Agenda 07/22/2008 Item #17BAgenda Item No. 17B
July 22, 2008
Page 1 of 28
EXECUTIVE SUMMARY
SV- 2008 -AR- 13059, Stock Development, LLC, represented by Chris Mitchell of Waldrop
Engineering, are requesting two variances from Section 5.06.00 of the Land Development
Code (LDC) to allow a variance of 42 square feet from the requirements of Section
5.06.04.16.b.i of the LDC to exceed the maximum 12 square foot area requirement to allow
an off - premise directional sign that is 54 square feet on each side and a variance of 100 feet
from the requirements of Section 5.06.04.16.b.v of the LDC to exceed the maximum 1,000 -
foot distance separation for an off - premise sign to permit a sign that is 1,100 feet away
from the Edison Campus use, for property located at the southeast corner of the Grand
Lely Drive/Rattlesnake Hammock Road (CR -864) intersection, in Section 21, Township 50
South, Range 26 East, of Collier County, Florida
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider the two variances as noted above, and
ensure that the project is in harmony with all the applicable codes and regulations in order to
make certain that the community's interests are maintained.
CONSIDERATIONS:
The applicant is seeking to install a new 22'3 "x 8' ground mounted, off - premise, directional sign
for Edison College to be located at the Grand Lely Drive /Rattlesnake Hammock Road
intersection. The Edison campus is located, internally, within the Lely Resort PUD. The
proposed sign would be located on the southeast comer of Grand Lely Drive and Rattlesnake
Hammock Road on a 3.93 acre parcel approximately 1,100 feet north of the Edison campus.
This parcel currently contains two stormwater detention ponds, which according to the applicant,
have been constructed per the roadway commitments of the December 16, 2003, Lely Resort
DCA to accommodate stormwater for the Rattlesnake Hammock roadway improvements.
The subject off - premises sign requires two variances. The first variance is a variance from the
requirements of Subsection 5.06.04.16.b.i of the LDC which requires that off - premises
directional signs shall not exceed 12 square feet in area. The subject sign is a v- shaped ground
mounted sign with wing walls on each side bearing the Edison College logo totaling 54 square
feet for both sides and exceeds the maximum off - premises sign area criteria by 42 square feet.
The second variance is a variance from the requirements of Subsection 5.06.04.16.b.v of the
LDC that requires a separation distance of 1,000 feet between the off - premises sign and the
building, structure, or use being served. The subject sign is proposed to be located 1,100 feet
away from the Edison campus.
Page] of 4
A Item No. WB
July 22, 2008
Page 2 of 28
FISCAL IMPACT:
The variance, by and of itself, will have no fiscal impact on Collier County. Applicable fees for
this variance request and all applicable fees for the respective building permit are paid by the
applicant.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
The subject property is designated Commercial within the Lely Resort PUD Master Plan. The
property is designated as urban residential district on the Future Land Use Map of the GMP. The
GMP does not address individual variance requests but focuses on the larger issue of the actual
use. The Lely PUD 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.
AFFORDABLE HOUSING IMPACT:
Approval of this Sign Variance will have no affordable housing impact.
ENVIRONMENTAL ISSUES:
There are no environmental issues associated with this petition
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC did not review this petition as they do not normally hear Sign Variance petitions.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition SV- 2008 -AR -13059 on .tune 5, 2008, and by a vote of 9 in favor and 0
opposed recommended to forward this petition to the Board of Zoning Appeals (BZA) with a
recommendation of approval. 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 two Sign Variances: (1) The first is from the maximum 12 square -
foot area for off - premises directional signs to permit an off - premises directional sign having an
approximately 54 square -foot area, and (2) the second is for a variance of 100 feet from the
required 1,000 -foot distance separation for off - premises signs to pen-nit a sign that is 1,100 feet
from the Edison College Campus. The granting of such variances is permitted under LDC
Section 9.04.02.
Page 2 of 4
Agenda Item No. 17B
July 22, 2008
Page 3 of 28
The attached staff report and recommendations of the Planning Commission are advisory only
and are not binding on you. Decisions regarding variances are quasi - judicial, 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 the petitioner, or staff, to
satisfy yourself that the necessary criteria have been satisfied. LDC Section 9.04.02.A requires
that "based upon the evidence given in public hearing; and the findings of the Planning
Commission" you "should determine to the maximum extent possible if the granting of the
Variance will diminish or otherwise have a detrimental effect on the public interest, safety or
welfare." 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 of this request requires three affirmative votes of the Board.
