Ordinance 96-12 ORDINANCE NO. 96-12
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
te, 910T}z'~2, THE COLLIER COUNTY LAND DEVELOPMENT CODE W~4ICH
;,?,, INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
~¢~ ~ FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
~FLORIDA BY AMENDING THE OFFICIAL ZONING ATLA~
~~.~~ ,~) MAP NUMBER 8532N; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "C-3" TO "PUD" PLANNED UNIT
, DEVELOPMENT KNOWN AS "MIRALIA PUD" CONSISTING
OF A MIXED USE DEVELOPMENT OF RESIDENTIAL (210
-----._--- DWELLING UNITS) AND COMMERCIAL (5,500 SQUARE..
FEET) ON PROPERTY LOCATED ON THE NORTH SIDE OF
V~DERBILT BEACH ROAD IMMEDIATELY WEST OF
VANDERBILT DRIVE, IN SECTION 32, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 8.96 ACRES MORE OR
LESS; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Alan D. Reynolds, AICP, of Wilson, Miller,
Barton & Peek, Inc., representing Benedict P. Miralia,
Trustee, 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:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 32, Township 48 South, Range 25
East, Collier County, Florida, is changed from "C-3" to "PUD"
Planned Unit Development in accordance with the "Miralia PUD"
PUD Document, attached hereto as Exhibit "A" and incorporated
by reference herein. The Official Zoning Atlas Map Number
8532N, as described in Ordinance Number 91-102, the Collier
County Land Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with
the Department of State.
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PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~ day of
~//~z~_,~-~-~ , 1996.
BOARD OF COUNTY COMMISSIONERS
....... ... COLLIER COUNTY, FLORIDA
d · ~ ': ' BY:
' ~ JJ~'N C. NORRIS, CHAIRMAN
· -. ,
AND. LEGAL' 'SUFFICIENCY
MARJOR~E M. STUDENT
ASSISTANT CO~TY ATTORNEY
PUD-96-20RDIN~CE/16525
This ordlnal~e flied w{th the
Secretary of State's Office th~
ond acknow~eCgemcnt of th~
filin received this ~ day
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MIRALIA
A 1,
PLANNED UNIT DEVELOPMENT
4-8.96 Acres Located in Section 32,
Township 48 South, Range 25 East,
Collier Ccunty, Florida
PREPARED FOR:
BENEDICT P. MIRALIA, TRUSTEE
Bond Court Building, Suite 1202
1300 East Ninth Street
Cleveland, OH 44114
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
Wilson Professional Center
3200 Bailey Lane, Suite 200
Naples, Florida 33942
DATE FILED:
DATE APPROVED BY CCPC:
DATE APPROVED BY BCC: 3/26/96
ORDINANCE NUMBER: 96-12
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TABLE OF CONTENTS
LIST OF EXHIBITS ii
STATEMENT OF COMPLIANCE AND SHORT TITLE iii
SECT ON I PROPERTY OWNERSHIP AND DESCRIPTION 1-1
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III LAND USES 3-1
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LIST OF EXHIBITS AND TABLES
EXHIBIT A AMENDED SETELEMENT AGREEMENT ~
EXH1BII' B LEGAL DESCRIPTION
EXHIBIT C PUD MASTER PLAN (WMB&P, Inc. File No. RZ-243)
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STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of Benedict P. Mira!ia, Trustee, hereinafter
referred to as the Developer, to create a Planned Unit Development (PUD) on 8.96+ acres of land
located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. The PUD
District intended to be created on fine Miralia property pursuant to the Amended Settlement
Agreement, attached hereto and incorporated herein by reference as Exhibit "A", and~the
development standards, heights, land uses, densities, and intensities permitted by the Amended
Settlement Agreement and this PUD document are consistent with the Collier County Growth
Management Plan as a result of:
(i) Being improved (Parcels 8 and 9), being vested (Parcels I through 4), or being determined
to be compatible as a result of complying with the Collier County Zoning Reevaluation
Ordinance (ZRO), by being granted a Compatibility Exception per Section 10.6 of the ZRO
(Parcels 5, 6, 7, I0 and 11); and
(ii) Constituting a reduction in the amount of permitted commercial square footage and
intensity of d. evelopment allowed on the Miralia Property by the Settlement Agreement.
