Agenda 02/22/2011 Item #17A
2/22/2011 Item 17.A.
EXECUTIVE SUMMARY
PUDA-PL2009-742, Barefoot Beach Property Owners Association, Inc~, represented by R. Bruce
Anderson, Esquire of Roetzel & Andress, L.P.A., is requesting an amendment to the Lely Barefoot
Beach PUD, adopted in Ordinance No. 85-83, to relocate approved unbuilt dwelling units from area
DC-l "The Cottages at Barefoot Beach" to Lely Barefoot Beach Unit One, Blocks A-K. The subject
site is located on the south side of Bonita Beach Road in Sections 5, 6, 7 and 8, Township 48 South,
Range 25 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced petition and render a decision regarding this rezone
petition; and ensure the project is in harmony with all the applicable codes and regulations in
order to ensure that the community's interests are maintained.
CONSIDERA TIONS:
The purpose of this petition is for a minor amendment to Ordinance Number 85-83, the Lely
Barefoot Beach PUD, to transfer approved 15 unbuilt residential units from one tract of land,
DC-l Cottage area, to another tract of land, Unit 1, Blocks A- K.
The Lely Barefoot Beach PUD is over 30 years old and is mostly built-out. This amendment is
necessary to eliminate the inconsistency between the PUD and the approved and recorded plat.
The DC-l Cottage area was originally approved for 60 dwelling units but only 15 were built.
This proposed amendment re-allocates 15 of the unused 45 residential units from DC-l to Unit 1,
Blocks A-K. The Plat for Unit 1 was approved in 1978 for 132 lots and all of the lots have been
sold. However, the PUD presently allocates only 91 dwelling units in Unit 1. This PUDA, if
approved, will allow 106 single-family home sites to be constructed within Unit 1, Blocks A-K.
The density and intensity of this PUD will not change as a result of this amendment.
Furthermore, this amendment does not propose any changes that would affect environmental,
buffer, or drainage issues. No deviations from the Collier County Land Development Code
(LDC) are being sought with this amendment.
There is a Settlement Agreement between The Conservancy, Inc. and Collier County in regards
to the Lely PUD that requires a PUD amendment such as this to be reviewed and approved by
The Conservancy, Inc. This proposed amendment has been sent to The Conservancy and they
have reviewed and approved it. Please refer to the Attachment 3, Letter from The Conservancy,
Inc.
The petitioner is proposing an amendment Ordinance No. 85-83, the Lely Barefoot Beach PUD
instead of adopting a new PUD by Ordinance and repealing that Ordinance.
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2/22/2011 Item 17.A.
FISCAL IMPACT:
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay a portion of the estimated Transportation
Impact Fees associated with the project in accordance with Chapter 74 of the Collier County
Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include
building permit review fees. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements. Please
note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMP ACT:
Future Land Use Element: Comprehensive Planning staff finds the proposed rezone consistent
with the Future Land Use Element. A more detailed description of the GMP consistency is
contained in the Staff Report.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition PUDA-PL2009-AR-742 - Lely Barefoot Beach PUD on December 16,
2010, and by a vote of 7 to 0 recommended to forward this petition to the Board of County
Commissioners (BCC) with a recommendation of approval subject to the following conditions of
approval:
1. The amendment will not result in any additional impact to open space or preserve areas
within the Lely Barefoot Beach PUD.
2. The amendment will not result in additional encroachment to natural resources beyond
what is already allowed per the PUD and Settlement.
3. As the amendment is reallocating density already contained within the PUD, there will be
no increase in the overall number of units within the development as the result of this
amendment.
4. The open space requirement does not apply to the buildable lots.
Because the CCPC approval recommendation was unanimous and no letters of objection have
been received, this petition has been placed on the Summary Agenda.
The PUD document and the Master Plan have been updated accordingly.
LEGAL CONSIDERATIONS:
This item has been reviewed for legal sufficiency by the County Attorney's office and is legally
sufficient. A supermajority vote is required. -STW
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2/22/2011 Item 17.A.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the request for PUDA-
PL2009-AR-742 - LEL Y BAREFOOT BEACH PUD.
PREP ARED BY:
Nancy Gundlach, AICP, Principal Planner,
Department of Land Development Services
Attachments: 1) Staff Report
2) PUDA Ordinance
3) Ordinance 85-83 Part 1
4) Ordinance 85-83 Part 2
5) Letter from The Conservancy, Inc.
6) Application
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2/22/2011 Item 17.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A.
Item Summary: PUOA-PL2009-742, Barefoot Beach Property Owners Association, Inc.,
represented by R. Bruce Anderson, Esquire of Roetzel & Andress, L.P.A., is requesting an
amendment to the Lely Barefoot Beach PUO, adopted in Ordinance No. 85-83, to relocate
approved unbuilt dwelling units from area OC-1 "The Cottages at Barefoot Beach" to Lely
Barefoot Beach Unit One, Blocks A-K. The subject site is located on the south side of Bonita
Beach Road in Sections 5, 6, 7 and 8, Township 48 South, Range 25 East, Collier County, Florida.
Meeting Date: 2/22/2011
Prepared By
Name: GundlachNancy
Title: Planner, Principal, Comprehensive Planning
1/31/2011 11: 13:34 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 1/31/20112:52:04 PM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 1/31/2011 5:56:06 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Comprehensive
Date: 2/112011 8:52:16 AM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 2/112011 9:41:32 AM
Name: FederNonn
Title: Administrator - Growth Management Div,Transportati
Date: 2/112011 10:55:52 AM
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Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/112011 11:28:08 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2110/2011 10:08:52 AM
Name: StanleyTherese
Title: ManagementlBudget Analyst, Senior, Office of Management & Budget
Date: 2111/201 I 8:14:41 AM
Name: OchsLeo
Title: County Manager
Date: 2/13/2011 6:34:23 PM
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2/22/2011 Item 17.A.
2/22/2011 Item 17.A.
AGENDA ITEM 9-A
Co~T County
_ l.-~ __
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF LAND DEVELOPMENT SERVICES
GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION
HEARING DATE: DECEMBER 16,2010
SUBJECT:
PETITION PUDA-PL2009-AR-742 - LELY BAREFOOT BEACH PUD
(PLANNED UNIT DEVELOPMENT)
APPLICANT/AGENT:
Barefoot Beach Property Owners
Association, Inc.
195 Barefoot Beach Boulevard
Bonita Springs, FL 34134
Mr. R. Bruce Anderson, Esquire
Roetzel & Andress
850 Park Shore Drive
Trianon Centre, Third Floor
Naples, FL 34103
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC) consider an
amendment to the Lely Barefoot Beach PUD, to re-allocate 15 approved unbuilt dwelling units
from area DC-l "The Cottages at Barefoot Beach" to Lely Barefoot Beach Unit 1, Blocks A-K.
GEOGRAPIDC LOCATION:
The Lely Barefoot Beach PUD is located on the south side of Bonita Beach Road (CR 865), just
over 1 mile west of Vanderbilt Drive (CR 901) in Sections 5, 6, 7 and 8, Township 48 South,
Range 25 East, Collier County, Florida. (See the location map on following page.)
PURPOSEIDESCRIPTION OF PROJECT:
The purpose of this petition is for a minor amendment to Ordinance Number 85-83, the Lely
Barefoot Beach PUD, to transfer approved 15 unbuilt residential units from one tract of land, DC-l
Cottage area, to another tract of land, Unit 1, Blocks A-K.
The Lely Barefoot Beach PUD is over 30 years old and is mostly built-out. This amendment is
necessary to eliminate the inconsistency between the PUD and the approved and recorded plat.
Lely Barefoot Beach PUD. PUDA-PL2009-742
November 23.2010
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2/22/2011 Item 17.A.
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DC-1 "The Cottages at Lely Barefoot Beach"
2/22/2011 Item 17.A.
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2/22/2011 Item 17.A.
The DC-I Cottage area was originally approved for 60 dwelling units but only 15 were built. This
proposed amendment re-allocates 15 of the unused 45 residential units from DC-I to Unit I,
Blocks A-K. The Plat for Unit 1 was approved in 1978 for 132 lots and all of the lots have been
sold. However, the PUD presently allocates only 91 dwelling units in Unit 1. This PUDA, if
approved, will allow 106 single-family home sites to be constructed within Unit 1, Blocks A-K.
The density and intensity of this PUD will not change as a result of this amendment. Furthermore,
this amendment does not propose any changes that would affect environmental, buffer, or drainage
issues. No deviations from the Collier County Land Development Code (LDC) are being sought
with this amendment.
The petitioner is proposing an amendment Ordinance No. 85-83, the Lely Barefoot Beach PUD
instead of adopting a new PUD by Ordinance and repealing that Ordinance.
SURROUNDING LAND USE AND ZONING:
North: Bonita Beach Road (CR 865) and then the Lee County line.
East: Little Hickory Bay, with a zoning designation of Agriculture (A).
South: Wiggins Pass, with a zoning designation of Agriculture (A).
West: Lely Barefoot Beach PUD, then the Gulf of Mexico.
AERIAL PHOTO
Lely Barefoot Beach PUD, PUDA-PL2009-742
December 3, 2010
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2/22/2011 Item 17.A.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element: The subject property is located within the Urban designated area
(Urban - Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide
Future Land Use Map of the Growth Management Plan (GMP). Additionally, the site is within the
Coastal High Hazard Area and the Traffic Congestion Area. Within this designationt and in
accordance with the Density Rating System of the Future Land Use Element (FLUE): a base
density of four (4) dwelling units per acre (duJa) is allowed, less one (1) duJa for lying within the
Traffic Congestion Area, resulting in an eligible density of 3 duJa.
The Lely Barefoot Beach PUD, originally approved in the late 1970' s and well before the present
GMP, is approved for a gross density of 2.25 DU/A. The proposed amendment merely re-allocates
a portion (15 dwelling units) of the approved density internally - there is no change to the PUD
density. The FLUE does not regulate density on tracts within an overall development project.
FLUE Objective 7 and subsequent Policies regard Smart Growth principles derived from the
Toward Better Places, Communitv Character Plan for Collier County. Staff provides no analysis
as to compliance with these provisions as the PUD is platted and substantially developed.
GMP Conclusion: Based upon the above analysis, Comprehensive Planning staff finds the
proposed rezone consistent with the Future Land Use Element (FLUE).
ANAL YSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a
favorable determination must be based. These criteria are specifically noted in Sections 10.02.13
and 1O.02.13.B.5 of the Collier County Land Development Code and required Staff evaluation and
comment. The staff evaluation establishes a factual basis to support the recommendations of staff.
The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their
recommendation to the Board of County Commissioners (BCC), who in tum use the criteria to
support their action on the rezoning request.
Environmental Review: Environmental Services Staff reviewed this petition and determined that
the proposed amendment will not have any impact on environmental issues. Similarly, the
Environmental Advisory Council did not review this petition because the proposed changes do not
have any impact on environmental issues.
Transportation Review: Transportation Department Staff has reviewed this petition and the has
determined that the proposed amendment will not have any transportation impact.
Utility Review: The Utilities Department Staff has reviewed the petition and has no objection.
This PUD amendment does not impact the utilities provision (per the Statement of Utilities
submitted).
Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A
discussion of this relationship, as it applies specifically to Collier County's legal basis for land use
Lely Barefoot Beach PUD, PUDA-PL2009-742
November 23,2010
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planning, refers to the relationship of the uses that would be permitted if the proposed zoning
action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP.
The proposed change as noted previously is minor - to relocated 15 units from DC-l to Unit 1,
Blocks A-K.
As previously noted, this site is located on the south side of Bonita Beach Road (CR 865), just
over 1 mile west of Vanderbilt Drive (CR 901). To the north is the Lee County line. The
remainder of the site is surrounded by water. To the east is Little Hickory Bay, to the south is
Wiggins Pass and to the west is the Gulf of Mexico.
REWNE FINDINGS:
LDC Subsection 10.03.05.1. states, "When pertammg to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners... shall show
that the planning commission has studied and considered proposed change in relation to the following
when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning
Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as
also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD.
(Staffs responses to these criteria are provided in non-bold font):
1. Whether the proposed change will be consistent with the goals, objectives, and policies and future
land use map and the elements of the GMP.
The Comprehensive Planning Department has indicated that the proposed PUD amendment is
consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth
Management Plan (GMP).
2. The existing land use pattern.
This amendment will not affect the existing land use pattern. The existing land use pattern will
remain the same.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
Not applicable. The districts are existing and established.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the
property proposed for change.
Not applicable. The districts are existing and established.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
As previously stated, this amendment is necessary to eliminate the inconsistency between the PUD
and the approved and recorded plat. The DC-l Cottage area was approved for 60 dwel.ling units
but only 15 were built. The proposed amendment relocates rights to build 15 of the unused
Lely Barefoot Beach PUD, PUDA-PL2009-742
November 23,2010
Page 6 of 12
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residential units from DC-l Cottage area to Unit 1, Blocks A-K. The Plat for Unit 1 was approved
in 1978 for 132 lots and all have been sold, however the pun presently allocates only 91 dwelling
units in Unit 1. This amendment will allow 106 single-family units in Unit 1, Blocks A-K.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The amendment will not add more dwelling units, but will only allow for the transfer of 15
residential dwelling units from one residential tract to another residential tract. Therefore, Staff is
of the opinion that the proposed change will not adversely impact the living conditions in the
neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction phases
of the development, or otherwise affect public safety.
The proposed amendment will not adversely impact traffic circulation.
8. Whether the proposed change will create a drainage problem.
The proposed amendment will not affect drainage. Furthermore, the residential sites are subject to
the requirements of Collier County and the South Florida Water Management District.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The PUD requires compliance with building setbacks and single-story height restrictions as
identified in PUD document. When meeting these requirements, light and air will not be reduced
to adjacent properties.
10. Whether the proposed change would adversely affect property values in the adjacent
area.
Staff is of the opinion this PUD amendment will not adversely impact property values.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
The adjacent properties as well as existing properties will continue to be developed in accordance
with the existing PUD regulations.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
Lely Barefoot Beach PUD. PUDA-PL2009-742
November 23,2010
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The proposed PUD amendment does not constitute a grant of special privilege. Consistency with
the FLUE is further determined to be a public welfare relationship because actions consistent with
plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The subject property can be developed within existing PUD regulations.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the
neighborhood.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however, this
is not the determining factor when evaluating the appropriateness of a PUD amendment. The
petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does
not review other sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration which would
be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
Any development anticipated by the PUD document would require site alteration and these
residential sites will undergo evaluation relative to all federal, state, and local development
regulations during the building permit process.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County GMP and as defined and
implemented through the Collier County adequate public facilities ordinance.
The development will have to meet all applicable criteria set forth in the LDC regarding Adequate
Public Facilities for and the project. It must be consistent with all applicable goals and objectives
of the GMP regarding adequate public facilities. This petition has been reviewed by county staff
that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that
staff has concluded that no Level of Service will be adversely impacted.
18. Such other factors, standards, or criteria that the Board of County Commissioners shall
deem important in the protection of the public health, safety and welfare.
To be determined by the BCC during its advertised public hearing.
Lely Barefoot Beach PUD, PUDA-PL2009-742
November 23, 2010
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PUD FINDINGS:
LDC Subsection 1O.02.13.B.5 states that, "In support of its recommendation, the Planning
Commission shall make findings as to the PUD Master Plan's compliance with the following
criteria: "
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
As previously stated, the property is already developed with residential uses. The re-allocation of
residential dwelling units should not have a negative impact upon any physical characteristics of
the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities.
Furthermore, this project, if developed, will be required to comply with all county regulations
regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public
Facilities of the LDC.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they
may relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at public
expense.
Documents submitted with the application provided satisfactory evidence of unified control. The
PUD document and the general LDC development regulations make appropriate provisions for the
continuing operation and maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives and
policies of the GMP (GMP).
County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives
and policies of the GMP within the GMP discussion of this staff report. Based on that analysis,
staff is of the opinion that this petition can be found consistent with the overall GMP.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
The currently approved development, landscaping and buffering standards were determined to be
compatible with the adjacent uses and with the use mixture within the project itself when the PUD
was approved. Staff believes that this amendment will not change the project's compatibility,
both internally and externally, with the proposed re-allocation of residential dwelling units.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The existing open space set aside for this project meets the minimum requirement of the LDC.
Lely Barefoot Beach PUD, PUDA-PL2009-742
November 23, 2010
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6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
As previously stated, this PUD is over 30 years old and is mostly developed. The project
development must be in compliance with all other applicable concurrency management regulations
when development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The residential lots are already platted and are ready to accommodated construction/expansion.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations.
As mentioned earlier, this PUD is existing and the re-allocated residential units will conform with
existing PUD regulations.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant duly noticed and held the required meeting on October 27, 2010 at 5:30 p.m. at the
Lely Barefoot Beach Clubhouse, 195 Barefoot Beach, Bonita Springs, Florida. Approximately 24
people and the applicant, agent and County Staff attended the meeting.
The applicant's agent explained the purpose of the PUD amendment is to correct a discrepancy
between the pUD and the recorded plat for the Beach Gardens (aka Lely Barefoot Beach Unit 1,
Blocks A-K). The PUD only authorizes 91 dwelling units to be constructed in the Beach Gardens.
However, there may be as many as 106 buildable lots in the Beach Gardens (132 lots were
originally platted).
Without the PUD amendment there could be some lot owners in the Beach Gardens who could not
build a home because the POO limit of 91 dwelling units is less than the number of buildable lots
in the Beach Gardens area. After the 91 Sl home is built, any property owner who applies for a
building permit for a new home will be denied by the Collier County. (That is a first come, first
served basis.)
The POO allows 60 dwelling units to be built in the area where the Cottages at Barefoot Beach are
located. However, only 15 were constructed, which left 45 dwelling units unused. Lely
Development Corporation, the original developer, owned the rights to those 45 units and assigned
them to Barefoot Beach Property Owners Association (POA).
The PUD Amendment will correct the conflict between the POO and the Plat by re-allocating 15
authorized, but unbuilt dwelling units from the Cottages area to the Beach Gardens area. The POO
application request is for 15 of the 45 unused dwelling units from the Cottages area to be re-
allocated to the Beach Gardens.
Lely Barefoot Beach PUD. PUDA-PL2009-742
November 23.2010
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Gene Winfieldt, President of POA, explained that the problem came to be as a result of original
developer's failure to allocate density correctly. Former Boards considered rectifying the problem.
However, it is an extremely difficult problem and a decision was made not to address it. Joe
Schmitt, former Community Development and Environmental Services Administrator, requested
that POA correct the problem by amending the PUD in order to avoid future problems.
The meeting concluded at approximately 6:45 p.m.
Synopsis provided by Bruce Anderson, Esquire, and edited by Nancy Gundlach, Principal Planner.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staffreport for Petition POOA-2009-742, revised on
November 23,2010.
RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission fOlWard Petition PUDA-PL2009-AR-742 to the Board of County Commissioners
with a recommendation of approval of this amendment.
Lely Barefoot Beach PUD, PUDA-PL2009-742
November 24, 2010
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2/22/2011 Item 17.A.
PREPARED BY:
CH, AICP, PRINCIPAL PLANNER
OF LAND DEVELOPMENT SERVICES
-Ylov. 10 J QJ)fD
DATE
REVIEWED BY:
~o: i?r~
RA YMON V. BELLOWS, ZONING MANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
II"Z:'l.,-/O
DATE
11-2.1,-"ZoID
DATE
APPROVED BY:
6M
II. Jo ., /0
NICK CASALANGUIDA, DE TY ADMINISTRATOR
GROWTH MANAGEMENT DIVISION
DATE
\;V\ cvlP ~
MARK P. STRAIN, CHAIRMAN
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DATE
Tentatively scheduled for the February 8, 2011 Board of County Commissioners Meeting
Attachments:
Attachment A: Ordinance
Lely Barefoot Beach PUD, PUDA-PL2009-742
November 19, 2010
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2/22/2011 Item 17.A.
ORDINANCE NO. 11 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 85-83, AN ORDINANCE
AMENDING NO. 85-21, WHICH AMENDED NO. 77-48, THE
LELY BAREFOOT BEACH PLANNED UNIT
DEVELOPMENT (PUD) BY AMENDING THE TITLE PAGE;
BY AMENDING SECTION 3.2 TO INCREASE THE
MAXIMUM DWELLING UNITS WITHIN BLOCKS A
THROUGH K OF BAREFOOT BEACH UNIT #1 BY 15
UNITS; BY AMENDING SECTION 13.5 TO DECREASE THE
MAXIMUM DWELLING UNITS WITHIN DEVELOPMENT
CORRIDOR DC-I OF LEL Y BAREFOOT BEACH SOUTH BY
15 UNITS; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 27, 1977, the Board of County Commissioners adopted
Ordinance No. 77-48, as amended, which established the Lely Barefoot Beach Planned Unit
Development ("PUD"); and
WHEREAS, Bruce Anderson, Esquire of Roetzel & Andress, P.A., petitioned the Board
of County Commissioners to amend Ordinance No. 85-83, the relevant amendment to Ordinance
No. 77-48, the Lely Barefoot Beach PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION 3.2 TO INCREASE MAXIMUM
DWELLING UNITS.
3,2 MAXIMUM DWELLING UNITS
A maximum of 9+ 106 single family homesites may be constructed within platted Lely
Barefoot Beach Unit #1, Blocks A through K.
SECTION TWO:
AMENDMENT TO SECTION 13.5 TO DECREASE MAXIMUM
PERMITTED DWELLING UNITS.
13.5 MAXIMUM PERMITTED DWELLING UNITS
DC-I 6(} 45
DC-2 15
Underlined text is added; Struek through text is deleted.
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DC- 3 12
DC-4 10
TOTAL 9+ 82
The maximum number of dwelling units permitted on individual corridors may not be
increased. Dwelling units may be transferred to Tracts H and I.
SECTION THREE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DUL Y ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this _ day of ,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W, COYLE, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T, Williams 5.,0
Assistant County Attorney rf,z fa
CP\ 1 o-CPS-O 1 050\21
Underlined text is added; 8tr\:1ek through text is deleted.
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WHEREAS, on September 9, 1977, the Board of County COllllllissioners
Planned Unit Development; and
,
1985, the Board of
County
C01llllliasioners
WHERE:AS, on June 4,
&ODK 0221)0'o!.378'
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ORDINANCE 85- 83
.AN ORDINANCE AMENDING ORDINANCE NUMBER 85,.21 ),j
ORlHNAtOCE AMENDING ORDINANCE I~UMBER 77-48, LElY
:l: BA!EFOOT BEACH PUl> BY AMENDING THE TITLE nGE, INDE.~;
;:} ~^ifu SECTION 1, PROPEIlTY OWNEIlSHIP AND DESCRIPTION, TCJ
::1 ~ PROVIDE FOR THE RE"/ISIONS; AMEND I Nt.: SECTION n,
~ eo ilROJECT DEVELOPMENT, TO REVISE THE [IEVELOPHEll';
;; ~ f~TRAcTS. ADD FRACTIOl:ALIZATION AND CONCEJ'TUAL P~"
:! :: 8APPROVAL PROC~URES IJID REVISE FINAL SITE [lEVELOPME:I:.
i1!:1 t:l: PLAt> APPROVAL PROCEDURES; AMENDING SECTION x, SING'li;:
~ Q ~ OR MULTI-FAMILY RESIDENTIAL DEVELOPMf.NT, TO DELIT.;:
~ TRACTS E, F, AND G INCLUDING RELATED DEVELOPHElII
c,. STANDARDS AND PROVIDE FOil TRACTS H AND I ONLY;
REPLACING SECTION XI, TRACT J: UTILITY SITE, Wli:'H
SECTION XI, TRACT LELY BEACH NORTH: SINGLE mc
MULTI-FAMILY RESIDENTIAL DEVELOPMENTS, AND PROVIDIlIG
DEVELOPMENT STANDAltDS AND REGULATIONS; REPLACIllG
SECTION XII, TRACTS K AND L: COHMUNITY RECREATION
AREAS, WITH SECTION XII, TRACT ACTIVE COMMUNI:Y
RECREATION AREA, AND PROVIDING DEVELOPMENT STANDAllDS
AND REGULATIONS; REPLACING SECTION XIII, TRACTS M, N
AND j: MANGROVE PRESERVES, WITH SECTION XIII, TRAC::
LELY BEACH SOUTH, AND PROVIDING DEVELOPMENT STAND^~:S
AND REGULATIONS; REPUCING SECTION XIV, EXC:EPTIONS 70
COUNTY SUBDIVISION REGULATIONS. WITH SECTION XIV,
PASSIVE COMMUNITY RF-CREATION ~EA, AND PROVIDIl;G
DEVELOPMENT STANDARDS ;.NO REGl....ATIONS; REPLACI1:G
SECTION XV, trI'ILITIES CONDITIONS, WITH SECTION r:~,
TRACT J: trI'ILITY SITE, WHICH WAS PREVIOUSLY. SEenON
XI, AND PROVIDING THE ORIGINAL DEVELOPMENT STANDARDli;
REPLACING SECTION XVI, P\l.OJECT IHPROVEM::NTS, WI.H
SECTION XVI, TRACTS X, N AND 0: MANGROVE PRESERVES,
lJHICH WAS PREVIOUSLY SECTION XIII, AIm PROVIDING TIlE
ORIGINAL DEVELOPMENT ST~~ARDS AND DEDICATION OF
THESE TRACTS TO THE STATE; REPLACING SECTION XVII,
ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS, WI78
SECTION XVII, EXCEPTIONS TO COUNTY SUBDIVISIOS
REGULATIONS, WHICH WAS PREVIOUSLY SECTION XIV Alii)
PROVIDING THE ORIGINAL STANDARDS AND AN ADDITIONAl.