In granting a Sign Variance, the Board of Zoning Appeals may prescribe the following:
1. Appropriate conditions and safeguards in conformity with this 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 this Code.
2. A reasonable time limit within which the action for which the variance required shall be
begun or completed or both.
Criteria for Sien 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 are the subject of
the Variance request.
3. A literal interpretation of the provisions of the LDC work 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 LDC, and
not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Page 3 of 4
Agenda !tern No. 17B
.July 22, 2008
Page 4 of 28
7. There are natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation, such as natural preserves, lakes, golf courses, etc.
8. Granting the Variance will be consistent with the GMP.
The proposed Resolution was prepared by the County Attorney's Office and is sufficient for
Board action. -JAK
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals (BZA) approve Petition SV- 2008 -AR-
13059 subject to the following condition:
1. The two variances shall be limited to that which is depicted in
Exhibits "A" and `B ", and attached to the resolution of adoption.
PREPARED BY:
Willie Brown, AICP, Principal Planner
Department of Zoning and Land Development Review
Page 4 of 4
Page 1 of 2
Agenda Item No. 17B
July 22, 2008
Page 5 of 28
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
17B
Item Summary:
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. SV- 2008 -AR- 13059, Stock Development, LLC, represented by Chris
Mitchell of Waldrop Engineering, is requesting two variances from Section 5.06.00 of the
Land Development Code (LDC) to allow a variance of 42 square feet from the requirements
of Section 5.06.04.16. b.i of the LDC to exceed the maximum 12- square -foot area
requirement to allow an off - premise directional sign that is 54 square feet on each side and a
variance of 100 feet from the requirements of Section 5.06.04.16. b of the LDC to exceed
the maximum 1.000- foot distance separation for an off - premise sign to permit a sign that is
1,100 feet away from the Edison Campus use, for property located at the southeast corner of
the Grand Lely DrivelRattlesnake Hammock Road (CR -864) intersection, in Section 21,
Township 50 South, Range 26 East, of Collier County, Florida.
Meeting Date:
7/22/2008 9.00:00 AM
Prepared By
Willie Brown
Principal Planner Date
Community Development &
Environmental Services
Zoning & Land Development Review 6126/2008 1:18:55 PM
Approved By
Ray Bellows
Chief Planner Date
Community Development &
Environmental Services
Zoning & Land Development Review 6/2612008 2:43 PM
Approved By
Community Development &
Joseph K. Schmitt
Environmental Services Adminstrator Date
Community Development &
Community Development &
Environmental Services
Environmental Services Admin. 711/2008 8:46 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Approved By
Scott R. Teach
County Attorney
.Approved By
Operations Analyst
Community Development &
Environmental Services Admin.
Assistant County Attorney
County Attorney Office
Marjorie M. Student - Stirling Assistant County Attorney
County Attorney County Attorney Office
Approved By
Date
7/112008 10:08 AM
Date
717/2008 2:37 PM
Date
71812008 1:45 PM
file_//C:\ A- QendaTest \Fxnnrt\ 111 -lniv% 7022_% 2(12009 \17%20RIfMMARV%20A6FNDAA 7/15/2009
Page 2 of 2
AaenCa ],,em No. 173
July 22, 2008
Page 6 of 28
Susan Murray, AICP Zoning & Land Development Director
Community Development &
Environmental Services Zoning & Land Development Review
Date
7/8/2008 3:03 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 7/8/2008 3:32 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 7/612008 5:08 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 711412008 10:56 AM
file: / /C:AAeendaTest \Fxnort\1I1 -July% 2022_% 202009 \17 %20STIMMARV0 /00AGF.NT)A \_ 7 /1SOnOR
AGEf4TY,k`ftW,,i2008
Page 7 of 28
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JUNE 5, 2008
SUBJECT: PETITION SV- 2008 -AR- 13059, EDISON COLLEGE OFF - PREMISES SIGN
PROPERTY OWNERIAGENT:
APPLICANT: Stock Development, LLC
2647 Professional Circle, Ste 1201
Naples, FL 34119
REOUESTED ACTION:
AGENT: Chris Mitchell
Waldrop Engineering
10641 Airport Road, N.
Naples, FL 34109
To have the Collier County Planning Commission (CCPC) consider two variances from the
requirements of Section 5.06.00 of the Land Development Code (LDC) for a proposed off -
premise direction sign as follows:
A variance of 42 square feet from the requirements of Section 5.06.04.16.b.i of
the LDC to exceed the maximum 12 square foot area requirement to allow an off -
premise directional sign that is 54 square feet on each side.
