The URL can be used to link to this page

HEX Agenda 06/23/2016 S COLLIER COUNTY HEARING EXAMINER SPECIAL HEARING AGENDA JUNE 23, 2016 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A SPECIAL HEARING AT 5:00 PM ON THURSDAY,JUNE 23,2016 IN THE BOARD OF COUNTY COMMISSIONERS' MEETING ROOM,ADMINISTRATION BUILDING,COUNTY GOVERNMENT CENTER,THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA. IF THE MEETING CONTINUES PAST 9:00 P.M.,IT WILL BE CONTINUED TO THURSDAY, JUNE 30TH AT 5:00 P.M.AT THE SAME LOCATION. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. MATERIALS USED MUST BE PROVIDED IN EITHER HARD COPIES (WITH A MINIMUM OF 8 COPIES PROVIDED) OR THERE WILL BE ACCESS TO AN ELECTRONIC DISPLAY USING MICROSOFT OFFICE 2010 BASED PROGRAMS (WORD, POWERPOINT, ETC.) VIA A USB DRIVE OR OTHER COMPATIBLE EXTERNAL DEVICE. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY COUNTY STAFF WITH THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. The purpose of the hearing is to prepare a recommendation to the Collier County Board of County Commissioners. PETITION NO. ASW-PL20150002369—Racetrac Petroleum, Inc. requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South,Range 25 East,Collier County,Florida. [Coordinator: Fred Reischl,Principal Planner] B. The purpose of the hearing is to prepare a recommendation to the Collier County Board of County Commissioners. PETITION NO. VAC-PL20150002788 — Racetrac Petroleum, Inc. requests the vacation of the County and the public interest in an unimproved 30-foot wide public right-of-way described as "Avenue "B" and a portion of an unimproved 30-foot wide public right-of-way described as"First Street,"according to the Col-Lee-Co Terrace subdivision plat, as recorded in Plat Book 1,Page 32 of the Public Records of Collier County.The subject property is located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Marcus Berman, Surveyor] 4. OTHER BUSINESS 5. ADJOURN AGENDA ITEM 3A EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition Number ASW-PL20150002369, granting a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code,for property located on the south side of U.S.41 between Frederick Street and Palm Street in Section 11,Township 50 South,Range 25 East,Collier County,Florida [Companion to Agenda Item 11-Petition VAC-PL20150002788]. OBJECTIVE:To have the Board of Zoning Appeals(BZA)review staffs findings and recommendations regarding the above referenced petition and render a decision regarding the petition; and ensure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner requests that the BZA consider a waiver of the separation required between facilities with fuel pumps to allow a facility with fuel pumps to be constructed within 500 feet of an existing facility with fuel pumps. The Petitioner applied for a Site Development Plan, SDP- PL20140000378, and was advised that a distance waiver must be approved prior to approval of the SDP. The distance based on the SDP,and represented by site plan"A"is 277.5 feet.The Petitioner argues that a distance waiver is not needed and has applied for a distance waiver for site plan"A" under protest. The Petitioner has also submitted site plan"B"for the Board's consideration as an alternative plan. Site plan "B"requires a distance waiver of 135.7 feet. ZONING The subject site is zoned General Commercial—Gateway Triangle Mixed-Use Overlay District—Mixed- Use Subdistrict(C-4-GTMUD-MXD).The site is located on the south side of Tamiami Trail East(US 41) between Frederick Street and Palm Street.The surrounding zoning is: North: Tamiami Trail ROW,across which are commercial businesses zoned C-4-GTMUD-MXD East: Palm Street ROW, across which are commercial businesses zoned C-4-GTMUD-MXD South: Platted,undeveloped Jay Avenue ROW,across which is a commercial business zoned C- 4-GTMUD-MXD;and a platted,undeveloped alley ROW,across which are single-family residences zoned RSF-3 and a commercial business zoned C-4-GTMUD-MXD West: Frederick Street ROW, across which is a tennis facility within the City of Naples and residences and vacant lots zoned RMF-6 HISTORY Research indicates that the subject site was zoned C-4 at least as far back as 1969. In 1969,the lots on the north side of what is now Mills Lane (Inomah Subdivision, Block C) were also zoned C-4. In 1991, Ordinance 91-1 rezoned Inomah Subdivision, Block C, Lots 3-8 to Residential Single Family (RSF-3) through implementation of the Zoning Re-evaluation Ordinance(ZRO)—bringing zoning into consistency with the newly adopted(1989)Comprehensive Plan.Lots 1 and 2 were not included in the rezone because a commercial business existed on site(only properties zoned inconsistent with the Comprehensive Plan and "unimproved"were subject to possible down-zoning through the ZRO process). Ordinance 92-43, also a part of the ZRO process,"rezoned"a portion of the subject lots from C-4 to C-4 with conditions (requiring that some of the lots be developed under a common Site Development Plan (SDP) instead of as individual lots, and required access approval by Collier County Transportation staff and FDOT)so as to provide regulatory effect to those conditions that were imposed upon the approval of a ZRO compatibility exception application. Ordinance 06-08 added the GTMUD-MXD overlay to the site. Two platted, undeveloped streets(30 feet in width)exist on the subject site: Jay Avenue (First Street)and George Street(Avenue"B").Both were platted as a part of the Col-Lee-Co Terrace subdivision in 1925.A platted,undeveloped alley(20 feet in width)exists to the south of the subject site,in the Inomah subdivision (1946). ANALYSIS The zoning (C-4-GTMUD-MXD) permits gasoline service stations as well as food/convenience stores. However,Section 5.05.05.B.1 of the Land Development Code(LDC)requires a separation of 500 feet from another gasoline service station (now referred to as a Facility with Fuel Pumps). The subject property is within 500 feet of the closest facility with fuel pumps, measured property line to property line. Section 5.05.05.B.2 permits a waiver of the separation requirement. A decision to waive the requirement shall be based upon the following factors: i. Whether the nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed facility with fuel pumps. Such boundary,structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas,canals,and a minimum of a 4 lane arterial or collector right-of-way. ii. Whether the facility with fuel pumps is only engaged in the servicing of automobiles during regular,daytime business hours,or,if in addition to or in lieu of servicing,the facility with fuel pumps sells food, gasoline,and other convenience items during daytime, nighttime, or on a 24 hour basis. iii. Whether the facility with fuel pumps is located within a shopping center primarily accessed by a driveway,or if it fronts on and is accessed directly from a platted road right-of-way. iv. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. Staff analyzed the above criteria and finds the following: i.The proposed facility with fuel pumps has a manmade boundary between the site and the existing station:Tamiami Trail East is a 6-lane arterial right-of-way. ii. The proposed facility with fuel pumps will only sell fuel to vehicles. There is no oil change or other repair/service facility proposed.In lieu of servicing,the station will sell food,gasoline,and other convenience items on a 24-hour basis. iii. The proposed facility with fuel pumps fronts on three platted, developed rights-of-way. The applicant proposes access to and from Tamiami Trail East,Frederick Street(site plan"A"only), and Palm Street. iv.Adverse impacts to adjacent land uses: Commercial land uses: The greatest impact may be to the existing facility with fuel pumps on the north side of US 41 (7-Eleven).This may be an economic impact from additional competition,not a land-related impact. Residential land uses: The proposed facility with fuel pumps is across Frederick Street from residential land uses. It is also across an undeveloped alley from the existing residential uses on Mills Court. In addition,many residents to the south use Frederick Street and Palm Street to access their homes. Many residents south of the proposed automobile service station utilize Palm Street because it is a signalized intersection. The increased traffic caused by the facility with fuel pumps will have a major effect on the intersection. However,the subject parcel is zoned commercial and there are many uses which would have a similar impact on the intersection. A convenience store(without fueling) could be permitted by right and could operate 24 hours a day. The proposed access to the site from Frederick Street(option "A") is north of any residences and aligns with a driveway of Naples Bay Resort(within the City of Naples). The residential neighborhood to be impacted the most will be the houses on the north side of Mills Lane. Even with the required wall-berm combination, the residents of two story homes on Mills Lane will be impacted to some extent. (Please note that the subject site was zoned General Commercial before the property on the north side of Mills Lane was zoned Residential.) In order to minimize this impact and increase compatibility with the neighborhood,the applicant states that the fuel tanks have been located as far away as possible from the residences while still complying with applicable regulations. In addition,for site plan"B",the canopy and store have been located as far away from the residences as possible while still allowing safe site circulation for fuel trucks.The vacuum station will also be located adjacent to US 41. A pre-application meeting was held with the applicant on February 26, 2014 to discuss the project. Neighbors had heard about the project and scheduled a meeting with County Staff and the Hearing Examiner on site on April 11, 2014. (The Hearing Examiner was involved because, according to Code, a Distance Waiver (ASW) petition is heard by the Hearing Examiner.) Staff and the Hearing Examiner listened to the concerns of the neighbors,but were unable to address many issues,since the application had been delivered to the County the day before,and had not yet been distributed for review. The applicant held a meeting and invited the neighborhood on May 21, 2014. Questions were asked and issues were discussed. Staff was in attendance, but only addressed procedural issues, since it was not a County-required meeting. The subject application and Site Development Plan (SDP) were received and were under review prior to the Board of County Commissioners-directed review of the LDC which resulted in the Facilities with Fuel Pumps section of the LDC. Section 2-87(6)of the Code of Laws states"the Hearing Examiner shall disqualify himself from a particular case when he reasonably perceives that he has a real or perceived conflict of interest,or that the case is one of great public interest or concern."The Hearing Examiner reasonably perceived that this case was one of great public interest or concern and recused himself.As Section 2-87(6)states,the case would then be heard by the BZA. CONCEPTUAL SITE PLANS The Applicant has submitted two Conceptual Site Plans, as alternatives for the BZA's consideration. Option"A"creates three development parcels;one for the proposed facility with fuel pumps,and two future development parcels. This plan does not require the vacation of the undeveloped streets. The Applicant believes that this plan does not require a distance waiver,because the existing facility with fuel pumps and the proposed facility with fuel pumps are not adjacent,but are separated by"future development parcel I". The Applicant has submitted site plan"A"under protest as a part of this ASW petition. Staff does not agree with the Applicant's assertion regarding the ASW. Plan B requires the vacation of the undeveloped streets and also requires this ASW petition.This plan also creates a playground/park along Frederick Street.The Applicant states that the park and facility with fuel pumps will not have a direct vehicular connection, both for park visitors' safety and to prevent access to the facility with fuel pumps from Frederick Street. It should be noted, that the adverse impact identified by Staff would be associated to a degree with all of the commercial uses permitted within the C-4 zoning district. It is Staff's position that the design standards incorporated by the proposed facility(orientation of activities furthest from the residential homes,increase wall height and landscape buffer on the residential side of the wall),in addition to the playground/park set- aside provided for within Option "B" provides for a higher degree of compatibility with the existing neighborhood beyond what the LDC would require from any of the other C-4 permitted uses. See Applicant's narrative(attached)for a discussion of site plans"A"and"B". FISCAL IMPACT: This Waiver of and by itself will have no fiscal impact on Collier County. There is no guarantee that the project,at build out,will maximize its authorized level of development. However,if the Waiver is approved, the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities.These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees.Finally,additional revenue is generated by application of ad valorem tax rates,and that revenue is directly related to the value of the improvements.Please note that impact fees and taxes collected were not included in the criteria used by staff to analyze this petition. GROWTH MANAGEMENT PLAN(GMP)IMPACT:The requested distance waiver has no impact on the GMP. • COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Planning Commission does not hear Distance Waivers. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval.-HFAC RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approves Automobile Service Station Distance Waiver ASW-PL20150002369 after consideration of the following conditions: 1) The current zoning has been in place since at least 1969;2)The zoning has been found consistent with the Growth Management Plan by the Board of County Commissioners through the ZRO process;3)The subject site is physically separated from the closest facility with fuel pumps by a six-lane divided highway;4)The applicant has moved the proposed facility with fuel pumps as far from the neighboring residential as permitted by the regulations of other agencies. Staff recommends approval, with conditions, of site plan "A" and site plan "B", since both options meet the distance waiver requirements; however, Staff believes that Option "B"is preferable, since the facility with fuel pumps is a greater distance from existing residential property. Staff's recommendation is subject to the following conditions (Section 5.05.05.B.2.c. of the LDC states that the BZA shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatibility of the facility with fuel pumps with the surrounding area and the goals and objectives of the GMP): 1. Site plan"B"is contingent upon the approval of the vacation of the applicable portions of the rights-of- way known as Jay Avenue(First Street)and George Street(Avenue B). 