Ordinance 90-042 ORDINANCE NO. 90- 42
AN ORDINANCE A24ENDING ORDINANCE NO. 81-25, AS
AMENDED, WHICH ESTABLISHED THE POINT MARCO
PLANNED UNIT DEVELOPMENT~ BY AMENDING THE TITLE
OF PUD DOCUMENT TO REFLECT TYPE OF DEVELOPMENT;
BY AMENDING THE PERMITTED USES SECTION TO
DELETE REFERENCE~ TO IIOTF.[, U~FJ; AND CI.ANIFY
TIIAT TIlE NATURE OF TIlE PROJECT IS RESIDENTIAL;
BY AMENDING MAXIMUM PROJECT DENSITY TO ADJUST
THE DENSITY DISTRIBUTION AND DELETE RESIDENTIAL
APARTMENTS AS AN OPTION; AMENDING DEVELOPMENT
STANDARDS TO CLARIFY THAT MINIMUM SETBACK FROM
STREET IS TO SOUTH COLLIER BOULEVARD, TO
CLARIFY THAT MINIMUM SETBACK FROM SITE
BOUNDARIES IS TO NORTH AND EAST PROJECT
BOUNDARIES, TO REFLECT AGREEMENT WITH FLORIDA
DEPARTMENT OF NATURAL RESOURCES, TO ADJUST
MAXIMUM BUILDING HEIGHTS, TO DELETE HOTEL UNITS
FROM MINIMUM FLOOR AREA OF DWELLING UNITS, TO
ADD MINIMUM BUILDING SEPARATIONS FOR SECONDARY
BUILDINGS, TO AMEND MINIMUM OFF-STREET P~RKING
AREAS TO CLARIFY INTENDED USERS OF PERMI.~
USES AND TO ADJUST SIZE OF PARKING SPACESi T~
AMEND RECREATION OPEN SPACE - BEACH - DOCKS
REFLECT AGREEMENT WITH FLORIDA DEPARTMENT O~-
NATURAL RESOURCES AND TO CLARIFY DOCK LOCA4~?%
TIONS; AMENDING MASTER PLaN ECTION To
HOTEL REFERENCES AND CLARIFY RESIDENT~A]~'~ ~
CHARACTER OF PRO ECT; A ENDING STREETS SECTIO -'.[
TO ADD REQUIREMENT OF SUBMISSION OF PLANS Te~':'.
PROJECT REVIE~ SERVICES AND TO ADD REQUIREMENt.
~'OF COMPLIANCE WITH RIGHT-OF-WAY ORDINANCE?' '
AMENDING SUBDIVISION REGULATIONS TO CLARIFY
APPLICABILITY OF THE SUBDIVISION REGULATIONS
ORDINANCE; BY AMENDING DEVELOPMENT COMMITMENTS
SECTION TO DELETE REFERENCES TO HOTEL USES AND
CLARIFY NATURE OF PROJECT AS RESIDENTIAL, TO
ADD ENVIRONMENTAL STIPULATIONS RELATING TO
CONSTRUCTION ACTIVITIES AND BEACH; BY AMENDING
STORM WATER MANAGEMENT PLAN SECTION TO DELETE
PREVIOUS DESIGN CRITERIA AND DESCRIPTION AND TO
ADD NEW REQUIREMENTS PURSUANT TO SOUTH FLORIDA
WATER MANAGEMENT DISTRICT RULES; BY AMENDING
POTABLE WATER SUPPLY AND WASTE WATER COLLECTION
SECTION TO ADD VERIFICATION PROVISIONS OF
APPROPRIATE UTILITY; AMENDING THE PUD MASTER
PLAN TO REFLECT THE AGREEMENT WITH FLORIDA
DEPARTMENT OF NATURAL RESOURCES; AND PROVIDING
AN EFFECTIVE DATE; FOR PROPERTY LOCATED ON THE
SOUTH AND WEST SIDES OF SOUTH COLLIER BOULEVARD
ON CAXA34BAS PASS, IN SECTIONS 19 AND 20,
TOWq{SHIP 52 SOUTH, PJtNG E 26 EAST, COLLIER
COUNTY, FLORIDA, CONTAINING 29.9 ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
Wq{EREAS, on May 12, 1981, the Board of County Commissioners
approved Ordina~cu Number 81-25, which established the Point Marco
Planned Unit Development;
W}{EREAS, on December 22, 1981, the Board of County
Commissioners approved Ordinance Number 81-98, which amended the
Point Marco Planned Unit Development; and
-- I --
' Words-s~mek-~h~e~h are deleted; words underlined are added.
