Ordinance 97-05 £~'0 ~' ORDINANCE 97-
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D~~ COD~ ~[~ Z~UD~S
~INCORPO~TED ~ OF COLLIER CO~TY,
F~RIDA, BY ~DING ~E OFFICIAL ZONING
AT~S ~P N~B~ED 0621N ~D BY C~GING
THE ZONING C~SSIFICATION OF THE ~EREIN
DES~IBED R~L PROP~TY ~OM "P~" TO
"PUD" P~ED ~IT D~E~PME~ ~O~ AS
LELY PA~S OF NAPLES, FOR PROPERTY
~CATED AT 1000 LELY P~S DRIVE, IN
SE~ION 21, TO'SHIP 50 SO'H, ~GE 26
~ST, COLLIER CO~TY, ~RIDA, CONSISTING
OF 23.5 ACRES MORE OR LESS; PROVIDING FOR
THE REPEL OF ORDIN~CE N~BER 82-25, AS
~ENDED, THE FOYER LELY PA~S OF NAPLES
PUD; AND BY PROVIDING AN EFFE~IVE DATE.
WHEREAS, Peter L. Breton, Esquire of Moyle, Flanigan, Katz,
Kolins, Raymond & Sheehan, P.A., representing Manor Care of Boynton
Beach, Inc., petitioned the Board of County Commissioners to change the
zoning classification of the herein described real property;
NOW THEREFORE BE IT ORDAINED BY T~E BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA;
~ECTION ONE:
The Zoning Classification of the herein described real property
located in Section 21, Township 50 South, Range 26 East, Collier
County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part
hereof. The official Zoning Atlas Map Numbered 0621N, as described in
Ordinance Number 91-102, the Collier County Land Development Code, are
hereby amended accordingly.
SECTION TWO:
Ordinance Number 82-25, as amended, known as the Lely Palms of
ONaples PUD, adopted on April 20, 1982 by the Board of County
Commissioners of Collier County, is hereby repealed in its entirety.
-1-
SECTION TI{REE:
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 c~F'day of ~~4/, 1997.
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LEGAL SUFFICIENCY '.
· ":: This ordinance filed with the
~O~IE M. ST~T
ASSIST~T CatTY A~O~EY a~ ackn~ ~ of
filing f~eived this ~ ~V
~-81-30 (1) o~Ix~cz/lav6s By~~
~c~
-2-
LELY PALMS OF NAPLES
PLANNED UNIT DEVELOPMENT
LOCATED IN SECTION 21,
TOWNSHIP 50 SOUTH
RANGE :~6 EAST
Dale
Approved by CAPCI/I~/g~
Approved by
Ordinance
Date Issued.
Approved b,/CCPC._.~
Approved by BCC..U..2Jt/.9.2__
Ordinance No. 9 7 - 5
TABLE OF CO~S
PAGE
SECTION I
~ATENIENT OF COMPLIANCE
SE~ION !l
STATE~IENT OF INTENT 34
SE~ION 111
PROPERTY O%VNERSH1P & LEGAL D~C~ON
SE~!ON IV
GENEraL DEVELOP~{ENT REGULA~ONS ~-8
SECTION V
GENEraL DEVELOPMENT COMM~E>~S 9-10
e
· 3~1-1 ZI '9? E~',:"_,4P~ P.4/13
SECTION l
STATEMENT OF COMPLIANCE
The purpo.~e o[ this section is Io express th~ intent of l~irement Corpomfion of America, P.O.
Box 15t7, Bradentou, Florida 13506 to d~velop 23.5:k a~r~ of 1and located in p~rt of S~ction
Township 50 South, Range 16 East, Collier County, Florida, Th~ name of ~his propes~d
de~'elopment shaft h~nc~fonh t~ known as L~b, Pahm of N~ple~.
