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HEX Backup Documents 03/27/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS MARCH 27, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON MARCH 27,2014, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL.THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES—March 13,2014 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20130002079 - Artesia Naples (Master) ASLI VI, L.L.L.P. is requesting an insubstantial change to the Lands End Preserve Residential Planned Unit Development (RPUD), Ordinance No. 2003-04, to modify development commitments relating to off-site transportation improvements, to provide for additional off-premises directional signage, and to amend the PUD Master Plan to reflect a change in location and reconfiguration of the Recreation Center (RC). The subject property is located on the west side of Barefoot Williams Road, north of Tower Road, and southeast of Wentworth Estates PUD, in Sections 4 and 5,Township 51 South, Range 26 East, Collier County,Florida consisting of 262.9±Acres. [Coordinator: Kay Deselem, Principal Planner] B. PETITION NO. SV-PL20130002415—City Mattress of Florida, Inc., requests a variance from the two wall sign limitation and the 60 square foot wall sign size limitation in Sections 5.06.04.F.2 and 5.06.04.F.4 of the Land Development Code, to allow for a third wall sign of 150 square feet on the south facade of the City Mattress building located in the Super Target Shopping Center at the intersection of 1-75 and immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County,Florida. [Coordinator: Nancy Gundlach, Principal Planner] 5. OTHER BUSINESS 6. ADJOURN BonhamGail - rom: StrainMark Sent: Wednesday, March 26, 2014 9:45 AM To: Richard Yovanovich Cc: DeselemKay; Clark Learning; Barry Ernst; 'warnold @gradyminor.com'; AshtonHeidi; RodriguezWanda; BonhamGail Subject: RE: PDI-PL20130002079-Artesia Naples Landsend Preserve Residential Development PUD Your continuance is granted and the new date will be April 10t" Your attendance will not be necessary at the hearing tomorrow and this email as well as our discussion earlier today will be noted as the basis for the continuance. The continuance is necessary to provide additional evidence and testimony regarding the changes requested to the Planned Unit Development ordinance for Lands End. Mark Strain Collier County Hearing Examiner 2800 North Horseshoe Drive Collier County, Florida 239.252.4446 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. rrom: Richard Yovanovich [mailto:ryovanovich @cyklawfirm.com] Sent: Wednesday, March 26, 2014 9:17 AM To: StrainMark Cc: DeselemKay; Clark Learning; Barry Ernst; 'warnold @gradyminor.com' Subject: PDI-PL20130002079-Artesia Naples Landsend Preserve Residential Development PUD Dear Mr. Strain, As we briefly discussed, my client would like to continue the above referenced matter to the next hearing examiner hearing date of April 10, 2014. Please accept this e-mail as our request to continue this matter. We do not plan on attending the hearing tomorrow to request a continuance unless instructed otherwise. Please contact me if you have any questions. Thank-you. Richard D. Yovanovich, Esq. Coleman Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239) 435-3535 x 256 (239) 435-1218 (f) SV-PL201 15 3/27/14 City `` ~`^^e°= Teresa L. Cannon From: Gundlach, Nancy Sent: Tuesday, February 25, 2014 11:15 AM To: Minutes and Records Cc: Bosi, Michael; Bellows, Ray;Ann P.Jenn john;TrishLK4organ; Rodriguez.VVanda; Neot' Virginia; Kendall, Marcia;Wells, Laura Subject: Request for HEX advertising in the NDN for City Mattress Sign Variance Attachments: HEX Ad NDN City Mattress 2'25-14.rtf; Map (2X3) 2-25-14.pdf Good morning, Please advertise the City Mattress Sign Variance petition attachments for the March 27, 2014 H EX hearing. Sincerely, Nancy Nancy Gundlach,AICP, PLA# 1244 Principal Planner, Planning&Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)353'2484 nancygund|ach@pco||ierRov.net Under Etorida Law,erna addresses are puhUc records.If you do not want your emal address reieased in response to a public records request,do not send elec,tronic mail to this entity.Instead,contact this office by telephone or in writing. Teresa L. Cannon From: Rodriguez, Wanda Sent: Tuesday, February 25, 2014 11:26 AM To: Gundlach, Nancy Cc: Minutes and Records; Stone, Scott Subject: FW: Request for HEX advertising in the NDN for City Mattress Sign Variance Attachments: HEX Ad NDN City Mattress 2-25-14.rtf; Map (2X3) 2-25-14.pdf Nancy, The requested ad run date is incorrect, as it requests the ad be run the same day the meeting is to be held. The correct publication date for this 3/27/14 HEX meeting would be Friday, March 7th. Please revise your request accordingly. Otherwise the title language conforms to that most recently approved by this office, and the ad text is good to go. Wanda Rodriguez, ACT Advanced Certifie d-Paralegal Office of the County Attorney (239)252-8400 From: GundlachNancy Sent: Tuesday, February 25, 2014 11:15 AM To: Minutes and Records Cc: BosiMichael; BellowsRay; Ann P. Jennejohn; Trish L. Morgan; RodriguezWanda; NeetVirginia; KendallMarcia; WellsLaura Subject: Request for HEX advertising in the NDN for City Mattress Sign Variance Good morning, Please advertise the City Mattress Sign Variance petition attachments for the March 27, 2014 HEX hearing. Sincerely, Nancy Nancy Gundlach,AICP, PLA# 1244 Principal Planner, Planning&Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach@colliergov.net 1 February 25, 2014 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 7. 2014, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner, Zoning Services in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500146769 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M. on Thursday, March 27, 2014 in the Hearing Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. SV-PL20130002415 — Jonathan Kukk, AIA of Kukk Architecture & Design, P.A., representing City Mattress of Florida, Inc., requests a variance from the two wall sign limitation in Section 5.06.04.F of the Land Development Code to allow for a third wall sign of 150 square feet on the south facade of the City Mattress building located in the Super Target Shopping Center at the intersection of I- 75 and Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida. There are two other proposed wall signs of 150 square feet each on the west facade toward 1-75, and on the north façade toward Immokalee Road, as well as one proposed ground sign of 60 square feet oriented to the shopping plaza. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida CP\08-COA-00115\129 ',. Q EBO A c 5 Q� A =,74 fn N o Eg Z CENTER a°z_r ii �.z o INTERSTATE-75 s kg- S� CYPRESS WOODS r'C im IF &COUNTRY CLUB O HUNTINCTON 2 P F y N 3 b O m m i I— -0 xo o O 0 pg i> 7' - 5 A I LA z -1 N r N E� gp> �m a �NZ mp � ° N N Acct #076397 February 25, 2014 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: SV-PL20130002415, City Mattress Sign Variance Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, March 7, 2014 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500146717 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M. on Thursday, March 27, 2014 in the Hearing Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. SV-PL20130002415 — Jonathan Kukk, AIA of Kukk Architecture & Design, P.A., representing City Mattress of Florida, Inc., requests a variance from the two wall sign limitation in Section 5.06.04.F of the Land Development Code to allow for a third wall sign of 150 square feet on the south façade of the City Mattress building located in the Super Target Shopping Center at the intersection of I- 75 and Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida. There are two other proposed wall signs of 150 square feet each on the west façade toward 1-75, and on the north façade toward Immokalee Road, as well as one proposed ground sign of 60 square feet oriented to the shopping plaza. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida CP\08-COA-00115\129 ,�� i1 EBOU s A 5 cp, "g asrGR p , g STAnON A ,-, # �^ DOCNEHVTER � � X 4 ci b O INTERSTATE•75 z i> S2 CYPRESS WOODS m sm GOLF&COUNTRY CLUB g HUNTINGTON Z D v Fc. =E' NO O �m N N g N O i o O O i i -DI L - om N I _ z °l^L= ig N ?,T,,. g� >5 Z> T p A N m I N N Teresa L. Cannon To: Naples Daily News Legals Subject: SV-PL20130002415, City Mattress Attachments: SV-PL20130002415 (HEX).doc; SV-PL20130002415 (HEX).DOC; SV-PL20130002415 (HEX).pdf Legals, Please advertise the attached Display Ad w/Map on Friday, March 7,2014.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, February 27, 2014 11:35 AM To: Teresa L. Cannon Subject: RE:Ads Thank you! From: Teresa L. Cannon [mailto:Teresa.Cannon(acollierclerk.com] Sent: Thursday, February 27, 2014 11:35 AM To: Polidora, Carol Subject: RE: Ads I'll resend them now Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @col lierclerk.com From: Polidora, Carol [mailto:cpolidora@ naplesnews.com] Sent: Thursday, February 27, 2014 11:32 AM To: Teresa L. Cannon Subject: RE: Ads Teresa, I don't have those. Did you send them to legals@naplesnews.com? From: Teresa L. Cannon [mailto:Teresa.CannonOcollierclerk.com] Sent: Thursday, February 27, 2014 11:16 AM To: Polidora, Carol Subject: Ads Just making sure you received the two ads I sent earlier.Thanks Tuesday—SV-PL20130002415 Wednesday—Amending Quail II PUD& Pelican Lake PUD Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon To: RodriguezWanda (WandaRodriguez @colliergov.net); GundlachNancy (NancyGundlach @colliergov.net) Subject: FW:#231150816 - CCHEX City Mattress Proof for 03.07.14 Attachments: NDN231150816.CC HEX (City Mattress) Proof.03.07.14.pdf Importance: High Please review and ok,asap.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@coll ierclerk.corn From: Polidora, Carol [mailto:cpolidoraOnaplesnews.com] Sent: Friday, February 28, 2014 2:12 PM To: Teresa L. Cannon Subject: #231150816 - CCHEX City Mattress Proof for 03.07.14 Importance: High Hi Teresa! Please provide approval ASAP for publication on 03.07.14. I think this is the ad for which a duplicate request was sent. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239)263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn.Share. How may we help you?Call us at(239)213-6000 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M. on Thursday, March 27,2014 in the Hearing Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. SV-PL20130002415 — Jonathan Kukk, AIA of Kukk Architecture & Design, P.A., representing City Mattress of Florida, Inc., requests a variance from the two wall sign limitation in Section 5.06.04.F of the Land Development Code to allow for a third wall sign of 150 square feet on the south facade of the City Mattress building located in the Super Target Shopping Center at the intersection of 1-75 and Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida.There are two other proposed wall signs of 150 square feet each on the west facade toward 1-75, and on the north facade toward Immokalee Road, as well as one proposed ground sign of 60 square feet oriented to the shopping plaza. DA V1NCI d ESTATES IN N v OLDE CYPRESS o PECAN w 3 = ° QUAIL LONGSHORE LI STRAND < 2 0 II LAKE E CARLTON (DRI) t z q z 20 21 LAKES 19 w = OLDE CYPRESS 8 PROJECT (DRI) APRIL NPR ZA� E LOCATION L�„E,,, J _ _ ,t„ \z NAPLES-IMMOKALEE ROAD IC.R.846) I Uy,OW QU UNNGSTON — LAKES THE 29 J MAUBU GOLDEN GATE ESTATES 28 •• • BOSLEY/ 30 LAKE UNIT 97 HERITAGE RIGAS GREENS BREEZEWOOD 1 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No.231150816 March 7.2014 Teresa L. Cannon From: Rodriguez,Wanda Sent: Friday, February 28,2014 3:36 PM To: Teresa L. Cannon Cc: Gundlach, Nancy Subject: RE:#231150816 - CCHEX City Mattress Proof for 03.07.14 The ad looks good. Wandiz Rodriguez, ACT Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From:Teresa L. Cannon [mailto:Teresa.Cannon(acollierclerk.com] Sent: Friday, February 28, 2014 2:35 PM To: RodriguezWanda; GundlachNancy Subject: FW: #231150816 - CCHEX City Mattress Proof for 03.07.14 Importance: High Please review and ok, asap.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:coolidoraOnaplesnews.com] Sent: Friday, February 28, 2014 2:12 PM To: Teresa L. Cannon Subject: #231150816 - CCHEX City Mattress Proof for 03.07.14 Importance: High Hi Teresa! Please provide approval ASAP for publication on 03.07.14. I think this is the ad for which a duplicate request was sent. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com 1 Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, February 28, 2014 4:37 PM To: Teresa L. Cannon Subject: RE:#231150816 - CCHEX City Mattress Proof for 03.07.14 Thanks! Released for publication... From: Teresa L. Cannon [mailto:Teresa.Cannon(acollierclerk.com] Sent: Friday, February 28, 2014 3:36 PM To: Polidora, Carol Subject: RE: #231150816 -CCHEX City Mattress Proof for 03.07.14 Looks good,ok to run.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:cpolidora@naalesnews.com] Sent: Friday, February 28, 2014 2:12 PM To:Teresa L. Cannon Subject: #231150816 - CCHEX City Mattress Proof for 03.07.14 Importance: High Hi Teresa! Please provide approval ASAP for publication on 03.07.14. I think this is the ad for which a duplicate request was sent. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn.Share. How may we help you?Call us at(239)213-6000 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s).It may not be used or disclosed except for the purpose for which it has been sent.If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. 