HEX Final Decision 2017-02 HEX NO. 2017—02
HEARING EXAMINER DECISION
PETITION NO. PDI-PL20160002759 — Racetrac Petroleum, Inc. requests an insubstantial
change to Ordinance No. 03-40, as amended, the Heritage Bay PUD, to amend Section I,
Legal Description, Property Ownership and General Description, by adding three new sign
deviations for the parcel described as Lot 4, Heritage Bay Commons Tract D Replat. The
subject PUD property consists of 2,562± acres, located on the northeast of corner of
Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951), in Sections 13, 14, 23, and
24, Township 48 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: January 26, 2017
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
Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the
petition should be approved.
ANALYSIS:
At the Neighborhood Informational Meeting (NIM) for a separate previous application, the
deviations for this application were included within a group of other site related deviations for
this property. The NIM was well attended by the public. No opposition to the sign requests was
noted but questions were raised about other issues (lighting, buffers, and traffic). The applicant
withdrew the sign deviations from the previous separate application and has resubmitted with
changes as part of the current application. The changes involve "Deviation J" for the monument
sign. Originally this was requested to allow 118 square feet and twelve feet in height. This
current application reduced the square footage request to 100 square feet and retained the twelve
foot height. The applicant has further reduced the deviation request to 80 square feet and nine
feet in height as expressed in the attached Exhibits B & C. Prior to the discussion of this item,
one member of the public who had been in attendance and left before this item was discussed,
left a hand written note in general objection to larger signage.
DECISION:
The Hearing Examiner hereby approves Petition Number PDI-PL20160002759, filed by John T.
Wojdak of DeLisi Fitzgerald, Inc., representing RaceTrac Petroleum, Inc., with respect to the
property as described in Exhibit "A", for insubstantial changes relating to signage, by adding
three new deviations relating to signage. Said changes are fully described in the Heritage Bay
PUD Amendment and Site Plan attached as Exhibit "B", and are subject to the condition(s) set
forth below.
[16-CPS-01613/1316588/1]29 1 of2
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B —PUD Amendment and Site Plan
Exhibit C—Sign Detail
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
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.
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.
Z - 4, -- I 1 /kJ 0 ii
Date M. I Strain, Hearing Examiner
Approved as form and legality:
.,
Scott A. Stone
Assistant County Attorney
[16-CPS-01613/1316588/1]29 2 of2
OR 5266 PG 1810
Exhibit"A"
Legal Description of the Property
LOT 4, HERITAGE BAY COMMONS-TRACT D REPLAT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 58, PAGES 2-5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, 1
FLORIDA
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF TRACT D, HERITAGE BAY COMMONS ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43, PAGE 46 OF THE PUBLIC RECORDS OF
COLLIER COUNTY FLORIDA, SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 4,
HERITAGE BAY COMMONS-TRACT D REPLAT; THENCE N.89°58'23"W., ALONG THE SOUTH LINE
OF SAID PLATS, FOR A DISTANCE OF 277.72 FEET; THENCE N.00°01'36"E., ALONG THE WEST
LINE OF SAID LOT 4, FOR A DISTANCE OF 234.56 FEET; THENCE N.90°00'00"E., ALONG THE
NORTH LINE OF SAID LOT 4, FOR A DISTANCE OF 310.66 FEET TO THE WESTERLY RIGHT OF
WAY OF BELLAIRE BAY DRIVE, A VARIABL~ -W RIGHT OF WAY; THENCE S.45°28'37"E.,
ALONG SAID WESTERLY RIGHT OF ,► VbA `• ,_ OF 11.82 FEET TO THE BEGINNING
OF A CURVE TO THE RIGHT HAV AiO#AI�US�TF' ; ! , 'EE,E�T; THENCE CONTINUE ALONG
SAID RIGHT OF WAY AND ALO e • 4 CURVE THROU - ` "kNTRAL ANGLE OF 87°25'52", A
CHORD BEARING OF S.01°45'5 E.,,A HQ LENGTH OF 1 "r.21 FEET AND AN ARC LENGTH OF
152.59 FEET TO A POINT OF R VERS G.UR rO T14E, EFT •VING A RADIUS OF 200.00 FEET;
THENCE CONTINUE ALONG/ SD RI HT\.•` AY A D AL•NG SAID CURVE THROUGH A
CENTRAL ANGLE OF 24°09'46", • .1R� t +' ` '2'1 "W., A CHORD LENGTH OF
83.69 FEET AND AN ARC LE G iF 8. . E ` • c 'sF COMPOUND CURVE TO THE
LEFT HAVING A RADIUS OF 41.y 4 4 ' J : a».NTI U A 3NG SAID RIGHT OF WAY AND
ALONG SAID CURVE THRO c A CEN 'i"•L 1 a-E 6- 16 " A CHORD BEARING OF
S.14°28'41"W., A CHORD LEN t- +` •F 16.20 FEET AND, •N R L1NGTH OF 16.21 FEET TO THE
�
POINT OF BEGINNING. ,, Y . I
Or.'
PARCEL CONTAINS 75,703 SQUA- ( -1 74 ACRES R LESS
2'1 I V—C
SECTION I, ENTITLED LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION OF
THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 03-04,AS AMENDED, IS HEREBY AMENDED AS
FOLLOWS:
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION
1.11 THE FOLLOWING DEVIATIONS FROM THE LAND DEVELOPMENT CODE ARE APPROVED FOR THE
PARCEL IN THE AC DISTRICT DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT ONLY
* * * * * * * *
H. From Section 5.05.05.C.4.b. which limits facilities with fuel pumps 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 one fifty (50) square foot corporate
logo on the canopy facade facing the Immokalee Canal right-of-way and two (2) - thirty (30)
square foot corporate logos, one (1) on the facade facing Bellaire Bay Drive and one (1) on the
vacant commercial parcel to the west.
I. From Section 5.05.05.C.4.b. which limits facilities with fuel pumps to placing an 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 west canopy facade facing the vacant
commercial outparcel to the west. The one (1) illuminated corporate logo on the west canopy
facade is in addition to the Code allowed illuminated corporate logo on a canopy face adjacent
to a dedicated street or highway.
J. From Section 5.05.05.C.4.c which limits facilities with fuel pumps to one ground sign with a
maximum area of 60 square feet and maximum height of less than 8 feet above grade, to
instead allow an 80 square foot ground sign with a height of 9 feet above grade as measured
from the highest point of the adjacent landscape berm to the top of the sign. The height of the
berm in the area of the sign base shall not exceed a height of 36"above the adjacent vehicular
use area pavement elevations.
Exhibit "B"
Page 1 of 2
Words underlined are added,words struck thru are deleted.
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OWNER/DEVELOPER:
1/ t S;7 ! ffiej RACETRAC PETROLEUM,INC-
DELISI FITZGERALD, INC, 3210, 6AID39BLVD.SUITE100 CONCEPT PLAN
(770)431.7E00
Planning Engineering-Project Management
PROJECT:
Project Number 21352
1605 Hendry Street . 23
Fort.Myers,FL 33901 ' Ce
239-418 0691•239418 0692.fax Part of Section(s)Township: 48 S I Range: 26 E
Florida Certificate of Authoroaiion:
BELLAIRE BAY County,State. COLLIER COUNTY,FL
Enyineenng LB ii 26978 (EPN#1166 - STORE#2439) l Sheet Number: 1 of 31
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