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HEX Final Decision #2025-48HEX NO. 2025-48 HEARING EXAMINER DECISION DATE OF HEARING. December 11, 2025 PETITION. Petition No. SV-PL20250004410 — 8940 Sage Ave, Heritage Bay Commons -Request for a variance from the Land Development Code Section 5.06.04 F.5 which allows for one menu sign with a maximum height of 6 feet, measured from the drive-thru lane grade adjacent to the sign, and permits a maximum area of 64 square feet per drive-thru lane with a limit of two signs per parcel, to instead allow an additional menu board for a total of two signs in one drive-thru lane at 8940 Sage Ave, Heritage Bay Commons Tract D, Section 23, Township 48 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. This is a request for a Sign Variance from Land Development Code Section 5.06.04.F.5 to allow an additional menu sign in one drive-thru lane, enabling a total of two menu boards located within Heritage Bay (PUD), Ordinance 0340, as amended. 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 Code 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. 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. Page 1 of 5 5. The County's Land Development Sections 5.06.08.13.1 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 hearing reflects that County staff has recognized that the challenges faced by the landowner are due to circumstances specific to the property, which were not caused by the landowner themselves. Furthermore, that it is important to note that granting the variance will not significantly change the essential character of the area within the same district. Culver's current physical footprint limits the possibility of adding a double drive -through lane. Allowing the installation of two menu boards, two order takers, and two pickup windows within a single lane will improve operational capacity). This strategy will effectively serve more customers in one lane, increase vehicle counts without lengthening service times, and encourage customers to use the tandem lane because of the perceived shorter lvait. Ultimately, these changes are expected to improve the business's operational efficiency. 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 frrom the public hearing reflects that the applicant stated that a strict interpretation of these regulations would cause unnecessary hardships on their operation, especially affecting the efficiency of their drive-thru services. County staff acknowledged that the proposed tandem double-drive-thru design aims to increase customer throughput by allowing two vehicles to be served at once, even with a single entrance and exit. Furthermore, that it is essential to note that the requested modification aligns with the broader goal of enhancing operational efficiency and customer satisfaction during peak periods. The findings suggest that denying this request could lead to operational inefficiencies, resulting in longer wait times and lower customer service quality. 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 applicant stated that the special corrditior�s and circumstances peculiar• to the land, structure, or building do not result from the applicant's actions. Some restaurants with limited space, such as Culver's, which features a tandem drive -through that includes two menu boards, can increase capacity ivithout expanding the drive-through's physical footprint. County staff concurred 1 The Hearing Examiner's findings are italicized. Page 2 of 5 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 recor°d evidence and testimony fr om the public hearing reflects that the appliccmt stated that the requested variance will not grant any special privileges that are unavailable to others in the same zoning district. Approving the request aligns with Culver's brand standard and national branding efforts. Denying the request would impose unnecessary hardship on the landowner. Allowing two menu boards in a single lane hill help manage queue lengths, optimize staffing, improve operational efficiency, and enhance customer experience. County staff concurred. 5. The variance granted is the minimum relief that will make possible the reasonable use of the land, building, or structure. The record evidence and testimony fi°om the public hearing reflects that the applicant is seeking a variance for an additional menu board at Culver's to improve drive-thru operations. This variance request represents the minimum relief necessary and the reasonable use of the property to increase efficiency and allow two cars to be served simultaneously, improving overall throughput. Additionally, it aims to reduce wait times and enhance staff performance. County staff concurred. 