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Ordinance 97-05 £~'0 ~' ORDINANCE 97- "'e.. ?ek ~... ~ ~rd ~,~ w," ~ O~D[~C~ ~D[HG O~D[~C~ ~,~E&~_ ... 9[-[02, ~H~ CO~[~ ~OU~Y ~D D~~ COD~ ~[~ Z~UD~S ~INCORPO~TED ~ OF COLLIER CO~TY, F~RIDA, BY ~DING ~E OFFICIAL ZONING AT~S ~P N~B~ED 0621N ~D BY C~GING THE ZONING C~SSIFICATION OF THE ~EREIN DES~IBED R~L PROP~TY ~OM "P~" TO "PUD" P~ED ~IT D~E~PME~ ~O~ AS LELY PA~S OF NAPLES, FOR PROPERTY ~CATED AT 1000 LELY P~S DRIVE, IN SE~ION 21, TO'SHIP 50 SO'H, ~GE 26 ~ST, COLLIER CO~TY, ~RIDA, CONSISTING OF 23.5 ACRES MORE OR LESS; PROVIDING FOR THE REPEL OF ORDIN~CE N~BER 82-25, AS ~ENDED, THE FOYER LELY PA~S OF NAPLES PUD; AND BY PROVIDING AN EFFE~IVE DATE. WHEREAS, Peter L. Breton, Esquire of Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A., representing Manor Care of Boynton Beach, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY T~E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ~ECTION ONE: The Zoning Classification of the herein described real property located in Section 21, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The official Zoning Atlas Map Numbered 0621N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 82-25, as amended, known as the Lely Palms of ONaples PUD, adopted on April 20, 1982 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1- SECTION TI{REE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this c~F'day of ~~4/, 1997. .."". d ~..' ~.: / ~. :l' '..'4/"' ~' "",,'~'. ~" ~i' ~"Z,e'' "~ TX~OT~Yym~COCK, cm~Rmu~ LEGAL SUFFICIENCY '. · ":: This ordinance filed with the ~O~IE M. ST~T ASSIST~T CatTY A~O~EY a~ ackn~ ~ of filing f~eived this ~ ~V ~-81-30 (1) o~Ix~cz/lav6s By~~ ~c~ -2- LELY PALMS OF NAPLES PLANNED UNIT DEVELOPMENT LOCATED IN SECTION 21, TOWNSHIP 50 SOUTH RANGE :~6 EAST Dale Approved by CAPCI/I~/g~ Approved by Ordinance Date Issued. Approved b,/CCPC._.~ Approved by BCC..U..2Jt/.9.2__ Ordinance No. 9 7 - 5 TABLE OF CO~S PAGE SECTION I ~ATENIENT OF COMPLIANCE SE~ION !l STATE~IENT OF INTENT 34 SE~ION 111 PROPERTY O%VNERSH1P & LEGAL D~C~ON SE~!ON IV GENEraL DEVELOP~{ENT REGULA~ONS ~-8 SECTION V GENEraL DEVELOPMENT COMM~E>~S 9-10 e · 3~1-1 ZI '9? E~',:"_,4P~ P.4/13 SECTION l STATEMENT OF COMPLIANCE The purpo.~e o[ this section is Io express th~ intent of l~irement Corpomfion of America, P.O. Box 15t7, Bradentou, Florida 13506 to d~velop 23.5:k a~r~ of 1and located in p~rt of S~ction Township 50 South, Range 16 East, Collier County, Florida, Th~ name of ~his propes~d de~'elopment shaft h~nc~fonh t~ known as L~b, Pahm of N~ple~. The developm~.nt of the L~ly Pahns of Nap[c~ as ~ PiannM Unit D~elopmem will compliance wit.h the planning goal~ and objectives of Collier County Comprcb, ens~ve P1~n. T~,~ resid~n!ia[ devcIopmen~ and t~cr~fion and b~lth ~re facilifi~ ~11 b~ co~is~nt with th~ ~m~ ~licics ~nd ~ dcvclopm~m r~l~tions of ~he Comprchcmive Plan bud Use Hl~ment ~nd o~her applicable d~um~nis for ~ following r~sop~: 1. ~ subject prop~ ~ wi~in ~he Urban Mix~ Use Di~rb~ R~identi~ SuMi~ ~s identified on ~e Fumr~ hnd U~e Map ~ r~irM on Obj~iv~ Use B~m (FL~). ~ ~ of ~he Ur~ R~i~t~l SuMi~ct B ~o prov~ for resourc~ cons~r~p~s ~nd wMt~ ~xi~tlng ~nd p[~d public f~ili~ie~ are co~en~tM. ' 2. ~e Pro]~ ~ compatible wi~ ~nd comp;~men~ to ~ist~g md ~r~ u~ ~ r~quircd in Policy ~.4 of Ihe Fum~ ~M U~ Element. 3. Improvements ~re. pla~ed to be in comp~ian~ wi~ ~l~mbI~ I~M d~velop~ regula~ion~ as ~e~ for~ in Obj~cfiv~ 3 of the Future ~d U~ Element. 4. The d~v~lopment of the Project will result in ~n eff~cie~ ~nd ~nomt~1 enen~ou of con~u~ faciIiti~ and ~ervice~ ~ required in Polici~ 3.1.H ~ L Use Element. ~ Project is pb~ed ~o ~corpor~ mmral ~y~ for ~ mamgement ~n a~rd~ wifi~ their natural functions and capabiEfi~s a~ m~y ~ r~uired by Objecfiw 1 Dfainag~ S~b-~l~m:n~ of ~he ~blic Facilities E:em~t. 6.