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Agenda 06/27/2017 Item #17B06/27/2017 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 a Resolution providing for the establishment of a Conditional Use to allow an auto supply store with over 5,000 square feet of gross floor area in the principal structure (Sic Code 5531) within a Commercial Intermediate (C-3) Zoning District pursuant to Section 2.03.03.C.1.c.20 of the Collier County Land Development Code. The subject property containing 1.24 acres on Lots 12-18, South Tamiami Heights subdivision is located on the southwest corner of US 41 and Seminole Avenue, in Section 13, Township 50 South, Range 25 East, Collier County, Florida. (CU-PL20150001611) OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and to ensure 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 purpose of the subject Conditional Use is to allow an 8,000 square-foot, automobile supply store to have an increased area larger than the Collier County Land Development Code's (LDC) prescribed area of 5,000 square feet. The subject site is currently developed with a vacant 2,425 square-foot convenience store with gas pumps that is no longer operating. The subject site has been designed to minimize impacts to the residential neighborhood to the west. An approximate 40 - 50-foot wide storm water management area, a 10-foot wide Type D Landscape buffer, and a fence/wall separates the parking and building from the residential neighborhood to the west. The proposed automobile supply store will not have direct access to Tamiami Trail East (US 41). Instead, the subject property’s existing access will be removed. Shared cross access is proposed with the neighboring parcel to the north which has access to Tamiami Trail East (US 41). To date, no letters of objection or support have been received. FISCAL IMPACT: The Conditional Use by and of 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 Conditional Use is approved, a portion of 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 (GMP) 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 and the CCPC to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The Conditional Use request has been determined to be consistent with the FLUE (Future Land Use Element) of the GMP and therefore creates no impact. 17.B Packet Pg. 1505 06/27/2017 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition CU-PL20150001611, O’Reilly’s Tamiami Trail East Conditional Use (CU) on June 1, 2017. The CCPC voted 6 to 0 to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to revising the Master Plan and Conditions of Approval. The Master Plan has been revised to show a 15-foot wide Landscape buffer along Tamiami Trail and the SIC code has been corrected. The Conditions of Approval are as follows: 1. The principal structure shall be limited to 8,000 square feet of gross floor area. 2. No repair bays are allowed. 3. There shall be no delivery traffic on Tamiami Lane. There have been no letters of objection received. Therefore, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a Conditional Use authorizing the establishment of a conditional use to allow an auto supply store with over 5,000 square feet of gross floor area in the principal structure (SIC Code 5531) within a Commercial Intermediate (C-3) Zoning District. A Conditional Use is a use that is permitted in a particular zoning district subject to certain restrictions. All testimony given must be under oath. The attached report and recommendations of the Planning Commission are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the Conditional Use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the BZA approves the request for CU-PL20150001611, O’Reilly’s Tamiami Trail East Conditional Use subject to the CCPC’s Conditions of Approval. Prepared by: Nancy Gundlach, AICP, PLA, Zoning Division ATTACHMENT(S) 1. Staff Report-CU-PL20150001611-O'Reilly's Tamiami Trail East (PDF) 2. Resolution 6-2-17 O'Reilly's CU (PDF) 3. Location Map 5-9-17 (PDF) 4. Master Plan 6-2-17 (PDF) 5. Exhibit B-FLUE-Consistency Rev-CU-PL20150001611-OReillys (PDF) 6. Exhibit C-NIM Summary-CU-PL20150001611-O'Reilly's Tamiami Trail East (PDF) 7. [Linked] CU-PL20150001611 OReilly's Tamiami Trail East Application (PDF) 8. Legal Ad - Adenda ID # 3272 (PDF) 17.B Packet Pg. 1506 06/27/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 3272 Item 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 a Resolution providing for the establishment of a Conditional Use to allow an auto supply store with over 5,000 square feet of gross floor area in the principal structure (Sic Code 5531) within a Commercial Intermediate (C-3) Zoning District pursuant to Section 2.03.03.C.1.c.20 of the Collier County Land Development Code. The subject property containing 1.24 acres on Lots 12-18, South Tamiami Heights subdivision is located on the southwest corner of US 41 and Seminole Avenue, in Section 13, Township 50 South, Range 25 East, Collier County, Florida. (CU-PL20150001611) Meeting Date: 06/27/2017 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 06/02/2017 4:07 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 06/02/2017 4:07 PM Approved By: Review: Zoning Ray Bellows Additional Reviewer Completed 06/02/2017 4:26 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/05/2017 1:25 PM Zoning Michael Bosi Additional Reviewer Completed 06/05/2017 1:35 PM Growth Management Department Nancy Gundlach Level 2 Division Administrator Skipped 05/25/2017 3:10 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/05/2017 1:49 PM Growth Management Department James French Additional Reviewer Completed 06/06/2017 10:59 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/07/2017 9:23 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/09/2017 12:42 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/16/2017 10:58 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/16/2017 11:37 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM 17.B Packet Pg. 1507 17.B.1 Packet Pg. 1508 Attachment: Staff Report-CU-PL20150001611-O'Reilly's Tamiami Trail East (3272 : O'Reilly's CU- 17.B.1 Packet Pg. 1509 Attachment: Staff Report-CU-PL20150001611-O'Reilly's Tamiami Trail East (3272 : O'Reilly's CU- 17.B.1 Packet Pg. 1510 Attachment: Staff Report-CU-PL20150001611-O'Reilly's Tamiami Trail East (3272 : O'Reilly's CU- 17.B.1 Packet Pg. 1511 Attachment: Staff Report-CU-PL20150001611-O'Reilly's Tamiami Trail East (3272 : O'Reilly's CU- 17.B.1 Packet Pg. 1512 Attachment: Staff Report-CU-PL20150001611-O'Reilly's Tamiami Trail East (3272 : O'Reilly's CU- 17.B.1 Packet Pg. 1513 Attachment: Staff Report-CU-PL20150001611-O'Reilly's Tamiami Trail East (3272 : O'Reilly's CU- 17.B.1 Packet Pg. 1514 Attachment: Staff Report-CU-PL20150001611-O'Reilly's Tamiami Trail East (3272 : O'Reilly's CU- 17.B.1 Packet Pg. 1515 Attachment: Staff Report-CU-PL20150001611-O'Reilly's Tamiami Trail East (3272 : O'Reilly's CU- 17.B.1 Packet Pg. 1516 Attachment: Staff Report-CU-PL20150001611-O'Reilly's Tamiami Trail East (3272 : O'Reilly's CU- 17.B.2 Packet Pg. 1517 Attachment: Resolution 6-2-17 O'Reilly's CU (3272 : O'Reilly's CU- PL20150001611) 17.B.2 Packet Pg. 1518 Attachment: Resolution 6-2-17 O'Reilly's CU (3272 : O'Reilly's CU- PL20150001611) 17.B.2 Packet Pg. 1519 Attachment: Resolution 6-2-17 O'Reilly's CU (3272 : O'Reilly's CU- PL20150001611) 17.B.2 Packet Pg. 1520 Attachment: Resolution 6-2-17 O'Reilly's CU (3272 : O'Reilly's CU- PL20150001611) 17.B.2 Packet Pg. 1521 Attachment: Resolution 6-2-17 O'Reilly's CU (3272 : O'Reilly's CU- PL20150001611) Bayshore DRThomasson DRAirport Pulling RD STa mia mi T R L E OSCEOLA AVE PALM DRIVETA MIA MI LN CALOOSA STOKEECHOBEE STSEMINOLE AVE TA MIA MI TRAIL - U.S. 41 GUILFORD ROAD GUILFORD OAKS LN14 7 Golf Course Parcel # 3 16 15 8TRACT C TRACT D 29 1 2811122 27 10 13 3 26 4914 25 5 24815 6 23 A167722D Outpa rcel617218 F6 5 9 20518 10 1941119411 18 103320 12 17 13212C2 16 15 141221879 2675810911161812201914171513B 14 ENCHANTING ACRESMOBILE HOME PARK 1A 2715891013654141112 3 4 3189 B 7 22 TRACT14 5610 11371112A156161817 3 54 NE APOLITA N RV RESORT A LAND CONDO N1/4CNR Outlo t "D " DRAINAGEEASEMENTDB 28 PG 193OR 116 1/98 1 OR 116 1/98 4 X14.2 X19.2 X39.1 À1 X48X31 X31.2 X31 X24X47 À29 X31.3À28 À1À12 À27À11 À2 X31.1À13À10 À3 À25 À14À9 X31.8À8 À15 À23À5 À6À7À16 À21À5À6À17 X31.4X31.9À8 À18À5 À19À11 À10À4À4À19 À10À3À3À20 À12 À16À2À21 X31.5À2À8 À9 À15À22À1À1 X31.6 À3 À5À18À17À12À11À16À10À8À13À19À9À14À15À20 À1 X31.7 X18 X1 X53 À13À15À14 À1À10À7 À15.1 À14.1 À13.1 À15.4 À7.2À14.2 À15.3 À5 À4À8À13.2À15.2 À12 À11 À7.1À10.1À14.3 À9 À8.1À1À16.1À17 À7À14À11 À2 À6 À1À1 À3 À5À6À7À13À10À11.1À12 À5À15À17.1À18 À16 À14.1 À4 X19 X21.2 X60 X48 À11.1 PU-I SV V PU"c", CU CU PU CU RMF-16 PUD C-5 C-3 C-3 C-3 MH GC GC RPUD TTRVC RMF-6 RSF-4 PUD RSF-4 RMF-6 RMF-6 COURTHOUSESHADOWS/COLLIER LAKE AVALON VORNADO Location Map Zoning Map Petition Number: PL-2015-1611 PROJEC TLOCATION SITELOCATION ¹ 17.B.3 Packet Pg. 1522 Attachment: Location Map 5-9-17 (3272 : O'Reilly's CU- PL20150001611) FUTURE CROSS-ACCESS PROPOSED 1-STORY BUILDING 8,000 SF STORMWA T ERMANAGEMEN TAREASZONING C-3 FLU UC ZONING RSF-4 FLU UC ZONING C-3 FLU UC R1-1 STOP SIGN W/ 2' STOP BAR LINE OF SIGHT TYP ZONING C-3 FLU UR EXISTING SINGLE FAMILY HOUSE PROPOSED 5' SIDEWALK EXISTING SIDEWALK PROPOSED DUMPSTER PAD LOCATION STORMWA T ERMAN AGEM EN TAREAS PROPERTY LINE EXISTING ACCESS TO BE CLOSED ZONING MH FLU UC ZONING C-3 FLU UC PROPOSED SIDEWALK 10' TYPE D LANDSCAPE BUFFER W/ FENCE OR WALL PER CODE 10' TYPE D LANDSCAPE BUFFER 15' TYPE D LANDSCAPE BUFFER 10' TYPE A LANDSCAPE BUFFER 10' TYPE D LANDSCAPE BUFFER W/ FENCE OR WALL PER CODE 15' COUNTY UTILITY EASEMENT SITE DATA PROPOSED COMMERCIAL - AUTO PARTS STORE (AUTO AND HOME SUPPLY STORES (SIC# 5531)) EXISTING: COMMERCIAL - RETAIL SERVICES MISCELLANEOUS (SIC# 7629-7631, 7699) FORMERLY A CONVENIENCE STORE W/GAS PUMPS (GASOLINE SERVICE STATIONS (SIC# 5541)) 3608 TAMIAMI TRAIL E NAPLES, FL 34112 FRONT:50% OF BLDG HT NOT LESS THAN 25 FT SIDE:50% OF BLDG HT NOT LESS THAN 15 FT REAR:50% OF BLDG HT NOT LESS THAN 15 FT C-3 (COMMERCIAL INTERMEDIATE DISTRICT) SCHERER, WILLIAM C. AND IRENE K. 19218 EASTWOOD DRIVE HARPER WOODS, MICHIGAN 48225 STANDARD PARKING SPACES = 30 HC SPACES = 2 TOTAL PARKING SPACES = 32 1 PARKING SPACE PER 250 SF OF FLOOR AREA 8,000 SF/250 SF = 32 SPACES REQUIRED HC SPACES REQUIRED: 2 STANDARD STALL SIZE = 9' x 18' HC STALL SIZE = 12' x 18' BUILDING SETBACK REQUIREMENTS: PARKING (PROPOSED):PARKING (REQUIRED): PROPERTY USE: PROPERTY LOCATION: ZONING: PROPERTY OWNER: LOTS 12, 13, 14, 15, 16, 17 AND 18, BLOCK A, SOUTH TAMIAMI HEIGHTS, AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION: 74410400006, 74410380003, 74410360007 PARCEL NUMBER: TAMIAMI TRAIL: 15 FT TYPE "D" SEMINOLE AVE:10 FT TYPE "D" TAMIAMI LANE :10 FT TYPE "D" NW (COMMERCIAL):10 FT TYPE "A" LANDSCAPE BUFFER REQUIREMENTS: URBAN MIXED USE DISTRICT FUTURE LAND USE: 22'-4" +/- (50' ALLOWED) PROPOSED BUILDING HEIGHT: UC (URBAN COASTAL FRINGE SUBDISTRICT) 4 K:\PROJECTS\300\319018\DWG\CURRENT\PLANNING\319018-SITE PLAN 8.5 X 11.DWG , 6/2/2017 O'REILLY @ US 41 & SEMINOLE AVE. CONCEPTUAL SITE PLAN COLLIER COUNTY, FLORIDA revised 6/2/17 EPIC RETAIL 41 SEMINOLE, LLC PROPERTY DEVELOPER: 17.B.4 Packet Pg. 1523 Attachment: Master Plan 6-2-17 (3272 : O'Reilly's CU- PL20150001611) To: From: Date: Subject: Growth Management Department Zoning Division, Comprehensive Planning Section Memorandum Nancy Gundlach, AICP, Principal Planner, Zoning Services Section Sue Faulkner, Principal Planner, Comprehensive Planning Section Mayl,2017 Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PL20l 5000161 I PETITION NAME: O'Reilly's Auto Parts - CU - Review 3 REQUEST: To obtain a Conditional Use (CU) for an 8,000 square-foot auto parts store (Standard lndustrial Classification code - SIC 5531) in the C-3 zoning district, as provided in the Collier County Land Development Code (LDC). This site is currently developed with a 2,425 square-foot commercial building that will be demolished in order to completely redevelop the property. LOCATION: The subject site, consisting of +1.24 acres, is located on the northwest comer of Tamiami Trail East (US 4l) and Seminole Avenue, in Section 13, Township 50 South, Range 25 East. COMPREHENSM PLANNING COMMENTS: The subject property is designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict), and is within the Coastal High Hazard Area (CHHA), as identified on the Future Land Use Map within the Growth Management Plan (GMP). The petitioner is requesting a Conditional Use for a future 8,000 square-foot auto parts store in the Commercial Intermediate (C-3) Zoning District. This site is currently developed with a 2,425 square-foot commercial building that is not operating and will be demolished in order to completely redevelop the property. The previous use for the subject site was a convenience store with gas pumps. The proposed project is an infill redevelopment that will utilize Collier County's existing infrastructure (water, sewer, and roads) and will reuse previously developed commercial land. Relevant to this petition, zoning on property for which an exemption has been granted, based on vested rights, dedication, or compatibility determination, and the zoning on property for which a compatibility exception has been granted, both as provided for in the Zoning Re-evaluation Program established pursuant to former Policy 3.1K and implemented through the Zoning Reevaluation Ordinance No.90-23, as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. The subject site, previously developed ( l98l ) convenience store with gas pumps and zoned "C-3", was deemed "Consistent by Policy". Such property shall be considered consistent with the Future Land Use Element only to the extent ofthe exemption or exception granted and in accordance with all other limitations and timelines that are provided for in the Zoning Re-evaluation Program. This means the subject site may be developed or redeveloped in accordance with its existing zoning - permitted and conditional uses. FLUE Policy 5.4 (shown below in ilalics) followed by staffanalysis in bold text' Zonin8 Division . 28OO North Horseshoe Drive ' Naples, FL 34104 o 239-)52-2400 Exhibit B Page 1of 2 17.B.5 Packet Pg. 1524 Attachment: Exhibit B-FLUE-Consistency Rev-CU-PL20150001611-OReillys (3272 : O'Reilly's CU- PL20150001611) New developments shall be compatible with, and complemenlary lo, the surrounding land uses, as setforth in the Land Developmenl Code (Ordinance 04-41, adopted June 22, 2004 and eJfective October 18, 2004, as amended). IComprehensive Planning staff leaves this determination to Zoning s(aff as part of their review of the petition.l Objective 7 ofthe FLUE states: "ln an effort to support the Dover, Kohl & Partners publication, Toward Befter Places: The Communiry Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable." Staffanalysis follows each ofthese policies in botd print. Policy 7.1 : The County shall encourage developers and property owners to connect their properties to fionting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. lThere are currently two existing ingress/egress locations on the subject site: one accessing Tamiami Trail East (US 4l), an arterial roadway, and one accessing Seminole Avenue, which is a local road adjacent to the southern boundary of the subject property. The petitioner stated per Collier County Transportation and Florida Department of Transportation, the existing curb cut on the subject site that accesses US 41 is to be closed./removed and the proposed redevelopment project is being encouraged to utilize a cross-access with the neighboring commercial parcel to the north, which will continue to maintain an existing curb cut onto US 41. The current ingress/egress point on Seminole Avenue is to be relocated further away from the US 4llSeminole Avenue intersection for improved safety.l Policy 7.2: The County shall encourage intemal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minrmize the need for traffic signals. [The site is proposed as a single development project. Given the small size of the project, and the proposed development, a loop road or drive is not feasible.l Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and./or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [A parking loUdriveway interconnection between the proposed redeyelopment and the commercial property to the north is being encouraged to allow the subject site to have an ingress/egress with US 4l through the neighboring property to the north.l Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. lMostly not applicable given that this is a commercial development. There is a sidewalk on Tamiami Trail East (US 4l), but there is currently no sidewalk on Seminole Avenue. However, the applicant has stated in their application that they will provide a direct sidewalk connection to the existing sidewalk on Tamiami Trail East and will install a sidewalk along the length oftheir frontage on Seminole Avenue to promote pedestrian safety.l CONCLUSION: Staff concludes the requested conditional use may be deemed consistent with the Future Land Use Element (FLUE) of the Collier County GMP. cc: Michael Bosi, AICP, Director, Zoning Division David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section CU-P12015-'16'1 1 O'Reillv's Auto Parts Store R2.docx Zoning Division . 2800 Nonh Horseshoe Drive . Naples, FL 34104. 