Ordinance 81-23 ORDINANCE ~1 - 23
AN ORDINANCe. AMENDING ORDINANCE 76-30
COMPREHENSIVE ZONING REGULATIONS FOR ~{~
UNINCORPORATED AREA OF THE COASTAL AR~%
PLANNING DISTRICT BY AMENDING THE ZONING
ATLAS MAP NUMBER 50-26-9 BY CHANGING THE
ZONING CLASSIFICATION FROM "GRC" GENERAL
RETAIL COMMERCIAL TO "PUD" PLANNED UNIT
DEVELOPMENT ON THE FOLLOWING DESCRIBED
PROPERTY: LOTS 23-26, BLOCK "A", MYRTLE
COVE ACRES, UNIT NO. 1; AND BY PROVIDING
AN EFFECTIVE DATE
WHEREAS, Wilson, Miller, Barton, Soil & Peek, Inc., repre-
senting Mr. Craig Meffert, has 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 is changed'from "GRC" General Retail Commercial to
"PUD" Planned Unit Development and is subject to all the
conditionm as required herein and the Zoning Atlas Map Number
50-26-9 as described in Ordinance 76-30 is hereby amended
accordingly~
PLANNED UNIT DEVELOPMENT
FOR
MYRTLE WOODS
BY
C~AIG MEFFERT
DOCUMENT PREPARED BY:
WILSON, MILLER, BARTON, SOLL & PEEKw INC. :
(WAFAA F. ASSAAD, A.I.C.P.) ~:
DATE ISSUED] ~e~. 18,1981.:
DATE APPROVED BY CAPC~ ·
DATE APPROVED.BY BCC: ~-~-81
INDEX
SECTION I STATEMENT OF COMPLIANCE
SECTION II PROPERTY OWNERSHIP & DESCRIPTION
SECTION III TRACT "A" - DEVELOPMENT REG'ULATIONS
SECTION IV TRACT "B" - DEVELOPMENT REGULATIONS
SECTION V DEVELOPMENT COMMITMENTS
PAGE
2
'3-6
7-8
9
STATEMENT OF COMPLIANCE
The development o~.5.66 acres of property in Section 29, Township
50 South, Range 26 East, Collier County, Florida, as a Planned Unit
Development will comply with the planning and development
objectives of Collier County. These objectives are set forth in"
the Comprehensive Plan~ which includes the Growth Policy and
Official Land Use Guide, all of which were adopted by the Board of
County Commissioners. The Myrtle Woods Planned Unit Development
will meet the'planning and development objectives for the following
r~asons~
1) The proposed Land Use is compatible with the
surrounding uses.
2) The project rates the necessary rating points to
determine it to have existing community facilities and
services for the planned residential and
non-residential 6ses and therefore is not leapfrog
growth.
3) The project shall comply with the applicable zoning and.
subdivision regulations and all other County and State
laws dealing with the development of the property.
4) An arterial ~oadway is in existence'along the
northeastern boundary of the site.
5) The project will be served by County approved potable
water, wastewater treatment and water management
systems.
SECTION 1
PROPERTY OWNERSHIP & DESCRIPTION
LEGAL DESCRIPTION
All of Lots 23, 24, 25 & 26, Block "A" Myrtle Cove Acres Unit
No. I according to the plat thereof as recorded in Plat Book
3, page 38, Collier County Public Records, Collier County,
Florida.
TITLE TO PROPERTY
Title to the property is currently held by Craig Merrett
Partners, 1525 County Road 951, Naples, Florida 33999.
SECTION
TRACT 'A" - DEVELOPMENT REGULATIONS
2el.
2.2.
Purposc~ The purpose of this Section is to set forth the
regulations for the development of Tract "A" of this Planned
Unit Development.
Permitted Uses aq~ Structures. No building or structure, or
part thereof, shall be erected, altered or used, or land or
water used, in wh61e or in part, for other than the
following~
Permitted ~riQcipal Uses and Structures~
(1) Antique Sh0pes
(2) Appliance Stores
(3) Art Studios
(4) Art Supply Shops
(5) Automobile Parts Stores
(6) Automobile Service Stations without repairs*
(7) Awning Shops
(8) Bait & Tackle Shops
(9) Bakery Shops
(10) Banks and Financial Ins~ituti~ns
(11) Barber and Beauty Shops
(12) Bath Supply Stores .
(13) Bicycle Sales and Services
(14) Blueprint Shops
(15) Bookbinders ·
(16) Book Stores
(17) Business Machine Service
(18) Carpet and Floor Covering Sales - Which may include
storage and installation'.
(19) Churches and other places of worship.
