HEX Final Decision 2015-14 HEX NO. 2015— 14
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20140000859 —RaceTrac Petroleum, Inc. requests an insubstantial
change to Ordinance No. 99-91, the Sierra Meadows PUD, to amend Section IV, the
Commercial District, by adding deviations from LDC Section 5.05.05.C.2.c, to allow one
gas station ground sign in excess of the maximum 8-foot height and 60-square foot sign
area; from LDC Section 5.05.05.C.2.b, to allow one illuminated corporate logo on a gas
station canopy face in excess of the maximum 12-square foot sign area, and one additional
corporate logo on a canopy face that is not adjacent to a dedicated street; from LDC
Section 5.06.04.F.4, to allow a nonresidential single-occupancy parcel with double frontage
to have more than the maximum 2 wall signs, and to be located on more than the maximum
1 wall; from LDC Section 4.06.03.B.2, to allow parking rows to contain more than the
maximum 10 consecutive parking spaces between required landscape islands; from LDC
Section 5.05.08.C.6, to allow false windows as one of the required primary design standards
for a building facade; from LDC Section 5.06.04.F.1.f.i.a, to allow one non-residential
ground sign to be placed closer than the minimum 10 feet from a property line; and from
LDC Section 5.06.04.F.4.e, to allow a non-residential, non-illuminated, non-reflective
window sign to cover more than the maximum 25-percent of the window area. The subject
property consists of 1.97± acres, located on the southwest corner of the Collier Boulevard
(CR 951) and Rattlesnake Hammock Road intersection, in Section 22, Township 50 South,
Range 26 East, Collier County, Florida.
DATE OF HEARING: March 26, 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 Sections
10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is
approved.
ANALYSIS:
Six members of the public signed the Neighborhood Information Meeting (NIM) sign-in sheet.
Questions were raised by the public and explanations provided by the applicant. No written
objections have been received by staff or this office and no members of the public attended the
Hearing Examiner's meeting. During the NIM, the applicant noted this site will be similar to the
style of development that was recently completed for the RaceTrac at Collier Boulevard and
Manatee Road.
Several of the requested deviations require additional specificity and those deviations have been
modified consistent with the following:
Deviation #1 requested a larger size ground sign. This was not supported by staff. The
applicant reduced this request to a size consistent with the distance the ground sign will
[14-CPS-01330/1151195/1]21 1 of 2
be placed from the nearest travel lane on Collier Boulevard. A separate exhibit
addressing the dimensions of this revised ground sign is attached as Exhibit"2".
Deviation #2 increased canopy signage size. The canopy is rectangular at approximately
219 feet in a north-south direction and 40 feet in an east-west direction. The size of these
signs should be proportional to the size and elevation of the canopy sides. The canopy
sign facing east (Collier Boulevard) will not exceed 51 square feet and the two additional
canopy signs, one facing south and one facing north, will not exceed 37.5 square feet
each.
Deviation#5 was not supported by staff. This deviation requests a 14-space parking row
immediately in front of the building with landscaped parking islands solely on the ends
instead of a landscape island every 10 consecutive spaces. The location of the row along
the front access-way and the extent of the landscaping elsewhere on the site provides
justification to support this deviation.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20140000859, filed by Kristina
Johnson of DiLisi Fitzgerald Inc. representing RaceTrac Petroleum, Inc., with respect to the
property located at the southwest corner of the intersection of Collier Boulevard and Rattlesnake
Hammock Road, and more fully described herein, for the following insubstantial changes
described in the Sierra Meadow PUD amendment attached as Exhibit "1" and the Sign Detail
attached as Exhibit"2".
ATTACHMENTS: Exhibit 1 —PUD Amendment
Exhibit 2—Sign Detail for Deviation#1
LEGAL DESCRIPTION: See Exhibit C of the attached Exhibit 1.