239-252-2400 Page 2 of 2 17.B.5 Packet Pg. 1525 Attachment: Exhibit B-FLUE-Consistency Rev-CU-PL20150001611-OReillys (3272 : O'Reilly's CU- PL20150001611) 17.B.6 Packet Pg. 1526 Attachment: Exhibit C-NIM Summary-CU-PL20150001611-O'Reilly's Tamiami Trail East (3272 : O'Reilly's 17.B.8 Packet Pg. 1527 Attachment: Legal Ad - Adenda ID # 3272 (3272 : O'Reilly's CU- PL20150001611) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 1 of 13 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 – 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME DATE PROCESSED A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ___________________ E-Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. To be completed by staff Epic Retail 41 Seminole, LLC (ATTN: Andrew Hupp, Managing Member) 907 S Fort Harrison Ave, Suite 102 Clearwater FL 33756 727-210-1900 ahupp@epicdevco.com Peter Pensa, AICP Avid Group 2300 Curlew Rd, Suite 201 Palm Harbor FL 34683 727 789-9500 x181 727 234-8015 peter.pensa@avidgroup.com COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 2 of 13 DISCLOSURE OF INTEREST INFORMATON Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership William C. Scherer & Irene K. Scherer, as husband and wife 100% 19218 Eastwood Dr, Harper Woods, MI 48225-2043 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 3 of 13 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Epic Retail 41 Seminole, LLC (Andrew Hupp & Justin Basil, Managers)100% 907 S Ft. Harrison Ave, Suite 102, Clearwater, FL 33756 7/1/1980 N/A N/A N/A between 1/1/17 & 7/10/17 08/09/16 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 4 of 13 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application:  If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district;  The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and  The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: ____________________________ Plat Book: _______ Page #: _______ Section/Township/Range: _______ /_______ /_______ Subdivision: __________________________________________Lot: ________ Block: ________ Metes & Bounds Description: _____________________________________________________ Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: _____________ Address/ General Location of Subject Property: ______________________________________________________________________________ ______________________________________________________________________________ 74410400006, 74410380003 & 74410360007 950 1662 13 50 25 South Tamiami Heights 12-18 A See attached 54,295 1.246 mol 3608 Tamiami Trl E, Naples, FL 34112 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 5 of 13 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: __________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________ Metes & Bounds Description: ________________________________________________ CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the _______________________ zoning district for _______________________ (type of use). Present Use of the Property: __________________________________________ C-3 Urban Coastal Fringe Subdistrict MH Urban Residential Subdistrict C-3 Urban Coastal Fringe Subdistrict RSF-4 Urban Coastal Fringe Subdistrict C-3 8,000 sf Auto Parts Store None. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 6 of 13 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? _____________________________________________________________________________________ _____________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? No Yes (If yes please provide copies.) No. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 7 of 13 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ______________________________City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Address of Subject Property (If available): ___________________________________________ City: ________________ State: __________ ZIP: ___________ LEGAL DESCRIPTION Section/Township/Range: / / Lot: Block: Subdivision: _______________________________________________ Plat Book: Page #: Property I.D. Number: _________________________________ Metes & Bounds Description: _____________________________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: ____________________ d. Package Treatment Plant (GPD Capacity): ___________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System c. Franchised Utility System PROVIDE NAME_______________ d. Private System (Well) Total Population to be served: ____________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _______ Average Daily: ________ B. Sewer-Peak: _______ Average Daily: ________ Epic Development, LLC (ATTN: Andrew Hupp, Managing Member) 907 S Fort Harrison Ave, Suite 102 Clearwater FL 33756 727-210-1900 ahupp@epicdevco.com 3608 Tamiami Tr E Naples FL 34112 13 50 25 12-18 A South Tamiami Heights 3 44 74410400006, 74410380003 & 74410360007 see attached X CCWSD (SCWRF) 16.0 MGD X CCWSD (SCRWTP) 8,000 sf retail (auto parts store) 320 gpd 80 gpd 320 gpd 80 gpd COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 8 of 13 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________ Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of buil ding permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 8/1/17 n/a - use existing service connection n/a - use existing service connection COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 9 of 13 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing a dvertising sign(s) immediately. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 10 of 13 Pre-Application Meeting and Final Submittal Requirement Checklist for: A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1. 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 Copies Required Not Required Completed Application (download current form from County website) 16 Cover letter briefly explaining the project 16 Pre-Application Notes 1 Affidavit of Authorization, signed and notarized 2 Completed Addressing Checklist 1 Warranty Deed(s) 3 Boundary Survey 3 Conceptual Site Plan 24” X 36” plus (one 8 ½ X 11 copy) Plans showing proposed location for utilities, if required Plans for screening and buffering the use with reference as to type, dimensions, and character, if required Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required Plans showing the proposed signs and lighting, including type, dimensions, and character, if required Architectural Rendering of Proposed Structure(s), if applicable 4 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 Statement of utility provisions (with all required attachments & sketches) 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 3 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. Listed Species Survey; less than 12 months old. Include copies of previous surveys. 2 Traffic Impact Study (TIS) or waiver 7 Historical and Archeological Survey, or waiver 4 Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 * 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 . X X X X X X X X X X X X X X X 16 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 11 of 13 Planners: Indicate if the petition needs to be routed to the following additional reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management: Dan Summers; and/or EMS: Artie Bay Conservancy of SWFL: Nichole Ryan Graphics: Mariam Ocheltree City of Naples: Robin Singer, Planning Director Utilities Engineering: Kris VanLengen Parks and Recreation: Vicky Ahmad Immokalee Water/Sewer District: Other: School District (Residential Components): Amy Heartlock Communication Towers: Mosquito Control Collier County Airport Authority Naples Airport Authority Commercial Mining: Impact Fees FEE REQUIREMENTS All checks payable to: Board of County Commissioners  Pre-Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre-application meeting)  Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5th and subsequent reviews: 20% of original fee  Fire Code Review Fee: $150.00  Comprehensive Planning Consistency Review: $300.00  Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00  Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00  Transportation Fee, if required: o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00  Estimated Legal Advertising Fee for the Hearing Examiner o r CCPC: $925.00  Estimated Legal Advertising Fee for the BZA, if required: $500.00 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 __________________________________ ____________________ Applicant Signature Date April 19, 2017 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 12 of 13 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner’s receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum:  Date, time, and location of the hearing;  Description of the proposed land uses; and  2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9/25/2014 Page 13 of 13 Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum:  Date, time, and location of the hearing;  Description of the proposed land uses; and  2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date . Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. Revised Narrative Statement Conditional Use Permit Application O'Reilly's Tamiami Trail East 3608 Tamiami Trail E, Naples, FL 34112 O'Reilly's Tamiami Trail East (3608 Tamiami Trail E, Naples, FL 34112) Page 1 of 3 Revised Conditional Use Narrative Statement (April 19, 2017) Project Description: The redevelopment project will be a 8,000 sq.ft. auto parts store on a 1.24 acre tract of land located at 3608 Tamiami Trail E., which is the northwest corner of Tamiami Trail E. (U.S. Highway 41) and Seminole Avenue in unincorporated Collier County. The property is zoned C-3 (Commercial Intermediate District). The property is currently developed with a 2,415 sq.ft. commercial building that was originally a convenience store with gas pumps and has subsequently been occupied by a variety of commercial businesses. The existing building and other site improvements will be demolished in order to completely redevelop the property. The proposed “auto and home supply stores (5531)” use is a permitted use within the C-3 zoning district. Since the structure will exceed 5,000 sq.ft. of gross floor area, conditional use approval is required. Evaluation Criteria: Pursuant to Land Development Code (LDC) Section 10.08.00.D., the County shall find that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the following matters, where applicable: 1. Consistency with the LDC and Growth Management Plan. Applicant’s finding: The future land use map designation for the property and surrounding area is Urban – Mixed Use District, Urban Coastal Fringe Subdistrict. The Tamiami Trail corridor is developed in a mixed use pattern with commercial uses fronting/lining the Tamiami Trail frontage and various residential dwelling types located to their rear. Subject property and surrounding area is typical of this development pattern. And the use is consistent with the purpose and intent of the C-3 zoning district, which is “to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic.” Being a commercial redevelopment project, the conditional use advances the numerous Growth Management Plan policies intended to discourage urban sprawl, minimize/transition residential density within the Subdistrict, minimize cost of community facilities, protect environmentally sensitive lands and provide for retention of open space. The conditional use is an infill redevelopment project so it has no residential density, will utilize the County’s existing infrastructure investment (water, sewer, roads), and will reuse previously developed commercial land. O'Reilly's Tamiami Trail East (3608 Tamiami Trail E, Naples, FL 34112) Page 2 of 3 Revised Conditional Use Narrative Statement (April 19, 2017) 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Applicant’s finding: The proposed site access is designed to provide safe and efficient ingress/egress to the property while minimizing potential impacts on the surrounding neighborhood. At the direction of Collier County and FDOT review staff, the project will not have direct access onto Tamiami Trail E. (U.S. Highway 41). Instead, the property’s existing curb cut onto Tamiami Trail will be closed/removed and the redevelopment project will have shared, cross- access with the neighboring commercial parcel to the north which has an existing curb cut. In addition, the existing curb cut on Seminole Avenue with be relocated further away from the intersection for improved safety while at the same time not so far west that it might become an intrusion into the residential neighborhood. The new driveway will be located across from the existing driveway for the commercial parcel to the south and to the east of the multi- family apartment complex that is located behind that commercial parcel. The project will have a direct sidewalk connection to the existing sidewalk on Tamiami Trail. There are currently no sidewalks along Seminole Avenue or Tamiami Lane, so the redevelopment project will install sidewalks along the entire length of both of these frontages to promote pedestrian safety. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Applicant’s finding: The conditional use is a redevelopment project on an existing commercially developed property. The use is an indoor retail sales establishment, so it will not generate noise, glare, odor, or have adverse economic effects on neighboring properties. The site plan is designed to keep the active uses (building and parking) toward the front of the property, while the rear will have passive uses (a 10’ wide Type “D” buffer, a 6’ high opaque fence, and the stormwater management facilities) in order to provide enhanced buffering from the residential lots to the west. This buffering exceeds the code requirements for a right-of-way buffer. In addition, the nearest single-family house, which this buffer is primarily being provided for the benefit of, is located approximately 95 feet from the proposed building as shown on the site plan. O'Reilly's Tamiami Trail East (3608 Tamiami Trail E, Naples, FL 34112) Page 3 of 3 Revised Conditional Use Narrative Statement (April 19, 2017) 4. Compatibility with adjacent properties and other property in the district. Applicant’s finding: The use is compatible with the existing, dense commercial development pattern along the Tamiami Trail corridor. The surrounding uses and zoning districts are: Direction Existing Use(s) Zoning District North Advance Discount Auto Parts C-3 South Seminole Avenue, then Tires Plus and an apartment complex C-3 East Tamiami Trail, then Guns & Gold and Naples Towne Center C-3 West Tamiami Lane, then a single-family home/subdivision RSF-4 The proposed use is the same/similar to the other automobile oriented commercial uses located on either side of it and along the Tamiami Trail corridor. These existing uses are compatible with the neighborhood and with the C-3 zoning district intent to “provide an opportunity for comparison shopping” within the trade area. Prepared by: AVID Group Peter Pensa, AICP Director of Planning From: BeardLaurie <lauriebeard@colliergov.net> Sent: Wednesday, July 22, 2015 3:59 PM To: Peter Pensa Subject: LDC Requirements for Pathways Attachments: LDC 6.06.02 Municode.docx Five feet wide sidewalks are required. The payment in lieu option appears to be the only way to opt out of construction but it requires a payment in lieu based upon the project engineers estimate. (C.2) The cost of the sidewalks must be greater than 25% of the development cost improvements. The estimate would include design, permitting, stormwater, construction etc., in the estimate. Please note that in item E that if the PIL amount is not the full amount to construct the sidewalk, then there is still an obligation to construct. Laurie Beard Project Manager 2800 N. Horseshoe Drive Naples, FL 34104 239-252-5782 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 1 6.06.02 - Sidewalks, Bike Lane and Pathway Requirements A. All developments must construct sidewalks, bike lanes, and pathways, as described below: 1. Sidewalks and bike lanes must be constructed within public and private rights-of-way or easements, which are adjacent to the site prior to issuance of the first certificate of occupancy for construction authorized by a final subdivision plat, site improvement, or site development plan, unless otherwise determined by the County Manager or designee, as follows: Typical Cross Section Sidewalks—Both sides1 2 3 Bike Lanes—Both sides1 2 3 6 feet wide 5 feet wide Arterials and collectors X X Local/Internal Accessway X 1 - Except that only required on one side (closest to the development) where right-of-way is adjacent to, but not within, the subject development and except as set forth below in this section. 2 - Unless otherwise determined by the County Manager, or designee, that the existing ROW cross-section is physically constrained or construction would result in unsafe conditions. 3 - Unless otherwise identified on the Collier County Comprehensive Pathways Plan Update, as amended, as a potential off-street pathway corridor. 2. Sidewalks and bike lanes must be constructed within public and private rights-of-way or easements, which are internal to the site, as follows: Typical Cross Section Sidewalks—Both sides1 2 3 4 5 6 Bike Lanes—Both sides1 2 3 4 6 6 feet wide 5 feet wide Arterials and collectors X X Local/Internal Accessway X Page 2 1 - Except that only required on one side (closest to the development) where right-of-way is adjacent to, but not within, the subject development and except as set forth below in this section. 2 - Unless otherwise determined by the County Manager, or designee, that the existing ROW cross-section is physically constrained or construction would result in unsafe conditions. 3 - Except that for residential development projects where 75 percent or more of that project's land area has been approved as of March 8, 2005 for site development plans or final subdivision plats with sidewalks or bike lanes that are only required on one side of the ROW, then all applications for subsequent site development plans or final subdivision plat may be approved with sidewalks or bike lanes on only one side of the ROW. 4 - For development projects seeking approval of a final subdivision plat or site development plan of 4 or fewer dwelling units per gross acre and where 15 or fewer dwelling units front on a ROW that terminates in a cul-de-sac, then sidewalks will only be required on one side of the ROW and not around the circumference of the cul-de-sac. 5 - Prior to the issuance of individual certificates of occupancy, the required sidewalks along the individual parcels frontage shall be constructed. 6 - Prior to the issuance of 75 percent of the certificates of occupancy authorized by a final subdivision plat, site improvement or site development plan, all sidewalks and bike lanes shall be constructed, unless otherwise determined by the County Manager or designee. 