HEX Final Decision 2015-21 HEX NO. 2015—21
HEARING EXAMINER DECISION
PETITION NO. SV-PL20150000086 — RaceTrac Petroleum, Inc. requests a variance from
LDC Section 5.05.05.C.2.b, which limits automobile service station canopies to one
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 50 square
feet on the canopy façade facing Tamiami Trail East and 37 square feet on the façade
facing Barefoot-Williams Road, and 37 square feet on the façade facing a vacant
commercial parcel which is located on the east side of the fuel canopy and 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
facade, to instead allow four total wall signs, one on the northwest building façade facing
Barefoot-Williams Road and three on the northeast building façade facing Tamiami Trail
East; 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 southeast corner of Tamiami Trail East and
Barefoot-Williams Road intersection, in Section 33, Township 50 South, Range 26 East,
Collier County, Florida.
DATE OF HEARING: May 14, 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 is approved.
ANALYSIS:
This variance application addresses signage for an automobile service station, including a
convenience store and fueling facilities. There is a canopy covering the fuel area that is 219 feet
long by 40 feet wide. The sign changes requested are for both the fueling canopy and the front
façades of the convenience store.
The increase in the size of the canopy signs is proportionate to the size and elevation of the
canopy sides where they will be attached. The additional canopy sign on the east side of the fuel
canopy is facing a vacant commercial parcel to the east,
To further improve compatibility with the adjacent residential community, the applicant offered
buffer enhancements along their rear property line.
[15-CPS-01411/1179308/1126 1 of 3
DECISION:
Petition SV-PL20150000086, filed by Kristina Johnson of DeLisi Fitzgerald, Inc., representing
RaceTrac Petroleum, Inc., is hereby approved for the following variances for the property
located at 11700 Tamiami Trail East and further described in Exhibit"A", in accordance with the
Proposed Site Plan attached as Exhibit`B", and as subject to the condition(s) set forth below:
1. from LDC Section 5.05.05.C.2.b, which limits automobile service station canopies to one
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 50 square
feet on the canopy façade facing Tamiami Trail East and 37 square feet on the façade
facing Barefoot-Williams Road, and 37 square feet on the façade facing a vacant
commercial parcel which is located on the east side of the fuel canopy and not adjacent to
a dedicated street;
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 facade,
to instead allow four total wall signs, one on the northwest building façade facing
Barefoot-Williams Road and three on the northeast building façade facing Tamiami Trail
East; 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.
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B—Proposed Site Plan
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
I. The rear masonry wall to the south shall be increased from the required minimum height
of 6 feet to a height of 8 feet, as offered by the applicant.
2. The canopy trees that are required by the Land Development Code 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.
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.
[15-CPS-01411/1179308/1]26 2 of 3
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.
V
5— lq - 2015 (
Date M. k Strain, Hearing Examiner
App ved as t orm and legality:
Sco A Stone
Assistant County Attorney
[15-CPS-0141 1/1 1 79308/1]26 3 of3
*** OR 5011 PG 78 ***
EXHIBIT "A"
Commence at the West 1/4 corner of Section 33,Township 50 South,Range 26 East,Collier County,Florida,
proceed Northerly along the section line between said Section 33 and Section 32,Township 50 South,Range
26 East,North 02 degrees 49 48"East,884.91 feet to a point on the south right-of-way line of U.S.41;thence
Southeasterly along said right-of-way line,44 24 feet along the arc of a curve concave to the Northeast having
a radius of 3,210.55 feet,a central angle of 0 degrees 47 22",and a chord distance of 4423 feet,bearing South
54 degrees 01'20"East to a point of tangency;thence South 54 degrees 25'01"East along said right-of-way
line 1,12437 feet to the Point of Beginning of the herein described parcel;thence continue South 54 degrees
25'01"East 600 feet along said right-of-way line;thence South 35 degrees 34'59"West 321.16 feet;thence
North 54 degrees 25'01"West 541.69 feet,to 8 point on the East right-of-way line of Barefoot Williams Road;
thence Northerly along said right-of-way line 132.69 feet along the arc of a curve concave to the East having a
radius of 140.00 feet,a central angle of 54 degrees 18'18",and a chord distance of 127.78 feet bearing North
08 degrees 25'50"East to a point of tangency;thence North 35 degrees 34'59"East,207A6 feet to the Point
of Beginning.
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Exhibit B
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