EXCEPTION TO THE REQUIRED STREET RIGHT-OF-WAY WIDTlrs
M~ ALIGh"MENT; REPLACING SECTION XVIII, PROTECTI\'!
COVENANTS, WITH SECTION XVIII, UTILITIES CONDITIONS.
WHICH WAS PREVIOUSLY SECTION XV AND PROVIDING TIlE
ORIGINAL REGULATIONS; ADDING SECTION XIX, PROJECT
IMPROVEMENTS, WHICH WAS PREVIOUSLY SECTION XVI ......m
PROVIDING THE ORIGINAL REGULATIONS WITH MINOn
AMENDMENTS TO PROVIDE FOR OTHER REVISIONS; ADDING
SECTION XX, SPECIAL ENVIRONMDlTAL PROTECTlOII
REGU1..ATIONS, TO PROVIDE DEVELOPMENT STANDARDS AND
REGULATIONS WHICH ARE PART OF THE SETTLEMENT; ADDING
SECTION XXI, ENVIRONMENTAL ADVISORY COUNCIL STIPU-
LATIONS, lJHICH WAS PREVIOUSLY SECTION XVII AND
PROVIDING .THE ORIGINAL STIPULATIONS; ADDING SECTION
XXII, PROTECTIVE COVENANTS. WHICH WAS PREVIOUSL.r
SECTION XVIII, ~~ PROVIDING THE ORIGINAL PROTECTI\~
COVENANTS; ADDING EXlIIBITS A THROUGH E; AND 1!"r
PROVIDING AN EFFECTIVE DATE:
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approved Ordinance Number 77-48 vhich established the Lely Barefoot Beach
approved Ordinance Number 85-21 ~hicb amended Ordinance Number 77-48; an~
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WHEREAS, thereafter, Robert H. Blades filed a la~8uit in th^ r.ircuit
Court for Collier County, Florida, Circuit Civil Number 8S-1S70-CA-OI-CTC,
agdnst Lely Estatea, Inc., a Florida Corporation, and Collier County;
and
WHEREAS, . simultaneoUsly, thl Conservancy, Inc. a Not-For-Profit
Florida Corporation, fHed a lavsuit in the Circuit Court for Collier
County, Flodda. Circ:uit Civil NU1Dber 8S-I571-CA-OI-Crc, (Igainst Lely
Estatea. Inc:.. a Florida Corporation, and Collier County; and
WHEREAS, the Conaervancy, Inc:. and Lely Estatea, Inc:. desire to
aettle the above referenc:ed ca.ea; and
WHEREAS. aaid &ettlellent entaUa alllenellllenta to Ordillance NUlllber
8~-21. an O"d.tnance'\.~allending Ordinance NUlIber 77-48 vhich establiahed
the Lely Barefoot Beach Planned Unit Development;
NOW. THEREfORE BE IT ORDAINED BY THE BOARD OF COIlNTY C':>~.HlSSIONERS
OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
Ordinance Nu1Dber 85-21, au Ordinanc:e Amending Ordinance NU1Dber
77-48. the Lely Barefoot Seach PUD. is hereby amended 88 shewn on thl!
revised Barefoot Beach PUD Document. attached herate 88 ExM.bit tlA" and
by reference lIade a part hereof.
SECTION 'NO:
Thi. Ordinance ahall become effective upon notice that it haa beeD
received by the Office of the Secretary of State.
DATE: December 17, 1985
COMMISSIONERS
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CHAIRMAN
.,ATTEST:
~\)~n!Iw~IAK J.
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nal. ~Jnonc:e fll~ wIth the
Sec~ of ~." OffIce the
oi.'=Ia day of ~ ~ .LSZS;
Grld oelcnowladgement of !bat
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O:dinanee Amend Barefoot Beach
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BAREFOOT BEACH
A
PLANNED UNIT DEVELOPMEnT
, BY
LELY ESTATES INC.
5101 East Tamin; Trail .
Naples, Florida 33962
This PUD amends PUD ordinance ~ and 85-21
PREPARED BY
V;NES-&-ASSg';A+ES,-tNG~
1tS-+eftth-St,eet-Se~th
Nap~es,-F~8P~.a--aa949
COASTAL ENGINEERING CONSULTANTS, INC.
3883 Davis Boulevard, P.O. Box 8306
Naples, Florida 33941
CEe File No. 85.149
MAR~~--t986
NOVEMBER 1985
DATE ISSUED
DATE APPROVED BY CAPC--
DATE APPROVED BY BCC 12/17/05
ORDINANCE HUMBER__ a5-3J
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INDEX
SECTION PROPERTY OWNERSHIP & DESCRIPTION
SECTION II PROJECT DEVELOPMENT
SECTION III PLATTED LELY BAREFOOT BEACH UNIT 11
BLOCKS A through K
LOW DENSITY SINGLE FAMILY RESIDENTIAL
SECTION IV LELY DARE FOOT BEACH UNIT 11
TRACT A
GATEHOUSE COMPLEX SITE
SECTION V PLATTED LELY BAREFOOT BEACH UNIT II
TRACT B
COMMUNITY RECREATION CENTER 11 SITE
SECTION VI PLATTED LELY BAREFOOT BEACH UNIT II
TRACT C
LANDSCAPED ENTRANCE DRIVE STRIP
SECTION VII PLATTED LELY BAREFOOT BEACH UNIT II
BEACH GARDENS A through K
SECTION VIII PLATTED LELY BAREFOOT BEACH
TRACT BF
BEACHFRONT COMMON OPEN SPACE
SECTION IX TRACT 0, LOW DENSITY SINGLE FAMILY
RESIDENTIAL DEVELOPMENT
SECTION X TRACTS E,-F,-ST H, AND I
b9W-i9-H~9-Rt&E SINGLE OR MULTI-FAMILY
RESIDENTIAL DEVELOPMENT
SECTION XI iRAGt-~t-Uttbt;~-SttETRACT LELY BEACH NORTH:
SINGLE OR MULTI-FAMILY RESIDENTIAL
DEVELOPMENT
SECTION XII lRAGtS-K-&-bt-GQ~HUN~t~-RE'REAl~eN-AREAS
TRACT: ACTIVE COMMUNITY RECREATION AREA
SECTION XIIi lRAGiS-H,-N-&-Qt-HANSRQVE-PRESERVES
TRACT: LELY BEACH SOUTH
SECTION XIV EX'EPti9HS-l9-'9UN;~-SU89tViSi9N-RESUbAit9NS
PASSIVE COMMUNITY RECREATION AREA
SECTION XV UiibitiES-SQN9itiQNS TRACT J: UTILITY SITE
SECTION XVI PRe~EG;-IHPR9VEHEN;S TRACTS M, N ~ 0:
MANGROVE PRESERVES
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~3~3
1 thru 2
3 tnru 10
11 thru 14
15 thru 16
17 thru 1~
20
21 thru 22
23
24 thru 27
28 thru 34
35 thru 38
40 thru 43
44 thru 48
49 thru 50
51
52
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SECrION XVII ~NVtR9HMEH;A~-A9V;&9R~-'9YH'tb-S;*PYbA;t9NS 53 thru S4
EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS
SECTION XVIII UTILITIES CONDITIONS 5S thru 61
SECTION XIX PROJECT IMPROVEMENTS 62 thru 67 ,
SECTION XX SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS 68 thru 73
SEC"rrON XXI ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS 74 thru 7S
SEC'nON xxrI PROTECTIVE COVENANTS 76
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EXHIBIT I'A" Lely Barefoot Beach P.U.D. Master Plan
EXHIBIT "a" Site Plan for Community Recr~atlon
Center, Number 1
EXHIB IT "C. Lely Beach North Conceptual ?1an
EXHIBIT .0" Lely Beach South Conceptual Plan
EXHIBIT "E" Legal Description
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTrON
1. 1 ~li
The purpose of the Section is to set forth the location
and ownership of the property, and tD describe the
existing conditions of the property ~o be developed
under the project name: BAREFOOT BEACH.
1.2 LEGAL DESCRIPTION:
See attached, Exhibit E.
1.3 ZONING HISTORY AND PROPERTY OWNERSHIP:
All of the subject property was zoned PUD en 9-27-77 by
Ordinance 77-48. Lely Barefoot Beach Subd~vision Unit
II, a part of the area zoned PUD by Ordinance 77-48,
was filed on 8-7-78. A portion of the homesites within
lely Barefoot Beach Unit #1 have been sold and private
residences constructed thereon. Devp.lopmer.t standards
set forth in this PUD document which govern the
homesites in Lely Barefoot Beach Unit II are unchanged
from the development standards previously approved as a
part of PUD document 77-48. All of the property within
this application othec than previously sold lots in
Lely Barefoot Beach Unit II is owned by Lely Estates,
Inc., the PUD applicant. This PUD r~gulatory document
and Exhibits, ~he-PUg-Maste,-P~aR, amends the PUD
regulatory document and Master Plan adopted by PUD
Ordinance 77-4B and PUD Ordinance 85.21.
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1.4 GENERAL DESCRIPTION OF PROJECT AREA:
The project site occurs in the north~rnmost two mi1as
of gulf beach front land in Collier County, It is
accessible from the north via Bonita Seach Road. It is
bounded on the north by the Collier/Lee County line.
the west by the Gulf of Mexico, the south by the south
line of Section S. Township 4B S. Range 25 E. and the
east by Little Hickory Bay and the waterway which
extends southerly from the Little Hickory Bay to
Wiggins Pass. Gulf front lands betwp.en the Barefoot
Beach property and Wiggins Pass to the south are owned
by the State of Florida. The property lies within ~rea
"A" of the Collier County Water-Sewer District and
within Collier County Water ~anagement District 17.
1.5 PHYSICAL DESCRIPTION:
The project fronts on the Gulf of Mexico. Thp. physical
characteristics include gulf fronting sand beach; lew
dunes and developable uplands behind the beach; and
mangrove wetlands and tidewaters east of the
developable uplands. The de~elopable area is limited
on the west by Coastal Construction Control regulations
a~d on the east by wetlands protection regulations.
Elevations within the project area range from sea level
to 9,5 feet above sea level. The highest elevation is
the crest of a coastal dune which lies landwar~ of the
sand beach, Natural land slopes and natural drlinage 's
both gulfward and bayward from the crest of the dune.
Soil types in the project area are mangrove swamp and
costal beach. The coastal beach soils. where develop-
mental activities have occurred and are planned, are
composed of sand and shell and are highly permeable.
Water management plans for the projec~ rely primarily
on shallow catchment areas and ground infiltration.
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SECTI ON I I
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to describe the develop-
ment plan; the land uses within the plan; and to set
forth maximum den~ity and development criteria,
2.2 GENHAL
'10>
A. Development of the Barefoot Beach PUD shall occur
in accord with the contrnts of this PUD jocument,
associated exhibits, ana applfc!ble sections of
the Collier County Zoning Ordin!nce.
B. Unless otherwise noted, the definitions of all
terms used in this document shall be the same a~
definitions set forth in the Collier County Zoning
Ordinance.
C. No physical change and no regulatory' change is
planned for the single family homesites within
platted Lely Barefoot Beach Unit II, nor to the
mangrove preserve areas committed by the original
pun to be preserved in their natural conditions,
in perpetuity. Us.es permitted, development stan..
dards, and related regulations ~pplicablc to Lely
Barefoot Beach Unit II single family homesltes and
to the three mangrove preserve areas are unchanged
from the originally approved Master Pl~n and PUD
document.
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2.3
PROJECT PLAN AND LAND USE\TRACTS
A. The project plan, including street locations,
tract boundaries, land use and number of dwp.lling
units p~rmitted in the various tracts are graph-
ically illustrated by Exh+~;'-~A~,-the-Ba~e~eet
8eaEh-pyg-Ha5te~-P+aR the Barefoot Beach Master
Plan and other attached Exhibits.
1. Platted Lely Barefoot Beach Unit II, Blocks
A through K: Low density single family
residential. 42.50 acres
2. Platted Lely Barefoot Beach Unit 11.
Tract A: Gatehouse complex site .91 acres
3. Platted Lely Barefoot B~ach Unit II. Tract B;
cOl1lllunity recreation Cel.ter 11 site 3.31 acres
4. Platted Lely Barefoot Beach Unit II,
Tract: Landscaped entrance drive strip 1,36 acres
5. Platted Lely Beachfront Beach Unit II,
Road right-of-way 5.37 acres
6. Road right-of-way south of Platted Lely
Barefoot Beach Uni t n 10.63 ae 'es
7. Tract 0: low density single family residential 2.53 acres
B. +~aet-E Lely Beach North: Single or
Multi-family resIdential Hl..44.31 ael"es
9. +Faet-F Lely Beach South: Single or
Multi-fam1ly resIdential 29.gg ~9 acres
10. +Faet-S Active Community Recreation Area:
Community Recreation SIte i4.BS 1Q acres
11. Tract H: Single or Multi-family residential 66.06 acre,
12. Tract I; Single or Multi-family residential 11.97 acres
13. Tract J: Utilitarian site 2.25 acre~
14. +Faet-K Tract: Passive Community
recreation sIte 2.fB ~ acres
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Hi ],i. Tract H: Mangrove preserve 64.21 acres
HJ.!. Tract N: Mangrove preserve 23.47 acres
;,all. Tract 0: Mangrove preserve 19.04 acres
Open Water area 128.11 acres
Gross project area 461. 65 acres:,
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B. The meandertrig north/~~uth project access road
shown en the master plan is constructed as Lely
Beach Blvd. from its intersection with Bonita
Be~ch Road to the south line of the plat of Lely
Barefoot Beach Unit 11. The road alignment from
the south line of the plat of Lely Barefoot beach
Unit '1 to the south line of the project has been
approved by local, state, and federal agencies,
and is partially constructed. The final
right-of-way alignment and width may vary as a
result of (1) wetland jurisdiction (2) detailed
site planning to preserve native habitat or (3~ to
accommodate percent coverage requirements. Final
road alignment and right ,of-way width shall be
!E?roved during final review and approval of
detailed site development plans per Section 2.7
below.
c.
In addition to platted Lely Barefoot Beach Unit 11
and Tracts D through 0 which are shown on Exhibit
"A", easements (utility, privat~, semi-public,
etc.) have been or will be established within or
along the various tracts as may be nec~5sary of
deemed desirable to serve the project.
2.4 MAXIMUM PROJECT DENSITY
No more than a maximum of 690 residential dwelling
units, single and multi-family, shall be constructed in
the total project area. The gross project area is
461,65 acres, of which 128.11 acres is open water and
333,5~ acres is upland and mangrove vegetated wetland.
690 units divided by 333.54 acres results in a gross
project density of 2,07 dwelling units per acre.
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2.5 FRACTIONALIZATION OF TRACTS
A. When the developer sells an entire Tract or a
building parcel (fraction of a Tract) to subse-
quent owner, or proposes development of such
property himself, the developer shall provide to
the Director for approval, prior to the sale or
development of ~uch property, a boundary drawing
showing the tract and the bUilding parcel therein
(when applicable) and in the case of a residential
3rea, the number of dwelling units of e~ch res-
idential type assigned to the property.
The drawing shall also s~ow the location and size
of access to th~se fr~ct;onal parts that do not
abut a public street.
B. In the event any residential tract of building
parcel is sold by any subsequent owner, as iden-
tified in Secti~n 2.5.a, in fractional parts to
other parties for development, the subsequent
owner shall provide to the Director, for approval,
prior to the sale or development of a fractional
part, a boundary drawinq showing his originally
~urchased tract of building parcel and the frac-
tional parts therein and the number of dwelling
units assigned to each of the fractionai parts.
The drawing shall also show the location and size
of access to those fractional parts that do not
abut a public street.
C. The developer of any tract or building Darcel must
submit prior to or in conjunction with the appli-
cation for a bUilding permit, a ~etailed site
development plan for his tract or parcel in
accordance with Section 2.7
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D. In evaluating the fractionalization plans the
Director's decision for approval or denial shall
be based on com~liance with the Conceptual Plan as
approved according to Section 2.6, the criteria
and the development intent as set forth in this
document, conformance with allowable numbers of
residential units and the reasonable accessibility
of the fractional parts to public or private
roadways, common areas, or other means of ingress
and egress.
E. If approval Dr denial of the fractionalization
plans is not issued within ten (10) worklnq days,
the submission shall be considered automatically
approved.
F. Conceptual Plan approval according to Section 2.6
shall occur prior to fractionalization of any
parcel within the development. Conceptual Plan
approval is not required if a Final Site Develop-
ment Plan is a~proved according to Section 2.7 for
an entire Tract as identified on the PUD Master
~
G. For Lely Beach South Tract, designated development
corridors may not be fractionalized.
2.6 CONCEPTUAL PLAN APPROVAL
When Conceptual Plan aoproval is desired or required by
this documents, the follo~ing proctdure shall be
followed:
A. A written request for Conceptual Plan approval
shall be submitted to the director for approval.
The request shall include materials necessary to
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demonstrate that the approval of the Conceptual
Plan will in harmony with the gene~al intent and
purpose of this document. Such material may
include. but is ~ot limited to the following,
where applicable:
1. Site plans ~t an appropriate scale showing
proposed pl~cement or structures on the
property; p~ovfsions for ~ngress and egress~
off-street parking and off-street loading
areas; yards and other open spaces; impervious
surface coverage percentage along with
calculations used to determine percentage.
2. Plans showing proposed locations for util-
ities hook-.!!!.
3. Plans for screening and buffering.
4. Plans for proposed signs and lighting.
5. Delineated preserve areas and sensitive
vegetation areas including identified
endangered species and their habitat.
6. Tree removal plan and landscaping plan.
B. A fee consistent with the current fee.schedule for
County Site Development Plan approval s~all
accompany the application,
2.57 PRQdE6;.PbAH-APPRQVAb-REijYtREHEH;S
FINAL SITE DEVELOPMENT PLAN APPROVAL
Exhibit "An constitutes both the PUD Master Plan of
development and the Barefoot Beach Subdivision Master
Plan. P~iep-te.~eve;8~~eAt-e~-;~a~t5-9-t~pe~!~_g_w~te~
aFe-5AeWA-eA-tRe-~aste~-P;aAT-~eta4;e~-5ite_deve+e~~eHt
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sew,ht~ Final Site Development Plan approval shall be
outained by each developer prior to the issuance of any
construction permits. The Final Site Development Plan
process as outlined in the Zoning Ordinance in effect
at the time permits are requested shall be followed.
Final site plan approval for Tracts Lely Beach North,
Lely Beach South, and Active Community Recreation Area
shall be in accordance with special construction,
habitat protection, dune preservation, and wetland
preservation regulations stated in Section XX.
Sufficient document3tion shall be submitted with the
final site plan for review and approval by the
!p'propriate County Department (for example, locat~on of
preserve areas and sensitive vegetation areas including
endangered species, tree removal plan, landscaping
plan, etc.)
Prior to the recording of additional subdivision plats
within the Barefoot Beach Project, final plans for the
required subdivision impr~vements shall receive the
approval of all appropriate Collier County governmental
agencies to insure compliance with the approved PUD
Master Plan, the County Subdivision Regulations, and
the platting laws of the State of Florida.
The PUD Master Plan indicates that the meandering
north/south access road extends from Bonita Beach Road
to the south boundary of the project. Vehicular access
to the state owned la~ds south of the Barefoot Beach
project is to occur via this north/south access road.
No modification may be made to this road as planned
which would interfere with access to the state owned
land to the south.
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SECTION I I I
PLATTED LELY BAREFOOT BEACH UNIT '1
BLOCKS A through K
LOW DENSITY SINGLE FAMILY RESIDENTIAL
3.1 PURPOSE
The purpose of this Section is to set forth development
regulations applicable to Platted Lely Barefoot Beach
Unit 11. Blocks ,A through K.
3.2 MAXIMUM DWELLING UNITS
A maximum of 91 Single family homesltes may be con-
structed within platted Lely Barefoot Beach Unit II.
Blocks A through K.
3.3 USES PERMITTED
No building or structure, or part thereof. shall be
erected. altered, or used, or land used, In whole or
part, for other than the following:
A. Principal Uses:
Single Family Residences: Individual homesites may
consist of single platted lots, multiple lots
and/or fractions of adjoining lots.
B. Accessory Uses:
(1) Customary accessory uses and structures.
including private garages.,
(2) Signs as permitted in section 8.31 of Ordi-
nance 82.-2.
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(3) Model homes shall be permitted in conjunction
with development and sale of the project.
Sur.h model homes shall be convert~d to
private residences within two years of
construction completion, unless other wise
specifically approved by the County.
3.4 REGULATION
GENERAL: All Ydrds, setbacks. etc. shall be in
relation to homesite boundaries, whether such
homesite r.onsists of a single platted lot,
adjoining lots. and/or fractions of adjoining
lots.
MINIMUM HOMESI!E AREA: When a single platted lot
is utillz~d as a homesite, the minimum lot
are~ shall be the area of that lot, as
platted. When a homesite is comprised of
multiple lots and/or fractions of adjoining
lots, the minimum homesite area shall equal
or exceed the area of the largest platted lot
which com~riser. a portion of the homesite.
MINIMUM LOT WI~TH: When a homesite is comprised
of a single platted lot. the minimum lot
width shall be as shown on the plat. When a
homesite is comprised of adjOining lots
andlor fractions of adjoining lots, the
minimum lot width Shall equal or exceed the
width of the largest platted lot which is a
portion of the homesite.
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MINIMUM YARDS:
A. Yards which abut Lely Beach Boulevard: 25
ffet. Required yards abutting Lely Beach
Boulevard are also easements within whfch
utilitfes, walkways, etc. may be fnstalled.
B. Yards whfch abut an access drive r!ght-of-way
which extends westerly from Lely Bp.ach
Boulevard: 10 feet.
C. Yards which abut an adjoining homesfte: 71
feet
D. Yards which abut a Beach Garden: none
E: Gulf front yards: No structure may extend
gUlfward of the line approved by the Trustees
of the Internal Improvement Fund as a vari-
ance to the State Coastal Setback Line,
approved hy the Florida Department of Natural
Resources (Go~ernor and State Cabinet) on
12-17-74.
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES:
A, One story- 1,200 square feet of livfng area
exclusive of garages or unenclosed patios,
decks or porches.
B. Two story- 2,000 square feet of living area
exclusive of garages or unenclosed patIos,
decks or porches.
MD<< 022 "~r.: 300
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3.4.7
3.4,8
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OFFSTREET PARKING REQurREMENTS:
Two parking spaces per single family residence.
MAXIMUM HEIGHT:
Two stories above the minimum base fiood elevation
required by the floor elevations ordinance. When
the first habitable floor is raised a sufficient
height above ground level to permit the under-
building area to be used for automobile parking
and other utilitarian purposes, that underbuilding
area shall not be deemed to be a sto~y.
STP.UCTURAL REQUIREMENTS FOR RESIDENCES:
Special structural requirements designed to
prDtect beachfront residences from storm tide and
wave damage are incorporated in the State of
Florida approved protective covenants for the Lely
Barefoot Beach project as contained In Coastal
Setback Line Yariance 174-75-V40. These con-
struction standards shall be applicahle to ftll
resider.ces developed In Block A through K of
Platted Lely Barefoot Beach Unit II.
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SECTION IV
PLATTED LELY BAREFOOT BEACH UNIT 11
TRACT A: GATEHOUSE COMPLEX SITE
4.1 PURPOSE
The pur~ose of this Section is to establish development
regulations for platted Lely Barefoot Beach Unit II,
Tract A.
