Agenda 02/12/2008 Item # 7A
Agenda Item NO.7 A
February 12,2008
Page 1 of 49
EXECUTIVE SUMMARY
V A-2006-AR-I0092, Stephen J. Fleming, P.E. of Stephen J. Fleming & Associates, Inc.,
representing Mohammed M. Rahman, requesting 15-foot variances from Section 5.05.05.B.
of the Collier County Land Development Code (LDC) Table of Site Design Requirements
to reduce the lot width along the north and south property line from the required 150 feet
to 135 feet, and to reduce the side yard setback along the west property line from the
required 40 feet to 25 feet to permit an automobile service station. The subject property is
located at 2393 Lake Trafford Road, Section 32, Township 46 South, Range 29 East,
Collier County, Florida
OBJECTIVE:
Request that the Board of Zoning Appeals (BZA) consider a Variance petition to permit
construction of a proposed automobile service station and convenience store, and render a
decision pursuant to Collier County Land Development Code (LDC) Section 9.04.00, in order to
ensure that the community's interests are maintained.
CONSIDERATIONS:
The subject .89010 acre property is zoned C-3 and has an existing 1,000 square foot building with a
drive-thru convenience store and driveway that were built in 1987. The petitioner proposes to
demolish the existing structure and build a new 4,000 square foot convenience store, two covered
gasoline pumps and a parking area for 22 vehicles. Since the petitioner is adding gasoline
pumps, the project must meet the requirements of Section 5.05.05.B of the LDC that provides
development standards for automobile service stations. Because of the size of the lot, two
variances are requested.
The petitioner is requesting two variances from Section 5.05.05.8. of the Collier County Land
Development Code (LDC) pertaining to the Table of Site Design Requirements for automobile
service stations. The first variance request is to reduce the lot width by IS feet from the 150 foot
requirement to 135 feet, and the second variance request is to reduce the side yard setback by ] 5
feet along the west property line from 40 feet to 25 feet in order to permit an automobile service
station.
The proposed automobile service station will be replacing an existing, run-down drive-thru
convenience store.
Since there are no land related hardships associated with this property, Staff is constrained from
recommending approval of this Variance petition.
-
Mini-supermarket Variance V A-2006-AR-1 0092
February 12, 2008 BCC
Page I of4
Agenda Item No. 7A
February 12, 2008
Page 2 of 49
FISCAL IMPACT:
Approval ofthis Variance petition would have no fiscal impact on Collier County.
GROWTH MANAGEMENT PLAN IMPACT:
Approval of this Variance would not affect or change the requirements of the Growth
Management Plan.
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 (EAC) RECOMMENDATION:
The EAC did not review this petition as they do not normally hear Variance petitions.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The cepc heard petition VA-2006-AR-10092 on December 20, 2007. There was discussion
about the merits of the project; it would be replacing an old, existing, drive-thru beverage
business. A Commissioner stated that the proposed automobile service station would also
increase competition among area automobile service stations, be attractive and provide additional
gas and food for a primarily pedestrian neighborhood (i.e. many of the nearby residents do not
drive). There was testimony presented from an opposing neighbor, who was concerned about the
amount of traffic, light pollution and crime the proposed automobile service station would
generate. The eepe further discussed noise issues, light pollution and hours of operation.
Staff has recommended denial of this petition, however if the ecpc were to consider approval of
this petition, Staff recommended two conditions, with a revision to the first condition to include
the 15-foot lot width reduction. These conditions are as follows:
I. The 15-foot variances granted are limited to the side yard encroachment for
the proposed convenience store along the west property boundary and to a 15-
foot lot width reduction, as depicted in the applicant's submitted site plan
dated February 14,2007, included as Exhibit A.
2. In addition to the required landscaping on the outside of the 8-foot high wall,
the inside of the wall shall be landscaped with a single row 3-foot minimum
high hedge planted a minimum of 3 feet on center and maintained at a
minimum height of 5 feet.
Mini-supermarket Variance VA-2006-AR-10092
February 12, 2008 Bee
Page 2 of4
Agenda Item NO.7 A
February 12, 2008
Page 3 of 49
In addition, the CCPC also added Conditions 3 and 4 to address outdoor speakers and hours of
business. It is important to note that Conditions 3 and 4 are the type of conditions that do not
typically relate to a Variance. The CCPC voted 7-0 to forward this petition to the Board of
Zoning Appeals (BZA) with a recommendation of approval with the following requested
Conditions 3 and 4 in addition to Conditions I and 2:
3. There shall be no outdoor speakers except for those required by a governing
authority.
4. The hours of business operation are limited from 5 a.m. to I I p.m.
Staff is not supporting Conditions 3 and 4 because they have been deemed by the Collier County
Attorney's Office (COA) to have no rational nexus to a Variance petition such as this. The use
of the property for an automobile service station and convenience store is a use permitted by
right in the C-3 Zoning district. The LDC does not impose restrictions on hours of operation.
Because Variance petitions are related to site design (dimensional requirements) rather than the
approval or denial of a land use, there is no rational nexus between the criteria required to be
evaluated as the basis for approval of a variance and the imposition of conditions related to the
use of the land.
This petition can not be put on the Summary Agenda due to Staffs recommendation of denial.
Staff is constrained from recommending approval of this Variance petition due to the fact there
are no land related hardships.
LEGAL CONSIDERATIONS:
The petitioner is requesting the reduction of a minimum lot width requirement of 150 feet to 135
feet and a reduction of a setback from 40 feet to 25 feet to permit an automobile service station.
The granting of such a variance is permitted under LDC ~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.
The Petitioner has the burden to prove that the proposed variance is consistent with all the
criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the
necessary criteria have been satisfied. Should you consider denying the variance, to assure that
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
conformity 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 terms under which the variance is
granted, shall be deemed a violation of the zoning code.
Mini-supermarket Variance VA-2006-AR-10092
February 12, 2008 Bee
Page 3 of 4
Agenda Item No. 7 A
February 12, 2008
Page 4 of 49
Criteria for Variances
I. There are special conditions and circumstances existing which are peculiar to the
location, size, and characteristics of the land, structure, or building involved.
2. There are 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.
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.
RECOMMENDA nON:
Staff recommends that the Board of Zoning Appeals (BZA) deny Petition Y A-2006-AR-10092.
PREPARED BY:
Nancy Gundlach, AICP, Principal Planner
Department of Zoning and Land Development Review
Mini.supermarket Variance V A-2006-AR-1 0092
February 12, 2008 Bee
Page 4 of 4
Item Number:
Item Summary:
Meeting Date:
Page 10f2
Agenda Item No. 7 A
February 12, 2008
Page 5 of 49
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7A
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition: VA-2006-AR-10092 Mohammed M. Rahman, represented
by Stephen J. Fleming, P.E., requesting a before-the-fact variance from Section 5.05.05.8. of
the LDC to reduce the lot width along the north and south property line from the required 150
feet to 135 feet, and to reduce the side yard setback along the west property line from the
required 40 feet to 25 feet to permit an automobile service station. The subject property is
located at 2393 Lake Trafford Road, Section 32, Township 46 South, Range 29 East, Collier
County, Florida.
2112120089:0000 AM
Prepared By
Nancy Gundlach
Community Development &
Environmental Services
Principal Planner
Date
Approved By
Zoning & Land Development Review
1/16/20089:28:09 AM
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Approved By
Transportation Services Admin.
1/161200810:56 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1116/200811:08AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
1/18/200812:11 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
1/16/20081:15 PM
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Approved By
Zoning & Land Development Review
1/1812008 10:58 AM
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
1/22/20088:03 AM
Approved By
file:/ /C:\AgendaTest\Export\] OO-F ebruary%20 12,%202008\07. %20BOARD%200F%20l0oo.
2/6/2008
Page 2of2
Agenda Item No. 7 A
February 12, 2008
Page 6 of 49
Susan Murray, Alep
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
1122120088:13 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
1122/20084:11 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1122/20084:23 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/22120084:50 PM
file:IIC:\AgendaT est\Export\ 1 OO-F ebruary%20 12,%202008\07. %20BOA RD%200F%20l0oo.
