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Agenda 05/13/2008 Item #17A Agenda Item No. 17 A May 13, 2008 Page 1 of 43 EXECUTIVE SUMMARY V A-2007-AR-12668, B&B Cash Grocery Stores, Inc., represented by Charlie Martin, requesting a Variance of 17 feet to replace an automobile service station canopy that was destroyed by Hurricane Wilma; and a Variance of seven feet to relocate two fuel pump dispensers. The 0.81-acre subject property is zoned Village Residential (VR) and General Commercial (C-4)/Main Street Overlay Subdistrict (MSOSD) and is located at 401 1st Street South, South Immokalee Heights Unit, Section 4, Township 47 South, Range 29 East, Collier County, Florida OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced Variance petition and render a decision pursuant to Section 9.04.04 of the Land Development Code (LDC) in order to ensure that the project is in harmony with all applicable codes and regulations and that the community's interests are maintained. CONSIDERATIONS: The petitioner proposes two Variances from Subsection 5.05.05.B. of the Collier County Land Development Code (LDC), Automobile Service Stations, to pernlit the rebuilding of a gas dispenser island canopy that was destroyed by Hurricane Wilma (and subsequently dismantled) and the relocation of the station's two fuel pump dispensers (which are being replaced to meet the state Department of Environmental Protection's mandated environmental requirements for 2009) with 26-foot and 43-foot front yard setbacks, respectively, instead of the required 50- foot setback. The subject property is comprised of six lots of equal size (as shown on the site plan attached to the resolution). The three eastern parcels are zoned Village Residential (VR) and the three western parcels are zoned General Commercial (C-4) and Main Street Overlay Subdistrict (MSOSD). The entire site also falls within the Well field Risk Management Special Treatment Overlay Zone (ST/W-4). The building on the site, which according to the Property Appraiser's records has existed since 1972, straddles the boundary between the two zoning districts. The portion for which the new pumps and canopy are proposed is the C-4 zoned half 0 f the site. The site plan, dated January 29,2008, illustrates the location of the existing convenience store and the proposed gasoline pump islands and canopy. As shown on the plan, the property is bordered by three roadways: lmmokalee Road (aka CR 846 or First Street South) to the east, Delaware Avenue to the north, and Second Street South to the west. Because of its location along three roadways, the LDC considers the site to have three front yards. LDC Section 5.05.05, Table B, requires front yard setbacks for service stations to be a minimum of 50 feet. As illustrated by the plan, the front yard abutting lmmokalee Road would be the only yard unable to meet the required setbacks as the proposed canopy's support columns and the dispenser pumps would be clearly beyond Agenda Item No. 17 A May 13, 2008 Page 2 of 43 the required setback of the site's Second Street South and Delaware Avenue frontages; and far exceed the 40-foot setback requirement for side yards relative to the adjoining residential property to the south. As such, the applicant is requesting front yard setback Variances of 17 feet for the overhead canopy and seven feet for the gas dispenser islands. As part of the proposed changes. the applicant would also remove and replace the existing underground storage tanks and associated piping as mandated by the Florida Department of Environmental Protection to meet 2009 safety standards. Additionally, the applicant would like to: decrease the site's overall impervious surface area by removing approximately ten percent of the existing asphalt; install irrigation and landscape buffers; and construct a new dumpster enclosure, an ADA-compliant access ramp, and a 6- foot concrete wall on the site's southern boundary (to conceal the building's existing refrigeration equipment from the existing single family homes adjacent to it). Staff's search of properties in the vicinity has revealed that two similar Variances have been approved by the Board of Zoning Appeals (BZA) in the immediate neighborhood. Both of these Variances were on VR-zoned parcels just north of Delaware Avenue along Third Street South. One of them pennitted a 20-foot front yard setback Variance for a church (Resolution No. 05-135); and the other permitted a 14-foot front yard Variance for a single-family home (Resolution No. 93-528). FISCAL IMPACT: Approval of this Variance petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IGMP) IMPACT: Approval of this Variance would not affect or change the requirements of the GMP. AFFORDABLE HOUSING IMPACT: Approval of this Variance would have no affordable housing impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Variance. ENVIRONMENTAL ADVISORY COUNCIL IEAC) RECOMMENDATION: The EAC did not review this petition as they do not normally hear Variance petitions. COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard pctition VA-2007-AR-12668 on April 3. 2008, and believing that approving the Variance would not be injurious to the neighborhood or detrimental to the public welfare, voted unanimously (8-0) to forward this petition to the BZA with a recommendation of approval, subject to the following conditions: A.genda Item ["0. 17/\ May 13, 2003 Page 3 of 43 1. A 7.0- foot Variance shall be permitted for the two gas pump islands, limited to the front yard encroachment along the property's First Street South (CR 846) frontage, as depicted in the applicant's master plan, included as Exhibit A; 2. A l7.0-foot Variance shall be permitted for the gas pump canopy, limited to the front yard encroachment along the property's First Street South (CR 846) frontage, as depicted in the applicant's master plan, included as Exhibit A. 3. The applicant shall sign a hold harmless agreement with the Transportation Division's Right-of-Way Acquisition Department within 90 days of approval for all new structures related to the Variance application that would be impacted by future capacity improvements adjacent to the site. (N.B. The gas canopy setback above is deliberately different than the one in the Staff Report, as at the hearing the CCPC requested that it be increased to ensure that adequate room to rebuild the structure was provided.) Because this decision was unanimous, and no letters of objection have been received from the community, this item is being placed on the summary agenda. LEGAL CONSIDERATIONS; The petitioner is requesting a Variance fi'om the setback requirement with respect to gas station canopy and two dispenser islands. The granting of such Variances is permitted under LDC Section 9.04.02. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. Decisions regarding Variances are quasi-judicial, and all testimony given must be under oath. Petitioners have the burdcn to prove that the proposed Variance is consistent with all the criteria set forth below, and you may question the petitioners or staff to assure yourself that the necessary criteria have been satisfied. Should you consider denying the Variance, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Approval of this request requires three affirmative votes of the Board. In granting any Variance, the BZA may prescribe appropriate conditions and safeguards in confonnity with the zoning code, including, but not limited to, reasonable time limits within which action for which the Variance is required shall be begun or completed. or both. Violation of such conditions and safeguards, when made a part of the tenns under which the Variance is granted, would be deemed a violation of the zoning code. Criteria for Varianees 1. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. Agenda Item No. 17 A May 13, 2003 Page 4 of 43 2. There are special conditions and circumstances which do not result from the action of the applicant, such as prc-existing conditions relative to the property which is the subject of the Variance request. 3. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. The Variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. 5. Granting the Variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Granting the Variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. 8. Granting the Variance will be consistent with the GMP. The proposed Resolution was prepared by the County Attorney's Office and is sufficient for Board action. -JAK RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve Petition V A-2007-AR- 12668, subject to the CCPC conditions of approval that have been incorporated into the attached resolution. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning and Land Development Review Item Number: Item Summary: Meeting Date: Page I of 2 Agenda Item No. 17 A May 13, 2008 Page 5 of 43 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2007-AR-12668 B&B Cash Grocery Stores, Inc., represented by Charlie Martin, requesting a Variance of 17 feet to replace an automobile service station canopy that was destroyed by Hurricane Wilma; and a Variance of seven feet to relocate two fuel pump dispensers. The subject property is located at 401 1 st Street South, South Immokalee Heights Unit. Section 4, Township 47 South, Range 29 East, Collier County. Florida. 5/13/200890000 AM Prepared By John-David Moss Community Development & Environmental Services Senior Planner Date Zoning & Land Development 4/14/200810:15:06 AM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 4/16/20088:48 AM Approved By Judy Puig Community Development & Environmental Services Operations Anal}'st Date Community Development & Environmental Services Admin. 4/17/200812:58 PM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 4!25/2008 1 :21 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 4/28/200811 :24 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/28/20087:58 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 4/29/20083:09 PM Approved By file://C:IAgendaTestIExportll 07-Mav%20 13.%2020081] 7.%20SUMMARY%20AGENDAI I... 5/7/2008 Page 20f2 Agenda item No. 17A May 13, 2008 Page 6 of 43 Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/29/2008 5:15 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/5/20084:05 PM tile://C:IA(!endaTestIExportl! 07-Mav%20 13.%2020081 17.%20SUMMARY%20AGENDAl1... 5/7/2008 Ag!El!jID.It9fW'l5M 9~ May 13, 2008 Page 7 of 43 Co~r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEAIUNG DATE: APRIL 3, 2008 SUBJECT: PETITION V A-2007-AR-12668, HANDY FOOD STORE PROPERTY OWNER/AGENT: Mr. Charlie Martin B & B Cash Grocery Store PO Box 1808 Tampa, FL 33601 REOUESTED ACTION: To have the Collier County Plamling Commission (CCPC) consider two proposed seven-foot Variances from Subsection 5.05.05.B. of the Collier County Land Development Code (LDC), Automobile Service Stations, to permit the rebuilding of a gas dispenser island canopy that was destroyed by Hurricane Wilma (and subsequently dismantled) and the relocation of the station's two fuel pump dispensers, which are being replaced to meet the state Department of EnvirolUnental Protection's mandated enviroml1ental requircments for 2009, to provide 43-foot front yard setbacks instead of the required 50-foot setback. GEOGRAPHIC LOCATION: The :l:0.81-acre subject property is located at 401 First Street South in Immokalee, Section 4, Township 47 South, Range 29 East, Collier County, Florida (see location map on the following page) . PURPOSE/DESCRIPTION OF REQlJEST: The subject property is comprised of six lots of equal size, as shown on the location map below. The three eastern parcels are zoned Village Residential (VR), and the three western parcels are zoned General Commercial (C-4) and Main Street Overlay Subdistrict (MSOSD). The entire site VA-2007-^R~12668, Handy Food Store April 3, 2008 Page 1 of8 3N'--5s0l/ ~ - .... -\ 11r.;-,1'lI II J..lL..l.il;u- .i .-, I 33",a"WI '''''', -h " "a, I I .j: ". 1 ll4 -'.1" ~_ I J < I . 1~1~' J] p', -L_ ~ 1 L -L~;IEI' '''"': '" ; . , r I =:'=J ' "" I 0 ifTL I 'ffi~ . r J! '" ~'Cj,' \ CC;b- PL '''~'', we;' i, !. 1= 'C I~' .11tffi"1 J>h,;r- JJ L~ '''''''''''00'1=~. < J >~ V J C~r- ~~_ ~ ;, e /, L " ,l, r ,__ -l~---" < -11 '1- I ..- ~I 'S mU!S7L"!!... 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Ii Iii ,,:i ~i Iii 'Il ! I I i~ I 'II; 5 if !!~ !il~l" I! 1'1 lin Iii llllll !Il! II! lii!I:1 Ii ! III ! Ii i I I 'I i, \ \ ~~ "i! t~ .,0 i~ . " , e , ~p \ ~ ~ m~ m~ I: ~ ! " " ;1 r: ~ ," I -;:. , ~---- .--~- II , , ~. ~~ "'~~ <~. b " ~ 8 'w ~~ 2 '1 I ! I i~! I'! Iii I !111111!~III.llt ll~h!lli~!!I!!ilM.I!II!, "'~ ,.,~' ". ',"'" " ....,1...".. ',"'~, . ~~-'m:~~.8~;U~~.~u'-:!U~~~~Il1i~~Bhc:umfu! ~~ Agenda Item No. 17 A May n 2008 Page 11 of 43 also falls within the Well field Risk Management Special Treatment Overlay Zone (ST/W.4). The building on the site, which according to the Property Appraiser's records has existed since 1972, straddles the boundary between the two zoning districts. The portion for which the new pumps and canopy are proposed is the half of the site zoned C.4. The site plan on the preceding page, entitled "Handy Food Store No. 92 Petroleum System Upgrade, UST Installation Plan," prepared by Florida Geotechnical Engineering, Inc. and dated January 29, 2008, illustrates the location of the existing convenience store and the proposed gasoline pump islands and canopy. As shown on the plan, the property is bordered by three roadways: Immokalee Road (aka CR 846 or First Street South) to the east, Delaware Avenue to the north, and Second Street South to the west. Because of its location along three roadways, the LDC considers the site to have three front yards. LDC Section 5.05,05, Table B requires front yard setbacks for service stations to be a minimum of 50 feet. As illustrated by the plan, the front yard abutting Immokalce Road would be the only yard unable to meet the required setbacks as the proposed canopy's support columns and the dispenser pumps would clearly be beyond the required setback of the site's Second Street South and Delaware Avenue fi'ontages; and far exceed the 40-foot setback requirement for side yards relative to the adjoining residential property to the south. As such, the applicant is requesting front yard setback Variances of seven feet for both the overhead canopy (as measured from the support columns, not the edge of the overhang) and gas dispenser islands. As part of the proposed