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Ordinance 82-025ORDINANCE 82- 25 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-5 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY FROM "A-2" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT FOR THE PROPERTY KNOWN AS LELY PALMS OF NAPLES: PART OF SECTION 21, TOI~SHIP 50 SOUTH, RANGE 26 EAST; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Lely Estates, Inc. 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 Commis- sioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property . located in Section 21, Township 50 South, Range 26 East, Collier County, Florida is changed from "A-2" to PUD-Planned Unit Development in accordance with the PUD Document attached hereto as Exhibit "A" which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Map Number 50-26-5, as described in Ordinance 82-2, is hereby amended accordingly. SECTION TWOs This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. DATEs April 20, 1982 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~r~. RUSS" WiMER, CtlAIR~IAN I, WILLI~I J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 82-25 which was adopted by the Board of County Commis~ioners during RQgular Session April 20, 1982. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of April, 1982, WILLI/~4 J. REAGAn! Clerk of Courts and Clerk Ex-officio to Board of County Commissioners Vi rgin~ZMagri, ' ~Do~DU t_~, ~... Thi~ ordinance filed with the Secretary of State'~ Office the 28th day of April, 19S2 and acknowledgement of that l~f12. f il~~eiv~d the 3rd day of Hay, 9i~~i~agri;-Dep~ Clerk' LELY PALMS OF NAPLES PLANNED UNIT DEVELOPMENT LOCATED IN SECTION 21, TOWNSHIP 50 SOUTH RANGE 26 EAST PREPARED BY: WILSON, MILLER, BARTON, SeLL & PEEK, INC. 1383 Airport Road North Naples, Florida 33942 DECEMBER, 1981 Date Issued 3/30/82 Approved by""CAPC 3/1R/82 Approved by BCC 4/20/82 - Ordinance No. 82-2~ TABLE OF CONTENTS SECTION I STATEMENT OF COMPLIANCE PAGE 1-2 SECTION II STATEMENT OF INTENT SECTION III PROPERTY OWNERSHIP & LEGAL DESCRIPTION SECTION IV GENERAL DEVELOPMENT REGULATIONS SECTION V GENERAL DEVELOPME~:T CO~|HIT~iENTS 3-4 5-6 7-8 9-10 · SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Retirement Corporation of America, P.O. Box 1537, Bradenton, Florida 33506 to develop 23.5+ acres of land located in part of Section 21, Township 50 So~th, Range 26 East, 'Collier County, Florida. The name of this proposed development shall hence forth be known as ~ely Palms of Naples. The development of the Lely Palms of Naples as a Planned Unit Development will be in bompliance with the planning goals and objectives of Collier County as set forth in the Comprehenseive Plan. The residential development and recreation and health care facilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: State of Florida Statutes Chapter 163.3177 as amended in 1980, states that local governments must provide adequate sites for future housing, including housing for low-income and moderate-income families, mobile homes, and group home facilities and foster care facilities, with supporting =infrastructure and communit~ f~c~{fes, in the local Government's Comprehensive Plan. When the County adopted the Comprehensive Plan on May 8, 1979, this requirement was not taken into consideration of the design of the future land use element as the Local Government's Comprehensive Planning Act was amended in late 1980. Therefore, the present Collier County Comprehensive Plan does not reflect sufficient future sites to guide development of group home facilities and foster care facilities. This project will serve to partially fulfill the County's o~igation to provide for health-care facilities associated wl~h re$ideBtial retirement communities. - -1- This project will provide an alternative housing source for residents seeking retirement shelter. The subject property has the necessary rating points to determine availability of adequate community facilities and services. 4. The project development is ~ompatible 'and complimentary to the surrounding land uses. All improvements will be in compliance with all applicable regulations. The project development will result in an efficient and economical extension of community facilities and services. The Froject detcl, opment will make available housing to meet the special needs of the elderly and the retirement community of Collier County and in. particular the Greater East Naples area. The project development will provide transportation by way of bus for residents of the community, thereby, conserving energy af~d minimizing excessive movement of traffic. The project sponsor has filed for Certificate of Need and shall receive approval from the appropriate agencies prior to the issuance of building permits. See Exhibit "A". 