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HEX Backup Documents 03/13/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS MARCH 13, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON MARCH 13,2014, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES—January 23,2014 4. ADVERTISED PUBLIC HEARINGS A. PETITION NO. SV-PL20130002213—Petitioner, Larry Pronovost of Infilaw Corporation requests a variance from Section 5.06.04.F.4 of the Land Development Code to increase the number of signs on the American Momentum Building to allow a sign on the south face of the building for a total of three signs with a total square footage not to exceed the maximum square footage allowed under Section 5.06.04.F.4 for two signs. The property is located in Parcel One of the Oakmont Parkway Extension subdivision, more particularly described in Exhibit A, also known as 8625 Tamiami Trail North in Section 33,Township 48 South, Range 25 East,Collier County, Florida. [Coordinator: Nancy Gundlach, Principal Planner] 5. OTHER BUSINESS 6. ADJOURN March 13, 2014 SV-PL20130002213 Pronovost February 5, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, February 21, 2014, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND& COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 450014w— Account Number: 868=9- U-11059 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M. Thursday, March 13, 2014 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: Petitioner, Larry Pronovost of Infilaw Corporation requests a variance from Section 5.06.04.F.4 of the Land Development Code to increase the number of signs on the American Momentum Building to allow a sign on the south face of the building for a total of three signs with a total square footage not to exceed the maximum square footage allowed under Section 5.06.04.F.4 for two signs. The property is located at 8625 Tamiami Trail North in Section 33, Township 48 South, Range 25 East, Collier County, Florida. (SV-PL20130002213) (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida PAVILION PELICAN LAKE PELICAN MARSH a0 MARSH (DRI) X MERCATO (DRI) 35 — PAVILION \ (� VANDEReu _ l L 0 J cH ROAD _ 34 PROJECT �a 33 LOCATION o 1 a VENETIAN 1 MARKER PLAZA Q M \ \ VILLAS X LAKE LEMURIA - ^Q /co O / vi d c WALGREENS — HEAVENLY — fi PELICAN �Z a MONTEREY Q EMERALD BAY Q PINE w Q LAKES (DRI) RIDGE v CARLISLE Q w 2 REGENCY 4 3 -J O F~- SAVANNAH CAY Q 0 J PLACE LAGOON 0 SLEEPY Q 0 0 HOLLOW Acct #068779 February 6, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: SV-PL20130002213 (Display Ad w/Map) - Pronovost Dear Legals: Please advertise the above referenced notice (w/Map) Friday, February 21, 2014 and send the Affidavit of Publication, in Duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140024 February 5, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, February 21, 2014, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M. Thursday, March 13, 2014 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: PETITIONER, LARRY PRONOVOST OF INFILAW CORPORATION REQUESTS A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS ON THE AMERICAN MOMENTUM BUILDING TO ALLOW A SIGN ON THE SOUTH FACE OF THE BUILDING FOR A TOTAL OF THREE SIGNS WITH A TOTAL SQUARE FOOTAGE NOT TO EXCEED THE MAXIMUM SQUARE FOOTAGE ALLOWED UNDER SECTION 5.06.04.F.4 FOR TWO SIGNS. THE PROPERTY IS LOCATED AT 8625 TAMIAMI TRAIL NORTH IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (SV-PL20130002213) (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida PAVILION LAKE PELICAN a PELICAN MARSH 0 MARSH (DRI) IY PAVILION MERCATO' (DRI) 35 c Z VANDERBILT 1 1�` 34 PROJECT "D- BEACH RpAD _ 0 33 LOCATION o 5 mi 1 MARKER LAKE VENETIAN rY PLAZA Q VILLAS \ \ -.p /LEMURIA -/ TO cri WALGREENS — HEAVENLY — (5 Z Do MONTEREY PELICAN J Q a EMERALD BA Q PINE w LAKES (DRI) RIDGE U- v CARLISLE — — I- Q w 2 REGENCY 4 W O I- 3 SAVANNAH CAY Q O l- a PLACE LAGOON I / SLEEPY SAVANNAH 0 Q 0 HOLLOW Martha S. Vergara From: Martha S.Vergara Sent: Thursday, February 06, 2014 9:06 AM To: Naples Daily News Legals Subject: SV-PL20130002213 - Pronovost (HEX) Attachments: SV-PL20130002213 Pronovost (3-13-14).doc; SV-PL20130002213 Pronovost (3-13-14).doc; SV-PL20130002213 Pronovost (3-12-14).pdf Legals, Please advertise the following attached ad Friday, February 21, 2014 . Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., Thursday, March 13, 2014 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITIONER, LARRY PRONOVOST OF INFILAW CORPORATION REQUESTS A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS ON THE AMERICAN MOMENTUM BUILDING TO ALLOW A SIGN ON THE SOUTH FACE OF THE BUILDING FOR A TOTAL OF THREE SIGNS WITH A TOTAL SQUARE FOOTAGE NOT TO EXCEED THE MAXIMUM SQUARE FOOTAGE ALLOWED UNDER SECTION 5.06.04.F.4 FOR TWO SIGNS. THE PROPERTY IS LOCATED AT 8625 TAMIAMI TRAIL NORTH IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (SV-PL20130002213) PAVILION PELICAN LAKE PELICAN MARSH MARSH (DRI) PAVILION L" MERCATO (DRI) 35 ,y VANDE 34 z RBILT �DH RDAD `1 PROJECT "a 33 LOCATION o ` a VENETIAN ' :ARKER LAKE PLAZA VILLAS JLEMURIA p / Zr. < Vi WALGRE NS HEAVENLY `2 5 MONTEREY PELICAN J EMERALD BAY E LL w a° LAKES (DRI) F RIPINDGE v ¢ CARUSLr a ID 4 3 O F SAVANNAH LA/2� n SLEEPY SAVANNAH i-t C 0 5 HOLLOW [\\_ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No.231150807 February 21.2014 Martha S. Vergara From: Rodriguez,Wanda Sent: Tuesday, February 11, 2014 3:50 PM To: Martha S.Vergara Cc: Gundlach, Nancy;Ashton, Heidi Subject: RE: HEX - SV-PL20130002213 Infilaw Ad looks good, OK to proceed. Wanda Rodriguez, MCP .Advanced Certified ParaCegaC Office of the County.Attorney (239)252-8400 From: Martha S. Vergara [mailto:Martha.VergaraCacollierclerk.com] Sent: Tuesday, February 11, 2014 2:51 PM To: GundlachNancy; RodriguezWanda; NeetVirginia; AshtonHeidi Subject: HEX- SV-PL20130002213 Pronovost Hello All, Attached is the ad proof from NDN, please review and let me know of any changes ASAP. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s).It may not be used or disclosed except for the purpose for which it has been sent.If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County.If you have received this communication in error,please notify the Clerk's Office by emailing helodesk(8collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., Thursday, March 13, 2014 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to NAPLES DAILY NEWS consider: Published Daily PETITIONER, LARRY PRONOVOST OF INFILAW CORPORATION Naples,FL 34110 REQUESTS A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER ,OF SIGNS ON Affidavit of Publicatil THE AMERICAN MOMENTUM BUILDING TO ALLOW A SIGN ON THE SOUTH FACE OF THE BUILDING FOR A TOTAL OF THREE SIGNS WITH State of Florida A TOTAL SQUARE FOOTAGE NOT TO EXCEED THE MAXIMUM SQUARE Counties of Collier and Lee I FOOTAGE ALLOWED UNDER SECTION 5.06.04.F.4 FOR TWO SIGNS. THE PROPERTY IS LOCATED AT 8625 TAMIAMI TRAIL NORTH IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Before the undersigned they serve as t (SV-PL20130002213) ('� appeared Calabrese,alab rPse, whO on oa PAVILION LAKE PELICAN 0 PEUCAN MARSH Q Advertising Director of the Naples Dai L. MERCATO MARSH (DRI) `� (DRI) m co PAVILION 35 newspaper published at Naples, in C( ,,ANOERBILT■BEACH ROAD =-34 I PROJECT distributed in Collier and Lee counties 33 Elk LOCATION attached copy of the advertising, beins ■ MARKER LAKE VENETIAN S ��VILLAS PLAZA PUBLIC NOTICE 3 Q NQ - LEMMA ES C WALGREENS 7 HEAVENLY 7,, 7 T NOTICE PELICAN V'2 a MONTEREY in the matter of P VDL1C NCITlI (DRI) RIDGE e o EMERALD [II PINE LL °Q LAKES was published in said newspaper 1 tir 2 `GE 4 a 3 W °w ."ucAOON on February 21, 2014. SLEEPY All interested parties are invited to appear and be heard. All materials used in Affiant further says that the said Na presentation before the Hearing Examiner will become a permanent part of the record. published at Naples, in said Collier CI newspaper has heretofore been contin Copies of staff report are available one week prior to the hearing. The file can be County,Florida; distributed in Collier reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. each day and has been entered as seco office in Naples, in said Collier Count The Hearing Examiner's decision becomes final on the date rendered. If a person year next preceding the first publicati decides to appeal any decision made by the Collier County Hearing Examiner with advertisement; and affiant further says respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record promised any person, firm or corporal' of the proceedings is made, which record includes the testimony and evidence upon commission or refund for the purpose which the appeal is to be based. publication in t id newspaper. ______ If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision _ of certain assistance. Please contact the Collier County Facilities Management (Signature of affiant) Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. orn to a . subscri 1 ed before me Mark Strain is 27th d.' •, Feb .ary, 2014 Hearing Examiner Collier County, Florida ` O /f,L -��- No.231150807 February 21.2014,..ti, (Signature of notary public) ';�+:'P' CAROL POUDORA e.: ��>, :.: MY COMMISSION#EE 851758•:_%,�: EXPIRES:November 28,2014 'oF of',;°('' Bonded Thru Pichard Insurance Agency _ Z HEX NO. 2014-06 HEARING EXAMINER DECISION PETITION NO. SV-PL20130002213 —Larry Pronovost of InfiLaw Corporation requests a variance from Section 5.06.04.F.4 of the Land Development Code to increase the number of signs on the American Momentum Building to allow an additional sign on the south face of the building for a total of three signs with a total square footage not to exceed the maximum square footage allowed under Section 5.06.04.F.4 for two signs. The property is located at 8625 Tamiami Trail North, in Section 33, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: March 13, 2014. STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant 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: The petitioner's letter dated October 21, 2013 and included in the staff report stated that the sign being requested would not be illuminated. Consequently, staff included this non-illumination condition in the restrictions provided as part of the staff recommendations for this sign variance. Upon examination of the applicant's detailed drawings that are also part of the staff report, those drawings note that the sign will be "reverse illuminated". The petitioner requested the removal of the staff restriction involving illumination and provided evidence entered into the record, that one of the private reviewing organizations, the Pelican Bay Foundation, had no objection to the removal of this condition and the "reverse illumination" is consistent with the other approved signs for this building. DECISION: Petition SV-PL20130002213, filed by Tim Hancock, AICP of Davidson Engineering, Inc., representing Larry Pronovost of InfiLaw Corporation, with respect to the property described in Exhibit "A", is hereby approved for a variance from Section 5.06.04.F.4 of the Land Development Code to increase the number of wall signs on the American Momentum Building to allow an additional sign on the south face of the building for a total of three signs with a total square footage not to exceed the maximum square footage allowed under Section 5.06.04.F.4.a for two signs, in accordance with the Proposed Site Plan attached as Exhibit "P", and as subject to the conditions set forth below. 1 of 2 ATTACHMENTS: Exhibit A—Legal Description Exhibit P—Proposed Site Plan CONDITIONS: 1. The additional building wall sign is limited to the south façade of the subject American Momentum building. 2. The additional building wall sign may be reverse illuminated channel letters (halo lit). 3. The aggregate square footage of the three signs noted on Exhibit P will not exceed 400 square feet. 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. 3 - li- LLf U" G Date M k Strain, Hearing Examiner Appri ed as to and legality: vow IFW. 17 A. Scott A Stone Assistant County Attorney 13-CPS-01266/7 2 of 2 • • OR: 4188 PG: 0010 EXHIBIT "A" (Legal Description) Parcel One of OAKMONT PARKWAY EXTENSION, according to the plat thereof as recorded in Plat Book 21, Pages 77 and 78, of the Public Records of Collier County, Florida, less the following two parcels: 1. A portion of Parcel One of OAKMONT PARKWAY EXTENSION, according to the plat thereof as recorded in Plat Book 21, Pages 77 and 78, of the Public Records of Collier County, Florida, being more particularly described as follows: Begin at the Southwest corner of Parcel One of OAKMONT PARKWAY EXTENSION, according to the plat thereof as recorded iI • -t Book 21, Pages 77 and 78, of the Public Records of Collier County, Florida - - : .2 : s.int on the Easterly right-of-way line of Oakmont Parkway; thence r o. - . .. _long the Westerly boundary of said Parcel One and along --i.• aster-1y right-of-w. ' : for a distance of 14.73 feet; thence run North 89°22'21" a , e : : - with the South rly ooundary of said Parcel One, for a distance of 378.10 fe: to :p.- t - Eas e y bou ,da , of said Parcel One;thence run South 00° 37'39" Eas al• • - -,---4 - I,..vl. ,: - . - ai• Parcel One, for a distance of 12.50 feet to the Sout ea:t ■ .m-r . .i„ ;,:if�_„ i ' th:nce run South 89° 22'21" West, along the Souther) kn ,.= . . . • : I O 1- • a-d'.tance of 385.88 feet to the Point of Beginning. �`n �.. C Bearings refer to the North '� .•f Parcel Two of • 1 ''T PARKWAY EXTENSION, according to the plat thereof a . .ed in Plat B. �i�I��,'� ages 77 and 78, of the Public Records of Collier County, Flori.: a i . - •,,tt:al 2'21" West. r IT 2. 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' -- a V E-9t -SZ -Z/1-9Z •W f( . l, 3 ° + - • - •cv, W � Z Z/t1,9 , 3sw 16A a Friday, February 2l,2014 ff NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE I NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., Thursday, March 13, 2014 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITIONER, LARRY PRONOVOST OF INFILAW CORPORATION REQUESTS A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS ON THE AMERICAN MOMENTUM BUILDING TO ALLOW A SIGN ON THE SOUTH FACE OF THE BUILDING FOR A TOTAL OF THREE SIGNS WITH A TOTAL SQUARE FOOTAGE NOT TO EXCEED THE MAXIMUM SQUARE FOOTAGE ALLOWED UNDER SECTION 5.06.04.F.4 FOR TWO SIGNS. THE PROPERTY IS LOCATED AT 8625 TAMIAMI TRAIL NORTH IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (SV-PL20130002213) PAVILION PELICAN LAKE PELICAN MARSH Q MARSH it (DRI) PAVILION \ 1-. MERCATO (DRI) 35 c3 0 CC VANDERBILT A 34 I PROJECT "� 3EACH ROp a 33 LOCATION 0 5 is a C MARKER LAKE PLAZAN Q VILLAS ¶ LEMDRIA L`a 0j �, WALGRE NS ▪ HEAVENLY ',12 MONTEREY PELICAN II J A EMERALD BAY < Illl—�IJII' PINE I¢ LAKES (DRI) RIDGE k 3 CARLISLE Q 2 REGENCY Fl 4 5 3 W SAVANNAH LAGOON Q OJ h PUCE 4 3 SLEEPY `J C F- (S HOLLOW All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida EXHIBIT No.231150807 February 21.2014 /4 . ''113/1 C2N. Court Reporter AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON MARCH 13, 2014, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES—January 23, 2014 4. ADVERTISED PUBLIC HEARINGS A. PETITION NO. SV-PL20130002213 — Petitioner, Larry Pronovost of Infilaw Corporation requests