Ordinance 76-204't7492
OP. DI~IA}ICE NO, 76- 20
619
A~I ORDIIIANCE RELATING TO PUBLIC ACCESS TO
PUBLIC BEACHES I DECLARING Ail INTENT AND
PROVIDIIID DEFINITIONS I PROVIDING PI~SICAL
~QUIP. EI~NTS FOR PUBLIC ACCESS, PROVIDI}IG
A PROCED~ FO~, ~ID ~THODS OF PROVIDIN~
~ND FOR PUBLIC BEACll ACCESS AMD SUPPORT
FACILITIES; PROVIDIIIG ~T NO FI~I~ P~T,
P.U,D., OK DEVELOP}'~ P~S E~LL BE
APPROVED NO~ BUILDING PE~IIT ISSUED
AK~NGE~NTE FOR PROVISIONS OF BEACH
ACCESS ~ BEEN }~DE, OR ~TIL ALL CON-
DEMNATION PROCEEDIIIGS O~ PUKC~SE IIEGO-
TIATIO:IS ~.VE BEEll CON~ED; PROVIDI~IG
FOR LOCATION OF PUBLIC ACCESS AI~ SUPPORT
FACILITIES; ~OPTING A PUBLIC ACCESS
CO~HENSI~ }~P, PROVIDING FOR WAI~R
OF ~QUI~I~E, PROVlDIIIG A ~S BY ~ICH
DE.LOPERS OF BEACHFRONT PROPE~ ~Y
FER ~{E DE~LOP~ RIGHTS OF ~NDS CO~D
TO ~{E CO~ TO CONTIGUOUS ~NDS; PROVIDING
PEN~TIES FOR VIO~TION, EFFECTI~ DA~
SE~ILI~.
%~EREAS, the public beaches ara lands vested in the public
domain, and,
I~IEREAS, the citizens of Collier County have the right-
ful use of such public beaches, and
I~IEREAS, the citizens of Collier County maintain and
support the public beaches through their ad valorem taxes,
and
WI{~REAS, the d~nial of public access to such public
beaches would coasCituCe a denial of the usa and benefit o£
such public beaches, and,
%~EP~iAS, the Board of County Co~u~isstoners deem it
essential to the public health, safety, and welfare that any
citizen of Collier County has the right of access to the Usa
of such public beaches,
THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
CO~IISSIONERS OF COLLIER COUITTY, FLORIDA:
SECTION ONE: SHORT TITLE.
TltIS ORDINANCE SHALL BE K}IO~I AS AND HAY BE
THE PUBLIC BEACH ACCESS ORDINA}ICE. ~_
1. In order to maintain peace and order, provide%
emergency ingress and egress, and provide the pubZia
DAP/d 4/30/76 . . Page One of Seven
resource amenities o~ the beaches of Collier CountY, and to
develop and use the beach resources to the greatest benefit ~
of the health and welfare of the citizens of Collier County, ~
it is hereby declared to be the le$islative intent of this ~
Ordinance to provide a means and procedure for insuring thac'~'~
adequate public access is provided and maintained, that access
is maintained in such a manner as to preserve or enhance
existing natural features. It is further the intent of the
Board o~ County Co,=nissioners to provide and implement funds
a~d fundinK programs to insure the developmenC~ maintenance
and upkeep of areas acquired pursuant to chis Ordinance.
The preface and provisions of this Ordinance, being remedial
of nature, are to be liberally construed to effectuate ice
purpose in the interest of the public health, safety and
welfare of the citizens of Collier County and the State of
Florida.
SECTION THREE: DEFINITIONS.
For the purpose of this Ordinance, the follo~r~ng defini-
tions shall apply~
1. Blocked public access shall mean the development
of land with structures and/or improvements or any other barrie~
which denies public access to public beaches at intervals of
26&0 feet as prescribed in this Ordinance.
2. Blocked support facilities shall mean the development
of land with structures and/or improvements ~r any other berrie=
which denies the public of the required support facilities
which are necessary for the use and enjoyment of the public
beaches.