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. ' /
LI- G- WIS Uv Q `�- p)4k....,..,
Date M k Strain, Hearing Examiner
Appro ed as to fo and legality:
Scott A. Stone
Assistant County Attorney
[14-CPS-01330/1151195/1121 2 of 2
AMENDMENT TO ORDINANCE 99-91, THE SIERRA MEADOWS PUD
The Table of Contents/List of Exhibits, of the PUD Document attached to Ordinance 99-91, the
Sierra Meadows PUD, is hereby amended as follows:
LIST OF EXHIBITS
EXHIBIT"A" PUD Ordinance
EXHIBIT"B" Master Concept Plan
EXHIBIT"C" Parcel 4 Legal Description and Sketch
Exhibit 1 of HEX No. 2015-14
Words struck through are deleted; Words underlined are added Page 1 of 6
Section 4.6, Deviations from the LDC, is hereby added to the PUD Document attached to
Ordinance 99-91,the Sierra Meadows PUD, as follows:
SECTION IV
COMMERCIAL DISTRICT
4.6 DEVIATIONS FROM LDC
The following deviations from the Land Development Code are applicable to the property
described in Exhibit"C" of the PUD.
Deviation # 1: From LDC Section 5.05.05.C.2.c. which limits automobile service stations
to one (1) ground sign with a maximum height of eight (8) feet and sign area of sixty(60)
square feet to instead allow one (1) ground sign with a maximum height of nine (9) feet,
measured from the landscaping berm and excluding the architectural cap, and a
maximum sign area of eighty (80) square feet for a scroll price sign along the Collier
Boulevard frontage.
Deviation# 2: From LDC Section 5.05.05.C.2.b. which limits automobile service stations
to one (1) illuminated corporate logo with a maximum area of twelve (12) square feet on
a canopy face which is adjacent to a dedicated street or highway, to instead allow a
maximum canopy sign area of fifty-one (51) square feet adjacent to the canopy side
facing east (Collier Boulevard) and a maximum canopy sign area of 37.5 square feet on
each side of the canopy facing north and south.
Deviation # 3: From LDC Section 5.05.05.C.2.b. which limits automobile service stations
to one (1) illuminated corporate logo on a canopy face which is adjacent to a dedicated
street or highway to instead allow one (1) illuminated corporate logo on the south canopy
face which is not adjacent to a dedicated street or highway. The one (1) illuminated
corporate logo on the south canopy face is in addition to the Code allowed illuminated
corporate logo on a canopy face adjacent to a dedicated street or highway.
Deviation # 4: From LDC Section 5.06.04.F.4. which limits nonresidential single-
occupancy parcels with double frontage on public rights-of-way to two (2) wall signs,
each on a separate facade to instead allow four(4) wall signs, one (1) on the south façade
and three (3) on the east facade.
Deviation # 5: From LDC Section 4.06.03.B.2. which requires that all rows of parking
spaces shall contain no more than ten (10) consecutive parking spaces between required
landscape islands to instead allow a maximum of fourteen (14) consecutive parking
Exhibit 1 of HEX No. 2015-14
Words struck- rough are deleted;Words underlined are added Page 2 of 6
spaces between required landscape islands for the parking row along the entry side of the
building facing east(Collier Boulevard).
Deviation # 6: Collier County LDC Section 5.05.08.C.6. which states that windows must
not be false or applied, to allow the northern building façade to utilize false windows as
one (1) of the required primary design standards for a building facade.
Deviation # 7: From LDC Section 5.06.04.F.l.f.i.a) which requires non-residential
ground signs to be placed no closer than ten (10) feet from any property line to instead
allow the ground sign to be placed five (5) feet from the property line along the Collier
Boulevard right-of-way.
Deviation # 8: From LDC Section 5.06.04.F.4.e. which limits non-residential, non-
illuminated, non-reflective signs located in a window to cover no more than 25-percent of
the window area, to instead allow a non-illuminated, non-reflective window cling sign to
cover 46-percent of the window area on the east facade.