changes, the applicant would also remove and replace the existing underground storage tanks and associated piping as mandated by the Florida Department of Environmental Protection to meet 2009 safety standards. Additionally, the applicant would like to: decrease the site's overall impervious surface area by removing approximately ten percent of the existing asphalt; install irrigation and landscape buffers; and construct a new dumpster enclosure, an ADA-compliant access ramp, and a 6-foot concrete wall on the site's southern boundary (to conceal the building's cxisting rcfrigcration equipment from the existing single family homes adjacent to it). Staff's search of properties in the vicinity has revealed that two similar Variances have been approved by the Board of Zoning Appeals (BZA) in the immediate neighborhood. Both of these Variances were on VR-zoncd parcels just north of Delaware Avenue along Third Street South. One of them permitted a 20-foot front yard setback Variance for a church (Resolution No. OS. 135); and the other permitted a l4-foot front yard Variancc for a single.family home (Resolution No. 93-528). SURROUNDING LAND USE & ZONING: East: South: West: Delaware Avenue right.of.way, then a commercial use zoned VR and vacant land zoned C-4. Immokalee Road right-of-way, then commercial uses and vacant land; zoned CA. Single-family homes; zoned VR and C-4, respectively. Second Street South right-of-way, then church and a single-family home; zoned YR. North: AERIAL MAP VA-2007.AR.12668, Handy Food Slore April 3, 2008 Page 2 018 Agenda Item No. 17/" May 13, 2008 Page 12 of 43 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Commerce Center Mixed Use District, as identified on the Immokalee Area Master Plan (lAMP) of the GMP. The purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated Area and surrounding agricultural areas, and encourages commercial uses consistent with the Commercial Professional and General Office (C-l) through General Commercial (C-4) Zoning Districts. The propelty is also within the MSOSD boundaries, which encourages development and redevelopment that enhances and beautifies the downtown Inmlokalee Main Street area through flexible design and development standards. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use, As previously noted, the subject Variances are sought to allow a seven-foot reduction of the 50-foot front yard setback requirement for an automobile service station canopy and gasoline pump islands. As thc commercial use on the subject site is consistent with the C-4 Zoning District, it is an authorized use in the Commerce Center Mixed Use District and, therefore, deemed consistent with the lAMP. ANALYSIS: Section 9.04.01 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The CCPC is advisory to the BZA and utilizes the provisions of Subsection 9,04.03 A. through H., in bold font below, as general guidelines to assist in making a recommendation of approval or dcnial. Staff has analyzed this pctition relative to these provisions, and offcrs the following responses: VA-2G07-AR-1266R,1-landy fuod Store ^pril 3, 2008 Page 3 of 8 Aaenda Item No. 17 A ~ May 13. 2008 Page 13 of 43 a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structurc or building involvcd? Yes. As previously noted, the subject site has dual zoning, Because only the eastem half is presently eligible for commercial uses, the applicant is restricted to this portion of the site to relocate the pumps and their associated canopy. This constraint is further complicated by the fact that the site has three roadways frontages instead of one (or even just two), which triggers the more stringent 50-foot setbacks on three sides of the property instead of the more typical 40-foot setback requirement for gasoline servicc station side yards per LDC Section 5.05.05. In fact, if the propelty's only front yard were Delaware Avenue, which is the street both the building and its cntrance are oriented towards (and, therefore, its effective "front"), Variallces for the dispenser pump islands and canopy would not even be needed, Neveltheless, the locations the applicant has chosen for the ncw pumps and canopy are a full 19 feet further from the propelty's existing setbacks along the site's lmmokalee Road frontage. As such, if these Variances were approved, it would be a considerable improvement in terms of augmenting the existing (or previous, in the case of the dismantled canopy) setbacks, b. Are there special conditions and circumstances, which do not result from the action of the applicant such as prc-existing conditions relative to the property, which is the subject of the Variance request? Yes. As mentioned, the Propelty Appraiser's office confirmed the service station's construction in 1972, at which time the zoning regulations only required ten-foot front yard setbacks for accessory structures in the C-4 Zoning District. Furthe1111Ore, half the propelty was rezoned by the County from the C-4 Zoning District to the VR Zoning District in 1991 (Ordinance No, 91-72, Attachmcnt 1), a full 19 years after the station's construction, in an attempt to bring celtain properties in the Immokalee area into better conformance with the redrawn district boundaries of the amended lAMP. As a result of this process, a portion of the service station became a legally non-conforming use, thereby restricting it to the provisions of LDC Section 9.03.02, Requirements for Continuation of NoncO/?formities, and precluding it from making any site alterations to its VR-zoncd side. c. Will a literal interpretation of thc provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? No. If the Variances were denied, the applicant would still be able to replace the pumps and canopy in their existing locations. (N.B. Although LDC Subsection 9.03,03.B,2 states thc following, this language does not apply to service stations: "[if] any nonconforming structure or nonconforming pOltion of a structure [is] destroyed by any means to an extent of morc than fifty (50) percent of its actual rcplacement cost at time of construction... it shall not be reconstructed except in conformity with the provisions of the LDC," This exemption for service stations is due to the fact that, at thc time of the rewriting of the new [current] version, the LOe was supposed to take into account the fact that long-existing scrvicc stations would most Iikcly never be able to meet the more restrictive gas station standards being proposed and, thereforc, provided language to cxcmpt them, However, it should be noted that the setbacks proposed with the subject petition are a vast VA-2007-AR.12668, Handy rood Store April 3. 