The developm~.nt of the L~ly Pahns of Nap[c~ as ~ PiannM Unit D~elopmem will
compliance wit.h the planning goal~ and objectives of Collier County
Comprcb, ens~ve P1~n. T~,~ resid~n!ia[ devcIopmen~ and t~cr~fion and b~lth ~re facilifi~ ~11
b~ co~is~nt with th~ ~m~ ~licics ~nd ~ dcvclopm~m r~l~tions of ~he Comprchcmive
Plan bud Use Hl~ment ~nd o~her applicable d~um~nis for ~ following r~sop~:
1. ~ subject prop~ ~ wi~in ~he Urban Mix~ Use Di~rb~ R~identi~ SuMi~
~s identified on ~e Fumr~ hnd U~e Map ~ r~irM on Obj~iv~
Use B~m (FL~). ~ ~ of ~he Ur~ R~i~t~l SuMi~ct B ~o prov~ for
resourc~ cons~r~p~s ~nd wMt~ ~xi~tlng ~nd p[~d public f~ili~ie~ are co~en~tM. '
2. ~e Pro]~ ~ compatible wi~ ~nd comp;~men~ to ~ist~g md ~r~
u~ ~ r~quircd in Policy ~.4 of Ihe Fum~ ~M U~ Element.
3. Improvements ~re. pla~ed to be in comp~ian~ wi~ ~l~mbI~ I~M d~velop~
regula~ion~ as ~e~ for~ in Obj~cfiv~ 3 of the Future ~d U~ Element.
4. The d~v~lopment of the Project will result in ~n eff~cie~ ~nd ~nomt~1 enen~ou of
con~u~ faciIiti~ and ~ervice~ ~ required in Polici~ 3.1.H ~ L
Use Element.
~ Project is pb~ed ~o ~corpor~ mmral ~y~ for ~ mamgement ~n a~rd~
wifi~ their natural functions and capabiEfi~s a~ m~y ~ r~uired by Objecfiw 1
Dfainag~ S~b-~l~m:n~ of ~he ~blic Facilities E:em~t.
6.~c ~oj~ i~ ~ ~k~tiv~ hous~g ~o~ for ~'~n~ ~ z~g re~t ~h~l~
and helps to meet Objective 1.7 of the Housin~ E~L
7. The Proj~t r~rcs~ts ~n ln~ll retirement ~unity wi~ln the Urban Disflier.
discouraging urban sprawl as r~qu~gd by Policy ~.1 of ~ Fu~ur~ L~ Us~ Elem~m.
8. The project sponsor has filed for Certificate of Need and sh,-I1 receive approval from the
3~4'~ ~'1 '9*7 ~:c,F,~:~'.~
appropriate agencies prior to t~¢ is~=c~ of building permits. See Exhibit
9. The project de~,elopment will provide h~th c~e ~bili~ to ~og patlena who r~uke
limited life support and are unble to meet ~c criteria for hospitMintion.
10. The cn~'i~omentally se~hive areas adj=nt m ~e p~opmy prosera ~nl
features beneficial to ~esidents of the rctirment and elderly co=uniW.
e
G' ';3If:.) ,al.kp ;.4.~ p.-.rJ ~r,:T, FLr(¢.%'4 2
SEC~rION II
STATEMENT OF INTENT
It is the property owner' s intention tc~ comment: developmere of a health-in:egrated program for
a group retirement community which will Lncorporate a licensed skilled nursing care home facility
together with various Social, recreational, dining, and medical support facilities, geared to the
needs of the retired residents of the proj~'t.
The L~ly Palms of Naples shall offer a planned program of an alternative way of life for the ,,ging,
an alternative ,,~hicl: promotes their physical, psychological, and social well-b~ing, h'~ turn,
extending their lives. ~pon completion of development, the Lely Palms of Naples will contain
the following st uc.tu~ arm faci]ities. as shown on th~ Sit~ Plan, WMP&B File No. RZ-
61A,dated August :18, '1996.
~2-3 s~ory residential apaztme. nt buildings, each containing a maximum of 125 dwelling
units (of which 50 dwelling units shall be u~d as assisted living units).
