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Ordinance 2007-72 ~'},.62728<93:"', ,,'I!<'V... OU>,,\ ORDINANCE NO. 07-~ ",flv .. ~ :.:\ fJ /\\l\i'\ ~ ~N ORDINANCE OF THE BOARD OF COUNTY ~ \-. t\\\t\\AOMMISSIONERS OF COLLIER COUNTY, FLORID.fi;. ~ ~~t'u'\..\) if: MENDING ORDINANCE NUMBER 92-15, AS AMENDEEf,..: ....~,,~ <oq,'V WHICH RE-ESTABLISHED LELY, A RESORT COMMUNITY ~9L ,,0" PLANNED UNIT DEVELOPMENT (PUD), BY AMENDIN~ ".~ SECTION 2.07 ENTITLED "PERMITTED V ARIA TIONS Of' DWELLING UNITS" TO CHANGE VARIATION STANDARDS;' SECTION 5.02 ENTITLED "PERMITTED USES AND STRUCTURES" TO ALLOW MIXED-USE DEVELOPMEN1'i_. (1 (INCLUDING C-2 AND/OR C-3 USES AND UP TO 175,....J RESIDENTIAL DWELLING UNITS) AS A PERMITTED USE ON THE C-2 PARCEL FRONTING U.S. 41 AND TO CHANGE THE COMPARABLE USE PROVISION TO REQUIRE A DETERMINATION BY THE BOARD OF ZONING APPEALS INSTEAD OF THE DEVELOPMENT SERVICES DIRECTOR; SECTION 5.03 ENTITLED "DEVELOPMENT STANDARDS" TO ADD SQUARE FOOTAGE REQUIREMENTS FOR C-2 AND C-3 USES AND TO ADD OPERATIONAL RESTRICTIONS FOR RESTAURANTS PERMITTED IN THE COMMERCIALIPROFESSIONAL (C-2) TRACT AND TO ADD DEVELOPMENT STANDARDS FOR THE C-3 USES AND RESIDENTIAL USES PERMITTED IN THE COMMERCIALlPROFESSIONAL (C-2) TRACT; AMENDING EXHIBIT H, THE PUD MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. '._J (-~) -:. ".~,,~'1' , I r'._.) C) :-:." , . ,-) .,-~, } WHEREAS, on March 10, [992, the Board of County Commissioners approved Ordinance Number 92-15, which re-established Lely, A Resort Community Planned Unit Development Zoning District; and WHEREAS, on May 26, 1992, the Board of County Commissioners approved Ordinance Number 92-38 amending Ordinance Number 92-15 in order to correct a scrivener's error; and WHEREAS, Richard D. Yovanovich, Esq., representing Stock Development, LLC, petitioned the Board of County Commissioners to amend Ordinance Number 92-15, as amended, for Lely, A Resort Community Planned Unit Development NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO PERMITTED VARIATIONS OF DWELLING UNITS SECTION Section 2.07 entitled "Permitted Variations of Dwelling Units" of Ordinance Number 92- 15, as amended, (the Lely, A Resort Community, Planned Unit Development) is hereby amended to read as follows: Page I of 4 Words underlined are additions; words sImek tkroagk are deletions. All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section ~ 2.05, provided that the total number of dwelling units shall not exceed 10,150. The Development Services Director shall be notified iH aecorctaHee witk SectieH 2.01 of such an increase and the resulting reduction in the corresponding residential land use or other categories so that the total number of dwelling units shall not exceed 10,150. Approximately 1850 single family units and 8300 multi-family units have been planned. Variations from these numbers without an adiustment to the maximum number of units within the proiect shall be permitted provided that the maximum number of dwelling units by type shall not vary by more than twenty (20) percent The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. The proiect may exceed the variation of twenty (20) percent of the unit types set forth in this section provided that for every single family unit permitted in excess of 2220. the maximum number of dwelling units shall be reduced by 1.667 units. SECTION TWO: AMENDMENTS TO PERMITTED USES AND STRUCTURES SECTION Section 5.02 entitled "Permitted Uses and Structures" of Ordinance Number 92-15, as amended, (Lely, A Resort Community, Planned Unit Development) is hereby amended to read as follows: 5.02 Permitted Principal Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A Permitted Principal Uses and Structures: ]) Business and professional offices; banks; financial institutions. 2) Churches and other places of worship; civic and cultural facilities; educational facilities. 3) Funeral homes. 4) Homes for the aged; hospitals, hospices and sanatoriums, hotels and motels. 5) Medical laboratories; medical clinics; medical offices; mortgage brokers; museums. 6) Parking garages and lots; private clubs. 