Exhibit PP HEX Agenda 6-30-16COLLIER COUNTY
HEARING EXAMINER
SPECIAL HEARING
AGENDA
JUNE 30, 2016
JUNE 23 SPECIAL HEARING CONTINUATION)
AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A SPECIAL HEARING AT 5:00 PM ON THURSDAY,JUNE 30,2016(CONTINUATION
OF JUNE 23,2016 SPECIAL HEARING)IN THE BOARD OF COUNTY COMMISSIONERS'
MEETING ROOM,ADMINISTRATION BUILDING,COUNTY GOVERNMENT CENTER,THIRD
FLOOR,3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA.
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
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 staffs 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.
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 I".
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
RESOLUTION NO, 16-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, 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. (ASW-
PL20150002369)
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 (LDC)
Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of waivers pursuant to Land
Development Code section 5.05.05.B; and
WHEREAS, RaceTrac Petroleum, Inc., desires to establish a facility with fuel pumps on
the property described herein that would be located within 500 feet of an existing facility with
fuel pumps;and
WHEREAS, RaceTrac Petroleum, Inc. seeks a waiver to allow a separation distance of
135.7 feet between the proposed RaceTrac facility with fuel pumps and the existing 7-Eleven
facility with fuel pumps;and
WHEREAS, the Collier County Hearing Examiner has determined that this petition is a
matter of great public interest or concern and has therefore recused himself from hearing this
petition pursuant to Section 2-87, Paragraph 6, of the Collier County Code of Laws; and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code, and the Board having considered the advisability of granting the instant
waiver and all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY,FLORIDA, that:
Petition ASW-PL20150002369, filed by Kristina Johnson, P.E., of DeLisi Fitzgerald,
Inc., on behalf of the Petitioner, RaceTrac Petroleum, Inc., with respect to the subject property
located on the south side of U.S. 41 between Frederick Street and Palm Street and further
described in Exhibit A, attached hereto and incorporated herein by reference, is hereby approved
15-CPS-01503]22
Racel rac at Palm Street/AS W-PL20150002369 1 of 2
3/24/16
for a waiver from the 500 foot minimum separation requirement between facilities with fuel
pumps pursuant to LDC § 5.05.05.B.2., with a resulting minimum separation distance of 135.7
feet from the nearest facility with fuel pumps, as depicted in Exhibit B, subject to the conditions
found in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein by
reference.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ASW-
PL20150002369 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this — day of
2016.
ATTEST:BOARD OF ZONING APPEALS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk DONNA FIALA, Chairman
Approved as to form and legality:
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
EXHIBIT A–Legal Description
EXHIBIT B–Distance Separation Exhibit
EXHIBIT C–Conditions of Approval
15-CPS-01503]22
RaceTrac at Palm Street/ASW-PL20150002369 2 of 2
3/24/16
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.
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Conditions of Approval
I. 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.
December 9, 2015
DELIS' 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:
1. 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 showingdistancestonearestautoservicestation;
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 % 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 ZGERALD, INC.
An ew D. Fitzgerald, P.E.
President
Project No.: 21293
cc: Tom Hardy with attachments
S
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
G`1L ig.t7
4q0,
0DDPreparedByandReturnTo:
Thomas A.Collins,11,Esquire
Treiser Collins
3080 Tamiami Trail East,
Naples,FL 34112
239-649-4900
File Number: 2614.014
Parcel Identification No.26880200101
Space Above This Line For Recording Data]
Warranty Deed
STATUTORY FORM-SECTION 689.02,F.S.)
THIS INDENTURE made this n day of 5tp 1q1.101—t,2010 between Patricia A. Whiting,
an unremaried widow, whose post office address is 370 eight,Naples, FL 34103 of the County of Collier,
State of Florida,grantor',and Nazdar,Inc.,a„-t • tfjitotn hose post office address is 1199 Third Street
South#A,Naples,FL 34102 of the Cou. • •-r,State o J •U . tee*,46
WITNESSETH, that said • t. , • •• 'n consideration o the urn of TEN AND NO/100 DOLLARS
S10.00) and other good and valuable ons''e . • . sat. • :r'n hand said .y said grantee, the receipt whereof is
hereby acknowledged, has granted, b..gai.e• • • so e • d : • tee's heirs and assigns forever, the
following described land,situate,lying and • : i o p, '1. •T• wit:
Lot 17 and 18, and the ' -e • .. . y•C• - b• errace, according to the
plat thereof recorded at ' . took 1, Page 32, iti e P bit cords of Collier County,
Florida;less that portion o•0 17 described as fo'1' . B_in at the northwest corner
of said Lot 17,said corner •,Ifg • • a curve concave so•i'Sue: erly,thence along the north
line of said Lot 17, the arc o e to ri•.• •• a radius of 11,409.16 feet, a
central angle of 00° 10'38", an ar -ff = , 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®
1
OR 4604 PG 696 ***
ID _
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:
1&'-le 1/-e-f z
l/',
L1-c Seal
Witness Name: T/tc'14J /-4 (t'/,>/j,.. Patricia A.Whiting V
N
Witness' -: AVERti } .• ,.'fit ,Otj
cp
i'
State of Florida I1
County of Collier C01
t` V H
The foregoing instrument was . .wledged before thi• day of.,SF` pv,ita 2010 by
Patricia A.Whiting,who'[ is pe . ly known or( p o• :'q-. a driver's licensd as identification.
Notary Seal] 1-TIE • ."*I 1i-
r,.
Printed Name: r I
J YBIONIDO336635
s'..-„,...:7r. EXPIRES:February 15.2013 My CommissionR:,;t;4ea:aean.uNcruyPdacunanrnkr.
Expires:
III
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
S
Return to:
Name: Edward E. Wollman, Esq.
Wollman, Gehrke&Solomon,P.A.
5129 Castello Drive,Suite 1
Naples,Florida 34103-1903
Ibis 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 UNE 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 Gd _1.,t,, 2008, between
i
DALE E. CHLUMSKY, JR., .: • . undivided one-qua - •) interest, CHRISTOPHER F.
