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