Ordinance 92-015 AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA AND AMENDING THE OFFICIAL ZONING
ATLAS FOkPS NIIMBERED 0621N, 0621S,0622,
06~.7N, 0627S, 0628N, 0628S, 0633S, 0633N,
06341:, 0634S AND 1603N BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT R-NO~ AS
LELY, A RESORT COMHtq~ITY, FOR PROPERTY
LOCATED BETWEEN U.S. 41 AND
RATTLESNAKE-HAMMOCK ROAD WEST OF C.R.
951, IN SECTIONS 21, 22, 27, 28, 33 A.ND
34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST COLLIER COUNTY, FLORIDA, CONSISTING
OF 2892 ACRES; PROVIDING FOR THE REPEAL
OF ORDINANCE NUMBER 85-17, AS AMENDED,
THE FORMER LELY, A RESORT COM}gJNITY PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Alan D. Reynolds of Wilson, Miller, Barton &
Peek, Inc., representing Lely Development Corporation,
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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
The Zoning Classification of the herein described real
property located 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, 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 Maps Numbered 0621N, 0621S, 0622,
0627N, 0627S, 0628N, 0628S, 0633S, 0633N, 0634N, 0634S and
1603N, as described in Ordinance Number 91-102, the Collier
County Land Development Code, are hereby amended accordingly.
Ordinance Number 85-17, as amended, known as Lely, A
Resort Community PUD, adopted on May 21, 1985 by the Board of
county Commissioners of Collier County is hereby repealed in
its entirety.
SECTION THREE:
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 A/~D DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 10th day of
March , 1992.
,q~. ~'~,~,ld
,.,,.'.,,. ...... . dt
ATTEST:;'.'?.-'~.., BOARD OF COUNTY COMMISSIONERS
jAMES :.C.'.i:;'UILE~. Clerk COLLI?OUNTY, FLORA
,-: .' ... .~, .~ ;:?.',' . ~...,,.
:?: .'-:' :',".::~T.~'P-,.,' .' :- ~ /7;
,.;',~ ':-'.,'t~:~'.Y'..;',~.. . ,. --
- ,, :,..,,,.-?.
· ~ ...... .~..
'~.".~7,!~,;.i::;?,: .:;.~,,, - /MICHAEL J. VOLPE,' C}[AIRHAN
a,. ~ .... :~,,'.., Rid~rd S. ~mnah~, Vice-f~rman
APPROVEO~%S TO FORM AND
LEGAL SUFFICIENCY
, M~R~O~E M. STUDENT Thl~ ordl,'~,'.z:e {Iici wlth the
ASSIST~T CO~TY A~O~EY Sec/~fa~ o[ State's Office the
ond ockn~Jedgement of that
P~-8 4-2 0 ( 2 ) O~IN~CE filing received thl~day
'" - ' ATTACHMENT 15
P~NNED UNIT DEVELOPMENT DOCUMENT
FOR
LELY, A RESORT COMMUNITY
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
ENGINEERS, PLANNERS & LAND SURVEYORS
3200 Bailey Lane at Airport Road
Suite 200
Naples, Florida 33942
!i'-_ March 1992
Date Approved by CCPC: May 2, 1985
Date Approved by 8CC:-May 21 1985
Ordinance Number:- 85-17
Date Amended by BCC: March 10, 1992
Amending Ordinance Number:
EXHIBIT "A" ~00K r~5'IP46£183'
INDEX
PAGE
LiSt of E~hibits and Tables
Statement of Compliance and Short iii
Title
SECTION I Property Description and Ownership 1-1
SECTION II Project Development 2-1
SECTION III R Residential 3-1
SECTION IV C-1 Commercial/Community 4-1
SECTION V C-2 Commercial/Professional 5-1
SECTION VI C-3 Commercial/Neighborhood 6-1
SECTION VII [ EC Edison College 7-1
SECTION VII~ CC CultUral C~nter 8-1
SECTION IX R~ Resort Center 9-1
SECTION X GC Golf Course 10-1
SECTION XI CO Conservation/Open Space 11-1
SECTION XII PR Cypress Preserve 12-1
SECTION XIII PS Park/Elementary School 13-1
SECTION XIV General Development Commitments 14-1
LIST OF EXHIBITS AND TABLES
EXHIBIT H Master Land Use Plan
(Prepared by Wilson, Miller, Barton
.... & Peek, Inc. File No.RZ-198
TABLE I Estimated Market Absorption Schedule
TABLE II A Development Standards 'R' Residential Areas
TABLE II B Development Standards 'R' Residential Areas
ii
SECTION
PROPERTY DESCRIPTION AND O~NERS~IP
1.01 INTRODUCTION, LOCATION AND PURPOSE
It iS the intent of Lely. Development Corporation
(hereinafter called "applicant or developer"} to develop A
Planned Unit Development (P.U.D.) on approximately 2892.5
acres of property located in Collier County, Florida. The
subject property is generally bordered on the west by Lely
Estates, on the north by CR 864 (Rattlesnake Hammock
Road), on the east by CR 951 lisle of Capri Road), and on
the south by U.S. 41 (Tamiami Trail East). It is the
purpose of this document to establish the standards and
guidelines for the future development of this property.
1.02 LEGAL DESCRIFTION
All that part o~ Section 21, Township 50 South, Range 26
~ ' East, Collier County Florida being more particularly,
~:.' described as follows:
Commencing at the Northwest corner of said Section 21,
'. t~ence' along the west'line bf said Section 21, South
2 -58'-09" West, 50.11 feet to the South right-of-way line
of C.R. 864 (Rattlesnake Hammock Road); thence along said
right-of-way line, South 89°-13'-25" East, 1596.21 feet to
the POINT OF BEGINNING of the parcel herein described:
· thence c~ntinue along said right-of-way line,
South 89 -13'-25" East, 1049.56 feet;
thence c~ntinue along said right of-way line,
South 89 -14'-25" East, 2617.27 feet to a point on the east
line of said Section 21;
thence along the east line of said Section 21, South
4°-03'-03" west, 5134.63 feet to the Southeast corner of
said Section 21;
thence a~ong the south line of said Section 21,
North 89 -28'-16" West, 5166.93 feet to the Southwest corner
of sa'id Section 21;
thence ~long the west*line of said Section 21,
Norkh 2 -58'-08" East, 2187.29 feet;
thence l~aving the west line of said Section 21,
North 51 -51'-57" East, 1418.70 feet;
~:~. thence northeasterly and northerly, 695.56 feet along the
~3 arc of a circular curve concave to the northwest, having a
radius of 810.~0 feet and being subtended by a chord which
bears North 27 -15'-56" East, 674.39 feet;
thence North 2°-39'-54" East, 2.58 feet;
thence northerly 136.03 feet along the arc of a circular
curve concave to the west, having a radius of 1390.00 feet
and being subtended by a chord which bears North 0°-08'-19"
West, 135.98 fe~t;
thence North 87~-03'-29" East, 227.18 feet;
thence North 16°-18'-47" East, 890.35 feet;
~', thence North 18°-20'-17" West, 483.06 feet to a point on the
South right-of-way line of C.R. 864 (Rattlesnake Hammock
Road) and the point of beginning of the parcel herein
~, described:
Continued on next page
51 r187
Continued from previous page
AND
Section 22, Township 50 South, Range 26 East, less and
except the North 1/2 of the Northwest 1/4 and less and
,xcept the Northeast 1/4 of the Southeast 1/4 of the
Northeast 1/4, lying west of C.R. 951, Collier County,
.Florida,
AND
Section 27, Township 50 South, Range 26 East, lying west
of C.R. 951, Collier County, Florida,
Section 28, Township 50 South, Range 26 East, less and
except that land as described in O.R. Book 542, page 765,
Collier County Public Records,
AND
That part of the East 1/2 of Section 33, Township 50
South, Range 26 East, lying north of U.S. 41, (Tamiami
Trail) Collier County, Florida,
AND
That part of Section 34, Township 50 South, Range 26 East,
lying west of C.R. 951, Collier County, Florida,
AND
That part of Section 3, Township 51 South, Range 26 East,
lying North of U.S. 41, (Tamiami Trail} and West of C.R.
951, less and except a 220' x 220' lot at the intersection
of U.S. 41 (Tamiami Trail) and C.R. 951, and more
particularly described in O.R. Book 124, Page .159 of the
Public Records of Collier County, Florida.
All subject to easements and restrictions of record.
1.03 TITLE TO PROPERTY
The subject property is currently under the ownership and
control of Lely Development Corporation, Triangle
Properties Southwest, Inc., Resort Development of Collier
County, Inc., Flamingo Investment Southwest, Inc., Eagle
Consolidated, Inc. and Associated Real Estate Southwest,
Inc.
-' ,' SECTION
PROJECT DEVELOPMENT
2. Oi PURPOSE
The purpose of this Section is to generally describe the
plan of the development and delineate the general
conditions that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
Lely Resort is a planned community including a mixture of
residential use, commercial-and community-oriented
facilities, and recreational, conservation, and water
management-related elements.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
a. Regulations for development of Lely Resort PUD shall
be in accordance with the contents of this document,
DRI Development Order 85-3 as amended by Resolution
85-249, together with sections of the Collier County
Land Development Code and Ordinances in effect at the
time subsequent development order applications, to the
extent applicable ordinances or codes do not conflict
with or restrict development rights, development
conditions, and development mitigation contained in
this document or the Development Order. Where these
regulations fail to provide development standards, the
provisions of the most similar district in the County
Land Development Codes shall apply.
b. Unless otherwise noted, herein or in the development
order, 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 future
development order applications.
2.04 FRACTIONALIZATION OF TRACTS
a. When the developer sells an entire Tract or a building
parcel (fraction of a Tract) to a subsequent owner, or
proposes development of such property himself, the
developer shall provide to the Development Services
Director or his designee (hereinafter called
Development Services Director) for approval, prior to
the sale or development of such property, a boundary
.;' drawing showing the tract and the building parcel
{. therein (when applicable) and in the case of a
residential area, the number of dwelling units of each
residential type assigned to the property and in the
case of a commercial area, the squat, footage ~s~lgned
to the property,
b. In the event any residential tract or building parcel
is sold by any subsequent owner, as identified in
Section 2.04(a), in fractional parts to other parties
=t..~.for development, the subsequent owner shall provide to
...... the'Development Services Director, for approval, prior
to the sale or development of a fractional part, a
boundary drawing showing his originally purchased
tract or building parcel and the fractional parts
therein and the number of dwelling units assigned to
each of the fractional parts.
The drawing shall also show the location and size of
access to those fractional parts that do not abut a
public street.
c. In the event a commercial tract or building parcel is
sold by any subsequent owner, as identified in Section
2.01(a), in fractional parts to other parties for
dev,~lopment, the subsequent owner shall provide to the
- Development Services Director, for approval, prior to
the sale or development of a fractional part, a
boundary drawing showing his originally purchased
tract or building parcel and the fractional parts
therein, and the commercial square footage assigned to
the property. The drawing shall also show the
location and size of access to those fractional parts
% that do not abut a public street.
d. In evaluating the fractionalization plans the
Dev~,lopment Services Director's decision for approval
or denial shall be based on compliance with the
crit,~ria and the development intent as set forth in
this document, conformance with allowable
accessibility of the fractional parts to public or
private roadways, common areas, or other means of
ingress and egress.
e. If approval or denial is not issued within fifteen
(15) working days, the submission shall be considered
automatically approved.
f. This &ection is intended to provide a mechanism
whereby developer, its successors and assigns, could
convey tracts or parts of tracts prior to development,
whether platted or unplatted, and assign dwelling
units or commercial square footage thereto. The
contents of this section are not intended, nor do they
alleviate, the requirement, if any, to plat any tract
or parcel created by fractio~alizatlon prior to
physical development of said tract or parcel.
2.05 LAND USES
Land use types with approximate acreages and total
dwelling 'units are indicated on Exhibit "H" Master Land
Use Plan RZ-198. Changes and variations in design and
acreages shall be permitted to accommodate topography,
vegetation, and other site conditions during construction
plan and final plat approval. The specific location and
size of individual tracts and the assignment of dwelling
units thereto shall be determined at the time of Site
Development Plan approval in accordance with the Collier
County Land Development code.
The final size of the recreation and open space lands will
depend, on the actual requirements for water management,
golf course layout, roadway pattern, and dwelling unit
size ~n'd configuration..-
2.06 PROJECT DENSITY
The total acreage of the Lely Resort property iS
approximately 2892.5 acres. The maximum number of
dwelling units to be built on the total acreage is 10,150.
The number .of dwelling units per gross acre is
approximately 3.5. The density on individual parcels of
land throughout the project may vary according to the type
of housing placed on each parcel of land but shall comply
with guidelines established in this document.
2.07 PERMITTED VARIATIONS OF DWELLINGS UNITS
All properties designated for residential uses may be
developed at the ~aximum number of dwelling units as
assigned under Section 2.04, provided that the total
number of dwelling units shall not exceed 10,150. The
Development Services Director shall be notified in
accordance with Section 2.04 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 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.
2.08 DEVELOPMENT SEQUENCE AND SCHEDULE
The applicant has not set "stages" for the development of
the property. Since the property is to be developed over
an estimated 40-year-time period, any projection of
project development can be no more than an estimate based
on current marketing knowledge. The estimate may, of
course, change depending upon future economic factors.
Table III indicates by phase, the estimated absorption of
units for the estimated 40 year development period.
Recreational facilities shall be constructed upon
completion of the corresponding phase as shown on Table
I.
2.09 PRESERVATION OF NATURAL VEGETATION AND TREE REMOVAL
Clearing, grading, earthwork, and site drainage work shall
be performed in accordance with the Development Standards
outlined in this document subject further to applicable
provisions of the Land Development Code.
2.10 EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas,
utilities and other purposes as may be needed. Said
easements and improvements shall be in compliance with
Division 3.2 of the Collier County Land Development Code
in effect at the time a permit is requested or required.
All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance with applicable regulations in effect at the
time approvals are requested.
2.11 fXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS
The following requirements shall be waived:
a. Division 3.2, Section 3.2.8.4.1. of the Land
Development Code: Access. The Development Services
Director may approve minor relocation of proposed
access points as shown on the P.U.D. Master Plan.
Additional access points shall be subject to the
2-4
approval of the Collier County Planning Commission.
:' The petitioner shall submit an access plan to Project
· ..: Rev.~.ew Services for review prior to the CCPC Hearing.
b. Division 3.2, Section 3.2.8.4.16.5. of the Land
Davelopment Code : Street Pavement Widths (Waive
requirements for local roads to have two (2) twelve
· . foot lanes, subject to the approval of the County
a' Engineer.
c. Division 3.2, Section 3.2.8.4.16.6. of the Land
Development Code: Dead End Streets. (Waive
,. requirements that cul d~ sac streets shall not exceed
one thousand (1,000) feet in length.)
d. Division 3.2, Section 3.2.8.4.16.8. of the Land
Development Code: Curb Radii (Reduce requirements
from forty (40') foot radi"U~ to thirty (30') foot
radius at local to local road and local to minor
collector road intersections only).
e. Division 3.2, Section 3.2.8.4.16.9. of the Land
Development Code: Intersections requiring curved
streets to have a minimum tangent of 75 feet at
intersections.
2.12 LAKE SITING
As depicted on Exhibit H, Master Land Plan (RZ-198), lakes
and natural retention areas have been sited adjacent to
existing and planned roadways. The goals of this are to
achieve an overall aesthetic character for the project, to
permit optimum use of the land, and to increase the
efficiency of the water management network. Accordingly,
the setback requirements described in Division 3.5. Of the
Land Development Code may be reduced with the approval of
the County Engineer. Fill material from lakes is planned
to be utilized off-site, subject to the provisions of the
excavation ordinance in effect at the time permits are
sought.
I ~,,,.. 2.13 ROADS
· ,,, Major and minor collector roads indicated on the Master
Plan will be public roads. Local roads within the
development may be either public or private roads,
depending on location, capacity, and design.
2.14 SITE DEVELOPMENT PLAN APPROVAL
The provisions of Division 3.3 of the Land Development
Code shall apply to all projects requiring Site
Development Plan approval.
a. In the case of cjustered buildings and/or zero lot
line with common architectural theme, or non-
residential uses listed in Section 3.05, required
property development regulations may be waived or
reduced provided a site plan is approved under
Division 3.3 of the Land Development Code.
2.15 MODEL HOMES AND MODEL UNITS
Model Homes and units shall be permitted in conjunction
with the promotion of the development subject to the
following:
a. Models may be constructed prior to approval of a plat.
b. Models permitted as "dry" models (which have no water
and sewer connections) must obtain a conditional
certificate of occupancy for model purposes only.
"Wet" models (which have utilities connections) may
- . not be occupied until a permanent certificate of
occupancy is issued.
c. "Wet" models utilized as "sales offices" must obtain
approval by and through the Site Development Plan
(SDP) process or whatever approval process is in
effect at that time. The SDP process shall not be
required for dry models pursuant to this Section.
d. Prior to recorded plats, metes and bounds legal
descriptions shall be provided to and accepted by
Collier County as sufficient for building permit
issuance. Said metes and bounds legal descriptions
must meet proposed plat configurations and all models
constructed pursuant hereto shall conform to
applicable minimum square footages, setbacks, and the
like as set forth herein.
e. Temporary access and utility easements may be provided
in lieu of dedicated right-of-ways for temporary
service to model homes or units.
f. Sales, marketing, and administrative functions are
permitted to occur in designated "wet" model homes or
units within the project only as provided herein.
2-6
'~!i~~ g. The "wet" model may be served by a temporary utility
;' ~!i system with ultimate connection to the central system.
· ' ~{ 'Interim fire protection facilities in accordance with
~ NFPA requirements are required unless a permanent
~i water ~ystem is available. A water management plan
must be provided which accommodates th~ runoff from
~ the model home, parking, access road/driveway and
} other impervious surface. The system shall be
designed and constructed so that it is integrated with
i~ the master system for the entire development.
