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Resolution 2021-227 RESOLUTION NO. 21- 2 2 7 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 GOLDEN GATE BOULEVARD AND WILSON BOULEVARD, ALSO KNOWN AS TRACTS 143 AND 144, GOLDEN GATE ESTATES UNIT NO. 11 SUBDIVISION, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20210001723) 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, Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005 desires to establish a 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, Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005 seeks a waiver to allow a separation distance of 130 feet between the proposed facility with fuel pumps, located at the northwest corner of Golden Gate Boulevard and Wilson Boulevard, also known as Tracts 143 and 144, Golden Gate Estates Unit No. 11 subdivision, and the existing 7-Eleven facility with fuel pumps, located at the northeast corner of Golden Gate Boulevard and Wilson Boulevard, at 23 Golden Gate Blvd W, Naples, FL 34120, also known as the South 330 feet of Tract 1, Golden Gate Estates Unit No. 14 subdivision; and WHEREAS, this petition is a companion item to the proposed Estates Shopping Center CPUD amendment (PL20190002354) being heard by the Board of County Commissioners pursuant to Land Development Code section 10.02.13; 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. [21-CPS-02127/1668590/2] 9/27/2021 Page 1 of 2 Estates Shopping Center /PL20210001723 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition PL20210001723, filed by Richard D. Yovanovich, Esquire, of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold, AICP, of Q. Grady Minor& Associates, on behalf of Richard D. Yovanovich as Successor Trustee of Land Trust 850.018 under Land Trust Agreement dated October 4, 2005, with respect to the property located at the northwest corner of Golden Gate Boulevard and Wilson Boulevard, Naples, Florida, and further described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby approved for a waiver from the 500 foot minimum separation requirement between facilities with fuel pumps pursuant to LDC Section 5.05.05.B, with a resulting minimum separation distance of 130 feet from the nearest facility with fuel pumps, as depicted in Exhibit "B", attached hereto and incorporated herein by reference, subject to the following condition: The developer will install at its sole cost no less than 3 and up to 5 monitoring wells within the PUD at locations approved by the County staff during SDP and/or plat review. After installation, County staff will perform monitoring and testing at the County's cost to ensure that the County's well and the private wells are not affected by the proposed facility with fuel pumps/gas station. The developer and the owner, and their successors and assigns, will allow the County access to the wells to perform the monitoring. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PL20210001723 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this 26th day of October, 2021. ATTEST: "•''' :j`0 BOARD OF ZONING APPEALS CRYSTAL K. KINZEL,' rk COLLIE' C•oi ' TY, FLORI By: By: Attest as t0 Chairman's e uty Penny Taylor, hairman Ap roved as to form and legality: erek D. Perry Assistant County Attorney �� \ti Lcb Attachments: ,�� Exhibit"A"—Legal Description Exhibit"B"—Distance Separation Exhibit [21-CPS-02127/1668590/2] 10/28/2021 Page 2 of 2 Estates Shopping Center /PL20210001723 C�� Exhibit "A"—Legal Description All of Tracts 143 and 144, Golden Gate Estates Unit No. 11, according to the plat thereof as recorded in Plat Book 4, pages 103 and 104, Public Records of Collier County, Florida. 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