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Ordinance 98-072 1998 '1 ORDINANCE NO. 98- 72 (Jerk ' , ~' AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE ..~..~. ~y COLLIER COUNTY ~ND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGU~TIONS ~R '~---~?~7~-~' THE UNINCORPOPATED AREA OF COLLIER COUNTY, FLORIDA BY ~ENDING THE OFFICIAL ZONING AT~S ~P NUMBER 482728; BY CHANGING THE ZONING C~SSIFICATION OF ~ THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ~ ~"-= ESTATES TO "PUD" P~NNED UNIT DEVELOPMENT ~O~ AS MIR-~R FOR COMMERCIAL USES PEtITTED IN THE -= .- ~NDALL BOULEVARD CO~ERCIAL DISTRICT, AS SET '- -: FORTH IN THE GOLDEN GATE AREA ~STER P~N, L~TED ~ .'-. IN THE SOUTH~ST QUAD~NT OF THE INTERSECTION OF ~NDALL BOULEVARD AND THE NAPLES-I~O~LEE ROAD ~ (C.R. 846), IN SECTION 27, TO~SHIP 48 SOUTH, c~ ~_~ ~NGE 27 EAST, COLLIER COUNTY, 5ORIDA, ~ ?{ CONSISTING OF 2.38 ! ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of Mcanly Engineering and Design, Inc., representing Gerald L. and Marion M. Bray and George A. Cannan, 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 o~ Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 27 East, Collier County, Florida, is changed from "E" Estates to "PUD" Planned Unit Development in accordance with the Mir-Mar PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning A=las Map Number 482728, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective when the small scale comprehensive plan amendment upon which it is based becomes legally effective pursuant to Subsection 163.3187(3)(c), Florida Statutes. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2F~ day of~ , 1998. BOARD OF COUNTY COMMISSIONERS · ,.=4 ~., COLLIER COUNTY, FLORIDA ,ATTEST: ~.~ BAR~A Sl ~.~ Cha~ ~p~G~T E. BR~Ki tlerk Approved a~ Fore ~Js ordinance ~a with the and Legal Sufficiency 5ecreta~ and ackncw~ed~emcnt of that Aesjs~an~ County A~ocney ~,~ c~ ~98-4 ~ZN~CE/ -2- MIR-MAR A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN FOR MIR-MAIL A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: GERALD L. & MARlAN BRAY 532 IBIS WAY NAPLES, FLORIDA 341 I0 AND GEORGE A. CANNAN 696 IOTH. AVENUE N.E. NAPLES, FLORIDA 34120 PREPARED BY: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TRAIL, STE. 202 NAPLES, FLORIDA 34113 DATE REVIEWED BY CCPC 8/6/98 DATE APPROVED BY BCC 918/98 ORDINANCE NUMBER 98-72 AMENDMENTS AND REPEAL RECEIVED SEP 09 1998 PLANNING 8eRViCEP Exhibit "A" PUD98-04 TABLE OF CONTENTS List of Exhibits and Tables i Statement of Compliance Section I Legal Description, Property Ownership and General Description 1 Section Ii Project Development 3 Section III Cornrnercial Development 5 Section IV Development Commitments 7 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN STATEMENT OF COMPLIANCE The development of approximately 2.38 acres of property in Collier County as a Planned Unit Development to be known as Mir-Mar will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The proposed limited commercial facilities of M~r-Mar PUD will be consistent with the growth policies, hnd development regulations, and applicable comprehensive pinning objectives of each of the elements of the Growth Management Pin for the following reasons: !. The subject property for development is within the Golden Gate Estates Designation as identified on the Golden Gate Area Future Land Use Map, but is proposed to be an expansion area to the Randall Boulevard Commercial District through a Small Scale Pin Amendment pursuant to Subsection 163.3187 (I)(c), Florida Statutes. 2. The uses contemplated are consistent with Randall Boulevard Commercial District as set forth in the existing Golden Gate Area Master Plan. 3. The proposed PUD and expansion of. tbe Randall Boulevard Commercial District will serve to implement Objective i.4. of the Golden Gate Area Master Pin by pmvidin8 limited corruncrcial uses to enhance the quality of llfe oftbe residents of Golden Gate Estates. 4. The development standards, hndscapin8 and architectural design of the project w~l ensure compatibility and complement existing surrounding land uses. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name the Mir-Mar PUD. 1.2 LEGAL DESCRIPTION The subject 2.38:1: acre property is desert'bed as: The East ~ of Tract 54, Golden Gate Estates, Unit No. 23, according to the Pht thereof, of record in Plat Book 7, Pages 9 and 10, of the Public Records of Collier County, Florida. 1,3 PROPERTY OWNERSHIP The subject property is owned by Gerald L. Bray and Marjan M. Bray, husband and wife, as an Estate by the entireties, and George A. Cannan, a married nm~ as tenants in common. 