Agenda 04/26/2016 Item #11D 4/26/2016 11 .D.
EXECUTIVE SUMMARY
Recommendation to consider forwarding Petition Number ASW-PL20150002369, which
seeks the granting of a waiver from the minimum required separation distance of 500 feet
between facilities with fuel pumps, for the proposed Racetrac to be located on the south
side of U.S. 41 between Frederick Street and Palm Street, which matter is presently
scheduled to be heard by the Board of County Commissioners (Board) on May 24, 2016, to
either the Hearing Examiner or the Collier County Planning Commission (Planning
Commission) for a finding of facts and recommendation to the Board.
OBJECTIVE: To hopefully reduce the number of issues in a complicated, disputed and
controversial land use item.
CONSIDERATIONS: This matter concerns an application for a waiver from a the minimum
required separation distance of 500 feet between facilities with fuel pumps, which was filed
under protest as the applicant asserts they are not adjacent to the nearby 7-Eleven station. The
applicant has submitted two separate site plans, and a single spaced, 14 page "narrative"
outlining the various issues. Simply put, the process is that these types of applications are
normally reviewed by staff, staff writes a report and recommendation, the matter goes to the
Hearing Examiner, who issues the final opinion. Here, the Hearing Examiner, in keeping with
the Hearing Examiner Ordinance, recused himself because of a heightened public concern of this
project. With such recusal, the matter must then go to the Board of County Commissioners,
sitting as the Board of Zoning Appeals.
Typically, land use matters heard by the Board have been previously vetted by the Planning
Commission. One of the benefits of this process is that many of the disputed issues are resolved
before the matter comes to the Board. This matter, which is complicated, disputed by the
applicant, and controversial with the neighborhood, will not have been vetted before it goes to
the Board of County Commissioners.
Should the Board elect to forward this matter to either the Hearing Examiner or the Planning
Commission, the May 24th hearing will be continued until such time as it is ready to be brought
back to the Board. Otherwise, the matter will be heard at the Board's next meeting.
FISCAL IMPACT: Uncertain. The cost of an additional hearing may be offset by the savings
realized in a shortened hearing before the Board.
RECOMMENDATION: That the Board consider forwarding this matter for initial hearing to
either the Hearing Examiner or the Collier County Planning Commission for a finding of facts
and recommendation to the Board.
Prepared by: Jeffrey A. Klatzkow, County Attorney; and
Nick Casalanguida, Deputy County Manager
Attachments: Site Plans, Developer Narrative
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4/26/2016 11.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.D.
Item Summary: Recommendation to approve Petition Number ASW-PL20150002369,
which seeks the granting of a waiver from the minimum required separation distance of 500
feet between facilities with fuel pumps,for the proposed Racetrac to be located on the south
side of U.S. 41 between Frederick Street and Palm Street, which matter is presently scheduled
to be heard by the Board of County Commissioners (Board) on May 24, 2016, that the Board
consider forwarding this matter for initial hearing to either the Hearing Examiner or the Collier
County Planning Commission (Planning Commission) for a finding of facts and recommendation
to the Board.
Meeting Date: 4/26/2016
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal,CAO Office Administration
4/14/2016 4:21:20 PM
Submitted by
Title: Legal Assistant/Paralegal, CAO Office Administration
Name:NeetVirginia
4/14/2016 4:21:21 PM
Approved By
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/17/2016 10:49:01 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 4/18/2016 8:11:25 AM
Name: KlatzkowJeff
Title: County Attorney,
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4/26/2016 11.D.
Date: 4/18/2016 2:10:04 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/18/2016 3:52:46 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date:4/19/2016 8:40:09 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date:4/19/2016 5:12:37 PM
Packet Page-284-
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Packet Page -286-
4/26/2016 11 .D.
DEL151 FITZGERALD, INC.
Planning-Engineering-Project Management
RACETRAC AT PALM
AUTOMOBILE SERVICE STATION WAIVER, PURPOSE, AND INTENT:
December 8, 2015
Introduction:
This application is for a Facility with Fuel Pumps Waiver for the RaceTrac
convenience store with fuel pumps located on the southeast corner of
Tamiami Trail East and Frederick Street in Naples, Florida. The gas
station with convenience store use is a permitted use on the property.