Incorporated, representing Antaramlan Development Corporation,
petitioned the Board of County Commissioners of Collier County,
Florida, to amend further the Polnt Marco Planned Unit
Development.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners o~ Coll£or County,
The title of Ordinance No. 81-25, Point Marco Planned Unit
Development, as emended, il hereby amended to read al followll
POINT MARCO RESGRT-HGTEB-EGMPBEX PLANNED UNIT
DEVELOPMENT DOCUMENT
SECTION TWO:
Permitted Uses of Ordinance No. 81-25, Point Marco Planned
Unit Development, as amended, is hereby amended to read as
followe~
PERMITTED USES:
.He~a}---amd--Restdential apartment complex including
on-site recreation facilities, docks, restaurants,
eenYSm~om--~ae~es? and necessary administrative and support
functions to provide for the effective operation of the complex.
Structures necessary to control and administer the
operation of the recreation facilities, docks, and elevated
parking structures - signs as permitted by the County Zoning
Ordinance.
SECTION THREE:
Maximum Project Density of Ordinance No. 81-25, Point Marco
Planned Unit Development, as amended, is hereby amended to read sa
follows:
MAXIMUM PROJECT DENSITY:
Gross development site deneity~
734 ~& Residential Apt. +-~S-He~e}-&-Ap~?-~e~ Units - 24.48 ~79S U/Ac.
29.984 Acres
Words-s~rHek-~h~eu~h are deleted; words ~ are added.
e~nstr~e~ed~---Apa~tment-he~e~-un~s-eenstr~e~ed-en-Bu~d~n~-A~eas
Total units not to exceed 734. 9e~--Max~m~m-~-B~d~-~-~s
Structures nocossary to control and administer the operation
of the recreation facilities, docks, and elevated parking
structures - signs as permitted by the County zoning Ordinance.
Density Distribution:
Building Area 1 ........ 88 90 Residential Apartment Units
Building Area 2 ....... ~ 122 ~Apartment Hete~ Units
Building Area 3 ....... 448 334 ~psidential Apartment Hete~ Units*
Building Area 4 ....... ~4~ 98 Residential Apartment Hete~ Units
Building Area 5 ........ 88 90 Residential Apartment units
9e}, 734 Units Maximum
6ept~ena~-use-~er-res~den~e}-apar~men~s-a~ewed-See-A~eve?
SECTION FOUR:
Development Standards of Ordinance No. 81-25, Point Marco
Planned Unit Development, as amended, is hereby amended to read as
follows:
DEVELOPMENT STANDARDS: See Planned Unit Development Master
Plan for specific setback information. Primary Buildings are
those structures containing dwelling units. Secondary Buildings
are those structures containing parking and other accessory uses.
MINIMUM BUILDING SETBACK FROM STREET SOUTH COLLIER BOULEVARD:
Primary Buildings 175'
Secondary Buildings 50'
Entrance Security Buildings 15'
MINIMUM SETBACK FROM SITE BOUNDARIES:
Adjacent RT-z~ne~--p=epe=ty to north and east Project
Primary Building 75'
Secondary Building 50'
Adjacent to Existing Seawall ~,
Primary Building 75'
Secondary Building 50'
Adjacent to beach
EXCePt as provided bY Florida DePartment of Natural
Words-struck-through are deleted; words ~nderlined are added.
Resources Aaroomont No. AGR-CO 003. ~here shall be no Ho
construction seaward of the 1989 Coastal Construction Setback
Line.
MAXIMUM BUILDING HEIGHT~
Primary Building Area:
~--Omd--4TT~TTTTTTT~e--B~e~eB*
1 and 5 .......... 12 ato~ies*
2 and 4 .......... 1~ stories*
), ......... 15 stories*
Secondary Building Areas: Four Story *
Recreation - Open Space~ One Story
· Above required Flood P~ane Plain Elevation
MINIMUM DWELLING UNIT FLOOR AREA:
Apartments 750 Sq. Ft.
MINIMUM BUILDING SEPARATION:
Primary Buildings 50 Ft.
