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Ordinance 96-12 ORDINANCE NO. 96-12 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 te, 910T}z'~2, THE COLLIER COUNTY LAND DEVELOPMENT CODE W~4ICH ;,?,, INCLUDES THE COMPREHENSIVE ZONING REGULATIONS ~¢~ ~ FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, ~FLORIDA BY AMENDING THE OFFICIAL ZONING ATLA~ ~~.~~ ,~) MAP NUMBER 8532N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C-3" TO "PUD" PLANNED UNIT , DEVELOPMENT KNOWN AS "MIRALIA PUD" CONSISTING OF A MIXED USE DEVELOPMENT OF RESIDENTIAL (210 -----._--- DWELLING UNITS) AND COMMERCIAL (5,500 SQUARE.. FEET) ON PROPERTY LOCATED ON THE NORTH SIDE OF V~DERBILT BEACH ROAD IMMEDIATELY WEST OF VANDERBILT DRIVE, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.96 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Alan D. Reynolds, AICP, of Wilson, Miller, Barton & Peek, Inc., representing Benedict P. Miralia, Trustee, 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 of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 32, Township 48 South, Range 25 East, Collier County, Florida, is changed from "C-3" to "PUD" Planned Unit Development in accordance with the "Miralia PUD" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8532N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ~//~z~_,~-~-~ , 1996. BOARD OF COUNTY COMMISSIONERS ....... ... COLLIER COUNTY, FLORIDA d · ~ ': ' BY: ' ~ JJ~'N C. NORRIS, CHAIRMAN · -. , AND. LEGAL' 'SUFFICIENCY MARJOR~E M. STUDENT ASSISTANT CO~TY ATTORNEY PUD-96-20RDIN~CE/16525 This ordlnal~e flied w{th the Secretary of State's Office th~ ond acknow~eCgemcnt of th~ filin received this ~ day -2- MIRALIA A 1, PLANNED UNIT DEVELOPMENT 4-8.96 Acres Located in Section 32, Township 48 South, Range 25 East, Collier Ccunty, Florida PREPARED FOR: BENEDICT P. MIRALIA, TRUSTEE Bond Court Building, Suite 1202 1300 East Ninth Street Cleveland, OH 44114 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. Wilson Professional Center 3200 Bailey Lane, Suite 200 Naples, Florida 33942 DATE FILED: DATE APPROVED BY CCPC: DATE APPROVED BY BCC: 3/26/96 ORDINANCE NUMBER: 96-12 02/14/96 -W05370002.MCP 1-0537-04-00.PPUD TABLE OF CONTENTS LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECT ON I PROPERTY OWNERSHIP AND DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III LAND USES 3-1 02JI4~9~ -W05370002.MCP 1-0537-O4-0C,,PPUD LIST OF EXHIBITS AND TABLES EXHIBIT A AMENDED SETELEMENT AGREEMENT ~ EXH1BII' B LEGAL DESCRIPTION EXHIBIT C PUD MASTER PLAN (WMB&P, Inc. File No. RZ-243) ovl,.,~-w0s37~:,.Mo, ii I -0537-~4-00.PPI/D STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Benedict P. Mira!ia, Trustee, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 8.96+ acres of land located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. The PUD District intended to be created on fine Miralia property pursuant to the Amended Settlement Agreement, attached hereto and incorporated herein by reference as Exhibit "A", and~the development standards, heights, land uses, densities, and intensities permitted by the Amended Settlement Agreement and this PUD document are consistent with the Collier County Growth Management Plan as a result of: (i) Being improved (Parcels 8 and 9), being vested (Parcels I through 4), or being determined to be compatible as a result of complying with the Collier County Zoning Reevaluation Ordinance (ZRO), by being granted a Compatibility Exception per Section 10.6 of the ZRO (Parcels 5, 6, 7, I0 and 11); and (ii) Constituting a reduction in the amount of permitted commercial square footage and intensity of d. evelopment allowed on the Miralia Property by the Settlement Agreement. The development standards, heights, land uses, densities, and intensilies permitted by the Amended Settlement Agreement and .Uhis PUD document represent the County's future land use for the Miralia Property. SHORT TITLE This ordinance shall be known and cited as the "MIRALIA PLANNED UNIT DEVELOPMENT ORDINANCE." 02/14/96 -W05370002.MCP 111 142537-0-1-00.PPUD SECTION I PROPERTY OWNERSHIP AND DESCI;HPTION 1.1. PURPOSE The purpose of this section is to set forth the location and ownership of the property, an~i to describe the existing condition of the property proposed to be developed under the project name of MIRALIA. 