Ordinance 84-71OBDXNANCE 84- 71
~HEIEAS, Hichael Htceli, petitioned the Board of County
Coumiestoners to change the Zoning Classification of tho herein
described real propert7l
NC~, THK~EFORE BE IT O~AI~ by the Board of
C~laoiouero of Collier 2oun~y, Floridaz
~e Zoning Claouificac~on of ~he herein described real property
located in Section 29, T~ohip $0 South, Range 26 Eao~, Collier
C~nty, Florido lo changed fr~ A-2 and C-~ to 'P~" Planned
~velo~en~ in accordance vlth tho F~ dec.eat atCoched here~o
~lbit ~A' which is lnco~orated herein and by reference ~de par~
hereof. ~e Official Zoning Atlas Hap ~ber, H~ber 50-26-9,
deocrib~ In Ordi~nco 82-2, is hereby ne~od accordinsly.
ill
ChaC il has been filed v~th the SecreCaT7 of Scare.
DATEr October 2, 1984
BOARD OF COUNTY CONH~SS~ONERS
COLLIER COUNTT, FLORT~A
I.-8&-28C PUD Ordinance
STATE OF FLORXDA )
COUNTY OF COLLIER )
1, gILLI/~4 J, R~C~I, Clerk of Courts in and for the ~entieth
J~lcial Circuit, Collier C(~nty, ~Iorida, do hereby certify that the
foregoing ii a true original
OF(DINAHCE NO, 8&-71
vhich was adopted by the Board of County Co~missionera durinB Regular
Session the 2nd day of October, 198~.
b'ITI~SS my hand and the official seal of the Board of County Como
missioners of Collier County, Florida, this 8th day of October, 198&.
PLANNED UNIT DEVELOPMENT DOCUHENT
FOR
HICHAEL J. HICELI~ TRUSTEE
PREPARED BYt
WAFAA F. ASSAAD, A.I.C.P.
AGNOLI, ASSAAD, BARBER, BRUNDAGE & SHANNON, INC.
ENGINEERS, PLANNERS & LAND SURVEYORS
7400 Tamtami Trail North
Nap~ea, Florida 33963
Date laaued~ September 20~ 1984
BECTION I
SECTION II
SECTION III
SECTION IV
INDEX & LIST Or EXHIBITS
GENERAL DEVELOPHENT INFORHATION
NULTI-FAHIL¥ RESIDENTIAL/TRACT
CONMERCIAL/TRACT 'B"
DEVELOPMENT COMMITMENTS
pAGE
1-1
2-1
3-1
4-1
EXHIBIT
PRELIMINARY P.U.D. MASTER PLAN
(PreD&red by Agnoli, Aasaad, Barber, Brundage
& Shannon, Inc., File No. 223)
SECTION 1 ,
GENERAL DEVELOPMENT INFORMATION
1.01 INTRODUCTION AND PURPOSE
It il the intent of Michael O. I~tceli, Trustee! hereinaft®c
c&llad "&pplicant" or "developer"! to eltabllsh and develop
& Planned Unit Development (PUD) on certain properties
located in Collier County, Florida.
1.02 8~ORT TITLE
This Ordinance/PUD development shall be known and cited al
The Miceli PUD.
1003 UNIFIED CONTROL
Subject property ie currently under the unified control of
the Applicant/Developer.
1.04 STATEMENT OF COMPLIANCE
This PUD ia consistent with the Comprehensive Plan and other
applicable development regulations in Collier County.
1.05 GENERAL DESCRIPTION
Subject property is approximately 8.? acres and is located
on the East Tamiami Trail (U.S. 41). It is the lnter, t of
the Developer to provide a moderately priced residential
development to be either rented or rented with the option to
purchase, and also to provide a commercial complex &e shown
on the Master Plan.
A home owner's association shall be created to provide~
among other things, for the ownership and the maintenance of
the co,u~on elements.
1-1
1.06 PERMITTED NUMBER OF D~ELLING UNITS
The maximum number of dwelling unite to be built on Tract
=A= of this project is sixty (60).
