Ordinance 93-32 ORDINANCE. NO. 93-_1~__
~ AN ORDINANCE AMENDING ORDIN~2qCE NUMBER IX
~;~. 91-102 THE COLLI~ CO~TY ~D ~.
~ D~E~PMENT CODE ~ICH INCLUDES THE ~Q. ~t~
'~ CO~R~ENSIVE ZONING REGU~TIONS FOR THE
~INCO~O~TED ~ OF COLLIER CO~TY,
F~RIDA BY ~DING THE OFFICIAL ZONING '-t..':? ....
AT~S ~S ~B~ED 0630, 0631, 0632N,
0632S and 160506; BY C~GING THE ZONING
C~SSIFICATION OF THE HEREIN DESCRIBED'
R~ PROP~TY FROM "A" and "A-ST" TO
"P~" P~ED ~IT D~ELOPMENT KNOWN AS
LELY ~ES FOR A MIXED USE D~E~PMENT
(720 RESIDENTIAL DWELLING ~ITS, DIVERSE
~CR~TION~ ~ENITIES INCLUDING A 27
HOLE GOLF CO~SE, CLUBHOUSE AND A S~LL
NEIGHBO~OOD CO~ERCIAL CENTER), ~CATED
SO~ OF ~ST T~I~I T~IL (US-41),
~PROXI~TELY ONE MILE SOPHIST OF THE
INT~SE~ION OF ~ST T~I~I T~IL ~D
~LESN~E ~OCK ROAD (CR-864) IN
SE~IONS 30, 31 & 32, TO. SHIP 50 SO.H,
~GE 26 ~ST ~D SECTION 5, TO.SHIP 51
SO.H, ~GE 26 ~ST, COLLIER CO~TY,
F~RIDA, CONSISTING OF 1,495~ ACRES; ~D
BY PROVIDING ~ EFFECTIVE DATE.
~S, Mc~ly, Asher and Associates, Inc.,
. representing ~ly Development Corporation and Investor's Real
'Estate Southwest Corporation, petitioned the Board of County
Co~issioners to change the zoning classification of the
.herein described real property;
NOW, ~EFORE BE IT O~AINED by the Board of County
Co~issioners of Collier County, Florida:
The Zoning Classification of the herein described real
~'~" property located in Sections 30, 31 & 32, Township 50 South,
.~; .j.
Range 26 East and Section 5, Township 51 South, Range 26
East, Collier County, Florida, is changed from "A" and "A-ST"
to "P~" Planned Unit Development in accordance with the Lely
~kes P~ Doc~ent, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas
Maps Numbered 0630, 0631, 0632N, 0632S and 160506, as
" described in Ordinance Number 91-102, the Collier County Land
--1--
Development Code, are hereby amended accordingly.
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this /~ day of
· ~ 1993.
.;;. "i: J.'.'i,'~)'~%A~I[J ,~, .. BOARD OF COUNTY COMMISSIONERS
',. .,%~.:.. .~67 '-. ~; COLLIER~TY, F~RIpA
B~T L. SANDERS, C~I~
. ~. % ~t '. ~.' ...,~.. ~
.. ~' ?.. . .
,: ~ .':
-2-
LELY LAKES
A
PLANNED UNIT DEVELOPMENT
PREPARED FOR:
LELY DEVELOPMENT CORPORATION
&
INVESTOR'S REAL ESTATE SOUTHWEST CORPORATION
&
COMMERCIAL PROPERTIES SOUTHWEST CORPORATION
PREPARED BY:
McANLY, ASHER & ASSOCIATES P.A.
PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS
5101 TAMIAMI TRAIL EAST
SUITE 202
NAPLES, FLORIDA 33962
DATE FILED
DATE REVIEWED BY CCPC
. DATE APPROVED BY BCC 6/8/93
.,,.~ ORDINANCE NUMBER 93-32
LLPUD4.DOC
TABLE OF CONTENTS
PAGE
L~ST OF ~HIBrrs ~
STATEMENT OF COMPLIANCE & SHO~ T~E II
S~ON I PROPE~Y O~RSHIP & D~CRI~ION 1-I
S~ON II PROIE~ DEVELOPME~ 2-I
S~ON III ~IDE~IAL DEVELOPME~ 3-1
S~ON IV ~IGHBO~OOD COMMERCIAL 4-1
SE~ON V COMMONS/~C~A~ON A~ 5-1
SE~ON VI PASSIVE ~C~A~ON AREA ~1
8~ON VII NAW~L A~A 7-1
S~ON ~II B~R A~ 8-1
S~ON ~ DEV~OPME~T COMM~ME~S 9-1
061 129
LIST OF EXHIBITS, TABLES & FIGURES
VICINITY MAP (Page I-4)
TABLE I RESIDENTIAL DEVELOPMENT STANDARDS (Page II[-6)
FIGURE 4-I CjustERED NEIGHBORHOOD COMMERCIAL SKETCH (Page
iv-6)
FIGURE 4-2 CjustERED NEIGHBORHOOD COMMERCIAL CONCEPTUAL
DESIGN (Page IV-6)
EXHIBIT A Planned Unit Development Master Plan (Prepared by McAnly, Asher
& Associates P.A.); (Base map drawn by Glatting, Lopez, Kercher,
Anglin)
EXHIBIT B Planned Unit Development Tact Map (Prepared by McAnly, Asher &
Associates, P.A.)
061 :130
i
STATEMENT OF COMPLIANCE
The development of apt?roximatety 1,495 acres of property in Collier County, to be_
known a~ Lely Lakes will be in compliance with the planning goals and objectives of
Collier County as set forth in the Comprehensive Plan. The residential, commercial and
recreational facilities of Lely Lakes will be consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives for the
following reasons:
1) The urban intensity land uses proposed in Lely Lakes are located within the
Urban ResidentialLand Use Designation as identified on the Future Land
Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future
Land Use Element.
2) The subject property's location in relation to existing or proposed community
facilities and services, and Urban Land Use Boundary permits the
development's residential density as required in Objective 2 of the Future Land
Use Element.
3) The proposed residential density of 0.48 dwelling units per gross acres is
substantially less than that defined by the Density Rating System in the Future
Land Use Element. Policy 5. I of the Future Land Use Element requires that
new residential zoning be at a density equal to, or less than that defined by the
Density Rating System.
4) The proposed commercial development opportunity complies with the
requirements for EU.D. Neighborhood Commercial Subdistricts as set forth in
Section 4.B.2. of the Density Rating System from the Future Land Use
Element.
5) The project development is compatible and complementary to existing and
future surrounding land usa as required in Policy 5.4 of the Future Land Use
Element.
6) Theproject's development will adhere to the provisions of Collier County's
LandDevelopment Code as set forth in Objective 3 of the Future Land Use
Element.
7) The project development will result in an efficient and economical extension
of community facilities and services as required in Policies 3. I.H and L of the
Future Land Use Element.
8) The project development will incorporate natural systems for water
management in accordance with their natural functions and capabilities as set
forth in Ordinance 90-10 and Collier County's Land Development Code as
required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities
Element.
ii
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE:
~.. The purpose of this Section is to set forth the location and ownership of the
ptopeW~, and to describe the existing conditions of the property proposed to be
: developed under the project name of Lely Lakes PUD.
