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Ordinance 78-42ORDINANCE 78 - 42 AN ORDINANCE AMENDING ORDINANCE 76-30, T~E ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF'THE COASTAL AREA PLANNING DISTRICT OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-32 BY REZONING THE FOLLOWING DESCRIBED PROPERTY FROM."~ AGRICULTURE TO "pUD# PLANNED UNIT DEVELOPMENT~ A PARCEL OF LAND BEING A PART OF THE N 1/2 OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LOCATED BETWEEN MYRTLE COVE AND TRAIL ACRES AT THE END OF THE SECOND STREET, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Tallie Ellis 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 hereinafter, described real property is changed from "A" Agricultural to "PUD" Planned Unit Development and the Zoning Atlas Map No. 50-26-32 as described in Ordinance 76-30 is hereby amended accordingly; Beginning at th~ North 1/4 of Section 32, Township 50 South, Range 26 East, Collier County, Florida; thence along the North line of said Section 32 and along the south line of Block A of Myrtle Cove Acres Unit No. 1 accordingly to the plat thereof as recorded in Plat Book 3, Page 38, Collier County Public Records, Collier County, Florida, South 89°35'57" East 83.24 feet~' 'thence continue SOuth 39°04'00" ~ast 253.76 feet~ thence along the Northwest line of Trail Acres according to the plat thereof as recorded in Plat Book 3, Page 50, Collier County Public Records, South 59"56'00" West 577.11 feet; thence North 39"04'00" West 350 feet; thence North 0"17'08 East 800.44 feet to the Place of Beginning; being a part of the North 1/2 of Section 32, Township 50 008 15,.'3 South' Range 26 East, Collier county,. Florida~ subject to easements and restrictions o£ record~ containing 9.66 acres more or less. This. property is located between Myrtle Cove Acres and Trail Acreas .at the end of the second street. PLANNED UNIT DEVELOPt4ENT DOCU.'".:NT FOR A BUSINESS AND PROFESS. IONAL OFFICE COMPLE~C BY TALLIED. ELLIS JUNE 23, 1~78 .~oo~ 008 INDEX PAGE STATEMENT OF COMPLIANCE .......... * ..... PROPERT~'OI*/RERSHIP & DESCRIPTION. . ......... 'DEVELOPMENT REGULATIONS ............... LOCATION HAP ..................... l[~O~l~§ gX~lllT, , , , , , , , , , , , , , , , ' ' 008 STATEHENT OF COHPLIANCE The development of 9.6$.acres of property In Section 32, Tovmshlp 50 South, Range 26 East., ~olller County, Florida,' as a Planned Unit Development will comply with the planning an] development objectives of Collier County. These objectives are set forth in the Comprehen- sive Plan, va%Ich Includes the Growth Policy and Official Land Use Guide, ali of which were adopted by the Board of County Commission- ers on October 14, 1~74. The Tallle D. Ellis Planned Unlt Develop- ment ~ll! meet the plannlng and development o~jectlves for the folio~Ing reasons= 1) The proposed land use is compatlble with the surrounding USES, The project rates points In excess of the 26 points necessary to determine It to have exlstlng communlty facliltles and services for the resldentlal density and permitted uses of the proposed plan and therefore Is'not leapfrog growth. The project shall comply with the applicable zoning and subdlvlslon regulations and all other County and State laws dealing with the development of the property. 4) An arterial roadway, is In existence along the eastern boundary of contiguous property owned by the project owner. 5) The project will be served by C~unty approved potable water, wastewater treatment and water management systems. -I- 008 ,,0 J57 PROPERTY O~/HERSHIP & DESCRIPTION LEGAL DESCRIPTION BEGINNING at the North I/q Corner of Section 32, To~nshlp 50 South, Range 26 East, Collier County,. Florlda; thence along the North line of said Section 32 and along the South line of Block ~Att of Myrtle Cove Acres Unit No. I according to the plat thereof as recorded in Plat Book 3, page 38, Co111er County Public Records, Collier County, Florlda, South 89'-35'-57" East 83.2~ feet; thence South 39'-0~t-00~ East 755.00 feet; thence continue South 39e-0~-00" East 253.76 feet; thence along the Northwest 11ne of Trall Acres according to the plat thereof as recorded In Plat Book 3, page 50, Co111er County Public Records, South $9°-56~-00'~ ~est'577.11 feet; thence North 39°-0q~-00~t. West 350.97 feet; thence North 0°-07~-08" East 800.q~ feet to the Place of Beginning; being a par: of the North I/2 of Section 32, Township 50 South, Range 26 East, Co111er'County, Florida; subject to ea=ements and restrictions of record; containing 9.66 acres more or less. TITLE TO PROPERTY The property Is ovmed by Tallle O. Ellis, 698 Regatta Court, Naples, Florida. PHYSICAL DESCRIPTION Elevatlons within the property are in the range of 5 to 6 feet above mean sea level. The sol1 type Is predominantly Immokalee fine sand with some Pompano fine sand. The entire parcel, except for a small band of Pine and Palmetto along the South boundary, has been farmed and is void of natural vegetation. ' -2- 008 r 0EL58 ! I DEVELOPHENT REGULATIONS ]. Purpose. The purpose Of .this Section Is to set forth the regulations for the deveiQpment of the lands cove(ed by this Planned Unit Development 2. Permitted Uses and Structures Subject to Site Development Plan Approved by the Director. No bUilding Or structure, or part thereof shall be erected, altered or used, or land or water used, in ~hole or in part, for other than the following: B® · Permitted Uses and Structures. '(Il Professional offices. (2) Banks, flnanclal institutions. (3) Churches and other places of worship. (q) Hospitals. (5) Hedical laboratories, medical cllnlcs, and medical offices, for humans. (6) Research design' and development activitles and laboratories, provided that: (al No odor, noise, etc., detectable to normal senses from off the premises are generated. (b)All ~ork is done within enclosed structure. (c) No product is manufactured or sold, except incidenta) to development activities. (7) Rest homes, convalescent centers, and nursing hcxnes. (8) Any other professlonal or medically-related use which is comparable in nature with the foregoing uses and which the Director determines to be compatible. ~.rmitted Accessory Uses and Structures: Accessory uses and structures customarily associated with uses permitted In this section. 