Resolution 2020-126RESOLUTION NO. 20 - 12 6
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS APPROVING A SITE PLAN WITH
DEVIATIONS PURSUANT TO LDC SECTION 10.02.03.F
AND SEVEN TOTAL DEVIATIONS, INCLUDING ONE
DEVIATION FROM SECTION 4.06.02.C.4 TO REDUCE THE
NORTH BUFFER WIDTH; THREE DEVIATIONS FROM
SECTION 5.05.05.E.1 TO REDUCE THE LANDSCAPE
BUFFER WIDTH ON THE EASTERN PROPERTY LINE,
ALLOW NO UNDULATED BERM ON THE EAST
PROPERTY LINE AND REDUCE THE TREE CLUSTERING
AND SPACING TO ALLOW THE EXISTING TREES TO
REMAIN; ONE DEVIATION FROM SECTION 4.06.02.D.4
TO ALLOW THE STORAGE STRUCTURE TO REMAIN
WITHIN THE SOUTH LANDSCAPE BUFFER; AND TWO
DEVIATIONS FROM SECTION 5.05.05.11.1 TO REDUCE
THE SETBACK ON THE NORTH PROPERTY LINE TO
25.55 FEET AND TO REDUCE THE SETBACK ON THE
SOUTH PROPERTY LINE TO 16.8 FEET; FOR
REDEVELOPMENT OF THE CONVENIENCE GAS
STATION PROJECT CONSISTING OF 1.72f ACRES
LOCATED ON THE WEST SIDE OF SANTA BARBARA
BOULEVARD, APPROXIMATELY 420 FEET NORTH OF
RADIO ROAD IN SECTION 32, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20180001785]
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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 includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the approval of Site Plans with Deviations; and
WHEREAS, the Board of County Commissioners has held a public hearing after notice
as in said regulations made and provided, and has considered the advisability of a Site Plan with
Deviations to allow for redevelopment of a convenience gas station project within the Berkshire
Lakes Planned Unit Development pursuant to Section 10.02.03.F of the Collier County Land
Development Code on the property hereinafter described, and the Collier County Planning
Commission has made findings that the specific requirements governing the Site Plan with
[I 8-CPS-0 1837/1526837/1] 117
7-Eleven DR / PL20180001785
3/3/20 Page 1 of 2
Deviations have been met and that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a 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 Number PL20180001785 filed by 7-Eleven, Inc., with respect to the property
hereinafter described in Exhibit A, be and the same is hereby approved for a Site Plan with
Deviations pursuant to Section 10.02.03.F of the Collier County Land Development Code, in
accordance with the Conceptual Site Plan with Deviations described in Exhibit B. Exhibits A
and B are attached hereto and incorporated herein by reference.
Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second, and majority vote, this /Y#Lday of
2020.
ATTEST:'
CRYST4t".k,,." ki�4ZEL-,CLERK
By K.LaC' .
MTV, Clerk
as fo,
Sigwta
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders, Chairman
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan with Deviations
[I 8-CPS-01837/1526837/ 11117
7-Eleven DR / PL20180001785
3/3/20 Page 2 of 2
EXHIBIT A
[Corrected legal description pertaining to OR Book 4678 Page 780 et seq.]
PARCEL 1: "Outparcel E"
A portion of Tract F Berkshire Lakes Unit One as recorded in Plat Book 14, Pages 118 through 120, in the
Public
Records of Collier County, Florida being further described as follows:
Commencing at the Southeast Corner of Section 32, Township 49 South, Range 26 East; thence along
the South line of the Southeast Quarter of said Section 32, North 890 35'47" West, 100.00 feet; thence
North 00°07'01"W, 75.00 feet; thence North 00007'01" West along the West right of way line of Santa
Barbara Boulevard 427.43 feet to the Point of Beginning; thence South 89°52'59"W , 166.47 to the point
of a curve concave to the Northeast having a radius of 10.00 feet, a central angle of 90000' 00", a chord
of 14.14 feet and a chord bearing of North 45°07'01" West thence along the arc of said curve 15.71 feet
to the point of tangency; thence North 00007'01" West, 220.73 feet to the point of a curve concave to the
Southeast, having a radius of 40.00 feet, a central angle of 113'40'39", a chord of 66.97 and a chord
bearing of North 5604319" East; thence along the arc of said curve, 79.36 feet to the point of tangency;
thence South 66°26'22" East, 68.14 feet; thence North 89°52'59" East,
58.00 feet; thence South 00°07'01" East along said West right of way 240.00 feet to the Point of
Beginning.
