Resolution 2021-116 RESOLUTION NO. 21- 116
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, GRANTING A WAIVER FROM THE MINIMUM
REQUIRED SEPARATION OF 500 FEET BETWEEN FACILITIES WITH
FUEL PUMPS PURSUANT TO SECTION 5.05.05.B OF THE LAND
DEVELOPMENT CODE, FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF MAIN STREET (SR 29) AND NORTH 9TH
STREET, IMMOKALEE, ALSO KNOWN AS LOT 1, 7-ELEVEN #1045471
SUBDIVISION, IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA. (PL20190001744)
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of waivers pursuant to Land
Development Code section 5.05.05.B; and
WHEREAS, Creighton Companies, LLC desires to establish a 7-Eleven facility with fuel
pumps on the property described herein that would be located within 500 feet of an existing
facility with fuel pumps; and
WHEREAS, Creighton Companies, LLC seeks a waiver to allow a separation distance of
80 feet between the proposed 7-Eleven facility with fuel pumps and the existing Handy
Convenience Store facility with fuel pumps; and
WHEREAS, this petition is a companion item to the proposed Immokalee 7-Eleven
CPUD (PL20200000756) being heard by the Board of County Commissioners pursuant to Land
Development Code section 10.02.13.B; and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code, and the Board having considered the advisability of granting the instant
waiver and all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA,that:
Petition PL20190001744, filed by Fred Drovdlic, AICP of Waldrop Engineering, on
behalf of Creighton Companies, LLC, with respect to the property located at the northwest
corner of Main Street (SR 29) and North 9th Street, Immokalee, Florida, and further described in
[20-CPS-01975/1629577/2]5/5/2021 Page 1 of 2
7-Eleven#1045471/PL20190001744
Exhibit A, attached hereto and incorporated herein by reference, is hereby approved for a waiver
from the 500 foot minimum separation requirement between facilities with fuel pumps pursuant
to LDC Section 5.05.05.B.2, with a resulting minimum separation distance of 80 feet from the
nearest facility with fuel pumps, as depicted in Exhibit B, attached hereto and incorporated
herein by reference.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
PL20190001744 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this 80 day of
ilJNE , 2021.
ATTEST:,1• MIP5 �, BOARD OF ZONING APPEALS
CRYSp*t K..MN .,, Clerk COLLIE CO TY, FLORIDA
- 4
By. By.
Penny Taylor, airman
Attest as to Cairrt]an's e uty 1
signature crl`v.
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney V
2\
Attachments: 151
Exhibit A—Legal Description
Exhibit B —Distance Separation Exhibit
[20-CPS-01975/1629577/2]5/5/2021 Page 2 of 2
7-Eleven#1045471/PL20190001744
EXHIBIT A
:.. ....- 30.0' II
N 89'31'23" E 417.08' f_�
p cn
CD
W
LEI
W. R/W LINE,
N. 9TH STREET
M
3.04± ACRES `'
0
� O
� O
N
E. LINE, N.W. 1/4,
SECTION 4-47-29
P.O.B.
N. R/W LINE, N. R/W LINE, STATE ROAD 29/ —\
STATE ROAD 29 W. R/W LINE, N. 9TH STREET S 89'32'34" W
1' 30.00'
(
S 89'32'34" W 417.02'
o N 00'38'56" W�� P.O.C.
50.00' ,� S.E. CORNER, N.W. 1/4,
— — — SECTION 4-47-29
/ S. LINE, N.W. 1/4, SECTION 4-47-29
STATE ROAD 29 (100' R/W) A.K.A. W. MAIN STREET (100' R/W)
DESCRIPTION:
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 4,
TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4, RUN
N 00'38'56" W, A DISTANCE OF 50.00 FEET ALONG THE EAST LINE OF SAID
NORTHWEST 1/4; THENCE S 89'32'34" W, A DISTANCE OF 30.00 FEET TO
ABBREVIATIONS THE POINT OF BEGINNING, SAID POINT BEING THE INTERSECTION OF THE
D. &P.U.E. = DRAINAGE & NORTH RIGHT OF WAY LINE OF STATE ROAD 29 AND THE WEST RIGHT OF
PUBLIC UTILITY EASEMENT WAY LINE OF NORTH 9TH STREET; THENCE S 89'32'34" W, A DISTANCE OF
= MEASURED
R = RECORDED 417.02 FEET ALONG SAID NORTH RIGHT OF WAY LINE; THENCE N 00'39'37"
R&M = RECORDED&MEASURED W, A DISTANCE OF 317.63 FEET; THENCE N 89'31'23" E, A DISTANCE OF
R/W= RIGHT OF WAY 417.08 FEET TO THE WEST RIGHT OF WAY LINE OF SAID NORTH 9TH
vies = WATER METER
C/S = CONCRETE SLAB STREET; THENCE S 00'38'56" E, ALONG SAID RIGHT OF WAY LINE, A
C/W= CONCRETE WALK DISTANCE OF 317.77 FEET TO THE POINT OF BEGINNING. CONTAINING A
EM = ELECTRIC METER COMPUTED AREA OF 3.04 ACRES MORE OR LESS.
I.R. = IRON ROD
FD = FOUND
C OR CL = CENTERLINE
CM = CONCRETE MONUMENT
I.D. = IDENTIFICATION
FIP = FOUND IRON PIPE
TEL = TELEPHONE
UGE = UNDERGROUND ELECTRIC
O.R.B. = OFFICIAL RECORDS BOOK
P.O.C. = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
P.I.D. = PARCEL IDENTIFICATION
I HEREBY CERTIFY THAT THIS SKETCH OF A DESCRIPTION WAS
MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE STANDARDS
OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050-.052,
FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027,
FLORIDA STATUTES.