2. A variance of 100 feet from the requirements of Section 5.06.04.16.b.v of the
LDC to exceed the maximum 1,000 foot distance separation for an off-premise
sign to permit a sign that is 1,100 feet away from the Edison Campus use.
GEOGRAPHIC LOCATION:
The subject property for the proposed sign is located at the southeast corner of the Grand Lely
Drive/Rattlesnake Hammock Road (CR -864) intersection, in Section 21, Township 50 South,
Range 26 East, of Collier County, Florida (see location map on the following page). The Edison
College campus is located at 7007 Lely Cultural Parkway at the northeast intersection of Grand
Lely Drive and Lely Cultural Parkway approximately 1,100 feet south of the proposed sign
location at Rattlesnake Hammock Road and Grand Lely Drive.
SV- 2008 -AR -13059 Page 1 of 8
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Agenda Item No. 17B
July 22. 2008
Page 10 of 28
PURPOSE /DESCRIPTION OF PROJECT:
The applicant is seeking to install a new 22'3 "x 8' ground mounted, off - premise, directional sign
for Edison College to be located at the Grand Lely Drive /Rattlesnake Hammock Road
intersection. The Edison campus is located, internally, within the Lely Resort PUD. The
proposed sign would be located on the southeast corner of Grand Lely Drive and Rattlesnake
Hammock Road on a 3.93 acre parcel approximately 1,100 feet north of the Edison campus.
This parcel currently contains two stormwater detention ponds, which according to the applicant,
has been constructed per the roadway commitments of the December 16, 2003 Lely Resort DCA
to accommodate stormwater for the Rattlesnake Hammock roadway improvements.
The subject off - premises sign requires two variances. The first variance is from subsection
5.06.04.16.b.i of the LDC which requires that off - premises directional signs shall not exceed 12
square feet in area. The subject sign is a v- shaped ground mounted sign with wing walls on each
side totaling 54 square feet in area bearing the Edison College logo exceeding the maximum off-
premises sign area criteria by 42 square feet. The second variance is from subsection
5.06.04.16.b.v of the LDC that requires an off - premises directional signs not be located more
than 1,000 feet from the building, structure, or use being served. The subject sign is proposed to
be located 1,100 feet away from the Edison campus.
EXISTING CAMPUS SIGN
AT
MOORE,GATE POINT LANE AND GRAND LELY PKWY
The above sign is an existing approved "on premise" ground monument sign at the west entrance
of the campus on Grand Lely Boulevard, which is a similar depiction of the sign design being
proposed at the Grand Lely/Rattlesnake Hammock Road intersection. The design of the
proposed sign is depicted on the preceding page. Subsection 5.06.04.C.16. of the LDC, Off-
SV- 2008 -AR -13059 Page 2 of 8
Agenda Item No. 17B
July 22, 2008
Page 12 of 28
SURROUNDING LAND USE AND ZONING:
North: Rattlesnake Hammock Road/ Mandalay PUD
South: Edison College Campus within Lely Resort PUD
East: Preserve and open space area within College Park PUD
West: Grand Lely Pkwy/ then vacant land within Lely Resort PUD
ZONING ATLAS
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is designated Commercial within the Lely Resort PUD Master Plan. The
property is designated as urban residential district on the Future Land Use Map of the GMP. The
GMP does not address individual variance requests but focuses on the larger issue of the actual
use. The Lely PUD 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 (CCPC) is advisory to the BZA and
utilizes the provisions of Subsections 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?
SV- 2008•AR -13059 Page 4 of 8
Agenda Item No. 173
July 22, 2008
Page 13 of 28
Yes. The subject property is a narrow rectangular shaped lot not suitable for development,
but approved for a water management for a lake. The site is also the area of a designated
(but unrecorded) sign easement. Given the lot's narrow dimensions, proposed water
management use, proximity to a minor arterial roadway leading into residential areas of the
Lely PUD, and future set aside of a sign easement, this site is ideal for the proposed sign.
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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?
No. The off - premises sign code requirements of the LDC were in effect at the time Edison
Community College purchased this site.