Exhibit 1 of HEX No. 2015-14
Words struck hrough are deleted; Words underlined are added Page 3 of 6
Exhibit C, Parcel 4 Legal Description, attached hereto and incorporated herein, is hereby added
to the PUD Document attached to Ordinance 99-91,the Sierra Meadows PUD.
EXHIBIT C
PARCEL 4- SKETCH AND LEGAL DESCRIPTION
Exhibit 1 of HEX No. 2015-14
Words steaceugh are deleted;Words underlined are added Page 4 of 6
ExHIB17 C Page 1 u1 L
LEGAL DESCRIPTION
OF A PARCEL LYING IN
SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION:
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER, LYING IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A
PART OF LOT 4 OF SIERRA MEADOW, A SUBDIVISION RECORDED IN PLAT BOOK 39,
PAGES 11, 12 AND 13 IN THE PUBLIC RECORDS OF COLLIER COUNTY, AND BEING
FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SUBDIVISION;
THENCE N.68'03.44"E., ALONG THE SOUTH LINE OF TRACT "G" OF SAID
SUBDIVISION FOR 8.01 FEET TO THE POINT OF BEGINNING; THENCE S.01'06'09"W.,
ALONG A UNE PARALLEL TO AND 8.00 FEET EAST (AS MEASURED ON THE
PERPENDICULAR) OF THE EAST LINE OF SAID LOT 3 FOR 275.39 FEET; THENCE
5.88'03'44"W., FOR 8.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3, AND
AN INTERSECTION WITH THE EASTERLY RIGHT—OF—WAY LINE OF SIERRA MEADOWS
BOULEVARD (50 FEET WIDE); THENCE S.01'06'09"W., ALONG SAID EASTERLY
RIGHT—OF—WAY LINE FOR 47.58 FEET TO THE NORTHWEST CORNER OF LOT 5 OF
SAID SUBDIVISION; THENCE N.88'03'44"E.,ALONG THE NORTH LINE OF SAID LOT 5
FOR 272.38 FEET: THENCE N.01'06'09"E., FOR 322.97 FEET TO A POINT ON THE
SOUTH LINE OF SAID TRACT "G". THENCE S.88'03'44"W., ALONG SAID SOUTH LINE
264.37 FEET TO THE POINT OF BEGINNING,
NOTES:
1. BEARINGS ARE BASED ON THE
CENTERLINE OF SIERRA MEADOWS
BOULEVARD AS BEARING N
88'03'44" E.
2. DISTANCES ARE IN FEET AND /
DECIMALS THEREOF. BY: ..1110110r 1_
DENI . + - •`` LL,-Jr.
3. PARCEL IS SUBJECT TO PROFESS!. AL SURVEYOR AND MAPPER
EASEMENTS, RESERVATIONS OR FLORIDA ERTIFICATE NO. LS# 5430
RESTRICTIONS AND C jZ_ /t 4
RIGHT—OF—WAYS (RECORDED AND DATE SIGNED: tj/ i/
UNRECORDED, WRITTEN AND
UNWRITTEN).
4. PARCEL CONTAINS 1.97 ACRES, NOT VAUD WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
MORE OR LESS. LICENSED SURVEYOR AND MAPPER.
* THIS IS NOT A SURVEY
SIERRA MEADOWS - PORTION OF LOT 4
TITLE: LEGAL DESCRIPTION
ME➢T'R T FORT7MYE S, FLORIDA L 33907
SURVEYING&MAPPING,LLC PFAX: (239)27 5
5-8457
LAND SURVE1ORS•PLANNERS
www.metronfl.com
LB#7071
FILE NAME: r1ELO BOOTS/PAGE: PROJECT NO: STET:
12992.SK.DWG SEE FILE 12992 1 of 2
IXFNOn OATS: DRAWN BY: CME - NO (S-T-N)
9/19/14 BUD it 1 o` ;kEXo. ?�1(5�14
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