2.16 SALES CENTERS
I a. "Sales Centers" may be prior
constructed
to
recording
~t .of a plat. "Sales Centers" may be serviced by a
~ ' ' temporary utility system (i.e. dry well and septic
. ~ tank/drainfield) prior to availability of central
iI utility systems at which time connection to the
i central system will be made. Interim fire protection
~ facilities, in accordance with NFPA requirements or as
~ approved by the appropriate fire district are required
,, un%ess a permanent water system is available to serve
il the Center.
b. Review and approval of "Sales Centers" shall follow
the requirements .of the Zoning Ordinance in effect at
Ghat time. A metes and bounds legal description shall
be. provided as part of the application. Access to the
il "Sales Center" shall be provided by a paved road or
temporary 'driveway which meets applicable County
standards as determined by the Development Services
: Director. A water management plan must be provided
which accommodates the runoff from the "Sales Center",
the required parking and access road/driveway and any
other impervious surfaces. The system shall be
designed to fit in with the master water management
system for the.entire development.
· ~ LAND USE SU~.MARY
:~'" Refer to Exhibit
'i:~;i ESTIIVIATED IVIARILET ABSORPTION SCHEDULE
'~ TABLE I
PHASE YEAR UNrI'S SQ, FT. HOLES STUDF-NTS HOTEL R~{S SEATING
I. I 1985- 26~ 3,600 18 } t
~ 199.0
II ' 1991 - 1328 300,400 36 364 '350 Room.~
· rr~ ~ 1996. 1482 56,000 736 18.~0
· V i 20~- 1250 ~,000
~ 2010
VI i 2011- 1300 100,000
~ 2015
· VII ~ 2016- 1500 135,000
';~' ~ ~ 2021 o 1500 135,000
TOTAI.~ ~10 I0,150 820,000 54 2500 350 goom.~ 1850
~ 315,000
* 315,000 SF of hotel commercial spac~ is includ~
'5 '{
?
.,?~.. !, ,?
.~.~- 2-9
; ~' ,~
SECTION III
'R' RESIDENTIAL LAND USE
3.01 PURPOSE
The purpose of this Section is to set forth the
'~{ regulations for the areas designated on Exhibit 'H' Master
.l~.. . Land Use Plan RZ-198 as 'R'. ..
3.02 MAXIMUM DWELLING UNITS
A maximum number of 10,150 dwellings units may be
........ constructed on lands designated as 'R' except as permitted
'i~. by Section 2.07.
~%3 GENERAL DESCRIPTION
.~._~ .........A~eas designated as 'R' on the Master Land Use Plan
approximately' total "1171.0 acres and 'are designed to
'~ accommodate a full range of residential dwelling types,
....... recreational facilities, essential services, customary
accessory uses, and compatible land uses such as
religious, governmental, and educational facilities
------ ..... provided -'such-uses meet the development standards as set
forth in this document.
Approximate acreages of all residential tracts have been
indicated on the P.U.D. Master Plan, in order to indicate
relative size and distribution of the residential uses.
These acreages are based on conceptual designs and must be
considered to be approximate. Actual acreages of all
development tracts will be provided at the time of
fractionaltzation in accordance with Section 2.04.
Residential tracts are designed to accommodate internal
roadways.
3.04 PERMITTED PRINCIPAL USES AND STRUCTURES
1} Single family detached conventional
2] Patio and zero lot line
3) Single family attached and townhouses
~ 4) villas, and garden apartments/condominiums
5) Midrise apartments/condominiums
~ 3-1
i-
3.05 PERMITTED ACCESSORY USES AND STRUCTURES
1) Accessory uses and structures customarily associated
with uses permitted in this district
2) E~sent]al serv~cas and facilities
3.06 PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN
APPROVAL UNDER SECTION 2.14(a)
1) Religious facilities
2) Civic and cultural facilities
3). Educational facilities
4) Private clubs
5) Child care centers - owner occupied
6) Rest homes, foster homes, rehabilitation center,
...... hospices, adult congregate living facilities
~ 7) Other non-residential uses customary in residential
~ districts
~ 8) A' welcome 'cente~ facility to encompass sales,
marketing and project administrative functions. The
'~ welcome center facility shall be removed or converted
to an-allowable use as listed in Section 3.04, 3.05,
3.06, 1) thru 7, at such time as 80% of allowable
residential units have been developed within the Lely,
A Resort Community PUD. (Note: The Lely, A Resort
Community PUD is restricted to one such welcome center
at any given time.)
3.07 DEVELOPMENT STANDARDS
Tables II A and B set forth the development standards for
land uses within the 'R' Residential District.
Site development standards for category 1, 2, and 3 uses
apply to individual dwelling unit parcels. Standards for
category 4, 5, and 6 uses apply to fractionalization
parcel boundaries in accordance with Section 2.04 of this
document.
Front yard setbacks shall be measured as follows:
1) If the parcel is served by a public right-of-way,
3-2
.:. setback is measured from the adjacent right-of-way
2) If the parcel is served by a private road, setback is
measured from the back of curb or edge of pavement
whichever is closer.
Standards 'for parking, landscaping, signs and other land
uses not-specified herein are to be in accordance with
Collier County Land Development Code in effect at the time
permits are requested. Unless otherwise indicated,
setback, heights, and floor area standards apply to
principal structures.
200
m
DEVELOPMENT STANDARDS
'R' RESIDENTIAL AREAS
TABLE II A
SINGLE { SINGLE PATIO &
PERMITTED USES FAMILY{ FAMILY CjustER TOWN GARDEN MIDILISE
STANDARDS DB-'TACI{F.D A'I~AC~. HOMY~S HOUSE AFr. APT.
Ca.~gory I 2 3 4 5 6
Ntk-timtun Si,- A~ca 9000 SF 6000 SF 3000 SF I AC I AC I AC
Si'- Wkhh Him Avg. 75 50 50 150 150 150
Si~ I::~th Min. Avg. 120 120 60 150 200 200
Proc~ Yard Sc~back 30 30 20 30 30 or BH 30 or BH
Sld~ ¥~rd Setback 10 0 or 10 0 or l0 15 20 20
Lake Sctl~r_k (Cou~ol) 20 20 0 20 20 20.
R~ Yard Setback 20 20 10 20 BH BH
~ Yard Sct~ack 10 I0 0 10 I0 10
Accessory'
]v{,~.lm,,,n Building 2 2 2 3 4 6
H~i$1~ Suxi~ Abov~
D?Lstmm:~ Bctwe, cn 20 0 or I0 0 or 10 .5 SBH .5 SBH .5 SBH
Pr~lpal Structures
Roar Ama Ntm. (S.F.) 1200 I000 750 I000 1000 750
$1T~ DEi~FI, t' AVERAGR: De~:nained by dividi~l the si~ ~ by ~h¢ si~ width.
SITE W~3Ttf: T'ac rvc~g~ dbm~ce be.f~,ef:n str~&bt J~,,-* c~ec~nl~ fr~t ~xl rcL- parcel Lines at each ~¢ of ~e ~.~ m~ ~ ~ ~ ~w~ ~ f~
~'i~ ~be rc~t pa~c.t L~c).
SB__~H: CS~=n cf B,,;lm.; Hc~hu): Combined hd~J~t c4' two ed.iaccm b,,,qd;-~s for t~e
3-4
fe~, ' DEV1CLOPMENT STANDARDS
? 'R' Rr-qlDEI~'I'LA.i, AREAS
, TABLE II B
I,I~K.,,~TT~D U$.F_S ~DI,;CA'TION J CUt. T'b~,.AL I~l,I.JalOt;.S F'REVATE W~,LO~M~. OTt~t
S~ Y~ ~ 30 30 30 20 20
~e e~ ~ 20 ~ ~ ~ 20
~ Y~ ~ 30 ~ Bit 30 ~ BI[ 30 ~ BH 30 30
~ B~ 50 50 ~0 30 50 .
P~
~ ~ ~ SBH ~ SBH ~ SBH ~ SBH ~
2,'~,92.01O]000~J'LP
I
SECTION IV
C-1 COMMERCIAL/COMMUNITY
'4.01 PURPOSE
........ The purpose of this Section is to set forth the
regulations, for the areas designated on Exhibit 'H',
Master Land Use Plan RZ-198 as C-1. The C-1 tract is
.............. intended to" provide for a broad range of community
.... oriented commercial uses to serve residents of the Lely
development and the surrounding area. The types of uses
· anticipated include general retail, professional and
business offices, shopping centers and highway oriented
facilities.
4.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erecteg, altered or used, or land or water used, in whole
.......... 0~..ln..~a~t,_for_gt~er than_the following:
A. Permitted Principal Uses and Structures
. Ii ;untique · shops:; appliance stores; art studios; art
supply shops; automobile parts stores; automobile
service stations, awning shops.
2) Bakery shops; bait and tackle shops; banks and
financial institutions; barber and beauty shops;
bath .supply stores; bicycle sales and services;
blueprint shops; bookbinders; book stores;
business machine services.
3) Carpet and floor covering sales - which may
include storage and installation; churches and
other places of worship; clothing stores; cocktail
lounges; commercial recreation uses, commercial
schools; confectionery and candy stores; childcare
centers.
4) Delicatessens; department stores; drug stores; dry
cleaning shops; dry goods stores; and drapery
shops.
5) Electrical supply stores; equipment rentals.
<~ 4-1
N~ 9N9'
6) Fish market - retail only; florist shops;
fraternal and social clubs; funeral homes;
furniture stores; furrier shops.
7) Garden supply stores - outside display in side and
rear yards; gift shops; glass and mirror sales -
including storage and installation; gourmet shops.
8) Hardware stores; hat cleaning and blocking; health
food stores; homes for the aged; hospitals and
hospices; hotels and motels.
9) Ice cream stores.
10) Jewelry stores.
11} Laundries - self service only; leather goods;
legitimate theaters; liquor stores; locksmiths.
12) Markets - food; markets - meat; medical offices
and clinics; millinery shops; motion picture
theaters; museums; music stores.
13) New car dealerships - outside display permitted;
news stores.
14) Office - general; office supply stores.
15) Paint and wallpaper stores; pet shops; pet supply
shops; photographic equipment stores; pottery
stores; printing; publishing and mimeograph
service shops; private clubs; professional
offices.
16) Radio and television sales and services; research
and design labs; rest homes; restaurants.
17) Shoe repair; shoe stores; shopping centers;
souvenir stores; stationery stores; supermarkets
and sanitoriums.
18) Tailor shops; taxidermists; tile sales - ceramic
tile; tobacco shops; toy shops; tropical fish
stores.
19) Upholstery shops.
20) Variety stores; vehicle rental - automobiles only;
veterinarian offices and clinics - no outside
kennels.
21) Watch and precision instrument repair shops.
22) Water management facilities and essential
services.
23) Any uther commercial use or professional =ervlce
which is comparable in nature with the foregoing
uses and which the Development Services Director
determines to be compatible in the district.
B) Permitted Accessory Uses and Structures
1) Accessory uses and structures customarily
associated with the uses permitted in this
district.
2) Caretaker's residence.
4.03 DEVELOPMEMT STANDARDS
· 1) Minimum Site Area: As approved under Section 2.04
2) Minimum Site Width: As approved under Section 2.04
]) Minimum Yard Requirements from parcel boundaries:
Twenty-five (25) feet plus one (1) foot for each
two (2) feet of building height over fifty (50)
feet.
4) Distance between principal structures - None, or a
minimum of five (5) feet with unobstructed passage
from front to rear yard.
5) Maximum Height of Structure: One hundred (100) feet
above the finished grade of the site.
6) Minimum Floor Area of Principal Structures: One
thousand (1,000) square feet per building on the
ground floor.
7) Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier County Regulations in effect at the time
permits are sought.
~ SECTION V
':~" ?~ C-2 COMMERCIAL/PROFESSIONAL
? 5.01 PURPOSE
~' !~, The purpose of this Section is to sat forth the
-/ ~ regulations for the areas designated on Exhibit 'H',
Master Land Use Plan RZ-198, as 'C-2'. The C-2 tract is
intended to provide for the professional, office, and
business 'relat%d needs of area residents, supplementing
the retail nature of the adjacent C-1 tract.
5.02 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:
1) 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
' ~ sanitoriums, 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, provided that:
No odor, noise, etc., detectable to normal senses
from off the premises are generated;
Ail work is done within enclosed structures; and
No product is manufactured or sold, except
incidental to development activities.
5-1
9) Transportation, communication and utility offices
- not including storage or equipment.
1O) Water management facilities and essential
services.
11) Any other commercial use or professional service
which is comparable in nature with the foregoing
.... uses and which the Development Services Director
determines to be compatible in the di£trict.
S Permitted Accessory Uses and Structures:
1) Accessory uses and structures customarily
associated with uses permitted in this district.
~} Caretaker's residence.
5.03 DEVELOPMENT STANDARDS:
1) 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) fe~t
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 (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 in effect at the time permits are
sought.
'3 SECTION VI
.?<., i,~'i C-] COMMERCIAL/NEiGHBORHOOD
!? 6.01 PURPOS~
,:. <; The purpose of this Section is to set forth the regulations
· for the areas designated on Exhibit 'H' Master Land Use
~ ~ Plan RZ-198, as 'C-3'. The C-3 tract's are intended to
provide residents with conveniently located commercial
'~ facilities and services that are typically required on a
i: regular basis.
~ 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
l) Antique shops; appliance stores; art studios; art
supplies; automobile parts stores; automobile
service stations.
2) Bakery shops; banks and financial institutions;
barber and beauty shops; bath supply stores; blue
print shops; bicycle sales and services; book
stores.
3) Carpet and floor covering sales (including storage
and installation) child care centers; churches and
other places of worship; clothing stores;
confectionary and candy stores.
~ 4) Delicatessen, drug stores; dry cleaning shops; dry
goods stores and department stores.
~ 5) Electrical supply stores.
.,. 6) Fish stores; florist shops; food markets; furniture
stores; furrier shops and fast food restaurants.
7) Gift shops; gourmet shops.
8) Hardware stores; health food stores; hobby supply
stores; homes for the aged; hospitals and hospices.
9) Ice cream stores; ice sales; interior decorating
showrooms.
208
:~' ~ 6-1
~":'
...
~? i'l 10) Jewelry stores.
:'~ 11) Laundries - self-service; leather goods ~nd luggage
stores; locksmiths and liquor stores.
i2) Meat market; medical officc or clinic for human
care; millinery shops; music stores.
13) Office (retail or professional); office supply
stores.
14) Paint and wallpaper stores; pet shops; pet supply
stores; photographic equipment stores; post office.
_ .15) Radio ~and television sales and service; small
-' appliance stores; shoe sales and repairs;
restaurants.
16) Souvenir stores; stationery stores; supermarkets
: ' and sanitoriums.
17) Tailor shops; tobacco shops; toy shops; tropical
fish stores.
· ~i .: 18) Variety stores; veterinary offices and clinics (no
outside kenneling).
19) Watch and precision instrument sales and repair.
20) Water management facilities and essential services.
21) Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Development Services Director
determines to be compatible in the district.
B) PERMITTED ACCESSORY USES AND STRUCTURES:
' 1) Accessory uses and structures customarily
associated with the uses permitted in this
~ district.
· ~! 2) Caretaker's residence.
~;; 6.03 DEVELOPMENT STANDARDS:
ii 1) Minimum Site Area: As approved under Section 2.04
~:: 2) Minimum Site Width: As approved under Section 2.04
· '-i 6-2
'" o51 209
~".: . "~ ~OO~ PAS[
~ii 3) Minimum Yard ~equirements from parcel boundaries:
~ Abutting non-residential areas: Twenty five (25)
~ ~ Abutting residential areas: Thirty (35) feet in
· which an ~ppzopriate 1¥ designed and landscaped
buffer shall be provided, as determined under
Section 2.14.
4) Distance between principal structures: None, or a
~ minimum five (5) feet with unobstructed passage from
front yard to rear yard.
5) Maximum Height of Structures: Fifty (50) feet above the
finished grade of the site.
6) Minimum Floor Area of Principal Structures: One
thousand (1,000) square feet per building on the ground
~ floor.
'~i ~i 7) Minimum standards for signs, parking, lighting, and
~ landscaping shall be in conformance with applicable
';, : t Collier County regulations in effect at the time
~ permits are sought.
SECTXON VXX
7.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the area designated on Exhibit 'H', ~aster Land Use
Plan RZ-198, as 'EC'.
7.02 P~RMITTED USES A.ND STRUCTURES:
No building or structure, or part thereof, staX1 be
erected, altered, or used, or land or water used, in whole
oc in part, for other than the following:
A) Permitted Principal Uses and Structures
1) All uses normally associated with a community
college campus including but not limited to:
, Auditoriums, classrooms, cafeterias, gymnasiums,
laboratories, lecture halls, libraries, offices,
. theaters, etc.
21~ Water Management facilities and essential services.
s) Permitted Accessory Uses and Structures
1) Accessory uses and structures customarily
associated with principal uses permitted in this
District.
2) Caretaker's residence.
7.03 DEVELOPMENT STAdgDARDS
~ 1) Mlntmum Site Area: As approved under Section 2.04
~i 2) Minimum Site Width: As approved under Section 2.04
3) Minimum Yard Requirements:
50' from all 'EC' tract boundaries for principal
structures, 20' from lake banks
4) Maximum Height: 100'
~i ~t 5) ~lnimum Floor Area of Principal Structures:
~'i One thousand (1,000) square feet per building on
7~. .~ the first habitable floor
6) Distance between principal structures: .
1/2 the sum of the building heights or 30',
whichever is greater.
7) ~inimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier County regulations in effect at the time
permits are sought.
8) Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring
properties from direct glare or other interference.
