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Ordinance 2018-20 ORDINANCE NO. 18 - 20 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 81-6, AS AMENDED, THE MARCO SHORES GOLF COURSE COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), TO ALLOW GROUP HOUSING FOR SENIORS ON RESIDENTIAL PARCEL TWO A, TO ADD NEW DEVELOPMENT STANDARDS FOR RESIDENTIAL PARCEL TWO A, AND TO AMEND THE MASTER PLAN TO INDICATE THE LOCATION OF RESIDENTIAL PARCEL TWO A; AND PROVIDING FOR AN EFFECTIVE DATE, FOR PROPERTY LOCATED NEAR THE MARCO ISLAND EXECUTIVE AIRPORT IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDA- PL20170001345]. WHEREAS, on September 8, 1998, The Board of County Commissioners approved Ordinance Number 81-6, which established the Planned Unit Development (PUD) now known as the Marco Shores Golf Course Community PUD zoning classification; and WHEREAS, the PUD was amended by Ordinance Nos. 85-56, 94-41, 16-37, 16-38 and Collier County Planning Commission Resolution No. 01-29; and WHEREAS, NM Marco Shores, LLC, represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., petitioned the Board of County Commissioners to amend Ordinance No. 81-6, as amended, the Marco Shores Golf Course Community PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION I: AMENDMENTS TO THE PUD DOCUMENT AND MASTER PLAN OF ORDINANCE NUMBER 81-6,AS AMENDED The Marco Shore Golf Course Community PUD Document and Master Plan attached to Ordinance Number 81-6, as amended, is hereby amended as shown in Exhibit "A," attached hereto and incorporated by reference herein. SECTION II: EFFECTIVE DATE [17-CPS-01694/1408190/1] Marco Shores Golf Course Community PUDA-PL20170001345, 4/24/18 Page 1 of 2 This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this (Q.`11�~ day of p C . ( , 2018. ATTEST: BOARD OF OUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIE' 0 • Y, FLO/1r ' Mgr BY: A Anes as to Chairman's Depu •T ANDY SOLIS, Chairman signature only. Approved as to form and legality: ‘Ir Scott A7 Stone Assistant County Attorney Exhibit A—Amendment to Marco Shores Golf Course Community PUD Document and Master Plan This ordinance filed with the Secretary of Stole: Off c:Zia_Mioy of and acknowledgement of that fills=l: received this sgelday .1.10 Riff [I7-CPS-01694/1408190/1] Marco Shores Golf Course Community PUDA-PL20170001345, 4/24/18 Page 2 of 2 Exhibit A Marco Shores Golf Course Community PUD Revised PUD Language SECTION IV MULTI-FAMILY *** *** *** *** *** Text break *** *** *** *** *** 4.07 REGULATIONS FOR RESIDENTIAL PARCEL TWO.A 4.07.01 USES PERMITTED Residential and group housing uses may not be jointly developed on Residential Parcel Two A. Only one of the two uses may be developed. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: (1) Boardwalks, viewing stands or docks, and nature trails not associated with any particular multi-family development, subject to approval, as applicable, through the process required in the Deltona Settlement Agreement (Case Nos. 80-1308 R and YY-76, dated July 20, 19821 (2) Golf Course uses (1), (5) and (6) as set forth in 5.02.A. (3) Group housing for seniors including assisted living, continuing care retirement communities, skilled nursing, memory care and independent living facilities. Not to exceed 240 total units/beds of Group Housing. No substance abuse residents permitted. (4) Individual housing units including townhouses, zero lot line, villas and cluster housing. (5) Multi-family residential buildings and single family detached. (6) Non-commercial boat launching facilities and multiple docking areas with a maximum extension into the waterway of 20 feet. in accordance with Section 5.03.06 of the Land Development Code, and subject to approval, as applicable, through the process required in the Deltona Settlement Agreement (Case Nos. 80-1308 R and YY-76, datedJuly 20, 1982). (7) Parks, playgrounds, playfields and commonly owned open space. (8) Residential clubs,intended to serve the surrounding residential area. Words underlined are additions;words struelk-through are deletions Marco Shores Golf Course Community PUD,PL20170001345 Last Revised 004/24/2018 Page 1 of 4 a Marco Shores Golf Course Community PUD Revised PUD Language (9) Water management facilities. B. Permitted Accessory Uses and Structures: (1) Customary accessory' uses and structures. including under buildinn2 parking. — (2) Signs as permitted by the Collier County Land Development Code. (3) Model homes, apartments and sales offices shall be permitted in conjunction with