1 NOTICE OF PUBLIC HEARING NAPLES DAILY NEWS Notice is hereby given that a public hearing will be held by the Collier County Published Daily Hearing Examiner(HEX) at 9:00 A.M. on Thursday, March 27,2014 in the Hearing Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL Naples,FL 34110 34104 to consider: Affidavit of Publicatiol PETITION NO. SV-PL20130002415 - Jonathan Kukk, AIA of Kukk Architecture & Design, P.A., representing City Mattress of Florida, Inc., requests a variance from State of Florida the two wall sign limitation in Section 5.06.04.F of the Land Development Code to allow for a third wall sign of 150 square feet on the south façade of the City Mattress Counties of Collier and Lee building located in the Super Target Shopping Center at the intersection of 1-75 and Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Before the undersigned they Seine as t Florida.There are two other proposed wall signs of 150 square feet each on the west façade toward 1-75, and on the north façade toward Immokalee Road, as well as one appeared Robin Calabrese, who on oat proposed ground sign of 60 square feet oriented to the shopping plaza. Advertising Director of the Naples Dail m DA VINCI newspaper published at Naples, in Co m B ESTATES IN o 8 E CYPRESS distributed in Collier and Lee counties _ z of QUAIL LONGSHORE attached copy of the advertising, being 1 PELICAN Q EL) = LAKE CARLTON (DRI) t re .t z 20 21 LAKES 19 W t J = OLDE CYPRESS I PUBLIC NOTICE Z PROJECT (DRI) APRIL NOLAZBPoOOKE LOCATION DEVELOPMENT — of PUBLIC T CIRCLE in the matter of r V BLIC NOTICE w o z¢ r■ NAPLES-IMMOKALEE ROAD ;C.R.846) L was published in said newspaper 1 time on March 7, 2014. UVINGSTON — I LAKES 29 MALIBU GOLDEN GATE ESTATES 28 THE BOSLEY 30 LAKE UNIT 97 HERITAGE RIGAS Affiant further says that the said Napl GREENS BREEZEWOOD published at Naples, in said Collier Cou newspaper has heretofore been continud County, Florida; distributed in Collier al All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. each day and has been entered as secon office in Naples, in said Collier County Copies of staff report are available one week prior to the hearing. The file can be year next preceding the first publicatio reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. advertisement; and affiant further says t promised any person, firm or corporati The Hearing Examiner's decision becomes final on the date rendered. If a person commission or refun for the purpose o decides to appeal any decision made by the Collier County Hearing Examiner with publication in t i newspaper. respect to any matter considered at such meeting or hearing, he will need a record of 1 that proceeding, and for such purpose he may need to ensure that a verbatim record / of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (Signature of affiant) If you are a person with a disability who needs any accommodation in order to 1 participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management S ern to and su,scribed before me Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- ' I s 13th da o i Match, 2014 5356, (239)252-8380,at least two days prior to the meeting. i J Mark Strain f ° `►„. L Hearing Examiner (Signature of notary public) Collier County, Florida No.231150816 March 7.2014 I -.0`:',.r.• CAROL.POLIDORA ,;?. r `:.z n MY COMMISSION#EE 851758 ;* EXPIRES:November 28,2014 ' ,,,DF ;,o` Bonded Thru Pfchard Insurance Agency 22A D Friday,March 7,2014 )) NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.on Thursday, March 27,2014 in the Hear ng Examiner's meeting room at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. SV-PL20130002415 - Jonathan Kukk, AIA of Kukk Architecture & Design, P.A., representing City Mattress of Florida, Inc., requests a variance from the two wall sign limitation in Section 5.06.04.F of the Land Development Code to allow for a third wall sign of 150 square feet on the south facade of the City Mattress building located in the Super Target Shopping Center at the intersection of 1-75 and Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida.There are two other proposed wall signs of 150 square feet each on the west façade toward 1-75, and on the north façade toward Immokalee Road,as well as one proposed ground sign of 60 square feet oriented to the shopping plaza. m DA VINCI ESTATES IN o y _ OLDE CYPRESS 3 z o QUAIL LONR / PELICAN o z II LAKE GSHO E STRAND N CARLTON (DRI) a! Z 20 21 LAKES 19 = OLDE CYPRES PROJECT (DRI) NORTHBROOKE LOCATION OEKIOPUENT APRIL PLAZA CIRCLE lNAPLES-IMMOKALEE ROAD IC.R.846) L Zw OV LAKES 29 MALIBU GOLDEN GATE ESTATES 28 THE / LAKE UNIT 97 BOSLEY 30 HERITAGE RIGAS GREENS BREEZE WOOD All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain Hearing Examiner Collier County, Florida No.231150816 _ __ _ _ March 7.2014 Court Reporter AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON MARCH 27, 2014, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES— March 13, 2014 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20130002079 - Artesia Naples (Master) ASLI VI, L.L.L.P. is requesting an insubstantial change to the Lands End Preserve Residential Planned Unit Development (RPUD), Ordinance No. 2003-04, to modify development commitments relating to off-site transportation improvements, to provide for additional off-premises directional signage, and to amend the PUD Master Plan to reflect a change in location and reconfiguration of the Recreation Center (RC). The subject property is located on the west side of Barefoot Williams Road, north of Tower Road, and southeast of Wentworth Estates PUD, in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida consisting of 262.9±Acres. [Coordinator: Kay Deselem, Principal Planner] B. PETITION NO. SV-PL20130002415 – City Mattress of Florida, Inc., requests a variance from the two wall sign limitation and the 60 square foot wall sign size limitation in Sections 5.06.04.F.2 and .