Ordinance 2006-32
ORDINANCE NO. 06- 32
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 05-58,
RESULTING FROM THE INADVERTENT USE OF THE
PHRASE "GROSS LEASABLE AREA" INSTEAD OF
THE CORRECT REFERENCE OF "GROSS AREA" AS
PROVIDED IN SECTION 3.2 OF THE MERCATO
MPUD; AND BY PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Collier County Board of Commissioners adopted Ordinance Number 05-
58, on November 15,2005, and;
WHEREAS, following said action adopting Ordinance Number 05-58, it was determined
that the Mercato MPUD Document transmitted to the Department of State did nof~ontain' a
provision that was otherwise intended and made a part of the public hearing and therefore
constitutes a scrivener's error.
The Lutgert Companies, represented by D. Wayne Arnold, AICP, of Q. Grady Minor'&
Associates, P.A., and George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, is requesting a
scrivener's error amendment to Section 3.2 entitled Maximum Commercial Square
Footage/Acreage of Ordinance Number 05-58, the Mercato MPUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
SCRIVENER'S ERROR AMENDMENT TO SECTION 3.2, MAXIMUM
COMMERCIAL SQUARE FOOTAGE/ACREAGE OF THE MERCATO
MPUD, ORDINANCE NUMBER 05-58.
Section 3.2 entitled Maximum Commercial Square Footage/Acreage of Ordinance Number
05-58, the Mercato MPUD, is hereby amended to correct a scrivener's error by amending said
section to read as follows:
A maximum of 395,000 square feet of gross leasable floor area of retail
commercial, 100,000 square feet of gross leasable floor area of office space, and a
maximum of 80 hotel units is permitted within the Mercato MPUD. The maximum
permissible office area may be increased beyond 100,000 square feet with when a
corresponding square foot reduction occurs in the gross leasable floor area of retail
space. If hotel accommodations are constructed within the MPUD, the maximum
amount of retail gross leasable floor area shall be reduced by 25,000 square feet. A
maximum of 27.7 acres shall be used for commercial uses in the MPUD, inclusive
of retail, office, restaurant, and parking areas to serve the commercial uses.
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This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissi~ners,ofCollier County, Florida, this ~O 'f+,. day of ~ Lu7-€- ,2006.
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.... II to
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO~~A
BY: ~ ~/
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK,Clerk
. -
Approved as to form and
legal sufficiency:
lAY~"{.Jn~d -~~L/~
Marjo M. Student-Stirling ()
Assistant County Attorney
SE-2006-AR-9209/RB/sp
This ordinance filed with the,
. ~Hary oiJitate/s Office the
J~ day 0 Lu'\L I ae>t")L,
and ocknOWledgeme~~ thot
fili~iVed this dO)l
of Li ~~
By Dep
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-32
Which was adopted by the Board of County Commissioners
on the 20th day of June, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of June, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~~~/o.c.
By: Ann Jennej<?nu,
Deputy Qlerk