CHLUMSKY,as to an undivi••• a e ...- : (1/4)interest, IC •LAS D. CHLUMSKY,as to
an undivided one-quarter(1/, in re-., •. • ' v I • . CH LU KY,as to an undivided one-
quarter(1/4) interest„ first !a to .t d
CHLUMSKY HOLIINu L• .00 fI t :bi:4y .ompany,
rl
whose post office address i d • 1 Harborage Dri ..t Fo FL 33908, second partyGrantee);
WITNESSETH, that Gr. tr or and in consid- . ,o of the sum of$10.00, and other
good and valuable consideration t. . Grantee, the receipt of which is
acknowledged, conveys to Grantee . .: ."1: ': xecutors, administrators, and assigns
forever the following described land situat=. I. . 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 dayandyearfirstabovewritten.
Witnesses:
1 —'- 1---_7
Signature of Witness)ALE . IdejiM KY,(
Prin or Type Name W c ess)(
d4 & &104k
Sigto Wi s)
f ('i . Ifatorich
Print or Name of Witness)
1 R CO
di, . .,4,".0 7.4.
Signature of Witness) 4 we '1 R '. CHLUMSKY
S /-Cc/-e Ko 1-2P/2
Print.rTypc N . of W t ess)
iii I
11
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Sig ur- • Wi s)
n b Ni, EQ ,4!. $
Print orpc Name of Witness)
v_ 9 / /
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Signature of Witness) F C ( 1 I LAS D. CHLUM2/
ck/-e iLo /Ls
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Sig rc Witnes
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Print or T Name of Witness)
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NRAD A. CHLU SK
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Ptint.r Type`me f tin" 62442ai ' /
Signa e. tines
4/1 4.64.611
Print or ) ame of Witness) III
1 2
OR 4575 PG 238
STATE OF FLORIDA
COUNTY OF COLLIER
pheforegoinginstrumentwasacknowledgedbeforemethis3I€t day of
20Q04 by DAL E. CI-1LUMSKY,JR., ( )who is personally known to me
or(i o produced k I o nd u f ivei C LJC.&4f as identification.
omilliiiiri):\
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No • blic- Print Name
STATE OF FLORIDA''''-
ic sTpj`,;°yLR CQ
COUNTY OF COLLIER
foregoing ins nt was a . .wled,-. be..re me this j`1 day of2008, el t eal . may. y
to me r ho produced 1-1'ffi
a kms,who is personally known
III P i1 Lfll -, :.lii C+w' i••ntification.
1111111;11 j . 1 , 1 i ,
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g. •- .-4`''200 4 p, nio.e d l ,est .
DD401353 c blic- Print Name
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STATE OF FLORILIA:,,c•1STA.,00rr•gnr,.1 •.
COUNTY OF
COLLIERS
DF440,
N, Jai foregoing instrumentwasacknowledgedbefore me this day of
200 by I,ICHo HLUMSKY,( )who is personally known to me
or (j) ho produced n(1 C,2(MQ-, as identification.
i1
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OR 4575 PG 239 ***
STATE OF FLORIDA
COUNTY OF COLLIER
T e foregoing instrument was acknowledged before me this qii day of
201M, by gONRAD A. CHLUMSKY, ( ) who is personally known to me
or who produced I1 n it G l Jri Je(S L A.k, , as identification.
011111111w,,014-A (44. ,0..,1(61.41A
Oa.; ENO/' No ry I -State of Florida
JIG°.c 2s 1.v" 9 J' 16 /4- tleadri-c-62
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wur 443161 OR: 4415 PG: 1498 I"
Pre aced by: RICORDID in OPPICIAL RICORDS of CO1LII1 C001111, ILp12123/2008 at 08:1651 DWIGHT B. BROCI, CLIIILawOfficeofAntonioFaga
7955 Airport Road,N.,Suite 101 COB 1350000.00
Naples,Florida 34109 RIC /111 10,60
DOC-.70 9450,60
File Number:88-099 Retn:
QDARLIS i HSI
1395 P51iH1R LA11 1300
1WPLIS IL 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: 1199 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/13,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 in r r presence:
10,4111/ Ale, grI / L•Seal
i Philip A./'rrone
Witness Printed Name % i'j .0 t Address it! Cro Pointe Blvd •201,Naples,FL 34112
r i
l
t Seal)
Anna Ma Marron
Witness Primed Name ,--u_ = - ' ' ' " Address: 3400 W.Crown Pointe Blvd.#201,Naples,FL 34112
State of Floria
County of Collier
The foregoing ins. • -r• : . .. • r e this 8th day of December,2008,by Philip A.Marrone and Anna Maria Marrone,
husband and wi who is/are r rsonall known to me o who has produced asidentification.
1
ANTONIO FAGA
g•=
I 511'c°4Ats!t 7,D2:
1314*"
l)D u314*" i;
Lary Public
EXPIIES:June S,2011 I rine Name:
BaMraITry NOW,Presc Unarraraaa l
My Commission Expires:
DEED Individual Warranty Deed-Legal on Face
I Closers'Choice
4217692 OR: 4398 PG: 0049
RICORDID in OFFICIAL RICORDS of COLLIII COORTT, FL
10/02/2001 at 01:42F11 DWIGHT I. BIOCI, CLIII
CORS 150000.00
Prepared by and return to: RIC FII 11.50
Kevin R.Lottes DOC-.10 1050.00•
Attorney at Law Rets:
Quarles&Brady LLP QOARLIS A SIAM
1395 Panther Lane Suite 300 1315 PARHIR LAn 6300
Naples,FL 34109-7874 RAPLIS FL 34103
Consideration:5150,000.00
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 3?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 ad. -d p '
r' • s Street South, Naples, FL 34102 of the County of
Collier, State of Florida, grantor*, and Nazd, I'c 5w, . . ' . ' ion, whose post office address is 1199 Third
Street South,Naples,FL 34102 of the Coun' ., ' 1 ler,State of F i ' ,Ar•,•tee*,
Witnesseth that said grantor, for and n co s"• • of the sum of TE • 0 NO/100 DOLLARS ($10.00) and other
good and valuable considerations to sail gr. tor- pais by sa d _rantee, he r:ceipt whereof is hereby acknowledged,
has granted, bargained, and sold to th, sai' • ••• :•, ••=— • ,- •. igns forever, the following described land,
situate,lying and being in Collier Con ty, o da .- t:
n
11
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Lots 37 and 38 of COL-LE a Co TERRACE,accordin a o thelPla ter of as recorded in Plat Book
1,Page 32,of the Public Reco (' Collier County,Flor':
TO HAVE AND TO HOLD,the same in fee sim. forff rCIillC
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.