The development standards, heights, land uses, densities, and intensilies permitted by the Amended
Settlement Agreement and .Uhis PUD document represent the County's future land use for the
Miralia Property.
SHORT TITLE
This ordinance shall be known and cited as the "MIRALIA PLANNED UNIT DEVELOPMENT
ORDINANCE."
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SECTION I
PROPERTY OWNERSHIP AND DESCI;HPTION
1.1. PURPOSE
The purpose of this section is to set forth the location and ownership of the property, an~i to
describe the existing condition of the property proposed to be developed under the project
name of MIRALIA.
1.2. LEGAL DESCRIPTION
The legal description of the land subject to this PUD document is contained on the attach~
Exhibit "B" and referred t, ~ throughout this PUD Document as the Miralia Property or the
Land. The Miralia Property is comprised of eleven (11) contiguous parcels of land located
in the North Naples Planning Corrununity constituting in the aggregate approximately 8.96
acres of land.
1.3. PROPERTY OWNERSHIP
The names of the legal and equitable owners of the land subject to this PUD document are
Benedict P. Mimlia, Trustee for Ann Musca, pursuant to that TnLst Agreement dated August
31, 1983, as to an undivided one-seventh (1/7) interest; Benedict P. Miralia, Trustee for
Molly E. Musca, pursuant to that Trust Agreement dated August 31, 1983, as to an
undivided one-seventh (1/7) interest; Benedict P. Miralia, Trustee, for Anthony J. Musca,
III, pursuant to that Trust Agreement dated August 31, 1983, as to an undivided one-
seventh (1/7) interest; Benedict P. Miralia, Trustee for Mafia Musca, pursuant to that Trust
Agreement dated August 31, 1983, as to an undivided one-seventh (1/7) interest; Benedict
P. Miralia, Trustee, for Kathlcen Musca, pursuant to that Trust Agreement dated August 31,
1983, as to an undivided one-seventh (1/7) interest; Benedict P Miralia, Trustee, for Joseph
Musca, pursuant to that Trust Agreement dated August 31, 1983, as to an undivided one-
seventh (I/7) interest; and Benedict P. Miralia, Trustee, for John Musca, pursuant to that
Trust Agreement dated August 31, 1983, as to an undivided one-seventh (1/7) interest
CMiralia").
1.4. LLE[GAILQ~
On September 12, 1996, Miralia filed suit against Collier Co~mty (the "County") in the
Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, (Case No.
90-2910-CA-01), seeking a declaratory judgment and injunction as to his development
rights on Parcels 1 through 4 and Parcels 5, 6, 7 and 10 of the Miralia Property (the
"Lawsuit").
The County and Miralia settled the Lawsuit when Miralia forfeited the right to develop
28,000 square feet of retail commercial space, including a restaurant, in a two story
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structure over covered parking on the approximately 1.893 acres which comprise Parcels 5,
6, 7 and 10 as approved under the final site development plan for the Waterfront SDP 90-52
and thereby reduced the intensity of development on the Miralia Property by making and
entering into that certain Settlement Agreement as of October 13, 1992 as recorded in
Official Records Book 1782, at pages 338 through 392, inclusive, of the Public Records of
Collier County, Florida (the "Settlement Agreement"). The Settlement Agreement
authorizes the development of a 10 story, I00 foot tall, 210 suite condo/hotel and 14;500
square feet of retail commemial space, plus the retail commercial space contained within a
hotel or customarily associated accessory uses to a hotel, under the existing C-3
Commercial Intermediate Zoning District on the Miralia Property.
On September 14, 1995, Miralia filed a Motion to Clarify and Enforce Final Judgment in
the Lawsuit (the "Motion to Enforce Final Judgment") seeking an order permitting him to
develop multi-family residences in addition to, or in exchange for, a hotel on the Miralia
Property. The term "Lawsuit" as here~aRer used in and throughout this PUD document is
intended and shall be construed to inclade the Motion to Enforce. Final Judgment.