4.2 USES PERMITTED
No building or structure, or part thereof, shall be
erected, altered, or used, or land used, in whole or
part, for other than the following:
A. Principal Uses:
An entry gate facility wherein security against
road entry by unauthorized persons o~ vehicles
will be provided. Public access through or around
the entry gate, along the principal ncce~s road,
and to publicly owned and operated facilities
shall te ~ermitted as directed by the public
agencies which operate the public facilities. The
gatehouse facility may contain dwelling units for
resident employees of the project, which employee
dwelling units shall be included in the maximum
690 dwelling unit permitted within the total
project. Additionally, the gatehousp. complex may
incorporate administrative, maintenance, and
uti litarian activities and storage f~cilities for
the Barefoot Beach project as a whole, During the
period when the project is being marketed, devel-
opment administration and sales offices may be
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loceted in the gatehouse complex. Prior to
construction of the gatehouse complex or subse-
quent modifications thereto~ final plans shall be
approved by the Community Development
Administrator.
B. Accessory Uses:
(1) Customary vses and structures
(2) Signs as permitted by Section 8.31 of Ordi-
nance 82.2.
4.3 MINIMUM SETBACKS
A, lely Beach Boulevard: no'e. Portions of the
security gatehouse facility may extend into and
over Lely Beach Boulevard right-of-way,
B. AngUilla Lane: 25 feet.
C. North property line: 25 feet.
4.4 OFFSTREET PARKING
Six spaces. plus two spaces for each empll)yte dwelling
un; t.
4.5 MAXIMUM HEIGHT
Two stories above the minimum base flood elevation
required by the Flood Elevation Ordinance.
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SECTION V
PLATTED lElY BAREFOOT BEACH UNIT II. TRACT B:
COMMUNITY RECREATION CENTER II SITE
5.1 PURPOSE
The purpose of this Section is to establish develop-
mental regulations for platted lely Barefoot Beach Unit
II, Tract B: Community Recreation Center II Site.
5.2 USES PERMITTED
No building or structure, or part thereOf. shall be
erected, altered, or used. or land used. in whole or
part, for other than the following:
A. Principal Uses:
Recreation structures and facilities. including
boat docks and related facilities which extend
into the water which adjoins Tract B.
B. Accessory Uses:
(1) Customary uses and structures.
(2) Signs as permitted in Section 6.31 of Ordi-
nance 82,2.
5.3 MINIMUM SETBACKS
A. Lelr Beach Boulevard: 50 feet
B. Wat~rfront yard: none
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C. East and south property line: 2S feet
5.4 OFFSTREET PARKING REQUIREMENTS
As required by Collier County Zoning Regulations in
effect at the time that permits are sought.
5.5. MAXIMUM HEIGnT
Two stories above the minimum base flood elevation
required by the Flood Elevation Ordinance.
5.6 DEVELOPER REQUIRED IMPROVEMENTS WITHIN TR~CT "B"
The developer shall make improvements to Tract "8":
Community Recreation Center II site, in accord with
Exhibit "B", which is hereby made a part of this PUD
document. Community Recreation Center II site and all
structures, recreation facilities, and other improve-
ments thereon shall be owned in common by all owners of
residential homesites in Lely Barefoot Beach. Prior to
issuance of building permits for development of the
recreation center corrplex, the development plan shall
be reviewed and approved by the Community De~elopment
Administrator, who shall also ensure adequacy of
offstreet parking spaces. The Barefoot BeBch develop-
ment sponsor shall complete all improvements indicated
by Exhibit "8" prior to issuance of the 50th resid~n-
tial building permit. In the event that t~e development
sponsor has not completed development of the improve-
ments indicated on Exhibit "Bn after issuance of 49
residential building permits, no further tuilding
permits shall be issued until the Exhibits "a" improve-
ments have either been completed, or surety acceptable
to the County in the amount of 110% of the cost to
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complete the Exhibit "8" improvements has been posted
with the COU"ty to guarantee completion.
No approval is given at this time for any boat ramps,
boat docks, hoists, shoreline modifications or any
other water oriented facilities. All such matters
shall be handled separately by all governmental agencies
with jurisdiction over waterfront development, at some
future date.
Any recreation center development other than that
described on Exhibit "8" shall be the responsibility of
the property owner's association which o~ns and has the
beneficial use of the center.
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SECTION VI
PLATTED LElY BAREFOOT BEACH UNIT '1
TRACT C: LANDSCAPED ENTRANCE DRIVE STRIP
6.1 PURPOSE
The purpose of this Section's to establish development
regulations for Platted Lely Barefoot Beach Unit II,
Tract C: Landscaped Entrance Drive Strip.
6.2 USES PERMITTED
No building or structure, or part thereof, shall be
erected, altered or used, or land used, in whole or
part, for other than the following:
A, PrIncipal Uses:
(1) Ornamental project entry features:
(2) portions of, or facilities related to the
gatehouse complexi
(3) docks, which may extend from Tract C into the
adjoining water, subject to the a~ailability
of dock construction permits.
B. Accessory Uses:
(1) Customary uses and structures.
(2) Signs as permitted in Section 8.31 of Ordi-
nance 82.-2.
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SECTION VII
PLATTED lElY BAREFOOT BEACH UNIT II
BEACH GARDENS A through K
7.1 PURPOSE
The purpose of this Section Is to establish development
regulations for Platted Lely Barefoot Beach .Unit 11.
Beach Gardens A through K.
7.2 USES PERMITTED
No building or structure, or part thereof, shall be
erected altered of used, or land used. in whole or
part, for other than the following:
A. Principal Uses:
Each beach garden area shall be owned and used In
common by the owners of the abutting single family
homesites. Permitted improvements include land-
scaping, swimmf~9 pools. shaded silting areas,
picnic facilities and the like. All structures
lying seaward of the State Coastal Control Line
require issuance of a variance by the State
Department of Natural Resources.
7.3 MINIMUM SETBACKS
No specific setback standards are set for the struc-
tures and facilities which are ancillary to permitted
recreational and ornamental usage of the beach front
commons sites, but all structures to be erect~d within
the beach front commons shall be located so as to pose
the least possible view obstruction or privacy invasion
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to residential sites adjoining the commons. Prior to
improvement of a beachfront commons, the improvement
plans including topographic modifications, structural
facilities location, landscaping, etc. shall be ap-
proved by the Community Development Administrator who
shall insure that the plans comply with the terms of
the PUD ordinance and applicable other governmental
regulations.
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SECTION VI I I
PLATTED LELY BAREFOOT BEACH TRACT BF:
BEACHFROKT COMMON OPEN SPACE
8.1 PURPOSE
The purpose of this Section is to establish development
regulations for Platted Lely Barefoot Beach Unit II.
Trac', BF.
8.2 USES PERMITTED
No building or structure. or part ther~of. shall be
erected, altered, or used. or land used. in whole or
part. for other than the following:
A. Principal Uses:
NO structures are permitted. This beachfront
strip of land shall be devoted to customary
beachfront recreational usage.
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~ECTION IX
TRACT D: LOW DENSITY SINGLE FAMILY RESIDENTIAL DEVELOPMENT
9.1 PURPOSE
The purpose of this Section is to establi$h development
regu1ations for the ~rel indicated on Exhibit HAw as
Tract 0: Low Density' Single Family Residential.
9.2 MAXI~UM DWELLING UNITS
A maximum of four single family dwelling units may be
constructed in this tract.
9.3 USES PERMITTED
No building or struc:ure, or part thereof, shal1 be
erected, altered, or used, or land used, in ~hole or
part, for other than the fo1lowi~g:
A. Principal Uses:
Single family r~sidences.
B. Accessory Uses:
(1) Customary accessory uses and structures .
including ~rivate garages.
(2) Signs as p~rmitted in Section 8.31 of Ordi-
nance 82-2,
(3) Model homes shall be permitted in conjunction
with develQpment and sale of the prOject.
Model home:. shall be converted to private
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residences within two years of construction
completion, unless otherwise specifically
approved by the County.
9.4 REGULATIONS
9.4.1 GENERAL: Al' yards. setbacks, etc. shall be in
relation to ho~esite boundaries.
9.4.2
9.4.3
9.4.4
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MINIMUM lOT AREA: 6,000 square feet
MINIMUM lOT WIDTH: 60 feet
MINIMUM YARDS:
A. Yards which abut Lely Beach Boulevard: 25
feet, which minimum yard is also an easement
in which utilities. walkways, etc. may be
installed.
B. Yards which abut an access drive right-ot-way
which extends westerly from Lely Beach
Boulevard: 10 feet
c. Yards which abut an adjoining homesite:
71 feet
D. Yards which .abut beachfront common open
spaces: none.
E. Gulf front yardS: no structure may extend
gu1fward of the line approved by the Trustees
of the Internal Improvement Fund as a vari-
ance to the State Coastal Setback Line,
approved by the Florida Department of Natural
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9.4.5
9,4.6
9.4.7
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Resourc~s (Governor and State Cabinet) on
12/17/74.
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES
A. One story- 1,200 square feet of living area,
exclusive of garages or unenclosed patios,
decks or porches.
B. Two story- 2,000 square feet of living area
exclusive of garages or unenclosed patios,
decks or porches.
OFF STREET PARKING REQUIREMENTS
Two parking spaces per single family residence.
MAXIMUM HEIGHT
Two stories above the minimum base flood elevation
.required by the flood elevation ordinance. When
the first habitable floor is raised a sufficient
height above ground level to permit the under-
building area to be used for automobile parking
and other utilitarian purposed, that underbuilding
area shall not be deemed to be a story.
STRUCTURAL REQUIREMENTS FOR RESIDENCES
Special structurtl requirements designed to
protect beachfront residence from storm tide and
wave damage are incorporated in the State of
Florida approved protective c~ven~nts for the Lely
Barefoot Beach project as contained in Coastal
Setback Line Variance #74-75-V 40. These
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conitruct1on standards shall be applicable to .11
residences developed in Tract D.
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SECTION X
TRACTS E,-F,-G, H, AND I
SINGLE OR MULTI-FAMILY RESIDEHTIAL DEVELOPMENT
10.1 PURPOSE
The purpose of this Section Is to establish development
regulations for the areas designated on Exhibit "A" as
Tracts E,-F,-G, H, and I: Low to Mid-rise Single or
Multip'~ Family Residential.
10.2 SITE PLAH APPROVAL REQUIREMENTS
See Section 2.5, ~.6, 2.7
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10.3 USES PERMITTED
Ho building or structure, or part thereof, shall be
erected, ~ltered, or used, or land used, in whole ~r
part for other than the f0110,ing:
^. Principal Uses:
(1) Detached single family residences.
(2) Attached single family residences such as
villas. zero lotl.ne homes, cluster homes,
townhouses, etc.
(3) Two family residences
(4) Multiple family residences
(5) Common recreational areas
B. Accessory Uses:
(1) Customary uses and structures
(2) Signs as permitted as per zoning ordinance in
effect at the time permits are required or
requested
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(3) Model dwelling units shall be permitted in
conjunction with the promotion of the proj-
ect. Such model dwelling units shall be
converted to privately owned dwelling units
at the end of a two year period unless
otherwise specifically approved by the
County.
(4) Docks, either individual or common
10.4 MAXIMUM PERMITTED DWELLING UNITS
l~aet-Et------------89-YR4ts
+~aet-Ft-----------a98-YRtt5
+paet-S+----------- g9-YAttS
Tract H: 77 units
Tract I: 30 units
The maximum number of dwelling units permitted on
individual tracts E,-FT-b'-HT-aA~-J-May-8e-.Repea5e~-e~
4eE~ea5e4-8y-i9IT-'~eyt4e4-t~at-the-I'e55-"ejeet
4we+++RI-wA4~-MaM+MwM-ef-&gg-4we+++RI-wR4ts-45-R8t
eMe~e4e4 H and I may be increased. provided that the
gross project dwelling unit maximum of 690 units is not
exceeded.
10.5 REGULATIONS
10.5.1
GENERAL: All yards, setbacks, etc. shall be in
relation to the individual tract or parcel
boundaries.
10.5. Z
MINIMUM LOT AREA:
6,000 square fent for detached single family
dwellings
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4,000 square feet per dwelling unit to two family
structures
3,000 square feet per dwelling unit for three or
more dwelling unit structures
MINIMUM LOT WIDTH:
60 feet for single family dwellings;
100 feet for two or more family dwellings;
MIHIMUM LOT YARDS:
A. Yards which abut Lely Beach Boulevard:
25 feet. Required: ards abutting Lely Beach
Boulevard are also easements within which
utilities, walkways, etc. may be installed.
B. Yards which abut a public or private.street
right-of-way other than Lely Beach Boulevard:
10 feet or 1/2 the building height, whichever
is greater.
C. Yards which abut an adjoining ho~esite: 7;
feet or 1/2 the building height, whichever is
greater.
D. Yards between adjoining buildings on the same
site: 15 feAt or 1/2 the sum of the building
heights, whichever is greater, except that in
the caSe of clustered developmen, wherein the
site plan has been approved by the appropri-
ate Collier County agency, separation between
buildings may be less.
E. Yards which abut beachfront common op~n
space: none.
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GF. Waterfront yards other then gulf front: 30
feet or 1/2 the building height. whichever is
greater.
w~. Rear yards other than waterfront: 25 feet or
1/2 the building height. whichever is greater.
MINIMUM DWELLING UNIT FLOOR AREA:
Eech res;dential unit shall have a minimum floor
are! of 1.200 square feet.
MAXIMUM BUILDING HEIGHT:
A. Tract E,-G,-IAd H: four habitable floors.
with the option of having one floor of
parking and associated non-habitable
utilitarian space beneath the first habitable
floor.
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G!. Tract I: two habitable floors. with the
option of having one floor of parking and
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10.5.7
10.5.8
2/22/2011 Item 17.A.
OFFSTREET PARKING REQUIREMENTS:
'b 3- '3 ~
associated non-habitable utilitarian spa~e
beneath the first habitable floor..
As required by Collier County regulations in
affect at the time permits are sought.
STRUCTURAL REQU:REMENTS FOR BEACH FRO~T BUILDINGS:
Special structural requirements designed to
protect beachfront buildings from storm tide or
wave damage are incorporated in the State of
Florida approved protective covenants for the Lely
Barefoot Beach project a~ contained in Coastal
Setback Line Variance 174-75-V 40. ;hese-eeA-
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aJj22/2011IteIJl17.A.
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SECTION Xl
TRACT LELY BEACH NORTH: SINGLE OR MULTI-FAMILY
RESIDENTIAL DEVELOPMENT
11.1 PURPOSE
Ih!-p,urpose of this section is to establish
development re~u'atfons for the areas designated
on Exhibit A end Exhibft C, Tract lely Beach
North: low and mid-rfse single and multi-family
residential.
~ SITE PLAN APPROVAL REQUIREMENTS
Site plan approval shall be in accordance with
Sections 2.5, 2.6, 2.7, and reQuire field fnspection
~County Environmental staff to assure compliance
with Section 20. The Lely Beach North Site Plan
Exhibit C prepared by Coastal Engineering Consul-
tants shall be considered the conceptual site plan
for this Tract. The site plan depicts buflding
locations and ~ments, unit distributions and
number of floors to accommodate open corridors and
wide separation of unit clusters.
~ USES PERMITTED
10.3 USES PERMITTED
No building or structure, or part thereof. shall be
erected, altered. or used, or land used. in whole or
part for other than the follOWing:
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A. PrIncipal Uses:
(1) Detached sirigle family residences.
(2) Attached single family residences such as
villas. zero lotli"e homes, cluster homes.
townhollses. etc.
(3) Two family residences
(4) Multiple family residences
(5) Common recreational areas
B. Accessory Uses:
(1) Customary uses and structures
(2) Signs as permitted as per zon~ng ordinance in
effect at the time permits are required or
requested
(3) Model dwelling units shall be permitted in
conjunction with the promotion of the proj-
ect. Such model dwelling units shall be
converted to privately owned dwelling units
at the end of a two year period unless
otherwise specifically approved by the
County.
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~ MAXIMUM PERMITTED DWELLING UNITS
11. 5
TRACT: LELY BEACH NORTH 391 UNITS
Of the total number of units at build-out. 20~
shall be located east of Lely Beach Boulevard. If
desired, units may be transferred to Tracts H or
1.:.
REGULATIONS
11.5.1
11. 5. 2
GEHERAL: All yards. setbacks, etc. shall be in
relation to the indiiidual tract or parcel
boundaries.
MINIMUM LOT YA~DS:
A. Yards whiCh abut tely Beach Boulevard:
25 feet. Required yards abutting Lely Beach
Boulevard are also easements within which
utilities, walkways, etc. may be installed.
B. Yards which abut an adjoining homesite: 71
feet or 1/2 the building height, whichever ;s
greater.
c. Yards bet~een adjoining buildings on the same
.
site: 15 feet or 1/2 the sum of the building
heights, whichever is greater, except that In
the case of clustered development wherein the
site plan has been approved by the appropri.
ate Collier County agency, separation between
bUildings may be less.
D. Yards which abut beachfront common open
space: none,
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11.5.4
11.5.5
11.5.6
11.5.7
11.5.8
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2/22/2011 Item 17.A.
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MINIMUM DWELLING UNIT FLOOR AREA
Each residential unit shall have a minimum floor
area of 1200 square feet.
MAXIMUM BUILDING HEIGHT
Tract Lely Beach' North: Six habitable floors with
the option of having one or two floors of parking
and associated non-habitable utilitarian space
peneath the first habitable floor.
OFF-STREET PARK1NG REQUIREMENTS
One and one-half paved parking spaces per unit and
one-half space unpaved or left in native vege-
tation set aside in reserve.
MAXIMUM DEVELOPMENT COVERAGE
The maximum development coverage (i.e. buildings,
parking lots, r~adways and driveways) as measured
by impervious surface area shall not exceed 40~ of
the available upland area. The available upland
area is measured from the State CCCL and the ~est
to the wetland jurisdiction line to the east,
excluding the required 60' right-of-way for Lely
Beach Boulevard.
TYPES OF UNITS
The type of residential unit (multi-family
mid-rise to six habitable floors, attached or
detached villas, townhouses, etc.) shall be left
to the developer provided that maximum coverage is
not exceeded, and that the environmental pro-
tection standards are met.
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11,6 SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
.1!.22/2011 Item 17.A.
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All activities in this tract shall be in accor-
dance with construction, native habitat pro-
tection, dune preservation and wetland preser-
vations regulations listed in Section xx.
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2/22/2011 Item 17.A.
SECTION XII
;RAG;S-K-&-b+-'9MMYN*;~-Rt'RtA;*9N-ARtA;
TRACT: ACTIVE COMMUNITY RECREATION AREA
12.1 PURPOSE
The purpose of this Section is to establish .j'~velopment
regulations for the area designated on Exhibit "A" as
;pae~s-K-&-kt--S8~~YA~'y-ReeFea'4eA-AFeasT T~~ct:
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Active Community Recreation Area.
12.2 USES PERMITTED
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No building or structure, or part thereof, s~all be
erected, altered, or used, or land used, in whole or
part, for other than the following:
A. ~rincipal Uses:
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peepeatteAa~-aet4Y4&4est-eHtaeep-Feepea~~eA
~ae4+4t4est-~apk4Ag-aAa-~t4~4tap4aA-fae~t4t4~s
eYsteMap4Jy-assee4atea-w4tR-ee~~YR4tY-F~epeat4eA
apeasT--Pp4ep-te-eeYe~e~MeAt-e~-peepeat~6A-a~eas_K
aRdfep-b,-aeYe~e~~eAt-~~aAs-sha~+-~e-SY~Mttted_te
aAe-a~,peYee-~y-the-a"Fe,p4ate-Ge+t4ep-Ge~Rty
ageAe4es,--wR4eR-sRa++-4RSYFe-that-the-fPe~9sea
YSeS-aAe-tRe4p-,hys4ea+-appaRge~eRt-4s-ep,pe~p4_
a&e,-aAe-tRat-appJ4ea8+e-Se~Rty-peSH+at4eAs_ape
eeffi~tted-w;thT--;he-stte-~+aR-a~~peYa+-tPeeess
sha++-ee-that-wR4eh-4s-set-f9Pth-tR-the-ZeAtRg
gpe4RaAee-at-the-tt~e-stte-,~aA-a~~P9Ya+_4s
sey,hh
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2/22/2011 Item 17.A.
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Community recreation usage, including buildings
which will accommodate community, social, and
recrp.ational activities; outdoor recreation
facilities; parking and utilftarian facilitfes
customarily associated with community recreation
areas. Prior to development of recreati~n areas,
development plans shall be submitted to and
approved by the appropriated Collier County
agencies, which shall insure that the proposed
uses and their physical arrangement is appropri-
ate, and that applicable County regulations are
complied with. The site plan approval process
shall be that which 15 set forth in the Zoning
Ordinance at the time sit~ plan approval is
sought, in accordance with Sections 2.5, 2.6, 2.7
and 20.
B. Additional Permitted Uses - Tract: Active
Community Recreation Area may be used for the
active recreational facilities (e.g. tennis
courts, swimming pools, etc.) for residents
living at Lely Beach North and Lely Beach
South. No residential structures may be
built in this tract. Provided maximum imper-
vious surface and other land use requirements
are met, this tract may also be used to meet
the offstrect parking requirements for
adjacent residential units located in Lely
Beach North or Lely Beach South tracts.
C. Docks, boardwalks, observation piers or
similar over water structures - No approval
is given at this time for any boat ramps,
boat docks, hofsts. shoreline modifications
or any other water oriented facilities. All
-41-
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SPECIAL CHARACTERISTICS OF REVISED TRACTS
2/22/2011Itery117.A.
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such matters shill be handled separately by
all government,l 'gencfes wfth jurfsdfctfon
over waterfront development. at some future
date.
Tract: Active Community Recreation Area. is
lo~ated at the site of former Little Hickory
Pass. The existence of the former Pass. the
well-developed back-barrier channels converging at
this point, and the site's low elevation result in
a high potential for island breachment durir.g a
major coastal storm.
12.4 MAXIMUM BUILDING HEIGHT
Two habitable floors.
~ MAXIMUM DEVELOPMENT COVERAGE
12.4.Q.
..
The maximum development coverage (e.g. buildings,
parking lots, roadways, driveways, etc.) as
measured by impervious surface area, shall not
exceed forty percent of the available upland area.
The available upland area Is measured from the
State CeeL in the west to the wetland jurisdiction
line in the east, excluding the required 60 foot
right-of-way for Lely Beach Boulevard.
MINIMUM YARDS
A.
Yards which abut Lely Beach Boulevard: 25 feet,
which minimum yard is also an easement in which
utilities. walkways, etc. may be installed.
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B.
Gulf front yards: no structure may extend gulfward
of the +~fte-I~~peYe~-hy-t~e-;pYsteet-.f-~~e
tRteFRa+-t.~peYe.eftt-FYR~-aS-I-Yap~lftee-te-the
State-beasta~-'et~aek-b4AeT-a~~peYe~-h1-t~e .
F+ep48a-ge~aPt.eAt-ef-Natypa~-Res'MPees-fGevePRep
aA8-'tate-'ah4Aet~-eA-!2-!~-t4y Stlte COlstll
Construction Control line.
12. 'L
OFFSTREET PARKING REQUIREMENTS
As required by the Collier County Zoning Ordinance at
the time permits are applied for.
l2. 'A
POLLING PLACES TO BE PROV'DED
Upon request by the Collier County Supervisor of
Elections, community recreation facilities shall be
made aVAilable IS polling places.
.12.9 SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
All activities in this tract shall be in accor-
dance with construction, native habitlt pro-
tection, dune preservation, and wetland preserva-
tion regulations listed in Section XX.
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· SECTION 'X'll I
TRACT: LELY BEACH SOUTH
13.1 PURPOSE
The purpose of this Section is to establish
development regulations for the areas designated
on Exhibit "A" as Tracts Lely Beach South: 'low to
mid-rise, single or multi-family residential.
~ SITE PLAN FOR REVISED TRACT
The Lely Beach South site plan (Exhibit 0) pre-
pared by Coastal Engineering Consultants shall be
considered the conceptual site plan for this
tract. The site plan depicts development corri-
dors (fixed), preservation areas (fixed), Lely
Beach Boulevard (fixed), and development foot-
,prints (flexible with respect to building location
and alignment within jevelopment cor~idor. unit
type and distribution, and number of floors,
'provided that the specific tract and corridor
development conditions are met).
SUB AREAS WrTHIN LELY BEACH SOUTH
Lely Beach South has been divided into eight
sub-areas; four development corridors labeled DC-}
through OC-4 on the Lely Beach South site plan and
four preservations areas as labeled. These
sub-area~ restrict development to specific
~orridors based on island characteristics and
prohibit development elsewhere. Their purpose 1s
to maximize retention/restoration of native
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coastal barrier habitats and to ~rovide for storm
surge/breachmenl channels.