LEGAL DESCRIPTION
A tract or parcel of land lying in the North hale (N 1/2) sE
Section 29, Township 50 South, Range 26 East, which tract or
parcel is described as follower
From the northeasterly corner of Block "D" of b.~It No. I,
Nyrtle Cove Acres, according to a plat thereof recorded in
Plak Book 3, at page 38~ Public Records of Collier County,
Florida! run North 39*-04* Hast for 247.15 feet along a line
150 feet, measured on a perpendtcular~ 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 $0*-55' Heat for 300 feet
along a line parallel to the northerly line of Lot 9 of said
Block "D" of Unit No. l, Hyrtle 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 'G' of said Unit No. 1, Nyrtle
Cove Acres! thence run North 89*-35" Heat for 961.97 feet
along the south line of said North half of Section 29 and
the north line of said Unit No.l, Nyrtle Cove Acres to a
point 30 feet from the southwest corner of said North half
of Section 29t thence run northerly along a line 30 feet
from and parallel to the west line of said North half of
Bection 29 for 308.99 feetl thence run South 89'-35* East
for 694,76 ~eet on a line parallel to the south line of said
North half of Section 29 and the north line of said Unit No.
1, Myrtle Cove Acres! thence run North. S0*-56t East for 300
feet along a line parallel to the northerly line of Ix)t 9 of
Block "D" of said Unit No. 1, Myrtle Cove Acres, to an
intersection with a line 150 feet, measured on a
perpendicular, from and parallel to the center line of the
Tamiami Trail (State Road No. 90)~ thence run South 39'-04'
East along said parallel line for 400 feet to the point of
beginring.
1-2
%'.
S~CT~ON II
MULTI-FAMILY RESIDENTIAL/TRACT
2.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on the Master Plan, as Multi-Family
lt~aidential/Tract "A".
2.02 MAXIMUM D~ELLING UNITS
A maximum of sixty (60) dwelling units may be constructed in
all of the Multi-Family Residential/Tract "A".
2,03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part,
for other than the followings
Permitted Principal Uses and Structurea~
1. Multi-family dwellings (conventional or modular).
2. Interim treatment plant~ existing nursery.
Lakes and water management facilities.
B. Permitted Accessory, Uses and Structures~
1. Customary accessory uses and a~ructures.
Signs as permitted by the collier County Zoning
Ordinance in effect st the time permits are
requested.
3. Model homes/apartments shall be permitted in
conjunction with the promotion of the development,
Such ~xJel homes shall be permitted for a period of
one (1) year from the initial use as a model. The
Adminlatr&tor may authorlse the extension of such
use upon written request and Justification.
2~04
PROPERTY DEVEI. OPMENT REGULATIONS
2.04.01 GENERALt
Ail yards, setbacks, sic, shall be applied in
relation to the tract boundaries.
2.04.02 MINIMUM SETBACKSI
From tract boundariesl one half o( principal
building height with a minimum distance o~ twenty
five (25) feet.
Distance between any two principal structuress
fifteen (15) feet or a distance equal to one half
(1/2) the sum of their heights, whichever is
greater.
2.04.03 MAXIMUM BUILDING HEIGHTI
Two (2) habitable/living stories above parking.
2.04.04 MINIMUM FLOOR AREAs
650 Square Feet.
2.04.05 SIGNS AND MINIMUM OFF-STREET PARKINGs
As may be permitted or required by the applicable
Collier County Zoning Ordinance tn effect at the
time a permiL ts requested.
2-2
COMMERCIAL~TRACT ~B"
3.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on the Master Plan as
Comercisl/Tract "B".
3.02 PERHIT~ED USES AND STRUCTURES
NO building or structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part,
for other than the following:
A. Permitted Principal Uses and Structures:
1. Antique shops, appliance stores: art studios; art
supply shops: automobile parts stores: awning shops,
Bakery shopl; banks and financial institutions:
barber and beauty shops; hath supply Itores: bicycle
sales end services: blueprint shope; bookbinders:
book stores! business machine services.
Carpet and floor covering sales - which may include
storage and installation: clothing stores: cocktail
lounges: commercial recreation uses - indoor:
confectionery and candy stores.
4. Delicatessens: drug stores: dry cleaning shops: dry
goods stores: and drapery shops.
5. Electrical supply stores; existing nursery.
6. Fish market - retail only: florist shops: food
markets: fraternal and social clubs: furniture
stores,
3-1
?o Garden supply stores - outside display in side and
rear yardsl gi~t shopsj glass and mirror sales~
gourmet shops,
8. Hardware storesl health food stores.
9. Ics cream storesl and interior decorating show
rooms.
10. Jewelry storms.
11. Laundries - self service only! leather goods~ liquor
stores! locksmiths.
12. Markets - food= markets - meat~ medical offices and
clinica~ millinery shops~ music stores.
13. Office - general! office supply stores.
14. Paint and wallpaper stores~ pet shops, pet supply
shops~ photographic equipment stores~ pottery
storesz printing3 publishing and mime~raph service
shops! private clubs! professional offices.
15. Radio and television sales and servtces~ research
smd design labsl restaurants - including drive-in or
fast food restaurants.
