Agenda 03/26/2019 Item #16A 703/26/2019
EXECUTIVE SUMMARY
Recommendation to accept an Access Improvement Agreement with Racetrac Petroleum, Inc. to
fulfill a condition of approval pursuant to Hearing Examiner Decision No. 2018-14, concerning a
new access point on Shadowlawn Drive closest to U.S. 41, for the Racetrac at Shadowlawn project.
OBJECTIVE: To obtain acceptance by the Board of County Commissioners (Board) of an agreement
with Racetrac Petroleum, Inc. in which Racetrac provides a performance guarantee to provide for closure
of the right -in movements at the new access point on Shadowlawn Drive closest to U.S. 41 if, within 18
months after issuance of the Certificate of Occupancy at the new Racetrac site, such improvements are
determined by the County to be necessary.
CONSIDERATIONS: As part of the review and approval of the Site Plan with Deviations for the
Racetrac at Shadowlawn, Petition DR-PL20170002552, the Hearing Examiner determined that the
County may need to require closure of the right -in movements of the new full access point on
Shadowlawn Drive just north of U.S. 41, if an operational review by the County determines it to be
necessary within 18 months of issuance of the Certificate of Occupancy. Condition of Approval #2 for
Hearing Examiner Decision No. 2018-04 provides:
During review of the SDP or subsequent Right -of -Way (ROW) permit approval, the County may
require a performance guarantee, such as a bond or letter of credit, be posted by the applicant in
order to provide for closure of the right -in movements at the access point on Shadowlawn Drive
closest to U.S. 41. An operational review may be performed by the County within the first 18
months after issuance of the Certificate of Occupancy. If upon review of the results of the
operational review, the County determines it is necessary to close the right -in movements, the
County may call on the performance guarantee in order to pay for the cost of installing the
appropriate driveway barriers to preclude the right -in turning movements.
The Developer is currently seeking approval of an SDP (SDP-PL20180000543) and therefore is required
to post a performance guarantee as described above. The bond is attached as Exhibit C to the Agreement.
The attached agreement provides the terms and conditions for posting and calling on the performance
guarantee established in the Condition of Approval and for completion of the requisite right-of-way
improvements, if necessary.
FISCAL IMPACT: The cost of operational review would be performed by Traffic Operations within
the budget for traffic review and analysis. The performance guarantee is provided so that no public funds
will be required to implement any improvements determined to be necessary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.- SAS
GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact.
RECOMMENDATION: That the Board accept and authorize the Chair to execute the attached Access
Improvement Agreement with Racetrac Petroleum, Inc.
Prepared By: Lucia S. Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
16.A.7
Packet Pg. 530
2. Access Improvement Agreement (PDF)
3. HEX Final Decision 2018-04 (PDF)
16.A.7
03/26/2019
Packet Pg. 531
16.A.7
03/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doe ID: 8079
Item Summary: Recommendation to accept an Access Improvement Agreement with RaceTrac
Petroleum, Inc. to fulfill a condition of approval pursuant to Hearing Examiner Decision No. 2018-14,
concerning a new access point on Shadowlawn Drive closest to U.S. 41 for the RaceTrac at Shadowlawn
redevelopment project.
Meeting Date: 03/26/2019
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
02/19/2019 2:41 PM
Submitted by:
Title: Project Manager, Principal — Growth Management Department
Name: Matthew McLean
02/19/2019 2:41 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Stephanie Amann
Transportation Engineering Jay Ahmad
Additional Reviewer
Growth Management Department Judy Puig
Level 1 Reviewer
Growth Management Development Review
John Houldsworth
Capital Project Planning, Impact Fees, and Program Management Amy Patterson
Capital Project Planning, Impact Fees, and Program Management Trinity Scott
Growth Management Development Review
Chris Scott
Growth Management Development Review
Brett Rosenblum
Engineering & Natural Resources Jack McKenna
Additional Reviewer
Growth Management Department Matthew McLean
Additional Reviewer
County Attorney's Office Scott Stone
Level 2 Attorney Review
Growth Management Department James C French
Deputy Department Head Review
Growth Management Department Thaddeus Cohen
Department Head Review
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget Valerie Fleming
Level 3 OMB Gatekeeper Review
Budget and Management Office Mark Isackson
Additional Reviewer
Additional Reviewer Completed
Completed 02/20/2019 9:56 AM
Completed 02/20/2019 3:59 PM
Additional Reviewer Completed
Additional Reviewer Completed
Additional Reviewer Completed
Additional Reviewer Completed
Additional Reviewer Completed
Completed 02/26/2019 1:59 PM
Completed 02/27/2019 1:49 PM
Completed 02/27/2019 4:27 PM
Completed 02/27/2019 5:38 PM
Completed 02/28/2019 9:34 AM
Completed 02/28/2019 10:05 AM
Completed 03/08/2019 3:03 PM
Completed 03/11/2019 9:51 AM
Packet Pg. 532
County Manager's Office
Board of County Commissioners
Nick Casalanguida Level 4 County Manager Review
Mary,lo Brock Meeting Pending
16.A.7
03/26/2019
Completed 03/17/2019 6:34 PM
03/26/2019 9:00 AM
Packet Pg. 533
16.A.7.a
SHADOWLAWN AT RACETRAC
LOCATION MAP
a
Packet Pg. 534
16.A.7.b
ACCESS IMPROVEMENT AGREEMENT
This Access Improvement Agreement ("Agreement') is executed as of the day of
, 2019, by and between RACETRAC PETROLEUM, INC., a Georgia
corporation ("Developer") and COLLIER COUNTY, FLORIDA, a political subdivision of the
State of Florida (the "Coun ").
RECITALS
WHEREAS, on February 22, 2018, the Collier County Hearing Examiner approved
Hearing Examiner Decision No. 2018-04, which approved a site plan with deviations for a
proposed facility with fuel pumps. The proposed site plan depicted a right-in/right-out access point
on Shadowlawn Drive closest to US 41 (the "Access Point");
WHEREAS, Condition of Approval #2 for Hearing Examiner Decision No. 2018-04,
provides:
During review of the SDP or subsequent Right -of -Way (ROW) permit approval,
the County may require a performance guarantee, such as a bond or letter of credit,
be posted by the applicant in order to provide for closure of the right -in movements
at the access point on Shadowlawn Drive closest to U.S. 41. An operational review
may be performed by the County within the first 18 months after issuance of the
Certificate of Occupancy. If upon review of the results of the operational review,
the County determines it is necessary to close the right -in movements, the County
may call on the performance guarantee in order to pay for the cost of installing the
appropriate driveway barriers to preclude the right -in turning movements.
WHEREAS, Developer is currently seeking approval of a Site Development Plan,
Application No. PL20180000543, and therefore is required to post a performance guarantee as
described above;
WHEREAS, the improvements needed to close the Access Point's right -in movements (the
"Closure Improvements") are depicted on Exhibit "A", and the estimated cost of the Closure
Improvements is shown on the Construction Cost Estimate, attached hereto as Exhibit "B."
