Ordinance 2004-36
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; ~. ('(\'Nt." ~N ORDINANCE AMENDING ORDINANCE NUMBER 91-l01,
'S. "tLu (.U ¡:.'THE COLLIER COUNTY LAND DEVELOPMENT CODE WHicH '.
~ \\\J <I' lNCLUDES THE COMPREHENSIVE REGULA nONS FOR THE
"°"8 1,/ UNlNCORPORATED AREA OF COLLŒR COUNTy, FLORIDA,
9<:9911£ BY AMENDING THE OFF1C1AL ZONING ATLAS MAPS
NUMBERED 0523N AND 0523S BY CHANGING THE ZONING
CLASSIFICA nON OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLANNED UNiT (.,
f""';
DEVELOPMENT KNOWN AS HAMILTON HARBOR FOR THE: I
PURPOSE OF REDUCING THE NUMBER OF DRY STORAGE
SLIPS FROM 450 TO 325 AND REDUCING THE NUMBER OF
SEATS IN THE REST AVRANT FROM 150 TO 100 CONSISTENT
WITH THE INTERLOCAL GOVERNMENT AGREEMENT
BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY
THAT WAS APPROVED ON MAY 27, 2003, FOR
APPROXIMATELY 154 ACRES OF PROPERTY WITHIN THE
CITY OF NAPLES ZONED "PD" PLANNED DEVELOPMENT
(ORDINANCE NO. 03-9977) AND APPROXIMA TEL Y 21 ACRES
OF THE PROPERTY LOCATED WITHIN COLLIER COUNTY IN
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on November 10, 1986, the Board of County Commissioners of Collier
County, Florida adopted the CDC PUD Ordinance No. 86-77, commonly referred to as the
Sabal Bay PUD; and
WHEREAS, a portion of the Sabal Bay POD property is proposed to be developed as a
boat storage facility to be known as the Hamilton Harbor Planned Development; and
WHEREAS, approximately 154± acres of the proposed Hamilton Harbor project are
located within the jurisdiction of the City of Naples and approximately 21± acres are located
within the jurisdiction of Collier County, Florida; and
WHEREAS, on April 13, 1999, the Board of County Commissioners of Collier County
entered into an Interlocal Government Agreement (IGA) with the City of Naples wherein it
was agreed that the City would, among other things, adopt a PD Zoning District for the entire
Hamilton Harbor project, inclnding the 21± acres portion thereof situated in Collier County;
and
WHEREAS, on June 2, 1999, the City of Naples in accordance with the provisions of
the aforesaid IGA adopted zoning for the entire Hamilton Harbor project including the 21±
acres thereof located within Collier County; and
WHEREAS, on June 22, 1999, the City and County amended certain paragraphs of the
IGA by forn1al written agreement recorded the Public Records of Collier County; and
WHEREAS, on August 4, 1999, certain paragraphs of said IGA were amended to
provide clarification, said amendment being agreed upon by the City and County; and
Page 1 of 3
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WHEREAS, On September 28, 1999, pursuant to the existing lGA, as amended, the
County adopted Ordinance No. 99-68, which rezoned that portion of the property lying within
the County (approximately 21± acres) to planned unit development, in accordance with the
City's PD Zoning Ordinance No. 99-8545. Through Ordinance 99-68, the County also adopted
and ratified the City's PD Zoning Ordinance No. 99-8545 as the land use, development and
other standards applicable to that portion of the property lying within the County; and
WHEREAS on April 5, 2000, the City repealed the June 2, 1999 development
approvals; and
WHEREAS, as a result of the City's repeal of the approvals, the owners/developers
of the property initiated litigation with the City; and
WHEREAS, on October I 1,2002, in an effort to resolve the litigation, the City and
the owners/develop,,,s of the property entered into a Conditional Settlement Agreement; and
WHEREAS, Paragraph 5 of the Conditional Settlement Agreement required an
amendment to the lGA, as amended, so as to allow for the Revised Project Approvals as set
forth in the Conditional Settlement Agreement. The City and County satisfied Paragraph 5 of
the Conditional Settlement Agreement by executing an amendment to the lGA, dated
December 3, 2002; and
WHEREAS, at the City Council's consideration and approval ofthe such amendment
on December 4, 2002, the City Council requested technical amendments be made to the
development criteria and standards; and
WHEREAS, on March 5, 2003, the City granted PD zoning approvals for the revised
Hamilton Harbor marina project; and
WHEREAS, on March 20, 2003, the City and Hamilton Harbor, Inc. executed an
amendment to the Conditional Settlement Agreement to reflect the PD zoning for the revised
Hamilton Harbor marina project; and
WHEREAS, on May 27, 2003, certain paragraphs of the IGA were amended to
change certain technical requirements for the project reflected in the March 5, 2003 PD zoning
by the City of Naples, said amendment being agreed upon by the City and County; and
WHEREAS, pursuant to the tenus and conditions of the lGA, as amended, it is
necessary for the Board of County Commissioners of Collier County to adopt a POO rezone
that implements and is consistent with the lGA, as amended, and the City of Naples PD Zoning
District for the 21± acre portion of the project lying within CoHier County; and
WHEREAS, Anita Jenkins, AlCP, of WilsonMilIer, Inc" and George L Varnadoe,
Esquire, of Cheffy Passidomo Wilson & Johnson, representing Hamilton Harbor, Inc.,
petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
Page 2 of3
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTy
COMMISSlONERS OF COLLŒR COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 23, Township
50 South, Range 25 East, Comer County, Florida, is changed &om "PUD" to "PUD" Planned Unit
Development in accordance with the Hamilton Harbor PUD Document, attached hereto as Exhibit "A"
and incorporated by reference herein. The official Zoning At/as Maps numbered 0523N and 0523S, as
described in Ordinance Number 91-102, the Comer County Land Development Code, are hereby
amended accordingly.