16,
17o
Shoe repairl shoe stores~ souvenir stores~
stationary stores.
Tailor shops~ tile sales - ceramic tile~ tobacco
shops~ toy shops) tropical fi n~ stores.
18. Upholstery shops.
19. Variety shops~ veterinarian offices and clinics - no
outside kennels.
3-2
3.03
lib
21.
Natch and precision inatrumen~ r.epair shops; waste
water treatment facilities.
22,
Any other usa which is comparable in nature with the
foregoing usaa and which the Zoning Director
determines to ba compatible in the district.
Permitted Princl{)al Uses and Structures
1. Child care centers.
2. Permitted uses with less than 1,000 square feet
gross floor area in the principal structure.
C. Permitted Accessory. Uses and Structures
I. Accessory uses and structures customarily associated
with the usee permitted in this district.
2. Caretaker's residence.
Signs as permitted by the Collier County Zoning
Ordinance in effect at the time permits are
requested.
PROPERTY DEV£LOPMENT R£GULATIONS
3.03.01 G£N£RAL!
All yards, setbacks, etc., shall be in relation to
the tract boundaries.
3-3
3.03.02 MINIMUM SETBACK, 1
From tract boundaries, one-half fl/2) of principal
building height with a minimum of t
Front (U.8, 41)
25 Feet
Side
None, or a minimum of
five ($) feet with
unobstructed passage
from front to rear
yard.
Rear 2S Feet
Distance between any two principal atructuresl Ten
fl0) feet.
3.03.03 MINIMUM FLOOR AREA OR PRINCIPAL $TRUCTUREI
One thousand (I,000) square feet per building on
ground floor.
3.03.04 MAXIMUM HEIGHT OF STRUCTURESI
Fifty (50) feet.
3.03.05 SIGNS AND MINIMUM OFF-STREET PARKINGI
As may be permitted or required by the applicable
Collier County Zoning Ordinanre in effect at the
time a permit is requested.
3.03.06 SPECIAL PROPERTY DEVELOPMENT REGULATIONS~
Landscaping, buffer areas and supplementary
district zoning regulations that may be
applicable to certain uses above shall be
adhered to unless in conflict with any of the
intent or the provisions specified herein.
Merchandise storage and display. Unless
specifically permitted for a given use, outside
storage or display of merchandise is
prohibited.
,:
3-4
SECTION IV
DEVELOPMENT COMMITMENTS
4.01 ~URPOSE
1'he purpose of this Section is to set forth the general
Itandards & commitments for development of the project,
4.02 ^C~ESS/?~Ar~ZC
Subject to rDO? approval, the developer shall provide
left and right turn lanes on US-41 at the project
'4,03
The developer shall provide arterial level street
lighting at the project entrance. The operating and
maintenance costs of the units shall be assumed by
Collier County at such time as a street light system is
established along this section of US-41.
C. Primary access shall be from U.S. 41.
D. Internal road systems are intended to be private,
A bike path shall be provided along US-41 along the
front of the property.
P, A bike path shall be provided :rom the ~estern end of
the residential trdct to US-4I.
G. ACCESS through Lots 1 & 2 of Block G of Myrtle Cove
Acres subdivision to the south is prohibited,
DEVELOPNENT PLAN
The proposed Master Plan iljustrates the tentative
development~ uses and locations of certain facilities.
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.
4-1
4.04
4,05
4.06
Minor design changes, such as but not limited to,
locations of buildings, distribution of dwelling unitl,
building types, etc., shall be permitted subject to the
staff approval.
The miss o! the comm*rcial facilities may be increased
over that shown on the Master Plan provided that other
applicable development regulations, such as parking,
setbacks, arc., are met.
KZRE PREVENTZON
The development shall comply with applicable codes and
regulations.
ENVIRONMENTAL CONSIDERATIONS
Native species shall be utilized, where available, to
the maximum extent possible in the site landscaping
design. A landscaping plan will be lubmitted to the
County Environmentalist for his review and approval,
mis plan will depict the incorporation of native
species and their mix with other species, If any. The
goal of site landscaping shall be th~ recreation of
native vegetation and habitat characteristics lost on
the site during construction or due to past activities
as much as practically and economically feasible.
All exotic plants, as defined to the County Code, shall
be removed during each phase o~ constuctton from
development areas and open space areas. Following site
development a maintenance program shall be implemented
to prevent reinvaalon of the site'by such exotic
species. This plan, which will describe control
techniques and inspection intervals, shall be filed with
an approved by the County Environmentalist office.
Detailed site drainage plans shall be submitted to the
County Engineer for review. No construction permits
shall be issued unless and until approval of the
proposed construction in accordance with the submitted
plans is granted by the County Engineer.
