Ordinance 2018-14 ORDINANCE NO. 18 - 14
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-20, AS AMENDED, THE
CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT
(PUD), TO ALLOW UP TO TWO SINGLE FAMILY DWELLING
UNITS AS AN ALTERNATIVE TO COMMERCIAL AND MULTI-
FAMILY DEVELOPMENT IN THE COMMERCIAL/MIXED USE
AREA OF THE PUD; AND PROVIDING FOR AN EFFECTIVE
DATE, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF
GOODLAND DRIVE (C.R. 892), APPROXIMATELY ONE HALF
MILE SOUTH OF SAN MARCO ROAD (C.R. 92), IN SECTION 18,
TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA. [PUDA-PL20160000087].
WHEREAS, on March 23, 2004, the Board of County Commissioners approved
Ordinance No. 04-20, the Calusa Island Village PUD, in accordance with the Planned Unit
Development document attached thereto (the "PUD Document"); and
WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc., representing Scott and
Sandra Allen, has petitioned the Board of County Commissioners to amend the Calusa Island
Village PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENT TO PUD DOCUMENT
The PUD Document, attached as Exhibit"A"to Ordinance No. 04-20, is hereby amended
as described in Exhibit"A," attached hereto and incorporated herein by reference.
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida,this 1041 day of . I , 2018.
2/8/18
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Page 1 of 2
ATTEST: • Ua ,„ BOARD OF ! I Y COMM - ONERS
DWIGHT E:`BkOC CLERK COLLIER P IU , FLO'
=,.
By. 1 i`w ��� By:
- ---,- -~— eputy Clerk ANDY SOLIS, Chairman
Attest as ta.C6air i s�
,gib
signature Only:''
Approved as to form and legality:
i - 1
Aaa.oo> t
Scott 1, . Stone
Assistant County Attorney
Attachments:
Exhibit A: Amended PUD sections
This ordinance filed with the
SvgIc,e�ta�rt' of Stake's Office th+
1�`tiay of `A. , $-0-1 in,
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acknowle:dgemeri]t iq�,that
filin. recei ed this 15"'‘day
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Deputy CANA
2/8/18
Words struck through are deleted, words underlined are added.
Page 2 of 2
SECTION ONE:
AMENDMENT TO SECTION I, LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND
GENERAL DESCRIPTION, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO.
04-20, CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT
Section I, Legal Description, Property Ownership, and General Description, Section 1.5
Permitted Variations of Dwelling Units of the PUD Document attached to Ordinance No. 04-20,
Calusa Island Village Planned Unit Development, is hereby amended to read as follows:
1.5 PERMITTED VARIATIONS OF DWELLING UNITS
A maximum of 50 dwelling units is permitted within residentially designated areas of the
Calusa Island Village PUD and in the Commercial/Mixed Use Area. This maximum of
50 dwellings may include single-family, two-family, duplex, zero lot line and single
family attached /town homes and are the only residential uses permitted in the 5.75 acre
residential area. - . - , . ' . - . - -- . . . . • - - - , -
SECTION TWO:
AMENDMENT TO SECTION II, PROJECT DEVELOPMENT, OF THE PUD DOCUMENT
ATTACHED TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE PLANNED UNIT
DEVELOPMENT
Section II, Project Development, Section 2.2 General Description of Project Plan and
Proposed Land Uses of the PUD Document attached to Ordinance No. 04-20, Calusa Island
Village Planned Unit Development, is hereby amended to read as follows:
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Calusa Island Village PUD will be developed as a mixed-use residential and
commercial community, which may feature residential dwelling types, limited
commercial uses and accessory residential and commercial uses. However multi
mea:
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SECTION THREE:
AMENDMENT TO SECTION III, RESIDENTIAL, OF THE PUD DOCUMENT ATTACHED
TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE PLANNED UNIT
DEVELOPMENT
Section III, Residential, Section 3.2 Maximum Dwelling Units and Section 3.4 Permitted
Uses and Structures of the PUD Document attached to Ordinance No. 04-20, Calusa Island
Village Planned Unit Development, is hereby amended to read as follows:
3.2 MAXIMUM DWELLING UNITS
A maximum of 50 residential dwelling units may be constructed on lands designated
"Residential" or in areas designated Commercial/Mixed Use on the PUD Master Plan. The
Commercial/Mixed Use Area is limited to four(4)multi-family dwelling units if developed
as a mixed-use area as depicted on Exhibit B.Page 1 of 2,or two (2) single-family dwelling
units if developed as depicted on Exhibit B, Page 2 of 2. (See also Exhibit "B"of this
Oree.)
* * * * * * * * * * * * *
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part,for other than the following:
A. Principal Uses:
1. Single Family Attached and Detached Dwellings, Townhomes.
2. Single Family Patio and Zero Lot Line Dwellings.
3. Two-family and Duplex Dwellings.
4. .. ! _ . .
Commercial/Mixed Use area and oOne and two unit dwellings are the only
permitted dwelling units in the residential area and may develop in
accordance with the multifamily standards contained in Table 1 in Section
3.5.