3. Required pathways, as identified in the Collier County Comprehensive Pathways Plan, must be constructed a minimum of 12 feet in width, within public and private rights-of-way or easements, which are adjacent to or internal to the site. Prior to issuance of the first permanent certificate of occupancy for construction, authorized by a final subdivision plat, site improvement, or site development plan, all required pathways shall be provided, unless otherwise determined by the County Manager or designee. 4. For single-family and multi-family site development and site improvement projects within all conventional zoning districts and all single-family and multi-family residential components of PUD districts: a. Sidewalks, Five feet in width, must be provided within a dedicated public or private right- of-way or other internal access. Where there is no public or private right-of-way or internal access way proposed within a development, sidewalks must be constructed in accordance with Code standards contained herein to connect from each on-site residential building to a sidewalk within an adjacent private or public right-of-way or, if no sidewalk exists therein, must connect to the edge of the adjacent paved road within the right-of- way. b. Alternative sidewalk designs that are determined by the County Manager, or designee, to be at least equivalent in function and area to that which would otherwise be required and would serve each dwelling unit, may be approved. Should a two-directional shared use pathway be proposed as an alternative design, then the minimum paved width of the pathway must not be less than 10 feet. 5. All sidewalks and bike lanes must also be constructed in accordance with design specifications identified in subsection F., below. 6. All bicycle lanes must also have signage and be marked in accordance with the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. 7. Sidewalks and bike paths at intersections shall continue to the edge of curb as depicted by Illustrations 1 and 2. Page 3 Illustration 1 Page 4 Illustration 2 Page 5 8. Two curb ramps shall be provided for sidewalks and bike paths at each street corner of an intersection. Curb ramps shall be a minimum of 36 inches in width and shall not rise at a ratio greater than as outlined by the Florida accessibility code for building construction. 9. Crosswalks shall be required at any intersection where the distance to the nearest crosswalk is greater than 1,000 feet. B. All developments required to provide interconnections to existing and future developments must dedicate sufficient right-of-way or easement for all required roads, sidewalks, and bike lanes. Bike lanes and sidewalks interconnections must be constructed concurrently with the required road interconnection. C. Payment-in-lieu of construction or construction at an alternate site, as set forth below, may be authorized or required as part of any corresponding development order or permit, at the discretion of the County manager or designee, for any or all of the following circumstances: 1. Where planned right-of-way improvements are scheduled in the County's capital improvements program (CIP), any governmental entity's adopted five-year work program, or any developer's written commitment approved by the County. 2. The cost of proposed sidewalks or bike lanes would be greater than 25 percent of the development's cost of improvements as determined by the project engineer's estimate approved by the County Manager, or designee, or 3. An existing development has not been constructed with sidewalks or bike lanes and no future connectivity of one or more of these facilities is anticipated by the Comprehensive Pathways Plan or within the Plan's current five-year work program. D. In lieu of construction of required sidewalks, bike lanes and pathways, all developments approved or required to make payments-in-lieu must either: 1. Provide funds for the cost of sidewalks, bike lanes and pathways construction prior to the release of the corresponding development review for final subdivision plat, site improvement, or site development plan, except as stipulated within an approved zoning ordinance or resolution as set forth in the Schedule of Development of Review and Building Permit Fees adopted in the Collier County Administrative Code into a Pathway fund or identified CIP project; or 2. Identify and commit to constructing a project with an equivalent length of sidewalk in an area identified in the Needs Plan of the Comprehensive Pathway Plan and approved by the County Manager or designee. The selected project must connect to an existing sidewalk on at least one side and if the remaining side does not connect with an existing sidewalk, it must be connected to the edge of the existing pavement. The construction of the sidewalk must be completed prior to issuance of the first certificate of occupancy for construction authorized by a final subdivision plat, site improvement, or site development plan, unless otherwise determined by the County Manager or designee. E. If payment-in-lieu is the recommendation by the County Manager or designee, such funds will be used by the County for future construction of required sidewalks, bike lanes and pathways, and system improvements to the bicycle and pedestrian network at locations as close in proximity to the subject site as is feasible. Funds provided as payments-in-lieu do not release the developer from meeting these requirements if the payment-in-lieu amount is less than what would otherwise be required to completely construct all of the required sidewalks, bike lanes and pathways. In that event, the development will continue to be obligated to pay or construct the outstanding requirements until fully paid or constructed, except that partial payments previously made will fully vest that portion paid. Any future payments-in-lieu will be applied to the developer's continuing obligation to construct sidewalks, bike lanes and pathways under the current LDC specifications. F. Sidewalk, Bike Lane, and Pathway Design & Construction/Materials. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest Page 6 edition of FDOT Standard Specifications for Road and Bridge Construction and FDOT Design Standards. 1. All sidewalks shall be designed and constructed in accordance with the following: a. Concrete sidewalks for roads with a functional classification as an arterial or collector or that is County maintained shall be a minimum of 6 inches thick of concrete and constructed over a compacted subgrade. b. Concrete sidewalks for non-County maintained roads with a functional classification as local or with no functional classification (i.e., drive or accessways) shall be a minimum of 4 inches thick of concrete and constructed over a compacted subgrade. c. Paver brick sidewalks or paver brick accents in sidewalks must be installed over a 4-inch thick, compacted limerock base and sand cushion per manufacture specifications, except as otherwise allowed above for sidewalks. 2. All bike lanes shall be designed and constructed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" or the "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways" (commonly known as the "Florida Greenbook") requirements. 3. All pathways shall be designed in accordance with the most current FDOT Bicycle Facilities Planning and Design Handbook as it pertains to shared use pathways. Below are the preferred standards for pathway construction; however, if the applicant can demonstrate that a lesser cross-section will meet the requirements of the County, then upon the approval of the County Manager, or designee, it may be permitted. Pathways may be constructed of the following types of materials: a. Concrete - County maintained pathways shall be constructed of a minimum of 6 inches of Portland cement concrete over a compacted subgrade. Pathways on non-County maintained roads with a functional classification as local or with no functional classification shall be constructed of a minimum of 4 inches of Portland cement concrete over a compacted subgrade. b. Asphalt - All pathways constructed of asphalt shall contain a minimum of 6 inches stabilized subgrade (LBR 40), 6 inches compacted limerock base, and 1.5 inches Type S- III asphaltic concrete, unless an alternate cross-section is otherwise determined to be acceptable by the County Manager, or designee. (Ord. No. 05-17, § 3; Ord. No. 06-63, § 3.JJ; Ord. No. 12-38, § 3.AA; Ord. No. 13-56, § 3.EE; Ord. No. 14-33, § 3.X) Page 1 6.06.02 - Sidewalks, Bike Lane and Pathway Requirements A. All developments must construct sidewalks, bike lanes, and pathways, as described below: 1. Sidewalks and bike lanes must be constructed within public and private rights-of-way or easements, which are adjacent to the site prior to issuance of the first certificate of occupancy for construction authorized by a final subdivision plat, site improvement, or site development plan, unless otherwise determined by the County Manager or designee, as follows: Typical Cross Section Sidewalks—Both sides1 2 3 Bike Lanes—Both sides1 2 3 6 feet wide 5 feet wide Arterials and collectors X X Local/Internal Accessway X 1 - Except that only required on one side (closest to the development) where right-of-way is adjacent to, but not within, the subject development and except as set forth below in this section. 2 - Unless otherwise determined by the County Manager, or designee, that the existing ROW cross-section is physically constrained or construction would result in unsafe conditions. 3 - Unless otherwise identified on the Collier County Comprehensive Pathways Plan Update, as amended, as a potential off-street pathway corridor. 2. Sidewalks and bike lanes must be constructed within public and private rights-of-way or easements, which are internal to the site, as follows: Typical Cross Section Sidewalks—Both sides1 2 3 4 5 6 Bike Lanes—Both sides1 2 3 4 6 6 feet wide 5 feet wide Arterials and collectors X X Local/Internal Accessway X Page 2 1 - Except that only required on one side (closest to the development) where right-of-way is adjacent to, but not within, the subject development and except as set forth below in this section. 2 - Unless otherwise determined by the County Manager, or designee, that the existing ROW cross-section is physically constrained or construction would result in unsafe conditions. 3 - Except that for residential development projects where 75 percent or more of that project's land area has been approved as of March 8, 2005 for site development plans or final subdivision plats with sidewalks or bike lanes that are only required on one side of the ROW, then all applications for subsequent site development plans or final subdivision plat may be approved with sidewalks or bike lanes on only one side of the ROW. 4 - For development projects seeking approval of a final subdivision plat or site development plan of 4 or fewer dwelling units per gross acre and where 15 or fewer dwelling units front on a ROW that terminates in a cul-de-sac, then sidewalks will only be required on one side of the ROW and not around the circumference of the cul-de-sac. 5 - Prior to the issuance of individual certificates of occupancy, the required sidewalks along the individual parcels frontage shall be constructed. 6 - Prior to the issuance of 75 percent of the certificates of occupancy authorized by a final subdivision plat, site improvement or site development plan, all sidewalks and bike lanes shall be constructed, unless otherwise determined by the County Manager or designee. 3. Required pathways, as identified in the Collier County Comprehensive Pathways Plan, must be constructed a minimum of 12 feet in width, within public and private rights-of-way or easements, which are adjacent to or internal to the site. Prior to issuance of the first permanent certificate of occupancy for construction, authorized by a final subdivision plat, site improvement, or site development plan, all required pathways shall be provided, unless otherwise determined by the County Manager or designee. 4. For single-family and multi-family site development and site improvement projects within all conventional zoning districts and all single-family and multi-family residential components of PUD districts: a. Sidewalks, Five feet in width, must be provided within a dedicated public or private right- of-way or other internal access. Where there is no public or private right-of-way or internal access way proposed within a development, sidewalks must be constructed in accordance with Code standards contained herein to connect from each on-site residential building to a sidewalk within an adjacent private or public right-of-way or, if no sidewalk exists therein, must connect to the edge of the adjacent paved road within the right-of- way. b. Alternative sidewalk designs that are determined by the County Manager, or designee, to be at least equivalent in function and area to that which would otherwise be required and would serve each dwelling unit, may be approved. Should a two-directional shared use pathway be proposed as an alternative design, then the minimum paved width of the pathway must not be less than 10 feet. 5. All sidewalks and bike lanes must also be constructed in accordance with design specifications identified in subsection F., below. 6. All bicycle lanes must also have signage and be marked in accordance with the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. 7. Sidewalks and bike paths at intersections shall continue to the edge of curb as depicted by Illustrations 1 and 2. Page 3 Illustration 1 Page 4 Illustration 2 Page 5 8. Two curb ramps shall be provided for sidewalks and bike paths at each street corner of an intersection. Curb ramps shall be a minimum of 36 inches in width and shall not rise at a ratio greater than as outlined by the Florida accessibility code for building construction. 9. Crosswalks shall be required at any intersection where the distance to the nearest crosswalk is greater than 1,000 feet. B. All developments required to provide interconnections to existing and future developments must dedicate sufficient right-of-way or easement for all required roads, sidewalks, and bike lanes. Bike lanes and sidewalks interconnections must be constructed concurrently with the required road interconnection. C. Payment-in-lieu of construction or construction at an alternate site, as set forth below, may be authorized or required as part of any corresponding development order or permit, at the discretion of the County manager or designee, for any or all of the following circumstances: 1. Where planned right-of-way improvements are scheduled in the County's capital improvements program (CIP), any governmental entity's adopted five-year work program, or any developer's written commitment approved by the County. 2. The cost of proposed sidewalks or bike lanes would be greater than 25 percent of the development's cost of improvements as determined by the project engineer's estimate approved by the County Manager, or designee, or 3. An existing development has not been constructed with sidewalks or bike lanes and no future connectivity of one or more of these facilities is anticipated by the Comprehensive Pathways Plan or within the Plan's current five-year work program. D. In lieu of construction of required sidewalks, bike lanes and pathways, all developments approved or required to make payments-in-lieu must either: 1. Provide funds for the cost of sidewalks, bike lanes and pathways construction prior to the release of the corresponding development review for final subdivision plat, site improvement, or site development plan, except as stipulated within an approved zoning ordinance or resolution as set forth in the Schedule of Development of Review and Building Permit Fees adopted in the Collier County Administrative Code into a Pathway fund or identified CIP project; or 2. Identify and commit to constructing a project with an equivalent length of sidewalk in an area identified in the Needs Plan of the Comprehensive Pathway Plan and approved by the County Manager or designee. The selected project must connect to an existing sidewalk on at least one side and if the remaining side does not connect with an existing sidewalk, it must be connected to the edge of the existing pavement. The construction of the sidewalk must be completed prior to issuance of the first certificate of occupancy for construction authorized by a final subdivision plat, site improvement, or site development plan, unless otherwise determined by the County Manager or designee. E. If payment-in-lieu is the recommendation by the County Manager or designee, such funds will be used by the County for future construction of required sidewalks, bike lanes and pathways, and system improvements to the bicycle and pedestrian network at locations as close in proximity to the subject site as is feasible. Funds provided as payments-in-lieu do not release the developer from meeting these requirements if the payment-in-lieu amount is less than what would otherwise be required to completely construct all of the required sidewalks, bike lanes and pathways. In that event, the development will continue to be obligated to pay or construct the outstanding requirements until fully paid or constructed, except that partial payments previously made will fully vest that portion paid. Any future payments-in-lieu will be applied to the developer's continuing obligation to construct sidewalks, bike lanes and pathways under the current LDC specifications. F. Sidewalk, Bike Lane, and Pathway Design & Construction/Materials. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest Page 6 edition of FDOT Standard Specifications for Road and Bridge Construction and FDOT Design Standards. 1. All sidewalks shall be designed and constructed in accordance with the following: a. Concrete sidewalks for roads with a functional classification as an arterial or collector or that is County maintained shall be a minimum of 6 inches thick of concrete and constructed over a compacted subgrade. b. Concrete sidewalks for non-County maintained roads with a functional classification as local or with no functional classification (i.e., drive or accessways) shall be a minimum of 4 inches thick of concrete and constructed over a compacted subgrade. c. Paver brick sidewalks or paver brick accents in sidewalks must be installed over a 4-inch thick, compacted limerock base and sand cushion per manufacture specifications, except as otherwise allowed above for sidewalks. 