2. The proposed facility with fuel pumps shall be limited to the uses of 16 vehicle fueling positions, air/water/vacuum station (located at the edge of the buffer along US 41), and a convenience store with a maximum floor area of 6,000 square feet.The following uses are prohibited on the site:carwash,servicing of spark plugs, batteries, distributors and distributor parts; mounting, balancing, repair and recapping of tires and wheel alignment; replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, grease retainers, wheel bearings, shock absorbers,mirrors, and exhaust systems; flushing the cooling system and air conditioner recharge and repair; repairing fuel pumps and lines; mechanical work; and greasing and lubrication. These prohibited uses shall not apply to any tract of the SDP that is more than 500 feet from any off-site facility with fuel pumps. These prohibited uses shall not apply to a tract of land within the subject Site Development Plan which does not contain a facility with fuel pumps. 3.The setback for a facility with fuel pumps from residential property shall be 50 feet. 4. The facility with fuel pumps in site plan "B" shall be separated from residential property by a 30-foot wide landscape buffer and an architecturally designed masonry wall.The masonry wall shall be 12 feet in height,centered within the landscape buffer,and shall use materials similar in color,pattern,and texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three feet with a maximum slope of 3:1. The berm shall be planted with ground cover. 5. Landscaping for site plan "B" shall be required on both sides of the masonry wall. On the residential property wall side,three hedgerows consisting of#10 shrubs, spaced 3 feet on-center, and 4 feet high at planting and five 5 feet high within one year shall be provided. In addition,a row of canopy trees spaced 25 feet on-center,and ten(10)feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced 30 feet on-center, and 12 feet in height at planting are required. A hedgerow consisting of#10 shrubs, spaced 3 feet on-center, and 4 feet high at planting and 5 feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. 6. Music and amplified sound shall not be played in the fuel pump area between the hours of 10:00 p.m. and 7:00 a.m. Music and amplified sound shall not be audible from the residential property line. The customer-to-store intercom is a safety feature and is not subject to the time restriction. 7. All light fixtures shall be directed away from neighboring properties. On-site light fixtures shall not exceed a height of 20 feet above finished grade. All light fixtures shall be full cutoff with flat lenses. On- site lighting shall be between a minimum average of 1.5 foot-candles and a maximum average of 8 foot- candles for the entire site. Lighting located underneath the canopy shall be recessed,of indirect diffuse type,and designed to provide light only to the pump island areas located underneath said canopy.Under canopy lighting shall be between a minimum average of 5 foot-candles and a maximum average of 20 foot-candles. 8. The dumpster enclosure shall have a minimum setback of 50 feet from residentially-zoned property. Dumpster servicing shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. in the area located between the neighboring residential property and the facility with fuel pumps on site plan"A". 9. Should the use of automobile service station cease or not commence, the above conditions are not applicable. Prepared by: Fred Reischl,AICP,Principal Planner Zoning Division, Growth Management Department Attachments: 1) Resolution 2) Application 3) Conceptual Site Plan A 4) Conceptual Site Plan B RESOLUTION NO, 16- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING A WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN FACILITIES WITH FUEL PUMPS PURSUANT TO SECTION 5.05.05.B OF THE LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41 BETWEEN FREDERICK STREET AND PALM STREET IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (ASW- PL20150002369) WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of waivers pursuant to Land Development Code section 5.05.05.B; and WHEREAS, RaceTrac Petroleum, Inc., desires to establish a facility with fuel pumps on the property described herein that would be located within 500 feet of an existing facility with fuel pumps;and WHEREAS, RaceTrac Petroleum, Inc. seeks a waiver to allow a separation distance of 135.7 feet between the proposed RaceTrac facility with fuel pumps and the existing 7-Eleven facility with fuel pumps;and WHEREAS, the Collier County Hearing Examiner has determined that this petition is a matter of great public interest or concern and has therefore recused himself from hearing this petition pursuant to Section 2-87, Paragraph 6, of the Collier County Code of Laws; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code, and the Board having considered the advisability of granting the instant waiver and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA, that: Petition ASW-PL20150002369, filed by Kristina Johnson, P.E., of DeLisi Fitzgerald, Inc., on behalf of the Petitioner, RaceTrac Petroleum, Inc., with respect to the subject property located on the south side of U.S. 41 between Frederick Street and Palm Street and further described in Exhibit A, attached hereto and incorporated herein by reference, is hereby approved [15-CPS-01503]22 Racel rac at Palm Street/AS W-PL20150002369 1 of 2 3/24/16 for a waiver from the 500 foot minimum separation requirement between facilities with fuel pumps pursuant to LDC § 5.05.05.B.2., with a resulting minimum separation distance of 135.7 feet from the nearest facility with fuel pumps, as depicted in Exhibit B, subject to the conditions found in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ASW- PL20150002369 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this — day of , 2016. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney EXHIBIT A–Legal Description EXHIBIT B–Distance Separation Exhibit EXHIBIT C–Conditions of Approval [15-CPS-01503]22 RaceTrac at Palm Street/ASW-PL20150002369 2 of 2 3/24/16 EXHIBIT 'A' LEGAL DESCRIPTION RACETRAC PARCEL: LOTS 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, AND 34, COL- LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS ROAD RIGHT-OF-WAYS PARCEL 1: LOTS 41, 42, 43, 44, AND 45, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2: LOTS 37, 38, 39, AND 40, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. „,,,,,•.. i i Exhibit BI / . ' .,, AIRR r=r",:.'4i, ,/,•- , . ! , ', , . , ,::.,::/::::.„.„----: .!i - . '' A.,,,, ..,',. ,... '4. • If 1 I. f - , •,i0p, , . . I. . z . . . , • .. . , . ,-„ / 7 ./ , •,,,,,,,,, 2.4 t 1 :' g .0, 4,,,,,, - .. • ..-4 t • 1, / .., •'1f;.1 10110",;*:. IT,1•. - ' ,14: . §AA . - 4`; -*# • ; ,/,'' .. - ') L \ , . • Vr) 111; ,., ./. ./ ,., , ''.z ;1::,.,7`.•,'1 .:/:.= 1,4e,,, p • 1. ,,.i ,.,,,,. 714 ii ....4, i 1 v , ,•••••. .-- .... ,,•-• ,-- , 0 \K, , 1 ,. . ,i i . H 1119 //' 4/.. ' :-, - ,- 1-,.. ) . ; , ! 11414 ,, /..,.• \''. •Iff \'',' /-7*4 // - , • '.• ; r I i . . , ,,,.„ It, .., g\‘,---„, ..,,...:. 1k. (3 1 1, ' I t iill 2 - . ... . :. ' Ill -. A 4-.. ..-'"— "..--- . ...... . . 1.:1,..., >..-- %'' i - „_,.. .., ...... , / • Az..., ,, r--- , - , \ 2 1 4 ' _..._.„ i .....7 \ 77-7. _.- 1 N \:: • , ' ' 1 g 1 ... 1 .• ,••• ', •, = 1 •, -- •"1h . = ' I 1 . i ./ 11 \''s'. .. ' II k____.FL.::r, II i°I 1. ; , . . .., 1 :-....=:_-_-_-..4., ,,---) • . i • I . ..” ?i i---- ,.., •,. .I, • , \ , I\,. .\ , :, ---- ;; ---- '. ' I 1 ;• I i i ,...,, ,... ... . . •.• . • ; 4. m ( r-- 1 e : .4. . , 1 ..,..." . '. ;C:: 1 ft . \,-- . .. . . . ., . , \ ±.... . • :1E) i + . 4. , • • t . . . . . • • , •-, , 1 l' • ' i ' • - \ il I ., .. . . 1 i_LI [ 1 1 1 I -.... .. . ... . ,,..., /• i i - , ii i /A I _1 .„ .. . . • ,. . i :\ . . . 7\r'• !I/';'\ ,,, ,,, :' :, ./: , „4„ -, i 1 - /24 i !I `. ( , : -:-- • „ /g 1 • ..-N i rt.,;//- ''''' , I ; . = 1 i ''' k,. .., , 1 .,„•._. • 'leo \ , 4 i• ,,1 i i /. , . . „ , • ..,, .. • ;),%er”(-si'44,; ,, lin , . . „^, ! . ._-_,...--Nf \' .,.•, /:' \. I . . t— AStNPF:DFAMIt411 7""....' piiiiiii , .,,, ''''''=,- !!‘,5e*RtfL,rfri?L'um.'"` ''''''''rw•I'zr".".. DELISI FITZGERALD, INC. • i ' • r pien,ung-EngOnesting-Project Manspemont f• ,_. Pkolfer............_...........__ , --.- ......y.W; ii i - --';;.- • /Ravenaa/ Z.4.3,0601•2...”-,ka.4691 far't q ........ M(AE PRNK,E1I3P9LA,.sCT0E RAE To xPxAxxLr ----- ....., Conditions of Approval I. Site plan"B"is contingent upon the approval of the vacation of the applicable portions of the rights-of- way known as Jay Avenue(First Street)and George Street(Avenue B). 2. The proposed facility with fuel pumps shall be limited to the uses of 16 vehicle fueling positions, air/water/vacuum station (located at the edge of the buffer along US 41), and a convenience store with a maximum floor area of 6,000 square feet.The following uses are prohibited on the site:carwash,servicing of spark plugs, batteries, distributors and distributor parts; mounting, balancing, repair and recapping of tires and wheel alignment; replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, grease retainers, wheel bearings, shock absorbers, mirrors, and exhaust systems; flushing the cooling system and air conditioner recharge and repair; repairing fuel pumps and lines; mechanical work; and greasing and lubrication. These prohibited uses shall not apply to any tract of the SDP that is more than 500 feet from any off-site facility with fuel pumps. These prohibited uses shall not apply to a tract of land within the subject Site Development Plan which does not contain a facility with fuel pumps. 3.The setback for a facility with fuel pumps from residential property shall be 50 feet. 4. The facility with fuel pumps in site plan "B" shall be separated from residential property by a 30-foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be 12 feet in height,centered within the landscape buffer, and shall use materials similar in color,pattern,and texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three feet with a maximum slope of 3:1.The berm shall be planted with ground cover. 5. Landscaping for site plan "B" shall be required on both sides of the masonry wall. On the residential property wall side, three hedgerows consisting of#10 shrubs, spaced 3 feet on-center, and 4 feet high at planting and five 5 feet high within one year shall be provided. In addition, a row of canopy trees spaced 25 feet on-center, and ten(10)feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced 30 feet on-center, and 12 feet in height at planting are required. A hedgerow consisting of#10 shrubs, spaced 3 feet on-center, and 4 feet high at planting and 5 feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. 6. Music and amplified sound shall not be played in the fuel pump area between the hours of 10:00 p.m. and 7:00 a.m. Music and amplified sound shall not be audible from the residential property line. The customer-to-store intercom is a safety feature and is not subject to the time restriction. 7. All light fixtures shall be directed away from neighboring properties. On-site light fixtures shall not exceed a height of 20 feet above finished grade.All light fixtures shall be full cutoff with flat lenses. On- site lighting shall be between a minimum average of 1.5 foot-candles and a maximum average of 8 foot- candles for the entire site. Lighting located underneath the canopy shall be recessed,of indirect diffuse type,and designed to provide light only to the pump island areas located underneath said canopy.Under canopy lighting shall be between a minimum average of 5 foot-candles and a maximum average of 20 foot-candles. 8. The dumpster enclosure shall have a minimum setback of 50 feet from residentially-zoned property. Dumpster servicing shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. in the area located between the neighboring residential property and the facility with fuel pumps on site plan"A". 9. Should the use of automobile service station cease or not commence, the above conditions are not applicable. December 9, 2015 DELIS' FITZGERALD, INC. • Planning-Engineering-Project Management Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Re:RaceTrac at Palm Street Gas Station Distance Waiver Project#PL 20150002369 To Whom It May Concern: Attached for approval, please find the following items as they relate to the above referenced project: 1. One (1) check in the amount of $1,000.00 for the submittal fees; 2. Twelve (12) copies of the Completed Application with Folio numbers and addresses attached; 3. One (1) copy of Completed Addressing Checklist; 4. Twelve(12) copies of the Pre-application meeting notes; 5. Twelve (12) 24" x 36" copies Site Plan Options A and B with aerial insets showing distances to nearest auto service station; • 6. One (1) 8.5" x 11" copy of the.Site Plan Options A and B; 7. Two (2) copies of Warranty Deeds; 8. Twelve (12) copies of Market Analysis; 9. Twelve (12) copies of ProJect Narrative; 10. One (1) signed and notarized copies of Owner Affidavits; 11. Five (5) 8 % x 11" copies of Location Map; 12. Twelve (12) copies of the Legal Description; 13. One (1) electronic copy of all plans and documents. If you require any additional information, please contact our office at(239) 418-0691. Sincerely, DE SI ZGERALD, INC. An ew D. Fitzgerald, P.E. President Project No.: 21293 cc: Tom Hardy with attachments S 1605 Hendry Street•Fort Myers,FL 33901 239-418-0691 -239-418-0692 fax EXHIBIT 'A' LEGAL DESCRIPTION RACETRAC PARCEL: LOTS 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, AND 34, COL- LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS ROAD RIGHT-OF-WAYS PARCEL 1: LOTS 41, 42, 43, 44, AND 45, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2: LOTS 37, 38, 39, AND 40, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. • • INSTR 4474120 OR 4604 PG 695 RECORDED 9/13/2010 3:02 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $1,890.00 REC $18.50 CONS $270,000.00 G`1L� ig.�t7 =-- -4q0,0DDPrepared By and Return To: Thomas A.Collins,11,Esquire Treiser Collins 3080 Tamiami Trail East, Naples,FL 34112 239-649-4900 File Number: 2614.014 Parcel Identification No.26880200101 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) THIS INDENTURE made this n day of 5tp 1q1.101—t,2010 between Patricia A. Whiting, an unremaried widow, whose post office address is 370 eight,Naples, FL 34103 of the County of Collier, State of Florida,grantor',and Nazdar,Inc.,a„-t • tfjitotn hose post office address is 1199 Third Street South#A,Naples,FL 34102 of the Cou. • •-r,State o J •U . tee*, ,46 WITNESSETH, that said • t. , • •• 'n consideration o the urn of TEN AND NO/100 DOLLARS (S10.00) and other good and valuable ons''e . • . sat. • :r'n hand said .y said grantee, the receipt whereof is hereby acknowledged, has granted, b..gai.e• • • so . e • d : • tee's heirs and assigns forever, the following described land,situate,lying and • : i o • +.p, '1. •T• wit: Lot 17 and 18, and the ' -e • ..� . y• �', C• - b• errace, according to the plat thereof recorded at ' . took 1, Page 32, iti e P bit cords of Collier County, Florida;less that portion o•0 17 described as fo'1' . B_in at the northwest corner of said Lot 17,said corner •,Ifg • • a curve concave so•i'Sue: erly,thence along the north line of said Lot 17, the arc o e to ri•.