HEX Final Decision 2014-39 HEX NO. 2014—39
HEARING EXAMINER DECISION
PETITION NO. SV-PL20140001152 — RaceTrac Petroleum, Inc. requests a variance from
LDC Section 5.05.05.C.2.b, which limits automobile service station canopies to one
illuminated corporate logo with a maximum area of 12 square feet on the canopy face
adjacent to a dedicated street, to instead allow the corporate logo to have a maximum area
of 51 square feet, and to be located on the north side canopy face which is not adjacent to a
dedicated street; from LDC Section 5.06.04 F.4, which limits single occupancy parcels with
double frontage on a public right-of-way to two total wall signs, each sign on a different
façade, to instead allow four total wall signs, one on the south façade and three on the west
façade; and from LDC Section 5.06.04 F.4.e, which limits non-illuminated, non-reflective
signs located in a window to cover a maximum of 25% of the window area, to instead allow
such a sign to cover a maximum of 46% of the window area, for the proposed RaceTrac
automobile service station located on the northeast corner of the Collier Boulevard (CR
951) and Manatee Road intersection, in Section 10, Township 51 South, Range 26 East,
Collier County, Florida.
DATE OF HEARING: December 11, 2014.
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 with
modifications.
ANALYSIS:
This variance application addresses signage for an automobile service station, including a
convenience store and fueling facilities. There is a canopy covering the fueling area that is 274
feet long by 40 feet wide. The sign changes requested are for both the fueling canopy and the
front façade of the convenience store.
The increase in the signs for the canopy is proportionate to the size and elevation of the canopy
sides where they will be attached. The additional canopy sign to the north is aligned with
commercial uses to the north. The locations of canopy signs to the south and west are consistent
with the Land Development Code, but the applicant requests an increase in each sign's square
footage that is more proportionate to the size of the south and west canopy façades.
To further compatibility with the adjoining residential community, the applicant offered buffer
enhancements along their eastern property line that abuts a mobile home residential community.
[14-CPS-01332/1137163/1]29 1 of 3
Two members of the public attended. One speaker noted her home is adjacent to this project and
questioned the ability of the site to retain its stormwater with the amount of fill added to the site.
Staff provided testimony to assure her this project was reviewed at various staff levels by not
only Collier County but also South Florida Water Management District to confirm that the
project would not increase stormwater runoff from the site.
DECISION:
Petition SV-PL PL20140001152, filed by Kristina Johnson of DeLisi Fitzgerald, Inc.,
representing RaceTrac Petroleum, Inc., with respect to the property described herein, is hereby
approved for the following variances:
1. from LDC Section 5.05.05.C.2.b, which limits automobile service station canopies to one
illuminated corporate logo with a maximum area of 12 square feet on the canopy face adjacent to
a dedicated street, to instead allow the corporate logo to have a maximum area of 37.5 square
feet, on the north side canopy face which is not adjacent to either of the dedicated streets; to
allow the corporate logo facing a dedicated street (Manatee Road) to the south to have a
maximum area of 37.5 square feet; and to allow the corporate logo on a dedicated street (Collier
Boulevard) to the west to have a maximum area of 51 square feet.
2. from LDC Section 5.06.04 F.4, which limits single occupancy parcels with double
frontage on a public right-of-way to two total wall signs, each sign on a different façade, to
instead allow four total wall signs, one on the south façade and three on the west facade; and
3. from LDC Section 5.06.04 F.4.e, which limits non-illuminated, non-reflective signs
located in a window to cover a maximum of 25% of the window area, to instead allow such a
sign to cover a maximum of 46% of the window area.
These variances are granted in accordance with the Proposed Site Plan attached as Exhibit "A",
and are subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Proposed Site Plan
Exhibit B—Legal Description
LEGAL DESCRIPTION: See Exhibit B.
CONDITIONS:
1. The rear masonry wall adjacent to the residential community to the east shall be increased
from the required height of 6 feet to a height of 8 feet, as offered by the applicant;
2. The canopy trees that will be used along the rear of the project will be mahogany trees as
specified by the Land Development Code and as offered by the applicant in lieu of live
oak trees.
[14-CPS-01332/1137163/1]29 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, 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.
a L tcf 14 ail, PlawLA....._
Date Mar Strain, Hearing Examiner
Apppved as to form and legality:
Sco A Stone
Assistant County Attorney
[14-CP5-01332/1137163/1]29 3 of 3
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EXHIBIT B
Nanits Engineering
Professional Engineers, Planners&Land Surveyors
FORT MYERS• SARASOTA•PORT CHARLOTTE
DESCRIPTION
...OE
A PARCEL OF LAND
LYING IN
SECTION 10,TOWNSHIP 51 SOUTH,RANGE 26 EAST
COLLIER COUNTY,FLORIDA
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER,LYING IN
SECTION 10,TOWNSHIP 51 SOUTH,RANGE 26 EAST,BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 10;THENCE S 89°22'04"E ALONG THE SOUTH LINE OF SAID FRACTION FOR 404.71 FEET;
THENCE N 02°26'56"E FOR 30.02 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF
COUNTY ROAD NO.31,MANATEE ROAD,(60.00 FEET WIDE)AND THE POINT OF BEGINNING OF A PARCEL OF
LAND HEREIN DESCRIBED;THENCE CONTINUE N 02°2616"E FOR 150.00 FEET;THENCE N 89°22'04"W FOR
268.24 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO.951,COLLIER
BOULEVARD(200.00 FEET WIDE)PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP
SECTION 03030-2511;THENCE S 02°26'56"W ALONG SAID EAST LINE FOR 150.00 FEET TO AN INTERSECTION
WITH SAID NORTH LINE RIGHT-OF-WAY LINE OF COUNTY ROAD NO.31;THENCE S 89°2204"E ALONG SAID
NORTH LINE FOR 268.24 FEET TO THE POINT OF BEGINNING.
...--_--- ,,.., ----...
PARCEL CONTAINS 0.92 ACRES,MORE OR LE1 VA. C...,0 6"---.„
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SUBJECT TO EASEMENTS,RESTRICTIGNXSERVATIONS AND '-'9F-WAY OF RECORD.
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BEARINGS AND DISTANCES AREisrk.S N"TH U
P ATE PLANE COO INA SYSTEM'FLORIDA ZONE EAST
7itiz„ ,
NAD 83(CORS).WHEREIN THE T R H t ,WAt• •' . .• 951 BEAS S *26'56"W.
DESCRIPTION PREPARED 04-15- 013./ \.,1 illUr
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RICHARD M.RITZ 'C's.
REGISTERED LAND SURVEYOR i 04, ' \-
FLORIDA CERTIFICATION NO.401'
DATE SIGNED 04-15-2013 Cg-C
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10511 Six Mile Cypress Parkway-Suite 101 Fort Myers,Florida 33966•(239)939-5490•Fax(239)939-2523
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