Ordinance 79-065ORDINANCE 79 - 6S
AN ORDINANCE A~ENDING ORDINANCE 76-30,
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREAS OF THE COASTAL
AREA PLANNING DISTRICT BY AMENDING THE ZON-
ING ATLAS MAP NUMBER 48-2~-3 BY CHANGING
THE ZONING CLASSIFICATION OF THE FOLLOWING
DESCRIBED PROPERTY FROM "GRC" GENERAL
RETAIL COMMERCIAL, "M~RP-ST" MOBILE HOME
RENTAL PARK SPECIAL TREATMENT, AND
RESIDENTIAL MULTI-FAMILY TO "PUD" PLANNED
UNIT DEVELOPMENT: A PARCEL OF LAND IN
THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP
48 SOUTH, RANGE' 25 EAST AND BY PROVIDING
AND EFFECTIVE DATE.
WHEREAS, Mr. Kunwar Jain, Bruns & Bruns, Inc., representing
Mr. Henry Minister, has petitioned the Board of County Commis-
sioners to change the Zoning Classification of the herein des-
cribed 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 Com~rcial,
"MHRP" Mobile Home Rental Park, and "P/4-2" Residential Multi-
Family to "PUD" Planned Unit Development and is subject to all
the conditions as required herein and the Zoning Atlas Map
Number 48-25-3 as described in Ordinance 76-30 is hereby amended
accordingly=
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A-~..2g, 1979
P.o~'TARED Ff
~tUNS AND ~/NS, INC., ENO~{EERS,
PLANNERS & SURVEIORS
5il-A, 3rd Street South, Naples
Phone, 261-596~
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PADE
STAT~f~T OF COMPLIANCE
PROPERTY OWNERSHIP AND ~ESCP~IPTION
DEVELOPmeNT REGUI2%TIONS
LOCATION MAP
~D ~STE~P~NEIKI~T
FTAT~T OF COMPLIANCE
The partial development of 2~.01 acres of property in Sectioa 5 of
Townahip ~8 South, Range 2~ East in Collier County, Florida, as a
Planned Unit Development (PUD) will omply with the planning and
development objectives of Coll4:er County. These objectives, as set
forth in the comprehensive plan, were adopted by the Board of County
C~!esioners on October 1~,, 197~.. The following con~iderat~ons or
factors are compatible ~ith the coun~yts planning and development
objectives,
1. The proposed zoning will upgrade the lamd use from GRC,~P-~T and
RM-2 with provisional use to a residential PUD.
2. The proposed development meets the county's points system criteria,
ia adequately served by u~ty services and existing community
facilities. It ia compatible with the growth pattern of similar
ar~m~ ·
3. All applicable County regulations and other Count7 and State laws
for property development will be complied with.
A major arterial roadway (Bonita Beach Road-~.R. 865) abuts northern
property line of this development.
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PROPERTY OWNERSHIP & DESCRIPTION
That certain parcel of l_~__-d in the NW 1/4 of Section 5, Township 48 South,
Range 25 East, Collier County, Florida, more particularly described aa
follows:
Begi~ at the point of intersection of the West line of said Section
5 with the South right-of.~my line of State Road S-865, run South along
said West _11ne of Section 5 to a point 500 feet South of the Northwest
corner of said Section % and a point on the bulkhead line approved by the
Trustees of the Internal Improvement Fund of the State of Florida on August
4, 1959. thence run along said bulkhead line North 89 degrees ~6 minutes
East parallel with and 500feet South of the North line of said Section 5
for 600 feet, thence South parallel with and 600 feet East of West lane of
said Section 5 to the South line of the NW.' 1/4 of the NW 1/4 of said
Section, thence North 89 degrees 39 m!~ates East along said South line to
an intersection with a Southwesterly prolongation of a tangent of the
NortherlY boundary of Unit No.1, Little Hickory Shores, as recorded.in
P at 3 Page 6 th. Recor os Florida,
thence North 59 degrees 27 minutes East along said prolongation of said
boundary and the Northerly line of a waterway to the East line of said
NW 1/4 of the iW 1/4, thence continue along said boundary North 59 degrees
27 minutes East for 200 feet an&North 30 degrees 33 minutes West for 346.~
feet to a po!~t on the East lt~e of the }~ 1/4 of the N~ 1/4, thence North
0 degrees 33 minutes West along said East line to a point on said South
right-of-way line of State Road No. 3-865, thence Run West along the said
right-of-way line t~ the point of begizud~, Less and excepting the
followin~: Beginning at the intersection of the West line of Section 5,
Township 48 South, Range 25 East, Collier County, Florida, with the South
line o£ Bonita Beach Road, State Road S-865, run North 89 degrees O? minutes
and ~0 seconds East 3~5 feet along the said ~outh line of Bonita Beach Road;
thence South 0 degrees 5Z nitrates and 30 seconds Eas~ 370 feet; thence
South 86 degrees 07 ~nutes and 30 seconds West 225 feet; thence North
67 degrees 52 minutes Wes~ 132.52 feet to the said Wes~ line of Section 5~
thence North 0 degrees 35 ~!nutes West 330 fee~ to the point of beginning.