The Cm:-:~ty has determined that multi-family residences cormitute a superior and less
intensive land use to the hotel permitted on the Miralia Property by the Settlement
Agreement and that exchanging multi-family residences for a hotel on the Miralia Property
(i) serves the public interest in a reasonable and non-discriminatory way and (ii) promotes
the public health, safety, morals and general welfare.
Mizalia has offered to relinquish his right to develop a hotel on the Miralia Property and
reduce the maximum mount of retail commercial space permitted by the Settlement
Agreement on the Miralia Property from fourteen thousand five hundred (14,500) square
feet, plus the retail commercia. l space contained within a hotel or custornarily associated
accessory uses to a hotel, to five thousand five hundred (5,500) square feet in exchange for
the development rights provided for/n this PUD document. The Cotrely has accepted the
offer.
The County and Miralia thereafter settled the Lawsuit in accordance with their agreement
by making and entering into flint certain Amended Settlement Agreement as of December
12, 1995, as recorded in Official Records Book 2137, at Page 0402 through 0459, inclusive,
of the Public Records of Collier County, Florida (the "Amended Settlement Agreement").
The Amended Se, ttlement Agreement was incorporated into and made part of, and the
Co~mty and Miral ia were ordered to comply with the 'terms and provisions of the Amended
Settlement Agreeanent by, a Final Judgment renderect by Twentieth Judicial Circuit Court
Judge William L. Blackwell in the Lawsuit. The Amended Settlement Agreement provides
in pertinent part that the Miralia Property will be rezoned to a Planned Unit Development
Disuict to include 210 multi-family residences, 5,500 square feet of retail commercial
space, and the other uses, densities, intensities, heights arid performance standards
contained in the Amended Settlement Agreement. The County and Mirzdia intend that the
terms and cnnditions of the Amended Settlement Agreement sin'rive the adoption of this
PUD document.
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1.5. pUBLIC PUI~POSE
This PUD document represents land uses, intensities, densities, and development standards
applicable to development of the Miralia Property which are superior to the land uses,
intensities, densities, and development standards which are permitted under either the C-3
Commercial. Intermediate Zoning District on the Miralia Property, the Seuledient
Agreement or the Approved Final Site Development Plans referred to in the Settlement
Agreement. This PUD docmnent will serve the public interest, promote the public health,
safety, and welfare, and cortfonn to the Collier County Land Development Code (the
"LDC") as to PUD zoning districts or, as to any modifications therefrom, a determination
has been made by the Board of County Commissioners that the modifications are justified
as meeting public purposes to a degree at least equivalent to literal application of such
regulations.
1.6. F.t.(')VERNING LAW
All Articles, Division and Sections of the LDC, as may be amended from time to time, shall
govern the development of the Miralia Property, except as otherwise provided for by the
terms of the PUD document, provided however, that this provisions slall not be construed
to enable the LDC or an anmndment to the LDC to deprive Miralia, his successors or
assigns of the right to develop two hundred ten (210) multi-family dwelling units as
provided herein; five thousand five hundred (5,500) square feet of retail commercial space;
and the associated heights, land uses population densities, and building intensities provided
for in this PUD document on the Miralia Property.
1.7. GENERAL DESCRIPTION
A. The project is located on the northwest comer of the intersection of Vanderbilt
Beach Road and Vanderbilt Drive. It is bordered on the east, across Vanderbilt
Drive by residentially (RMF-6) zoned and developed property (Beach Walk); to the
west by commercially (C-3) zoned and developed property; to the south, across
Vanderbilt Beach Road by PUD (Pelican Bay) zoned and developed property; and
~.o the north by residentially (R.MF-16) zoned and developed property.
B. The zoning classification of the subject property prior to the date of the PUD
approval is C-3, Cormnercial Intermediate.
C. Elevations within the site range from 2.9 NGVD to 4.8 NGVD above mean sea
level. Per FIRM Map 120067 0189D the subject property lies in Zone AE.