1.4 PHYSICAL DESCRIPTION The subject property is located in the southwest quadrant of the intersection of Randall Boulevard and the Naples - lrrm~kalee Road (C.R. 846), in Section 27, Township 48 South, Range 27 East. The subject property is presently undeveloped, but has been previously disturbed through the construction of the above-referenced intersection, Funher, the pwperty has been traversed, through the graciousness of the pwpcrty owners, by the Big Corkscrew Island Fire Department's emergency vehicles to utilize an existing six inch potable water well for ~llh8 their truck water tanks. The property contains an admixture of both native and pioneerin8 exotic vegetation and is stressed by surrounding development and altered hydrology. The pwperty is generally without topographic relief, with elevations ranging fi'om 14.0 to 14.8' above mean sea level. The proposed water management regime for the project will direct runoff to the stormwater detention areas for water quality treatment, with outfall into the Randall Boulevardammokalee Road Rights- Of-Way and to the Corkscrew Canal west of the project she. 1.5 PROJECT DESCRIPTION The Mir-Mar PUD shall he an extension of the existing Randall Boulevard Commercial District, with commercial development opportunity limited by the provisions of that District. In an effort to improve ingress and egress both to the PUD property and the Big Corkscrew Island Fire Station immediately to the west, access shall be shared with the fire station, thus providing greater turning movement onto C.1L-846, which shall be the PUD's otdy primary access. Should an agrecrnent be reached betwcen the owners of the Iv[h-Mar PUD, and the owner of lands to the east, vehicular interconnection of the pwpenks is hereby reserved. Given the nanow rectangutaz shape of the property and constraininS parklnS standards, the property cannot be developed with more than a 20,000 square foot shopping center. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Mir-Mar Planned Unit Development Ordinance". 2 SECTION I! PROJECT DEVELOPMENT REQUIREMENT8 2.1 PURPOSE The purpos.'. of this Section is to delineate nnd generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the Mir-Mar PUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of Mh'-Mar PUD shall be in accordance with the contents of this document, PUD-Piaaned Ur~t Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most shT~ilar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitiOns set forth in the Collier County Land Development Code in effect st the time of building permit application. C. All conditions imposed and nil graphic material presented depicting restrictions for the development of Mh'oMar PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development ofthe land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concttrrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or nexl to occur of either Final Site Development Plan, Firmi Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN A. The project Master Plan, including layout ofproposed land uses, and v~hicular use areas is iljustrated graphically by Exhibit "A", PUD Master Plan. B. In sdditlon to the various areas and sp~:i~: items shown on Exhibit "A", easements as necessary (utility, private, semi-private) shall be established within the PUD bounda~es as may be necessary. C. The subject property, being of limited siz~ and width, can only support a maximtun of 20,000 square feet of commercial shopping center uses, however, the d~teioper reserves the right to pursue development authority for a singular permitted use, or multiple permitted uses on more than one parcel. 2.4 PROJECT PLAN APPROVAL REQUIREMENTS Given that Mir-Mar PUD is proposed to be developer with commercial land ~ in no more than three phases by the existing properly owner, subdivision is not anticipated, nor required based on the present development intent. Should tlz development intent change such that subdivision procedures are required pursuant to the Collier County Land Development Code (LDC), the provisions of Division 3.2. of the LDC shall apply. A. Prior to Final Local Development Order issuance for all or pan of the PUT), final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan and the Collier County Land Development Code. B. Exhibit "A", PUD MEter Plan, constitutes the r~quired PUD Development Plan. Any division of properly and the development of the land shall he in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florlda. C. The provisions of Divlsion 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of aH platted tracts, or parcels of land as provided in said Division prior to the issuance of a building Ix-xmit or other development order. D. Appropriate instruments will be provided at the time of infrastructural irnprovenzms regarding any dcdications and method for providing perpetual mainttmanc~ of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may he made to thil PUD OrdiruurJ or PUD Master Development Plan, Exl~'bit "A", as provided for in Section 2.7.3.5. of lhe Collier County Land Development Code. Minor changes and refirtments as descn'bed in S~ction 4.3.C. of this PUD document may he made in connection with any ~ of development or permit application required by the Collier County Land Development Code. 2.6 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, access, utilities