The URL can be used to link to this page

Agenda 09/11/2018 Item #17C09/11/2018 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance 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 Section 10.5.6 maximum building height for Tract I to increase the height from two habitable floors to three habitable floors; and by providing an effective date. The subject property known as Bayfront Gardens is located south of Bonita Beach Road in Section 6, Township 48 South, Range 25 East in Collier County, Florida. [PL20170004421] OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition, render a decision regarding this rezoning 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. CONSIDERATIONS: The subject property consists of Tract I in Bayfront Gardens and is located south of Bonita Beach Road in Section 6, Township 48 South, Range 25 East, Collier County. This petitioner seeks to amend Lely Barefoot Beach PUD, approved via Ordinance #77-48, by amending Section 10.5.6 maximum building height for Tract I to increase the height from two habitable floors to three habitable floors. 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 (CIE) of the Growth Management Plan (GMP) as needed to maintain an adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local devel opment 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 CCPC to analyze this petition. GROWTH MANAGEMENT IMPACT: Staff identified the FLUE policies relevant to this project and determined that the proposed amendment to the PUD may be deemed consistent with the FLUE of the GMP. The FLUE consistency review provides a more comprehensive analysis of how the proposed project is consistent with the relative objectives and policies of the GMP. In short, the proposed amendment to the PUD may be deemed consistent with the FLUE. Transportation Element: Transportation Planning staff reviewed the application and found this petition consistent with Policy 5.1 of the Transportation Element of the GMP. As indicated in the submittal the proposed PUD Amendment request is to allow three habitable floors on Tract 1 instead of the current limit of two habitable floors. Staff notes that the proposed change does not increase the number of dwelling units and does not generate additional new trips. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element (CCME): No revisions to the environmental portions of the PUD are being made. The petition is consistent with the applicable provisions of the Conservation 17.C Packet Pg. 2939 09/11/2018 and Coastal Management Element (CCME) of the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-PL20170004421 on July 19, 2018, and by a vote of 6 to 0 recommended to forward this petition to the Board with a recommendation of approval. The CCPC approval was unanimous. As such, this petition will be placed on Summary Agenda. The CCPC stipulations include required changes and additions to be added to the PUD: -A height limit of 70 feet. LEGAL CONSIDERATIONS: This is an amendment to the existing Lely Barefoot Beach Planned Unit Development PUD (Ordinance No. 77-48, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendme nt does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: 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. 2. Is there an adequacy of evidence of unified control and suitability of 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. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: 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. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: 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 17.C Packet Pg. 2940 09/11/2018 regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: 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. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as 17.C Packet Pg. 2941 09/11/2018 amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC, which is reflected in the attached Ordinance and recommends that the Board approve the applicant’s request to amend the PUD. Prepared by: Timothy Finn, AICP, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (PDF) 2. Revised Proposed Ordinance - 072718 - Attachment A (PDF) 3. FLUE Consistency Memo - Attachment B (PDF) 4. NIM Advertising - Attachment C (PDF) 5. [Linked] NIM Meeting - Presentation, transcript, sign-in sheet - Attachment D (PDF) 6. Secretary's Certficate As to Vote - Attachment E (PDF) 7. Correspondence - Attachment F (PDF) 8. Conservancy of Southwest Florida - No Objection letter - Attachment G (PDF) 9. [Linked] Application-Back-up (PDF) 10. Legal Ad - Agenda ID # 6300 (PDF) 17.C Packet Pg. 2942 09/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 6300 Item Summary: This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in . Recommendation to approve an Ordinance 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 Section 10.5.6 maximum building height for Tract I to incr ease the height from two habitable floors to three habitable floors; and by providing an effective date. The subject property known as Bayfront Gardens is located south of Bonita Beach Road in Section 6, Township 48 South, Range 25 East in Collier County, Florida. [PL20170004421] Meeting Date: 09/11/2018 Prepared by: Title: – Zoning Name: Tim Finn 08/06/2018 4:17 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 08/06/2018 4:17 PM Approved By: Review: Zoning Michael Bosi Additional Reviewer Completed 08/07/2018 8:17 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 08/07/2018 2:47 PM Zoning Ray Bellows Additional Reviewer Completed 08/08/2018 11:36 AM Growth Management Department James C French Deputy Department Head Review Completed 08/09/2018 11:02 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/09/2018 11:03 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/10/2018 11:41 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/10/2018 1:08 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/14/2018 11:18 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 08/21/2018 9:42 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/03/2018 6:13 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM 17.C Packet Pg. 2943 AGENDA ITEM 9-A 17.C.1 Packet Pg. 2944 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.1Packet Pg. 2945Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach 17.C.1 Packet Pg. 2946 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.1 Packet Pg. 2947 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.1 Packet Pg. 2948 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.1 Packet Pg. 2949 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.1 Packet Pg. 2950 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.1 Packet Pg. 2951 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.1 Packet Pg. 2952 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.1 Packet Pg. 2953 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.1 Packet Pg. 2954 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.1 Packet Pg. 2955 Attachment: Staff Report-PUDA-PL20170004421-Lely Barefoot Beach PUD (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.2 Packet Pg. 2956 Attachment: Revised Proposed Ordinance - 072718 - Attachment A (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.2 Packet Pg. 2957 Attachment: Revised Proposed Ordinance - 072718 - Attachment A (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.3 Packet Pg. 2958 Attachment: FLUE Consistency Memo - Attachment B (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.3 Packet Pg. 2959 Attachment: FLUE Consistency Memo - Attachment B (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4 Packet Pg. 2960 Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4 Packet Pg. 2961 Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4 Packet Pg. 2962 Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4Packet Pg. 2963Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4Packet Pg. 2964Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4Packet Pg. 2965Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4Packet Pg. 2966Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4Packet Pg. 2967Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4Packet Pg. 2968Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4Packet Pg. 2969Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4Packet Pg. 2970Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4Packet Pg. 2971Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4Packet Pg. 2972Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4 Packet Pg. 2973 Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.4 Packet Pg. 2974 Attachment: NIM Advertising - Attachment C (6300 : Lely Barefoot Beach PUD (PUDA)) 2320 First Street Suite 1000 Fort Myers, FL 33901 DIRECT DIAL 239.338.4213 PHONE 239.337.3850 FAX 239.337.0970 sspector@ralaw.com WWW.RALAW.COM June 6, 2018 Collier County Planning Services Growth Management Department 2800 Horseshoe Drive N. Naples, Florida 34104-6917 Re:Lely Barefoot Beach PUD Amendment Request (PL20170004421)/Neighborhood Information Meeting Summary Dear Ladies and Gentleman: Please accept this letter, together with its enclosures, as a summary of the Neighborhood Information Meeting relative to the Lely Barefoot Beach PUD Amendment Request (PL20170004421) (the “Request”), the details of which are as follows: Date:May 22, 2018 Time:5:30 P.M. Location:Club at Barefoot Beach 105 Shell Drive Bonita Springs, FL 34134 Handouts:See PowerPoint presentation attached hereto as Exhibit “A” Attendees:See sign-in sheet attached hereto as Exhibit “B” The following is a synopsis of questions asked and answered at the Neighborhood Information Meeting. Please see the meeting transcript attached hereto as Exhibit “C” for a full discussion. 1.Barry Stiger, 225 Bayfront Drive, Bonita Springs, FL 34134 Q: What is the side yard setback applicable to Tract H? A: 7 ½ feet or 1/2 the building height, whichever is greater. (Transcript Page 8, Line 11 through Page 11, Line 13) Collier County Planning Services Growth Management Department Page 2 2.Barry Stiger, 225 Bayfront Drive, Bonita Springs, FL 34134 Q: Are there other height restrictions set forth in the Lely Barefoot Beach PUD? A: Yes, there is a seventy foot (70’) height limitation imposed on Tract J by Ordinance 06- 22.1 (Transcript Page 11, Line 14 through Page 12, Line 15) 3.Barry Stiger, 225 Bayfront Drive, Bonita Springs, FL 34134 Q: Are Blocks A-K, Lely Barefoot Beach Unit One (PB 12, Pages 34-37) subject to the same height and setback restrictions as what is proposed for Bayfront Gardens? A: The maximum building height is three (3) stories and the side setback from adjacent properties is 7 ½ feet. (Transcript Page 14, Line 22 through Page 16, Line 3) 4.Susan Owens, 225 Bayfront Drive, Bonita Springs, FL 34134 Q: What is the next step in the process? A: Staff will prepare a report summarizing the request, which will include a recommendation regarding approval. There will be a public hearing before the Planning Commission. The Planning Commission will make a recommendation to the Board of County Commissioners whether to approve or disapprove the request. There will then be a public hearing before the Board of County Commissioners. (Transcript Page 16, Line 4 through Page 17, Line 7) 5.Barry Stiger, 225 Bayfront Drive, Bonita Springs, FL 34134 Q: Will the request prohibit a homeowners’ or condominium association from imposing additional restrictions relative to color and other design features? A: No. (Transcript Page 17, Line 7 through Page 17, Line 19) 1 I misspoke in response to this question, which was due to an oversight. Ordinance 85-83 provides that, as to the low density, single family residential section of Lely Barefoot Beach, the maximum height is “[t]wo stories above the minimum base flood elevation required by the floor [sic] elevations ordinance.” This was then amended by Ordinance 01-35 as follows: Two Three stories with a maximum highest point of roof to be 70-feet NGVD including decorative elements, but excluding chimneys. As you will note, the strikethrough/underline language indicates that only the number of stories was changed, and this was the only change I noted. However, it appears the remainder of the sentence was amended even though it is not shown in strikethrough/underline format. I have sent those who were in attendance at the Neighborhood Information Meeting an e-mail correcting my statement. A copy of this e-mail is attached hereto as Exhibit “D.” Collier County Planning Services Growth Management Department Page 3 In light of the support received from those in attendance, no commitments relative to the request were made to Timothy Finn, the assigned planner, at the Neighborhood Information Meeting. Very truly yours, ROETZEL & ANDRESS, LPA Sarah E. Spector Enclosures (as stated) cc:Traci G. Kautzman, Manager of Bayfront Ventures, LLC (via e-mail only w/ enc.) Bayfront Gardens Homeowners Association, Inc. (via e-mail only w/ enc.) Andrew M. Gross and Gina Leake Gross (via e-mail only w/ enc.) 12692232 _1 © Roetzel & Andress LPA 2018 Tu e s d ay, M ay 22, 2018 · 5:3 0 P.M . Clu b a t B a r e fo o t B e a c h · 1 0 5 S h ell Dr iv e · B o n it a S p ri n g s , FL 341 3 4 L e ly Ba re fo o t Be ach P U D A m e n d me nt Re q u e st (P L 2 0 1 70 0 0 4 42 1 ) N e ig h b o rh o o d I n fo rmat io n M e e t in g Exhibit A Page 1 of 20 Subject Property 2 Exhibit A Page 2 of 20 Subject Property Exhibit A Page 3 of 20 Lots 10-33, Bayfront Gardens 4 PLAT BOOK 14, PAGES 114 THROUGH 117 OF THE COLLIER COUNTY PUBLIC RECORDS Exhibit A Page 4 of 20 Requesting Parties •Lot 10 –Andrew M. Gross and Gina Leake Gross, Members of Bayside at Barefoot Beach Homeowners Association, Inc. •Lots 11-33 –Bayfront Gardens Homeowners Association, Inc. 5 Exhibit A Page 5 of 20 Tract I of the Lely Barefoot Beach PUD Master Plan 6 Exhibit A Page 6 of 20 History of Lely Barefoot Beach Planned Unit Development (PUD) The Lely Barefoot Beach Planned Unit Development ordinance (Collier County Ordinance 77-48) was adopted on September 27, 1977. Thereafter, the following amendments were adopted: 7 Ordinance Date Adopted Subject 85-21 June 4, 1985 Wholesale amendment of original ordinance 85-83 December 17, 1985 Rename and redefine certain development tracts and address fractionalization and site plan approval 87-53 July 21, 1987 Increase maximum project density 88-63 August 2, 1988 Reduce setback from Anguilla Lane 94-28 May 24, 1994 Limit side setbacks for lots within Bayfront Gardens subdivision to 7.5’ (eliminating option of ½ the building height) 01-35 June 26, 2001 Increase maximum height from 2 to 3 stories for lots located in Blocks A through K of Lely Barefoot Beach Unit #1 (Low-Density Single Family) 06-22 May 23, 2006 Change the permitted land uses on Tract J from utility facilities to single- family residential and add development regulations 11-04 February 22, 2011 Increase maximum dwelling units for lots located in Blocks A through K of Lely Barefoot Beach Unit #1; decrease maximum dwelling units for DC-1 Exhibit A Page 7 of 20 Permitted Uses (Section 10.3) –Single or Multi-Family Residential 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)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)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 (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. (4)Docks, either individual or common 8 Exhibit A Page 8 of 20 Permitted Density (Section 10.4) 30 units, but the maximum number of dwelling units may be increased, provided that the gross project dwelling unit maximum of 690 units is not exceeded. 9 Exhibit A Page 9 of 20 Development Regulations (Section 10.5) 10.5.1 GENERAL: All yards, setbacks, etc. shall be in relation to the individual tract or parcel boundaries. 10.5.2 MINIMUM LOT AREA: 6,000 square feet for detached single family dwellings 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 10.5.3 MINIMUM LOT WIDTH: 60 feet for single family dwellings; 100 feet for two or more family dwellings; 10.5.4 MINIMUM LOT YARDS: A.Yards which abut Lely Beach Boulevard: 25 feet. Required yards abutting Lely Beach Boulevard are also easements within which utilities, walkways, etc. may be installed. 10 Exhibit A Page 10 of 20 Development Regulations (cont ’d) B.Yards which abut a public or private street right-of-way other than Lely Beach Boulevard: 10 feet or ½ the building height, whichever is greater. C.Yards which abut an adjoining homesite: 7 ½ feet or 1/2 the building height, whichever is greater, except for Bayfront Gardens Subdivision, as recorded in P.B. 14, Pg. 114-117, Public Records of Collier County: 7 ½ feet. D.Yards between adjoining buildings on the same site: 15 feet or ½ 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 appropriate Collier County agency, separation between buildings may be less. E.Yards which abut beachfront common open space: none. F.Waterfront yards other than gulf front:30 feet or ½ the building height, whichever is greater. G.Rear yards other than waterfront: 25 feet or ½ the building height, whichever is greater. 11 Exhibit A Page 11 of 20 Development Regulations (cont ’d) 10.5.5 MINIMUM DWELLING UNIT FLOOR AREA: Each residential unit shall have a minimum floor area of 1,200 square feet. 10.5.6 MAXIMUM BUILDING HEIGHT: A.Tract H: four habitable floors, with the option of having one floor of parking and associated non-habitable utilitarian space beneath the first habitable floor. B.Tract I: two habitable floors, with the option of having one floor of parking and associated non-habitable utilitarian space beneath the first habitable floor. 10.5.7 OFFSTREET PARKING REQUIREMENTS: As required by Collier County regulations in affect at the time permits are sought. 10.5.8 STRUCTURAL REQUIREMENTS FOR BEACH FRONT 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 as contained in Coastal Setback Line Variance #74-75-V 40. 12 Exhibit A Page 12 of 20 Request AMENDMENT TO MAXIMUM BUILDING HEIGHT SUBSECTION OF TRACTS H AND I, SINGLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT SECTION OF LELY BAREFOOT BEACH PUD 10.5.6. MAXIMUM BUILDING HEIGHT: A.Tract H: four habitable floors, with the option of having one floor of parking and associated non-habitable utilitarian space beneath the first habitable floor. B.Tract I: two three habitable floors, with the option of having one floor of parking and associated non-habitable utilitarian space beneath the first habitable floor. NO CHANGE IN USES, DENSITY, MASTER CONCEPT PLAN OR DEVELOPMENT REGULATIONS OTHER THAN MAXIMUM BUILDING HEIGHT 13 Exhibit A Page 13 of 20 Comparison of PUD Maximum Habitable Floors PROPERTY PUD USE HABITABLE FLOORS Blocks A-K, Lely Barefoot Beach Unit One (PB 12, Pages 34-37) Low-Density Single Family 3 Tract D (Lely Barefoot Beach Unit Two (PB 15, 71-72)) Low-Density Single Family 2 Tract H Single or Multi-Family 4 Tract I Single or Multi-Family 2 Tract J Single Family 3 Lely Beach North (Portion of Lely Barefoot Beach Unit Three (PB 16, Pages 55-58)) Single or Multi-Family 6 Lely Beach South DC-1 and DC-2 (Portion of Lely Barefoot Beach Unit Four (PB 17, Pages 5-6)) Low to Mid-Rise, Single or Multi- Family 6 Lely Beach South DC-3 and DC-4 Low to Mid-Rise, Single or Multi- Family 5 14 Exhibit A Page 14 of 20 Two Story Maximum Building Height Parcels –Tracts D and I 15 Exhibit A Page 15 of 20 Single or Multi-Family Residential Parcels –Tracts H, I and Lely Beach North 16 Exhibit A Page 16 of 20 All Residential Parcels 17 Exhibit A Page 17 of 20 Growth Management Plan –Future Land Use Element 18 Exhibit A Page 18 of 20 Summary of Urban Future Land Use Map Designation 19 Exhibit A Page 19 of 20 S a rah E . S p e c to r 850 Park Shore Drive Trianon Center –3rd Floor Naples, FL 34103 239.337.3850 s s p ec to r @ ra la w.c o m © Roetzel & Andress LPA 2018 Exhibit A Page 20 of 20 Exhibit BPage 1 of 1 ·1· · LELY BAREFOOT BEACH PUD AMENDMENT ·2· · · · ·REQUEST (PL20170004421) ·3· · ·NEIGHBORHOOD INFORMATION MEETING ·4 ·5 ·6 ·7 ·8 ·9· ·TRANSCRIPT OF VIDEOTAPED PROCEEDINGS 10 · · · · · · · Pages 1 through 20 11· · · · · 22nd day of May, 2018 · · · · · · Commencing at 5:30 p.m. 12· · · · · Club at Barefoot Beach · · · · · · · ·105 Shell Drive 13· · · Bonita Springs, Florida 34134 14 · · · · Stenographically reported by: 15· · ·Janice R. Maline, Court Reporter 16 17 18 19 20 21 22 23 24 25 Exhibit C Page 1 of 27 ·1· ·APPEARANCES: ·2 · · · ·On behalf of Andrew M. Gross, Gina Leake Gross and ·3· · · Bayfront Gardens Homeowners Association: ·4· · · · · By: SARAH E. SPECTOR, ESQUIRE · · · · · · · · MARK J. PRICE, ESQUIRE ·5· · · · · · · Roetzel & Andress, LPA · · · · · · · · Trianon Centre - Third Floor ·6· · · · · · · 850 Park Shore Drive · · · · · · · · Naples, Florida 34103 ·7· · · · · · · 239.649.2716 · · · · · · · · sspector@ralaw.com ·8· · · · · · · mprice@ralaw.com ·9 10· · ·On behalf of Collier County, Florida: 11· · · · · BY: Timothy Finn, AICP, Principal Planner · · · · · · · · Collier County Zoning Services Section 12· · · · · · · 2800 North Horseshoe Drive · · · · · · · · Naples, Florida 34104 13 14 15· · ·Also Present:· Alan James, Videographer, · · · · · · · · · · · U.S. Legal Support, Inc. 16 · · · · · · · · · · · Mike Kautzman 17· · · · · · · · · · Traci Kautzman · · · · · · · · · · · Susan Owens 18· · · · · · · · · · Michael Stein · · · · · · · · · · · Barry Stiger 19· · · · · · · · · · Lynn Stiger · · · · · · · · · · · Joseph Tomarchio, Jr. 20 21 22 23· ·Certificate of Reporter:· · · · · · · · · · · · · · ·20 24 25 Exhibit C Page 2 of 27 ·1· ·Thereupon, ·2· · · · · · ·MS. SPECTOR:· I am Sarah Spector.· I'm an ·3· · · · attorney with Roetzel and Andress.· We are here to ·4· · · · present the Request to Amend the Lely Barefoot ·5· · · · Beach PUD, and I wanted to show you -- we had some ·6· · · · questions about where the property was located. ·7· · · · · · ·This is an overall aerial of the area, and ·8· · · · the property is highlighted in yellow ·9· · · · (indicating), it should be on the TV, but in 10· · · · yellow are the lots that we are talking about, and 11· · · · that is a closer view of those lots. 12· · · · · · ·As you'll see it does go -- I'll show you 13· · · · this in a minute, but this is all of Bayfront 14· · · · Gardens, and then we've got one in Barefoot Beach. 15· · · · So this is Bayfront Gardens.· Actually, all of 16· · · · that, that is along Barefoot Beach and everything 17· · · · that goes up Bayfront Drive, is part of the 18· · · · Bayfront Gardens Subdivision as platted. 19· · · · · · ·We are only talking about lots 10 through 33, 20· · · · and the reason for that is that these are the 21· · · · applicants.· The -- Andrew Gross and Gina Gross 22· · · · are members of the Bayside at Barefoot Beach 23· · · · Homeowners Association. 24· · · · · · ·They are the one lot that is outside the 25· · · · Bayfront Gardens Homeowners Association, that's Exhibit C Page 3 of 27 ·1· ·our second applicant.· The reason why we have ·2· ·split it up that way is that the Lely Barefoot ·3· ·Beach PUD has identified the properties a little ·4· ·bit differently than they have been subdivided. ·5· · · · Tract I is the property we are actually ·6· ·dealing with, and Tract I includes Lot 10, which ·7· ·is why we're going a little bit outside of ·8· ·Bayfront Gardens, just so that it's easier to ·9· ·amend all of Tract I, rather than Tract I, minus 10· ·Lot 10. 11· · · · So the Lely Barefoot Beach PUD was originally 12· ·adopted in 1977.· It's been amended a few times 13· ·since then, and in your PowerPoint you'll see up 14· ·here, I've gone through the amendments.· There 15· ·haven't been a whole lot of amendments.· There 16· ·have been some. 17· · · · There was an increase from two to three feet. 18· ·There's only one -- there was a change in 2006, 19· ·where there was a change from a utility site to a 20· ·single-family site on Tract J. 21· · · · Tract J is actually the only tract within the 22· ·planned unit development that has a height 23· ·restriction.· Everything else is by floors. 24· ·Tract J is 70 feet in height.· As regards this 25· ·Tract I, I've set forth everything that can be Exhibit C Page 4 of 27 ·1· ·developed on that tract, and as you'll see, it's a ·2· ·range of single, multifamily residential uses and ·3· ·accessory uses that are permitted.· There's a ·4· ·maximum of 30 units.· Tract I only has 24.· We're ·5· ·not going for a change in that density. ·6· · · · And then these are the development ·7· ·regulations.· We're not changing any of these ·8· ·development regulations, such as the minimum lot ·9· ·area, minimum lot width, minimum lot yards, the 10· ·setbacks.· The only thing we are asking for a 11· ·change in is the habitable floors.· We would like 12· ·to go from two to three habitable floors. 13· · · · As you'll notice, this section also addresses 14· ·Tract H, which I'll show you in a second.· Tract H 15· ·actually already allows for four habitable floors. 16· ·So as I mentioned, our request is to amend the PUD 17· ·ordinance and it's a simple one-word change from 18· ·two to three. 19· · · · As I mentioned we're not changing any uses, 20· ·density, the master concept plan, and the only 21· ·development regulation we're changing is the 22· ·maximum building height. 23· · · · I've gone through, and this is a summary of 24· ·all of the residential development within the Lely 25· ·Barefoot Beach Development, and as you will see, Exhibit C Page 5 of 27 ·1· ·there is only one other tract that is limited to ·2· ·two buildable feet -- sorry -- two buildable ·3· ·stories, and that is Tract D, which I'll show you ·4· ·in one second.· Everything else is at least three, ·5· ·all the way up to six feet permitted -- or six ·6· ·buildable floors. ·7· · · · So I mentioned there's only one other tract ·8· ·that is limited to two floors, and it's this small ·9· ·little tract right here (indicating), and then 10· ·this is Tract I again. 11· · · · As I mentioned, Tract I allows for single and 12· ·multifamily development.· These are the two other 13· ·tracts within Lely Barefoot Beach that allow for 14· ·single or multifamily development; the same type 15· ·of development allowed on Tract I. 16· · · · And as you'll see, Tract H, where the rest of 17· ·Bayfront Gardens is, is four floors, and then you 18· ·have Lely Beach North, which is six floors, and 19· ·then this is a summary of all of the development, 20· ·residential development within the property, and 21· ·the allowable floors. 22· · · · As you'll note, two is the lowest, going all 23· ·the way up to six.· So what's in yellow is the 24· ·only tracts within Lely Barefoot Beach for 25· ·residential that only allows for two habitable Exhibit C Page 6 of 27 ·1· ·floors.· One thing that we need to show in our ·2· ·application is that we are consistent with the ·3· ·Growth Management Plan, and this is addressing new ·4· ·developments, but it says new development shall be ·5· ·compatible with and complementary to surrounding ·6· ·land uses.· So that's one thing we need to show ·7· ·that we are compatible, that we complied with.· We ·8· ·are within the urban residential subdistrict -- ·9· · · · MR. STIGER:· That is an existing regulation? 10· · · · MS. SPECTOR:· This is -- the Growth 11· ·Management Plan is -- we're asking for change to 12· ·the zoning.· The Growth Management Plan is a 13· ·future land use.· So this actually determines what 14· ·you can do into the future, and you would actually 15· ·have to go to the State if you wanted to change 16· ·anything here. 17· · · · So this is just saying in the urban 18· ·residential subdistrict that these are the -- the 19· ·restrictions that are placed on that property.· So 20· ·as you can see it's just to accommodate intensive 21· ·land uses located within the area, and it's areas 22· ·with fewer natural resource constraints and where 23· ·public facilities are already located. 24· · · · And that's is the entire presentation.· It's 25· ·a pretty simple change.· Do I have any questions? Exhibit C Page 7 of 27 ·1· ·And if you do have questions, if when you stand up ·2· ·you can state your name, so we can get it with the ·3· ·court reporter, and I just wanted to let you know ·4· ·the reason we have a court reporter and ·5· ·videographer here, is because it is a County ·6· ·requirement. ·7· · · · So nothing special about this, other than we ·8· ·need to tell the County what questions were asked ·9· ·and what the answers given were, so I'm sorry.· Go 10· ·ahead. 11· · · · MR. STIGER:· Yes.· I'm Barry Stiger.· I think 12· ·Tract H has side yard requirements of -- is it 7.5 13· ·feet, or one-half of the building height? 14· · · · MS. OWENS:· 7.5 feet -- 15· · · · MR. STIGER:· Ours is 7.5 feet period. 16· · · · MS. SPECTOR:· Yes, and that applies to I as 17· ·well, and we're not asking to change that. 18· · · · MR. STIGER:· Okay.· But H which has the 19· ·four-story limitation, in effect regulates height 20· ·by making the side yards greater, because the side 21· ·yards in H, which is South Port, and the east side 22· ·Barefoot Beach Boulevard, has greater side yard 23· ·requirements, does it not? 24· · · · MS. SPECTOR:· It does not.· H and I have the 25· ·same side yard requirements, 7.5 feet or half the Exhibit C Page 8 of 27 ·1· ·building height. ·2· · · · MR. STIGER:· Well, I don't think I does. I ·3· ·don't think I has half the building height in its ·4· ·regulation. ·5· · · · MS. SPECTOR:· This is from the PUD ordinance. ·6· · · · MR. STIGER:· Because if that's so, every ·7· ·house in I is in violation. ·8· · · · MS. OWENS:· It's only one-half of the last ·9· ·Beach Gardens.· Is that what you're referring to, 10· ·the last Beach Gardens? 11· · · · MS. SPECTOR:· Yeah, these regulations apply 12· ·to both H and I. 13· · · · MR. STIGER:· I don't think that's accurate. 14· · · · MS. OWENS:· I don't think it is either. 15· · · · MS. SPECTOR:· I do have the ordinances with 16· ·me, so let me just make sure. 17· · · · MS. OWENS:· H, which is South Port, they have 18· ·a different formula for the side yards than we do. 19· ·Ours is 7.5 on each side, but I do believe South 20· ·Port has a different calculation. 21· · · · MR. STIGER:· It's the greater of 7.5 or half 22· ·the building height. 23· · · · MS. SPECTOR:· Right, which is -- which is 24· ·what I have as the building regulations for H and 25· ·I. Exhibit C Page 9 of 27 ·1· · · · MR. STIGER:· I don't think that -- I don't ·2· ·think half the building height is in the I ·3· ·regulations, but you may be right.· I may be ·4· ·wrong. ·5· · · · MS. OWENS:· As far as I know it's 7.5 without ·6· ·half the building height, but you can check that ·7· ·if you have it in front of you. ·8· · · · MS. SPECTOR:· I should be able to find it ·9· ·here. 10· · · · MS. OWENS:· What's your point? 11· · · · MR. STIGER:· Well, it's just a point of 12· ·information.· It just means that the density, if 13· ·those side yards are really complied with in South 14· ·Port, makes the South Port density -- our density 15· ·potentially a lot greater than South Port, you 16· ·know; whether that's good, bad or indifferent. 17· ·It's just a point of information. 18· · · · MS. SPECTOR:· And I'm looking at the 19· ·provision that deals -- this is Section 10, which 20· ·deals with Tracts H and I, single or multifamily 21· ·residential development.· The only difference 22· ·between the two is as I pointed out, with four 23· ·buildable stories allowed in H, and only two 24· ·allowed in I. 25· · · · MS. OWENS:· Could it be that the HOA has made Exhibit C Page 10 of 27 ·1· ·further restrictions on this? ·2· · · · MS. SPECTOR:· It is possible, but it does say ·3· ·what -- the PUD ordinance already says what you ·4· ·had thought it had said, but it could -- yes, you ·5· ·could have greater setbacks.· You can't have ·6· ·lesser setbacks, but you can have greater setbacks ·7· ·than what the County requires. ·8· · · · MS. OWENS:· That could be what's happening. ·9· · · · MS. SPECTOR:· That is possible.· The County 10· ·won't enforce those, but your HOA would. 11· · · · MR. STIGER:· Well, I'll send you the 12· ·ordinance that I'm referring to. 13· · · · MS. SPECTOR:· Okay.· Please do. 14· · · · MR. STIGER:· Now, another question, you said 15· ·throughout Barefoot Beach there is no actual 16· ·height limitations except by stories? 17· · · · MS. SPECTOR:· Except for on that one parcel. 18· · · · MR. STIGER:· Except for the one parcel which 19· ·is on the right side as you enter Barefoot -- or 20· ·Bayfront Gardens -- Bayfront Gardens? 21· · · · MS. SPECTOR:· Yes.· Yes. 22· · · · MR. STIGER:· Okay.· That's interesting. 