1.2. LEGAL DESCRIPTION The legal description of the land subject to this PUD document is contained on the attach~ Exhibit "B" and referred t, ~ throughout this PUD Document as the Miralia Property or the Land. The Miralia Property is comprised of eleven (11) contiguous parcels of land located in the North Naples Planning Corrununity constituting in the aggregate approximately 8.96 acres of land. 1.3. PROPERTY OWNERSHIP The names of the legal and equitable owners of the land subject to this PUD document are Benedict P. Mimlia, Trustee for Ann Musca, pursuant to that TnLst Agreement dated August 31, 1983, as to an undivided one-seventh (1/7) interest; Benedict P. Miralia, Trustee for Molly E. Musca, pursuant to that Trust Agreement dated August 31, 1983, as to an undivided one-seventh (1/7) interest; Benedict P. Miralia, Trustee, for Anthony J. Musca, III, pursuant to that Trust Agreement dated August 31, 1983, as to an undivided one- seventh (1/7) interest; Benedict P. Miralia, Trustee for Mafia Musca, pursuant to that Trust Agreement dated August 31, 1983, as to an undivided one-seventh (1/7) interest; Benedict P. Miralia, Trustee, for Kathlcen Musca, pursuant to that Trust Agreement dated August 31, 1983, as to an undivided one-seventh (1/7) interest; Benedict P Miralia, Trustee, for Joseph Musca, pursuant to that Trust Agreement dated August 31, 1983, as to an undivided one- seventh (I/7) interest; and Benedict P. Miralia, Trustee, for John Musca, pursuant to that Trust Agreement dated August 31, 1983, as to an undivided one-seventh (1/7) interest CMiralia"). 1.4. LLE[GAILQ~ On September 12, 1996, Miralia filed suit against Collier Co~mty (the "County") in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, (Case No. 90-2910-CA-01), seeking a declaratory judgment and injunction as to his development rights on Parcels 1 through 4 and Parcels 5, 6, 7 and 10 of the Miralia Property (the "Lawsuit"). The County and Miralia settled the Lawsuit when Miralia forfeited the right to develop 28,000 square feet of retail commercial space, including a restaurant, in a two story 02J14/96-W05370002.MCP I- 1 I -O537-04 -IX).PPUD structure over covered parking on the approximately 1.893 acres which comprise Parcels 5, 6, 7 and 10 as approved under the final site development plan for the Waterfront SDP 90-52 and thereby reduced the intensity of development on the Miralia Property by making and entering into that certain Settlement Agreement as of October 13, 1992 as recorded in Official Records Book 1782, at pages 338 through 392, inclusive, of the Public Records of Collier County, Florida (the "Settlement Agreement"). The Settlement Agreement authorizes the development of a 10 story, I00 foot tall, 210 suite condo/hotel and 14;500 square feet of retail commemial space, plus the retail commercial space contained within a hotel or customarily associated accessory uses to a hotel, under the existing C-3 Commercial Intermediate Zoning District on the Miralia Property. On September 14, 1995, Miralia filed a Motion to Clarify and Enforce Final Judgment in the Lawsuit (the "Motion to Enforce Final Judgment") seeking an order permitting him to develop multi-family residences in addition to, or in exchange for, a hotel on the Miralia Property. The term "Lawsuit" as here~aRer used in and throughout this PUD document is intended and shall be construed to inclade the Motion to Enforce. Final Judgment. The Cm:-:~ty has determined that multi-family residences cormitute a superior and less intensive land use to the hotel permitted on the Miralia Property by the Settlement Agreement and that exchanging multi-family residences for a hotel on the Miralia Property (i) serves the public interest in a reasonable and non-discriminatory way and (ii) promotes the public health, safety, morals and general welfare. Mizalia has offered to relinquish his right to develop a hotel on the Miralia Property and reduce the maximum mount of retail commercial space permitted by the Settlement Agreement on the Miralia Property from fourteen thousand five hundred (14,500) square feet, plus the retail commercia. l space contained within a