.ll.:.1
SITE PLAN APPROVAL REQUIREMENTS
A.
Site plan ap~roval shall be in accordance with
Section 2.6, 2.; and Section XX
B.
An entire development corridor is to be developed
as a unified project and may not be
fractionalized.
ll:.i
USES PERMITTED
No building or structure, or part thereof, shall
be erected, alt~red, or used, or land used, in
whole or part, for other than following:
A. Principal Uses:
1. Detached Single family residences.
2. Attached Single family residences such
as villas, zero lotline homes, cluster
homes, townhouses, etc.
3. Two family residences.
4. Multiple family residences.
5. Commo~ recreational areas.
B. Accessory Uses:
1. Customary uses and structures.
2. Signs as permitted as per zoning
ordinance in effect at the time permits
are required or requested
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3. Hodel dwelling units shall be permitted
in conjunction with the promotion of the
project. Such model dwelling units
shall be converted to privately owned
dwelling units at the end of a two-year
period unless otherwise specifically
approved by the County.
13.5 MAXIMUM PERMITTED DWELLING UNITS
OC-l 60
OC-Z 15
OC-3 12
uC-4 10
TOTAL 97
The maximum number of dwelling units permitted on
individual corridors may not be increased.
Dwelling units may be transferred to Tracts H
and t.
13.6
REGULA TI ONS
13.6.1
GENERAL: All yards, setbacks, etc. shall be in
relation to the individual tract or parcel bound-
ari es.
13.6.2
MINIMUM YARDS
A. Yards which abut Lely Beach Boulevard: 25
feet riqht-of-way. Required yards abutting
Lely Beach Boulevard are also easements
within which utilities, walkways. etc. may be
installed.
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B. Yards which abut beachfront common open
space: none.
c. Wat~rfront yards other t~an Gulf front: 30
feet or onr-half the building height, which-
ever is greater.
D. Rear yards other than waterfront: 20 feet or
one-half the building height, whichever is
grP.ater.
MINIMUM DWELLING UNIT FLOOR AREA
Each residential unit shail have a minimum floor
area of 1,200 square feet.
MAXIMUM BUILDING HEIGHT
A. DC-3 and DC-4 five habitable floors, with the
option of having one or two floors of parking
and assoriated non-habitable utilitarian
space beneath the first habitable floor.
B. DC-l and DC-2: Six habitable floors, with
the option of having one or two floors of
parking and associated non-habitable
utilitarian space beneath the first habitable
f1 oor.
OFFSTREET PARKING REQUIREMENTS
One and one-half paved, one-half unpaved, land-
scaped or left in native vegetation set aside in
reserve.
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13.9 MAXIMUM DEVELOPMENT COVERAGE
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The maximum development coverage (e.g. buildings,
parking lots, roadways. etc.) as measured by
impervious surface area. shall not exceed:
13.10
11.13
..
DC-l
DC-2
DC-3
DC-4
50l
50~
451
35%
P~rcent measurements shall be based on the avail-
able upland areas within the particular develop-
ment corridor from the state CCCL to the west and
the wetland jurisdiction iine to the east.
excluding the re~uired 60 foot right of way for
lely Beach Boulev~rd.
TYPES OF UNITS
The type of residential units (multifamily
mid-rise to six floors. attached or detached
~ingle family villas, townhouses, etc.) and their
individual development corridors shall be left UP
to the developer provided that the maximum unit
number and development coverage specified for each
corridor are not exceeded and all construction and
environmental protection standards are met.
SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
All development in this tract shall be in accor-
dance with construction. native habitat pro-
tection. dune preservation and wetl~nd preserva-
tion regulations listed in Section XX.
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SECTION XIV
PASSIVE COMMUNITY RECREATION AREA
14.1 PURPOSE
To provide speci~l development standards within
this area of den~e, undisturbed native hebitats.
Its low elevation and the fact that it is sur-
rounded by wetlands and bay waters, makes land
alteration highly undesirable.
14.2 LIMITED USES
Because of its ecologically valuable and environ-
mentally sensitive characteristics, this Tract
will be used as e passive community recreation
site (e.g. nature trails, boardwalks, etc.). No
residential units will be permitted in this Tract.
The location of ~ome limited, low impact recre-
ation facilities may be possible near the northern
end of this tract provided that they are placed in
the open or low plant cover corridors and that the
total impervious acreage does not exceed 10
percent of the available upland area (outside of
wetland juriSdiction lines). there shall be no
hardening of the Bay shoreline (e.g., seawalls,
riprap). Site pla~ approval per Sections 2.5, 2.6,
2.7, and 20 shall apply.
14.3 NATIVE HABITAT PROTECTION AND RESTORATIOH
A. The entire site shall be cleared of all
exotics and be maintained exotic free by the
developer or homeowner association.
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B. Recreational buildings. parking lots, water
management facilities other than discharge
points will be located in open or low plant
cover corridors. Hative species shall be
retained as natural landscaping. Where
native species must be removed to allow for
the construction of a building. parking area
or the like, they shall be transplanted to
open areas. .
c. Open spaces between any facilities shall be
landscaped with retained and transplanted
native vegetation and supplemented with
additional native species. The objective of
landscaping shall be to re-create natural
coastal barrier habit.ts that hav~ been lost
to exotic invasion and storm events.
O. All activities in this tract shall be in
accordance with any other appropriate
environmental protection standards listed in
Section XX.
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SECTION UXV
TRACT J: UTILITY SITE
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PURPOSE
The purpose of this Section is to establish development
regulations for the area designated on Exhibit -A- as
Tract J: Utility Site.
Ull.2
USES PERMITTED
Ho building or structure, or part thereof, shall be
erected, altered, or used, or land used, in whole or
part, for other than the following:
A. Principal Uses:
(1) Utilitarian facilities such as groundS
maintenance equipment storage; utility
pumping stations; water storage tant; vehicu-
lar parking; or similar project serving
facilities. Prior to utilization of Tract J,
the plan for its utilization shall be submit-
ted to and approved by the appropriate
Collier Count~ Agencies, which shall insure
that the plaoned uses are appropriate on the
site; that tne location of the planned
improvements is appropriate; and that if the
facilities t~ be installed warrant screening,
the necessarJ fencing and/or landscaping is
installed.
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SECTION UUm
TRACTS M,.M & 0: MANGROVE PRESERVES
PURPOSES
The purpose of this Section is to establish development
regulations for the area designated on Exhibit "Aft as
Tracts M, H & 0: Mangrove Preserves.
USES PERMITTED
No building or structure, or pert thereof. shall be
erected, altered, or used, or land used. in whole or
part, for other than the following:
A. Principal Uses:
Natural area preservation. No land modification
or structures are permitted.
16.3 DEEDING OF TRACT H, NAND 0
Mangrove wetland tracts M, N, and 0 along with their
associated open water bottom lands shall be deeded to
the State to ensure uniformity of resource management
and protection for the estuarine system of Little
Hickory Bay.
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EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS
i417.1 PURPOSE
The purpose of this Section is to set forth the County
Subdivision Regulations which are waived or modified in
connection with the platting of the Barefoot Beach
Subdivision.
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i417.2 EXCEPTIOnS
Article X. Section 16 - Sidewalks and Bicycle Paths:
A 5 ft. wide sidewalk/bicycle path shall be
constructed along the west side of the principal
north/south access road.
Article X. Section 19 - Street Name Markers and Traffic
Control Devices:
Street name signs shall be approved by the County
Engineer b~t need not meet the U.S.D.O.T.F.H.W.A.
Manual of Uniform Traffic Control Devices. Street
pavement painting. striping, and reflective edging
requirements shall be subject to County
Engineering approval. but need not meet standard
County requirements.
Article X. Section 24 - Utility Casings
The requirement that utility casing be installed
at intersections is waived. This waiver is
granted provided that the install~tion of subsur-
face construction such as water lines. sewer lines
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and public utiltties.is completed prior to com-
paction of the subgrade and roadway constructton.
Article Xl. Section 1 - Access
Points of vehicular access to lots shall be
locate~ a minimu~ of 30 feet from any intersecting
street ri~ht-of-way lines.
Article XI, Section 10 - Monuments:
Monuments which are placed within street pavement
areas need not be installed in a typical water
valve cover, as prescribed in the current County
Standards.
Article XI, Section 16 - Solid Waste Collection and
Handling Facilities:
The developer shall not be responsible for garbage
receptacles at individual residences or
multi-famill structures.
Article XI, Section 17 - General:
F. Street Right-of-Way Widths and Alignment
Request waf~er of minimum 60 foot width to
allow implementation of Section 20.2.5 upon
approval of the County Engineer.
H. Dead-End Streets: The requirement that dead
end streets not exceed one thousand
(1,000) feet 1n length 1s wa1ved.
I. Curb Radii: Edge-of-pavement radii at street
intersections shall be a m1nimum of 30 ft.
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SECTION XV!!l!l
UTILITIES CONDITIONS
U1B.1 PURPOSE
The purpose of this Section is to set forth utilities
conditions established by the Collier County Utilities
Division.
l&lB.2 WATER & SEWER
1&18.2.1 Centrll water distribution and sewage collection
and transmission systems ~ill be constructed
throughout the project development "by the
developer pursuant to al' current requirements of
Collier County and the State of Florida. Water
and sewer facilities constructed within platted
rights-of-way or within utility easements required
by the County shall be conveyed to the County for
ownership, operation, and maintenance purposes.
All water and sewer facilities constructed on
private property and not required by the County to
be located within utility easements shall be
owned, operated and maintained by the Developer,
his assigns or successors. Upon completion of
construction of the water and sewer facflities
within the projec~, the facilities will be tested
to insure they meet Collier County's minimum
requirements at which time they will be conveyed
or transferred to the County, when requirad by the
Utilities Division, pursuant to appropriate County
Ordinances and Regulations in effect at the tfme
conveyance or transfer is requested, prior to
being placed into service.
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ii18.2.2 All construction plans and technical
specifications and Froposed water distribution and
sewage collection and transmission facilities must
be reviewed and approved by the Utilities Division
prior to commencement of construction.
1&18.2.3 All 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 the County's established rates.
Should the County not be in a position to provide
water and/or sewer service to the project, the
water and/or sewer custom~rs shall be customers of
the interim utility established to serve the
project until the County's central water and/or
sewer facilities are available to serve the
project. For interim utility systems, a review of
the proposed rates and subsequent approval by the
Board of County Co..1ss1oners ~ust be co.p1eted
prIor to .(tfy'ttoft of t~t w,ter .ftd se..r (,cfl-
ities servicing the project. Rate review must be
'in full compliance with County Ordinances No.
76-71 and 83-18 as amended, revised or superseded.
~S18.2.4 It is anticipated that the County Utility 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
potable water to the project and/or receive the
project's wastewater at the time development
commences, the Developer, at his expense, will
install and operate interim water supply and
on-site treatment facilities and/or interim
on-site sewage treatment and disposal facilities
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idequate to melt .11 requirements of the appropri-
ate regulatory agencies.
iS18.Z.5 An agreement shall be entered into between the
County and the Owner. lega"y acceptable to the
County, prior to the approval of construction
documents for the proposed project, stating that:
a)
The proposed water supply and on-site treat-
ment facflities and/or on-sfte wastewater
treatment and dfsposal facilities, ,if
required, are to be constructed as oart of
the proposed project and must be regarded as
interim; they shall ;,e constructed to State
and Federal standards and are ~o be owned,
operated and maintained by the Owner, hfs
assfgns or successors until such time as the
County's Central Water Facilities and/or
Central Sewer Facilities are available to
service the project. Prior to placing the
water treatment, supply and distribution
and/or sew~ge collection, transmission and
treatment facilities into service the Devel-
oper shall submit, to the Collier County
(Utility Rate and Regulation Board) for their
review and approval, a schedule of the rates
to be charged for providing processed water
and/or sewage treatment to the project area
on an interim' basis until the County's
central water and/or sewer facilities are
available to serve the project.
b) Upon connection to the County's Central Water
Facilities, and/or Central Sewer Facilfties,
the Owner, his assigns or successors shall
abandon, dismantle and remove from the site
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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.
All work related with this activity shall be
performed at no cost to the County.
c)
Connection to the County's Centa' Water
and/or Sewer Facilities wil' be made by the
owners. their assigns or successors at no
cost the the County within 90 days after such
facilities become available. The cost of
connectfon shall include, but not limited to,
.11 engineering desfgn and preparation of
construction documents, permitting, modifica-
tion or refitting of ~ewage pumping facil-
ities, interr.onnection with County central
facilities, water and/or sewer lines neces-
sary to make the connection(s), etc.
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1518.2.6 At the time County centra' water and/or sewer
facilities are available for the project to
connect with. the following water and/or sewer
facilities shall be conveyed to the County pursu-
ant to appropriate County Ordinances and Regu-
lations In effect at the time:
1) All water and/or sewer facflities constructed
in publicly owned right-of-way or within
utility easements required by the County
within the project limits and those addition-
al facilities required to make connection
with the County's central water and/or sewer
facilities; or,
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2. Al' water and sewer facilities required to
connect the project to the County's ~entral
water and/or sewer facilities when the
on-site water and/or sewer facilities are
constructed on private property and not
required by the County to be located within
utility easements, including but not limited
to the following:
a) Main se~age lift station and f~rce main
interconnecting with the County central
facilities including all utility ease-
ments necessary;
b) Water distribution facilities from the
point of connection with the County's
central facilities to the master water
meter serving the proJect, including a"
utility easements necessary.
iS18.2.7 The customers served on an interim basis by the
utility system constructed by the Owners shall be
customers of the County at the time when County
central water and/or se~er facilities are avail-
able to serve the project and such connection is
made. Prior to connection of the project to the
County's central water and/or sewer facilities th~
Owner, his assigns; or successors shall turn over
to the County a complete list of t~e customers
served by the interim utilities system and shall
not compete with the County for the service of
those customers. The Owner shall also provide the
County with a detailed inventory of the facilities
served within the project and the entity which
will be responsible for the water and/or sewer
service llill1ng for. the project.
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4&18.2.8 All 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.
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4&18.2.9 The Owners, their assigns or successors agree to
pay all app1icable system development charges at
the time that Building Permits are required.
pursuant to appr~priate County Ordinances and
Regulations in effect at the time of Permit
request. This requirement shall be made known to
all prosp~ctive buyers of properties for which
building permits will be required prior to the
start of building construction.
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i518.2.10 The County, at its option. may lease for operation
and maintenance the water distribution and/or
sewage 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 con-
struction and prior to activation of the water
supply, treatment and distribution facilities
and/or the sewage collection, transmission and
treatment facilities. The Lease. if required.
shall remafn in effect until the County can
provide water and/or sewer service through its
central facilities or until such time that bulk
rate water and/or sewer service agreements are
negotiated with the interim utility system serving
the project.
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i&18.2.11 Data required under County Ordinance No. 80-112
showing the availebility of sewage service. must
be submitted and approved by the Utilities Divi-
sion prior to approval of the construction docu-
ments 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.
iS18.2.12 If an interim on-site water supply, treatment and
transmission facility is utilized to serve the
proposed project, it must be properly sized to
supply average and peak day domestic demand. in
addition to fire flow dem~nd at a rate approved by
the appropriate Fire Control Distri~t servicing
the project area.
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SECTION XVi!!!
PROJECT IMPROVEMENTS
U19.1 PURPOSE
--
The purpose of this Section is to set forth the phy~-
ical improvements whiGh shall be installed by the
developer or his successor in title.
i&19.2 IMPROVEMENTS
A. PEDESTRIAN BICYCLE PATH: A pedestrian/bicycle
path shall be d~veloped along the westerly edge of
the main north/south access road, at the time that
the road is developed. The pedestrian/bicycle
cart path may be located in part within the road
right-of-way and in part within the drainage and
utility easement which lies adjacent to the
~esterly edge of the road right-of-way.
B. 'PRESERVATION OF EXISTING NATIVE PLANT MATERIAL;
LANDSCAPE PLAN: LANDSCAPE IRRIGATION AND MAINTE-
NANCE PROGRAM: A basic project objective is to
retain the natural vegetative q~ality of this
typical southwett Florida coastal area, both
through careful preservation of existing good
native vegetation and through relocation and/or
importation of ~ative plant materials. When
construction siles contain cabbage palmetto,
seagrape, or otter native plant material whi~h has
a useful landscape purpose and the capability of
being transplanted. such materfal shall be trans-
planted to the project open spaces. No modifica-
tion shall be made to natural vegetation or to the
land surface gulfward of the westernmost
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residential development sites. When the bayfront
sites ar~ develcped. the existing shoreline and
associated native wetland vegetation is to be
retained in its existing state. No seawalls shall
be constructed or other modificati~n made to
existing shorelines. Prior to the issuance of any
alternation permits. the development sponsor shall
submit detailed plans. including all pertinent
data, to the Natural Resources Management Depart-
ment for r~view and approval. Se~ee'~Ye-e~ea'~ftg
ef-'~ees-aftd-.'h!~-fta'~ve-vege'at~eft-SAa~~-.e
e~e~e~sedT Pres!rvation areas, sensitive
vegetation areas, where development is excluded,
protected trees, native v~getation, and other
d~sirable areas .that are to be integrated into the
landscaping shall be clearly flagged or otherwise
marked and a protective fence of a type acceptable
to the Natural Resources Management Department
shall be erected along the limits of clearance
~ines or the limits of the protected areas. The
fence shall not be removed until such time as all
site work is completed.
c. ROADS AND DRIVES: All project roads and drives,
within approved rights-of-way, main north/south
road, minor residential streets in the backbay
portion ~f the plan, and the beachfront cluster
access drives, are to be commonly owned and
maintained by the property owners' association.
The construction specifications of project roads
and drives shall be as follows:
Main North/South Road: 26 ft. pavement width
within a 60 ft. right-of-way, aligned as shown on
the Master Plan. The PUD Master ?lan indicates
that the meandering north/south access road
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extends from Bonita Beach Road to the south
boundary of the project. Vehicular access to the
state owned lands south of the Barefoot Beach
project is to occur via this north/south access
road. "0 modification may be made to this road as
planned which would interfere with access to the
state owned land to the south. Right-of-wIY width
may vary per Section 20.2.5 upon approval of the
County Engineer. Right-of-way location may vary up
to 50 feet from either side shown on Master Plan
"A".
Beachfront Cluster Access Drives: 18 ft. pavement
width within a 50 ft. right-of-way, aligned as
shown on the Haster Plan or on approved Site
Development Plans.
Backbay Roads: 20 ft. pavement width within a 60
ft. right-of-way, aligned as shown on the Master
plan or on approved Site Development Plans.
Improvements in Bonita Beach Road Right-of-Way:
The developer shall provide a left turn storage
lane at the project entry road, per D~T deSign
requi rements, as part of the i ni tfa 1 project I'oad
improvements.
An extra travel lane shall be constructed by the
developer at the entry gate. permitting security
checks without blocking traffic flow.
If and when a traffic light at the entrance
intersection is deemed warranted by DOT, the
developer or his successor in title shall contrib-
ute his pro-rata share to the cost of the light.
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Recorded Private Access Easement Extending from
Bonita Beach Road Through Barefoot Beach lands:
The recorded easement extending southerlx from
Bonita Beach Road through Barefoot Beach lands
shall be vacated prior to approval of construction
plans or record plat for any Barefoot Beach lots
which are affected by said easement.
Main North/South Road Construction Timing: The
main north/south access road extending from Boni~
Beach Roed to the south line of the Bar~foot Beach
project shall be constructed by the developer.
with construction completion occurring no later
than June 4, 1989.
Driveways and parking lot access in Tracts Lely
Beach North and Lely Beach South are,to be con-
structed at the mini~um pOSSible width to enable
optimum preservation of native vegetation.
D. STREET LIGHTS: Street lights will be installed by
the project sponsor in the locations indicated on
the approved sucdivfsfon plan and/or approved Site
Development Plar.s, as applicable. The project
developer or the project property owners' asso-
ciation reserves the right to install street
lights at more frequent intervals. Street light
fixtures shall be ornamental, low intensity, and
free of glare which constitutes an nuisance to
nearby homesites.
E. STORMWATER MANAGEMENT: There shall be no project
storm water collectfon and distribution facflity
whiCh connects directly with tide water. Any
drainageway crossing the north/south access road
shall discharge into upland mangrove, through
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which it shall sheet flow toward tide water.
Detailed plan and specifications for all water
management features within the project shall be
submitted to and approved by the County Water
Manasement Board as well as by any other govern-
mental agency with Jurisdiction. prior to ffnal
plan approval. When development of back bay
waterfront homes~tes or recreation areas occurs.
no seawalls shall be constructed and no other
modifications shall occur to the land at the
waters eese or within ten feet of the mean high
tide line except for such boating related improve-
ments as may later be authorized by all govern-
mental agencies with jurisdiction. No portion of
the project area shall be modified by an indiyidu-
al lot owner so as to drain directly to tide
water.
F. SIGNS AND OFFSTREET PARKING AREA LANOSCAPI"G:
Collier County regulations dealing with signs and
. .
offstreet parking area landscaping shall be
.applicable to the Barefoot Beach project.
G. PUBLIC BEACH: Although not a part of thfs P~O
project. the Barefoot Beach project sponsor has
dedicated a tract of beachfront land to :ollier
County for public beach recreation use. The
dedicated tract lies adjacent and immediately
north of this PUO. The tract dimensions are 600
feet of gulf frontage by 180 feet in depth. The
north Collier County line is the north boundary of
the dedicated tract. In addition to the dedicated
beachfront tract, the Barefoot Beach project
sponsor has committed to dedicate a tract of land
sufficiently large to accommodate a minimum of 100
offstreet parking spaces to serye the pUblic
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.beach, and to construction the offstreet parking
facility. Commitment is hereby made that the
offstreet parking facility land dedication and
physical improvement in accord with County
approved plans will be completed no later than
June 4. 1986.
H. WATER STORAGE TANK: PRESSURE PUMPING FACILITIES:
If deemed necessary to meet County Utility DIvi-
sion requirements, but no later than at 751
completion of the projr.ct as determined by sale of
~, the Barefoot Beach development sponsor
shall install water storage tanks and booster
pumps in Tract "J.. or e'sewhere as directed by
the Oivision in order to maintain .adequate
pressure ih the transmission main.
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SECTION XX
SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
CONSTRUCTION STANDARDS
All construction other than those listed in 20.3
in Lely Beach North. Lely Beach South and Active
Community Recreation Area shall occur landward of
the State's established Coastal Construction
"'"
Centrol Line.
The special structural requirements designed to
protect beach front buildi~gs from storm tides or
wave damage, incorporated in the State of Florida
approved protective covenants for Lel, Barefoot
Beach, shall be applicable to all structures
constructed. Where these requirements differ from
other local, state and federal reQuirements in
force at the time of construction, those standards
which offer the highest level of protection to
residents shall apply.
There shall be no hardening of either the Gulf or
Bay shoreline (e.g. seawalls, groins. r1prap).
Any shoreline stab11izations shall take place
utilizing the planting of native vegetation and/or
the replacement of sand lost due to erosion.
Structures shall be clustered as conceptually
shown on Exhibits C and 0 in order to retain large
open space areas for native habitat re-
tention/restoration end to keep open corridors for
potential storm surge and island breachment.
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All available under-buildings areas (i.e.. areas
notre~uired for stairwells. pilings. etc.) shall
be utilized in meeting County parking require-
ments. At a minimum. 301 of required paved
parking spaces shall occur under the buildings.
Structures shall be oriented in ways other than
continuous shore parallel in order to reduce their
exposure to storm waves and winds.
....
The water management system shall be designed with
no direct runoff to the dune or wetland zone.
Storm waters shall be directed toward the center
of the development areas for percolation and
treatment in roadside swales and the like. If
deemed necessary. spreader swales may be con-
structed in open upland areas adjacent to wetlands
provided their construction does not result in the
loss of native ~abitats.
NATIVE HABITAT PROTECTION AND RESTORATION
STANDARDS
The entire development site (including
development. preservation. and open space areas)
shall be cleared of all exotics and be maintained
exotic' free by the developer or homeowner asso-
clation.
Buildings, parkIng lots, and other associated
development facilities shall be located in devel-
opment corridors characterized by exotic species
or open and devoid of established native plant
communities. Facilities are to be sighted outside
the designated preservation areas oriented to
avoid the clearing of sensitive
-69-
aODK 022 Pl'.~ 452
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20.1.7
20. L8
20.2
20.2.1
20.2.2
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. 2/22/2011 Item 17.A.
