Ordinance 2020-026 ORDINANCE NO. 20- 2 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A)
ZONING DISTRICT AND AN AGRICULTURAL ZONING DISTRICT
WITH A RURAL FRINGE MIXED USE DISTRICT-SENDING LANDS
ZONING OVERLAY (A-RFMUD-SENDING LANDS) TO AN
INDUSTRIAL (I) ZONING DISTRICT FOR THE PROPERTY
LOCATED ON THE NORTH SIDE OF BECK BOULEVARD NEAR
THE TERMINUS OF BECK BOULEVARD IN SECTIONS 35 AND 36,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTIONS 1 AND 2,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 3.43±
ACRES; PROVIDING FOR PARTIAL REPEAL OF ORDINANCE NO.
92-56, A CONDITIONAL USE FOR A TELECOMMUNICATION
TOWER, AND BY PROVIDING AN EFFECTIVE DATE.
[PL20190002018]
WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, Inc.
representing Stephan Verhaaren petitioned the Board of County Commissioners to change the
zoning classification of the herein described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Zoning Classification.
The zoning classification of the real property more particularly described in Exhibit A,
located in Sections 35 and 36, Township 49 South, Range 26 East, and Sections 1 and 2,
Township 50 South, Range 26 East, Collier County, Florida is changed from an Agricultural (A)
zoning district and Agricultural zoning district with a Rural Fringe Mixed Use-Sending Lands
zoning overlay to an Industrial (I) zoning district for a 3.43± acre property, subject to the
conditions shown in Exhibit B. Exhibits A and B are attached hereto and incorporated herein by
reference. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly.
[20-CPS-01972/1562258/1] 140
3205 Beck Blvd RZ-PL20190002018 1 of 2
9/1/20
SECTION TWO: Partial Repeal of Ordinance No. 92-56
Ordinance No. 92-56 is hereby partially repealed as to the property described in this
Ordinance. Access to the remaining conditional use property will be by ingress/egress easement
established in the Quitclaim Deed recorded in Official Records Book 5469 page 2037 et seq. of
the Public Records of Collier County.
SECTION THREE: Effective Date.
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan amendment in Ordinance No. 20-25 becomes
effective.
PASSED AND DULY ADOPTED by supe1-majority vote of the Board of County
Commissioners of Collier County, Florida, this day of p k-.r , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K;.KINZEL, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk BURT L. SAUNDERS, CHAIRMAN
must as fbChairman's
Approved as to form and legality:
(
Heidi Ashton-Cicko
Managing Assistant County attorney
Attachment: Exhibit A—Legal Description
Exhibit B —Conditions of Approval
This ordinance hied with the
Secte ary
of tote's Office th•�
ay of __ r,
and acknowledgement that
Ellin received this day
of —�
Diouty Clark
[20-CPS-01972/1562258/1] 140
3205 Beck Blvd RZ-PL20190002018 2 of 2
9/1/20
*** OR 5469 PG 2039 ***
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Those portions of Sections 1 and 2,Township 50 South,Range 26 East,and those portions of
Sections 35 and 36,Township 49 South,Range 26 East,Collier County,Florida being described
as follows:
Commence at an iron pipe marking the Northwest corner of said Section 1;thence South 00°
20'19"West,58.28 feet along the West line of said Section 1 for a POINT OF BEGINNING;
thence North 89°57'41"East,785.56 feet to the Southerly existing Limited Access R/W line of
State Road 93(Interstate 75),and the beginning of a non-tangent curve,concave Northerly,
having a radius of 11,621.16 feet and a central angle of 05°41'08",the chord for which bears
North 77°00'15"West;thence Northwesterly along said curve and R/W line a distance of
1,153.18 feet;thence North 89°45'O1"West, 100.00 feet;thence South 00°02'19"East,260.48
feet;thence North 89°57'41"East,437.45 feet to the POINT OF BEGINNING.
