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HEX Agenda 01/13/2022Collier County Hearing Examiner Page 1 Printed 1/6/2022 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 January 13, 2022 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Thomas.Clarke@CollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. January 2022 Collier County Hearing Examiner Page 2 Printed 1/6/2022 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. PETITION NO. DR-PL20210001617 – Burger King - A request for approval of a site plan with deviations from LDC section 4.06.02.C to reduce the required north landscape buffer from 10 feet to 5 feet, and the west landscape buffer from 15 feet to 10 feet, for the redevelopment of Burger King #7162, consisting of ±0.81 acres and located at 1011 Airport Road in Section 36, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Eric Ortman, Principal Planner] Commissioner District 4 4. Other Business 5. Public Comments 6. Adjourn 01/13/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: PETITION NO. DR-PL20210001617 – Burger King - A request for approval of a site plan with deviations from LDC section 4.06.02.C to reduce the required north landscape buffer from 10 feet to 5 feet, and the west landscape buffer from 15 feet to 10 feet, for the redevelopment of Burger King #7162, consisting of ±0.81 acres and located at 1011 Airport Road in Section 36, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Eric Ortman, Principal Planner] Commissioner District 4 Meeting Date: 01/13/2022 Prepared by: Title: Principal Planner – Zoning Name: Eric Ortman 12/20/2021 9:37 AM Submitted by: Title: – Zoning Name: Mike Bosi 12/20/2021 9:37 AM Approved By: Review: Zoning Mike Bosi Zoning Director Review Completed 12/20/2021 9:55 AM Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 12/20/2021 10:36 AM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 12/21/2021 2:09 PM Zoning Ray Bellows Review Item Completed 12/21/2021 6:01 PM Hearing Examiner Andrew Dickman Meeting Pending 01/13/2022 9:00 AM 3.A Packet Pg. 3 Burger King #7162 - DR-PL20210001617 Page 1 of 7 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 13, 2022 SUBJECT: BURGER KING #7162, SITE PLAN WITH DEVIATIONS, DR-PL20210001617 ______________________________________________________________________________ PROPERTY OWNER/AGENT: Applicant/Owner: Agent: Bravoflorida, LLC Robin Kendall 4220 Edison Lakes Parkway Bravoflorida, LLC 5269 Golden Gate Parkway 3018 U.S. Hwy. 301 N. Mishawaka, IN., 46545 Tampa, FL., 33619 REQUESTED ACTION: The applicant requests that the Collier County Hearing Examiner consider a Site Plan with Deviations for Redevelopment (DR) application for redevelopment of a Burger King (#7162) restaurant. To better facilitate this redevelopment project the petitioner requests approval of a site plan with deviations pursuant to LDC 10.02.03.F; and seeks one deviation from LDC 4.02.06.C, Table 2.4 to reduce the required width of the landscape buffer on the northern edge of the parcel from 10 feet to five (5) feet; and one deviation from LDC 4.02.06.C, Table 2.4 to reduce the required width of the landscape buffer on the western edge of the parcel from 15 feet to 10 feet. See Attachment A. GEOGRAPHIC LOCATION: The subject property (Parcel #00280480000) is ±0.81 acres and is located at 1011 Airport Road at the northeast quadrant of the intersection of Airport Road and Domestic Avenue approximately two-thirds of a mile north of the main entrance to the Naples Airport in Section 36, Township 49 South, Range 25 East, of Collier County, Florida (See location map page 2). 3.A.a Packet Pg. 4 Attachment: DR-PL20210001617 Burger King Staff Report (20877 : Burger King #7162 DR) Burger King #7162 - DR-PL20210001617 Page 2 of 7 3.A.a Packet Pg. 5 Attachment: DR-PL20210001617 Burger King Staff Report (20877 : Burger King #7162 DR) Burger King #7162 - DR-PL20210001617 Page 3 of 7 PURPOSE AND DESCRIPTION OF PROJECT: Burger King #7162 was originally built in 1991under Permit 91-5773 and SDP 91-24. Both Permit 91-5773 and SDP 91-24 permitted five (5) foot wide landscape buffers on the north and west side of the property as required by the LDC in effect at that time, 1982 LDC §8.03.e.1 and .2. (Attachment B; only a portion of SDP 91-24 is available.) The petitioner desires to demolish the existing Burger King and construct a new Burger King that is reflective of the current corporate image and standards, and that will improve the overall appearance of the property. The proposed DR site plan will occupy the same footprint as the current Burger King except for replacing the existing single drive-thru lane with a double drive-thru lane. The developer has secured an approved Administrative Parking Reduction (APR-PL20210002002) (Attachment C) that reduces the required parking by five (5) spaces, from 33 to 28. Justification for the APR included a parking study (Attachment D) of similar Burger King’s which concluded that sufficient parking space will be provided even with the addition of the second drive-thru lane. The existing Burger King was developed under the LDC (1982) in effect at that time. Code changes since then have changed required landscape buffers. To maintain the original footprint (except for the addition of a second drive-thru lane) the petitioner requests a site plan with deviations as shown in the Schedule of Deviations (Attachment E). The requested deviations are detailed xin the deviation section of this report; a summary is provided here. 1. Reduction of the buffer on the northern property line from 10 feet to five (5) feet. 2. Reduction of the buffer on the western property line from 15 feet to 10 feet. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property. The subject property is zoned Heavy Commercial (C-5). The subject property as well as all abutting properties are also in an Airport Overlay District for the Naples Airport: North: Developed commercial land zoned Heavy Commercial (C-5). East: Developed commercial land zoned Heavy Commercial (C-5). South: Developed commercial land zoned Heavy Commercial (C-5). West: City of Naples commercial use 3.A.a Packet Pg. 6 Attachment: DR-PL20210001617 Burger King Staff Report (20877 : Burger King #7162 DR) Burger King #7162 - DR-PL20210001617 Page 4 of 7 Collier County GIS APPLICANT’S JUSTIFICATIONS FOR REQUESTED DEVIATIONS: The petitioner is seeking two (2) deviations from the requirements of the Land Development Code (LDC). The deviations are listed below with staff analysis and recommendations. Proposed Deviation #1: (Reduced Landscape Buffer) Deviation 1 seeks a reduction in the required landscape buffer width on the northern edge of property from the 10 feet to 5 feet. Petitioner’s Justification: The existing Burger King was developed with a five foot landscape buffer on the norhtern edge of the property per code requirements at that time. Applicant is proposing to keep the five- foot landscape buffer. The applicant will also plant two additional 10-foot understory trees and 92 additional shrubs 24 inches in height within the buffer area to increase the opaqueness of the buffer. Staff Analysis and Recommendation: The existing Burger King was developed in accordance with the 1982 LDC which required a five-foot buffer on the northern property edge. The current LDC (§4.06.02.C.1) requires a 10-foot wide, Type A landscape buffer with trees spaced no more than 30 feet on center. To partially offset the reduced buffer, the applicant will plant two additional 10-foot understory trees and 92 Subject Property Subject Property 3.A.a Packet Pg. 7 Attachment: DR-PL20210001617 Burger King Staff Report (20877 : Burger King #7162 DR) Burger King #7162 - DR-PL20210001617 Page 5 of 7 additional shrubs 24 inches in height within the buffer area which will provide a degree of opaqueness above LDC requirements. The deviation will allow the new Burger King to be built consistent with its current corporate image and standards while staying, except for the second drive-thru lane, in the original footprint of the existing Burger King. Staff sees no detrimental impact to the surrounding area should the deviation be approved. Landscaping staff have agreed to the narrower buffer with additional plantings. Zoning Staff therefore recommends APPROVAL of this deviation as the applicant seeks to improve upon the existing site conditions which were first approved in 1991. Proposed Deviation #2: (Reduced Landscape Buffer) Deviation 2 seeks a reduction in the required landscape buffer width on the western edge of property from the 15 feet to 10 feet. Petitioner’s Justification: The current Burger King was developed with a five foot buffer on the western edge of the property in accordance with the LDC in effect at that time. Applicant is proposing to expand the existing buffer to 10 feet. In