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Agenda 03/25/2008 Item #10J Agenda Item NO.1 OJ March 25, 2008 Page 1 of 15 EXECUTIVE SUMMARY Request that the Board of County Commissioners provide guidance to staff regarding the recently received application for a permit to allow for the installation of two signs for a Coffee Shop business located at 6345 Naples Boulevard, Pine Air Lakes PUD OBJECTIVE: To seek guidance of the Board regarding the approval of a sign permit for two (2) business signs for the "Bad Ass Coffee Company of Hawaii" (registered trademark) submitted by the contractor, Signcraft Company, representing Boulevard Shoppes, LLC, 2200 Huntington Dr., Algonquin, Illinois. CONSIDERATIONS: During the regular meeting of the Board of County Commissioners on February 12, 2008, under Item 15, Staff and Commission General Communications, Commissioner Coyle raised concerns about the use of what some people may deem to be obscene language and protimity regarding the name of the proposed coffee shop under construction within the Pine Air Lakes PUD vicinity of Naples Boulevard and Airport-Pulling Road, During the discussion the County Attorney was directed to look at the language within the Collier County Land Development Code (LDC) and evaluate as to whether an amendment to the code was necessary in order to be more specific regarding what may be deemed to be unacceptable language. The current language in the LDC is as follows; 5.06.06 Prohibited Signs Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. /s patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, politica/, or scientific value. On March 3, 2008, an application for a business sign was filed with the Building Reiview and Permitting Department for two wall signs of approximately 27 square feet each for the "Bad Ass Coffee Company of Hawaii" located within the Pine Air Lake PUD. In considering the recent discussion of the Board regarding the code and the use of unacceptable language for a business within the county, staff is seeking Board guidance as to whether the pemit should be issued or denied. The Bad Ass Coffee Company of HawaiiTM, Inc., headquartered in Salt Lake City, Utah, is purported to be a premier franchise for an existing and rapidly expanding chain of gourmet coffee stores, The franchise originated in Hawaii and claims to have grown to over 45 stores throughout the Hawaiian Islands and North America. The name of the company as well as the logo on the sign is tied to the donkeys that hauled cotfee from the rugged mountains of Hawaii. As reported on the franchise web site, "The native people of Kana, Hawaii, remember the days of the "Bad Ass Ones." The bellows of the donkeys could be heard echoing through the mountains as they hauled the heavy loads of colfee up and doW/1 the mountainside. In hOllOI' of these hard workillg donkeys, we named our coffee company. The legelld of the Kona Nightingale lives 011 I Agenda Item NO.1 OJ March 25, 2008 Page 2 of 15 right here at The Bad Ass Coffee CompanyTM" Such is the legend of the Bad Ass Coffee Company ™ and our noble mascot, those hard working donkeys, known as the "Kona Nightingales. " FISCAL IMPACT: Application and permitting fees for the two signs is $215.00 GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The LDC does not prohibit the use of coarse, vulgar or profane language in signs. The closest provision to this is LDC S 5.06.06 Q., which provides as follows; 5.06.06 Prohibited Signs Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: I. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. Since the County has previously elected not to regulate coarse, vulgar or profane language, we have no basis to deny this or any other sign permit on such grounds. Should the Board wish to regulate this area, an LDC amendment would be required. Our preliminary review indicates that nationally relatively few local govenmlents have elected to regulate coarse, vulgar or profane language on signage, presumably on the concern of lawsuits filed asserting freedom of speech. -JAK RECOMMENDATION: That the Board provide guidance to stafTregarding the approval or denial of the subject sign permit. PREPARED BY; Joseph K. Schmitt, Administrator, CDES 2 Item Number: Item Summary: Meeting Date: Page 1 of2 Agenda Item NO.1 OJ March 25, 2008 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10J Request that the Board of County Commissioners provide guidance to staff regarding the recently received application for a permit to allow for the installation of two signs for a Coffee Shop business located at 6345 Naples Boulevard, Pine Air Lakes PUD. (Joseph K. Schmitt, Administrator, CDES) 3/25/2008 90000 AM Prepared By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/10/20083:19:11 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/10/20088:08 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 3/12/2008 2:03 PM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Date Approved By Zoning & Land Development Review 3/13/20089:55 AM Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 3/13/20083:48 PM OMB Coordinator Administrative Services Applications Analyst Date Information Technology 3/14/200812:37 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 3/14/20082:52 PM Approved By James V. Mudd Board of County County Manager Date County Manager's Office 3/14/20084:39 PM fiJe;//C:\A1!endaTest\Exoort\J 03-March%2025.