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Ordinance 79-068ORDINANCE 79 - 6S AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREAS OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZON- ING ATLAS MAP NUMBER MI-3 AND MAP NUMBER MI-4 BY CHA~OING THE ZONING CLASSIFICATION OF T~E FOLLOWING DESCRIBED PROPERTY FROM "A-ST" AGRICULTURE SPECIAL TREATMENT TO "PUD" PLANNED UNIT DEVELOPMBNT~ GOVERN- M~NT LOT $ OF SECTION 6 AND GOVERNMENT LOTS 3, 4, AND 5 OF SECTION 7, ALL LYING AND BEING IN TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA~ CONTAINING 211 ACRES MORE OR LESS, TO APPARENT HIGH WATER LIN~ ON AUGUST 15, 1968 AND BY PRO- VIDING AN EFFECTIVE DATE. WHEREAS, Mr. William Roeenberg, Haneon-Rosenberg &'Assoc., representing Mar=o Island Corporation, has petitioned the Board of County Commissioners to change the Zoning Classification of the herein described real property~ THEREFORE BE IT ORDAINED by the Board'of County Commissioners of Collier County, Florida~ SECTION ONE~ The Zoning Classification of the herein described real property is changed from "A-ST" Agriculture Special Treatment to "PUD" Planned Unit Development and is iubJect to all the conditions as required herein and the Zoning Atlas Map Number MI-3 and Map Number MI-4 as described in Ordinance 76-30 are hereby amended accordingly~ PLANNED UNIT DEVELOPMENT ORDZNANCE FOR HIOEAWAY BEACH MARCO ISLANO, FLORIDA IqARCH, 1979 LIST OF EXHIBITS STATEMENT OF COMPLIANCE PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT UTILITY SERVICES RESIDENTIAL GROUP 1 RESIDENTIAL GROUP 2 GOLF COURSE BEACH CLUB CONSERVATION AREA DEVELOPMENT COMMITTMENTS PROTECTIVE COVENANTS INDEX SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII SECTION IX AODENDUM I PAGE ii iii 1 3 13 15 20 23 26 29 31 Exhibit A B C D E F1, F2 G H LIST OF EXHIBITS Vicinity Map Master Plan Topography Map Vegetation Map Internal Roadway Requirements Typical Roadway Cross-Sections Estimated Absorption of Dwelling Units Evidence of Control of Property ii STATEMENT OF COMPLIANCE The development of approximately 211 acres of property in Section 6 and Section 7, Township 52 South, Range 26 East, Collier County Florida, as a Planned Unit Development to be known as HIDEAWAY BEACH, will comply with the planning and development objectives of Collier County. These objectives are set forth in the Comprehensive Plan, which includes the Growth Policy and Official Land Use Guido, all of which were adopted by the Board of County Commissioners on October 14, 1974. HIDEAWAY BEACH will meet planning and development objectives for the following reasons: This property is directly adjacent to developed property on two landward sides. The property is adequately served by an arterial street, Kendall Drive, along it's eastern boundary. The property is entirely within the Deltona Utility Company's water and sewer service district, who are capable of provid- ing potable water and waste water treatment for the proposed development. The proposed land use mix is compatable with surrounding uses· The project shall comply with the applicable zoning and subdivision regulations, except where specifically approved within this PUD, and all other County and State laws deal- ing with platting and subdtvtdin~ of property at the time improvements and plat approvals are sought. Any required School Impact Fees shall be paid by the developer at the time lots or.condominium units are developed, iii SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.01 INT.RODU~CTI_ON~AND _PURP_..OS_.~ ' ' It i.~ the intent of Marco Island Corporation, Inc., (hereinafter called "applicant" or "developer") to 1.02 1.03 1.04 establish and develop a planned unit development on approximately 211 acres of property located in Collier County, Florida, on the northwest tip of Marco Island. The Gulf of Hextco is on the west; Marco Pass on the' northwest; Royal Marco Point, some 30~ RS-3 single family homesttes to the north; Collier Bay and Deltona's single-family lots on the east and south. site is served by Kendall Drive, a collector street. The NAME The development will be known as HIDEAWAY BEACH. LEGAL DESCRIPTION The legal description of the site is as follows: Government Lot 5 in Section 6, Township 52 South, Range 26 East; also, Government lots 3, 4 and 5 in Section 7, Township 52 South, Range 26 East. All lots are in (Collier. County, Flor~ida and contain 211+_. acres. TITLE TO PROPERTY The 211 acres is owned by Marco Island Corporation, Inc., as described in Exhibit A; "Evidence of Control of Property". ! .05 1.06 GENERAL DESCRIPTION OF PROPERTY AREA The general location of HIDEAWAY BEACH, the current zoning classifications of surrounding properties, and nearby land developments are iljustrated by Exhtbtt."A", Location Map. The site has no existing development. As indicated in "Introduction and Purpose" the Gulf of Mexico is on the west; Marco Pass on the northwest; Royal Marco Point, ~ome 30~ RS-3 single-family hompsites to the north; Collier Bay and Deltona's single-family lots on the east and south, zoned RS-3 and RS-4 respectively. PHYSICAL DESCRIPTION Elevations within the project site range from sea level to approximately seven (7) feet above sea level as shown on Exhibit "C" Topography Map The vegetation on the site is shown on Exhibit "O", Vegetation Map and is discussed in detail in The Environ- mental Impact Statement submitted with the Application. 2.01 2.02 2.03 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the project plan of the develoment and delineate the general conditions that will apply to the entire project. GENERAL PLAN OF DEVELOPMENT The general plan of development of HIDEAWAY BEACH is for a planned residential community including a mixture of single and multi-family dwelling units with golf course, tennis, g~lf and health club, including a beach club, small convenience store and protected beaches and wetlands. CONSERVATION AREAS The applicant recognizes the importance of setting aside large areas which are environmentally sensitive. When the applicant receives all local, state, federal and other regulatory agency development permits, including fill permits, and complete development is permitted in accord- ance with this ordinance as adopted, the applicant shall file covenants on approximately 55 acres of uplands, wetlands and open water areas, which are environmentally sensitive, including approximately .one-and-one quarter miles of be~ch front. The use of this land will be* 3 2.04 restricted by covenants for preservation, conservation and limited recreational use and this area is identified on the project development