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Ordinance 2016-37 ORDINANCE NO. 16- 3 7 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), PROVIDING FOR AMENDMENT TO THE PUD DOCUMENT TO REMOVE 6.5±ACRES FROM THE PUD; PROVIDING FOR AMENDMENTS TO THE LEGAL DESCRIPTION; PROVIDING FOR AMENDMENT TO THE MASTER PLAN; PROVIDING FOR REPEAL OF RESOLUTION NO. 09-256, WHICH GRANTED A PARKING EXEMPTION 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-PL20150002550] 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 and 94-41 and Collier County Planning Commission Resolution No. 01-29; and WHEREAS, the Collier County Airport Authority, represented by Robert Mulhere, of Hole Montes, Inc. petitioned the Board of County Commissioners to amend the Marco Shores Golf Course Community PUD, to remove property from the PUD that will become part of the Marco Island Executive Airport. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION I: AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT DOCUMENT, OF ORDINANCE NUMBER 81-6, AS AMENDED The Planned Unit Development Document to Ordinance Number 81-6, as amended, is hereby amended and superseded by Exhibit A attached hereto and incorporated by reference herein. [16-CPS-01527]63 Marco Shores Country Club PUDA 8/30/16 Page 1 oft "'ti SECTION II: AMENDMENT TO MASTER PLAN Exhibit E, Site Plan also known as the Master Plan, is hereby amended and replaced with Exhibit E attached hereto and incorporated by reference herein. SECTION III: AMENDMENTS TO THE LEGAL DESCRIPTION The Legal Description, Exhibit G of the Development Plan, is hereby amended to remove the 6.5 acre parcel described in Exhibit G attached hereto and incorporated herein. SECTION IV: REPEAL OF RESOLUTION NO. 09-256 WHICH GRANTED A PARKING EXEMPTION Resolution No. 09-256 is hereby repealed in its entirety. SECTION V: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majoritypvote by the Board of County Commissioners of Collier County, Florida,this I day of kkwe,,'1 , 2016. ATTEST: 4 '1) BOARD OF COUNTY COMMISSIONERS - . DWIGHT E. BROCK,CLERK COLLI R COUNTY, FLORIDA ctr. BY: Attest as to Cha1Cma Deputy C DONNA FIALA, Chairman si Neon {-`. '`�� roveayas to form and lega ty: a CJ A(ItcP eidi Ashton-Cicko Managing Assistant County Attorney Exhibit A—Planned Development Document This ordinance flied with the Exhibit E—Master Plan Secr cry of State's Office the r Exhibit G—Legal Description day of "tit* and acknowledgemen .f that ficin. received this t• day of ' By /11•�I�.�■►�i� .*N [16-CPS-01527]63 Marco Shores Country Club PUDA 8/30/16 Page 2 of 2 PLANNED UNIT DEVELOPMENT DOCUMENT FOR MARCO SHORES GOLF COURSE COMMUNITY A PLANNED RESIDENTIAL COMMUNITY B THE DELTONA CORPORATION JUNE 18, 1979 REVISED OCTOBER 2, 1980 REVISED JANUARY 19, 1981 REVISED FEBRUARY 12, 1981 REVISED OCTOBER 8, 1985 REVISED AUGUST , 2016 Exhibit A INDEX Page List of Exhibits i4-2 Statement of Compliance iii 3 Property Ownership &Description - Section I 4-44 Project Development- Section II 2 1 6 Utility Services - Section III 3-4 9 Multi-Family - Section IV 44 H Golf Course - Section V 5 116 Utility Area- Section VI 64 16 Development Commitments - Section VII 7 121 LIST OF EXHIBITS Exhibit B Vicinity Map Exhibit C Aerial Photograph Exhibit D Boundary Map Exhibit E Master Plan Exhibit G Legal Description Exhibit H EIS Waiver Exhibit J Statement of Conditions for Approval Page 2 of 23 Words underlined are added;words skaelc-through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx STATEMENT OF COMPLIANCE The development of approximately 321 314.7 acres of property in Sections 26, 27 and 28, Township 51 South, Range 26 East, Collier County, Florida, as a Planned Unit Development to be known as Marco Shores Golf Course Community will comply with the planning and development objectives of Collier County. These objectives are set forth in the Comprehensive Plan which includes the Growth Policy and Official Land Use Guide, all of which were adopted by the Board of County Commissioners on October 14, 1974. Marco Shores Golf Course Community will meet the planning and development objectives for the following reasons: (1) The project is vested under the provisions of Chapter 380, Florida Statutes. The determination of vesting provided for in Chapter 380.06(4)(a) has been completed. The project is vested for 1980 residential units. (2) The project is in compliance with Collier County Ordinance Number 77-66 requiring an Environmental Impact Statement (E.I.S.) prior to rezoning. An E.I.S. Waiver, Exhibit H, has been approved in accordance with the provisions of Ordinance