D. The project site is lo~.ted within the Miscellaneous Coastal Basin depicted within
the Collier County Drainage Map (,published September, 1990).
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SECTION II
PROJECT DEVELOPMENT
The purpose of this Section is to generally describe the project plan of development 'for
MIRALIA, and to identify relationships to applicable County Ordinar, ces, policies, and
procedures.
2.2. GEIXER,M.
A. RegC. ations for development of MIRALIA shall be in accordance with the contents
of this document, PUD-Planned Unit Development District, the Amended
Settlement Agreement, and other applicable sections and parts of the LDC in effect
at the time of issuance of any development order which authorizes the construction
of improvements as, and to the extent provided in, Section 1.6 hereof. These
include, but are not limited to, Final Subdivision Plat, Final Site Development Plan,
Excavation Permit and Preliminary Work Authorization. Where this Planned Unit
Development Document fails to provide developmental standards, then the
provisions of the most similar district or requirement in the LDC shall apply.
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the defir~tions set forth in the LDC in
effect at the time of development order application. These applications include, but
are not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation
Permit and Preliminary Work Authorization.
C. Development permitted by the approval of this petition will be subject to a
concttrrency review under the Adequate Public Facilities Ordinance Article 3,
Division 3.15 of the LDC.
D. All conditions impo~d herein or contained on the Master Plan for MIRALIA PUD
are part of the regulations which govern the manner in which the site may be
developed.
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan, including layout of streets and me of land for various tracts, is
iljustrated graphically by Exhibit "C", PLrD Master Plan, (WMB&P, Inc. File No. RZ-243).
Exemptions, waivers and deviations fi'om the required master plan element are made by the
Development Services Director based on his specific finding that the element may be
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waived without a detrimental effect upon the public health, safety and welfixre. Variations
to land use designations and acreage within the project may be permitted at final design to
accommodate vegetation, encroachments, utilities, market conditions, and other unforeseen
site conditions. The specific location, size, and configuration of individual tracts shall be
determined at the time of site development plan approval i:n accordance with Article 3
Division 3.3 of the LDC, or ils successor provision. :
2.4. EgO~YECT DENSITY
A maximum of 210 multi-family dwelling units shall be conslzucted in project areas
indicated as "Residential" on the PUD Master Plan. The 17oss project density for the
development will be approiTnately 23 units per acre. A maximum of 5,500 square feet of
retail commercial is permittexl on Parcels 5, 6, 7, and the south one-half(I/2) of Parcel 11.
Roads and other infrastructttre may be either public or private, depending on location,
capacity, and design. The determination as to whether a road shall be public or private shall
be made by the developer, his successors or assignee at the time of subdivision approval.
Standards for public roads shall be in compliance with the applicable provisions of County
Code regulating subdivisions, unless otherwise approved as a substitution during
subdivision approval. The Developer, his successors or assignee reserves the fight to
request substitutions to Cod{,' design standards in accordance with Section 3.2.7.2 of the
LDC. The Developer shall create appropriate homeowner associations which will be
responsible for maintaining the roads, streets, drainage, and water and sewer improvements
where such systems are not dedicated to the County.
2.6. I..~KE SETBACK AND EX_CAVATION
The lake setback requiremenks described in Article 3, Division 3.5, Section 3.5.7.1 of the
LDC may be reduced with the administrative approval of the Collier County Development
Services Director.
2.7. USE OF RIGHTS-OF-WAY
Utilization of the rights. of-way and easements for landscaping, decorative enlrance ways
and signage shall be permitted subject to review and approval by Collier County
Development Services Director for engineering and safety considerations dttring the review
process and prior to any installations.
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2.8. SITE CLEARING AND D_I~
Clearing, grading, earthwork, and site drainage work shall be performed in accordance with
the LDC and the standards and commitments of this document.
2.9. MGDEL HOMES/SALES CENTER
Model homes and a Sales Center shall be permissible pursuant to the requirements of
Section 2,6.33.4 and Section 3.2.6.3.6, of the LDC.