1.2 LEGAL DESCRIPTION:
BEGIN at the Northwest comer of Section 30, Township 50 South, Range 26
East and run N88°22' 12'E along the North line of said Section 30 for 2485.42
feet to the North Quarter Comer of said Section 30; thence continue along the
North line of Section 30 N88°ll'49"E for 1642.88 feet to the intersection
with the Southwesterly right-of-way line of the Tamiami Trail (U.S. 41);
thence run S39°04'28"E along the Southwesterly right-of-way line for 2335.24
feet; thence leaving said right-of-way line run S38°07'48"W for 578.02 feet;
N89°44"I6"W for 352.07 feet; thence run S02°47'25"W for 308.99 feet;
thence run S89°43"04"W for 30.04 feet to the intersection with the East line
of Section 30 and the East Quarter Corner of said Section 30 thence run
S87°13'06NW for 611.38 feet to the Northwest comer of the Northeast quarter
of the Northeast quarter of the Southeast quarter of said Section 30; thence
S02°30'01"W for 652.48 feet to the Southwest comer of the Northeast quarter
of the Northeast quarter of the Southeast quarter of said Section 30; thence run
N86°56'22"E along the South line of the Northeast quarter of the Northeast
quarter of the Southeast quarter for 609.03 feet to the intersection with the
East line of said Section 30; thence run S02°43'54"W along said East line for
1949.26 to the common corner of Sections 30, 31 and 32; thence run
S02°44'44"W along the East line of Section 31 for 2607.63 feet to the East
Quarter Corner; thence continue along said East line S02°48' 12"W for
206.43 feet; thence leaving said Section line run N59°55'24"W for 2041.16
feet to the most Westerly corner of Trail Acres, Unit No. 2, recorded in Plat
Book 4, page 62 of the Public Records of Collier County, Florida; thence run
S39°03'08"E along said Plat Boundary for 1308.84 feet to the intersection
with the Southeasterly right-of-way line of Southwest Boulevard; thence run
N50°56'52"E along the Southeasterly right-of-way for 762.43 feet; thence
leaving said right-of-way run S39°03'08NE for 430.00 feet; thence run
NS0°56'52"E for 200.00 feet to the intersection with the Southwesterly
Bound.a~/. line of Trail Acres, Unit No. 3, recorded in Plat Book 3, page 94 of
the Pubhc Records of Collier County, Florida; thence run S39°03'08"E along
said Plat boundary for 962.76 feet; thence run S87°29'48"E for 1005.60 feet
to the intersection with the East line of Section 32; thence run S02°34' 17"W
along the Section line for 1912.10 feet to the Southeast comer of Section 32,
also being the Northeast corner of Section 5, Township 51 South, Range 26
East; thence run N89°41'56"W along the North line of Section 5 for 1312.93
feet to the Northwest comer of the Northeast quarter of the Northeast quarter
of said Section; thence run S01°I I'07"W along the West line of the Northeast
quarter of the Northeast quarter of Section 5 for 1373.08 feet to the Southwest
comer of the Northeast quarter of the Northeast quarter of Section 5;
I-1
I~OOK 061PAG£
thence run S89°44'41"E along the South line of the Northeast quarter of the
Northeast quarter of said Section for 1312.22 feet to the intersection with the
East line of Section 5; thence run S01 ° 12'56'W along said East Section line
for 2058.06 feet to the Southeast corner of the North half of the Northeast
quarter of the Southeast quarter of Section 5; thence run N89°37'51#W along
the South line of the North half of the Northeast quarter of the Southeast
quarter of said Section fi~r 1311.12 feet to the Southwest corner of the North
half of the Northeast quarter of the Southeast quarter; thence run
S01 °1 l' IY'W for 682.35 feet to the Southeast comer of the Northwest quarter
of the Southeast quarter of Section 5; thence run N89°28' 14"W along the
South line of the Northwest quarter of the Southeast quarter of said Section for
1310.74 feet to the intersection with the North-South quarter line of Section 5;
thence run N01°09'30"E along the said North-South quarter line for 4107.79
feet to the South quarter comer of Section 32; thence run N89°40'59"W along
the South line of said Section for 2626.22 feet to the Southeast corner of
Section 31; thence run N89°4Y00'W along the South line of said Section for
3793.20 feet; thence run N00°I9'54"E for 440.00 feet; thence run
N89°43'00'W for 342.72 feet to the intersection with the original meander
line, re-surveyed by the Bureau of Land Management (BLM) in 1967,
described in OR Book 1143, pages 1325 through 1327 inclusive of the Public
Records of Collier County, Florida; thence run along said meander line for the
next seven (7) courses:
I. NIS°04'54"E 565.40 feet
2. NI4°II'54#E 429.66 feet
3. N22028'54'B 599.28 feet
4. N00°04'54"B 428.34 feet
5. N'21 ° 13'06"W 598.62 feet
6./W39°31'06"W 456.62 feet
7. NSI°46'06"W 382.14 feet
to the intersection with the West line of Section 31; thence run N00°I9'54"E
1516.78 feet to the Southwest comer of Section 30; thence run N00°I9'46"E
along the West line of said Section for 2684.81 feet to the West Quarter comer
of Section 30; thence continue along West line N00°21'IS"E for 2687.34 feet
to the Point of Beginning, subject to easements, restrictions and reservations of
record, containing 1500.26 acres more or less;
Less and except the following described parcel:
COMMENCE at the Northwest corner of Section 30, Township 50 South,
Range 26 East, Collier County, Florida; and run S00°21'18"W along the West
line of said Section 30 for 2687.34 feet to the West Quarter corner of said
Section; thence run N87°13'07"E along the East- West Quarter line for
1958.63 feet to the intersection of the West line of the 110 foot Electrical
Transmission Line easement recorded in O.R. Book 192, page 513 of the
Public Records of Collier County, Florida and the POINT OF BEGINNING;
thence run S01 °49'04"W along West line of said Transmission Line for
667.91 feet; thence run S87°17'50"W for 340.12 feet; thence run
N00°13'12'E for 666.21 feet to the intersection with the East-West quarter
line of said Section 30; thence run N87°13'07"E along the East-West quarter
line for 358.80 feet to the Point of Beginning, subject to easements, restric-
tions and reservations of Record, containing 5.34 acres more or less.
I-2
1.3 PROPERTY OWNERSHIP:
The subject property is currently under the ownership of Lely Development
Corp., Investors Real Estate Southwest Corp., and Commercial Properties
Southwest Corp.
1.4 SHORT TITLE:
This Ordinance shall be known and cited as the 'Lely Lakes Planned Unit
Development Ordinance."
1.5 GENERAL DESCRIPTION OF PROPERTY AREA:
A. The project site is located in Sections 30, 31 and 32, Township 50
South, Range 26 East, and Section 5, Township 51 South, Range 26
East. Furthermore, the subject property is located south of East
Tamiami Trail (U.S. 41), approximately one mile southeast of the
intersection of East Tamiam, Trail and Rattlesnake Hammock Road.
(See Vicinity Map on following page)
B. The zoning classification of the subject property prior to the date of this
approved PUD Document was A, Agriculture and A ST, Agriculture
with a Special Treatment overlay.
1.6 PHYSICAL DESCRIPTION:
The project site is located adjacent and to the souih of East Tamiami Trail
(U.S. 41), approximately one mile southeast of the intersection of East
Tamiami Trail and Rattlesnake Hammock Road. The project site lies in the
'Naples Manor Drainage Basin' of Collier County Water Management District
No. 6., with ultimate surface drainage outfall into Rookery Bay via Sand Hill
Bay. Existing elevations .range from +1.0' to +18' N.G.V.D.
The water management system serving Lely Lakes PUD consists of
approximately 106 acres of lakes and 124 acres of preserve areas which
receive runoff from the residential areas, roads, and natural areas. Runoff is
collected from the roads, commercial areas and residential areas by catch basin
and culvert systems. Runoff from buffer and natural areas is directed over
grassed areas to catch basin and culvert systems for conveyance to the preserve
areas and lake system. The proposed surface water management system will
meet the criterxa of Collier County Ordinance No. 90-10, and the South
Florida Water Management District.
The soils found within the project boundaries include: Basinger fine sand;
Boca fine sand; Boca, Riviera, limestone substratum and Copeland fine sand,
depre~ional; Immokalee fine sand; Jupiter Boca complex; Ochopee fine sandy
loam; Oldsmar fine sand; Oldsmar fine sand, limestone substratum; Paola fine
sand; Pennsucco soil; Chobee, Winder and Oator soils, depressional; Durbin
and Wulfert Mucks; Ft. Drum and Malabar high, fine sand; Hilolo limestone
substratum, Supiter and Margate soils; Holopaw and Okeelanta soils,
depressional; Holopaw fine sand; Holopaw fine sand, limestone substratum;
Pomello fine sand; Satellite fine sand; and Winder, Riviera, limestone
substratum and Chobee soils, depressional. Soil characteristics were derived
from the Soil Survey of Collier County, Florida, issued by the U.S. Soils
Conservation Service in January, 1990.
I-3
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VIC INITY MAP
PR£PARF. D BY: MEANLY, ASH{~R & ASSOCIATE;S, P.A
~.' BASE; MAP SOURCE;: COLLIE;R COUNTY GROWTH PLANNING D£PARTkI£NT N.T.S
'~" 061 '135
':., :.: BOOK PAG[
,.: 1.? PRO~ECT DESCRIPTION:
The Lely Lakes PUD shall be primarily a single family residential
development, with some opportumty for semi-attached two-family housing
units, centered around diverse recreational amenity opportunities. The
amenities proposed to be provided in the project include, but are no.t limit~ to
a 27 hole golf course and related support facilities, structures ~aesignea to
provide social and recreational space, lakes, natural and landscaped open
spaces, and a wide variety of outdoor recreational opportunities. The
development will also contain a small neighborhood commercial center
designed to serve the commercial consumptive demand of the residents of the
project.
Each individual single-family lot or development parcel will be served with
publicly provided utilities, including potable water, sanitary sewer and
electricity. Also, additional services will be provided as deemed appropriate.
Prior to commencement of construction of the residential development, the
agricultural use of the property shall be allowed to continue as provided for in
Sections II, III, V and IX of this document.
SECTION I1
~':"~ - PROJECT DEVELOPMENT
~ 2.1 PURPOSE:
The purpose of this Section is to delineate and generally describe the project
plan of development, the respective land uses of the tracts and development
parcels included in the project, as well as the project criteria for Lely Lakes.
~'/ 2.2 GENERAL:
A. Regulations for development of Lely Lakes PUD shall be in
accordance with the contents of this document, PUD-Planned Unit
Development District and other applicable sections and parts of the
Collier County Land Development Code in effect at the time of
building permit application. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district
in the Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in Collier County Land Development Code in
effect at the time of building permit application.
C. All conditions imposed and all graphic material presented depicting
restrictions for thc development of Lely Lakes PUD shall become part
of the regulations which govern the manner in which the PUD site may
be developed.
D. Unless specifically waived through any variance or waiver provisions
from any other applicable regulations, the provisions of those
regulations not otherwise provided for in this PUD remain in full force
and effect.
E. Development pertnitted by the approval of this petition will be subject
to a concurrency review under the provisions of Division 3.15 of the
Collier County La~d Development Code.
