CITY OF NAPLES STAFF REPORT

Meeting of 04/13/16 Petition 16-SPD1 CITY OF NAPLES STAFF REPORT To: Planning Advisory Board From: Planning Department Subject: Site Plan with Deviations Petition 16-SPD1 Petitioner: 7-Eleven, Inc. Agent: John M. Passidomo, Esq., Cheffy Passidomo, P.A. Date: April 6, 2016 REQUEST: Request for approval of a Site Plan with Deviations to allow a convenience store and gas station with a deviation from Section 56-124(c)(13) to exceed the maximum allowable gross floor area for the sales of cold drinks, package foods, tobacco and similar grocery goods and to allow conditional use approval pursuant to Section 58-593 to allow a gasoline service station in a C- 2 General Commercial zoning district, for property located at 499 Goodlette Frank Road North. STAFF RECOMMENDATION: Staff recommends conditional approval of Site Plan with Deviations Petition 16-SPD1. LOCATION: 499 Goodlette-Frank Road North SIZE OF PARCEL: 0.89 acres/38,777 square feet EXISTING LAND USE: Retail Commercial and Restaurant CURRENT ZONING: C2, General Commercial; CRA District; Corridor Overlay Subject Property BACKGROUND/PREVIOUS ACTION: This site currently contains a 6,785 square foot one-story multi-unit commercial building. Previously, a gasoline service station occupied one of the units and included gasoline pumps. The pumps have since been removed. The petitioner wishes to demolish the existing structure and construct a new 7-Eleven gasoline service station comprised of approximately 3,000 square feet of convenience

Page 2 store space and 12 fueling stations beneath a new canopy. The petitioner has received administrative Site Plan approval and preliminary Design Review Board approval for the proposed development. PROPOSED DEVIATIONS: Below are the deviations from the code required for this project: 1. Section 58-593(10) of the Code of Ordinances provides that gasoline service stations require conditional use approval within the C2, General Commercial district. 2. Section 56-124(c)(13) of the Code of Ordinances provides that the area devoted to sales of cold drinks, package foods, tobacco and similar grocery goods for filling station customers, as accessory and incidental to principal operation, shall not exceed 50 percent of the gross floor area of the service station. The area devoted to these uses exceeds 50% of the gross floor area of the proposed project. PENDING AND/OR SUBSEQUENT ACTION: The Planning Advisory Board (PAB) will hold a public hearing on this petition at its meeting on Wednesday, April 13, 2016. At the close of the public hearing, the PAB will make a recommendation to the City Council. The City Council should consider the PAB s recommendation at its meeting on Wednesday, May 18, 2016, with final action by resolution. COMPREHENSIVE PLAN: This property is designated as Downtown Mixed Use on the Future Land Use Map of the Comprehensive Plan. The Downtown Mixed Use District currently contains a mixture of uses including commercial, heavy commercial, office, cultural, and institutional. The permitted uses in this district will continue to be mixed use with emphasis on residential and commercial uses within the same structure. The dwelling units within this district are primarily intended for employees who work at businesses within the City, retirees and seasonal residents. By providing housing for employees, travel time and vehicle trips will be reduced, traffic impacts minimized, and the quality of life of the residents enhanced. The primary function of this district is to encourage redevelopment, improve the aesthetics and physical appearance, and provide for a prosperous, viable downtown. Redevelopment themes for this area shall include: (1) Enhance building aesthetics and appearance. (2) Encourage a cohesive and integrated district. (3) Promote pedestrian access and activity. (4) Encourage mixed uses. (5) Emphasize an orderly pattern of circulation for both vehicular and pedestrian traffic. (6) Enhance streetscape in the rights-of-way and medians. (7) Encourage quality urban design including street lighting, landscaping, and consistent signage. To protect the integrity of the downtown area as it relates to surrounding neighborhoods, the area that is designated as Downtown Mixed Use bounded by 5 th Avenue South, 8 th Street, 7 th Avenue north, and Goodlette-Frank Road shall be subject to the following development standards: Maximum Aggregate density: 12 units per acre for 118 acres, or 1,416 units. Maximum Site Density: Up to 30 units per acre with provision for open space or payment into an open space fund, however, aggregate density limit of 1,416 units cannot be exceeded. Other areas designated as Downtown Mixed Use shall be limited in to the standards in Policy 1-1 or by the more restrictive limitations imposed by zoning. The following objectives and policies found in the City s Comprehensive Plan are applicable to this request:

Page 3 Policy 1-1: The permitted intensity/density in each land use designation is as follows: LAND USE CATEGORY Downtown Mixed Use INTENSITY/DENSITY Residential Density for area within 5 th Ave S, 8 th Street, 7 th Ave N, and Goodlette Rd is limited to 12 units/ac overall with open space provisions Residential Density for areas in the Downtown Mixed Use Land Use, outside of the above described boundary and further limited as being with the area south of 4 th Avenue South, north of 6 th Avenue South, east of 3 rd Street South and West of 9 th Street South, density and intensity shall be limited according to the parking requirements and by a height limitation of three stories and 42 feet and a floor area ratio of 3. Total number of dwelling units in this area shall not exceed 1000. Parking requirements are as follows: Commercial uses 3 parking spaces per 1000 square feet (gross) of building area Dwelling units developed as strictly residential 2 parking spaces per unit Transient lodging units 1 parking space per unit Residential Density for areas in the Downtown Mixed Use Land Use, outside of the above described boundaries shall be limited according to the zoning regulations but not to exceed 12 units per acre. The proposed gasoline service station and canopy total 6,106 square feet with a lot coverage of less than 16%, which is compliant with the 40% maximum lot coverage regulation in the BP district. The Downtown Mixed Use land use designation requires the provision of 3 parking spaces per 1,000 square feet of building area. The gasoline service station is approximately 3,000 square feet in area, requiring the provision of 10 parking spaces to satisfy the future land use designation. Chapter 50, Section 50-104, of the Code of Ordinances requires the provision of 1 space per 300 square feet of gross floor area for commercial uses. The proposed service station requires 10 spaces to satisfy the parking regulations in the Code of Ordinances. The plans provided depict the provision of 12 parking spaces. Policy 1-2: Unless otherwise permitted in the Comprehensive Plan, new development, redevelopment and reuse shall be consistent with the permitted use and density/intensity of each designation. Heavy commercial uses are encouraged in the Downtown Mixed Use Future Land Use Category and gasoline service stations are permitted through the conditional use process in the C2, General Commercial zoning district. The proposed service station is consistent with the uses and intensity of the Downtown Mixed Use Future Land Use designation. Policy 1-2.1: Encourage professional standards of architectural and urban design, site planning, and landscaping for all new projects. The Petitioner has hired an experienced professional architect to develop a design that reflects a high standard of professional architectural design, site planning and landscape, while tailoring the design to maintain the Naples aesthetic. This project has received preliminary approval from the Design Review Board.

Page 4 Policy 1-4: Policy 5-1: Non-residential development shall be compact and in a readily accessible location for the market it is intended to service, and shall not encroach into stable residential areas. The proposed gasoline service station is located at the corner of Goodlette- Frank Road North and 5 th Avenue North, affording convenient access for vehicular traffic along Goodlette-Frank Road and pedestrian access via the existing sidewalk to residents of the adjacent residential neighborhood. The petitioner has provided ample landscaping along the eastern rear property line to buffer the adjacent residential neighborhood from the proposed development. Land uses shall be consistent with permitted activities as detailed in Objective 1 and the designation description section of this element. The use of this property as a gasoline service station is consistent with the Downtown Mixed Use Future Land Use designation and the zoning designation of C2, General Commercial through the conditional use process. FUTURE LAND USE MAP Subject Property SURROUNDING PROPERTIES: North South East West Zoning C2, General PS, Public Service R1-7.5, Residence D, Downtown Commercial District Existing Vacant City of Naples Single Family Commercial Land Use Municipal Campus Residence Future Land Use Downtown Mixed Use Institutional/Public, Semi-Public Low Density Residential Downtown Mixed Use

AERIAL: Page 5 Subject Property GUIDELINES AND STANDARDS/ANALYSIS: Site Plan with Deviations Section 46-33(g)(2) of the Land Development Code provides the standards for approval of a site plan with deviations. The standards and staff analysis are as follows: (a) Land uses and densities within the development shall be consistent with the permitted and conditional uses in the zoning district. Conditional uses approved as part of this plan approval shall comply with the standards for approval in section 46-34. The land uses and density of the project are consistent with the conditional uses of the C2, General Commercial zoning district. The plans submitted depict lot coverage of approximately 16% for the proposed gasoline service station, including the canopy, which is well below the maximum lot coverage of 40% allowed by the C2, General Commercial zoning district. The plans also depict the provision of 12 parking spaces on the site. The Downtown Mixed Use land use designation requires the provision of 3 parking spaces per 1,000 square feet of building area. The gasoline service station is approximately 3,000 square feet in area, requiring the provision of 10 parking spaces to satisfy the future land use designation. Chapter 50, Section 50-104, of the Code of Ordinances requires the provision of 1 space per 300 square feet of gross floor area for commercial uses. The proposed service station requires 10 spaces to satisfy the parking regulations in the Code of Ordinances. (b) The development shall comply with applicable city plans and planning policies, and shall have a beneficial effect both upon the area of the city in which it is proposed to be established and upon the city as a whole. The proposed 7-Eleven gasoline service station is consistent with all city plans and planning policies and will enhance the viability of the C2, General Commercial district. The proposed gasoline service station is located at the corner of Goodlette-Frank Road North and 5 th Avenue North, affording convenient access to vehicular traffic along Goodlette-Frank Road and pedestrian access via sidewalks to residents of the nearby residential neighborhoods. Provided that the Petitioner complies with the recommended conditions of approval pertaining to crosswalks and signage to ensure pedestrian safety, the proposed gasoline service station should not have a negative effect upon this area of the City, or on the City as a whole.