SECTION
'CC' CULTURAL CENTER
8.01 PURPOSE
%~ The purpose of this Section is to set forth the regulations
~ i for the areas designated on Exhibit 'H', Master Land Use
· ~ Plan RZ-198, as 'CC'.
8.02 PERMITTED USES AND STRUCTURES=
No building or structure or 9art 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
All uses normally associated with a cultural center
including but not limited to:
1) Performing Arts Center, Theater, Auditorium,
Amphitheatre, Art Galleries, Museums, Library,
Educational facilities, other uses of similar
· nature.
2) Water Management facilities and essential services.
B) Permitted Accessory Use and Structures:
1} Accessory uses customarily associated with the
principal uses permitted in this district.
2) Caretaker's residence.
3) Recreational facilities.
~ 4} Offices, gift shops, restaurants.
8.03 DEVELOPMENT STANDARDS
~ 1) Minimum Site Area: As approved under Section 2.04
'~:~ 2) Minimum Site Width: As approved under Section 2.04
~{" ~i'.! 3} Minimum Yard Requirements:
.,i.'~ ~, 50' from all 'CC' tract boundaries for principal
:~,,~ :I structures.
' J 20' from lake banks
'~: 4) Maximum height: 100'
: 51 Minimum Floor Area of Principal Structure~: One
~ thousand (1,000) square feet per building on the
first habitable floor.
6) Distance between principal structures: 1/2 the sum
......... of ..th.e building heights or 30', whichever is
greater.
7) Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier County regulations in effect at the time
permits are sought.
8) Lighting facilities shall be arranged in a manner
which, will protect roadways and neighboring
properties from direct glare or other interference.
SECTION IX
RESORT C TER
9.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit 'H', Master Land Use
Plan RZ-198, as 'RC'. The Resort Center tract is intended
to provide a mix of uses including 350 transient lodging
rooms; 315,000 square feet of related commercial space
such as conference facilities, restaurants, and shops;
recreational facilities such as tennis courts, clubhouses,
and outdoor activities; and related residential uses.
9.02 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
1)% ~otel, motel, and transient lodging facilities.
Clubhouse, co~vention facilities.
3) T~nnts and health clubs.
4) Recreational facilities.
5) Cjuster and multi-family residential uses in
accordance with Section III of this document,
including interval ownership facilities.
6) Restaurants and lounges.
7) Retail commercial uses, specialty shops.
:~ 8) Water Management facilities and essential services.
:~ 9) Other uses of a similar nature to those described
above.
B) Permitted Accessory Uses and Structures
1) Accessory uses customarily associated with the
principal uses permitted in this district.
2) Caretaker's residence.
9-1
9.03 n£VSLOPMSN?
~ l) Minimum Site Are~: As approved under Section 2.04
· .,.:: ':i 2) Htnimum Site Width: As approved under Section 2.04
· "' ! 3) Minimum Yard Requirements:
.' ~ 50' from all RC tract boundaries for principal
:~ structures
' i 20' from lake banks
4) Maximum Meight: 100'
,'.-' ~ 5) Minimum Floor Area of Principal Structures:
One thousand (1,000) square feet per building on the
..... first habitable floor.
6) Distance between principal structures:
1/2 the sum of the building heights or 30', whichever
is greater
~i,il i 7) Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
~ Collier County regulations in effect at the time
i permits are sought.
8) Lighting facilities shall be arranged in a manner which
will protect roadways and neighboring properties from
direct glare or other interference.
.:~
"~ - ......._ SECTION X
'GC' GOLF COURSE
I0'.'01 PURPOSE
~{ The purpose of this Section is to set forth the regulations
'~ for the areas designated on Exhibit 'H' Master Land Use
!i! Plan RZ-198, as 'GC'.
10.02 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
1) Golf Course
2) Water management facilities and essential services.
s. Permitted Accessory Uses and Structures
Accessory uses customarily associated with principal
uses permitted in this district including but not
limited to:
1) Clubhouses, pro-shop, practice driving range and
other customary accessory uses of golf courses, or
other recreational facilities.
2) Small commercial establishments, including gift
shops, golf equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively
serve patrons of the golf course or other permitted
recreational facilities, subject to the provisions
of the applicable supplementary ~egulations of the
Land Development Code of Collier County.
3) Shuffleboard courts, tennis courts, swimming pools,
and other types of facilities intended for outdoor
recreation.
4) A maximum of two (2) residential units in
conjunction with the operation of each golf course.
5) A welcome center facility to encompass sales,
marketing and project administrative functions.
The welcome center facility shall be removed or
converted to an allowable use as listed in Section
10-1
10.02.B 1) thru 4) at such time as 80% of the
allowable residential units have been developed
within the Lely, A Resort Community PUD.
(Note: The Lely, A Resort Community PUD is
restricted to one such welcome center at any given
time. )
10.03 DEVELOPMENT STANDARDS
~ 1) Overall site design shall be harmonious in terms of
~. landscaping, enclosure of structures, location of
"access streets and parking areas and location and
treatment of buffer areas.
2} Buildings shall be set back a minimum of thirty
(30) feet from abutting residential districts and
· an appropriately landscaped and maintained buffer
zone'shall be provided.
3) Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring
properties from direct glare or other interference.
4)Maximum Height of Structures:
Fifty (50) feet.
~ 5) Minimum distance between principal structures:
[! 1/2 the sum of the building heights or 30',
whichever is greater.
: 61 Minimum standards for parking, lighting, signs, and
~ landscaping shall conform with applicable Collier
County Regulations in effect at the time permits
i are sought.
lO-~
SECTION XI
11.01 PURPOSE
~'' ~', The purpose of this Section is to set forth the.regulations
,{ for...the areas designated on Exhibit 'H', Master Land Use
~ Plan RZ~198, as 'CO'.
~ 11.01 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=
1) Passive Parks. Active Parks only in development areas
approved under 11.02 7).
"' 2) Biking, hiking, canoeing, and nature trails.
-~.'. 3) Equestrian paths.
~'~' 4) Wildlife sanctuary.
i~:, 5) Water management: facilities, lakes, and impoundment
area,, subject to further review by Collier County
Project Review Services Environmental Staff to ensure
that. water'management facilities do not degrade the
vegetation or hydroperiod on the conservation/open
space areas.
6) Recreational shelters and restrooms upon review and
approval of Collier County Project Review Services.
7) Residential land uses as listed in Section 3.04 and
governed by development standards as shown in Table II
A & B and providing the following criteria are met:
a) The project density as listed in Section 2.06 shall
not be increased.
b} The maximum developed area in all 'CO' areas shall
not exceed 20% of the total and shall be contiguous
to existing approved development areas.
c) Every effort shall be made to protect the floral
character of the 'CO' areas; landscaping shall
consist exclusively of native species.
!,! d) All runoff from developed area shall be pre-treated
:. - . prior to discharge into surrounding natural water
~ management areas.
e) Clearing shall be permitted only in those areas
,' specifically required to facilitate th, residential
cjusters, and shall be limited as much as possible.
8) Any other open space activity or use which is similar
in nature with the foregoing uses and which the
Development Services Director determines to be
' '-""~ompatible'with'the intent of this district.
..: 11.03 DEVELOPMENT STANDARDS
..,. ~ 1) Overall site design shall be harmonious with the areas
natural ecological characteristics in terms of
landscaping, enclosure of structures, location of
access streets, parking areas, and location and
treatment of buffer areas as determined by the Collier
County Development Services Director.
2) Development standards as listed in Table II A & B in
Section III shall apply to permitted residential uses.
3) All work proposed in or directly impacting conservation
areas designated on the Master Plan shall be reviewed
and approved by the Development Services Director prior
to the commencement of any such activity.
22O
:; ~ BO0~ PlG[
:.' '::': ~ 11-2
¥
SECTION
'PR' CYPRESS PRESERVE
";~, ~} The purpose of this Section is to set forth the regulations
-~.~ for the areas designated on Exhibit 'H', Master Land Use
>~i Plan RZ-198, as 'PR'.
~<!~' 2.02 PERMITTED USES AND STRUCTURES
.... ildi~g
{i~ ~ ~b~ or re, or
No structu part thereof, shall be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
1) Environmental preservation.
· 2) Foot paths, boardwalks, and nature trails.
~'./ ,% 3) Wildlife management sanctuary.
~ 4) Water management facilities and essential services,
~ subject to further review by Collier County Project
Review Services Environmental Staff to ensure that
~ water management facilities do not degrade the
~ vegetation or hydroperiod on the Cypress Preserve
areas.
5) Any other preservation or open space activity or use
which is comparable in nature with the foregoing uses
and which the Development Services Director determines
to be compatible with the intent of this district.
' 12.03 DEVELOPMENT STANDARDS
'~ .i~ 1) All work proposed in or directly impacting preservation
h:~... ~ areas designated on the Master Plan shall be reviewed
~'i~' ~ and approved by the Development Services Director prior
'~:' '~ to the commencement of any such activity.
12-1
SECTION XIII
'PS' PARK/SCHOOL
a.01 PUR,OSE
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit 'H', Master Land Use
Plan RZ-198, as 'PS'.
T~e PS" site includes 17 acres reserved for use of an
elementary school site and 5 acres to be used for a
neighborhood park facilities. The 5 acres of undesignated
land reserved for community use referred to in the DRI/ADA
document will be applied to this site.
13.02 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 followings
" 1) Elementary school and facilities.
.; 2) Parks and playgrounds.
3) Bicycle, hiking and nature trails.
4) Recreational shelters and restrooms.
~ ' 5) Recreational fields, sports facilities and courts.
6) Community centers.
[l.!~ j 7) Restaurant or snack bar in conjunction with
~i'~ { recreational activities.
8) Water management facilities and essential services.
9) Any other recreational, athletic, or open space
activity or use which is comparable in nature with the
foregoing uses and which the Development Services
Director determines to be compatible with the intent of
this district.
13.03 DEVELOPMENT STANDARDS
~ 1) Minimum Site Area: None
ii 2) Minimum Setback from 'PS' Tract Boundaries= 25'
3) Maximum Height of Structures: 3~'
; 4) Minimum Distance Between Buildings: 1/2 the sum of
,,' their heights.
5) Minimum standards for parking, lighting, signs, and
landscaping shall conform with applicable Collier
County Regulations in effect at the time permits are
sought.
SECTION XIV
GENERAL DEVELOPMENT COMMITMENTS
14.01 PU~POS~
The purpose of this Section is to ~et forth the general
development commitments for the project.
14.02 DEVELOPMENT COMMITMENTS
"~ A. ENERGY
1) Construction shall comply with applicable local and
state energy codes.
2) Reasonable "good faith" efforts to utilize
: state-of-the-art energy conservation techniques
: shall be made where practically and economically
feasible. Such techniques may include, but shall
not be limited to the following:
a. Provision of bicycle racks and/or storage
facilities in office and commercial areas and
in multi-family residential areas.
b. Cooperation in the locating of bus stops,
shelters and other passenger and system
accommodations when a transit system is
developed to serve the project area.
c. Use of energy-efficient features in window
design (e.g., shading and tinting).
d. Use of operable windows and ceiling fan.
e. Installation of energy-efficient appliances and
equipment.
f. Reduced coverage by asphalt, concrete, rock and
similar substances in streets, parking lots and
other areas to reduce local air temperatures
and reflected light and heat.
g. Installation of energy-efficient lighting for
streets, parking areas, recreation areas and
other interior and exterior public areas.
14-1
· '~> ;' h. Selection of native plants, trees and other
~' vegetation and landscape design features that
reduce requirements for water, fertilizer,
maintenance and other needs.
i. Planting or retention of native shade trees to
provide reasonable shade for all recreation
areas, streets and parking areas.
J. Placement of trees to provide needed shade in
the warmer months while not overly reducing the
...... benefits of sunlight in the cooler months.
.. k. Planting or retention of native shade trees for
each residential unit.
1. Orientation for structures, aa possible, to
reduce solar heat gain by walls and to utilize
natural cooling effects of the wind.
m. Provision for structural shading (e.g.,
trellises, awnings and roof overhangs) wherever
practical when natural shading cannot be used
effectively.
n. Inclusion of porch/patio areas in residential
units.
3) Deed restrictions and other mechanisms shall not
prohibit or prevent the use of alternative energy
devices such as solar collectors (except when
necessary to protect the public health, safety and
welfare).
": B. AIR QUALITY
' 1) The developer shall comply with applicable codes
· : and apply for required permits relative to air
~ quality, where such permits are required.
i.i,~:'3. ~! C. TRANSPORTATION
~' :' 1) Lely, a Resort Community, shall commit to
~{.' contributing its pro-rata or fair share
I. contribution to the costs of improving local
'" transportation facilities, when such improvements
are deemed to be necessary, based on Lely Resort
Community's proportionate impact on such
facilities, as part of an area wide funding
program, including, but not limited to, impact
14-2
, .~ fees, special taxing districts, etc. Any
donations, dedications, or other required
contributions made by the project sponsors to the
County's Transportation facilities shall be
cr-dited towards future p~oport~ona] share
assessments 19vied against the project, except for
right-of-way dedications listed under 8) below.
2) Provision of a bicycle/pedestrian system connecting
all land uses, to be placed along all major and
minor collectors within the project. This system
is to be consistent with Collier County
requirements.
3) Unless four laning has been completed or is about
to begin, the developer shall provide separate left
and right turn lanes at all accesses along
Rattlesnake Hammock Road and Isles of Capri Road.
4) The developer shall provide a fair share
contribution toward the capital cost of traffic
signals at accesses to Rattlesnake Hammock Road,
Isles of Capri Road and Tamiami Trail when deemed
warranted by the County Engineer. The signals
shall be owned, operated and maintained by Collier
County.
5} The developer shall bear the full cost of all
;.;. i; traffic signals which may become needed at the
~ intersections within the project.
6) The developer shall provide or reimburse the County
for sidewalk/bikepaths along all perimeter roads to
~ be phased to correspond with the development phases
o and future road widening plans, unless such
improvements are incorporated into design plans
and/or alternative funding methods are available,
such as road impact fees.
7) The developer shall provide arterial level street
lighting at all accesses. The operating and
maintenance costs of these units will be assumed by
the County at such time as street lighting systems
are established along the roads involved.
8) The developer shall dedicate 17.5 feet of
additional right-of-way along the south side of
Rattlesnake Hammock Road and 25 feet of additional
right-of-way along the west side of Isles of Capri
road for future roadway widening. This shall be
14-3
done at the convenience of the developer or when
requested by the County, whichever occurs first.
9) The County Transportation Department and the
developer shall reach agreement regarding
alignments and inter~ec=ton configurations at the
time of re-examination. Xmprovrments shall be
consistent with good design practices and
transportation planning principles and the long-
range planning needs of the County.
WATER MANAGEMENT
1) Detailed water management construction plans shall
be submitted for approval to the Development
Services Director prior to commencement of
construction.
2) Surface Water Management Permits shall be obtained
from the South Florida Water Management Distric=
prior to the commencement of development.
3) The water management for the Lely Resort Community
, shall implement water quality "best management
, practices" to the extent possible.
4') Water quality:will be provided for the development
iq the lake system in accordance with South Florida
Water Management District's current permitting
regulations.
5) An Excavation Permit will be reguired for the
proposed lakes in accordance with Collier County
Land Development Code, Division 3.5
6) Contingent upon acquiring appropriate permits,
developer shall be responsible for the following
along its entire U. S. 41 frontage:
1. Construct necessary improvements to the
borrow canal along the northerly side of U.S.
7) During Phase I, developer shall be responsible for
the following along Rattlesnake Hammock Road:
a. Clean-out of the two crossings under the road
near .the N 1/4 post of Section 21, Township
50 South, Range 26 East.
b. Improvements to the swale along the south
side of the road along the entire development
frontage to serve as a spreader facility in
the adjoining low lying wetlands.
8) The "B-3 & 4" Canal (from northwest corne~ of
Naples Manor across U.S. 41 to sufficient outlet
in wetlands in Section 3, Township 50 South,
Range 26 East) shall be subject to developer/
County negotiations at the time of involvement
with that outfall.
UTILITIES
1) A central water supply system shall be made
available to all areas of the project. The water
supply source for the project shall be the Collier
County system.
2) All areas of the project shall be served by a
central wastewater collection system.
3) The development shall be in substantial compliance
with applicable County laws and ordinances
governing utility provisions and facilities.
4) Telephone, power and T.V. cable service shall be
made available to the site.
5) Utilities Division stipulations: (Per Memorandum
dated June 25, 1984 attached).
6) A non-potable water system for irrigation purposes
will be implemented for the project utilizing
sources including renovated effluent, surface, and
ground water.
7) Design and construction of the water and sewer
facilities must be in compliance with Ordinance
88-76, as amended.
8) For any required subdivision improvement that is to
be constructed by the Lely Community Development
District, no subdivision performance security 5hall
be required under Section 3.2.9 of the County Land
Development Code.
F. GENERAL
1). The desigD and development standards az describ,d
in the Lely Resort Community DKI/ADA document are
hereby incorporated by reference into this P,U.D,
ordinance,
G. ENVIRONMENTAL=
1) The following table summarizes native vegetation to
be retained in the Lely Resort Community:
PR District = 172.5 acres +
CO District : 182.4 acres +
GC District 111.3 acres +
Subtotal 466.2 acres
NOTE: Acreages and land use districts shall be as defined
in Collier County Ordinance 85-17 as amended.
An additional 45.6 acres of native vegetation shall
be retained in the CO District, until such time as
the developer elects to utilize Section 11.02(7) of
the PUD that allows for development of up to 20% of
the CO district. At that time the developer shall
demonstrate, as a condition of Final Approval from
Collier County for development of any "CO" area,
that an equivalent amount of native vegetation has
been retained elsewhere in the project (not
including platted single family lots) to compensate
for any permitted CO development acreage, up to a
total of 45.6 acres.
