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
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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
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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.
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(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~
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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.
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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.
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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=.
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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.
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~ ~ ~ ~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.
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~.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,
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· 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.
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~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 '
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