a variance from Section 5.06.04.F.4 of the Land Development Code to increase the number of signs on the American Momentum Building to allow a sign on the south face of the building for a total of three signs with a total square footage not to exceed the maximum square footage allowed under Section 5.06.04.F.4 for two signs. The property is located in Parcel One of the Oakmont Parkway Extension subdivision, more particularly described in Exhibit A, also known as 8625 Tamiami Trail North in Section 33,Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, Principal Planner] 5. OTHER BUSINESS 6. ADJOURN / EXHIBIT (J F.113114 r _ 1 AGENDA ITEM 4-A ti Co t r t Coun y STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING& ZONING DEPARTMENT GROWTII MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: MARCH 13, 2014 SUBJECT: PETITION SV-PL2013-00002213, INFILAW SYSTEMS SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: Agent: Mr. Larry Pronovost, Mr. Tim Hancock, AICP InfiLaw Corporation Davidson Engineering, Inc. 1100 5th Avenue South, Suite 301 3530 Kraft Road, Suite 301 Naples, FL 34102 Naples, FL 34105 REQUESTED ACTION: The applicant is requesting a variance from Section 5.06.04.F.4 of the Land Development Code (LDC) to increase the number of signs on the American Momentum Building to allow a sign on the south face of the building for a total of three signs with a total square footage not to exceed the maximum square footage allowed under Section 5.06.04.F.4 for two signs. GEOGRAPHIC LOCATION: The subject property is located in the Pelican Bay PUD/DRI (Planned Unit Development/Development of Regional Impact) (Ordinance No. 77-18) at 8625 Tamiami Trail North (US 41) in Section 33, Township 48 South, Range 25 East, Collier County, Florida. (Please see the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The subject property, the American Momentum Center, is a 5-story office building sited on a parcel that is located on the west side of Tamiami Trail North (US 41). It is surrounded by a multi-story office building to the south, a bank and shopping center to the north, and a residential development to the west. (Please refer to the Aerial on the following page.) SV-PL201300002213 Page 1 of 10 Date: February 27,2014 Y ., .. -- _ C asst. _ �. , NEnuro 4 , PUD i \ MA Ai 4.4 al aPAIM NNW, ,j- aw CMS BANK low mom, a \o a" , �., ` 7 - 0 : . .s imr ws N .: 1 aya r ti 1NE III VMDEB9LT BEAD, ROAD 1 '� r x. P,l ��1 .r req., AT GVI BAY T77'T. .: SUINIERINACE F �- 8 Puo I l.- i ii. snamog . ` ow 0111 # I , IWIMI -- - L- .BN'w PELICAN 1104 •^'��aa.-;� ® PROJECT 1 is aro A ,A,,,, i I LOCATION � I$6 a aw E u,ra IC-4AV/� aN,Ma v RMF-16 a11,T MuwA> 110101. _._. NAPLES 81TE YI� �� a a+l ..____.._.... LOCATION J I NiR, Wall, , L'AMBUNCE S PELICAN BAY '. • • 272211.1 Arm' , --• 7 Iii 4i i, 0 3 3 TBB PN V PM IV NAi , 10tN10 B "M,' �� �� S it WM a ° ��� � BAV BQ1lFVN10 / av .lJY .».'»APN, ,_ Ve,. a N0005 wi'� rr2r ®i'� T © 9ABPoNCT01��� S SNIOP YE.,. ..1!I U ,.,,L 1 n H u S O p0� ....... . . 33 34, LOCATION MAP ZONING MAP PETITION #SV-PL-2013-2213 EXHIBIT P SITE PLAN --Existing"American Momentum Bank" tnfiLawII a The • SIGNS AWNINGS Building Wall Signs System` • GRAPHICS MST M7pNA1 BANK Of BIYPMA � NAPLES I s,wM,,,,It J,I u+_ �it ii—' I F.,U'. ,e.l.F...'01-.1,1511 -- + f v /I I--- I ! Created for MIAs I IT? I' Ad6esa/City/State z 1 �l�t��A �'-(i a Naples 1 - ...mini...._....mini......r u _.��_!� `' a I Sales Representative Rapes n. °tea ,_ i► r t i _•• / PI Costumer Apyroval Y! f�i i / lirir� ,� —�c 1 Date ��//�� .�.j ...;6,,,,/ n2'.,,n, #' \ Landlord's Approval r It J • i I %%%/ %% /� � �....—r 119 Filename hillHwaWpfesFi r 11 _ %/// ,( /'' /, ‘. taE : �r ts4s 1_ • �.', ••a f Soda Noted `+rii aillil • / f. .. .. r . -. I —- if Oate 09!11!13 i�' FAA�bNE' a.. L'�787tC• Sheet_- Ial4 -.�.. $a6..,,, IN Revisions r,--; 09/23113 / 1 - 1 n i i o n 1 1 ►. _y _ .10110113 -7_ =,..' 10/14/13 y ;4J - ? ' J y_J Proposed"InfiLaw" R-= " �.,��// /7/ ' ii Building Wall Sign PARCEL TO' // SITE PLAN : N.T.S. I . EXHIBIT P1 PHOTO EXHIBIT IN6Gl/VS {�nfiLaw •SIGNS Proposed"InfiLaw" Building Wall Sign System roe •AWNINGS • GRAPHICS 11,71.41mo 1114 s 2Se IN n It}In t PI Ai Pi'4•.'e Tin 74/7S13 Created F. Yd94w aR Address/Cary/State =a -... !Wpbs FL elf s• Sales FepresemRiee rae U MLIB Ri99inS Customer App oval Date _ - - - Landlord's Aeon. III Filename Data WIT /1949-k?dilaw-Naples FL Dram le No 1949 • Scale Notr+d �• _ _ Date 09,21/13 snaa 1 of a fleai40A6 009119113 * • NO ©10/10113 g, .�..__ ,_.-.. -.. -...-.... a. a ©10114113 O SOUTH ELEVATION a.T.a. • EXHIBIT P2 REVERSE CHANNEL LETTERS 81.41 SQ FT NOTE. 14'-5^ I�a , '' ` ;.,.,* RACEWAY BOX TO 1 GENERAL SPECIFICATIONS: Slgn 1 system �1 •AWNI 13'-3112" S •Stem 3� •AWNINGS EXTEND 3'MIN.PAST t Y LETTERS ON ALL SIDES I 1 Reverse Illuminated Channel Letters. •GRAPHICS Fabricated aluminum letter faces&returns IDuranedic Bronco finish).Clear Lexan backs. ,l5,t."11.+10 ti.m,Pa«ma Halo lit by white LEDs by raceway box.Stand er.a^^"n Ft Han • _-._._.. Y powered b transformers contained within rec rr.w.ev_ava a.wr.,o.mt - off mounted from raceway box.Raceway box to have hinged face at top for service 111 access.Raceway box mounted to building fascia with lag bolts b wooden strangers. Crowed Fa JçfjJJir7 COLAR SCHEME mnw ass/gay/State (LETTERS) tt��UNDERWRITERS u White LEDs �Rt•LABORATORIES naaB3' S' .rsterri ■(LETTERS)&orate ELECTRIC SIGN Sales FL aeprefeoaaeva ■1� N Make Rains - s: R/W Box texture r 3'1 5' 1 ceatortrer App.e..aI 99 i.�n /� - _ tt paint to match building FRONT ELEVATION:Scale 1/4'=1'.0- 121 Stacked O•x irr -- -- one WOeden strangers - - LnMbrBs Aoorovai /' L r Lag bons I Sign 1 _--_]1�.`, `'�' Raceway boa with hinged tare r I 1 Filename Nie Jlla Sign 1 i % Mechanical fastener asrego 11949R3.10iewNaplesFL U3 _..__ ..., .A��1►a -('-.44:' w11 ■ _M-. with 2'pvc spacer i , wa i +.- W . T + I -R .063'aluminum return Drawing No 1949 ., i�x'° �--- �31T.7 ` ; r��7--+ - .. _. Clear SG Lexan back scab NtAed ` -a-r`* --. L•- !;I` i LL.. RtimarY wiri Gate 09177/13 • - t-, Sheet 3 o/4 �,I ._ 7+ - .125"olummum lace I eaasana - �y,Li T,_._... .i Wire connector II' i -- 009/2333 r r .... .. oddea applied w/ 0/70/73 -:�, - I .+�. d double-sided foam tape 7 �!11 �I I"iIL 1�1 ono/7</t3 r. -_ it a .4.7--- ..:, Aluminum'L'bsacket 3 _ I ±- F r 1�7I - . F llil 1 i [- -.,:.-id-,-- ( 1 4'Weephde O vv — *� -~t Disconnect Switch 4..� per.,, pr. i _. .. .. is`'R - .4 I r--1 t1' ri.i'.'iM- . ,_. ,...¢ . Transformer _ rw I/a-Weep hole •� I ". Jam.' .. .- ... _ _- Fascia _ ......a.l.'ww www SOUTH ELEVATION: a1. SECTION DETAIL: N.T.S. r ,.,..;,.....