hotel or custornarily associated accessory uses to a hotel, to five thousand five hundred (5,500) square feet in exchange for the development rights provided for/n this PUD document. The Cotrely has accepted the offer. The County and Miralia thereafter settled the Lawsuit in accordance with their agreement by making and entering into flint certain Amended Settlement Agreement as of December 12, 1995, as recorded in Official Records Book 2137, at Page 0402 through 0459, inclusive, of the Public Records of Collier County, Florida (the "Amended Settlement Agreement"). The Amended Se, ttlement Agreement was incorporated into and made part of, and the Co~mty and Miral ia were ordered to comply with the 'terms and provisions of the Amended Settlement Agreeanent by, a Final Judgment renderect by Twentieth Judicial Circuit Court Judge William L. Blackwell in the Lawsuit. The Amended Settlement Agreement provides in pertinent part that the Miralia Property will be rezoned to a Planned Unit Development Disuict to include 210 multi-family residences, 5,500 square feet of retail commercial space, and the other uses, densities, intensities, heights arid performance standards contained in the Amended Settlement Agreement. The County and Mirzdia intend that the terms and cnnditions of the Amended Settlement Agreement sin'rive the adoption of this PUD document. 02714~96 .was37ooo2~McP 1 o 2 1-0517-O,I-00.ppUD 1.5. pUBLIC PUI~POSE This PUD document represents land uses, intensities, densities, and development standards applicable to development of the Miralia Property which are superior to the land uses, intensities, densities, and development standards which are permitted under either the C-3 Commercial. Intermediate Zoning District on the Miralia Property, the Seuledient Agreement or the Approved Final Site Development Plans referred to in the Settlement Agreement. This PUD docmnent will serve the public interest, promote the public health, safety, and welfare, and cortfonn to the Collier County Land Development Code (the "LDC") as to PUD zoning districts or, as to any modifications therefrom, a determination has been made by the Board of County Commissioners that the modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 1.6. F.t.(')VERNING LAW All Articles, Division and Sections of the LDC, as may be amended from time to time, shall govern the development of the Miralia Property, except as otherwise provided for by the terms of the PUD document, provided however, that this provisions slall not be construed to enable the LDC or an anmndment to the LDC to deprive Miralia, his successors or assigns of the right to develop two hundred ten (210) multi-family dwelling units as provided herein; five thousand five hundred (5,500) square feet of retail commercial space; and the associated heights, land uses population densities, and building intensities provided for in this PUD document on the Miralia Property. 1.7. GENERAL DESCRIPTION A. The project is located on the northwest comer of the intersection of Vanderbilt Beach Road and Vanderbilt Drive. It is bordered on the east, across Vanderbilt Drive by residentially (RMF-6) zoned and developed property (Beach Walk); to the west by commercially (C-3) zoned and developed property; to the south, across Vanderbilt Beach Road by PUD (Pelican Bay) zoned and developed property; and ~.o the north by residentially (R.MF-16) zoned and developed property. B. The zoning classification of the subject property prior to the date of the PUD approval is C-3, Cormnercial Intermediate. C. Elevations within the site range from 2.9 NGVD to 4.8 NGVD above mean sea level. Per FIRM Map 120067 0189D the subject property lies in Zone AE. D. The project site is lo~.ted within the Miscellaneous Coastal Basin depicted within the Collier County Drainage Map (,published September, 1990). ozt14,96-wo5370~o2.ucP l- 3 I..0537-O4-00.PPUD SECTION II PROJECT DEVELOPMENT The purpose of this Section is to generally describe the project plan of development 'for MIRALIA, and to identify relationships to applicable County Ordinar, ces, policies, and procedures. 