Double-lime.
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:
Witness Name: (1 rzr'M i Patricia C.Stevens,as Successor Trustee
Mt?
Witness Name: . t-1 oly—Ft9A.
State of Florida
County of Collier
The foregoing instrument was acknowledged before me this day of September, 2008, by Patricia C. Stevens, as
Successor Trustee who L]is personally known or has produced F/, Die. L,t as identification.
Notary Seal] 11 x Ali:,• • e 11S-41t
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RaceTracj
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
yiw,.r~•._..:!'...«.iily.ew:............... x.IaV., .1^.'* :,.'.:F'.c. „A.,:,._...,s•.a iYCwc.i-:.-
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 411
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 $39208 $43,816 $45,580
Total Population 2,865 7,769 24,286 44,557
Total Employees 1,830 6232 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 41)
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
vith 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 20 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
marketplace.
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
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Kangaroo: 0.6 miles south of proposed intersection
IllKangaroo: 0.6 miles south of proposed intersection
4
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Hess: 2.0 miles south of proposed intersection
Examples of RaceTrac's current efforts in Collier County
5
Hess:2.0 miles south of proposed intersection
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RaceTrac: Photo of our existing'store in the city of Naples on Airport Pulling Road,Collier County
4J 221 '.`
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RaceTrac: Photo of existing canopy per Collier County standards. Store at Manatee and Collier Blvd.
6
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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.
III
7
Letter of Authorization
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:
4841-endr1886,Fretfr'iok-Street..Naples FL- 34102 R:""e4Vgtt"" ..,...,
PARCEL #: 26880200101. 26880240006, 26880400008. 26880440000,
26880480002, and 26880860003
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 eitit
Signature
Dale E. Chlumsky. President
Printed or Typed Name and Title /
warn to and subscribed before me this day of(
1j
20 ,( , by
4-1"e- rh,(cwvvt' 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-.,
FI/
n `
My commission expires:
Notary Public
yd* NATAEIE SCNAU$
P naN try Contin Expkeo hi'T,2G1T
COMANOSIIII 01,4112K
Letter of Authorization
I, Nicholas D. Chlumsky , Manager of Chlumskv Holdings LLC., being first
duly sworn, depose and say that Chlumsky Holdings LLC.. is the Owner of the
property described as:
emm x{a.nttl-+a..e*t*1fr vre+n..-+e,.,._,. ,.,.,.--,-.>..,.a....w, n..,.r-..-- •—•......+n. .--•. -,:.=» x+ra r.eeyrr ....:a,sur..-,a.*,n:«.arn-" _.r..._ :y .::e ........_..«...
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:
Chiumsl iHt#din s C. Alliej
By
Mirr/
r
Sig re
Nicholas D. Chlumsky. Manager
Printed or Typed Name and Title
II,,
Sworn to and subscribed before me this7. day'of Mcuh , 20/T, by
nNtCDI( S 11 who is •ersonaliy know to me
or who has produced as identi lea on. 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 ub is
l . .p ,o1 l .,iitt C.D1NGESS
Print Name LJ r , ;a Commission#EE 153152
Expires December 14,2015
BondedThVTroyF hfnYYe9ee6OQ U40M
Co er County
COLLIER COUNTY GOVERNMENT 280u NUKIH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104
www.coiliergov.net 239)252-2400 FAX:(239)252-6358
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S) P . 10 tS 0001349
M•:, . .,.,;r,.I,BriennTmornion- r....:_ .„._',.int name);as--vice PrOoldulltota"leAate anaS,9h a (title;-if applicable).oF.. .>.. .. :».....
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 tins 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. We/I authorize oeusi Fttzgaratd,Inc. to act as our/my representative in any matters
regarding this petition including 1 through 2 above.
Noses:
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".
It each instance,first determine the applicant's status, e.g., individual, corporate,trust,partnership, estate eta, 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.
12AA ' l Vt9 /0Signature
STATE OF FLORIDA
COUNTY OF COWER
CSC 10 t%(c 104-;41-••••
The foregoing instrument was sworn to(or affirmed) and subscribed before me on .2-f date)by"Cu-or am (name
of person providing oath or affirmation),as VP Eke„ 4 NLea1 ev4= who is personally known to me or who has produced
type of identification)as identification.
1INflti'/
OP a'asioMii•, ci .,,400
Signature otary Public
tf
5/28/2015
Page 5 of 5
9Lcoyunt
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104
www.colliereov.net 239)252-2400
Pre-Application Meeting Notes
1•..+.wernrwwrwa+--e++w+^.a^.,....,.::..t.„..•mf fr4.rrep+}waxe.+..-n+r.+r. ,. ,.....;a.sw...a.•..—.,,A-.....d ,.rwaw.,-,.,..,.,.a .w.,utax iRYtrMwP T.Lf}VFifilBNTY M
Date and Time: Wednesday October 21,2015 at 1:30
Assigned Planner: Fred Reischl
Engineering Manager(for PPL's and FP's):
Project information
Project Name: RaceTrac
PL#: 20150002369
Property ID#: multiple Current Zoning:
2096 Tamiami Trail E Naples State: FL ziProjectAddress: City: p:
Applicant: RaceTrac
Agent Name: Kristina Johnson Phone: 418-0691
Agent/Firm Address: 1605 Hendry St City: Fort MyersState: FL Zip: 33901
Property Owner: Nazdar Inc
Please provide the following, if applicable:
i. Total Acreage: • 4-
ii. Proposed#of Residential Units: ,Vii
iii. Proposed Commercial Square Footage: 59,2 cel' p=
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
Co er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104
www.colliergov.net 239)252-2400
Meeting Notes
9C! CY
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104
www.colliereov.net 239)252-2400 FAX:(239)252-6358
Pre-Application Meeting andFinal Submittal Required`myentt Checklist for:
l .i,:r.Y:f..M'i•rtMIS. iMir1.-2Q S•}MbK t. rom- epe Requ'i!'ements4or ut iloSeoArtoS Y1Vt's: •."••'.Y ..t/-.+- :114MrM
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 OF
REQUIRED
NOT
COPIES REQUIRED
Completed Application(download from website for current form)
Completed Addressing Checklist 1
Pre-Application meeting notes
Conceptual Site Plan 24 in.x 36 in.,along with one reduced copy
8Yin.x11in.