-' r� it The 5-story office building currently has two permitted building wall signs for the "American Momentum Bank" on the top of the building's east (front) façade facing North Tamiami Trail and on the building's north façade facing towards the shopping center. The petitioner is requesting another sign variance to allow for a third building wall sign on the south building façade. The proposed building wall sign will face towards another multi-story office tower to the south. According to documents submitted by the applicant, the proposed building wall sign will not be illuminated. In addition, the combined area of the proposed building wall sign along with the existing two building wall signs will not exceed the maximum sign display area permitted by the Land Development Code(LDC) for two building wall signs. The requested variance is from LDC Section 5.06.04.F.4.f. which states: "Multi-story buildings with 3 or more stories are limited to 1 wall sign per street frontage not to exceed a maximum of 2 wall signs per building, but such signs shall not be placed on the same wall. " As depicted on the Site Plan on page 3, the subject sign of this sign variance is identified as "Proposed InfiLaw Wall Sign" along with the two existing building wall signs for "American Momentum Bank." The existing wall signs are permitted building wall signs and are not part of this variance request. They have been shown for informational purposes only. In 2010, a sign variance (Resolution no. 2010-126) was previously approved for the American Momentum Center to allow for an additional ground sign along Oakmont Parkway Extension. (Please refer to the Attachments at the end of this Staff Report.) The applicant has presented this sign variance application to the Pelican Bay Foundation and they have unanimously approved a motion stating `no objection' to the requested sign variance. The applicant has also provided a Letter of Authorization (i.e. Letter of No Objection) from the property owner, TAC Holdings, L.P. (Please refer to the Attachments at the end of this Staff Report.) SV-PL201300002213 Page 6 of 10 Date: February 27,2014 A ��TVY 1', _. . I . Si 1 `ti, , , r .,- l" f i a il 411 I 'i , "mot I..In.. Y �*, 4N. 1 S` ,`. '* • *Pity." .. a t' + j RIP' a.. Lk p x,;' f Cauca Caanty O,aco'iY RaF+aew Names,FL. -, r x. ` 0�t1f�- lisr ~ PI AERIAL PHOTO of SUBJECT PROPERTY SURROUNDING LAND USE AND ZONING: North: Bank office building, and parking lot of a shopping center, with a zoning designation of Pelican Bay PUD/DRI South: Multi-story office building, with a zoning designation of Pelican Bay PUD/DRI East: Tamiami Trail North (US 41), then a commercial business with a zoning designation of C-4, General Commercial on the east side of US 41 West: Oakmont Parkway Extension, then the preserve area of a residential multifamily development with a zoning designation of Pelican Bay PUD/DRI on the west side of Oakmont Parkway Extension. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Designation, Mixed Use Activity Center Subdistrict of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual variance requests but focuses on the larger issue of the actual use. The existing commercial use is consistent with the Future Land Use Map. SV-PL201300002213 Page 7 of 10 Date: February 27,2014 I Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ANALYSIS: The decision to grant a sign variance is based on the criteria of LDC Section 5.06.08.B. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. There are no special conditions and circumstances that exist which are peculiar to the land, structure or building involved which are not applicable to other lands, structures or buildings in the same district. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The literal interpretation of the provisions of the sign code would not deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district and cause unnecessary and undue hardship on the applicant. However, if a literal interpretation of the LDC provision is applied, then the applicant would not be able to have additional building wall signage. This is because the only two permissible wall sign areas are occupied by American Momentum Bank signage. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. There are no special conditions and circumstances which are peculiar to the land, structure or building that result from the actions of the applicant. However, the two permissible wall sign areas are occupied by American Momentum Bank signage. d. 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. A Variance by defmition confers some dimensional relief from the zoning regulations specific to a site. The granting of the Sign Variance request would allow for an additional SV-PL201300002213 Page 8 of 10 Date: February 27,2014 ii building wall sign on the south façade of the multi-tenant building. Therefore, this sign variance confers special privilege on the applicant. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land,building or structure. The purpose of the requested Sign Variance is to allow for an additional building wall sign that is otherwise not permissible by code. The subject sign along with the two permitted signs will be within the permissible sign display area of two building wall signs. If the Conditions of Approval recommended by Staff below are followed, the reasonable use of land is possible. f. 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. Yes. Section 5.06.01.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs are: 1. Compatible with their surroundings; .-� 2. Designed, constructed, installed and maintained in a manner that does not endanger public safety or unduly distract motorists; 3. Appropriate to the type of activity to which they pertain; 4. Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation; 5. Reflective of the identity and creativity of the individual occupants. In staff s opinion, the request for the additional wall signs meets the intent of the LDC. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for SV-PL201300002213 revised on February 24,2014. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a decision to approve Petition SV-PL-201300002213 subject to the following conditions of approval: 1. The additional building wall sign is limited to the south façade of the subject American Momentum Bank building. 2. The additional building wall sign shall not be illuminated. SV-PL201300002213 Page 9 of 10 Date: February 27,2014 PREPARED BY: A Feb. t' 214' NANCY D H, AICP, PRINCIPAL PLANNER DATE DEPART T F PLANNING AND ZONING REVIEWED BY: AFL / . 4 LA_ Z- /7' 49- V. BELLOW. , ZONING MAN DATE RAYM°4 DEPAR" ENT OF PLANNING AND ZONING ref- 4,9 MICHAEL BOSI, AICP, DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING Attachment: Attachment A: Letters of No Objection SV-PL201300002213 Page 10 of 10 Date: February 27,2014 PELICAN I la BAY Pelican Bay Foundation, Inc. January 27,2014 Timothy Hancock,AICP Director of Planning Davidson Engineering, Inc. 4365 Radio Road,Suite 201 Naples, FL 34104 tim @davidsonengineering.com RE: InfiLaw Systems Sign Variance Petition SV-PL20130002213 Dear Mr. Hancock: On January 21, 2014, the Pelican Bay Foundation Facilities Committee reviewed the requested sign variance and received a detailed presentation from the applicant. The Committee forwarded a unanimous recommendation to the Pelican Bay Foundation Board to 'not oppose'the sign variance application. On January 24,2014,the Pelican Bay Foundation Board met and considered the variance application as well as the recommendation from the Facilities Committee. Recognizing that the request was consistent with the quality and character of existing signage on commercial hi-rise buildings in Pelican Bay and based on the unique application of the elements of this petition,specifically that the additional sign would face existing commercial zoning to the South and would not directly face a residential area,the Foundation Board unanimously approved a motion,stating'no objection' to the requested sign variance. Si t�� '1 ne 4 f Co enants ----4- -- all,".