2/6/2008
. AGENDA ntJj'W~g~ ~~~
Co~"! 9mnty
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARlMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DMSION
HEARING DATE: DECEMBER 20, 2007
SUBJECT:
PETITION V A-2oo6-AR-l 0092, MINI-SUPERMARKET
PROPERTY OWNER/AGENT:
OWNER:
Mr. Mohammed M. Rahman
13056 Valewood Drive
Naples, FL 34119
AGENT:
Mr. Stephen J. Fleming, P.E.
Stephen J. Fleming and Associates, Inc.
24830 South TmniRmi Trail, # 3500
Bonita Springs, FL 34134
REOUESTED ACTION:
The petitioner is requesting two variances from Section 5.05.05.8. of the Collier County Land
Development Code (LDC) pertaining to the Table of Site Design Standards for Automobile
service Stations. The first variance request is to reduce the lot width by 15 feet from the 150
foot requirement to 135 feet, and the second variance request is to reduce the side yard setback
by 15 feet along the west property line from 40 feet to 25 feet in order to permit an automobile
service station.
GEOGRAPmC WCATlON:
The subject .89% property is located at 2393 Lake Trafford Road (CR 890), Immokalee. and is
within Section 32, Township 46 South, Range 29 East, Collier County, Florida. (See location
map on the following page).
PURPOSElDESCRIPTlON OF REOUEST:
The subject .89% lICTe property is zoned C-3 and has IIIl existing 1;000 square foot building with a
drive-tbru and driveway that were built in 1987. The petitioner proposes to demolish the existing
structure and proposes to build a new 4,000 square foot convenience store, two covered gasoline
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Agenda Item No. 7 A
February 12, 2008
Page 10 of49
pumps and a parking area for 22 vehicles. Since the petitioner is adding gasoline pumps, the
project must meet the requirements of Section 5.05.05.B of the LDC that provides development
standards for automobile service stations. Because of the size of the lot, two variances are
requested.
The conceptual site plan entitled "Mini-supermarket" dated February 14, 2007 and prepared by
Stephen J. Fleming & Associates, Inc. illustIates the location of the proposed convenience store,
gasoline pumps and parking area. (See Exhibit A on the following page).
1be applicant has submitted a letter from Sanford Seligman, the property owner of the Garden
Lake Apartments located to the west of the subject site. The apartment owner is requesting the
construction of an 8-foot high wall along the subject property's west and south property lines.
This wall will be located between the residential property and the proposed development
consisting of the convenience store, gasoline pumps and parking area. As of the writing of this
Report, there has been no other correspondence in support of or opposed to the proposed
development.
SURROUNDING LAND USE & ZONING:
North: Single-family residence zoned RSF-4, then vacant land zoned A-MHO.
East: Warren Street right-of-way, then mobile homes, zoned MH.
South: Mobile home zoned MH.
West: Private driveway called Garden Lake Circle, then Garden Lake Apartments building,
zoned PUD.
AERIAL MAP
v A-2006-AR-l0091 MJni.<upcnnoIb:
Docoatbc% 20, ZOO7
Page 4 of 8
Agenda Item No. 7A
February 12,2008
Page 11 of 49
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is designated High Residential (HR). as identified on the Immokalee Area
Master Plan (IAMP) of the GMP. The subject site does not qualify for commercial zoning under
the HR designation of the lAMP. However, Policy 5.1 of the Future Land Use Element (FLUE)
allows the subject C-3 property to be consistent with the GMP.
The GMP does not address individual Variance requests; it focuses on the larger issue of the
actual use. As previously noted, the subject petition seeks a Variance to allow a IS-foot
reduction from the minimum lot width requirement of 1 SO feet and a 15- foot reduction from the
required 40- foot side yard setback. Based upon the above analysis, staff concludes that the
proposed use for the subject site is consistent with the FLUE, although the Variance request is
not specifically addressed.
ANALYSIS:
Section 9.04.00 of the LDC grants the authority to the Board of Zoning Appeals (BZA) to grant
Variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and
utilizes the provisions of Section 9.04.03, which are general guidelines to be used to assist the
Commission in making a determination. Staff has analyzed this petition and offers the responses
to the items in Section 9.04.03 as follows:
a. Are there special conditions and circumstanees existing, which are peculiar to the
Joeation, size and characteristics of the IRDd, structure or building involved?
No. There is no land-reJated hardship. The lot is rectangular in shape and meets the
minimum requirements of the C- 3 Zoning District. The existing building is proposed to be
demolished and removed, thc:rcby creating a "clean slate" to develop the proposed facility
which they could design the facility to meet the required setbacks.
b. Are there special conditions and circumstances, which do not result from the action of
the appHcant luch as pre-existing conditions re,lative to the property, which is the
subject of the Variance request?
No. 'The current property owner purchased the property in 2002. The applicant proposes
to remove the existing building and pavement and develop the site with a new convenience
store, gasoline pumps, parking pavement, water management and landscaping. Conversely,
the subject property docs not qualify for commercial zoning under the currently adopted
Immokalce Area Master Plan. However, Policy 5.1 of the PULE allows this C-3 zoned
property to be found consistent with the GMP.
c. Will a titeral interpretation of the provisioDl of this zoning code work UDDecessary
and undue hardship on the appHcant or create practical difficulties for the appticant?
No. 'The reason the LDC provides increased setbacks and development standards for an
automobile service station is to mitigate for the impact of these facilities froin adjacent
residential properties. In addition, it is the applicant's desire to build a 4,000 square:: foot
VA..20Q6-AJt..l0092 Mini _....._..._1.&.1.
Doccmbar 20, 2ClO7
PageS"'S
J.
Agenda Item No. 7 A
February 12, 2008
Page 12 of 49
convenience store, gasoline pumps and parking on a relatively small lot (.89 acre) adjacent
to residential land uses. There may be other more suitable locations for such a land use.
As noted above, the Automobile Service Station setbacks are greater than the standard C-3
setbacks. For example, the Automobile Service Station minimum lot width is 150 feet and
the side yard setback is 40 feet. The C-3 minimum lot width is 75 feet and the side yard
setback is 25 feet.
d. Will the Variance, if granted, be the miDlmum Varianee that will make possible the
reasonable use of the land, building or stncture and which promote standards of
health, safety and welfare?
No. According to the petitioner, the 15-foot Variance from the miirimum lot width of 150
feet and 15 feet from the minimum side yard setback of 40 feet is the minimum necessary
to allow a reasonable use for the proposed convenience store, gasoline pumps and parking.
However, if the Variance is not approved, the petitioner would still have reasonable use of
the land. Approval of the Variance would not have a deleterious impact upon the standards
of health, safety and welfare.
e. Will granting the Varianee confer on the applicant any special privUege that is denied
by these zoning regulations to other lands, bundinp, or stnctures in the same zoning
district?
Yes. There is no land related hardship and any variance granted gives special privilege.
The lot width reduction and the reduced set back will allow the petitioner to have a smaller
setback and lot width than the'minimum required for automobile service stations.
f. Will granting tbe Varianee be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otberwise
detrimental to the public welfare?
Yes. The existing building, pavement and site are old and do not appear to meet the current
LDC standards related to building architecture and landscaping. Redevelopment of this site
could be an improvement to the neighborhood.
g. Are there natural conditloDll or physically induced conditions that ameliorate thc
goals and objectives of the regulation such u natural preserves, lakes, golf counes,
ete. ?
The subject site is sUlTOunded by residential land uses. The applicant proposes to mitigate
the impact of the proposed development on the adjacent residences by erecting an 8-foot
high wall along the west and south property lines. A 4-foot high wall will be erected along
the east property line where Warden Lane separates the proposed development from the
residences across the street The LDC also requires landscaping along these walIs, so these
wilI help ameliorate the visual and sound impacts of the proposed convenience store,
gasoline pumps, parking and dumpster.
VA.2006-AR-10092 MDll___
Docember20.2OO7
Page60fS
AHt::11Jaltt::11I f4u. 7A
February 12, 2008
Page 13 of 49
h. Will gnmting the Variance he consistent with the Growth Management Plan (GMP)?
Approval of this variance petition will be consistent with the GMP.
