Ordinance 2007-72
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,,'I!<'V... OU>,,\ ORDINANCE NO. 07-~
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fJ /\\l\i'\ ~ ~N ORDINANCE OF THE BOARD OF COUNTY
~ \-. t\\\t\\AOMMISSIONERS OF COLLIER COUNTY, FLORID.fi;.
~ ~~t'u'\..\) if: MENDING ORDINANCE NUMBER 92-15, AS AMENDEEf,..:
....~,,~ <oq,'V WHICH RE-ESTABLISHED LELY, A RESORT COMMUNITY
~9L ,,0" PLANNED UNIT DEVELOPMENT (PUD), BY AMENDIN~
".~ SECTION 2.07 ENTITLED "PERMITTED V ARIA TIONS Of'
DWELLING UNITS" TO CHANGE VARIATION STANDARDS;'
SECTION 5.02 ENTITLED "PERMITTED USES AND
STRUCTURES" TO ALLOW MIXED-USE DEVELOPMEN1'i_. (1
(INCLUDING C-2 AND/OR C-3 USES AND UP TO 175,....J
RESIDENTIAL DWELLING UNITS) AS A PERMITTED USE ON
THE C-2 PARCEL FRONTING U.S. 41 AND TO CHANGE THE
COMPARABLE USE PROVISION TO REQUIRE A
DETERMINATION BY THE BOARD OF ZONING APPEALS
INSTEAD OF THE DEVELOPMENT SERVICES DIRECTOR;
SECTION 5.03 ENTITLED "DEVELOPMENT STANDARDS" TO
ADD SQUARE FOOTAGE REQUIREMENTS FOR C-2 AND C-3
USES AND TO ADD OPERATIONAL RESTRICTIONS FOR
RESTAURANTS PERMITTED IN THE
COMMERCIALIPROFESSIONAL (C-2) TRACT AND TO ADD
DEVELOPMENT STANDARDS FOR THE C-3 USES AND
RESIDENTIAL USES PERMITTED IN THE
COMMERCIALlPROFESSIONAL (C-2) TRACT; AMENDING
EXHIBIT H, THE PUD MASTER PLAN; AND PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, on March 10, [992, the Board of County Commissioners approved
Ordinance Number 92-15, which re-established Lely, A Resort Community Planned Unit
Development Zoning District; and
WHEREAS, on May 26, 1992, the Board of County Commissioners approved Ordinance
Number 92-38 amending Ordinance Number 92-15 in order to correct a scrivener's error; and
WHEREAS, Richard D. Yovanovich, Esq., representing Stock Development, LLC,
petitioned the Board of County Commissioners to amend Ordinance Number 92-15, as amended,
for Lely, A Resort Community Planned Unit Development
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
AMENDMENTS TO PERMITTED VARIATIONS OF DWELLING
UNITS SECTION
Section 2.07 entitled "Permitted Variations of Dwelling Units" of Ordinance Number 92-
15, as amended, (the Lely, A Resort Community, Planned Unit Development) is hereby amended
to read as follows:
Page I of 4
Words underlined are additions; words sImek tkroagk are deletions.
All properties designated for residential uses may be developed at the
maximum number of dwelling units as assigned under Section ~ 2.05, provided
that the total number of dwelling units shall not exceed 10,150. The Development
Services Director shall be notified iH aecorctaHee witk SectieH 2.01 of such an
increase and the resulting reduction in the corresponding residential land use or
other categories so that the total number of dwelling units shall not exceed
10,150. Approximately 1850 single family units and 8300 multi-family units
have been planned. Variations from these numbers without an adiustment to the
maximum number of units within the proiect shall be permitted provided that the
maximum number of dwelling units by type shall not vary by more than twenty
(20) percent The maximum number of dwelling units shall include all
caretaker's units but does not include the designated hotel rooms. The proiect
may exceed the variation of twenty (20) percent of the unit types set forth in this
section provided that for every single family unit permitted in excess of 2220. the
maximum number of dwelling units shall be reduced by 1.667 units.
SECTION TWO:
AMENDMENTS TO PERMITTED USES AND STRUCTURES
SECTION
Section 5.02 entitled "Permitted Uses and Structures" of Ordinance Number 92-15, as
amended, (Lely, A Resort Community, Planned Unit Development) is hereby amended to read as
follows:
5.02 Permitted Principal 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 Permitted Principal Uses and Structures:
]) Business and professional offices; banks; financial institutions.