E Interim agricultural land uses shall be permitted to continue prior to
commencement of construction of development on lands used for
agriculture.
O. The golf course and related facilities shall be private, for the exclusive
use of it's members or guests. Daily greens fee play and use of related
facilities shall generally be available until the signing of the seven
hundredth (700th) membership to the Lely Lakes golf club. Thereafter,
daily greens fee play will be limited to property owners, clubmembers,
and their guests, of the development.
2.3 PROJECT PLAN AND LAND USE TRACTS:
' :' A. The project Master Plan, including layout of streets and general
' '" depiction of land use, is iljustrated graphically by Exhibit "A", PUD
Master Plan. The project Tract Map identifies approximate acreage
and land use of the various tracts and development parcels, and is
iljustrated graphically by Exhibit "B", PUD Tract Map. There shall be
land use tracts, plus necessary water management lakes, street
rights-of-way, the §eneral configuration of which is also iljustrated by
Exhibit"A". Minor modification to all tracts, lakes or other
boundaries and acreage may be permitted at the time of Preliminary or
Final Subdivision Plat or Site Development Plan approval, subject to
the provisions of Section 2.7.3.:5 of the Collier County Land
Development Code.
+
TYPE UNITS / S.F. ACREAGE-
TRACT aA" RESIDENTIAL 720 334
'~'' TRACT "B" BUFFER 0 5
i. TRACT "C" COMI~ERCIAL 0 1
..~ TRACT "CR" COMMONS 0 522
~",: TRACT "PR" PASSIVE REC. 0 9
TRACT "NA" NATURAL AREA Q 592
F.P. & L. EASEMENT/
OUTPARCEL 0 32
TOTALS 720 1495
B. Areas iljustrated as lakes by Exhibit "A" shall be constructed lakes or,
'::~' upon approval, parts thereof may be constructed as shallow, dry
depressions for water detention purposes.
C. In addition to the various areas and specific items shown in Exhibit
and Exhibit "B", such easements (utility, private, semi-public, common
use, etc.) will be established within or along the various tracts as
required.
2.4 MAXIMUM PROJECT DENSITY:
A maximum of 720 residential dwelling units may be constructed in the total
project area. The gross project area is approximately 1495 acres. The gross
project density, therefore, will be a maximum of 0.48 units per acre.
II-2
2.5 PROJECT PLAN APPROVAL REQUIREMENTS:
A. Prior to the recording of a Subdivision Plat, and/or Condominium Plat
for all or part of the PUD, final plans or all required improvements
shall receive approval of the appropriate Collier County governmental
agency to insure compliance w,th thc PUD Master Plan, the County
Land Development Code, all applicable elements of the Growth
Management Ph'm and the platting laws of the State of Florida.
B. Exhibit "A", PUD Master Plan, constitutes the required PUD
Development Plan. Subsequent to or concurrent with PUD approval,
a Preliminary Subdivision Plat, if applicable, shall be submitted for the
entire area covered by the PUD Master Plan. Any division of property
and the development of the land shall be in comphance with the County
Land Development Code, and the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land
Development Code, when applicable, shall apply to the development of
all platted tracts, or parcels of land as provided in said Division prior to
the issuance of a building permit or other development order.
D. The development of any tract or parcel approved for residential
development contemplatinl; fee simple ownership of land for each
dwelling unit shall be required to submit and receive approval of a
Preliminary Subdivision Plat in conformance with the reqmrements of
Division 3.2 of the Collier County Land Development Code or prior to
the submittal of construction plans and plat for any portion of the tract
or parcel. Exception to this provision shall be granted if development
proposed for a tract or parcel will comply with the provisions of Sub-
sections 3.2.'7.4 or 3.2.7.5 from Collier County's Land Development
Code.
E. Appropriate instruments will bc provided at thc time of infrastructural
improvements regarding any dedications and method for providing
perpetual maintenance of common facilities.
F. The golf course and related support facilities may be developed prior to
the approval of Subdivision Construction Plans and Plat, subject to
approval of an Early Work Agr~ment by Collier County Development
Services staff and the Board of Count~, Commissioners. Use of these
facilities may not occur until the reqmred plat is recorded, all support
infrastructure is completed, and preliminary acceptance for the
improvements is granted by the Board of County Commissioners.
2.6 GENERAL DESCRIPTION OF RESIDENTIAL DBVELOPMENT:
Areas designated for residential land uses on Exhibit "A" arc designed to
accommodate a full range of single family residential dwelling types and
customary accessory uses.
Approximate acreages of all residential tracts have been indicated on Exhibit
"A", and Exhibit "B", in order to indicate relative size and distribution of thc
residential uses. These acreages are based on conceptual designs and must bc
considered to be approximate. Actual acreages, configu~tions and densities of
development tracts will be provided at the time of development plan approvaJ
in accordance with Section 2.5 of .this PUD Document.
II-3
061,, 139
2.7 GENERAL DESCRIPTION OF COMMERCIAL DEVELOPMENT:
Areas designated for neighborhood commercial land uses on Exhibit 'A' and
Exhibit "B" are designed to accommodate a full range of commercial land use
opportunities and customary accessory uses.
Approximate acreage of the neighborhood commercial tract has been indicated
on Exhibit "A', and Exhibit "B", in order to indicate relative size and location
of the commercial use. This acreage is based on conceptual designs and must
be considered to be approximate. Actual acreage and configuration of the
development tract will be provided at the time of development plan approval in
accordance with Section 2.5 of this PUD Document.
2.8 DEDICATION AND MAINTENANCE OF COMMON FACILITIES:
Easements shall be provided for water management areas, rights-of-way,
utilities and other purposes as required. All necessary easements, dedications,
or other instruments shall be granted to insure the continued operation and
maintenance of all service utilities in compliance with applicable regulations in
effect at the time of adoption of this Ordinance establishing the Lely Lakes
PUD.
A property owners organization shall be created and shall be assigned
responsibility for operation, maintenance and management of all commonly
owned lands, facilities and waters within the project.
2.9 MODEL HOMES:
Model homes, and model home sales centers shall be permitted as provided for
in Sub-section 2.6.33.5 from Collier County's Land Development Code.
· . 061 140
II4
SECTION !I1
RESIDENTIAL DEVELOPMENT
~'~ · 3.1 PURPOSE:
The purpose of this Section is to identify specific development standards for
axe~s proposed to be developed with residential land us.es. This Section will
set forth three development criteria which establish the means to improve
msideatially designated lands with all of the various forms of single family and
two-family product~.
3.2 MAXIMUM DWELLING UNITS:
The maximum number of residential dwelling units allowed within the PUD
shall be established at the time of development plan review, but shall not
exceed 720 dwelling units.
3.3 USES PERMITTED:
The type of principal use that characterizes the initial development of any
platted tract shall be carried throughout the development of that entire tract.
No building or structure, or part thereof, shall be altered or used, or land
used, in whole of part, for other than the following:
A. Principal Uses:
1) Single family housing.
2) Two family and duplex housing.
3) Model Homes (See Section 2.9 of this PUD document).
4) Cjuster Development, subject to the cjuster development
requirements contained in Collier County's Land Development
Code in effect at the time of Site Development Plan approval.
The open space attendant to the application of cjuster housing is
deemed satisfied by virtue of the open space provided over the
entirety of the PUD.
5) Interim agricultural land uses prior to commencement of
construction of development on lands used for agriculture.
B. Accessory Uses:
I) Customary accessory uses and structures including but not
limited to private garages, tennis facilities and swimming pools
with or without screened enclosures.
2) Utility facilities and, or easements (including rights-of-way
easements).
IIl-I
,00
':" 3) Signage.
: 4) Project sales and administrative offices, which may occur in
'i: ' residential or recreational buildings.
5) Water management facilities/lakes.
6) Development excavations as provided for by Collier County's
excavation regulations (Collier County Land Development
Code, Division 3.5). All lakes greater than two (2) acres may
be excavated to the maximum commercial excavation depths set
forth in Section 3.:5.7.3.1, however, removal of fill from Lely
Lakes shall be limited in an amount up to 10% (to a maximum
of 20,000 cubic yards), unless a commercial excavation permit
is received.
3.4 DEVELOPMENT STANDARDS:
A. GENERAL: At the time of application to Collier County for
residential development orders, the applicant(s) shall
identify which residential development standards set
forth herein shall be conformed with. Except where
noted, all criteria listed below shall be understood to be
in relation to individual parcel or lot boundary lines or
between buildings. Setback/yard requirements set forth
below shall not apply to interior phase boundaries nor
interior condominium/homeowner's association(s)
boundaries.
B. DEFINITIONS:
SF-I: Typical, large lot detached single family development.
SF-2: Detached/semi-attached alternative single/two-family
development.
SF-3: Cjuster housing. (See Section 3.5 of this document).
C. MINIMUM LOT OR PARCEL AREA:
1) SF-I: 6,000 square feet per lot.
2) SF-2:4,000 square feet p. er lot; or 4,000 square feet per
dwelling unit for a two-famdy structure.
,...:,
11I-2
D. MINIMUM LOT/PARCEL WIDTH:
i"~ 1) SF~I:
a) Comer Lots: Seventy (?0') feet.
b) Interior Lots: Sixty (60') feet.
2) SF-2: Forly (40') feet per lot.
