Ordinance 84-85ORDINANCE 84 - 8~
AN ORDINANCE AMENDING ORDINANCE 76-41,
WHICH ESTABLISHED TIlE LELY CO[~TRY CLUB
PLANNED UNIT DEVELOPMENT DOCUMENT BY
AMENDING SUBSECTION 2.3; AMENDING SEC-
TION III HEADING' 'AND SUBSECTION 3.2,
3,4.4, A~D ].4.8; AMKN~TNG SECTION IV
XEADING AND SUBSECTIONS 4.2, 4.3, 4.4.1,
4.4.2, 4.4.3, 4.4.5! AND 4.4.8; DELETING
SECTION Vt AND AMENDING SUBSECTION 8.1!
PROVIDING FOR CONFLICT AND SEVERANCE;
PROVIDING AN EFFECTIVE DATE.
WI{EREAS, Lely Estates, Inc., petitioned the Board of County
Co~=~issionera of Collier County, Florida, to amend the Lely
Country Club planned Unit Development Ordinance, Collier County
Ordinance 76-41;
NOW THEREFORE LET IT BE ORDAINED BY THE BOARD OF COUNTY,~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, T}~AT
SECTION ONE ~ ,. ---
Ordinance No. 76-41, P.U.D. Document Section 2.3 shall l~e ame~ed
to read as follows~
2.3 PROJECT PLAN AND LAND USE TRACTS
A. The Lely Country Club plan is iljustrated grap~icalk~_by
exhibit A, which is the Master Plan, togeth~ wit1%-
surrounding existing development. The plan is comprised
of eleven tracts which are shown on the Master Plan and
individually described in the appended legal
description. The eleven tracts, their planned useage,
and their areas are as
1) Tract A: Golf Course 84.529 acres
2) Tract B: Golf Course 117.~88 acres
TOTAL~ GOLF COURSE 701.717 ACRES
,Tract J!
[TOTAL
;TOTAL ~
'TOTAL:
3) Tract C~ Singl.-family residential
4) Tract D: Sing~,-fam[ly residential
5) Tract F~ 8½ng~e-~am~y low-rise multi-
~amily~ villas and attached
s£n~lo-family residential '"
6) Tract G~ Single-family residential
7) Tract
a} Sinple-family residential
bt Villas and attached sin-
9la-'family residential
8) Tract E: Low-rise multi-family, v~__llas
and attached single-family
residential 55.86 acres
9) Tract L: Low-rise multi-family, villas
and attached single-family
residential 3.63 acres
TOTAL~
20.804 acres
44.859 acres
17.196 acres
19.6B6 acres
71.514 acrel
14.084 acres
57.430 acres
½~4~9-aeees
M*~ Low-rise multi-family~
villas and attached single-
residential
ntial access street
right of way
SINGLE-FAMILY RESIDENTIAL A~A
VILLAS AND ATTACHED SINGLE-
FAMILY RESIDENTIAL AREA 57.430 ACRES
LOW-RISE MULTI-FAMILY[ VILLAS
AND ATTACHED SINGLE-FAMILY AREA 84.045 ACRES
PROJECT AREA 445.681 ACRES
7.359 acres
3.056 acres
99.433 ACRES
Words underlined are added; words s~emek-%heem~h are deleted.
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NOTEt
The above listed single-family residential and low-rise
multi-family residential tracts include both building
sites and the abutting residential street right Of way.
The street right of way indicated above in Tract J is
the only right of way within the project which is not
included within a ,ingle or multiple family residential
tract.
In addition to the rights of way shown on the
master plan, utility and drainageway easements will
be dedicated within the Lely Country Club project
at the time of County approval of the subdivision
plat.
SECTION TWOs
Ordinance 76-41, P.U.D. Document Section III heading and Sub-
-Sections 3.2, 3.4.4., and 3.4.8. shell be amended to read as
follower
SECTION
TRACTS C, D, Pv G &-N LOTS 1-3 AND 27-40 OF H
SINGLE FAMILY RESIDENTIAL DEVELOPMENT
3.2 MAXIMUM DENSITY
A maximum of 4~6 266 single family detached residential
units may be constructed in the Lely Country Club project.