The use is not the subject of this waiver request. At the pre-application
meeting held on October 21st, 2015 the applicant expressed that the
purpose for this Waiver is to address a comment received on the Site
Development Plan (SDP) application (PL20140000378) that stated a
Waiver must be approved prior to approval of the SDP. At the pre-
application meeting, the applicant further described that the location for
the proposed RaceTrac convenience store is not adjacent to a facility with
fuel pumps. This application is being made under protest because it is still
the opinion of the applicant and its legal counsel that a waiver for "Site
Plan A" is not needed due to the fact that it is not adjacent to the nearby
7-Eleven station.
To clarify, there is an SDP application currently under review that
proposes a RaceTrac convenience store with fuel pumps on the southeast
corner of Tamiami Trail East and Frederick Street, referred to as `Site Plan
A.' Site Plan A is not adjacent to a facility with fuel pumps and a Waiver is
not required. When the SDP was originally submitted on April 10', 2014,
the RaceTrac convenience store with fuel pumps was proposed at the
southwest corner of Tamiami Trail East and Palm Street, referred to as
`Site Plan B.' Site Plan B was adjacent to the existing 7-eleven Convenience
Store with fuel pumps. This Waiver application includes both `Site Plan A'
and `Site Plan B', with the respective separation distances to the 7-eleven
Convenience Store with fuel pumps located at the northeast corner of
Tamiami Trail East and Commercial Drive.
This Waiver application presents how both `Site Plan A' and `Site Plan B'
meet the four (4) requirements in LDC Section 5.05.05.B.2.a including
enhancements proposed with the proposed development to address
compatibility with the surrounding uses. Also enclosed is a market
analysis supporting the proposed use in the proposed location.
PL 2015 00 2 36
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4/26/2016 11 .D.
Adjacent Uses:
The subject property is located in the Gateway Triangle Mixed Use
Overlay District (GTMUD-MXD) in an area of existing development and
infrastructure to support commercial uses. To the north of the property
is Tamiami Trail East with existing commercial development across the
street. To the east of the property is Palm Street with existing commercial
development across the street. To the south of the property is an existing
20' platted alley with existing residential on the other side. Lastly, to the
west is Fredrick Street, and across the street in the City of Naples, is an
existing Planned Development fronting along US 41. Other properties
south of the planned development across Fredrick Street are residential
uses. The property is located directly on Tamiami Trail East which is the
most predominant east-west transportation corridor in East Naples.
Existing Site:
The existing site consists of eight (8) separate parcels. One (1) parcel has
an existing building and site improvements for the former Little Italy
restaurant. One (1) parcel was the previous location of a Checkers fast
food restaurant that has since been demolished. The remaining six (6)
parcels have been previously cleared of all vegetation and the only
existing feature is a billboard sign that will be removed with the
construction-of the RaceTrac improvements.
Automobile Service Station Justifications for Section 5.05.05.B.2.a
A facility with fuel pumps is a permitted use per the GTMUD-MXD zoning
section of the Land Development Code, 2.03.07.N.4. Although the use is a
permitted use, the LDC has specific design requirements for facilities
with fuel pumps as described in LDC Section 5.05.05.B. Specifically
facilities with fuel pumps must provide a minimum separation of 500-
feet from adjacent facilities with fuel pumps. Section 5.05.05.B of the
LDC also provides four (4) criteria for the Hearing Examiner to consider
for granting a Waiver from the separation requirement.
A brief description of how both Site Plan A and Site Plan B satisfy the
four (4) waiver criteria from Section 5.05.05.B.2.a of the LDC is presented
below. The criteria described below applies to both Site Plan A and Site
Plan B unless otherwise stated.
i. The first factor to consider is the existing features that lay between
the proposed RaceTrac and the existing 7-eleven Convenience Store
with fuel pumps that may limit the necessity for the minimum
separation requirement. For this criterion, the existing 6-lane divided
Tamiami Trail East right-of-way lies between the proposed RaceTrac
RaceTrac Automobile Service - 2 -
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4/26/2016 11.D.
and the existing 7-Eleven. The RaceTrac site is proposed on the south
side of Tamiami Trail East, and the existing 7-Eleven is located on the
north side. Furthermore, there is a raised median in the road that
further limits access from the south to the north. The Tamiami Trail
East right-of-way with a raised median provides the additional
separation to lessen the impact of the proposed development.
