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Ordinance 2008-09 1-9'3031-,< ,.,,'0 ~ tV ~ / '- VIS' ~ ft'~) <5l ~ /~~~ -; <'l "\.~~~ 0 ~ ~ g "'c" ~ ~ 02': '0" Blat lL9~"'\; ORDINANCE NO. 08-~ 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 INCLUDES 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 DESCRffiED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT AND A GENERAL COMMERCIAL (C-4) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 7.04+/- ACRE PARCEL LOCATED ON TAMIAMI TRAIL EAST (US 41), SOUTH OF MYRTLE LANE, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 81-23, THE FORMER MYRTLE WOODS PUD; AND BY PROVIDING AN EFFECTIVE DATE. );!o ~ = r-'" = I~; <= :t> J>. .." II :z:~ f'TI >::i CD - CIlrr. N r Vl_ <=) (Tl-'- rn~' "" m . C" -' :JI: -r'!-.--, 0 r- cr, a" ;::0-' .. _:1> o;i I.D ::> WHEREAS, on May 5, 1981, the Board of County Commissioners adopted Ordinance Number 81-23 establishing the Myrtle Woods PUD; and WHEREAS, Myrtle Woods, LLC, represented by Dwight Nadeau of RWA, 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 located in Section 29, Township 50 South, Range 26, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District and a General Commercial (C-4) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 7.04+/- acre parcel to be known as the Myrtle Woods CPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate 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. Page I of2 SECTION TWO: Ordinance Number 81-23, known as the Myrtle Woods PUD, adopted on May 5, 1981, by the Board of County Commissioners is hereby repealed in its entirety. SECTION THREE: 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 CoJJier County, Florida, this l":j,n \ day of Fp h'l ,(u L} 2008. 'G'!);/'r ..... ..:.- ATTEST;.' ,;,~, DWlGHi;E~13ROCK,~~LERK ---- "', . - - ."::; -- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO IDA N By: " ~ttelt IS' "",..0 slgnat... ...,. ....' Approved as to form and legal sufficiency: "l/1~A J ~ m. fJ:t-lJd..i4 -/It<..Jh-. Marjorie Student-Stirling -0 Assistant County Attorney Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: List of Permitted Uses Development Standards Master Plan Legal Description List of Deviations List of Developer Commitments ThIs ordinance filed wilt! the Secretory of State's Offici the .,2()/'> day of R1>......1_, 2u, g and acknowledgement that fi Ii received this day of ) By Page 2 of 2 EXHIBIT A PERMITTED USES Table I PROJECT LAND USE TRACTS TRACT "CO" TYPE COMMERCIAL GSF 61,000 ACREAGE:t 4.53 TRACT"U" UTILITY o 1.53 TRACT "P" PRESERVE o 0.98 Note: GSF is gross square feet. I PERMITTED USES: Within the CO, Commercial Tract, no building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I) Commercial banks - including those commercial banks with drive-through facilities (Groups 6021-6029). 2) Real estate agents and managers (Group 6531). 3) Hardware store only (Group 5251). 4) Variety stores - 5,000 square foot maximum floor area (Group 5331). 5) Miscellaneous general merchandise stores, except catalog showrooms - 5,000 square foot maximum floor area (Group 5399). 6) Grocery stores, except frozen food and freezer plants - 10,000 square foot maximum floor area (Group 5411). 7) Fish, meat, and seafood markets only (Group 5421). 8) Fruit and vegetable markets (Group 5431). 9) Retail bakeries (Group 5461). 10) Health food store only - 2,500 square foot maximum floor area (Group 5499). 11) Apparel and accessory stores - 2,500 square foot maximum floor area (Groups 5611-5661). A-I 12) Record and prerecorded tape stores (Group 5735). 13) Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in restaurants and restaurants with drive- through facilities (Group 5812). Outdoor entertainment, outdoor televisions, speakers, and amplified sound are prohibited. 14) Agents for laundries and drycleaners only (Group 7212). 15) Dry cleaning (Group 7215). 16) Diaper service, and garment alteration and repair shops only (Group 7219). 17) Beauty shops, except beauty schools and cosmetology schools (Group 7231). 18) Barber shops, except barber colleges (Group 7241). 19) Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only (Group 7299). 20) Housekeeping and maid service only (Group 7349). 21) Video tape rental (Group 7841). 22) Physical fitness facilities (Group 7991). 23) Offices and/or clinics of physicians, and offices and/or clinics of dentists (Groups 801l-802I). 24) Offices and clinics of chiropractors (Group 8041). 25) Motor vehicle dealers-only new (Group 5511). 26) Miscellaneous retail (Groups 5912, 5941-5949, and 5992-5999, with the retail sales of fireworks prohibited). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. All retail establishments shall be located only on the ground floors of commercial buildings. A-2 B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: I) Parking facilities. 2) One caretaker's residence. 