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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. 1 HI (N bil Q) :111 0) i.) id 12 . gt 5 2 I. = c c 1 Iiiiiilif lin li itinitil"-11 Hi 11 a 2 . -si .2' In 1 II e. 1 . il .11 tilli" .1 Pa•it g , (,) (LI .000 : ti II P101 ed 1 hi i • 11,A.Fiiiii 11 Iv ii, c ` °- u) II 2 i Hil ViliihNliii' liiiiiiiilf ti al 1 ._2' 9_ 0 0 - 0 15% it oi!ie 1 i ki 1 II h . .4 I: i 3, V, (1) % 0 at. 2 11:11i 12 12 § 6 3 • a a b_ i ' i ". - "III I t II!'" i Ili EDI • 00000000 ! i .... 11., 11 _ I II • . ,•. ..,., q , . i i Ii I 1 1 ' . . 1 ,1 1 a '" -1 1 :, . . i i•-I 111 . . 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