3. Contiguous land shall mean any land abutting land
conveyed to the County aa required in this Ordinance or any
land which is located within one half mile (2640 feet) of
the land conveyed to the County as permitted in Sectio~
Four, Para. 7 of this Ordinance.
4. Intervening land shall mean any land which is locaced.
between a public beach and a landward point of public access
Page Two of Sav~n
through which land an existing or potential public access
5. Public Access shall mean existing access to a publi~
beach from any road, street, easement, or any other ray which
the public has'a right to use.
6. Public Access, Potential, shall mean any access to
a public beach which is not existent at the time of passage
of this Ordinance but which is required under Section
of this Ordinance and designated on Exhibit 1.
7. Public beach shall mean any water area along the
Cull of Mexico along with ice upland lands which have been
dedicated to the public or in which the public has a right to
their use by easement, prescriptive right, customary use,
State or Federal o~nership, or as a result of any other act,
law or instrument through which the public has a prescribed
or implied right to their use.
8. Support Facilities shall mean but not be limited
to shelters, toilets, offstreet parking or any other required
facility which is complementary to the public access and which
is necessary for the use and enjoyment of the public beach
it serves.
SECTION FOUR: APPROVAh OF DEVELOP!~I~T PLANS: ISSUANCE OF
BUILDIN0
1. Prior to the granting of ~he final approval for
subdivision, Pla~ed UnlC Development (PUD), or th~ issuance
of a building p~i~ for any lands which are adjacent ~o or
contiguous w~th public beaches and which lands hav~ ~h~ poCen-
till of blocking public access and/or po~n~at public access
and suppor~ facilities as defined herein, ~h~ subdivider or
appllcanc, as o~er or agen~ of subject prop~r~y shill arrange
with the County ~o provld~ land' for public access and support
faclllttes as de~emined and requlred in chls Ordlnance.
2.
Physical Requirements of Public Access.
A. Maximum Separation.
The maximum separation from one point of
public access to ~he nexe point of public
access shall not be greater than one hale
,.,:;:; ....... ~, .,, Page Three oE
The minimumwidth of any public access shall
be one hundred (100) feet.
Minimum Yard Requirements:
~e minimum depth of yards which abut an
existing or potential public access
be the same distance as required in the
r
zoning district regulations depending
whether such yard is a front, side, rear
or corner lot.
3. Method of Providing Land for Public Access and
Support Facilities.
Land for Public Access and Support Facilities may be
provided by deed, public easement, dedication or. any other
method which guarantees such public access in perpetuity
and approved by the County.
4. In the event the owner ~f lands required for
public access and support facilities as required by this
Ordinance refuses to convey them to the County, and it
becomes necessary to condemn said lands, no County
permit shall be issued for the improvement or development
of the subject land until the later of the conclusion,
including expiration of all appeal and%or re-hea~ing
periods, of said condemnation proceedings, or the conveyance
or transfer of said lands to the County pursuant to negotia-
tions for lease, purchase, or dedication.
5. Location of each Public Access and Support Facili~y.
The location o~ each Public Accede and ~uppor~ ~acill~2
will be predicated on ~he gro~h needs aa ~11 as ~he location
and utilization of all existing points o~ public access and
suppo~C ~acili~ies in a ~er which ~ill no~ duplicate o~ con-
flic~ wi~h an existing public access and auppo~ ~acili~y
while perilling a comprehensive coverage o~ Collie~Co~
with adequately located public access ~o ~he public beached.
6. Adoption o~ Public Access Comprehensive ~p.
In o~der co establish a co~ehenaive plan
evenC~l acquisition o~ development o~ adequate public access '~
and support facilities, th~ Board of Co~7 Co~isalanera., .
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' '" '"t~ ~3~ ~1"~, ~.,.¢~]~b~v,'..~<:.. ', ,' ~ ' ' "
hereby adopts Exhibit 1, sheets 1 thru 22 and Exhibit.Il,
Pages 1 and 2 aa part of this 0rainance.
The location, acquisition and development of all publio
access and support facilities shall be guided by Exhibit: 1
and Exhibit 2 and the only devia:ion from said exhibits shall
be as provided in SECTION FOUR, Paragraph ? of this Ordinance.