2) Churches and other places of worship; civic and cultural facilities;
educational facilities.
3) Funeral homes.
4) Homes for the aged; hospitals, hospices and sanatoriums, hotels and motels.
5) Medical laboratories; medical clinics; medical offices; mortgage brokers;
museums.
6) Parking garages and lots; private clubs.
7) Real estate offices; research design and development activities; restaurants;
rest homes; convalescent centers; and nursing homes.
8) Laboratories, provide that:
No odor, noise, etc., detectable to normal senses from off the premises are
generated;
All work is done within enclosed structures; and
No product is manufactured or sold, except incidental to development
activities.
9) Transportation; communication and utility offices - not including storage or
equipment
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Words underlined are additions; words sImek tkr8agk are deletions.
10) Water management facilities and essential services.
11) The C-2 parcel fronting U.S. 41 may be developed allowing C-2 and/or C-3
uses. as outlined in Section V and Section VI of Ordinance Number 92-15, as
amended, and UP to 175 residential dwelling units to provide for a mixed-use
proiect
ru Any other commercial use or professional service which is comparable in
nature with the foregoing uses and which the Dcvelej3HleHt Ser'liees Direetor
Board of Zoning Appeals determines to be compatible in the district
B. Permitted Accessory Uses and Structures:
I) Accessory uses and structures customarily associated with uses permitted in
this district
2) Caretaker's residence.
SECTION THREE: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION
Section 5.03 entitled "Development Standards" of Ordinance Number 92-15, as amended,
(Lely, A Resort Community, Planned Unit Development) is hereby amended to read as follows:
5.03 Development Standards:
I) Minimum Site Area: As approved under Section 2.04
2) Minimum Site Width: As approved under Section 2.04
3) Minimum Yard Requirements from parcel boundaries:
Thirty (30) feet
4) Maximum Height of Structures: Fifty (50) feet above the finished grade of the
site, plus ten (10) feet for under building parking.
5) Minimum Floor Area of Principal Structures: One thousand C 1 ,000) square feet
per building on ground floor.
6) Minimum Distance Between Principal Structures: 30' or 1/2 the sum of the
building heights, whichever is greater.
7) Minimum standards for signs, parking, lighting, and landscaping shall conform
with applicable Collier County Regulations is effect at the time permits are
sought
1il The area of the C-2 and C-3 uses referenced in Paragraph 5.02 A. I!) above shall
be limited to a maximum 100.000 square feet in the aggregate.
21 The area of each. individual C-2 and C-3 use referenced in Parae:raph 5.02 A 11)
above shall be limited to 20.000 square feet. except for food stores.
lQl Any restaurant uses permitted bv or associated with anv use permitted bv either
the C-2 or C-3 land use designations of this Ordinance. onlv if those uses are
located on the C-2 parcel fronting U.S. 41. shall be subiect to the following
additional regulations:
i!l No televisions shall be permitted in outdoor seating areas.
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Words underlined are additions; words struck tkreagk are deletions.
hl No amplified sounds. including music. shall be permitted in outdoor
seating areas after 10:00 P.m.
fl No live entertainment shall be permitted in outdoor seating areas after
10:00 pm.
ill. All windows and doors shall be closed after 10:00 pm.
ill The 175 residential dwellinl! units and C-3 uses referenced in paragraph 5.02 A.
I!) above shall be subiect to the C-2, Commercial/Professional development
standards set forth in this Paragraph (Paragraph 5.03).
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 13 day of ~2007.
,
ATTEST;.,,,,,
DWIGwr'E.,#RQCK, CLERK
C1r;k~~(Pc{a~~ ~
}tti.~t. U,.:t~'Cl>~ 1 ~~u,ty Clerk
l19nHIJ!"'~.-""'} ,
Appro~edas to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:__l~
JAMES COLETTA, CHAIRMAN
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MarjOr~ Student-Stirling
Assistant County Attorney
This ordinonce filed with the
~e_tary of p...N:a..Qjf1ce j:\;!<~n
Ll.l.L'tloy of ~~~
and acknowledgem that
fill rec' ed t . doy
of
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Words underlined are additions; words struck tkreagk are deletions.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-72
Which was adopted by the Board of County Commissioners
on the 13th day of November, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of November, 2007.
DWIGHT E. BROCK
Clerk of Courts and Cler~
Ex-officio to Board of
County Commissioners
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By: Ann Jennejohn,
Deputy Clerk