2. All bike lanes shall be designed and constructed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" or the "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways" (commonly known as the "Florida Greenbook") requirements. 3. All pathways shall be designed in accordance with the most current FDOT Bicycle Facilities Planning and Design Handbook as it pertains to shared use pathways. Below are the preferred standards for pathway construction; however, if the applicant can demonstrate that a lesser cross-section will meet the requirements of the County, then upon the approval of the County Manager, or designee, it may be permitted. Pathways may be constructed of the following types of materials: a. Concrete - County maintained pathways shall be constructed of a minimum of 6 inches of Portland cement concrete over a compacted subgrade. Pathways on non-County maintained roads with a functional classification as local or with no functional classification shall be constructed of a minimum of 4 inches of Portland cement concrete over a compacted subgrade. b. Asphalt - All pathways constructed of asphalt shall contain a minimum of 6 inches stabilized subgrade (LBR 40), 6 inches compacted limerock base, and 1.5 inches Type S- III asphaltic concrete, unless an alternate cross-section is otherwise determined to be acceptable by the County Manager, or designee. (Ord. No. 05-17, § 3; Ord. No. 06-63, § 3.JJ; Ord. No. 12-38, § 3.AA; Ord. No. 13-56, § 3.EE; Ord. No. 14-33, § 3.X) FUTURE CROSS-ACCESS PROPOSED 1-STORY BUILDING 8,000 SF STORMWA TERMANAG EM EN TAREAS ZONING C-3 FLU UC ZONING RSF-4 FLU UC ZONING C-3 FLU UC R1-1 STOP SIGN W/ 2' STOP BAR LINE OF SIGHT TYP ZONING C-3 FLU UR 95'± EXISTING SINGLE FAMILY HOUSE PROPOSED 5' SIDEWALK EXISTING SIDEWALK PROPOSED DUMPSTER PAD LOCATION STO RMW A TERMANAGEMENTARE AS PROPERTY LINE EXISTING ACCESS TO BE CLOSED ZONING MH FLU UC ZONING C-3 FLU UC95'± PROPOSED SIDEWALK 10' TYPE D LANDSCAPE BUFFER W/ FENCE OR WALL PER CODE 10' TYPE D LANDSCAPE BUFFER 10' TYPE D LANDSCAPE BUFFER 10' TYPE A LANDSCAPE BUFFER 10' TYPE D LANDSCAPE BUFFER W/ FENCE OR WALL PER CODE 15' COUNTY UTILITY EASEMENT SITE DATA PROPOSED COMMERCIAL - AUTO PARTS STORE (AUTO AND HOME SUPPLY STORES (SIC# 55317)) EXISTING: COMMERCIAL - RETAIL SERVICES MISCELLANEOUS (SIC# 7629-7631, 7699) FORMERLY A CONVENIENCE STORE W/GAS PUMPS (GASOLINE SERVICE STATIONS (SIC# 5541)) 3608 TAMIAMI TRAIL E NAPLES, FL 34112 FRONT:50% OF BLDG HT NOT LESS THAN 25 FT SIDE:50% OF BLDG HT NOT LESS THAN 15 FT REAR:50% OF BLDG HT NOT LESS THAN 15 FT C-3 (COMMERCIAL INTERMEDIATE DISTRICT) SCHERER, WILLIAM C. AND IRENE K. 19218 EASTWOOD DRIVE HARPER WOODS, MICHIGAN 48225 STANDARD PARKING SPACES = 30 HC SPACES = 2 TOTAL PARKING SPACES = 32 1 PARKING SPACE PER 250 SF OF FLOOR AREA 8,000 SF/250 SF = 32 SPACES REQUIRED HC SPACES REQUIRED: 2 STANDARD STALL SIZE = 9' x 18' HC STALL SIZE = 12' x 18' BUILDING SETBACK REQUIREMENTS: PARKING (PROPOSED):PARKING (REQUIRED): PROPERTY USE: PROPERTY LOCATION: ZONING: PROPERTY OWNER: LOTS 12, 13, 14, 15, 16, 17 AND 18, BLOCK A, SOUTH TAMIAMI HEIGHTS, AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION: 74410400006, 74410380003, 74410360007 PARCEL NUMBER: TAMIAMI TRAIL: 15 FT TYPE "D" SEMINOLE AVE:10 FT TYPE "D" TAMIAMI LANE :10 FT TYPE "D" NW (COMMERCIAL):10 FT TYPE "A" LANDSCAPE BUFFER REQUIREMENTS: URBAN MIXED USE DISTRICT FUTURE LAND USE: 22'-4" +/- (50' ALLOWED) PROPOSED BUILDING HEIGHT: UC (URBAN COASTAL FRINGE SUBDISTRICT) GROUPR CIVIL ENGINEERING LAND PLANNING TRAFFIC/TRANSPORTATION SURVEYING GIS 2300 CURLEW ROAD STE 201 PALM HARBOR, FLORIDA 34683 PHONE (727) 789-9500 AVIDGROUP.COM K:\PROJECTS\300\319018\DWG\CURRENT\PLANNING\319018-SITE PLAN 8.5 X 11.DWG, mm/10/2017 O'REILLY @ US 41 & SEMINOLE AVE. CONCEPTUAL SITE PLAN COLLIER COUNTY, FLORIDA revised 5/10/17 EPIC RETAIL 41 SEMINOLE, LLC PROPERTY DEVELOPER: SEMINOLE AV E TA MIA MI T R L E TA MIA MI L N 1400: Commercial and Ser vices 1210: Medium Density, Fixed Single Family Units 8140: Roads and Highways 1411: Shopping Centers³ COLLIER COUNTY FLUCCS / Aerial Exhibit EXHIBIT-NO Legend Site Parcels FLUCCS AERIAL DATE: 2015GIS DATA SOURCE: 4/2016 COLLIER COUNTY, FDOR, SFWMD, FGDL, ESRI & OTHERS The sole purpose of this drawing is to illustrate the approximate dimensions and layout of the demised premises. No other warranty or representation, expressed or implied, is made with respect to the illustration. All quantities are estimated. 3608 Tamiami Trail ENaples, F L 34112Epic Retail 41 Seminole, LLC 1 CIVIL ENGINEERINGLAND PLANNINGTRAFFIC/TRANSPORTATIONLANDSCAPE ARCHITECTUREENVIRONMENTAL SCIENCESSURVEYINGGIS 2300 CURLEW ROAD, STE 201PALM HARBOR FLORIDA34683 PHONE (727) 789-9500FAX (727) 784-6662AVIDGROUP.COM 1 inch = 60 feet 0 60 12030Feet PHASE I ENVIRONMENTAL SITE ASSESSMENT July 24, 2015 COMMERCIAL PARCELS (Former 7-11 Store #23078) 3608 East Tamiami Trail Naples, Collier County, Florida ATLAS Project #15107 Prepared For: Epic Retail 41 Seminole, LLC 907 South Ft. Harrison Avenue, #102 Clearwater, FL 33756 ATLAS ATL ASSESSMENT SERVICES, INC. 209 Turner Street, Clearwater, FL 33756 (727)480-6786 ATLAS ATL ASSESSMENT SERVICES, INC. 209 Turner Street Clearwater, FL 33756 (727)480-6786 darrin@atlasconsulting.net July 24, 2015 Project #15107 Mr. Andrew Hupp Epic Retail 41 Seminole, LLC 907 South Ft. Harrison Avenue, #102 Clearwater, FL 33756 RE: COMMERCIAL PARCELS (Former 7-11 Store #23078) 3608 East Tamiami Trail Naples, Collier County, Florida Dear Mr. Hupp: Pursuant to your request and agreement, ATL Assessment Services, Inc. (ATLAS) is pleased to present you with this Phase I Environmental Site Assessment for the above referenced property. We would like to take this opportunity to thank you for selecting ATLAS to assist you with this project. This report has been prepared for the sole and exclusive use of Epic Retail 41 Seminole, LLC, and their successors and assigns. Reliance on the findings contained in this report by other parties is at the sole risk of such parties unless prior written approval is obtained from ATLAS. As always, should you have any further questions please feel free to contact us at your convenience. Respectfully submitted, ATL Assessment Services, Inc. Darrin T. McAllister, P.G. President Certified Environmental Inspector (EAA) TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY ........................................................................................................................... 1 2.0 INTRODUCTION ..................................................................................................................................... 5 2.1 PURPOSE ..................................................................................................................................................... 5 2.2 DETAILED SCOPE OF SERVICES .......................................................................................................................... 5 2.3 SIGNIFICANT ASSUMPTIONS ............................................................................................................................ 6 2.4 LIMITATIONS AND EXCEPTIONS ........................................................................................................................ 6 2.5 SPECIAL TERMS AND CONDITIONS .................................................................................................................... 6 2.6 USER RELIANCE ............................................................................................................................................. 6 3.0 SITE DESCRIPTION .................................................................................................................................. 6 3.1 LOCATION AND LEGAL DESCRIPTION.................................................................................................................. 6 3.2 SITE AND VICINITY CHARACTERISTICS................................................................................................................. 7 3.4 DESCRIPTION OF STRUCTURES, ROADS, OTHER IMPROVEMENTS ON THE SITE ............................................................ 7 3.5 CURRENT USES OF ADJOINING PROPERTIES ........................................................................................................ 7 4.0 USER PROVIDED INFORMATION ............................................................................................................ 8 4.1 TITLE RECORDS ............................................................................................................................................. 8 4.2 ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS .................................................................................. 8 4.3 SPECIALIZED KNOWLEDGE ............................................................................................................................... 8 4.4 COMMONLY KNOWN OR REASONABLY ASCERTAINABLE INFORMATION .................................................................... 8 4.5 VALUATION REDUCTION FOR ENVIRONMENTAL ISSUES ......................................................................................... 8 4.6 OWNER, PROPERTY MANAGER, AND OCCUPANT INFORMATION............................................................................. 9 4.7 REASON FOR PERFORMING PHASE I .................................................................................................................. 9 4.8 OTHER ........................................................................................................................................................ 9 5.0 REGULATORY RECORDS REVIEW & HISTORIC SITE INFORMATION ......................................................... 9 5.1 STANDARD ENVIRONMENTAL RECORD SOURCES .................................................................................................. 9 5.2 ADDITIONAL ENVIRONMENTAL RECORD SOURCES .............................................................................................. 11 5.3 PHYSICAL SETTING SOURCES .......................................................................................................................... 12 5.3.1 Area Geological and Hydrogeological Characteristics .................................................................. 12 5.3.2 Area Topographic Characteristics ................................................................................................. 12 5.4 HISTORICAL USE INFORMATION ON THE PROPERTY ............................................................................................ 12 5.5 HISTORICAL USE INFORMATION ON ADJOINING PROPERTIES ................................................................................ 13 6.0 SITE RECONNAISSANCE ........................................................................................................................ 13 6.1 METHODOLOGY AND LIMITING CONDITIONS ..................................................................................................... 13 6.2 GENERAL SITE SETTING ................................................................................................................................ 13 6.3 DESCRIPTION OF SITE PROCESSES ................................................................................................................... 14 6.4 EXTERIOR OBSERVATIONS ............................................................................................................................. 14 6.5 INTERIOR OBSERVATIONS .............................................................................................................................. 15 7.0 INTERVIEWS ......................................................................................................................................... 16 7.1 INTERVIEW WITH OWNER ............................................................................................................................. 16 7.2 INTERVIEW WITH SITE MANAGER ................................................................................................................... 16 7.3 INTERVIEW WITH OCCUPANTS........................................................................................................................ 16 7.4 INTERVIEW WITH LOCAL GOVERNMENT OFFICIALS ............................................................................................. 16 7.5 INTERVIEW WITH OTHERS ............................................................................................................................. 16 8.0 FINDINGS ............................................................................................................................................. 17 9.0 OPINIONS ............................................................................................................................................ 17 10.0 CONCLUSIONS ................................................................................................................................. 17 11.0 DEVIATIONS .................................................................................................................................... 18 12.0 REFERENCES .................................................................................................................................... 19 13.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONALS ....................................................................... 21 14.0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS ................................................................ 22 15.0 APPENDICES 15.1 Site Location Map 15.2 Site Layout 15.3 Site Photographs 15.4 Historical Research Documentation 16.4.1 Aerial Photograph 16.4.2 Topographic Map 16.4.3 Sanborn Fire Insurance Map 15.5 Regulatory Records Documentation 15.6 Special Contractual Conditions 15.7 Property Appraiser Information 15.8 ASTM 1527-13 User Questionnaire 15.9 Chain of Title Information ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 1 1.0 EXECUTIVE SUMMARY ATL Assessment Services, Inc. (ATLAS) was authorized to complete a Phase I Environmental Site Assessment for the Commercial Parcels located at 3608 East Tamiami Trail in the city of Naples, Collier County, Florida , and having the legal description as detailed in Section 3.1, hereinafter referred to as “the subject site” and “the site”. Reasonable and prudent investigations have been conducted on the site to determine whether there is reason to suspect current or historical environmental impairment at the site, or from adjacent properties. ATLAS’s Phase I Environmental Site Assessment was performed in general accordance with the American Society for Testing and Materials ASTM E 1527-13 Standards for Phase I Environmental Site Assessments, and 40 C.F.R. Part 312.20, Final All Appropriate Inquiries Standard. FINDINGS The following summary of findings is not intended to be all inclusive. The report should be read in its entirety prior to relying on the findings described below. SITE DESCRIPTION AND USE According to the Collier County Property Appraiser database, the site consists of three (3) contiguous parcels of commercial property totaling approximately 1.25 ± acres in area (parcel numbers 74410380003, 74410400006, and 74410360007). The site is currently developed with a vacant former gas station/convenience store including a single-story building (2,460 square feet), asphalt driveways and parking areas, vacant/undeveloped land, and landscaped beds. The site is bordered on the north by E. Tamiami Trail and a shopping center, on the west by a Discount Auto Parts store, on the south by residential development (single family homes), and on the east by a Tires Plus auto service center. The subject parcels were vacant and not in use at the time of this assessment. SITE HISTORY Research into the historical use of the site included a review of available city directories, Sanborn Fire Insurance maps, historical aerial photographs, and historical topographic maps for the site and surrounding properties. Site history was investigated back to the earliest available records (1951) and revealed that the site was undeveloped and vacant until approximately 1982 when the site was developed in its current configuration (gas station/convenience store). The gas station closed in 1989 ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 2 and the site was subsequently used as a flower store until 2011. No other past uses of the subject property were discovered during completion of this assessment. A release of petroleum was reported at the subject site in October 1987. Subsequent assessment activities resulted in the removal of the underground fuel storage tanks, associated underground piping, and petroleum impacted soil. Groundwater monitoring results indicated a localized "plume" of petroleum impacted groundwater in the vicinity of the former UST vault. The FDEP accepted the site into the Early Detection Incentive (EDI) program in January 1988 and provided funding assistance for subsequent groundwater monitoring activities. After two years of groundwater monitoring under the direction of the FDEP, the site was granted No Further Action (NFA) status in accordance with FAC Chapter 62-770 in June 1995. A copy of the Discharge Reporting Form (DRF), the acceptance letter for the EDI program, and the NFA order are included in Appendix 15.5 of this report. REGULATORY FILE REVIEW The subject site was listed on the State UST and LUST databases reviewed as part of this assessment. The listings are summarized as follows:  State UST - three (3) 12,000-gallon capacity gasoline USTs were installed at the subject site in 1982. The USTs were subsequently excavated and removed from the site in October 1989. According to the FDEP database, there are no USTs located on the subject site at this time.  