addtion, the applicant will plant one 10-foot understory tree and 116 ground cover plants within the buffer area. Staff Analysis and Recommendation: The existing Burger King was developed in accordance with the 1982 LDC which required a five-foot buffer on the western property edge. The current LDC (§4.06.02.C.1) requires a 15-foot wide, Type D landscape buffer with trees spaced no more than 30 feet on center and with a continuous three gallon double row hedge. The applicant is proposing to double the width of the existing buffer and partially offset current code requirements for width by planting one additional 10-foot understory tree and 116 ground cover plants above LDC requirements. The deviation will allow the new Burger King to be built consistent with its current corporate image and standards while staying within the footprint of the existing Burger King. In addition, if approved, the new buffer will be wider than the current buffer. Staff sees no detrimental impact to the surrounding area should the deviation be approved. Landscaping staff have agreed to the narrower buffer than currently required with additional plantings. Zoning Staff therefore recommends APPROVAL of this deviation as the applicant seeks to improve upon the existing site conditions which were first approved in 1991. STAFF ANALYSIS: Staff has reviewed the requested deviations against the established criteria for Site Plans with Deviations in LDC Section 10.02.03.F.7 and provides the following analysis. a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Staff has described the existing land use pattern in the “Surrounding Land Use and Zoning” portion of this report. The proposed deviations will not change the permitted land uses and densities of the project or surrounding area. 3.A.a Packet Pg. 8 Attachment: DR-PL20210001617 Burger King Staff Report (20877 : Burger King #7162 DR) Burger King #7162 - DR-PL20210001617 Page 6 of 7 b. The proposed development is consistent with the Growth Management Plan. Staff is of the opinion that the project, as proposed, is replacing like with like and will therefore remain consistent with the GMP specifically FLUE Policy 5.4. Staff is also of the opinion that the project, as proposed, is consistent with GMP FLUE Policy 5.6, as it is replacing like with like for a permitted use and will be complementary to the surrounding uses. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The proposed site plan deviations will permit redevelopment of an existing Burger King and will have no impact on permitted land uses and densities as the project is essentially replacing like with like. The additional plantings in the two buffers that the deviations are being sought for as well as expanding the width of the western buffer from what it is currently is will increase the overall aesthetic appeal of the location and surrounding area. d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The proposed deviations to the development will result in a small increase in landscaped area from what currently exists. As shown in traffic studies of similar Burger Kings, the approved APR will not negatively impact parking for the proposed development. The addition of a second drive-thru lane with allow more expedient customer service and will be in keeping with an industry shift to a greater degree of sales happening at the drive-thru lane(s) of fast-food restaurants. e. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. The landscape buffers are the sole deviation being sought in this petition and are appropriate for the use being considered as, if granted, one buffer will remain at five feet, one will increase from five to 10 feet and there will be additional plantings of understory trees, shrubs and ground cover. f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. There with be a small net increase in landscaped area from what is currently at the site. While this increase does not meet current code requirements, Zoning Staff is of the opinion that the proposed landscaping will be of better quality and aesthetic appeal than what currently exists, and that the additional plantings of understory trees, shrubs, and ground cover more than offset the decrease in landscaped area currently required by the LDC. In addition, the new Burger King will have a modernized exterior which will be of greater visual appeal than what currently exists. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. At the time of Site Development Plan Amendment and Building Permit processing, the proposed development improvement is subject to reliable and continuing maintenance requirements as well as standard confirmation and authorization of common ownership. h. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Staff finds that the deviations are clearly delineated and are the minimum required to achieve the goals of the redevelopment project. 3.A.a Packet Pg. 9 Attachment: DR-PL20210001617 Burger King Staff Report (20877 : Burger King #7162 DR) Burger King #7162 - DR-PL20210001617 Page 7 of 7 i. The petitioner has provided enhancements to the development. The deviations being requested as well as a new modernized building exterior will enhance the overall visual appeal of the project. The added drive-thru lane will allow the restaurant to stay current with the industry shift towards greater drive-thru sales improving its overall efficiency. j. Approval of the deviation will not have an adverse effect on adjacent properties. The deviations being requested are entirely on the petitioner’s property and will have a positive, visual impact on adjacent properties with no detrimental impacts. Landscape Review: As mentioned in the Staff Analysis and Recommendation for Deviation 1 and Deviation 2, staff sees no detrimental effects resulting from the approval of either deviation. There will be a small increase in total landscaped area, and additional plantings of understory trees, shrubs, and ground cover. The net result will be an overall increase in aesthetic appeal. Environmental Review: Environmental Planning staff has reviewed this petition. The request is to demolish the existing Burger King restaurant and build a new Burger King restaurant. Preservation of native vegetation is not required since the property has been developed and does not contain a preservation area or listed species. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site is not required to set aside a preserve area. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Burger King #7162, Site Plan with Deviations, DR-PL20210001617, with condition that deviations be limited to what is depicted on: 1. Site Plan with Deviations - Burger King #7162, Job number 7162, originally dated May 5, 2021 and last revised on October 12, 2021. 2. Landscape Plan - Burger King #7162, originally dated June 14, 2021, and last revised on October 14, 2021. Attachments: A. Site Plan with Deviations for Redevelopment (DR) and Landscape Plan B. Permit 91-5773 with Landscape Plan; SDP 91-24 1982 (partial); and 1982 LDC section 8.03.e.1 and .2 C. Administrative Parking Reduction (APR-PL20210002002) D. Parking Study in support of APR E. Schedule of Deviations F. Application and Backup Documents 3.A.a Packet Pg. 10 Attachment: DR-PL20210001617 Burger King Staff Report (20877 : Burger King #7162 DR) ATTACHMENT A Site Plan with Deviations and Landscape Plan 3.A.b Packet Pg. 11 Attachment: Attachment A Site Plan with Deviations and Landscape Plan (20877 : Burger King #7162 DR) 202010403.A.bPacket Pg. 12Attachment: Attachment A Site Plan with Deviations and Landscape Plan (20877 : Burger King #7162 DR) 4921 S. WESTSHORE BOULEVARDTAMPA, FLORIDA 33611(813) 831-9595 FAX 831-5485anderson.lesniak@tampabay.rr.comlandscape architectsANDERSON LESNIAK LIMITED, INC.land plannerswww.andersonlesniak.net3.A.b Packet Pg. 13 Attachment: Attachment A Site Plan with Deviations and Landscape Plan (20877 : Burger King #7162 DR) ATTACHMENT B Permit 91-5773 with Landscape Plan; SDP 91-24 1982 (partial); and 1982 LDC section 8.03.e.1 and .2 3.A.c Packet Pg. 14 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 15 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference 3.A.c Packet Pg. 16 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 17 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 18 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 19 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 20 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 21 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 22 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 23 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 24 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 25 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 26 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 27 