Ordinance 2023-26 ORDINANCE NO. 2023 - 2 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2001-10, AS AMENDED, THE COLLIER BOULEVARD MIXED USE
COMMERCE CENTER PLANNED UNIT DEVELOPMENT (MPUD)
BY INCREASING THE MAXIMUM BUILDING HEIGHT ON 4.49±
ACRES DESCRIBED AS LOT 2 IN THE RESIDENTIAL TRACT
FROM 35 FEET TO 50 FEET AND PROVIDING AN EFFECTIVE
DATE. THE SUBJECT PROPERTY, CONSISTING OF 4.49± ACRES
OUT OF 70+/- ACRES, IS ON THE SOUTH SIDE OF MAGNOLIA
POND DRIVE NEAR THE SOUTHWEST CORNER OF THE
INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND
MAGNOLIA POND DRIVE, LOCATED WITHIN INTERCHANGE
ACTIVITY CENTER #9, IN SECTION 34, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220006374]
WHEREAS, on March 13, 2001, the Board of County Commissioners approved
Ordinance No. 2001-10, which established the Collier Boulevard Mixed Use Commerce Center
(MPUD); and
WHEREAS, on August 9, 2019, the Hearing Examiner by HEX No. 2019-36 approved a
request to amend the Master Plan by reconfiguring the preserve and the site design for the
residential tracts for property located in the northwest quadrant of I-75 and Collier Boulevard;
and
WHEREAS, Margaret Emblidge, AICP, of Agnoli, Barber& Brundage, Inc. representing
Magnolia Naples Apartments, LLC, petitioned the Board of County Commissioners of Collier
County, Florida, to amend Ordinance 2001-10, the Collier Boulevard Mixed Use Commerce
Center MPUD, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
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SECTION ONE: Amendment to Section 2.1, Property Ownership, of MPUD Document of
Ordinance Number 2001-10, Collier Boulevard Mixed Use Commerce
Center MPUD, as amended.
Section 2.1, Property Ownership, of the MPUD Document previously attached as Exhibit
A to Ordinance Number 2001-10, the Collier Boulevard Mixed Use Commerce Center MPUD, is
hereby amended as follows:
2.1 Property Ownership
The Auto Vehicle Parts Company currently owns the subject property. Magnolia
Naples Apartments LLC and Richman Naples Development Partners, LLC own the Residential
Tracts.
SECTION TWO: Amendment to Section 4.13, Architectural and Site Design Standards, of
MPUD Document of Ordinance Number 2001-10, Collier Boulevard
Mixed Use Commerce Center MPUD, as amended.
Section 4.13, Architectural and Site Design Standards, of the MPUD Document
previously attached as Exhibit A to Ordinance Number 2001-10, the Collier Boulevard Mixed
Use Commerce Center MPUD, is hereby amended as follows:
4.13 Architectural and Site Design Standards
Development of commercial uses shall meet the requirements of Division 2.g Section
5.05.08 Architectural and Site Design Standards of the LDC, including the requirements of the
adopted Activity Center#9 Interchange Master Plan.
SECTION THREE: Amendment to Section IV, General Development Regulations, of
MPUD Document of Ordinance Number 2001-10, Collier Boulevard
Mixed Use Commerce Center MPUD, as amended.
Section IV, General Development Regulations of the MPUD previously attached as
Exhibit A to Ordinance Number 2001-10, the Collier Boulevard Mixed Use Commerce Center
MPUD, is hereby amended as follows:
**************
4.17 Miscellaneous
"Pursuant to Section 125.022(5) F.S., issuance of a development permit by a
county does not in any way create any rights on the 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. All
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other applicable state or federal permits must be obtained before
commencement of the development."
SECTION FOUR: Amendment to Section 6.5, Development Standards, of MPUD
Document of Ordinance Number 2001-10, Collier Boulevard Mixed
Use Commerce Center MPUD, as amended.
Section 6.5, Development Standards, of the MPUD Document previously attached as
Exhibit A to Ordinance Number 2001-10, the Collier Boulevard Mixed Use Commerce Center
MPUD, is hereby amended as follows:
6.5 Development Standards
Table 1
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMITTED USE SINGLE ZERO LOT TWO FAMILY SINGLE FAMILY MULTI-FAMILY
AND STANDARDS FAMILY LINE & DUPLEX ATTACHED AND DWELLING
DETACHED TOWNHOUSE
Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 S.F. (1) 3,000 S.F. per 1 AC
DU
Minimum Lot Width 60 35 35 30 150
(2)
Front Yard 25 (5)(8) 15 15 20 25
Side Yard (3) 7.5 (8) 0 or 12 (4) 0 or 6 0 or 12 0 or .6 BH
Rear Yard Principal 20 (8) 10 15 20 25
Rear Yard Accessory 10 5 5 10 10
Maximum Building 35 35 35 35 35/50 (9)
Height
Distance Between N/A N/A N/A 10 k
Structures 1/2 SBH, but no
less than 15
Floor Area Min (SF) 1,200 1,200 1,200 1,000 600
Preserve setback 25/10 (10)
All distances are in feet unless otherwise noted.
BH = Building Height SBH = Sum of Building Heights
1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred
(3,500) square feet for a total minimum lot area of seven thousand (7,000) square
feet.
2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or
lots located on curvilinear streets provided the minimum lot area is still
maintained.
3. Accessory uses such as pool enclosures may be attached to principal uses and
may be set back five (5) feet from side or rear property lines.
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4. Where the zero (0) foot yard option is utilized, the opposite side of the structure
shall have a twelve (12) foot side yard.