E, MINIMUM YARD REQUIREMENTS:
1) SF-h
Front yard: Twenty-five (2§') feet.
Side yard: Seven and one half(7.5') feet.
Rear yard: Twenty (20') feet.
Accessory use/structure front yard: Same as principal structure.
Accessory use/structure side yard: Same as principal structure.
Accessory structures which are attached to the principal
structure may have the same side yard setback as for principal
structures.
Accessory use/structure rear yard: Ten (10') feet*.
2) SF-2:
Front yard: Twenty (20') feet.
Side yard: Zero to five (0-5') feet, on the zero lot line side; a
roof overhang not to exceed thirty (30') inches shall be allowed,
subject to the recording of a three (3') foot easement.
Rear yard: Fifteen 05') feet.
Accessory use/structure front yard: Same as principal structure.
Accessory (detached) use/structure, side and rear* yard: Five
(5') feet.
Accessory (attached) use/structure, side and rear* yard: Same
as principal structure. Accessory structures which are attached
to the principal structure may have the same side yard setback
as for principal structures.
Minimum distance between structures on different lots or
parcels: Ten (10') feet.
* - Rear Yard: A parcel or lot boundary which abuts a golf course or natural
area identified for preservation: zero (0) feet, provided buffering required by
South Florida Water Management District is accommodated. Where a lot or
parcel abuts a lake: zero (0') feet may be allowed provided approval is
obtained from Project Plan Review at the time of subdivision Construction
Plans submittal.
F. MINIMUM FLOOR AREA (SF-I and SF-2):
1) One story structures: One Thousand (1000) square feet..
2) Two story structures: One Thousand Two Hundred (1,200)
square feet.
III-3'
G. OFF-STREET PARKING AND LOADING REQUIREMENTS:
As required by Collier County Land Development Code in effect at thc
time of building permit application.
H. MAXIMUM HEIGHT:
:.~ 1) All principal structures: Thirty-five (35') feet from finished
:~ floor elevation.
2) Accessory Structure: Fifteen (15') feet, except pool enclosures
which may be twenty-five (25') feet.
I. LANDSCAPING:
Landscaping shall be in accordance with Collier County's landscaping
requirements in effect at the time of building permit application.
3.5 CjustER DEVELOPMENT:
Cjuster development (SF-3), may be developed on any residentially designated
lands in the Lely Lakes PUD subject to the provisions of Sub-section 2.:5 C. of
this document. Cjuster development standards shall be as set forth in Collier
County's Land Development Code in effect at the time of Site Development
Plan approval(s). The open space attendant to the application of cjuster-
housing is deemed satisfied by virtue of the open space provided over the
entirety of the PUD.
A. GENERAL APPLICATION OF SETBACKS: Front yard setbacks
shall comply with the following:
1) If the parcel is served by a public or private right-of-way,
setback is measured from the adjacent right-of-way line.
2) If the parcel is served by a non-platted private drive, setback is
measured from the back of curb or edge of pavement.
3) If the parcel is served by a platted drive, setback is measured
from the road easement or property line.
4) When principal buildings front upon a common parking area,
which in turn fronts upon a pubhc or private right-of-way or
non-platted drive, a minimum distance of ten (10') feet shall
separate the principal building and any related parking facility,
and a green belt often feet shall separate said right-of-way, or
other non-platted private drive from the common parking area.
This provtsion shall not prohibit the attachment of enclosed
parking structures to the principal residential structure.
061 'I44
III-4
'~ 3.6 MAID/GUEST QUARTERS:
i. i' Maid/guest quarters, with secondary kitchen facilities (ie: kitchenette), shall be
permitted for SF-I, SF-2, and SF-3 development, subject to the following
'~' restrictions, which shall be recorded as deed restrictions:
A. A dwelling unit containing less than two thousand five hundred (2,500)
square feet of livin{{ area shall be limited to one (1) primary kitchen. A
dwelling unit containing two thousand five hundred (2,500) square feet
of living area, or greater, may have a second primary kitchen provided
all rooms are internally accessible.
B. Maid/guest quarters shall only be occupied by the property owner,
domestic employee of the property owner, or guest(s) of the property
owner.
C. Maid/guest quarters are not a separate dwelling unit, and therefore may
not be sold, leased or rented, nor may any legal interest be transferred
or conveyed in any way so as to separate said quarters from the
. residential unit.
RESIDENTIAL DEVELOPMENT STANDARDS
TABLE I
~. DEVELOPMENT
· 7~'~ STANDARDS SF-1 SF-2
MINIMUM LOT/ 6,000 SF .4,000 SF
PARCEL AREA PER LOT PER LOT
MINIMUM LOT 70'CORNER 40 FEET
WIDTH 60 ' INT. PER LOT
:.:~ FRONT YARD 25 FEET 20 FEET
REQUIREMENT
~,.:.. SIDE YARD 7.5 FEET 0-5 FEET
:. REQUIREMENT
REAR YARD 20 FEET 15 FEET
'~' REQUIREMENT
.: .~ ACCESSORY
% FRONT 25 FEET 20 FEET
SIDE 7.5 FEET *0-5 FEET
REAR *.10 FEET **5 FEET
MINIMUM 1,000 SF i S~ORY
FLOOR AREA 1,200 SF 2 STORY
~ DIST. BETWN. 15 FEET 5-10 FEET
PRINC. STR. See 3.4.E.2)
MAX. BLDG. 35' PRIN. 35' PRIN.
:. HEIGHT **'15' ACC. **'15' ACC.
NOTES:Cjuster housing (SF-3), development standards are set forth in Section 3.5.
· Accessory structures which are structurally integrated with thc principal structure may
have the same side yard setback as for ptineipal structures.
· *Where a lot or parcel abuts a golf course: zero (0) feet. Where a lot or parcel abuts
a natural area identified for preservation: zero (0) feet, provided buffeting required by
South Florida Water Management District is accommodated. Where a lot or parcel
abuts a lake: zero (0) feet may be allowed provided approval is obtained from Project
Plan Review at the time of subdivision Construction Plans submittal.
· ** Pool enclosures may be twenty-five (25') feet in height.
O SF-2:4,000 square feet per lot; or 4,000 square fcct per dwelling unit for a two-family
structure.
III-6.
SECTION IV
COMMERCIAL DEVELOPMENT
i~' 4.1 PURPOSE:
The purpose of this Section is to identify specific development standards for
the area proposed to be develop, ed with netghborhood commercial land uses
(Tract "C"), as depicted on Exhibit "B", PUD Tract Map. In accordance with
the Future Land Use Element of Collier County's Comprehensive Plan, no
construction in the commercial designated area shall be allowed until 50% of
the Building Permits for the development are issued, unless otherwise
authorized by the Board of County Coz: missioners.
4.2 USES PERMFFI'ED:
No building or structure, or part thereof, shall be altered or used, or land
used, in whole of part, for other than the following uses, as identified in the
Standard Industrial Classification Manual, or as otherwise provided for in this
document.
;.
~'~' A. Principal Uae. a:
~.. 1) Accounting, Auditing and Bookkeeping Services (8721)
2) Apparel and Accessory Stores (groups 5611-5699)
3) Business Services (groups 7384, 7334, 7372 and 7389)
4) Child Day Care Services (8351)
5) Drug Stores and Proprietary Stores (5912)
6) Eating Places (5812 except contract feeding, food service
(institutional), industrial feeding)
7) Food Stores (groups 5411 convenience food stores, with or
without gas pumps, only, 5431 and 5441 except confectionery
produced for direct sale on the premises, 5461)
8) Miscellaneous Retail (groups 5912, 5942, 5992-5994)
9) Personal Services (groups 7215, 7231-7241, 7291) :
I0) Video Tape Rental (7841)
11) Retail sales from non-motorized mobile facilities (ie: kiosks).
12) Cjustered Neighborhood Commercial Development (See Section
: 4.5).
13) Any other commercial use which is comparable in nature with
the foregoing uses.
IV-I
B. Accessory Uses:
i',:-' 1) Uses and structures that arc necessary and incidental to the
aforementioned Principal Uses.
2) Utility facilities and, or easements (including rights-of-way
?,,. easements).
:ilil,. ~ 3) Signage.
4) Water management facilities/lakes.
4.4 DEVELOPMENT STANDARDS:
A. GENERAL: Except where noted, all criteria listed below shall be
understood to be in relation to individual parcel
boundary lines or between buildings. Retail sales from
non-motorized mobile facilities (ie: kiosks), are exempt
from this Section's development standards, but shall be
located and operated within the boundaries of the
commercial development tract.
B. MINIMUM PARCEL AREA: Seven thousand five hundred (7,500)
square feet.
C. MINIMUM LOT/PARCEL WIDTH: Seventy-five (75') feet.
D.MINIMUM YARD REQUIREMENTS:
1) Front yard: Twenty-five (25') feet.
2) Side yard: Zero (0), or fifteen (1:5') feet.
3) Rear yard: Fifteen (15') feet.
4) Any yard abutting a residential parcel: Twenty-five (25') feet.
5) Minimum distance between structures: Zero (0), or fifteen (15')
feet.
6) Accessory structure: Same as principal structure.
E. MINIMUM FLOOR AREA: Five hundred (500) square feet.
E OFF-STREET PARKING AND LOADING REQUIREMENTS:
As required by Collier County's Land Development Code in effect at
the time of building permit application.