~c ~oj~ i~ ~ ~k~tiv~ hous~g ~o~ for ~'~n~ ~ z~g re~t ~h~l~ and helps to meet Objective 1.7 of the Housin~ E~L 7. The Proj~t r~rcs~ts ~n ln~ll retirement ~unity wi~ln the Urban Disflier. discouraging urban sprawl as r~qu~gd by Policy ~.1 of ~ Fu~ur~ L~ Us~ Elem~m. 8. The project sponsor has filed for Certificate of Need and sh,-I1 receive approval from the 3~4'~ ~'1 '9*7 ~:c,F,~:~'.~ appropriate agencies prior to t~¢ is~=c~ of building permits. See Exhibit 9. The project de~,elopment will provide h~th c~e ~bili~ to ~og patlena who r~uke limited life support and are unble to meet ~c criteria for hospitMintion. 10. The cn~'i~omentally se~hive areas adj=nt m ~e p~opmy prosera ~nl features beneficial to ~esidents of the rctirment and elderly co=uniW. e G' ';3If:.) ,al.kp ;.4.~ p.-.rJ ~r,:T, FLr(¢.%'4 2 SEC~rION II STATEMENT OF INTENT It is the property owner' s intention tc~ comment: developmere of a health-in:egrated program for a group retirement community which will Lncorporate a licensed skilled nursing care home facility together with various Social, recreational, dining, and medical support facilities, geared to the needs of the retired residents of the proj~'t. The L~ly Palms of Naples shall offer a planned program of an alternative way of life for the ,,ging, an alternative ,,~hicl: promotes their physical, psychological, and social well-b~ing, h'~ turn, extending their lives. ~pon completion of development, the Lely Palms of Naples will contain the following st uc.tu~ arm faci]ities. as shown on th~ Sit~ Plan, WMP&B File No. RZ- 61A,dated August :18, '1996. ~2-3 s~ory residential apaztme. nt buildings, each containing a maximum of 125 dwelling units (of which 50 dwelling units shall be u~d as assisted living units). 12-1 story leisure living units (congregat~ a~istive care). :, 34-I story Multiplex Units with a maximum of 4 units pet buildln'g.~ : :'i 1- Licensed healfl; center which will contain a maximum ;i~f 120 privat~ or semi-private patient roon',.s, together with medical supI~rt'.',and administrative facilities common to skilled nnrsing care. A eonunons area containing a kitc}:.en, dig, social, tecreational, library, gi.q-beauty shop, administrative and utilitarian servic~ and facilities for the exclusive use of project residents and invited guests. A chapel. Various outdoor recreational areas and faciliti~. A golf-cart/pedestrian/bike path extending throughout the project area. A project car wash, laundry and maintenanc~ facility. Manmade. lakes and lake-to-lake pipes and swales. An adult daycare program/area. The ]..ely Palms of Naplc~ project wLIl not be subdivided. The entire project, will be owned and managed by a nero-profit o~'g. anizndon. 4 G:q31~J,).C,~L-...~c PtjD O~t.rdmce,',,'pd ' J~ --'1 '97 05:57F.'H P.8713 SECTION I11 PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 3. I. PROPERTY OWNERStiE.: The sub.feet propert)0 is currently owned by Lely Estates, Inc., 105 St. Andrews Boulevard, Naples, Florida 33942, and is under purchase contract agreement with Retirement Corporation of America, Inc. (agents for Naples Retirement, Inc.) 3.2. LEGAL DESCRIPZI'LOI',.I; All of ttiat tract or parcel of land lying and being in Section 21. Township 50 Somh. Range 26 East, Colli,;r County. Florida, and bring more particularly described as follows: Commencing at the point of intersection of the west line of Section 21 and the Southerly right-of-way line of Rattlesnake Hammock Road (C-864), nm South 89,~-27'-05' East along the said right-of-way line for 2.00 feel; thence run South 89o-i8-20" East along said tight-of-way line for 581.21 feet to the POINT OF : BEGINNING. :~ :: thence continue South t~9o-18'-20' Fast along said right-of-,~iy for 1012.46 feet; thence South 1~o-25'-12" East for'483.06 feet; thence South 16o-13'-52" West for 890.35 feet; .