2) Prior to approval of any proposed development in
jurisdictional wetlands (as determined by SFWMD),
the petitioner shall submit a mitigation plan to
Collier County Project Review Services
Environmental Staff for review and approval, in
accordance with South Florida Water Management
District Appendix 7.
3) "Prior to any final approvals outside of Phase I
and the Classics Golf Course, the petitioner shall
submit protected species surveys and management
plans as required and approved by Florida Game and
Fresh Water Fish Commission."
14-6
[' 4'. :':3:
4) Ha~u~ock areas, as identified in the DRI/ADA will be
protected with clearing permitted only in those
areas specifically required to facilitate the
residential clu~ters and limited as much as
possible.
5) Existi.ng topographical control elevation in
sub-basins C-1 and A-5 shall be maintained.
STATE OF .FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, 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. 92-15
whtch was adopted by the Board of County Commissioners on
the lOth day of March, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners o~ Collter County, Florida, this /7th
day of March, 1992.
JAMES C. GILES .5~'.. .:.-..'*.* ..
Clerk of Courts and Clerk'
Ex-officio to Board of_--..'. -' ·
County Commissioners -': . :..
.,...,, .. ,
By: /s/Ellte Hoffman '~
Deputy Clerk
DEVELOPMENT ORDER 92- 2
RESOLUTION NUMBER 92-166
A RESOLUTION AMENDING DEVELOPMENT ORDER
NUMBER 85-3, FOR LELY, A RESORT
COMM~INITY, AS PREVIOUSLY AMENDED BY
RESOLUTIONS 85-249 AND 91-5; BY PROVIDING
FOR: SECTION ONE A, AMENDING THE MASTER
PLAN (EXHIBIT H); SECTION ONE B, AMENDING
SECTION 2, PARAGRAPH D, LAND USE
DISTRIBUTION; SECTION ONE C, AMENDING
SECTION 4.C.4, VEGETATION AND WILDLIFE
AND SECTION 4.C.6, OTHER CONSIDERATIONS;
SECTION ONE D, AMENDING SECTION 4.D.4,
4.D.5 AND 4.D.6, DEVELOPMENT COMMITMENTS;
SECTION ONE E, AMENDING SECTION 12;
SECTION TWO, FINDINGS OF FACT; SECTION
THREE, CONCLUSIONS OF LAW; AND SECTION
FOUR, EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA,
A/~D EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County,
Florida approved Development Order 85-3, known as Lely, A resort
Co,unity on May 21, 1985; and
WHEREAS, the Board of County Commissioners approved Resolutions
85-249 and 91-5, which amended the Lely, A Resort Community Development
Order, on November 26, 1985 and January 8, 1991 respectively; and
WHEREAS, the Application for Development Approval (ADA) was
incorporatE~d into and by reference made'a part of the Development
Order; and
~EREAS, the real property which is the subject of the Development
Order is legally described and set forth in Exhibit "A" to the
WHERe%S, the owners of the DRI property are desirous of amending
the Development Order; and
WHEREAS, Alan D. Reynolds, AICP of Wilson, Miller, Barton and Peek,
Inc., representing the Lely Development Corporation, has petitioned the
Board of County Commissioners to further amend the Lely, a Resort
Community Development Order; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the report and recommendations of the Southwest Florida
Regional Planning Council (SWFRPC) and held a public hearing on the
petition on February 6, 1992; and ~ ~517A~[23~
Words ~ are additions; Words s~r~k-%hr~u~h are deletions.
---- m m
WHEREAS, the Board of County Commissioners of Collier County has
reviewed and considered the reports of the SWFRPC and the Collier
· County Planning Commission and held a public hearing on the petition on
March 10, 1992;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~TY
:i~' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
;-' SECTION ONE: AMENDMENTS~ TO DEVELOPMENT ORDER:
':" A. Development Order 85-3, as amended, for Lely, a Resort
Community, is hereby amended to read as follows:
The Master Land Use Plan for Lely, A Resort Community, Development
Order 85-3, as previously amended is hereby further amended to effect a
:~. new Master Land Use Plan as shown on Exhibit H, attached hereto and
incorporated by reference herein. Master Land Use Plan, Exhibit H, as
herein referenced replaces the Master Land Use Plan made a part of the
. 7
ADA and PUD documents originally adopted.
B. Section 2, paragraph D. of Development Order 85-3, as amended
for Lely, a Resort Community is hereby amended to read as follows:
D. The applicant proposes the development of Lely, A Resort
Co~u~unity, Planned Unit Development, for 2,892 acres, 10,150
residential dwelling units, a 49 58 acre resort center with
350 hotel rooms and 315,000 sf of related commercial
three (3) golf courses, 820,000 square feet of retail/office
space on 84 acres, a 46.5 se acre cultural center site, and a
21.5 ~ acre school site and a 44.0 acre Community ColleGe
site.
C. Section 4, Paragraph C.4, Vegetation and Wildlife and
Paragraph C.6, Other Considerations, of Development Order 85-3, as
amended, for Lely, a Resort Community, is hereby amended to read as
':.J~ follows:
~' 4. Vegetation and Wildlife
The applicant shall implement detailed site inspection for
rare, endangered, threatened and special concern wildlife and
plant species, with special attention to the Red-Cockaded
Woodpecker, for each phase proposed for final plat approval.
The Florida Game and Fresh Water Fish Commission and DCA may
provide the applicant with suggested methodology and
information on plant and animal species to be inventoried.
The applicant shall notify the Florida Game and Fresh Water
Fish Commission and DCA of the results of the survey and the
methodology used prior to any development within that phase.
Should the survey indicate the presence of rare, endangered,
threatened and special concern species, the applicant shall
undertake appropriate protection measures, which measures
shall be approved by these agencies within thirty (30) days
of submittal by the applicant and prior to final plat
approval land any site development.
Words underliDed are additions; Words s~ruek-threugh are deletions.
-2-
Any protective measure approved by DCA and the Florida Game
and Fresh Water Fish Commission. pursuant to this provision.
shall be recorded in the official records of CoLlier Count~
and are hereby incorporated bY referenceL
6. Other Considerations
The Lely site plan includes a provision for a 44.0 5G acre
Community College site to be donated to Edison Community
.. 'College. The ADA indicates that the College will serve
approximately 2500 students. Chapter 27F-2, F.A.C.,
..... iDevelopments Presumed~to be of Regional Impact specifies that
any post-.secondary educational campus which provides for a
design population of 3000 full-time students or any expansion
of more than 20% of design population to an existing campus
in presumed to be a Development of Regional Impact.
D. Section 4~' Paragraph D.4, Water Managcment, Paragraph D.§,
Utilities, and Paragraph D. 6, Environmental Advisory Council of
Development Order 85-3, as amended, for Lely, a Resort Community, is
hereby amended to read as follows:
4. Water Management
a. Detailed water management construction plans shall be
submitted for approval to the
BeDa~men~ DeveloPment Services Director prior to
commencement of construction.
b. Surface Water Management Permits shall be obtained from
the South Florida Water Management District prior to the
commencement of development.
¢. The water management for the Lely Resort Community shall
implement water quality "best management practices" to
the extent possible.
wa~e~-managemen~-sys~ems-~o-~e~a½n-~he-ve~me-p~ed~ee~
by-e~%he~-~he-~s~-~h-o~-~o~-~r-the-~-yea~-~-ho~
seoz'm-eveneT-wh~cheYe=-~s-g=ea~e~--~es~dem~&a~-Hses
e-~-deve~pmen%-pa~e~s~-~e?-eer-ReT-an~-PS-dewe~opmen~
d. W~er aualitv will be provided for the development in
the ~ake system in accordance with SWFWMD's current
permittina reaulations.
Wa~e~-Ma~a~emen%-Ad¥~s~-B~amd-s%~p~a%~oBse
~ Be~a~ed-s~e-dra~nage-p~a~s-sha~-be-s~bm~%~ea-ee
k~ ~he-Wa%e~-Mama~emem~-Ad¥~so~y-Boa~d-~o~-~aw~ew-om-a
~ phese-bee~s-es-o~%½~ned-~n-~he-BR~--No
~ ~ons~om-pe~m~e-sha½~-be-~ss~ed-~n~ess-amd
~ ~n~½-app~ova~-o~-~he-p~oposed-conm~r~e~on-~m
~ a~ordanca-w~h-~he-~bm~ed-p~ans-~s-~an~e~-by
~ %he-WHAB?
1. An Excavation Permit will be required for the
proposed lakes in accordance with Collier County
Land Development Code. Division
Words underl~oed are additions; Words s~ck-~h~o~Sh are deletions.
.... ma~-be-amended-~n-ehe-~e~e~e?
Pr~ee-Sbree~-eo-~he-noreh-~ne-of-Rag~e-ereek
prs~ee~-by-be~ng-respens~b½e-for-~he-fo~ow~ng?
:~:" e? Perform~n~-ne~ee~ary-f~e½d-~urvey~-and
--. preparae~en-o~-~e~a~½ed-½eeae~en-map~-e~
': prepesed-~mprevemen~s~
deser~p~ensr-er-e~her-deeumenes~-requ~re~-by
~eeeesa~y-p~eper~e~-and~r-easemen~s-~heb
w~½-be-e~ea&ned-ab-~he-~ednty~s-e~pense-by
e~he~-nege~e~&ens-sr-by-mee~e-ef-em&nen~
Bubm{eta~-ef-neeessary-perm~bs-~e-apprepr~a~e
e~ene~es-fer-~he-p~epese~-~mprevemen~s?
'~'"~' ~:';* d~ Peepara~en-ef-de~a~ed-eensbruet~en-p~ane-an~
spee~eat~o~s-~er-use-by-eouney-~n-~he
eom~ae~-phase-e~-~he-p=oposed-~mp~o~eme~s
Prepara~en-e~-en-A~reemen~-be~ween-~he
deve~eper-e~d-Seun~-~e-eb~qaee-ehe-~eve~epee
prepese~-~mpreve~en~e~
dur~n~-~he-eens~ruee~en-phe~e-e~-~he-p~epese~
~mp~evemen~e-pre~ee~-and-eeher-e~s~eanee-~e
eeun~y-S~eff-es-requ~re~-b~-~he-eeunty-½n-~
~ee-the-prepeeed-~mprevemen~s~
2. 4~ Contingent upon acquiring appropriate
developer shall be responsible for the following
along its entire U.S. 41
frontage:
a. Construct necessary improvements to the borrow
canal along the northerly side of U.S. 41.
3. ST During Phase I, developer shall be responsible for
the following along Rattlesnake Hammock Road:
a. Clean-out of the two crossings under the road
near the N1/4 post of Section 21, Township 50
South, Range 26 East.
f~D b. Improvements to the Swale along the south side
C'~ of the road along the entire development
~ frontage to serve as a spreader facility in
~ the adjoining low lying wetlands.
~f9 4. 6= The "B-3 & 4" Canal (from northwest corner of
C2 Naples Manor across U.S. 41 to sufficient outlet in
~ wetlands in Section 3, Township 50 South, Range 26
~ East) shall be subject to developer/County
negotiations at the time of involvement with that
outfall.
Words ~ are additions; Words s~ruek-~h~ough are deletions.
5. Utilities ....
a. A centrab water.supply system shall be made available to
~, all areas of the project. The water supply source for
' the project shall be the Collier County system.
b. Ail aTeas~oD.the.proJect 'shall be served by a central
wastewater collection system, am~-by-a-was~ewate~
requ~=e~-~e-mee%-%he-p=ege~%-~eman~s= The wastewater
treatment and'disPosal souFce for the Dro~ect shall b,.
the Collier County System.
c. The development shall be in substantial compliance with
applicable .County laws and ordinances governing utility
provisions and facil~ties.
d. Telephone,. 9ower and T.V. cable service shall be made
available to the site.
e. Water and Sewer
1. Central water distribution and sewage collection
and tr~nsmission. System wilb be constructed
throughout the project development by the developer
pursuant to all current requirements of Collier
County and the State of Florida. The proposed
water and sewer facilities will be constructed
within easements to be dedicated to the County for
utility purposes or within platted rights-of-way.
Upon completion of construction of water and sewer
facilities within the project, the facilities will
be tested to insure they meet Collier County's
minimum requirements at which time, they will be
dedicated to the County pursuant to appropriate
County Ordinances and Regulations in effect at the
time dedication is requested, prior to being placed
into service.
Ail construction plans and technical specifications
and proposed plats, if applicable, for the proposed
water distribution and sewage collection and
transmission facilities must be reviewed and
approved by the Utilities Division prior to
commencement of construction.
3. Ail customers connecting to the water distribution
and sewage collection facilities will be customers
of the County and will be billed by the County in
accordance with a rate structure and service
agreement approved by the County. Re¥~ew-o~-the
Pr°~ese~-rates-an~-suBseq~ent-ap~r~va~-~y_~he_Baa~
°~'e°un%y-eemm~ss~oflers-must-~e-~omp~e%e~_pr~er_to
4. It is anticipated that the County Utilities
Division will ultimately supply potable water to
meet the consumptive demand and/or receive and
treat the sewage generated by this project. Should
the county system not be in a position to supply
Words ~ are additions; Words s~k-~h~h are deletions.
-5-
potable water to the project and/or receive the
project's wastewater at the time a Dbase of the
development commences, the Developer, at his
expense, or the Lely Community Development
District. will install and operate interim water
supply and on-site treatment facilities and/or
interim on-site sewage treatment and disposal
facilities adequate to meet all requirements of the
appropriate regulatory agencies.
5...-An agreement shall, be entered into between the
C~uDt~.and the Owner, or the Lely Community
DeveloPment District legally acceptable to the
County, stating that:
i. The proposed water supply and on-site
treatment facilities and/or on-site wastewater
treatment and disposal facil~ties, if
required, are to be constructed aD part of the.
proposed project and must be regarded as
interim; they shall be constructed to State
and Federal standards and are to be owned,
operated and maintained by the Owner, his
assigns or successors includina the Community
Development District. until such time as the
. . County's Central Water ond;or Sewer Facilities
are available to service the project.
~he&~-~ew&ew-amd-epp~oYa~7-a-s~he~e-o~-~he
ra~es-~e-Be-ehamged-~e~-p~ev~d~flg-pmeeessea
wa~er-and~o~-sewage-~ea~men~-~o-~he-p~gee~
a~ea~
~= The-pmepese~-use-By-%he-Be}y-Rese~%
Beve~epmen%-e~-%he-ex~s~n~-a~-pe~efl~a~y
e~pa~ab~e-Be~y-Es%e~es-Was~ewa%e~-T~ea%men~
~spesa~-se=¥~=es-eo-~he-p=oge=%~ When the
County Water-Sewer District's Central Water
and/or Sewer facilities are extended to and
available to provide service to this project,
a}}-was~ewaee=-~ene~a~e~-~=em the project
shall be permanently ¢gDDe~te~ d~Ye~e~ into
the County's Central Water and/Qr Sewer
Facilities.
ii. ~? Upon connection to the County's Central Water
Facilities, and/or Central Sewer Facilities,
the Owner, his assigns or successors shall
abandon, dismantle and remove from the site
the interim water and/or sewage treatment
facility and discontinue use of the water
supply source, if applicable, in a manner
consistent with State of Florida standards.
Ail work related with this activity shall be
performed at no cost to the County.
iii.&¥? Connection to the County's Central Water
and/or Sewage Facilities will be made by the
owners, their assigns or successors at no cost
to the County within 90 days after such
facilities become available.
228
Words underl~Ded are additions; Words s~=u¢~-~h=mu~h are deletions.
iv. wY Ail construction plans and technical
specifications related to connections to the
County's Central Water and/or Sewer Facilities
will be.submitted to the Utilities Division
for review and approval prior to commencement
of construction.
v. ¥~T The owners, their assigns or successors shall
agree to pay all applicable system development
charges at the time that Building Permits are
required,.pursuant to appropriate County
.. Ordinances and Regulations in effect at the
=_time_of Permit request. This requirement
shall be made known to all prospective buyers
of properties for which building permits will
be required prior to the start of building
con~tructlon.
Y_i~ ~T The County at its option may .lease for
operation and maintenance the water .
distribution and/or sewer collection and
transmission system to the project owner or
his assigns for the sum of $10.00 per year.
Terms of the lease shall be determined upon
completion of.the proposed utility
construction and prior to activation of the
water supply, treatment and distribution
facilities-and/or sewage collection,
transmission and treatment facilities.
6. Data required under County Ordinance No. 80-112
showing the-availability of sewage service, must be
submitted and approved by the Utilities Division
prior to approval of the construction documents for
the project. Submit a copy of the approved DER
permits for the sewage collection and transmission
systems and the wastewater treatment facility to be
utilized., upon receipt thereof.
~n~e~½m-use-o~-~he-Be~y-Es~a~es-Sewa~e-~ea~men~
Fae~ey-es-a-se~ee-e~-sewa~e-%~ee%men%-and
d~spesa~-~e~-%he-p~egee~Xs-was%ewa~em-~ews=--The
~ma~e-use-e~-e-ee~n~y-owne~-and-ma~n~a~e~
addressed=
7, 8= Any items within the ADA document which conflict
with the above stipulation shall be considered
void.
Environmental Advisory Council Stipulations:
Reseu~=es-Mamegemene-Bepe=%men%-end-~he-eemmHn½~y
may-Be-sHbm~ed-~m-phases-%e-ee~ne~de-w~h-~he
deYe}epmen~-sehed~eT--The-s&~e-=~ea~mg-p~en-sha~
pess&b}e-and-how-=oads?-b~½d~ngsT-½akes-pa=k~g-½e~sT
~= $~te clearina permit review Procedures shall be in
accordance with Section 3.9.6 of the Collier County Land
Development Code.
Words underlined are additions; Words s~ruek-~hreugh are deletions.