map as the area labeled "Conservation". The accomplishment of 2.03 above is contingent upon the conditions of 2.03 being met, and the transfer of dwelling units from the ST areas and the placing of conservation zoning thereon being in contemplation of the conditions of 2.03 being met and the applicant being allowed to develop 4 acres of wetlands_.q_aa, Colonial Drive at the south property line; it is specifically understood that, tn the event said conditions are not met and the applicant is not allowed to develop the 4 acres or any part thereof, then to the extent that applicant is not allowed to develop any part u~ the 4 acres heretofore described, it is the intent of the applicant to apply for a modification to this PUO document to allow the applicant to develop an equal amount of the Conservation area. SPECIAL TREATMENT (ST) REGULATIONS The adoption of this document shall constitute satisfaction of the :SPECIAL REGULATIONS FOR (ST) AREAS OF ENVIRONMENTAL SENSITIVITY" and the transfer of the applicant's develop- ment rights from "ST" lands to "non-ST" lands, in complia- nce with the applicable sections of the Zoning Ordinance' 2.05 of Collier County to permit development as herein described. SITE PEAN APPROVAL When site plan approval ts required by th~s document the following procedure shall be followed: a. A written request for site plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may Include, but is not limited to the following, where applicable: 1. Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and offstreet loading areas, refuse and service areas; and required yards and other open spaces. 2. Plans showing proposed locations for utilities hook-up; 3. Plans for screening and buffering with references as to type, dimensions, and character; 4. Proposed landscaping and provisions for trees protected by County regulations; and 5. Proposed signs and lighting, including type, dimensions and character. 5 2.06 2.07 LAND USE Table 1 is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "E", Master Plan. Variations in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to and approved by the Director at the time of Master Plan approval of each development phase as required by the Collier County Subidvtsion Regulations. FRACTIONALIZATION OF TRACTS a. When Marco Island Corporation, Inc. sells an entire tract or a building parcel (fraction of a tract) to a subsequent owner, Marco Island Corporation, Inc. shall provide to the Director for approval or denial prior to the sale, a boundary drawing showing the tract and the building parcel therein when applicable and in the case of a residential area, the number 'of dwelling units of ea,ch residential group assigned to the property being sold. If approval or denial is not issued by the Director within ~ working days, the submission shall automatically be approved. In the event any residential tract or building parc=l is sold by any subsequent owner, as identified in 2.00 2.09 Section 2.07 ia), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or dental, prior to the sale of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of dwelling units assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. RESTDENTIAL The information hereinafter provided identifies each residential group; the total acreage per group and the total dwelling units per group. a. Group I parcels have a total of 114 acres. A maximum of 263 dwelling units will be placed on Group I parcels in accordance with Section 4. b. Group 2 parcels have a total of 13 acres. A maximum of 360 dwelling units will be placed on Group 2 parcels in accordance with Section 4. PROJECT DENSITY The total acreage of the HIDEAWAY BEACH property is approximately 211 acres. The maximum number of dwelling units.to be built on the total acreage is 623. The 7 010 ?g LAND USE TYPE TABLE I HIDEAWAY BEACH LAND USE SCHEDULE APPROXIMATE ACREAGE MAXIMUM NO. OF O.U. ts RESIDENTIAL Group I (includes road R.O.W's and scattered common open spaces) Group 2 (includes development parcels for each bldg.) OPEN SPACE & RECREATION Conservation Area Golf Course, Tennis & Golf Club, Health Club, Convenience Commercial Beach Club TOTAL 114 13 56 26 263 360 (also included in. residential areas) 623 2.10 2.11 number of dwelling untts per gross acre is approximately' 3, The density on individual parcels of land throughout the proJecL wtll vary according to the type of housing placed on each parcel of land. PERMITTED VARIATIONS OF, DWEL,LING ,,UNITS, Each tract shall be permitted to be developed with the max- imum number of dwelling units as assigned by Section 2.06 and 2.08 provided that the applicant may increase the maximums by not more than 10%; and provided further that the total dwelling units for the entire project shall not exceed 623. The Director shall be notified in accordance with Section 2.07 of such an increase and resulting reduction in another tract so that the dwell- ing units will be balanced at 623. DEVELOPMENT SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property. The estimate may of course, change depending upon future economic factors. It is estimated that the site will be developed over a 5 year period. However, the construction of single-family homes by individual lot owners and final construction of all condominium units may not be completed for several years hence. Exhibit "G" indicates, by year, the estimated absorption of units (by unit type) and the approximate population of the project {assuming full occupancy) for the estimated 7 year development period. z L~ Z c~ o '10 2.12 RECREATIONAL FACILITIES _SCHEDULE The applicant shall cause the following recreational facilities to be constructed subject to obtaining all permits. The schedule for development of these facilities relates to the issuance of building permits according to the following table. Non-compliance with this schedule will result in withholding of additional building permits unt~l compliance is achieved. BUILDING PERMITS FOR NOT MORE THAN 200' , ..... 