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Agenda 04/14/2009 Item #17D Agenda Item No. 170 I\pril 14, 2009 Page 1 of 35 EXECUTIVE SUMMARY SV-2008.AR-13960 Port of the Islands Commnnity Improvement District, represented by Robert L, Dnane, AICP, of Hole Montes, Inc., is requesting a Sign Variance from LDC Snbsection 5.06.04 C.16.b.i., which allows a maximnm sign area of 12 square feet, to allow an 18-square foot off-premise sign at the Port of the Islands in the median of Cay's Drive (south of U. S. 41). The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U. S. 41) and Cay's Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced Sign Variance petition and render a decision pursuant to Section 5.06.00 of the Land Devclopment Code (LDC) in order to ensure that the project is in harmony with all applicable codes and regulations and that the community's interests are maintained, CONSIDERA nONS: The sign variance is for a proposed on:premise directional sign that is to be located in the median ofthe Cay's Drive where it intersects with Tamiami Trail East (U,S, 41) as depicted on the map and plan on the proceeding pages. This variance is one of three different sign variance requests for the Port of the Islands, an approximately 40 year old community that is located approximately 12 miles east of the urban area in Collier County. The proposed sign will identify the southem portion of the Port of the Islands, a residential and commercial waterfront community located in the remote area of eastem Collier County. The sign will contain the community logo for the Port of the Islands and a street name for Cays Drive. The subject sign is proposed to be 6 square feet larger than the maximum LDC preseribed sign, The requested sign variance is from Collier County Land Development Code (LDC) Subsection 5.06.04 C.16.b.i, which allows a maximum sign area of 12 square fect for an oft:premise directional sign to allow a I H square foot off-premise sign. FISCAL IMPACT: Approval of this Sign Variance petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN ((;MP) IMPACT: - Future Land Use Element (FLUE): The subject property is located in the Urban Mixed Use Residential Land Use Designation 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 site is consistent with the Future I,and Use Map. Page 1 of 4 AGenda item 1'~o. 17D ~L\pril 1"'-1-. 20(19 Pa;182 of 35 Based upon the above analysis, statf 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. AFFORDABLE HOUSING IMPACT: Approval of this Sign Variance would have no atfordable housing impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Sign Variance. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council does not normally hear Variance petitions and did not hear this one. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition SV-2008-AR-13960 on February 19,2009, and by a vote of 8-0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. Allow the option of a pole sign or a monument sign. 2. The sign could be up to 18 square feet. As Staff proceeded to make the stipulated revisions to the resolution, it came to Staffs attention that the request to allow the option of a pole sign or a monument sign can not be added to the resolution as the LDC (Land Development Code) does not grant this flexibility. Regarding the the second request, the language has been incorporated into the resolution. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: The Petitioner is requesting a Sign Variance to allow an 18-square toot sign for Port of the Island Community Improvement District. The granting of such a Variance is pemlitted under LDC 99.04.02. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. Decisions regarding Varianees are quasi-judicial. As such this item requires ex parte disclosure. and all testimony given must be under oath. The Petitioner has the burden to prove that the proposed Variance is consistent with all the criteria set forth below, and you may question Petitioner, or statf. to satisfy yourself that the necessary criteria have been satisfied. LDC Section 9'(l4.02.A requires that "based upon the evidence given in public hearing; and the findings of the Planning Commission" you "should determine to the maximum Page 2 of4 Ag!.::nda Item No" 17D Ap:"ti 14: 20C!9 ~'c;ge 3 0; 25 extent possible if the granting of the Variance will diminish or otherwise have a detrimental effect on the public interest, safety or wel1are." Should you consider denying the Variance, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Approval 0 f this request requires three affirmative votes of the Board (majority vote). In granting a Sign Variance, the Board of Zoning Appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity v'lith the zoning code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of the zoning code. 2. A reasonable time limit within which the action for which the Variance required shall be begun or completed or both. Criteria for Si!!n Variances 1. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. 2. There are 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. 3. A literal interpretation of the provisions of the LOC work an unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. The Variance, if granted, will 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. 