10. The project development will provide health care capability to those patients who require limited life support and are unable to meet the criteria for hospitalization. The environmentally sensitive areas adjacent to the property present natural recreational features beneficial to residents of the retirement and elderly community. -2- 015 SECTION STATEMENT OF INTENT It is the property owner's intention to commence development Of a health-integrated program for a group retirement, community which will incorporate a licensed skilled nursing care home facility together with various social, recreational, dining, and medical support facilities, geared to the needs of the retired residents of the project'. ~ .' The Lely Palms of Naples shall offer a planned program of an alternative way of life for the aging~ an alternative which promotes their physical, psychological, and social well-being, in turn, extending their lives. Upon completion of development, the Lely Palms of Naples will contain the following structures and facilities, as shown on the Master Plan. 2-3 story residential apartment buildings, each containing a maximum of 125 dwelling units. 12-1 story leisure living units (congregate assistive care) . 34-1 story Multiplex Units with a maximum of 4 units per building. 1 - Licensed health center which will contain a maximum of 120 private or semi-private patient rooms, together with medical support and administrative facilities common to skilled nursing care. - A commons area containing a kitchen, dining, social, recreational, library, gift-beauty shop, administrative and utilitarian services and facilities for the exclusive use of project residents and invited guests. ' - A chapel - Various outdoor recreational areas and facilities. - A golf-cart/pedestrian/bike path extending throughout the project area. -3- 015 2?.. - A project car wash, laundry and maintenance facility. - Manmade lakes and lake-to-lake pipes'and swales. The Lely Palms of Naples project will not be subdivided. The entire project, will be owned and managed by a non-profit organization. ' ' -4- SECTION III ' · PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 3 .2, PROPERTY OWNERSHIP: The subject property is currently owned by Lely Estates, Inc., 105 St. Andrews Boulevard, Naples, Florida 33942, and is under purchase contract agreement with Retirement Corporation of America, Inc. (agents for Naples Retirement, Inc.) LEGAL DESCRIPTION: Ail of that tract or parcel of land lying and being in Section 21, 7'wonship 50 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Commencing at the point of intersection of the west line of Section 21 and the Southerly right-of-way line of Rattlesnake }~ammock Road (C-864), run South 89'-27'-05" East along the said right-of-way line for 2.00 feet; thence run South 89'-18'-20" East along said right-of-way line for 581.21 feet to the POINT OF BEGINNING. thence continue South 89'-18'-20" East along said right-of-way for 1012.46 feet; thence South 18'-25'-12" East for 483.06 feet; thence South 16'-13'-52" West for 890.35 feet; thence South 86'-58'-34" West for 327.18 feet to the Easterly boundary of the proposed Tanglewood Subdivision; Said p(,int lying on a curve concave southwesterly; thence following along the arc of said curve in a northwesterly direction, (said curve having a central angle of 15'-01'-24", a radius of 1290.00 feet, a chord of 337.28 feet, and a chord bearing of North 10'-32'-08" West) for 338.25 feet; thence South 71'-57'-10" West for 150.00 feet to the Northerly right-of-way line of the proposed St. Andrews Boulevard, said point lying on a curve concave southwesterly; -5- thence following along the arc of said curve in a Northwesterly direction, (said curve having a central" angle of 5'-00'-28", a radius of 1140.00 feet, a chord of 99.61 feet, and a chord being of North 20'-33'-04" West), for 99.64 feet; thence North 66'-56'-42" East for 150.00 'feet to the northeasterly right-of-way boundary of the proposed Tanglewood Subdivision, said point lying on a curve concave Southwesterly; thence following along the arc of said curve in a Northwesterly direction, (said curve having a central angle of 26'-19'-46", a radius of 1290.00 feet, a chord of 587.60 feet, a chord bearing of North 36'-13'-11" West), for 592.80 feet; thence North 49'-23'-04" West for 8882 feet, to a point of curvature, said curve lying concave Southwesterly; thence along the arc of said curve Northwesterly, (said curve having a central angle of 5'-15'-16", a radius of 1790.00 feet, a chord of 164.10 feet, a chord bearing of North 52'-00'-42" West) for 164.16 feet; thence South 34'-43'-16" West for 150.01 feet to the Northeasterly right-of-way of St. Andrews Boulevard, said point lying on a curve concave Southwesterly, (said curve having a radius of 1640.00 feet, a central angle of 2'-47'-43", a chord of 80.00 feet, a chord bearing of North 55'-58'-40" West) for 80.01 feet; thence North 34'-43'-16" East for 