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Ordinance 89-034ORDINANCE 89- 34 AN ORDINANCE AMENDING ORDINANCE 84-42, AS PREVIOUSLY AMENDED ~Y ORDINANCE 88-48, THE MARCO SHORES PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION 2.3.A., LAND USE SUMMARY MARCO SHORES PLANNED UNIT DEVELOPMENT; AMENDING SECTION 2.4., MAXIMUM PROJECT %,DENSITY; AMENDING SECTION 2.7., FRACTIONALIZATION OF TRACTS, TO ADD A NEW .'-'sUBSECTION G.; AMENDING SECTION 4.2, MAXIMUM ~ c- "~ '"~D~ELLING UNITS; AMENDING SECTION 11.4, ~.~ i~'~OJECT DEVELOPMENT AND RECREATIONAL ~i'~ ~ PACILITIES; AMENDING SECTION 11.20, ~AINTENANCE FACILITIES, SUBSECTION a., UNIT .~.~ c~ ~TIPULATIONS AND COMMITMENTS - WATER ,"' AGEMENT ADVISORY BOARD, TO ADD NEW GRAPHS A.5), A.6) AND A.7); AMENDING SECTION 12.5, STIPULATIONS AND COMMITMENTS - TRAFFIC; AMENDING SECTION 12.6, PL~NING DEPARTMENT; AMENDING THE PUD MASTER DEVELOPMENT PLAN, SHEET H-2; AND BY PROVIDING AN EFFECTIVE DATE. ..1 WHEREAS, Vensel and Associates, Inc., representing Deltona Corporation, petitioned the Board of County Commissioners of Collier County to amend Ordinance 84-42, as previously amended by Ordinance 88-48, and NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Ordinance 84-42, as previously amended by Ordinance 88-48, Planned Unit Development Document, Section 2.3.A., Land Use Summary Marco Shores Planned Unit Development, shall be amended to read as follows: LAND USE SUMMARY MARCO SHORES PLANNED UNIT DEVELOPMENT Land Us9 Residential Multi-family Isles Bar J S Good- Unit Unit of Horr's Bay Creek land 30 24 Capri Island MF MF Marina Total 59~=88 142.30 105.89 28.80 12.10 532.08 821.17 ~Single-family :Residential ~:Sub-Total 6~9v~8 142.30 105.89 ~8.80 12.1~ 9~8v~ ~48.58 937.67 49=88 12.60 7.44 1.70 64=74 33.~_~ 55.5~ comm. Facilities ChUrches 35.00 13.20 32.30 4.10 84.60 323.20 10.00 4.70 15.02 352.92 34.00 12.00 46.00 23.10 10.00 33.10 6.80 2.00 8.80 20.00 5.00 25.00 Words underli~ are additions; Words st~Hek-~h=eH~h are deletions. 3'48 Lakes 267.86 30.80 Roads 153.60 23.60 Or. her 79.97 16.07 ~,:"TOTAL PUD ACRES 1625.91 277.57 ~sidential Units 9~9 2544 ,..,. 7000 i~i Development Tract 5T68 9.17 ' Density 4.31 7.44 10.60 0.30 5.54 0.44 142.89 49.04 14.54 300 314 72 2.10 6.40 4.95 298.66 0.81 188.91 102.02 15.83 2133.22 ~40 10230 5r~8 4.80 ordinance 84-42, as previously'amended by Ordinance 88-48, Planned Unit Development Document, Section 2.4, Maximum Project Density, shall be amended to read as follows: 2.4 MAXIMUM PROJECT DENSITY No more than a maximum of ~7~48 10.230 residential dwelling units, single and mulit-family, shall be constructed in the total project area. The gross project is 2133.22 acres. The gross project density, therefore, will be a maximum of 5=~8 4.80 units per acre. The following is a summary of acreage, dwelling units and density of each of the development areas shown on the site development plans. Development Area Dwelling Gross Acres Units DeDsitv Unit 30 Unit 24 Isle of Capri Horr' s Island Barfield Bay MF '~.Joh~ Stevens Creek Goodland Marina 1,625.91 97~ 7.,000 -5r69 4.31 277.57 2,544 9.17 7.44 0 N/A 142.89 300 2.10 49.04 314 6.40 14.54 72 4.95 15.83 0 2,133.22 }~T~48 104230 5=78 4.80 ~ECTION THREE: Ordinance 84-42, as previously amended by Ordinance 88-48,. Planned Unit Development Document, Section 2.7, Fractionalization of Tracts, shall be amended to add a new Subsection G., to read as follows: 2.7 FRACTIONALIZATION OF TRACTS When the developer sells an entire Tract or a building parcel (Fraction of Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Zoning Director for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract ant the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master '.~an showing the fractional parcel also shall be submitted. Words ~ are additions; Words s~=u=k-~hrough are deletions. De In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.?A. in fractional 9arts to other parties for development, the subsequent owner shall provide to the Zoning Director for approval, prior to development of the tract by the developer or prior to the sale to the subsequent owner of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. The developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section 2.6 of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site development plan for his tract or parcel in conformance with the Zoning Ordinance requirements for site development plan approval. This plan shall be in compliance with any approved Conceptual Site Plan as well as all criteria within this document. In evaluating the fractionalization plans, the Zoning Director's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. If approval or denial is not issued within twenty (20) working days, the submission shall be considered automatically approved. In the event the Developer violates any O~ the con~tions of this PUD OrdinaDce, or otherwise fails to act in full compliance with this PUD 0rdi~nce, th~ county shall, pursuant to the notice add hearing .. re~uirements of this Section: (1) ~taY th~ effectiveness of this PUD 0rd~nance; add (2) Withhold further permits, approvals and services for develoDment. The above County actions shall aDDIy tQ the tract oF parcel, or Dort~on of the tract or parcel, upo~ which the violative activity or conduct has occu~Fed, ~s ~ prerequisite to such action, the Board of County Commissioners shall conduct a Public hearing, followin~ notice as 9rovided below, to consider the ~a%~er and adopt a resolution findinq that such a violation has occurred. ~_~a~ion takes Place. the County shall ~ive th~ violato_9/ w~t%eD Dotice by certified mail, return receiDt ~e~uested. Said notice sha~ state th~ The nature of the alleged violation; Words ~ are additions; Words s%~uek-~hreugh are deletions. --3-- 350 The tract or Parcel. or portion of the tract or parcel, uDo~ which the violative activity or conduct has occurred: and That the violation must be cured within fifteen (15) days of the date of the notice, unless it is not curable within fifteen fl5) days in which ~vent the v~olator wi~ so advise the county in writing within seven (7) days of receipt of this notice; and That if the violation is not cured within such time period, the Board of County Commissioners shall hold a public he~rinG tQ cQnsider the matter; and That the hearing must be held ~o l~ss than fifteen (15) days DOT Dor~ than thirty ¢30) days from the date o~ the nQt~ce, In the event that the violator a~vises the county the violation is not curable within the fiftee~ day period, the violator's ~0%~meD~em~Dt of diligent. Good faith ~fforts to cure ~aid violation within this Period shall obviate the nee~ to hold the public bear~Dg. The pUD Ordinance shall remain in.full force and effect durinq the pendency of the cure Deriod. In the event the violat0¥ ~ails to commence dil~qeDt qood faith efforts to cure ov to pursue the curative action to completion within a rea~ona~ time as determined by the CountY. the County shall Give written notice as set forth herein. The ~rovisions of this Section sha~l apDly to vio~ation~ by the Develomer. its a~eDts. Grantees, successors or assigns. For Purposes of this Section, the word "tract" or "parcel" shall be defined tQ mean any area of ~v~lo~m~nt created bv plat or otherwise delineated as ~ separate development a~ea, Ordinance 84-42, as previously amended by Ordinance 88-48, Planned Unit Development Document, Section 4.2, Maximum Dwelling Units, shall be amended to read as follows: 4.2 MAXIMUM DWELLING UNITS A maximum number of multi-family dwelling units may be constructed. DEVELOPMENT AREA-~ TOTAL MF DWELLING UNITS Unit 30 8T84~ Unit 24 2,544 Barfield Bay MF 314 John Stevens creek 72 Horr's Island 300 Isle of Capri 0 Goodland Marina ,~ Total Multi-family Units ~T~ ,oo 035 351 10.00! Words ~ are additions; Words s~=uek-%hre~gh are deletions. Ordinance 84-42, as previously amended by Ordinance 88-48, Planned Unit Development Document, Section 11.4, Project Development And Recreational Facilities, shall be amended to read as follows: 11.4 PROJECT DEVELOPMENT AND RECREATION FACILITIES The proposed development is iljustrated in Exhibit "A". The proposed construction shall comply with all standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit "A" development plan shall be provided and completed in timing with the adjacent residential units. e~ns~e~-whefl-~eas~b½e-~-se~ve-~he-su~u~ des~na~ed-s~es-~m-eon~o~man~e-w~%h-~he-~eYe~opme~-meeds o~-%he-p~oge¢~= The ~orthern_.qolf course iD planned to be constructed by a resort hotel corDcr-~tion._ This course will bg...primaril¥ for the recreational use of theSr quests. Secondarily, residents of the Unit 30 area will have access to this course on an as-space-is-available basis, and the public may have access on a similar basis. The southern qolf course' in Unit 30 shall be constructed when feasibl~ to serve the surroundinq residential units. The southern qolf course and tennis centers shall be privately owned facilities and constructed on the ~s~qDated site in conformance with the development needs of the project. Neighborhood parks, hiking trails, vita courses, and other community recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled for donation to the county as part of the development plan are community facility sites, school sites, neighborhood park sites. Prior to dedication of the school sites to the county, they will be filled to minimum county elevation. Neighborhood park sites will be dedicated to the county upon their completion in conformance with the developer's progressive development schedule of the project. ~h~o community facility sites will be dedicated to the East Naples Fire Control District. These two sites are the northernmost community facility site in Unit 30 and a community facility site on the east-west road in Unit 27 near the airport. Each of these two sites will be a minimum of two acres and will be dedicated directly to East Naples Fire Control District. The additional community facility sites will be dedicated to the county upon completion of their land development including the construction of the road system serving these areas. 