PARCEL 2: "Outparcel E-V
A portion of Tract "F" of "Berkshire Lakes Unit 1" according to the Plat thereof as recorded in Plat Book
14, at Page 118 through 120, in the Public Records of Collier County, Florida, referenced as Outparcel
"E" in 1580, Page 501 also of Public Records of Collier County, Florida, being further described as
follows:
Commencing at the Southeast corner of Section 32, Township 49 South, Range 26 East; thence along
the South line of the Southeast quarter of said section 32,
N 89°35'47"W for a distance of 100.00 feet; thence N00°07'01"W for a distance of 75.00 feet; thence
N00°07'01"W along the West right of -way line of Santa Barbara Boulevard for a distance of 427.43;
thence S89°52'59"W for a distance of 166.47 feet to the point of beginning; thence continue S89°52'59"W
for a distance of 100.00 feet to the point of curvature of a circular curve concave to the Northeast having
a radius of 10.00 feet and a central angle of 90°00'00"; thence along the arc of said curve for an arc
distance of 15.71 feet to the point of tangency; thence N 00°07'01"W for a distance of 250.00 feet to the
point of curvature of a circular curve concave to the Southeast, having a radius of 40.00 feet and a central
angle of 90°00'00"; thence along the arc of said curve for an arc distance of 62.83 feet to the point of
tangency; thence N89°52'59"E 39.54 feet to the point of curvature of a circular curve concave to the
South having a radius of 10.00 feet and a central angle of 23°40'39"; thence along the arc of said curve
for an arc distance of 4.13 feet to the point of tangency; thence S66°26'22"E 79.17 for a distance of feet
to the point of cusp of a circular curve concave to the Southeast, having a radius of 40.00 feet and a
central angle of 113040'39"; thence Westerly along the arc of said curve for an arc distance of 79.36 feet
to the point of tangency; thence S00°07'01"E for a distance of 220.73 feet to the point of curvature of a
circular curve concave to the Northeast having a radius of 10.00 feet and a central angle of 90°00'00";
thence along the arc of said curve for an arc distance of 15.71 feet to the point of beginning.
OVERALL LEGAL DESCRIPTION CREATED BY SURVEYOR:
A portion of Tract "F" of "Berkshire Lakes Unit 1" according to the Plat thereof as recorded in Plat Book
14, Pages 118 through 120, of the Public Records of Collier County, Florida, described as follows:
Page 1 of 2
Commence at the Southeast Corner of Section 32, Township 49 South, Range 26 East and run North
89°35'47" West along the south line of the Southeast Quarter of said Section 32, a distance 100.00 feet;
thence departing said south line run North 00007'01' West, a distance of 75.00 feet to a point lying on the
west right-of-way line of Santa Barbara Boulevard (200' right-of-way width); thence continue North
00°07'01"West along said right-of-way line, a distance of 427.43 feet to the Point of Beginning; thence
departing said west right-of-way line run South 89052'59" West, a distance of 266.47 feet to a point lying
on a curve concave northeasterly, having a radius of 10.00 feet, and a chord bearing bearing and
distance of North 45°06'37" West, 14.14 feet; thence northerly along the arc of said curve through a
central angle of 90°00'42", an arc length of 15.71 feet; thence departing said curve run North 00°07'01"
West, a distance of 250.00 feet to a point of curvature of a curve concave southeasterly having a radius
of 40.00 feet, and a chord bearing and distance of North 44°52'54" East, 56.57 feet; thence northeasterly
along the arc of said curve through a central angle of 89°59'50", an arc length of 62.83 feet to a point of
tangency; thence run North 89°52'59" East, a distance of 39.54 feet to a point lying on a curve concave
southerly, said curve having a radius of 10.00 feet and a chord bearing and distance of South 78°1T07"
East, 4.10 feet; thence easterly along the arc of said curve through a central angle of 23039'47", an arc
length of 4.13 feet; thence departing said curve run South 66°26'21" East, a distance of 147.32 feet;
thence run North 89°52'59" East, a distance of 58.00 feet to a point lying on the aforementioned west
right-of-way line of Santa Barbara Boulevard; thence along said right-of-way line run South 00007'01"
East, a distance of 240.00 feet to the Point of Beginning.
Page 2 of 2
CORNELISON
ENGINEERING MMOESIGN,INC.
