Loading...
Ordinance 94-41 ORDINANCE 94-,.41 ~q ORDINANCE AMENDING ORDINANCE NUIvI3~ 81-~, ~-.., AS AMENDED, RBI,A, TING TO 'I~E ]"d~CO COPSE C0~Z~, A P~ ~XT D~~, *' BY PROVIDING FOR: SE~ION ONE, ~D~S~O ~E I~ PAGE; SE~ION ~O, ~~S TO LIST OF ~IBITS PAGE~ SE~ION ~EE, .~NG PROP~ .O~SHIP; SE~ION FO~, ~ING A~GE ~D D~SI~ AT~IB~ABLE TO ~E PROJE~ ~D D~ING ~E D~PM~ SEQ~C= ~D S~ING~ SE~ION FI~, ~ING ~E N~ OF D~LING ~ITS, USES P~ED R~TIONS; SE~ION SIX, ~DING REG~TIONS FOR RESID~I~ P~ ONE ~S; SE~ION S~, ~ING PRINCIP~ USES ~ S~U~ES ~ P~ ~PROVAL ~QUI~S BY ~DING C~TAIN USES ~ BY ADDING REQ~~S CONC~ING ~Y RECONFIG~TION OF ~E GOLF COPSE; SE~ION EIG~, DELVING ~E NEIGHBO~D CO~CI}.L DESIGNATION~ SE~ION NINE, ~DING ~E ~ICAL DESIGNATIONS FOR ~E ~ILITY ~EA SE~ION OF ~E P~ SE~ION T~, ~DING ~E D~~ CO~I~TS TO ADD A SE~ION P~I~ING C~TAIN I~ROV~S WI~IN RIG~-OF-WAY ~ ~ING ~E ~C.IL DESIGNATIONS FOR ~E D~~ CO~I~S SE~ION OF ~E ~ SE~ION E~, ~DING ~E ~ST~ P~; ~ SE~ION ~, PRO~DI~TG ~ EFFE~I~ DATE ~S, the Board of County C~issioners of Collier C~nty, Florida, adopted Ordinance 81-6 on Feb~a~ 10, 1981, which rezoned the Property from "A" Agi~lture to "~" Pla~ed Unit Develo~entF and ~S, the Board of County C~issioners amended Ordinance 81-6 ~ its adoption of Ordinance 8~-56 on October 8, 1985; and ~S, Johnson Bay Development Co~oration, Petitioner, desires to m~ify the ~ do~en~ to change developmen~ re~lations on certain parcels and to reconfi~l~e ce~ain development parcels and the golf copse; and ~S, Petitioner pe~itioned the Board of County Co~issioners of Collier County, Florida, to amend the Marco Shores Golf Course Community Planned Unit Development Ordinance, being Ordinance 81-6, as amended ~ OrdinanCe 85-56 (herein the "P~ Ordinance"); Words ~ are additions] Words e4~k-4~h~eu~h are -1- NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COU~Tf COMMISSIONERS OF COLLIER COX~NTY, FLORIDA, that: ~ AMENDMENTS TO INDEX PAGE The Index page of the Marco Shores PUD (Ordinance Number 81-6, as amended) is hereby amended as follows: PAGE LIST OF EXHIBITS STATEMENT OF COMPLIANCE PROPERTY OWNERSHIP &DESCRIPTION SECTION I 1-1 PROJECT DEVELOPMENT SECTION II 2-1 . UTILITY SERVICES SECTION III 3-1 ~I~TI-FAMILY SECTION IV 4-1 GOLF COURSE SECTION V UTILITY A~EA SECTIOS DEVELOPMENT COMMITMENTS SECTION ?Ill VII 61-I ~ AMENDMENTS TO EXHIBITS PAGE The Exhibits page of the Marco Shores PUD (Ordinance #Sl-6, as amended) is hereby amended to read as follows: LIST OF EXHIBITS EXHIBIT B Vicinity Map EXHIBIT C Aerial photograph EXHIBIT D Boundary Map EXHIBIT E Site Plan EXHIBIT U Legal Description (See Exhibit D) EXHIBIT H E.I.S. Waiver EXHIBIT J Statement of Conditions for Approval SECTION THREE: A/~ENDMENTS TO SECTION I Subsection 1.04, Title to Property, of Section I, Property Ownership & General Description, of the Marco Shores -2- i,. PUD (Ordinance Number 81-6, as amended) is herel~y amended to read as follows: 1.04' TIT~E TO PROPERTY The property is ~.~;~ ~; The Dcltcn= uartiallv develoued. and ownershin is in multirile paidties at Eth~ present time. The Johnson Bay Develonment CorPoration is the contract uurchaser..