• •• a radius of 11,409.16 feet, a central angle of 00° 10'38", an ar - ff = , the chord for which bears South 52°34'46"East to the end of said curve .a • • • point of intersection with a non-tangent curve concave southeasterly,thence along the arc of said curve to the left,having a radius of 29.50 feet,a central angle of 10°59'57",an arc length of 5.66 feet,the chord for which bears North 79° 32' 12" West to the end of said curve and the beginning of a curve concave southeasterly, thence along the arc of said curve to the left having a radius of 19.50 feet,a central angle of 67° 37'00",an arc length of 23.01 feet,the chord for which bears South 56° 07' 22" West to the end of said curve; thence South 30° 02' 30" West, 8.13 feet to the west line of said Lot 17; thence along said west line North 00° 34' 36" West,39.56 feet to the Point of Beginning. Subject to the following:(a)ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and(d)restrictions,reservations and easements common to the subdivision. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in • anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. DoubleTime® 1 *** OR 4604 PG 696 *** ID _ And said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor"and "Grantee"are used for singular or plural,as context requires. IN WITNESS WHEREOF,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: 1&'-le ,�' 1/-e-f�z /l/', . ( ) /( �� ;� -� ��/ L1-c Seal Witness Name: T/tc�'14J /-4 (t'/,>/j,..� Patricia A.Whiting V --' /N \ , '.. .' Witness' -: AVERti } .• ,.'fit ,Ot j cp i'� State of Florida I1 County of Collier C0 ('1 t` V H • The foregoing instrument was . .wledged before thi• day of.,SF` pv,ita , � 2010 by Patricia A.Whiting,who'[ is pe . ly known or( p o• :'q-. a driver's licensd as identification. .—:�.� [Notary Seal] 1-TIE • ."*I 1i- r,. � Printed Name: r '\-- _ I +. ,•.,.. J YBIONIDO336635 's'..-„,...:7r. EXPIRES:February 15.2013 My Commission ��>„R:,;t;4ea:aean.uNcruyPdacunanrnkr. Expires: III Warranty Deed(Statutory Form)-Page 2 DoubleTime® INSTR 4439942 OR 4575 PG 236 RECORDED 6/9/2010 3:36 PM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $35.50 INDX $1.00 CONS $0.00 S Return to: Name: Edward E. Wollman, Esq. Wollman, Gehrke&Solomon,P.A. 5129 Castello Drive,Suite 1 Naples,Florida 34103-1903 Ibis Instrument Prepared by: Name: Edward E. Wollman, Esq. Wollman,Gehrke&Solomon,P.A. 5129 Castello Drive,Suite 1 Naples,Florida 34103-1903 SPACE ABOVE THIS LINE FOR PROCESSING DATA -SPACE ABOVE THIS UNE FOR RECORDING DATA— PREPARATION ONLY FROM INFORMATION PROVIDED BY GRANTOR AND WITHOUT BENEFIT OF TITLE SEARCH OR OPINION. WARRANTY'DEED THIS DEED, made on the Gd _1.,t,, , 2008, between i DALE E. CHLUMSKY, JR., .: • . undivided one-qua - •) interest, CHRISTOPHER F. CHLUMSKY,as to an undivi••• a e ...- : (1/4)interest, IC •LAS D. CHLUMSKY,as to an undivided one-quarter(1/, in re-., •. • ' v I • . CH LU KY,as to an undivided one- quarter(1/4) interest„ first !a to .t d • CHLUMSKY HOLIINu L• .00 fI t :bi:4y .ompany, rl whose post office address i d • 1 Harborage Dri ..t Fo -, FL 33908, second party (Grantee); WITNESSETH, that Gr. tr or and in consid- . ,o of the sum of$10.00, and other good and valuable consideration t. . Grantee, the receipt of which is acknowledged, conveys to Grantee . .: ."1: ': xecutors, administrators, and assigns forever the following described land situat=. I. . ter County, State of Florida: Lots 31, 32, 33,and 34, COL-LEE-CO TERRACE,according to plat thereof recorded in Plat Book 1, Page 52, of the current Public Records of Collier County, Florida. THIS PROPERTY IS NOT THE HOMESTEAD OF THE GRANTOR, NOR IS IT CONTIGUOUS TO ANY HOMESTEAD OF THE GRANTOR. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. And the Grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes accruing subsequent to the current year, and all subsequent years. • OR 4575 PG 237 • IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written. Witnesses: ./1 —'- 1---_ 7 (Signature of Witness) ALE . IdejiM KY,( (Prin or Type Name W c ess)(d4 & & .104 k (Sigto Wi s) ;f ('i . Ifatorich (Print or Name of Witness) `�1 R CO / / -- di, . .,4,".0 -7.4. (Signature of Witness) !4 we '1 R '. CHLUMSKY S /-Cc/-e Ko 1-2P/2 (Print.rTypc N . of W t ess) iii • I 11 ropyoot . • (Sig ur- • Wi s) ��/ n �b Ni, EQ ,4!. $ (Print orpc Name of Witness) -v_ 9 / / C LLQ/ (Signature of Witness) F C ( 1 I LAS D. CHLUM2/ ck/-e iLo /Ls (Priv r Type Na o 1"/ (Sig rc Witnes t /1. [-tOrth (Print or T Name of Witness) A. (Signature of Witness) g NRAD A. CHLU SK c � Ko rut'L- (Ptint.r Type`me f tin" 62442ai ' / (Signa e. tines 4/1 4.64.611 (Print or ) ame of Witness) III 1 2 OR 4575 PG 238 • STATE OF FLORIDA COUNTY OF COLLIER p he foregoing instrument was acknowledged before me this 3I€t day of 20Q04 by DAL E. CI-1LUMSKY,JR., ( )who is personally known to me or(i o produced k I o nd u f ivei C LJC.&4f as identification. omilliiiiri):\s� .1.HEh 9c ggi 1 / l# L. S.V:�o (h25•471); , No .ihi -State of lorida �Z• .g ,DD 401353 •o -•,, , _ . t��,cl� No • blic- Print Name STATE OF FLORIDA''''-ic�sTpj`,;°��yLR CQ� COUNTY OF COLLIER �� foregoing ins nt was a . .wled,-. be..re me this �j�`1 day of , 2008, el t eal . may. �� y to me r ho produced 1-1'ffi a kms, /, �,� - , ( who is personally known III ( P �i1��►Lfll� -,� :.lii��C+w' � � i••ntification. 1111111;11 j . 1 , 1 i , �1��\Fh %ay l., u1�P�AJ • ej`:63111„2°' b • 'ril Y State of Florida g. •- .-4`'' `` 200 4 � p, ��n� =*i o.e d �l , �.est . "DD401353 c blic- Print Name "oo STATE OF FLORILIA:,,c•1STA.,00 rr•gnr,.��1 •. COUNTY OF COLLIERS DF440,N, Jai foregoing instrumentwasacknowledgedbefore me this day of 200 by I�,ICHo� HLUMSKY,( )who is personally known to me or (j) ho produced n(1 C,2(MQ-, as identification. i1 1 wlii1uu;i,� f ' �i . id-ad-tihal \\\oa`01),I\I-HENJ", Nofol:nst ,,,,,,,i: .,-- tate of orid�aj^ ,'�1 `\,?V -1,2Q� ,%- 4 I'' Rawl it �V 0.. 'E,Y,o 6S. 'N: .. Notary Public-Print Name 7. o ;CD 401353 ,%a te i.' CQ ,,ST0- ..` 4,LI 3 *** OR 4575 PG 239 *** • STATE OF FLORIDA COUNTY OF COLLIER T e foregoing instrument was acknowledged before me this qii day of , 201M, by gONRAD A. CHLUMSKY, ( ) who is personally known to me or who produced I1 n it G �l Jri Je(S L A.k, , as identification. 011111111w,, 014-A (44. ,0..,1(61.41A .��Oa.; ENO/' No ry I -State of Florida � <JIG°.c�2s 1.v" 9 J' 16 /4- tleadri-c-62 *: e :*= No blic-Print Name ;DD401353 Co= htn.n,eil"CO ' py�� Ca1111 " /), ,(--:-.1 O.TSE CIR`��\ III 1 1 4 wur 443161 OR: 4415 PG: 1498 I" Pre aced by: RICORDID in OPPICIAL RICORDS of CO1LII1 C001111, IL p12123/2008 at 08:1651 DWIGHT B. BROCI, CLIII Law Office of Antonio Faga 7955 Airport Road,N.,Suite 101 COB 1350000.00 Naples,Florida 34109 RIC /111 10,60 DOC-.70 9450,60 File Number:88-099 Retn: • QDARLIS i HSI 1395 P51iH1R LA11 1300 1WPLIS IL 34109 • General Warranty Deed Made this December 8,2008 A.D.By Philip A.Marrone and Anna Maria Marrone,husband and wife,whose address is:3400 W. Crown Pointe Blvd.#201,Naples,FL 34112,hereinafter called the grantor,to Nazdar,Inc.,a Florida Corporation,whose post office address is: 1199 Third Street South,Naples,FL 34112,hereinafter called the grantee: (Whenever used herein the term"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee, all that certain land situate in Collier County,Florida,viz: Lots 39,40,41,42,43,44 and 45,COL-LEE-CO TERRACE,according to the plat thereof as recorded in Plat Book 1,page 32, Public Records of Collier County,Florida;LESS that portion of Lot 43 as conveyed to the State of Florida by deed recorded in Official Records Book/13,page 15,of the Public Records of Collier County,Florida. Parcel ID Number:26880560003 and 26880480002 Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31,2008. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in r r presence: • /10,4111/ Ale, grI / L• Seal ( ) - � i Philip A./'rrone Witness Printed Name % i'j .0 t Address it! Cro Pointe Blvd •201,Naples,FL 34112 r i / ., - l • 't _ (Seal) �� - Anna Ma Marron Witness Primed Name ,--u_ = - ' ' ' "� Address: 3400 W.Crown Pointe Blvd.#201,Naples,FL 34112 State of Floria County of Collier The foregoing ins. • - . r• : . .. • r e this 8th day of December,2008,by Philip A.Marrone and Anna Maria Marrone, husband and wi who is/are r rsonall known to me o who has produced as identification. 1 "�"•, ANTONIO FAGA g�•= I 511'c°4Ats!t 7,D2:1314*" l)D u314*" i; Lary Public EXPIIES:June S,2011 I rine Name: ' • BaMraITry NOW,Presc Unarraraaa l My Commission Expires: • DEED Individual Warranty Deed-Legal on Face ' I Closers'Choice 4217692 OR: 4398 PG: 0049 RICORDID in OFFICIAL RICORDS of COLLIII COORTT, FL 10/02/2001 at 01:42F11 DWIGHT I. BIOCI, CLIII CORS 150000.00 Prepared by and return to: RIC FII 11.50 Kevin R.Lottes DOC-.10 1050.00• Attorney at Law Rets: Quarles&Brady LLP QOARLIS A SIAM 1395 Panther Lane Suite 300 1315 PARHIR LAn 6300 Naples,FL 34109-7874 RAPLIS FL 34103 Consideration:5150,000.00 . Record Deed:$18.50 . .. Parcel Identification Nos.26880400008&26880440000 [Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) This Indenture made this 3?day of September, 2008, between Patricia C. Stevens, as Successor Trustee of the Patricia C.Stevens Trust dated March 10,1987 a/k/a the Patricia C.Stevens Revocable Trust f/b/o Patricia C.Stevens u/a/d dated March 10, 1987, whose post office ad. -d p 'r' • s Street South, Naples, FL 34102 of the County of Collier, State of Florida, grantor*, and Nazd, I'c�5w, �. . ' . ' ion, whose post office address is 1199 Third Street South,Naples,FL 34102 of the Coun' ., ' 1 ler,State of F i ' ,Ar•,•tee*, Witnesseth that said grantor, for and n co s"• • of the sum of TE • 0 NO/100 DOLLARS ($10.00) and other good and valuable considerations to sail gr. tor�- pais by sa d _rantee, he r:ceipt whereof is hereby acknowledged, has granted, bargained, and sold to th, sai' • ••• :•, ••=— • ,- •. igns forever, the following described land, situate,lying and being in Collier Con ty, o da .- t: ' n _11 E'' 0 I Lots 37 and 38 of COL-LE a Co TERRACE,accordin a o thelPla ter of as recorded in Plat Book 1,Page 32,of the Public Reco (' Collier County,Flor': TO HAVE AND TO HOLD,the same in fee sim. forff rCIillC GRANTOR fully warrants title to said land and will defend the same against the lawful claims of all persons whomsoever; except that this deed is subject to the following: 1. Real property ad valorem taxes and assessments for the current and subsequent years; 2. Zoning,building code and other use restrictions imposed by governmental authority; 3. Outstanding oil,gas and mineral interests of record,if any;and 4. Restrictions,reservations and easements common to the subdivision. *"Grantor"and"Grantee"are used for singular or plural,as context requires. • Double-lime. • *** OR: 4398 PG: 0050 *"" • • In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: Witness Name: (1 rzr'M i Patricia C.Stevens,as Successor Trustee 'Mt? Witness Name: �. t-1 oly—Ft9A. State of Florida County of Collier The foregoing instrument was acknowledged before me this day of September, 2008, by Patricia C. Stevens, as Successor Trustee who L]is personally known or has produced F/, Die. L,t as identification. [Notary Seal] ( 11� x Ali:,• • e 1 ,\,\,1S-41t V G Printed N.. _ •. ..'ssio: Ex.• . 11 41, IO:ViN R.LOTTES n All'COMMISSION#DD :11 I DlPIRES: qw0�st 23,20 � opyr • ,' aawwatMuwa� 1E Ci.R S Warranty Deed(Statutory Form)-Page 2 Doubl Tlmss • VICINITY MAP 1 IS1111111111, 1r ..m .W.41-401111111111jrlr�rrr ° wf—`�h'' ;±1.\ 1r ��rr a :r lrr� o rrr� r ilnT2 0 milleirs�woomoss Ohm ` r/ \ 2 lasagnas 1_11. EN DAVISBOULEbr,RG ' — 0 II 11101/" 11.11111111101110 ( q, R11111111111 - • . II III I h '''' 111111111111111L�CATI�N '��") r, moi■ �`'' '� P - _,.4 ii P . 1 11 4\\ 7' , la 1= ipt adk ill f % I& \ e J 0 i /RaceTracj SUMMARY OF MARKET ANALYSIS: Tamiami Trail & Palm Street, Naples, Collier County, Florida RaceTrac Petroleum, Inc. Collier County Planning 3225 Cumberland Boulevard Parkway &Zoning Department Suite 100 2800 North Horseshoe Drive Atlanta,GA 30339 Naples,FL 34104 • Introduction • Headquartered in Atlanta, GA, RaceTrac is a third-generation, family-owned company that owns and operates more than 400 RaceTrac convenience store locations across four southern states: Georgia, Florida, Louisiana and Texas. RaceTrac also owns more than 300 RaceWay stores in 12 states across the South. In the (! ^........,:yiw,.�r~•._..:!'...«.iily.ew:............... —.....,..;..x.IaV., .1^.'* :,.'.:F'.c. „A.,:,._...,s•.a iYCwc.i-:.- state of Florida, RaceTrac operates 179 RaceTrac stores, 48 RaceWay stores and has over 100 projects in development across the state. RaceTrac strives to carry out the vision of being the "Convenience Store of Choice" by always focusing on our guests. We offer more than 4,000 retail and grocery items to address our guests' continuously changing needs. At our stores you can expect to be kindly greeted by one of several guest associates each time you enter our doors. We always striving to improve to have the safest and cleanest stores everywhere in which we operate. In 2012 we debuted our new 6,000 square foot model stores. These new prototypes feature indoor and outdoor seating, an expansive coffee bar, 24-hour Swirl World frozen yogurt, free WiFi, in addition to the large selection of premium beverage and food items that our guests have historically enjoyed. At the proposed RaceTrac location at the southwest corner of the intersection of Tamiami Trail, Fredricks Street, and Palm Street, RaceTrac's Market Analysis team strongly believes that this Collier County submarket is underserved in the quantity of fuel and convenience options available, and also in the quality of those existing facilities. For these two specific reasons, RaceTrac is excited about the opportunity to serve future Collier County residents at this location and we look forward to the challenge of becoming the Collier 411 County Convenience Store of Choice! Market Analysis According to the RaceTrac Market Analysis Team,the total population within a three mile radius surrounding this site is 79,478 and the total number of employees within the same area is 71,738. Radial.Distance from Proposed Intersection 0.5 miles 1 miles '2 miles 3 miles Total Population: 2,896 7,870 24,508 44,207 Per Capita Income(based on Total Population) $34.932 $31,431 $36,256 $35,500 Median Household Income $42,567 $39208 $43,816 $45,580 Total Population 2,865 7,769 24,286 44,557 Total Employees 1,830 6232 24,594 39,082 There are some existing fuel providers in the area. Traveling north from the proposed intersection, there are two gas stations within two miles of the site. There is a Mobil with 6 Multi-Product Dispensers (MPDs) 1.23 miles north of the intersection catering to south bound traffic and there is a Hess 2.2 miles north of the intersection also serving south bound traffic 41) with 4 MPDS. Traveling south from the proposed intersection, there are four gas stations, only two of which 2 are on the south side of the road. There is a 7-Eleven at the northeast corner at the