HEX Final Decision 2018-03 HEX NO. 2018 —03
HEARING EXAMINER DECISION
PETITION NO. ASW-PL20170003579 — RaceTrac Petroleum, Inc. requests a waiver from
the minimum required separation of 500 feet between facilities with fuel pumps pursuant
to Section 5.05.05 B of the Land Development Code, for property located on the northwest
corner of U.S. 41 and Shadowlawn Drive, in Section 11, Township 50 South, Range 25 East,
Collier County, Florida.
DATE OF HEARING: February 22, 2018
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
5.05.05 B.2 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
Several members of the public were in attendance; no one spoke in opposition. One email was
received by a resident south of this facility expressing concerns over traffic and pedestrian
safety.
The proposed fueling facility is on a corner diagonally across a six-lane arterial roadway from an
existing fueling facility separated by 315 feet. With fuel facilities on both opposing corners,
motorists on US 41 will have fuel options in both directions. At one time there were three
facilities with fuel pumps at this intersection. A third fueling facility, which was previously
demolished, existed directly across the arterial roadway from this proposed facility.
This application is for a facility with fuel pumps and will not engage in automobile repairs.
Access will be from the adjacent rights-of-way. The project proposes a full access at the
northern driveway on Shadowlawn Drive and a right-in/right-out southern driveway on
Shadowlawn Drive. A northbound left turn lane is proposed for the northern full access
driveway. An additional access on US 41 is also proposed as a right-in/right-out driveway. This
driveway consolidates four existing driveways on US 41 that access the property in its current
condition and is located as far from the Shadowlawn intersection as possible. In addition to
these driveway improvements, an interconnect with the existing ABC property will be provided,
allowing that property access to Shadowlawn Drive, improving flow, and reducing conflicts on
US 41.
The existing property includes two automobile service stations, one of which is operational
providing open repair bays. The existing office use has parking adjacent to the Shadowlawn
Drive right-of-way, with minimal buffering, directly across from the existing residential area.
RaceTrac will locate its fueling area and heavier traffic areas as far as possible from the existing
[17-CPS-01721/1400872/1]30 1 of 3
residential properties. Lighting will be full cutoff with flat lenses and not exceed 0.5 foot
candles at residential property lines. Canopies and pumps will be separated from residential
properties by the convenience store building and enhanced landscaping. A car wash is not
proposed and vacuum and air stations will be located along the US 41 frontage.
A market study was provided that included analysis of an area for a 5-minute drive time from the
proposed facility. Within this market area all existing fuel facilities were accounted for and the
analysis indicated a shortage of supply by 2,500,000 gallons annually. The study concluded that
even with RaceTrac's additional facilities, a supply shortage will remain.
DECISION:
Petition Number ASW-PL20170003579, filed by DeLisi Fitzgerald, Inc. representing RaceTrac
Petroleum, Inc., with respect to the property described in Exhibit "A", is hereby approved for a
waiver from the minimum separation of 500 feet between facilities with fuel pumps as required
by Section 5.05.05.B of the Land Development Code, to allow the construction of a proposed
RaceTrac facility with fuel pumps on a parcel with a boundary line within 315+/- feet of the
parcel boundary of an existing Kangaroo facility with fuel pumps, as depicted in the attached
Exhibit"B", and subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit"A"—Legal Description
Exhibit"B"—Aerial
LEGAL DESCRIPTION: See Exhibit"A".
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioner
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
[17-CPS-01721/1400872/1]30 2 of 3
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
3 - W - ig INIGJA, 247
Date Marl Strain, Hearing Examiner
Approved as to form and legality:
Scb A. Stone
Assistant County Attorney
[17-CPS-01721/1400872/1]30 3 of 3
DELIS! FITZGERALD, INC.
Planning-Engineering-Protect Management
Exhibit "A"
Legal Description
A PARCEL OF LAND LYING IN THE STATE OF FLORIDA, COUNTY OF COLLIER, SECTION
11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, BEING ALL OF PARCELS DESCRIBED IN
OFFICIAL RECORDS BOOK 3783, PAGE 2199, OFFICIAL RECORDS BOOK 1737, PAGE 463,
OFFICIAL RECORDS BOOK 3784, PAGE 1811 AND A PORTION OF THE PARCEL OF LAND
RECORDED IN OFFICIAL RECORDS BOOK 2095, PAGE 370 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. LESS THE RIGHT OF WAY TAKINGS DESCRIBED IN
OFFICIAL RECORDS BOOK 2403, PAGE 2369, OFFICIAL RECORDS BOOK 2403, PAGE 2372
AND OFFICIAL RECORDS BOOK 2403, PAGE 2376, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 36, NAPLES GROVES AND TRUCK CO'S
LITTLE FARMS No. 2, AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; THENCE S.00°01'49"E., ALONG THE EAST LINE OF SAID
LOT 36, FOR 1237.70 FEET; THENCE S.89°28'25"W., FOR A DISTANCE OF 5.00 FEET TO THE
NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID OFFICIAL RECORDS
BOOK 1737, PAGE 463, THE WEST RIGHT OF WAY OF SHADOWLAWN AVENUE, A 60 FOOT
RIGHT OF WAY AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE S.00°01'49"E., ALONG SAID WEST RIGHT OF WAY, FOR A DISTANCE
OF 408.99 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING
A RADIUS OF 29.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
87°41'09", A CHORD BEARING OF S.53°57'42"W., A CHORD LENGTH OF 40.87 FEET AND AN
ARC LENGTH OF 45.15 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF
TAMIAMI TRAIL EAST (STATE ROAD No. 90, U.S. 41), A VARIABLE WIDTH RIGHT OF WAY;
THENCE N.52°00'49"W., ALONG SAID NORTH RIGHT OF WAY, FOR A DISTANCE OF 390.93
FEET TO THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID
OFFICIAL RECORDS BOOK 3783, PAGE 2199; THENCE N.37°59'11"E. ALONG THE WEST
LINE OF SAID PARCEL, FOR A DISTANCE OF 105.00 FEET; THENCE N.74°40'51"E. FOR A
DISTANCE OF 20.00 FEET; THENCE S.49°33'12"E. FOR A DISTANCE OF 80.00 FEET TO THE
WEST LINE OF THE PARCEL OF LAND DESCRIBED IN SAID OFFICIAL RECORDS BOOK
1737, PAGE 463; THENCE N.00°10'21"W., ALONG SAID WEST LINE, FOR A DISTANCE OF
154.48 FEET TO THE NORTH LINE OF SAID PARCEL; THENCE N.89°28'25"E., ALONG SAID
NORTH LINE, FOR A DISTANCE OF 196.62 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 90,556 SQUARE FEET, OR 2.079 ACRES, MORE OR LESS.
1605 Hendry Street ° Fort Myers,FL 33901 . 239-418-0691 a 239-418-0692 fax
ro Exhibit "B"
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