Number 77-66. (3) The project is in compliance with Collier County Comprehensive Plan and Official Land Use Guide. (4) The project has adequate community facilities and services as defined in Section 48, Paragraph 5 of the Collier County Zoning Ordinance as provided by existing services and facilities or to be provided by the developer as indicated within this PUD Document. (5) The project shall comply with the applicable zoning and subdivision regulations and all other County and State laws dealing with platting and subdividing of property at the time improvements and plat approvals are sought. Page 3 of 23 Words underlined are added;words sough are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.01 INTRODUCTION AND PURPOSE It is the intent of The Deltona Corporation (hereinafter called "applicant" or "developer") to establish and develop a planned unit development on approximately 321 314.7 acres of property located in the Marco Island community, Collier County, Florida. It is the purpose of this document to provide the required detail and data concerning the development of the property. 1.02 NAME The development will be known as Marco Shores Golf Course Community (hereinafter called "Marco Shores"). 1.03 LEGAL DESCRIPTION The legal description is as described in Exhibit G, Legal Description. 1.04 TITLE TO PROPERTY The property is partially developed, and ownership is in multiple parties at the present time. The Johnson Bay Development Corporation is the contract purchaser of currently platted Tracts B, C-2, D, E-2, F, G,H, J, K, L,M, P and R as depicted on Exhibit"E". 1.05 GENERAL DESCRIPTION OF PROPERTY AREA The general location of Marco Shores is illustrated by Exhibit B,Vicinity Map. The project site contains approximately 321 314.7 acres of property. It is bordered on the west by State Road 951. At the time of this application, the property was zoned A. A portion of the property at the western boundary includes approximately 0.5 acres of tidally influenced wetlands composed of both excavated drainage canals and mangrove areas. Within the boundary of the project site, there presently exists a golf course with supporting clubhouse and maintenance facilities and a road providing access to the golf course and the Marco Island Airport located to the east of the subject area. Page 4 of 23 Words underlined are added;words struek-through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx 1.06 PHYSICAL DESCRIPTION The entire site, except for a small portion of the wetland area (mangroves) adjacent to SR-951, has been subject to previous construction alterations. Development of man-made lakes outside and along the northern limits of the site, as well as several lakes within the property boundary, were the source for the fill material used to bring the site to its present elevational setting. Elevations within the site range from a maximum of+15' N.G.V.D. to approximately +5' N.G.V.D. along the top of bank adjacent to both the unnamed lake to the north and the mangrove area bordering Macilivane Bay to the south. Lower elevations are found immediately adjacent to and within the internal lake areas. The topography generally slopes gently towards the internal lakes or the boundaries of the site. The soils of the site are composed of the sands, shells and crushed limerock deposited as the spoil fill material from lake construction within and adjacent to the project area. Aside from the landscaped and grassed areas of the golf course and support facility, the vegetation of the site is characterized by scrub ground cover which normally establishes itself on disturbed fill area. Page 5 of 23 Words underlined are added;words struck are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to describe the general plan of the development and delineate the conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The general plan of development of Marco Shores is for a planned residential community of multi-family dwelling units and golf course. 2.03 SITE PLAN APPROVAL When site plan approval is required by this document, a written request for site plan approval shall be submitted to the Community Development Administrator for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such materials may include, but is not limited to the following, where applicable: A. Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas; and required yards and other open spaces; B. Plans showing proposed locations for utilities hook-up; C. Plans for screening and buffering with references as to type, dimensions and character; D. Proposed landscaping and provisions for trees protected by County regulations; and E. Proposed signs and lighting, including type, dimensions and character. 