400, . , 623 FACILITY OR SITE 8 X X X g hole Beach Club w/pool1 Tennis & Racquetball Courts Golf Course Golf & Tennis P~o Shop and Clubhouse Health Club3 Pedestrian Paths Entrance Gate House Beach Club - minimum 4500 sq. ft. The Golf and Tennis Clubhouse and Pro Shop - minimum 1500 sq. ft. Health Club - minimum 1000 sq. ft. 11 2.13 2.14 2.15 AMENDMENT, OF ORDINANCE Both the County.and the developer, with knowledge that the long range development plan permitted by the ordinance will not be complete for a period of 7 years, recognize that exceptions, variances, or amendments to this ordinance may be necessary in the future. Obviously, there may be changes in planning techniques, transportation methods, and other factors that would warrant this ordinance being amended to meet standards of the time. All petitions or requests for exceptions, variances and amendments shall conform with the procedures existing at the time of the application for the exception or amendments. TREE REMOVAL All clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD site plan and applicable codes. Prior to.any such removal, a site clearing plan must be submitted to the Director for review and approval to insure that said removal shall be carried out under proper forestry manage- ment principles. Protected trees shall be flagged, clearly marked and/or fenced during periods of construction so as to eliminate or minimize their damage. DEFINITIONS Definitions shall be as contained in the Zoning Ordinance of Collier County and in the deed restrictions contained. in this ordinance. (Addendum Il. 12 SECTION III UTILITY SERVICEs TO HIDEAWAY' BEACH a. Water Supply and Treatment Facilities The Deltona Utilities Corporation is charged wtth 3.02 3.03 3.04 3.05 the responsibility of providing a water system for the :~'i HIDEAWAY BEACH project.,~i. Sewerage Treatment Facilities The Deltona Utilities Corporation is charged with ~! rm the responsibility of providing a sewerage system for the HIDEAWAY BEACH project. SOLID WASTE COLLECTION Solid waste collection for the HIDEAWAY BEACH project will be handled by the company holding the franchise for solid waste collection for the county. ELECTRIC POWER SERVICE Lee County Electric Cooperative will provide'electric service to the entire project. TELEPHONE SERVICE Telephone service will be supplied to the HIDEAWAY BEACH project by United Telephone Company of Florida. TELEVISION CABLE SERVICE Television cable service shall be provided by Gulf-Coast Cable-Vision, Inc. of Naples. 13 3.06 ,EASEMENTS FOR .UNDERGROUND UTILITIES*' On-S~te utilities such as telephone, electric power, TV cable servtce, wastewater collection, water distribution, etc., shall be Installed underground. Except that water pumptng stations, lift stations, transformer banks, etc. shall be permitted above ground. Easements shall be provtded for all utility purposes. In areas that must be cleared for uttltty construction, a special effort shall be made to protect the maximum number of trees. Said easements and ~mprovements shall be done tn accordance wtth the subdivision regulations. 4.01 4.02 4.03 SECTION IV GROUP I - SINGLE FAMILY RESIDENTIAL PURPOSE The purpose of thts Section ts to set forth the regulations fo~ the areas designated on Exhibtt "E" Master Plan, and Table 1 as Group 1 parcels. MAXIMUM DWELLING UNITS A maximum number of 262 dwelling units may be constructed in all of the Group 1 parcels except as permitted by Section 2.10. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the. following: A. permt.tted Prtnctpa,]...U).es.and,..Strluctu~s 1. Single Family detached dwellings. B. Permitted Accessory Uses and Structures Customary accessory uses and structures, including private garages. 15 4.04 REGULATIONS 4.04.01 GENERAL: 4.04.02 4.04.03 All yards, set-backs, etc. shall be in relatton to the Individual parcel boundaries. MINIMUM LOT AREA: 10,000 square feet. MINIMUM LOT WIDTH: A. Corner Lots - Eighty-five (85) feet as measured at the front yard setback line. B. Interior lots - Eighty (BO) feet as measured at the front yard setback line. 4.04.04 MINIMUM SETBACKS A. PRINCIPAL STRUCTURES 1. Front Setbacks For one level structure For two level structure 2. Interior Side Setback For one level structure For two level structure 3. Side Street Setback For one level structure For two level structure 4. Rear Setback (non-beachfront lots) For one level structure For two level structure B. ROOF OVERHANGS AND BALCONIES 25' 30' for second level 15' 20' for second level 20' 25' for second level 25' 30' for second level Roof overhangs may extend 8' beyond the principal structure setback line. Balconies may extend 4' beyond the principal structur~ setback line. 16 Ce' ACCESSORY STRUCTUre. ES 1. Front Setback 25' Accessory structures 24" or more in height measured above street grade, excep~ for trellises, arbors and other landscape features, which have a minimum of [0' setback. 2. Interior Side Setback I0' 3. Side Street Setback 15' 4. Rear Setback 10' SPECIAL LOTS 1. Lots Abutting Mangrove Areas: All structures including overhangs and balconies, fill areas and landscape features shall be a minimum of XO' away from the transitional survey line of the mangrove mass. Lots Abutting Beach: A beach setback line and/or Coastal Construction setback line has been establish- ed for the protection of the home owner as lo:ated on the record plat. This line marks the principal building setback line. 17 4.04.05 Accessory structures (except where coastal setback line is already established) can extend a maximum of 50' toward the water, except where such extension shall brthg such structures, except for boardwalks leading to the beach, closer than 50' from the rear lot line. . b. Roof overhangs and balconies can extend 8' beyond the building setback line. FENCES AND WALLS Shall include chain-link and wood fences, masonry and stone walls. A. Maximum Height: Six (6) feet above crown of nearest adjacent roadway. ~. Front Street & Side Street Setbacks: No fences or walls shall be permitted beyond the setback line for accessory structures, except where noted in 4.04.05D'. Interior Side and Rear Yard Fences shall be permitted on the property lines. On lots not located within the secured perimeter of the development (Parcel C), a 60" tall (measured above the street grade) wood fence or masonry wall shall be allowed on the front property line.. 18 I 4.04.06 4.04.07 4.04.08 4.04. 09 MAXIMUM HEIGHT: Thirty-six (36) feet above crown of road of adjacent front street. Accessory buildings limited to twenty-five (25) feet above crown of adjacent front street crown of road. MAXIMUM NUMBER OF..ST,OR~ES.: Two (2) stories, not including ground level for parking and accessory uses. MINIMUM F,LOOR,, AREA,: 1800 sq. ft. OFF-STREET PARKING REQUIREMENTS: One parking space shall be required for each dwelling unit and such space shall be located within the building setback line. 19 5.01 5.02 5.03 GROUP 2 SECTION V MULTI-FAMILY RESIDENCE The purpose of this section is to set forth the regulations for the areas designated on Exhibit Master Plan, and Table 1 as Group 2 in Parcel A. MAXIMUM DWELLING UNITS The maximum number of 360 dwelling units may be constructed in the Group 2 parcels as permitted by Section 2.10. USES PERMITTED 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. Multiple-family units B. Permitted Accessory Uses and Structures 1. Recreational facilities for the exclusive use of residents of the building. 