Primary Buildings to Secondary Buildings and between
Secondary Buildings --Nancy 20 Ft.
MINIMUM OFF-STREET PARKING AREAS:
' Each residential Apartment Unit ............ 2 Spaces
Other permitted uses such aa restaurants, lounges,
eEHbsT--%hea~=es?--ma=Enes and recreational facilities are
intended for the use of =egEs~e=ed residents and guests and
shall require 60% of the parking spaces required by the
Zoning Ordinance. eenwe~en-mee~mg-~oems-she~-~eq~me-~e%
Minimum size of off-street parking spaces shall be
~8--~ee% as required by the Zonin~ Ordinance at the t~me of
issuance of the permits therefor.
RECREATION OPEN SPACE - BEACH - DOCKS:
Maximum Building Height ...................... One Story
Minimum Separation of building from
Primary or Secondary Building ........... 35 Ft.
Beach - No structures seaward of the 197~ Coastal
Setback line except shade structures (chickees) and beach
walkovers only after approval of the appropriate regulatory
Words-st~uek-%hrou~h are deleted; words ~ are added.
agencies of Collier County and in accordance with the Florida
Department of Natural Re~ourqes Aareement No. AGR-CO 003.
Public Beach Access - A 20 foot wide strip along the
north property line ~s h~ a~ea~ed dedicated for
public beach access. ~h~s-s%r~p-m~s~-Be-deeded-~-~he-puB~e
foF--beaeh-aeeess-uae-pF~or-~o--bu~d~ng-pe~m~s-be~ng-~ssued
Docks - The length of the docks from the property line
shall be limited to 30 feet. Docks are permitted in the
~, location indicated on the Master Plan. The dock setbacks are
as indicated on the Master ~lan. Docks are 6Hes%-deeks not
~ to be used for overnight accommodations. No gas or other
~-~ fuel sales to the public is permitted.
SECTION FIVE:
Master Plan of Ordinance No. 81-25, Point Marco Planned Unit
Development, as amended, is hereby amended to read as follows:
MASTER PLAN:
The approved Point Marco Res~%-eamp~a~ PUD Master Plan shall
be the controlling document for the development of the project.
~'. The project will be developed in increments and each increment
shall be developed in compliance with the PUD Master Plan. The
~.. project will have a security entrance and a single traffic
connection to Collier Boulevard. The general public will continue
~:' to have traditional use of the beach and development of this
i!,:~ project shall not reduce or impede that right. Public beach
access is provided along the north property line of the project.
The docks proposed are intended for the temporary use of ~he
~. ~esa=~--=amp}ex residents and thgir guests. Periodic use by
'~{' charter fishing boats to serve guests o~--%he-ho~e~ is permitted.
Docking facilities for shuttle boats to transport
~. their hate~ guests to the primitive beach to the south for brief
~T~ ' daytime outings is permitted.
SECTION SIX:
Streets of ordinance No. 81-25, Point Marco Planned Unit
i~>" Development, as amended, is hereby amended to read as follows:
Words-s~ruek-%h=~u~h are deleted; words underlined are added.
~" STREETS=
INTERNAL IMPROVEMENTS=
i. Internal streets within the project will be designed to
specifically provide access to the various primary buildings
~" and the parking facilities. No general public use of these
,~ streets will be allowed due to the limited security entrance
i" to be provided on the one connection to Collier Boulevard.
~i' No maintenance will be requested or required of the County
for the streets or any of the facilities on the site nor will
the streets be dedicated to the public.
Direct road access shall be provided for fire and other
emergency vehicles to all buildings including the Beach Club
· :' Restaurant and guest docks
" Detailed DaVin0. aradino, site drainaoe and utility
~' Dlans shall be submitted ~Q Project Review Services for
~. r~¥1~w. No Construction permits shall be issued unless and
until approval of the DrODOSed construction in accordance
iii with the submitted plans is oranted by Pro4ect Review
Services.
EXTERNAL IMPROVEMENTS:
'~ A. A southbound right-turn lane and northbound
left-turn lane shall be provided at the =ese~ complex
I~,,' entrance. The design of these lanes, including length, shall
be submitted to and approved by the County Engineer.
B. A traffic signal shall be installed at the =es~=~
complex entrance when deemed warranted by the County
Engineer. The signal shall then be owned, operated and
maintained by Collier County.
