Ordinance 92-062:~, ,. ORDINANCE
91-102, ~E CO~E~ CO~ ~D
~DE ~I~ ,STABLISHES ~E CO~SI~ ~
ZONING ~TIONS FOR ~ ~INCOR~ '~
~DING ~ OFFICIAL ZONING AT~
~ 0629N~ BY ~GING ~ ZONING
~SIFI~TION OF ~ H~IN DES~IBED
~OP~ ~OM N~N TO "~D", P~D ~IT
D~~, ~0~ ~ MI~LI ~D, FOR A
MI~D USE ~MP~X (~D USES INC~DING
~CIAL ~D ~ID~I~) , FOR ~OP~
~D ON ~ S~ SIDE OF US-41 ~ST ~D
200 ~ NO~ OF ~I~E ~, LYING IN
SE~ION 29, ~SHIP S0 SO~, ~GE 26
~T, CO~I~ ~, F~RIDA~ CONSISTING
OF 8.7 A~S~ ~D BY ~OVIDING ~ EFFE~I~
DA~.
WHEREAS, the residential portion of the Hlceli Planned Unit
Development (PUD), which permits 60 dwelling units at a density
of 10.2 units per acre, hal been found to be inconsistent with
the Density Rating System contained in the Future Land Use
Element of the Growth Management Plan~
WHEREAS, the Collier County Growth Planning Department
petitioned the Board of County Commissioners to change the
zoning classification of the herein described real property to
be consistent with the Future Land Use Element of the Growth
Management Plan~
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY ..
COHHIBSION~RS OF COLLIER COUNTY, .FLORIDA~
The Zoning Classification of the herein described real
property located in Section 29, Township 50 South, Range 26
East, Collier Count~, Florida, is changed from SPUD" to "PUD",
Planned Unit Development, in accordance with the PUD document
attached hereto as Exhibit "A# which ie incorporated herein and
by reference ~ade part hereof. The Official Zoning Atlas Map
Number 0629N, as deacribed in Ordinance Number 91-102, is hereby
amended accordingly.
Ordinance Nmaber 84-71, known as the Hiceli PUD, adopted on
October 2, 1984 bM the Boar~ of County Commissioners o£ Collier
County, Florida, is hereb~ repealed in its entirety.
Thia Ordinance ehall become effeCcive upon receipt of
notice from the SecretarM o£ S~te ~a~ ~is Ordinance has been
fil~ vi~ ~e Secre~a~ o~
P~SED ~D ~? ~D ~ ~e Board of Coun~M
Cmisal~ers of Collie~ C~M~ Florida, ~is ~ dam o~
, ,= 02
·
MICHAEL ~. MICELI, TRUSTEE
PREPARED BYZ
WAFAA F. ASSAAD, A.I.C.P.
AGNOLI, ASSAAD, BARBER, BRUNDAGE & SHANNON, INC.
ENGINEERS, PLANNERS & LAND ~URVEYORS
7400 Tamiami Trail North
Naplee, Florida 33963
Date l~ued: September 20, 1984
REVISED JUNE 22, 1992 BY ~
COLLIER COUNTY GROWTH PLANNIN~ DEPARTMENT
SECTION 1
GENERAL DEVELOPMENT INFORMATION
It is the intent of Michael ~. M/celt, Trustee,
hereinafter called #applicant# or "developer", to
establish and develop a Planned Unit Development (PUD) on
certain properties located in Collier County, Florida.
1.02 ~
This Ordinance/PUD document shall be known and cited as
The Miceli PUD.
Subject property ie currently under the unified control
of the Applicant/Developer. "
.
1.04
Subject property ie approximately S.? acres and ie
located on the East Tamiami Trail (U.S. 41). It is ~he
intent of the Developer to provide a multiple family
residential development to be either rented or rented
with the option to purchase, and also to provide a
commercial complex as ehow~ on the Master Plan.
A home owner's association shall ha created to provide,
among other things, for the ownership and the maintenance
of the common elements.