2.04 LAND USE Unless otherwise stated, what is discussed in this Section is the 320 acres of upland depicted in Exhibit E. This in turn is part of Unit 30 for purposes of planning and land management. For purposes of this Ordinance, Unit 30 shall mean that area which is more specifically described on that joint permit application of Applicant filed on May 3, 1977 with the Florida Department of Environmental Regulation and the U.S. Army Corps of Page 6 of 23 Words underlined are added;words stresk-through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx Engineers. A schedule of the intended land use types subject to this Section, with approximate acreages and total dwelling units, is shown on Exhibit E, Site Plan. Minor variations in acreages, not to exceed 3% of the total 320 upland acres, shall be permitted at final design to accommodate final development plans. The specific location and size of the individual tracts and the assignment of dwelling units on the 320 acre uplands site shall be submitted to and approved by the Community Development Administrator at the time of Site Plan approval of each development phase. Approval is hereby given to construct up to 500 dwelling units on the 320-acre Marco Shores site. Beyond the initial 500 units, construction of additional units requires approval by the Board of County Commissioners in accordance with the standards set forth below. While the 500 units are hereby approved, it has been determined that the Marco Shores site will accommodate construction of the number of units allowed by the Land Use Element of the Collier County Comprehensive Plan dated May 8, 1979 (the Collier County Comprehensive Plan) subject, however, to the following: 1. Traffic improvements as required to alleviate congestion and improve safety on Route 951, such as widening to accommodate additional traffic lanes, traffic signals, turn lanes, reduced speed limits, or alternatives as may be required in accordance with Section 8.04.B of this Ordinance. 2. Reduction of wetlands now proposed by applicant for development in Unit 30. Such efforts may include clustering, more intensive use of uplands, and land trades that would shift development to uplands. In determining the maximum number of allowable dwelling units on the 320-acre Marco Shores site, consideration shall be given to Applicant's overall development plans for the Marco Beach Subdivision, including a review of: A. The status of permitting as it affects property in the Marco area which is owned or being required by Applicant, including Unit 30; B. The status of any completed or pending land exchanges through which Applicant has obtained, or has the prospect of obtaining, developable property located in the Marco area; C. Combined density for the 320-acre Marco Shores site, the rest of the Unit 30 site, and any contiguous land which Applicant has acquired or may acquire through exchange; and D. Based upon proper land management considerations, principally involving a preference for upland as opposed to wetland development, the most suitable distribution of density over the property Applicant may develop as part of the Marco Beach Subdivision. Page 7 of 23 Words underlined are added;words struck-through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx If, as a result of the foregoing review, it is determined that the maximum number of dwelling units on the 320-acre Marco Shores development should be other than the number allowed by the Collier County Comprehensive Plan, this Ordinance shall be amended with respect to the maximum number of dwelling units to be permitted on the Marco Shores site. In order to afford flexibility to the County in determining the maximum number and distribution of dwelling units on the 320-acre Marco Shores site, Applicant shall not make irrevocable commitments to purchasers with respect to land uses on the unsold portions of the 320-acre site, or any other portion of the Unit 30 planning site. 2.05 PROJECT DENSITY The total acreage of the Marco Shores property is approximately 321 314.7 acres. The maximum number of dwelling units to be built on the total acreage is 1580. The number of dwelling units per gross acres is approximately--49 5_0. The density on individual parcels of land throughout the project will vary according to the type of dwelling units placed on each parcel of land. 2.076 AMENDMENT OF ORDINANCE Both the County and the developer, with knowledge that the long range development plan permitted by the ordinance will not be complete for a period of 3 to 10 years, recognize that exceptions, variances or amendments to this ordinance may be necessary in the future. There may be changes in planning techniques, engineering techniques, transportation methods, and other factors that would warrant this ordinance being amended to meet standards of the time. All petitions or requests for exceptions, variances and amendments shall conform with the procedures existing at the time of the application for the exception or amendments. 