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 28 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 29 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 30 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 31 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 32 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 33 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 34 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 35 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 36 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 37 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 38 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 39 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 40 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 41 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 42 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 43 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 44 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 45 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 46 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 47 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 48 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 49 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 50 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 51 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 52 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 53 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 54 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 55 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 56 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 57 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 58 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 59 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 60 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 61 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference 3.A.c Packet Pg. 62 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference 3.A.c Packet Pg. 63 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference 3.A.c Packet Pg. 64 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 65 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 66 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.c Packet Pg. 67 Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.cPacket Pg. 68Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) 3.A.cPacket Pg. 69Attachment: Attachment B Original Permit_Site and Landscape Plan_LDC Reference (20877 : Burger King #7162 DR) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliercountyfl.gov September 13th, 2021 Robin Kendall Bravoflorida, LLC 3018 US Hwy 301 N Tampa, FL 33619 APR-PL20210002002. Administrative Parking Reduction (APR) for the Burger King fast food restaurant located at 1011 Airport Pulling Rd. in Section 36, Township 49, Range 25 of unincorporated Collier County, Florida. Property ID/Folio Number: 00280480000. Robin Kendall, You have applied for an Administrative Parking Reduction (APR) to allow for the subject property to eliminate 5 of the 33-total parking spaces required for the site update. This reduction calculates out to a 15.15% of the required parking for which you have submitted justification for a parking reduction the form of a narrative letter and parking study for which staff has reviewed for applicability. Submittal Documents: Completed APR application; Cover letter; Addressing Checklist; Proposed Site development Plan (SDP); Boundary Survey; Parking Study; and Property Ownership Disclosure Form. Zoning: The current official zoning atlas, an element of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended, reveals the subject property is located within the Heavy Commercial District (C-5): • North – Heavy Commercial (C-5) • South– Domestic ROW/ Heavy Commercial (C-5) • East – Heavy Commercial (C-5) • West – Airport Rd N. ROW/ City of Naples Review Criteria: LDC subsection 4.05.04 F.4 states: “The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below of for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare.” 3.A.d Packet Pg. 70 Attachment: Attachment C APR-PL20210002002 (20877 : Burger King #7162 DR) Administrative Parking Reduction APR-PL20210002002 Page 2 of 2 Findings/Conclusion: Staff has reviewed the Parking Generation Study for the subject property as well as the parking generation studies for similar Burger King’s Restaurant in Ft. Myers, FL provided by the applicant and have determined the following. The proposed redevelopment calls for a reduction in parking to a total of 28 parking spaces to have the space to convert the existing single lane drive through into a side-by-side double drive through. Furthermore, the information regarding similar Burger King Restaurants found that based on their observation a parking calculation of 5.97 spaces per 1000 square feet would be sufficient. Based on this calculation and the existing floor area of the restaurant (3349 sqft) the required parking would be 20 spaces which is exceeded by the proposed plan. Based on the information provided it is the opinion of zoning staff that the applicant has provided enough justification in the narrative letter to find that all elements of LDC Section 4.05.04 F.2 have been satisfied. Approval: Given the information you have provided, I hereby approve the subject APR request to allow for a parking reduction of 5 off-street parking spaces from the parking requirement established by LDC Section 4.05.04 G., Table 17. This approval is subject to the following: A. Approval of this Administrative Parking Reduction is largely predicated on the information outlined above and the evidence presented in the application request. Any substantial changes to the facilities shall necessitate a re-review of this parking reduction which may result in the need for additional parking spaces to be provided. B. This APR and the referenced parking summary/tabulation must be referenced as part of any SDP or any future amendment or insubstantial change as required by Code. C. If at any time Collier County officials determine insufficient parking exists to safely support the subject manufacturing/office/retail establishment, the applicant/owner must act to alleviate the problem by any means necessary. D. Approval of this APR is further predicated on SDPA approval and satisfaction of all permits required by both the LDC and the Florida Building Code. If you should have any questions, please do not hesitate to contact me. Sincerely, Ray Bellows Zoning Manager Zoning Division 3.A.d Packet Pg. 71 Attachment: Attachment C APR-PL20210002002 (20877 : Burger King #7162 DR) 3.A.d Packet Pg. 72 Attachment: Attachment C APR-PL20210002002 (20877 : Burger King #7162 DR) 3.A.d Packet Pg. 73 Attachment: Attachment C APR-PL20210002002 (20877 : Burger King #7162 DR) LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 49S RNG 25E SEC(S) 36 NO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!ENTERPRISE AVENUEAIRPORT-PULLING ROAD (C.R.-31)2 DOMESTIC AVENUE P.U."b"1 C-5 36 2 1 V 4 1 INDUSTRIAL BOULEVARDPARCEL 36B1.53 AC. 3 3 3 32 3 3 3 3 1 1 POWER STREET5 4 4 4 4 PROGRESS AVENUE MERCANTILE AVENUE ARNOLD AVENUE 55 5 5 6V CONDOSQUARE IIRESTORERSANTIQUE&CLASSIC MERCANTILE AVENUE 32 1 4 57 56 55 54535251 ENTERPRISE AVE PH 2 PH I 32 CONDOCOM BLDGBLIVENVOSS- PROGRESS AVENUE DOMESTIC AVENUE 1 2 3 4 INVESTMENTSJ.K.R. C 2 BLDG. CONDOHDA IND. 39 38 B B BLVD. CONDOINDUSTRIAL1068 36 KRAFT DIESELALLIED MANNS BROS.GRAVES ELEPHANTWHITE H & AJACKSON WINDOWEVERGLADES PH I CONDO SECURITY BARNELECTRICCOLLIER GOLD KEY 9 8 6 5 PH IIDEAN STREET34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 16151413121110987654321 3736353433313029282726252423222120191817161514131211109876543 2 1 ARNOLD AVENUE CONDOSQUARERESTORERSANTIQUE&CLASSIC 1 2 3 COMMERCIAL BOULEVARD2 2 2 7V V 8 9CU PARCEL HPARCEL GPARCEL EPARCEL DPARCEL IPARCEL L6 6 6 6 66 6 6 6 6 6 6 6 6 WAREHOUSES PROD. 70-65LDN 2,10,12ZONE C - 2,10,12ZONE D - 65-60LDN 1 2 7 7 7 7 WALKER'S BUILDERS SUPPLY ST/W-4 13 88 8 8 8 LOT 2 LOT 1 TAMIAMI FORD 14DR 14DR I DR15 LIVINGSTON ROAD$NO. NAME P.B Pg. 1 NAPLES IND. PARK, LTD. UNRECORDED2 NAPLES PROD. PARK UNRECORDED3 C. C. PROD. PARK PHASE 3A 22 59-604 PROGRESS/COMMERCIAL PARK 26 30-315 MILLER INDUSTRIAL PARK 26 38-396 LEMAE INDUSTRIAL PARK 34 85-867 GERALD R. FINEIS SUBDIVISION 41 958 HIDEAWAY STORAGE / DOMESTIC 49 33-34910 NO. NAME P.B Pg. 11121314151617181920 INDICATES SPECIAL TREATMENT OVERLAY 9536N 9536S9535N 9631N9525S INDICATES AIRPORT NOISE BOUNDARYThe Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.ZONING NOTES1 11-22-85 PU-85-18C (EXPIRED)2 5-22-91 ZO-90-21 91-403 DELETED4 8-4-92 V-92-17 92-4165 10-24-95 LDC-95-3 95-556 8-13-96 V-95-28 96-3747 3-23-99 V-99-1 99-1798 11-9-99 V-99-18 99-4139 9-14-99 CU-99-13 