(20) Clothing Stores
(21) CocKtail Lounges*
(22) Commercial Recreation Uses - Indoor
(23) Commercial SchooLs ~
(24) Confectionery & Candy Stores
(25) Delicatessens
(26) Department Stores
(27) Drug Stores
(2~) Dry Cleaning Shops
(29) Dry Goods Stores
(30) Electrical Supply 'Stores
(31) Florist Shops
(32) Fraternal and Social Clubs*
*In accordance with applicable supplementary district regulation of
the zoning ordinance in effect at time of application for buildlDg
Fermits.
(33) Funeral Homes - May include accessory residence
(34) Furniture Stores
(35) Furrier Shops
(36) Garden Supply Stores - Outside Display in rear
(37) General Offices
(38) Gift Shops
(39) Glass and Mirror Sales - Which may include storage
and installation
(40) Gourmet Shop
(41) Hardware Stores
(42) Hat Cleaning & Blocking
(43) Health Food Stores
(44) Hobby Supply Stores
(45) Hospitals'
(46) Hotels ·
(47) Ice Cream Stores
(48) Interior decorating Showrooms and Office
(49) Jewelry Stores
(50) Laboratories - Film, Research and Testing
(51) Laundries, Self-Service Only
(52) Leather Goods
(53) Legitimate Theatres
(54) Liquor Stores
(55) Locksmith ~
(56) Marinas
(57) Markets, Food
(58) Markets, Meat
(59) Medical Clinics
(60) Millenary Shops '
(61) Motels
(62) Motion Picture Theatre~
(63) Museums
(64) Music Stores
(65) New Car Dealerships - Outside display'permitted.
(66) News Stores
(67) Office Supply Stores
(68) Paint and Wallpaper Stores
(69) Pet Shops
(70) Pet Supply Shops
(71) Photographic Equipment Stores
(72) Pottery Stores
(73) Printing, Publishing and Mimeograph Service
(74) Private Clubs
(75) Professional Offices
(76) Radio and Telev~sion Sales and Services
(77) Research and Design Labs
(78) Rest Homes and Sanitoriums
(79) Restaurants, not in.~luding drive-ins
(80) Retail Fish Markets
-4-
(81) Shoe Repel=
(82) Shoe Stores
(83) Shopping Centers - less than 25,000 square feet'
gross floor area on ground floor
(84) Souvenir Stores
(85) Stationery Stores
(86) Supermarkets
(87) Tailor Shops
(88) Taxidermists
(89) Tile Sales - Ceramic Tile
(90) Tobacco Shops
(91) Toy Shops
(92) Tropical Fish Stores
(93) Upholstery Shops
(94) Variety Stores
(95) Vehicle Rental - Automobiles only
(96) Veterinarian Offices and Clinics.- no outside
kennels
(97) watch and Precision Instrument Repair Shops
(98) Drapery Shops
(99) Any other commercial use or professional service'
which is comparable in nature with the. foregoing
uses and which the Director determines to be
compatible in the district.
PERMITTE~ PRINCIPAL USES AND STRUCTURES SUBJECT TO SITE
PLAN REVIEW,
(1) Shopping Centers - More than 25,000 square feet
gross floor area on ground floor~
(2) Commercial Recreation - Outdoor
(3) Drive-In.Theatres
(4) Car Wash
(5) Residence in conjunction with business
(6) Child Care Center
(7) Permitted use with less than 1,000 square feet gross
floor area in the principal structure..
(8) Equipment Rentals-Including lawn mowers, power saws,
etc.
(9) Vehicle Rentals
(10) Used Car Lots
C. PERMITTED ACCESSORY USES AND STRUCTURES:
Accessory uses and structures customarily associated with
uses permitted in this district.
2.3. Minimum Lot Areat~ None.
2.4. Minimum Lot Width= None
2.5. Minimum Yard Reguirements~
A. Depth of Front.Yard Setback - Fifteen (15)'feet in which
no parking space shall be allowed.
Depth of Side Yard Setback - None or a minimum of five
(5) feet with unobstructed passage from front to rear
yard.
C. Depth of Rear Yard Setback - Twenty-five (25) feet.
2.6. Minimum Floor Area of Principal Structure: One Thousand
(1,'000) ~'~uare fee~ per building On the ground floor. '
2.7.. Maximum Height: One Hundred (100) feet above the finished
grade of the Lot.
In order to comply with ~he minimum flood elevation
requirements, the maximum height of a structure shall be
measured from the minimum base flood elevation required by'
the Flood Elevation Ordinance.
2.8.
Minimum Off-Street Parking and Off-Street Loading.
Requirments:
As required by zoning ordinance in effect at time of
application for Building permits.
2.9.
Minimum Lagdscapin~ Requirments: As required by zoning
Ordinance in effect at time of application for building.
permit.
2.10. Limitation On Signs: As required by zoning ordinance in
effec~ at time of application for building permit.
2.11. Merchandise Storage and Display: Unless specific~lly
permitted for a given use, outside storage or display of
merchandise is prohibited.
-6-
SECTION III
TRACT "B" - DEVELOPMENT REGULATION
3.2,
PURPOSE: The purpose of.this section is to set forth the
regulation for the development of Tracts
PERMITTED USES & STRUCTURES:.
