Ordinance 82-025ORDINANCE 82- 25
AN ORDINANCE AMENDING ORDINANCE 82-2, THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY BY
AMENDING THE ZONING ATLAS MAP NUMBER 50-26-5
BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED PROPERTY FROM "A-2" AGRICULTURE
TO "PUD" PLANNED UNIT DEVELOPMENT FOR THE PROPERTY
KNOWN AS LELY PALMS OF NAPLES: PART OF SECTION
21, TOI~SHIP 50 SOUTH, RANGE 26 EAST; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lely Estates, Inc. petitioned the Board of County,
Commissioners to change the Zoning Classification of the herein
described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commis-
sioners of Collier County, Florida:
SECTION 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 "A-2" to PUD-Planned Unit
Development in accordance with the PUD Document attached hereto as
Exhibit "A" which is incorporated herein and by reference made a
part hereof. The Official Zoning Atlas Map Number 50-26-5, as
described in Ordinance 82-2, is hereby amended accordingly.
SECTION TWOs
This Ordinance shall become effective upon receipt of
notice that it has been filed with the Secretary of State.
DATEs April 20, 1982
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~r~. RUSS" WiMER, CtlAIR~IAN
I, WILLI~I J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true original of:
ORDINANCE NO. 82-25
which was adopted by the Board of County Commis~ioners during
RQgular Session April 20, 1982.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 22nd day of April, 1982,
WILLI/~4 J. REAGAn!
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
Vi rgin~ZMagri, ' ~Do~DU t_~, ~...
Thi~ ordinance filed with the Secretary of State'~
Office the 28th day of April, 19S2 and acknowledgement
of that l~f12.
f il~~eiv~d the 3rd day of Hay,
9i~~i~agri;-Dep~ Clerk'
LELY PALMS OF NAPLES
PLANNED UNIT DEVELOPMENT
LOCATED IN SECTION 21,
TOWNSHIP 50 SOUTH
RANGE 26 EAST
PREPARED BY:
WILSON, MILLER, BARTON, SeLL & PEEK, INC.
1383 Airport Road North
Naples, Florida 33942
DECEMBER, 1981
Date Issued 3/30/82
Approved by""CAPC 3/1R/82
Approved by BCC 4/20/82 -
Ordinance No. 82-2~
TABLE OF CONTENTS
SECTION I
STATEMENT OF COMPLIANCE
PAGE
1-2
SECTION II
STATEMENT OF INTENT
SECTION III
PROPERTY OWNERSHIP & LEGAL DESCRIPTION
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
SECTION V
GENERAL DEVELOPME~:T CO~|HIT~iENTS
3-4
5-6
7-8
9-10
·
SECTION I
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of
Retirement Corporation of America, P.O. Box 1537, Bradenton,
Florida 33506 to develop 23.5+ acres of land located in part
of Section 21, Township 50 So~th, Range 26 East, 'Collier
County, Florida. The name of this proposed development shall
hence forth be known as ~ely Palms of Naples.
The development of the Lely Palms of Naples as a Planned Unit
Development will be in bompliance with the planning goals and
objectives of Collier County as set forth in the Comprehenseive
Plan. The residential development and recreation and health
care facilities will be consistent with the growth policies and
land development regulations of the Comprehensive Plan Land Use
Element and other applicable documents for the following
reasons:
State of Florida Statutes Chapter 163.3177 as amended in
1980, states that local governments must provide adequate
sites for future housing, including housing for low-income
and moderate-income families, mobile homes, and group home
facilities and foster care facilities, with supporting
=infrastructure and communit~ f~c~{fes, in the local
Government's Comprehensive Plan. When the County adopted
the Comprehensive Plan on May 8, 1979, this requirement was
not taken into consideration of the design of the future
land use element as the Local Government's Comprehensive
Planning Act was amended in late 1980. Therefore, the
present Collier County Comprehensive Plan does not reflect
sufficient future sites to guide development of group home
facilities and foster care facilities.
This project will serve to partially fulfill the County's
o~igation to provide for health-care facilities associated
wl~h re$ideBtial retirement communities.
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This project will provide an alternative housing source
for residents seeking retirement shelter.
The subject property has the necessary rating points to
determine availability of adequate community facilities
and services.
4. The project development is ~ompatible 'and complimentary
to the surrounding land uses.
All improvements will be in compliance with all
applicable regulations.