ii. The second factor to consider is the services offered by RaceTrac and
their hours of operation. Although gasoline sales are a significant
source of RaceTrac's business, they offer a wide variety of in-store
services including their coffee bar, frozen yogurt station, and
prepared hot food options. In addition to these offerings, they have
indoor and outdoor dining areas for patrons to use with free wi-fi and
electronic device charging outlets. These dining areas are a unique
feature to RaceTrac that are not available at the existing 7-Eleven
across Tamiami Trail East. In order to provide adequate service to the
public, their operation will be 24-hours. It should be noted that
RaceTrac does not offer automobile services such as repairs, oil
changes, etc.
The third factor to consider is the access to RaceTrac from the
adjacent rights-of-way. The project proposes a full access to Palm
Street in the existing location as the Little Italy's access. Additionally,
a southbound right turn lane is proposed on Palm Street that will help
facilitate traffic into the subject property. Additional improvements
are proposed on Palm Street to improve the operational capacity of
the Palm Street - Tamiami Trail intersection. These improvements
include the creation of a northbound through/right-turn lane
lengthening of northbound left turn lane. A sidewalk is also proposed
on the west side of Palm Street directly adjacent to the subject
property.
The project proposes a right-in right-out access on Tamiami Trail East
in a location that provides better spacing with Palm Street than the
existing driveway that served the Little Italy restaurant. A right turn
lane is proposed for the access on Tamiami Trail East.
Site Plan A proposes a full access to Frederick Street that is aligned
with the existing access driveway across the street. Sidewalk is
proposed on the east side of Frederick Street adjacent to the subject
property.
iv. The forth factor to consider are adverse impacts to adjacent land uses,
especially residential. For this criterion, RaceTrac gave careful
consideration to their site layout, lighting, outdoor speakers,
perimeter buffers, number of fueling positions, and the fuel canopy
RaceTrac Automobile Service - 3 -
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4/26/2016 11.D.
height. As previously described, the residential properties are located
to the south and east of the property and existing commercial and
Planned Developments are to the north, east, and west. This factor has
been divided into Site Plan A and Site Plan B in order to differentiate
between the sites.
Site Plan A:
a. Site Plan `A' is a modification from the original proposal by
shifting the convenience store building to the northwest
corner of the property further away from the residences. The
general site layout, which is typical for gas stations, has the
fuel canopy positioned in the front (north) along Tamiami
Trail East and away from the residences. The proposed
convenience store building is behind (south of) the fuel
canopy. Therefore the main vehicular traffic areas are
buffered from residential by the proposed convenience store
building. The convenience store has two (2) public entrances
that face US-41 and the future commercial parcels to the
east. Therefore, pedestrian activity does not face the
residential properties to the far south or to the west along
Frederick Street. The position of the proposed development
is such that there are future commercial parcels between the
RaceTrac property and the residential properties to the far
south.
b. The proposed site layout not only buffers the vehicular
traffic from the residential uses but also helps to buffer the
site lighting. Proper site lighting for the fuel canopy and
parking areas is an important safety factor for RaceTrac
since they operate 24-hours. All site lighting will be designed
to meet the code's requirements for illumination. RaceTrac is
proposing the use of recessed LED lighting for the fuel
canopy which directs the light downwards. Also RaceTrac
proposes the use of LED lighting on the site that will be
recessed and directed away from the residential properties.
Lastly RaceTrac is proposing the use of light fixtures that
meet the International Dark-Sky Association's statement on
outdoor lighting. The proposed fixtures and luminaires are
intended to increase energy efficiency, reduce glare and stray
light, and to avoid adversely impacting the outdoor
environment. Following the IDA's statement is not required
by code and is a betterment plan proposed by RaceTrac.
