Ordinance 94-46 ORDINANCE 94 - 46
, ON THE FOLLOWING DESCRIBED P :
SE~ION ONE, P~I~ED USES, TO ADD A REFEREE
TO ~E ~O P~ING ~TS TO BE SIVATED ON P~L
II; SE~ION ~0, P~CEL II D~E~PM~T
ST~D~S, TO S~ FORTH D~E~PMM ~D
OPE~TING ST~D~DS FOR BOTH THE MICA ~D CO~TY
P~ING ~TS; SE~ION ~REE, B~CH ACCESS, TO
ADD PROVISIONS FOR ~E REL~SE OF D~E~P~'S
R~T~ RIGHTS RESTIVE TO ~E B~ ACCESS
P~CEL; AND SE~ION FO~, BY PROVIDING FOR
EFFE~IVE DATE.
WHEREAS, on May 12, 1981, the Board of County Commissioners of
Collier County, Florida (heroinafter referred to as "Board") approved
Ordinance Number 81-25, which established the Point Marco Planned
Unit Development (PUD); and
WHEREAS, subsequent thereto the Board approved several
amendments to the Point Marco PUD; and
WHEREAS, the Board in 1991 adopted Ordinance No. 91-42, amending
the Point Marco PUb, which contained certain obligations of the
developer regarding improvements to Parcel II of the PUD Master Plan
relating to a parking lot to be deeded by the developer to the Marco
Island Civic Association (MICA); and
WHEREAS, in 1985 the Board accepted a special warranty deed
conveying a twenty foot wide public beach access to Collier County,
with a reversiondry interest to the developer, located at the
immediate northern boundary of the Point Marco PUb; and
WHEREAS, the Board adopted Resolution No. 92-645 on December 1,
1992, authorizing the County staff to acquire by gift, purchase or
condemnation Lot 1, Block 340, Marco Beach Unit 10 (also known as
Parcel II of the Point Marco PUb) for the purpose and use as a public
parking lot, and also to remove all reversiondry rights for the
twenty foot wide public beach access as set .forth in the special
warranty deed recorded in O.R. Book 1163, Page 1358, Official Records
of Collier County, Florida; and
,00~ [187 ~".~ 2(~7
Words~JaJaJ_~ are additions; Words =truck through are deletions.
WHEREAS, pursuant to Board direction, the County Attorney's
office filed an eminent domain case to condemn such property rights,
said case styled as Collier County v. Point 'Marco Development
Corporation, etal., Case No. 92-4315-CA-01-TB; and
WHEREAS, the parties to the litigation entered into a Settlement
Agreement dated May 17, 1994 in which the parties agreed to amend the
Point Marco PUD in regard to the Parcel II parking lot, especially
the uses thereof and other regulations and stipulations; and
WHEREAS, in accordance with the aforereferenced Settlement
Agreement, the Board of County Commissioners of Collier County,
Florida does hereby amend the Point Marco PUD.
NOW, THEREFORE BE IT ORDAINED by the Board of Collier County,
Florida that:
~ AMENDMENT OF PERMITTED USES SECTION
The Permitted Uses Section of Ordinance No. 81-25, as amended,
Point Marco Planned Unit Development, with reference to Parcel II
only, is hereby amended to read as follows:
PERMITTED USES:
Parcel II:
On-grade #--~-- facilitie~ to provide two parking ~e~
areas as identified and depicted on the Site Sketch attached
hereto and incorporated by reference herein as Exhibit C: an
approximate 1.0 acre Parcel to be known as the "County Parkinq
Facility" (Parcel IIA] to provide Darkin~ for the ~enera]
PUbliC: and an approximate 2.1 acre parcel to be known a~ the
"Marco Island Civil Association (MICA) Park Facility" (Parcel
IIB) to provide parking for Marco Island residents: both in
conjunction with the public beach access, together with passive
recreational and park facilities and signs as permitted by the
County Zoning Ordinance and Sign Ordinance.
~LF~=J~_]3~LQI AMENDMENT TO PARCEL II DEVELOPMENT STANDARDS SECTION
The Parcel II Development Standards Section of Ordinance No.
81-25, as amended, Point Marco Planned Unit Development, is hereby
amended to read as follows:
PARCEL II DEVELOPMENT STANDARDS:
There will be allowed e ~ two on-grade parking
~-~:~=~" facilities; an approximately 1.0 acre ParCel to be
known as the "County Parkinu Facility!' to Provide Darkin~ for
the ueneral PUblic: and a 2.1 acre parcel to be known as ~b.