2.10. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD Document or PUD Master Plan as provided in
Section 2.7.3f of the LDC, or its suc:.essor provision.
2.11. ,ASSOCIATION FOR COMMON AREA MAINTENANCE
The developer, his successors or assigns, shall provide for the care and maintenance of ail
common facilities and open spaces. However, if the property is to be subdivided into any
individual tracts or lots to be transferred to another entity, then in that event, the developer
shall create a property owners association whose function shall include provision for the
care and maintenance of all common facilities and open spaces subject further to the
provisions contained herein. Said property owners association shall provide restrictive
covenants governing the use of the common facilities and open space and shall provide an
assessment process for funding the maintenance and care of said facilities.
2.12. LIMITATIONS OF PLANI~ED UNIT DEVELOPME~
If, for any reason, all of the necessary final and nonap~able building permits, local
developmen! orders, certificates of adequate public facilities and certificates of occupancy
for two hundred ten (210) multi-family dwellings in a development which satisfies the
dimensional standards contained in this PUD document are not issued within four (4) years
after the Effective Date of the Amended Settlement Agreement, Miralia, his successors and
assigns shall have the right and option, but not the obligation, in addition to all other rights,
options or remedies provided to Miralia herein or under law, and not in limitation thereof, in
their sole and exclusive discretion to cancel and terminate the Amended Settlement
Agreement and this PUD Document and automatically, and cause the Cotmty to, reinstate in
lieu hereof the terms and conditions, uses, heights, densities and intensities described in the
Settlement Agreement by providing writ-ten notice to the County of their intention to
reinstate the Settlement Agreement at any tixne within five (5) years after the Effective Date
of the Amended Settlement Agreement.
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2.13. P_LT.D MONIT6RING
An annual monitoring report shall be submitted pursuant to Section ~.7.3.6, of the LDC.
2.14. SUBDMSION APPROVAL
The review and approval of all subdivisions within the Project shall follow the design and
development standards and review procedures in Article 3 of the Code in effect at the time
of development approval. The developer reserves the right to request substitution of design
sUmdards and request deviations pursuant to the Code to the standards set forth in
applicable regulations.
2.15. HTE DEVELOPMENT PLAN APPROVAL
The provisions of Article 3, Divisi6:, 3.3 of the LDC slmll apply to the development of
platted tracts or parcels of land prior to the issuance of a building permit or other
development order.
2.16. II'vI~P_ACI_EEE~
Miralia or his predecessor in title paid the sum of $375,985.00 in water and sewer impact
fees for the Miralia Property in 1981 and Miralia, his successors, or assigns are therefore
entitled to a credit in such amount against water and sewer impact fees. In the event that
said sum of $375,985.00 exceeds the water and sewer impact fees payable at the time said
fees are due, Miralia, his successors, or assigns shall not be entitled to any credit of such
excess monies against other impact fees or any other fee or charge, and such excess monies
shall be retained by the County and used by the County at its sole discretion.
Road impact fee credits shall be granted to the Developer in accordance with Section 3.06
of the Road Impact Fee Ordinance 92-22, should Collier County require a dedication of
land for road fight-of-way pursuant to Paragraph 47 of the Amended Settlement Agreement.
2.17. EASEMENTB FOR UTILITIES
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
reg~lations in effect at the time approvals are requested.
2.18. OPEN SPACE REQUIREMENTS
A combination of the lakes, landscape buffers and open space shall meet the 30% open
space requirement for development as set forth in Section 2.6.32.3 of the LDC. Open space
shall include all pervious greenspace within development parcels and lots.
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2.19. POLLING PLACES
This PUD is subject to the provisions in Section 2.6.30, Division 2.6, Article 2 ofthe LDC.
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SECTION IlI
LAND USES
The purpose of this section is to identify permitted uses and development standards for
areas within MIRALIA PUD.
3.2. MAX1MUM DEVELOPMENI
The land uses, including population densities and building intensities, permitted as of fight
or as uses accessory Io permitted uses on the Miralia PUD are as follows:
A. The maximum mount of retail commercial square footage is five thousand five
hundred (5,500) square feet, including permitted principal uses and conditional uses
on Parcels 5, 6, 7, and the south one-half(I/2) of Parcel 1 I.
