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Ordinance 2018-14 ORDINANCE NO. 18 - 14 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-20, AS AMENDED, THE CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT (PUD), TO ALLOW UP TO TWO SINGLE FAMILY DWELLING UNITS AS AN ALTERNATIVE TO COMMERCIAL AND MULTI- FAMILY DEVELOPMENT IN THE COMMERCIAL/MIXED USE AREA OF THE PUD; AND PROVIDING FOR AN EFFECTIVE DATE, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GOODLAND DRIVE (C.R. 892), APPROXIMATELY ONE HALF MILE SOUTH OF SAN MARCO ROAD (C.R. 92), IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PUDA-PL20160000087]. WHEREAS, on March 23, 2004, the Board of County Commissioners approved Ordinance No. 04-20, the Calusa Island Village PUD, in accordance with the Planned Unit Development document attached thereto (the "PUD Document"); and WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc., representing Scott and Sandra Allen, has petitioned the Board of County Commissioners to amend the Calusa Island Village PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO PUD DOCUMENT The PUD Document, attached as Exhibit"A"to Ordinance No. 04-20, is hereby amended as described in Exhibit"A," attached hereto and incorporated herein by reference. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this 1041 day of . I , 2018. 2/8/18 Words stfueli-tlifeugh are deleted, words underlined are added. Page 1 of 2 ATTEST: • Ua ,„ BOARD OF ! I Y COMM - ONERS DWIGHT E:`BkOC CLERK COLLIER P IU , FLO' =,. By. 1 i`w ��� By: - ---,- -~— eputy Clerk ANDY SOLIS, Chairman Attest as ta.C6air i s� ,gib signature Only:'' Approved as to form and legality: i - 1 Aaa.oo> t Scott 1, . Stone Assistant County Attorney Attachments: Exhibit A: Amended PUD sections This ordinance filed with the SvgIc,e�ta�rt' of Stake's Office th+ 1�`tiay of `A. , $-0-1 in, ,q acknowle:dgemeri]t iq�,that filin. recei ed this 15"'‘day of =r106„. o1Q1$ Deputy CANA 2/8/18 Words struck through are deleted, words underlined are added. Page 2 of 2 SECTION ONE: AMENDMENT TO SECTION I, LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT Section I, Legal Description, Property Ownership, and General Description, Section 1.5 Permitted Variations of Dwelling Units of the PUD Document attached to Ordinance No. 04-20, Calusa Island Village Planned Unit Development, is hereby amended to read as follows: 1.5 PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 50 dwelling units is permitted within residentially designated areas of the Calusa Island Village PUD and in the Commercial/Mixed Use Area. This maximum of 50 dwellings may include single-family, two-family, duplex, zero lot line and single family attached /town homes and are the only residential uses permitted in the 5.75 acre residential area. - . - , . ' . - . - -- . . . . • - - - , - SECTION TWO: AMENDMENT TO SECTION II, PROJECT DEVELOPMENT, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT Section II, Project Development, Section 2.2 General Description of Project Plan and Proposed Land Uses of the PUD Document attached to Ordinance No. 04-20, Calusa Island Village Planned Unit Development, is hereby amended to read as follows: 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Calusa Island Village PUD will be developed as a mixed-use residential and commercial community, which may feature residential dwelling types, limited commercial uses and accessory residential and commercial uses. However multi mea: Page 1 of 7 Words underlined are added;words struelE-thfeugh are deletions H:\2016\2016018\WPWUDA\Post CCPC\Calusa Island Village PUD(PDI-PL-20160000087)(2-16-2018).docx 0 SECTION THREE: AMENDMENT TO SECTION III, RESIDENTIAL, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT Section III, Residential, Section 3.2 Maximum Dwelling Units and Section 3.4 Permitted Uses and Structures of the PUD Document attached to Ordinance No. 04-20, Calusa Island Village Planned Unit Development, is hereby amended to read as follows: 3.2 MAXIMUM DWELLING UNITS A maximum of 50 residential dwelling units may be constructed on lands designated "Residential" or in areas designated Commercial/Mixed Use on the PUD Master Plan. The Commercial/Mixed Use Area is limited to four(4)multi-family dwelling units if developed as a mixed-use area as depicted on Exhibit B.Page 1 of 2,or two (2) single-family dwelling units if developed as depicted on Exhibit B, Page 2 of 2. (See also Exhibit "B"of this Oree.) * * * * * * * * * * * * * 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part,for other than the following: A. Principal Uses: 1. Single Family Attached and Detached Dwellings, Townhomes. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. .. ! _ . . Commercial/Mixed Use area and oOne and two unit dwellings are the only permitted dwelling units in the residential area and may develop in accordance with the multifamily standards contained in Table 1 in Section 3.5. * * * * * * * * * * * * * Page 2 of 7 Words underlined are added;words struck-threugh are deletions H:\2016\2016018\WP\PUDA\Post CCPC\Calusa Island Village PUD(PDI-PL-20160000087)(2-16-2018).docx SECTION FOUR: AMENDMENT TO SECTION IV, COMMERCIAL/MIXED USE AREA, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT Section IV, Commercial/Mixed Use Area, Section 4.2 General Description, Section 4.3 Permitted Uses and Structures and Section 4.4 Development Standards of the PUD Document attached to Ordinance No. 04-20, Calusa Island Village Planned Unit Development, is hereby amended to read as follows: 4.2 GENERAL DESCRIPTION The approximate total acreage of the Commercial/Mixed Use Area as indicated on the Master Plan is 0.45 acres,of which 0.12 acres is-may be for commercial use. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. If developed as a commercial mixed use, then The this Area is-shall be designed as a mixed-use area that as originally intended, to accommodate a variety of limited commercial and personal services, including a maximum of four(4)multi-family residential units. Alternatively, up to two (2) single-family units may be developed in the Commercial/Mixed Use Area instead of multi-family and commercial development. (See also Exhibit"B"depicting the conceptual plan for the Commercial/Mixed Use Area). A. In the event a SDP is issued for commercial or multi-family development, the single-family development shall not be permitted. B. In the event a building permit is issued for single-family development, the commercial and/or multi-family development alternative shall not be permitted. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part,for other than the following: A. Permitted Uses 1. Accounting,auditing,and bookkeeping services (8721). 2. Apparel and accessory stores(groups 5611-5699). 3. Business services(groups 7311, 7313, 7322-7338,7363-7379, 7384). 4. General merchandise stores(5311-5399). 5. Miscellaneous retail services (5941, 5947, 5961, 5992, 5994). Page 3 of 7 Words underlined are added;words struck-thr-etigh are deletions H:\2016\2016018\WP\PUDA\Post CCPC\Calusa Island Village PUD(PDI-PL-20160000087)(2-16-2018).docx C 6. Model homes, including offices for project administration, construction, sales and marketing. 7. Museums and art galleries (8412). 8. Personal services (group 7212). 9. Residential multi-family in accordance with the development standards of Section 3.5 of this Ordinance [four(4) dwelling units maximum]. 10. Single-family, limited to two (2) dwelling units as depicted on Exhibit B, Page 2 of 2 in accordance with the Development Standards in Section 3.5. 11.-38: Real Estate (groups 6531-6541). 12.4.1- Transportation Services (4724)travel agency office only. 13.4-27 Videotape rental (7841). 14.1-3- Any other commercial use, which is comparable in nature with the foregoing uses that is primarily a limited commercial and personal services as determined by the Zoning Board of Appeals. * * * * * * * * * * * * * 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet(25') 2. Side Yard: Ten feet(10') 3. Rear Yard: Ten feet(10'). 4. Setback from a canal for all principal and accessory uses may be zero feet (0')provided the Commercial/Mixed Use Area is developed as a unified site plan. B.-F- Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C.-G7 Maximum height of structures — Two (2) story or thirty-five feet (35') for commercial structures(measured from minimum flood elevation). D.