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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 7-Eleven Greenway Naples/PL20180002374 10/5/20 Page 1 of 2 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 0)-LAAA � 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 day of!W+W �at) and ocknowledgeme f at fili�q received this �ay of Byv1TI _�2a.30 Dap A [19-CPS-01941/1569611/1]108 7-Eleven Greenway Naples/PL20180002374 10/5/20 Page 2 of 2 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. [19-CPS-0 1 94 1/1 5 696 1 2/1]109 N NTS DC ra M a rete Dr a) Subject a) Site 4/)4\ NN/ 0 a) 11•111111 950 Encore Way 7-Eleven Greenway Naples HOLE MONTES Naples, FL 34110 Rezone ENGINEERS PLANNERS SURVEYORS Phone: (239) 254-2000 Exhibit C `t 41f1 %,,, i F y 1 ' x 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