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HEX Backup 06/23/2016 S COLLIER COUNTY HEARING EXAMINER SPECIAL HEARING BACKUP DOCUMENTS JUNE 23, 2016 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A SPECIAL HEARING AT 5:00 PM ON THURSDAY,JUNE 23,2016 IN THE BOARD OF COUNTY COMMISSIONERS' MEETING ROOM,ADMINISTRATION BUILDING,COUNTY GOVERNMENT CENTER,THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA. IF THE MEETING CONTINUES PAST 9:00 P.M.,IT WILL BE CONTINUED TO THURSDAY, JUNE 30TH AT 5:00 P.M.AT THE SAME LOCATION. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. MATERIALS USED MUST BE PROVIDED IN EITHER HARD COPIES (WITH A MINIMUM OF 8 COPIES PROVIDED) OR THERE WILL BE ACCESS TO AN ELECTRONIC DISPLAY USING MICROSOFT OFFICE 2010 BASED PROGRAMS (WORD, POWERPOINT, ETC.) VIA A USB DRIVE OR OTHER COMPATIBLE EXTERNAL DEVICE. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY COUNTY STAFF WITH THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. The purpose of the hearing is to prepare a recommendation to the Collier County Board of County Commissioners. PETITION NO. ASW-PL20150002369—Racetrac Petroleum, Inc. requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South,Range 25 East,Collier County,Florida. [Coordinator: Fred Reischl,Principal Planner] B. The purpose of the hearing is to prepare a recommendation to the Collier County Board of County Commissioners. PETITION NO. VAC-PL20150002788 — Racetrac Petroleum, Inc. requests the vacation of the County and the public interest in an unimproved 30-foot wide public right-of-way described as "Avenue "B" and a portion of an unimproved 30-foot wide public right-of-way described as"First Street,"according to the Col-Lee-Co Terrace subdivision plat, as recorded in Plat Book 1,Page 32 of the Public Records of Collier County.The subject property is located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Marcus Berman, Surveyor] 4. OTHER BUSINESS 5. ADJOURN �-NI.L4/• 7 11/iii N• Collier County Government Communication & Customer Relations Division 3299 Tamiami Trail E.,Suite 102 colliergov.net Naples,Florida 34112-5746 twitter.com/CollierPIO facebook.corn/CollierGov voutube.com/CollierGov June 14,2016 FOR IMMEDIATE RELEASE NOTICE OF SPECIAL PUBLIC MEETING COLLIER COUNTY HEARING EXAMINER COLLIER COUNTY,FLORIDA THURSDAY,JUNE 23,2016 5 P.M. Notice is hereby given that the Collier County Hearing Examiner will hold a special meeting at 5 p.m. on Thursday, June 23, 2016 in the Board of County Commissioners' Meeting Room, Administration Building, County Government Center, Third Floor, 3299 Tamiami Trail East, Naples, Florida 34104. If the meeting continues past 9 p.m., it will be continued to Thursday, June 30°' at 5 p.m. at the same location. The purpose of the meeting is to prepare a findings of fact and recommendation to the Collier County Board of Zoning Appeals/Board of County Commissioners on the following Petitions: 1. PETITION NO. ASW-PL20150002369 — Racetrac Petroleum, Inc. requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl,Principal Planner] 2. PETITION NO. VAC-PL20150002788 — Racetrac Petroleum, Inc. requests the vacation of the County and the public interest in an unimproved 30-foot wide public right-of-way described as "Avenue "B" and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the Col-Lee-Co Terrace subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of Collier County. The subject property is located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County,Florida. [Coordinator: Marcus Berman, Surveyor] The agenda is available on the Collier County Government website at http://www.coll iergov.net/i ndex.aspx?page=7176. In regard to the public meeting: All interested parties are invited to attend and to register to speak. All registered public speakers will be limited to five minutes unless permission for additional time is granted by the Hearing Examiner. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board),register with the Clerk to the Board at the Board Minutes and Records Department. Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations in order to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. For more information, call Kathy Crotteau at(239) 252-6052. HEX 6-23-2016 ASW—PL201 50002369/ Teresa L. Cannon RACETRAC VAC—PL201 50002788 From: Reischl, Fred Sent: Friday, May 27, 2016 3:22 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet,Virginia; Rodriguez,Wanda; PageErin; Kendall, Marcia; Berman, Marcus Subject: Ad Request - RaceTrac at Palm ASW/VAC Attachments: Ad Request - HEX.docx;Ad Request - HEX - signed.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239-252-4211 colliergov.net Co er County Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Teresa L. Cannon From: Rodriguez,Wanda Sent: Friday, May 27, 2016 3:25 PM To: Minutes and Records Cc: Reischl, Fred; Berman, Marcus;Ashton, Heidi; Stone, Scott Subject: re:Ad Request - RaceTrac at Palm ASW/VAC Attachments: Ad Request - HEX.docx; Ad Request - HEX - signed.pdf This ad request has been reviewed and approved by the County Attorney's office. 'Wanda Rodriguez, .ACP Advanced Certified ParaCegaC Office of the County Attorney (239)252-8400 From: ReischlFred Sent: Friday, May 27, 2016 3:22 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; PageErin; KendallMarcia; BermanMarcus Subject: Ad Request - RaceTrac at Palm ASW/VAC Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239-252-4211 colliergov.net Goer County Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Teresa L. Cannon From: Minutes and Records To: Reischl, Fred Subject: RE:Ad Request - RaceTrac at Palm ASW/VAC The proof will be sent as soon as we received it. From: Reischl, Fred Sent: Friday, May 27, 2016 3:22 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Patricia L. Morgan <patricia.morgan@collierclerk.com>; Neet,Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; PageErin <ErinPage@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; Berman, Marcus<MarcusBerman@colliergov.net> Subject:Ad Request- RaceTrac at Palm ASW/VAC Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Zoning Division Phone: 239-252-4211 colliergov.net Go er County Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. I 1 May 25, 2016 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement on June 3,2016,and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a legal advertisement. The advertisement may be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section) FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500161942 Account Number: 076397 , Authoriz• 1 Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) commencing at 5:00 P.M.,on Thursday,June 23,2016, in the Board of County Commissioners meeting room,third floor, Collier County Government Center, 3299 East Tamiami Trail,Naples FL. If the meeting continues past 9:00 P.M., it will be continued to Thursday,June 30, 2016, commencing at 5:00 P.M. in the same location. The purpose of the hearing is to prepare a findings of fact and recommendation to the Collier County Board of Zoning Appeals/Board of County Commissioners in the following petitions: PETITION NO. ASW-PL20150002369 —Racetrac Petroleum, Inc. requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County,Florida [Companion to Right-of- Way Vacation VAC-PL20150002788]. And PETITION NO.VAC-PL20150002788—Racetrac Petroleum,Inc.requests the vacation of the County and the public interest in an unimproved 30-foot wide public right-of-way described as "Avenue "B" and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the Col-Lee-Co Terrace subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of Collier County. The subject property is located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida [Companion to Automobile Service Station Distance Waiver ASW-PL20150002369]. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Rodriguez,Wanda Sent: Tuesday, May 31, 2016 8:35 AM To: Ann P.Jennejohn Cc: Reischl, Fred; Berman, Marcus;Ashton, Heidi; Stone, Scott Subject: RE:Ad Request - RaceTrac at Palm ASW/VAC Scott Stone states that the company's official name is with a lower case "t", as written in the ad request. Thanks for checking! 'Wanda Rodriguez, MCP .Advanced Certified ParaCegaC Office of the County.Attorney (239)252-8400 di From: Ann P. Jennejohn [mailto:Ann.Jennejohn©collierclerk.com] Sent: Tuesday, May 31, 2016 8:30 AM To: RodriguezWanda Cc: ReischlFred; BermanMarcus; AshtonHeidi; StoneScott Subject: Ad Request- RaceTrac at Palm ASW/VAC Good Morning, I'll sevtd this Racetrac ad (running Friday) to NDN right away and will forward the proof for staff's approval a.s.a.p. Quick question and it may vtot make a difference, but is the "t" in Racetrac capitalized? RaceTrac vs. Racetrac? I thought I'd ask before I sevtd it to the newspaper. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Rodriguez,Wanda Sent: Friday, May 27, 2016 3:25 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: Reischl, Fred <FredReischl@colliergov.net>; Berman, Marcus<MarcusBerman@colliergov.net>;Ashton, Heidi <HeidiAshton@colliergov.net>;Stone, Scott<ScottStone@colliergov.net> Subject: re:Ad Request- RaceTrac at Palm ASW/VAC This ad request has been reviewed and approved by the County Attorney's office. 1 NDN Account #076397 Corporate Account #507876 May 31, 2016 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: ASW-PL20150002369/VAC-PL20150002788 Dear Legals: Please advertise the above referenced notice on Friday, June 3, 2016 and send the Affidavit of Publication to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500168030 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) commencing at 5:00 P.M., on Thursday,June 23, 2016, in the Board of County Commissioner's Meeting Room, Third Floor, Collier County Government Center, 3299 Tamiami Trail East, Naples, FL. If the meeting continues past 9:00 P.M., it will be continued to Thursday, June 30, 2016, commencing at 5:00 P.M. in the same location. The purpose of the hearing is to prepare a findings of fact and recommendation to the Collier County Board of Zoning Appeals/Board of County Commissioners in the following petitions: PETITION NO. ASW-PL20150002369 — Racetrac Petroleum, Inc. requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida [Companion to Right-of-Way Vacation VAC-PL20150002788]. And PETITION NO. VAC-PL20150002788 — Racetrac Petroleum, Inc. requests the vacation of the County and the public interest in an unimproved 30-foot wide public right-of-way described as "Avenue "B" and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the Col-Lee-Co Terrace subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of Collier County. The subject property is located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida [Companion to Automobile Service Station Distance Waiver ASW-PL20150002369]. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida 4 Ann P. Jennejohn To: legals@naplesnews.com Subject: ASW-PL20150002369 Attachments: ASW-PL20150002369.doc; ASW-PL20150002369.doc Good Morvtivtg, Pleased advertise the attached this Friday, June 3rd, 2016. Thavtk you. ANvt Jennejohnt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, May 31, 2016 10:26 AM To: Naples Daily News Legals Subject: ASW-PL20150002369 Attachments: ASW-PL20150002369.doc;ASW-PL20150002369.doc Good Morvtivtg, Pleased advertise the attached this Friday, June 3rd, 2016. Thank you. Anvt Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County T3oard Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 Ann P. Jennejohn From: ivonne.gori@naplesnews.com Sent: Tuesday, May 31, 2016 1:08 PM To: Ann P.Jennejohn Cc: Ivonne Gori Subject: Ad: 1117355, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-16-1117355-1.pdf Attached is the document you requested. Please review and let us kvtow if you have any questions. Tkavtk you. Ivonne Gori Legal Advertising Specialist Naples Daily News/USA Today Network 0: 23 9.213.6061 F: 23 9.263.4307 E:ivovwte.gori@NaplesNews.cowt A: 1100 Ivvtwtokalee Road Naples, FL 341-1-0 1 > Ad Proof Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com " Mill11111111111111111111111111,- ' .‘11111111111111111111111M Date:05/31/16 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:507876(N076397) Please confirm placement prior to deadline by contacting your account Company Name:COLLIER COUNTY HEX rep at(239)262-3161 . Ad Id: 1117355 P.O.No.:45-168030 Total Cost:$315.75 Contact Name: Email:AshleyLang@colliergov.net Tag Line:NOTICE OF PUBLIC HEARING Notice is h Address:3299 TAMIAMI TRAIL EAST#700,NAPLES,FL,34112 Start Date:06/03/16 Stop Date:06/03/16 Phone:(239)252-5851 Fax:(000)000-0000 Number of Times:1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) commencing at 5:00 P.M.,on Thursday,June 23,2016,in the Board of County Commissioner's Meeting Room, Third Floor, Collier County Government Center, 3299 Tamiami Trail East, Naples, FL. If the meeting continues past 9:00 P.M., it will be continued to Thursday,June 30,2016,commencing at 5:00 P.M.in the same location.The purpose of the hearing is to prepare a findings of fact and recommendation to the Collier County Board of Zoning Appeals/Board of County Commissioners in the following petitions: PETITION NO.ASW-PL20150002369-Racetrac Petroleum, Inc. requests a waiver from the minimum required separationof 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.6 of the Land Development Code,for property located on the south side of U.S.41 between Frederick Street and Palm Street in Section 11,Township 50 South,Range 25 East,Collier County, Florida [Companion to Right-of-Way Vacation VAC- PL20150002788]. And PETITION NO. VAC-PL20150002788- Racetrac Petroleum, Inc. requests the vacation of the County and the public interest in an unimproved 30-foot wide public right-of-way described as "Avenue"B"and a portion of an unimproved 30-foot wide public right-of-way described as"First Street,"according to the Col- Lee-Co Terrace subdivision plat,as recorded in Plat Book 1,Page 32 of the Public Records of Collier County.The subject property is located on the south side of U.S.41 between Frederick Street and Palm Street in Section 11,Township 50 South, Range 25 East,Collier County,Florida[Companion to Automobile Service Station Distance Waiver ASW-PL20150002369]. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. If you are a person with adisabilitywho needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida June 3,2016 No.111 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Journal Media Group reserves the right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified depart- ment immediately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, May 31, 2016 1:53 PM To: Rodriguez, Wanda; Reischl, Fred; Berman, Marcus Subject: Racetrac Petitions ASW-PL20150002369 &VAC-PL20150002788 (6-23-16 HEX) Attachments: COLLIERCOU-16-1117355-1.pdf Hi there, The legal notice for Racetrac Petition ASW-PL20150002369 and (companion) Petition VAC- PL2015000278 8, that will run this Friday Juvte 3rd and be heard by the Hearing Examiner Juvte 23rd, is attached for your review and approval. Please let vete kvtow of any necessary changes a.s.a.p. Thank you. Avtvt Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment I3oard Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 Original Message Frowt: ivovtvte.gori@vtaplesvtews.cowt [wtailto:ivovtvte.gori@vtaplesvtews.cowt] Sevtt: Tuesday, May 31, 2016 1:08 PM To: Avtvt P. Jennejohn <Avtvt.Jevwtejohvt@collierclerk.covvt> Cc: Ivovwte Gori <ivovtvte.gori@vtaplesvtews.covvt> Subject: Ad: 1117355, NOTICE OF PUBLIC HEARING Notice is In Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivovtvte Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 2367.2_13.6061- F: 39.213.6061F: 23 9.263.4307 E:ivovwte.gori@NaplesNews.cowi A: 1100 Iwtwtokalee Road I Naples, FL 34110 Ann P. Jennejohn From: Berman, Marcus Sent: Tuesday, May 31, 2016 2:03 PM To: Ann P. Jennejohn; Rodriguez, Wanda; Reischl, Fred Subject: RE: Racetrac Petitions ASW-PL20150002369 &VAC-PL20150002788 (6-23-16 HEX) Looks good. Marcus L. 13erwtan1, P.S.M. Couvtty Lavtd Surveyor Pevelopwtevtt Review Division. Growth Mavtagewtevtt Pepartvv,evtt 2800 N. Horseshoe Drive Office: (239) 252-6885 0 Please consider the evtvirortwtentt before privttirtg this email. **Upcowtivtg out of office Movtday-May 30 Origivtal Message Frowt: Antvt P. Jevtvtejohvt [wtailto:Avtvt.Jevtvtejohvt@collierclerk.cowt] Sevtt: Tuesday, May 31, 201-6 1:53 PM To: RodriguezWavtda <WavtdaRodriguez@colliergov.vtet>; ReischlFred <FredReischl@colliergov.vtet>. 13erwtavtMarcus <MarcusT3erwtavt@colliergov.vtet> Subject: Racetrac Petitiovts ASW-PL2O1S0002369 Sr VAC-PL201s0002788 (6-23-16 HEX) Hi there, The legal vtotice for Racetrac Petition. ASW-PL2O1s0002369 avid (cowtpavtiovt) Petition. VAC- PL2O15OOO2788, that will run. this Friday Juvte 3rd avid be heard by the Heariv.g Exawtivter Juvte 23rd, is attached for your review avtd approval. Please let wte kvtow of avty ntecessary chavtges a.s.a.p. Thavtk you. Avtvt Jevtntejohvt, Deputy Clerk 1 Ann P. Jennejohn From: Reischl, Fred Sent: Tuesday, May 31, 2016 3:33 PM To: Berman, Marcus; Ann P.Jennejohn; Rodriguez, Wanda Subject: RE: Racetrac Petitions ASW-PL20150002369 &VAC-PL20150002788 (6-23-16 HEX) Agreed. Original Message From: 13ervnanMarcus Sevtt: Tuesday, May 31-, 2016 2:03 PM To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.covvt>; RodriguezWavtda <WandaRodriguez@colliergov.net>; ReischlFred <FredReischl@colliergov.net> Subject: RE: Racetrac Petitions ASW-PL20150002369 & VAC-PL2O150002788 (6-23-16 HEX) Looks good. Marcus L. Berman, P.S.M. County Land Surveyor Development Review Division Growth Management Department 2800 N. Horseshoe Drive Office: (239) 252-6885 0 Please consider the environment before printing this email. "Upcoming out of office Monday-May 30 Original Message From: Ann P. Jennejohn [wtailto:Ann.Jennejohn@collierclerk.covn] Sent: Tuesday, May 31, 2016 1:53 PM To: RodriguezWanda <WandaRodriguez@colliergov.net>; ReischlFred <FredReischl@colliergov.net>; l3ervvtanMarcus <Marcusf3erwan@colliergov.net> Subject: Racetrac Petitions ASW-PL20150002369 & VAC-PL2O150002788 (6-23-16 HEX) Hi there, 1 Ann P. Jennejohn From: Rodriguez,Wanda Sent: Wednesday,June 01, 2016 8:12 AM To: Ann P.Jennejohn Cc: Reischl, Fred; Berman, Marcus Subject: RE: Racetrac Petitions ASW-PL20150002369 &VAC-PL20150002788 (6-23-16 HEX) Looks good here too. Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239) 252-8400 Origivtal Message From: ReischlFred Sevtt: Tuesday, May 31-, 2016 3:33 PM To: BerwtariMarcus, Ann P. Jennejohn; RodriguezWavtda Subject: RE: Racetrac Petitions ASW-PL201500023(o9 & VAC-PL20150002.788 (6-23-16 HEX) Agreed. Original Message Frowt: 13erwtavtMarcus Sent: Tuesday, May 31-, 201-6 2:03 PM To: Ann P. Jennejohn <Avtvt.Jevtvtejohvt@collierclerk.cowt>, RodriguezWavtda <WavtdaRodriguez@colliergov.vtet>; ReischlFred <FredReischl@colliergov.vtet> Subject: RE: Racetrac Petitiovts ASW-PL201500023G9 & VAC-PL20150002788 (6-23-1-6 HEX) Looks good. Marcus L. l3erwtavt, P.S.M. County Lavtd Surveyor Development Review Division Growth Management Department 2800 N. Horseshoe Drive 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday,June 01, 2016 8:31 AM To: 'ivonne.gori@naplesnews.com' Subject: RE: 1117355, NOTICE OF PUBLIC HEARING Notice is h Looks good !vovtvte, please publish this Friday, Juvte 3, 2016. Thavtkyou! Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustvvtevtt Board Collier Couvtty Board Mivtutes & Records Dept. 23q-252-8406 Fax 239-252-8408 Origivtal Message From: ivovwte.gori@vtaplesvtews.cowt [wailto:ivovtvte.gori@vtaplesvtews.cowt] Sev.t: Tuesday, May 31, 2016 1:08 PM To: AL'w P. Jevwtejohvt <Avtvt.Jevtvtejohvt@collierclerk.cowt> Cc: Ivovtvte Gori <ivovwte.gori@vtaplesvtews.covvt> Subject: Ad: 1117355, NOTICE OF PUBLIC HEARING Notice is h Attached is the docuwtevtt you requested. Please review avid let us kvtow if you have avty questiovts. Thavtk you. Ivovtvte Gori Legal Advertisivtg Specialist Naples Daily News/USA Today Network 0: 239.213.6061- F: 39.213.6061F: 2.3q.263.4307 E:ivovtvte.gori@NaplesNews.cowt A: 1100 Iwtwtokalee Road Naples, FL 34110 1 =UMW NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) commencing at 5:00 P.M., on Thursday, June 23, 2016, in the Board of County Commissioner's Meeting Room, Third Floor, Collier County Government Center, 3299 Tamiami Trail East, Naples, FL. If the meeting continues past 9:00 P.M., it will be continued to Thursday,June 30,2016, commencing at 5:00 P.M. in the same location. The purpose of the hearing is to prepare a findings of fact and recommendation to the Collier County Board of Zoning Appeals/Board of County Commissioners in the following petitions: PETITION NO. ASW-PL20150002369 - Racetrac Petroleum, Inc. requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.6 of the Land Development Code, for property located on the south side of U.S.41 between Frederick Street and Palm Street in Section 11,Township 50 South, Range 25 East, Collier County, Florida [Companion to Right-of-Way Vacation VAC- PL20150002788]. And PETITION NO. VAC-PL20150002788 - Racetrac Petroleum, Inc. requests the vacation of the County and the public interest in an unimproved 30-foot wide public right-of-way described as "Avenue"B"and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the Col- Lee-Co Terrace subdivision plat,as recorded in Plat Book 1,Page 32 of the Public Records of Collier County.The subject property is located on the south side of U.S.41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East,Collier County,Florida[Companion to Automobile Service Station Distance Waiver ASW-PL20150002369]. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. If you are a person with adisabilitywho needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida June 3,2016 No.111 ?'apLrø BiaiLii NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1117355 NOTICE OF PUBLIC HEA 45-168030 Pub Dates June 3,2016 R.�li..ei� -re 7 7 (Sign ure of affiant) lidlrisdbrilhigillraividerdwiduhrimbe Sworn to and subscribed before me 4 Orik, IVONNE GORI 0 This June 08, 16 -, �, Notary Public-State of Florida • I •i Commission ,r FF 900870 -/ ' �.O&' My Comm.Expires Jul 16.2019 rnA '‘ Bonded through National Notary MMI. ,PAS Imirmrpowirrorroarmwerporrowirrowili (Signatur of affiant) ' • a) NAPLES DAILY NEWS et Friday,June 3,2016 a 19D V y Homes/Out of state Automobiles for Sale Vehicles Wanted V..'ir. . ZO BIG CANOE.W-Now attept- CNRYKLE0. PACIFlCA 2004. PREMIER MOTOR CARS 34102,Intends to register the THAI UPON CAFE 5TH AVENUE g short term reservations 68`700 ml.,3rd row seating Cars/Trucks/Classics aid name With the Diving^ NOTICE OF INTENT for 2/2 cabin on 3 acres in /lent condition,$4.904 We pay Top Dollar f Corporations f the TO REGISTER FICTITIOUS Florida the exclusive Biresort s Canoe Bgals/Motors/Marine NISSANOBO239-595-0274. For Clean Tallahassee,Florida.[Dated aof t NAME Z north mountain Atlanta.Hot htub our MAXIMA 2012,pearl Call Doug Mont! Naples,Florida,May 27,2016. NOTICE OF ACTION N deck and glorious views. Ot la, T SEAD00 nt cond., -h white,.$160009080.adult (239)2214000 CONCIERGE PERSONAL CT Enjoy If,tennis,hiking, trailer,86900 a(2391877-4450 284.3577 or X479-619-7560. TRAINING Notice Under Fictitious Q nearby waterfalls. Explore&shop STEARNS MOTORS June 3,2016 No.1118918 Name Law Pursuant t0 mountain towns.For AFRER UPPER-21'Deck Boat. MOST TRUSTED Section 865.09, Florida photos,rates and availabil- Sports and lm for&trailer$1,500 ob0 ports BUYER Since 1977. Statutes NOTICE IS HEREBY W ty see listing#495166 On Ca11(815)530-2731 All Vehicles wantedQ GIVEN that the undersigned, VNBO.com or 706-579-1233. 'N BMW 3MCI CemertlMe Rod or Jim(239)774-7360 Real Estate Patricia Walcott, desiring to (706)5794233 'WI in exellent condition. gage i business der IdK mi.56,900.(239)871-4450. 77Hres oc ¢like h. the fictitious name f Thai FORMULA Auto Parts&Ace P�' tit Cafe Sth Avenue located 2893 BYW CONVERTIBLE _ Waiite'I 1�,Rent 39Kmi.silver.Beautiful cond.. t 489 5th Avenue 5., In the K New top motors.Never 1 NEW ZEON coo TIRE, lOCOL�fTEC{S County of`Oilier, Naples, J CLASSY CHRISTIAN WOMAN salt$31(aove book but well I23S13Rie, . used.489. Florida 4102, intends to seeks a room/condo/ - worth it.$13 900 firm.Call (239)384-9988.never CO s IMC register the said name with house-sitting ASAP.Prefer for vleWing(239)2094542 NOTICE OF INTENT te Division of Corporations gated community.Chaired CAPTAIN'S LICENSEO REGISTER FICTITIOUS of the Florida Department of Bags for American Cancer HONDA ACCORD COEK-2003. NAME State, Tallahassee, Florida. L's a Society.Exc.references. Naples OUPV-6-pak One owner, all service Dated at Naples,Florida,May (339)919-2000 lune 13011 817-435-3187 records,garage kept.277k NOTICE OF ACTION 25,2016. Indoor Summer Storage highway miles,Have learfax THAI,201 CAFE 5TH AVENUE O available in Naples for post- n report.Beautiful tan leather Notice Under Fictitious Name lune 3,2016 No.1118896 Q fried boat models!Trailer interior.All options except Notirl' Law Pursuant to Section not required.Air circulation navigation.Really Great run- 865.09, Florida Statutes U = W system in building. 9 condition.Make an offer CHINA STAR CHINESE NOTICE IS HEREBY GIVEN Brokerage service available! $2950.(339)293-0888. AMERICAN RESTAURANT that the undersigned,Benson There's L• Q U Call Denny for more info. MEK mi., DSO 2006. NOTICE OF INTENT Blackburn,LLC, desiring to _ 2KSAND3589 40K mi.,$14,495.Exc.cond. TO REGISTER FICTITIOUS gage business der •- Businesses/Sale KAYAKS AND CANOES Sport/Prem.pkgs.Nonamok- NAME the fictitious name o}IMC, no place Q ~ Sales,Rentals,Equipment e.Naples 305-810-8293 text located t i1t Vanderbilt l r T NOTICE OF ACTION Beach Road,Suite 501,in the 1l Imp here. Q 0 ITALIAN RESTAURANT ESTERO RIVER(239)992-0050. County of Collier, Naples, 1' e I iP¢2Eea ROYAL HARBOR BOAT Kip Sport Utility Vehicles Notice Under Fictitious Name Florida 31108, Intends to U Z Z to Sale. for rent.only es minutes to Law Pursuant to Section register me said name with touted in fast growing area Gulf,includes electric& MERCURY MOUNTAINEER- 865.09, Florida Statutes the Division of Corporations Real Estate of East Naples. water!(239)777-4612. 2000. mi.NADA Price NOTICE IS HEREBY GIVEN f the Florida Department Of Turnkey.MAKEOFFER! $4,200.Sell price$3,995. that the undersigned Chow State Tallahassee, Florida. start Today! (239)]34-0098. Hwa Cnens LLC, desiring to Dated at Naples,Florida,May 239-393-6674 Campers&RV's engage In business under the 20,1016. V) Serious Inquire.Odyl 32'INDEPENDENCE by Gulf- Motorcycles/M,ip,•1 fictitious name of China Star IMC Ne Brakasl stream Class C mgtorhome Chined At 101ican Restaurant, June 3,2016 No.1118139 rel 11) 2003,29,000 miles.asking BMW 1200RS 2003 blue and located of 1111 Homestead Rd. Offices-Warehouse/Sale $15,000. (239)7774618. white mint undltlN,859N. Neliigh AneIn the;°Florida of 33936 in RAT WALCOTT DESIGNS O Call eass13/7.4451. NOTICE OF INTENT WANTED ALL MOTOR HOMES Intends to register the said TO REGISTER FICTITIOUS N AMBFwvnFULSUrITS AND CAMPERS.NS.Any cond. Vans name with the Division of NAME localfieds FROM$295.With conference Cash Paid. (954)789-7530. Corporations of the Florida r0 f room.Call 2394434600 CHRYSLER TOWN a COUNTRY De artmeM State, NOTICE OF ACTION Recreational storage 2014.Wheelchair Van with TaaMhassee Florida.Dated of © A3500 KQ.fT.ROME fOR SALE 10"lowered fir,ramp&tit Na01CHIF1UfSTARCHINESE16 llnmiee lawnd"Pursuatntioto downs.(239)494-8267. Section gam% Florida 0,i..,tlf Sal. (0 E !n Dated community which AMERICAN RESTAURANT Q) - incorporates 5 garages and lune 3,1016 No.1118940 Statutes NOTICE IS HEREBY Dace fora 45ft RV.Call for GIVEN that the undersigned, NOTICE OF PUBLIC to details.(239)405-8852. CONCIERGE PERSONAL Patricia Walcott, desiring to SALE: DEALER'S CHOICE >+ C Q ABSOLUTELY ALL AUTOK- - Financial STORAGE: MOTORHOMES Wanted!Dead or Alive Top$ TRAINING gage business der TRANSPORT,LLC gives Notice f U RVsboat, uto. Co red FREE PICK UP 239-26e U0 NOTICE OF INTENT the fictitious name Pat f Foreclosure o1 Lien and N C U available.(239)643-0447 TO REGISTER FICTITIOUS Walcott Designs,located at Intent to sell these vehicles > C.J NEED CASK?We buy oNY1N CARS/TRUCKS WANTED NAME 499 Saddlebrook Lane,In the 6/1/2016,8:00 am at 6203 financed mortgages. Sell Your Used or Damaged County of Collier,I Naples, JANES LN NAPLES,Fl.34109- 73 (v Restive money afre temp 2000-2016norot iationwid NOTICE OF ACTION Florida lets 34110, intends to 6228,pursuant to subsection �n Geta quote. Ronne Towing. ay. register the said name with 713.78 of the Florida Q xxY 0 su(11SI8614N3 Freer p.Same Da Notice Under Fictitious Name the a Florida Corporations Statutes. DEALER'S CHOICE v/ coMNeeeSs Ims6 ip Pick-Up AH4.6 -vailable: Law Pursuant to Section tale Tallahassee, e. TRANSPORT,LLC reserves the CYN/-65T-ISN 865.09, Florida Statutes Stat¢ Tallahassee, Florida. right to accept or reject any Automobiles for Sale NOTICE IS HEREBY GIVEN Dated et Naples,Florida,May ad/or all bids. Money to Loan CORVETTES WANTED-To that the undersigned,Sherida 25.3016. 2000 ISM/RODEO-4 WD, dollar.Cash today.Call Ostler,desiring[ 9aycin PAT WALCOTT DESIGNS IGCDTI9XXW8162954 1998 tow pito.122K mi.excellent 809-3660 or 941-923-3423 business under the efit'dious June 3,2016 No.1118860 CHERVROLET .� BRIDGE LOANS c0 d.53500.(239)821.8052 Of Concierge Personal lune 3,2016 No.1119020 On Commercial PropertyLARGEST BUYER N FL-Autos, Training,located at 409 5th Nee 3-5 Yr.836. KI .Interest Only CHEVROLET IMPALA SS 2007. trucks,RV's,cycles. K to Avenue S., n the County of Request for Bids Requi's!!,.r Bi(Is . Local Investor. black,cell15.3L,956 miles, SINK.Dave,(239)150-2000 Collier,in Naples, Florida 901-631-619] $8800.Call(239)566-3463. INVITATION TO BID I,. 'hi ice 0,lire Notice Of Sale The School Board of Collier County,Florida,will accept Sealed N NOTICE OF CLOSED EXECUTIVE SESSION NOTICE OF SALE Bidsdatehnof di below of Director of Purchasing until 2:00 p.m.on theThe Bonita Springs Fire Control&Rescue District Board } NOTICE OF PUBLIC NOTICE SALE Is hereby given,that we will g��p Dr ga11 or otherwise dispose of the contents of the following sell 1-0 TITLF OPEN N In Commissioners will hold closed executive session for the storage units in order to satisfy the delinquent storage lien 1-89 Mold&Water Remediation Services June 23,2016 in purpose of collective bargaining negotiations.The meeting will placed in accordance with the State of Florida Statute 83.806. Xbe held on Monday,lune 132016 at 3:30 p. .The meeting Il be Scope of work and r4. meats i ht•: en _ held at Station Four,27701 Bonita Grande Drive,Bonita Springs, UNIT# NAME CONTENTS •=n 1•=seam ••li-r b•e uOF .37 FL.FS 441.605(1). All Franklin Stork,Ill Household asp.=sea - •=;;:mi='' or ca 39-377-0. . 0 June 3 2016 No.1118841 All Franklin Stork,III Household r < U < C113 Dmitri Granovski, Primelife The School Board of Collier C.M.Florida ✓ \ -1....'..' "1''" Communications-Furniture 8y:/s/Dr.Kamela Patton r Z N Z Public sale to general public conducted Friday June 17,2016. Superintendent of Schools LEGAL NOTICE/REVISED Time:10:00 AM. tte Self Storage of Naples,400 Goodlette Authorized by: Rd N,NatHes Fl.34102.239-263-8588.Unittents sold to Nancy Sirko,Director of Purchasing Notice is hereby given that the Naples City Council will hold a highest bidder.Open door sale.Cash,Visa,MC Discover only. lune 2&3 2016 Nu.1117501 meeting beginning at 8:30 a.m.,Wednesday,lune 15,2013,13 City $150 cosh clean out deposit(refundable)William R.Thomas. a) Council Chambers,735 Eighth Street South,Naples,FL,34102. Auctioneer AU 2146.Bill Roye Auctions ab737; Request(or Bids Q Among the public hearing to be considered at that meeting Is: lune3&30,2016 No.1119851 1111=P31 BID C Request for Bids Request for Bi11s ,The School Board of Collier County,Florida,will acce t Sealed E RIGHT-OF-WAY VACATIONt.oON W922 pp A Resolution determining Right-of-Way ghht-of-Way Vacation Petition 632922 INVITATION TO BID Bids in the Office of the Director of Purchasing until MO p.m.on Dto vacate approximately 3,375 square feet of the Gordon Drive the date noted below for: eU Z a ighf-ot-way along Lot 22,Block 5,Ocean View Addition plat The School Board of Collier County.Florida,will accept Request Q located at 3235 Gordon Drive. for Qualifications In the Office of the Director of Purchasing until BID SBILE upplies �P sit ▪ C T Petitioner: Naples Miracle One.LLC 2:OOp.m.on the date noted below for the following: I6-088 Plumbing Hardware,Parts& tun 421,2016 Location: 3235 Gordon Drive Supplies F- Agent: John M.Passidomo rig # ��T��QQ qp�� 7 16-091 J y round Equipment&installation lune 23.1016 Scope of work and ulrements W Irttp://WWw. A d legal description ter[kis p[Non is a fable in the Services de1R lldsaC.p1n� Qplier/bids9agency p/b d II Z (V eU Q City e/ eP1eaK 1 Streets&Stormwata 0epar[maU,295 Rivenid! asp?f=sear SBLPgdernr 102020r ca11139-3/-60//. Circle,Naples,Merida,(239)2133019. Scope of work d requirements W htto://www. N N �1 demandstaccorti� QQyylIler/blda0cy c/b'd list The School Board of Collier County,Florida Q C V HEARDTERESTED PARTIES ARE INVITED TO APPEAR AND BE as0?f=search&CPS BB8mi=1D20Sor x11139-3R7-0241. Br/s/pend nfuf Patton olz HEARD. The School Board of Colyer County,Florida Authorized by: PU7TP-e^i « �,. u H By:/s/Dr.Kamela Patton Nancy Sirko Director of Purchasing ... .9 Superintendent of Schools lune 2&3 2010 No.111017e n .JSSTTRT[ZX".T'{-.K a on o Autoreed by: i'c'a m!' 11 roams ffOOeNn winch 0the aye. heard. Nancy Sirko,Director of Purchasing Public Notices Public Notices teethwAny p Pah dl ah I ry q g eu 1 y lune 3&10,2016 No.1118975 NOTICE OF PUBLIC HEARING fort meeting may call the CityClerk's office at 213-1015 with Not:Ce Cif Sale Noti,.rr' it requests at least two business dS days before the meeting date. Notice is hereby given that a public hearing will be held at NOTICE OF SHERIFFS SALE the Collier County Heating Eimnina(NEO) g e ng t City of Naples ByPatricia le Rambosk.MMC. 1:89 PA en Thursday,lune 23,2116,in the Board of County NOTICE IS HEREBY GIVEN that pursuant to a Writ Commissioner's Center. 329 Room,Third Floor,Collier County City Clerk f Execution issued out of the Circuit Court of the Twentieth Government Center,3299 Tamiami Trail East,Naples,FL.If lune 3.2016 No.1120230 judicial Circuit in and for Collier County,Florida n the 11th the meeting continues past 9:00 P.M.,it will be continued to 1.,1 ir,171�,-,Ie day of January,2016,In the Cause wherein Frederick Wiseu is Tsday,h+ M,2816,commencing at 500 P.M.In the same Notice OI foie Plaintiff,a.qa h y Jackson Williams,W ams,lb.is Defendant,beihurng location.The purpose f the hearing top par a findings t recommendation Case No.2012.CA-489,in the said count;I,MIKE SCOTT,as f faend m ndation to the Collier County Board n f MY19dStIVIIFS Sale Sheriff f Lee County,Florida,have levieduponall o}the right, Zoning Appeals/Board of County Commissioners in the following s. NOTICE IS HEREBY GIVEN that pursuant to an Execution Issued inand to the followingand Intrest ofedescribed pro tDefendant,Sydwayo--wwit: 'lr' petitions:ns in the County Court of Collier County,Florida,on the 17th day of July,2007,In the cause Wherein FIRST SELECT,INC.,a DESCRIPTION OF PROPERTY PETITION NO.CSWPL20150002369-Racetrec Petroleum,Inc. Florida Corporation,onAsff(s)and REBECCA LEE,an individual, quests a waiver from the minimum required separation of defendant(s),and by aver C00 ant of Judy t recorded In the Personal belongings and tangible property of the defendant, 500 feet between facilities with fuel pumps pursuant to Section Official Records of Collier County,Fl in that FIRST SELECT INC. Sydney Jackson Williams,Jr.,sold as one lot. 5.05.05.B of the Land Development Code for property located "�, udgments have been assigned Sc GERARD SERVICES INC.case the south side of U.S.41 between Frederick Street and Palm Gs`rtS'T no.00-1040-CC,in said court;I.Kevin I.Rambosk,as Sheriff don Thursday,June 30th,2016.at All the Way with Bill Stree[tytin Section Il,Township 50 South,Range 25 East,Collier E of C Interest County,Florida, REBECCA LEE,all E tIn he ri o to title ike Verney Storage(Vemay Van Lines),3065 Cranford Ave.,Fort County. •[Companion to Right-of-Way Vacation VAC- fallowit described PERSONAL to-con: Myers,Florida at the hour of 10:00 A.M.,or as soon thereafter 9 property a y :,,,t I will offer for sale all of the Oe aint'sa.Sydney 2917-CHEVROLET TAHOE VN:IGNFCI3CX7D3)W laekaer W�uns.R.,right,title, tl Interest In toreceid And property at public outcry and.!11 sell the same,subject to all And on the 17th day of June,20[6,at the Collier...Sheriffs rior liens,encumbrances and judgments,If anyy,t0 the highest PETITION NO.VAC-0L201500027e8-Racetrec Petroleum,Inc. �� AndoOffice,3319 Tamiami Trail East,Naples,FL lie. at file hour of and best bidder or bidders for CASH tN HAND,the proceeds to requests the vacation of the County and the public interest in Ai 1000 a.m.,or shorty thereafter,I will offer for sale all of the be applied as far as may be to the payment of costs and the improved 30-foot wide public right-of-waydescribed as 10:00ant(s),REBECCA LEE,riht tale,and aforesaid satisfaction of the above-described Execution. Sevenue•B"and a portion of an unimproved 30-fot wide public 9 righbohway described as First Street,^according to the Col- roperty at public outcry and will sell same,subject to all prior Dated this 12th day of May.2016 Mike SCOTT,Sheriff Lee-Co Terrace subdivision plat,as recorded In Plat Book 1.Paye Z en encumbrances and judgments,if any,to the highest and Lee County,Florida 32 of the Public Records of Collier County.The subject property best bidderforto CASH IN HAND.The proceeds etoH be applied hase pdvertlae: is located on the south side of U.S.11 between Frederick Street =ia0/i.� far as may bate the payment of costs and the satisfaction of the and Palm Street In Section 11,Township 50 South.Range c25 e n, above described execution.Vehicle may be seen at Bald Eagle May l0,3016 ten East,Collier County,.Florida[Companion to Automobile Service >� W Towing 3880 Enterprise Ave,Naples,FL 34104. May 2T,2016 Lieutenant Gary Desroslers Station Distance Waiver ASW-PL20I50002369). aKevin J.Rambosk,as Sheriff June 3,2016 Civil Division .9m9 O Collier County Florida June 10,2016 Lee County Sheriff's Office All interested parties are invited to appear and be heard.All 4by./s/L.A.Wehrheim.Deputy Sheriff Phone Number 239-477-1353 materials used in presentation before the Hearing Examiner will become a permanent part of the record. Z Dates Advertised:May 13,20,27,June 03,2016 inIf ou order to pa on partithacipate In this ore at C n order to participate In this pr You ne edRIed,at If m order topersonwite in this prowho ceeding, g,you are eommgdatino In accordance with the American with cnieemities At,persons ...you,10 the provision of ideacertain ,torlaoe.Please in der participate in this proceed mg,you are entitled,at no needing a dation to participate n this no contact Deny at Lei lard.Com Operations Widen Streeter,whose office Collie!Cfhty Facilities Otoertainassistance.ion to contact B dc y islocated at Lee Cantylseelehone umberMonroe Street,Fort the Cllier Count facilities Management Dloision located at •vr,lan Proceeding hould contact Becky Adams,Judicial in Myers,FL 33911,and whose tdeyyIsaac number Is(239)533-1]71, 3335 Tamiami Trail East,Suite 100,Naples,Florida 34112-5356, mFt per,whose office is looted at Collier County Sher239- at!cast 7 days bdae snedded court appearance,se (239)152-8380,at least two days prior to the meeting. 252-0Office,3319 Tamiami Trail E,Naples,FL 34112,telephone;139- he sch tddvx open arance Is this thannotification7 days H the time before 252-ONO,(TDD)least seven 00-955 7prior to the pp dingy 16770,is or vaiceddd Wpaaanee la cess than7daYSINyou are hearing Mark Hearin tilt . Florida Relay Ser ice 955.8771,or Voice(V)1-e00A5.5-8T]0,via or vile¢iurpdr f sail Tu. Chief Collier Hearing County.Florida �t \ No.1084366 890./094179 une 3,2016 Florida No.111 ca Jen+C� t LL mmiur ••••••••••••••••v, i a•r araraaacn••••••101‘ 7 f1CMnhr\V CAM�1nCR .'- �„ PUBLIC PARTICIPATION FORM (Please Print Legibly) *******************''`**********,*-*****,*,********************************************************* AGENDA TITLE: ;I-FC 0 I `alt£ W AA Int_. AGENDA#: YOUR EMAIL ADDRESS: 4 1 /L i O • PRINT NAME: ( j, • 5'ftlC/eHONE#: Z5'1. t]o -Fj p O� SIGNATURE: % +� MAILING ADDRESS: 2 3 ,(' ;. 4y/0k k r^ (City) () 7 �f C o ILA (State) f"— (Zip Code) ]�/ *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (check boxes which apply) ❑ FOR ❑AGAINST ❑GENERAL INTEREST APPLICANT'S REPRESENTATIVE ❑I WISH TO SPEAK AT THIS PUBLIC HEARING CE`e OLT- CP\08-CoA-001 151145 ********************************************************************************************** AGENDA TITLE: P S ki–PL 2.-0 Solo Z36 7 AGENDA#: 3if 4 3 V4c- - La.JL5 29_6-8 YOUR EMAIL ADDRESS: �LF )320c, /CSS cP 6 d-ei,L . PRINT NAME:-W-"1-11F- PHONE#:ol3c)) I° S (. SIGNATURE: MAILING ADDRESS: la 13 e. C ry E FIC (City) C f7'+" COf?AL (State) k (Zip Code) 3, 3 Iq 0 y *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in6/l- ••••••••••••••••••••••••••••••••••••••••••••••••••••• ` ****************************************************** ***' '******************************** (check boxes which apply) ❑ FOR ,/AGAINST ❑GENERAL INTEREST ❑APPLICANT'S REPRESENTATIVE (pJ I WISH TO SPEAK AT THIS PUBLIC HEARING C P08-C OA-001 151 145 AGENDA TITLE: (', AGENDA#: YOUR EMAIL ADDRESS: \eao I e•‘"(AA S 4 e Qma't I t CON PRINT NAME: JVan�/an AOCI n�Q `PHONE#:t3 `�� 7✓ SIGNATURE: I .,{"V�"�"'!l MAILING ADD' ZL` ' (1 (City) (\) (State) F- (Zip Code) MI I2_ *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks)1 (0106X ********************************************************************************************** (check boxes which apply) ❑ FOR /AGAINST ❑GENERAL INTEREST ❑APPLICANT'S REPRESENTATIVE ❑I WISH TO SPEAK AT THIS PUBLIC HEARING CM-WA-001151W ******************* ***`** ******************************************************************* AGENDA TITLE: QUG' aei AGENDA#: YOUR EMAIL ADDRESS: 14.4.c0 b i1)0.°(-04 74®LI rA �a ' COM y PRINT NAME: Kam V- IQ'y PHONE# y r�: al 1 1 4'I 1 I l SIGNATURE: MAILING(�A�DDRESS: F2:55 Z ? ' ?Op lar 5t-. a (City) '1 (State) F L (Zip Code) -51H 2 *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** COLUIER COUNTY HEARING EXAMINER` PUBLIC PARTICIPATION FORM (Please Print Legibly) *`**n************************************************************MMM** AGENDA TITLE: Wile ina/ ' l i,F o ✓ ' 3 n AGENDA#: YOUR EMAIL ADDRESS: 7` P/ I v N 4- (T J 7ci/ / •lam-o 11A-- PRINT 1 -- 2 PRINT NAME: (Jt—(S.-H 4,)j 007-' / PHONE#:?3 q 2 3/ 6/y l SIGNATURE: ,/ l— MAILING ADDRESS: ?a Z5-- ,1.9tif 0 e A J (City) Nb,/°f (State) FL- (Zip Code)3,-/f/ 2_ *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (check boxes which apply) o FOR (19AGAINST o GENERAL INTEREST o APPLICANT'S REPRESENTATIVE ell WISH TO SPEAK AT THIS PUBLIC HEARING CP\08-COA-001 I5\145 AGENDA TITLE: �� AGENDA#: YOUR EMAIL ADDRESS: /i6C.e ii,Z.Z C C/e0rNCJ.Sri -V..5-/— PRINT iPRINT NAME:Zh/ S Fy l wom.y S PHONE#: G,37-66:22'5/C-1,j SIGNATURE: MAILING ADDRESS: /7OCcY-,in FAL z,, �i� (City) .nL P S (State) ( (Zip Code) LTC/2Y 2_ *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) 5:00 j43`- ********************************************************************************************** (check boxes which apply) o FOR /AGAINST ❑GENERAL INTEREST o APPLICANT'S REPRESENTATIVE o I WISH TO SPEAK AT THIS PUBLIC HEARING CP\08-COA-00115\145 (Please Print Legibly) AGENDA TITLE:- ********** ********* ************************************************* AGENDA TITLE: c* C ,(._ AGENDA#: YOUR EMAIL ADDRESS: PRINT NAME• .,%\� '�� \ PHONE#: SIGNATURE: "*� MAILING ADDRESS: t16 ( O `o 'C \e'§Ne' �Gti� (City) \� / �\4, (State)--c-lam_— (Zip Code)`j *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (check boxes which apply) o FOR SAGAINST o GENERAL INTEREST a APPLICANT'S REPRESENTATIVE> I WISH TO SPEAK AT THIS PUBLIC HEARING CP\08-COA-00115\145 AGENDA TITLE: As(A f AGENDA#: YOUR EMAIL ADDRESS: PRINT NAME: V iw. ► PHONE#: SIGNATURE: i p O V MAILING ADDRESS: /5— � B t)A. 1 PLS% f (City) 34f/1L (State) r"L' (Zip Code) 3'fIO *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (Please Print Legibly) � AGENDA TITLE: j&a C e it.� £C R 5 JG(f r 0I7 AGENDA#: YOUR EMAIL ADDRESS: /,S e❑A/ Q J PRINT NAME: TC' �lO -e'G�/ P E#: SIGNATURE:WI? MAILING ADDRESS: //793 Se4,35/er r Cz (City) 00 (State) (Zip Code) 39//2 *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (check boxes which apply) ❑ FOR AGAINST ❑GENERAL INTEREST ❑APPLICANT'S REPRESENTATIVE ❑I WISH TO SPEAK AT THIS PUBLIC HEARING CP\O8-COA-00115\145 (Please Print Legibly) AGENDA TITLE: ��P (i� AGENDA#: YOUR EMAIL ADDRESS: THF Srl n 1' 44 �0 CIO L. PRINT NAME: 1 rv/..,Y � Q.Arl� PHONE#: IJ SIGNATURE: ��y '" '_*5'* MAILING ADDRESS: /1! /14''` / (City) /"" y (State) �%1�7 (Zip Code) 34//17.-- V *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ******************************************************************************MMM************* (check boxes which apply) ❑ FOR W%AINST o GENERAL INTEREST ❑APPLICANT'S REPRESENTATIVE a•11/WISH TO SPEAK AT THIS PUBLIC HEARING (Please Print Legibly) ********************************************************************************************** AGENDA TITLE: /7U•-'t' / AGENDA#: YOUR EMAIL ADDRESS: PRINT NAME: �l u t Ly :i >B 01. PHONE#: _ / - 7/ C"7` J SIGNATURE: -\' MAILING ADDRESS: - )/64 ✓J1i (City) / , , , (State) f !- , (Zip Code) 3 c'//�' *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (check boxes which apply) ❑ FOR to AGAINST ❑GENERAL INTEREST o APPLICANT'S REPRESENTATIVE (I WISH TO SPEAK AT THIS PUBLIC HEARING AGENDA TITLE: r- C (-4 , AGENDA#: YOUR EMAIL ADDRESS: Carr i 4et PRINT NAME: �r1YA/ N\i��1c PHONE#: 2:)11-2,1\-c\-+4�j�I SIGNATURE: ��,lap / q/ MAILING ADDRESS: t.t o (City) /` ,P1 (State) + (Zip Code) 7 i *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) F237rtiec-)n \ r' **********************************************************************#A'",y (check boxes which apply) (Please Print Legibly) ********************************************************************************************** AGENDA TITLE: Rau_ j,/,,.,<, • AGENDA#: YOUR EMAIL ADDRESS: /00/1 A e 0 (r°___..-/j i,, • c4/h') //,, / J3 PRINT NAME: •e7,7,0 F OAK'e-in d PHONE#:9'`/(6 3 06 ,)- SIGNATURE: ../�;,�.,,.�.L�AA MAILING ADD'IS: 3 a ,//I 3 r/ (City) / v (State) F-7 (ZipCode) T•i I 2'' *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks)/Z /M / • ********************************************************************************************** (check boxes which apply) ❑ FOR o AGAINST o GENERAL INTEREST n APPLICANT'S REPRESENTATIVE o I WISH TO SPEAK AT THIS PUBLIC HEARING (Please rrint uegluly) *************************************'*,********************************************************** AGENDA TITLE: Ai "" AGENDA#: YOUR EMAIL ADDRESS: U �)l{ PRINT NAME: ) LL \� \ PHONE#: e...., '<---- ,,. SIGNATURE: MAILING ADDRESS: '20..3 M' 1.1 '.._c.), n p (City) \ 0 _5 (State) c L (Zip Code) -41117II *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) 2`��SVA:\ *********************************** *** ************************************************* (check boxes which apply) ❑ FOR AGAINST ❑GENERAL INTEREST ❑APPLICANT'S REPRESENTATIVE OF WISH TO SPEAK AT THIS PUBLIC HEARING *********************** }lint+*'**I************************************************************ AGENDA TITLE: yt1- 7��S W AGENDA#: YOUR EMAIL ADDRESS:,� PRINT NAME: "1 L A-Pc. 1-1------L�-`(-) PHONE#: SIGNATURE: MAILING ADDRESS: 2,0I -) nnICK. 51- (City) J i\PM (State) % L- (Zip Code) 3 I2 *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) 3 8c t.*LL3 5c',i)l ********************************************************************************************** (check boxes which apply) f'p's"VA JXL o FOR ' AGAINST Or ❑GENERAL INTEREST D APPLICANT'S REPRESENTATIVE ❑I WISH TO SPEAK AT THIS PUBLIC HEARING �J _ DE I t—` CP\08-COA-00115\145 71.r t/ -� J 1 I Y�'�G 4- 11 AGENDA TITLE: i AGENDA#: YOUR EMAIL ADDRESS: V,e...'^"'^'N.p,,,.""4epilJ V'\U-Co-1"\ PRINT NAME:\..)(:::- ` ' d TJ- PHONE#: 7-3q-sc.0-9 j r Q SIGNATURE:_C 1`�- / MAILING ADDRESS: ±%� Q 1C 1�L (Zip Code) ) (City) NLY (_(State) L 3i Li/ 2- *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) 3 LAT S 5W Ila- ********************************************************************************************** (check boxes which apply) ❑ FOR XAGAINST A"S 1) 1," n CFNFR ei.INTru'em .__...__,..__.__.._._.,_.,..... __. ...IPUQLtG l'AK I MAYA mon rvKpl (Please Print Legibly) ********************************************************************************************** AGENDA TITLE: .4 AGENDA#: YOUR EMAIL ADDRESS: 'vP v 1.3� 5 PRINT NAME: �J ` .04,i7 PHONE#: ��I4 Z r SIGNATURE: MAILING ADDRESS: (S 3 ( ae (fie (City) A QP (State) � (Zip Code)2 LEI( *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) 4/,Jr.s ********************************************************************************le************* (check boxes which apply) ❑ FOR ❑AGAINST J ❑GENERAL INTEREST ❑APPLICANT'S REPRESENTATIVE o I WISH TO SPEAK AT THIS PUBLIC HEARING AGENDA TITLE: (i 5 ,, AGENDA#: YOUR EMAIL ADDRESS: /9 r/ /7 7 4 Cp 6f..v 4 • (cfY)1 PRINT NAME:k 44A .c. /7/4,5C.04/1e 2e 1/, PHONE#: SIGNATURE:44,..*- ,t,�A '277,09--Seat'- J4f, MAILING ADDRESS: 0.?./A:1 / (City) /(I /.(�,..' (State) �(qt • (Zip Code)3 VO 0— *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (check boxes which apply) Ar,w o FOR GAINST ti� ❑GENERAL INTEREST { o APPLICANT'S REPRESENTATIVE WISH TO SPEAK AT THIS PUBLIC HEARING AGENDA TITLE: I'{S("1 AGENDA#: YOUR EMAIL ADDRESS:^ D(22t ley D1 1 Q�(J e aoL (,011 G PRINT NAME: C JI(Z1 6y-\ PHONE#: 1 SIGNATURE: � MAILING ADDRESS: '-iat2cieri C L ST rez (City) '( 1(O f)kS (State) C I (Zip Code) 31.1)/2._ *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (check boxes which apply) ,(i O /kr__ or �— / ❑ FOR )(AGAINST �WA/a GENERAL INTEREST � ❑APPLICANT'S REPRESENTATIVE WISH TO SPEAK AT THIS PUBLIC HEARING CP\08•COA-001 I5\145 (Please Print Legibly) ********************************************************************************************** AGENDA TITLE: AC51- ) AGENDA#: YOUR EMAIL ADDRESS: PRINT NAME: cIchot �LL (jl PHONE#: SIGNATURE: V]� l MAILING ADDRESS: )) 2 0 L I 'l d l S Ip f . 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(Please Print Legibly) *********************************************************************************************** AGENDA TITLE: ✓-c'r- ( k►4 C AGENDA#: pLZ}P. YOUR EMAIL ADDRESS: Gv42 Y (s J cc . - 6.40 l4!L ' C O�` PRINT NAME: � fro_ p �I-I PHONE#:Z)9 tto 4.T 4-9( SIGNATURE: �^ MAILING ADDRESS: ' C7 . 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AGENDA TITLE: Roc, e1404,e 44,(' U5IIl AGENDA#: d YOUR EMAIL ADDRESS: v&4//I Q,9/e`>(Q- ya hoc ,c om PRINT NAME: ,-Da✓,et -2)>16c,"/ PHONE#:2,3Q-2 20-q( 8'5- SIGNATURE: 'SSIGNATURE: (' 42(..-74-°"- MAILING A2 '- MAILING ADDRESS: /4/a5- a'-'-/€C-' (City) 't-4"P//'5 (State) i=L (Zip Code) 34/G *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) "/2 m, /e. ****************************************************************************************MMM*** (check boxes which apply) 7(FOR ❑AGAINST ❑GENERAL INTEREST o APPLICANT'S REPRESENTATIVE X WISH TO SPEAK AT THIS PUBLIC HEARING Ar OptiOna( i-F toy 155t1eS arcs cPos-coA-oollsua5 0--e nc(cIr�se c(pri07 -('z, AGENDA TITLE: } t L �x M.' / AGENDA if: YOUR EMAIL ADDRESS: I A/1 L 1c�(3 I I -`- 'I- PRINT NAME: ...9)9k/)--' R. 3 PHONE#:F137'/I7'- 97 1 SIGNATURE: �' .2'Q4 ' MAILING ADDRESS: j I N7 f!1/«/ S (City) 1k'q-p 1 i' S (State) /-: (Zip Code)at L.tf i Imo_ *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (check boxes which apply) K FOR 0 AGAINST ❑GENERAL INTEREST (Please Print Legibly) *****************************************************'************#********************#******* 1 rtcr-/F.2ctc AGENDA TITLE: PJ l� AGENDA#: YOUR EMAIL ADDRESS: / :r1( 4) L07+?41!..5t 11r7 I' PHONE#: �3�-.Z3/'3/d1 PRINT NAME: �-t4/e 44. �`( �� SIGNATURE: ./ t �J MAILING ADDRESS: .2.;;-7/C T~�'e> ke-` (City) Net F (State)P Fl- (Zip Code) /APOZ *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) / *******************k*********************#******************#***************R***************** (check boxes which apply) o FOR )(AGAINST ❑GENERAL INTEREST g APPLICANT'S REPRESENTATIVE ❑I WISH TO SPEAK AT THIS PUBLIC HEARING CP\O8-COA-00115\145 (1 lc" ' 111111..cgm.J/ AGENDA TITLE: c , AGENDA#: r/�i .i rL'Jf-G;Cti YOUR EMAIL ADDRESS: ' i- /-t t 'r'J ' � ."/\ ? , ! d L� PHONE#: ' d ;) PRINT NAME: rrJ w - SIGNATURE: 7e :,a:e,at..� ; ! 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SIGNATURE: qR v MAILING ADDRESS: Z vt / /gyp,-3 �Ca a,► (City) /✓"4G F S (State) F,— (Zip Code) ./.0s- *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ***************#*********************************************#***********k******************** (check boxes which apply) ��//_� o FOR AINST o GENERAL INTEREST o APPLICANT'S REPRESENTATIVE ❑I WISH TO SPEAK AT THIS PUBLIC HEARING l•maw.........cg.o17/ ,/� AGENDA TITLE: e41-1-1.0%,- (1 D As Lt)-PL a01-5-e00 a3G AGENDA#: 3 A YOUR EMAIL ADDRESS: 6 L(3 t-Fc(E c❑o I. PRINT NAME: 0.Y- L. B PHONE#: 3 ct 2..6e9-77 SIGNATURE: C � ' '� MAILING ADDRESS: 3 113 Gt.5(v's 5+- (City) 1018-5 (State) — (Zip Code) 3 y I I Z *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) wu 1 P MEW THE OFFICE OF THE COLLIER COUNTY HEARING EXAMINER PUBLIC PARTICIPATION FORM (Please Print Legibly) lE AGENDA TITLE: � T11jAGENDA#: YOUR EMAIL ADDRESSS:: ///2fL{'�VL C6l'1249,40 PRINT NAME: P2 {?N/er„t"1. PHONE#:/%�q 77i `965 Q SIGNATURE: F/ ) MAILING ADDRESS: �Z'JJs" vlt pC7/'f..e3 (City) 11//T/° ,CJ (State) (Zip Code) J q/e)2 *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) / ********************************************************************************************** (check boxes which apply) o FOR AGAINST ❑GENERAL INTEREST ❑APPLICANT'S REPRESENTATIVE ❑I WISH TO SPEAK AT THIS PUBLIC HEARING CP\08-COA-00115\145 THE OFFICE OF THE COLLIER COUNTY HEARING EXAMINER PUBLIC PARTICIPATION FORM (Please Print Legibly) *******************p******?