ENVIRONMENTAL ADVISORY COUNCIL IEACl RECOMMENDATION:
The EAC docs not nonnaIly hear variance petitions.
SUMMARY:
Staffhas determined that while there is a lot width and setback related hardship, there are no land
related hardships related to this property. The petitioner would be able to enjoy a reasonable use
of the land whether or not the variance is approved.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition V A-
2006-AR-I0092 to the Board of Zoning Appeals (BZA) with a reconunendation of denial.
However, if the CCPC wishes to approve this petition, it is reconunended that it be approved
subject to the following conditions:
I. The 15-foot variance granted is limited to the side yard encroachment for the
proposed convenience store along the west property boundary, as depicted in the
applicant's submitted site plan dated February 14, 2007, included as Exhibit A.
2. In addition to the required landscaping on the outside of the 8-foot high wall, the
inside of the wall shall be landscaped with a single row 3-foot minimum high
hedge planted a minimwn of 3 feet on center and maintained at a minimwn height
of 5 feet.
1-
V A-2CJ06.AR-IOO92 Minl-supennolbt
Ileoomber 2ll, 2007
Poge 7 ora
AHvl ,do. !LviII r~(). (-A
February 12, 2008
Page 14 of 49
PREPARED BY:
A AlCP, PRINCIPAL PLANNER
DEPAR ZONING AND
LAND DEVELOPMENT REVIEW
~.lloD7
DATE
RE
DATE
V. B LLOWS, ZONING MANAGER
DEP OF ZONING AND
LAND DEVELOPMENT REVIEW
II ''2.7.07
DATE
~Ltn.~
sUSAN MURRAY -ISTENES, AlCP, DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
APPROVED BY:
1/ /z.g /0;
DATE
H K.. SC , ADMINISTRATOR
TY DEVELOPMENT &
ONMENTAL SERVICES DNISION
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DATE
Tentatively scheduled for the December 20, 2007 Board of County Commissioners Meeting.
V A*2OI)6..AR--lOO92 MiDi-supenarbt
DecalIIIer 20, ZOOT
Pag. . ofa
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLUERGOV.NET
(i)
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VARIANCE PETITION APPLICATION
-,.,--' ,-,
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(VARIANCE FROM SETBACK(I) REQUIRED FOR A PARnCULARZONING DISTRICT)
. " " ".' ".' " ". ,
PETITION NO (AR) 3rd REV
PROJECT NAME V A-2007-AR-10092
PROJECT NUMBER PROJECT 2006070037
DATE PROCESSED DATE: 5/29/07 DUE: 6/12/07
ASSIGNED PLANNER
Above to be completed by stqff
I APPLICANT/AGENT INFORMAnON I
NAME OF APPUCANT(S) MOHAMMED M. RAHMAN
- ADDRESS 13056 VALEWOOD DR CITY NAPLES STATE FL ZIP 34119
TELEPHONE # 239-597.9347 CELL # 239-269-5258 FAX # 239-596-1706
E-MAIL
ADDRESS: RRAHMAN42@AOL.COM
NAME OF AGENT: STEPHEN J. FLEMING. SJF AND ASSOCIATES. INC.
24830 S TAMIAMI TRAIL. #3500 CITY BONITA SPRINGS STATE FL ZIP 34134
TELEPHONE # 239-495.2402 CELL # 239-728-8564 FAX # 239-495-2896
E-MAIL ADDRESS: STEVEUSI47taJCOMCAST.NET
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
-
Variance Application rev. 12123104
Agenda Item No. 7 A
February 12, 2008
Paqe 15 of 49
2800 NORTH HORSESHOE DKlVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
Agenda Item No. 7 A
February 12, 2008
Page 16 of 49
ASSOCATlONS ...
Complete the following for all Association(s) affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIAnON:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIA TrOM:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIAnON:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS
CITY
STATE_ZIP
NAME OF CIVIC ASSOCIA nON:
MAILING ADDRESS
CITY
STATE
ZIP
I PROPERTY DESCRIPnON
Legal Description of Snbjed Property:
Sectlon{f ownshlp/Range
Subdivision:
Metes & Bounds Description:
32 I.M.J~ Property I.D.#:
Unit
00079760009
lot:
Block:
Acreage 0.89
Address of Subject Property (If different from Petitioner's address):
2393 Lake Trafford Road
Immokalee. FL
Variance Application ~. 12123104
ADJACENT ZONING AND LAND USE
Agenda Item No. 7 A
February 12, 2008
Page 17 of 49
I
Zoning
N A-MHO
S MH
E MH
W PUD
Land Use
MIGRANT HOUSING
MIGRANT HOUSING
MIGRANT HOUSING
GARDEN LAKES ASSISTED LIVING
Minimum Vard RllGuirements for Subiect ProDerty,
Frant: 50
Side, 40
RtlCIr: 40
Corner Lot:
Ves X. No 0
Ves 0 No X
Waterfront Lot:
NATURE OF PETmON
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 propertYI when existing principal strudure was built (Include building permit
number (s) if possible); why encroachment is nece..ary; 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.
Owner would like to utilize existine: vacant property for a proposed Mini-Supermarket with
e:aI facilities alone: Lake Trafford Road and Warden Lane in Immokalee. Florida. The Countv
requires e:as facilities to complv with minimum lot width. lene:th. setbacks and areas set forth bv
the Countv code. The subject site lies on a comer lot and contains an existine: drive- throum
convenience store. The ProDosed site Dlan functions well for traffic flow. parkine:.landscapine:.
and drainae:e. However. it does not meet the minimum lot width requirement for e:as facilities
within Collier Countv. We respcctfuUv request a variance to the minimum lot width
requirement for this particular property from 150-feet to 135-feet. The new construction will
enhance the surroundine: areas and help divert traffic from SR 29. In addition. we respectfuUv
request a variance e:rantine: the reduction of the West setback from 40-feet to 25-feet. A
proposed barrier wall will be constructed to reduce impacts of the proposed facilitv to the
adjacent property (Per adjacent property owner. See Attached letter) .
Pleose note that stoff and the Collier County Planning Commission shall be guided in their recommendation to
the Board of zoning Appeals, and thot the Boord of zoning oppeals sholl be guided In its detennlnation to
Variance Application rev. l2l23104
approve or deny 0 variance petition by the below listed criterio (1-8).
oddltlonal pages If necessory.)
Agendij It~m No. 7A
(Please oddress t1ie~5ffll!1}01~i!!Q08
Page 18 of 49
1. Are there special condlllons and circumstances exisllng which are peculiar to the Iocotlon, size and
characterlsllcs of the land, structure, or building Involved.
Subied DrODertv Drovid.. an existinG service Drovidina aoods to the community. Th. DIODO.eeI new
bulldina and aas faclllti.s shall serve to enhance the aualltv of services to the surroundina communltv.
A low Income retirement community I. located to the West. where a number of residents use
Wheelchairs and are not able to driy..
2. Are there speciol condlllons and circumstances which do not result from the ocllon of the applicant
such os pre-exlsllng condlllons relallve to the property which Is the sublect of the vorlanco request.
Alana Lak. Trafford road th.re is on. exlstina aas station that is located 2-3 blocks to the
east on the north side of the road. The DroDOSed facilitv will increase the number of aasolin. service
station Dation. in the community and will also Increas. Dedestrlan access: to the surroundina
communitY.
3. Will a Uterol interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicont or create practlcol dlfficultles on the applicant.
Yes. Zonina codes would restrict th. size of the DroDo.... buildlna. As a result. Client would nat be
Able to Droyide a buildina bia enouah to sell adeauate aoods to the surroundina community
as wen as Drovide Gas services.
4. Will the vorlance, If granted, be the minimum vorl once thot will make possible the reosonable use of
the lond, building or structure ond which promote stondards of health, sofely or welfare.
The Variance. If aranted. will b. all that is necessary to seek aDDroval of the DroDosed use
of the DrODertv within comDliance of all Collier County Code. and Reaulation.. From a safety
standDoi",. traffic from Lake Trafford will no lonaer be directed into the site from the west bound lane.
Driveway connection will become a riaht in. riaht out only. Th. new facilltv will serve to enhance the
exlstina conditions and brina the site UD to County Code.