* * * * * * * * * * * * *
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SECTION FOUR:
AMENDMENT TO SECTION IV, COMMERCIAL/MIXED USE AREA, OF THE PUD
DOCUMENT ATTACHED TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE
PLANNED UNIT DEVELOPMENT
Section IV, Commercial/Mixed Use Area, Section 4.2 General Description, Section 4.3
Permitted Uses and Structures and Section 4.4 Development Standards of the PUD Document
attached to Ordinance No. 04-20, Calusa Island Village Planned Unit Development, is hereby
amended to read as follows:
4.2 GENERAL DESCRIPTION
The approximate total acreage of the Commercial/Mixed Use Area as indicated on the
Master Plan is 0.45 acres,of which 0.12 acres is-may be for commercial use. This acreage is
based on conceptual designs and is approximate. Actual acreages of all development tracts
will be provided at the time of site development plan or preliminary subdivision plat
approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. If
developed as a commercial mixed use, then The this Area is-shall
be designed as a mixed-use area that as originally intended, to accommodate a variety
of limited commercial and personal services, including a maximum of four(4)multi-family
residential units. Alternatively, up to two (2) single-family units may be developed in the
Commercial/Mixed Use Area instead of multi-family and commercial development. (See
also Exhibit"B"depicting the conceptual plan for the Commercial/Mixed Use Area).
A. In the event a SDP is issued for commercial or multi-family development, the
single-family development shall not be permitted.
B. In the event a building permit is issued for single-family development, the
commercial and/or multi-family development alternative shall not be permitted.
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part,for other than the following:
A. Permitted Uses
1. Accounting,auditing,and bookkeeping services (8721).
2. Apparel and accessory stores(groups 5611-5699).
3. Business services(groups 7311, 7313, 7322-7338,7363-7379, 7384).
4. General merchandise stores(5311-5399).
5. Miscellaneous retail services (5941, 5947, 5961, 5992, 5994).
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6. Model homes, including offices for project administration, construction,
sales and marketing.
7. Museums and art galleries (8412).
8. Personal services (group 7212).
9. Residential multi-family in accordance with the development standards of
Section 3.5 of this Ordinance [four(4) dwelling units maximum].
10. Single-family, limited to two (2) dwelling units as depicted on Exhibit B,
Page 2 of 2 in accordance with the Development Standards in Section 3.5.
11.-38: Real Estate (groups 6531-6541).
12.4.1- Transportation Services (4724)travel agency office only.
13.4-27 Videotape rental (7841).
14.1-3- Any other commercial use, which is comparable in nature with the
foregoing uses that is primarily a limited commercial and personal
services as determined by the Zoning Board of Appeals.
* * * * * * * * * * * * *
4.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet(25')
2. Side Yard: Ten feet(10')
3. Rear Yard: Ten feet(10').
4. Setback from a canal for all principal and accessory uses may be zero feet
(0')provided the Commercial/Mixed Use Area is developed as a unified site
plan.
B.-F- Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C.-G7 Maximum height of structures — Two (2) story or thirty-five feet (35') for
commercial structures(measured from minimum flood elevation).
D.-14 Minimum distance between principal structures-Ten feet(10')or greater if required
by local fire codes in effect at time of development, however, the proposed
commercial structure may be attached to residential structures.
E.-17 Minimum distance between detached accessory structures-Ten feet(10').
Pd4of7
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F. 3. Mixed use structures—A conceptual plan for the Commercial/Mixed Use Area and
structure is depicted as Exhibit "B" of this Ordinance. This area provides for four
(4) multi-family dwelling units and 1300 square feet of net leasable commercial
area. A caretaker's residence is allowed to be constructed on the second floor above
the proposed commercial structure. The commercial structure shall be designed and
utilized to be compatible with adjacent residential structures.
G. Single-Family - Up to two (2) single family units may be developed in the
Commercial/Mixed Use Area. Should single family be developed, no commercial
development or multi-family development shall be permitted on the
Commercial/Mixed Use Area. Only two of the three platted lots within the
Commercial/Mixed Use Area depicted on Exhibit "B, Page 2 of 2," may be
developed with up to one (1) single family dwelling unit on each lot, for a total of
two (2) single family dwelling units, pursuant to the single family development
standards in Section 3.5,Table 1 Development Standards for Residential Area of this
PUD.
Page 5 of 7
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SECTION FIVE:
AMENDMENT TO SECTION V, GENERAL DEVELOPMENT COMMITMENTS, OF THE
PUD DOCUMENT ATTACHED TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE
PLANNED UNIT DEVELOPMENT
Section V, General Development Commitments, of the PUD Document attached to
Ordinance No. 04-20, Calusa Island Village Planned Unit Development, is hereby amended to
read as follows:
* * * * * * * * * * * * *
5.8 MISCELLANEOUS
A. All other applicable state or federal permits must be obtained before
commencement of the development.
B. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a
county does not in any way create rights on part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the
county for issuance of the permit if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
Page 6 of 7
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SECTION SIX:
AMENDMENT TO EXHIBIT "B", MIXED USE AREA, OF THE PUD DOCUMENT
ATTACHED TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE PLANNED UNIT
DEVELOPMENT
Exhibit "B," Mixed Use Area, of the PUD Document attached to Ordinance No. 04-20,
Calusa Island Village Planned Unit Development, is hereby amended and replaced in its entirely
by Exhibit"B"attached hereto and incorporated by reference herein.
Page 7 of 7
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NOTES: I / \
1. LEGAL DESCRIPTION ( z )
LOTS 33, 34&35 BLOCK E, I \ //
GOODLAND ISLES FIRST SUNSET OR VE SCALE: 1' = 20'
ADDITION,AS RECORDED
IN PLAT BOOK 8, PAGES
1-2, OF THE OFFICIALI
RECORDS OF COLLIER I
COUNTY.
I
2. MAXIMUM OF TWO (2)
SINGLE-FAMILY DWELLING I
UNITS. I
3. THIS PLAN SHALL BEr...6........'..""n"..""n".n
LOT 33
TERMINATED AT THE TIME I
THE FIRST SDP IS ISSUED I
FOR COMMERCIAL/
M U LTI-FAMILY
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ALTERNATIVE IN EXHIBIT B In I
PAGE 1 OF 2I
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FLORIDA DEPARTMENT of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 13, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 18-14, which was filed in this office on April 13, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us