„,p•, v II "AU .A MY comkesSol MEE X76 Cc: Larry Pronovost,AIA, the InfiLaw System i°__■ ,, Jim Hoppensteadt, Pelican Bay Foundation, President/COO Nancy Gundlach, Principal Planner,Collier County Growth Management Division EXHIBIT C 1 313 r Pelican Bay Foundation, Inc. • 6251 Pelican Bay Boulevard • Naples, Florida 34108 (239) 597-8081 • (239) 597-6802 FAX • E-Mail: memberservices @pelicanbay.org OR: 4188 PG: 0010 EXHIBIT "A" (Legal Description) Parcel One of OAKMONT PARKWAY EXTENSION, according to the plat thereof as recorded in Plat Book 21, Pages 77 and 78, of the Public Records of Collier County, Florida, less the following two parcels: 1. A portion of Parcel One of OAKMONT PARKWAY EXTENSION, according to the plat thereof as recorded in Plat Book 21, Pages 77 and 78,of the Public Records of Collier County, Florida, being more particularly described as follows: Begin at the Southwest corner of Parcel One of OAKMONT PARKWAY EXTENSION, according to the plat thereof as recorded in P1-t Book 21, Pages 77 and 78, of the Public Records of Collier County, Florida - - :Me 0_' • - ..int on the Easterly right-of-way line of Oakmont Parkway; thence ,,a` • . •a :74. - Iong the Westerly boundary of said Parcel One and along _ �r asterly right-of-w. 4ttw,for a distance of 14.73 feet; thence run North 89°22'21" a; , llel w ith the Southerly boundary of said Parcel One, for a distance of 378.10 fee to = point 4• t —astre' y bou dary of said Parcel One;thence run South 00° 37'39" East, alo(....,- • _ ' ' ii' : ..aid Parcel One,fora distance of 12.50 feet to the Southea; •m-r • .1,, �:, •1e thence run South 89° 22'21" West,along he Southerly bo •„• - • : I O sr a-d'-tance of 385.88 feet to the 9 Y Point of Beginning. CCU Bearings refer to the North'4.,f Parcel Two of 0. alp ""T PARKWAY EXTENSION, according to the plat thereof asp - ¢. '•ed in Plat B. !1 'ages 77 and 78, of the Public Records of Collier County, Florio : '410?I• • ••,. 2'21" West. 2. PLAT OF FIRST NATIONAL BANK OF NAPLES, according to the plat thereof as recorded in Plat Book 25, Pages 79 and 80, of the Public Records of Collier County, Florida. 3 2 EXHIBIT 0 a w W a OR: 4188 PG: 0011 EXHIBIT "B" (Permitted Exceptions) 1. Restrictive covenants and conditions, easements affecting the insured lands (including right to create easements in the future over the insured lands), restrictions, assessments(including liens securing same)and other terms and provisions,as contained in instrument recorded in Official Records Book 825, Page 1755; amended in Official Records Book 1015, Page 1840; Official Records Book 1121, Page 1977; Official Records Book 1381, Page 298; Official Records Book 1414, Page 1135; Official Records Book 1469, Page 1364; Official Records Book 1585, Page 2335; Official Records Book 1591, Page 2269; Official Records Book 1626, Page 1714; Official Records Book 1705, Page 678; Official Records Book 1717, Page 1917; Official Records Book 1814, Page 1214; Official Records Book 1865, Page 1192; Official Records Book 1992, Page 1817; Official Records Book 2413, Page 2847;Official Records Book 2475, Page 2286;Official Records Book 2570, Page 1173; Official Records Book 2595, Page 689; Official Records Book 2667, Page 1645; Official Records Book 2767, Page 2111; Amended and Restated Declaration recorded in Official Records B. • 938, Page 1959;Certificate of Amendment recorded in Official Records Book s�� • -rtificate of Amendment recorded in Official Records Book 3002, P=���:,,��7_, I .-1 - •. ' mendment recorded in Official Records Book 3250, Page 1 • •• signment of Ce . -'. ts, Privileges and Obligations recorded in Official Record : •• •• . : , -a•e 2056;Ce • 1 - e of Amendment recorded in Official Records Book 3• -a. = -• : :; • sig -nt o Ce ain Rights, Privileges and Obligations recorded in • ' . - -,.y . • :i -; - 06. and Official Records Book 3496, Page 3069; Certifi : - 1 • m- d�:I •-•. << - ,` • •icial Records Book 4000, Page 2433;and Certificate of A - •� �T.� • • u,,, Offs s Book 4135, Page 729,all of the Public Records of • .:r •un , Florida. . r,, tY 2. Easement recorded i • ial Records Boo • • ., - .2e 1823,of the Public Records of Collier County, Florida. O� �1(\ 3. Matters as shown on the plat 4 '. ,.,i�■C-ARKWAY EXTENSION, recorded in Plat Book 21, Pages 77 and 78, of the Public Records of Collier County, Florida. 4. Easement recorded in Official Records Book 1615, Page 1260, of the Public Records of Collier County, Florida. 5. Covenants, conditions, restrictions,easements(establishing easements or rights to create easements on the insured lands), assessments(including liens securing same)and other terms and provisions of Declaration of Protective Covenant, Conditions, Easements and Restrictions recorded in Official Records Book 1755, Page 1765,of the Public Records of Collier County, Florida. 6. Covenants, conditions, restrictions and other terms and provisions set forth in Neighborhood Covenants for a portion of Parcel One, OAKMONT PARKWAY EXTENSION, recorded in Official Records Book 2267, Page 1870,of the Public Records of 4 _ *** OR: 4188 PG: 0012 *** Collier County, Florida, including without limitation provisions for the creation of certain easements on the insured lands set forth in Article IV thereof. 7. Assignment of Development Rights Within The Community Commercial District of Pelican Bay recorded January 2, 1997, in Official Records Book 2267, Page 1881, as amended in Official Records Book 2767, Page 2108,each of the Public Records of Collier County, Florida, including without limitation the building square footage provisions thereof. 8. Easement(s)granted to State of Florida Department of Transportation, recorded in Official Records Book 2419, Page 1243, of the Public Records of Collier County, Florida. 9. Resolution No. 2006-206 recorded in Official Records Book 4103, Page 3169, Public Records of Collier County, Florida. 10. Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records as of the date hereof; and the consequences of any law, ordinance or • • - • •• -ntal regulation including, but not limited to, building and zoning ordinances .0, R COUA 0\X 4 V11 11. Defects, liens, encumb , adverse claims • o -r matters not known to the Grantor and not shown by he • • ' - a.• • bu now to e Grantee as of the date hereof and not disclosed in rit g •' ' = G = tee t• the G -nt r prior to the date hereof. 12. Visible and apparen e en : • -II r err• old easements, the existence of d which may arise by unre e. tL. r 13. Taxes and assessme •r the year of cl• , ; : .n• - ,sequent years. 14. All matters that would b- •t• • by a cu t ' ey of the property. 4 CI-%C 5 dift if • .. •• 1 _ 4 4 1. # f v' Milt I-- 111,"! Vi ": 0 ji. _ = Z A 1 M ma m x 1 = _ co H... ...... II li si ,_...... ...., . , ...,, . ,..... ..._._. . r aiwkivr ... , . --,r _, ,.. i a PENGAD 800-631-6989 w m =i A DAVIDSON ENGINEERING www.davidsonengineering.com 4365 Radio Road, Suite 201 • Naples, FL 34104 • P (239) 434.6060 • F (239) 434.6084 INFILAW SYSTEMS PROPOSED SIGNAGE EXHIBIT F -3 a 3 1 Cell ` a�"i �' e_ v I ^ v _$S eB�gpoFm Q o o h °' o o s � yS N 0 #^ C Z 2 Q Z co `3` E6LS6 E`,wo Z2 rg� °ti_ — 2 ��a yg gs as Za c �� o TO 0 -s 3s` s `i`co tr a mr co m < a° = fl°°;'E - �nQl7 s LL a �, M o� �N ° ^ a `Ec'StEs E M a • • • �mq °—' " J LL .e m d aa) Hp ° ° ="`6.; -it E i i s CL !" I— m E X wq=1 y LLI 4547 N = r= N o. 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CC E N -O U tO G) N U 2 U Q eurgt II E " w -c E C N Co ' +I 3 L N 0 To 0 o O ' Y O V To E °- ° N '6 VI cn Z C L Q w (O �J M w a0) � � � Z Cn ii( /1 c. ° = N _ o a, V x m W C7 • Q C N L O y-3° 1- W C") Y.b .'^ o .c c v J — C cn' -. a' L C9 OJ H w ° N = 3 'c -o — c I— p c c ° c o Z p „8/9£ „9 _1 m o E w mcm ° 7E 2 1— - a c�Z/t 9 .91/68 „6 o oc � E U w co° ° or j . o n Q _ . 02 .: 9- 0E . 