--7--
des~n?--A-~andscaping-~an-w~kt-be-subm½~ted-~e-the
eemm~n&~y-Beve}epmen~-Bepar~men~-fer-~he~r-re¥&ew-and
app~cYa~--?h~s-p~an-w~-dep~c~-~he-~neerpe~ae~en-e~
ne~&Ye-spee&es-end-~he~=-m~M-w~h-e~he~-spee~esT-~f-eny?
The-gca}-e~-s~e-~andseap~ng-sha}}-be-ehe-~ee~ea~en-e~
ne~&ve-Yege~ae&cn-and-hab~ae-eha~ac~er½s~cs-}ese-en
b. The use of native species in landscape plans shall be in
accordance with Section 2.4.4.1 of~ Collier County
Land Development Code as adopted October 30. 1991.
Be-=emcYed-du=~n~-eac~-p~ase-e~-eens~e~½en-~rcm
6eve}e~men~-a=ees~-epen-s~aee-and-~ese~ve-a=eas=
Po}~cw~ng-s~e-deve½e~mem~-a-me&n~enanee-p~eg~mm-s~a~}
- be-~½emen~ed-~e-preve~-re~nvas~en-ef-~he-s~e-By-s~e~
e~e~½c-sgee&es=--Th~s-9}an~-wh&ch-w~-dese~Be-cenere~
~echn½q~es-end-&nspee~&en-~n~e~va}s~-she~-~e-~A~ed-w~%h
end-agp~eved-~y-~he-Na~=a~-Reseu~ees-Managemen~
~e~ar~men~-end-~he-eemm~n&~y-Beve}e~men~-Bepa=~men~
c. Prohibited e~otic vecetation removal shall be uerformed
in accordance with Section 3.9.6.6 of the Collier County
L~d D~VeloDment Code.
e~he~-cense~e~&ena}-aee&v~es~-an-arehaee}eg~ea}-e=
d&seeve~ed?-a}}-deve}e~men~-a~-~he~-~eca~en-sha}~-be
&mmed&a~e}y-s~e~ged-mnd-~he-Ne~u~a~-Reseurees-Managemen~
Bepa~men~-ne~&f&ed=--BeYe~e~men~-w~-Be-s~spended-fe~
Reseu~ces-Menagemen~-Be~er~men~-e~-a-des~gna~ed
ccnsu~en~-~e-assess-~he-~&nd-and-deee=m&ne-~he-~epe=
cc~=se-ef-ae~en-~n-~he-~&nd-and-de~e~m~ne-~he-~e~e=
Na~ura~-Rese~=ces-Manegemen~-Be~a=~men~-w~-~es~end-~e
eny-such-nee&f&ea~en-~n-a-e&me~y-and-ef~&e~ene-manne=
eens~ruce~ene~-ac~v~½es?
d. ~rocedures recardinc any historical or archaeolocical
sites identified shall be in accordance with Section
2.~.2§ of the Collier County Land DeveloDme~ ¢ode~
e, The followin~ table summarizes native vecetation to be
retained in the Lely Resort Community:
PR District :
~0 District :
~C District 111.3 acres
i?~' Subtotal 466.2 a¢~
Acreaces and land use districts shall be as defined in ~
Collier County Ordinance 85-17 as amende,O~
are additions; Words stt-u~k-th~,ough are deletions.
An additional 45.6 acres of native vegetation shall be
retained in the CO District. until such time as th~
developer elects to utilize Section 11.02¢7) of the
PUD that allows for development of up to 20% of the CO
District, At that tim9 the developer shall
'~"~emonstrate. as a condition of Final APproval from
:~''Collier'~0untv for ~ve~opment of any "co" area. that
an eGuivalent amount of native vegetation has been
retained elsewhere in the project Cnot ipcludinq
platted single family .lots) to compensate for any
permitted. CI development acreage, UP tO a .total of
· ~ .- 45.6 acr~$~
f. Prior to ap~roval of any proposed development in
Jurisdictiopal wetlands (as dgtermined bv SWFWMD). the
p_e=.titioner shall ~gb~!_t~a mitigation pIan to Collier
County Projgg_t~Review Services Environmental. Staff for
' :~ review end'.approval, in accordance with SQgth Florid~
Water ManaGement District Appendix 7.
~. ~= -Hammock areas, as identified ~ the DRI/ADA
~, will be protected ~Yen-spe~e~-eens~era~½e~-~n-~he
with clearing permitted only in those areas specifically
required to facilitate the residential cjusters and
limited as much as possible.
h. f= Existing topographical control elevation in sub-basins
C-1 and A-5 shall be maintained.
~e~-e~-Bas~-B-~-~e-~he-h~s%e~a~-~eYe~s-wh~h-w~
be-marke~-by-Brv-B~B~n-Tebb-and-we~ed-by-the-Na%~a~
Resou~e-Management-Bepa~mem%~
E.~. Section 12 of Development Order 85-3, as amended, for Lely, a
Resort 'Community is hereby amended to read as follows:
Section 12. The Collier County Project Services Director~
eemm~n~ty-BeYe~epment-A~m~s~a~e~ shall be the local official
responsible for assuring compliance with this Development Order.
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the proposed
amendment is legally described as set forth in Exhibit A, attached
hereto and by reference made a part hereof.
B. The application is in accordance with Section 380.06(19),
Florida Statutes.
C. The applicant submitted to the County a Notice of Change to
Previously Approved DRI known as Exhibit B, and by reference made a'
part hereof.
D. The applicant proposes the development of Lely, a Resort
Community on 2892 acres of land for commercial, residential, cultural
and residential tourist uses. ~0~( ~51PA~[241
Words _underlined are additions; Words s~=uck-%h~ugh are deletions.
-9-
E. A comprehensive review of the impact generated by the
proposed changes to the previously approved development has been
conducted by the County's departments and the SWFRPC.
F. The development..is.not-utn-an._ar~a--designated an Area. of
Critical State c°ncer~"~ursua~"~'~he p~ovisions of Section 380.06,
Florida Statutes,..as amended
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed.changes to the previously approved Developmen=
Order do not co~sti~;%te.a.s~bstantial. ....... de~iation, pursuant to S,ction
'380.06(19), Florida Statutes. The.=coDe.of the development to be
permitted pursuant to this Development Order Amendment includes
operations described in the Notice of Change to a Previously Approved
DRI, Exhibit B, and the Lely, a Resort Community, Planned Unit
Development Document, Exhibit C, attached hereto and by reference made
a part hereof.
B. The proposed changes to the previously approved Development
Order are consistent with the report and recommendations of the SWFRPC.
C. The proposed changes to the previously approved development
will not unreasonably interfere with the achievement of the objectives
of the adopted State Land Development Plan applicable to the area.
D. The proposed changes to the previously approved development
are consistent with the Collier County Growth Management Plan and the
Land Development Regulations adopted pursuant thereto.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DEPARTMENT OF COM)CdNITY AFFAIRS AND
EFFECTIVE DATE
A. Except as amended hereby, Development Order 85-3, together
with previous amendments, shall remain in full force and effect,
binding in accordance with its terms on all parties thereto.
B. Copies of this Development Order 92- 2 shall be transmitted
immediately upon execution to the Department of Community Affairs
Bureau of Land and Water Management and the Southwest Florida Regional
Planning Council.
C. This Development Order shall take effect as provided by law.
Words underlined are additions; Words ~-~h~h are deletions
-10-
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner Saundars offered the foregoing
R, solution, and.mo¥.ed.fgr its edoptio.n, s.econded by Commissioner
~ and upon roll call, the vote was:
AYES: Commissioner Saunders, Com~issioner Goodnight, Commissioner ~nnhan and
Co, ss toner Hesse
NAYS:
ABSENT AND NOT VOTING: ComTisstoner Volpe
ABSTENTION:
Done,this ~l__'day of ~__ , 1992.
,.', .... "' Richard S. Shanahan, V~ce-Chairman
Approved a'-~ 'to form and legal sufficiency:
MARJO~IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
DOA-91-5 Resolution/nb/7419
Words ~ are additions; Words st~ek-threugh are deletions.
-11-
Ail that part of Section 21, To~n~hip 50 South, Range 26
East, collier County Florida being more particularly
described as follows:
'i' commencing at the Northwest corner of said section 21, thence
ill along the west line of said Section 21, South 2"-58'-09"
West, 50.11 feet to the South right-of-way line of C.R. 864
(Rattlesnake Hammock Road); thence along said right-of-way
.line, South 89"-13'-25" East, 1596.21 feet to the Point of
Beginning of the parcel herein described:
thence continue along said right-of-way line, South
89"-13'-25" East, 1049.56 feet;
thence continue along said right-of-way line, South
89'-14'25" East, 2617.27 feet to a point on the east
line of said Section 21;
thence along the east line of said Section 21, South
· 4.-03'-03" West, 5134.63 feet to the Southeast corner of
said Section 21;
thence along the south line of ~aid Section 21, North
89"-28'-16" West, 5166.93 feet to the Southwest corner
of said Section 21;
thence along the wes't line of said Section 21,
2--58'-08" East, 2187.29 feet;
thence leaving the west line of said Section 21, North
51--51'-57" East, 1418.70 feet;
thence northeasterly and northerly, 695.56 feet along
the arc of circular curve concave to thenorthwest,
._.: .~ ..... .'-having. a radius of 810.00 feet and being subtended by a
chord which bears North 27'-15'-56" East,. 674.39 feet;
thenc9 North 2"-39'-54" East, 2.58 feet;
thence northerly 136.03 feet along the arc of a circular
curve concave to the west, having a radius of 1390.00
feet and being subtended by a chord which bears North
0"-08'-19" West, 135.98 feet;
thence'North 87"-03'-29" East, 227.18 feet;
thence North 16"-18'-47" East, 890.35 feet;
thence North 18"-20'-17" West, 483.06 feet to a p6int on
the South right-of-way line of C.R. 864 (Rattlesnake
Hammock Road) and the point of beginning of the parcel
herein described:
AND
Section 22, Township 50 South, Range 26 East, less and except
the North 1/2 of the Northwest 1/4 and less and except the
Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4,
lying west of C.R. 951, Collier County, Florida,
AND
Section 27, Township 50 South, Range 26 East, lying west of
C.R. 951, Collier County, Florida,
AND
Section 28, Township 50 South, Range 26 East, less and except
that land as described in O.R. Book 542, Page 765, Collier
County..Public Records,
~D
That par~ of the East 1/2 of Section 33, Township 50 South,
Range 26 East, lying north of U.S. 41, (Tamiami Trail)
Collier County, Florida.
· AND
That part of Section 34, Township 50 South, Range 26 East,
lying west of C.R. 951, Collier County, Florida,
That part of Section 3, Township 51, South, Range 26 East,
lying North of U.S. 41, (Tamiami Trail) and West of C.R. 951,
less and except a 220' x 220' lot at the intersection of U.S.
41 (Tamiami Trail) and C.R. 951, and more particularly
described in O.R. Book 124, Page 459 of the Public Records of
Tallahassee, Florida 32399
(9D4) 4~8-4~5
NOTIFI~TION 0F A PROPO~ C~GE TO A ~OU~Y
D~LOP~E~ OF REGION~' I~A~
SQBSECTION 380.06 (19), F~DA ~A~S
Subsec=ion 380.06 [19), Florida s=a=u=es (I985}, re~ires
the= submi=~al o~ a proposed ch~ge to a previously approved
be m~e ko the local 9ove=nmen=, =he r~gional plying council,
(~evelope=
app=ove~ Developmen= ~f Regional Impac= in accordance with
Subsection ]80.06 (1~], Flocida Statutes (1985). In
th~=eof, I submit the followin~ ~nforma=ion concerning the
(original a current ~ro~ec~ no.es)
development, ~bich info=ma~ion is true ~d co~r~c~ to the
best of my knowledge. I have submitted t~=y, u~er
separate cove=, copies of this complet~ notification
Colliec ~un~
[local gover~en=)
=0 ~he S~=~= Florida Regional Plannin~ Council, and
to the Bureau of Resource Management, Depar=m~t of
Community ~fai:s.
2. Appll=an~ (na~e, ad,rest, ~honu). S~ A~~
3. Au=horiz~d Agen= (n~e, addrsss, phone). S~ A~A~ A
4. Loca=ion (City, Court=y, Township/Range/S~c=ion) of approved
' DAI ~a FroFos~ ~. ..~ EXHIBIT
ige Tuo~ ;-.~..~: 'L~:~': -' '~.,. ..
Provide.~ complete description of the proposed change.
Include any proposed changes ~o the plan of 6evelopment,
phasing, additional landso commencement date, build-out date,
devclopmcnt order conditions and'requi£ements, or in =he
representations contained in either the development
the Application fo'r Development Approval.
Indicate such changes o4q the pro,eot m~er site plan,
supplementing with other detailed'maps, as appropriate.
Additional information may be requested by the Department to
change oc the £esulting l~pac=s.
clarify
the
nature
the
'RJ~TOA. T T.A~ 2, 3 a~d &.
Complete the following table for all !and use types ~pproved
in the deveXopment. I~ no change is proposed or has
occurred, please indicate no change.
~~T
OF C~NGE PROPOSED ORIGIN~ P~OUS D.O.
~D USE ~TEGORY ~ P~N ~GE + DATE
ion/ % Parking Spaces
~t Rec:eation I Spectators
t Seats
S~te locational changes
~ Ac:cage, including "
d:ainage, R~, easements, etc.
t External Vehicle
D.O. condit~ons
~A tepresen:a:ions
~:pozts Runway (length1
.: Runway (sttength~
Terminal (gross s~are fee:)
'"' t Parking Spaces
% Gates
Ap:on Area (gross square ~eet)
.:~ S~te locattonal changes
Ai~o:t Acreage, including
drainage, RO~, easements, etc.
t External Vehicle T:ips
D.O. conditions
~A teptesentat~ons
-Hospit~l~ t Beds
I Parking Spaces
Building (gross ~qua=e ~eet) -
~.. S~te ~ocattonal changes H/A
Acreage, including
drainage, ROW, ease~en:=, etc.
I Ex:e=nal Vehicle
BP,/4-0 B-B 6
Page Three
TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS D.O.
LAND USE CATEGORY PLAN PLAN CHANGE + DATE
· . Industrial- Acreage, including
:;' '" -' drainage, ROW, easements, etc.
~ Buildings (gross square feet)
~ Employees
': ...... Chemical storage
.... :'~:; .... (barrels and lbs.)
t External Vehicle Trips
D.O. conditions
ADA representations
Mining Acreage mined {year)
.......... Op~Tations .... Water Withdrawal (Gal/day~
.................... S'i~ ~'Mine {acres), includ~ng
drainage, ROW, easements, etc.
Site locational chan~es
~ External Vehicle
Trips
D.O. conditions
ADA representations
Office Acreage, including
drainage, ROW, easements, etc.
[Ii Building (gross square feet)
.~ % Parking Spaces
t £~ployees MINO~
i Site locational changes AND PHASING OF
% External Vehicle SQUARE FOOTAGE
Trips
~ D.O. condition~
ADA representations
t Petroleum/Chem. Storage Capacity
Storage {barrels and/or lbs.)
Distance to Navigable N/A
Waters (feet)
Site lopational changes
Facility Acreage, including
drainage, ROW, easements, etc.
~.~ ~ External Vehicle
Tri~s
D.O. conditions
BRM-OS-86
Page Four~
~BSTA~TIAL DEVIATION .C~A~T (con~nundl
TYPE OF CHANGE. PROPOSED ORIGINAL PREVIOUS D.O.
LAND USE CATEGORY ' PLAN PLAN CH.~/{GE + DATE
Ports (Xarinas) t boats, wet Sterao. e
, ~ boats, dry storage
' D~edge and fill (cu.yds.) N/A
Petroleum storage (gals.}
Site locational changes
Port Acreage, inclu~ing-
drainage, ROW, easements, etc.
% External Vehicle
Trips
D.O. conditions
ADA representations
Residential # dwelling units Minor acreage and site
Type of dwelling units locatio-al changes and
Acreage, including (~e[er to Attachments
~ drainage, ROW, easements, etc. Z and 11)
.:. Site locational changes
~ External Vehicle
~ Trips
%' D.O. conditions
ADA representations
Wholesale, Acreage, including Minor acreage and s~,te
Retail, drainage, ROW, easements, etc. locatioual chauSes aaa
~' Se~i~e Floor Space (gross square fee~} 9has~u~ of square
~'~ S Parking Spaces foo~aEe. (Refer ~o
'. ~ Employees At,acCents 2 au4 ~1)
Site locational chan~es
% External Vehicle
' Trips
D.O. conditions
~A represen:a=ions
Hotel/Motel f Rental Units
Floor Space (gross square feet)
' ~ Parking Places No c~8e other
~ Employees phastns Of hotel
~ Site locational changes .and square footaEe.
~)~. Acreage, including
~.%.. drainage, ROW, easements, etc.
~ External Vehicle
. Trips
(' D.O. conditions
~A representations
[ ·
Pa~e Five
.... SU~STANTiA~-D£V!ATiON.,CHART (cont~nuedl
TYPE OF CBANGE PROPOSED ORIGINAL PREVIOUS'P.O.
LAND USE .. CATEGORY PLAN PLAN CHANG~ + DATZ
R.V. Park Acreage, including
drainage, ROW, easements, etc.
~ ParkiKg Spaces
Buildings (gross sguare feet)
~ Employees
;Site locational changes
% External Vehicle
Trips
D.O. conditions
ADA representations
Open Space Acreage
(All natural Site locational changes
and vegetated Type of open space
non-impervious D.O. conditions
surfaces) ADA representations
Preservation~ ' Acreage ACltEAGES~~
Buffer or Special Site locational changes ·
Protection Areas Development of site proposed
D.Oo conditions
ADA representations
Note: If a ~esponse is to be more than one sentence, attach
a detailed description of each proposed change and copies of
the proposed modified site plan drawings. 'The Bureau may
request additional information from the developer or his agent.