Page 6 (c) The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The property is approximately 0.89 acres, or 38,777 square feet and the petitioner is proposing to construct a 3,010 square foot gasoline service station with a separate 3,000 square foot fuel canopy structure. The combined structures will occupy less than 16% of the total area of the property. Section 56-124(b) of the Code of Ordinances requires that gasoline service station sites shall not be less than 125 feet in width, 125 feet in depth, and 15,000 square feet in area. Sections 58-594 and 58-595 of the Code of Ordinances provide that there is no minimum lot area requirement and no minimum lot width requirement in the C2, General Commercial zoning district. This parcel meets the lot dimension and area requirements for a gasoline service station and the land area devoted to each portion of the gasoline service station is adequate to ensure that they function safely and efficiently. The Petitioner has provided diagrams depicting fire, garbage and WB-50 truck turning radii and routes, as well as a traffic impact statement, to ensure adequate vehicular access and flow within the site. (d) Streets, utilities, drainage facilities, recreation areas, building heights, sizes and yards, and vehicular parking and loading facilities shall be appropriate for the particular use involved. The City s Streets and Stormwater and Utilities Departments have reviewed the proposed development. The Utilities Department confirms that this project is located within the City of Naples Water and Sewer service areas and that reclaimed water is available to this project. Connection to the reclaimed system will be required. The Utilities Department also acknowledges that the developer plans to re-route the City s gravity main and reclaimed water main which currently runs in an easement through the existing parking lot. The City will coordinate the details regarding the abandonment and temporary service (or by-pass) upon review of the Utility Plan Submittal. The Streets and Stormwater Department has reviewed the Site Plan and traffic impact study and indicated that they are concerned with pedestrian safety. This location has a lot of pedestrian traffic along the adjacent sidewalks. In order to address the pedestrian safety issue, the Streets and Stormwater Department has requested that a crosswalk along the Goodlette-Frank Road North sidewalk be marked with proper striping and meet current ADA standards. These plans will be submitted to Collier County for review and approval, prior to construction. Additionally, the Streets and Stormwater Department has requested that the Petitioner provide signage at Stop locations approaching 5 th Avenue North and Goodlette-Frank Road North to caution drivers for pedestrian traffic at the crosswalks. The zoning regulations of the C2, General Commercial district provide a maximum height limited to three stories and 42 feet, except that height for properties adjacent to or across the street from any R1 zoned property is limited to 2 stories in height. This parcel is adjacent to the R1-7.5, Residence District to the east. The proposed gasoline service station and canopy comply with the maximum height limitation as well as the lot coverage and required setbacks in the C2, General Commercial district. The proposed gasoline service station is compliant with both the parking standard in Chapter 50 of the Code of Ordinances and the parking standard established by the Institute of Transportation Engineers (ITE). The ITE peak period parking demand for 24 hour convenience markets is 3.95 spaces per 1,000 square feet of gross floor area. Using this ITE standard, this project would necessitate the provision of 12 parking spaces. The petitioner has provided 12 parking spaces on the site. (e) Visual character and community amenities shall be equal or better in quality than that required by the development standards for the district. 7-Eleven, Inc. has hired an experienced architect to develop a design that reflects a high standard of professional architectural design, site planning, landscape, and lighting, and has tailored the design and materials to maintain the Naples aesthetic. The design and appearance of the building is consistent with the Goodlette-Frank Road corridor and exceeds in detail and materials the other gasoline service stations in the area. The canopy structure has been designed to include stucco and stone details on the columns to enhance the visual appeal of the structure. The specific design elements and materials chosen for this development are