********* ******************************************************** AGENDA TITLE: (1C P -a C Q I If Cj AGENDA#: Q YOUR EMAIL ADDRESS: GQI Ili O// �ha"er2 (99��,l. (Oa) m PRINT NAME: ())II l/(��mut cf eller)) ()AlenPHONE#: 07.3 QSS U SIGNATURE:CV ea)))G MAILING ADDRESS: [( k_44 l QI 1( tel'1 cI / ' (City) 1\/Q j3G J (State) 1L (Zip Code) 1S91/ ' *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) 1 . oa/ ********************************************************************************************** (chec(boxes which apply) o FOR .AGAINST o GENERAL INTEREST ❑APPLICANT'S REPRESENTATIVE o I WISH TO SPEAK AT THIS PUBLIC HEARING CP\O8-COA-OOI 15\145 HUMP..PAK11L.1MAI IVN r'Vmm (Please Print Legibly) ********************************************************************************************** AGENDA TITLE: AGENDA#: YOUR EMAIL ADDRESS: PRINT NAME: �-� �`— PHONE#: 7v e`�s / SIGNATURE: /.Lr r X MAILING ADDRESS:..:'? .filo( &. (City) +G/" G (State)tt' (Zip Code) 3 4`/o *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) / ********************************************************************************************** (check boxes which apply) ❑ FOR AGAINST ❑GENERAL INTEREST ❑APPLICANT'S REPRESENTATIVE ❑I WISH TO SPEAK AT THIS PUBLIC HEARING CP108-COA-001 151145 THE OFFICE OF THE COLLIER COUNTY HEARING EXAMINER PUBLIC PARTICIPATION FORM (Please Print Legibly) *********************************************************************************************** AGENDA TITLE: ffi' .7—/<,/f C AGENDA#: YOUR EMAIL ADDRESS: T140 m1c1Y y6"' At'l r PRINT NAME:,/7,4-z r .4c,p PHONE#: SIGNATURE: MAILING ADDRESS: / S J ' 'D (City/.4771ati (State) ft (Zip Code) 3 f/4.2 *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (check boxes which apply) o FORCGAINST ❑GENERAL INTEREST ❑APPLICANT'S REPRESENTATIVE ❑I WISH TO SPEAK AT THIS PUBLIC HEARING THE OFFICE OF THE COLLIER COUNTY HEARING EXAMINER PUBLIC PARTICIPATION FORM (Please Print Legibly)) *******************/e r*************,************************************************************ AGENDA TITLE: /�9-(jEs ? C,1L p AGENDA#: YOUR EMAIL ADDRESS: \/11-k j-C.iZE LL OW M o`t Y ). (_ PRINT NAME: ft T T-�/c i P) PHONE# ?- 9 )7()1 SIGNATURE( �V1 Fg2-y� - -el-e4 C'_ )-1 MAILING ADDRESS:�7 / . ( / A l: PJ 1; L• . ) (City) (41.4)C Cows. (State) L (Zip Code)'—'�' �2 *PROXIMITY OF YOUR PROPERTY TO SUBJECT PROPERTY(in miles/blocks) ********************************************************************************************** (check boxes which apply) o FOR *AGAINST ENERAL INTEREST ❑ , APPLICANT'S REPRESENTATIVE ' I WISH TO SPEA AT THIS PUBLIC HEARING CP\08-COA-00115\145 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP A.1/4 DATE: September 28,2016 RE: Hearing Examiner Report No. 2016-01 On the enclosed flash drive is an electronic copy of the Hearing Examiner's report and associated exhibits from the hearing on June 23`d and 30th, 2016. No paper originals or copies will be provided. Please upload these documents into a new folder titled "2016 Reports & Recommendations" under the Hearing Examiner section of the BMR website, to be located as follows: BMR > Boards, Minutes and Records > Collier County Hearing Examiner (HEX) > 2016 Collier County Hearing Examiner > 2016 Reports & Recommendations It is very important that all exhibits be loaded as shown on the flash drive, in a separate subfolder of the above described folder. If there is any reason this cannot be accomplished, please let me know right away. Once all items are posted on the website please let me know, as we need to provide a web link to interested parties for viewing. I will arrange to collect the flash drive from you when finished. Thank you for your assistance. Attachment: electronic copy of Hearing Examiner Report No. 2016—01 and Exhibits [05-COA-01253/1290487/1]890 COLLIER COUNTY HEARING EXAMINER’S OFFICE RaceTrac at Palm and US 41 Analysis of Automobile Service Station Waiver & Right-of-Way Vacation Hearing Examiner Mark Strain 9/28/2016 Page 1 of 37 REPORT NO. 2016-01 HEARING EXAMINER FINDINGS AND ANALYSIS DATE OF HEARING: June 23 & 30, 2016. Introduction On 4-24-2016 the Board of County Commissioners (BCC) remanded applications for a RaceTrac Convenience Store and Fueling Facility to the Hearing Examiner’s office for analysis and findings. This report is in response to that request. In the evenings of June 23rd & 30th, 2016 the Hearing Examiner (HEX) held a public meeting to gather evidence and hear testimony. In addition the HEX reviewed extensive historical and other available documentation and studies to adequately analyze the RaceTrac application for an Automobile Service Station Waiver (ASW) and a companion right-of-way vacation request. This report is in two parts; Part 1 is the ASW analysis, findings and supplemental data and Part 2 is the analysis, findings and supplemental data for the vacation request. The use of the terms “automobile service station”, “facility with fuel pumps” and “service station” are used interchangeably. The attached analysis provides extensive details and exhibits to support the findings and conclusions in each part. Each finding within the body of the report includes a narrative explanation with reference to review and source information. PART 1 PETITION NO. ASW-PL20150002369 – RaceTrac Petroleum, Inc. requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida [Companion to Right-of-Way Vacation VAC- PL20150002788]. Summary of Findings: Automobile Station Waiver Page 2 of 37 After review, testimony at public meetings and analysis of the facts, the findings in support of the Automobile Service Station Waiver are as follows: • That the Hearing Examiner heard this matter pursuant to the Board of County Commissioners direction on April 26, 2016. • That the nature and type of man-made feature lying between the proposed facility and the existing facility with fuel pumps lessens the impact of the proposed facility with fuel pumps in relationship to the existing 7-11 facility to the northeast. The site plans for Plan A and Plan B are separated from the existing facility with fuel pumps by US 41, which is a 6-lane divided arterial road right-of-way at this location. • That the proposed fueling facility is not engaged in the servicing of automobiles. • That the proposed facility fronts on and can be accessed from a six (6) lane divided arterial roadway and two platted county maintained roadways. • That the access proposed for US 41 does not have an adverse impact on the residential area. • That the use is consistent with the Growth Management Plan. • That the project and uses will not adversely affect environmentally sensitive areas and natural resources. After review, testimony at the public meetings and analysis of facts, the findings not in support the Automobile Service Station Waiver are as follows: • That there is no natural or man-made feature lying between the proposed facility and the residential property to the south or the residential property to the west. • That the proposed facility would sell food, gasoline and other convenience items on a twenty-four (24) hour basis creating adverse impacts to residential properties without additional conditions. • That the access proposed for US 41 does not have an adverse impact on the residential area and that the access for the proposed facility from Frederick Street and Palm Street, which are two (2) lane platted road rights-of-way to the west and east bordering the RaceTrac properties, will have an adverse impact on the residential area. • That the required market study did not validate the need for this facility at this location. • That the facility proposed was not contemplated by the original zoning. Page 3 of 37 • That the granting of this distance waiver will have multiple adverse impacts on adjacent residential land uses without additional conditions. Additional conditions could be applied to either site plan to reduce impacts to the abutting and adjacent neighborhoods. These conditions should include the following: a. Reduce the number of fueling positions to a maximum of twelve (12). b. Require intersection improvements to Palm Street at US 41 to include dual left turn lanes, a dedicated through lane and a dedicated right lane c. Include mitigation standards required by Ordinance 2015-46 for facilities with fuel pumps within 250 feet of residential property. d. Enhance the wall requirement of Ordinance 2015-46 with a twelve (12) foot masonry wall with same architectural features of the primary building, on a minimum three (3) foot berm. Landscaping on both sides of the wall as required by Ordinance 2015-46 with tree height of fourteen (14) feet at planting as measured from the base of the wall. e. No vehicular traffic allowed behind the building adjacent to residential. f. The dumpster and loading area will be no closer to the southern property line than the building. g. Building setback to residential a minimum of 107 feet and parking setback a minimum of forty (40) feet. h. No customer entrances on the south side of the building. i. Light fixtures will meet the International Dark-Sky Association’s standard for outdoor lighting and include parking lot lighting to be no higher than fifteen (15) feet. j. Outdoor amplified sound is limited to the pump area unless required for safety reasons. The non-safety amplified sound volume to be only audible at the fueling position and only utilized from 7 AM to 7 PM. k. Access to Frederick Street is prohibited. l. Provide thirty (30) foot additional right-of-way along eastern property boundary with Palm Street. The recommended conditions are intended to reduce adverse impacts anticipated from the proposed development. Page 4 of 37 PART 2 PETITION NO. VAC-PL20150002788 – RaceTrac Petroleum, Inc. requests the vacation of the County and the public interest in an unimproved 30-foot wide public right-of-way described as “Avenue B” and a portion of an unimproved 30-foot wide public right-of-way described as “First Street,” according to the Col-Lee-Co Terrace subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of Collier County. The subject property is located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida [Companion to Automobile Service Station Distance Waiver ASW- PL20150002369]. Summary of Findings: Vacation of Rights-of-Way After careful review of the gathered data, testimony at the public meetings and analysis of all facts, in summary the findings in support of the vacation request are as follows: • That the Hearing Examiner heard this matter pursuant to the Board of County Commissioners direction on April 26, 2016. • That letters of no objection have been received from pertinent utility companies and agencies. • That there is adequate public benefit to be received from the proposed vacation as conditioned. A condition should be applied to both site plans to improve the public benefit from the requested vacations. The condition should include the following: a. Provide thirty (30) foot additional right-of-way along eastern property boundary with Palm Street. Page 5 of 37 TABLE OF CONTENTS Item Page Introduction/Summary 1 Part 1 WAIVER Background 6 Submittal History 7 Findings 13 History –Land Development Code 27 Part 2 VACATION Background 31 Submittal History 32 Findings 33 Public Meeting 35 Exhibit List 36 Additional Exhibits 37 Page 6 of 37 HEARING EXAMINER FINDINGS & ANALYSIS PART 1 - Automobile Service Station Waiver (ASW) PETITION NO. ASW-PL20150002369 – RaceTrac Petroleum, Inc. requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida [Companion to Right-of-Way Vacation VAC- PL20150002788]. BACKGROUND This request is for a distance waiver required by section 5.05.05 of the Land Development Code (LDC) specifically for Automobile Service Stations. In 1998 the Board of County Commissioners (BCC) imposed a radial distance threshold for automobile service stations (also referred to as: service stations or facilities with fuel pumps) when development of an additional service station is proposed within 500 feet of an existing station. The purpose of this waiver is to ensure that automobile service stations do not adversely impact nearby land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with such facilities, particularly those open twenty-four (24) hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety, and the general welfare of the public, special regulations apply to the location, layout, operation, landscaping, parking, and permitted sales and service activities of facilities with fuel pumps. The BZA (Board of Zoning Appeals), by resolution, may grant a waiver of part or all of the minimum separation requirements if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man-made boundaries, features, structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors (LDC section 5.05.05.B.2.a.i): i. Whether the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed facility with fuel pumps. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, non-developable wetlands, designated preserve areas, canals, and a minimum of a 4-lane arterial or collector right-of-way. ii. Whether the facility with fuel pumps is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the facility with fuel pumps sells food, gasoline, and other convenience items during daytime, nighttime, or on a 24 hour basis. Page 7 of 37 iii. Whether the facility with fuel pumps is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. iv. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. The waiver shall be based on the following submittal requirements being met (LDC section 5.05.05.B.2.b): The Administrative Code shall establish the submittal requirements for a facility with fuel pumps waiver request. The request for a facility with fuel pumps waiver shall be based on the submittal of the required application, a site plan, and a written market study analysis which justifies a need for the additional facility with fuel pumps in the desired location. The waiver may include additional conditions or requirements by the BZA (LDC section 5.05.05.B.2.c): Additional conditions. The BZA shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the facility with fuel pumps with the surrounding area and the goals and objectives of the GMP. An ASW application has been provided for BZA review in the form of two proposed site plan alternatives: site plan A and site plan B. Both site plans request a convenience store with eight (8) fuel islands to accommodate sixteen (16) fueling positions. Site plan A would allow further commercial development within the adjoining properties owned by the applicant and site plan B would limit the property development to the convenience store and fueling positions and in lieu of additional commercial out parcels, a neighborhood park area is proposed. SUBMITTAL HISTORY The applicant for this waiver is RaceTrac Petroleum Inc. RaceTrac’s first submittal (PL20140000378) involving this property was a site development plan (SDP) on February 18th, 2014. This plan proposed a twenty-four (24) pump fuel facility and a 5,928 convenience store. This submittal pre-dated the changes to the LDC that occurred in 2015 and as a result this ASW application is reviewed by applying the language of the LDC at the time of first submittal. The SDP located the building and fuel pumps in the more eastern portion of the site. A 7-11 convenience store with fuel pumps exists across US 41 from this location. The RaceTrac property is approximately 135.7 feet from the 7-11 and within the 500 foot radial measurement requiring an automobile service station waiver (ASW). RaceTrac submitted an initial ASW application (PL20140000797) that was initially processed, modified and eventually withdrawn. RaceTrac submitted a second ASW application on October 21, 2015 (PL20150002369). Page 8 of 37 Efforts by RaceTrac to permit their facility began in late 2014 by submission of a Site Development Plan (SDP). The SDP application has been modified numerous times from an initial twenty-four (24) fueling position facility to twelve (12) fueling positions and currently to sixteen (16) fueling positions, all submittals included a convenience store component. Automobile service station waivers are heard by the County Hearing Examiner (HEX) pursuant to Ordinance 2013-25 unless the HEX disqualifies himself from a particular case when he reasonably perceives that he has a real or perceived conflict of interest, or that the case is one of great public interest or concern. When the HEX disqualifies himself, the matter shall be heard by the Collier County Planning Commission, the Board of County Commissioners or the Board of Zoning Appeals, as the case may be, following the established procedures set forth in the Collier County Land Development Code as if there were no HEX. In April of 2014, a resident of the adjoining neighborhood contacted the HEX to discuss the application and requested to meet on-site. The meeting was held on April 11th, 2014 at Mills Lane with the HEX, staff planner Fred Reischl and many neighbors. As a result of heightened public concern expressed during this meeting, the application process was deferred to the Board of Zoning Appeals. A neighborhood meeting was held voluntarily by the applicant with the public at 3:30 PM on May 21st, 2014 within the Growth Management Division building at 2800 North Horseshoe Drive. The applicant introduced a revised concept plan at this meeting for a twelve (12) pump facility and convenience store, reduced lighting intensities, modified canopy heights, and located the development more central on the property. This meeting was well attended by the public, some members of the public rejected this revised concept. A resubmittal was made to county staff for a twelve (12) pump facility on October 17, 2014. Twelve (12) pump plan (See Exhibit FFF): The first ASW submittal (PL20140000797) was never completed and withdrawn by the applicant on December 8th, 2014. Page 9 of 37 On July 15th, 2015 the applicant submitted revised SDP plans for a sixteen (16) pump fuel facility with a convenience store. This plan is similar to the current “Plan A”, which places the fuel facility further west abutting Frederick Street and creating two out parcels, one to the east along Palm Street and one to the south adjacent to residential properties. On December 10th, 2015 two site plans were submitted as part of a new ASW application. Both site plans, referred to as Plan A and Plan B, are within the 500 foot radial distance requiring the need for a waiver. PLAN A (see Exhibit A): Plan A would allow the property to develop with C-4-GTMUD-MXD commercial uses on potentially three (3) separate parcels. This zoning district is inclusive of the Bayshore-Gateway Mixed Use District overlay. Parcel uses are restricted to the extent that each must meet the minimum development standards of this district. Plan A is not reliant upon a request to vacate the platted street and avenue within the site (see Part II of this report). The first SDP on this project was submitted prior to recent changes in the LDC for the automobile service station section of the LDC and the applicant is permitted to proceed with their site planning under that prior LDC section. According to the applicant, the intent of plan A is to meet the language of the LDC at the time of the first SDP submittal for this property. The general parameters of plan A are as follows: Page 10 of 37 1. Provides eight (8) fuel islands with sixteen (16) fueling positions and a 5,928 square foot convenience store. 2. The convenience store and fuel islands are located in the northwest area of the site. Dimensions provided do not include distances from all project property lines, based on scaling Plan A the convenience store is approximately 200 feet from the southern property line and fifty (50) feet from Frederick Street. In similar scale, the fuel pumps are approximately 300 feet from the southern property line and eighty (80) feet from Frederick Street. 3. The convenience store is positioned between the pumps and the residential property. 4. Additional commercial parcels are proposed that would likely provide additional uses closer to the residential property. 5. The applicant has proposed recessed LED lighting to meet the International Dark Sky Associations criteria for outdoor lighting. Light fixtures will not exceed twenty (20) feet above grade with luminance at residential property lines not exceeding .5 foot-candles and .2 foot candles beyond. 6. Outside speakers and music will be limited to 7 AM to 7 PM, only audible at the fueling position except for required safety communication. 7. Fuel canopy height to be a maximum sixteen (16) feet clear. 8. Buffering to meet standards of LDC Section 5.05.05.D. Side boundaries (non-right-of- way sides) shall be planted with single row hedges consistent with LDC Section 4.06.00; rear boundaries shall be planted with a single row hedge with a minimum of four (4) feet height at planting, planted three (3) feet on center, and maintained at five (5) feet. On this plan the fuel pumps are separated from the southern residential properties by another commercial parcel. Based on the earlier LDC that this ASW is subject to, a six (6) to eight (8) foot wall would be required between the commercial parcels closest to the residential property. 9. Operations would be twenty-four (24) hours, seven (7) days a week. Page 11 of 37 PLAN B (see Exhibit B): Plan B would allow the property to develop with C-4-GTMUD-MXD commercial uses but potentially limited to only the fuel pumps and a convenience store. This zoning district is inclusive of the Bayshore-Gateway Mixed Use District overlay. Parcel uses are restricted to the extent each must meet the minimum development standards of this district. Plan B is reliant upon a request to vacate the platted street and avenue within the site (see Part II of this report). Plan B proposes eight (8) fuel islands with sixteen (16) fueling position and a convenience store, access to Palm Street and US 41, buffer standards improved over site plan A, a park site along Frederick Street and no further commercial development of the site is proposed. The general parameters of plan B are as follows: 1. Provide eight (8) fuel islands with sixteen (16) fueling positions and a 5,488 square foot convenience store. 2. The convenience store and fuel islands are located in the central area of the site close to US 41. Dimensions provided do not include distances from all project property lines, based on scaling Plan B the convenience store is approximately 185 feet from Frederick Street and 107 feet the southern residential property line. In similar scale, the fuel pumps are approximately 210 from Frederick Street and 170 feet the southern residential property line. 3. No vehicular traffic is proposed behind the building adjacent to residential. 4. Dumpster and loading area are on the west side of the convenience store. Page 12 of 37 5. No customer entrances are to be located on the south side of building 6. The convenience store is positioned between the pumps and the residential property. 7. The applicant has proposed recessed LED lighting to meet the International Dark Sky Associations criteria for outdoor lighting. Light fixtures will not exceed twenty (20) feet above grade with lumination at residential property lines not exceeding .5 foot- candles and .2 foot candles beyond. 8. Outside speakers and music are limited to 7 AM to 7 PM, only audible at the fueling position (excepting required safety communication). 9. Fuel canopy height to be a maximum sixteen (16) feet clear. 10. Buffering adjacent to residential is greater than required by the LDC at the time of this application, but the buffer is not consistent with most recent code changes. Plan B proposes a thirty (30) foot wide buffer, a ten (10) foot high architectural masonry wall placed fourteen and one-half (14.5) feet off the property line, at the top of a perimeter berm three (3) feet high. A five (5) foot high single hedge row will be planted on the residential side of the wall with trees planted twenty-five (25) feet on center. Trees will be twelve (12) feet high at time of planting. On the facility side of the wall trees will be twelve (12) feet high and spaced every thirty (30) feet. 11. Operations will be twenty-four (24) hours, seven (7) days a week. 12. The applicant has stated that the development option for the remaining parcel area is up for consideration and discussion if plan B is approved. Page 13 of 37 FINDINGS Based upon analysis, testimony and exhibits presented in connection with this matter, the undersigned Hearing Examiner makes the following findings: A. That the Hearing Examiner heard this matter pursuant to the Board of County Commissioners direction on April 26, 2016. a. See Exhibit C: BCC minutes dated 4-26-2016 Motion made by Commissioner Nance, seconded by Commissioner Hiller to provide analysis and deliver the facts to the Board for consideration. Motion approved unanimously. B. That the nature and type of man-made feature lying between the proposed facility and the existing facility with fuel pumps lessens the impact of the proposed facility with fuel pumps in relationship to the existing 7-11 facility to the northeast. The site plans for Plan A and Plan B are separated from the existing facility with fuel pumps by US 41, which is a six (6) lane divided arterial road right-of-way at this location. a. See Exhibit D: US 41 right-of-way plans b. See Exhibit E: Traffic Impact Statement US 41 is a six (6) lane divided arterial roadway under the jurisdiction of the Florida Department of Transportation at a width of 120 feet. This is a man-made feature lying between the existing 7-11 convenience store with twelve (12) fueling positions at 2135 Tamiami Trail East and the proposed RaceTrac facility diagonally southwest across US 41 at 2096 Tamiami Trail East. The existing 7-11 facility is positioned to capture traffic moving northwest towards the City of Naples via right turns and through connections at Commercial Drive which intersects US 41 and Palm Street at this location. Vehicles traveling in the opposite direction on the southeast bound lanes would be required to make a left turn at US 41 and Commercial Drive or enter by crossing US 41 via Palm Street to access this 7- 11. The placement of a second fuel facility on the opposite side of this six (6) lane arterial road could reduce left turn movements from southeast bound vehicles and thru movements from Palm Street. C. That there is no natural or man-made feature lying between the proposed facility and the residential property to the south or the residential property to the west. a. See Exhibit F: Aerial photograph b. See Exhibit G: Plat Book 1 Page 32 c. See Exhibit H: Plat Book 2 Page 82 The plat for the proposed RaceTrac property was subdivided in 1925 and named Col-Lee-Co Terrace. Lots were platted to be interconnected with streets and avenues or provided frontage along the Tamiami Trail (now known as US 41). Platted Avenue A has become Frederick Street, platted Avenue B and First Street have not been developed and are being requested for vacation by RaceTrac (see report Part II). Page 14 of 37 The adjoining plat to the south of Col-Lee-Co was subdivided in 1946 and named Inomah. This plat created a twenty (20) foot alley to the south between the Col- Lee-Co Terrace plat and the subdivision of Inomah. The alley is not developed. Frederick Street is developed as a county maintained two (2) lane undivided roadway providing access to US 41 from the residential neighborhood to the south. Neither the developed Frederick Street nor the undeveloped alley provide a sufficient boundary to lessen the impacts between the proposed RaceTrac development and the residential neighborhoods to the south or west. D. That the proposed fueling facility is not engaged in the servicing of automobiles. a. See Exhibit I: Applicant’s narrative The applicant’s narrative was submitted as part of the ASW review and included in the staff back up information supplied to the BCC and HEX. Page three (3) of the narrative states that “…RaceTrac does not offer automobile services such as repairs, oil changes, etc.” E. That the proposed facility would sell food, gasoline and other convenience items on a twenty-four (24) hour basis. a. See Exhibit G: Applicant’s Narrative The applicant’s narrative was submitted to staff as part of the ASW review and included in the staff back up information supplied to the BCC and HEX. Page three (3) of the narrative described the services offered by RaceTrac to include gasoline sales, coffee bar, frozen yogurt, prepared hot food options, indoor and outdoor dining areas, free Wi-Fi and electronic device charging outlets. Their stated operation will be on a twenty-four (24) hour basis. F. That the proposed facility fronts on and can be accessed from a six (6) lane divided arterial roadway and two platted county maintained roadways. a. See Exhibit D US 41 Right-of-Way b. See Exhibit E Traffic Impact Statement The site fronts on US 41 with approximately 577 lineal feet of frontage. US 41 is a six (6) lane divided arterial roadway with a posted speed limit of 45 miles per hour (mph) and is under the jurisdiction of the Florida Department of Transportation. Sections of US 41 appear to be platted and other sections are not clearly indicated. To the West the site has approximately 444 lineal feet of frontage along Frederick Street, which is a platted two (2) lane undivided local roadway. Frederick is county maintained with a posted speed of 25 mph. On the East there is approximately 203 lineal feet of frontage along Palm Street. Palm Street is a platted two (2) land undivided local roadway with a speed limit of 30 mph and county maintained. G. That the access proposed for US 41 does not have an adverse impact on the residential area and that the access for the proposed facility from Frederick Street and Palm Street, which are two (2) lane platted road rights-of-way to the west and east, will have an adverse impact on the residential area. a. See Exhibit D US 41 Right-of-Way b. See Exhibit E Traffic Impact Statement Page 15 of 37 c. See Exhibit J TIS response letter d. See Exhibit K Insufficiency letter e. See Exhibit L Market Study f. See Exhibit M Palm Street Improvements g. See Exhibit N TIS Memorandum Both proposed site plans provide for direct access to US 41 by right turn in and right turn out. Plan A includes access to Frederick Street and to Palm Street. Plan B initially provided access to Frederick Street; in a subsequent submittal the applicant provided a revision providing access to Frederick Street only via a proposed park and no longer from the fueling facility. The US 41 and Palm Street access remains part of Plan B. Plan A would increase traffic by the creation of uses on out-parcels 1 & 2. Plan B impacts are limited to the RaceTrac facility. Frederick Street and Palm Street are two (2) lane undivided roadways connected to US 41 and maintained by Collier County. Commercial Drive is a two (2) lane undivided roadway that extends north of US 41 across from Palm Street. US 41, Commercial Drive and Palm Street form a signalized intersection. Configuration of the US 41 access, including turn lanes, would accommodate the forecasted traffic volume according to the traffic impact statement (TIS) for plan A, including potential square footage for out-parcels. Since Plan B contains no out-parcels the traffic generated by RaceTrac would be less than plan A and expected to also meet the standards for the US 41 access. Plan B was not considered in the TIS. Frederick Street does not have a full opening access onto US 41. There is a left turn from US 41 onto Frederick Street for northwest bound traffic on US 41. Both RaceTrac plans reflect a full turning movement onto Fredericks Street from the RaceTrac site. Consideration should be given to limiting turning movements for Plan A onto Frederick Street to left in, right in and right out or prohibiting access to Frederick Street altogether. This would reduce the potential impacts for traffic heading south into the residential community and possibly increase impacts on Palm Street. Both site plans rely on an access to Palm Street. Palm Street has a full signalized median opening onto US 41. Current configuration for Palm Street provides a single right lane from US 41 onto Palm, a single left turn lane out of Palm onto US 41 and a single through/right turn lane to Commercial Drive to the north or US 41 to the southeast. US 41 provides a single left turn lane onto Palm for northwest bound traffic. RaceTrac’s plan provides a full access opening onto Palm Street from their site. Improvements to be provided by RaceTrac at Palm Street include a southbound lane from US 41 onto Palm and a southbound right turn lane onto their site from Palm Street. On the east side of Palm Street, the through/right turn lane is being extended with additional taper to the south for added vehicle stacking. No other turn lane improvements are being proposed for Palm Street. The left turn lane from US 41 from northwest bound traffic onto Palm Street will be extended by approximately 40 feet and the left turn further to the east will be shortened in the same amount. According to the applicant, beyond the noted road improvements, no additional turn lane or intersection improvements are required as a result of plan A. Page 16 of 37 EXISTING INTERSECTION AERIAL: The TIS addresses peak traffic conditions based on the proposed improvements. The peak volumes would create a backup of vehicles attempting to exit onto Palm Street from the site to enter the left turn lane at Palm Street in order to make a left turn onto US 41. The length of the left turn lane available on Palm Street after proposed improvements would not accommodate all of the vehicles waiting to make this turn during peak hour at a normal traffic signal cycle, assuming no other traffic from the adjoining neighborhoods. That would require on-site stacking until the left turn lane on Palm Street clears and more vehicles are eventually able to enter that lane. In addition, the right turn lane from Palm Street onto US 41 is a combined through/right turn movement, which will cause a vehicle making a through movement over to Commercial Drive to delay right movements until the light cycles. The TIS is based on the Institute of Traffic Engineers (ITE) manual. Use code 853 (Convenience Market with Gasoline Pumps) was utilized to estimate the trip generation potential for the site in addition to the outparcel retail components. The manual is intended for use in estimating the number of trips that may be generated by a specific land use. The trip generation rates are weighted averages from studies conducted throughout the United States and Canada. Users of this manual are encouraged to supplement data in the manual with local data collected at similar sites. Data for the manual is submitted on a voluntary basis and ITE conducts no original field surveys. The TIS as submitted relies upon the ITE manual trip generation. RaceTrac’s market study acknowledges that their convenience stores outperform the National Association of Convenience Stores (NACS) fuel gallons sold by 1.5 to 2 times. The market study also noted that on a national average, the fuel gallons sold per retail outlets in general for the Southeast Region of the U.S., which includes Florida, is 3.26% higher than elsewhere. RaceTrac’s calculations included the higher averages and performance standards. The fact that RaceTrac provides multiple services may account for some of their increased performance, including offering more than 4,000 retail and Page 17 of 37 grocery items, premium food offerings, beverage offerings, indoor and outdoor seating, a coffee bar, frozen yogurt and free Wi-Fi. At the public meeting, the applicant was asked whether the higher performance of their operation creates greater traffic impacts than those estimated by the ITE manual. The applicant responded by reviewing two existing RaceTrac operations and analyzing their performance against the TIS traffic generation and concluded that the actual number of vehicles experienced at the two sample stores was a lower rate than that calculated based on the ITE trip generation data. Yet their market study provides repeated references to higher performance at their facilities. This was acknowledged by RaceTrac’s marketing representative, Mr Galland, when questioned at the recent June 30th, 2016 meeting responded: “…As you noted, we -- I guess for the purposes of this market study, generally speaking our stores outperform the NACS weekly average by one-and-a-half to two times on an annual basis, so for the purposes of, yet again, being conservative, I took the approach of let's assume that this store is fantastic, it pumps two-and-a-half times the industry average, again, we come up with a figure of four-and-a-half million gallons expected out of this particular location…” Traffic projections as calculated in TIS using ITE standards, create a condition at Palm Street and US 41 that would unfavorably impact the access to US 41 by the surrounding neighborhood using Palm Street. The short left turn lane at Palm Street limits vehicle stacking within the right-of-way and will require stacking on-site at peak times. This backup scenario will exasperate problems at this intersection. If this application is to be approved, intersection improvements should include improvements at the Palm Street approach onto US 41 by widening Palm Street along the applicant’s eastern property line. This should include dual left lanes, a dedicated through lane, a dedicated right lane, and a reconfiguration of the alignment geometry from Palm Street to Commercial Drive to lessen he impacts to the surrounding neighborhoods. . H. That the required market study did not validate the need for this facility at this location. a. See Exhibit L Market Study b. See Exhibit O 2015 NACS Fuels Report c. See Exhibit P 2013 NACS Fuels Report d. See Exhibit Q Map of alternate market areas e. See Exhibit R FDEP Fuel Facilities f. See Exhibit S 2012 NACS Fuels Report g. See Exhibit HH 2014 Market Study The submitted market study was produced by RaceTrac’s Market Analysis Team (RaceTrac Team) to show that the market area proposed is underserved in both total fuel and convenience options and the quality of existing facilities in the market area. For the purpose of this ASW, only issues relevant to justifying the need for fuel pumps at this location will be considered. During the second evening of the public meeting on June 30th , 2016 supplemental information was provided and included in this review. The following are concerns with the Market Study as provided: Page 18 of 37 1. A linear market area was used which limited the supply area. The RaceTrac Team provided their supply analysis for an area within a five (5) minute drive time from the proposed site. The RaceTrac Team did not note if this distance was radial measurement or linear in the market study, however at the public meeting the applicant indicated they used a linear area along US 41 that corresponded to a five (5) minute drive time. This drive time was applied to a total travel distance along US 41 of 4.2 miles (approximately 2.2 miles in one direction and 2.0 in the other direction). Within that area are six (6) other convenience stores with fuel dispensers. According to testimony, RaceTrac chose this as their ideal market area. They also acknowledged that a radial area could be taken into consideration but considered their primary trade area is along US 41. RaceTrac provided the following table of additional fueling facilitates within their linear market area: The market area selected by RaceTrac has an impact on the supply and demand calculations. If the market area was measured based on 2.2 mile radial distance, a 2.2 mile road travel distance or a non-linear 5 minute drive time distance, the supply changes. Using a 2.2 mile radial measurement, which is the distance RaceTrac noted is within a 5- minute drive time, there are twelve (12) retail fueling facilities; using a 2.2 mile road travel distance there are a total of nine (9) retail fueling facilities; and using a five (5) minute drive time from the subject property there are eight (8) fuel facilities. It is assumed that bulk fuel facilities do not sell retail fuels and therefore are not included. The following map provides the three (3) possible market area results: the red circle is the 2.2 mile radial measurement, the orange lines with the “2.2 road” notation are the distances by 2.2 mile road travel; and the green lines “5 Min Drive” are the distances from the proposed site by a five (5) minute drive time. All distances were measured based on available internet mapping and measurement tools. Page 19 of 37 The RaceTrac Team’s report included a table listing thirty-two (32) multi-product dispensers (MPD’s) at the six (6) locations within their selected market area of US 41. Typically each dispenser provides two (2) fueling positions. Reviewing the market area based on a 2.2 mile radial measurement for distance, a 2.2 mile road travel distance, or a five-minute drive time analysis, the number of fuel pumps increase in each scenario. A previous 2014 market study supplied by RaceTrac used a three (3) mile radius to determine the total population and employees as part of the justification for this facility. The fuel providers found by the RaceTrac Team in this earlier study remained the same as reported in the most recent study. However, the demographics used in the 2014 market study are different than the demographics used in the most recent study possibly because in 2014 the demographics were stated to include a radius of up to three (3) miles. In the most recent study the demographics the RaceTrac Team stated they used a “five- minute drive time from the subject property”. It is not unreasonable to assume that drivers outside US 41 would utilize the RaceTrac site for fuel, nor is it unreasonable to assume they might use other fueling facilities within the nearby surrounding area. These additional fueling locations would add to the available supply and should be considered in a broader market approach. A broader market approach would also change the demand figures. Page 20 of 37 2. The demographic data is unsubstantiated. The RaceTrac Team produced the following demographics table in their market study, which they noted as: “These demographics, which represent a five-minute drive time from the subject property, align with those RaceTrac deems ideal for a successful location”: The market analysis did not provide source information for this data nor the distance outside the drive corridor these statistic refer to. It is unclear how the demographic data equates to the fuel demand calculations. RaceTrac produced the following supply table: Page 21 of 37 RaceTrac supplied the following Demand Table (note that “Market Demand” should be “Market Supply” in second table): FDOT’s 2015 traffic count of 35,500 vehicles annually was used to provide traffic volumes along US 41 nearest to the RaceTrac site and relies on the FDOT traffic counts along US 41 as the bases for determining fuel consumption. There does not appear to be figures or multipliers used in this demand calculation that correspond to figures in the demographic table. Similar to the supply side of the market approach, a broader study area would change demand values. 3. The average gallons of fuel needed per week per driver could not be validated. The RaceTrac Team believes there are six (6) fueling facilities with thirty-two (32) fuel dispensers within their selected market area along US 41. Data from the National Association of Convenience Stores (NACS) was used to provide statistical information to calculate and justify the need for their site. Source documents were not provided, however NACS has a website that provides a large amount of information. RaceTrac originally provided demand based on a convenience store count, but during the public meetings supplemented that information with demand values based on both the number of convenience stores, the number of dispensers and an average of both stores and dispensers. Utilizing the traffic counts and fuel consumption provided by the supply and demand tables, the annual fuel demand was computed as 19,272,240 gallons per year. To calculate supply, the RaceTrac Team used the higher dispensing value (125% of 35,053) Page 22 of 37 for six outlets (assume those provided in study) and computed a supply value of 13,670,793 gallons per year. When applied to the same number of convenience stores, but using the number of dispensers that would be present at those stores, the supply value increases to 15,404,861 gallons per year. Using these demand and supply calculations, an annual deficit is shown for both calculation methods. The RaceTrac Team believes their facilities outperform (provide a greater volume for supply) the NACS fuel gallon average by 1.5 to 2 times, and to be conservative, the RaceTrac Team used 2.5 times the NACS average to calculate their contribution to offset their calculated fuel supply deficit. With RaceTrac’s entry into this market area, by calculations based on convenience stores, there is still a deficit of 1,044,516 gallons; if deficit is calculated by dispensers, there is an excess supply (surplus) of 689,552 gallons; if supply is calculated averaging these two methods the supply deficit is 177,482 gallons. All methods of supply calculations depend on value of gallons used by drivers. The value from a 2012 NACS report supplied by the RaceTrac Team stated that 10.44 gallons of fuel per week are consumed by the average driver. More recent data is available from NACS but does not appear in the RaceTrac Team’s analysis. Data was not provided to show how the 10.44 gallons per week related to the vehicle characteristics for this site. For example, since this is not an interchange activity center, the expected heavy-duty vehicles that may be used for averages would not be as relevant to this location. It is unclear how vehicle characteristics factored into the gallons per week average used by the RaceTrac Team. The 2012 NACS article stated as follows: “Based on the latest available vehicle data and demand numbers, the American drivers use 1.49 gallons of gasoline per day, which averages out to 10.44 gallons per week or 544.6 gallons per year per vehicle. (Source: U.S. Energy Information Administration)” Other data available in more recent NACS fuels reports, state that the average American household consumes 384 gallons of gasoline per vehicle per year (2015 NACS Fuels Report). This is equivalent to approximately 7.4 gallons per week. This is not consistent with the average of 10.44 gallons of fuel per week used by the RaceTrac Team (2012 NACS Fuels Report). In the 2013 NACS report, average gallons consumed per year was 453 gallons, which computes to approximately 8.7 gallons per week. Based on data available, there appears to be more recent studies available for the average weekly volume of gas that could have been used for this market study. The table below demonstrates the impact on demand when changes are made to the average gallons consumed: Traffic Count Average gallons per week Total Demand per year 35,500 2012 NACS 10.44 19,272,240 35,500 2013 NACS 8.7 16,060,200 35,500 2015 NACS 7.4 13,660,400 Basing a computation for fuel dispensing on a facility (outlet) basis may not be a sufficiently accurate multiplier for this analysis. The various convenience stores RaceTrac noted have different quantities of fuel islands, thus different dispensing Page 23 of 37 opportunities. With fuel supply calculated by dispensers, the deficit is impacted as shown in the table below. For the dispenser volumes, RaceTrac used an average number of dispensers for their market area, which may not be as accurate as an actual count of dispensers. The “RaceTrac supply” in the above table is by gallons per week per store and not by the number of dispensers. If the actual number of dispensers at the proposed RaceTrac was used, the RaceTrac supply would be higher thus changing the remaining deficit values. Based on the above, the market study as supplied does not provide enough information to confirm the need for sixteen more fueling positions in the area chosen by RaceTrac. I. That the facility proposed was not contemplated by the original zoning. a. See Exhibit T 1969 thru 2006 zoning maps b. See Exhibit U Early zoning codes c. See Exhibit G Plat Book 1 Page 32 d. See Exhibit V Gas Station size by year e. See Exhibit W Zoning Reevaluation Ord 92-43 f. See Exhibit X 2016 Zoning Map g. See Exhibit Y Compatibility Exception staff report h. See Exhibit BB ASW LDC amendment i. See Exhibit EE LDC 2.03.03 Commercial Zoning j. See Exhibit GG BCC minutes 6-10-1998 k. See Exhibit II CCPC minutes 5-13-1998 l. See Exhibit YY Gateway MXD Stds m. See Exhibit ZZ Gateway Uses RaceTrac’s properties were created by plat in 1925. The plat created a forty-five (45) lot subdivision with the largest lot approximately 8400 square feet; fifteen (15) lots had frontage on the Tamiami Trail. Zoning regulations first began in the 1950’s and the earliest maps available indicate that this property was zoned for a use that allowed an automobile service station from 1968. In 1968 the zoning for this property was Commercial C-2, in the late 70’s to early 80’s the zoning was changed to GRC and in 1982, the zoning became Commercial C-4. The C-4 designation remains to this day with additional refinement representing the Bayshore-Gateway Overlay in 2005. The property is now designated as C-4-GTMUD-MXD. The Bayshore- Gateway Overlay continued to recognize the ability for this property to retain the service station use subject to the LDC ASW section 5.05.05. Zoning designations from 1968 to present that have been found with their accompanying maps indicate the various zoning districts that allowed automobile service stations at this location. The earliest referenced zoning regulations appear in 1951 and while service stations were allowed in some of those early zoning districts, corresponding zoning maps have not been Supply Calculation Supply Demand Supply Deficit RaceTrac supply Remaining Deficit Per Convenience Store 13,670,793 19,272,240 5,601,447 4,556,931 1,044,516 Per fuel Dispenser 15,404,861 19,272,240 3,867,379 4,556,931 (689,552) [surplus] Average of both 14,537,827 19,272,240 4,734,413 4,556,931 177,482 Page 24 of 37 located prior to 1968. Minimum lot size for a service station in 1951 was 5000 square feet. In the 1968 code, no minimum lot size was required for service stations; in 1974 the minimum lot size was established in a special section of the code specifically for service stations, that lot size was 18,000 square feet; in 1982 the C-4 district was applied to this property and even though the minimum C-4 lot was 10,000 square feet, the minimum service station lot remained at 18,000 square feet until the 1990’s when a 30,000 square foot threshold was established. According to the tax assessor records, in reviewing six (6) existing RaceTrac sites in Collier County, the smallest is approximately 1.54 acres (67,082 square feet). In 1992 during the County’s zoning re-evaluation efforts, fifteen (15) of the platted lots involved in this RaceTrac site were required to combine for purposes of access to US 41. This re-evaluation program was applied over a variety of concerns, including concerns over strip or isolated zoning and the amount of commercial zoning versus future needs. On the following zoning map, the red diamonds designated with “1” are those required by the re-evaluation ordinance to be planned for development under one SDP for lots 20-30 and a SDP for lots 31-34, with any access to U.S. 41 for either SDP subject to approval by County Transportation and the FDOT. These conditions were imposed through an approval of a compatibility exception to the Growth Management Plan. The platted lots individually would not be able to support a service station without combining, such as proposed by the ASW application. Based on the FDEP’s inventory of service stations in Collier County, 1964 was the first time a station of twelve (12) pumps was installed and that number of pumps remained as the maximum number installed in Collier County until 1986. The following chart reflects data from several state agencies collected by county staff: Page 25 of 37 Zoning of the RaceTrac property provided for gas station use since at least 1968. Because of the small size of the lots, the early zoning, and the recorded date (1925) of the plat the intended use likely did not contemplate a service station as large as proposed by RaceTrac. J. That the granting of this distance waiver will have multiple adverse impacts on adjacent residential land uses without additional conditions. a. See Exhibit Z LDC 2014 Section 5.05.05 b. See Exhibit AA Ordinance 2015-46 c. See Exhibit CC BCC minutes 7-7-2015 d. See Exhibit DD LDC 2016 Section 5.05.05 e. See Exhibit SS Agenda 6-10-98 With BCC direction county staff initiated an additional waiver process for automobile service stations in 1998. Based on a review of meeting minutes, this process came about due to a proliferation of service stations requests at the Pine Ridge Road and I-75 interchange activity center. Staff drafted language to minimize the highly visible activity level impact of automobile service stations on adjacent land uses, especially residential. These regulations were to address location, layout, operation, drainage, landscaping, parking and permitted sales and service activities. Impacts were addressed and modified in 2015 by the BCC in adoption of new standards intended to apply to service stations with less than sixteen (16) fueling positions and within 250 feet of residential property. The new standards were created to mitigate compatibility issues involving service stations in close proximity to residential properties. This ASW was submitted as a result of an SDP prior to the date of this change in the LDC, and is subject to the LDC at the time of first SDP submittal. Both code versions provide similar ASW review criteria including the ability for the BCC to add conditions. Page 26 of 37 The adverse impacts associated with this service station use include: a. Twenty-four (24) hour operations b. Increased traffic c. Increased outdoor sound d. Increased artificial light Additional conditions could be applied to both site plans to mitigate some of the compatibility issues to the abutting and adjacent neighborhoods. Conditions that could be considered include the following: a. Reduce the number of fueling positions to a maximum of twelve (12). b. Require intersection improvements to Palm Street and US 41 to include dual left lanes, a dedicated through lane and a dedicated right lane. c. Include mitigation standards required by Ordinance 2015-46 for facilities with fuel pumps within 250 feet of residential. d. Enhance the wall requirement of Ordinance 2015-46 with a twelve (12) foot masonry wall with same architectural features as the primary building, on a minimum three (3) foot berm. Landscaping on both sides of the wall as required by Ordinance 2015-46 with tree height of fourteen (14) feet at planting measured from the bottom of the wall. e. No vehicular traffic behind the building adjacent to residential. f. The dumpster and loading area will be no closer