-" thence South 860-58'34" West for 327.18 feet to the Easterly boundary of the proposed Tanglewood Subdivision; Said point lying on a curve concave southwesterly; thence following along the are of said curve in a northwesterly direction. (said curve having a central angle of 15o-01'-24'. a radius of 1290.00 feet, a chord of 337.28 feet, and a chord bearing of North 10~-32'-08' West) for 338.25 feel; thence Soulh 71o-57'-10" West for 150.00 feet to the Northerly right-of-way line of the proposed St. Andrews Boulevard, said point lying on a curve concave southwesterly; thence following along the are of said curve in a Northwesterly direrion. (said curve having a central angle of 50-00%28% a radius of 1140.00 feet, a chord of 99.61 feet. and a chord bearing of North 20o-33'-O4" West), for 99.64 feet; thence Norfix 66o-56'-42" East for 150.00 feet to the northeasterly right-of-way boundary of the proposed Tanglewood Subdivision. said point lying on a curve concave S,lulhwestetly; fi~ence following along the are of a~id curve in a Northwesterly direction, (.said J~'l ~l "57 ~'~,.:5~'P~'1 P.'~/13 curve having a cen~r~.l angle of 26o-19'~", ~ ~dius of 12~.~ f~t, a chad of 587.60 fcc~, ~ chord b~aring o~ North 36o-13'-I1' Wes[), for S92.80 lhcnc~ North 49~-23'-~" West for 8.82 feet, to ~ ~int of cu~a~re, said lying co~xcav~ Southwesterly; the:ce tlong ~e are of said cu~e No~westerly. (said ~rve having a central angle of 5o-15'-16", a radius of 1790.~ feet, a chord of I~.10 feet. a choffi ~aring North 5~o-~'-42" West) for 1~.16 feet; tlten~ Somh 34o-43'-16" West for 150.01 f~t ~ ~ No~h~terly fighter-way ,>f Sl. Andrews Boulev~d. said point lylng on a cu~e ~n~ve S~l~westEly, (~id curve having a radi'as of 1640.~ feet. a ~nttal angle of 2~-47'43'. a chor,a of 80.00 feet, a chord be~g of North 550-58'-40" West) Br 80.01 thence North 34o-~3'-16" hst for 254.43 then~ Noah ~o-32'-55" East for 194.21 feet to ~= Southerly righill-way of httlesnake Ih~k Road, (C-8~), ~d ~e Point of Begi~hg. The above ~cri~d ~act is subjec~ to all e~ements. fight-of-way, rcse~atiom, and restrietio~.s of record, and entails 23.529 acres. more or less. .~1 ,~1 '97 ~.:~$P[4 P.10-'13 SEC*rION IV O EN E ~ L D EVELOPME~ REGU~TIONS 4.1. ~H~: The ~u~ose of this Section is to ~et forth the re~lafio~ for development of gteper~ identiP. ed on ~e Master Developmere Plan. It i~ ~e inten~ of ~e project sponsor to 6evdop a health care-lntegrated pro~am for a residential retirement commtl~ity. 4.2. P~OJEC~ PLAN: The pro~ect plan ~:clud~n~ ~ntemal private street layout is iljustrated ia E~bit A. Ske Pla~, WMP~B File No.~-61A, da:ed A~gust 28, 1996. The proj~ ~hall consist of the following st~e~rcs and faci!i~es. 2-3 story residenfiaI apar~ent buildings, each containrig a m=~ of 125 dwelling units (of which 50 dwcIling un[:s shah be used ~ ~sist~ liv~g uniB). 12 - One Sto~ leisure living uai~ (congregate assiative 34-1 Sto~ Multiplex Units with a ~um of 4 uni~ ~r ~ilaing. I - O~e S~o.~ licensed heal~h cen~er w~ich will ~n~in a m=~um of or semi-private patient rooms. togech~ with medical supra ~d ~minis~tivc , facilkti~s co~on to skilled nursing care. A Commons Area, containing a kitchen, dining, s~ial rccreatto~l, libra, gi~-beauty shop, administrative and utilitarian sen'ices aM ~cilities. A chapel. Various outdoor recreational areas and facilities; A golf car~pedestria~ike A car wash, laund~' ~d maintenance fieilia. - Manmade lakes ~nd lake-to-lake pipes and swales. - An adtd~ da~care p:ogramlarea. Principal and accessory buildings shall be developed general])' as indicated on the master plan. No principal buildings shall be closer together than one-half the sum of their heights. No build!ng shall be closer to a property bo,.mdary than 30 feet or one-half the builtling height, whichever is greate. r. except along the eastern property boundary adjacent to the "PR" Cypress Preserve Tract in the Lely Resort PUD, which shall be nventy (20) feet. 3 s:ories a]-,ove the base flood elevation for the apa,-tments. I story above the base flood elevation for all other structures. ~96 Mnxjmum 1K, ing dweJling, units. 1 ~-0 Nla~irnum beds in the heahb c¢.r~ter. 4.4. ~ILt'qlMUM I~,WELLIN. G. UNiT FLOORAREA: 350 Square feet 330 covered and uncovered parkblg, spaces sha]l bc considered. The Zoning Director may require dlat additional space shall be provided, if a need for such ; additional spaces is demonstrated after the project is occupied. 