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HEX Final Decision 2014-26 HEX NO. 2014–26 HEARING EXAMINER DECISION PETITION NO. SV-PL20140000256 – UP Development Naples Dicks, LLC requests a variance from the two wall sign limitation for outparcels in LDC 5.06.04.F.2 and the 200 square feet total wall sign size limitation in LDC Section 5.06.04.F.4.a, to allow for three wall signs—one each on the North, East and South facades—measuring 509.5 total square feet, for the proposed Dicks Sporting Goods retail building located on the west side of Naples Boulevard, north of Pine Ridge Road, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. DATE OF HEARING: September 25, 2014 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 Section 5.06.08 B of the Land Development Code has been met and the petition should be approved. ANALYSIS: The original sign variance application was submitted with the premise that the subject parcel was an "outparcel." After further review, staff determined that this is not an "outparcel" and not subject to LDC Section 5.06.04.F.2, which limited the number of wall signs to two. Instead, this parcel is subject to LDC Section 5.06.04.F.4, which permits a maximum of three wall signs for buildings between 25,000 and 59,999 square feet, and with a length in excess of 200 lineal feet. Accordingly, the applicant no longer needs a variance to allow for the additional, third wall sign. Therefore, the applicant only needs a variance from the 200 square foot total wall sign size limitation under LDC Section 5.06.04.F.4.a. The applicant has accepted a staff recommendation to reduce the total sign square footage to 421.60 by reducing the "Elevation D" sign from 158.1 square feet to 70.2 square feet. DECISION: Petition SV-PL20140000256, filed by Thomas Gianni of Imageone Industries, representing UP Development Naples Dicks, LLC, with respect to the property hereinafter described, is hereby approved for a variance from Section 5.06.04.F.4.a of the Land Development Code, to increase the maximum combined square footage of the wall signs from the allowed 200 square feet to 421.60 square feet, in accordance with the Proposed Sign Elevations attached as Exhibit "A", and as subject to the condition(s) set forth below. [14-CPS-01299/1117285/111 8 1 oft ATTACHMENTS: Exhibit A—Proposed Sign Elevations Exhibit B—Legal Description LEGAL DESCRIPTION: See Exhibit B. CONDITIONS: 1. The sign on the front façade (east elevation) shall be limited to 281.2 square feet in area. 2. The signs on the side façades (north and south elevations) shall each be limited to 70.2 square feet in area. 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, Collier County. 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.osp-f_ L I J CLKi Date Mark Strain, Hearing Examiner Approve. •s to foll an d legality: -∎ Scott A Stone - Assistant County Attorney [14-CPS-01299/1117285/1]18 2 of 2 4 a = IAA a b Y m Ct- _ alr s `1 z }s an Li ci)minim = a ac 4c sac I Lail 5-) CC I 13--J\__.)-En I wei Z er '• O Li.. ••■ O QO.' .. Cis 8 a N o r.. ' __ Cg o c� I I _ -II Oa C (a—C.) =1 11:3 6 11 rz N ca • Z I 1 t rel ,.&71.1 (==a( _ . c4 z at e. ©c= 11 i vs 0 . y ;. 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Ian I N ,, CM ffl g t ' mil iiiillpi I= b CO IF- I— 1 IJ T ..."°4 12/ .. ,, . -- — W EXHIBIT `B" PARCEL 2: COMMENCE AT THE SOUTHWEST OF PINEA �K , UNIT ONE AS RECORDED IN PLAT BOOK 24, PAGES 98 THROUG 1 MLUe 6).F PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR A POINT OF BEGENNWG, NCE RUN NORTH 00°24'09"WEST ALONG THE WEST LINE OF SAID PINE AIR LAKES, UNIT ONE,A DISTANCE OF 1006.19 FEET;THENCE RUN NORTH 89°35'51"EAST,A DISTANCE OF 435.21 FEET;THENCE RUN NORTH 00°24'09"WEST, A DISTANCE OF 25.30 FEET;THENCE RUN NORTH 89°35'51"EAST,A DISTANCE OF 235.00 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF NAPLES BOULEVARD(120'R/W), SAID POINT BEING ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 975.00 FEET,A CENTRAL ANGLE OF 23°28'50"AND A CHORD BEARING AND DISTANCE OF SOUTH 10°09'25'WEST, 396.78 FEET, RESPECTIVELY;THENCE RUN SOUTHERLY ALONG SAID CURVE OF THE WESTERLY RIGHT-OF-WAY LINE OF NAPLES BOULEVARD,AN ARC DISTANCE OF 399.57 FEET TO THE POINT OF TANGENCY OF SAID CURVE;THENCE RUN SOUTH 01°3500"EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF NAPLES BOULEVARD,A DISTANCE OF 640.97 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID PINE AIR LAKES, UNIT ONE;THENCE RUN SOUTH 89°32'40"WEST ALONG SAID SOUTHERLY LINE OF PINE AIR LAKES, UNIT ONE,A DISTANCE OF 610.70 FEET TO THE POINT OF BEGINNING. •