2.2. GEIXER,M. A. RegC. ations for development of MIRALIA shall be in accordance with the contents of this document, PUD-Planned Unit Development District, the Amended Settlement Agreement, and other applicable sections and parts of the LDC in effect at the time of issuance of any development order which authorizes the construction of improvements as, and to the extent provided in, Section 1.6 hereof. These include, but are not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this Planned Unit Development Document fails to provide developmental standards, then the provisions of the most similar district or requirement in the LDC shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the defir~tions set forth in the LDC in effect at the time of development order application. These applications include, but are not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. C. Development permitted by the approval of this petition will be subject to a concttrrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the LDC. D. All conditions impo~d herein or contained on the Master Plan for MIRALIA PUD are part of the regulations which govern the manner in which the site may be developed. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including layout of streets and me of land for various tracts, is iljustrated graphically by Exhibit "C", PLrD Master Plan, (WMB&P, Inc. File No. RZ-243). Exemptions, waivers and deviations fi'om the required master plan element are made by the Development Services Director based on his specific finding that the element may be 2-1 02/14/96 -W05370002 .MCP 1~)52,7-O4-O0.PPUD waived without a detrimental effect upon the public health, safety and welfixre. Variations to land use designations and acreage within the project may be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other unforeseen site conditions. The specific location, size, and configuration of individual tracts shall be determined at the time of site development plan approval i:n accordance with Article 3 Division 3.3 of the LDC, or ils successor provision. : 2.4. EgO~YECT DENSITY A maximum of 210 multi-family dwelling units shall be conslzucted in project areas indicated as "Residential" on the PUD Master Plan. The 17oss project density for the development will be approiTnately 23 units per acre. A maximum of 5,500 square feet of retail commercial is permittexl on Parcels 5, 6, 7, and the south one-half(I/2) of Parcel 11. Roads and other infrastructttre may be either public or private, depending on location, capacity, and design. The determination as to whether a road shall be public or private shall be made by the developer, his successors or assignee at the time of subdivision approval. Standards for public roads shall be in compliance with the applicable provisions of County Code regulating subdivisions, unless otherwise approved as a substitution during subdivision approval. The Developer, his successors or assignee reserves the fight to request substitutions to Cod{,' design standards in accordance with Section 3.2.7.2 of the LDC. The Developer shall create appropriate homeowner associations which will be responsible for maintaining the roads, streets, drainage, and water and sewer improvements where such systems are not dedicated to the County. 2.6. I..~KE SETBACK AND EX_CAVATION The lake setback requiremenks described in Article 3, Division 3.5, Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Development Services Director. 2.7. USE OF RIGHTS-OF-WAY Utilization of the rights. of-way and easements for landscaping, decorative enlrance ways and signage shall be permitted subject to review and approval by Collier County Development Services Director for engineering and safety considerations dttring the review process and prior to any installations. 2-2 02/I 4,96 -W05370002 .MC'P I -0537-04-O0.PPUD 2.8. SITE CLEARING AND D_I~ Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the LDC and the standards and commitments of this document. 2.9. MGDEL HOMES/SALES CENTER Model homes and a Sales Center shall be permissible pursuant to the requirements of Section 2,6.33.4 and Section 3.2.6.3.6, of the LDC. 2.10. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD Document or PUD Master Plan as provided in Section 2.7.3f of the LDC, or its suc:.essor provision. 