January 30, 2020
7-Eleven #34816
3701 Santa Barbara Boulevard, Naples, FL
Parcel ID No. 23945007035
DR PL #20180001785
DEVIATIONS REQUESTED
Exhibit B
Deviation 1: LDC 4.06.02.C.4, Buffer Requirements
38039 Old 5"' Avenue
Zephyrhills, FL 33542
Tel. (813) 788-7835
Fax. (813) 788-7062
www.cornelison-eng.com
Deviation #1 seeks relief from LDC Section 4.06.02.C.4, Buffer Requirements, which requires a
10' type 'D' buffer to instead allow a minimum of an 8' landscape buffer along the north property
line.
Deviation 2: LDC 5.05.05.E, Right of Way Buffer Landscaping
Deviation #2 seeks relief from LDC Section 5.05.05.E.1.a, Right of Way Buffer Landscaping,
which requires landscaping adjacent to right of way external to the development project shall be
located within a landscape buffer easement which is a minimum of twenty-five (25) feet in width
to instead allow a 15' landscape buffer along the eastern property line. Please see the Landscape
Deviations East Buffer Exhibit included with this submittal.
Deviation 3: LDC 5.05.05.E, Right of Way Buffer Landscaping
Deviation #3 seeks relief from LDC Section 5.05.05.E.1.b, Right of Way Buffer Landscaping,
which requires an undulating berm with a maximum slope of 3:1 shall be constructed and
maintained at a minimum average height of three (3) feet to instead allow no undulating berm
along the eastern property line. Please see the Landscape Deviations East Buffer Exhibit
included with this submittal.
Deviation 4: LDC 5.05.05.E, Right of Way Buffer Landscaping
Deviation #4 seeks relief from LDC Section 5.05.05.E.1.c, Right of Way Buffer Landscaping,
which requires clusters of trees with spacing of trees in each cluster not exceeding 20' and
spacing between clusters not exceeding 25' to instead allow existing trees to remain in a linear
layout with clusters of new trees provided between existing trees. Please see the Landscape
Deviations East Buffer Exhibit included with this submittal.
Deviation 5: LDC 4.06.02.D.4, Sidewalks and Other Impervious Areas Must Not Occupy Any Part
of a Required Buffer
Deviation #5 seeks relief from LDC Section 4.06.02.D.4, Sidewalks and Other Impervious Areas
Must Not Occupy Any Part of a Required Buffer, which requires sidewalks and other impervious
areas must not occupy any part of a required alternative A, B, C, or D type buffer to instead allow
the existing storage area structure to be located within the required south landscape buffer.
Page of
CORNELISON
1 >;NclNcEl;ilvc
DF110, INC.
Site Plan with Deviation for Redevelopment Narrative — Deviations Only
Revised January 30, 2020, Page 2
Deviation 6: LDC Section 5.05.05.13.1, 40' Side Yard Setback along North Property Line
Deviation #6 seeks relief from LDC Section 5.05.05.B.1, 40' Side Yard Setback along North
Property Line, which requires site design requirements, Table 1, minimum setbacks, all structures:
side yard (ft.) = 40' (site standards), to instead allow a 25.55'± setback along the northern property
line.
Deviation 7: LDC Section 5.05.05.B.1, 40' Side Yard Setback along South Property Line
Deviation #7 seeks relief from LDC Section 5.05.05.B.1, 40
Property Line, which requires site design requirements,
structures: side yard (ft.) = 40' (site standards), to instead
southern property line.
Side Yard Setback along South
Table 1, minimum setbacks, all
allow a 16.8'± setback along the
Wage ..a of
7-11 NAPLES DR PL #20180001785
DEVIATION KEY SHEET
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Page L of
ANDERSON LESNIAK LIMITED, INC. 7-11 NAPLES SCALE = 1 " = 20'-0"
landscape architects land planners SDP L20180001683
4921 S. WESTSHORE BOULEVARD DEVIATION EXHIBIT
TAMPA, FLORIDA 33611
EAST BUFFER -
(813) 831-9595 FAX 831-5485 NORTH PORTION
anderson.lesniak@tampabay.rr.com DATE: 07-08-2019
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Page D S of
ANDERSON LESNIAK LIMITED, INC. 7-11 NAPLES SCALE = 1 " = 20'-0"
landscape architects land planners SDP L20180001683
4921 S. WESTSHORE BOULEVARD DEVIATION EXHIBIT
TAMPA, FLORIDA 33611
(813) 831-9595 FAX 831-5485 EAST BUFFER -
anderson.lesniak@tampaba .rr.com SOUTH PORTION DATE: 07-08-2019