LESS AND EXCEPT:
Commence at the Northwest corner of=•. it( b • e South 62°26'54"West,89.68 feet
to the POINT OF BEGINNING;t �t. ::•• tT, 69.88 feet;thence North
04°37'14"East,112.94 feet;th c(e rth 89°08'04"We . 3 feet;thence South 00°00'44"
East,90.68 feet;thence South 7° ' "East,34.10 feet;th•.ce outh 01°11'03"West,20.00
feet to the POINT OF BEG G. •
SAVING AND RESERVIN a 0. 0- ;o� d; itt:;i' . -`. •.s; d tility easement lying 10.00
feet on each side of the foll • • Jo. e. �-
Commence at the Northwest of said Section 1. . 62°26'54"West,89.68 feet;
thence South 88°09'02"East, eet to the POINT i ING of the centerline;
thence South 01°50'58"West,1 to the North ri •6f •ay line of State Road 84 and the
POINT OF TERMINATION of sai en LU
C LR
11SM
By SK
Date:9.01.2017
Page 3 of 3
Quitclaim Deed No. 33080
Exhibit B
Conditions of Approval
1. The following conditions apply as stated under the Interchange Activity Center Subdistrict within
the Future Land Use Element:
a. Landscaping, buffering and berming standards applicable to Activity Center#9 of
LDC Section 4.02.23.D shall apply;
b. Fencing shall be wooden or masonry;
c. Wholesale and storage uses shall not be permitted immediately adjacent to the
right-of-way of the Interstate;
d. Central water and sewage systems are required;
e. Ingress and egress shall be consistent with State Access Management Plans, as
applicable;
f. No direct access to the Interstate right-of-way shall be permitted;
g. Joint access and frontage roads shall be established when frontage is not adequate
to meet the access spacing requirements of the Access Control Policy, Activity
Center Access Management Plan provisions, or State Access Management Plans,
as applicable;
h. Access points and median openings shall be designed to provide adequate turning
radii to accommodate truck traffic and to minimize the need for U-turn movements;
i. The developer shall be responsible to provide all necessary traffic improvements
to include traffic signals, turn lanes, deceleration lanes, and other improvements
deemed necessary; and,
j. Maximum gross floor area of buildings is 40,000 square feet.
2. The following uses on the permitted use list in LDC Section 2.03.04.A.1.a. for the I, Industrial,
zoning district are prohibited:
4. ) Automotive repair, service and parking(7513-7549), except the following are allowed:
7532: Canvas top and upholstery repair, and auto interior repair
7536: Automotive glass replacement shops
7538: Automotive repair shops, general only
7539:Automotive repair shops,not elsewhere classified,excluding axle straightening and
frame repair
7549: Automotive services,excluding wrecker service only
11.)Crematories(7261)
13.)Eating places(5812), except lunchtime mobile food service is allowed.
50.) Transportation by air (4512-4581), except the following are allowed: Aircraft servicing
and repairing, but not on a factory basis(4581)and Aircraft upholstery repair(4581)
51.)Transportation services(4789)
3. The maximum total daily trip generation for the rezoned property shall not exceed 27 two-way PM
peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at
the time of application for SDP/SDPA or subdivision plat approval.
4. Hours of operation shall be limited to the hours between 6:00 AM and 10:00 PM. Between the
hours of 6:00 AM and 7:00 AM, bay doors must remain closed and no use is allowed outdoors
which generates noise.
5. No buildings shall be constructed within the critical separation distance of half the height of the
adjacent communication tower and antennas, or the tower's certified collapse area, whichever
distance is greater per the provisions for separation of LDC Sec. 5.05.09.G.7.b.
6. Conditional Use approval for a communication tower granted by Ordinance 92-56 is extinguished
from the subject property and is retained on the 0.27± acre tower parcel owned by the State of
Florida. The tower and underlying State-owned parcel are not included in this zoning action. The
20-foot wide ingress egress easement described in O.R. Book 5469, Page 2039 shall remain
reserved across the subject site providing access from Beck Boulevard to the tower parcel.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
September 25, 2020
Ms. Teresa Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-26, which was filed in this office on September 25,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270