Loading...
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of 2 9/1/20 SECTION TWO: Partial Repeal of Ordinance No. 92-56 Ordinance No. 92-56 is hereby partially repealed as to the property described in this Ordinance.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. itu '-;le. L.,* ...-: 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