SubJ~t %o Bonita Beach Road right-of-way, reservations, restrictions and
easements of record, containing 2~ acres more or less.
Title To Pro erty
Title to the propert~ is currently held %V Mr. Henry Minster, Trustee,
Care of Chris Bundschu, P.O.BOx 7236, F~. Myers, Florida 33901
_Physical Description
Average elevation on the proposed devalopaent site is 3.2 ft. abeve M.$.L.
The site was previously used for trawl-trailer parking. There are scattered
Australian Pine trees on the site. Approximately 5 acres of land is covered
with mangroves.
~Le~al,,,Description of ST Overlay
Total area excep~ the following~ Beginning at the point of intersection of
the West line of Section 5, Township ~8 South, Range 25 East with the South
Right of Way line of State Road S-865; thence run East along said South Right
of Way line 390 feet to the point of beginning: continue East along said
.Right of Way line 780 feet: thence run South 59° $7, ll" Wes~ for 83.56' feet;
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thence South ?o Eaa~ for 228 feetl thence South ?$o 30' Wes~ for 222 foetl
thence Xorth 36° Woa~ for 1~0 £eetl thence Xorth 8?° 34' $8~ Wes~ for
43?.?2 £eetl thence ~orth 00° 52' 30" Wes~ £or 177 fee~ to the poin~ o£
beginning, containing 20 acres more or less.
3A
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DEVELOI~G~ RE~W.~ATIONS
Purpose The purpose of this section is to set up and describe the
regulations governing development on this Planned Unit
Development (I~D).
Per~.t.ted. Uses and Structures~ No ~lding 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 PrinCi.Dal Uses & Structures.
1. M~lti-family dwellings.
. Hotels, motels, apartment hotels.
B. Permitted Accesso.r~ Uses & Structures,
. Oust_~__-ry accessory uses and structures.
2. Noncomaercial boat'-launching facilities and multiple
docking facilities. Site plan to be reviewed by FAC &
'3. Recreational clubs intended to serve the surrounding
residential area.
~. ~hops, personal service establishments, eating or drinking
establishments, dancing and staged entertainment facilities,
meeting rocem and auditoriums, which such uses are integral
part of an apartment hotel, hotel or motel subject to the
provisions of Sections 8.12 and t8 of Ordinance ?6-30.
Private boat houses and docks, with or without boat hoists.
on watsrwa~ or canal lots, not protuding more than 5 fe6t
into the canal or waterway, unless such canal or waterway
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has a width of 100 feet or more, then the dock may protude twenty (20)
feet into such canal or waterway of such additional length as may be .
Justified to the Director based on water dcpth, currents, unusal land
contour or configuration or some other natural condition. No boat or
boat house may be used as a residence.
Ail docks, regardless of length shall have reflectors four (4") inches
minimum size installed at the outermost end, on both sides. ·
¸4+ '
¢. Permitted Pro.visions. 1 Uses,..ana Structures,'
The following uses may be permitted subject to site and
development plan approval~
1. Churches and other places of worship.
2. Marinas.
3. Fraternal and social clubs, subject to the provisions of
.~ection 8.12
more than 109 units .~hall be constxn:cted on the property.
