Ordinance 99-68ORDINANCE NO. 99- 68
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-
102 THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY AMENDING
THE OFFICIAL ZONING ATLAS MAP NUMBERS 0523N
AND 0523S; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" (A PORTION OF SABAL BAY)
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
HAMILTON HARBOR PUD, IN ACCORDANCE WITH AN
INTERLOCAL GOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF NAPLES AND COLLIER
COUNTY, FOR A MARINA LOCATED WITHIN THE
COLLIER COUNTY JURISDICTION, IN SECTION 23,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 21' ACRES; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 10, 1986, the Board of County Commissioners of Collier
County, Florida adopted the CDC PUD Ordinance No. 86-77, commonly referred to as the Sabal
Bay PUD; and
WHEREAS, a portion of the Sabal Bay PUD property is proposed to be developed as a
boat storage facility to be known as the Hamilton Harbor Planned Development; and
WHEREAS, approximately 103 acres of the proposed Hamilton Harbor project are
located within the jurisdiction of the City of Naples and approximately 214. acres are located
within the jurisdiction of Collier County, Florida; and
WHEREAS, on April 13, 1999, the Board of County commissioners of Collier County
entered into an lnterlocal Government Agreement with the City of Naples wherein it was agreed
that the City would, among other things, adopt a PD' Zoning District for the entire Hamilton
Harbor project, including the 2la: acres portion thereof situated in Collier County; and
WHEREAS, on June 2, 1999, the City of Naples in accordance with the provisions of the
aforesaid Interlocal Government Agreement adopted zoning for the entire Hamilton Harbor
project including the 214. acres thereof located within Collier County; and
WHEREAS, on August 4, 1999, certain paragraphs of said Interlocai ·
Agreement were amended to provide clarification, said amendment being agreed ~.~ by th~
City and County; and
WHEREAS, pureuant to the t~ras and conditions of the Interlocai ~,~e~~
Agreement, as amended, it is necessary for the Board of County Commission~r~f ~llier
County to adopt a PUD rezone that implements and is consistent with the Interlocai Government
Agreement, as amended, and the City of Naples' PD Zoning District for the 214. acre portion of
the project lying within Collier County; and
WIlF. REAS. George L. Vamadoc. E~uir¢ of Young, van Assendcrp. Vamadoe &
Anderson, P.A., rcprcstmting Iiamilton llarbor, Inc., petitioned the Board of County
Commissioners of Collier County Io change thc zoning classification of Ihe herein dcscribed real
property from "PUD" to "PUD" in accordance with the terms and conditions of thc PD Zoning
District adopted by the City of Naples pursuant to Ihc above-referenced Interlocal Government
Agreement. as amended;
NOW. TllEREFORE Bt:. IT ORDAINED by thc Board of County ('ommissioncrs of
Collier County, Florida II,at:
gEcrlolq oN[r$: REZONE FROM CDC PUD TO ilAMILTON IIARBOR PUD.
The zoning classification of the following described land contained within the existing
CDC PUD (Ordinance No. 86-77) and consisting of 21:!: acres, as indicated on Official Zoning
Alias Maps numbered O523N and O523S, as described in Ordinance No. 91-102. as amended, is
hereby changed from "PUD" to "PUD" in accordance with the City of Naples' PD Zoning
Ordinance No. 99-8545 attached hereto and incorporated by reference herein:
All that part of Section 23, Township 50 South, Range 25 East, Collier County, Florida,
being more particularly described as follows:
Commcncing at thc southwest con'~r of~id Section 23;
thence along the west line of said Section 23, Noah 00~06'04" West 2039.29 feet to the
Point of Beginning of the parcel herein described;
thc'ncc continue along said section linc in thc following two described courses:
I) North 00~ 06'O4" West 653.01 feet;
2) North 00'~i3'12' West 305.62 feet;
thence leaving said section line North 89'~24'52" East 1333.23 feet:
thence North 00'~32'30" West 30.00 feet;
thence Noah 89',s, 24'52' East 50.00 feel;
thc-ncc South 00'~32'30" East 537.45 fcct;
thcnce South $9'~,29'24" West 916.48 fcc, t:
thence South 00'~06'04' I:.a~l 453.00 feet;
Ihencc South 89'~.29'24' West 470.01 fcet Io Ibc Point of Bcginning of the parccl
herein dcscnbed;
Subject to casements and restrictions of record.