The single family homesites shall be distributed amount the
several single family residential tracts al fellowes TRACT C,
a maximum of 62 homesites. TRACT D, a maximum Of 130 homesites.
TRAeT-P?-~-~,~A~m~-~-49-¥~e~-eA*ee~ TRACT G, a maximum of 59
homesitel. TRACT }!, a maximum of }6~ 1--7 homesitel.
3.4.4. MINIMUM YARDS~
A. Front yard - 25 ft.
B. Side yard - One-~tory, 10 ft.; two-story 15 ft.
C. Rear yard - 25 ft. In the case of residential
pools which are screen enclosed or unenclosed,
rear yard setbacks may b- reduced to %~ 10 ft.
For special regulations applicable to Lots 27
through 45 40 of Block 32, see 3.4.8.
3.4.6.
SPECIAL REAR YARD REGULATIONS FOR LOTS 27 THRU
40 Block 32.
Lots 27 thru 4~ 40, Block 32, are 250 feet in depth and
the rear of tho iota extend into the westerly edge of
the preserved cypress slough. The amount of extension
into the slough varies from lot to lot, but in no case
does such extension exceed 100 ft. For the purpose of
complying with the rear yard requirement set forth in
3.4.4 above, Lots 27 thru 45 40 of Block 32 shall be
considered to be 150 ft. in dept-~. Native trees lying
east of a line parallel to and 150 ft. easterly of the
easterly right of way of St. Andrews Boulevard shall be
left in place. Underbrush and dead wood may be removed
and lawn grasses may be established in the easternmost
100 ft. of Lots 27 thru 4~ 40, Block 32, but no change
of natural grades shall be permitted not shall any
structure be erected, provided that walkways, hard
surfaced sitting areas, and minor recreational struc-
tures may be permitted by the director. Prior to
granting approval, the Director shall review plans for
the proposed paced areas or structures and shall deter-
mine that what is proposed is a reasonable and appropri-
ate use of the edge of cypress slough preserve and that
the character and quality of the cyprsll slough preserve
will not be substantially depreciated. Melaleuca,
Words underlined are added; words e~ek-%h~e~h are deleted.
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Srazilian pepper, and Australian pine are not native
plant materials in the cyprels slough preserve, and
should any of these plant species become established in
that portion of the cypress ilough preserve which lies
within a platted lot, removal is permitted and cncoureg-
ed.
SECTION TNREE~
Ordinance 76-41, P.U.D. Document Section IV heading and Sub-
leotionl 4.2, 4.3, 4.4.1., 4.4.2., 4.4.3., 4.4.5., and 4.4.8.
shall be amended to read as follows!
SECTION IV
TRACTS E, F~ H LESS LOTS 1-3 AND 27-40r ANB L AND M
4.2 MAXIMUM DENSITY
A maximum of %~9 847 low-rime multi-family, villas and
attached mingle-fam-~l~ residential units may be constructed
Within Tractl E, gr H 'leal lotl 1-3 and 27-40, end L ~nd M
of the Lely Country Club project, provided '&~at thim ~um
of %99 847 dwelling unitm may be adjusted upward or downward
if there--~s a corresponding upward or downward adjumtment of
the mingle family residential units and/or mid-rise multi-
family residential area, so long am the aggregate number of
dwelling units within the Lely Country Club project does not
exceed a maximum of 1,115 dwelling units.
4.3. USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered, or used, or land used, in whole or in part, for other
than the following~
A. PRINCIPAL USES: Multi-family, villas and attached
~gle-family residences, ,except that Tract H 1,sm lots
and 27-40 aha]! be limited to villas and attached"
single-family.
R. ACCESSORY USES~
1) Accessory uses and ~tructurem, including private
garages.
2)Recreational uses and facilities.
3) Signs as permitted by Collier County Zoning
Regulations at the time of permit application.