Warranty Deed 2 Q
Affidavit of Authorization,signed and notarized 2
Environmental Data Requirements,if required 3
Aerial photographs 5
Electronic copy of all documents and plans
Please advise: The Office of the Hearing Examiner requires all materials 1 ET
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 er Count
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104
www.cotlierttov.net 239)252-2400 FAX:(239)252.6358
PLANNERS INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
hie..:.-...... ._... ............
rivri Bayshore/Gateway Triangle Redevelopment: al Environmental Review:See Pre-Application
Executive Director Meeting Sign-In Sheet
EI Addressing:Annis Moxam ZI Graphics:Mariam Ocheltree
O City of Naples: Robin Singer,Planning Director Historical Review
Comprehensive Planning: See Pre-Application Li Immokalee Water/Sewer District:
Meeting Sign-In Sheet
Conservancy of SWFL: Nichole Ryan Parks and Recreation:Vicky Ahmad
County Attorney's Office: Heidi Ashton-Cicko Transportation Pathways:
Emergency Management: Dan Summers;
El School District(Residential Components):Amy
and/or Heartlock
EMS:Artie Bay
O Engineering: 71—Transportation Planning:
Other: by Utilities Engineering: Kris VanLengen
FEE REQUIREMENTS
All checks payable to:Board of County Commissioners
E Pre-Application Meeting:$500.00 (to be credited towards the application fee if the
application is filed within 9 months of pre-application meeting)
1 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
Co er County
COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
IIIGROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104-
www.collierZtov.net 239)252-2400
Pre-Application Meeting Sign-in Sheet
PL#:20150002369
a.. .. ,... ....,,y j.u:..... i5:_.tl.3iSNtt l4f RN..k:.r17S a.Nu-.L_cs<.'
Collier County Contact Information:
Name Review Discipline Phone Email
Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net
David Anthony Environmental Review 252-2497 davidanthony@colliergov.net 1
Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net
X. Steve Baluch,P.E. Transportation Planning 252-2361 StephenBaluch@colliergov.net
Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net
Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net
Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net
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@colllergovv.net
Iiifi
Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidlashton@colliergov.net.
Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@coihergov.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,A1CP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net
Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org 1
John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net
Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net
El Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net
Eric.Johnson,AICP,CFM Zoning Services 252-2931 erlcjohnson@colliergov.net
arcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net
Stephen Lenberger Environmental Review 252-2915 steveienberger@colliergov.net
Paulo Martins Utilities 252-4285 paulomartins@colliergov.net
Cl 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
Gilbert Moncivaiz Utility Impact Fees 252-4215 giibertmoncivaiz@colliergov.net
El Annis Moxam Addressing 252-5519 annismoxam@colliergov.net
El Stefanie Nawrockl Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net
Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net
Brandy Otero Transit 252-5859 _ brandyotero@colliergov.net
I
oty
COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104
www.colliergov.net 239)252-2400
L Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net
71 Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net
El Stacy Revay Transportation Pathways 252-5677 stacyrevay@colllergov.net
Brett Rosenblum;P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net
X 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
lir Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colllergov.net
Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net
Dir Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net
Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net
El Kris Van Lengen Utility Planning 252-5366 krisvanlengen@colliergov.net
Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net
ri David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net
O Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net
O Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net
Additional Attendee Contact Information:
Name Representing Phone Email
sem, Fos4,e_ R4c.1.41,fr P.4iIe.w s04,g411'3 Fil e(,kc...•.
Mr-oitA-A 1.ti441/41si DEusi ?tri-c,a_i -4 ciii-01t otisr.v4.a. bEusi Rice, ,t4lcaf,.
2.-I
i/
v44,ti'J• clic •-
7
Liss-3 ns c-tY4 do, .s+
n-
t-L c lit ikt lg-..c w.
r-A,„ 1 'h 04 icw ci iia74t,r ry e ra p4, t.av,
1 1
Cofer 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 the Addressing Department 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.
am
PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type)
BL(Blasting Permit) SDP(Site Development Plan)
BD(Boat Dock Extension) SDPA(SDP Amendment)
Camival/Circus Permit SDPI(Insubstantial Change to SDP)
CU(Conditional Use) SIP(Site Improvement Plan)
EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP)
FP(Final Plat 0 SNR(Street Name Change)
LLA(Lot Line Adjustment) SNC(Street Name Change–Unpiatted)
PNC(Project Name Change)TDR(Transfer of Development Rights)
PPL(Plans&Plat Review) VA(Variance)
PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit)
PUD Rezone VRSFP(Vegetation Removal&Site Fill Permit)
RZ(Standard Rezone) 0 OTHER Waiver-Gas Station
LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe 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#
CO ler County
COWER 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: 1=1 Email Fax 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. 41110
FOR STAFF USE ONLY
Folio Number See attached folio numbers
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number.
Approved by:n.ndXl - 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
DELIS! FITZGERALD, INC.
Planning-Engineering-project Management
RACETRAC AT PALM
AUTOMOBILE SERVICE STATION WAIVER, PURPOSE, AND INTENT:
December 8, 2015
Introduction:
This application is for a Facility with Fuel Pumps Waiver for the RaceTrac
convenience store with fuel pumps located on the southeast corner of
Tamiami Trail East and Frederick Street in Naples, Florida. The gas
station with convenience store use is a permitted use on the property.