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All available under-bufldings areas (f.e. , areas
not required for stairwells, pilings, etc.) shall
be utilized fn meeting County parking require-
ments. At a minimum, 30% of required paved
parking spaces shall occur under the buildings.
Structures shall be oriented in ways other than
continuous shore parallel in order to reduce their
exposure to storm waves and winds.
The water management system shall be designed with
no direct runoff to the dune or wetland zone.
Storm waters shall be directed toward the center
of the development areas for percolation and
treatment in roadside swales and the like. If
deemed necessary, spreader swales may be con-
structed in open upland areas adjacent to wetlands
provided their construction does not result in the
loss of native ~abitats.
NATIVE HABITAT PROTECTION AND RESTORATION
STANDARDS
The entire development site (includfng
development. preservatfon. and open space areas)
shall be cleared of all exotics and be maintained
exotic' free by the developer or homeowner asso-
ciation.
Buildings, parking lots, and other associated
development facilities shall be located in devel-
opment corridors characterized by exotic species
or open and devoid of established native plant
communities. Facilities are to be sighted outside
the designated preservation areas oriented to
avoid the clearing of sensitive
-69-
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20.2.4
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vegetation and remaining native habitats. Within
the development tracts existing native species
shall be retained as natural landscaping. Where
native species must be removed to allow for the
construction of a building, parking area, or the
like, they shall be transplanted to opp.n areas
within the development tracts or to the preserve
or sensitive vegetation areas.
Extensive open space areas between residential
unit clusters and other development facilities
shall be landscaped with retained and transplanted
native vegetation and supplemented with additional
native species. The objective of landscaping
shall be to re.create natural coastal barrier
habitats that have been lost to exotic invasion
and storm events. To this end, major landscaping
areas shall be deSigned to replicate natural areas
with respect to species composition and dis-
~ribution (e.g. overstory trees and native ground
cover/shrubs).
Since the objective of site planning and
landscaping is to cluster structures in order to
leave large open space areas where native habitats
can be retained/restored, in no case shall sodded
areas exceed thirty percent of the tracts'
pervious acreage.
Right-of-way Clearing for Lely Beach Boulevard and
Location of Paved Roadway: to maximize retention of
native foliage, a forty foot right-of-way may be allowed
on Lely Deach Boulevard when recommended by the Count2
Natural Resources Management Department and approved ~
the County Engineer. In addition, where approved by the
County Engineering Department, fOllowing recommendation
by the Natural Resource Management Department, the paved
roadway shall be located within the right-of-way in
corridor that is aligned to maximize the retention of
the existing native vegetation.
70
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20.2.6
Where required yards and setbacks include natIve
vegetation, the vegetation shall be retained.
20.3
DEFINITION AND STANOARDS FOR DUNE PRESERVATION
ZONE
20.3.1
PURPOSE
A dune preservation zone has been designated on
the revised 'aster plan and inc~uded in the PUD
document in order to highlight the importance of
the Lely Barefoot Beach dune area in storm damage
prevention and to emphasize the need for its
restoration and strict protection.
20.3.2
BOUNDARIES
The 1une preservation zone shall run from the
south line of Tract D to the south end of Lely
Barefoot Beach. and encompasses the entire area
seaward of the State CCCt.
20.3.3
PERMITTED ACTIVITIES WITHIN NEW TRACT
The dune zone is set up soley for the restoration
and protection of the Lely Beach dunes. For this
reason only activities strictly related to this
function are permitted. No development structures
or facilities other than dune crossovers are
a 11 owed.
20.3.4
CONSTRUCTION STANDARDS
Dune crossovers to be located within this preser-
vation zone are to be designed and constructed
according to standards of the DNR Division of
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Beaches and Shores. . Dune crossovers shall end
with stairs intersecting the bea:h just. seaward of
the natural or restored vegetation line. No
excavation shall be permitted in this zone other
than that required for the removal of e~otics, the
restoration of the dune zone, or the construction
of dune crossovers.
NATIVE HABITAT PROTECTION AND RESTORATION
A. The entire preservation area shall be cleared
of all exotics and be maintained e)otic free
by the developer or homeowner association.
Exotic plant clearin~ shall take piace 1n
concert with dune restoration activities.
B. The dune preservation zone shall be restcred
to replicate its natural form. Dune restora-
tion shall be accomplished by and according
to a plan prepared by Qualified and approved
habitat restoration specialist.
c. The dune restoration program shall consist of
regrading the site (with the addition of
supplemental sand where necessary) to dupli-
cate natural southwest Florida dune profiles
and planting the foredune area with sea oats
(no less than 80 percent cover) and other
associate native foredune species (not to
exceed 20 percent cover). Backdune areas can
be planted with native backdune shrubs and
trees in such a way as to replicate natural
species distribution. Where native dune
species exist, they shall be retained or
transplanted prior to grading and replanted
thereafter.
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20.3.6
D. The habitat restoration specialist selected for the job as
well as the detailed dune restoration program and plans shall
be reviewed and approved prior to construction by the Count'(
Natural Resources Management Department.
DEFINITIONS AND STANDARDS FOR WETLAND PRESERVATION
.fQ!!f
A. All jurisdictional wetlands located outside
of Tracts M, N, and 0 are considered to be part of the wetland
preservation zone. This designation highlights the importance
of the wetlands and the need for their preservation.
B. Trimming and pruning of live wetland plants
is prohibited without first obtaining appropriate federal,
state, and local approval.
C. land modifications or structures are prohibited within this
zone except for nature trails or boardwalks.
D. Jurisdictional surveys ind~cate a pocket of stressed
wetland vegetation exists within the interior of Tract lely
Beach North. It is understood by all parties that the
Sections 20.3.6, A through C above, do not apply to this
isloated pocket. The Developer or his assigns may undertak~
steps to obtain State, Federal and County permits to fill this
isolated pocket of wetland. Upon receipt of pernits this area
can be utilized for bUilding in accordance with Section IX
requirements.
20.3.7 All activities dealing with Section 20.3.1 through
20.3.6 will be coordinated through the Collier County Natural
Resource Management Department during development. Contact
concerning these development activites will be the responsibilft~
of the developer.
20.3.8 Effluent released by the sewage treatment plant
will monitored by the developer. After buildout monitoring
requirements shall be transferred to the Homeowners Association to
assure minimum impact on Little Hickory Bay. Parameters to be
monitored will be set by the Natural Resource Management Department
and effluent standards in D.E.R. regulations.
-73-
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SECTION XVUXXI
ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS
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The purpose of this Section is to set forth standard
requirements of the Environmental Advisory Council
relative to site clearing. retention and reinforcement
of native vegetation. elimination of exotic plants. and
archaeological or historical site protection.
1+21.2
STIPULATIONS
A. A site clearing plan shall be submitted to the
Natural Resources Management Department and the
Community Development Division for their review
and approval prior to any substantial work on the
site. This plan may be submitted in phases to
coincide with the development schedule. The site
~learin9 plan shall clearly depict how the final
site layout incorporates retained native vege-
tation to the maximum extent possible and how
roads, buildings, lakes, parking lots. and other
facilities have been oriented to accommodate t~is
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B. Native species shall be utilized. where available,
to the maximum extent pOSSible in the site land-
scaping design. A landscaping plan will be
submitted to the Natural Resources Management
Department and the Community Development Division
for their revie~ and aP9foval. This plan will
depict the incorporation of native species an~
their mix with other species. if any. The goal of
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~ite landscaping shall be the recreation of native
vegetation and habitat characteristics lost on the
site during construction or due to past activ-
ities.
C. All exotic plants, as defined in the County Code,
shall be removed during each phase of construction
from development areas, open space areas, and
preserve areas. Following site development a
maintenance program shall be implemented to
prevent reinvasion of the site by such ~xotic
species. This plan. which will describe control
techniques and inspection intervals. shall be
filed with and approved by the Natural Resources
Management Department and the Commu~ity Develop-
ment Division.
D.
If, during the course of site Clearing. exca-
vation, or other constru~tional activities, an
~rchaeological or historical site, artifact, or
other indication is discovered, all development at
that location shall be immediately stopped and the
Natural Resources Management Department notifip.d.
Development will be suspended for a sufficient
length of time to enable the Natural Resources
Management Department of a designated consultant
to assess the find and determine the proper course
of action in regard to its salvageability. The
Natural Resources Management Department will
respond to any such notification in a timely al1d
efficient manner so as to provide only a mini~al
interruption to any construction al activities.
BOOK 022 P....f 458'
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SECTION XXI I
PROTECTIVE COVENANTS
AS PER O.R. 869. Pages 19~1 through 1971
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BAREFOOT BEACH - Exh~bit E
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LEGAL DESCRIPTION: The sUbject property abuts the Gulf of
Mexico on the west and the inland tidal waters of the state
of the east. It extends in a north/south direction for
approximately two miles and lies very near the northern
Collier County line. The precise legal description is as
follows: All land lying in Section 5, Section 6, Section 7,
and Section 8, Township 48 South, Range 25 East, Collier
County, Florida, lying west of the agreed upon boundary line
as described and recorded in OR ~ook 68, Pages 235 thru 250,
inclusive, in the Public Records of Collier County, Florida.
less and except the following described parcel: Begin at
the northeast corner of Section 6, T48S, R25~, thence run
west along the north i1ne of said S~ction 6 a distance of
3,396.61 feet to a set GAC monument, thence continue to run
west along said north line of Section 6 a distance of BOt
feet. to the mean high water line of the Gulf of Mexico,
thence run in a southeasterly direction along the mean high
water line to the intersection of said mean high water line
and a line bearing S7103B'I4"W from a point located
S81021'46"E a distance of 704.53 feet from the above noted
GAC monument, thence run H71038'14"E a distance of SOt feet,
to the above located point, thence continuing N71038'}4" E a
d1st'~ce of ISO.IS feet. t~e.ce 119.C1'C2.K . dJst..ce Dr
41.01 feet, thence H6S.45'OO"E a distance of 580.00 feet,
thence S67001'27"E to a point 50 feet beyond and seaward of
the mean high water line of .the small water body extending
westerly from Little Hickory Bay, thence meandering
northerly and easterly along a line 50 feet seaward of the
mean high water line along lands abutting the south side of
Bonita Beach Road (SR-865) to the east line of Section 6,
T48S, R25E, thence north along the east line of said Sec-
tion 6 to the point of begInning.
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~_w~ .n4 \.~led &wftl~it -A.-----.
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her.1ft ..t ror~hl
NOlI. 'l'HCRE'ORZ, DEVtLQ'ER hareby d.cll'aa t~at tha &boY.
d..erlbed property .hall be hold, .old, .nd convoyed .ub,oct to
the 10Uowln, ruUI"tlon., co""nant., end condition.. all of
~hlch ara ..tabll.he4 for the aola purpoac of anh.n"ln, 4nd
prot."tln9 the v.lu.. .ttr.etlv.n.... .nd pl....nl 11vlnt
qu.llty of BARErOOT lEACK. Th... cova~nt. .h.ll run with tho
I.nd unle.a t.,.ln.ted e. hereln.fter ..t forth .nd .".11 be
blndln, on .11 pertle., whether ,rantae., ~ort,e9..., d.vl....,
heir., peraon&l repr...nt.tlv.a, aucco..or. or ...1,na, O~
.n1 other per.on e1.1aln, rl,hl. tltl.. or lnt.r..t. pro..nt
or futur.. In the 4e.cclb.4 property. or .ny part Dr portion.
t.h.r.of' .
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DErIHITrclNlI. A. UMd h.reln the foll..,l", d.flnitlon.
ehall apply,
DEVEUO'EA .h.ll _.." .nd ..fer to LRly E.t.ta.. In"., e ,.....
Corpor.tlon .uthorila4 to do bu.lnae. In rlorld., It.
.ue"....o.. In own.r.hlp Dr It. .eel,n..
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2/22/2011 Item 17.A.
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OWH~ Ihall ..1ft and r.f.r to tho r.~ord ovnar, whethor
one or MOr. peraona or ontltle., of tho foa 11mpl. tltle to
any r.al o.tata ln~lu4ad wlthln E~lblt ... atte~ha4 heroto
and lnclu41n, tho.. havln, In lnt.ro.t ..rely e. .e~urlty lor
Lh. perlor~nca of en obll,.tlon.
11.
A. Th. flr.t floor flnl.had .l.vatlon for r..ldentlal unlto
.hall not b. 1... than +14.5 r..t ~.C.V.g. Th. .Iavetlon. 01
the botto. of the .tructur.l .caber. .upportln, tho flr.t
Ilnl.h.4 floor, with tha o.ce?tlon of pllln" Ihall be not
1... than -1).0 I..t ~an '"a Lovwl dltu..
a. The Itructuraa roundltlona th.roof and .hloldl"9 .tructur..
1.0. 'ara,r.ph CI .hlll be 40.19nod by an an,ln.or 11con.od
In the Statl or 'lorlda. Tha loundltlon end prlnclpl.
otrllCturo. .haU b. d..l,n.d to eafoly wlth-tand the oefect.
01 a hurrlcan. larce wlnd of 140 mph aotln, at a polnt )0'
llenl &1>0... Lh. a"..ra9. lunoundln, ,round !ev.l I. a.t
lorth ln the late.t edltlon to the SOuthern aul1dln, COde,
Southern Bulldln, Cod. Con,ro.. lntomatlonal, Inc. Th.
etructure. ahall b. pl1. .upport.d vlth pi 1. tlp. not Ie..
than elevetlon ~nua 15.0 feet M.a.V.D.
Th. .uper.tructure .hall be dlractly .upported either by concrete
pill", or by concrete CDl~. It the pl11n,. ar. dlr.ctly
_.....ct.d to tho ...,...tr....t.... ther IllaU .atond vJ thoat .pl1""
'_ ,.. ,~ .1.~.U_ ~ 1M ....n'.. .t U. e~" .,......_.
If th. ._...t......tu.. 1.10 0"""".t.4 by aone.et. col...... tll.
col.... ehal1 be aupported by concrete pile cape. the top
.1.vatlon of which .hlll be no hl,ho. than + 3.0 M.G.V.D., and
th. pU. Clp. .hdl be .upportod by concrete pUln,. 'I'll. nptlr-
.tructur. .upport ..eb.r. .- elth.r colu.ne or p111n, .. .hal1
hive .Lnl.... .l4. dlmen.lon. of 12 inCh.., .h.ll b. d..I9fted to
.apport tho p.evlou.ly da.crl~..up.r.tructuro 10a4. coMblnad
wltb . lat...l loa4 of 5,000 lbe. . u._ aide dl_ndOl\ at the
~ la ,_c ~1" ce __ _r ... _le_..1_ 11.0 ..C:.Y.D.
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Tho above do.erlbed lupport .t~ct~ro Ihall bo no clolar te-
,othar than , foot el.ar dl.tanc..
C. All ohloldln9 otrueture. below tho lavol of alovatlon .13.0
Kean Saa ~vel ohall be fran,lbl. and do.l,nod to blowout It
. wind load of '0 .ph. ra.t..ln,o Ihall b. deol9ned to fall
wh.n tho .urfaeo b .ub,.ct to 0 unlfono load of 40 Ibl. por
oqulre foot.
D. The de.lqft .n,lnoor Ihlll certify on tho pl.no for tho
otruetllre that tho .tructu.... h.. IoDcn 4ea19n.d In .ccordlnClt
with tho.. r.otdetion. ond condolerotloft h.. been 91ye/l to tho
D..lqft Iflva Foreo Analyei. porforollld by the IlopartllCnt of /latural
Ro.oureoo. '~reau of ...che. Ind Shoro., recordad and ottoehad
horeto ao Exhibit .C'.
E. Th.I. r.ltrlctlonl Ihall .ppiy to oil rolldontl11 bulldln,.
and othar .tructuro. at .lellar do.I,n lllo loco tad within tho
Ir.a dOlcrLbod In EXhibit ....
r. Ther. .hol1 bo no excavation oaaward of tho Coaltol Can-
Itructlon Sett..,ck Llno wh1ch _uld reduce the oxhtln, 'ro....d
dunoo rld,oo. Thll rootrletlon Iholl not praelud. .xclvatlon
for plIo foundatlono, utl1ltl.', or non-permanent oxc.votlono,
C. AddItional do.d r..trlctlono vhlch ar. not lneon.lotent
with the abovo covananto ond do not l~r tho Itandordl
e.t.bllohad br tho.. rootrlotlen. 1"011 not be precludad.
H. No conatructlon .~ll be po~ttod .aav.rd of the proport,
d..erlbed l~ Exhibit -.., or In thole ar.a. h.ld In c....n
ownor.hlp 1,ln, v.ot of tho Coaotal Conotruetlon S.tbaek Llno.
In the ovont that the Co..tal Con.truetlo11 Sotbock Lln.
e.tablt.hod 1n Collier Count, purouont to Section lSl.OS3
'lorldo Statuto., oholl b. rep.al.d b, lo,l.latlon or d.te..'no4
uncon.tltutlonal or Invalid by an, Court of eOMpatent 'urlodlt-
tlon ond .lIch dotar.lnatlcn ha. boCOft. rlnal and not lub'.et
to furth.r judicIal r.vlev, tho cov.nant. and re.trlctlon.
h.reln .et may b. abandon.d by an a~t of a m.'orlty or the owner.
of the l,nJ oot forth in E.hlb1t .A',
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1. varianc.. D~ waivor. to t~J.. rOltrlctionl Ihlll bo valid
only It .ppro..od In vdt1n9 by tho rlorid. Dap..t....nt of NAt..rd
...o...c.. Dr oth.r 'tAta A90nc1 ....cl.ln9 j...l.dlction ovar
eo..tal COftl~ruction and if the Y.~l.nc.. or waiver. ar. 611a
.pproy.d by the DCYELOPER.
III
MODU'ZCATIDIl Dr COVENAHTS, The DEYZtCPEIl hereby r.eer.... tho
rl,ht to Nk. ..no"obl. 0I0d1flc:ot1on. to tll... 1:OY."onto,
..c:.pt far S.c:t1on. 11, A throvqh 1 Jnc:lu.1Y. 0114 thl. ..c:tlon.
fr.. ti.... to tlMO. .lthor by way of oddltlon., d.l.tlan., or
Chon,... 00 that It aoy batt.. o....r. the prot.ctlon of tho
v.l~., d..ir&bl1ity and attr.ctlvono.. of tho lubdlvi.lon. The..
cov.n.ntn .r. ...ppl...nt.l to .nd Ind.pend.nt of .ny lonin9.
pr...nt Dr futur., nf the eOUftty of Col11ar. "0 vlrl&nca or
2anln? Chon,. per_ltted by tho County .h.ll 1. .ny v.y be con-
.tru.d to .educ. Dr -.41f1 tho covanont. contoln.d her.ln.
IV
ACCIIPTAIlCE or COVEllAJITI I., tDf OWlIEIII. E.c:t. OWNER. by o"".pt-
In9 on lnt.r.ot in .ny lot. h.r.by and thor.by o,r... to be
bound by oil tho condition.. 11_it.tlon.. ........tlon.. .nd
r..lrlctlonl .. eontaln.d her. In, and in the event of . br.ach
."0.' to p.y .11 "o.t.. 1""ludl"9 a r.o.onobl. otto.n.y'. fe.,
for the .nfar"...nt of th... eoy.nonto.
V
REMEDIEI' I. the ..."t of . vl01.tlon or br.o,,1I of .", of
the.. re.trlctlY. eov.nont.. tile DEYZLDPER or any 9<OuP of
flY. (51 own.r. ohol1 110... lho rl,lIt to proc.ed at 10. 0. In
.quity to CODpOl co.pl1.nce wltll the terae lI.reof or to pr....nt
tll. yiolotlon or b.oo"h of ony of tho.. Th. fallur. to .nforc:.
.ny rl,ht. .....y.tlon. r..trlct!on, con41tlo. or 11.1~.t!on
her.!n cont.ined, howey.r lon, co.tlnu.d ohol1 not be d....d a
w.lYor of the r19ht to do .0 theroort... Tho Inyolld.tlon by
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for~. Ind affo~t. Any dallnquont 0lIIIr:~ aqr~o. to ~y .
r...onabla .ttorney foe for tho Oftfor~o..nt of tho.. u..
I'..tr Let.ion..
VI
Thl. Do~l.rltl~ of Protectlv. Covonlnt. ohlll ~o incorporat.d
in Iny Oa~llrltion of Condo~iniua partainln9 to the ro.1 ootato
ln~ludad "ithln bhlblt ....
VU
E.eh _or of the proporty .a....rd of the C040tal Con.trllCUon
Setl>aek l.lne Ih.1I noUfy tho luta of Flarld.1. t:epartAant
of H.turll '..ourea.. In ~rl~in9 of tho Intant to bulld .ny
.truetur. .a....rd of the Coootal Conltruatlon Sotb.ek l.lno. ftot
10.. th.n IS day. prior to tho ~....nea..nt of ,u~h eon.truetlon.
Thl. notie. .hall be .CCoopanl.d by two 'otl of eonotru~tlon
pl.no and opoelflaotlon. for tho propoo.d otruatu.o.,
~.rtlfi.d 1ft oe~ardan~. ..ith "etion 11 D of tho.. eoven.nt.
by · Prof...ional En,1na... r.,lot.rod 10 tho ltat. of 'lorlda.
VIU
Tho.. ~nded Declar.tlonl or. lfttond.d to .oplle. tho..
Decllrltlon of Protectlv. Covanant. dated the 7th d.ly of April. 197.
.nd fl1.d In Offlcial locard look 1!l ~.,.o 16'9-1707 of tho
PubLic ~..ord. of Colli.r :ounty, Florida.
IN NI'TllESS IIHEII&OF, &.ELT ESTATU, INC.. ha. ~.uood thh
Aoeftd.d Decl.r.tlon of Prat.etl.. Cav.ft.ftt. to bo 119ftod by ltl
duly authorl... offlcor aftJ lto corpor.t. "01 .ffl..d hereto
thh -L doy of
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CllltrSTIAAH W. DUVr:KOT. ...U knOWll to .. to be tha per.on
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BAREFOOT BEACH - Exhibit E
LEGAL DESCRIPTION: The subject property abuts the, Gulf of
Mexico on the west and the inland tidal waters of the state
of the east, It extends in a north/south direction for
approximately two miles and lies very near the northern
Collier County line. The precise legal description is as
follows: All land lying in Section 5, Section 6, Section 7,
and Section 8, Township 48 South, Range 25 East, Colli~r
County, Florida, lyi ng west of the agreed upon boundar)' 1 i ne
as described and recorded in OR Book 68, Pages 235 th!U 250,
inclusive, in the Public Records of Collier County, F1orida.
less and except the following descr,bed parcel: Begin at
the northeast corner of Section 6, T485, R25E. thence run
west along the north line of said Section 6 ~ distance of
3,396.61 feet to a set GAC monument, thence continue to run
west along said north line of Section 6 a distance of 60t
feet, to the mean high water line of the Gulf of Mexicc.
thence run in a southeasterly direction along the Woea" high
water line to the intersection of said mean high water line
and a line bearing S71a38'14NW from a point located<<
SBla21'46NE a distance of 704.53 feet from the above noted
GAC monument. thence run H71a38'I4"E a distance of BOt feet,
to the above located point. thence continuing H71a3S'14. E !
distance of 150.15 feet, thence H19a47'42.W a distance of
41.01 feet, thence N68a45'OO"E a distance of 5BO.00 feet,
thence S67aOl'27.E to a point 50 feet beyond and seaward of
the mean high water line of the small water body extending
westerly from Little Hickory-Say, thence meandering
northerly and easterly along a line 50 feet seaward of the
mean high water line along lands abutting the south side of
Bonita Beach Road (SR-B65) to the east line of Section 6,
1485, R25E, thence north along the east line of said Sec-
tion 6 to the point of beginning.
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STATE OF FLORIDA )
COUNTY OF COLLIER )
.. 2/22/2011 Item 17.A.
.. ;
~3-q1
I, WILLIAM J. REAGAN. Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier county, Florida, do
hereby certify that the foreqoinq i. a true and correct
original of:
ORDINANCE NO. 85-83
which was adopted by the Board of County Commissioners durlng
Regular Session on the 17th day of December. 1985.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of Dece.ber, 1985.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-Officio to Board ,of ." ,
County CO.lIlisaio~e~~~~~.,!~~':'~,~'~
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2/22/2011 Item 17.A.
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Protecting Southwest Florida's unique natural environment and quality 01 life ,..
'450 Merrihue Drive
R. Bruce Anderson
Roetzel & Andress, L.P.A.
