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Exhibit I Applicants narrativeDELISI FITZGERALD, INC. Plann ing -Engineering -Project Management RAcETRAC AT PAIM AUTOMOBILE SERVICE STATION W AIYER, 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 2!51, 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 1Q 1h , 2014, the RaceTrac convenience store with fuel pumps was proposed at the southwest corner of Tamiami Trail East and Palm Street, ref erred to as 'Site Plan B.' Site Plan B was adjacent to the existing 7-eleven Convenience Store with fuel pumps. This Waiver application includes both 'Site Plan A' and 'Site Plan B', with the respective separation distances to the 7-eleven Convenience Store with fuel pumps located at the northeast corner of Tamiami Trail East and Commercial Drive. This Waiver application presents how both 'Site Plan A' and 'Site Plan B' meet the four (4) requirements in LDC Section 5.05.05.B.2.a including enhancements proposed with the proposed development to address compatibility with the surrounding uses. Also enclosed is a market analysis supporting the proposed use in the proposed location. Pl 2015 0 O 0 2 3 6 9 REV 1 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 Station Waiver Narrative - 2 - I I 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 Station Waiver Narrative - 3 - 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 Race Trac 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 buff er 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 Station Waiver Narrative - 4 - 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 ?am to ?pm. 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 buff er 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 buff er 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 buff er 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 Station Waiver Narrative - 5 - - 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 Race Trac 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 ?pm. 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 Station Waiver Narrative - 6 - -~ I 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 buff er improvements on the property to shield the view, noise, and lights of US-41 to the residences. There are specific landscape buff er 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 1 O' 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 rmmmum 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 1 O' from the southern property boundary and RaceTrac is proposing 36', triple the requirement. ii.) Second, the proposed 10' high masonry wall is nearly twice as high as the requirement of providing 6-feet of additional height in an effort to block the proposed development and US-41 from the residential. The proposed wall will be placed 14.5' off the property boundary at the top of the perimeter berm. This distance alone exceeds the required 10' landscape buffer width. The perimeter berm has been designed with a top elevation of 5.5' NAVD which is RaceTrac Automobile Service Station Waiver Narrative - 7 - 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, Race Trac 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 Race Trac side of the 1 O' 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 buff er 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 Station Waiver Narrative - 8 - north towards US-41. This provides another buff er 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 2 50' of residential property. Although this Race Trac is NOT subject to Ordinance 15-46 the supplemental standards are listed below with a description of the proposed Race Trac design features following each item italicized. 1. All structures shall provide a minimum 50-foot front, side, and rear yard setback from residential property line(s). Site Plan A and Site Plan B meet this item. 2. Landscaping and masonry wall standards. a. Facility with fuel pumps sites shall be separated from residential property by a thirty (30) foot wide landscape buff er 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 buff er 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 Station Waiver Narrative - 9 - 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 f acilitiy. 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 Station Waiver Narrative -10 - (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 Station Waiver Narrative -11 - 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. The ref ore, 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 buff er 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 off er 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 Station Waiver Narrative -12 - __ _J ,~- 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, Race Trac 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 Race Trac 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 Station Waiver Narrative -13 - 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 fallowing 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 Station Waiver Narrative -14 -