State LUST - a discharge of unleaded gasoline was reported at the site in October 1987. The site was accepted into the FDEP-administered EDI program in January 1988. Subsequent groundwater monitoring revealed the extent of impacted groundwater was limited to the area of the former UST vault and remained within property boundaries. After two years of groundwater monitoring, the site was granted No Further Action (NFA) status in June 1995. According to the FDEP database, there are no outstanding soil or groundwater impacts at the subject site as a result of the former UST system. ADJOINING PROPERTIES Nearby facilities identified during the database review were deemed unlikely to be adversely impacting the subject site at this time. ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 3 INTERVIEWS The current owner of the subject site (William Scherer) was interviewed as part of this assessment. Mr. Scherer stated that he has owned the subject site since it was first developed in 1982, and the only uses of the property have been the former 7-11 gas station/convenience store, and the flower store. He further stated he was not aware of any current or past conditions at the property that would warrant additional environmental investigation, with the exception of the well-documented petroleum impacts related to the former gas station. SITE INSPECTION A walk-through site inspection was completed on July 18, 2015 and consisted of the visual observation of accessible areas inside and outside the subject building, a walking inspection of the entire property, and visual observation of adjoining and surrounding properties. The site inspection did not reveal conditions on the subject site or surrounding properties that would warrant additional environmental investigation at this time. CONCLUSIONS We have performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 for the Commercial Parcels located at 3608 East Tamiami Trail in Naples, Collier County, Florida. Based on the scope of services, limitations, and findings of this assessment, ATLAS identified the following environmental concerns: RECOGNIZED ENVIRONMENTAL CONDITIONS (RECs) ASTM E1527-13 defines a recognized environmental condition as “the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property due to release to the environment; under conditions indicative of a release to the environment, or under conditions that pose a material threat of future release. De minimis conditions are not recognized environmental conditions". Based on the historical research, property usage (both past and present) and the visual site inspection conducted, this assessment has revealed no evidence of recognized environmental conditions (RECs) in connection with the subject site . CONTROLLED RECs (CRECs) A "controlled environmental condition" (CREC) describes a condition where previous releases to the environment have undergone risk-based assessment and ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 4 closure, and contaminants are allowed to remain in place under certain conditions (i.e. deed restrictions, engineering and/or institutional controls). This assessment has revealed no evidence of controlled recognized environmental conditions (CRECs) in connection with the subject site. HISTORICAL RECs (HRECs) A "historical environmental condition" (HREC) describes a conditions where a previous release to the environment has been assessed and remediated to the point where the site is suitable for "unrestricted residential use". This assessment has revealed no evidence of historical recognized environmental conditions (HRECs) in connection with the subject site, except the following:  A petroleum discharge was reported at this location in October 1987.  The site was accepted into the FDEP-administered EDI program in January 1988.  Subsequent assessment and monitoring concluded with a "No Further Action" (NFA) being granted in June 1995 in accordance with FAC Chapter 62-770.600(5).  According to the provisions of FAC Chapter 62-770 and the most recent data available from the FDEP, the subject site is no longer subject to petroleum cleanup enforcement and is suitable for unrestricted residential use. RECOMMENDATIONS Based on the scope of services, limitations, and findings of this assessment , ATLAS recommends no further environmental assessment activities at the subject site at this time. ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 5 2.0 INTRODUCTION ATL Assessment Services, Inc. (ATLAS) was authorized to complete a Phase I Environmental Site Assessment for the Commercial Parcels located at 3608 East Tamiami Trail in the city of Naples, Collier County, Florida, and having the legal description as detailed in Section 3.1, hereinafter referred to as “the subject site” and “the site”. 2.1 Purpose The purpose of this investigation was to determine whether there is reason to suspect current or historical environmental impairment at the site, or from adjacent properties, due to the pending transfer and/or finance of the property. The Phase I Environmental Site Assessment is intended to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (landowner liability protections) pursuant to the USEPA’s All Appropriate Inquiry (AAI). 2.2 Detailed Scope of Services The Scope of Services completed for this assessment were in general accordance with those prescribed in the American Society for Testing and Materials (ASTM) Practice E 1527-13, and consisted of:  A site inspection and investigation for the purpose of identifying apparent visual evidence of hazardous materials and hazardous wastes and non-compliance with environmental regulations.  A historical review of available city directories, aerial photographs, Sanborn fire insurance maps, and topographic maps to determine current and past uses of the site and surrounding properties.  A review of title and environmental lien records to determine historical site ownership and usage (if requested by client).  A review of regulatory records to determine the use of, disposal of, or improper handling of hazardous materials, hazardous wastes, or other regulated materials at the site and surrounding properties.  Discussions with individuals familiar with the site and its surrounding properties.  A review of area topographic and geologic maps to identify potential contaminant migration pathways (including vapor migration). ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 6 2.3 Significant Assumptions The information in this report has been compiled from sources believed to be reliable. However, we cannot guarantee the accuracy of information supplied by others. The inspector has visually assessed the subject property, both the land and improvements thereon, if any. It is impossible to personally observe conditions that may exist below the surface or that may be hidden within the structure of t he improvements. Therefore, no representations are made regarding such matters unless they are specifically considered in this report. 2.4 Limitations and Exceptions No testing of the soil, groundwater, building materials, PCBs, lead-based paint, mold, or radon was performed as part of this assessment. 2.5 Special Terms and Conditions No special Terms and Conditions were agreed upon or performed for this assessment. Qualifications and Clarifications for this assessment are listed in Appendix 16.7. 2.6 User Reliance This document has been prepared on the cover page of this report. It is also intended for use by the party(ies) that the listed entity has contracted with to provide this report to, provided those parties are revealed to and accepte d by ATLAS. No other entity may rely on this report or the data within without written consent of ATLAS. 3.0 SITE DESCRIPTION 3.1 Location and Legal Description Location: 3608 East Tamiami Trail, Naples, Collier County, Florida FDEP ID #: 8518177 Parcel ID: 74410380003, 74410400006, and 74410360007 Short Legal: South Tamiami HGTS BLK A LOTS 13, 14, and 15 South Tamiami HGTS BLK A LOTS 16, 17, and 18 South Tamiami GHTS BLK A LOT 12 Coordinates (approx): N 26o 7.255' W 81o 45.670' ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 7 Zoning/Land Use: Vacant Commercial/One Story Store Year Constructed: 1982 3.2 Site and Vicinity Characteristics The subject site is currently developed with a vacant convenience store/gas station with surrounding asphalt driveways, parking areas, landscaped bed s, and vacant/undeveloped land. Development in the vicinity of the site consists of moderately-dense commercial use (shopping center, stand-alone retail buildings) and residential. No industrial properties were observed in the immediate vicinity of the subject site. The properties and facilities adjacent to the site include: Direction Adjacent Property North E. Tamiami Trail, then Naples Town Center (shopping center) with Bealls, Save-A-Lot, Radio Shack, Dollar Tree, etc. South Single-family residential development. East Tires Plus auto service center, then residential. West Discount Auto Parts store, restaurant, vacant commercial land. 3.3 Current Uses of the Property The property is currently vacant with no indication of recent use. 3.4 Description of Structures, Roads, Other Improvements on the Site The site is currently developed with a single-story building (approx. 2,460 square feet) and is surrounded on the south and east sides by asphalt driveways and parking areas. A small solid waste container enclosure is located on the west side of the building. The remainder of the property is vacant and undeveloped (grass, trees, and bare ground). Ingress/egress to the site is accomplished via paved driveways connecting East Tamiami Trail and Seminole Avenue. A dirt driveway provided access from the south-adjacent Tamiami Lane behind the subject building. 3.5 Current Uses of Adjoining Properties The current uses of adjoining properties include an auto parts store, a tire and auto service business, a shopping center, and residential development. A list of adjoining properties is provided in Section 3.2. ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 8 4.0 USER PROVIDED INFORMATION 4.1 Title Records A 50-year chain-of-title search was not requested by the client or completed as part of this assessment. The lack of historical ownership records may be considered a “data gap” with regard to the ASTM 1527-13 standard practice. It is not anticipated that a title search would have identified past owners or uses of the subject site that would warrant additional environmental investigation or assessment. 4.2 Environmental Liens or Activity and Use Limitations No environmental liens were discovered during standard historical research or otherwise provided by the "user" during completion of this assessment. No Activity and/or Use Limitations were discovered or otherwise provided by the "user" during completion of this assessment. 4.3 Specialized Knowledge Mr. Andrew Hupp was identified as the “user” of the Phase I ESA and he completed and returned a “User Questionnaire” as part of this assessment. To the best of his knowledge, 7-11 and the flower store have been the only occupants and/or users of the subject site since it was first developed in 1982. Mr Hupp was aware of the historic petroleum release (and subsequent NFA) at the property. No other specialized knowledge regarding the current or past use of the subject site was provided by the client and current owners during the completion of this assessment . 4.4 Commonly Known or Reasonably Ascertainable Information There is no additional information that is commonly known or reasonable ascertainable concerning recognized environmental conditions associated with the subject site that was expressed by the "user" or otherwise encountered during the assessment. 4.5 Valuation Reduction for Environmental Issues No environmental issues were discovered during completion of this assessment that would typically result in a valuation reduction of the subject site. ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 9 4.6 Owner, Property Manager, and Occupant Information The current owner of the subject site is listed in the Collier County Property Appraiser's database as William & Irene Scherer of Naples, Florida. The site is currently vacant and therefore no property manager(s) or occupants were identified or provided by the client during completion of this assessment. 4.7 Reason for Performing Phase I The Phase I Environmental Site Assessment is being performed for the purpose of the potential future transfer and/or finance of the property and to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (landowner liability protections). 4.8 Other No other information regarding past or current environ mental conditions at the subject site was provided to ATLAS during completion of this assessment. 5.0 REGULATORY RECORDS REVIEW & HISTORIC SITE INFORMATION 5.1 Standard Environmental Record Sources A search of regulatory records and lists was conducted to determine whether the site or any adjacent properties are listed as hazardous waste generators, landfill sites, Superfund sites, underground storage tank locations, violators of regulatory statutes, locations of hazardous materials spills, etc., within the radii specified by the ASTM Standards. The lists reviewed in this investigation and the search radii utiliz ed as outlined in ASTM E 1527-13 are as follows: ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 10 DATABASE LIST SEARCH DISTANCE National Priorities List (NPL) sites 1 Mile Delisted NPL sites 1 Mile Proposed NPL sites 1 Mile Comprehensive Environmental Response, Compensation and Liability Act Index System List (CERCLIS) ½ Mile CERCLIS No Further Remedial Action Planned Sites (NFRAP) ½ Mile Corrective Action Report (CORRACTS) 1 Mile Resource Conservation and Recovery Act Index System List (RCRA) Transportation, Storage, and Disposal Facilities (TSD) ½ Mile RCRA Large Quantity Generators (LQG) ¼ Mile RCRA Small Quantity Generators (SQG) ¼ Mile Emergency Response Notifications System (ERNS) Target Property Federal Engineering Controls Site List ½ Mile Federal Institutional Controls Site List ½ Mile Brownfield Redevelopment Areas ½ Mile STATE/LOCAL/TRIBAL Solid Waste Facilities & Landfills (SWAF/LF) ½ Mile Leaking Underground Storage Tanks List (LUST) ½ Mile Registered Aboveground/Underground Storage Tanks List (AST/UST) ¼ Mile Florida Voluntary Cleanup Program (VCP) ½ Mile Florida State Equivalent CERCLIS Sites (FL SITES) 1 Mile Florida State Equivalent ERNS Incidents (SPILLS) Target Property Florida State Engineering Controls Site List ½ Mile Florida State Equivalent Institutional Controls Site List ½ Mile Brownfield Redevelopment Areas ½ Mile Florida Registered Dry Cleaners/Dry Cleaning Sites ¼ Mile EDR US Historical Auto Stations ¼ Mile EDR US Historical Cleaners ¼ Mile SUBJECT SITE The subject site was identified on the following databases reviewed as part of this assessment:  State UST - three (3) 12,000-gallon capacity gasoline USTs were installed at the subject site in 1982. The USTs were subsequently excavated and removed from the site in October 1989. According to the FDEP database, there are no USTs located on the subject site at this time.  State LUST - a discharge of unleaded gasoline was reported at th e site in October 1987. The site was accepted into the FDEP-administered EDI program in January 1988. Subsequent groundwater monitoring revealed the extent of impacted groundwater was limited to the area of the former UST vault and remained within property boundaries. After two years of ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 11 groundwater monitoring, the site was granted No Further Action (NFA) status in June 1995. According to the FDEP database, there are no outstanding soil or groundwater impacts at the subject site as a result of the former UST system. SURROUNDING SITES The east adjoining Tires Plus auto service center was listed on the state UST and LUST databases in response to a used-oil UST formerly located on the site. A summary of the listing is as follows:  Facility ID #8626687  One 550-gallon capacity used-oil UST installed in 1986, removed in 1988.  Discharge reported to soil (no groundwater impacts) in 1988 as a result of removal and closure assessment.  Site accepted into FDEP-administered EDI program and assigned a cleanup priority score of 9 (out of a possible 100).  Impacted soil restricted to within property boundaries, no groundwater impacts reported.  Site granted No Further Action (NFA) status in June 2014. Based on the limited area of impact, lack of impacted groundwater, and NFA status, this site does not appear to pose an environmental threat to the subject site at this time, and is therefore not considered to be a REC with regard to the subject site. Remaining identified sites in the vicinity of the subject site (within a 1/4-mile radius) were researched and not found to pose a significant environmental threat to the subject site at this time. Due to the distance removed from the subject site and recorded information, the remaining locations present on the databases are not expected to adversely impact the subject site at this time. 5.2 Additional Environmental Record Sources Additional environmental record sources were obtained and reviewed for this assessment as follows:  FDEP-maintained OCULUS database.  Historical City Directories provided by EDR, Inc.  Historical USGS Topographic Maps provided by EDR, Inc.  Historical Sanborn Fire Insurance Maps provided by EDR, Inc.  Historical aerial photographs provided by EDR, Inc. ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 12 5.3 Physical Setting Sources Physical setting sources utilized for this assessment included the available 7.5 Minute Topographic Map for Naples South, Florida Quadrangle, various geological maps of the subject area, available Sanborn Fire Insurance Maps, water well maps, and hydrogeological information. 