Ordinance 2020-035 ORDINANCE NO. 20- 3 5
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 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 A RURAL AGRICULTURAL (A)
ZONING DISTRICT TO A COMMERCIAL
INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT TO
ALLOW UP TO 20,000 SQUARE FEET OF COMMERCIAL
DEVELOPMENT FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF TAMIAMI TRAIL EAST (US
41) AND GREENWAY ROAD, IN SECTIONS 12 AND 13,
TOWNSHIP 51 SOUTH, RANGE 26, EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 2.81+/- ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
IPL201800023741
WHEREAS, Robert J, Mulhere, FAICP, of Hole Montes, Inc. and Al Quattrone PE of
Quattrone & Associates, Inc., petitioned the Board of County Commissioners to change the
zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property more particularly
described in Exhibit A, located in Sections 12 and 13, Township 51 South, Range 26 East,
Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a
Commercial Intermediate District (C-3) Zoning District to allow up to 20,000 square feet of
commercial development for a 2.81+/- acre project, subject to the conditions shown in Exhibit B.
Exhibits A and B are attached hereto and incorporated herein by reference. The appropriate
[19-CPS-01941/1569611/1]108
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zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
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. 2020-34 becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this oirti day of C?LJ L-(f , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: - sC
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� By:
D- ,uty Clerk Burt L. Saunders Chairman
Attest/as"t''teal 's '
signature only.
Approved as to form and legality:
01\ /-
Heidi Ashton-Cicko
Managing Assistant County Attorney
Exhibit A: Legal Description
Exhibit B: Conditions of Approval
Exhibit C: Location Map
This ordinance filed with the
atpitary of
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and ocknowledgeme f at
fili�q received this �ay
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[19-CPS-01941/1569611/1]108
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EXHIBIT "A"
Description:
Beginning at the Northeast corner of Section 13, Township 51 South, Range 26 East, Collier
County, Florida (said corner also being the Southeast corner of Section 12):
Thence along the East line of said Section 13, S 0°19'37" W 336.19 feet to the Northerly right of
way line of US-41 (State Road 90); thence along said right of way line N 54°18'59" W 484.26
feet; thence N 35°41'01" E 400.00 feet; thence S 54°18'59" E 200.00 feet to the East line of
Section 12, Township 51 South, Range 26 East, Collier County, Florida; thence along the East
line of Section 12, S 0°11'20" W 154.53 feet to the Place of Beginning, and being a part of the
Northeast 1/4 of said Section 13 and part of the Southeast 1/4 of said Section 12, LESS the East
Thirty-feet (30') thereof conveyed to Collier County by virtue of Quit Claim Deed recorded in
Official Records Book 1050, page 196, of the Public Records of Collier County, Florida.
Parcel Identification Number: 00737560004
Exhibit B
CONDITIONS OF APPROVAL
1. The developer(s), its successors(s) in title, or assignee(s), will be responsible for the
proportionate cost of a traffic signal at U.S. 41 and Greenway Road, when determined
warranted and approved by the Florida Department of Transportation (FDOT) or Collier
County. The proportionate share payment shall be based on the percentage of project
related trips impacting the intersection and shall be paid to the entity that permits and
constructs said signal. Documentation of the payment shall be sent to the County for
monitoring purposes. Upon the completion of the installation, inspection, burn-in period
and final approval/acceptance of a traffic signal, said traffic signal will be turned over to
FDOT or Collier County for operations and maintenance.
2. The maximum allowable commercial intensity shall be 20,000 square feet.
3. The maximum total daily trip generation for the property shall not exceed 134 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.
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HOLE MONTES Naples, FL 34110 Rezone
ENGINEERS PLANNERS SURVEYORS Phone: (239) 254-2000
Exhibit C
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
November 4, 2020
Ms. Ann Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-35, which was filed in this office on November 4,
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