IV-2
(3. MAXIMUM HEIGHT:
~:! 1) Principal Structures: Thirty-five (35') feet.
,:! 2) Accessory Structures: Fifteen (15') feet.
::~ H. LANDSCAPING AND BUFFERING:
Unless otherwise specified in this Section, landscaping shall be in
accordance with Collier County's landscaping requirements in effect at
the time of building permit application.
All commercial areas shall be buffered from abutting non-commercial
lands with a five ($) foot wide area generally parallel to the entire
length of abutting property. Said buffer shall have vegetative hedge
plant material and, or fencing/wall (not to exceed six (6) feet), to
achieve an 80% opaque condition, thirty-six (36) inches in height, one
(1) year after installation. Existing native plant assemblages, on or off-
site, shall be permitted to satisfy this requirement. It is not mandatory
that the buffer yea be installed to abut parcel boundaries.
I. REQUIRED LANDSCAPING ADJACENT TO VEHICULAR
RIGHTS-OF-WAY:
Landscaping adjacent to vehicular rights-of-way shall be in accordance
with Collier County's Land Development Code in effect at the time of
building permit application.
J. REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING:
Interior landscaping pertaining to vehicular use areas shall be in
accordance with Collier County's Land Development Code in effect at
the time of building permit application.
K. VEHICULAR OVERHANG OF LANDSCAPED AREAS:
The front of a vehicle may overhang any landscaped area a maximum
of two (2) feet, provided the landscaped area is protected by motor
vehicle wheel stops or curbing. Two (2) feet of such landscaped area
or walkway may be part of the required depth of each abutting parking
space.
L. SIGNS: As permitted by Collier County's sign regulations in effect at
the time of building permit application.
M. LIGHTING: Lighting shall be located so that no light is aimed directly
toward a property designated residential, if lighting is located within
two hundred (200') feet of residential property. Lighting shall be
installed so that no light glares onto adjacent rights-of-way.
4.5 CjustERFD COMMERCIAL DEVELOPMENT:
Modification to the development st~mdards provided for in Section 4.4 of this
document may be approved by Collier County's Development Services
Director, or his designee, as a function of approval of a Site Development Plan
pursuant to the provtsions of Section 2.5 of this document, and Division 3.3 of
the Collier County Land Development Code. Cjustered commercial projects
maintaining a common architectural theme and providing ali of the information
set forth in this Section, shall then be able to utilize the development standards
as provided for in Subsection 4.6 of this document. A project shall have a
common architectural theme provided all of the following are evidenced in the
Site Development Plan application:
A. The architectural style of all of the structures shall be similar in design
and in the use of materials and color;
B. The commercial project shall have a signature entranceway that serves
to identify the entryway to a unified plan of development. The
entranceway design and improvement elements shall include some or
all of the following: the use of landscape materials, gated structure,
water features, sculpture, and ornamental pavement surfaces;
C. A landscape theme throughout the entire project that enhances the
unified appearance of the project;
D. Street materials, signage and lighting shall be complementary and the
same throughout the project's accessways.
4.6 CjustERED COMMERCIAL DEVELOPMENT STANDARDS:
A. Any site development plan submitted to Collier County for a cjustered
neighborhood commercial project shall adhere to the general
development intent depicted in Figures 4-1 and 4-2.
B. Overall site design shall be harmonious in terms of landscaping,
enclosure of structures, location of access streets and parking areas,
and location of buffer areas.
C. All buildings shall be setback a minimum of fifteen (15') feet from all
parcel boundaries.
D. Structures adjacent to one another shall be separated a minimum of ten
(10') feet, or one half the sum of the building heights, which ever is
greater.
E. Minimum Off-Street Parking And Loading: One (1) space for each
one hundred seventy-five (175) square feet of gross leasable floor area,
and one (1) space for each five hundred (500) square feet of storage
area not accessible to the general public. Handicapped parking shall be
in accordance with Collier County's requirement at the time of site
development plan approval.
IV-4
~:~ F. Landscaping and Buffering:
.': Unless otherwise specified in this Section, landscaping shall be in
accordance with Collier County's landscaping requirements in effect at
the time of building permit application.
All commercial areas shall be buffered from abutting non-commercial
lands with a five (5) foot wide area generally parallel to the entire
length of abutting property. Said buffer shall have vegetative hedge
plant material and, or fencing/wall (not to exceed six (6) feet), to
achieve an 80% opaque condition, thirty-six (:36) inches in height, one
(1) year after installation. Existing native plant assemblages, on or off-
site, shall be permitted to satisfy this reqmrement. It is not mandatory
that the buffer area be installed to abut parcel boundaries.
G. Required Landscaping Adjacent To Vehicular
Rights-Of-Way:
Landscaping adjacent to vehicular rights-of-way shall be in accordance
with Collier County's Land Development Code in effect at the time of
building permit application.
H. Required Vehicular Use Area Interior Landscaping:
Interior landscapinl~ pertaining to vehicular use areas shall be in
accordance with Colher County's Land Development Code in effect at
the time of building permit application.
I. Vehicular Overhang Of Landscaped Areas:
The front of a vehicle may overhang any landscaped area a maximum
of two (2) feet, provided the landscaped area is protected by motor
vehicle wheel stops or curbing. 'Two (2) feet of such landscaped area
or walkway may be part of the required depth of each abutting parking
space.
S. igns: As permitted by Collier County's sign regulations in effect at
me time of building permit application.
K. Lighting: Lighting shall be located so that no light is aimed directly
toward a property designated residential, if lighting is located within
!wo .h.u.ndred. (200') .feet. of residential property. Lighting shall be
~nstallecl so that no light glares onto adjacent rights-of-way.
~ ' IV-5
CjustERED NEIGHBORHOOD COM]~ERC[AL
SKETCH
FIGURE 4- !
0
000
CjustERED NEIGHBORHOOD. CO~{]~ERCIAL
CONCEPTUAL DESIGN
FIGURE 4-2
8,00K
IV-6
· SECTION v
~'" COMMONS/RECREATION AREA
$. 1 PURPOSE:
..... · -...,..~ ..- ..~ ..... . ....
13:! . ~,:,- The purpose of this S~ction is to set forth the development plan and
"'"' .,, development standards for the areas designated as Tract CR,
...... Commons/Recreation Area on Exhibit "B". The primary function and purpose
-,~..~. 'of this Tract will be to provide access and aesthetically pleasing open areas,
passive/active recreational areas,, and use areas intended to satisfy the
.- ..... .-:-_ resident.basic:needs for a quality, recreational opportunity. Any recreational,
social, administrati4e or maintenance facility which may be indicated on the
PUD Master Plan, Exhibit "A", shall be considered conceptual, and the
~nlacement of such facilities within a "CR" Tract designation, as may be
dicated on the PUD Master Plan shall be considered non-binding. Except in
areas to be used for water impoundment, and principal or accessory use areas,
all natural trees and other vegetation, as practicable, shall be protected and
5.2 USES PERMITTED:
'.'":':,~ ....... '--'-----'lqo b~ilaing '6r-~"tru~:'tu~'~'oi· ~ tfiere0f, shall be eree'~ed, aliet-~d 'or u~d, '~r .........
.! land used, in whole or in part, for other than the following:
A. Principal Uses:
1) Utility, water management'and fights-of-way/access easements*.
2) Golf courses and golf cart paths.
3) Tennis facilities.
~' 4) Lake recreation facilities.
: 5) Equestrian facilities.
6) Structures which house social, recreational, project sales,
administrative, or security facilities.
'7) Lakes/water management facilities.
8) Signage.
9) Open Spaces I Nature Preserves.
I0) Pedestrian and bicycle paths, or other similar facilities
constructed for purposes of access to, or passage through the
commons areas.
11) Small docks, piers or other such facilities constructed for
purposes of lake recreation for residents of the project.
~.:'-', 12) Shuffleboard courts, swimming pools, and other types of
facilities intended for outdoor recreation.
13) Development excavations as provided for by Collier County's
excavation regulations (Collier County Land Development
Code, Division 3.5). Ali lakes greater than two (2) acres may
be excavated to the maximum commercial excavation depths set
forth in Section 3.5.7.3.1, however, removal of fill from Lely
Lakes shall be limited in an amount up to 10% (to a maximum
of 20,000 cubic yards), unless a commercial excavation permit
is received.
14) Interim agricultural land uses.
* Although utility, water management and rights-of-way/access
easements are not, by definition, principal uses, they shall function as
such for the purposes of this subdistrict (C.R.).
B. Accessory Uses:
7.. 1) Clubhouse, pro-shop, practice driving range and other
customary accessory uses of golf courses.
2) Small establishments, including golf ecjuipment sales and
rentals, restaurants, cocktail lounges, and s~milar uses, intended
to serve members of the golf course or other permitted
recreational facilities.
3) Customary accessory uses or structures incidental to
recreational areas and, or facilities, including structures
constructed for purposes of maintenance, storage, recreation or
shelter with appropriate screening and landscaping.
4) One (I) caretaker's residence.