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the County do hereby covenant and agree as follows:
1. Developer hereby tenders its performance guarantee (the "Guarantee") attached
hereto as Exhibit "C", in the amount of $60,791.79, which amount represents 110% of the total
estimated cost to complete the Closure Improvements.
2. In the event of default by the Developer, or the failure of the Developer to complete
the Closure Improvements within the time required by this Agreement, the County may call upon
Packet Pg. 535
16.A.7. b
the Guarantee to ensure satisfactory completion of the Closure Improvements.
3. After completion of the operational review required by the Condition of Approval
#2 for Hearing Examiner Decision No. 2018-04, the County shall either (a) notify Developer in
writing that the right -in movements for the Access Point must be closed if such closure is
warranted by the required operational review, or (b) release the Guarantee to Developer because
the right -in movements for the Access Point do not require closure.
4. Developer shall, within thirty (30) days of delivery of the notice specified above,
provide written notice to the County if it intends to construct the Closure Improvements, in which
case Developer shall have six (6) months to obtain a Right -of -Way Permit and complete the
Closure Improvements to the reasonable satisfaction of the County.
5. If the County does not provide written notice to the Developer within twenty (20)
months after issuance of the Certificate of Occupancy, the Developer may request, in writing, the
release of the Guarantee. Upon receipt of such written request, the County shall have sixty (60)
days to either (a) initiate the release of the Guarantee to Developer, or (b) notify Developer in
writing that the right -in movements for the Access Point must be closed, if such closure is
warranted by the required operational review.
6. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County may call upon the Guarantee to secure
satisfactory completion of the Closure Improvements (if such closure is warranted by the required
operational review). In such event, the County shall have the right to construct, or cause to be
constructed, pursuant to public advertisement and receipt and acceptance of bids, the Closure
Improvements required herein. The Developer, as principal under the Guarantee, shall be liable
to pay and to indemnify the County, upon completion of such construction, the reasonable final
total cost to the County thereof, including, but not limited to, engineering, legal, and contingent
costs, together with any damages, either direct or consequential, which the County may sustain
on account of the failure of the Developer to fulfill its obligations under this Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer, its successors and assigns.
IN WITNESS WHEREOF, the County and the Developer have caused this Agreement to be
executed by their duly authorized representatives the day and year first written above.
Packet Pg. 536
ATTEST:
LR.`f 'T.JLk.e1NZEL, Clerk
W itn
Print Name: JAWSSf A)
Witness
Print Name: )&man -(-he- rnoor
STATE OF GEORGIA §
COUNTY OF COBB §
COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
W.L. McDaniel, Jr., Chairman
DEVELOPER:
RACETRAC PETROLEUM, INC.,
a Georgia corporation
By:
Name: Brian Thornton
Title: Vice President of Real Estate & Engineering
This instrument was acknowledged before me on the `day of2019, by
as of Racetrac Petroleum, Inc. a Georgia corporation, on behalf
of said corporation.Ioff//i
M LON(„c,�ii,
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,��pN•• �:i�otaryPublic--State of Georgia
Approved as to Form and Legality:
6".-kk A. 6-Eona Assistant County Attorney
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16.A.7. b
Packet Pg. 537
EXHIBIT "A"
Closure Improvements
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EXHIBIT "B"
Estimated Cost
16.A.7. b
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Packet Pg. 540
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DeLisi Fitzgerald, Inc.
ENGINEER'S OPINION OF PROBABLE COST
for construction of traffic separator and closing of right -in at southern Shadowlawn Dr. entrance if deemed necessary per HEX No. 2018-04
RaceTrac Shadowlawn Drive
December, 2018
Item No. Description Quantity Units Unit Price Amount
A.
A.1
Maintenance of Traffic*
1
LS
S3,500.00
$3,500.00
A.2
Mill & Overlay*
627
SY
$8.00
$5,016.00
A.3
12" Type "B" Stabilization (LBR 40 Min.)*
74
SY
$3.50
$260.56
A.4
8" L merock Base - FDOT 285706 Optional Base Group 6
59
SY
$14.20
S837.80
A.5
1" SP 9.5 Surface Course*
43
SY
$5.00
$217.22
A.6
1.5" SP 12.5 Structural Course*
43
SY
$7.50
S325.83
A.7
FDOT 520-70 Concrete Traffic Separator SP - var width
62
SY
$98.39
$6,122.04
A.8
Signing and Marking*
1
LS
$2,500.00
$2,500.00
A.9
FDOT 570-1-2 Performance Turf, Sod
31
SY
$2.25
S69.75
SUBTOTAL $18,849.21
B. Closing Right -In Movements
B.1
Maintenance of Traffic*
1
LS
$1,500.00
$1,500.00
B.2
FDOT 110-4-10 Removal of exist cone
100
SY
$12.69
$1,269.00
6.3
Clean Fill to restore grade*
1
LS
S2,500.00
S2,500.00
B.4
Valley Gutter Crossing*
20
LF
$45.00
$900.00
B.5
FDOT 520-2-2 Concrete Curb, Type B
20
LF
S18.66
S373.20
B.6
FDOT 520-1-7 Concrete Curb, Type E
24
LF
$14.82
$355 68
B.7
FDOT 522-2 Concrete Sidewalk & Driveways 6"
14
SY
$44.79
$646.97
B.8
Handicap Ramp
1
EA
$650.00
$65000
B.9
FDOT 527-2 Detectable Warnings
14
SF
S25.97
$363.58
B.10
Signing and Marking*
1
LS
$1000.00
$1,000.00
B.11
FDOT 570-1-2 Performance Turf, Sod
65
SY
$2.25
$146.75
SUBTOTAL $9,705.18
TOTAL
$28,554.38
MOBILIZATION
$5,000.00
DESIGN, PERMFITING & CONTRACTING_
$15,000.00
1 S% CONTINGENCY
$6,710.88
GRAND TOTAL
$55,265.26
* A.1 FDOT 102-1 yields $3,246.16
A.2 FDOT 327-70-1 & 334-1-14 yield $4,514.40
A.3 FDOT 160-4 yields $243.46
A.5 FDOT 334-1-14 yields $208.12
A.6 FDOT 334-1-14 yields $312.18
AS FDOT 705-11-1, 700-1-11, 710-11290, 711-15201, 711-15231, 711-15101, 711-11224, 711-11170 yield $1,723.28
RI FDOT 102-1 yields $405.77
B.3 FDOT 120-6 yields $249.00
B.4 FDOT 520-3 yields $587.40
B.10 FDOT 700-1-11, FDOT 711-11123, and FDOT 711-11125 yield $776.66
John T. Wojdak, P.E.
FL License 58217
DeLisi Fitzgerald, Inc.
W CEPI -,. '
FIRM COA 26978
FJo 58217_
STATE OF
�:
Digitally signed by John T.
Wojdak, P.E.