2.11. ,ASSOCIATION FOR COMMON AREA MAINTENANCE The developer, his successors or assigns, shall provide for the care and maintenance of ail common facilities and open spaces. However, if the property is to be subdivided into any individual tracts or lots to be transferred to another entity, then in that event, the developer shall create a property owners association whose function shall include provision for the care and maintenance of all common facilities and open spaces subject further to the provisions contained herein. Said property owners association shall provide restrictive covenants governing the use of the common facilities and open space and shall provide an assessment process for funding the maintenance and care of said facilities. 2.12. LIMITATIONS OF PLANI~ED UNIT DEVELOPME~ If, for any reason, all of the necessary final and nonap~able building permits, local developmen! orders, certificates of adequate public facilities and certificates of occupancy for two hundred ten (210) multi-family dwellings in a development which satisfies the dimensional standards contained in this PUD document are not issued within four (4) years after the Effective Date of the Amended Settlement Agreement, Miralia, his successors and assigns shall have the right and option, but not the obligation, in addition to all other rights, options or remedies provided to Miralia herein or under law, and not in limitation thereof, in their sole and exclusive discretion to cancel and terminate the Amended Settlement Agreement and this PUD Document and automatically, and cause the Cotmty to, reinstate in lieu hereof the terms and conditions, uses, heights, densities and intensities described in the Settlement Agreement by providing writ-ten notice to the County of their intention to reinstate the Settlement Agreement at any tixne within five (5) years after the Effective Date of the Amended Settlement Agreement. 2-3 02/14/96 -WOllTOOOl.MCP I -0537-,944)0.PPUD 2.13. P_LT.D MONIT6RING An annual monitoring report shall be submitted pursuant to Section ~.7.3.6, of the LDC. 2.14. SUBDMSION APPROVAL The review and approval of all subdivisions within the Project shall follow the design and development standards and review procedures in Article 3 of the Code in effect at the time of development approval. The developer reserves the right to request substitution of design sUmdards and request deviations pursuant to the Code to the standards set forth in applicable regulations. 2.15. HTE DEVELOPMENT PLAN APPROVAL The provisions of Article 3, Divisi6:, 3.3 of the LDC slmll apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2.16. II'vI~P_ACI_EEE~ Miralia or his predecessor in title paid the sum of $375,985.00 in water and sewer impact fees for the Miralia Property in 1981 and Miralia, his successors, or assigns are therefore entitled to a credit in such amount against water and sewer impact fees. In the event that said sum of $375,985.00 exceeds the water and sewer impact fees payable at the time said fees are due, Miralia, his successors, or assigns shall not be entitled to any credit of such excess monies against other impact fees or any other fee or charge, and such excess monies shall be retained by the County and used by the County at its sole discretion. Road impact fee credits shall be granted to the Developer in accordance with Section 3.06 of the Road Impact Fee Ordinance 92-22, should Collier County require a dedication of land for road fight-of-way pursuant to Paragraph 47 of the Amended Settlement Agreement. 2.17. EASEMENTB FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable reg~lations in effect at the time approvals are requested. 2.18. OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and open space shall meet the 30% open space requirement for development as set forth in Section 2.6.32.3 of the LDC. Open space shall include all pervious greenspace within development parcels and lots. 2-4 02./I 4/96 -W05370,X)l.MCP I-O537-Ol-O0.PPUD 2.19. POLLING PLACES This PUD is subject to the provisions in Section 2.6.30, Division 2.6, Article 2 ofthe LDC. 2-5 02/I 4,n~6 -W05370002.MCP I -053 ?