-14 Minimum distance between principal structures-Ten feet(10')or greater if required by local fire codes in effect at time of development, however, the proposed commercial structure may be attached to residential structures. E.-17 Minimum distance between detached accessory structures-Ten feet(10'). Pd4of7 Words underlined are added;words 41a4k-threugh are deletions H:\2016\2016018\WP\PUDA\Post CCPC\Calusa Island Village PUD(PDI-PL-20160000087)(2-16-2018).docx F. 3. Mixed use structures—A conceptual plan for the Commercial/Mixed Use Area and structure is depicted as Exhibit "B" of this Ordinance. This area provides for four (4) multi-family dwelling units and 1300 square feet of net leasable commercial area. A caretaker's residence is allowed to be constructed on the second floor above the proposed commercial structure. The commercial structure shall be designed and utilized to be compatible with adjacent residential structures. G. Single-Family - Up to two (2) single family units may be developed in the Commercial/Mixed Use Area. Should single family be developed, no commercial development or multi-family development shall be permitted on the Commercial/Mixed Use Area. Only two of the three platted lots within the Commercial/Mixed Use Area depicted on Exhibit "B, Page 2 of 2," may be developed with up to one (1) single family dwelling unit on each lot, for a total of two (2) single family dwelling units, pursuant to the single family development standards in Section 3.5,Table 1 Development Standards for Residential Area of this PUD. Page 5 of 7 Words underlined are added;words strttek-thfough are deletions H:\2016\2016018\WP\PUDA\Post CCPC\Calusa Island Village PUD(PDI-PL-20160000087)(2-16-2018).docx SECTION FIVE: AMENDMENT TO SECTION V, GENERAL DEVELOPMENT COMMITMENTS, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT Section V, General Development Commitments, of the PUD Document attached to Ordinance No. 04-20, Calusa Island Village Planned Unit Development, is hereby amended to read as follows: * * * * * * * * * * * * * 5.8 MISCELLANEOUS A. All other applicable state or federal permits must be obtained before commencement of the development. B. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create rights on part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Page 6 of 7 Words underlined are added;words struele-through are deletions H:\2016\2016018\WP\PUDA\Post CCPC\Calusa Island Village PUD(PDI-PL-20160000087)(2-16-2018).docx SECTION SIX: AMENDMENT TO EXHIBIT "B", MIXED USE AREA, OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 04-20, CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT Exhibit "B," Mixed Use Area, of the PUD Document attached to Ordinance No. 04-20, Calusa Island Village Planned Unit Development, is hereby amended and replaced in its entirely by Exhibit"B"attached hereto and incorporated by reference herein. 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LEGAL DESCRIPTION ( z ) LOTS 33, 34&35 BLOCK E, I \ // GOODLAND ISLES FIRST SUNSET OR VE SCALE: 1' = 20' ADDITION,AS RECORDED IN PLAT BOOK 8, PAGES 1-2, OF THE OFFICIALI RECORDS OF COLLIER I COUNTY. I 2. MAXIMUM OF TWO (2) SINGLE-FAMILY DWELLING I UNITS. I 3. THIS PLAN SHALL BEr...6........'..""n"..""n".n LOT 33 TERMINATED AT THE TIME I THE FIRST SDP IS ISSUED I FOR COMMERCIAL/ M U LTI-FAMILY v--) ALTERNATIVE IN EXHIBIT B In I PAGE 1 OF 2I I S 05°22'03" _ ___916_21_\ - I ____ _ _ --1 LOT 34 d- v 3 C o Co CO 100.6 ' - -- - -- -- -- - - 11 s PROPERTY UNE CV CID LOT 35 ks O . d 1� F �1�Y _"n. ' O 100.69 �� .. 0 OF NV 1 "VIII' I / O m o O \ II. I O U 5I IP EXHIBIT "B" 8. I 1 \x N 1 , 1 I PAGE 2 OF 2 m % CHECKED BY: PROJECT No. 0 950 Encore Way M i x e d Use Area PNC 2018.018 of Na les, FL. 34110 Phone: 239 254-2000DRAWN BY: CAD FILE NAME: HOL MONTES Florida Certificate of Single MSK 202901 C : i OIGNIPSPUNERS•9uR 105 Authorization No.1772 Family Alternative DATE /2018 EXHIBIT-c ITEM 0 A , st44.9„, Av. : 411 co.we FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 13, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa Cannon Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-14, which was filed in this office on April 13, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us