7. List all the dates and resolution numbers ~(or other
appropriate identification numbers) of'all modifications or
amundments to the originally approved DRI development order
that have have been adopted by the local government, and
provide a brief description of the previous changes (i.e. any
information not already addressed in the Substantial Deviation
Chart). ~as there been a change in local government
jurisdiction for any portion of the development since the last
approval or development order was issued? If so, has the
annexing local government adopted a new DRI development ordur
for the project?
SEE ATTAC~H]fNTA
8. Describe any lands purchased or optioned within 1/4 mile of
the original DRI site subsequent to the original approval or
issuance of the DR! development order. Identify such land,
.its size, and intended use on a project master site plan or
other map. N/A
' BRM-08-86
< Page S£x
.SUBSTANTIAL DEVIATION D£T£~IINATION
..... ~ke_p~ppps%~ cha~pe =o ~he previously approved DRI or
· deve!opm.en.t.prder condition does not meet or exceed any of the
criter!~ liste5 ~n the DRI d~velop~ent order or in
380.06(19)(b), Fiorid~ S~a~u=es, ~hen ~he local
~u=lsdic=ion over the deve]opm~t must hold a
make a d~terminat£on as to.whether. ~uch proposed changes constitute
a substantial deviation and ~ill cause the development to be
subjec9 to further development-of-regional-£mpact review. I~ the
local government determines that the proposed change does not
requ£~e further development-of-reGional-impact review and is
otherwise approved, the local government must issue an amendment to
the development order incorporating =he approved change and
conditions of approval rela=~ng to the change, subject to the
appeal provisions of Subsection 380.06(19)(f), F.S., and Section
380.07, F.S.
Provide the following for incorporation into such an amended
development order, pursuant to Subsections 380.06 (15), F.S., and
93-2.025, Florida Administrative Code:
9. An updated master site plan or other map of the ~evelopment
portraying and distinguishing the proposed changes to the
previously approved DRI or development order condltions.
Refer ~o ~=ach~euC 2. (Has=er Land Use Plan P. Z-~Sh).
10. Pursuant to Subsection 380.05(19}(f}, F.S., ~nclude the
~recis6 language that is beinG proposed to be deleted or
added as an amendment to the development order. This
language should address and quantify:
a. A~i proDosed specific changes to the nature, phasing, and
build-out date of the development~ to development order
conditions and requ£=ements; to commitments ar~
representations in the Application fo£ Development Approval=
to ~he acreage attributable to each de~cribed proposed change
of land use, open space, areas for preservation, green belts:
to structures o~ to other improvements £ncludin9 locations,
'square footage, number of units; and other major
A ch~racteristfcs or ~omppn~t% of the proposed chanperRefer
==acumeuc 10, and Atta~nmen= ~ =or proposea changes.
b. An updated leGal'description of the property, if any project
acreage is/has been added or deleted to the previously
approved plan of development~
NO C~CE
c. A proposed ~mended development order deadline for commencing
physical development of the proposed changes, if applicable;
d. A proposed amended development or,er termination aate
reasonably reflects the time required to complete the
development: No
"BR}I-08-.86 ........
Page Seven
i"'- e. A proposed amended development order date to which the local
~! governmentagrees that the changes to the DRI shall no= be
~i· subject to.down-zoning, unit density reduction, or intensity
reduction, if applicable; and
N/A
f. Pro~o%ed amended development order specificat~ons for the
annual report, including the date of submission, contents,
and parties to whom the report is submitted as specified in
~ubsection 9J-2.025 (7), F.A.C.
If the proposed change meets or exceeds substantial
deviation criteria listed in the DRI development order, or in the
criteria listed in Subsection 380.06(19)(b), F.S., then the
proposed change is a substantial deviation and shall be subject
to further DRI review without the necessity for a public hearing
and determination by the local government.
ATTACHMENT 15
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
LELY, A RESORT COMMUNITY
PREPARED BY~
WILSON, MILLER, BARTON & PEEK, INC.
ENGINEERS, PLANNERS & LAND SURVEYORS
3200 Bailey Lane at Airport Road
Suite 200
Naples, Florida 33942
March 1992
Date Approved by CCPC~ May 2, 1985
Date Approved by BCC: May 21, 1985
Ordinance Number:' 85-17
Date Amended by BCC: March 10, 1992
Amending Ordinance Number:
EXHIBIT "C"
,o,,
iNDEX
PAGE
,List of Exhibits and Tables
Statement of Compliance and Short iii
Title
SECTION I Property Description and Ownership 1-1
SECTION II Project Development 2-1
SECTION III R Residential 3-1
SECTION IV C-1 Commercial/Community 4-1
SECTION V C-2 Commercial/Professional 5-1
SECTION VI C-3 Commercial/Neighborhood 6-1
SECTION VII % EC Edison College 7-1
SECTIONIVIIi CC Cultqral C~nter 8-1
R~ Resort Center 9-1
SECTION IX
SECTION X GC Golf Course 10-1
SECTION XI CO Conservation/Open Space 11-1
SECTION XII PR Cypress Preserve 12-1
S~CTION XIII PS Park/Elementary School
SECTION XIV General Development Commitments 14-1
LIST OF EXHIBITS AND TABLES
EXHIBIT H ~astar Land ~se Plan
(Prepared by Wilson, Miller, Barton
& Peek, Inc. File No.RZ-198
TABLE I Estimated Market Absorption Schedule
TABLE II A Development Standards 'R' Residential Areas
TABLE II B Development Standards 'R' Residential Areas
SECTION
· .. PROPERTY DESCRIPTION A~D C%'rNERSHIP
1.01 INTRODUCTION, LOCATION AND PURPOSE
It is the intent of Lely Development Corporation
(hereinafter called "applicant or developer") to develop A
Planned Unit Development (P.U.D.) on approximately 2892.5
acres of property located in Collier County, Florida. The
subject property is generally bordered on the west by Lely
Estates, on the north by CR 864 (Rattlesnake Hammock
Road), on the east by CR 951 (Isle of Capri Road), and on
the south by U.S. 41 (Tamiami Trail East). It is the
purpose of this document to establish the standards and
guidelines for the future development of this property.
1.02 LEGAL DESCRIPTION
All that part of section 21, Township 50 South, Range 26
East, Collier Ccunty Florida being more pa~ticularly
described as follows~
Commencing at the Northwest corner of said Section 21,
t~ce-&long'%-h%-%~s~"line of said Section 21, South
2v-S8'-09" West, 50.11 feet to the South right-of-way line
of C.R. 864 (Rattlesnake Hammock Road); thence along said
right-of-way line, South 89~-13'-25" East, 1596.21 feet to
the POINT OF BEGINNING of the parcel herein described:
thence c~ntinue along said right-of-way line,
South 89 -13'-25" East, 1049.56 feet;
thence c~ntinue along said right of-way line,
South 89 -14'-25" East, 2617.27 feet to a point on the east
line of said Section 21;
t~ence along the east line of said Section 21, South
4'-03'-03" West, 5134.63 feet to the Southeast corner of
said Section 21;
thence a~ong the south line of said Section 21,
North 89 -28'-16" West, 5166.93 feet to the Southwest corner
of s~id Section 21;
the~c~ ~long the west'line of said Section 21,
Norkh 2 -58'-08" East, '2187.29 feet;
thence 1.~aving the west line of said Section 21,
North 51 -51'-.57' East, 1418.70 feet~
thence northeasterly and northerly, 695.56 feet along the
arc of a circular curve concave to the northwest, having a
radius of 810.~0 feet and being subtended by a chord which
bears North '27o-15'-56" East, 674.39 feet;
thence North 2 -39'-54" East, 2.58 feet;
thence northerly 136.03 feet along the arc of a circular
curve concave to the west, having a radius of 1390A00 feet
and being subtended by a chord which bears North 0~-08'-19"
West, 135.98 fe~t;
thence North 87'-03'-29" East, 227.18 feet;
thence North 16°-18'-47" East, 890.35 feet;
thence North 18°-20'-17" West, 483.06 feet to a point on the
South right-of-way line of C.R. 864 (Rattlesnake Hammock
Road) and the point of beginning of the parcel herein
described:
Continued on next page
Continued from previous page
AND
,Section 22, Township 50 South, Range 26 East, less and
except the North 1/2 of the Northwest 1/4 and less and
,except the Northeast 1/4 of the Southeast 1/4 of the
Northeast 1/4, lying west of C.K. 951, Collier County,
Florida,
AND
Section 27, Township 50 South, Range 26 East, lying west
of C.R. 951, .Collier County, Florida,
AND
Section 28, Township 50 South, Range 26 East, less and
except that land as described in O.R. Book 542, page 765,
Collier County Public Records,
AND
That part of the East 1/2 of Section 33, Township 50
South, Range 26 East, lying north of U.S. 41, (Tamiami
Trail) Collier County, Florida,
AND
That part of Section 34, Township 50 South, Range 26 East,
lying west of C.R. 951, Collier County, Florida,
AND
That part of Section 3, Township 51 South, Range 26 East,
lying North of U.S. 41, (Tamiami Trail) and West of C.R.
951, less and except a 220' x 220' lot at the intersection
of U.S. 41 (Tamiami Trail) and C.R. 951, and more
particularly described in O.R. Book 124, Page 459 of the
Public Records of Collier County, Florida.
All subject to easements and restrictions of record.
PROPERTY
The subject property is currently under the ownership and
control of Lely Development Corporation, Triangle
Properties Southwest, Inc., Resort Development of Collier
County, Inc., Flamingo Investment Southwest, Inc., Eagle
Consolidated, Inc. and Associated Real Estate Southwest,
Inc.
1-3
00,
SECTION II
PROJECT DEVELOPMENT
: 2..01 PURPOSE
The purpose of this Section is to generally describe the
plan of the development and delineate the general
conditions that will apply to the project.
':' 2.02 GENERAL PLAN OF DEVELOPMENT
Lely Resort is a planned community including a mixture of
residential use, commercial-and community-oriented
facilities, and recreational, conservation, and water
management-related elements.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
a. Regulations for development of Lely Resort PUD shall
be in accordance with the contents of this document,
DRI Development Order 85-3 as amended by Resolution
85-249, together with sections of the Collier County
Land Development Code and Ordinances in effect at the
time subsequent development order applications, to the
extent applicable ordinances or codes do not conflict
with or restrict development rights, development
conditions, and development mitigation contained in
this document or the Development Order. Where these
regulations fail to provide development standards, the
provisions of the most similar district in the County
Land Development Codes shall apply.
b. Unless otherwise noted, herein or in the development
order, 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 future
development order applications.
2.04 FRACTIONALIZATION OF TRACTS
a. When the developer sells an entire Tract or a building
parcel (fraction of a Tract) to a subsequent owner, or
proposes development of such property himself, the
developer shall provide to the Development Services
Director or his designee (hereinafter called
Development Services Director) for approval, prior to
the sale or development of such property, a boundary
~ drawing showing the tract and the building parcel
~! there~n (when applicable) and tn the case of a
residential area, the number of dwelling units of each
residential type assigned to the property and in the
case of a commercial area, the square footage as=igned
to the property.
~ b. In the event any residential tract or building parcel
; Is sold by any subsequent owner, as Identified in
Section 2.04(a), in fractional parts to other parties
for development, the subsequent owner shall provide to
the Development Services Director, for approval, prior
to the sale or development of a fractional part, a
boundary drawing showing his originally purchased
tract or building parcel and the fractional parts
therein and the number of dwelling units assigned to
each of the fractional parts.
The drawing shall also show the location and size of
access to those fractional parts that do not abut a
public street.
c. In the event a commercial tract or building parcel is
.t sold by any subsequent owner, as identified in Section
2.04(a), in fractional parts to other parties for
development, the subsequent owner shall provide to the
- Development Services Director, for approval, prior to
the sale or development of a fractional part, a
boundary drawing showing his originally purchased
tract or building parcel and the fractional parts
therein, and the commercial square footage assigned to
the property. The drawing shall also show the
location and size of access to those fractional parts
that do not abut a public street.
d. In evaluating the fractionalization plans the
Development Services Director's decision for approval
or denial shall be based on compliance with the
criteria and the development intent as set forth in
this document, conformance with allowable
accessibility of the fractional parts to public or
private roadways, common areas, or other means of
ingress and egress.
e. If approval or denial is not issued within fifteen
(15) working days, the submission shall be considered
automatically approved.
f. This section is intended to provide a mechanism
whereby developer, its successors and assigns, could
2-2
i' convey tracts or parts of tracts prior to development,
whether platted or unplatted, and assign dwelling
: units or commercial square f~,otage thereto. The
contents of this section are not intended, nor do they
alleviate, the requirement, if any, to plat any tract
' ' or parcel created by fractiona~lzation p~ior to .-
physical development of said tract or parcel.
2.05 LAND USES
Land use types with approximate acreages and total
dwelling units are indicated on Exhibit "H" Master Land
Use Plan RZ-198. Changes and variations in design and
acreages shall be permitted to accommodate topography,
vegetation, and other site conditions during construction
plan and final plat approval. The specific location and
size of individual tracts and the assignment of dwelling
units thereto shall be determined at the time of Site
Development Plan approval in accordance with the Collier
County Land Development code.
The final size of the recreation and open space lands will
depend, on the actual requirements for water management,
golf qourse layout, roadway pattern, and dwelling unit
size ~n~ configuration,.
~; 2.06 PROJECT DENSITY "'
The total acreage of the Lely Resort property is
approximately 2892.5 acres. The maximum numbe~ Of
dwelling units to be built on the total acreage ~s 10,150.
The number .of dwelling units per gross acre is
i!. approximately 3.5. The density on individual parcels of
land throughout the project may vary according to the type
of housing placed on each parcel of land but shall comply
with guidelines established in this document.
2.07 PERMITTED VARIATIONS OF DWELLINGS UNITS
All properties designated for residential uses may be
developed at the ~aximum number of dwelling units as
assigned under Section 2.04, provided that the total
number of dwelling units shall not exceed 10,1S0. The
Development Services Director shall be notified
accordance with Section 2.04 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 i0,150. Approximately
1850 single family units and 8300 multi-family units have
been planned, variations from these numbers shall be
permitted provided that the maximum number of dwelling
unihs by type shall not vary by mote than twenty [20)
percent. The maximum number of dwelling units shall
include all caretaker'~ units but does not include the
designated hotel rooms.
2.08 DEVELOPMENT SEQUENCE AND SCHEDULZ
The applicant has not set "stages" for the development of
the property. Since the property is to be developed over
an estimated 40-year-time period, any projection of
project development can be no more than an estimate based
on current marketing knowledge. The estimate may, of
course, change depending upon future economic factors.
Table III indicates by phase, the estimated absorption of
units for the estimated 40 year development period.
Recreational facilities shall be constructed upon
completion of the corresponding phase as shown on Table
I.
2.09 PRESERVATION OF NATURAL VEGETATION AND TREE REMOVAL
Clearing, grading, earthwork, and site drainage work shall
be performed in accordance with the Development Standards
outlined in this document subject further to applicable
provisions of the Land D~elopment Code.
2.10 EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas,
utilities and other purposes as may be needed. Said
easements and improvements shall be in compliance with
Division 3.2 of the Collier County Land Development Code
in effect at the time a permit is requested or required.
All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance with applicable regulations in effect at the
time approvals are requested.
2.11 ~XCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS
The following requirements shall he waived:
a. Division 3.2, Section 3.1.8.4.1. of the Land
Development Code: Access. The Development Services
Director may approve minor relocation of proposed
access points as shown on the P.U.D. Master Plan.
Additional access points shall be subject to the
2-4
approval of the Collier County Planning Commission.
The petitioner shall submit an access plan to Project
Review Services for review prior to the CCPC Hearing.
b. Division 3.2, Section 3.2.8.4.16.5. of. the Land
Dev,lopment Code ~ Strew= Pa¥~ment Width~ (Waive
requirements for local''rOads to have two (2) twelve
foot lanes, subject to the approval of the County
--'Engineer.'
c. Division 3.2, Section 3.2.8.4.16.6. of the Land
Development Code~ Dead End Streets. (Waive
requirements that cul de sac streets shall not exceed
one thousand (1,000) feet in length.)
d. Division 3.2, Section 3.2.8.4.16.8. of the Land
Development Codes Curb Radii (Reduce requirements
from forty (40') foot radius to thirty (30') foot
radius at local to local road and local to minor
collector road intersections only).
e. Division 3.2, Section 3.2.8.4.16.9. of the Land
Development Code: ~n. tersections requiring curved
streets to have a minimum tangent of 75 feet at
intersections.
2.12 LAKZ SITING
AS depicted on Exhibit H, Master Land Plan (RZ-198), lakes
and natural retention areas have been sited adjacent to
existing and planned roadways. The goals of this are to
achieve an overall aesthetic character for the project, to
permit optimum use of the land, and to increase the
efficiency of the water management network. Accordingly,
the setback requirements described in Division 3.5. of the
Land Development Code may be reduced with the approval of
the County Engineer. Fill material from lakes is planned
to be utilized off-site, subject to the provisions of the
excavation ordinance in effect at the time permits are
sought.
2.13 ROADS
Major and minor collector roads indicated on the Master
Plan will be public roads. Local roads within the
development may be either public or private roads,
depending on location, capacity, and design.
2.14 SITE DEVELOPMENT P~%R APPROVAL
The provisions of Division 3.3 of the Land Development
Code shall apply to all projects requiring Site
Development Plan approval.
a. In the case of cjustered buildings and/or zero lot
line with common architectural theme, or non-
residential uses listed in Section 3.06, required
property development regulations may be waived or
reduced provided a site . plan is approved under
Division 3.3 of the Land Development Code.