Containing 21.02 acres more or less.
Thc Official Zoning Atlas Maps numbered O523N and 0523S, as described in Ordinance No. 91-
102, as amended, are hereby amended accordingly.
SECTION TWO;
ADOPTION AND RATIFICATION OF CITY OF NAPLES'
ilAMII.TON ilARBOR PD ZONING ORDINANCE TO COI.LIER
COUNTY PORTION OF IIAMILTON llARBOR PUD.
Thc land use, dcvclopment and other standards contained within the City of Naples'
ltamiilon }{arbor PD Zoning Ordinancc (Ordinance No. 99-8545) attached hereto and
incorporalcd by reference herein as Exhibit "A" arc hercby adopted, ratified and made applicable
to the herein described portion of the Hamilton Har'oor PUD consisting of 21± acres and being
located in Collier County by the Board of County Commissioners of Collier County.
SECTION THREE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~t, day of.~~,.~.,.~,~ 1999.
..... ... ~ , ,.
Approved ~ to
~d Legal Sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chairwoman
Assistant County Attorney
G:\users~BETSY~WP8\HAMILTON HARBOR~PUD REZONE ORDINANCB. wpd
This ordinance flied with the
..~ecretary of State's Office th_.e
and acknowledgement of that
filina received this ~ day
Deputy Clerk
Book Il2 · Page
Ac~ucla Item
l~eet~n9 o£ 6/2/99
99-8545
AH ORDIHXHCE GRAHTIHG ~ DEVELO~ PET/T/OH 99-1%8 IN O~DER TO REZCH4E
:124 ACRES ~ AIkTACENT TO AHD SOUTH AHD EAST OF BAXVZEW PARK ~ IC,"
COHS~ZOH TO ~I)D, ~ L)~ DEVELOL:t'IEHT, lfORR I~AI~TZCULM~Y DESCRIBED
Collie= EnCeL'p=tses, petXtione= and o~ne=, has £equested to
=ezone said p=ope=ty ,=om 'C,# Conservation Co 'PD,' Planned
Development; and
following a public hea=£ng, the Planning Advisocy Boa=d has
consldeced the cecomnendation of the staff and the publ£c £nput
and has cecomuended by a vote of 4 to 3 that Rezone Petition
99-R8 be app=oved; and
Alee= conaideclng the =econunendation of the Planning Adv~so=y
Board and City staff, following a public hea=Xng on the
sub~ect, and p=ov~.d.tng the petit~one= an oppo=tun£ty to speak,
the C£~y Counc£1 has determined that ~he petit£on should be
gcanted;
HOH THEREFORR, BE ZT ORDAXHED BY THR COUHCZL 'OF THE CZT~ OF H:&IzLES,
FLOR.13:~A:
Sect/on
That Planned Development Petition 99-R8 is hereby g=an~ed, in
o=de= to =ezone ~24 acces located ad, scent Co and south and
east of Bayvlew Pack fcom ~C,# Consegvation co 'PD," Planned
Development, moze pacticulacly desc=ibed on the attached
Exhib£t ~A~.
Sect,.on 2.
Development shall be ~n compliance with ~he standacds outlined
£n the Planned Development Document (Rezone ~o ~lanned
Development and Conceptual Development and S£te ~lan Review
Appl£cat~on ,sc Ham/laSh Ha~bocJ, attached haters, with ~he
exception of changes to =he attached Planned Development
Document as follows:
(1)
The ~lanned Developmen~ Document shall be -~r~sed to
allo~ a 10-foot high fence along ~he no~the=n p~opect¥
line.
SafeLon 3.