The project development will result in an efficient and
economical extension of community facilities and
services.
The Froject detcl, opment will make available housing to
meet the special needs of the elderly and the
retirement community of Collier County and in.
particular the Greater East Naples area.
The project development will provide transportation by
way of bus for residents of the community, thereby,
conserving energy af~d minimizing excessive movement of
traffic.
The project sponsor has filed for Certificate of Need
and shall receive approval from the appropriate
agencies prior to the issuance of building permits.
See Exhibit "A".
10. The project development will provide health care
capability to those patients who require limited life
support and are unable to meet the criteria for
hospitalization.
The environmentally sensitive areas adjacent to the
property present natural recreational features
beneficial to residents of the retirement and elderly
community.
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015
SECTION
STATEMENT OF INTENT
It is the property owner's intention to commence development Of
a health-integrated program for a group retirement, community
which will incorporate 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 project'. ~ .'
The Lely Palms of Naples shall offer a planned program of an
alternative way of life for the aging~ an alternative which
promotes their physical, psychological, and social well-being,
in turn, extending their lives. Upon completion of
development, the Lely Palms of Naples will contain the
following structures and facilities, as shown on the Master
Plan.
2-3 story residential apartment buildings, each containing
a maximum of 125 dwelling units.
12-1 story leisure living units (congregate assistive
care) .
34-1 story Multiplex Units with a maximum of 4 units per
building.
1 - Licensed health center which will contain a maximum of
120 private or semi-private patient rooms, together
with medical support and administrative facilities
common to skilled nursing care.
- A commons area containing a kitchen, dining, social,
recreational, library, gift-beauty shop, administrative
and utilitarian services and facilities for the exclusive
use of project residents and invited guests.
' - A chapel
- Various outdoor recreational areas and facilities.
- A golf-cart/pedestrian/bike path extending throughout the
project area.
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015 2?..
- A project car wash, laundry and maintenance facility.
- Manmade lakes and lake-to-lake pipes'and swales.
The Lely Palms of Naples project will not be subdivided. The
entire project, will be owned and managed by a non-profit
organization. ' '
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SECTION III '
·
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
3 .2,
PROPERTY OWNERSHIP:
The subject property 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.)
LEGAL DESCRIPTION:
Ail of that tract or parcel of land lying and being in
Section 21, 7'wonship 50 South, Range 26 East, Collier
County, Florida, and being 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 }~ammock Road (C-864), run South 89'-27'-05"
East along the said right-of-way line for 2.00 feet;
thence run South 89'-18'-20" East along said right-of-way
line for 581.21 feet to the POINT OF BEGINNING.
thence continue South 89'-18'-20" East along said
right-of-way for 1012.46 feet;
thence South 18'-25'-12" East for 483.06 feet;
thence South 16'-13'-52" West for 890.35 feet;
thence South 86'-58'-34" West for 327.18 feet to the
Easterly boundary of the proposed Tanglewood Subdivision;
Said p(,int lying on a curve concave southwesterly;
thence following along the arc of said curve in a
northwesterly direction, (said curve having a central
angle of 15'-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 feet;
thence South 71'-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;
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thence following along the arc of said curve in a
Northwesterly direction, (said curve having a central"
angle of 5'-00'-28", a radius of 1140.00 feet, a chord of
99.61 feet, and a chord being of North 20'-33'-04" West),
for 99.64 feet;
thence North 66'-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 Southwesterly;
thence following along the arc of said curve in a
Northwesterly direction, (said curve having a central
angle of 26'-19'-46", a radius of 1290.00 feet, a chord
of 587.60 feet, a chord bearing of North 36'-13'-11"
West), for 592.80 feet;
thence North 49'-23'-04" West for 8882 feet, to a point
of curvature, said curve lying concave Southwesterly;
thence along the arc of said curve Northwesterly, (said
curve having a central angle of 5'-15'-16", a radius of
1790.00 feet, a chord of 164.10 feet, a chord bearing of
North 52'-00'-42" West) for 164.16 feet;
thence South 34'-43'-16" West for 150.01 feet to the
Northeasterly right-of-way of St. Andrews Boulevard, said
point lying on a curve concave Southwesterly, (said curve
having a radius of 1640.00 feet, a central angle of
2'-47'-43", a chord of 80.00 feet, a chord bearing of
North 55'-58'-40" West) for 80.01 feet;
thence North 34'-43'-16" East for 254.43 feet;
thence North 00'-32'-55" East for 194.21 feet to the
Southerly right-of-way line of Rattlesnake Hammock Road,
(C-864), and the Point of Beginning;
The above described tract is subject to'all easements,
rights-of-way, reservations, and restrictions of record,
and entails 23.529 acres, more or less.