The maximum number of dwelling units to he built on Tract
~A" of this property is seventeen (17).
A trac~ or parcel of land lying in the North half (N 1/2)
of Section 29, Township 50 South, Range 26 East, which
tract or parcel ie described as followe~
From the northeasterly corner of Block "D" of Unit No. 1,
Myrtle Cove Acres, according to a plat thereof recorded
in Plat Book 3, at Page 3S, Public Records of Collier
County, Florida~ run North 39'-04~ West for 247.15 feet
along a line 150 feet, measured on a perpendicular, from
and parallel to the center line of the Tamiami Trail
(State Road No. 90), the point of beginning of the lands
hereby conveyed. From said point of beginning run South
50'-56' West for 300 feet along a line parallel to the
northerly line of Lot 9 of said Block "D# of Unit No. 1,
Myrtle Cove Acres to the corner of the north line of said
Unit No. 1, Myrtle Cove Acres, common to Lots 9 and 10 of
Block aG" of said Unit No. l, Myrtle Cove Acree~ thence
run North S9'-35t West for 961.97 feet along the south
line of said North half of Section 29 and the north line
of said Unit No. 1, Myrtle Cove Acres to a point 30 feet
fro~ the southvast cor~er o~ said ~orth hal£ o£ Section
29I thence ~n no~herl~ along a l~ne 30 feet fr~ and
parallel to ~e ~est line o~ said ~To~h hale of Se~ton
29 for 308.99 feet~ thence ~n South 89'-35 East for
694.76 fee~ on a l~ne parallel 2o the south l~ne of sa~d
No~h halt of Se~on 29 and the no~h l~ne oE sa~d Uni~
No. 1, H~le C~e Acrei~ thence ~n ~o~h 50'-~6~ East
flor 300 feet along a line parallel to the no~herl~
oE ~t 9 o~ Block 'D' o~ said Unit No. 1, M~le Cove
~cres, to an lntersec~ion wi2h a line 150 fee2, measured
on a pe~endi~lar, from and parallel to the cen2er line
of ~e Tamiami Trail (S2ake Road No. 90)~ thence ~n
B~ 39'-04' Eas~ alon~ said parallel line for 400
to ~e poin2 of beginning.
~e ~icelX Planned Uni2 Developmen~ ia conaiaten~
~e Collier County Gr~h ~ana~emen2 Plan Eot the
foll~inq reaaons:
A. ~e pro~e~ ~ite i~ de~l~ated Urban Coastal Fringe
on ~he ~ture ~nd Use ~ap and in the. ~ture ~nd
Ule Ellen2. Proper~iea designated Urban Coa~al
Fringe are pe~i~ed a ba~e denli~ of up 2o 4 units
per acre. ~e pr~e~M t~ tn the Traff/c Conqeatlon
Area, a~ de~i~a~ed on the ~ure ~nd U~e ~ap and
in ~he ~ture ~nd Use glemem2, reeulti~q in ~he
a~rac~ion off I uni2/acr8 ~teldtnq an adJus2ed baae
den~itM of 3 unica per acre (fr~ 4 units/acre ~o
pro~le~ t~ no~ a~ropria~e. ~o okhar pr~i~ion~
den~ttM are applicable. ~e residential use~ in
~i~ ~ are pe~it2ed in the Urban Coastal Fringe
and ~e densiky of ~.0 units per acre confo~ to
~ ~naity ~inq SMs~em contained in the ~ture
~nd Use Elemen2. ~e co~erctal usam are pe~itted
via Poli~ 5.g off the ~ture ~nd Use Elemen~ al
cruet=ia1 potion of this ~D t~ impr~ed.