254.43 feet; thence North 00'-32'-55" East for 194.21 feet to the Southerly right-of-way line of Rattlesnake Hammock Road, (C-864), and the Point of Beginning; The above described tract is subject to'all easements, rights-of-way, reservations, and restrictions of record, and entails 23.529 acres, more or less. -6- 015 SECTION IV ~ GENERAL DEVELOPMENT REGULATIONS 4~2. PURPOSES: The purpose of this Section is to set forth the regulations for development of the property identified on the Master Development Plan. It is the intent of the project sponsor to develop a health care-integrated program for a residential retirement community. PROJECT PLAN: The project plan including internal private street layout is iljustrated in Exhibit A, Master Plan of Development. The project shall consist of the following structures and facilities. 2-3 story residential apartment buildings, each containing a maximum of 125 dwelling units. 12 - One Story leisure living units (congregate assistive care). 17-1 Story Multiplex Units with a maximum of 4 units per building. 1 - One Story licensed health center which will contain a maximum of 120 private or semi-private patient rooms, together with medical support and administrative facilities common to skilled nursing care. A Commons Area, containing a kitchen, dining, social recreational, library, gift-beauty shop, administrative and utilitarian services and facilities. - A chapel - Various outdoor recreational areas and facilities. - A golf cart/pedestrian/bike path. - A car wash, laundry, and maintenance facility. - Manmade lakes and lake-to-lake pipes and swales. -7- 0/.5 31' 4.3. 4,5. 4,6° 4.7, Principal and accessory buildings shall be developed generally as indicated on the master,plan. No principal buildings shall be closer together than one-half the sum of their heights. No building shall be closer to a property boundary than 30 feet or one-half the building height, whichever is greater. MAXIMUM BUILDING HEIGHTS AND DWELLING UN'ITS: 3 stories above the base flood elevation for the .apartments. 1 story above the base flood elevation for all other structures. 296 Maximum living dwelling units. 120 Maximum beds in the health center. MINIMUM DWELLING UNIT FLOOR AREA: 350 Square feet MINIMUM OFF-STREET PARKING: 330 covered and uncovered parking spaces shall be constructed. The Zoning Director may require that additional space shall be provided if a need for such additional spaces is demonstrated after the project is occupied. LIMITATION ON SIGNS: As permitted by the zoning ordinance in effect at time of application for building permit. FIRE SAFETY: Ail applicable Life Safety Codes will be cQmplied with. For the purposes of Building Code Regulations, the health center portion of this PUD is hereby designated as a Fire District as described in the Southern Standard Building Code as adopted by Collier County. -8- SECTION V GENERAL DEVELOPMENT COMMITMENTS PURPOSE: The purpose of this Secti'on is to set forth the standards for development of the project. PUD MASTER DEVELOPMENT. PLAN: The PUD Master Development Plan, (Roger L. Schutte & Associates) RZ-65 is an iljustrative preliminary development plan. The design criteria and layout iljustrated on the Master Plan shall be understood as flexible so that, the final design may satisfy the project and comply with all applicable requirements. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. Minor design changes shall be permitted subject to staff approval. Overall site design shall harmonious in terms of landscaping, enclosure of structure, locations of all improved facilities, and location and treatment of buffer areas. To protect the integrity of the P'lanned Unit Development, the only access road shall be the private road as shown on the Master Plan with an exception of a service entrance off of Rattlesnake Hammock Road. Areas iljustrated as "lakes" shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practicable shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. -9- 5,3, 5.4. 5.5. UTILITIES: Ail requirements for water and wastewater supply shall comply with the Utility Manager Memo dated January 5, 1982 which is made a part of this document. Telephone, power and T.V. cable service shall be made available to all residential areas. All such utility lines shall be installed underground. SOLID WASTE DISPOSAL: Such arrangements and agreements as necessary Shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. EXTERNAL TRAFFIC IMPROVEMENTS ae The petitioner shall provide 17.5 feet of additional right-of-way along the north boundary of the property for future widening of Rattlesnake Hammock Road. If this project is commenced prior to connection of St. Andrews Boulevard to Rattlesnake Hammock Road, the petitioner shall plot and construct that portion of St. Andrews Boulevard from his project entrance to Rattlesnake Hammock Road. -10- 015 34