— 5.06.04.F.4 of the Land Development Code, to allow for a third wall sign of 150 square feet on the south facade of the City Mattress building located in the Super Target Shopping Center at the intersection of 1-75 and Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, Principal Planner] 5. OTHER BUSINESS 6. ADJOURN AGFNDA ITFM 4-8 n Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING &ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: MARCH 27, 2014 SUBJECT: PETITION SV-PL20130002415,CITY MATTRESS SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: Agent: Mr. Stephen Schiller Mr. Jonathan Kukk, AIA City Mattress of Florida, Inc. Kukk Architecture& Design,P.A. 12660 Bonita Beach Road 1300 Third Street South Bonita Springs, FL 34135 Naples, FL 34102 REQUESTED ACTION: The applicant is requesting a variance from the two wall sign limitation and the 60 square foot wall sign size limitation in Sections 5.06.04.F.2 and 5.06.04.F.4 of the Land Development Code, to allow for a third wall sign of 150 square feet on the south facade of the City Mattress building located in the Super Target Shopping Center at the intersection of I-75 and Immokalee Road. GEOGRAPHIC LOCATION: The subject property is located in the Super Target Shopping Center at the intersection of I-75 and Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County. Florida. (Please see the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The subject property, the City Mattress building, is a proposed building that is to be sited on an outparcel that is located in the Super Target Shopping Center at the intersection of I-75 and Immokalee Road. (Please refer to the Aerial on page 6.) SV-PL201300002415 Page 1 of 9 March 5,2014 c,(2-' 1 1, , , st J<LEE COUNTY PUD 7 law.,— r 011•oa•a 08/1_m R PAD 1i PUD wa °q , . Ma 1 1 Ill ij 1 ‘41. . Ma MAO Peal PCPs • ='—', _..— 411".. 11111 / / it_ PROJECT f / LOCATION .. c SITE vacua Boas (cA a a ■� ms•••••• .m ,.111.1* C/ i imam ors-law r Let i 1 w . � off .®.. _ , Vitli gun a A A • Can 1 wimp-.' ---.---.----1-111 ..."."'li a.• r am wt..New —TT U97 AMC OW MAD AA >E R • MCP OM UN :Ital."' ` • 9 ST �a•�.ate_ Y r obi III;aw am! l. ...•-a= ; ' tl \ t • a N � •aR^1�.w 1•7 a F ,a.r a WV i ,. ; l� LOCATION MAP ZONING MAP PETITION SV-PL-2013-2415 CE f __----O of ' PROPObEU 1b0 S.F. 11 , �_ t __- WALL SIGN — ._......___....r .,_7r...._ . , 9....„___,1 if kg —— ' - lo as so ...: SOW r•-Ill' I �' r----N 1 c .. I , CityMattirebs r PROP 150 S.F. if I., ?E+" 1 ALL SIGN I i BURGER • .A� ,c n KING —.1 ; ROPOSED 150 S.F.WALL SIG �.� --"J Mt>'Z'µ_: � r (VARIANCE REQUESTED) •� `. - '� O PROPOSED 60 S.F. MONUMENT I r--�__ :J L.'. SIGN(FINAL LOCATION TO BE `—�— �! -' !� I r y — DETERMINED DURING PERMITTING) __ —_ - - I/ - — —--_ . __ei_ ___ ...t1'306 S�mega 5620 Soccer c n CITY MATTRESS CITY MATTRESS ,, ' AGO Alk n Fort Myer,R 33919 OF F FLORIDA,INC AT wort f RATA Consulting Group c.w..28291 &vino Sprtnga,n. WE RAN &had PRAWN m. JM' ✓iv;e I M,Itlyrrnez i C1.4EnQi^eeingW./WS SION LO AVON0 ityf 11 Mattress Scale: 1/4"=1' C97 The 1-story building has two proposed 150 square-foot building wall signs for "City Mattress" that are to be located on the north (front) building façade facing lmmokalee Road and on the west building façade facing towards I-75. There is also a proposed 60 square-foot ground sign along the access drive facing towards the Super Target Shopping Center to the south. These proposed signs would be permissible under the LDC Sign Code. The petitioner is requesting a Sign Variance from three Sign Code provisions to allow for a third, 150 square-foot building wall sign to be located on the south building facade. The proposed building wall sign will be oriented towards the access drive and Super Target Shopping Center to the south. Two of the requested variances relate to outparcels under LDC Subsection 5.06.04. F.2.a., to allow for a 150 square-foot building wall sign (as opposed to the permissible 60 square-foot building wall sign)and to allow for an additional third wall sign. LDC Subsection 5.06.04. F.2.a. states: "2. Outparcels. In addition to the above requirements. signs for outparcels. regardless of the size of an outparcel, shall be limited to the following: a. In addition to any wall signs permitted by this Code, outparcels may by allowed 1 additional 60 square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case shall the number of wall signs for an outparcel exceed 2 signs; A third variance is sought from LDC Subsection 5.06.04. F.4. which states: "4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each unit in a multiple-occupancy parcel. End units within shopping centers and multiple-occupancy parcels. or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall. " The third variance request, like the second variance request, will allow for an additional third wall sign above and beyond the permissible two wall signs. As depicted on the Site Plan on page 3, the subject sign of this sign variance is identified as "Proposed 150 S.F. Wall Sign (Variance Requested)" along with the two other proposed building wall signs for "City Mattress." As previously stated, the other two proposed wall signs and the proposed ground sign are signs that would be permissible under the LDC Sign Code and are not part of this variance request. They have been shown for informational purposes only. SV-PL201300002415 Page 5 of 9 March 5,2014 62--- • * „i ....„ - - -r mat mettuesk I , 3, „„ „. , , p, .pm: '. 1 11 '•• • Subject Site . , #' , I, A 1 L 4+ q 1� .11 i ,„ , 4 , �e{y 1 _ .: :... is, , _,1 ...., : .,„ , t - , , , id t 1 3 - . ' ., .1 ; 0 ,4 ,4 to..k. , i :i .i... .;:opv d, v, lt , ki.;*, ,- ry 1 it, ,.. _. . _ ... .L...... ...... ■ 1 -.r, i.../ ,ftra fill 8 it { . �4 ~ AM . z - 1 r ,. Com.r GenMY°+so.nr•n+aw N+rw.tL. ,`"' k .,• AERIAL PHOTO of SUBJECT PROPERTY 4 SURROUNDING LAND USE AND ZONING (of Subject parcel): North: Immokalee Road (CR 848), a 6-lane principal arterial road and then commercial businesses with a zoning designation of Northbrooke Plaza PUD South: parking lot and then a Super Target, with a zoning designation of Malibu Lake PUD East: an outparcel with a Burger King Restaurant with a zoning designation of Malibu Lake PUD West: a stormwater management area with a zoning designation of Malibu Lake PUD and then Interstate 75 GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: The subject property is located in the Urban Designation, Interchange Activity Center Subdistrict of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual variance requests but focuses on the larger issue of the actual use. The proposed '� commercial use is consistent with the Future Land Use Map. SV-PL201300002415 Page 6 of 9 March 5,2014 Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ANALYSIS: The decision to grant a sign variance is based on the criteria of LDC Section 5.06.08.B. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. The subject property is surrounded by roadways on three sides. Two of the roadways are major roadways: I-75 is to the west and Immokalee Road is to the north. To the south is an access drive aisle for the shopping center. Furthermore, the I-75 right-of-way is inclusive of an approximately 200-foot wide stormwater management area that is located between the Interstate and subject property. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The literal interpretation of the provisions of the sign code would not deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district and cause unnecessary and undue hardship on the applicant. However, if a literal interpretation of the LDC provision is applied, then the applicant will not be able to have additional building wall signage facing towards the shopping center and access drive aisle. This is because the two other building wall planes facing I-75 and Immokalee Road will have the two permissible wall signs allowed under the LDC. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. As previously stated, the subject property is surrounded by roadways on three sides. Two of the roadways are major: I-75 is to the west and Immokalee Road is to the north. To the south is an access drive aisle for the shopping center. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. A variance by definition confers some dimensional relief from the zoning regulations specific to a site. The granting of the sign variance request would allow for additional building wall sign on the south facade of the building. This sign variance confers special privilege on the applicant. SV-PL201300002415 Page 7 of 9 March 5.2014 e. That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The purpose of the requested sign variance is to allow for an additional, third building wall sign which is a larger sign than is permissible by the Sign Code. If the Conditions of Approval recommended by Staff are followed, the reasonable use of land is possible. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Section 5.06.01.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs: 1. Lessen hazards to pedestrians and vehicular traffic; 2. Preserve property values; 3. Prevent unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight; 4. Prevent signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county; 5. Assure good and attractive design that will strengthen the county's appearance and economic base; 6. Preserve the right of free speech and expression in the display of signs. It is Staffs opinion that the request for the additional wall sign meets the purpose and intent described above except for item number 4. If the proposed wall sign met the sign code prescribed size of 60 square feet. it would be large enough to convey information regarding the activities on the property. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for SV-PL20130002415 revised on March 5. 2014. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a decision to approve Petition SV-PL-20130002415 as to the variance for a third wall sign, but to deny Petition SV-PL- 20130002415 as to the variance for a wall sign exceeding 60 square feet subject to the following condition of approval: 1. The additional building wall sign is limited to the south façade of the subject building. SV-PL201300002415 Page 8 of 9 March 5,2014 PREPARED BY: Y V1.1) V eb ) p '0�/YJ. �%t.(l litJ 1 NANCY G VACi AICP, PRINCIPAL PLANNER DAT.t DEPARTME T OF PLANNING AND ZONING REVIEWED BY: RAYM D V. BELLOWS,ZONING MANAGER DATE DEPAR ENT OF PLANNING AND ZONING 2. ae - 1y MICHAEL BOSI, AICP, DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING Attachment A: Letter of No Objection Attachment B: Letter of Objection SV-P1201300002415 Page 9 of 9 March 5.2014 30 5.MERIDIAN STREET C9 SUITE 7100 ■NDIANAPOU5.IN 46204 317.577.5600 FAX 317-577.5605 www.krt¢mai:y.cor, Janaray 1, 2014 REALTY GROUP Marc Schiller. City Mattress of Florida. Inc. 12660 Bonita Beach Road Bonita Springs, Florida 34135 Re: City Mattress Tarpon Bay Plaza 2423-3/ Tarpon Bay Boulevard Naples,Florida 34119 Dear Mr.Schiller: This letter serves as acknowledgment and approval of the pending sign variance for City Mattress at l itrpon Bay Plaza located in Naples, Florida. Kite Realty Group acknowledges Collier County may require a detailed explanation as part of the submittal process. Please note, the cost of this variance is solely the responsibly of City Mattress. Furthermore, Kite Realty Group is currently in negotiations wi City Mattress with the intent of selling the parcel in question to City Mattress. Darnella Decot Tenant improvement-Project Manager Cc:Lease file The foregoing instrument was acknowledged before me this day of 2 o! (year)by DAR sie I A OCGOT (name of person)as 14:4-15ECT MAN A E12 (type of authority)who is personally known to me. Signature of Votary: aJ Printed Name of Notary: _ //AVnl Eire- fit(_ (dgE/Z. County of: H/4/2r on My Commission Expires: s/41 aoa_a State of: IN��?N,4 RAYNETT BAKE Notary pubfl ,State o;kutfan� SEAL F+tY Commfse#on Expirog W020.6 KRG NYSE. Attachment A GundlachNancy From: Rochelle Dowling [rsdd6 @optimum.net) Sent: Wednesday, March 12, 2014 4'44 PM To: GundlachNancy Subject: RE: CityTHANKS Mattress Sign Variance Information DEAR NANCY, THANKS SO MUCH FOR THE INFO. THIS IS TERRIBLE FOR NAPLES. IMMOKOLEE ROAD IS SO BUSY TO EVEN THINK OF PUTTING A SIGN ON IT TO DISTRACT DRIVERS. IT IS UNTHINKABLE! THE NAPLES DAILY NEWS SAID IMMOKOLEE ROAD BY I-75 HAS THE MOST ACCIDENTS IN THE COUNTY. NEXT IS PINE RIDGE. ALSO, WE DO NOT WANT LARGE SIGNS IN NAPLES!! PLEASE STOP THIS. THANKS. BEST, ROCHELLE On Wed, Mar 12, 2014 at 02:01 PM, GundlachNancy wrote: Hi Rochelle. Attached please find inhumation regarding the City Mattress Sign Variance petition. Sincerely. Nancy Nancy Gundlach. AICP, PLA # 1244 Principal Planner. Planning& Zoning Department Growth Management Division Attachment B SIGN VARIANCE PETITION LDC Section 9.04.00 PROJECT NUMBER PROJECT NAME For Staff Use DATE PROCESSED APPLICANT ;` OWNER INFORMATION PETITIONER'S NAME: Stephen Schiller, of City Mattress of Florida, Inc. ADDRESS 12660 Bonita Beach Road Bonita Springs, FL_34135 PHONE# 239-908-2700 CELL# 239-560-8611 FAX # E-MAIL ADDRESS: stephenschiller @citymattress.com AGENT: Jonathan Kukk, AIA FIRM:_Kukk Architecture & Design, P.A. ADDRESS 1300 Third Street South Naples, FL 34102 PHONE# 239-263-9996 CELL# 239-272-2724 FAX # 239-263-9997 E-MAIL ADDRESS:_jkrooster @embargmail.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. . DESCRIPTION OF SUBJECI PROPIR1v SECTION/TOWNSHIP/RANGE:Section 30/Twp 48 South/Range 26 East PROPERTY I.D. # Folio 24745002064 SUBDIVISION NAME: Malibu Lake Lot 4, Tract E, Brentwood Two Plat, as recorded in PB 53, Pages 71 & 72 METES & BOUNDS DESCRIPTION: See Attached ADDRESS OF SIGN LOCATION: SDP 2004 AR 6975 (as Ammended) CURRENT ZONING: VACANT COMMERCIAL LAND USE OF SUBJECT PARCEL: Length & Height of wall upon which the Sign will be secured: Entry Tower_34' Wide x 25' High and the overall façade is 106' Wide (If Wall Sign) Width of Subject Property: 284' frontage Immokalee Road & 250' Frontage 1-75 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. The project is the new City Mattress located at the Super Target Shopping Center. The Variance Request is for a third wall sign of 150sf on South facing façade toward the Super Target Shopping Center. The three other allowable signs are two wall signs (150sf each) oriented to the other two frontages at Immokalee Road and at 1-75 and an allowable ground