2.15 MODEL HOMES AND MODEL UNITS
Model Homes and units shall be permitted in conjunction
with the promotion of the development subject to the
following~
a. Models may be constructed prior to approval of a plat.
b. Models permitted as "dry" models (which have no water
and sewer connections) must obtain a conditional
certificate of occupancy for model purposes only.
"Wet' models (whick.. have utilities connections) may
- not be occupied until a permanent certificate of
occupancy is issued.
c. "Wet" models utilized as "sales offices" must obtain
approval by and through the Site Development Plan
(SDP) process or whatever approval process is in
effect at that time. The SDP process shall not be
required for dry models pursuant to this Section.
d. Prior to recorded plats, metes and bounds legal
descriptions shall be provided to and accepted by
Collier County as sufficient for building permit
issuance. Said metes and bounds legaX descriptions
must meet proposed plat configurations and all models
constructed pursuant hereto shall conform tO
applicable minimum square footages, setbacks, and the
like as set forth herein.
e. Temporary access and utility easements may be provided
in lieu of dedicated right-of-ways for temporary
service to model homes or units.
f. Sales, marketing, and administrative functions are
permitted to occur in designated "wet" model homes or
units within the project only as provided herein.
g. The "wet" model may be served by a temporary utility
.-.system with ultimate connection to the central system.
-" 'Interim' fife'protection facilities in accordance with
NFPA requirements are required unless a permanent
water ~ystem is available. A water management plan
must be provided which accommodates the runoff f~om
the model home, parking, hccess road/driv,way 'and
other impervious surface. The system shall be
designed and constructed so that it is integrated with
the master system for the entire development.
2.16 SALES CENTERS
a. "Sales Centers" may be constructed prior to recording
of a plat. "Sales Centers" may be serviced by a
:"temporary utility system (i.e. dry well and septic
tank/drainfteld) prior to availability of central
utility systems at which time connection to the
central system will be made. Interim fire protection
facilities, in accordance with NFPA requirements or as
approved by the appropriate fire district are required
un%ess a permanent water system is available to serve
the Center.
b. Review and approval of "Sales Centers" shall follow
the requirements Df the Zoning Ordinance in effect at
Ghat time. ~ metes ~nd bounds legal description shall
be. provided as part of the application. Access to the
"Sales Center" shall be provided by a paved road or
temporary 'driveway which meets applicable County
standards as determined by the Development Services
Director. A water management plan must be provided
which accommodates the runoff from the "Sales Center",
the required parking and access road/driveway and any
other impervious surfaces. The system shall be
designed to fit in with the master water management
system for the.entire development.
2-7
.
~-ELY RESORT COMMUNITY
~ND USE
Refer to Exhibit H
Master Land Use Plan
ESTIMATED MARKET ABSORPTION SCItEDULE
TABLE I
PHASE YEAR IJlqrf$ sQ. FT. HOI. J~ $TUD~--N~i'S HOTF. L RM$ I SE.A~G
~ 1~ - 1~2 56.~ 736 1850
2~
· ~15
~ ~1 - 15~ 135,~
SECTION III
'R' RESIDENTIAL LAND USE
3.01 PURPOSE
.... ~* purpose of this Section is to set forth the
regulations for the areas designated on Exhibit 'H' Master
......... Land*Use Plan-* RZ-198 as ~R'. * ....
3.02 MAXIMUM DWELLING UNITS
A maximum number of 10,150 dwellings units may be
.......... constructed on. lands designated as 'R' except as permitted
by Section 2.07.
'"3.03 "GENERAL DESCRIPTION
....... Ar.eas..d~signated as 'R' on the Master Land Use Plan
: approximately total 1171.0 acres and are designed to
accommodate a full range of residential dwelling types,
'. ............ recreationaL*facilities, essential services, customar~
"' accessory uses, and Compatible land uses such as
· _ religious, governmental, and educational facilities
: * provided such'uses meet the development standards as set
forth in this document.
Approximate acreages of all residential tracts have been
?
indicated on the P.U.D. Master Plan, in order to indicate
~" relative size and distribution of the residential uses.
~ These acreages are based on conceptual designs and must be
considered to be approximate. Actual acreages of all
development tracts will be provided at the time of
fractionalization in accordance with Section 2.04.
.~ Residential tracts are designed ~o accommodate internal
roadways.
3.04 PERMITTED PRINCIPAL USES AND STRUCTURES
~~:' l} Single family detached conventional
2) Patio and zer~ lot line
3) Single family attached and townhouses
4) Villas, and garden apartments/condominiums
" 5) Midrise apartments/condominiums
3.05 PERMITTED ACCESSORY USES AND STRUCTURES
1) Accessory uses and structures customarily as~ociated
2) Essential services and facilities
3.06 PERMITTED USGS AND STRUCTURES REQUIRING DEV£LOPNENT PLAN
APPROVAL UNDER SECTION 2.14(a)
Religious facilities
2)Civic and cultural facilities
3}Educational facilities
4)Private clubs
5)Child care centers - owner occupied
6) Rest homes, foster homes, rehabilitation center,
hospices, adult congregate living
7) Ot~er non-residential, uses customary in residential
districts
8) A' welcome 'cente~ .- facility to encompass sales,
marketing and project administrative functions. The
welcome center facility shall be removed or converted
to an'allowable use as listed in Section 3.04, 3.05,
3.06, 1) thru 7, at such time as 80% of allowable
~esidential units have been developed within the Lely,
A Resort Community POD. (Note= The Lely, A Resort
Community PUD is restricted to one such welcome center
at any given time.)
3.07 DEVELOPMENT STANDARDS
Tables II A and B set forth the development standards for
land uses within the 'R' Residential District.
Site development standards fo= category l, 2, and 3 uses
apply to individual dwelling unit parcels. Standards for
category 4, 5, and 6 uses apply to
~arcel boundaries in accordance with Section 2.04 of this
document.
Front yard setbacks shall be measured as follows=
1) If the parcel is served by a public right-of-way,
:-:- setback · is measu£ed f~om the adjacent right-of-way
..... li~e.' ......
2) If the parcel is served by a p~ivate ~oad, setback is
m~asured fro= the back of curb oF edge of ~avement
whichever is closer.
· Standards -for parking,:-landscaping, signs and other land
uses not specified herein are to be in accordance with
Colliec County Land Development Code in effect at the time
permits are requested. Unless otherw£~e lndica~ed,
setback, heights, and floor area standards apply to
principal structures.
,]' DEVELOPr~XENT STANDARDS
'? 'R' RESI~Eh~DXL AR~EAS
T~LE ~ A
S~G~
P~ US~ F~y
, ~A~ D~A~ A~A~
~go~
~ Si~ ~
Si~ ~ ~ Avg. 75 ~0 50 lf0 Ii0 1~0
Si~ ~ ~ Avg.
~ Y~ Sab~k 30 30 ~ 30 30 or BH 30 or BH
Si~ Y~d ~ lO 0 or 10 0
~ S~ (~ol) 20
~ Y~ Sc~ ~ ~ 10 20 BH BH
~ Y~ ~ 10 10 0 10 10 10
A~
~ B~ 2 2 2 3 4 6
~ S~ A~
D~ Bc~ ~ 0 ~ 10 0 ~ 10 ~ SBH ~ SBH ~ SBH
~ S~ '*
~ ~ ~ (S~.) l~ 1~ 750 1~ 1~ 750
'~ ~ D~ A~G~
D KV'KLOI~M K.%'I' STANDARDS
!" 'R' RKSIDK~'rtAI. ARK,~q
S~ ~ ~ A~. ~ d~ d~t f~.t;,.~ ~s ~d~
....
S~ Y~ ~ ~0 30 30 20 20
~ B~ ~ ~ ~ ~ ~ 20
~ Y~ ~ 30 ~'B~' ' ~0 ~ 8~ 30
P~
~"' ~ ~ ~.) '"
. SBX~ ~ ~ B~ H~u~ ~ ~ of ~ ~ h,ita;-ts for ~e
SECTION IV
C-1 COMMERCIAL/COMMUNITY
'": ...... --T~£e ..... p~po'~e~' Of t~l~--'h~ection' t·s' t'o set forth the
.......... regulations ..for ..the.. areas- designated on Exhibit 'H',
Master Land Use Plan RZ-198 as C-1. The C-1 tract is
.............. intende~--T~--~rDvide--'fo'r '-a 'broad range of community
~' . . . ..... oriented., commercial uses to serve residents of the Lely
~ development and the surrounding area. The types of uses
....... -anticipated include general retail, professional and
- .... b=siness_ offices, shopping centers and highway oriented
facilities.
] 4.02 PERMITTED USES AND STRUCTURES
No buil-d'i~g' or structure, or part thereof, shall be
erected, altered or used, or land or water used, ~n whole
....... or _in...p~rt, _fo~.other than the .following:
A. Permitted Principal Uses and Structures
................ .I.) ...An.tique- shops:;, appliance stores; art studios; art
su. pply shops; automobile parts stores; auto~obile
service stations, awning shops.
' 2) Bakery shops; bait and tackle shops; banks and
financial institutions; barber and beauty shops;
bath .supply stores; bicycle sales and services;
blueprint shops; bookbinders; book stores;
business machine services.
3) Carpet and floor covering sales - which may
include storage and installation; churches and
.i" other places of worship; clothing stores; cocktail
~. lounges; commercial recreation uses, commercial
schools; confectionery and candy stores; chlldcare
cente rs.
. 4) Delicatessens; department stores; drug stores; dry
cleaning shops; dry goods stores;· and drapery
~ shops.
5} Electrical supply stores; equipment rentals.
4-1
6) Fish market - retail only; florist shops;
[i:' fraternal and social clubs; funeral homes;
~. furniture stores; furrier shops.
~:~: 7) Garden supply stores - outside display in side and
-' rear yards; gift shops; glass and mirror sales -
:' ~' including storage and installation; gourmet shops.
8) Hardware stores; hat cleaning and blocking; health
food stores; homes for the aged; hospitals and
hospices; hotels and motels.
· 9) Ice cream stores.
10) Jewelry stores.
ll) Laundries - self service only; leather goods;
legitimate theaters; liquor stores; locksmiths.
12) Markets - food; markets - meat; medical offices
and clinics; millinery shops; motion picture
theaters; museums; music stores.
13) New car dealerships - outside display permitted;
news stores.
~4) office _ general;,office supply stores.
15) Paint and wallpaper stores; pet shops; pet supply
shops; photographic equipment stores; pottery
stores; printing; publishing and mimeograph
. service shops; private clubs; professional
.: offices.
16} Radio and television sales and services; research
and design labs; rest homes; restaurants.
17) Shoe repair; shoe stores; shopping centers;
souvenir stores; stationery stores; supermarkets
and sanitoriums.
18) Tailor shops; taxidermists; tile sales - ceramic
tile; tobacco shops; toy shops; tropical fish
stores.
19) Upholstery shops.
20) Variety stores; vehicle rental - automobiles only;
veterinarian offices and clinics - no outside
kennels.
4-2
21) Watch and precision instrument repair shops.
'" 22) Water management facilities and essential
~, services,
23) Any other co~ercial use or professional Service
which is comparable in nature with the foregoing
uses and which the Development Services Director
determines to be compatible in the district.
B) Permitted Accessory Uses and Structures
1) Accessory uses and structures customarily
associated with the uses permitted in this
district.
~:'. 2) Caretaker's residence.
~.{, 4.03 DEVELOPHENT STANDARDS
1) 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~
Twenty-five (25) feet plus one (1) foot for each
two (2) feet of building height over fifty (~0)
feet.
4) Distance between prin¢ipsl structures - None, or a
minimum of five (S) feet with unobstructed passage
· from front to rear yard.
5} Haximum Height of Structure= One hundred (~00) feet
above the finished grade of the site.
6) Minimum Floor Area of Princi~al Structures=
thousand (1,000) square feet per building on the
ground floor.
?} Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
i!. Collier County aegulations in effect at the time
permits are sought.
4-3
,' SECTION V
~ C-2 COMMERCIAL/PROFESSIONAL
The purpose of this Section is to set forth the
regulations .for the areas designated on Exhibit 'H',
Master Land Use Plan RZ-198, as 'C-2'. The C-2 tract is
intended to provide for the professional, office, and
business, related needs of. area residents, supplementing
the retail nature of the adjacent C-1 tract.
5.02 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:
1) 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
sanitoriums,'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, provided 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.
5-1
9) Transportation, communication and u:ility offices
- not including storage or equipment.
10) Water ..management facilities and essential
services.
ll) Any other commercial use or profes~ional service
which is comparable in nature with the foregoing
uses and which'the Devetopment Services Director
.determines to be compatible in the dis:rtct.
Permitted Acgessorx, Uses and Structures:
1) Accessory uses and structures customarily
associated with uses permitted in this dlstric:.
2).-. Caretaker's residence.
5.03 DEVELOPMENT STJ%NDARDS:
1) Minimum 'Site Area: As approved under ~ection 2.04
Minimum Site Widths As approved under Section 2.04
Minimum Yard Requirements from parcel boundaries:
Thirty
4) Maxim~ Height of S~uctures~ Fifty (50) feet above
the finished grade of the site, plus ten (10) feet for
under building parking.
51 Minimum Floor Area of Principal Structures:
One thousand (1,000) square feet per building on
ground floor.
6} Minimum Distance Between Principal Structures: $0' 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 in effect at the time permits are
sought.
. SECTION V!
,, C-3 COMMERCIAL/NEIGHBORHOOD
iii:I The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit 'H', Master Land Use
~ Plan_..RZ-198, as ..'C-3'. The C-3 tract's ara intended to
· provide residents with conveniently located commercial
'. facilities and services that are typically required on a
~ regular basis.
6.02 PERMITTED USES AND STRUCTURES
N6 building or structure, or part thereof, shall be
/ erected, altered or used, or land or water used, in whole
· i~ or in part, for other than the following:
A. Permitted Principal Uses and structures
1) Antique shops; appliance stores; art studios; art
supplies; automobile parts stores; automobile
service stations.
2) Bakery shops; banks and financial institutions;
barber and beauty shops; bath supply stores; blue
print shops; bicycle sales and services; book
stores.
3) Carpet and floor covering sales (including storage
and installation) child care centers; churches and
other places of worship; clothing stores;
. confectionery and candy stores.
4) Delicatessen, drug stores; dry cleaning shops; dry
goods stores and department stores.
5) Electrical supply stores.
6) Fish stores; florist shops; food markets; furniture
~ stores; furrier shops and fast food restaurants.
7} Gift shops; gourmet shops.
~{: 8) Hardware stores; health food stores; hobby supply
· stores; homes for the aged; hospitals and hospices.
9) Ice cream stores; ice sales; interior decorating
,:~ showrooms.
10) Cewe~ry stores.
11) Laundries - self-secv£ce~ leather goods and luggage
stores; locksmiths and liquor stores.
12) neat market~ ~edical office or' clinic for huma~
care; millinery shops~ music stor~s.
13) Office (retail or professional}; office supply
stores.
14) Paint and wallpaper stores! pet shopsl pet supply
stores; photographic equipment stores; post office.
J.'i .15) Radio .and television sales and service; small
appliance stores; shoe sales and repairs;
restaurants.
16) Souvenir stores; stationery stores; supermarkets
and sanitoriums.
~7')'Ta~or shops; tobacco shops; toy shops; tropical
fish stores.
18) variety stores; veterinary offices and clinics (no
outside kenneling).
19) watch and precision instrument sales and repair.
20) Water management facilities and essential services.
21) Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Development Services D~rector
determines to be compatible ~n the district.
B) PERMITTED ACCESSORY USES AND STRUCTURES~
l) Accessory uses and structures customarily
associated with the uses permitted in this
district.
2) Caretaker's residence.
6.03 DEVELOPHENT STANDARDS~
11 Hinimum Site Area= As approved under Section 2.04
2) Hinimum Site Width: As approved under Section 2.04
6-2
3) Minimum Yard Requirements from parcel boundaries=
Abutting non-residential areas: Twenty five (25)
feet
.!!:: Abutting. res~dential a~ea:: Thirty (~5) feet 13
which an appropriately designed and landscaped
!~. buffer shall be provided, as determined under
~ Section 2.14.
~i"' 4) Distance between principal structures= None, or a
minimum five (5) feet with unobstructed passage from
front yard to rear yard.
5) Maximum Height of Structures= Fifty (50) feet above the
i finished grade of the site.
~.- 6) Minimum Floor Area of Principal Structures: One
: thousand (1,000) square feet per building on the ground
,:~:~ floor.
7) Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier County regulations in effect at the time
permits are sought.
i.
'EC' EDISON COLLEGE
7.01 PURPOSE
''The purpose of thl~ Section i~ to set forth the regulations
~or the area designated on Exhibit 'H', ~aster Land Use
Plan RZ-i~, as 'EC'.
7.02 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
1) All uses normally associated with a community
college campus including but not limited
~ Auditoriums, classrooms, cafeterias, gymnasiums,
laboratories, lecture halls, libraries, offices,
, theaters, etc.
2~ : Water Manageme0t facilities and essential services.
B) Permitted Accessory Uses and Structures
1) Accessory uses and structures customarily
associated with principal uses permitted in this
District.
2) Caretaker's residence.
7.03 DEVELOPMENT STANDARDS
1) Minimum Site Area: AS approved under Section 2.04
2) Minimum Site Width: As approved under Section 2.04
3) Minimum Yard Requirements:
50' from all 'EC' tract boundaries for principal
structures, 20' from lake banks
4) Maximum Height: 100'
7-1
n.51 280
5) Htnimum Floor Area of Principal Structures=
O~e thousand (1,000) square feet per building on
the fir=t h~bitab!e floor
· 6) Distance bet'ween principal structures:
1/2 the sum of the building heights or 30',
.~z - - 'whichever is greater.
7) M~nimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier County regulations in effect at the time
permits are sought.
8) Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring
properties from direct glare or other interference.