Page 7 consistent in quality and visual character with those required in the district and exceed those seen on other gasoline service stations. Section 56-124(g) of the Code of Ordinances requires the planting of an ornamental buffer along all gasoline station side and rear property lines which abut any district other than C2, C2-A, C3 or I. Section 56-44 of the Code provides that ornamental buffers be a minimum of 6 feet high, unless a different height is established by the city council for a particular situation, and shall be composed of structural or plant materials. Within 1 year of installation and at all times thereafter, ornamental buffers shall be at least 75 percent opaque and shall be maintained in a neat, attractive condition. Failure to meet the standard of opaqueness or appearance set out in this section shall constitute a zoning violation. Details of the ornamental buffer shall be shown on the building plans which are submitted to the city manager as a part of the application for a building permit, and must be approved by the city manager prior to the issuance of a building permit for the development of the site. The Landscape plans provided depict the provision of a Clusia hedge and numerous Green Buttonwood trees along the rear property line; however, the plans depict only the provision of Green Buttonwood trees along the southern side property line, which abuts the PS, Public Service district. The Petitioner will be required to provide the ornamental buffer on the final Landscape plans, or obtain approval of a deviation from this requirement. The plans provided depict the addition of a freestanding sign abutting Goodlette-Frank Road, but do not provide details of the sign. Section 50-35(d) of the Code of Ordinances allows for one 60 square foot freestanding sign with a maximum height of 15 feet. Pursuant to this section, the sign may advertise only the brand name and the products or services sold on the premises and may not advertise the price of products or services provided. The plans also depict the addition of a wall sign on the west elevation of the building, but do not provide details of the sign. Section 50-35(d)(3) allows no more than 1 wall sign per street fronted upon, not to exceed 30 square feet in area per sign, provided the sign advertises only a brand name and the products or services sold on the premises. The Petitioner will be required to comply with all signage regulations, or obtain approval of a deviation from the requirements, prior to the issuance of a Building Permit. (f) Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. This parcel will contain a single tenant and there will be no areas in common ownership. (g) Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. The requested deviations are clearly indicated in the Site Plan with Deviations application within the Petition Request and Summary of Facts and are depicted throughout the accompanying plans. Section 58-593(10) of the Code of Ordinances provides that gasoline service stations require conditional use approval within the C2, General Commercial district. The proposed gasoline service station is consistent with the Conditional Use criteria set forth in Section 46-34(d) of the Code of Ordinances. Section 56-124 of the Code allows for the sale of cold drinks, package foods, tobacco and similar grocery goods for filling station customers, as accessory and incidental to principal operation, provided that the area devoted to this use shall not exceed 50 percent of the gross floor area of the service station. Section 56-124 of the Code provides the services permitted by gasoline service stations, including true automotive services such as tire servicing and repair, replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, radiator flushing and cleaning, greasing and lubrication, providing and repairing fuel pumps, oil pumps and lines, minor servicing and repair of carburetors, emergency wiring repairs, minor maintenance, repair or replacement of vehicle components, etc. The proposed 7-Eleven station will operate as a convenience market, focused primarily on the retail sale of gasoline, cold drinks, package foods and other convenience items and will not operate as an automobile service station. The Petitioner is requesting a deviation to allow for 100 percent of the station to be devoted to retail

Page 8 sales of food, beverage and other convenience items. This request is consistent with the modern (h) The proposed development is consistent with the comprehensive plan. The proposed gasoline service station is consistent with the Goals, Objectives and Policies of the Comprehensive Plan and the Downtown Mixed Use Future Land Use designation. Conditional Use: Section 58-593 of the Code of Ordinances provides for gasoline service stations as a conditional use within the C2, General Commercial District. Section 46-34(d) of the Land Development Code provides the standards for approval of a conditional use. The standards and staff analysis are as follows: (1) Ingress and egress to the subject property and the proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic generation flow and control, and access in case of fire or catastrophe, shall be adequate and not potentially detrimental to existing or anticipated uses in the vicinity and particularly not detrimental to property immediately adjacent to the subject site. Vehicular ingress and egress to the site is provided off of Goodlette-Frank Road and 5 th Avenue North. The existing curb cut off of Goodlette-Frank Road will remain in its current location. The existing curb cut off of 5 th Avenue North will be moved to the east to provide additional separation from the intersection. The parking areas are easily and clearly accessible from the ingress/egress locations. The petitioner is proposing to maintain the existing sidewalks along Goodlette-Frank Road and 5 th Avenue North. This location has a lot of pedestrian traffic along the adjacent sidewalks and there have been previous fatalities at this intersection. City Staff is concerned about pedestrian safety in and around the site. In order to address the pedestrian safety issue, the Streets and Stormwater Department has requested that a crosswalk along the Goodlette-Frank Road North sidewalk be marked with proper striping and meet current ADA standards. These plans will be submitted to Collier County for review and approval, prior to construction. Additionally, the Streets and Stormwater Department has requested that the Petitioner provide signage at Stop locations approaching 5 th Avenue North and Goodlette-Frank Road North to caution drivers for pedestrian traffic at the crosswalks. (2) Off-street parking and loading areas, where required or requested by the property owner, shall be adequate and well-designed, and relate well, in terms of proximity, access and the like, to the uses intended to be serviced, with particular attention to the items listed in subsection (d)(1) of this section and the smoke, noise, glare, dust, vibrations, fumes, pollution or odor effects related to the vehicular use area or the conditional use, and such shall not be detrimental to the adjoining properties in the general area. The plans provided depict the provision of 12 parking spaces on the site. The Downtown Mixed Use land use designation requires the provision of 3 parking spaces per 1,000 square feet of building area. The gasoline service station is approximately 3,000 square feet in area, requiring the provision of 10 parking spaces to satisfy the future land use designation. Chapter 50, Section 50-104, of the Code of Ordinances requires the provision of 1 space per 300 square feet of gross floor area for commercial uses. The Institute of Transportation Engineers (ITE) peak period parking demand for 24 hour convenience markets is 3.95 spaces per 1,000 square feet of gross floor area. Using this ITE standard, this project would necessitate the provision of 12 parking spaces. The petitioner has provided 12 parking spaces on the site, which is consistent with the parking regulations in the Future Land Use designation, the Code of Ordinances and the ITE standards for gasoline service stations. The parking areas are located on the north and west sides of the convenience store building to ensure that the glare generated by the headlights of patrons cars will be directed toward the building and that the building will buffer the glare from the adjacent residential neighborhood. Additionally, a retaining wall and dense landscape hedge along the eastern property line will provide further buffer from any noise and/or glare generated by vehicular traffic within the site. The proposed parking areas are designed and located in a manner that they should not create any smoke, noise, glare, dust, vibrations, fumes, pollution, or odor effects that will be detrimental to the adjoining properties.