B. ~e proJe~ Aa c~pa21ble wi~ ~u~oundinq land ulel
a~ re,ired ~ Poli~ 5.4 o~ the ~kura ~nd Uae
I~7IJI~-FAMIT-Y RESIDEI~TAL/~RAC~ 'A~
re.la, tons ~or the areas dnslgnnted on the ~ster Plan
~ ~x~ o~ seventeen (17} dwelling units ~ay be
~st~ed In all o~ ~e ~ltl-Family Restdential/~ra~
~~D USES ~D
No ~il~inq or stature, or pa~ thereo~, shall
ere~e~, altere~ or use~, or lan~ or wate~ used, in ~ole
or in pa~, for other than the roll,lng=
A. Pe~it~ed ~incimal Uses and S~gtures~
~. I. ~lti-ffamily dwellings (conventional or m~ular)
2. Interim treatment plan2~ existing nurse~.
3. ~kes and water ~anagemen2 facilities.
.:~. B. Pe~i~ed Accesso~ Uses and S~ure~ ..
'*~ 1. ~sto~ accesso~ uses and stn~ures.
2. Si~s as pe~itted by ~e Collier Co~ty
C~e in effe~ at ~e time si~ pe~tts and/or
building pe~its are recessed.
3. ~el h~es/apa~ents shall be penltted tn
conJun~ion vtth the promotion o~ ~e
development. Such m~el h~es shall be
for a peri~ of one (1) year fr~ ~e initial uss
as a m~el. ~e Develo~en~ Se~ices Dtre~or
may au~orlze the e~enston o~ such use upon
~ttten repes~ and ~usttftcation.
All yards, setbacks, etc. shall be applied In
relation to khe trac~ boundaries.
~ ~a~ boundaries= one half of p~tnclpal
bounding hetgh~ wlbh a mlnlmum distance of
~wen~y five (25) feet.
Distance between any two principal statures:
~i~teen (15) feet or a distance e~al ~o one
half (2/2) the a~ o~ their heights, which~er
. is greater.
2.04.03 ~XI~ BUILDING HEIGHT~
~o (2) habitable/living stories a~e parking.
2.04.04
~50 S~uare Feet.
2.o4.os
~ ~ay be permitted or re~ired ~ ~e a~licable
Collie~ C~ty Zoning C~e in e~fe~ at ~e time
anM develo~ent o~ar (e.g. Site ~elo~ent
-: .- Plan) is re~es~ed.
2.04.0~
~ ~y be pe~i~e~ or re~ice~ bM ~e applic~le
Colliec Corem ~i~ C~e i~ ef~e~ a~ ~e ~ime a
SeCTiON ZZZ
,., 3'01 P~RPOS~
The purpose of thlm Baction im to met £orth the
regulations for the steam designated on the liaater Plan
mm ¢ozmnsrcial/Tract "B".
3 o 02 PN~i~'I~ED USES ~d~D
7o building or structure, or part thereof, shall be
mrected, altered or used, or land or vater used, in vholm
or in part, for other than the follovtnq:
Permitted Prlncival Uses andStructure~:
1. Antiqua shops~ appliance stores~ art studtoa~ art
supply shops~ auto~obila parts etores~ eyeing
shops.
Bakery ehopal banks and financial institutional
barber and beauty shops~ bath supply atoraal
bicycle sales and aervtcee~ blueprint shops~
bookbinders~ book storssl business lachtne
sarvicaa°
3. Carpet and floor coverinq sales - vhich lay
include storage and installation; child care
centare; clothing stores; cocktail lounges
sub, act to locational requirements of Section
2.6.10 of the Land Develolment Code~ commercial
recreation uses - indoor; confectionery and candy
4. Dellcatessenal drug stores; dry cleaning shopsl
dry goods stores; and drapery shops.
S. Electrical supply stores; existing nursery.
6. Fish market - retail only~ florist ehopal food
larkets~ fraternal and social clubs - sub~ec'c to
locational requirements of Section 2.6.10 of the
Land Develolment Code; furniture stores.
7. Garden supply stores - outside display in side and
rear yardsl gift ehopal qlaes and mirror
gourmet shops.
. 8. Hardvara stores; health food stores.
~' 9. Ice cream atorea~ interior decorating ahoy roo~.
m 10. ~evalry stores.