-04 -00 .PPUD SECTION IlI LAND USES The purpose of this section is to identify permitted uses and development standards for areas within MIRALIA PUD. 3.2. MAX1MUM DEVELOPMENI The land uses, including population densities and building intensities, permitted as of fight or as uses accessory Io permitted uses on the Miralia PUD are as follows: A. The maximum mount of retail commercial square footage is five thousand five hundred (5,500) square feet, including permitted principal uses and conditional uses on Parcels 5, 6, 7, and the south one-half(I/2) of Parcel 1 I. B. The maximum number of multi-family dwellings is 210. 3.3. PERMITTED USE,~ A. Permitted Principal Uses as of right on Parcels 1 through 11: Multi-family dwellings. B. Permitted Principal Use,'; as of right on Parcels 5, 6, 7 and the south one-half(I/2) of Parcel 1 I: 1. Antique shops; appliance stores; art studios; ~m supplies; automobile parts stores; automobile service stations, fuel dispensing only, subject to Section 2.6.28, LDC, as amended. 2. Bakery shops including baking incidental to x,etail; banks (branch or main office) and financial institutions; barber and beauty shops; bath supply stores; blueprint shops; bicycle sales and se,"vio.'s; bookstores. 3. Care units, subject to Section 2.6.26, LDC, as amended; carpet and floor coveting sales (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionery and candy stores. 4. Delicatessen; drug stores; dry cleaning shops; dry gr, ods stores and department stores. 02/14,9~ -W0S370(lOl.MCP 3 - l 1-05374:M-.00,PPUD 5. 'Eating and drinking establishments or restaurants, including dancing and staged entertainment facilities but no contract feeding, food service (institutional), dinner theaters, industrial feeding, bottle clubs, cabarets, cocktail lotrages, discotheques and night clubs. 6. Fish stores (retail only); florist shops; food markets; furniture stores; fut-rier shops and fast-food restaurants. 7. Gift shops; gourmet shops and group care facilities (category I and category II), subject to Section 2.6.26, LDC, as ranended. 8. Itardware stores; health food stores; hobby supply stores. 9. lee cream stores; ice sales (retail only); interior decorating showrooms (retail only). I O. Jewelry stores. I I. Laundries (self-service only); leather goods and luggage stores; and liquor stores. 12. Meat markets; medic~d offices or clinics for human care; millinery shops; museums; music stores; and nursing homes, subject to Section 2.6.26, LDC, as amended. 13. Office (general or professional). 14. Pet shops; pet supply stores; photographic equiprnent store:;; post office. 15. Radio and television sales and service; restaurants not including drive-ins. 16. Souvenir stores; stationery stores; shopping centers, subject to Division 3.3, LDC, as amended; supermarkets; small appliance stores; shoe sales and repairs. 17. Tobacco shops; toy shops; tropical fish stores. 18. Variety stores; veterinary offices and clinics not including outside kermeling. 19. Watch and precision instrument sales and repair. 20. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible in the district. 02/14/96 -~tOJ170002.MCP 3-2 1-0537-O4-CO,PPUD C. Permitted Accessory Uses on Parcels I through 11: 1. Accessory uses and structures customarily ad!;sociated with the permitted uses. 2. Caretaker's residence, subject to Section 2.6.16, LDC, as amended. 3. Private docks, subject to Section 2.6.21, LDC, as amended, on Parcels 1 through 4. In the event that boat docks are COJkstmcted ~LS an accessory use to the multi-family dv:ellings, the acttud nLunber of docks shall be the greater of 74 or a number commensurate with the multi-family dwellings use. Boat docks accessory to the multi-family dwelling use shall not comprise a commercial use nor shall any boat docks accessory to the multi- family dwelling use compris~ in part or in whole a public or private marina. Fuel dispensing shall be prohibited. Rental of jet skis or other recreational equipment which will be disruptive to the lagoon area 'shall be prohibited in conjunction with aforementioned boat docks. D. Permitted Conditional Uses on Parcels 5, 6, 7 and the south one-half(I/'2) of Parcel 11, subject to Section 2.7.4, LDC, Conditional Use Procedures: 1. Commercial schools 2. Mixed residential and commercial uses, subject to criteria contained in Section 2.2.14.3, LDC, as amended, governing mixed residential and commercial uses. 3.4. DEVELOPMENT STANDARDS The following dimensional standards shall apply to any development on the Miralia PUD as specified herein: A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: Seventy-five (75) feel C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet). 