5. Will grontfng the varionce requested 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.
None
Variance Application rev. 1212.3104
Agenda Ilem No.7 A
February 12, 2008
Page 19 of 49
6. Will grontlng the variance be In hormony with the Intent and purpose of thIs %oning code, and not be
InJurious to the neighborhood, or otherwIse detrimental to the public welfare.
Grantlna the reauedec:l variance will increau access to the surroundina residents and enCDuraae
....001. to lise sidewolk ....d.mlan Faciliti.s (Wheelchairs Etc.1 In keeolna with oublic w.lfaro.
there are num.rous low incom. housina communlti.s thai would benefit from hayina a mini.
su....rrnarket with aas fad"t;.s nearby. To the west of the oro....rtv uo to the lake. there Is no other
mini...suaermarlcet.
7. Are there natural conditions or physically induced conditIons thot ameliorate the goals and
objectives of the regulotlon such as natural preserves, lokes, golf course, ete.
NA
8. Will granting the varionce be consistent with the growth management pion.
Y.s. Communitv will no lona.r need to walk or o.ddle across the str.et or trayel alona Lak. Trafford
Road down to Winn Dixie on S.R. 29. The new deyelooment will be brouaht UD to Countv Code and
alllandscooina will be consistent with the on...o;na beautification of Immokalee.
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.
Variance Application rev. 12123104
Agenda Item No. 7A
February 12, 2008
Page 20 of 49
VARIANCE pmnON
SUBMITTAL CHECKLIST
~: Coales
1Bl5
0{s
0'i
~
~
&1'
~
o
o
ntS COMPLEJB) OffCKUST 15 TO BE SlI8MIT1B) WITH APf'UCAOON PACKET
Completed Application
P....Appli....ion Meeting Noles
Site Plan 24" X 36" depicting the following:
All property boundaries & dimensions
All existing and proposed structu.... (labeled as such)
North arraw, date and scale af drawing
Required setbaclcs & proposed setbacks
Capies of Deed
Survey of property showing the encroachment (measured in feolO
Location Map depicting major....... In area for reference
Addressing Checklist
Owner/Agent Affidavit, signed & notarized
Electronic Capy of all dacuments & plans
Applicatian Fees = $2000 (residential
. $SOOO (non-residential)
Legal Advertising F..s = $729.00 - CCPC
$363.00 - ICC
Checlcs shall be made payable to. Collier County Commissioners
Other
Other
A. the authorized agent/applicant for this petition, I aIIest that all of the information indicalecl
on this checklist i. included In this submittal package. I understand that foilure to include all
necessary submillallnformation may ..suh in the delay of processing this petition.
~L~ ~ -
Ag App/i Signahxe G
c;,lsjp~
Date
Variance Application rev. 12123104
ADDRFSSING CHECKLIST
Agenda Item NO.7 A
February 12, 2008
Page 21 of 49
Please complete tho folIowiDgAND FAX (2J9-6SlI-.f'lU) Oil SUIIMIT rN PElISON 7'0 THE ADD/lEfSING SECTlON.l11llH
MUST BE SIGNED BY ADD/lP'..f:.flfNG PERSONNEL PRIOR 7'0 PRE-tfPPUCA.110N MEE11NG. Not all items will apply to
very project. Items in bold type arc n:quired. .
LEGAL DESCRIPTION of subject property or properties Ill/py q"6f1gt/1, d,safpliml"". II IIfft1dJId,
46S Ree29E
Pareell09. See 31 Twu
FOLIO (Property ID) NUMBEIls) of oboYl (1I1ftHJ 1tJ, I1f' qsswt1f8 rhIt, .' tllsuipfiqo if nm" 111110 1111~
0079760009
STlm AOOIESS 01 ADORESSES CqS /1fIP1imlJII, if 1IIr""'r'ssigMdj
1393 Lake Trafford Road
LOCATION MAP, showing exod Iecotlon of project/site in relotion 10 neoresl publil rood right-of-woy Cmtat4
COPY OF SUIYEY (NEEDED OIltY FORlJlIPllTnD noPEtnES)
PROPOSED PROJECT NAIlE (ff IIpfIIittmIlJ Mlnl-SUPERMAIIET w IGas Facilities
PROPOSED STlm NAIIES (ff I1f1plklllJ/i,
NA
S~e Oe..lopm.nt Pion Numbtr (FOI EJISTIHG PtOJECIS/S1m ONLY), SOP
orU.
htltion Type - (Complete 0 separal. MtIressi.g OIo<k1isllo, .... Pefl.... Type)
_. 'DP (Sil. D...lopao..1 PIn) 0 PPL (p1...l Pial t..lew)
....J SDPA (SOP AlIIe.......,) 0 rsr (Preli_" Stbditisiao PIo~
o SDPI (SDP 1...b.la.fl.1 thog.) 0 FP (R.aI PIa~
o SIP (Site I..p'......., PIo.) 0 lLA (lo' lilt ~jI_)
o SIPI (SIPII...bsla.1ia1 Ong.) 0 IL (llosliog Permil)
o SNI (S1r..1 IItme 01_) 0 tOW lIiI",..I-Woy P....it)
o V.g.flflao!Exalic (Yeg. t......1 Pllmil.) 0 EXP (ExCl..fl.. Per..it)
o VlSFP (Y... teai..oll SifI RII PII1RI~ 0 !DI (Tro.ster.1 De...l.,.nttigbls)
o L..d Use Petifla. (Yario"o, C..diH...1 Use,"a! Dod Ell., I....., PUD rezon., ek.)
o OIber. o.stribot
Projed or devolopment nomes proposed for, or alreody oppeoring in,londominium dOluments pI Oppliloble; indicote whether proposed or existing)
NA
Pleose Check Ono: X ChOlklist is 10 bo Faxod Balk 0 porsonolly Pickod Up
Appli18nt Name
St..hen J. FI.mina
Phon. 239-721-1564
Fax 239-495-21"
Sigaaflro D' Addres.., OIo<kIi.1 d... 101 ,ao,flflle Prajmaad!<< Sir'" No... appro,al." i. .a"lm fe flrtbar r.,jaw br lb. Addro.lie. Sediaa.
FOl STAFF lifE ONi r
Primary Number
Addr... Numb.r
Address Number
Address Numb..
Approvod by
Dote
Variance Application rev. 12J23104
Agenda Item No. 7 A
February 12, 2008
Page 22 of 49
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
I Trans Number I Date I Post Date I Pavrnent SliD Nbr I
1684873 I 7/1112006 3:31:34 PM T7/11/2006 I AR 10092 I
Appl Name: STEPHEN J. FLEMING, P.E.
Appl Stage/Status: COMPLETENESS STAGE/PENDING
Address: 20623 EAST GOLDEN ELM DRIVE ESTERO FL 33928
Proj Name: MINI-SUPERMARKET
Type: TAZ:
Subdiv Nbr: 100
Project Nbr: 2006070037
Payor: MAYMUDA
Fee Information
Fee Code Descriotion' GL Account Amount Waived
11LGAD LEGAL ADVERTISING 13113832634195000000 $1092.00
11ZVAR ZONING VARIANCE FEE 13113832634128000000 $5000.00
Total $6092.00
Payments
Pavment Code AccountlCheck Number Amount
CHECK 0094 $5000.00
CHECK 0095 $729.00
CHECK 0096 $363.00
Total Cash I $0.00 I
Total Non-Cash $6092.00
Total Paid I $6092.00 I
Memo:
Cashier/location: LAURAWELLS / 1
User: PUIG_J
Collier County Board of County Commissioners Printed:7/11/2006 3:32:40 PM
CD-Plus for Windows 95/NT
www.sunbiz.org - Department of State
AgendaIf~~cP.~~
February 12, 2008
Page 23 of 49
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_'.....,~...~._~,_"_,.,...__~,-,._,.,.~".,""'~,...,"_..,,.'".".~ _r~_.;. . ".....,...',_"'_b_~_"_'_~~_._"_...'__.___~_.
Detail by Entity Name
Florida Profit Corporation
MAHMUDA, INC.