23· · · · MS. SPECTOR:· Because it was previously set 24· ·aside for -- 25· · · · MR. STIGER:· Utility? Exhibit C Page 11 of 27 ·1· · · · MS. SPECTOR:· -- the utilities, so they ·2· ·allowed one single-family home on this lot here ·3· ·(indicating) with a maximum of 70 feet. ·4· · · · MR. STIGER:· That's the one that was built a ·5· ·couple years ago? ·6· · · · MS. SPECTOR:· Right, they had to rezone it at ·7· ·that time to allow for a single-family home. ·8· · · · MR. PRICE:· I think the Beach Gardens may ·9· ·have 70 foot and a half.· In fact, I think you 10· ·sent an e-mail.· It wasn't amended in 2000 -- 11· · · · MS. SPECTOR:· That was what -- it was 12· ·Tract J. 13· · · · MR. PRICE:· Okay.· That's what you sent? 14· · · · MS. SPECTOR:· Uh-huh.· Yeah, we checked that 15· ·after we had that question.· Yes? 16· · · · MR. TOMARCHIO:· Joseph Tomarchio, Junior, 17· ·235 Bayfront, but we also have a lot in the same 18· ·community at 213 Bayfront.· Our home is currently 19· ·three stories, or four stories as I perceive it, 20· ·but three above, I guess you can say, that flood 21· ·or whatever, however they legally do it, and I am 22· ·one of, I believe, six or seven homes that is 23· ·already like that. 24· · · · MS. SPECTOR:· Uh-huh. 25· · · · MR. TOMARCHIO:· We purchased the lot on the Exhibit C Page 12 of 27 ·1· ·same street, directly up the street from us, and ·2· ·at this point in time we're not -- we really don't ·3· ·know how many floors the home's going to have, but ·4· ·I don't want to be restricted to anything less ·5· ·than I have already. ·6· · · · I mean, that is how I purchased the lot, and ·7· ·that was the information that I was basically ·8· ·given at the time, and if the County allowed ·9· ·building permits for six or seven homes, you know, 10· ·I got a real issue, if anything is going to change 11· ·that restricts my ability to maximize the 12· ·potential of my lot for my personal home. 13· · · · MS. SPECTOR:· And I didn't pull the building 14· ·permits.· I'm not sure how -- 15· · · · MR. TOMARCHIO:· I understand.· I know the 16· ·County is here so I just want to make it clear 17· ·that I'm not going to be a happy camper if this 18· ·isn't approved where we can put the home up, if I 19· ·so choose, to have four floors.· Now I may not, 20· ·but I don't want to be restricted -- 21· · · · MS. SPECTOR:· And you're talking about -- 22· · · · MR. TOMARCHIO:· -- especially when there's 23· ·already six homes in there, or seven homes, of 24· ·which I already have one, and you charge me enough 25· ·taxes on that vacant lot, and on my current home, Exhibit C Page 13 of 27 ·1· ·that, you know, to be restricted and restrict the ·2· ·values of the property, is really going to be ·3· ·contentious, and I think if you get by my ·4· ·demeanor, I'm not the kind of guy that's going to ·5· ·lay down for it, just so we're clear. ·6· · · · MS. SPECTOR:· And when you say four stories, ·7· ·you're talking about the ground floor and three ·8· ·floors up? ·9· · · · MR. TOMARCHIO:· Correct. 10· · · · MS. SPECTOR:· And that's what we're asking 11· ·for here. 12· · · · MR. TOMARCHIO:· I'm okay with it. 13· · · · MS. SPECTOR:· Okay.· Great. 14· · · · MR. TOMARCHIO:· I just want to make sure the 15· ·County understands -- 16· · · · MS. SPECTOR:· Right. 17· · · · MR. TOMARCHIO:· -- that I'm okay with it. 18· · · · MS. SPECTOR:· Driving up and down you can see 19· ·that there are some there, and we're trying to 20· ·bring it into conformity with what's already out 21· ·there.· Yes? 22· · · · MR. STIGER:· Yes, one other question.· The 23· ·gray area there along the beach front west of the 24· ·Boulevard, those would basically have the same 25· ·zoning restrictions, as far as floors and side Exhibit C Page 14 of 27 ·1· ·yards as Bayfront Gardens? ·2· · · · MS. SPECTOR:· I can't say side yards, but ·3· ·floors, yes. ·4· · · · MR. STIGER:· Well, they're pretty close ·5· ·together, so I assume that they don't have the ·6· ·one-half of the building height limitation, ·7· ·because -- ·8· · · · MS. SPECTOR:· Right. ·9· · · · MR. STIGER:· -- it's clearly not enforced, if 10· ·they do. 11· · · · MS. SPECTOR:· They're actually solely -- I 12· ·have that on here.· Let me look.· That is -- 13· ·they're a low-density single-family, so they can 14· ·have three floors.· I don't have the setbacks for 15· ·them. 16· · · · MS. OWENS:· I used to own there.· It's 7.5; 17· ·7.5. 18· · · · MS. SPECTOR:· It is?· Okay. 19· · · · MS. OWENS:· That's when I lived there. 20· · · · MS. SPECTOR:· I don't have the most recent up 21· ·but -- yeah.· I would have to look at that, but 22· ·that's what I'm looking at, is the older one.· It 23· ·just says -- okay. 24· · · · It is just 7.5, not half the building height 25· ·for adjacent homes, so it would be 15 feet between Exhibit C Page 15 of 27 ·1· ·the two.· So they can go up, they just can't go -- ·2· ·they don't have the same restriction on half the ·3· ·building height. ·4· · · · MS. OWENS:· Sarah, what's the next step in ·5· ·this process? ·6· · · · MS. SPECTOR:· And, I'm sorry, would you ·7· ·mind -- ·8· · · · MS. OWENS:· Susan Owens. ·9· · · · MS. SPECTOR:· Thank you.· The next step is 10· ·that we would go to the Planning Council and 11· ·present the same request, and at that time we'd 12· ·have a staff report that will either recommend 13· ·approval or not. 14· · · · The Local Planning Agency will -- or the 15· ·Planning Council will give a recommendation to the 16· ·board, and then we'll go before the board for one 17· ·more public hearing with the recommendation from 18· ·Council. 19· · · · MS. OWENS:· Who is on the planning staff you 20· ·refer to, to make a recommendation? 21· · · · MS. SPECTOR:· Tim Finn, who is in the back. 22· ·He is with Collier County.· He is the planner 23· ·assigned to this file.· So he, along with all of 24· ·the other departments within the County, will 25· ·weigh in as far as -- Exhibit C Page 16 of 27 ·1· · · · MS. OWENS:· Not just Tim?· Good thing. ·2· · · · MS. SPECTOR:· Not just Tim, yeah.· So it will ·3· ·be Environmental, Emergency Services, all of that ·4· ·will weigh in.· We've already gotten some comments ·5· ·back from them. ·6· · · · MS. OWENS:· Anything negative? ·7· · · · MS. SPECTOR:· No.· Yes? ·8· · · · MR. STIGER:· One other question, this doesn't ·9· ·prohibit any of these homeowner associations from 10· ·imposing color, or other, you know, that sort of 11· ·restrictions on new homes or changing existing 12· ·homes? 13· · · · MS. SPECTOR:· As far as colors, absolutely 14· ·not.· That would be up to -- 15· · · · MR. STIGER:· How about design features or 16· ·anything like that? 17· · · · MS. SPECTOR:· No.· This is merely the size 18· ·and locations of the buildings on the lots. 19· · · · MR. STIGER:· Okay. 20· · · · MS. SPECTOR:· Are there any other questions? 21· ·All right.· There will be another hearing -- I'm 22· ·sorry -- another notice that you will get before 23· ·the hearing, so that you will know when we're 24· ·going to be before the planning board. 25· · · · MR. STIGER:· If all goes well, when -- when Exhibit C Page 17 of 27 ·1· ·do these meetings -- when are you hoping that ·2· ·these meetings take place so that we're finished ·3· ·with this? ·4· · · · MS. SPECTOR:· Well, we were hoping that it ·5· ·would be finished by July, but the Commission ·6· ·takes a break during the summer, so I don't think ·7· ·we're going to make -- we can't make, with notice, ·8· ·July, can we, the Commission? ·9· · · · MR. FINN:· For the BCC? 10· · · · MS. SPECTOR:· Yes. 11· · · · MR. FINN:· It will be in the fall. 12· · · · MS. SPECTOR:· Yeah.· So we may have a hearing 13· ·now, but then the Commission, the BCC, will not 14· ·hear it until the fall when they come back from 15· ·their summer break. 16· · · · MR. STEIN:· It seems -- I came late this 17· ·evening, excuse me.· It seems like what you're 18· ·doing is cleaning up what already exists? 19· · · · MS. SPECTOR:· Well, and for those who don't 20· ·have a third habitable floor, to allow them to 21· ·have one and get a building permit or a CO on. 22· · · · MR. STEIN:· But the County already granted, 23· ·according to this gentleman, seven building 24· ·permits? 25· · · · MS. SPECTOR:· I don't know if the building Exhibit C Page 18 of 27 ·1· ·permits did allow for that.· I haven't pulled the ·2· ·building permits, because you can build a third ·3· ·story and have it not be habitable. ·4· · · · MR. TOMARCHIO:· Ha, ha, ha. ·5· · · · MS. SPECTOR:· That's a ha, ha, ha? ·6· · · · MS. OWENS:· Yeah, for the record. ·7· · · · MS. SPECTOR:· So I don't know.· I haven't ·8· ·looked at the building permits, but it would clean ·9· ·up what is out there right now, and as you can 10· ·see, it wouldn't really contradict anything that's 11· ·already out there, because it's only that one tiny 12· ·sliver that has two floors. 13· · · · All right.· Well, that's all I have.· There 14· ·are copies of the presentation up here.· My card's 15· ·up here, and I also have -- if I have your e-mail 16· ·address, if you want me to let you know when the 17· ·next hearing is, I can let you know that. 18· · · · MS. OWENS:· Thank you. 19· · · · MS. SPECTOR:· All right.· Thank you. 20· · · · MS. OWENS:· Nice job. 21· · · · MS. SPECTOR:· Thank you. 22· · · · (Said proceedings were concluded at 5:51 23· ·p.m.) 24 25 Exhibit C Page 19 of 27 ·1· · · · · · · · · · C E R T I F I C A T E ·2 ·3· ·STATE OF FLORIDA· ) ·4· ·COUNTY OF LEE· · ·) ·5 ·6· · · · · · ·I, JANICE R. MALINE, Court Reporter and ·7· ·Notary Public in and for the State of Florida at large, ·8· ·do hereby certify that, pursuant to notice of hearing ·9· ·in the above-titled cause, the foregoing proceedings 10· ·were reduced to print by means of computer-assisted 11· ·transcription under my personal supervision, and that 12· ·the said transcription constitutes a true record of the 13· ·proceedings. 14· · · · · · ·I further certify that said proceedings were 15· ·taken at the time and place specified hereinabove and 16· ·that I am neither of counsel, nor solicitor to either 17· ·party in said suit, nor interested in the event of the 18· ·cause. 19· · · · · · ·WITNESS my hand and official seal in the 20· ·County of Lee, State of Florida, this 1st day of June, 21· ·2018. 22 23 24 · · · · · · · · · · · · · · ·_______________________________ 25· · · · · · · · · · · · · ·JANICE R. MALINE · · · · · · · · · · · · · · ·Notary Public, State of Florida Exhibit C Page 20 of 27 Exhibit C Page 21 of 27 Exhibit C Page 22 of 27 Exhibit C Page 23 of 27 Exhibit C Page 24 of 27 Exhibit C Page 25 of 27 Exhibit C Page 26 of 27 Exhibit C Page 27 of 27 1 Spector, Sarah From: Spector, Sarah Sent: Wednesday, June 06, 2018 1:58 PM To: 'Jumper8869@gmail.com'; 'susan@susanowens.com'; 'jtomarchiojr@comcast.net'; 'Traci Kautzman'; 'mjstein75@gmail.com' Cc: 'FinnTimothy'; Price, Mark Subject: Barefoot Beach PUD Amendment (PL20170004421) NIM Follow-Up Good afternoon- Thank you for attending the Neighborhood Information Meeting (NIM) held on May 22, 2018 at 5:30 PM at the Club at Barefoot Beach. I am sending you this e-mail to correct one statement I made at the NIM in response to a question posed. Mr. Stiger had inquired as to whether there were any height restrictions placed on parcels within the Lely at Barefoot Beach community. My response was that the only property encumbered by such a restriction was Tract J (with a 70’ limitation). Upon further review of the applicable ordinances, it appears that the low density, single family residential section of Lely Barefoot Beach has a similar height restriction (70’ NGVD including decorative elements, but excluding chimneys). Accordingly, all property shown in grey on the map below is subject to a 70’ height limitation. My misstatement was due to an oversight. Ordinance 85-83 provides that, as to the low density, single family residential section of Lely Barefoot Beach, the maximum height is “[t]wo stories above the minimu m base flood elevation required by the floor [sic] elevations ordinance.” This was then amended by Ordinance 01-35 as follows: Exhibit D Page 1 of 2 2 Two Three stories with a maximum highest point of roof to be 70-feet NGVD including decorative elements, but excluding chimneys. As you will note, the strikethrough/underline language indicates that only the number of stories was changed, and this change was discussed at the meeting. However, it appears the remainder of the sentence was amended even though it is not shown in strikethrough/underline format. I apologize for any confusion this may have caused. Please feel free to contact me directly if I can answer any additional questions. Both Sarah Spector and Roetzel & Andress intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Sarah Spector immediately at 239.338.4213. Thank you. Sarah E. Spector, Esq. Roetzel & Andress, LPA 2320 First Street, Suite 1000 Ft. Myers, FL 33901 Direct: 239.338.4213 Main: 239.337.3850 Fax: 239.337.0970 E-mail: sspector@ralaw.com www.ralaw.com Akron - Chicago - Cincinnati - Cleveland - Columbus Ft. Myers - Naples - Orlando - Toledo Exhibit D Page 2 of 2 17.C.6 Packet Pg. 2975 Attachment: Secretary's Certficate As to Vote - Attachment E (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.7 Packet Pg. 2976 Attachment: Correspondence - Attachment F (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.7 Packet Pg. 2977 Attachment: Correspondence - Attachment F (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.7 Packet Pg. 2978 Attachment: Correspondence - Attachment F (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.8 Packet Pg. 2979 Attachment: Conservancy of Southwest Florida - No Objection letter - Attachment G (6300 : Lely Barefoot Beach PUD (PUDA)) 17.C.10 Packet Pg. 2980 Attachment: Legal Ad - Agenda ID # 6300 (6300 : Lely Barefoot Beach PUD (PUDA)) HEARING PACKAGE CHECKLIST - eturn this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN 'BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. Application, to include but not limited to the following: Narrative of request Property Information Property Ownership Disclosure Form Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) jk,1 ti, ,.z.l,br Affidavit of NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio 4_;i 4- 0,r- I,� •,terry, vov.ea C � S_t s Boundary Survey Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff lnformation\lob Aidesor HelinGuides J�CD with only one pelf file for all documents in the same order as the packets are put together. They must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensureall materials are in the same order for II copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple files) in same rder as the printed materials. It is the agent's responsibility to ensure no documentation is left out. June 28, 2018 Signature of A nt Representative Date Sarah E. Spector Printed Name of Signing Agent Representative Revised 5/18/2018 Provide to Agents G:\CDES Planning SeMoes\Current\Zoning Stafflnformation\Job Aides or Help Guides Table of Contents Cover Letter/Narrative..................................................... Application...................................................................... Property Information....................................................... Evaluation Criteria........................................................... Disclosure of Property Ownership Interest ..................... Secretary's Certificate as to Vote ..................................... Legal Description............................................................ Affidavit of Authorization ............................................... NIMSummary................................................................. Property Owner List ........................................................ Conservancy Letter.......................................................... Covenant of Unified Control ........................................... PUDMaster Plan............................................................. Bayfront Gardens Plat ..................................................... Ordinance85-21.............................................................. Ordinance85-83.............................................................. Ordinance87-53.............................................................. Ordinance88-63.............................................................. Ordinance94-28.............................................................. Ordinance01-35.............................................................. Ordinance06-22.............................................................. Ordinance11-04.............................................................. ROETZEL 850 Park Shore Drive Trianon Centre Naples, FL 34103 239.338.4213 Direct PHONE 239.649.6200 Fm 239.261.3659 sspector@ralaw.com WWW.RAI W.COM February 26, 2018 Collier County Planning Services Growth Management Department 2800 Horseshoe Drive N. Naples, Florida 34104-6917 Re: Amendment to Height Limitations on Tract 1, Lely Barefoot Beach PUD Dear Ladies and Gentlemen: Enclosed please find a PUDA application relating to the Lely Barefoot Beach Planned Unit Development (the "PUD"), originally approved by Collier County Ordinance 77-48.1 The request set forth in the application will allow for an increase in habitable floors on Tract I of the PUD, which has been set aside for single or multi -family residential development. Tract I is made up of Lots 10-33 of the Plat of Bayfront Gardens, recorded in Plat Book 14, Pages 114- 116, inclusive, of the Public Records of Collier County, Florida (the "Plat"). The PUD currently allows for two (2) habitable floors on Tract I and the amendment will increase this to three (3) habitable floors. This change would bring Tract I closer to the restrictions placed on other single or multi -family residential development within the PUD. Both Tract H and Lely Beach North (a portion of Lely Barefoot Beach Unit Three (PB 16, Pages 55-58) have been given this designation and have been assigned a maximum building height of four (4) floors and six (6) floors, respectively. The only other property within the PUD that restricts building height to less than three (3) stories is Tract D, which was set aside for low-density single family residential development. The PUD currently allows for two (2) habitable floors on Tract D. Blocks A -K of Lely Barefoot Beach Unit One were also set aside for low-density single family residential development. The I The PUD was created and amended by Ordinance Numbers 77-48, 81-46, 85-21, 85-83, 87-53, 88-63, 94-28, 01- 35, 06-22 and 11-4, as duly filed in the Collier County, Florida Records of the Board of County Commissioners; as amended/supplemented by the Assignment of Density Rights recorded in O.R. Book 4558, Page 2671, Public Records of Collier County. Florida. ROETZEL & ANDRESS CHICAGO WASHINGTON, Ur CLEVELAND rOLEDI I AKRryq I EGAL PROFESSIONAL ASS9CIAfIOH COLUMBUS-Q14GINMATI ORLAML)O FDRT MVERS 1•IAPLES February 26, 2018 Page 2 maximum habitable floors of dwellings located on Blocks A -K of Lely Barefoot Beach Unit One was increased from two (2) to three (3) by Collier County Ordinance 01-35. Based on the foregoing, an additional habitable floor is consistent with similar uses within the PUD and with the surrounding property within the PUD. The amendment would also promote consistency within Tract I itself, as some homes have been built to heights in excess of the two - floor limitation due to prior permitting discrepancies. An ordinance, which has been drafted to include the requested change, is enclosed with the application. A copy of the enclosed application is being simultaneously submitted to Nichole Johnson at the Conversancy of SWFL for review and comment. Any consideration the County can afford the enclosed application is greatly appreciated. Very truly yours, ROETZEL & ANDRESS, LPA /qn'tv'v Sarah E. Spector SMG cc: Traci G. Kautzman, Manager of Bayfront Ventures, LLC (via e-mail only w/ enc.) Bayfront Gardens Homeowners Association, Inc., c/o Vesta Property Services, 27180 Bay Landing Drive, Suite 4, Bonita Springs, Florida 34135-4337 (via e-mail only w/ enc.) Andrew M. Gross and Gina Leake Gross (via e-mail only w/ enc.) 12106541 _2 2 Copier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergoy.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 )239)252-2400 FAX: (239)252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A. -F., Ch. 3 G. 1 of the Administrative Code ❑■ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A. -F. APPLICANT CONTACT INFORMATION Name of Property Owner(S) Bayfront Gardens Homeowners Association. Inc. and Andrew M. Gross and Gina Leake Gross Address: see attached City: State: ZIP: Telephone: 239-337-3850 Cell: 239-338-4213 Fax: 239-337-0970 E -Mail Address: c/o sspector@ralaw.com Name of Applicant/Agent: Sarah E. Spector, Esq. & Robert D. Pritt, E Firm: Roetzel & Andress, LPA Address: 850 Park Shore Dr., Suite 300 cit Naples FL 34103-3587 y.. State: ZIP: Telephone: 239-337-3850 cell: 239-338-4213 Fax: 239-337-0970 E -Mail Address: sspector@ralaw.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 10/15/2017 Page 1 of 14 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier¢ov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239(252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: n/a Zoning district(s) to the n/a zoning district(s). Present Use of the Property: single family residential Proposed Use (or range of uses) of the property: single family residential Original PUD Name: Lely Barefoot Beach Planned Unit Development (PUD) Ordinance No.: 77-48 PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum V to 400' scale), if required to do so at the pre -application meeting; and • 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: 6/ 48S/ 25E Lot: 10-33 Block: Subdivision: Bayfront Gardens Metes & Bounds Description: Plat Book: 14 Page #: 114 Property I.D. Number: see attached Size of Property: ft. x ft. = Total Sq. Ft. Acres: see attached Address/ General Location of Subject Property: Lely Barefoot Beach-, see attached for specific addresses PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial ❑■ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial 10/15/2017 Page 2 of 14 Copier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. collier¢ov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: ASSOCIATIONS Required: List all registered Home Owner 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 http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Bayfront Gardens Homeowners Association, Inc. (Lots 11-33) Mailing Address: VB"'P'PP9ny s9lv¢69. 27180 Bay -arm„y Dna. s�,tP a City: Bonita Spnngs State: FL ZIP: }°3a 337 Name of Homeowner Association: Bayside at Barefoot Beach Homeowners Association, Inc. (Lot 10) Mailing Address: 234 Barefoot Beach Boulevard City: Bonita Spnngs State: FL Zip; 34134 Name of Homeowner Association: Mailing Address: Name of Homeowner Association: N/A City: State: ZIP: Mailing Address: City: State: ZIP: Name of Homeowner Association: N/A Mailing Address: City; State: ZIP: 10/15/2017 Page 3 of 14 Zoning Land Use N PUD Residential S PUD Residential E PUD Residential W PUD Residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: ASSOCIATIONS Required: List all registered Home Owner 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 http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Bayfront Gardens Homeowners Association, Inc. (Lots 11-33) Mailing Address: VB"'P'PP9ny s9lv¢69. 27180 Bay -arm„y Dna. s�,tP a City: Bonita Spnngs State: FL ZIP: }°3a 337 Name of Homeowner Association: Bayside at Barefoot Beach Homeowners Association, Inc. (Lot 10) Mailing Address: 234 Barefoot Beach Boulevard City: Bonita Spnngs State: FL Zip; 34134 Name of Homeowner Association: Mailing Address: Name of Homeowner Association: N/A City: State: ZIP: Mailing Address: City: State: ZIP: Name of Homeowner Association: N/A Mailing Address: City; State: ZIP: 10/15/2017 Page 3 of 14 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT w .collieraov.net Colyer County EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative 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. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. 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. b. 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. C. 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.) d. 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. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. 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 t0 a degree at least equivalent to literal application of such regulations. 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. 10/15/2017 Page 4 of 14 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 ��Prrevious landusepetitions on the subject property: To your knowledge, has a public hearing been NO and l ,property within the last year? If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ■❑ Yes ❑ No if so please provide copies. *As to 191 Bayfront Drive only PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. or the Administrative (:ode for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising 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) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their 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 staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D 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 "closed" when the petitioner withdraws the application through written notice or ceases to supply amendment or change, for a period of 6 months. An application deemed "closed" will not recei further processing and an application "closed" through inactivity shall be deemed withdrawn. A application deemed "closed" may be re -opened by submission of a new application, repayment all application fees and the grant of a determination of "sufficiency". Further review of the reque will be subiect to the then current code. 10/15/2017 Page 5 of 14 See Em.d ham T mdhy Flnn See E.0 ham Etic Fay — See Emeil hom Creiq amwn Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierzov.net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ® Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document Is available online at INSERT LINK. REQUIREMENTS III OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ✓ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 LJ List Identifying Owner and all parties of corporation 1 In/ Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1 ✓ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑✓ Statement of Utility Provisions 1 ✓ Environmental Data Requirements pursuant to LDC section 3.08.00 1 71 ✓ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study 1 Historical Survey 1L1r School Impact Analysis Application, if applicable 1 ✓ Electronic copy of all required documents 1 r Completed Exhibits A -F (see below for additional information)' ❑ Q ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) El E]❑ Checklist continues on next page Updated 2/01/2018 Page 9 of 11 See EmNl fmm Timothy — Finn Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT wwwxolliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239)252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 W' x 11" copy ❑ Utilities Engineering: Eric Fey ✓ Original PUD document/ordinance, and Master Plan 24" x 36" —Only if the PUD ElElAmending City of Naples: Robin Singer, Planning Director Other: Revised PUD document with changes crossed thru & underlined 1 ✓ Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal ,requirement *The following exhibits are to be completed on a separate document and attached to the application packet: Npiregmr"a Exhibit A: List of Permitted Uses �r phone Ii wHh Exhibit B: Development Standards T Fnn _ Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS— INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ✓ Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams & David Berra Emergency Management: Dan Summers LJ Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: ASSOCIATED FEES FOR APPLICATION V Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre - PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ✓ Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 - Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 Updated 2/01/2018 Page 10 of 11 Co ter county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT w"IIIer oy.net X Legal Advertising Fees: CCPC: $1,125.00 BCC; $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the S" and subsequent re -submittal will be accessed at 20% of the original fee. uyw1Y a�9mJ Lr WM F Scetlb Sarah E. Spector—,,,,.° 'ne xmmasvn �a.�s.osav Signature of Petitioner or Agent Sarah E. Spector Printed named of signing party 2/6/2018 Date 10/15/2017 Page 11 of 14 ATTACHMENT TO PUD AMENDMENT APPLICATION Applicant Contact Information Bayfront Gardens Homeowners Association, Inc. (as to Lots 11-33 Bayfront Gardens) c/o Vesta Property Services 27180 Bay Landing Drive, Suite 4, Bonita Springs, Florida 34135 Andrew M. Gross and Gina Leake (as to Lot 10 Bayfront Gardens) 242 Barefoot Beach Boulevard, Bonita Springs, FL 34134 Pro a Information Lot Number Address Acreage Parcel ID Owner and Percentage 10 242 Barefoot Beach —Ownership .30 23095001004 Andrew M. Gross and Boulevard Gina Leake Gross (Husband and Wife, 100%) 11 241 Bayfront Drive .24 23095001 I O l David G. Owens and Susan S. Owens (Husband and Wife, 100%) 12 and part 239 Bayfront Drive .17 23095001208 Donald Louis Foiani, 1I, oft 13 and Lucia Foiani (Husband and Wife, 100%) Remaining 237 Bayfront Drive .17 23095001305 William M. Tucker and part of 13 Maura Leahy -Tucker (Husband and Wife, 100%) 14 235 Bayfront Drive .25 23095001402 Joseph Tomarchio, Jr. and Mary Anna Tomarchio (Husband and Wife, 100%) 15 233 Bayfront Drive .25 23095001509 William M. Evans and Karen A. Evans (Husband and Wife, 100%) 16 231 Bayfront Drive .21 23095001606 Patrick J. Christensen, Trustee of the STN Personal Residence Trust —.20-23095001703 (100%) 17 229 Bayfront Drive Todd Parenteau, as Trustee of the WAWH BS Family Trust, dated December 21, 2016 (50%), Todd Parenteau, as Trustee of the WAW H MS Family Trust, dated 122292261 122292261 December 21, 2016 (50%) 18 225 Bayfront Drive .35 23095001800 R. Barry Stiger and Melinda P. Stiger, (Husband and Wife, 100%) 19 223 Bayfront Drive .23 23095001907 Bayfront Ventures, LLC (100%) 20 221 Bayfront Drive .19 23095002003 Brian E. Beasley (100%) 21 219 Bayfront Drive .21 23095002100 Gordon W. Goodier and Delores M. Goodier (Husband and Wife, 100%) Part of 22 217 Bayfront Drive .31 23095002207 Norman R. Alpert and Donna L. Alpert (Husband and Wife, 100%) Remaining 215 Bayfront Drive .44 23095002304 Keith M. Jacoby and part of 22 and Sharman P. Jacoby all of 23 (Husband and Wife, 100%) 24 213 Bayfront Drive .38 23095002401 T&V Bayfront Investments, LLC (100%) 25 211 Bayfront Drive .39 23095002508 David M. Kramer and Robin C. Kramer (Husband and Wife, 100%) 26 209 Bayfront Drive .35 23095002605 Breck J. Loos and Sheri L. Loos (Husband and Wife, 100%) 27 207 Bayfront Drive .39 23095002702 Bonnie L. White and Douglas Grant, Joint Tenants 100%) 28 and 29 205 Bayfront Drive .61 23095002809 Gregory M. Casey and Maryann Kriger, (Husband and Wife 100%) 30 and a part 195 Bayfront Drive .29 23095003002 Mary Ann Gibson, of 31 Trustee of the Mary Ann Gibson Amended and Restated Revocable Living Trust dated September 5, 1997 100% Remaining 191 Bayfront Drive .17 23095003109 GLG Waterfrong Builders part of 31 LLC (100%) 32 187 Bayfront Drive .35 23095003206 Chelu Barefoot, LLC 122292261 12229226 _1 (100%) 33 185 Bayfront Drive .36 23095003303 Ricardo N. Andisco, Trustee of the Ricardo N. Andisco Trust dated December 13, 2004 (50%) and Viviana Andisco, Trustee of the Viviana Andisco Trust dated December 13, 2004 (50%) TOTAL ACRES 6.81 12229226 _1 EVALUATION CRITERIA A. 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 proposed amendment to Collier County Ordinance 77-48, relative to the Lely Barefoot Beach Planned Unit Development (PUD), will allow for an increase in habitable floors on Tract 1 of the PUD, which was set aside for single or multi -family residential development. The PUD currently allows for two (2) habitable floors and the amendment will allow for three (3) habitable floors on Tract 1. The only other property within the PUD that allows for a maximum height of less than three (3) stories is Tract D, which was set aside for low-density single family residential development. The PUD currently allows for two (2) habitable floors on Tract D. Blocks A -K of Lely Barefoot Beach Unit One were also set aside for low-density single family residential development. The maximum habitable floors of dwellings located on Blocks A -K of Lely Barefoot Beach Unit One was increased from two (2) to three (3) by Collier County Ordinance 01-35. The following is a summary of the maximum habitable floors on all residential property within the PUD: PROPERTY PUD USE HABITABLE FLOORS Blocks A -K, Lely Barefoot Beach Unit Low -Density Single 3 One (PB 12, Pages 34-37) Family Tract D Low -Density Single 2 (Lely Barefoot Beach Unit Two Family (PB 15, 71-72)) Tract H Single or Multi -Family 4 Tract I Single or Multi -Family 2 Tract J Single Family 3 Lely Beach North Single or Multi -Family 6 (Portion of Lely Barefoot Beach Unit Three (PB 16, Pages 55-58)) Lely Beach South DC -I and DC -2 Low to Mid -Rise, 6 (Portion of Lely Barefoot Beach Unit Four Single or Multi -Family (PB 17, Pages 5-6)) Lely Beach South DC -3 and DC -4 Low to Mid -Rise, 5 Single or Multi -Family Based on the foregoing, an additional habitable floor is consistent with similar uses within the PUD and with the surrounding property within the PUD. The proposed amendment will not affect traffic and access, drainage, sewer, water or other utilities. B. 