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HEX Final Decision 2016-27 HEX NO. 2016–27 HEARING EXAMINER DECISION PETITION NO. SV-PL20150002660 – North Naples, LLC requests a variance from LDC Section 5.06.04 F.1.a, which limits pole signs within nonresidential zoning districts to a maximum height of 15 feet when located along an arterial or collector road, to instead allow a maximum height of 24.9 feet; from LDC Section 5.06.04 F.4, which limits single- occupancy parcels to a maximum of one total wall sign, to instead allow a maximum of three total wall signs—one on the west elevation, one on the north elevation, and one on the south elevation; and from LDC Section 5.06.04 F.1.c, which limits pole signs located along an arterial road to a maximum sign area of 80 square feet, to instead allow a maximum sign area of 118.75, for the proposed Mercedes Benz dealership located on the east side of U.S. 41, approximately one quarter mile north of the Old 41 and U.S. 41 intersection, in Section 9, Township 48 South, Range 25 East, Collier County, Florida, consisting of 7.8± acres. DATE OF HEARING: July 14, 2016 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, 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: No written objections were received for this application, however, a member of the public representing an adjacent neighborhood expressed concerns prior to the hearing. Members of the public unrelated to the applicant did attend this hearing. The original application included a request to increase the pole sign height and sign area beyond the maximum height and sign area allowed by Code. However, during the hearing the applicant withdrew these requests. A member of the public who previously had concerns for this application expressed no objection to this application. DECISION: Petition SV-PL20150002660, filed by Mark Brenchley, Planning Consultant, representing North Naples, LLC, with respect to the property described in Exhibit "A", is hereby approved for a variance from LDC Section 5.06.04 F.4, which limits single-occupancy parcels to a maximum of one total wall sign, to instead allow a maximum of three total wall signs (one on the west elevation, one on the north elevation, and one on the south elevation), in accordance with the Proposed Site Plan attached as Exhibit "B", and as subject to the condition(s) set forth below. [16-CPS-01513/1270009/1150 1 of 2 ATTACHMENTS: Exhibit A—Legal Description Exhibit B—Proposed Site Plan LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. 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. 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. 11 _ 1° �� (4, Date Mark Strain, Hearing Examiner App oved as to form and legality: .II Scott A. Stone Assistant County Attorney [16-CPS-01513/1270009/1]50 2 of 2 OR 5058 PG 1402 EXHIBIT"A" LEGAL DESCRIPTION Parcel 1: That portion of the South 1/2 of the South 1/2 of the South 1/2 of Section 9, Township 48 South, 1 Range 25 East, Collier County, Florida, Lying East of U.S. Highway No. 41 (Florida State Road No.45),being more particularly described as follows: BEGIN at the Southeast corner of Section 9, Township 48 South, Range 25 East, Collier County, Florida; Thence run South 88°05'34" West along the South line of the Southeast Quarter of said Section 9, for a distance of 444.26 feet to a point on the Easterly right-of-way line of U.S.Highway No. 41 (S.R. No. 45), a 200.00 foot right-of-way; thence run North 16°11'03" West, along said Easterly right-of-way line for a distance of 379.16 feet to the beginning of a tangential circular curve,concave to the East;thence runoditi, +k •�g••:' Easterly right-of-way line and along the arc of said curve to the right,havi• L : r. ; rough a central angle of 03°03'56", 1 subtended by a Chord of 301.1 earing of Nort` y 7" West,for a distance of 301.21 feet, to a point on the North in- • the South half of the S. th h if of the Southeast 1/4 of said Section 9;thence run Nort 88° ast, • ••_ se orth li • of a South 1/2 of the South 1/2 of the Southeast 1/4 of sai Sec ion ', for di :•ce o 5'0.70 fe to point on the East line of the Southeast 1/4 of said Se do ", =r4 • • roil •' '"1• • ast, along the East line of the Southeast 1/4 of said Sect on • fo a •i•ta o •••T. -, • + e� 01 T OF BEGINNING. Parcel 2: ,f Non-exclusive easement fo\'t •enefit of Parcel 1 a re-ted ccess Easement recorded in Official Records Book 2974, ge 208 for the purpose •, . alar and pedestrian ingress and egress over and across the land '.•• . follows: t'168s- A strip of land lying in a portion of th l a f - outheast quarter of the Southeast quarter of Section 9, Township 48 South, Range 25 East, Collier County, Florida, and more particularly described as follows: Beginning at an intersection with the South line of the North half of the Southeast quarter of the Southeast quarter of said Section 9 and the Easterly right-of-way line of U.S. Highway No. 41 (State Road No.45)run along said Easterly right-of-way line for a distance of 58.09 feet along the arc of a curve concave to the Northeast having a radius of 5629.58 feet, a central angle of 00°35'28" a chord distance of 58.09 feet and a chord bearing of N.12°49'24" W. to a point on a non-tangential line; thence leaving said Easterly right-of-way line run N.88°17'51" E. along a line parallel with and 57 feet North of the South line of the North half of the Southeast quarter of the Southeast quarter of said Section 9 for a distance of 126.20 feet; thence run S.01°42'09" E. for a distance of 57.00 feet to a point on said South line; thence run S.88°1751" W. along said South line for a distance of 115.00 feet to the Point of Beginning. 3054513_2.doc 7/11/2014 „,, i,,.,,I 1. „,,„1,I1 ::-7-7: ' , e 1 . , _ , '7"--- OP' - - : FY \ '--1,, 1..., , 1 ; r _ ] I V g ' • I. 1 n.1 ITI / 'a • : I 1 ' '. °' I l* :- 7,7.• -a- , . 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