Ordinance 78-42ORDINANCE 78 - 42
AN ORDINANCE AMENDING ORDINANCE 76-30, T~E
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF'THE COASTAL AREA PLANNING DISTRICT
OF COLLIER COUNTY, FLORIDA BY AMENDING THE
ZONING ATLAS MAP NUMBER 50-26-32 BY REZONING
THE FOLLOWING DESCRIBED PROPERTY FROM."~
AGRICULTURE TO "pUD# PLANNED UNIT DEVELOPMENT~
A PARCEL OF LAND BEING A PART OF THE N 1/2
OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, LOCATED BETWEEN
MYRTLE COVE AND TRAIL ACRES AT THE END OF THE
SECOND STREET, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, Tallie Ellis 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 hereinafter, described real
property is changed from "A" Agricultural to "PUD" Planned Unit
Development and the Zoning Atlas Map No. 50-26-32 as described
in Ordinance 76-30 is hereby amended accordingly;
Beginning at th~ North 1/4 of Section 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. 1 accordingly
to the plat thereof as recorded in Plat Book 3,
Page 38, Collier County Public Records, Collier
County, Florida, South 89°35'57" East 83.24 feet~'
'thence continue SOuth 39°04'00" ~ast 253.76 feet~
thence along the Northwest line of Trail Acres
according to the plat thereof as recorded in
Plat Book 3, Page 50, Collier County Public
Records, South 59"56'00" West 577.11 feet; thence
North 39"04'00" West 350 feet; thence North 0"17'08
East 800.44 feet to the Place of Beginning; being
a part of the North 1/2 of Section 32, Township 50
008 15,.'3
South' Range 26 East, Collier county,. Florida~
subject to easements and restrictions o£ record~
containing 9.66 acres more or less. This.
property is located between Myrtle Cove Acres
and Trail Acreas .at the end of the second street.
PLANNED UNIT DEVELOPt4ENT DOCU.'".:NT
FOR
A BUSINESS AND PROFESS. IONAL OFFICE COMPLE~C
BY
TALLIED. ELLIS
JUNE 23, 1~78
.~oo~ 008
INDEX
PAGE
STATEMENT OF COMPLIANCE .......... * .....
PROPERT~'OI*/RERSHIP & DESCRIPTION. . .........
'DEVELOPMENT REGULATIONS ...............
LOCATION HAP .....................
l[~O~l~§ gX~lllT, , , , , , , , , , , , , , , , ' '
008
STATEHENT OF COHPLIANCE
The development of 9.6$.acres of property In Section 32, Tovmshlp 50
South, Range 26 East., ~olller County, Florida,' as a Planned Unit
Development will comply with the planning an] development objectives
of Collier County. These objectives are set forth in the Comprehen-
sive Plan, va%Ich Includes the Growth Policy and Official Land Use
Guide, ali of which were adopted by the Board of County Commission-
ers on October 14, 1~74. The Tallle D. Ellis Planned Unlt Develop-
ment ~ll! meet the plannlng and development o~jectlves for the
folio~Ing reasons=
1) The proposed land use is compatlble with the surrounding
USES,
The project rates points In excess of the 26 points
necessary to determine It to have exlstlng communlty
facliltles and services for the resldentlal density and
permitted uses of the proposed plan and therefore Is'not
leapfrog growth.
The project shall comply with the applicable zoning and
subdlvlslon regulations and all other County and State
laws dealing with the development of the property.
4)
An arterial roadway, is In existence along the eastern
boundary of contiguous property owned by the project
owner.
5) The project will be served by C~unty approved potable
water, wastewater treatment and water management systems.
