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HEX Final Decision 2019-47 HEX NO. 2019—47 HEARING EXAMINER DECISION PETITION NO. PDI-PL20180000897 — Walmart Stores East LP requests an insubstantial change to the Donovan Center PUD, Ordinance No. 99-73, for a sign deviation from LDC Section 5.06.04.F.4.a to allow a retail business with a floor area over 60,000 square feet to have three wall signs on the western building façade with a combined sign area of no more than 317 square feet. The subject property is located at the corner of Immokalee Road and Juliet Boulevard,just west of 1-75 in Section 30, Township 48 South, Range 26 East, Collier County, Florida. DATE OF HEARING: November 14, 2019 STAFF RECOMMENDATION: Approval. 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 Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: No members of the public were in attendance for this item and no letters of opposition have been received. This request is for increased signage on the western façade of the building with a combined area not to exceed 317 square feet. In 2007 a sign variance was approved via Resolution 07-37 for three wall signs including "Food Center", "Pharmacy Drive-Thru", and "Garden Center". There is no record of any permitting for these signs and, per a staff field inspection in September 2019, none of these signs were in place. The Applicant has agreed to forgo the additional sign square footage in Resolution 07-37 and those square footages are not available if the signage in this Decision is utilized. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20180000897, filed by Clarence Almonor of Cuhaci & Peterson, representing Walmart Stores East, LP, with respect to the Walmart Store No. 5391 located at 5420 Juliet Boulevard, Naples, Florida and further described in Exhibit "A", for an insubstantial change to Ordinance No. 99-73, the Donovan Center PUD, to add a deviation relating to signage. Said change is fully described in the Donovan Center PUD amendment attached as Exhibit "B" and Sign Detail sheets attached as Exhibit "C", and is subject to the condition(s) set forth below. [18-CPS-01791/1509817/1]51 1 of2 ATTACHMENTS: Exhibit A—Legal Description Exhibit B—PUD amendment Exhibit C — Sign Details LEGAL DESCRIPTION: See Exhibit "A". CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. The Applicant has agreed to forgo the additional sign square footage in Resolution 07-37 and those square footages are not available if the signage in this Decision is utilized. 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. IkZZ - 2019 Date Mar Strain, Hearing Examiner Approved as to form and legality: 41 He di F.As ton-Cicko Managing Assistant County Attorney [18-CPS-01791/1509817/l]51 2 of2 LEGAL DESCRIPTION I3Y SURVEYOR ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST OF THE TALLAHASSEE BASE MERIDIAN, COLLIER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NORTHWEST CORNER OF SAID SECTION 30, THENCE. BEARING NORTH 89'43'34" EAST, ALONG THE NORTH LINE OF SAID SECTION 30, A DISTANCE OF 1980.19 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 30; THENCE, BEARING SOUTH 02'21'21" EAST, ALONG THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 30, A DISTANCE OF 471.24 FEET TO A POINT; THENCE, BEARING NORTH 87'38'39" EAST, A DISTANCE OF 62.15 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 87'37'16" EAST, A DISTANCE OF 236.76 FEET TO A POINT; THENCE, BEARING NORTH 02'22'42" WEST, A DISTANCE OF 302.86 FEET TO A POINT; THENCE, BEARING NORTH 89'06'54" EAST, A DISTANCE OF 186.41 FEET TO A POINT: THENCE, BEARING SOUTH 45'48'45" EAST, A DISTANCE OF 7.57 FEET TO A POINT; THENCE, BEARING NORTH 69'14'16" EAST, A DISTANCE OF 499.29 FEET TO A POINT; THENCE, BEARING SOUTH 02'20'47" EAST, A DISTANCE OF 177.90 FEET TO A POINT; 'HENCE, BEARING SOUTH 02'23'12' EAST, A DISTANCE OF 1,001,40 FEET TO A POINT; THENCE, BEARING SOUTH 89'45'15" WEST, A DISTANCE OF 330.22 FEET TO A POINT; THENCE, BEARING NORTH 77'04'19" WEST, A DISTANCE OF 73.87 FEET TO A POINT; THENCE, BEARING SOUTH 87'49'42" WEST, A DISTANCE OF 488,20 FEET TO A POINT; HENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 