RaceTrac Automobile Service - 4 -
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c. The fuel canopy will be equipped with a speaker system that
provides music at the pumps. The speakers are directed to
each fueling position and the volume is only audible at that
fueling position and will not exceed the code's allowable
noise levels. Utilization of the speaker system for music will
be limited from 7am to 7pm. A separate speaker system is
provided at each fueling position to communicate with
RaceTrac staff if assistance is needed. This speaker system is
necessary for safety reasons and will not have limited hours.
d. Currently the site, which has frontage on US-41, Palm Street,
and Fredrick Street, only provides six (6) palm trees in the
southeast corner of the property where the former Little Italy
restaurant is located. There are no other buffer
improvements on the property to shield the view, noise, and
lights of US-41 to the residences. There are specific
landscape buffer requirements for the GTMUD-MXD district
as described under Section 4.02.16.E and additional
landscape requirements for facilities with fuel pumps under
Section 5.05.05.D.2.b. RaceTrac is proposing a landscape plan
for the entire development that will provide a buffer between
the residentially zoned properties and US-41 that does not
exist today.
e. The height of the fuel canopy is proposed to be a maximum
of 16' of clear height. This height is intended to further
identify this gas station as a neighborhood fueling station. As
mentioned previously, the proposed site layout locates the
convenience store between the residences and the fuel
canopy with the primary entrance into the building facing
north towards US-41. This provides another buffer between
the residences and the fuel canopy.
Site Plan B:
a. The general site layout, which is typical for gas stations, has
the fuel canopy positioned in the front (north) along
Tamiami Trail East. The proposed convenience store building
is behind (south of) the fuel canopy. Therefore the main
vehicular traffic areas are buffered from residential by the
proposed convenience store building. No vehicular traffic,
including truck traffic, is proposed behind the building
adjacent to residential. Furthermore RaceTrac positioned
their dumpster and loading area on the west side of the
proposed convenience store building which is the farthest
distance from the residential properties. The dumpster and
RaceTrac Automobile Service - 5 -
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loading area locations were specifically chosen to eliminate
traffic behind the convenience store building.
The site plan has been modified from the original proposal
by shifting the convenience store building north and west
further away from the residences. This was accomplished by
reducing the number of fueling positions. Furthermore, the
dumpster, still proposed on the west side of the convenience
store building, shifted further north of the convenience store
building to provide more separation between the residential.
The current site plan has the customer entrances proposed
on the north and east sides of the building, facing US-41 and
Palm Street respectively. There are no customer entrances on
the south side of the building facing the residences.
b. The proposed site layout not only buffers the vehicular
traffic from the residential uses but also helps to buffer the
site lighting. Proper site lighting for the fuel canopy and
parking areas is an important safety factor for RaceTrac
since they operate 24-hours. All site lighting will be designed
to meet the code's requirements on illumination. RaceTrac is
proposing the use of recessed LED lighting for the fuel
canopy which directs the light downwards. Also, RaceTrac
proposes the use of recessed LED lighting on the site that
will be directed away from the residential properties.
Lastly RaceTrac is proposing the use of light fixtures that
meet the International Dark-Sky Association's statement on
outdoor lighting. The proposed fixtures and luminaires are
intended to increase energy efficiency, reduce glare and stray
light and to avoid adversely impacting the outdoor
environment. Following the IDA's statement is not required
by code and is a betterment plan proposed by RaceTrac.
c. The fuel canopy will be equipped with a speaker system that
provides music at the pumps. The speakers are directed to
each fueling position and the volume is only audible at that
fueling position and will not exceed the code's allowable
noise levels. Utilization of the speaker system for music will
be limited from lam to 7pm. A separate speaker system is
provided at each fueling position to communicate with
RaceTrac staff if assistance is needed. This speaker system is
necessary for safety reasons and will not have limited hours.
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d. Currently the site, which has frontage on US-41, Palm Street,
and Fredrick Street, only provides six (6) palm trees in the
southeast corner where the former Little Italy restaurant is
located. There are no other buffer improvements on the
property to shield the view, noise, and lights of US-41 to the
residences. There are specific landscape buffer requirements
for the GTMUD-MXD district as described under Section
4.02.16.E and additional landscape requirements for gas
stations under Section 5.05.05.D.2.b. RaceTrac is proposing a
betterment plan that exceeds the code required landscape
buffers especially in those areas adjacent to residences as
further described.
For areas adjacent to residential, there are two (2) buffer
options per Section 4.02.16.E.2.a.i. Since RaceTrac is
proposing a masonry wall they are required to provide a 10'
wide buffer with trees spaced no more than 30' on-center.