Filing Information
Document Number P02000029149
FEI Number 470856055
Date Filed 03/1812002
State FL
Status ACTIVE
Effective Date NON E
Principal Address
521 SOUTH FIRST STREET
IMMOKALEE FL 34142
Mailing Address
521 SOUTH FIRST STREET
IMMOKALEE FL 34142
Registered Agent Name & Address
RAHMAN, MOHAMMED M .
583 107TH AVE N
NAPLES FL 34108
OfficerlDirector Detail
Name & Address
Title DP i
RAHMAN, MOHAMMED1J .
13056 VALEWOOD DR.
NAPLES FL 34119
Title DVST
RAHMAN, MOHAMMED A
521 SOUTH FIRST STREET
IMMOKALEE FL 34142
Annual Reports
http://www.sunbiz.org!scripts/cordet.exe?action=DETFIL&inq_doc _ number=P020000291... 6/12/2007
www.sunbiz.org - Department of State
Agenda ft!!IW~,of ~
February 12, 2008
Page 24 of 49
Report Year Flied Date
2005 04/28/2005
2006 04/17/2006
2007 04/30/2007
Document Images
04/3012007 - ANNUAL .REPORT
Q4/17I2POI:l-ANNUAL REPORT
Q412t3/200S - ANNUAL RE:PORT
QSIQ3!20Q4-::.ANNUAL..REP0.RT
QSLQ.S!2QQ3_-::ANN.UA.L.RE:PQRT
Q31H!.l2QQ2-:: PQm~.stil;;.PI()fi!
I Note: This is not official record. See documents if question or conflict I
HO. '"..' . _... _.. . .__ .,____._..
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Copyright @ 2007 State of FlorIda, Department of State.
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_ doc _number=P020000291.n 6/12/2007
_ This Instrument Prepared By:
. Philip l. Burnett, P.A.
P.O. Box 2258
Ft. Myers, FL 33902
Agenda Item No. 7 A
2961957 .OR: 3014 Fpt;"~~~~f~~
1lJC01D1D in GmCIAL DCOJDS Gf COLLIII COlli", rL
04/01/1001 at 18:5811 DWIGHT I. BIGeI, ctlll
con lUtU.OO
DC PlI U.50
DOC-.10 1015.0'
Property Appraiser's Parcel #
00079760009
letn:
PRIm L sumTT
PO BOI m8
IT IlTIRS lL mOl
Grantee's Tax J.D. #
VA-2007-AR-I0092 3rdREV
PROJECT 2006070037
DATE: 5/29/07 DUE: 6/12/07
WARRANTY DEED
THIS INDENTURE, made this :Z9:f,(day of March 2002, between PATSY J.
RANKIN, a divorced woman, whose post office address is 2501 11 TK street W 0, Lehigh
Acres, FL, 33971 of the County of Lee, State of Rorida. Grantor, and MAHMUDA,INC., a
Florida corporation, whose post office address is 521 South First Street, Immokalee, FL
34142, Grantee.
WITNESSETH, that said Grantor, for and in consideration of the sum ofTEN
($10.00) AND NO/100 DOLLARS, and other good and valuable consideration to said
Grantor in hand paid by said Grantee, the receipt and sufficiency whereof are hereby
acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs,
successors and assigns forever, the following described land, situate, lying and being in
Collier County, Florida, to-wit .
Description of parcel lying in the East Yz of the Northeast Yo of the Southwest Yo of Section
32, Township 46 South, Range 29 East, Collier County, Florida.
Commencing at the Northeast corner ofthe East Yz ofthe Northeast Yo of the Southwest Yo.
of Section 32, Township 47 South, Range 29 East, Collier County, Florida, run South
88049'30. West 663.40 feet; thence South 01003'30" East 39.37 feet to the Point of
Beginning, said point being at the intersection of the West line of said East Y, of the
Northeast Yo. of Southwest Yo. and the South line of Lake Trafford Road; thence continue
South 01003'30" East 290.63 feet; thence North 89001'00" East 135.00 feet to the West
boundary of Warden Lane; thence North 01003'30" West 290.59 feet along said West
boundary to the South boundary of Lake Trafford Road; thence South 89003'30. West
135.00 feet along said boundary to the Point of Beginning.
THIS PROPERTY IS NOT AND HAS NEVER BEEN THE HOMESTEAD OF THE HEREIN
GRANTOR, NOR IS IT CONTIGUOUS TO THE HOMESTEAD OF THE GRANTOR.
And, except as set forth herein, the said Grantor does hereby fully warran1 the title to said
,-
C'd
SOH-S69-6Cl
uew~e~ pewwe~ol^J
ea: L ~ LO Ol JdV
Agenda Item No. 7 A
*** OR: 3014 rp~~~~jlft*
land, and will defend the same against the lawful claims of all persons whomever_
IN WITNESS WHEREOF, Grantor has hereunto set her hand and seal the
day and year first above written.
Signed, sealed and delivered
i~ our pres~ce:
sign ':::d:L I..I~
print n res&... s-t., {(:e.J!,.
sign <..-~~ ;C ~..~
print j>N/t/F'L. B&t-e.,j~
A(t'~ ~d~
PATSY . . ANKI
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument w before me this .2.P*day of
March, 2002, by PATSY J. RANKIN, wh l'leFSsA311y known t e orwho has produced
as identification and who did e
NOTARY PUBLIC
sign Q~ A'. ~
print 7.1.f/L./ L . t:3~/,eA.lt;=='/1
Commission No. CCC}713..s d'
My Commission Expires:
.~ Philip 1.. Burnett
~ \r.nmmfMlI'Wll' ex: 971358
i. . - "-'- Oct. l,:lOM
- :: ~~!hnL
.. A!lIla& BaodIog eo.. !III.
p'd
90l ~ -969-61:2:
uew4e~ pewwe40Vll
ell: ~ ~ lO 02: Jd\f
J~~07-2006 11:01 ~M QUICK W~Y MKT FL-I71
239 36B 2331
A P.0S
genda Item No, 7 A
Februa~008 .
Page 27 of ~e.~
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t-~ 'AmilrlC_nLRnll nrtllAallDllriDn _H.I1OJ/WIIhFlqlidd'<d1ia/
c~~ \ ~ . .~,u.\-... __d -- - .- --- -
y~ ~:tO ~~.,,~l.e. O....'NER.S'/Trl.I\lNSURANa,.rouCy
~~ · ~ l ~.,.: ,of
~ ",\1 . :~ .,.,~ ~}~~ Attorneys' TJde 1uJJp..~ Fund, Inc.
"'J" ~':f ~
i.. f.~ """~.~ ORU.NDO.FLORIDA
,~.
i! i stHHEGr TO THE EXCLUSIONS FROM COvt:R.Wu,IHE. EXCF.PTlONS FROM
I ~ COVERAGE COXTAlNW IN SCHEDULE B ,\ND THE CONDITIONS AND
. ~'TII'L'L~TlONS. ATTORNEYS' TITLE I?-;SURANCE FtT1\D. INC.. a Florida
I corponuion, herein called The F LUI~ insum, as of Date of Poli'1' shown in ;5'l1l:dult= A.
I :l!!'UI1!il ~ or rl:uJlll/lc, 1l0l cXlccding the Amount of Insurance s[atl'd JrI Schedule
5 A, sulllaiJlt-d or incurred by the in!IHrro by n:iOOll of:
t
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1:
,
L Tide [11 the estate or imerl'Slde.'II'.n1x:t.lin SchcdulcAbeingvested other than 3.!
!\l=tllheain;
2. Any ddecl in or lien or encumbrance an Ult, lillr:
3. Urunarkelability ofth~ ride;
4. Lack elf a right of llCCe&S \0 and trom the land.
Tbe: Fund will aho pay the COSl5, auorneys' feel and expensesl1u:urred in defense of the title,
3.\ insured, bill on~ to the extent proviW:d in dJe <Jlnditions and Stipulalions.
In IWMs WMrttf, ATIORNF$ TITLE INSURANCF. FUND, INC. has caused this polity
to be signed and sealed,alI of Ollie of PoliLy mown in Schedule A. the policy to become
valid whcu cuwllt:r5gned by an .uthorizelhignawr}'.