7. Waiver from Requirements of this Ordinance.
A. Even though the Board of County Commissioners
have determined that public access and support faciliCie0
shall be provided at maximum intervals of one-half mile
(2640 feet) as indicated in Exh£b£t 1 and Exhibit: 2,
such distance may be shortened or lengthened by the
Board of County Commissioners in order Co take into
account the availability of suitable land for such need,
the physical geography of the land, the location of waters,
roads, railroads, or ocher barrier features which may
require the extension or contraction of t:he distance
between points of public access the representation
relative to beach access on Exhibit 1~ Pa~es 1 through
22, no~wichscandin~.
B. In the event Chat more than one public access
and support facility ia required cE any one developer
or owner, the Board of County Commissioners ia hereby
empowered Co waive the one half mile (2640 feet) maximum
distance requirement of said public access(es) and
facility(ica) and require in lieu thereof that such
public access(es) and support facilit:ies be provided in
the aggregate in a specified location(s) rat:her than in
separate locations as required in this Ordinance.
C. In order to carry ouc the intent: and objectives
of this Ordinance, the Board of County Commissioners are
hereby empowered to waive the requirements of this
Ordinance Co the extent that the lit:eral enforcement: of
this Ordinance will create an unduly Severe hardship
on the appl'icant for a final approval of a Subdivision
plat:, PUD, or building permit: to the extent ChaC the
intent and obJectivAs of Chis Ordinance will be £ulEllted.
..... ,'- Page Five of
~ere the developer has voluntarily conveyed beach access
lands to the County, the Board of County Com~issioners may
authorize the transfer of development rights for lan~s which
are ~omveye~ to the Count7 for public access and support
facilities to lands contiguous to lands so conveyed. Said
transfer may be made on the basis of whichever of the follow-
ing three options, as expressed by the following formulae,
permits the greater number of dwelling Units=
a) Number of dwelling units which - Number of dwelling units
may be transferred par acre on contiguous
land under existing zoning
claSsifiCation
Number o~ acres conveyed
b) Number of dwelling units which - Number of dwelling units
may be transferred per acre as established
by the Official Land Usa
~uide '
Number of acres conveyed
Note: Where number of dwelling units which may be transferred
equals a fractional number, if the fraction e~uals more
than .5, number of dwelling units to be transferred will
be increased to the next higher whole number. If number
of dwelling units which may be transferred eguals .$
or less, number of dwelling units which ma7 be trans£ez~ed
will be decreased to the next lower whole number.
c) A transfer of one dwelling unit per acre or
portion of an acre conveye~.
Notwithstanding the above, the Board of County Co~issioners
shall have the authority to authorize the transfer of a lesser
number of development rights where it finds that the transfer of
a greater number would be contrary to the public interest.
SECTION FIVE: PENALTIES FOE VIOLATION= RESORT TO OTHER REMEDieS.
Violation o£ the provisions of this Ordinance
to comply with any of its requirements shall constitute a mis-
demeanor. Any person or firm who violates this Ordinance or
fails to comply with an7 of its requirements shall upom con-
viction thereof be fined, or imprisoned, Or both, as p~ovide4
DAP/d
by law. Each day such violation con~inues 8hall b6 considered
a separate offense. Any other person who co~i~o,
in, assists Eh, o~ main~ains such viola~on ~y each be ~ound
Eu~l~y o~ a separate o~ensm and su~er ~be penal~ies hera~n
provided. 8o~hin~ har~n contained shal~ prev~n~ ~h~ County
~rom ~akin~ such o~har la~u~ ac~on, EncludEn~, bu~ hOC
l~miced ~o, ~esor~ ~o equE~ble ac~on as ~s necessa~ ~o
prevent or remedy any v~ola~on.
SECTION SIX: EFFECTI~ DATE OF O~INANCE.
This Ordinance shall ~ake effec= ~edta=ely upon
of acknowledgemen= tha= this Ordinance has been filed ~=h
the Office of =he Score=sty of S=a~e of the S=a=e. of FlorSda.
SECTIOM SE~N~ SEVE~ILI~.