SECTION TWO:
This Ordinance shaH become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners ofCoHier County,
Florida, this-L'1aYOf ..f'tUJ.f. ,2004,
ATTEST:
. D~IGHT E. BROCK, CLERK
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Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
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BY:
DONNÆ FIALA, CHAIRMAN
This ordinance filed with the
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Page 3 of3
Exhibit A
HAMILTON HARBOR
A PLANNED UNIT DEVELOPMENT
PREPARED FOR
Hamilton Harbor, Inc.
PREPARED BY
WilsônMiller
..
3200 Bailey Lane, Suite 200
Naples, FL 34105
DA TE APPROVED BY BCC:
ORDINANCE NUMBER:
PUD AMENDMENT SUBMITTED:
9/28/99
99-68
6/17/03
DATE APPROVED BY BCC: 06-08-2004
ORDINANCE NUMBER: 2004-36
Ver 004.
CA*4.3
"-._------
3/] 7/99-54619 Ver: 0] I-Ajenkins
N0229-0 I 7-000-PPlJD·2 I 173
2
TABLE OF CONTENTS
Section I
Legal Sketch and Description
Section II
Planned Development Standards
Section III
Development Criteria and Standards
Section IV
Land Use Summary and Building Square
Footage
Section V
Water and Sewer Adequacy and Availability
and Basic Water Management Strategy
Section VI
Development Schedule and Method of
Ownership, Management and Maintenance
Section VII
Developer Commitments
Section VIII
PD Land Use Distrièt Map
Legal Sketch and Description of Tract A,
Tract B I and Tract B2
Appendix A
Transportation Impact Statement
3
SECTION I
Legal Description
All that part of Sections 22, 23 and 27, Township 50 South, Range 25 East, Collier County, Florida being more
particularly described as follows:
Beginning at the southeast corner of said Section 22;
thence along the east line of said Section 27, South 00°23'12" West 2328.64 feet;
thence leaving said section line South 89°32'18" West 1290.14 feet;
thence North 00°27'34" West 331.71 feet;
thence northeasterly 846.91 feet along the arc of a tangential circular curve concave to the southeast having a radius of
800.00 feet through a central angle of60039'19" and being subtended by a chord which bears North 29052'06" East
807.91 feet to a point of reverse curvature;
thence northerly 1011.26 feet along the arc of a tangential circular curve concave to the northwest having a radius of
750.73 feet through a central angle of77°10'46" and being subtended by a chord which bears North 21°36'21" East
936.52 feet;
thence North 16°59'02" West 450.59 feet;
thence North 50°00'29" East 226.72 feet
thence northeasterly 113.4 I feet along the arc of a tangential circular Curve concave to the northwest having a radius of
150.00 feet through a central angle of 43 0] 9'08" and being subtended by a chord which bears North 28°26'43" East
] 10.73 feet to a point of compound curvature;
thence northerly 320.89 feet along the arc of a tangential circular curve concave to the west having a radius of 480.00 feet
through a central angle of3 8° I 8'13" and being subtended by a chord which bears North 12°21'57" West 314.95 feet to a
point of reverse curvature;
thence northerly 109.67 feet along the arc of a tangential circular curve concave to the east having a radius of 100.00 feet
through a central angle of62°50'20" and being subtended by a chord which bears North 00°05'54" West 104.26 feet to a
point of reverse curvature;
thence northeasterly 171.22 feet along the arc of a tangential circular curve concave to the west having a radius of 180.00
feet through a central angle of54°30'00" and being subtended by a chord which bears North 04°04'16" East 164.83 feet;
thence North 23°10'44" West 123.01 feet;
thence northwesterly and easterly 197.05 feet along the arc of a tangential circular curve concave to the sooth east having a
radius of 100.00 feet through a central angle of 112°54'00" and being subtended by a chord which bears North 33°16'16"
East 166.68 feet;
thence North 89°43' 16" East 110.00 feet;
thence easterly and northwesterly 213.10 feet along the arc of a tangential circular curve concave to the northwest having
a radius of 100.00 feet through a central angle of 122°06'00" and being subtended by a chord which bears North
28°40'16" East 175.01 feet to a point of reverse curvature;
thence northerly and northeasterly 78.69 feet along the arc of a tangential circular Curve concave to the east having a
radius of50.00 feet through a central angle of9001O'20" and being subtended by a chord which bears North 12°42'26"
East 70.82 feet;
thence North 57°47'36" East 67.46 feet;
thence northerly and northwesterly 194.01 feet along the arc of a tangential circular Curve concave to the west having a
radius of 75.00 feet through a central angle of 148° 12'45" and being subtended by a chord which bears North 16°18'46"
West 144.27 feet;
thence South 89°34'51" West 30.00 feet;
thence westerly and southwesterly 157.08 feet along the arc of a tangential circular Curve concave to the southeast having
a radius of 100.00 feet through a central angle of90000'OO" and being subtended by a chord which bears South 44°34'51"
West 141.42 feet;
thence South 00°25'09" East 169.99 feet;
thence southwesterly 62.98 feet along the arc of a tangential circular Curve concave to the northwest having a radius of
50.00 feet through a central angle of72°10'28" and being subtended by a chord which bears South 35040'05" West 58.90