There are additional landscape requirements specifically for
gas stations located in Section 5.05.05.D.2.b. Section
5.05.05.D.2.b requires a single row hedge with a minimum
height of 4' at planting, spaced every 3' on-center, and
maintained at a height of 5'. Combining these two (2)
sections of code results in a required 10' wide buffer, 6' high
masonry wall, 5' high single row hedge, and trees every 30'
on-center. RaceTrac is exceeding each of these requirements
as further detailed below.
i.) First, the site plan exceeds the minimum 10' wide
buffer requirement by providing 20' at a minimum of
planting area, double the requirement. Furthermore
the building setback requirement is 40' from the
southern property boundary and RaceTrac is
proposing 105', over double the requirement. The
proposed parking area setback is 10' from the
southern property boundary and RaceTrac is
proposing 36', triple the requirement.
ii.) Second, the proposed 10' high masonry wall is nearly
twice as high as the requirement of providing 6-feet of
additional height in an effort to block the proposed
development and US-41 from the residential. The
proposed wall will be placed 14.5' off the property
boundary at the top of the perimeter berm. This
distance alone exceeds the required 10' landscape
buffer width. The perimeter berm has been designed
with a top elevation of 5.5' NAVD which is
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approximately 3' above the existing grade in the alley.
This results in a 3' high berm with a 10' high masonry
wall for a total height of 15'. The masonry wall will
have architectural features similar in style and color
with the convenience store building.
iii.) Third, RaceTrac is proposing to install the required 5'
single hedge row on the residential side of the wall
directly adjacent to the wall. Additional meandering
hedges and ground covers are also proposed on the
residential side of the wall. The additional hedges will
be maintained at a height of 3' and the ground covers
will be maintained at a height of 1.5'. Lastly, RaceTrac
is proposing to install trees every 25' on the residential
side of the wall. Two (2) different tree species are
proposed that will have a height of 12' at the time of
planting. The combination of the 5' hedge, 3'
meandering hedges, ground covers, and 12' trees on
the residential side of the wall are intended to provide
both an aesthetically pleasing and functional buffer.
Each element of the landscape buffer adjacent to
residential goes beyond the code requirements and is a
part of the betterment plan offered by RaceTrac.
On the RaceTrac side of the 10' high masonry wall, a
single hedge row is proposed directly adjacent to the
wall. Also the vehicular use areas closest to the
residential use will be provided with a double hedge
row and trees at the back of curb. This proposed
landscape will further buffer the residential use and is
part of the betterment plan.
e. The proposed fuel canopy has 16 fueling positions which is a
33% reduction from the original proposal that included 24
fueling positions. The 7-Eleven on the north side of US-41
offers 12 fueling positions. When the original proposal was
submitted, the code did not regulate the allowable number of
fueling positions. The 16 fueling positions is consistent with
all other RaceTrac offers within Collier County.
f. The height of the fuel canopy is proposed to be a maximum
of 16' of clear height. This height is intended to further
identify this gas station as a neighborhood fueling station. As
mentioned previously, the proposed site layout locates the
convenience store between the residences and the fuel
canopy with the primary entrance into the building facing
RaceTrac Automobile Service - 8 -
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north towards US-41. This provides another buffer between
the residences and the fuel canopy.
Market Analysis:
Please reference the market analysis submitted as part of this Facility
with Fuel Pumps Waiver application.
Ordinance 15-46 Supplemental Standards for Facilities with Fuel
Pumps adopted July 7t' 2015:
The proposed RaceTrac convenience store with fuel pumps is not subject
to Ordinance 15-46. Ordinance 15-46 includes a section with
supplemental standards for facilities with fuel pumps that are within
250' of residential property. Although this RaceTrac is NOT subject to
Ordinance 15-46 the supplemental standards are listed below with a
description of the proposed RaceTrac design features following each item
italicized.
1. All structures shall provide a minimum 50-foot front, side, and rear
yard setback from residential property line(s).
Site Plan A and Site Plan B meet this item.
2. Landscaping and masonry wall standards.
a. Facility with fuel pumps sites shall be separated from
residential property by a thirty (30) foot wide landscape
buffer and an architecturally designed masonry wall. The
masonry wall shall be eight (8) feet in height, centered within
the landscape buffer, and shall use materials similar in color,
pattern, and texture to those utilized for the principal
structure. The masonry wall shall be located on top of a
berm. The berm shall be constructed and maintained at a
height of three (3) feet and a maximum slope of 3:1. The
berm shall be planted with ground cover.