'OO~ ~~~P~q~ Words ~]L~kg~are additions; Words st~uck-th=~ugh are deletions. Ordinance 84-42, as previously amended by Ordinance 88-48, Planned Unit Development Document, Section 11.20, Maintenance Facilities, Subsection A., Unit 24 and Unit 30, shall be amended to read as follows= A. Unit 24 and Unit 30 The Deltona Corporation w~-erea~e may create a community development d~strict for the Unit 30 area. If such a district i~ crea~ed i~ will.GomDlv with the following re~uireme~s, If The Deltona Corporation creates a community development district ("The Marco Shores Community Development District") pursuant to Chapter 190, Fla. Stats. all the property in Units-B4-an~ 30 will be included within the Marco Shores Community Development District. The Marco Shores Community Development District will own and will have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and facilities: (1) Any drainage facilities and rights-of-way {streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within Unit ~4-an~ 30, including lake and lakeshore maintenance; (3) Parks, other than those parks immediately adjacent to school sites which will be dedicated to the County; (4) Certain recreational amenities and facilities which are not owned and operated by The Deltona Corporation, other private interests or individual condominium associations; (5) Street lighting, and; Such other common areas and facilities which are desired by the residents of the Marco Shores Community Development District but which are not available through local government or private enterprise. Chapter 190 Fla. Stats. grants community development districts created thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and special assessments, borrow money and issue bonds. The Deltona Corporation will have the responsibility for the Marco Shores Development District until it is turned over to the residents as provided under Chapter 190 Fla. Stats. Words underlined are additions; Words s~uek-~h~sugh are deletions. Ordinance 84-42, as previously amended by Ordinance 88-48, Planned Unit Development Document, Section 12.1, Stipulations A~d Commitments - Water Management Advisory Board, shall be amended to add new Paragraphs A.5), A.6) and A.7), to read as follows= 12.1 STIPULATIONS AND COMMITMENTS - WATER'MANAGEMENT ADVISORY BOARD ae Conditions Recommended by Water Management Advisory Board: (1) Staff recommends approval for all development areas of Rezone Petition R-84-7C with specific regards to P.U.D. Zoning Classification. (2) Staff recommends Conceptual Drainage Approval of the following development areas: (a) Unit 30 (b) Unit 24 (c) Goodland Marina (3) Resubmission to WMAB for Conceptual Drainage approval for the Isle of Capri Business Tract and the unique development areas of Horr's 'Island, Barfield Bay Multi-family and John Stevens Creek will be required that includes site specific information and coordination of recommendations made by the County Environmentalist in Memorandum dated April 27, 1984 as may be amended and endorsed by EAC. (4) Detailed site drainage plans for all development areas shall be submitted to the W.M.A.B. for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer and the Water Management Advisory Board. Detailed site drainaqe plans showing the effectiveDess of the aolf course ~ake sysCem and the e×teDt of the water manaqement system, ~ncludinq spreaders, that w~tl be constructed as part of the initia% phase qha~l..be submitted to ~roject Review Services for review. Fo construcCion permits shal~ be issued unless add unt%T approval of the proposed construction ~B a~ordance with the submitted plans is eranted by Project Review Services. (6) ~istoricallv, off-site flows have been an~ continue to be routed through ~ e~sterlv portion of the Proposed development, Should existinq routina of off-site flows be impacted.by the.~nitial proposed development, provisions sh~ be made for re-routin~ and/Or continuinq CO ~low historic off-site flows C~ pass thru tb~ inlt{.al Dbase ProPosed for development, (7) ~ased on prior commitmeqts, Ordinance 88-~6 ~s ~Q apPlY except as Section 8 thereQf is modified by. the approved "Conceptual Drainage Plan. Marco Words underlined are additions; Words st~uek-%h=eugh are deletions. Shores Unit 30"~ ~beet G-1. dated January 1984. "TYPical Lake Sgg~gD". with respect to lake SloDes and depths, ~nd further, the lake setbacks from abutting ri~hts-of-wav will not be reGuired provided safety b~riers Cwhich may include landscaping with berms) are utilized to the extent that such ~e%bag~s ar~ DQt met. nor will the restoration requirements cQDt~ned in Subsection F aDD1V. SECTION EIGHT: Ordinance 84-42, as previously amended by Ordinance 88-48, Planned Unit Development Document, 'Section 12.5, Stipulations and Commitments - Traffic, shall be amended to read as follows: 12.5 STIPULATIONS AND COMMITMENTS - TRAFFIC Subject to FDOT approval, the developer shall provide the followin%: Traffic signals at each of the new intersections created on SR-951 and US-41 when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. All required auxiliary turn lanes at each