No building or structure, or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in part,
for other than the foilowing~
A. ' Permitted Principal Uses and Structures
C®
(1) Multi-Family Dwellings
(2) Water Management facilities and lake(s).
Permitted Accessory Uses and Structures
(1) Customary accessory uses and structures.'
(2) Signs
(3) Recreational facilities
Permitted Us6s and Structures subject to Site Development
Plan Approval. .
(1) Single family dwelling(s).
MAXIMUM DENSITY: A mawimum of 45 units.
MINIMUM YARD REQUIREMENT,
A. Depth of front yard - Thirty (30) feet plus one (1) foot
for each two (2) feet of building height over thirty (30)
feet.
Depth of side yard - Fifteen (15) feet plus one (1) foot
for each two (~) feet of building height over thirty (30)
feet.
Depth of rear yard - Thirty' (30) feet plus one (1) foot
for each two (2) feet of building height over thirty (30)
feet.
-7-
3.5.
3.6.
3.8.
Distance between Struotures]
The distance between any two (2) princ~pal structures
shall be fifteen (15) feet or a distance equal to
one-half (1/2) the sum of their heights, whichever is the
greater.
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES=
A. 750 Square feet per dwelling unit (minimum of 40% of the'
total number of units).
575 Square fuet per unit'(maximum of 60% of the total
number of units), "
MAXIMUM HEIGHT OF STRUCTURES=
Three (3) stories above the finished grade of the Lot.
In order to c~mply with the minimum flood elevation
requirements, the maximum height of a structure Shall be
measured from the minimum base flood elevation required by
the Flood Elevation Ordinance.
MINIMUM OFF-STREET PARKING: As required by the zoning
ordinance in effect at time of application for building
permit.
LIMITATION'ON SIGNS: As permitted by the zoning ordinance in
effect at time of application for building permit.
4.].
4.2.
4.3.
SECTION IV
DEVELOPMENT COMMITMENTS
ACCESS FOR TRACT
Access to Tract "B# shall be from U.S~-41 across Tract
Commercial (Tracts "A"~ and "B" are identified on Drawing
File No. RZ-31 issued by Wilson, Miller, Barton, Soll & Peek~
Inc.) '
WATER SUPPLY8
~otable water shall be supplied by the extension of the
existing Collier County Water System, in front. The design
and construction of the potable water distribution system
shall comply with all applicable local and state
regulations.
WATER MANAGEMENT,
The Water Management System shall comply with the
requirements of the South Florida Water Management District
and Collier County. The final water management system design
shall be reviewed and approved by the County Engineer, prior
to Commencement of Development..
SANITARY SEWAGE TREATMENTs
A sanitary sewage system shall be provided to'comply with'all'
applicable local.and state requirements. Until such time as
an area wide/County system is made available for connection,
this development shall be connected to the approved Bruce
Mumm/Treetops sewer treatment facility, which is partly and
jointly owned by Bruce Mumm and Craig Meffert, and which
shall be expanded to accommodate this development.
This connection is temporary and connection to a County
(District) system shall be made at no cost to the District
when such becomes available.
The'currently established rates are as follows~
Multi-family Residential $ 11.00 per mont'/per unit
Commercial Uses $ 22.00 per month/per toilet
fixture
Future rate increases shall be fair and. equitable to all
parties involved and shall be reviewed and approved by the
Board of County Commissioners prior to their implementation.
Ra~es shall also be reviewed at periodic intervals to
determine their adequacy and fairness.
-9-
4.5.
T~FFIC CIRCULATION REVIEW:
· At the time of development plan approval~ adequate' internal
traffic circulation must be provided on the development plan
for the review and approval by the County Traffic Planne=o
-10-
SECTION TWOI
This Ordinance shall become effective upon receipt of
notice that it has been filed with the ~ecretary of State.
DATE~ May 5. 1981
"'STATE OF FLORIDA )
COUNTY OF COLLIER )
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I, WILLIAM J. REAGAN, Clerk of Courts in and for th~
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify.that the foregoing is a true original of:
ORDINANCE NO. 81-23
which was adopted by the Board of County Commissioners during
Regular Session May 5, 1981.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 6th day
May, 1981.
WILLIAM J. REAGAN
Clerk of Courts and Clerk .
Ex officio to ~oard,o~,,ll~,',.",., .
County Comm:L~sioneS~Fi .... ...:....r,j, ..,,
. '~//~.' _ · _..s,-~'~.?_i.;g :: ',','~.'
By ~.-~-6.e~. -//~.'/Z.~m-_~-~f,~,
,. -. ':
Deputy Clerk ~.,' ~'~., ' ,.~.-' .
.....
the 14th day of May, 1981 and acknowledgement of that
filing received this 18th day of May, 1981.
' Deputy Clerk
t ~