2. Signs as permitted by the Zoning Ordinance of Collier County. 2O 5.04 ~EGULATIONS 5.04.01 LOT AREA: A. A Outldfng parcel with a maximum area of 90,000 sq. ft. shall be provided for each multiple-family building and it's accessory uses and parking facilities. B. Satd butldtng parcel shall be located generally tn the area shown on the Master Plan Exhibit "B*~, and recorded ~n the same manner as a subdivision plat. 5.04.02 MZNIHUM SETBACKS: A. A mtntmum setback of 50' from the principal structure to the pavement edge of private roads, shall be provided. B. A mtntmum setback of 30' from accessory structures to the pavement edge of private roads shall be provided. C. Otstance between principal structures shall be a mtntmum of 60'; and between accessory structures and principal structures other than the one served by the accessory structure, a mtnfmum of 30'. O. There shall be no mtntmum setback from any structure to the lot lines of a butldtng parcel as described tn 5.04.01. MAXIMUM HE[GHTS OF STRUCTURES: A. P,'tnctpal structures shall be a maxtmum of 80 feat above ftntshed grade of the crown of the nearest adjacent private road. 5.04.03 2! 5.04.05 5.04.06 5.04.07 B. Accessory structures shall be ltmtted to a maximum of 20' above f~ntshed grade of the crown of the nearest adjacent lot, except for roof top recreation structures. HAXIHUH NUHBER OF STOR.[~S: The maximum stories permitted for the principal structures shall be slx, plus one parkfng level. HINIHUH LIVING AREA OF PRINCIPAL STRUCTURES: Fifteen hundred (1500) gross sq. feet of ltvtng area per dwelling untt. OFF-STREET PARKING: There shall be a mtntmum of 1.5 parking spaces per dwelling un~t, with a mtntmum of 50~ of the spaces under the principal structure. The 01rector may permtt a lessee number of parktng spaces to be paved when c{rcumstances tndtcate Infrequent uses. However, those unpaved spaces shall be grassed and reserved for future pavtng. OFF-STREET PARKING LANDSCAPING: Landscaping shall be provlded as requlred by Zontng Ordinance of Co111er Count'y , or as requtred by the Homeowner's Association. 22 l 6.01 6.02 SECTION VI GOLF COURSE PURPOSE The purpose of this section is to set forth the regulations for the area designated on Exhibit "B" Master Plan as PARCEL A. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other :hah the following: A. Permitted Uses Golf Course Golf and Tennis Pro Shop and Club House 3. Tennis and Racquetball Courts 4. Health Club 5. Convenience Commercial Facilities a) Barber & Beauty Shops b) Delicatessens c) Dry Cleaning Shops d) Food Markets e) Gourmet Shops f) Sundry Stores g) Professional Offices h) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. B. Permitted Accessory Uses Maintenance shops and equipment storage. Living quarters for maintenance personnel. 3. Signs as permitted in the Zoning Ordinance. 6.03 PLAN APPROVAL REQUIREMENTS Plans for all principal and all accessory uses shall be submitted to the Director who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specifications. A. General Requirements~ 1. Overall design shall be harmonious in terms of landscaping, location of parking areas, recreation facilities, and building masses. 2. Buildings shall be set back a minimum of 50 feet from abutting private street pavement edges and residential structures {except for maintenance personnel living quarters). 3.Tennis and racquetball courts shall be set back a minimum of 45 feet from abutting private street pavement edges and residential structures (except maintenance personnel living quarters). 4. A minimum of 6 tennis courts and 2 racquetball courts shall be provided. 5. Lighting facilities shall be arranged in a manner to protect roadways and neighboring properties from direct glare. 6. The required setbacks for buildings and courts shall be heavily landscaped to act as buffers. 24 6.04 6.05 6.06 6.07 6.08 7. All outdoor storage areas and maintenance yards shall be screened from view. MAXIMUM HEIGHT Thirty-six (36) feet above the finished grade of the crown of the nearest abutting private road. MAXIMUM AREA OF CONVENIEN, CE ~,OMMERCIAL A maximum of 2500 gross square feet of commercial space, Including storage, shall be permitted. MAXIMUM NUMBER OF LIVING UNITS FOR MAINTENANCE PERSONNEL A maximum of two living units shall be provided in the vicinity of the golf and tennis complex for use by maintenance personnel. MINIMUM OFF-STREET PARKING Golf course (incl. Golf and Tennis Pro. Shop and Health Club- house and Golf Clubhouse) Tennis and Racquetball Courts - 2 spaces Der golf hole and 1 space per court. Convenience Commertcal - 1 space per 250 sq. ft. of grbss floor area. The director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, these unpaved spaces shall be grassed and reserved for future paving. OFF-STREET PARKING LANDSCAPING Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 7.01 7.02 7.03 SECTION VI! BEACH CLUB PURPOSE The purpose of this section is to set forth the regulations for the area designated on Exhibit "B" Master Plan as Parcel B. PERMITTED PRINCIPAL USES AND STRUCTURES Principal Uses: No building or structure, or part thereof shall be erected, altered, or used, or land used, in ~hole or in part fnr nther than the following: 1. Clubhouse 2. Restaurant and bar for use by residents and guests only. Permitted Accessory Uses and Structures: 1. Swimming Pools and spas 2. Outdoor service bars 3. Accessory uses and structures customarily associated with recreation buildings. 4. Signs as permitted by the Zoning Ordinance. PLAN APPROVAL REQUIREMENTS Plans for all principal and all accessory uses shall be submitted to the Director who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specifications. I i ! ! ! [ I 26 ~oo~ 010 ~ 9]: 7.04 A, General Requirements: Overall design shall be harmonious in terms of landscaping, location of parking areas, recreation facilities, and building masses. 2. Buildings shall be set back a minimum of 30 feet from abutting private street pavement edges and residential structures. 3. Pool, patios, other such structures shall be set back a minimum of 20 feet from abutting residential lots and prtvate sLreet pavement edges. 4. The required perimeter setbacks shall be heavily landscaped to provide buffers. 5. The principal building shall be setback a minimum of 100' from the vegetation line of the beach as defined at the time of platting. 