proposed RaceTrac intersection catering to northbound traffic with 6 MPDs, a Kangaroo 0.6 miles south on the south side of the road with 6 MPDs, a Chevron with only 4 MPDs one mile south on the south side of the road, and a Hess •vith 6 MPDS 2.0 miles south of the site catering to northbound traffic. Company Number of MPDs Primary Direction Served Distance from Proposed Intersection Hess 4 Southbound traffic 2.2 miles north Mobil 6 Southbound traffic 1.5 miles north 7-Eleven 6 Northbound traffic -- Kangaroo 6 Southbound traffic 0.6 miles south — ' Chevron 4 Southbound traffic 1.0 miles south Hess 6 Northbound traffic 20 miles south In total we have calculated 32 MPDS within a 4.2 mile stretch on Tamiami Trail. In front of the proposed RaceTrac location, there are 33,500 cars on Tamiami Trail (per FDOT's 2014 Average Annualized Traffic), which increases to 53,500 traveling west past Davis Boulevard. Admittedly, and it being the same as all real estate development, there is not a magic formula to determine a specific need for an additional fuel provider. However, it is in our opinion, which is based on over 80 years of experience in the industry, that the volume of traffic on Tamiami Trail which is being generated by the population and employees already in the area can support an additional provider. Specifically, 32 MPDs across a 4-mile stretch of road presents an opportunity for an underserved area for this sector of the marketplace. RACETRAC SETTING A NEW STANDARD IN COLLIER RaceTrac's newest prototype has been built at (3) locations within Collier County and we hope to have (5) more on the way. We believe these new stores set a very high standard for fuel and convenience providers within the market. This standard is not only in the convenience store sector, but for all retailers. Each new store features an award winning architectural design with high end exterior finishes, indoor and outdoor seating, an expansive selection of our Crazy Good Coffee, 24-hour Swirl World frozen yogurt, free Wi-Fi and the thousands of items one comes to expect from a RaceTrac convenience store. When considering the separation waiver, we ask you to compare the existing fuel and convenience providers to RaceTrac's newest efforts within the county. It is our belief that approving this RaceTrac will continue to push the existing businesses (referenced below) to improve their offering, pricing, and operational aptitude to stay competitive in the market place. Further, it is our belief that an ultimate approval of the proposed RaceTrac project would only benefit the citizens of Collier County and ensure competitive fuel-pricing, state of the art stores, and best in class operations. The images on the following pages should help illustrate the contrast in the convenience stores of the past and the stores of the future. • 3 . -.�.- . -4.-',, ..E%. ;,, 14s . 'zi .' r 'c'i kP 1 z i 3 ' _ ,,:,�£ fk any fr `c ,:',,:i.:"f,.. ;„.,,,,s,,,,, fav£rte evu ' • 1. ;a€,. n a . -� „� . si _ '.- . - f i s an "�"m3i2 n r m. a$s.s cay .aP , .45;', .1,,,,,`ill , . %� / Mobil: 1.5 miles north of proposed intersection ' A ru R - tea rrr r. 8> < r ` ' � . ,am E'-°`•' ., y'� • ,it W Le. y t. Aliiit • � x. .h ,syryYMiWYM .a q��vYa :y Kangaroo: 0.6 miles south of proposed intersection IllKangaroo: 0.6 miles south of proposed intersection 4 '—.7= ''',7`.7".?..‘",:tw ' 7,ttt',-,-' -;,,,:tt:.,t117:',W;F:.,"' itaffrrik- - '. "A"- 'Z':..4, ''' ,,°..-' ..Iii ,',Jilin'— if:*‘',,'-.4', '''t,t1.,•.\,,st *,,,4 `.*.,.'%* ,`-• 'I*,4-~4. , - , II T q ` '`ti ''s - Mi t zi—„,,, pro - „ .h ax ;m .�y,), ''..,.°( '^ak � �� _,w4•,'*`y�Y.w' �'?Ei.,: ,.,.�..�w.Y #t yes i',6 4 =ecx.€o..,..-_.. ,. 4. 4, 1 t r, .,-.,,.„. AMI i 0 ' E ! ,r�vgy '4 4 `d Chevron:1.0 miles south of proposed intersection r t sF. 3>'$+�z�. zs v,»A, _ ' sa to L ... "�.w`. g ^C k P s, `' �F " ro'� �dd�buy y�#" 4 _ _ lill ::,-2.,^,,,-.-; '.‘illi*ot.F.41.r.sc.,...„..**4-_ ,..-'f.... ,4 -,.•'+`" : '' ''... " ,,. ' , ‘,' ,-- ,, ',..:',.. ''- _., '. F,a 3 5 fWit,. c � SRN N, +, ',4,' ., ,mak 4 A a !t.ii;',,,,i,"'IRI ::';.:",041111',1 tlft•'44tf;.'-''''44" '''' 44:":,,,,,. fr,. ,, :',.Z-,,14.7.• ,.,4-ow,,,„4".,./..:4;i;i:-;• twk; ° , . ,.),—,iii..•,,:-:,,,,,,„. ..;:i.';,,..),,,,iii, -..,,.,:~,-,..,,;., ;4 . . 1-.....,,,, , gI %4 . &^ 14- ' , „' z .-, z q ' 'i:V vof y Hess: 2.0 miles south of proposed intersection • Examples of RaceTrac's current efforts in Collier County 5 Hess:2.0 miles south of proposed intersection t � ( a[ _ u„,u.v^,,.,4 v<- !r^.�a.,41lhMF1'.. £ at T �'sntsw.aw �:' ' 100 r T! RaceTrac: Photo of our existing'store „ _, �._.. in the city of Naples on Airport Pulling Road,Collier County ,. --,4J 221 '.` 4 } iia w+_} L y' ,� aT --14%. ^.. 41h'". Abt*Rkd 6 ' _ mi i. A+:M1i°: ..,,,,..,:-..,---.-4„,,,-,4,, _,,,,,,,,,,,,„ ,,,,,, , \ i ,Lf4A 1 y, ,s i '"rte .e =ate, �. x x>+ _ .�' -::-,::.:::,,;*,4614* ate,* $, .',.',,,..,i.:,.,:-,.-,-,,,',*.-.----- to 1 U • ., � ,- 3YraM'. ag t Y k ,gyptfJ m � y, t g �'R%"'-sem " '� ✓x^�a,,r ,"i rte,,,,._ ,= r.�. � rSs ,&, �`., RaceTrac: Photo of existing canopy per Collier County standards. Store at Manatee and Collier Blvd. • 6 fix ' �; ' �5 g'e Y" C-Prk Y 1" a: r z .2wMc ..4 - :��:s-`" » •Axl• f^°Z°J ' �w. _ �,. .... .. -- .— .. ¢ Ate' „ ,,, ,. ,,,,,t,„.„,.., ,,1” i ...-.s4., ,„..-,.., ,,, 'V-",,... ?,,, 1.91 e — x , • . �' .7._- 'tom s :° • . ' ' "\\ - .—,,,-.----r—, '- —' --"*"—""6"2""lt- , .... _ — ,I . RaceTrac: Photo of existing store at Manatee and Collier Blvd. •ONCLUSION In our opinion the total number of Collier County residents driving daily on Tamiami Trail in front of the proposed intersection, and the total number of existing gas stations is inadequate to meet the needs of Collier County residents. In addition, we hope to bring a superior product aesthetically and operationally to the area; and further, we will bring highly competitive fuel pricing and a mix of over 4,000 retail items in order to satisfy every one of our guests' needs. Lastly, each new RaceTrac brings 20 or more new jobs to the community, and each of the markets we serve becomes a special part of the RaceTrac family. RaceTrac looks forward to serving future Collier County residents at the proposed location and throughout the County as we grow our brand through both new store growth and unparalleled guest experiences. III 7 Letter of Authorization • I, Dale E. Chlumsky , President of Nazdar Inc., being first duly sworn, depose and say that Nazdar Inc. is the Owner of the property described as: 4841-endr1886,Fretfr'iok-Street..Naples FL- 34102 R:""e4Vgtt"" ..,..., PARCEL #: 26880200101. 26880240006, 26880400008. 26880440000, 26880480002, and 26880860003 The property described herein is the subject of an application for zoning or development. We hereby designate RaceTrac Petroleum. Inc. as the legal representative of the property and as such, this individual is authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and development approval on the site. Name of Property Owner: • Nazdar Inc. By eitit Signature Dale E. Chlumsky. President Printed or Typed Name and Title / warn to and subscribed before me this day of(1j , 20 ,( , by °4-1"e- rh,(cwvvt' , who is personally known to me or who has produced as identification. He/she has acknowledged to me and before me that he/she executed this instrument for the purposes therein ex, e s-., FI/ �n ` My commission expires: Notary Public .yd*� NATAEIE SCNAU$ P �naN try Contin Expkeo hi'T,2G1T ' COMANOSIIII 01,4112K Letter of Authorization • I, Nicholas D. Chlumsky , Manager of Chlumskv Holdings LLC., being first duly sworn, depose and say that Chlumsky Holdings LLC.. is the Owner of the property described as: ,emm�x{a.nttl-+a..e*t*1fr vre+n..-+e,.,.�_,. ,.,.,.--,-.>..,.a....w, n..,.r-..-- •—•......+n. .--•. -,:.=» :x+ra r.eeyrr ....:a,sur..-,a.*,n:«.arn-" _.r..._ :y .::e ........_..«... Address: No Site Address PARCEL#: 26880320007 and 26880280008 The property described herein is the subject of an application for zoning or development. We hereby designate RaceTrac Petroleum. Inc. as the legal representative of the property and as such, this individual is authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and development approval on the site. • Name of Property Owner: Chiumsl iHt#din s C. Alliej By Mirr/r • Sig re Nicholas D. Chlumsky. Manager Printed or Typed Name and Title II��,, Sworn to and subscribed before me this7. day'of Mcuh , 20/T, by n N t CDI( S 11 ,who is •ersonaliy know to me or who has produced as identi lea on. He/she has acknowledged to me and before me that he/she executed this instrument for the pur oses therein expressed. My commission expires: Notary ub is l . .p ,o1 l .,iitt C.D1NGESS Print Name LJ _` r , ;�a Commission#EE 153152 • Expires December 14,2015 BondedThVTroyF�hfnYYe9ee6OQ U40M • Co er County COLLIER COUNTY GOVERNMENT 280u NUKIH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 • www.coiliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P . 10 tS 0001349 M•:, . .,.,;r,.I,BriennTmornion- • ,, _, r....:_ .„._',.int name);as--vice PrOoldulltota"leAate anaS,9h a (title;-if applicable).oF.. .>.. .. :»�..... RaceTrac Petroleum,Inc. (company,If applicable),swear or affirm under oath,that I am the(choose one)owner—applicant_contract purchaser X and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in tins application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred,conveyed,sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize oeusi Fttzgaratd,Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Noses: • If the applicant is a corporation,then it is usually executed by the corp.pres.or v.pres. • If the applicant is a Limited Liability Company(L.L.C)or Limited Company(L,C),then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named • partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • It each instance,first determine the applicant's status, e.g., individual, corporate,trust,partnership, estate eta, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 12 AA ' l Vt9 /0Signature STATE OF FLORIDA COUNTY OF COWER CSC 10 t%(c $104-;41-•••• The foregoing instrument was sworn to(or affirmed) and subscribed before me on .2-f (date)by"Cu-or am► (name of person providing oath or affirmation),as VP Eke„ 4 NLea1 ev4= who is personally known to me or who has produced ------ (type of identification)as identification. ,1INflti'/�� OP a'�asioMii•�, ci .,, 400 Signature otary Public `�` tf • } 5/28/2015 Page 5 of 5 9Lcoyunt COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 Pre-Application Meeting Notes ...,.1•..+.wernrwwr wa+--e++w+^.a�^�.,....,.::..t.„..•mf � fr4�.rrep+}waxe.+�..-n+r.+r�. ,. ,.....;a.sw...a.•..—.,,A-.....d ,.rwaw.,-,.,..,.,.a .w.,utax . iRYtrMwP�T.Lf}�VFifilBNTY M Date and Time: Wednesday October 21,2015 at 1:30 Assigned Planner: Fred Reischl Engineering Manager(for PPL's and FP's): Project information Project Name: RaceTrac PL#: 20150002369 Property ID#: multiple Current Zoning: 2096 Tamiami Trail E Naples State: FL zi Project Address: City: p: Applicant: RaceTrac • Agent Name: Kristina Johnson Phone: 418-0691 Agent/Firm Address: 1605 Hendry St City: Fort MyersState: FL Zip: 33901 Property Owner: Nazdar Inc Please provide the following, if applicable: i. Total Acreage: • 4- ii. Proposed#of Residential Units: ,Vii iii. Proposed Commercial Square Footage: 59,2 cel' p= iv. For Amendments,indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the tYpe and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Co-Lee-Co Terrace Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes • • $9C! CY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting andFinal Submittal {'Required`myentt Checklist �for: _.'l .i,:r.Y:f..M'i•rtMIS. iMir1.-2Q S•}MbK t. rom- epe �Requ'i!'ements4or ut iloSeoArtoS Y1Vt's: �•."••'.Y ..t/-.+- :114MrM Chapter 6 G. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF REQUIRED NOT COPIES REQUIRED Completed Application(download from website for current form) / ❑ ❑ Completed Addressing Checklist 1 ❑ Pre-Application meeting notes / ❑ ❑ Conceptual Site Plan 24 in.x 36 in.,along with one reduced copy 8Yin.x11in. ' ❑ Warranty Deed 2 Q ❑ Affidavit of Authorization,signed and notarized 2 ❑ • Environmental Data Requirements,if required 3 ❑ ❑ Aerial photographs 5 ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials 1 ET ❑ to be submitted electronically in PDF format. Letter of no objection from the United States Postal Service. Contact 1 ❑ Robert M. Skebe at(239)435-2122. Written Market Study Analysis ❑ ❑ *If located in the Bayshore/Gateway triangle Redevelopment Area,include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/3/2014 Page 3 of 4 Co er Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.cotlierttov.net (239)252-2400 FAX:(239)252.6358 PLANNERS INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: hie..:.-...... ._... ............ .,. .. .: rivri Bayshore/Gateway Triangle Redevelopment: al Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet EI Addressing:Annis Moxam ZI Graphics:Mariam Ocheltree O City of Naples: Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning: See Pre-Application Li Immokalee Water/Sewer District: Meeting Sign-In Sheet ❑ Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad County Attorney's Office: Heidi Ashton-Cicko Transportation Pathways: Emergency Management: Dan Summers; El School District(Residential Components):Amy ❑ and/or Heartlock EMS:Artie Bay O Engineering: 71—Transportation Planning: ❑ Other: _ by Utilities Engineering: Kris VanLengen FEE REQUIREMENTS All checks payable to:Board of County Commissioners • E Pre-Application Meeting:$500.00 (to be credited towards the application fee if the application is filed within 9 months of pre-application meeting) !-1 Automobile Service Station Separation Requirement Waiver: $1,000.00 ❑Estimated Legal Advertising fee for the Office of the Hearing Examiner or the BZA: $500.00 Agent/Owner Signature Date Applicant/Owner Name(please print) • 6/3/2014 Page 4 of 4 Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE IIIGROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104- www.collierZtov.net (239)252-2400 Pre-Application Meeting Sign-in Sheet PL#:20150002369 -•:a.. .. ,... ....,,y j. ....., ., ..u:..... �i5:_.tl.3iSNtt �l4f RN..k:.r17S a.Nu-.L_cs<.' - - Collier County Contact Information: Name Review Discipline Phone Email ❑ Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net 1 ❑ Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net X. Steve Baluch,P.E. Transportation Planning 252-2361 StephenBaluch@colliergov.net . Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net ❑ Madelin Bunster Architectural Review - 252-8523 madelinbunster@colliergov.net Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colllergovv.net _ • Iiifi Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidlashton@colliergov.net. ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@coihergov.net ❑ Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net ❑ Nancy Gundlach,A1CP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org 1 ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net El Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net ❑ Eric.Johnson,AICP,CFM Zoning Services 252-2931 erlcjohnson@colliergov.net ❑ arcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net Stephen Lenberger Environmental Review 252-2915 steveienberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net Cl Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net _ ❑ Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@colliergov.net Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 giibertmoncivaiz@colliergov.net El Annis Moxam Addressing 252-5519 annismoxam@colliergov.net El Stefanie Nawrockl Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net • ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 _ brandyotero@colliergov.net I $ oty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 • www.colliergov.net (239)252-2400 L❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net .71 Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net El Stacy Revay Transportation Pathways 252-5677 stacyrevay@colllergov.net ❑ Brett Rosenblum;P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net X Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net 11 Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net _ lir Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colllergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net Dir Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net El Kris Van Lengen Utility Planning 252-5366 krisvanlengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ri David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net _ O Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net O Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: • Name Representing Phone Email sem, Fos4,e_ R4c.1.41,fr P.4iIe.w s04,g411'3 Fil ✓e(,kc...•. Mr-oitA-A 1.ti441/41si DEusi ?tri-c,a_i -4 ciii-01t otisr.v4.a. bEusi Rice, ,t4lcaf,. 2.-I i/�v44,ti'�J• clic •-7� Liss-3 ns c-tY4 do, .s+n-t-L c lit ikt lg-..c w. --r-A,„ 1 'h 04 icw ci iia74t�, r�ry e� (ra p4, t.av�, 1 1 • Cofer County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 .,,,. >.. . ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. — _ am PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Camival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat 0 SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change–Unpiatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) • ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER Waiver-Gas Station LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attached) See Attached -- 11-50-25 - Those portions of Col-Lee-Co Terrace Subdivision FOLIO(Property ID)NUMBER(s)of above(attach to,or associate with, legal description if more than one) See Attached STREET ADDRESS or ADDRESSES(as applicable, if already assigned) See Attached • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) RaceTrac at Palm Street PROPOSED STREET NAMES(if applicable) N/A • SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP^ or AR or PL# CO ler County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) N/A Please Return Approved Checklist By: 1=1 Email ❑ Fax ❑ Personally picked up Applicant Name: Kristina Johnson Phone: 239-418-0691 Email/Fax: kristina@delisifitzgerald.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. 41110 FOR STAFF USE ONLY Folio Number See attached folio numbers Folio Number Folio Number Folio Number Folio Number Folio Number. Approved by: n.ndXl - Date: 10/15/15 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE . UPDATED OR NEW FORM SUBMITTED • LEGAL DESCRIPTION EXHIBIT A OF FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT FOR TITILE INSURANCE, ORDER No.:4692713, EFFECTIVE DATE FEBUARY 03, 2014 AT 8:00a.m. PARCEL I: LOTS 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,29, 30, 37, 38, 39, 40,41, 42, 43, 44 AND 45, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS ROAD RIGHT-OF-WAYS PARCEL II LOTS 31, 32, 33 AND 34, COL-LEE-CO TERRACE ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY ID NUMBERS • 1. 26880200101 2. 26880240006 3. 26880320007 4. 26880280008 5. 26880400008 6. 26880440000 7. 26880480002 8. 26880560003 L\21293-RaceTrac @ Palm Street\Permits\Collier County-SDP\LEGAL DESCRIPTION.docx DELIS! FITZGERALD, INC. Planning-Engineering-project Management • RACETRAC AT PALM AUTOMOBILE SERVICE STATION WAIVER, PURPOSE, AND INTENT: December 8, 2015 Introduction: This application is for a Facility with Fuel Pumps Waiver for the RaceTrac convenience store with fuel pumps located on the southeast corner of Tamiami Trail East and Frederick Street in Naples, Florida. The gas station with convenience store use is a permitted use on the property. The use is not the subject of this waiver request. At the pre-application meeting held on October 21St, 2015 the applicant expressed that the purpose for this Waiver is to address a comment received on the Site Development Plan (SDP) application (PL20140000378) that stated a Waiver must be approved prior to approval of the SDP. At the pre- application meeting, the applicant further described that the location for the proposed RaceTrac convenience store is not adjacent to a facility with fuel pumps. This application is being made under protest because it is still the opinion of the applicant and its legal counsel that a waiver for "Site Plan A" is not needed due to the fact that it is not adjacent to the nearby 411 7-Eleven station. To clarify, there is an SDP application currently under review that proposes a RaceTrac convenience store with fuel pumps on the southeast corner of Tamiami Trail East and Frederick Street, referred to as 'Site Plan A.' Site Plan A is not adjacent to a facility with fuel pumps and a Waiver is not required. When the SDP was originally submitted on April 10th, 2014, the RaceTrac convenience store with fuel pumps was proposed at the southwest corner of Tamiami Trail East and Palm Street, referred to as 'Site Plan B.' Site Plan B was adjacent to the existing 7-eleven Convenience Store with fuel pumps. This Waiver application includes both 'Site Plan A' and 'Site Plan B', with the respective separation distances to the 7-eleven Convenience Store with fuel pumps located at the northeast corner of Tamiami Trail East and Commercial Drive. This Waiver application presents how both 'Site Plan A' and 'Site Plan B' meet the four (4) requirements in LDC Section 5.05.05.B.2.a including enhancements proposed with the proposed development to address compatibility with the surrounding uses. Also enclosed is a market 1 analysis supporting the proposed use in the proposed location. • Adjacent Uses: • The subject property is located in the Gateway Triangle Mixed Use Overlay District (GTMUD-MXD) in an area of existing development and infrastructure to support commercial uses. To the north of the property is Tamiami Trail East with existing commercial development across the street. To the east of the property is Palm Street with existing commercial development across the street. To the south of the property is an existing 20' platted alley with existing residential on the other side. Lastly, to the west is Fredrick Street, and across the street in the City of Naples, is an existing Planned Development fronting along US 41. Other properties south of the planned development across Fredrick Street are residential uses. The property is located directly on Tamiami Trail East which is the most predominant east-west transportation corridor in East Naples. Existing Site: The existing site consists of eight (8) separate parcels. One (1) parcel has an existing building and site improvements for the former Little Italy restaurant. One (1) parcel was the previous location of a Checkers fast food restaurant that has since been demolished. The remaining six (6) parcels have been previously cleared of all vegetation and the only existing feature is a billboard sign that will be removed with the • construction of the RaceTrac improvements. Automobile Service Station Justifications for Section 5.05.05.B.2.a A facility with fuel pumps is a permitted use per the GTMUD-MXD zoning section of the Land Development Code, 2.03.07.N.4. Although the use is a permitted use, the LDC has specific design requirements for facilities with fuel pumps as described in LDC Section 5.05.05.B. Specifically facilities with fuel pumps must provide a minimum separation of 500- feet from adjacent facilities with fuel pumps. Section 5.05.05.B of the LDC also provides four (4) criteria for the Hearing Examiner to consider for granting a Waiver from the separation requirement. A brief description of how both Site Plan A and Site Plan B satisfy the four (4) waiver criteria from Section 5.05.05.B.2.a of the LDC is presented below. The criteria described below applies to both Site Plan A and Site Plan B unless otherwise stated. i. The first factor to consider is the existing features that lay between the proposed RaceTrac and the existing 7-eleven Convenience Store with fuel pumps that may limit the necessity for the minimum ID separation requirement. For this criterion, the existing 6-lane divided Tamiami Trail East right-of-way lies between the proposed RaceTrac RaceTrac Automobile Service - 2 - Station Waiver Narrative and the existing 7-Eleven. The RaceTrac site is proposed on the south side of Tamiami Trail East, and the existing 7-Eleven is located on the • north side. Furthermore, there is a raised median in the road that further limits access from the south to the north. The Tamiami Trail East right-of-way with a raised median provides the additional separation to lessen the impact of the proposed development. ii. The second factor to consider is the services offered by RaceTrac and their hours of operation. Although gasoline sales are a significant source of RaceTrac's business, they offer a wide variety of in-store services including their coffee bar, frozen yogurt station, and prepared hot food options. In addition to these offerings, they have indoor and outdoor dining areas for patrons to use with free wi-fi and electronic device charging outlets. These dining areas are a unique feature to RaceTrac that are not available at the existing 7-Eleven across Tamiami Trail East. In order to provide adequate service to the public, their operation will be 24-hours. It should be noted that RaceTrac does not offer automobile services such as repairs, oil changes, etc. iii. The third factor to consider is the access to RaceTrac from the adjacent rights-of-way. The project proposes a full access to Palm Street in the existing location as the Little Italy's access. Additionally, a southbound right turn lane is proposed on Palm Street that will help facilitate traffic into the subject property. Additional improvements are proposed on Palm Street to improve the operational capacity of the Palm Street - Tamiami Trail intersection. These improvements include the creation of a northbound through/right-turn lane lengthening of northbound left turn lane. A sidewalk is also proposed on the west side of Palm Street directly adjacent to the subject property. The project proposes a right-in right-out access on Tamiami Trail East in a location that provides better spacing with Palm Street than the existing driveway that served the Little Italy restaurant. A right turn lane is proposed for the access on Tamiami Trail East. Site Plan A proposes a full access to Frederick Street that is aligned with the existing access driveway across the street. Sidewalk is proposed on the east side of Frederick Street adjacent to the subject property. iv. The forth factor to consider are adverse impacts to adjacent land uses, especially residential. For this criterion, RaceTrac gave careful consideration to their site layout, lighting, outdoor speakers, perimeter buffers, number of fueling positions, and the fuel canopy RaceTrac Automobile Service - 3 - Station Waiver Narrative height. As previously described, the residential properties are located • to the south and east of the property and existing commercial and Planned Developments are to the north, east, and west. This factor has been divided into Site Plan A and Site Plan B in order to differentiate between the sites. Site Plan A: a. Site Plan 'A' is a modification from the original proposal by shifting the convenience store building to the northwest corner of the property further away from the residences. The general site layout, which is typical for gas stations, has the fuel canopy positioned in the front (north) along Tamiami Trail East and away from the residences. The proposed convenience store building is behind (south of) the fuel canopy. Therefore the main vehicular traffic areas are buffered from residential by the proposed convenience store building. The convenience store has two (2) public entrances that face US-41 and the future commercial parcels to the east. Therefore, pedestrian activity does not face the residential properties to the far south or to the west along Frederick Street. The position of the proposed development is such that there are future commercial parcels between the • RaceTrac property and the residential properties to the far south. b. The proposed site layout not only buffers the vehicular traffic from the residential uses but also helps to buffer the site lighting. Proper site lighting for the fuel canopy and parking areas is an important safety factor for RaceTrac since they operate 24-hours. All site lighting will be designed to meet the code's requirements for illumination. RaceTrac is proposing the use of recessed LED lighting for the fuel canopy which directs the light downwards. Also RaceTrac proposes the use of LED lighting on the site that will be recessed and directed away from the residential properties. Lastly RaceTrac is proposing the use of light fixtures that meet the International Dark-Sky Association's statement on outdoor lighting. The proposed fixtures and luminaires are intended to increase energy efficiency, reduce glare and stray light, and to avoid adversely impacting the outdoor environment. Following the IDA's statement is not required by code and is a betterment plan proposed by RaceTrac. • RaceTrac Automobile Service -4 - Station Waiver Narrative c. The fuel canopy will be equipped with a speaker system that provides music at the pumps. The speakers are directed to • each fueling position and the volume is only audible at that fueling position and will not exceed the code's allowable noise levels. Utilization of the speaker system for music will be limited from 7am to 7pm. A separate speaker system is provided at each fueling position to communicate with RaceTrac staff if assistance is needed. This speaker system is necessary for safety reasons and will not have limited hours. d. Currently the site, which has frontage on US-41, Palm Street, and Fredrick Street, only provides six (6) palm trees in the southeast corner of the property where the former Little Italy restaurant is located. There are no other buffer improvements on the property to shield the view, noise, and lights of US-41 to the residences. There are specific landscape buffer requirements for the GTMUD-MXD district as described under Section 4.02.16.E and additional landscape requirements for facilities with fuel pumps under Section 5.05.05.D.2.b. RaceTrac