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 request made by this application pertains to Tract 1, as shown on the PUD Master Site Plan. Tract I has since been subdivided into Lot 10 through Lot 33 of the Bayfront Gardens subdivision plat, recorded in Plat Book 14, Pages 114-117 of the Public Records of Collier County, Florida (the "Plat"). The applicants on this request are the Bayfront Gardens Homeowners' Association, Inc., as to Lot 1 I through Lot 33 of the Plat, and Andrew M. Gross and Gina Leake Gross, (collectively "Gross") as to Lot 10 of the Plat. The Association is the homeowners' association responsible for the operation of Lot I 1 through Lot 33. Gross is joining in as the owner of Lot 10, which, together with Lot I through Lot 9 of the Plat (not subject to this request for amendment), is operated by the Bayside at Barefoot Beach Homeowners' Association, inc. The proposed amendment of the PUD will only affect privately -owned residential lots, and the maintenance of these lots will not be affected. Rather, the pre-existing agreement for maintenance by the lot owners and the relevant homeowners' association will continue. As such, no covenants are proposed to be adopted or amended in connection with the requested change. C. 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.) Pursuant to Policy 5.6 of the Future Land Use Element, new developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code. As set forth in detail above, the proposed amendment is compatible with, and complementary to, the surrounding land uses. Tract t is located in an Urban designated area on the Future Land Use Map and has been placed in an Urban Residential Subdistrict. It is intended that Urban designated areas accommodate the majority of population growth and, thus, residential uses, and that new intensive land uses be located within them. The Urban Residential Subdistrict's purpose is to provide for higher densities in areas with fewer natural resource constraints and where existing and planned public facilities are concentrated. Maximum eligible residential density within the Urban Residential Subdistrict shall not exceed 16 dwelling units. The public facilities are already present on the property and no additional facilities will be needed to accommodate single family dwelling units with an additional habitable floor. Furthermore, the proposed amendment will not increase the current density. Tract I is also located within a Coastal High Hazard Area. The objectives of the Conservation and Coastal Land Use Element will not be affected by the proposed amendment as there will be no increase in density and the existing setback requirements are not changing. Rather, the only change contemplated by the amendment is to allow for the construction of one (I) additional habitable floor. D. 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 only change set forth in the proposed amendment is to increase the maximum habitable floors from two (2) to three (3) on Tract I; the current residential use will not be affected. As set forth in detail above, an additional habitable floor is consistent with similar uses within the PUD and with the surrounding property within the PUD. E. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed amendment will not change the amount of useable open space. F. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. No public or private improvements are required for the proposed amendment. As no new units are proposed, there are no additional transportation needs or impacts. G. The ability of the subject property and of surrounding areas to accommodate expansion. The proposed amendment does not increase density or lot coverage of the applicable lots. Rather, if approved, it will only allow for an increase in improvement height in line with the maximum height regulations applicable to surrounding properties, as more fully discussed above. H. 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 a literal application of such regulations. The proposed amendment is consistent with all applicable provisions of the Collier county planned unit development regulations and those of the Collier County Land Development code. 12211679 4 136006.0002 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. **SEE ATTACHED TABLE FOR ALL OWNERSHIP INFORMATION 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. Please complete the following, use additional sheets if necessary. 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 C. percentage of such interest: Name and Address % of Ownership 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 If the property is in the name of a TRUSTEE list the beneficiaries of the trust with the percentage or interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net H e. f. g C46 County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the enerai ana/or nmiteo partners: Name and Address % of Ownership 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, beneticianes, or partners: Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or R Date subject property acquired ❑ Leased: Term of lease , or trust: Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Date option terminates: Anticipated closing date: Co ie v County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 or AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other Interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 I' ) id Agent/Owner Signature Date Sarah E. Spector Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 ATTACHMENT TO PUD AMENDMENT APPLICATION Applicant Contact Information Bayfront Gardens Homeowners Association, Inc. (as to Lots 1 1-33 Bayfront Gardens) c/o Vesta Property Services 27180 Bay Landing Drive, Suite 4, Bonita Springs, Florida 34135 Andrew M. Gross and Gina Leake (as to Lot 10 Bayfront Gardens) 242 Barefoot Beach Boulevard, Bonita Springs, FL 34134 Property Information Lot Number Address Acreage Parcel ID Owner and Percentage Ownership 10 242 Barefoot Beach .30 23095001004 Andrew M. Gross and Boulevard Gina Leake Gross (Husband and Wife, 100%) 11 241 Bayfront Drive .24 23095001 101 David G. Owens and Susan S. Owens (Husband and Wife, 100%) 12 and part 239 Bayfront Drive .17 23095001208 Donald Louis Foiani, Il, oft 13 and Lucia Foiani (Husband and Wife, 100%) Remaining 237 Bayfront Drive .17 23095001305 William M. Tucker and part of 13 Maura Leahy -Tucker (Husband and Wife, 100%) 14 235 Bayfront Drive .25 23095001402 Joseph Tomarchio, Jr. and Mary Anna Tomarchio (Husband and Wife, 100%) 15 233 Bayfront Drive .25 23095001509 William M. Evans and Karen A. Evans (Husband and Wife, 100%) 16 231 Bayfront Drive .21 23095001606 Patrick J. Christensen, Trustee of the STN Personal Residence Trust (100%) 17 229 Bayfront Drive .20 23095001703 Todd Parenteau, as Trustee of the WAWH BS Family Trust, dated December 21, 2016 (50%), Todd Parenteau, as Trustee of the WAWH MS Family Trust, dated 122292261 12229226 1 December 21, 2016 (50%) 18 225 Bayfront Drive .35 23095001800 R. Barry Stiger and Melinda P. Stiger, (Husband and Wife, 100%) 19 223 Bayfront Drive .23 23095001907 Bayfront Ventures, LLC (100%) 20 221 Bayfront Drive .19 23095002003 Brian E. Beasley (100%) 21 219 Bayfront Drive .21 23095002100 Gordon W. Goodier and Delores M. Goodier (Husband and Wife, 100%) Part of 22 217 Bayfront Drive .31 23095002207 Norman R. Alpert and Donna L. Alpert (Husband and Wife, 100%) Remaining 215 Bayfront Drive 44 23095002304 Keith M. Jacoby and part of 22 and Shannan P. Jacoby all of 23 (Husband and Wife, 100% 24 213 Bayfront Drive .38 23095002401 T&V Bayfront Investments, LLC (100%) 25 211 Bayfront Drive .39 23095002508 David M. Kramer and Robin C. Kramer (Husband and Wife, 100%) 26 209 Bayfront Drive 35 23095002605 Breck J. Loos and Sheri L. Loos (Husband and Wife, 100°/x) 27 207 Bayfront Drive .39 23095002702 Bonnie L. White and Douglas Grant, Joint Tenants (100%) 28 and 29 205 Bayfront Drive .61 23095002809 Gregory M. Casey and Maryann Kriger, (Husband and Wife 100%) 30 and a part 195 Bayfront Drive .29 23095003002 Mary Ann Gibson, of 3 I Trustee of the Mary Ann Gibson Amended and Restated Revocable Living Trust dated September 5, 1997 (100% Remaining 191 Bayfront Drive .17 23095003109 GLG Waterfrong Builders part of 31 LLC (100%) 32 187 Bay -front Drive .35 23095003206 Chelu Barefoot, LLC 12229226 1 122292261 (100%) 33 185 Bayfront Drive .36 23095003303 Ricardo N. Andisco, Trustee of the Ricardo N. Andisco Trust dated December 13, 2004 (50%) and Viviana Andisco, Trustee of the Viviana Andisco Trust dated December 13, 2004 (50% TOTAL ACRES 6.81 122292261 SECRETARY'S CERTIFICATE AS TO VOTE THE UNDERSIGNED, being the duly elected and acting Secretary of Bayfront Gardens Homeowners Association, Inc., a Florida corporation, not for profit (the "Association"), does hereby certify that at the duly noticed annual meeting held on March 10, 2018, at which a quorum was established, the members of the Association unanimously approved the following: That the Lely Barefoot Beach Planned Unit Development Ordinance (the "PUD") should be amended to change the restriction on Tract "I" of the PUD from two habitable floors to three habitable floors and that where the first habitable floor is raised a sufficient height above ground level to permit the underbuilding area to be used for automobile parking and other utilitarian purposes, the underbuilding area shall not be deemed to be a story. WITNESSES: ✓ Its: Secretary p (CORPORATE SEAL) Print Name: (ZpF' /} r1Q AL1 STATE OF PL COUNTY OF _i, ee_ The foregoing instrument was acknowledged before me this s6 day of lllcurh 2018, by 2� < -, as Secretary of Bayfront Gardens Homeowners Association, Inc., a Florida co M ration, not for profit, who ( )C ) is personally known to me or ( ) has produced as identification and acknowledged executing the same under authority vested in him/her by said corporation and the seal affixed thereto is the seal of said corporation. i Notary Public Print Name: My Commission Expires: KAILIN FRANCIS MY COMMISSION #GG141792 EXPIRES: SEP O6, 2021 „,,... Bonded through let Stale Insurance 12414007 _I 136006,0002 EXHIBIT A Legal Description Lots 10-33, Bayfront Gardens, according to the Plat thereof recorded in Plat Book 14, Pages 114 through 117, inclusive, of the Public Records of Lee County, Florida. 12239749 1 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20170004421 I, Giro Leake Grove (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant [ contract: purchaser and that: 1. I have full authority, to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize sapioE Spector. Fag 4nd ?4bCr{ D, FZe'f/'� fs!7 to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • Ir the applicant is a corporation, then it is usually executed by the corp, pros. or v. pines. • If the applicant is a Limited liability Company (L.L.C.) or Limited Company (LC.), then the documents should typically be signed by the Company's 'Managing Member.' • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words 'as trustee'. • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the}}Vitfacts stated in it are We. / �l)a_ aC L AA Ss a// lO Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was swom to (or affirmed) and subscribed before me on �- ) (date) by Gine Leake Groes (name of person providing oath or Rmation), as who is personally known to me or, who hasp uced L (type of iderdificatfon) as identlficabon. srAatvnt€A4,,y,rl, — Signature oTNotery Ptiblic ftA11C1Q RAI11Rt2 ' ilotalY Public tate of Florida y Commis Ion 'FF922304 Fiq Cormn. Expires Sep 20.2019 4 CTOM-C.OAJer IMI 515 REV JV24114 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20170004421 1. Mdmw M. GI9ss (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant =y contract purchaserlland that t, 1 have full authority to secure the approvel(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. p S. Well authorize Sumh E SpeClm, Esq. And QpIxY} Q F'rrit.ei�. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: . If the applicant is a corporation, then It is usually executed by the corp. pros. or v. pros. . If the applicant is a Limited Liability Company (L.L.0 ) or Limited Company (L. C.), then the documents should typically be signed by the Company's `Managing Member" . If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. . If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. . If the applicant is a trust, then they must include the trustee's name and the words "as trustee". . In each instance, first determine the applicant's status, eg., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties o u "declare that I have read the foregoing Affidavit of Authorization and that the facts s In it t, rue. Signature Date STATE OF FLORIDA COUNTY OF COLLIER y� The foregoing instrument was sworn to (or affirmed) and subscribed before me on ' I" (date) by Andrew M. Glass (name of person providing oath or affjrmab n), as who is personally known to me or77-77� (type of identification) as identification. STAMFr$EAL, _ _ SignatureFof Notary Public MAURIC10 RAb11REZ I ,( Notary Public - State of Florida Cammission # FF 922384 '•,;or pp;" My Cornm. Eepiros Sep 29, 2019 CP\e8-COA40I Isu1 REV 3124/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20170004421 I, Susan Owens (print name), as President (title, if applicable) of Bayfront Gardens Homeowners Association, Inc (company, Ifap licable), swear or affirm under oath, that I am the (choose one) owner= applicant✓ contract purchaserr7and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and.any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. gnd Q 5. Well authorize saran E. Spector. Esq,obs+'t Pnai,Q54• to act as ourimy representative in any matters regarding this petition including 1 through 2 above, 4(AKIi 'Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. orv. pros. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (LC.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner' of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then rise the appropriate rormat for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. -id t Signature STATE OF COUNTY OF 2 iV/(P Date The foregoing instrument was sworn to (or affirmed) and subscribed before me on ZD (date) by Susan Owens (name of person providing oath or affirmation), as President who is personally known to me or who has produced Fl. Ur'LWS lse— (type L(type of identification) as identification. STAMPISEAL, .yy«. SARAH GRIEB ` MY COMMISSION p GG 088642 r r EXPIRES'. April 14. 2021 Bonded 1nN Notary Publw JrAerm� CF48-CUA-00115%155 81:V J/24114 t., ROETZEL 2320 First Street Suite 1000 Fort Myers, FL 33901 DIRECT DIAL 239.338.4213 PHONE 239.337.3850 FAx 239.337.0970 sspector@ralaw.com WWWRALAW.COM June 6, 2018 Collier County Planning Services Growth Management Department 2800 Horseshoe Drive N. Naples, Florida 34104-6917 Re: Lely Barefoot Beach PUD Amendment Request (PL20170004421)/Neighborhood Information Meeting Summary Dear Ladies and Gentleman: Please accept this letter, together with its enclosures, as a summary of the Neighborhood Information Meeting relative to the Lely Barefoot Beach PUD Amendment Request (PL20170004421) (the "Request"), the details of which are as follows: Date: May 22, 2018 Time: 5:30 P.M. Location: Club at Barefoot Beach 105 Shell Drive Bonita Springs, FL 34134 Handouts: See PowerPoint presentation attached hereto as Exhibit "A" Attendees: See sign -in sheet attached hereto as Exhibit `B" The following is a synopsis of questions asked and answered at the Neighborhood Information Meeting. Please see the meeting transcript attached hereto as Exhibit "C" for a full discussion. 1. Barry Stiger, 225 Bayfront Drive Bonita Springs, FL 34134 Q: What is the side yard setback applicable to Tract H? A: 7 %2 feet or 1/2 the building height, whichever is greater. (Transcript Page 8, Line 11 through Page 11, Line 13) ROETZEL R ANDRESS CHICAGO WASHINGTON, D.C. CLEVELAND TOLEDO AKRON A LEGAL PROFESSIONAL ASSOCIATION COLUMBUS CINCINNATI ORLANDO FORTMVERS NAPLES Collier County Planning Services Growth Management Department Page 2 2. Bary Stiger, 225 Bayfront Drive, Bonita Springs, FL 34134 Q: Are there other height restrictions set forth in the Lely Barefoot Beach PUD? A: Yes, there is a seventy foot (70') height limitation imposed on Tract J by Ordinance 06- 22.1 (Transcript Page 11, Line 14 through Page 12, Line 15) 3. Barry Stiger, 225 Bayfront Drive, Bonita Springs, FL 34134 Q: Are Blocks A -K, Lely Barefoot Beach Unit One (PB 12, Pages 34-37) subject to the same height and setback restrictions as what is proposed for Bayfront Gardens? A: The maximum building height is three (3) stories and the side setback from adjacent properties is 7'/z feet. (Transcript Page 14, Line 22 through Page 16, Line 3) 4. Susan Owens, 225 Bayfront Drive, Bonita Springs, FL 34134 Q: What is the next step in the process? A: Staff will prepare a report summarizing the request, which will include a recommendation regarding approval. There will be a public hearing before the Planning Commission. The Planning Commission will make a recommendation to the Board of County Commissioners whether to approve or disapprove the request. There will then be a public hearing before the Board of County Commissioners. (Transcript Page 16, Line 4 through Page 17, Line 7) Barry Stiger, 225 Bayfront Drive, Bonita Springs, FL 34134 Q: Will the request prohibit a homeowners' or condominium association from imposing additional restrictions relative to color and other design features? A: No. (Transcript Page 17, Line 7 through Page 17, Line 19) ' I misspoke in response to this question, which was due to an oversight. Ordinance 85-83 provides that, as to the low density, single family residential section of Lely Barefoot Beach, the maximum height is "[t]wo stories above the minimum base flood elevation required by the floor [sic] elevations ordinance." This was then amended by Ordinance 0 1-3 5 as follows: 4Y*�Three stories with a maximum highest point of roof to be 70 -feet NGVD including decorative elements, but excluding chimneys. As you will note, the strikethrough/underline language indicates that only the number of stories was changed, and this was the only change I noted. However, it appears the remainder of the sentence was amended even though it is not shown in aiktthko�4 underline format. I have sent those who were in attendance at the Neighborhood htformation Meeting an e-mail correcting my statement. A copy of this e-mail is attached hereto as Exhibit "D." Collier County Planning Services Growth Management Department Page 3 In light of the support received from those in attendance, no commitments relative to the request were made to Timothy Finn, the assigned planner, at the Neighborhood Information Meeting. Very truly yours, ROETZEL & ANDRESS, LPA /cIA"it I Sarah E. Spector Enclosures (as stated) cc: Traci G. Kautzman, Manager of Bayfront Ventures, LLC (via e-mail only w/ enc.) Bayfront Gardens Homeowners Association, Inc. (via e-mail only w/ enc.) Andrew M. Gross and Gina Leake Gross (via e-mail only w/ enc.) 126922321 '0" ROETZEL Lely Barefoot Beach PUD Amendment Request (PL20170004421) Neighborhood Information Meeting Tuesday, May 22, 2018 • 5:30 P.M. Club at Barefoot Beach • 105 Shell Drive • Bonita Springs, FL 34134 n Rnntml 2, Aw,d.e« 1 on �nl o Exhibit A Page 1 of 20 Subject Property lb OAA# sa�w ^m . ar Subject Property C 10 ROETZEL FOCUSED ON WHAT MATTERS TO YOU BAYFRONT GARDENS A SUBDIVISION LYING IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PLAT BOOK 14, PAGES 114 THROUGH 117 OF THE COLLIER COUNTYPUBLIC RECORDS SHEET INDEX MAP N O O P� _ I, -INIIA fd I LAY I I� I �� LOCATION i r - I N O O P� LOCATION MAP RALAW.COM 4 Exhibit A Page 4 of 20 II'n. fd I LOCATION MAP RALAW.COM 4 Exhibit A Page 4 of 20 ROETZEL FOCUSED ON WHAT MATTERS TO YOU • Lot 10 — Andrew M. Gross and Gina Leake Gross, Members of Bayside at Barefoot Beach Homeowners Association, Inc. Lots 11-33 — Bayfront Gardens Homeowners Association, Inc. RALAW.COM g Exhibit A Page 5 of 20 ROETZEL FOCUSED ON WHAT MATTERS TO YOU RALAW.COM 4ci.rae. 01 8e[1— e. 6.: ane 8 anwnanlp La A, Rany. 95 E - c. La eavcl>. awls. lau .ae mrwP e.an aeoi'mu f �_ I ptl-1 TP.CT 'lE Y PEeliM p 5 Exhibit A Page 6 of 20 -I p ifl FLl I \\1 I JJ r y I I .�. .. ...� I� .igACr .,_.. RALAW.COM 4ci.rae. 01 8e[1— e. 6.: ane 8 anwnanlp La A, Rany. 95 E - c. La eavcl>. awls. lau .ae mrwP e.an aeoi'mu f �_ I ptl-1 TP.CT 'lE Y PEeliM p 5 Exhibit A Page 6 of 20 &*r ROETZEL 01 FOCUSED ON WHAT MATTERS TO YOU The Lely Barefoot Beach Planned Unit Development ordinance (Collier County Ordinance 77-48) was adopted on September 27, 1977. Thereafter, the following amendments were adopted: 85-21 June 4, 1985 Wholesale amendment of original ordinance 85-83 December 17, 1985 Rename and redefine certain development tracts and address fractionalization and site plan approval 87-53 July 21, 1987 Increase maximum project density 88-63 August 2, 1988 Reduce setback from Anguilla Lane 94-28 May 24, 1994 Limit side setbacks for lots within Bayfront Gardens subdivision to 7.5' (eliminating option of % the building height) 01-35 June 26, 2001 Increase maximum height from 2 to 3 stories for lots located in Blocks A through K of Lely Barefoot Beach Unit #1 (Low -Density Single Family) 06-22 May 23, 2006 Change the permitted land uses on Tract J from utility facilities to single- family residential and add development regulations 11-04 February 22, 2011 Increase maximum dwelling units for lots located in Blocks A through K of Lely Barefoot Beach Unit #1; decrease maximum dwelling units for DC -1 RALAW.COM 7 Exhibit A Page 7 of 20 ROETZEL FOCUSED ON WHAT MATTERS TO YOU 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) 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) 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 (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. (4) Docks, either individual or common RALAW.COM 8 Exhibit A Page 8 of 20 ROETZEL FOCUSED ON WHAT MATTERS TO YOU 30 units, but the maximum number of dwelling units may be increased, provided that the gross project dwelling unit maximum of 690 units is not exceeded. RALAW.COM 9 Exhibit A Page 9 of 20 ROETZEL 01 FOCUSED ON WHAT MATTERS TO YOU 10.5.1 GENERAL: All yards, setbacks, etc. shall be in relation to the individual tract or parcel boundaries. 10.5.2 MINIMUM LOT AREA: 6,000 square feet for detached single family dwellings 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 10.5.3 MINIMUM LOT WIDTH: 60 feet for single family dwellings; 100 feet for two or more family dwellings; 10.5.4 MINIMUM LOT YARDS: A. Yards which abut Lely Beach Boulevard: 25 feet. Required yards abutting Lely Beach Boulevard are also easements within which utilities, walkways, etc. may be installed. RALAW.COM 10 Exhibit A Page 10 of 20 f ROETZEL FOCUSED ON WHAT MATTERS TO YOU B. Yards which abut a public or private street right-of-way other than Lely Beach Boulevard: 10 feet or % the building height, whichever is greater. C. Yards which abut an adjoining homesite: 7 % feet or 1/2 the building height, whichever is greater, except for Bayfront Gardens Subdivision, as recorded in P.B. 14, Pg. 114-117, Public Records of Collier County: 7 % feet. D. Yards between adjoining buildings on the same site: 15 feet or % 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 appropriate Collier County agency, separation between buildings may be less. E. Yards which abut beachfront common open space: none. F. Waterfrontyards other than gulf front: 30 feet or % the building height, whichever is greater. G. Rear yards other than waterfront: 25 feet or % the building height, whichever is greater. RALAW.COM 11 Exhibit A Page 11 of 20 10 ROETZEL FOCUSED ON WHAT MATTERS TO YOU 10.5.5 MINIMUM DWELLING UNIT FLOOR AREA: Each residential unit shall have a minimum floor area of 1,200 square feet. 10.5.6 MAXIMUM BUILDING HEIGHT: A. Tract H: four habitable floors, with the option of having one floor of parking and associated non -habitable utilitarian space beneath the first habitable floor. B. Tract I: two habitable floors, with the option of having one floor of parking and associated non -habitable utilitarian space beneath the first habitable floor. 10.5.7 OFFSTREET PARKING REQUIREMENTS: As required by Collier County regulations in affect at the time permits are sought. 10.5.8 STRUCTURAL REQUIREMENTS FOR BEACH FRONT 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 as contained in Coastal Setback Line Variance #74-75-V 40. RALAW.COM 12 Exhibit A Page 12 of 20 ROETZEL FOCUSED ON WHAT MATTERS TO YOU AMENDMENT TO MAXIMUM BUILDING HEIGHT SUBSECTION OF TRACTS H AND I, SINGLE OR MULTI -FAMILY RESIDENTIAL DEVELOPMENT SECTION OF LELY BAREFOOT BEACH PUD 10.5.6. MAXIMUM BUILDING HEIGHT: A. Tract H: four habitable floors, with the option of having one floor of parking and associated non -habitable utilitarian space beneath the first habitable floor. B. Tract I: twe-three habitable floors, with the option of having one floor of parking and associated non -habitable utilitarian space beneath the first habitable floor. NO CHANGE IN USES, DENSITY, MASTER CONCEPT PLAN OR DEVELOPMENT REGULATIONS OTHER THAN MAXIMUM BUILDING HEIGHT RALAW.COM 13 Exhibit A Page 13 of 20 Comparison of PUD Maximum Habitable Floors PROPERTY Blocks A -K, Lely Barefoot Beach Unit One (PB 12, Pages 34-37) Tract D (Lely Barefoot Beach Unit Two (PB 15, 71-72)) Tract H Tract I Tract J Lely Beach North (Portion of Lely Barefoot Beach Unit Three (PB 16, Pages 55-58)) Lely Beach South DC -1 and DC -2 (Portion of Lely Barefoot Beach Unit Four (PB 17, Pages 5-6)) Lely Beach South DC -3 and DC -4 PUD USE HABITABLE FLOORS Low -Density Single Family 1 2 Single or Multi -Family 1 2 ROETZEL FOCUSED ON WHAT MATTERS TO YOU I P.U.D. MAST.-- PLAN TRACTS TRACT D t RP ------ - N ;iFLO RS loc- 1A. G , j f , F M -, , RALAW.COM 15 Exhibit A Page 15 of 20 - 1. 1. -d J z FLOORS, p I w,� T F 7 TRAG I t RP ------ - N ;iFLO RS loc- 1A. G , j f , F M -, , RALAW.COM 15 Exhibit A Page 15 of 20 ROETZEL FOCUSED ON WHAT MATTERS TO YOU l Li ie i11_M 4 FLOORS L L RUD.. MIAMI PL; -I1 = TRACT I TRACT H LELY BEACH NORTH II TR I I I 1117, JTIACT ... ULYX�, it 9f 10 4 I 19 6L entlp RALAWCOM i6 Exhibit A Page 16 of 20 � ROETZEL FOCUSED ON WHAT MATTERS TO YOU 4_II�3AfF- �EACH UD, PLAM 2 FLOORS O3 FLOORS 4 FLOORS �✓ ` _ 5 FLOORS 6 FLOORS 5,C r ane e nl>. a P e P. a e. tf 5 FI I,a \ I ' e :ua n me Pecr.arc! 1 r •n ncd..e m.. _.. __ naii�ll.l_pi n..GNS�EID'_... taaci YEyy_p.l I c G RALAW.C®M � � rzeCi 17 Exhibit A Page 17 of 20 ROETZEL FOCUSED ON WHAT MATTERS TO YOU Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). RALAW.COM 18 Exhibit A Page 18 of 20 ROETZEL FOCUSED ON WHAT MATTERS TO YOU I. URBAN DESIGNATION Urban designated areas on the Future Land Use Map include two general portions of Collier County; areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban designated areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban area will accommodate residential uses and a variety of non-residential uses. The Urban designated area, which includes Immokalee, Copeland, Plantation Island, Chokoloskee, Port of the Islands, and Goodiand, in addition to the greater Naples area, represents less than 10% of Collier County's land area. A. Urban Mixed Use District This District, which represents, approximately 116,000 acres, is, intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. 1. Urban Residential Subdistrict The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public Facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 60% of the Urban Mixed Use District_ Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Tra nsfer of Development Rights Section of the Land Development Code. RALAW.COM 19 Exhibit A Page 19 of 20 ROETZEL FOCUSED ON WHAT MATTERS TO YOU Sarah E. Spector 850 Park Shore Drive Trianon Center — 3rd Floor Naples, FL 34103 239.337.3850 sspector@ralaw.com © Roetzel & Andress LPA 2018 Exhibit A Page 20 of 20 LELY BAREFOOT BEACH PUD AMENDMENT REQUEST (PL20170004421) NEIGHBORHOOD INFORMATION MEETING Tuesday, May 22, 2018 — 5:30 P.M. Full Name .10 Barefoot Beach Address S"O E -bail Address a•-� �wenS `{/ �4 <i2ri -DK. Jos o ✓r �-� sal/3 ✓t lCe +`-7�&°Cc 223 `'`C �/� cG O �� P •_1- S�n,c l�r; —`'iJ ' �J b'�11 L/Z C{°w.fi LA!- 11886112Exhibit B_1 PERSON.196 . Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 LELY BAREFOOT BEACH PUD AMENDMENT REQUEST (PL20170004421) NEIGHBORHOOD INFORMATION MEETING TRANSCRIPT OF VIDEOTAPED PROCEEDINGS Pages 1 through 20 22nd day of May, 2018 Commencing at 5:30 p.m. Club at Barefoot Beach 105 Shell Drive Bonita Springs, Florida 34134 Stenographically reported by: Janice R. Maline, Court Reporter U.S. LEGAL SUPPORT www.uslegalsupport.com Exhibit C Page 1 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 APPEARANCES: On behalf of Andrew M. Gross, Gina Leake Gross and Bayfront Gardens Homeowners Association: By: SARAH E. SPECTOR, ESQUIRE MARK J. PRICE, ESQUIRE Roetzel & Andress, LPA Trianon Centre - Third Floor 850 Park Shore Drive Naples, Florida 34103 239.649.2716 sspector@ralaw.com mprice@ralaw.com On behalf of Collier County, Florida: BY: Timothy Finn, AICP, Principal Planner Collier County Zoning Services Section 2800 North Horseshoe Drive Naples, Florida 34104 Also Present: Alan James, Videographer, U.S. Legal Support, Inc. Mike Kautzman Traci Kautzman Susan Owens Michael Stein Barry Stiger Lynn Stiger Joseph Tomarchio, Jr. Certificate of Reporter: U.S. LEGAL SUPPORT www.uslegalsupport.com 20 Exhibit C Page 2 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 Thereupon, 3 MS. SPECTOR: I am Sarah Spector. I'm an attorney with Roetzel and Andress. We are here to present the Request to Amend the Lely Barefoot Beach PUD, and I wanted to show you -- we had some questions about where the property was located. This is an overall aerial of the area, and the property is highlighted in yellow (indicating), it should be on the TV, but in yellow are the lots that we are talking about, and that is a closer view of those lots. As you'll see it does go -- I'll show you this in a minute, but this is all of Bayfront Gardens, and then we've got one in Barefoot Beach. So this is Bayfront Gardens. Actually, all of that, that is along Barefoot Beach and everything that goes up Bayfront Drive, is part of the Bayfront Gardens Subdivision as platted. We are only talking about lots 10 through 33, and the reason for that is that these are the applicants. The -- Andrew Gross and Gina Gross are members of the Bayside at Barefoot Beach Homeowners Association. They are the one lot that is outside the Bayfront Gardens Homeowners Association, that's U.S. LEGAL SUPPORT www.uslegalsupport.com Exhibit C Page 3 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 our second applicant. The reason why we have split it up that way is that the Lely Barefoot Beach PUD has identified the properties a little bit differently than they have been subdivided. Tract I is the property we are actually dealing with, and Tract I includes Lot 10, which is why we're going a little bit outside of Bayfront Gardens, just so that it's easier to amend all of Tract I, rather than Tract I, minus Lot 10. So the Lely Barefoot Beach PUD was originally adopted in 1977. It's been amended a few times since then, and in your PowerPoint you'll see up here, I've gone through the amendments. There haven't been a whole lot of amendments. There have been some. There was an increase from two to three feet. There's only one -- there was a change in 2006, where there was a change from a utility site to a single-family site on Tract J. Tract J is actually the only tract within the planned unit development that has a height restriction. Everything else is by floors. Tract J is 70 feet in height. As regards this Tract I, I've set forth everything that can be U.S. LEGAL SUPPORT www.uslegalsupport.com I Exhibit C Page 4 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 developed on that tract, and as you'll see, it's a range of single, multifamily residential uses and accessory uses that are permitted. There's a maximum of 30 units. Tract I only has 24. We're not going for a change in that density. And then these are the development regulations. We're not changing any of these development regulations, such as the minimum lot area, minimum lot width, minimum lot yards, the setbacks. The only thing we are asking for a change in is the habitable floors. We would like to go from two to three habitable floors. As you'll notice, this section also addresses Tract H, which I'll show you in a second. Tract H actually already allows for four habitable floors. So as I mentioned, our request is to amend the PUD ordinance and it's a simple one -word change from two to three. As I mentioned we're not changing any uses, density, the master concept plan, and the only development regulation we're changing is the maximum building height. I've gone through, and this is a summary of all of the residential development within the Lely Barefoot Beach Development, and as you will see, U.S. LEGAL SUPPORT www.uslegalsupport.com 5 Exhibit C Page 5 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 there is only one other tract that is limited to two buildable feet -- sorry -- two buildable stories, and that is Tract D, which I'll show you in one second. Everything else is at least three, all the way up to six feet permitted -- or six buildable floors. So I mentioned there's only one other tract that is limited to two floors, and it's this small little tract right here (indicating), and then this is Tract I again. As I mentioned, Tract I allows for single and multifamily development. These are the two other tracts within Lely Barefoot Beach that allow for single or multifamily development; the same type of development allowed on Tract I. And as you'll see, Tract H, where the rest of Bayfront Gardens is, is four floors, and then you have Lely Beach North, which is six floors, and then this is a summary of all of the development, residential development within the property, and the allowable floors. As you'll note, two is the lowest, going all the way up to six. So what's in yellow is the only tracts within Lely Barefoot Beach for residential that only allows for two habitable U.S. LEGAL SUPPORT www.uslegalsupport.com I Exhibit C Page 6 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 floors. One thing that we need to show in our application is that we are consistent with the Growth Management Plan, and this is addressing new developments, but it says new development shall be compatible with and complementary to surrounding land uses. So that's one thing we need to show that we are compatible, that we complied with. We are within the urban residential subdistrict -- MR. STIGER: That is an existing regulation? MS. SPECTOR: This is -- the Growth Management Plan is -- we're asking for change to the zoning. The Growth Management Plan is a future land use. So this actually determines what you can do into the future, and you would actually have to go to the State if you wanted to change anything here. So this is just saying in the urban residential subdistrict that these are the -- the restrictions that are placed on that property. So as you can see it's just to accommodate intensive land uses located within the area, and it's areas with fewer natural resource constraints and where public facilities are already located. And that's is the entire presentation. It's a pretty simple change. Do I have any questions? U.S. LEGAL SUPPORT www.uslegalsupport.com 7 Exhibit C Page 7 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 And if you do have questions, if when you stand up you can state your name, so we can get it with the court reporter, and I just wanted to let you know the reason we have a court reporter and videographer here, is because it is a County requirement. So nothing special about this, other than we need to tell the County what questions were asked and what the answers given were, so I'm sorry. Go ahead. MR. STIGER: Yes. I'm Barry Stiger. I think Tract H has side yard requirements of -- is it 7.5 feet, or one-half of the building height? MS. OWENS: 7.5 feet -- MR. STIGER: Ours is 7.5 feet period. MS. SPECTOR: Yes, and that applies to I as well, and we're not asking to change that. MR. STIGER: Okay. But H which has the four-story limitation, in effect regulates height by making the side yards greater, because the side yards in H, which is South Port, and the east side Barefoot Beach Boulevard, has greater side yard requirements, does it not? MS. SPECTOR: It does not. H and I have the same side yard requirements, 7.5 feet or half the U.S. LEGAL SUPPORT www.uslegalsupport.com I Exhibit C Page 8 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 building height. MR. STIGER: Well, I don't think I does. I don't think I has half the building height in its regulation. MS. SPECTOR: This is from the PUD ordinance. MR. STIGER: Because if that's so, every house in I is in violation. MS. OWENS: It's only one-half of the last Beach Gardens. Is that what you're referring to, the last Beach Gardens? MS. SPECTOR: Yeah, these regulations apply to both H and I. MR. STIGER: I don't think that's accurate. MS. OWENS: I don't think it is either. MS. SPECTOR: I do have the ordinances with me, so let me just make sure. MS. OWENS: H, which is South Port, they have a different formula for the side yards than we do. Ours is 7.5 on each side, but I do believe South Port has a different calculation. MR. STIGER: It's the greater of 7.5 or half the building height. MS. SPECTOR: Right, which is -- which is what I have as the building regulations for H and I. U.S. LEGAL SUPPORT www.uslegalsupport.com I Exhibit C Page 9 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 MR. STIGER: I don't think that -- I don't think half the building height is in the I regulations, but you may be right. I may be wrong. MS. OWENS: As far as I know it's 7.5 without half the building height, but you can check that if you have it in front of you. MS. SPECTOR: I should be able to find it here. MS. OWENS: What's your point? MR. STIGER: Well, it's just a point of information. It just means that the density, if those side yards are really complied with in South Port, makes the South Port density -- our density potentially a lot greater than South Port, you know; whether that's good, bad or indifferent. It's just a point of information. MS. SPECTOR: And I'm looking at the provision that deals -- this is Section 10, which deals with Tracts H and I, single or multifamily residential development. The only difference between the two is as I pointed out, with four buildable stories allowed in H, and only two allowed in I. MS. OWENS: Could it be that the HOA has made U.S. LEGAL SUPPORT www.uslegalsupport.com 10 Exhibit C Page 10 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 further restrictions on this? MS. SPECTOR: It is possible, but it does say what -- the PUD ordinance already says what you had thought it had said, but it could -- yes, you could have greater setbacks. You can't have lesser setbacks, but you can have greater setbacks than what the County requires. MS. OWENS: That could be what's happening. MS. SPECTOR: That is possible. The County won't enforce those, but your HOA would. MR. STIGER: Well, I'll send you the ordinance that I'm referring to. MS. SPECTOR: Okay. Please do. MR. STIGER: Now, another question, you said throughout Barefoot Beach there is no actual height limitations except by stories? MS. SPECTOR: Except for on that one parcel. MR. STIGER: Except for the one parcel which is on the right side as you enter Barefoot -- or Bayfront Gardens -- Bayfront Gardens? MS. SPECTOR: Yes. Yes. MR. STIGER: Okay. That's interesting. MS. SPECTOR: Because it was previously set aside for -- MR. STIGER: Utility? U.S. LEGAL SUPPORT www.uslegalsupport.com 11 Exhibit C Page 11 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 MS. SPECTOR: -- the utilities, so they allowed one single-family home on this lot here (indicating) with a maximum of 70 feet. MR. STIGER: That's the one that was built a couple years ago? MS. SPECTOR: Right, they had to rezone it at that time to allow for a single-family home. MR. PRICE: I think the Beach Gardens may have 70 foot and a half. In fact, I think you sent an e-mail. It wasn't amended in 2000 -- MS. SPECTOR: That was what -- it was Tract J. MR. PRICE: Okay. That's what you sent? MS. SPECTOR: Uh-huh. Yeah, we checked that after we had that question. Yes? MR. TOMARCHIO: Joseph Tomarchio, Junior, 235 Bayfront, but we also have a lot in the same community at 213 Bayfront. Our home is currently three stories, or four stories as I perceive it, but three above, I guess you can say, that flood or whatever, however they legally do it, and I am one of, I believe, six or seven homes that is already like that. MS. SPECTOR: Uh-huh. MR. TOMARCHIO: We purchased the lot on the U.S. LEGAL SUPPORT www.uslegalsupport.com 12 Exhibit C Page 12 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 same street, directly up the street from us, and at this point in time we're not -- we really don't know how many floors the home's going to have, but I don't want to be restricted to anything less than I have already. I mean, that is how I purchased the lot, and that was the information that I was basically given at the time, and if the County allowed building permits for six or seven homes, you know, I got a real issue, if anything is going to change that restricts my ability to maximize the potential of my lot for my personal home. MS. SPECTOR: And I didn't pull the building permits. I'm not sure how -- MR. TOMARCHIO: I understand. I know the County is here so I just want to make it clear that I'm not going to be a happy camper if this isn't approved where we can put the home up, if I so choose, to have four floors. Now I may not, but I don't want to be restricted -- MS. SPECTOR: And you're talking about -- MR. TOMARCHIO: -- especially when there's already six homes in there, or seven homes, of which I already have one, and you charge me enough taxes on that vacant lot, and on my current home, U.S. LEGAL SUPPORT www.uslegalsupport.com 13 Exhibit C Page 13 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 that, you know, to be restricted and restrict the values of the property, is really going to be contentious, and I think if you get by my demeanor, I'm not the kind of guy that's going to lay down for it, just so we're clear. MS. SPECTOR: And when you say four stories, you're talking about the ground floor and three floors up? MR. TOMARCHIO: Correct. MS. SPECTOR: And that's what we're asking for here. MR. TOMARCHIO: I'm okay with it. MS. SPECTOR: Okay. Great. MR. TOMARCHIO: I just want to make sure the County understands -- MS. SPECTOR: Right. MR. TOMARCHIO: -- that I'm okay with it. MS. SPECTOR: Driving up and down you can see that there are some there, and we're trying to bring it into conformity with what's already out there. Yes? MR. STIGER: Yes, one other question. The gray area there along the beach front west of the Boulevard, those would basically have the same zoning restrictions, as far as floors and side U.S. LEGAL SUPPORT www.uslegalsupport.com 14 Exhibit C Page 14 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 yards as Bayfront Gardens? MS. SPECTOR: I can't say side yards, but floors, yes. MR. STIGER: Well, they're pretty close together, so I assume that they don't have the one-half of the building height limitation, because -- MS. SPECTOR: Right. MR. STIGER: -- it's clearly not enforced, if they do. MS. SPECTOR: They're actually solely -- I have that on here. Let me look. That is -- they're a low-density single-family, so they can have three floors. I don't have the setbacks for them. MS. OWENS: I used to own there. It's 7.5; 7.5. MS. SPECTOR: It is? Okay. MS. OWENS: That's when I lived there. MS. SPECTOR: I don't have the most recent up but -- yeah. I would have to look at that, but that's what I'm looking at, is the older one. It just says -- okay. It is just 7.5, not half the building height for adjacent homes, so it would be 15 feet between U.S. LEGAL SUPPORT www.uslegalsupport.com 15 Exhibit C Page 15 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 the two. So they can go up, they just can't go -- they don't have the same restriction on half the building height. MS. OWENS: Sarah, what's the next step in this process? MS. SPECTOR: And, I'm sorry, would you mind -- MS. OWENS: Susan Owens. MS. SPECTOR: Thank you. The next step is that we would go to the Planning Council and present the same request, and at that time we'd have a staff report that will either recommend approval or not. The Local Planning Agency will -- or the Planning Council will give a recommendation to the board, and then we'll go before the board for one more public hearing with the recommendation from Council. MS. OWENS: Who is on the planning staff you refer to, to make a recommendation? MS. SPECTOR: Tim Finn, who is in the back. He is with Collier County. He is the planner assigned to this file. So he, along with all of the other departments within the County, will weigh in as far as -- U.S. LEGAL SUPPORT www.uslegalsupport.com 16 Exhibit C Page 16 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 MS. OWENS: Not just Tim? Good thing. MS. SPECTOR: Not just Tim, yeah. So it will be Environmental, Emergency Services, all of that will weigh in. We've already gotten some comments back from them. MS. OWENS: Anything negative? MS. SPECTOR: No. Yes? MR. STIGER: One other question, this doesn't prohibit any of these homeowner associations from imposing color, or other, you know, that sort of restrictions on new homes or changing existing homes? MS. SPECTOR: As far as colors, absolutely not. That would be up to -- MR. STIGER: How about design features or anything like that? MS. SPECTOR: No. This is merely the size and locations of the buildings on the lots. MR. STIGER: Okay. MS. SPECTOR: Are there any other questions? All right. There will be another hearing -- I'm sorry -- another notice that you will get before the hearing, so that you will know when we're going to be before the planning board. MR. STIGER: If all goes well, when -- when U.S. LEGAL SUPPORT www.uslegalsupport.com 17 Exhibit C Page 17 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 do these meetings -- when are you hoping that these meetings take place so that we're finished with this? MS. SPECTOR: Well, we were hoping that it would be finished by July, but the Commission takes a break during the summer, so I don't think we're going to make -- we can't make, with notice, July, can we, the Commission? MR. FINN: For the BCC? MS. SPECTOR: Yes. MR. FINN: It will be in the fall. MS. SPECTOR: Yeah. So we may have a hearing now, but then the Commission, the BCC, will not hear it until the fall when they come back from their summer break. MR. STEIN: It seems -- I came late this evening, excuse me. It seems like what you're doing is cleaning up what already exists? MS. SPECTOR: Well, and for those who don't have a third habitable floor, to allow them to have one and get a building permit or a CO on. MR. STEIN: But the County already granted, according to this gentleman, seven building permits? MS. SPECTOR: I don't know if the building U.S. LEGAL SUPPORT www.uslegalsupport.com N Exhibit C Page 18 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 permits did allow for that. I haven't pulled the building permits, because you can build a third story and have it not be habitable. MR. TOMARCHIO: Ha, ha, ha. MS. SPECTOR: That's a ha, ha, ha? MS. OWENS: Yeah, for the record. MS. SPECTOR: So I don't know. I haven't looked at the building permits, but it would clean up what is out there right now, and as you can see, it wouldn't really contradict anything that's already out there, because it's only that one tiny sliver that has two floors. All right. Well, that's all I have. There are copies of the presentation up here. My card's up here, and I also have -- if I have your e-mail address, if you want me to let you know when the next hearing is, I can let you know that. MS. OWENS: Thank you. MS. SPECTOR: All right. Thank you. MS. OWENS: Nice job. MS. SPECTOR: Thank you. (Said proceedings were concluded at 5:51 p.m.) U.S. LEGAL SUPPORT www.uslegalsupport.com 19 Exhibit C Page 19 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lely PUD Meeting May 22, 2018 C E R T I F I C A T E STATE OF FLORIDA ) COUNTY OF LEE ) Me I, JANICE R. MALINE, Court Reporter and Notary Public in and for the State of Florida at large, do hereby certify that, pursuant to notice of hearing in the above -titled cause, the foregoing proceedings were reduced to print by means of computer-assisted transcription under my personal supervision, and that the said transcription constitutes a true record of the proceedings. I further certify that said proceedings were taken at the time and place specified hereinabove and that I am neither of counsel, nor solicitor to either party in said suit, nor interested in the event of the cause. WITNESS my hand and official seal in the County of Lee, State of Florida, this 1st day of June, 2018. 0 o � JANICE R. MALINE Notary Public, State of Florida U.S. LEGAL SUPPORT www.uslegalsupport.com Exhibit C Page 20 of 27 1 10 10:19 15 15:25 2 2000 12:10 213 12:18 235 12:17 5 5:51 19:22 7 7.5 8:12,14, 15,25 9:19,21 10:5 15:16, 17,24 70 12:3,9 A ability 13:11 able 10:8 about 8:7 13:21 14:7 17:15 above 12:20 absolutely 17:13 according 18:23 accurate 9:13 actual 11:15 actually 15:11 address 19:16 adjacent 15:25 after 12:15 Agency 16:14 Lely PUD Meeting May 22, 2018 ago 12:5 ahead 8:10 all 16:23 17:3,21,25 19:13,19 allow 12:7 18:20 19:1 allowed 10:23,24 12:2 13:8 along 14:23 16:23 already 11:3 12:23 13:5, 23,24 14:20 17:4 18:18,22 19:11 also 12:17 19:15 am 12:21 amended 12:10 and 8:1,3,4, 9,16,17,21,24 9:12,24 10:18,20,23 12:9,21 13:1, 6,8,13,21,241 25 14:1,3,6, 7,10,18,19,25 16:6,10,11,16 17:18 18:19, 21 19:3,9,15 another 11:14 17:21,22 answers 8:9 any 17:9,20 anything 13:4,10 17:6, 16 19:10 applies 8:16 apply 9:11 approval 16:13 approved 13:18 are 10:13 14:19 17:20 18:1 19:14 area 14:23 as 8:16 9:24 10:5,22 11:19 12:19 14:25 15:1 16:25 17:13 19:9 aside 11:24 asked 8:8 asking 8:17 14:10 assigned 16:23 associations 17:9 assume 15:5 at 10:18 12:6,18 13:2, 8 15:21,22 16:11 19:8,22 B back 16:21 17:5 18:14 bad 10:16 Barefoot 8:22 11:15,19 Barry 8:11 basically 13:7 14:24 Bayfront 11:20 12:17, 18 15:1 BCC 18:9,13 beach 8:22 9:9,10 11:15 12:8 14:23 because 8:5, 20 9:6 11:23 15:7 19:2,11 before 16:16 17:22,24 believe 9:19 12:22 between 10:22 15:25 board 16:16 17:24 both 9:12 Boulevard 8:22 14:24 break 18:6,15 bring 14:20 build 19:2 buildable 10:23 building 8:13 9:1,3,22,24 10:2,6 13:9, 13 15:6,24 16:3 18:21, 23,25 19:2,8 buildings 17:18 built 12:4 but 8:18 9:19 10:3,6 11:2, 4,6,10 12:17, 20 13:3,20 15:2,21 18:5, 13,22 19:8 by 8:20 11:16 14:3 18:5 C calculation 9:20 came 18:16 camper 13:17 can 8:2 10:6 11:6 12:20 13:18 14:18 15:13 16:1 18:8 19:2,9, 17 can't 11:5 15:2 16:1 18:7 card's 19:14 change 8:17 13:10 1 U.S. LEGAL SUPPORT Exhibit C www.uslegalsupport.com Page 21 of 27 changing 17:11 charge 13:24 check 10:6 checked 12:14 choose 13:19 clean 19:8 cleaning 18:18 clear 13:16 14:5 clearly 15:9 close 15:4 Collier 16:22 color 17:10 colors 17:13 come 18:14 comments 17:4 Commission 18:5,8,13 community 12:18 complied 10:13 concluded 19:22 conformity 14:20 contentious 14:3 contradict 19:10 copies 19:14 Correct 14:9 could 10:25 11:4,5,8 Council 16:10,15,18 County 8:5,8 11:7,9 13:8, 16 14:15 16:22,24 18:22 couple 12:5 court 8:3,4 Lely PUD Meeting May 22, 2018 current 13:25 currently 12:18 0 deals 10:19, 20 demeanor 14:4 density 10:12,14 departments 16:24 design 17:15 development 10:21 did 19:1 didn't 13:13 difference 10:21 different 9:18,20 directly 13:1 do 8:1 9:15, 18,19 11:13 12:21 15:10 18:1 does 8:23,24 9:2 11:2 doesn't 17:8 doing 18:18 don't 9:2,3, 13,14 10:1 13:2,4,20 15:5,14,20 16:2 18:6,19, 25 19:7 down 14:5,18 Driving 14:18 during 18:6 E e-mail 12:10 19:15 each 9:19 east 8:21 effect 8:19 either 9:14 16:12 Emergency 17:3 enforce 11:10 enforced 15:9 enough 13:24 enter 11:19 Environmental 17:3 especially 13:22 evening 18:17 every 9:6 except 11:16, 17,18 excuse 18:17 existing 17:11 exists 18:18 F fact 12:9 fall 18:11,14 far 10:5 14:25 16:25 17:13 features 17:15 feet 8:13,14, 15,25 12:3 15:25 file 16:23 find 10:8 finished 18:2,5 Finn 16:21 18:9,11 flood 12:20 floor 14:7 18:20 floors 13:3, 19 14:8,25 15:3,14 19:12 foot 12:9 for 9:18,24 11:17,18,24 12:7 13:9,12 14:5,11 15:14,25 16:16 18:9,19 19:1,6 formula 9:18 four 10:22 12:19 13:19 14:6 four-story 8:19 from 9:5 13:1 16:17 17:5,9 18:14 front 10:7 14:23 further 11:1 9 Gardens 9:9, 10 11:20 12:8 15:1 gentleman 18:23 get 8:2 14:3 17:22 18:21 give 16:15 given 8:9 13:8 go 8:9 16:1, 10,16 goes 17:25 going 13:3, 10,17 14:2,4 17:24 18:7 good 10:16 17:1 got 13:10 gotten 17:4 granted 18:22 gray 14:23 U.S. LEGAL SUPPORT Exhibit C www.uslegalsupport.com Page 22 of 27 I Great 14:13 greater 8:20, 22 9:21 10:15 11:5,6 ground 14:7 guess 12:20 guy 14:4 H ha 19:4,5 habitable 18:20 19:3 had 11:4 12:6,15 half 8:25 9:3,21 10:2,6 12:9 15:24 16:2 happening 11:8 happy 13:17 has 8:12,18, 22 9:3,20 10:25 19:12 have 8:1,4,24 9:15,17,24 10:7 11:5,6 12:9,17 13:3, 5,19,24 14:24 15:5,12,14, 20,21 16:2,12 18:12,20,21 19:3,13,15 haven't 19:1, 7 he 16:22,23 hear 18:14 hearing 16:17 17:21,23 18:12 19:17 height 8:13, 19 9:1,3,22 10:2,6 11:16 15:6,24 16:3 here 8:5 10:9 12:2 13:16 Lely PUD Meeting May 22, 2018 14:11 15:12 19:14,15 HOA 10:25 11:10 home 12:2,7, 18 13:12,18, 25 home's 13:3 homeowner 17:9 homes 12:22 13:9,23 15:25 17:11,12 hoping 18:1,4 house 9:7 how 13:3,6,14 17:15 however 12:21 I'LL 11:11 I'M 8:9,11 10:18 11:12 13:14,17 14:4,12,17 15:22 16:6 17:21 if 8:1 9:6 10:7,12 13:8, 10,17,18 14:3 15:9 17:25 18:25 19:15, 16 imposing 17:10 in 8:19,21 9:3,7 10:2,7, 13,23,24 12:9,10,17 13:2,23 16:4, 21,25 17:4 18:11 indicating 12:3 indifferent 10:16 information 10:12,17 13:7 interesting 11:22 into 14:20 is 8:5,12,15, 21 9:5,7,9, 14,17,19,23 10:2,19,22 11:2,9,15,19 12:18,22 13:6,10,16 14:2 15:12, 18,22,24 16:9,19,21,22 17:17 18:18 19:9,17 isn't 13:18 issue 13:10 it 8:2,5,12, 23,24 9:14 10:7,8,12,25 11:2,4,23 12:6,10,11, 19,21 13:16 14:5,12,17,20 15:18,22,24, 25 17:2 18:4, 11,14,16,17 19:3,8,10 it's 9:8,21 10:5,11,17 15:9,16 19:11 its 9:3 J job 19:20 Joseph 12:16 July 18:5,8 Junior 12:16 just 8:3 9:16 10:11,12,17 13:16 14:5,14 15:23,24 16:1 17:1,2 K kind 14:4 know 8:3 10:5,16 13:3, 9,15 14:1 17:10,23 18:25 19:7, 16,17 L last 9:8,10 late 18:16 lay 14:5 legally 12: less 13:4 lesser 11:6 let 8:3 9:1 15:12 19:16 17 like 12:23 17:16 18:17 limitation 8:19 15:6 limitations 11:16 lived 15:19 Local 16:14 locations 17:18 look 15:12, looked 19:8 looking 10: 15:22 lot 10:15 12:2,17,25 13:6,12,25 lots 17:18 low-density 15:13 M made 10:25 21 6 21 18 3 U.S. LEGAL SUPPORT Exbibit C www.uslegalsupport.com Page 23 of 27 make 9:16 13:16 14:14 16:20 18:7 makes 10:14 making 8:20 many 13:3 maximize 13:11 maximum 12:3 may 10:3 12:8 13:19 18:12 me 9:16 13:24 15:12 18:17 19:16 mean 13:6 means 10:12 meetings 18:1,2 merely 17:17 mind 16:7 more 16:17 most 15:20 MR 8:11,15,18 9:2,6,13,21 10:1,11 11:11,14,18, 22,25 12:4,8, 13,16,25 13:15,22 14:9,12,14, 17,22 15:4,9 17:8,15,19,25 18:9,11,16,22 19:4 MS 8:14,16,24 9:5,8,11,14, 15,17,23 10:5,8,10,18, 25 11:2,8,9, 13,17,21,23 12:1,6,11,14, 24 13:13,21 14:6,10,13, 16,18 15:2,8, 11,16,18,19, 20 16:4,6,8, 9,19,21 17:1, 2,6,7,13,17, Lely PUD Meeting May 22, 2018 20 18:4,10, 12,19,25 19:5,6,7,18, 19,20,21 multifamily 10:20 my 13:11,12, 25 14:3 19:14 N name 8:2 need 8:8 negative 17:6 new 17:11 next 16:4,9 19:17 Nice 19:20 no 11:15 17:7,17 not 8:17,23, 24 13:2,14, 17,19 14:4 15:9,24 16:13 17:1,2,14 18:13 19:3 nothing 8:7 notice 17:22 18:7 now 11:14 13:19 18:13 19:9 O of 8:12,13 9:8,21 10:7, 11,17 12:3,22 13:12,23 14:2,4,23 15:6 16:23 17:3,9,10,18 19:14 okay 8:18 11:13,22 12:13 14:12, 13,17 15:18, 23 17:19 older 15:22 on 9:19 11:1, 17,19 12:2,25 13:25 15:12 16:2,19 17:11,18 18:21 one 11:17,18 12:2,4,22 13:24 14:22 15:22 16:16 17:8 18:21 19:11 one-half 8:13 9:8 15:6 only 9:8 10:21,23 19:11 or 8:13,25 9:21 10:16,20 11:19 12:19, 21,22 13:9,23 16:13,14 17:10,11,15 18:21 ordinance 9:5 11:3,12 ordinances 9:15 other 8:7 14:22 16:24 17:8,10,20 our 10:14 12:18 Ours 8:15 9:19 out 10:22 14:20 19:9,11 Owens 8:14 9:8,14,17 10:5,10,25 11:8 15:16,19 16:4,8,19 17:1,6 19:6, 18,20 own 15:16 p.m. 19:23 parcel 11:17, 18 perceive 12:19 period 8:15 permit 18:21 permits 13:9, 14 18:24 19:1,2,8 personal 13:12 place 18:2 planner 16:22 planning 16:10,14,15, 19 17:24 Please 11:13 point 10:10, 11,17 13:2 pointed 10:22 Port 8:21 9:17,20 10:14,15 possible 11:2,9 potential 13:12 potentially 10:15 present 16:11 presentation 19:14 pretty 15:4 previously 11:23 PRICE 12:8,13 proceedings 19:22 process 16:5 prohibit 17:9 property 14:2 I U.S. LEGAL SUPPORT Exhibit www.uslegalsupport.com Page 24 of 27 provision 10:19 public 16:17 PUD 9:5 11:3 pull 13:13 pulled 19:1 purchased 12:25 13:6 put 13:18 Q question 11:14 12:15 14:22 17:8 questions 8:1,8 17:20 0 real 13:10 really 10:13 13:2 14:2 19:10 reason 8:4 recent 15:20 recommend 16:12 recommendation 16:15,17,20 record 19:6 refer 16:20 referring 9:9 11:12 regulates 8:19 regulation 9:4 regulations 9:11,24 10:3 report 16:12 reporter 8:3, 4 request 16:11 requirement 8:6 Lely PUD Meeting May 22, 2018 requirements 8:12,23,25 requires 11:7 residential 10:21 restrict 14:1 restricted 13:4,20 14:1 restriction 16:2 restrictions 11:1 14:25 17:11 restricts 13:11 rezone 12:6 right 9:23 10:3 11:19 12:6 14:16 15:8 17:21 19:9,13,19 S said 11:4,14 19:22 same 8:25 12:17 13:1 14:24 16:2,11 Sarah 16:4 say 11:2 12:20 14:6 15:2 says 11:3 15:23 Section 10:19 see 14:18 19:10 seems 18:16, 17 send 11:11 sent 12:10,13 Services 17:3 set 11:23 setbacks 11:5,6 15:14 seven 12:22 13:9,23 18:23 should 10:8 side 8:12,20, 21,22,25 9:18,19 10:13 11:19 14:25 15:2 single 10:20 single-family 12:2,7 15:13 six 12:22 13:9,23 size 17:17 sliver 19:12 so 8:2,7,9 9:6,16 12:1 13:16,19 14:5 15:5,13,25 16:1,23 17:2, 23 18:2,6,12 19:7 solely 15:11 some 14:19 17:4 sorry 8:9 16:6 17:22 sort 17:10 South 8:21 9:17,19 10:13,14,15 special 8:7 SPECTOR 8:16, 24 9:5,11,15, 23 10:8,18 11:2,9,13,17, 21,23 12:1,6, 11,14,24 13:13,21 14:6,10,13, 16,18 15:2,8, 11,18,20 16:6,9,21 17:2,7,13,17, 20 18:4,10, 12,19,25 19:5,7,19,21 U.S. LEGAL SUPPORT www.uslegalsupport.com 5 staff 16:12, 19 stand 8:1 state 8:2 STEIN 18:16, 22 step 16:4,9 Stiger 8:11, 15,18 9:2,6, 13,21 10:1,11 11:11,14,18, 22,25 12:4 14:22 15:4,9 17:8,15,19,25 stories 10:23 11:16 12:19 14:6 story 19:3 street 13:1 summer 18:6, 15 sure 9:16 13:14 14:14 Susan 16:8 T take 18:2 takes 18:6 talking 13:21 14:7 taxes 13:25 tell 8:8 than 8:7 9:18 10:15 11:7 13:5 Thank 16:9 19:18,19,21 that 8:16,17 9:9 10:1,6, 12,19,25 11:8,9,12,17 12:4,7,11,14, 15,20,22,23 13:6,7,11,17, 25 14:1,17,19 15:5,12,21 Exhibit C Page 25 of 27 16:10,11,12 17:3,10,14, 16,22,23 18:1,2,4 19:1,11,12,17 that's 9:6,13 10:16 11:22 12:4,13 14:4, 10 15:19,22 19:5,10,13 their 18:15 them 15:15 17:5 18:20 then 16:16 18:13 there 11:15 13:23 14:19, 21,23 15:16, 19 17:20,21 19:9,11,13 there's 13:22 these 9:11 17:9 18:1,2 they 9:17 12:1,6,21 15:5,10,13 16:1,2 18:14 they're 15:4, 11,13 thing 17:1 think 8:11 9:2,3,13,14 10:1,2 12:8,9 14:3 18:6 third 18:20 19:2 this 8:7 9:5 10:19 11:1 12:2 13:2,17 16:5,23 17:8, 17 18:3,16,23 those 10:13 11:10 14:24 18:19 thought 11:4 three 12:19, 20 14:7 15:14 Lely PUD Meeting May 22, 2018 throughout 11:15 Tim 16:21 17:1,2 time 12:7 13:2,8 16:11 tiny 19:11 to 8:3,8,16, 17 9:9,12 10:8 11:12 12:6,7 13:3, 4,10,11,16, 17,19,20 14:1,2,4,14, 19 15:16,21 16:10,15,20, 23 17:14,24 18:7,20,23 19:16 together 15:5 Tomarchio 12:16,25 13:15,22 14:9,12,14,17 19:4 Tract 8:12 12:12 Tracts 10:20 trying 14:19 two 10:22,23 16:1 19:12 U Uh-huh 12:14, 24 understand 13:15 understands 14:15 until 18:14 up 8:1 13:1, 18 14:8,18 15:20 16:1 17:14 18:18 19:9,14,15 us 13:1 used 15:16 utilities 12:1 Utility 11:25 V vacant 13:25 values 14:2 videographer 8:5 violation 9:7 W want 13:4,16, 20 14:14 19:16 wanted 8:3 was 11:23 12:4,11 13:7 wasn't 12:10 we 8:2,4,7 9:18 12:14, 15,17,25 13:2118 16:10 18:4,7,8,12 we'd 16:11 we'll 16:16 we're 8:17 13:2 14:5,10, 19 17:23 18:2,7 We've 17:4 weigh 16:25 17:4 well 8:17 9:2 10:11 11:11 15:4 17:25 18:4,19 19:13 were 8:8,9 18:4 19:22 west 14:23 what 8:8,9 9:9,24 11:3,7 12:11,13 14:10 15:22 18:17,18 19:9 what's 10:10 11:8 14:20 16:4 whatever 12:21 when 8:1 13:22 14:6 15:19 17:23, 25 18:1,14 19:16 where 13:18 whether 10:16 which 8:18,21 9:17,23 10:19 11:18 13:24 who 16:19,21 18:19 will 16:12, 14,15,24 17:2,4,21,22, 23 18:11,13 with 8:2 9:15 10:13,20,22 12:3 14:12, 17,20 16:17, 22,23 18:3,7 within 16:24 without 10:5 won't 11:10 would 11:10 14:24 15:21, 25 16:6,10 17:14 18:5 19:8 wouldn't 19:10 wrong 10:4 Y yard 8:12,22, 25 yards 8:20,21 9:18 10:13 15:1,2 0 U.S. LEGAL SUPPORT Exhibit C www.uslegalsupport.com Page 26 of 27 yeah 9:11 12:14 15:21 17:2 18:12 19:6 years 12:5 yes 8:11,16 11:4,21 12:15 14:21,22 15:3 17:7 18:10 you 8:1,2,3 10:3,6,7,15 11:3,4,5,6, 11,14,19 12:9,13,20 13:9,24 14:1, 3,6,18 16:6, 9,19 17:10, 22,23 18:1 19:2,9,16,17, 18,19,21 you're 9:9 13:21 14:7 18:17 your 8:2 10:10 11:10 19:15 Z zoning 14:25 Lely PUD Meeting May 22, 2018 7 U.S. LEGAL SUPPORT Exhibit www.uslegalsupport.com Page 27 of 27 Spector, Sarah From: Spector, Sarah Sent: Wednesday, June 06, 2018 1:58 PM To: 'Jumper8869@gmail.com'; 'susan@susanowens.com'; 'itomarchiojr@comcast.net'; 'Traci Kautzman'; 'mjstei n 75@g m a i I.com' Cc: 'FinnTimothy'; Price, Mark Subject: Barefoot Beach PUD Amendment (PL20170004421) NIM Follow -Up Good afternoon - Thank you for attending the Neighborhood Information Meeting (NIM) held on May 22, 2018 at 5:30 PM at the Club at Barefoot Beach. I am sending you this e-mail to correct one statement I made at the NIM in response to a question posed. Mr. Stiger had inquired as to whether there were any height restrictions placed on parcels within the Lely at Barefoot Beach community. My response was that the only property encumbered by such a restriction was Tract 1(with a 70' limitation). Upon further review of the applicable ordinances, it appears that the low density, single family residential section of Lely Barefoot Beach has a similar height restriction (70' NGVD including decorative elements, but excluding chimneys). Accordingly, all property shown in grey on the map below is subject to a 70' height limitation. My misstatement was due to an oversight. Ordinance 85-83 provides that, as to the low density, single family residential section of Lely Barefoot Beach, the maximum height is "[t]wo stories above the minimum base flood elevation required by the floor (sic] elevations ordinance." This was then amended by Ordinance 01-35 as follows: 1 Exhibit D Page 1 of 2 2 FLOORS 3FLOORS ® 4FLOORS 5FLOORS - 6 FLOORS L � j My misstatement was due to an oversight. Ordinance 85-83 provides that, as to the low density, single family residential section of Lely Barefoot Beach, the maximum height is "[t]wo stories above the minimum base flood elevation required by the floor (sic] elevations ordinance." This was then amended by Ordinance 01-35 as follows: 1 Exhibit D Page 1 of 2 Twe-Three stories with a maximum highest point of roof to be 70 -feet NGVD including decorative elements, but excluding chimneys. As you will note, the strikethrough/underline language indicates that only the number of stories was changed, and this change was discussed at the meeting. However, it appears the remainder of the sentence was amended even though it is not shown in sticikethiaeug4lflLnderlme format. I apologize for any confusion this may have caused. Please feel free to contact me directly if I can answer any additional questions. Sarah E. Spector, Esq. Roetzel & Andress, LPA 2320 First Street, Suite 1000 Ft. Myers, FL 33901 Direct: 239.338.4213 Main: 239.337.3850 Fax: 239.337.0970 E-mail: ssoector(,Dralaw.com www.ralaw.com 0 IRC)ETZELo YOU Akron -Chicago -Cincinnati - Cleveland -Columbus Ft. Myers- Naples - Orlando -Toledo Both Sarah Spector and Roetzel & Andress intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Sarah Spector immediately at 239.338.4213. Thank you. Exhibit D Page 2 of 2 ATTACHMENT TO PUD AMENDMENT APPLICATION Applicant Contact Information Bayflont Gardens Homeowners Association, Inc. (as to Lots 1 1-33 Bayfront Gardens) clo Festa Property Services 27180 Bay Landing Drive, Suite 4, Bonita Springs, Florida 34135 Andrew M. Gross and Gina Leake (as to Lot 10 Bayfront Gardens) 242 Barefoot Beach Boulevard, Bonita Springs, FL 34134 Propertv Information Loi— t Number Address Acreage Parcel ID Owner and Percentage _ ' I Ownershi _ 10 42 Barefoot Beach 30 23095001904 Andrew M. Grose_ and Boulevard Gina Leake Gross (Husband and W'ifc, 1009�n) i i 241 Bayfront Drive .24 23095001 101 _ David G. Owens and _ Susan S. Owens (Husband and Wife, 100%) 12 and part 239 Bayfront Drive .17 23095001208 Donald Louis Poiani, 11, oft 13 and Lucia Foiani (Husband and Wife, 100%) Remaininc 23 Bayfront Drive 1 .17 �_ 23095001305 William M. Tucker and part of 13 1 Maura Leahy -Tucker (Husband and Wife, — - 100%) 14 235 Bayfiont Drive - — -- .25 23095001402 Joseph Tonnarchio, Jr. and Maty Anna Toinarchio (Husband and Wife, 10(%) 15 233 Bayfront Drive .25 j 23095001509 William NL Evans and Karen A. Evans (Husband -- - and Wife, 100%) 16 231 Ba front Drive y .21 23095001606 I Patrick J. Christensen, Trustee of the STN Personal Residence Trust (100%) 17 ( 229 Bayfront Drive 2 0 _ 23 095001703 _ Todd Parenteau. as Trustee of the WAWH BS i Family Trust, dated i December 21, 2016 (50°it), Todd Parenteau, as Trustee of the WAWH MS Family Trust, dated 222n16 1 1'_2292.26 1 ___ December 21, 2016 (50`%) 18 225 Bayfront Drive 35 23095001300 R. Barry Stiger and j Melinda P. Stiger, (Husband and Wife, 100%) 19 223 Bayfront Drive .23 23095001907 Bayfront Ventures, LLC (100%) 20 F — _ _ 221 Bavfront Drive .19 23095002003 Beasley (100"/�) 21 219 Bayfront Drive .21 1 23095002100 Gordon W. Goodier and i Delores M. Goodier ('Husband and Wife, 100%) Part of 22 2 l7 Bayfront Drive .31 23095002207 'Norman R. Alpert and Donna L. Alpert (Husband and Wife, Remaining 2152 Drive _ .44 23095002304 100°/� Keith M. Jacoby and part of 22 and Shannan P. Jacoby all of 23 i (Husband and Wife, _ �24 100%) 213 Bayfront Drive .38 23095002401 T&V Bayfront Investments, LLC (100%) 25 21 1 Bayfront Drive 1 .39 23095002508 David M. Kramer and Robin C. Kramer (Husband and Wife, 100°/x) 26 209 Bayfront Drive .35 2.3095002605 _ Breck J. Loos and Sheri L. Loos (Husband and Wife, 100%) 27 207 Bavfront Drive 39 23095002702 Bonnie L. White and Douglas Grant, joint i j Tenants (t00%) 28 and 29 205 Bayfront Drive .61 23095002809 Gregory NL Casey and Maryann Kriger, (Husband and Wife — L 100`%) 30 and a par 195 Bayrront Deive 29 23095003002 Mary Ann Gibson, of 3l Trustee of the Mary Ann Gibson Amended and Restated Revocable Living Trust dated j I September 5, 1997 1000/ Remaining t91 Bayfront Drive l7 23095003t09fGLG WaterfrongBuilders part of 31 LC (to t 00'%) 32 187 Bavfront Drive 1- 23095003206 Chelu BarefooC, LLC 1'_2292.26 1 (2221)2;( I (100%) —� 33 _ I S BBayfront Drive _ .36 23095003303 Ricardo N. Anco,� dis Trustee of Che Ricardo V. Andisco Trust dated December 13, 2004 (50%) f I and VivianaAndisco, j Trustee of the Viviana j Andisco Trust dated December 13, 2004 (50% TOTAL ACRES 6.81 (2221)2;( I CONSERVANCY of Southwest Florida m40- OUR WATER, LAND, WILDLIFE, FUTURE. Protecting Southwest Florida's unique natural environment and quality of life ... now and forever. March 14, 2018 Sent via email Sarah E. Spector Roetzel & Andress, LPA 850 Park Shore Drive Trianon Centre Naples, FL 34103 RE: Amendment to Height Limitations on Tract 1, Lely Barefoot Beach, PUD P1-201%0004421 Dear Ms. Spector and Associates, The Conservancy of Southwest Florida, on behalf of our more than 7,000 supporting families, appreciates the opportunity to review_ and comment on the PUDA application for Lely Barefoot Beach Planned Unit Development. Our review of the application did not raise any concerns regarding consistency with the Lely Barefoot Beach Settlement (Settlement), of which the Conservancy is a signatory. Assuming that any applicable restrictions contained in the Settlement are retained, the Conservancy has no comments regarding additional height within this Tract. As with all of our comment letters regarding Lely Barefoot Beach, we would like to emphasize the fact that the mangrove wetlands surrounding the Lely development are protected through a number of mechanisms, including public ownership and conservation easements. We encourage you to reiterate this to your clients, in order to ensure expectations are in alignment with regulations. Sincerely, Kelly McNab Environmental Planning Specialist (239)403-4231 kellymCa conservancy.org cc: Tim Finn, Collier County Zoning Division Nicole Johnson, Conservancy of Southwest Florida Conservancy of Southwest Florida has been awarded Chanty Navigator's prestigious 4Star top rating for good governance, sound fiscal management and wmmilment to a¢auntability and transparency. Charity Navigator is Amatlra5 largest and most respected Independent evaluator of charities. 