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. Given the large number of students and visitors going to Edison Community College,
a case can be made that a literal interpretation of the sign code would make it difficult for
students and visitors to find the Edison campus when traveling on Rattlesnake Hammock
Road.
SV- 2008 -AR -13059 Page 5 of 8
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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?
No. The off - premises sign code requirements of the LDC were in effect at the time Edison
Community College purchased this site.
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. Given the large number of students and visitors going to Edison Community College,
a case can be made that a literal interpretation of the sign code would make it difficult for
students and visitors to find the Edison campus when traveling on Rattlesnake Hammock
Road.
SV- 2008 -AR -13059 Page 5 of 8
Aacnoa u2m, No. 176
July 22, 2008
Page '4 of 28
Even though there are ground signs at the entrance of the campus along Grand Lely
Parkway and Lely Cultural Parkway, there are no directional signs after exiting off of
Collier Boulevard entering into the Lely PUD from Rattlesnake Hammock Road, which
requires a left turn in order to access the campus entrance.
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?
No. The variance, if granted, would not be the minimum variance necessary that would
make possible the reasonable use of land. The petitioner could construct a much smaller
off - premises sign.
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 in 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 off
-
premises directional sign to have an additional 42 square feet of surface area compared to
that which is prescribed by the LDC, 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. Subsection 5.06.0l.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;
SV- 2008 -AR -13059 Page 6 of 8
Agenda Item No. 17B
July 22, 2008
Page 15 of 28
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 requested off - premises sign advances all of these objectives.
Therefore, approval of the variances would be consistent with the purpose and intent of the
LDC.
g. Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
No. There are not natural conditions that ameliorate the goals and objectives of the sign
regulation. Placing the sign at this intersection requiring the variances proposed is a self
imposed hardship. However, the College must rely on this off-premises directional sign
because this location is the most logical to direct who are traveling west on Rattlesnake
Hammock from Collier Boulevard to the campus.
h. Will granting the variance be consistent with the Growth Management Plan?
Yes. Approval of these variances would be consistent with the GMP since it would not
affect or change any of the GMP's requirements.
EAC RECOMMENDATION:
The Environmental Advisory Council does not normally hear Variance petitions and did not hear
this one.
SUMMARY FINDINGS:
Staff has analyzed the variance guidelines and has determined that there are special conditions
peculiar to the location of the campus being internal to the Lely Resort PUD. Staff is also of the
opinion that the literal interpretation of the provisions of the LDC would create practical
difficulties for the large number of students and visitors to find Edison Community College.
Lastly, the variance request is in harmony with the general intent and purpose of the LDC and
will not be injurious to the neighborhood.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition SV- 2008 -AR-
13059 to the Board of Zoning Appeals with a recommendation of approval subject to the
conditions attached to the Resolution.
SV- 2008 -AR -13059 Page 7 of 8
PREPARED BY:
WILLIE BROWN, AICP, PRINCIPAL PLANNER
PRINCIPAL PLANNER
REVIEWED BY:
OWN
i
MARJOfflE STUDENT - STERLING U
ASSISTANT COUNTY ATTORNEY
RAYMO D V. BELLOWS, MANAGER
DEPARTMENT OF ZONING
AND LAND DEVELOPMENT REVIEW
Agenca Item No. 17E
July 22, 2008
Page 16 of 28
DATE
-Z3 —cI.3
DATE
5/?- c) 69-
DATE
T 2 L
SSJSAN M. ISTENES, AICP, DIRECTOR DA E
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
K. SCH I T, ADMINISTRATOR DATE
NITY DEVELOPMENT & ENVIRONMENTAL
VICES DIVISION
Tentatively scheduled for the July 22, 2008 Board of County Commissioners Meeting.