new intersection created on SR-951 and US-41. e~---ene-~h~rd-e~-%he-eest-eE-meeded-add~ena~-%a~rn-~anes e~-~he-~ntersee~en-ef-~S-4~-and-SR-9$~-~e-~he-ex~en~ ~ha%-s~eh-=es%s-a~e-no~-~nc}uSe~-~-a~y-~a~-sha~e eon~v~b~en= B~---eeerd~nat~en-~e-ach~eve-p~epe~-~es~,~n-e~-an &ntersece~en-w~h-gS-~-~n-ehe-v~e~m~M-e~-Manetee Rea~ Street lighting at major entrances into the development. D. The developer's contribution of the 18.4 acre fill source ior the ~ill needs o~ the entire redeve%opmeD~ of $E-95~ sha%l coDst~tute its eDt~re fair shave Qblioation for surroundinc traffic related construction with the e×ceDtion of required improvemeDts at newly created developmen~ road intersections with SR-951 and US-41 and compliance time o~ building permit with Collier County ord~nan~ 85-55, as may be amended from time to time. The developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer. The-~ro~ec~-she~-~e-s~b~eet-~o-~he-p~ov~s~ons-o~-~he-U~a~ she~eU-o~flenee-now-~fl~er-s~y-by-~he-eo~n~y~ Ordinance 8~42, as previously amended by Ordinance 88-48, Planned Unit Development Document, Section 12.6, Planning Department, shell be amended to read as follows: Words ~ are additior{s; Words s~ruek-threHgh are deletions. PLANNING DEPARTMEN~ The Planning Department reviewed this petition and has the following recommendations .' ae That the Staff report recognize that SR-951, after fouz-laning, will be approaching its capacity in 1990 and hi,at appropriate recommendations be made to include the future 6-1aning of the northern most section in the county's Comprehensive Plan. That-the-on~y-phas{ng-sehedu}e-~me}~ded-&n-~he-PUB-be ~ne~½~-be%ween-~%-~e-amd-~n~-~= The Dhasin~ schedule included ~D the PuD shall be coDsldere~ bindinc only insofar as that no roadway conn~=tion from Unit 30 shall be made to $R-951 until such time as SR-951 is four-lamed or September 1. 1990. whichever occurs first. As of September 1, 1990 the roadway connection may be provided to serve the northern colf course and clubhouse facilities. Be~inninq o~ September 1, 3.992 or whenever SR-951 is four-laDed, whichever is sooner, residential units Unit 30 may utilize road connections to SR-9§~, provided, however, that unti~ such time as SR-95~ i_s four-lamed only a maximum of 200 dwellinq units may be so connected to the area commencinc annually fram September 1, 1992. Notwithstandinq the foreqoin~, in the event a buildinq moratorium is imposed by Collier County with respect to development with 41rear access to SR-95~ because of unacceptable levels of service, as determined by the Board o~ couDty Commissioners, on SR-951, deve~0pment iD Uni~ $0 of the Marco Shores Puo wil~ be subject to such a moratorium; provided, however, any such moratorium is not intended to apply to construction of the northern clubhouse facilities. Also, no construction traffic shall be Permitted to access SR-951 until such time as SR-951 is four-laned. That Unit 24 be prohibited from any development until SR-951 is 4-1aned or the applicant be required to donate to the County the cash equivalent of the construction cost for the 4-laming of 500 feet of SR-951. This donation, to be used by the County .. solely for the 4-1aning of 951, shall be determined according to FDOT's SR-951 construction plans and shall be made either prior to Unit 24's a) development in whole or in part or b) the transfer to any other person or entity of any ownership interest or right to control Unit 24, in whole or in part. This donation shall be independent of the other fair-share contributions included within these recommendations. De That the Isle of Capri Commercial PUD, due to the level of service of SR-951 closely approaching "D", be prohibited from any development until SR-951 is 4-1aned. sha~eU-%~wa~ds-~he-~eu~s~x-~an~n~-e~-SR-9$~-and ~S-4~T-az-may-be-deemed-app~op~a~e-~fl-~he-~u~u~e? ½n~e~se~en-~mpreveme~s-a~-~S-4~-a~d-SR-95~-~e-~he Words ~ are additions; Words s%~u=k-%h=e~gh are deletions. That the applicant be responsible for the reconstruction of the intersection of SR-92, with the road to Horr's Island and John Stevens Creek. In the event that the State purchases Horr's Island, Deltona will not be obligated to bear the cost of improvement to that portion of the intersection. If the marina is developed, the applicant be responsible for the reconstruction (if necessary) of the intersection of SR-92 and the road to Goodland. ~n~e~se~ons-as-deemed-app~op~a~e-by-~he-e~un~y The developer's contribution to the County of an 18.4 acre lake as a source for all the fill needs of the entire redevelopment of SR-951 shall constitute it~ entire fair share obligation for surroundiDg traffic related construction with the exception of needed improvements at newly created development road intersections with SR-9§i a~d US-41 and compliance at time of buildin~ permit with Collier county Ordinanc9 85-55, as amended ~rom time to timg. AnY construction road installed from un$~ $0 %0 U.