to the southern property line than the building. g. Building setback to residential a minimum of 107 feet and parking setback a minimum of forty (40) feet. h. No customer entrances on the south side of the building. i. Light fixtures will meet the International Dark-Sky Association’s standard for outdoor lighting and including parking lot lighting to be no higher than fifteen (15) feet. j. Outdoor amplified sound is limited to the pump area unless required for safety reasons. Non-safety amplified sound only audible at the fueling position and only allowed from 7 AM to 7 PM. k. Access to Frederick Street is prohibited. l. Provide thirty (30) foot additional right-of-way along eastern property boundary with Palm Street. The recommended conditions are intended to reduce the impacts anticipated from the proposed development. K. That the use is consistent with the Growth Management Plan. a. See Exhibit W Ordinance 92-43 Collier County adopted the Collier County Growth Management Plan on January 10th, 1989. On January 10th, 1991 the County established a Zoning Reevaluation Program “...for all unimproved commercially zoning and non-residential property” and provides for “…rezoning of inconsistent, unimproved properties to a zoning district consistent with the Growth Management Plan”. To avoid a change in the zoning designation, the RaceTrac property maintained the C-4 zoning through two compatibility exception applications. In 1992 both applications were endorsed by staff, the Planning Page 27 of 37 Commission and the BCC subject to two conditions involving access and one condition involving a unified plan as discussed previously in this report. L. That the project and uses will not adversely affect environmentally sensitive areas and natural resources. a. See Exhibit KK SFWMD permit b. See Exhibit LL Engineering report The property has been issued a South Florida Water Management (SFWMD) Environmental Resource Permit No. 11-03569P. This permit acknowledged there were no wetlands within the project, the project is compliant with state water quality standards and meets the discharge rates. The permit states the site does not contain significant habitat for wetland dependent endangered or threatened species or species of special concern. Modifications to this permit may be necessary depending on actual development. Potable water is supplied by the City of Naples and the waste water system is under the Collier County Public Utilities Department. HISTORY – Land Development Code The proposed RaceTrac facility is intended to be built on an aggregation of lots subdivided by plat in 1925. Lot widths varied from forty (40) feet to sixty (60) feet wide with the majority being forty (40) feet. Depths vary from approximately 103’ to between 160’ to 120’ deep. The resulting lot square footage is typically 4800 to 6400 square feet. The plat did not provide an indication of expected uses; fifteen (15) of the lots provided frontage along Tamiami Trail and the remaining lots had access to Tamiami Trial via other platted access ways. It was not until March 6th, 1951, that the Board of County Commissioners (Board or BCC) directed then County Attorney Smith to draft a county zoning code. By the mid 1950’s the Board appointed a zoning commission and adopted the county’s first zoning code. Zoning Regulations from the 1950’s included a definition for “Service Station” defined as: “SERVICE STATION: A building or lot where gasoline, oil and grease, batteries, tires and automobile accessories are supplied and dispensed to the motor vehicle trade; and where battery recharging, tire repair and other similar services are rendered.” There were eight (8) zoning districts established by this time. Of those, all three (3) of the commercial districts and the industrial and agricultural districts allowed “filling stations”, which were synonymous with the “service station” definition. By 1968 the zoning code definition for service station changed to “Gasoline Service Station” defined as: “GASOLINE SERVICE STATION: A structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles Page 28 of 37 and including the customary space and facilities for the installation or application of such commodities on or in such vehicles, but not including space or facilities for the storage, painting, repair, refinishing, body work or other servicing of motor vehicle or other accessory uses or structure excepting advertising signs.” In 1968, gasoline service stations were allowed as a provisional use in C-1, allowed by right in C-2, C-3, C-4, and I. Review of the 1976 code provides a revised definition to replace the gasoline service station with “Automobile Service Stations”: “Automobile Service Stations: An automobile service station is an establishment whose principle business is the retail dispensing of automobile fuels and oil.” The 1976 code also included special standards for automobile service stations with a minimum lot size being required as 18,000 square feet and pumps allowed no closer than fifty (50) feet to any property line. Zoning district designations allowed automobile service stations in the following districts: CC, GRC, CI, and I. The definition was again changed in 1982: “Automobile Service Stations: an establishment whose principle business is the retail dispensing of automotive fuels and oil and where grease, batteries, tires, and automobile accessories may be supplied and dispensed.” In 1982 the code expanded the development standards significantly, leaving the minimum lot size the same and reducing the setback to pump islands to forty (40) feet with decorative fencing required against any residential district. Provisions were added to allow automobile service stations to provide: “Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but strictly and only as accessory and incidental to the principal business operation.” The 1982 zoning code included twenty (25) zoning districts. Service stations were allowed as provisional uses in the VR district and as permitted uses in C-2, C-3, C-4, C-5, and I. By the 1990’s zoning regulations became known as the Land Development Code (LDC) and in July 1998 provisions were added to the LDC for regulating distance between service stations: “2.6.28.1. Locational and site standards. All automobile service stations shall meet the following criteria: 1. Minimum frontage: An automobile service station shall not be located on a lot with less than 150 feet of frontage on a vehicular right-of-way. 2. Minimum depth: 180 feet. Page 29 of 37 3. Minimum lot or parcel area: 30,000 square feet. 4. Separation requirements: There shall be a minimum distance of 500 feet, shortest airline measurement, between the nearest points on any lot or parcel of land to be occupied by automobile service stations, and any lot or parcel which is already occupied by an automobile service station, or for which a building permit has been issued…” The 1991 zoning districts that allowed automobile service stations included C-1, C-2, C-3, C-4 and C-5. In 1998 planning staff member Susan Murry provided the following explanation for changes to the automobile service stations section of the LDC in a presentation before the BCC: “We did revise the purpose and intent of the amendment as written, basically recognizing that automobile service stations have become a multi-purpose use in their function and nature. They’re generating high levels of traffic and activity. They’ve become a highly intense use, often on a 24 hour a day basis, and this has prompted a need to protect surrounding land uses, especially residential land uses, and to attempt to create regulations which reduce the impacts of the intensity of the use through buffers and separation of land uses.” At the Planning Commission (CCPC) meeting that preceded this 1998 BCC meeting, RaceTrac’s representative provided input to the process and also the following comment when referring to the changes proposed for the ASW process (emphasis added): “What they are proposing is fine to be applied prospectively, but you shouldn’t render non-conforming people who have already been in operation for a number of years or a PUD, such as the Angileri, where specific standards were imposed with everybody’s full knowledge that a service station was going in.” In addition to the service station use, the C-4 uses allowed on the RaceTrac property include all of the uses of the C-1 thru C-3 districts. In the C-4 district there are 139 uses listed by SIC (Standard Industrial Classification) reference numbers with many of those being a range of number references. Additionally, twenty-five (25) or more uses are possible through the conditional use process. With the exception of conditional uses and fueling facilities, other uses could proceed with a site plan application and no public process as long as they applied consistent with the C-4 standards. However, due to the overall size and shape of this property, it is not expected that all uses could actually be accommodated on this site. The zoning abutting the southern property line of the overall RaceTrac property is predominantly RSF-3 (residential single family, three (3) units per acre) with developed residences. Other uses that are permitted on the RaceTrac site would be required to provide a buffer per the LDC, which is a fifteen (15) foot wide type B buffer. A type B buffer between commercial and residential includes a minimum six (6) foot wall. Page 30 of 37 In 2004 a broad re-write of the LDC occurred and included a new definition for automobile service stations: “Automobile service station: any commercial or industrial facility wherein the retail sale of gasoline is conducted. Where the sale of gasoline is provided only as a "secondary function," such as a retail establishment (i.e. - grocery store or warehouse) that provides gasoline for its customers/members as an incidental service, the structures and site related to the fuel facility will be considered an automobile service station”. The intent of this re-write was not to substantively change the intention of the prior version of the code, but to provide a more user friendly and sensible format. Due to concerns of unintended consequences, there was a provisions added that allowed for reliance on the prior version where items were inadvertently changed. The following language was added to the 2004 ordinance: “SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or of any other statute, code, local resolution, regulation or other applicable federal, state, or local law, the more stringent standard, limitation, or requirement shall govern or prevail to the extent of the conflict, except that in the event that any provisions of the adopted, re-codified LDC should result in the unintended consequence of an unresolved conflict with the provisions of the previously adopted LDC, as amended, the prior provisions will be considered to apply…” The re-written section for automobile service stations in 2004 remained mostly intact until 2015, when new standards were implemented for addressing compatibility issues related to stations with fewer than sixteen (16) pumping stations and within 250 feet of residential zoning. In 2015 the following definitions were added (and automobile service station as a definition was deleted): “Facility with fuel pumps: Any establishment that sells, distributes, or pumps fuels for motor vehicles whether or not such facility provides automotive repair services or includes a convenience store. See fuel pump definition.” “Fuel pump: Also known as a "fueling position," means any self-service or full-service device used for the sale of fuel for motor vehicles. A single fuel pump is a fuel pump that can serve only one vehicle at a time. The number of pumps on a single device is determined by the maximum number of vehicles that can be serviced at the same time. For example, a fuel dispensing device that can fuel two vehicles at once is considered two fuel pumps, and two fuel dispensing devices that can fuel four vehicles at once is considered four fuel pumps, and so on.” Page 31 of 37 PART 2 - Vacation of platted rights-of-way PETITION NO. VAC-PL20150002788 – RaceTrac Petroleum, Inc. requests the vacation of the County and the public interest in an unimproved 30-foot wide public right-of-way described as “Avenue B” and a portion of an unimproved 30-foot wide public right-of-way described as “First Street,” according to the Col-Lee-Co Terrace subdivision plat, as recorded in Plat Book 1, Page 32 of the Public Records of Collier County. The subject property is located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida [Companion to Automobile Service Station Distance Waiver ASW- PL20150002369]. BACKGROUND This request is for a vacation of road right-of-way pursuant to section 10.02.04.G of the Land Development Code (LDC). G. Vacation and annulment of subdivision plats. Vacation and annulment of a subdivision plat shall be in accordance with F.S. ch. 177.101, as may be amended, and Collier County Resolution 2006-160, as amended. The purpose of this vacation request is to remove all of one platted road right-of-way and a portion of another. The Board of County Commissioners (BCC) amended Resolutions 2006- 160 with Resolution 2013-166 on September 10th, 2013. Attached to the amended resolution are three Policy and Procedure formats for different vacation applications. For this application the applicant submitted documents listed in Attachment “A” of the Resolution, relating to the vacation of a public right-of-way. The Attachments describe procedural steps including such information as providing property title, tax status, legal descriptions and notification of abutting owners. Requests specific to this form of vacation include, in brief: “b) A statement explaining the general public benefit received from the proposed vacation; c) A copy of the document which granted, conveyed or dedicated the right-of-way to the County or the public. g) “Letters of No Objection” from all pertinent utility companies or authorized users of the easement and/or dedicated public area as determined by Growth Management/Planning and Regulation Administrator or his designee. k) If a replacement easement is required by Collier County, the reviewing parties are under no obligation to accept the offered alternative….” The applicant provided information for BCC review in response to the submittal requirements to vacate the two (2) rights-of-way. The rights-of-way (ROW) were dedicated on the plat for the use and benefit of the public. Page 32 of 37 The two rights-of-way are each thirty (30) feet wide which is half the standard minimum width required by Collier County for a local public roadway. County staff has noted that these rights-of-way have never been improved and the County has performed no maintenance within the proposed vacated areas. SUBMITTAL HISTORY This is a companion item to the Automobile Station Waiver (ASW) discussed in Part I of this report. On December 9th, 2015, Collier County received an application for vacating one thirty (30) foot wide undeveloped right-of-way and a portion of another thirty (30) foot wide undeveloped right-of-way as shown on the Col-Lee-Co Terrace Plat recorded on. The rights-of- way are platted as Avenue B and First Avenue on Plat Book 1, Page 32. The areas requested to be vacated are in red lines: Page 33 of 37 RaceTrac is requesting to vacate the two ROW’s to allow development of Site Plan “B” to include a fueling facility and convenience store. RaceTrac also submitted a Site Plan “A” proposing the same uses and not relying on the ROW’s being vacated. Letters of No Objection for the vacation request have been received from Comcast, Century Link, Collier County Sheriff’s Office, and the Greater Naples Fire Rescue District. Florida Power and Light indicated they would remove the existing facilities and relocate their facilities in a new easement at the applicant’s expense. FINDINGS Based upon analysis, testimony and exhibits presented in connection with this matter, the undersigned Hearing Examiner makes the following findings: A. That the Hearing Examiner has heard this matter pursuant to the Board of County Commissioners direction on April 26, 2016. a. See Exhibit C: BCC minutes dated 4-26-2016 Motion made by Commissioner Taylor and seconded by Commissioner Fiala to forward to the Hearing Examiner. Motion approved unanimously. B. That letters of no objection have been received from pertinent utility companies and agencies. a. See Exhibit TT: Letters of No Objection b. See Exhibit UU: March 10 and 31 letters from FPL c. See Exhibit VV Resolution 2013-166 Three utility companies and two public agencies responded to the request for letters of no objection to the vacations. Comcast, CenturyLink, Collier County Sheriff, and the Greater Naples Fire Rescue District all responded with no special conditions. On March 10, 2016 Florida Power and Light responded to the vacation request stating they have existing facilities within the road right-of-way easement and requested funding to remove those facilities in order to move forward with the vacation. On March 31, 2016, RaceTrac provided the required payment for FP&L to move forward and FP&L has no objection to the vacation once their facilities are removed and replacement easements provided. A utility easement will be retained over the vacation area until all utilities are removed. C. That there is public benefit to be received from the proposed vacation as conditioned. a. See Exhibit VV Resolution 2013-166 The existing platted road rights-of-way are vacant and unimproved. The proposed vacation would provide a more unified land plan and increase the taxable value of the property. Most importantly is the benefit that could be obtained to repair an intersection that will become more unfavorable with any use that could be added to this property. The alignment of Palm Street, US 41 and Commercial Drive to the north is not perpendicular to one another as are most intersections. The additional access proposed via this vacation would assist to make this intersection safer as traffic patterns increase in Page 34 of 37 the area. This would be accomplished by obtaining thirty (30) feet of additional easement width (in addition to the compensating right-of-way that is already considered) along the east side of this property’s boundary at Palm Street. This additional width would provide enough area for two (2) left stacking lanes, a dedicated through lane and a dedicated right turn, thus helping to reduce the unfavorable conditions created by additional traffic generate on the proposed site. D. That Collier County require a replacement easement as condition of vacation. a. See Exhibit VV Resolution 2013-166 b. See Exhibit WW Boundary Survey c. See Exhibit XX Staff Executive Summary VAC As discussed in detail in Part I of this report, the proposed project will cause adverse impacts to traffic flow at the Palm Street and US 41 intersection. To reduce these impacts a reconfiguration of the Palm Street and US 41 intersection should be considered to provide additional right-of-way in order to obtain additional lanes along Palm Street. The vacation of the requested rights-of-way releases approximately 16,420 square feet, or slightly over one-third of an acre of developable property. The applicant has agreed to provide compensating right-of-way as part of their review, and for consideration of the vacation, a condition should require an additional thirty (30) feet along their eastern property boundary at Palm Street. This area is in addition to the compensating right-of-way and would be approximately 6,768 square feet. Page 35 of 37 PUBLIC MEETING A public meeting was held by the Hearing Examiner at the direction of the BCC over two days on June 23rd and 30th, 2016. Meetings were held in the Board of County Commissioner’s board room in the evening beginning at approximately 5 PM. There were two agenda items, an automobile station wavier and a road right-of-way vacation. Both items were discussed concurrently during the meeting. All registered speakers were not heard the first evening and the meeting was continued at 8:57 PM. A week later at the continued date, the meeting began at 5 PM. All remaining speakers and concluding remarks were heard and the meeting adjourned at 7:52 PM. Prior to the first evening, the Hearing Examiner’s office received approximately 200 emails predominantly in opposition to the application. The first evening’s attendance required the use of the overflow room to seat additional participants. Procedural information was available to those in attendance and introductory statements were made by the Hearing Examiner and the County Attorney. After disclosures, the applicant was asked to provide a presentation of the issues. During the first evening there were approximately fourteen (14) members of the public who spoke over a two (2) hour period, with twelve (12) in opposition and two (2) in favor. The second evening ten (10) members of the public spoke in opposition. Over both evenings, twenty-four (24) speakers presented testimony. Two County staff members provided acknowledgment of their positions of approval in their staff reports for both the ASW and the vacation. The public testimony involved issues of compatibility with specific references to concerns over increased crime, general increased traffic, traffic impacts on the adjoining neighborhoods, noise, vibration, increase in vagrancy, negative impact on property values, pedestrian and bicyclist safety, environmental safety issues, concerns over a twenty-four (24) hour operation, water quality of Henderson Creek, water management, concerns over impacts to the lifestyle in the area, pollution issues, inconsistency with the criteria in the land development code, the need to retain the roads seeking to be vacated, and inconsistency with the intent of the area’s development (see minutes of meeting). Minutes of both evenings, the agendas with backup and all back up materials can be viewed the Clerk of Courts website for the Collier County HEX via the following link: https://www.collierclerk.com/records-search/bmr-records-search . Additionally, these items are attached as the following exhibits: 1. Exhibit MM 6-23-16 Special HEX Minutes 2. Exhibit NN 6-30-16 Special HEX Minutes 3. Exhibit OO HEX Agenda 6-23-16 4. Exhibit PP HEX Agenda 6-30-16 5. Exhibit QQ HEX Backup 6-23-16 6. Exhibit RR HEX Backup 6-30-16 Page 36 of 37 EXHIBIT LIST 1. Exhibit A Site Plan Option A 2. Exhibit B Site Plan Option B 3. Exhibit C BCC Minutes 4-26-16 4. Exhibit D US 41 Right-of-way Plans 5. Exhibit E Traffic Impact Statement 6. Exhibit F 2015 Aerial 7. Exhibit G Plat Book 1 Page 32 8. Exhibit H Plat Book 2 Page 82 9. Exhibit I Applicants Narrative 10. Exhibit J TIS Comment Response Letter 11. Exhibit K Insufficiency Letter 12. Exhibit L Market Study 13. Exhibit M Palm Street Improvements 14. Exhibit N TIS Memorandum 15. Exhibit O 2015 NACS Fuels Report 16. Exhibit P 2013 NACS Fuels Report 17. Exhibit Q Map of RaceTrac Market Areas 18. Exhibit R FDEP Fuel Facilities 19. Exhibit S 2012 NACS Fuels Report 20. Exhibit T 1969-2006 Zoning Maps 21. Exhibit U Early Zoning Codes 22. Exhibit V Gas Station Size by Year 23. Exhibit W Ordinance 92-43 24. Exhibit X 2016 Zoning Map 25. Exhibit Y Compatibility Exception Staff Report 26. Exhibit Z LDC 2014 Section 5.05.05 27. Exhibit AA Ordinance 2015-46 28. Exhibit BB ASW LDC Amendment 29. Exhibit CC BCC Minutes 7-7-2015 30. Exhibit DD LDC 2016 Section 5.05.05 31. Exhibit EE LDC 2.03.03 Commercial Zoning 32. Exhibit FF LDC 4.06.02 Buffer Requirements 33. Exhibit GG BCC Minutes 6-10-1998 34. Exhibit HH 2014 Market Study 35. Exhibit II CCPC Minutes 5-13-1998 36. Exhibit JJ ASW Submittal 37. Exhibit KK SFWMD Permit 38. Exhibit LL Engineering Report 39. Exhibit MM 6-23-16 Special HEX Minutes Procedural Handout Racetrac hearing before the Collier County Hearing Examiner June 23, 2016 I. Introduction The proceedings tonight are at the direction of the Collier County Board of County Commissioners. There are two Petitions that will be heard tonight by our Hearing Examiner, Mark Strain. Both petitions are for a proposed Racetrac convenience store/gas station, which if approved, will be located on the south side of US 41 between Frederick Street and Palm Street. To avoid repetitious testimony, both applications will be heard at the same time, as there are overlapping issues. The Board of County Commissioners has requested that the Hearing Examiner analyze both of these applications, and deliver the facts to the Board of County Commissioners. This will be done by a written report by the Hearing Examiner. When completed the report will be submitted to the Board and will be immediately available to the public. Both applications will then be scheduled for a Public Hearing before the Board of County Commissioners, with full notice given to the public. It is my expectation that this hearing will be no sooner than the fall of 2016. In the event that we are unable to conclude tonight's proceedings in the allotted time, we will reconvene in the same location next week, on Thursday, June 30, 2016, at 5:00 p.m. II. Procedures The format of tonight's hearing will be as follows: 1. The applicant will go first, and will present its reasons why the applications should be approved. The Hearing Examiner may ask questions of the applicant throughout its presentation. 2. Next, staff will present their report to the Hearing Examiner. The Hearing Examiner may ask questions of staff throughout their presentation. 3. Next, the registered public speakers will be allowed to speak. Public testimony will generally be limited to five minutes per speaker. At the discretion of the Hearing Examiner, this time may be either extended or shortened depending upon whether the testimony given is relevant to the criteria that we have discussed. As part of the five minutes, the Public Speaker may if desired ask questions of either the applicant or staff. The Hearing Examiner may ask questions of the Public Speaker throughout their presentation. Following the conclusion of each of the Public Speaker's comments, either the applicant or staff may ask the Public Speaker questions. Anyone wishing to speak must: 1 Jeff 41a-1-z K a. Fill out a speaker slip and hand it to Planning Staff. b. Be sworn under oath. c. Only speak once. If you speak tonight, you will not speak again on June 30th, if we reconvene. d. At the beginning of your comments, state your name and address for the record, speaking clearly and slowly into the microphone at each of the lecterns so that the Court Reporter can take your testimony. If you are signed up to speak, but fully agree with someone else who has previously spoken, you may simply note such to the Hearing Examiner and waive your time. You may give your time to another speaker if you wish, but you must be present when they are called to speak. 4. At the conclusion of the Public Speakers, the applicant may elect to rebut. 5. Following the applicant's rebuttal, the Hearing Examiner will close the Public Hearing. Please note that there will be a fifteen minute break at 7:00 p.m. for the Court Reporter. Please further note that this is a Public Hearing, with an expectation of a proper decorum. Do not shout or make comments when others are speaking, and please do not applaud or otherwise show your approval or disapproval of a particular speaker or comment. The Hearing Examiner is authorized to maintain an orderly proceeding, and those who do not conduct themselves in an appropriate manner will be asked to leave. III. Issues So everyone is clear, this is not a zoning issue. The zoning for this property allows the use of a gas station and convenience store. Whether the number of pumps sought by Racetrac is allowed by the zoning will be a matter for the Hearing Examiner to review, and ultimately, the Board of County Commissioners to decide. That issue will not be discussed tonight. The Land Development Code has a specific section which regulates Gas Stations. Because these petitions were submitted prior to the adoption of Ordinance No. 15-46, they are subject to the previous version of this section, which states as follows: 5.05.05 -Automobile Service Stations A. The purpose of this section is to ensure that automobile service stations do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with automobile service stations, particularly those open 24 hours, may be incompatible with surrounding uses, especially residential uses. Therefore, 2 in the interest of protecting the health, safety, and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of automobile service stations. To effectuate this purpose, the section creates the following Site Design Requirements: B. Site design requirements. 1. Table of site design requirements: Minimum dimensions: Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent automobile service stations (ft.) 500 (based on distance between nearest points) Minimum setbacks, all structures: Front yard 50 Side yard 40 Rear yard 40 The site design requirement in question tonight is the separation requirement, which is highlighted. Accordingly, the first petition seeks a waiver from the minimum required separation distance of 500 feet between gas stations, also known as facilities with fuel pumps. The following is the criteria that will be used by the Hearing Examiner in determining this petition: 5.05.05 B 2. Waiver of separation requirements. a. The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man-made boundaries, structures, or other features 3 i which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: i. Whether the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing automobile service station is determined by the BZA to lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4- lane arterial or collector right-of-way. ii. Whether the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the station sells food, gasoline, and other convenience items during daytime, nighttime, or on a 24 hour basis. iii. Whether the service station is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. iv. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. b. The Administrative Code shall establish the submittal requirements for an automobile service station waiver request. The request for an automobile service station waiver shall be based on the submittal of the required application, a site plan, and a written market study analysis which justifies a need for the additional automobile service station in the desired location. c. Additional conditions. The BZA shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the automobile service station with the surrounding area and the goals and objectives of the GMP. The only testimony relevant to this first application concerns these criteria. The Hearing Examiner may interrupt your testimony if it is not relevant to these criteria. 4 The second petition is an application by Racetrac to vacate one 30-foot wide public right- of-way described as "Avenue B", and a portion of one 30-foot public right of way described as "First Street," as depicted on the COL-LEE-CO TERRACE Plat, Plat Book 1, Page 32. The proposed vacated rights-of-way are shown below outlined in yellow: /F l §i „,A ' .4!"....* ' # t" r El '.i_I- i*- "4 i . . ''- „- * « e.,sem h I '•'.4' - * R 40. ti., ,,,iiitig,,,,,.., .t a” - s C �— . ,# all .,;. ..®.y,.�--_ , s }�.t ,< , 4. :jiof ,{ �, h`�a Crcr 1- , .. ` am .�� r �� • ,k /i- ^s 4 mss... it f. G _5x Aa3'a.rAr Na,es rt ` y r1 *. 1'Yi 446. ft The following criteria will be used by the Hearing Examiner in determining this petition, and are derived from Resolution No. 2013-166, and the Florida Statutes: • ... Before such resolution of vacating any plat either in whole or in part shall be entered by the governing body of a county, it must be shown that the persons making application for said vacation own the fee simple title to the whole or that part of the tract covered by the plat sought to be vacated, and it must be further shown that the vacation by the governing body of the county will not affect the ownership or right of convenient access of persons owning other parts of the subdivision... Every such resolution by the governing body shall have the effect of vacating all streets and alleys which have not become highways necessary for use by the traveling public. (from Sect. 177.101(3)&(5), Fla. Stat.) 5 s • When a request is - in the interest of the general public welfare, or where no public detriment is established, and - the request does not invade or violate individual property rights then the BCC may renounce and disclaim any right of the County and the public in and to land delineated on any recorded map or plat as a street, alleyway, road, etc., and may adopt resolutions vacating plats in whole or in part. (from Resolution No. 2013-166, Attachments A & B) The only testimony relevant to this second application concerns these criteria. The Hearing Examiner may interrupt your testimony if it is not relevant to these criteria. 6 AGENDA ITEM 3A EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition Number ASW-PL20150002369, granting a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code,for property located on the south side of U.S.41 between Frederick Street and Palm Street in Section 11,Township 50 South,Range 25 East,Collier County,Florida [Companion to Agenda Item 11-Petition VAC-PL20150002788]. OBJECTIVE: To have the Board of Zoning Appeals(BZA)review staff's findings and recommendations regarding the above referenced petition and render a decision regarding the petition; and ensure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner requests that the BZA consider a waiver of the separation required between facilities with fuel pumps to allow a facility with fuel pumps to be constructed within 500 feet of an existing facility with fuel pumps. The Petitioner applied for a Site Development Plan, SDP- PL20140000378, and was advised that a distance waiver must be approved prior to approval of the SDP. The distance based on the SDP, and represented by site plan"A" is 277.5 feet.The Petitioner argues that a distance waiver is not needed and has applied for a distance waiver for site plan "A" under protest. The Petitioner has also submitted site plan "B" for the Board's consideration as an alternative plan. Site plan "B"requires a distance waiver of 135.7 feet. ZONING The subject site is zoned General Commercial—Gateway Triangle Mixed-Use Overlay District—Mixed- Use Subdistrict(C-4-GTMUD-MXD). The site is located on the south side of Tamiami Trail East(US 41) between Frederick Street and Palm Street. The surrounding zoning is: North: Tamiami Trail ROW,across which are commercial businesses zoned C-4-GTMUD-MXD East: Palm Street ROW, across which are commercial businesses zoned C-4-GTMUD-MXD South: Platted, undeveloped Jay Avenue ROW,across which is a commercial business zoned C- 4-GTMUD-MXD;and a platted,undeveloped alley ROW,across which are single-family residences zoned RSF-3 and a commercial business zoned C-4-GTMUD-MXD West: Frederick Street ROW, across which is a tennis facility within the City of Naples and residences and vacant lots zoned RMF-6 HISTORY Research indicates that the subject site was zoned C-4 at least as far back as 1969. In 1969,the lots on the north side of what is now Mills Lane (Inomah Subdivision, Block C) were also zoned C-4. In 1991, Ordinance 91-1 rezoned Inomah Subdivision, Block C, Lots 3-8 to Residential Single Family (RSF-3) through implementation of the Zoning Re-evaluation Ordinance(ZRO)—bringing zoning into consistency with the newly adopted(1989)Comprehensive Plan. Lots 1 and 2 were not included in the rezone because a commercial business existed on site(only properties zoned inconsistent with the Comprehensive Plan and "unimproved"were subject to possible down-zoning through the ZRO process). Ordinance 92-43, also a part of the ZRO process, "rezoned" a portion of the subject lots from C-4 to C-4 with conditions (requiring that some of the lots be developed under a common Site Development Plan (SDP) instead of as individual lots, and required access approval by Collier County Transportation staff and FDOT)so as to provide regulatory effect to those conditions that were imposed upon the approval of a ZRO compatibility exception application. 6.�3.« ff�X �>Lh i cif A Ordinance 06-08 added the GTMUD-MXD overlay to the site. Two platted, undeveloped streets(30 feet in width) exist on the subject site: Jay Avenue (First Street) and George Street(Avenue"B"). Both were platted as a part of the Col-Lee-Co Terrace subdivision in 1925.A platted,undeveloped alley(20 feet in width)exists to the south of the subject site,in the Inomah subdivision (1946). ANALYSIS The zoning (C-4-GTMUD-MXD) permits gasoline service stations as well as food/convenience stores. However, Section 5.05.05.B.1 of the Land Development Code(LDC)requires a separation of 500 feet from another gasoline service station (now referred to as a Facility with Fuel Pumps). The subject property is within 500 feet of the closest facility with fuel pumps, measured property line to property line. Section 5.05.05.B.2 permits a waiver of the separation requirement. A decision to waive the requirement shall be based upon the following factors: i. Whether the nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed facility with fuel pumps. Such boundary,structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals,and a minimum of a 4 lane arterial or collector right-of-way. ii. Whether the facility with fuel pumps is only engaged in the servicing of automobiles during regular, daytime business hours, or,if in addition to or in lieu of servicing,the facility with fuel pumps sells food, gasoline, and other convenience items during daytime, nighttime, or on a 24 hour basis. iii. Whether the facility with fuel pumps is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. iv. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. Staff analyzed the above criteria and finds the following: i.The proposed facility with fuel pumps has a manmade boundary between the site and the existing station: Tamiami Trail East is a 6-lane arterial right-of-way. ii. The proposed facility with fuel pumps will only sell fuel to vehicles. There is no oil change or other repair/service facility proposed. In lieu of servicing,the station will sell food,gasoline,and other convenience items on a 24-hour basis. iii. The proposed facility with fuel pumps fronts on three platted, developed rights-of-way. The applicant proposes access to and from Tamiami Trail East,Frederick Street(site plan"A"only), and Palm Street. iv. Adverse impacts to adjacent land uses: Commercial land uses: The greatest impact may be to the existing facility with fuel pumps on the north side of US 41 (7-Eleven). This may be an economic impact from additional competition,not a land-related impact. Residential land uses: The proposed facility with fuel pumps is across Frederick Street from residential land uses. It is also across an undeveloped alley from the existing residential uses on Mills Court. In addition,many residents to the south use Frederick Street and Palm Street to access their homes. Many residents south of the proposed automobile service station utilize Palm Street because it is a signalized intersection. The increased traffic caused by the facility with fuel pumps will have a major effect on the intersection. However,the subject parcel is zoned commercial and there are many uses which would have a similar impact on the intersection. A convenience store(without fueling)could be permitted by right and could operate 24 hours a day. The proposed access to the site from Frederick Street (option "A") is north of any residences and aligns with a driveway of Naples Bay Resort(within the City of Naples). The residential neighborhood to be impacted the most will be the houses on the north side of Mills Lane. Even with the required wall-berm combination, the residents of two story homes on Mills Lane will be impacted to some extent. (Please note that the subject site was zoned General Commercial before the property on the north side of Mills Lane was zoned Residential.) In order to minimize this impact and increase compatibility with the neighborhood,the applicant states that the fuel tanks have been located as far away as possible from the residences while still complying with applicable regulations. In addition, for site plan"B",the canopy and store have been located as far away from the residences as possible while still allowing safe site circulation for fuel trucks. The vacuum station will also be located adjacent to US 41. A pre-application meeting was held with the applicant on February 26, 2014 to discuss the project. Neighbors had heard about the project and scheduled a meeting with County Staff and the Hearing Examiner on site on April 11, 2014. (The Hearing Examiner was involved because, according to Code, a Distance Waiver (ASW) petition is heard by the Hearing Examiner.) Staff and the Hearing Examiner listened to the concerns of the neighbors, but were unable to address many issues,since the application had been delivered to the County the day before, and had not yet been distributed for review. The applicant held a meeting and invited the neighborhood on May 21, 2014. Questions were asked and issues were discussed. Staff was in attendance, but only addressed procedural issues, since it was not a County-required meeting. The subject application and Site Development Plan (SDP) were received and were under review prior to the Board of County Commissioners-directed review of the LDC which resulted in the Facilities with Fuel Pumps section of the LDC. Section 2-87(6)of the Code of Laws states"the Hearing Examiner shall disqualify himself from a particular case when he reasonably perceives that he has a real or perceived conflict of interest,or that the case is one of great public interest or concern."The Hearing Examiner reasonably perceived that this case was one of great public interest or concern and recused himself.As Section 2-87(6)states,the case would then be heard by the BZA. CONCEPTUAL SITE PLANS The Applicant has submitted two Conceptual Site Plans, as alternatives for the BZA's consideration. Option"A"creates three development parcels;one for the proposed facility with fuel pumps,and two future development parcels. This plan does not require the vacation of the undeveloped streets. The Applicant believes that this plan does not require a distance waiver,because the existing facility with fuel pumps and the proposed facility with fuel pumps are not adjacent,but are separated by"future development parcel 1". The Applicant has submitted site plan"A"under protest as a part of this ASW petition. Staff does not agree with the Applicant's assertion regarding the ASW. Plan B requires the vacation of the undeveloped streets and also requires this ASW petition. This plan also creates a playground/park along Frederick Street. The Applicant states that the park and facility with fuel pumps will not have a direct vehicular connection, both for park visitors' safety and to prevent access to the facility with fuel pumps from Frederick Street. It should be noted, that the adverse impact identified by Staff would be associated to a degree with all of the commercial uses permitted within the C-4 zoning district. It is Staff's position that the design standards incorporated by the proposed facility(orientation of activities furthest from the residential homes, increase wall height and landscape buffer on the residential side of the wall), in addition to the playground/park set- aside provided for within Option "B" provides for a higher degree of compatibility with the existing neighborhood beyond what the LDC would require from any of the other C-4 permitted uses. See Applicant's narrative (attached)for a discussion of site plans"A"and "B". FISCAL IMPACT: This Waiver of and by itself will have no fiscal impact on Collier County. There is no guarantee that the project,at build out,will maximize its authorized level of development. However, if the Waiver is approved, the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff to analyze this petition. GROWTH MANAGEMENT PLAN(GMP)IMPACT: The requested distance waiver has no impact on the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Planning Commission does not hear Distance Waivers. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -HFAC RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approves Automobile Service Station Distance Waiver ASW-PL20150002369 after consideration of the following conditions: 1) The current zoning has been in place since at least 1969; 2)The zoning has been found consistent with the Growth Management Plan by the Board of County Commissioners through the ZRO process;3)The subject site is physically separated from the closest facility with fuel pumps by a six-lane divided highway; 4)The applicant has moved the proposed facility with fuel pumps as far from the neighboring residential as permitted by the regulations of other agencies. Staff recommends approval, with conditions, of site plan "A" and site plan "B", since both options meet the distance waiver requirements; however, Staff believes that Option "B" is preferable, since the facility with fuel pumps is a greater distance from existing residential property. Staff's recommendation is subject to the following conditions (Section 5.05.05.B.2.c. of the LDC states that the BZA shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the facility with fuel pumps with the surrounding area and the goals and objectives of the GMP): 1. Site plan "B" is contingent upon the approval of the vacation of the applicable portions of the rights-of- way known as Jay Avenue (First Street)and George Street(Avenue B). 2. The proposed facility with fuel pumps shall be limited to the uses of 16 vehicle fueling positions, air/water/vacuum station (located at the edge of the buffer along US 41), and a convenience store with a maximum floor area of 6,000 square feet. The following uses are prohibited on the site: carwash,servicing of spark plugs, batteries, distributors and distributor parts; mounting, balancing, repair and recapping of tires and wheel alignment; replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, grease retainers, wheel bearings, shock absorbers, mirrors, and exhaust systems; flushing the cooling system and air conditioner recharge and repair; repairing fuel pumps and lines; mechanical work; and greasing and lubrication. These prohibited uses shall not apply to any tract of the SDP that is more than 500 feet from any off-site facility with fuel pumps. These prohibited uses shall not apply to a tract of land within the subject Site Development Plan which does not contain a facility with fuel pumps. 3.The setback for a facility with fuel pumps from residential property shall be 50 feet. 4. The facility with fuel pumps in site plan "B" shall be separated from residential property by a 30-foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be 12 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 feet with a maximum slope of 3:1. The berm shall be planted with ground cover. 5. Landscaping for site plan "B" shall be required on both sides of the masonry wall. On the residential property wall side, three hedgerows consisting of#10 shrubs, spaced 3 feet on-center, and 4 feet high at planting and five 5 feet high within one year shall be provided. In addition, a row of canopy trees spaced 25 feet on-center, and ten(10) feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced 30 feet on-center, and 12 feet in height at planting are required. A hedgerow consisting of#10 shrubs, spaced 3 feet on-center, and 4 feet high at planting and 5 feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. 6. 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. Music and amplified sound shall not be audible from the residential property line. The customer-to-store intercom is a safety feature and is not subject to the time restriction. 7. All light fixtures shall be directed away from neighboring properties. On-site light fixtures shall not exceed a height of 20 feet above finished grade. All light fixtures shall be full cutoff with flat lenses. On- site lighting shall be between a minimum average of 1.5 foot-candles and a maximum average of 8 foot- candles for the entire site. 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. Under canopy lighting shall be between a minimum average of 5 foot-candles and a maximum average of 20 foot-candles. 8. The dumpster enclosure shall have a minimum setback of 50 feet from residentially-zoned property. Dumpster servicing 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 on site plan"A". 9. Should the use of automobile service station cease or not commence, the above conditions are not applicable. Prepared by: Fred Reischl, AICP, Principal Planner Zoning Division, Growth Management Department Attachments: 1) Resolution 2) Application 3) Conceptual Site Plan A 4) Conceptual Site Plan B 00,,,t416• - - •'"'"4- "P"." z • December 9, 2015 DELISt FITZGERALD, INC. Planning-Engineering-Project Management Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: RaceTrac at Palm Street Gas Station Distance Waiver Project# PL 20150002369 To Whom It May Concern: Attached for approval, please find the following items as they relate to the above referenced project: L One (1) check in the amount of $1,000.00 for the submittal fees; 2. Twelve (12) copies of the Completed Application with Folio numbers and addresses attached; 3. One (1) copy of Completed Addressing Checklist; 4. Twelve (12) copies of the Pre-application meeting notes; 5. Twelve (12) 24" x 36" copies Site Plan Options A and B with aerial insets showing distances to nearest auto service station; 6. One (1) 8.5" x 11" copy of the Site Plan Options A and B; 7. Two (2) copies of Warranty Deeds; 8. Twelve (12) copies of Market Analysis; 9. Twelve (12) copies of Project Narrative; 10. One (1) signed and notarized copies of Owner Affidavits; 11. Five (5) 8 Y2" x 11" copies of Location Map; 12. Twelve (12) copies of the Legal Description; 13. One (1) electronic copy of all plans and documents. If you require any additional information, please contact our office at (239) 418-0691. Sincerely, DE SI F N ZGERALD, INC. An. ew D. Fitzgerald, P.E. President Project No.: 21293 cc: Tom Hardy with attachments 1605 Hendry Street Fort Myers,FL 33901 -239-418-0691 - 239-418-0692 fax EXHIBIT 'A' LEGAL DESCRIPTION RACETRAC PARCEL: LOTS 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, AND 34, COL- LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS ROAD RIGHT-OF-WAYS PARCEL 1: LOTS 41, 42, 43, 44, AND 45, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2: LOTS 37, 38, 39, AND 40, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. INSTR 4474120 OR 4604 PG 695 RECORDED 9/13/2010 3:02 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $1,890.00 REC $18.50 CONS $270,000.00 cx- ld :- 1g, D \rrCt1L1k % Z7i:,c DD -('G3tLZ1'n? '"I8c,O Prepared By and Return To: Thomas A.Collins,II,Esquire Treiser Collins 3080 Tamiami Trail East, Naples,FL 34112 239-649-4900 File Number: 2614.014 Parcel Identification No.26880200101 [Spacc Above This Line For Recording Data] Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) THIS INDENTURE made this �� s� day of 5tp 01.131..t.,2010 between Patricia A. Whiting, an unremaried widow, whose post office address is 370 Dight, Naples, FL 34103 of the County of Collier, State of Florida,grantor*,and Nazdar, Inc., a r• ,ry 4a o , hose post office address is 1199 Third Street South#A,Naples,FL 34102 of the Cou 147'•+"'-r,State o ItS l ntee*, WITNESSETH, that said t., , 'n consideration o the um of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable ons'•e ' sat 7-n hand said said grantee, the receipt whereof is hereby acknowledged, has granted, b gaile• • • so ,-. • t '. _.r s e •Id g tee's heirs and assigns forever, the following described land,situate,lying and - i r o i:, k • '11, .7t -wit I Lot 17 and 18, and the ' • * .,--1a. ", C• - --• E. 'errace, according to the plat thereof recorded at ' nook 1, Page 32, in' e P b1}c ,cords of Collier County, Florida; less that portion o lie 17 described as fo' . I(:11-.in at the northwest corner of said Lot 17,said corner b•Ifg,. a curve concave so'i,': erly,thence along the north line of said Lot 17, the arc o d •.+e to ri•.i , ,at.`. a radius of 11,409.16 feet, a central angle of 00° 10' 38", an ar , •fOl.t• ,the chord for which bears South 52° 34'46" East to the end of said curve a • • . point of intersection with a non-tangent curve concave southeasterly,thence along the arc of said curve to the left,having a radius of 29.50 feet, a central angle of 10°59'57",an arc length of 5.66 feet,the chord for which bears North 79° 32' 12" West to the end of said curve and the beginning of a curve concave southeasterly, thence along the arc of said curve to the left having a radius of 19.50 feet, a central angle of 67° 37' 00", an arc length of 23.01 feet, the chord for which bears South 56° 07' 22" West to the end of said curve; thence South 30° 02' 30" West, 8.13 feet to the west line of said Lot 17; thence along said west line North 00° 34' 36" West,39.56 feet to the Point of Beginning. Subject to the following: (a)ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and(d)restrictions,reservations and easements common to the subdivision. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. DoubleTime® *** OR 4604 PG 696 *** And said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural,as context requires. - """ ' -- IN WITNESS WHEREOF,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: ___/. ..,_, ,,,,, '� ),, . . .,„, , e r, /// Ct' rc - (Seal) Witness Name: Tf c,i41 /_ ((�,/,J7 `Patricia A. Whiting V Witness` II 7 / i - ,¢ \-- " ......_. State of Florida p\--"T \ 9 County of Collier 1.--.) \(.7 ) _e, The foregoing instrument was 1 : .wledged before t thi day of , ,i,D,. 2010 by Patricia A. Whiting,who' is pe` ly known oro, a driver's licens as identification. t-' [Notary Seal] ' E ' •'!":1.1i " `'� �-� ,,,,..ort'..