HEX Final Decision 2015-24 HEX NO. 2015—24
HEARING EXAMINER DECISION
PETITION NO. SV-PL20140000590 — Lotus Gunworks Naples, LLC requests a variance
from LDC Section 5.06.04.F.1, which requires a minimum separation of 1,000 feet between
pole or ground signs on multiple-occupancy parcels, to instead allow a minimum
separation of 250 feet between one pole sign and one ground sign located along Vanderbilt
Beach Road, and a minimum separation of 775 feet between one ground sign located along
Vanderbilt Beach Road and one pole sign located along Airport-Pulling Road; and from
LDC Section 5.06.04.F.4, which limits a 25,000 square foot building in a multiple-
occupancy parcel to one wall sign with a maximum sign area of 200 square feet, to instead
allow six wall signs with a total maximum sign area of 60 square feet, for Olympia Park a
Land Condominium, Unit 400, located within the Walgreens PUD, Ordinance 99-53, in
Section 2, Township 49 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: June 11, 2015.
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:
This petition is for two sign variances. The first request is for a ground sign to be located closer
to other existing ground signs than is allowed under the LDC. Currently there are two directory
signs for this project, one at each road frontage. This is a multiple tenant Planned Unit
Development (PUD) with frontage on two arterial roadways. The requested ground sign could
only be allowed through a sign variance to reduce the required separation distances from the
existing signs.
The second request is for changes to the wall sign requirements. One wall sign at 200 square
feet is allowed, but this request is for six wall signs at 60 square feet. The front wall was planned
with six different elements that are considered signage: one emblem and 5 textual elements in
varied locations on the front facade. The total area for the six elements is 60 square feet.
Typically staff has applied a process to measure signs with multiple elements by geometrically
connecting all of the sign elements together. In this case that connection, including the dead
space between the sign elements, is calculated to be greater than the allowed 200 square feet
area. This sign variance would eliminate the dead space as part of the calculated area of the sign
by allowing six independent signs instead of one total sign.
[14-CPS-01352/1151228/1121 1 of3
The ground sign and the 60 square feet of wall signs are still far less than the size of an allowed
single wall sign. It is debatable that the methodology employed by staff to connect and measure
the wall signage is the only method that is provided by the code.
One letter of opposition was received expressing concern over additional signage. There were
no members of the public in attendance either for or against this petition.
DECISION:
Petition SV-PL20140000590, filed by Jeffrey L. Scott on behalf of Lotus Gunworks Naples
LLC, with respect to the property hereinafter described, is hereby approved for the following
variances from the Land Development Code, in accordance with the Proposed Site Plan attached
as Exhibit "A":
1. from LDC Section 5.06.04.F.1, which requires a minimum separation of 1,000 feet
between pole or ground signs on multiple-occupancy parcels, to instead allow a minimum
separation of 250 feet between one pole sign and one ground sign located along
Vanderbilt Beach Road, and a minimum separation of 775 feet between one ground sign
located along Vanderbilt Beach Road and one pole sign located along Airport-Pulling
Road; and
2. from LDC Section 5.06.04.F.4, which limits a 25,000 square foot building in a multiple-
occupancy parcel to one wall sign with a maximum sign area of 200 square feet, to
instead allow six wall signs with a total maximum sign area of 60 square feet.
These variances are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Proposed Site Plan
Exhibit B —Ground sign dimensions
Exhibit C— Wall signs dimensions
LEGAL DESCRIPTION: Unit 400, OLYMPIA PARK, a Land Condominium, a
Condominium according to the Declaration of Condominium thereof, recorded in Official
Records Book 2763, Page 131, of the Public Records of Collier County, Florida, and any
amendments thereto, together with its undivided share in the common elements.
CONDITIONS:
1. Ground sign no greater than dimensions shown in Exhibit B.
2. Wall signs shall not exceed total 60 square feet, as shown in Exhibit C.
3. Permit number PRBD20150202908 shall be revised to be consistent with the approved
variances.
[14-CPS-01352/1151228/1]21 2 of 3
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.
/r
Date Mark Strain, Hearing Examiner
Approv as to form and legality:
viliat-
MWM
Scott A Ston'
Assistant County Attorney
[14-CPS-01352/1151228/1]21 3 of 3
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