12-1 story leisure living units (congregat~ a~istive care).
:,
34-I story Multiplex Units with a maximum of 4 units pet buildln'g.~
: :'i
1- Licensed healfl; center which will contain a maximum ;i~f 120 privat~ or
semi-private patient roon',.s, together with medical supI~rt'.',and administrative
facilities common to skilled nnrsing care.
A eonunons area containing a kitc}:.en, dig, social, tecreational, library,
gi.q-beauty shop, administrative and utilitarian servic~ and facilities for the
exclusive use of project residents and invited guests.
A chapel.
Various outdoor recreational areas and faciliti~.
A golf-cart/pedestrian/bike path extending throughout the project area.
A project car wash, laundry and maintenanc~ facility.
Manmade. lakes and lake-to-lake pipes and swales.
An adult daycare program/area.
The ]..ely Palms of Naplc~ project wLIl not be subdivided. The entire project, will be owned and
managed by a nero-profit o~'g. anizndon.
4
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' J~ --'1 '97 05:57F.'H P.8713
SECTION I11
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
3. I. PROPERTY OWNERStiE.:
The sub.feet propert)0 is currently owned by Lely Estates, Inc., 105 St. Andrews
Boulevard, Naples, Florida 33942, and is under purchase contract agreement with
Retirement Corporation of America, Inc. (agents for Naples Retirement, Inc.)
3.2. LEGAL DESCRIPZI'LOI',.I;
All of ttiat tract or parcel of land lying and being in Section 21. Township 50
Somh. Range 26 East, Colli,;r County. Florida, and bring more particularly
described as follows:
Commencing at the point of intersection of the west line of Section 21 and the
Southerly right-of-way line of Rattlesnake Hammock Road (C-864), nm South
89,~-27'-05' East along the said right-of-way line for 2.00 feel; thence run South
89o-i8-20" East along said tight-of-way line for 581.21 feet to the POINT OF :
BEGINNING. :~
::
thence continue South t~9o-18'-20' Fast along said right-of-,~iy for 1012.46 feet;
thence South 1~o-25'-12" East for'483.06 feet;
thence South 16o-13'-52" West for 890.35 feet; .-"
thence South 860-58'34" West for 327.18 feet to the Easterly boundary of the
proposed Tanglewood Subdivision;
Said point lying on a curve concave southwesterly;
thence following along the are of said curve in a northwesterly direction. (said
curve having a central angle of 15o-01'-24'. a radius of 1290.00 feet, a chord of
337.28 feet, and a chord bearing of North 10~-32'-08' West) for 338.25 feel;
thence Soulh 71o-57'-10" West for 150.00 feet to the Northerly right-of-way line
of the proposed St. Andrews Boulevard, said point lying on a curve concave
southwesterly;
thence following along the are of said curve in a Northwesterly direrion. (said
curve having a central angle of 50-00%28% a radius of 1140.00 feet, a chord of
99.61 feet. and a chord bearing of North 20o-33'-O4" West), for 99.64 feet;
thence Norfix 66o-56'-42" East for 150.00 feet to the northeasterly right-of-way
boundary of the proposed Tanglewood Subdivision. said point lying on a curve
concave S,lulhwestetly;
fi~ence following along the are of a~id curve in a Northwesterly direction, (.said
J~'l ~l "57 ~'~,.:5~'P~'1 P.'~/13
curve having a cen~r~.l angle of 26o-19'~", ~ ~dius of 12~.~ f~t, a chad of
587.60 fcc~, ~ chord b~aring o~ North 36o-13'-I1' Wes[), for S92.80
lhcnc~ North 49~-23'-~" West for 8.82 feet, to ~ ~int of cu~a~re, said
lying co~xcav~ Southwesterly;
the:ce tlong ~e are of said cu~e No~westerly. (said ~rve having a central angle
of 5o-15'-16", a radius of 1790.~ feet, a chord of I~.10 feet. a choffi ~aring
North 5~o-~'-42" West) for 1~.16 feet;
tlten~ Somh 34o-43'-16" West for 150.01 f~t ~ ~ No~h~terly fighter-way
,>f Sl. Andrews Boulev~d. said point lylng on a cu~e ~n~ve S~l~westEly, (~id
curve having a radi'as of 1640.~ feet. a ~nttal angle of 2~-47'43'. a chor,a of
80.00 feet, a chord be~g of North 550-58'-40" West) Br 80.01
thence North 34o-~3'-16" hst for 254.43
then~ Noah ~o-32'-55" East for 194.21 feet to ~= Southerly righill-way
of httlesnake Ih~k Road, (C-8~), ~d ~e Point of Begi~hg.
