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Ordinance 2020-007 ORDINANCE NO. 20 - 0 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 91-53, AS AMENDED, THE AUDUBON COUNTRY CLUB PLANNED UNIT DEVELOPMENT BY ALLOWING AN ADDITIONAL 4,400 SQUARE FEET OF COMMERCIAL DEVELOPMENT FOR THE EXPANSION OF THE FURNITURE STORE UP TO 65,000 SQUARE FEET LOCATED IN TRACT Y OF THE AUDUBON COMMERCIAL CENTER SUBDIVISION; BY AMENDING SECTIONS 2.06 AND 6.13 TO REFLECT THE CHANGE IN SQUARE FEET, AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PUD, CONSISTING OF 754.75± ACRES, IS LOCATED ON THE WEST SIDE OF US 41 EXTENDING WESTWARD ACROSS VANDERBILT BEACH DRIVE TO LITTLE HICKORY BAY, IN SECTIONS 5, 7, 8 AND 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PL20190000502] WHEREAS, on June 25, 1991, the Board of County Commissioners approved Ordinance No. 91-53, which established the Audubon Country Club Planned Unit Development (PUD); and WHEREAS, the Board of County Commissioners which amended the Audubon Country Club PUD by ordinance Nos. 96-53 and 96-69; and WHEREAS, Kenrick S. Gallander, AICP of RWA, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing Baer's Furniture Company, Inc., petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 91-53, the Audubon Country Club PUD, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section 2.06, Development of Parcels, of the Planned Unit Development Document, attached to Ordinance No. 91-53, as amended, Audubon Country Club PUD. Section 2.06, Development of Parcels of the PUD Document, attached to Ordinance No. 91-53, as amended, is hereby amended to read as follows: [19-CPS-01906/1511211/1]82 Baer's/Audubon/PL20190000502 Words underlined are additions;words struck through are deleted. Page 1 of 3 12/2/19 2.06 DEVELOPMENT OF PARCELS * * * * * LAND USE SCHEDULE MAXIMUM NO. OF APPROXIMATE DWELLING UNITS/ LAND USE TYPE ACREAGE COMMERCIAL SQUARE FEET RESIDENTIAL R-1 (Single-Family) 108.7 408* R-2 (Villas) 43.6 R-3 (Multi-Family) 27.9 300 COMMERCIAL CR Retail 12.4 124,000 or 128,400 sq. ft. of floor area** All acreages are approximate and may vary significantly to accommodate site conditions, environmental permits, topography and existing native vegetation. *There will be a total of 408 dwelling units allowed between the R-1 and R-2 use types or districts. There is no specific number of units allocated to either such use. **PUD Tract CR, Commercial Retail Center, as identified on Exhibit A, Master Development Plan, is platted as Tracts X, Y and Z, Audubon Commercial Center. The commercial sq. ft. of floor area may be increased by 4,400 sq. ft. to 128,400 sq. ft. only if the platted Tract Y is developed as a furniture store, in which case platted Tract Y will be allowed up to 65,000 sq. ft. The additional 4,400 square feet will be constructed within the existing footprint of the building and there will be no expansion of the building beyond the exterior walls of the ground floor. Tract Y is limited to 60,000 sq. ft. if it is not developed with a furniture store. Platted Tracts X and Z are not permitted to use the added 4,400 sq. ft. In the event that the furniture store is proposed to be converted to another use, any square footage over 60,000 sq. ft. shall be subject to County review to determine consistency with Policy 5.3 of the Future Land Use Element. [19-CPS-01906/1511211/1]82 Baer's/Audubon/PL20190000502 Words underlined are additions; words stYu^L =are deleted. Page 2 of 3 12/2/19 SECTION TWO: Amendment to Section 6.13, Square Footage, of the Planned Unit Development Document, attached to Ordinance No. 91-53, as amended, Audubon Country Club PUD. Section 6.13, Square Footage of the PUD Document, attached to Ordinance No. 91-53, as amended, is hereby amended to read as follows: 6.13 SQUARE FOOTAGE Commercial development shall not exceed one hundred twenty four thousand(124,000) square feet of floor area. See SECTION 2.06 DEVELOPMENT OF PARCELS LAND USE SCHEDULE for Commercial Development square footage requirements. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED bystver-majority"xote of the Board of County Commissioners of Collier County, Florida, this�) day of J a N,,uL,,- , 2020. rig AT ,T T; ' C BOARD OF COUNTY COMMISSIONERS CRY:STA1 k.'K EL', CLERK COLLIER COUNTY, FLORIDA ,. At•ii%.0,44ge0A114' By: t. Deputy Clerk Burt L. Saunders, Chairman Attest as to Chairman's si-nature only: Approved as to form and legality: ir ----JtA CM J/ C(___----- Heidi Ashton-Cicko Managing Assistant County Attorney This ordinance fled with the SecrrAtary of Stote's Office the ._ dayofNEa'� q) and acknowledgement that filin. received this 21VI day of °y', - _ a owculy ti.,« [19-CPS-01906/1511211/1]82 Baer's/Audubon/PL20190000502 Words underlined are additions;words struck through are deleted. Page 3 of 3 12/2/19 Ttii` %I I :._ FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State January 31, 2020 Ms. Teresa Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 20-07, which was filed in this office on January 31, 2020. 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