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 recor°d evidence and testimony from the public hear°ing reflects that the r°equrested variance aligns with the Collier° County Sign Code and Growth Management Plan, ensuring it won't negatively affect neighboring properties or public welfare. It represents a minor adjustment that supports effective communication while maintaining safety and eff ciency. The variance will not hinder community) health or property rights, and it won't obstruct light or air access for nearby properties. Additionally, it is expected to improve operational efficiency and reduce wait times at the drive-thrur lane, benefiting the community overall. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The record evidence and testimony from the public hearing reflects that the subject propert�� is located in t17e Heritage Bcry PUD on the Nor°theast corner• of Immokalee Road crud Collier Boulevard in proximity to the Activity Center Subdistrict of the Future Land Use Map (FL UM) of the GMP. The GMP does not address individual Variance requests butfocuses on the larger issue of the actual use. The Heritage Bay PUD is consistent with the FLUM. Page 3 of 5 Based upon the above analysis, (.ount') staff concluded that the proposed use for the subject site is consistent with the Future Land Use Elenient, although the Variance request is not specifically addressed. ANALYSIS. Based on a review of the record including the Peon, 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.B.1 of the Land Development Code to approve the sign variance Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. SV-PL20250004410, filed by the applicant/agent Lora Trent, representing the applicant/owner Naples Sunset Dreams LLC, with respect to the property described as the subject 1.06-acre parcel located at 8940 Sage Ave, within the Heritage Bay Development, and is also described as Heritage Bay Commons Tract D Second Replat Trace IA, in Section 23, Township 48 South, Range 26 East, Collier County, Florida, for the following: • A Sign Variance from Land Development Code Section 5.06.04.F.5 to allow an additional menu sign in one drive-thru lane, enabling a total of two menu boards located within Heritage Bay (PUD), Ordinance 0340, as amended. Said changes are fully described in the Sign Plans attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A —Sign Plans LEGAL DESCRIPTION. The subject 1.06-acre parcel is located. at 8940 Sage Ave, within the Heritage Bay Development, and is also described as Heritage Bay Commons Tract D Second Replat Trace lA, in Section 23, Township 48 South, Range 26 East, Collier County, Florida. CONDITIONS. • All other applicable state or federal permits must be obtained. 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 fiom 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 4 of 5 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. December 22, 2025 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 Alm JIMiL 60,VPM � e�o�n awn crNo� r ro F remw N SAGE AVE � n U CANOPY (nrc,r'C' (-u ouNnr�r �i Per the Land Development Code Section 5.06,04.F.5 Menu boards: One sign with a, maximum height of 6 feet measured from drive thru lane grade adjacent to the sign and 64 square feet of area is allowed per drive thru lane, not to exceed 2 signs per parcel. Our request is for 2 Menu Boards at 38.39 s.f., totaling 76.78 for 2 Menu Boards. We are proposing an in line double drive through with 2 Menu Boards and Ordering Canopies. NI w t� N MENU fiOAt'n 1"0fAL ¢ 76,18 S,F, MENU pOAf?D AAA CAI.CLI.ATIQNS SICd�I 51ZE CAI�'�OXJ AEEA MO-nr-A6 99" (W) X 5c.5-0" (H) 36. 9 5f, MG nr 16 991, (W) x 5F.G0" (H) 38.39 5.P. iYgMlwmM" ssue CULVER FRANCHISING SYSTEM, o...,,,.., «. NEW CULVER'S-SIGNAL ��"M. 8940 SAGE AVE. Gh, a•I6-3a NAPLES1 FL. 34120 1 OF 1 SIGN PLACEMENT PLAN I ocsnoN: _ Olent: Culver Franchising System, Inc. SPRINGFIELD SIGN sao water Street 4825 E, Kearney St. pralde du Sac, wl 53579 SpringBeld, MO 65803 p (608) 643-7980 (417) 862-2454 3 a EbyMEW ;Ei y fill gait Sy Ali flit i @ H.�G EkS�I,YRY�#tj IIt EFL Ism MIXi eE @ a a 8 g " R a b• d§ 5 ak R =E N 3 2 @@ Y ka� C a a a F ggs v cS Ea •• n A �k @ a a 8- a 2aY� e2 is a s if w �p€ °_Cs � F It 9 eR @' g i '6 Igg R.It @e g aie it F g aYa 3 'alb Y @@ bycze 3 bt5 'f p �: p d [9 a .. 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