$, Highway 41 will be made available to CoOl,er County as an alternative em~qepcy evacuation route upon Fequest b¥ the appropriate Collier County ~overnmental official. Although the applicant does not intend to construct the causeway road connection between Unit 30 and Unit 27 throuah the preserve area as shown on Sheet H-3, Collier County reserves the right to construct this causeway and the aDPl~can~ agrees to provide th~ necessary riaht-of-wav for said causeway construction upon request bv Collier county and a showing by the county that it has the necessary funds budgeted for said construction. It is intended that these recommendations supplement any other transportation related recommendations. If any of these recommendations conflict with any other recommendations, then the more restrictive should apply. Ordinance 84-42, as previously amended by Ordinance 88-48, Planned Unit Development Master Development Plan, Sheet H-2, is hereby amended as shown on the attached Exhibit "A", attached hereto and incorporated by reference herein, said Exhibit showing the 5.3 acre and 3.9 acre Business tracts changed to Multi-Family tracts. Words ~ ars additions; Words s~=~ek-%h~m~h are deletions. " SECTION ELEVEN: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATE: JUNE 13, 198R .'JAMES C. GILES,"CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN 'APPROVED AS TO FORM AND LEGAL SUFFICIENCY RJO~iR M. STUDENT ASSISTANT COUNTY ATTORNEY This ordinon¢~ Secretary of ,S~te's Offic#At;._.~ and ocknowTedget~e~n~' .of_ that MARCO SHORES ORDINANCE 035- . 358 Words ~ ~re ~ddttions; Words $~u~-th:~u~h ~re delet;~s. UN--2 I. ilE:D. 9 -' :~,6 NI::IyNI= VENSEL P . 02 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, 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. 89-34 which was adopted by the Board of County Commissioners on the 13th day of June, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of June, ~989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of .' County Commissioners i By: /s/Louise Chesonts '.. ? ' Deputy Clerk '.. RESOLUTION 89- 149 RESOLUTION AMENDING THE DEVELOPMENT ORDER 84-3, AS PREVIOUSLY AMENDED BY RESOLUTION 88-117, FOR MARCO SHORES PLANNED UNIT DEVELOPMENT BY AMENDING SECTION 2, SUBSECTION D, FINDINGS OF FACT; AMENDING SECTION 4, SUBSECTION C.2., HURRICANE EVACUATION, AND AMENDING SUBSECTION D.i., PROJECT DEVELOPMENT AND RECREATIONAL FACILITIES, AND AMENDING SUBSECTION D.9., TRAFFIC, AND AMENDING SUBSECTION D.15.A., MAINTENANCE FACILITIES, UNIT 30, AND AMENDING SUBSECTION E.2~, RECREATION AND OPEN SPACE; AMENDING SECTION 8; AMENDING SECTION 11, AND THEREBY CREATING SECTION 12, EFFECTIVE DATE. WHEREAS, Vensel and Associates, Inc., representing Deltona Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Marco Shores Development Order, Collier County Development Order 84-3, as previously amended by Resolution 88-117, and NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners that Marco Shores Development Order Section 2, Subsection D, Findings of Fact, shall be amended to read as follows: DJ The applicant proposes the development of Unit 30, Isle of Capri Commercial area and Horr's Island all of which are part of the Marco Shores PUD. Unit 30 consists of 1645.91 acres; 848~ 677~ multi-family units, 400 townhouses and 229 single-family for a total of 9}}8 7QQQ dwelling units at a gross density of 5=5~ 4.31 units/acre; business sections; sites for parks, recreation areas, schools, utility facilities, community facilities, churches; and lakes and roads. Isle of Capri Commercial Area previously designated for neighborhood commercial uses has been amended by' the Board of County Commissioners to permit a 150 room hotel with accessory uses and restaurant and utility site. Horr's Island is 212.89 acres, 300 multi-family dwelling units at 1.41 units/acre with parks and recreation area. Marco Shores Development Order Section 4, Subsection C.2., Hurricane Evacuation, shall be amended to read as follows: 2. Hurricane Evacuation The applicant shall use a minimum first habitable floor ele%ation as designated by the Flood Insurance Rate Maps or Collier County Building Code (18" above crown of road), whichever is greater. b. A homeowners' association shall be established to provide education to residents concerning hurricane Words underlined are additions; Words s~r~ek-~h~u~h are deletions. -1- evacuation, shelters, etc. eT ..... The-app~ea~-sha~-pay-fer-e-~a~r-sha~e-e6 a~-evae~a~en-~e~e~ The applicant's contribution of an 18.4 acre lake for excavation for the entire amount of fill necessary to rebuild SR-951 shall constitute its fair shaFe contribution towards the residents use of SR-9$~ as a~ evacuation route. See Sheet H-2. All public and semi-public facilities including the dedicated school sites and all recreational facilities and meeting halls shall be made available as storm refuge space. A practical hurricane evacuation plan shall be prepared and implemented for the area. SECTION THREE; Marco Shores Development Order Suction 4, Subsection D.i., Project Development and Recreational Facilities, shall be amended to read as follows: Project Development and Recreational Facilities: The p~posed-deve~epmen~-~s-~us~a~ed-~-E~h~b~-ueu= The proposed construction shall