Resolution 2007-037
RESOLUTION NO. 07-~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELA TING TO PETITION
NUMBER SV-2006-AR-9962, FOR A V ARIANCE TO THE
MAXIMUM NUMBER OF WALL SIGNS AND SIGN DISPLAY
AREA ALLOWED PURSUANT TO SECTION 5.06.04 OF THE
LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN
THE DONOVAN CENTER PUD, LOCATED IN SECTION 30,
TOWNSHIP 48S, RANGE 26E, 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 a sign variance for four wall signs
totaling 192.83 square feet of sign display area in the Wal-Mart Supercenter, located in the
Donovan Center PUD, Section 30, Township 48S, Range 26E, Collier County, Florida. The
wall signs require a variance from the maximum number of wall signs permitted in retail
business with a floor area larger than 25,000 square feet pursuant to Section 5.06.04.C.4 of the
LDC. The display area requires a variance from the maximum number of display area for signs
as permitted in Section 5.06.04.C.4.a; 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 Section 9.04.03 of the Zoning Regulations of said Land Development
Code for the unincorporated area of Collier County, to approve a variance for three (3) wall
signs, specifically, "Food Center," "Pharmacy Drive-Thru," and "Garden Center," which total
138.30 square feet of sign display area; 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.
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that Petition SV-2006-AR-9962, filed by Chelsea
Covington of Boice-Raidl-Rhea Architects, representing Wal-Mart Stores East, L.P., with
respect to the subject property described in Exhibit "A", in Section 30, Township 48S, Range
26E, Collier County, Florida, is hereby approved as modified to permit a variance from the
maximum number of wall signs permitted in Section 5.06.04.C.4 and 5.06.04.C.4.a of the LDC
for three (3) wall signs, specifically, "Food Center," "Pharmacy Drive- Thru," and "Garden
Center," which total 138.30 square feet of sign display area; and
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
2006-AR-9962 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this 13th day of
February, 2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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JAMfii?CO~A AN
By: :Cu.u.u. ~ O~( .
. , ~puty Clerk
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Jeffrey~. Kla,~kow
Managrg As$istant County Attorney
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Page 2 of 2
LEGAL DESCRIPTION
BY SURVEYOR
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SliUA1E, LYING AND BEING IN
SECTION 30. TOWNSHIP 48 SOUTH, RANGE 26 EAST OF 1HE TALLAHASSEE BASE
MERIDIAN. COLLIER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO WIT;
COMMENCING FOR REFERENCE AT iHE NORTHWEST CORNER OF SAID SECTION 30,
THENCE. BEARING NORTI-l 89"43'34~ EAST, ALONG THE NORTH LINE OF SAID SECTION
30, A DISTANCE OF 1960,19 FEET TO THE NORTHWEST CORNER OF Tl-IE EAST 1/2 OF
iHE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECllON 3Dj
THENCE, BE~RING SOUTH 02'21'21~ EAST, ALONG THE WEST LINE OF Tl-IE EAST 1/2
OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECT10N 30, A DISTANCE OF
471.24 FEET TO A POINT: '. ,
THENCE, BEARING NORTH 87~38'39" EAST, A DISTANCE OF 62.15 FEET TO THE POINT
AND PLACE OF BEGINNING OF THE HEREIN. DESCRIBED PARCEL;
THENCE, BEARING NORTH 87'37'16~ EAST, A DISTANCE OF 236.76 FEET TO A POINT;
1HENCE, BEARING NORTI-l 02'22.'42~ WEST. A DISTANCE OF 302.86 FEET TO A POINT:
. THENCE, BEARING NORTI-l 69'06'54~ EAST, A DISTANCE OF 166,41 FEET TO A POINT:
THENCE, BEARING SOUll-! 45'48'45" EAST, A DISTANCE OF 7.57 FEET TO A POINT;
THENCE, BEARING NORTH 89'14'16" EAST, A DISTANCE OF 499.29 FEET TO A POINT;
TIiENCE. BEARING SOU1H 02'20'47" EAST, A DISTANCE OF 177.90 FEET TO A POINT:
, 1HENCE, BEARING SOUTH D2'23'12~ EAST, A DISTANCE OF 1,001.40 FEET TO A POINTj
THENCE, BEARING SOUTI-l 89"45'15~ WEST, A DISTANCE OF 330.22 FEET TO A POINT;
THENCE, BEARING NORTH 77"04'19" WEST. A DISTANCE OF 73.87 FEET TO A POINT:
Tl-IENCE, BEARING SOUTH 87'49'42" WEST, A DISTANCE OF 488,20 FEET TO A POINT:
THENCE, E3EARING NORTH 02"22'44" WEST, A DISTANCE OF 40.00 FEET TO A .POINTj
lHENCE, BEARING SOUTH 87'37'16" WEST, A DISTANCE OF 40.00 FEET TO A POINT;
THENCE, BEARING NORTH 02.'2.2'44~ WEST, A DISTANCE OF 52.22 FEET TO A POINT;
THENCE, BEARING SOUTH 87'37'16~ WEST, A DISTANCE OF 15.03 FEET TO A POINT;
SAID .POINT BEING mE BEGINNING OF CURVE CONCAVE NORll-lEAST, HAVING A RADIUS
OF 45.00 FEET, A CENTRAL ANGLE OF 8T54'05~, A CHORO' LENGTH OF 62.46 FEET
BEARING NORTI-l 48'25' 42~ WEST;
THENCE, NORTH"NESTERL Y ALONG TI-lE ARC OF SAID CURVE, A DISTANCE OF 69.04
FEET TO A POINT:
THENCE, BEARING NORm 00'18'21" WEST, A DISTANCE Of 271.51 FEET TO A POINT;
SAID POINT BEING THE BEGINNING OF CURVE OF A NON TANGENT CURVE CONCAVE
SOU1HEAST, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 87'54'05~.
A CHORD LENGn; OF 34.70 FEET BEARING NORTH 43'40'13~ EAST;
THENCE, NORiHEAS1ERL Y ALONG iHE ARC OF SAID CURVE, A DISTANCE OF 38.35
FEET TO A POINT:
THENCE, BEARING NORTl-i 87'37'16" EAST, A DISTANCE Of 15.19 FEET TO A POINT;
THENtE. BEARING NORm 02'22'44" WEST, A DISTANCE OF 189.98 FEET TO A POINT:
THENCE, BEARING NORTH 07"37'16" EAST, A DISTANCE OF 69.11 FEET TO A POINT:
THENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 176.30 FEET TO A POINT;
TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF CONTAINING 1,034,748
SQUARE FEET OR 23.75 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS,
CONDI\IONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF llTLE.
EXHIBIT A