2. Side yard: Fifteen (15) feet. 3. Rear yard: Fifteen (15) feet. 02/I 4/96 -W0/.170002.MCP 3 -3 I~S]7.'04-0O.PPUD 4. Any yard abutting a residentially zoned parcel: Twenty-five (25) feet. 5. Waterfront: Twenty-five (25) feet. 6. Any portion of a structure over one sto:y in height as measured from, and parallel to, the noah property line abutting RMF-16 Zoning: Fifty (50) feet. D. Minimum floor areas of principal structures: one thousand (1,000) square feet per building on the ground floor. E. Distance be..,veen slructures: Fifteen (15) feet. F. Minimum off-street parking and off-street loading requirements: as required in Division 2.3, LDC, as may be amended from time to time. G. Minimum landscaping requirements: as required in Division 2.4, LDC, as may be amended from time to time. H. Merchandise storage and display: unless specifically permitted for a use, outside storage or display of merchandise is protfibited. I. Signs: as required in Division 2.5, LDC, as may be an'|ended from time to time. J. Location of accessor), structures: as required by Division 2.6, LDC, as may be amended from time to time. K. Restricted access: access rights shall be determined in accordance with the applicable County standards; however, in no event shall there be more than one ingress/egress to the Ivliralia PUD from Vanderbilt Drive. A. Required landscaped buffer areas: as required h~ Division 2.4, LDC, as may be amended from time to time, provided, however that: B. A landscape buffer shall be provided along the north properly line abutting RMF-16 zoning in accordance with Section 2.4.7.4, Alt,:rnative C, LDC, except that the buffer shall be 25' wide. C. A landscape buffer slmll be provided along the north property line abutting the existing ! 00' wide waterway. The easterly 60' abutting the waterway shall contain a buffer in accordance with Section 2.4.7.4, Alternative A, LDC, except the buffer o2n4t96 -w05370{~2.Mc~, 3 -4 I -O537-C4-00,PPUD area shall be 25' wide; the buffer area shall include a continuous 3' high hedge (2' high at planting, one year to attain 3' height); and the buffer area shall contain a ground cover throughout (planrings, landscape material, etc.). Sidewalks/decks are permittee! within this easterly 60' buffer. The remainder of the property abutting the waterway shall contain a buffer as required in Section 2.4.7, LDC. 3.6. HEIGHT OF STRUCT URI~ A. Heights: The maximum heights of structures measured vertically from the established minimum base flood elevations (according to the Federal Emergency Management Agency (FEMA) Maps) are as follows: 1. Multi-family dwellings: Ten (10) stories or one htmdred (100) feet, whichever is greater. 2. All other structures: Fifty (50) feet, but not more than three (3) stories for retail corninertial structures. The initial development of the Miralia PUD may proceed in phases comprised of a multi- family dwelling phase on Parcels 1 through 11, or portions th~:reof, and a retail commercial phase on Parcels 5, 6, 7 and the south one-half (1/2) of Parcel 11, or portions thereof, and the development of the phases may proceed in any sequence; but neither the entire development nor any phase thereof must be commenced or completed within a specific period of time based on a slx~ci~c finding by the Board of Collier County Commissioners that a waiver of time limits is necessary to prevent injustice and facilitate propor development, and any time limits provided for PUD districts by the LDC are therefore hereby expressly waived by the County. 02/11,'96 -W05370,)02.MCP 3 -5 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: ORDIN/!.~]CE NO. 96-12 Which was adopted by the Board of County Commissioners on the 26th day of March, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of March, 1996. DWIGHT E. BROCK Clerk of Courts and.,'~e~k Ex-officio to Board .~£ County Commissione'r" .' : //Maureen K~nybn Depu y C1 r ...... i~ .. ,