6. Accessory structures shall be set back a minimum of 50' from the vegetation line of the beach as defined.., at time of platting. MAXIMUM HEIGHT A. Principal Buildings - 50 feet above finished grade of crown of the nearest private road. B. Accessory Structures - 25 feet above .finished grade of crown of the nearest private road. 7.05 MINIMUM OFF-STREET PARKING A. Clubhouse One (1) parking space per 250 sq. ft. of gross floor area excluding restaurant and bar. 8. Restaurant-Bar One (1) space for each 4 seats in public rooms whether seating is fixed or movable. 27 7.06 7.07 7.08 The dtr~ctor may permtt a lesser number of parktnq spaces to be paved when circumstances tndtcate Infrequent use. However, these unpaved spaces shall be grassed and reserved for future paving. OFF-STREET PARKING LANDSCAPING Landscaping shall be provided as required by the Zontng Ordinance of Collter County. MAXIMUM SIZE OF RESTAURANT The restaurant-bar shall have maximum seating capac(ty of 250 seats. APPROVAL OF CONSUMPTION-ON-PREMISES LICENSE Shall be subject to any requirements of the Zoning Ordinance in effect at time of application. 28 OtO ,,,E 93 8.01 8.02 SECTION VIII CONSERVATION AREA PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "D" Master Plan, as Conservation Area. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used or land .or water used, in whole or in part, for other than the following: A. Principal Uses..Requici~9 Site Plan Approval: 1, Nature trails including boardwalks. 2. Paths and bridges to provide access from the uplands to the beach for pedestrians and minor maintenance equipment. 3. Beach sun shelters 4. Other activities for recreation, conservation, and preservation when approved by the Director. 5. Water Management Facilities B. Permitted Accessory Uses and Structures: 1. Accessory ,ses and structures customarily associated with the uses permitted in this district. 2. Signs as permitted in the Zoning ordinance. 29 8.03 8.04 SETE~CKS All principal and accessory ,~ or structures shall comply with the Coastal Construction Setback Line and/ or Beach Setback line where applicable. CONSERVATION AREA OWNERSHIP AND MAINTENANCE The HIDEAWAY BEACH Homeowner's Association shall be responsible for enforcing applicable coven'ants, control, supervision and maintaining of the conservation area in it's natural state. 3O SECTION IX DEVELOPMENT COMMITMENTS ENVIRONMENTAL AND NATURAL RESOURCES A. Natural Resources 1. Prior to filling the approximately 4 acres of wetlands, located in the southeast section of Group I properties, the applicant shall: a. Obtain all necessary permits from county, state and federal agencies, including, but not limited to, giving reasonable assurance that the fill activity, development, and drainage system will not result in violation of the applicable provisions of Chapter 17-3, Florida Administrative Code. Further, Collier County and the South Florida Water Management District (SFWMD) shall be assured that negative water quality impacts to The Gulf of Mexico will not result from the fill/destruction and development of the area presently occupied by 4 acres of mangrove forest; and, b. Preserve the existing red mangrove fringe around all significant water bodies; and, c. Stake the precise interface of the red mangrove forest. d. LtmtL, by dued restriction, the filling activities within single family lots to a maximum of 60~ of the lot area. e. Covenant the Conservation area for preser- vation, conservation and limited recreational uses; and~ 2. The provisions of Section 2.03, CONSERVATION are a part of this section. Water Resources 1. Potable Water Supply - Prior to the issuance of any construction permits by Collier County, HIDEAWAY BEACH shall demonstrate that Deltona Utilities Corporation ts able to provide the water supply requirements of that phase of the project for which permits are sought. Drainage Considerations 1. ARFAS, Upland Areas a. Prior to the preparation of the final plans, the Drainage Plan prepared by HIDEAWAY BEACH shall be submitted to and approved by the Water Management Advisory Board. HIDEAWAY BEACH shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, 32 Coastal Area Planntng Commission and Board of County Commissioners of Co111er County and the South Flortda Water Hanagement Otstrtct for approval prtor to the tssuance of construction permits by Collter County. b. All. buildings shall be elevated to the height requtrec by the Flood Oamage Prevention Ordinance, wtthout the use of ft11. SEWAGE TREATMENT FACILITIES Prior to the issuance of any construction permits by Collier County, HIDEAWAY BEACH shall demonstrate that Deltona Utilities Corporation is able to provide the sewage treatment facilities requirements of that phase of the project for which permits are sought. 9.2 'TRANSPORTATION A. Inteenal The internal roadway system of the proposed project, including intersection improvements shall be constructed by the applicant as indicated on Exhibit E. Phasing and/or bonding for the ultimate improvements shall be done in accordance with the Subdivision Regulations. All internal roads shall be privately owned and maintained by the Homeowner's Association. 33 g.3 Ce Access to Surrounding Roads Access to the surrounding public roads shall he limtted to those access points shown on Exhibit "B" except as otherwise approved by the Coastal Area Planning Commission. A permanant easement has been granted to and accepted by the Deltona Corporation providing access through HIDEAWAY BEACH to Royal Marco Point and approved by Collier Ceunty. Landscape Buffer Strip A landscaped buffer strip, a minimum of 20 feet in depth, shall be designated along the residential areas adjacent to existing residential lots on Kendall Drive, Colonial Avenue, and Spinnaker Drive. A 10' tall, chain link fence, covered by landscaping, shall be provided this buffer strip and on the north and south perimeter property lines to provide security for the residents. This buffer shall be installed by the developer and completed prior to the completion of the 25% of the residential units. FIRE PROTECTION To assure adequate fire flow: The applicant shall provide for the strategic placement of hire hydrants as required by the Collier County Subdivision Regulations. Automatic sprinkler systems, water pumps, storage and pressure tanks shall be provided as required by county and state laws. 34 9.5 9.6 9.7 RECREATION Iltdeaway Beach ts, as ttemtzed in 2,12 providing adequate active and passive recreation facilities to meet the needs of its residents. DEED RESTRICTIONS (Addendum 1) Deed restrictions not already set forth in the