feet;
thence South 71°45'19" West 116.04 feet;
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thence southwesterly and southerly 248.54 feet along the arc of a tangential circular curve concave to the southeast having
a radius of 150.00 feet through a central angle of94°56'03" and being subtended by a chord which bears South 24°17' 18"
West 221.07 feet;
thence South 23°10'44" East 123.01 feet;
thence southerly and southwesterly 101.05 feet aJong the arc of a tangential circular curve concave to the northwest
having a radius of 50.00 feet through a central angle of 115°47'41" and being subtended by a chord which bears South
34°43'14" West 84.71 feet to a point of compound curvature;
thence northwesterly 256.08 feet along the arc of a tangential circuJar curve concave to the northeast having a radius of
220.00 feet through a central angle of 66°41 '32" and being subtended by a chord which bears North 54002' 1 0" West
241.87 feet;
thence North 20°41'24" West 195.01 feet;
thence northeasterly 312.33 feet along the arc of a tangential circular curve concave to the east having a radius of 280.00
feet through a central angle of 63°54'40" and being subtended by a chord which bears North II ° 15'56" East 296.39 feet to
a point of reverse curvature;
thence northeasterly, northerly and northwesterly 516.02 feet along the arc of a tangential circular curve concave to the
west having a radius of 300.00 feet through a central angle of98°33'08" and being subtended by a chord which bears
North 06°03' 18" West 454.72 feet;
thence North 55°19'52" West 528.65 feet;
thence North 02°23'16" East 275.02 feet;
thence northeasterly 77.62 feet along the arc of a tangential circular curve concave to the southeast having a radius of
50.00 feet through a central angle of 88°57'04" and being subtended by a chord which bears North 46051 '48" East 70.06
feet to a point of reverse curvature;
thence northeasterly 731.46 feet along the arc of a tangential circular curve concave to the north having a radius of
1200.00 feet through a central angle of34°55'29" and being subtended by a chord which bears North 73°52'36" East
720.19 feet to a point of reverse curvature;
thence northeasterly, northerly and northwesterly 134.88 feet along the arc of a tangential circular curve concave to the
west having a radius of 50.00 feet through a central angle of 154°33'46" and being subtended by a chord which bears
North 20°52'02" West 97.55 feet to a point of reverse curvature;
thence westerly and northeasterly 71.31 feet along the arc of a tangential circular curve concave to the northeast having a
radius of 35.00 feet through a central angle of I 16°44'18" and being subtended by a chord which bears North 39046'46"
West 59.60 feet;
thence North 18°35'23" East 68.45 feet;
thence North 13°49'59" East 340.07 feet;
thence North 07°00'50" East 161.59 feet;
thence North 82°59'10" West 35.00 feet;
thence North 07°00'50" East 14.74 feet;
thence North 89° 18'51" East 527.45 feet;
thence South 00°13'12" East 335.51 feet;
thence North 89°24'52" East 1333.23 feet;
thence North 00°32'30" West 30.00 feet;
thence North 89°24'52" East 50.00 feet;
thence South 00°32'30" East 537.45 feet;
thence south 89°29'24" West 916.48 feet;
thence South 00°06'04" East 453.00 feet;
thence south 89°29'24" West 470.01 feet;
thence South 00°06'04" East 2039.29 feet to the Point of Beginning of the parcel herein described;
Subject to easements and restrictions of record.
Containing 124.33 acres more or less.
AND:
All that part of Section 27, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described
as follows;
Commencing at the Northeast corner of said Section 27;
thence along the east line of said Section 27 South 00°23' 12" West 2690.18 feet to the Point of Beginning of the parcel
herein described;
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thence continue along said Section line South 00°23'14" West 2689.01 feet to the South line of said Section 27 thence
along said South line South 89°31 '09" West 758.84 feet;
thence leaving said Section line along a Bulkhead line per Collier County Bulkhead line Book 1, page 3, O.R. Book 1143,
pages 1303-1304, Collier County, Florida in the foJlowing four described courses;
I) Northerly 956.29 feet along the arc of a tangential circular curve concave to the east having a radius of 4446.88 feet
through a central angle of 12° 19' 17" and being subtended by a chord which bears North 00007'24" East 954.45 feet;
2) North 06° 17'02" East 770.62 feet;
3) Northerly and Northwesterly 656.57 feet along the arc of a tangential circular curve concave to the Southwest having
radius of 517. ] 4 feet through a central angle of72°44'36" and being subtended by a chord which bears North 30005' 16"
West 613.35 feet to a point of reverse curvature;
4) Northwesterly and Northerly 549.88 feet along the arc of a tangential circular curve concave to the Northeast having a
radius of477.36 feet through a central angle of66°00'00"and being subtended by a chord which bears North 33027'33"
West 519.98 feet to the South line of Government Lot I
thence along the South line of said Government Lot I and leaving said Bulkhead line North 89°32'16" East 1284.80 feet
to the Point of Beginning of the parcel herein described.