3) Uses and structures that are accessory and incidental to the uses permitted as of right. II PROHmITED USES: The applicant has agreed on the record that the following uses shall be prohibited in this CPUD Zoning District: I) Soup kitchens 2) Pawn shops 3) Tattoo parlors 4) Adult X-rated video stores 5) Bail bonds offices 6) Homeless shelters 7) Any business establishment displaying any obscene or offensive name. III REGULATIONS FOR DEVELOPMENT: Regulations for development of this project shall be in accordance with the contents of this ordinance and other sections and parts of the Land Development Code and Growth Management Plan in effect at the time of site development plan, subdivision plat, or any other type of approval to which those regulations apply. A-3 EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of the Myrtle Woods CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Commercial condominium, and/or property owners' association boundaries shall not be utilized for determining development standards. Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP) or subdivision plat. B-1 TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS Front 25 Ft. 15 Ft. Rear 50% of the building height, but not 10Ft. less than 15 Ft. Side 50 % of the building height, but not 10Ft. less than 15 Ft. MIN. DISTANCE BETWEEN 15 Ft. 50% of the building height, STRUCTURES but not less than 15 Ft. MAXIMUM HEIGHT (ZONED) Retail Buildings 3 stories, NTE 50 Ft- N/A Office Buildings 3 stories NTE 50 Ft.. N/A MINIMUM FLOOR AREA 700 Sq. Ft. .. N/A . Architectural appurtenances shall not exceed 75 feet in "actual" height. Per principal structure, on the fmished first floor. .. Note: NTE represents "not to exceed". B-2 EXHIBIT C MASTER PLAN ~ . ,~ [ ! ~~ ....1. .. ....- '" e '~" , I . , pi~ . ' , "I . . , .'11" . , , ! . .. .. /I 'I I I ~ II ~ J~~~ !l' "i; I~~ ~i ~u; Ii ,,~ _II I~ Id, i~ ~. ~p. .~. J I ;:1 ~~ sm I III I. j;~~ si illi p.a~ la" Iii Ii ~. ~I~ ;~ ~ E in "!l I !!I . + .t..t:-t i :;I ~ i > IIII PI a m EXHIBIT "e" ~ &~ ~l' ~.i . .~~ . i-j I . I;s . ~ L~ r'; ...::.~ - ,..:-- - MYR11E~UC ,.. -- ~. - CPUD MASTER PLAN MYR17.EWOODSCPUD DUff'- ~",.yl{fl ==... ----- .----- - . EXHIBIT D LEGAL DESCRIPTION LOTS 23, 24, 25, 26, 27 AND 28, MYRTLE COVE ACRES, BLOCK A, UNIT I, AS RECORDED IN PLAT BOOK 3, PAGE 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA EXHIBIT E LIST OF DEVIATIONS None EXHIBIT F LIST OF DEVELOPER COMITMENTS TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LOC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Access points shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plans, final plat submissions, FOOT permits and/or by an approved Developer Contribution Agreement (DCA). All such access shall be consistent with the FDOT Access Management Policy, as it may be amended from time to time. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUO amendment is approved. O. If, in the sole opinion of Collier County and FOOT, a traffic signal, or other traffic control device, sign, or pavement marking improvement within any public right-of- way or easement is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed, at the County's and FDOT's direction. This could be prior to the issuance of the appropriate, corresponding CO. E. Site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. To the extent possible, all the required improvements shall be in place and available to the public prior to commencement of on-site construction. F. All proposed median opening locations shall be in accordance with the FDOT Access Management Policy, as it may be amended. FOOT and Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order (DO) shall vest a right of access in excess of a right- in/right-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action against the County by the developer, its successor in title, or assignee. F-I H. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to adjacent developments shall be operated and maintained by an entity created by the developer in accordance with the applicable administrative codes and/or statutes of the State of Florida; and Collier County shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County rights-of-way or easement{s), then, if required by County staff, compensating right-of-way shall be provided at no cost to Collier County as a consequence of such improvement{s). J. All off-site access improvements must be completed prior to commencement of on-site construction. K. The developer shall provide a public aCCess easement from Myrtle Lane to the signalized intersection of US-41 and Broward Street as approximately shown on Exhibit C, CPUO Master Plan. The public aCCess easement shall not be considered road right-of-way and shall not be used for determining setbacks, or buffering requirements. The exact location and design of the public access easement shall be approved by the Transportation ~ivision at the time of SOP application review. WATER MANAGEMENT A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Engineering