5. Granting the Variance requested will not 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. 6. Granting the Variance will be in harmony with the intent and purpose of the LOC, and not be injurious to thc neighborhood, or otherwise detrimental to the public welfare. 7. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. 8. Granting the Variance will be consistent with the GMP. The proposed Resolution was prepared by the County Attorney's Onice and is legally sufficient for Board action. --STW Page 3 of 4 :tem t'h. 170 t\pri! 14, 2009 Pa~je -1 of 35 RECOMMENDA TlON: Staff recommends that the Board of Zoning Appeals approve the request for SY-2008-AR-13960 for a variance to allow an off-premise sign with a maximum area of 18 square feet, as depicted in the attached resolution. PREPARED BY: Nancy Gundlach, Principal Planner Department of Zoning & I ,and Development Review Page 4 of4 Item Number: Item Summary: Meeting Date: Page I of2 Aqenda Item No. 170 , April 14, 2009 Page 5 of 35 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17D This Item reqUires that all participants be sworn In and ex parte disclosure be provided by Commission members. Petition SV-2008-AR-13960 Port of the Islands Community Improvement District represented by Robert L, Duane, AICP, of Hole Montes, Inc_ is requesting a Sign Variance from LDC Subsection 5,06.04 C.16_bi., which allows a maximum sign area of 12 square feet, to allow an i8-square foot off-premise Sign at the Port of the Islands in the median of Cays Drive (south of U, S_ 41) 18 S,F. in area with sign copy and logo desig~ation the Port of the islands Cays Drive, The subject property is located In the Pon of the Islands at the Intersection of Tamlami Tral! East (U S. 41) and Cays Drive in Section 9, Township 52 South, Range 28 East, Collier County. Florida. (CTS) 4/14/20099:00.00 AM Prepared By Nancy Gundlach Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 3119120095:36:19 PM Approved By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 31201200910:23 AM A pproved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 3124120092:58 PM Approved By Judy Puig Community Development & Environmental Services Operations Analy~t Community Development & Environmental Services Admin. Date 3/24.'20093:04 PM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 3127120091:23 PM Approved By Steven Williams Attorney's Office Assistant County Attorney Date Attorney's Office 3/3012009 11 :06 AM A pproved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Tran5portation Services Admin. 3!31/2009 1:21 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4i1!2009 2:51 PM A pprovcd By Susan Istenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Page 2 of 2 t"qenda Item No. 17D ~ t:eri! 14~ 2099 r'age b of ..::.5 Approved By OMS Coordinator County Manager's Office Zoning & Land Development Review 4/1i2009 4:31 PM Approved By Mark Isackson County Manager's Office OMB Coordinator Date Approved By Leo E. Ochs, Jr. Board of County Commissioners Office of Management & Budget 4/2/20099,19 AM Budget AO<llyst Date Office of Management & Budget 41212009 2,09 PM Deputy County Manager Date County Manager's Office 41212009 6,36 PM A<3IJ:<NIlii\IIl'/lB1'l'l<9-D'D April 14, 2009 Page 7 of 35 Co~:r Cou.nty ~ '......-- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM; DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 19,2009 SUBJECT: PETITION SV-2008-AR-I3960, PORT OF THE ISLANDS SOUTH (CAYS DRIVE) PROPERTY OWNER/AGENT: Applicant: Severn Trent Services Port of the Islands Community Development District 5726 Corporation Circle Fort Myers, FL 33905 Agent: Mr. Robert 1. Duane, AICP Hole Montes, Inc 950 Encore Way Naples, FL 34110 REOUESTED ACTION: The applicant is requesting a Variance of 6 square feet from the maximum 12 square-foot area for an off-premise directional sign, as allowed in Section 5.06.00 of the Land Development Code (LDC), to pennit an off-premise directional sign having an approximately 18 square-foot area. GEOGRAPIDC LOCATION: The subject property where the sign is to be located, Cays Drive, is located on the south side of U.S. 41 in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (See the location map on the following page.) PURPOSEIDESCRIPTION OF PROJECT: The sign variance is for a proposed off-premise directional sign that is to be located in the median of the Cay's Drive where it intersects with Tamiami Trail East (U.S, 41) as depicted on the map and plan on the proceeding pages. This variance is one of three different sign variance requests for the Port of the Islands, an approximately 40 year old community that is located approximately 12 miles east of the urban area in Collier County. The proposed sign will identify the southern portion of the Port of the Islands, a residential a'ld commercial waterfront community located in the remote area of eastern Page 1 of 8 QO'"JLD r--O("') _0...... ..N :) o 'OJ Z~:D r _ 0> r-._ m ill D-cL ==<( <1l V C Q) 0> <( , ~ 0 m 0 '" c: ;1 0' -~I ~I i:: 1: H @ ~ ~I ~ ~ to ~ 0.. <( ~ Z 0 - I- <( 0 0 ...J1 ~ "' , , Z() 0", ()() <( ~ "' , , z() 0", ()() <( '" ... "' .. 0.. <( ~ o z z o N ; J . , .. j , I ... , ! "' ! . '" i i . .,....;.'TlV.."" """"0""" ~I -..-,-...... ~ - I ~ ~ , oo~ ! I I ~ I I '" .. . U I I I "'-' I - ~ ~ '" ~ "' , () "' () <( .. , () '" () <( .. J"lI':J5'"U'''! ~ ~ \ I -t-~-,s- / I ~' j J I : co ~Z ()O ~- ~!