comply with all standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on the Exhibit "C" development plan shall be provided and completed in timing with the adjacent residential units and as specified in the PUD document. The northern ~olf course in Unit 30 is Planned to be constructed bva reso~ hotel corporation. This course will be used primarily for the recreational use of their auests. Secondarily, residents of Unit 30 will have access to th~s ~0uFse on an as-space-~s-avai~able basis, and the public ma~ have similar access. The southern golf courses in Unit 30 shall be constructed when feasible to serve the surrounding residential units. The soutbeF~ golf course and tennis centers shall be privatelv_owDe~ facilities and constructed on the designated sites in conformance with the development needs of the project. Neighborhood parks, hiking trails, vita courses, and other community recreation facilities shall be constructed and completed in conformance with the general development schedule of the project. Those facilities scheduled for donation to the county as part of the development plan are community facility sites, s::nool sites, neighborhood park sites. Prior te dedication of the school sites to the county, they will be filled to minimum county elevation. Neighborhood park sites will be dedicated to the county upon their completion in conformance with the developer's progressive development schedule of the project. Two community facility sites will be Words underlined are additions; Words s~=uek-~hreu~h are deletions. dedicated to the East Naples Fire Control District. These two sites are the northernmost community facility sites in Unit 30 and a community facility site on the main east-west road in Unit 27 near the airport. Each of these two sites will be a minimum of two acres and will be dedicated directly to East Naples Fire Control District. The additional community facility sites will be dedicated to the county upon completion of their land development including the construction of the road system serving these areas. Marco Shores Development Order'Section 4, Subsection D.9., Traffic, shall be amended to read as follows: 9. Traffic Subject to FDOT approval, the developer shall provide the following: (1) Traffic signals at each of the new intersections created on SR-951 and US-41 when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. (2) Ail required auxiliary turn lanes at each new intersection created on SR-951 and US-41. ~3~--e~e-eh&r&-o~-~he-eos~-e~-~ee~e~-add~&ona~-~rn ~anes-a~-~he-~e~se~o~-e~-~S-4~-afl~-SR-9$~ ~4~--eoe~d~nae~en-~e-aeh~eve-prepe~-des~gm-ef-aR ~n~ersee~eR-w~h-~S-4~-~R-~he-v~e~n~y-o~ Mamaeee-Roed~ Street lighting at major entrances into the development. ~re-b~kepa~hs-a~em~-SR-95~-~ren~a~e~ be The developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer. ev---The-deve~eper-sha~-be-s~bgec~-%e-~he-prev~s&ens-o~ ehe--Fa~r-Sha~eU-erd&nanee-new-~nder-se~dy-by-~he eeun~y~ d?---The-phas&ng-sehedu}e-&me½uded-&m-~he-P~B-be-eens&dered b~d~-en~y-~se~a~-as-~ha~-~e-~eedway-een~ee~e~s ~rem-Fm~-~e-be-made-~e-SR-9$~-~m~-sueh-~me-es SR-gB~-~s-4-~amed~--~h~s-dees-ne~-pree~e-a eemmee~½em-~eeween-~m~-B~-amd-~m~-~ c. The Dhasina schedule included in the PUD shall be ~onsidered bindina only insofar as that no roadway constructions from Unit 30 shall be made to SR-951 uDtil sucre_time as $R-951 is four-laned or SeDtember ~_~~ichever occurs first. As of SePtember 1. 1990 the_~adwav connection may be provided to serve ~he northern cell course and clubhouse facilities, Beainnin~ on September 1. 1992 or whenever SR-951 is ~gur-laned. whichever is sooner, residential units in Unit ~0 may utilize road connections to SR-951. provided, however, that until such time as SR-951 is Words underlined are additions; Words s~=~ek-~h=e~h are deletions. four-laned only a maximum of 200 dwellina units may be so connected to the area commencina annually from September 1. 1992. Notwithstanding the fore~oin~, in the event a buildin~ moratorium is imposed by Collier County with respect to development with direct access to SR-951 because of unacceptable levels of service. as determined by the Board of County Commissioners. on SR-951. development in Unit 30 of the Marco Shores PUD will be subject to such a moratorium: provided. however, any ~uch moratorium is DOt intended to aDD1V to construction of the northern ~olf course and clubhouse f~giliti~s. Also. no constru~ion traffic shall be Permitted to access SR-951 until such time as SR-951 is ~our-laDed, d.e= That Unit 24 be prohibited from any development until SR-951 is 4-1shed or the applicant be required to donate to the County the cash equivalent of the construction cost for the 4-1aning of 500 feet of SR-951. This donation, to be used by the County solely for the 4-1aning of SR-951, shall be determined according to FDOT's SR-951 construction plans and shall be made either prior to Unit 24's a) development in whole or in part or b) the transfer to any other person or entity of any ownership interest or right to control Unit 24, in whole or in part. This donation shall be independent of the other fair-share contributions included within these recommendations. e.