HEX Final Decision 2016-27 HEX NO. 2016–27
HEARING EXAMINER DECISION
PETITION NO. SV-PL20150002660 – North Naples, LLC requests a variance from LDC
Section 5.06.04 F.1.a, which limits pole signs within nonresidential zoning districts to a
maximum height of 15 feet when located along an arterial or collector road, to instead
allow a maximum height of 24.9 feet; from LDC Section 5.06.04 F.4, which limits single-
occupancy parcels to a maximum of one total wall sign, to instead allow a maximum of
three total wall signs—one on the west elevation, one on the north elevation, and one on the
south elevation; and from LDC Section 5.06.04 F.1.c, which limits pole signs located along
an arterial road to a maximum sign area of 80 square feet, to instead allow a maximum
sign area of 118.75, for the proposed Mercedes Benz dealership located on the east side of
U.S. 41, approximately one quarter mile north of the Old 41 and U.S. 41 intersection, in
Section 9, Township 48 South, Range 25 East, Collier County, Florida, consisting of 7.8±
acres.
DATE OF HEARING: July 14, 2016
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
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 been met and the petition should be approved.
ANALYSIS:
No written objections were received for this application, however, a member of the public
representing an adjacent neighborhood expressed concerns prior to the hearing. Members of the
public unrelated to the applicant did attend this hearing.
The original application included a request to increase the pole sign height and sign area beyond
the maximum height and sign area allowed by Code. However, during the hearing the applicant
withdrew these requests. A member of the public who previously had concerns for this
application expressed no objection to this application.
DECISION:
Petition SV-PL20150002660, filed by Mark Brenchley, Planning Consultant, representing North
Naples, LLC, with respect to the property described in Exhibit "A", is hereby approved for a
variance from LDC Section 5.06.04 F.4, which limits single-occupancy parcels to a maximum of
one total wall sign, to instead allow a maximum of three total wall signs (one on the west
elevation, one on the north elevation, and one on the south elevation), in accordance with the
Proposed Site Plan attached as Exhibit "B", and as subject to the condition(s) set forth below.
[16-CPS-01513/1270009/1150 1 of 2
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B—Proposed Site Plan
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain 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.
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
or the Board of Zoning Appeals, as appropriate. 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.
11 _ 1° �� (4,
Date Mark Strain, Hearing Examiner
App oved as to form and legality:
.II
Scott A. Stone
Assistant County Attorney
[16-CPS-01513/1270009/1]50 2 of 2
OR 5058 PG 1402
EXHIBIT"A"
LEGAL DESCRIPTION
Parcel 1:
That portion of the South 1/2 of the South 1/2 of the South 1/2 of Section 9, Township 48 South, 1
Range 25 East, Collier County, Florida, Lying East of U.S. Highway No. 41 (Florida State Road
No.45),being more particularly described as follows:
BEGIN at the Southeast corner of Section 9, Township 48 South, Range 25 East, Collier County,
Florida; Thence run South 88°05'34" West along the South line of the Southeast Quarter of said
Section 9, for a distance of 444.26 feet to a point on the Easterly right-of-way line of U.S.Highway
No. 41 (S.R. No. 45), a 200.00 foot right-of-way; thence run North 16°11'03" West, along said
Easterly right-of-way line for a distance of 379.16 feet to the beginning of a tangential circular
curve,concave to the East;thence runoditi, +k •�g••:' Easterly right-of-way line and along the
arc of said curve to the right,havi• L : r. ; rough a central angle of 03°03'56", 1
subtended by a Chord of 301.1 earing of Nort` y 7" West,for a distance of 301.21
feet, to a point on the North in- • the South half of the S. th h if of the Southeast 1/4 of said
Section 9;thence run Nort 88° ast, • ••_ se orth li • of a South 1/2 of the South 1/2
of the Southeast 1/4 of sai Sec ion ', for di :•ce o 5'0.70 fe to point on the East line of the
Southeast 1/4 of said Se do ", =r4 • • roil •' '"1• • ast, along the East line of the
Southeast 1/4 of said Sect on • fo a •i•ta o •••T. -, • + e� 01 T OF BEGINNING.
Parcel 2:
,f
Non-exclusive easement fo\'t •enefit of Parcel 1 a re-ted ccess Easement recorded in
Official Records Book 2974, ge 208 for the purpose •, . alar and pedestrian ingress and
egress over and across the land '.•• . follows:
t'168s-
A strip of land lying in a portion of th l a f - outheast quarter of the Southeast quarter
of Section 9, Township 48 South, Range 25 East, Collier County, Florida, and more particularly
described as follows:
Beginning at an intersection with the South line of the North half of the Southeast quarter of the
Southeast quarter of said Section 9 and the Easterly right-of-way line of U.S. Highway No. 41
(State Road No.45)run along said Easterly right-of-way line for a distance of 58.09 feet along the
arc of a curve concave to the Northeast having a radius of 5629.58 feet, a central angle of
00°35'28" a chord distance of 58.09 feet and a chord bearing of N.12°49'24" W. to a point on a
non-tangential line; thence leaving said Easterly right-of-way line run N.88°17'51" E. along a line
parallel with and 57 feet North of the South line of the North half of the Southeast quarter of the
Southeast quarter of said Section 9 for a distance of 126.20 feet; thence run S.01°42'09" E. for a
distance of 57.00 feet to a point on said South line; thence run S.88°1751" W. along said South
line for a distance of 115.00 feet to the Point of Beginning.
3054513_2.doc 7/11/2014
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Exhibit "B"
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