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Ordinance 81-23 ORDINANCE ~1 - 23 AN ORDINANCe. AMENDING ORDINANCE 76-30 COMPREHENSIVE ZONING REGULATIONS FOR ~{~ UNINCORPORATED AREA OF THE COASTAL AR~% PLANNING DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-9 BY CHANGING THE ZONING CLASSIFICATION FROM "GRC" GENERAL RETAIL COMMERCIAL TO "PUD" PLANNED UNIT DEVELOPMENT ON THE FOLLOWING DESCRIBED PROPERTY: LOTS 23-26, BLOCK "A", MYRTLE COVE ACRES, UNIT NO. 1; AND BY PROVIDING AN EFFECTIVE DATE WHEREAS, Wilson, Miller, Barton, Soil & Peek, Inc., repre- senting Mr. Craig Meffert, has 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 is changed'from "GRC" General Retail Commercial to "PUD" Planned Unit Development and is subject to all the conditionm as required herein and the Zoning Atlas Map Number 50-26-9 as described in Ordinance 76-30 is hereby amended accordingly~ PLANNED UNIT DEVELOPMENT FOR MYRTLE WOODS BY C~AIG MEFFERT DOCUMENT PREPARED BY: WILSON, MILLER, BARTON, SOLL & PEEKw INC. : (WAFAA F. ASSAAD, A.I.C.P.) ~: DATE ISSUED] ~e~. 18,1981.: DATE APPROVED BY CAPC~ · DATE APPROVED.BY BCC: ~-~-81 INDEX SECTION I STATEMENT OF COMPLIANCE SECTION II PROPERTY OWNERSHIP & DESCRIPTION SECTION III TRACT "A" - DEVELOPMENT REG'ULATIONS SECTION IV TRACT "B" - DEVELOPMENT REGULATIONS SECTION V DEVELOPMENT COMMITMENTS PAGE 2 '3-6 7-8 9 STATEMENT OF COMPLIANCE The development o~.5.66 acres of property in Section 29, Township 50 South, Range 26 East, Collier County, Florida, as a Planned Unit Development will comply with the planning and development objectives of Collier County. These objectives are set forth in" the Comprehensive Plan~ which includes the Growth Policy and Official Land Use Guide, all of which were adopted by the Board of County Commissioners. The Myrtle Woods Planned Unit Development will meet the'planning and development objectives for the following r~asons~ 1) The proposed Land Use is compatible with the surrounding uses. 2) The project rates the necessary rating points to determine it to have existing community facilities and services for the planned residential and non-residential 6ses and therefore is not leapfrog growth. 3) The project shall comply with the applicable zoning and. subdivision regulations and all other County and State laws dealing with the development of the property. 4) An arterial ~oadway is in existence'along the northeastern boundary of the site. 5) The project will be served by County approved potable water, wastewater treatment and water management systems. SECTION 1 PROPERTY OWNERSHIP & DESCRIPTION LEGAL DESCRIPTION All of Lots 23, 24, 25 & 26, Block "A" Myrtle Cove Acres Unit No. I according to the plat thereof as recorded in Plat Book 3, page 38, Collier County Public Records, Collier County, Florida. TITLE TO PROPERTY Title to the property is currently held by Craig Merrett Partners, 1525 County Road 951, Naples, Florida 33999. SECTION TRACT 'A" - DEVELOPMENT REGULATIONS 2el. 2.2. Purposc~ The purpose of this Section is to set forth the regulations for the development of Tract "A" of this Planned Unit Development. Permitted Uses aq~ Structures. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in wh61e or in part, for other than the following~ Permitted ~riQcipal Uses and Structures~ (1) Antique Sh0pes (2) Appliance Stores (3) Art Studios (4) Art Supply Shops (5) Automobile Parts Stores (6) Automobile Service Stations without repairs* (7) Awning Shops (8) Bait & Tackle Shops (9) Bakery Shops (10) Banks and Financial Ins~ituti~ns (11) Barber and Beauty Shops (12) Bath Supply Stores . (13) Bicycle Sales and Services (14) Blueprint Shops (15) Bookbinders · (16) Book Stores (17) Business Machine Service (18) Carpet and Floor Covering Sales - Which may include storage and installation'. (19) Churches and other places of worship. (20) Clothing Stores (21) CocKtail Lounges* (22) Commercial Recreation Uses - Indoor (23) Commercial SchooLs ~ (24) Confectionery & Candy Stores (25) Delicatessens (26) Department Stores (27) Drug Stores (2~) Dry Cleaning Shops (29) Dry Goods Stores (30) Electrical Supply 'Stores (31) Florist Shops (32) Fraternal and Social Clubs* *In accordance with applicable supplementary district regulation of the zoning ordinance in effect at time of application for buildlDg Fermits. (33) Funeral Homes - May include accessory residence (34) Furniture Stores (35) Furrier Shops (36) Garden Supply Stores - Outside Display in rear (37) General Offices (38) Gift Shops (39) Glass and Mirror Sales - Which may include storage and installation (40) Gourmet Shop (41) Hardware Stores (42) Hat Cleaning & Blocking (43) Health Food Stores (44) Hobby Supply Stores (45) Hospitals' (46) Hotels · (47) Ice Cream Stores (48) Interior decorating Showrooms and Office (49) Jewelry Stores (50) Laboratories - Film, Research and Testing (51) Laundries, Self-Service Only (52) Leather Goods (53) Legitimate Theatres (54) Liquor Stores (55) Locksmith ~ (56) Marinas (57) Markets, Food (58) Markets, Meat (59) Medical Clinics (60) Millenary Shops ' (61) Motels (62) Motion Picture Theatre~ (63) Museums (64) Music Stores (65) New Car Dealerships - Outside display'permitted. (66) News Stores (67) Office Supply Stores (68) Paint and Wallpaper Stores (69) Pet Shops (70) Pet Supply Shops (71) Photographic Equipment Stores (72) Pottery Stores (73) Printing, Publishing and Mimeograph Service (74) Private Clubs (75) Professional Offices (76) Radio and Telev~sion Sales and Services (77) Research and Design Labs (78) Rest Homes and Sanitoriums (79) Restaurants, not in.~luding drive-ins (80) Retail Fish Markets -4- (81) Shoe Repel= (82) Shoe Stores (83) Shopping Centers - less than 25,000 square feet' gross floor area on ground floor (84) Souvenir Stores (85) Stationery Stores (86) Supermarkets (87) Tailor Shops (88) Taxidermists (89) Tile Sales - Ceramic Tile (90) Tobacco Shops (91) Toy Shops (92) Tropical Fish Stores (93) Upholstery Shops (94) Variety Stores (95) Vehicle Rental - Automobiles only (96) Veterinarian Offices and Clinics.- no outside kennels (97) watch and Precision Instrument Repair Shops (98) Drapery Shops (99) Any other commercial use or professional service' which is comparable in nature with the. foregoing uses and which the Director determines to be compatible in the district. PERMITTE~ PRINCIPAL USES AND STRUCTURES SUBJECT TO SITE PLAN REVIEW, (1) Shopping Centers - More than 25,000 square feet gross floor area on ground floor~ (2) Commercial Recreation - Outdoor (3) Drive-In.Theatres (4) Car Wash (5) Residence in conjunction with business (6) Child Care Center (7) Permitted use with less than 1,000 square feet gross floor area in the principal structure.. (8) Equipment Rentals-Including lawn mowers, power saws, etc. (9) Vehicle Rentals (10) Used Car Lots C. PERMITTED ACCESSORY USES AND STRUCTURES: Accessory uses and structures customarily associated with uses permitted in this district. 2.3. Minimum Lot Areat~ None. 2.4. Minimum Lot Width= None 2.5. Minimum Yard Reguirements~ A. Depth of Front.Yard Setback - Fifteen (15)'feet in which no parking space shall be allowed. Depth of Side Yard Setback - None or a minimum of five (5) feet with unobstructed passage from front to rear yard. C. Depth of Rear Yard Setback - Twenty-five (25) feet. 2.6. Minimum Floor Area of Principal Structure: One Thousand (1,'000) ~'~uare fee~ per building On the ground floor. ' 2.7.. Maximum Height: One Hundred (100) feet above the finished grade of the Lot. In order to comply with ~he minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by' the Flood Elevation Ordinance. 2.8. Minimum Off-Street Parking and Off-Street Loading. Requirments: As required by zoning ordinance in effect at time of application for Building permits. 2.9. Minimum Lagdscapin~ Requirments: As required by zoning Ordinance in effect at time of application for building. permit. 2.10. Limitation On Signs: As required by zoning ordinance in effec~ at time of application for building permit. 2.11. Merchandise Storage and Display: Unless specific~lly permitted for a given use, outside storage or display of merchandise is prohibited. -6- SECTION III TRACT "B" - DEVELOPMENT REGULATION 3.2, PURPOSE: The purpose of.this section is to set forth the regulation for the development of Tracts PERMITTED USES & 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 foilowing~ A. ' Permitted Principal Uses and Structures C® (1) Multi-Family Dwellings (2) Water Management facilities and lake(s). Permitted Accessory Uses and Structures (1) Customary accessory uses and structures.' (2) Signs (3) Recreational facilities Permitted Us6s and Structures subject to Site Development Plan Approval. . (1) Single family dwelling(s). MAXIMUM DENSITY: A mawimum of 45 units. MINIMUM YARD REQUIREMENT, A. Depth of front yard - Thirty (30) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. Depth of side yard - Fifteen (15) feet plus one (1) foot for each two (~) feet of building height over thirty (30) feet. Depth of rear yard - Thirty' (30) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. -7- 3.5. 