is proposing a landscape plan for the entire development that will provide a buffer between the residentially zoned properties and US-41 that does not exist today. e. The height of the fuel canopy is proposed to be a maximum • of 16' of clear height. This height is intended to further identify this gas station as a neighborhood fueling station. As mentioned previously, the proposed site layout locates the convenience store between the residences and the fuel canopy with the primary entrance into the building facing north towards US-41. This provides another buffer between the residences and the fuel canopy. Site Plan B: a. The general site layout, which is typical for gas stations, has the fuel canopy positioned in the front (north) along Tamiami Trail East. The proposed convenience store building is behind (south of) the fuel canopy. Therefore the main vehicular traffic areas are buffered from residential by the proposed convenience store building. No vehicular traffic, including truck traffic, is proposed behind the building adjacent to residential. Furthermore RaceTrac positioned their dumpster and loading area on the west side of the proposed convenience store building which is the farthest 111 distance from the residential properties. The dumpster and RaceTrac Automobile Service - 5 - Station Waiver Narrative loading area locations were specifically chosen to eliminate • traffic behind the convenience store building. The site plan has been modified from the original proposal by shifting the convenience store building north and west further away from the residences. This was accomplished by reducing the number of fueling positions. Furthermore, the dumpster, still proposed on the west side of the convenience store building, shifted further north of the convenience store building to provide more separation between the residential. The current site plan has the customer entrances proposed on the north and east sides of the building, facing US-41 and Palm Street respectively. There are no customer entrances on the south side of the building facing the residences. b. The proposed site layout not only buffers the vehicular traffic from the residential uses but also helps to buffer the site lighting. Proper site lighting for the fuel canopy and parking areas is an important safety factor for RaceTrac since they operate 24-hours. All site lighting will be designed to meet the code's requirements on illumination. RaceTrac is proposing the use of recessed LED lighting for the fuel • canopy which directs the light downwards. Also, RaceTrac proposes the use of recessed LED lighting on the site that will be directed away from the residential properties. Lastly RaceTrac is proposing the use of light fixtures that meet the International Dark-Sky Association's statement on outdoor lighting. The proposed fixtures and luminaires are intended to increase energy efficiency, reduce glare and stray light and to avoid adversely impacting the outdoor environment. Following the IDA's statement is not required by code and is a betterment plan proposed by RaceTrac. c. The fuel canopy will be equipped with a speaker system that provides music at the pumps. The speakers are directed to each fueling position and the volume is only audible at that fueling position and will not exceed the code's allowable noise levels. Utilization of the speaker system for music will be limited from 7am to 7pm. A separate speaker system is provided at each fueling position to communicate with RaceTrac staff if assistance is needed. This speaker system is necessary for safety reasons and will not have limited hours. • RaceTrac Automobile Service -6- Station Waiver Narrative d. Currently the site, which has frontage on US-41, Palm Street, and Fredrick Street, only provides six (6) palm trees in the • southeast corner where the former Little Italy restaurant is located. There are no other buffer improvements on the property to shield the view, noise, and lights of US-41 to the residences. There are specific landscape buffer requirements for the GTMUD-MXD district as described under Section 4.02.16.E and additional landscape requirements for gas stations under Section 5.05.05.D.2.b. RaceTrac is proposing a betterment plan that exceeds the code required landscape buffers especially in those areas adjacent to residences as further described. For areas adjacent to residential, there are two (2) buffer options per Section 4.02.16.E.2.a.i. Since RaceTrac is proposing a masonry wall they are required to provide a 10' wide buffer with trees spaced no more than 30' on-center. There are additional landscape requirements specifically for gas stations located in Section 5.05.05.D.2.b. Section 5.05.05.D.2.b requires a single row hedge with a minimum height of 4' at planting, spaced every 3' on-center, and maintained at a height of 5'. Combining these two (2) sections of code results in a required 10' wide buffer, 6' high masonry wall, 5' high single row hedge, and trees every 30' • on-center. RaceTrac is exceeding each of these requirements as further detailed below. i.) First, the site plan exceeds the minimum 10' wide buffer requirement by providing 20' at a minimum of planting area, double the requirement. Furthermore the building setback requirement is 40' from the southern property boundary and RaceTrac is proposing 105', over double the requirement. The proposed parking area setback is 10' from the southern property boundary and RaceTrac is proposing 36', triple the requirement. ii.) Second, the proposed 10' high masonry wall is nearly twice as high as the requirement of providing 6-feet of additional height in an effort to block the proposed development and US-41 from the residential. The proposed wall will be placed 14.5' off the property boundary at the top of the perimeter berm. This distance alone exceeds the required 10' landscape buffer width. The perimeter berm has been designed • with a top elevation of 5.5' NAVD which is RaceTrac Automobile Service - 7- Station Waiver Narrative approximately 3' above the existing grade in the alley. • This results in a 3' high berm with a 10' high masonry wall for a total height of 15'. The masonry wall will have architectural features similar in style and color with the convenience store building. iii.) Third, RaceTrac is proposing to install the required 5' single hedge row on the residential side of the wall directly adjacent to the wall. Additional meandering hedges and ground covers are also proposed on the residential side of the wall. The additional hedges will be maintained at a height of 3' and the ground covers will be maintained at a height of 1.5'. Lastly, RaceTrac is proposing to install trees every 25' on the residential side of the wall. Two (2) different tree species are proposed that will have a height of 12' at the time of planting. The combination of the 5' hedge, 3' meandering hedges, ground covers, and 12' trees on the residential side of the wall are intended to provide both an aesthetically pleasing and functional buffer. Each element of the landscape buffer adjacent to residential goes beyond the code requirements and is a part of the betterment plan offered by Racetrac. • On the RaceTrac side of the 10' high masonry wall, a single hedge row is proposed directly adjacent to the wall. Also the vehicular use areas closest to the residential use will be provided with a double hedge row and trees at the back of curb. This proposed landscape will further buffer the residential use and is part of the betterment plan. e. The proposed fuel canopy has 16 fueling positions which is a 33% reduction from the original proposal that included 24 fueling positions. The 7-Eleven on the north side of US-41 offers 12 fueling positions. When the original proposal was submitted, the code did not regulate the allowable number of fueling positions. The 16 fueling positions is consistent with all other RaceTrac offers within Collier County. f. The height of the fuel canopy is proposed to be a maximum of 16' of clear height. This height is intended to further identify this gas station as a neighborhood fueling station. As mentioned previously, the proposed site layout locates the convenience store between the residences and the fuel ID canopy with the primary entrance into the building facing RaceTrac Automobile Service - 8 - Station Waiver Narrative north towards US-41. This provides another buffer between the residences and the fuel canopy. • Market Analysis: Please reference the market analysis submitted as part of this Facility with Fuel Pumps Waiver application. Ordinance 15-46 Supplemental Standards for Facilities with Fuel Pumps adopted July 7th 2015: The proposed RaceTrac convenience store with fuel pumps is not subject to Ordinance 15-46. Ordinance 15-46 includes a section with supplemental standards for facilities with fuel pumps that are within 250' of residential property. Although this RaceTrac is NOT subject to Ordinance 15-46 the supplemental standards are listed below with a description of the proposed RaceTrac design features following each item italicized. 1. All structures shall provide a minimum 50-foot front, side, and rear yard setback from residential property line(s). Site Plan A and Site Plan B meet this item. 2. Landscaping and masonry wall standards. • a. Facility with fuel pumps sites shall be separated from residential property by a thirty (30) foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three (3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover. Site Plan A and Site Plan B both provide a thirty (30) foot wide landscape buffer to residentially zoned properties. Site Plan B complies with the remaining items in this requirement. Additionally Site Plan B proposes a masonry wall twelve (12) feet in height. b. Landscaping shall be required on both sides of the masonry wall. On the residential property wall side, a hedgerow consisting of 10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees • spaced thirty (30) feet on center and ten (10) feet in height at RaceTrac Automobile Service - 9 - Station Waiver Narrative planting are required. On the facility side of the wall, a row • of canopy trees spaced thirty (30) feet on center, and twelve (12) feet in height at planting, are required. A hedgerow consisting of ten (10) shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential side of the wall. Site Plan A is not required to meet this standard because it does not abut residential zoning due to the commercial zoned parcel on Fredricks Street and the remaining overall parcel. On the residential side of the wall, Site Plan B meets the landscape requirements and proposes additional landscaping including another hedge row and ground cover for the entire length of the buffer with a third hedge row proposed throughout the length to provide variation. Lastly, trees are proposed every twenty-five (25) feet instead of 30-feet. On the facility side of the wall, Site Plan B proposes a single hedge row and trees spaced every thirty (30)feet. 3. Music, amplified sound, and delivery time standards. a. Music and amplified sound shall not be played in the fuel • pump area between the hours of 10:00 p.m. and 7:00 a.m. Site Plan A and Site Plan B meet this item. b. Music and amplified sound shall not be audible from the residential property line. Site Plan A and Site Plan B meet this item. c. Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. in the area located between the neighboring residential property and the facility with fuel pumps. Site Plan A will commit to no dumpster pickups during these hours. Site Plan B does not provide for any delivery areas between the residential properties and the facility. 4. Lighting standards. a. On-site lighting. i. All light fixtures shall be directed away from neighboring properties. Site Plan A and Site Plan B meet this item. ii. On-site light fixtures within fifty (S0) feet of residential property shall not exceed a height greater than fifteen RaceTrac Automobile Service - 10- Station Waiver Narrative (15) feet above finished grade. Light fixtures elsewhere shall not exceed a height greater than twenty (20) feet • above finished grade. Site Plan A and Site Plan B both propose light fixtures with a height not to exceed twenty (20) feet above finished grade. iii. All light fixtures shall be full cutoff with flat lenses. Site Plan A and Site Plan B meet this item. iv. On-site luminaries shall be of low level, indirect diffuse type, and shall be between a minimum average of 1.5 foot-candles and a maximum average of 5 foot-candles. Site Plan A and Site Plan B will both provide a minimum average of 1.5 foot-candles and a maximum average of 8 foot-candles for the entire site. v. Illumination shall not exceed: a) 0.5 foot-candles at all residential property lines; and Site Plan A and Site Plan B will meet this item. b) 0.2 foot-candles at ten (10) feet beyond all residential property lines. • Site Plan A and Site Plan B will meet this item. b. Under-canopy lighting. i. Lighting located underneath the canopy shall be recessed, of indirect diffuse type, and designed to provide light only to the pump island areas located underneath said canopy. Site Plan A and Site Plan B meet this item. ii. Under canopy luminance shall be between a minimum average of 5 foot-candles and a maximum average of 20 foot-candles. If the waiver is granted, both Site Plan A and Site Plan B will be meet this requirement. 5. Dumpster enclosures. At a minimum, the dumpster enclosure shall be located at a distance from residential property equal to the setback of the principal structure from residential property. Site Plan A and Site Plan B meet this item. 6. See LDC section 5.05.11 for car washes, vacuums, and compressed • air stations abutting residential zoning districts. RaceTrac Automobile Service - 11 - Station Waiver Narrative No car wash is proposed. Both Site Plan A and Site Plan B propose a • vacuum and compressed air station. Site Plan A is not required to meet this standard because it does not abut residential zoning due to the commercial zoned parcel on Fredricks Street and the remaining overall parcel. Site Plan B does propose a ten (10) foot masonry wall along the lot line. Therefore, it does comply with this item. Summary: As detailed in Section 5.05.05 of the Land Development Code, the attached application demonstrates the following: For both Site Plan A and Site Plan B: 1. The proposed use is a permitted use per the zoning. 2. The existing gas station across the street is separated from the Proposed RaceTrac by a 6-lane arterial right-of-way with a raised median. 3. The proposed RaceTrac offers convenience store services that are unique to the area. 4. The Site Plans have been prepared to minimize vehicular traffic near the residential properties and to buffer noise and lighting. 5. The fuel canopy is proposed to have a maximum of 16' of clear height under the canopy. • 6. The proposed lighting plan will follow the International Dark-Sky Association's statement on outdoor lighting. This is a betterment plan for the parcel. For Site Plan A: 1. This site plan is not adjacent to a facility with fuel pumps. For Site Plan B: 1. There are adequate access points to the property from US-41 and Palm Street. Right turn lanes are proposed at the access points to US-41 and Palm Street and additional right-of-way improvements are proposed along Palm Street. 