99-35610 6-14-00 LDC-00-4311 1-8-03 LDC ORD. 03-0112 2-11-04 LDC 04-0813 9-25-12 LDC ORD. 12-3814 2-26-15 DR-PL-14-2448 HEX 15-0715 3-24-17 DR-PL-16-1391 HEX 17-09!!!!!!!!!!!0 400 SCALE THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. ALL PROPERTY SHOWN ON THIS MAP IS WITHIN AIRPORT OVERLAY(REFER TO APPENDIX D OF THE LDC)11/12/193.A.d Packet Pg. 74 Attachment: Attachment C APR-PL20210002002 (20877 : Burger King #7162 DR) ADMINISTRATIVE PARKING REDUCTION NARRATIVE Bravoflorida, LLC is proposing to demolish the existing Burger King Restaurant and build a new restaurant with a double drive thru and associated infrastructure improvements on a 0.81 acre parcel whose address is 1011 Airport Pulling Road, Naples, Florida. In accordance with LDC subsection 4.05.04 F.2 Chapter 6 B. of the Administrative Code we are requesting a reduction of the required parking for this site, from 33 spaces to 28 spaces. Bravoflorida, LLC are the owners and operators of over 100 Burger King Restaurants in Florida and based on sales reports we have found that 65%‐70% of our customers utilize the drive‐thru window for their orders. The results of a Parking Study of three of our Burger King Restaurants in south Florida, prepared by Raysor Transportation (copy attached) show that 5.97 spaces per 1,000 square feet of building area provides enough parking. (5.97 x 3.349 = 20 spaces) Below are parking requirements within other municipalities. Municipality Parking Required (For 3,349 SF Bldg.)  Alachua County: 20 Spaces  City of Belle Glade: 20 Spaces  City of Lake Placid: 29 Spaces  Sarasota County: 13 Spaces  City of Ft. Myers: 30 Spaces 3.A.d Packet Pg. 75 Attachment: Attachment C APR-PL20210002002 (20877 : Burger King #7162 DR) 202010403.A.dPacket Pg. 76Attachment: Attachment C APR-PL20210002002 (20877 : Burger King #7162 DR) RAYSOR Transportation Consulting TECHNICAL MEMORANDUM 19046 Bruce B. Downs Blvd, Suite 308 ● Tampa, FL 33647 ● (813) 625-1699 ● (813) 413-7432 fx TO: BravoFlorida, LLC FROM: Michael D. Raysor, P.E. RAYSOR Transportation Consulting, LLC SUBJECT: Burger King Parking Demand Study Lee County, Florida DATE: April 18, 2019 SECTION 1.0 INTRODUCTION This technical memorandum documents a study performed to evaluate parking demand associated with Burger King restaurants having dual “side-by-side” (SBS) drive-thru ordering stations. This study was undertaken specifically to evaluate the proposed development of a Burger King restaurant site to be located at 21301 Town Commons Drive, in Estero, Florida; however, the data, analysis, and findings identified herein can be applied to other similarly situated Burger King sites having SBS ordering stations with other characteristics similar to the study sites. SECTION 2.0 STUDY SITES Parking demand observations were conducted at three comparable Burger King sites, located in Lee County, Florida, each having SBS ordering stations; as listed below and shown in Figures 1.0 through 4.0.  STUDY SITE A: 4011 DEL PRADO BLVD NORTH, NORTH FORT MYERS, FLORIDA, 33917  STUDY SITE B: 4004 CLEVELAND AVENUE, FORT MYERS, FLORIDA, 33901  STUDY SITE C: 10997 COLONIAL BOULEVARD, FORT MYERS, FLORIDA, 33913 3.A.e Packet Pg. 77 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) RAYSOR Transportation Consulting 19046 Bruce B. Downs Blvd, Suite 308 ● Tampa, FL 33647 ● (813) 625-1699 ● (813) 413-7432 fx . PAGE 2 of 7 STUDY SITE A STUDY SITE C STUDY SITE B FIGURE 1.0 STUDY SITES MAP 3.A.e Packet Pg. 78 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) RAYSOR Transportation Consulting 19046 Bruce B. Downs Blvd, Suite 308 ● Tampa, FL 33647 ● (813) 625-1699 ● (813) 413-7432 fx . PAGE 3 of 7 FIGURE 2.0 STUDY SITE A: 4011 DEL PRADO BLVD NORTH 3.A.e Packet Pg. 79 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) RAYSOR Transportation Consulting 19046 Bruce B. Downs Blvd, Suite 308 ● Tampa, FL 33647 ● (813) 625-1699 ● (813) 413-7432 fx . PAGE 4 of 7 FIGURE 3.0 STUDY SITE B: 4004 CLEVELAND AVENUE 3.A.e Packet Pg. 80 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) RAYSOR Transportation Consulting 19046 Bruce B. Downs Blvd, Suite 308 ● Tampa, FL 33647 ● (813) 625-1699 ● (813) 413-7432 fx . PAGE 5 of 7 FIGURE 4.0 STUDY SITE C: 10997 COLONIAL BOULEVARD 3.A.e Packet Pg. 81 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) RAYSOR Transportation Consulting 19046 Bruce B. Downs Blvd, Suite 308 ● Tampa, FL 33647 ● (813) 625-1699 ● (813) 413-7432 fx . PAGE 6 of 7 Vehicles Rate per KSF Vehicles Rate per KSF Breakfast 9.60 2.87 11.00 Lunch 15.63 4.67 20.00 Breakfast 10.33 2.76 14.00 Lunch 15.60 4.17 20.00 Breakfast 11.00 2.89 13.00 Lunch 16.45 4.33 19.00 Breakfast 10.31 2.84 12.67 Lunch 15.89 4.39 19.67 Average Parking Demand Study Site Study Period Maximum Parking Demand A B C Combination of Sites 3.48 5.44 3.28 5.97 3.75 5.35 3.42 5.00 SECTION 3.0 PARKING DEMAND OBSERVATIONS Parking demand was observed at the three study sites during weekday breakfast and lunch periods, where these periods were identified by the applicant as the worst-case (busiest) periods for counter service. Three days of data were collected at each of the study sites for the breakfast period (7:30 am to 9:30 am) and for the lunch period (11:30 am to 1:30 pm). Parking demand was measured in 5 minute intervals, with the observed number of parked vehicles at each 5 minute mark being recorded. The parking data was converted to a parking rate per 1,000 square feet of building size, consistent with industry standards of practice. The parking demand observations are documented in Attachment “A”, as summarized in Table 1.0. TABLE 1.0 PARKING DEMAND SUMMARY 3.A.e Packet Pg. 82 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) RAYSOR Transportation Consulting 19046 Bruce B. Downs Blvd, Suite 308 ● Tampa, FL 33647 ● (813) 625-1699 ● (813) 413-7432 fx . PAGE 7 of 7 SECTION 4.0 PARKING DEMAND RESULTS As shown in Table 1.0, the results of this study indicate an average parking demand rate of 2.84 spaces per ksf during the breakfast period and 4.39 spaces per ksf during the lunch period (inclusive of ADA spaces). The average maximum parking demand was identified as 3.48 spaces per ksf during the breakfast period and 5.44 spaces per ksf during the lunch period (inclusive of ADA spaces). The maximum parking demand rate observed at any site was found to be 5.97 spaces per ksf (inclusive of ADA spaces). SECTION 5.0 ESTERO BURGER KING SITE The site plan for the Burger King restaurant planned for development at 21301 Town Commons Drive, in Estero, Florida is shown in Figure 5.0; where the size of the proposed building is identified as 3,349 square feet. Application of the worst-case parking demand rate as identified above (i.e., 5.97 spaces per ksf) to the subject site results in the identification of the need for 20 parking spaces [calculated as 5.97 x 3.349 = 19.99]. As shown in Figure 5.0, the subject Estero Burger King site is planned to include 35 parking spaces (including 2 ADA spaces), which exceeds the referenced needed 20 spaces by 75%. Therefore, pursuant to the results identified herein, it can be anticipated that the site design will provide adequate parking. FIGURE 5.0 ESTERO BURGER KING SITE PLAN 3.A.e Packet Pg. 83 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) Location: 4011 DEL PRADO BLVD NORTH, NORTH FORT MYERS Date: TUESDAY, MARCH 26, 2019 Parking Observations RAYSOR Transportation Consulting Total ADA Non-ADA Total ADA Non-ADA 7:30 AM 5 0 5 11:30 AM 14 1 13 7:35 AM 7 2 5 11:35 AM 16 2 14 7:40 AM 11 2 9 11:40 AM 16 2 14 7:45 AM 10 2 8 11:45 AM 16 1 15 7:50 AM 11 2 9 11:50 AM 17 2 15 7:55 AM 10 1 9 11:55 AM 17 2 15 8:00 AM 11 2 9 12:00 PM 17 2 15 8:05 AM 11 2 9 12:05 PM 16 2 14 8:10 AM 10 2 8 12:10 PM 16 2 14 8:15 AM 11 2 9 12:15 PM 17 2 15 8:20 AM 11 1 10 12:20 PM 17 2 15 8:25 AM 11 1 10 12:25 PM 16 1 15 8:30 AM 11 1 10 12:30 PM 14 1 13 8:35 AM 11 1 10 12:35 PM 15 1 14 8:40 AM 10 1 9 12:40 PM 16 2 14 8:45 AM 10 1 9 12:45 PM 17 2 15 8:50 AM 10 2 8 12:50 PM 17 2 15 8:55 AM 10 2 8 12:55 PM 15 2 13 9:00 AM 10 2 8 1:00 PM 15 2 13 9:05 AM 9 2 7 1:05 PM 15 2 13 9:10 AM 10 2 8 1:10 PM 15 2 13 9:15 AM 8 1 7 1:15 PM 13 2 11 9:20 AM 9 1 8 1:20 PM 14 2 12 9:25 AM 8 1 7 1:25 PM 13 1 12 9:30 AM 8 1 7 1:30 PM 12 2 10 ATTACHMENT "A" ATTACHMENT A - 1 of 9 3.A.e Packet Pg. 84 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) Location: 4011 DEL PRADO BLVD NORTH, NORTH FORT MYERS Date: WEDNESDAY, MARCH 27, 2019 Parking Observations RAYSOR Transportation Consulting Total ADA Non-ADA Total ADA Non-ADA 7:30 AM 8 0 8 11:30 AM 15 1 14 7:35 AM 8 0 8 11:35 AM 15 1 14 7:40 AM 9 1 8 11:40 AM 17 1 16 7:45 AM 11 1 10 11:45 AM 15 0 15 7:50 AM 11 1 10 11:50 AM 15 0 15 7:55 AM 11 1 10 11:55 AM 15 0 15 8:00 AM 11 1 10 12:00 PM 15 0 15 8:05 AM 11 1 10 12:05 PM 16 0 16 8:10 AM 11 1 10 12:10 PM 17 1 16 8:15 AM 11 2 9 12:15 PM 17 1 16 8:20 AM 11 