`,• MARY JO1N1)X1ECHOWSK] I ..: - MYCOMMISSION DD 836635 vx y��o EXPIRES:February 15,2013 My Commission kc '�••RI..1\4� BcAedTlwNctrryPut4eUnderrrnera Printed Name: Expires: Warranty Deed(Statutory Form)-Page 2 DoubleTime® INSTR 4439942 OR 4575 PG 236 RECORDED 6/9/2010 3:36 PM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $35.50 INDX $1.00 CONS $0.00 Return to: Name: Edward E. Wollman, Esq. Wollman, Gehrke&Solomon, P.A. 5129 Castello Drive, Suite 1 Naples, Florida 34103-1903 This Instrument Prepared by: Name: Edward E. Wollman, Esq. Wollman,Gehrke&Solomon, P.A. 5129 Castello Drive, Suite 1 Naples, Florida 34103-1903 -SPACE ABOVE THIS LINE FOR PROCESSING DATA -SPACE ABOVE THIS LINE FOR RECORDING DATA— PREPARATION ONLY FROM INFORMATION PROVIDED BY GRANTOR AND WITHOUT BENEFIT OF TITLE SEARCH OR OPINION. WARRANTY DEED THIS DEED, made on the I dila ,it,„* , 2008, between DALE E. CHLUMSKY, JR., .: 4S� undivided one-qua - ) interest, CHRISTOPHER F. CHLUMSKY, as to an undivi (1/4)interest, C ,'LAS D. CHLUMSKY,as to an undivided one-quarter(1/4intere .:•R I ' '4►• r . CH tU KY, as to an undivided one- quarter(1/4) interest„ first p'artyJ' oto - d -410 �� CHLUMSKY HOL IN II S L t . o •a tt iI:bi tyY ompany, (71 Vwhose post office address i • 1 Harborage Dri • Fort MJ , FL 33908, second party (Grantee); WITNESSETH, that Gr. t -r or and in consid o of the sum of$10.00, and other good and valuable consideration t s �. 'I I. !S s.'d. Grantee, the receipt of which is acknowledged, conveys to Grantee . J moixecutors, administrators, and assigns forever the following described land situat=. 'is s ter County, State of Florida: Lots 31, 32, 33, and 34, COL-LEE-CO TERRACE, according to plat thereof recorded in Plat Book 1, Page 52, of the current Public Records of Collier County, Florida. THIS PROPERTY IS NOT THE HOMESTEAD OF THE GRANTOR, NOR IS IT CONTIGUOUS TO ANY HOMESTEAD OF THE GRANTOR. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. And the Grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes accruing subsequent to the current year, and all subsequent years. OR 4575 PG 237 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Witnesses: 1,7",7,-,,..7 --,.....-,.--- (Signature of Witness) LJM KY ckve Kofi-ei (Print or/Type N ime of W t ess)icpdA (Signn'�ltturp bf WIs) 0-7U16 64 • 441 adCk (Print or Name of Witness) Co _ /, ide 4 ..04.f. k., ..0' ..tr gWitness) ' {` IS 0' R `. CHLUMSKY " Zoe....46./ (Signature of f (Priv[•r Type Na of W[gess) f ir o illi :vr: , (Sig ur . Wim s n(fgb NIL aLk (Print orpe Name of Witness) II \* -4( 7.. , Z....---1.-----1.--- 0 9 ,''''./// ded / GSo7 ,.. , (Signature of Witness) C 1 -441--E I LAS D. CHLUMS,` `7 ir-e is IL-5 (Priv r Type Na c of t /walk (Sig •re o Witnes� tM. t-lefOr (Print or T . Name of Witness) ' 1:\. l (Signature/of Witness) NRAD A. CHL . SK </ `/1 . /Co FUEL_ (Print.r Type Name f On �/ " (Signa e o 'mess I f AA. jI2ririi. (Print or y.• ame of Witness) 2 OR 4575 PG 238 r STATE OF FLORIDA COUNTY OF COLLIER q4 p he foregoing instrument was acknowledged before me this 3Iet day of , 20Q$,, by DAlg E. CF!LUIMSKY, JR., ( )who is personally known to me or (4 o produced p('i d(� f ivei C iC de as identification. ottt,tucu,, „;.' ,PIAHEN ,',6-; �i if / X • sco <790 4• 3; - State ofFlorida _ (�, *•� DD4o�353 Nro= u �t (�� -z-: Notai blic- Print Name p..yqq``el,p�n k'°A•woe STATE OF FLORIDA''gtic S.."'" ‘+ 'VCR g+ COUNTY OF COLLIER T foregoing Inst' m nt was ' a . •wled 4-a be...re\ me this ' A day of , 2008, I y 't" h .' y ` '� , I � , (t ) who is personally known '-` to me r ( ho produced ( rik41.-4/- r..1,. �`4' i a_-ntification. Mir -AA `�t��\t1►t1Ul r�r � t � 6..e44a ‘.‘ �\P hl. .may ••,.�..ss o� �MI ' c, s.444 wco��Gh 25?o State of Florida ''GGnn o•: ODD 401353 :Q ` !,r' blic- Print Name STATE OF FLORIDAf:,•; , ,,e' COUNTY OF COLLIER Q Thf. foregoing instrument wasacknowledged before m.e this I` k day of 200 by CH LAS D. HLUMSKY, ( }who is personally known to me or ( )kifho produced i,(1 C V(�VG't c2(�.52., as identification. a 1 101 ei111ii1Uf1;/; • 466144a4 `�\,\Phl.HEN/q Not ' a j- tate of Elorida 4...-.. ...-,.1,,AIS,Y,..'•.Xs 4 M . mkt A *. s... �^:*1-7. Notary Public -Print Name z. . ma 4DD401353 :•o p • Q ; , 3 *** OR 4575 PG 239 *** STATE OF FLORIDA COUNTY OF COLLIER gal - -__ T e foregoing instrument was acknowledged before me this Tai day of , 209.?, by CONRAD A. CHLUMSKY, ( ) who is personally known to me or who produced h(c i ll f r, vets L(p tt/g., , as identification. �� ' `'-4. 00A6tUdit `,..\0. ..;HENOq�c,, No ry Pu•1 - State of Florida C,( •4,26,Po"9NJ' r 10 /'l , (-ktde: LQ *= No blic- Print Name i.. .-,.:1 DD 401353 :o= 4 xxx 41437b'l OR: 4415 PG: 1498 xxX Prepared by: RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL Law Office of Antonio Faga 12/23/2008 at 08:MK DWIGHT E. BROCK, CLERK CONS 1350000.00 7955 Airport Road,N.,Suite 101 RIC FEE 10.00 Naples,Florida 34109 DOC-.10 9450.00 File Number:88-099 Retn: QUARLES !; BRADY 1395 PANTHER LANE 1300 NAPLES FL 34109 General Warranty Deed Made this December 8,2008 A.D.By Philip A.Marrone and Anna Maria Marrone,husband and wife,whose address is:3400 W. Crown Pointe Blvd.#201,Naples,FL 34112,hereinafter called the grantor,to Nazdar,Inc.,a Florida Corporation,whose post office address is: 1 199 Third Street South,Naples,FL 34112,hereinafter called the grantee: (Whenever used herein the term"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee, all that certain land situate in Collier County,Florida,viz: Lots 39,40,41,42,43,44 and 45,COL-LEE-CO TERRACE,according to the plat thereof as recorded in Plat Book 1,page 32, Public Records of Collier County, Florida; LESS that portion of Lot 43 as conveyed to the State of Florida by deed recorded in Official Records Book 113,page 15,of the Public Records of Collier County,Florida. Parcel ID Number:26880560003 and 26880480002 Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31,2008. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered rpresence: hilt / f •., •/' �sSeal i.41 �� ( ) ■ �,r Philip A./'rrone Witness Printed Name /%/�—/7/ % L Address: !r! Cro Pointe Blvd •201,Naples,FL 34112 • /.< i ' �� -� (Seal) Anna Mar', Marron Witness Printed Name ,y _ - Address: 3400 W.Crown Pointe Blvd.#201,Naples,FL 34112 State of Floria County of Collier The foregoing ins. - . . .. .•• a this 8th day of December,2008,by Philip A.Marrone and Anna Maria Marrone, husband and wi who is/are personally known to me o who has produced as identification. /dr ANTONIO FAi>/i i // MY COMMISSION Y DD 33b0:6 d tary Public •rf EXPIRES:June 5,2011 I riot Name: ".tY.W Bonen:mm nowt Nan uwawraas My Commission Expires: DEED Individual Warranty Deed-Legal on Face Closers Choice 4217692 OR: 4398 PG: UU49 RBCORDID in OFFICIAL UCOIDS of COLLIIR COOITI, FL ` 10/02/2008 at 01:420 DWIGHT 1. BROOM, CLIA COLS 150000.00 Prepared by and return to: UC 711 18.50 Kevin R.Lottes DOC-.10 1050.00,. Attorney at Law Reta: Quarles&Brady LLP QOARLIS & BRADI 1395 Panther Lane Suite 300 1395 PASTHIR LAB #300 Naples,FL 34109-7874 RAPLIS FL 34109 Consideration:$150,000.00 ' Record Deed: $18.50 Parcel Identification Nos. 26880400008&26880440000 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) This Indenture made this a?day of September, 2008, between Patricia C. Stevens, as Successor Trustee of the Patricia C. Stevens Trust dated March 10,1987 a/k/a the Patricia C.Stevens Revocable Trust f/b/o Patricia C.Stevens u/a/d dated March 10, 1987, whose post office add . .t ' ' I ' I Street South, Naples, FL 34102 of the County of Collier, State of Florida, grantor*, and Nazd, 1 c\. - "'e i i . . ion, whose post office address is 1199 Third Street South,Naples,FL 34102 of the Court, + i 'er, State of F o i <,Ar•,tee*, Witnesseth that said grantor, for and n co si eratiorrof the sum of TE • a NO/100 DOLLARS ($10.00) and other good and valuable considerations to sa' gr. torte pai�• by id rantee, he r,ceipt whereof is hereby acknowledged, has granted, bargained, and sold to the said -. '. -i d igns\forever, the following described land, situate, lying and being in Collier Coupty, ! o da •- 't: 1 I P ,,..� \ 1 L Air ] Lots 37 and 38 of COL-LEN-CO TERRACE,accordin o the Plattr"•of as recorded in Plat Book 1,Page 32,of the Public Reco 3 Collier County,Flor' 0 i :' TO HAVE AND TO HOLD,the same in fee sim fare itt ", GRANTOR fully warrants title to said land and will defend the same against the lawful claims of all persons whomsoever; except that this deed is subject to the following: 1. Real property ad valorem taxes and assessments for the current and subsequent years; 2. Zoning,building code and other use restrictions imposed by governmental authority; 3. Outstanding oil,gas and mineral interests of record,if any;and 4. Restrictions,reservations and easements common to the subdivision. *"Grantor"and"Grantee"are used for singular or plural,as context requires. DoubleTimes *** OR: 4398 PG: 0050 *** In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: CL.z ;?z Witness Name: 'i J Patricia C. Stevens,as Successor Trustee Amp Witness Name: -. Ct o—y— t% State of Florida County of Collier The foregoing instrument was acknowledged before me this 79 day of September, 2008, by Patricia C. Stevens, as Successor Trustee who[I is personally known or.KI has produced F/4 Da,- L ( as identification. -�` [Notary Seal] Printed N e: ki My Ca ssio Expires. nmi c 7 , KEVIN R.LOTTES ' /--1. 111.77) 1 1 y: • :.'s_ MY COMMISSION;l D0634811 ) I ! t \I v�;;` l XPIRES:au 1st 23,2017 / th 1 I eora• 1Tw S.Au 3 I , I N ;Ik.)) Warranty Deed(Statutory Form)-Page 2 DoubleTimea VICINITY MAP POMO ' u ' N liiiiiiillta1 Ill ci- 1111111111111111 1111111111111s■■■ LL1.1 L WS ONO �a rr Brrrrr ...a, 1111 _ I SQN G 4 ,....., 1 _ , rNuarrrr� PROJECT $J111111 �! al LOCATION `, tir' I 111&7 MAI 44 Iik i V\ a L- LI 1 ____ at ♦ r v J • SUMMARY OF MARKET ANALYSIS: Tamiami Trail & Palm Street, Naples, Collier County, Florida RaceTrac Petroleum, Inc. Collier County Planning 3225 Cumberland Boulevard Parkway &Zoning Department Suite 100 2800 North Horseshoe Drive Atlanta, GA 30339 Naples, FL 34104 Introduction Headquartered in Atlanta, GA, RaceTrac is a third-generation, family-owned company that owns and operates more than 400 RaceTrac convenience store locations across four southern states: Georgia, Florida, Louisiana and Texas. RaceTrac also owns more than 300 RaceWay stores in 12 states across the South. In the state of Florida, RaceTrac operates 179 RaceTrac stores, 48 RaceWay stores and has over 100 projects in- development across the state. RaceTrac strives to carry out the vision of being the "Convenience Store of Choice" by always focusing on our guests. We offer more than 4,000 retail and grocery items to address our guests' continuously changing needs. At our stores you can expect to be kindly greeted by one of several guest associates each time you enter our doors. We always striving to improve to have the safest and cleanest stores everywhere in which we operate. In 2012 we debuted our new 6,000 square foot model stores. These new prototypes feature indoor and outdoor seating, an expansive coffee bar, 24-hour Swirl World frozen yogurt, free WiFi, in addition to the large selection of premium beverage and food items that our guests have historically enjoyed. At the proposed RaceTrac location at the southwest corner of the intersection of Tamiami Trail, Fredricks Street, and Palm Street, RaceTrac's Market Analysis team strongly believes that this Collier County submarket is underserved in the quantity of fuel and convenience options available, and also in the quality of those existing facilities. For these two specific reasons, RaceTrac is excited about the opportunity to serve future Collier County residents at this location and we look forward to the challenge of becoming the Collier County Convenience Store of Choice! Market Analysis According to the RaceTrac Market Analysis Team,the total population within a three mile radius surrounding this site is 79,478 and the total number of employees within the same area is 71,738. Radial Distance from Proposed Intersection 0.5 miles 1 miles 2 miles 3 miles Total Population 2,896 7,870 24,508 44,207 Per Capita Income(based on Total Population) $34,932 $31,431 $36,256 $35,500 Median Household Income $42,567 $39,208 $43,816 $45,580 Total Population 2,865 7,769 24,286 44,557 Total Employees "'1,830 6,232 24,594 39,082 There are some existing fuel providers in the area. Traveling north from the proposed intersection, there are two gas stations within two miles of the site. There is a Mobil with 6 Multi-Product Dispensers (MPDs) 1.23 miles north of the intersection catering to south bound traffic and there is a Hess 2.2 miles north of the intersection also serving south bound traffic ^ with 4 MPDS. Traveling south from the proposed intersection, there are four gas stations, only two of which 2 are on the south side of the road. There is a 7-Eleven at the northeast corner at the proposed RaceTrac intersection catering to northbound traffic with 6 MPDs, a Kangaroo 0.6 miles south on the south side of the road with 6 MPDs, a Chevron with only 4 MPDs one mile south on the south side of the road, and a Hess with 6 MPDs 2.0 miles south of the site catering to northbound traffic. Company Number of MPDs Primary Direction Served Distance from Proposed Intersection Hess 4 Southbound traffic 2.2 miles north Mobil 6 Southbound traffic 1.5 miles north 7-Eleven 6 Northbound traffic -- Kangaroo 6 Southbound traffic 0.6 miles south Chevron 4 Southbound traffic 1.0 miles south Hess 6 Northbound traffic 2.0 miles south In total we have calculated 32 MPDs within a 4.2 mile stretch on Tamiami Trail. In front of the proposed RaceTrac location, there are 33,500 cars on Tamiami Trail (per FDOT's 2014 Average Annualized Traffic), which increases to 53,500 traveling west past Davis Boulevard. Admittedly, and it being the same as all real estate development, there is not a magic formula to determine a specific need for an additional fuel provider. However, it is in our opinion, which is based on over 80 years of experience in the industry, that the volume of traffic on Tamiami Trail which is being generated by the population and employees already in the area can support an additional provider. Specifically, 32 MPDs across a 4-mile stretch of road presents an opportunity for an underserved area for this sector of the narketplace. RACETRAC SETTING A NEW STANDARD IN COLLIER RaceTrac's newest prototype has been built at (3) locations within Collier County and we hope to have (5) more on the way. We believe these new stores set a very high standard for fuel and convenience providers within the market. This standard is not only in the convenience store sector, but for all retailers. Each new store features an award winning architectural design with high end exterior finishes, indoor and outdoor seating, an expansive selection of our Crazy Good Coffee, 24-hour Swirl World frozen yogurt, free Wi-Fi and the thousands of items one comes to expect from a RaceTrac convenience store. When considering the separation waiver, we ask you to compare the existing fuel and convenience providers to RaceTrac's newest efforts within the county. It is our belief that approving this RaceTrac will continue to push the existing businesses (referenced below) to improve their offering, pricing, and operational aptitude to stay competitive in the market place. Further, it is our belief that an ultimate approval of the proposed RaceTrac project would only benefit the citizens of Collier County and ensure competitive fuel-pricing, state of the art stores, and best in class operations. The images on the following pages should help illustrate the contrast in the convenience stores of the past and the stores of the future. 3 L q�"d , wr Vim, H; ist,:apf Eri,� y ye W . ,..... . ..„....,..:.,...... .,..,,„..„2„:r7.7..,_... .. , .. . . .........„:,...„.......„:„.7.::.,„„.._..... .. . . ..........„..„:„.....„........,........,........_ _..... . . ,. ....._,. .. ...... , ................., Mobil: 1.5 miles north of proposed intersection , . > s s.. .-., a • y , '%.,*., WT a.$ • � yu ^ iiill .Lri_ � �wq / �/ *w r�rti' . ,,., i; ailiki ��ao�/ T y, ,. ; � ',,, � K rte , • � `s/ ° "'`/. / '.. . ' Q L'adcr y tis: 7.�.`° , Kangaroo: 0.6 miles south of proposed intersection Kangaroo: 0.6 miles south of proposed intersection 4 ' ' € �N : � :' Vii : �_ w . Chevron:1.0 miles south of proposed intersection sx a a ti <<' i..* _.. r ,''' s,. ,r:xap'z-'„-', gx' '> .r "f'” �' >.,e.. •may eta s ` �'. a. •:- 1011441: %! X ,£ - ^" '.ya'= _- • fi' - 'r< • 'k,. „.. ••„i; uc.-:;;;447,40,,,-;:,,--�r yI ' -Y '4*,.: 4,: 'fr t` ';:',C1 I 4.. i Hess: 2.0 miles south of proposed intersection Examples of RaceTrac's current efforts in Collier County 5 Hess:2.0 miles south of proptzx,osed intersection > ilk.,\‘1i ""-"'�T s ,a ,Nspotw,N. ,, *,3,-,,,,,,/, $,-4-440, '''it ,.. ..,/ } ' r,,..,e,,•,,,e: ... a } n --J.,aa.di:t`tZ 1klF14af fr , .A ;z 7 Wl� la:+artE v....xWv.su !l• '' {' , 1111`, ' 21111f '. 14 01K111 1 I 1 - i v -^. ». :t :fin , a. ,// .,mus^ ``e'3 `/ , RaceTrac: Photo of our existing store in the city of Naples on Airport Pulling Road,Collier County F 7 ,,,, , :,-,- '.ffig,: -:* , •- e, 101 '1- ' .„ , . " "% 3r i - ,/ • cie74 . , s "giiti:,-•;'t=:,,,-a lz.,31t - 4:.:•.:•.„sf,' j z: esotim ' , + kH S } RaceTrac: Photo of existing canopy per Collier County standards. Store at Manatee and Collier Blvd. 6 l y . , rwrItt-b., ,40 G\� 111 ',7 roc';� RaceTrac: Photo of existing store at Manatee and Collier Blvd. 'ONCLUSION In our opinion the total number of Collier County residents driving daily on Tamiami Trail in front of the proposed intersection, and the total number of existing gas stations is inadequate to meet the needs of Collier County residents. In addition, we hope to bring a superior product aesthetically and operationally to the area; and further, we will bring highly competitive fuel pricing and a mix of over 4,000 retail items in order to satisfy every one of our guests' needs. Lastly, each new RaceTrac brings 20 or more new jobs to the community, and each of the markets we serve becomes a special part of the RaceTrac family. RaceTrac looks forward to serving future Collier County residents at the proposed location and throughout the County as we grow our brand through both new store growth and unparalleled guest experiences. 7 Letter of Authorization r^ I, Dale E. Chlumsky , President of Nazdar Inc., being first duly sworn, depose and say that Nazdar Inc. is the Owner of the property described as: and4886FrectgickStreet. Naples FL 34102 .,.. ... .. ��. , PARCEL # 26880200101. 26880240006, 26880400008. 26880440000, 26880480002. and 26880560003 The property described herein is the subject of an application for zoning or development. We hereby designate RaceTrac Petroleum, Inc. as the legal representative of the property and as such, this individual is authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and development approval on the site. Name of Property Owner: Nazdar Inc. By $- e_ Signature Dale E. Chlumsky. President Printed or Typed Name and Title worn to and subscribed before me this day of "t t , 201, t" , by C!h, it , who is personally known to me or who has produced as identification. He/she has acknowledged to me and before me that he/she executed this instrument for the purposes therein ex. e s-•. / / / I " 44 -1 My commission expires; Notary Public NATALUE soma P *COMM.t tpkfl Jt 17,2017 $f% C a Ne01120 Letter of Authorization I, Nicholas D. Chlumsky , Manager of Chlumsky Holdings LLC., being first duly sworn, depose and say that Chlumsky Holdings LLC., is the Owner of the property described,as: y._.-,µ......::wati+-m t.:'tsev» ,r+=,v=-.:.Ne`y¢g![9fD!1,t`s'W.;sK:..:?t+R1kfT&IWRi`<A.SM�- H_I+YRS+s++ e�a�w-1NwT--^-+Y^'a* * .+wA4d.'0'Fet� '•.:::••.Htt3!='Es'i°%Ms F[.:vtw^, ._ .:wtivs Address: No Site Address PARCEL#: 26880320007 and 26880280008 The property described herein is the subject of an application for zoning or development, We hereby designate RaceTrac Petroleum. inc. as the legal representative of the property and as such, this individual is authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and development approval on the site. . Name of Property Owner: Chlnmisl.i Holdin.s L C. ille / MAY 7 / By / sr,rrirr Sig , re Nicholas D. Chlumskv. Manager Printed or Typed Name and Title Sworn to and subscribed before me this , `day of Mcuh , 2014 , by N 1 *iDQ a lWIIASVii , who is •ersonatly know to me or who has produced as identifica ion. He/she has acknowledged to me and before me that he/she executed this instrument for the pur oses therein expressed. My commission expires: Notary Pub is • 1 P./ .911110e '7 4,,` ''i ., G.DINGBSS Print Name to. A. laiCommission it EE 153152 ,,, Expire5 s December Beoa PM cMT9ornty COLLIER COUNTY GOVERNMENT zauu NotiiH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 ..---.. www.colliergov.net (239)252-2400 FAX (239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Pi_ zo is 000z . .i -,I ' tneif-Thelnitl 4 e4 Is. 4"Ill'+rs«. mte Ir"------ ., fit'( u nt name),as Vice President ofReaf Estate and Engineering n.-..(title'if'app1icable)'of d RaceTrac Petroleum,Inc. (company,If applicable),swear or affirm under oath,that I am the(choose one)owner applicant—contract purchaser X and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed,sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize DeLisi Fitzgerald,Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation,,then it is usually executed by the corp.pres.or v.pres. • If the applicant is a Limited Liability Company(L.L.C.)or Limited Company(L.C), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee", • In each instance,first determine the applicant's status, e.g., individual, corporate, trust,partnership, estate, etc„ and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. .tit • / t lr� f �4t5� Signature D to STATE OF FLORIDA COUNTY OF COLLIER, 4GTonL/z friar.. The foregoing instrument was sworn to(or affirmed) and subscribed before me on 2_1' (date) by"C 4-,o (name of person providing oath or affirmation), as VP Omer g 1.240.), GA4-44.4-e-- who is personally known to me or who has produced • (type of identification)as identification. .011 ft tut. eao 7* ft. t , t r Signature t otary Public • a. , ps I.▪, p'.t�"«,"a;ttr fig. 0 a`' "UMW" 5/28/2015 Page 5 of 5' Co er amity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.calliergov.net (239)252-2400 Pre-Ar)piiration Meeting Notes Date and rime. Wednesday October 21,2015 at 1:30 Assigned Planner: Fred Reischl Engineering Manager(for PPL's and FP's): Project Information Project Name: RaceTrac P1#: 20150002369 Property ID#: multiple Current Zoning: Project Address: 2096 Tamiami Trail E City: Naples FL State: Zip: Applicant: RaceTrac Kristina Johnson 418-0691 Agent Name: Phone: St 1605 Hendry 33901 Fort Myers State: FL Zip: Agent/Firm Address: City: Property Owner: Nazdar Inc Please provide the following, if applicable: i. Total Acreage: ii. Proposed#of Residential Units: Footage: 59.2 iii. Proposed Commercial Square „It iv. For Amendments, indicate the original petition number: V. if there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Co-Lee-Co Terrace er County COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes ,+ (t) 1 ' (.1R _ De-/ )44-477eleci "7-r Cater County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Weioef-frorroSeparetion-Requirements for Automobile SeMeeStations-,-- Chapter 6 G. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. #OF NOT REQUIREMENTS FOR REVIEW CREQUIRED OPIES REQUIRED Completed Application (download from website for current form) Completed Addressing Checklist 1 po Pre-Application meeting notes id,. p Conceptual Site Plan 24 in.x 36 in., along with one reduced copy ifddi 81/2 in.x 11in, Warranty Deed 2 Fi Affidavit of Authorization,signed and notarized 2 Environmental Data Requirements, if required 3 LI L Aerial photographs 5 CI Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials 1 fl to be submitted electronically in PDF format. Letter of no objection from the United States Postal Service. Contact 1 Robert M. Skebe at(239)435-2122. Written Market Study Analysis *If located in the Bayshore/Gateway triangle Redevelopment Area, include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. « Please contact the project manager to confirm the number of additional copies required. 6/3/2014 Page 3 of 4 Co r Camay Ike COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 WWW.COIliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: 12 Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet reA Addressing: Annis Moxam rg Graphics: Mariam Ocheltree ir City of Naples: Robin Singer, Planning Director [1] Historical Review Comprehensive Planning: See Pre-Application 0 r---1 lmmokalee Water/Sewer District: Meeting Sign-In Sheet fl Conservancy of SWFL: Nichole Ryan Parks and Recreation: Vicky Ahmad L County Attorney's Office: Heidi Ashton-Cicko 13:1 Transportation Pathways: Emergency Management: Dan Summers; n School District(Residential Components):Amy and/or " Heartlock EMS:Artie Bay ri Engineering: Al Transportation Planning: Ei Other: El Utilities Engineering: Kris VanLengen FEE REQUIREMENTS All checks payable to:Board of County Commissioners E Pre-Apptication Meeting:$500.00 (to be credited towards the application fee if the application is filed within 9 months of pre-application meeting) ri Automobile Service Station Separation Requirement Waiver: $1,000.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner or the BZA: $500.00 Agent/Owner Signature Date Applicant/Owner Name(please print) 6/3/2014 Page 4 of 4 Cotker County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet Ft#:20150002369 Collier County Contact Information: Name Review Discipline Phone, Email ❑ Richard Anderson', Environmental Specialist 252-2483 richardanderson@colliergov.net ❑ David AnthonyEnvironmental Review 252-2497 davidanthony@colliergov.net ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net , ' Steve Baluch, P.E. Transportation Planning, 252-2361 StephenBaluch@colliergov.net 'i Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net i Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net LI Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net Cl Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchin. ROW Permitting 252-5165. markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net n Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey,P,E: Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net Li Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net 11 Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net ❑ Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ arcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net L Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net Ll Gilbert Moncivaiz Utility Impact Fees 252.4215 gilbertmoncivaiz@colliergov.net El Annis Moxam Addressing 252-5519 annismoxam@colliergov.net El Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net ".."1 ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@calliergov.net Fl Brandy Otero Transit 252-5859 brandyotero@calliergov.net Co*er Comity COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 I f I Li Brandi Pollard Utility Impact fees 252-6237 brandipollard@coliergov.net Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net, O Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum@coiliergov.net • Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov,net 11 Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net, ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net • Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net 15( Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net O Jon Walsh Building Review 252.2962 jonathanwalsh@colliergov.net 11 David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net O Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net i ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: i Name Representing Phone Clef; Email ; y ttt s1& Eats bEus-t ?fit—c stL,u 1I-tam l Val STh,vk a. ]rust F-t r r A c..d -.h ('c-` t '+ Gil, ,•35-11- t--/ty,4 40 .4-L-i„ ,ivia.ti -cam* A„ '-4 ,,,,,....,,--, ►PF eqE , -ti C ,,1, j E:- -Pi-, / I i Coiner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD Addressing©colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to theAddressingDepartment at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) D BL(Blasting Permit) 0 SDP(Site Development Plan) O BD(Boat Dock Extension) 0 SDPA(SDP Amendment) El Carnival/Circus Permit El SDPI(Insubstantial Change to SDP) O CU(Conditional Use) D SIP(Site Improvement Plan) 0 EXP(Excavation Permit) 0 SIP! (Insubstantial Change to SIP) El FP(Final Plat El SNR(Street Name Change) El LLA(Lot Line Adjustment) El SNC(Street Name Change Unplatted) El PNC(Project Name Change) 0 TDR(Transfer of Development Rights) El PPL(Plans&Plat Review) D VA(Variance) El PSP(Preliminary Subdivision Plat) El VRP(Vegetation Removal Permit) D PUD Rezone El VRSFP(Vegetation Removal&Site Fill Permit) El RZ(Standard Rezone) D OTHER Waiver-Gas Station LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) See Attached -- 11-50-25 - Those portions of Col-Lee-Co Terrace Subdivision FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) See Attached STREET ADDRESS or ADDRESSES (as applicable, if already assigned) See Attached * LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way * SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) RaceTrac at Palm Street PROPOSED STREET NAMES(if applicable) N/A SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP_- or AR or PL# CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) N/A Please Return Approved Checklist By: Email El Fax El Personally picked up Applicant Name: Kristina Johnson Phone: 239-418-0691 Email/Fax: kristina@delisifitzgerald.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number See attached folio numbers Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: 10/15/15 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED LEGAL DESCRIPTION EXHIBIT A OF FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT FOR TITILE INSURANCE, ORDER No.: 4692713, EFFECTIVE DATE FEBUARY 03, 2014 AT 8:00a.m. PARCEL I: LOTS 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 37, 38, 39, 40, 41, 42, 43, 44 AND 45, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS ROAD RIGHT-OF-WAYS PARCEL II LOTS 31, 32, 33 AND 34, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY ID NUMBERS 1. 26880200101 2. 26880240006 3. 26880320007 4. 26880280008 5. 26880400008 6. 26880440000 7. 26880480002 8. 26880560003 L:\21293-RaceTrac @ Palm Street\Permits\Collier County-SDP\LEGAL DESCRIPTION.docx DELISI FIT GERA D, 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 10th, 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. 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 - Station Waiver Narrative 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. iii. 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 - Station Waiver Narrative 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 - Station Waiver Narrative 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 - Station Waiver Narrative 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 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. RaceTrac Automobile Service - 6 - Station Waiver Narrative 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. 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 RaceTrac Automobile Service - 7 - Station Waiver Narrative 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 - Station Waiver Narrative 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 7th 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. '1 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 Plan 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 RaceTrac Automobile Service - 9 - Station Waiver Narrative 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 RaceTrac Automobile Service - 10 - Station Waiver Narrative (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. RaceTrac Automobile Service - 11 - Station Waiver Narrative 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. RaceTrac Automobile Service - 12 - Station Waiver Narrative 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". RaceTrac Automobile Service - 13 - Station Waiver Narrative 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. RaceTrac Automobile Service - 14 - Station Waiver Narrative Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 PETITION FOR WAIVER FROM SEPARATION REQUIREMENTS FOR AUTOMOBILE SERVICE STATIONS LDC subsection 5.05.05 B & Code of Laws section 2-83—2-90 Chapter 6 G. of the Administrative Code PETITION NO(PL) PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Racetrac Petroleum, Inc. State: ZIP: Address: 3225 Cumberland Blvd. Suite 100 City: Atlanta GA 30339 Telephone: (770) 431Cell:- (678) 5525390 7600 Fax: (770) 431-3953 - E-Mail Address: thardy@racetrac.com Name of Owner(s): See attached property owner list Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) See Attached / Property I.D. Number: Section/Township/Range: 1 1 /50 25 Subdivision: Col-Lee-Co Terrace Plat Unit: Lot: 17-34, Block: 37-45 Metes & Bounds Description: Address/general location of subject property: South side of US-41 between Frederick Street and Palm Street BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF 1 ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 1 of 4 er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ZONING INFORMATION Current Zoning of subject property: C-4-GTM U D-MXD Adjacent property information: Zoning Land Use N C-4-GTMUD-MXD Tamiami Trail Right-of-Way with commercial S RSF-3 i Single Family Residential E C-4-GTMUD-MXD Verizon Service Store W RMF-6 and City of Naples PD Fredrick Right-of-Way with Residential&PD across the street WAIVER REQUEST DETAIL Please address the following waiver request details on an attached separate sheet: 1. What is the extent of the waiver being requested (in linear feet)from the required 500 foot separation? (NOTE:This measurement is the shortest distance between the nearest points of any two lots occupied by an Automobile Service Station,or for which a building permit has been issued.) 2. The Office of the Hearing Examiner may grant a waiver for part or all of the minimum separation requirements set forth in LDC subsection 5.05.05 B, if it is demonstrated by the applicant and determined by the Office of the Hearing Examiner that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man- made boundaries, structures or other features which offset of limit the necessity for such minimum distance requirements. Staff's analysis and subsequent recommendation, and the Office of the Hearing Examiner's determination, are based on the following criteria as provided by LDC section 5.05.05 B. Please provide a narrative, on a separate sheet attached to this application, describing how the waiver complies with the criteria listed below to the extent you wish as it pertains to the proposed use. a. Describe the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing Automobile Service Station which may, as determined by the reviewing body, lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a four-lane arterial or collector right-of-way. b. Whether or not the Automobile Service Station is only engaged in the servicing of automobiles during regular, daytime business hours, or if in addition to or in lieu of servicing, the station sells food,gasoline and other convenience items during daytime, nighttime,or on a 24-hour basis. c. Whether the Automobile Service Station is located within a shopping center primarily accessed by a driveway or if it fronts on and is accessed directly from a platted road right-of-way. d. Whether or not the granting of the distance wavier will have an adverse impact on adjacent land uses especially residential land uses. 6/3/2014 Page 2 of 4 co 1County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Waiver from Separation Requirements for Automobile Service Stations Chapter 6 G. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download from website for current form) 72 (X n Completed Addressing Checklist 1 X n Pre-Application meeting notes ,2 x ❑ Conceptual Site Plan 24 in.x 36 in., along with one reduced copy ,2 ❑ 8 l2 in.x 11in. Warranty Deed 2 ❑ I I Affidavit of Authorization,signed and notarized 2 n Environmental Data Requirements, if required 3 n Aerial photographs 5 ❑ H Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials 1 x ,� to be submitted electronically in PDF format. Letter of no objection from the United States Postal Service. Contact 1 Robert M.Skebe at(239)435-2122. Written Market Study Analysis [ n *If located in the Bayshore/Gateway triangle Redevelopment Area, include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/3/2014 Page 3 of 4 Ciaier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: ix Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet 01 Addressing:Annis Moxam IN Graphics:Mariam Ocheltree City of Naples:Robin Singer,Planning Director r Historical Review Comprehensive Planning:See Pre-Application f Meeting Sign 1n Sheet Immokalee Water/Sewer District: I j Conservancy of SWFL: Nichole Ryan L Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Cicko I Transportation Pathways:Stacey Revay Emergency Management:Dan Summers; School District(Residential Components):Amy L and/or I-1 Heartlock EMS:Artie Bay 0 Engineering:Alison Bradford $ Transportation Planning:John Podczerwinsky Other: I I Utilities Engineering:Kris VanLengen FEE REQUIREMENTS All checks payable to:Board of County Commissioners Li Pre-Application Meeting:$500.00(to be credited towards the application fee if the application is filed within 9 months of pre-application meeting) Li Automobile Service Station Separation Requirement Waiver:$1,000.00 U Estimated Legal Advertising fee for the Office of the Hearing Examiner or the BZA: $500.00 Agent7Owner Signature Date Brian Thornton,V.P.of Real Estate and Engineering Applicant/Owner Name(please print) 6/3/2014 Page 4 of 4 DELISI FITZGERALD, INC. Planning-Engineering-Project Management RaceTrac at Palm Street Addresses and Folio Numbers: 1. 26880200101 1841 Frederick Street Naples FL 34102 2. 26880240006 1885 Frederick Street Naples FL 34102 3. 26880320007 No Site Address 4. 26880280008 No Site Address 5. 26880400008 No Site Address 6. 26880440000 No Site Address 7. 26880480002 No Site Address 8. 26880560003 2096 Tamiami Trail East Naples FL 34102 1605 Hendry Street- Fort Myers,FL 33901 239-418-0691 - 239-418-0692 fax '117'7! DELIS' FITZGERALD, INC. Planning-Engineering-Project Management RaceTrac at Palm Street Owner Information Sheet: 1. Nicholas D. Chlumsky, Manager, Chlumsky Holdings LLC 5541 Harborage Drive, Fort Myers FL 33908 2. Dale E. Chlumsky, President, Nazdar, Inc 1199 Third Street South, Naples FL 34102 1605 Hendry Street- Fort Myers,FL 33901 - 239-418-0691 -239-418-0692 fax my, .J I S/ e j j�„ i ` I h124 =I tir.,,,,,,•,..*:,.. ,144.10,3x. :-,t t ,,f,-,''.m.,r.::,,. m$,oillA z x.44,4;54("II:' ' , ..:•::„,"`•!..:•.""--,,^y %% /% i' I Imo' D .:,?4,I1,:-.N.,24.'":...,,-..,..-t,„,;:'..fts,.4i„;a4'.alAI!'',.:71i''. : :- ''- z' i "It f' ' ' 1 -wili:;:;i::,,,.,!:.: 4,.::,..„:7A::::::ei s :-.: .1---e. J „, , ri: , i rvi,,,;.A.3::?.:•••,zQolisit ''' ', ••'1 ' '''' ' / ' / •.---.7 , • . - , pit,,,•:„,,,,-!-;:i Air.:::.., .- z- ,-/,,7' - --'''''k $ „/„-',,,/ ,11?ili.li:::;;E:::::.!;;:::.-,..A,-,,70":...,i;::::;.;:!;',40.; ;04.1%-, '-11t1,.„ ,,,,t7,-,,..: ,,,,,:;-:::, . /, :,,,,ii,.. ,, L tigli e w� F ID �.`.�€ / /// / gEIII _ o :war -�' "!"ao /j �.- 3F�: ° IMI B I I o hoz i7- 9 ° m$ I :ter. 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Piz r -'` o 11 : w MARKETPLACE AT PALM N 'E R 2 (EPN#1139-STORE#XXXX) • ` R 4 + 1 g .21 41 m t:44,1'!;,..:I7;,4•"'cA i ''''o ' ,.:";,:','-."'T''' . i '�12 / / / gg 1' / , j ° 71' / g $ o 3 ' v�a yz !!P*4-44,4-111-; ',41:' ,i-•,,.-:;.!-,:.-ofiltio,,,,, - , -- / ilitf— 2 +W^ �,n /i I i ‘'..„,;;,0;.' 9 '^,'� 1 $ 2 / ;.. ;u+y^ 4,...,„,„,f,w1i5 ,{R} .64F ...034 1 ,. % ,i • k°A ..,rte � 5 /! 1 0 z 1 itis /„- , ,/i �; Ali /// //''' i € S3m1 2.% / z 2 ; ,/-Z.,:43°./ o m // ,/ a gia O\\,„,:? ` '� F >''' -' ,...-A � x 3 ” I N1 om= f `r,"�l m moi` t HITT€u \ c; m3g;I ICI ao n 1 hi\ o ®« I x� ,..1 f. I . g of i as ``�.`\ r_ li ; ®« 1 .a.. g I is ,,- ,I.,,,,321 �`\ 4 ® 2.o Ig 11 a1 1 D „ , m � .� ao g $ . • \ 'Q+ 3 \J I8 \ kg me o `n\ '�T IOK 1r a s .---- VT:,, 'i`\ `gic i I .i 1• _iii\ ' �^ i - \" �@@'' OR\TR:DELT.LO+ER: 's d k x ox._ Lo�v¢r.._ AN''''' RECORD. RACETRAC PETROLEUM,INC. *"E"""1 = T ^ A 14 DELISI FITZGES'�r�ti:L, SNC. m .OJE(:.w an a. 'e _ fRl11F..[T: / A En,] e C Y d ldanag''me' E, 2 Z 16'1 t s w �', _ MARKETPLACE AT PALM n (EPN#1139-STORE#XXXX) AGENDA ITEM 313 EXECUTIVE SUMMARY Recommendation to approve Petition VAC-PL20150002788 to disclaim, renounce and vacate the County and the public interest in one 30-foot wide public right-of-way, and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East,Collier County,Florida. (Companion to Agenda Item 8A) OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in one 30-foot wide public right-of-way, and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20150002788 has been received by the Development Review Department, Growth Management Division, from Andrew D. Fitzgerald, P.E., of DeLisi Fitzgerald, Inc., as agent for the property owner to vacate one 30-foot wide public right-of-way, and a portion of one 30- foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida. RaceTrac Petroleum, Inc., is proposing to construct a convenience store with self-service fueling pumps at the southeast corner of U.S. 41 and Frederick Street in Collier County, Florida. The subject property currently consists of eight(8) individual parcels, six(6)of which are unimproved. Two (2) other parcels previously contained the Little Italy Restaurant and a Checker's Fast Food Restaurant. RaceTrac has a contract to purchase the properties, and the current property owners have also consented to this vacation request. The properties are separated by two unimproved 30-foot wide public rights-of-way depicted as First Street and Avenue "B"on the COL-LEE-CO TERRACE Plat, Plat Book 1, Page 32. The subject rights-of-way were dedicated on the plat for the use and benefit of the public, which upon acceptance by the County created a road right-of-way easement held by the County in trust for the public. RaceTrac is requesting to vacate the entire 30-foot wide Avenue "B" right-of-way and a portion of the 30-foot wide First Street right-of-way to allow for an aggregated and cohesive development, which will be presented separately as part of a subsequent Site Development Plan application. The proposed vacated area is described on Exhibit A attached to the Resolution. The two rights-of-way that exist are each thirty (30) feet wide, which is half of the standard minimum width required by Collier County for a local public roadway. The rights-of-way have never been improved, and the County has never conducted any maintenance on the proposed vacated area. There is no public detriment associated with this vacation request for the reasons above, and because the public will still have access from Frederick Street to the west, Palm Street to the east and Mills Lane to the south. Transportation staff have reviewed and approved the petition. Letters of No Objection from various utility companies have been made a part of the submittal in support of the request. However, Florida Power and Light has utility facilities within the subject rights-of-way, and therefore has informed the applicant that they cannot agree to release their interest in the rights-of-way until those facilities are removed. As such, FPL will retain its right to use the vacated area for utility purposes until such time that FPL provides written notice to the Petitioner that all of FPL's facilities have been removed, as described in the attached Resolution. At its April 26, 2016 regular public hearing, the Board OF County Commissioners approved the scheduling of a public hearing for this petition on this date, in accordance with Resolution 2013-166. The Development Review Division has reviewed this petition and found no reason for objection. [16-EIS-0320511248888/1] This is a companion item to Agenda Item 8A, Petition # ASW-PL20150002369 for an Automobile Service Station Waiver. There are two alternative site plans for that petition. If the Board does not approve the site plan that requires the vacation of the subject rights-of-way, then this Petition to Vacate should not be approved because it will no longer be necessary. FISCAL IMPACT: The Growth Management Department, Development Review Division staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - SAS RECOMMENDATION: 1) Approve the attached Resolution, relating to Petition VAC- PL20150002788, which will vacate one 30-foot wide public right-of-way, and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A, 2) Directs the Clerk to the Board to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of COL-LEE-CO TERRACE, as recorded in Plat Book 1, page 32 of the public records of Collier County, Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department. Attachments: 1. Resolution with Exhibit A and Location-Site Map 2. Letters of No Objection 3. March 10 and March 31 Letters from FPL to Petitioner 4. Plat of COL-LEE-CO TERRACE [16-EIS-03205/1248888/1] RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN ONE 30-FOOT WIDE PUBLIC RIGHT-OF-WAY AND A PORTION OF ONE 30-FOOT WIDE PUBLIC RIGHT-OF-WAY, BEING A PART OF COL-LEE-CO TERRACE, PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED ON THE SOUTHWEST CORNER OF THE TAMIAMI TRAIL EAST (U.S. 41) AND PALM STREET INTERSECTION, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20150002788) WHEREAS, pursuant to Resolution 2013-166, Petitioner, Andrew D. Fitzgerald, Inc., of DeLisi Fitzgerald, Inc., on behalf of Racetrac Petroleum, Inc., has requested the vacation of the County and the Public interest in one 30-foot wide public right-of-way, and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida, being more specifically described in Exhibit A, attached hereto; and WHEREAS, at its , 2016 regular meeting, the Board of Commissioners, via Resolution No. 2016- , approved the scheduling of a public hearing on , 2016, pursuant to Resolution 2013-166; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law; and. WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that the County and public interest in one 30-foot wide public right-of-way, and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East, being more specifically shown in Exhibit A, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public interest and for the Public benefit. BE IT FURTHER RESOLVED, that the County does not renounce or disclaim the right of Florida Power & Light Co. to use the property described in Exhibit A for utility 1 of 2 purposes until such time that Florida Power & Light Co. removes all of its facilities from said area and provides written confirmation to the Petitioner. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of COL-LEE- CO TERRACE, as recorded in Plat Book 1, page 32 of the public records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this the day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legality: By: kl,Oft -t f Scott A. Stone Assistant County Attorney Attachments: 1. Exhibit A 2. Location-Site Map 2 of 2 . . _ . 7 5 mETRON nn.,EiPr�a SURVEYING & MAPPING, LLC 't, LAND SURVEYORS • PLANNERS EXHIBIT "A" LEGAL DESCRIPTION OF A PARCEL LYING IN SECTION 11,TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA RIGHT OF WAY VACATION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF COL-LEE-TERRACE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 37 OF SAID COL-LEE-TERRACE; THENCE N.00°39'49"W., FOR A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT OF WAY OF FIRST STREET, A 30 FOOT RIGHT OF WAY, THENCE N.89°23'16"E.,ALONG SAID NORTH RIGHT OF WAY, FOR A DISTANCE OF 210.00 FEET TO THE WEST RIGHT OF WAY OF AVENUE "B", A 30 FOOT RIGHT OF WAY; THENCE N.00°39'49"W., ALONG SAID WEST RIGHT OF WAY, FOR A DISTANCE OF 199.33 FEET TO THE SOUTH RIGHT OF WAY OF TAMIAMI TRAIL, A 120 FOOT RIGHT OF WAY; THENCE S.52°01'49"E., ALONG SAID SOUTH RIGHT OF WAY, FOR A DISTANCE OF 38.40 FEET TO EAST RIGHT OF WAY OF SAID AVENUE "B"; THENCE S.00°39'49"E., ALONG SAID EAST RIGHT OF WAY, FOR A DISTANCE OF 325.38 FEET TO THE SOUTH LINE OF SAID COL-LEE-TERRACE; THENCE S.89°23'16"W., ALONG SAID SOUTH LINE, FOR A DISTANCE OF 30.00 FEET TO THE WEST RIGHT OF WAY OF SAID AVENUE "B"; THENCE N.00°39'49"W., ALONG SAID WEST RIGHT OF WAY, FOR A DISTANCE OF 120.00 FEET TO THE SOUTH RIGHT OF WAY OF SAID FIRST STREET; THENCE S.89°23'16"W.,ALONG SAID SOUTH RIGHT OF WAY, FOR A DISTANCE OF 210.00 FEET TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON THE RIGHT OF WAY OF FREDERICK STREET AS BEING N.00°39'49"W. PARCEL SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. PARCEL CONTAINS 16,421 SQUARE FEET OR 0.377 ACRE,MORE OR LESS. METRON SURVEYING& MAPPING, LLC FLORIDA CERTIFICATE OF AUTHORIZATION LB#7071 DE J. O's sNNELL Jr. P'•FE ' ONAL SURVEYOR AND MAPPER FL•' sA CERTIFICATE NO. 5430 SHEET 1 OF 2 12940 RW VAC REV.doc 10970 S. CLEVELAND AVE., SUITE#605• FORT MYERS, FLORIDA 33907• PHONE (239) 275-8575• FAX(239)275-8457 www.metronfl.com • SKETCH TO ACCOMPANY DESCRIPTION EE SHEET I OF 2 FOR LEGAL DESCRIPTION* �.„ ..., ` EXHIBIT "A" N.. ss 144 \ LINE BEARING DISTANCE (-----N., LOT 4 \ 11 L1 N 00'39'49" W 30.00' \ 94/1 N L2 S 52'01'49" E 38.40' IP. \ 'P'G'yT \ �'lf 'N L3 S 89'23'16" W 30.00' i °� \ L2 • L4 N 00'39'49" W 120.00' a ' N — N �H) N. - I- \ •S Sri)J Q8 0 l4.1 01N '\ 7..... . LEGEND: LOT 5 I z ' N \ 70.0 N P.O.B. = POINT OF BEGINNING <� I R/W = RIGHT-OF-WAY N F- \ \• P.B. = PLAT BOOK LOT 6 I o `\ PG. = PAGE N 50.0 1 N h LOT 7 I 40.0' 40.0' 40.0' 40.0' o N 4, \ / 'N \ \ 120.0 N r o MN . LOT 21 n N PI LOT 8 v COL-LEE-CO TERRACE c"' \ N P.B.1,PG 32 0 '2.- \ o LOT 22 0 `\ LOT 9160.00'I 160.00' J Cr s N • IS m 40.0' 40.0' 40.0' 40.0' 40.0' 40.0' 40.0' 40.0' \ ` LOT 10 V., — 30.0 — \ 41 ' v, N cn a0 _ MI N CO Pg 'N N LOT 11 ' I n F r o M 0r r N o• N�- 1 w , O -J 0 0 Q 0 0 F- N t-ch F- N __1 0 -Io < M 1 H LOT 12 ' N 89°23'16"E S 410.00'1 Z oo 1-I 0 o I N 3 9" Lor 13 FIRST STREET (PLAT) 30.0 LA.I60.0 , 1 40,0' 40.0' 58.0' S89°23'16"W > W 1 I LOT 14 P.O.B. 210.00' Q al, LOT 44 o n , r co M N o0 0o 138.0' , LOT 15 '`I `� ,,,1' o Q —' 30.0 -- 1- F- 0 I- r- ~p 'O. a o 0 o J J LOT 45 01 _I 0 LOT 16 I I L3 _— —_ � 60_0_ _50.0' 50.07__ 50_0'__ 50.0___60.0__ INOMAH P.B. 2, PG 82 20' ALLEY rLOT 8 I LOT 7INOMAHILOT 68 I PG LOT5 LOT 42 K C LOT 3 I LOT 27LOT 1 NOTES: * THIS IS NOT A SURVEY* 1. BEARINGS ARE BASED ON THE RIGHT OF WAY OF FIRST STREET AS BEING N.89'23'16"E. TITLE: SKETCH OF DESCRIPTION 2. DISTANCES ARE IN FEET AND DECIMALS THEREOF. }y (�E 1' RO y 10970 S.SUITE #605D AVENUE 3. PARCEL IS SUBJECT TO EASEMENTS, 1\\V/Jill 1 \v`� RESERVATIONS OR RESTRICTIONS AND FORT MYERS, FLORIDA 33907 • SURVEYING&MAPPING PHONE: (239) 275-8575 RIGHT-OF-WAYS (RECORDED AND FAX: (239) 275-8457 UNRECORDED, WRITTEN AND UNWRITTEN). LAND SURVEYORS•PLANNERS '' LB#7071 www,metrone.com FILE NAME: FIELD BOOK/PARE: PROJECT NO.: SHEET: 12940 RW VAC REV.dwg N/A 12940 2 OF SKETCH DATE: DRAWN BY: SCALE: CHECKED BY: (S-T-R) 0 04/01/2016 BUD 1"= 100' DJO 11-50-25 4 133a1S WIVd W B UN gCr) .9.9f1N3AV ® Tr cp in coCr) W H Cl. N W cC O - ea M a Q, N AIIIIIIMI W ��P� o o FL: z W O CO ,`P N M M OWU J w N COd " ' 6 01 co cn cn 1-4 U 05::: L' MI M 193a1S)IOla3(73ad .V»3f1N3AV A911111111111111 3 rnm C I. co 7' N. 00 00 U . C:' a. ti CD kn G 0 -),E,o 6 R 1.0 r„i TWOS 0110N • cel qCI 7' G.T�C 3 y E L ^ !� �,��,tV.DfY�O F-. T6a h N Z` , ,� N v4 C w imma 9 pOg' $ O m .,:s"° -la(%2 6 0 L a�� o h w g ,t��0c_60 F_ C-/ ,, w u a tC if 01 cc,J _..... ;y o OVO2J ONIl d-12JOdaIV �Y- y �� y T ;'�w'� n�• . 1'.4, �r E > > `,rr, 3 1; 11 CIc *= 3AI2i0 321oHSAV8 i M /`*Sr Ns 2N I Y 4y O w pJ ix `i If, Q N p11111 F,m 8 a m 2 v Z g 3 1y 31NI•. ZIv /� V K 'I• `1 H-1 0 D Al '� OW UO N tE o r n TV MI Q Q fir'' F l_ v. CP K et M OF MEXICO GULF 0 i a omcast 12600 Westlinks Drive Suite 4 Fort Myers, FL 33913 Phone: 239-432-1805 March 1, 2016 DeLisi Fitzgerald Inc. C/O Andrew Fitzgerald 1605 Henry Street Fort Myers, Fl. 33901 Re: Marketplace at Palm (Right of Way Vacation) Naples Fl, Dear Andrew Fitzgerald, This letter will serve to inform you that Comcast has no objection to your proposed vacation of the address referenced above. Should you require additional information or assistance, please feel free to contact me here at 239-432-1805. Cordially, Mark Cook Project Coordinator L 201 000 2 7 ri CenturyLink - 3530 Kraft Rd. Unit 100 Naples, FL 34105 March 2, 2016 Mr. Andrew Fitzgerald 1605 Hendry St Fort Myers, Fl 33901 RE: No Objection /Vacate Right-of-Ways Project No: 21293 Dear Mr, Fitzgerald: CenturyLink has no objection to the vacation of the existing ROW located within the 4.28 acre tract at the corner of U.S. 41 and Palm St., as indicated on the copy of your survey attached to your request letter dated February 23, 2016. III can be of any further assistance,please contact me at 239-263-6210. Sincerely, 94444 e Gladys Humes Network Engineer II - E&C GXH:js cc: Easement File Chron File PL 28150002788 REv 2 Collier County Sheriff's office 3319 litr,7irxrrri Trod E'cast Norrie,A,J't,3437.,? 9-41$11, SHERIFF KEVIN J. RAMBOSIC 239.774.Mkt Y 1 V 1vw co ffier;iir('rirr.oi y r ty ,pp. �: iwsf ,P *4;', ° yam,,. .•, .: March 22, 2016 Andrew Fitzgerald, P.F. Delisi Fitzgerald, Inc. 1605 I fetidly Street Fort Myers, FL 33901 RE: Marketplace at Palm Dear Mr. Fitzgerald: Staff has reviewed your request for a letter of"No Objection" for the above described property. The Sheriffs Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. '!'hese services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriffs Office has "No Objection" to the granting of your request. if the agency can be of any further service, please advise. Sit /if ar Mi hael J. S'"erg, 1::.quire General Counsel Collier County Sheriffs Office (239) 252-0660 Mu Ujbg *TER N{ji4-% GREATER NAPLES FIRE RESCUE DISTRICT � FIRE AND LIFE SAFETY G � > .: 2700 North Horseshoe Dthre • Naples, FL 34104 Phone: (239)774-2800 Fax: (239)774-311.6 ►,. K.I/grnan Sel.+rrldi, Bile air! March 21, 2016 DeLisi Fitzgerald, Inc 1605 Hendry St Ft, Myers, FL 33901 Re: Marketplace at Palm Dear Mr, Fitzgerald, The Greater Naples Fire Rescue District has no objection to the right-of-way vacation at the Marketplace at Palm located in the southwest corner of US, 41 and Palm Street. Please note all future development will be required to comply with applicable codes. Should you have any further questions, please contact.me at (239)774-2800, Sincerely., A di .0" A, ' ,.., . Shawn M. Hanson Division Chief/Fire Marshal cc: Kingman D. Schuldt, Fire Chief SMH/sap Florida Power&Light Company PM_ March 10, 2016 Drew Fitzgerald, RE. DeLisi Fitzgerald, Inc. 1605 Hendry Street Fort Myers, FL 33901 Re: Marketplace at Palm (Racetrac at Palm) Right-of-way Vacation Dear Drew Fitzgerald, The following information is provided in response to your inquiry concerning existing electric facilities on the above referenced property. FPL will remove our existing facilities and vacate the existing easement at this location at the customer's expense. Prior to this being done provisions must be made, new easements secured and facilities constructed to serve any existing FPL customers that may be affected by your request. At the time you wish to proceed, an engineering deposit will be required in the amount of $5,105.71; this amount will be applied to the cost of this job when it moves forward. Should you choose not to complete the work the deposit would be forfeited to cover costs incurred by FPL in preparing the job. Please contact me at 239-353-6070 should you have any questions or concerns. Yours truly, 0-409, Philip Davis Associate Engineer PL 2015 00 0 2. 