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Exhibit K Insufficiency LetterCOLLIER COUNTY Growth Management Department March 31, 2016 John Wojdak , Delisi Fitzgerald, Inc. 1605 Hendry Street Fort Myers, FL 33901 EMAIL - john@delisifitzgerald.com RE: Site Development Plan PL20140000378 Marketplace at Palm (fka RaceTrac at Palm Street) (SDP) Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: Landscape Review Reviewed By: Mark Templeton Email: MarkTempleton@colliergov.net Phone #: (239) 252-2475 Correction Comment 1: 4.06.02 Provide perimeter landscape buffers. See also LDC Table 2.4 Rev.1: Perimeter buffer does not meet minimum LDC standards of 5.05.05. See also DR comments regarding proposed deviation/removal of minimum requirements for berm and plantings. Rev. 2. The trees required for the 25' bermed buffer must continue north along Tamiami Tr. and Fredrick St. The trees stopped for no apparent reason 70'+/-before the end of the property at the corner of Fredrick St. and Tamiami Tr. REV4: Use of Palms within the r/w buffer shall be limited to landscape areas adjacent to vehicular access points. Please replace the royal palms at the NW corner of the site with a non-palm canopy tree (5.05.05 E.1.c.). Also, all r/w buffer trees must be 14' at time of planting. Rev. 5: Hollies may be used for perimeter buffers under overhead power, but must be used at twice the rate of canopy trees. Please add one more holly for every holly currently shown under the overhead power along the South, or replace the hollies with green buttonwood. Correction Comment 2: 4.06.03 B. All Vehicular Use Areas must meet the standards. Rev.2. The rolled curbing is encroaching into the required planting beds of the parking islands. A minimum of 8' of landscape is required the entire length of the parking stall. Please make corrections. REV4: It appears two islands (>30%) have less than the 8' planting width (north side of building and north side of 6 parking spaces to NE of building. Rev. 5: Although width of these islands has been adjusted to meet the width requirement, the square footage requirement is still deficient. Per 4.06.03.B.2., landscape islands shall measure no less than 100 s.f. in area. This is in addition to being 8' wide minimum. The island North of the building is approx. 92 s.f., and the island North of the 6 spaces to NE of building is approx. 87 s.f. Please revise as necessary Rejected Review: Transportation Planning Review Reviewed By: Stephen Baluch Email: StephenBaluch@colliergov.net Phone #: (239) 252-2361 Correction Comment 13: Miscellaneous Corrections 3/31/16 Comment: The issues concerning the auto service station waiver and possible vacation of platted road ROW within the site will need to be resolved prior to site plan approval. If the platted roadway ROW is not vacated, use of the rights-of-way for site access will be authorized under a County ROW permit that establishes conditions for possible future use of the ROW by the County. Correction Comment 14: TIS Guidelines (Resolution 06-299) 3/31/16 Comment: In the revised TIS for Marketplace at Palm dated 10/13/15 on page 8, note the error in Table 4 for the New Trips (Daily 2-way). The value should be 2,507 rather than 7,519 shown. We have annotated our copy of the TIS. Correction Comment 15: Miscellaneous Corrections 3/31/16 Comment: As discussed at the project review meeting on 3/30/16, provide to Collier County an additional access easement for roadway lighting maintenance along the ROW line on the US 41 road frontage. All roadway and appurtenances will be contained within the proposed additional ROW to be dedicated to FDOT. Correction Comment 16: Right-of-Way (Ordinance 2009-19) 3/31/16 Comment: Since it appears that sufficient roadway ROW along Palm St. is available, the taper at the south end of the Palm St. improvements should be lengthened to at least 50 feet. Documentation of the available Palm St. ROW, as discussed at the meeting on 3/30/16, will be provided to Drew Fitzgerald. Correction Comment 17: Compensating Easement (Ordinance 2009-19) 3/31/16 Comment: On plan sheet 6, the proposed 12-foot wide access, utility and drainage easement along Palm St. should be dedicated in fee interest to the County as compensating roadway ROW. As discussed at the 3/30/16 meeting, the length should be extended the full length of the Palm St. frontage (since a turn lane of sub-standard length has been provided due to obstructions in the existing ROW.) The final approval will stipulate that ROW dedications to FDOT for US 41 and Collier County for Palm St. need to be completed prior to preconstruction meeting. Correction Comment 18: Miscellaneous Corrections 3/31/16 Comment: Per the discussion at the 3/30/16 meeting concerning placement of relocated light poles behind the sidewalk, after further review we have concluded that 12” set back from the sidewalk to edge of light pole foundations should be provided. Please verify that the light poles can be contained within the road ROW dedicated to FDOT with this set back. The County will plan on using the proposed 5-foot access easement beyond the ROW line for lighting maintenance as needed. Rejected Review: Zoning Review Reviewed By: Christopher Scott Email: chrisscott@colliergov.net Phone #: (239) 252-2460 Correction Comment 1: The revised site plan shows the existing 30’ rights-of-way being partially improved. Previous submittals identified that these r/w will be vacated. Please advise whether the public r/w are to be retained, whether the improvements are intended as public improvements, and identify any maintenance responsibilities. If these are public streets, then sidewalks are required. REV4: The Vacation/Plat will be required to be approved prior to SDP approval. REV5: Comment still applies. Correction Comment 2: In the Site Development Regulations table on Sheet 6, please explain the provided separation from adjacent automobile service stations (currently identified as N/A). Please provide distance from Racetrac Market property lines to existing 7-11 gas station at 2135 Tamiami Trail East as measured from the nearest points. It appears the site is located within 500' and an Automobile Service Station Waiver is required prior to approval of this SDP. REV4: The Waiver must be approved prior to SDP approval. Please revise the table to identify the separation distance from the 7-Eleven gas station at 2135 Tamiami Tr E as measured from the nearest points and remove footnote 1 as it currently exists. Please reference the Waiver PL# on the plans. REV5: Waiver must be approved prior to SDP approval. Correction Comment 3: A 4' masonry wall is required within the buffer between commercial and residential uses. The wall must be a minimum 3' from the rear of the buffer line (5.03.02 H.1.b.). Please show wall on plan sheet and on cross section NN and OO. REV5: Wall must be a minimum of 3' of rear of buffer line; plans show back of wall 4' from rear of buffer wall. The 4' wall is also required opposite existing residential along Frederick Street. The following comments are informational and/or may include stipulations: Stipulations:  Any changes to the site plan will require the submittal of a new CAD file for Graphics GIS review. Stipulations:  A pre-construction meeting for water and/or sewer is required prior to construction. Contact Eric Fey (239) 252-2434. All preliminary and final inspections of water and/or sewer shall be coordinated through Melissa Alvarez (239) 252-2279 with a 48 hour written notification. Stipulations:  On Site Plans- existing 30' R.O.Ws (Platted First Street) and (Platted Avenue B), the R.O.W will not be named either of these names. Please remove the names from site plans, you can leave the word Platted and add the Plat Book and Page. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. If you have any questions, please contact me at (239) 252-2460. Sincerely, Christopher Scott Planning Manager Growth Management Department