sign (60sf) oriented to the shopping plaza. The code sections we are seeking relief from are LDC Sec. 5.06.04(F)(2)(a) which states: "In no case shall the number of wall signs for an outparcel exceed 2 signs," LDC Sec. 5.06.04(F)(4) which states: "End units within shopping centers and multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public right of way, shall be allowed 2 signs, but such signs shall not be placed on one wall," and LDC Sec. 5.06.04(F)(2)(a) which states: "Outparcels may be allowed 1 additional 60 square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right of way." Request is for relief from the limitation of two wall signs due to the unique condition of three public frontages: Super Target Shopping Center, Immokalee Road, & 175. In addition request that the size limitation be set at 150sf max for the third wall sign to facilitate visibility within the shopping center and to maintain the intended architectural continuity and scale of the three primary facades required by the Collier County Architectural and Site Design Standards. The outparcel is located at the far diagonal corner away from the entrance to the shopping center. This long view renders the ground sign invisible until very close to the City Mattress parking entrance within the center. There is also no available pylon signage on the main plaza entry for cars travelling into the Super Target Shopping Center due to this outparcel being last to develop. The larger South wall sign will facilitate visibility and reduce possible future public and delivery confusion. ,C -4 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address the following criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes. The site has three main public frontages, two on major public right of ways and one internal to the shopping center, creating a unique three facade condition. The building has been designed to meet and or exceed the Collier County Architectural and Site Design Standards with respect to frontage with three main facades designed facing these three public rights of way. 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. Yes. The site has the unique three frontages condition. In addition the outparcel is located at the far diagonal corner of the shopping center and as such is approached from the east requiring travel across the full center parking lot. This southern front entry facing the center will act as the true public front door to the building and would require signage for clarity and to eliminate circulation confusion within the center. 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. Yes, not allowing additional wall signage to the shopping center frontage will create recognition and circulation safety concerns within the plaza. 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, The purpose of the requested Sign Variance is to allow for an additional wall sign for the building that is not otherwise permissible by code. The additional wall sign will face the internal center parking and access area of the project. Furthermore, the additional signage granted by the proposed Sign Variance will aid patrons and the public in identifying this retail establishment. 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. The granting of this Sign Variance request would allow for an additional wall sign due to the sites unique condition of three main public frontages and would not specifically be denied to any other development in the zoning district. 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. Section 5.06.01.A of the LDC states that the purposes and intent of the LDC relative to signage is to ensure that all signs are: 1) Compatible with their surroundings. 2) Designed, constructed, installed and maintained in a manner that does not endanger public safety or unduly distract motorists. 3) Appropriate to the type of activity to which they pertain. 4) Large enough to convey sufficient information about the owner or occupants of a particular property,the products or services available on the property, or the activities conducted on the property, and small enough to satisfy need for regulation. 5) Reflective of the identity and creativity of the individual occupant. This sign variance rises to the standards listed in the LDC purposes and intent relative to signage. 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? Yes. The proposed variance signage facing South is located within the shopping center plaza and significantly blocked by other buildings from public view outside the development to the South and the surrounding neighborhoods. 8. 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. SIGN VARIANCE PETITION (SV) APPLICATIO UBMITTAL 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. Completed Application 12 X Completed Owner/Agent Affidavit, Notarized 1 X Pre-application notes/minutes 0 n X Survey or Site Plan of property depicting the following: 12 X a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs-(labeled as such) d) Existing sign setbacks & proposed sign setbacks Location map depicting major streets in area for 1 X reference Electronic copy of all documents and plans on CDROM 2 X Fees: Application Fee = $2,000.00 Fire Review Fee $50.00 Legal Advertising Fee for CCPC = $925.00 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. I understand that failure to include all necessary submittal information may result in the delay f process this petition. 1l- 1i- 13 Applicant/Ag- Signat re Date AFFIDAVIT a/J(1 /14 We/I, q-eih�'► 7��►:tt�, I CiWI Vf sS a4-(being first duly sworn, depose and say that we/I am/are thewners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize I d" g k to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner sfq tit Cc 55 Typed Ur Printed Name of Owner 0,/ �0� ti J...., Typed or Printed Name of Owner T g foregoing trument was acknowledged before me this / day of 0.0e,,,.2w► r, 20 1 3 , by h-e-(1 De-GA t ! e("` who is personally known to me or has produced as identification. 441% , ,�NIFER BAILARD ' :+f MY COMMISSION A EE 871178 •∎•ture of N•tary Public State of Florida) EXPIRES:February 3,2017 Atm./1,v Bonded Thru Notify Public undeneltere a/71-2i 1 6t. /1ere-I (Print, Type, or Stamp Commissioned Name of Notary Public) August 30,2010 41 \ ' t �t - r„ I I II rym w U ---I—I_ - - `jN N 'O~ 1 r _ ;. p t - C I1 Y 10, J i (1 (1 I F I II II I � � � pr". _ WilantiSMONctrataSainiiiiiiii . i. . EIN„, , 1 , , . -- z ___ •b I t 1 <ow ,� zmz ( I a, w II —,_ �t� AFC��R' O .0 tl— ' Z r,1 F; ri—lir z O .1 Li :: � w . —1 . ILI k. Q Jw U) —J 0 w x .-- � O Z p I A m o f. L.L `W^ E Q c ` N O �• � � �/� w fI a l i5�a�V �y!��y�L'p , u/ w V J z V7 T N H En • +�'S L";s �„` ..'K85NS XiGJlA1C.S.;�'.A �9; O Z 0 O Z p I " { i 0 < 1:1- LI-I TN Q. = I o o , l 0 E .