HEX Final Decision 2014-07 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,,.. '■,, 47,1. 1
17;.,.._. .,:.-... . . .,..,.,t..,:7_:_7„. :...,. .....:...:
1.,
I w
: 1
ei r—/
1 n r)
I r..i 1 i
1 1 1 1 1
• 0 I U I I I d— K,_LI,j1
li ,
I 1 ) , I
1
fa Ln
• • 0 • •
,. .,
''''''.....•'. .. ' , 't . . 11'''',:. .-. .7. - II
,k,,,: r-- — 1,,i,- - w„,,;•
. * • ,,,,,,,,!
i
f Mail Cf)(..)
...
* ,14,.
''.,! _ ()Z
44 3: 71 I
i, < cc(5L, x
( I 1 ' :«-•
Cg
.1.s.
r 0•
LIJ Z I it:
fa 1:5-::,',%..'',■,'1' ' ' 0 — °0 (1)
--....,
t... a)
Z 11—I ce
4 ,
.... 0 ,
< p_
(1 (7:7_,1 C9 ,i,..! C.9 uj ..• 0 lic,
Lia , w 0,
, <
i I
1 3 cr b
0 Air • I.'
........._ LL u j LL. 0
P I E r i l l q ..:... I I
0 .. * ■1"..V::' ,4:..Y.t.,^s,44,,t: .i,:4!.1,,,c.wi',,;?;..:1-'',.:.1'4' i•/.1)‘'A,'1.:,'mit (./5 Uj (I) —' ILI cn >, cv co
c
CC . 0 Z
JP
I : c) 2 *=
CN t <e (1)
p7 0 < L 0 (7)
,o• IS E cc
U.J < ,
Cn > .
0 ' .\" ILI
1 ,
•ii,„
U: Z 0_ \ a [... ,„ ____ (3)2
-A 0 i :-,/
C7) ,, 4.)z
a_ ,
- ,7-,--.4.--
--- . , Q) 0) &
in _ C S
1
,H _1 / \./ - ,
=
0
"-- i LA 13
,
"1 E D
77'""••••"■.................... , C a)
o . • ---------- "----- - ' r :-. 0 .2
41 a_
= • . 17.\
..■N" ILI
' 23
0-• —
L----:
1