2 + e J LL DE DAVIDSON E N G I N E E R I N G www.davidsonengineering.com 4365 Radio Road, Suite 201 • Naples, FL 34104 • P (239) 434.6060 • F (239) 434.6084 Nancy Gundlach,AICP,RLA# 1244 October 21, 2013 Principal Planner,Planning&Zoning Collier County Growth Management Division 2800 North Horseshoe Drive Naples,FL 34104 Re: InfiLaw Systems Sign Variance Petition lsr Review Dear Nancy, Enclosed is a Sign Variance Petition for `The InfiLaw System', who is a tenant in the American Momentum Building, located at 8625 Tamiami Trail North. The purpose of the variance is to request a third on-building sign in a manner consistent with the two existing signs at the top of the building. There are existing signs located on both the north and east faces of the building. The proposed additional sign is to be located on the south face, adjacent to an existing commercial development. The sign will not be illuminated and the total square footage of all three signs will be less than the maximum square footage allowed for the allowable two signs per the LDC. We have included the following items for your review and approval: 1. Twelve(12)copies of the Cover Letter; 2. Twelve(12)copies of the Sign Variance Application; 3. Twelve(12)copies of Attachment"A",the Nature of Petition Responses; 4. One(1)original Affidavit/Letter of Authorization; 5. Twelve(12)copies of the Proposed Signage(Exhibits P,P1,P2 and P3); 6. Twelve(12)copies of the Existing Signage(Exhibits E, El and E2); 7. One(1)copy of the Location Map; 8. Two(2)electronic copies of all documents being submitted. Should you require any additional information, please feel free to contact me at (239)434-6060 ext 2983,or by email at tim(a)davidsonengineering.com. Sincerely, Timothy Hancock,AICP Director of Planning Cc: Larry Pronovost,InfiLaw Corporation Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)252-6358 www.colliergov.net SIGN VARIANCE PETITION LDC Section 9.04.00 PROJECT NUMBER PROJECT NAME For Staff Use DATE PROCESSED APPLICANT / OWNER INFORMATION PETITIONER'S NAME: Larry Pronovost, Director of Facilities, InfiLaw Corporation ADDRESS 1100 5th Avenue South, Suite 301, Naples, FL PHONE# (239) 659-4778 CELL# FAX # E-MAIL ADDRESS: Ironovost@infilaw.com AGENT: Tim Hancock, AICP FIRM: Davidson Engineering, Inc. ADDRESS 4365 Radio Road, Suite 201 Naples, FL 34104 PHONE# 434-6060 CELL# FAX # 434-6084 E-MAIL ADDRESS: tim @davidsonengineering.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. May 25,2012 99unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)252-6358 www.colliergov.net LEGAL DESCRIPTION OF SUBJECT PROPERTY SECTION/TOWNSHIP/RANGE: 33 / 48 / 25 PROPERTY I.D. # 64380000355 SUBDIVISION NAME: UNIT BLOCK LOT METES & BOUNDS DESCRIPTION: ADDRESS OF SIGN LOCATION: 8625 Tamiami Trail North CURRENT ZONING: PUD LAND USE OF SUBJECT PARCEL: Commercial LenLength & Height of wall upon which the Sign will be secured: Facade is 85' H x 307' W 9 9 p g (If Wall Sign) Width of Subject Property: 273 Road Frontage) NATURE OF PETITION Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to 10'; why encroachment is necessary; how existing encroachment came to be; etc. Please see Attachment "A". Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address the following criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Please see Attachment "A". 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Please see Attachment "A". 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Please see Attachment "A". May 25,2012 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239)252-2400 FAX (239)252-6358 www.colliergov.net 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Please see Attachment "A". 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Please see Attachment "A". 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Please see Attachment "A". 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Please see Attachment"A". 8. Will granting the variance be consistent with the Growth Management Plan? Please see Attachment "A". May 25,2012 -- AFFIDAVIT Rick Inatome, President, InfiLaw Corporation We/I, being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Davidson Engineering, Inc. As property owner We/I further authorize to act as our/my representative in •,f y matters regarding this Petition. 1 ■ i gnature of Property„ Signature of Property Owner Rick Inatome, President, InfiLaw Corporation Typed or Printed Name of 0,,,e, • Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 15 day of No....) , 20 13, by r./-- who is personally known to me or has produced as identification. 4/444-40.- i t/2:4:4s44,r14,v/Z. (Signature of Notary Public-State of Florida) /511—.. ` (AURA K.fARNSWaRTH If c!■ .r MY COMMISSION#DD 955750 ii, Ws'..:.ti;. EXPIRES:January 26,2014 It , Bonded Thru Notary Public Underwriters I (Print, Type, or Stamp Commissioned Name of Notary Public) May 25,2012 From: 10/17/2013 10:06 #189 P.0011003 CO eYcounty COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)262-5724 WWw.CQLUERGOV.NFT `•; : 'ADDRESSING Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be sianed_ty Addressing personnel prior to pre- application meetint,_please allow 3 days for Processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED, Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) O BD(Boat Dock Extension) ❑ SDPA(SOP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) Q EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) O PPL(Plans&Plat Review) ® VA(Variance) ❑ PSP(Preliminary Subdivision Plat) El VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) © OTHER LEGAL DESCRIPTION of subject property or properties(copy of le y description may be attached) Section 33,Township 48, Range 25 5:e9 a i. FOUO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more than one) 64380000355 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 8625 Tamiami Trail North • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) infilaw Systems (Sign Variance) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) AA SDP 1007 - 5.�4%rARor PL.# Se& 2.068'-AR- i±3G�4•1 From: 10/17/2013 10:08 #189 P.002/003 CO er Co14nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252.6724 W W W_COLLIERGOV.NET Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Check One: ® Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Jessica Harrelson, Project Coordinator PHONE 434-6060 PAX 434-6084 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY /�/7�t FLN Number(Primary) rP 4 O 000355 Folio Number Folio Number Folio Number Approved by: Date:_ rD j . 5+ 13 Updated by:, Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 0R: 4188 PG: 0010 EXHIBIT "A" (Legal Description) Parcel One of OAKMONT PARKWAY EXTENSION, according to the plat thereof as recorded in Plat Book 21, Pages 77 and 78, of the Public Records of Collier County, Florida, less the following two parcels: 1. A portion of Parcel One of OAKMONT PARKWAY EXTENSION, according to the plat thereof as recorded in Plat Book 21, Pages 77 and 78,of the Public Records of Collier County, Florida, being more particularly described as follows: Begin at the Southwest corner of Parcel One of OAKMONT PARKWAY EXTENSION, according to the plat thereof as recorded 'rlPlat Book 21, Pages 77 and 78, of the Public Records of Collier County, Florida [- _ • =,y . ••int on the Easterly right-of-way line of Oakmont Parkway; thence ' • =-; long the Westerly boundary of said Parcel One and along ,' 1 asterly right-of-w. /in; for a distance of 14.73 feet; thence run North 89°22'21" a , -; - with the South rly •oundary of said Parcel One, fora distance of 378.10 f- to = p•- - y bou da . of said Parcel One;thence run South 00°37'39" Eas al. • ,•` -« - .aid Parcel One,fora distance of 12.50 feet to the Sow .a: m- • -i I.4�T -t •1- th-nce run South 89° 22'21" West,along the Southerl •= • • • : I O +- • mil'. ance of 385.88 feet to the g � Point of Beginning. Bearings refer to the North - • Parcel Two of • • ® .,T PARKWAY EXTENSION, according to the plat thereof a - •• .