Agenda 03/25/2008 Item #10J
Agenda Item NO.1 OJ
March 25, 2008
Page 1 of 15
EXECUTIVE SUMMARY
Request that the Board of County Commissioners provide guidance to staff regarding the
recently received application for a permit to allow for the installation of two signs for a
Coffee Shop business located at 6345 Naples Boulevard, Pine Air Lakes PUD
OBJECTIVE: To seek guidance of the Board regarding the approval of a sign permit for
two (2) business signs for the "Bad Ass Coffee Company of Hawaii" (registered trademark)
submitted by the contractor, Signcraft Company, representing Boulevard Shoppes, LLC, 2200
Huntington Dr., Algonquin, Illinois.
CONSIDERATIONS: During the regular meeting of the Board of County Commissioners
on February 12, 2008, under Item 15, Staff and Commission General Communications,
Commissioner Coyle raised concerns about the use of what some people may deem to be
obscene language and protimity regarding the name of the proposed coffee shop under
construction within the Pine Air Lakes PUD vicinity of Naples Boulevard and Airport-Pulling
Road, During the discussion the County Attorney was directed to look at the language within
the Collier County Land Development Code (LDC) and evaluate as to whether an amendment to
the code was necessary in order to be more specific regarding what may be deemed to be
unacceptable language. The current language in the LDC is as follows;
5.06.06 Prohibited Signs
Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual
excitement, when it:
1. /s patently offensive to contemporary standards in the adult community as a
whole with respect to what is suitable sexual material for minors; and
2. Taken as a whole, lacks serious literary, artistic, politica/, or scientific value.
On March 3, 2008, an application for a business sign was filed with the Building Reiview and
Permitting Department for two wall signs of approximately 27 square feet each for the "Bad Ass
Coffee Company of Hawaii" located within the Pine Air Lake PUD. In considering the recent
discussion of the Board regarding the code and the use of unacceptable language for a business
within the county, staff is seeking Board guidance as to whether the pemit should be issued or
denied.
The Bad Ass Coffee Company of HawaiiTM, Inc., headquartered in Salt Lake City, Utah, is
purported to be a premier franchise for an existing and rapidly expanding chain of gourmet
coffee stores, The franchise originated in Hawaii and claims to have grown to over 45 stores
throughout the Hawaiian Islands and North America. The name of the company as well as the
logo on the sign is tied to the donkeys that hauled cotfee from the rugged mountains of Hawaii.
As reported on the franchise web site,
"The native people of Kana, Hawaii, remember the days of the "Bad Ass Ones." The
bellows of the donkeys could be heard echoing through the mountains as they hauled the
heavy loads of colfee up and doW/1 the mountainside. In hOllOI' of these hard workillg
donkeys, we named our coffee company. The legelld of the Kona Nightingale lives 011
I
Agenda Item NO.1 OJ
March 25, 2008
Page 2 of 15
right here at The Bad Ass Coffee CompanyTM" Such is the legend of the Bad Ass Coffee
Company ™ and our noble mascot, those hard working donkeys, known as the "Kona
Nightingales. "
FISCAL IMPACT: Application and permitting fees for the two signs is $215.00
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The LDC does not prohibit the use of coarse, vulgar or
profane language in signs. The closest provision to this is LDC S 5.06.06 Q., which provides as
follows;
5.06.06 Prohibited Signs
Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual
excitement, when it:
I. Is patently offensive to contemporary standards in the adult community as a
whole with respect to what is suitable sexual material for minors; and
2. Taken as a whole, lacks serious literary, artistic, political, or scientific value.
Since the County has previously elected not to regulate coarse, vulgar or profane language, we
have no basis to deny this or any other sign permit on such grounds. Should the Board wish to
regulate this area, an LDC amendment would be required. Our preliminary review indicates
that nationally relatively few local govenmlents have elected to regulate coarse, vulgar or
profane language on signage, presumably on the concern of lawsuits filed asserting freedom of
speech. -JAK
RECOMMENDATION: That the Board provide guidance to stafTregarding the approval or
denial of the subject sign permit.