850 Park Shore Drive
Trianon Centre, Third Floor
Naples FL 34103
Naples, Florida 34102
239262 0304
Fax 239,262,0672
www,conservancy,org
Sent via e-mail and post
RE: Lely Barefoot Beach PUD Amendment
Petition PUDA-PL2009-AR-742
Dear Mr. Anderson:
Per the 1985 Settlement Agreement (Settlement) between Lely Estates, Inc,
(Lely Barefoot Beach), The Conservancy, Inc. (Conservancy) and Collier County,
certain activities and changes proposed within the Lely Barefoot Beach
development require the review and/or approval of the Conservancy. Section
seven of the Settlement describes the binding nature of the Planned Unit
Development (PUD) document and states, in part:
Because of the characteristics of this real estate development and
the specific nature of the agreements herein for settlement and the
associated standards, defendant Le/y, on behalf of itself and its
representatives, successors, assigns and heirs, does hereby agree
that no changes to the relevant P.U.D. ordinance or associated
exhibits (except for the minor changes described below) will be
made without review and written approval by plaintiff, The
Conservancy, Such approval shall not be unreasonable withheld.
Q;
s
The Barefoot Beach Property Owners Association, Inc. has submitted an
application to Collier County for a pun amendment to reallocate 15 units of
unbuilt density from the Cottages at Barefoot Beach (DC-1) to Lely Barefoot
Beach Unit 1, Blocks A-K. The Conservancy asserts that the reallocation of
density is a substantial amendment and therefore subject to the requirements of
this provision,
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PacketPage-1400-
2/22/2011 Item 17.A.
The need to reallocate the 15 units of density is based upon a discrepancy
between the number of lots available within Unit 1, Blocks A-K as indicated on
the plat and the amount of density assigned to this area within the 1985 PUD,
Unit 1. Blocks A-K were platted in 1978 and contained 132 buildable lots. The
PUD assigned a lesser density of 91 units in 1985. but also included language
that allowed for this maximum to be increased as long as the total density for the
entire project did not exceed 750 units,
Conservancy staff has reviewed this request and has determined that while the
original plat contained 132 units, the PUD's flexibility in allowing for lot
combination has resulted in a number of lots being consolidated to allow for a
larger structure and greater setbacks from adjacent properties. A review of the
Property Appraiser's site confirms that there are now 93 distinct lots within Unit 1,
Blocks A-K.
However, while some of these lot combinations have resulted in private deed
restrictions limiting them to only one home, others do not have such a stipulation
in place. According to the information provided on behalf of the applicant. there
are six parcels where two homes could be allowed, even though these parcels
today contain a single residence. Taking these lots into consideration, it appears
that there are potentially 105 buildable units existing within Unit 1, Block A-K
(See Attachment). Thus. a request to reallocate 15 units would bring the total
allowable density from 91 units to 106 units. This total would provide the density
necessary for a home to be built on all of the lots to which units are legally
entitled, and would provide one extra dwelling unit in case of error in the total
count.
The Conservancy does not object to this amendment based upon the validity of
the following items:
1. The amendment will not result in any additional impact to open space or
preserve areas within the Lely Barefoot Beach PUD.
2. The amendment will not result in additional encroachment to natural
resources beyond what is already allowed per the PUD and Settlement.
3. As the amendment is reallocating density already contained within the
PUD, there will be no increase in the overall number of units within the
development as the result of this amendment.
Based upon these items being true and accurate, the Conservancy approved the
proposed amendment to the Lely Barefoot Beach PUD. As a signatory to the
1985 Settlement, the Conservancy maintains our role of environmental oversight
for activities within the Lely Barefoot Beach development. We take our obligation
very seriously, as a significant amount of environmental impact was conceded
during our negotiated settlement on this legal matter in the mid-1980s. As much
has been given up in order to allow for both development and natural resource
protection within Lely Barefoot Beach, our role remains to continue monitoring all
Packet Page -1401-
2/22/2011 Item 17.A.
activities under our authority to ensure they are conducted in a manner that
avoids additional environmental degradation.
Thank you for the information provided for our review and if you have any
questions, please contact Nicole Ryan, Director of Governmental Relations, at
(239) 403-4220.
Sincerely,
/ik//L
ndrew McElwaine
President and CEO
CC: Nancy Gundlach
Attachment
Packet Page -1402-
2/22/2011 Item 17.A.
Lely Barefoot Beach Lots
\ /
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96 Lots shown (Unit 1 and 2)
15 Vacant lots
93 Total Unit 1 Lots
(15 Vacant + 78 Unit 1 Built)
J
CONSERVANCY
Of Southwest Florida
Ww'ft'.consc rvanC)'.org
Legend
Unit 2 Lots (3 lots)
m Split Parcels (6 lots)
Lely Unit 1 Vacant Lots (15 lots)
Unit 1 Built Lots
Data from: Florida Department of Revenue 2009
Collier County Florida Parcel Data
Available at Florida Geographic Data Library
o 0.0250.05
0.1
0,15
0.2
Miles
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Packet Page -1403-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
APPLlCA liON FOR PUBLIC HEARING FOR:
[gj AMENDMENT TO PUD (PUDA) 0 PUD REZONE (PUDZ)
o PUD TO PUD REZONE (PUDZ-A)
PETITION NO
PROJECT NAME
DATE PROCESSED
To be completed by staff
APPLICANT INFORMATION
~I~
NAME OF APPLlCANT(S) BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION. INC.
ADDRESS 195 BAREFOOT BEACH BOULEVARD CITY BONITA SPRINGS STATE FL ZIP 34134
TELEPHONE # 239 947-6690 CELL # _ FAX # 239 947-9992
E-MAIL ADDRESS:
NAME OF AGENT R. BRUCE ANDERSON
ADDRESS 850 PARK SHORE DRIVE CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239 649-2708 CELL # FAX # 239 261-3659
E-MAIL ADDRESS:BANDERSON@RALAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
II
Revised Nov2009
Packet Page -1404-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET '
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner's website at httD:llwww.collieraov.net/lndex.asDx?Doae=774
NAME OF HOMEOWNER ASSOCIATION: BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION. INC.
MAILING ADDRESS 195 BAREFOOT BEACH BLVD. CITY BONITA SPRINGS STATE FL ZIP 34134
NAME OF HOMEOWNER ASSOCIATION: BAREFOOT BEACH MASTER ASSOCIATION. INC.
MAILING ADDRESS 195 BAREFOOT BEACH BLVD. CITY BONITA SPRINGS STATE FL ZIP 34134
NAME OF HOMEOWNER ASSOCIATION: THE COTTAGES OF BAREFOOT BEACH CONDOMINIUM
ASSOCIATION. INC.
MAILING ADDRESS 195 BAREFOOT BEACH BLVD. CITY BONITA SPRINGS STATE FL ZIP 34134
NAME OF HOMEOWNER ASSOCIATION: _
MAILING ADDRESS CITY STATE ZIP
NAME OF HOMEOWNER ASSOCIATION:_
MAILING ADDRESS CITY STATE ZIP
Revised Nov2009
Packet Page -1405-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
Disclosure of Interest Information
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest, (Use additional sheets if necessary).
Name and Address
% of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address % of Ownership
Not applicable -
non profit
Barefoot Beach Property Owners Association, Inc. corporation
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
, percentage of interest.
Name and Address
% of Ownership
Revised Nov2009
PacketPage-1406-
2/22/2011 Item 17.A.
.....
Co ., County
~~
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COLLlERGOV.NET (239) 252-2400 FAX (239) 252-6358
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name
of the general and/or limited partners.
Name and Address
% of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
% of Ownership
Date of Contract: _
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
Revised Nov2009
Packet Page -1407-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET (239) 252-2400 FAX (239) 252-6358
g. Date subject property acquired IZI Subiect area was platted and common areas
dedicated on AUQust 7. 1978 for Unit 1 in Plat Book 12. PaQes 34-37. Official
Records of Collier County. Florida. leased D Term of lease
yrs./mos.
If, Petitioner has option to buy, indicate the following:
Date of option: _
Date option terminates: , or
Anticipated closing date _
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing, it
is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
PROPERTY LOCATION
Detailed lee:al description of the property covered bv the application: (If space is inadequate, attach
on separate page.) If request involves change to more than one zoning district, include separate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal description, an engineer's certification or sealed survey may be required.
Section/Township/Range 2/48S /25E
Lot: N/A Block: A-K abut roadway Subdivision: Lely Barefoot Beach Unit 1
Plat Book II Page #: 34-37 Property 1.0. #:
Metes & Bounds Description: _
Size of property: _ ft. X _ ft. = Total Sq. Ft. _ AcresUnit 1: 42.5 Lelr Barefoot Beach is
acres.
Address/aenerallocation of subject proDerty: Lely Barefoot Beach PUD. south side of Bonita Beach Road.
PUD District (LOC 2.03,06): I:8:J Residential D Community Facilities
o Commercial . D Industrial
Revised Nov2009
Packet Page -1408-
2/22/2011 Item 17.A.
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COlliER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
ADJACENT ZONING AND LAND USE
N
S
E
W
Does the owner of the subject property own property contiguous to the subject property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section/Township/Range _ / _ / -
Lot:
Block:
Subdivision:
Plat Book _ Page #: _ Property 1.0. #: -
Metes & Bounds Description: _
REZONE REQUEST
This application is requesting a rezone from the Lely Barefoot Beach PUD is bein9 amended to relocate
approved unbuilt dwellinG units from one develoDed area DC-1 "The CottaCles at BClrefoot Beach" to
another developed area "Lely Barefoot Beach Unit One: Blocks A-K". The DC-l Cottaaes area was
approved for 60 dwellinq units but only 15 were built. The Amendment relocates ri9hts to build 15 of the
unused 4S units from DC-l to Unit 1, blocks A-K. The Plat for Unit 1 was apDroved for 132 lots, however
the PUD presently allocates only 91 dwellinG units .in Unit 1. The Amendment is necessary to make the
PUD consistent with the approved plat. Lely Development Corporation. the Barefoat Beach Master
Association. Inc. and the Cottages of!\Barefoot Beach Condominium Association. Inc. have all C1iven their
approvals and consents to the relocation of the dwellinG units as proposed in this application. zoning
district(s) to the PUD zoning district(s).
Present Use of ihe Property: Residential SinGle Familyl
Proposed Use (or range of uses) of the property: Residential SinGle Family DwellinCls
Original PUD Name: Lelv Barefoot Beach PUD Ordinance No.: 85-83
R~yiScd ~~0\:: (tI.JW
Packet Page -1409-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
lEV ALUA TION CRITERIA
Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation to the
Board of County Commissioners shall be based upon consideration of the applicable criteria noted below.
Provide a narrative statement describing the re%one request with specific reference to the criteria noted
below. Include any backup materials and documentation in support of the request.
PUD Ruone Considerations (LDC Section 10.02.13.8)
1, The suitability of the area for the type and pattern of development proposed in relation to physical
characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other
utilities.
The sub;ect lands are alreadv platted and partiallv develooed.
2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or
other instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense. Findings and
recommendations of this type shall be made only after consultation with the county attorney.
The Barefoot Beach POA has been assigned the dwelling units from and authorized to file this
application by Lely Development Corporation, Barefoot Beach Master Association, Inc.. and The
Cottages at Barefoot Condominium Association. Inc.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan. (This is to include identifying what Sub-district, policy or other provision
allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that
Sub-district, policy or other provision.)
This Amendment does not impact the Growth Manaaement Plan since it only re-allocates
approved density internally in the PUD.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
The use of residential single family units already exists on the lands the density is re-allocated to.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
The PUD was alredy determined to meet open space requirements when approved.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
The lands are platted and improved and will hove to document adeauacy of public and private
facilites at time of building oermits.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The lands ore already plotted with sufficient lots to accept the density.
Revised Nov2009
PacketPage-1410-
2/22/2011 Item 17.A.
Co~eT County
~~~
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET (239) 252-2400 FAX (239) 252-6358
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
The amendment is necessary to make the PUD consistent with aooroved olat for lely Barefoot
Beach Unit 1 - blocks A-K.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners association
in the area for which this use is being requested In order to ascertain whether or not the request Is affected
by existing deed restrictions.
Previous land use petitions on the subject proDerty: To your knowledge, has 0 public hearing been held
on this property within the last year? 0 Yes fZI No
If so, what was the nature of that hearing? _
Official Interpretations or Zonin9 Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year? k8:I Yes 0 No
If so, please provide copies.
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been
made and the application is assigned a petition processing number. The application will be
considered "dosed" when the petitioner withdraws the application through written notice or
ceases to supply necessary information fo continue processing or otherwise actively pursue the
rezonil"'H~ for ClI period of sbt (6) months. An application deemed "closed" will not receive further
processing and an application "closed" through inactivity shall be deemed withdrawn. An
applicCll~ion deemed "dosed" may be re-opened by submitting a new application, repayment of
all application fees and granting of a determination of "sufficiency". Further review of the project
will be subject to the then current code. (LDe Section 10.03.05.a.)
Revised Nov2009
PacketPage-1411-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 252-6358
STATEMENT OF UTILITY PROVISIONS
FOR PUO REZONE REQUEST
APPLICANT INFORMATION
NAME OF APPLlCANT(S) NOT APPLICABLE - NOT REQUIRED.
ADDRESS CITY STATE ZIP
TELEPHONE # CELL # FAX #
E-MAIL ADDRESS:
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): _
LEGAL DESCRIPTION
Section/Township/Range _ / _ / _
Lot:
Block:
Subdivision:
Plat Book _ Page #: _ Property I.D. #: _
Metes & Bounds Description: _
I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
(Check applicable system):
COUNTY UTILITY SYSTEM
a. CITY UTILITY SYSTEM
b. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
c. PACKAGE TREATMENT PLANT
(GPD capacity) _
d. SEPTIC SYSTEM
o
o
o
o
TYPE OF WATER SERVICE TO BE PROVIDED
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIV A TE SYSTEM (WELL)
o
o
o
o
Revised Nov2009
Packet Page -1412-
2/22/2011 Item 17.A.
'~i""
a;llrer County
~~
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COllIERGOV.NET
T'OTAL POPULATION TO BE SERVED:
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
PEAK AND AVERAGE DAILY DEMANDS:
A, WATER-PEAK AVERAGE DAILY
B. SEWER-PEAK AVERAGE DAILY
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM,
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED
NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the
services boundaries of Collier County's utility service system, written notarized statement shall
be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage
collection facilities within the project area upon completion of the construction of these facilities
in accordance with all applicable County ordinances in effect at the at time. This statement
shall also include an agreement that the applicable system development charges and
connection fees will be paid to the County Utilities Division prior to the issuance of building
permits by the County. If applicable, the statement shall contain shall contain an agreement to
dedicate the appropriate utility easements for serving the water and sewer systems.
STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or
otherwise provided for at the pre-application meeting, if the project is to receive sewer or
potable water services from any provider other than the County, a statement from that
provider indicating that there is adequate capacity to serve the project shall be provided.
Revised Nov2009
Packet Page -1413-
2/22/2011 Item 17.A.
Co~er County
~
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 252-6358
AFFIDAVIT
We/I, (SEE ATTACHED AFFIDAVIT) - Barefoot Beach Property Owners Association. Inc. being first duly
sworn, depose and say that we/I am/are the owners of the property described herein and which is
the subject matter of the proposed hearingj that all the answers to the questions in this application,
including the disclosure of interest information, all sketches, data, and other supplementary matter
attached to and made a part of this application, are honest and true to the best of our knowledge
and belief. We/I understand that the information requested on this application must be complete and
accurate and that the content of this form, whether computer generated or County printed shall not be
altered. Public hearings will not be advertised until this application is deemed complete, and all
required information has been submitted
As property owner We/I further authorize R. Bruce Anderson. Esq. of Roetzel & Andress. LPA to act as
our/my representative in any matters regarding this Petition.
Signature of Property Owner
Signature of Property Owner
Barefoot Beach Property Owners Association. Inc.
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this day of
200-----, by who is personally known to me or has produced
as identification.
State of Florida
County of Collier
(Signature of Notary Public - State of
Florida)
(Print, Type, or Stamp Commissioned
Revised Nov2009
Packet Page -1414-
2/22/2011 Item 17.A.
.Y~
ec;fl'~'Y County
~~
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
COVENANTOFUNllnEDCONTROL
The undersigned do hereby swear or affinn that we are the fee simple titleholders and owners of record of property
commonly known as SEE A TT ACHED.
(Street address and City. State and Zip Code)
and legally described in Exhibit A attacbed hereto.
Tbe property described herein is the subject of an application for planned unit development ( PUD) zoning.
We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these
individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to
develop. This authority includes, but is not limited to. the hiring and authorization of agents to assist in the preparation of
applications, plans, surveys, and studies necessary to obtain zoning approval on the site. Tbese representatives will remain
the only entity to authorize development activity on the property until such time as a new or amended covenant of unified
control is delivered to Collier County.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project:
1. The property will be developed and used in conformity with the approved master plan including all conditions placed
on the development and all commitments agreed to by the applicant in connection with the planned unit development
rezoning.
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and
stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in
part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or
safeguards provided for in the planned unit development process will constitute a violation of the Land Development
Code,
4, All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity within
the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force. Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance,
The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development
and the County may stop ongoing construction activity until the project is brought into compliance with all tenns,
conditions and safeguards of the planned unit development.
Owner
Owner
Printed Name
Printed Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
Sworn to (or affirmed) and subscribed before me this
who is personally known to me or bas produced
day of
.200_ by
as identification.
Notary Public
(Name typed, printed or stamped)
Revised Nov2009
Packet Page -1415-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
PUD REZONE APPLICATION
SUBMITTAL REQUIREMENTS
GENERAL INSTRUCTIONS
Application information must be clearly printed or typed. All material must be legible and completed
in full. All requirements must be submitted as indicated below, unless otherwise determined during the
pre-application meeting.
GENERAL APPLICATION
To be completed in full and to include the following information.
PUD list of permitted uses
Development Standards Table
List of proposed deviations from the LDC (if any)
List of Developer Commitments
Refer to LDC Section 10.02.1 3.A.2 for required information
PRE-APPLICATION MEETING NOTES WITH THE ADDRESSING CHECKLIST FORM
Provide copies of notes taken at pre-application meeting
DIGITAL REQUIREMENTS
An electronic version of all plans and documents on CDROM as part of the submittal package.
FEES
Required fees in accordance with current Fee Schedule. Check shall be made payable to: Collier
County Board of Commissioners.
Application Fee
~ PUD Rezone = $10,000 + $25 per acre
~ PUD to PUD Rezone = $8,000 + $25 per acre
Comprehensive Planning Consistency Review = $2,250
Legal Advertising Fees
~ BCC = $500
~ CCPC = $925
Fire Code Review = $150/$100 for PUDZ-A
EIS Review = $2,500
Note: An additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee.
Revised Nov2009
Packet Page -1416-
2/22/2011 Item 17.A.
CoiNer County
~
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
ENVIRONMENTAL IMPACT STATEMENT (EIS)
An Environmental Impact Statement (EIS), as required by Section 1 0.02.02. of the land Development
Code (lDe) , or a request for waiver if appropriate.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
AERIAL PHOTO
Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous
twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall
identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with
Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally,
a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation
and location(s) of the required portion of native vegetation to be preserved (per lDC Section
3.05.07).
BOUNDARY SURVEY
Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by a Florida
registered land surveyor, showing the location and dimensions of all property lines, existing streets or
roads, easements, rights-of-way, and areas dedicated to the public.
HISTORICAL & ARCHAEOLOGICAL SURVEY
A historical and archeological surveyor waiver application if property is located within an area of
historical or archaeological probability (as identified at pre-application meeting)
PUD MASTER PLAN
In compliance with Section 1 O.02..13.A.l of the Land Development Code.
OWNER/AGENT AFFIDAVIT
Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized.
WARRANTY DEED
A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of
ownership clearly demonstrating ownership and control of the subject lot or parcel of land.
ARCHITECTURAL RENDERING
Architectural rendering of any proposed structures
TRAFFIC IMPACT STATEMENT (TIS)
Unless waived at the pre-application meeting, a Traffic Impact Statement (TIS) must be submitted. For TIS
Guidelines and Procedures, refer to the following link: http://www.coIliergov.netlIndex.aspx?page=566
For additional questions, please contact John Podczerwinsky at 239-252-81 92.
UTILITY PROVISIONS STATEMENT
A copy of the Utility Provisions Statement with required attachments and sketches. Please refer to
attached form.
Revised Nov2009
Packet Page -1417-
-~'..
?1:~~."
Co[1!ter County
=":l:'~;;':::;:'''0z.,,::~~~
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
Including all Appendices and Exhibits
PERMITS
Copies of State and/or Federal permits
STATEMENT OF COMPLIANCE
Conformity of the proposed PUD with the goals, objectives and policies of the growth management
plan. (This is to include identifying what Sub-district, policy or other provision allows the requested
uses/density, and fully explaining/addressing all criteria or conditions of that sub-district, policy or
other provision.)
NEIGHBORHOOR INFORMATIONAL MEETING (NIM)
Required per LDC Section 10.03.05.E. Please see attachment for requirements.
OTHER
Any additional requirements as may be applicable to specific conditional uses and identified during
the pre-application meeting, including but not limited to any required state or federal permits.
CONTINUANCE FEES
In accordance with Collier County Community Development and Environmental Services Fee Schedule,
when land use petitions are continued, the following fees will apply:
Requested after petition has been advertised = $500
Requested at the meeting = $750
Additional required advertising charged in addition to continuance fees
BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT
TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF
COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE
ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIA TEL Y.
Revised Nov2009
Packet Page -1418-
2/22/2011 Item 17.A.
BY CoUl1ty
COlliER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COlLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 252-6358
NEIGHBORHOOD INFORMATIONAL MEmNG
LDC Sedion 10,03.05. F
Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after Initial staff review
and comment on the application and before the Public Hearing is scheduled with the Planning Commission.
Written notice of the meeting shall be sent 15 days prior to the Neighborhood Information Meeting to all
property owners who are required to receive legal notification from the County pursuant to Section
10.03.05.F.2.
Notification shall also be sent to property owners, condominium and civic associations whose members are
impacted by the proposed land use change and who have formally requested the County to be notified.
A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished
to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days
prior to the scheduled date of the NIM.
The applicant must make arrangements for the location of the meeting. The location must be reasonably
convenient to those property owners who are required to receive notice and the facilities must be of
sufficient size to accommodate expected attendance.
The applicant must place an advertisement of the meeting in that portion of the newspaper where legal
notices and classified advertisements appear stating the purpose, location, time of the meeting and legible
site location map of the property for which the zoning change is being requested. The display
advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a
newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5)
days before, the NIM.
The Collier County staff planner assigned to the project must attend the NIM and shall serve as the
facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to
develop the subject property.
The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the
Zoning Department.
As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced
to writing and made a part of the record of the proceedings provided to the Zoning Department. These
written commitments will be made a part of the staff report of the County's review and approval bodies
and made a part of the consideration for inclusion in the conditions of approval.
In cases where the applicant's petition activity extends beyond one year from the date that the last
Neighborhood Information Meeting (NIM) was held, an additional NIM will be conducted with adherence to
all notification and advertising required for the initial meeting.
Revised Nov2009
Packet Page -1419-
Co~T County
""'~~
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
RECORDING OF DEVELOPER COMMITMENTS
Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall
record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or
Notice of Developer Commitments that contains the legal description of the property that is the subject of the
land use petition and contains each and every commitment of the owner or developer specified in
the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the
recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided
to the Collier County Planned Unit Development Monitoring stoff within 15 days of recording of said
Memorandum or Notice.
Revised Nov2009
Packet Page -1420-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
PUD AMENDMENT (PUDA) . PUD REZONE (PUDZ) . PUD to PUD REZONE (PUDZ.A)
APPLICATION SUBMlnAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMlnED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS AnACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITT ALS WILL NOT BE ACCEPTED.
REQUIREMENTS #OF NOT
COPIES REQUIRED REQUIREC
1 Additional set if located in the Bavshore/Gatewav Triangle Redevelopment Area)
Copies of detailed description of why amendment is necessary 24 f8l 0
Completed Application with list of Permi1ted Uses; Development Standards Table; List of 24 f8l D
proposed deviations from the LDC (if any); List of Developer Commitments and
Statement of Compliance narrative (download application from web for current form)
Pre-application meeting notes 24 f8l D
PUD Conceptual Moster Site Plan 24" x 36" and One 8 V2" x 11" COpy 24 f8l D
Revised Conceptual Moster Site Plan 24" x 36"ond One 8 V2" x 11" copv 24 I8l D
Original PUD doc/ord and Master Plan 24" x 36" - ONLY IF AMENDING THE PUD 24 ~ D
Revised PUD application with changes crossed thru & underlined 24 ~ D
Revised PUD application w lamended Title page w lord #'s, LDC 10.02.13.A.2 24 I8l 0
Justification/Rationale for the Deviations (must be on 0 separate sheet within the 24 D I8l
application material; please DO NOT include it in the PUD documents)
'Q'iis'e>>fihe,fOiioWi-<.'d' .,.. .', ,.,' , -,': '...",i.,' ,," '.. ......
