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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 EXHIBIT A l!'l efil c‘i v.-. sif?' 11;1 La) cs) • i-: `JJ ,- _ ::= -4, co 0 11-i Q. L., = i D RS U7 C C C -i8 CD 01 cn cs) :I Pt, c ,E.Icr. U. Es, c4 c9,0 tm C) ..., — cm I, 0. L. 0 0 'a '0::t 0 0 0 W c .::: acc .0 0 0 tx = t tti CU )-- 1- 11300011 z t-,.i ,e: I 0 0000000 ,,.- i-..-. .. 1„,......} :...,. .... . . , (r. 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PARCEL CONTAINS 0.92 ACRES,MORE OR LE1 VA. C...,0 6"---.„ „,--,, ,s ..„-----..„ i N SUBJECT TO EASEMENTS,RESTRICTIGNXSERVATIONS AND '-'9F-WAY OF RECORD. / L)/ 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 , n - -1I ) , ,.... A - . ......, :7 RICHARD M.RITZ 'C's. REGISTERED LAND SURVEYOR i 04, ' \- FLORIDA CERTIFICATION NO.401' DATE SIGNED 04-15-2013 Cg-C a VI;V:e:,''''(S, II'.1:-...s.\ :•; '-1.. .-Z■i-1 1-■:'-1..-1'.''.. :1:■..1'. ...'■':•:NI?:....1:...;'•1 :1•::.'..::,".1)1■; c O.111 ...,r,It ..• ,t•:.1,: !..'.1%\%:: 10511 Six Mile Cypress Parkway-Suite 101 Fort Myers,Florida 33966•(239)939-5490•Fax(239)939-2523 _ -- -- - -- — - --- - - - - -