< 00 ff:g -I " ~ , 1 ~ ~ , v V, ~ g l~6 .~f:) <;L-I / pCO ,s. 0' '- ------ \-- 0~ i::~ n, om'" N iZ ,,-OM 0_ . --C\l 0 0 ~'Q) -~ (l> E:c: ~ Z (l> 0.0. ==<( ro I- '0 <: (l> 0) - <( OJ - I >< I W --'\ ) ./ I -T , "- --- ._~ , , , ., ", ", u' , ~, -, , , , , /-'--~--"'" ' , , .. 0 "....... Z ...... :J '<t 0 CD t- V') V) w . '" ::::> '---'" 0 (j) 0:: . V') / / \ i o Z :J o CD t- V) <C w <Xl .0 0 ~ 0 N ~ ~ I 0 f") () ~ r \ 0 II ...J , :::::> , - ..., , 0 ~ N U w <C I- en 0 I- ~ w .. - ~ .. ~'-'--'----- U 0 . <l: i~i--- ~ ~ ~(-l:::. -----.3^I~fo ,S_^ 'iJ- N~S'- - ~ U . <l: Oen .q-I- w V1 ,/ I ::--1 .. .,; 2 o '" ci .,; >- < '" I "- 91 ~I 1< I ~ 5 001 ... '" a; u '" '" ;;; ~ '" <= '" <IJ '0 ~ en 11 o !~-::'iTi !~<J. 170 ~4, 2009 Page 10 of 55 Collier County. The sign will contain the community logo for the Port of the Islands and a street name for Cays Drive. The subject sign is proposed to be 6 square feet larger than the maximum LDC prescribed sign. The requested sign variance is from Collier County Land Development Code (LDC) Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 18", square foot off-premise sign. AERIAL PHOTO SURROUNDING LAND USE AND ZONING: North: U.S. 41, a 200-foot wide right-of-way, Union Drive right-of -way and North Port Bay Planned Unit Development (PUD). East: Vacant, undeveloped land with a zoning designation of Commercial (C-4) South: The Cay's Phase II, a multi-family residential development with a zoning designation of RMF-16 \" cst: \lu^an+ "......rlcouoIO.....orll"'.....rt nr~+h '" 7"n;.....n ,-l""C';nn'l+;"..... Af'I'AmYY'lprf>;-::.l II'_Ll.) y '" .11.., ....u.y'" ''''.I p......... L.......L..... ...~....... L..'.HLLU6 ...."'..HtJ.......U'--'LL '--'L '-''--'' .....u........L....L \"-' 'J Page 4 of B ~- !\g::::nda It2m t>.Jo. 17D .L\pril 14. 2GCl9 Page 11 of 35 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use Residential Land Use Designation 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 site is consistent with the Future Land Use Map. 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: Section 9.04.00 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Collier County Planning Commission (CCPe) is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H as general guidelines to assist in making a recommendation. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The Port of the Islands is an approximately 40 year old community containing residential development and undeveloped commercial development. Furthermore, the community is remotely located in an area that is approximately 12 miles east of the urban area of Collier County. b. 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? Yes. As previously stated, the residential and commercial waterfront community on the south side of U.S. 41 in the Port of the Islands is remotely located. In addition, portions of this community are not visible to the visitor's and guests traveling along U.S. 41. c. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. The applicant contends the signage is needed to create visibility for the motoring public along U.S. 41. If a literal interpretation of the LDC provision is applied, the sign would be limited to the LDC prescribed area of 12 square feet, instead of the requested 18010 square feet. d. 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 and welfare? Page 5 of 8 ,A,genda Item No. 170 April 14, 2009 Page 12 of 25 The purpose of the requested sign variance is to allow a larger than LDC prescribed sign of 12 square feet. The size of the requested sign, 18", square feet, is reasonable given the remote location of the Port of the Islands development on a major arterial road such as U.S. 41. It is important to note that many signs identifying residential subdivisions such as this can be as large as 64-square feet, because the on-premise sign provisions can be applied. e, Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures iu the same zoning district? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. The granting of this Variance request would allow the proposed sign to have an additional 6 square feet of sign area, or 18", square feet, thereby conferring on the applicant a special privilege. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Section 5.06.0I.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs are: I. Compatible with their surroundings; 2. Desib'lled, 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 staffs opinion, the requested off-premises sign advances all of these objectives. Therefore, approval of the Variance would be consistent with the purpose and intent of the LDC. g. Are tbere natural conditions or pbysically induced conditions tbat ameliorate tbe goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. There are no natural or nhvsicallv induced conditions that ameliorate the !!oals and r.. .. - objectives of the regulation. b. Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this Variance petition would be consistent with the GMP since it would not affect or change any of the GMP's requirements. Page 6 of 8 Aaenda Item No. 170 . .April 14, 2009 Page 13 of 35 EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear Variance petitions and did not hear this one. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SV- 2008-AR-13960, Port of the Islands North (Cays Drive) to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions of approval: I. The off-premise sign size shall be limited to no greater than 18 square feet. Page 7 of8 PREPARED BY: L CH, AICP, PRINCIPAL PLANNER NT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: jt-~ 7, uYU.; - hr HEIDI ASHTON-CICKO ASSISTANT COUNTY ATTORNEY . , (~j U ~ Iit~ RA YM V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ '-1f;.~~ SUs'AN M, ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: EPH K. SCHMITT, ADMINISTRATOR C MMUNITY DEVELOPMENT & ENVIRONMENTAL RVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: j\ I ' "i I f I , '" Cl.l \ ( ,I \. iJ:.< MARKP. STRAIN, CHAIRMAN Attachment I: Port of the Islands Development Plan Ag:::nda Item No. 170 April 14.2009 Page 14 of 35 \)av\, Q3:W) DATE .2' '(.Ocr DATE i/Z-~ /'J1 ! DATE 2/3/09 DATE ~/-f~'I , ( DATE z~/q -01 DATE Tentatively scheduled for the April 14, 2009 Board of County Commissioners Meeting. Page 8 of 8 IHM HOLE MONTES ENGINEERS. PlANNERS. SURVEYORS L\NDSCi'J'E ARCHITECTURE 950 Encore Way' Naples, Florida 34110. Phone: 239.254.2000' Fax: 239.2542099 I') ',. .~h Aaenda Iterfr'Nb."1'f1.J ',\pril 14. 2009 Page 15 of 35 Revised January 7,2009 November 6, 2008 Nancy Gundlach, AICP, Principal Planner Collier County Government Community Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Port of the Islands - Sign Variance Petition Application Cays Drive, South ofU,S. 41 HM File No,: 2008.001 Dear Ms. Gundlach: Enclosed are twelve (12) copies of an application for a variance to allow an offsile premises sign at the Port of the Islands. An application fee in the amount of $3,] 23.00 is enclosed to process the petition. The subject property is located in Section 9 North, Township 52 South, and Range 28 East. The pre-application meeting notes from tlle March 19,2008 pre-application meeting are attached. BACKGROUND . This request is for a sign in the median of Cays Drive (south of U.S. 41) 18 square feet in area with sign copy and logo designating the Port of the Islands Cay's Drive (see Exhibit No.2). The property abutting the road is zoned C-4 commercial. Exhibit No. 3 is an aerial depicting the location of the subject of this varianee request and surrounding property information. EV ALVA nON CRITERIA The criteria of LDC Section 5.06.04 C.] 6, pertaining to off-premises directional signs, is evaluated for the proposed Cays Drive offsite premises sign followed by an analysis of the criteria in the sign variance petition pursuant to LDC Section 9.04.00. The following analysis is for a proposed offsite premises sign within the median located on Cays Drive for a 3' x 6' or ] 8 square foot double-sided sign (See Exhibit No.2). H:\2Q08\200800I\WP\RLD\Variance Pelltion SOUlh ofUS4J\CllYS Drive\Resubminal\Rcvised NG app cover lu Cays Dr sign doc Naples' For! Myers' Venice .' " Re: Port ofthe Islands - Sign Variance Petition Cays Drive, South of U.S. 41 HM File No.: 2008.001 Page 2 ,L,genda lif;m No. i 7D /\prii 14, 2J09 PCl9'2 16 of 35 Proposed offsite oremises sign - Cavs Drive A_ LDC Section 5,06.04 C.l6. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager or hislher designee if the following la-d) requirements are met. B. LDC Section 5.06.04 C16.a. Off-premises directional signs shall only be permitted in non-residentially zoned or agricultural districts, The subject propcrty is located on property zoned C-4; therefore, a variance is not rcquested to this scction. C. LDC Section 5.06.04 C.16,b. No more than two one-sided or one double-sided off-premise directional signs shall be permitted, identitYing the location and nature of a building, structure, or use which is not visible from the arterial roadway serving such building, structure, or uses, provided. One double sided offsite premise directional sign is proposed to identify Cays Drive along with the logo for the Port of the Islands. A variance is not needed for this criterion. D, LDC Section 5,06.04 C.16.b.i. Each sign is not more than 12 square feet in area, The proposed sign is 18 square feet in area that is somewhat larger than the maximum size of ] 2 square feet (see attached Exhibit No.2). The offsite premise sign designating Cays Drive and the Port of the Islands is smaller than the ground or wall sign not to exceed a combined area of 64 square feet, found at the entrance of many residential developments notwithstanding that there is more than one entrance to the Port of the Islands which includes communities to the north and south sides of U.S. 4] and lands along Cays Drive on the south side of US 4 I is zoned C-4. Therefore, the proposed size of] 8 square feet at the entrance to Cays Drive is not out of scale or character with the neighborhood for its intended purpose. E. LDC Section 5.06.04 C.16.b.ii. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. The proposed offsite directional sign will only be three feet in height above the typical elevation of U.S. 41 at this location that is 7.5 feet. A variance to this requirement, therefore, is up.....'1eCeSS3r'J. F, LDC Section 5.06.04 C.16.b.iiL The sign is located no closer than 10 feet to any property line. !