5) Accessory, incidental and subordinate commercial activities
such as but not limited to those provided herein shall clearly be
of such scope, size and proposed intensity that they are
sustainabh: only by the membership of the golf course and
clubhouse. A financial analysis showing the relationship
between thc planned size of commercial activities and the ability "
of the potential membership to sustain those facilities may be
requested when it is unclear that said proposed commercial
activities can be clearly supported on the basis of the
subordinate and accessory relationship.
5.3 DEVELOPMENT REGULATIONS:
A. Overall site design shall be harmonious in terms of landscaping,
enclosure of structures, location of access streets and parking areas,
and location of buffer areas.
B. All buildings, accessory facilities and equipment shall be setback a
minimum of fifty (50') feet from all platted residential lots/parcels, or
project boundaries and fifteen (15') feet from all other parcel
boundaries.
C. Structures adjacent to one another shall be separated a minimum of ten
( 0 ) feet, or one half the sum of the budding heights, which ever ~s
greater.
D. Lighting facilities shall be arranged in a manner which will protect
roadways and neighl~oring properties from direct glare, or other
interference.
E. A Site Development Plan shall be required in compliance with Division
3.3 of Collier County's Land Development Code.
F. Maximum Str~cture Height: Fifty (50') feet.
G. Minimum Off-Street Parking And Loading:
1) Private Golf Course: Four (4) spaces per hole. Additionally,
one (1) space per 200 square feet shall be provided for office
/lobby/pro-shop/health club/clubhouse/lounge/snack bar/
dining/meeting room areas. In addition, 50% of normal
requirements for exterior recreation uses including: swimming
pools, golf driving range and tennis courts shall be l~rovided.
Golf cart, golf bag and equipment storage rooms; maintenance
buildings; and rooms for mechanical equipment shall be
computed at one (1) space per 1,000 square feet.
2) Recreation (non-golf course)/Administrative Areas: As required
by Collier County's Land Development Code in effect at the
time of building permit application.
3) Loading Areas: As required
by
Collier
County's
Land
Development Code in effect at ttie
time of building permit
application.
H. LANDSCAPING AND BUFFERING:
Unless otherwise specified in this Section, landscaping shall be in
accordance with Collier County's landscaping requirements in effect at
the time of building permit application.
Existing native plant assemblages shall be permitted to satisfy this
requirement. It is not mandatory that the buffer area be installed to
abut parcel boundaries.
I. REQUIRED LANDSCAPING ADJACENT TO VEHICULAR
RIGHTS-OF-WAY:
Landscaping adjacent to vehicular rights-of-way shall be in accordance
with Collier County's Land Development Code in effect at the time of
building permit application.
$. REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING:
Interior landscapin~ pertaining to vehicular use areas shall be in
accordance with Colher County's Land Development Code in effect at
the time of building permit application.
K. VEHICULAR OVERHANG OF LANDSCAPED AREAS:
The front of a vehicle may overhang any landscaped area a maximum
of two (2) feet, provided the landscaped area is protected by motor
vehicle wheel slops or curbing. Two (2) feet of such landscaped area
or walkway may be part of the required depth of each abutting parking
space.
L. SIGNS: As permitted by Collier County's sign regulations in effect at
the time of building permit application.
M. LIGHTING: Lighting shall be located so that no light is aimed directly
toward a property designated residential, if lighting is located within
two hundred (200') feet of residential property. Lighting shall be
installed so that no light glares onto adjacent rights, of-way.
N. PRIMARY RECREATION FACILITY(lES) CARETAKER'S
RESIDENCE:
One (I) caretaker's residence shall be permitted for the primary golf
recreation facility, subject to the following:
1) The reside;nee shall be constructed as an integral part of the
main clubhouse facility and shall be entered from within the
clubhouse facility. Exit~i requirc, d to comply with fire codes
shall be permitted.
2) The caretaker's residence shall be an accessory use and shall be
for the exclusive use of the property owner, tenant, or
designated employee operating or maintaining the recreation use
and, or it's facilities.
3) Off-street parking shall be as for a single family residence in
accordance with Collier County.'s parking requirements in effect
at the time of building permit application. Parking for the
caretaker's residence shall be in addition to any other required
parking facilities.
V-4
SECTION VI
PASSIVE RECREATION AREA
<:~ ,. 6.1 PURPOSE:
The purpose of this Section is to set forth the development plan for the areas
designated as Tract 'PR", Passive Recreation Area on Exhibit "B". The
primary purpose of this Tract is to accommodate a full range of conservation
and limited passive rccreat!o~n and water management uses and functions. The
objective of this designated use area is to delineate the passive recreational
uses and provide an open space and passive recreational amenity for the
enjoyment of Lely Lakes residents, while minimizing impacts to the wetlands
areas and accommodating retention of some of the xeric scrub habitat.
6.2 PERMITTED USES/STRUCTURES:
No structure, or part thereof, shall be erected, altered, or used, or land or
water used in whole or in part, other than the following:
A. Passive recreation,d areas, boardwalks, recreational shelters and self-
contained restroom facilities, picnic facilities and other similar
uses and functions.
B. Biking, hiking, nature and equestrian trails, to be constructed so as to
maintain a pervious surface.
C. Boating for non-motorized water craft and water craft with electric
motors only; including launching facilities.
D. Water management facilities and structures to accommodate the
drainage from the accessway parking, and passive recreational facilities
to be the minimum permittable by South Florida Water Management
District.
E. Mitigation. areas, as approved and permitted by State and Federal
permitting agencies.
F. Limited vehicular accessway and parking subject to the Development
Standards set forth in Subsection 6.3 of this document.
G. An), other conservation and related open space/passive recreational
activity or use which is comparable in nature with the foregoing uses
and which is determined to be compatible in the Passive Recreation
Area.
VI-k
DEVELOPMENT STANDARDS:
A. The vehicular accessway and parking within the Passive Recreation
Area shall be subject to the following standards:
I) The accessway shall not be considered a road or right-of-way,
as set forth in the Collier County Land Development Code, but
rather is to be considered a private vehicular access for the
residents of Lely Lakes. Collier County Staff shall also have
access for enforcement/monitoring purposes of the surrounding
natural areas.
2) The accessway shall be limited to one-lane where it crosses
viable naturally functioning wetlands, and shall be widened, or
provide pull-offs, in the upland areas to allow for two-way
traffic.
3) Parking for boating activities, and other passive recreational
activities, shall be on pervious surfaces such as mulch or grass.
4) The accessway cross-section shall be elevated where it crosses
jurisdictional wetlands as required by Federal or State
permitting agencies.
5) The accessway shall be designed and constructed so as to
minimize it's impacts on the jurisdictional wetlands, consistent
with providing limited access.
B. The Passive Recreation Area shall be subject to a separate Site
Development Plan review process because of it's unique nature, and
that the accessway and associated parking .shall not be required to meet
I.,and Development Code regulations gove_rning roads, fights-of-way, or
parking. The following dimensional standards shall also apply:
I) Minimum lot or parcel area - none required.
2) Minimum distance between shelters and other structures -
Fifteen (115') feet.
3) Maximum height of shelters and other structures - Fifteen (115')
feet.
4) Minimum floor area - none required.
C. Standards for parking, landscaping and other land uses where such
standards are not specified herein shall not be in accordance with the
Collier County I.;md Development Code; in it's place, stead standards
shall be determined during the Site Development Plan process, which
minimize impacts on wetlands, xeric scrub areas, and the need for
water management facilities.
VI-2.
6.4 PASSIVE RECREATION AREA CONSERVATION EASEMENT AND
DEED RESTRICTIONS
A. A non-exclusive conservation easement or tract, as required by Collier
County Land Dov¢lopment Code Subsection 3.2.8.4."/.3 shall be
convoyed for those properti~ in the Passive Recreation Area that are to
be mmntained as wetlands or xeric scrub proserves. Tho conservation
easement or platted tract shall be subject to the conditions and criteria
for such areas as set forth in S~ction 9, of this document.
The Petitioner shall record covenants, conditions and restrictions for
the Passive Recreation Area. Said covenants, conditions and
restrictions shall include, but not bo limited to, restrictions which
perpetually limit the utilization of the Passive Recreation Area as set
forth herein, prohibit tho expansion of thc accessway or the use of thc
recreational facilities, for the launching of motorized water craft,
except as specifically set forth herein.
Vl-3:
· SECTION VII
~ NATURAL AREA
~ :: 7.1 PURPOSE:
Thc purpose of this Section is to set forth the development plan for the areas
d~ignated ~ Tract 'NA', Natural ^rea on Exhibit 'B'. The primary function
and purpo,~ of this Tract will bo to pre. rye and protect native flora and fauna
in it's natural state.
7.2 USES PERMITTED:
l~levated boardwalks or golf cart paths, and drainage faciliti~, and or drainage
access as may be required by the Collier County Water Management
Department, may bo constructed in the vaxious natural areas for the purpose of
movement between I~olf play areas, enjoyment of the natural amenities by the
residents of the project, and for drainage, subject to receipt of appropriate
SECTION Vlll
BUFFER AREA
',~: 8.1 PURPOSE:
. The purpose of thc Section is to set forth the development ~l,a.n for the areas
.' designated ns Tract "B", Buffer Area on Exhibit "B'. Tract B , Buffer Area,
is an easement intended to protect project land uses from possible impacts
from adjacent land uses. Tract 'B', Buffer Area shall not be construed to be a
pical tract which must be platted, although it may. The developer reserves
¢ right to include perimeter land use buffer areas in residential acreages.
