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Ordinance 2010-05 '\1 -I E ~:' 'to )l; t Rt~H~tU rEB 2010 "',f ORDINANCE NO. 10- n" (::',) ..".:XN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ?:f'G1~~' OF COLLIER COUNTY, .FLORIDA, AMENDING RESOLUTION ./ NUMBER R-73-22-C WHICH ESTABLISHED THE NAPLES BATH AND TENNIS CLUB PLANNED UNIT DEVELOPMENT (PUD), AS AMENDED BY ORDINANCE NliMBER 74-47, AS AMENDED BY ORDINANCE NUMBER 75-48, AND AS AMENDED AND RESTATED BY ORDINANCE NUMBER 81-61, IN ORDER TO AMEND THE DEVELOPMENT PLAN COVER PAGE TO ADD INFORMATION CONCERNING THE AMENDMENT; TO AMEND SECTION II, PROJECT DEVELOPMENT, SliBSECTlON 2.3.B, RELATING TO TRANSIENT LODGING FACILITIES TO REMOVE THE REFERENCE TO SEPARATE APPROVAL BY THE PLANNING COMMISSION; TO AMEND SECTION IV, TRACT B: RECREATIONAL CLUB DEVELOl'MENT, SUBSECTION 4.3.B.3) RELATING TO TRANSIENT LODGING FACILITIES TO AMEND THE SITE DEVELOPMENT PLAN PROCESS FOR THE TRANSIENT LODGING FACILITY AND TO ADD DEVELOPMENT STANDARDS AND LIMITATIONS FOR THE TRANSIENT LODGING FACILITY; TO AMEND SECTION IX, DEVELOPMENT STANDARDS TO ADD SECTION 9.12, TRANSPORTATION IMPROVEMENTS AND TO ADD ANY FliRTHER STIPULATIONS OR REGULATIONS THAT MAY RESULT FROM THE AMENDMENT PROCESS; AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Michael R. Fernandez, of Planning Development Incorporated, representing Tennis Realty. LLC, petitioned the Board of County Commissioners to amend the Naples Bath and Tennis Club PUD, Resolution Number R-73-22-C, as amended and restated. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO COVER PAGE OF RESOLUTION R-73-22-C, AS AMENDED AND RESTATED, THE NAPLES BATH AND TENNIS CLliB PUD The Cover Page of the Development Plan (also known as the Planned Unit Development Document), previously attached as Exhibit "A" to Resolution Number R-73-22-C, as amended and restated, the Naples Bath and Tennis Club PUD, is hereby amended to read as follows: J 01'5 PUDA-PL201l9-78I Rev. 1/12/10 - mw - -- ----~.....~--_._"~...'~--~ PREPARED FOR: NAPLES BATH & TENNIS CLUB, INC. BY: ENGINEERS WILSON, MILLER, Bi\RTON, SOLL & PEEK, INC. 1383 Airport Road North Naples, Florida 33942 ENGINEERING PROJECT NO.: 19433 EXHIBIT "A" CONTAINING 34 PAGES 2009 Amendment Prepared For: TENNIS REALTY, LLC Bv: Michael R. Fernandez, AICP Of Plannintl Development Incorporated 5133 Castello Drive Suite 2, Naples, Florida 34103 239.263.6934 I 239.263.6981fax mfernandez(ij)pla n n inti developmentinc.com DOCUMENT DATE: JULY 17.2009 SECTION TWO: AMENDMENTS TO PROJECT DEVELOPMENT SECTION OF RESOLVTION R-73-22-C, AS AMENDED AND RESTATED, THE NAPLES BATH AND TENNIS CLUB PUD Paragraph 2.3.B., entitled, "Project Plan and Land Use Tracts" of Section IT, entitled "Project Plan and Land Use Tracts" of Resolution Number R-73-22-C, as amcnded and restated, the Naples Bath and Tennis Club PUD. is hereby amendcd to read as follows: B. Transient lodging units accessory to the main Clubhouse facility shall be constructed in Tract B Rccreational Club area. subjeet to :;epElfilte approval by thc Plmming Commission subjeet to "eparate approval by the Planning CommissioHc 201'5 PUDA-PL2009-78 ) Rev.I/12/10-mw SECTION THREE: AMENDMENTS TO USES PERt'WITTED SECTION OF RESOLUTION NUMBER R-73-22-C, AS AMENDED AND RESTATED, THE NAPLES BATH AND TENNIS CL UB PUD Paragraph 4.3.8.3. of the "Uses Permittcd" Section of the Development Plan (also known as the Planncd Unit Development Document) of Resolution Number R-73-22-C. as amcnded and restated, the Naples Bath and Tennis Club PUD, is hereby amended to rcad as follows: 4.3 USES PERMITTED No building or structure, or part thereof; shall bc erected, altered or used, or land or water used, in whole or in part, for other than the following: * * * B. Acccssory Uses: * * * 3) Transient lodging units are hereby found to be an appropriate and compatible accessory of this privatc club development, not withstanding anv other timing or completion provision for phased development plans set forth elsewhere in this PUD Ordinance, so long as such units will complv with thc development standards set