1496 Smith Preserve Way I Naples, Florida 34102 1 239.262.0304 1 Fax 239.262.0672 1 www.conservancy.org Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 wwwxolltereov.net (239) 252-2460 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Lots 10-33 Bayfront Gardens Bonds Spnn9e, Flanda 34134-0505 (Street address and City, State and Zip Code) and legally described in ExhlbitA attached hereto. The property described herein is the subject of an application for an amendment to planned unit development ( Lely Barereot Beach PUD) zoning. We hereby designate Sarah E. Spector, Esq. 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. These 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 covenantof 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 unitdevelopment 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 terms; conditions and safeguards of the planned unit development. Bayfront Gardens Homeowners Association, Inc. Owner y: Susan Owens, President !� Owner Andrew M. Gross Printed Name STATE OF COUNTY OF rr''''}}�� C� Sworn to (or affirmed) and subscribed before me this � day of�I WrUaN, 2018 by Susan Owens, President who is personally known to me or has produced ffo—nA0., hr(VU-5 flrt a as identification. d /Lieh SARAH GRIEB Nda6 Public MYCOMMISSIONpGG088642 (Name typed, printed or stamped) f ;? EXPIRES: Apol 14, 2021 'Eo f�axo Bonded Thu Nowy Public UndernIWS 10,15(2017 Page 8 of 14 CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieraov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (299) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Lots 10-33, Bayfront Gardens Bonita Springs, Honda 34104-8505 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for an amendment to planned unit development (Le,rsarema aaaa, PUD) zoning. We hereby designate Sarah E. Spector, Esq. 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 an the site. These 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. S. 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 terms, conditions and safeguards of the planned unit develo<�u`o�_ — Bayfront Gardens Homeovmers Association, Inc. Owner Andrew M. Gmss By: Susan Owens, President Primed Name STATE OF COUNTY OF Swom to (or affirmed) and subscribed before me this 1 day of r 9)1'r 201'J, by Susan Owens, President who is personally known to me or has produced as Identification. Notary Public (Name typed, printed or stamped) 10/15/2017 Page 8 of 14 ADDITIONAL SIGNATURE AND NOTARY BLOCKS FOR COVENANT OF UNIFIED CONTROL OWNER (as to Lot 10): G u - ezk �UHs-6 5 s Gina Leake Gross STATE OF FLORIDA COUNTY OF COLLIER ff Sworn to (or affirmed) and subscribed before me this l day of PV - p20 ro R, by Andrew M. (}ross and Gina Leake Gross, who are personally known to me or who have produced f %'(i zName: atyli' NOTARY SEAL — - sL uaualmo enMEz Metery public - State of florid, r Commission k FF 927904 MY Comm. Eepires Sep 29, 2014 , i 12229226 1 EXHIBIT A Legal Description Lots 10-33, Bayfront Gardens, according to the Plat thereof recorded in Plat Book 14, Pages 114 through 1 1 7, inclusive, of the Public Records of Lee County, Florida. 122397491 8 A .1 C ,er county � - LIELY BAREFOOT BEAC (SZE LESAL SESZRIPTON RUM. SETSEffl f\ P.U.D. MUSTER PLAN .i Oi j '\ l'/ saP yi i.ACT .TRACT M.IRACT •N• p \ TRACT -I- R I T ACi w/ ^I b< _ A. nTA EXHIBIT A y LEEP "nBEFOMENT CORP 'BEACH n ';Sw r r. ..... ....w.. .... A " j. XIS .,.„.-.e P.M MASTER PLAN -- --- —---- G.ua_l. o f Men 1 c o Development Area Waterway L_,'.. Mangrove/Preserve Area ” 8 A .1 C ,er county � - (SZE LESAL SESZRIPTON RUM. SETSEffl f\ Oi ..ha ISCC ••mm.nr u,m an aPEeSE±^v..LNL..n.e A. nTA EXHIBIT A y LEEP "nBEFOMENT CORP 'BEACH LELY BAREFOOT " j. P.M MASTER PLAN LELY BAREFOOT BEACH P.U.D. GASTER PLAN TI T .q. Tuna �y' 1\ TflPCT -------------- T T Gulf of M:ee c 1B6 fl B E c co y r a 6FE .n'. R5 N 11.9ELi SFU 6 7 1 yl Tg0.LOT F T 1R PA ( PR WL— vF - PE9ePV� ♦PEA t 6 LE6At .vS IXW9R�E EXHIBIT A LELY--DEVELOPRAEIY'T 'COPP A ELY 8AR`cFOOT 2EAC4 PUD --MASTER -PLAN ,..L. x - LOAStAL ENGPIEERIN6 Cg15ULTANTS INC � .s � IPD�SiYSG y�,£JaTf ItLS.FR 4fiNLY 4�ID��Ts tyu 6FLR IT _tT I .... ... IV PLAT BOOK 14 , PAGE BAYFRONT GARDENS A SUBDIVISION LYING in SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA LOCATION T, y", 1 I OF 4 . . ........ ....... Fo 11 I Z. 11 T ll 1. 1 T, y", 1 I OF 4 LINE M RIRi s BAYFRONT GARDENS A 3LBCtlV1610N LYING IN SE N 6, 1dNNSNIP 9 SqI . RANGE 2 EAST, 6 ,ER (AUNTY, amM can f. m LITTLE HICKORY BAY g� Z : 3 = e' Cne` yM I l: `I YG 09 VV LELY BEACH BOULEVARD69 60_ ROM nua x ar ,an+ unowr scot. wn� BLOCK "G" 7 $` BLOCK "H' l til �f LELY BAREFOOT BEACH UNIT I O — CURVE DATA mm n -.f •..r.ar. m.m •er a.w ff[ Gln n'X '¢uiV• noY aY.0 e' 4 4 ia.m m�YY vY a.q .acfX[ w.� PLAT BOOK _1 41 PAGE _yLq_ BLOCK 'b° BAYFRONT GARDENS A SUBDIVISION LYING IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. t N 52, OY' E 21.89' PLAT BOOK o -L_, PAGE III, OF 4 B>.( O - CURVE DATA o CE.FiX6 _. ung•-SYxiE _ 3 za 3cw w.s l oa . BAYFRONT GARDENS A SUBDIVISION LYING IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. t N 52, OY' E 21.89' PLAT BOOK o -L_, PAGE III, OF 4 B>.( LINE FOR DESCRIPTION PURPOSES P 0 2T 26 S�s9: eq yzn«25 iy°xfTW ss•F 3,�� N/ 29 23 BAYFRONT GARDENS A SUBDIVISION LYING IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LITTLE HICKORY BAY i PLAT BOOK 14, PAGE I_ N Y, X n ,r 32 Y w 1520° 52'-46" E — 33 31^-34'-11"'w 73.96' h" o 0- CURVE DATA ?e9 moll .1mo m' vx�.Y�xY /eYc i>pxRa'e JQVF iei.W Y.xY.M' o,' aw w..a •.a9..Y f.ti io_W Ae0-Y '..Sw I{. Y. w If fn faO.W a� �f jai aa.i .1e.ca xae'�>aldx Yin i SHEET 4 OF 4 O.E.C. FILE NO.: 67-C M i74Gtil'I C� J u„ ' I rn z Ilr ORDINANCE 83- 21 1'11W',:I r, rEAGAII AN ORDINANCE AMENDING ORDINANCE 82r2C129E- CAH=ARO PREHENSIVE ZONING REGULATIONS MOR tftC'UNfNCORq F1,0RrDA PORATED AREA OT COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 48-25-0 by CHANGING THE ZONING CLASSIFICATION OP TUZ HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPHEAT FOR LELY BAREFOOT BEACH; AND PROVIDING AN EFFECTIVE DATEt WHEREAS, William R. Vince, petitioned the Board of County Commiasioneca to change' the Zoning Classification of the herein described real property; NOV, THEREFORE BE IT ORDAINED by the Board of County Commissianers of Collier County, Florida: SECTION ONE: The Zoning Classification of the heroin described real property located in Sections 5, 6, 7, and 8, Township 48 South, Range 25 East, Collier County, Florida is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Nap Number, Number 48-25-7, as dsoccibed in Ordinance 82-2, in hereby amended accordingly. s:�. a u7 m v � 'T1 m N m 4 .0 W G' N 5 y y M `^ s:�. PDA -85-1C Ordinance STATE OF FLORIDA ) COUNTY OF COLLIER } I, WILLIAM J, REAGAN, Cleric of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original oft ORDINANCE NO, 85-21 which was adopted by the Board of County Commissioner@ during I c:r r ' n• 9 Regular Session on the 4th day of June, 1985, WITNESS my hand and the official seal of the Board of Thr:' SECTION TWOt Thin Ordinance shall baaa0e offactiva upon receipt of notice ,.� ,....,�,;,,.,.,•. that is has been filed with the Secretary of State, ks �.,,.'.. WILLTAM J. REACAPit.'\,•: -.•'+',;„l.„ �, •, DATPt BOARD OF COUNTY COMISSIONERS '', t*• COLLIER COUNTY. FLORIDA .,. County Caimnissicneka ,I_BYz ATTESTr "'.'' BTt �. "'0 WILLIAH J. REAGAN, CLERE RP ER CK J. VOSSe ClUTAHAit u Deputy Clerk- .,Zfi'Cfl : ,• •APP.RoviD 114TF SUFFICIENCY d Y.•• EN $'i{ B\.,COVY LER Thio orsil.woca filed with the _ '.. ASSISTANT. UNTY ANE Secretary ai tai Officer aY al j��j��pp'' and ocknowt6dgt of that r Irrd thl day ew ro c PDA -85-1C Ordinance STATE OF FLORIDA ) COUNTY OF COLLIER } I, WILLIAM J, REAGAN, Cleric of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original oft ORDINANCE NO, 85-21 which was adopted by the Board of County Commissioner@ during Regular Session on the 4th day of June, 1985, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of June, 1985, ,.� ,....,�,;,,.,.,•. ks WILLTAM J. REACAPit.'\,•: -.•'+',;„l.„ �, •, Cleric of Court® and• Cl ark:;,�`•.: Ex-Officio to Hoard of County Caimnissicneka ,I_BYz u Deputy Clerk- .,Zfi'Cfl : Q2QPAt[�28 ;; .�V "A INDEX SECTION 1 PROPERTY OWNERSHIP d DESCRIPTION 1 thru 2 SECTION I1 PROJECT DEVELOPMENT 3 thru 4 ' SECTION III PLATTED MY BAREFOOT BEACH UNIT ®i 7 thru 10 -• BLOCKS A through K .; LOW DENSITY SINGLE FAMILY RES105NT.IAL SECTION IV LELY BAREFOOT BEACH UNIT 91 11 thru 12 - TRACT A CATEHOUSE COMPLEX SITE SECTION V PLATTED LELY BAREFOOT BEACH UNIT.91 13 thru 1S: �. TRACT B COMMUNITY RECREATION CENTER 91 SITE s: SECTION VI PLATTED LELY BAREFOOT BEACH UNIT 91 I6 .. TRACT C LANDSCAPED ENTRANCE DRIVE STRIP. SECTION VII PLATTED LELY BAREFOOT BEACH UNIT 91 17 thru i8 BEACH GARDENS A through K SECTION VIII PLATTED LELY BAREFOOT BEACH UNIT 9 1 19 TRACT BF BEACHFRONT COMMON OPEN SPACE SECTION IX TRACT D, LOW DENSITY SINGLE FAMILY 20 thru 22 RESIDENTIAL DEVELOPMENT SECTION X TRACTS E, F, C, H, and 1 23 thru 28 LOW TO MID -RISE SINGLE OR MULTI -FAMILY RESIDENTIAL DEVELOPMENT SECTION XI TRACT J: UTILITY SITE 29 SECTION X11 TRACTS K 9 L: COMMUNITY RECREATION AREAS 30 thru 31 SECTION X111 TRACTS M, N, & 0: MANGROVE PRESERVES 32 SECTION XIV EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS 33 thru 34 SECTION XV UTILITIES CONDITIONS 35 thru 40 SECTION XVI PROJECT IMPROVEMENTS 4l thru 44 SECTION XVII ENVIRONMENTAL ADVISORY CCUNCIL STIPULATIONS 45 thru 46 SECTION XVIII PROTECTIVE COVENANTS 47 thru 58 MUM SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE: The purpose of this Section Is to set forth the location and ownership of the property, and to describe the existing conditions of the property -'. to be developed under the project name; BAREFOOT BEACH, 1.1. LEGAL DESCRIPTION: Sid attached. 1.3. 70NING HISTORY AND PROPERTY OWNERSHIP: All or the subject property was zoned PUD on 9-37-77 by Ordinance 77-48, Lely Barefoot Beach Subelvislon Unit 91, a part of the area zoned PUD by Ordinance 77-48, was filed on 8-7-78. A portion of the homesltes within Lely Barefoot Beach Unit 41 have been sold and private residences mnstrueted --- thereon. Development standards sat forth In this PUD document which govern the homasites in Lely Barefoot Beach Unit 01 are unchanged from the davolopment standards Previously approved as a part of PUD document 77-48. All of the property within this application othar than previously sold lots In Lily Barefoot Beach Unit 81 Is owned by Lely Estates, Inc., the PUD applicant. This PUD regulatory document and Exhibit "A", the PUD Master Plan, amends the PUD regulatory document and Master Plan adopted by PUD Ordinance 77-48 1,4. GENERAL DESCRIPTION OF PROJECT AREA: The project site occurs in the northernmost two miles of gulf beach(ront land In Collie" County. It is accessible from the north via Bonita Beach am 020 rte gay M 0 Road. It Is bounded on the north by the Collloe/Lee County llno, the west by the Gulf of Mexico, the south by the south line of Section e, Township 40 S, Range 15 E, and the east by Little Hickory Bay and the waterway which extends southerly from Little Hickory Bay to Wiggins Pass. Oulf front lands between the Barefoot Beach property and Wiggins Pass to the. south are owned by the State of Florida. The property Iles within Area W of the Collier County Water -Sewer District and within Collier County Water Management District 17. t. 7.5. PHYSICAL DESCRIPTION The project fronts on the Cult of Mexico. The physical characteristics Include gulf fronting sand beach; low dunes and developable uplands behind the beach; and mangrove wetlands and tidewaters east of the developable uplands. The developable area Is dallmlted on the wast by Coastal Construction Control regulations and on the east by wetlands protectlen regulations. Elevations wlthin the project area range from sea level to 9.5 foot above ace level. The highest elevation Is the crest of a coastal dune which Iles landward of the sand beach. Natural land slopes and natural drainage Is both gulfward and bayward from the crest of the dune. Soil types In the project area are mangrove swamp and coastal beach. The coastal beach soils, where developmental activities have occurred and are planned, are composed of sand and shell and are highly permeable. Water management plans for the project rely prfmarlly on shallow catchment areas and ground inflltrellon. BOOK 02O FACT ,Lott. i? • _.� M. rit FdPA'hl SECTION II PROJECT DEVELOPMENT 2.1. PURPOSE The purpose of this Section Is to describe the development plan; the land uses within the plan; and to set forth maximum density and development crlterie. 2.2. GENERAL A. Development of the Barefoot Beach PUD shall occur In accord with. the contents of this PUD document and applicable sections of the Collier County Zoning Ordinance. B. Unless otherwise noted, the definitions of all terms used In this document shall be the some as deflnitions set forth In the Collier County Zoning Ordinance. -.— C. No physical change and no regulatory change Is planned for the single family homesitas within platted Lety Barefoot Beach Unit 81, _ nor to the mangrove preserve areas committed by the original PUD to be preserved In their natural condition, in perpetuity. Uses permitted, development standards, and related regulations applicable to Lely Barefoot Beach Unit Al single family homealtas and to the three mangrove preserve areas are unchanged from the originally approved Master Plan and PUD document. 2.3. PROJECT PLAN AND LAND USE TRACTS A. The project plan, Including street locations, tract boundaries, land use and number of dwelling units permitted In the various tracts Hill Q�®Pa,[yJp I.P Eau ..�,'p ..a .• are graphically Illustrated by Exhibit "A", the Barefoot Beach PUD Master Pian, 1. Platted Lely Barefoot Beach Unit 11, •• Blocks A through K: Low density aingts family rasidential 42.50 acres P;C 1• - 2. Platted Lely Barefoot Beech Unit 11, ' .t,• . Tract At Catahouse complex site .91 acres �jj.,• 3. Platted Lely Barafoot Beach Unit 11, Tract B; Community Recreation Center 11 site 3.31 .-ros 4. Platted Lely Barefoot Beach Unit 1l, �" • Tract C: Landscaped entrance drive strip 1.36 acres S. Platted Laly Barefoot Beach Unit 01, - -' Road right of way 5.37 acres S. Road right of way south of Platted Lely Barefoot Beach Unit 01 10.63 acres 7. Tract D: Low density single family residential 2.53 acres e. Tract E: Single or Multl-family residential 10.44 acres' 9. Tract F: Single or Multi-ramlly residential 29.00 acres ' 10. Tract C: Single or Multl-famlly residential 14.85 acres 11. Tract H: Single or Multi-famlly residential 66.06 acres 12. Tract 1: Single or Multi -family residential 11.97 acres 13. Tract J: Utilitarian site 2.25 scree l4, Tract K: Community recreation vita 2.78 acre. 15. Tract L: Community recreation alta 22.86 acres 16, Tract M: Mangrove preserve 64.21 acres 17. Tract N: Mangrove preserve 23.47 acres 10. Tract 0: Mangrove preserve 19.04 acres Open Water area 120,11 acres Gross project area 461.65 acres eooK 020r1P,1134 au> ",, . 71 • B. The meandaring north/south project access road shown on the mostar plan Is constructed as Lely Beach Blvd, from Its Intersection with Barite Beach Road to the south Iln® of the plat of Lely Barstool ' Beach Unit it. The road alignment from the mouth Nna of the plat of Lely Barefoot Beach Unit 01 to the south line of the project has been approved by local, stale, and federal agencies, and Is partially constructed. tj C. in addition to platted Lely Barefoot Beach Unit 01 and Tracts b t_ through O which are shown on Exhibit W, easements (utility, private, _ semi-public, etc.) have been or will be established within or along the various tracts as may be necessary or 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 130.11 acres Is open water and 333.54 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. 2.5. PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A" constitutes both the PUD Master Plan of dovelopmert and the Barefoot Beach Subdivision Master Plan. Prior to development of Tracts D through 0 which are shown on the Master Plan, detailed site development plans shall be submitted 4o and approved by the appropriate Collier County government agencies, which shall Insure that the detailed -5- BOOK 02N,;t135 alta development plane conform to the Master Plan; the terms of this PUD document; and the sit* development plan approval process which Is set forth In the Zoning Ordinance at the time approval Is sought. Prior to the recording of additional subdivision plats within the Barefoot Beach project, final plana for the raqulrad subdivision Improvements chap receive the approval of all appropriate Collier County governmental agencies to Insure compliance with the approved PUD Master Plan, w County Subdivialon 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 slate owned lands south of the Barefoot Beach project Is to occur via this north/south access road. No modification may be mada to this road as planned which would Intarrero with access to the state owned land to the south. &o0K 020f0.I1136 -7- BOOK _ B88R 020PA d.3d - SECTION IN PLATTED LELY BAREFOOT BEACH UNIT 0 1 BLOCKS A through K LOW DENSITY SINGLE FAMILY RESIDENTIAL ' 3.1. PURPOSE The purpose of this Sxtion is to sat forth development regulations - applicable to Platted Lely Barefoot Beach Ur d 1, Block* A through K. 3.3. MAXIMUM DWELLING UNITS A maximum of 91 single family homaaites may be constructed within platted-Laly Barefoot Beach Unit ii, Blocks A through K. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altared, or used, or land used, In whole or part, for other than the following: A. Principal Uses: Single Family Residences: Individual homasltes may consist of single platted Iota, multiple lots andlor fractions of adjoining lot.t. B. Accessory Uses: (1) Customary accessory uses and *tructuras, including PH, ate garages. (2) Signs as permitted In Section 9.31 of Ordinance 82-3. -7- BOOK _ B88R 020PA d.3d (3) Model homes shall be permitted In conjunction with development and sale of the project, Such model homes shall be converted to private residences within two years of construction comple— x tion, unless otherwise specifically approved by the county. .. adjoining lots. 3.4.2. MINIMUM HOMESITE AREA t When a singla platted lot Is utilized as a homeslta, the minimum lot area shall be the area of that lot, as platted. When a homeaite Is comprised of multiple Iota and/or fractions of adjoining lots, the minimum homeslta area shall equal or exceed the area of the largest platted lot which comprlses a portion of the homeslta. 3.4.3. MINIMUM LOT WIDTH t When a homeslta Is comprised of a single platted lot, the minimum tot width shall be as shown on the plat. When a homeslta Is comprised of adjoining lots and/or fractions or adjoining lots, the minimum lot width shall equal or exceed the width of the largest pintted lot which is a portion of the homasite. 3.4.4. MINIMUM YARDS: A. Yards which abut Lely Beach Boulevard: 25 fool. Required yards abutting Lely Beach Boulevard ore also easements within which utilities, walkways, etc. may be Installed. B. Yards which abut an access drive right of way which extends westerly from Lely Beach Boulevard: to fact. _ o_ 300& UG,I/fi!'.lgJ(y 1 3.4. REGULATION 3.9.11 GENERAL: All yards, setbacks, etc. shall 6e in relation to homeslta bcundarles, whether such homssites consist of s alogia platted lot, r d'pining Iota, and/or fractluna of .. adjoining lots. 3.4.2. MINIMUM HOMESITE AREA t When a singla platted lot Is utilized as a homeslta, the minimum lot area shall be the area of that lot, as platted. When a homeaite Is comprised of multiple Iota and/or fractions of adjoining lots, the minimum homeslta area shall equal or exceed the area of the largest platted lot which comprlses a portion of the homeslta. 3.4.3. MINIMUM LOT WIDTH t When a homeslta Is comprised of a single platted lot, the minimum tot width shall be as shown on the plat. When a homeslta Is comprised of adjoining lots and/or fractions or adjoining lots, the minimum lot width shall equal or exceed the width of the largest pintted lot which is a portion of the homasite. 3.4.4. MINIMUM YARDS: A. Yards which abut Lely Beach Boulevard: 25 fool. Required yards abutting Lely Beach Boulevard ore also easements within which utilities, walkways, etc. may be Installed. B. Yards which abut an access drive right of way which extends westerly from Lely Beach Boulevard: to fact. _ o_ 300& UG,I/fi!'.lgJ(y 1 CaP C. Yards which abut an adjoining homeslta: 74 feet D. Yards which abut Beach Gordon! none 'I E. Gulf front yards: No structure may extend guifward of the line approved by the Trustees of the Internal Improvement Fund as a variance to the Stela Coastal Setback Line, approved _.. by the Florida Department of Natural Resources (Governor and State Cabinet) on 12-17-74. 3.4.5. 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. 3.4.6. OFFSTREET PARKING REQUIREMENTS: Two parking spaces per single family residence. 3.4.7. MAXIMUM HEIGHT: Two stories above the minimum base flood elevation required by the Floor elevation ordinance. When the first habitable floor Is raised a suf(ielent height above ground level to permit the under- building orae to be used for automobile parking and other utilitarian purposes, that undarbuliding area shall not be deemed to be a story. 3.4.0. STRUCTURAL REQUIREMENTS FOR RESIDENCES: Special structural requirements designed to protect beachfront I D01( 020PArIJ30 w residences from storm lids and wave damage are Incorporated. In I 21-M BOOK lqt I the State of Florida approved protective covenants for the Lely Barefoot Beach Project as contained in Coastal Setback Line Variance 174-75-V 40.. These construction standards shall bo applicable to all residences de4sloped In Block A through K of Platted Lely Barefoot Beach Unit 11. I 21-M BOOK lqt I SECTION IY PLATTED LELY BAREFOOT BEACH UNIT 01 TRACT A: GATEHOUSE COMPLEX SITE 4.1. PURPOSE . The purpose of this Section Is to establish development regulations for platted Lely Barefoot Beach Unit il, Tract A. 9.2. 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 or vehicles will be provided. Public access through or around the entry gate, along the principal access road, and to publicly owned and operated facilities shall be permitted as directed by the public agencies which operate the public facilities. The gatehouse facility may contain dwelling units for resident employees or the project, which employee dwelling units shall be Included in the maximum 690 dwelling units permitted within the total project. Addition- ally, the gatehouse complex may Incorporate administrative, maintenance, and utilitarian activities and storage facilities for the Sareroot Beach project as a whale. During the period when the project Is being marketed, development administration and sales offices may be located In the gatehouse complex. Prior to construction of the gatehauso complex or subsequent modifications thereto, final plans shall be approved by the Community Development Administrator. IM AMOK Q20 vd4l .4'�•'i'!.• B. Accessory Uses: (q Customary uses and structures. r"�b ; • (2) Signs as pe?mittad by Section a.31 of Ordinance 82-2. 4.3. MINIMUM SETBACKS A. Lely Beech Boulevard: none. Portions of the securlty gatehouse' racllity may extend Into and over Lely Beech Boulevard right of way. B. Anguilla Lane; 25 feet. C. North property line: 25 feat. �F 4.4. OFFSTREET PARKING Six Spaces, Pius two spaces for each employee dwelling unit. 4.5. MAXIMUM HEIGHT Two stories above the minimum base flood eievatlon required by the Flood Elevation Ordinance. 12- roux 020mv.142 SECTION V ',?'''_.. _PLATTED LELY BAREFOOT BEACH UNIT 11, TRACT B: COMMUNITY RECREATION CENTER 01 SITE *" 5.1. PURPOSE 'r, The purpose of this SocUon Is to establish developmental regulations for Platted Lely Barefoot Beach Unit III, Tract B: Community Recrt tion Center 01 Site. .. 5.3. USES PERMITTED - "' ""'. . No building or structure, or part thereof, shall be erected, altered, or uses, or land used, in whole or part, for other than the following: A. Principal Uses: Recreation structures and facilities, Including twat docks and related facilities which extend Into the waters which adjoin Tract B, B. Accessary Uses: (1) Customary uses and structures. (2) Signs as permitted In Section 3.31 of Ordinance 02-7. BOOK LtC,tJPs'.:ti43 S. J. MINIMUM SETBACKS A. Lely Beach Boulevard: 50 feat B. Waterfront yard: none C. East and south property line: 75 fact 5.4. OFFSTREET PARKING REQUIREMENTS As required by Collier County Zoning Regulations In effect at the time that permits are sought. 5.5. MAXIMUM HEIGHT Two stories above the minimum base flood elevation required by the Flood Elevation Ordinance. 5.6. DEVELOPER REQUIRED IMPROVEMENTS WITHIN TRACT "B" The developer shall make Improvements to Tract "B": Community Recreation Center 41 site, In accord with Exhibit "B", which is hereby made a part of this PUD document. Community Recreation Center 41 site and all structures, recreation facilities, and other Improvements thereon shall be owned In common by all owners of residential homealtas In Laly Barefoot Beach. Prior to Issuance of building permits for development of the recreation center complex, the development plan shall be reviewed and approved by the Community Development Administrator, who shall also ensure adequacy of offstreet parking spaces, The Barefoot Beach development sponsor shall complete all Improvements Indlcatad by Exhibit "B" prior to Issuance of the 50th residentlsl building permit. In the event that the development sponsor has not completed development of the Improvements Indicated on Exhibit "B" after Issuance or 49 residential building permits, no further _14_ BOOK 020PA0 " SECTION VII PLATTED LELY BAREFOOT BEACH UNIT @ 1 ru: K n. BEACH GARDENS A through K `^""�•'' 7.1. PURPOSE {; ai The purpose of this Section Is to establish development regulations for Platted Lely Barefoot Beach Unit 91, Beach Gardens A through K. .. 7;7. USES PERMITTED No building or structure, or pert thereof, shall be erected, uttered, or used, or land used, In whole or part, for other than the fallowing: A. Principal Uses; Each beach garden area shall be awned and used In common by - - owners of the abutting single family homesites. Permitted Improve - manta Include landscaping, swimming pools, shaded sitting 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 spaclftc setback standards are set for the structures and facllitlea which are ancillary to permitted recreational and ornamental useego of the beachfront commons sites, but all structures to be erected within the beachfront commons shall be located so as to pose the least possible view obstruction or privacy Invasion to residential sites adjoining the 6i® .I,. BOOR 020fl-147 2'4 -19- k ^ 1..I . 020mv448 �A JN4 1 .t commons. Prior to Improvement of a beachfront commons, the Impncve^ y plans Incl ment P Including ' g tb pographic modifications, structural facllltles, location, landscaping, ate. shall be approved by the Community Development . Adminlstn for who shall Insure that the pians comply with the terms of the 't•' PUD ordinance and applicable other governmental regulations.'.,��'f,�gg -19- k ^ 020mv448 �A JN4 44 ice,•-,. 8.1. PURPOSE The purpose of this Section Is to establish development regulations art.. for Platted Lely Barefoot Beach Unit 11, Tract BF. 8.7. USES PERMITTED No building or structure, or part thereof, shall be arected, 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 usaaga. -19- BOOK 020Pxc[149 SECTION VIII #r PLATTED LELY BAREFOOT BEACH TRACT OF: r r wj„'.�'-,,-• BEACHFRONT COMMON OPEN SPACE �ga,la 8.1. PURPOSE The purpose of this Section Is to establish development regulations art.. for Platted Lely Barefoot Beach Unit 11, Tract BF. 8.7. USES PERMITTED No building or structure, or part thereof, shall be arected, 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 usaaga. -19- BOOK 020Pxc[149 SECTION IX TRACT D; LOW DENSITY SINGLE FAMILY RESIDENTIAL DEVELOPMENT •�„•'�`” 9.1. PURPOSE �• The "x purpose of this Sactlon Is to establish development regulations for P 9 the area Indicated on Exhibit -Ae as Tract D: Low Density Single Family Residential. {� 9.2. MAXIMUM DWELLING UNITS o.. A maximum of four single family dwelling units may be constructed In this tract. 