Although no structures other than those set forth in this Section may be located
within buffer easements, buffer easements are permitted to be included in yard
requirements set forth elsewhere in this document.
8.2 USES PERMITTED:
No 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:
I) Landscaped buffer; existing native vegetated areas may be
utilized and, or;
2) Earthen beams and, or;
~'~' 3) Fences/walls: Nine (~') feet maximum height.
:~"' 4) Signage.
'- B. Accessory Uses:
· 1) Water, sewer and drainage facilities as may be approved by the
'!,;ii: .. Final Construction Plan.
8.3 DEVELOPMENT REGULATIONS:
Land use buffering standards applied to the Lely Lakes P.U.D. shall be
derived from Collier Country's Land Development Code based upon the land
uses existing on lands off-site at the time of development order applications.
The developer reserves the right to exceed the buffering standards prescribed
by the Land Development Code.
VIII-I
~i;, . SECTION IX
9. I PURPOSE:
~..' The purpose of this Section is to set forth the development commitments for
' ' ' the development of the project.
9.2 GENERAL:
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans, and all applicable State and local
laws, codes and regulations applicable to this PUD in effect at the time of
Building Permit application(s). Except where specifically noted or stated
otherwise, the standards and specifications of the official County Land
Development Code shall apply to this project even if the land within the PUD
is not to be platted. The Developer, his successor and assigns shall be
responsible for the commitments outlined in this document.
The Developer, his successor or assignee shall agree to develop in accordance
with Exhibit "A", PUD Master Plan, and the regulations of the PUD as
adopted, and any other ~onditions or modifications as may be agreed to in the
rezoning of the property. In addition, the Developer will agree to convey to
any successor or asslg' nee in title, any commitments within this agreement.
9.3 PUD MASTER PLAN:
A. Exhibit "A", PUD Master Plan iljustrates the proposed development
and is conceptual in nature. Proposed tract, lot or land use boundaries
shall not be construed to be final and may be varied at any subsequent
phase as may be approved at the time of final platting or site
development plan application as provided by Sub-section 2.7.3.:5.6 of
the County's Land Development Code. Subject to the provisions of
Sub-section 2.7.3.5 of the County's Land Development Code,
amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
9.4 SCHEDULE OF DEVELOPMENT:
A development plan shall be submitted, where required, for any phase of
development.
The Developer will obtain approval for improvement ]plans or a development
order for infrastructure improvements to include utihties, roads and similar
improvements required by the approved PUD Master Plan for at least fifteen
(15%) percent of the gross land area of the PUD site within five (5) years of
the date of approval by the Board of County Commissioners, subject to the
provisions of Section 9.5, below. The Developer reserves the right to develop
portions of the project, non-sequential development of portions of the project,
or the entire I~roject, as market demands change. Platting of the entire PUD
will be required. Phases of development may include construction of
residential, social or recreational facilities/structures, roadway or lake
construction.
Agricultural uses may continue on all or part of the project site until
construction of the development removes all agricultural use opportunities.
9.5 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL:
Sub-section 2.'7.3.4 of Collier County's Land Development Code shall be
applicable to the Lely Lakes PUD Master Plan upon the effective date of this
PUD Ordinance.
,': 9.6 ENGINEERING:
A. This project shall be r~tuired to meet all County Ordinances in effect at
., the time final construction documents are submitted for development
i;~ approval.
9.7 SUBSTITUTIONS TO DId. SIGN STANDARDS OF THE SUBDIVISION
RF.,GULATIONS: Note: The Developer reserves the right to request
additional substitutions (exceptions), to the design standards of the
subdivision regulations during Preliminary Subdivision Plat review.
A. Subsection 3.2.8.4.16.6; Dead End Streets: Cul-de-sacs in excess
of one thousand (1000') feet shall be permitted.
9.8 UTILITIES:
..,. A. Water distribution, sewage collection and transmission and interim
.. water and/or sewage treatment facilities to serve the proiect are to be
designed, constructed, conveyed, owned and maintained ~n accordance
with Collier County Ordinance No. 88-76, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage
collection facilities to be constructed will be customers of the County
and will be billed by the County in accordance with the County's
established rates.
tx-2
061
~).. C. The on-site water distribution system to serve the project must be
connected to the District's water main consistent with the main sizing
requirements specified in the County's Water Master Plan and extended
throughout the project. During design of these facilities, the following
features shall be incorporated into the distribution system:
1) Dead end mains shall be eliminated by looping the internal
pipeline network, or providing flushing hydrants.
2) Stubs for future system interconnection with adjacent properties
shall be provided at locations to be mutually agreed to by the
County and the Developer during the design phase of the project.
D. The utility construction documents for the project's sewerage system
shall be prepared so that all sewage flowing to the County's master
pump station is transmitted by one (1) or two (2) main on-site pump
stations. Due to the design and configuration of the master pump
station, flow by gravity into the station will not be possible. The
Developer's engineer shall meet with County staff prior to commencing
preparation of construction drawings, so that all aspects of the
sewerage system design can be coordinated with the County's sewer
master plan.
E. The existing off-site water facilities of the District must be evaluated
for hydraulic capacity to serve this project and reinforced as required,
if n~, consistent with the County's Water Master Plan to ensure
that the Dmriet's water system can hydraulically provide a sufficient
quantity of water to meet the anticipated demands of the project and the
District's existing committed capacity.
E The existing off-site sewage transmission facilities of the District must
be evaluated for hydraulic capacity to serve this project and improved
as required outside the project's boundary to provide adequate capacity
to transport the additional wastewater generated without adverse impact
to the existing transmission facilities.
G. No major sewage pumping and or lift stations shall be located within
300 feet of the Trail Acres residential subdivision.
~ 9.9 TRANSPORTATION:
" A. A gatehouse/security facility may be provided within the project's
entrance area(s), provided project roadways remain private, but shall
not be located so as to impede traffic flow on U.S. 41, nor shall such
facilities be located within the U.S. 41 Right-Of-Way.
B. Road impact fees shall be as set forth in Ordinance 85-55, as amended,
and shah be paid at the time building permits are issued unless
otherwise approved by the Board of County Commissioners.
C. All traffic control devices used shall conform with the Manual on
Uniform Traffic Control Devices as required by Chapter 316.0747,
,:,. Florida Statutes.
D, The Developer shall be responsible for fair share contributions for
,.., intersection and signalization improvements at U.S. 41 and Rattlesnake
:,'. Hammock Road (CR-864), U.S. 41 and CR/SR 951, and project
entrances.
E. The Lely Lakes development shall not use Southwest Boulevard as a
construction access, nor shall Southwest Boulevard be utilized as a
secondary ingress\egress point. Where the Lely Lakes spine road
terminates at Southwest Boulevard, a cul-de-sac shall be installed.
Provisions shall be made to said cul-de-sac to allow access for
emergency vehicles to enter and exit the development.
9.10 WATER MANAGEMENT:.
A. Detailed paving, grading and site drainage plans shall be submitted to
Project Plan Review for review. No construction permits shall be
issued unless and until approval of the proposed construction, in
accordance with the submitted plans, is granted by Project Plan
Review.
B. A Development Excavation Permit will be required for the proposed
lake(s) in accordance with Division 3.5 of the Collier County Land
Development Code and SFWlVlD rules. All lakes greater than two (2)
acres may be excavated to thc maximum commercial excavation depths
set forth in Section 3.5.7.3.1, however, removal of fill from Lely
Lakes shall be limited in an amount up to 10% (to a maximum of
20,000 cubic yards), unless a Commercial Excavation Permit is
received.
C. Should the South Florida Water Management District, or any other
agency, during its review process reqmre significant changes to be
made to the site plan and/or the water management facilities, Collier
County reserves the right to re-review the project and have it heard by
the Environmental Advisory Board.
D. The dimensions of lakes will be approved at the time of excavation
permit.
E. This approval does not constitute agreement by the County to any
control elevation, discharge rate or outside inflow rate. Ail agreements
shall be made with South Florida Water Management District.
.:. · IX4
ENVIRONMENTAL:
A. If during the course of site clearing, excavation, or other construction
activities, an archaeological or historical site, artifact, or other
indicator is discovered, all development at thc location shall bc
immediately stopped and Project Plan Review notified. Development
will be suspended for a sufficient length of time, not to exceed sixty
(60) days, to enable Project Plan Review, or a designated consult~mt to
assess the find and determine the proper course o faction in regard to
its salvageability. Project Plan Review will respond to any such
notification in a timely and efficient manner so as to provide only a
minimal interruption to any construction activity.
B. At the time of Preliminary Subdivision Plat submittal, the Petitioner
shall submit further documentation, both qualitative and quantitative in
nature, based on environmental principles and practices, which support
the routing of thc north-south spine road to ensure that the location of
the crossing of the major slough area and other naturally functioning
wetlands is located and constructed so as to minimize wetland impacts,
while acknowledging the need to address historic hydrological
considerations.
C. A conservation easement or platted tract is required pursuant to Collier
County Land Development Code Section 3.2.9.2.6 for wetland
preserve/conservation areas. The final construction plans/plat shall
reflect the requirements of Collier County Land Development Code
Section 3.2.8.4.?.3, containing protective criteria similar to those in
§704.06(l)(a-h), Florida Statutes (1992). The preservation/conservation
area(s) shall contain a minimum of 570 acres of wetlands/mitigation
areas, the location and configuration of which shall be subject to
Collier County Project Plan Review Staff approval.
