Resolution 2025-216 RESOLUTION NO. 2025 - 21 6
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 DEVELOPMENT OF A
COSTCO WHOLESALE, WITH A RESULTING SEPARATION
DISTANCE OF 132 FEET FROM THE PROPERTY LINE OF THE
EXISTING 7-ELEVEN. THE SUBJECT PROPERTY IS LOCATED IN
THE COMMERCIAL TRACT OF THE HACIENDA LAKES MIXED-
USE PLANNED UNIT DEVELOPMENT (MPUD) LOCATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER
BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ±
2,262 ACRE MPUD (PL20240011790)
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, Costco Wholesale Corporation desires to establish an automobile service
station on the property described herein that would be located within 500 feet of an existing
automobile service station; and
WHEREAS, Costco Wholesale Corporation seeks a waiver to allow a separation
distance of 132 feet between two facilities with fuel pumps; 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 PL20240011790, filed by Brad C. Wester, of Driver McAfee Hawthorne &
Diebenow, PLLC on behalf of the Petitioner, Costco Wholesale Corporation, with respect to the
[24-CPS-02558/1979084/1]50
ASW-PL20240011790/Costco
10-14-2025
Page 1 of 2
subject property located on the southeast corner of Collier Boulevard and Rattlesnake Hammock
Road side and further described in 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 132 feet from the nearest automobile service station, as
depicted in Exhibit B, subject to the following condition:
1. Any additional fuel pumps above the initial 12 fuel pumps (24 fueling positions), must
come back to the Board of County Commissioners for approval.
BE IT FURTHER RESOLVED that this Resolution relating to Petition PL20240011790
be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this I day of
c-fri , 2025.
ATTEST: BOARD OF ZONING APPEALS
CR�AMI(. KINZEL, Clerk COLLIER COUNTY, FLORIDA
•$ye By:
'` : , 4 � au Cyst as to Chairman's urt L. Saunders, Chairman
<m signature only
�r f,��t `{oti.
•gil %
Approved as to form and legality:
eidi F. Ashton-Cicko
Managing Assistant County Attorney
EXHIBIT A—Legal Description
EXHIBIT B — Separation Exhibit
[24-CPS-02558/1979084/1]50
ASW-PL20240011790/Costco
10-14-2025
Page 2 of 2
EXHIBIT A
LEGAL DESCRIPTION
TRACT G, HACIENDA LAKES OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 55, PAGES 10 THROUGH 21, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
LESS AND EXCEPT ANY PORTION THEREOF, CONVEYED TO MHP FL VII, LLLP,A FLORIDA LIMITED
LIABILITY LIMITED PARTNERSHIP BY VIRTUE OF THAT CERTAIN SPECIAL WARRANTY DEED,
RECORDED IN BOOK 6170, PAGE 301 OF OFFICIAL RECORDS, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PARCEL 2:
EASEMENTS AND OTHER INTERESTS IN REAL PROPERTY AS SET FORTH IN THAT CERTAIN JOINT
ACCESS EASEMENT AGREEMENT BETWEEN VISION & FAITH, INC., A FLORIDA CORPORATION
AND COLLIER HMA, INC.,A FLORIDA CORPORATION RECORDED IN BOOK 3241, PAGE 3464 OF
OFFICIAL RECORDS;AS AFFECTED BY AMENDMENT TO JOINT ACCESS EASEMENT AGREEMENT
RECORDED IN BOOK 4045, PAGE 2151 OF OFFICIAL RECORDS.
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