Page 9 (3) Refuse and service areas, with particular reference to the items listed in subsections (d)(1) and (2) of this section, shall be adequately screened so as not to be visible from adjacent properties or a public right-of-way and shall be located in such a way as not to be a nuisance, by virtue of smoke, noise, glare and the like, to adjacent properties. The Site Plan provided depicts a dumpster located on the southern portion of the site, accessible to the Solid Waste Department directly off of Goodlette-Frank Road. The plans depict a dumpster enclosure with landscaping along the eastern and southern sides to buffer adjacent properties. The City s Solid Waste Department has reviewed the proposed plans and indicated that the dumpster and enclosure will be required to comply with the container screening provision of the Code, found in Sec. 32-39. The Solid Waste Department will review and approve any and all container enclosures prior to construction. The dumpster location should not pose a problem to the adjacent properties and will be screened from view. (4) Utilities, whether public or private, shall be adequate and not detrimental with reference to location, availability, adequacy and compatibility. The Utilities Department confirms that this project is located within the City of Naples Water and Sewer service areas and that reclaimed water is available to this project. Connection to the reclaimed system will be required. The Utilities Department also acknowledges that the developer plans to re-route the City s gravity main and reclaimed water main which currently runs in an easement through the existing parking lot. The City will coordinate the details regarding the abandonment and temporary service (or by-pass) upon review of the Utility Plan Submittal. (5) Screening, buffering or separation of any nuisance or hazardous feature, with reference to type, dimensions and character, shall be fully and clearly represented on the submitted plans and shall be adequate to protect adjacent properties. In order to buffer the proposed development from the single family neighborhood to the east, the petitioner has designed the site layout to focus the intensity of use toward Goodlette-Frank Road and away from the residential neighborhood. The petitioner has also provided an enhanced landscape buffer along the eastern property line, including a 5 Clusia hedge and eight 12 Green Buttonwood trees atop a retaining wall to provide visual screening and noise buffering. To ensure that the proposed development does not create a hazard to pedestrian safety, the Streets and Stormwater Department has requested that a crosswalk along the Goodlette-Frank Road North sidewalk be marked with proper striping and meet current ADA standards. These plans will be submitted to Collier County for review and approval, prior to construction. Additionally, the Streets and Stormwater Department has requested that the Petitioner provide signage at Stop locations approaching 5 th Avenue North and Goodlette-Frank Road North to caution drivers for pedestrian traffic at the crosswalks. The plans clearly depict the location of the proposed underground fuel tanks. The Petitioner will be required to obtain approval from the Florida Department of Environmental Protection to install the gasoline storage tanks. (6) Proposed signs and exterior lighting shall be considered with reference to glare, traffic safety and compatibility and harmony with surrounding properties and shall be determined to be adequate, safe and not detrimental or a nuisance to adjacent properties. The plans provided depict the addition of a freestanding sign abutting Goodlette-Frank Road, but do not provide details of the sign. Section 50-35(d) of the Code of Ordinances allows for one 60 square foot freestanding sign with a maximum height of 15 feet. Pursuant to this section, the sign may advertise only the brand name and the products or services sold on the premises and may not advertise the price of products or services provided. The plans also depict the addition of a wall sign on the west elevation of the building, but do not provide details of the sign. Section 50-35(d)(3) allows no more than 1 wall sign per street fronted upon, not to exceed 30 square feet in area per sign, provided the sign advertises only a brand name and the products or services sold on the premises. The Petitioner will be required to comply with all signage regulations, or obtain approval of a deviation from the requirements, prior to the issuance of a Building Permit.