2008 Page 4 of 8 Agenda Item No. 17 A May 13, 2008 Page 14 of 43 improvement over the existing/fonner ones, as the new pumps and canopy would be set back 19 feet (44 percent) further from lmmokalee Road than the current ones, where they could be rebuilt. d. Will the VaI'lances, if granted, be the minimum Variances that will make possiblc the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The Variances requested would be the minimum to make possible the reasonable use of the gas pumps and their associated canopy. Since the applicant's moving the aceessory structures is limited to the C-4 pOltion of the site, l"elocating them somewhere along the site's lmmokalee Road frontage is the only viable option; and working within these narrow space constraints, the structures have been positioned on the site and oriented in a way that requires the fewest number of needed Variances from the BZA while still providing for the safe and efficient tl"avcl of customer vehicles. As previously noted, the proposed design would actually enhance the standards of health, safety and welfare by ameliorating the deficient setbacks currently on the site. However, if the Variances were not approved, the petitioner would still have reasonable use of the land. e. Will granting the Variances confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. However, as noted on page two of this report, two similar Variances have been gl"anted in the vicinity, f. Will granting the Variances be in harmony with the gcnc.-al intent and purpose of this Land Development Code, and not be injurious to the neighborhood, 01' otherwise detrimental to the public welfare? Yes. The proposed Variances would allow the applicant to improve the cun-ent setbacks for two accessory uses on the subject property while performing state-mandated safety upgrades to the site's gasoline pumps. In addition to these improvements, the applicant is proposing to: decrease the overall impervions surface area by ten percent by removing U1mccessary asphalt; install new landscape buffers and an irrigation system per LDC standards; enelosc the site's dumpster; provide an ADA-compliant access ramp to the building; and erect a 6-foot concrete wall 011 the site's southern boundary to conceal the building's existing refrigeration equipment Ii-mn the adjacent single-family homes. Thcsc improvements are all eonsistcnt with the MSOSD of the LOC, which encourages development and redevelopment that enhances and beautilles the downtown lmmokalee Main Street area through flexible design and development standards. As previously noted, the property is also located within the ST/W-4 Zone, which area is to be protected from the discharge or accidcntal release of certain contaminants or hazardous products. As such, the applicant will be required to comply with the provisions of LDC Section 3.06.00, Groundwater Protection. LDC Subsection 3.06,12.1.2 specifically requires that all nonresidential development involving the generation or storage of hazardous waste at or above the 250 gallon threshold for liquids comply with the following: v A-2007-AR.1266R, Handy Food Store April),2008 Page 5 of 8 ,Agenda Item No. 17 A May 13, 2008 Page 150143 a. No hazardous waste shall be dischargcd or rcleascd to any storm water treatmcnt system. b. No hazardous waste shall be discharged or released to anyon-site sewage disposal system not permitted for industrial or manufacturing use. c. No hazardous waste shall be discharged or released to any wastewater treatment system not permitted for industrial waste. d, No hazardous waste shall be discharged or released to the surface of the land or into any water constituting or connecting to waters of the state as defined in Chapter 403, Florida Statutes. e. All hazardous waste shall be retained on-site until disposed of in accordance with applicable law. f. All hazardous waste shall be stored in rainproof and leak proof containers. g. Discharges or accidental release of hazardous waste exceeding fifty (50) gallons shall be reported to the County within forty-eight (48) hours of discovery, The report shall indicate the date, time, waste discharged or released, control measures used, quantity of waste discharged or released, and disposition of recovered waste, g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the I'egullltion such liS nllturlll preserves, IlIkes, golf courses, etc.? Yes, the subject site is separated from the adjacent uses on three of its sides by roadways. Across Delaware Avenue to the nOlth is another commercial usc on a similarly VR-zoned lot and a vacant C-4-zoned parcel. To the west, across Second Street South, are a church and a single-family home that are both zoned YR. To mitigate the impacts of the service station on these uses, the applicant is proposing a Type D buffer along all of the site's roadway frontages (see "Landscape Plan," Attachment 2). To the south, the propelties immediately abutting the site are developed with single-family homes, one zoned C-4 and the other zoned YR. The applicant proposes to construct an approximately 6S-foot long, six-foot high masonry wall to join an existing six-foot high wall on the VR-zoned property and an existing I.S-foot high wall on the C-4-zoned property to obscure the building's existing refrigeration equipment from view of tbe homes. A ten-foot wide minimum Type B buffer, as shown on the Landscape Plan, would be provided adjacent to these walls to diminish the visual impacts of the service station. h. Will granting the Variances be consistent with the Growth Managemcnt Plan (GMP)'! Approval of this Variance petition will not affect or change the rcquirements of the Growth Management Plan. As previously noted, a gasoline service station is an authorized use in the Commerce Center Mixed Use District of the lAMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear Variance petitions and did not hear this one. VA-2001-AR.12668, Handy Food Store April],2008 Page 6 of 8 Aaenda Item No. 17 A ~ May 13. 2008 Page '16 of 43 RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CepC) forward Petition V A- 2007-AR-12668 to the Board of Zoning Appeals (BZA) with a recommendation of approval. However, if the CCPC wishes to approve this petition, it is recommended that it be approved subject to the following conditions: 1, The seven-foot Variances granted shall be limited to the front yard encroachment for the proposed canopy support columns and gasoline dispenser islands along the eastern property boundary, as depicted in the applicant's submitted site plan dated January 29, 2008, included as Exhibit A. VA~2007-J\R-12668. HarH.ly food Store April 3, 2008 Page 7 of 8 Agenda Item No. 17 A May 13, 2008 Page 170143 PREPARED BY: 3Ir!J)DS DATE / I 10 DA V D MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: /"l'V~0?l. .(Jhl olo..J.L -~ MARJ EM. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 31 (oq'/O'O DATE 3'/7-0~ DATE RA YM D V. BELLOWS, ZONING MA DEPAR MENT OF ZONING AND LAND DEVELOPMENT REVIEW - ~'-rn,~ AUSAN MURRA Y-ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW -d/Z-i /03 DATE APPROVED BY: Jt;::y"-~~~~ J0SEPH K. SCHMITT, ADMIN;;h-RA TOR , , f!.:OMMUNITY DEVELOPMENT & !ENVIRONMENTAL SERVICES DIVISION / ;1_/ . . fl/t;~ MA P. STRAIN, ,HAIRMAN ~'fk DATE I 4 {,- M3 DATE Tentatively scheduled for the May 13,2008 Board of County COlmnissioners Meeting. - VA-2007-AR-12668, Handy Food Store AIHil 3, 2008 Page S of 8 - - Agenda Item No. 17 A AttachmentMay 13, 2008 Page 180143 ORDINANCE NO. 91'~ I' ~ -f\ - ~ o \1- co AN ORDINANCE AMENDING ORDINANCE 82-2, Tat COMPREHENSIVE ZONING REGULATIONS FOR TH; UNINCORPORATED AREA OF COLLIER COUNTY, FLORI oil BY CllANGING THE ZO~ING CLASSIFICATION OF TJI~ HEREIN'DESCRIBED PROPERTIES FROM THEIR CURRE~T~ COMMERCIAL OR RESIDENTIAL ZONXNG i:: CLASSIFICATION, AS HEREIN-IDENTIFIED DN~ EXHIlUT 1l]l.1I, TO h SPECIFIC ZONING CLASSIFICATION OF EITIlER A-2, RSF-3, RSF-4, RMF-6, RMF-12 , HIlSD OR C-~ FOR THE INDIVIDUAL PARCELS LISTED IlEREIN AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS TO BE APPROPRIATE A~D TO BE CONSISTENT WITK THE GROWTll MANAGEMENT PLAN AND: PREVIOUSLY APPLICABLE ZONING OVERLAY DISTRICTS, AS HEREIN-IDENTIFIED, PURSUANT TO OBJECTIVE. 