12.057 TREE REMOVAL All clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD site plan and all applicable codes. 2.098 DEFINITIONS Definitions shall be as contained in the Zoning Ordinance of Collier County. 12.1009 FRACTIONALIZATION OF TRACTS Each fractionalized tract shall be a minimum of five acres. Page 8 of 23 Words underlined are added;words struck-through are deletions H;\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx SECTION III UTILITY SERVICES TO MARCO SHORES 3.01 WATER SUPPLY AND TREATMENT FACILITIES Marco Island Utilities, Inc. will provide water supply and treatment facilities to the project. Untreated water is available from 12" and 14" Marco Island Utilities, Inc. water mains adjacent to State Road 951 on the west boundary of the property. Location of the water treatment facility is indicated on Exhibit E, Site Plan. 3.02 SEWAGE TREATMENT FACILITIES Marco Island Utilities, Inc. will provide sewage treatment facilities to the project. Location of the sewage treatment facility is indicated on Exhibit E, Site Plan. 3.03 SOLID WASTE COLLECTION Solid waste collection for the Marco Shores project will be handled by the company holding the franchise for solid waste collection for the County. 3.04 ELECTRIC POWER SERVICE Florida Power& Light Corporation will provide electric service to the entire project. 3.05 TELEPHONE SERVICE Telephone service will be supplied to the Marco Shores project by United Telephone Company of Florida. 3.06 TELEVISION CABLE SERVICE Television cable service will be provided by Gulf-Coast Cable-Vision, Inc. of Naples. 3.07 EASEMENTS FOR UNDERGROUND UTILITIES On-site utilities such as telephone, electrical power, TV cable service, wastewater collection, water distribution, etc. shall be installed underground. Except that electrical feeder lines serving commercial and other high use areas, water pumping stations, lift stations, transformer banks, etc. shall be permitted above ground. Easements shall be Page 9 of 23 Words underlined are added;words struck t rough are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx provided for all utility purposes. Said easements and improvements shall be done in accordance with subdivision regulations. Page 10 of 23 Words underlined are added;words struelc through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx SECTION IV MULTI-FAMILY 4.01 PURPOSE The purpose of this Section is to set forth the regulation for the area designated on Exhibit E, Site Plan, as Multi-Family. 4.02 MAXIMUM DWELLING UNITS A maximum number of 1580 dwelling units may be constructed subject to stipulations in attached Exhibit J. 4.03 USES PERMITTED 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) Multi-family residential buildings and single family detached. (2) Parks, playgrounds,playfields and commonly owned open space. (3) Water management facilities. (4) Golf Course uses (1), (5) and (6) as set 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) Residential clubs, intended to serve the surrounding residential area. (3) Individual housing units including townhouses, zero lot line, villas and cluster housing. (4) Boardwalks, viewing 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. Page 11 of 23 Words underlined are added;words struck through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx (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. 4.04 REGULATIONS AS TO RESIDENTIAL TRACTS Regulations as to Tracts A, T, U and Tracts C-1 and E-1: 4.04.01 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. 4.04.02 MINIMUM YARDS: MULTI-FAMILY A. From right-of-way lines of public and private roads, thirty (30) feet or one-half(1/2) the height of the structure, whichever is greater. B. From the 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 the clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with Section II. 4.04.03 MINIMUM YARDS: INDIVIDUAL UNITS A. Single Family Detached: (1) Front setback 30' (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. Page 12 of 23 Words underlined are added;words sttxsk-threugh are deletions H;\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx 4.04.04 MAXIMUM 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 a maximum of thirty (30) feet above finished grade of the lot. 4.04.05 MINIMUM LIVING AREA 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 structures. 