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Ordinance 2001-035ORDINANCE NO. 01- 35 AN ORDINANCE AMENDING ORDINANCE NUMBER 77-48, AS AMENDED, THE LELY BAREFOOT BEACH PUD, BY PROVIDING FOR: SECTION ONE WHICH AMENDS SECTION 3.4.7., MAXIMUM HEIGHT, OF SECTION III, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, AND SECTION TWO WHICH PROVIDES FOR AN EFFECTIVE DATE. WHEREAS, on September 9, 1977, the Board of County Commissioners approved Ordinance Number 77-48, which established the Lely Barefoot Beach Planned Unit Development; and Whereas, on December 17, 1885, the Board of County Commissioners of Collier County, Florida, approved Ordinance Number 85-83, and on July 21, 1987, Ordinance 87-53, and on August 2, 1988, Ordinance 88-63, and on May 24, 1994, Ordinance 94-28 all of which amended ordinance 77-48; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: AMENDMENTS TO MAXIMUM HEIGHT SUBSECTION OF LOW DENSITY SINGLE-FAMILY RESIDENTIAL SECTION OF LELY BAREFOOT BEACH PUD. Subsection 3.4.7, Maximum Height, of Section III, Low Density Single-Fan~ ~t~Re~ential, of Ordinance Number 77-48, as amended, Lely Barefoot Beach Planned Unit Deve~en~is h~gby amended to read as follows: 3.4.7. MAXIMUM HEIGHT: Twe Three stories with a maximum highest point of roof to be 70-feet ~lli~/D,.mcluding decorative elements, but excluding chimneys. When the first habitable floor is raised a sufficient height above ground level to permit the underbuilding area to be used for automobile parking and other utilitarian purposes, that underbuilding area shall not be deemed to be a story. SECTION TWO: EFFECTIVE DATE 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 AND DULY ADOPTED by the Board Collier County, Florida, this o~,,Z~ day of ~ of County Commissioners 2001. of ATTEST: '. DWIGHT E.'BROCK, CLERK AtteRt as toChalrean's "s.tgaatureonl$. Approved asto Form and Legal Sufficiency: Marj ori~ ]~I. Student - Assistant County Attorney g/admin/Petition/Ordinance No. 77-48/RN/im BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES DS. CARTER, Ph.D., CHAIRMAN This ordinance (i*,-d with the 2t__ecretryof 5~:;tz~"z Office the day of,_ ,~fr___, _~./ _ and ockno','/~eUgernent of that filing received this ~ ~y of ~, ~g ~B~~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2001-35 Which was adopted by the Board of County Co~missioners on the 26th day of June, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27t_b day of June, 2001. DWIGHT E. BROCK Clerk of Courts.~nd Ex-officio to Board. County CommissiOhers By: Ellie Hof fman,, Deputy Clerk