5.3.1 Area Geological and Hydrogeological Characteristics Surficial geology in the area of the site is anticipated to consist of unconsolidated Holocene age sediments consisting of quartz and carbonate sands with varying amounts of organic silts and clays. Where these surficial sediments appear in sufficient thickness, the Surficial aquifer may be present. It is anticipated that the Surficial aquifer is present beneath the subject site and may be up to 100 feet thick, however no direct measurements were made for verification. The presence of the Surficial aquifer is significant because it would be the principle aquifer affected by discharges from the surface and would allow for the movement of affected groundwater either away from, or onto, the subject site. 5.3.2 Area Topographic Characteristics The subject site is located on relatively flat ground with an approximate elevation of 5 feet above sea level (USGS Topographic Map, Naples South, Florida Quadrangle). Elevations appear to decrease gently toward the east. According to available maps, the subject site is located within the 100-year flood zone and is not identified as containing wetland areas as designated by the National Wetland Inventory (Naples South NWI Quad). 5.4 Historical Use Information on the Property The historical uses of the subject site were researched through the review of available city directories, aerial photography, historical topographic maps, building plans, and Sanborn fire insurance maps. The objective of the historical review was to develop a history of past uses of the subject site that may be considered RECs. The historical use research for this site revealed the following: ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 13 DATES LAND USE INFORMATION SOURCE 1951-1982 Vacant/Undeveloped Aerial Photos/Property Appraiser 1982-2011 Gas station/C-Store/flower shop Aerial Photos/City Directories/Appraiser 2011-2015 Vacant City directories 5.5 Historical Use Information on Adjoining Properties Historical uses of adjoining properties were researched in an effort to identify past uses that may be considered RECs with regard to the subject site. This research was conducted using the same standard historical sources noted above and revealed the following: DATES DIRECTION LAND USE INFORMATION SOURCE 1951-1973 North Vacant/undeveloped aerials/city directories 1974-1978 construction of shopping center aerials 1979-present Shopping Center Completed aerials/city directories 1951-1968 South Vacant/undeveloped aerials/city directories 1969-2015 Existing residential aerials/city directories/appraiser 1951-1982 East Vacant/undeveloped aerials/city directories 1983-2015 Existing commercial building aerials/city directories/appraiser 1951-1983 West Vacant/undeveloped aerials/city directories 1983-2015 Existing commercial building aerals/city directories/appraiser 6.0 SITE RECONNAISSANCE A site investigation was performed on July 18, 2015 to visually assess the potential for site contamination and the existence of hazardous/toxic materials and/or hazardous wastes. 6.1 Methodology and Limiting Conditions No limiting conditions were encountered during completion of this assessment. The site reconnaissance methodology included a n unaccompanied walk-through inspection of the site building and the surrounding properties. 6.2 General Site Setting The subject site is located in southwest Florida (Collier County) and fronts the northwest/southeast commercial corridor along East Tamiami Trail. The area of the ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 14 site is characterized by moderately-dense commercial development to the north, east, and west, and residential development to the south (away from East Tamaimi Trail). According to the Collier County Property Appraiser database, the site consists of three (3) contiguous parcels of commercial land totaling approximately 1.25± acres in area (parcel numbers 74410380003, 74410400006, and 74410360007). The subject site is currently developed with a vacant gas station/convenience store and surrounding asphalt driveways and parking areas. 6.3 Description of Site Processes The site is currently vacant and no site processes were observed during the site inspection. 6.4 Exterior Observations An inspection was performed of the exterior areas of the subject site to obtain information which may indicate the presence of recognized environmental conditions associated with the site. The following observations were made in association with potential environmental issues at the site. Potential Environmental Issue Exterior Observation Hazardous Substance Usage  None observed. Petroleum Product Usage/Storage  None observed. Evidence of the former UST area was observed (patched asphalt) in the parking lot in front of the subject building. Storage Tanks (UST/AST)  See above. Odors  None observed. Pools of Liquid  None observed. Drums  None observed. Hazardous & Petroleum Containers  None observed. Unidentified Containers  None observed. Pits, Ponds, Lagoons  None observed. Stained Soil or Pavement  None observed, with the exception of de minimis surface stains in the parking areas and driveways. Stressed Vegetation  None observed. Fill/Solid Waste Disposal  None observed, with the exception of household garbage inside the former solid waste container containment area (dumpster area). Waste Water  None observed. Wells  None observed, however irrigation pipes were observed along the outside of the subject building. Four (4) ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 15 abandoned groundwater monitoring wells were also observed in the former UST vault area (front of subject building) Sewage Disposal System  None observed, site reportedly connected to municipal sewer system since first developed in 1982. PCB Usage  None observed, however two (2) pad-mounted transformers were observed adjacent to the subject building. No evidence of staining or releases was observed during the site inspection. Drains and Sumps  None observed. Wetlands  None observed. Other Issues of Concern  None observed. 6.5 Interior Observations An inspection of the interior of the subject building was conducted on July 18, 2015. The following observations were made in association with potential environmental issues: Potential Environmental Issue Interior Observation Heating/Cooling System  Split units located on south side of building. Hazardous Substance Usage  None observed. Petroleum Product Usage/Storage  None observed. Storage Tanks (AST & UST)  None observed. Odors  None observed. Pools of Liquid  None observed. Drums  None observed. Hazardous & Petroleum Containers  None observed. Unidentified Containers  None Observed. PCB Usage  None Observed. Asbestos  None observed (no materials sampled). Lead-based Paint  No samples collected or analyzed. Lead in Drinking Water  Most recent data from Collier County Utilities (2013) did not reveal elevated levels of lead in drinking water supplied to the subject site. Radon  The site is located in EPA Radon Zone 3 with indoor average levels <2 pCi/L. Other Issues of Concern  None observed ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 16 7.0 INTERVIEWS 7.1 Interview with Owner An in interview was conducted with the current owner of the subject site during completion of this assessment. The owner was aware of the petroleum release reported in 1987 as well as the subsequent monitoring and ultimately the NFA issued by the FDEP. The owner was not aware of any other environmental conditions (past or present) at the subject site that would warrant additional investigation. 7.2 Interview with Site Manager The site was vacant at the time of the site inspection and, therefore, no site managers were identified or interviewed. 7.3 Interview with Occupants The subject site was vacant and unoccupied during this investigation. 7.4 Interview with Local Government Officials Regulatory information was obtained for the subject site using the FDEP - maintained OCULUS system; therefore, direct interviews were not conducted with local government officials. 7.5 Interview with Others No others were interviewed as part of this assessment. ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 17 8.0 FINDINGS The following information was obtained during completion of the assessment activities:  The subject site consists of three (3) contiguous parcels of commercial land totaling approximately 1.25± acres in area (Collier County parcel numbers 74410380003, 74410400006, and 74410360007).  The subject site is currently developed with a vacant gas station/convenience store constructed in 1982. The gas station closed in the late 1980s and the site was used as a flower store until approximately 2011. No other past uses of the subject site were identified during completion of this assessment (undeveloped/vacant land prior to 1982).  The subject site appeared on the UST and LUST databases reviewed as part of this assessment. A petroleum discharge was reported in October 198 7 and the UST system was closed and removed from the site in 1989. Subsequent groundwater monitoring as part of the EDI program culminated in the FDEP issuing a NFA order for the site in June 1995.  Nearby facilities identified during the regulatory database review were not found to pose a significant environmental threat to the subject site at this time.  Observations made during the site inspection did not reveal the presence of Recognized Environmental Conditions (RECs) associated with the subject site. 9.0 OPINIONS Based on the current and historic use of the subject site and observations made during the site inspection, it is our opinion that no Recognized Environmental Conditions (RECs) exist on the subject site that warrant additional investigation . 10.0 CONCLUSIONS We have performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 for the Commercial Parcels located at 3608 East Tamiami Trail in the city of Naples, Collier County, Florida. Based on the scope of services, limitations, and findings of this assessment, ATLAS identified the following environmental concerns: ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 18 RECOGNIZED ENVIRONMENTAL CONDITIONS (RECs) Based on the historical research, property usage (both past and present) and the visual site inspection conducted, this assessment has revealed no evidence of recognized environmental conditions (RECs) in connection with the subject site . CONTROLLED RECs (CRECs) This assessment has revealed no evidence of controlled recognized environmental conditions (CRECs) in connection with the subject site. HISTORICAL RECs (HRECs) This assessment has revealed no evidence of historical recognized environmental conditions (HRECs) in connection with the subject site , except for the following:  A petroleum discharge was reported at this location in October 1987.  The site was accepted into the FDEP-administered EDI program in January 1988.  Subsequent assessment and monitoring concluded with a "No Further Action" (NFA) being granted in June 1995 in accordance with FAC Chapter 62-770.600(5).  According to the provisions of FAC Chapter 62-770 and the most recent data available from the FDEP, the subject site is no longer subject to petroleum cleanup enforcement and is suitable for unrestricted residential use. 11.0 DEVIATIONS No significant deviations from the ASTM practice were necessary to complete this assessment. ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 19 12.0 REFERENCES The following reference documents were utilized in the performance of this Phase I Environmental Site Assessment:  Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process; #1527-13 American Society for Testing and Materials  Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls; #2091 American Society for Testing and Materials  Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by Superfund Amendments and Re- authorization Act of 1986 (SARA) and Small Business Liability Relief and Brownfields Revitalization Act of 2002 (Brownfield Amendments), 42 U.S.C. §§ 9601 et seq.  Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. §§ 11001 et seq.  Freedom of Information Act, 5 U.S.C § 552, as amended by Public Law No. 104-231, 110 Stat.3048.  Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq.  "All Appropriate Inquiry" Final Rule, 40 C.F.R. Part 312.  Chapter 1 EPA, Subchapter J-Superfund, Emergency Planning, and Community Right-To-Know Programs, 40 C.F.R. Parts 300-399.  National Oil and Hazardous Substance Pollution Contingency Plan, 40 C.F.R. Part 300.  OSHA Hazard Communication Regulation, 29 C.F.R. § 1910.1200.  Standard Operating Procedures Plan for Phase I Environmental Site Assessments Florida Environmental Assessors Association ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 20  Environmental Liability and Real Property Transactions, Wiley Law Publications.  Environmental Regulation of Real Property, Law Journal Seminars - Press  Environmental Due Diligence Guide, Bureau of National Affairs, Inc.  Handbook of Environmental Contamination: A Guide for Site Assessment , Lewis Publishers  Statewide Radon Potential Survey, EPA.  National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR 61; as revised 11/20/90, U.S. Environmental Protection Agency  FEMA Flood Insurance Map, Public Library  Polk City Directories, Public Library  Online Soil Survey Maps, USDA - National Resources Conservation Service  Geologic Map of Collier County, Florida Geological Society ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 21 13.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONALS We declare that, to the best of our professional knowledge and belief, we meet the definition of Environmental Professional as defined in ş312.10 of 40 CFR 312. We have the specific qualifications based on education, training, and experience to assess property of the nature, history, and setting of the Subject Site. We have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. Prepared By: Darrin T. McAllister, P.G. Senior Consultant/Principal Certified Environmental Inspector (EAA) Reviewed By: Timothy Caughey, CIH Technical Director ATLAS, INC. Commercial Parcels (Former 7-11 #23078) Phase I Environmental Site Assessment 3608 E. Tamiami Trail Project #15107 Naples, Collier County, Florida 22 14.0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS DARRIN T. McALLISTER, P.G. Darrin McAllister, PG, CES, is a Florida-registered Professional Geologist with over 20 years of experience in the environmental consulting field involving the management of Real Estate Due Diligence Assessments (Phase I and II ESAs); Storage Tank Closure Assessments, Contamination and Site Assessments (including characterization and delineation of soil and groundwater impacts), design and implement ation of source removal activities, free product recovery, soil excavation and disposal, waste water discharge permitting, hazardous waste facility compliance audits, emergency spill response actions, construction oversight for the removal (closure) and installation of underground petroleum storage tanks, and the preparation of Source Removal, TCAR, SAR, MOP reports, and other associated regulatory agency submittals. Mr. McAllister has managed hundreds of assessment related projects across the State of Florida which involved impacts from petroleum hydrocarbons, chlorinated solvents, metals, pesticides, PCBs, and other regulated wastes. Mr. McAllister’s duties with ATL Assessment Services include environmental assessments, contamination assessments, site inspections, storage tank removal management and closure, remediation systems operations and maintenance, hazardous materials profiling, and soil and ground water assessments. APPENDICES ENVIRONMENTAL ASSESSMENT AND LISTED SPECIES SURVEY 3608 TAMIAMI TRAIL PROPERTY PARCEL #: 74410400006, 74410380003, & 74410360007 S/T/R: 13/50S/25E COLLIER COUNTY (1.25 ± TOTAL PROJECT ACRES) Prepared For: Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Suite 102 Clearwater, FL 33756 Prepared By: Meryman Environmental, Inc. 10408 Bloomingdale Avenue Riverview FL 33578 October 2016 Environmental Assessment and Listed Species Survey 3608 Tamiami Trail Property Collier, Florida 1 SITE NAME: 3608 TAMIAMI TRAIL PROPERTY INVESTIGATIVE METHODOLOGY: Meryman Environmental was engaged by Mrs. Sue Sucevic on September 26, 2016 to conduct a Listed Species Survey for the above referenced parcel. Pedestrian surveys for Listed Species were conducted by MEI staff on September 29, 2016. During this period, habitats within the Parcel were canvassed morning and afternoon for Listed Species. The survey methodology consisted of pedestrian transects (at least 1,500 feet of transect per 100 acres) which meandered through the areas of suitable habitat. The locations of these transects were changed after each survey to maximize site coverage. Observations of all Listed Species as well as physical features that may indicate the presence of such species; such as tracks, scat, nests, burrows and cavity trees were mapped on an aerial photography print of the site. The surveys were conducted in general accordance with the Florida Fish and Wildlife Conservation Commissions (FFWCC 1988) Wildlife Survey Methodology Guidelines. Typical wildlife surveys are conducted for species considered Endangered, Threatened, or Species of Special Concern by the FFWCC. In this instance MEI focused on Listed Species and paid particular attention to species deemed Threatened and Endangered on the County, State, and Federal Species List. SITE DESCRIPTION: The site consisted of a dirt parking lot on the Northwest border of the parcel, along with a convenience store and associated parking spaces, and finally an upland tree fringe surrounding the store, are all located within Section 13, Township 50S, and Range 25E (Figure 1). The Parent property consists of three (3) Parcel number’s: 74410400006, 74410380003, and 74410360007. Per Collier County Property Appraiser records, this three (3) parcels composed the 1.25 ± Acres of the Project Site (Figure 2). A reconnaissance transect survey of the project site (1.25 ± Acres) was conducted the day of September 29th, 2016. All areas of potential uplands, transitional zones and any potential wetland habitats were reviewed for vegetative cover and Listed Animal Species Indicators. SOIL TYPE CLASSIFICATIONS: The Proposed 3608 TAMIAMI TRAIL PROPERTY, in COLLIER COUNTY, FLORIDA is located within Section 13, Township 50S, and Range 25E. According