Page 10 (7) A determination shall be made that the proposed development will not hinder development of the nearby vacant properties with a permitted use in the subject zone district. The vacant parcel to the north is within the C2, General Commercial zoning district, which provides for a variety of commercial permitted uses. The construction of the proposed gasoline service station should not hinder development of this parcel, as it is compatible with the permitted commercial uses provided. Section 58-593(10) of the Code of Ordinances provides for gasoline service stations as a conditional use in the C2, General Commercial zoning district. Section 56-124(a) of the Code of Ordinances provides that gasoline service station sites shall not be located within 800 feet of any other site occupied by a gasoline service station, or site for which a still-valid building permit has been issued for a gasoline service station. The vacant parcel to the north would not be allowed to be developed as a gasoline service station without conditional use approval and approval of a variance or deviation from City Council. (8) The land and buildings which are involved shall be adequate, in terms of size, shape, type of building and the like, to ensure compatibility with the proposed conditional use. The property is approximately 0.89 acres, or 38,777 square feet and the petitioner is proposing to construct a 3,010 square foot gasoline service station with a separate 3,000 square foot fuel canopy structure. The combined structures will occupy less than 16% of the total area of the property. Section 56-124(b) of the Code of Ordinances requires that gasoline service station sites shall not be less than 125 feet in width, 125 feet in depth, and 15,000 square feet in area. Sections 58-594 and 58-595 of the Code of Ordinances provide that there is no minimum lot area requirement and no minimum lot width requirement in the C2, General Commercial zoning district. This parcel meets the lot dimension and area requirements for a gasoline service station and the land area devoted to each portion of the gasoline service station is adequate to ensure that they function safely and efficiently. The Petitioner has provided diagrams depicting fire, garbage and WB-50 truck turning radii and routes, as well as a traffic impact statement, to ensure adequate vehicular access and flow within the site. (9) The proposed development shall be compatible and appropriate with respect to adjacent properties and other property in the district and geographic area. The proposed project is surrounded by a mix of vacant property, commercial development, municipal buildings, and single family residential units. The Petitioner has engaged an experienced architect to develop a design that reflects a high standard of professional architectural design, site planning, landscape, and lighting, and has tailored the design and materials to maintain the Naples aesthetic. The design and appearance of the building is consistent with the Goodlette-Frank Road corridor and exceeds in detail and materials the other gasoline service stations in the area. The site layout has been designed to focus the intensity of use toward Goodlette-Frank Road and away from the residential neighborhood to the east. The parking areas are located on the north and west sides of the convenience store building to ensure that the glare generated by the headlights of patrons cars will be directed toward the building and that the building will buffer the glare from the adjacent residential neighborhood. The petitioner has also provided an enhanced landscape buffer along the eastern property line, including a 5 Clusia hedge and eight 12 Green Buttonwood trees atop a retaining wall to provide visual screening and noise buffering. This site is immediately adjacent to a residential neighborhood and this intersection experiences a large amount of pedestrian activity. The school crossing is located on the southern boundary of the intersection and is manned by a crossing guard twice daily to ensure the safety of children and adults crossing Goodlette-Frank Road along 5 th Avenue South. Ensuring that vehicular and pedestrian uses interact safely within and around this site is a top priority of City Staff. There is heavy pedestrian traffic along the sidewalks adjacent to this site along Goodlette-Frank Road and 5 th Avenue North. City Staff is concerned about pedestrian safety in and around the site. In order to address the pedestrian safety issue, the Streets and Stormwater Department has requested that a crosswalk along the Goodlette-Frank Road North sidewalk be marked with proper striping and meet current ADA standards. These plans will be submitted to Collier County for review and approval, prior to construction. Additionally, the Streets and Stormwater

Page 11 Department has requested that the Petitioner provide signage at Stop locations approaching 5 th Avenue North and Goodlette-Frank Road North to caution drivers for pedestrian traffic at the crosswalks. (10)The collective impact of similar non-residential conditional uses shall not result in a single service district or have a negative effect on adjacent property values. Allowing for the construction of a gasoline service station in this location will not result in a single service district. Section 56-124(a) of the Code of Ordinances provides that gasoline service station sites shall not be located within 800 feet of any other site occupied by a gasoline service station, or site for which a still-valid building permit has been issued for a gasoline service station. There are no other gasoline service stations within 800 feet of this site. This site previously contained a gasoline service station and the construction of a new service station should not have a negative effect on adjacent property values. Residential Impact Criteria Considering the criteria for residential impact statement from Section 46-43 of the Code of Ordinances, staff finds the following: (1) Illumination. Illumination levels shall not exceed 0.5 footcandle at the lot lines of the subject property. In addition, the standards for illumination set forth in section 56-89 shall also be met. The Petitioner has submitted a Lighting Plan for the site depicting illumination levels that are 0.5 footcandles or lower at the property lines, which is consistent with Section 56-89 of the Code of Ordinances. (2) Noise. Physical barriers exist and operation plans are in place to insure that noise levels shall be consistent with those identified in section 22-37. Businesses with external speakers such as outdoor live entertainment, drive-thru lanes and automotive dealerships, shall take measures to insure that speakers are pointed away from residences and sound is buffered. There will be no external speakers on the building for the use of music; however, an intercom system with speakers will be located at the fuel pumps for assistance. The fuel pumps are located on the western portion of the site, buffered from the adjacent residential neighborhood by the service station building. Additionally, the Petitioner has provided a landscape hedge along the eastern rear property line for additional noise buffering. (3) Parking and access. Parking must meet the minimum requirements and be adequate to avoid any overflow into the residential area. Parking areas shall be situated and buffered to avoid impacting the residential areas. Primary vehicular ingress and egress shall, where possible, be located to avoid conflict with traffic in the residential area. Pedestrian connections with public sidewalks and residential areas are encouraged. The parking for the proposed gasoline service station is consistent with the parking provisions in Chapter 50 and the parking standard established by the Institute of Transportation Engineers (ITE). The ITE peak period parking demand for 24 hour convenience markets is 3.95 spaces per 1,000 square feet of gross floor area. Using this ITE standard, this project would necessitate the provision of 12 parking spaces. The petitioner has provided 12 parking spaces on the site. Ingress and egress to the site is provided off of Goodlette-Frank Road and 5 th Avenue North. The parking areas are easily and clearly accessible from the ingress/egress locations. The petitioner is proposing to maintain the existing sidewalks along Goodlette-Frank Road and 5 th Avenue North. This location experiences heavy pedestrian traffic along the adjacent sidewalks. In order to address the pedestrian safety issue, the Streets and Stormwater Department has requested that a crosswalk along the Goodlette-Frank Road North sidewalk be marked with proper striping and meet current ADA standards. These plans will be submitted to Collier County for review and approval, prior to construction. Additionally, the Streets and Stormwater Department has requested that the Petitioner provide signage at Stop locations approaching 5 th Avenue North and Goodlette-Frank Road North to caution drivers for pedestrian traffic at the crosswalks.