B. The maximum number of multi-family dwellings is 210.
3.3. PERMITTED USE,~
A. Permitted Principal Uses as of right on Parcels 1 through 11: Multi-family
dwellings.
B. Permitted Principal Use,'; as of right on Parcels 5, 6, 7 and the south one-half(I/2) of
Parcel 1 I:
1. Antique shops; appliance stores; art studios; ~m supplies; automobile parts
stores; automobile service stations, fuel dispensing only, subject to Section
2.6.28, LDC, as amended.
2. Bakery shops including baking incidental to x,etail; banks (branch or main
office) and financial institutions; barber and beauty shops; bath supply
stores; blueprint shops; bicycle sales and se,"vio.'s; bookstores.
3. Care units, subject to Section 2.6.26, LDC, as amended; carpet and floor
coveting sales (including storage and installation); child care centers;
churches and other places of worship; clothing stores; confectionery and
candy stores.
4. Delicatessen; drug stores; dry cleaning shops; dry gr, ods stores and
department stores.
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5. 'Eating and drinking establishments or restaurants, including dancing and
staged entertainment facilities but no contract feeding, food service
(institutional), dinner theaters, industrial feeding, bottle clubs, cabarets,
cocktail lotrages, discotheques and night clubs.
6. Fish stores (retail only); florist shops; food markets; furniture stores; fut-rier
shops and fast-food restaurants.
7. Gift shops; gourmet shops and group care facilities (category I and category
II), subject to Section 2.6.26, LDC, as ranended.
8. Itardware stores; health food stores; hobby supply stores.
9. lee cream stores; ice sales (retail only); interior decorating showrooms (retail
only).
I O. Jewelry stores.
I I. Laundries (self-service only); leather goods and luggage stores; and liquor
stores.
12. Meat markets; medic~d offices or clinics for human care; millinery shops;
museums; music stores; and nursing homes, subject to Section 2.6.26, LDC,
as amended.
13. Office (general or professional).
14. Pet shops; pet supply stores; photographic equiprnent store:;; post office.
15. Radio and television sales and service; restaurants not including drive-ins.
16. Souvenir stores; stationery stores; shopping centers, subject to Division 3.3,
LDC, as amended; supermarkets; small appliance stores; shoe sales and
repairs.
17. Tobacco shops; toy shops; tropical fish stores.
18. Variety stores; veterinary offices and clinics not including outside kermeling.
19. Watch and precision instrument sales and repair.
20. Any other commercial use or professional service which is comparable in
nature with the foregoing uses and which the Planning Services Manager
determines to be compatible in the district.
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C. Permitted Accessory Uses on Parcels I through 11:
1. Accessory uses and structures customarily ad!;sociated with the permitted
uses.
2. Caretaker's residence, subject to Section 2.6.16, LDC, as amended.
3. Private docks, subject to Section 2.6.21, LDC, as amended, on Parcels 1
through 4. In the event that boat docks are COJkstmcted ~LS an accessory use
to the multi-family dv:ellings, the acttud nLunber of docks shall be the
greater of 74 or a number commensurate with the multi-family dwellings
use. Boat docks accessory to the multi-family dwelling use shall not
comprise a commercial use nor shall any boat docks accessory to the multi-
family dwelling use compris~ in part or in whole a public or private marina.
Fuel dispensing shall be prohibited. Rental of jet skis or other recreational
equipment which will be disruptive to the lagoon area 'shall be prohibited in
conjunction with aforementioned boat docks.
D. Permitted Conditional Uses on Parcels 5, 6, 7 and the south one-half(I/'2) of Parcel
11, subject to Section 2.7.4, LDC, Conditional Use Procedures:
1. Commercial schools
2. Mixed residential and commercial uses, subject to criteria contained in
Section 2.2.14.3, LDC, as amended, governing mixed residential and
commercial uses.