,." ~. .
...,_:::~~; \N~~'~.i' .~ ,
~'~...7' (:"l'"'~";~ :~' ..'
AtlOme)/l' TItle InsunJ1ce FaDd, lAc.
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Pre sidell t
SERIAL
.
113324
ISSUED BY:
"hilip L. Burnett, Esquire
',)\-\\Up I. BURNETT, PA
OPM.
A9Bnl'
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Agenda Item No. 7A
February 12, 2008
Page 28 Op4Jc..f 2--
\ ,
. OWNER'S'flORM .;
SCHEDuLE A
Policy No: OPM-713324
Effective Date: April a, 2002
11 :00 p.m..
Agent's File Reference: 2507-4
.' : . . .
Amounl of Insurance: $145,000.00
1.
Name of Insured:
MAHMUDA,INC., a.F-lorida.corporallon
2.
The estate or interest in the l'lnd described .herein and which Is cover!'d Qy.lhis policy Is a fee Simple (if other.
specify same) and is at the effective date'hereof vested in the named Insured 'as shO\\/n by instrument recorded in
Official Records Book 3014 Page 1841 of the Public Records of ColUer County, Florida.
3.
The land referred to in this policy is described as follows:
Description of parcel lying in theEas~.'h oU!)e. Nprthe.as~ '/.ofthe,Squthwest 'I. of Section 32,
Township 46 South, Range 29.East, Collier County, Florida,
Commencing at the Northeast comer of the East 'h of the Northeast'/. of the Southwest 'I. of
Section 32, Township 47 South, Range 29 East, Collier County, Florida, run South 88049'30"
West 663.40 feet; thence SOllth 01 ~03'30"East311.37feettothe Pelntof Beginning, said point
being at the intersection of the Westline .of-sald EastYz of the Northeast '/. of Southwes,t 'I.
and the South line of Lake Trafford Road; thence con~nue South 01"03'30" East 290.63 feet;
thence North 89"01'00" East 135.00 feet to the West boundary ofWardfm Lane; thence North
01003'30" West 290.59 feet along said WaSt boundary to the South boundary of Lake Trafford
Road; thence South 89'03'30" West 135.00 feet along said boundary to the Point of
Beginning.
I. the undersigned agent, hereby certify that
. Ihe trans'lction insured herein is governed by RESPA,
- if Yes \0 the above, I have performed all 'core tiDe agent services."
_Yes_X_No
_Yes_No
ISSUED BY:
Philip L Burnett, Esquire
PHILIP L. BURNETT, PA
Agent No. 5378
~~ Z'. ~
Agent's Signature ,---.
P.O. Box 2258
Fort Myers, FL 33902
~:j1" r
fD~
S1\V~ }NC.
fI'lV'D"
(\'\ ,,11 " \YI (Y'l ~ ~
f (to ('I' fi1~ t\ ~
.... I
. tl ffl It J"
~fl
Agenda Item No. 7 A
February 12, 2008 t: ~
Page 29 of plJC-J'- /
FUND OWNER'S FORM
SCHEDULE B
Policy or Guarantee No.: OPM-713324
This policy or guarantee does not insure against loss or damage by reason of the following exceptions:
, . Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments, which are not shown as
existing liens by the public records.
2. Encroachments. overlap.. bounda')' line disputes. and any other maHers. which would be disclosed by an accurate survey and
inspection of the premises.
3. Easements or claims of easements not shown by the public recordS.
4. Any adverse ownership claim by the State of Florida by right of sovereignly to any portion of the lands insured hereunder.
including submerged, filled and artificially exposed lands, and lands accreted to such lands.
5. Covenants conditions and restrictions recorded June 5. 2001, in O.R. Book 922. Page 1396. Public Records of Collier County,
Florida.
6. Reservation of a 60 foot roadway for State Road 850, as shown in QR Book 460, Page 170, Public Records of Collier County,
Florida.
7. Easement in favor of Lee County Electric Co-Operative, Inc., contained in instrument recorded July 9. 1973, O.R. Book 539.
Page 32, Public Records of Collier County. Florida.
8. The terms and conditions of an easement over Lots '.15, Block F, Trafford Mobile Estates, from Shop and Go, Inc. to Collier
County, as described in O.R. Book 726, Page 1958, Public Records of Collier County, Florida.
9. Easement in favor of Immokalee Water and Sewer District. contained in instrument recorded March 23,1981, O,R. Book 909,
Page 1808, Public Records of Collier County, Florida.
10. Mortgage from MAHMUDA, INC. to FLORIDA COMMUNITY BANK. dated March 29, 2002. recorded AprilS, 2002. at 8:58 A.M.
in Official Records Book 3014, Page 1843 of the Public Records of Collier County, Florida.
NOTE: Public Access to Warden Lane is provided by dedication to Collier County on the plat of Trafford Mobile
Estates as recorded in Pial Book 19, Page 65.
Form OG!OP/OPM-SCH.B
.......'..
Agenda Item No. 7 A
(American Land Title Association Owner's Policv - 4-6-90) (With Florida Modi(icationfjebruary 12, 2008
~ "._",-,~_... '~'-. .,...............~.'..........". ,.::......:.iii4.;..:,..."c.... '''~:~o-?1:'49
OWNER'S TITLE INSURANCE POllCY
Attome}s' TItle Imuranre Fnnd, me.
ORLANDO, FLORIDA
SUBJECf TO THE EXCLUSIONS FROM COVERA.GE, THE EXCEITIONS mm I
COVERAGE CONTAINED IN SCHEDULE 13 AND THE CONDITIONS AND
STIPUlATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florid"
corporation, herein called The Fund, insures, as of Date ofPolic)' shown in Schedule A.
ag<11nst loss or damage, not exceeding the Amount of Insurance stated in Schedule:
A, sustained or incurred by the insured by reason of:
I. Title to the estate or interest described in Schedule A being vested other than a.,
stated therein;
2. Any defect in or lien or encumbrance on the title;
3. UnmarketabiIityofthe title;
4. Lack of a right of access to and from the land.
I
The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the tilk-.
as insured, but only to the extent pl-O\~ded in the Conditions and Stipulations.
In Witness I>Wzerwj,ATIORNEYS' TITLE INSURAi'1CE FUND, lNC. has caused this policy
to be signed and sealed as of Date of Policy shown in Schedule A, the policy to beco",,,
valid when countersigned by an authorized signatory.
''''''''''''''
.".".~ \NSUI?~"""
",' ',......' \..' 1-,...:""
,. '(\'"
:/ 1:,7-' (.onpoi?-1~ .-f\ \.
:1(1: .f' C::.
~~, , ~}
'- '; SEM. ~:
~';. 6--' .')/
... "
""" ,cIOI?\Dr-- ,,' ,.'
""""'''''''1''\\'
Attorneys' Title Insurance Fund, Inc.
~~
By
Charles J. Kovaleski
PreSident
SERIAL
ISSUED BY:
Philip L. Burnett, Esquire
PHILIP L. BURNETT, PA
OPM-
713324
Agent
-,.--'~ ....
""" ~~".....~ . .....,.~. -........
Agenda Item No. 7A
February 12, 2008
Page 31 of 49
OWNER'S FORM
SCHEDULE A
Policy No: OPM-713324
Effective Date: April 8, 2002
11 :00 p.m.
Agent's File Reference: 2507-4
Amount of Insurance: $145,000.00
1.
Name of Insured:
MAHMUDA, INC., a Florida corporation
2.
The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other.
specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in
Official Records Book 3014 Page 1841 of the Public Records of Collier Counly, Florida.
3.
The land referred to in this policy is described as follows:
Description of parcel lying In the East % ofthe Northeast V. ofthe Southwest Y. of Section 32,
Township 46 South, Range 29 East, Collier County, Florida.
Commencing at the Northeast corner of the East % ofthe Northeast V. of the Southwest Y. of
Section 32, Township 47 South, Range 29 East, Collier County, Florida, run South 88049'30"
West 663.40 feet; thence South 01003'30" East 39.37 feet to the Point of Beginning, said point
being at the intersection of the West line of said East % of the Northeast Y. of Southwes t ,/,
and the South line of lake Trafford Road; thence continue South 01003'30" East 290.63 feet;
thence North 89001'00" East 135.00 feet to the West boundary of Warden Lane; thence North
01003'30" West 290.59 feet along said West boundary to the South boundary of Lake Trafford
Road; thence South 89003'30" West 135.00 feet along said boundary to the Point of
Beginning.