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 provided as swimming pools, pool decks, tennis courts, landscaped area or other common recreational facilities. 4.05 REGULATIONS FOR RESIDENTIAL PARCEL ONE 4.05.01 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. 4.05.02 MINIMUM YARDS —MULTI-FAMILY A. Setbacks from parcel boundaries—thirty feet(30'). Page 13 of 23 Words underlined are added;words stfek—through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx 3 B. Distance between any two principal structures, one-half (1/2) the sum of their heights but not less than twenty feet (20'). C. Setbacks from edge of pavement of roadways (public or private) — thirty feet (30'). D. In the case of clustered buildings with a common architectural theme, setbacks may be reduced pursuant to a site development plan approved by the Development Services Director. E. Principal structures shall be set back a minimum of 500' from the pavement edge on Mainsail Drive and a minimum of 500' from Tract T. 4.05.03 MAXIMUM HEIGHT AND NUMBER OF PRINCIPAL STRUCTURES A. Principal structures —twenty (20) stories above required flood plain or two (2) levels of parking. B. Accessory structures — thirty feet (30') above required flood plain or two (2) levels of parking. C. Principal structures—a maximum of five (5) on this residential parcel. 4.05.04 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES Principal use structures shall contain a minimum of one thousand (1,000) gross square feet of living area per dwelling unit within principal structure. 4.05.05 OFF-STREET PARKING Principal uses shall provide a minimum of 2 parking spaces per dwelling unit. 4.06 REGULATIONS FOR RESIDENTIAL PARCEL TWO 4.06.01 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. 4.06.02 MINIMUM YARDS —MULTI-FAMILY Page 14 of 23 Words underlined are added;words st ek-tlxough are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx 'Ate 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'). C. Distance between any two principal structures, one-half (1/2) the sum of their heights, but not less than twenty feet. D. 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 Development Services Director. 4.06.03 MINIMUM YARDS —SINGLE FAMILY A. Single Family Detached: (1) Front setback: 30' (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. 4.06.04 MAXIMUM HEIGHT A. Principal structures — three (3) stories above the required flood plain elevation or one level of parking. B. Accessory structures — twenty feet (20') above required flood plain elevation. 4.06.05 MINIMUM LIVING AREA 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. 4.06.06 OFF-STREET PARKING Principal uses shall provide a minimum of 2 parking spaces per dwelling unit. Page 15 of 23 Words underlined are added;words struck—through are deletions H:\2015'2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx SECTION V GOLF COURSE 5.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit E, Site Plan, as Golf Course. 5.02 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. Permitted Principal Uses and Structures: (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, including lakes with seawall and other types of architectural bank treatment. (7) Sales Office. B. Permitted Accessory Uses and Structures: (1) Pro-shop, practice driving range and other customary accessory uses of golf courses, tennis clubs or other recreational facilities. (2) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or tennis club or other permitted 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. Page 16 of 23 Words underlined are added;words struck through are deletions H;\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx (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 for 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 specifications. 