11.1 AND RELATED POLICIES AND POLICY 11.1.10 OF THE IMl10KALEE AREA MASTER PLAN ELEMENT AND THE IMl10KALEE. AREA MASTER PLAN FUTURE !.AND USE !lAP. OF THE 'GROWTH MANAGEMENT PLAN I AND BY PROVIDING AN EFFECTIVE DATE. ""' \j', .... ,.,. ~ Seotion l(t)' ot the Constitution ot , 'Florida contera on counties broad ordinance-making power when oonsistent with general or special law: and WHEREAS, Chapter 125.01, ~lorida Statutes, confers ~n all count!.. in Florida general powers ot qovernment, 1nclud1nq the ordinanoe-making power and the power to plan and regulate 'the use ot land and water, and WHEREAS, . on Ja,nuary 10, 1989, coll.ler county adopted the Collier county Growth Management Plan as, its comprehBn8~ve plan pursuant to the requirements Chapter 1'63,. Part II, Florida s~~utes,.al&o known as the Local Government Comprehensive Planning and Land Development Regulation Act ot 1985 and Chapte~ 9J-5, Florida Administrative code, also '-.. ' criteria tor Review ot Local Government Dete~ination ot Compliance1 and WHEREAS, on FebruAry 5', 1991, Collier County amended the known as the Minimum .... Comprehensive Plans and Collier County Growth Management Plan and adopted tho Immokalee Area Master Plan Element: an~ WHEREAS, Objective II.l ot the Irnmokalee Area Master Plan Elemen~ requires all ~ew or rovised uses ot land to be .co?sistent with designations outlined on the lrnmokalee Area Fu~u~e Land Usa Map~ and . 045/1(,[278 - Agenda Item No. 17 May 13, 2 _ Page190 - WHEREAS:" POlicy II.l.10 of tho Xmmok~leo Area Master Plan ~le~ent ot'the Collier County Growth Management plan furthermore providaB tor the rezonlnq of inoonsistent, unimproved properties to a zoning distriot consistent with the Immokalee Area MaBter Plan glement and Immok~lea Area Future Land Uso Mapr and WHEREAS; the zoning amendments herein will bring the zoninq di.t~ict at: the herein described properties: into conBia~Bncy ~ . with Objecthii. U. i~lmd related Policies and Po.licy II.l.10 ot the :ImmO)l,:ei~~ Ar;~~'Jo!aster pi~n Elemont (inoludinq the Immokalee Area ~t\1r~"~nd: Us'8"...Mft.P) ot the GroW\:h ~ana9"ement Plan, and WHEREAS, 'the Board of County Commissioners directed ~hat the area identified as unrecorded Trafford Farms Subdivision, Lots 1 through 9, be ~ezoned.to a Zoning' District: th~t retlactd the eXistinq land usa pattern ,and t~at is oonsistont with"the I~ok&l.. Area Master Plan Element and Future Land Us. Hap. 1I0W,_'I'llEREFORE BE IT ORDAINED by the Board ot Count~ commisaionGra ot ColliGr County, Florida: SECTrON ONEt Zoning Amendmonts trom Commnrcial ~nd RRsidential Zoning OiGtriotB to a Zoning OiBtrict(B) consistent with the Immokalee Area Haater Plan Element and Imm9kalee Area Future Land Use Map. The zoning classitication ot tho hBrein ~Bsoribed , ~ropertiBs is changed from tho commercial or residential zoning dis€rict indicatod on Exhibit "A" to a Bp,ecHio zoning olassification ot eithor A-2, RSF-3, RSF-4t RMF-6, RMF-~2, HHSD or c~5.~etermlned by the Board ot County commiB~ion~s to be ."appropriate and to be consistent with the Immokalee Area Master Plan Elemsnt and Immokalee Area Futuro Land Use Map at the Growth Manage~ent Plan, and previously applioablo ~onin9 oVerl~y districts. Ths Ot!ioial Zoning Atlas Map.Mumbers indicated on Exhibit "AliI as described in .ordinance 82-2, are hBr~by"amended aocordingly. SEE EXHIBI,'! "A" .-; a. 045PI\~279 2 - - - SRCTIOR"TWO: Ertactive Date. Thia Ordinanc8 shall become Gftaotive upon receipt ot notioe from the Secretary ot State that this ordinance has been tiled with the Secretary of state. PASSED AND ..DULY ADOPTED by the Board ot County commiss,onars at collier County, Florida. this /.;T1day at '4~';-~ 1991. 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I I :H ~ ..2-~~.~ ~ .~i~~~ ~ ..e8.~I~ ~ ,~!~ f ~ ,.,,..,., ~JIIl e---"'''' ~. g~l~~u: ~~- ~U: ~~lot.o ~~lE~~ -::in::= ::0 ....,; ";::::. ... ~ 3::.. - 0 .. z . ';'" '0 - t . ........... I. o~ ~. t.o. r1 ...~. '.1" ~. Nl " o(...':'~ ....... .. Q.... ............ ... -iii::': .5:. ". .."c ...t.:.: '..tt ~ .....~ I. J~~t-} ~~.t-~ J~--.= ~J~.~l ~;;;;;;n l~~ -.!!i~.I. ".!!i~.I~ _.!!gl!l!~. ".!!i~1 4 - ~ > .~ . ~ > N~ . > ._.. ~. _ ~ ........t',t .. ~ -- /'0'1 - -- - ~-- u.. ....... 8.:5 _ .......Vt"O_ ~... ......... ..... - ........- Is i~~~h i_d !~R=,~ ~!:R=,s ~!!R3~~ ~!~~~:;: I i I ~ ! i 0 i i i .~ ;j '. . 045 pm 285 " - ~nda Item No. May 13, 2 Page 26 0 COLLIER Clark ot Courts in and tor the Florida, do hereby eertify that the foregoing 1. a true copy of: Ord1nanc~ No. 91-12 was e40ptea by the Board ot County Commissioners on of August, la91, during Special Sess1on. WITNESS my harra and the off1cial seal of th. Board of County CommJse1onera ot Collier county, Florida, this l~th doy of August. 1991. ~.\'\, '. :' ~ " JAM!':S C, GILES Clerk at Courts and Cler~ EK-otBc1o to Board' ot '..; County Commissioners ~/M.ur~.n K yon ':" O.puty Clerk '.- /,'") \ (.'J J"! . ,) ~ .le . 045,,,1286 .' ----..-.----'-'---- . <(COM ,-0"" .- ~o~ ~ .N 0 \ .'1"-- _~N F >. W illroO'l 11 ==:?rf. '" r'" -0 ~,,,' am C ~'-I " j!ii Q) , . OJ 1 !il' <( Iii Ilpnl 1'1' ill! Pll'lllp l!ll !.!! III II! !I! I hi t. I" 'Ii I , " , '. ., I " ~ 4t IIW ~ , ! ! ! I H IHI . i 1 ! ! I,ll ' \ . I ! Ii n~i lill , ii" . f, II I ", Hnn l I @) ., " . It ~,~, f' . ~'J] ~ 1'0""''''(''''''''(<''-''') ~ ~:~ ' . 'Ill ~ I! - ,;11 , 1! 1~ f l~ Ill! If II iiii jl I' , i ,II .., . '. . I r' I! ; HI~ r! ~~ . pll " 0 I I'; dl i i I !IIi I'll i I f 1111 j ~tU f I I . ;> I. ;:j: il '" () ~ rrmrm JiANOY STORE #i.l2 (1l IMOKAlEE, FL g IV LANDSCAPE pLAN !~:~ 'gill!' wi IUI""j':!, 11" 11';1' j !i " ~ J I j . u . W , ~ 1,!1 I !l'l!'! l! 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'.~'~'.~w_l"_ RESOLUTlON- 08-_ A RESOLUTION OF THE BOARD OF ZONlNG APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA.2007-AR-12668, FOR TWO 7- FOOT V ARlANCES FROM THE REQUIRED 50.FOOT FRONT YARD SETBACK TO 43 FEET TO REPLACE AND RELOCATE GAS PUMP ISLANDS AND CANOPY AT THE HANDY FOOD STORE, LOCATED AT 401 1ST STREET SOUTH, lMMOKALEE, FLORIDA, AS HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, \VHEREAS. the Legi!\laturc of tile State of Florida in Chap~er 12:5, Florida Stntlltes, has confermd Oil all counties in Florida the power to establish, coordinate and enforce zoning and such husine..