Ordinance 2022-33 ORDINANCE NO. 22 - 3 3
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 92-15, AS AMENDED,
LELY, A RESORT COMMUNITY PLANNED UNIT
DEVELOPMENT (PUD), BY ALLOWING THE 9+/- ACRE
C-3 PARCEL AT THE SOUTHWEST CORNER OF
COLLIER BLVD. (CR 951) AND GRAND LELY DRIVE TO
HAVE C-3 OR RESIDENTIAL DEVELOPMENT LIMITED
TO 184 DWELLING UNITS. THE SUBJECT PUD
CONSISTS OF 2,892 ACRES LOCATED BETWEEN U.S. 41
AND RATTLESNAKE-HAMMOCK ROAD, WEST OF
COLLIER BLVD. (CR 951), IN SECTIONS 21, 22, 27, 28, 33
AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. [PL20210001795]
WHEREAS, on March 10, 1992, the Board of County Commissioners ("Board")
approved Ordinance No. 92-15 which established the Lely, A Resort Community Planned Unit
Development (the "PUD"); and
WHEREAS, on November 13, 2007, the Board approved Ordinance No. 07-72 which
amended the PUD; and
WHEREAS, on July 7, 2015, the Board approved Ordinance No. 15-39 which further
amended the PUD;
WHEREAS, Katie M. LaBarr, AICP of Stantec Consulting Services, Inc., representing
Davis Development, Inc., petitioned the Board of County Commissioners of Collier County,
Florida, to further amend Ordinance No. 92-15, as amended, the Lely, A Resort Community
Planned Unit Development.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: List of Exhibits and Tables.
The List of Exhibits and Tables, of Ordinance No. 92-15, as amended, is hereby amended
as follows:
* * * * * * * * * * * *
LIST OF EXHIBITS AND TABLES
EXHIBIT H Revised Master Land Use Plan (Prepared by Waldrop Engineering, P.A.
Stantec Consulting Services, Inc.)
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* * * * * * * * * * * *
SECTION TWO: Section II, Project Development.
Section II, Project Development, of Ordinance 92-15, as amended, is hereby amended to
add the following language:
* * * * * * * * * * * *
SECTION II
PROJECT DEVELOPMENT
* * * * * * * * * * * *
2.14 PUD Monitoring
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring
until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval, the
Managing Entity is Stock Development, LLC. Should the Managing Entity desire to
transfer the monitoring and commitments to a successor entity, then it must provide a
copy of a legally binding document that needs to be approved for legal sufficiency by the
County Attorney. After such approval, the Managing Entity will be released of its
obligations upon written approval of the transfer by County staff, and the successor entity
shall become the Managing Entity. As Owner and Developer sell off tracts, the
Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing Entity,
but the Managing Entity shall not be relieved of its responsibility under this Section.
When the PUD is closed-out, then the Managing Entity is no longer responsible for the
monitoring and fulfillment of PUD commitments.
2.15 Miscellaneous
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does
not in any way create any rights on the part of the applicant to obtain a permit from a
state or federal Agency and does not create any liability on the part of the county for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law.
All other applicable state or federal permits must be obtained before commencement of
the development.
* * * * * * * * * * * *
SECTION THREE: Section VI, C-3 Commercial/Neighborhood
Section VI, C-3 Commercial/Neighborhood, of Ordinance 92-15, as amended, is hereby
amended as follows:
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* * * * * * * * * * * *
SECTION VI
C-3 COMMERCIAL/NEIGHBORHOOD
* * * * * * * * * * * *
6.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
* * * * * * * * * * * *
21) The C-3 parcel at the southwest corner of Rattlesnake Hammock Road and
Grand Lely Drive and the C-3 parcel at the southwest corner of Collier
Blvd. (CR 951) and Grand Lely Drive may be developed allowing C-3
uses, as outlined in Section VI of Ordinance 92-15, as amended, and/or
residential dwelling units.
* * * * * * * * * * * *
6.03 DEVELOPMENT STANDARDS
* * * * * * * * * * * *
10. To the extent the C-3 parcel located at the southwest corner of Collier Blvd.
(CR 951) and Grand Lely Drive contains residential development, except for any
required emergency vehicular access, there shall be no vehicular access to Celeste
Drive.
11. For purposes of this subsection, "Residential Developer" shall mean Davis
Development, Inc., its successors, or assigns. To the extent the C-3 parcel located
at the southwest corner of Collier Blvd. (CR 951) and Grand Lely Drive contains
residential development, the following shall apply:
a. Whether access between the project and Grand Lely Drive is a right-in-
only or a right-in/right-out shall be determined at time of SDP by the
County Manager or designee and installed by the Residential Developer at
the Residential Developer's cost and expense.
b. A dedicated right-turn lane on Grand Lely Drive providing access to
Collier Blvd. (CR 951) shall be installed by the Residential Developer at
time of SDP at the Residential Developer's cost and expense.
c. Right-in/right-out access to Collier Blvd. (CR 951), including required
acceleration and deceleration lanes: (i) shall be allowed, pursuant to
County ordinances; (ii) shall act as the project's primary construction
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entrance; and (iii) shall be installed by the Residential Developer at the
Residential Developer's cost and expense.