~i currently nlatted Tracts B. C-2. ~. M. P and R as deuicted on Exhibit "E". ~ AMENDMENTS TO SECTION IX Subsactions 2.0S, Project Density, and 2.06, Development ., Sequence and Schadulinq, of Section XI, Pro~ect Davalopuent, of the Marco Shores PUD {Ordinance Number 81-6, as amended) are herab~ amended to read as follows: 2.0S PROJECT DENSITY The total acreage of the Marco Shores property is approximately S21 acres. The maximum number of dwellin~ units to be built on the total acreage is The number of dwallin~ units per ~ross acres is approximately ~ 4.9. The density on individual parcels o~ land throughout the pro~ect will vary accordin~ to the type of dwellin~ units placed on each parcel of land. ~ A~E~D~'NTS TO SECTION Subsactions 4.02, Maximum Dwellin~ Units, 4.0~, Units Parmitted~ and 4.04, Ea~ulations~ of Section XV, Multi- ~amily~ of the Marco Shores PUD (Ordinance Number 81-6, as amended) are hereby amended to read as follows: 4.02 MAXX~X~ DWZT~XNG k maximum number of %~OlSa0dwallin~ units may be constructed subject to stipulations in attached ~hlbit 4.0~ ~SES P~XTTED . No buildin~ or structure, or part aractad~ altered or used, or land or water used~ in whole or part, for other than the following: A. Principal Uses: (1) Multi-family residential buildings and sin?l~ family detached. (2) Parks, playerrounds, playSAcids and co~monl~ owne~ open space. Words ~ are additions; Words e~e~ek--~ are deletions. -3- (3) Water management facilities. [4~Gol~ Course uses {1~. (51. and (6~ as ~e~ forth in 5.02.A. B. Principal Uses Requiring Site Plan Approval: (1) Non-commercial boat launching facilities and multiple docking areas with a maximum extension into the waterway of 20 feet. (2) Recreational clubs, intended to serve the surrounding residential area. (3) Individual housing units including townhouses, zero lot line, villas and cjuster housing. (41 Boardwalks. viewine stands or docks. and nature trails not associated with any particular multi-familY development, C. Permitted Accessory Uses and Structures: (1) Customary accessory uses and structures, including parking structures. (2) Signs' as permitted by the Zoning Ordinance of Collier County. (3) Model homes, apartments and sales offices shall be permitted in conjunction with the promotion of the development. chall ~c pc..-=ittcd for Director ==y authcrizc the c::tcncicn of cu~h 4.04 REGUIJ%TIONS AS TO RESIDENTIAL TRACTS Regulations as to Tracts A, T, U and Tracts C-1 & E-L. 4.04.01 MINI~rUMLOTAI~EA: Multi-Family: One (1) net acre. Single Family Detached: 7500 square feet. Other Residential Types: In conformance with approved site development plan. 4.04.02 MINI1473H Y~J~DS: MULTI-F)a{ILY A. From right-of-way lines of public and private roads, thirty (30) feet or one-half (I/2) the height of the structure, whichever is greater. B. From tract boundary lines, twenty (20) feet or one-half (1/2) the height of the structure, whichever is greater. C. Distance between any two principal structures, one-half (1/2) the sum of their heights but not less than twenty (20) feet on the same tract. D. In the case of cjustered buildings with a common architectural theme, these dista~ce~ may be less provided that a site plan is Words l=~leaL~ are additions; Words -~ .......... ' ere deletion~ -4- approved in accordance with Section II. 4.04.03 MINIMUM YARDSz INDIVIDUAL UNITS A. Single family Detached= (1) Front setback 30, (2) Side setback 7-%' (3) Rear setback 20' B. Otherthan single-family detached:' All setbacks in accordance with'the approved site plan. 4.04.04 MAXIR~3M HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES ~ A. Seven (7) stories above the finished grade with option of having one (1) floor of parking beneath the allowable seven (7) stories. B. Accessory structures shall be limited to n maximum of thirty (30) feet above finished grade of the lot. 4.04.05 MINI~ LMNGAREA OF PRINCIPAL STRUCTURES: Principal use structures shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. 