Subject to easements, reservations, rights-of-way and restrictions of record.
Containing 51.11 acres more or less.
Bearings are based on the east line of said Section 27 being South 00°23' 13 West (per State Plane Coordinate System,
Florida East Zone, NAD 83 Adjustment).
Total Parcel Contains 175.44 Acres more or less.
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SECTION II
Planned Development Standards
1. Land uses within the development shall be appropriate in their proposed location, in
their relationships to each other, and in their relationships with uses and activities on
adjacent and nearby properties.
The proposed project is located in south Naples Bay, immediately adjacent to Bayview
Park, a County park. Of the overall project area of approximately 175 acres, 154 are within
the City of Naples and 21 are within Collier County. The total project will be reviewed by
the City of Naples and City approved standards for both horizontal and vertical construction
shall be utilized throughout the project. The unique design of the marina substantially
screens the marina facilities from Naples Bay, Port Royal and the adjacent residential
neighborhood. The uses will be compatible with and buffered from adjacent land uses, will
provide water dependent uses for this waterfront property, will improve the economic
vitality of the area, and will provide specific public benefits for the citizens of the City of
Naples.
Hamilton Harbor has been designed (1) to minimize impacts on wetlands and unique
archaeological sites; (2) to maximize compatibility with south Naples Bay character; and
(3) to provide the important public benefits specified below.
In order to screen the buildings from Naples Bay, the boat basin has been curved or
angled, the dry storage building has been located approximately eight hundred feet (800')
east of the entrance to the harbor, and City height restrictions will apply. In order to
promote compatibility with surrounding areas, primary access will be from Fern Street
which minimizes traffic on Danford and Bay Streets, the dry storage building will be
located approximately fifty feet (50') south of the property line, and a fifty foot (50')
buffer and berm will be provided adjacent to Bay Street.
Hamilton Harbor will have a maximum of 36 wet slips and 325 dry storage spaces. Boats
berthed at Hamilton Harbor will be limited to sixty feet (60') in overall length. The boat
basin will be approximately three (3) acres in size and the developed area of Hamilton
Harbor will be approximately sixteen (16) acres. In addition, there will be a ships store
not to exceed 1000 square feet, marina offices, support facilities, and a private yacht club
featuring a dining facility with a maximum of 100 seats.
Hamilton Harbor will also provide the following public facilities or benefits:
dredging to the existing north/south Bayview Park canal and channel
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7
preservation of 149 acres of wetlands and uplands to be conveyed to the City of
Naples, and preservation of approximately 1 Y2 miles of shoreline
enhance tidal interaction of mangroves in proximity to proposed marina basin
close proximity to recreational boating destinations
improve boat access to Bayview park through dredging of the channel and canal
improve water quality from runoff from Bay Street
Tract B 1, being approximately 98 acres in size, and Tract B2, being approximately 51
acres in size will be conveyed to the City of Naples solely for preservation purposes.
Any dredging in the channel leading into existing Bayview Park and Hamilton Harbor,
from channel marker R20, shall be the responsibility of the Developer. In addition,
Developer shall be responsible for any dredging to the existing north/south Bayview Park
canal.
There will be no rental boat fleet at Hamilton Harbor and no personal watercraft will be
berthed or stored at Hamilton Harbor. There will be no expansion of Hamilton Harbor
nor will there be any expansion of the boat basin into adjoining lands in Collier County or
the City of Naples.
Applicant understands and agrees, that pursuant to paragraph 7 of the third amendment to
the Interlocal Government Agreement dated May 27, 2003, all proposed amendments to
the Hamilton Harbor PD Zoning Ordinance must be submitted and approved by the City
of Naples. Only in the event that an amendment approved by the City of Naples exceeds
the development standards set forth in Exhibit 3 to said third amendment to the Interlocal
Agreement would Collier County have jurisdiction to also review said amendment.
2. The development shall comply with applicable city plans and planning policies, and
shall have a beneficial effect both upon the area of the city in which it is proposed to
be established and upon the city as a whole.
Hamilton Harbor furthers the goals and objectives of the City of Naples Comprehensive
Plan and complies with applicable city planning policies. The proposed project provides
multiple public benefits in both the area of the city in which it is located and upon the city
as a whole, including:
· A public fueling facility in south Naples Bay;
· A marine construction loading facility;
· Reduction of boat traffic in upper Naples Bay;
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8
· Permanent preservation of approximately 1.5 miles of shoreline;
· Permanent preservation of approximately 149 acres of wetlands and uplands;
· Preservation of important archaeological sites;
· Enhance tidal interaction of mangroves in proximity to proposed marina basin
· Close proximity to recreational boating destinations
· Improve boat access to Bayview park through dredging of the channel and canal
· Improve water quality from runoff from Bay Street
The specific objectives and policies which apply to this project include:
Vision 2005
Objective 3-5: It is the objective of the City to have more compatible land use
standards where the City and County are adjacent.
Hamilton Harbor is located within both the City and the County. With review of the entire
project being conducted by the City of Naples, this ensures that the land use standards
within the project boundaries will be compatible and complementary.
Objective 3-6: It is the objective of the City to have positive opportunities for the
County to enhance its motivation to cooperate with the City.
Hamilton Harbor provides a positive opportunity for the County to cooperate with the City
by an interlocal agreement allowing the City to conduct the full review of the project.
