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Ordinance 2023-02 ORDINANCE NO. 2023- 02 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS ISLES OF CAPRI MPUD, TO ALLOW CONSTRUCTION OF MIXED USE DEVELOPMENT UP TO 122 FEET IN ACTUAL HEIGHT INCLUDING A MAXIMUM OF 80 MULTI-FAMILY DWELLING UNITS, UP TO 10,000 SQUARE FEET AND 200 SEATS OF RESTAURANT AND MEMBERSHIP CLUBS, A MARINA INCLUDING UP TO 64 WET SLIPS, A 258-UNIT DRY BOAT STORAGE FACILITY, AND A SHIPS STORE AND DOCKMASTER'S OFFICE LIMITED TO 1,000 SQUARE FEET, AND 6,000 SQUARE FEET OF GENERAL OFFICES, PLUS ACCESSORY INDOOR AND OUTDOOR RECREATION USES AND PARKING STRUCTURES WITHOUT LIMITATION. THE SUBJECT PROPERTY IS LOCATED ON THE ISLES OF CAPRI ON BOTH NORTH AND SOUTH OF CAPRI BOULEVARD IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 5.32± ACRES; PROVIDING FOR REPEAL OF RESOLUTION NO. 92-588 RELATING TO SETBACK VARIANCES AND RESOLUTION NO. 93-370 RELATING TO A PARKING VARIANCE FOR BOAT SLIPS; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210002314] WHEREAS, FCC Beach & Yacht, LLC, represented by R. Wayne Arnold, AICP of Q. Grady Minor & Associates, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. [21-CPS-02173/1763666/1] 178 Isles of Capri/PL20210002314 1/11/23 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 32, Township 51 South, Range 26 East, Collier County, Florida, is changed from a Commercial Intermediate (C-3) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a 5.32+/- acre parcel to be known as Isles of Capri MPUD, in accordance with Exhibits A through F-1 attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Resolution No. 92-588 relating to setback variances and Resolution No. 93-370 relating to a parking variance for boat slips are hereby repealed. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2023 -03 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this /i JI A day of ..14 ri u GLr , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL,CLERK COLLIER COUNTY, FLORIDA By: I ► By: Attest as to Chairman S, , Deputy Clerk Rick LoCastro, Chairman signature only, , - This ordinance-filed with the Secretary of S ate's Office th -P day of , .aoa3 [21-CPS-02173/1763666/1] 178 and acknowledgernen of that Isles of Capri/PL20210002314 1/11/23 2 of 3 filin received this '' day of �kN , � By Approved as to form and legality: � � T Heidi Ashton-Cic o Managing Assistant County Attorney Attachments: Exhibit A: List of Permitted Uses Exhibit B: List of Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: List of Deviations from LDC Exhibit F: List of Developer Commitments Exhibit F-1: Tidal Flushing Culverts [21-CPS-02173/1763666/1] 178 Isles of Capri/PL20210002314 1/11/23 3 of 3 EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMD), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 80 residential dwelling units; a marina with 64 wet slips, 258-unit dry boat storage facility and a ship's store, retail and/or dockmaster office limited to 1,000 square feet, up to 10,000 square feet and 200 seat restaurant including private clubs; and 6,000 square feet of gross office floor area shall be permitted within the MPUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Eating places, not to exceed 200 seats and 10,000 square feet(5812) including membership clubs(7997) limited to beach clubs, boating clubs and yacht club; and 2. Marina, not to exceed 258-unit dry boat storage facility, 64 wet slips and 1,000 square feet of retail for a Ships Store and Dock Master offices. Temporary marina facilities including dock master offices, ship store and sales/leasing facilities shall be permitted prior to construction of permanent marina facilities. The temporary marina facilities shall be removed within 30 days of receipt of the first Certificate of Occupancy issued for the permanent marina facilities; and 3. Multi-family dwellings, up to 80 dwelling units; and 4. General offices, not to exceed 6,000 square feet. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: (Isles of Capri MPUD PL20210002314) (Januar),17, 2023) Page 1 of 10 1. Indoor and outdoor recreational facilities (with the indoor and outdoor recreational facilities located on the parking garage roof top for residents and their guests); and 2. Gatehouses and security gates and parking structures; and 3. Sales and leasing offices. (Isles of Capri MPUD PL20210002314) (January 17, 2023) Page 2 of 10 EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standard tables. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 150 Ft. N/A MINIMUM YARDS(External) From Isles of Capri ROW 25 Ft. 25 Ft. or 14 Ft. for existing boat storage From Waterfront 25 Ft., 0 Ft. for Marina 0 Ft. From Northern Project Boundary 25 Ft. 10 Ft. From Eastern Project Boundary 25 Ft. 10 Ft. From Western Project Boundary 25 Ft. 10 Ft. Minimum yards(internal) Internal Drives/ROW 10 Ft. 5 Ft. Rear 10 Ft. 5 Ft. Side 10 Ft. 5 Ft. MINIMUM DISTANCE BETWEEN STRUCTURES 50 Ft.* 10 Ft. Maximum height Marina Buildings: zoned/actual 50 Ft./60 Ft. **** 30 Ft./35 Ft. Residential or mixed-use Buildings: Zoned 30 Ft. 122 Ft.***** Actual 35 Ft.*** MINIMUM FLOOR AREA 1,000 Sq. Ft. ** N/A MAXIMUM GROSS AREA Marina 64 Wet Slips N/A 258 Dry Boat Storage Units 1,000 Sq. Ft. Ships Store and Dock Master Office Commercial 6,000 Sq. Ft. N/A Restaurant 200 seats/10,000 Sq. Ft. N/A * This separation requirement is applicable between the residential tower elements.Other principal uses shall have a building separation of 75 feet. ** Per principal structure,on the finished first floor. *** Not applicable to accessory uses located in a mixed-use building. Detached parking structures and/or detached parking structures with amenities shall have an actual height of 40 feet, including any rooftop accessory structures. **** Existing clocktower is permitted an actual height of 80.5 feet. *****Actual building height is 122 feet.Zoned height shall not exceed the actual building height of 122 feet. (Isles of Capri MPUD PL20210002314) (January 17, 2023) Page 3 of 10 n OS:' ZZN/ZZ/ 3M0Pil-NY1H Hl.SYry 3 HX 3A33\57NIM 80\ef113 IH3VA N33i13 S.21310013 3A33\3NINNV10 -Jbif\3NINNYd\:3 N / Q _ rc O� 8YY M 1/ I I © ,2 4Wfz—t1:2b �7. G 9' a �! N LLl o \ J a Q z UL' oU) 3 / \ Q / Q q C U � q' Cs/ W o co a.' / H /L / Ill rO w a o Z di w 0Up / J� O ? W w �O � � rr aw W a W UCO FH / J 0 y W :2:—L'icc' o Q I� Jm � Jli / ~ o (,) r �1 to m m / W V yn N w / / U O ~a _ gi W la LLW cU 2 aw Q. c� Q4 0 U za ip 0 1- a G `I1ZW �,oW U wc)c / `V O U) zc• 0 ` LO u_ �1 N D �QZ Ill c LL `LLNN D �¢a w wm L. m aw io ¢ o^ } a / Q z C a �, c m o w w L� / W C m' Z 3 °zLL / / �� aw cnO yam Wvtr U) pcnW • Q = p o ¢ ? d CZ y$ N a -3 w U) C7 � W aW Oj U) wou�iw ce F W / LL el ...:5 s 3z� U) / oam Q D Z O\ QO a Q \ w CO C.) ZN . \ O U) C.)}Q in M 2 \ z Ct \ Q U \ 121 Z Hp 1- a w \ °aO V) o \ dQowZ z < I § Zit O U) O .-am N D \ CC LJ-I W d CI Z Li \ SITE SUMMARY TOTAL SITE AREA: 5.32± ACRE MIXED USE: GENERAL OFFICE: MAXIMUM 6,000 S.F. MARINA: DRY BOAT STORAGE: MAXIMUM 258 UNITS WET SLIPS: MAXIMUM 64 SHIPS STORE/DOCK MASTER OFFICE: 1,000 S.F. RESIDENTIAL: MAXIMUM 80 DWELLING UNITS RESTAURANT/PRIVATE CLUB: MAXIMUM 200 SEATS AND 10,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% DEVIATIONS FROM LDC (SEE EXHIBIT E) 1. RELIEF FROM LDC SECTION 4.02.38 3.A., "DESIGN CRITERIA AND DIMENSIONAL REQUIREMENTS OFF—STREET PARKING" NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. THE SITE CONTAINS NO NATIVE VEGETATION COMMUNITIES AND NO ORIGINAL NATIVE TREE REMAIN; THEREFORE NO NATIVE VEGETATION PRESERVATION IS REQUIRED. ISLES OF CAPRI MPUD SCALE I).I�lAA�\liner;lull AOO ill rs.F'1, JOB cone: �i T'dfjyM11701` MOO vlanllE1, EXHIBIT C Bonita Spi ntd.Florida:u 134 DATE: MASTER PLAN NOTES Civil I ligincf.rs band Surw fors Plauncr. I,mulsi a,i \rclilt,i is FILE NAME: of\uIM1.1:1411111151 1 Ce11.111\ulll 1.14 OW15151 Du.'inrrn l.l.261111021ilf f YC fxn C 145iER PLW- Bunlle Springs:239-fNZI 14 rt n rr.f,' 01U//nn[.rnm Furl AI,e.re: 23!1.6'111. 