4.04.06 OFF-STREET PARKING Principal uses shall provide a~minimum of 1.5 parking spaces per dwelling unit. An additional one-half (.5) space per unit must be reserved for future parking if needed. This reserve area shall be grassed or landscaped. 4.04.07 OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 4.04.08 USABLE OPEN SPACE= For each multi-family dwelling unit, a minimum of one-hundred (100) square feet of usable open'space, exclusive of the golf course area, shall be provided on the site. This space may be provide~ as swimming pools, pool decks, tennis courts, landscaped areas or other common recreational facilities. ~3~ AMENDMENTS TO SECTION IV Subsection 4.05, Regulations for Residential Parcel One, and 4.06, Regulations for Residential Parcel ~o, of Section IV, Multi-Family, of the Marco Shores PUD (Ordinance 81-6, ~ amended) are hereby added to read as follows: Words ~ are additions~ Words .... '-~ ..... ~ are deletions. -5- 4.05 REGULATIONS FOR RESIDENTIAL PARCEL ONE 4.05.01 MINIMUM LOT AREAf Mglti-family: One ~11 net acre. Single Family Detached: 7500 sauare feet. Other Residential TYPES': In conformaries With ~pPr~V~d site development Dlan. 4.05.02 MINIMUM YARDS - MULTI-FAMILY A- Setbacks from Dqrcel boundaries - thirty {30'!. Distance between any two Drinci~al structures. one-half C1[2~ the sum of their heiahts bu~ not less than twenty feet {20']. C. Setbacks from edae of pavement of roadways CDublic or Drivate~ - thirty feet (30'1. D. In the case of cjustered buildings with ~ g~mon architectural theme. setbacks mev_3A~ reduced pursuant to a site development Di~n ~DDrOVed by the Develooment Services Director. E. PrinCipal structures shall' be set back a minimum of 500' from the pavement edae on Mainsail Drive and a minimum of 500' Tract T. 4.05.03 MAXIMITMHEIGHT AND NUMBER OF PRINCIPAL STRUCwI'~.~=S A. Principal structures - twenty (201 stori~ above required flood plain or two (21 leXe;s of Darkina. B. Accessory structures - thirty feet [30'! abate reauired flood plain or two {21 level~ el C. Principal Structures - a maximum of five on this residential parcel. 4,0~,04. MINIMUM LIVING AREA OF PRINCIPAL STRUC~3RES: Principal use structures shall contain a minimum of one thous~Dd ~1.000) Cross souare feet of livinc area mar dwellina unit within principal structure. 4.05.05 OFF-STREET PARKING PrinCiPal uses shall provide a minimum of 2 Darkln~ ~paces per dwellin~ unit. 4.06 REGULAT!QFS FOR RESIDENTIAL PARCEL ~¢O 4.06,01 MINIMUM LOT AREA: Multi-family: One (1] net acre. Sinale Family Detached: 7500 square feet. Other Residential TYPES: In conformance with aDDroved site development Dlall. ~.06.02 MINIMUM YARDS - MULTI-FAMILY []87 Words ~ are additions~ Words ~h are deletions. -6- 4.06.02 MINIMUM YARDS - MULTI-FAMILY A. ~etb~cks from parcel boundaries - twenty feet {~'~ or one-half [1/2~ the heiaht of structure. whichever is areater. 8etbacks from edce of pavement of PUbliC roadways - thirty feet ~. Distance between any two Principal strdctures. ~n~-balf {1/2) the sum of theirheichts, D~t l~s than twenty feet. D. In the case of cjustered buildin~s with a ~om~on architectural theme~ these distances may be less provided that a site develop,~ent plan is aDDroved by the Development Se=vices 4.06.03 MINIMUM YARDS - SINGLE FAMILY A. Single famil~ Detached:: (1% Front setback 30' {2~ Side setback 7-~' (3) Rear setback 20' B. Qther than single-family detached= All setbacks in accordance with the aDDroved site plan. 4.06.04 MAXIMUM HEIGHT A. Principal structures - three (3~ stories ~he resulted flood plain elevation or one level of parking, B. Accessory structures - twenty feet/20') recuired flood Dl~in elevat~0n. 4.06.05 MINIMU~ LIVING AREA OF PRINCIPAL STRUCTURES: Pring~Dal ~2e structures shall contain a seven hundred and fifty [750~ cross sauare fast living area per dwellinu unit within PrinciPal structure. 