Page 12 (4) Landscape buffer. Landscaping provides adequate screening between the commercial activity and the residential units including buffering noise and the glare from vehicular headlights. Based on the project design and surrounding development patterns, additional landscaping and screening may be required to provide adequate buffering as determined by the city council. Where possible, existing landscaping buffers shall be upgraded to meet or exceed the requirements of Chapter 50, Article III, landscaping and tree protection. The proposed project is surrounded by a mix of vacant property, commercial development, municipal buildings, and single family residential units. The site design focuses the intensity of use toward Goodlette-Frank Road and away from the residential neighborhood to the east. The landscape plans submitted depict abundant landscaping at the perimeter of the site and at the base of the building. Section 56-124(g) of the Code of Ordinances requires the planting of an ornamental buffer along all gasoline station side and rear property lines which abut any district other than C2, C2-A, C3 or I. Section 56-44 of the Code provides that ornamental buffers be a minimum of 6 feet high, unless a different height is established by the city council for a particular situation, and shall be composed of structural or plant materials. Within 1 year of installation and at all times thereafter, ornamental buffers shall be at least 75 percent opaque and shall be maintained in a neat, attractive condition. Failure to meet the standard of opaqueness or appearance set out in this section shall constitute a zoning violation. Details of the ornamental buffer shall be shown on the building plans which are submitted to the city manager as a part of the application for a building permit, and must be approved by the city manager prior to the issuance of a building permit for the development of the site. The Landscape plans provided depict the provision of a Clusia hedge and numerous Green Buttonwood trees along the rear property line; however, the plans depict only the provision of Green Buttonwood trees along the southern side property line, which abuts the PS, Public Service district. The Petitioner will be required to provide the ornamental buffer on the final Landscape plans, or obtain approval of a deviation from this requirement. (5) Mitigation of hazardous or adverse impacts. All hazardous or adverse impacts to adjacent residences in adjacent residential zoning shall be adequately addressed in a mitigation plan to minimize or eliminate such hazardous or adverse impacts. The city reserves the right to require additional mitigation when it finds the identified impacts are not adequately addressed. In order to buffer the proposed development from the single family neighborhood to the east, the petitioner has designed the site layout to focus the intensity of use toward Goodlette-Frank Road and away from the residential neighborhood. The petitioner has also provided an enhanced landscape buffer along the eastern property line, including a 5 Clusia hedge and eight 12 Green Buttonwood trees atop a retaining wall to provide visual screening and noise buffering. To ensure that the proposed development does not create a hazard to pedestrian safety, the Streets and Stormwater Department has requested that a crosswalk along the Goodlette-Frank Road North sidewalk be marked with proper striping and meet current ADA standards. These plans will be submitted to Collier County for review and approval, prior to construction. Additionally, the Streets and Stormwater Department has requested that the Petitioner provide signage at Stop locations approaching 5 th Avenue North and Goodlette-Frank Road North to caution drivers for pedestrian traffic at the crosswalks. (6) Hours of operation. Where the proposed hours of operation extend to between 9:00 p.m. and 8:00 a.m., security measures shall be taken to insure monitoring of the premises including parking areas. The proposed 7-Eleven will be open 24 hours. The petitioner has provided a lighting plan depicting adequate lighting on the site to ensure the safety of employees and patrons of the gasoline service station. The Petitioner has indicated that the site will be staffed appropriately to ensure security.