SECTION VIII
'CC' CULTURAL CENTER
8.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit 'H', Master Land Use
Plan RZ-198, as 'CC'.
8.02 PERMITTED USES A/~D 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
All uses normally associated with a cultural center
including but not limited to:
1) Performing Arts Center, Theater, Auditorium,
Amphitheatre, Art Galleries, Museums, Library,
Educational fag~lities, other uses of similar
nature.
2) Water Management facilities and essential services.
BI Permitted Accessory Use and Structures:
1) Accessory uses customarily associated with the
principal uses permitted in this district.
2) Caretaker's residence.
3) Recreational facilities.
Offices, gift shops, restaurants.
8.03 DEVELOPMENT ST;~NDARDS
1) Minimum Site Area: As approved under Section 2.04
2) Minimum Site Width: As approved under Section 2.04
3) Minimum Yard Requirements:
ili~'~ 50' from all 'CC' tract boundaries for principal
structures.
20' from lake banks
i 4) Maximum height: 100'
~" 5) Minimum Floor Area of Principal Structures: One
thousand (1,000) square feet per building on the
first habitable floor.
6) Distance between principal structures: 1/2 the sum
:.i...i .... of.:the.., building heights or 30', whichevar is
7) Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier County regulations in effect at the time
permits are sought.
8) Lighting facilities shall be arranged in a manner
which, will protect roadways and neighboring
properties from direct glare or other interference.
8-2
m
SECTION IX
'RC' RESORT CENTER
9.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit 'H', Master Land Use
Plan RZ-19fl, aa 'RC'. The Resort Center tract is intended
to provide a mix of uses including 350 transient lodging
rooms~ 315,000 square feet of related commercial space
such as conference facilities, restaurants, and shops;
recreational facilities such as tennis courts, clubhouses,
and outdoor activities; and related residential uses.
9.02 PER~rTTE~ U~ES AND STaUCTURES
No building or structure, or part thereof, shall be erected
altered, or used or land o~ water used, in whole or in
part, for other than the following=
A. Permitted Principal uses and Structures
1)% Hotel, motel, and transient lodging facilities.
2) Clubhouse, con%e~tion facilities.
T~nnis and health clubs.
4) Recreational facilities.
5} Cjuster and multi-family residential uses in
accordance with Section II~ of this document,
including interval ownership facilities.
6} Restaurants and lounges.
?) aetail commercial uses, specialty shops.
8) Water ~anagement facilities and essential services.
9) other uses of a similar nature to those described
,. S) Permitted Accessory Uses and Structures
· 1) Accessory uses customarily associated with the
principal uses permitted in this district.
2) Caretaker's residence.
9.03 DEVELOPMENT STANDARDS
1) Minimum Site A~eat As approved under Section 2.04
2) Minimum Site Width~ As approved under Section 2.04
3)' Minimum Yard Requirements=
50' from all RC tract boundaries for principal
structures
20' from lake banks
4) Maximum Height~ 100'
S) Minimum Floor Area of Principal Structures:
One. thousand (~000) square feet per building on the
'-"" first habitable floor.
6) Distance between principal structures:
1/2 the sum of the building heights or 30', whichever
is. greater
7) Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable
Collier County regulations in effect at the time
permits ara sought.
8) Lighting facilities shall be arranged in a manner which
will protect roadways and neighboring properties from
direct glare or other interference.
'GC' GOLF COURSE
~O,Ol PURPOSE
The purpose of this Section is to set forth the megulattons
for the areas designated on Exhibit 'H' Master Land Use
Plan RZ-198, as 'GC'.
10.02 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
1) Golf Course
2) Water management facilities and essential services.
B. Permitted Accessory Uses and Structures
Accessory uses customarily associated with principal
uses permitted in this district including but not
limited to= "
1) Clubhouses, pro-shop, practice driving range and
other customary accessory uses of golf courses, or
other recreational facilities.
2) Small commercial establishments, including gift
shops, golf equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively
serve patrons of the golf course or other permitted
recreational facilities, subject to the provisions
of the applicable supplementary regulations of the
Land Development Code of Collier County.
3) Shuffleboard courts, tennis courts, swimming pools,
and other types of facilities intended for outdoor
recreation.
4) A maximum of two (2) residential units in
conjunction with the operation of each
golf
course.
5) A ~elcome center facility to encompass sales,
marketing and project administrative functions.
The welcome center facility shall be removed or
converted to an allowable use as listed in Section
10.02.B 1) thru 4) at such time as 80% of the
allowable residential units have been developed
within the Lely, A Resort Community PUD.
(Note: The Lely, A Resort Community PUD is
· . restricted to one such welcome center at any given
time.)
10.03 DEVELOPMENT STANPARDS
1) Overall site design shall be harmonious in terms of
.... :'.landscaping, enclosure of structures location of
access streets and parking areas and location and
treatment of buffer areas.
2) Suildings shall be set back a minimum of thirty
(30) feet from abutting residential districts and
:.~ an appropriately landscaped and maintained buffer
zone shall be provided.
Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring
properties from direct glare or other interference.
4) Maximum Height of Structures:
~ Fifty (50) feet~-
5) Minimum distance between principal structures:
1/2 the sum of the building heights or
whichever ia ~reater.
- 6) Minimum standards for parking, lighting, signs, and
landscapin~ shall conform with applicable Collier
', County Regulations in effect at the time permits
are sought.
3.0-2
SECTION XI
'CO' CONSERVATION/OPEN SPACE
11.01 PURPOSE
The purpose of this Section is to set forth the regulations
fpr...the areas designated on Exhibit 'H', Master Land Use
PlaH'RZ-19'8~"as 'CO'.
11.02 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:
1) Passive Parks. Active Parks only in development areas
approved under 11.02 7).
2) Biking, hiking, canoeing, and nature trails.
3) EqUestrian paths.
4) Wildlife sanctuary.
5) Water management: facilities, lakes, and impoundment
araa,, subject to further review by Collier County
Project Review Services Environmental Staff to ensure
that -water'management facilities do not degrade the
vegetation or hydroperiod on the conservation/open
space areas.
6) Recreational shelters and restrooms upon review and
approval of Collier County Project Review Services.
7) Residential land uses as listed in Section 3.04 and
governed by development standards as shown in Table II
A & B and providing the following criteria are met:
a) The project density as listed in Section 2.06 shall
not be increased.
b) The maximum developed area in all 'CO' areas shall
not exceed 20% of the total and shall be contiguous
to existing approved development areas.
c) Every effort shall be made to protect the floral
character of the 'CO' areas~ landscaping shall
consist exclusively of native species.
ll-i
d) All runoff.from developed area shall be pre-treated
prior to discharge into surrounding natural water
management areas
e) cleariflg shall be pecmftted only in those areas
· ' specifically required to facilitate the residential
.. cjusters, and shall be limited as much as possible.
8) Any other open space activity or use which is similar
in nature with the foregoing uses and which the
Development Services Director determines to be
]'J'~'~o~atible'with.the intent of this district.
11.03 DEVELOPMENT STANDARDS
1) Overall site'design shall be harmonious with the areas
natural ecological characteristics in terms
landscaping, enclosure of structures, location
access streets, parking areas, and location and
treatment of buffer areas aa determined by the Collier
County Development Services Director.
2) Development standards as listed in Table IX A & S in
Section III shall apply to permitted residential uses.
3) Ail work proposed in_or directly impacting conservation
areas designated on the Master Plan shall be reviewed
and approved by the Development Services Director prior
to the commencement of any such activity.
SECTION XII
'PR' CYPRESS PRESERVE
12.01 PURPOSE
The purpose of this section is to set forth the regulations
for the areas designated on Exhibit 'H', Master Land Use
Plan.~Zr198, as 'PR'.
2.02 PER/iITTED 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=
1) Environmental preservation.
2) Foot paths, boardwalks, and nature trails.
3) Wildlife management sanctuary.
4) Water management facilities and essential services,
subject to further .<eview by Collier County Project
Review Services Environmental Staff to ensure that
water management facilities do not degrade the
vegetation or hydroperiod on the Cypress Preserve
areas.
5} Any other preservation or open space activity or use
which is comparable in nature with the foregoing uses
and which the Development Services Director determines
to be compatible with the intent of this district.
12.03 DEVELOPMENT STANDARDS
1) All work proposed in or directly impacting preservation
areas designated on the Master Plan shall be reviewed
and approved by the Development Services Director prior
to the commencement of any such activity.
12-1
SECTION XIII
'PS' PARK/SCHOOL
13.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit 'H', Master hand Use
Plan RZ-198, as 'PS'
Th'e-'~ PS ' site includes 17 acres reserved for use of an
elementary school site and 5 acres to be used for a
,eighborhood park facilities. The 5 acres of undesignated
land reserved for community use referred to in the DRI/ADA
document will be applied to this site.
13.02 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' pa'rt, for other than the following~
1) Elementary school and facilities.
2) Parks and playgrounds.
3) Bicycle, hiking and nature trails.
4) Recreational shelters and restrooms.
5} Recreational fields, sports facilities and courts.
6) Community centers.
7) Restaurant or snack bar in conjunction with
recreational activities.
8) Water management facilities and essential services.
9) Any other recreational, athletic, or open space
activity or use which is comparable in nature with the
foregoing uses and which the Development Services
Director determines to be compatible with the intent of
this district.
13-1
DEVELOPMENT STANDARDS
1} Minimum Site Area~ None
1) Minimum Setback from 'PS' Tract Boundaries: 15'
3) Maximum Height of Structures=
4) Minimum Distance Between Suildings~ 1/2 the sum of
their heights.
5) M~nimum standards for parking, lighting, signs, and
landscaping shall conform with applicable Collier
County Regulations in effect at the time permits are
sought.
SECTION XIV
GENERAL DEVELOPMENT COMMITMENTS
14.01 PUaPOSE
The purpose of this Section is to set forth the general
development commitments for the project.
14.02 DEVELOPMENT COMMITMENTS
A. ENERGY
1) Construction shall comply with applicable local and
state energy codes.
2) Reasonable "good faith" efforts to utilize
state-of-the-art energy conservation techniques
shall be made where practically and economically
feasible. Such techniques may include, but shall
not be limited to the following:
a. Provision of bicycle racks and/or storage
facilities in office and commercial areas and
in multi-family residential areas.
b. Cooperation in the locating of bus stops,
shelters and other passenger and system
accommodations when a transit system is
developed to serve the project area
c. Use of energy-efficient features in window
design (e.g., shading and tinting).
d. Use of operable windows and ceiling fan.
e. Installation of energy-efficient appliances and
equipment.
f. Reduced coverage by asphalt, concrete, rock and
similar substances in streets, parking lots and
other areas to reduce local air temperatures
and reflected light and heat.
g. Installation of energy-efficient lighting for
streets, parking areas, recreation areas and
other interior and exterior public areas.
h. Selection of native plants, trees and other
.vegetation and landscape design features that
~educe requirements for water, fertilizer,
maintenance and othe~ needs.
i. Planting or retention of native shade tree~ to
· provide reasonable shade for all recreation
areas, streets and parking ar~as.
'" ' ]'. placement of trees to provide needed shade in
the warmer months while not overly reducing the
.benefits of sunlight in the cooler months.
k. Planting or retention of native shade trees for
each residential unit.
1. Orientation for structures, aa possible, to
'reduce solar heat gain by walls and to utilize
natural cooling effects of the wind.
m. Provision for structural shading (e.g.,
trellises, awnings and roof overhangs) wherever
" practical when natural shading cannot be used
· ( effectively.
n. Inclusion of porch/patio areas in residential
units.
3) Deed restrictions and other mechanisms shall not
prohibit or prevent the use of alternative energy
devices such as solar collectors (except when
necessary to protect the public health, safety and
welfare).
B. AIR QUALITY
1) The developer shall comply with applicable codes
and apply for required permits relative to air
quality, where such permits are required.
C. TRANSPORTATION
1) Lely, a Resort Community, shall commit to
contributing its pro-rata or fair share
contribution to the costs of improving local
transportation facilities, when such improvements
are deemed to be necessary, based on Lely Resort
Community's proportionate impact on such
facilities, as part of an area wide funding
program, including, but not limited to, impact
14-2
05t,, , 294
fees, special taxing districts, etc, Any
donations, dedications, or other required
contributions made by the project sponsors to the
County's Transportation facilities shall be
uredited towards future proportional sh~re
assessments levied against the project, except for
right-of-way dedications listed under 8) below.
2) Provision of a bicycle/pedestrian system connecting
all land uses, to be placed along all major and
minor collectors within the project. This system
is to be consistent with Collier County
requirements.
3) Unless four laning has been completed or is about
~ to begin, the developer shall provide separate left
i and right turn lanes at all accesses along
., Rattlesnake Hammock Road and Isles of Capri Road.
4) The developer shall provide a fair share
contribution toward the capital cost of traffic
signals at accesses to Rattlesnake Ha~ock Road,
Isles of Capri Road and Tamiami Trail when deemed
· warranted by the County Engineer. The signals
shall be owned, operated and maintained by Collier
,, County. .o
.~ 5) The developer shall bear the full cost of all
..? traffic signals which may become needed at the
i? intersections within the project.
6) The developer shall provide or reimburse the County
>i for sidewalk/hikepaths along all perimeter roads to
· '~ be phased to correspond with the development phases
. and future road widening plans, unless such
Improvements are incorporated into design plans
and/or alternative funding methods are available,
such as road impact fees.
7~ The developer shall provide arterial level street
lighting at all accesses. The operating and
~. maintenance costs of these units will be assumed hy
the County at such time as street lighting systems
· are established along the roads involved.
8) The developer shall dedicate 17.5 feet of
additional right-of-way along the south side of
Rattlesnake Hammock Road and 25 feet of additional
right-of-way along the west side of Isles of Capri
road for future roadway widening. This shall be
14-3
done at the convenience of the developer or when
requested by the County, whichever occurs first.
9) The County Transportation Department and the
developer shall reach agreement regarding
alignments and intersection configurations at the
time of re-examination. Improvements shall be
consistent with good design practices nod
transportation planning principles and the long-
range planning needs of the County.
WATER ~tANAGEMENT
1) Detailed water management construction plans shall
be submitted for approval to the Development
Services Director prior to commencement of
construction.
2} Surface Water'Management Permits shall be obtained
from the South Florida Water Management District
prior to the commencement of development.
3) The water management for the Lely Resort Community
, shall implement water quality "best management
, · practices" to the extent possible.
4') Water quality:wi%l be provided for the development
· in the lake system in accordance with South Florida
Water Management District's current permitting
regulat£ons.
5) An Excavation Permit will be required for the
proposed lakes in accordance with Collier County
~and Development Code, Division 3.5
6) Contingent upon acquiring appropriate permits,
developer ~hall be responsible for the following
along its entire U. S. 41 frontage:
1. Construct necessary improvements to the
borrow canal along the northerly side of U.S.
7) During Phase I, developer shall be responsible for
the following along Rattlesnake Hammock ~oad:
a. Clean-out of the two crossings under the road
near .the ~ 1/4 pos~ of Section 21, Township
50 South, Range 26 East.
b. Improvements to the swale along the south
side of the road along the entire development
frontage to serve as a spreader facility in
the adjoining low lying wetlands.
8) The "B-3 & 4" Canal (from northwest cornet of
Naples' Manor across U.S. 41 to sufficient outlet
in wetlands in Section 3, Township 50 South,
Range 26 East) shall be subject to developer/
County negotiations at the time of involvement
with that ou~fall.
UTILITIES
1) A central water supply system shall be made
available to all areas of the project. The water
supply source for the project shall be the Collier
County system.
2) Ail areas of the project shall be served by a
central wastewater collection system.
3) The development shall be in substantial compliance
with applicable County laws and ordinances
governing utility provisions and facilities.
made available to the site.
5) Utilities Division stipulations: (Per Memorandum
dated June 25, 1984 attached).
6) A non-potable water system for irrigation purposes
will be implemented for the project utilizing
sources including renovated effluent, surface, and
ground water.
7} Design and construction of the water and sewer
facilities must be in compliance with Ordinance
88-76, as amended.
8) For any required subdivision improvement that is to
be constructed by the hely Community Development
District, no subdivision performance security shall
be required under Section ].2.9 of the County Land
Development Code.
1). The design and dev~lcpment standards as described
in the Cely Resort Community DRI/ADA document are
hereby incorporated by reference into this P.U.O.
ordinance.
O. ENVIRONHENTAL~
1) The following table summarizes native vegetation to
be retained in the Lely Resort Community:
PR DiStrict t 172.5 acres +
CO District ~ 182.4 acres *
GC District 111.3 accel +
Subtotal 466.2 acres
NOTE= Acreages and land use districts shall be as defined
in Collier County Ordinance 85-17 as amended.
An additional 45~% acres of native vegetation shall
be retained in the CO District, until such time as
the developer elects to utilize Section 11.02(7) of
the PUD that allows for development of up to 20% of
the CO district. At that time the developer shall
demonstrate, as a condition of Final Approval from
Collier County for development of any "CO" area,
that an equivalent amount of native vegetation has
been retained elsewhere in the project (not
including platted single family lots) to compensate
for any permitted CO development acreage, up to a
total of 45.6 acres.
2) Prior to approval of any proposed development
Jurisdictional wetlands (as determined by SFWMD),
the petitioner shall submit a mitigation plan to
Collier County Project Review Services
Environmental Staff for review and approval, in
accordance with South Florida Water Management
District Appendix 7.
3) "Prior to any final approvals outside of Phase
and the Classics Golf Course, the petitioner shall
submit protected species surveys and management
plans as required and approved by Florida Game and
Fresh Water Fish Commission."
14-6
Hanmock areas, as identified in the DRI/ADA will be
protected with clearing permitted only in those
areas specifically required to facilitate the
residential cjusters and limited as much as
possible.
Existing topographical control elevation in
sub-basins C-1 and A-5 shall be maintained.
14-7
i I