to the Collier County Soil Survey (Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. Available online at http://websoilsurvey.nrcs.usda.gov/. Accessed 08/08/2016) there are two (2) SCS soil types: #32 Urban Land, and #34 Urban Land-Immokalee-Oldsmar, Limestone Substratum, complex (Figure 3). None of the soils are considered hydric per Collier County Soil Survey. Environmental Assessment and Listed Species Survey 3608 Tamiami Trail Property Collier, Florida 2 SITE HABITAT TOTAL ACREAGE: The project site breaks down into approximately: 0.78 ± Acres of Undeveloped Urban Land, and 0.47 ± Acres of Convenience Store associated with the property (Figure 4). The native vegetation accounts for roughly 70 percent or approximately 0.875± Acres. While the other 0.375 ± Acres are altered exotic/nuisance vegetative coverage areas. The acreages are un-surveyed estimates calculated from aerial mapping and the site reconnaissance (Figure 5) as shown on the attached photographs. A formal determination of the wetlands on-site was not completed with S.W.F.W.M.D. FDOT FLUCCS LAND USE CODES: The current parcel has been classified with land use codes based upon The Florida Land Use Cover and Forms Classification System (FLUCCS: Florida Department of Transportation, 1999). The codes that apply are: #1414 Convenience Stores, #191 Undeveloped Land in Urban Areas, #427 Live Oak, and #412 Long Leaf Pine Xeric Oak (Figure 6). VEGETATIVE SPECIES INVENTORY: The following dominant plant species were observed on site; Live Oak, Sabal Palm, Long Leaf Pine, Laurel Oak, Ligustrum, Bahia, Sandspurs, Saw Palmetto, and Beautyberry. There were several Exotic Species present on- site including: Muscadine Grapevine, Virginia Creeper, Spanish Needles, Rosary Pea, Guinea Grass, Brazilian Pepper, Golden Acacia, . No unique or endemic plants were observed during our field reconnaissance nor were any plants located as referenced on the Florida’s Endangered, Threatened or Species of Special Concern Plant List from the website as maintained by the Florida Department of Agriculture and Conservation Services (FDACS) via Chapter 5 B-40, F.A.C. (Figure 7). No wetland plant species were located. WILDLIFE SPECIES INVENTORY: A review of soil, wetland and species referenced websites and scientific articles directed the biologist to specific hot spot areas on site for review. No Listed Animal Species observed on-site. There were zero (0) Gopher Tortoise (Gopher Polyphenus) burrows located in the project area. Common animal species observed on site were: Blue Jay, Mocking Bird, and Black Vulcher. No Eagle nests were observed on the subject site or adjacent properties, and no Bald Eagles were observed. There is one documented Eagles nest, which have USFWS Eagle Nest ID: CO 040 that is Northeast at 0.34 miles of the parcel’s location (Figure 8). Based upon field observations zero (0) of the State Listed Species Indicators and Species from the County codes was observed on-site during the September 29th field review (Table 1). A composite map of animal species general locations on site is documented in (Figure 9). Environmental Assessment and Listed Species Survey 3608 Tamiami Trail Property Collier, Florida 3 ENVIRONMENTAL CONCERNS BOTH NATURAL AND MAN- MADE: The site has tires, garbage, weeds, and a homeless camp. CONCEPTUAL SITE PLAN IMPACTS: There is proposed to be a 1- story building approximately 7,650 SF. There are two ponds proposed on site to compensate for the Stormwater runoff. There are 31 proposed parking spaces proposed to go along the building on the North and East sides, all of this can be seen in the proposed plans in (Figure 10). The subject site falls within the county’s Urban Residential sub-district, and not within an ACSC, RLSA, NRPA, nor the RFMU designation (Figure 11). Environmental Assessment and Listed Species Survey 3608 Tamiami Trail Property Collier, Florida 4 This report was prepared by Bryce Moseley, a Staff Ecologist, based off of the site reconnaissance notes by CJ Greene, a Senior Restoration Ecologist, both with Meryman Environmental, Inc., under supervision of Dr. Dale Meryman. Bryce Moseley Dr. C. Dale Meryman Staff Ecologist Chairman and President Date: October 10, 2016 Date: October 10, 2016 Environmental Assessment and Listed Species Survey 3608 Tamiami Trail Property Collier, Florida 5 THE INFORMATION IN THIS DOCUMENT IS THE INTELLECTUAL PROPERTY OF MERYMAN ENVIRONMENTAL, INC. References Ashton, R.E. and Moler, P.E. (1992). Rare and Endangered Biota of Florida: Volume III. Amphibians and Reptiles. Gainesville, FL: University Press of Florida. Barnwell, Mary (June 2003). Chassahowitzka Black Bear Study Stats and Summary. Southwest Florida Water Management District. Brooksville. Behler, John L. and King, L. Wayne (1992). The Audubon Society Field Guide to North American Reptiles and Amphibians. Alfred A. Knopf, Inc. New York. Bell, R. C. and Taylor, B. J. (1982). Florida Wild Flowers and Roadside Plants. Chapel Hill: Laurel Hill Press. Chafin, Linda, Botanist. (2000). Field Guide to the Rare Plants of Florida. Walsworth Publishing Company, Brookfield Missouri. Florida Natural Areas Inventory, Tallahassee, Florida. Cox, James, Kautz, Randy, MacLaughlin, Maureen and Gilbert, Terry. Closing the Gaps in Florida's Wildlife Habitat Conservation System. 1994. Department of the Army. Corps of Engineers Wetlands Delineation Manual. (1987). Vicksburg, MS: Environmental Laboratory. FDOT- Florida Department of Transportation. Florida Land Use, Cover and Form Classification System. (second addition), September, 1999. FFWCC- Florida Fish and Wildlife Conservation Commission. 1988. Wildlife Methodology Guidelines for Section 18.D. of the Application for Development Approval. Office of Environmental Services. FFWCC- Florida Fish and Wildlife Conservation Commission.. Florida's Endangered Species, Threatened Species and Species of Concern, Official List, (2011). FFWCC ( 2004), Florida's Breeding Bird Atlas: a collaborative study of Florida's birdlife, http://www.wildflorida.org/bba/maps/LBHE.htm. FGFWFC- Florida Game and Fresh Water Fish Commission. Florida Atlas of Breeding Sites for Herons and Their Allies. Non-game Wildlife Program, Technical Report No.10. September 1991. FNAI- Florida Natural Areas Inventory Internet Data. Matrix of Habitat and Distribution of Rare/Endangered Species, Florida. Florida Wetland Plants An Identification Manual. January 1998. Florida Department of Environmental Protection, Tallahassee, FL. Fritzpatrick, John W., Woolfenden, Glen E. and Kopeny, Mark T. Ecological and Development- Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens coerulescens). Non-game Wildlife Program, Technical Report No.8. April 1991. Environmental Assessment and Listed Species Survey 3608 Tamiami Trail Property Collier, Florida 6 Godfrey, R. K. and Wooten, J. W. (1981). Aquatic and Wetland Plants of the Southeastern United States. Athens, GA: The University of Georgia Press. Hachle, Robert & Brookwell, Joan, (1999). Native Florida Plants. Gulf Publishing Company, Houston, TX. Hipes, Dan; Jackson, Dale; NeSmith, Katy; Printiss, David and Brandt, Karla. (2001). Field Guide to the Rare Animals of Florida. Walsworth Publishing Company, Brookfield Missouri. Florida Natural Areas Inventory, Tallahassee, Florida. Kale, H. W. and Maehr, D.S. (1990). Florida's Birds: A Handbook and Reference. Sarasota, FL: Pineapple Press. Lakela, O. and Long R.W. (1976). Ferns of Florida: An Illustrated Manual and Identification Guide. Miami, FL: Banyan Books. Larken, Jeffrey L., Maehr, David S., Hoctor, Thomas S., Orlando, Michael A. and Whitney, Karen. Landscape linkages and conservation planning for the Black Bear in west-central Florida. Animal Conservation (2004) 7, 112 C 2004, The Zoological Society of London. Printed in The United Kingdom. or <http://www.wildflorida.org/bear/Reports/Landscape_Linkages.pdf> Maehr, D.S. 1992. Florida Panther. Pp. 177-189 In S. E. Humphrey, Ed. Rare and endangered biota of Florida, Volume I. Mammals. University Press of Florida, Gainesville. Milsap, B. A. 1996. Florida Burrowing Owl. Pp. 579-587 In J. A. Rogers, Jr., H. W. Kale II, and H. T. Smith, Eds. Rare and endangered biota of Florida, Volume V. Birds. University Press of Florida, Gainesville. Moler 1992. Eastern Indigo Snake. Pp. 181-186 In P. E. Moler, Ed. Rare and endangered biota of Florida, Volume III. Amphibians and Reptiles. University Press of Florida, Gainesville. Moler, Paul E. Home Range and Seasonal Activity of the Eastern Indigo Snake,(Drymarchon corais couperi), in Northern Florida. Nesbitt, S.A. 1996. Florida Sandhill Crane. Pp. 219-229 In J. A. Rogers, Jr., H. W. Kale II, and H. T. Smith, Eds. Rare and endangered biota of Florida, Volume V. Birds. University Press of Florida, Gainesville. Niering, William A. The Audubon Society Nature Guides. Wetlands. 1989. Scott, Chris. (2004). Endangered and Threatened Animals of Florida and Their Habitats, University of Texas Press, Autin. Stys, B. (1997). Ecology of the Florida Sandhill Crane. Florida Game and Fresh Water Fish Commission, Non-game Wildlife Program Technical Report No. 15, Tallahassee, FL. 20 pp. U.S. Department of Agriculture Soil Conservation Service Soil Surveys of Florida Counties. Wetlands Code Interpreter. March 11, 2010. U.S. Fish and Wildlife Service. National Wetlands Inventory. Branch of Resource and Mapping. http://137.227.242.85/Data/interpreters/wetlands.aspx Wunderlin, R. P. 1997. Guide to the Vascular Plants of Florida. A University of South Florida book. Environmental Assessment and Listed Species Survey 3608 Tamiami Trail Property Collier, Florida 7 Environmental Assessment and Listed Species Survey 3608 Tamiami Trail Property Collier, Florida 8 FIGURES Figure 1. Location Map of the Subject Site Figure 2. County Property Appraiser Land Details and Legal Description Figure 3. U. S. Department of Agricultural Soil Conservation Service Soil Survey of Hillsborough County, Florida Figure 4. National Wetlands Inventory Classification Figure 5. Photographic Representation of the Habitats On-Site Figure 6. Florida Department of Transportation’s Florida Land Use Cover and Forms Classification System Data Set Figure 7. Vegetation Observations Mapped on an Aerial Photograph Figure 8. Wildlife Technology Services (FFWCC) Eagle Nest Location System Figure 9. Wildlife Observations Mapped on an Aerial Photograph Figure 10. Conceptual Site Plan with Proposed Site Impacts Figure 11. Future Land Use Map TABLES Table 1. Listed Animal and Plant Species that Potentially May Occur on the Parcel PREPARED FOR: Figure 1 Location Map Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E PREPARED FOR: Figure 2a County Property Appraiser Land Details Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E PREPARED FOR: Figure 2b County Property Appraiser Land Details Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E PREPARED FOR: Figure 2c County Property Appraiser Land Details Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E PREPARED FOR: Figure 3 USDA Soil Map Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E PREPARED FOR: Figure 4 National Wetlands Inventory Classification Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E PREPARED FOR: Figure 5 Photographic Representation of On-site Habitat Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E Convenience Store Westside Looking Northeast Northside Looking Southeast Vagrant Trash Pile Southside Looking SouthwestNorthside Looking Southwest PREPARED FOR: Figure 6 FLUCCS Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E #1414 Convenience Stores #191 Undeveloped Land in Urban Areas #412 Longleaf Pine Xeric Oak #427 Live Oak PREPARED FOR: Figure 7 Vegetation Observations Mapped on an Aerial Photograph Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E Live Oak Sabal Palm Long Leaf Pine Laurel Oak Ligustrum Bahia Grass Sandspur Saw Palmetto Beautyberry Muscadine Grapevine PREPARED FOR: Figure 8 Eagle Nest Locator Map Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E PREPARED FOR: Figure 9 Wildlife Observations Mapped on an Aerial Photograph Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E Blue Jay Mocking Bird Black Vulture PREPARED FOR: Figure 10 Conceptual Site Plan Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E PREPARED FOR: Figure 11 Future Land Use Map Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E PREPARED FOR: Table 1 Listed Plant and Animal Species Project: Date: STR: Scale: OCTOBER 2016 Sue Sucevic, Project Manager Epic Development 907 S. Ft. Harrison Ave. Ste. 102 Clearwater, FL 33756 Not to Scale 3608 Tamiami Trail Property 13/50S/25E Table 1. Listed Animal /Plant Species That Potentially May Occur on the Subject Site Common Name Present Common Name Present Gopher Tortoise ST A Whooping Crane FE A Eastern indigo snake FT A Sand Skink FT A American Alligator FT A Florida Black Bear FT A Gopher Frog SSC A Florida Golden Aster E A Sherman’s Fox Squirrel SSC A Britton’s Beargrass E A Florida Panther FE A Brooksville Bellflower E A Florida Sandhill Crane ST A Cooley’s W ater-willow E A Florida Scrub Jay FT A Short-leaved rosemary E A Burrowing Owl SSC A Scrub mint E A Bald Eagle A Highlands scrub hypericum E A Southeastern American Kestrel ST A Scrub blazingstar E A Limpkin SSC A Lewton’s polygala E A Wood Stork FE A Wireweed E A Little Blue Heron SSC A Scrub plum E A Snowy Egret SSC A Florida bonamia T A Tri-colored Heron SSC A Pygmy fringe-tree E A White Ibis SSC A Wide-leaf warea E A Piping Plover FT A Carter’s mustard E A Red-cockaded Woodpecker FE A Scrub lupine E A FE = Federally-designated Endangered ST = State-designated Threatened FT = Federally-designated Threatened SSC=State Species of Special Concern P (Present) = Animals or Indicators Observed A (Absent) = No Quality Habitat nor Species Observed Traffic Impact Statement Revised 5/2/2017 Prepared by: Richard Joudrey, PE Project: Auto Parts Store US41 East & Seminole Avenue Naples, Florida Description: Replacing an existing 2,520 SF Flower shop with a 8,000 SF Auto Parts Store. The Flower shop has not been in operation for over 1 year and therefore no trip credits have been taken. Narrative: The previous use for the site is a Flower Store, we are proposing a change in use and size as indicated above. The calculation provided in the ITE spreadsheet will show the following result: 1. The increase in background traffic considering Pass-By reductions. Results: The results show that the net increase in PM Peak for this location considering a reduction for Pass-By traffic is 36 Trips: Auto Parts Sales ITE 843 (48 PM Peak Trips – 12 Pass-By) = 36 Net New Trips Background Traffic without Project (2016 – 2021) Roadway Link AUIR Link ID# 2016 Peak Background Directional Traffic Volume Projected Annual Growth Growth Factor 2021 Projected Peak Background Directional Traffic Volume Growth Factor Trip Bank 2021 Projected Peak Background Directional Traffic Volume Trip Bank Tamiami Trail East 92.0 2,240 (tph) 2% 1.104 2,473 (tph) 21 2,261 (tph) AVID Group® 2300 Curlew Road Suite 201 Palm Harbor, Florida 34683 Phone (727) 789-9500 Fax (727) 784-6662 www.avidgroup.com [AUTH#6139 LB7345 LC0000361] Project Impacts the Area Roadway Network Link Analysis Roadway Link AUIR Link ID# 2016 Peak Directional Capacity Volume 2021 Peak Directional Project Volume Added % Volume Capacity Impact by Project MIN LOS exceed without Project MIN LOS exceed without Project Tamiami Trail East 92.0 2,900 (EB) 2,900 (WB) 14 (EB) 14 (WB) 0.5% *No No *Per the AUIR expected failure of the link is not expected until 2025. Conclusion: As stated in the Collier County Traffic Impact Study guidelines; • The project generates less than 50 net new total 2-way AM and less than 50 net new total 2-way PM peak hour trips, and • The access point to the adjacent roadway network does not require modification inside the Right-Of-Way above a standard driveway connection. (No turn lanes or median modifications), and • The project is a standalone project and not part of a larger development, and • If the project uses a shared access point, the addition of the project traffic does not trigger any operational deficiencies or additional work within the right-of- way. Therefore, the project meets the conditions of a Small Scale Traffic Study. The project is in the TCEA and not requesting an exemption. ____________________________________ Richard Joudrey, PE #60132 AVID Group 2300 Curlew Road Suite 201 Palm Harbor, Florida 34683 ITE Trip Generation Rates - 9th EditionPass-by rates from ITE Trip Generation Handbook - 2nd EditionAuto Parts Store, US41 East & Seminole Avenue, Naples, FL(copyrights, Insitute of Transportation Engineers)Description/ITE Code ITE Vehicle Trip Generation Rates Expected Total Generated Trips Total Distribution of Generated TripsUnits(peak hours are for peak hour of adjacent street traffic unless highlighted)UnitsWeekday AM PM Pass-By AM In AM Out PM In PM Out Daily AM Hour PM Hour AM In AM Out Pass-By PM In PM Out Pass-ByAutomobile Parts Sales 843KSF261.91 2.21 5.98 25% NA NA 49% 51% 8.0 495 18 48 NA NA 4 18 18 1202-May-17 MASTER Attachment F-2016 (091516) ver 1.xlsm 2016 2016 Traffic 1/7th Trip Peak Hour Peak 2016 1/7th 1/7th TB Count Bank Peak Dir Hour 2016 1/7th Total 1/7th TB 2016 L Year Year Exist Cnt.Min Peak Service Peak Dir Trip Trip Trip 2016 Total Remain.1/7th TB O Expected Expected ID#CIE#Proj#Road#Link From To Road Sta.Std Dir Volume Volume Bank Bank Bank Volume Capacity V/C S Deficient Deficient 45 54 51.0 21 65041 CR881 Livingston Road Imperial Street Immokalee Road 6/4D 673 D N 3,000 1160 240 0 240 1400 1600 46.7%B 52.0 57 62071 CR881 Livingston Road Immokalee Road Vanderbilt Beach Road 6D 576 E N 3,100 1610 56 0 56 1666 1434 53.7%C 53.0 58 62071 CR881 Livingston Road Vanderbilt Beach Road Pine Ridge Road 6D 575 E S 3,100 1450 160 0 160 1610 1490 51.9%B 54.0 52 60071 CR881 Livingston Road Pine Ridge Road Golden Gate Parkway 6D 690 E N 3,100 1470 36 0 36 1506 1594 48.6%B 55.0 53 60061 CR881 Livingston Road Golden Gate Parkway Radio Road 6D 687 E N 3,000 1220 40 0 40 1260 1740 42.0%B 58.0 67 99904 N. 1st Street New Market Road SR-29 (Main Street)2U 590 D N 900 550 0 0 0 550 350 61.1%C 59.0 New Market Road Broward