9.3. 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 fallowing: A. Principal Uses; Single family residences. B. Accessory Uses: (1) Customary accessory uses and structures Including private garages. (2) Signs as permitted In Section 0.31 of Ordinance 02-2. _20- A99H 020PA,,45 9 (3) Model homes shall be permitted In conjunction with development and sale of the project. Madel homes shall be converted to private residences within two years of construction complation, unless otherwise specirlcaily approved by the county, 9.4. REGULATIONS ' Air 9.411. GENERAL: All yards, setbacks, ate. shall be In ralatlan to hamesite boundaries. 9.4.2. MINIMUM LOT AREA : 6,000 square feat 9.4.3. MINIMUM LOT WIDTH: 60 feet 9.4,4. MINIMUM YARDS: A. Yards which abut Lely Beach Boulevard: 25 feet, which minimum yard Is also an easement in which utilities, walkways, ale. may be Installed. B. Yards which abut an access drive right or way which extends westerly from Lely Beach Boulevard: 10 fact. C. Yards which abut an adjoining homeaita: 71 fact O. Yards which abut beachfront common open spaces: none. E. Gulf front yards: no struc.ura may andand gulfward of the line approved by the Trustees of the Internal Improvement Fund as a variance to the Slate Coastal Setback Line, approved by the Florida Department of Natural Resources (Governor and State Cabinet) on 12-17-74. -21- 1100K 020fa,,f151 -22- 1100K 020fuf152 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES p., A. One story- 7,100 square feet of living area, exclusive of garages or unenclosed patios, clacks or porches. au. B, Two story- 1,000 aquae fast of living ores excluxivs oP garages or unenclosed patios, decks or porches, n. 9,4.6. OFFSTREET PARKING REQUIREMENTS e, A Two parking spaces per single family residence. 9.4.7. 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 purposes, that underbullding area shall not be deemed to be a story. 9.4.8, STRUCTURAL REQUIREMENTS FOR RESIDENCES Special structural requirements designed to protect bmchfront residences from storm tide and wave damage are Incorporated in the State of Florida approved protactivo covenants for the Lely Barefoot Beach project as contained In Coastal Setback Line Variance 074-75-V 40. These construction standards shall be applicable to all residences developed In Tract D. -22- 1100K 020fuf152 SECTION X TRACTS E, F, C, H, and I SINGLE OR MULTI -FAMILY RESIDENTIAL 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 Multiple Family Residential. 10.7. SITE PLAN APPROVAL REQUIREMENTS r A. In the event an entire tract Is to be developed as a unified project, a detailed and dimensioned site plan Indicating building types and location, number of dwelling units, roadways, drives and parking areas, recreation faelllties, and other accessory uses and structures shall be prepared and submitted for approval by the appropriate Collier County agencies, prior to the Issuance of building permits. - The site plan approval process shall be that which Is set forth In the Zoning Ordinance at the time site plan approval is sought. B. in the event that a tract Is to be developed In fractional parts, each parcel developer shall submit a detailed and dimensioned site plan to appropriate Collier County agencies, Indicating building types and location, number of dwelling units, roadways, drives and parking areas, recreation racilitles, and other accessory uses and structures. Prior to approving the development plan fir the parcel, the county shall Insure that the plan compiles with the Sereroot Beach PUD Master Plan and regulations, and applicable other county ordinances. The site plan approval process shall be that which is set forth In the Zoning Ordinance at the time site plan approval Is sought. -23- toot 1-7190fA..153 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: !'�'•'' I A. Principal Uses: (1) Detached single family residences. ',. (2) Attached single family residences such as villas, zero lotilne '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 In Section 0,31 of Ordinance 02-2. (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 and of a two '.. year period unless otherwise specifically approved by the county. (4) Docks, either Individual or common. _24- 5008 020 PAsi B -26- 800K 020 PA, 9 56 yards 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 then Lely Beach Boulevard: 10 hat or 112 the building height, whichever Is greater. .. C. Yards which abut an adjoining hematite; 71 feet or 112 the 04? building height, whichever Is greater. _ rte:. D., Yards between adjoining buildings on the same site: 15 fact or 112 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 approprlata Colder County agency, separation between buildings may be less. B. Yards which abut beachfront common open space: none. F, Gulf front yards; no structure may extend gulfward of the line approved by the Trustees of the Internal Improvement Fund as a variance to the State Coastal Setback Line, approved by the Florida Department of Natural Resources (Governor and State Cabinet) on 12-17-74. G. Waterfront yards other than gulf front: 20 feet or 112 the building height, whichever fs greater. H. Rear yards other than waterfront; 25 feet or 112 the building height, whichever Is greater, -26- 800K 020 PA, 9 56 6 rt 10.5.3. MINIMUM DWELLING UNIT FLOOR AREA: Each residential unit shall have a minimum floor area of 1,200 square feet. MAXIMUM BUILDING HEIGHT: A. Tract E. G, and H: four habitable floors, with the option ,. of having one floor of parking and associated non-habitabio ., utilitarian space beneath the first habitable floor. B. Tract F: six habitable floors, with the option of having one floor of parking and associated non-habhabla utilitarian space beneath the first habitable floor. C. Tract is two habitable floors, with the option of having ane floor of parking and associated non-habllabla utilitarian space beneath the first haNtabla floor. 10.5.7. OFFSTREET PARKING REQUIREMENTS: As required by Calder County regulations In affect at the time permits are sought. 10.5.9. STRUCTURAL REQUIREMENTS FOR BEACH FRONT BUILDINGS: Special structural requirements designed to protect beachfront buildings from storm t;de or wave damage are Incorporated In the State of Florida approved protective covenants for the Lely Barefoot Beach project as contained In Coastal Setback Line Variance 974-75- V 40. These construction standards shall be applicable to all buildings developed in Tracts E, F, and C. -27- BOOK 020 mut 157 •�. •. I I,. a � ® � 19 +r. 19.5.9. MAXIMUM BUILDING COVERAGE IN TRACTS E, F, & O ; 1 The ground coverage by permitted residential structures in Tracts pa .,• E, F, t G shall not exceed the maximum residential structure ground coverage In the same beachfront development strip which was permitted under the PUD document which this pUD modifies. That previously J•71 permitted maximum ground coverage by residential bulidinga was r., 519,455 square feet. BEACHFRONT CORRIDORS WITHIN WHICH DWELLING UNIT I'.•'. CONSTRUCTION IS PROHIBITED; Upon Mnt determination by the County Engineering Department and -� the Barefoot Beach project engineer of the beachfront loaatlans which are most susceptible to erosion, pass breakthrough, or other storm damage, dwelling unit construction shall be prohibited at those points. The dwelling unit construction prohibition areae shall be limited to two 1S9 fact wide corridors, extending from the Gulr of Mexico to the north/south access road right-of-way. Offstreat parking, tennis courts, and small scale recreation facilities may be placed in the corridors which are prohibited from dwelling unit construction. -Y9- im 020PA4Ei58' .. ".+.. _ diel,, I �;Ikfi SECTION XII TRACTS K 6 L: COMMUNITY RECREATION AREAS 12.1. PURPOSE The purpose or this Section Is to establish development regulations for the area designated on Exhibit W as Tracts K 6 L: Community Recreation Areas. 12:2. 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 Was: Community recreation ussaga, Including buildings which will acmm- modate community social and recreatlonal activities; outdoor recreation facilities; parking and utilitarian fac,lltlas customarily ossoclsted with community recreation arms. Prior to development of recreation areas K and/or L, development plans shall be submitted to and approved by the appropriate Collor County agencies, which shall Insure that the proposed uses and their physical arrangement Is appropriate, and that applicable County regulatlons are compiled with. The alto plan approval process shall be that which Is set forth In the Zoning Ordinance at the time site plan approval Is sought. 12.3. MAXIMUM BUILDING HEIGHT Two habitable floors. -30- .14 -31- 12.4. MINIMUM YARDS x A. Yards which abut Lely Beach Boulevard: Zs feet, which minimum u;>r• ' >P p'• �, yard Is la also an easement In which utilities, walkways, etc. my� y y `� h9? be Installed. yl; M S1 D. Gulf front yards; no structure my extend guirward of the line I' M''�.�•= approved b the Trustees of the Internal Im rovement Fund as a Pp Y P fry' varlance to the State Coastal Setback Line, approved by the Florida Department of Natural Resources (Governor and State Cabinet) on 12-77-79. 12.5. OFFSTREET PARKING REQUIREMENTS --- •-- As required by the Collier County Zoning Ordinance at the time permits are applfed for. 12.6. POLLING PLACES TO BE PROVIDED Upon request by the Collier County Supervisor of Elections, community —'-- recreation facilities shall be made available an polling places. -31- +• SECTION XIV EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS „e,A,:,.:.. 4""r:'•" 14,1. PURPOSE %m e� The purpose of this Section Is to sot forth the County Subdivision Regulations which are waived or modified in connection with the ' platting of the Barefoot Beach Subdivision. ' 14.2. EXCEPTIONS w, , +i7 Article X, Section 16t 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 but need not meet the U.S.D.O•T.F.H.W.A. Manual of Uniform Traffic Control Devices. Street pavement painting, striping, and retloctive edging requirements shall be subject to county engineer 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 installation of subsurface construction such as water lines, sewer lines and public utilities Is completed prlor to compaction of the subgrado and roadway construction. -33- BOOK 020 PAGE 16 ... .ti SECTION XV 4. UTILITIES CONDITIONS PURPOSE: 7{+ ry•c., The purpose of this Section is to sat forth utilities condlttons established by the Collier County Utilities Division. WATER l: SEWER 15,2.1. Central water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all 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 malntencnce purposes. All water and sewer facilities constructed on private property and not re- quired 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 facilities within the project, 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 required by the Utllltlns Division, pursuant to appropriote County Ordinances and Regulations in effect at the time conveyance or transfer Is requested, prior to being placed Into service. 15.2.2. All construction plans and lechnlcal specifications and proposed plats, If applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement or construction. -35-' 100K 020 ft�1165 15.3.3. 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 :Eco- service to the project, the water andlor sewer customers shaft be K" 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 systema, a review of the proposed rates and subsequent approval by the Board of County Commissioners must be completed prior to activation of the water and sewer facilities servicing the project. Rete reviews must be In full compliance with County Ordinances No. 76-71 and 83-18 as amended, revised or superseded. 15.3, q. It is anticipated that the County Utility Division will ultimately supply patabia'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 andlor Interim on -alta sewage treatment and disposal facilities adequate to meet all requirements of the appro- lariats regulatory agencies. 15.3.5. An agreement rhall be entered Into between the County and the Owner, legally acceptable to the County, prior to the approval of construction .. documents for the proposed project, staling that: a) The proposed water supply and on -alts treatment facilities and/or on -alto wastewater treatment and disposal facilltles, If required, are to be constructed as part of the proposed project and must be regarded as Interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained -36- BOOK 020PlOr166 1) All water and/or sewer facilities constructed In publicly owned rights-af-way or within utility easements required by the County within the project limits and those additional facilities required to snake connection with the County's central water and/or sewer fad Ritles; or, , 2) All water and sewer facilities required to connect the project to A the County's central water and/ur 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) Mein sewage lift station and force main Interconnecting with ._ '- the County central facilities Including all utility easements necessary; b) Water distribution facilitles from the point of connection with the County's central facilities to the master water meter serving the project, Including all utility easements necessary. 15.2.7. The customers served an an Interim basis by the utility system con- structed by the Owners shall be customers of the County at the time when County central water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County'a control water and/or sewer facilities the Owner, his assigns, or successors shall turn over to the County a complete list of the customers served by the Interim utliltiea 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 aewer cervica billing for the project.. -78- �r. r1�if(tt q o ll00K O.K.UPAGC169 y; •° 5 15.2.8. All construction plans and tochntcaI spec iflcations rat a ted to connect (on m to the County's Central Water andlor Sewer Facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction, 15.2.4. The Owners, their assigns or successors agree to pay all applicable +' system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinance% and Regulations In affect at the time of Permit request. This requirement shall be made known to all pro%pactive buyers of properties for which building permits will be required prior to the start of building construction. , 15.2.10. The County at Its option may lease for operation and maintenance the -- water distribution andlor 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 construction and prior to activation of the water supply, treat- ment and distribution facilities andlor the sewage collection, trans- mission and treatment facilities. The Lease, If required, %hall remain in affect until the County can provide water andlor sewer service -- through its central facilltles or until such time that bulk rate water andlor sewer service agreements are negotiated with the Interim utility system serving the project. 95.2.19. Data required under County Ordinance No. 80-112 showing the avellbbllity of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and tranamlaslon systems and the wastewater treatment facility to be utilized, upon receipt thereof. -39- 'c. ,.. • BOOK 020 ria 169 a fl ntr^h' k'"•'"' 15.1.13. If an Interim on-sita 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 firm flow demand at a rain approved by the appropriate .I Fir* Control District servicing tha project area. �in•' �r u0- Y SECTION XVI PROJECT IMPROVEMENTS 16.1. PURPOSE The purpose of this Section Is to sot Porth the physical Improvements which shall be installed by the developer or his successor In title. 16.2. IMPROVEMENTS A. PEDESTRIAN BICYCLE PATH: A pedestrian/blcycla path shall be davaloped along the westerly edge of the main north/south access reed, at the time that the road Is developed. The pedestrian/bicycle sort path may be located In part within the road right-of-way and In part within the drainage and utility easement which Iles adjacent the westerly edge of the road rlghl-of-way, as approved by the County Engineer end/or the County Utilities Division. S. PRESERVATION OF EXISTING NATIVE PLANT MATERIAL; LANDSCAPE ._.... PLAN; LANDSCAPE IRRIGATION AND MAINTENANCE PROGRAM: A basic prefect objective Is to retain the natural vegetative quality of this typical southwest Florida coastal area, both through careful preservation of existing good native vegetation and through relocation and/or Importation of native plant materials. Whan construction sites contain cabbage palmetto, seagrape, or other native plant material which has a useful landscape purpose and the capability of being transplanted, such material shall be transplanted to the project open spaces. No modification shall be made to natural vegetation or to the land surface gulfward of the westernmost residential development altos, When the bayrrant tiles ora developed, the existing shoreline and associated native wetland vegetation Is to be retained in Its existing state. No seawalls shall be constructed or other modification made to existing shorelines. Prior to the Issuance of any alteration, permits, the development sponsor shall submit detailed plans, Including all -41- BOOK 020 mu 171 pertinent data, to the Natural Resources Management Department far review and approval, Selective clearing of trees and other native vegetation shall be exercised. Protected trees, native vagetation, and other desirable areas shall be clearly flagged or otherwise marked, °, :' _ - and a protective fence of a type accaptabla to the Natural Resources Management Department shall be erected along the limits of clearance lines 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 rlghls-of-way, main north/south road, minor residential streets In the backbay portion of the plan, and the beachfront cluster access drives, are to be commonly owned and maintained by the property ownora' association. The construction specifications of project roads and drives shall be as follow%: Main NorthfSouth Road: 26 ft. pavement width within a 60 ft. right- of-way, aligned as shown on the Master Plan. Beachfront Cluster Access Drives: la ft. pavement width within a SO ft, right-of-way, aligned as shown on the Master Plan ar on approved Site Development Plans. Backbay Roads: 20 ft. pavement width within a 60 ft, rtght-of-way, aligned as shown on the Master Pian or on approved Site Development Plans. Improvements In Bonita Beach Road Right-of-Way: The developer nhoif provide a left turn storage lana at the project entry read, per DOT design requirements, as part of the initial project road Improvements. An extra travel lane shall be constructed by the developer at the entry Sete, permitting security checks without blocking traffic flow. 600K 020 PACE 172 � J � If and when a traffic light at the entrance Intersection Is deemed warranted by DOT, the developer or his successor In title shall contribute his pro—rata share to the coal of the light. Recorded Private Access Easement Extending from Bonita Beach Road Through Barefoot Beach Lands: The recorded easement extending southerly 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 easament. P Main North/South Read Construction Timing: The main north/south access road extending from Bonita Beech Road to the south line of the.._. Barefoot Beach project shall be constructed by the developer, with construction completion occurring no later than June 4, 1989. D. STREET LIGHTS: Street lights will be Installed by the project sponsor In the locations Indicated on the approved subdivision plan and/or approved Site Development Plans, as applicable. The project developer or the project properly owners' association reserves the right to install street lights at more frequent intervals. Sheet light fixtures shall be ornamental, low Intensity, and free of glare which constitutes a nuisance to nearby homesites, E. STORMWATER MANAGEMENT: There shall be no project stormwater collection and distrlbutlon facility which connects directly with tide water. Any drolnageway crossing the north/south access road shall discharge via spreader facilities Into upland mangrove, through which It shall sheet (low toward tide water. Delalled plans and specifications for all water management features within the project shall be submitted to and approved by the County Water Management Advisory Board as well as by any other governmental agency with jurisdiction, prior to final plan approval, When development of back bay waterfront homasites or _43_ sella 020 rill[ 173 H. WATER STORAGE TANK: PRESSURE PUMPING FACILITIES: If deemed necessary to meet County Utility Division requirements, the Barefoot Beach development sponsor shall Install water storage tanks and boaster pumps In Tract "J", or elsewhere as directed by the Division. _44- 020 Pta M ie'-' - I racreatlan areas occurs, no seawalls shall be constructed and no other modifications shall occur to the land at the waters a ii or F.'..,,:. within ten feet of the mean high tide line except for such boating 1 5• related Improvements as may later be authorized by All governmental VS ,,. agendas with )ur(adlction. No portion of the project area shall be ..; ;{ modified by nn individual tot owner so as to drain directly to tido wabreW^,; F. SIGNS AND OrFSTREET PARKING AREA LANDSCAPING: Collier County regulations dealing with signs and offstraet parking area landscaping shall be applicable to the Barefoot Beach project. C. PUBLIC BEACH: Although not a part of this PUD project, the Barefoot Beach project sponsor hag dedicated a tract of beachfront land to Collier County for public beach recreation use. The dedi- cated tract Iles adjacent and immediately north of this PUD. 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 afrstreet parking spaces to serve the public beech, and to construct the offstreat parking facility. Commlttment Is hereby made that the offslreat parking facility land dedication and physical Improvement in accord with County approved plans will be completed no later than June 4, 1486. H. WATER STORAGE TANK: PRESSURE PUMPING FACILITIES: If deemed necessary to meet County Utility Division requirements, the Barefoot Beach development sponsor shall Install water storage tanks and boaster pumps In Tract "J", or elsewhere as directed by the Division. _44- 020 Pta M ie'-' SECTION XVII ENV I RONMENTAL ADVISORY COUNC I L ST I PULATIONS 17.1. PURPOSE The purpose of this Section is to set forth standard requirements of the C Environmental Advisory Council relative to site clearing, retention and reinforcement of native vegetation, elimination of exotic plants, and archaeological or historical site protection. 77.2. 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 clearing plan shall clearly depict how the final site layout Incorporates retained native vegetation to the maximum - extent possible and how road$, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent posslble in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the Incorporation of native species and their mix with other species, If any. The goal of site landscaping shall be the re- creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined In the County Code, shall be removed during each phase of construction from development areas, open space -45- WK 020 fled 175 -46- 400K 176 areas, and preserve areas. Following alto development a maintenance program shall be Implemented to prevent relnvasion of the site by such exotic species. This plan, which will dascribe control techniques and . t Inspection Intervals, shall be filed with and approved by the Naturol L:r - Resources Management*Department and the Community Development Division. D. if, during the course of alto clearing, excavation, or other construe- onstrue(lona[ (Iona[actIvlt ie a, an archacologlcaI or hIstorica1 9Its, artifact, or other', - � '.'�(� Indicator Is discovered, all development at that location shalt be- Immediately stopped and the Natural Resources Management Department . notified. Development will be suspended for o sufficient length of time ' to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to Its sa[vageabillty. The Natural Resources Manage- ment Department will respond to any such notlflcatlon In a timely and ef(iclant manner so as to provide only a minimal Interruption to any constructional activities. -46- 400K 176 SECTION XVIII PROTECTIVE COVENANTS DECLARATION OF PROTECTIVE COVENANTS. FOR BAREFOOT BEACH i,,. } 18.1. PURPOSE :". The purpose of this Section Is to set forth the protective covenants which a are appHcabla to the hereinafter described property. These protective covenants are of record in Collier County Official Record Book 7450 Pages ..:.,. 1699 through 1707. The covenants are hereby, Included within this PUD document, as recorded. 18.2. 9ffIt IA,. �CGBd'A UUK ' COLl.i6't GGu'i`.iLC RIGi\ DECLARATION OF PROTECTIVE COVENANTS An 17 1135 hf '7a BAREFOOT BEACH _._. s s��o Sic 745 ; zdfu�(99 THIS DECLARATION, made on the date hereinafter met forth by Lely Estates, Inc. hereinafter referred to as DEVELOPER. WITNESSETH: DEVELOPER is the fee simple owner of certain lands in Collier County, Florida, described as: ----- As per the legal description attached hereto and labeled Exhibit "A"----- _47_ 020ft6t177 k�}:._ .. :.,.1 Vl"C WHEREAS, DEVELOPER will convey said lands or portions thereof subject to protective covenants, con- 1'�"' ditions, restrictions, easements, reservations, lien right, and charge rights, as herein sat forth: NOW, THEREFORE, DEVELOPER hereby declares that ., the above described property shall be held, sold, and conveyed subject to the following restrictions, covenants, and conditions, all of which areestablishedfor the sole purpose of enhancing and protecting the value, attractiveness, and pleasant living quality of BAREFOOT BEACH. These — covenants shall run with the land unless terminated as hereinaftar set forth and ¢hall be binding on all parties, whether grantees, nortgagees, devisees, heirs, personal representatives, successors or assigns, or any other person claiming right, title, or interest, present or future, in the described property, or any part or portions thereof. I DEFINITIONS: As used herein the followirg,dafinitions shall apply: DEVELOPER shall mean and rater to Loly Estates, Inc., a Texas Corporation authorized to do business in .Florida, its successors in ownership or its assigns. '��;. - BOON 6120eut d70 .. 91fi ' iii 7a.5 PmEl7oa OWNER shall mean and rarer to the record ownor, whether ona or mora persons or entities, of the fee simple title to any real estate included within Exhibit "8" attached .' hereto and including those having an Interco moraly as security for the performance of an obligation. Ti A. The first floor finished elevation for residential units shall not be lass than +14.5 feet Mean Seal Level datum. The elevations of the bottom of the structural members supporting the first finished floor, with the exception of piling, shall be not less than +13.0 feet Maar Sea Level datum. B. The structures foundations thereof and snielding strut - euros (see paragraph C) shall be designed by an engineer• licensed in the State of Florida. The foundations and principle structures shall be designed to safely accept a 200 mph wind lean in accordance with the loading system set forth in the South Florida Building Code. The structural shall be pile supported with pile tips not less than elevation minus 15 feet Mean Sea Level datum. The piling shall be concrete with A 12 inch minimum side dimension and they shall be designed to accept lateral loads equivalent to 5;000 lbs. par horizontal foot multiplied by the width/ diameter in feet of the piling, anplied at an elevation of 11.0 feet Mean Sea Level datum,,. This load shall be considered to act simultaneously with the above described wind load. - The piling shall be at least B feat apart, measured from � centers of the niling, -R9-' BOOK 020PAr V c. All shielding structures below the level of elevation +13.0 Moan Sea Level shall be frangible and designed to °�• blow out at 'a wind load of 90 mph. If such structures are �c••„ connected to the frame or the piling, the £roma and piling iy must be designed to withstand the lateral loads described in Paragraph 9 above and an additional load of 80 pounds gsr �'••' square foot applied uniformly over the connected structure. D. The design engineer shall certify on the plans for the structura that the structure has been designed in accordance with these restrictions. E. These restrictions shall apply to all residential build- ings and other structures of similar design life located within the aria described in Exhibit "o". F. There shall be no excavation seawsrd of the Coastal P Construction Setback Line which would reduce the existing groundelevations, or result in the permanent destruction of existing dunes ridges. This restriction shall not ° preclude excavation for pile foundations, utilities, or non -permanent excavations. G. Additional deed restrictions which ara not inconsistent with the above covenants and do not lower the standards establis::sd by these restrictions shall not be precluded, H. No construction shall be permitted seaward of the property described in ExSibit "e", or in those areas hold in common ownership lying west of the Coastal Construction Setback Lino. Y In the event that the Coastal construction Setback Line es- tablished in Collier County pursuant to Section 161.053 Florid Statutes, shall be repealed by legislation or determined un - 9.,.' constitutional or invalid by any Court of competent jurisdicti and such datormination has bacon final -and not 'suloj ect to !vz ' thar judielel. review, the covenants and restrictions herein set may be abandoned by an act of a :majority oi the ownara of the land set forth in Exhibit "A". I. Variances or waivers to these restrictions shall be valid only if approved in writing by the Florida Department of Natural Resources or other State Agency exercising juris- diction over coastal construction and it the variances or waivers asa also approved by the DEVELOPER. XXX ' f' 45 PAA702 MODIFICATION OF COVENANTS: The DEVELOPER hereby reserves the right to make reasonable modifications to these covenant: except for Sections II, A through I inclusive and thin section, from time to time, either by way of additions, deletions, or changes, so that it may better assure the protection of the value, desirability and attractiveness of the subdivision. These covenants are supplemental to and independent of any zoning, present or future, of the County of Collier. No variance or zoning change permitted by the County shall in any way be construed to reduce or modify the covenants contained herein. St WK 0.20w,481 181 e ACCEPTANCE OF COVENANTS BY LOT OWNERS Each OWNER, by ar. p®pt^ ; u . , lae4. ing an interest in any lot, hereby and thereby Agraes to be ound by all the conditions, limitations, reservatien0, and I I restrictions as contained harain, and in the event of a - ; '7[ broach agrees to pay all costs, including a reaaonable 4 •. attorney's Pae, for the anforcemsnt of these covenants. N� V Rzn-:DSES]. In the event of a violation or breach of any of these restrictive covenants, the DEVELOPER or any group of five (S) owners shall hava the right to proceed at law or in equity to eorpal compliance with the terms hereof or to prevent the violation or breach of any of them. The failure to enforce any right, reservation, restriction, condition or ' limitation herein contained, however long continued shall not be deemed a waiver of the right to do so thereafter. The invalidation by a court of any covenant he. rain contained 3hall not in any wayaffact any of the other covenants, which shall remain in full force and effect. Any delinquent OWNER agrees to pay a reasonable attorney fee for the dneorcemant of these use restrictions. VI This Declaration of Protective Covenants shall be incorporated in any Declaration of Condominium pertaining to the real estate includgd within. -Exhibit "B". 6 - c -Si- i S �Dok 024) � t F. e . . 1 :• .. .. � 114:: ; .. r i �/ � 1. which we have numbs which we have numbered_ 3. We have filed this/ttmso (R'Mlance(s) in this office on July 17, 1985. punched I 4. The original/dupldtaete copy/ion showing the filing data is/a boing returned for your records. Cordially, Vn �- V`3 r`� .� (Mrs.) L"`..YYY��818181 Cfloud, Chief Bureau of Administrative Code IF LC/mb u. 't Enclosure (1) G"a vw Q'Y- 1%j -Z arg, FLORIDA DEPARTMENT OFSPAT&LI'VED =>. ;:'.:...:. Ge°rgesK °l Ptl 2 99 C July 18. 