PREPARED BY; Joseph K. Schmitt, Administrator, CDES
2
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item NO.1 OJ
March 25, 2008
Page 3 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10J
Request that the Board of County Commissioners provide guidance to staff regarding the
recently received application for a permit to allow for the installation of two signs for a Coffee
Shop business located at 6345 Naples Boulevard, Pine Air Lakes PUD. (Joseph K. Schmitt,
Administrator, CDES)
3/25/2008 90000 AM
Prepared By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/10/20083:19:11 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/10/20088:08 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/12/2008 2:03 PM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
3/13/20089:55 AM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
3/13/20083:48 PM
OMB Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
3/14/200812:37 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/14/20082:52 PM
Approved By
James V. Mudd
Board of County
County Manager
Date
County Manager's Office
3/14/20084:39 PM
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Page 2 of2
Agenda item NO.1 OJ
March 25. 2008
Page 4 of 15
Commissioners
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Permit#
Agenda Item No.1 OJ
March 25, 2008
Pa~5 of 15
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2800 N. Horseshoe Drive
Naples, Florida 34104
SIGN & FLAGPOLE PERMIT APPLICATION 12
Tax/Folio # Info 70 Or[' 21.2 0
Job Address (L"i-!S NO-IDles. ':;::iv&. -=~ .[
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Contractor Nam~' S( G ^' C J: 111= T
Job Rep. Cl.1!'I.ck t-laou ~\'I.(hl/.'
Sign status: ~~ :JReface Existing Sign:
Type of Sign: ~al1 :JGround OPole DAwning
:JReal~e :JConslruction CJOlher
Sign COpy,"1:,i'\]) A g;, ;::
Number of Signs: :J "
Square Fl Sign #1 ;2 7 . 2.;t
Square Fl 5ig' #2 .2 7. 2.;2..
Phone # {olls - n 7 7 )c',~ 0 $;
Contracted cost $ 1/, 278, -
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Permit#
Agenda Item ~~o. 10J
March 25. 2008
Page 6 of 15
RECORDED NOTICE 01' COMMENCEMENT MUST [~E POSTED IF THE PROJECT VALUATION EXCEEDS $.2.500_00
WARNING TO-OWNE~YOUR FAILURE TO RECORD A NOTICE' OFI
COMMENCEMENT MAY RESULT IN YOUR PAYING TWiCE FOR IMPROVEMENTS I
I TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH
YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF j
COMMENCEMENT.
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Agenda Item NO.1 OJ
March 25, 2008
Februar/f2: 20'685
make a final decision, but I like advice.
CHAIRMAN HENNING: Yep. Commissioner Halas? That's
the last thing I have.
Commissioner Halas, do you have anything?
COMMISSIONER HALAS: Yes. I'd like to make one thing
clear under item lOA. I voted on the negative side, and it wasn't
pertaining to any of the items that are on our fiscal year 2009
legislative agenda. All those particular items, nine of them, along with
the additional priorities and grants for the Ochopee Fire District, rural
services, fire safety, Immokalee Emergency information broadcast
equipment, Bayshore/Shadowlawn transportation corridor
improvements.
I feel that those are very well warranted. Concerns that I had was
in regards to sidewalks because of the fact that the transportation
system within the United States is pretty much in shambles, and when
we've got bridges collapsing and the freeways collapsing also, I'm
concerned about taking something up to our elected officials in
Washington.
But I can assure you that that will be addressed or aired with our
legislative representatives. But I -- so I just wanted to get that clear on
the record that I'm in favor of all of that stuff so -- except the one item
that was discussed here on the agenda, or on the dias.
Thank you very much for your time.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I promised to talk about this
a bit more. I'd just like to make sure everybody understands that you
know I am not a prude, right?
COMMISSIONER COLETTA: No.
CHAIRMAN HENNING: A prune?
COMMISSIONER COYLE: A prude.
COMMISSIONER COLETTA: No, we don't know that, sir.
COMMISSIONER COYLE: This business about this coffee
Page lIS
Agenda Item NO.1 OJ
March 25, 2008
Februarlf~~ 20'085
company with what many people consider is the offensive name, has
arisen again because there are two signs now on Naples Boulevard
advertising the fact that that coffee company is going to be setting up
offices there right across the street from the movie theater within a
short distance of the high school.
My problem is that I object to the public use of obscene and
offensive language because, you know, our children are going to start
talking that way and thinking that it's all okay. We have this Bad Ass
Coffee Company on 3rd Street Naples. Children walk by that, parents
complain about the name of the place, other parents complained today
to me about this issue, and I think we ought to try to do something
about it.
This is not the community for that kind of business name. There
are lots of other names for coffee companies. And I would just like to
see what we can do about limiting signs of that nature.
And the staff has kindly provided me a copy of the Land
Development Code on prohibited signs. I don't think the Land
Development Code is quite as explicit as it should be, although its
intent is clearly -- is fairly clear. So I would ask that staff take a look
at that and maybe provide us some modification on words and see if
we can't do something a little more explicit.
CHAIRMAN HENNING: Commissioner Coletta?
COMMISSIONER COLETT A: Yeah. Just one thought. The
Estates had to deal with this some time ago regarding driver's license,
or the plates on cars, yes.