3B11 REVISED: 0 1/12/2023 SHEET 2 OF 2 i EXHIBIT D LEGAL DESCRIPTION ALL OF LOTS 455-481, 492-501, 566-576, ISLES OF CAPRI BUSINESS SECTION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 52, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 5.32 ACRES MORE OR LESS (Isles of Capri MPUD PL20210002314) (January 17, 2023) Page 6 of 10 EXHIBIT E LIST OF DEVIATIONS Deviation #1: Relief from LDC Section 4.02.38.K.3.a., "Design Criteria and Dimensional Requirements Off-Street Parking", which requires "parking lots or parking structures shall be located to the rear of buildings located on the main street, or along the secondary/side streets. Off-street parking shall not occur in front of the primary facade" to instead allow parking lots or parking structures to be located in front of the primary facade. (Isles of Capri MPUD PL20210002314) (January 17, 2023) Page 7 of 10 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD.At the time of this PUD approval,the Managing Entity is FCC Beach&Yacht, LLC, 8156 Fiddler's Creek Parkway, Naples, FL 34114. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. • TRANSPORTATION: A. The maximum total daily trip generation for the PUD shall not exceed 200 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. EMERGENCY MANAGEMENT: A. The property owner shall provide a one-time developers contribution of (1)-45 kw minimum towable generator, per emergency management specifications,to be delivered to Collier County Emergency Management at the first certificate of occupancy for a residential unit, in support of hurricane evacuation shelter efforts. (Isles of Capri MPUD PL20210002314) (Januaiy 17, 2023) Page 8 of 10 UTILITIES: A. Concurrent with the issuance of building permits for the first residential dwelling unit, the Developer shall construct a new master sewage pump station, sewage collection system and sewage force main to Collier Boulevard to service the entire island and consistent with the future sanitary sewage collection and transmission system for the Isle of Capri as planned by the City of Marco Island. The Developer will coordinate with the City of Marco Island (City) to ensure the new sanitary sewer utility facilities are consistent with City specifications and upon completion of construction convey the utility facilities to City for ownership and maintenance. The new sanitary sewer facilities will be sized to accommodate present and future wastewater flows from the Isle of Capri to serve the entire island. In the event the upsizing of the sewer facilities is not completed, the Developer shall contribute a sum of money equal to an engineer's estimate of construction cost to upsize the utility facilities to the County concurrent with the issuance of building permits for the first residential dwelling unit to use towards providing affordable housing. B. A maximum of 54 residential certificates of occupancy may be issued prior to commencement of construction for the two (2) new flushing culverts connecting Johnson Bay with Tarpon Bay. The Developer at its expense will construct two (2) culverts approximately 4' high X 8' wide under Capri Boulevard near the locations shown on Exhibit F1 to be completed prior to the Certificate of Occupancy of the 80th unit. These new culverts will provide additional exchange of water between the Bays during tidal cycles increasing water quality. These culverts will be maintained by Collier County. In the event the culverts are not installed, the Developer shall contribute a sum of money equal to an engineer's estimate of construction cost for the culverts to the County at the issuance of the 54th residential Certificate of Occupancy to use towards providing affordable housing. AFFORDABLE HOUSING: A. The developer or successor and assigns shall make a payment of $5,000 per dwelling unit constructed within the MPUD to the Collier County Local Housing Trust Fund to be used towards providing affordable housing needs in the County. The payment shall be made no later than the issuance of the Certificate of Occupancy for each dwelling unit. (Isles of Capri MPUD PL20210002314) (January 23, 2023) Page 9 of 10 NEW FLUSHING JOHNSON BAY CULVERT No. 1 EXISTING - FLUSHING \ CULVERT -- MPUO '" N MA 00 TARPON BAY N I ---„,...