Objective 4-1: Ensure that the natural resources of the City are used in a sustainable
way.
The proposed project permanently preserves approximately 149 acres of wetlands and
uplands, including 1.5 miles of Naples Bay shoreline.
Objective 4-2: Increase the amount of green space with the City while protecting
environmentally sensitive lands.
Approximately 149 acres of wetlands and uplands shall have a permanent conservation
easement placed upon them in the favor of the City, and shall be conveyed by Hamilton
Harbor to the City of Naples.
Objective 6-1: Provide a variety of active recreation opportunities.
Hamilton Harbor provides opportunities for water related recreation.
Objective 7-1: A desired result is residential areas which are not disrupted by non-
local traffic.
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Primary access to Hamilton Harbor will be ÍÌ"om an entry on Fern Street. This will
minimize traffic on Danford Street and eliminate traffic on Bay Street.
Future Land Use Element
Policy 1-4: Non-residential development shall be compact and in a readily accessible
location for the market it is intended to service, and shall not encroach into stable
residential areas.
Hamilton Harbor is extremely compact, with only 16 of the 175 project acres used for
development. It is located to provide marina services in the south Naples Bay area.
Hamilton Harbor does not encroach into any residential area, and will include a 50' buffer
adjacent to the one residential street it abuts with a berm, fence and landscaping.
Policy 1-5: Increase the amount of green space in the City through appropriate
project design and attributes.
Approximately 149 acres of wetlands and uplands will be preserved and conveyed to the
City of Naples.
Policy 1-7: Commercial properties shall be properly screened, provide adequate
parking, include orderly traffic circulation patterns, and integrate appropriate design
features to enhance safety, efficiency, and site appearance.
The unique design of the Hamilton Harbor basin allows for the existing 30' to 40' tall
mangroves to substantially screen the marina dry boat storage building from view from
Naples Bay and Port Royal. A 50' buffer will screen the facilities from the residents along
Bay Street with a berm, fence and landscaping. Parking will meet or exceed the City of
Naples requirements. A primary access road will provide safe and orderly traffic circulation
to the parking areas for the dry boat storage facility, the yacht club and ships store.
Sidewalks will connect the parking areas and marina facilities providing for safe pedestrian
circulation.
Policy 1-9: Signage shall be provided in accordance with the Code of Ordinances.
Sign plans for all complexes are to be filed with the City. Monument ground signs are
encouraged rather than pole signs. Smaller signs and fewer signs than permitted by
the Code of Ordinances are preferred in most circumstances.
Hamilton Harbor signage will be in accordance with the City of Naples Code of
Ordinances.
Policy 1-10: Lighting shall be provided in an aesthetically pleasing manner with
illumination levels compatible with adjacent areas and designed to ensure safe
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10
movement of pedestrian and vehicular traffic and promote security and crime
prevention.
Hamilton Harbor lighting will be designed to ensure the safe movement of boats and
pedestrians while being compatible with adjacent land uses. An illumination plan is
included with the Residential Impact Statement.
Policy 1-11: To protect, presenre and enhance areas having significant ecological,
hydrological, physical or socioeconomic importance to the public, new development or
redevelopment located in areas of environmental sensitivity shan be consistent with
the provisions of the Consenration and Coastal Management Element. The Code of
Ordinances shan include development standards based on habitat types, suitability,
storm protection, clearing, and submittal of a Development of Significant
Environmental Impact Assessment. Presenring the integrity of those areas enhances
the aesthetics and quality of life for city residents and visitors, provides a degree of
natural protection against storms, helps maintain air and water quality, promotes fish
and wildlife and habitat diversification and productivity, and promotes soil
stabilization.
Hamilton Harbor preserves approximately 149 acres of wetlands and upland and 1.5 miles
of shoreline of Naples Bay. Hamilton Harbor also preserves two important archaeological
sites, one, Hamilton Midden, is of regional importance. A Development of Significant
Environmental Impact Assessment is included with this rezone petition.
Policy 1-12: Dumpsters and mechanical equipment shall be effectively screened from
street view and adjacent residential property.
A landscape buffer along Bay Street will ensure that dumpsters and mechanical equipment
in Hamilton Harbor will be effectively screened from view.
Policy 2-2: Permit new development only in areas where adequate public facilities
and access exists or wiU be provided prior to occupancy.
The applicant has verified that adequate public facilities and access are in place or will be
provided for the development of Hamilton Harbor.
Policy 5-2: Development shall be consistent with standards for subdivisions, signs,
and stormwater management.
Hamilton Harbor will be developed in accordance with required applicable standards.
Policy 5-3: Control land uses by requiring buffer areas between inconsistent land uses
and establish transitional land use zones to assure compatibility of land uses.
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11
Hamilton Harbor will include an extensive landscape berm and buffer to ensure
compatibility with the existing neighborhood along Bay Street.
Policy 6-2: Avoid adverse impacts on property, places, or sites that are on the Federal
Register of Historic Places, Florida Master Site File, or designated as a local historic
resource through official action by the City of Naples.
There are two archaeological sites within the project boundary of Hamilton Harbor that are
designated on the Florida Master Site File. The proposed plan avoids adverse impacts to
these archaeological sites, removes exotic vegetation, and preserves them with a
conservation designation.