.~,~.". ..,.'., ....___"'~,..".','iC,; '.'" .".."','" ,..' "',
Deeds/Legal's & Survey (if boundary of original PUD is amended) 3 D I8l
List identifying Owner & all parties of corporation 2 I8l D
Owner / Affidavit signed & notarized 2 I8l 0
Covenant of Unified Control 2 I8l 0
Completed Addressing checklist 2 I8l D
Environmental Impact Statement (EIS) and digital/electronic copy of EIS or exemption 0 I8l
iustification 4
Historical Surveyor waiver request 4 0 [gJ
Utility Provisions Statement w /sketches 4 0 I8l
Architectural rendering of proposed structures 4 0 1ZI
Survey, signed & sealed 4 0 0
Traffic Impact Statement (TIS) with applicable fees. For TIS guidelines & procedures 7 1ZI 0
refer to htm://www.collienwv.net/Index.asnx?naoe=566
Recent Aerial Photograph (with habitat areas defined) min scaled 1"=400' 5 0 1ZI
Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 [8J 0
Copy of Official Interpretation and/or Zoning Verification 1 1ZI 0
If located in RFMU (Rural Frinae Mixed Use) Receivint;l Land Areas
Applicant must contact Mr. Gerry J. Lacavera, State of Florida
Division of Forestry @ 239-690-3500 for information regarding
"Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c.
Applicant/Agent Signatvre
Revised Nov2009
Date
Packet Page -1421-
2/22/2011 Item 17.A.
Why Amendment is Needed:
The Lely Barefoot Beach PUD is being amended to relocate approved unbuilt
dwelling units from one developed area DC-1 "The Cottages at Barefoot Beach"
to another developed area "Lely Barefoot Beach Unit One: Blocks A-K". The DC-1
Cottage area was approved for 60 dwelling units but only 15 were built. The
Amendment relocates rights to build the 15 of the unused 45 units from DC-1 to
Unit 1, Blocks A-K. The Plat for Unit 1 was approved in 1978 for 132 lots and all
have been sold, however the PUD presently allocates only 91 dwelling units in
Unit 1. The Amendment is necessary to eliminate the inconsistency between the
PUD and the approved and recorded plat. Lely Development Corporation, the
Barefoot Beach Master Association, Inc. and the Cottages of Barefoot Beach
Condominium Association, Inc. have all given their approvals and consents to the
relocation of the dwelling units as proposed in this application which are
attached as Exhibit 8,
620831 v_02 \ 115783,0024
Packet Page -1422-
2/22/2011 Item 17.A.
BT County
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 252-6358
EXHIBIT A
PERMITTED USES:
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:
I. NO CHANGES ARE PROPOSED OR REQUESTED.
Any other principal use which is comparable in nature with
the foregoing list of permitted principal uses, as
determined by the Board of Zoning Appeals ("BZA") by the
process outlined in the LDC.
B. Accessory Uses:
1.
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
CONDITIONAL USES (Optional)
1.
DEVELOPMENT STANDARDS
Table NO CHANGES ARE PROPOSED
below sets forth the development standards for land uses
within the (type ofPUD) PUD Residential Subdistrict. Standards not
specifically set forth herein shall be those specified in applicable
sections of the LDC in effect as of the date of approval of the SDP or
Subdivision plat.
OR
REQUESTED,
Project #: PUDA-PL-2009-742 Kev: 1
Project Name: LEL Y BAREFOOT BEACH
Date: 8/4/10
DUE: 9/1/10
Revised Nov2009
PacketPage-1423-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
EXHIBIT B
T ABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY TWO-FAMILY, MULTI- CLUBHOUSE/
ATTACHED & PATIO & FAMILY RECREATION
TOWNHOUSE ZERO LOT LINE BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA S.F. PER S.F. PER S.F. PER S.F. PER S.F. PER
UNIT UNIT UNIT UNIT UNIT
MINIMUM LOT WIDTH FEET FEET FEET FEET FEET
MINIMUM FLOOR AREA S.F S.F S.F S.F./D.U. N/A
MIN FRONT YARD FEET FEET FEET FEET N/A
MIN SIDE YARD FEET FEET or FEET or FEET N/A
MIN REAR YARD FEET FEET FEET FEET N/A
MIN PRESERVE SETBACK FEET FEET FEET FEET FEET
MIN. DISTANCE BETWEEN FEET FEET FEET FEET 0 r N/A
STRUCTURES BH,
whichever is
Qreoter
MAX. BUILDING HEIGHT NOT FEET FEET FEET FEET FEET
TO EXCEED
ACCESSORY STRUCTURES
FRONT FEET FEET FEET FEET FEET
SIDE FEET FEET FEET FEET BH
REAR FEET FEET FEET FEET FEET
PRESERVE SETBACK FEET FEET FEET FEET FEET
DISTANCE BETWEEN
PRINCIPAL STRUCTURE
MAX. BUILDING HEIGHT NOT SPS SPS SPS FEET
TO EXCEED FEET
S.P,S. = Same as Principal Structures
BH = Building Height
Revised Nov2009
Project #: PUDA-PL-2009-742 Rev: 1
Project Name: LEL Y BAREFOOT BEACH
Date: 8/4/10
DUE: 9/1/10
Packet Page -1424-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COlLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252.2400 FAX (239) 252-6358
Footnotes as needed
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to
individual parcel or lot boundary lines, or between structures. Condominium, andlor homeowners' association
boundaries shall not be utilized for detennining development standards.
Setback may be either feet ( ) on one side and feet ( ) on the other side in order to provide a
minimum separation between principal structures of feet ( ). Alternatively, if the foot ( )
setback option is not utilized, then the minimum setback shall not be less than feet ( ) and the combined
setback between principal structures shall be at least feet ( ). At the time of the application for
subdivision plat approval for eacb tract, a lot layout depicting minimum yard setbacks and the building footprint shall
be submitted.
TABLE n
DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA Sq.Ft. N/A
MINIMUM LOT WIDTH Ft. N/A
MINIMUM YARDS (External)
From Immokalee Road Canal ROW Ft. SPS
From Future Ex1ension ofCoIlier Blvd. Ft. SPS
From Western Project Boundary Ft. Ft.
MINIMUM YARDS (Internal)
Internal Drives/ROW Ft. Ft.
Rear Ft. Ft.
Side Ft, Ft.
MIN. DISTANCE BETWEEN Ft. or sum of Ft.
STRUCTURES Building heights *
MAXIMUM HEIGHT
Retail Buildings Ft. Ft.
Office, Buildings Ft, Ft.
MINIMUlVf FLOOR AREA Sq. Ft. ** N/A
MAX. GROSS LEASABLE AREA Sq.Ft. N/A
Revised Nov2009
Packet Page -1425-
i2if~,
Come., County
--~
2/22/2011 Item 17.A.
COlliER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COlLIERGOV.NET
... whichever is greater
.. per principal structure, on the finished first floor.
2800 NORTH HORSESHOe DRive
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
EXHIBIT C
MASTER PLAN
CURRENT MASTER. PLAN IS ATTACIDID - NO CHANGES ARE PROPOSED OR REQUESTED.
22
Project #: PUDA-PL-2009-742 Rev: 1
Project Name: LEL Y BAREFOOT BEACH
Date: 8/4110
DUE: 9/1/10
Revised Nov2009
Packet Page -1426-
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------
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
EXHIBIT D
LEGAL DESCRIPTION
(If legal description is too long, add as an attachment)
Lelv Barefoot Beach Unit One recorded in Plat book 12. Paces 34-37. Official
Records of Collier County. Florida.
The Cottaaes at Barefoot. A condominium recorded in OR Book 2005. Pace 1077.
Official Records of Collier County. Florida.
Project #: PUDA-PL-2009-742 Rev: 1
Project Name: LEL Y BAREFOOT BEACH
Date: 8/4/10
DUE: 9/1/10
Revised Nov2009
Packet Page -1428-
2/22/2011 Item 17.A.
,-"
~J~~.
f?j '~~.
CoiNer County
~~~"':l;o
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDe
NO CHANGES ARE PROPOSED OR REQUESTED.
L_2009-742 Rev: 1
project #: PU~A:L Y BAREFOOT BEACH
Project Name. L
Date: 8/4/10
DUE: 9/1/10
Revised Nov2009
Packet Page -1429-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
EXHIBIT F
LIST OF DEVELOPER COMITMENTS
NO CHANGES ARE PROPOSED OR REQUESTED.
Project #: PUDA-PL-2009-742 Rev: 1
Project Name: LEL Y BAREFOOT BEACH
Date: 8/4/10
DUE: 9/1/10
Revised Nov2009
Packet Page -1430-
Project #: I-'UUA-I-'L-~UU\:!-(4~ Kev: 1
Project Namf' ,..... v .....n......""T .....,..,..u
Date: 8/4/10 2/22/2011 Item 17.A.
DUE: 9/1/10
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLUERGOV.NET' ,,-, --'. -" -
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA S4104
(239) 252-2400 FAX (239) 252-6358
Project Name: l
acres
Applicant Name: '
Owner Name: G \
Owner Address:
Existing PUD Name and Number
Assigned Planner N [1,I/\l>-( Get \td \- (:( rh
Meeting Attendees: (attach Sign-In sheet)
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Packet Page -1431-
2/22/2011 Item 17.A.
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Packet Page -1432-
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
-- WWW.COLLlERGOY.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITT ALS WILL NOT BE ACCEPTED.
REQUIREMENTS #OF REQUIRED NOT
COPIES REQUIRED
5~j-"-'~mir~mf~':ti~"""";;v~-'~'~'~.1'l!'~fi'iJjf~"'-~tli~~~.
:, .;. " ." Nd:, ,_,~!.f "., ",1.,") ,; [,,~~~: ~i!k/~" ,: ,,~ .il "~,,;;~~,,;,,' '~~~~ '~";I ~f' ., ,
~A 1 Additional set if located in the Bayshore/Gateway Triangle >!~
Redevelopment Area)
~ 1 Additional set for School Board Review (if contains residential components) /'-....,
Copies of detailed description of why amendment is necessary ~ )(
Completed Application (download from website for current form) ~ XJ
. PUD Document & Conceptual Site Plan 24" x 36" and One 8 Y2" x 11 n copy [Q X
Revised Conceptual Site Plan 24" x 36nand One 8 Y:2' x 11" copy "2 )(
Original PUD dOOJment and Master Plan 24" x 36" r X
. ONLY IF AMENDING THE PUD 1-'--
Revised PUD dOOJment with changes crossed thru & underlined \ Z 'I-..
Revised PUD document w / amended Title page w /ord #'s, LDC 10,,02. 13.A.2 \f2d ~
Deeds/Legal's & Survey (if boundary of original PUD is amended) 3 X
List identifying Owner & all parties of corporation 2 X
Owner/Affidavit signed & notarized 2 X
Covenant of Unified Control 2 X
Completed Addressing checklist 2 X
Environmental Impact Statement (EIS) * or exemption justification 2 ><
Digital/electronic copy of EIS 1 ,)<
Historical Surveyor waiver request 4 K
Utility Provisions Statement w /sketches 4 )(
Architectural rendering of proposed structures 4 K
Survey, signed & sealed ~ 4
Traffic Impact Statement (TIS) or waiver (with applicable fees) It I ~ .4.,v';;(10b47~). 7 ';>< ~
Copy of Traffic Impact Statement (TIS) on CDROM , 3 'K
Aerial photographs (taken within the previous 12 months min. scaled 1"=200'), )(
showing FLUCCS Codes, Legend, and project boundary 5
Electronic copy of all documents in Word format and plans (CDRom or Diskette) ~, '^"
Justification/Rationale for the Deviations (must be on a separate sheet within the D , X
application material; DO NOT include it in tbal'UD ts)
Copies of Official Interpretations and/or ~oning/'yerifications ) 1 ?<-
'-- --
Packet Page -1433-
...
Coli, County
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOEDRWE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
:i;?tlf""." . '<"'."'-", .~"', ~ - }"'i111i~l!t,~~~t~~~i~~,~~~!:~:f'
o EDC "Fast Track" must submit approved copy of official
application
o Affordable Housing "Expedited" must submit copy of signed
Certificate of Agreement.
**If project includes an Affordable Housing component, you are required to schedul
a meeting before the Affordable Housing Advisory Committee by contacting the
Collier Coun Housing and Human Services De artment at 239-252-2273.
2
\ v:~n If located in RFMU (Rural FrinQe Mixed Use) Receivina Land Areas
\1 fJ Applicant must contact Mr. Gerry J. Lacavera, State of Florida
Division of Forestry @ 239-690-3500 for information regarding
"Wildfire Mitigation & Prevention Plan", LDC Section 2.03.0B.A.2.a.(b)i.c.
If located within 1 mile of C-
bin Singer, Planning Director
City of Naples
295 Riverside Circle, Naples, FL
e to:
Fees:
34102
o $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof)
b] $8,000 (PUD to PUD) + $25 per acre (or fraction thereof)
)2IJ $6,000 (PUO Amendme~+ nH pee ace. ac fc'k0' v(lr~~ , 12)
$150.00 Fire Code Review / $100 for PUDZ-A '1 VM 11 tiJt' I/"
$2,250.00 Comprehensive Planning Consistency Review I {lttV J--A
$500.00 Pre-application fee
(Applications submitted 9 months or more affer the date of the last pre-app meeting shall not be
credited towards application fees and a new pre-application meeting will be required.
$925.00 Legal Advertising Fee for CCPC meeting
$500.00 Legal Advertising Fee for BeC meeting
(advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News).
Application Fee:
~
o
~
~
~
D~ $2500.00 Environmental Impact Statement review fee
Q o/f\$l 000.00 Listed or Protected Species survey review fee (when an EIS is not required)
Xl Property Owner Notification fees. Property Owner Notifications
\. $1.50 Non-certified; $3.00 Certified return receipt mail
(to be paid after receipt of invoice from Dept. of Zoning & Development Review)
Attach a Se arate Check for Trans ortation Fees (Refer;. /!Xh'bit A):
o 500.00 Methodology Review Fee, if required 10 ~
*Additional Fees to be determined at Methodology ee ng
Fee Total $
PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW:
C t h Id b f d d t h PI h
ommen S S ou e OllNar e o t e anner prIor to t e due date
SCHOOL DISTRICT PARKS & REC - Sid Kittila
SUPERVISOR OF ELECTIONS City of Naples - Robin Singer
DRlEM1 - EMER. MGMT - Jim Von Rinteln IMMOKALEE WATER/SEWER DISTRICT
CDES Coordinator - Route Sheet Only Utilities Engineering - Zamira Deltoro K
Packet Page -1434-
..
Colffer County
-- ~ --.ai
2/22/2011 Item 17.A.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
_WWW.COLLlERGOV.NET-.-.---.- ---- .--
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252:'6358
;,':~A~~_\f;iJ:;~~tt,i;~~> ~l~,;, ,-~k;:c;;~i-~;__pl(~~g:t'A~rjfjr~f!Q~;RE,:9q!ff.1Wg~j~ltj.>,:&J:1~2jt3~Q~7f?~;~~~~~~~":' ,;:; ,~t\~~~U%{~~~:.~,-,,~~'
Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and
comment on the application and before the Public Hearing is scheduled with the Planning Commission.
Written notice of the meeting shall be sent to all property owners who are required to receive legal notification
from the County pursuant to Section 1 0.03.05.B.8.
Notification shall also be sent to property owners, condominium and civic associations whose members are
impacted by the proposed land use change and who have formally requested the County to be notified.
A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the
Zoning Department an~ the Office of the Board of County Commissioners no less than ten (10) days prior to the
scheduled date of the NIM.
The applicant must make arrangements for the location of the meeting. The location must be reasonably
convenient to those property owners who are required to receive notice and the facilities must be of sufficient
size to accommodate expected attendance.
The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices
and classified advertisements appear stating the purpose, location, time of the meeting and legible site location
map of the property for which the zoning change is being requested. The display advertisement must be one-
fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in
the County at least seven (7) days prior to, but no sooner than five (5) days before, the NJM.
The Collier County staff planner assigned to the project must attend the NlM and shall serve as the facilitator of
the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject
property.
The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the
Zoning Department.
As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to
writing and made a part of the record of the proceedings provided to the Zoning Department. These written
commitments will be made a part of the staff report of the County's review and approval bodies and made a
part of the consideration for inclusion in the conditions of approval.
--'11~;"",'O!~~~~~g~R~:~:~g~~~R~~:~~g~~,~~~&fi\l~~~({I$.:~~'V>~!;;:~~:~~~';~j;",,;;?;~'_~lY?,:~'):e!~~;,
Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall
record in the Public Records of Collier County a Memorandum of Understanding of Developer Commifn:1ents or
Notice of Developer Commitments that contains the legal description of the property that is the subject of the
land use petition and contains each and every commitment of the owner or developer specified in
the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the
recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided
to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said
Me(l1orandum or Notice.
Packet Page -1435-
. ,
2/22/2011 Item 17.A.
SECTION III
PLATTED LEL Y BAREFOOT BEACH UNIT #1
BLOCKS A THROUGH K
LOW DENSITY SINGLE FAMILY RESIDENTIAL
3.1 PURPOSE
The purpose of this Section is to set forth development regulations applicable to Platted
Le1y Barefoot Beach Unit #1, Blocks A through K.
3.2 MAXIMUM DWELLING UNITS
A maximum of 9+106 single family homesites may be constructed within platted Le1y
Barefoot Beach Unit #1. Blocks A through K.
3.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used, or land used, in
whole or part, for other than the following:
A. Principal Uses
Single Family Residences: Individual homesites may consist of single platted lots,
multiple lots and/or fractions of adjoining lots.
B. Accessory Uses:
(1) Customary accessory uses and structures, including private garages.
(2) Signs as permitted in section 8.31 of Ordinance 82.-2.
594200 "_04 \ J 15783,0001
PacketPage-1436-
2/22/2011 Item 17.A.
SECTION Xli
TRACT: LEL Y BEACH SOUTH
13.1 PURPOSE
The purpose of this Section is to establish development regulations for the
areas designated on Exhibit !lA" as Tracts Lely Beach South: low to mid-
rise, single or multi-family residential.
13.2 SITE PLAN FOR REVISED TRACT
The Lely Beach South site plan (Exhibit D) prepared by Coastal
Engineering Consultants shall be considered the conceptual site plan for
this tract. The site plan depicts development corridors (fixed),
preservation areas (fixed), Lely Beach Boulevard (fixed), and
development foot prints (flexible with respect to building location and
alignment within development corridor, unit type and distribution, and
number of floors, provided that the specific tract and corridor
development conditions are met).
SUB AREAS WITHIN LEL Y BEACH SOUTH
Lely Beach South has been divided into eight sub-areas; four development
corridors labeled DC-I through DC-4 on the Lely Beach South site plan
and four preservations areas as labeled. These sub-areas restrict
development to specific corridors based on island characteristics and
prohibit development elsewhere. Their purpose is to maximize retention
restoration of native
594200 v_05 \ 1] 5783.0001
Packet Page -1437-
2/22/2011 Item 17.A.
coastal barrier habitats and to provide for storm surgelbreacbment
channels.
13.3 SITE PLAN APPROVAL REQUIREMENTS
A. Site plan approval shall be in accordance with Section 2.6, 2.7 and Section XX
B. An entire development corridor is to be developed as a unified project and may not
be fractionalized.
13.4 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered, or used,
or land used, in whole or part, for other than following:
A. Principal Uses:
1. Detached single family residences.
2. Attached single family residences such as villas, zero 10tIine homes, cluster
homes, townhouses, etc.
3. Two family residences.
4. Multiple family residences.
5. Common recreational areas.
B. Accessory Uses:
1. Customary uses and structures.
2. Signs as permitted as per zoning ordinance in effect at the time permits are
required or requested.
594200 v_05 \ 115783,0001
Packet Page -1438-
..
2/22/2011 Item 17.A.
3. Model dwelling units shall be permitted in conjunction with the promotion of
the project. Such model dwelling units shall be converted to privately owned
dwelling units at the end of a two-year period unless otherwise specifically
approved by the County.
13.5 MAXIMUM PERMITTED DWELLING UNITS
DC-I eQ45
DC-2 15
DC-3 12
OC-4 10
TOTAL 9+82
The maximum number of dwelling units permitted on individual corridors
may not be increased. Dwelling. units may be transferred to Tracts H and
I.
13.6 REGULATIONS
13.6.1 GENERAL: All yards, setbacks, etc. shall be in
relation to the individual tract or parcel boundaries.
13.6.2 MINIMUM YARDS
A. Yards which abut Lely Beach Boulevard: 25 feet right-of-way. Required yards
abutting Lely Beach Boulevard are also easements within which utilities, walkways,
etc. may be installed.
594200"_05 \ 1 ]5783,000]
PacketPage-1439-
2/22/2011 Item 17.A.
.,iliHJSi:
I, Gene Windfeldt, President, Barefoot Beach Property Owners Association, Inc., being first duly
sworn, depose and say that I am the President of the duly authorized property owners association
for the property commonly known as Lely Barefoot Beach Unit 1 of Blocks A-K per attached
Exhibit "A" which is the subject matter of the proposed hearing; that all the answers to the
questions in this application, including the disclosure of interest information, all sketches, data,
and other supplementary matter attached to and made a part of this application, are honest and
true to the best of my knowledge and belief. I understand that the information requested on this
,application must be complete and accurate and that the content of this form, whether computer
generated or County printed shall not be altered. Public hearings will not be advertised until this
application is deemed complete, and all required information has been submitted.
The Barefoot Beach Property Owners Association, Inc. further authorizes R. Bruce Anderson of
Roetzel & Andress. LP A to act as our representative in any matters regarding this Petition.
By: _____
ene Windfeldt, President
State of H N
County of 5-\-cavnS
The foregoing instrument was acknowledged before me this 28 day of Jl~ VI e ,
2010, by Gene Windfeldt, as President of Barefoot Beach Property Owners Association, Inc., a
Florida corporation not-for-profit, Gene Windfeldt is personally known to me or has produced
as identification.
Z
(Signature 0 Notary Public - State 0 ~
HEIDI M. KORVER
NOTARY PUBUC. MINNESOTA
STEARNS COUNTY
, as Jan. 31, 2015,'
~. eel
Name of Notary Public)
project#: PUDA-PL-2009-742 Rev: 6H
Project Name: LEL Y BAREFOOT SEA
Date: 8/4/10
DUE: 9/1/10
593811 v_OI \ 115783,0001
Packet Page -1440-
2/22/2011 Item 17.A.
COVENANT OF UNIFIED CONTROL
The undersigned does hereby swear or affirm that he is the president of the Barefoot Beach Property O'Wllers Association,
Inc., the duly authorized property O'Wllers association for the property commonly knO'Wll as:
Lely Barefoot Beach Unit 1 Bloc:ks A-K as recorded in Plat Book 12, Pages 34-37, Official Records of
Collier County, Florida.
The property descnbed herein is the subject of an application for the Lely Barefoot Beach Planned Unit Development
Amendment. We hereby designate R. Bruce Anderson. Attornev. of Roetzel & Andress. LP A. legal representatives
thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners
of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to,
the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to
obtain zoning approval on the site. These property O'Wllers and the representatives will remain the only entities to authorize
development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier
County.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project:
1.
The property will be developed and used in conformity with the approved master plan including all conditions placed
on the development and all commitments agreed to by the applicant in connection with the planned unit development
rezoning.
A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or
safeguards provided for in the planned unit development process will constitute a violation of the Land Development
Code.
So long as tbis covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development as pertaining to Lely Barefoot Beach Unit 1 Blocks A-K,
seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to
occupy or use any part of the planned unit development and the County may stop ongoing construction activity until
the project is brought into compliance with all teTms, conditions and safeguards of the planned unit development.
") . .
" ope O'Wllers ASSOCIation, Inc.
ti6 not-for-profit
..1
2.
3.