7 8 8 REV A NEXTera ENERGY Company Florida Power 6, Light Company,410515'"Ave SW, Naples, FL 34116 • Phone:239-353.6070, Pax:239-353-6082 FPL March 31, 2016 Drew Fitzgerald, P.E. DeLisi Fitzgerald, Inc. 1605 Hendry Street Fort Myers, FL 33901 Dear Drew Fitzgerald: Payment has been received and job has been released for the OH and UG facilites with projected completion date of early May. Racetrac has complied with FPL for the easement vacation and has no objection to release easement once facilities have been removed. It is our understanding the resolution for vacating the right-of-way will contain a provision providing for a temporary easement for the facilities until they are removed. If I can be of any further assistance, please contact me at 239-353-6070 Respectfully, Philip Davis Associate Engineer Florida Power& Light Co A NEXTera ENERGY Company 3 z,a V, : .; :'r;; H, >, h�1 `;n o e p • M ' J `.(: Yi F a 1 t. ? j F . 1xai liy4 k '' _`is.i' .::1;..L: i & r p- ,`nr ,, i�...; d o G t 4 i il3 $ $ e a r a i ef a i v i 1' t. M 4 r W sa 1 r S ' . 4- Qr. r. r. ... r. I :i ' I____________N n `1 r n. .. ,. 'A' msW4 r °•i y I ' m rn I. 1 -1 rn AI : : �:. m ,';-. E � __".. , ii-, ekziry `''fir \ g�``.,; e 'A�t� t 7] . : , / :,. ..; • tr/ yW • Z` 0. NAPLES DAILY NEWS « Friday,June 3,2016 K 19D Public Notices Public Notices NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) commencing at 5:00 P.M., on Thursday, June 23, 2016, in the Board of County Commissioner's Meeting Room, Third Floor, Collier County Government Center, 3299 Tamiami Trail East, Naples, FL. If the meeting continues past 9:00 P.M., it will be continued to Thursday, June 30,2016, commencing at 5:00 P.M. in the same location. The purpose of the hearing is to prepare a findings of fact and recommendation to the Collier County Board of Zoning Appeals/Board of County Commissioners in the following petitions: PETITION NO. ASW-PL20150002369 - Racetrac Petroleum, Inc. requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.6 of the Land Development Code, for property located on the south side of U.S.41 between Frederick Street and Palm II Street in Section 11,Township 50 South, Range 25 East, Collier t County, Florida [Companion to Right-of-Way Vacation VAC- r PL20150002788]. d And It PETITION NO. VAC-PL20150002788 - Racetrac Petroleum, Inc. D requests the vacation of the County and the public interest in e an unimproved 30-foot wide public right-of-way described as "Avenue"B"and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the Col- 1 Lee-Co Terrace subdivision plat,as recorded in Plat Book 1,Page 32 of the Public Records of Collier County.The subject property is located on the south side of U.S.41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East,Collier County,Florida[Companion to Automobile Service Station Distance Waiver ASW-PL20150002369]. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. If you are a person with adisabilitywho needsanyaccommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida No.111 June 3,2016 tXt'tl ) B AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A SPECIAL HEARING AT 5:00 PM ON THURSDAY, JUNE 23,2016 IN THE BOARD OF COUNTY COMMISSIONERS' MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES, FLORIDA. IF THE MEETING CONTINUES PAST 9:00 P.M.,IT WILL BE CONTINUED TO THURSDAY, JUNE 30TH AT 5:00 P.M.AT THE SAME LOCATION. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. MATERIALS USED MUST BE PROVIDED IN EITHER HARD COPIES (WITH A MINIMUM OF 8 COPIES PROVIDED) OR THERE WILL BE ACCESS TO AN ELECTRONIC DISPLAY USING MICROSOFT OFFICE 2010 BASED PROGRAMS (WORD, POWERPOINT, ETC.) VIA A USB DRIVE OR OTHER COMPATIBLE EXTERNAL DEVICE. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY COUNTY STAFF WITH THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. The purpose of the hearing is to prepare a recommendation to the Collier County Board of County Commissioners. PETITION NO. ASW-PL20150002369 —Racetrac Petroleum, Inc. requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County,Florida. [Coordinator: Fred Reischl,Principal Planner] B. The purpose of the hearing is to prepare a recommendation to the Collier County Board of County Commissioners. PETITION NO. VAC-PL20150002788 — Racetrac Petroleum, Inc. requests the vacation of the County and the public interest in an unimproved 30-foot wide public right-of-way described as "Avenue "B" and a portion of an unimproved 30-foot wide public right-of-way described as "First Street," according to the Col-Lee-Co Terrace subdivision plat, as recorded in Plat Book 1,Page 32 of the Public Records of Collier County. The subject property is MUvk 571-rr.IA, From: Vern Hammett To: StrainMark Subject: Option B Date: Friday,June 24,2016 12:31:39 PM Attachments: my HEX soeech.odf Submittal 2-Site Plan Option B.odf Hello Mark, Thanks for the opportunity to speak. While my effort didn't go as smoothly as I had hoped,I think you get the picture. I have attached what I prepared last night for clarity but I am not even sure if you can even accept it. Also,I attached option B which came directly from RaceTrac's ASW application,as submittal 2,on the public portal. You'll notice the road through"park"with an exit on Frederick Street. This is what caused my confusion last night. Any thoughts on why you have a different representation than I do? Regards, Vern Good Evening Mr. Strain, My Name is Vern Hammett and my wife and I live on Frederick Street, three lots south of the proposed site. I will be addressing number 4 of the waiver criteria: "Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses." I don't think anybody can deny that this proposed mega station is designed to increase foot, bicycle and particularly truck and automobile traffic. With regard to this and our acute familiarity with the existing traffic patterns in our residential areas the proposed development will have a profound and lasting adverse impact on our residential areas. If you look at both site plan options you will notice the three exits from the proposed racetrac sites; one on Frederick Street, one on US41, and the one on to Palm Street. Each of these exits has their own unique issues which will have a significant impact on the traffic flow in the surrounding area. I'd like to begin the analysis with the US41 exit. One would expect this to be the primary exit out of the facility. However, in season and anytime during rush hour, traffic on US41 backs up well past Frederick Street. This will most certainly inhibit the normal flow of traffic out of the site's US41 exit. Regardless, there will be drivers that will elect to exit here but as you can imagine, this will create a queue of idling vehicles. Recognizing this line up, many drivers will elect then to use either the Frederick Street exit or Palm Street exit. Those using the Frederick Street Exit have three different options. They can make a right turn on Frederick Street; however, anticipating the back up on US41 or the requirement to cross three lanes of traffic to get in the left turn lane on US41, most will make a left turn. They will proceed south on Frederick Street. Most will continue straight, turn the corner to Monroe and then finally make a left turn on Palm Street. This funnels commercial traffic through a residential area, my neighborhood, with infrastructure that is not designed for nor can be improved to accommodate it. Our roads are extremely narrow, have no sidewalks and can barely accommodate two passing medium size vehicles, much less the landscaping trucks and trailers prevalent at mega stations during the morning rush. In fact, we consistently see off road damage in the corner here due to vehicles that are unable to adequately make the turn. The other option following a left turn on to Frederick Street is to make a right turn on Curtis and follow it down to make a right turn on Carlton, and then a right turn on Sandpiper. Again, this is routing that takes commercial traffic through an exclusively residential area. Even if you make Frederick Street a "right turn only" exit, problems will still exist. First, driver's have to honor it. Initially, they might but it won't take long to figure out that disregarding the "right turn only" is worth the risk due to the problems already described at Frederick and US41. Most likely, however, the "right turn only" requirement will cause familiar drivers to use the Palm Street exit. The Palm Street exit has its own set of issues and to explore them thoroughly we must analyze the precarious Palm —US41 intersection where numerous accidents have occurred. This location has two major issues with the first being its geometry. Due to the curvature here, it is very confusing for drivers from both the Palm Street and the Commercial sides. In addition both Palm and Commercial are two lane roads and don't have the capacity to handle the volume during peak periods. These two items create a severe bottleneck that backs traffic up well past Washington Avenue. Because of this backup, it will render the left turn lane at the Palm Street exit virtually useless. Consequently, this will force most of the exiting traffic to make a right turn on Palm, and then either turn right onto Monroe following the previously described patterns or they can continue south on Palm, make a right on Marlin Drive which is not depicted, and then a right onto Sandpiper. Again all routes are through residential areas. I think something that is important to emphasis here is that the traffic patterns I've just described, are not new to our area. These are already utilized due to the challenging traffic situation on US41, Palm Street, and Commercial and there currently is no commercial activity presently on the site. Now, I am not naïve and understand that a commercial development here will increase traffic to some degree. However, one has to understand that this development's intensity of use and scope are of the highest order of all possible allowable activities at this location. Based on all of this, it is obvious that either one of these site options will increase commercial through traffic to an unacceptable level through residential infrastructure that isn't designed for it and as I said before cannot be upgraded to accommodate it. Next, I'd like to conclude with some general comments about the road vacations. When my wife and I were looking to buy approximately 15 years ago, there was a small Checkers franchise on the corner of Frederick Street, the restaurant, Little Italy was in operation and there was an architecturally consistent commercial building located on Frederick Street, here. This along with a review of the plat showing roads, consistent with the layout and character of the neighborhood, provided us with the confidence that this area was the correct choice for us. We knew it was zoned commercially but felt protected from large scale commercial development due to these circumstances. So, naturally I'm very opposed to the vacation of the platted roads. Mr Strain when you're making your recommendation for this waiver and road vacation, please, keep our concerns in mind. We will be adversely impacted by either proposed option. These are our homes and our daily lives. I've only covered the traffic effects. There are speakers that have already covered or will cover the damaging effects of noise, crime, lighting, and the high intensity of use. It hardly seems appropriate to degrade our quality of life in the name of commercial development, when this waiver application can be denied to protect us. i 1f` "` N Davis Blvd — a M � t Budget Car Rental �, ew Ave QJq r 9. +, E q 71 CNA �.4 U-Haul Moving & r Storage of Naples y AveFri t . The Colosse a l 4 e 1i„,,,,,,,...„), t ._. 4 Clark Ct I r'- a_ GoW -0 Prem CO ra N itis Ln kit, Smugglers Cove r�; m�.�a m f t x Ave 1 onroe AvePoint �� _ �� _� .�� ,, a pb � k vJ .\oge Rd— L as�w a Cl. hesapeake Ave �. cc 444 :``' c �' CD cn cn Can Ave Performance DetailIng 4 � � _t I Jewel Box Ave I so cil, 4, -'. Y',. ."I,,,.:7...v.'''. ..,'' ,.IP iiii E i+ gg z P a "-: gymii n *' _5..,. ;;.'')., , I 1.Ve(41 .,: : D I t � lob .01 ": ,,,, .,,,,, , :: , ,:, ,: , , ..,,,,,..,„ ,,, !: . , 1 2. VII lcire::;:dir ',":::w.:1 1 P,,,' ^7 ',Jr,,.;7 /I 7. 4i474,',,,,7 ra..a /„sem / ,!y,„„);/..!:':,s- «I IP O / ry �z Gp �5t • aI `I! �'':f i f « \ Or",/,,- °� /' , II \ v_1 / / � 9 se 0 tel .„ lig 0 "VE •� iAl I _ w « � ;; 1 \ i I In i0 I o € I e I EA \ r0 9d y3 3 IV« j I ' .e I «E« i,. . 1 v, :ett, 1 rei l I ___ j « 1 �� i! . L J111 7), p H l IoI I I '' j I el il 5 ,O m\ x \ \ �^ I COMMERCIAL ORM 1114 8z \ - D ri X �fir_ ;Rili1,- m o _ A : n r , \$ V/7 s r ."`'N Ioeril Y. o i (0.1FR'11E,'EI OPFR F?' ENGINEER OF RECORD ii 3- i= �. '' RACETRAC PETROLEUM.INC. VI xC DELIS! FITZGERALD, INC. y p9 F # LI m Planning Engrnaenng-Project Management z // /} IF Et 2 / J 1605 Hendry Street 7 ( Fon Myers418-0 91 33901 Yg g MARKETPLACE AT PALM 239-018-0691.23941&0692fax x6 g g (EPN#1139-STORE#XXXX) .m.... s.....,m....... '""""°'"`s 9 a located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida. 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'''A Budget Car Rental ;i • Q lew Ave p 7o ® /„, .„., i I. i' '4N4NN''''''....„.,N.,„/ , ,N,,,,,,04. ,,„,,,,e U-Haul Moving& r' Storage of Naples ,.. Ave _ . .. , „ , 8 Y i q?) The Colosset -4 -ki,..,,, .,, .i I1 . .,,, ,, ,s,,,..,,„,,,,,.> -•. . Na. ,,, ..\--..s.,,,„ . l E cn Clark`Ct ° ° -. 7•;;;;;';;;;;;;;';'-' _ ; __„,_ .-.,1 . , ._,.......lr.. 7,..„;: i , 7,,:;_;,.: ;,:1.6.0; tvN4 M LI, n .-;f: - �- m 2. .. .. ., ....._ . . i __, Smugglers Cove . ' ! ' I , , _ _ , ..,1...:.;-,---1,,,''''.4' t, Fes. $ ''' . ,... E t i.I € is t....-----..........4~$ S #. L I .. Point Ave f. .....4.! Monroe Ave E s �3. N ! , r L r v •\dge Rd �! 3 •� c'' E hesapeake Ave 'a ”'_7 c� z -to 4 .Carlton Ave I i r .Performance Detailing � ` r� ' _ t Jew•el..... _ve , , , ,, �s Ra _. - I i I .'.1f, D 1 ;11 / y Scott D. Windham, ASLA Windham Studio, Inc. Landscape Architect, Owner Education Bachelor of Landscape Architecture University of Florida, December 1989 Registration State of Florida, Landscape Architect, 1994, LA 000-1516 Corporate Certificate of Authorization, LC 26000365 Professional Experience Windham Studio, Inc., Bonita Springs, Florida 2005 - Present Landscape Architect, Owner Responsibilities include design, project management, client relations and business development and construction observation /administration while working within all three of the below firms. Project experience includes: Conceptual design development, design and preparation of construction drawings and specifications, site development landscape plans and related calculations (Lee, Collier, Charlotte Counties, City of Bonita Springs, City of Ft. Myers, City of Naples), cost estimation, and project management of custom residential estate, commercial site development, public roadway, municipal, private golf course community and clubhouse facilities planning projects. Outside Productions, Inc., Bonita Springs, Florida 2000 -2005 Landscape Architect, Partner/ Owner Responsibilities included same as above Smallwood Design Group, Naples, Florida 1990 - 2000 Senior Landscape Architect, Project Manager Responsibilities included same as above Affiliations Member of ASLA, 1990-Present Windham Studio,Inc.,Landscape Architecture,LC 26000365 P.O.Box 1239,Bonita Springs,Florida 34133 Phone: (239) 390-1936 Email: scott@windhamstudio.com www.windhamstudio.com From: RobbinsJeff_ieffRobbins@colliergov.net Subject: Mills LN Storm Pipe Map Date. June 16,2016 at 11:19 AM To: Misener Jr. Sterlin sterlin@me.com Good morning Sterlin, Here is the map of the major storm pipes near your location on Mills LN. There are also smaller pipes that connect to these larger storm pipes, but this is all I could pull up on my computer at this time. Like we had discussed before, this area is low lying and tidally influenced. Jerry Kurtz (239-252-5860) is the storm water engineer/ project manager and should be able to help you further if you have any additional questions. Thank you. Jeff Robbins Supervisor-Road Maintenance .4.,::,. ,'':, o e Pt h 4800 Davis Boulevard Naples, Florida 34104 Phone#239-252-8924 Fax#239-774-6406 jeffrobbinsOcolliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. RoadhAairrtenahce g30N13-Arctslnp File Edit View Bookmarks Insert Selection Geoprocessing Customee Cartegreph Windows Help ., - j ,®bin ": t. 118: _ :Gr. u 6n Y':. '.k -�; r"Q ;R:: ,o. P%- =' RC1 .`W, Q4 '" Ey z * Z.3c®.ii Table Of Contents —B X y :.-. p'? MS� _'^ .. -.a GMD CM Asset.DTSADN : ' a P ®Transportation wu '4! o `J ®Bridges it. 'yam Is ®Segments , . D # ;t'}k, ,,: ta.", ?► : 4 #11: I''''''' ''' St Storm Auxdmry Equpj �-s 1 ®Storm Basins , �I ll ;Or ,... 'Pe'-Z"'::::: , v y ®Storm Channels ®Storm Outlets a a. - l`;Euikt 1 ' - uorm Manholes '^ r. 7 ^®Storm apes I',= #5 it `, t' IP _ 0 storm Pumps f kyr - �•"BF• ,' 2 Support i -- „1 Re a+ssx .,„ "8 -4.s-*„..._, i" mo rs-r_ I — ...-'-'1-_- TAMIAMI TRAIL E(US-41,SR-90) -.. 7,"."7":::'.:' y rutrrswmirna �� y�\---„\-;;„,,,:',4A,,_ -,,-_y ` '\ ✓' "p1� i � PARCEL 1 ' -----\\ . i\ .. k ,_ . v 1. IcHL,,,,,,_)._______,J,___Hf,-- ,, , , .... ..__ ,, ,,,,,,,r...,,.... .,1 :._ . s _L.. . -- -/711. , .,1 -l'i.-N-•--;'!;' 'N: ' ,'-, .,,,,, ‘:' ' .-� •r• � er�ac RAc � ,J yN ''''''..f.4.2.4.° x s.. -!.,.. . __Iiniii ----1 .4- \/ ',.-7 -...-7:',..),-- , ..,.,_:;,-.;....',.''',...' \ PARCEL2 n '. 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Coleman Yovanovich & Koester 4001 Tamiami Trail Naples Florida 34103 irr .,N: ' .. ..„ .. ,,. -,,,, - .,,, , , , -....i, •.,,-..,- , 4-lif '-?,- \ k I I ., `� 41.***1 * \ 1 " .: '' • ... 1' ik ,y a _ i .t., * , •4,44..z - `4...--.. •'.Et , 1 . iii.m. jolt, . , rti4,,,,, , , -,....* ,,,,,,,,t f,.. '0' .4 '° 11111 - ; ti 4 ,.. ,Ili plait ; ,ii ;} . i w as t -r - M 2 I 1-.1 b,..,'.--1 ...:* - 1.111 I it-p.: ...w ....::1. . a�. .. r. Potential RaceTrac Convenience Store Site Tamiami Trail East and Fredrick Street Naples, Collier County, Florida _ I June 23, 2016 Rich Yovanovich Coleman Yovanovich& Koester 4001 Tamiami Trail Naples Florida 34103 SUBJECT: Consulting Assignment Potential RaceTrac Convenience Store Site Tamiami Trail East and Fredrick Street Naples, Collier County, Florida -- Dear Mr.Yovanovich : Integra Realty Resources—Southwest Florida is pleased to submit the following restricted format consulting report.As such, it presents no discussions of the data, reasoning, and analysis that were used in the appraisal process to develop the opinion of value.The opinions and conclusions set forth in the report may not be understood properly without additional information in the appraiser's work file. Use of the report is restricted to the client. Identification of the problem The client has requested an analysis of the potential impact(if any)of a convenience store with fuel sales on the property values of nearby residential properties. Scope of work The first step is to identify recently built convenience stores within Collier County which also have an adjacent residential neighborhood. I have identified two recently constructed RaceTrac convenience „_ stores which meet these criteria. The first is located at 1150 Airport Road,with the River Reach single family subdivision in close proximity. The second is at 6170 Collier Boulevard, with the Riverwood mobile home subdivision in close proximity. The second step is to establish a base line or control against which changes in property value can be compared. In this case I utilized all of Collier County as my control sample. Utilizing the Southwest Florida MLS system, I surveyed all single family residential transactions in Collier County since 2012, analyzing the average sale price and the average sale price per square foot for each year. I then surveyed all sales within the River Reach subdivision and the River Wood subdivision, also analyzing the average sale price and the average sale price per square foot for each year. Potential RaceTrac Convenience Store Site _ r •,,, t an%or% , ' A i• . - _ .„„„... A., e ,.(1. , , - . N. ••/ ' ' t ••••• ef li;I.' '',.4'..-d-T. * .' :: •---'.(t'''',.. \4--"...1: '1/4.*1 1 li" ' '.'t 'g�� ,+'►� izK 7 4+rte ie� M�•i'.w ver Reachy7? ario� RON 4Il t sltn�40 *O" - .s� ` P t. .., Pt':yfw.•t >>iy� �C Ama1d AVE r" ter'- ' ,r-..`�« c It p _ ;.F I _ f �. •o -�, _. _ at r ,u .- y _ ear°` RaceTrac l! �j la .' .. . _ �J t. .. y ". i lR lirY • ' ltd' -, ? ., ilr _ ... Co.orres 75ypM �� AYE 9 614- "`�° '- 11111 inn ��J a ..,.;,,, _. AVL,:..,.-.. \, i- ,_ ,'° 1-f, #t i 4.is T 1 "` y r ife i 0 Ali\ �C;` Y g$} r. 4 5 7 .. — s 4 � I ' QIP ,. V Aortal Photography January Urban-2016-Rural-2076 irr Potential RaceTrac Convenience Store Site Man d Iir 1r '.'v 1, j" .t .3:' a ,/, "III/ I i? ' I I I l 1. I .� e ,,v ;w. , .River Wood ,�e�, �.►,a1l� F .riitr, N itOtt t;s�" f} g it. ♦ �j, i#,--, *, -* + i !_i r 1 i . r RaceTracIti .s --- k�•,, a�M t : ,: � . ',, a art. aillAift +r� ifa ,, A ' " ; t . �oal ,n ) r .l• 14' �. _ +E is x4 { '"` ' # * ltl1#►3It` ". „Ave �61bt/t'iIlei � aRRatiiieu A 4.+t e ••r•iMI #%rRrpspa ._ -,44 I1411• 3 ;I! t . .olgtipt rgig fa#4 t3 liar ,:p,i i, ph jw a 'L` It 1 '~ � 'I_ ii= Ctza •'t sio t*_ t IP* :`"tdt f, * Roe***Bay 0* _ t RI — 1.1 azxci F - 0..80ft iil P.e•a;Fa; Average Sale Price Collier County $ 468,633 $ 533,890 $ 644,197 $ 725,645 $ 760,062 Year Over Year Increase 14% 21% 13% 5% 2012-2016 increase 62% River Reach $ 245,247 $ 259,486 $ 278,603 $ 326,300 $ 359,250 Year Over Year Increase 6% 7% 17% 10% 2012-2016 increase 46% River Wood $ 68,688 $ 59,113 $ 85,077 $ 136,698 $ 125,563 Year Over Year Increase -14% 44% 61% -8% 2012-2016 increase 83% The tables demonstrate that within each sample group,the average sale price and the average sales price per square foot have increased since 2012. In particular,the overall increase in sales price per square foot has been similar for each group. 56%for the county as a whole vs 59%for River Reach and 46%for River Wood.This would indicate that the development of the RaceTrac convenience store at 1150 Airport Road and 6170 Collier Boulevard have had no significant impact on values within the neighboring residential communities. I next examined recent sales of properties nearby the proposed Tamiami Trail RaceTrac site which are presented on the following pages. Each of the sales presented on the following pages demonstrate that property values have been unaffected,despite the known potential for the site to be developed as a RaceTrac Convenience store. Potential RaceTrac Convenience Store Site Adjacent Properties Sales Analysis 2023 Mills Lane Location: Northeast Corner of Frederick Street and Mills Lane Proximity: Adjacent to the South _. Legal: Lots 7 and 8, Inomah Subdivision Sales Analysis: Sale 1— Date March 14th, 2014 Price $125,000 Seller R Abner Buyer J & K Ocana Sale 2—Date February 24th, 2015 Price $170,000 Seller J & K Ocana (Kim Ocana is a realtor) Buyer S & E Misener Time 11.57 Months % Change, Overall 36% %Change, Mthl'y 3.1% %Change, Annual 37% Comments: 2015 Seller is a Licensed Real Estate Agent(SL456607)and Member of NABOR New home recently constructed on site. Per building permit PR20150930486 property is a 2Bed/28th containing 1,476 SF of Living Area. Certificate of Occupancy issued on March 10th, 2016. Construction included a 6' fence at side and rear of property along commercial uses and land. err Potential RaceTrac Convenience Store Site -- -,,i4- .,' .. '''' ,-*ii, - . '- 71 , 'f.,. - 44010-* '...' :‘--,,::. -.'7-.:'N '''':':-,,,:,, '_ ' tt 77(iniff1;="*. .. .. -Fri x } `hi ii t p- ,., ^eN. as - 1.:, _at:. ,:5•. ..1- :,.' 0•0110- '.1 lig A t: , ; N....„,„,, 4. IC1°1' Alllia, y 2©23'V'is Ln apt • a 2023 Mills Lane- Aerial irr Potential RaceTrac Convenience Store Site 2014 MLS Listing and Sale Report Potential RaceTrac Convenience Store Site 06/23/2016 1:32 pm REALTOR Report with Photos-Lot&Land Page 1 of 3 List Price: $140,000 S Price: $125,000 — "' MLS#: 213010763 Status: Sold(03/14/14) - 1111 Address: 0000 MILLS LN,NAPLES FL 34112 GEO Area: NA09-South Naples Area Property Class: Lot&Land County: Collier DOM/CDOM: 287/358 1,- -___. ..- t cri - Subdivision: INOMAH Property ID: 51691160308 Sec/Town/Rng: 11/50/25 Y '' o = Subdivision#: 422800 Zoning: e�"y A -*. Lot: 7 Parcels: 1 As ii,..At iii ,' Lot Type: Residential Lot Legal Unit: 0 Block/Bldg: PC Land Use Code Vacart Residential 4 ' ,„y.,e;`` .,,.,,. Virtual Tour URL: Development: INOMAH Other PIDs: Legal Desc: INOMAH SUED BLKC LOTS 7&8 Listing Broker: VIP Realty Grasp,Inc. Detailed Property Information ML#213010763 Property Information: Landscaped lot on a brick paver street,close to downtown Napes. Tres lot is an oversized corner Id that is ready for a hawse. 5 minutes to great dining and shopping. This quaint area is close to Naples and boasts an eclectic enclave of fomes. Drive through — this area to get a feel far the atmosphere. Approx.Lot Size: 120x 120x120x 120-Property Appraiser Office Sewer: Central Lot Size: Water: Certral Approx Sgft.Land: 0 Trees: — Rear Exposure: N Ground Cover Elevation: Land: Lot Description: Corner,Oversize Avail.Documents: Restrictions: None View: Landscaped Area Utilities: Cable,Electric,Sewer,Trash Removal Dock/BoatAccess: None — Usage: Other/See Remarks Waterfront Desc: None Road: Paved Road Subdivision Info: Fin anciaVTrans action Information ML#213010763 Total Tax Bill: $700.45 Application Fee: One Time Fees Tax Year: 2012 Spec Assessment: Spec Assessment $0 Tax Desc: County Only Land Lease: Land Lease: $0 HOA Fee: Mandatory Club Fee: Mandatory Club Fee: $0 HOA Descrkrtion: Rec.Lease Fee: Rec.Lease Fee: SO — Master HOA Fee Other Fee: Other Fee: $0 Assoc Mngmt Phone Min.Days Of Lease: Condo Fee: Num of Leases/Yr: Transfer Fee: $0 — ApprovaL None Management: Terms: Buyer Finance/Cash Maintenance: None Possession: At Closing — Special Info: Seller Disclosure Available Property Location: NotApplicable Subject to FIRPTA: No Office Information ML#213010763 — Office Code: VIPM01 Agent ID: N621416 Office Name: VIP Realty Group,Inc. Agent Name: Sheree L Gcldenbaum Office Address: 780 Seagate Dr Agent Phone: 239-248.8466 NAPLES FL 34103 Agent Fax Office Phone: 239-403-7777 Fax 239-437-7739 Agent Email: sgoldenbaum©viprealty.can Settlement Agent Information ML#213010763 Presented By:Jaren L H Slakes,11 Ir Potential RaceTrac Convenience Store Site 1111 O8(23r201 O 1 32 pm REALTOR Report with Photos-Lot&Land Page 2 of 3 Name. Phone: .... Address: Email: Listing IMormation W4213010763 Owner Name. ABNER EST JAMES Bonus Amount Non-Rep Comp 3% wtriable Rate Comm: No Auction Joint Agency' Teiget Marketing: No Foreclosure REO)- No Listing Date- 03(25/2013 Listing on kismet Yes Potential Short Sato: No Date Expiration. Address on Internet Yes Short Sale Comp. Appointment Req: No Bioggng: No + Buyer Agent Comp: 3% Appointment Phone: AVM: No Trans Broker Comp. 3% Ste of Measurements. Property ACpraaer Office Internet Sites. Broker Reciprocity Letitub NapletA.rea nArri Realty cern, Mow Group Showing Met: Vacant Listing Type' Exclusive Rgni to Sell Is there a sign on the property with Seiler contact information: No Contact Seller for Showing No Listing Broker available on contract presentation and negotiations Yes Listing Broker with perform post contract services. Yes Limited Service Listing: No ... Confidential Information MLS 213010711 Sellers disclosure to accompany all oilers Please see attachment pilot to subrnttmg an offer Driving Directions MLA 213010711 US 41 east from downtown Tyn right on Frederick.left on Ml's Lots we on the corner Sold Information lh.1213010711 Selling Agent Robert L MoorefIM Selling Agent Phone 2354/20005 Soiling Office Caldwell Banker Residential RE Selling Clive phone 235-2433300 Selling Into On Sign No S S Per Sort Sok(Financing Type Cash MEI Immo mma RereNe4 Br.ween I.N Stott,ft EPT. Potential RaceTrac Convenience Store Site 06113/2016 t 31 PM REALTOR Report with Photos•Lot&Land P;s 3 ar 5 t • .4' 4 • Min Iv. •% 4 ee 'She sauce of the tae fi p coerk inforritlian is a database compilation of in arpnttalran tact is a neva*,of the Soueno tot Fmrds Muth a Listing Service Eatn so tiRs+eS mow tdusbole Long Sangre marc b*ovate Wein orals the c°prro n,netts n to'electors toorhWat oatab tsa tom uUor and resarres all es'eights Corms",O ZOIC Th,forepaw mPom aton nchres g bu cwt ernted to,any Mormaaan 4000 tits ete a ares os qts, a Ths c,or bons space,such as mons dirremshrnA sauce footage t acWaeats,or*crisps is beiewd to be.c curets,butts nal warrant er pueranteat 1)n trfomattan Ytetad be tndeeesOenttr s et fed Were am person beteg o into a bansaclion baseQ coon t. Pt aewtwd fie keen!.H Stals 0 Potential RaceTrac Convenience Store Site — I 2015 MIS Listing and Sale Report Potential RaceTrac Convenience Store Site 06/23/2016 11:30 am REALTOR Report with Photos-Lot&Land Page 1 of 3 List Price: $205,000 S Price: $170,000 MLS#: 215004702 Status: Sold(02/27/15) VI Address: ,NAPLES FL 34112 GEO Area: NA09-South Naples Area Property Class: Lot&Land County: Collier DOM/CDOM: 27/38 1, t Ara . Subdivision: INOMAH IPA' Property ID: 51691160308 Sec/fown/Rng: 11/50P25 • 8 Subdivision#: 422800 Zoning: „it Lot 7 Parcels: b„. t Lot Type: Residenfal Lot Legal Unit: 0 `#` w t!� �' Block/Bldg: C Land Use Code: -Vacart Residential 11 =s Virtual Tour URL: Development: INOMAH Other PIDs: Legal Desc: INOMAH SUBD BLK C LOTS 7&8 Listing Broker. Waterfront Realty Group Inc Detailed Property Information ML#215004702 Property Information: Here is your chance to buy close to downtown Naples.This is on of the last double lots located within walking distance to 5th Avenue.A corner lot cn a beautiful private/reet with a tropical Key West feel.Take advantage of this amazing oppatinityto build your dream home and experience the downtown lifestyle. Approx.Lot Size: 120x120x120x120-Survey Sewer: Central Lot Size: Water. See Remarks Approx Sqft.Land: Trees: Rear Exposure: N Ground Cover Elevation: Land: Lot Description: Corner,Oversize Avail.Documents: Restrictions: None View: Landscaped Area Utilities: Cade,Electric,Sewer,Trash Removal Dock/Boat Access: None Usage: Single Family Waterfront Desc: None Road: Paved Road Subdivision Info: FInancialTransaction Information ML#215004702 Total Tax Bill: $642.00 Application Fee: One Time Fees Tax Year: 2013 SpecAssessment Spec Assessment $0 Tax Desc: County Only Land Lease: Land Lease: $0 HOA Fee: Mandatory Club Fee: Mandatory Club Fee: $0 HOA Description: Rec.Lease Fee: Rec.Lease Fee: $0 Master HOA Fee Other Fee: Other Fee: $0 Assoc Mngmt Phone Min.Days Of Lease: Condo Fee: Num of Leases/Yr: Transfer Fee: $0 Approval: Management Terms: Buyer Finance/Cash Maintenance: None Possession: At Closing Special Info: Property Location: NotApplicable Subject to FIRPTA: No Office Information ML#215004702 Office Code: WRGI Agent ID: N627044 Office Name: Waterfront Realty Group Inc Agent Name: KimberyOcana Office Address: 1395 3rd Street South Agent Phone: 724-456-0686 NAPLES FL 34102 Agent Fax: Office Phone: 239-263-1000 Fax 239-263-2079 Agent Email: kimberlyocana14@gmail.co n Settlement Agent Information ML#215004702 Presented By Julian L H Stakes,II irr Potential RaceTrac Convenience Store Site 36/23/2018 11 30 am REALTOR Report with Photos•Lot&Land Page 2 d 3 Name Phone Address: Email- Listing Information MLS 215004702 Owner Name. Jason R Kimberly Or`iin Bonus Amount Non-Rep Comp 3% Variable Rate Comm, No Auction Joint Agency Target Marketing: No Foreclosure(REO) No Listing Date 01x2112015 Listing on Internet' Yes Potential Short Sale. No Date Expiration Address on Internet. Yes Short Sale Comp Appointment Req No Bloggurg ''+n Buyer Agent Comp. 3% Appointment Phone. AVM 'oa Trans Broker Comp: 3% Src of Measurements. P'openy APOranser Office Internet Sites Bickel Reoprodty LSWub,NaplrsArea corn Pont?,Realtor corn,2illow G ouv Showing!net: None Listing Type. Eclusrie RgM to Sell Is there a sign on the property with Seller contact information' No Contact Seller for Showing No Listing Broker available on contract presentation and negotiations: Yes Listing Broker will perform post contract services: Yes Limited Service Lesting. No Confidential Information MLS 215004702 .7A41er is a l censed heal estate agent Driving Directions MLS 215001701 Located or the corner of Fredrick Street a-d M lis Lane Sold Information MLS 213004702 Selling Agent Kimberly Ocana Seting Agent Phone 724-456.0666 Sell ng Oltce Waterfront Realty Group Inc Seltrng Oehce Prone 230-263-1000 Selling Into On Sign No S S Per Sgft Sold Financing Type Cash mewoled 8y A,Aen L H Stakes rt Potential RaceTrac Convenience Store Site • p6 SELLER'S DISCLOSURE STATEMENTCr (RESIDENTIAL VACANT LAND) =OCR P,aow,l;Aodrasa. *041MM sued&I C C Lon 7 s{,MAPLES,FL 34112 —. 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MantHStouriQ ElPotential RaceTrac Convenience Store Site •" INSTR S174932 OR 5197 PG 1026 E-REc ED 9/?4/2015 10:14 AM PACES 1 '" DWIGHT E. (ROCK. CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA RFC 110.00 P on1 oI.Yo'3 CIU Sid�/16933g Permit No. A:Folio No. NOTICE OF COMMENCEMENT Slats of FLORIDA County of COWER The undersigned hereby gives notice that improvement eR be made to certain reel property,and in sceO(dlnce with Chapter 713,Florida Statutes, the toSwing idonnadon is provided in Ede Notice of Commencement Regal arp�o�,of the XVI atYet addR::! / i. n of Pr G TA/O 2. General description of Improlarnnt: r ' 4r age. - `�hrtCs OL�CI 3. Owner Information: �� y/ Lo TC a. Name and address: r 1�' i & 1ST!r r !' b. Intelsat in property: JJJJJJ```"`5 c. Name and address of to.ski'pie titleholder(d ober iron Oahe.): 4.a. COthtrador.(roma xd dress: _ b. Contractor's phone number S. Surety a. Name and Address: f(4' [ea A !"�,. 5� 3Y//Z. b. Phone number: 71'4- tfy i c. Amount of bond: tie. Lander.(name and sictess ivefi b. Lender's phone number. _ 7a. Persons%within the Stets of Florida Designated by Owner upon whom or other documents may be served as provided by Section 713.1300)7,,Florida Stetirtes: (rams ard address) • b.Phone numbers of designated persons: /1C4 • /L w� Ss. In addition to hints/11N or herself.Owner designates Fall' of l44F to recelve a copy of Manor's Notice as provided In Section 113.13( )Florida Statutes. r b. Phone number of person or entity designated by owner 9. Expiration date of notice of c m urienceent(the expiration delle is I year from the date of recording wdps a different date is specified) 11//1 *ARNNO TO OWNER ANY PAYMENTS MADE WINE OWNER AFTER THE EXPIRATION OF TIE NOTICE OF COMWENCEAENT ARE CONWDEREO IMPROPER PAYMENTS UNDER CHARTER 713.PART I,SECTION/1113,FLORIDA STATUTES,AND CAN RESULT MI YOUR PAYI . CE FOR Ibt'ROVEMENTS TO YOUR PROPERTY.A NOTICE OF COMMENCEMENT MUST SE RE'• JOB SITE WORE THE FIRST ItlND PECT)ONL IF YOU INTETO OBTAIN FINANCING,CONSULT WITH r AN ORNEY BEFORE COMMENCING WORK OR REC0ROlN0 YOUR NOTICE OP COOM NT.. _ (Signature o1 Ob er or f�v.ea,4,OOAm4 OTcanDas 1orJ 1neAla or y's I , i/u Zc��fii �9•n dSrDrtMaYs ) The fgesgoing Instrument was se kngrtlylpNd before me th dayof .r3C7+--f�- L�1SFt �).b 7�c� c (rmmeW las frit/..-t a.r% _ (type of aupurtty. e g other.trustee,Utorhsy in fact)for may. 1 - (tarns of. • . behalf of%s ern maUwnenl r es eruaAa(). DWIGHT E BROCK,CLERIC OF CIRCUIT COURT / �r' I �. - i (ScreCert ) CAROL d Oro*C ) e� .r CAROL RUIN$T 'ID - of Notary PuLtc-4" d ' ) .... _... Iprr'>Mo name of Dep h CNet) EXPIRES renal t6. cent*.Type,or Stamp Co.Trasrored Nana of Notary Public) trot ,Herr testi Personally Known OR Produced Identification Type of Identification Produced Veifticion pursuant 1e Stellar 92 S25,Florida Statutes, Under perished of perjury.I declare Chet I have read tho foregoing end that Om facts staled n it are true to the best of my knoWadge and belief (Signature of Nebo*Parson*ping Above: Rev 7r2p0/ rip Potential RaceTrac Convenience Store Site SKETCH OF BOUNDARY SURVEY "sev ow biattIdens iil 110114111e ear weft R JfIU SJISIMINealUaligalf r rMHo.m44611164rrevioaplMtwrr�Mrtw grrr I RIPON t wow MMMwrrtA•WCM*AMR IIIINC1(%:111K I. L,04I% l11t1t1�[XC. um.saINWO ar.wrsn ru►s 24 II CO Aran maw r...wnraan At steemesil wt mow r• M.rr�~p 2 r 2� i•is M.w� _ a?+�Nyf?7'W !MICASm a w1' ^ Mtb'J3'Sl'W riia Al w o rn L.h 110'P t1 a B MI •" t ACit--a....w.�. LJ 7p L — CLARK COURT '514b-i0-4 •J C� ' 3 rrenw")+.. w; a N G lab AR'MAO (1_ { 044Pa Wit ,rr?Ma+r it Ata M t ,a ca 0 LWOW tlYt ' f',r t a 5 — - I 1 +u. LOT 7 a n..k '+n .i, 7 T •• LOT 6 in . ' " 'Pr OM g!( OTe Wit' R 5tck- ; ' '# ,1 t4 Z1.0• " 1, t 1!) 0 *a v sz_ et it s. rl I k‘ qtr , - , 6.66 ci. �fl tR iron l41 Cr • 1 1 L \ thJ ° aR no to war COW A LSLANE w_ _ . __� ctortlf N +.,.. M�rtl Ql„mow1•11606161161:110%.160.116.4166011061111.�...r.i.,1......1.1111S•861116116% I.,f••j 1 I it •.161/61.16611w......t ' u'- • .,111.•11MO.P64..166!! fllYl..[+kapt .1r ...I...ir...1..1 .= ♦01.rlallFlt..l...! rte• . r..rs.s. .wor.�....� walk NIA M � t Amer wJ nq/r.tome�rrN/A��'q0 ..M= w.r..s. moo warm.MOAN ow.we NM� Is ANIWI. nrr tM ,. :Yr.'.'' .... :.� rc* s. rw+.M Loral aar � r r r .aw a ▪�w srwr<a.w.r.wrs..rs.....w. MHOS , ...s .w.rw.. ..ew..w...� - 6/1616.11•0161. ""="106,66011.11/0116.1161111116•61164.116* SIMI ferilwaritioworawlespr P.M MP Mom ONO . ...nail ..i ':t a.e.r a..e�r r M 0.166.461.11.1116.u.+ r. .Y ' ..ws D .. r i ria. i 7 .fr , �= r „—r--a.`~in..� RQ .... ramie .. ' rw ar1r .!. 'r.,.r v .+.•7 • a• nail s ..r. lel Potential RaceTrac Convenience Store Site 2071 Mills Lane Location: Eastern end (cul-de-sac) of Mills Lane Proximity: Adjacent to the South Legal: Lot 3, Block C, Inomah Subdivision Sales Analysis: Sale 1—Date May 315t, 2013 Price $35,000 Seller Michael Duncan Buyer Len & Karyn Capozzo Sale 2—Date May 23rd, 2016 Price $126,000 Seller Len & Karyn Capozzo Buyer Cory &Vanessa Eash Time 36.27 Months % Change, Overall 260% % Change, Mthl'y 7.17% %Change, Annual 86.0% Comments: Vacant Lot—Of note is the next sale which is located along the south side of Mills Lane Potential RaceTrac Convenience Store Site --.. '''''I ' * ,t ' '''' : F - ' -' ;7°'•6'--1. 1-. --.7 - " - - , 40.4!‘.-- --tt--..; ". • or- I ... ..' ' ..4. - ' 1 4r7Liti: ' ' ' • -.41 - ' ..- , _ .i t. 4-, •- . [ ! _ :..i':', -.. , , . \ • 4.0, .._.. . —.. . . - 7,....t• sat., , -...1- , • A i .,, tut: g4.:,, .:, . 44,: ., ______ _ _..\„ A I , •.,,, .., ..„, _ II 0 ' { 207 ' / ..,., 0. . Pi i ,it isoket . al ' _ I .' .. . . , . i L'i law. .... 0 Potential RaceTrac Convenience Store Site ..... 2013 MIS Listing and Sale Report MINS Potential RaceTrac Convenience Store Site 06/23/2016 1:09 pm REALTOR Report with Photos-Lot&Land Page 1 of 5 -77-- 4', « List Price: $49,900 S Price: $35,000 — ....' • '' ''u, MLS#: 212004848 Status: Sold(05/31/13) Ar • Address: 2071 MILLS LN,NAPLES FL • GEO Area: NA09-South Naples Area Property Class: Lot&Land County: Collier DOM/CDOM: 483/-- � Subdivision: INOMAH Property ID: 51691160007 Sec/Town/Rng: 11/50/25 Subdivision#: 422800 Zoning: s Lot: 3 Parcels: 1 ., Lot Type: Residential Lot Legal Unit: — Block/Bldg: C Land Use Code: 00-Vacart Residential Virtual Tour URL: Development: INOMAH Other PIDs: Legal Desc: INOMAH SUBD BLKC LOT 3 "` Listing Broker: Florida Home Realty Inc Detailed Property Information ML#212004848 Property Information: JUST REDUCED.NICE QUIET SIDE STREET,GREAT LOCATION,CONVENIENT TO DOWNTOWN NAPLES. Approx.Lot Size: 60x120x60x120 Sewer. Central Lot Size: Water. Central Approx Sgft.Land: 7,200 Trees: OthenRemarks Rear Exposure: NW Ground Cover Remarks Elevation: 0-5 Feet Land: Buld to Suit Lot Description: Regular Avail.Documents: See Remarks Restrictions: None View: Landscaped Area Utilities: Other/See Remarks Dock/Boat Access: None Usage: Single Family Waterfront Desc: None Road: Paved Road — Subdivision Info: Remarks FinanciaVTransaction Information ML#212004848 Total Tax Bill: $350.22 Application Fee: One Time Fees Tax Year: 2012 Spec Assessment: Spec Assessment: $0 — Tax Desc: City And County Land Lease: Land Lease: $0 HOA Fee: Mandatory Club Fee: Mandatory Club Fee: $0 HOA Description: Rec.Lease Fee: Rec.Lease Fee: $0 Master HOA Fee Other Fee: Other Fee: $0 Assoc Mngmt Phone Min.Days Of Lease: Condo Fee: Num of Leases/Yr: Transfer Fee: $0 Approval: None Management _ Terms: Buyer Finance/Cash Maintenance: Norte Possession: At Closing Special Info: See Remarks Property Location: NotApplicable — Subject to FIRPTA: Office Information ML#212004848 Office Code: NFHR Agent ID: N600108 Office Name: Florida Home Realty Inc Agent Name: John E Austin — Office Address: 1575 Pine Ridge Road.Ste 16A Agent Phone: 239-272-9192 NAPLES FL 34109 Agent Fax 239-353-7045 Office Phone: 239-430-3995 Fax: 239-430-6869 Agent Email: johnaustinnaples@gmail.com Settlement Agent Information ML#212004848 — Name: Phone: Address: Email: Presented By:Juten L H Stokes,/1 El Potential RaceTrac Convenience Store Site 06=1)16 1 09 pm REALTOR Report with Photos-Lot&Land Page 2 ol 5 r Listing Information M./21200464/1 Owner Name: DUNCAN,11Ci-IAEL E B onus Amount; SO Non-Rep Comp: 3% Veritable Rae*Comm: No Auction: Joint Agency No Target Marketing: Yes Foreclosure(RED): No Lasting Dap 0202/2012 Listing on Internet Yes r Potential Short Sale: No Date Expiation Address on Interilet: Yes Short Sale Comp: Appointment Req. No Bloggmq. No B eyer Agent Comp: 3% Appointment Phone; (239)272-9192 AVM; No Trans Broker Comp: 3% Src of Measurements: Property Appraise*Office r Internet Sites: Broker Reciprocity LatHub teapkesArea conn Reaita corn,Zia*Group Showing Inst: Cast Listing Agent Vacant Listing Typo- Exclusive Agency N there a sign on the property with Seller contact Irformatlon: No Contact Seller for Showing: No Listing Broker available on contract presentation and negotiatons: Yes L isting Broker Weil perform post contract services. Yes Limited Service Listing: No Confidential information MLA 212004114• --� Driving Directions MU 212004/145 Sold information MU 212004445 Selling Agent Tyler D Manrtng Se i:ng Agent Phone ... Selling Office Downing Frye Realty Inc. Suing Office Phone Selling Into On Sign No S S Per Soft Sold rinanpng Type Cash ser Tha source tithe roregong prrpatr niamaeai is a dalabase comprlalton or an argenvabon Mals a member use the SOOrwesi Fonda 1.L*hp a Udril Scrims Each Sautamwd Florida Mullets Listing Surety member areenaahon owns*ie coeyrpt Nets sen es rripednee provident database canprlywnand reserves all each nights CoarIg v 7016 TN foregoing rniamhsbon ndudbng baa nct Weed to.any Mammon about fee hie or area M hers.etrlCMas or twig space.such as roam dimentorrs square footed.calculations,or acreage at behoved to be accurate.but e ear rammed or guaranteed Ties erk►mabon should be ndepondenliy vented before any paean'nears ado a bansagrm based upon a. Febb rsn By.Arlen 1 N Stubs.ri Om Ilk Alma Potential RaceTrac Convenience Store Site 2016 MLS Listing and Sale Report Potential RaceTrac Convenience Store Site 06/23/2016 1:19 pm REALTOR Report with Photos-Lot&Land Page 1 of 3 " •• List Price: $139,900 S Price: $126,000 max MLS#: 216010264 Status: Sold(05/23/16) Address: 2071 MILLS LN,NAPLES FL 34112 GEO Area: NA09-South Naples Area Property Class: Lot&Land ' County: Collier DOM/CDOM: 66/709 w. x Subdivision: INOMAH Property ID: 51691160007 Sec/Town/Rog: // Subdivision#: Zoning: Lot 3 Parcels: Lot Type: Residential Lot Legal Unit: 0 Block/Bldg: C Land Use Code: 00-Vacant Residential +!^ Virtual Tour URL: Development: IN OMAN Other PIDs: Legal Desc: Listing Broker: VIP Realty Group,Inc. Detailed Property Information ML#216010264 Property Information: Arrive!n Olde Naples in less than 5 minutes' A partially landscaped lot on a brick paver street,within walking distance to downtown Naples Is a rarity. This quaint area is close to Naples and boasts an eclectic enclave oP homes. The lot is ready and waiting for a house and is situated on a quet cul-de-sac! Orly 5 minutes to great dining and shopping. Drive through the area to get a fed for the atmosphere. Approx.Lot Size: 60x120x60x120-PropertyAppraiser Office Sewer. Certral Lot Size: Water: Central Approx SgftLand: Trees: Rear Exposure: N Ground Cover Elevation: Land: Lot Description: Regular Avail.Documents: Restrictions: None View: Landscaped Area Utilities: Cable,Electric,Sewer,Trash Removal Dock/Boat Access: None Usage: Single Family Waterfront Desc: None Road: Paved Road Subdivision Info: ._ FloanciaVTransaction Information ML#216010264 Total Tax Bill: $426.64 Application Fee: One Time Fees Tax Year: 2015 Spec Assessment Spec Assessment: $0 Tax Desc: County Only Land Lease: Land Lease: $0 HOA Fee: Mandatory Club Fee: Mandatory Club Fee: $0 HOA Description: Rec.Lease Fee: Rec.Lease Fee: $0 Master HOA Fee Other Fee: Other Fee: $0 Assoc Mngmt Phone Min.Days Of Lease: Condo Fee: Num of Leases/Yr: Transfer Fee: $0 Approval: Management: Terms: Buyer Finance/Cash Maintenance: None -- Possession: At Closing Special Info: Property Location: NotApplicable Subject to FIRPTA: No Office Information ML#216010264 Office Code: VIPM01 Agent ID: N621416 Office Name: VIP Realty Group,Inc. Agent Name: Sheree L Goldenbaum Office Address: 780 Seagate Dr Agent Phone: 239-248-8466 NAPLES FL 34103 Agent Fax: Office Phone: 239-403-7777 Fax 239-437-7739 Agent Email: sgdderbaurn@viprealty.com Settlement Agent Information ML#216010264 Presented By:Jufan L H Stakes,11 irc Potential RaceTrac Convenience Store Site 00/M/2010 1 19 pm REALTOR Report with Photos-Lot i Land Pere 2 of 3 Name. Phone. - Address: Emelt Listing Information .J216010244 Owner Name. B onus Amount: Non Rep Comp 3% Variable Rate Comm: No Auction No Joint Agency: Target Marketing: Yea Foreclosure(REO- No Listing Date' D2/08/=018 Listing on Internet Yes Potential Short Sale: No Date Expiration. Address on Mtsrnet: Yes Short Sale Comp. Appointment Req: No SloggIg_ No B uyer Agent Comp: 3% AppoinUment Phone: AVM: No Trans Stoker Comp: 3% Src of Measurements: P+oPerty Appraser Office Internet Sties. Broker Reaproaty Homes corn L reHut NaplesAree corn Realtor corn Zdlow Group Showing Inst See Remade Listing Type' E duswe Rght to Sell is there a sign on Me property with Seller contact Information: No Contact Seller for Showing No Listing Broker available on contract presentation and negotiations Yes Listing Broker will perform post contract services: Yes Limited Service Listing. Ilio .. Confidential Information MLP 216010244 Driving Directions I 1216010244 US 41 east horn downtown Turn right on Frederick.left on Mills Lots on the fell hand side of the road Sold Information la./21601026/ Selling Agent Sher**L Goidenbaum Soling Agent Phone 235.21606 Selling Offrce VIP Realty Group,Inc. Soling Office Phone 236103a777 Selling Into On Sign No S S Pei Sgft Sold Financing Type Cash Ama awe PreNNar4 ay.Min I.N Stales,Cl Potential RaceTrac Convenience Store Site mom AM Addenda MEWL OEM INIM AMER Potential RaceTrac Convenience Store Site MI Integra Realty Resources, Inc. Corporate Profile Integra Realty Resources, Inc.offers the most comprehensive property valuation and counseling coverage in North America with 58 independently owned and operated offices located throughout the United States and the Caribbean. Integra was created for the purpose of combining the intimate knowledge of well-established local firms with the powerful resources and capabilities of a national company. Integra offers integrated technology, national data and information systems, as well as standardized valuation models and report formats for ease of client review and analysis. Integra's local offices have an average of 25 years of service in the local market,and virtually all are headed by a Senior Managing Director who is an MAI member of the Appraisal Institute. A listing of IRR's local offices and their Senior Managing Directors follows: ATLANTA,GA-Sherry L. Watkins.,MAI,FRICS MIAMI/PALM BEACH,FL-Anthony M.Graziano,MAI,CRE,FRICS AUSTIN,TX-Randy A.Williams,MAI,SR/WA,FRICS MINNEAPOLIS,MN-Michael F.Amundson,MAI,CCIM,FRICS BALTIMORE,MD-G.Edward Kerr,MAI,MRICS NAPLES,FL-Carlton J.Lloyd,MAI,FRICS BIRMINGHAM,AL-Rusty Rich,MAI,MRICS NASHVILLE,TN-R.Paul Perutelli,MAI,SRA,FRICS BOISE,ID-Bradford T.Knipe,MAI,ARA,CCIM,CRE,FRICS NEW JERSEY COASTAL-HalvorJ.Egeland,MAI BOSTON,MA-David L.Cary,Jr.,MAI,MRICS NEW JERSEY NORTHERN-Matthew S.Kra user,CRE,FRICS CHARLESTON,SC-Cleveland"Bud"Wright,Jr.,MAI NEW YORK,NY-Raymond T.Cirz,MAI,CRE,FRICS CHARLOTTE,NC-Fitzhugh L.Stout,MAI,CRE,FRICS ORANGE COUNTY,CA-Steve Calandra,MAI CHICAGO,IL-Eric L.Enloe,MAI,FRICS ORLANDO,FL-Christopher Starkey,MAI,MRICS CINCINNATI/DAYTON,OH-Gary S.Wright,MAI,FRICS,SRA PHILADELPHIA,PA-Joseph D.Pasquarella,MAI,CRE,FRICS CLEVELAND,OH-Douglas P.Sloan,MAI PHOENIX,AZ-Walter'Tres'Winius Ill,MAI,FRICS COLUMBIA,SC-Michael B.Dodds,MAI,CCIM PITTSBURGH,PA-Paul D.Griffith,MAI,CRE,FRICS COLUMBUS,OH-Bruce A.Daubner,MAI,FRICS PORTLAND,OR-Brian A.Glanville,MAI,CRE,FRICS DALLAS,TX-Mark R.Lamb,MAI,CPA,FRICS PROVIDENCE,RI-Gerard H.McDonough,MAI,FRICS DENVER,CO-Brad A.Weiman,MAI,FRICS RALEIGH,NC-Chris R.Morris,MAI,FRICS DETROIT,MI-Anthony Sanna,MAI,CRE,FRICS RICHMOND,VA-Kenneth L.Brown,MAI,CCIM,FRICS FORT WORTH,TX-Gregory B.Cook,MAI,SR/WA SACRAMENTO,CA-Scott Beebe,MAI,FRICS GREENSBORO,NC-Nancy Tritt,MAI,SRA,FRICS ST.LOUIS,MO-P.Ryan McDonald,MAI,FRICS HARTFORD,CT-Mark F.Bates,MAI,CRE,FRICS SALT LAKE CITY,UT-Darrin W.Liddell,MAI,FRICS,CCIM HOUSTON,TX-David R.Dominy,MAI,CRE,FRICS SAN DIEGO,CA-Jeff A.Greenwald,MAI,SRA,FRICS INDIANAPOLIS,IN-Michael C.Lady,MAI,SRA,CCIM,FRICS SAN FRANCISCO,CA-Jan Kleczewski,MAI,FRICS JACKSON,MS-John R.Praytor,MAI SARASOTA,FL-Carlton J.Lloyd,MAI,FRICS JACKSONVILLE,FL-Robert Crenshaw,MAI,FRICS SEATTLE,WA-Allen N.Safer,MAI,MRICS KANSAS CITY,MO/KS-Kenneth Joggers,MAI,FRICS SYRACUSE,NY-William J.Kimball,MAI,FRICS LAS VEGAS,NV-Charles E.Jack IV,MAI TAMPA,FL-Bradford L.Johnson,MAI,MRICS LOS ANGELES,CA-John G.Ellis,MAI,CRE,FRICS TULSA,OK-Owen S.Ard,MAI LOS ANGELES,CA-Matthew J.Swanson,MAI WASHINGTON,DC-Patrick C.Kerr,MAI,FRICS,SRA LOUISVILLE,KY-Stacey Nicholas,MAI,MRICS WILMINGTON,DE-Douglas L.Nickel,MAI,FRICS MEMPHIS,TN-J.Walter Allen,MAI,FRICS CARIBBEAN/CAYMAN ISLANDS-James Andrews,MAI,FRICS irr� Integra Realty Resources Carlton J. Lloyd, MAI Southwest Florida Experience 4795 Enterprise Avenue Senior Managing Director of Integra Realty Resources Southwest Florida Naples,FL 34104 Naples and Sarasota,Florida Actively engaged in real estate valuation since 1995.Territories include Collier,Lee, T 239.643.6888 F 239.643.6871 Charlotte,Sarasota,Manatee, Desoto and Hendry Counties. Experienced in residential (single and multi family),office buildings,restaurants,commercial retail centers, industrial warehouse properties,and subdivisions. irr.com Specialty experience includes self storage facilities,condominium conversions,golf courses and country clubs. Clients include,but are not limited to:federally insured lenders,developers,investors, law firms,mortgage banking firms,local,state,and federal agencies,and individuals. Valuations have been performed for condemnation purposes,estates,financing,equity participation and due diligence and litigation support. Valuations and market studies have been done on proposed,partially completed, renovated and existing structures. Professional Activities & Affiliations Appraisal Institute, Member(MAI)Appraisal Institute, Member(#406018),August 2008 Member: International Right of Way Association,October 2009 Licenses Florida,State Certified General Real Estate Appraiser,RZ2618,Expires November 2016 Education Carlton graduated with a Bachelor Of Arts Degree from the State University of N.Y.at Albany in 1989. Recent real estate courses include :Appraisal Al Course 700 GRE:The Appraiser as an — Expert Witness,Al Course 715GRE Condemnation Appraising:Principles and Applications, Al Course:Analyzing Distressed Real Estate,Al Course Small Hotel/Motel Valuation,Al Course Condominiums,Co-Ops and PUDS,Florida State Law Update, Florida Supervisor and Trainee Roles&Rules,7Hour USPAP Update,Business Practices and Ethics. El_ clloyd@irr.com - 239.687.5801 x Integra Realty Resources Carlton J. Lloyd, MAI Southwest Florida Qualified Before Courts & Administrative Bodies 4795 Enterprise Avenue Qualified as an expert witness in U.S.Federal Bankruptcy Court, US District Court-Tampa, Naples,FL 34104 Collier County Circuit Court,Lee County Circuit Court and the Tax Appeals Board of Lee County T 239.643.6888 F 239.643.6871 Case History: _ Gregory Montwill,v.Bank of America, N.A.,United States District Court Case No. 13-02965-SDM-TGW,Ongoing irr.com Six Mile Preserve LLC v.Kenneth M.Wilkinson,as Property Appraiser,Property Tax Appeal Case No.13-CA-000704 September 2014 First Berkshire Properties,LLC,v.Kenneth M.Wilkinson,as Property Appraiser,Property • Tax Appeal Case No.13-CA-000702 September 2014 Encore Bank v Implant,General&Cosmetic Dentistry Bankruptcy Case (8:12-bk-18834-MGW)June 2013 Bank Of America/Merrill Lynch V D'Agostino Bankruptcy Case(9:12-bk-06762)January 2013 Rookery Bay Business Park,LLC Bankruptcy Case(12-38298-LMI)May 2013 RP Bonita V Acaia,Pending Arbitration Hearing (Settled August 2013) Lake Lincoln,LLC V Manatee County Case 2012-CA3483(ongoing) UPS Capital V Surety Title Corp,Collier County(09-4938 CA)Deficiency Hearing Synovous Bank V Belaj,Collier County(11-1460-CA)February 2012 Deficiency Hearing Bank of Naples v Palmyra Club Investors Collier County(09-7986-CA)August 2011 Deficiency Hearing BB&T Vs.Naples Plastering Collier County(10-2881-CA) Deficiency Hearing August 2011 BB&T Vs Rialto Holdings Lee County Deficiency Hearing February 2011 RBC Vs R&D Collier Collier County Deficiency Hearing May 2011 Fiddlers Creek Bankruptcy Hearing Federal Bankruptcy Court Case 8:10-bk-03846-KRM Multiple dates 2011 Moody River Estates,Lee County 20th Circuit Court Case 07-CA-88197.August 2010 -- BB&T vs Lee Wetherington Homes.Lee County 20th Circuit Court Case 07-CA-88197.June 2010 Eight Peaks Capital Vs Bald Eagle Group LLC Federal Bankruptcy Court Case 08-8902CA-01 April 2010 -- Bank Of Florida vs Bradford Square Collier County Uniform Case Number 112009CA0025920001XX April 2010 ■ clloyd@irr.com - 239.687.5801 x RICK SCOTT, GOVERNOR KCN LHVVJUIN, JCI.P(C I/Arc T STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD LICENSE NUMBER - RZ2618 The CERTIFIED GENERAL APPRAISER Named below IS CERTIFIED w _. Under the provisions of Chapter 475 FS. - Expiration date: NOV 30, 2016 ❑ " 'I• 0 LLOYD, CARLTON J . ' i lI • 4795 ENTERPRISE AVE •••''T� • NAPLES FL 34104 • ISSUED 09/21/2014 DISPLAY AS REQUIRED BY LAW SEQ# L1409210006298 COLEMAN 'l Kevin G Culernan Rrchard O Ynvanovrch Ednrnnt!I Koester YOVA N 0 Q\/1 H MBuie'Gregory 1.Urbanctr Matthew l Grabinski Cra b Grider KOESTER TEl Harold J.Ydebre G.Helen Athan Caroline M aglinlo�(harlesA.13.,Thomson i � J [ David!Orem Mich el d).GentzlelMatthew R.Devisse;Of counsel:Kenneth R.Johnson RaceTrac — Palm Street HEX Agenda Meeting June 23, 2016 Prepared for: Heidi Ashton-Cicko, Assistant County Attorney Table of Contents Tab Date Document No. 1 Prior Distance Waiver Petitions A Bayshore/41 B Sam's C 7-Eleven 2 Old Zoning Maps 3 Deeds 4 Collier County Property Appraiser—List of Property Owners 5 Perspectives (photos) 6 Exhibit—Hours of Operation 7 Exhibit—Separation Gas Station Lot Line to Residential Lot Line 8 Market Analysis 9 Resume—Andrew Fitzgerald 10 Resume—Brad Galland { PRIOR DISTANCE WAIVER PETITIONS \rN‘ • EXECUTIVE SUMMARY lose PETITION NO. ASW-98-1, BLAIR A. FOLEY,P.E. OF COASTAL ENGINEERING CONSULTANTS, INC. REPRESENTING ANTHONY VOIGHT, REQUESTING A 400-FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY LOCATED AT 2934 TAMIAMI TRAIL EAST (U.S. 41), FURTHER DESCRIBED AS A PORTION OF LOTS 1 THROUGH 10 AND LOTS 36 THROUGH 42, ROYAL PALM TERRACE UNIT 1, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. k OBJECTIVE: The petitioner seeks a waiver of the minimum separation requirements set forth in Section 2.6.28.of the Land Development Code(LDC) if it is demonstrated by the applicant and determined by the Board of Zoning Appeals that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. The petitioner wishes to relocate an existing, non-conforming service station from the northwest corner of the intersection of U.S. 41 and Shadowlawn Drive across the intersection, to the southeast corner of the intersection of U.S 41 and Bayshore Drive. A significant amount of property at the existing Texaco station site was taken to accommodate the U.S.41 road-widening project currently under construction. As a result, the existing Texaco station in its present location is dysfunctional due to access, internal site circulation, and parking constraints. CONSIDERATIONS: The subject site is located at the intersection of U.S.41 and Bayshore Drive. The site is 1.93 acres in area and has 345 feet of frontage on Bayshore Drive and 263 feet of frontage on U.S. 41. The site is presently developed with an 1,800 square foot building with three (3) drive-thru islands, and was formally used as a bank.The petitioner's proposed site plan indicates that the bank building is planned to be converted to a convenience store. The pump islands will be located to the rear of the convenience store, and an automotive service building is planned to be located at the rear of the site, behind the pump islands. Access to the site is planned from two (2) existing driveways, one from e ; U.S. 41 and one from Bayshore Drive. The site is surrounded by commercial development to the south, east and west.The site abuts an existing commercial shopping center to the south, a Pizza Hut restaurant to the west and an existing Mobil automobile service station to the east, across Bayshore Drive. Staff's analysis and subsequent recommendation, and the Board of Zoning Appeals determination, are based on specific criteria as set forth in Section 2.6.28. of the LDC. These criteria generally address the existence of natural or man-made buffers,or other mitigating circumstances which may help lessen the impact on surrounding properties, especially residential, from the high level of intense use which typically occurs on automobile service station sites. Staff's findings based on these criteria are summarized below. .The site is located at the intersection of U.S. 41 with Bayshore Road/Shadowlawn Drive. There is an existing Texaco station at the northwest corner of this intersection which is propose to bc,;GE'r"�":'(7 C relocated to the southeast corner provided a separation waiver is granted. There is an e 'sting Mobile automobile service station at the southwest corner of the same intersection. Sep ratiTdihl 5 1998 1 . '.r _ Pn. . . • - - . . • ....,i.4.