"MICA Park Facilities" which will Drovide~Darkinq for Marco
Island residen~S; Thi= '--a'a~" ~ill ~D~lhOth Darkinq facilities
allow Include passive recreational facilities, such as e bath
[- 67 268
Words underlined are additions; Words =truck ~ ...... are deletions.
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~ee, I park, e~ ~ ~ picnic tables, landscaping,
decorative walls, ~ =~=.- .~e e~y~Pe~% pPe~
~ ~ere are deed restrictions applicable to Parcel
which are recorded at O.R. Book . Paoes .
Development of Parcel II~shall oc~r in accordance with the
following standards:
~N~ BUI~ING S~A~ ~OM SO~ COLLI~ BO~~:
Parking Area 20'
St~c~ures (chi~kee, etc.) 30'
p~corative Wall
EN~ S~A~ ROM SW~W A~E:
Parking ~ea ~'~
St~ctures 30'
Maximum Building Height I S~o~
Minimum Separation of Strictures 3~t~ Feet
Decorative Wall
~e County Parkinu Facility parcel shall be improved by the
County. at a time dete~ined by the County. and shall be subject
to the followin~ conditions:
~e use thereof shall be restricted to a Darkin~ lo~ With
maximum of seventV ~701 Darkin~ spaces for use by the
q~ral PUbliC and passive recreation facilities.
~e Darkin~ f~cili~v shall be fenced with a four foot ~4'~
chain link fence.
Pedestrian and vehi~lar access to the Darktn~ facility
shall only ~ via Swallow Avenue as more Da~i~larly se~
forth in ~hibit C attached hereto and incomorated herein
}v reference,
COunty shall Drovide a twenty foot ~20'1 landscape buffer
~ the north and east sides of the Darkin~ facility
accordance with the landscaDin~ retirements set forth in
Division 2.4 of the County Mnd Development Code.
~ The development of the Darkinu facility is subject to ~11
provisions of the County Land Development Code. and all
other ~Dplicable Ordinances. includinu Drovidin~ all water
manauement reuuired on the County Parkinu Facility. and the
Point Marco P~. as amended.
The hours of operation shall no~ commence prior to sunrise
or extend ~yond one-half hour after sunset. unless
specifically aDDroved in ~tttng by. the Developer.
~e MICA Park Facilities shall be improved by the DevelOper
and shall be subject to the followin~ ~ondi=ions:
~e use of the ~ark facilities shall be restricted
~cre Darkinu area with a maximum of seventy ~70~ Darki~q
spaces for use in the same manner a~ the existin~ MICA
residents beach Darktnu lo=. The remainder Of the Dark
Words~are addttions~ Words ....... ~ ...... are dele~ions.
-3-
facilities shall be used soleiv as a naBslye recreation
area and omen soace area as depicted on the Site Sketch
attached hereto as Exhibit C.
b. Pedestrian and vehicular access shall be limited as
depicted upon the Site Sketch attached hereto as Exhibit C.
c. The hours of oneration shall not commence prior to sunrise
9r extend beyond one-half hour after sunset.
SECTION THREE: AMENDMD~ TO BEACH ACCESS SECTION
The Beach Access Section of Ordinance No. 81-25, as amended,
Point Marco Planned Unit Development, is hereby amended to read as
follows:
A twenty foot wide strip has been provided along the north
property line for public beach access. This strip has been
deeded to Collier County - said deed having been recorded at
O.R. Book 1163, Page 1358 and the release of the reverter cla~
in said deed havina been recorded at O.R. Book ;~70 . PaGe 7&_d~,
This dedication was a requirement and condition of the PUD
approval granted by Ordinance No. 81-98.
~ EFFECTIVE DATE
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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this .~O?t~C day of~ 1994.
BO OF COUNTY CO ISSIONERS
.~ u ) ii.,)' .. CO
,"' ,'.i':: ' ~,' '
AND' ~~F~C~CY:
D
~SIST~ CO~ A~EY ~ ~ of
Words ~ are additions; Words ...... ~ ~ ....... are deletions.
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- SwalSow "'J, KI.L~R
~ -- Cou~ly Parking Facility
· ,. Island Parking Facility
~ ~ And
m Pas~tva Park
"' ~ ~ ~ ~ ~,4..
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STATE OF FLORIDA
COUNTY OF COLLIER
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify %hat the foregoing is a true copy of:
Ordinance No. 94-46
which was adopted by the Board of County Commissioners on
the 20th day of September, 1994, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners cf Collier County, Florida, this 21st
day of September, 1994.
DWIGHT E. BROCK :'1":' "
Clerk of Courts and Clei~ '
Ex-offlcio to Board
County Commissioners ~; -.:
By: ,'s/~llte Hoffman ,,,~ Deputy Clerk