The appzoval o£ Planned Development Petition 9g-a8 Xs subject
Co the following concLttions~
The d=y boat scs=age bu$lding shall be designed in
acco=dance w~th Section 2.8 of the Coll£ec County Land
Development Code, ~ith the follow£ng exceptions as
agceed Co by the PlannLng Advlsocy Boa=d: 2.8.3.4.2
PedestElan access shall be as sho~rn on the conceptua~
genecal developmenC and site plan; 2.8.3.$.2
Bu£lding o=ientat£on- windows ace not cequiced;
2.8.3.5.5 Massing standacds - a~cades and display
windows; 2.8.3.5.7 Detail featu=es; 2.8.3.5.10
Roof C=eaCmenCs; 2.8.3.5.12 MaCe=£als and colo=.
¢
Book 112 · Pago,,
OzdJ. nance 99-8545
~age :2
e
The developer shall provide aC least 5 acres o£
mangrove weClandmitigaCion.
o
o
The location of all mangrove wetland m£Ciqat£on areas
shall be clearly indicated on the specific General
Development and Site Plan, which will be reviewed by
the Plann£ngAdvisory'Board.
The developer shall include the City of Naples in the
pcocess of determining the location of all mangrove
wetland mitigation a~eas.
Sec~::Lon 4.
The petitioner shall submit to the City Clerk an amended copy
of ~he Planned Development Document which includes changes as
noted IU Sections 2 and 3 above.
Se~J.on S.
The petitioner shall submit to the Planning Department an
amended copy of the Planned Development Document which includes
changes aa noted in Sections 2 and 3 above.
SecY..ion 6,
This ordinance shall take effect immediately upon, and only
upon, adoption by the City Council, and ~he subsequent
effective dace, of an ordinance 'adopting Small Scale
Comprehensive Plan Amendment Petition 99-CPAS$3, amending the
Future Land Use Map of the Comprehensive Plan, assigning a
Waterfront Mixed Use Future Land Use designation to $.5 acres
of the sub~ect property.
PASSED AND ADOPTED AT SECOND READI1qG AND PUBLIC HEARFRG ~N OPEN AND REGUIJ~R
SESSION OF THE ClT~ COUNCIL OF THE ClTYOF__NAPLES, FLORIDATHIS~ OF
~RE, 1999.
Bill Barnett, Mayor
H: \REF~ C:CIJNCZL\C~O~ 99-954 $
App~coved as to gore and legakJ, cyz-
d as to accuracyz
*Plense refer to Resolutions and Ordinances Book 112-A for the Plnnned DeYe[opment Doctunent identified in
Section 2 ns attached.
*Plens~ refer to Supplemenul Map Draxxer 3 for Exhibits A tlirough D ofthe Planned Dex'elopment Doctunem.
n~ok ll2.hfo ,
'EXHTB~ "A" (.~age 1 o~ 3)
Legal Description
All that part of Sections 22, 23 and 27, Township SO.South, Range 25 East, Collier County, Florida being
more particularly described as follows:
Beginning at the southeast comer of said Section 22;
thence aion.~ the east line of' said Section 27, South 00°25'29'' West 23'..8.66 feet:
thence leaving said section line South 89°32'18" West 1288.58 f'ee~
thence North 00027'34" West 331.71 feet;
thence northeasterly 846.91 feet along the arc of.a tangential circular curve concave to the southeast
having a radius of 800.00 feet th.mu.nh a central angle of 60°39'i9" and being subtended by a chord
which bears North 29052'06" East 80'/.91 t'eet to a point of reverse curvature;
thenc~ northerly 101 !~6 fe.-t along the arc of.a t,~ngentiai circular curve concave to the northwest having
a radius of ;50.?.'~ feet throu.eh a central angle of 7'/u!0'46" and being subtended by a chord which bears
Noah 21Q36'21'' East 936.52 feet:
thence North 16°.<9'02'' West 4.<0..<9 feet:
thence Noah .<0000'29" East 226.72 feet:
t.~,enc~ northeasterly I ! 3.41 feet along the arc of a tangential circular curve concave to the no.rthwest
h-',ving a radius of I.<0.00 feet through a central angle oi'43019'08" and being subtended by a chord
which be~s North 280:6'43'' East ! 10.73 feet to n point of compound curvature:
the=c= northerly' 3:0.89 feet along the ~ m' a tan~.ential circ=l~r curve concave to the wes~ hnvir, g
radius of' 480.00 feet through a central angle of 38°18'13" and being subtended by' a chord which bcnrs
North I~.°:!'57" West 3 i 4.9.< feet to a point of' reverse cur','amre:
thenc.- northerl.v 109.67 feet along the nrc of ~ tangential circular cu~'e concave to the east having a
radius or' 100.0G f.eet through a cenn=ai angle of. 6=0.<0'.'~0" and being subtended by' a chord which bears
North 0000-<'.<4" West 104.26 t'e~ to a point of. r~'e.-se curvarure:
thence northeasterly 171 ~ feet along the arc of a tangential circular curve concave to the west h~ving a
radius of. 180.00 feet through a cann'~l angle of. 54Q~0'00'' and being subtended by' a chord which bears
,North 04004. 16" East 164.83 feet:
t~enc= North 23010'44" West 123.01 feet:
thence northwesterly and e~sterly 197.0~ feet along the nrc of= t,~ng~tini circular curve con~tYe to the
southeast laving a radius of 100.00 test through a centrn[ angle of' i 1:".<4'00" and being subtended by n
chord which bears Nord~ 33*16'i6" East 166.68 feet:
thence North 89043' 16" E-',st ! 10.00 feet:
the=ca en~teri.v and northwesterly ~-13.10 feat alonll the n~ of a tnngentJal circuim' curve cone=va to the
northwest havin6 a radius of 100.00 feet through a central an~le of 1:?06'00" and being su~anded
chord which bears North "~°40'!6" East IT.<.01 feet to a point oi'reverse curvature:
the=c= non~,criy and nonhenster!y 78.69 re-=.: 31on,_., th~ a~ of a :an.=~tiai c:.rcular :u.-'.'e cc=cave :~. the
¢3~ ~avin_= -'. radius of .~O.00 I'e=t through = central =n,..-i,: of 00= ! 0':O" and b=in.~ su~-t~=nd~ by
'which bears Noah 1=°4:':~" East .'0.S" fee::
th=nc= North .<T=4T'.~O': En~t 67.46
th=nc= nonher:,y =nd nen,".~ve-.terly 19-t.01 feet '~i~.,n~ the arc ac' :t :angentiai =ir=ul'~r .'urve .'one=ye to the
west herin_= · radius of 7.<.00 t'e~ through -., central ~ie of i '-S"!=' :.=" and bain.=, ~ubtend=d b?' 3 chord
EXHIBIT °A' (Page 2 of 3)
t.henc~ westerly and southwesterly 1:57.08 feet along the arc ot'a tangential circular curve conctve to the
southeast having a radius of' I00.00 f'eet through a central angle of'90°O0*O0" and being subtended b.v a
chord which bears South 44°34'$1" West 141.42 feet:
thence South 00°~'09'' East 169.99 feet;
thence southwesterly 62.98 feet along the an: ora tangential_cin:ular curve concave to the northwest
having a mdi~ of :50.00 feet through a central angle of'/2°10'28" and being subtended by a chord which
bents South 35040'05" West :58.90 feet;
thence South 71'4:5'19" West 116.04 feet;
thence southwesterly and southerly 248.54 feet alon8 the am ora tangential circular curve concave to the
southeast having a radius of 150.00 feet through · cenwal angle 0f94°:56'03" and being subtended by a
chord which bears South 24°17'18" West 221.07 feet:
thence South 23°10'44'' East 123.01 feet;
thence southerly and southweste:lly I O 1.0:5 feet along the ~ of a tan=eential circular curve concave to the
northwest having a radius of'50.00 feet through a central angle of' 11:5'47'41" and being subtended by a