The use is not the subject of this waiver request. At the pre-application
meeting held on October 21St, 2015 the applicant expressed that the
purpose for this Waiver is to address a comment received on the Site
Development Plan (SDP) application (PL20140000378) that stated a
Waiver must be approved prior to approval of the SDP. At the pre-
application meeting, the applicant further described that the location for
the proposed RaceTrac convenience store is not adjacent to a facility with
fuel pumps. This application is being made under protest because it is still
the opinion of the applicant and its legal counsel that a waiver for "Site
Plan A" is not needed due to the fact that it is not adjacent to the nearby 4117-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 1
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
ID separation requirement. For this criterion, the existing 6-lane divided
Tamiami Trail East right-of-way lies between the proposed RaceTrac
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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
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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.
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c. The fuel canopy will be equipped with a speaker system that
provides music at the pumps. The speakers are directed to
each fueling position and the volume is only audible at that
fueling position and will not exceed the code's allowable
noise levels. Utilization of the speaker system for music will
be limited from 7am to 7pm. A separate speaker system is
provided at each fueling position to communicate with
RaceTrac staff if assistance is needed. This speaker system is
necessary for safety reasons and will not have limited hours.
d. Currently the site, which has frontage on US-41, Palm Street,
and Fredrick Street, only provides six (6) palm trees in the
southeast corner of the property where the former Little Italy
restaurant is located. There are no other buffer
improvements on the property to shield the view, noise, and
lights of US-41 to the residences. There are specific
landscape buffer requirements for the GTMUD-MXD district
as described under Section 4.02.16.E and additional
landscape requirements for facilities with fuel pumps under
Section 5.05.05.D.2.b. RaceTrac is proposing a landscape plan
for the entire development that will provide a buffer between
the residentially zoned properties and US-41 that does not
exist today.
e. The height of the fuel canopy is proposed to be a maximum
of 16' of clear height. This height is intended to further
identify this gas station as a neighborhood fueling station. As
mentioned previously, the proposed site layout locates the
convenience store between the residences and the fuel
canopy with the primary entrance into the building facing
north towards US-41. This provides another buffer between
the residences and the fuel canopy.
Site Plan B:
a. The general site layout, which is typical for gas stations, has
the fuel canopy positioned in the front (north) along
Tamiami Trail East. The proposed convenience store building
is behind (south of) the fuel canopy. Therefore the main
vehicular traffic areas are buffered from residential by the
proposed convenience store building. No vehicular traffic,
including truck traffic, is proposed behind the building
adjacent to residential. Furthermore RaceTrac positioned
their dumpster and loading area on the west side of the
proposed convenience store building which is the farthest
111distancefromtheresidentialproperties. The dumpster and
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loading area locations were specifically chosen to eliminate
traffic behind the convenience store building.
The site plan has been modified from the original proposal
by shifting the convenience store building north and west
further away from the residences. This was accomplished by
reducing the number of fueling positions. Furthermore, the
dumpster, still proposed on the west side of the convenience
store building, shifted further north of the convenience store
building to provide more separation between the residential.
The current site plan has the customer entrances proposed
on the north and east sides of the building, facing US-41 and
Palm Street respectively. There are no customer entrances on
the south side of the building facing the residences.
b. The proposed site layout not only buffers the vehicular
traffic from the residential uses but also helps to buffer the
site lighting. Proper site lighting for the fuel canopy and
parking areas is an important safety factor for RaceTrac
since they operate 24-hours. All site lighting will be designed
to meet the code's requirements on illumination. RaceTrac is
proposing the use of recessed LED lighting for the fuel
canopy which directs the light downwards. Also, RaceTrac
proposes the use of recessed LED lighting on the site that
will be directed away from the residential properties.
Lastly RaceTrac is proposing the use of light fixtures that
meet the International Dark-Sky Association's statement on
outdoor lighting. The proposed fixtures and luminaires are
intended to increase energy efficiency, reduce glare and stray
light and to avoid adversely impacting the outdoor
environment. Following the IDA's statement is not required
by code and is a betterment plan proposed by RaceTrac.
c. The fuel canopy will be equipped with a speaker system that
provides music at the pumps. The speakers are directed to
each fueling position and the volume is only audible at that
fueling position and will not exceed the code's allowable
noise levels. Utilization of the speaker system for music will
be limited from 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.
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d. Currently the site, which has frontage on US-41, Palm Street,
and Fredrick Street, only provides six (6) palm trees in the
southeast corner where the former Little Italy restaurant is
located. There are no other buffer improvements on the
property to shield the view, noise, and lights of US-41 to the
residences. There are specific landscape buffer requirements
for the GTMUD-MXD district as described under Section
4.02.16.E and additional landscape requirements for gas
stations under Section 5.05.05.D.2.b. RaceTrac is proposing a
betterment plan that exceeds the code required landscape
buffers especially in those areas adjacent to residences as
further described.
For areas adjacent to residential, there are two (2) buffer
options per Section 4.02.16.E.2.a.i. Since RaceTrac is
proposing a masonry wall they are required to provide a 10'
wide buffer with trees spaced no more than 30' on-center.
There are additional landscape requirements specifically for
gas stations located in Section 5.05.05.D.2.b. Section
5.05.05.D.2.b requires a single row hedge with a minimum
height of 4' at planting, spaced every 3' on-center, and
maintained at a height of 5'. Combining these two (2)
sections of code results in a required 10' wide buffer, 6' high
masonry wall, 5' high single row hedge, and trees every 30'
on-center. RaceTrac is exceeding each of these requirements
as further detailed below.
i.) First, the site plan exceeds the minimum 10' wide
buffer requirement by providing 20' at a minimum of
planting area, double the requirement. Furthermore
the building setback requirement is 40' from the
southern property boundary and RaceTrac is
proposing 105', over double the requirement. The
proposed parking area setback is 10' from the
southern property boundary and RaceTrac is
proposing 36', triple the requirement.
ii.) Second, the proposed 10' high masonry wall is nearly
twice as high as the requirement of providing 6-feet of
additional height in an effort to block the proposed
development and US-41 from the residential. The
proposed wall will be placed 14.5' off the property
boundary at the top of the perimeter berm. This
distance alone exceeds the required 10' landscape
buffer width. The perimeter berm has been designed
with a top elevation of 5.5' NAVD which is
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approximately 3' above the existing grade in the alley.