D. All proposed mitigation for impacts to Collier County jurisdictional
wetlands shall comply with Appendix ? of the South Florida Water
Management District Rules. Mitigation areas shall be surveyed and
designated as preserve/conservation tracts or easements on the
construction plans/plat pursuant to Sections 3.2.9.2.6 and 3.2.8.4.7.3
of the Collier County Land Development Code on the final plat, and
contain protective criteria similar to those in §704.06(l)(a-h), Florida
Statutes (1992).
E. The applicant shall supply to Collier County Project Plan Review all
applicable wildlife habitat management plans and/or permits,
jurisdictional determinations, waivers, and/or information required by
all applicable State and Federal agencies prior to an approval of a final
development order. Design of the golf course layout, lakes, buildings
and associated structures, and infrastructure shall be adjusted to comply
with the requirements of all applicable State and Federal agencies.
F. Lake pla~ment shall not impact the jurisdictional wetlands, unless the
lake or lakes are permitted by the South Florida Water Management
District to meet the minimum stormwater management requirements.
(3. The Petitioner shall coordinate with Collier County Project Plan
Review Environmental staff during the clearing plan process for the
? golf course to ensure that the maximum amount ut' native vegetation is
~f' retalned,National GolfC°nslstentAssociation.With golf course design parameters set forth by the
", H. Endangered plant species and those which may be observed during each
development phase shall be protected from injury or relocated on site:
The existing locations as well as the transplantation locations, il~
warranted, shall be identified on the site clearing plan for each phase of
construction.
,',~' I. Xeric scrub and gopher tortoise habitat areas to be retained on-site shall
be shown on the construction plans/plat as preserve/conservation tracts
or easements pursuant to Collier Countl~'s Land Development Code.
The applicant shall be entitled to mitigauon credit for wetland impacts_
for preserving/conserving xeric scrub areas. At the time o~-
Prehminary'Subdivision Plat submittal for areas containing gopher
tortoises or suitable gopher tortoise habitat, the applicant shall provide
Collier County Project Plan Review Environmental staff with
applicable permits and/or approved management plan from Florida
Game and Fresh Water Fish Commission for review for consistency
with Policy 7.3.:5 of the Conservation and Coastal Management
,,. Element of Collier County's Growth Management Plan and Division
3.11 of the Collier County Land Development Code.
I. If the subject site is within the primary or secondary zone of protection
as determined by Florida Game and Fresh Water Fish Commission
using U.S. Fish and Wildlife Service Bald Eagle Management
Guidelines, thc applicant shall submit to Collier County Project Plan
Review Environmental staff a Bald Eagle Management/Protection Plan
which has been approved by the Florida Game and Fresh Water Fish
Commission prior to any Preliminary Subdivision Plat or Preliminary
Site Development Plan approval for those lands within the primary or
secondary protection zones.
K. The Petitioner must obtain ali appropriate Slate al~provals for storing
· and handlinl~ hazardous materials prior to construction plan approval of
the golf maintenance facilities. Petroleum storage shall be in above
? ground storage facilities constructed and maintained in accordance with
Environmental Protection Agency and Florida Department of
Environmental Regulation standards. Prior to construction plan
app. roval, the Petitioner shall submit to Project Plan Review staff for
review and comment contingency plans approved by appropriate State
and Federal agencies, where applicable, for clean up and mitigation of
unauthorized release of hazardous materials.
9.12 ACCESSORY b'TRUCFURES:
i =- Accessory structures may be constructed simultaneously with, or following the
· ,.'. construction of the principal structures.
IX-6
9.13 SIGNS:
All signage shall be in accordance with Division 2.5 of thc County's Land
Development Code in effect at the time of Site Development Plan approval,
with the following exceptions:
A. Two (2) ground, ,w,,all or gate project identification signs may be located
at each entrance, to the development subject to the following
requirements:
1) Such signs shall contain only the name of the development, the
insignia or motto of the development and shall not contain
promotional or sales material.
2) Any project identification sign(s) shall not exceed one hundred
(100) .square feet, excluding mounting surface(s) or structure(s).
Where signage is affixed or an integral part of a wall or fence,
the face of sign(s) may protrude above the upper edge of the
wall or fence but remains subject to height restrictions.
3) No project identification sign(s) shall exceed a height of eight
(8') feet above the finished ground level of the sign site.
4) Project identification signs may be lighted, provided all lights
ar.e.shielded in a manner which prevents direct glare into the
v~s~on of motorists driving on adjacent roEdways, or into
adjacent residences.
B. One (1) ground or wall sign may be located at each of the project
entrances on U.S. 41 for the purpose of promoting the development or
any major use within the development, subject to the following
requirements:
1) Any promotional sign(s) shall not exceed one hundred (I00)
square feet, excluding mounting surface(s) or structure(s).
2) No promotional sign(s) shall exceed a height of ten (10') feet
above the average finished ground level of the site.
3) Promotional signs may be lighted, provided all lights are
shielded in a manner which prevents direct glare into the vision
of motorists driving on adjacent roadways, or into adjacent
residences.
C. Residential directional or identification signs, no greater than six (6)
square feet in size, and located internal to the development shall be
permitted. Such signs shall only be used to identify the location, or
direction of approved uses such as models or model centers, sales
offices, information centers, recreation centers, or the individual
components of the development. Directional or identification signs
maintaining a common architectu,ral theme, may be combined into
single sign(s) not to exceed eight (8) feet in height, and thirty-six (36)
square feet in area.
IX-7
" D. Two (2) ground, wall or gate internal project identification signs may
!;': be located at each internal entrance to a residential or recreational
. development area subject to the following requirements:
1) Such signs shall contain only the name of the development, the
insignia or motto of the development and shall not contain
promotion,d or sales material.
2) Any internal project identification sign(s) shall not exceed one
hundred (100) square feet, excluding mounting surface(s) or
structure(s). Where signa~:e is affixed or an integral part of a
wall or fence, the face of sign(s) may protrude above the upper
edge of the wall or fence but remains subject to height
restrictions.
3) No internal project identification sign(s) shall exceed a hei ht of
:?e.ht .(8') feet above the average finished ground level ogf the
4) Internal project identification signs may be lighted, provided all
lights are shielded in a manner which prevents direct glare into
the vision of motorists driving on adjacent roadways, or into
adjacent residences.
~. 14 POLLING PLACES:
Pursuant to Section 2.6.30 of the County's Land Development Code provision
shall be made for the future use of building space within common areas for the
purposes of accommodating the function of an electoral polling place.
.., ~ND USS
· .'.')q.w~''.'.' RESIDENTIAL DEVELOPMEI~I' 334 AC.
..,...............:.: co~o~s/~c~z~o~ s~z ~c.
P~SStVg ~zc,~;;o, · Ac.
:.[.:.:.:.:.:.:.:.:.:,
~.~ ,p . . , . . ~ND USE BUFFER
.'. ~.P.~ ~ EASEMENT 3~ AC.
~ ~ TOTA~ J,49~
oo
E,\'IiIBIT "A"
,oo,~ 061.~170
.~.~.:.~,~;,:.~.~.~.:.:.: '..'." .~.~ .... ':. :. :. o
:*". ..... TRAC~ LAND USE SUMMARY ACREAGE
:::::::::::::::::::~ TRA= '~'~,~.~ ~~ ~' ~.
TRACT 'B' BUFFER EASE~BNT ~ AC.
· ................~.' TRA~ '~ P.U.D. COMMERCIAL I AC,
TRA~ 'CR" COMMONS/RECREATION AREA
T~CT 'PR" PASSIVE RECREATION AREA 9 AC.
TRA~ 'NA" NATURAL AREA 5~2 AC,
F.P. & ~ EASEMENT 3R AC.
TOTAL 1,495 AC.
LEGEND
~r~ TRAC~.C~
TRACT'CR'
TRACT 'PR'
TRAC~'NA'
oo
LELY LAICES
P.U.D. TRACT ]dAP .'.~'~.~.'.'.'
. ~.'..'..~;,4..'..'.. ~
L~LY DEVELOPltEJ~I~ COI~PORATtON
INYESTOR'$ REAL ~.~TATE $OUTIIIrIL~ CORPOR4TION
k
COM~iERCEAL PROPERTIES SO~I~ CORPO~TtON
~eA~LY, ~IIER & A~IAT~. P.A,
~E MAP fl~ ~Y: .
~JL J~S
EXHIBIT "~"
' i STATE OF FLORIDA
'~. COUNTY OF COLLIER )
..~"~:~; I, DWIGHT E. BROCK, Clerk of Courts in and for the
"; Twen~:teth Sudtctal Circuit, Collier County, Florida, do
~' hereby certify that the foregoing ts a true copy of:
Ordinance No. 93-32
which was adopted b~ the Board of County Co~ss~oners on
the 8th day of J~e, 1993, during Re~lar Session.
WITNESS my h~d ~d the off~cial seal of the Board of
Cowry Co~es~oners of Collier County, Florida, th~e 15~h
day of J~e, 1993. '
Clerk of Courts and Clef
Ex-off,cio to Board of'.~.."