I, the undersigned agent, hereby certify that
. the transaction insured herein is governed by RESPA,
. if Yes to the above, I have perfonned all 'core title agent services."
_Yes_X_No
_Yes_No
ISSUED BY:
Philip L. Burnett, Esquire
PHILIP L. BURNETT, PA
Agent No. 5378
'"\"-
---./' 0./ /y', '.
~:-'~/4~~; L. 4-{,;'.;>~
/Agent's Signature :::"'-
,P.O. Box 2258
Fort Myers, FL 33902
vv.u.u..Lw.v.....t.o:l> ~- ..........:r....:..:.-.-..:....:....:..:. ~...._~'-------_..- --~
1.cja#,,","'.
Agenda Item No. 7A
February 12, 2008
Page 32 of 49
FUND OWNER'S FORM
SCHEDULE B
Policy or Guarantee No.: OPM-713324
This policy or guarantee does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments. which are nol shown 23
existing liens by the public records.
2. Encroachments, overlaps, boundary line disputes, and any other matters, which would be disclosed by an accurate survey ane
inspection of the premises.
3. Easements or claims of easements not shown by the public records.
4. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder.
including submerged, filled and artificially exposed lands, and lands accreted to such lands.
5. Covenants conditions and restrictions recorded June 5, 2001, in O.R. 800k 922. Page 1396. Public Records of Collier Co"nl)'.
Florida.
6. Reservation of a 60 foot roadway for State Road 850. as shown in O.R. Book 460. Page 170, Public Records of Collier Counl/.
Florida.
7. Easement in favor of Lee County Electric Co-Operative. Inc., contained in instrument recorded Juiy 9. 1973. OR. Boo^ 53,.
Page 32, Public Records of Collier County. Florida.
8. The terms and conditions of an easement over Lots 1-15, Block F, Trafford Mobiie Estates, from Shop and Go. Inc. 10 Co:::"r
County, as described in O.R. Book 726, Page 1958, Public Records of Collier County, Florida.
9. Easement in favor of Immokalee Water and Sewer District, contained in instrument recorded March 23. 1981, O.R. Book 909.
Page 1808, Public Records of Collier County. Florida.
10. Mortgage from MAHMUDA, INC. to FLORIDA COMMUNITY BANK, dated March 29, 2002, recorded AprilS. 2002. 518:53 AI,'
in Official Records Book 3014, Page 1843 of the Public Records of Collier County. Florida.
NOTE: Public Access to Warden Lane is provided by dedication to Collier County on the pial of Trafiord ~.1o~;.:lc
Estates as recorded in Plat Book 19, Page 65.
Form OG/OP/OPM-SCH.B
,
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-
This Instrument Prepared By:
Thomas K. Boardman
BOARDMAN & SPILLER, P.A.
1400 North 151h Street, Suite 201
Immokalee, Florida 34142
Agenda Item No. 7 A
February 12. 2008
2961958 OR: 301~a'G?0~~3
RICORDID In OFFICIAL RICORDS of COLLIIR COUHTY, IL
01/08/2002 at 08:58AM DVIGHT 8, BRocr, CLIRr
om 115000.00
OBLI 115000.00
RIC 111 11.00
DOC-.3\ 131.50
INT-.OOl 1\0.00
Parcel J.D. No.: 00079760009
Retn:
PIIILlP L BURRITT
PO BOI 11\8
IT KY!RS IL 33901
MORTGAGR
,(
THIS MORT EDEED herei fterreferred to as the "Mortgage", executed this :)7 d:1Y
of March, 2002, by :AHMUDA; INC., Florida corporation, whose address is 521 South First
Street, Immokalee, orida 34142 mafter referred to as the "Mortgagor", to FLORIDA
COMMUNITY BAN ose address is 1400 North 15th Street, Tmmokalee, Florida 34142,
hereinafterreferred to as the "Mortgagee",
WHEREAS, Mortgagor is indebted to the Mortgagee in Ihe principal sum of ONE
HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000.00), which
indebtedness is evidenced and represented by a certain promissory nDte in said principal aI110un:,
executed and delivered by the Mortgagor to and in favor of the Mortgagee of even date herewith,
hereinafter referred to as the "Note", payable with interest as provided therein ,md maturing as su!ted
therein; and
WHEREAS, the Mortgagee, as a condition precedent tD the extension Df credit Dr the
making of the loan to the Mortgagor, as evidenced by the Note, has required that the MDrtgagDr
provide Mortgagee with security for the payment or repayment of the indebtedness represented by
the Note and for the perfonnance, observance and discharge by the MDrtgagor of the various
covenants, stipulations and agreements made by Mortgagor to, and, in favor of and for the bene/it
of Mortgagee with respect to said indebtedness;
NOW THEREFORE, in consideration of and in order to secure the payment or repaYll1c"t
of the aggregate principal sums of money set forth in the Note, tDgether with in(eresllhereon and :\11
other sums of money secured hereby, as hereinafter provided, and also in order to secure the
observance, perfonnance and discharge by the Mortgagor of all covenants, stipulations Ul1d
agreements of the Mortgagor to, with, in favor of and for the beneJit of the Mortgagee, identified
herein and any other documents or instruments set forth herein and in any other documents or
instruments executed by Mortgagor to and in favor of Mortgagee for the purpose of evidencing or
securing the indebtedness of the Mortgagor, represented by the Note, and for other good ,md
valuable considerations, the Mortgagor hereby grants, bargains, sells aliens, remises, conveys and
confinns unto the Mortgagee all of Mortgagor's interest in that certain piece, parcel or tract of lanel
or real property of which the Mortgagor is now seized and in possession, situate in Collier COUllly,
Florida, to-wit:
All property described in Exhibit "An which is attached hereto and made a part hereof.
"'::~ '
Agenda Item No. 7 A
February 12, 2008
Page 38 of 49
General Affidavit
State of Florida
County of Collier
Before the undersigned, an officer duly commissioned by the laws of Florida,
personally appeared Mohammed A. Rahman & Mohammed M. Hossain who having
been duly sworn deposes and says:
The purpose of this instrument is to authorize Mohammed M. Rahman to act on
behalf of owner's Mohammed A. Rahman. and Mohammed M. Hossain with regard
to the new development located at 2393 Lake Trafford Rd, Immokalee, FI 34142,
which is owned by Mahmuda, Inc.
Mr. Mohammed M. Rahman is the President of Mahmuda, Inc. who owns 40% of the
shares in the corporation. Mr. Mohammed A. Rahman and Mohammed M. Hossain
each own 30% share in the corporation.
Signed: ~cJ. AA.ttf.,., ~"'^-signed:
Mohammed A. Rahman
~
~7)
Mohammed M. Hossain
Subscribed and sworn to before me this 24th Day of January, 2007, by Mohammed A.
Rahman who identified himself with a Florida Drivers License & Subscribed and
sworn to before me this 24th Day of January, 2007, by Mohammed M. Hossain who
identified himself with a Florida Drivers License.
Signe~ ~~.0, ~~
..J Judith P. Null
Notary Public
J":~ JLJ:Ilh ~ NUl
. . MyCommluionD0204550
\~t;I Expires Jtre 21, 2007
Commission number: 00204550 Commission expires: June 21, 2007
V A-2007-AR-10092 2ND REV
PROJECT 2006070037
DATE: 3/23/07 DUE: 4/6/07
(i)
Agenda Item No. 7 A
February 12, 2008
Page 39 of 49
AFFIDAVIT
We/I, MoH-/I M IVIE']) . /Yl VlIHlM,wbeing firat duly sworn, depose and say that _/1 am/are II1e owners of II1e
properly described herein and which is II1e sub;ed ~ of II1e proposed hearing; that alllI1e ans_s fa II1e questions in this
application, inducting II1e disclosure of interuf information, all sl<etches, dafo, and 0""" suppIemenfory ~ affoched fa and
made a part of IIris application, are hanest and true fa II1e &e.I of our Imowledge and belief. We/I unde<sfond that II1e
infonnalion req""sIed on IIris opplication must be comple1e and accurate and that II1e content of this form, """".... compuler
1I~_ofed or County printed shall not be altered. Public hearings will not be adverlised unhl this application is deemed
complete, and all required information has been submitted.