€1:: ..a.,....._75,....71,73,..,, , ,. 4‘4,4.;., • . 1••••••MAIL CU S.41) ';',.!'"' ..•• ,-..,I..;.- .. 1 • 1- ‘:.:i..":2,_: 0 r SI OX0.2TTL-.mg 1104:1 (C.A.NW) •.i: '''''.. :•1'..,. 0>0 fell 1 •- Z -4 . . . • ... • 71 I • 2 2 R9.111 ; i 61 , - Ii • - _ ,g1.,-,- -. iii F i g riv• . r.';''''.' dir.. • lb II\ t &' • ..;..., X I i / 4 a I . X i . i . U .) 1 3 1 / I i 1.1,..G.S71).Sa3.•.0 , . .. 1 , 1 I ' 1 , - •, I % t ti 11 ii 1- I .02.11.Cof ii' 1.....0,••41 i •04 I Ili 581 Pr, e._ P j*r- 7oycy.4 ram .- ' .:8'IN..-..',,,.- 6- • , P :,...,,,!....i.,..,:-.g1 ..,-.,e...,. 4,.4`4" El i 111'1 CO.INIT SA"/10.0 17. 1 PP A 1 X . ' ".., 74 • t. a . ,---\ • z 0 3.4t co * —Z-7al!r oiolaillimir co 1p - — - -t=1 t==fr= L_ _J L_ I -t--.:=1, ,..r ..!-, • .... •6 . i21111: . i= _ 41111 -G-1-' • I 1 . MAW sr. 1-- II r---- r --, e— I _. 1- — - o 1 1 1 I f ; -r 0 (i) •,-;•• . -0- -0-i i 1- - -- - - -4 m PreLpoti.04.t I I V .--1 — — 71 :j.: m 114,704AC lon4 0,211.Y 110,441) : I --11T-i-1-1111111111 III 11 ......i,t..,I.y , . •tki.1 ' . • .........,..I... R..+, 1 I :":•:,:t;,..E' . . ..fiti X 0 I 11 111111111 I I I-I I I l'H I Iiir';'•• ' . IIIIIIIIIIIIIII 1111111 urfOr OT4 :, NO I % 4. A NINIEI 1 i I i -1 . 1I .-R' . , / ...1.AmININIIIIIN , ....i i , -, ,......-- - - • ,... 0 , _ _ , ,.. .. , 1 , :•. i-. . I X.".1 *"4 ' 1 j r- --kentm ITEM • 1., _ _... /7e- .•- "".. ' ..:-N.• I 1 1 1 1 1 it i - I i - i L-- -10::°,' : I ... 7.77/ / .:• . • f I f.S. „. i I .. ;,k,:..;i:. '--. „ 1 1 1 1 1 1 91 II , , , :- 1 , 11 , ,A, I , I . 7/ I I Li (Y I I I .I.-- IT 1 1 I 00•0•1-.JU..4 MAP i...-./. I I . :DE 1. 1998 I —1-- I , I pn • '1- .4:'• ' - �� • Mobile site and the subject sift is an existing 100 foot right-of-way(Bayshore Drive). Bayshore 0.4';:;:t'' Drive is classified as a 4-lane collector roadway. Although there are no landscape medians or other natural features to provide additional buffering between the Mobile site and the subject site, • ti.',:: ''', .;nevertheless Bayshore Road is a 4-lane collector roadway which provides some measure of i `', ,o4 4'se aration between the sites. Use of the site as an automobile service station should not negatively : t „f 4 :im act surroundingproperties.The project site has frontage on two (2)major road right-of-ways, PP P g j _ and the rear and east sides of the site abut commercially zoned and developed properties.There arc . no adjacent residential uses. The automobile service facility will operate during normal daytime .'` 'sf: business hours.The convenience store and gasoline sales will operate on a 24-hour a day basis.A 24-hour convenience store operation should not negatively impact surrounding commercial SC O f.3development. ;i 0` .Under the appropriate conditions of approval of this separation waiver request, the relocation of the tib; existing Texaco Station to the southeast corner of the intersection will result in no net increase in Is _ the number of service stations at the intersection of U.S. 41 with Bayshore Road/Shadowlawn Drive. Granting the requested separation waiver under certain conditions will have the effect of `.: eliminating an existing non-conforming automobile service station atone corner within the I - .y �l` intersection, and replacing it on a larger site, at a different comer, within the same intersection.The ! f ` ••,e: f• larger site will have the ability to be developed and redeveloped in conformity with the current Lard 3 1'w� . •Development Code criteria for the construction of automotive service stations. In some respects, • -:,.:*74.4..1--!s.. development of an automobile service station in conformance with the current criteria as defined in s {; the Land Development Code, in an of itself creates a buffering mechanism to the nearby Mobile ,a `4.41 ,-:: ,, station.The newly adopted development criteria, especially with regard to setbacks and landscape Y , requirements,will assist to reduce negative impacts associated with use of the proposed site for an ` x��jpt':u automobile service station. Relocating an existing service station to the subject site will conform =c - - with with the purpose and intent of the ordinance in that the high levels of traffic, g glare and intensity of use associated with service stations will not negatively impact nearby residential land uses. i , 7 FISCAL IMPACT: i. :,) R .This separation waiver request by and of itself will not have a fiscal impact on the County. .1 ,, `However,if this request meets its objective, aportion of the qexisting land will be further developed. .. " The mere fact that new development has been approved will result in a future fiscal impact on ,g County public facilities.The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees arc used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for j • public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to l fy. ,. build needed facilities. 11 . x` -, GROWTH MANAGEMENT IMPACT: The granting of this waiver request will have no impact on the Growth Management Plan. r h70.4:::'''''' .-. 1 -. ;' ;' HISTORIC/ARCHAEOLOGICAL IMPACT: r :v -z Staff's analysis indicates that the petitioner's property is located outside an area of historical and , it ;: archaeological •probability as referenced on the official Collier ProbabilityMap .7 . H'4� ,;i/4% County ITEM .' no Historical/Archaeological Survey and Assessment is required. "° _-__:- ...„...11C r '' r 0 `; �F4 DEC 1 5 1998 �,• 2 =I STAFF RECOMMENDATION: l 'r Staff recommends approval of the waiver from separation requirements for automobile service r `- '�... stations from 500 feet to 100 feet subject to the following conditions: 1. Prior to the issuance of a certificate of occupancy for the subject site, the existing Texaco site • located at the northwest corner of the intersection of U.S. 41 with Bayshore Drive, shall not continue to operate as an automobile service station without first obtaining a waiver of distance • requirement as required in Section 2.6.28. Upon approval of a distance waiver, and prior to the issuance of a certificate of occupancy for this site as an automobile service station, it shall be brought up to conformance with the all applicable land development code requirements or obtain the necessary variance(s) to the code requirements. €• ^q . 2. The site plan submitted with this application is considered conceptual only. Development of the :` _ . subject site as an automobile service station shall be required to comply with all applicable Collier County codes. PREPARED BY: k.i • •'```* USAN MURRAY, AICP (/ DATE i . . • ; CHIEF PLANNER 4 REtiIE/ 1 ED . • BY ` 11 , . it .1/4...6_,\L \ ' ' .. RO ALD F. NI/40,A-ICF DATE • CURRENT PLANNING MANAGER • "— - `' ROB T J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR • 'r'. APPROVED BY: > t /._ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE - COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS. . i® ';tt:_ 'Petition Number: ASW-98-1,Voight's Texaco - �. AGENDA LTE y Executive Summary/Staff Report for December 8, 1998 BZA Meeting. ✓ /7C ` DEC 15 1998 .fir ,t 3 , , jfQ.L • 4 f Kt r I , . y,r ';;07/27/98 12:59 FAX 9416436968 COLLIER CO COYPU ITV DEQ• 14002 �ti.. ! �Sj.�' rev s , :sr I L PETITION F OR WAIVER FROM SEPARATION REO•O REhSENTS ,! • i :UTO • : 1 • Si . r V . S • ECEIVED Petition No.: ASK• 9 $ - U Data• Petition Received: SEP 14 1998 T Planner Assigned -. I. , /. • PLANNING SERVir,FR . ...:-.f .e.g :,..-' TO BE COMPLETED BY STAFF •``" Petitioner's Name:• Anthony Voigt Petitioner's Addres:: 2891 Tamiami Trail E. , Naples, Florida 34112 III.. Fax: N/A Telephone: 774-0994 Agent's Name: Blair A. Foley, P.E., Coastal Engineering °onsultants, Inc. i Agent's Address : - 3106 S.Horseshoe Drive, Naples, Florida 34104 i Fax: 643-1143 Telephone: 643-2324 Legal Description of Subject Property: See Boundary Survey Subdivision: Royal Palm Terrace Unit 1 Lot(s) Block(s) Section 11 Tx p. 50S Range 25E Property Y.D.# ,,:.):: COLLIER COUNTY COMMUNITY DEVELOPMENT c` ' PLANNING SERVICES/CURRENT PLANNING 2800 N.HORSESHOE DRIVE-NAPLES,FL 34104 . : ` ]'HONE(941)403-2400/FAX(941)643-6968 Jt1F i AYFUCATION FOR WAJ VER OF SYFARATIO:1 43.sle r:'•:i,,' REQ.FOR AG omauw r��p , NO. ____�17G 0727 '98 12:55 DEC 1 5 1998 '':?:t1,..,-. ...$.,,,-....."• _ Pa. . ' !:--tforglionglitAw: . • 07/27/28' 13:00 FI 9416436968 COLLIER CO COMMUNITY DEV 0003 --• -.45?' :1.:- .,-,.._- 1 ....,,....fcr.--,'''7.3`.1:":•:::' 1 . r . -:,-;4....:11,0::. .,,,...• ,.: , qt... 4110 "s2;.'• .•.:.:'4111t4U- ..,..., - -.1` i •./. r• ..D.ti' ..... ' Metes&Bounds Description: See BCundary Survey ••••.: - '\-,i.-:-.. -•-:;.,.v: ---,1!-..44.0, ait,,. .,-.‘,......:,./. • _ ---;-;•.1.1- ,- -y.,,,..-c11-...•,,-,_ - ',,, . 1-'.- ' Address of Subject Property: 2934 Tarniami Trail East • • ' .*-4R•i?!4; •- •-. (if cliffcrent from Pctitiot cr's address) . ....4..C:.'• ' ' :,,...:1.,ki:C1-'.. • . Current Zoning awl Land use of Subject Parcel: C-3; The current site consists •!4 :;..7..: .."•t•-•-•: •'...'-:•••:5•11.-:- of an abandoned bank. ,..,,, 4.,,,-,,J.. .... , i`-,A, 4,4,-..i;.:,,..., • •.',. -,43. ..., :,-..-.!!..-:•-• Adjacent Zoning&Land Use: ... ! ZONING LAND USE ... ,.. ...... • N N/A U.S. 41 East Right-of-Way • , • ,•.•';'• C-4 Strip Mall S_.,. ... " .1,,41....,.." ;,.0!4. ;• ,--'.••:, E C-3 Pizza Hut . •,, ,.. , • ..1,,,,,,# :••:,.:) ?<--.::•._ w N/A Bayshore Drive Right-of-Way -r.;,- , 4. ...-.:. : 4 :..,:: ' What is the extent cf the waiver being requested Cm linear feet) from the required 500 foot •,;.•.:::'-iiit:::.tki,!::: separation? (NOTE: This measurement is the shortest airline distance between the nearest . • 4.,40:1'- points of any two kis occupied by an Automobile Service Station, or for which a building . ...... ;:;.!.•:-: : permit has been issued.) . •- The distance between the project site and the existing Mobil Service ' - • ::.;,:.:',4 .''..''..-f-.--'• . Station lot to the west is 100' (Bayshore Drive right-of-way.) .:::'!!--1 -,r-•-••.,:•;:kz,"-;,-- . .. , • ' ',1'•!;,- -2 .: . .••:, •-. •..4,.. . .y i•-•:•:•••• •:•': - z., , f.,?•:.fri" -7'..•,- ‘'.. 4.•••-.1,v:;'..•. -..,;. ie ,z?,;:n..iioxtA.. APPLICATION FOR WAIVER OF SEPARATION REQ.FOR AUTOMORTLI:SERVICE STATIONS PAGFrt. I! .,.. : I,- :.,-•lif-j,es.:;,.., i "le ITC_ 14: 4'• '-... . ',..,, -,..*,..," '1'..c,.. ...,,i". '..• .,"..7-:,.4.1-."-;;;-:fitt.4.°,;i'•..: 07/27 ':8 :256 i DEC 1 5 1998 :..- .f'`.; -:::.,':."-, :::..,li'ii•.-. I 2 f.: v. ,:i.ou, ,<;;•?i7: i (f) ; .'.. • ''''.'' !-Att:•c 4: __ Pil. ---test---r. .___ . _ . -, -- . . • _______---__ ___--__ . _ __ _ ... :- • '. ...:157>ii/o8 13:00 FAX 9416436968 COLLIER CO COMMUNITY DEV ra)004 . . 5:4..','•--..e' ',:114.1.-1,-%; :,'1 .. •. . . k.-;!,^4::--1:"...;•.'4.1.; 't''.f...t‘ ." ; '.4,...' : '....kfghiN,•' I- ' CA I•IA ill ,- . .„.. 0 . . ..,:_..... . ,,.4. .„..,...i::•'.:?5,..:,:'• c.,. ..,,,:,..,frn 1 kf•-•,....-. ;'• - ""• ',..,,I,4... .r4011 14„:Ni Waiver of Distance Requirements A..„,-,.`-5,'' ::;•::::'.-s,..,,=ii",.." --' , • ..,-, .-..,- , ,,,,-i: The Board of Zoni ag Appeals may, by re.solution, grant a waiver of part or all of the . :-.:,....;„ li 'N'' '.".•:: minimum separation requirements set forth in Section 2.6.28. if it is demonstrated by the -.A applicant and determined by the Board of Zoning Appeals that the site proposed for I -- .,"-- development of an Automobile Service Station is separated from another Automobile '''''".-= r-'-.':':',--i• Service Station by Li:mural or man-made boundaries, structures or other features which offset :1 or limit the necessity for such minimum distance requirements. ,,,n. • . i..i., .:. ,. Staffs analysis anti subsequent recommendation, and the Board of Zoning Appeals , ..0 .. ..,,,'!••••••;145;-it.A:;„.- determination, are lased on the following criteria as provided by Collier County Land Development Code Sect-ion 2.6.28.4. Please respond to the below listed criteria to the • .zer,-.,-4i zs-, r . extent you wish as it pertains to the proposed use; attach Add itional pages if necessary. 4.4.t..i'4:1,:- -- - - .....:„:„...„,;. 1. Describe the nature and type of natural or man-made boundary, structure, or other • feature lying beiween the proposed establishment and an existing Automobile Service Station which may, as determined by the Board of Zoning Appeals, lessen the impact of . .e.ty._ ,,._, the proposed sertice station. Such bounriAry,structure, or other feature may include,but :- ,i..-:..... 0 not limited to, Lakes, marshes, nondevelopable wetlands, designated preserve areas, canals and a mirimum of a four-lane arterial or collector right-of-way. Tht, 100' right-of-wav of Bayshore Drive lies between the project site •ii.:4¢Cr.,':.,..1.- .;..,..'.., .. and the existing :,bbil Service Station. Bayshore Drive is a four lane ,. . 1 arterial with a 6' median. i 2. Whether or not the Automobile Service Station is only engaged in the servicing of automobiles during regular,daytime business hours,or if in addition to or in lieu of • ., . . servicing,the station sells food, gasoline and other convenience items during •-':: .-. ' • . :-...: daytime,nighttir le,or on a 24-hour basis. .„„ . The proposed project will consist of a convenience store that will .: project Aliv,..!;...-T,-% •% • .,.. .F.,,y-i.....„ sell food, gasoline and other items. The proposed convenience store :', IPT:.':.' .;...7,0. and automobile service facility will be in operation during normal -..'f',' ... • business hours. _41:•*';.".1- .2. .., •i , ,;;•,...1,,, ,..;,a.; A.TrLICATI OK FOR WAI VY.R.OF SEPARATION PAGE 3 OF 6 .1..4..,,..,4: ..sRE. REQ. .,Le_FOR AETOMOBELI:SERVICE STATIONS :' 24- 4'.i ,'....-.;.1-,c7::•;' AGE,41....ws!,/ ,,,,, " -2 , / "--• ,i. • 'r.5-0.„::::At.-`:'='.,."- 07/27 '98 12:55 DEC 1 5 1998 . .4:‘,,......,.!:f.s..„, . pl. .. . • . • • • • . , . .. '-07/27/9813:00 FA.! 9416436988 COLLIER CO COILMUNITY OE', souuz - ' – . •r.,.514,,,ti..;_;,;.7.-..!:Ne.-..!:-.•::. • - . " ..;',:.f.4.:011:!..:4::1,:-.T. ,--. t 1'II, •Ysl.:r,::i• - •„' % ' :...111' • Iiiii4?7:;•.4': '',;;.. 411,....;: 4..... .., • rJ .. 1 ". .‘ •..- ' ,i'-'4=1"i'.7....:•;.:.:i'll-: 3. Whether the Anti)mobil.e Service Station is located within a shopping center .. -:;4'Atr gl4t.'i primarily access.4 by a driveway,or if it fronts on and is accessed directly from a platted road rigb t-of-way. . .,. • i'.44..,-,.".' • •••i,' • ...',:v-:•..-.. The project site will be accessed frau both U.S, 41 East and Bayshore 51,-'.'e.- ',!. – Drive. An existing drive to the strip mall to the south will remain ..;.. li--,1.-Agk:?: . ..,..ii.,15..„?, ,::: v,, ,,,,,.. .. - -,:-4- ''.. -• Ail',JgV: -..--:;:- :-,.,.. --4:1,•:-.:- - 4. Whether or not the granting of the distance wavier will have an adverse impact on -- adjacent land u::es,especially residential land uses. , •::::•;. The project site is bordered by road right-rof-way and commercial ' .,i, .....; .• . zoning: As a result, adjacent property will not he adversely ii.!4 ',--ftkt.:1•",.',; '.,,,..:::, - ,:••zli ••,„,,..i , .1 , • ..•2::.--- af fected. 4-•:..`:; -• •-.- • :• •...y::•,:..',.,:,.T• • . , ,;47•-;'•, ,,..4._ ,,. Waiver Request Sabi aittal Requirements: - .- --' . . The request for an ilutomobile Service Station waiver shall be based on the submittal of the .... required applicatior, a site plan(measurin,g no larger than 24"X 36'D, and a written market ... study analysis which justifies a need for the additional Automobile Service Station in the . .... desired location. The site plan shall indicate the following: ... k,... •••,:lf•,•-•...1-?---.: ,_:"Z.Aig::::4-•.:-.-. X The dimensic as of the subject property '''';;:itf"-lart,:?.:4-,• x * .. -:-1.4, ..--1:4'. ..f.-•':i-... AU vehicular points of ingress and egress and their relationship to the parking -iFtt..y.,:ii;:•••;., , : --- • arra and site circulation .. '. ,..,-- _,• X Dernonstraticn of compliance with all requirements of this Code including the 1 • location of de structures on site, landscaping,off-street parking, site circulation, • . •:-.,;;V•3.1 ,'.:="7.-.„-.... -. architectural design guidelines, and signage .--- :114.1.,:- .--:'. •.4!,1,..;.:.-..•7••..f):;ii,:n.,.... • :;3:-. '•!*-.'4i,k+,i,,,44...,,::„.. ,;:i...=:"...; 414j 1 ., .'4::F.$1.-", ' ,4:;-. • - .!. , I -...?z'ii! 1,4,-,i,-.3‘.'''• APPLICATION FOR WA YLR OF sE.PA.RATION PACE-497 "—• . ,. -..".141,1?;1,111..„ , REQ.POR AtrrOmOlia.t=VICE srAnoNs 4„e..,...u.s.t Nf .......___—/7C. .. -t-:, •:„;•;41'... , . O7'27 '92 12:55 DEC 15 1998 • 1.3...Y4:..;:i... •' -',E • •Ig' :;....:rb•-i= :• , _ ... ... . .... . ... ...__._ , . .. .. . _ _ • 07/17/98' 13:00 FAX 9416.36968 COLLIER CO COY P ITY DE% (boos ,ivi..' ,„,. r :',A4.-.:.,-:..,,,,,.., a t 't `.4 ° `::. 4 giatt It i',24;-%.1;-,..:1 r .?"f� t.7.k��:�i it N .tom s. 44 r - '” X The location o f all proposed buffer areas and their dimensions . i cX 4 ' Y X The layout of road(s)on which the proposed station fronts or to which access is .-::-,-z':;:-.-7.'. . q' ; .� provided,incl iding the type of road(s),the number of lanes,and the location of •1.,,ir 'r`v` intersections Ind turn lanes,median locations and median widths,fora 500 foot . t..T.. distance from the subject parcel a `tit r� * ON SUBMITTAL, PLEASE INCLUDE FOURTEEN COPIES OF THE ABOVE '` APPLICATION AND SITE PLAN24" ' •4,Y,..;/;* ;. . . (MEASURING NO LARGER THAN X 36'x. IN I ,, , ;.,. ADDITION, PLEASE INCLUDE FOURTEEN REDUCED (8 % X 11 ) COPIES OF r .. ', .. TEE SAME SITE PLAN. =; ;; Y ,Y .rir -Z •yam y....i Jy "!.:-S- 17"...:.-....5:-kf.!...-:....-•— . 4-:-.4:‘,444' � K - .:7.6 r-, 'ill . . .„..i,ri4t:.1 i I a7 ,,,.:„.1.. ...0..., ,,,,.� •i ti..•t..KR < . • I i ♦1 • 5 .: iia +,.: . ,,fmoi;- Y t -'1 ; * q u t r ,•t'.. 2' i .44. • a`N t-1 a . l • �' x� • art � 1x fi. }'; i,..--",..!'.':.v.....77.',.•`"•tJt`'f'• APPLICATION FOB.WA:STA OF SaPARlTION P J' + REQ.FOR AUTOMOBIL C SERVICE STATIONSHA .WU u '/ 'x i . -al, - . . -.1. gct.?5 i tl$10727 '98 12:55 DEC 1 5 1998 I. :, . _ - . n7/27/96 ` 19.:00 FSI 9.116496968 COLLIER CO COYYL•NILY DEV ®0070 • ✓ 11 i Ii. i* •. if' sr '•,r••`; . L3. y' 0 (n':• a '� iia Sc?y:- - AF EDlI Ar _ , '• Well, Anthony Voigt being first duly sworn, depose and say that well have ,ssessionxict of the properly described herein and which is the subject matter of the proposed '" 'hearing; that all the answers to the questions in this application, including the disclosure of ''.,.:,::.''.4--'41- .%.interest information, all ski tches, data, and other supplementary matter attached to and made a ji t.-.i;': fis,,lil part of this application, a•e honest and true to the best of our knowledge and belief Will ..'..'-.,.-..5-;',.:"e!-..„'.4 understand that the lnformc tion requested on this application must be complete and accurate.2@12Z Public hearings will not be advertised until this application is deemed complete, and all required re- information has been submited ..-,14,107g.t.,;. *under the attached ttlanagernent agreement0.0V*.; ;� , °As property owner Weflfunher authorize Blair A_ rol?y, p_F , Crn'st-al to act r.Y,;., z.,.;: ryi,lr as ourlmy representative in any matters regarding this Petition. Engineering Consultants, Inc. • r.4 f: i>r ; g(1. (7..ow?td `�,. ''�'•Signature of Property Own(r Signature df' operty `i �` Anthony Voigt ;. f • -4.4i5-1; % Typed or Printed Name of(>wner Typed or Printed Name of Owner •t . ..i•;--41,,.::,Tir� . The foregoing instrumentxasarnoweeeoremets yo �A 197/ ' „ by at,./1:71.071./ u Z Qvlio is personally known o mor has produced . as identification. _4.-_, /cJ - e"--/ ,- ,..4. ',. State ofFlorida ( ignbture of�No�t `arry Public-State of ,; County of Collier Florida) ' OFFICIAL\OTARYSEAL 4 M.\.CIA ANN FOX r 1 i F COMMISSION NO.CC73&131 , 'i `I` \:Y CO>'r}9SSSO\EXP.APR.22,2002 _ '' 4i (Print, Type, or Stamp Commissioned ',.....10,-.! ':. Name of Notary Public) 3 ;.111-,1 -'..;%-',.:",,,,,,,31.,, WV:7,i • ill e?': ;.'a.'api.. , r ATPLTCATIOY FOR WAI/La OF StrFA]UTIot� PAGE 6 OF 6 p 'i':"§i .'REQ.FORAITrOISOBILI SERYICT.STATIONS AGENDA IT.0�7^ r:c l� Y• • } >� *�" 0727 '98 1255 DEC 1 5 1998 Y, �Ii ,. 00 ��"h.gy i IR • , y1* 102/13/1994 14:56 9416425149 DOMINIQUE RIHS ESO PAGE 02 y: `s ea/03/3a 14:37 ,s0.844 913 , pRoPggTY xBlid=at lactim im RIFTS:HSU 1, 1991 THIS ACAZEMENT byand between ANTHONY VOIGHT (hereinafter ref erred to as " UNT") , and NATIONAL =CHANGE 61oxvICEB Inc (NESI) , a Pennsylvania corporation, (hereinafter referred to as "ONNCR") . . .�? In consideration of the covenants herein contained, the "Agent', agrees as follows* 1. The Owner hereby employs the Agent exclusively to rent, lease, operate, and *snags the property, the "BuildingTM, known as REE ATTACKS= INHIBIT A, FLUS CONSTRUCTION IKPROVD(I XTS AS PER BUILDERS OR ARS NITXCT PLANS, upon the terms hereinafter set forth for a period of not more than 180 days. Z. The Agent egress; a) To accept the management of the building, to the extent, for the period and upon the terms herein provided and agrees to furnish the services of its organisation for the renting, leasing, operating, and management of the Building. ill b) To keep a record of Cha receipts, expenses, and es and to remit to Owner copies of the record upon st. Monthly operating statement and year-end receipts will be furnished to the owner upon request. p 3. The Owner agrees to give the Agent the following authority and powers (all or any of which may be exercised in the name of the Owner) ; a) To advertise the availability for rental of the Building, to display rental signs thereon, and to rant the same; sign leases for tarns not in excess of one year; end to renew and/or cancel leases without additional charge to Owner; provided however, that the Agent may collect from tenants a reasonable bad check charge and a lata rant payment fee to be retained by Agent, b) To collect rants and other sums due and give receipts therefore, and to deposit all funds hereunder in Agent's augtodial account; to terminate tenancies and to sign and serve in the name of the Owner such notices as are appropriate; to institute and prosecute actions; to evict tenants and to recover possession and recover other sums due; and when expedient, to settle, coepromiss, and release from actions or suits or reinstate such tenancies. a) To refund to tenants, or keep for repairs, tenant "''°, security deposits at the expiration of leases. The Agent is • P AGEun•IZGA' 7C r ole _�1 ,_ ''''Ig• 09.10 '98 09:11 DEC 1. 5 1998 i .P, , • s ' '02/13/1994 14:56 9416435149 DOMINIQUE RIHS ESO PAGE 03 •• �' �: 09/33/99 i 4 s 32 rl0.844 012 wt> 0 `r' ~. K .' to determine the disposition of the security deposit at the • termination of a tenancy. l d) To hire, discharge and pay all contractors, ;:y . ,,, ,. janitors, and other employees; to sake or cause to be made and supervise all ordinary repairs and replacements necessary -,1 . = to preserve the wilding in its present condition and for the Y� F�, operating efficiency thereof and to do decorating to the �, ,a }* Y Wilding; to purohass supplies and pay all bills thereof. • , _ � t` a) To maks contracts for electricity, gas, fuel, water t; telephones, window cleaning, garbage disposal, laundry equipment, and other services as the agent shell deem • advisable. HNro • f) To hire, discharge, and supervise all labor and • �' sa employees required for the operation and maintenance of the 414' Building; it being agreed that all employees shall be deemed l�r.5• s 3 9 . sapioyses of the Agent. 4. The Owner further agrees: • •.•• a) The Agent is hereby instructed and authorized to pay • property and employee taxes; to pay spacial assessments; to pay and place liability, fire, elevator, steal boiler, and/or ;`- ' any other insurance Agent shall deem necessary. , j* b) Agent shall collect the monthly rants and pay any debts against the property from the rents. Any difference between craditz and debits shall be retained by Agent as Agent's fes. 4111 :..,. . -. . „,.:,. . .,.. S. This agreement snail terminate in accordance with Article IV, paragraph 4.1 of the ACQUISITION AORZEKEI(T WITH NISI. • 6. This Agrs.s.nt shall be binding upon the successors and I assigns of the Agent, and the heirs, aduinistrators, .. , . . executors, successors and assigns of the Owner. O WZRt MATT• ZXCIW4O • +•VI Ct'S /NC. bye. 7. . - .. t AatxT= gfa • % lr .' `1i ...n4....- AGENam.a7WN�IL. i.,: A. .,,' ' ',',.,'%,---,:i'.:,;a • - F 'i� 09.10 '98 09:11 DEC 1 5 1998 wry,.;;_,,s .?, �, • Pq. .1 COASTAL <<o5 o E�a.rcer" -_ ENGINEERING C. 'Eng.re?rng }`x'` . M- CONSULTANTS RECEIVED �o'ey ::x. INC Enveonmental ��ea Esrde AFDraisol sem' 'Z,,' SEP 14 1998 :1 l'?!.-.r:-_;.,-,•. ms {° PLANNING SERVICES 1r ;,41,1e.:1-4k4 1 s" September 10, 1998 ASli98 - OI i Ms. Susan Murray,Planner " Collier County Community Development & Environmental Services 2800 N. Horseshoe Drive • Naples, Florida 34104 • .,i4 RE: Voigt's Texaco F: Petition for Waiver from Separation Requirements '�` 'A" CEC File 98.171 '""; ' Dear Susan: Please find enclosed the following items for the Petition for Waiver from Separation Requirements submittal for the proposed Voigt's Texaco project: ( ip . I. Check in the Amount of 5425.00 for the Application Fee; 2. Fourteen (14) Cover Letters: 3. Fourteen (14) Applications qtr/MIana�,ement Agreement Attached: 4. Fourteen (14) Site Plans; 5. Fourteen (14) Reduced Site Plans; 6. Fourteen (14) Reduced Intersection Exhibits; • 7. Four(4) Landscape Plans; a S. Four(4)Boundary Surveys; • • 9. Two(2) Sets of Building Elevations: • 10. Two(2) Sign Elevations: 11. One (I) Warranty Deed. • - The The project site is in compliance with all requirements of the newly adopted gasoline r: . service station LDC language except the separation requirement. Our request for a :4;:,,,..,;.;,.}• .; variance to the separation requirements is based on the following: Firstly, our client, Mr. Anthony Voigt, currently owns the existing Voigt's Texaco located on the northwest corner of U.S. 41 East and Bayshore Drive. A significant amount of this property has been taken by the Florida Department of Transportation (F.D.O.T.) to accommodate the U.S. 41 road-widening project currently under I ..,11r..'0.(: :',. construction. As a result, the existing Voigt's Texaco site no longer provides a viable ' location for a service station due to access and internal circulation constraints. //�f Plc # •DEC 1 5 1998 =< ,,t4-4a s , 3106 S. HORSESHOE DRIVE • NAPLES,FLORIDA 34104 • (941)643-2324 • FAX(941)b43-1143 ' ....r +,. ___ Pn. r. ..:.......-,-,J,,--. + al 1 N. Y� ?ti ' x I N • , moi: ! 1 \ \ i,.f: �' 4I I \ \ A..�'51444.- '1 7. tfi ii r• I' G N. 1I 3•> k 1 1 -, 1 1 'O 1. . _ '''0.4,,c••,• ,4.i,f0r s.. i I ; t �ti' 10 10= 35 LOT 36 Y, 18 5 ; '. - .`�1,, 1 1 1 : : el/ . t EXIST. z 17 6 D 12 12 A . „�. w .:-...:17,.1 TEXACO < 16 7 — 13 13 0 15114113 8 — 14 14 Q 90 15 1 V) 11211110 16 16 � J MOBIL m ^ 17 17 t GAS 18 18 -*-;i. . STATION •`s J " '5.,= -zi 2112 0119 19 X,;..., 100..__..... r-. �� ,-, 203 +is S , :; �' .�-, v 21 1 y: 0 NN _ 213 rrj , (€ -- 4 -I 3 6 O 5 37 'Q O t, O 38 • _6 PROPOSED .J LOT 37 TEXACO 39 7 - w 8 SITE 40 r 9is C - 4 0 10142 RECEIVED rx 11143 O 12 44 SEP 1 ; 1993 = 13 45 C-1/.r }- 14146 - PLANNING SERVICES < - M • M 15147 - ASh. 98 - 01 - — H 16 48 w: - /\ '1,m7;.;.'1,;,3,„-i-` 1.f+Fttf4 ITFM DAIS:. 8/9/9a VOIGT'S TEXACO kcc'D t .L TEXEXHI. OE ED: GDJ LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST ' NTS CalkGD, SURROUNDING ZONING & LAND USE MAP S i5 0, !�'. ':. PRA�CT 98 11 COASTAL ENGINEERING CONSULTANTS, INC. 9817i-VAR... •••• COASTAL t OW.CMQMCDtS•I' 54oflWrs TS •cea.oas •PI,J ?.S•SURVEYORS MAPLES,/LOMIDA • . - , . :. . .. '4.1'101 '..tf. 1f':-?': ': •F ';'s.e.' 1...44*.r0.!"..'.‘....'''.".. ... '. .1 :1'4,fr ..41:4 •-••••'-'' • '- ,..r-1.:ilt,:.. •--•-•• ..•'. .... ,.. 3 FESOLUT:CN N7. "l- '11"fict. , . Ivti. .a':. 5 1- -tRE'ATIN5 TO PET:T.CN --c=i, ASW-1":-: v., 6 F:'..R. A 400 FOC: WAIVE? FR:',:-: THE ...4.-4.;'* ,•';..-i:-*kl:',i, ' 7 F.E:C:FEC SEPARATICN ''',F 5,S0 FEET EETWEEN 8 AUT( 1! :'...E SERVICE !:.TAONS FOR H.OPERTY 9 HEE-E:NAFTER DESCR:EES :N CCZL:ER M FLOR::A. H Ptlit•,14,..;: e.i:;-::.. 12 .....'N.;;;;. 13 WHEREAS, th, • 7i .- a-u:-.. cf the State of Florida in Chapter 125, ....,-..-=-..,...;?4•,..V,,:: ..i,i• P. 4'-'''.' :, -, :I::: . . N Florida Statutes, has conferret cn al: counties in Florida the power •ii ,.442:, .' ' . :;.- !..; 'rr.','Y:.,t'l. - '- IS tc. estab:ish, coordinate and enforce zonint and such business -,„,.,••••,;•, t..!:, :.-.'". -,;,It4,-.-: • . Ar!:".,.';:.--f•:4'.'M.e...;-Y. 16 regulations as are necessary fsr -ne r----,---'cn of the public; and • 4 -',04.K., '::-!.-4.-.- •,- .1.7,,- .., 17 wHEREAS, tne C:unty ptrsuant thereto has adopted a Land . .•:.,,,•-• ,k,',4tk4i11,••••:-.-4-••-•-•.., :-'; ' • %. *::Ar4f-',.'-'5.•:,A......... 18 Zevelip7ent Czde Irc. ::c. 5.1-1:12 wnich establishes regulations for --: ,-,.... . 19 the r.onin: ol itarticc:ar teagrapnic :1171SIC:-.5. of tne County, among • . , • - • .....7„... tx.;,.,,,,, •;-;::=1,, • 0 which ir tna :rantng Lf variances; ant ••••Z,:::',3.1;:::in,:::,=.1' • „:- ', •- ,-..‘• r7,•:•• ''ii.ii.:.,..',,- ' n WHEREAS, Sur-,----on 2.C.ZE.4. of the Zant Development Code for • !:',..:::-.. ,g;:..i'r-N,:s1:.,;;.., "...•-,1•1••••,.:•'i'. .--,:.1:1,-:". :.,;: k44,4•41.qqa•-s-' 22 the uhln:srp:ratej area of Co::ier C:unty -- re-s tte Board of Zoning ..,..•t ...: qk-4 , • , .,.. 3 Appe,-,:zreqtests to waive -:,, rinimum re-:-- vr•-' separation of L . .!.. -,...1.. 24 EC: feel tetween a ::::::ti:e service statos; anj ,--.-, it 25 WHEREAS, -----=,--- - -n .4. of the "-ant •Sevelopment Code for %,..... •:::4-,4,,,..,,,,,,, . 1,'•'•:'-i-V-14,1_44..ii:. , 26 the t:nincorperate-t are of Collier County further provida= the -..•,-.0. 1„. 27 c--,-.-ia by which salt eva:uazion tc waive al: or part of the mirimum - . . q .';',•.;=.',-. - 28 distance rrement sna:1 be mate; *e.:•:`;'!";'. .... • '..',.#4'".'," --4•a"• 29 WHEREAS, the Boarj cf Zoning Appeals, being tne c_:y elected . ''''::.:!'. •iei:!..::''..;:'•:-..: '. 4' 30 -- - - n., arAa . ,-by , ,---.- nes neat a - -..",- ') :.• .:. 31 hearin: n--,-. as in salt regt:aticns made ant provided, and has • . . 32 cchaidereo tne advisability of granting the waiver of the 500 foot ... ,,.. .. . • -..,. ..-....- 33 separat'-n -=c--- -,--r.,-,n- tozween service stations for a service station --,.. - 34 located on the r..rtperty hereinaft.r d..---ted, an; has found as a '-'•'0,': ...,;:i .- 35 matter :f fact that satisfactcry provision and arrangement have been ...k'tit... . A.i.,Y.:,:ti,A•-: 36 mate conoerning a:: applicable ..s required by said regulations . -,.. • . .....•;•.? -44•••• 37 and in . nce with Section 2.6.2a.4. c_ the Land Development Code 4r •441 ....:',.; ...:',=.i. . ,:;;0.,3 •,:i7.:!. , III, 38 for the unincorporated a:ea cf Collier County; and 39i.!-.-'... ....A WHEREAS, a:1 interested pa---.= have been given an opportunity to • w -. ).; :: ., - te?.;1 :.- AGENDAITAS.: ,,,,„:4 40 be hearj by ttisllcard in public meeting assembled and the Sne-.4 . „.„,f/L. 41 having cohsiteret a:1 matters presented; • ..-4:f.ift DEC.1 5 1998 --; I , .. .,... • • ' ' -qt., Ilii,';, ' 'a .i;?;41,. ,j,3,43.%,,,, '..- =,',i4.:- .,;•.V.til.X7= Y'.. ' .,,vp"-",_:',ts.. •.'"--';': :e?,'•:•••••' Pci. :.• ••• ..t•-•.. ' '...• .::.:4 ' --- , . - _ _ _ _ — ..... '::w"-,•:,.:.:;.",,o',, -:i,: •Wka,4'•:•:::',--,:• . .4',.kr ._:•111P.--$76::., • •:::i;;,+?F‘..?;.,-;-Z--Jii';' (.'..i.r.: •-!?-1. :.::,,. - 1 1:OW, THEE:F.:PE, 1:F. :7 FESOLVE: FY THE =4:AF-: '::7 G AEFEALS of 4i1:4, .. ,:',:**i.Z..• . 2 C-' ' -e-r 14'" -''.1.-.., ,„f-4•444.r..0,..,,r-, ,.,,,-; - ';:',;4,.'4=0:-z;Atti -•.••-' .: ------ 3 The P,...'--tn A2W-9?-1 represente-i ty E:air A. Ft:ey, P.E., of • ''''''' 'f..L .'-'-;,1C'efr5'i*. -. - . 4 Ccastal Engineering Cinsuitants, :ht.. , tn tehaLf. tf Anthtny Vcict, .-. . 5 with :,_Ispec: ts the 1::tperty h,--r,--in.'-r-- -1,--cr-'bec as: - 6 . ..,.. ,, .. ., • 7 A otrtitn tf Lttr : througn 1: anti Lcts 26 trough 42, Royal 8 Ralm Terrace Unit 1, as recor=e.-; in Pla: Boo'.: 1, Page 35, of of Collier Ci...:nty, Florida. • -=-.1-:5 , V '-' i=.7':.;•-c-;:-.-:t; ''-'' 10 • ;-,4:.,.:::4,11,!,-;:: -.....!,;.--.; 11 be ans.' :he ..e nerety is approves' ft: a waiver of 400 feet from the ,,, $1:',,;%4 1: •'.I.V:q-•;i‘or:;-;-.-; - 12 minimum separatitn requirement for service staticns of 500 feet .4:.1*k•, 4e --...- - 44e'-t:titii:AiT:c 13 between the attve tescrihed prtper:y and the lot on which the nearest 14 service statitn es:at:isnment is :toatet, with a resulting required 15 minin....:m seT.ara:::s. re-..-' -.ment sf 1:: feet, s..;t:es.: to the following ., . --4.4-r-C: :.'....,'.• ••,..-..,, ,::- 18 1. :eveltpmen: tf the site sna:: str-„ily wit:. Section :'.'..';:: •.'- • ' 19 2.-.CE sf :ne Land Deve:tliment Cse. 20 EE :7 RESOLVE: tnat -..-his peso'....-n re:ating to Petition Number , , 21 ASW-S-I-1 te rec---.- 'n the minu:es sf tnis Etarn. / 4Y .-„,-. ( ,.: ,.-4-..,v.-F.7,1101P "-';' ' 22 Thit :--, -..--::: :. a'itted after 7.t:itn sectnii ano ma.4,ority vote. :;•!...44: ,.:. 23 :s.r.,:- thi7 ____ ___ Cay cf , -..-_,s.e. •.., f. ..--., f. . _ 25 ATTEST: ECAP: CF :: APPEALS ;4 .• ,..,:a 26 CWICH7 E. COLL:EP C.:-.:::TY, FLORIDA 27 ..-4-. -4st,-,-- . ' •.; .,,,,,„,• ,,,-.7, 28 r . f':(;•;4?.1...,?;CAtf.'1'!i'''' 29 _ — 30 _ EAREAPA CHAIRXAN •- -41,..1ix4..:..;- 31 - •• --,.s, •,i'w*.:-..,.? :.:: • -.!,..3fri:OJ1r:.•?,...,,.. 32 1 '' AFER:VE: AZ 7: F:F:-: A::: LE2AL ZL:=7"--ENOY: • 5 '1'.'•'• - •-1 . , --:*•,A,''' : 34 ..... , ,.....1.4111-i'v.,*...--,4,•, 35 2La..4.4d,....„,c, )7/• 1Z.:( e_ser....,(...t- tt:WI": ..., 36 MARJWIE - ,i---, :Tt-- .1'... 37 A5SISTA:17 C'.-...:Y A77..-JRNEY 38 39 40 1 ( ,',.r,i-V..4z'.,• -:*4:41:7'.' ' ,i•*.Az. ,, WA-,...'" ' .. - ..iV.4,, ,-ft'..•.'4...,,4;;:r-,,. - Te... 1 ' - '0,:i ,-7,1.•::::• 1 DEC 1 5 1998,,:. : •••,,N;,,,,I.:10,..i.,7;... . . , 1 . . ••=',4:•-:- :- •.:.''?Ar'i.':;•'''eta.4.43g-;-;-: : - A'.'---.' -2- ft', ' . . g. .14...Via . .....--.- . .......b....•....w............................-.- -................-......-............-.....................--.........* ..-..................-....1...... . -.._....... ............ ...- '-'... ---.- .. .......,......... • 7 , . RESOLUT:o;J NO. 98-- 4qq RELATING TO PETITION NUMBER ASW-98-1 FOR A 400 FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. „t:EF.EAS, the Legislature: of the Sate of Florida in Chapter 125, Florida .statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant - thereto has adopted a Land Development Code (Ord. No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for .he unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum required separation of 500 feet between automobile service stations; and WHEREAS, Subsection 2.6.28.4 . of the Land Development Code for the unincorporated area of Collier County further provides the criteria by which said evaluation to waive all or part of the minimum distance requirement shall be :Wade; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has held a public • hearing after notice as in said regulations made and provided, and has considered the advisability of granting the waiver of the 500 foot separation requirement between service stations for a service station located on the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations • and in accordance with Section 2.6.26.4 . of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented; • 1 - 11 • NOW, THEREFORE, BE IT RESOLVED 8'i THE BOARD OF ZONING APPEALS of Col l ler Ceurnty, Florida, that: The Petition ASW-9f1-1 represented by Blair A. Foley, P.E. , of Coastal Engineering Consultants, Inc., on behalf of Anthony Voigt, with respect to the property hereinafter described as: A portion of Lots 1 through 10 and Lots 36 through 42, Royal Palm Terrace Unit 1, as recorded in Plat Book 1, Page 35, of the Public Records of Collier County, Florida. be and the same hereby is approved for a waiver of 400 feet from the minim= separation requirement for service stations of 500 fee:: between the above described property and the lot on which the nearest service station establishment is located, with a resulting required minimum separation requirement of 100 feet, subject to the following - conditions: • • :.e:eicpme•nt of the site shall comply with Section 2.6. 3 of the Land Development Code. BE IT RESOLVED that this Resolution relating to Petition Number ASW-98-1 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. h. Cone this �-`. _ day of � • , 1996. �:] ATTEST: BOARD OF ZONING APPEALS DWIGHTE. EROCE, CLERK COLLIER COUNTY, FLORIDA , 14 . \ � . L . ,z,___4,_. . 4_,_____ . . -.APPROVED AS TO FORM AND LEGAL SUFFICIENCY • MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY -2- EXECUTIVE SUMMARY PETITION ASW-99-1, MDM SERVICES, INC. REPRESENTING SAM'S CLUB, REQUESTING A 300-FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks a waiver of the minimum separation requirements set forth in Section 2.6.28. of the Land Development Code (LDC) if it is demonstrated by the applicant and determined by the Board of Zoning Appeals that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. The petitioner wishes to locate a service station in the Sam's Club parking lot to serve Sam's club members only. CONSIDERATIONS: The subject site is located at the intersection of Airport and Immokalee Roads. The Sam's Club site is 15.25 acres in area and has 1179 feet of frontage on Airport Road and 562 feet of frontage on Immokalee Road. The site is presently developed with a 135,000 square foot building. Access to the site is from two (2) existing driveways, one from Airport Road and one from Immokalee Road. The site is surrounded by a commercial development to the west across from Airport Road, a Commercially zoned vacant property to the east, a future commercial tract to the north across Immokalee Road and a church to the south. Staffs analysis and subsequent recommendation, and the Board of Zoning Appeals determination, are based on specific criteria as set forth in Section 2.6.28. of the LDC. These criteria generally address the existence of natural or man-made buffers, or other mitigating circumstances which may help lessen the impact on surrounding properties, especially residential, from the high level of intense use which typically occurs on automobile service station sites. Staffs findings based on these criteria are summarized below. The site is located at the intersection of Airport and Immokalee Roads. There is an existing Mobil station on the west side of Airport road in the Greentree shopping center. The proposed members only gas station will be located on the east side of Airport Road in the Sam's Club parking lot. The proposed service station area will be at least 300 feet from the Mobil Station property line; however, Sam's club property is directly across AQENQ�Tgu ,•"••\ No. (( FEB 2 2 2000 1 Pg 1 • the Airport Road from the existing Mobil service station. The proposed Sam's service station should not negatively impact surrounding properties. The project site has frontage on two (2) major road right-of-ways both classified as major arterial roads. Airport Road is a four-lane road scheduled to be six laned, and Immokalee Road is a four-lane road. Both roads run parallel to major drainage canals. The automobile service facility will operate from 6:00 AM to 9:00 PM. The access to the proposed gas station will be from the existing Sam's Club driveways on Airport and Immokalee Roads. FISCAL IMPACT: This separation waiver request by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The granting of this waiver request will have no impact on the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EAC RECOMMENDATION: There are no environmental issues with this petition, therefore, this petition was not forwarded to the Environmental Advisory Council for review. CCPC RECOMMENDATION: Section 2.6.28.4. of the Land Development Code does not require the Planning Commission to review petitions for waiver of distance requirements for automobile service stations. STAFF RECOMMENDATION: Staff recommends conditional approval of the waiver from separation requirements for automobile service stations from 500 feet to 200 feet subject to staff stipulations listed in the Resolution of approval. NAQENQym FEB 2 2 2000 2 Pg. a PREPARED BY: alt/1/ rpt 1,.,-- Cl2gialf#14- 0-,_, Z- f / i Z 6 Id>Co CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE C IEF PLANNER I IR: I WED BY: O A D F. NINO, AICP DATE CURRENT PLANNING MANAGER RO RT J. MULHERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APPROV D BY: /.11V ' VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS. Petition Number: ASW-99-1, Sam's Club Executive Summary/Staff Report for February 22, 2000 BZA Meeting. Ne. t �(r AOENItta .•••"%, FEB 2 2 2000 3 Pg 3 t I/uG Y ' 1 '. DM StttV i-t� Y41040t IVO L.. ...... . . . ,;,. pFr. Cfc0 NtuTLS A SOROS Dt.SCRIPUOR (As requested by Client): A portion of the Vett Ralf of the Northwest Quarter of the Northwest Quarter of Section 25, Township 48 South. Rats 25 East, Collier County, Florida, being sore particularly described as follows: Commence at the Northwest corner of said Section 25; tbsace N.89'36'45"E., 100.01 feet along the North boundary of said Section 25: thence 5.00°46'00"E., 150.01 feet, parallel with - the heat boundary of said Section 25, to the intersection of • a Collier County right-of-way, as shown is Road Mat look 2. Page 37 of the Public Records of Said County. vita the *oath right-of-way line of Coeaty load Mo. C-8466- (Zssikalee Read). . as recorded in Official Record look 15463, pagd''445 of the Mlle Records of said County, std the POIRT OF IECIINIKG; theses 11.89'56'45"E.. 562.19 fest along said •South right-rot-way Use " to the East boasdsry of the Vest Ralf of the Northwest Quartdr of the Northwest Quarter of said Section 25; thence ' 5.00'52'15"R.. 2179.82 feet along said East boundary to the South boundary of the Northwest Quarter of the Northwest Quarter r,� of said Section 25: thence 1.89.56'16"V., 564.33 feat along said South boundary to the East right-of-vey lino of the Collie. I County right-of-way shows La said Road Plat Book 2, page 37: thence N.00'46'00"V., 1179.87 feet along said East right-of- way line to the POUT OF SECURIRC. Containing 15.255 acres, aorta or less. . AGENDA ITEM T . . - j{ �lO'-'rte-- t •z , .2 2 2000, T0'd"-Id101 • i. ...1 —r—i .i ! I Ij I J J ' I i 1 i t ' i ` ' i ll i I t. a r r I I I - j J Is i r— 'am si •1 ———••-..—.1 i 1 --- — • ; . ! i-3,, *". 1:11 pm; , _ (Pi ••g I .. ... ;141.:7J t e &••• fl IC! 6 6 6 A 1A," 1 • ! I • pG) I _ .. - - .. _ .. I . • -• • &0 /a .�j�yi h d a.z, • I ! ii - . i •• . ! -4 e _.- — i • lis` ., I EN v A y�;�sal t c ; i • r i •' o,a =111� i I I ..m M Yom^: il} 1._... .....4. I J L. .tJ W...- 1 i-..-. 1 .1..r4i: . J U.... ..�.....�•- ...1 ' .rnr.r c ,. .IV �� ' i i • • �C�(n�iuLEE�I • AGENDA ITP' If l ill a= Fi iili - CO Iil 11 ill 0 11 i K5 Z v.g i t I lc* gi FEB. 2 I2 20)0 1 TA-A 9Z:80 6663-L0-Daa �0/c0 9c�'ON Z,=LL 66, OLdZL 90LL8t79L*76 S33IAJ3S waw • MOM SERVICES 9416481106 11/02 '99 11:23 NO.771 02/08 • • ��--I-J.1.' L-rtit.►/ N • 1 • 'e ` r ( O Q I Q • _JJ.I •RW= t � ,� , ; ,_ y I . Ir: „r• ►11k. OR • I. ' O: S' ' y _ zr_�s��i t �filliV ! I NOV 0d 192 + ASW' 99 - 01 .Petition.No.: Date Petition • - L5❑ U L�L.� Planner Assigned: G l�t h y�i rr- �RDIa�J�GfiKa ABOVE TO BE COMPLETED BY STAFF Petitioner's Name: Sam's Club Petitioner's Address: 608 SW 8th Sr., Bentonville, AR 72712 Fax: 501/277-7792 Telephone: 501/277-8054 . Agent's Name: MDM Services, Inc. Agent's Address : 3706 DMG Dr. , Lakeland, FL 33811 Fax: 941/648-1106 Telephone: 941/646-9130 Legal Description of Subject Property: - Subdivision: N/A Unit N/A Lot(a) N/A Block(s) N/A Section 25 Twp. 48 Range 25 Property I.D.# 001-65-64-00-04 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICESIVIRMENT PLANNING 2800 N.HORSESHOE DRIVE-NAPLES,FL 34104 PHONE (941)403-2400/FAX(941)643-6968 AGENDA rTEM FEB222000 APPLICATION FOR wAIVER OP SEPARATION PAGE 1 OF 6 REQ.FOR AUTOMOBILE SERVICE STATIONS- PC 7 • MOM SERVICES 9416481106 11/02 '99 11 :23 NO.771 03/08 • >,� I i,•/ • r .•' -. ')' Metes& Bounds Description: see attached Exhibit "A" Address of Subject Property: 2546 Immokalee Rd., Naples, Florida (if dift'ercat Swan Petitioner's address) Current Zoning and Land use of Subject Parcel: C-4 - retail Adjacent Zoning&Land Use: ZONING LAND USE N C-4 Retail S C-4 Retail E C-4 Retail NV C-4 Retail What is the extent of the waiver being requested(in linear feet) from the required 500 foot separation? (NOTE: This measurement is the shortest airline distance between the nearest points of any two lots occupied by an Automobile Service Station, or for which a building permit has been issued.) The distance between the Sam's Club tank pit area to the west to the Mobil facility property line is approximately 382 linear feet. AGENDA I' FEB 2 2 2000 APPLICATION FOR WAIVER OF SEPARATION REQ.FOR AUTOMOBILE SERVICE STATIONS - r`' 1 • MDM SERVICES 9416481106 11/02 '99 11:23 NO.771 04/08 ` r . • Waiver of Distance Requirements: The Board of Zoning Appeals may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth in Section 2.6.28. if it is demonstrated by the applicant and determined by the Board of Zoning Appeals that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man-made bougies,structures or other features which offset or limit the necessity for such minimum distance requirements. Staffs analysis and subsequent' recommendation, and the Board of Zoning Appeals determination, are based on the following criteria as provided by Collier County Land Development Code Section 2.6.28.4. Please respond to the below listed criteria to the extent you wish as it pertains to the proposed use;attach additional pages if necessary. 1. Describe the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing Automobile Service .-� Station which may, as determined by the Board of Zoning Appeals, lessen the impact of the proposed service station.. Such boundary,structure,or other feature may include,but not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals and a minimum of a four-lane arterial or collector right-of-way. Between the proposed Sam's CLub station and the existing Mobil station is a 52' wide canal and a 200' wide ROW for Airport Pulling Road. 2. Whether or not the Automobile Service Station is only engaged in the servicing of automobiles during regular,daytime business hours,or if in addition to or in lieu of servicing, the station sells food,gasoline and other convenience items during daytime,nighttime,or on a 24-hour basis. The proposed station will sell gasoline only to Sam's Club members only during Sam's Club's regular business hours. M01- SST ‘ifm - '9,01 iLi.' y ?44 7401 AGENDA REM FEB 2 2 2000 APPLICATION FOR WAIVER OF SEPARATION PAGE 3 OF 6 REQ.FOR ALTrOMOIIILE SERVICE STATIONS. MON SERVICES 9416481106 11/02 '99 11:24 NO.771 05/08 • 1/4•NN 1 J/. . 3. Whether the Automobile Service Station is located within a shopping center primarily accessed by a driveway,or if it fronts on and is accessed directly from a platted road right-of-way. This project will be constructed in the existing Sam's Club parking lot (utilizing existing access drives.) No additional access drives are proposed. 4. Whether or not the granting of the distance wavier will have an adverse impact on adjacent Iand uses,especially residential land uses. The site lies within a commercial district and will not impact residential users. Waiver Request Submittal Requirements: The request for an Automobile Service Station waiver shall be based on the submittal of the required application, a site plan(measuring no larger than 24"X 36"),and a written market study analysis which justifies a need for the additional Automobile Service Station in the desired location. The site plan shall indicate the following: )t The dimensions of the subject property X All vehicular points of ingress and egress and their relationship to the parking area and site circulation Demonstration of compliance with allrequirements of this Code including the location of the structures on site.landscaping,off-street parking,site circulation, architectural design guidelines.and signage II ,�NDAMD/ l /-"N APPLICATION FOR WAIVER OF SEPARATION oN 200 REQ.FOR AtlrOMOBR.E SERVICE STATIONS �j� MDM SERVICES 9416481106 11/02 '99 11 :24 NO.771 06/08 •f) \ Y The location of all proposed buffer areas and their dimensions )C The layout of road(s)on which the proposed station fronts or to which access is provided, including the type of road(s),the number of lanes,and the location of intersections and turn lanes,median locations and median widths,for*500 foot distance from the subject parcel UPON SUBMITTAL, PLEASE INCLUDE FOURTEEN COPIES OF THE ABOVE APPLICATION AND SITE PLAN(MEASURING NO LARGER THAN 24"X 36"). IN ADDITION, PLEASE INCLUDE FOURTEEN REDUCED (8 Y: X 11 ) COPIES OF THE SAME SITE PLAN. ( 4 co PL At2e9. 00 AGENDA ITEM No. /7,,,Z".