This results in a 3' high berm with a 10' high masonry
wall for a total height of 15'. The masonry wall will
have architectural features similar in style and color
with the convenience store building.
iii.) Third, RaceTrac is proposing to install the required 5'
single hedge row on the residential side of the wall
directly adjacent to the wall. Additional meandering
hedges and ground covers are also proposed on the
residential side of the wall. The additional hedges will
be maintained at a height of 3' and the ground covers
will be maintained at a height of 1.5'. Lastly, RaceTrac
is proposing to install trees every 25' on the residential
side of the wall. Two (2) different tree species are
proposed that will have a height of 12' at the time of
planting. The combination of the 5' hedge, 3'
meandering hedges, ground covers, and 12' trees on
the residential side of the wall are intended to provide
both an aesthetically pleasing and functional buffer.
Each element of the landscape buffer adjacent to
residential goes beyond the code requirements and is a
part of the betterment plan offered by Racetrac.
On the RaceTrac side of the 10' high masonry wall, a
single hedge row is proposed directly adjacent to the
wall. Also the vehicular use areas closest to the
residential use will be provided with a double hedge
row and trees at the back of curb. This proposed
landscape will further buffer the residential use and is
part of the betterment plan.
e. The proposed fuel canopy has 16 fueling positions which is a
33% reduction from the original proposal that included 24
fueling positions. The 7-Eleven on the north side of US-41
offers 12 fueling positions. When the original proposal was
submitted, the code did not regulate the allowable number of
fueling positions. The 16 fueling positions is consistent with
all other RaceTrac offers within Collier County.
f. The height of the fuel canopy is proposed to be a maximum
of 16' of clear height. This height is intended to further
identify this gas station as a neighborhood fueling station. As
mentioned previously, the proposed site layout locates the
convenience store between the residences and the fuel
ID canopy with the primary entrance into the building facing
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north towards US-41. This provides another buffer between
the residences and the fuel canopy.
Market Analysis:
Please reference the market analysis submitted as part of this Facility
with Fuel Pumps Waiver application.
Ordinance 15-46 Supplemental Standards for Facilities with Fuel
Pumps adopted July 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.
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
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planting are required. On the facility side of the wall, a row
of canopy trees spaced thirty (30) feet on center, and twelve
12) feet in height at planting, are required. A hedgerow
consisting of ten (10) shrubs, spaced three (3) feet on center,
and four (4) feet high at planting and five (5) feet high within
one year shall be provided. Required canopy trees shall be
staggered to accommodate the canopy trees on the
residential side of the wall.
Site Plan A is not required to meet this standard because it
does not abut residential zoning due to the commercial zoned
parcel on Fredricks Street and the remaining overall parcel.
On the residential side of the wall, Site Plan B meets the
landscape requirements and proposes additional landscaping
including another hedge row and ground cover for the entire
length of the buffer with a third hedge row proposed
throughout the length to provide variation. Lastly, trees are
proposed every twenty-five (25) feet instead of 30-feet.
On the facility side of the wall, Site Plan B proposes a single
hedge row and trees spaced every thirty (30)feet.
3. Music, amplified sound, and delivery time standards.
a. Music and amplified sound shall not be played in the fuel
pump area between the hours of 10:00 p.m. and 7:00 a.m.
Site Plan A and Site Plan B meet this item.
b. Music and amplified sound shall not be audible from the
residential property line.
Site Plan A and Site Plan B meet this item.
c. Deliveries shall be prohibited between the hours of 10:00
p.m. and 7:00 a.m. in the area located between the
neighboring residential property and the facility with fuel
pumps.
Site Plan A will commit to no dumpster pickups during these
hours. Site Plan B does not provide for any delivery areas
between the residential properties and the facility.
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 (S0) feet of residential
property shall not exceed a height greater than fifteen
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15) feet above finished grade. Light fixtures elsewhere
shall not exceed a height greater than twenty (20) feet
above finished grade.
Site Plan A and Site Plan B both propose light fixtures
with a height not to exceed twenty (20) feet above
finished grade.
iii. All light fixtures shall be full cutoff with flat lenses.
Site Plan A and Site Plan B meet this item.
iv. On-site luminaries shall be of low level, indirect diffuse
type, and shall be between a minimum average of 1.5
foot-candles and a maximum average of 5 foot-candles.
Site Plan A and Site Plan B will both provide a minimum
average of 1.5 foot-candles and a maximum average of
8 foot-candles for the entire site.
v. Illumination shall not exceed:
a) 0.5 foot-candles at all residential property
lines; and
Site Plan A and Site Plan B will meet this item.
b) 0.2 foot-candles at ten (10) feet beyond all
residential property lines.
Site Plan A and Site Plan B will meet this item.
b. Under-canopy lighting.
i. Lighting located underneath the canopy shall be
recessed, of indirect diffuse type, and designed to
provide light only to the pump island areas located
underneath said canopy.
Site Plan A and Site Plan B meet this item.
ii. Under canopy luminance shall be between a minimum
average of 5 foot-candles and a maximum average of
20 foot-candles.
If the waiver is granted, both Site Plan A and Site Plan B
will be meet this requirement.
5. Dumpster enclosures. At a minimum, the dumpster enclosure shall
be located at a distance from residential property equal to the
setback of the principal structure from residential property.
Site Plan A and Site Plan B meet this item.
6. See LDC section 5.05.11 for car washes, vacuums, and compressed
air stations abutting residential zoning districts.
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No car wash is proposed. Both Site Plan A and Site Plan B propose a
vacuum and compressed air station. Site Plan A is not required to
meet this standard because it does not abut residential zoning due to
the commercial zoned parcel on Fredricks Street and the remaining
overall parcel. Site Plan B does propose a ten (10) foot masonry
wall along the lot line. Therefore, it does comply with this item.