2 9 12:20 PM 18 2 16 8:25 AM 11 2 9 12:25 PM 16 2 14 8:30 AM 11 2 9 12:30 PM 16 2 14 8:35 AM 11 2 9 12:35 PM 17 2 15 8:40 AM 10 2 8 12:40 PM 20 2 18 8:45 AM 11 2 9 12:45 PM 19 2 17 8:50 AM 11 1 10 12:50 PM 16 1 15 8:55 AM 11 1 10 12:55 PM 14 1 13 9:00 AM 9 1 8 1:00 PM 14 1 13 9:05 AM 11 1 10 1:05 PM 15 2 13 9:10 AM 11 1 10 1:10 PM 15 2 13 9:15 AM 10 0 10 1:15 PM 15 2 13 9:20 AM 9 0 9 1:20 PM 14 2 12 9:25 AM 10 1 9 1:25 PM 13 2 11 9:30 AM 10 1 9 1:30 PM 16 2 14 ATTACHMENT "A" ATTACHMENT A - 2 of 9 3.A.e Packet Pg. 85 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) Location: 4011 DEL PRADO BLVD NORTH, NORTH FORT MYERS Date: THURSDAY, MARCH 28, 2019 Parking Observations RAYSOR Transportation Consulting Total ADA Non-ADA Total ADA Non-ADA 7:30 AM 7 1 6 11:30 AM 14 1 13 7:35 AM 7 1 6 11:35 AM 14 1 13 7:40 AM 7 1 6 11:40 AM 14 1 13 7:45 AM 9 1 8 11:45 AM 12 1 11 7:50 AM 9 1 8 11:50 AM 16 2 14 7:55 AM 10 2 8 11:55 AM 18 2 16 8:00 AM 8 2 6 12:00 PM 15 2 13 8:05 AM 9 2 7 12:05 PM 18 2 16 8:10 AM 10 2 8 12:10 PM 18 2 16 8:15 AM 10 2 8 12:15 PM 17 1 16 8:20 AM 10 2 8 12:20 PM 17 1 16 8:25 AM 8 0 8 12:25 PM 15 1 14 8:30 AM 10 0 10 12:30 PM 14 1 13 8:35 AM 9 1 8 12:35 PM 15 1 14 8:40 AM 9 1 8 12:40 PM 15 1 14 8:45 AM 9 1 8 12:45 PM 15 1 14 8:50 AM 9 1 8 12:50 PM 17 1 16 8:55 AM 8 1 7 12:55 PM 17 1 16 9:00 AM 8 1 7 1:00 PM 16 2 14 9:05 AM 10 1 9 1:05 PM 17 2 15 9:10 AM 10 1 9 1:10 PM 17 2 15 9:15 AM 7 1 6 1:15 PM 17 2 15 9:20 AM 8 1 7 1:20 PM 15 2 13 9:25 AM 8 1 7 1:25 PM 15 2 13 9:30 AM 9 1 8 1:30 PM 13 2 11 ATTACHMENT "A" ATTACHMENT A - 3 of 9 3.A.e Packet Pg. 86 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) Location: 4004 CLEVELAND AVENUE, FORT MYERS Date: TUESDAY, MARCH 26, 2019 Parking Observations RAYSOR Transportation Consulting Total ADA Non-ADA Total ADA Non-ADA 7:30 AM 10 1 9 11:30 AM 11 0 11 7:35 AM 10 1 9 11:35 AM 11 0 11 7:40 AM 10 1 9 11:40 AM 15 1 14 7:45 AM 11 2 9 11:45 AM 16 1 15 7:50 AM 10 2 8 11:50 AM 16 1 15 7:55 AM 10 2 8 11:55 AM 15 1 14 8:00 AM 11 2 9 12:00 PM 18 1 17 8:05 AM 11 2 9 12:05 PM 18 1 17 8:10 AM 10 1 9 12:10 PM 19 1 18 8:15 AM 11 1 10 12:15 PM 20 2 18 8:20 AM 11 1 10 12:20 PM 20 2 18 8:25 AM 12 1 11 12:25 PM 20 2 18 8:30 AM 9 1 8 12:30 PM 18 2 16 8:35 AM 10 0 10 12:35 PM 18 2 16 8:40 AM 11 1 10 12:40 PM 19 1 18 8:45 AM 12 2 10 12:45 PM 17 1 16 8:50 AM 13 2 11 12:50 PM 15 0 15 8:55 AM 13 2 11 12:55 PM 15 0 15 9:00 AM 13 2 11 1:00 PM 19 2 17 9:05 AM 10 2 8 1:05 PM 18 2 16 9:10 AM 10 2 8 1:10 PM 17 2 15 9:15 AM 10 2 8 1:15 PM 16 2 14 9:20 AM 8 1 7 1:20 PM 13 1 12 9:25 AM 9 1 8 1:25 PM 13 1 12 9:30 AM 8 1 7 1:30 PM 10 1 9 ATTACHMENT "A" ATTACHMENT A - 4 of 9 3.A.e Packet Pg. 87 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) Location: 4004 CLEVELAND AVENUE, FORT MYERS Date: WEDNESDAY, MARCH 27, 2019 Parking Observations RAYSOR Transportation Consulting Total ADA Non-ADA Total ADA Non-ADA 7:30 AM 9 1 8 11:30 AM 12 0 12 7:35 AM 8 1 7 11:35 AM 12 0 12 7:40 AM 8 1 7 11:40 AM 10 0 10 7:45 AM 7 1 6 11:45 AM 12 1 11 7:50 AM 9 1 8 11:50 AM 12 1 11 7:55 AM 10 1 9 11:55 AM 13 1 12 8:00 AM 10 1 9 12:00 PM 16 1 15 8:05 AM 12 2 10 12:05 PM 16 1 15 8:10 AM 12 2 10 12:10 PM 16 1 15 8:15 AM 12 2 10 12:15 PM 16 1 15 8:20 AM 11 2 9 12:20 PM 16 1 15 8:25 AM 9 2 7 12:25 PM 16 1 15 8:30 AM 12 2 10 12:30 PM 15 2 13 8:35 AM 12 2 10 12:35 PM 17 2 15 8:40 AM 11 1 10 12:40 PM 16 2 14 8:45 AM 13 1 12 12:45 PM 13 2 11 8:50 AM 12 1 11 12:50 PM 14 2 12 8:55 AM 12 1 11 12:55 PM 17 2 15 9:00 AM 13 1 12 1:00 PM 16 1 15 9:05 AM 11 1 10 1:05 PM 16 1 15 9:10 AM 8 0 8 1:10 PM 13 1 12 9:15 AM 10 2 8 1:15 PM 17 2 15 9:20 AM 9 2 7 1:20 PM 14 2 12 9:25 AM 9 2 7 1:25 PM 14 2 12 9:30 AM 9 2 7 1:30 PM 13 2 11 ATTACHMENT "A" ATTACHMENT A - 5 of 9 3.A.e Packet Pg. 88 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) Location: 4004 CLEVELAND AVENUE, FORT MYERS Date: THURSDAY, MARCH 28, 2019 Parking Observations RAYSOR Transportation Consulting Total ADA Non-ADA Total ADA Non-ADA 7:30 AM 8 2 6 11:30 AM 12 1 11 7:35 AM 10 2 8 11:35 AM 15 1 14 7:40 AM 10 2 8 11:40 AM 15 1 14 7:45 AM 10 2 8 11:45 AM 15 1 14 7:50 AM 10 2 8 11:50 AM 17 1 16 7:55 AM 9 2 7 11:55 AM 15 1 14 8:00 AM 9 2 7 12:00 PM 17 1 16 8:05 AM 10 2 8 12:05 PM 18 2 16 8:10 AM 11 2 9 12:10 PM 19 2 17 8:15 AM 11 2 9 12:15 PM 19 2 17 8:20 AM 10 2 8 12:20 PM 18 2 16 8:25 AM 12 2 10 12:25 PM 18 2 16 8:30 AM 12 2 10 12:30 PM 16 2 14 8:35 AM 12 2 10 12:35 PM 16 2 14 8:40 AM 13 2 11 12:40 PM 16 1 15 8:45 AM 11 2 9 12:45 PM 16 1 15 8:50 AM 11 2 9 12:50 PM 17 1 16 8:55 AM 11 2 9 12:55 PM 17 1 16 9:00 AM 13 2 11 1:00 PM 17 1 16 9:05 AM 14 2 12 1:05 PM 17 1 16 9:10 AM 10 2 8 1:10 PM 14 0 14 9:15 AM 8 0 8 1:15 PM 14 0 14 9:20 AM 8 0 8 1:20 PM 15 1 14 9:25 AM 5 0 5 1:25 PM 15 1 14 9:30 AM 6 0 6 1:30 PM 13 1 12 ATTACHMENT "A" ATTACHMENT A - 6 of 9 3.A.e Packet Pg. 89 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) Location: 10997 COLONIAL BOULEVARD, FORT MYERS Date: TUESDAY, MARCH 26, 2019 Parking Observations RAYSOR Transportation Consulting Total ADA Non-ADA Total ADA Non-ADA 7:30 AM 9 0 9 11:30 AM 17 1 16 7:35 AM 9 0 9 11:35 AM 17 1 16 7:40 AM 11 2 9 11:40 AM 19 1 18 7:45 AM 12 2 10 11:45 AM 19 1 18 7:50 AM 11 2 9 11:50 AM 17 1 16 7:55 AM 11 2 9 11:55 AM 19 1 18 8:00 AM 10 2 8 12:00 PM 18 1 17 8:05 AM 9 1 8 12:05 PM 17 0 17 8:10 AM 9 1 8 12:10 PM 14 0 14 8:15 AM 11 2 9 12:15 PM 14 0 14 8:20 AM 11 2 9 12:20 PM 14 0 14 8:25 AM 11 2 9 12:25 PM 17 2 15 8:30 AM 13 2 11 12:30 PM 17 2 15 8:35 AM 13 2 11 12:35 PM 17 2 15 8:40 AM 13 2 11 12:40 PM 16 2 14 8:45 AM 10 1 9 12:45 PM 15 2 13 8:50 AM 10 1 9 12:50 PM 16 2 14 8:55 AM 10 1 9 12:55 PM 16 2 14 9:00 AM 10 1 9 1:00 PM 14 0 14 9:05 AM 11 1 10 1:05 PM 14 0 14 9:10 AM 11 1 10 1:10 PM 16 0 16 9:15 AM 10 1 9 1:15 PM 16 0 16 9:20 AM 11 1 10 1:20 PM 16 0 16 9:25 AM 10 0 10 1:25 PM 17 1 16 9:30 AM 9 0 9 1:30 PM 15 1 14 ATTACHMENT "A" ATTACHMENT A - 7 of 9 3.A.e Packet Pg. 90 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) Location: 10997 COLONIAL BOULEVARD, FORT MYERS Date: WEDNESDAY, MARCH 27, 2019 Parking Observations RAYSOR Transportation Consulting Total ADA Non-ADA Total ADA Non-ADA 7:30 AM 7 0 7 11:30 AM 18 1 17 7:35 AM 7 1 6 11:35 AM 18 1 17 7:40 AM 11 1 10 11:40 AM 17 1 16 7:45 AM 12 1 11 11:45 AM 18 1 17 7:50 AM 12 1 11 11:50 AM 17 1 16 7:55 AM 12 1 11 11:55 AM 17 1 16 8:00 AM 13 2 11 12:00 PM 18 1 17 8:05 AM 12 2 10 12:05 PM 17 1 16 8:10 AM 12 2 10 12:10 PM 18 1 17 8:15 AM 12 2 10 12:15 PM 18 2 16 8:20 AM 12 2 10 12:20 PM 18 2 16 8:25 AM 12 2 10 12:25 PM 18 2 16 8:30 AM 11 1 10 12:30 PM 18 2 16 8:35 AM 13 1 12 12:35 PM 17 2 15 8:40 AM 13 1 12 12:40 PM 15 1 14 8:45 AM 10 1 9 12:45 PM 15 1 14 8:50 AM 12 2 10 12:50 PM 17 1 16 8:55 AM 13 2 11 12:55 PM 18 1 17 9:00 AM 13 2 11 1:00 PM 18 2 16 9:05 AM 10 2 8 1:05 PM 17 2 15 9:10 AM 10 2 8 1:10 PM 17 2 15 9:15 AM 9 1 8 1:15 PM 17 2 15 9:20 AM 8 0 8 1:20 PM 17 2 15 9:25 AM 9 1 8 1:25 PM 16 1 15 9:30 AM 12 1 11 1:30 PM 16 1 15 ATTACHMENT "A" ATTACHMENT A - 8 of 9 3.A.e Packet Pg. 91 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) Location: 10997 COLONIAL BOULEVARD, FORT MYERS Date: THURSDAY, MARCH 28, 2019 Parking Observations RAYSOR Transportation Consulting Total ADA Non-ADA Total ADA Non-ADA 7:30 AM 9 1 8 11:30 AM 15 1 14 7:35 AM 11 1 10 11:35 AM 15 1 14 7:40 AM 11 1 10 11:40 AM 15 1 14 7:45 AM 11 1 10 11:45 AM 17 1 16 7:50 AM 12 2 10 11:50 AM 17 1 16 7:55 AM 12 2 10 11:55 AM 17 1 16 8:00 AM 13 2 11 12:00 PM 17 1 16 8:05 AM 11 2 9 12:05 PM 17 1 16 8:10 AM 11 2 9 12:10 PM 18 1 17 8:15 AM 11 2 9 12:15 PM 17 2 15 8:20 AM 11 2 9 12:20 PM 17 2 15 8:25 AM 12 2 10 12:25 PM 17 2 15 8:30 AM 12 2 10 12:30 PM 17 2 15 8:35 AM 12 2 10 12:35 PM 17 2 15 8:40 AM 12 2 10 12:40 PM 16 2 14 8:45 AM 12 2 10 12:45 PM 18 2 16 8:50 AM 11 1 10 12:50 PM 17 1 16 8:55 AM 11 1 10 12:55 PM 17 1 16 9:00 AM 11 1 10 1:00 PM 16 1 15 9:05 AM 11 1 10 1:05 PM 15 0 15 9:10 AM 11 1 10 1:10 PM 13 1 12 9:15 AM 13 2 11 1:15 PM 13 1 12 9:20 AM 10 2 8 1:20 PM 13 1 12 9:25 AM 10 2 8 1:25 PM 15 1 14 9:30 AM 12 2 10 1:30 PM 11 0 11 ATTACHMENT "A" ATTACHMENT A - 9 of 9 3.A.e Packet Pg. 92 Attachment: Attachment D Parking Study (20877 : Burger King #7162 DR) Page 3 of 4 LIST OF REQUESTED DEVIATIONS FROM LDC DR‐PL20210001617 BURGER KING #7162 1011 Airport Pulling Road Naples, Florida 34104 August 9, 2021 Revised November 15, 2021 Deviation 1: Deviation from LDC 4.06.02 C, which requires a 10‐foot Type A landscape buffer parallel to the north property line, to instead allow a 5‐foot landscape buffer. We will provide two additional 10’ understory trees above code requirements and provide 92 shrubs, 24” high, within the buffer area. The limited width of the property requires relief from the current Land Development Code to redevelop the site and bring it into current Burger King Corporate standards and create a more aesthetically pleasing development for our customers and the surrounding area. JUSTIFICATION: The previously permitted Burger King Plans, (SDP#91‐24) allowed the north landscape buffer to be 5‐foot. We are proposing to keep the same 5‐foot width of the north landscape buffer. Deviation 2: Deviation from LDC 4.06.02 C, which requires a 15‐foot Type D landscape buffer parallel to the west property line, to instead allow a 10‐foot landscape buffer. We will provide one additional 10’ understory tree above code requirements and provide 116 ground cover plants within the buffer area. The limited width of the property requires relief from the current Land Development Code to redevelop the site and bring it into current Burger King Corporate standards and create a more aesthetically pleasing development for our customers and the surrounding area. JUSTIFICATION: The previously permitted Burger King Plans, (SDP#91‐24) allowed the west landscape buffer to be 5‐foot. We are proposing to increase the west landscape buffer to 10 feet. 3.A.f Packet Pg. 93 Attachment: Attachment E Schedule of Deviations (20877 : Burger King #7162 DR) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 1/25/2019 Page 1 of 3 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 6 I of the Administrative Code PROJECT NUMBER PROJECT NAME DATE PROCESSED APPLICANT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: _________________________________________ Address: _______________________________City: ___________ State: ________ ZIP: ______ Telephone: ___________________ Cell: ______________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Name of Agent(s): ______________________________________________________________ Firm: _________________________________________________________________________ Address: _______________________________City: ___________ State: ________ ZIP: ______ Telephone: ___________________ Cell: ______________________ Fax: __________________ E-Mail Address: ________________________________________________________________ CORRESPONDING SDP, SDPA, SIP INFORMATION This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment, or site improvement plan. PROJECT NAME/PL # IF KNOWN: ________________________________________________________ PLANNER/PROJECT MANAGER, IF KNOWN: ________________________________________________ DATE OF SUBMITTAL OF SDP/SDPA/SIP: __________________________________________________ To be completed by staff 3.A.g Packet Pg. 94 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 1/25/2019 Page 2 of 3 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures, or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, “redevelopment” shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements. Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Must provide a copy of the building permits and certificates of occupancy for all buildings subject to the DR application to verify the applicable Code at the time of construction. 4. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 5. Deviation Request types: Zoning Deviation Requests - Check all that may be impacted by the request. ❑ Dimensional standards (excluding height):___________________________________________________ ❑ Parking ❑ Architectural ❑ Landscape / Buffers ❑ Other site features: ____________________________________________________________________ Engineering Deviation Requests - Check all that may be impacted by the request. ❑ Stormwater ❑ Pathways ❑ Transportation Planning ❑Other site features: ____________________________________________________________________ 3.A.g Packet Pg. 95 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 1/25/2019 Page 3 of 3 SUBMITTAL REQUIREMENTS CHECKLIST REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Site Development Plan with Deviations for Redevelopment Application 1 Completed SDP/SDPA/SIP application and all associated materials, including all site plan documents. 1 Copy for the Pre-Application Notes, if not submitted with SDP/SDPA/SIP 1 Affidavit of Authorization, signed and notarized 1 Electronic Copy of all documents and plans on CD If application is being submitted as a paper submittal. Not required for electronic submittals. 1 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: • At the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated planner. • Please contact the planner to confirm the number of additional copies required. FEE REQUIREMENTS  Site Plan for Redevelopment: $1,000.00  Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 3.A.g Packet Pg. 96 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) DEVIATIONS FOR REDEVELOPMENT NARRATIVE BURGER KING #7162 1011 AIRPORT PULLING ROAD, NAPLES FLORIDA Revised November 15, 2021 In accordance with LDC Section 10.02.03 F Chapter 6 I of the Administrative Code we are requesting deviations to the Land Development Code to allow for the proposed improvements. In order to upgrade this site to current Burger King Corporate imaging and standards as well as improve overall appearance of the property, Bravoflorida, LLC is proposing to demolish the existing Burger King Restaurant and build a new restaurant with a double drive thru and associated infrastructure improvements. Deviations Requested: Landscape Buffers: LDC Section 4.06.02 C To reduce the required north landscape buffer from 10 feet to 5 feet and reduce the west landscape buffer from 15 feet to 10 feet. Justification: The previously permitted Burger King (copy attached) was permitted with a north landscape buffer of 5 feet, a west landscape buffer of 10 feet and a south buffer of 5 feet. The proposed general layout of the building and parking configuration basically remain the same. Additional trees and shrubs above code requirements have been added. 3.A.g Packet Pg. 97 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 3.A.g Packet Pg. 98 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 3.A.g Packet Pg. 99 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 3.A.g Packet Pg. 100 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 3.A.g Packet Pg. 101 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 3.A.g Packet Pg. 102 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 3.A.g Packet Pg. 103 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 3.A.g Packet Pg. 104 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 1 of 3 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. 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. 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 3.A.g Packet Pg. 105 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 2 of 3 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 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: 3.A.g Packet Pg. 106 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 3.A.gPacket Pg. 107Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 3.A.gPacket Pg. 108Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 202010403.A.gPacket Pg. 109Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 4921 S. WESTSHORE BOULEVARDTAMPA, FLORIDA 33611(813) 831-9595 FAX 831-5485anderson.lesniak@tampabay.rr.comlandscape architectsANDERSON LESNIAK LIMITED, INC.land plannerswww.andersonlesniak.net3.A.g Packet Pg. 110 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 0 •" '\ - " erC ca "C < m 3 • a - �9·1,<o· ½°' Q;i· �". q,· 'Qt><: '\ -'\ C:,ci!, q, Set X ;�:\ 1/2" Rebar �;\,. 0 a.0 0 Stop Sign 2•" '.1 q,".o 9ii\Di"1 '1,· � "" 0.0' � 0, 2 1/ // 1/ -�-�{,''',�� ,, � 0,ri✓• Colp Fd. 1/2" Rebar�� eo':-H-) <o· N OE OE---OE -�-___: +£ �nv ert , 0,f• I OE '\· -'\ _ ;.El.= 6.1 �s,t � 89'21'02" E 356.93'(D) .,, ¼" ':-n,'> 1o "x ·+ . ct\ o,- 'i' I ! ---50 0----I•· Ir-----< I p_l '" >-(/) V) o:::-i ";;OJ (/)00 '" - , � r·· • Q:, 'b-tlo .. . .d 0> .. . ----,,., --- -;I>,,""\ii"" --°''1,· 'bq,,'b'b'.f -----'-7C:-S,..-'----C .• "1o I I .-- 0r9 4"lvletal � --__ ......,<::::Jr& \ '$ \ _. ...--Asphalt Pavement /Bollard Post GJ_ 15' Side Setback Line:::::,., --......_ --- ---· ,�· . 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'\ 0• Qultclalm Deed LB 7563 EL 7 61' I lo· D t' A SITE BENCHMARK 1 _C_ Sch. B-2, Exe. No. [I2] -----As halt Paveme nt0 mes 1 C Venue Set Nail & Cap stampedi D.R. Back 1640, Page 1252 p IVariable Width Public R/W 18 7563 EL 709• • : "°'" ________ -2 "'[21 _ � "0--"i'-lo¥' '°i:,, 12 R.C.P. r-. South 30 Feet Set Nail & Cap sta'l(jl';ld J1 �Centerj_1� _ --�,,------- --------------,:----...½ N 89'21'02" E �----------�----------------x-- , <o· r ----------n,°' S 89'21'02" W 356.49 (D) MOO'� � '\ P.O.B. a,(,,'\Asphc lt Pc vem ent ':l Schedule A 0 '\ � Legal Description r.o OJ __ ,,, I """°' I .:1"� I z 7' 1o'.