4.6. LIMITATION .O?4 .SIGNS: As permitted by the zonjnl~ ordinance jn effea at time of application for buildiug permit. All appljca~,~le Li[e Safe,'y Codes will be complied with. For the purposes of Buildh~l; Code Regulati,)ns, the heahh center portion of this PUD is hereby designated as a Fire District as describ,--d in the Southern Standard Buildjn~ (:ode as adopted by Collier Calmly. GENERAL DEVELOPMENT COMMITMENTS 3.1. PUILP..OSE: The put'pose of this Se..'tion is ~o set forth the standards for development of the project.. 5.2. PIZD .AlASTEE D. EVELOPMENTI' PLA]~: A. ~'he PUD Master Deve!optuent Plan, (Roger L. Schurte & Associates) ~Z-65 is an illus:rative preliminary development plan. This plan is s~perceded b)' tile Si;e Plan Wilson, Miller, Barton & Peek, Inc. File No, RZ-dlA, doled August 28, 1996. B. The design criteria and layout iljustrated on the Master Hart shall be understood as flexible so that, the fma! design may satisfy the project and comply v,,ith all applicable requirements. C. Ail neeessay easements, dedications, or other instrun;;ints shall be grauled te insure the corttinued operation and maintenon= of all service utilities. D. Minor design changes shall be permitted subject to ~t;.ff approval. E. Overall site design shall be harmonious in terms of landscaping, enclosure of structure, lc. cafions of all improved facilities, and location and treatraent of buffer areas. F. To protect the iJ;tegrity of the Planned Unit Development, the only access road sh'e.21 be the private road as shown on the Master Plan with an exception of a service entrance off of Rattlesnake Hanunock Road. G. Areas illu::trated as 'lakes' shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practicable shall be preserved. Such areas, lakes and/or natural green e areas, shall l:e of general area and configuration as shown on the Master Plan. ,T,ql4 21 '97 ~i~.:C~EIFI*I P,l:B/13 5.3. L~TILIg:['ES.: All Tequlremcnts for water Qncl wastewater supply shall comply with the Utility' Ma=a,~er Memo da%.':'J January 5, 1982 which is made part of tt~is document. Telep~,o%:e, p}wer and T.M. cable service shall be made available to ~11 residential are~.s. All such uti'.:ity lines shall be :.ns~alled underground. 5.4. SOLiD ..~!ASTE DIS Such arrangements and agreements as necessary shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the pr,oject. ; 5.5. EXT..EP.,N.'AL A. Tl'.e l~et]rioner zhal! provide 17.5 feet of additional right-of-way along the no:'th boundary of the preper.~.' for future widening of Ranlesnake Hammock Road. B. If ~his project is commer, eed prior to connection of St. Andrews Boulevard '..} Rattlesnake Ha~m~ock Road. the petitioner shall plot and construct that pc,. r~ion of St. Ar..drews Boulevard from his project entrance to Rauleasnake Hammock Road. 5 6 I~.h'VII. t. ON31EN'I'AL: ,r ; A. W;.th=.n tl'.irg., days of approval of this PUD amendment. 81-30(I). the' owaer shall submit art Exotic Vegetation Removal and Maintenance Plan for re~'iew aud approval by Current Planning Environmental Staff. This plan shall include a time sched~tle for beginning and completion of removal of exotics from the site (per Collier County Land Development Code 3.9.6.4.1 as amended). the n~ethod of removal and a commitment that the property ow2er shall be respc~nsible for subsequent annual exotic removal (CCLDC 3.9.6.6.5). FACILITIES SITE PLAN STATE OF FLORIDA) . COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth judicial Circuit, Collier County, Florida, do hereby certify that the ; foregoing is a true copy of: ORDINANCE NO. 97-5 Which was adopted by the Board of County Commissioners on the 28th day of January, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of January, 1997. DWIGHT E. BROCK ....... Clerk of Courts and"~f'erk .... "' '.-'.':>"'= Ex-officio to Boara .' '. ', k