-1:11008\2008001\WP\RLD\Variance Pelrlioo South ofUS41\Cays Drive\Resubmlltal\Reviscd NG app cover Ilr Cays Dr sign,doc " Re: Port ofthe Islands - Sign Variance Petition Cays Drive, South of U.S. 41 HM File No.: 2008.001 Page 3 Agenda Item No. 17D April 14, 2009 Page 17 of 35 The proposed sign is locatcd no c10scr than 10 feet to any propcrty line (see attached Exhibit No.2). G. LDC Section 5,06.04 C.16,b.iv. The applicant must submit with the permit application notarized, written permission from the property owner where the off-site sign is located. An Affidavit granting permission by the property owner for the sign to be located in thc median of Cays Drive is attached. H, LDC Section 5.06.04 C.16.b,v, The sign shall only be located within 1,000 feet of the intersection of tbe arterial roadway serving tbe building, structure, or use. The proposed sign will be located in close proximity to U.S. 41. Therefore, a variance is not required to this section because it is less than 1,000 feet from the interscction of the arterial roadway serving this portion of the Port of the Islands off of Cays Drive which is U.S. 41. L LDC Section 5,06,04 C.16.c. Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. The proposed offsite directional sign will not be located closer than 50 feet from residentially zoned property. The nearest residentially zoned property is located approximately 300 feet to the south on U.S. 41. However, residential zoned property is located on the north side of U.S. 41 +/- 200 fcct from the proposcd sign. Therefore, a variance is not necded to this LDC Section. J. LDC Section 5.06.04 C.16.d. Off-premises directional signs shall not be located closer than 100 feet from another off-premises directional sign, Thc proposed offsite premises sign will not be located closer than 100 feet from another off premises directional sign, but it is in proximity to a proposed offsite premise sign at the intersection of Union Drive and U.S. 4] which is a companion petition to this proposed request, and is +/- 200 feet away from the proposed sign on Cays Drive. In summary, based on the foregoing a variance is required to LDC Section 5.06.04 C.] 6.b.i, to increase the size from 12 square feet to 18 square feet in area. The impact of the proposed sign in and of itself is minimal, and would be a convenience to the motoring public to help them identify the location of the Port of the Islands. The following are the applicable criteria in LDC Section 9.04.00 for suPport of the] 8 square fool offsite premise sign on Cays Drive. I. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. H\2008\lOO800I\WP\Rl.D\Var;ance Petition South of LJS4J\Cuys DrivclRcsubminal\Revised NG appcover It, Cays Dr sign doc Re: Port of the Islands - Sign Variance Petition Cays Drive, South of U.S. 41 HM File No.: 2008.00] Page 4 .\;;enc:a item ~~o. 17D '1pril14, 2009 Page 13 of 35 The special condition is a convenience to the motoring public to make them aware of the location of Cays Drive and the Port of the Islands. 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. There are no special conditions or circumstances which do not result from the action of the applicant. 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. The variance request is a convenience to the motoring public 10 make them bellcr aware of the location of Cays Drive and the location of Port of the Islands. Failure to approve the request would only create difficulties on providing identification of the Port of the Islands to visitors and guests. 4. Will the variance, if granted, be the mlDlmum variance that will make possible the reasonable use of the land, huilding or structure and which promote standards of health, safety or welfare. The proposed 18 square foot sign is only somewhat larger than the allowed 12 square foot offsite premise sign and will not be detrimental to the public health, safety or welfare, and promotes a reasonable use of land. S. 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. The approval of the variance would confer a special privilege because it exceeds Ihe minimum size of 12 square fool to allow and 18 square foot sign. (See Exhibit No.2) 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 othenvise detrimental to the public welfare. The proposed request will not be injurious to the neighborhood or otherwise detrimental to the public welfare, as it is not uncommon to find signs the size of the proposed sign at an entrance to a residential development notwithstanding the unique nature of the Port of the Islands. 1I:\200S\200800)\WP\RLD\Variancc PClition South ofUS41\Cays Drj....e\Rcsubmittal\Revised NG appco....er hr Cays Dr signdoc Re: Port of the Islands - Sign Variance Petition Cays Drive, South of U.S. 41 HM File No.: 2008.001 Page 5 Agenda Item No. 17D April 14, 2009 Page 19 of 35 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. There are no natural conditions that would ameliorate the goals and objectives of the regulations. 