d. Residential Developer agrees to pay for and install a crosswalk at-or-near
the intersection of Grand Lely Drive and Celeste Drive at time of SDP, as
determined by the County Manager or designee.
e. Residential Developer shall transplant and/or replace the royal palms on
Grand Lely Drive displaced by construction of the dedicated right-turn
lane onto Collier Blvd. If the royal palms cannot be transplanted and/or
replaced, Residential Developer shall coordinate cohesive landscaping (of
both sides of Grand Lely Drive) for that portion of the landscaping
disturbed by the construction of the right turn lane (hereinafter the
"Replacement Landscaping"). The Replacement Landscaping shall be at
least of a similar value and quality of the landscaping replaced by the
Replacement Landscaping. Residential Developer shall coordinate the
Replacement Landscaping with Lely's Master HOA and install any such
Replacement Landscaping at the Residential Developer's cost and expense
at time of SDP, as determined by the County Manager or designee.
f. Residential Developer agrees to pay its proportionate share of any
subsequent vehicular intersection improvements at Grand Lely Drive and
Celeste Drive.
12. To the extent the C-3 parcel located at the southwest corner of Collier Blvd.
(CR 951) and Grand Lely Drive contains residential development, a decorative
fence and enhanced landscaping shall be provided along the western project
boundary, adjacent to Celeste Drive.
13. Residential development on the C-3 parcel located at the southwest corner of
Collier Blvd. (CR 951) and Grand Lely Drive is limited to a maximum of 184
dwelling units. Development on this parcel shall be limited to either commercial
or residential development, not both.
14. To the extent the C-3 parcel located at the southwest corner of Collier Blvd.
(CR 951) and Grand Lely Drive contains residential development, no building
shall be greater than three stories, and only two-story townhouses with no
understory parking shall be located adjacent to Celeste Drive.
15. To the extent the C-3 parcel located at the southwest corner of Collier Blvd.
(CR 951) and Grand Lely Drive contains residential development, the following
shall apply to rentals: minimum one-year lease term required, background checks
required, and sub-leasing is prohibited.
16. To the extent the C-3 parcel located at the southwest corner of Collier Blvd.
(CR 951) and Grand Lely Drive contains residential development, if it is available
and economically feasible, irrigation shall connect to the Lely irrigation system.
* * * * * * * * * * * *
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SECTION FOUR: Exhibit H, Revised Master Land Use Plan
Exhibit H, the Revised Master Land Use Plan, of Ordinance 92-15, as amended, is hereby
amended as follows:
See Exhibit"A", attached hereto and incorporated herein.
SECTION FIVE: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 13th day of September 2022.
ATTEST: BOARD OF CO 1 TY COMMISSIONERS
CRYS, .1CINEL, CLERK COLLIER CO . r • : ' DA
Ce) .'d , 0.,,
Byg By: ----Aik
"�'j A �sk0 , , ' ,a puty Clerk Will'e:m L. McDaniel, Jr., Chairman
A S ras to,,I rn and legality:
p
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Derek D. Perry iz
Assistant County Attorney `v\ti\
Attachments: Exhibit"A"—Exhibit H, Revised Master Land Use Plan
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LEGEND
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SYMB ITEM ACRES • '..F: v
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yR 1 RESIDENTIAL r.....woe r.n-w 1166.0 , R
CT" COMMERCIAL/COMMUNITY 38.0 +� J
W1MM tPS
LCtj COMMERCIAL/PROFESSIONAL 16.0 R . _'S:}7,
(C3i COMMERCIAL/NEIGHBORHOOD 36.0 �-
EC` EDISONCOLLEGE 44.0 R ` R 4. /Pfi
CCj CULTURAL CENTER 46.5 M'4. '� .I' -'•
(RC RESORT CENTER 49.0 GC a •{ 'J�.Q .-� R J
[GCj GOLF COURSE 495.0 �
CONSERVATION/OPEN SPACE 231.0 ;
`I�"^•' CYPRESS PRESERVE 171.5 J . ; 'Irt,)`_0- •
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�Al.t,r•� PARK/SCHOOL 21.5 ` t` J, ( " 7 .,,,
LAKE 405.S `N.\ .i� ''4'G'L'
OM MAJOR COLLECTOR 70.5 4. G• ) !
11$** MINOR COLLECTOR 64.0 r N
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LOCAL ROAD 26.5 \\ • /
' ACREAGE XXK.x � T
981 R.O.W. RESERVE 9.0 ` / 1.-)
TOTAL ACREAGE AREA 2892.0 \
TOTAL UNITS 6.946 �N J/
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TOTAL COMMERCIAL SO.FT. 1,135,000 ,� l
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EXHIBIT H
Lely Resort PUDA-PL20210001795 Words struck-hthfeugh are deleted;
Last Revised: March 16, 2022 Words underlined are added
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
September 22, 2022
Martha S. Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 22-33, which was filed in this office on September 22,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270