C. Sidewalks shall be provided along the entire length
of the property fronting on Collier Boulevard.
D. The developer shall landscaps and maintain the
median strip of Collier Boulevard along the length of this
~ property.
E. Wor~ within Collier County riaht-of-wav shall m~
Words-s~ruek-~h=eugh are $~e_%eted; words ~ are added.
the reauirements of Collier ~q~D~¥ riaht-of-w~¥ Ordinance No.
82-91.
SECTION SEVEN: ~!.
Beach Access of Ordinance No. 81-25, Point Marco Planned Unit
Development, as amended, is hereby amended to read as follows:
BEACH ACCESS:
A twenty foot wide strip ks has beer provided along the north
property line for public beach access. This strip shaCk--be has
been Seeded to the-p~b~e ~ p~o~-te-bu~d~n~-perm~s
be~ng--~ssaed-~e=-Bu&}d&m§-A=ea-~S, said deed havina been recorded
at O.R. Book 1163. Pa~e 1358. This dedication was a reauirement
and condition of the PUD approval oranted bv Ordinance No. 81-98.
SECTION EIGHT:
Subdivision Regulations of Ordinance No. 81-25, Point Marco
Planned Unit Development, as amended, is hereby amended to read aa
follows:
SU D V S O. RE UL T O.S=
r ',,
· h~s--~ae~-w~-be-deve~eped-w~h--p~va~e-~n~e~na~-s~ee~e? '
wa~ksr--reerea~en-Eae~es?--and--veh~eu~ar-park~ng-str~e~u~es?
P~an--Bes~g~-er~e~e-ree~ed-~n-~h~s-deeumen~--The-s~e-w~-ne~
be-sabd~ded-ande~-eean%y-Sabd~v~s~en-Re~a~a~e~s~
No obstruction to the traditional public use of the beach
will be impaired by any activity on this site.
Except as provided herein, the re~uirements of the
Sulxlivts~on Ordinance must be met. Plattin~ shall be reauired
only if the ~ro~ect ts not developed In accordance with the
etinulations contained ~erein. nrovided the ~lattin~ of tho
Dro4e~g would be required ~t tha~ time under the a~licabl~
ordinances.
The Dro4ect is intended to be developed as a single
integrated project, with each "buildin~ area" constituting
separate condominium entity under a ma~ter;umbrella association.
Words-struek-threugh are deleted; words RD&I~ are added.
.~. h. Prior to sale. transfer or development of any portion of
the property, the ~aster/umbrella a~sociation shall be
~" formed and restrictive covenants imposed on the land to
~ be sold. transferred or developed sub~ectin~ the land to
covenants which will DrQvide that the master association
,.. ],..,. Own and maintain ~he common areas of the Project
including, but not limited to the followin~:
:~ .il. ~ater distribution system:
ii% Sewer Collection system:
~"' iii~ ~orm water management facilities:
~. ivl Vehicular and pedestrian internal
~irculation facilities:
~:. Mi Common recreational facilities:
vii) Security features: and
~iii) Site liahtin~ features.
2. Have the authgrity and responsibility to assess th9
individual condominiums or condomin~um units
maintain said facilities and have maintenance
. responsibility for said facilities~
B. All construction shall conform to SDP No. 89-1S2. as the
i~ ~ame may be amended pursuant to the PUD Document
~': Master Plan and Section 10.5 of the Collier county
Zoning Ordinance. However. the technical specifica~ions
~: £or the infrastructure related items more particularly
;!/. described in Section A. 1. hereof shall not be subject
'~-" ~o the Subdivision Regulations except as otherwise
Provided herein.
:!:' C. All construction shall conform to current Collier County
buildina codes and fire and life safety codes.
SECTION NINE:
'.:. Development Commitments of Ordinance No. 81-25, Point Marco
Planned Unit Development, as amended, is hereby amended to read as
:' follows~
Words-s~ek-khra~gh are deleted; words underli~gd are added.
DEVELOPMENT COMMITMENTS:
OPERATION, MAINTENANCE AND MANAGEMENT:
It is intended that the entire project be operated
primarily as a ~ese~--he~e~ ~ complex
8p%½ena~-~es~denk~a~-aper%mefl%-~se-e~-A~ea-~-~e-a~ewed,
Res~dem~½a~--aga=~mem~-ewners-~S~%es-~-end--5~-w~}~-have
he%a}---g~es%s? The managers of the complex will be
responsible for the ope~ation, maintenance and management
all the common open space facilities and recreational
activities. An entry security gate will be utilized 24 hour~
a day to control entrance to the development.