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 shall be harmonious in 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 a manner which will protect roadways and neighboring properties from direct glare or other interference. (4) A site plan shall be provided showing pertinent structure locations and landscaping. (5) Tracts T, U, and E-1 as depicted on the PUD Master Plan and the Marco Shores Unit One Plat, are not owned by Petitioner, and are developed or under development. These tracts are currently contiguous to the golf course. Petitioner agrees that in any reconfiguration of the golf course, these tracts will continue to have an equal or greater amount of contiguity with the golf course tract as described on the record Plat of March Shores Unit One. 5.04 MAXIMUM HEIGHT Forty-five (45) feet above the finished grade of the lot. 5.05 MINIMUM OFF-STREET PARKING As required by the Zoning Ordinance of Collier County. Page 17 of 23 Words underlined are added;words struck eugh are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx 5.06 OFF-STREET PARKING LANDSCAPING Landscaping shall be provided as required by the Zoning Ordinance of Collier County. Page 18 of 23 Words underlined are added;words strucrough are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx SECTION VI UTILITY AREA 6.01. PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit E, Site Plan, as Utility Area. 6.02 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 maintenance. (4) Utility services offices. (5) Lawn or golf course maintenance shops and equipment storage. (6) Any other use associated with maintenance or utility services when approved by the Director. (7) Water management facilities. B. Permitted Accessory Uses and Structures: (1) Accessory uses and structures customarily associated with the uses permitted in this district. (2) Signs as permitted in the zoning ordinance. 6.03 MINIMUM YARD REQUIREMENTS A. From right-of-way lines of public and private roads, thirty (30) feet. B. All other, none. Page 19 of 23 Words underlined are added;words struck-trough are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016),docx 6.04 MAXIMUM HEIGHT Thirty-five (35) feet above the finished grade of the lot. 6.05 MINIMUM FLOOR AREA None. Page 20 of 23 Words underlined are added;words struek-through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx SECTION VII DEVELOPMENT COMMITMENTS 7.01 NATURAL RESOURCES Prior to undertaking any alterations within or affecting the tidally-influenced wetland included in the site,the applicant shall: A. Obtain all necessary permits, approvals, or waivers from the County, state and federal agencies; and, B. Limit the extent of alterations within the wetlands areas to reduce short and long term environmental impacts; 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 by the future development of Unit 30, Marco Shores. 7.02 DRAINAGE A. Upland Areas (1) The applicant shall provide all necessary detailed drainage plans, studies and specifications to the State of Florida Department of Environmental Regulation, the South Florida Water Management District and Collier County for approval prior to issuance of permits by Collier County. The detailed drainage plans shall include the data requested by the South Florida Water Management District in their letter dated August 29, 1980 and which is made a part of this PUD Document. (2) The minimum building floor elevation shall be as indicated on the Flood Insurance Rate Map 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 Environmental Regulation and the South Florida Water Management District for approval prior to the issuance of any construction/development permits by Collier County. Page 21 of 23 Words underlined are added;words struek-threugh are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx C. Upland and Wetland Areas (1) Detailed site drainage plans demonstrating extensive use of "Best Management Practices" (BMP's) for all impervious surfaces shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by County Engineer. (2) Petitioner shall modify S.F.W.M.D. Surface Water Permit No. 11-00202- S, reflecting the proposed modifications prior to the issuance of any building permit in the P.D.A. modified area. 7.03 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 detailed plans and specifications for the collection, treatment and disposal of sewage from this development to the Department of Environmental Regulations and Collier County for approval prior to the issuance of development permits. B. Water Treatment Facilities Water treatment facilities will be provided by Marco Island Utilities, Inc. Marco Island Utilities, Inc. will provide necessary detailed plans and specifications to the Department of Environmental Regulations and Collier County for approval prior to the issuance of development permits. Deltona Corporation will construct additional raw water transmission facilities from the rock pit southward along SR 951 and to the Marco Island Water Treatment Plan by 1984. 