- • . FEB 2 2 2000 APPLICATION FOR WAIVER OF SEPARATION PAGE� rS OP 6 M , REQ.FOR AUTOMOBILE SERVICE STATIONS f� • . MDM SERVICES 9416481106 11/02 '99 11:25 NO.771 07/08 • • AFFIDAVIT Welt. o,Y1rn S ('ms 6 r- being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/Ifurther authorize Kelley L. Blackburn to act as our/my representative in any matters regarding this Petition. Signature of Property Owner ture of Property Owner c5:47-yeS C4-1-6$ t47-- ..ti m i lblk' Typed or Printed Name of Owner Typed or Printed Name t f Owner' The foregoing instrument was acknowledged before me this day of ..10 4( , 19i1 by who rspersonally knoo me or has produced as identification. - 'r State of Florida (Si; , • of otay • '1 c-State of County of Collier F •rida) KAREN H.STOW COIAJSSlON f CC T52210 - ...y•.f EXPIRES:June 21,2002 (Print, Type,or Stamp Commissioned Bandy:1Thu Wary Pubic MUM= Name of Notary Public) AGENDA m No. r1 ^ APPLICATION FOR WAIVER OF SEPARATION rrn "� REQ.FOR AUTOMOBILE SERVICE STATIONS P,f�&� 6C�JOO [ pg ,1.2. Imo,\ RESOLUTION NO.2000- RELATING TO PETITION NUMBER ASW-99-1 FOR A 300 FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS,the Legislature of the State of Florida in Chapter 125,Florida Statutes,has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ord. No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances;and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum required separation of 500 feet between automobile service stations;and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County further provides the criteria by which said evaluation to waive all or part of the minimum distance requirement shall be made;and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of granting the waiver of the 300 foot waiver from the 500 foot separation requirement between service stations for a service station located on the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County;and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented; NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County,Florida,that: The Petition ASW-99-1 represented by MDM Services, Inc., on behalf of Sam's Club with respect to the property hereinafter described as: Exhibit"A" AGENDA REM FEB 2 2 2900 1 pg. a be and the same hereby is approved for a waiver of 300 feet from the minimum separation requirement for service stations of 500 feet between the above described property and the lot on which the nearest service station establishment is located, with a resulting required minimum separation requirement of 200 feet, subject to the following conditions: 1. Development of the site shall comply with Section 2.6.28 of the Land Development Code. BE IT RESOLVED that this Resolution relating to Petition Number ASW-98-1 be recorded in the minutes of this Board. This Resolution adopted after motion,second and majority vote. Done this day of ,2000. ATTEST: BOARD OF ZONING APPEALS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA TIMOTHY J. CONSTANTINE,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY. MARIORIE M. STUDENT ASSISTANT COUNTY ATTORNEY C./dmin/ASW-99.0 Iiell/ts AGENDAITEM No. z7 — FEB 2 2 2000 MDM SERVICES 9416481106 11/02 '99 11:25 NO.771 08/08 -% "AI) METES & BOUNDS DESCRIPTION (An regaested by Client): A portion of the West Ralf of the Northwest Quarter of the Northwest Quarter of Section 25, Township 46 South, Range 25 East, Collier County, Florida, being sore particularly described ea follows: Commence at the Northwest corner of said Section 25; thence X.89'56'45"E., 100.01 feet along the North boundary of said Section 25; thence 5.0046'00"E., 150.01 feet, psrellel with the West boundary of said Section 25, to the intersection of a Collier County right-of-way, as shown in Road Pint Book 2. page 37 of the Public Records of Said County. with the south right-of-way line of County Road No. C-846 (Isuokalee Aosd). is recorded in Offitial Record Book 1545, page 445 of the Public Records of asid County. and the POINT OF BEGINNING; thence 11.69°56'45"E., 562.19 feet along said -South right-of-way line to the E.aat boundary of the West Half of the Northwest Quarter of the Northwest Quarter of said Section 25; thence S.00'52'15'1E., 1179.82 feet along said East boundary to the South boundary of the Northwest Quarter of the Northwest Quarter of said Section 25: thence S.a9'56'16"W., 564.33 feet along said South boundary to the East right-of-way line of the Collier County right-of-way shown is said Road Plat Book 2, page 37; thence x.00•46'00"W., 1179.67 feet along said East right-of- way line to the POINT OF BEGINNING. Containing 15.255 acres, sore or less. mommormmo..r, Num mo sus, • AGENDA num FEB222000 To.a -1410.1.- — — �.w ... moor jw.f...11 � I i I el 1 i 1 t i i I i i ! Y! „ 1 i pm0 777. i Pk RI i I " i i _1 - . .;.. 1 1 a Iii E L.- _. ,- .--1. . - [ 1 1• I in" I __ .__l ..1 ._ - iii C rel li Io .. *4• • Plit 1 ! . e ; • • . . . 5 e 6 - - caw .:... 1. fe----1 i ; - ivdaJ1 - -- . 2 :„... t, 6.a•' I . 1' i --I — P •i 1 I - s-+.. .. 1 1 I - rs 1 o.o M g l • 1 j ...r y' � I ' �4 ••• • •' V. .II..�• ..i.r' r.rr-Y4 . • ...... 1 `..r .r. r•�1 Til • S.R. re.,aaaAI cE ) SND' l I �s 1 11 1 "'� it I it 11 111 FES 2 7 9000 1: it 1 : i 141) pg. !/,• TO%4 9Z:80 Ess" -3C £0/£O 9££'ON Lti=LL 66, OWZL 90LL8479L-76 S DIA 13S WOW 7 JJe 1 . 1 RESOLUTION NO.2000- 61 RELATING TO PETITION NUMBER ASW-99-1 FOR A 300 FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS,the Legislature of the State of Florida in Chapter 125,Florida Statutes,has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ord. No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances;and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum required separation of 500 feet between automobile service stations;and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County further provides the criteria by which said evaluation to waive all or part of the minimum distance requirement shall be made;and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of granting the waiver of the 300 foot waiver from the 500 foot separation requirement between service stations for a service station located on the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County;and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County,Florida,that: The Petition ASW-99-1 represented by MDM Services, Inc., on behalf of Sam's Club with respect to the property hereinafter described as: Exhibit"A" -1- • 17 1 be and the same hereby is approved for a waiver of 300 feet from the minimum separation requirement for service stations of 500 feet between the above described property and the lot on which the nearest service station establishment is located, with a resulting required minimum separation requirement of 200 feet, subject to the following conditions: 1. Development of the site shall comply with Section 2.6.28 of the Land Development Code. BE IT RESOLVED that this Resolution relating to Petition Number ASW-98-1 be recorded in the minutes of this Board. This Resolution adopted after motion,second and majority vote. Done this aa-a day of 140_6!\ILLM ,2000. ATTEST:. • BOARD OF ZONING APPEALS DWIGHT E.BItO4,CLERK COLLIER COUNTY,FLORIDA Attest as to v i a 1*S TIM�THY O ANTINE,CHAIItMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARSO M.STUDENT �~ ASSISTANT COUNTY ATTORNEY G:hdmidAS W-99A I/CBNu -2- 9416481106 11/02 '99 11:25 NO.771 08/08 MDM SERVICES 0 mull -- 171 • , Cy It TZS & BOUNDS DZSCXIPTION (A■ requested by Client): A portion of the West Half of the Northwest Quarter of the Northwest Quarter of Section 25, Township 46 South, Range 25 East, Collier County, Florida, being more particularly described ss follows: Cocmeaca at the Northwest corner of said Section 25; thence X.89.36'45"E., 100.01 feet along the North boundary of said Section 25; thence 5.00446100"E., 150.01 feet, parallel with the Vest boundary of said Section 25, to the intersection of a Collier County right-of-way, as shown in Road Plat Book 2, Pogo 37 of the Public Records of Said County, with the south right-of-way line of County load No. C-846 (Isnokalee Road), as recorded is Official Record book 1545, gage 445 of the Public Records of said County. and the POINT OF BEGINNING; thence k.e9'56'454E., 562.19 feat along said .South right-of-way line to the East boundary of the haat Ralf of the Northwest Quarter of the Northwest Quarter of said Section 25; thence 0 5.00.52115ez., I179.82 feet along said East boundary to the South boundary of the Northwest Quarter of the Northwest Quarter of said Section 25; thence 5.9'56'16"V., 564.33 feet along said South boundary to the East right-of-way line of the Collier County right-of-way shown is maid Rood Plat Book 2. page 37; thapte N.00'46'O0"V., 1179.67 feet along said East right-of- way line to the POINT OF BEGINNING. Containing 15.255 scree, bore or less. AGENDA ITEM FEB 2 2 200 3 ,. • . A .TO"tii 1:110.1. 171 tiil itsIss .. v 1..., fe i rnili yilliitiviriflr 0 i _ 1 i 1 i J , 1 . - i 1 Inn int . I . i il ja , . I .. . . , : .4 i . •• .. . . . . : • 4,211 A , P n --- - i I _ iVRI , 1 :•ii • 1 1 . i li 1 i : .. . • . ; . . .. ...,,, 1 .......... T.- 1, ,......... : .. r---, k I i ....... I 1 , i ...._ i _. • ."" — -— i - I =a= 1 C. ryirmerJa.i.AL; 1 i lijil 1 2 i 0 - 42) r ' ,........... ....,. . , i i• •: .:. :..:.....:;,• ••1._,.,...i , ::i 1.... . . ._,.,r,„:„...,......:=,,... .... - .._......._._i I 311r-ir . ... ;ZZ . I I k ........•••• ••••••....... .. -1; rbital:datmeNIMAMILLEIS4 1 ill 11 ill 1 11 lil g 1 Ili 11 AGENDA ITEM 1 r :.. I o V' x il gP i 1 Cik . , 1 1 — "C iti FNaP- 2 2 ?OM : i 1 CO ! , Pt• /I/_ Tc,•.4 9Z:B2 666 —22- £0/E0 9ci'ON 2_47:LL 66, Olin, 9OLLEV791,476 SDIAllgS WCIW _ ____ EXECUTIVE SUMMARY PETITION ASW-2000-01, DAVID H. FARMER, P.E., OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING 7-ELEVEN, INC., REQUESTING A 300-FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks a .waiver of the minimum separation requirements set forth in Section 2.6.28. of the Land Development Code (LDC) if it is demonstrated by the applicant and determined by the Board of Zoning Appeals that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. The petitioner wishes to locate a 7-Eleven convenience store selling motor fuels at the intersection of U.S. 41 and Collier Boulevard (formerly known as C.R. 951). - -. CONSIDERATIONS: The subject site is located at the southwest corner of U.S. 41 and Collier Boulevard in the Capri Commercial Center. The property is zoned C-4(General Commercial). Staff's analysis and subsequent recommendation, and the Board of Zoning Appeals determination, are based on specific criteria as set forth in Section 2.6.28. of the LDC. These criteria generally address the existence of natural or man-made buffers, or other mitigating circumstances which may help lessen the impact on surrounding properties, especially residential, from the high level of intense use which typically occurs on automobile service station sites. Staff's findings based on these criteria are summarized below. The site is located within the Capri Commercial Center, adjacent to an existing Walgreen's drug store, and the subject tract has 171 feet of street frontage along the east-bound lane of U.S. 41 just west of the Collier Boulevard intersection. Both U.S. 41 and Collier Boulevard are divided, four-lane arterial roads. The property is accessed directly from U.S. 41 and indirectly from Collier Boulevard by a driveway through the Capri Commercial Center. There is an existing Mobile gas station 200 feet from the site at the northwest corner of the intersection, and a Circle- K gas station 448 feet from the site on the southeast corner. Access to both of these stations by traffic southbound on Collier Boulevard would be problematic, involving the need to make U- turns and/or cross multiple lanes of traffic. The subject property abuts C-4 zoning to the east, south, and west, on the south side of U.S. 41, with C-4 zoning and a commercial tract (Freedom Square) of the Lely Resort PUD on the opposite side. The proposed facility would operate on a 24-hour basis. AGENDA CTtlrl No. /7 1 SEP 1 2 2000 i a g 1 �fgy • s Ea' llibillilb. ,411944)11, Oce vs) OGNA3ygg x3nlpo i ii/44 t A Q �� sl W / 01 4ev i' co g cf-/(3 o \ I br i w — (4?/.()N co U —1 / it 1 i; a ! . li 2111 15f 40 i _ i 0 c.1 . 3 • to 770S Ca JOH 4 ( at Z 0 W i V A I= Iii E n V r 3 / P d I o U p o 8 z 41- M 0 EL Hca VD t 13 Q - if ' p. ---Al :\ it, . ti 1 �, o v g a ! R a� ��0 1 p _ AGENDA ITEM gl l i III P 1 2 2000 PQ. 0'2 .._...., P D h1 LELY RE SORT Cy &S C,9 TRACT 16/11 O P U D O& FALLING 1, C - 4 <JJ. WATERS EXISTING St1 MOBIL <O ryoo TATfON �� Tq Oma. i PROPOSED iihfr2 ROPO EN �st ��JC - 4' illA 3 '' ., 3 4 CD EXISTING GAS Uj STATION a - C - 4. T 0 S �c7 W F,9�AS`7 • D CO I A. TR c� -9T m 1. cr CO J CC • P J 0 EAGLE CRE C - i . ___ , 07 2. SEP 1 2 2000 4 ,, OR TH 3 C'-I" � INC.wn+r: 7- Elf Ra .�.°N To sA _. COASTAL ENGINEERING CONSULTANTS, RANK b / COASTM.&C .ENG EERS'PLNIERS'SURVEYORS'GEOLOGISTS nnE 7—ELEVEN ® CAPRI smut OF , 3106 S.HORSESHOE ORNE•NAPIES.FLORIDA 34014 ';40111111/101111 (141)64323x4•FAX OM)643.113 E-MAIL enpollr Ywn SURROUNDING ZONING AND LAND USES NO. 00074 The proposed facility would increase to three the number of service stations at the intersection of two major arterial roads; however, this addition would also allow southbound and eastbound traffic safer and more convenient access to a refueling point without the need to make U-turns or cross multiple lanes of traffic. The proposed facility should have no adverse impact on the surrounding properties. The petitioner has presented a written market study analysis, and a letter stating that this study does, in fact, indicate that the property is a viable site for a 7-Eleven convenience store/service station. FISCAL IMPACT: This separation waiver request by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. Proposed Commercial(C-4) District .98 acres developed with 2,960 sq ft F.A./1,000 x $5,000(road)= $14,800 F.A. x 0.30(fire) = $888.00 F.A. x 0.005 (radon gas) = $14.80 F.A. x 0.005 (bldg code) = $14.80 F.A. /1,000 x $250.00 (EMS) = $740.00 Total 2,960 sq ft comm=$16,457.60 Development of the site for a commercial use, should the site be developed with 2,960 square feet of commercial floor area,will generate approximately$16,457.00 in impact fees. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this project. GROWTH MANAGEMENT IMPACT: The granting of this waiver request will have no impact on the Growth Management Plan. • AGENDA 2 SEP 1 2 2000 Pg. y T HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EAC RECOMMENDATION: There are no environmental issues with this petition, therefore, this petition was not required to be forwarded to the Environmental Advisory Council for review. CCPC RECOMMENDATION: Section 2.6.28.4. of the Land Development Code does not require the Planning Commission to review petitions for waiver of distance requirements for automobile service stations. STAFF RECOMMENDATION: Staff recommends conditional approval of the waiver from separation requirements for automobile service stations from 500 feet to 200 feet subject to staff stipulations listed in the Resolution of approval. AGENDA ITEM '` Na /7C 3 SEP 1 2 2000 Pg. PREPARED BY: #7-" ,.- ____________ 1 GO' ENAUR D E �' " PLANNER II VI WED BY:i ( --.-- ti .• k 4, C0 R NALD F. NINO,AICP AlDATE CURRENT PLANNING MANAGER — ih/au R T J B J.MULHERE,AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR - APPROV D BY: 7p moi— 8 -a -c.)� VINCENT A. CAUTERO,AICP,ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Petition Number: ASW-2000-01 Executive Summary/Staff Report for 12 September 2000 BZA Meeting. t AGENDA ITEM No. /7F 4 SEP 122000 COASTAL CECT Groun Services ENGINEERING Civil Engrneeriro ti3 Ars., CONSULTANTS Coastal Ergreerrg INC Real Esa-e App•a°sa Envi,o.^.mentoi Assessmen A CECI GROUP COMPANY -' _"" . Websl>e:www.coostaiengineering co--r- April 21, 2000 • Li; Li Mr. Ross Gochenaur, Planner Community Development and Environmental Services Division 2800 N. Horseshoe Drive A 1, 0; C " v i . Naples, Florida 34104 RE: 7-ELEVEN #33004 SECTION 3,TOWNSHIP 51S,RANGE 26E C.E.C. FILE NO. 00.074 Dear Mr. Gochenaur: The purpose of this letter is to submit a Petition for Waiver from Separation Requirements for Automobile Service Stations for the 7-Eleven at Capri Commercial Center. The following items are enclosed: • One(1) Check in the Amount of$425.00 • Fourteen (14) Copies of the Petition. • Fourteen(14) Copies of the Letter of Authorization. • Fourteen(14) Copies of the Narrative. • Fourteen(14) 24 x 36 Copies of the Site Plan. • Fourteen(14) 8 'h x 11 Copies of the Site Plan. • Fourteen (14) Copies of the Market Study Analysis. Supplementary Narrative The purpose of this narrative is to provide information to support the addition of a gas station on the corner of U.S. 41 East and Collier Boulevard. A need exists for a gas station on this corner due to the access problems for the existing gas stations. Based upon access constraints imposed by existing medians, islands and median cuts, purchasing gasoline can be a safety hazard for the public. The Mobil gas station on the Northwest corner of the intersection is only accessible for traffic Southbound on Collier Boulevard or West bound on U.S. 41. Access to the Mobil station for Marco Island or Miami bound traffic is cumbersome. The station is not visible for Eastbound traffic on U.S. 41 until traffic is stopped at the traffic signal. Access is not easy for Eastbound traffice due to the fact that motorists must either make a U-turn on U.S. 41 or turn left onto Collier Boulevard and cross three Southbound lanes. AGENDA ITEM No. /7P 3106 S. Horseshoe Drive. Naples. Florida 34104 • Phone (941) 643-2324 Fax (941) 643-1143 • E-Mail: e gcoSElactc2fl.4.6i pg. 7 ENGINEERING CONSULTANTS. INC Mr. Ross Gochenaur, Planner April 21,2000 Page 2 of 2 The Circle-K gas station on the Southeast corner of the intersection is only accessible from U.S. 41 East. To enter the station from U.S. 41 a Circle-K patron must compete with traffic merging from Collier Boulevard turning right onto U.S. 41. This action forces traffic to share a traffic lane. If a patron is able to safely navigate onto the premises and they wish to travel on Collier Boulevard they must drive East when exiting for approximately 1/2 mile before there is an opportunity(on private property) to turn around. In conclusion the addition of a gas station on the Southwest corner of the intersection of U.S. 41 East and Collier Boulevard would aid motorists. Approval of this petition would allow motorists access from U.S. 41 and Collier Boulevard without having to cross multiple lanes of traffic or cause unnecessary delays when making U-turns. Should you require any further information,please contact me. Sincerely, COASTAL ENGINEERING CONSULTANTS, INC. David H. Farmer, P.E. Project Engineer AGENDA rrEM No, /7p SEP 1 2 2000 Pg. r� _Y� LTJ 114 „el P I�lORlp �,�,. llll��//JJ J N( PETITION FOR WAIVER FROM SEPARATION REQUIREMENTS FOR AUTOMOBILE SERVICE STATIONS " p • .. .. Petition No.: Date Petition Received: -. Planner Assigned: 0 6c ABOVE TO BE COMPLETED BY STAFF Petitioner's Name: 7-Eleven, Inc. , Store #33004 Petitioner's Address: 1300 Lee Road, Orlando, FL 32810 Fax: Telephone: 407/295-3078 Agent's Name: Coastal Engineering Consultants, Inc. , David H. Farmer, P.E. Agent's Address : 3106 S. Horseshoe Drive Fax: 941/643-1143 Telephone: 941/643-2324 Legal Description of Subject Property: Subdivision: Capri Cnmmarri a1 f'.Pn1- pit Lot(s) 2 Block(s) Z5 3G ' 000.0 (, 0 Section 3 Twp. 51 s Range 26 E Property I.D. # COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N.HORSESHOE DRIVE-NAPLES,FL 34104 PHONE (941)403-2400/FAX(941) 643-6968 AGEN�D/AA m APPLICATION FOR WAIVER OF SEPARATION PAG E 1 OF 6 REQ.FOR AUTOMOBILE SERVICE STATIONS SEf Z 2000 .:grip;•• e' C • Metes &Bounds Description: N/A Address of Subject Property: 12750 Tamiami Trail East (if different from Petitioner's address) Current Zoning and Land use of Subject Parcel: c-4, vacant • Adjacent Zoning&Land Use: ZONING LAND USE N C-4 Gas Station S C-4 Retail (•� E C-4 Retail w C-4 Retail What Is the extent of the waiver being requested (in linear feet) from the required 500 foot separation?_ (NOTE: This measurement is the shortest airline distance between the nearest points of any two lots occupied by an Automobile Service Station, or for which a building permit has been issued.) The distance from the proposed site to the existing station is 200' +/-. Therefore, the waiver request is 'for 300' . AGENDA Il E�M�f APPLICATION FOR WAIVER OF SEPARATION PA 3 ��—`�` REQ.FOR AUTOMOBILE SERVICE STATIONS SEP 1.2 2000 - — Pii•� .i,: `f.i Waiver of Distance Requirements: The Board of Zoning Appeals may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth in Section 2.6.28. if it is demonstrated by the applicant and determined by the Board of Zoning Appeals that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. Staffs analysis and subsequent recommendation, and the Board of Zoning Appeals determination, are based on the following criteria as provided by Collier County Land Development Code Section 2.6.28.4. Please respond to the below listed criteria to the extent you wish as it pertains to the proposed use; attach additional pages if necessary. 1. Describe the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing Automobile Service Station which may, as determined by the Board of Zoning Appeals, lessen the impact of the proposed service station. Such boundary,structure,or other feature may include,but not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals and a minimum of a four-lane arterial or collector right-of-way. The proposed site is bound by U.S. 41 and S.R. 951 to the North and East respectively. Both roads are divided 4-lane arterials. Each road has a concrete "median preventing traffic from making a left turn to access the proposed site. 2. Whether or not the Automobile Service Station is only engaged in the servicing of automobiles during regular, daytime business hours, or if in addition to or in lieu of servicing, the station sells food, gasoline and other convenience items during daytime,nighttime,or on a 24-hour basis. We propose a 24-hour convenience store and gasoline station. Servicing automobiles is not proposed other than providing compressed air and a vacuum for customer convenience. AGENDA SEM APPLICATION FOR WAIVER OF SEPARATION PAGE 3 OF 6 REQ.FOR AUTOMOBILE SERVICE STATIONS SEP 1 2. 2000 Pg. .0%'r-//•' pit 3. Whether the Automobile Service Station is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. • The proposed site is located within the Capri Commercial Center and is accessible from U.S. 41 or S.R. 951. 4. Whether or not the granting of the distance wavier will have an adverse impact on adjacent land uses, especially residential land uses. This property is completely surrounded by other commercial properties, the majority of which are zoned C-4. Waiver Request Submittal Requirements: The request for an Automobile Service Station waiver shall be based on the submittal of the required application, a site plan(measuring no larger than 24"X 36"), and a written market study analysis which justifies a need for the additional Automobile Service Station in the desired location. The site plan shall indicate the following: x The dimensions of the subject property x All vehicular points of ingress and egress and their relationship to the parking area and site circulation x Demonstration of compliance with all requirements of this Code including the location of the structures on site,landscaping,off-street parking, site circulation, architectural design guidelines,and signage AGENDA No. / APPLICATION FOR WAIVER OF SEPARATION GE 4 OF 6 REQ.FOR AUTOMOBILE SERVICE STATIONS SEP 1 2 2000 Y.\ .1 r• ♦/0♦l01 _ x The location of all proposed buffer areas and their dimensions x The layout of road(s) on which the proposed station fronts or to which access is provided,including the type of road(s),the number of lanes, and the location of intersections and turn lanes,median locations and median widths, for a 500 foot distance from the subject parcel UPON SUBMITTAL, PLEASE INCLUDE FOURTEEN COPIES OF THE ABOVE APPLICATION AND SITE PLAN (MEASURING NO LARGER THAN 24" X 36"). IN ADDITION, PLEASE INCLUDE FOURTEEN REDUCED (8 1A X 11 ) COPES OF THE SAME SITE PLAN. AGENDA I No. /7c. APPLICATION FOR WAIVER OF SEPARATION P GE 5 OF 6 REQ.FOR AUTOMOBILE SERVICE STATIONS SEP 1 2 2000 Pg. .01.1./4. /"'oR `' .0, -s. ' I. .(i1 •—il*1` AFFIDAVIT We/I, . - i , .., . . t eing first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/Ifurther authorize Coastal Engineering Consultants, Inc. to act as our/my representative in any matters regarding this Petition. ---- itilLddir L ,-e Prrri4.1 .ignature of Pr`.perty Ow er Signature of Property Owner HT GcJ Zt1 v2.-sfi ►e d f w ffls rs . I-Kc Typed or Printed Name of Owner Typed or Printed Name of Owner Theoregoin instrument was acknowledged before me this(p`°-) day of 1 , 7--, by hf_1 . Tiat?- who is personally known to me or has produced flir'4 liL kr-(6 ;z-4 -1,-as identification. BUcn ' 73; State of Florida (Signature of Notary Public-State of • County of Collier Florida) +""" R.SMCUUR ,.; r_ MY COMMISSION I CC 794525 `s EXPIRES:December 27,200¢ (Print, Type, or Stamp Commissioned ea..- Bonded WNotwy unaa,Nt.n < Name of Notary Public) AGENDA 1 ETEM'� ^`" No. /7 C APPLICATION FOR WAIVER OF SEPARATION AGE 6 OF 6 REQ.FOR AUTOMOBILE SERVICE STATIONS SEP 1 2 2000 Pg. /'7 I AUG-01-2000 16:33 SOUTHLAND CORP. 407 532 1811 P.02/02 ars.. Laura L.Foster E n 7-Eleven,Inc. Phone(407)532-2059 Fax: (407)532-1811 August 1,2000 VIA FAX and U.S.MAIL Fax:(941)643-6968 Mr.Ross Gochenaur Current Planning Section Collier County Community Development Services 2800 North Horseshoe Drive Naples,Florida 34104 12E: 7-Eleven#33004 SWC U.S.41 @ 951 Naples,Florida Dear Mr. Gochenaur: 7-Eleven, Inc. is seeking a waiver of the distance separation requirement for the construction of a new store at the above referenced property. 7-Eleven, Inc. has evaluated this property using the following tools to determine its viability: • MPSI Systems,Inc.:provides site analysis&sales projection for site and competition • Demographics Data:to determine the population density surrounding the property • • Mapping Package:to show the demographic information and competition on maps • Aerial Photographs:shows the site and surrounding areas in each direction • Internal Rate of Return Model: financial analysis based on MPSI sales and cost Using these tools, 7-Eleven determined that this property is a viable site for a 7-Eleven. All of .our models maintained the current level of competition. This site remains viable due to the traffic flow,area growth,demographics,competition,and ingress/egress. We would appreciate your consideration of this waiver request. Please let me know-if you have any questions or need additional information. • . Sincerely, Laura L.Foster Real Estate Representative "0.'4\ AGENDA Mac 7-Eleven Stores/Florida Division SEP 1 Z 2000 TOTAL P..g12 awn April 4, 2000 • VIA OVERNIGHT MAIL - Mr. Mark Harley Phone: (813) 353-0035 • ` r •'tl Hartley Purdy Architecture 1207 North Himes Avenue, Suite 3 Tampa, Florida 33607 RE: 7-Eleven#33004 (Marketing Study) c, 0 (` SWQ US 41 @ 951 Naples,Florida Dear Mark: Per our conversation at Monday's development meeting, enclosed please find a copy of the marketing study for the above referenced property completed by an outside third party, MPSI Systems,Inc. The result of the study for this site provides that this site will generate $84,000 per month and $1,008,000 per year in merchandise sales, and 143,000 per month and 1,716,000 per year in gasoline gallons. This report also summarizes the merchandise and gasoline volumes of nearby facilities. This is a major intersection and the traffic counts are reflected on theenclosed map issued by MPSI Systems,Inc. If you have any questions or need additional information, please give me a call at (407) 532-2059. Sincerely, Laura L. Foster Real Estate Representative • a►crNoAffEM 7-Eleven Stores I Florida Division SEPZ:2�� 1300 Lec Road/Orlando, FL 32810/ Phone(407) 295-3076 (ea oiVIs•oN O' Jr CORPORATION O Pg. / 1 .rke t. P la nn ing Solutions l n terns tion a l ' { MPSI Systems Inc. M eA South 118th East Avenue Oklahoma 74146 918-877-6774 800-727-6774 toll free 918.8776960 fax http://www.mpsisys.com December 9, 1999 Confidential Ms. Sandra Shaver RE: Single Site# 2084 7-Eleven, Inc. 1300 Lee Road Orlando,FL 32810 Dear Ms. Shaver: Attached you will find a summary of the one gasoline and convenience food case projection,_ detailed projection analyses, and associated computer printout for your site at US 41 & SR 951 in Naples, FL. These projections were generated using an MPSI REX database surveyed in June, 1999. You .,� may notice a difference in the appearance of the maps and reports. These were run on the new REX Model. The volume and variable score reports have been combined with each product. Any marketplace changes to the competitors, demographics, or street network that may have occurred since this date,with the exception of the changes you provided in our conversation, have not been considered in generating these volume projections. It is highly recommended that you visit this site and its local area to review for changes before investing any major capital at this location. • Please note that your potential c-store projection excludes lottery, liquor,money orders, fast food, and on-premise cooking sales. We have enjoyed working with you on this study. If you have any questions,please call. Sincerely; MPSI Systems Inc. NiiltE OWE , Kim Willbanks Manager,Client Services DEC 1 3 1999 .� cc: M. Dodd G. Stroud FLORIDA REAL ESTATE DEPARTMENT ITEM L.Norwood AGENDA No. J 7P SEP 1 2 2000 Pg. /7 TACTIC RESULTS _= = SS# 2084 BASE CASE: Increase gas volume in the area due to seasonally (although MPSI uses twelve month average volumes), increase the c-store sales to over $90,000 per month store (30012), and add 500 new homes per our conversations. Result: A total potential gasoline volume of 143,000 gallons per month. A total potential food volume of$84,000 per month. AGENDA DEM No. / 7P SEP 1 2 2000 pg. /V Category: Case Case Name: Market: FT.MYERS/NAPLES T1 Report No.: 1 2084 Refit and new 7 Eleven Study Date: Jun 25,1999 Run Date: 12/08/99 09:09 ✓' Case Outlet Detail for Outlet Number:00-0002 Outlet Identification Outlet 00-0002Type of Facility GAS MART Brand Sign CITGO l • Client Outlet ID Location/Traffic 1st Street Address RT 951 Suburb NAPLES Type Operation JOBBER 2nd Street Address HWY 41 Type Location CITY STR Near/Far Corner FAR Site Location CORNER Direction SW Has Access To Third Street N -Humber or Uedlcated Might Traffic Count Barriers Thro ugh Lanes posted Speed Near Traffic Control Hand Turn Lane First Street 29 FULL 2 45 Y - N Second Street 23 FULL 2 45 Facility/Ratings Pumps/Nozzles Fueling Positions Fueling Positions Pump Type Pumas Nozzles Canopy No Canopy Mechanical NElectronic N Single Hose Y Attendant Multi-Hose N Self 6 12 12 Starting Gate N Automat Diesel Ratings Additional Services Y Lot Size(FL) Front 201-250 Accessibility 3 Visibility 3 Check Cashing N Depth 201-250 Appearance 4 Money Orders Y Interstate Awareness Automat After Hours N Gasoline Volume(000) 143 Interstete Convenience Lottery Tickets Y Postal Services Y Diesel Volume(000) Auto Service/Repair Number of Bypass Lanes 2 Number of Bays Quick Oil Change . Price/Hours/Personnel/Payment Pump Prices REG Post MID Post PREM Post Attendant N N N • /""t Self 114.9 y 123.9 Y 131.9 Y •' Automat N N N Diesel N Discount for Cash Avg.Credit Difference Percentage Business Done Through Credit Cards Type Service SELF Method of Payment pre-pay N Credit Cards/Payment Location Manned Hours Open Post-pay Y Exact Change After Hours N Company Y Monday-Friday 24 Bill Acceptor N Bank/National Y Saturday 24 Credit Card Acceptor Y Other Oil Cards N - Sunday 24 ATM Card Acceptor N kumt�nt ovation 2 n SALE OFC CreditlDebit Location PUMP ISL Attend Serve Not Offered ' Ancillaries • Convenience Store Quick Service Restaurant Store Name 7-ELEVENNars Y Chain Name 1 Newspapers Inside Appearance 5 Cold Beer AvailableY Inside PromoUons/Merch Rating 4 in House Bakery N Chain Name 2 Store Type CSTORE In House Dell N Selling Space Rack 3001-4SMALL 0 Total Number of Cooler Doors 15 Chain Name 3 Chi!Reap Rack L RGE Number of Fountain Drink Spigots 10 Chip Rack LARGE Cigarettes-Sell Serve Available N Cake Rack X-LARGELARGCI rettaa-Price PercepUoNfMrch- 3 N Coffee Dispensers Number Breakfast Hot Chocolate Available Y Humber o1 Dedicated Perking Spaces 10 Lunch N Cappuccino Available Y CStoro Sates(5000) 84 Dinner N Drive-Up Window N Food Segment Number of Inside Seats Pius N Mexican N Chicken N Donuts N QSR Setas(5000) Hamburger N Sandwich N Fish N Other N Car Wash Building Car Wash Facility Type Wash Overrides Type Building M Bay N Hand Held Wand N Operations Brand Acceptance No.of Bays Warehouse N Full Service N No.Car Wash Sales Short Conveyor N Brush N Long Conveyor N Cloth N Gasoline 145 Car Wash Price Short Ddve-thru N Touchiest N With Fill((S Long Drive-thru N Dryer N C-Store 120 W5) ithout at Pump N Wax N k►rt4f1A ilfrkl ,........, No. f 7 ` - SEP 1 2 2000 •Data in Boldface represents original study Information / o a $ c^ N a) V `U) 3 2 n `2 m $ m n n co 0 co E u 8.. 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O in ti A m i F & t 8 M m E d i 8 8 o g / m .7 o' p a o, c Q ' :t -t — s s a 3 RESOLUTION NO.2000- 4 5 RELATING TO PETITION NUMBER ASW-2000-01 6 FOR A 300-FOOT WAIVER FROM THE MINIMUM 7 REQUIRED SEPARATION OF 500 FEET BETWEEN 8 AUTOMOBILE SERVICE STATIONS FOR PROPERTY 9 HEREINAFTER DESCRIBED IN COLLIER COUNTY, 10 FLORIDA. 11 12 13 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has 14 conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such 15 business regulations as are necessary for the protection of the public;and 16 WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ord. No. 17 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, 18 among which is the granting of variances;and 19 WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of 20 Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum required 21 separation of 500 feet between automobile service stations;and 22 •WHEREAS,Subsection 2.6.28.4.of the Land Development Code for the unincorporated area of ~ ,flier County further provides the criteria by which said evaluation to waive all or part of the minimum 24 distance requirement shall be made;and 25 WHEREAS, the Board of Zoning Appeals,being the duly elected constituted board of the area 26 hereby affected,has held a public hearing after notice as in said regulations made and provided,and has - 27 considered the advisability of granting a waiver.of 300 feet from the 500-foot separation requirement 28 between service stations with the resulting separation between service stations of 200 feet for a service 29 station located on the property hereinafter described, and has found as a matter of fact that satisfactory 30 provision and arrangement have been made concerning all applicable matters required by said 31 regulations and •in accordance with Section 2.6.28.4. of the Land Development Code for the 32 unincorporated area of Collier County;and .33 WHEREAS,all interested parties have been given an opportunity to be heard by this Board in 34 public meeting assembled and the Board having considered all matters presented; 35 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier 36 County,Florida,that: 37 Petition ASW-2000-01 represented by Coastal Engineering Consultants, Inc., on behalf of 7- 38 Eleven,Inc.,with respect to the property hereinafter described as: 39 • Lot 2,Capri Commercial Center,in Section 3,Towns"iip 51 South,Range 26 East,Collier AGENDA trEM County,Florida N0. /if p SEP 1 2 2000 Pg. ../P 1 be and the same hereby is approved for a waiver of 300 feet from the minimum separation requirement . for service stations of 500 feet between the above described property and the lot on which the nearest 3 service station establishment is located, with a resulting required minimum separation requirement of 4 200 feet,subject to the following conditions: 5 6 1. Development of the site shall comply with Section 2.6.28 of the Land Development Code. 7 BE IT RESOLVED that this Resolution relating to Petition Number ASW-2000-01 be recorded 8 iri•the minutes of this Board. 9 This Resolution adopted after motion,second and majority vote. 10 Done this day of ,2000. 11 12 ATTEST: BOARD OF ZONING APPEALS 13 DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA 14 15 16 • 17 TIMOTHY J.CONSTANTINE,CHAIRMAN 18 19 20 • 21 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 22 23 24 -rnoC 2.l Th• i.,66�L E —.. VlarjonM.Student Assistant County Attorney 28 G:ladmin/ASW-2000-01/RG/ts 29 AGENDA I No. /7 . SEP 1 2 2000 -2- 17F RESOLUTION NO.2000- 277 RELATING TO PETITION NUMBER ASW-2000-01 FOR A 300-FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ord. No. 91-102)which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances;and WHEREAS,Subsection 2.6.28.4.of the Land Development Code for the unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum required separation of 500 feet between automobile service stations;and WHEREAS,Subsection 2.6.28.4.of the Land Development Code for the unincorporated area of ""ti Collier County further provides the criteria by which said evaluation to waive all or part of the minimum distance requirement shall be made;and WHEREAS,the Board of Zoning Appeals,being the duly elected constituted board of the area hereby affected,has held a public hearing after notice as in said regulations made and provided,and has considered the advisability of granting a waiver of 300 feet from the 500-foot separation requirement between service stations with the resulting separation between service stations of 200 feet for a service station located on the property hereinafter described,and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County;and WHEREAS,all interested parties have been given an opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County,Florida,that: . Petition ASW-2000-0I represented by Coastal Engineering Consultants, Inc., on behalf of 7- Eleven,Inc.,with respect to the property hereinafter described as: Lot 2,Capri Commercial Center,in Section 3,Township 51 South,Range 26 East,Collier County,Florida -1- �.7 F be and the same hereby is approved for a waiver of 300 feet from the minimum separation requirement for service stations of 500 feet between the above described property and the lot on which the nearest service station establishment is located, with a resulting required minimum separation requirement of 200 feet,subject to the following conditions: 1. Development of the site shall comply with Section 2.6.28 of the Land Development Code. BE IT RESOLVED that this Resolution relating to Petition Number ASW-2000-01 be recorded in the minutes of this Board. This Resolution adopted after motion,second and majority vote. Done this /4/16:2- day of ,titZ".. ,2000. ATTEST: • BOARD OF ZON • 'PEALS DWIGHT E BitOCK,CLERK COLL ' •UNTY,FLORIDA 4: ,-etW rwl. 111,2, T Y J.C17 AN �E,CHAIRMAN Attest as to Chairman's signature only. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -)1 1. Marjori M.Student Assistant County Attorney oiedmin/AS W.2000.01/RQlu • -2- r- ..--* •-•-,------- )---1-_----_----::_-_- _n_7,....f::::::= ," 129 --? \1 - A \. 1-,;AV._;J21;V...e:4:f.,...;,',..(-:....,: Ii ' [ •• .44,,t;;:''. '44::,-;4•`4.4 15- ' .4 i•'4'44..4:-. -:---....4......-4:'....,, -4 -.--.4-;'.'.--:',:',-.:;...:C.';-:. 1.7444;i41-'4',44-4-5, ;': , ,,......,.,,..,,,..,..........,.........„.,.. --,.... .'' • I I. -----.• ---. ---Z----1-1--' :-1117. 1,,I 2,, 2 4 .51451h - .'''i2:':'•:•7:;. .1.:....-. ...............-::!...;;:-';'..!:!......-..-.:?..!:.:'';;:.',.•!4:-......-',.:::;,.!.. _._:.:g.::::::, ' ir- -- ..,SUNSET 1.A:6".,.., ..,.., . • ........-.. 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I F • 1 P" 1 12 I .--'--- • .-'---•-•-•-•-• • I CARreft STREET -rj ME a mi-- ,?,II 1 >gN 10,146.11‘ > M ..E--6---L.: MEM -1:21- RIF_ oi.seaolts; 8 tn MINI E '- • a 0 leitito'2111- - -I -7f; - 1-j---- :-- .. ; . r.P.. N FREDERICK 51REET Asio, 1, -• !AR= Hon It; r. 59 " 'F' 1111.11'111 I mr,al multi 115 .p m WC g tlik'illea -4-7, !WV= llge iiii (-0 -n - I i , 4bis AitAl.; _ Bk . ea et .._.>CA al 11 ll OA, MIMI r-r1 00 8 F PALM STREET MO 1111111K/ M. " "'3 741#741rn. ', MI glinil .- 11191 t 1 § 1 / I 400,40 / PP"•MMERCIAL DRIVE lkil° g 12.111A-F. 44.1). Pr:- h Ell . Ecm-‘4- .T EE§§ --.---....- 2 SPRUCE moor ,zo,' 44" 4100:116, al ,>- , :-:•,..-- =....LI r.-....g 1 I 2 1 Zan.NOTES COVII+13144103'' /8.'1 :'I -"o.-'11 ej FIA:=120" Mir ©W Aar 4, 04411 -4=-7.. _ C ., ..••••i t• t WI=_1 C 1 g" re-e.-me ELI Frau* A" A WIN= c . , AVONDALE DR. .•A -1- ..\• 7, - Attylii, .,. _ _ _ - --IL- MI ZU ? ..,......,.., - -e-- I > = PINE STREIT VVV L. ..if N -*--5 . -......„ -I r, ia a 1-7 ,7,1 ,. 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AJRPORT-PUWKC RO AO (CR 31) •-o -. 1 ?..- _ ..2.1 • r.2 .,......—.... • is e.. 2 • 2 i oz zt ,z, r— t r, a _,> • E. 'E ° . 1-' 0.512N Z 9,..,., 2 a • i E N > g - — --- .., • . i• 11111411-9 i • 0510NA ag „...- .1 . P 0 i i CARTER S1REET M , I 43,-op Al a ri —CI— tiarssator•Lq 1 u., I,. INIF41:1111N CURTIS STREET -1--... ,,,037, . , 6 - . • 2 4 • - - ... arta. ...II:. NJ bd hi • . r ' 0 FA T —‘r_r_ REDERICSTREE --,T. -. -ig 4 113/1 iiIi P. F r-rIE . _,,,,=.- ••• ., m .!..z.- ,. •-• MI b1 (5) >, . 1_ Ti_... _ • a ,-11-- t 4.6 a 4PAUI S7REET --PPI '1 4 •441.1111” 11":""".- 0 ... I E. 17 440 Alh..at ...AKIO'S ___ItilibIN"il - ..dillil I • a7CIAL Draw - z SPRUCE STREET 4343 Al.io, 44 A-_g m ...-__.- _ a 31.11/10 NO= 4z) if -' 4111MIIIIEFF4* 1,ill 45 , -oil 1 PU-13-11C II:= MEP •V7 AT 41# -is., ; .1.7 _ .4,9 4 7 1 11-00-34 11-1 0313 1 KI-00-21 31-30 ..° 61117 libel* 4101P Z1;.,,Vali:'le :: =NM=NM AvoNDALE DA 11 0-31-92/N2-5 92-73 " *et"I AV-. AP' 1111M KIN 514 A O.Deee-3oF3F0.1:T MA-nO-P=. 3N1-oa13ncAoom .4r.' II.s,",, I"ThPINE eISoTRNEET ..„., o17 7 Ai 1-,5N 1o ) .,.. _._ , • _ .. .. isa ma 3 .. MAI ILI tr, ,, il 'Age ta - LAT.-12_1. EN ES gEti 1E1 _AIMMIPINN,PeLTifulle lintlia1111111.4 .F,g 1-M : • 0.....!, ArAllin NM* 1 . NM .-. ME'KM _ r• N - Cir■ Mai - • -i- E i ' " 11111 11111911 1111111 0 m54 1 um Fri z Ng= wm, WM nil .7, -, *.•14,4. . - . IM01011nrillil Mg=1 n M WM NMI iii.. i: . • • r' 11 l':A 1 Mali ::211M imPimilin IA EMI NMI - :. 111 03 > EMI MIll - . . t 's -, 0 ; I F 5 • ;a• • : ,7 5..., t . Is—,pi . , . ..:1.,.. 111 : .• la, . SHADO5r71 DRIVE w - .• I I I 1 1 1 1 1 1 co -1 461" 6 414' -- -: 2 ,..: r.--J . .17 . .... :mil 1.61 al _ :11 1 .... • _. 8• P r SAYSIDE ORM 1.--grg _-r1 I .......p p 0 V. 0 - 1. A ‘ e 8 • ra .1....L.I. -› •-,-...v, 0 Fri 4 EMI MIIEIE= . '. :Dm 6 1111113131111 5_ t , 'ANDREW AVE:41; I il r2.; um a_ , 8 MICrelE111 2 0: i - - ip g_ I; .,KS EF'' _ _ -m,5_ mmi. -..11Zrill111111 § ,., - mom isEcfgi 0 itre.0- •LIME" • .111 WI .row MIEII:1111 • $ z rt - g A R 'WillrEM 61.: EI 111.811 .EIIIII :FM ........\ Nwhillillieliiiiilliiiiiiiiillir A mfICKAo: r - 3- Z . 4 •am an= LTigire--To- rjORPORT-PULUNG ROAD (CR 31.111 =fa ,:. . 1,,E t .F_.• :la Aja 0 " 0512N -•cu 0 0j al -,i; -... --I . IV • A LAST REVISION: ZONING .1-4:4, OTHER _ : The Historic/Archaeological Probability Mops ore the official • County source designating historic or orchoeol, resources. es 0 • i 11 11 1 i r_._._._.__._._._._._._ _._._. ax or 11!2535 --'—'_,F..... --- �... i E P , -.111 ENII i 1114E11E1Imp ; i < CARTER STREET ♦` ' ,—_- 1 A i 1�f � M 9 Z /; yM ; co v_ i n L WRITS STREET 2_4.7CURTIS STREET /T _ r- FREDERICK STREET s� r -1 40 M E -: -2- 7r '' r-. 11311W -..i.'W s 1P CO - -€ or-.-s- .s. 're 7- E lb w »q m C� asY v i g in _ = � » �� . 9 I- PAL:STREET g . I Mil i Ili .► COMMERCIAL - .1. : giii_cr4,"0" -- No n u . 11 tl as s w ;��O �o s»ewr:aareae �� .1. » - "�� kV".341';:c. `h am=52 p • SPRUCE STREET .. 41:-4.- C 8 3311040 NOt6 4 >> �� zuisuvuaTme rdi77��. Ati 9 - N_^+ we]]-18-96 vu-89-18 V - 3 w-97-350 Mil 3 1-10-91 W-66-nC .1P , E-1 b— M 8 H4-03 RI-WS 61014) `- 9 1-35-25Wt-11"71i-r) �y� B 911-11-25 97-25-1Q©� �Of ,� --+rE{ '�L L S w© AVONDALE II 9-22-12 754 © -jJ _=�I�p• d. B Sr 1 11Y-91 OV-01 91-42 91- lip © - O y 0 m— — 13 1011-91 9-91-1 91-43 ` » Rq 13 110-19-21 R-91-1 91-71 / 1. �a MX EM XV,.. 11 1-13-94 C3194-3 ,713 ® .� �- 94-37 14 1-25-114 CS-91-9 91-11] ©,� w EA g 18 19-9-99 9w9-3 29-4N 1T 3-30-97 CO-97-1 97-23i I "� S ��a Ji. 18 9-11-99 N-9h1] Oh]99 o e/ - .µj SiRrrl- I_ - ' 19 11-Ih2D v-09-31 e9-m -Q, L PINE STREET T -- ;� 20 4-11-00 V-00-4 00-120 r a s r s I r 1..' = ' n 13-00 9-09-9 00-170 125 — — — . a 9-11-00 9.49-1 00-107 Y 23]-n-n MO-01014 n-11 ©r b 1- - _- - C tt '2; s _ , 24 1-he1 4-6-01-4-413)] 01-01 V r '�' ._ 13 9-1]-09 04-06-11 6-97, hr r .9 V V _ - u _. - 9 s T, 26 9-11-04 91-01-N1-S494 Oh1n L >/ 17 1-16-06 10C on 06-08 I.. �-/ r B�i. - • q 0 �E 9nna9ufia nuauos uaalrwrars a 7.7-...,..-m- U » — -- --i N »•• 0 9-11-01 1091-4 91-13 Ge L C Y y � - © 10-119-91 a-02-1 43-n e /C �PELTDN AVENUE •-IR I = I I I 3 1 1 I I I 1 2 rim .1R1Mayl ;1;1E4t="sala ga1_�o wlwl.z " > D WSW I m 1 X '» -1 I I I i l I I I I I I O= 1 8 . $j w �;PINELAND AVENUE n A ro S -y�I I !, F. 1 ' 0 i e _ Li.,.w-iv D:arU,t I-i1 0 -I w Y 4 0 > ayaL _O__0_,.., . p a Ii i K - SHADOVAAVM DRIVE e ,.... NI 0,i g R 2 EMI Ne I!!!ea : e. a: , OM IIMIIM NM H N I M F BAYSIDEI DRIVE `1 IVa y w g '-,. L --r I C» r.< m§ C r�1 IN-1 L a fn i '� i Vyw '1-. G � �E�s $ -moi ANDREWRIVET�15 1 TI o QO�°�MR!0MU. g - Ms irti O N 2 Z '>1 . `i 1 iIi: 1I. r2, g z a yo E�a E:ira F Pr 0. 6 2 Irl 7Z rpv R.W�N 1'1 NI �_ Z3 .ZI N �1 " A M s V17 `�!N .1• n NINIIII© 8 t^ 2 z a ' g ' _ r,,s c -� 2�i _ ter. '��' ► IN 1�. to O aY > q >q 5 C _ A1R.ORT.Pa INV-110-. (J17t) YY r� v N m - 9 2 n' i A ®L =L= �D L J_ �» J P1 o r- Ell E CO O ttn 7) g o 9 051214 N 'o Prepared by and to be returned to: RaceTrac Petroleum,Inc. Attn: Philip F.West,Esq. 3225 Cumberland Boulevard,Suite 100 Atlanta,Georgia 30339 QUITCLAIM DEED THIS INDENTURE made this day of Tu--c ,2016,from NAZDAR,INC., a Florida corporation ("Grantor") to SOUTHERN CORNERSTONE PROPERTIES, INC., a Georgia corporation ("Grantee"), the words "Grantor" and "Grantee" to include the respective heirs, executors, legal representatives, successors and assigns of said parties where the context requires or permits; ---S WITNESSETH: THAT, Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, at and before the sealing and delivery of these presents,the receipt of which is hereby acknowledged by Grantor, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and forever QUITCLAIM unto Grantee, all that tract or parcel of land lying and being in Collier County, Florida, and being more particularly described in Exhibit"A" attached hereto and incorporated herein and made a part hereof by reference thereto,and,together with all • and singular the rights, members and appurtenances thereto, to the same being, belonging, or in anywise appertaining,being hereinafter referred to as the"Premises". TO HAVE AND TO HOLD the Premises to Grantee, so that neither Grantor nor any person or persons claiming under Grantor shall at any time, by any means or ways, have, claim or demand any right or title to the Premises. [Signatures on the following page] IN WITNESS WHEREOF, Grantor has caused this deed to be signed, sealed and delivered as of the day and year first above written. Signed -sled and delivered NAZDAR,INC., in - p sence a Florida corporation /, A� Pr 1 ame: '& D Liiv-' By: Name: Dale E.Chlumsky (----1i -4 r„ Title: President Print Name: 11/V-rc.!/ 6,,r:4,6 rz STATE OF FLORIDA COUNTY OF L The foregoing instrument was acknowledged before me this l I day of 2016 by Dale-E. Chlumsky, as President of Nazdar, Inc., a Florida corporation. He/she is personally known to me or has produced :: i.entificatio and who did (did not) take an oath. ' 1/ :7k RICHARD D.LYONS No . ' blic _,." Commission#FF 243308 Printed Name: Expires June 23,2019 i'n,.e Boded' awFinImsaws 900385.1019 My Commission Expires: [NOTARY SEAL] Exhibit"A" LAND DESCRIPTION LOTS 37, 38, 39 AND 40, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 37, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.89°23'16"E., ALONG THE SOUTH RIGHT OF WAY OF FIRST STREET, A 30 FOOT RIGHT OF WAY, FOR A DISTANCE OF 210.00 FEET TO THE NORTHEAST CORNER OF LOT 40; THENCE S.00°39'49"E., ALONG THE EAST LINE OF SAID LOT 40, FOR A DISTANCE OF 120.00 FEET TO THE SOUTH LINE OF SAID PLAT;THENCE S.89°23'16"W.,ALONG THE SOUTH LINE OF SAID PLAT, FOR A DISTANCE OF 210.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 37;THENCE N.00°39'49"W.,ALONG THE WEST LINE OF SAID LOT 37, FOR A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 25,200 SQUARE FEET,OR 0.579 ACRE, MORE OR LESS. SKETCH TO ACCOMPANY DESCRIPTION A.—, .. N .-'•-•SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION* N. , sN. 1 ......ez --,.... ., IN , N. Leurprrk. I --•st N."N. N... N .... g.r.o. 1,Cor:Cr nti.o..14 ., r$,- ‘'... f•lc.-S_.ki=et • • ‘. . . 1 I-_, N.. ."-Nr, N. .. P r , N.. 'N14 . Ma 1 1 ! N". 2' • '',.. at A i i-,, /4/.,N. , I 0 i . •••., 4 ...„ , :, j i. *-..„ 2,, . ...its 'N. :41, VW •... LitiN .. ...-.---.-4 Si... ......:1.0,..C. i ''' . LD,i , ‘ it 1 -.... ''•,‘•,... 3-i N. -.. N. - --ic--., • - = ' '.., N./ N. , '''i • , r I , 1 - Lay I 1'6.. 1 • i - -•,. I '\, ...'N , \ • 7.' 4' s • i4 . •' -,1 ... e sc,.... ....:•••.. ,,. ...„ --1 Lar 7 t 1..+0 VI,99 ,,.11,',..,,,4e•s• • 5 ; 7... '..'I ; ... ; NC / -N., 4'o.-N..44. ',.. a ! ,•... ,..• • ••••• 14 • ---- ---1„, i . 4 I t : 'N ''',.. . tcT 7.1 Ej . : 1. ''''... • ss.., Waal • .1 '; ...--1—, --. Ter 4-.--/- .,.. ,, ; F. :. N., -,,_ N. I 1 . i •._••a.4.... .2%4••a 4c A,iT• ..., • ; 'N '- •' 1 0- ' , • ..„., . UM ID i tt.. 1 Cp1.-elle-e.Z1121.1.RACt I .."-; i '...,?..i s 13..B1,PG 11 ! _ I, :P. j 1 1 '- ',.. . . . . . . „ . t . „ . .,.. . :., . • \I ‘... 4.2vni ; 1 .;-: : g . -:-. . . ,.. 1 . Jq. j _ j f ^7". :' : -.1 . 51-, i . -' i4 , ‘,.. --- 1 -2. • 2 5 I 5 -...t! Ill..., ; . . i ;, • -,.. .. LCT 12 I I, i _ •.0 • . :, I ; ",... 1 i i i - : —j.:.:„,i— '.. ; :. I — , f.C.7 13 I i FV.ST ST;;; T 0..41; .)4 • • ,, • '... N. 11&WIC C mprd ,-...,"•*LL'*:! :-..... '.2.:-...1 .7 11 I 4 1 1 _ ccr LaT ri 1 ,, ! ., --1-uo---1 0" 6 t' ';'‘ I 3 k 11 .- -'l r, i ::. 1 *•• '-- • . . ;•••.; r ;' 1 .§. ,„bi.t. s" i -1 •4 : :..t. . !... i !..tir lb t , , 1 Z ' 1 : ... tE2 ••••• .. , • -........1 1_ N. ...---.., .i 1._..t.tr •...ncr •••^4, ' x:r..• • CA; 4 19,r _ % i .,....gl.t......_____I ws vrk.co ::•?...c.zr .......,•-..„ 1---kor 9 I 7.17; I :.1-::.-1.-1.-;-;7:Mr•-..! :WTI. '...•1: ' au,! I t .-, ' 0•2/4. ,...:1.'1%cc I . 114*" ' i ' I -raisk3 NOT A 51,12.M* 1r7i7"-- SKETCH OF DESCRIPTION mynas: • 1.6-...0945...,,E AVM cri 1.;cla.,.• Cr 01 Cr rcilr=ittr Jc.is= AIETRON '":b5v„7,21:7: _ . . T.USW=XIC DC r=i Aus t %SLITCW.r.r.NCT kaurriNG rtfMt''47-/1111S-4$t2 044,4-3 DINO', to.t 7-17 215-{.1.17 . • Le4,....;1.1tVt.tit.11tts11.4.V444:: 4.MAC&I ( CT 79 FAZYM174: .,/. naurixtim till=t1:11:136 Mt UK Xn 11.847-17-WaSt=twesta AM iir'W.:---""----'s-74.1145("cr• 1•9'.4••,••••.).Dia ..• l3=stet71,=Mt AD LIK7Art7L14. 3720 PAZ drz I 14/t, I 3-0"2- - • JACO arc x,..e.l tem I ccisla r•• frup•ct/Pri .. ilL0 I'•••ri;"i nic : 1 c-cf•- . .... „„.........„ This instrument prepared by after recording return to: Philip West,Esq. RaceTrac Petroleum,Inc. 3225 Cumberland Blvd.,Suite 100 Atlanta,Georgia 30339 Parcel Number: 26880440008, 26880440000, 26880480002 SPECIAL WARRANTY DEED THIS INDENTURE is made as of the 1 day of S"-e , 2016 by NAZDAR, INC., a Florida corporation, whose address is 1199 Third Street South, Naples, Florida 34102 (hereinafter "GRANTOR"), to SOUTHERN CORNERSTONE PROPERTIES, INC., a Georgia corporation, whose address is 3225 Cumberland Blvd., Ste. 100, Atlanta, Georgia 30339 (hereinafter"GRANTEE"). WITNESSETH: GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and for other good and valuable consideration in hand paid by GRANTEE to GRANTOR at and before the sealing and delivery hereof, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and does hereby grant, bargain, sell, alien, convey and confirm unto the said GRANTEE all that tract or parcel of land lying and being in Collier County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Land"), TOGETHER WITH all buildings and other improvements and fixtures situated thereon or attached thereto and all tenements, hereditaments, improvements, appurtenances, rights, privileges, easements, licenses, benefits and rights-of-way appurtenant to, benefiting, or pertaining to the Land, and all of GRANTOR's right, title and interest in and to any existing or proposed streets, roadways, alleys, sidewalks, and/or rights-of-way adjacent to the Land (hereinafter collectively called the "Property"). AND GRANTOR covenants and warrants unto GRANTEE that GRANTOR is lawfully seized and possessed of the entire fee simple estate in and to the Property; that the Property is free and clear of all liens, encumbrances, easements and restrictions of every nature and description except as disclosed on Exhibit"B" (the "Permitted Exceptions"); that GRANTOR hereby conveys good and marketable fee simple title to GRANTEE; that the Property is unoccupied and free of any lease or other right of possession or claim by any party other than GRANTOR;that GRANTOR has the lawful and good right, power, and authority to convey same to GRANTEE; that GRANTOR will execute and deliver such further conveyances and do such further acts as may become necessary to fully vest in GRANTEE the entire fee simple estate in and to the Property; and that GRANTOR will warrant and forever defend the right and title to the Property unto GRANTEE, GRANTEE'S heirs, executors, administrators, successors and/or assigns, against the lawful claims of all persons claiming by, though or under the said GRANTOR and not otherwise. TO HAVE AND TO HOLD the Property, together with all and singular the rights, easements, members and appurtenances thereof to the same being, belonging or in anywise appertaining,to the only proper use, benefit and behoof of GRANTEE forever in FEE SIMPLE. [Signature begins on Following Page] IN WITNESS WHEREOF, GRANTOR has caused this deed to be signed, sealed and delivered as of the day and year first above written. GRANTOR: • Signed, s-aled and elivered NAZDAR, INC., in tt enre of a Florida corporation Aftj Pri Name: c.rh4,C0 0 L///J Name: Dale E. Chlumsky Title: President Print Name:.. -?j ,1 ,/{(c „ham. STATE OF FLORIDA COUNTY OF L�� The foregoing instrument was acknowledged before me this 77` day of T nt , 2016 by Dale E. Chlumsky, as President of Nazdar, Inc., a Florida corporation. He/she is ersonall known to me or - •roduce as identification and who did (did not)take an oa . • Nota rublic rVii�-, RICHARD D.LYONS ,a, '1 Commission#FF 243308 Printed Name: -+3- '= Expires June 23,2019 MTh, Bonded TM!to/Fen Win=10336S1078 My Commission Expires: [NOTARY SEAL] Exhibit"A" PARCEL I: LOTS 37, 38, 39 and 40, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN PLAT BOOK 1, PAGES(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS ROAD RIGHT-OF-WAYS. TOGETHER WITH THE ADJACENT RIGHTS OF WAY OF FIRST STREET AND AVENUE"B" (TO BE VACATED). Exhibit"B" Permitted Exceptions 1. Taxes for the year 2016 and subsequent years, not yet due and payable. • 2. Collier County Resolution recorded in Official Records Book 649, Page 1239. 