RESOLUTION 16- A RESOLUTION DETERMINING VARIANCE PETITION 16-V5 TO ALLOW FOR A WALL SIGN EXCEEDING THE MAXIMUM SIGN AREA PROVIDED IN SECTION

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Lawrence Tucker
5 years ago
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1 Agenda Item 13 Meeting of 06/15/16 RESOLUTION 16- A RESOLUTION DETERMINING VARIANCE PETITION 16-V5 TO ALLOW FOR A WALL SIGN EXCEEDING THE MAXIMUM SIGN AREA PROVIDED IN SECTION 50-35(c)(1), NEIGHBORHOOD SHOPPING CENTERS AND COMMUNITY SHOPPING CENTERS, OF THE CODE OF ORDINANCES, CITY OF NAPLES, FOR BURLINGTON COAT FACTORY LOCATED WITHIN PARK SHORE PLAZA ON PROPERTY OWNED BY BRIXMOR PARK SHORE SC, LLC, LOCATED AT TH STREET NORTH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Brixmor Park Shore SC, LLC, owner, has authorized Mike Shanahan, Vice President of Real Estate, Burlington Coat Factory, to file this petition; and WHEREAS, Jeff Katims, AICP, CNU-A, The Mellgren Planning Group, agent for the petitioner, has requested approval of a Variance from Section 50-35(c)(1) to allow for a wall sign exceeding the maximum sign area for neighborhood shopping centers, for the Burlington Coat Factory within the Park Shore Plaza, on property located at th Street North; and WHEREAS, Section 50-35(c)(1) of the Code of Ordinances allows for one 80 square foot wall sign per tenant for tenants fronting upon one street within neighborhood shopping centers; and WHEREAS, the Planning Advisory Board, following an advertised public hearing on May 11, 2016, considered the public input, the recommendation of staff, and recommended by a vote of 6 to 0 that Variance Petition 16-V5 be DENIED; and WHEREAS, after considering the recommendation of the Planning Advisory Board and after providing the petitioner, staff and the public an opportunity to present testimony and evidence, City Council finds that the criteria set forth in Section of the Code of Ordinances for variances, namely: (c) Variance criteria. (1) General. a. If, upon consideration of the variance criteria set out in this subsection and (c)(2) below, it is determined that the case for approving a variance clearly outweighs the case for denial, the variance may be approved, providing that:

2 Resolution 16- Page 2 1. The variance does not permit the establishment or enlargement of any use or structure devoted to a use which is not permitted in the district in which the variance is requested. (2) Specific. 2. The variance will be consistent with the comprehensive plan. a. Prior to approving, approving with conditions, or denying a variance, city council shall consider and determine, based upon substantial competent evidence, the following criteria: 1. Whether the plight of the applicant is due to unique circumstances not created by the applicant, an agent of the applicant or a predecessor in title of the applicant. 2. Whether special conditions or circumstances exist which are peculiar to the land or structure involved, and which are not applicable to other lands or structures in the same neighborhood or district. 3. Whether the failure to grant the variance would result in unnecessary and undue hardship to the property. 4. Whether the failure to grant the variance would deprive the owner of the reasonable use of the property. 5. Whether the variance will promote, or will not be inimical to, the health, safety and welfare of the community. 6. Whether the variance will be otherwise consistent with and in harmony with the general intent and purpose of the land development code. 7. Whether the variance is the most practical or logical solution to the need for relaxation of the literal requirements of the land development

3 Resolution 16- Page 3 code. 8. Whether the variance will be injurious to the surrounding neighborhood or adjacent properties. 9. Whether the construction resulting from the variance will be compatible in character and scale with the surrounding neighborhood, preserve natural resources, and preserve historic structures by maintaining the architectural character of the original building in keeping with the period in which it was built., HAVE BEEN / HAVE NOT BEEN met and that the petition should be APPROVED/DENIED; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. Section 2. Section 2. That Variance Petition 16-V5 from Section 50-35(c) of the Code of Ordinances is hereby APPROVED / DENIED to allow for a wall sign exceeding the maximum sign area provided for neighborhood shopping centers, for the Burlington Coat Factory within the Park Shore Plaza, on property located at th Street North, more fully described on Exhibit A, attached hereto and incorporated herein by this reference. (If Approved) That approval of this Variance Petition is pursuant to the plans prepared by Blair Sign Programs, dated January 26, 2016, copies of which are on file in the City Clerk's Office, and is subject to the condition(s) listed below as set forth in Section of the Code of Ordinances: (If Denied) That denial of this Variance Petition, pursuant to Section of the Code of Ordinances, is based upon the following: Failure to meet General Criteria 2 and Specific Criteria 1, 2, 3, 4, 6, 7 and 9. Section 3. Disclaimer and Permit Condition (applicable only if federal or state permits are required): Issuance of a development permit by the City does not create any right to obtain a permit from a State or Federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain

4 Resolution 16- Page 4 requisite approvals or fulfill the obligations imposed by a State or Federal agency or undertakes actions that result in a violation of State or Federal law. If applicable, all other State or Federal permits must be obtained before commencement of the project. Section 4. That this resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 15 TH DAY OF JUNE, Attest: Patricia L. Rambosk, City Clerk Bill Barnett, Mayor Approved as to form and legality: Robert D. Pritt, City Attorney Date filed with City Clerk:

5 Resolution 16- Page 5 EXHIBIT A

6 Resolution 16- Page 6

RESOLUTION WHEREAS, The George, LLC, a Florida limited liability company, is owner of the property; and

RESOLUTION WHEREAS, The George, LLC, a Florida limited liability company, is owner of the property; and Agenda Item 13-c Meeting of 09/06/17 RESOLUTION 2017- A RESOLUTION DETERMINING DEVELOPMENT AGREEMENT PETITION 17-DA1 TO ALLOW OFFSITE DEVELOPMENT PROPOSED BY THE LAND OWNER OR ITS DESIGNEE TO PROVIDE REQUIRED