By:
STATE OF MN
COID.T"fY OF "")-\-carV\S
'70tt) I
Sworn to (or affirmed) and subscnbed before me this LV day of ......Ju. r) e ,2010 by Gene Windfeldt,
as President of Barefoot Beach Property Owners Association, Inc., a Florida corporation not-for-profit, who is personally
known to me or has p""luced as identification. ~t~v
Notary blic
HEIDI M. KORVER
NOTARY PUBLIC. MINNESOTA
STEARNS ~OUNTY
My Commission Expires Jan. 31, 2015
(Name ~rinteil or ~
stamped) . t:idi- H OIV<:"f"
(Serial Number, ifany)
Project #: PUDA-PL-2009-742 Rev: bH
Project Name: LEL Y BAREFOOT SEA
Date: 8/4/10
DUE: 9/1/10
::ODMAIPCDOCS\NAPLES\593813\2
593813 v_02 \ 115783,0001
Packet Page -1441-
2/22/2011 Item 17.A.
This Instrument prepared
"1thout opinion of title by,
and after recording return to:
Daniel K. Weidenbmch, Esquire
Roetzel & Andress, a Legal Professional Association
850 Park Shore Drive
Trianon Centre, Third Floor
Naples, Florida 34103
(239) 649-6200
INSTR 4420565 OR 4556 PG 2671
RECORDED 4/21/2010 3:06 PM PAGES 3
DWIGHT E. BROCK RT
COLLIER COUNTY CLERK OF THE CIRCUIT COU
REC $27,00
proJect#: PUDA-PL-2009-742 Rev: 1
Project Name: LEL Y BAREFOOT BEACH
Date: 8/4/10
DUE: 9/1/10
(Space above this line is for recording data)
ASSIGNMENT OF DENSITY RIGHTS
This Assignment of Density Rights is entered into this _ day of ,2009, by
and between Lely Development Corporation, a Texas corporation ("Lely"), and Barefoot Beach
Property Owners Association, Inc., a Florida not-for-profit corporation (the "POA"),
WIT N E SSE T H:
WHEREAS, Lely is the original developer of that certain residential community located in Collier
County, Florida commonly referred to as Barefoot Beach ("Barefoot Beach'');
WHEREAS, Barefoot Beach "rag developed by Lely pursuant to that certain Planned Unit
Development approved by the Collier County Commissioners on September 27, 1977 pursuant to
Ordinance 77-48, as subsequently amended by Ordinance Numbers 85-21, 85-83, 87-53, 88-63, 94-28, 01-
35 and 06-22 (collectively, the "PUD");
'WHEREAS, the POA is a homeo\vners' association which governs all of Lely Barefoot Beach Unit
One, according to the plat thereof recorded at Plat Book 12, Pages 34 through 37, as well as Lely Barefoot
Beach Unit Two, according to the plat thereof recorded at Plat Book 15, Pages 71 and 72, both of the
Public Records of Collier County, Florida (collectively, the "POA Property"); and
WHEREAS, the POA is desirous of amending the PUD to increase the maximum project density
allocated to the POA Property and has requested that Lely assign to the POA certain remaining residential
dwelling units available under the PUD, to which Lely has agreed.
NOW, THEREFORE, for the Sun1 of Ten and OO/lOOths Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which the parties mutually acknowledge: the parties
covenant and agree as follows:
1, Recitals. The foregoing recitals are true and correct and are incorporated by reference as
if fully set forth herein.
2, Assignment of Residential Dwelling Units. LeIy hereby grants, bargains, sells, assigns,
traD.sfers, sets over and delivers unto the POA, its successors and assigns, all of Lely's right, title, benefit,
1
Packet Page -1442-
2/22/2011 Item 17.A.
units allocated to that portion of "Lely Beach South" more particularly described as "DC-I" under the PUD
(collectively, the "AssigDed UBia"). By execution hereo~ the POA accepts the foregoing assignment of
the Assigned Units.
3. Cooperation with Respect to PUD Amendment LeIy acknowledges that this Assignment is
being made in connection with the POA's anticipated SUPf'lOdnart to the PUD. Accordingly, Lely agrees to
coope,rate (at no expense to Lely) with the POA .in connection with the POD amendment which shall
include, without limitation, the execution of further documentation as may be reasonably required to cany
out the intent of this Assignment
4. Inde.mnity. The POA agrees to indemnify and bold Lely hannless from and against any
claims, expenses and liabilities which may arise or accme as a resuJt of this ,assignment including. without
limitation, attorneys' fees and costs of defense at all levels including pre-suit and all appeals.
5. Binding: Effid:: Cmmtcmarts: Electronic Si~1feS. It is the intention of1he parties that
the obligations imposed herein shall be binding on the successors and assigns of the parties hereto. This
Assignment may be executed in one or more counterparts each which, when compiled together, shall
constitute one original. Facsimile, email or other electronically 1ransmitted signatures shall be binding upon
the parties as originals.
6. Recording. The POA shall have the right, in its sole and absolute discretion, to record this
Assignment in the Public Records of Collier County, Florida.
WTINESSES:
"T .m Y":
.
~ ~ fJLJ(~~
(Print Name: ~: \__ <...0. \~ -j
Q~7i' ~g
(print Name: ~ /.D ~FF )
STA TE OF FLORIDA
COUNTYOF G({ iQr
)
)
)
The foregoing instrument was acknowledged before me this ..8.- of ~~ \or . 2009,
by Joseph Boff, as President of Lely Development Corporation, a Texas corporation, who ( Y1S personally
known to me or ( ) has produced as identification.
(SEAL)
TER' L. WIlSON
'Go NotaIy PUIIIIo . State of Florida
, J My CommIssIon &,Ires Mar 7. 2012
CommisaIon , DO 747S75
BGIllIIdlhrough NaIaReI NalIIy AaD.
~~~ ~~
NOTARY PUBUCt STATE OF FLORIDA
Print Name: -:rQ V-l l (Dr \ 5d"\---"
My Commission Expires:
Page 2
Packet Page -1443-
2/22/2011 Item 17.A.
V\T]TNESSES:
-
"POA":
~-L('~ ~k-
(print ame: Karen CO)
~(:r/;Jd 1k~
rint Name: JelI8leA L.
,
By:
STATE OF A/1M ~~ )
d )8S.
COUNTI OF 0A Gt' eIC- )
The foregoing instrument was aclmowledged before me this cQD of ,~J , 2010.
by Gene Windfeldt., as President of Barefoot Beach Property O\vners AssocIation, Inc., a Florida
corporation, 'who tA, is personally lmown to me or ( ) has produced
as identification. __n.__
( SEAL)
~<~ ,{J-huo-
NOTAR PUBLIC. sTATE OF FLORIDA
Print Name: Karen Schoch
My Commission Expires:
Page 3
Packet Page -1444-
2/22/2011 Item 17.A.
CERTIFICATE OF RESOLUTION
The undersigned, being the secretary of The Cottages at Barefoot Condominium
Association, Inc., a Florida not-for-profit corporation (the "Association"), hereby certifies that
the Association's acknowledgement to that certain Assignment of Density :Rights entered into by
and between Lely Development Corporation, a Texas corporation, and Barefoot Beach Property
Owners Association, Inc., a Florida not-for-profit corporation, was approved and adopted by the
requisite number of Directors at a duly called meeting of the Board of Directors of the
Association at which a quorum was present.
IN WIlNESS WHEREOF, the undersigned has hereunto set their hand as of this _
day of 1ff1,f{'/-f e:J.&, ,20aIJ.
It)
THE COTTAGES AT BAREFOOT
CONDOMINIUM ASSOCIATION, INC.,
a Florida not-for-profit corporation
~~.~
Print ame: ~!...It ~ 1/ tI..safie/...BJ'j~1I-
Title: Secretary~.A ~ ll~~
606273 v_DI \ 115783.0024
j)~~.i I;; J k-.- ,iJ~.e-d'J
,~, ~ L-~~ -t ~
NOTARY PUllUC-8TATE OF FLORIDA
,t........,""..- Kim E. Silvis
i_ ~Commission #DD813460
'\..,......,..:0 Expires: SEP. 24, 2012
BONDED TBR:7 4lUNT1C BONDING co., me.
4Z:~.
1of,ir ~
~.r;.x- r JA~~,....
PacketPage-144S-
2/22/2011 Item 17.A.
... ".II ' .,
CERTIFICATE OF RESOLUTION
The undersigned, being the secretary of Barefoot Beach Master Association, Inc., a
Florida not-for-profit corporation (the "Association"), hereby certifies that the Association~s
acknowledgement to that certain Assignment of Density Rights entered into by and between Lely
Development Corporation, a Texas corporation, and Barefoot Beach Property Owners
Association, Inc., a Florida not-for-profit corporation, was approved and adopted by the requisite
number of Directors at a duly called meeting of the Board of Directors of the Association at
which a quorum was present.
IN WITNESS WHEREOF~ the undersigned has hereunto set their hand as of this U1J\
day of 7) t" t l'J'1'lbt'f ,2009.
BAREFOOT BEACH MASTER
ASSOCIATION, INC.,
a,~l~da ,~~ot_for_pro~ irporation
:'. /);:? /( :A--
~tName: ~c:. t3 t~e /~'?"
Title: Secretary v
606274 v _01 \ 115783.0024
Packet Page -1446-
Oa<e, 5/~/a010 ~~mel 4,30 FM TOJ ~ 252572~
llU N2.Pl~$ "'a~
2/22/2011 Item 17.A.
'13___ _
COLLlE:R COUNTY GO'VE;RNMENT
ADDRESSING OEPARTMeNT
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
,
~
Please complElte the following anti fane to the Addressing Department at 239-25.2.5724 or submit In person to the
Addressing Department at the above eddl'e$$. Form mu&t be slaned bv Addreull'Jo Oersonnel prior to ore-.sDoflcatlon
meetina. D1ease allow 3 days for D1'Ocess/na.
Not all lIems will apply to every project. Items In bold typ@ are required. Forms older than 6 months wDl requIre
additional review and approval by the Addressing D$partment.
PETmON TYPE (check peti#on type bGlow. oomplete e separate Addres.sing CheckTlst for each PetIt'on Type)
o BL (Blasting PermIt)
o 8D (Boet Dock Extension)
o Camlval/Circus Permit
o CU (Conditional Use)
o EXP (Excavatlon Pennit)
o FP (Final Plat
o LLA (Lot Line Adjus1ment)
o PNC (Project Name Chal'lge)
o PPL (Plans & Plat Review)
o PSP (Preliminary SubdiVision Plat)
o PUD Rezo/'Je
o RZ (Standard Rezone)
DSDP (Site Development Flan)
o SDFA (SDP AmElr'ldrnent)
o SDPI {Insubstantial Change to SOP)
o SIP {Site Improvement Plan)
o SIPI (Insubstantial Change to SIP)
D SNR (st:reet Name Change)
o SNC (Street Name Change - Unplatted)
o TOR (Transfer of Development Rights)
o VA (Variance)
o VRP (Vegetation Removal Permit)
o VRSFP (Vegetation Removal & Site FiJI Permit)
@ OTHERLFUD Amendment_
~..
LEGAL DESCRIPTrON of sUbject property or properties (copy of lengthy desoripfion mey be ~tf8ohed)
QRACT R)JR 1308 PG 231 6-48-25 LELY BAREFOOT BEACH UNIT 1 g,\~ A-I<
FOLIO (Property ID) NUi\IlElER{s) of abcve (attach to. or associate with. legal c!esc:rfption if more than one)
54750201008
STREET ADDRESS or ADDRESSES (as applicable, if sJ/'fi!!ady 8ssfgned)
'llSJBAREFOOT BEACH BOULEVARD, NAPLES, FL34113-3347
.. LOCATION II/iAP must be attached showing exact location of project/site In relatIon to nearest public road right-of-way
· SURVEY (copy - needed only fur unplatted properties)
PROPOSED PROJECT NAME (If applicable)
LEL Y BAREFOOT BEACH
PROPOSED STREET NAMES (ifappHcable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
SDP or AR#
Project#: PUDA-PL-2009-742 Rev: 1
Project Name: LEL Y BAREFOOT BEACH
Date: 8/4/10
DUE: 9/1/10
Packet Page -1447-
2/22/2011 Item 17.A.
AODRESSING CHECKLIST - PAGE TWO
Project or development names proposed for, or already appearing in, condomInium document$ (if application; indicate
whether prop05ed or existing)
..-. ...-..- .~..~
--, ..~
Please Check one: 18I Checklist is to be Faxed back 0 Personally PIcked Up
~
APPLTCANT NAME: R. BRUCE ANDERSO~:
PHONE (239) 649-2708 ~) 261-3569 .'"
Signature on Addressing Checklist does not constitUte Project and/or Street Name approval and is
sobject to further revie.w by the Addressing Department.
FOR STAFF USE ONLY
Priml4ry Humber S-~ ~ ~d .fo\~ (> ~~
Address Number
...... "-'':'.~:. ~
"
Address Number
. .
Add1'e$$ Number
Approved by:........Un.~
Updated by:
m cs-K.Q rv"'I
Dam: 5 - 'f f -- 10
Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Page 2 0(2
Packet Page -1448-
S uIxiv Nb! SibMlm!!alns 2/22/2011 Item 17.A.
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Packet Page -1450-
2/22/2011 Item 17.A.
850... l~"""" v..........,......... _.,... r....
A LEGAL PROFESSIONAL ASSOCIATION
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL 34103
239,649.2708 DIRECT
239.649.6200 MAIN
239.261.3659 FAX
banderson@ra1aw.com
www.ralaw.com
I__&)ANDRESS II
July 19, 2010
Collier County Transportation Planning
Collier County
2885 Horseshoe Drive South
Naples, FL 34104
Re: Lely Barefoot Beach PUD Amendment - Request for Waiver of Traffic
I mpact Statement
To Whom It May Concern:
As discussed in the pre-application meeting held on May 18, 2010, this letter is to
request waiver of providing a Traffic Impact Statement (TIS).
The rationale for the waiver is that purpose of the PUD Amendment is merely the
relocation of approved unbuilt density from one developed area of the PUD to another
partially developed platted area in the PUD.
Thank you.
Sincerely,
1:... Y)(V(..u--~&-ta.-(/,.~
R. Bruce Anderson
For the Firm
RBAlca
cc: G. Windfeldt, Barefoot Beach Property Owners Association, Inc.
Project#: PUDA-PL-2009-742 Rev: 1
Project Name: LEL Y BAREFOOT BEACH
Date: 8/4/10
DUE: 9/1/10
NEW YORK CLEVELAND
WASHINGTON, D.C. TAllAHASSEE
622318 v_Ol \ 115783.0024
TOLEDO
ORlANDO
AKRON
FORT MYERS
COLUMBUS
NAPLES
CINCJNNA 11
FORT LAUDERDALE
Packet Page -1451-
2/22/2011 Item 17.A.
Cotty County
Community Development &
Environmental Services Division
Zoning & Land Development Review
April30J 2009
Project #: PUDA-PL-2009-742 Rev: 1
Project Name: LEL Y BAREFOOT BEACH
Date: S/4/10
DUE: 9/1/10
Mr. Daniel K.. Weidenbruc~ Esquire
Roe1zel & .Andress, LP A
850 Park Shore Drive
Naples, FL 34103
Re: Zoning Verification Letter ZLTR-2009-AR-14316, regarding Lely Barefoot
Beach PUD (Ordinances 7748, 85-21J 85-83 and 06-22)
Dear Mr. Weidenbruch:
In your application dated March 13, 2009 J you ask: the following questions regarding the
PUD density and the amount ofunbuilt residential dwelling units in Barefoot Beach
PUD:
1. Excluding the density allocated for Lely Barefoot Beach Unit One (Blocks A
through K), what is the remaining available [Le. "unused") density for the
residential dwelling units within Barefoot Beach, a Planned Unit Development,
pursuant to Ordinance 77-48, as amended by Ordinances 85-21, 85-83 and 06-22
(collectively the "POO")?
The density for Barefoot Beach PUD is stated in Ordinance 87-53. which is 2.25 DUA
(dwelling units per acre). The maximum number of approved units within this PUD is
750 units.
Per the attached "Lely Barefoot Beach PUD Analysis of Density." dated 06/18/08, the
number of dwelling units built are: 294 units. This analysis includes Lely Barefoot
Beach Unit One (Blocks A through K) which has 91 built units.
However, the number 294 does not include the number of dwelling tmits in Lely Barefoot
Beach Clubs as they did not participate in the analysis. Further research by Staff reveals
that Lely Barefoot Clubs 1-4 have 348 units as shown below:
2800 North Horseshoe Drive. Naples, FL 34104 0 239-252-2400 . Fax 239-643-6968 . www.colliergov.net
Packet Page -1452-
2/22/2011 Item 17.A.
Letter to Mr. Daniel K. Weidenbruch, Esquire
RE: Barefoot BeaCh PUD Zoning Verification Letter
h~2~3 '
Lely Barefoot Beach Club 1: 82 units
Lely Barefoot Beach Club 2: 126 units
Lely Barefoot Beach Club 3: 92 units
Lelv Barefoot Beach Club 1: 48 units
Subtotal: 348 units
Based upon the research above, Lely Barefoot Beach PUD has a total of 642 (294 units +
348) built units. Therefore, there are 108 unbuilt residential dwelling units remsining.
2. What is the remaining available density for residential dwelling units allocated to
Lely Barefoot Beach Unit One (Blocks A through K) pursuant to the POO?
The density for Barefoot Beach PUD is stated in Ordinance 87-53, which is 2.25 DUA
(dwelling units per acre).
As shown on the attached "Lely Barefoot Beach PUD - Analysis of Density," there are 91
home sites built on 136 lots and no remRlnlTlf dwelling units to be built in Lely Barefoot
Beach Unit One.
Please be advised that the information presented. in this verification letter is based upon
the information currently available and on the Collier County Land Development Code
and/or Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s) to either of these documents could affect the validity of this verification
letter. It is also possible that development of the subject property could be affected by
other issues not addressed in this letter, such as, but not limited to, concurrency related to
the provision of adequate public facilities, environmental impact, and other requirements
of the Collier County Land Development Code or related ordinances.
Packet Page -1453-
2/22/2011 Item 17.A.
I .
Letter to Mr. Daniel K Weiderbruch, Esquire
RE: Barefoot Beach PUD Zoning Verification Letter
Page 3 of 3
Should you require further information please do not hesitate to call me at (239) 252-
2484.
Researched and prepared by:
Reviewed by:
~
~ows
Principal Planner
Department of Zoning and
Land Development Review
Manager
Department of Zoning and
Land Development Review
c: Susan Istenes~ Zoning Director. Zoning and Land Development Review
Peggy Jarrell. Addressing Section
ZL TR -2009-AR-14316 (correspondence file)
Packet Page -1454-
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2/22/2011 Item 17.A.
Lely Barefoot Beach PUD - Analysis of Density
DS/18108 PnlpIIred by:MEuyim Dewnas
TRACT Gardens POA"
aka LeIy Barsroot Beach Unit "
91 138 Jo!s but: 91 home lIiIBs
wrifled bv POA ITIBI'l8g8f, Nancy CJ zm.947-Ge90
TRACT VIllas
50 Appcuved and btft 50 vIIIaa
V8rifi8d by POA l1'l8l'l8g!lr, MIIc8 0'0eI 0 211307571
TRACT I Bayfnmt DrIve
aka Bayfront Gan:lens HOA
23 Single FamDy home sites . 3 sites vacant
, .
variIled by POA managar, Nib 0'0eB @ 216-7571
Bayslde
11 Home sbs (includes Tract J) -4 vacant
verified by HOA PI~ Gary GNp 419-466-4307
104 LoIs pla1fed, B9101s wllmmes 15 undsYeIoped
verified by R & P Management 843-3353 PaI:tI
TRACT H Soutbport on fbe Bay
LeIy Barefoot Beach Clubs 1~
Condo Units
Condos In 12 buildings
J.
Club, at Barefoot Beach
o Just a Club House
verified by Kim 992-0024
15 Approved and Built 15
Cottages
aka Lely Beach South
verified by HOA Ex -Presidant Rich Manftidi 495-5733
294
Max 750 D.U. authorized pef Ord. 87-53'
Barefoot. Beach Master ~I
contact Grahtn NoTOl)l1'l$ 282-6051 ll302
or 398-5100
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2/22/2011 Item 17.A.
t8D · .Sunday,February 6, 2011 · Naplel,Daily Ne..
, ", ' " , NonCE OF INTENT TO ~ONSIDER C?R~INANCE ,', '
, N6i,ce ,isher~by lliven ~, on Tuesday, Februiry,22, 2im, in the B,oardr6om, 3rd
Floor. Ad",lnistration 'Building, Collier' County Government Center, 3299 East Ta-
miami Trail, Naples; :fIOrida, the.Board of County ,Commissioners will conSider the
enactment of a County ordinance. The ,meeting will cOmmerice at !i:Qj> A.M. The
title of the proposed Ordinance Is as follOWs:' : ' , "~.' , . '" . , -'
", .. .. . ~ I I' .. ,"Y" ;"
AN, ORDINANCE OF 'THE BOARD.'Oi:, COUNTY COMMISSIONERS of, !COWER COU-
NTY. ,FLORIDA. AMENDING ORDINANCE NO. 8S-83. AN ORDINANCE AMENDING
NO., B5-21, ....WHICH AMENDED NO.77-48, THE LELY, BAR~FOOT BEACtl PLANNED
,UNITDEVELuPMENT (PUD) BY AMENDING , ,", ,.' " , '",
,THE Tm.E PAGE; BY AMENDING SECTION 3.2 TO INCREASE THE, ,
MAXIMUM DWELLING UNITS WITHIN ,BLOCKS A THROUGHK OF BAREFOOT
BEACH UNIT I' BY 15 UNITS; BY AMENDING SECTION 13.5 TO '
, DECREASE THE MAXIMUM DWELLING UNITS WITHIN DEVELOPMENT
CORRIDOR DC-' OF'LELY BAREFOOT BEACH SOUTH BY 1S UNITS; AND BY PRO-
VIDING AN EFFECTIVE DATE. .
Petition: PUDA-PL2009-742, Barefoot' Beach Property Owners, Association,' Ine., repo.
,resented by R. Brucel~nderson; E~uire of RoetzeJ,& Andress, L.PA, is requesti"g
an ' amelidmentto the Lely Barefoot Seach PUD. adopted in Ordinance 'No. 85-83.
to relocate approved, unbullt dwelling' units from' area DC-1 "The .C!)ttages at Bare-
foot Beach-, to ~It SarefOot Beach Unit' One. 8Iocks,A.K.The sUbjectSi1:eis .located
on the south side, of Bonita Beach Road in Sections 50 6, 7, and ,8, 'Township 48
" ~~l1iir~~~fe, 25 fast, :9m~J.5ounty" Florida J':~rdinato:rncy ,~;~~d,la~. Prind;
Copies of thepr'QPosed Ordinan~', ar,on file with" the derk to' the BOard and are
availableforin:sJ:!ecti~n. ,"'::":' \': ,~'" ,:,' " '
'. NOTE: ", AlI.f"!rsOns wishing' to speak on anf' ag'enda item must register with the '
County adrlllnistrator prior to presentation 0 the agenda item to be addressed, In-
dividual speakers will'be limited to.,3 minutes on any item. The selection of an indi-
vidual to speak on behalf of an organization or group is encouraged. If recognized
by the Chairman. a 1pok,esperson for' a group or organization may be allotted 10
,minutes to speak, on ,an Item. : "
. '. ," ~;';". ~ . .' - .'
'.persOns wishing to hlive written or graphic materials included in the Board agenda
, packets must submit said ,l'naterial a minimum of 3 weeks prior to the 'respective
'. public 'hearing: In'any case. ,written materials intended to be considered by the
' 'Board shall be 'submitted to 1he appropriate County staff a minimum of seven da~
priClr to the lXI,blic hearing, All material use~ In presentations before the Board WIll
become a perrl'lanent part of the record. ' ' , ' ':'. '"
Any person who decides to appeal a decision of the Board will rieed a record of the
proceedings pertaining thereto and therefore. may. need to ensure that a verbatim
record of the proceeaings' is made. which record includes the' testimony and evi-
dence upon which the appeal is based. ' ,
If :you are a person withe ,disability who needs aAY accommodation In order to par-
tiapate in this proceeding; you are entitled, at no cost to'you, to the provision of
'certain assistance;' Please c~ntact the, Collier Col;lnty Facilities Ma, Nl,gem, ent Deeart-
" ment"located at 3301 Tamlami 1'railEast, Bulldmg W, Naples,FlorlQa34112, ,(239)
, 252-8380. Assisted listening devices, for the hearing Impaired are ,alllilable in the '
, ' County Commlssioners'Office; : ': "'.'
'BOARD OF COUNTY COMMISSIONERS
COLUER COUNTY,'fLORIDA
FRED COYLE; CHAIRMAN
DWIGHT E. BROCK, CLERK' ,
By: Martha Vergara. Deputy Clerk
(SEAL)
Februarv 6 2011
Nol886696
Packet Page -1461-