3. Minimum Lot Area: Minimum Lot Width: yard setback line. · 40,000 Square Feet. 'T~o hundred (200) feet measured at the front -3- 5. Hlnlmum Setback Requirements: Setbacks from tract, parcel, and buffer lines and between any t~o buildings shall be fifty (50) feet plus one (1) foot for each t~o (2) feet of.bullding height above fifty '($0) feet.. 6. Hlnlmum Floor Area of Principal Structure: One thousand (1,0OO)' square feet per building on ground floor. 7. Maximum Height of Structures: None. 8. Minimum Off-Street Parking and Off-Street Loading Requirements: As requ'lred In Section I§ of the Zoning Ordinance of the Coastal Area Planning District of Collier County. · 9. ' Minimum Landscapln9 Requirements: 'As required in Section 19 of the Zoning Ordinance of the Coastal Area Plannlng District of Coi|ier CoUnty. 10. ~Imltatl~ns on Signs: As permitted in Section 20 of the Zoning Ordinance of the COaStal Area Planning District of Collier County. !.~. Landscaped Buffer Area. A landscaped buffer shall be provided along the common lines between the property covered by this Planned Unit Develop- ment and Trail Acres Subdivisio~ (Plat Book 2, Page 50), and Myrtle Cove Acres Subdivision (Plat Book 3, Page 38). Parking areas.and driveways shall.0Rt be permitted w[th[n these required buffer areas. A. Requirements. t~ere this ordinance requires a landscaped buffer area, the following requirements shall be met unless otherwise specifically required elsewhere: (1) The landscaped buffer area shal! be not less than fifty (50) feet In width measured at right angles to property lines and s;~all be establishe~ along the entlre length of and contlguous to the designated property line or lines. (2) The area she1! be so designed, planted, and maln- tained as to be eighty (80~) percent or more opaque 'between three (3) and eight (8) feet above average ground level ~hen viewed horizontally. Plantings shall be of a slze and type'~hlch ~111 Insure the meeting of the eighty (804) percent opacity requirement within no longer than twelve (12) months of the, date of first planting. (3) Types and numbers of plantings for landscaped buffers shall be submitted ~lth application for building permit along with plans and statements demonstrating how the buffer ~111 be Irrigated and maintained In the future. 14here these regulations require a landscaped buffer area or areas, no bullding permit shall be Issued ~ithout such data. 12. 13. 15. ' (~) Fallure to malntaln the landscaped buffer area as set out above shall be a vlolation of this zolnlng ordinance. B. Waiver by Director. When the Director finds that the public safety requires, he may' waive.or modify the buffer requirements set out above at street and alley frontages adjacent to any entrance~ the finding of the Director shall be In writing and shall be filed with the. approved building permit. The finding shall demonstrate that the buffer ts not required for a certain number of feet back from the street or alley entrance, In order to afford protection · to pedestrian or vehicular traffic entering or leaving the lot on whlch the landscaped buffer.area Is required by this zoning ordinance. Access. Primary access shall be from U.S. 41 across the Gen- era--~'i-~etali Commercial lylng between U.S. 41 and the property covered by this Planned Unit Development Document. .Secondary access only may be provided by way'of Second Street in Trall Acres when approved by the Director. Right turn and left turn storage lanes shall be constructed by the developer at the Intersection'of the ~rimary entrance road with U.S. hl in accordance with the Florida Department of Transportation Standards at such time as requested by Collier County or the ' Florida Department of Transportation. Water Suppl~. Potable water shall be supplled by the exten- sion of the existing Collier County Water System, located along U.S. 41 and Second Street In Trail Acres. The design and construction of the potable water distribution system shall comply with all applicable local and state regulations. Water Hana~ement. The Water Hanagement. Syste~ ~hall comply ~ith the requirements of the South Florida ~ater Hanagement District and Collier Couhty. The flnal water management system design shall be reviewed and approved by the County Engineer,and t~e.Natgr.'.Hanagem~nt Advisory Board prior to . con~nencem~nt or aeve~opment. Sanitary Sewage Treatment. A Sanitary Sewage System shall be provided to cdmply with all appllcable loc~1 and state require- ments. -5- 008 eA E:lSI II ,? II LIly MYRTL I PIA¥¥O~i( COVE tO ,~ANOR B I I0 t I I 18 II 'P~OPF. t2TV' I '14 I0 14 I0 J$ 14¸ SECTION TWO~ This Ordinance shall become effective upon receipt of notice that. it has been filed with the Secketary of State. DATE: August 22, 1978 BOARD OF CO.UNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 N A. PISTOR, CHAIRMAN STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts ~n and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of Ordinance 78-42 which was adopted by the Board of County Commissioners during Regular Session August 22, 1978. WITNESS my hand and the official seal of the Boar4 of County Commissioners of Collier Coqnty, Florida, this 22nd day of August, 1978. WILLIAM J. REAGAN o Clerk of Courts and Clerk Ex-officio to Board of Count:.>,~Comm:l. ss:l. oners : .,' [~. B~ .'. ,> >..,,, . This ordinance filed with the Secretary of State's of~ic~ the. '" 30th day of August, 1978 and.acknowledgment of that fi~in~' received this 5th day of September, 1978 / . ,,,, Depu~YClerk 008