8, Will granting the variance be consistent with the growth management plan, The granting of the variance will be consistent with the growth management plan. Thank you for your consideration in this matter and if I can provide you any additional information, please do not hesitate to contact me. Sincerely, HOLE MONTES, INC. /UA~ Robert L. Duane, A.l.C.P. Planning Director RLD/jle Enclosures as noted. cc: Calvin Teague w/enclosures Daniel H. Cox, Esq. w/enclosures Ron Benson, Ph.D., P.E. w/enclosures H:\2008\200800J\WP\RLD\Variancc Petitioll South ofUS4J\Ca}'s Drive\Resubmittal\Re\'ised NG appcover IIr Cays Or srgndoc / I\genda Item No. 170 April 14, 2009 Page 20 of 35 Re: Port of the Islands - Sign Variance Petition Cays Drive, South of U.S. 41 HM Filc No.: 2008.001 Page 6 We are enclosing the following: . Twelve (12) copies of cover letter outlining the requested variance Twelve (12) copies of Completed Application One (1) original of Owner! Agent Affidavit, signed and notarized Twelve (12) copies of the Pre-Application Meeting Notes Twelve (] 2) copies of Surveyor Site Plan (Exhibit No.2) of property depicting the following: o All property boundaries & dimensions o North arrow, date and scale of drawing o All existing and proposed signs - (labeled as such) o Existing sign setbacks & proposed sign setbacks One (I) copy of Location map (ExhibitNo. 3) depicting major streets in area One (I) check for review and legal advertising fees One (]) CD containing all documents in Word fonnat and plans . . . . . . . H\2008\2008001\WP\RLDWariallce PClition South ofUS41\Cays DrivMesubminal\Reviscd NG appcover Ilr Cays Dr sign doc .' Agenda item No. 170 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE April 14, 2009 DEPT, OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 Page 21 of 35 WWW.COLLlERGOV.NET (239) 403-2400 FAX (239) 643-6968 (i) '0.'. . .... SIGN VARIANCE PEnnON LOC Sectiol'l 9.04.00 . . PETITION NUMBER (AR) I I PROJECT NAME PROJECT NUMBER For S foff Use DATE PROCESSED COORDINATING PLANNER ABOVE TO BE COMPLETED BY STAFF I .",y . APPUCANT I OWNER INFORMATION I PETITIONER'S NAME: PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT, c/o SEVERN TRENT SERVICES ADDRESS S726 CORPORATION CIRCLE City FT. MYERS State FL Zip 33905 PHONE# 239-694.5357 CELL# FAX # 239.694-5357 E.MAIL ADDRESS: AGENT: ROBERT L. DUANE, AJ.C.P, FIRM: HOLE MONTES, INC. ADDRESS 950 ENCORE WAY City NAPLES State FL Zip 34110 PHONE# 239.254-2000 CELL# FAX # 239.254.2099 E-MAIL ADDRESS: bobduone@hmeng.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations~ LEGAL DESCRIPTION OF SUBJECT PROPERTY t\genda item No. 170 April 14, 2009 Pa e 22 f 35 SECTlONjTOWNSHIP /RANGE: 09 /52 /28 PROPERTY LD.# 68300001301, Cays Drive SUBDIVISION NAME: PORT OF THE ISLANDS PHASE" ICays Dr.) UNIT BLOCK lOT METES & BOUNDS DESCRIPTION: ADDRESS OF SIGN LOCATION: Cays Drive CURRENT ZONING: C-4 LAND USE OF SUBJECT PARCEL: Right-ol-way medion Length & Height of wall upon which the Sign will be secured: (II Wol/S;gn) Width of Subject Property: Rooel Fron'age) 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, j,e. reduce setback from 15' to 10'. why encroachment is necessary; how existing encroachmenl came to be; etc. See cover letter. Please note thot stoff and the Collier County Planning Commission sholl be guided in their recommendation to the Boord of zoning Appeals, and thot the Boord of zoning appeals sholl be guided in its determination to approve or deny 0 variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which ore peculiar to the locotion, size and characteristics of the lond, structure, or building involved. See coveT letter. 2. Are there special conditions and circumstances which do not result from the action of the applicant such os pre-existing conditions relative to the property which is the subject of the variance request. See cover letter. 3. Will a literal interpretation of the provisions of this. zoning code work unnecessary and undue hardship on the applicant or create practicol difficulties on the applicant. See cover Iener. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building Of ~fructure and which promote standards of health, safety or welfare. See cover letter. 5. Will granting the variance requested confer on the petitioner ony special privilege thot is denied by these zoning regulations to other lands, buildings, or structures in the some zoning district. See cover lcncr. 6. Agenda item No. 17D W'II . h . b' h .th th . t t d f tho . d d Alyil 14 2009 I grantrng t e vanance e tn ormony WI e 10 en on purpose 0 IS zomng co e, on nop2fge 23 of 35 injurious to the neighborhood, or otherwise detrimental to the public welfare. See cover lener. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such os natural preserves, lakes, golf course, elc. See cover letter. 8. Will granting the variance be consistent with the growth management pion. See cover Jetter. " " ,6,oenda It8m No. 17D " April 14, 2009 Page 24 of 35 SIGN VARIANCE PETITION (SV) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION, NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. .-...- REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Completed Application 12 ~ 0 Completed Owner/Agent Affidavit, Notarized 1 i:8J 0 Pre-application notes/minutes 12 i:8J 0 Surveyor Site Plan of property depicting the 12 i:8J 0 following: a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs-(Iabeled as such) d) Existing sign setbacks & proposed sign setbacks Location map depicting major streets in area for 1 i:8J 0 reference Fees: Application Fee = $2000.00 Legal Advertising Fee for BCC = $363,00 Legal Advertising Fee for CCPC = $760.00 Checks shall be made payable to: "Collier County Board of County Commissioners" As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. ] understand that failure to include all necessary submittal infonnation may result in the delay of process this petition. ,~ <<:kA____ Applicant/Agent Signature N61/ '7/'2L> coP Date Agenda Item No. 17D April 14, 2009 Page 25 of 35 Affidavit Know all people by these presents that the Port of the Islands Community Improvement District, by Dale Lambert, Chairman of the Board of Supervisors, owner of a certain parcel of land located in Port of the Islands, on Cays Drive, south of US 41, Folio No.: 68300001301 and in conjunction with a Sign Variance Petition application, does hereby grant permission for a sign to be located in the median of Cays Drive, as depicted on Exhibit NO.2 of the Sign Variance Petition application, ~~~~ By: Dale Lambert '\ Title: Chairman of the Board of Supervisors For: Port of the Islands Community Improvement District STATE OF FLORIDA ) ) s.s. COUNTY OF COLLIER ) .o"~'~~ CALVlNTEAIlUE ~. , MYCOMMISSIONIDD6t5804 . . EXPIRES: Nov'- 19, 2010 "''i-'tOFf\.r1-f,>~ BandedThru9lDgelMolarySentes The foregoing Affidavit was acknowiedged before me this 20th day of December, 2008, by Dale Lambert, Chairman of the Board of Supervisors of the Port of the Islands Community I~e: District, who is personally known to me. ~~ - Notary Public - Sta e of Florida 5V-2008'AR-13960 Rev: 2 PORT OF THE ISLANDS - CAYS DRIVE PROJECT: 200811000S DATE: 1/13/09 DUE: 1/28/09 .t\;isnj3 Item No. 170 ~~_,p;^:1 A A, "l';~'0 Page 26 of 2;5 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE , . DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 _.'~"aGOv."a (i) ''''' ,...- '^' '"'' M~ SIGN VARIANCE PETITION Proiect Name: PRE-APPlICA TJON MEETING NOTES & SUBMITTAL CHECKLIST TIme: Z',W Projed Addr/Locotion: Applicant Nome: .&:JooN-+ DIUl..V\f- Firm: oole V1nAt6 Current Zoning: (.r4" Phone: Z?f) - 29t - ?/Y[) Owner Name: Owner Addre..:2f2[.Q ~th St p.re.: Meeting AHende~:~lIoc~~t) C0 ) ~ ) fl.. =:3 23~ ~ ~ it ~J.c' IfAfI(;/gM1la~/Q~ f. I Agenda Item No. 170 At-";: ~ -f, 2C::J Page 27 of 35 . SIGN VARIANCE P~ON' (SV) APPLlCA 1101'(." SUBMITTAL CHECKLIST, THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBlTTALS Will NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED Completed Application (cfDWhJODd from website for current form) 12 7\ Pre.ApDlication meetinQ notes 12 ^ Completed Addressing Checkli,t Signed by Addressing Department 1 v..~ Surveyor She Pion of property depicting the following: 12 ~ All property boundaries & dimensions ~ North arrow, date and scole of drawing ~ All existing ond proposed signs (labeled os such) X ~ Existing sl9ll setbacks and proposed sign setbacks Owner/Agent Affidovlt signed & notarized 1 X location map depicting major streets in area for reference 1 )( , ~S: Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the lost re-app meeting ~holl not be credited towards apprication fees and a new pre-opplication meeting will be required.) Review Fees: 'RT $2000.00 Sign Variance tlJ: After- The-Fed Zonlng/Lond Use Petitions 2x the normal petition Fee fl $760.00 E,timated Legal Adverti:;jng Fee. CCPC Meeting RJ $363.00 Estimated Legal Advertising Fee - BCC Meeting ( "' 'any over- 01' under-payment will be reconciled upon receipt of Invoice from Naples Doily New,). OTHER REQUIREMENTS, n o n Agent/Owner Signature Date 2 om", r-..s;?C"? Q. 0 00 Z N E. (j) ~ II) OJ -'" ro II) -<(0. .. W ro 'S; rr: ~ .. Q iD rr: Q OJ - 0<( <( c .. ..... E < a. :E a . -; w > " 'ii c C 'D ;; C 0 0 ..... 0: O/S w Dl In c :E c :::> a Z N w ~ ... Z 0 0 j - c: :r " D.. d) e-. E ~ ~ 1: u 0 e '2 sa a. 0 .. c ~ ~ = 0 .. .. ~ 0 r/j .. ~ ~ l- 'D ,: ~ ... l' IJS " w U <( Q N 0 .,... Z -- !!l - 0 Z .~ "' .~ ~ :E Q:: -0 . w II)rr: " 1 tn .. :;::ii: '> l' 0 ~ "" 0 " >- 0 ~ 'C ?- m Z 0 ::> "- .r:. 0 -!i u u .. ..!! 'C <= 'U :J C :> ~ ~ <= .. co z u '<t l- e 0 N w . w Z (') ::c 0 (/) IX "f ;; w '" Z Z (') " Z N W I~ '1i <( ~ :E ~ E ..... " <( " D.. ..Q E 0 E z a :> 0 w Z 0 Z ~ I w C> .. ~ a> . .... Vi e ~I I J_l_L1J <= 0 a a> co: II> .r:. I I_J__ I~ S1 ... <( ... u: 03/14/2008 15:54 TEL 92542089 H . LANO DEYELOPMENT Aaenda Item No. 17D aoo2h:~ii ',4 2uOg ~a e 29 of 35 COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT (i) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 L ADDRESSING CHECKLIST Please complele the following and fa:< 10 U'e Addressing Oopsrlment ot 23~-650.5724 or tubmi! in ~~on l<> tho Addl"8$s\ng Dcporlmenl a1 the c-lbove address. Form mu.t bo tign~d by Addrc$Gin9 personnel prior 10 pnHlpp!ic:olion meeting. No! An items will apply to every projocl. ltftlnS in bold type are required. Forms older th.."lf1 G months will. reQuj(~ addiUorltlI r~iew and apprOvt11 by the Ach1rt!Ssing Departmenl. ----- ---_.. - _. - -- PETITION TYPE (c"...k petitio" type below, cQfTlP1tt'ft " sopam/e Arirlre~sJng Choclcllst It>r OAeh P-ditkm Type) n Bl (Bla.ting Perm~) o BD (Bo,,' Dock EXINl.ion) o CarnlvaI!C~cus Pem';1 o CU (Coodltio",,' U.e) n EX? (Ex~.avatio" Permit) o FP (Final pt,,, o ll.A (Lot line AdlustmCnll o PNC (Projecl Nama Change) o PPL (PI"", & PI~' P.~vi.""') r-l PSP (pr<,liooinilry Subdivi,ian p~,t) o PUO R~z""c o RZ (Standard Rozone) n SOP (Site D""elopn>en' Ploo) o SDPA (SOP Amendment) n SOPI (lnsubslurrtiol Change 10 SDP) o SIP (Sile Improvemen' PI...,) o StPlllnsutl.tanlial Change 10 SIP) U SNR (street Name Ch"'ngc) o SNC (Slreet Nome Change - Unplatted) [J TOR (T"msler 01 D<:velopmMt Righ"') I5ilI VA (Variance) o VR? (Vooelalion RamOV!'