<::s regulations as are necessary for the protection of the public; and \VHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which e~tablishcs regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered tbe advisabilit), of two 7- fool variances from the required 50-foot front yard setback for automobile service stations 10 '13 feet along the property's First Street South (CR 846) frontur:e for tht, replacement and relocation of gas pump islands and canopy, as shown on thc attached plot plan, Exhibit A. in a Village Residential (VR) Zoning District ,md a G~llenll Commercial Zoning District with a Main Street Overlay (C-4-MSOSD), \vithin the Wellfield Risk M,ulagemenl Sp~cial Treatment Overlay Zone (STJW -4) for Ole property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have becn maJe concerning all npplicable matters required by said regulations and in accordance with Section 9.CY1.00 of (he Zoning Regulations of said Land Development Codc for tbe unincorporated area of Co!Iier County; aud WHEREAS, al] interested parlies have been given opportllnity to be heard by (his Board in public meeting assembled, and the Board baving considered all matters presenter\' NOW, THEREl'ORE, EE IT RESOLVED BY THE HOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Petition VA-2007-AR-126G8 ftled by Charlie Martin, representing B &- B Casb Grocery Stores, Inc., with respect to the propCrly hereinafter descrihed flS; Lots I, 2,3,22,21 and 24, Block 1, SOllth Immokalce Heights, according the Plat tncreof recorded in Plat Book 3, Page 29, {If the Public Records of Collier C':OUllty, Florida, Page 1 of2 Agenda Item No. 17.A. May 13, 2008 Page 28 of 43 Agenda Item No. 17/\ May 13, 2008 Page 29 of 43 be and tbe same hereby is approved for two 7-.foot variances from the re.quired 50-foot front yard setb"ck to 43 feet <llong the property's First Street South (CR 846) frontage for the replacement and relocation of gas pump islands and canopy, as. shown 011 the attached plot plan, Exhibit A, in the zoning districts wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2007-AR-12668 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this _ day of ,2008. ArrEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: > Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: -R... ThO(fHLTh.i2b"'urf'~ 0" Jeffrey . Klalzko.:v ' Chief Assistant County Attorney Page 2 of2 <(00'(") r--O,," ".-~o o "0 zC"')C"') E~(]) G>"'cn =:::2;6:: '" " a; ::n <{ ~ .... .~ ,.Q .- -= Io'i ~ j-- Q- ",-:?;:,';,".." !I " 'I j ! ~ e ~~ ill,!!1 ~: ~n!!I!II! ..., I ~ ~ .... .. III .... ~ ~ , , 11 , , i I HI ~'~"""/J~l'r''';7~'J " ~~' ~i . II l- . "~~._~.._-~ "I'.' ".,." ""u". ! J ~ r ~~ "- ~O ;;'. tug '" ~ ......0:=::: ",'/:"'i1'i.".>I' , -<Dtl I I [h ;1 [t! t:~ 1'1 ~i 1_ .----J u_j I '. : ,~ j I ~~ ~~ .~ . I i. ,j B '~ "tl ~t I. ._ -. I i , 0 , . I ? ~ ' le . I , I.! ! I' eJr i I ! z B ~ I I ~ I ~ ~ ~ ~" < ! III t i I ~ J:e ! - II! I 'Iii, ~ ! ! ';! !!~l,;; I " II' 1", 'I'!!X, ! 1 i! II i !"~! , ;1 !l' . ,r;!!l! " !I.. l, II, I"!!i' "Ill ~I ,II, 11"1 I ~ 'lPn, II Ii! liill', ~ ~ ~ !~ ..i .J U A€~ e . ! ' I ! II " i~ I, ! Iii ill !I I! I II! !II I~ h !' ii: I,l'l !~ "iI' 'I' !' I! ' I II 1,,1 I': .. ,1, ',r! oil y' II! il 1:= ~ li'~! [ Jt:t .,ff~ ~ _-II!! ".. I'll. " , ~f~d !'Il ~!q I"ti L! ~ i~ ~~~ ~!~ ~ "! ,I 'l'j !~Ii! 'I. I!'!l r-II (, ,. I !I.! :,:! Iii; gil,' '~. . & Y;( r"'lI Ie: ~! ~:. I' I' I ,'~ Ii, III I~' " ~ ill_ III ! 11 !-ill II < ! a ! - '," l!ll~! II ~ &IIi lilli'l !'e'l> il ' l'-, ,!I I"~ ,11!.I.. - ~ f~ ~t:l8 oi~iJl< . ..". ~ ..,;.., :!;~ ~ ~e ;;', tu~ o . . 'i ~, ,. M ~~ "- ~r. <t' t::i~ " COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NE1.: 6968 (i) Agenda Item No. 17 A May 13, 2008 Page 31 of 43 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643- VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [ V A.2007-AJt-1Z668 HANDY FOOD STORIL PROJECT: 2007070015 DATE: 2/11108 DUE: 2/26/08 f( ell ( 7-:- Above to be completed by slq!J APPLICANT/AGENT INFORMATION NAME OF APPLlCANT(S) B & B CASH GROCERY STORES, INC. ADDRESS P.O. BOX 1808 CITY TAMPA STATE FL ZIP 33601-1808 TELEPHONE # 813-621 -6411 EXT. 3301 CELL # 813-695-22 31 FAX # 813-626-3864 E-MAIL ADDRESS:CMARTIN@BBCHI.COM NAME OF AGENT CHARLIE MARTIN ADDRESS SAME AS ABOVE CITY SAME STATE SAME ZIP SAME TELEPHONE # SAME CELL # SAME FAX # SAME E-MAIL ADDRESS: SAME AS ABOVE BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Variauce Application rey. !i.l23i04 f'ngc I or 1(J I-'~'~'-" ~ " Agenda Item No, 1 TA , rA~J 1 J, ~008 Pace 32 f 43 II ."" _ ASSO,,91~;T10NS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets If necessary. NAME OF HOMEOWNER ASSOCIATION: NONE MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP PROPERTY DESCRIPTION Legal Description of Subject Propct1y: "_""____.1 Section/Township/Range 4/47/29East Property 1.0.#: 74030040008 Subdivision: South Immokalee Heights Unit Lot: 1- 3 and 22-24 Block: 1 Metes & Bounds Description: Lots 1.2,3,22,23 and 24, Block 1, South Immokalee Heights, according to the Plat of the rest as recorded in Plat Book 3, Page 29, Public Records of Collier County Acreage: O.R! Acre Address of Subject Property (If different from Petitioner's address): 40 I 1" Street South, Immokalee, Florida L =:J ___",p--DjACEr~T lQNINGANDLANOUSE \}utianee Arplic:llion nw, 12,1:n/f14 rnp:c 2 of 10 Zoning N C-4-MSOSD and VR Subdistrict Land Use Agenda Item No. 17 A May 13, 2008 Page 33 of 43 Commerce Center - Mixed Use 5 C-4-M50SD and VR Subdistrict E C-4-MSOSD Commerce Center - Mixed Use Commerce Center W VR Mixed Residential Subdistrict Minimum Yard Reaulrements for Sublect Propertv: Front: SO' Corner Lot: Yes ~ No 0 Side: Waterfront Lot: Yes 0 No ~ Rear: 40' NATURE OF. PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed: the amount of encroachment proposed using numbers, I.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment Is necessary; how existing encroachment came to be; etc. For projects authorized under LDC Section 9.04.02, provide detailed description of site alterations, including any dredging and filling. Project Narrative We are requesting a ii'ont yard (J" St. South) setback variance of 17' to ailow for the reconstruction of a gas canopy over relocatcd fuel dispenser islands, which will be 20' further from the strect than cunently exists. This site has three front yards and one rear yard. There are no sideyards. The project proposed is to replace the existing underground fuel storage system with ncw double wall tanks and piping to meet the State of florida's mandated environmental requirements for 2009. As part of the scope of work, we arc proposing to relocate the two fueling dispensers twenty feet (20') fulther and the gas canopy location eighteen feet (18') further away from the property line and Soutb First Street than is currently the case. However, the new Gas Canopy location will still encroach into current front yard (J st 81. South) setback reqllircment of fifty feet (50') by 17'. The existing building is as it was when purchased by B&B Cash Grocery Stores, Inc. on April 14, 1972. We do not know when the original structure was constructed, however it was prior to 1972. The existing fl'Ont yard setback from Delaware to the building is 98'. The eastern front yard setback from South First Street is 85.6', The western fi'ont setback ii'om South Sc,'ond Street is 84'. The rear setback is 10'. No modifications to this slructure are part of this variance appiieation. Vllrilluce Applicntion rev. t 2.123/04 P:lI!