and other purposes as required. All necessary easements, dedications, or other instam,his shall be granted to insure the continued operation and maintenance of all servic= utilities in compliance with applicable regulariota in effect at the time of adoption of this ordinanc~ establishing Mir-Mar PUD. 2.7 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of th~ Land Development Code, upon adoption ofth~ PUD Ordinance and attendant PUD Master Plan, the provisions ofthe PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the PUD District on the Offg:ial Zoning Atlas will be governed by the adopted development reguhtions and PUD Master Plan. SECTION III COMMERCIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to texturally articulate the development plan for the project site as depicted on Exlu'bit "A", PUD Master Plan. 3.2 MAX[MUM COMMERCIAL/OFFICE SQUARE FEET A total of approximatc|y 20,000 squar~ feet of commcrcial land use area is proposed for the PUD project lands. The developer reserves the right to construct the commercial !and uses in one, two, or three phases as may he dictated by market demand. 3,3 USES PERMITTED In no instance shall the land uses permitted herein he diminished, or prolu*bltcd except through an mndment to this PUD Docurnent. No building or structure, or part thereof, shall he erected, sitered or usat, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Automobile Service Station 2) Barber and Beauty Shops 3) Child Care Centers 4) Convenience Stores 5) Drug Stores 6) Food Markets 7) Hardware Stores 8) Laundries - Scl/'Scrvice Only 9) Post Offices, and Profcsslonal Offices (including branch banks) 10) Repair Shops - Radio, TV, Small Appliances and Shoes 11 ) Restaurants, including fast food restaurants, but not drive-in restau~,~ts 12) Shopping C_.cntcr 13) Veterinary Clinics with no outside kcnncling B. Accessory Uses Accessory uses and structures custornarily associated with the permitted principal uses and structures, including, but not Ibm'tired to: I) Parking facilities and Sigrmge. 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Commercial condominium association boundaries shall not be utilized for determining development standards. B. MINIMUM LOT AREA: 10,000 square feet. C. AVERAGE LOT WIDTH: 100 feet. D. MINIMUM YARDS: I) Front Yard: 75 feet. No parking shall be permitted, nor any merehandlse stored or displayed in the from yard setback area. 2) Side Yard: 30 feet. 3) Rear'Yard: 75 feet. E.MINIMUM DISTANCE BETWEEN.STRUCTURES: 10 feet. F.MAXIMUM HEIGHT: 25 feet. G. MINIMUM FLOOR AREA: I000 square feet Ip'oss floor area per principal structure, on the ground floor. H. OFF-STREET PARKING AND LOADINO REQUIREMENTS: As required by Division 2.3 ofthe Collie County Land Development Code in effect at the time of Site Developmere Plan approval I. ARCHITECTURAL UNIFORMITY: Commercial/office development in this PUD shall have a common architectural theme for all structures. Ouidanee for the cornmortality of architecture may be derived from Division 2.8. of the Land Development Code, or may be unique to the PUD. Commercial/office development site design shall conform with the guidelines and standards of Division 2.8. of the Land Development Code. SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development ofthe project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shah apply to this project even if the land with~ the PUD is not to be platted. The developer, his successor and assigns shnll be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Development Plan and the regulntions of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the prol~rty. In addition, any successor or assignee in title to the developer is hound by any commitments within this agreement. These co~ts may be assigned'or delegated to a commercial condominium association, as may he created by the Developer, Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 4,3 PUD MASTER DEVELOPMENT PLAN A, Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed land use layout shall not he construed to he final, and may be varied at anytime at any subsequent approval phase. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Envirorunental Services Administrator, or his designee, shall be authorized Io approve minor changes and refinements to the Mir- Mar PUD Master Plan upon written request of the developer. i ) The following limitations shall apply to such requests: a. The minor change or refinement shall be ~onststent with tim CoBlet County Growth Management Plan and the Mir-Mar PUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7,3,5.1. of the Collier County Land Development Code. c. The minor change or refinement shall be compatible with adjacent land uses, and shah not create detrimental impacts to abutting land uses, water management facilities, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 4.3.C. I) of this document: n. Reconfigurntion of water manngement facilities where such changes are consistent with the criteria of Collier County. 