\ , "'- I "'o85si-__h. -Cl it;7 °-a-"' I .s , I ,. I P.O.C. � ) / West 1/4 Corner of � Section 36-49S-25E. q_,'b'\' LEGEND: P.O.C. P.O.B. Fd CM 0• Point of Commencement Point of Beginning Found concrete monument set 1/2" rebar with cap No. 7563 FLOOD ZONE: AS PER THE FEDERAL EMERGENCY MAN AGEMEN T AGENCY FLOOD INSURANCE RATE MAP COMMUNITY-P ANEL NUMBER 120067 0392 H, DA TED MAY 16, 2012, THE SUBJECT PROPERTY LIES IN ZONE ''x'' AND "AH" EL. 8.0, BY SCALE LOCATION ONLY. NO IMPROVEMENTS ARE LOCA TED Wlll71N SPECI AL FLOOD HAZARD AREA "AH". LAND AREA: THE LAND AREA IS 35,315 SQUARE FEET OR 0.81 ACRES. SOURCE OF ZONING DATA: THE COUNTY OF COLLIER, FLORIDA ZONING DEPARTMENT PHONE: 23g-252-2400 ZONING: THE CURRENT ZONING IS C-5 (HE AVY COMME RCIAL DISTRICT) cEDRim El.= 7 .85' Bottom El.= 5.70' S.Invert El.= 6.06' (B)Rim El.= 9.28' Bottom El.= 4.86' N.Invert El.= 5.74'E. Invert El.= 6.11'S. Invert El.= 4.28' � Rim El.= 7.95' Bottom El.= 6.47' (12" R.C.P.) f 12" R.C.P.l 12" R.C.P. 12" R.C.P. W.Invert El.= 6.37' (12" R.C.P.)E. Invert El.= 6.43' ("12" R.C.P.) � '&" X '1,· p'° 0 00 ,: C <T ,-.m"'. u,300 C . :,. " C ,-,a "m ,-. SCALE: 1" = 20'■ found rebar or iron pipe as indicated found concrete monument as indicated found nail as indicated THE CURRENT ZONING ALLOWS FOR THE CURRENT USE OF THE PROPERTY AS A BURGER KING (OR SIMILAR) RESTAURANT. BUILDING SETBACK REQUIREMENTS: Rim El.= 8.07' Bottom El.= 6.07' N. Invert El.= 5.99'W.Invert El.= 6.07'(12" R.C.P.) (12" R.C.P.) 20 40 60 ... I'-, -x-rr:r E:=J I I <--4 (DJ 0 0 Ill @ 0IE] I,] il el � -OE-!0•R.C.P.@ i set nail with cap No. 7563 fence right-of-way deed bearing and/ or distance measured bearing and/ or distance concrete area canopy or covered area power pole guy anchor light pole fire hydrant water meter water valve telephone pedestal sanitary sewer manhole stormwater manhole grease trap manhole sign electric meter gas valve gas meter catch basin or curb inlet site benchmark overhead powerline buried propane tank palm tree oak tree unknown tree pine tree reinforced concrete pipe back flow preventer sanitary sewer cleanout wet well FRONT SIDE REAR 25 FEET 15 FEET 15 FEET BUILDING HEIGHT RESTRICTION: 35 FEET PARKING SPACE TABLE: REGULAR PARKING SPACES: 43 HANDICAP PARKING SPACES: 2 TOTAL: 45 PARKING SPACE REQUIREMENTS: 1 PARKING SPACE FOR EACH 70 SQ. FT. FOR PUBLIC USE AREAS INCLUDING OUIDOOR EA TING AREAS OR 1 PER 2 SEA TS, WICHEVER IS GRE A TER, AND FOR NON PUBLIC AREAS 1 PER 200 SQ. FT. A STACKING AREA OF 9 VEHICLES FOR THE FIRST DRIVE-THROUGH LANE AND 4 FOR ANY ADDITIONAL DRIVE-THROUGH LANES. Because there may be a need for interpretation of the applicable zoning codes, we refer you to Collier County, Florida and the applicable zoning codes. BUILDING AREA: EXTERIOR FOOT PRINT AT GROUND FLOOR IS 3,225 SQUARE FEET. ACCESS NOTE: ACCESS TO THE SUBJECT PROPERTY IS BY PUBLIC RIGHTS OF WAY OF AIRPORT PULLING ROAD AND DOMESTIC AVENUE. ENCROACHMENTS: THERE ARE NO APPARENT ENCROACHMENTS. � Rim El.= 6.31' Bottom El.= 1.76' N.W. Inv ert El.= 4.21' (12" R.C.P.) E. Invert El.= 3.52' (12" R.C.P.)W.Inv ert El.= 1.sg' (12" R.C.P.)� Rim El.= 7 .94' Bottom El.= 5.7-4' W.Invert El.= 6.15' (12" R.C.P.)E.Inv ert El.= 6.08' (12" R.C.P.)(f=1) Sewer Cleanout Rim El.= 9.30' Invert El.= 6.07' � Rim El.= 8.1 0' Bottom El.= 2.18' E. Invert El.= 2.18' (8" P.V.C.)S.Invert El.= 2. 18' (8" P.V.C.) ►Progress Avenuet� ]" Domestic Avenue ;,:, a 0 � 1011 Airport Pulling Road Naples, FL VICINITY MAP NOT TO SCALE MISCELLANEOUS NOTES AND SURVEYOR'S REPORT: 1.BE ARINGS SHOWN HEREON ARE BASED ON THE EASTERLY RIGHT OF WAY LINE OFAIRPORT PULLING ROAD BEING N 00'42'05" W, AS PER THE LEGAL DESCRIPTION.2.UNLESS IT BEARS THE SIGN ATURE AND THE ORIGIN AL RAISED SEAL OF A FLORIDA LICENSEDSURVEYOR AND MAPPER, THIS DRAWING IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOTVALID.3.ALL UTILITIES SHOWN HEREON ARE BASED ON SURF ACE EVIDENCE. ANY UTILITIESNOT SHOWN ARE LACKING SURF ACE EV1DENCE TO MAKE A DETERMINA TION OFLOCATION IN THE FIELD.4.TI7E WESTERLY BOUND ARY LINE OF THE SUBJECT PROPERTY IS THE SAME AS THE EASTERLYRIGHT OF WAY LINE OF AIRPORT PULLING ROAD AND THE SOUTHERLY BOUND ARY LINE OF THESUBJECT PROPER TY IS THE SAME AS THE NORTHERLY RIGHT OF WAY LINE OF DOMESTIC AVENUE.5.THE ORIGINAL DRAWING FROM WHICH THIS COPY WAS MADE IS AT THE SCALE SHOWNHEREON, HOWEVER IN THE PROCESS OF REPRODUCTION, THIS SCALE MAY BE SLIGHTLY REDUCED, ENLARGED, OR OTHERWISE DISTORTED FROM ITS ORIGINAL SCALE. 6. THIS SURVEY WAS PREPARED USING CONVENTIONAL SURVEYING METHODS AND NONE OFTHE METHODOLOGY ALLOWED UNDER NO. 15 OF TABLE A OF THE 2016 ALTA/NSPS SURVEYING REQ UIREMENTS WAS UTILIZED IN THE PREPARATION OF THIS SURVEY. 7.UNLESS OTHERWISE SHOWN ON SURVEY:(A)THERE IS NO OBSERVABLE EVIDENCE OF EARTH MOVING WORK, BUILDINGCONSTRUCTION OR BUILDING ADDITIONS WITHIN RECENT MONTHS. (B)THERE IS NO OBSERVABLE EVIDENCE NOR INFORMATION PROVIDED INDICATINGCHANGES IN STREET RIGHT OF WAY LINES. (C)THERE IS NO OBSERVABLE EVIDENCE OF RECENT STREET OR SIDEWALKCONSTRUCTION OR REPAIRS.(D)THERE IS NO OBSERVABLE EVIDENCE OF SITE USE AS A SOLID WASTE DUMP,SUMP, SANITARY LANDFILL OR CEMETERY.8.NO EVIDENCE OF POTENTIAL WETLANDS WERE OBSERVED ON THE SUBJECT PROPERTY ATTHE TIME THE SURVEY WAS CONDUCTED, NOR HAVE WE RECEIVED ANY DOCUMENTATION OFANY WETLANDS BEING LOCATED ON THE SUBJECT PROPERTY.9.ADDRESS WAS OBSERVED IN THE FIELD ON BUILDING.1 0. FROM A VISUAL INSPECTION ONLY, ALL UTILITIES APPEAR TO ENTER THE SUBJECT PROPERTY FROM A PUBLIC RIGHT OF WAY. 11.THERE ARE NO DISCREPANCIES BElWEEN THE BOUNDARY LINES SHOWN ON THIS SURVEYAND THE LEGAL DESCRIPTION CONTAINED IN THE TITLE COMMITMENT.12.THE BOUNDARY LINE DIMENSIONS AS SHOWN ON THIS SURVEY MAP FORM AMATHEMATICALLY CLOSED FIGURE WITHIN +/-0.1 FOOT.13.IF THE SUBJECT PROPERTY IS COMPRISED OF MULTIPLE PARCELS, THE PARCELS ARECONTIGUOUS ALONG THEIR COMMON BOUNDARIES AS SHOWN ON THIS SURVEY, AND THEREARE NO GAPS, STRIPS OR GORES IN SAID PROPERTIES.14.THE BOUNDARY LINES OF THE SUBJECT PROPERTY ARE CONTIGUOUS WITH THE BOUNDARYLINES OF ALL ADJOINING STREETS, HIGHWAYS, RIGHTS OF WAYS AND EASEMENTS, PUBLIC OR PRIVATE, AS DESCRIBED IN THEIR MOST RECENT RESPECTIVE LEGAL DESCRIPTIONS OF RECORD. 15.ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF1988 (N.A.V.D. 1988) DETERMINED BY G.P.S. OBSERVATIONS DERIVED FROM TIES TO THEFLORIDA DEPARTMENT OF TRANSPORTATION F.P.R.N. RTK NETWORK. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 1704gg84, DATED DECEMBER 11, 2018, REVISED DECEMBER 21, 2018. SCHEDULE B -SECTION 2, EXCEPTIONS PERTAINING TO THIS SURVEY 7.Subject to Collier County Water & Sewer District per Resolution recorded in OfficialRecords Book 417, Page 987, of the Public Records of Collier County, Florida. BLANKET INNATURE AFFECTING ENTIRE SUBJECT PROPERTY AND CANNOT BE PLOTTED.8.Intentionally Deleted.9.Subject to restrictions in Deed recorded in Official Records Book 364, Page 707, of thePublic Records of Collier County, Florida. BLANKET IN NATURE AFFECTING ENTIRE SUBJECTPROPERTY AND CANNOT BE PLOTTED.1 0. Intentionally Deleted. 11.Easement in favor of Florida Power & Light Company recorded in Official Records Book1648, Page 1180, of the Public Records of Collier County, Florida. PLOTTED HEREON.12.Comer Easement conveyed to Collier County, by that certain Quit-Claim Deed recorded inOfficial Records Book 1640, Page 1252, of the Public Records of Collier County, Florida.PLOTTED HEREON.13.Intentionally Deleted. w BRIGGS, WASHINGTON & THOMPSON LAND SURVEYING, INC. 406 SW Rutledge Street P .0. Box 263 Madison, FL 32340 LB No. 7563 850-973-6186 800-882-8396 Fax: 850-973-6931 DESCRIPTION: Commence at the West 1/4 corner of Section 36, Township 49 South, Range 25 East, Collier County, Florida; thence along the West line of said Section 36, North 0"42'05" West 688.60 feet; thence along the South line of the North 658.60 feet of the South 1347.20 feet of the NW 1/4 of said Section 36, North 89"21 '02" East 50 feet to the East Right-of-Way line of Airport Road (C-31) for the Point of Beginning of the parcel herein described; thence along said East Right-of-Woy line, North 0"42'05" West 165.00 feet; thence along the north line of the South 1 65.00 feet of the North 658.60 feet of the South 1347.20 feet of the NW 1/4 of said Section 36, North 89"21 '02" East 356.93 feet; thence along the West line of the East 250.00 feet of the West 1 /2 of the West 1 /2 of the NW 1/4 of said Section 36, South 0"32'58" East 165.00 feet; thence along the South line of the North 658.60 feet of the South 1347.20 feet of the NW 1/4 of said Section 36, South 89'21 '02" West 356.49 feet to the Point of Beginning; being a part of the NW 1/4 of Section 36, Township 49 South, Range 25 East, Collier County, Florida. LESS AND EXCEPT the Easterly 95.00 feet of the above described property as conveyed to Robert J. Amsdell, as Trustee by that certain Warranty Deed recorded in Official Records Book 2308, Page 3069, of the Public Records of Hillsborough County, Florida. LESS AND EXCEPT the South 30.00 feet of the above described property as conveyed to Collier County, by that certain Quit-Claim Deed recorded