_t':3 or 10 Agenda Item t~o. 17 A The existing fueling locations arc also the same as when the propCliy was purchased. The ori~ ~'~f~~ x 20' gas canopy, as it was whe;n purchas(~d, \vas damaged during Hurricane \\lilma m~(r~was subsequcntly rcmoved for safety reasons. No modifications to the building are being considered at this time oth<.,1. than maintenance and rcpair. As stated above, we simply want to relocate the fuel dispenser locations and replace the gas canopy in a new location with a greater front yard (I st St. South) setback than the previous gas canopy. Thc ncw gas canopy will be free standing and not be attached to the existing building. The currcnt front yard setback fi"Om South First Street to the existing dispenser islands is 24' 1-3/4" and the front set back fi-om Delaware is approximately 53'. Under the proposed improvements the new ii-ont setback from South First Street to the dispensers would increase to 43' to the edge of the dispenser island and the fi'ont setback from Delaware would increase to 55'. The new dispenser locations will still encroach into the eunent Front Yard (I" St. South) set back requirement of fifty (50) feet by 7 feet. The eunent front ~elbaek fi'om South First Street to the gas canopy prior to taking it down due to the storm damage was 16' 1-3/4" and the front setback fi.om Delaware wa~ 50' 5-3/4", Under the proposed improvements, we are a~king for a variance to enel'Oach 17' into the required 50' front yard setback fi'om South First Street so that the new setback to the edge of the new canopy would increase 10 33', while the front setback from Delaware would be 50'. 11 is because of the front yard setback it'om South First Street to the new gas canopy and dispensers, which we have maximized given the existing location of the building, that we are reqnesting thi~ Valiance, even though the previous canopy and existing fuel dispensers are much closer to South First Street. As pfllt of the improvements, we propose to remove the existing underground storage tanks and piping, install new double walled underground fuel storage tanks and piping, increase the pervious landscape area on the site by removing existing asphalt areas, install landscaping al1d irrigation as shown 011 the accompanying drawings per Collier County's requirements, relocate and construct u new dumpster enclosure, construct a new ADA GompJiant access ramp and parking, and constnlel a eMU privacy wall at the rear of the store to conceal the existing refrigeration equipment area. The encroachment is necessary in order for us to replace the previous stonn damaged gas canopy, and we have gone to great lengths to relocate this canopy further fi'om the property line in order to minimize the encroachment given the existing location of the building and fuel dispensers. The encroachment of the old gas canopy probably occurred prior to existing Zoning regulations. \Ve feel these improvemenls, including increasing the front yard setback from South First Street, the landscaping and reduced impervious areas will make a "1:st improvement to the appearancc of the property and be an asset to the neighborhood as part of our ongoing commitment to llpgrade our lmmokalce stores. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address these criteria using additional pages if necessary.) 1, Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, strllcture, or building involved, \!ariam'cAl'pIiCnlir>:l fl;'1', 121V/lJ4 l'a:;~ -1 of : 0 Agenda Item No. 17 A Th .. I b 'Id' . I . I" b'I't .. f I' I . May 13. 2008 e ongma UI Ing eXist ng on site Imlts our a II y to position ue Ing ocatlp!J@e!9S of 43 meet current Zoning requirements. The prior gas canopy was damaged during Hurricane Wilma and was removed for safety reasons. We have always planned to replace the canopy at the time we upgrade our Underground Fuel Storage and Dispensing syetem to meet the State's 2009 requirement. We are requesting to reconstruct the fueling locations and gas canopy in a new location which moves these Improvements further away from the property line than is/was existing. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The existing site layout and previous gas canopy location were pre-existing at the time we purchased the property in April, 1972. The old canopy was damaged by a force of nature beyond our control, and as we understand it we would be able to replace the gas canopy in its previous location without variance and the other improvements that we propose here-in. However, it is our opinion that the work proposed will have a positive Impact on our property and the surrounding community. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant, A literal Interpretation of the provisions of the Zoning Code would require us to demolish and relocate the existing convenience store bUilding and develop a new Site Development Plan in order to meet all necessary requirements to reconstruct the gas canopy within the required setbacks. This is not a viable economic investment for this property. .1. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. It is our opinion the variance sought is the minimum variance required to construct a replacement gas canopy given the location of the existing convenience store building. In addition, our proposed relocated dispenser islands and gas canopy lessen an existing encroachment pre-elating current requirements. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by Yilriilllce Appliculion rev, ] 2123/04 l'uge5nriO .L,(l~nda IIsm No, 17A these zoning regulations to other lands, buildings, or structures in the s;me ~nJ;1\r6 ~?~~ distl-ict. Granting the variance will not confer any special privilege on the petitioner, as throughout Immokalee existing gas canopies do not meet current setback requirements, primarily because these structures pre-date existing Zoning requirements or have been granted variances due to existing conditions. Vali,\n~:t~ i\ppiicaliull r~'\' ; 2.'2}/U<I P;lgC' (, (1j" I;) .t\genda Item No. 17,A, May 13, 2008 Page 37 of 43 0, Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Granting the variance will bring the site closer to compliance with existing Zoning requirements and greatly enhance the visual appearance of the property. Denying the valance, on the other hand, will require that we replace the existing dispensers and gas canopy in their current location which is a greater encroachment than what we seek under this variance application. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. By decreasing the amount of impervious pavement and replacing it with landscaped green space we believe we are attempting to meet the goals and objectives of the regulations as best we can given the existing building location on the site, &, Will granting tile variance be consistent with the growth management pian, Yes, granting the variance will be consistent with the growth management plan, as the use and intensity of development will remain the same as is existing. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE All PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Yal'ii'lllGc Applica1irm I'ev, 12/2)104 l\l,ge 7 (\f 10 Agenca Item "0, 17/\ May 13, 2008 Page 38 of 43 [, _.~-_._.~~~ I VARIANCE PETITION (VA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED ..---...---------- 15 [gJ D Completed Application (download from website for current form) ----0- Pre Annlication meeting notes ----- 15 [gJ ---._-~-- [gJ D Completed Addressing Checklist, Signed by Addressing 1 Del2.S!:.