DN: cn=John T. Wojdak, P.E.,
o=DeLisiFiztgerald, Inc., ou,
email=john@delisifitzgerald
.com, c=US
Location: State of Florida
Date: 2018.12.06 16:13:05
-05'00'
Packet Pg. 541
EXHIBIT "C"
Form of Guarantee
16.A.7. b
Q
Packet Pg. 542
16.A.7.b
Bond No. 107023385
PERFORMANCE BOND
FOR ACCESS IMPROVEMENTS
KNOW ALL PERSONS BY THESE PRESENTS: that
RACETRAC PETROLEUM, INC.
200 GALLERIA PARKWAY SE, SUITE 900, ATLANTA, GA 30339
(hereinafter referred to as "Owner") and
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183 (866) 336-2077
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Sixty Thousand Seven Hundred and Ninety -One
Dollars and Seventy -Nine Cents ($60,791.79) in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or
plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain Access Improvement Agreement between the Owner and Collier County, dated
, 2019, which requires specific Closure Improvements to be completed by the Owner,
as described in the Access Improvement Agreement. This obligation of the Surety shall commence on the
date this Bond is executed and shall continue until the date of completion of the work and approval by the
County of the specific Closure Improvements, or until the County releases the Bond in accordance with the
Access Improvement Agreement.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless
the County from and against all costs and damages which it may suffer by reason of Owner's failure to do
so, and shall reimburse and repay the County all outlay and expense which the County may incur in making
good any default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in
any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension
of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and the Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents
shall include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 12th day of February. 2019 .
WITNESSES:
Printed Name K-.�
im,4,4 0---n
Printed Name 5�,,,,�.� 4 ("Vgoo,-e.
[ 15 -LDS -01664/1153600/1]
RaceTrac Petroleum, Inc.
By:
f::�J
Brian Thornton
Vice President of Real Estate and Engineering
Packet Pg. 543
ACKNOWLEDGEMENT
16.A.7.b
STATE OF
COUNTY OF
TH .FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS`�DAY OF
r 20/ c7 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PER80NALLY KNOWN TO ME, OR`FBpI�C►�DJ��ED AS IDENTIFICATION.
Notary Public - State of ;�, ,`��\�PM
oN•.�!
Y (SEAL)
Printed Name
K, u��n4- �• �-J mss, 'DVeti� ; Qc.�
WITNESSES -
T1 othy Bowen V
Annie Stoykov
STATE OF Illinois
COUNTY OF Cook
Travelers Casualty and Surety Company of America
By:
RQ'k'�—
Robin L. Amstutz, Attorney -in -Fact
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 12th DAY OF
February, 20 19, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS
PERSONALLY KNOWN TO ME.
Notary Public - State of Illinois
Timothy Bowen
14 -EIS -02650/7
[15 -LDS -01664/1153600/11
OFFICIAL SEAL
Timothy Bowen
Notary Public
STATE OF ILLINOIS
My Commission Expires March 12, 2021
(SEAL)
Packet Pg. 544
16.A.7.b
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS ! St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constitute and appoint Robin L. Amstutz of Chicago, Illinois, their true and lawful
Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in
the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
2017.
,�IM651n1f7!% *�tv AA,
cowHARTFORD.
it ; COlkl. 0 s
State of Connecticut
By. ,
City of Hartford ss. Robert L. Raney, SeMor Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. TA
My Commission expires the 30th day of June, 2021 mWLt �t. C J��MKA�1
* 6. *�o �► Mane C. Tetreault, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her, and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies, which remains in full force and effect.
Dated this iz day of February . 2019
OD.
Jp�tY ANO ri►R9
*HARWOM
nARTFo�, Cr�4�utCOAL e conn. oflud +sc w
fS
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this power ofAttorney, please pii us at 1-800-421-3880.
Please refer to the above-named Attorney -in -Fad and the details of the bond to which the power is attach
Packet Pg. 545
HEX NO. 2018 — 04
HEARING EXAMINER DECISION
PETITION DR-PL20170002552 — Petitioner, RaceTrac Petroleum, Inc., requests approval
of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks thirteen
deviations relating to minimum setback, signage, landscaping, buffer and architectural
standards under the Land Development Code, for a proposed RaceTrac facility with fuel
pumps redevelopment project, located on the northwest corner of U.S. 41 and Shadowlawn
Drive, in Section 11, Township 50 South, Range 25, East, Collier County, Florida.
DATE OF HEARING: February 22, 2018
STAFF RECOMMENDATION: Approval.
F1Nn1NG C
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
10.02.03.F.7 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
Several members of the public were in attendance; no one spoke in opposition. One email was
received from a resident south of this facility expressing concerns over traffic and pedestrian
safety.
The petitioner is seeking 13 deviations from the requirements of the LDC. The proposed
RaceTrac property is an assemblage of four properties including the vacant service station on the
northwest corner of Shadowlawn Drive and US 41, the existing adjacent office building to the
north fronting Shadowlawn Drive, the existing service station to the northwest fronting US 41,
and a portion of the existing ABC Liquor property. The existing structures within the proposed
property were constructed between 1963 and 1988 based on the County records. This is prior to
current Land Development Code (LDC) regulations related to building setbacks, buffers, and the
establishment of specific LDC regulations for automobile service stations.
The proposed RaceTrac facility with fuel pumps is on a corner diagonally across a six -lane
arterial roadway from an existing fueling facility, separated by 315 feet. With fuel access on
both opposing corners, motorists on US 41 will have fuel options in both directions. At one time
there were three facilities with fuel pumps at this intersection. A third fueling facility, which was
previously demolished, existed directly across the arterial roadway from this proposed facility.
Access will be from the adjacent rights-of-way. The project proposes two accesses on
Shadowlawn Drive: a full access at a northern driveway and a southern right-in/right-out
driveway. A northbound left turn lane is proposed for the northern full access driveway. An
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additional access on US 41 is also proposed as a right-in/right-out driveway. This driveway
consolidates four existing driveways that access the property in its current condition and is
located as far from the Shadowlawn Drive intersection as possible. In addition to these driveway
improvements, an interconnect with the existing ABC property will be provided, allowing that
property access to Shadowlawn Drive, improving flow, and reducing conflicts on US 41.
Deviation Request 1: Collier County LDC Section 5.05.05.B.1. (Front Yard Setback)
Collier County LDC Section 5.05.05.B.1. which requires a minimum front yard setback for
facilities with fuel pumps of 50 feet to instead allow a reduced front yard setback of 27 feet for
the east front yard (Shadowlawn Drive frontage).
Justification 1:
The proposed RaceTrac at Shadowlawn sits in the northwest corner of US 41 and
Shadowlawn Drive, which intersect at a severe skew angle of nearly 45 degrees. The
proposed building and canopy are oriented parallel to US 41, which creates a situation
where the "front" setback on Shadowlawn Drive is dimensioned to the back corner of the
building. Approximately 30% of the side wall and 75% of the rear wall (or 60% of the
overall fagade that faces Shadowlawn) meet the required setback.
Both the rear and side fagades will meet the secondary fagade architectural criteria and
will be entirely behind the right-of-way buffer. There are no site improvements or
impervious areas between the building and the right-of-way; the area is used entirely for
open space and dry detention.