4. Minimum Lot Area:
Not Applicable.
· 5. Minimum Lot. Width=
Not Applicabl~.
6. Hlnfmum Yard Requirements,=
A. Depth of front yard- Thirty (30) feet plus one (1) foot
for each two (2) feet o£ building height over fort~-five
(~5) feet.
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B. Depth of side 7ard- Fifteen (15) feet plus one (1) ~'oot for each two (2)
feet o£ building height over forty-£ive (45) £eet.
C. Depth of rear yard- Twenty-£~ve (25) feet plus o~e (1) foot for each
two (2) f.et of building height over forty-five (45) feet.
D. Minimum seperation between principal structures- Between an~ two (2)
principal buildings on the same parcelt there shall be provided a
distance equal to one-half (1/2) of the sum of their heights.
E. Depth of rear yard from water line- Ten (10) feet.
· ?. Minimum Floor Area far Each Dwelling Unitt
A. Residential dwelling units and transient dwel14ng units with cooking
facilities- Five hundred (500) square feet.
B. Transient dwelling units without cocking facilities- Three hundred(300) Feet.
8. Maximum Height:
Six living stories (ground floor parking may be allowed under 'the
first living story). In order to comply with minimum flood elevation
requirements, the maximum height of a struct~e shall be measured from
the minimum base flood elevation required by the Flood Elevation
Ordinanc ·.
9. Minimum Off-Street Parking and Off Street, Loading Requirements:.
As required by the Zoning Ordinance in effect at the time of application
for a building permit.
10. ~nimum Landsc. a.~.i, ng Requirements ~
As required by the Zoning Ordinance in effect at the time of application
for a building permit.
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11..L.,imit,,atiom on
As required by the Zoning Ordinance in effect at time of
application for a building permit.
12..Water
Potable water supply will comply with all applicable local
and State regulations.
13. %Cater Managemen%~
Ail the applicable requirements of the Coun~.y and the South
Florida Water Management District will, be complie~ with. The
design of water management system wLll be reviewed and appravmi
by the EAC, ~4A~, and South Florida Water Management District
prior to commencement of the development.
15. Sanitary Sewage System:
In design and provision of sanitary sewer system, all applicable
Local and State requirements shall be c~mplied with.
15. Preservation of
Ail lands designated as ST shall be preserved in their natural
state, and a transfer of development rights contract shall be
filed in the office cf the Clerk of the Circuit Court. A total
of 9 dwelling units have been transferre~ to the developable
area with no future transfers allowable.
16. Circulation:
There will be a single point of access from Bonita Beach
Road to',aub~ect property with necessary lef~ turn storage
lanes and deceleration lanes as recommended by the County
Engineering Department.
17. Buffer.Areas:
There shall be a buffer area of fifty (50') between Benita
Beach Road and the olooes$, pr~no~pa~ structure,
Rocreat~on_z
There shall bo ~ ~n~n of one-hal~' (1/2) aore of ne~ghorhood
recreat£on faculties,
8
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SECTION TWO=
Thia Ordinance shall become effective upon receipt of notice
that it has been filed with the Secretary of State.
DATE: .. September 11, 1979
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY~ FLORIDA
Chairman
COUNTY OF COLLIER
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
true or~gin~l of,
ORDI~ANCENO. 79-65
which was adopted by the Board of County Commissioners during Regular Session
September 11, 1979.
WITNESS my hand and the official'seal of the Board of County Co~m~ssioners
of Collier County, Florida, this 11th day of September, 1979.
WILLIAM J. REAGAN
· .~ ..., ,,'~,..' >. '~,
County Co~lls~oners .~ .'. :,-~);,~.~,'~ :.'~' ~
Deputy Clerk
This ordinance filed with the Secretary of State's Office the
17th day of September, 1979 and acknowledgement of that
filing received thJ~gth day of September, 1979.
Dej~ty Clerk ~
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