~ 11. Laundries - self service only~ leather qoodal
liquor atoraa~ lock, lths.
12. ~arkata - food~ larkets - meat~ medical offices
and clinical ~llllnary shops~ music stores.
12. O~£ice - qeneral~ of£tca supply stores.
14. Paint and wallpaper stores~ pet shops, pet supply
shops~ photo~raphio equipment stores~ pottery
stores~ printing~ publishing and mimeograph
service shops~ private clubs - sub~ec~ to
locational requirements of Section 2o6.10 of
Land Development Code~ professional offices.
15. Radio and television sales and services~ research
.. and design labs~ restaurants - including drive-in
or fast food restaurants - subJec~ to locational
requirements of Sec~cion 2.6.10 of the Land
'' . Development Cc~e.
16. Shoe repair~ shoe stores! souvenir stores~
stationa~ stores.
17. Tailor shops; tile sales - ceramic tile; tobacco
shops;_to~ shops~ tropical fish stores.
18. Upholster~ shops.
19. Variety shops~ veterinarian offices and clinics -
no outside kennels.
20. Watch and precision instrument repair shops~ waste
water treatment facilities.
21. ~ny other use which is comparable in nature
the foregoing uses and which the Development
Services Director deter~inas to be compatible in
the district.
B. Permitted Principal Uses and Structures Re~uirina Site
1. Permitted uses with less than 1,000 square feet
gross floor area in the principal structure.
C. Permitted Accessorv Uses and Struc~urem
1. ~Ccessor~uses and structures customarily
associated with the uses permitted in this
district.
2. Caretaker's residence.
3. Signs as permitted by the Collier County Sign code
in effect at the time sign permits and/or building
per. its ars requested.
3.03 PROPER~Y DEVELOPMENT REGU[ATIONS
3.03.01
All yards, setbacks, etc., shall be in
relation to the tract bcundaries.
3.03.02 MINI~UNSE'PB~S~
Fro~ tract boundaries, one-half (1/2) of
principal building height with a ~tni~um
of~
F~ont (U.S. 41) 25 Feet
Bide ~one; or a
of five (S)
with unobstructed
passaqe £rom £ront
~o rear yard.
Rear 25
D~s2ance between an~ two principal
it~ctures~ Ten (~0) fee2.
3.03.03 ' ' '
One ~ousand (~,000) s~are tee~ per
bu~ld~ng on ~o~d floor.
3.03.04
FIEt~ (50) fee2.
3.03.05 - ·
~1 ~ay be pe~[2ted oc re~[~ed ~ the
a~l~cable Collier C~nt~ Zoning C~e ~n
etfe~ at the t~me an7 develo~ent o~er
(e.g. S~te ~velop~en~ Plan) ~1 forested.
3.03.06 ~
Al ~y be pe~l~ed ~ ~e a~lic~le
Collier County Sl~ C~e in effe~ a2
ti~e a ll~ pe~ and/or building
Al re~es2ed. ..
~.03;~7 . ·
A. ~ndscapinq, buffer areas and
supplementa~ diitri~ zoning
re~lations ~at ma~ be applicable
ce~ain uses able shall be a~ered to
~less in conflic2 with an~ of the
inten2 or the pr~isions ~pecified
herein.
B. Herchandlle ikorage and display.
Unless specifically pe~i2ted for a
given use, outside storage or display
of ~erchandlle il prohibi2ed.
SECT~O~ ~V
DEVELOPI~ENT
4o0~ ~
~ / The purposa of this Section is to set forth the general
s~andarda and commitments for devalopmant of the project.
X. Subject to FDOT approval, the developer shall provide
left and right turn lanes on US-41 at the project
B. The developer shall provide arterial level street
lighting at th- reject entrance. The operating and
~aintenance cos~ of the units shall be asstmed by
Collier County at such time as a street light system
is established along this section of US-41.
C. Primary accesa shall be from U.S. 41.
D. Internal road systems ara intended to be private.
A bike path shall be provided along US-41 along the
front of the property.
