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Ordinance 92-062:~, ,. ORDINANCE 91-102, ~E CO~E~ CO~ ~D ~DE ~I~ ,STABLISHES ~E CO~SI~ ~ ZONING ~TIONS FOR ~ ~INCOR~ '~ ~DING ~ OFFICIAL ZONING AT~ ~ 0629N~ BY ~GING ~ ZONING ~SIFI~TION OF ~ H~IN DES~IBED ~OP~ ~OM N~N TO "~D", P~D ~IT D~~, ~0~ ~ MI~LI ~D, FOR A MI~D USE ~MP~X (~D USES INC~DING ~CIAL ~D ~ID~I~) , FOR ~OP~ ~D ON ~ S~ SIDE OF US-41 ~ST ~D 200 ~ NO~ OF ~I~E ~, LYING IN SE~ION 29, ~SHIP S0 SO~, ~GE 26 ~T, CO~I~ ~, F~RIDA~ CONSISTING OF 8.7 A~S~ ~D BY ~OVIDING ~ EFFE~I~ DA~. WHEREAS, the residential portion of the Hlceli Planned Unit Development (PUD), which permits 60 dwelling units at a density of 10.2 units per acre, hal been found to be inconsistent with the Density Rating System contained in the Future Land Use Element of the Growth Management Plan~ WHEREAS, the Collier County Growth Planning Department petitioned the Board of County Commissioners to change the zoning classification of the herein described real property to be consistent with the Future Land Use Element of the Growth Management Plan~ NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY .. COHHIBSION~RS OF COLLIER COUNTY, .FLORIDA~ The Zoning Classification of the herein described real property located in Section 29, Township 50 South, Range 26 East, Collier Count~, Florida, is changed from SPUD" to "PUD", Planned Unit Development, in accordance with the PUD document attached hereto as Exhibit "A# which ie incorporated herein and by reference ~ade part hereof. The Official Zoning Atlas Map Number 0629N, as deacribed in Ordinance Number 91-102, is hereby amended accordingly. Ordinance Nmaber 84-71, known as the Hiceli PUD, adopted on October 2, 1984 bM the Boar~ of County Commissioners o£ Collier County, Florida, is hereb~ repealed in its entirety. Thia Ordinance ehall become effeCcive upon receipt of notice from the SecretarM o£ S~te ~a~ ~is Ordinance has been fil~ vi~ ~e Secre~a~ o~ P~SED ~D ~? ~D ~ ~e Board of Coun~M Cmisal~ers of Collie~ C~M~ Florida, ~is ~ dam o~ , ,= 02 · MICHAEL ~. MICELI, TRUSTEE PREPARED BYZ WAFAA F. ASSAAD, A.I.C.P. AGNOLI, ASSAAD, BARBER, BRUNDAGE & SHANNON, INC. ENGINEERS, PLANNERS & LAND ~URVEYORS 7400 Tamiami Trail North Naplee, Florida 33963 Date l~ued: September 20, 1984 REVISED JUNE 22, 1992 BY ~ COLLIER COUNTY GROWTH PLANNIN~ DEPARTMENT SECTION 1 GENERAL DEVELOPMENT INFORMATION It is the intent of Michael ~. M/celt, Trustee, hereinafter called #applicant# or "developer", to establish and develop a Planned Unit Development (PUD) on certain properties located in Collier County, Florida. 1.02 ~ This Ordinance/PUD document shall be known and cited as The Miceli PUD. Subject property ie currently under the unified control of the Applicant/Developer. " . 1.04 Subject property ie approximately S.? acres and ie located on the East Tamiami Trail (U.S. 41). It is ~he intent of the Developer to provide a multiple family residential development to be either rented or rented with the option to purchase, and also to provide a commercial complex as ehow~ on the Master Plan. A home owner's association shall ha created to provide, among other things, for the ownership and the maintenance of the common elements. The maximum number of dwelling units to he built on Tract ~A" of this property is seventeen (17). A trac~ or parcel of land lying in the North half (N 1/2) of Section 29, Township 50 South, Range 26 East, which tract or parcel ie described as followe~ From the northeasterly corner of Block "D" of Unit No. 1, Myrtle Cove Acres, according to a plat thereof recorded in Plat Book 3, at Page 3S, Public Records of Collier County, Florida~ run North 39'-04~ West for 247.15 feet along a line 150 feet, measured on a perpendicular, from and parallel to the center line of the Tamiami Trail (State Road No. 90), the point of beginning of the lands hereby conveyed. From said point of beginning run South 50'-56' West for 300 feet along a line parallel to the northerly line of Lot 9 of said Block "D# of Unit No. 1, Myrtle Cove Acres to