3) Minor changes and refinements, ns described above, shah be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Adrn~rator of a minor change or refinement may occur independently fi'om and prior to any application for Subdivision or Site Development Plan approval, however, the Administrator, or his deslgnee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County or City permits and approvals. 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. An nnnual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. 4.5 TRANSPORTATION A. Arterial level street lighting shall be required at the project access point on CR 846, with said lighting installed prior to issuance ofthe first Certificate of Occupancy. B. Adequate turn lanes shall be designed to serve the project, and shah be reviewed at the site plan approval stage of development. A site-specific access plan shah be developed at the applicant's sole expense, and shall be reviewed and approved by the County prior to issuance of any building permits. C. The PUD Document references the potential for future interconnection with adjacent properties to the cast. Notwithstanding the provisions of the Randall Center PUD, for which the developer has no responsibility, such intercon:g~:tion may be provided at the earlier of either an agreement being reached hetween the adjoining property owners, or a request by the County Transix~rtation Services Department to facilitate traffic flow, and safe operations. D. There shall be no direct access to Randall Boulevard permitted for tkls site. 4.5 WATER MANAGEMENT The development of this PUD Mast,",r Development Plan shall be subject to and gov,~-ned by the following conditions: A. Detailed paving, grading and site drainage plans shah be submitted to Engineering Review Services Section for review and approval. No consxmction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by County Engineering P, eview Services. 4.7 UTILITIES Given that the project site is not presently serviced with centrally provided potable water or sanitary sewer, the project shall utilize well and septic systems. 4.8 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site shall be submitted to Current Plaar~g Environmental Review Staff for review and approval prior to final site plan/construction plan approval. B. The PUD shall retain the appropriate amount of existing native vegetation to be preserved in its entirety, with all trees, understory and ground covers left intact and undisturbed, except for prohibited exotic species removal. For this parcel a minimum of 9000 square feet of existing native vegetation shall be retained or mitigated for in accordance with Section 3.9.5.5.4., LDC. C. The PUD shah be consistent with the Environmental Sections of the Collier County Growth Management Plan Conservation and Coastal Management Element, and the Collier County Land Development Code in effect at the time of final development order approval. D. Pursuant to Section 2.2.25.8.1. ofthe Land Development Code, ifduring the course of site clearing, excavation or other construction activity, an historic or archaeological ax~ifact is found, all development within the minimum area necessary to protect the discovery shah be immediately stopped, and the Collier County Code Enforcement Department contacted. 4.9 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect nt the time ofzoning approval. 4.10 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, betins, fences and wails are generally permitted as a principal use throughout the Mir-M nr PUD, and except as provided for hereln, buffer improvements shall b~ in conformaz~ with Division 2.4 of the Collier County Land D~v~lopm~nt Cod~.. Ths following standards shall apply: A. Landscape herins shall have the maximum side slopes: i) Grassedbetms4:l 2) Ground covered berrns 3:1 3) Rip-Rap berms l:i 4) Structural walled berms may be venial B. Fence or wall maximum height: 9 feet, as measured from the fuxished grade of the ground at the haz of the fence or wall For the purpose ofthis provision, finished grade shall be considered no greater than 18 inches above the crown elevation ofthe nearest existing road, unless the fence or wall is constructed on a perimeter landscape herre. In these cases, the fence or wall shall not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:1,2:!, i:!, or vertical). C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, so long as hndscape buffer is increased by the equivalent width. 4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in aceordance with Division 2.4 of tbe Collier County Land Development Code in effect at the time of Site Development Plan application. i0 - ------- Z '~ ":1: COMMERCIAL DEVELOPMENT AREA I~ ~I'ATION 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 copy of: ORDINANCE NO. 98-72 Which was adopted by the B~ard of County Commissioners on the 8th day of September, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of September, 1998.