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Ordinance 80-091ORDINANCE 80 - 91 AN ORDINANCE AMENDING ORDINANCE 80-18 BY COR- RECTING THE LANGUAGE OF THE PLANNED UNIT DE- VELOPMENT DOCUMENT ADOPTED FOR BARNETT BANKS TRUST COMPANY FOR PROPERTY LOCATED IN SECTION 32, TS0S, R26E AND BY PROVIDING AN EFFECTIVE DATE WHEREAS, on January 29, 1980, the Board of County Commissioners considered Petition R-79-34C requesting rezoning to PUD; WHEREAS, the final PUD document forwarded to the Secretary of State did not contain amendments made during the Board of County Commissioners' public hearing; NOW, THEREFORE BE IT ORDAINED by the Board of County Com- missioners of Collier County, Florida~ SECTION ONE: Ordinance 80-18, as approved by the Board of County Commis- sioners on January 29, 1980 is amended as hereinafter described: PLANNED U~IT DEVELOPMENT DOCUMENT FOR BRUCE MUMM PREPARED ]~Y: WILSON, MILLEI~, !BARTON, SOLL & PEIgK, INC. INDEX PROPERTY OWNERSHIP & DESCRIPTION 2-3 TRACT "A" - DEVELOPMENT REGULATIONS 4-7 TRACTS "B" & "C" - DEVELOPMENT REGULATIONS 8-9 DEVELOPMENT COMMITMENTS LOCATION MAP 10 ATTACHMENTS STATEMENT OF COMPLIANCE The development of 19.31 acres of property in Sections 29 and 32, 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 an4 Official Land Use Guide, all of which were adopted by the Board of County Commissioners. The Bruce Mumm Planned Unit Development will meet the planning and development objectives for the following reasons: 1) The proposed land use is compatible with the surrounding uses. 2) 3) The project rates the necessary rating points to determine it to have existing community facilities and services for the planned resi- dential and non-residential uses and therefore is not leapfrog growth. The project shall comply with the applicable zoning and subdivision regulations and all other County and State laws dealing with the develop- ment of the property. 4) An arterial roadway is in existence along the nor. theastern boundary'of th~ site. 5) The project will be served by County approve~ potable water, wastewater treatment and.water management systems. -1- SECTION i PROPERTY OWNERSHIP & DESCRIPTION 1.1. LEGAL DESCRIPTION BEGINNING at the North 1/4 corner of Sectlo~ 32, Township 50 South, Range 26 East, Collier County, Florida; thence along the North line of said Section 32 and along the South line of Block "A" of Myrtle Cove Acres Unit No.. according to the plat thereof as recorded in Plat Book 3, page 38, Collier County Public Records, Collier County, Florida, South 89°-35'-57" East 641.51 feet to the Westerlymost corner of Lot 31 of said Block "A"; thence along the Northwesterly line of said Lot 31, North 50°-56'-00" East 279.15 feet to the Southwest Right-of-Way line of U.S.-41; thence along said Southwest Right-of-Way line of U.S.41, South 39°-04'-00" East 400.14 feet; thence South 50°-56'-00" West 710.11 feet; thence South 39"-04'-00# East 253.76 feet; thence along the Northwest line of Trail Acres according to thc plat thereof as recorded in Plat Book 3, page 50, Collier County Public Records, South.5°-56'-00" West 577.11 feet; thence North 39~-04'-00." West 350.97 feet; thence North 0~-07'-08'' East 800.44 feet to the Place of Beginning; being a part of the North 1/2 of Section 32, Township 50 South, Range 26 East, Collier County, Florida; and being all of Lot 31 of Block "A" of said Myrtle Cove Acres Unit No. 1; Also all of Lot 29 and all of Lot 30 of Block "A" of Myrtle Cove Acres Unit No. 1 according tO the plat thereof as recorded in Plat Book 3, page 38, Collier County Public Records, Collier County, Florida; All subject to easements and restrictions of record; containing 19.31 acres more or less. 1.2. TITLE TO PROPERTY Title to the property is currently held by Barnett Banks TruSt Company N.A% Trustee, 796 5th Avenue South, Naples, Florida 33940.1.']! -2- 1.3. PHYSICAL DESCRIPTION Elevations within the property are in the range of 5 to 6 feet above Mean Sea Level. The soil type is predominantly Immokalee Fine Sand with some Pompago Fine Sand. The entire parcel, except for small scattered areas of Pine and Palmetto has been previously cleared and is void of any sensitive vegetation. -3- SECTION II TRACT "A" - DEVELOPMENT REGULATIONS 2.1. Purpose.. The purpose of this Section is to set forth the regulations for the development of Tract "A" of this Planned Unit Development. 2.2. Permitted Uses and Structures. No building or structure, or part thereof, ~hal~ be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Antique Shops (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 (~0) Banks and Financial Institutions (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 inskallation. (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 (28) 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 buildSng permits. (33) Funeral Homes - May include accessory residence (34) Furniture Stores (35) Furrier Shops (36) Garden Supply Stores - Outsid~ 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 (Sl) 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 Theatres (63) Museums (64) Music Stores (65) New Car Dealerships - Outside display p.ermitte~ (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 Television Sales & Services (77) Research and Design Labs (78) Rest Homes and Sanitoriums (79) Restaurants, not including drive-ins (80) Retail Fish Markets -5- Ce (81) Shoe.Repair (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 serv~oe which is. comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. PERMITTED 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 -(Il)Mini-Storage Units with on-site management PERMITTED ACCESSORY USES AND STRUCTURES: Accessory uses and structures customarily associate~ with uses permitted in this district. --6-- ' .2.3. Minimum Lot Area: None 2.4. Minimum Lot Width: None 2.5. Minimum Yard R.equirements: Depth of front yard Setback - Fifteen (15) feet in which no parking'shall be allowed. Depth of Side Yard Setback - None or a minimum of five (5) feet with unobstructed passage from front to rear yard. Ce Depth of Rear Yard Setback - Twenty-fiv~ (25) feet. No rear yard required for marinas.' 