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HEX Final Decision #2026-21 INSTR 6812736 OR 6577 PG 660 RECORDED 4/20/2026 10.39 AM PAGES 12 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$103.50 HEX NO. 2026-21 HEARING EXAMINER DECISION DATE OF HEARING. March 26, 2026 PETITION. PDI-PL20240013377-The applicant requests that the Hearing Examiner consider an insubstantial change to the Estates Shopping Center CPUD, Ordinance 21-40, for a sign deviation from LDC 5.06.04.F.4,to allow two(2) signs on the front, south elevation of the building facing Golden Gate Blvd., with a combined total of no more than 180 sq ft, with the second sign at 33 sq ft.. This deviation only applies to the Tractor Supply located on the west half of Tract A within the PUD. GENERAL PURPOSE FOR THE PETITION. The petitioner requests an insubstantial change (PDI) to allow two (2) signs on the front, south elevation of the building facing Golden Gate Blvd., with a combined total of no more than 180 sq ft, with the second sign at 33 sq ft. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 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 Neighborhood Information Meeting (NIM) was advertised and held February 11, 2026, 6:00 pm at Max Hasse Community Park, located at 3390 Golden Gate Blvd W, Naples, Fl 34120. Six members of the public were present. Melissa Bergmark of Sign Permits by Mel gave an overview of the petition and then opened the meeting up to the public. There were questions about the location of the sign and stores in other tracts of the PUD property. Melissa had explained the location of the proposed signage for Tractor Supply, and she is not aware of other stores contemplated within the other tracts in the PUD. Melissa is aware only of the Tractor Supply store.No commitments were made at this meeting. Page 1 of 6 5. 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. 6. The Hearing Examiner disclosed reviewing the entire record for the petition and having no ex parte communications. 7. The County's Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2 lists the criteria for an insubstantial change to an approved PUD ordinance. The Hearing Examiner acting in the capacity of the Planning Commission shall make findings as to the original application with the criteria in Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2. LDC Section 10.02.13.E.1 Criteria: 1. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? The record evidence and testimony from the public hearing reflects that there is no proposed change to the PUD boundary. The request is strictly for sign deviations. 2. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? The record evidence and testimony from the public hearing reflects that there is no proposed increase in the number of dwelling units, intensity of land use, or height of buildings within the development. The request is strictly for sign deviations. 3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? The record evidence and testimony from the public hearing reflects that there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. The request is strictly for sign deviations, which have no impact on preservation, conservation, recreation, or open space areas. 4. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? The record evidence and testimony from the public hearing reflects that there would be no increase in the size of areas used for non-residential uses and no relocation of non- 'The Hearing Examiner's findings are italicized. Page 2 of 6 residential areas. The request is strictly for sign deviations which do not impact areas used for non-residential uses. 5. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? The record evidence and testimony from the public hearing reflects that this amendment has no substantial impacts. The request is strictly for sign deviations. 6. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The record evidence and testimony from the public hearing reflects that this amendment will not change land use activities that generate a higher level of vehicular traffic. The request is strictly for sign deviations. 7. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? The record evidence and testimony from the public hearing reflects that the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. The request is strictly for sign deviations. 8. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? The record evidence and testimony from the public hearing reflects that there will be no incompatible relationships with abutting land uses. The request is strictly for sign deviations. 9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? The record evidence and testimony from the public hearing reflects that Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff have reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the Conservation and Coastal Management Element(CCME) or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. Page 3 of 6 LDC Sec. 10.02.13.E.2 Criterion: Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 The record evidence and testimony from the public hearing reflects that the proposed change does not affect the original analysis and findings for the most recent zoning action in Petition PUDA-PL20190002354. The request is strictly for sign deviations. DEVIATION DISCUSSION. The petitioner is seeking one deviation from the LDC's requirements. The petitioner's rationale and staff analysis/recommendation are outlined below. Proposed Deviation #4 (Wall Sign) "Deviation #4 seeks relief from LDC Section 5.06.04.F.4, "Development Standards for Signs in Nonresidential Districts", which requires one wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall. To instead, allow 2 signs on the front, south elevation, facing Golden Gate Blvd, with a combined total of no more than 180 sq. ft., with the second sign at 33 sq. ft., as shown on Exhibit F-1, sign exhibit. This deviation only applies to the Tractor Supply located within the PUD." Petitioner's Justification: The requested deviation will allow for enhanced visibility of Tractor Supply customer pick up, located within Tract A of Estates Shopping Center PUD. The deviation requests additional wall sign, but the overall wall signage will not exceed the total allowable sign face area as permitted by the LDC. Tract A has multiple road frontages, including Golden Gate Blvd and Wilson Blvd, as well as areas of internal parking and drive aisles. The proposed Tractor Supply are a substantial distance from the travel lanes of Golden Gate Blvd. The additional wall sign will assist the traveling public in locating their destination safely and without causing unsafe driving conditions while traveling internally to the PUD and along external rights-of-way. The additional signs will not create a negative visual impact due to the nature of the signs. The wall signs will not exceed the allowable sign area, it will just assist the public in locating the customer pick- up area. Based on the surrounding land use pattern,frontage on multiple roadways, and internal parking areas, the additional wall signs are necessary in order to enhance visibility and awareness of the business. The additional wall sign will serve to facilitate uninterrupted driving from vehicles passing by on Golden Gate Blvd or Wilson Blvd. The wall signs will allow for additional visibility, which assists the traveling public in determining destinations without impeding traffic flow and causing unsafe driving conditions. The wall sign limitation in this case is limiting, considering the building design of Tract A. The Tract Page 4 of 6 A signage will comply with the LDC regarding all other signage requirements. For these reasons, the Applicant respectfully requests approval of this deviation. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning staff recommends APPROVAL of this deviation,finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community, " and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. " 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 Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve the Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. PDI-PL20240013377, filed by Melissa Bergmark, representing the applicant HSC Orangetree, LLC with respect to the subject property that is 4.13 acres+/- of the 41 +/- acre PUD located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard,in Section 4,Township 49 South,Range 27 East Collier County, Florida, for the following: • An insubstantial change(PDI)to Ordinance No. 21-40 Said changes are fully described in the Deviation text attached as Exhibit"A"and the sign diagram and plans attached as Exhibit`B", and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—Deviation text Exhibit B—Sign diagram and plans LEGAL DESCRIPTION. 4.13 acres+/- of the 41 +/- acre PUD located to the east of Collier Boulevard, west of Wilson Boulevard North, south of 10th Avenue SW, and north of Golden Gate Boulevard West, more specifically located in the Estates Shopping Center, Golden Gate Estates, Section 4, Township 49, Range 27, Collier County Florida. Parcel Number 37119840001. CONDITIONS. Page 5 of 6 • The applicant submits a Final Plat before issuance of the sign permit • 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. 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. April 17, 2026 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 6 of 6 EXHIBIT "A " PROPOSED AMENDED PUD LANGUAGE EXHIBIT F ESTATES SHOPPING CENTER PUD LIST OF DEVIATIONS ********************** DEVIATION 4: A deviation from LDC Section 5.06.04.F.4, "Development Standards for Signs in Nonresidential Districts", which requires one wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall. To instead, allow 2 signs on the front, south elevation facing Golden Gate Blvd, with a combined total of no more than 180 sg.ft., with the second sign at 33 sg.ft. as shown on Exhibit F-1, sign exhibit. This deviation only applies to the Tractor Supply located within the PUD. 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