Hamilton Harbor is in compliance with the applicable City planning policies and will have a
beneficial effect both upon the area of the City in which it is proposed and upon the City as
a whole.
3. The total land area within the development and the area devoted to each functional
portion of the development shall be adequate to senre its intended purpose.
Wetland Conservation and Open Water
Upland Conservation
Water Management/Open Space/Buffers
Wetslip Harbor
Marina Facilities
Total Area
147.0 acres
12.3 acres
8.0 acres
3.1 acres
5.0 acres
175.4 acres
4. Streets; utilities; drainage facilities; recreation areas; building heights, sizes and
yards; and vehicular parking and loading facilities shall be appropriate for the
particular use or uses involved, and shall equal or exceed the level of design and
construction quality required of similar land development elsewhere in the city.
Site improvements shall be constructed according to the requirements of the City of Naples.
The proposed development standards contained herein are appropriate for the intended use
of the property.
5. Visual character and community amenities shall be equal or better in quality than
that required by standard zoning districts for similar development.
The wetslip basin has been designed at an angle specifically to create a visual screen of
existing 30' to 40' tall mangroves which effectively screens the dry boat storage facility
from Naples Bay and Port Royal. Hamilton Harbor's public amenities includes a public
fueling facility, dredging of the north/south Bayview park canal, a marine construction
- Ver: 004-
c A_43
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12
loading facility, and preservation of approximately 149 acres of wetlands and upland, 1.5
miles of Naples Bay shoreline and two important archaeological sites.
6. Open space shall be adequate for the type of development and the population densities
proposed.
Approximately ninety percent (90%) of the project will be open space, which is
extraordinarily high for this type of development and greatly exceeds all applicable
standards.
7. Areas proposed for common ownership shall be subject to a reliable and continuing
maintenance guarantee.
Approximately 26 acres of the project will be under common ownership of Hamilton
Harbor, Inc. and will be maintained by the owner, their Successor or assigns. The remaining
149 acres will be conveyed to the City of Naples for conservation purposes.
8. In the case of developments which are to be constructed in several units, the proposed
units shall be shown on the overall development plan. The proposed construction
units shall individually comply with the standard set forth in this section in order that,
if for any reason construction ceases prior to completion of the entire planned
development, the resulting partially complete project will adequately sen'e its
purchasers and Occupants and will not cause a general public problem.
Site improvements shall be constructed according to the requirements of the City of Naples.
- Ver: 004~
CA_4J
. '~"'--'".~."'"--'~'~~-"-'
13
SECTION III
Development Criteria and Standards
Tract A: Consists of approximately 26 acres, 5 acres within the City and 21 acres within the
County. Section VIII of this PD document includes a Land Use Districts Map illustrating the
location of Tract A, and provides a legal sketch and description.
I. Permitted Principal Uses: 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. Marina facilities, including part of boat basin, fuel sales, and wet slips (including slip
rentals) for a maximum of36 boats.
B. Dry storage facility for a maximum of 325 boats.
C. Ships store - marina related retail sales (a maximum 1,000 square feet).
D. Clubs, private or public including yacht clubs and the like, featuring a dining facility, (a
maximum of 100 seats), including conventional, outdoor seating and dining, carryout,
and outside menu board signage.
E. Marina offices.
F. Boat and marine equipment sales and display.
G. Repair and servicing of boats, boating accessories and marine equipment for dry storage
boats, and boats comparable in size in the wet slips.
H. Marine construction loading facility.
I. Cultural or civic facilities for educational purposes (a maximum of 3,000 square feet)
J. Boardwalks and nature trails.
II. Permitted Accessory Uses: Accessory uses and structures, which are incidental and
customarily associated with the above permitted use as follows:
A. Incidental loading and unloading of marine supplies.
B. Ponds/water management facilities.
C. Parking lots.
D. Landscape buffers.
E. Signage, including internal directional signage and structures.
F. Wastewater pump-out facilities.
G. Fuel storage facilities.
H. Accessory uses and structures which are incidental to and customarily associated with
the permitted uses listed above.
III. Conditional Uses: Are as follows:
A. Live entertainment as defined by the Code of Ordinances.
B. The Planning Advisory Board may, through the review and approval of a conditional
use petition and with the approval of the city council, permit other uses which are
similar to and no more intense than those enumerated in this sectiön.a
. Ver: 004-
CAM4J
14
III. Minimum Setbacks
Principal and Accessory Buildings
30 feet from project perimeter boundary, as
the boundary is depicted the General
Development and Site Plan, except for the
dry storage facility where the setback is 50
feet and the water where the setback is 0 feet.
VI. Maximum
Building Height
Yacht Club
35 feet to the peak of the roof measured from
the first floor FEMA elevation.
Dry storage facility
42 feet to the peak of the roof measured from
the first floor FEMA elevation.
Fuel facility
20 feet to the peak of the roof measured from
the first floor FEMA elevation
Cultural and civic facilities
35 feet to the peak of the roof measured from
the first floor FEMA elevation.
Marina directional structures
20 feet to the peak of the roof measured from
the first floor FEMA elevation.
VII. Minimum Lot Area
10,000 SF
VIII. Maximum Lot Coverage by Buildings
50 percent
IX. Minimum
Off-Street Parking
Dry storage facility - 1 space/I 0 dry slips I
Harbor basin - 1 space/4 wet slips
Yacht club - I space/lOO SF
Ships store - 1 space/300 SF
Fuel master facility - 1 space/300 SF
I Parking spaces noted are minimums and may increase based on marina industry standards.