Review Services. B. The developer shall grant or dedicate a 50 foot wide drainage and utility easement to Collier County as approximately shown on Exhibit C, CPUD Master Plan. This easement dedication shall occur within the earlier of 60-days of written request by the County, or at submittal of the SOP. The easement shall be granted or dedicated at no cost to the County, with the developer providing all appropriate sketches and legal descriptions. At the County's request, the developer shall install drainage and utility facilities in the drainage and utility easement as part of the site construction, with the location ofthese facilities determined through the SOP review process. The County shall reimburse the developer within 180-days of the completion of the installation of the utility and drainage facilities. The County shall not be responsible for the restoration costs of private facilities within the easement should maintenance of the public utility and drainage facilities be required in the future. F-2 UTILITIES A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with applicable Collier County ordinances, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. D. The developer shall grant a 60 foot by 70 foot well site easement and an associated utilities and access easement to connect the well site easement to a public right-of-way. The County shall compensate the developer for the well easement dedication through impact fee credits based on the fair market value of the land so dedicated. The utilities and access easement shall be 20 feet wide unless the well site is contiguous to a public right-of-way, in which case, it shall be 15 feet wide. The County utility, access easement is for access, installation, operation, and maintenance of transmission mains, power, telemetry lines and appurtenances. This conveyance shall occur at the time the SOP, plat (or similar process) of the area within the development phase that contains the easement is approved by County staff. At the time of SOP and/or plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. ENVIRONMENTAL A. If prehistoric or historic artifacts, such as pottery of ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial of American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity off such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance section at (850) 245-6333 or (800)847- 7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during the permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida law. B. A Florida Fish and Wildlife Conservation Commission (FWC) relocation permit shall be obtained for the relocation of the one gopher tortoise found on site prior to commencement of any construction activities. A copy of the permit shall be forwarded to Environmental Services Staff. F-3 C. The developer shall provide a report to Environmental Services Staff on the results of the relocation of the gopher tortoise within thirty days of the relocation. The report shall include the number of burrows excavated, the number of tortoises relocated, and the final relocation site. PLANNING A. The depth of the commercial buildings and parking areas associated with the development shall not exceed 397 feet as measured from the property line fronting on US-41, in order to meet the infill criteria of the GMP. B. The developer shall install a fence/wall associated with the southern property boundary and the southwest property boundary. No fence/wall shall be installed within the Preserve Tract. The final location of the fence/wall shall be determined during the SDP review process. F-4 I ~ gm toC::lil] "," ~I;I .~~ ~~Q h~ ~. 5~ ~s ~ ~ ~m 8~ z 80 ~~ H of;; ~ D\llA 1NC=n~ CONSUL TINO avil &giDooriog .&. '" ,..I.. .... SuneylDg &: Mapping 56111 Willow Parl< DrIve. Su/t8200. NiIpf.. F!a1d1134109 {2391597-(l515 FAX: (239) 597-057$ 1542 Carson Sfreet: Fait Myers:. Rorlda 33901 (239) 278-5224 FAX:: (239) 278-5419 " " ~ I ~ " " ~ I ~ ~I DAm CLIENT: APRH.. 2007 MYRTLE WOODS, LLC MYRTLE WOODS CPUD INFILL COMMERCIAL EXHIDIT I '''''' NfS PROJECT, DRAWNIJ'l': S.EW. CHl!:CI(EllIff: D.H.N. "C, """ "'. PROJECT 05-00""" 0 1 0 I 29 .m 26E NUMBER: 1..Jv._" TiTlE: SHUT NUJ,lBER: I Of 2 ~i;~8[R' 5003500X02 D\lTA~~~~ CONSULTING a.ll~B ... "y ,... ... ~,,~ 8I1GWlllawh'k1)rioM. Suit. __ Fb'iII341G1 ,,_-C:87I FAX: 11II)1174171 1S12 c.......... FlIrt.... FIartda I3IID1 <2St 271-.. FAX: (ZtI) 27H4t. CLIENT, PROJECT: TITLE: MYRTLE WOODS, UC MYRTLE WOODS CPUD JNFlLL COMMERCIAL EXHIBIT II WITH AERIAL PHOTO ECIo:EDIY: DJl.N. "". "'" "" PROJECT n=-"",,= 01 01 SHEEr 2 2 >>' a 2IiS NUMBER:~" NUMBER: OF ~~~.ER' 5003500X03 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2008-09 Which was adopted by the Board of County Commissioners on the 12th day of February 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of February 2008. DWIGHT E. BROCK,';'I:;., Clerk of Couits a.nd t!.erk Ex-officio .t:o.136!,i-d 06 County Com~is~lon~rs ~ );>>.~:Lt' ~. By: Ma~~~~t~e;@~ ;,."