Summary:
As detailed in Section 5.05.05 of the Land Development Code, the
attached application demonstrates the following:
For both Site Plan A and Site Plan B:
1. The proposed use is a permitted use per the zoning.
2. The existing gas station across the street is separated from the
Proposed RaceTrac by a 6-lane arterial right-of-way with a raised
median.
3. The proposed RaceTrac offers convenience store services that are
unique to the area.
4. The Site Plans have been prepared to minimize vehicular traffic
near the residential properties and to buffer noise and lighting.
5. The fuel canopy is proposed to have a maximum of 16' of clear
height under the canopy.
6. The proposed lighting plan will follow the International Dark-Sky
Association's statement on outdoor lighting. This is a betterment
plan for the parcel.
For Site Plan A:
1. This site plan is not adjacent to a facility with fuel pumps.
For Site Plan B:
1. There are adequate access points to the property from US-41 and
Palm Street. Right turn lanes are proposed at the access points to
US-41 and Palm Street and additional right-of-way improvements
are proposed along Palm Street.
2. The landscape buffer adjacent to residential is proposing a 10' high
masonry wall and twenty (20) feet of planting with a minimum
width of thirty (30) feet of open landscape area. Code requires a 6'
high masonry wall and 10' wide buffer. This buffer has been
designed to be both aesthetically pleasing and to offer a functional
buffer to noise and light.
3. The convenience store building has been positioned on the site to
provide a setback that is two and a half(2.5) times what is required
adjacent to residential.
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4. Of the sixteen (16) Supplemental Standards outlined in Ordinance
15-46, which is not applicable to either Site Plan, Site Plan B is
complying with all (16) of them.
5. As a show of commitment to the community and to the project,
RaceTrac is willing consider development options for the remaining
piece. That area could be proposed as a park with open play areas
and a tot-play lot or could be some type of limited commercial
development. This is up for consideration and discussion as a
development option.
Based on compliance with these, and other regulations, the applicant
respectfully contends that this Facility with Fuel Pumps Waiver
application will not negatively impact adjacent land uses. Similarly, the
proposed use is appropriate at the subject location, and is compatible
with the surrounding area. For these reasons, the requested Facility with
Fuel Pumps Waiver should be approved.
The waiver should be approved for both Site Plans proposed. Due to site
plan allowances and site location design, Site Plan B provides for more
opportunity to meet or exceed the new supplemental standards.
RaceTrac is excited about and committed to developing quality stores for
the citizens of Collier County. Both of the Site Plans provide adequate
service levels for this location. It is the opinion of RaceTrac and its legal
counsel that "Site Plan A" does not require a waiver for development.
The current design is finalizing the SDP process and can be built per
code.
Site Plan B" does need a waiver, but provides a more holistic design for
the property and the neighborhood. From meeting or exceeding code all
supplemental standards to providing development options for the
remaining piece of property, RaceTrac respectfully requests that the
Collier County BOCC approve the waiver for "Site Plan B".
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IF it is to the pleasure of the Board to approve the waiver for "Site Plan
B", then it is respectfully suggested to be approved with the following
conditions:
1. That the Site Plan with Deviations that will be needed for official
approval of the Site Plan B be directed to the Hearing Examiner for
approval.
a. This may include:
i. Front Buffer reduction along US 41
ii. Maximum height of a screen wall to be allowed up to
10'
iii. Sign waivers that are consistent with other RaceTrac
Developments within Collier County.
iv. The number of continuous parking spaces allowed in a
row without a landscape island.
v. Approval and acceptance of architectural elements that
is consistent with other RaceTrac developments within
the county.
vi. The allowance of banding on the fuel canopy
vii. The approval and allowance of the "dark bronze
coloring" on the awnings and banding to be consistent
to the Airport Pulling location.
111)
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Corer County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE S
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.
Address: 3225 Cumberland Blvd. Suite 100 City: Atlanta State: GA ZIP: 30339
Telephone: (770) 431-7600 Cell: (678) 552-5390 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)
PropertyI.D.Number: See Attached 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
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
6/3/2014 Page 1 of 4
Co er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104
www.coiliergov.net 239)252-2400 FAX:(239)252-6358
ZONING INFORMATION
Current Zoning of subject property:
C-4-GTMUD-MXD
Adjacent property information:
Zoning Land Use
N C-4-GTMUD-MXD Tamiami Trail Right-of-Way with commercial
RSF-3 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 8, 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.
Staffs 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 er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104
239 252-2400 FAX:(239)252-6358www.colliergay.net
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) 2 Q El
Completed Addressing Checklist1
Pre-Application meeting notes 2 0 El
Conceptual Site Plan 24 in.x 36 in.,along with one reduced copy x C
8Y2 in.xllin.
r-1
Warranty Deed 2 I^1
Affidavit of Authorization,signed and notarized 2 U n
Environmental Data Requirements,if required 3 0Aerialphotographs5
Electronic copy of all documents and plans
Please advise: The Office of the Hearing Examiner requires all materials 1 Q
to be submitted electronically in PDF format.
Letter of no objection from the United States Postal Service. Contact
1 C
Robert M.Skebe at(239)435-2122.
Written Market Study Analysis z
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 ter 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: O
Environmental Review:See Pre-Application
Executive Director Meeting Sign-In Sheet
El Addressing:Annis Moxam Graphics:Mariam Ocheltree
EI City of Naples:Robin Singer,Planning Director g Historical Review
I Meeting
Planning:See Pre-Application
j_ Immokalee Water/Sewer District:
Meeting Sign-In Sheet
Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad
EI County Attorney's Office:Heidi Ashton-Cicko / Transportation Pathways:Stacey Revay
Emergency Management:Dan Summers; School District(Residential Components):Amy
and/or Heartlock
EMS:Artie Bay
E] Engineering:Alison Bradford Transportation Planning:John Podczerwlnsky
Other: 0 Utilities Engineering:Kris VanLengen
EEE REQUIREIVIEN1S
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)
El Automobile Service Station Separation Requirement Waiver:$1,000.00
0 Estimated Legal Advertising fee for the Office of the Hearing Examiner or the BZA:$500.00
1 amu 17-
AgentAgent Owner Signature Date
Brian Thornton,V.P.of Real Estate and Engineering
Applicant/Owner Name(please print)
6/3/2014 Page 4 of 4
1
DELISI FITZGERALD, INC.