~'TI!:.nL Conc';-;:'tual Site Plan 24" x 36" and one 8 J-1 " x 11" cony 1 S [gJ D ----+- --.-- Survey of property showing the encroachment (measured In 1 [gJ D feet) -.------- ---- Owner/Aoent Affidavit slaned'&ootarized- 1 0 Deeds/Leaal's ,+.._-_._---~._--_..._---- ~ 0 Location map 1 .w. Aerial photographs (taken within the previous 12 months min. S [gJ scaled 1 "~200'), showing FLUCCS Codes, Legend, and project _boun.<i.~r'y""",_______________,., ~--~_. Electronic copy of all documents and plans (CDROM or 1 I6J 0 Diskette) ..-- "..- . - Historical ~urvey or waivec_~!'.€st..,.. _.1_ D u_~' Environmental Impact Statement (EIS) and digital/electronic ..fQQy..Qf..~l,,_Qc exemption iustiflcatiofj,.__ 3 D [gJ Within 30 davs after r~c;ei.JL\.QJthe first review comment I~,!l€!.!:, 1 [8J D .J p,rQ,vide Property Owner Advisory Letter and ,~ertification__._. . _____...L... FEES; [gJ Pre-application Fee $500.00 (Applicatians submitted g months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting wlil be required.) Revl~w Fees: D $2000,00 Residential [S] $ 500000 Non-Residential D $2000.00 Sign Variance D After- The-Fact Zoning/Land Use Petitions 2x the normal petition fee [S] $760.00 Estimated Legal Advertising Fre - CCPC Meeting [S] $363.00 Estirnated Legal Adver.tlsing Fee - BCC Meeting (any over- or under"paYl1lent will be reconciled upon receipt of invoice from Naples Daily News). [J $2500.00 EI5 Review OTHER REQUiREMENTS: VariflJl'':',{ ,~,ppJiCflti(w tn'. 12/23iO-i I',~ iCe ~,; (,!, I (l 0_ 0_-_ 0__ .t\g'~nda iieal t'<Jc. 17A May 13 2008 Page 39 of 43 ~~~,IO& iiie '/' V3rial1~c /\pplicrl1i(1ll r<"v J21?~i04 Pag(:,9 Df In <[00(') 1'-0,," .,....0,,- .N 0 o '0 Z~"T ~ >. Q) (DCOOl ==:;:;& ro "0 C Q) en <[ r-- .- T-- ..... .~ ..0 .~ ~ - I"i ~ I I ,QJ (rJ 1r- 10], "~"'-~"[ il;i -< " gl . , '.';; " b' tji ,. I"~ 'I ,j, 'h., p! ~hdllill ..,.., I " 91 2 ~"' ~e ~~ -.-..--.-..-.....--,.- D "I ~ U~ , !"'-"1__.1"~ 7 ___~,_~~~_~l.~,.~,'. 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" "i.. .a\ ~;." p ~~i !Ii Ii, I;, [;1 & ," i~ ,'~ ",'J! fti .! II !Ill! :i., '.1 ~ Da ,.,., 'h .' " '! ~~'" h ~ ;:.l! '. "'I ~ ~ , ::;r.; I" ,J' ,I, ., , " '! . 'i ", ,~ \l,- i;, ' l ~I' ~~, fl!l \!iej ;t !! ill -II' '1111 h I~.. ;;1 ,;, hi p" ii . il! I!! WII!i~1 Ii ; :l:~ ill !i!: o!~I:lll , ml!li 1m !!ll!! :1 ( ;;; 1'1" ~ !~ "~ I; .\~ \ ,... t "e I' 't' I " ~I!!Hl " .1" ~ I: 1\ ~ ,~ r~~- ~I~ "-;:,~ ~ tl' ',\<"t" \. ~ / ti,~! \~\'1) lIB Cl.-'l 'll' ' -", !;~I ' ~ Ih! L:.-___:." RESOLUTION NO, 08-_____ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLlER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2007.AR.J2668. FOR ONE 7-FOOT VARIANCE FROM THE REQUillED 50-FOOT FRONT YARD SETBACK TO 43 FEET TO REPLACE AND RELOCATE GAS PUMP ISLANDS AND ONE 17-FOOT VARIANCE FROM THE REQUillED 50-FOOT FRONT YARD SETBACK TO 33 FEET TO REPLACE AND RELOCATE THE CANOPY AT THE HANDY FOOD STORE. LOCATED AT 401 1ST STREET SOUTH. IMMOKALEE, F1..0RIDA, AS HEREINAFrER DESCRIBED IN COLUER COUNTY. F1..0RIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to escablish, coordinate and enforce zoning and such bU,'iiness 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. 2004-41, as amended) which establishes regulations fol' the zoning of particular geographic divisions of the County, amOrlg which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public bearing after notice as in said regulatiolls made ilnd provided. and bas considered the advisability of a 7-foot variance from the required 50-foot front yard setback for automobile service stations to 43 feet along the property's First Street South (CR 846) front:lge for the replacement llnd relocation of gas pump lslands and a 17-foot vmiance from the requirr.d 50-foot front yar~ s.etback for automobile service stations to 33 feet along the property's First Street South (CR 846) frontage fol' the replacement and relocation of a conopy, as shown on tne attached plot pIon, Exhibit A. in a Village Residential (VR) Zoning District and a General Commercial Zoning District with a Main Street Overlay (C-4-MSOSD), within the Wcllfield Hisk Management Special Treatment Overlay Zone (STI\V-4) for the pl'Opert)' hereinafter described, <md has found as a matler of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9,04,00 of the Zoning Regulations of sflid Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considel'ed all matters prc!:icntcd. NOW, THEREFORE, I3E IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLlER COUNTY, FLORIDA, that: Pagelof2 4-9-08 MMSS '7117 J]f}!,).- Agenda Ilem No. 17 A May 13, 2008 Page 410143 The Petition VA-2007~AR-12668 filed by Charlie Marlin, representing B & B Cash Grocery Stores, Inc., with re.'5pect to the property hereinafter described as: Lots 1,2,3,22,23 and 24, DIock I, South lmmokalee Heigbts, according the Plat tbereof recorded in Plat Book 3, Pngc 29, of the Public Records of Collier County, Florida. be and the same herehy is approved for a 7-foot variance from the required 50-foot front yard setback to 43 feet along tbe pl'Opelty's First Street South (CR R46) frontflge for the replacement and relocation of gus pump islands and a 17-foot variance from the required 50~foot front yard setback for automobile service stalions to 33 feet ~Iong the property's First Street South (CR 846) fronfage for the replacement and relocation of a canopy, as shown on the attached plot plan, Ex.hibit A, in fhe w!1ing districts wherein said properly is located, subject to the following conditions. 1. The 7-foot variance far the encroachment lllong tbe property's First Street Sauth frontage shall be Ihnitcd to allow for the pftlcement of the two gas pump is.lands only as depicted on the UST Installation PIalllPlot Plan, Exhibit A. 2. The 17-foot vsriance for tbe encroachment along the property's First Street South fromage shaH be limited to allow for the placement of the gas pump canopy only as depicted on the UST Inst.dlation Plan/Plot PIau, Exhibit A. 3. The applicant shall enter inlo <l bold hallTIlcss agreement with the Transportation Division within 90 days of approval of the variances. The purpase of the Agreement is 10 indemnify the County for all)' damages to the stmcrUres that are the subject of these variances and landscaping as a result of ,my future improvements to first Street South. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2007-AR-12G68 be recorded in tbe minutes of this noord, This Resolution adopted after motion, second and majority vote this _ day of ,2008. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA By:._ By:_..__._ TOM HENNING, CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: ,~)1iY ~ Jeffrey A Klatzkow b Chief Assistant County Attorney 4-9-08 MMSS Page2of2 }J, /11/)/!- Agenda Item No. 17 A May 13, 2008 Page 42 of 43 =- 9" W.... <{roC'? 1'--0"" .,...0....... .N 0 ' , 'C'? _~-::t E >- '" ",roO> =:;;ro ro Q. '" ii3 0> <{ .' .":f/,~,~", < ..... .... ,.Q '... ~ II ~ ,I ,II ill ~IIIILn! .....11I....'1 '" ~~ I '" V" __ 10"0'" -_.=-------- ! ~~ "," <, !Jl' --CUd 111 L--__~ ._J ~~ ~. ffi. " ! I , . ! i i I ;! V t . I I! % h;! 'I 10 1"ij!1 " -d 1\' . l I ~ ,i~ Ii I dli,I-, , I II ~~! t I "'1 ,lo!~1 I ' n : ! I m r IIi;, , ~ ! ; !" flr'l;r ! l! 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