•ed in Plat B.. 4l �' ages 77 and 78, of the Public Records of Collier County, Flori• - a. f l•• z• tti 2'21" West. 2. PLAT OF FIRST NATIONAL BANK OF NAPLES, according to the plat thereof as recorded in Plat Book 25, Pages 79 and 80, of the Public Records of Collier County, Florida. 3 OR: 4188 PG: 0011 EXHIBIT "B" (Permitted Exceptions) 1. Restrictive covenants and conditions, easements affecting the insured lands (including right to create easements in the future over the insured lands), restrictions, assessments(including liens securing same)and other terms and provisions,as contained in instrument recorded in Official Records Book 825, Page 1755; amended in Official Records Book 1015, Page 1840; Official Records Book 1121, Page 1977; Official Records Book 1381, Page 298; Official Records Book 1414, Page 1135; Official Records Book 1469, Page 1364; Official Records Book 1585, Page 2335; Official Records Book 1591, Page 2269; Official Records Book 1626, Page 1714; Official Records Book 1705, Page 678; Official Records Book 1717, Page 1917; Official Records Book 1814, Page 1214; Official Records Book 1865, Page 1192; Official Records Book 1992, Page 1817; Official Records Book 2413, Page 2847;Official Records Book 2475, Page 2286;Official Records Book 2570, Page 1173; Official Records Book 2595, Page 689; Official Records Book 2667, Page 1645; Official Records Book 2767, Page 2111; Amended and Restated Declaration recorded in Official Records B.•k 938, Page 1959;Certificate of Amendment recorded in Official Records Book 12-•e ; . -rtificate of Amendment recorded in Official Records Book 3002, P:r"t7�-a7•, e ' •• ' mendment recorded in Official Records Book 3250, Page 1 • .0,signment of Ce - -'• ts, Privileges and Obligations recorded in Official Record : • • - : , "age 2056; Ce ' i - e of Amendment recorded in Official Records Book 3' 7, 'a• : :; ' sig -nt o Ce ,ain Rights, Privileges and Obligations recorded in • i ci. _i-,..4 , • .1i- - . .• 06• and Official Records Book 3496, Page 3069; Certifi :to • . m- d 1 -�. .. - :` • �icial Records Book 4000, Page _ 2433;and - . d Certificate of A .• •� _Offs _. s Book 4135, Page 729,all of the Public Records of r •unty, Florida. .� 2. Easement recorded i •,• ial Records Boo • • 0, --_a 1823,of the Public Records of Collier County, Florida. 0� �\� 3. Matters as shown on the plat • '� 0 v N.-ARKWAY EXTENSION, recorded in Plat Book 21, Pages 77 and 78, of the Public Records of Collier County, Florida. 4. Easement recorded in Official Records Book 1615, Page 1260, of the Public Records of Collier County, Florida. 5. Covenants, conditions, restrictions,easements(establishing easements or rights to create easements on the insured lands), assessments(including liens securing same)and other terms and provisions of Declaration of Protective Covenant, Conditions, Easements and Restrictions recorded in Official Records Book 1755, Page 1765, of the Public Records of Collier County, Florida. 6. Covenants, conditions, restrictions and other terms and provisions set forth in Neighborhood Covenants for a portion of Parcel One, OAKMONT PARKWAY EXTENSION, recorded in Official Records Book 2267, Page 1870,of the Public Records of 4 - *** OR: 4188 PG: 0012 *** Collier County, Florida, including without limitation provisions for the creation of certain easements on the insured lands set forth in Article IV thereof. 7. Assignment of Development Rights Within The Community Commercial District of Pelican Bay recorded January 2, 1997, in Official Records Book 2267, Page 1881, as amended in Official Records Book 2767, Page 2108,each of the Public Records of Collier County, Florida, including without limitation the building square footage provisions thereof. 8. Easement(s)granted to State of Florida Department of Transportation, recorded in Official Records Book 2419, Page 1243, of the Public Records of Collier County, Florida. 9. Resolution No. 2006-206 recorded in Official Records Book 4103, Page 3169, Public Records of Collier County, Florida. 10. Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records as of the date hereof; and the consequences of any law, ordinance or • • - • •• - tal regulation including, but not limited to, building and zoning ordinances NO, CO j k 11. Defects, liens, encumb - • ' - , adverse claims • of -r matters not known to the Grantor and not shown by e • . • .• • bu ,now to e Grantee as of the date hereof and not disclosed in rit' g •' = G tee t• the G nf•r prior to the date hereof. 12. Visible and apparen e - en • - •• r• o Td ea-ements, the existence of s. which may arise by unreco - 13. Taxes and assessme •r the year of cl• -n• ,sequent years. C 14. All matters that would b- • •t• • by a cu = j ey of the property. 5 PELICAN BAY SV-PL20130002213 REV:2 INFILAW SYSTEMS Pelican Bay Foundation, Inc. DATE:2/3/14 DUE: 2/18/14 January 27, 2014 Timothy Hancock,AICP Director of Planning Davidson Engineering, Inc. 4365 Radio Road,Suite 201 Naples, FL 34104 tim @davidsonengineering.com RE'• InfiLaw.Systems Sign Variance Petition SV-PL20130002213 Dear Mr. Hancock: On January 21,2014, the Pelican Bay Foundation Facilities Committee reviewed the requested sign variance and L.— received a detailed presentation from the applicant. The Committee forwarded a unanimous recommendation to the Pelican Bay Foundation Board to 'not oppose'the sign variance application. On January 24, 2014,the Pelican Bay Foundation Board met and considered the variance application as well as the $ recommendation from the Facilities Committee. Recognizing that the request was consistent with the quality and character of existing signage on commercial hi-rise buildings in Pelican Bay and based on the unique application of the elements of this petition,specifically that the additional sign would face existing commercial zoning to the South and would not directly face a residential area,the Foundation Board unanimously approved a motion,stating'no objection' to the requested sign variance. Si leiely, ) fge Co enants• Fo ndation IIt 4;;;;:c MY OONNAMI% 5 �5`-•4•Y� E uPitlliic Unde deer Cc: Larry Pronovost,AIA, the InfiLaw System s r a'd'd Jim Hoppensteadt, Pelican Bay Foundation, President/COO Nancy Gundlach, Principal Planner, Collier County Growth Management Division Pelican Bay Foundation, Inc. • 6251 Pelican Bay Boulevard • Naples, Florida 34108 (239) 597-8081 • (239) 597-6802 FAX • E-Mail: memberservices@pelicanbay.org �_._��w_�..w w _. ..,.�..�. �•. Attachment A Tim Hancock From: Frank Laney <flaney @pelicanbay.org> Sent: Thursday,January 30, 2014 2:54 PM To: Tim Hancock Cc: 'Larry Pronovost';Jessica Harrelson Subject: RE:Infilaw Systems Tim, In case illumination pops up as an issue, it will be addressed in the permit approval to Diana Compagnone, Collier County Sign Department. I believe once a variance is approved it would still pass thru her office. If you have any other suggestions they are most welcome. The InfiLaw System's addition of a third on-building sign in a manner consistent with the two existing signs at the top of the American Momentum Bank Center building has been reviewed for aesthetics as required by the Second Amended& Restated Declaration& General Protective Covenants for Pelican Bay. The proposed and revised October 14,2013,sign plan, EXHIBIT P2 by Riggins Associates, Filename 1949-R3-InfiLaw- Naples FL, Drawing 1949, indicates the use of"Reverse Illuminated Channel Letters"but your Petition cover letter, October 21, 2013 states "the sign will not be illuminated."My understanding is the intent is to be consistent with the existing on-building signs and have reverse illumination. Please accept this correspondence and attachments as our approval to proceed with