body of this ordinance, governing design and development of HIDEAWAY BEACH shall be filed as covenants when the first parcels are platted. HOMEOI~NERS ASSOCIATION A Homeowner's Association shall be established to collect dues and manage and maintain all common areas and facilities. All undeveloped lots are to be left with natural vegetation and maintained by the Homeowner's Association. Any request for clearing must be approved by the Homeowner's Association. BEACH ACCESS In lieu of a 200' wide access point location at the southeast corner of the property, the petitioner agrees to improve and landscape a recreational facility recommended by the Parks & Recreation Advisory Board and approved by the County Commis- sion. The amounts of improvements will be based on the appraisal, agreed upon by the developer and County Commission, of the 200' access strip within Hideaway Beach. Should the amount of improvements not be agreed upon, the petitioner must dedicate and improve the original beach access location at the southeast corner of the property. 35 010 RU, D OLD MARC(:) COILLIER BAY MARCO BAY LOCATION PLAN EXHIBIT 'A' SR. 92 TO US. 41 ADDENDUM I PROTECTIVE COVENANTS FOR HIDEAWAY BEACH HIDEAWAY BEACH, INC., owner of the following described real estate, to wit: LEGAL DESCRIPTION: Goverr~ment Lot 5 of SecLion 6 and Government Lots 3, 4, and 5 of Section 7, all lying and being in Township 52 South, Range 26 East, Collier County, Florida; containing 211 acres more or less, to apparent high water line on August 15, 1968. hereby places the following covenants and easements against the above described land, which covenants and easements shall be binding upon and run with the above described land enforce- able against all subsequent owners thereof: USE All of the above described properties may be utilized only for those purposes authorized under the planned unit development zoning ordinance adopted by the Board of County Commissioners of Collier County, Florida, or HIDEAWAY BEACH, which zoning ordinance is incorporated herein by reference, and made a part of this Protective Covenants. COMPLETION OF CONSTRUCTION - REMEDY When the construction of any building is once begun, work thereon must be prosecuted diligently and completed within a reasonable time. If for any reason work is discontinued and there is no substantial progress toward Add. I - 1 e completion for a continuous six (6) month period, then HIDEAWAY BEACH, INC. its successors or assigns, shall have the right to notify the owner of record of the premfses of its Intentions herein, invade the premtses and take such steps as might be requtred to correct an undestrab]e appearance; the reason for such correction shall be soley in the discretion of HIDEAWAY BEACH, [NC. and may include but not be 11mtted to aesthetic grounds. The owner of the property shal] be ]tab]e for al] costs tncurred in such action and the total costs thereof will be a 1ten on his property, which lien may be foreclosed tn the manner provided for foreclosure of mortgages tn the State of Florida. ANTENNAS No television or other antenna is permitted ur, less specific approval for such is granted in writing by HIDEAWAY 8EACH, INC. its successors or assigns. UNDERGROUND WIRES All telephone, electric and other'wires of all kinds must be underground from the poles or the underground trans- mission cables located within the platted utility ease- ments to the building or use connection. PETS Dogs and cats, (maximum of two (2) each) provided they are not kept, bred or maintained for any commercial purpose, Add. I - 2 10. may be kept upon the above described property. No other animals, livestock, poultry of any kind, shall be kept, raised nr bred on any part of the above described property. GENERAL APPEARANCE Clotheslines or drying yards shall be so located as not to be visible from the streets, waterways or adjoining properties. Outside garbage and rubbish disposal Facilities shall be either underground or in garbage bins, fully enclosed, covered and screened. No weeds, underbrush, (other than indigenous growth) or other unsightly growths shall be permitted to grow or remain upon any part of the premises and no refuse pile or unsightly objects shall be allowed to be placed or remain anywhere thereon, provided that after proper notice of such condition is not corrected, HIDEAWAY BEACH INC. shall have the right to enter upon the premises and make such correction at the expense of the owner. No indigenous tree or shrub shall be removed without first obtaining approval of HIDEAWAY BEACH, INC. The owner shall preserve the existing natural habitat by limiting the clearing of vegetation and selecting indigenous plant species. No noxious or offensive activity shall be carried on upon the above described property, or upon any part, portion or tract thereof, nor shall anything be done thereon which may be or become a nuisance or an annoyance to the neigh- borhood. Add. 1 - 3 010 II. 12. 13. 14. No commercial vehicles, recreational vehicles, trucks, trailers, boats or boat trailers, shall be parked over- nighL on any part of thc ~bovc describcd property. Two off-street parking spaces shall be provided on each single-family lot DRAINAGE No changes in the elevations of the lands shall be made which will interfere with the drainage, advcrsely affect exiting vegetation, or otherwise cause undue hardship to adjoining property. REMEDIES - SEPARABILITY In the event of a violation or breach of any of these restrictions, HIDEAWAY BEACH, INC. or its successors or assigns, shall have the right to proceed at law or in equity to compel compliance with the tel'ms hereof or to prevent the violation or breach of any of them. The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so there- after as to the same breach or as to a breach occurring prior to or subsequent thereto and shall not bar or affect its enforcement. The invalidation by any court of any restrictions herein contained shall not in any way affect any of the other restrictions which shall remain in full force and effect. Add. 1 - 4 t 15. 