The requested setback for the redevelopment exceeds the typical 25' front setback in
effect at the time the property was originally developed.
Deviation Request 2: LDC Section 5.05.05.C.4.b. (Canopy Sign Area)
Collier County LDC Section 5.05.05.C.4.b. which limits facilities with fuel pumps to one (1)
illuminated corporate logo with a maximum area of twelve (12) square feet on a canopy face
which is adjacent to a dedicated street or highway, to instead allow one (1) - fifty (50) square
foot corporate logo on the canopy fagade facing the Tamiami Trail east right-of-way and two (2)
— thirty (30) square foot corporate logos, one (1) on the fagade facing Shadowlawn Dr. and one
(1) on the fagade facing the existing commercial parcel to the northwest.
Justification 2:
The corporate logo for RaceTrac is the company name. Limiting their logo to the allowed
twelve (12) square feet results in an 8.4 foot wide sign with 1.4 foot high letters. With
their letter size reduced, the sign would be difficult to read on the canopy and possibly
unrecognizable. The requested canopy signs are described in the Sign Detail sheet
attached as Exhibit "B".
In addition, RaceTrac wishes to have a recognizable appearance in Collier County. This
recognition is important for motorists traveling on US 41 who wish to enter the
RaceTrac. The signage needs to be recognizable from a distance so drivers can safely
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maneuver as needed to enter the project. US 41 in the vicinity of the project is a 6 -lane
divided arterial with a 45 MPH posted speed. At this speed, vehicles travel nearly 70 feet
per second. Allowing the drivers to recognize the destination in time to safely maneuver
to the needed turning movements is a critical element of the canopy signage.
Finally, as a redevelopment project, the site when originally constructed did not have the
current signage restrictions for facilities with fuel pumps and would have been limited to
a percentage of the fagade. The three sides proposed for signage are all visible from the
street and have a combined fagade area of 1,304 SF; the total canopy signage proposed is
110 SF, or 8.4% of the fagade area.
Deviation Request 3: LDC Section 5.05.05.C.4.b. (Number of Canopy Signs)
Collier County LDC Section 5.05.05.C.4.b. which limits facilities with fuel pumps to one (1)
illuminated corporate logo per canopy face which is adjacent to a dedicated street or highway to
allow one (1) additional illuminated corporate logo on the northwest canopy fagade facing the
existing commercial parcel.
Justification 3:
As noted in the previous justification, adequate maneuvering time is an important
function of signage. While the northwest side of the canopy does not face a street, it is
highly visible from the street and a legitimate location for signage intended to be visible
by the traveling public. Further, the subject project, along with other businesses fronting
US 41 in the corridor, as well as the median, have lush, mature landscaping which blocks
visibility from lower signage. Signage mounted on the canopy will be visible by
motorists traveling southbound on US 41 and allow safe entry into the northbound
Shadowlawn Drive turn lane, which is the only opportunity to enter the site for that
direction of travel on US 41.
In addition, as a redevelopment project, the site when originally constructed did not have
the current signage restrictions for facilities with fuel pumps and would have been limited
to a percentage of the fagade. The three sides proposed for signage are all visible from the
street and would have been allowed signage consistent with the base signage criteria in
the LDC.
Deviation Request 4: LDC Section 5.05.05.E. La. (Right -of -Way Buffer)
Collier County LDC Section 5.05.05.E. La. which requires landscaping adjacent to rights-of-way
external to the development project shall be located within a landscape buffer easement which is
a minimum of twenty-five (25) feet in width and requires that water management swales shall
not be located within these buffer areas, to instead allow the dry detention area to overlap the
buffer by 12.5 feet (50%) along the Shadowlawn Drive frontage.
Justification 4:
Given the severe intersection angle of US 41 and Shadowlawn Drive, triangular areas
between the building and Shadowlawn are created that are proposed to be utilized for dry
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detention ponds. To maximize the amount of water quality treatment and provide water
quantity attenuation, the use of half of the required buffer yard is requested. The
plantings required by LDC 5.05.05 can be accommodated within the front half of the
buffer immediately adjacent to the Shadowlawn right-of-way.
The property was developed as a gas station prior to 1998. Prior to 1998, the Code in
effect at the time the property was developed had no additional landscape buffer
requirements for the automobile service station. The proposed buffers exceed the buffers
in effect at the time the gas station was originally developed.
Deviation Request 5: Collier County LDC Section 5.05.05.B.1. (Side Yard Setback)
Collier County LDC Section 5.05.05.13.1. which requires a minimum side yard setback for
facilities with fuel pumps of 40 feet, to instead allow a reduced side yard setback of 28 feet for
the northwest side yard (ABC Liquor Property).
Justification 5:
The proposed RaceTrac at Shadowlawn is located within the northwest corner of US 41
and Shadowlawn Drive; these two roadways intersect at a severe skewed angle of nearly
45 degrees creating a triangular shaped property. In addition, the northwest property line
is not linear and ABC Liquor jogs toward the RaceTrac property, which creates a pinch
point to the corner of the canopy. The setback measured directly to the side of the canopy
meets the minimum setback criteria. Further, considering the 40 feet side setback for the
proposed RaceTrac and the 25 feet side setback for the C-4 Zoning District of the ABC
Property would create a minimum distance between structures of 65 feet; the proposed
canopy is 70 feet from the existing structure on the ABC property at the closest point.
The requested setback for the redevelopment exceeds the 25' side setback requirement
for the base (C-4) Zoning District.
Deviation Request 6: Collier County LDC Section 5.05.08.D.2.b. (Secondary Fagade Facing
Street)
Collier County LDC Section 5.05.08.D.2.b. which requires the design of primary fagades must
include, at a minimum, two of the design features listed in 5.05.08.D.2.b to instead allow the side
(southeast) and rear (northeast) fagades which face Shadowlawn Drive be considered secondary.
Justification 6:
Because of the angle of Shadowlawn Drive relative to US 41, nearly 45 degrees, the side
and rear fagades of the building face Shadowlawn Dr. The orientation of the building is
such that the main entrances are on the southwest (facing US 41) and northwest (facing
the ABC property) respectively. Please reference the Site Plan attached as Exhibit "A".
The northeast fagade, which faces Shadowlawn Dr. at an angle, is the back of the
building where the internal building layout has the storage and back -of -house operations
located. The southeast fagade also faces Shadowlawn Dr. at an angle.
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The northeast (rear) and southeast (side) building fagades are being proposed as
secondary fagades due to the functionality of the building and service orientated needs
located interior of these fagades. The side fagade has been treated with 24% glazing and
the rear service entry has been enhanced with a tower element and all doors have been
treated with canopies to enhance the fagade. Neither of these fagades squarely face
Shadowlawn Drive due to the shape of the parcel. Buffer trees along Shadowlawn Drive
have been increased from 14' to 16' to further screen the rear and side facades.
The property was developed as a gas station prior to 1998. Prior to 1998, the Code in
effect at the time the property was developed had no additional architectural requirements
for the automobile service station. The proposed design exceeds that required at the time
the site was originally developed.