4) Model dwellings which are developed and used in
~onjuction with the promotion of the residential
develOpment such model dwellings sha~l not be used
for this purpose for a period of time greater tha~
two years~ and upon termination of the use~ am
models shall be utilities for permanen= dwellin~
purposes.
C. PROVISIONAL USES=
l) Churches, including child care centers.
4.4.1. GENERAL
Tracts E, an~ L and M are not subdivided into conventional
multi-family lots,~hough actual development will occur in
a series of stages. The schematic indications of building
masses, parking, and drives and unpaved open space shown on
the master plan for Tracts E em~ L and M are not intended to
represent precise site plan detail,"~are iljustrative of
the intended basic relationship of access street, drive and
parking system, building location, unpaced open space, and
golf courme over-look. Residential mtructures are to be
mired so as to maximize the golf course view from each
apartment within the mtructurem.
Words underlined are added; words eeemek-eh~emqh are deleted.
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4.4.2. DISTRIBUTION OF DWELLING UNITSI DEVELOPMENT APPROVAL
PROCEDURE~
A. In the event an entire residential tract is sold by the
applicant to a second party for subsequent development
by that second party, a master (or site) plan for the
aifected bract shall be submitted by the ~cond party
and be approved by the director prior to the issuance of
building permits. Such master (or site) plan shall show
the proposed location of all access roads, off-street
parking areas, landscaping, other accessory uses,
residential structures and the distribution of dwelling
units among the project structures and shall comply with
all provisions of all sections of this PUD document.
B. In the event a residential tract is sold by the appli-
cant in factional parts to other parties for subsequent
development, the following procedure shall be adhered
tel
1. The developer who proposes to fractionalize any
tract shall submit a master (or site) plan for
property and dwelling unit distribution covering
the entire affected residential tract for review
and approval by the director. Such approval shall
bm obtaineo F&~or to the sale of any fractional
part ~f the =ffm,:ted tract. The master plan of
property and dwel!ing unit distribution shall
include access road size, location, ownership, and
the distribution of land and dwelling units. Seem
2. The developer of a fractional part of a development
tract shall submit, at the time of application for
a building permit a detailed site plan for his
factional part. Such site plan shall show the
proposed location of all access roads, off-street
parking areas, structures and distribution of
dwelling units among the proposed structures.
4.4.3. MINIMUM YARDS:
A. All structures, drives and off-street parking spaces
shall be constructed within Tracts E, F{ M less lots
1-3 and 27-40~ a.8 L and M.
B. Principal structures s--'~-~ not be closer to a street
right of way or to a tract boundary than 30 ft., except
that they sha~l not be closer than 20 ft. to the golf
course. Principal structures shall be separated by a
minimum of 20 ft. or one-half the sum of their height,
whichever is greater.
Villa and attached single-family development shall be
Subject to site plan approval. Principal structures~
for villa and attached sin~le-family development~ may be
closer than 30 ft. from tract boundries if site plan is
approved at a shorter distance.
Detached one-story parking structures shall not be
closer to a street right of way or to a tract boundary
line than 15 ft. Adjoining one-story parking structures
shall be separated by a minim~ of 15 ft.
Setbacks for all other accessory structures shall
conform to the requirements of the RM-~ RMF-6 zoning
district of the Coastal Area Planning Distr~Zoning
Words underlined are added/ words s%~ah-~h~e~h are deleted.
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Ordinance, except that minimum setback from the golf
course shall be 20 ft.
4.4.5. MAXIMUM HEIGHT1
Three floors of living area, with the option of one
.~.~=o...!-~'~ -- ~l~r..._ of ~arkdn~ b~neath the livin~ areav
for Tracts E~ F~ 1~ and M%
Two floors Of living area~ with the option of one additional
floor of parking beneath the living area for Tract H less"
lots 1'-3 and 27-40.