2. The landscape buffer adjacent to residential is proposing a 10' high masonry wall and twenty (20) feet of planting with a minimum width of thirty (30) feet of open landscape area. Code requires a 6' high masonry wall and 10' wide buffer. This buffer has been designed to be both aesthetically pleasing and to offer a functional buffer to noise and light. 3. The convenience store building has been positioned on the site to provide a setback that is two and a half(2.5) times what is required adjacent to residential. • RaceTrac Automobile Service - 12 - Station Waiver Narrative 4. Of the sixteen (16) Supplemental Standards outlined in Ordinance 15-46, which is not applicable to either Site Plan, Site Plan B is • complying with all (16) of them. 5. As a show of commitment to the community and to the project, RaceTrac is willing consider development options for the remaining piece. That area could be proposed as a park with open play areas and a tot-play lot or could be some type of limited commercial development. This is up for consideration and discussion as a development option. Based on compliance with these, and other regulations, the applicant respectfully contends that this Facility with Fuel Pumps Waiver application will not negatively impact adjacent land uses. Similarly, the proposed use is appropriate at the subject location, and is compatible with the surrounding area. For these reasons, the requested Facility with Fuel Pumps Waiver should be approved. The waiver should be approved for both Site Plans proposed. Due to site plan allowances and site location design, Site Plan B provides for more opportunity to meet or exceed the new supplemental standards. RaceTrac is excited about and committed to developing quality stores for the citizens of Collier County. Both of the Site Plans provide adequate • service levels for this location. It is the opinion of RaceTrac and its legal counsel that "Site Plan A" does not require a waiver for development. The current design is finalizing the SDP process and can be built per code. "Site Plan B" does need a waiver, but provides a more holistic design for the property and the neighborhood. From meeting or exceeding code all supplemental standards to providing development options for the remaining piece of property, RaceTrac respectfully requests that the Collier County BOCC approve the waiver for "Site Plan B". • RaceTrac Automobile Service - 13 - Station Waiver Narrative • IF it is to the pleasure of the Board to approve the waiver for "Site Plan B", then it is respectfully suggested to be approved with the following conditions: 1. That the Site Plan with Deviations that will be needed for official approval of the Site Plan B be directed to the Hearing Examiner for approval. a. This may include: i. Front Buffer reduction along US 41 ii. Maximum height of a screen wall to be allowed up to 10' iii. Sign waivers that are consistent with other RaceTrac Developments within Collier County. iv. The number of continuous parking spaces allowed in a row without a landscape island. v. Approval and acceptance of architectural elements that is consistent with other RaceTrac developments within the county. vi. The allowance of banding on the fuel canopy vii. The approval and allowance of the "dark bronze coloring" on the awnings and banding to be consistent to the Airport Pulling location. • 111) RaceTrac Automobile Service - 14- Station Waiver Narrative Corer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE S GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PETITION FOR WAIVER FROM SEPARATION REQUIREMENTS FOR AUTOMOBILE SERVICE STATIONS LDC subsection 5.05.05 B&Code of Laws section 2-83—2-90 Chapter 6 G.of the Administrative Code PETITION NO(PL) PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Racetrac Petroleum, Inc. Address: 3225 Cumberland Blvd. Suite 100 City: Atlanta State: GA ZIP: 30339 Telephone: (770) 431-7600 Cell: (678) 552-5390 Fax: (770) 431-3953 E-Mail Address: thardy@racetrac.com • Name of Owner(s): See attached property owner list Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) PropertyI.D.Number: See Attached Section/Township/Range: 1 1 /50 /25 Subdivision: Col-Lee-Co Terrace Plat Unit: Lot: 17-34' Block: 37-45 Metes&Bounds Description: Address/general location of subject property: South side of US-41 between Frederick Street and Palm Street BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. • 6/3/2014 Page 1 of 4 Co er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 ZONING INFORMATION . Current Zoning of subject property: C-4-GTMUD-MXD Adjacent property information: Zoning Land Use N C-4-GTMUD-MXD Tamiami Trail Right-of-Way with commercial $ RSF-3 Single Family Residential E C-4-GTMUD-MXD Verizon Service Store W RMF-6 and City of Naples PD Fredrick Right-of-Way with Residential&PD across the street WAIVER REQUEST DETAIL Please address the following waiver request details on an attached separate sheet: 1. What is the extent of the waiver being requested(in linear feet)from the required 500 foot separation? (NOTE:This measurement is the shortest distance between the nearest points of any two lots occupied by an Automobile Service Station,or for which a building permit has been issued.) 2. The Office of the Hearing Examiner may grant a waiver for part or all of the minimum separation • requirements set forth in LDC subsection 5.05.05 8, if it is demonstrated by the applicant and determined by the Office of the Hearing Examiner that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man- made boundaries, structures or other features which offset of limit the necessity for such minimum distance requirements. Staffs analysis and subsequent recommendation, and the Office of the Hearing Examiner's determination, are based on the following criteria as provided by LDC section 5.05.05 B. Please provide a narrative, on a separate sheet attached to this application, describing how the waiver complies with the criteria listed below to the extent you wish as it pertains to the proposed use. a. Describe the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing Automobile Service Station which may, as determined by the reviewing body, lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands,designated preserve areas, canals, and a minimum of a four-lane arterial or collector right-of-way. b. Whether or not the Automobile Service Station is only engaged in the servicing of automobiles during regular, daytime business hours, or if in addition to or in lieu of servicing, the station sells food,gasoline and other convenience items during daytime,nighttime,or on a 24-hour basis. c. Whether the Automobile Service Station is located within a shopping center primarily accessed by a driveway or if it fronts on and is accessed directly from a platted road right-of-way. • d. Whether or not the granting of the distance wavier will have an adverse impact on adjacent land uses especially residential land uses. 6/3/2014 Page 2 of 4 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 239 252-2400 FAX:(239)252-6358 www.colliergay.net ( } Pre-Application Meeting and Final Submittal Requirement Checklist for: Waiver from Separation Requirements for Automobile Service Stations Chapter 6 G. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download from website for current form) ,2 Q El ^Completed Addressing Checklist1 - ❑ ❑ Pre-Application meeting notes 2 0 El Conceptual Site Plan 24 in.x 36 in.,along with one reduced copy x C ❑ 8Y2 in.xllin. r-1 Warranty Deed 2 I^1 ❑ Affidavit of Authorization,signed and notarized 2 U n Environmental Data Requirements,if required 3 0 ❑ . Aerial photographs 5 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials 1 Q ❑ to be submitted electronically in PDF format. Letter of no objection from the United States Postal Service. Contact 1 C ❑ Robert M.Skebe at(239)435-2122. Written Market Study Analysis _ /z ❑ *If located in the Bayshore/Gateway triangle Redevelopment Area, include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/3/2014 Page 3 of 4 Co ter County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS–INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bayshore/Gateway Triangle Redevelopment: O Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet El Addressing:Annis Moxam ■ Graphics:Mariam Ocheltree EI City of Naples:Robin Singer,Planning Director g Historical Review "—I Meeting Planning:See Pre-Application j_ Immokalee Water/Sewer District: Meeting Sign-In Sheet ❑ Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation:Vicky Ahmad EI County Attorney's Office:Heidi Ashton-Cicko ❑/ Transportation Pathways:Stacey Revay Emergency Management:Dan Summers; School District(Residential Components):Amy ❑ and/or ❑ Heartlock EMS:Artie Bay E] Engineering:Alison Bradford © Transportation Planning:John Podczerwlnsky ❑ Other: 0 Utilities Engineering:Kris VanLengen EEE REQUIREIVIEN1S All checks payable to:Board of County Commissioners • LI Pre-Application Meeting:$500.00(to be credited towards the application fee if the application is filed within 9 months of pre-application meeting) El Automobile Service Station Separation Requirement Waiver:$1,000.00 0 Estimated Legal Advertising fee for the Office of the Hearing Examiner or the BZA:$500.00 �1 ,amu 17- Agent -Agent Owner Signature Date Brian Thornton,V.P.of Real Estate and Engineering Applicant/Owner Name(please print) • 6/3/2014 Page 4 of 4 1 DELISI FITZGERALD, INC. • Planning-Engineering-Pro/ect Management RaceTrac at Palm Street Addresses and Folio Numbers: 1. 26880200101 1841 Frederick Street Naples FL 34102 2. 26880240006 1885 Frederick Street Naples FL 34102 3. 26880320007 No Site Address 4. 26880280008 No Site Address 5. 26880400008 No Site Address 6. 26880440000 No Site Address 7. 26880480002 No Site Address 8. 26880560003 2096 Tamiami Trail East Naples FL 34102 • • 1605 Hendry Street• Fort Myers,FL 33901 =239-418-0691 -239-418-0692 fax • DELIS' FITZGERALD, INC. Planning-Engineering-Project Management RaceTrac at Palm Street Owner Information Sheet: 1. Nicholas D. Chlumsky, Manager, Chlumsky Holdings LLC 5541 Harborage Drive, Fort Myers FL 33908 2. Dale E. Chlumsky, President, Nazdar, Inc 1199 Third Street South, Naples FL 34102 • I � I • 1605 Hendry Street Fort Myers,FL 33901 °239-418-0691 -239-418-0692 fax � .3��\ tqF Y ISi 3 / / • 1 Ns 1111 il EE / / // �, ` 1 i 11 F ar ,r 3 - ce I 14,, ., . I '. ,:,. - t.' - ' - • .8 it - ' ' , I 61 (II I i S .8 aMI I VV �+ i ,0 0 of « 4 t , . pi I � . /, ip fi I I , ; i llii / / * \ •• , 6- q 41` I I %. /';l x\\ o o \�\� « i 1 Vi ISI I \1\, i."4 1' , � p : I 1,1 ; P5 / : , ]' I mZ .\\,I \ \ �IVi, II dV 11 I. )12 7112 11 ^g —2 p III \ i Y� \\/---Tii u ® I I \• \ / 'S ■\1 11 i `✓ ,, `.,\ .\tett �• _ I Ili a , \ 1 F£ \P r i!i 1 i! I E ...-- 1 \ , 0,,, 1111 1 1 ' ' :il; PI �Y. \s� `\\ I +./,•'� r - \ \,\ \ \,, / I j " icaro•oa Rgi \ \\ z., ' _1 _' , I ( 46 �¢�x r �\'\ ��* ' III ! 3,04 it i l a r 0.7772; kt\\� I r.,. - F y 3* I 1': 1 ; lir:1r ''' .i..; g (")' •'onn'Dr.:EL PER, ENfrWFFR Of NECORO. . L 11•41°11 i I R • OM Y ra:rx. RACETRAC PETROLEUM.INC „c o,.ua w. x DFL`�s� F�TZGERALp, INC. f `I m :Ero+ na a s 1 G PR• Z / I6■S He,dry Strtbl i i 4MYR�.R L390A s J MARKETPLACE AT PALM zxi.3■.ren•zo�aa+wuL. :>?.5€£8 (EPN#1139 STORE#XXXX) - �-- ""' '"'"""" ,i''',,,, -',/.07 , -3,1,,,,irf'01,°4••;4°017, ,'. / . ,S.' .'• .;•--,,,,,;, - , ,/,/./ 1 1 ! ; Gj ... ' ' . .•••'' ;4-3,;!:!;iV.rt.• ..,,,, 11 et -'4':--I 7,t * 4#II z '.,I2:':: til. ;1 •//'-//''''''..-7 1 I i • ) • il.:t4:0ele ,44 g e„..., ,..,• 9 9 ..• / / . ,,- !li, : , j 1 tU !I°. / • i t lik T .'••' '''.. .•'''A 2 / / ,s-''';,,„, I II I I 1 1 tel 11. ''''..&-" ,/.. , / / 4'4'i• II ; I ; , 17-1 1. . , '„ - ...,' . ;,igl .7'./ 00 ,- .7,,,,,s,r,, „ 0 .„ ,,,,, 1,17,.,--• 7 4t!„. - 4711171 ---,ill ' ....- ' • -./ - , ,,,,; t, ) i I :' 4 l• '1'."'1'. . t-'" .1§F.f . . . . 117010.1 1 L". - • „4, -'• .' - .. — • .., ,, ,;,•(,:r.,-5, .i, . 4", 1 .401000.1.414,, .,- ..• ,' ,/, ... .; 9‘-;,:,,,,, 1 - -- -;'-' / ,•..,z4• '0‘.."/- -,•,' i pill --7,'"e•' •/,< ..-'// - / -',a -! -- --4/ ,. -' \ „ xr,•1,/,". -1-- -." . ',I i it 10.1 1 . 1 ..- \-.„ /Ill›../0-.., / ./t--'' \ ,. x, , „.., ,-'4-:' 4 11 lin i /.21,..." ,./.' .5 ..'5 ./ • ' 0 ) 5.••.t.- • -- 0, /Z ii ak ,....c.",, .-,,-, - 1 • \ 'r ...„.5/40\ , At, v- 4, 1 • i \ \ I , ,- -6- 1,\.. ,..," zz_. \. \ in '— ____,, \\ Miini -.II ik., • , • /- - \ \ ... ,,,;:\ _ . / \ \ i ril j 0 _..' ,----.... •, , 1. 1 Pi ........-- / \ \ ••,-//. iiii \,'? illh \ Ii) \ • \ a . .,-- 4 a I 3 „ • . i 5. • I li : I , 1 • \ \\./I'./r/ .4 1 I ; 1.2 ' ! ...- \ V: 1 . ; .;' l' ; I i • i V ; 11 e 11 1 '1 1 I 10 s") 1 1 141 \\ k irAgairatp- !: L.-+ 1 !! ! ! ! ! , L4: 4. 1 i I E 0 1.• ! ' !‘,j j !E i II-EP ,,,,,,, r,„ ,,,......\\Ns ® ,Th t • • IV .,,' \• 1 /) /- e I---- , .... !i....., i JI I , i 09019/ .,/^7\''',••• "--"'-- . ./ .' <', /1.4:1“ •',... , ---- ., .. - g 1 1 ....\ I ill RP i\ JE9//' il g 1 ; , il; 7,, _,,,,,s 4„...,..,---_- •-•-:k -•:, 1 I ; \ — ..• ,7 4.0•1''' .1‘ A ) i ff-isr pli f, i 5 fill Nii 4610..e .7 .• „/`1 rIl; 1 • I ...--- --.ow- ‹....,f \ . I 1 i , . s • commanzmagamm DMM'ER. / t?N Mt Vga0A1.:.) llama MMMEIMIN ,,IIRAOWN,R'Drzt. .s.ptalt.0.11Upt,IMC Dd.'s! FITZGERALD,INC. aimmUNINNEMINIMMINII I 1 ilmiRomimosimmo 1 1 meNsinimmumm, =MN Fort nye.,fiftsoi ,,, ,. I I INIMINS I 235-.184047•2-39.418 0."..., -r- MINIIIIIIIIMINMENIMINIi. ammormommommMARKETPLACE AT PALM il minammomminimi (EPN#1139-STORE#XXXX) --..--......