1985 •'�'-"' Honorable William J. Roagan, ':n U.' "'''-:.'i'.FL0S1DA Clerk of Circuit Court CollierCounty Courthousa Complex .;, Naples, Florida 33962.4977 ,1 Attention: Louise Chesonis, Deputy Clerk Doer Mr. Reagan: , Pursuant to the provisions of Section 125.66, Florida -+ Statutes, this will acknowledge: - 1. Receipt of your letter/s of July 15, 1985 and copy/ias of Re: Collier County 85-21 Ord. Add: Page No. 52 of Collier County Ord. No. 85-21/Lely Barefoot acn 2. Receipt of County ordinance/s relative to: which we have numbs which we have numbered_ 3. We have filed this/ttmso (R'Mlance(s) in this office on July 17, 1985. punched I 4. The original/dupldtaete copy/ion showing the filing data is/a boing returned for your records. Cordially, Vn �- V`3 r`� .� (Mrs.) L"`..YYY��818181 Cfloud, Chief Bureau of Administrative Code IF LC/mb u. 't Enclosure (1) G"a vw Q'Y- 1%j -Z t. 0 f I vII iic 745 r'ArE1703 �Pk}"J 'Each owner of the property seaward of the Coastal construction << t�Af. Setback Line shall notify the State of Florida, Department rf;.i,-.1 of Natural Resources, in writing of the intent to build any structure seaward of the coastal construction Setback Line, not less than 15 days prior to the commencement of such construction. This notice sh_il be accompanied by two sets of construction plans 'and specifications for the pro- posed structures, certified in accordance with Section YI D of thcse covenants by a Professional Engineer, registered in the State of Florida. -53- IN WITNESS WHEREOF, L£LY ESTATES, INC., has caused •'4'," this Declaration of Protective Covenants to be signed by. 4 its duly authorized offioer and its corporate seal ,�93xed.5'��q, ,:hereto this 7th day of April , 1978 _'f,.•; j�z_;+ SSG: IN THE PRE$ 'CE OF:cTATES, N�'.... �..• •.:,� �E�' a- Cnr st aan W. Duve of Its Vice -President (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF COLLIER • I HEREBY CERTIFY that on this day, before me, a Notary • public duly authorized in the State and County named above to take acknowledgments, personally appeared the above named, CHRISTIAAN W. DUVEEOT, well known to me to be the person described as Vice -President of the above named corporation w611 known to me to be the person who executed the foregoing Declaration of Protective Covenants in the name o_ and for that corporation. • WITNESS my hand and official seal in the county and state above this 7th day of April , 1D78_ .V ._ (NOTARY SEAL) Notary $�ubS�— �r [•! :' � '; �.l my conuaiasion a Yes't • 4� i i :6"i hr;rn Riad sooK 020 183 syr i p ' H i I lei ai's 745 .xw i7ai! ---All Zands Zying in Saotion 5, Saatian 6 Saotion 7 and Ss,ation 6, in Taunbhip 48 South, Range 25 Eaat, Collier County, , • ?Zorida, Tying Naet of the Agroad Upon . Boundary Line as dasoribsd and raaordad , in o.R. Book 68, Paga3 235 through 2S6, inaZusive, in the Pub Zia Records of Co lliar .. ._ County, Florida, and horaby spaoifioally tno .Zuding all aooratior. and/or ra Ziotion •appurtenant tharatc. Eaoapting tharafrom any part of said Saotion 6 uhiah forms a part of the Bonita Boaah , Road, lama bairg SR Fcga, one of one --ago -55- +. I= 020PAGrI84' ra mW 3iANLEY Pd. HOLE AND ASSOC.,.INC. , COn6Ul`ING EkG WEc AS Oanuary 17, 1578II NOOK 020 pm 185 lc al neaeri tion of Area encomoassad under the Ji 6'0 ��`7 r rg"-1 705 ' ec era- an o 1'ro-actavo covonhnta, Hare.00t Heath o zer" aunty. orzca-��- EXHIBIT "S" ' Comnoneing at the Northeast corner of Section 6 TvP. 4SS Eg. 252 'thonce run N 89.49101" W along the north line of maid Section 6 for 3,396.61 feet to A concrete c,onuaont marked "GAC Monwmant", thence run S 18°21146"2 for 704.53 feet, thence run N 71.38'14" 2 for 78.14 feat, thence run S 19'47142" E for 2.00 feet to the Point of He 9'inning. Thence S 19'47'42" E 72.50 feet,thance:.run:'S19''47'49" E 199.77 feet, thence S 18'21'36" E 198.80 feet, thenca S 19'47'09" E 201.67 feet, thence S 21.24'08" E 200.07 feet, -thence S 18.45121" E 199.81 feet, thence S 21.00158" E 253.28 feet, thence S 23'42'40" E 347.33 feet, thence S 17.19138" E 200.70 feat, thence S 15'51158" E 198.55 feat, thence S 18.57159" E 201.89 feet, thence S 18"40'23" E 203.22 feet, thence S 18.42119" E 195.48 feet, thence S 16.41'20" E 199.90 feet,, thence S 20°07'08" E 202.50 feet, thence S 15145'11" E 196.57 feat, thence 5 15°51'36" E 202.23 feet, thence S 17'14'16" E 190.29 feat, thonce 5.19'19129" E 201.56 feet, thence S 17'16'12" E 199.30 feet, thence S 19.02'34" E 200.39 feet; thence S 20128132" E 199.82 foot, , thence S 21"54'31"E 199.89 feat, thence S 19'29'00" E 200.87 feat, thence 5 19°46'23" E 198.41 feat, thence S 22°37147" E 200.45 feet, thence S 22°37154" E 200.31 _feet, thence S 21°11151" E 200.65 feet, thence 'S 18"20'24" E 200.52 feet, thence S 17"36'13" E 200.67 feet, thence 5 17°12107" E 199.80 foe,t, thenco S 17°12'52" E 202.87 feet, thenen S 17°11'32" E 200.15 fact, thence S 1504:'11" E'196.43 feat,-. ,I thence S 18"01104" E 202.24 feet, ttenca S 1S600'12" E 399.70 feet, i i; thance 5 :0`00169" E 199.51 feet, i� -56- NOOK 020 pm 185 mr,°' Love l 'oo a cry ption-Protect5va Cevananta ,._Uarafoot Base:: 71.20-88 Page 2 I te1.R6e7! �7 . 7 thence S :8"00'13'• E 200:10 feat, thence S 17°59'37" E 197.71 feat, .thenco S 19°30157" E 206.42 foot, thence 5 19°34'58" E 199.63 feet, theme® S.10108'40" E 199.89 feat, thence S 12416121" E 195.64 teat, �': thence 5 1d°/5'17" £ 204.92 foot, thence S 18.08'19" E 200.64 feat, kthence S 1G°06139" E 199.66 feet, thanca S 17137130" E 197.05 feet, thonca S 17'37'48" £ 200.30 foot, thence 5 14°46'51" E 201.14 fent, thone* S. 19'03'25" E 200.54 feet, thence 5 16'44'29" E 193.29 toot, Nj. thence S 16'20'36" E 197.35 feet,�thence N 88.27'55" E 294.2G feet ,}t" thence N 17'43'15" W for 3,423.45 feet, thence 408.0:•feet along the arc of a curve having a radius of 440.05 foot, central angle of ..---. 53°07'51" chord bearing N 00'08'29" W, thence N 16'36'34" W for 147.36 feet, thence N 11'24'44" W for 570.08 feet, thence 173.47 feet along the arc of a curve having a radiva of 435.72 feat, central angle of 22-43-37-, -chord bearing ➢B 15"52'16" W, thence N 23' 31122" W for 846.68 foot, thence 339.22 feet along the arc of a purva having a radius of 170.00 feet, central angle 11419'48 and chard Learing a' N 37°21'13" W, thence N 1S°33'43" W for 1,091.74 toot, thence N 13040'49" W for 848.65 feat, thence 111.54 foot along a curve having a rz.dius of 170.00 fact, central angle 37°35'28" and chord bearing N 22'39149" W, thence N 41'27'33" W for 150.80 feet, thence 102.61 feet along a curve having a radius of 230.00 feet, central angle of 25°33'46" chord boating A' 23'40160" W, thence 86.96 feat along the arc of a curve having a radius of 899.95 fact, central nn51c of 5'37.'22" and chord haMrirg 5 18'35'58'° W, thence N 18°57102" W 57- 4i•. iurni Bnaer iPtion-Protective Covanan L•a ,,,•f n �..� -'�;,arafoot aaach 71.20-Sa 6Ef 7G.� f1,Gc"�?U; „ , . i; Paga 3 . .. �, :z$ 'int,,: „. sv.or.1,212.E7 feot,. thence 71.12. feat along the arc o1 a curve having •.i''eifr; -. q`C''radius of 305.36faet, central eagle of 3C040123" chord boar'_ng :yfi ..;..1 . ,,i"\.:26'46'44" 14, thence W AS•O6'S7" W for 52.57 feet, thence 36.24 <�.}. i�+•�•foot along 'Cho arc of a curve having a rcdiuc of 427.95 :net, ?.yd k .1�.•ceatral angle of 4°51108" chord bearing N 43.41124" E thence W 7.46'54" y 3f:W for 721.21 feat, thenco 334.52 feat along the arc e: a curve having v • a radiun'of 227.96 feet, central angle 84.04'40" chord boaring \' :•i:� : 66.19'26" W, thence 5 71.38114" 14 for 185.59 feet, thence N 19447142" . or _ 7T W for 10.01 font, thence S 71.39'14" W for 72.02 feat to the Point of ' Beginning. BOOK 040Pa148 1 o -J R,.o•esv uM V,r.(i4 C,i.t�a�Rl,o, C011�lt 'J �P.Y �Rc}}4�`,0q er` 4 nna.Av r.CV.MIi '; P U�� 1 •�I OKI BAREFOOT BEACH r.:.. bBOK Q20P1f,f188 LEGAL OESCRIPTIONi The subject property abuts the Gulf or Mexico on the Hppv; west and the inland tidal waters of the state on the cast. It extends in o north/ `s south direction for approximately two miles and lies very near the northern Colllar County line, The precise legal description is as follcwrt All land lying F° 4r, in Section 5 Section 6 Section 7 end Section 8 Township 48 South Rana 25 r r r r P r g '1t East, Wlier County, Florida, lying west of the ogreed upon boundary line a, described and recorded in OR Book 68, Pages 235 thru 250, Incluslve, in the " Public Records of Collier County, Florida, less and except the following dascri6ed parcel: Begin at the northeast corner of Section 6, T48S, R25E, thence run west along the north line of sold Section 6 a distance of 3,396.61 feet to a set GAC,_._ monument, thence continue to run wait along said north line of Section 6 a distance of 80t feet, to the moon high water line of the Gulf of Mexico, thence run in a southeasterly direction along the mean high water line to the intanoction of sold mean high water lino and a line bearing S 71' 38' 14" W from a point located S i8. 21' 46" E a distance of 704,53 foal from the above noted GAC monument, Thence run N 714 38' 14" E a distance of 60t fact, to the above located point, thence contlnuing N 71' 38' 14" E a distance of 150.16 fact, thence N 19. 47' 42" W a distance of 41,01 foot, thence N 6B" 45' 00" E o distance of 580.00 feet, thence S 67e 01' 27" E to a point SO feat beyond and seoword of the moan high water line of the "all water body extending waited), from Little Hickory Be),, thence meandering nor',karly and easterly along a line 50 foot seaward of the mean high water line along lands 06uttfng the south side of Bonito Beach Read (SR -865) to the east line of Section 6, T 48 S, R 25 E, thence north along the cost lino of said Section 6 to the point of 6eginning. r.:.. bBOK Q20P1f,f188 Boux 020pic,,189 i% a mt rm.•en n,G,i •'• ' ii.'umon . a; IAT s ��33r1f� ao G4 �'�•�,>�61Pf318� AMENDED JJd✓ DECLARATION OF PROTECTIVE COVENANTS CONSTRUCTION REQUIREMENTS Jr BAREFOOT REACH pp/ 'Re-recorded to , hI� include Exhibit tO i; �.. THIS DECLAAATION, made on the data hereinafter eat forth by Lely Estates, Inc. hereinafter referred to as DEVELOPER. �Cu�NlLsfucsnybo� Dom WITNESSETH: HAYS DEVELOPER is the fee simple owner of certain lands in i,.l. Collier County, Florida, described ase `••,-----Ae per the legal description attached hereto and labeled Exhibit "A" ------ WHEREAS, DEVELOPER will convey said lands or portions thereof subject to protective covenants, conditions, restrictions, easements, reservations, lien right, and charge rights, as herein set forth: NOW, THEREFORE, DEVELOPER hereby declares that the above described property shall be held, soldr and conveyed subject to the following restrictions, covenants, and conditions, all of which are established for the sola purpose of enhancing and protecting the value, attractiveness, and pleasant living quality of BAREFOOT BEACH. These covenants shall run with Lha land unless terminated as hereinafter set forth and shall be binding on all parties, whether grantees, mortgagees, deviance, heirs, personal ropresentatives, successors or assigns, or any other person claiming right•, title, or interest, present or future, in the described property, or any part or portions thereof. Z DEFINITIONS: As used herein the following definitions a shall apply: DEVELOPER shall mean and refer to Lely Estates, Inc., a Texas Corporation authorized to do business. in Florida, its - ' successors in ownership or its assigns. 000K 020Pea191 ' A. The first floor finished elevation for residential Unita shall not be leas than +14.5 fast N.G.V.D. The elevations of 1f; . +�'• the bottom of the structural members supporting the first finished floor, with the exception of,piling, shall be not Ions than +13.0 feet Mean Sea Level datum. Iir.. B. The structures foundations thereof and shielding structures (see Paragraph C) shall be designed by an engineer licensed in the State of Florida. The foundation and principle structures shall be designed to safely withstand the effects of a hurricane force wind of 140 mph acting at a point 30' (feet) above the average surrounding ground level as set forth in the latest edition to the Southern Building Code, Southern Building Code Congress International, Inc. The structures shall be pile supported with pile tips'not less than elevation minus 15.0 feet N.G.V.D. The superstructure shall be directly supported either by concrete piling or by concrete columna. If the pilings are directly connected to the superstructure they shall extend without splice from the tip elevation to the underside of the support structure. If the superstructure in supported by concrete colums, the colums shall be supported by concrete pile caps, the top elevation of which shall be no higher than + 3.0 N.G.V.D., and the pile caps shall be supported by concrete piling. The super— structure-support members -- either columna or piling -- shall have minimum side dimensions of 12 inches, shall be designed to support the previously described superstructure loads combined with a lateral load of 5,000 lbs. x the side dimension of the member in feet applied to each member at elevation 11.0 N.G.V.D. EOOK UiCrV ��.E A�J(y w i.aur+- - O.R. $67 PC - 9 owNEA shall mean and refer to the record owner, whether M . ,ono or more persons or entities, of the fee simple title to any real estate included within Exhibit "B" attached hereto and including those having an interest merely as security for tha performance of an obligation. A. The first floor finished elevation for residential Unita shall not be leas than +14.5 fast N.G.V.D. The elevations of 1f; . +�'• the bottom of the structural members supporting the first finished floor, with the exception of,piling, shall be not Ions than +13.0 feet Mean Sea Level datum. Iir.. B. The structures foundations thereof and shielding structures (see Paragraph C) shall be designed by an engineer licensed in the State of Florida. The foundation and principle structures shall be designed to safely withstand the effects of a hurricane force wind of 140 mph acting at a point 30' (feet) above the average surrounding ground level as set forth in the latest edition to the Southern Building Code, Southern Building Code Congress International, Inc. The structures shall be pile supported with pile tips'not less than elevation minus 15.0 feet N.G.V.D. The superstructure shall be directly supported either by concrete piling or by concrete columna. If the pilings are directly connected to the superstructure they shall extend without splice from the tip elevation to the underside of the support structure. If the superstructure in supported by concrete colums, the colums shall be supported by concrete pile caps, the top elevation of which shall be no higher than + 3.0 N.G.V.D., and the pile caps shall be supported by concrete piling. The super— structure-support members -- either columna or piling -- shall have minimum side dimensions of 12 inches, shall be designed to support the previously described superstructure loads combined with a lateral load of 5,000 lbs. x the side dimension of the member in feet applied to each member at elevation 11.0 N.G.V.D. EOOK UiCrV ��.E A�J(y w ' J O.R. 868 PG (;3 O.R. 867 PG 1320 The above described support structure shall be ml closer to- gether than 7 feet clear distance. C. All shielding structures below the level of nlcvation +13.0 Mean Sea Level shall be frangible and designed Lu blow out at a wind load of 90 mph. Fastenings shall be desi.lnnd to fail when the surface is subject to a uniform load of 40 its, par square foot. D. The design engineer shall certify on the plana for the structure that the structure has been dsslgned in accordance with these restrictions and consideration has been given to the '"�„;,•, Design Wave Force Analysis performed by the Department of Natural Reaources, Bureau of Beaches and Shores, recorded and attached hereto as Exhibit "C". E. These restrictions shall apply to all residential buildings and other structures of similar design life located within the area described in Exhibit ;'B".�' F. There shall be no excavation seaward of the Coastal Con- struction Setback Line which would reduce the existing ground dunes ridges. This restriction shall not preclude excavation for pile foundations, utilities, or non -permanent excavations. G. Additional dead restrictions which are not inconsistent with the above covenants and do not lower the-standarda +m established by these restrictions Shall nat be precluded. if. No construction shall be permitted seaward of the property described in Exhibit "B", or in those areas held in common ownership lying west of the Coastal Construction Setback Line. In the event that the Coastal Construction Setback Line established in Collier County pursuant to Section 161.053 Florida Statutes, shall be repealed by legislation or determined unconstitutional or invalid by anv Court of competent jurisdic- tion and ouch determination has become final and not nnbject to further judicial review, the covenants and restrictions herein set may be abandoned by an act of a majority or the owners, of the land sat forth in Exhibit "A". Fri BOOK Q20 riu 193 J O.R. 867 PG 1321 1, Variances or waivers to these restrictions shall be valid ""•'' only if approved in writing by the Florida Department of Natural Resources or other State Agency exercising jurisdiction over 'coastal construction and if the variances or waivers are also Ft n irtar 'i:. approved by the DEVELOPER. ZSZ -' MODIFICATION OF COVENANTSt The DEVELOPER hereby reserves the right to make reasonable modifications to these covenants, ,- except for sections II, A through I inclusive and this section, ', �•+r from time to time, either by way of additions, deletions, or �4dy�; changes, no that it may better.assure the protection of the iP value, desirability and attractiveness of the subdivision. These covenants are supplemental to and independent of any zoning, - present or future, of the County of Collier. No variance or zoning change permitted by the County shall in any way be con- . otrued to reduce or modify the covenants contained herein. IV ACCEPTANCE OF COVENANTS BY LOT OWNERSt Each OWNER, by accept- ing an interest in any lot, hereby and thereby agrees to be bound by all the conditions, limitations, reservations, and restrictions as contained heroin, and in the event of a breach agrees to pay all costs, including a reasonable attorney's fee, for the enforcement of these covenants. V REMEDIESt In the event of a violation or breach of any of these restrictive covenants, the DEVELOPER or any group of five (S) owners shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent the violation or breach of any of them. The failure to enforce any right, reservation, restriction, condition or limitation herein contained, however long continued shall not be deemed a - waiver of the right to do so thereafter. The invalidation by 0008 020 PAGE 19 0 ,. by the Owner, his assigns or successors until such time as the -37- liolix OZOPtrf167 County's Central Water Facilities andlor Central Sewer Facilities are available to service the project, Prior to placing the water " treatment, supply and distribution andlor sewage co(lection, t q"+. ', transmission and treatment facilities Into service the Developer. ... shell submit, to the Collier County (Utility Rata and Regulation -' � f Board) for their review and approval, a schedule of the rates to , be charged for providing processed water andlor sewage treatment , to the project arm an an Interim basis until the County's central C. ." water and/or **war facilities are available to serve the project. bl Upon connection to the County's Central Water Facilities, andlor Central Sewer Facilities, the Owner, his assigns or successors .- shall abandon, dismantle and remove from the site the Interim water andlor sewage treatment facility and discontinue use or the water supply source, if appllca6la, 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 Counly'a Central Water andlor Sewer Facilities -"— will be made by the owners, their assigns or successors at no cast to the County within 90 days after such faclllties become 'available. The cost of connection shall Include, but not be limited to, all engineering design and preparation or construction docu- ments, permitting, modification or refitting of sewage pumping facilities, Interconnection with County central facilities, water andlor sewer linea necassary to make the connectlan(s), etc. 15,2. 6. At the time County central water andlor sower facilities are available for the project to connect with, the following water and/or sewer raciiities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in erfect at the time; -37- liolix OZOPtrf167 RED UP MUM3,.2 ` a court of any covenant herein contained shall not in any way Y of Cect any of the other eovenanta, which shall remain in full - force and affect. Any delinquent OWNER agrees to pay a reasonable attorney fee for the enforcement of these use c,C restrictions. V1 This Declaration of Protective Covenants shall be incorporated In any Declaration of Condominium pertaining to the real eatato included within Exhibit "B". v11 Each owner of the property seaward of the Coastal Construction Setback Line shall notify the State of Florida, Department of Natural Resources, in writing of the intent to build any structure seaward of the Coastal Construction Setback Line, not leas than 15 days prior to the commencement of such construction. Thie notice shall be accompanied by two sate of construction plane and specifications for the proposed structures, certified in accordance with Section II D of these covenants by a Professional Engineer, registered in the State of Florida. VIII These Amended Declarations are intended to replace those Declaration of Protective Covenants dated the 7th day of April, 1978 and filed in official Record Book 745 pages 1699-1707 of the Public Records of Collier County, Florida. IN WITNESS WHEREOF, LELY ESTATES, INC., has caused this Amended Declaration of Protective Covenants to be signed by its duly authorized officer and its corporate seal affixed hereto this 1_ day of 1114✓ , 1980. SIGNE IN THE RESENCE OFt LE 'TATES (N/C.,�� r C'PrIet an W. Duv�coN �7.. is Vice -President (CORPORATE SEAL) BOOK 020w,495.. 5a %4 d.IL 887 PG 1323 STATE OF FLORIDA - COUNTY ,Or COLLIER ,�{• >••�:' I HEREBY CERTIFY that on .thio day, before me, a Notary r.'.: Public duly authorized in the State and County named above to take acknowledgments, personally appeared the above named CiiAiSTIAAN W. DUVExOT, well known to me to be the pardon x,.., described as Vice -President of the above named corporation wall >,known to me to be the parson who executed the foregoing Ku.;D@claration of Protective Covenants in the name of and for :;that, corporation. r1 WITNESS my hand and official anal in the county and state above this /Lt_ day of 1 �j(1/A9,�• J'r•�,OV.R F,,i��.i NOTARY PUBLIC My commission expired. . '¢�• "' E G. �; nney rlkra sat. d ns. at lam. 1,, •', J`� { . }'..,il. i EF ienr,Aa�Jm E.yhm lw~r e..«n a v D.R.869PIGiming O.R. 867 PC 1325 I�. STANLEY W. HOLE AND ASSOC.. INC. 'CONSULTING ENGINEERS Itsal Deacri tion of Area oncom assed under the ua nrot nn o irotect va covan66ntn, Baznloot lic Ach Z`'o1T3.n-�n`unEy, �Tnr a f�6-9ii-� EXHIBIT "B" Commencing at the Northeast corner of Section 6 Twp. 408 RD. 2SE thence run N 89°49'01" H along the north line of said Section 6 for 3,396.61 .feet to a concrete monument marked "CAC Monument", t0anco run S 18.21146"L•• for 704.53 font, thence run N 71'38'14" E for 78.14 fact, thence run S 19047142" E for 2.00 feet to the Point of 'Beginning. Thancu S 19047.42" E 72.50 faet,thence:.run.'Sl9047'49" E 199.77 foot, thence S 18'21'36" E 198.80 feet, thence S 19.47109" E 201.67 feet, thence S 21.24108"'E 200.07 feet, th^_nco S 18.45121" E 199.81 feet, thence S 21"00'58" E 253.28 feat, thence S 23.42140" E 347.33,feet, thence 5 17"19138" E 200.70 feet, thence S 15.51158" E 198.55 f0et, thence 5 18°57159" E 201.89 feet, thence S 18.40123" E 203.22 feet, thence S 18.42'19" E 195.40 feet, thence S 18.41120" E 199.90 foot, thence S 20007108" E 202.50 feat, thence S 15045'11" E 106.57 foot, thence S 15"51136" E 202.23 feat, thence 5 17.14'16" E 190.29 fret, thence S 19119129" P. 20].SG feet, thence 5 17'36'12" E 199.30 feet, thence S 19°02'34" E 200.39 foot, thence 5 20°28'32" E 199.82 feel:, thence 521°54'31"E 199.89 foot, .thence S 19°29'00" E 200.87 fear., thence 8 19`46'23" E 190.41 feet, thence S 22037'47" E 200.45 feet, thence 5 22°37'54" E 200.31 feet, thence 5 21"11'51" E 200.65 feet, thence 5 18020'24" L 200.52 feet, thence S 17036'13" E 200.67 feet, thence 5,17°12107" E 199.80 feat, thence 5 17012'52" E 202.07 feet, thence S'17"11'32" E 200.18 feet, thence 5 1504,1'11" E 196.40 feet, thence S 18001'04" E 202.24 feet., thence S 18.00'12" E 390.70 fact, I Ithence S 18°00'09" E 199.51 feat, 100x, 11,x.0 w 4 ns, U.K.00r(4 Jby , R. PC 1326 - Legal beacr.lption-Protactivu Covenant, Sorefoot DoAch 71.20 -AO PA9e 2 thence S 18.00'13" E 200:10 fact, thence S 17°59137" E 197.71 foot, ro thence S 19.30157" E 206.42 foot, thence S 190'34158" E 199.63 feet, g. thence S 18.08140" E 199.09 foot, thence S 12016'21" E 115.84 feet, thence S 16.45'17" E 204.92 foot, thence S 10008'19" F. 200.64 feet, thence S 16.06'39" E 199.66 feet, thence S 17037030" E 197.06 fact, ' then., 5 17.37140" E 200.30 feet, thence S 14.46151" E 201.14 foot, thence _S 19'03'25" F 200.54 fast, thence 8 16.44129" F. 190.29 feet, thence S 16.20'36" E 197.05 fact, thence It 00.27055" E 294.26 feat thence N 17'43'15' W for 3,423.45 feet, thence 408.06 feet along the arc of a curve having a radius of 440.05 feet, eentral'Anglo of 53.07'51" chord bearing N 00.08'29" W, thence N 16436'34" W for 147.36 feet, thence N 11.24144" W for 870.08 feet, thence 173.47 f.et along the arc of a curve having a rodlun of 435.72 feet, central angle of 22048137", chord bearing 11 15'52'16" W; thence N 23' 31122" W for 846.68 goat, thence 339.22 feet along the arc of a curve havi,,y a radiuj r.0 170.00 feet, central angle 114"19'48" and chord bearing of N 37°21'13" W, thence N 18'33*43" 14 for 1,091.74 fact, thence N 13°40149" W for 848.65 feet, thence 111.54 feat along a curve hdving a radius of 170.00 feet, central angle 37035'28" and chord bearing N 22039'49" W, thence 14 41027133" W for 150.80 feat, thence 102.61 feet along a curve having a radius of 230.00 facto central angle of 25°33'46° chord bearing N 28040.40" N, thence 06.96 feat along the'arc of a curve having a radius of A99.95 fact, central angle of 5"32123" and chord bearing 1; 10°39'58° W, thence N 18057'020 W BOOR C20PA ;Ej9,9 u.rr. sss PcA�7o O.R. 867 PC 1327 [eAgnl Description -Protective Covonants varafoot Desch 71.20-88 ' Page 3 for 1,212.87 foot, thence 71.12 font along the arc f.f a curve having A radius of 105.36 feet, central angle of 3B'40'28" Chord bearing N 26446144" 14, thence N 46.06157" W for 58.57 feet, tbnnca 36.24 foot along the arc of a curve having a radius of 427.95 feet, central angle of 4°511090 chord bearing A4 43041'24" R thence H 7.46'5 W for 721.21 fast, thence 334.52 foot along the arc of a cu n•r Asvinp a radius of '127.90 foot, central angle B40041400 chard bonnng u 66.19126" W, thence s 71.38114" W for 105.59 feet, thence a 19-47,11- N 9.47U•W for 10.01 fact, thence 8 71030114" %1 for 72.02 [Oct tq lno I•a1nt of i1aginning. 6006 Q20PA;;2M 91 CG11lft CWryiYr M1Pllgq pILL1AM )AfM1aN, Qk.h W rxm Gal 869 P97f N?fit.... . . ....... [All I HNA I .. .. . .... .. 1:1! ... . ... . ..... ... ... F.1; i i. .... ...... 1. all .... ....... jx 74 '7- j � -�•'IS y •.•.I._'1.;-. j 1 Via.:., LL:i .:.its i..LI: Hill ': i:,'':'i 920PAsL201 I FM d:u w iti 117 zi; ORDINANCE 85- 83 _�_` AN ORDINANCE AMENDING ORDINANCE NUMBER 85-21 AD ORDINANCE AMENDING ORDINANCE NUMBER 71-48, LELY 2 B.A.AEFOOT BEACH PUD BY AMENDING THE TITLE PAGE, INDE.; ti 2AND SECTION I, PROPERTY OWNERSHIP AND DESCRIPTION, TO :U,;r PROVIDE FOR THE REVISIONS; AMENDING SECTION II', 4 (PROJECT DEVELOPMENT, TO REVISE THE DEVELOPMEti°i o;TRACTS, ADD FRACTIONALIZATION AND CONCEPTUAL PLN APPROVAL PROCEDURES AND REVISE FINAL SITE DEVELOPME:D7 Z' n' PLAN APPROVAL PROCEDURES; AMENDING SECTION X, SING1ic o OR MULTI -FAMILY RESIDENTIAL DEVELOPMENT, TO DELETE u TRACTS E, F, AND G INCLUDING RELATED DEVELOPMENT o STANDARDS AND PROVIDE FOR TRACTS H AND I ONLY; REPLACING SECTION XI, TRACT S: UTILITY SITE, WITH SECTION XI, TRACT LELY BEACH NORTH: SINGLE OR HULA -FAMILY RESIDENTIAL DEVELOPMENTS, AND PROVIDING DEVELOPMENT STANDARDS AND REGULATIONS; REPLACING SECTION XII, TRACTS K AND L: COMMUNITY RECREATION AREAS, WITH SECTION XII, TRACT ACTIVE COMMUNITY RECREATION AREA, AND PROVIDING DEVELOPMENT STANDARDS AND REGULATIONS; REPLACING SECTION XIII, TRACTS M, N AND '.Ip MANGROVF. PRESERVES; WITH SECTTON XTTT, TRAr-,! LELY BEACH SOUTH, AND PROVIDING DEVELOPMENT STANDARDS AND REGULATIONS; REPLACING SECTION XIV, EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS, WITH SECTION XIV, PASSIVE COHMINTTY RECREATION AREA, AND PROVIDING DEVELOPMENT STANDARDS AND REGL„ATIONS; REPLACING SECTION XV, UTILITIES CONDITIONS, WITH SECTION XV, TRACT J: UTILITY SITE, WHICH WAS PREVIOUSLY, SECTION XT, AND PROVIDING THE ORIGINAL DEVELOPMENT STANDARDS; REPLACING SECTION XVI, PROJECT IMPROVEMENTS, NIMH SECTION XVI, TRACTS M, N AND 0: MANGROVE PRESERVES, WHICH WAS PREVIOUSLY SECTION XIII, AND PROVIDING THE ORIGINAL DEVELOPMENT STANDARDS AND DEDICATION OF THESE TRACTS TO THE STATE; REPLACING SECTION XVII, ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS, WITH SECTION XVII, EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS, WHICH WAS PREVIOUSLY SECTION XIV A11D PROVIDING THE ORIGINAL STANDARDS AND AN ADDITIONAL EXCEPTION TO THE REQUIRED STREET RICHT-OF-NAY WIDTHS ANT, ALIGNMENT; REPLACING SECTION XVIII, PROTECTIVI COVENANTS, WITH SECTION XVIII, UTILITIES CONDITIONS, WHICH WAS PREVIOUSLY SECTION XV AND PROVIDING TIME ORIGINAL REGULATIONS; ADDING SECTION XIX, PROSECT IMPROVEMENTS, WHICH WAS PREVIOUSLY SECTION XVI AM) PROVIDING THE ORIGINAL REGULATIONS WITH MINOR AMENDMENTS TO PROVIDE FOR OTHER REVISIONS; ADDING SECTION XX, SPECIAL ENVIRONMENTAL PROTECTIO11 REGULATIONS, TO PROVIDE DEVELOPMENT STANDARDS. AM] REGULATIONS WHICH ARE PART OF THE SETTLEMENT; ADDING SECTION XXI, ENVIRONMENTAL ADVISORY COUNCIL STIPU- LATIONS, WHICH WAS PREVIOUSLY SECTION XVII AND PROVIDING ,THE ORIGINAL. STIPULATIONS; ADDING SECTION XXII, PROTECTIVE COVENANTS, 14HICH WAS PREVIOUSLY SECTION XVIII, AND PROVIDING THE ORIGINAL PROTECTIVE COVENANTS; ADDING EXHIBITS A THROUGH E; AND BY PROVIDING AN EFFECTIVE DATE: WHEREAS, on September 9, 1977, the Board of County approved Ordinance Number Plannod Unit Development; WHEREAS, on June 77-48 which astabllahed and 4, 1985, the Board of the Lely Barefoot Beach County approved Ordinance Number 85-21 which amended Ordinance Number aw 922FA,l,3 WHEREAS, thereafter, Robert H. Blades filed a laaeuit in the Circuit Court for Collier County, Florida. Circuit Civil Number 85 -1570 -CA -0I -CTC, -� against Lely Estates, Inc., a Florida Corporation, and Collier County; and WHEREAS, simultaneously, the Conservancy, Inc. a Not -For -Profit Florida Corporation, filed a lawsuit in the Circuit Court for Collier County, Florida, Circuit Civil Number 85 -1571 -CA -0I -CTC, against Lely Estates, Inc., a Florida Corporation, and Collier County; and WHEREAS, the Conservancy, Inc. and Lely Estates, Inc. desire to settle the above referenced cases; and WHEREAS, said settlement entails amendments to Ordinance Number 85-21, an Ordinance amending Ordinance Number 77-48 which established the Lely Barefoot Beach Planned Unit Development; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Ordinance Number 85-210 an Ordinance Amending Ordinance Number 77-48, the Lely Barefoot Beach PUD, is hereby amended as ahoan an the revised Barefoot Beach PUD Document, attached hereto as Exhibit "A" and by reference made a part hereof. SECTION TWO: This Ordinance shall become effective upon notice that it has been received by the Office of the Secretary of State. DATE: December 17, 1985 (�ITEM pU 1HytP.LIAM J. REA CL • ,\off .