. Ver: 004-
CA#4;!
X. Architectural Standards
Yacht club and fuel facility
Dry storage facility
Marina Directional Structure
XI. Fences and walls
. Ver; 004-
CA.043
15
All building sides shall have the appearance
of wood or a concrete material, such as, but
not limited to, block, brick, tilt up concrete
panels, stucco on lathe systems, etc.,
Due to the placement of the dry boat storage
facility, existing mangrove trees and large
ficus trees in Bayview Park substantially hide
the building from public view. The dry boat
storage building facades will be a natural
color to further blend in with the surrounding
environment.
The marina directional structure will be
designed with nautical elements. The
external structure will be marine grade
painted stainless steel. The base will be a
sealed natural concrete finish.
Chain link fences are only allowed along Bay
Street behind the berm and along the eastern
edge of the fueling facility.
The maximum permitted fence/wall height on
Danford Street is six feet.
The maximum permitted wall height along
the eastern edge of the docking facility is six
feet with an additional two feet of wrought
iron or grillwork. Wall columns may reach a
maximum of eight feet in height and two feet
in width, spaced a minimum of eight feet
apart.
Fences and walls shall be set back 30 feet
&om the Bay Street property line, 5 feet from
the north-south property line at the west end
of Bay Street, and 18 iIÌches along Danford
Street.
16
Walls must be masonry and painted in a color
compatible with the proposed buildings.
XII. Preserve
Areas designated "Preserve", within Collier
County's jurisdiction, shall be protected by
the Developer placing a permanent
conservation easement in favor of the City
and conveying said areas, in fee simple and
with good and marketable title, free and clear
of all liens and mortgages, to the City for Ten
Dollars ($10) for the City's conservation land
program, pursuant to Section VII hereof
XIII. Access
Primary access will be from an entry located
at a southern extension of Fern Street.
. Ver: 004·
CA.43
17
Tract BI and Tract B2: Consists of 149 acres within the City of Naples. Section VIII of this PD
document includes a Land Use Districts Map illustrating the location of Tracts BI and B2, and
provides a legal sketch and description.
III. Permitted Principal Uses: 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. Archeological excavation and study
B. Boardwalks and nature trails
C. Passive Recreation
In any conflict between the terms of this Planned Development Document and the City of Naples
Comprehensive Development Code, the Planned Development Document shall prevail. The City
of Naples Comprehensive Development Code, however, shall otherwise apply to development on
the property if and when the Code addresses an issue, which is not addressed in the Planning
Development Document.
. Ver' 004-
CAOI43
18
SECTION IV
P d H ". H b L d U S
ropose amI ton ar or an se ummall'
Wetland Conservation and Open Water 147.0 acres
Upland Conservation 12.3 acres
Water Management/Open Space/Buffers 8.0 acres
Wetslip Harbor 3.1 acres
Marina Facilities 5.0 acres
Total Area 175.4 acres
Marina Facilities
Percent of Site Covera e
.06%
1.4%
.03 %
.0009%
- Ver: 004-
CA'43
19
SECTION V
Water And Sewer Adequacy And Availability
Water and Sewer service for the project is available and will be provided by Collier County
Utilities. The proposed sanitary sewer system will connect into the existing gravity collection
system located on Bay Street. The proposed potable water system will be extended from the
existing 12" water main located at the terminus of Fern Street.
Basic Water Management Strategy
The excess storm water run-off generated within the site will be captured and conveyed by inlet
structures, pipes, and swales to a water quality detention system. The run-off will undergo
treatment through detention as required by the South Florida Water Management District.
Following the proposed water quality treatment volume detention, the system will mimic the
historical, pre-developed drainage pattern by discharging directly to tidal waters, Naples Bay.
The water quality detention system will consist of a series of dry detention areas with a bottom
elevation located one foot above the site's determined wet season water table (control elevation).
Following the required water quality volume detention, a water control structure located at the
most downstream dry detention area will discharge into a spreader swale and ultimately into
Naples Bay.
. Ver: 004-
CAUJ
-'-'~"'-
_.m.,.___.___.,+._ _II
20
SECTION VI
Development Schedule
(1) The project is planned to be constructed in two phases. The first phase would include some
or all of the following: fueling facility, marine construction loading facility, boat basin, wet
slips, yacht club and dry storage facility, including the office, ships store, and repair shop. It
is anticipated that development will commence in 2004-2005.
(2) Within six (6) months from the receipt of all the non-appealable permits, development
orders, and other governmental authorizations necessary to develop the entire Hamilton
Harbor project as described in this PD, construction shall commence on that portion of the
project containing the marine related construction loading facility, and fueling facility.
Said facilities will be completed within two (2) years of the start of construction, unless
delayed by forces beyond the control of Applicant.
(3) Should Hamilton Harbor fail to construct the marine related construction loading facility
and fueling facility or, at any time discontinue such uses or public access for a period of
more than 60 consecutive days, the City shall have the rights as defined in the "Hamilton
Harbor" Conditional Settlement Agreement, dated October, 11, 2002.
Method Of Ownership, Management And Maintenance
The marina and dry storage facilities, marine construction loading facility and fueling facility will
be owned, managed and maintained by Hamilton Harbor, Inc., their successor or assigns.