3. Recorded Notice of Environmental Resource Permit recorded in Official Records Book 5246, Page 3983. • This instrument prepared by after recording return to: Philip West,Esq. RaceTrac Petroleum,Inc. 3225 Cumberland Blvd.,Suite 100 Atlanta,Georgia 30339 . Parcel Numbers: 26880240006 SPECIAL WARRANTY DEED THIS INDENTURE is made as of the day of S0 , 2016 by CHLUMSKY HOLDINGS, LLC, a Florida limited liability company, whose address is 1199 Third Street South, Naples, Florida 34102 (hereinafter "GRANTOR'), to RACETRAC PETROLEUM, INC,, a Georgia corporation, whose address is 3225 Cumberland Blvd., Ste. 100, Atlanta, Georgia 30339 (hereinafter"GRANTEE"). WITNESSETH: GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and for other good and valuable consideration in hand paid by GRANTEE to GRANTOR at and before the sealing and delivery hereof, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and does hereby grant, bargain, sell, alien, convey and confirm unto the said GRANTEE all that tract or parcel of land lying and being in Collier County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Land"), TOGETHER WITH all buildings and other improvements and fixtures situated thereon or attached thereto and all tenements, hereditaments, improvements, appurtenances, rights, privileges, easements, licenses, benefits and rights-of-way appurtenant to, benefiting, or pertaining to the Land, and all of GRANTOR's right, title and interest in and to any existing or proposed streets, roadways, alleys, sidewalks, and/or rights-of-way adjacent to the Land . (hereinafter collectively called the "Property"). AND GRANTOR covenants and warrants unto GRANTEE that GRANTOR is lawfully seized and possessed of the entire fee simple estate in and to the Property; that the Property is free and clear of all liens, encumbrances, easements and restrictions of every nature and description except as disclosed on Exhibit "B" (the "Permitted Exceptions"); that GRANTOR hereby conveys good and marketable fee simple title to GRANTEE; that the Property is unoccupied and free of any lease or other right of possession or claim by any party other than GRANTOR;that GRANTOR has the lawful and good right, power, and authority to convey same to GRANTEE; that GRANTOR will execute and deliver such further conveyances and do such • further acts as may become necessary to fully vest in GRANTEE the entire fee simple estate in and to the Property; and that GRANTOR will warrant and forever defend the right and title to the Property unto GRANTEE, GRANTEE's heirs, executors, administrators, successors and/or assigns, against the lawful claims of all persons claiming by, though or under the said GRANTOR and not otherwise. TO HAVE AND TO HOLD the Property, together with all and singular the rights, easements, members and appurtenances thereof to the same being, belonging or in anywise appertaining,to the only proper use, benefit and behoof of GRANTEE forever in FEE SIMPLE. [Signature begins on Following Page] IN WITNESS WHEREOF, GRANTOR has caused this deed to be signed, sealed and delivered as of the day and year first above written. GRANTOR: Signed, se-led and delivered CHLUMSKY HOLDINGS LLC, in th- •re -nc of: a Florida limited liability company Pn Name: ..iff4Z, I L J By: ' r a j Na '=. Nicholas D. Chlumsky Qt Lh_ t.4 .6.-4 Tit e: Manager • Print Name �i , ` to STATE OF FLORIDA COUNTY OF L- The foregoing instrument was acknowledged before me this day of -TOOL , 2016 by Nicholas D. Chlumsky, as Manager of Chlumsky Holdings LLC, a Florida limited liability company. He/she is •ersonall known to me or has produced as is-n ' ication a d who did (did not) take an oath. ... ... ., .. _. /4 it , RICHARD D.LYONS Not�Public . I., a- Commission#FF 243308 Printed Name: ��-r Expires June 23,2019 -sin,„w Banded TtruTay Fah lnwrmn800365•7019 My Commission Expires: [NOTARY SEAL] Exhibit"A" PARCEL II: LOTS 31,32,33 AND 34,COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN PLAT BOOK 1,PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. TOGETHER WITH THE ADJACENT RIGHT OF WAY OF FIRST STREET(TO BE VACATED). Exhibit"B" Permitted Exceptions 1. Taxes for the year 2016 and subsequent years, not yet due and payable. 2. Collier County Resolution recorded in Official Records Book 649, Page 1239. 3. Recorded Notice of Environmental Resources Permit recorded in Official records Book 5246, Page 3983. This instrument prepared by after recording return to: Philip West,Esq. RaceTrac Petroleum,Inc. 3225 Cumberland Blvd.,Suite 100 Atlanta,Georgia 30339 Parcel Numbers: 26880240006, 26880200101, 26880280008 and 26880320007 SPECIAL WARRANTY DEED THIS INDENTURE is made as of the 1� day of Sne , 2016 by NAZDAR, INC., a Florida corporation, whose address is 1199 Third Street South, Naples, Florida 34102 (hereinafter "GRANTOR"), to RACETRAC PETROLEUM, INC., a Georgia corporation, whose address is 3225 Cumberland Blvd., Ste. 100, Atlanta, Georgia 30339 (hereinafter"GRANTEE"). WITNESSETH: GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and for other good and valuable consideration in hand paid by GRANTEE to GRANTOR at and before the sealing and delivery hereof, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and does hereby grant, bargain, sell, alien, convey and confirm unto the said GRANTEE all that tract or parcel of land lying and being in Collier County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Land"), TOGETHER WITH all buildings and other improvements and fixtures situated thereon or attached thereto and all tenements, hereditaments, improvements, appurtenances, rights, privileges, easements, licenses, benefits and rights-of-way appurtenant to, benefiting, or pertaining to the Land, and all of GRANTOR's right, title and interest in and to any existing or proposed streets, roadways, alleys, sidewalks, and/or rights-of-way adjacent to the Land (hereinafter collectively called the"Property"). AND GRANTOR covenants and warrants unto GRANTEE that GRANTOR is lawfully seized and possessed of the entire fee simple estate in and to the Property; that the Property is free and clear of all liens, encumbrances, easements and restrictions of every nature and description except as disclosed on Exhibit "B" (the "Permitted Exceptions"); that GRANTOR hereby conveys good and marketable fee simple title to GRANTEE; that the Property is unoccupied and free of any lease or other right of possession or claim by any party other than GRANTOR; that GRANTOR has the lawful and good right, power, and authority to convey same to GRANTEE; that GRANTOR will execute and deliver such further conveyances and do such �-. further acts as may become necessary to fully vest in GRANTEE the entire fee simple estate in and to the Property; and that GRANTOR will warrant and forever defend the right and title to the Property unto GRANTEE, GRANTEE's heirs, executors, administrators, successors and/or assigns, against the lawful claims of all persons claiming by, though or under the said GRANTOR and not otherwise. TO HAVE AND TO HOLD the Property, together with all and singular the rights, easements, members and appurtenances thereof to the same being, belonging or in anywise appertaining, to the only proper use, benefit and behoof of GRANTEE forever in FEE SIMPLE. [Signature begins on Following Page] IN WITNESS WHEREOF, GRANTOR has caused this deed to be signed, sealed and delivered as of the day and year first above written. GRANTOR: Signed .-aled and delivered NAZDAR, INC., in t - pr-sence f: a Florida corporation P '. ame: (byD _ Lv -3 By: ��.� Name: Dale E. Chlumsky G, -rTitle: President Print Name:��'�n7 a c STATE OF FLORIDA COUNTY OF '- The foregoing instrument was acknowledged before me this 7- day of SuNL , 2016 by Dale E. Chlumsky, as President of Nazdar, Inc., a Florida corporation. He/she is personally known to me ori .a produced as identification and who did (did not)take an oath. 'y4. RICHARD D.LYONS _*i Not- "ublic Commission Printed Name: Expires June 23,20'19 . BoModThmTroy Fin kwaanespn•vmaig.__ My Commission Expires: [NOTARY SEAL) Exhibit"A" PARCEL I: A PORTION OF LOT 17 TOGETHER WITH LOTS 18, 19,20,21, 22,23,24,25,26,27,28, 29 and 30, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN PLAT BOOK 1,PAGES(S)32 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. LESS ROAD RIGHT-OF-WAYS. TOGETHER WITH THE ADJACENT RIGHTS OF WAY OF FIRST STREET AND AVENUE "B"(TO BE VACATED). Exhibit"B" Permitted Exceptions 1. Taxes for the year 2016 and subsequent years, not yet due and payable. 2. Collier County Resolution recorded in Official Records Book 649, Page 1239. 3. Recorded Notice of Environmental Resources Permit recorded in Official records Book 5246, Page 3983. Prepared by and to be returned to: RaceTrac Petroleum,Inc. Attn: Philip F.West,Esq. 3225 Cumberland Boulevard,Suite 100 Atlanta,Georgia 30339 QUITCLAIM DEED THIS INDENTURE made this 7 day of -3-tin-c_ ,2016, from NAZDAR,INC., a Florida corporation and CHLUMSKY HOLDINGS,LLC, a Florida limited liability company (collectively, "Grantor") to RACETRAC PETROLEUM, INC., a Georgia corporation ("Grantee"),the words "Grantor" and "Grantee" to include.the respective heirs, executors, legal representatives,successors and assigns of said parties where the context requires or permits; WITNESSETH: THAT, Grantor, for and in consideration of the sum of TEN AND NO/I00 DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, at and before the sealing and delivery of these presents,the receipt of which is hereby acknowledged by Grantor, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and forever QUITCLAIM unto Grantee, all that tract or parcel of land lying and being in Collier County, Florida, and being more particularly described in Exhibit "A" attached hereto and incorporated herein and made a part hereof by reference thereto, and,together with all and singular the rights, members and appurtenances thereto, to the same being, belonging, or in anywise appertaining,being hereinafter referred to as the"Premises". TO HAVE AND TO HOLD the Premises to Grantee, so that neither Grantor nor any person or persons claiming under Grantor shall at any time, by any means or ways, have, claim or demand any right or title to the Premises. [Signatures on the following page] IN WITNESS WHEREOF, Grantor has caused this deed to be signed, sealed and delivered as of the day and year first above written. Signe , .ealed and delivered NAZDAR,INC., in e . esenc -of`: a Florida corporation • AZ, • P : Name: Is-rY Q_ Lyo"' By: /J Name: Dale E.Chlumsky Title: President Print Nameal(ia/c4., KM(ek.ln o� STATE OF FLORIDA COUNTY OF L 6 The foregoing instrument was acknowledged before me thisn day of 5une , 2016 by Dale E. Chlumsky, as President of Nazdar, Inc., a Florida corporation. He/she is personally known to me or has produced id;ntification and who did (did not) take an oath. 010'4, RICHARD AtD.LYONS No . P blic (, _ .: Commission#FF 243308 Printed Name: Expires June 23,2019 OW Scaled Tin hq Fail lama=6004857019 My Commission Expires: [NOTARY SEAL] (Signatures Continue on Following Page) IN WITNESS WHEREOF, GRANTOR has caused this deed to be signed, sealed and delivered as of the day and year first above written. GRANTOR: Signed, sled and delivered CHLUMSKY HOLDINGS LLC, in th fesnc of: a Florida limited liability company i • Pri Name: c Cd d LyaNJ By: Na Nicholas D. Chlumsky \--41/(a.- -t C. � Tine: Manager Print Named 1 J' t,, c STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this Z! day of , 2016 by Nicholas D. Chlumsky, as Manager of Chlumsky Holdings LLC, a Florida limited liability company. He/she is persons known to m_s or has produced as ids `i•ation an. who did (did not) take an oath. + /4( 47.1h. RICHARD D.LYONS Nota Public V t 4Commission#FF 243308 � Printe. lame: Expires June 23,2099 08j 5" Be06e0Tl1/0 Troy FiM Inz.ranoe 8003857019 My Commission Expires: [NOTARY SEAL] Exhibit"A" LAND DESCRIPTION A PORTION OF LOT 17 TOGETHER WITH LOTS 18, 19,20,21,22,23,24,25,26,27,28,29,30,31, 32, 33 AND 34, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 34, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.00°39'49"W., ALONG THE EAST RIGHT OF WAY OF FREDRICK STREET, (AVENUE "A" PER PLAT), A 30 FOOT RIGHT OF WAY, FOR A DISTANCE OF 414.32 FEET; THENCE N.29°57'17"E. FOR A DISTANCE OF 8.13 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 19.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67°36'32", A CHORD BEARING OF N.56°02'42"E., A CHORD LENGTH OF 21.70 FEET AND AN ARC LENGTH OF 23.01 FEET TO A POINT OF COMPOUND CURVE HAVING A RADIUS OF 29.67 FEET;THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°39'51", A CHORD BEARING OF S.79°44'23"E., A CHORD LENGTH OF 5.52 FEET AND AN ARC LENGTH OF 5.52 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TAMIAMI TRAIL, US 41, A 170 FOOT RIGHT OF WAY AND A POINT OF COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 11409.16 FEET; THENCE ALONG SAID RIGHT OF WAY AND SAID CURVE THROUGH A CENTRAL ANGLE OF 00°27'54", A CHORD BEARING OF S.52°15'46"E.,A CHORD LENGTH OF 92.59 FEET AND AN ARC LENGTH OF 92.59 FEET; THENCE S.52°01'49"E., CONTINUING ALONG SAID RIGHT OF WAY, FOR A DISTANCE OF 281.30 FEET TO THE WEST RIGHT OF WAY OF AVENUE "B", A 30 FOOT RIGHT OF WAY; THENCE S.00°39'49"E., ALONG SAID WEST RIGHT OF WAY,FOR A DISTANCE OF 199.33 FEET TO THE NORTH RIGHT OF WAY OF FIRST STREET, A 30 FOOT RIGHT OF WAY; THENCE S.89°23'16"W., ALONG SAID NORTH RIGHT OF WAY,FOR A DISTANCE OF 320.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 104233 SQUARE FEET,OR 2.393 ACRES,MORE OR LESS SKETCH TO ACCOMPANY DESCRIPTI.ON •.... *SEE SI•1ILE I'1 OF 2 FOR LEGAL DEScRLPT=ON 'N. N IrrS CT:Lt `. 1: r,.4.7 r1.C7•_'.4T5?C i' rill 1 -' � \+1 L^1E L ^.%9LE. 5 E fiY I INV / \ \ :.,: - , pJ ..•"‘Ar v:u: a too c I § t r. : .re,-;-s;;. at • U11•• i 4 mr?C.O. 4a:3 i.oft' l I t• v'94.r /\� .w e:u• :. Q. • • Lor y '� • l �'•N `'t Nila --�` lar s _ +r1r� - i __.� AaC%4t?� 13)1 LO••-,'E I w41 r� •4S , 1 \ `,_ a 3. _1 1j.7.l.Pu�� i ! •1 • of,r r Sd a'"7' a + j :-1' _ \, , : M S b473 b 7L,tRf r. .-� Ka 14 FYST OCCT fttTT� r�_ 't' ,,1!.us•t Ln� s An j T t I • 3 . f----t----7-7.--r- _ _l ue 3 SHIt i i L '1 lb .ir is i} • 1--- :V+tJ• •t ,pri. 1•x7.•-_ t .?7d'ki7Nai+Y:akt`l•__ rSKETCH OF DESCRIPTION 1.=Mitt Imo-Vire Cu rR.NzIICr MY cr •••••- 77►��jj''�j�''+"�''� {�'p, IiA�Y 4f,ZAW AaJtS u3 srei. net:. two , .. 13';11:.1 R V 1'N sr�lE t{ut: tt i1t17 u7M fTQIM!SCP 2. JAICO BCC Ni rt7+lo i \SURVEraitG&.IA?P14G i'K11e,i�et tri-•1'rtag WO vs -17- r\U:r.larinr.h•1..i.C�RS' a.mat_n yrortti 10[a.20•0 s. y,' L ::';! ....anruama Lrucc.IOts tel„ales .a13 -._..._ .,wl-II-U 1 tRtLCC/a Ma m rr.,.,a w untiQ t +AIT1 1 M➢umaretM r$NQ iN.1�r• ni. 1""`Lt. �,v.:_r'-, This instrument prepared by after recording return to: Philip West,Esq. RaceTrac Petroleum,Inc. 3225 Cumberland Blvd.,Suite 100 Atlanta,Georgia 30339 Parcel Number: 26880560003 SPECIAL WARRANTY DEED THIS INDENTURE is made as of the day of Sa/ce.... , 2016 by NAZDAR, INC., a Florida corporation, whose address is 1199 Third Street South, Naples, Florida 34102 (hereinafter "GRANTOR"), to GINGERCREST, INC., a Georgia corporation, whose address is 3225 Cumberland Blvd., Ste. 100,Atlanta, Georgia 30339 (hereinafter"GRANTEE"). WITNESSETH: GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and for other good and valuable consideration in hand paid by GRANTEE to GRANTOR at and before the sealing and delivery hereof, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and does hereby grant, bargain, sell, alien, convey and confirm unto the said GRANTEE all that tract or parcel of landlyingand being-in Collier County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Land"), TOGETHER WITH all buildings and other improvements and fixtures situated thereon or attached thereto and all tenements, hereditaments, improvements, appurtenances, rights, privileges, easements, licenses, benefits and rights-of-way appurtenant to, benefiting, or pertaining to the Land, and all of GRANTOR's right, title and interest in and to any existing or proposed streets, roadways, alleys, sidewalks, and/or rights-of-way adjacent to the Land (hereinafter collectively called the "Property"). AND GRANTOR covenants and warrants unto GRANTEE that GRANTOR is lawfully seized and possessed of the entire fee simple estate in and to the Property; that the Property is free and clear of all liens, encumbrances, easements and restrictions of every nature and description except as disclosed on Exhibit "B" (the "Permitted Exceptions"); that GRANTOR hereby conveys good and marketable fee simple title to GRANTEE; that the Property is unoccupied and free of any lease or other right of possession or claim by any party other than GRANTOR; that GRANTOR has the lawful and good right, power, and authority to convey same to GRANTEE; that GRANTOR will execute and deliver such further conveyances and do such .-. further acts as may become necessary to fully vest in GRANTEE the entire fee simple estate in and to the Property; and that GRANTOR will warrant and forever defend the right and title to the Property unto GRANTEE, GRANTEE's heirs, executors, administrators, successors and/or assigns, against the lawful claims of all persons claiming by, though or under the said GRANTOR and not otherwise. TO HAVE AND TO HOLD the Property, together with all and singular the rights, easements, members and appurtenances thereof to the same being, belonging or in anywise appertaining, to the only proper use, benefit and behoof of GRANTEE forever in FEE SIMPLE. [Signature begins on Following Page) IN WITNESS WHEREOF, GRANTOR has caused this deed to be signed, sealed and delivered as of the day and year first above written. GRANTOR: Signe., sealed a d delivered NAZDAR, INC., in t -t- esence if: a Florida corporation /dA P '• Name: is o L d.7 L s/NJ By: �-aL' f i Name: Dale E. Chlumsky ill( (2.t c „ft �_.q.t Title: President rnt Nam 1t'�'�Gc �� (,cln6c- STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 7 ` day of , 2016 by Dale E. Chlumsky, as President of Nazdar, Inc., a Florida corporation. He/she is..personally known_ t^o meor h s- roduced as identification and who did (did not)take an oath. z U . Lirm 4714RICHARD D.LYONS Nota Public Commission#FF 243308 • Expires June 23,2019 Printed ame: BadedThuTrogin lerrate2100385d019 My Commission Expires: [NOTARY SEAL] Exhibit"A" PARCEL I: LOTS 41, 42, 43,44 and 45, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGES(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS ROAD RIGHT-OF-WAYS. TOGETHER WITH THE ADJACENT RIGHTS OF WAY OF AVENUE "B" (TO BE VACATED). Exhibit "B" Permitted Exceptions 1. Taxes for the year 2016 and subsequent years, not yet due and payable. 2. Collier County Ordinance recorded in Official Records Book 619, Page 1177. 3. Collier County Resolution recorded in Official Records Book 649, Page 1239. Prepared by and to be returned to: RaceTrac Petroleum,Inc. Attn: Philip F.West,Esq. 3225 Cumberland Boulevard,Suite 100 Atlanta,Georgia 30339 QUITCLAIM DEED THIS INDENTURE made this 7(� day of Sun-c ,2016, from NAZDAR, INC., a Florida corporation ("Grantor") to GINGERCREST, INC., a Georgia corporation ("Grantee"), the words "Grantor" and "Grantee"to include the respective heirs, executors, legal representatives, successors and assigns of said parties where the context requires or.permits; WITNESS ETH: THAT, Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid; at and before the sealing and delivery of these presents,the receipt of which is hereby acknowledged by Grantor, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and forever QUITCLAIM unto Grantee, all that tract or parcel of land lying and being in Collier County, Florida, and_being more particularly described in Exhibit"A" attached hereto and incorporated herein and made a part hereof by reference thereto,and,together with all and singular the rights, members and appurtenances thereto, to the same being, belonging, or in anywise appertaining,being hereinafter referred to as the"Premises". TO HAVE AND TO HOLD the Premises to Grantee, so that neither Grantor nor any person or persons claiming under Grantor shall at any time, by any means or ways, have, claim or demand any right or title to the Premises. [Signatures on the following page] IN WITNESS WHEREOF, Grantor has caused this deed to be signed, sealed and delivered as of the day and year first above written. Signed, -1 ed and o elivered NAZDAR,INC., in - pr,senAc'ie of: a Florida corporation /- /�J p P Name: lc.1. Lid By: �rl.� L'_ �1! Name: Dale E.Chlumsky Title: President Print Name: AA i r-- - STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 7n day of S A/� 2016 by Dale E. Chlumsky, as President of Nazdar, Inc., a Florida corporation. He/she is personally Imown to me or has produced as i•- ficatio and who did (did not) take an oath. ; , RICHARD D.LYONS Notary ' .lic ='* _ X Commission#FF 243308 Printed Name: _ Expires June 23,2019 PfNo- &Wed TkuTroy Fain Immo, My Commission Expires: [NOTARY SEAL] Exhibit"A" LAND DESCRIPTION A PORTION OF LOT 43 TOGETHER WITH ALL OF LOTS 41, 42, 44 AND 45, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 45, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.00°39'49"W., ALONG THE EAST RIGHT OF WAY OF AVENUE "B", A 30 FOOT RIGHT OF WAY, FOR A DISTANCE OF 325.38 FEET TO THE SOUTHERLY RIGHT OF WAY OF TAMIAMI TRAIL, US 41, A 170 FOOT RIGHT OF WAY; THENCE S.52°01'49"E., ALONG SAID SOUTHERLY RIGHT OF WAY, FOR A DISTANCE OF 164.64 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51°22'00", A CHORD BEARING OF S.26°20'49"E., A CHORD LENGTH OF 21.67 FEET AND AN ARC LENGTH OF 22.41 FEET TO A POINT ON THE WEST RIGHT OF WAY OF PALM STREET, A 60 FOOT RIGHT OF WAY;THENCE S.00°39'49"E.,ALONG SAID WEST RIGHT OF WAY,FOR A DISTANCE OF 203.19 FEET TO THE SOUTHEAST CORNER OF SAID PLAT OF COL-LEE-CO TERRACE; THENCE S.89°23'16"W., ALONG THE SOUTH LINE OF SAID PLAT, FOR A DISTANCE OF 138.00 FEET TO THE POINT OF BEGINNING. 3 SKETCH TO ACCOMPANY DESCRIPTION N r SIE SHEET 1 OF 2 FOR LEGAL DESCRIPTION N.N / •o 5 ( r ': jw•• i or(scum.0 11 , 1 : 7 1\ --,4 f\- \'. I,.•TU1 CC�J q I Pc a..� Lc:* ;d I i n ,�•' .art .r I.O L'i COX •a1/` I I I4/, 4/N L • W 0 14 j •� '• ^ I '' N `,:;\ —I<, lar 2t -j I § 1 g ,. N. UV e I ;r» ! I IP Zt. \ —I F„I01C1muI,0yI.auIno:.'.i,•aa'Ic. K '-- •N+• %N. MT w 1 5 l COE U c T.ljliAcz cN. I ^1rn.1Pc�! ! 1 F \ __zi T 6 i tCn 1 1 i% .i.6.1.1 9 `• \ tat;: I C ! g i t , L' 2 Km u I I FIRM' � r1; t a.1r _ - 1-1 1 ' _ I . tar -•�(--a ; Liu i on ts y 5 1 E : § 1 - „�o— U;,: w �-1 1^ I I S I i t r: _arc u. -aa I L. ...rL_L�K-s,... _a±., , ,r y._,•.( 1 •. 1^ _ it.0 s rrntf,E r 1"- 1-- c l u*7 ( (.1 4 ; 1•.I I�.-.4•+ r---:::71 ..`•: 1-1-1---1- �:,.j ---- . *71i1$S:i NOTA SCI i:35•+ NOTES: I""+ SKETCH OF DESCRIPTION CI TO O'KTWr Y X:CMS `�\ \ r— �-y/�1 "OM/r CL's-./tiJ A.CL2 ,Lvr .,O,c I'{L l.itO ..r, R;.. { F:i le..,Kamm 0710r wol iu 4�.ic HZ a 1>�.w 4 .SURVEYING s:vv'�I;O "SO re0 L,.-SIn 1`.+ 7119:(2-0 nr.-zc1 1 Mat 9 SI►.,.c7 W Onions. IADP£:;flV�:OlI i4\.1:tL' 61161Wi/76 R 714 mac MO i w..malrnLen b3Si fT-100G p16YfQ0 NO- 1 �:1'!TOL: . NOti•��1 11 0,o 0/411 I clu I'.''.,: ....t...-....ii,....---- as�s.,arisaaxt; _ t 1:aw j _vi Lttan/as 04/19/10+0 00_ I r-,.c" 3111 1 .50.21- 4 Collier County Property Appraiser Parcel ID Name Street# FullStreet Sold Sale Amount Market 51691120005 2016 PALM STREET LLC 2016 PALM ST 9/15/2014 $290,000 $51,975 51691160308 MISENER JR,STERLIN=& ERIKA D 2023 MILLS LN 2/24/2015 $170,000 $82,800 51691680008 CLIFT,ALISON C 2024 MILLS LN 4/13/1998 $0 $144,092 51691160256 ELLIOTT,JOHN W=& MARSHA L 2035 MILLS LN 3/10/2000 $15,000 $244,892 51691640006 BURNS, WILLIAM C 2036 MILLS LN 12/30/2002 $0 $127,282 51691160201 PALMART LLC 2047 MILLS LN 4/19/2016 $250,000 $142,212 51691160104 SOLTES, RONALD E 2059 MILLS LN 4/27/2004 $250,000 $175,486 51691600101 BLOCKBURGER IV,JAMES E 2060 MILLS LN 3/24/1999 $0 $228,196 51691160007 EASH, CORY MICHAEL 2071 MILLS LN 5/23/2016 $126,000 $41,400 51691600004 ZELLER, DEBORAH ANN 2072 MILLS LN 3/20/2002 $8,500 $323,330 Page 1 of 1 Collier County Property Appraiser Property Summary `— Parcel No. 51691120005 Site Adr. 2016 PALM ST Name/Address 2016 PALM STREET LLC PO BOX 370 City NORWELL State MA Zip 02061 Map No. Strap No. Section Township Range Acres *Estimated 5A11 422800 C 25A11 11 50 25 0.24 Legal INOMAH BLK C THAT PORTION OF LOT 1 AND ALL OF LOT 2 AS DESC IN OR 2038 PG 1712 Millage Area 0 86 Millage Rates 0 *Calculations Sub./Condo 422800-INOMAH School Other Total Use Code 0 12 - MIXED USE (STORE AND RESIDENT) 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 51,975 09/15/14 5076-2953 $290,000 (+) Improved Value $82,537 03/15/95 2038-1712 $ 130,000 _ 06/01/88 1357-2257 $ 38,000 —) Market Value $ 134,512 09/01/87 1293-2036 $0 (=) Assessed Value $ 134,512 11/01/83 1049-1921 $ 107,500 (=) School Taxable Value $ 134,512 (=) Taxable Value $ 134,512 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main_Search/RecordDetail.html?FolioID=51691120005 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Aerial Parcel No. 51691120005 Site Adr. 2016 PALM ST r , - -. - li! . V f ' 4 : 141. ik : aits,* 4 . , k ,,,,., • . 1/4 ,t, . „........ . ,, , , 41*el , , --'. - ,,,- .7,,,, #,.. . V1) > ° I rte. —1 Open a GIS Window with More Features. http://www.collierappraiser.com/Main Search/RecordDetail.html?FolioID=51691120005 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 51691160308 Site Adr. 2023 MILLS LN Name/Address MISENER JR,STERLIN=&ERIKA D 2023 MILLS LANE City NAPLES State FL Zip 34112 Map No. Strap No. Section Township Range Acres *Estimated 5A11 422800 C 75A11 11 50 25 0.33 Legal INOMAH SUBD BLK C LOTS 7&8 Millage Area 0 86 Millage Rates 0 *Calculations Sub./Condo 422800-INOMAH School Other Total Use Code 0 0-VACANT RESIDENTIAL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $82,800 02/24/15 5124-3457 $ 170,000 (+) Improved Value $0 03/14/14 5018-531 $ 125,000 04/02/13 4902-2807 $0 (=) Market Value $82,800 11/01/11 4735-1203 $0 (_) Assessed Value $82,800 09/07/04 3636-3657 $0 (_) School Taxable Value $82,800 07/02/01 2852-709 $45,000 (=) Taxable Value $82,800 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main_Search/RecordDetail.html?FolioID=51691160308 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Aerial Parcel No. 51691160308 Site Adr. 2023 MILLS LN 1 � k,1 Ire s � 's.. ., .s,.. 1 -......, '. �. ,.. � _ ,, . �� Arm - �. "'dC_ ...ir, ,, ar v .f v: 11101101 . . t, :It— - , - . 4 - II 11 .. ...., illiiii dillOpen a GIS Window with More Features. http://www.collierappraiser.com/Main Search/RecordDetail.html?FolioID=51691160308 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 51691160201 Site Adr. 2047 MILLS LN Name/Address PALMART LLC 4650 13TH AVE SW City NAPLES State FL Zip 34116 Map No. Strap No. Section Township Range Acres *Estimated 5A11 422800 C 55A11 11 50 25 0.17 Legal INOMAH SUBD BLK C LOT 5 Millage Area 0 86 Millage Rates 0 *Calculations Sub./Condo 422800-INOMAH School Other Total Use Code 0 1- SINGLE FAMILY RESIDENTIAL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $41,400 04/19/16 5264-2087 $250,000 (+) Improved Value $ 100,812 10/29/12 4849-3859 $ 129,700 09/18/12 4846-671 $ 100 (=) Market Value $ 142,212 07/20/99 2572-1634 $0 (=) Assessed Value $ 142,212 10/23/95 2111-1332 $0 (=) School Taxable Value $ 142,212 (=) Taxable Value $ 142,212 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main_Search/RecordDetail.html?FolioID=51691160201 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Aerial Parcel No. 51691160201 Site Adr. 2047 MILLS LN V7iec , :, ,, , i"r*. .:* ` 0410 lily , - 4 8 1 — CulmSTs ita Air il ! , r -t y 44y is t q s - - ip s FO 1 illakt il! *W $t,** lAr *° � a ,„ M 0,-1 gft Open a GIS Window with More Features. http://www.collierappraiser.com/Main Search/RecordDetail.html?FolioID=51691160201 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 51691160007 Site Adr. 2071 MILLS LN Name/Address EASH, CORY MICHAEL VANESSA YVONNE EASH 1285 SOUTH 500 WEST City LAGRANGE State IN Zip 46761 Map No. Strap No. Section Township Range Acres *Estimated 5A11 422800 C 35A11 11 50 25 0.17 Legal INOMAH SUBD BLK C LOT 3 Millage Area 0 86 Millage Rates 0 *Calculations Sub./Condo 422800-INOMAH School Other Total Use Code 0 0-VACANT RESIDENTIAL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $41,400 05/23/16 5276-1100 $ 126,000 (+) Improved Value $0 05/31/13 4928-3206 $ 35,000 12/06/02 3169-2481 $0 (=) Market Value $41,400 08/29/01 2883-3251 $ 16,000 (-) 10%Cap $9,142 01/08/65 181-777 $0 (=) Assessed Value $ 32,258 (=) School Taxable Value $41,400 (=) Taxable Value $32,258 if all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main_Search/RecordDetail.html?FolioID=51691160007 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Aerial Parcel No. 51691160007 Site Adr. 2071 MILLS LN w - a F 140r 01 7,-j ' '-- Ili lig it '- # Ili1 Auk ' -',!, ,,,,s* W: ' Mi - ' - - 0 i .list {T Open a GIS Window with More Features. http://www.collierappraiser.com/Main Search/RecordDetail.html?FolioID=51691160007 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 51691680008 Site Adr. 2024 MILLS LN Name/Address CUFT,AUSON C 38 MEDFORD ST City CHELSEA State MA Zip 02150-2615 Map No. Strap No. Section Township Range Acres *Estimated 5A11 422800 E 65A11 11 50 25 0.17 Legal INOMAH BLOCK E LOT 6 Millage Area 0 86 Millage Rates 0 *Calculations Sub./Condo 422800-INOMAH School Other Total Use Code 0 1 - SINGLE FAMILY RESIDENTIAL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $41,400 04/13/98 2408-1628 $0 (+) Improved Value $ 102,692 12/20/94 2013-17 $0 _ 05/01/84 1082-2401 $ 12,500 (—) Market Value $ 144,092 (=) Assessed Value $ 144,092 (=) School Taxable Value $ 144,092 (=) Taxable Value $ 144,092 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main_Search/RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Aerial Parcel No. 51691680008 Site Adr. 2024 MILLS LN r , le"--.1111W'"4 ." i i1 ! 44 A . lit iiiik Tag II .. impir, , imp ,101_ .. . & , ,,, ',iiixt. - . 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F t - 4. ` ' - y; CaiGat County P2a ^:y ANL,A, 7T Napon f t ...4 it — - * OF � 19ft Open a GIS Window with More Features. http://www.collierappraiser.com/Main Search/RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 51691160256 Site Adr. 2035 MILLS LN Name/Address ELLIOTT,JOHN W=& MARSHA L 2035 MILLS LN City NAPLES State FL Zip 34112 Map No. Strap No. Section Township Range Acres *Estimated 5A11 422800 C 65A11 11 50 25 0.17 Legal INOMAH SUBD BLK C LOT 6 Millage Area 0 86 Millage Rates 0 *Calculations Sub./Condo 422800-INOMAH School Other Total Use Code 0 1 - SINGLE FAMILY RESIDENTIAL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $41,400 03/10/00 2650-2288 $ 15,000 (+) Improved Value $ 203,492 (=) Market Value $ 244,892 (-) Save our Home $26,217 (=) Assessed Value $218,675 (-) Homestead $25,000 (=) School Taxable Value $ 193,675 (-) Additional Homestead $ 25,000 (=) Taxable Value $ 168,675 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main_S earch/RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Aerial Parcel No. 51691160256 Site Adr. 2035 MILLS LN } a CarNs gT _' y� 1ta6 P- 7 ' -.- z Alt 2° ' PAN ' d104 0 mon Open a GIS Window with More Features. http://www.collierappraiser.com/Main Search.RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 51691640006 Site Adr. 2036 MILLS LN Name/Address BURNS,WILLIAM C 2036 FREDERICK ST City NAPLES State FL Zip 34112 Map No. Strap No. Section Township Range Acres *Estimated 5A11 422800 E 55A11 11 50 25 0.17 Legal INOMAH BLK E LOT 5 Millage Area 0 86 Millage Rates 0 *Calculations Sub./Condo 422800-INOMAH School Other Total Use Code 0 1 - SINGLE FAMILY RESIDENTIAL 5.48 6.1927 11.6727 --� Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $41,400 12/30/02 3184-2917 $0 (+) Improved Value $85,882 03/30/88 1331-2383 $0 06/01/87 1277-2104 $ 16,500 (=) Market Value $ 127,282 (-) Save our Home $ 18,512 (=) Assessed Value $ 108,770 (-) Homestead $25,000 (=) School Taxable Value $83,770 (-) Additional Homestead $25,000 (=) Taxable Value $ 58,770 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main Search/RecordDetail.html?FuIlAddress=MILLS+L... 6/22/2016 Page l of l Collier County Property Appraiser Property Aerial Parcel No. 51691640006 Site Adr. 2036 MILLS LN z-- [ R St 4412.14,:1 t vits, .7 _ , , �l •k _ . 1 ''.4.-.... E44.E---...1`..ik= 4. kik' Ilk, -.. I Ara , „ , moi' ,„„ _,,,, , .• A. ... .,,,,,,,_._ „ . .. _ ,.... .L , AI N.. k . PQ g ' 2 'fid g a ,. fr. 2 fix. ilif• ... .; - ti z .. ' ifs ,, r f - Monrot AVL 1 alfor” *unlit z.' '1 4i' i y ir' ..„- --_ 2 a 012 —i _ Open a GIS Window with More Features. http://www.collierappraiser.com/Main Search/RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 51691160104 Site Adr. 2059 MILLS LN Name/Address SOLTES, RONALD E 2059 MILLS LN City NAPLES State FL Zip 34112 Map No. Strap No. Section Township Range Acres *Estimated 5A11 422800 C 45A11 11 50 25 0.17 Legal INOMAH SUBD BLK C LOT 4 Millage Area 0 86 Millage Rates 0 *Calculations Sub./Condo 422800-INOMAH School Other Total Use Code 0 1 - SINGLE FAMILY RESIDENTIAL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $41,400 04/27/04 3550-1922 $250,000 (+) Improved Value $ 134,086 09/09/99 2590-723 $ 10,000 (=) Market Value $ 175,486 (-) Save our Home $ 18,791 (=) Assessed Value $ 156,695 (-) Homestead $25,000 (=) School Taxable Value $ 131,695 (-) Additional Homestead $25,000 (=) Taxable Value $ 106,695 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main Search/RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Aerial Parcel No. 51691160104 Site Adr. 2059 MILLS LN 1 i - t e„Tin ST N i _,,, ,... 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Alit .,, '' ow :-- -.--#....;--Allt liftc ; ,. 0t Open a GIS Window with More Features. http://www.collierappraiser.com/Main Search/RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 51691600101 Site Adr. 2060 MILLS LN Name/Address BLOCKBURGER IV, JAMES E 2060 MILLS LN City NAPLES State FL Zip 34112 Map No. Strap No. Section Township Range Acres *Estimated 5A11 422800 E 35A11 11 50 25 0.17 Legal INOMAH BLK E LOT 3 Millage Area 0 86 Millage Rates 0 *Calculations Sub./Condo 422800-INOMAH School Other Total Use Code 0 1- SINGLE FAMILY RESIDENTIAL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $41,400 03/24/99 2527-331 $0 (+) Improved Value $ 186,796 09/11/96 2227-997 $ 17,500 01/06/65 181-777 $0 (=) Market Value $ 228,196 (-) Save our Home $ 24,186 (=) Assessed Value $ 204,010 (-) Homestead $ 25,000 (=) School Taxable Value $ 179,010 (-) Additional Homestead $ 25,000 (=) Taxable Value $ 154,010 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main Search/RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Aerial Parcel No. 51691600101 Site Adr. 2060 MILLS LN it c,.n•s ST arc I, i i ill, '-itincii- ',,,,, "it . = I .,_ N, ..... „ , , , 7. . 1441 x h i ManToaA lL `. . 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Open a GIS /..--N, http://www.collierappraiser.com/Main Search/RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 Page 1 of 1 Collier County Property Appraiser Property Summary Parcel No. 51691600004 Site Adr. 2072 MILLS LN Name/Address ZELLER, DEBORAH ANN 2072 MILLS LN City NAPLES State FL Zip 34112 Map No. Strap No. Section Township Range Acres *Estimated 5A11 422800 E 15A11 11 50 25 0.33 Legal INOMAH BLK E LOTS 1 AND 2 Millage Area 0 86 Millage Rates 0 *Calculations Sub./Condo 422800- INOMAH School Other Total Use Code 0 1 - SINGLE FAMILY RESIDENTIAL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $82,800 03/20/02 3002-1396 $8,500 (+) Improved Value $ 240,530 03/01/00 2646-537 $ 35,000 01/06/65 181-777 $0 (=) Market Value $ 323,330 (-) Save our Home $ 34,879 (=) Assessed Value $ 288,451 (-) Homestead $25,000 (=) School Taxable Value $263,451 (-) Additional Homestead $ 25,000 (=) Taxable Value $ 238,451 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/Main Search/RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 Page 1 of 1 Collier County Property Appraiser -- Property Aerial Parcel No. 51691600004 Site Adr. 2072 MILLS LN . v 446k.-- a 14141 14 Flog r - t ..z _ e - »-„ li� � Open a GIS Window with More Features. http://www.collierappraiser.com/Main Search/RecordDetail.html?FullAddress=MILLS+L... 6/22/2016 h t 1 ..L % HH l' t411 i f i F 8, l ;� it r 1 a tF 1 • 3l x !H 1, it1 fas slant. 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F e %_•' x rri " 4 ,7-- b , t . :. .a RaceTrac Presentation HEX June 23, 2016 Separation Exhibit Hours of Operation Business Name Location Hours of Operation 7-11 4831 Tamiami Trail E (Rattlesnake Hammock) 24 hours Marathon Gas 11163 Tamiami Trail E (Entrance Road) 4:30AM - 12AM Shell 1033 Airport Pulling Rd S (Hibiscus Ave) 24 hours Hess 1410 Airport Pulling Rd N (Outrigger Ln) 24 hours 7-11 1480 Airport Pulling Rd N (Longboat Dr) 24 hours Speedway 5100 Golden Gate Pkwy (50th St SW) 24 hours 7-11 4612 Tamiami Trail N (Granada Blvd) 24 hours Kangaroo Express 2934 Tamiami Trail E (Bayshore Dr) 24 hours RaceTrac 1150 Airport Pulling Rd N (Horseshoe Drive) 24 hours ws Lx 6 sincicaro u.11:11-1x6 xuumna,savwvm\.rouo.a-64661w\36111vnwxn.wASTIu\*6,01ro0\\ 1.5 .g Z—; NI G N oxo x � W Z r Q W t� .�• .,.� W Q W it Z Z .ids , x $_ S � . - � I vQ r,O W S.10 rwrv0 0_ „. -, ii. ,, Ag g _. il w a w� i. a N rt• 1� ' '4 K < I z i1 ji I a) W MI— deg 110, ( _ Rea�u a'O 5e !.. gym. CA NI , •\l—..R n`^ t Z € O @ Qqg ~ §q �. '- �' d a t {� I 11 d w ,' • 'S'ia1 W .- j` gra.: "�^ 0 a. 'iiii a m F E " to a..., m p m8 aN 'O Ln ~ v—, IA 8 ,J: ` ¢` Z rue % la 3a 4(., K sW.2,1 11 6r, ,..84 :API" '" ' m - 0 izt9P1_,„ ,_, 12, '17 r irg - r , E ,�,, , }-- , \ , . *0164 **� r st., @3 I �L / m 8 _ n *t,'*ss :M �. d ... _ K I g I.% .1.- E O ( Q W Ys ..J6, F w 7 Z R >{r n > w a Y` , t W W * W C7 � n — I *t Z WI U' S RaceTrac. SUMMARY OF MARKET ANALYSIS: Tamiami Trail & Palm Street, Naples, Collier County, Florida RaceTrac Petroleum, Inc. Collier County Planning 3225 Cumberland Boulevard Parkway &Zoning Department Suite 100 2800 North Horseshoe Drive Atlanta, GA 30339 Naples, FL 34104 1 Introduction Headquartered in Atlanta, Georgia, RaceTrac is a third-generation led, family-owned company that owns and operates more than 400 RaceTrac convenience store locations across four southern states: Georgia, Florida, Louisiana and Texas. RaceTrac also owns nearly 300 RaceWay stores in 12 states across the south. In the state of Florida, RaceTrac currently operates 184 RaceTrac stores and 48 Raceways and has over 100 projects in-development across the state. RaceTrac strives to carry out our vision of being the "Convenience Store of Choice" by offering more than 4,000 retail and grocery items to address our guests' needs, including premium food offerings and endless beverage options. The company debuted the new 6,000 square foot model stores in 2012 with the aim of making people's lives simpler and more enjoyable. These new prototypes feature indoor and outdoor seating, an expansive coffee bar, Swirl World frozen yogurt and free Wi-Fi, in addition to the large selection of premium beverage and food items. At the proposed RaceTrac location at the southwest corner of the intersection of Tamiami Trail, Fredricks Street, and Palm Street, RaceTrac's Market Analysis team strongly believes this submarket of Collier County is not only underserved by the total quantity of fuel and convenience options available, but also in the quality of those existing facilities serving Collier County residents. For these two specific reasons, RaceTrac is excited about the opportunity to serve future Collier County residents at this location in an effort to become the Convenience Store of Choice for Collier County residents. QUANTITY OF FUEL&CONVENIENCE PROVIDERS Traveling north from the proposed intersection, there are only two convenience stores within two miles of the site. There is a Mobil with six Multi-Product Dispensers (MPDs) 1.23 miles north of the intersection catering to south bound traffic. There is a Hess which is located 2.2 miles north of the intersection also serving south bound traffic with 4 MPDs. Traveling south from the proposed intersection, there are four convenience stores, only two of which are on the south side of the road. There is a 7-Eleven at the northeast corner at the same intersection catering to northbound traffic with 6 MPDS, a Kangaroo 0.6 miles south on the south side of the road with 6 MPDs, a Chevron with only 4 MPDS one mile south on the south side of the road, and a Hess with 6 MPDs 2.0 miles south of the site catering to northbound traffic. Company Number of MPDs Primary Direction Served Distance from Proposed Intersection Hess 4 Southbound traffic 2.2 miles north Mobil 6 Southbound traffic 1.5 miles north 7-Eleven 6 Northbound traffic -- ;Kangaroo 6 Southbound traffic 0.6 miles south 'Chevron 4 Southbound traffic 1.0 miles south Hess 6 Northbound traffic 2.0 miles south 2 QUALITY OF FUEL&CONVENIENCE PROVIDERS RaceTrac's new architectural design that has been built at (3) current locations within Collier County with (3) more on the way sets a new standard in product within the market. This standard is not only in the convenience store sector, but for all retailers. When considering the separation waiver, the existing established stores should be compared to RaceTrac's new efforts. Additionally, RaceTrac is in the process of remodeling all 'legacy' stores that do not currently meet the offerings in the new stores. Allowing RaceTrac to build will establish a new baseline for retail architectural efforts. The existing below- referenced businesses present Collier County residents would then be providing a sub-standard or less attractive offering and would need to enhance offerings to stay competitive in the market place. The end result would only benefit the citizens of Collier County with competitive fuel pricing and state of the art stores. The images on the following pages illustrate the discrepancy. sort 4 sr Mobil:1.5 miles north of proposed intersection 16601. Kangaroo:0.6 miles south of proposed intersection 3 �� ..„,,, ___ , 7 .....-,,,,4,-,,3 ,,,„,„.„,,,,,,_, _ „,,,,„. --m-5.,:ye ..r,,_-:.--.;-:,-- - w i .d c i Chevron:1.0 miles south of proposed intersection ,-5,4t7,,,,44.,--,..--4- - wilt Ili -..r.• Hess:2.0 miles south of proposed intersection 4 Examples of RaceTrac's current efforts in Collier County ►r L • :1 RaceTrac:Photo of our existing store in the city of Naples on Airport Pulling Road,Collier County Itive enve 4104 • a 4 RaceTrac:Photo of existing canopy per Collier County standards.Store at Manatee and Collier Blvd. '� ""* 0"m VIC-1 RaceTrac:Photo of existing store at Manatee and Collier Blvd. 5 This new prototype goes above and beyond the standards required by Collier County. RaceTrac strives to deliver a superior, premium customer experience. This strategy has shaped the design of the current efforts and will continue to shape the evolution of RaceTrac's offering. RaceTrac strives to carry out our vision of being the "Convenience Store of Choice" by offering more than 4,000 retail and grocery items to address our guests' needs, including premium food offerings and endless beverage options.This prototype features a store offering, both interior and exterior, which is unmatched by the competition in the area. ANALYSIS The Market Analysis team evaluates each property independently while also taking into consideration impact on existing stores and by competitors. The table below represents key demographics considered when evaluating a potential location. These demographics, which represent a five-minute drive time from the subject property, align with those RaceTrac deems ideal for a successful location. demographic Value Total Businesses 1,429 Average Travel Time to Work 19 mins Residential Population 17,446 Daytime Population 29,104 Workplace Population 17,955 Total Households 7,772 Median Household Income $53,143 Aggregate Crime Data 1.446 The existing fuel retailers provide only 32 MPDs in total within a 4.2 mile stretch on Tamiami Trail. Along Tamiami Trail at the proposed location there are 35,500 cars based on FDOT's 2015 Average Annualized Traffic. This count increases to 52,000 traveling west past Davis Boulevard. In light of the sheer volume of traffic on Tamiami Trail generated by the total population and total employees, 32 MPDs along the four-mile stretch of road represents a deficient number of fueling stations to adequately meet the needs of Collier County residents in the area based upon the Market Analysis team's determination. Upon closer examination, the analysis shows a lack of supply as it relates specifically to the 35,500 vehicles traveling along this corridor. The National Association of Convenience Stores (NACS) average fuel gallons per retail outlet for 2015 were 33,947 gallons per outlet per week. In the Southeast Region, which includes the state of Florida,this figure increases to 35,053 gallons per outlet per week. For the purposes of this analysis, we have conservatively calculated the existing convenience stores' fuel gallons along Tamiami Trail to be on average 125% of the NACS average for the region for a total of 43,817 gallons per outlet per week. NACS states that the average driver consumes 10.44 gallons of fuel per week which aligns with that of internal data. Based upon these calculations, the annual demand in this trade area equates to 19.3 million gallons as represented in the table on the following page. The combined annual fuel volumes for the existing convenience stores as outlined above calculate to 13.7 million gallons per year. This creates a supply deficit of 5.6 million gallons per year. 6 Traditionally, RaceTrac convenience stores outperform the NACS fuel gallons average by 1.5 to 2 times. Using aggressive figures for the new RaceTrac of 2.5 times that of the NACS regional average, there remains a shortage of over one million gallons per year along Tamiami Trail in this trade area. Description(Source) Figure average Annual Traffic Count(FDOT—2015) 35,500 average Gallons per Week per Vehicle(NACS Fuels Institute) 10.44 nnual Fuel Demand(52 weeks) 19,272,240 Weekly Gallons(NACS,National) 33,947 eekly Gallons(NACS,Southeast) 35,053 Existing Convenience Stores 6 stores nnual Fuel Supply of Existing Stores(125%of NACS regional average) 13,670,793 nnual Fuel Deficit 5,601,447 RaceTrac Gallons(2.5x NACS regional average) 4,556,931 Remaining Fuel Deficit in Trade Area 1,044,516 CONCLUSION When compared to the total number of residents driving daily on Tamiami Trail in front of the proposed intersection, the total number of existing convenience stores is inadequate to meet the needs of Collier County residents. Additionally, the convenience stores that do exist represent potentially both a sub- standard customer experience and a non-competitive product offering. RaceTrac is ready and eager to meet the needs of Collier County residents along this corridor of Tamiami Trail. Every new RaceTrac brings approximately 20 new jobs to the community, and each of the markets we serve is a special part of the RaceTrac family. RaceTrac looks forward to serving future Collier County residents at the proposed intersection and throughout the County as we grow our brand through both new store growth and unparalleled guest experiences. 7 DELISI FITZGERALD, INC. Planning-Engineering-ProjectManagement Andrew D. Fitzgerald, P.E. President Education University of Florida B.S. -Environmental Engineering- 1995 Professional Registration Florida-2001 Past Professional Affiliations Florida Engineering Society National Society of Professional Engineers American Public Works Association(Local Chapter President,2005) Employment: DELISI FITZGERALD, INC. - APRIL, 2006 to PRESENT, PRESIDENT Mr. Fitzgerald founded DeLisi Fitzgerald, Inc. in 2006 and has served as the Engineer of Record and project manager for a variety of private and public projects including private residential and commercial development, water management design and permitting, utility master planning, and roadway design. BARRACO AND ASSOCIATES -NOVEMBER, 2000 - JULY, 2005, VICE PRES. ENGINEERING Mr. Fitzgerald managed a variety of challenging and unique projects, from private residential and commercial developments to municipal roadway and utility projects. As Vice President of Engineering at Barraco and Associates, Mr. Fitzgerald oversaw multiple public and private projects, personnel, and client relations. JOHNSON ENGINEERING - FEBRUARY, 1996 - NOVEMBER, 2000, PROJECT ENGINEER Mr. Fitzgerald worked as a design engineer for Johnson Engineering, Inc. specializing in surface water management modeling, design, and permitting. Mr. Fitzgerald's engineering experience further diversified into the design and permitting of utility and roadway projects while serving project manager/engineer on both public and private projects. Appointments: Lee County Land Development Code Advisory Board - 2007 - 2010 City of Fort Myers Board of Adjustments - 2009 - Present 1605 Hendry Street° Fort Myers,FL 33901 s 239-418-0691 • 239-418-0692 fax Selected Project Experience: • Racetrac Petroleum, Inc., Southwest Florida. Project Manager and Engineer of Record for entitlements, engineering design, and permitting for over twenty-five (25) Racetrac Petroleum, Inc. projects through-out Southwest Florida including municipalities within Sarasota County, Lee County, Charlotte County, and Collier County. • Bass Road RPD, Lee County, Florida Project Manager and Engineer of Record for 60-acre, 137-unit single family residential development in Lee County. The project included rezoning, engineering design, permitting, and construction administration for the project. • Summerlin Place, Lee County, Florida Project manager and Engineer of Record for the engineering design, permitting, and construction administration for a 17-acre residential townhome community located in Lee County, Florida. • Botanica South, City of Fort Myers, Florida (AKA Marina Bay) Project manager and Engineer of Record for the engineering design, permitting, and construction administration for 100-acre residential single-family community located in the City of Fort Myers, Florida. • Laguna Lakes, Lee County, Florida Project Manager and Engineer of Record for a 150-acre Residential Community located in Lee County. The project included engineering design, permitting, and construction administration for single family and multi-family subdivisions, an amenity center, and guardhouse. • Somerset at the Plantation -'Phase 1, Fort Myers, Florida Project Manager and Engineer of Record for a 912 acre Residential Golf Course Community located in the City of Fort Myers. The project included engineering design, permitting, and construction administration for single and multi-family subdivisions, a golf course clubhouse, and amenity facilities. • Blackstone Corporate Park, Lee County, Florida Project Manager and Engineer of Record for engineering design and permitting for a 93 acre industrial/commercial subdivision with 11.5 acres of native preservation. The project required ERP permitting through the South Florida Water Management District and Army Corps of Engineers with approximately 10 acres of wetland impacts. BRAD GALLAND EXPERIENCE RaceTrac Petroleum,Inc—Atlanta,Georgia Feb 2005—Present Director of Real Estate Nov 2015—Present Responsibilities • Comprehensive oversight of retail market areas including analysis of saturation and trade area opportunities for $8B+privately held company • Develop techniques for unbiased evaluation of potential property acquisitions, including creation of a regression model which projects in-store profitability by location • Maintain adequate pipeline of new locations to ensure annual growth of 10%per year • Manage relationships with vendors responsible for providing analytical support • Coordinate and lead site selection trips to all company markets throughout all markets in the southeast • New-hire training and development including creation of processes for preparing new employees for accelerated growth and success within their roles and the company • Retain real estate site approval authority throughout career during which leadership changes have placed increased need for prudent and unbiased evaluation of potential locations—one of four individuals with ultimate authority to approve/decline a new location Director of Financial Planning&Analysis Jan 2013—Nov 2015 Responsibilities • Provide strategic leadership and career development to a team of managers and analysts • Manage operations and responsibilities of Business Analysis and Financial Planning teams • Interpret and present all levels of financial and operational data in a comprehensive manner to entire hierarchy of leadership including CEO,CFO,COO on a regular basis • Create Financial Planning function for company including formation and implementation of companywide budgeting process,projection of store-level profitability,and aggregate rollup of corporate net profitability • Evaluation and management of all capital expenditures,providing direction on ROI metrics,variance reporting,and expected spend totals to Finance team for purposes of cash management • Extensive cost center and general ledger knowledge to ensure comprehensive overview of revenues, operating expenses,and overhead expenses • Maximize profitability throughout in-store categories through various techniques including test-and-learn methodologies • Proactive problem solving with specific focus on finding solutions to problems before they arise • Effective integration of Analysis teams into everyday functions of the company • Internal expert for all analytical and locational concerns Director of Market Research&Analysis Jan 2011—Jan 2013 Responsibilities • Create Market Research function including processes for capturing consumer feedback, competitive insights, and industry trends • Conduct quantitative and qualitative research to determine success and opportunities of company initiatives including new store designs,marketing campaigns,and new product launches • Evaluate current state of Business Analysis team with focus on best practices for category analysis and reporting while also ensuring optimization of staff and personnel needs • Responsibility over Guest Relations call center and decision maker for various guest complaints and needs Real Estate Analyst/Representative/Manager Feb 2005—Jan 2011 Responsibilities • Intimate knowledge of all company-owned facilities • Property research and negotiations for multi-million dollar facilities • Management responsibilities over 1-2 employees • Comprehensive property research and evaluation including ownership,zoning,and pricing feasibility • New property selection 47 Lake Haven Drive.Cartersville,Georgia 30120 Phone: (770)634 4765 Email: bgallandtgmail.com BRAD GALLAND EnTrust Mortgage Duluth,Georgia Mar 2001—Feb 2005 Loan Officer Responsibilities • Origination and new business generation through referrals,fostering relationships,and cold-calling • Manage expectations of qualified applicants throughout the process while ensuring complete document collection for purposes of underwriting new mortgages • Sustain steady business throughout tumultuous time for mortgage industry while closing$1-2 million in loans on a monthly basis EDUCATION University of Georgia Sep 1997—Dec 2000 Bachelor of Business Administration Real Estate Kennesaw State University Aug 2015—May 2017 Master of Business Administration TECHNICAL Microsoft Office, Excel I Business Intelligence(MicroStrategy, Cognos), Geospacial (Google Earth,ArcGIS) I Presentation (PowerPoint,Prezi)I Basic SQL Server coding REFERENCES Available upon request 47 Lake Haven Drive,Cartersville,Georgia 30120 Phone: (770)6314765 Email: bgallancl gmail.com