the promotion of the development, in accordance with the Land Development Code. 4.07.02 MINIMUM LOT AREA: Multi-family: One (1) net acre. Single Family Detached: 7500 square feet. Other Residential Types: In conformance with approved site development plan. 4.07.03 MINIMUM YARDS --MULTI-FAMILY/GROUP HOUSING A. Setbacks from parcel boundaries —twenty feet (20') or one-half(1/2) the height of the structure, whichever is greater. B. Setbacks from edge of pavement of public roadways—thirty feet(30'). for residential structures. C. Setbacks from road rights of way — twenty-five feet (25'), for group housing for seniors. D. Distance between any two principal structures —one-half(1/2) the sum of their heights, but not less than twenty feet (20'). E. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site development plan is approved by the Zoning Division Director. 4.07.04 MINIMUM YARDS - SINGLE FAMILY A. Single Family Detached: (1) Front setback: 25' Words underlined are additions;words struck through are deletions Marco Shores Golf Course Community PUD,PL20170001345 Last Revised 004/24/2018 Page 2 of 4 Marco Shores Golf Course Community PUD Revised PUD Language (2) Side setback: 7-1/2' (3) Rear setback: 20' B. Other than single-family detached: All setbacks in accordance with the approved site plan. 4.07.05 MAXIMUM HEIGHT A. Principal structures — four (4) stories above the required flood plain elevation or one level of parking not to exceed: Zoned Height: 58 feet Actual Height: 72 feet B. Accessory structures — twenty feet (20') above required flood plain elevation not to exceed: Zoned Height: 20 feet Actual Height: 25 feet 4.07.06 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES Principal residential use structures shall contain a minimum of seven hundred and fifty(750) gross square feet of living area per dwelling unit within principal structure for multi-family use. There shall be no minimum unit size for group housing for seniors use. 4.07.07 OFF-STREET PARKING Principal uses shall provide a minimum of two parking spaces per dwelling unit for multi-family use. Parking for group housing for seniors shall be in accordance with the LDC. 4.07.08 ARCHITECTURAL STANDARDS Group housing for seniors shall be subject to the architectural standards under LDC Section 5.05.08. 4.07.09 GROUP HOUSING FOR SENIORS STANDARDS A. Any group housing for seniors facility shall be equipped with an emergency generator with sufficient fuel supply for 7 days. The generator must be sufficiently sized to accommodate the A/C unit(s), and shall be placed at or above the FEMA floodplain elevation. B. To provide for hurricane evacuation mitigation, the developer of a group housing for seniors,except independent senior housing, facility shall provide Words underlined are additions;words struel-through are deletions Marco Shores Golf Course Community PUD,PL20170001345 Last Revised 004/24/2018 Page 3 of 4 0 Marco Shores Golf Course Community PUD Revised PUD Language 50 medical cots deliverable to Collier County within 30 days after SDP approval. SECTION VII DEVELOPMENT COMMITMENTS *** *** *** *** *** Text break *** *** *** *** *** 7.07 PUD MONITORING One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is WCI Communities, LLC, C/O Lennar Corp., Mr. Barry Ernst, 10481 Ben C Pratt Pkwy,Fort Myers,FL 33966. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 7.08 MISCELLANEOUS A. All other applicable state or federal permits must be obtained before commencement of the development. B. Pursuant to Section 125.022(5) F.S., Issuance of a development permit by a county does not in any way create any rights on the part•of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 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SICVA�' ,�-_. ,1) \ 40 z z E,Q mc8iE<=0 Q zzz. waak-Lu ; .. // (I IIS, -ill' 1: It LL LL U W 3 W ]r o :#= N / 9. a o n U C a OJ LL W O O O x o-, zl Lig z / ".\\ / \ m \ \ \ ^ "'�W S W K O O a W % �� ( N amm�zLLUa mcg goo >--- e S O c, II i ;,, "J� /� u it L=iii=g 1• \j... w 16d i 1 , ( , z 3 CO s Ii 3 [ Ie( I m nN .4,1Z I w eE 4 C i i \-11 d al a0 w J r, '41 / _7-� �� . W acc 10 - ��� a.-I H p 1 0 Lu ® . \ Gr , jSi C.z iii b �'I�TII � �( c� � LL \ � �o sia • 4 � - i ti 888 11 r =xis §,? � g1" , gyp ...._1 \ inn (ws Ys)aLYA3111oo V3111o3 41®14®t 4 ;. . �E '<1•COq WBw- FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 26, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-20, which was filed in this office on April 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us