~ That the Isle of Capri Commercial Tract PHB, due to the level of service of SR-951 closely approaching "D", be prohibited from any development other than site preparation, which is defined in the PUD document, until SR-951 is 4-1aned. sha~eU-~ewa~ds-~he-fe~s~-~a~-ef-SR-95~-a~d h=---Tha~-~he-app}~eenb-be-=espens&b}e-~e=-~he--eesb-e~ ~a~erseee~o~-~mp~ovemea~s-a~-~S-4~-and-SR-95~-bo-the share-eon~b~on-men~oned-~n-~4~T That the applicant be responsible for the reconstruction of the intersections of SR-92, with the road to Horr's Island and John Stevens Creek. In the event that the State purchases Horr's Island, Deltona will not be obligated to bear the cost of improvemen~ to that portion of the intersection. ~.9~ If the marina is developed, the applicant be responsible for the reconstruction (if necessary) of the intersection of SR-92 and the road to Goodland. The developer's contribution of the ~8,4 acre fill source for the fill needs of the entire redevelopmeDt of SR-951 shall constitute its entire fair share 9~li~ation for surroundina traffic related copstruction with the exception of reguired improvements at newly created deve~opmept road intersections with SR-951 and US-41 and compliance at the time of buildin~ permit with Collier County Ordinance 85-55. as amended from time to time. The fill cont'L~bution, any required intersection improvemgJlts and compliance with Ord~Da~ce 85-~5 are hereby d~r~ined to satisfy the coDditipnS of former Section 4. D. 9. K.¢4) of Collier Coupty Development Order 84-3. i. Although the applicant does not intend to construct Words ~ are additions; Words s~Hek-%h~sH~h are deletions. the causeway road connection between Unit 30 and Unit 27 throuah the preserve area as shown on Sheet Collier County reserves the riaht to construct this Causeway and the applicant aarees to provide the necessary right-of-waY for said causeway construction uDon reouest bY Collier County and a showin~ by the County that it has the necessary funds budaeted for ~aid con~truction. Any construction road installed from Unit 30 to U.S. Highway 41 will be made available to Collier County as an alternative emeraencv evacuation route uDon reauest by the appropriate Collier County ~overnmental official. Marco Shores Development Order Section 4, Subsection D.15.a., Unit 30, shall be amended to read as follows: 15. Maintenance Facilities Unit 30: The Deltona Corporation w&½~-ere~e ~ create a community d~velgoment district for the Unit ~0 area. If such a district is crea%ed it will COmDly with the followin~ re~uirements. If the Deltona Corporation creates a community development district ("The Marco Shores Community Development District") pursuant to Chapter 190, Fla. Stats. A}½ ~ of the property in Unit 30 will be included within the Marco Shores Community Development District. The-Ma~ee-She~es-eemmu~y-Beve~e~men~ B~s~e~-a½so-w~½~-½ne~de-~n~-~4-wh~eh-~s-no~-pa~ The Marco Shores Co~tmunity Development District will o~ and will have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and facilities: Any drainage facilities and rights-of-way (streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within Units 24 and 30, including lake and lakeshore maintenance; (3) Parks, other than those parks immediately adjacent to school sites which will be dedicated to the County; (4) Certain recreational amenities and facilities which are not owned and operated by The Deltona Corporation, other private interests or individual condominium associations; (5) Street lighting, and; (6) Such other common areas and facilities which are desired by the residents of the Marco Shores Community Development District but which are not available through local government or private enterprise. Chapter 190 F~a. Stats. grants community development districts created thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and special assessments, borrow money and issue bonds. The Deltona Corporation will have the Words underlined are additions; Words s~uek-~h~eugh are deletions. ,oo 035 3'65 responsibility for the Marco Shores Community Development District until it is turned over to the residents as provided under Chapter 190 Fla. Stats. Marco Shores Development Order Section 4, Subsection E.2., Recreation and Open Space, shall be amended to read as follows: 2. Recreation and Open Space: ao Deltona will make available neighborhood parks, bikeways, and exercise courses as show~ in the Marco ADA and in accord with the phasing ~chedule in the PUD document. These recreational facilities will be dedicated to Collier County for use by the public. Deltona will also provide sites for numerous other recreational facilities, including golf courses and tennis facilities, as shown in the Marco ADA. However, these facilities may be reserved for use solely by the residents of the Marco Development Areas and their guests. The construction of the northern eighteen hole Golf course in Unit 30 will be used primarily for the recreational use Qf their quests, Secondarily. residents