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015
SECTION IV ~
GENERAL DEVELOPMENT REGULATIONS
4~2.
PURPOSES:
The purpose of this Section is to set forth the
regulations for development of the property identified on
the Master Development Plan. It is the intent of the
project sponsor to develop a health care-integrated
program for a residential retirement community.
PROJECT PLAN:
The project plan including internal private street layout
is iljustrated in Exhibit A, Master Plan of Development.
The project shall consist of the following structures and
facilities.
2-3 story residential apartment buildings, each
containing a maximum of 125 dwelling units.
12 - One Story leisure living units (congregate assistive
care).
17-1 Story Multiplex Units with a maximum of 4 units per
building.
1 - One Story licensed health center which will contain a
maximum of 120 private or semi-private patient rooms,
together with medical support and administrative
facilities common to skilled nursing care.
A Commons Area, containing a kitchen, dining, social
recreational, library, gift-beauty shop, administrative
and utilitarian services and facilities.
- A chapel
- Various outdoor recreational areas and facilities.
- A golf cart/pedestrian/bike path.
- A car wash, laundry, and maintenance facility.
- Manmade lakes and lake-to-lake pipes and swales.
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0/.5 31'
4.3.
4,5.
4,6°
4.7,
Principal and accessory buildings shall be developed
generally as indicated on the master,plan. No principal
buildings shall be closer together than one-half the sum
of their heights. No building shall be closer to a
property boundary than 30 feet or one-half the building
height, whichever is greater.
MAXIMUM BUILDING HEIGHTS AND DWELLING UN'ITS:
3 stories above the base flood elevation for the
.apartments.
1 story above the base flood elevation for all other
structures.
296 Maximum living dwelling units.
120 Maximum beds in the health center.
MINIMUM DWELLING UNIT FLOOR AREA:
350 Square feet
MINIMUM OFF-STREET PARKING:
330 covered and uncovered parking spaces shall be
constructed. The Zoning Director may require that
additional space shall be provided if a need for such
additional spaces is demonstrated after the project is
occupied.
LIMITATION ON SIGNS:
As permitted by the zoning ordinance in effect at time of
application for building permit.
FIRE SAFETY:
Ail applicable Life Safety Codes will be cQmplied with.
For the purposes of Building Code Regulations, the health
center portion of this PUD is hereby designated as a Fire
District as described in the Southern Standard Building
Code as adopted by Collier County.
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
PURPOSE:
The purpose of this Secti'on is to set forth the standards
for development of the project.
PUD MASTER DEVELOPMENT. PLAN:
The PUD Master Development Plan, (Roger L. Schutte &
Associates) RZ-65 is an iljustrative preliminary
development plan.
The design criteria and layout iljustrated on the
Master Plan shall be understood as flexible so that,
the final design may satisfy the project and comply
with all applicable requirements.
All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities.
Minor design changes shall be permitted subject to
staff approval.
Overall site design shall harmonious in terms of
landscaping, enclosure of structure, locations of all
improved facilities, and location and treatment of
buffer areas.
To protect the integrity of the P'lanned Unit
Development, the only access road shall be the
private road as shown on the Master Plan with an
exception of a service entrance off of Rattlesnake
Hammock Road.
Areas iljustrated 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 areas, shall be of general area and
configuration as shown on the Master Plan.
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5,3,
5.4.
5.5.
UTILITIES:
Ail requirements for water and wastewater supply shall
comply with the Utility Manager Memo dated January 5,
1982 which is made a part of this document.
Telephone, power and T.V. cable service shall be made
available to all residential areas. All such utility
lines shall be installed underground.
SOLID WASTE DISPOSAL:
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 project.
EXTERNAL TRAFFIC IMPROVEMENTS
ae
The petitioner shall provide 17.5 feet of additional
right-of-way along the north boundary of the property
for future widening of Rattlesnake Hammock Road.
If this project is commenced prior to connection of
St. Andrews Boulevard to Rattlesnake Hammock Road,
the petitioner shall plot and construct that portion
of St. Andrews Boulevard from his project entrance to
Rattlesnake Hammock Road.
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015 34