Approximately 149 acres of wetlands and upland will be owned, managed and maintained by the
City of Naples.
. Ve,. 004·
c"4J
21
SECTION VII
Developer Commitments
(1) Boats berthed in wet slips shall be limited to sixty feet (60') in waterline length as
determined by reference to the boat manufacturer's specifications.
(2) No personal watercraft shall be berthed or stored at Hamilton Harbor.
(3) There will be no expansion of Hamilton Harbor or the marina basin into adjoining
lands in Collier County or the City of Naples; Hamilton Harbor facilities will only
be used to launch boats stored at Hamilton Harbor; and the maximum number of
boats to be berthed or stored at Hamilton Harbor shall be limited to 361 (325 dry
storage and 36 wet slips) in perpetuity.
(4) A wet slip, as identified and labeled on the GDSP, shall be provided to the City of
Naples at no charge, and appropriate signage shall be provided.
(5) The Planned Development will expire and be of no force and effect unless
development of the facilities has commenced within twenty (20) years of the final
approval of the Planned Development by City Council (to comport with the terms
of the Interlocal Government Agreement dated March 17, 1999, as amended)
unless the term of the Interlocal Government Agreement is extended, in which
case the term of the Planned Development shall be extended to a term consistent
with the term of the Interlocal Government Agreement.
(6) Hamilton Harbor shall construct, at its expense, said marine construction loading
facility. Hamilton Harbor further agrees that the City's and County's vessels
and/or vehicles (and those of any contractors retained by the City for a City
project, or County for a County project) shall have access to and the use of the
marine construction loading facility without charge and that private users of the
facilities shall be charges a commercially reasonable fee.
(7) Subsequent to the issuance of all final non-appealable discretionary permits
required to develop the Project, but prior to the issuance of building permits at
Hamilton Harbor for any private marina facilities, the following shall occur:
(a) A conservation easement under Chapter 704.06, Florida Statutes, shall be
created in favor of and enforceable by a state agen'cy designated by City
Council at the time of conveyance (the "Conservation Easement Holder")
of Tract Bland Tract B2. Tract Bland Tract B2 will be conveyed to the
. Ver: 004~
CA_
_N__.".....___......_....__.._._
22
City of Naples, subject to the Conservation Easement and covenants,
conditions and restrictions ("Deed Restrictions") which will restrict the
uses to conservation/preservation; retaining rights of utilization for
scientific and education activities approved by the City Manager, native
vegetation, including mangrove trimming to allow safe pedestrian passage
along docks, boardwalks, nature trails and other pedestrian pathways. The
Conservation Easement shall create a right or interest in the real property
which is appropriate to preserving land or water areas predominately in
their natural, scenic, open or wooded condition; retaining such areas as
suitable habitats for fish, plants or wildlife; retaining the integrity of sites
or properties of historical or archaeological significance; maintaining
existing land uses; and prohibiting development as and to the extent more
fully described in Chapter 704.06(1), Florida Statutes; and
(b) Fee simple title to such land subject to the Deed Restrictions and the
Conservation Easement in favor of and enforceable by the Conservation
Easement Holder shall be conveyed through the execution and delivery of
a deed for such land to the City of Naples. Any proposed changes to land
uses in Tract Bland Tract B2 will therefore have to be approved by the
grantor, the City of Naples, and Conservation Easement Holder.
(c) Nothing contained herein shall preclude undertaking any restoration or
mitigation on Tract Bland Tract B2 as specified in any permit issued by any
applicable government agency, included but not limited to United States Army
Corps of Engineers, Florida Department of Environmental Protection, and
Southwest Florida Water Management District, either before or after
conveying such property to the City of Naples.
(8) During the Environmental Resource Permit (ERP) process with State and Federal
agencies, Hamilton Harbor will provide a flushing model and report, spill
containment and cleanup plan, and will gather and present data establishing
ambient water quality conditions, and will provide a monitoring program designed
to ensure applicable standards are maintained, in accordance with Sec. 114-134
City of Naples Comprehensive Development Code, and provide a copy of the
report to the City of Naples Natural Resources Director.
(9) The endangered species protections contained within the County's Growth
Management Plan and Land Development Code shall control and be applied to
development occurring within that portion of the Subject Property lying within the
county, including the Manatee Protection Plan and the manatee protection criteria
set forth in the County's Growth Management Plan and Land Development Code
as of December 3, 2002.
. Ver. 004-
CAH!
23
(10) Water management will be conducted according to engineering best management
practices and the requirements of the South Florida Water Management District.
(11) Wetland Buffer--An average of a 25-foot buffer area will be provided around the
wetlands to the south of the project.
. Ver: 004.
CAUJ
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· Ver:o~
CAø43
24
SECTION VIII
PD Land Use District Map
Legal sketch and description of Tracts A, Bl & B2
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-36
Which was adopted by the Board of County Commissioners
on the 8th day of June 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 9th
day of June, 2004.
DWIGHT E. BROC~\C;\;' ¡':j, ~ l/()I.f '
Clerk of Cour~'Êf a.nd ClërJ(',~ '.
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Ex-o ~c~o t8 B0~r..Çl'~. ...,.',
County commi'Ss~9bkfs ,:'':'t ','; ':
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, r:J'¿j'/oa· ,
Deputy Clerk... .'
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