-- AGENDA ITEM 3B EXECUTIVE SUMMARY Recommendation to approve Petition VAC-PL20150002788 to disclaim, renounce and vacate the County and the public interest in one 30-foot wide public right-of-way,and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East,Collier County,Florida. (Companion to Agenda Item 8A) OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in one 30-foot wide public right-of-way, and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South,Range 25 East,Collier County,Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20150002788 has been received by the Development Review Department, Growth Management Division, from Andrew D. Fitzgerald, P.E., of DeLisi Fitzgerald, Inc., as agent for the property owner to vacate one 30-foot wide public right-of-way, and a portion of one 30- foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East, Collier County,Florida. RaceTrac Petroleum, Inc., is proposing to construct a convenience store with self-service fueling pumps at the southeast corner of U.S. 41 and Frederick Street in Collier County, Florida. The subject property currently consists of eight(8) individual parcels, six(6)of which are unimproved. Two (2)other parcels previously contained the Little Italy Restaurant and a Checker's Fast Food Restaurant. RaceTrac has a contract to purchase the properties, and the current property owners have also consented to this vacation request. The properties are separated by two unimproved 30-foot wide public rights-of-way depicted as First Street and Avenue "B"on the COL-LEE-CO TERRACE Plat, Plat Book 1, Page 32. The subject rights-of-way were dedicated on the plat for the use and benefit of the public, which upon acceptance by the County created a road right-of-way easement held by the County in trust for the public. RaceTrac is requesting to vacate the entire 30-foot wide Avenue "B" right-of-way and a portion of the 30-foot wide First Street right-of-way to allow for an aggregated and cohesive development, which will be presented separately as part of a subsequent Site Development Plan application.The proposed vacated area is described on Exhibit A attached to the Resolution. The two rights-of-way that exist are each thirty (30) feet wide, which is half of the standard minimum width required by Collier County for a local public roadway. The rights-of-way have never been improved, and the County has never conducted any maintenance on the proposed vacated area. There is no public detriment associated with this vacation request for the reasons above, and because the public will still have access from Frederick Street to the west, Palm Street to the east and Mills Lane to the south.Transportation staff have reviewed and approved the petition. Letters of No Objection from various utility companies have been made a part of the submittal in support of the request. However, Florida Power and Light has utility facilities within the subject rights-of-way, and therefore has informed the applicant that they cannot agree to release their interest in the rights-of-way until those facilities are removed. As such, FPL will retain its right to use the vacated area for utility purposes until such time that FPL provides written notice to the Petitioner that all of FPL's facilities have been removed, as described in the attached Resolution. At its April 26, 2016 regular public hearing, the Board OF County Commissioners approved the scheduling of a public hearing for this petition on this date, in accordance with Resolution 2013-166. The Development Review Division has reviewed this petition and found no reason for objection. [16-E1S-03205/1248888/1] This is a companion item to Agenda Item 8A, Petition # ASW-PL20150002369 for an Automobile Service Station Waiver. There are two alternative site plans for that petition. If the Board does not approve the site plan that requires the vacation of the subject rights-of-way, then this Petition to Vacate should not be approved because it will no longer be necessary. FISCAL IMPACT: The Growth Management Department, Development Review Division staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval.-SAS RECOMMENDATION: 1) Approve the attached Resolution, relating to Petition VAC- PL20150002788, which will vacate one 30-foot wide public right-of-way, and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A,2)Directs the Clerk to the Board to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of COL-LEE-CO TERRACE, as recorded in Plat Book 1, page 32 of the public records of Collier County,Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department. Attachments: 1. Resolution with Exhibit A and Location-Site Map 2. Letters of No Objection 3. March 10 and March 31 Letters from FPL to Petitioner 4. Plat of COL-LEE-CO TERRACE [16-EIS-03205/1248888/1] RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN ONE 30-FOOT WIDE PUBLIC RIGHT-OF-WAY AND A PORTION OF ONE 30-FOOT WIDE PUBLIC RIGHT-OF-WAY, BEING A PART OF COL-LEE-CO TERRACE, PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED ON THE SOUTHWEST CORNER OF THE TAMIAMI TRAIL EAST (U.S. 41) AND PALM STREET INTERSECTION, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. (PETITION VAC-PL20150002788) WHEREAS, pursuant to Resolution 2013-166, Petitioner, Andrew D. Fitzgerald, Inc., of DeLisi Fitzgerald, Inc., on behalf of Racetrac Petroleum. Inc., has requested the vacation of the County and the Public interest in one 30-foot wide public right-of-way, and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East, Collier County, Florida, being more specifically described in Exhibit A, attached hereto: and WHEREAS, at its , 2016 regular meeting, the Board of Commissioners, via Resolution No. 2016- , approved the scheduling of a public hearing on , 2016, pursuant to Resolution 2013-166; and WHEREAS, the Board of County Commissioners, on this day, held a public 1 hearing to consider the petitioner's request and notice of said public hearing was given as required by law; and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and public interest in one 30-foot wide public right-of-way, and a portion of one 30-foot wide public right-of-way, being a part of COL-LEE-CO TERRACE, Plat Book 1, page 32 of the Public Records of Collier County, Florida, located in Section 11, Township 50 South, Range 25 East, being more specifically shown in Exhibit A, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public interest and for the Public benefit. BE IT FURTHER RESOLVED, that the County does not renounce or disclaim the right of Florida Power & Light Co. to use the property described in Exhibit A for utility Iof2 purposes until such time that Florida Power & Light Co. removes all of its facilities from said area and provides written confirmation to the Petitioner. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records of Collier County, Florida and to make proper notation of this Resolution on the plat of COL-LEE- CO TERRACE, as recorded in Plat Book 1, page 32 of the public records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this the day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legality: By: a//C, Scott A. Stone Assistant County Attorney Attachments: 1. Exhibit A 2. Location-Site Map 2 of 2 • v. ,044T".• ••'rr Y 5 METRON .: * SURVEYING & MAPPING, LLC 1 LAND SURVEYORS • PLANNERS EXHIBIT "A" 1 LEGAL DESCRIPTION OF A PARCEL LYING IN SECTION 11,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA RIGHT OF WAY VACATION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF COL-LEE-TERRACE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 37 OF SAID COL-LEE-TERRACE; THENCE N.00°39'49"W., FOR A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT OF WAY OF FIRST STREET, A 30 FOOT RIGHT OF WAY, THENCE N.89°23'16"E.,ALONG SAID NORTH RIGHT OF WAY, FOR A DISTANCE OF 210.00 FEET TO THE WEST RIGHT OF WAY OF AVENUE "B", A 30 FOOT RIGHT OF WAY; THENCE N.00°39'49"W., ALONG SAID WEST RIGHT OF WAY, FOR A DISTANCE OF 199.33 FEET TO THE SOUTH RIGHT OF WAY OF TAMIAMI TRAIL,A 120 FOOT RIGHT OF WAY;THENCE S.52°01'49"E., ALONG SAID SOUTH RIGHT OF WAY, FOR A DISTANCE OF 38.40 FEET TO EAST RIGHT OF WAY OF SAID AVENUE "B"; THENCE S.00°39'49"E., ALONG SAID EAST RIGHT OF WAY, FOR A DISTANCE OF 325.38 FEET TO THE SOUTH LINE OF SAID COL-LEE-TERRACE; THENCE S.89°23'16"W.,ALONG SAID SOUTH LINE, FOR A DISTANCE OF 30.00 FEET TO THE WEST RIGHT OF WAY OF SAID AVENUE "B"; THENCE N.00°39'49"W., ALONG SAID WEST RIGHT OF WAY, FOR A DISTANCE OF 120.00 FEET TO THE SOUTH RIGHT OF WAY OF SAID FIRST STREET; THENCE S.89°23'16"W.,ALONG SAID SOUTH RIGHT OF WAY,FOR A DISTANCE OF 210.00 FEET TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON THE RIGHT OF WAY OF FREDERICK STREET AS BEING N.00°39'49"W. PARCEL SUBJECT TO EASEMENTS, COVENANTS,RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. PARCEL CONTAINS 16,421 SQUARE FEET OR 0.377 ACRE,MORE OR LESS. METRON SURVEYING&MAPPING, LLC FLORIDA CERTIFICATE OF AUTHORIZATION LB#7071 1.W DE J. O'••NNELLJr. P .FE ' .NAL SURVEYOR AND MAPPER FL•' •A CERTIFICATE NO. 5430 SHEET 1 OF 2 12940 RW VAC REV.doc 10970 S. CLEVELAND AVE.,SUITE#605• FORT MYERS, FLORIDA 33907•PHONE(239)275-8575•FAX(239)275-8457 www.metronfl.com SKETCH TO ACCOMPANY DESCi'' IPTION N. S EE SHEET 1 OF 2 FOR LEGAL DESCRIPTION* \ N. EXHI i. 1T "A" -...... I .. 4):414%,, +9 \ LINE BEARING DISTANCE Lor 4 (_N `�\ ,� N. 'lrl9� L1 N 00'39'49" W 30.00' • o•�� `\ ill, ``\ L2 S 52'01'49" E 38.40' I `\ Qyr -(11.4 g1. `�N L3 S 89'23'16" W 30.00' a ' •n °F `' rqi L4 N 00'39'49" W 120.00' S o ` N. '\ />'S LEGEND: LOT 5 z ' 0 `�\ �\ 70.0 \ P.O.B. = POINT OF BEGINNING a ( of 0 R/W = RIGHT-OF-WAY i ,- ``.. ``\ P.B. = PLAT BOOK LOT 6 I I `\ PG. = PAGE �\ 50.0 #'I - a �`� `\ '\ A LOT 7 1 40.0' 40.0' 40.0' 40.0' of F R `\ ://)s .. �= `\ 120.0 ``� A , a 0 In o LOT 21 n Z2 A LOT 8 ; a COL-LEE-CO TERRACE ' I Oft P.B.1,PG 32 0 N M `� o LOT 22 ro �' `\ LOT 9 I 160.00' \ . cn 40.0' 40.0' 40.0' 40.0' 40.0' 40.0' 40.0' 40.0' `\ y ``\ LOT 10 i W - 30.0 - `� (z1 , , A M N p 0 0 f. • \ LOT 11 I I M r t- r r r cv o cv M l w 0 0 0 0 0 r n Q� h- N O OM < c -I J _) _J "': -4. ' � LOT 12 ' N 89°23'16"E 8 w a 710.00' Z m 0 0 0 \ _ J J 0. Lor 13 1 FIRST STREET (PLAT) 30.0 j -60.0- 1 z 40.0' 40.0' 58.0' I S 89°23'16"W > W LOT 14 I P O.B. 210.00' a C' LOT 44 oIx � - to ox i Ko 0 0 + 138.0' I LOT 15 ' ..i ,_ n ,_ o Z5 30.0 i-- r '- o O 0 '• 0 ..I J J Cn LOT 45 0: ' LOT 16 iI 60_0' SO.I)' 50.0' 50_0' S0_0' so.o__ 1.3 _-_____ __J INOMAH P.B. 2, PG 82 20' ALLEY _ LOT 8 LOT 7Nb a LOT 6 I PLOT 5 I LOTO4K 0I LOT 3 1 LOT 2�LOT 1 NOTES: *THIS IS NOT A SURVEY* 1. BEARINGS ARE BASED ON THE RIGHT OF WAY OF FIRST STREET AS BEING N.89.23'16"E. TITLE: SKETCH OF DESCRIPTION 2. DISTANCES ARE IN FEET AND DECIMALS THEREOF. 3. PARCEL IS SUBJECT TO EASEMENTS, ETRON 1097ENUE FORTOS. CLEVELAND MYESLATE RS LOROIDAA33907 RESERVATIONS RESTRICTIONS AND SURVEYING&MAPPING PHONE: (239) 275-8575 RIGHT-OF-WAYS (RECOORDEDDAND FAX: (239) 275-8457 UNRECORDED, WRITTEN AND UNWRITTEN). LAND SURVEYORS'PLANNERS LB#7071 www.metr°n8.com FILE HAME: FIELD ROOK/PACE: PROJECT 140.: SHEET: 12940 RW VAC REV.dwg N/A 12940 2 0f 2 SKEION DATE: DRAWN BY. SCALE: CHECKED BY: (5-T-It) Ci 04/01/2016 BUD 1"= 100' OJO 11-50-25 V 1 x 1 1 O3IX3W ,10 e7n. a �. + ww y m z 13(7f :ia�I ti _ —. )9') Q l ^ o w t t(S4 li #11.1.44 5 M 0 ::. . g, k (� 4....Bourn wre ; Z 4 F,i { JI CL�b a m P N A < ..1 H w l f g Y BAYSHORE DRIVE 'b A Cy, ij�.!` < 11.-111 YY 'ii ill __•/ " r �' AIRPORT-PULLING ROAD A, < .R.31 g°o�nKb it efi �' ip L n C J O7'ro,lwf9 " r + .�`t�n ^ si 4. 14 ;I ,d li i7; g c Ron Pg" a A ilin R aec<>7 4"; NOT TO SCALE 01 a 5)n4O �N d "ar O -8 O �o o ^o N sp rn CO r opw R a i ? AVENUE'A" FREDERICK STREET 1t'' � o I r CDjmp v j CO m 4 >2* o rn to T3 111.01111rf 6 D 71 N ® - O N ® CD N AVENUE'S' -4W 5 IIIIW m PALM STREET omcast 12600 Westlinks Drive Suite 4 Fort Myers, Fl. 33913 Phone: 239-432-1805 March 1,2016 DeLisi Fitzgerald Inc. C/O Andrew Fitzgerald 1605 Henry Street Fort Myers, Fl. 33901 Re: Marketplace at Palm (Right of Way Vacation)Naples Fl. Dear Andrew Fitzgerald, This letter will serve to inform you that Comcast has no objection to your proposed vacation of the address referenced above. Should you require additional information or assistance,please feel free to contact me here at 239-432-1805. Cordially, Mark Cook Project Coordinator P1 20150002788 REV 2 CenturyLink- 3530 Kraft Rd.Unit 100 Naples,FL 34I05 March 2,2016 Mr. Andrew Fitzgerald 1605 Hendry St Fort Myers,Fl 33901 RE: No Objection/Vacate Right-of-Ways Project No: 21293 Dear Mr, Fitzgerald: CenturyLink has no objection to the vacation of the existing ROW located within the 4.28 acre tract at the corner of U.S. 41 and Palm St., as indicated on the copy of your survey attached to your request letter dated February 23,2016. III can be of any further assistance,please contact me at 239-263-6210. Sincerely, 9444 gamed Gladys Humes Network Engineer II -E&C GXH:js cc: Easement File Chron File PL 20150002788 REV 2 t .eulliet ottttly Slwritis E_flltc't° f .4.11,T04. SHERIFF KEVIN J. RAMO% tea, March 22, 2016 Andrew Fitzgerald, P.E. Delisi Fitzgerald, Inc. 1605 Hendry Street Fort Myers, F1,33901 RE: Marketplace at Palm Dear Mr. Fitzgerald: Staff has reviewed your request for a letter of"No Objection" for the above described property. The Sheriff's Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation,either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriff's Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. Si Mi had J. ' . '"erg, F.quire General Counsel Collier County Sheriff's Office (239)252-0660 MJ I I;ibg I ;� GREATER NAPLES FIRE RESCUE DISTRICT t I \`} k FIRE AND LIFE SAFETY OO �► ' <.,.-11i- >z 2700 North Horseshoe Drive • Naples, FI,34104 Phone: (239)774-2800 Fax: (239)774-3116 t:4:-.4. 710 Itt$01 a 1 Kiugulai SAO, Far Ch/f March 21, 2016 DeLisi Fitzgerald, Inc 1605 Hendry St Ft. Myers, FL 33901 Re: Marketplace at Palm Dear Mr. Fitzgerald, The Greater Naples Fire Rescue District has no objection to the right-of-way vacation at the Marketplace at Palm located in the southwest corner of U.S. 41 and Palm Street. Please note all future development will be required to comply with applicable codes. Should you have any further questions, please contact me at(239)774-2800. Sincerer ., 40 fai g, A-%?Aus........ Shawn M. Hanson Division Chief/Fire Marshal cc: Kingman D. Schuldt, Fire Chief SMH/sap li Florida Power&Light Company FPL March 10, 2016 Drew Fitzgerald, P.E. DeLisi Fitzgerald, Inc. 1605 Hendry Street Fort Myers, FL 33901 Re: Marketplace at Palm (Racetrac at Palm) Right-of-way Vacation Dear Drew Fitzgerald, The following information is provided in response to your inquiry concerning existing electric facilities on the above referenced property. FPL will remove our existing facilities and vacate the existing easement at this location at the customer's expense. Prior to this being done provisions must be made, new easements secured and facilities constructed to serve any existing FPL customers that may be affected by your request. At the time you wish to proceed, an engineering deposit will be required in the amount of $5,105.71; this amount will be applied to the cost of this job when it moves forward. Should you choose not to complete the work the deposit would be forfeited to cover costs incurred by FPL in preparing the job. Please contact me at 239-353-6070 should you have any questions or concerns. Yours truly, Philip Davis Associate Engineer Pt. 20150002780 REV a A NEXTera ENERGY Company • Florida Power&Light Company, o4n1e0:523185"35A3v60 , FNaaxp2le3a8,-3F5L3 3-84018126 FPL March 31, 2016 Drew Fitzgerald, P.E. DeLisi Fitzgerald, Inc. 1605 Hendry Street Fort Myers, FL 33901 Dear Drew Fitzgerald: Payment has been received and job has been released for the OH and UG facilites with projected completion date of early May. Racetrac has complied with FPL for the easement vacation and has no objection to release easement once facilities have been removed. It is our understanding the resolution for vacating the right-of-way will contain a provision providing for a temporary easement for the facilities until they are removed. If I can be of any further assistance, please contact me at 239-353-6070 Respectfully, Philip Davis Associate Engineer Florida Power& Light Co A NEXTera ENERGY Company 3 • •=a ;:at. .j\t p r=. ^ c t+Y e.T .3 a F e t • > •'�,sr`.`i?�` i e Q At i { & t A t o o '0 e i v i o ? M i a' 3. ;:e ti^ ^-e r 4 y •- i:i.i......;31. 0, • k si' It,- t-i.rf it':' 1 / ? ' ._:•,.,i.a.17 "VE/ff/E if" ; \ r 4, MEW a‘ 0 ca„ mn Millir \ ?I 11) allMlr I. 1 ' y b 1 x A n IIIOIIIIIIIIIIIW 2. A as 0 y r1 r • .� i- y tis:• `�:4' rn iit 1 4 Z1 5ii„,,,,,, .,.i I 1 1 i I 1 N 1 1