COMMISSIONER COYLE: Plates, yes.
COMMISSIONER COLETTA: And they had to come up with a
whole array of different names that are unacceptable. And I'm -- so if
you're going to look into it, you don't have to reinvent the wheel on it;
however, you know, it's going to be kind of tricky. How do we deal
with some issues that came up before where people found some names
to be offensive and others didn't, such as Hooters. Where would that
Page 119
Agenda Item NO.1 OJ
March 25, 2008
Februaryt~, ~ab85
fall in this particular array of names?
COMMISSIONER COYLE: That's a question we'd have to
address during the study.
COMMISSIONER COLETTA: Okay.
CHAIRMAN HENNING: So you're in favor of directing staff to
take a look at the Land Development Code and potential -- make
recommendations for the amendment for -- not to offend
Commissioner Coyle?
COMMISSIONER COLETTA: Well, here's the whole thing that
I'm a little bit concerned with. We have a limited resource that's
getting more limited by the moment. Priorities have to be set. I don't
know what Mr. Schmitt would say about where he could fit it in, but
it'd be an interesting thing to deal with it. Possibly maybe we could
have some outside group do the workforce and come back with some
recommendations.
CHAIRMAN HENNING: Well, I think there's a court case on
this in the State of Florida --
COMMISSIONER COLETTA: Oh.
CHAIRMAN HENNING: -- that maybe we can get the
assistance from the county attorney and give staff direction. But I'm
willing to look at it.
Commissioner Fiala?
COMMISSIONER FIALA: Oh, no. I was just saying something
to the back of the room.
CHAIRMAN HENNING: Oh, you're going like this?
COMMISSIONER FIALA: Yeah, I was trying to catch her
attention.
CHAIRMAN HENNING: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I just wonder if we went to
the proprietor of this establishment and the other establishment that
he's going to be setting up, and ask him if he might look at addressing
the name himself without going through a whole rhetoric of things.
Page 120
.
Agenda Item NO.1 OJ
March 25, 2008
Februaryi~~ 26'O~
MR. KLATZKOW: I think it's a franchise.
COMMISSIONER COYLE: Yeah. I think it is, too. In fact, the
owner calls herself Mrs. Bad Ass, so --
COMMISSIONER HALAS: Is that her name?
COMMISSIONER COYLE: 1 don't think so.
CHAIRMAN HENNING: Can I ask you a question? I've never
been to this establishment. Once in a while I go to Lowe's so I
wouldn't really -- I'm more interested in hardware than what's on a
sign. But do they have a logo of a donkey?
COMMISSIONER COYLE: Yep.
CHAIRMAN HENNING: You know what, I think we're not
going to get anywhere on this.
COMMISSIONER COYLE: We can try.
CHAIRMAN HENNING: Yeah. Can we ask the county
attorney to -- let me find the court case.
MR. MUDD: Yes, sir. It was an Estero court case that was just
defeated, so --
CHAIRMAN HENNING: Well, that's on a different one, but this
is also very relevant because this is a national chain and it was tried in
the court. Do you mind that? Let me send that to you.
COMMISSIONER COYLE: Okay.
CHAIRMAN HENNING: I think it will answer a lot of your
questions.
COMMISSIONER COYLE: Okay. But would you have a
problem if at least the county attorney were to give me an opinion on
this --
CHAIRMAN HENNING: Sure, yeah.
COMMISSIONER COYLE: -- and work with me on that issue?
MR. KLA TZKOW: Be happy to.
COMMISSIONER COYLE: Okay, good.
CHAIRMAN HENNING: Great. Yeah. And that other one in
Estero was not a franchise. Had to do with somebody's name.
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Agenda Item NO.1 OJ
March 25, 2008
February!:!,1tabg
Anything else, commissioner Coyle?
COMMISSIONER COYLE: No, no. That's all for me, thank
you.
CHAIRMAN HENNING: Entertain a motion to adjourn.
COMMISSIONER COYLE: So moved.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: We're adjourned. Do we need a vote
on that? Yeah, there is.
All in favor of the motion?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Motion is unanimous. We're
adjourned.
****Commissioner Halas moved, seconded by Commissioner Coyle
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16Al
REFUND OF A PORTION OF A PETITION FEE RECEIVED FOR
A 2006 CYCLE OF GROWTH MANAGEMENT PLAN
AMENDMENTS WHICH AMENDMENT WAS FOUND TO BE
NOT NECESSARY - REFUND AMOUNT $16.000,00
Item #16A2
RECORDING THE FINAL PLAT OF SUNCOAST SCHOOLS
FEDERAL CREDIT UNION - W/RECEIPT OF A CERTIFICATE
Page 122