3.6. 3.8. Distance between Struotures] The distance between any two (2) princ~pal structures shall be fifteen (15) feet or a distance equal to one-half (1/2) the sum of their heights, whichever is the greater. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES= A. 750 Square feet per dwelling unit (minimum of 40% of the' total number of units). 575 Square fuet per unit'(maximum of 60% of the total number of units), " MAXIMUM HEIGHT OF STRUCTURES= Three (3) stories above the finished grade of the Lot. In order to c~mply with the minimum flood elevation requirements, the maximum height of a structure Shall be measured from the minimum base flood elevation required by the Flood Elevation Ordinance. MINIMUM OFF-STREET PARKING: As required by the zoning ordinance in effect at time of application for building permit. LIMITATION'ON SIGNS: As permitted by the zoning ordinance in effect at time of application for building permit. 4.]. 4.2. 4.3. SECTION IV DEVELOPMENT COMMITMENTS ACCESS FOR TRACT Access to Tract "B# shall be from U.S~-41 across Tract Commercial (Tracts "A"~ and "B" are identified on Drawing File No. RZ-31 issued by Wilson, Miller, Barton, Soll & Peek~ Inc.) ' WATER SUPPLY8 ~otable water shall be supplied by the extension of the existing Collier County Water System, in front. The design and construction of the potable water distribution system shall comply with all applicable local and state regulations. WATER MANAGEMENT, The Water Management System shall comply with the requirements of the South Florida Water Management District and Collier County. The final water management system design shall be reviewed and approved by the County Engineer, prior to Commencement of Development.. SANITARY SEWAGE TREATMENTs A sanitary sewage system shall be provided to'comply with'all' applicable local.and state requirements. Until such time as an area wide/County system is made available for connection, this development shall be connected to the approved Bruce Mumm/Treetops sewer treatment facility, which is partly and jointly owned by Bruce Mumm and Craig Meffert, and which shall be expanded to accommodate this development. This connection is temporary and connection to a County (District) system shall be made at no cost to the District when such becomes available. The'currently established rates are as follows~ Multi-family Residential $ 11.00 per mont'/per unit Commercial Uses $ 22.00 per month/per toilet fixture Future rate increases shall be fair and. equitable to all parties involved and shall be reviewed and approved by the Board of County Commissioners prior to their implementation. Ra~es shall also be reviewed at periodic intervals to determine their adequacy and fairness. -9- 4.5. T~FFIC CIRCULATION REVIEW: · At the time of development plan approval~ adequate' internal traffic circulation must be provided on the development plan for the review and approval by the County Traffic Planne=o -10- SECTION TWOI This Ordinance shall become effective upon receipt of notice that it has been filed with the ~ecretary of State. DATE~ May 5. 1981 "'STATE OF FLORIDA ) COUNTY OF COLLIER ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I, WILLIAM J. REAGAN, Clerk of Courts in and for th~ Twentieth Judicial Circuit, Collier County, Florida, do hereby certify.that the foregoing is a true original of: ORDINANCE NO. 81-23 which was adopted by the Board of County Commissioners during Regular Session May 5, 1981. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day May, 1981. WILLIAM J. REAGAN Clerk of Courts and Clerk . Ex officio to ~oard,o~,,ll~,',.",., . County Comm:L~sioneS~Fi .... ...:....r,j, ..,, . '~//~.' _ · _..s,-~'~.?_i.;g :: ',','~.' By ~.-~-6.e~. -//~.'/Z.~m-_~-~f,~, ,. -. ': Deputy Clerk ~.,' ~'~., ' ,.~.-' . ..... the 14th day of May, 1981 and acknowledgement of that filing received this 18th day of May, 1981. ' Deputy Clerk t ~