The above ~cri~d ~act is subjec~ to all e~ements. fight-of-way, rcse~atiom,
and restrietio~.s of record, and entails 23.529 acres. more or less.
.~1 ,~1 '97 ~.:~$P[4 P.10-'13
SEC*rION IV
O EN E ~ L D EVELOPME~ REGU~TIONS
4.1. ~H~:
The ~u~ose of this Section is to ~et forth the re~lafio~ for development of
gteper~ identiP. ed on ~e Master Developmere Plan. It i~ ~e inten~ of ~e project
sponsor to 6evdop a health care-lntegrated pro~am for a residential retirement
commtl~ity.
4.2. P~OJEC~ PLAN:
The pro~ect plan ~:clud~n~ ~ntemal private street layout is iljustrated ia E~bit A.
Ske Pla~, WMP~B File No.~-61A, da:ed A~gust 28, 1996. The proj~ ~hall
consist of the following st~e~rcs and faci!i~es.
2-3 story residenfiaI apar~ent buildings, each containrig a m=~ of 125
dwelling units (of which 50 dwcIling un[:s shah be used ~ ~sist~ liv~g uniB).
12 - One Sto~ leisure living uai~ (congregate assiative
34-1 Sto~ Multiplex Units with a ~um of 4 uni~ ~r ~ilaing.
I - O~e S~o.~ licensed heal~h cen~er w~ich will ~n~in a m=~um of
or semi-private patient rooms. togech~ with medical supra ~d ~minis~tivc ,
facilkti~s co~on to skilled nursing care.
A Commons Area, containing a kitchen, dining, s~ial rccreatto~l, libra,
gi~-beauty shop, administrative and utilitarian sen'ices aM ~cilities.
A chapel.
Various outdoor recreational areas and facilities;
A golf car~pedestria~ike
A car wash, laund~' ~d maintenance fieilia.
- Manmade lakes ~nd lake-to-lake pipes and swales.
- An adtd~ da~care p:ogramlarea.
Principal and accessory buildings shall be developed general])' as indicated on the master
plan. No principal buildings shall be closer together than one-half the sum of their heights.
No build!ng shall be closer to a property bo,.mdary than 30 feet or one-half the builtling
height, whichever is greate. r. except along the eastern property boundary adjacent to the
"PR" Cypress Preserve Tract in the Lely Resort PUD, which shall be nventy (20) feet.
3 s:ories a]-,ove the base flood elevation for the apa,-tments.
I story above the base flood elevation for all other structures.
~96 Mnxjmum 1K, ing dweJling, units.
1 ~-0 Nla~irnum beds in the heahb c¢.r~ter.
4.4. ~ILt'qlMUM I~,WELLIN. G. UNiT FLOORAREA:
350 Square feet
330 covered and uncovered parkblg, spaces sha]l bc considered. The Zoning
Director may require dlat additional space shall be provided, if a need for such ;
additional spaces is demonstrated after the project is occupied.
4.6. LIMITATION .O?4 .SIGNS:
As permitted by the zonjnl~ ordinance jn effea at time of application for buildiug
permit.