%20200R\ 1 O.%20COI JNTY%20MANAGR.. 11191700R Page 2 of2 Agenda item NO.1 OJ March 25. 2008 Page 4 of 15 Commissioners file://C:\AgendaTest\Export\ 1 03-March%2025. %202008\] 0.%20COUNTY%20MANAGE... 3/19/2008 RtC'Q :',.~;{ G 3 IQ\I'a CO~T Counry -- -~ Permit# Agenda Item No.1 OJ March 25, 2008 Pa~5 of 15 (\tJO -ttt.b 2800 N. Horseshoe Drive Naples, Florida 34104 SIGN & FLAGPOLE PERMIT APPLICATION 12 Tax/Folio # Info 70 Or[' 21.2 0 Job Address (L"i-!S NO-IDles. ':;::iv&. -=~ .[ IW:t'J;lM"II')~1 Contractor Nam~' S( G ^' C J: 111= T Job Rep. Cl.1!'I.ck t-laou ~\'I.(hl/.' Sign status: ~~ :JReface Existing Sign: Type of Sign: ~al1 :JGround OPole DAwning :JReal~e :JConslruction CJOlher Sign COpy,"1:,i'\]) A g;, ;:: Number of Signs: :J " Square Fl Sign #1 ;2 7 . 2.;t Square Fl 5ig' #2 .2 7. 2.;2.. Phone # {olls - n 7 7 )c',~ 0 $; Contracted cost $ 1/, 278, - :::JDirectory :JCanopy CJFlagpole I U'01-Jv, L. (; (,.,0 L-J. ~il)9ie Face::J Double Face. ::J V-shaped ~gn #1 Electric UNon-ElectrlC CJSigrl #2 Electric: UNon-Electric 1.:::lef"..]:s..4":~I~II'J~1 t..L c..- Pcopeny Ow,.r }oOULbY "':':2_ ,11 r rr~ Addce'5 ;2 200 (..ft.,,">h '~" ::tor.r!",.:jl SOt'1)lj I"~ fL SubdiVISion ~ I \I';k I~ (' 1_< ~ Lu::s. Block L:J ar~'~, j ( II ~ ~ ~ .,- Section Townshp '-J'1 Range ~~~ Unit ~~ Tract Taz: ~~ Zoning ~".1ap: _~ Flood Zone WIr.d ';,I;i.);,I:l;t.'.1J.;1~ ~mmercial :J Indus!r:al :::J Residential U ;..gricul:dral [] Other ..il.:;aI)~il'j:H::.III.] ~! :.J Gasoline station ..J Residential ..J Inciuslr,al Park / '~hoPPlrlg Ce:1ter :.J Out parcel ..J Corld:llonal Use ::J Business Park :.:J Other i..:J Sm';.;le --Occupancy Far;::el :..J Muilipl~. 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IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF j COMMENCEMENT. --~----~-~~- Ti1l5 pe,nut (he,,-, ",:.1 <iJtl',GflLe :0n~:l~c:;on 'j' '''~t"li,iI,ol1 of cony ~,\rU~!:jl<! Q.' li:,L1y "li'Jve m t...,lnw [)rDlmd. ,.,ithin ;,11''' ".;ht-C!-w~y Qr eJ~;<:nl"'llt r~,erv('u for JC:CS3, d'ani!~'! or 1.1.11:, Till', rL'SI,lc\l(ir' ';r'c:'.-f .a:ly i':8:'t)<t~ It:'!nr;g $,J:lrI.k" ~YS1HTIS, l~ndscar"II'j olneT i'-,JI'sod w;ltf'! stJVier ciWlt ar,d ur,J'lidJe Ihereln II ~;u=n ;"'~ "cce~SJ.fY. G ~e,',H;'t~ pc.;rrTlLI loe 1",011 purpo:;e Ir,u~l L.C" Tr""3,"O'lJt',"I1.'f<C1'I/ r.",.""t~ and '''~pectluw, .::: 121!D..d_-'-:.l1'Ci: r,,~r"'L, _''}(J',''},<11!C'r1.\ i,.t:J:'l...J.::'::':'~~~l,,:,i. ~,"IL'L,:"-_',U.::" X,.\.' 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I'd like to make one thing clear under item lOA. I voted on the negative side, and it wasn't pertaining to any of the items that are on our fiscal year 2009 legislative agenda. All those particular items, nine of them, along with the additional priorities and grants for the Ochopee Fire District, rural services, fire safety, Immokalee Emergency information broadcast equipment, Bayshore/Shadowlawn transportation corridor improvements. I feel that those are very well warranted. Concerns that I had was in regards to sidewalks because of the fact that the transportation system within the United States is pretty much in shambles, and when we've got bridges collapsing and the freeways collapsing also, I'm concerned about taking something up to our elected officials in Washington. But I can assure you that that will be addressed or aired with our legislative representatives. But I -- so I just wanted to get that clear on the record that I'm in favor of all of that stuff so -- except the one item that was discussed here on the agenda, or on the dias. Thank you very much for your time. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I promised to talk about this a bit more. I'd just like to make sure everybody understands that you know I am not a prude, right? COMMISSIONER COLETTA: No. CHAIRMAN HENNING: A prune? COMMISSIONER COYLE: A prude. COMMISSIONER COLETTA: No, we don't know that, sir. COMMISSIONER COYLE: This business about this coffee Page lIS Agenda Item NO.1 OJ March 25, 2008 Februarlf~~ 20'085 company with what many people consider is the offensive name, has arisen again because there are two signs now on Naples Boulevard advertising the fact that that coffee company is going to be setting up offices there right across the street from the movie theater within a short distance of the high school. My problem is that I object to the public use of obscene and offensive language because, you know, our children are going to start talking that way and thinking that it's all okay. We have this Bad Ass Coffee Company on 3rd Street Naples. Children walk by that, parents complain about the name of the place, other parents complained today to me about this issue, and I think we ought to try to do something about it. This is not the community for that kind of business name. There are lots of other names for coffee companies. And I would just like to see what we can do about limiting signs of that nature. And the staff has kindly provided me a copy of the Land Development Code on prohibited signs. I don't think the Land Development Code is quite as explicit as it should be, although its intent is clearly -- is fairly clear. So I would ask that staff take a look at that and maybe provide us some modification on words and see if we can't do something a little more explicit. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETT A: Yeah. Just one thought. The Estates had to deal with this some time ago regarding driver's license, or the plates on cars, yes. COMMISSIONER COYLE: Plates, yes. COMMISSIONER COLETTA: And they had to come up with a whole array of different names that are unacceptable. And I'm -- so if you're going to look into it, you don't have to reinvent the wheel on it; however, you know, it's going to be kind of tricky. How do we deal with some issues that came up before where people found some names to be offensive and others didn't, such as Hooters. Where would that Page 119 Agenda Item NO.1 OJ March 25, 2008 Februaryt~, ~ab85 fall in this particular array of names? COMMISSIONER COYLE: That's a question we'd have to address during the study. COMMISSIONER COLETTA: Okay. CHAIRMAN HENNING: So you're in favor of directing staff to take a look at the Land Development Code and potential -- make recommendations for the amendment for -- not to offend Commissioner Coyle? COMMISSIONER COLETTA: Well, here's the whole thing that I'm a little bit concerned with. We have a limited resource that's getting more limited by the moment. Priorities have to be set. I don't know what Mr. Schmitt would say about where he could fit it in, but it'd be an interesting thing to deal with it. Possibly maybe we could have some outside group do the workforce and come back with some recommendations. CHAIRMAN HENNING: Well, I think there's a court case on this in the State of Florida -- COMMISSIONER COLETTA: Oh. CHAIRMAN HENNING: -- that maybe we can get the assistance from the county attorney and give staff direction. But I'm willing to look at it. Commissioner Fiala? COMMISSIONER FIALA: Oh, no. I was just saying something to the back of the room. CHAIRMAN HENNING: Oh, you're going like this? COMMISSIONER FIALA: Yeah, I was trying to catch her attention. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. I just wonder if we went to the proprietor of this establishment and the other establishment that he's going to be setting up, and ask him if he might look at addressing the name himself without going through a whole rhetoric of things. Page 120 . Agenda Item NO.1 OJ March 25, 2008 Februaryi~~ 26'O~ MR. KLATZKOW: I think it's a franchise. COMMISSIONER COYLE: Yeah. I think it is, too. In fact, the owner calls herself Mrs. Bad Ass, so -- COMMISSIONER HALAS: Is that her name? COMMISSIONER COYLE: 1 don't think so. CHAIRMAN HENNING: Can I ask you a question? I've never been to this establishment. Once in a while I go to Lowe's so I wouldn't really -- I'm more interested in hardware than what's on a sign. But do they have a logo of a donkey? COMMISSIONER COYLE: Yep. CHAIRMAN HENNING: You know what, I think we're not going to get anywhere on this. COMMISSIONER COYLE: We can try. CHAIRMAN HENNING: Yeah. Can we ask the county attorney to -- let me find the court case. MR. MUDD: Yes, sir. It was an Estero court case that was just defeated, so -- CHAIRMAN HENNING: Well, that's on a different one, but this is also very relevant because this is a national chain and it was tried in the court. Do you mind that? Let me send that to you. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: I think it will answer a lot of your questions. COMMISSIONER COYLE: Okay. But would you have a problem if at least the county attorney were to give me an opinion on this -- CHAIRMAN HENNING: Sure, yeah. COMMISSIONER COYLE: -- and work with me on that issue? MR. KLA TZKOW: Be happy to. COMMISSIONER COYLE: Okay, good. CHAIRMAN HENNING: Great. Yeah. And that other one in Estero was not a franchise. Had to do with somebody's name. Page 121 , Agenda Item NO.1 OJ March 25, 2008 February!:!,1tabg Anything else, commissioner Coyle? COMMISSIONER COYLE: No, no. That's all for me, thank you. CHAIRMAN HENNING: Entertain a motion to adjourn. COMMISSIONER COYLE: So moved. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: We're adjourned. Do we need a vote on that? Yeah, there is. All in favor of the motion? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Motion is unanimous. We're adjourned. ****Commissioner Halas moved, seconded by Commissioner Coyle and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16Al REFUND OF A PORTION OF A PETITION FEE RECEIVED FOR A 2006 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS WHICH AMENDMENT WAS FOUND TO BE NOT NECESSARY - REFUND AMOUNT $16.000,00 Item #16A2 RECORDING THE FINAL PLAT OF SUNCOAST SCHOOLS FEDERAL CREDIT UNION - W/RECEIPT OF A CERTIFICATE Page 122