Deviation Request 7: Collier County LDC Section 5.05.05.E. Lb. (Right -of -Way Buffer)
Collier County LDC Section 5.05.05.E.1.b. which requires landscaping adjacent to rights-of-way
external to the project to include an undulating berm with a maximum slope of 3:1 shall be
constructed along the entire length of the landscape buffer and shall be constructed and
maintained at a minimum average height of three (3) feet (however, in no instance less than 30
inches), to instead allow the elimination of the 3' undulating berm.
Justification 7:
US 41 near the project is an established, built out corridor. All plant material required by
the LDC will be provided.
The existing site has only a single hedge row on US 41 and a portion of Shadowlawn
Drive. Elimination of the berm on the Shadowlawn frontage allows the grading of the
proposed detention areas to provide water quality treatment areas for this redevelopment
site. There is currently no storm water treatment or attenuation onsite.
The property was developed as a gas station prior to 1998. Prior to 1998, the Code in
effect at the time the property was developed had no additional landscape buffer
requirements or berms for the automobile service station. The proposed buffers exceed
the buffers in effect at the time the gas station was originally developed.
Deviation Request 8: Collier County LDC Section 4.06.02.0 (Side Yard Buffer)
Collier County LDC Section 4.06.02.C. (Table 2.4) which requires a 15' wide Type `B'
landscape buffer along the ABC Liquor property to instead allow a portion of the buffer adjacent
to the ABC'Liquor property to be re -allocated to the remaining landscape buffers and/or internal
landscape areas of the proposed project.
Justification 8:
The proposed property boundary includes a portion of the existing ABC property
currently utilized as parking. The existing ABC parking will remain and there will be
access through the RaceTrac property via internal drive aisles. An inter -parcel connection
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will also be created providing vehicles utilizing the ABC parking and US 41 driveway
access to Shadowlawn Drive through the RaceTrac property. While these improvements
create for better traffic movement, the vehicular areas leave no area to provide the
required 15' Type `B' Buffer.
This request proposes to provide the required buffer area and plantings distributed
throughout the proposed RaceTrac development. These plantings will be utilized to
enhance the Shadowlawn Dr. right-of-way buffer and provide additional plantings on the
interior of the site.
The four impacted ABC Liquor buffer trees are proposed to be located within the
RaceTrac property.
The current code required 15' Type `B' Buffer is provided closer to US 41, west of the
interconnection with the ABC property, the prior code did not require the 15 -foot buffer.
The overall landscaping provided for this buffer exceeds the original requirements.
Deviation Request 9: Collier County LDC Section 4.06.05.D.2.a (Trees and Palms)
Collier County LDC Section 4.06.05.D.2.a which requires no more than 30% of canopy trees
may be substituted by palms within the interior of a vehicular use area and within each individual
Type `D' right-of-way landscape buffer to instead allow up to 100% of canopy trees to be
substituted with Royal palms within parking islands.
Justification 9:
The use of palm trees for the parking islands is preferred due to the required vehicle use
area locations and sizes. The palms will maintain the desired landscape aesthetic, allow
better sight visibility for vehicular movement in the parking, and provide shade and
climatic relief for the patio seating area.
The property was developed as a gas station prior to 1998. Prior to 1998, the Code in
effect at the time the property was developed did not contain the palm clustering
provision for automobile service stations. The proposed buffers exceed the buffers in
effect at the time the gas station was originally developed.
Deviation Request 10: Collier County LDC Section 4.06.03.B.1. - Landscaping Requirements for
Vehicular Use Areas
Collier County LDC Section 4.06.03.B.1 which requires one tree shall be provided for every 250
square feet of required interior landscaped area to instead allow one tree for every 500 square
feet of required interior landscaped area.
Justification 10:
The project is a redevelopment infill project with a restrictive property configuration. The
post development landscape plan proposed exceeds the pre -development existing
conditions. The layout of the vehicular use area, which is designed to provide
interconnections with adjacent properties, and the required on-site vehicular circulation
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patterns in a safe arrangement does not provide sufficient locations where canopy trees
will be sustainable from a horticultural function. The existing development was not
required to provide vehicular use area plantings.
Deviation Request 11: Collier County LDC Section 5.05.05.E.1.c (Right -of -Way Buffer
Landscaping —US 41)
Collier County LDC Section 5.05.05.E.1.c. which dictates the required trees and palms shall be
clustered in double rows with a minimum of three (3) trees per cluster. Canopy trees shall be
planted a maximum of twenty (20) feet on center within a cluster. The use of palms within the
right-of-way buffer shall be limited to landscaped areas adjacent to vehicular access points.
Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at
a maximum of eight (8) feet on center, with a minimum of a four (4) foot difference in height
between each tree to instead allow a single row of royal palm trees (24' overall height) with
single 36" hedge row and additional shrubs and ground cover plantings for the US 41 buffer.
Justification 11:
The palms will maintain the desired landscape aesthetic, allow better sight visibility for
vehicular movement, while providing shade and climatic relief. The proposed palms have
been increased in height and exceed the minimum heights required by code. The current
US 41 buffer consists of a single row hedge with no trees. The proposed 25' buffer is 10'
wider than the buffer required at the time of original development.
A total of 410 buffer shrubs and 200 groundcovers are being provided along the US 41
buffer. These enhance the right of way corridor and exceed the minimum required per the
standard buffer. The proposed buffer with enhanced trees 20' on center and a 36" hedge
exceeds the buffers in effect at the time the gas station was originally developed.
Deviation Request 12: Collier County LDC Section 5.05.05.E.1.d (Right -of -Way Buffer
Landscaping — US 41)
Collier County LDC Section 5.05.05.E.1.d. which requires all of the trees shall be a minimum of
fourteen (14) feet in height at the time of installation. Trees shall have a minimum of a three and
one-half (3'/2) inch caliper at twelve (12) inches above the ground and a six (6) foot spread. At
installation, shrubs shall be a minimum of ten (10) gallons, five (5) feet in height, with a three (3)
foot spread, planted four (4) feet on center to instead allow a single row of royal palm trees (24'
overall height) with single 36" hedge row and additional shrubs and ground cover plantings for
the US 41 buffer.
Justification 12:
The palms will maintain the desired landscape aesthetic, allow better sight visibility for
vehicular movement, while providing shade and climatic relief.
The current US 41 buffer consists only of a single row hedge with no trees. The proposed
25' buffer is 10' wider than the buffer required at the time of original development and
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the design will greatly enhance the aesthetics of the site. The proposed palms have been
increased in height and exceed the minimum heights required by the code.
The property was developed as a gas station prior to 1998. Prior to 1998, the Code in
effect at the time the property was developed had no additional landscape buffer
requirements for the automobile service station. The proposed buffers exceed the buffers
in effect at the time the gas station was originally developed.