A. Outdoor liahttnu associated with such construction
and development, within 300 feet of the hiah tid~ lin~, shall
be in compliance with Section 3 of Collier Countv Ordinance
No. 88-52.
B. ~etitioner shall not construct anv structure, add
any fill. mechanically clean any beach, or arade any dirt
within 100 feet of the nestina zone of a beach where turtles
nest or may nest dUrtna the nesttn~ season tpertod between
May i - October 31) without first obtaining a Construction
Sea Turtle Nestina Area Permit pursuant to Collier County
Ordinance No. 88-52.
C. If it is necessary for vehicles to be on the beach
for construction of the walkovers or dune enhancement,
petitione~__shall aPPlY for a vehicle on the Beach Permit,
~ubJect to review and approval, by the Plannin~ Services
Environmental Review Staff, prior to any construction
activity,
- 9 -
Words-s%~uek-%h=e~gh are deleted; words ~ are added.
P_~ ~lj;sLoner shall notify tho Planninc Services
F~lY_i~nt~. Beview Staff prior ~o com~ncina work seaward
of the Coastal Construction Control Line and shall contact
tho Planning ~grvices Environmental Review Staff within two
weeks fol~q its completion.
SECTION TEN:
Storm Water Management Plan of ordinance No. 81-25, Point
Marco Planned Unit Development, as amended, is hereby amended
read as follows:
STO~ WATER ~NAG~ENT P~:
Design Discription:
Be~eva~d-a~-a-~a~e-~ess-eham-%he-p~edeve~epmemt-eemd~em,
~ I~ accordance with the Rules of the South Florida
Water Management District. (SF~D~ Chapters 40E4 and 40E-40.
this Dro~eEt shall ~e desicned for a storm event o~ 3 day
duration a~d 25-year return frecuencv. Discharae shall
limited to ~re-develoDmeDt run-off rates.
~ L~dsca~inc shall not be placed within the water
~aDaqement _areas u~less specifical~v approved bY
Review Servi~e~
~ '~h~ desicn of the rock trench system and storm
:~ - 10 -
,~.
"" Words-s~ruek-ehr~l~h are deleted; words ~ are added
~n~omont shall bo in full com~lianco with So~th Florida
water Management District Rules.
SECTION EL~IEN:
Potable Water Supply and Waste Water Collection of Ordinance
NO. 81-25, Point Marco Planned Unit Development, as amended, is
i= hereby amended to read as follows:
POTABLE WATER SUPPLY AND WASTE WATER COLLECTION:
This project is in the franchise area of Marco Island
Utilities. This utility company has guaranteed euffiolent ler¥1ce
for potable drinking water and waste water collection for this
,> site at its total developed density.
~ V~r~.fication from the Marco Island Utilities etatina that
· '.' they have reviewed and approved the water and sewer facilities
construction document to serve this Dro4ect is required and must
accomD~n~ th~ final site develpmment plan.
verificatio~ of sewa~ treatment capacity pursuant to
ordinance No, 8Q-~2 ~9 serviges this project is required and must
~'. accompany the fina~ site davelpnment plan.
'" SECTION TWELVE:
~.: 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 Com~ieeioners
of Collier County, Florida, this ~.2nd day of May , 1990.
k-' ..ATTEST:~'', BOARD OF COUNTY COMMISSIONERS
"~" JAMES C.. ~I~ES, Clerk COLLIER COUNTY, FLORIDA
MAX A. HAS~E, JR. ~ Chairman
. i. '-... .
Approved as to form and
legal sufficiency:
I11. . ~
MarjoFi, M. Student
County Attorney
Words-s~Hek-%hee~h are deleted; words underlined are added.
STATE OF ~LORIDA ) ,
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify tha~ the foregoing la a true copy of:
Ordinance No. 90-42
which was adopted by ~he Board of Count~ Commissioners on
the 22nd d~y of May, 1990, during Re~lar Session.
WITNESS my hand and the official seal of ~he Board of
County Commissioners of Collier County, Florida, this
Clerk of Courts and Cl~k
Ex-officio to Board of.~ .
County Co~lssloners ~
( Deputy Clerk