5. Single-family dwellings which provide for two (2) parking spaces within an
enclosed garage and provide for guest parking other than private driveways may
reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet
for the remaining structures. Side entry garage setbacks may be reduced to
twelve (12) feet.
6. Building height shall be the vertical distance from the first finished floor to the
highest point of the roof surface of a flat or Bermuda roof, to the deck line or a
mansard roof and to the mean height level between eaves and ridge of gable, hip
and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet
above grade.
7. Adult Living Facilities shall be developed in conformance with the requirements
of Section 2.6.26 of the Collier County Land Development Code. Development
standards for Adult Living Facilities shall be the same as provided for multi-
family dwelling units in Table 1. The maximum number of Adult Living
Facilities shall be two hundred fifty (250) units. For each acre of ALF use
developed on the subject property, ten (10) multi-family dwelling units per acre
will be subtracted from the maximum number of dwelling units permitted.
8. See also Section 8.2.12 Transportation Requirements of this Ordinance
pertaining to I-75 setback requirements.
9. 50' zoned height and 58' actual height applies to the 4.49± acre parcel described
in Exhibit C, Legal Description for Lot 2.
10. 25' for principal structures and 15' for accessory structures applies to the 4.49±
acre parcel described in Exhibit C, Legal Description for Lot 2.
SECTION FIVE: Amendment to add Exhibit C, Legal Description and Sketch of Lot 2 to
the MPUD Document of Ordinance No. 2001-10, Collier Boulevard
Mixed Use Commerce Center MPUD, as amended.
Exhibit C attached hereto is hereby added to the MPUD Document previously attached as
Exhibit A to Ordinance No. 2001-10, the Collier Boulevard Mixed Use Commerce Center
MPUD.
SECTION SIX: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
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1 7 D
PASSED AND DULY ADOPTED by supe -majority )jq�e of the Board of County
Commissioners of Collier County, Florida, this a 3` ay of la , 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
n ------ :7.
By: - , , , By: (--•- �.
Attest. 't4: af''', S' Clerk Rick LoCastro, Chairman
SI nature onty. ',... .,
Approved- to form lnd lwgality:
fit, /' . ( This ordinance ri;ed with the
4 {- ,`., HFAC S cretary of S',:Ws Orfi Fa to
He di Ashtpn-Cic th ' ' 4-17-23 doy of _�,
Managing l,6si�sf ' � lty Attorney
and acknow'!edge., n of that
fiiin received this WID. day
of By k-.
Noy e
Attachments: Exhibit C—Legal Description and Sketch of Lot 2
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EXHIBIT C
LEGAL DESCRIPTION OF LOT 2
The land referred to herein below is situated in the County of Collier, State of Florida, and described as
follows:
A parcel of land located in the Northeast quarter of Section 34, Township 49 South, Range 26 East,
Collier County, Florida, being more particularly described as follows:
Commence at the Southeast corner of the Northeast Quarter of Section 34, Township 49 South, Range
26 East, Collier County, Florida; thence run S 88° 48' 27" W, along the South line of Northwest Quarter of
said Section 34, for a distance of 100.01 feet to a point 100.00 feet Westerly of, as measured at right
angles to the East line of the Northeast Quarter of said Section 34; thence run N 00° 29' 22" W parallel
with the East line of the Northeast Quarter of said Section 34, for a distance of 1353.72 feet to a point
on the Southerly right-of-way line of Access Road No. 2, also known as Magnolia Pond Drive, a 60' public
right-of-way, as the same is described in O.R. Book 1018, at Pages 383 through 386, of the Public
Records of Collier County, Florida; thence run S 87° 42' 45" W, along the Southerly right-of-way line of
said Access Road No. 2, also known as Magnolia Pond Drive, a 60' public right-of-way, for a distance of
1779.28 feet to the Point of Beginning of the parcel of land herein described:
Thence leaving said right of way along the boundary of Lot 2, through the following 14 courses:
1) THENCE LEAVING SAID RIGHT OF WAY S 01°40'35" E A DISTANCE OF 45.50 FEET;
2) THENCE N 89°11'13" E A DISTANCE OF 9.00 FEET;
3) THENCE S 00°21'55" E A DISTANCE OF 93.00 FEET;
4) THENCE S 89°53'30" W A DISTANCE OF 54.45 FEET;
5) THENCE S 00°48'47" E A DISTANCE OF 61.00 FEET;
6) THENCE N 88°58'27" E A DISTANCE OF 88.77 FEET;
7) THENCE S 31°34'47" E A DISTANCE OF 7.02 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 49°50'18" E AND HAVING A RADIUS OF
261.45 FEET;
8) THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°27'24" AN ARC
DISTANCE OF 294.13 FEET;
9) THENCE S 15°28'57" E A DISTANCE OF 1.39 FEET;
10) THENCE S 02°09'41" W A DISTANCE OF 57.81 FEET;
11) THENCE N 88°52'55" W A DISTANCE OF 98.86 FEET;
12) THENCE S 89°34'02" W A DISTANCE OF 277.04 FEET;
13) THENCE N 00°18'37" W A DISTANCE OF 524.57 FEET TO AN INTERSECTION WITH THE AFORESAID
SOUTHERLY RIGHT OF WAY LINE;
14) THENCE N 87°42'45" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 369.53 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED.
CONTANINING 4.49 ACRES OF LAND MORE OR LESS.
REF ABB DWG#12794-PH2-SD
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
May 30, 2023
Jennifer Hansen, BMR& VAB
Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Jennifer Hansen,
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-26, which was filed in this office on May 26, 2023.
If you have any questions or need further assistance, please contact me at(850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270