this project. Sincerely, read From: Tim Hancock[mailto:Tim @davidsonengineering.com] Sent: Thursday, January 30, 2014 10:10 AM To: Frank Laney Cc: 'Larry Pronovost; Jessica Harrelson Subject: RE: Infilaw Systems Frank, Bad timing for a Field Inspection! In the letter you provided,you note that the sign will not be illuminated. While not directly illuminated, the plans show that the sign will have reverse illumination (see attached Page 3iof 4, Drawing No. 1949-attached). This drawing was contained in our variance application. Reverse illumination.proyides a soft glow in the background of the sign and is the preferred option to direct illumination from an aesthetic standpoint. Can you revise your letter, including the language I previously sent? If you have any questions, please do not hesitate to contact me directly. Tim Hancock,AICP Director of Planning 1 TAC HOLDINGS, L.P. One Momentum Boulevard,Suite 1000 College Station, Texas 77845 TELEPHONE 979/776-1111 Sv-PL20130002213 REV:2 • TELECOPIER 979/776-6287 INFRAW SYSTEMS DATE:2/3/14 November 13, 2013 DOE: 2/18/14 Larry Pronovost, MA The InfiLaw System 1100 5th Avenue South Naples, FL 34102 RE: American Momentum Center @ Pelican Bay 8625 Tamiami Trail North,Naples, Collier County, Florida 34108 - Dear Mr. Pronovost: Please acodpt this letter as authorization by TAC Holdings, L.P. for Infilaw Corporation to install-signage on the top of our building located at 8625 Tamiami Trail in Naples. Please do not hesitate to contact me if you have any questions or need any additional information concerning this matter. Respectfully yours, TAC Holdings, L.P. Joel C. Ross General Counsel STATE OF TEXAS § COUNTY OF BRAZOS § The foregoing instrument was certified and subscribed before me this /3 day of November, 2013, by Joel C. Ross,who is personally known to me. ;: DONNA FIELD 1/1'1 1. 4/ MY COMMISSION F� t EXPIRES Notary Public, State of Texas • DE DAVIDSON ENGINEF RING NATURE OF PETITION RESPONSES ATTACHMENT "A" Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to 10'; why encroachment is necessary; how existing encroachment came to be; etc. Response: This variance seeks relief from LDC Sec. 5.06.04 F.4.f, where multiple- occupancy parcels have double frontage on public rights-of-way shall be allowed two wall signs on separate wall facades. This request is to increase the number ofpermitted wall signs from two (2) to three (3), allowing for the addition of one (1) sign on the southern facade. Existing wall signs are present on the eastern and northern facades. 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Response: The subject building is on a multiple-occupancy parcel located among other commercial properties along the U.S. 41 Tamiami Trail N. corridor. The property is only adjacent to residential development along its western boundary where Oakmont Parkway Extension and significant vegetation act as visual screening to those residents. The building as designed, has limited wall space for the placement of on-building signage, therefore reducing the available sign face area to less than what is allowed by code for each facade. In 2010, a sign variance (Res. 10-126) was approved permitting the placement of an additional ground sign closer than 1,000 feet from another on the same parcel due in equal parts to the primary access being located on Oakmont Parkway Extension and the property being less than 1,000 feet in width (the primary monument sign to be located along the U.S. 41 Tamiami Trail N. corridor). These circumstances, along with the fact that there was no building signage along any of the western facades of the building, were instrumental to permitting the secondary monument sign at the property's access on Oakmont Parkway Extension. These signs however are insufficient in size and location to provide sufficient signage along the US 41 frontage. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. InfiLa ■ Sign Variance:Attachment A— 1 Nature of Petition Responses October 2013 www.davidsonengineering.com A DE DAVI PF11 FNGINFFAING Response: The existing signage present on the north and east facades (as illustrated in Ex. E — E2) have been previously permitted and serve a separate tenant in the building. Changing ownership and leasing conditions over time have served to increase the need for different signage. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Response: Yes. The Infilaw System will occupy ±18,000 square feet of a ±49,000 building. The Infilaw System currently employs 44 people and is re-locating in order to accommodate an expansion of their work force. Adequate signage is a key to their future growth and increased presence in Collier County. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Response: Yes. The variance requested will allow the applicant signage over the main entrance to their leased office space. No other wall signs would be required. The sign will provide clear visibility for northbound traffic on Tamiami Trail N. while maintaining the architectural integrity of the existing building. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Response:No. This building is unique with regard to location, access and design. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Response: Yes. The granting of this variance will not have a negative effect on neighboring properties. As stated previously, the subject building and property are surrounded by commercial development on three sides. The addition of the proposed sign will also not create a visual impediment to the residential community to the west, as it will be facing south. Additionally, the subject building is 5-stories and has a floor area ± 49,500 square feet. The LDC recognizes for businesses with large floor areas that additional signage is permitted that does not to exceed allowable display area. In this case, the applicant's proposed sign (81.41 square feet) coupled with the existing wall signs (232.86 square feet) would not exceed the 20% of total visual facade square footage present as defined in LDC Sec. 5.06.04 F.4.a 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course,etc. InfiLaw Sign Variance:Attachment A— 2 Nature of Petition Responses October 2013 www.davidsonengineering.com DE �\ PAYL FRIN•G Response: The proposed sign will utilize Duranodic bronze lettering, matching the existing signage and will complement the look and feel of the building. 8. Will granting the variance be consistent with the Growth Management Plan? Response: Yes. Granting the sign would directly further the portion of Objective 4 that promotes economic development. The granting of the proposed sign variance would permit InfiLaw to secure space for future growth of the Company in a manner that is consistent with the high quality environment of the surrounding area.4321 InfiLaw Sign Variance:Attachment A— 3 Nature of Petition Responses October 2013 www.davidsonengineering.com �VANDER81 _u ,y . '-ice.$ - ��-,E L� t H ROAD „� = - ; • 1 inch 300 feet Wr i e. 4. 3 ,. . - : r I I , T •,, k at `4 l ;1 ,_ J III .,t.1 111•. _ .' ` icy- _I: `-1-°II :. ; 4 7� 0 ' '1. .ice i � '` 'l . 1 I LLI �+ '• Ail 4� a ! 4 .iiiit.ji _.,. # - t ; ' '..-It '''',3 Z '.14 . .:. ' -. v F r AR i" , , A :-Ni.:W A • 43 la • litt. 4V-) 1 •,- = .--;;;-‘ - • -• - —t `L ''` . - ' , '''''''t, f 11 7- ' ' *- 14, I * 1 VII F I s , i . . le ,:.•..... __ __ ,. , - ..,„,,,,,,,ots... wivel ilia* G BAY BOULEVARD1 �� f, , - +. r i. ... - �t c . -LW.•i . Ar-- A.t , s ;, � ' q V LEGEND *:- r , _ SUBJECT PROPERTY! . , }• ■r�r .VW 4,,. • .S ,„IlliR 4. k'- .a`.�.�.... ter*•;" _ :.i DEDAVIDSON ENGINEERING,INC. 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