As properly owner We/I fur".... authorize :s::k.ph~l\:::r. F('V'I:~. PE-
in any mailers regarding this Petition. ~
to ad at our/my represen#ofive
'""^~ A-J>... -~.
Signa1ure of Properly Owner
Signature of Properly Owner
I'll () I-HrIVl /l1 Gi) rYl R.Il fI M MJ
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The foregoing instrument was ocknowledged before me this b cloy of 0,-, {"If' 2~ by
f\\1'\ iJ""'--\:;' 4du..re,...hlY1'^,J;;;'i, personolly known to me or ha, produced ::tL D,;0-'" L, c ,.~..(' as
identification.
Stole of Florida
County of Collier
(Signature of Notary Public -
~'}(~
ip'"
LYNlIOA TAYLOR
Notarv lJ:..blic, Slate of Florida
My (;{1m;,\'!. expires Sept. 04, 2.009
No. DD 452925
-~
(Prinf, Type, or Stamp Comm;$$ioned
Name of Notary Public)
Varian<:< Application rov. 12123104
V A-2006-AR-10092
PROJECT #2006070037
DATE: 7/17/06
CAROLINA VALERA
Details Agenda~1mIi ~8.f7k
February 12, 2008
Page 40 of 49
,
II
Property Record II
Sketches l
~
Folio No.11 00079760009
Current Ownership
Property Add""'.1I Z393 LAKE TRAFFORD RO
{I
Owner Name
Addresses
C
MAHMUDA INC
521 S 1ST ST
IMMOKALEE
State FL
ZI 134142 - 4398
Legal 3246 Z9 NZ90.53FT OF S
1290.84FT OF W135FT OF E1/2
OF NE1/4 OF SW1/4 OR 1502 PG
45
.For more than four lines of Legal Description please call the Property Appraiser's Office.
II
I
I
I
I
I
Section ! Township ~ Range II ACnlS
32 46 29 0.9
Sub No. 100 ACREAGE HEAOER
Use Code 11 IMPROVEO COMMERCIAL
Ii
I -Il MiI~oe Area
Map No.
1E3Z
I Stra No.
46Z932109.oo01E32
'1J MlllaoB
15.041
2006 Final Tax Roll
(Subjectto Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 68,561.00
(+) 1m roved Value $ 78.861.00
~ Market Value $ 147,522.00
(-) SOH Exempt Vafue $ 0.00
~ Assessed Value $147,522.00
H Homestead and other Exempt Value $ 0.00
(= Taxable Value $147,522.00
SOH = ~Save Our Homes" exempt value due to cap on assessment
Increases.
Latest Sales History
Date
07 1 2002
041 2002
Book - Page
3080 _ 2495
3014 -1841
Amount
$ 0.00
$ 145,000.00
The Information is Updated Weekly.
http://www.collierappraiser.comlRecordDetail.asp?Map=No&FolioID=0000000079760009
4/6/2007
Agenda Item No. 7 A
February 12, 2008
PRO.E:CT
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DAlTE: 7/17/06
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February 12, 2008
Page 42 of 49
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Agenda Item No. 7 A
February 12, 2008
Page 43 of 49
Garden Lake of Immokalee, Ltd
7865 Southside Blvd
JaeksoDville, Florida 32256
February 13,2001
Stephen J. Fleming
Stephen J. Fleming and Associates, Inc
24830 Tamiami Trail #3500
Bonita Springs, FI. 34134
RE: Variance request
Dear Mr. Fleming,
Pursuant to our conversation yesterday we are requesting tbat you provide an 8-foot high masamy buffer
wall starting at the beginning of your property line on Lake Trafford Road and continue the entire 1ength of
your property that ends at the back of the proposed 4,780 S. F. single story block structure.
As also discussed. we do not want to have any pedestrian access points to and fiom our property. We bave
assumed that a sidewalk would be provided alnng Lake Trafford Rd.
Please provide me, a letter stating that you will make the above-suggested changes as part of your
application to Collier County for site approval and building permit.
Sincerely,
~""IJL~..--J
Sanford L. Seligman
General Partner
Garden Lake of Immokalee, Ltd
VA-2007-AR-10092 2ND REV
PROJECT 2006070037
DATE: 3/23/07 DUE: 4/6/07
Agenda Item No.7 A
February 12, 2008
Page 44 of 49
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2008
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Agenda Item No. 7 A
February 12, 2008
Page 46 of 49
RESOLUTION 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2006-AR-10092, FOR A 15-FOOT VARIANCE
FROM THE REQUIRED ISO-FOOT LOT WIDTII TO 135 FEET
AND A is-FOOT VARIANCE FROM THE REQUIRED 40-
FOOT SIDE YARD SETBACK TO 25 FEET FOR A PROPOSED
AUTOMOBILE SERVICE STATION LOCATED AT 2393
LAKE TRAFFORD ROAD. AS FURTHER HEREINAFl"ER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125. Rorida 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
(Ordinance No. 2004-41. as amended) which establishes regulations for the zoning of particular
geographic divisions of the County. among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a IS-foot variance from
the required 150~foot lot width requirement to 135 feet, and a IS-foot variance from the required
40-foot side yard setback to 25 feet, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters required by said regulations
and in accordance with Sections 5.05.05. and 9.04.00 of the Zoning Regulations of said 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 considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that
Petition VA-2006-AR-lOO92 filed by Stephen J. Fleming, P.E. of SIF and Associates.
Inc., representing Mohammed M. Rahman, with respect to a proposed automobile service station
on property located at 2393 Lake Trafford Road, Immokalee, Florida, as further described in the
attached Exhibit B, be and the same hereby is approved for a IS-foot variance fcom the required
150-foot lot width requirement to 135 feet, and a IS-foot variance from the required 40-foot side
yard setback to 25 feet as shown on the attached site plan, Exhibit A, subject to the following
conditions:
Page 10f2
Agenda Item No. 7 A
February 12, 2008
Page 47 of 49
1. The 15-foot variances granted are limited to the side yard encroachment for
the proposed convenience store along the west property boundary and fo a 15-
foot lot width reduction. as depicted in the applicant's submitted site plan
dated February 14,2007. included as Exhibit A.
2. In addition to the required landscaping on the outside of the 8-foot high wall.
the inside of the wall shall be landscaped with a single row 3-foot minimum
high hedge planted a minimum of 3 feet on center and maintained at a
minimum height of 5 feet.
3. There shall be no outdoor speakers except for those required by a governing
authority.
4. The hours of business operation are limited to 5 a.m. to 11 p.m.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2006-AR-l0092 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this _ day of
.2008.
ATrEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNfY, FLORIDA
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
By:
Attachments:
Exhibit A - Site Plan dated February 14,2007
Exhibit B - Legal Description
Page 2 of2
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Agenda Item No. 7A
February 12, 2008
Page 49 of 49
lEGAL DESCRIPTION:
Description of parcel lying in the East Yz of the Northeast Y. of the Southwest Y. of Section
32, Township 46 South, Range 2fJ East, Collier County, Florida.
Commencing at the Northeast comer ofthe East Yz of the Northeast Y. ofthe Southwest Y.
of Section 32, Township 47 South, Range 29 East, Collier County, Florida, run South
88049'30' West 663.40 feet; thence South 01.03'30" East 39.37 feet to the Point of
Beginning, said point being at the intersection of the West line of said East Yz of the
Northeast Yc of Southwest Y. and the South line of lake Trafford Road; thence continue
South 01003'30. East 290.63 feet; thence North 89001'00. East 135.00 feet to the West
boundary of Warden Lane; thence North 01003'30. West 290.59 feet along said West
boundary to the South boundary of Lake .Trafford Road; thence South 89003'30. West
135.00 feet along said boundary to the Point of Beginning.
EXHIBIT "B"