the corner of the north line of said Unit No. 1, Myrtle Cove Acres, common to Lots 9 and 10 of Block aG" of said Unit No. l, Myrtle Cove Acree~ thence run North S9'-35t West for 961.97 feet along the south line of said North half of Section 29 and the north line of said Unit No. 1, Myrtle Cove Acres to a point 30 feet fro~ the southvast cor~er o~ said ~orth hal£ o£ Section 29I thence ~n no~herl~ along a l~ne 30 feet fr~ and parallel to ~e ~est line o~ said ~To~h hale of Se~ton 29 for 308.99 feet~ thence ~n South 89'-35 East for 694.76 fee~ on a l~ne parallel 2o the south l~ne of sa~d No~h halt of Se~on 29 and the no~h l~ne oE sa~d Uni~ No. 1, H~le C~e Acrei~ thence ~n ~o~h 50'-~6~ East flor 300 feet along a line parallel to the no~herl~ oE ~t 9 o~ Block 'D' o~ said Unit No. 1, M~le Cove ~cres, to an lntersec~ion wi2h a line 150 fee2, measured on a pe~endi~lar, from and parallel to the cen2er line of ~e Tamiami Trail (S2ake Road No. 90)~ thence ~n B~ 39'-04' Eas~ alon~ said parallel line for 400 to ~e poin2 of beginning. ~e ~icelX Planned Uni2 Developmen~ ia conaiaten~ ~e Collier County Gr~h ~ana~emen2 Plan Eot the foll~inq reaaons: A. ~e pro~e~ ~ite i~ de~l~ated Urban Coastal Fringe on ~he ~ture ~nd Use ~ap and in the. ~ture ~nd Ule Ellen2. Proper~iea designated Urban Coa~al Fringe are pe~i~ed a ba~e denli~ of up 2o 4 units per acre. ~e pr~e~M t~ tn the Traff/c Conqeatlon Area, a~ de~i~a~ed on the ~ure ~nd U~e ~ap and in ~he ~ture ~nd Use glemem2, reeulti~q in ~he a~rac~ion off I uni2/acr8 ~teldtnq an adJus2ed baae den~itM of 3 unica per acre (fr~ 4 units/acre ~o pro~le~ t~ no~ a~ropria~e. ~o okhar pr~i~ion~ den~ttM are applicable. ~e residential use~ in ~i~ ~ are pe~it2ed in the Urban Coastal Fringe and ~e densiky of ~.0 units per acre confo~ to ~ ~naity ~inq SMs~em contained in the ~ture ~nd Use Elemen2. ~e co~erctal usam are pe~itted via Poli~ 5.g off the ~ture ~nd Use Elemen~ al cruet=ia1 potion of this ~D t~ impr~ed. B. ~e proJe~ Aa c~pa21ble wi~ ~u~oundinq land ulel a~ re,ired ~ Poli~ 5.4 o~ the ~kura ~nd Uae I~7IJI~-FAMIT-Y RESIDEI~TAL/~RAC~ 'A~ re.la, tons ~or the areas dnslgnnted on the ~ster Plan ~ ~x~ o~ seventeen (17} dwelling units ~ay be ~st~ed In all o~ ~e ~ltl-Family Restdential/~ra~ ~~D USES ~D No ~il~inq or stature, or pa~ thereo~, shall ere~e~, altere~ or use~, or lan~ or wate~ used, in ~ole or in pa~, for other than the roll,lng= A. Pe~it~ed ~incimal Uses and S~gtures~ ~. I. ~lti-ffamily dwellings (conventional or m~ular) 2. Interim treatment plan2~ existing nurse~. 3. ~kes and water ~anagemen2 facilities. .:~. B. Pe~i~ed Accesso~ Uses and S~ure~ .. '*~ 1. ~sto~ accesso~ uses and stn~ures. 2. Si~s as pe~itted by ~e Collier Co~ty C~e in effe~ at ~e time si~ pe~tts and/or building pe~its are recessed. 3. ~el h~es/apa~ents shall be penltted tn conJun~ion vtth the promotion o~ ~e development. Such m~el h~es shall be for a peri~ of one (1) year fr~ ~e initial uss as a m~el. ~e Develo~en~ Se~ices Dtre~or may au~orlze the e~enston o~ such use upon ~ttten repes~ and ~usttftcation. All yards, setbacks, etc. shall be applied In relation to khe trac~ boundaries. ~ ~a~ boundaries= one half of p~tnclpal bounding hetgh~ wlbh a mlnlmum distance of ~wen~y five (25) feet. Distance between any two principal statures: ~i~teen (15) feet or a distance e~al ~o one half (2/2) the a~ o~ their heights, which~er . is greater. 2.04.03 ~XI~ BUILDING HEIGHT~ ~o (2) habitable/living stories a~e parking. 2.04.04 ~50 S~uare Feet. 2.o4.os ~ ~ay be permitted or re~ired ~ ~e a~licable Collie~ C~ty Zoning C~e in e~fe~ at ~e time anM develo~ent o~ar (e.g. Site ~elo~ent -: .- Plan) is re~es~ed. 2.04.0~ ~ ~y be pe~i~e~ or re~ice~ bM ~e applic~le Colliec Corem ~i~ C~e i~ ef~e~ a~ ~e ~ime a SeCTiON ZZZ ,., 3'01 P~RPOS~ The purpose of thlm Baction im to met £orth the regulations for the steam designated on the liaater Plan mm ¢ozmnsrcial/Tract "B". 