Site Plan A and Site Plan B both provide a thirty (30) foot wide
landscape buffer to residentially zoned properties. Site PIan B
complies with the remaining items in this requirement.
Additionally Site Plan B proposes a masonry wall twelve (12)
feet in height.
b. Landscaping shall be required on both sides of the masonry
wall. On the residential property wall side, a hedgerow
consisting of 10 shrubs, spaced three (3) feet on center, and
four (4) feet high at planting and five (5) feet high within one
year shall be provided. In addition, a row of canopy trees
spaced thirty (30) feet on center and ten (10) feet in height at
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planting are required. On the facility side of the wall, a row
of canopy trees spaced thirty (30) feet on center, and twelve
(12) feet in height at planting, are required. A hedgerow
consisting of ten (10) shrubs, spaced three (3) feet on center,
and four (4) feet high at planting and five (5) feet high within
one year shall be provided. Required canopy trees shall be
staggered to accommodate the canopy trees on the
residential side of the wall.
Site Plan A is not required to meet this standard because it
does not abut residential zoning due to the commercial zoned
parcel on Fredricks Street and the remaining overall parcel.
On the residential side of the wall, Site Plan B meets the
landscape requirements and proposes additional landscaping
including another hedge row and ground cover for the entire
length of the buffer with a third hedge row proposed
throughout the length to provide variation. Lastly, trees are
proposed every twenty-five (25) feet instead of 30-feet.
On the facility side of the wall, Site Plan B proposes a single
hedge row and trees spaced every thirty (30) feet.
3. Music, amplified sound, and delivery time standards.
a. Music and amplified sound shall not be played in the fuel
pump area between the hours of 10:00 p.m. and 7:00 a.m.
Site Plan A and Site Plan B meet this item.
b. Music and amplified sound shall not be audible from the
residential property line.
Site Plan A and Site Plan B meet this item.
c. Deliveries shall be prohibited between the hours of 10:00
p.m. and 7:00 a.m. in the area located between the
neighboring residential property and the facility with fuel
pumps.
Site Plan A will commit to no dumpster pickups during these
hours. Site Plan B does not provide for any delivery areas
between the residential properties and the facilitiy.
4. Lighting standards.
a. On-site lighting.
i. All light fixtures shall be directed away from
neighboring properties.
Site Plan A and Site Plan B meet this item.
ii. On-site light fixtures within fifty (50) feet of residential
property shall not exceed a height greater than fifteen
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(15) feet above finished grade. Light fixtures elsewhere
shall not exceed a height greater than twenty (20) feet
above finished grade.
Site Plan A and Site Plan B both propose light fixtures
with a height not to exceed twenty (20) feet above
finished grade.
iii. All light fixtures shall be full cutoff with flat lenses.
Site Plan A and Site Plan B meet this item.
iv. On-site luminaries shall be of low level, indirect diffuse
type, and shall be between a minimum average of 1.5
foot-candles and a maximum average of 5 foot-candles.
Site Plan A and Site Plan B will both provide a minimum
average of 1.5 foot-candles and a maximum average of
8 foot-candles for the entire site.
v. Illumination shall not exceed:
a) 0.5 foot-candles at all residential property
lines; and
Site Plan A and Site Plan B will meet this item.
b) 0.2 foot-candles at ten (10) feet beyond all
residential property lines.
Site Plan A and Site Plan B will meet this item.
b. Under-canopy lighting.
i. Lighting located underneath the canopy shall be
recessed, of indirect diffuse type, and designed to
provide light only to the pump island areas located
underneath said canopy.
Site Plan A and Site Plan B meet this item.
ii. Under canopy luminance shall be between a minimum
average of 5 foot-candles and a maximum average of
20 foot-candles.
If the waiver is granted, both Site Plan A and Site Plan B
will be meet this requirement.
5. Dumpster enclosures. At a minimum, the dumpster enclosure shall
be located at a distance from residential property equal to the
setback of the principal structure from residential property.
Site Plan A and Site Plan B meet this item.