.,/
4-2
4.07
An Excavation Per, it will be require~ for the proposed
lakes in accordance with Collier County Ordinance Ko.
80-25, as amended by Ordinance 83-3.
Ce
The developer shall provide a 50 foot wide drainage
easement to encompass the relocated outfall swale along
the north and west boundaries of the project.
The developer shall provide a 50 foot wide drainage
easement to encompass the relocated outfall swale at the
northwest corner of Lot 1, Hyrtle Cove Acres.
The developer shall provide a l0 ~oot wide minimum
drainage easement along the entir~ south property line
bordering Myrtle Cove Acres.
The developer shall clean out the existing ditch along
the project southerly boundary line.
UTILITIES
Central water distribution and sewage collection and
transmission system~ 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 utility purposes or ~ithtn 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 9egulations in effect at the time
dedication is requested, prior to being placed into
service.
All construction plans and technical specifications and
proposed plats, if applicable, for the proposed water
distribution and sewage collection and transmission
facilities must be reviewed and approved by the
Utilities Division prior to commencement of
construction.
4-]
,o. 10l
Ce
All customers connecting to the water distribution and
sewage collection facilities will 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 rates and subsequent
approval by the Board of County Commissioners must be
completed prior to activation of the water and sewer
facilities mervicing the project. Rate reviews must be
in full compliance with County Ordinancem No. 76-?! and
83-18 as amended, revised or superseded.
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 project. Should the County system not
be in a position to supply potable water to the project
and/or receive the project's wastewater at the time
development commences, the developer, at his expense,
will install and operate interim water supply and
on-lite treatment facilities and/or interim on-site
sewage treatment and disposal (acilities adequate to
meet all requirements o( the appropriate regulatory
agencies.
An agreement shall be entered into between the County
and the owner, legally acceptable to the County, stating
that:
The proposed water supply and on-site treatment
[acilities and/or on-sit~, wsstewater treatment and
disposal facilities, if required, are to be
constructed as part of the proposed project and must
be regarded as interim~ 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 Sewer Facilities are
available to service the project. 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 project area.
4-4
Upon connection to the County's Central Nater
Facilities, and/or Central Sewer Facilities, the
owner, his assigns or successors shall abandon.
dismantle and remove from the site the interim water
and/or sewage treatment facility and discontinue use
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.
Connection to the County's Central Nater and/or
Sewage 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.
All construction plans and technical specifications
related to connections to the County'~ Central Nater
and/or Sewer Facilities will be submitted to the
Utilities Division for review and approval prior to
commencement of construction.
The 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 time of Permit request.
This requirement shall be made known to all
prospective buyers of properties for which building
permits will bc required prior to the start of
building construction.
The 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,
4-5
,oo,,
4.08
4.09
Data required under County Ordinance No. 80-112 showing
the availability of sewage service, must be submitted
and approved by the Utilities Division prior to approval
of the conltruction documents for the project. Submit a
copy of the approved DER permits for the sewage
collection and transmission systems and the wastewatec
treatment facility to'be utilized, upon receipt thereof.
If an interim on-site water supply, treatment and
transmission facility is 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 by the appropriate Fire
Control District servicing the project area.
EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS
The following requirements shall be waivedz
Article XI, Section 10z Where such monuments occur
within street pavement areas, they shall be installed in
a typical water valve cover, as prescribed in the
current County Standards.
b. Article XI, Section l?H: Such streets shall not exceed
one thousand (1,000) feet in length.
c. Article XI, Section l?J~ Requiring curved streets to
have a minimum tangent of 100 feet at intersections.
dj
Article X, Section 24~ Requiring utility casing be
installed at intersections. This exception is granted
provided that the installation of ~ubsurface
construction~ such as water lines, sewer lines and
public uttlitiesx is completed prior to compaction of
the subgrade and roadway construction.
AFFORDABLE HOUSING PROVZSION
The developer cody, its to complying with the language
implementing the affordable housing section of the
comprehensive p[an when it ts adopted by the Board of County
Commissioners.
4-6
Z, Vafaa Asaaad. aa ovner or authorised a[ent for Petition R-84-28C,
AA3B & g. ~epreaentinB Hlchael Niceli, agree to the relieving stipu-
lations requestod by the Coastal Area Planning Cmmiselon in their public
hear~n8 ou gepteuber 20, 1984
A. Aaeudaent of the F0D document per staff report dated Sapteuher 13,
1984.
SEAL
~.40TAF, Y PURLIC ST'.T[ 0.'- FI.C):~IDA
.L~D THRU G/~,I~ILAL
A~reeuenc Sheet