COLLIER COUNTY PLANNING COMMISSION:
CO aA,� P� r s=OB-
MARK 1. STRAIN, CHAIRMAN DATE
SV- 2006 -AR -13059 Page 10 of 10
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COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING 8 LAND DEVELOPMENT REVIEW
W W W.COLLIERGOV.NET -
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104 Hgenda liem No. 75
(239) 403 -2400 FAX (239) 643 -696 July 22. 2008
Wage 18 of 28
SIGN VARIANCE PETITION
LDC Section 9.04.00
PETITION NUMBER (AR) SV- 2008 -AR -13059 REV: 2
PROJECT NAME EDISON COLLEGE OFF - PREMISE
PROJECT NUMBER SIGN
DATE PROCESSED I PROJECT: 2008020035
COORDINATING PLANNER DATE: 4/2208 DUE: 5/6108
ABOVE TO BE COMPLETED BY STAFF
APPLICANT / OWNER INFORMATION
PETITIONER'S NAME: Stock Development, LLC
ADDRESS 2647 Professional Circle, Suite 1201 City Naples State FL Zip 34119
PHONE# 239 - 592 -7344 CELL# FAX # 239 -592 -7344
E -MAIL ADDRESS: kgelder @stockdevelopment.com
AGENT: Chris Mitchell FIRM: Waldrop Engineering
ADDRESS 10641 Airport Pulling Road North City Naples State FL Zip 34109
PHONE# 239 -596 -9191 CELL# FAX # 239 - 596.9071
E -MAIL ADDRESS: chrism @waldropengineering.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 July 22,
,-Mn --a9
SECTION/TOWNSHIP /RANGE: 21/50/26 PROPERTY I.D.# 00432440102
SUBDIVISION NAME: Lely Resort UNIT BLOCK LOT
METES & BOUNDS DESCRIPTION: See Attached
ADDRESS OF SIGN LOCATION: SE corner of the intersection of Grand Lely Drive & Rattlesnake Hammock
CURRENT ZONING: PUD LAND USE OF SUBJECT PARCEL: Vacant / Stormwater Management
Length & Height of wall upon which the Sign will be secured: 22' 3" L 8'H (V- shaped) (if Wall Sign)
Width of Subject Property: 192' 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.
Stock Development, LLC is requesting two variances (size, distance) in order to construct an entry monument / ground sign
on the southeast comer of Grand Lely Drive & Rattlesnake Hammock for the benefit of Edison College, whose campus
located internal to the Lely Resort PUD. The proposed sign will be located on a parcel described as a 3.93 acre portion of
Parcel 106 per OR 3671 PG 1796, zoned as PUD. The parcel is currently vacant and used to accomodate stormwater
management for the Rattlesnake Hammock road improvements, as shown on the attached aerial. Two stormwater detention
ponds have been constructed on this tract per the Roadway Commitments of the Lely Resort DCA dated December I6", 2003.
Per Section 5.06.04 (Sign Standards for Specific Situations) of the LDC, off - premises signs within residential distrcits are
limited to a maximum of 12 square feet. The proposed sign is a V- shaped ground sign bearing the Edison College logo, with
accompanying wing walls on each side. The total sign face is 54 SF with each wing wall sign face totalling 27 SF, per the
attached drawing. With the new widening of Rattlensake Hammock, the intersection of Rattlesnake Hammock & Grand Lely
Drive is expected to serve as a main project entrance in the near future. Based on other approved entry monuments within the
county, Stock Development feels that proposed ground sign is appropriate for the location & intended use.
Due to the fact that the proposed sign is not located on a parcel contiguous to the Edison College facility, it is considered an
off - premise sign per the LDC. Based on Section 5.06.04, off - premise signs must be located within 1,000 feet of the parcel
serving the building, structure, or use. The proposed sign is located approximately 1,100 feet north of the Edison College
campus. Although the distance slightly exceeds the maximum proximity, the proposed sign will be located at the nearest
major intersection to the campus, and a project entrance to Lely Resort.
Stock Development has met with representatives from Edison College and coordinated the location, design, and logistics of
the proposed ground sign. Stock has also offered to pay for 100% of the design, permitting, & constructon costs for the
proposed ground sign for Edison College and plans to gift it to the Edison Foundation upon completion.
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 this 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.
No special conditions exist. Given the size of the parcel and proximity to a project entrance, the proposed location of
the entry monument is ideal.
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 requ4genda Item No. 17B
July 22, 2008
Page 20 of 28
The existing Edison College monument sign is located on a parcel at the southwest comer of the intersection of Lely
Cultural Parkway & Collier Boulevard in Lely Resort. During the course of development, it was discovered that
Edison lacks a recorded easement for the sign at its existing location, which became problematic after Stock
Development transferred the ownership of the parcel to another entity which intends to develop the site and remove
the sign. In order to resolve the issue, Stock Development has offered a site for a new entry monument, and to pay
for the construction thereof.
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.
Rejection of the variance petition will cause a significant hardship upon Edison College and prevent much needed
exposure and visibility from its location internal to Lely Resort.