in Official Records Book 1640, Page 1252, of the Public Records of Collier County, Florida. ALSO DESCRIBED AS, COMMENCE at the West Quarter (W 1/4) Corner of Section 36, Township 49 South, Range 25 East, Collier County, Florida; thence North 00"42'05" West along west line of said Section 36 a distance of 688.60 feet; thence North 89'21 '02" East a distance of 50.00 feet to the Easterly right of way line of Airport Pulling Road (Variable width public right of way); thence North 00·42'05" West along said Easterly right of way line a distance of 30.00 feet to a nail and cap marking the POINT OF BEGINNING of the following described parcel: thence continue North 00·42'05" West along said Easterly right of way line a distance of 135.00 feet to a rebar; thence North 89"23'43" East a distance of 262.02 feet to a rebar; thence South 00·30'47" East a distance of 134.80 feet to a rebar on the aforesaid Northerly right of way line of Domestic Avenue (Variable width right of way); thence South 89"21 '02" West along said Northerly right of way line a distance of 261.57 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Collier County, Florida. Property surveyed and shown hereon is the same property as described in title commitment number 17049984, dated December 11, 2018, revised December 21, 2018, prepared by Old Republic National Title Insurance Company. ALTA/NSPS 2016 CERTIFICATION TO: Bravoflarido, LLC, Gibbons Neuman Bello Segall Allen & Halloran, PA, Bank of America, N.A., as Administrative Agent. Old Republic National Title Insurance Campany and TheMatthews Company, Inc.This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS' Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(a), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 10(□), 13, 14, 16, 17 and 20 af Table A thereof. The fieldwork was completed on August 21, 2018. Date of Plat or Map: August 21, 2018 DAVID A. BRIGGS PROFESSIONAL SURVEYOR AND MAPPER NO. 5890 STATE OF FLORIDA The property described and shown hereon is the same property described in Old Republic National Title Insurance Company Title Commitment No. 17049984 dated December 11, 2018, revised December 21, 2018. ,s\\l A. Bi/1(0 <>"' . . . \j> "' <'9-<tlFic4 "' "' ?-. ;s -� ,f> \'\ 0 No. 5B90 0:: \1, . STATE OF . J � ,cilORl))�· .§; 9J< .. 'i>'1.t; S'UR n'lo'I- "ALTA/NSPS LAND TITLE SURVEY" PREPARED FOR: THE MAJ ... rREWS COMPANnY ® / 17220 Newhope Stree� Suites 108-11 0, Fountain Valley, CA 92708 Tel: (714)-979-7181 Fax: (714)-641-2840 www.thematthewscompany.com 2/5/19 I Revise per Comments.SEB 1/3/19 I Revise per updated Title Commitment.SEB DAB DAB Revise per Comments. SEB I DAB REVISION BY I AP'V'D Quality Dining, Inc. FB -See Folder DWG file: 18-176.dwg Cale File: 18-1 76.crd N 4 Collier Co., FL Drawn by: SEB B-2 by: DAB I Job Order No: Field work completed: August 21, 2018 I 18-176This survey has been prepared solely for the benefit of the parties set forth in this Surveyor's Certification and may not be quoted or relied upon by, nor may copies be delivered to, any other party or used for any other purpose including, without limitation, the preparation of zoning reports or any other third party reports, without The Matthews Company, Inc. and Briggs, Washington & Thompson Land Surveying, lnc.'s prior written consent. The Matthews Company, Inc. and Briggs, Washington & Thompson Land Surveying, Inc. expressly disclaims any duty or obligation towards any party that is not identified in this Surveyor's Certification. Please be advised that The Matthews Company, Inc. and Briggs, Washington & Thompson Land Surveying, Inc. will not include the providers of any third party reports in the Surveyor's Certification. 1011 Airport Pulling Road Naples, FL (Burger King) SCALE: 1 "= 20' CHKD./AP'V'D: DAB DATE: August 21, 2018 APPROVED: DAB DWN. BY: SEB STORE: #7162 CHKD.BY• DAB J. N.: 18-08-15-02005 3.A.g Packet Pg. 111 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) Page 3 of 4 LIST OF REQUESTED DEVIATIONS FROM LDC DR‐PL20210001617 BURGER KING #7162 1011 Airport Pulling Road Naples, Florida 34104 August 9, 2021 Revised November 15, 2021 Deviation 1: Deviation from LDC 4.06.02 C, which requires a 10‐foot Type A landscape buffer parallel to the north property line, to instead allow a 5‐foot landscape buffer. We will provide two additional 10’ understory trees above code requirements and provide 92 shrubs, 24” high, within the buffer area. The limited width of the property requires relief from the current Land Development Code to redevelop the site and bring it into current Burger King Corporate standards and create a more aesthetically pleasing development for our customers and the surrounding area. JUSTIFICATION: The previously permitted Burger King Plans, (SDP#91‐24) allowed the north landscape buffer to be 5‐foot. We are proposing to keep the same 5‐foot width of the north landscape buffer. Deviation 2: Deviation from LDC 4.06.02 C, which requires a 15‐foot Type D landscape buffer parallel to the west property line, to instead allow a 10‐foot landscape buffer. We will provide one additional 10’ understory tree above code requirements and provide 116 ground cover plants within the buffer area. The limited width of the property requires relief from the current Land Development Code to redevelop the site and bring it into current Burger King Corporate standards and create a more aesthetically pleasing development for our customers and the surrounding area. JUSTIFICATION: The previously permitted Burger King Plans, (SDP#91‐24) allowed the west landscape buffer to be 5‐foot. We are proposing to increase the west landscape buffer to 10 feet. 3.A.g Packet Pg. 112 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 1 OrtmanEric From:Justin Lobb <jlobb@flynaples.com> Sent:Monday, April 5, 2021 1:12 PM To:WilloughbyChristine Cc:Chris Rozansky; Kerry D. Keith Subject:FW: [External] Proposed new Burger King at 1011 Airport Rd -SDP-PL20210000627 Attachments:Pre-app notes for Burger King # 7162.pdf; Burger King #7162 proposed SITE PLAN.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Christine, Great to hear from you, and thanks for coordinating with us on this. In case you haven’t heard, I recently left my position with the County’s Airports after accepting a new position with the Naples Airport Authority. It’s good to be working with you again in my new role. After reviewing the plans, we have no immediate concerns with the proposed redevelopment, other than the potential impact of cranes during construction—if they could please clarify if any are proposed. In that event, additional coordination with the airport will be necessary, and the developer will need to file the FAA Form 7460 well in advance of construction. Thanks, and I hope all is well. Justin Justin Lobb | Deputy Director of Aviation Naples Airport Authority 239-643-0733 | flynaples.com From: Chris Rozansky <CRozansky@flynaples.com> Sent: Thursday, April 1, 2021 5:31 PM To: WilloughbyChristine <Christine.Willoughby@colliercountyfl.gov>; Justin Lobb <jlobb@flynaples.com>; Kerry D. Keith <KKeith@flynaples.com> Subject: RE: [External] Proposed new Burger King at 1011 Airport Rd -SDP-PL20210000627 Thanks, Christine. Please add both Justin Lobb, Deputy Director of Aviation, and Kerry Keith, Sr. Director of Development, to future requests. We’ll review and provide feedback (likely from Justin). Chris Chris Rozansky | Executive Director Naples Airport Authority 239-643-0733 | flynaples.com From: WilloughbyChristine <Christine.Willoughby@colliercountyfl.gov> Sent: Thursday, April 1, 2021 2:05 PM 3.A.g Packet Pg. 113 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 2 To: Chris Rozansky <CRozansky@flynaples.com> Subject: [External] Proposed new Burger King at 1011 Airport Rd -SDP-PL20210000627 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Chris, I have attached the pre-app notes and proposed site plan for the new Burger King at 1011 Airport Rd. As part of the pre-app notes I did ask for elevations showing the maximum proposed height of the bldg. along with any rooftop structures, which I can provide to you when I receive the site plan submittal for review. If you need anything else from me please let me know. Respectfully, Christine Willoughby Senior Planner Development Review Division Exceeding Expectations, Every Day! Christine.Willoughby@colliercountyfl.gov 2800 Horseshoe Drive, Naples, FL 34104 Phone: 239.252.5748 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! 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. 3.A.g Packet Pg. 114 Attachment: Attachment F Application and Backup Documents (20877 : Burger King #7162 DR) 3.A.hPacket Pg. 115Attachment: Attachment G Advertised Hearing Signs (20877 : Burger King #7162 DR) 3.A.hPacket Pg. 116Attachment: Attachment G Advertised Hearing Signs (20877 : Burger King #7162 DR)