7) Real estate offices; research design and development activities; restaurants; rest homes; convalescent centers; and nursing homes. 8) Laboratories, provide that: No odor, noise, etc., detectable to normal senses from off the premises are generated; All work is done within enclosed structures; and No product is manufactured or sold, except incidental to development activities. 9) Transportation; communication and utility offices - not including storage or equipment Page 2 of 4 Words underlined are additions; words sImek tkr8agk are deletions. 10) Water management facilities and essential services. 11) The C-2 parcel fronting U.S. 41 may be developed allowing C-2 and/or C-3 uses. as outlined in Section V and Section VI of Ordinance Number 92-15, as amended, and UP to 175 residential dwelling units to provide for a mixed-use proiect ru Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Dcvelej3HleHt Ser'liees Direetor Board of Zoning Appeals determines to be compatible in the district B. Permitted Accessory Uses and Structures: I) Accessory uses and structures customarily associated with uses permitted in this district 2) Caretaker's residence. SECTION THREE: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Section 5.03 entitled "Development Standards" of Ordinance Number 92-15, as amended, (Lely, A Resort Community, Planned Unit Development) is hereby amended to read as follows: 5.03 Development Standards: I) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements from parcel boundaries: Thirty (30) feet 4) Maximum Height of Structures: Fifty (50) feet above the finished grade of the site, plus ten (10) feet for under building parking. 5) Minimum Floor Area of Principal Structures: One thousand C 1 ,000) square feet per building on ground floor. 6) Minimum Distance Between Principal Structures: 30' or 1/2 the sum of the building heights, whichever is greater. 7) Minimum standards for signs, parking, lighting, and landscaping shall conform with applicable Collier County Regulations is effect at the time permits are sought 1il The area of the C-2 and C-3 uses referenced in Paragraph 5.02 A. I!) above shall be limited to a maximum 100.000 square feet in the aggregate. 21 The area of each. individual C-2 and C-3 use referenced in Parae:raph 5.02 A 11) above shall be limited to 20.000 square feet. except for food stores. lQl Any restaurant uses permitted bv or associated with anv use permitted bv either the C-2 or C-3 land use designations of this Ordinance. onlv if those uses are located on the C-2 parcel fronting U.S. 41. shall be subiect to the following additional regulations: i!l No televisions shall be permitted in outdoor seating areas. Page 3 of 4 Words underlined are additions; words struck tkreagk are deletions. hl No amplified sounds. including music. shall be permitted in outdoor seating areas after 10:00 P.m. fl No live entertainment shall be permitted in outdoor seating areas after 10:00 pm. ill. All windows and doors shall be closed after 10:00 pm. ill The 175 residential dwellinl! units and C-3 uses referenced in paragraph 5.02 A. I!) above shall be subiect to the C-2, Commercial/Professional development standards set forth in this Paragraph (Paragraph 5.03). SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 13 day of ~2007. , ATTEST;.,,,,, DWIGwr'E.,#RQCK, CLERK C1r;k~~(Pc{a~~ ~ }tti.~t. U,.:t~'Cl>~ 1 ~~u,ty Clerk l19nHIJ!"'~.-""'} , Appro~edas to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA )..~ BY:__l~ JAMES COLETTA, CHAIRMAN ~' ~/Y).~-~ MarjOr~ Student-Stirling Assistant County Attorney This ordinonce filed with the ~e_tary of p...N:a..Qjf1ce j:\;!<~n Ll.l.L'tloy of ~~~ and acknowledgem that fill rec' ed t . doy of Page 4 of 4 Words underlined are additions; words struck tkreagk are deletions. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-72 Which was adopted by the Board of County Commissioners on the 13th day of November, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 2007. DWIGHT E. BROCK Clerk of Courts and Cler~ Ex-officio to Board of County Commissioners ~ ~.O.C_ By: Ann Jennejohn, Deputy Clerk