I~ is ~he tnten:lon of ~he Co~y Co~tsston ~ha='each
aepara=e provision of =his Ordinance shall be deemed ~nde-
penden= of all o=her provisions herein, and i~ ~s fur=her
inten=ion of =he Coun=y Co~iss~on ~ha= if any provisions of
~his Ordinance be declared =o be invalEd, all o=har provisEons
=hereof shall re, in valid and enforceable.
PASSED ~ D~Y ADOPTED BY ~ Board of Co~cy Co~iss~oners
of Collier County, Florida, =h~s 27Ch day of April,.1976.
'.~ ". .' ' ~App~ved as ~o
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DAP/d 4/30/
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l;~heet:'~'~1 o~ 22 shee~s
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EXIBIT I
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EXHIBIT
$3 $,
:
BEACH ACCESS
Number
48-25-6A
6B
6C
7A
I?B
20A
'20B~
29A
29B
32A
32B
49-25-5A
8A
8B
16A
168
17A
17B
2lA
2lB
5Q-2S-34A
34B&C
51-25-3A
llA
llB
Property Owner Address
Lely Estates Inc. ~05 St. Andrevts Blvd. Naples
A.L. Dougherty Co. Inc. 9938 S. Western Ave., Chicago,IL 60643
Bank of Naples Trustee P. O. Box'488
Robert V. Gisselbeck
et ux
Trustees of Internal
Improvement Fund
Baker-Carroll Point
Unit 2
Vanderbilt Beach
Estates [1
Barton Jr. & I.U.
Collier
Land Corp
Barton Collier
John A. Pulling et al
Park Shore Unit 5
Same as 16A & B
Park Shore Unit 2
Key Island Inc.
~aples
Tallahassee ,
· Vanderbilt Gulf Towers Unit 1,INC.
Lot I c/o John Naylor 1800 Central
Bank Building, Cleveland, Ohio
Lot 26 - P. M. Francoeur-1400 Gulf'
Shore Blvd. N. Suite 208, Naples
Lot 27 - Seminole Vanderbilt Corp.
P. O. Box 2536w Naples
e~ ~ a~v A Gerald T. ~ent-2325
~a~Ar~iv~, Cleveland, Ohio
3003 Tamiami Trail North, Naples
c/o Naples Real Estate Exchange, Naples
.Lot i - Scotts~ale Company
%050 Gul~ Shore Blvd. N. '
Same as 16A & B 2~.
LOts 12"& 17, Scottsdale Coo .
Blk. I 4050 Gul£ Shore
Right-of-way Blvd. N.
P. O. Box 1157, Naples
EXHIBIT 2
page . 1. of 2 pages
S1-25-14A
23A
23A
24A
25A
$1-26-30A
3lA
Marco - 1
2
3
4
6
9
10
29B&C
32A
33A
33B
53-26-4A
~ ..... 9A
10A
10B
Ross M. Parrack et u~
A. Hernly Boyd ob ux
Joseph C. Diedrick
George M. Kingsnorth
Ramarest Inc.
Cordelia 5caife May
George L. Mendez Jr.
et ux
Betty Leu R. Smith
#
Hammlll & Crayton
Edwin A. Jones
Three L. Xnc.
Deltona Corporation
#
#
Trustees
#
#
J. Fred Abramson
James Cart
Douglas Bathey et ux
Collier Development Corp.
3675 Kully Rd., }laples - Lot 9
800 E. Delaware St., Can~r£dge
City, IN - Lot 10
Oak Lodge RR4, West Bend, WI
Lot 34
1715 Danford St., Naples, Lot 35
c/o Retry F. Bauer, Treasurer
601 15 Ave. S. Naples, Lot 3.1
P. O. Box 1345, Pittsburgh, PA
15230 - Lot 3.2
5101 SW 75 St.~ S. Miami Fla.
33143 - Lot 9.3
4308 Club Dr., NE, Atlanta, GA
Lot 18 - Neapolitan Enterprlse~
4001 Care~ Tower, Cincinnati,
c/o Beach Club Hotel, Naples
Lots 20, 23
2660 Airport Rd, Naples
691 15th Ave. S., Naples
P. O. Box 66, Naplee
4000 Gordon Dr., Naples
E~IBIT 2 page
2 of 2 page~
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