„p N Tr N 44 FLUSHING CULVERTS TO EXCHANGE v J \ WATER BETWEEN JOHNSON BAY AND m TARPON BAY DURING TIDE CYCLES — A- N FOR INCREASED WATER QUALITY Q / NEW FLUSHING N CULVERT No. 2 74* N U N U 2 0 200' 400' Y U — ` SCALE: 1" = 400' -- WHEN PLOTTED @ 8.5"X 11" f. ISLES OF CAPRI MPUD SCALE: el GradyMinor (r.I%c'dy M unr:,uJ\..priulr..P.\. JOB`UDE: :SIInn\In OH Kra TC Pou Sp,lug5,Plnrvdn 3113I rc DATE: j Lunn Surveyors EXHIBIT Fl JunE soxs i Civil Euginrces y Planners Landscape lrchiN['chapels FILE NAME: c,•,1.unuu,.Eli ap05151 Grl.,nV,Im.1.n o,lofa.-n un,.l,irrx r,.2un0u_I;I; TIDAL FLUSHING CULVERTS FCYCF%eF, ISu1Il1a Springs:239'147.1144 Ilull-dra,{r Ili nnr.rn or HO ANees 239.6944380 SHEET 1 OF 1 . 6 RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 January 24, 2023 Merline Forgue, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Merline Forgue, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the corrected Collier County Ordinance No. 2023-02, which was filed in this office on January 23, 2023. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/rra It tir..,10, ;s- FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State January 18, 2023 Merline Forgue, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Merline Forgue, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 2023-02, which was filed in this office on January 18, 2023. If you have any questions or need further assistance, please contact me at(850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/rra R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 UTILITIES: A. Concurrent with the issuance of building permits for the first residential dwelling unit, the Developer shall construct a new master sewage pump station, sewage collection system and sewage force main to Collier Boulevard to service the entire island and consistent with the future sanitary sewage collection and transmission system for the Isle of Capri as planned by the City of Marco Island. The Developer will coordinate with the City of Marco Island (City) to ensure the new sanitary sewer utility facilities are consistent with City specifications and upon completion of construction convey the utility facilities to City for ownership and maintenance. The new sanitary sewer facilities will be sized to accommodate present and future wastewater flows from the Isle of Capri to serve the entire island. In the event the upsizing of the sewer facilities is not completed,the Developer shall contribute a sum of money equal to an engineer's estimate of construction cost to upsize the utility facilities to the County concurrent with the issuance of building permits for the first residential dwelling unit to use towards providing affordable housing. B. A maximum of 54 residential certificates of occupancy may be issued prior to commencement of construction for the two (2) new flushing culverts connecting Johnson Bay with Tarpon Bay. The Developer at its expense will construct two (2) culverts approximately 4' high X 8' wide under Capri Boulevard near the locations shown on Exhibit F1 to be completed prior to the Certificate of Occupancy of the 108th unit. These new culverts will provide additional exchange of water between the Bays during tidal cycles increasing water quality. These culverts will be maintained by Collier County. In the event the culverts are not installed,the Developer shall contribute a sum of money equal to an engineer's estimate of construction cost for the culverts to the County at the issuance of the 54th residential Certificate of Occupancy to use towards providing affordable housing. AFFORDABLE HOUSING: A. The developer or successor and assigns shall make a payment of $5,000 per dwelling unit constructed within the MPUD to the Collier County Local Housing Trust Fund to be used towards providing affordable housing needs in the County. The payment shall be made no later than the issuance of the Certificate of Occupancy for each dwelling unit. (Isles of Capri MPUD PL20210002314) (January 17, 2023) Page 9 of 10