-I-
008 ,,0 J57
PROPERTY O~/HERSHIP & DESCRIPTION
LEGAL DESCRIPTION
BEGINNING at the North I/q Corner of Section 32, To~nshlp 50 South,
Range 26 East, Collier County,. Florlda; thence along the North line
of said Section 32 and along the South line of Block ~Att of Myrtle
Cove Acres Unit No. I according to the plat thereof as recorded in
Plat Book 3, page 38, Co111er County Public Records, Collier County,
Florlda, South 89'-35'-57" East 83.2~ feet; thence South 39'-0~t-00~
East 755.00 feet; thence continue South 39e-0~-00" East 253.76 feet;
thence along the Northwest 11ne of Trall Acres according to the plat
thereof as recorded In Plat Book 3, page 50, Co111er County Public
Records, South $9°-56~-00'~ ~est'577.11 feet; thence North 39°-0q~-00~t.
West 350.97 feet; thence North 0°-07~-08" East 800.q~ feet to the
Place of Beginning; being a par: of the North I/2 of Section 32,
Township 50 South, Range 26 East, Co111er'County, Florida; subject
to ea=ements and restrictions of record; containing 9.66 acres more
or less.
TITLE TO PROPERTY
The property Is ovmed by Tallle O. Ellis, 698 Regatta Court, Naples,
Florida.
PHYSICAL DESCRIPTION
Elevatlons within the property are in the range of 5 to 6 feet above
mean sea level.
The sol1 type Is predominantly Immokalee fine sand with some Pompano
fine sand.
The entire parcel, except for a small band of Pine and Palmetto
along the South boundary, has been farmed and is void of natural
vegetation. '
-2-
008 r 0EL58
!
I
DEVELOPHENT REGULATIONS
]. Purpose. The purpose Of .this Section Is to set forth the
regulations for the deveiQpment of the lands cove(ed by this Planned
Unit Development
2. Permitted Uses and Structures Subject to Site Development Plan
Approved by the Director. No bUilding Or structure, or part
thereof shall be erected, altered or used, or land or water used,
in ~hole or in part, for other than the following:
B®
· Permitted Uses and Structures.
'(Il Professional offices.
(2) Banks, flnanclal institutions.
(3) Churches and other places of worship.
(q) Hospitals.
(5) Hedical laboratories, medical cllnlcs, and medical
offices, for humans.
(6) Research design' and development activitles and
laboratories, provided that:
(al No odor, noise, etc., detectable to normal
senses from off the premises are generated.
(b)All ~ork is done within enclosed structure.
(c) No product is manufactured or sold, except
incidenta) to development activities.
(7) Rest homes, convalescent centers, and nursing hcxnes.
(8) Any other professlonal or medically-related use which
is comparable in nature with the foregoing uses and
which the Director determines to be compatible.
~.rmitted Accessory Uses and Structures:
Accessory uses and structures customarily associated
with uses permitted In this section.
3. Minimum Lot Area:
Minimum Lot Width:
yard setback line.
·
40,000 Square Feet.
'T~o hundred (200) feet measured at the front
-3-
5. Hlnlmum Setback Requirements: Setbacks from tract, parcel,
and buffer lines and between any t~o buildings shall be fifty (50)
feet plus one (1) foot for each t~o (2) feet of.bullding height
above fifty '($0) feet..
6. Hlnlmum Floor Area of Principal Structure: One thousand (1,0OO)'
square feet per building on ground floor.
7. Maximum Height of Structures: None.
8. Minimum Off-Street Parking and Off-Street Loading Requirements:
As requ'lred In Section I§ of the Zoning Ordinance of the Coastal Area
Planning District of Collier County.
· 9. ' Minimum Landscapln9 Requirements: 'As required in Section 19
of the Zoning Ordinance of the Coastal Area Plannlng District of Coi|ier
CoUnty.
10. ~Imltatl~ns on Signs: As permitted in Section 20 of the Zoning
Ordinance of the COaStal Area Planning District of Collier County.
!.~. Landscaped Buffer Area. A landscaped buffer shall be provided along
the common lines between the property covered by this Planned Unit Develop-
ment and Trail Acres Subdivisio~ (Plat Book 2, Page 50), and Myrtle Cove
Acres Subdivision (Plat Book 3, Page 38). Parking areas.and driveways
shall.0Rt be permitted w[th[n these required buffer areas.