7.04 TRANSPORTATION 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 serve the individual multi-family tracts. B. External Subject to the approval of the Florida Department of Transportation, the developers shall provide improvements as indicated in the attached Exhibit J. Page 22 of 23 Words underlined are added;words struck through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx 1 C. Improvements within the right-of-way Mainsail Drive is a divided, multi-lane, public right-of-way with a center median, and provides access to the development parcels in Marco Shores Golf Course Community and to the Marco Executive Airport. Landscaping within the platted right-of-way would improve aesthetics, and be of benefit to the community and Marco Executive Airport. Landscaping within the right-of-way is encouraged, and conceptual approval is hereby given for landscaping and signage within the public right-of-way, including the median, subject to the permits required pursuant to Ordinance 93-64, as that ordinance may be amended. 7.05 FIRE PROTECTION The applicant shall provide for the strategic placement of fire hydrants as required in the Collier County Subdivision Regulations. A fire station shall be constructed in accordance with the Southern Standard Building Code and as approved by the East Naples Fire Department on a site approved by the East Naples Fire Department. 7.06 MOSQUITO CONTROL Through proper engineering design and closely coordinated 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 lake maintenance operations, will reduce the potential for increasing mosquito breeding areas within the property. Page 23 of 23 Words underlined are added;words struelcough are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD(PUDA-PL20150002550)(8-25-2016).docx 1 ®®®® - o,. U SS 951 n cc c C�� Pte..- S , �R ' _f 4 9 ')4 , ®-lc SE A e 2 x O x co e [\\ m I- 0 > jAti m 0 n z i g gppp r r �.i nt3�4i y ` F !I w \N/ 0 m>5 ny z n r N \ � r; 2 O p m t C m m�J Oq 1 o C rU m A<c o T O z i0o S' P C✓J � ` yoo mm°mm�rzsy ga a a $ `� '� Nfm �ti<afmn mm-zi :m-iczr>v P. r w m zz> >�N m�m 0 0 i G , 'I 3_,> DO s2ml s2 zpO73 yz30r <r 1 i N is ;',.,,z U *m F m 5 m m- g'. : l' )• myc =mzz m001 Z � / rO> WTo1)m4D ® zVi o9 mC mi0'Tmc >1I� ▪ y• yy® // > r .8_,r ,21,0a `\ (/ 9;) T y�1rI oO® gm TG x>GmNjO m30mzn2A;' OW i�8 A8N ? 0GO�zDoo2 ® /S moo-I M p T cr-....s pz< c =,-1:.'§-,11F =my D ,AM -1` pd. ` . 0O y Z N 7 t C O ; ` Z 0=I N Tn `__- A p u)D 7J » �, N n x 3 w Ori DO z c °° m H C Cl) r 5: w sr. o M fl Z - m - < A VI X 0 m 0 �, 3 -D C li A d Q m 3 I- 8m C or o zm 3 o Q < I 10 m aR 0 D j m - �n IT H .) Nom°A < �,,D t, m ro O C m t o A Oao o LT'; to U g oQ 5 p CO W A N N O N NO V co N V A {M G1 N0 $ MAROOIPO n D D > > > > > EXECUTIVE A AIRPORT n n n n O O EXHIBIT G LESS AND EXCEPT: TRACT Q, MARCO SHORES, UNIT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3.6 ACRES, MORE OR LESS. AND LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN A PORTION OF MAINSAIL DRIVE, MARCO SHORE UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 14, PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT Q, MARCO SHORES UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, AT PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN Si1°59'55"E, ALONG THE EAST LIINE OF SAID TRACT Q FOR A DISTANCE OF 332.93 FEET TO THE MOST NORTHEASTERLY CORNER OF MAINSAIL DRIVE OF SAID MARCO SHORES UNIT ONE, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE Si1°59'55"E FOR A DISTANCE OF 230.00 FEET; THENCE RUN S79°48'17"W FOR A DISTANCE OF 435.12 FEET; THENCE RUN N84°45'47"W FOR A DISTANCE OF 153.41 FEET; THENCE RUN N00°52'45"E FOR A DISTANCE OF 208.51 FEET, TO THE BEGINNING OF A NON- TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1305.00 FEET, AT A BEARING OF N00°52'47"E THEREFROM, THROUGH A CENTRAL ANGLE OF 12°58'26" AND BEING SUBTENDED BY A CHORD OF 294.87 FEET AT A BEARING OF N84°23'34"E, FOR AN ARC LENGTH OF 295.50 FEET; THENCE RUN N77°54'19"E FOR A DISTANCE OF 241.91 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.9 ACRES, MORE OR LESS. BEARINGS REFER TO THE EAST LINE OF TRACT Q, MARCO SHORES UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, AT PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S11°59'55"E. Words underlined are added;words Mn ck--=rotgh are deletions H:\2015\2015089\WP\PUDA\CCPC\Exhibit G-Legal Description.docx [HES' t -. -40 40 FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State November 18, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, BMR Senior Clerk 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. 16-37, which was filed in this office on November 18, 2016. 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