4.0§~Q§ OFF-STREET PARKING PriDcipal uses shall Provide a minimum of 2 D~Tkin~ 2Dace~..per dwelling unit. SECTION SEVEN: AMENDMENTS TO SECTION V Subsections 5.02, Permitted Uses and Structures, 5.03, Plan Approval Requirements, of Section V, Golf Course, of the Marco Shores PUD (Ordinance Number 81-6, as amended) are amended to read as follows: 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall erected, altered or used, or land or water used, Words Underlined are additions~ Words s~z~e~--tg~ucj~ are deletions. whole or in part, for other than the'following: A. (1) Golf Course (2) Golf Clubhouse (3) Tennis Courts (4) Tennis Clubhouses (5) Transient lodging facilities not to exceed 50 units. (6) Water management facilities: lakes. includin~ la~es with seawall and other tVDeS O[ archi- tectural bank treatment. (71 Sales Oilice. B. Permitted Accessor~ Uses and Structures: (1) Pro-shop, practice driving range and other customary accessory uses of golf course, tennis clubs or other recreational facilities. (2) 8mall commercial establishments, including gift shops, golf and tennis equipment sale=, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrcnu cf the golf course or tennis club or other per- mitted recreational facilities, subject to the provisions of the Zoning Ordinance of Collier County. (3) Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. (4) Signs as permitted in the Zoning Ordinance of Collier County. (5) Maintenance shops and equipment storage. (6) Non-commercial plant nursery. 5.03 PLAN APPROVAL REQUIREMENTS Plans =or all principal and all accessory uses shall be submitted to the Director who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specifica- tions. The perimeter boundary of the overall golf course tract shall be recorded in the same manner as a subdivision plat. A. General Requirements: (1) Overall site design ~hall be harmonious terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. (2) Buildings shall be setback a minimum of fifty (50) feet from abutting residential districts and the setback area shall be landscaped and maintained to act as a buffer zone. (3)Lighting facilities shall be arranged in manner which will protect roadways and Words IA~ are addittonsy Words~ are deletion=. -8- other interference, (4) A site plan shall be'provided showing pertinent structure locations and landscapln.c. [5} Tracts T. U. and E-1 as depicted on the Master Plan and the Marco Shores Unit Plat. are not ovned bv...Petitioner, and_~.r~ developed or under development. ~ese_ tract~ are ~rrentlv conti~ous to the ~olf c~rse. Petitioner a~ees that in any r~onfi~ration of the ~olf course. these tracts will to have a~..~al or areater amount of conti~itv with the aolf course ~ract as described on the record Plat of Marco Shore~ ~: ~DMMS TO SE~ION VI Section VI, Neighborhood C~ercial, of ~e Marco Shores ~ (Ordinance Number 81-6, as amended) is here~ amended by deleting the entire Section as follows: C.Ol ~ a= Ncl~h~crhcod Cc~:rcl=1. local nc!gh~rhc~ =hcpplng and ~ =crvi~ ~ the currcundln~ rccldcntlal arca. Mctall ~ =r= Intcndc~ ~ Include ~ ~e gCc~c '~hlch ~ ~ e .... ~ ......... ~ .... Inci~cntal tc rctai~ c~icc ~rc~ t~~ -~- ,' :: ~ ,'for{:~_ -~--- ~ '~It~ ~ ~ ~ ~ ~h~ ~ .... :II -~-- tract ,o, ['67 Wor~s ~ are additions~ Words ~ are doletions. -10- ~ ~ ~ ~h ~ shall be ~ ~DM~ ~0 S~ION VII Section VII, Utility Area, of the Marco Shores PUD (Ordinance Numbor Sl-6, as amended) is here~ amended to read as follows: SE~ION VII ~ ~ILI~ AR~ ~. 