A. Requirements. t~ere this ordinance requires a landscaped
buffer area, the following requirements shall be met unless
otherwise specifically required elsewhere:
(1) The landscaped buffer area shal! be not less than
fifty (50) feet In width measured at right angles to
property lines and s;~all be establishe~ along the entlre
length of and contlguous to the designated property line
or lines.
(2) The area she1! be so designed, planted, and maln-
tained as to be eighty (80~) percent or more opaque
'between three (3) and eight (8) feet above average ground
level ~hen viewed horizontally. Plantings shall be of
a slze and type'~hlch ~111 Insure the meeting of the
eighty (804) percent opacity requirement within no longer
than twelve (12) months of the, date of first planting.
(3) Types and numbers of plantings for landscaped
buffers shall be submitted ~lth application for building
permit along with plans and statements demonstrating how
the buffer ~111 be Irrigated and maintained In the future.
14here these regulations require a landscaped buffer area
or areas, no bullding permit shall be Issued ~ithout such
data.
12.
13.
15. '
(~) Fallure to malntaln the landscaped buffer area
as set out above shall be a vlolation of this zolnlng
ordinance.
B. Waiver by Director. When the Director finds that the
public safety requires, he may' waive.or modify the buffer
requirements set out above at street and alley frontages
adjacent to any entrance~ the finding of the Director shall
be In writing and shall be filed with the. approved building
permit. The finding shall demonstrate that the buffer ts
not required for a certain number of feet back from the
street or alley entrance, In order to afford protection
· to pedestrian or vehicular traffic entering or leaving the
lot on whlch the landscaped buffer.area Is required by this
zoning ordinance.
Access. Primary access shall be from U.S. 41 across the Gen-
era--~'i-~etali Commercial lylng 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 Trall
Acres when approved by the Director. Right turn and left
turn storage lanes shall be constructed by the developer at
the Intersection'of the ~rimary entrance road with U.S. hl
in accordance with the Florida Department of Transportation
Standards at such time as requested by Collier County or the '
Florida Department of Transportation.
Water Suppl~. Potable water shall be supplled by the exten-
sion 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 applicable local and state regulations.
Water Hana~ement. The Water Hanagement. Syste~ ~hall comply
~ith the requirements of the South Florida ~ater Hanagement
District and Collier Couhty. The flnal water management
system design shall be reviewed and approved by the County
Engineer,and t~e.Natgr.'.Hanagem~nt Advisory Board prior to .
con~nencem~nt or aeve~opment.
Sanitary Sewage Treatment. A Sanitary Sewage System shall be
provided to cdmply with all appllcable loc~1 and state require-
ments.
-5-
008 eA E:lSI
II
,?
II
LIly
MYRTL
I
PIA¥¥O~i(
COVE
tO
,~ANOR
B I I0
t
I
I
18
II
'P~OPF. t2TV'
I
'14
I0
14
I0
J$
14¸
SECTION TWO~
This Ordinance shall become effective upon receipt of
notice that. it has been filed with the Secketary of State.
DATE: August 22, 1978
BOARD OF CO.UNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
0 N A. PISTOR, CHAIRMAN
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts ~n and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that
the foregoing is a true original of Ordinance 78-42 which was adopted
by the Board of County Commissioners during Regular Session August 22,
1978.
WITNESS my hand and the official seal of the Boar4 of County
Commissioners of Collier Coqnty, Florida, this 22nd day of August, 1978.
WILLIAM J. REAGAN
o Clerk of Courts and Clerk
Ex-officio to Board of
Count:.>,~Comm:l. ss:l. oners : .,' [~.
B~
.'. ,>
>..,,, .
This ordinance filed with the Secretary of State's of~ic~ the. '"
30th day of August, 1978 and.acknowledgment of that fi~in~'
received this 5th day of September, 1978 / . ,,,,
Depu~YClerk
008