Deviation Request 13: Collier County LDC Section 5.05.05.D.2. (Right -of -Way Buffer
Landscaping — Shadowlawn Drive)
Collier County LDC Section 5.05.05.D.2. which requires facilities with fuel pumps sites shall be
separated from residential property by a thirty (30) foot wide landscape buffer and an
architecturally designed masonry wall with landscaping required on both sides of the masonry
wall to instead allow elimination of the masonry wall and provide an enhanced 25' wide buffer
with 16' canopy trees.
Justification 13:
An enhanced buffer is proposed, with plantings consistent with the facilities with fuel
pumps requirements of LDC 5.05.05.E.1.a, c. & d., with trees increased in height from
14' to 16'. The site orientation along with the enhanced landscaping provides screening
of the proposed use to the existing residential properties located across Shadowlawn
Drive.
The property was developed as a gas station prior to 1998. Prior to 1998, the Code in
effect at the time the property was developed had no additional landscape buffer
requirements for the automobile service station. The proposed buffers exceed the buffers
in effect at the time the gas station was originally developed.
DECISION:
The Hearing Examiner hereby approves Petition Number DRD-PL20170002552, filed by DeLisi
Fitzgerald, Inc. representing RaceTrac Petroleum, Inc., for a site plan with deviations for
redevelopment for a proposed RaceTrac facility with fuel pumps on the property described
herein. These deviations are described above and in the Site Plan with Deviations attached as
Exhibit "A," and are subject to the condition(s) set forth below. This decision does not constitute
approval of the site plan.
ATTACHMENTS: Exhibit A — Site Plan with Deviations
Exhibit B — Sign Details
LEGAL DESCRIPTION: See Page 1 of Exhibit A.
[17 -CPS -01722/1400994/1]61 Page 8 of 9
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CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. During review of the SDP or subsequent Right -of -Way (ROW) permit approval, the
County may require a performance guarantee, such as a bond or letter of credit, be posted
by the applicant in order to provide for closure of the right -in movements at the access
point on Shadowlawn Drive closest to U.S. 41. An operational review may be performed
by the County within the first 18 months after issuance of the Certificate of Occupancy. If
upon review of the results of the operational review, the County determines it is
necessary to close the right -in movements, the County may call on the performance
guarantee in order to pay for the cost of installing the appropriate driveway barriers to
preclude the right -in turning movements.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
3- Zb-
Date
[I 7 -CPS -01722/1400994/1161
w' `"
Mar Strain, Hearing Examiner
Approved s to form and legality:
Scott A. S one
Assistant County Attorney
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PROJECT INFORMATION
LANDSCAPE BUFFER TABLE
REQUIRED
ZONING
C-4
FOLIO #
61834720003,61834680004,26780080007,26780040005
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE STATE OF FLORIDA, COUNTY OF COLLIER, SECTION 11, TOWNSHIP 50
SOUTHWEST (US 41, SR 45) TAMIAMI TRAIL EAST 25' PER LDC 5.05.05.E.1.
SOUTH, RANGE 25 EAST, BEING ALL OF PARCELS DESCRIBED IN OFFICIAL RECORDS BOOK 3783, PAGE
EAST (SHAWDOWLAWN AVE)
2199, OFFICIAL RECORDS BOOK 1737, PAGE 463 AND OFFICIAL RECORDS BOOK 3784, PAGE 1811 AND A
25' ENHANCED
PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2095, PAGE 370 ALL OF THE PUBLIC
15'TYPE'B'
RECORDS OF COLLIER COUNTY, FLORIDA LESS THE RIGHT OF WAY TAKINGS DESCRIBED IN OFFICIAL
RECORDS BOOK 2403, PAGE 2376 AND OFFICIAL RECORDS BOOK 2403, PAGE 2372 AND OFFICIAL
RECORDS BOOK 2403, PAGE 2369, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 36, NAPLES GROVES AND TRUCK CO'S LITTLE FARMS
NO. 2, AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE S.00°01'49"E., ALONG THE EAST LINE OF SAID LOT 36, FOR 1237.70 FEET; THENCE
S.89°28'25"W., FOR A DISTANCE OF 5.00 FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND
DESCRIBED IN SAID OFFICIAL RECORDS BOOK 1737, PAGE 463, THE WEST RIGHT OF WAY OF
SHADOWLAWN DRIVE, A 60 FOOT RIGHT OF WAY AND THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE S.00°01'49"E., ALONG SAID WEST RIGHT OF WAY, FOR A DISTANCE
OF 408.99 FEET TO THE BEGINNING OF ANON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
29.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°41'09", A CHORD BEARING
OF S.53°57'42"W., A CHORD LENGTH OF 40.87 FEET AND AN ARC LENGTH OF 45.15 FEET TO A POINT ON
THE NORTH RIGHT OF WAY LINE OF TAMIAMI TRAIL EAST (STATE ROAD NO. 90, U.S. 41), A VARIABLE
WIDTH RIGHT OF WAY; THENCE N.52°00'49"W., ALONG SAID NORTH RIGHT OF WAY, FOR A DISTANCE OF
390.93 FEET TO THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID OFFICIAL
RECORDS BOOK 3783, PAGE 2199; THENCE N.37'59'1 1"E. ALONG THE WEST LINE OF SAID PARCEL, FOR A
DISTANCE OF 105.00 FEET; THENCE N.74°40'51"E. FOR A DISTANCE OF 20.00 FEET; THENCE S.49°33'12"E.
FOR A DISTANCE OF 31.00 FEET; THENCE N.34°50'13"E., FOR A DISTANCE OF 64.83 FEET TO THE WEST
LINE OF THE PARCEL OF LAND DESCRIBED IN SAID OFFICIAL RECORDS BOOK 1737, PAGE 463; THENCE
N.00°10'21"W., ALONG SAID WEST LINE, FOR A DISTANCE OF 69.48 FEET TO THE NORTH LINE OF SAID
PARCEL; THENCE N.89°28'25"E., ALONG SAID NORTH LINE, FOR A DISTANCE OF 196.62 FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS 92,137 SQUARE FEET, OR 2.115 ACRES, MORE OR LESS.
���A
LANDSCAPE BUFFER TABLE
REQUIRED
PROPERTY LINE
BUFFER REQUIRED
BUFFER PROVIDED
NORTH (OFFICE)
15'TYPE'B'
15'TYPE'B'
SOUTHWEST (US 41, SR 45) TAMIAMI TRAIL EAST 25' PER LDC 5.05.05.E.1.
25' ENHANCED
EAST (SHAWDOWLAWN AVE)
30' PER LDC 5.05.05.D.2.
25' ENHANCED
NORTHWEST (RETAIL)
15'TYPE'B'
15' TYPE 'B'
SITE DESIGN STANDARDS
SETBACK
REQUIRED
PROVIDED
FRONT (US 41, SR 45)
50'
55.8' (CANOPY)
FRONT (SHADOWLAWN DRIVE)
50'
27' (STORE) / 39.7' (CANOPY)
SIDE (NORTH)
40'
95.6' (STORE) / 55' (DUMPSTER)
SIDE (NORTHWEST)
40'
77.3' (STORE) / 28' (CANOPY)
RACETRAC PETROLEUM, INC.