3.4. DEVELOPMENT STANDARDS
The following dimensional standards shall apply to any development on the Miralia PUD as
specified herein:
A. Minimum lot area: Ten thousand (10,000) square feet.
B. Minimum lot width: Seventy-five (75) feel
C. Minimum yard requirements:
1. Front yard: Twenty-five (25) feet).
2. Side yard: Fifteen (15) feet.
3. Rear yard: Fifteen (15) feet.
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4. Any yard abutting a
residentially zoned parcel: Twenty-five (25) feet.
5. Waterfront: Twenty-five (25) feet.
6. Any portion of a structure over one sto:y in height as measured from, and
parallel to, the noah property line abutting RMF-16 Zoning: Fifty (50) feet.
D. Minimum floor areas of principal structures: one thousand (1,000) square feet per
building on the ground floor.
E. Distance be..,veen slructures: Fifteen (15) feet.
F. Minimum off-street parking and off-street loading requirements: as required in
Division 2.3, LDC, as may be amended from time to time.
G. Minimum landscaping requirements: as required in Division 2.4, LDC, as may be
amended from time to time.
H. Merchandise storage and display: unless specifically permitted for a use, outside
storage or display of merchandise is protfibited.
I. Signs: as required in Division 2.5, LDC, as may be an'|ended from time to time.
J. Location of accessor), structures: as required by Division 2.6, LDC, as may be
amended from time to time.
K. Restricted access: access rights shall be determined in accordance with the
applicable County standards; however, in no event shall there be more than one
ingress/egress to the Ivliralia PUD from Vanderbilt Drive.
A. Required landscaped buffer areas: as required h~ Division 2.4, LDC, as may be
amended from time to time, provided, however that:
B. A landscape buffer shall be provided along the north properly line abutting RMF-16
zoning in accordance with Section 2.4.7.4, Alt,:rnative C, LDC, except that the
buffer shall be 25' wide.
C. A landscape buffer slmll be provided along the north property line abutting the
existing ! 00' wide waterway. The easterly 60' abutting the waterway shall contain
a buffer in accordance with Section 2.4.7.4, Alternative A, LDC, except the buffer
o2n4t96 -w05370{~2.Mc~, 3 -4
I -O537-C4-00,PPUD
area shall be 25' wide; the buffer area shall include a continuous 3' high hedge (2'
high at planting, one year to attain 3' height); and the buffer area shall contain a
ground cover throughout (planrings, landscape material, etc.). Sidewalks/decks are
permittee! within this easterly 60' buffer. The remainder of the property abutting the
waterway shall contain a buffer as required in Section 2.4.7, LDC.
3.6. HEIGHT OF STRUCT URI~
A. Heights: The maximum heights of structures measured vertically from the
established minimum base flood elevations (according to the Federal Emergency
Management Agency (FEMA) Maps) are as follows:
1. Multi-family dwellings: Ten (10) stories or one htmdred (100) feet,
whichever is greater.
2. All other structures: Fifty (50) feet, but not more than three (3) stories for
retail corninertial structures.
The initial development of the Miralia PUD may proceed in phases comprised of a multi-
family dwelling phase on Parcels 1 through 11, or portions th~:reof, and a retail commercial
phase on Parcels 5, 6, 7 and the south one-half (1/2) of Parcel 11, or portions thereof, and
the development of the phases may proceed in any sequence; but neither the entire
development nor any phase thereof must be commenced or completed within a specific
period of time based on a slx~ci~c finding by the Board of Collier County Commissioners
that a waiver of time limits is necessary to prevent injustice and facilitate propor
development, and any time limits provided for PUD districts by the LDC are therefore
hereby expressly waived by the County.
02/11,'96 -W05370,)02.MCP 3 -5
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:
ORDIN/!.~]CE NO. 96-12
Which was adopted by the Board of County Commissioners on the 26th day
of March, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 27th day of March, 1996.
DWIGHT E. BROCK
Clerk of Courts and.,'~e~k
Ex-officio to Board .~£
County Commissione'r" .'
: //Maureen K~nybn
Depu y C1 r ...... i~ .. ,