chord which bears South 34°43'i 4" West 84.?1 feet' to a point of compound curvature:
thence northwesterly 2.~6.08 feet along the arc ora tangential circular curve concave to the northeast
having n radius of 2"0.00 feet through a central ann. lc of' 66~41'.~''" and being subtended b.v a chord
which bears North 54002' i 0" West 241.87 fee. t:
thence North 20*41'24" West 19.~.01 feet:
thence northeasterly 312..13 feet along the ar~ ora tangential circular curve conca~,'e to the east having a
radius of 280.00 feet through a central angle of 630.~:4'40'' and being subtended by' a chord which bears
North I 1'i5'56" East 296..39 feet to a point of reverse cu~'ature:
thence northeasterly, northerly and northwesterly :516.02 feet along the an: or' a tangential circular ~'ar,'e
concave to the west having a radius of 300.00 feet through a central angle of 98'33'08" and being
subtended by' a chord which bears Noah 06405' ig" West 4.~4.72 feet:
thence North 55'19'52" th'est :528.65 feet:
thence North 02*23' ! 6" East 27:5.02 feet;
thence northeasterly 77.6'. feet along the nrc ora tangential ¢ir,a'alar eur','e concave to the southeast
having a radius of ~0.00 feet through a cenwal angle of 88'17'04" and being subtended by a chord whici~
I:ears North ~6':51'48" East 70.06 feet to a point ofrex'erse cur,'ature:
thence northeasterly 731.46 feet along the am ora tangential circular curve concave to the noah having
rndius of I-"00.00 feet through · cenwal angle of3405:5'29" and being subtended by a chord ~hi~. bears
North 73'$2'36" East 7'..0.19 feet to a point of reverse curx'ature:
thence northeasterly, northerly and northwesterly 134.88 feet along the are ora tangential circular eurv~
concave to the we~t having a radius of.~0.00 feet through a central angle of 1:54~3.1'46" and being
subtended b}' a chord which bears North 20'.~2'0~.'' West 97..~.~ feet to a point of reverse cur','amre:
thence westerly and northeasterly '/!..31 feet along the an: of a tangential circular curve concave to the
northeast havin_e a radius of 35.00 feet throue, h a central angle or' I 16~-1-:' i 8" and being subtended b.v a
chord whici~ bear~ North 39'46'46" West -~9.60 lee::
thence North ', 5'-.'-.""-? E~t 65.-'.~ fee::
thence Noah i749'.=9" E-"-st .~ :0.0.=. feet:
ti~ence Noah 07'00'50" E~st 16 ~.$9 fee::
thence Noah $Z*.~9'10" ~,~'est 3.~.00
thence North 07~00'-~0'' East 14.."4 fee,.:
thence Nonh 59'15'51" East ?-.'.4.~ fee*,:
~hence South 00~I~'!~-" Ens~ ,~.~..~l £eet:
EXHZB:L'T 'A' (Page 3 o~' 3)
thence North 89024'$2" East 1333.23 feet;
thence North 00032'30- West 30.00 feet;
thence North 89024'$2'' East $0.00 feet:
thence South 00.32'30" East $3'7.45 feet;
thence south 89029'24. West 916.48 feet;
thence South 00*06'04' East 453.00 feet;
thence south 89029'24" West 470.01 feet;
thence South 00.06'04" Enst 2039.29 feet to the Point of BeGinnin8 of the parcel herein descnq~d:
Subject to easements and restrictions of record.
Containins 124~9 acres more or less.
Bearings are based on the
Certificate of'authorization #LB-43.
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 dertify that the
foregoing is a true copy of:
ORDINANCE NO. 99-68
Which was adopted by the Board of County Commissioners on the
28~". day of September, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 29th day of Smptember,
1999.
Clerk of Courts and Cler~:~~]~;,;:!%,.~es~:'""'"':'~>"'~:" ' .:
Ex-officio
Deputy Clerk