forth bclow. The transient lodging units shall be subiect to review and approval through the Countv's adopted site development plan procedurcs as provided tor in LDC Section J().02.03 or as it mav be amended, grior to issuancc of building permits. Criteria to be cvaluated by stafl' as part of the site development plan review process shall include. but not be Iimitcd to the following issucs: the f{)r such transient lodging units, regaffiless-Bf-area-lec-ffiiBR,-lhe Planning Commission at a scheauled public Reuring will consider for appnwili-+he-site-plaa,number of units, square footage per unit, building design, landscaping and parking requircments ofthe LDC. a) Transient Lodging Units - Additional Development Standards and Limitations: i) The minimum setback from a tract boundarv shall be the same as for buildings for Principal Uses, as set forth in Paragraph 4.4.2.A.. below. ii) Transient lodging units shall be phvsically proximate to the club house and its associated restaunmts. loungcs, and rccreational facilities. The transient lodging units shall be located in a structure( s i that shall be a physical cxpansion or extension of, or within 30 feet o( the_ club house and its as~ociated restaurants, loungcs, and reercationalf~lcilities. jii) The total sitc area proposcd for the transicnt lodging facilities shall not exceed 5% of the Tract B area. iv) The height shall bc limited to a maximum of two (2) stories not to exceed 30 feet. v) Parking arcas shall be as requircd bv the LDC in etTect at the time of final site development plan 'lJ2!ilif,ljioll. vi) Thc maximl!m.JlumbeUU'-J,ansient lodging units shall be limited to, and shall be detennincd in part. b.Y.Jhe application of thcse devclopment standards; provided fUl1her that the total number of transient lmlging units mav be lcss than. but shall not exceed 48 units, 301'5 PlJDA-PL2009-78t Rev. 1/12/10 - JBW vii) The pavcd drivewav, which is the southern leg of the western extension of Clubhouse Drive within Tract B. shall not be relocated/movcd, SECTION FOUR: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION OF RESOLVTION NUMBER R-73-22-C, AS AMENDED AND RESTATED, THE NAPLES BATH AND TENNIS CLUB PUD Subsection 9.12., "Transportation Improvements" is tcxt to bc added to Section IX. Development Standards, of the Development Plan (also known as the Planned Unit Dcvelopment Document) of Resolution Number R-73-22-C, as amended and restated, the Naples Bath and Tennis Club PUD, is hereby amended by adding subscction 9.12, "Transportation Improvements" to read as follows: 9.12 Transportation Improvements Should there bc opcrational deficicncics at the intcrscction of Pine Ridge and Airport- Pulling Roads at the time of application for site developmcnt plaI2l\lr transicnt lodging units for Tract B. then the developer shall pay its fair sharc of thc cost of any transportation or transportation related improvements for the transient lodging units, such as. but not limited to, contributions toward an intelligent managemcnt svstem/SCOOT. SECTION FIVE: EFFECTIVE DATE This Ordinancc shall become effective upon filing with the Dcpartment of State. PASSED AND DULY ADOPTED by super-ma'ority vote by the Board of County Commissioners of Collicr County. Florida. this.;l"~iay of. . 20 I O. ;\ TTEST: DWIGHT E. BROCK, CLERK r-~";~~~~L :\~ ~ t~C:-~jqt~ Clerk .i>;'~ilt'lf'll 11.' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: (', ;'\. <,,;1,,:\:;(,,(,<, FRED W. COYLE, Chairman 11 . ,JL 1,,-';> 4 of 5 t . ~w ',:?.(;,[U "'>i>'-, " ~ .... ..~~ PUDA-PL2009-78J Rev. 1112110. JBW Approved as to form And legal sufficiency: ~ --B"\2) ~ Jenni er B. White Assistant County Attorney 09-CPS-00979/43 501'5 PUDA-PL2009-781 Rev. 1112/10 - JBW 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 that the foregoing is a true and correct copy of: ORDINANCE 2010-05 Which was adopted by the Board of County Commissioners on the 26th day of January, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of January, 2010. DWIGHT E. BROCK ".. Clerk of Courts, alW;CIerk Ex-officio to Boar;d of County Commiss,iQhers " Deputy Clerk