40.00 FEET TO A POINT; THENCE, BEARING SOUTH 87'37'16" WEST, A DISTANCE OF 40.00 FEET TO A POINT; THENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 52,22 FEET TO A POINT; THENCE, BEARING SOUTH 87'37'16" WEST, A DISTANCE OF 15.03 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF CURVE CONCAVE NORTHEAST, HAVING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 87'54'05", A CHORD LENGTH OF 62.46 FEET BEARING NORTH 48'25'42" WEST; THENCE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 69.04 FEET TO A POINT; THENCE, BEARING NORTH 00'18'21" WEST, A DISTANCE OF 271.51 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF CURVE OF A NON TANGENT CURVE CONCAVE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 87'54'05", A CHORD LENGTH OF 34.70 FEET BEARING NORTH 43'40'13" EAST; THENCE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 38.35 FEET TO A POINT; THENCE, BEARING NORTH 8717'16" EAST, A DISTANCE OF 15.19 FEET TO A POINT; THENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 189.98 FEET TO A POINT; THENCE, BEARING NORTH 07'37'16" EAST, A DISTANCE OF 69.11 FEET TO A POINT; THENCE, BEARING NORTH 02'22'44" WEST, A DISTANCE OF 178.30 FEET TO A POINT; TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF CONTAINING 1,034,748 SQUARE FEET OR 23.75 ACRES, MORE DR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. EXI-IIBIT A PROPOSED AMENDED PUD LANGUAGE 2.13 SIGNS A. Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. B. A deviation from Section 5.06.04 F.4.a, which limits a retail business with a floor area over 60,000 square feet and a front wall length of more than 200 linear feet, to a maximum of three total wall signs with a combined area of no more than 250 square feet; to instead allow three total wall signs with a combined area of no more than 317 square feet on the western façade of the building. This deviation applies only to the Walmart located within the PUD. Walmart may change signage on the western façade of the building provided the total square footage does not exceed 317 square feet and the signage otherwise complies with the LDC. Exhibit "B" Words underlined are added; words struck through are deleted Exhibit "C" Page 1 of 2 l f1 © —�- i ! . 1 I I rp,... •,:k1 i_ . . . : 11 _ : - - , p _. ...,. c.... • c, sii WW .... ? y C . 4 i !i, ----: '.., , IW is . • _ .. i_ ma ble wail et 1 TawIrnI ( ►! I 4 - Imo. ; ai . ..... 41 ..... C a-- _,-y..:.._ : `�, jlai 120 i L-1 -_� 1 IA . �_ ! I c 0 e a � : I\ DSII'-I � it IJIIIIIIN '- r---- r- 1 trt.lI ,I ,, 1{IC .p,i.11:r:,+ � ; , 1 i r a I R • ....mow. ! 1f_ _� !..: }C , . i _)e.. I .. .. :1 C " 1 -11-11� , _ „ 1 pi, c--...) __„-z_A ,.A. . is D' lilhll I I II II III !,!1 PDI-PL20180000897, Walmart Store#5391 Last revised: 10/29/19 Page 4 of 10 Hearing Examiner(HEX) Date: 11/14/19 Exhibit "C" Page 2of2 14.-5i. SIGN MOUNTING / / - E ECTRICA_ PENETRATIONS (TYP) LOCATION (TYP) j FIELD VERIFY EXACT LOCATIONS FIELD VERIFY ' EXACT LOCATIONS , , REF BLDG ELEVATIONS 4, ROOF LINE-----�,_ /0 � Pickup _ __ CENTER OF SIGN JOIST BEARING ' ELEVATION UNE 'NOTE TO SIGN INSTALLER: I NOTE: TALL PRIMARY MOUNTING HOLES MUST BE UTILIZED. IF MOUNTING THROUGH ALL. SIGN PENETRATIONS ABOVE (PRIMARY HOLE IS OBSTRUCTED BY REBAR, METAL STUDS, CHANNELS, OR ROOF LEVEL MUST BE A CLEAR OTHER MISC METAL, SEAL PRIMARY HOLE IN SIGN CAN AND MOUNT I MINIMUM OF 8" ABOVE DECK 'THROUGH THE NEAREST ALTERNATE MOUNTING HOLE. PRIMARY HOLES ARE INDICATED WITH PREDRILLED HOLES THROUGH WASHERS. ALTERNATE HOLES ARE INDICATED WITH WASHERS ONLY OR ARE OTHERWISE MARKED. ElPICKUP SIGN MOUNTING DIAGRAM (2'-6") 1/4" = 1'-0' XXXXXX C\AC2'-009a-wmp-30 Sign Mounting- West elevation 15'-24" / 3'-104" 10i" 10'-4i" / WHITE PLASTIC LETTERS / Sk 1.0 ii -- -- _ intoh.,- • K.. Co 1 I ,IC , m 1 4 , I NI REF BLDG ELEVS 4, 80 S GN rL_ ',_' _.__ _ _ 66.68 SF —PLASTIC CHARACTERS MATCH csi a INTERNALLY SW #6904 "GUSTO GOLD" I - ILLUMINATED M 0 BUILDING PICKUP SIGNAGE (2'- 6") 1/4" = 1'-0" XXXXXX C\,AU21-009-wmp-30 Sign Dimensions- West elevation PDI-PL20180000897,Walmart Store#5391 Last revised: 10/29/19 Page 5 of 10 Hearing Examiner(HEX) Date: 11/14/19