4.4.8. SPECIAL REAR YARD REGULATIONS FOR LOTS 41 THRU 47, BLOCK 32I
Lots 41 thru 47~ Block 32~ are 250 ft. in de~th and the rear
of the lots extend into the westerly edge of the preserved'"
Cypress slough. The amount of extension into the slough
%aries from lot to lot,'but in no case does such extension
exceed ~00 ft. For purposes of complying with the rear yard
requirements set forth in 4.4.3. abOve~ bot~ 41 thru 47 of
Block 32 shall be considered to be 150 ft. in depth. Native
~rees lying east of a line parallel to and 150 ft. easterl~
6f the easterly right of way line of St. Andrews Boulevard
~hall be left ~n place. Underbrush and dead wOOd may be ....
removed and lawn ~rasses may be established in the eastermost
~00 'ft. of Lots 41 thru 47~ BloCk 32~ but no change of
natural ~rades shall be permitted nor shall any structure
~rected~ provided that walkways~ hard surfaced sitting areasf
and minor recreational structures may be permitted by the
Director. Prior to ~ranting approval~ the director shelf
review plans for the proposed paved areas or structures and
she1! determine that what is proposed is a reasonable and'"
~pPropriate use of the edge of cypress slough preserve an~
that the character and quality of the cypress slough preserve
will not be substantially depreciated.' Melaleuca~ Brazilian
pepper~ and Australian pine are not native plant materials in
th~ cypress slough preserve~ and should any of these plant
SPecies become established in that portion of the cypress
slough preserve which lies within a platted lot, removal
permitted and encouraged.
SECTION FOUR:
Ordinance 76-41, P.U.D. Document Section V shall be eliminated in
its entirety.
SECTXON FXVE~
Ordinance 76-41, P.U.D. Document Section 8.1 shall be amended to
read as follows~
8.1 PURPOSE
The purpose of this Section is to describe the design and improve-
ment features of the Lely Country Club project which vary from the
standard provision of the County Zoning project and Subdivision
Regulations. Variation from standard zoning ordinance provisions
was determined by comparing the Lely Country Club master plan and
PUD document provisions with the most comparable conventional
zoning districts, comprising GC- Golf Course for the golf course
portion of the project; RS-~ RSF-3 for the single family residen-
tial portion of the project; an--'~RM-~ RMF-6 for the low-rise
multi-family residential portio-~'-of the
m~d-~se-mu~-6am~½y-~eo~dene~a~-pe~en-e~-~heTp~ogee~?
SECTION SlXl CONFLICT AND SEVERANCE
In the event this Ordinance conflicts with any other ordinance of
Collier County or other applicable law, tho more restrictive sha~l
apply. If any phrase or portio~ of this Ordinance is held invalid
or unconstitutional by any court or competent Jurisdiction, such
portion shall be deemed a separate, distinct and independent
Words underlined are added; words steak-through are deleted.
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Ordinance shall becel ,effeCtive u~n receipt off notice ~'
Worda underlined are added! worde et~ek-th~e~qh are deleted.
PASSED AND DULY ADOPTED by the 'Board o£ County Commissioners of
Collier County, Florida, this ~ day of ~_.e____~_.~ . ,
."BOARD OF COUNTY CO.~dIBSIONERS
COLLIER COUNTY, FLORIDA
FI~DR~CK J; SSS, Chairmah
Approved as to form and legal
lufficiencyt
~enneth B; CUyler-~
Collier Coun%y Attorney
STAT~ OF FLORIDA )
COt~ OF COLLIER )
I, WILLIAM J. RF. AC~{, Clerk of Courts in and for the Tventieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregcing is a
true oriRinal of:
OI~INANCE NO, 8&-85
which was adopted by the Board of County C~issionera durinR Regular Session
the &th day of December, 1984.
WITNESS my hand and the official seal of the Board of County Commissioners
of Collier County, Florida, this 4th day of D~cember, 1984.
Thl% ordlnor~e flied with ~e
Secretory of State's Off,ce t~
~ ~ledge~nl of thor
WILLIAM J. REAGAN
Clerk of Courts and Clerk ..
to Board
Ex-Officio
County Co~l~issionsrs ,?" .. ~ ' .
· .. . ',
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