16. DURATION OF RESTRICTIONS These covenants and restrtct(on~ are tn r~ln with the land and shall be binding on the maker hereof and upon all persons claiming under the maker hereof until November 1, 2000. On November 1, 2000, and upon expiration of each ten year period thereafter, these covenants shall automatically be extended for a successive period of ten years unless by vote of a majority of the then owners of the lots or tracts subject to these restrictions it is agreed to repeal these restrictions or to repeal certain specified paragraphs hereof and extend the remaining paragraphs hereof. APPROVAL OF PLANS Kc buildings or structures of any kind shall be constructed or placed on the above described land, nor shall any existing buildings or structures be altered in exterior appearance in any way until the plan therefor has been approved in writing by HIDEAWAY BEACH, INC. Such approval shall not be unreasonably or capriciously withheld. The intent of this paragraph is to assist in insuring design qualities to include adequate space between buildings, and architectural style co,)patible with the natural envtronmenL and the established architectural design, and appropriate landscaped areas providing light, air and plantings reflecting the high caliber of the development. 'It is expressly understood that the design criteria intent of Add. 1 - 5 17. HIDEAWAY BEACH, INC. is to provide guidelines of design acceptability, not limit the number of living units to be constructed. In exercising the power to approve plans, HIDEAWAY BEACH, INC. shall have the right to disapprove plans based upon the following factors to wit: A. The design and/or location of fences or walls which would unduly interfere with the view from adjoining residential properties. B. The location of facilities such as carports, garages, parking lots, swimming pools, recreational areas, areas for collection of garbage, rubbish, other refuse, at such locations on the properties subject to these restrictions without adequate screening so that the uses of such facilities could reasonably be expected to create an annoyance or nuisance to the occupants of adjoining residential properties, whether through the creation of an unsightly appear- ance or an undesirable noise level by reason of the use thereof, and to limit excessive removal of existing vegetation. Design of exterior lighting in such a fashion that its utilizaiton could reasonably be expected to interfere with the use and enjoyment of adjoining residential properties. Design of traffic patterns including entrances and exits to properties subject to these restrictions without adequate screening devices so as, insofar Ce De Add. 1 - 6 18. 19. as practically possible, to prevent noise from vehicular traffic and to prevent lights from vehicular LraFFtc shining on adjoining residential properties, which would interfere with the use and enjoyment thereof, and to limit excessive removal of vegetation. The rights to approve building plans reserved under this section of these Protective Covenants may at the option of HIDEAWAY BEACH, INC. be assigned by it to the Homeowners Association, which l(omeowner~ Association is hereinafteK provided for and thereafter such Homeowners Association shall have and exercise all their rights and privileges reserved to HIDEAWAY BEACH, INC. hereinunder. TRANSFER OF LOTS No lot owner or any other person or entity who acquires a property interest in and to lands in the Subdivision shall dispose of his residential unit or property interest by sale without approval of the Association, except to another unit owner or owner of a property interest in and to lands in the Subdivision. A. Gift: If a unit owner or owner of a property interest in and to lands within the subdivision shall acquire his title by gift, the continuance of his ownership in such unit or property interest shall be subject to the approval of the Association. B. Other Transfers: If any unit owner or owner of a property interest within the subdivision shall acqutrJ his title by any manner not considered in the fore- going sections, the continuance of his ownership shall Add. 1 - 7 010 20. be subject to the approval of the Association. APPROVAL OF ASSOCIATION: The approval of the Association that is required for the transfer o~ nwn,r~hip of ~ lot or property interest within the subdivision shall be obtained in the following manner: A. Notice to Association: An owner intending to make a bona fide sale of his unit or property interest shall give to the Association notice of such intention, together with the name and address of the intended purchaser and such other information concerning the intended purchaser as the Association may reasonably require. Such notice may include a demand by the owner that the Association furnish a purchaser if the proposed purchaser is not approved; and, if such demand is made, th~ nntice ~hall be accompanied by an executed copy of the proposed contract to sell. B. Gift, Devise or Other Transfer: The owner who has obtained his title by gift, devise or by any other means not previously considered, shall give to the Associa- tion notice of the acquisition of his title, together with such information concerning himself as the Association may reasonably require, and a certified copy of the instrument evidencing his title. C. Failure to Give Notice: If the above required notice to the Association is not given, then at any time after receiving knowledge of a transaction or event transferring ownership or possession of a residential unit or other property interest in and to lands within the subdivision, the Association, at Add. 1 - 8 its election and without notice, may approve or disapprove the transaction of ownership. If the Association disapproves the transaction or ownership, the Association shall proceed as if it had received the required notice on the date of such disapproval. t. Sale: If the proposed transaction is a sale, then within 30 days after receiving such notice and information the Association must either approve or disapprove the proposed transaction. If approved, the approval shall be stated in a certificate executed by the president and secretary of the Association, and shall be recorded in the Public Records of Collier County, Florida, at the expense of the purchaser. ii. Gift, Devise or Other Transfer: If the lot owner or owner of any other property interest within the subdivision gives notice that he has acquired title by gift, devise or in any other manner, then with- in 30 days after receipt of such notice and informa- tion the Association must either app~'ove or dis- approve the continuance uf the lot owner or property owner's interest. If approved, the approval shall be stated in a certificate executed by the president and secretary of the Association and shall be recorded in the public records of Collier County, Florida, at the expense of the lot owner or owner. of other property interest in the subdivision. Add. I - g 21. 22. 