01 P~OSE ~e pu~ose of this Se~ion is to set forth the re~la- tions for the area designated on Exhibit E, Site Plan, as Utility Area. Words ~ are addt~tonsl Words ~ are deZo~ions. -11- ~.02 PERMITTED USES AND 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'following: A. Principal Uses= (1) Potable water treatment and distribution facilities. (2) Sanitary waste water collection treatment and disposal facilities. (3) Utility services equipment, storage and main- tenance. (4) Utility services offices. (5) Lawn or golf course maintenance shops and equilTment storage. (6) Any other use associated with maintenance or utility services when approved by the Direc- tor. (7) Water management facilities. B. Permitted Accessory Uses and Structures: (1) Accessory uses and structures custcmartly associated with the uses permitted in this district. (2) Signs as permitted in the zoning ordinance. ~.03 MINIMUM YARD REQUIREMENTS A. From right-of-way lines of public and private roads, thirty (30). B. All other, none. ~.04 MAXIMUM HEIGHT Thirty-five (35) feet above the finished grade of the lot. ~.05 MINIMUM FLOOR AREA None. ~ AMENDMENTS TO SECTION VIII Section VIII; Development Commitments, of the Marco Shores PUD (Ordinance Number 81-6, as amended) is hereby amended to read as follows: SECTION VIII VII DEVELOPMENT COMI~ITMENTS GZ-01 NATURAL RESOURCES Prior to undertaking any alterations within or elfcoring the ridally-influenced wetland included in the site, the .. ~67 2lJ5 Words l~1:l~jJL~Zt~ are additions~ Words e~-~-4~c=gh are deletions, -12- · a~ltcant shall: A. Obtain all necessary permits, approvals or waivers from county, state and federal agencies; and, B. Limit the extent of alterations within the wetlands areas to reduce short and long term environmental impactsy and, C. Insure that no alteration or filling within the wetland area shall be conducted except as required to improve the access road at its intersection with State Road 951 unless otherwise approved by the Director for work required b~ the future develop- ment of Unit 30, MarCo Shores. OZ.02 DRAINAGE A. Upland'Areas (1) The applicant shall provide all necesssry detailed drainage plans, studies and specifi- cations to the State of Florida Department of Environmental Regulations, the South Flori~a Water Management District and Collier County for approval prior to issuance of permits Collier County. The detailed drainag~ plans shall include the data requested by South Florida Water Management District in their letter of August 29, 1980, and which is made part of this PUD Document. (2) The minimum building floor elevation shall be as indicated on the Flood Insurance Rate for Collier County. B. Wetland Area The applicant shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County, the State of Florida Department of E~viron- mental Regulation and the South Florida Water Management District for approval prior to the issuance of'any construction/development permits by Collier CoUnty. O1.03 PUBLIC FACILITIES A. Sewage Treatment Facility Marco Island Utilities, Inc. will provide sewage treatment facilities for the project. Marco island Utilities, Inc. will provide necessary dctailed plans and specifications for the collection, treat- ment and disposal of sewage from this