3 o 02 PN~i~'I~ED USES ~d~D 7o building or structure, or part thereof, shall be mrected, altered or used, or land or vater used, in vholm or in part, for other than the follovtnq: Permitted Prlncival Uses andStructure~: 1. Antiqua shops~ appliance stores~ art studtoa~ art supply shops~ auto~obila parts etores~ eyeing shops. Bakery ehopal banks and financial institutional barber and beauty shops~ bath supply atoraal bicycle sales and aervtcee~ blueprint shops~ bookbinders~ book storssl business lachtne sarvicaa° 3. Carpet and floor coverinq sales - vhich lay include storage and installation; child care centare; clothing stores; cocktail lounges sub, act to locational requirements of Section 2.6.10 of the Land Develolment Code~ commercial recreation uses - indoor; confectionery and candy 4. Dellcatessenal drug stores; dry cleaning shopsl dry goods stores; and drapery shops. S. Electrical supply stores; existing nursery. 6. Fish market - retail only~ florist ehopal food larkets~ fraternal and social clubs - sub~ec'c to locational requirements of Section 2.6.10 of the Land Develolment Code; furniture stores. 7. Garden supply stores - outside display in side and rear yardsl gift ehopal qlaes and mirror gourmet shops. . 8. Hardvara stores; health food stores. ~' 9. Ice cream atorea~ interior decorating ahoy roo~. m 10. ~evalry stores. ~ 11. Laundries - self service only~ leather qoodal liquor atoraa~ lock, lths. 12. ~arkata - food~ larkets - meat~ medical offices and clinical ~llllnary shops~ music stores. 12. O~£ice - qeneral~ of£tca supply stores. 14. Paint and wallpaper stores~ pet shops, pet supply shops~ photo~raphio equipment stores~ pottery stores~ printing~ publishing and mimeograph service shops~ private clubs - sub~ec~ to locational requirements of Section 2o6.10 of Land Development Code~ professional offices. 15. Radio and television sales and services~ research .. and design labs~ restaurants - including drive-in or fast food restaurants - subJec~ to locational requirements of Sec~cion 2.6.10 of the Land '' . Development Cc~e. 16. Shoe repair~ shoe stores! souvenir stores~ stationa~ stores. 17. Tailor shops; tile sales - ceramic tile; tobacco shops;_to~ shops~ tropical fish stores. 18. Upholster~ shops. 19. Variety shops~ veterinarian offices and clinics - no outside kennels. 20. Watch and precision instrument repair shops~ waste water treatment facilities. 21. ~ny other use which is comparable in nature the foregoing uses and which the Development Services Director deter~inas to be compatible in the district. B. Permitted Principal Uses and Structures Re~uirina Site 1. Permitted uses with less than 1,000 square feet gross floor area in the principal structure. C. Permitted Accessorv Uses and Struc~urem 1. ~Ccessor~uses and structures customarily associated with the uses permitted in this district. 2. Caretaker's residence. 3. Signs as permitted by the Collier County Sign code in effect at the time sign permits and/or building per. its ars requested. 3.03 PROPER~Y DEVELOPMENT REGU[ATIONS 3.03.01 All yards, setbacks, etc., shall be in relation to the tract bcundaries. 3.03.02 MINI~UNSE'PB~S~ Fro~ tract boundaries, one-half (1/2) of principal building height with a ~tni~um of~ F~ont (U.S. 41) 25 Feet Bide ~one; or a of five (S) with unobstructed passaqe £rom £ront ~o rear yard. Rear 25 D~s2ance between an~ two principal it~ctures~ Ten (~0) fee2. 3.03.03 ' ' ' One ~ousand (~,000) s~are tee~ per bu~ld~ng on ~o~d floor. 3.03.04 FIEt~ (50) fee2. 3.03.05 - · ~1 ~ay be pe~[2ted oc re~[~ed ~ the a~l~cable Collier C~nt~ Zoning C~e ~n etfe~ at the t~me an7 develo~ent o~er (e.g. S~te ~velop~en~ Plan) ~1 forested. 