6. See LDC section 5.05.11 for car washes, vacuums, and compressed
air stations abutting residential zoning districts.
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No car wash is proposed. Both Site Plan A and Site Plan B propose a
vacuum and compressed air station. Site Plan A is not required to
meet this standard because it does not abut residential zoning due to
the commercial zoned parcel on Fredricks Street and the remaining
overall parcel. Site Plan B does propose a ten (10) foot masonry
wall along the lot line. Therefore, it does comply with this item.
Summary:
As detailed in Section 5.05.05 of the Land Development Code, the
attached application demonstrates the following:
For both Site Plan A and Site Plan B:
1. The proposed use is a permitted use per the zoning.
2. The existing gas station across the street is separated from the
Proposed RaceTrac by a 6-lane arterial right-of-way with a raised
median.
3. The proposed RaceTrac offers convenience store services that are
unique to the area.
4. The Site Plans have been prepared to minimize vehicular traffic
near the residential properties and to buffer noise and lighting.
5. The fuel canopy is proposed to have a maximum of 16' of clear
height under the canopy.
6. The proposed lighting plan will follow the International Dark-Sky
Association's statement on outdoor lighting. This is a betterment
plan for the parcel.
For Site Plan A:
1. This site plan is not adjacent to a facility with fuel pumps.
For Site Plan B:
1. There are adequate access points to the property from US-41 and
Palm Street. Right turn lanes are proposed at the access points to
US-41 and Palm Street and additional right-of-way improvements
are proposed along Palm Street.
2. The landscape buffer adjacent to residential is proposing a 10' high
masonry wall and twenty (20) feet of planting with a minimum
width of thirty (30) feet of open landscape area. Code requires a 6'
high masonry wall and 10' wide buffer. This buffer has been
designed to be both aesthetically pleasing and to offer a functional
buffer to noise and light.
3. The convenience store building has been positioned on the site to
provide a setback that is two and a half (2.5) times what is required
adjacent to residential.
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4. Of the sixteen (16) Supplemental Standards outlined in Ordinance
15-46, which is not applicable to either Site Plan, Site Plan B is
complying with all (16) of them.
5. As a show of commitment to the community and to the project,
RaceTrac is willing consider development options for the remaining
piece. That area could be proposed as a park with open play areas
and a tot-play lot or could be some type of limited commercial
development. This is up for consideration and discussion as a
development option.
Based on compliance with these, and other regulations, the applicant
respectfully contends that this Facility with Fuel Pumps Waiver
application will not negatively impact adjacent land uses. Similarly, the
proposed use is appropriate at the subject location, and is compatible
with the surrounding area. For these reasons, the requested Facility with
Fuel Pumps Waiver should be approved.
The waiver should be approved for both Site Plans proposed. Due to site
plan allowances and site location design, Site Plan B provides for more
opportunity to meet or exceed the new supplemental standards.
RaceTrac is excited about and committed to developing quality stores for
the citizens of Collier County. Both of the Site Plans provide adequate
service levels for this location. It is the opinion of RaceTrac and its legal
counsel that "Site Plan A" does not require a waiver for development.
The current design is finalizing the SDP process and can be built per
code.
"Site Plan B" does need a waiver, but provides a more holistic design for
the property and the neighborhood. From meeting or exceeding code all
supplemental standards to providing development options for the
remaining piece of property, RaceTrac respectfully requests that the
Collier County BOCC approve the waiver for "Site Plan B".
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IF it is to the pleasure of the Board to approve the waiver for "Site Plan
B", then it is respectfully suggested to be approved with the following
conditions:
1. That the Site Plan with Deviations that will be needed for official
approval of the Site Plan B be directed to the Hearing Examiner for
approval.
a. This may include:
i. Front Buffer reduction along US 41
ii. Maximum height of a screen wall to be allowed up to
10'
iii. Sign waivers that are consistent with other RaceTrac
Developments within Collier County.
iv. The number of continuous parking spaces allowed in a
row without a landscape island.
v. Approval and acceptance of architectural elements that
is consistent with other RaceTrac developments within
the county.
vi. The allowance of banding on the fuel canopy
vii. The approval and allowance of the "dark bronze
coloring" on the awnings and banding to be consistent
to the Airport Pulling location.
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Station Waiver Narrative
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