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.
Yes. There are no health, safety, or welfare issues caused by the granting of either variance we are requesting.
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.
No. In fact, granting the variance will be consistent with the treatment of entry monument signage that exists for
larger communities within the county.
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.
Yes. The variance will be consistent with the intent and purpose of the code. The granting of this variance will have
no negative impacts to public welfare.
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.
N /A. The variance petition will have no effect on any preserve areas, lakes, or golf course areas.
8. Will granting the variance be consistent with the growth management plan.
N /A. The variance petition has no effect on growth management plan.
AFFIDAVIT
Agenda Item No. 17B
July 22, 2008
Page 21 of 28
We /l, Brian Stock being first duly sworn, depose and say that well 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. Well 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.
As property owner Well further authorize Waldrop Enaineering to act as our /my representative in any
matters regarding this P fition.
Signa of Pro rty Owner Signature of Property Owner
Brian Stock. CEO
Typed or Printed Name of Owner Typed or Printed Name of Owner
The f9leg ong mstr Went was acknowledged before me this day of �� . 20 OF by
J who is oT Pry ells Hewn to wa or has produced
as identification.
r,
JUDITH M. SFA E
4(P" +P'TiA Notary Pubic -Stale of ]Flonda (Sign re of Notary Public - State of Florida)
W CWnrWdan b0ft Sep � ' Commlulon # DD 35- Bon W 8y N0*=I Ncta
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(Print, Type, or Stamp Commissioned
Name of Notary Public)
SV- 2008 -AR -13059
EDISON COLLEGE
OFF - PREMISE SIGN
PROJECT: 2008020035
DATE: 3/18/08 DUE: 411/08
Aoenda Item No. I 7
July 22, 2008
Page 22 of 28
RESOLUTION NO, 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION NUMBER SV- 2008 -AR- 13059, FOR TWO SIGN
VARIANCES TO CONSTRUCT AN ENTRY
MONUMENT /GROUND SIGN FOR EDISON COLLEGE
PURUSANT TO SUBSECTION 5.06.04 OF THE LAND
DEVELOPMENT CODE, FOR PROPERTY LOCATED ON
THE SOUTHEAST CORNER OF GRAND LELY DRIVE
AND RATTLESNAKE HAMMOCK ROAD (CR 864),
LOCATED IN SECTION 21, TOWNSHIP 50 SOUTH,
RANGE 26 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, the Board of Zoning Appeals, being the duly elected constituted
Board of the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of granting two sign
variances as follows:
1. A variance of 42 square feet from the requirements of Section 5.06.04.16.b.i. of
the LDC to exceed the maximum 12 foot square area requirement to allow an off - premise
directional sign that is a total of 54 square feet for both sides, as shown on the attached
Exhibit "A ", and
1 of 3
SV- 2008- AR- 13059/MMSS 6 -9 -08
Agenda Item No. 17B
July 22, 2008
Page 23 of 28
2. A variance of 100 feet from the requirements of Section 5.06.04.16.b.v of the
LDC to exceed the maximum 1,000 foot distance separation for an off - premise sign to
permit a sign that is 1,100 feet away from the Edison Campus use, as shown on the plot
plan attached as Exhibit `B" and incorporated herein by reference, in the Lely Resort PUD
Zoning District for the property herein described; and
WHEREAS, the Board, however, has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by
said regulations and in accordance with Subsection 9.04.03 of the Zoning Regulations of
said Land Development Code for the unincorporated area of Collier County, and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled and the Board having considered all matters presented,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
Petition SV- 2008 -13059 filed by Chris Mitchell of Waldrop Engineering,
representing Stock Development, LLC, with respect to the subject property hereinafter
described as:
See Exhibit "C" attached hereto and incorporated by reference herein
be hereby granted for the following variances subject to the conditions set forth in Exhibit
"D" attached hereto and incorporated by reference herein:
1. A variance of 42 square feet from the requirements of Section 5.06.04.16.b.i. of
the LDC to exceed the maximum 12 foot square area requirement to allow an off - premise