200 GALLERIA PARKWAY SE, SUITE 900
ATLANTA, GA 30339
(770)43 T-7eao
t'i?c) )ci'1. —
SHADOWLAWN DRIVE
(EPN #1266 -STORE #XXXX)
Exhibit "A" -Page 1 of 3
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SITE PLAN W/
DEVIATIONS
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DELisi
`Planning-Engineering-ProJedManagement
1605 Heidry Street
-
Fort Myers, FL 33901
Florida Certificate
(239) 413 0691
of Authorization
-.
(239) 418 0692 fax
Engineering LS #26978
RACETRAC PETROLEUM, INC.
200 GALLERIA PARKWAY SE, SUITE 900
ATLANTA, GA 30339
(770)43 T-7eao
t'i?c) )ci'1. —
SHADOWLAWN DRIVE
(EPN #1266 -STORE #XXXX)
Exhibit "A" -Page 1 of 3
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SITE PLAN W/
DEVIATIONS
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ABC LIQUOR/ RETAIL
ZONING. C-4 I �=
OVERLAY: BMUD
OVERLAY: GTMUD A'r RACETRAC MARKET
5,411 SF RETAIL
MAX HEIGHT = 75'
PROPERTY � 8
BOUNDARY �........._.... 77.3'
16.A.7.c
R,
0 20 40 80
PROPERTY
BOUNDARY
RIGHT -IN /
RIGHT -OUT
DRIVEWAY
DELIsI
EX. STATE ROAD 45 (U.S. 41)
MONUMENT SIGN J
LPROPERTY
Planning Engineering- Project Management
1605 Hendry Street
Fort Myers, FL 33901
--- TA MIAMI TRAIL EAST ------
_
LOCATION
X/
(239) 413-0692 fax
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DRIVEWAY
OWNER / DEVELOPER:
RACETRAC PETROLEUM, INC.
IDC GALLERIA PARKWAY SE SUITE 900
ATLANTA GA W339
(770)431-7600
PROJECT
SHADOWLAWN DRIVE
(EPN #1266 - STORE #XXXX)
Exhibit "A" - Page 2 of 3
MILLER SQUARE I
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SITE PLAN W/
DEVIATIONS
-Project eject Nt tuber 21442
Dart of Ge tion(s). 11
To»a.,l.ip. 50 S I Range.: 25 E
County, Stata: COLLIER COUNTY, FL
Sbeet Number: 2 of 3
Packet Pg. 556
DELIsI
EX. STATE ROAD 45 (U.S. 41)
MONUMENT SIGN J
LPROPERTY
Planning Engineering- Project Management
1605 Hendry Street
Fort Myers, FL 33901
--- TA MIAMI TRAIL EAST ------
_
LOCATION
of Authorization
(239) 413-0692 fax
Engineering LB #26978 '
(R.O.W. VARIES - PUBLIC)„ 362.7'
.__ _60 SF, B' HEIGHT.
BOUNDARY
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OWNER / DEVELOPER:
RACETRAC PETROLEUM, INC.
IDC GALLERIA PARKWAY SE SUITE 900
ATLANTA GA W339
(770)431-7600
PROJECT
SHADOWLAWN DRIVE
(EPN #1266 - STORE #XXXX)
Exhibit "A" - Page 2 of 3
MILLER SQUARE I
ZONING: PUD
OVERLAY:BMUD
NFq I�F RFST
SITE PLAN W/
DEVIATIONS
-Project eject Nt tuber 21442
Dart of Ge tion(s). 11
To»a.,l.ip. 50 S I Range.: 25 E
County, Stata: COLLIER COUNTY, FL
Sbeet Number: 2 of 3
Packet Pg. 556
DELIsI
ALi"':',�'l','° :.
Planning Engineering- Project Management
1605 Hendry Street
Fort Myers, FL 33901
Florida Certificate
(239) 413-0691
of Authorization
(239) 413-0692 fax
Engineering LB #26978 '
OWNER / DEVELOPER:
RACETRAC PETROLEUM, INC.
IDC GALLERIA PARKWAY SE SUITE 900
ATLANTA GA W339
(770)431-7600
PROJECT
SHADOWLAWN DRIVE
(EPN #1266 - STORE #XXXX)
Exhibit "A" - Page 2 of 3
MILLER SQUARE I
ZONING: PUD
OVERLAY:BMUD
NFq I�F RFST
SITE PLAN W/
DEVIATIONS
-Project eject Nt tuber 21442
Dart of Ge tion(s). 11
To»a.,l.ip. 50 S I Range.: 25 E
County, Stata: COLLIER COUNTY, FL
Sbeet Number: 2 of 3
Packet Pg. 556
16.A.7.c
DEVIATIONS:
10 COLLIER COUNTY LDC SECTION 5.05.05.B.1. WHICH REQUIRES A MINIMUM FRONT YARD SETBACK FOR FACILITIES WITH FUEL PUMPS
OF 50 FEET TO INSTEAD ALLOW A REDUCED FRONT YARD SETBACK OF 27 FEET FOR THE EAST FRONT YARD (SHADOWLAWN DR.
FRONTAGE).
02 COLLIER COUNTY LDC SECTION 5.05.05.C.4.b. WHICH LIMITS FACILITIES WITH FUEL PUMPS TO ONE (1) ILLUMINATED CORPORATE
LOGO WITH A MAXIMUM AREA OF TWELVE (12) SQUARE FEET ON A CANOPY FACE WHICH IS ADJACENT TO A DEDICATED STREET OR
HIGHWAY, TO INSTEAD ALLOW ONE (1) - FIFTY (50) SQUARE FOOT CORPORATE LOGO ON THE CANOPY FACADE FACING THE
TAMIAMI TRAIL EAST RIGHT-OF-WAY AND TWO (2) - THIRTY (30) SQUARE FOOT CORPORATE LOGOS, ONE (1) ON THE FACADE FACING
SHADOWLAWN DR. AND ONE (1) ON THE FACADE FACING THE EXISTING COMMERCIAL PARCEL TO THE NORTHWEST.
A COLLIER COUNTY LDC SECTION 5.05.05.C.4.b. WHICH LIMITS FACILITIES WITH FUEL PUMPS TO ONE (1) ILLUMINATED CORPORATE
LOGO PER CANOPY FACE WHICH IS ADJACENT TO A DEDICATED STREET OR HIGHWAY TO ALLOW ONE (1) ADDITIONAL ILLUMINATED
CORPORATE LOGO ON THE NORTHWEST CANOPY FACADE FACING THE EXISTING COMMERCIAL PARCEL.
COLLIER COUNTY LDC SECTION 5.05.05.E.1.a. WHICH REQUIRES LANDSCAPING ADJACENT TO RIGHTS-OF-WAY EXTERNAL TO THE
DEVELOPMENT PROJECT SHALL BE LOCATED WITHIN A LANDSCAPE BUFFER EASEMENT WHICH IS A MINIMUM OF TWENTY-FIVE (25)
FEET IN WIDTH AND REQUIRES THAT WATER MANAGEMENT SWALES SHALL NOT BE LOCATED WITHIN THESE BUFFER AREAS TO
INSTEAD ALLOW THE DRY DETENTION AREA TO OVERLAP THE BUFFER BY 12.5 FEET (50%).
