HEX Final Decision 2024-52HEX NO. 2024-52
HEARING EXAMINER DECISION
DATE OF HEARING.
October 249 2024
PETITION.
Petition No. SV-PL20240005230 — 3747 Tamiami Trail East -Request for a sign variance
from the Land Development Code Section 5.06.04.F.4.a. which requires "On Premises Wall
Signs" to have a maximum allowable display area for wall signs that shall not be more than
20 percent of the total square footage of the visual facade including windows of the building
or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet
for the subject unit up to 24,999 square feet in area, to instead allow one fascia sign that will
be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number
3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast
of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South,
Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
This is a request for a Sign Variance from the Land Development Code (LDC) which requires "On
Premises Wall Signs" to have a maximum allowable display area for wall signs that shall not be
more than 20 percent of the total square footage of the visual facade including windows of the
building or unit to which the sign will be attached and shall not, in any case, exceed 150 square
feet for the subject unit up to 24,999 square feet in area, to instead allow one fascia sign that will
be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number 3725.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code,
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
Page 1 of 6
4. The public hearing was conducted in the following manner: the county Staff presented the
Petition followed by the Petitioner and/or Petitioner's representative, public comment and then
rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the
public hearing.
5. The County's Land Development Sections 5.06.08.B. l lists the criteria for sign variances. The
Hearing Examiner having the same authority as the Board of Zoning Appeals may grant, deny
or modify any request for a variance from the regulations or restrictions of the Collier County
Land Development Code using the following standard:I
1. That special conditions and circumstances exist that are peculiar to the land, structure, or
building involved and are not applicable to other lands, structures, or buildings in the same
district.
The record evidence and testimony from the public hear°ing reflects that yes, the subject
property location has a collection of buildings that have unique facades where they are
taller than other tenants in the commercial plaza. The subject unit's facade 's length is 120
feet wide and differs from other facades in the shopping plaza. The existing Goodla)ill store
I�as a facade length of approximately 120 feet wide with an approximate leasable area of
34, 000 square feet. The Goodwill wall sign is I10 square feet. which is less than 1i)hat 1ltas
allowable. The existing Publix Grocery store has a facade length of approximately 220 feet
hide with an approximate leasable area of 41, 000 square feet. The Publix wall sign is 119
square feet and is also less than what leas allot -table. Lastly, the existing Bealls store has
a facade length of approximately 388 feet ietide with an approximate leasable area of
81, 027 square feet. The Bealls wall sign is 247 square feet, which conforms to code
standards.
Stye Store Area SF Facade Gen tb feet ��'all Si rt ,area SF Store -Walt Ratio °%
Gnach, ill 34,000 120 11fF 0.3
Publix 41,000 220 119 0.2
Bealls 81,027 1388 1,247 0.3
Planet Fitness
� 2i,009
�
120
� 238.7
�'
Table t -Subject
Proiterty
facaete sigu cami►arison;
Fo��•est amount per category in hold
From the table above, the subject unit Planet Fitness, when compared, Iurs a facade length
similar to that of the Goody -till Zrnit. The 1-tall sign area i-till still be less than the largest
sign area belonging to the Bealls unit. The major setbackfor the proposed Planet Fitness
sign is the stoi •e area since it is the smallest when compared to the other larger units but
still contains a similar facade length to that of Good1-till. The unit's location is in the middle
of the plaza and is obscured by a mixture of existing vegetation as hell as multiple
commercial outparcels.
1 The Hearing Examiner's findings are italicized.
Page 2 of 6
2. That literal interpretation of the sign code's provisions would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district. It would cause
unnecessary and undue hardship on the applicant.
The record evidence and testimony fom the public hearing r°eflects that the hardship for
Planet Fitness is that the building and development are preexisting, as are the sightlines,
landscape obstructions, and several commercial outparcels that obscure the view of
various commuters. All the obstructions create a hindrance to the visibility of the proposed
storefront.
The proposed i-vall sign will be proportional to the location crud the storef •ont facade for
easier ivatfnding for patrons. The height of the facade is important; hoivever•, it is also
unknoilm compared to the other uses, as found in Table 1. According to the renderings, the
subject unit's facade's height is 24.77 feet for an overall facade area of 2,972.4 SF. The
sign area to facade area ratio results in an 8% coverage of the overall facade. Even though
the sign area request is in excess of the ratio to the store area, it is minimal in its impact
on its visibility ieMen attached to the commercial unit's facade. A large blank space in the
facade where the signage is anticipated to be is detrimental through its appearance of a
vacant unit on the site. If the code was applied, the letters would appear to be much smaller
than other tenants, and the sign ivould appear even smaller ivithin the existing facade,
which may diminish any aesthetic appeal for the overall shopping center•.
3. That the special conditions and circumstances which are peculiar to the land, structure, or
building do not result from the actions of the applicant.