directional sign that is a total of 54 square feet for both sides, as shown on the attached
Exhibit "A ". and
2of3
SV- 2008- AR- 130591MMSS 6 -9 -08
Agenda Item No. 17B
July 22. 2008
Page 24 of 28
2. A variance of 100 feet from the requirements of Section 5.06.04.16.b.v of the
LDC to exceed the maximum 1,000 foot distance separation for an off - premise sign to
permit a sign that is 1,100 feet away from the Edison Campus use, as shown on the plot
plan attached as Exhibit `B" and incorporated herein by reference, in the Lely Resort PUD
Zoning District for the property herein described; and
BE IT RESOLVED that this Resolution relating to Petition Number SV- 2008 -AR-
1305 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote on this day
of 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey E. Wright
Assistant County Attorney
3of3
SV- 2008 -AR- 13059 /MMSS 6 -9 -08
TOM HENNING, CHAIRMAN
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Agenda Item No. 17B
July 22, 2008
RSOD� &RHODESIANDSURVEYlNG, I.. Page 27 of 28
140ALr, MRA BLVD #1 VAPLM IFLO1WANUo
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LEGAL DESCRIPTION
A PORTION OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT NORTHWESTERLY MOST CORNER OF TRACT "A ", LELY RESORT PHASE
TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43
THROUGH 45 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 04 003'03" WEST, A DISTANCE OF 100.50 FEET TO A POINT OF CUSP,
THENCE ALONG THE EASTERLY RIGHT -OF -WAY LINE OF TRACT "A" (GRAND LELY
DRIVE), GRAND LELY DRIVE AND LELY CULTURAL PARKWAY, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 45 AT PAGES 3 AND 4 (INCLUSIVE) OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FOR THE FOLLOWING FIVE (5) CALLS,
(1)THENCE NORTHWESTERLY, 376.99 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1,080.00 FEET, THROUGH A
CENTRAL ANGLE OF 20 000'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 05 056'57" WEST, 375.08 FEET TO A POINT OF TANGENCY; (2)THENCE NORTH
15 °56'57" WEST, A DISTANCE OF 208.76 FEET TO A POINT OF CURVATURE; (3)THENCE
NORTHWESTERLY, 269.23 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 920.00 FEET, THROUGH A CENTRAL ANGLE OF
16 046'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 07 033'57" WEST,
268.27 FEET TO A POINT OF TANGENCY; (4)THENCE NORTH 00 °49'04" EAST A DISTANCE
OF 454.03 FEET TO A POINT OF CURVATURE; (5)THENCE NORTHEASTERLY, 39.24 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89 °36'51" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 45 °47'19" EAST, 35.34 FEET TO A POINT
OF INTERSECTION WITH THE EXISTING SOUTHERLY RIGHT -OF -WAY LINE OF
RATTLESNAKE HAMMOCK (COUNTY ROAD 864); THENCE SOUTH 89 °14'25" EAST, ALONG
THE SAID LINE OF RATTLESNAKE HAMMOCK, A DISTANCE OF 192.95 FEET, TO A POINT
OF INTERSECTION WITH THE EASTERLY SECTION LINE OF SECTION 21, TOWNSHIP 50
SOUTH, RANGE 26 EAST; THENCE SOUTH 04 °03'03" WEST, ALONG SAID SECTION LINE, A
DISTANCE OF 1,218.57 FEET TO THE POINT OF BEGINNING.
CONTAINING 171,249 SQUARE FEET OR 3.93 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND /OR RESERVATIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST LINE OF TRACT "A ", GRAND LELY DRIVE AND
LELY CULTURAL PARKWAY, AS RECORDED IN PLAT BOOK 45, AT PAGES 3 AND 4, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORDA, AS BEING N 00 °49'04" E.
EXHIBIT
CADocuments and Settingslstudent _ m\Local Settings\Tempormy Internet Files \OLK154\2008 -82 (2).doc
Page 1 of 1
Agenda Item No. 178
July 22, 2008
Page 28 of 28
CONDITIONS OF APPROVAL
Edison College Sign Variance
SV- 2008 -AR -13059
The 42 square foot variance from the maximum 12 square foot sign area as required in
Section 5.06.04.16.b.i of the LDC to allow a 54 square foot sign area; and 100 foot
variance from the maximum 1,000 foot distance as required in 5.06.04.16.b.v of the LDC
to allow a distance of 1,100 foot maximum distance from the building, structure, and/or
use being served,, shall be limited as depicted in the record survey with a revised date of
May 5, 2008.
The two variances referenced above shall be subject to the following stipulation:
The two variances shall be limited as depicted on Exhibits "A" and `B" attached
hereto. Any changes shall require a new variance.
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