±-7.. ° — — ------ -- -19:2---- - 1 7 ....j ...., cn -- ---, . .. ....._. , 4 ,., \ 0_ ---- -- 1 \ _ 1 _N d . ' ` o r"---` _o 1 ., U Wd E4 i, E ElOr/Z LIZ L'6,+P-00dSBOE LR00TtldOS\ssaueriktasloapm\sBmp\:0 U W°J - a= 2 no 0 1— go w kJ_ 'a Tarpon Bay BIN,' 4 E yU°N ., z.n Tarpon Bay Blvd > 2406 x Q 6 w al M Z E li 8- Q p To g.° w Q aQ Z 0 CC U U � w ' —1 can z r /1°0 . r 2 " , U O # 4 r. 4 4. tgl � M v m C O AO 2 lt O) ya �R Oa au aaam \ w LOi U c 0) C I 0 a ; VJ2 U V ( ,,,T),,,T)W C E C o m t ` a C .� "cam r 3 m 6a m WV 0 006 EL0C9Z/8' +P dVW�OI\ssaiueyyA)i�\spafad\s6Mp\ 5/28/2913 9:16 AM From:Omega Consulting Group, LLC To: 12392525724 (13.>`5 C:o ei county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES,FLORIDA 34104 WWW.COLLIERGOV.NET (239)252.2400 FAX (239)2525724 ADD ESSiNG. CHECKLIST Please complete the following and fax to the Addressing Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must, be signed by Addressing personnel prior to pre. application meeting, please allow 3 days for nrocessinq. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(indicate type below, complete a separate Addressing Checklist for each Petition type) El BL(Blasting Permit) El SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) Q Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) El SIP (Site Improvement Plan) 0 EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR (Street Name Change) El LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) El PNC (Project Name Change) ❑ TDR(Transfer of Development Rights) El PPL(Plans& Plat Review) ❑ VA(Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) BRENTWOOD TWO LOT 4, TRACT E AS RECORDED PB 53, PAGES 71-72 / /z�6 s ( FOLIO (Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 24745000545* (OLD FOLIO, NEW NUMBER SINCE REPLAT IS NOT ONLINE) STREET ADDRESS or ADDRESSES(as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) C l"a/1ress A Surer r of PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR ft 6975 8/28/2013 9;16 AM From:Omega Consulting Group, LLC To; 12392525724 3 of 5 $ ! OontntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES,FLORIDA 34104 mys wIR t:__ ET (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) N/A Please Check One: Q Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: JAY WESTENDORF, AGENT PHONE 239-470-4156 FAX 23g-204-2049 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY �f FLN Number(Primary) ;I/7` 005?c Folio Number Folio Number Folio Number r_ Approved by: 1�1 .� " - � Date: I'—j 3 Updated by: / Date: IF OLDER THAN 6 'MONTHS, FORM 1UST BE UPDATED OR i VEWW FORM SUBMITTED 30 5.MERIDIAN STREET SUITE 1100 INDIANAPOLIS,IN 46204 317-577-5600 FAX 317-577-5605 "am\ www.kiterealty.com January 1, 2014 MITE'4 REALTY GROUP Marc Schiller City Mattress of Florida.Inc. 12660 Bonita Beach Road Bonita Springs, Florida 34135 Re:City Mattress Tarpon Bay Plaza 2423-31 Tarpon Bay Boulevard Naples, Florida 34119 Dear Mr.Schiller: This letter serves as acknowledgment and approval of the pending sign variance for City Mattress at Tarpon Bay Plaza located in Naples, Florida. Kite Realty Group acknowledges Collier County may require a detailed explanation as part of the submittal process. Please note, the cost of this variance is solely the responsibly of City Mattress. Furthermore, Kite Realty Group is currently in negotiations wi City Mattress with the intent of selling the parcel in question to City Mattress. a/L.445,d_ Darnella Decot Tenant Improvement-Project Manager Cc: Lease file The foregoing instrument was acknowledged before me this I _day of 3tutuo-v _, 2ot`{ (year)by_act sarrt~l3r<1 'Pee OL (name of person)as eRta "C MAtO A et Ea_ (type of authority)who is personally known to me. f Signature of Notary: ej-421 ‘i Printed Name of Notary: _ J2AY Al '7TH Pz-i 6N1.4E7C County of: Jt-,44R1 017 My Commission Expires: Sit,./.2c,.:? ) State of: IN c:1r /4 RAYNETTE N.BAKER Notary Public,State of Indiana SEAL KRG My Con-minim Expires l� 1_1:11 11 NYSE. -\\ co �V L I rin I I=1 .1 Oir T 3 } :41 „ R _* I ..,- ,,,„„mi I : / - a a g fi _ h Ili ' 8 .. ;s ' LI . . ', ... ,, .., .. ,.., . ..„ ..,.. . ... , .. ., ' ., 1,, ,i ,,, ,,,,,*, , . ••. ''i., 4 tea, a r i._. ..1.....,...?..,,,,z,,...,,,.,, ..„..._ 1. 8 i r r . rE w ry r; i Srsr - . i i ;, ' ." ,',i.:1°:.:1'.::,!;',.:.,!.,.::__:-_,,:'.:, S i ii , ,, ,,,,,,. , . 1,:•:,,,,,.:„,. - ,..,,,, -,,,......— .f,,.:,,,,, ..,,,,,,,,,,,:,:,,,•:„..•!,:,...,',..•.'.i..ii.,,,,!'',-•••••'.',i,...=.1:11:',,..•,.,:::,...,:.:11,':,•••.:',.•••,.,,.:• ' . R -.......7-7 •,.1., ,,,,,,,„ ...,....1.,• tior SEC+ s �t " -li r , , , li'' '7. ,s, ■ ri,,,. ... . ., ,. ,..„ „„, , , \ .. . .,,,i. N .. F� :, — t, PPS 4 qyy�� 1 A9MWh^^� r ' ' .1 ...... . .,a icy , . ....„_.____ _---- ''' ... - .. ., __,.....- ._... ... ..... ,. ....... 1 s ( 5w , IM1F .., ‘,.. , tttiii Vii" - r., i . t . ie � 4111 p f A '''''' 1 ft /� r .„ r Et I T — c__) ii,..-liti,;.'::0.''.4',:::i.:':''...'.,,..',.:.'..;--;''1,i.'0-7,1-.'5.'1,:'.;.''...t•.:, . ' it '4.., '.i.1,,ILIIIII:iii..��I \\�\\\\\\\'\ __ . _„...,..,.i... 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T \ = isi j T1\` J g / ,.1 1, 1y �, .___;,41,;,..... _ ' ' 'i. / _. i I ., !Yr r ' 0 i / s 4..Aili ,, .. 4 ! 4- ..iF,. ___-:5_,=_i-,,z_• u ss:,::,.,„: ,,„,_.,........, ..,,,„.„..,,,,„,,,,,, — a' CR AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property o ,: 's list,which are hereb 1t.•i.e a part of this Affidavit of Compliance. (Sign. -fie of App ant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this I4 day of 2014 by 'JO A R u k k ,who is personally known to me or who has produced as identification. ,1 f / (Signature of Notary Public) � ] f (Notary Seal) l_'. L wi vi Printed Name of Notary 7' P.C.LEWIN ! •_ . MY COMMISSION t FF 038619 �� EXPIRES:November 23,2017 gio. sanded Tin,Notary Public undenw+ers C, mama wwwaammm mmm-nmmm-r7 mammm , \ \ ) \\} - \\ ioz \ \® Ama § a ; ak $ $ - - mn zz ocoo 2 $ § 3 22 , # ) 88 o ; ) ) { 2 \/ " \ \ a ; , § § § ) 5 § � � § m ` ! mm A ee ; s3 02\ [ { ; zo '9 0>0 0 -■ & ) § \ \ zz ( ) ) C / } 0 ° � OZ ) k z \ \ ■ 2 00 3 § K § !1-3 n § § § 0 - 2 ` m 2250 @ % 0,3» n , � ) § \ 5 ^ _Opo w > q ` } z 0000000 \rs 2 _ , , , , � / § §g « % ) ) GeGI7zz K * ; ' ! ! ; m0007 : ® 0 0 0 > mule ; )0 ; ,, 2 § -. » „ § § § ( � � � A N■6 "V54 KUKK ARCHITECTURE & DESIGN, P.A. Date: January 06,2014 To: Adjacent Neighbors Dear Property Owner: Please be advised that the sender has made a formal application to Collier County on behalf of City Mattress of Florida Inc. for a sign variance from the requirements of the zoning regulations as they apply to the following described property: Proposed City Mattress building located in the Super Target Shopping Center at the intersection of 1-75 and Immokalee Rd, Naples FL. It is our intent to ask the County to allow us an additional wall sign of 150s.f on the south facade of the proposed building facing the parking lot on the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, you may telephone us for further information. Please be advised that our request should not adversely affect your property interest. Sincerely, Jonathan P. Kukk, AIA President 1 300 THIRD STREET SOUTH,SUITE 203E • NAPLES,FLORIDA 34102 (239)263-9996 FAx(239)263-9997 SIGN POSTING INSTRUCTIONS -- (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public,not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE.THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED 4 ems+ 41.14A...) $.k,,,l4V--... WHO 0 OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIE COUNTY LAND D VELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER V.