Street SR 29 2U 612 D E 900 520 12 0 12 532 368 59.1%C 61.0 36 Camp Keais Oil Well Road Immokalee Road 2U 626A D S 1,000 220 0 108 108 328 672 32.8%B 62.0 68 99905 CR887 Old US 41 Lee County Line US 41 (Tamiami Trail)2U 547 D N 1,000 960 11 0 11 971 29 97.1%E 2019 2018 63.0 99924 CR896 Seagate Drive Crayton Road US 41 (Tamiami Trail)4D 511 D E 1,700 970 7 0 7 977 723 57.5%C 64.0 14 69042 CR896 Pine Ridge Road US 41 (Tamiami Trail)Goodlette-Frank Road 6D 512 E E 2,800 1870 37 0 37 1907 893 68.1%C 65.0 14 69042 CR896 Pine Ridge Road Goodlette-Frank Road Shirley Street 6D 514 E W 2,800 1940 5 0 5 1945 855 69.5%C 66.0 14 69042 CR896 Pine Ridge Road Shirley Street Airport Road 6D 515 E E 2,800 2250 220 0 220 2470 330 88.2%D 2023 67.1 41 60111 CR846 Pine Ridge Road Airport Road Livingston Road 6D 526 E E 3,000 2660 149 0 149 2809 191 93.6%D 2020 67.2 41 60111 CR846 Pine Ridge Road Livingston Road I-75 6D 628 E E 3,000 2950 220 0 220 3170 (170)105.7%F 2017 Existing 68.0 41 99907 CR896 Pine Ridge Road I-75 Logan Boulevard 6D 600 E E 2,800 2130 1 0 1 2131 669 76.1%D 69.0 15 65032 CR856 Radio Road Airport Road Livingston Road 4D 544 D E 1,800 1120 3 0 3 1123 677 62.4%C 70.0 15 65033 CR856 Radio Road Livingston Road Santa Barbara Boulevard 4D 527 D E 1,800 1110 0 0 0 1110 690 61.7%C 71.0 16 65031 CR856 Radio Road Santa Barbara Boulevard Davis Boulevard 4D 685 D W 1,800 580 0 85 85 665 1135 36.9%B 72.0 17 65021 CR864 Rattlesnake Hammock Road US 41 (Tamiami Trail)Charlemagne Boulevard 4D 516 D W 1,800 1010 0 55 55 1065 735 59.2%C 73.0 17 65021 CR864 Rattlesnake Hammock Road Charlemagne Boulevard County Barn Road 4D 517 D W 1,800 700 0 48 48 748 1052 41.6%B 74.0 17 65021 CR864 Rattlesnake Hammock Road County Barn Road Santa Barbara Boulevard 4D 534 D W 1,900 670 0 40 40 710 1190 37.4%B 75.0 77 60169 CR864 Rattlesnake Hammock Road Santa Barbara Boulevard Collier Boulevard 6D 518 E W 2,900 490 41 115 156 646 2254 22.3%B 76.0 56 62081B Santa Barbara Boulevard Green Boulevard Golden Gate Parkway 4D 529 D N 2,100 1240 9 0 9 1249 851 59.5%C 77.0 56 62081A Santa Barbara Boulevard Golden Gate Parkway Radio Road 6D 528 E N 3,100 1780 54 0 54 1834 1266 59.2%C 78.0 56 62081A Santa Barbara Boulevard Radio Road Davis Boulevard 6D 537 E N 3,100 1290 221 0 221 1511 1589 48.7%B 79.0 Santa Barbara Boulevard Davis Boulevard Rattlesnake-Hammock Road 6D 702 E S 3,100 930 112 0 112 1042 2058 33.6%B 80.0 SR29 SR 29 US 41 (Tamiami Trail)CR 837 (Janes Scenic Dr)2U 615A D N 900 90 0 0 0 90 810 10.0%B 81.0 SR29 SR 29 CR 837 (Janes Scenic Dr)I-75 2U 615A D N 900 90 0 0 0 90 810 10.0%B 82.0 SR29 SR 29 I-75 Oil Well Road 2U 615A D N 900 90 8 61 69 159 741 17.7%B 83.0 SR29 SR 29 Oil Well Road CR 29A South 2U 665A D N 900 380 0 0 0 380 520 42.2%B 84.0 SR29 SR 29 CR 29A South 9th Street 4D 664 D W 1,700 600 73 0 73 673 1027 39.6%B 85.0 SR29 SR 29 9th Street CR 29A North 2U 663 D S 900 620 36 0 36 656 244 72.9%C 86.0 SR29 SR 29 CR 29A North SR 82 2U 663 D S 900 620 0 0 0 620 280 68.9%C 87.0 SR29 SR 29 Hendry County Line SR 82 2U 591A D S 800 350 0 0 0 350 450 43.8%B 88.0 SR82 SR 82 Lee County Line SR 29 2U 661A D S 800 710 0 0 0 710 90 88.8%D 2023 91.0 43 US41 Tamiami Trail East Davis Boulevard Airport Road 6D 545 E E 2,900 1580 0 47 47 1627 1273 56.1%C 92.0 47 US41 Tamiami Trail East Airport Road Rattlesnake Hammock Road 6D 604 E E 2,900 2240 21 248 269 2509 391 86.5%D 2025 93.0 46 US41 Tamiami Trail East Rattlesnake Hammock Road Triangle Boulevard 6D 572 E E 3,000 1960 30 329 359 2319 681 77.3%D 94.0 US41 Tamiami Trail East Triangle Boulevard Collier Boulevard 6D 571 E E 3,000 1510 8 203 211 1721 1279 57.4%C 95.1 US41 Tamiami Trail East Collier Boulevard Joseph Lane 6D 608 D E 3,100 670 171 107 278 948 2152 30.6%B 95.2 US41 Tamiami Trail East Joseph Lane Greenway Road 4D 608 D E 2,000 670 171 102 273 943 1057 47.2%B 95.3 US41 Tamiami Trail East Greenway Road San Marco Drive 2U 608 D E 1,075 670 171 4 175 845 230 78.6%D 96.0 US41 Tamiami Trail East San Marco Drive SR 29 2U 617A D E 1,000 140 0 0 0 140 860 14.0%B 97.0 US41 Tamiami Trail East SR 29 Dade County Line 2U 616A D E 1,000 150 0 0 0 150 850 15.0%B 98.0 71 US41 Tamiami Trail North Lee County Line Wiggins Pass Road 6D 546 E N 3,100 1990 125 8 133 2123 977 68.5%C 99.0 50 US41 Tamiami Trail North Wiggins Pass Road Immokalee Road 6D 564 E N 3,100 2560 47 8 55 2615 485 84.4%D 2025 100.0 45 US41 Tamiami Trail North Immokalee Road Vanderbilt Beach Road 6D 577 E N 3,100 2280 19 0 19 2299 801 74.2%C 101.0 45 US41 Tamiami Trail North Vanderbilt Beach Road Gulf Park Drive 6D 563 E N 3,100 2300 0 0 0 2300 800 74.2%C 102.0 US41 Tamiami Trail North Gulf Park Drive Pine Ridge Road 6D 562 E N 3,100 1860 1 0 1 1861 1239 60.0%C 108.0 Thomasson Drive Bayshore Drive US 41 (Tamiami Trail)2U 698 D E 800 490 12 53 65 555 245 69.4%C 109.0 42 65071 CR862 Vanderbilt Beach Road Gulfshore Drive US 41 (Tamiami Trail)2U/4D 524 E E 1,400 910 0 0 0 910 490 65.0%C 110.1 23 67021 CR862 Vanderbilt Beach Road US 41 (Tamiami Trail)Goodlette-Frank Road 4D 646 D E 1,900 1480 1 0 1 1481 419 77.9%D 110.2 23 67021 CR862 Vanderbilt Beach Road Goodlette-Frank Road Airport Road 4D/6D 666 D E 2,500 1700 0 0 0 1700 800 68.0%C 111.1 63 63051 CR862 Vanderbilt Beach Road Airport Road Livingston Road 6D 579 E W 3,000 1850 0 0 0 1850 1150 61.7%C 111.2 63 63051 CR862 Vanderbilt Beach Road Livingston Road Logan Blvd.6D 668 E E 3,000 2000 111 0 111 2111 889 70.4%C 112.0 24 63051 CR862 Vanderbilt Beach Road Logan Boulevard Collier Boulevard 6D 580 E E 3,000 1230 244 2 246 1476 1524 49.2%B 114.0 25 69061 CR901 Vanderbilt Drive Bonita Beach Road Wiggins Pass Road 2U 548 D N 1,000 420 2 32 34 454 546 45.4%B 115.0 69061 CR901 Vanderbilt Drive Wiggins Pass Road 111th Avenue 2U 578 D N 1,000 440 3 13 16 456 544 45.6%B 116.0 26 69021 Westclox Road Carson Road SR 29 2U 611 D W 800 220 0 0 0 220 580 27.5%B 117.0 99928 CR888 Wiggins Pass Road Vanderbilt Drive US 41 (Tamiami Trail)2U 669 D E 1,000 400 5 13 18 418 582 41.8%B 118.0 Wilson Blvd Immokalee Road Golden Gate Boulevard 2U 650 D S 900 320 0 0 0 320 580 35.6%B 119.0 60044 CR858 Oil Well Road Immokalee Road Everglades Boulevard 4D 725S D E 2,000 600 0 216 216 816 1184 40.8%B 120.0 60044 CR858 Oil Well Road Everglades Boulevard Desoto Boulevard 2U 694 D W 1,100 280 0 200 200 480 620 43.6%B 10.24.16 Version 5 GS23 2300 CURLEW ROAD, Suite 201 PALM HARBOR, FLORIDA 34683 PHONE (727) 789-9500 [AUTH#6139 LB7345] WWW.AVIDGROUP.COM Collier County Peter Pensa, AICP Neighborhood Information Meeting (NIM) Summary O’Reillys Tamiami Trail East Collier County Petition No. PL20150001611 319-018 February 1, 2017 The neighborhood information meeting (NIM) was held on Tuesday, January 31, 2017 at 5:30 p.m. at the East Naples Branch Library. Notification letters were mailed to 120 property owners by USPS Certificate of Mailing on January 12, 2017. Newspaper advertisement was published in the Naples Daily News on January 16, 2017. Peter Pensa (project planner – AVID Group) and Andrew Hupp (developer – Epic Retail 41 Seminole, LLC) were in attendance to present the project. Fred Reischl from Collier County was in attendance to observe the meeting. Three residents (same household) arrived prior to the start of the meeting (approx. 5:10 p.m.) and asked a few questions about site access and screening. Mr. Pensa gave an overview of the project layout and Ms. Bird stated that there are problems with two neighboring businesses that have employees using Tamiami Lane (road to rear) to test drive vehicle repairs and to cut through the neighborhood when making delivery runs. She noted that she has called Code Enforcement several times about this in the past and they have observed it happening. Mr. Pensa explained the site layout, including specifically pointing out the perimeter landscape buffer, fence, and use of the stormwater management area as additional open space buffer/separation from the residential neighborhood and how on-site delivery vehicle circulation worked and the provision for future vehicular cross access with the neighboring commercial parcel. Mr. Pensa explained that the development will be a retail auto parts store with no repair bays, so noise and aesthetic issues related to outdoor activities/storage will not be an issue. Mr. Hupp confirmed that delivery vehicle traffic will not use Tamiami Lane as a cut through. These residents gave positive feedback about the project layout and decided to not stay for the meeting since there questions/concerns were addressed. One more resident, along with the current property owner and real estate broker, arrived and the neighborhood meeting started shortly after 5:30pm and lasted for approximately 15 minutes. Mr. Pensa gave a brief overview (similar to the above-described discussion), and opened the meeting to questions. Additional questions/discussion related to the design of the pedestrian circulation, site access, not using Tamiami Lane for commercial traffic, building architecture and height, landscaping, and stormwater management. The resident gave positive feedback about the project as well. THANK YOU FOR YOUR PAYMENT Collier County Growth Mgmt Div Account # :PL20150001611 Name on Account:Peter R. Pensa Email Address:peter.pensa@avidgroup.com Payment Account:Credit Card ending in 7176 Payment Date:01-11-2017 Payment Amount:$70.00 Convenience Fee:$1.93 Confirmation #: 9218756-C8044257 Returned By Credit/Debit Card Processor: 00516GMN Submitted: 01-11-2017, 04:13:44 PM EST Your payment has been submitted. Please note that this payment is subject to further verification. We recommend that you print this page for your records. Click here to exit payment area. Close This Window Print This Page Privacy Policy Terms and Conditions Page 1 of 1Collier County Growth Mgmt Div -Payment 1/11/2017https://eps.mvpbanking.com/cgi-bin/uciepay.pl PL20150001611 500' 1/11/2017 Page 1 of 2 RECKEY NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 SECT TWP RANGE LOTUNIT 74410760005 3616 SEMINOLE LLC 3616 SEMINOLE AVE #1 NAPLES, FL 34112---5731 13 50 25 5 393720000 3771 TTE LLC 4241 CORPORATE SQ NAPLES, FL 34104---4754 13 50 25 9 74410320005 ADVANCE AUTO PARTS INC #9404 ATT; TAX ACCOUNTING PO BOX 2710 ROANOKE, VA 24001---2710 13 50 25 10 31142500408 ALEXANDER TR, JAMES E JOANNA R ALEXANDER TR JAMES E ALEXANDER LIV TRUST DATED 11/14/01 1118 W CROSS ST #206 ANDERSON, IN 46011---0000 13 50 25 10 31142500660 ALEXANDER, JAMES W & DOROTHY L PO BOX 672 GLASGOW, KY 42142---0672 13 50 25 24 31142502448 APPLING, JOUETT & JONEL D 645 BLEEMEL LN MT WASHINGTON, KY 40047---0000 13 50 25 127 74410600000 AREA REALTY FLORIDA TWO LLC 649 GALLEON DR NAPLES, FL 34102---7641 13 50 25 27 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34112---6252 13 50 25 83 31142500929 WEISS, ROBERT F & BRENDA L 11 FISHERMANS COVE RD EAST FALMOUTH, MA 02536---6128 13 50 25 42 31142502260 WESTON, HAROLD 113 ENCHANTING BLVD NAPLES, FL 34112---6248 13 50 25 113 31142501520 WHITE, STEVEN W 1028 CASHEW LAND CEDAR PARK, TX 76813---0000 13 50 25 71 74412760003 WILLIAM F PREISSEL JR REV TRUS 6878 STERLING GREENS CT # 202 NAPLES, FL 34104---5734 13 50 25 19 63807001207 WILLIAM HALLIDAY TRUST 5944 CORAL RIDGE DRIVE #217 CORAL SPRINGS, FL 33076---0000 13 50 25 60 31142502707 WILLIAMS, WILLIAM JASON BARBARA J DULLY 9 MOONSTONE CIR NAPLES, FL 34112---6256 13 50 25 9 31142500149 WROE, JOHN S 15 DIAMOND LANE NAPLES, FL 34112---0000 13 50 25 15 31142502804 ZIMBELMAN, DONALD L & BETTY L 3 RUBY LN NAPLES, FL 34112---6271 13 50 25 3 Published DailyNaples, FL 34110 Afﬁ davit of PublicationState of FloridaCounties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier Coun-ty, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Afﬁ ant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post ofﬁ ce in Naples, in said Collier County, Florida, for a period of one year next pre-ceding the ﬁ rst publication of the attached copy of advertisement; and afﬁ ant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.___________________________________________________________Customer Ad Number Copyline P.O.#_____________________________________________________________________________________ Avid Group 1442011 NIM Pub Dates January 16, 2017 _______________________________________ (Signature of affi ant) Sworn to and subscribed before me This January 19, 2017 _______________________________________ (Signature of affi ant) _______________________________________ (Signature of affi ant) Sworn to and subscribed before me This January 19, 2017 _______________________________________ (Signature of affi ant) GETTY IMAGES FOR THE PANTAGES THEATRE Actor Dick Gautier and his wife, Dr. Tess Hightower, arrive at the opening night of “The Phantom of the Opera” at the Pantages Theatre in Hollywood in 2010. LOS ANGELES - Actor Dick Gautier, who gained fame playing an Elvis-like singer in the Broadway musical “Bye Bye Birdie” and went on to play Hymie the Robot on TV’s “Get Smart,” has died. He was 85. Gautier died Friday at an assisted liv- ing facility in Los Angeles County, his publicist Harlan Boll told The Associat- ed Press. Gautier, who started out as a standup comic, was nominated for a Tony for his stage turn as Conrad Birdie. “He was proud to be amongst those nominated for the Tony” for the role in 1961, Boll said in a statement. Boll said “it was when he played the character of Hymie the robot on Get Smart (a Mel Brooks and Buck Henry production) that he gained more notori- ety than ever.” In addition to his popular role on “Get Smart,” Gautier appeared in films in- cluding “Divorce, American Style,” “Bil- ly Jack Goes To Washington” and “Fun With Dick And Jane.” Gautier, who was also a cartoonist, worked as a voice actor for cartoons in- cluding “Transformers” and “Smurfs.” “Throughout his life, Dick was always painting, sculpting and drawing, Boll said. “One of the things he became par- ticularly good at was caricature.” He is survived by three children, four grandchildren and five great-grandchil- dren. ‘Get Smart’ actor Dick Gautier dead at 85 ASSOCIATED PRESS +Naples Daily News Monday, January 16, 2017 15A Best Happy Hour in Town 3-7PM 2 for 1 House Margarita RocksHouseMargaritaRocks Domestic Beer •WineDomesticBeer•Wine 15%OFF15%OFF Entire Check 7 Days a Week! Dine in only,not valid with other coupons, specials or discounts.One coupon per table.Must present your coupon before ordering.Expires 2/6/17 Valid 7 Days a WeekValid7DaysaWeek Dine in only,not valid with other coupons, specials or discounts.One coupon per table.Must present your coupon before ordering.Expires 2/6/17 Buy one lunch entrée get 2nd entrée FREE!FREE! with the purchase of 2 drinks from the #1-#17 menu items. Valid 7 Days a WeekValid7DaysaWeek Dine in only,not valid with other coupons, specials or discounts.One coupon per table.Must present your coupon before ordering.Expires 2/6/17 Buy one lunch entrée get 2nd entrée FREE!FREE! with the purchase of 2 drinks from the #1-#17 menu items. Now Serving Lunch Menu 7 Days a Week rrBeBe inin LiveMariachiMusic6:30- 8 : 3 0 pmEVERYWED&THURSNorthNaplesOnlyEVERYFRI&SATFortMyersOnly Li ve Mu sic at Co llie r Bl vd .Lo cati on with Frankie & Mar yellen Mon-Thurs 6-9pm LARGE VARIETY OF TEQUILASLARGEVARIETYOFTEQUILAS BEST MEXICAN RESTAURANT IN TOWNBESTMEXICANRESTAURANTINTOWN 11965 Collier Blvd.#1 Naples,FL 239-352-1242 26801 S.Ta miami Tr ail Bonita Springs,FL 239-948-9700 13040 Livingston Rd. Naples,FL 239-263-6788 13731 S.Ta miami Tr ail Fort Myers,FL 239-437-6660 www.senortequilaswfl.com $3.00$3.00 Well DrinksWellDrinks "!4 0&& (73.$#5%2 6#5’5/2 ,++’//31#’/2 )$3’/"-15#.-1’2 *33!/ 4 0&&#! 6+.8-?=#++=5+.)A1 <8)??!;)4=?5 .?"&?,;’8.=%5?@ 5*?;%8)*4,;’85?5 8.=*,?$%+45 *4,;’85?51 <+,,A@58)?.+-$8)%=8-/++="%))94-)?-7?.-?,1 <8)??!;)4=?5 <?85+.8)0:+)%=8A &?,;’8.=%5?1 3),5+:;8$)(;4$5,":50#’:<!!!/"))9!#&&2!%/)*" 8)1+$!:2+.&)*#95 -))9!#&&0)75+#),2 6,&= (2??@ 7+))%?,@ 7’8,)+--?@ :?.=,A >/)8=?5 7+4.-%?53 Yo u’re Invited Join Andrew for a luncheon and learn how to Invest in Fixed Income During Rising Interest Rates. To pics will include: Andrew DeVito Morgan Stanley ND-1435865 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Peter Pensa,representing Andrew Hupp of Epic Retail 41 Seminole,LLC,on: Tuesday,January 31,2017 at 5:30 p.m.at East Naples Branch Library (in the East Naples Meeting Room) 8787 Ta miami Trail East,Naples,FL 34113 Note:“The Collier County Public Library does not sponsor or endorse this program.” Subject Property:3608 Ta miami Tr ail E,Naples,located at the northwest corner of Ta miami Tr ail (US 41)and Seminole Avenue The property owner is petitioning Collier County to approve a conditional use application for the property to allow development of a 7,650 square foot auto parts store on the subject property. WE VALUE YO UR INPUT Business and property owners,residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Collier County staff.If you are unable to attend this meeting,but have questions or comments,they can be directed by mail,phone,or e-mail by March 3,2017 to: AVID Group ATTN:Peter Pensa,AICP 2300 Curlew Road,Suite 201 Palm Harbor,Florida 34683 (727)789-9500,ext.181 peter.pensa@avidgroup.com January 16,2017 ND-1442011 Deputies: Florida man confessed to killing ex-college professor MANATEE - Authorities say a man confessed to killing a former college professor and then robbing him after the man made sexual advances to- ward him. The Bradenton Herald reports that Manatee County deputies detailed 20-year-old Barry Joshua Baer’s con- fession in an arrest report. Baer told detectives Friday that 56-year-old Hollant Maxford Adrien was an ac- quaintance who had picked him up and driven him somewhere. Baer claimed Adrien started mak- ing sexual advances, at which point he pulled out a knife he carried for protection and stabbed the man in the neck, according to the report. Detec- tives say the two struggled outside the car, and Baer then hit Adrien at least 40 times in the head with a ham- mer. Adrien was a former French pro- fessor and had taught at Hamline University in St. Paul, Minnesota, and Wittenberg University in Springfield, Ohio. —Associated Press I N BRIEF Public Hearing Signs (installed 5/12/2017) Sign Face Sign on Tamiami Trail Sign on Seminole Ave Sign on Tamiami Lane