Page 13 DEPARTMENTAL REVIEW: City staff has reviewed the proposed Site Plan with Deviations and offered the following comments: Utilities Department: 1. A grease interceptor may be required. It is not shown on the plans. 2. City Utilities acknowledges that the developer plans to re-route the City s gravity main and reclaimed water main which currently runs in an easement through the existing parking lot. The City will coordinate the details regarding the abandonment and temporary service (or bypass) upon review of the Utility Plan Submittal. 3. City Utilities acknowledges that a new utility easement is proposed due to the re-routing of the utilities mentioned in #2 above. 4. This project is located within the City of Naples Water and Sewer service areas. The plans note that the sewer is Collier County; this should be corrected. 5. Reclaimed water is available to this project and connection to the reclaimed system will be required. The plans note Ex. Irrigation service to remain, but the meter and service lines are not shown. 6. Utility Plan review is required. Banks Engineering has already been in contact with City Utilities staff and they are aware of what is required for submittal. Comments from Solid Waste Department: Plans must comply with the container screening provision of the Code, found in Sec. 32-39. Solid Waste must review and approve any and all container enclosures before construction. Comments from Streets & Stormwater Department: A crosswalk along Goodlette-Frank Road N sidewalk shall be marked with proper striping and meet current ADA standards. Submit plans to Collier County for review and approval. Provide signage at Stop locations approaching 5 th Ave N. and Goodlette-Frank N. to caution drivers for pedestrian traffic at the crosswalks. We are concerned with pedestrian safety. This location has a lot of pedestrian traffic along the adjacent sidewalks and has had previous fatalities at the intersection. The proposed Site Plan for the new 7-Eleven appears to be adequate. Improvements proposed include the Driveway on 5 th Ave will be moved slightly further from the intersection, and parking will meet or exceed existing capacity. A sidewalk to 5 th Ave will be added for safety. The proposed Stormwater plans for the new 7-Eleven appear to be adequate for the site. Water Quality calculations are included. The Outfall is routed to the same location as the stormwater drainage from Goodlette-Frank Rd, which goes to the Gordon River. Comments from Building Department/Floodplain Management: 1. The current flood zone for this property is AE 8.0 per the FIRM 12021C0393H dated 05/16/12. 2. The Base Flood Elevation (BFE) for this structure is 8.0 NAVD. 3. The required Design Flood Elevation (DFE) as per the 5 th Edition Florida Building Code/ASCE 24 is 9.0 NAVD. 4. The proposed building is currently designed at the required DFE of 9.0 NAVD. 5. Please ensure that the Fuel Supply Lines that are below the DFE are designed as per ASCE 24-05, Chapter 7.4 and include an automatic shut off valve.

Comments from Building Department: Page 14 Goodlette-Frank Road (CR 851) is on an emergency evacuation route. Per 526.143 certain public fuel dispensing facilities located on evacuation routes must have provisions for emergency back-up power; namely a generator or ATS to serve fuel dispensing equipment. 16-SP3 FBC 5 th addition shall apply to all construction. Special consideration should be given to construction site management including fencing location, construction parking, phasing of construction, delivery and staging of materials. FINDINGS: Staff finds that Site Plan with Deviations Petition 16-SPD1 is consistent with the Site Plan with Deviations and Conditional Use criteria set forth in the Code of Ordinances and recommends approval of the requested deviations, subject to the following conditions: 1. The Petitioner will be required to provide the ornamental buffer required in Section 56-124(g) of the Code of Ordinances on the final Landscape plans, or obtain approval of a deviation from this requirement, prior to the issuance of a Building Permit. 2. The Petitioner will be required to comply with all signage regulations in Chapter 50 of the Code of Ordinances, or obtain approval of a deviation from the requirements, prior to the issuance of a Building Permit. 3. The Petitioner will correct the plans to note that the site is within the City of Naples Water and Sewer service areas. 4. The Petitioner will submit a Utilities Plan for review by City Staff, prior to the issuance of a Building Permit. 5. The Petitioner will ensure that the plans submitted for a Building Permit comply with the container screening provision established in Section 32-39 of the Code of Ordinances. The plan will be reviewed by the Solid Waste department for approval of all container enclosures, prior to construction. 6. The plans will be revised to depict a crosswalk along the Goodlette-Frank Road North sidewalk that is marked with proper striping and is consistent with current ADA standards, prior to the issuance of a Building Permit. 7. The Petitioner will work with the Streets and Stormwater Department to ensure that vehicular and pedestrian ingress and egress to the site is designed to preserve the safety of pedestrians in and around the site, prior to the issuance of a Building Permit. 8. The plans will be revised to provide signage at Stop locations approaching 5 th Ave North and Goodlette-Frank Road North to caution drivers for pedestrian traffic at the crosswalks, prior to the issuance of a Building Permit. 9. The Petitioner will ensure that the Fuel Supply Lines that are below the DFE are designed as per ASCE 24-05, Chapter 7.4 and include an automatic shut off valve on the plans submitted for a Building Permit. PUBLIC NOTIFICATION: On March 29, 2016 a total of 52 letters were mailed to all property owners located within 500 feet of the subject property. As of the date of this report, staff has received no written responses to the mailing. Staff did receive a telephone call from Willie Anthony, resident of the adjacent residential neighborhood. Mr. Anthony expressed his objection to this proposed development and his concerns about the 24 hour operation of the service station, the inclusion of 12 gasoline pumps on the site, and the threat to pedestrian safety. Mr. Anthony

Page 15 questions the feasibility of trucks entering/exiting and maneuvering within the site and the potential consequences of having a busy gasoline service station at the entrance to a neighborhood that has only one way in and out. Mr. Anthony stated that he does not believe that this is the proper location for the proposed gasoline service station. Respectfully submitted, Erica J. Martin, MPA, AICP Senior Planner

Site Photographs Page 16 Site viewed from Goodlette-Frank Road Structure viewed from Goodlette-Frank Road

Page 17 Intersection of Goodlette-Frank Road and 5 th Avenue North Aerial from 2011 depicting previous gasoline service station canopy