F. A bike path shall be provided from the western end of
the residential tract to US-41. .
G.Access through Lots I & 2 of Block G of Myrtle Cove
Acres sulxllvtaton to the south iS prohibited.
4.03 DEVELOPMENT PLAN
A. The proposed Master Plan iljustrates the tentative
development, uses and locations of certain
B. The design criteria and layout iljustrated on the
Master Plan shall be understood as flexible so that
the final design may best satisfy the project and
comply with all applicable requirements.
C. Minor design changes, such as but not limited to,
locations of buildings, distribution of dwelling
units, building types, etc., shall be permitted
subject to the staff approval.
D. The size of the commercial facilities may be
increased over that shown on the Master Plan provided
that other applicable development regulations, such
as parking setbacks, etc., are met.
4104 FTR~ PREVENTION
The development shall comply with applicable codes and
regulations.
4 · 05 ~RONMENTAL CONSIDERATIONS
A.Native species shall be utilized, where available, to
the maximum extent possible in the site landscaping
4-1
~ design. A landscaping plan will be submitted to
Project Review Services staff for their review and
f.' approval. This plan will depict the incorporation of
native species and their mix with other species, if
any. The goal of site landscaping shall be the
· ,recreation of native vegetation and habitat
characteristics lost on the site during construction
or due to past activities as ~uch as practically and
' ~.~. economically feasible.
B. Ail exotic plants, as defined in the Land Development
~ Code, shall be removed during each phase of
construction from development areas and open space
areas. Following site development a maintenance
program shall be implemented to prevent reinvasion of
the site by such exotic species. This plan, which
will describe control techniques and inspection
intervals, shall be filed with and subject to
approval by ProJect ReviewServicee staff.
4.06 WATER MANAGEMENT
Ao Detailed site drainage plane shall be submitted to
the Development Services Director for review. No
~, construction permits shall be issued unless and until
'".? approval of the proposed construction in accordance
;, with the auh~ittad plans is qranted by the
'~' Development Services Director.
B. An Excavation Permit will be required for the
proposed lakes in accordance with the Collier County
Excavation Regulations.
C. The developer shall provide a 50 foot wide drainage
easement to encompass the relocated outfall ~wale
~,, along the nor~i and week boundaries of the project.
:,.'- D. The'developer shall provide a 50 foot side drainage
easement to encompass the relocated surfs11 swale at
~ the northwest corner of Lot 1, Myrtle Cove Acres.
E. The developer shall provide a 10 foot side minimum'
drainage easement along the entire south proper~y
!, line bordering Myrtle Cove Acres.
'ii', F. The developer shall clean out the existing ditch
along the project southerly boundary line.
4.07
~' A. Central wa~er distribution and sewage collection and
transmission systems will be constructed throughout
the project development by the developer pursuant to
all current requirements of Collier County and the
State of Florida. The proposed water and sewer
facilities will be constructed within easements to
be dedicated to the County for utilitypurposee or
within platted rights-of-way. Upon completion of
construction of the water and sewer facilities
within the project, the facilities will be tested to
insure they meet Collier County*s minimum
requirements at which time they will be dedicated to
the County pursuant to appropriate County Ordinances
and Regulations in effect at the time dedication
requested, prior to being placed into service.
~'"
'~?' Bo All construction plans and technical specifications
and proposed plats~ i£ applicable, £or the proposed
.water distribution and sewage collection and
:: trans~iseton facilities ~ust be reviewed and
approved.by the Utilities Division prior to
commencement of construction.
C. tll customers connecting to the water distribution
and sewage collection facilities viii be customers
of the County and will be billed by the County In
accordance with a rate structure and service
agreement approved by the County. Review of the
proposed rakes and subsequent approval by the Board
of County Commissioners must be completed prior to
activation of the water and sever facilities
servicing the pro, act. Rate reviews must be in full
c~pliance with County Ordinances ~o. 76-71 and
83-18 as amended, revised or superseded.