All appljca~,~le Li[e Safe,'y Codes will be complied with. For the purposes of
Buildh~l; Code Regulati,)ns, the heahh center portion of this PUD is hereby
designated as a Fire District as describ,--d in the Southern Standard Buildjn~ (:ode
as adopted by Collier Calmly.
GENERAL DEVELOPMENT COMMITMENTS
3.1. PUILP..OSE:
The put'pose of this Se..'tion is ~o set forth the standards for development of the
project..
5.2. PIZD .AlASTEE D. EVELOPMENTI' PLA]~:
A. ~'he PUD Master Deve!optuent Plan, (Roger L. Schurte & Associates)
~Z-65 is an illus:rative preliminary development plan. This plan is
s~perceded b)' tile Si;e Plan Wilson, Miller, Barton & Peek, Inc. File No,
RZ-dlA, doled August 28, 1996.
B. The design criteria and layout iljustrated on the Master Hart shall be
understood as flexible so that, the fma! design may satisfy the project and
comply v,,ith all applicable requirements.
C. Ail neeessay easements, dedications, or other instrun;;ints shall be grauled
te insure the corttinued operation and maintenon= of all service utilities.
D. Minor design changes shall be permitted subject to ~t;.ff approval.
E. Overall site design shall be harmonious in terms of landscaping, enclosure
of structure, lc. cafions of all improved facilities, and location and treatraent
of buffer areas.
F. To protect the iJ;tegrity of the Planned Unit Development, the only access
road sh'e.21 be the private road as shown on the Master Plan with an
exception of a service entrance off of Rattlesnake Hanunock Road.
G. Areas illu::trated as 'lakes' shall be constructed lakes, or upon approval,
parts thereof may be green areas in which as much natural foliage as
practicable shall be preserved. Such areas, lakes and/or natural green
e areas, shall l:e of general area and configuration as shown on the Master
Plan.
,T,ql4 21 '97 ~i~.:C~EIFI*I P,l:B/13
5.3. L~TILIg:['ES.:
All Tequlremcnts for water Qncl wastewater supply shall comply with the Utility'
Ma=a,~er Memo da%.':'J January 5, 1982 which is made part of tt~is document.
Telep~,o%:e, p}wer and T.M. cable service shall be made available to ~11 residential
are~.s. All such uti'.:ity lines shall be :.ns~alled underground.
5.4. SOLiD ..~!ASTE DIS
Such arrangements and agreements as necessary shall be made with an approved
solid waste disposal service to provide for solid waste collection service to all areas
of the pr,oject.
;
5.5. EXT..EP.,N.'AL
A. Tl'.e l~et]rioner zhal! provide 17.5 feet of additional right-of-way along the
no:'th boundary of the preper.~.' for future widening of Ranlesnake Hammock Road.
B. If ~his project is commer, eed prior to connection of St. Andrews Boulevard
'..} Rattlesnake Ha~m~ock Road. the petitioner shall plot and construct that
pc,. r~ion of St. Ar..drews Boulevard from his project entrance to Rauleasnake
Hammock Road.
5 6 I~.h'VII. t. ON31EN'I'AL:
,r ;
A. W;.th=.n tl'.irg., days of approval of this PUD amendment. 81-30(I). the'
owaer shall submit art Exotic Vegetation Removal and Maintenance Plan for
re~'iew aud approval by Current Planning Environmental Staff. This plan
shall include a time sched~tle for beginning and completion of removal of
exotics from the site (per Collier County Land Development Code 3.9.6.4.1
as amended). the n~ethod of removal and a commitment that the property
ow2er shall be respc~nsible for subsequent annual exotic removal (CCLDC
3.9.6.6.5).
FACILITIES
SITE PLAN
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 copy of:
ORDINANCE NO. 97-5
Which was adopted by the Board of County Commissioners on the 28th day
of January, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 29th day of January,
1997.
DWIGHT E. BROCK .......
Clerk of Courts and"~f'erk .... "' '.-'.':>"'=
Ex-officio to Boara .' '. ', k