development to the Department of Environmental Regulation and Collier County for approval prior the issuance of development permits. B. Water Treatment Facilit~es Water treatment facilities will be providsd by Marco Island Utilities Inc. Marco Island Utilities, Inc. will provide necessary detailed plans and specifications to the Department Environmental Regulations and Collier County for Words ~ are additions~ Words e~ek--t~z~h are deletions. -~)- approval prior to the issuance of development permits. Deltona Corporation will constrict additional raw water transmission facilities from the rock pit southward along SR 951 and to the Marco Island Water Treatment Plant by 1984. ~=.04 TRA/qSPORTATION A. Internal The project will be served internally by a system of public and private roads. Public roads will be located within public rights of way as indicated in Exhibit E, Site Plan. Private roads will se.-ve the individual multi-family tracts. B. External Subject to the approval of the Florida Department of Transportation, the developers shall provids improvements as indicated in the attached Exhibit J. Improvements within the riaht-of-wav Mainsail Drive is a divided. multi-lane. riaht-of-wav with a center median. and access to the development parcels in Marco Golf Course Community and to the Marco E~2a~ive Airport. Landscanine within the platted richf- or-way would improve aesthetics. and be of benefit to the community and Marco Executive Airmort. Landscanine within the richt-of-wav is encOUraged. and conceotual approval is hereby civan landscanine and sicnaae within the Dublie richf- or-way. includina the median. subject to the permits reauired pursuant to Ordinance 93-64. that ordinance may be amended. S~.05 FIRE PROTECTION The applicant shall provide for the strategic pl&cement of fire hydrants as required in the Collier County Subdivision Regulations. A fire station shall b~ con- structed in accordance with the Southern S~andard Building Code and as approved by the East Naples Fire Department on a site approved by the East Naples Fire Department. ~1.06 MOSQUITO CONTROL Through proper engineering design and closely coordin- ated construction activities, a positively graded drainage system without numerous or extensive isolated depressions (stagnant water areas) will be created. Those assurances, in conjunction with appropriate lmke maintenance operation, will reduce the potential for increasing mosquito breeding areas within the property. SECTION ELEVEN: AMENDMENT TOMASTER PLj&N The Master' Plan'of the Marco Shores PUD (Ordinance Number Sl-6, as amended) is hereby amended by replacing it with a new Master Plan attached hereto and incorporated heroin as Exhibit "E". Words ~ are addtttons~ Words e~~;h are deletions. -14- ~CTION TWEVE: EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice [rom the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ' :' · DwZC~T z'; sRbC~, CC~RK COLLZ COUNTY, DA. ~ EN , CHAIRMAN · ;j, . MARJOP~E M. STUDENT ASSISTANT COUNTY ATTORNEY PUD-80-40(2) ORDINANCE/12230 Thb onlmmce tried w~h Ww Words~ are additions; Words e~~ are deletions. BTATE OF F~ORIDA ) 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 copy of: Ordinance No. 94-41 which was adopted by the Board of County Commissioners on the lSth day of September, 1994, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of September, 1994. DWIGHT E. BROCK Clerk of Courts. and Clerk El-officio to Boardof .'.'. County CommiesAoners. ",~":~.'/ en~n ' .' .. ~:' ,,,..'.,. ~,',~ ;'1 .-. ~ j" . :..... ,~ ~{ ';'f>~ -