D. It is anticipated that the County Utilities Division
will ultimately supply potable water to meet the
consumptive demand and/or receive and treat the
sewage generated by this pro~sct. Should the County
system not be in a position to supply potable water
to the project and/or receive the project's
wastevater at the time development commences, the
Developer, at his expense, viii install and operate
interim water supply and on-site treatment
facilities and/or interim on-lite sewage treatment
and disposal facilities adequate to meat all
requirements of the appropriate regulatory agencies.
Eo A~Agreement shall be entered into between
County and the owner, legally acceptable to the
County, stating that=
1. ~he proposed water supply and on-site treatment
facilities and/or on-site vastevater treatment
and disposal facilities, if required, are to be
constructed as parc of the proposed pro, act and
must be regarded as interlm~ they shall be
constructed to State and Federal standards and
are to be owned, operated and maintained by the
owner, his assigns, or successors until such
time as the County's Central Water Facilities
and/or Central Sever Facilities are available to
service the pro, act. Prior to placing the water
treatment, supply and distribution and/or sewage
collection, transmission and treatment
facilities into service the developer shall
submit, to the County (Utility Rate Regulating
Board) for their review and approval, a schedule
of the rates to be charged for providing
processed water and/or sewage treatment to the
pro, act area.
2. Upon connection to the Countyts Central ~ater
Facilities, and/or Central S~er Faoilitiss, the
o~ner, his assiqns or successors shall abandon,
dismantle and remove fro~ the sits the interim
water and/or sewaqe treatment factlit~ and
discontinue uae of the water supply source, if
applicable, in a manner consistent with State of
Florida Standards. All work related with this
activity shall be performed at no cost to the
County.
3, Connection to the County's Central Water and/or
Sewer Facilities will be made by the owners,
· their assigns or successors at no cost to the
County within 90 days after such facilities
become available.
4. All construction plans and technical
specifications related to connections to the
County's Central Water and/or Sewer Facilities
will be submitted to the Utilities Division for
review and approval prior to commencement of
construction'.
5. Se owners, their assigns or successors shall
agree to pay all applicable system development
charges at the time that Building Permits are
required, pursuant to appropriate County
Ordinances and Regulations in effect at the t~me
of Permit request. This requirement aha11 be
made k~no~ to all prospective buyers of
properties for which building permits will be
required prior to the start of building
construction.
6. Se County at its option may lease for operation
and maintenance the water distribution and/or
sewage collection and transmission system to the
project owner or his assigns for the sum of
$10.00 per year. Terms of the lease shall be
determined upon completion of the proposed
utility construction and prior to activation of
the water supply, treatment and distribution
facilities and/or the sewage collection,
transmission and treatment facilities.
F. Data required under County Ordinance No. 80-112
showing the availability of sewage service, must ~
submitted and approved by the Utilities Division
prior to approval of the construction documents for
the project. Submit a copy of the approved DER
permits for the sewage collection and transmission
systems and the wastewater treatment facility to be
utilized, upon receipt thereof.
If an interim on-site water supply, treatment and
transmission facility ie utilized to serve the
proposed project, it must be properly sized to
supply average and peak day domestic demand, in
addition to fire flow demand at a rate approved b~
th appropriate Fire Control Dlstric~ servicing the
project area.
~.2092
I, J~S C. GILES, Clerk of Courts In and for the
here~ certify that the foregoing lea tme co~
Ordln~c~ ~o.
~lch ~ adopted ~ the Board of Cowry Co~t~.toner~ on
~SS ~ h~d ~d the official seal of the Board of
Co~W Co~ls~loner~ o~ Collle~ Cowry, Florida, this 8th
C~erk of Courts ~d
.g?~ Ix-officio to Board o~ .., ,' ../..
B~: ~Maureen ~nyon '/~',..'.." ..'.;' ¢ ,~' ~;.
( Be~t~ Clerk ' .' ~'~.~,~..~ ~.'* - '