23. MEMBERSilIP II,t tIIUF_F,,':;,v :ti/,::: ASSOCIATIOH, :~iC. Each owno_r of a r'c'Siclf, r:Li21 U:lit in the suhOJvisioI1 iS hereby made a member of the ]IIDEAWAY BEAC~I ASSOCIATION, ]NC:. Membership in UTDE.AU~F ~E,',,C~ ASSOCIATION, INC. ts appurten- ant to ownership of ~ uni~ and cannot be transferred or otherwise conveyed nr ~siqned separately from such unit. All subsequent transfnrnes shall be bound hy the By-Laws of the Association. MEMBERSHIP i;~ ASSOCIATION ASSOCIATION FUNCTIONS: The purposes of the Association are principally Lo carry out the duties and responsibili- ties imposed on the Association by this Declaration, to hold title to, improve, repair and maintain such'roads, beachfront area, pedestrian/bicycle/cart paths, gatehouse areas, recreational and ocher facilities as may be deeded to the Association for Lite benefit of its members, and to own and operate the common Facilities, and to maintain, repair, replace, improve, operate and manage any water management system. The Association shall have the power to make and collect assessments against members to defray the cost, expenses, and losses of the properL)owner or maintained by the Association within HIDEAWAY BEACH. Each owner of a residential unit or other property interest within the subdivision, by acceptance of a deed thereof, whether or not it shall be so expressed in any deed or other convey- ance, hereby covenants and agrees to pay to the Association any annual assessment or charges and special assessments Add. 1 - 10 for capttal improvements as may be ¢txed, established and collected from time to time by the Board of Directors of the Association. The annual and special assessments, together with interest thereon and costs of collection as hereinafter provided shall also be the personal obligation of the person who is the owner of each individual unit or undivided interest therein at the time when the assess- ment fell due. The assessments levied by the corporation shall be used exclusively for the purposes set forth tn this Declaration and tn the Articles of Incorporation of the Association, and specifically for the purposes of any construction or reconstruction, unexpected repair or replacement of any of the property owned or maintained by the Association. The Board of Directors of the Association shall have the authority to consider current maintenance cost and needs of the association and to affix annual assessments for such costs to be paid by the members oF the Association. In addition to the annual assessments, the Association may levy a sgectal assessment applicable to that year only for the purposes of defraying in whole or in part the costs of any unexpected repair or replace- ment of any improvement in property owned or maintained by the Association, provided that any such assessment shall have the assent of two-thirds of the votes of the members who are voting in person or by proxy at a meeting called for this purpose. The quorum required for any action authorized by the preceding section shall be two-thirds of the members. Add. 1 - 11 0t0 If the assessments are not paid on the date when due, then such assessments shall become delinquent and shall, together with interest thereon at eight percent and all costs of collection, including a reasonable attorney's fee, thereupon become a continuing lien on the property which shall bind such property in the hands of the then owners, their heirs, devisees, personal representatives and assigns. Should legal proceedings be required to enforce collection of payment of an assessment the same may be foreclosed in a lien against the lot against which such assessment was made in the manner provided for enforcement of liens pursuant to the laws of the State of Florida. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages placed upon the property subject to the assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to the sale or transfer of such property pursuant to a decree of foreclosure. Such sale shall not relieve such property from liability for any assessments there- after becoming due or from the lien of any subsequent assessment. IN WITNESS WHEREOF, the owner has caused these presents to be executed this the In the Presence. of: day of , A.D. HIDEAWAY BEACH, INC. By: Attest: Add. I - 12 Land Planning . Landscape Architecture · Urban Planning Post Office Box Number 430680 _ South Miami, Florida 33143 · (305) 661-3391 I. AWR[NCE HENDERSON, ASLA, LAND PLANNER WILLIANi I~OSENB~I~C~ ASLA, AlP, LAND.%(~AP[ A~,CHITECT Collier County Board of County Commissioners Collier County Courthouse Naples, Florida 33940 Marco Island Development Corporation, developers of the proposed Hideaway Beach property at the northwest tip of Marco Island, hereby agree to develop a boat ramp at the Collier County Marina site, located in Unit 10, Marco Beach Subdivision, Plat Book 6, Page 79, Collier County, Florida comprising a portion of Tract B that has been dedicated to Collier County. This is in lieu of a 200 ft. beachfront access dedication. We shall, at our total cost, build a concrete boat ramp, minimum of 35 feet wfde, of the appropriate length and slope to conform to the quality of Collier County public ramps, a paved parking area, a minimum of 15 parking spaces, a fishing platform and sitting area, and landscaping to accomplish the following objectives: 1. Create a pleasantly shaded sitting area. 2. Develop a landscape buffer to screen the parking from adjacent properties, using native species. 3. Create plantings that make the ramp harmonious with surrounding residential areas. Plans shall be submitted to the County for approval within 30 days from approval of our PUD application by the Board of County Commissioners. Construction of the ramp and facilities shall commence immediately upon approval, of our plans and proc~ed.diiig=i.tly-tc~com~ieLiu-.- / ~ .... ~z ....... _.:A.I~ ~ o..6-,-~.Z.c~ ~~ ~,~. / ~/,,,"~~. ~ou=~ =. ~=.z~,-- ~ ~ w~ %1. {ff ~ ~nclosurea SECTION TWO= This Ordinance shall become effective ugon receipt of notice that it has been filea with the Secretary of State. DATE: September 11z 1.9.79 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman' I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Cnllier County, Florida, do hereby certify that the foregoing is a true oriqinal of= Ordinance No. 79- 68 which was adopted by the Board of County Commissioners during Regular Session September 11, 1979. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this llth day of September, 1979. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-officio to Board of County Commissioners Deput~W~lerk &" "~ ' ' Ibis 0rdinance fi]ed with the Secretary of State's 0fftce the 17th day of SeDtembem, 1979 and ackm0w]edgement of that f~]~ng recetYed th?~ day of September, 1979. - Depu~)~Clerk ~