Planning-Engineering-Pro/ect 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
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
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1605 Hendry Street Fort Myers,FL 33901 °239-418-0691 -239-418-0692 fax
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AGENDA ITEM 3B
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-E1S-03205/1248888/1]
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 1
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
Iof2
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: a//C,
Scott A. Stone
Assistant County Attorney
Attachments:
1. Exhibit A
2. Location-Site Map
2 of 2
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5 METRON
SURVEYING & MAPPING, LLC
1 LAND SURVEYORS • PLANNERS
EXHIBIT "A"
1 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
1.W
DE J. O'••NNELLJr.
P .FE ' .NAL SURVEYOR AND MAPPER
FL•' •A 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 DESCi'' IPTION
N. S EE SHEET 1 OF 2 FOR LEGAL DESCRIPTION*
N. EXHI i. 1T "A"
I 4):
414%,,9 \ LINE BEARING DISTANCE
Lor 4 (_
N
N.lrl9 L1 N 00'39'49" W 30.00'
o• `\ ill, ``\ L2 S 52'01'49" E 38.40'
I Qyr 11.4g1. `N L3 S 89'23'16" W 30.00'
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F `'rqi L4 N 00'39'49" W 120.00'
S o N. S LEGEND:
LOT 5 z ' 0 70.0 \ P.O.B. = POINT OF BEGINNING
a ( of 0 R/W = RIGHT-OF-WAY
i P.B. = PLAT BOOK
LOT 6 I I PG. = PAGE
50.0
I
a A
LOT 7
1
40.0' 40.0' 40.0' 40.0' of F R
s
120.0 A
a 0 In
o LOT 21 n Z2 A
LOT 8 ;
a COL-LEE-CO TERRACE '
I Oft
P.B.1,PG 32 0 N M
o LOT 22 ro '
LOT 9 I 160.00'
cn 40.0' 40.0' 40.0' 40.0'
40.0' 40.0' 40.0' 40.0'
yLOT10i
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30.0 -
z1 ,
A M N p 0 0 f.
LOT 11 I
I M r t- r r r cv o cv M l
w 0 0 0 0 0 r n Q h- NOOM <
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4. LOT 12 ' N 89°23'16"E 8 w a
710.00' Z m 0 0 0
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0.
Lor 13 1 FIRST STREET (PLAT) 30.0 j 60.0-
1
z
40.0' 40.0' 58.0'
IS89°23'16"W W
LOT 14 I PO.B. 210.00' a C'LOT 44 oIx
to ox iKo
0
0 + 138.0' I
LOT 15 ' ..i n ,_ o
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I J J Cn LOT 45 0:
LOT 16 iI 60_0' SO.I)' 50.0' 50_0' S0_0' so.o__ 1.3 _-_____J
INOMAH P.B. 2, PG 82 20' ALLEY
LOT 8 LOT
7Nb
a LOT 6 I PLOT 5 I
LOTO4K
0I LOT 3 1 LOT 2 LOT 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.
3. PARCEL IS SUBJECT TO EASEMENTS,ETRON 1097ENUE
FORTOS.
CLEVELAND
MYESLATE
RS LOROIDAA33907
RESERVATIONS RESTRICTIONS AND
SURVEYING&MAPPING PHONE: (239) 275-8575
RIGHT-OF-WAYS RECOORDEDDAND FAX: (239) 275-8457
UNRECORDED, WRITTEN AND UNWRITTEN).LAND SURVEYORS'PLANNERS
LB#7071 www.metr°n8.com
FILE HAME: FIELD ROOK/PACE: PROJECT 140.: SHEET:
12940 RW VAC REV.dwg N/A 12940 2 0f 2
SKEION DATE: DRAWN BY. SCALE: CHECKED BY: (5-T-It) Ci
04/01/2016 BUD 1"= 100' OJO 11-50-25 V
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PALM
STREET
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
P1 20150002788 REV 2
CenturyLink-
3530 Kraft Rd.Unit 100
Naples,FL 34I05
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,
9444 gamed
Gladys Humes
Network Engineer II -E&C
GXH:js
cc: Easement File
Chron File
PL 20150002788 REV 2
t .eulliet ottttly Slwritis E_flltc't°
f
4.
11,T04. SHERIFF KEVIN J. RAMO%
tea,
March 22, 2016
Andrew Fitzgerald, P.E.
Delisi Fitzgerald, Inc.
1605 Hendry Street
Fort Myers, F1,33901
RE: Marketplace at Palm
Dear Mr. Fitzgerald:
Staff has reviewed your request for a letter of"No Objection" for the above described
property.
The Sheriff's 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. These 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 Sheriff's Office has "No Objection" to the granting of
your request.
If the agency can be of any further service, please advise.
Si
Mi had J. ' . '"erg, F.quire
General Counsel
Collier County Sheriff's Office
239)252-0660
MJ I I;ibg
I
GREATER NAPLES FIRE RESCUE DISTRICT
t I \`} k FIRE AND LIFE SAFETY
OO
11i- >z
2700 North Horseshoe Drive • Naples, FI,34104
Phone: (239)774-2800 Fax: (239)774-3116
t:4:-.4.
710 Itt$01a 1
Kiugulai SAO, Far Ch/f
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 U.S. 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.
Sincerer .,
40
fai g, A-%?Aus........
Shawn M. Hanson
Division Chief/Fire Marshal
cc: Kingman D. Schuldt, Fire Chief
SMH/sap
li
Florida Power&Light Company
FPL
March 10, 2016
Drew Fitzgerald, P.E.
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,
Philip Davis
Associate Engineer
Pt. 20150002780 REV a
A NEXTera ENERGY Company
Florida Power&Light Company,
o4n1e0:
523185"
35A3v60 ,FNaaxp2le3a8,-3F5L3
3-
84018126
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
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