2.6. Minimum Floor Area of Principal Structure: One Thousand (1,000} square feet per building on the ground floor. 2.7. Maximum ~ei~ht: One Hundred (100) feet'above the finished grade of the Lot. In order to comply 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. 2.8. Minimum Off-St~eet Parking and Off-Street Loadin~ Requlrements: As required by zoning ordinance in effect.at time of application for building permits. , 2.9. Minimum Landscaping Requirements: As required by zoning ordinance in effect at time of application for building permit. 2.10.Limitation On Signs: As require~.by.zoning ordinance in effect at time of appli~a~'{on for building permit. · 2.11.Merchandise Storage. and...Display: Unless specifically permitte~ for a given use, Outside storage or display of merchandise is prohibited. -7- 3.1. 3.2e SECTION III TRACTS mB" & mCm - DEVELOPMENT REGULATION PURPOSE: The purpose of this section is to set forth the regulation for the development of Tracts "B" & "Cm. PERMITTED USES & STRUCTURES~ No building or structure, or part thereof, shall be erected, altered, or used, or lan~ or water used, in whole or in part, for other than the following: A. Permitted Principal U~es and Structures (1) Multi-family dwellings (2) On-site sewer treatment plant/facilities (3) Water Management facilities & lake(s) . B. Permitted Accessory Uses and Structures (1) Customary accessory uses and structures. (2) Signs (3) Recreational Facilities C. Permitted Uses and Structures subject to Site Development Plan Approval. (1) Single Family dwelling(s}. (2) Multi-family dwellings of 4, 5 or 6 stories in height. 3.3. MAXIMUM DENSITY': 180 Dwelling Units (12 units per acre} 3.4. MINIMUM YARD REQUIREMENT: A. Setbacks from tract line - Thirty (30) feet plus one foot for each two (2) feet of building height over thirty (30) feet. B. Distance between Structures: The distance between any two (2) principal structures shall be fifteen (15) feet or a distance equal to · one-half (1/2) the sum of their heights, whichever is the greater. -8- 3.5. 3.7. 3.8. 3.9. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES= 750 Square feet per dwelling unit (minimum of '40% of the total number of units) 575 Square feet 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 unless otherwise approved under Item 3.2.C.2. of this document. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation re- quired by the Flood Elevation Ordinance. MINIMUM LANDSCAPED AREAS: There shall be provided two (2) square feet of land- scaped area for each square foot of off-street parking provided on the ground level. This includes any land- scaping required by other applicable section of zoning ordinance. MINIMUM OFF-STREET PARKING: As required by the zonin 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. -9- S CT ,ON.I DEVELOPMENT COMMITMENTS 4.1. 4.2. 4.3. 4.4. 4.5. ACCESS Primary access shall be from U.S. 41 across the G~neral Retail Commercial lying between U.S. 41 and the property covered by this Planned Unit Development Document. Secondary access only may be provided by way of Second Street in Trail Acres when approved by the Director. Right turn and left turn storage lanes shall be constructed by the developer at the intersection of the primary entrance road with U.S. 4I in accordance with the Florida Department of Transportat/on Standards at such time as requested by Collier County or the Florida Department of Transportation. WATER SUPPLY Potable water shall be supplied by the extension of the existing Collier County Water System, located along U.S. 41.and Second Street in Trail Acres. The design and construction of the potable water distribution system shall comply with all appli- cable 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, and the Water Management Advisory Board prior to Commencement of Development. SANITARY SEWAGE TREATMENT A Sanitary Sewage System shall be provided to comply with all applicable local and state requirements. TRAFFIC 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 Planner. -10- C .i' ~0 MYRTL COVE LES II SECTION TWO~' This Ordinance shall become effective upon receipt of notic~-that--it-has-been file~ with theSecretary of State. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: September 9, 1980 · ~...'. ..~'. ¢~ ,~ .' ATTEST ~ ?./:'. ~. STATE OF FLORIDA ) .COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 80-91 which was adopted by the Board of County Commissioners during Regular Session September 9, 1980. %~TNESS my hand and the ~fficial seal of the Board of County Commissioners of Cgllier County, Florida, 10th day of September, 1980. I~ILLIAM J. REAGAN Clerk of Courts and Clerk Ex officio to Board of County. Com=[8 sioners '... Thts.oPdtnance ftl~ ~ith ~he 17th day of Sept~ber, 1980. ,