! Poemil) [j VRSFP (Veuel:-:l[ion RemoVClI & Site Fill Permit) rl OTHER ..... ~.- -- - - LEGAL DESCRIPTION of 'UI>Jc<cl prOpdrty or properties (copy ofJenglfty description ""'y be a/tochcd) p~ -\- '\ \h ~ All_cd Tslcuu:l~.Il.. e.o......s.) l'1'\.o...!..t.. "II T<'tloL-~S 1:>- f" .r! p(>-l c:....Js <t,"~ c. i tt-St-'%& FOLIO (Property tD) NUM8ER(s) 01 .!)"v. (attach to, or asso6ate Wll/}, logal description if moro II.M one) l+tSo f'''-< UJ l' 08300001301. GB300001550.tl030000ia06. 01058920306,01058920403. 010S892020!l. 01067080:\OS ~ ~ - SZ-- Z-<g STR.E.ET ADDRESS Of ADDRESSES (0. epplieobl", it atro.?dy os.<igned) . LOCATION MAP mU51 be att<>ched Showing exarJ location of pr"'actl.ftc in relation to ne,~""t publiC rrod rlgIrt-of.Wlty . SURVEY (oopy - needed t>nlv for unplaUed properties) PROPOSED PROJECT NAME (if nppli"b/e) PROPOSED STREET NAMES (if applicable) srrE DEVELOPMENT PLAN NLIMBER (tor ex/Sf/nil project:;!$i(es Drlty) SDF' or AR # I U~J l'tf':::"'UO 1:1.::1::1 Ir.l ~~~4,D~~ N N LAND DEVELOPMENT .L\genda Item No. 17D Ii!IOD3/.o'~.I"14,LUU8 p~l)e 30 of :;5 Page 1 of 2 ADDRESSING CHECKLIST - PAGE TWO Projecl or developmrml names propo.'ed for. or alreRCy appellfing in, condomini'lfTl documents (jl "ppUcation; indicate w1wiher proposed or exislWlg) -.. ._-- - ._~ -..:! PIe.se Che<:k OIlA: Q Checklist Is to b. Fa.orl back o P",. onoJly P;,;kee) Up APPLICANT NAME: Rober. L. Duane. Hole Mon""'. Inc. PHONE 254.2000 FAX 254.2099 Signature on Addressing ehecklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Department. _A.................._.._~ -~ - .._-~-- ,~~ FOR STAFF USE ONLY Prlmory Number 17 Lf- >4-(p Addrqss Number 'I 4-- 3. 4--' Addr.." Number \' ~p 4-~ -z.. 4-0~ Address Number Z-t:.. 4- 07 z.r.. 4- o<l. ::''e.,,\,o,3. Approved bY:~~ m 6io........... Dale, 0 3. - (.., - 0 1!; Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED ; , P~8 2 or 2 G:\Currenl\A,ppit:~uon rOrtt'lz:;V\l:idJ~.:Jnn C:hl..:).,:~.l $tV O:?OZ07.r;l1)l'l I C\J z I OQ)l.O . I ~o(") 0 ! ' 0,,- -"'-N 0 ~M Z E= Q) 'i:: Ol Q) CLm ==<(0. J- m " - Qj CD OJ <( - I >< I W I -- -' o z :::> o ID f- (f) W :;;: -T , I ., IL, :;;, 0' , 'co I ~, , I I >- ,.-... o z :::> o ID f- (f) <( W ,- "<t (j) ::J '---" o (J) 0::: (j) :>:: (.) 0 . <( I~. ~ ~ ~ . r----. (f) :>:: (.) . <( OOJ ....f- W (f) "Y u CXJ 0 0 .... 0 N '6 r<) .... >- 0 II ...J , => ~ -, '6 N W f- .... 0 :>:: (.) <( OJ f- W (f) N~IS 3^J~:Lg SAY'::L 1 ~I ... vi 2. "- .. -g (.) ~ '" ~ u c .. r.n -g u [jj :z! c ",; '" x .:! '" o '" Ii vi >- ~ J. 91 1;:1 '" 1i" F ::> g, O(J}L.D ~g:: . ('~ :;I o -i.C'\j Z~0') -- (j) ::-;:: ::n 2 Q..m -<0. ro ~ ii) en < Agenda Item No. 170 Ap,-il14,2009 Page 33 of 35 RESOLUTION NO. 09 -_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13960, GRANTING A VARIANCE FROM SECTION S.06.04.C.16.b.i. OF THE LAND DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN AREA, WHICH SIGN IS LOCATED AT PORT OF THE ISLANDS IN THE MEDIAN OF CAY'S DRNE (SOUTH OF U.S. 41) IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 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, Port of the Islands Community Improvement District, seeks to alter the signage on the property to have a larger sign; and WHEREAS, Petitioner wishes to have a sign with an area up to 18 square feet located about its property; and WHEREAS, without a variance, Petitioner cannot have an off-premise sign with an area greater than 12 feet; and WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting this variance; and WHEREAS, the Board has found as a matter of fact LlJ.at satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and Page 1 of2 AClenda item No. 170 . April 14, 2009 Page 34 of 35 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 approve a variance from LDC Section 5.06.04.C.16.b.i, to allow a sign with an area up to 18 square feet, as shown in attached Exhibit "A", the text, including content, font and size, of which is not limited by the instant variance, as filed by Robert L. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of the Islands Community Improvement District, concerning the subject property located in the Port of the Islands in the median of Cay's Drive, just South of U.S. 41 in Section 9, Township 52 South, Range 28 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-13960 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this _ day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: n, .A I Jt:;,_ 7. w JJJ- Steven T. Williams Assistant County Attorney Exhibit "A": Sign Depiction Page 2 of2 0"'''' I'-g:=: NO 'C0 ". "", ,... ..:= C) 33'~g> =<(0.. ro :2 ii5 OJ <( ! / I / " ...... I "\ I \ I I I I rJl ~ I.. I I I I -T I : / '--~ , , , ., 0., ;:i, V' , \", -, , , , , ----~...., ( " : - '\ I I ...-.. ~ "<t . V'l :) '--' o en . 0:: V'l ~ . o 0 . -<( 1- _ 0", f--- _ '"I '<t ~ ---'i~ -- 3^I~a s^v..; N8-1S - \ \ J / \ \ \ \ \ \ \ \, I a ... co o o N \ \ \ .,. U - '0'" '<t >- II ..J = ::l - ., I I I I \ I o z :::::> o CD I- lf) <( w " / i ( I I I I I I I I I I I i I , , I I , I . I I , . I I ' I I , o ~ o -<( OJ I- W a N W I- '<t -, o , ~I .. vi 2' 1iI . ::-.'-"_1~~~W;:; '8 <.> i~'~~~ I if~f,~FJ" ! ".'~-". ~"" ~ ." "';',1 ~,:". .':' ';'~{':A~ ~ . c;jE. . 'c:',:r>, ~ '*.'~';;1 .c:"'~c;"~ ~'.~i~'<" ~. ..,.....;,;:~,~. ~~~-::< :..~. : "~ o '" ::i >- " 3: I ~I ~I '" " g on Page 1 of 1 EXHIBIT A