A COLLIER COUNTY LDC SECTION 5.05.05.B.1. WHICH REQUIRES A MINIMUM SIDE YARD SETBACK FOR FACILITIES WITH FUEL PUMPS
OF 40 FEET TO INSTEAD ALLOW A REDUCED SIDE YARD SETBACK OF 28 FEET FOR THE NORTHWEST SIDE YARD (ABC PROPERTY).
0 COLLIER COUNTY LDC SECTION 5.05.08.D.2.b. WHICH REQUIRES THE DESIGN OF PRIMARY FACADES MUST INCLUDE, ATA MINIMUM
TWO OF THE DESIGN FEATURES LISTED IN 5.05.08.D.2.b TO INSTEAD ALLOW THE SIDE (SOUTHEAST) AND REAR (NORTHEAST)
FACADES WHICH FACE SHADOWLAWN DRIVE BE CONSIDERED SECONDARY.
COLLIER COUNTY LDC SECTION 5.05.05.E.1.b. WHICH REQUIRES LANDSCAPING ADJACENT TO RIGHTS-OF-WAY EXTERNAL TO THE
PROJECT TO INCLUDE AN UNDULATING BERM WITH A MAXIMUM SLOPE OF 3:1 SHALL BE CONSTRUCTED ALONG THE ENTIRE
LENGTH OF THE LANDSCAPE BUFFER AND SHALL BE CONSTRUCTED AND MAINTAINED AT A MINIMUM AVERAGE HEIGHT OF THREE
(3) FEET.TO INSTEAD ALLOW THE ELIMINATION OF THE 3' UNDULATING BERM.
0 COLLIER COUNTY LDC SECTION 4.06.02.C. (TABLE 2.4) WHICH REQUIRES A 15' WIDE TYPE 'B'LANDSCAPE BUFFER ALONG THE ABC
PROPERTY TO INSTEAD ALLOW A PORTION OF THE BUFFER ADJACENT TO THE ABC PROPERTY TO RE -ALLOCATED TO THE
REMAINING LANDSCAPE BUFFERS AND/OR INTERNAL LANDSCAPE AREAS OF THE PROPOSED PROJECT.
0 COLLIER COUNTY LDC SECTION 4.06.05.D.2.a WHICH REQUIRES NO MORE THAN 30% OF CANOPY TREES MAY BE SUBSTITUTED BY
PALMS WITHIN THE INTERIOR OF A VEHICULAR USE AREA AND WITHIN EACH INDIVIDUAL TYPED' RIGHT-OF-WAY LANDSCAPE
BUFFER TO INSTEAD ALLOW UP TO 100% USE OF ROYAL PALMS WITHIN PARKING ISLANDS.
A COLLIER COUNTY LDC SECTION 4.06.03.B.1 WHICH REQUIRES ONE TREE SHALL BE PROVIDED FOR EVERY 250 SQUARE FEET OF
REQUIRED INTERIOR LANDSCAPED AREA TO INSTEAD ALLOW ONE TREE FOR EVERY 500 SQUARE FEET OF REQUIRED INTERIOR
LANDSCAPED AREA.
0 COLLIER COUNTY LDC SECTION 5.05.05.E.1.c. WHICH DICTATES THE REQUIRED TREES AND PALMS SHALL BE CLUSTERED IN DOUBLE
ROWS WITH A MINIMUM OF THREE (3) TREES PER CLUSTER. CANOPY TREES SHALL BE PLANTED A MAXIMUM OF TWENTY (20) FEET
ON CENTER WITHIN A CLUSTER. THE USE OF PALMS WITHIN THE RIGHT-OF-WAY BUFFER SHALL BE LIMITED TO LANDSCAPED
AREAS ADJACENT TO VEHICULAR ACCESS POINTS. PALMS SHALL BE PLANTED IN STAGGERED HEIGHTS, A MINIMUM OF THREE (3)
PALMS PER CLUSTER, SPACED AT A MAXIMUM OF EIGHT (8) FEET ON CENTER, WITH A MINIMUM OF A FOUR (4) FOOT DIFFERENCE IN
HEIGHT BETWEEN EACH TREE TO INSTEAD ALLOW A SINGLE ROW OF ROYAL PALM TREES (24' OVERALL HEIGHT) WITH SINGLE 36"
HEDGE ROW AND ADDITIONAL SHRUBS AND GROUND COVER PLANTINGS FOR THE US 41 BUFFER.
0 COLLIER COUNTY LDC SECTION 5.05.05.E.1.d. WHICH REQUIRES ALL OF THE TREES SHALL BE A MINIMUM OF FOURTEEN (14) FEET IN
HEIGHT AT THE TIME OF INSTALLATION. TREES SHALL HAVE A MINIMUM OF A THREE AND ONE-HALF (3'h) INCH CALIPER AT TWELVE
(12) INCHES ABOVE THE GROUND AND A SIX (6) FOOT SPREAD. AT INSTALLATION, SHRUBS SHALL BE A MINIMUM OF TEN (10)
GALLONS, FIVE (5) FEET IN HEIGHT, WITH A THREE (3) FOOT SPREAD, PLANTED FOUR (4) FEET ON CENTER TO INSTEAD ALLOW A
SINGLE ROW OF ROYAL PALM TREES (24' OVERALL HEIGHT) WITH SINGLE 36" HEDGE ROW AND ADDITIONAL SHRUBS AND GROUND
COVER PLANTINGS FOR THE US 41 BUFFER,
0 SECTION 5.05.05.D.2. WHICH REQUIRES FACILITIES WITH FUEL PUMPS SITES SHALL BE SEPARATED FROM RESIDENTIAL PROPERTY
BY A THIRTY (30) FOOT WIDE LANDSCAPE BUFFER AND AN ARCHITECTURALLY DESIGNED MASONRY WALL WITH LANDSCAPING
REQUIRED ON BOTH SIDES OF THE MASONRY WALL TO INSTEAD ALLOW ELIMINATION OF THE MASONRY WALL AND PROVIDE AN
ENHANCED 25' WIDE BUFFER WITH 16' CANOPY TREES.
V\ \_'K, L)[ -A tI F_WLK:
RACETRAC PETROLEUM, INC.
200 GALLERIA PARKWAY SE, SUITE 900
ATLANTA, GA 30339
(770) 431-]600
SHADOWLAWN DRIVE
(EPN #1266 - STORE #XXXX)
Exhibit "A" - Page 3 of 3
SITE PLAN W/
DEVIATIONS
€'r 3j,,n Nurr:ber 21442
Part 31 sec-tun(s); 11
To n_L,p 50 5 Ranke- 25 E
Cbunh, ulePe: COLLIER COUNTY, FL
Sheet Number: 3 of 3
Packet Pg. 557
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Exhibit "B"
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