3.03.06 ~ Al ~y be pe~l~ed ~ ~e a~lic~le Collier County Sl~ C~e in effe~ a2 ti~e a ll~ pe~ and/or building Al re~es2ed. .. ~.03;~7 . · A. ~ndscapinq, buffer areas and supplementa~ diitri~ zoning re~lations ~at ma~ be applicable ce~ain uses able shall be a~ered to ~less in conflic2 with an~ of the inten2 or the pr~isions ~pecified herein. B. Herchandlle ikorage and display. Unless specifically pe~i2ted for a given use, outside storage or display of ~erchandlle il prohibi2ed. SECT~O~ ~V DEVELOPI~ENT 4o0~ ~ ~ / The purposa of this Section is to set forth the general s~andarda and commitments for devalopmant of the project. X. Subject to FDOT approval, the developer shall provide left and right turn lanes on US-41 at the project B. The developer shall provide arterial level street lighting at th- reject entrance. The operating and ~aintenance cos~ of the units shall be asstmed by Collier County at such time as a street light system is established along this section of US-41. C. Primary accesa shall be from U.S. 41. D. Internal road systems ara intended to be private. A bike path shall be provided along US-41 along the front of the property. F. A bike path shall be provided from the western end of the residential tract to US-41. . G.Access through Lots I & 2 of Block G of Myrtle Cove Acres sulxllvtaton to the south iS prohibited. 4.03 DEVELOPMENT PLAN A. The proposed Master Plan iljustrates the tentative development, uses and locations of certain B. The design criteria and layout iljustrated on the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. C. Minor design changes, such as but not limited to, locations of buildings, distribution of dwelling units, building types, etc., shall be permitted subject to the staff approval. D. The size of the commercial facilities may be increased over that shown on the Master Plan provided that other applicable development regulations, such as parking setbacks, etc., are met. 4104 FTR~ PREVENTION The development shall comply with applicable codes and regulations. 4 · 05 ~RONMENTAL CONSIDERATIONS A.Native species shall be utilized, where available, to the maximum extent possible in the site landscaping 4-1 ~ design. A landscaping plan will be submitted to Project Review Services staff for their review and f.' approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the · ,recreation of native vegetation and habitat characteristics lost on the site during construction or due to past activities as ~uch as practically and ' ~.~. economically feasible. B. Ail exotic plants, as defined in the Land Development ~ Code, shall be removed during each phase of construction from development areas and open space areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by ProJect ReviewServicee staff. 4.06 WATER MANAGEMENT Ao Detailed site drainage plane shall be submitted to the Development Services Director for review. No ~, construction permits shall be issued unless and until '".? approval of the proposed construction in accordance ;, with the auh~ittad plans is qranted by the '~' Development Services Director. B. An Excavation Permit will be required for the proposed lakes in accordance with the Collier County Excavation Regulations. C. The developer shall provide a 50 foot wide drainage easement to encompass the relocated outfall ~wale ~,, along the nor~i and week boundaries of the project. :,.'- D. The'developer shall provide a 50 foot side drainage easement to encompass the relocated surfs11 swale at ~ the northwest corner of Lot 1, Myrtle Cove Acres. E. The developer shall provide a 10 foot side minimum' drainage easement along the entire south proper~y !, line bordering Myrtle Cove Acres. 'ii', F. The developer shall clean out the existing ditch along the project southerly boundary line. 4.07 ~' A. Central wa~er distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. The proposed water and sewer facilities will be constructed within easements to be dedicated to the County for utilitypurposee or within platted rights-of-way. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County*s minimum requirements at which time they will be dedicated to the County pursuant to appropriate County Ordinances and Regulations in effect at the time dedication requested, prior to being placed into service. ~'" '~?' Bo All construction plans and technical specifications and proposed plats~ i£ applicable, £or the proposed .water distribution and sewage collection and :: trans~iseton facilities ~ust be reviewed and approved.by the Utilities Division prior to commencement of construction. C. tll customers connecting to the water distribution and sewage collection facilities viii be customers of the County and will be billed by the County In accordance with a rate structure and service agreement approved by the County. Review of the proposed rakes and subsequent approval by the Board of County Commissioners must be completed prior to activation of the water and sever facilities servicing the pro, act. Rate reviews must be in full c~pliance with County Ordinances ~o. 76-71 and 83-18 as amended, revised or superseded. D. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this pro~sct. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastevater at the time development commences, the Developer, at his expense, viii install and operate interim water supply and on-site treatment facilities and/or interim on-lite sewage treatment and disposal facilities adequate to meat all requirements of the appropriate regulatory agencies. Eo A~Agreement shall be entered into between County and the owner, legally acceptable to the County, stating that= 1. ~he proposed water supply and on-site treatment facilities and/or on-site vastevater treatment and disposal facilities, if required, are to be constructed as parc of the proposed pro, act and must be regarded as interlm~ they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the owner, his assigns, or successors until such time as the County's Central Water Facilities and/or Central Sever Facilities are available to service the pro, act. Prior to placing the water treatment, supply and distribution and/or sewage collection, transmission and treatment facilities into service the developer shall submit, to the County (Utility Rate Regulating Board) for their review and approval, a schedule of the rates to be charged for providing processed water and/or sewage treatment to the pro, act area. 2. Upon connection to the Countyts Central ~ater Facilities, and/or Central S~er Faoilitiss, the o~ner, his assiqns or successors shall abandon, dismantle and remove fro~ the sits the interim water and/or sewaqe treatment factlit~ and discontinue uae of the water supply source, if applicable, in a manner consistent with State of Florida Standards. All work related with this activity shall be performed at no cost to the County. 3, Connection to the County's Central Water and/or Sewer Facilities will be made by the owners, · their assigns or successors at no cost to the County within 90 days after such facilities become available. 4. All construction plans and technical specifications related to connections to the County's Central Water and/or Sewer Facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction'. 5. Se owners, their assigns or successors shall agree to pay all applicable system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the t~me of Permit request. This requirement aha11 be made k~no~ to all prospective buyers of properties for which building permits will be required prior to the start of building construction. 6. Se County at its option may lease for operation and maintenance the water distribution and/or sewage collection and transmission system to the project owner or his assigns for the sum of $10.00 per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. F. Data required under County Ordinance No. 80-112 showing the availability of sewage service, must ~ submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. If an interim on-site water supply, treatment and transmission facility ie utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved b~ th appropriate Fire Control Dlstric~ servicing the project area. ~.2092 I, J~S C. GILES, Clerk of Courts In and for the here~ certify that the foregoing lea tme co~ Ordln~c~ ~o. ~lch ~ adopted ~ the Board of Cowry Co~t~.toner~ on ~SS ~ h~d ~d the official seal of the Board of Co~W Co~ls~loner~ o~ Collle~ Cowry, Florida, this 8th C~erk of Courts ~d .g?~ Ix-officio to Board o~ .., ,' ../.. B~: ~Maureen ~nyon '/~',..'.." ..'.;' ¢ ,~' ~;. ( Be~t~ Clerk ' .' ~'~.~,~..~ ~.'* - '