FOR: H.L. BENNETT & ASSOCIATES, INC. LB #7632
HL. BENNETT, FLORIDA REG. NO. 3403 DATE "NOT A SURVEY"
HAL L. BENNETT FLORIDA REG. NO. 6546
HTD H. L. N & ASSOCIATES, INC.
Ll) 241 YEOMANSBEN ETT AVENUE - P.O. DRAWER 2137
LABELLE, FLORIDA 33975 PH (863) 675-8882
REVISIONS SKETCH OF DESCRIPTION
DWN BY: LM DATE:02/07/20 CHKD BY: DWG. ID: 19546LOT1DESC OF A PARCEL IN
CLIENT: CREIGHTON COMMERCIAL DEVELOPMENT SHEET: 1 OF 1
`ROJECT NUMBER: 19546 SECTION 4, TOWNSHIP 47 S, RANGE 29 E. COLLIER COUNTY, FLORIDA
p.,,OH,r+IEvN AWN yr 11.0..00,5471,41,E4n4:ADO PILFlsmoN CAW VERNON FlI0.]4/0.4 E'x„Ibt it 1+110 MMVI HRANI nttali+n
1
a
I,p v 0 Z v �v�' z z
0c m -I v
_ m
a E m JO0 0� z o 0
x c zD z
mrDwm cnrnO r V. �Z m l m o 2 r
-10z-IX c-im CO D iv m0 m m
m D m Z 2 p 2 D m mCO -u A C D 0
m-iOm12in0_, Om 0 C� m _ am wo z r rn 111
�Zz-oczix 0 2--1i< W i~ §g m o m
co la < mZ CO N y� D =
,mOZD-100 S Q,0 c O N m o v 1
� m
0<y3zcnxiM 0 §oZ m <µ r
Z�,Drn0-Ir Z �A1
1 mZ,qi 20 cn Z X .TD1 D m
Om0)1--Im�m0 > -I /
r2m 3m Z 70 m 0 C
mODm0100 m m - - -N — N
CO I— 2�0 m
Cr-m rZ ` <A �ti rn Z
r=O Z 70 A 70 m A r.____ _ .___ ___-- �m wz 0
O-ID-Isf7 gm•I.Oi S I -Zic o'Gzi a l !
OmD-I CmZN / O I ' I - - - - m oN A
2 y CO m mO 0 co is,W / 0 V
co
-r0��mz -cn
- m T
III
mOmz-�T,,0T I —I \ ( Oc �`/^1
�m A2<7371f0n -.__ Z D� -D-I03 If, fjmT1 m A VJ
D Oms0 I cnx _ 0z Fri-w 1 Om F I W 5 B 0
Z> 73 a z z -ix � p7 -<� z� I , I co 5
cn O
m m c�m { I II m 70
w ra - m I�N\ n DELIVERY/LOAD.ZONE I,.. 1. µ -0 D o m
m-1„
z mo -0>o' m �73 0 ` DD ®I I l� I co O -r0 cD02 r
v 7, fCaT.T(nz m0 cn ` 2� II: mmm .�
_ �� n
mCA m D,z ami cn E III x omZ
< �� you I 03c -n aoW I lily o�� (j1
p cn DtzJ
p �m DZOz �mE �(mnnp Op c)ImIIm
I •m D- cn -n
N �N �m� — m �0 -i l -I H
m > co cc-4 >m m z 0 O 1 `i
c Dy co 1 b I m0 n OO m 00 I D H
To Z< o,z z0 z Acfr T-, 1 1 , H
a o0 00� �A O ��. ,Cr Zpo l III'l I
-I0 D_Am I ■ 0 I I'73 r I NA H
r fmT1 �z I d1► N �z Nz
z z
m D D 0 I r 11 I c "G�
H
m O '' I II IICI I r\yr�Uk
m �0 O 0 .�._..•-.-.---_--_ -- - 1-__- •
cn 0 0 CD
u' q�cmry N.9THSTREET T D�
0 Co D Z �n m�� (COL IERCOUNTTY a r 0-_
Z 0 OWNED&MAINTAINED)
30ln �'' 0 I
>
Ras r om2, D
;_ [['' asniNaaano m `m m cn
A c CO CO v CO v D » N Z Z rn ZO
O A C '� D C m Z ONINOZ -I m 0 O m
O m T -n O m r < 0 {
Fri m m c v_
0 0 0m A A m Z 0 C ---
0 0 per, D O 0 C' fTl Q 1
0 0 Z D O D m to , -a m m l
Z rm RI O O 0 n
/0 r2(n 0 L7 7'7. m C „ v C D Z Z 7
m-m D O z t07 D m ^� A m CD D o C
EEE F-i m m D m ; 5 c D I t
I I•TI
--- --I z Z) C, X
Z I N - m m m
1 C 41 m co Ic, c� r m 0 o CO S
ir m��m~ w 0 0 o m o ra z m m D 2 12 m CO '-'(
o 'i�.__a� •`a'i N `� g ro w D�7 S -0 n m A -o m m (Tl
P - 0 N 9TH STR > > D D D a D _{ c m o A n 'O
,- n n PPPPP 0..3W• ZA
mOr o o 2
r g
ism mz o ° g w m n n rc- Z
Qf Co) o m m 0
8 I--I g a e o ,�'i w n n n n D to Z <
.p'. f0Y 0 e & 8 8 0
a o
r