of the Unit 30 area will bav~ access to this course on an as-sDace-is-availabl, basis, and the Dublic may have access on a similar basis. The southern Golf course wil~ be constructed when feasible to serve the surrounding residential units. These Golf facilities will be privately owned, bo Deltona shall preserve the historic Herr Homestead located on Horr's Island. This historical site will open to the general public; however, access may be available only by boat and reasonable restrictions may ba imposed on the public's access to the site. SECTION SEVEN~ Marco Shores Development Order Section 8, shall be amended to read as follows: Section 8. Tha~-~h&s-e~dee-sha~A-Be-b~mdi~-upem-~he-Beve~epe~ ess*~,ees-eF-sueeesseFs-*~-&n~eFes~T This Order shall be binding uDon the Developer. assignees or successors in interest: provided, however, tb~ obligations contained herein with respect tO dedication o~ Public safety facility sites, sohool sites. Dark s~tes, bikeways and exercise courses, fill for St~e ~oad 9~, Drovisi0n o~ Dro4ect water add sewer ~reatment plan facilities, construction of infrastructure beyond the bounds Qf the northern qO~ course and such other obligations which do not d~rectly re~ate to the deve~o9ment and operation of the northern ~olf course, shall be the responsibility of the Developer of the res~dentia~ and business areal_of this DRI and Dot that o~ the developer Of the northern qQ~f course= SECTION EIGHT: , Marco Shores Development Order Section 11, shall be amended ~ to read as follows: Words ~ are additions; Words s~ek-~h~Hgh are deletions. -6~ ,oo 3'66 Section l~. ?A~s-res~ute]:en-sha~.~.-beeeme-e~ ~ee~ ~ve-as-p~ev4-ded In the event the Developer violates anY of the conditions of this Development Order. or otherwise fails to act in full compliance with this Development Order. the County ~ha11. pursuant to the notice and hearina reauirements of this Section= Stay the effectiveness of this Development Order; and Withhold further permits, approvals and services for development. The above County actions shall aDDlV to the tract or marcel. 9r portion of the tract or marcel, UDOn which the violative activity oF c0~duct has occurred. As a prere~uisi%~ %0 such action, the Board of County Commissioner~ shall c0Dduct a public hearina, followin~ notice as provided below, to consider the matter and adopt a resolution find[n~ that such a violation has occurred. If a violation takes place, the County shall ~ive the violator written notice by certified mail. return receipt reaueste~. Said Dotice ~hall state the followinq~ The nature of the alleged violation: and ¢21 The tract or parcel, or portion of the tract or marcel, upon which the violative activity or conduct has occurred: and {'31 That the violation must be cured within fifteen (151 days of the date of the notice, unless it is not curable within fifteen (151 days in which event the violator will so advise the County in writina within seven (71 days of receipt of this notice; and (4) That if the violation is not cured within such time method. ~b~ Doard of CoUDty Commissioners sha. l~ ho~d a Public hearin~ to consider the matter: and (5) That the hearin~ must be held no less than fifteen ~151 days nor more tbaD thirty (301 days from the dat~ of the notice, In ~he event that the violator advises the County that th~ violation is not curable within the fifteen {151 dai peri0~, ~he violator's commencement of diligent, good ~aith efforts to cure said violation within this period shal~ obviate the need to hold the public hearin~. The Development Order shall remain in full force and effect durin~ the Pendency of the cure period. ~n th~ 9v~nt th9 violator fails to commence diligent ~ood faith efforts to cure or to pursue the curative a~tio~ tO completion within a reasonable time as deter~ined by the goun~v, the County shall ~ive written notice as s~t ~orth herein. The provisions of this Section shall amPlY to violations by the Developer,_its a~eDts, arantees, suc09sSO~s OF ~ssi~ns. For DUrDOSeS_~ this Section. the word "tract" or "parcel" shall be defined to mean any area of development created by plat or otherwise delineated as a separate development 3'67 Words ~ are additions; Words str~ek-th~e~gh are deletions. -7- Marco Shores Development Order, shall be amended to add Section 12, Effective Date, to read as follows= Section 12. This resolution shall become effective as Drovi~9d by law, BE IT RESOLVED that this resolution relating to Petition Number DOA-88-3C be recorded in the minutes of this Board. Commissioner Shananhan offered the foregoing resolution and moved its adoption, seconded by Commissioner Goodnight and upon roll call the vote was: AYES: Commissioners Shanahan, Goodnight, Volpe, Hasse and Saunders NAYS: NONE A~SENT A-ND NOT VOTING: NONE ABSTENTION: NONE Done,,th'is' ...... .!3th day of JUNE · /JAMES G. GILES, ~PROVED AS TO FO~ ~D LEGAL SUFFICI~CY: , 1989. BOARD OF COUNTY COMI~ISSIONERS ~RIDA BURT L. SAUNDERS, CHAIRMAN ~ARJ~E M. STUDENT ASSISTANT COUNTY ATTORNEY MARCO SHORES RESOLUTION Words 1~ are additions; Words st~ek-thre~§h are deletions.