- 7 2.0 l3 0002 5 I 3° Tit g-o '5r- 5. SIGNA • APPLICANT OR AGENT STREET OR P.O.BOX �. l�tl� °fit. 3.41 l 0 2- NAME(TYP G.' I TED) CITY,STATE Z1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this_____ day of 201 if, by personally known t m r who produced as identification and who did/did not take an oath. A-I ik-- :Aide)/ I.: ':.: MY COMMISSION#FF 094027 Sig . Mir'�"- of Notary Public kik�..,gr EXPIRES:February 19,2018 pr y` Bonded Thru Notary Pubic Underr tlers Al V L i l .--- C—TE-117 Printed Name of Notary Public My Commission Expires: (Stamp with serial number) F:\Website\AFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5-2-05.doc 44. L ,,. ... L) c • Y .'Ra. fp• ■ • 7r.si f. �' i. •. '..4 • }" b V. •_ •8. 9 ._ �' it 4 ,QI :7.K:I �M yy'ii . I. 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C.- a � y , C) ,ft a. c E ��;,,, 41) I 0 t,1 ci) CL ea 0 J Z OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP (� DATE: April 8, 2014 RE: Hearing Examiner Decision(s) from March 27, 2014 hearing Attached is a signed HEX decision from the March 27, 2014 Hearing Examiner hearing, which is the only decision from this meeting. Attachments: HEX No. 2014—07 05-COA-01253/744 HEX NO. 2014—07 HEARING EXAMINER DECISION PETITION NO. SV-PL20130002415 — City Mattress of Florida, Inc., requests a variance from the two wall sign limitation and the 60 square foot wall sign size limitation in Sections 5.06.04.F.2 and 5.06.04.F.4 of the Land Development Code, to allow for a third wall sign of 150 square feet on the south façade of the City Mattress building located in the Super Target Shopping Center at the intersection of I-75 and Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida. DATE OF HEARING: March 27, 2014 STAFF RECOMMENDATION: approval as to request for third wall sign, but denial of the variance to increase the size of sign. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.06.08 B of the Land Development Code has only partially been met, and therefore the petition should be approved in part and denied in part. ANALYSIS: The proposed building is located on a corner out-parcel with frontage on both Immokalee Road and I-75. As a result the two wall signs allowed by the LDC would meet the needs for these frontages, but the rear facade could not have an additional sign without this variance request. The rear façade faces the parking lot for this proposed building as well as adjoins a larger parking lot that services the Super Target department store, which is the primary anchor tenant for this shopping center. The need for a rear sign, since that is the access point for customers, is important for the public to adequately locate this building once maneuvering inside this large shopping center and parking area. The parking field between the applicant's proposed building and the existing Super Target is approximately 500 feet wide. The second variance was to allow the rear sign to be increased to 150 square feet, the same size as each of the two frontage signs. The applicant stated this was necessary to accommodate uniformity with the other two signs since all of the facades where the signs would be attached are of the same design. Because of the traffic pattern within the rear parking areas and consistent with other internally related signs within that shopping center, it is not necessary that the rear sign be of a size equivalent to the others. Staff recommended that the third sign remain consistent with what is allowed by the LDC, 60 square feet, and the applicant agreed. Staff reported three calls have been made from citizens concerned about the variance regarding the increase in size. One had contacted the Hearing Examiner and believed the variance was for the sign facing Immokalee Road and therefore that citizen was against the variance, stating we do not need larger signs. In talking with staff about the complaints received, the concerns seemed primarily about the increase in the size of the sign, which the applicant has since agreed is not necessary, and by this decision the size of the sign is not being increased. 1 of 2 DECISION: Petition SV-PL20130002415, filed by Jonathan Kukk, AJA of Kukk Architecture & Design, P.A., representing Stephen Schiller of City Mattress of Florida, Inc., with respect to the property hereinafter described, is hereby approved for the following two requested variances only: • From LDC Sections 5.06.04.F.2.a and 5.06.04.F.4 to allow a third wall sign on the south façade of the City Mattress building, in excess of the two wall sign limitation. However, the following requested variance is denied: • From LDC Section 5.06.04.F.2.a to allow a 150 square foot wall sign on the south façade of the City Mattress building, in excess of the 60 square foot limitation for a permissible additional wall sign on an outparcel facing a shopping center where the sign is not oriented towards any public right-of-way. The subject signs shall be constructed as shown on the Proposed Site Plan attached as Exhibit "A", and shall be subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Proposed Site Plan LEGAL DESCRIPTION: Tract E, Brentwood Two, Lot 4, as recorded in Plat Book 53, Pages 71 and 72, in Collier County, Florida. CONDITIONS: 1. The additional building wall sign is limited to the south façade of the subject building. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. P Date M. ■ Strain, Hearing Examiner Appro fo and legality: Scott A. Sto e Assistant County Attorney 13-CPS-01272/16 2 of 2 \ ., _ ......s., ,:,.) :..... .>. ,„, z 0 . mews var. WM= MN. 411TAMI MOON IMIOM =HMI MOW=MEI ,, M , ... N •■••.< ••• > 4 te R Lilv-1 411 ' •• , :: :.•\ r i ;.F.. w 0 (-D z t---1:1 '. T.:. \, k1 • L___Th :',-, ':'' D R rk-x„,_.,...,, _ 1:A*;:g-s:N ._-_I l' F * r__.■ „ ° ! : I I I . 4:4' I ''''A.....I.•l'i:tir'!";...4. .:,,•.'•,; , , , , ,, ,1:24.'..N...S‘' '•••.•,' • •"•t 1,:',.=;',..Af„1111:9''/..r .qein'gp;,Vli''';.{Q'C:!:'A'4.',',•••79. . .1,,.. 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