The record evidence and testimony from the public hearing reflects that the proposed
signage wouldn't change the essential character of the plaza since this sign will be placed
solely on the dedicated facade of the proposed unit. The applicant is not altering any of the
facade 's structure and, therefore, will be using the pre-existing facade that has existed for
over 40 years, since 1982. The parapet locations above the entrance co e meant to allo1v
the installation of the sign.
4. 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.
The record evidence cmd testimony f •orn the public hearing reflects that this proposed sign
variance, lvhen compared to the other stor•ef°oats included in Table 1, has less impact when.
compared to the facade area of the store font. To create balance and an aesthetically
appealing lookfor the plaza, the sign variance ivill create consistency on the higherfacade
fi°ontage. Both Publix and Goodwill have a higher facade but what appears to be a smaller
facade area; otherwise, their wall sign ivould be overshadoived.
S. The variance granted is the minimum relief that will make the reasonable use of the land,
building, or structure possible.
Page 3 of 6
The record evidence and testimony from the public hear4iiig reflects that the proposed sign
variance doesn't appear overbearing compared to its own facade area since the sign would
occupy only 8% of the entire facade area and elevation, which is much less than the 20%
maximum allowable display area. The request is reasonable for• the proposed use since the
face of the unit is setback approximately 450 feet from the respective nearby right-of-rvay,
along ivith obstructions from existing vegetation and multiple commercial outparcel
structures.
6. 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.
The record evidence crud testimony from the public hearing reflects that the proposed sign
will be designed in accordance with the Florida Building Code, stamped by an engineer,
and installed according to what is permitted, pending the approval of this sign variance
request. There are no adverse impacts on public health or safety that will result from this
proposal. The signs are adequately spaced so as not to produce an undue proliferation of
signage and have a clean appearance on the facade.
In Staffs opinion, the request for the sign variance to instead allow one fascia sign that
i-vill be a total of 238.7 square feet for the 21,009 square foot subject commercial unit
number 3725 located at 3747 Tamiami Trail East, meets the intent of the LDC and is thus
consistent with the GMP.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located in the Urban Residential Subdistrict of the Future Land Use Map
(FLUM) of the GMP. The GMP does not address individual variance requests but focuses on the
larger issue of the actual use. The subject property, 3747 Tamiami Trail East, Naples, FL 34112,
folio number 003 93 520006, is consistent with the FLUM.
Based upon the above analysis, County Staff concludes that the proposed use for the subject site
is consistent with the Future Land Use Element (FLUE), although the variance request is not
addressed by the GMP.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 5.06.08.13.1
of the Land Development Code to approve the sign variance Petition.
Page 4 of 6
DECISION.
The Hearing Examiner hereby APPROVES Petition No. SV-PL20240005230, filed by David
Clark, Contractor of Southeastern Lighting. Solutions, representing the applicant NTC North LLC,
with respect to the property described as the approximate 5.08 acres subject property, folio number
00393520006, located at 3747 Tamiami Trail East, Naples, FL 34112, and located approximately
700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13,
Township 50 South, Range 25 East, Collier County, Florida, for the following:
• A sign variance from the Land Development Code (LDC) Section 5.06.04.F.4.a. which
requires "On Premises Wall Signs" to have a maximum allowable display area for wall
signs that shall not be more than 20 percent of the total square footage of the visual facade
including windows of the building or unit to which the sign will be attached and shall not,
in any case, exceed 150 square feet for the subject unit up to 24,999 square feet in area, to
instead allow one fascia sign that will be a total of 238.7 square feet for the 21,009 square
foot subject commercial unit number 3725.
Said changes are fully described in the Zoning Map attached as Exhibit "A" and the Sign Variance
Rendering attached as Exhibit "B", and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A —Zoning Map
Exhibit B — Sign Variance Rendering
LEGAL DESCRIPTION.
The approximate 5.08 acres subject property, folio number 00393520006, is located at 3747
Tamiami Trail East, Naples, FL 34112, and is located approximately 700 feet southeast of the
intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25
East, Collier County, Florida.
CONDITIONS
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. This approval is strictly for the sign variance request of the business use for Planet Fitness.
Any change of business use will require a conforming wall sign.
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.
Page 5 of 6
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
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.
October 31, 2024
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
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SV-PL202400005230, Planet Fitness Signage
September 17, 2024
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Looking Good Salon
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Rent -A -Center
41770
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Tokyo Sushi
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Metro byT-Mobile
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Jose Ramirez, DDS
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Szechuan Chinese Restaurant
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SPS PoolCare
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All information given herein is obtained from sources considered reliable. However; we are not responsible for misstatement of facts, errors, omissions, prior sale, withdrawal from market, modification of mortgage commitment, terms and considerations, archange Inprice vdthout
notice. The Information supplied herein is for Informational purposes only and shall not contain a warranty or assurance that said information is correct. Any person intending to rely upon the information supplied herein should verify sa(d Information Independently. UPDATED:111623
PROPERTY GROUP
FOR LEASING INFORMATION:
Luli Cannon
813.712.3054
annon@rmcpg.com
Ic
8902 N Dale Mabry Hwy
Tampa, FL 33614
800.728.5379
www.RMCPG.com