• •., Li ••� " APP.RO<GD AS TO FORM AND ?,y ��'•,�LF.tCQL SUFFICIENCY: KENNETH B. CUYLEB. CUYLE e ASSISTANTASSIBTANT COUN• 0,7dinance Amend Barefoot Beach BOARD OF CO TY COMMIBSIONERS COLLI -e CO Y, FLPDA '/L OH A. PISTOR, CHAIRMAN 77110 ard}nance Piled with the Secrotaryof 5fAto'a office the 4-4:ndayof- �. /alt' and nckncwladj;s"ne of *,t fill mcelvod this 2r.,d doy of �ac.0 cru •cru �i 6888 92PArIJ' .9 N RM wom solo !, Reviseda-Way-23s-}995 BAREFOOT BEACH A PLANNED UNIT DEVELOPMENT BY LELY ESTATES INC. 5101 East Tamiami Trail' Naples, Florida 33962 . This PUD amends PUD ordinance 77_48 and 85-21 PREPARED BY VFNES-S-ASS96}AFEST-iP15- 7}5_Fe�6M-SEweeE-SeutH MaR4esa-FLeP#da--33940 COASTAL ENGINEERING CONSULTANTS, INC. 3883 Davis Boulevard, P.O. Box 8306 MARCH --1985 NOVEMBER 1985 Naples, Florida 33941 CEC File No. 85.149 DATE ISSUED DATE APPROVED BY CAPC DATE APPROVED BY BCC !2717/85 ORDINANCE NUMBER 85-33 13 Ion 022px`•`-3C1® A. ®ill mum 83 3 - INDEX SECTION T PROPERTY OWNERSHIP 6 DESCRIPTION 1 thru 2 SECTION II PROJECT DEVELOPMENT 3 thru 10 SECTION 111 PLATTED LELY BAREFOOT BEACH UNIT 81 11 thru 14 BLOCKS A through K LOW DENSITY SINGLE FAMILY RESIDENTIAL SECTION IV LELY BAREFOOT BEACH UNIT N1 15 thru 16 TRACT A GATEHOUSE COMPLEX SITE SECTION V PLATTED LELY BAREFOOT BEACH UNIT 11 17 thru 19 TRACT B COMMUNITY RECREATION CENTER Al SITE SECTION VI PLATTED LELY BAREFOOT BEACH UNIT Al 20 TRACT C LANDSCAPED ENTRANCE DRIVE STRIP , SECTION VII PLATTED LELY BAREFOOT BEACH UNIT 91 21 thru 22 BEACH GARDENS A through K SECTION VIII PLATTED LELY BAREFOOT BEACH 23 TRACT BF BEACHFRONT COMMON OPEN SPACE SECTION IX TRACT D, LOW DENSITY SINGLE FAMILY 24 thru 27 RESIDENTIAL DEVELOPMENT SECTION X TRACTS Er -FT -6s H, AND 1 28 thru 34' 68W-T9-N¢B-R¢6B SINGLE OR MULTI -FAMILY RESIDENTIAL DEVELOPMENT SECTION XI TRAGT-Jr-WT¢6¢TY-5¢TETRACT LELY BEACH NORTH: 35 thru 38 SINGLE OR MULTI -FAMILY R IO NT .L DEVELOPMENT SECTION XII TRACTS-K-&-6e-69MMUN¢Tk-REGREAT¢9N-AREAS 40 thru 43 TRACT: ACTIVE COMMUNITY RECREATION AREA SECTION X11I TRA6TS-H,-N-d-O--FTA H6kOVE-PRESERV€S 44 thru 48 TRACT: LELY BEACH SOUTH SECTION XIV 49 thru 50 PASSIVE COMMUNITY RECREATION AREA SECTION XV UT{6{;{ES-68N6{T{BMS TRACT J: UTILITY SITE 51 SECTION XVI PA8dE6I-?MPROVEMENTS TRACTS M, N & 0: 52 MANGROVE PRESERVES SODK 022PA 13,81 upi SEC(ION XVII EN4kRONHENiA6-ABVi59RY-60UN6i6-STdPU6AiIFNS 53 thru 54 EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS SECTION XVIII UTILITIES CONDITIONS 55 thru 61 SECTION XIX PROJECT IMPROVEMENTS 62 thru 67 SECTION XX SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS 68 thru 73 SECTION XXI ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS 74 thru 75 SECTION XXII PROTECTIVE COVENANTS 76 bBDA 49(.L �'?r)gti S3-�' EXHIBITS EXHIBIT "A" Lely Barefoot Beach P.U.D. Master Plan EXHIBIT "B" Site Plan for Community Recreation Center. Number 1 EXHIBIT "C" Lely Beach North Conceptual ?Ian EXHIBIT "D" Lely Beach South Conceptual Plan EXHIBIT "E" Legal pescription 6QB% 022rs+s3 I SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of the Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the Project name: BAREFOOT BEACH. 1.2 LEGAL DESCRIPTION: See attached, Exhihit E. 1,3 ZONING HISTORY AND PROPERTY OWNERSHIP: All of the subject property was zoned PUD cn 5-27-77 by �``--- Ordinance 77-48. Lely Barefoot Beach Subdivision Unit 91, a part of the area zoned PUD by Ordlnance 77-48, was filed an 8-7-78. A portion of the homesites within Lely Barefoot Beach Unit dl have been said and private residences constructed thereon. OeveTopmer.t standards set forth in this PUO document which govern the homesites in Lely Barefoot Beach Linit AI are Unchanged from the development standards previously approved as a part of Pun document 77-48. All of the property within this application other than previously sold lots in Lely Barefoot Beach Unit ril is owned by Lely Estates. Inc., the PUB appTicant, This PUO regulatory document and Exhibits, the-PUB-f4asten-P 3anz amends the PUD regulatory document and Master Plan adopted by PUD Ordinance 77-48 and PUO Ordinance 85-21. MIX -1- rye; - 385 1.4 GENERAL DESCRIPTION OF PROJECT AREA: The project site occurs in the northernmost two miles of gulf beachfront land in Collier County, It is accessible from the north via Bonita Beach Rnad. 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 B, Township 48 5, 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 between the Barefoot Beach property and Wiggins Pass to the south are owned by the State of Florida. The property lies within Area "A" of the Cotner County Water -Sewer District and within Collier County Water kanagemeot District B7. I.5 PHYSICAL DESCRIPTION: The project fronts on the Gulf of Mexico. The physical characteristics include gulf fronting sand beach; low dunes and developable uplands behind the heath; and mangrove wetlands and tidewaters east of the developable uplands. The developable area is limited on the west by Coastal Ccnstructio.n. Control regulations and on the east by wetlands protection regulations. Elevations within the project area range from sea 1;vel to 9.5 feet above sea level, The highest elevation is the Crest of a coastal dune which lies landward of the sand beach. Natural land slopes and natural drsinage is 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- nental activities have occurred and are planned, are Composed of sand and shell and are highly permeable. Water management pians for the project rely primarily on shallow catchment areas and ground infiltration. -2- SECTIOR 11 PROJECT DEVELOPMENT 2.1 PURPOSE F�3G The purpose of this Section is to describe the develop- ment pian; the land uses within the plan; and to set forth maximum density and development criteria. 2,2 GENERAL A. Development of the Barefoot Beach PUO shall occur in accord with the contents of this PUD document, associated exhibits, ane applicable sections of the Collier County Zoning Ordinance. 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. j C. No physical change and no regulatory change is 1 planned for, the single family homesites within platted Lely Barefoot Beach Unit 41, nor to the mangrove preserve areas committed by the original VUD to be preserved in their natural candl4ions, in perpetuity- Uses permitted, development Stan- "i dards, and related regulations applicable: to Lely Barefont Beach Unit .M1 single family homesi tea and sp to the three mangrove preserve area=_ are unchanged' from the originally approved Master Plan and PUO �K. document. `6 Ra➢d 49GG °:rr3f)49 —D- a amse��2 n�ti 37 2.3 PROJECT PLAN AND LAND USE'TRACTS A. The project plan, including street locations, tract boundaries, land use and number of dwelling units permitted in the various tracts are graph- ically illustrated by Exk#EiE-'-'A"-r-Eke-Bape€aaE Beaek-P49-Master-124ae the Barefoot Beach Master Plan and other attached Exhibits. 1. Platted Lely Barefoot Beach Unit RL Blocks A through Kc Law density single family residential. 42.50 acres 2. Platted Lely Barefoot Beach Unit Li, Tract A: Gatehouse complex site .91 acres 3. Platted Lely Barefoot Brach Unit 9i, Tract B; community recreation Cei.ter 81 site 3.31 acres 4. Platted Lely Barefoot Beach Unit A1, Tract : Landscaped entrance drive strip 1.36 acres S. Platted Lely Beachfront Beach Unit C, Road right-of-way 5.37 acres 6. Road right-of-way south of Platted Lely Barefoot Beach Unit €1 10.63 aces 7. Tract D: Low density single family residential 2.53 arses U. Tdaet4 Lely Beach North: Single or Multi -fami y restoentta 10.44 33 acres 4."raet-F Lely Beach South: Single or Marl ti-fami y res e_"_t_1aT $g,Og 29 acres 10. TraEp4 Active CDmmunity Recreation Area: Conunu ni ty Rec refl tiDn 'S tie 34>95 10 acres I1. Tract H: Single or Multi -family reside rttial 66.06 acres 12. Tract 1; Single or Multi -family residential 11,9-7 acres 13. Tract J: Utilitarian site 2.25 acres 14. Tcae'e-H Tract: Passive Community recreation site 2.78 7.0 acres 15.-----Tra eE-k^-Gsaasu Wily-raereaE#en-s#le--------.._-.--22.2,86-aewes -4- noon?'PrA389 S. The meander{rlg north/south project access road shown on the master plan is constructed as Lely Beach Blvd, from its intersection with Bonita Beach Road to the south line of the plat of Lely Barefoot Beach Unit RF. 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 an width may vary as a result of (1) wetland jurisdiction (2) detailed site planning to preserve native habitat or 3i to accommodate percent coverage requirements Final road alignment and right-of-way width shall be a craved during final review and approval of detailed site development plans per Section 2.7 below. C. In addition to platted Lely Barefoot Beach Unit dk an4 Tracts 0 through 0 which are shown on Exhibit "A", easements (utility, private, semi-public, etc.) have beer or will be established within or along the various tracts as may be nece.sary of deemed desirable to serve the project. 2.4 hiAn(MW-I PROJECT DENSITY No more than a maximum of 690 residential dwelling units, single one, multi -family, shall be Constructed in the total project area. The grass project area is 461,65 acres, of which 12B. 11 acres is open water and 333.54 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. _6_ a M $3-13 2.5 FRACTIONAL17ATION OF TRACTS A. when the developer sells an entire -Tract or a buildin_%_2_arcel (fraction of a Tract) to subse- guent owner, or proposes development of such gat property himsel€, the developer shall provide to the Director for approval, prior to the sale or development of such property, a boundary drawl ngnq showing the tract and the buildingparcel therein (when applicable) and in the case of a residential a area, the number of dwelling units of each res- idential type assigned to the The drawing shall also show the location and size of access to thase fra.ctional parts that do not abut a public street. 6. in the event any residential tract of buildin parcel is sold by any subsequent owner, as idem tified in Section 2. 5.a, in !Taction a 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_ kart a boundary drawing showing his originally purchased tract, of building parcel and the frac- tional pa ds therein and the number of dwelIin units assigned co each of the fractional parts. The drawl no shall also show the location and size of access to those fractional parts that do not abut a public street. C. The developer or any tract or building oarcel mast submit prior to or in conjunction with the impli- cation for a husldin9 permit, a detailed site development plan for his tract er parcel in accordance with Section 2.7 gY -7- iii 022t�i:,3gw Bou 022p),43% D. In evaluating the fractionalization pians the Director's decision for approval or denial shall be based on compliance with the Conceptual Plan as approved according to Section z.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 or denial of the fractionalization Plans is not issued within tens 10) working days, the submission shall he 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 nut required if a Final Site [levelop- ment Plan is approved according to Section 2.3 for an entire Tract as identified on the PUD Master Plan, G. Fpr Lely Beach South Tract, designated developmeni corridors may not be fractionalized. 2.6 CoycEP'rU.4L PLAN APPROVAL When Conceptual Plan approval is desired or required by this documents, thefollowinq�r o e••a �u ne 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 F MM %-; V -- demonstrate that the apprnYal of the Conceptual Plan will in harmony with the qeneral intent and Qurpose of this document. Such material may include, but Is .ot limited to the follow i� where applicable:: I. Site plans it an appropriate scale showfn proposed placemznt of structures on the propertyp p^ovisian5 for ingress 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 hu ffering. 4. Plans for proposed Signs and lighting. 5- Delineated preserve areas and sensitive vegetation areas including idantififed endangered species and their habitat. C. Tree removal pian and landscapin lan. 2. A Pee cansistent with the current fee schedule for CountySite Dave]npment Plan approval stall accompany the anplfeatfUn. 2.557 PRgd€6F-pbAN-APARgVP,E-AE9N?@6MEN3'S FINAL SITE DEVELOPMENT PLAN APPROVAL Exhibit "A" constitutes both the PUD Master Plan or development and the Barefoat Beach Subdivision Feaster Plan. A»iev-ce-deaaiapmenE-a€-geasts..p-eheeueh-8-mer Sek ave -shown -en -the-Kastew»Flanx-detai:ed-s4i:e-derelapment pla Ps-shak3-6e-sagmi6Eed-'Le-an6-appvaved-4y-Ehe>apAP®- pviaee-6o3b+en-5eaatY-gavennmeat-agene4esx-m4+#a ke-sAa3F rasere-i:ha3-the-detasled-piSe-deveiepmene-pians-eon So vrfl .g_ Aaad 022PKi J92 90UX Wral:M3 83-�'� te-the -Na a ter -Plan}-Eke-terms-e9-th#s-PJB-dqa dole RAI -and tha-53tB-dBYElBpmeRt-pldR-aapFBYa l•-pFBEeS B-HhiB{1-}5-5ei fBPf.h-lA-tka-iaRin§-OFdiPaREE-d t-the-$iRle-aPpPBval^i5 ssught. Final Site Development Plan approval shall be Obtained by each developer prior to the issuance of any cons true ti On 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 SouEh, 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 documentation shall be submitted with the final site plan for review and approval by the, appropriate CtldOt De artment (far example, location Of preserve areas and sensitive vegetation areas including endangeredSpecies tree removal plan landscaping an, etc. Prior to the recording of additional subdivisinn plats within the Barefoot Beach Project, final pians for the required subdivision improvements shall receive the a nproval of all appropriate Collier County governmental agencies to insure compliance with the approved PUO Master Plan, the County Subdivision Regulations, and the platting lasts of the State of Florida, The POD Master Plan indicates that the meandering north/ south access road extends from Bon F to Beach Road to the south boundary of the project. Vehlcular access to the state owned lands south of the Barefoot Beach project is to occur via this north/south access road. No modification may be made to this road a; planned which would interfere with access to the state owned land to the south. _10- a" ;;zi emu SECTION III PLATTED LELY BAREFOOT BEACH UNIT Al BLOCKS A through K LOW DENSITY SINGLE FAMILY RESIDENTIAL oglj 3.1 PURPOSE The purpose of this Section is to set forth development regulations applicable to Platted Lely Barefoot Beach Unit 41, Blocks A through K, 3.2 MAXIMUM DWELLING UNITS A maximum of 91 single family homesites may be con- structed within platted Lely Barefoot Beach Unit f1, Blocks A through K. 3-3 USES PERMITTED No building or structure, or part thereof, shalt be erected, altered, or used, or land used, in whole or part, for other than the following: A. Principal Uses:, Single Family Residences: Individual hcmesites may consist of single platted lots, multiple lots and/or fractions of adjoining lots. D. Accessory Uses: {I} Customary accessory uses and structures, including private garages. (2) Signs as permitted in section 8.31 of Ordi- nance 82.-2. �)"1+94 eooz �e-':I�➢ '�3--t t (3) Model homes shall be permitted in conjunction with development and sate of the project. Such model homes shall be converted to private residences within two years of construction completion, unless other wise specifically approved by the County, 3.4 REGULATION 3,4.1. GENERAL: All yards, setbacks, etc, shall be in relation to homesite boundaries, whether such homesite consists of a single platted lot, adjoining lots, and/or fractions of adjoining lots. 3.4.2 MINIMUM HOMESITE AREA: When a single platted lot is utilized as a homesite, the minimum lot area 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 comprise; a portion of the homesite. 3.4.1 MINIMUM LRT WILTH: 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 and/or 'fractions of adjoining lots, the minimum lot width shall equal or cxce_=d the width of the largest platted lot which is a portion of the homosite. -12- :.Yr o—(d 3.4.4 MIN MUM YARDS: A. Yards which abut Lely Beach Boulevard: 25 feet. Required yards abutting Lely Beach Boulevard are also easements within which utilities, walkways, etc. may he installed. B. Yards which abut an access drive right -Df -way which extends westerly from Lely Beach Boulevard: ID feet. C. Yards which abut an adjoining homesi te: 7¢ feet 0. Yards which abut a Reach Garden: none F: Gulf front yards: Na 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 by the Florida Department of Natural Resources (Governor and State Cabinet) on 12-17-74. 3.4.5 MINItdl1M 61DOR AREA OF PRINCIPAL $TRUCTDRES: A, One story- 1,260 square fort of living area exclusive of garages or unenclosed patios, decks or porr.hes. . B. Two story- 2,6o0 square feet of living area exclusive of garages or unenclosed patios. decks or parches. 8 's�`.3JflD -19' S3—[el zpf"'N7 3.4.6 OFFSTREET PARKING REQUIREMENTS: we Two parking spaces per single family residence. 3.4.3 MAXIMUM HEIGHT: Two stories above the minimum base flood 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 story. 3.4.8 STRUCTURAL REQUIREMENTS FOR RESIDENCES,. Special structural requirements designed to protect beachfront residences from storm tide and wave damage are incorporated in the State oi' Florida approved protective covenants for the Lely Barefoot Beach project as contained In Coastal - Setback Line Variance 074-75-V40, These con- struction standards shall be applicable to all residences developed in Block A through K of Platted Lely Barefoot Beach Unit 01. -14- SECTION SV PLATTED LELY BAREFOOT BEACH UNIT d1 TRACT A: GATEHOUSE COMPLEX SITE 4.1 PURPOSE The purpose of this Section is to establish development regulations for platted Lely Barefoot Beach Unit q1, Tract A. 4.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, nr 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 0^ vehicles will be provided. Public access through or around the entry gate, along the principal access road, and to publicly owned and operated facilities shall he permitted 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. Additiana'lly, the gatehouse complex may incorporate administrative, maintenance, and utilitarian activities and storage facilities 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 -15- �10J' ;� 1 t�, R -36- M located in the gatehouse complex. Prior to construction of the gatehouse complex or subse- quent modifications thereto, final pians shall be '•` approved by the Community Development Administrator. rx Accessory Uses: (I) Customary uses and structures y to (2) Signs as permitted by Section 8.31 of Ordi- nance $2.2. iMUM SETBACKS Lely Beach Boulevard: no•ie. Portions of the 4, security gatehouse facility may extend into and P` over Lely Beach Boulevard right-of-way. a' Anguilla Lanes 25 feet. .-- North property line: 25 feet. a t STREET PARKING spaces, plus two spaces for each employee dwelling t. i.' IMUM HEIGHT stories above the minimum Kase flood elevation t.. fired by the Flood Elevation Ordinance.- (, -36- M SECTION V PLATTER LELY BAREFOOT BEACH UNIT #I, TRACT B: COMMUNITY RECREATION CENTER 01 SITE - 5.1 PURPOSE The purpose of this Section is to establish develop- mental regulations for platted Lely Barefoot Beach Unit dl. Tract B: Community Recreation Center $1 Site. 5.2 USES PERMIT10 No but l ding or structure, or part there F, 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 B.31 of Ordi- nance 82.2. 5.3 MINIMUM SETBACKS A. Lely Reach ROUlevard; 50 feet B. Waterfront yard: none -17- 9@RR g- t 4 C. East and south property line: 25 feet 5.4 OFFSTREET PARKING REOUIREMENT5 As required by Cullier County Zoning Regulations in effect at the time that permits are sought. 5.5. 14AXIMIJM HEIGHT Two stories above the minimum base flood elevation required by the Flood Elevation Ordinance. 5.5 DEVELOPER REQUIRED IMPROVEMENTS WITHIN TRACT "B" The developer shall make improvements to Tract "Bn: Community Recreation Center #I site, in accord with Exhibit "S", which is hereby made a part of this PUO document. Community Recreation Center BS 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 ccnter complex, the development plan 51 1 11 be reviewed and approved by the Community Development Administrator, who shall also ensure adequacy of affstreet parking spaces. The Barefoot Beach develop- ment spunsor shall complete all improvements indicated by Exhibit ^B" prior to issuance of the 50th residen- tial building permit, In the event that the development sponsor has not completed development of the improve- ments indicated on Exhibit "8" after issuance of 44 residential building permits, no further building permits shall be iss,jed until the Exhibits "a" improve- ments have either beon completed, or surety acceptable to the County in the amount of 120% of the east to -29- w'd complete the Exhibit "a" improvements has been posted with the Couuty to guarantee completion. i 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 "B" shall be the responsibility of the property owner's association which owns and has the beneficial use of the center. ' 0 bgaA AJ. 2" -19- sw 022tau 03 SECTION VI PLATTED LELY HARErDOT BEACH UNIT AI TRACT C: LANOSCAPED ENTRANCE DRIVE STRIP 6.1 PURPOSE The purpose of this Section is to establish development regulations for Platted Lely Barefoot Beach Unit 91, Tract C: Landscaped Entrance Drive .Strip. 6.2 USES PERMITTED Nn building or structure, or part thereof, Shall be erected, altered or used, or land used, in whole or part, for other than the fallowing: A. Principal Uses: MM't ice' (I) ornamental project entry features: (2) portions of, or facilities related to the gatehouse complex; (3) docks, which may extend from Tract C into the adjoining water, subject to the availability Of dock construction permits. a. Accessory Uses: - (1) Customary uses and structures. (2) Signs as permitted in Section 3.31 of Ordi- nance 82.-2. -20- FT i - ar,0iAl11,FY�Y SECTION vii PLATTED LELY BAREFOOT BEACH UNIT fl BEACH GARDENS A through K 7,1 PURPOSE The purpose of this Section Is to establish development regulations for Platted Lely Barefoot Death ,Unit k1, Reach 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, swimming pools, abaded sitting 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 beachfront commons sites, but all structures to be erected within the beachfront commons shall be located se as to pose the least possible view obstruction or privacy invasion Mx 02 PA"E4Q4 EM SECTION VIII PLATTED LELY BAREFOOT BEACH TRACT BF: BEACHFROfT COMMON OPEN SPACE 8.1 PURPOSE The purpose of this Section is to establish development regulations for Platted Lely Barefoot Beach Unit PI, Tracc BP. B.2 USES PERI] TTTD 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: No structures are permitted. This beachfront strip of land shall be devoted to customary beachfront recreational usage. -23- i r M�ggrr cc�� Don d -171 06 66&X lF,frui 407 bs Vie; SECTION IX TRACT D: LOW DENSITY SINGLE FAMILY RESIDENTIAL DEVELOPMENT 9.I PURPOSE The purpose of this Section is to establish development regulations for the area indicated on Exhibit "A" as Tract D: Low Density Single Family Residential, 9.2 MAXIMUM DWELLING UNITS A maximum of four single family dwelling units may be constructed in this tract. 9.3 USES PERMITTED No building or structure, or part thereof, shall he erected, altered. or used, or land used, in »hole or part, for other than the following: A. , Principal Uses: Single family residences. S. Acr,essory Uses: (1) Customary accessary uses and Structures including private garages. (2) Signs as permitted in Section 8.31 of Ordi- nance 82-2. (3) Model homes shall be permitted in conjunction with development and sale of the project. Model homes shall be converted to private -24- residences within two years of construction completion, unless otherwise specifically approved by the County. 9.4 REGULATIONS 9.4.1 GENERAL: All yards, setbacks, etc. shall be in relation to hotnesite boundaries. 9.4.Z MINIMUM LOT AREA: 6,000 square feet 9.4.3 MINIMUM LOT WIDTH: 60 feet 9.4.4 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-of-way which extends westerly from Lely beach Boulevard: 10 feet C. Yards which abut an ad,ioining homesitea 71 feet D. Yards which .abut beachfront common open spaces: 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 by the Florida Department of Natural -25- bam 022P.t�t -31 Resources jGovernor and State Cabinet) on 12/17/74. 9.4.5 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES A. One story- 1,200 square feet of living area, exclusive of garages or unenclosed patios, decks or parches, B. Two story- 2,000 square feet of living area exclusive of garages or unenclosed patios, decks or porches. 51.4.6 OFFSTREET PARXTNG REOUTRERENTS Two parking spaces per single family residence. 9.4.7 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-- buildina area to be used for automobile parking and other utilitarian purposed, that underbuilding area shall not be deemed to be a story. 9.4.8 STRUCTURAL REQUIREMENTS FOR RESIDENCES Special structural requirements designed to protect beachfront residence 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 Variance #74_75-Y 40. These construction standards shall be applicable to all residences developed in Tract D. -27- Dom U22", 0-33 0% €WP.vr411 1 1. l "j.,, It -, SECTION X TRACTS Fr–pr–gr H. AND I SINGLE OR MULTI -FAMILY RESIDENTIAL DEYELOPMENT 10.1 PURPOSE The purpose of this Section is to establish development regulations for the areas designated on Exhibit "A" as Tracts E; -Fr-&; H, and I: Low to Mid -rise Single or Multiple Famfly Residentfal. 10.2 SITE PLAN APPROVAL REQUIREMENTS See Section 2.5, —6, 2.7 A,---{A-Oke-eveA£-ae-enc:we-£raeE-is-£a-ba-deYe?apeA-as a-uR}f 4ed-pre3e E£r-a-6a@av&ed-aAd-d #rReAs#eAa9-s#5e pian-indiea`siR§-bN}}dyRg-£y �Ee-aAd-}9ed cM1aRy roMAi(3EP-B€-eWe+}=Rg-VA}£$T-Fa85W 8y$r-�P=Ya$-and park:rog-awear-rearea£}sA-£as#F4z#esy-anl-e BheF ae eessePy-a sas-and-s£Fue_a res-shaFl-'se-pFepaFad aAE-ss§ra ic£ed-€ec-appFaYa}-§y-£ha-ap=rapF#a£e baalien-Gaea£y-ageRe; esr-p raeF-to- the-#ssaa aee-a€ ba#;d:R3-per-m;esr--Tiles#£e-p}xn-xpp a6 vd3-pica=as ska}}-ke-E}:a£-wh>$H-45-ss£=€ae0h-in-tka-SBA=RtJ 9P3;RaRea-a':-£He-.t§m¢-si tm_pbaw-appeeva}-is ..-m--g+••--in-£he-even£-£Hak-a-krae:-:s=£a-be-des'e}aped-iA £PaeaiaRa}-paF�sr-eaak-pareeb -deYe}aper-ska}} - su6ali£-a-de£a#Fad-aAd-d arneAs:anes-s>3e-p}aA-£e ' appragr4a£e-Gall#er-6euRty-caeca#esr-'rAA#eat#rog be{}g#ag-T:ypas-aAd-}¢eat#eR±-R axc4er-a€-Asre lliAg . HRi tsr-r¢adxayss-dr#Yas-aAa-park;•ng-areasr-Faawe- a£#ea•-€as§F#C#esy-and-a£HeF-a$aas=cry-ases-aRa _ c a sErdSEeres,--Pn3aw-Ee-aPPpav#w§-the-&eve&apmenf Pian-`sw-ape-Pape e;'-the-6ovnty-sha4}-ansure-that [ the-Plaw-EemP}.yes-n#E9-Eke-BaaeEea=-9eask-RUE1 H as top-P}xw-and-we§d?aE€sgs4-axd-eEher-aygb4eahle F� Gee Rty-a rd#wan see :--aha-s#te-P#an-appray a T- pro ee 55 5kdil-§e-tka t-#fil Ek-#5-seE^rBnEh^#R-the-�8R4n3 ®Pd>RanEe-at-ike-E$me-5#tp-p}aq»aPppaya}-4s satl§kt. 10.3 USES PERMITTED No building or structure, or part thereof, shalt be erected, altered, or lased, or land used, in whole or [e: .part for other than the follo .Ing: !� A. Principal Uses: (1) Detached single family residences_ P (2) Attached single family res'l den ces such as R R villas, zero lotline homes, cluster homes, tovqnhou sas, eta. (3) Two family residences t (4) Multiple family residences i (5) Common recreational areas 3. Accessory Uses: (1) Customary uses and structures t 1 r (2) Signs as permitted as per zoning ordinance in effect at the time permits are required or requesta4 , Lox ^-«`- (3) Model dwelling units shall be permitted in conjunction with the promotion of the prDi- act. 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. W (4) Docks, either individual or common 10.4 71AXIMUM PERMITTED DWELLING UNITS - a' Tract-Ee------------89-uniEs Feast -f: -------•---?98-y Rots Tvaet-G:----------- .69-mRii:s Tract H: 77 units Tract 1: 30 units The maximum number of dwelling units permitted on ; individual tracts E;-Fr-=s-ue-and-�-may-§a-#roereased-ew ... deaeeased-§y-}8�x-pwevSdeA-4hat-She-gFess•prejEaa dWEllifi�-NR2c-maxi:Rnm-ei-e99-d Y.Q�i?R§-ar:; i5 -i5 -Rao .. eueeeded H and I may be increased, provided that the gross project dwelling unit maximum of 690 units is not - esceeded. 1.0.5 REGULATIONS 10.5.2 GENERAL: All yards, setbacks, etc. shall be in relation to the individUal tract or parcel boundaries. 10.5.2 MINIMUM LOT AREA: 8,600 square feet for detached single family dwellings -30- RNA;..� moll 71-1-121 4,000 square feet per dwelling unit to two family structures r 3,000 square feet per dwelling unit for three or more dwelling unit structures F, 1D. 5.3 MINIMUM IDT WIDTH: 60 feet for single family dwellings; t 100 feet for two or more family dwellings; r ].0.5.4 M1NlMUM LDT YARDS: i. A. Yards which abut Lely Beach Boulevard: 26 feet. Required :ards abutting Lely Beach Boulevard are also easements within which utilities, walkways, etc. may be installed. t B. Yards which abut a public or private .s Greet right-of-way other than Lely Reach Boulevard; 10 feet or 1/2 the building height, whichever is greater. - 0. Yards which abut or; adjoining homeaite: 7d feet or 1/2 the building height, whichever is greater. D. Yards between adjoining buildings o=t the same site: 15 feet or .1/2 the sum of the building - heights, whichever is greater, except that in the case of clustered develonmanc 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 open space: none. -31- Am 022mr.tM ' F�---6e$€-#rent-yards r-wa-s£weetere-niay-entenA qud €maid-a#-the-Sine-ap9weVed-4y-the�t wxstees e#-Ehe-Fnkeraa�-Fmprevemer4-Fan6-as-a-vapa- anse-6e-Ske-State-6eas6a?-SeEbask-6ineg approved-§y-She-Fber#da-Be9apamse 5 -s# -Na Eurax Reaaurae6-4gavernar-and-6=at:e-6a§€neE�-en 9F. Waterfront yards other than gulf front: 30 feet or I/2 the building height, whichever is greater. NG. Rear yards other than waterfront: 25 feet or 1/2 the building height, whichever is greater, 10.5,5 MINIMUM OWELLING UNIT FLOOR AREA: Each residential unit shall have a minimum floor area of 1,200 square feet. - ?G.S.fi MAXIMUM BUILDING REIGMT: A. Tract 6r -6s -and M: four habitable floors, with the option of having one floor of parking and associated non -habitable utilitarian space beneath the first habitable i floor, p,___Trua€-Fe-sin-ba§44ah3e-€loenar-wrtN-=hg aptLsn-a T-having-ame-#+eaw-a€-gawkifl g -sad a a s a a aso_Ann-6 a b 4 a -u t R.-er a EE Sanaa sh- the - f 5r a 6-11a§#table-€ka a w. G6. Tract 1: two habitable floors, with the option of having one floor of parking and -3 2- associated non -habitable utilitarian space beneath the first habitable floor.. _ 10,5.7 OFFSTREET PARKING REQUIREMENTSi As required by collier County regulations in affect at the time permits are sought. 10.5.8 STRUCTURAL RE UIREMENTS FOR BEACH FRO.4Y 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 as captained in Coastal Setback Line Variance 874-75-V 40, Tgese-eaR- stmuat5en-sEandav6s-aha3i»ba-aPp lieakle-Ee-aka ku}}d#R§s-de veRePed-#n-Fra els-5s-p>-and-6s sB<5o9----W.A#xf?Bpi-BBibBi916-68VERA66-gN-?RA6?-n-Ea_R_&_6+ ?ke-ywad aA-severaga-by-Perm=,t2ed-nes#dawEdsb s true" reb-#R-'+acct-E'-R,-&-R-sRa id -tet«e�fEecd-tHe yaw#mwM-res#deana&-sExaEEerE-grmen d-:evertge�bn the. -same -be a aH€r a a#-devn}app+eR <-szp§P-whi# h_wa5 pevmdtEeE-eR9ar-Eke^Pd®-dsEument-Hk#ak-8n#s-PHO road i£iesr--?He-paovieNsiY-perm,4EEe4-a;ar.a men{-gFcund say eraye-by-recdd6x $a?-k�i455 sgeare-€EESr }9.sr?8-^-BEA6HFRBM$-GEAR?BBR�-F!;$HINrS'k{6H^BNE6E•I p{6 -Bk€: 6GNS TRVG N{ 9-&5-PR6H4 Bi?6B- Vpee-3otet-dotemmdRatSaR-Try-:He-GeaRty-ERB#AeerdRB 8epahSmEnt-and-tHe-Vara €e af:-BeaEA-p we$eeh-engdPeew e.-Ehe-4eaak€reRE-3eeaSl'uRs-wH#Ek-aa`e-mast -33- b6 BK 022rkAM 9 PZL� d�p -.. 5aseep 6#§le-t@-e.Fos -er-h ave ste rm-dams g e,-dwell€nq-NA#S-e a nsSrnaS#a A -shall -be g reh#6#<ed-aE-Egese-8e#nEs:--the>dwell#ng-en#5 sansaneea#en-@rBq{§#£#an-areas-sgal}-6e-}#m#Eed-Ss Sate-#58-€eeE-x{de-Barr#dars,-exSeAd#Ag-#rem-Sq•a Gulf -s€-Hex#as-#e-Slae-narSh¢sB-Eh-access-raad riggS»et_;tayr--B##sSneeS-�arkiAgs-Eefin#s-eekrLss sad-small»scala-rBsrea E#en-€ae;llS#es-may-ka Slased-#R-Eqe-carr#dors-wgdeh-are-araq#§4Sed-€rsm drtelliRQ-kA#s-fEAaSrtlaS{Bqr T4s Ing 0-10 SECTION XI TRACT LELY BEACH NORTH: SINGLE OR MULTI -FAMILY RESIoENTIAL DEVELOPMENT 11.1 PURPOSE The purpose Of this section is to establish development regulations for the areas designated on Exhibit A and Exhibit C, Tract Lely Beach North: low and mid -rise Sin9Te and multi -family residential. 11.2 SITE PLAN APPROVAL REQUIREMENTS Site plan approval shall be in accordance with Sections 2.5, 2.6, 2.7 and require field inspectinn X_County Environmental staff to assure compliance with Section 20. The Lely Beach North Site Plan Exhibit C prepared by Coastal Engineering Gon5ul- tants shall be considered the concey twat site plan for this Tract. The site. plan depicts building locations and alignments, unit distributions and number of floors to accommodate open cDrridors and wide separation of unit clusters. 11.3 USES PERMITTED )- 10.8 USES PERMITTED Na building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or art for other than the follovwin : tool( 022-2".r4iC7 -35- GL rir,4.l.i'R. A. Principal Uses: (lj 9etaehed single Family residences. (2) Attached single family residences such as villas, zero lotline homes, cluster homes, townhouses, etc. (3) Twa family residences (4) Multiple family residences (5) Common recreational areas B. Accessary Uses: (1) Customary uses and structures (2) Signs as permitted as per zoning 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 pro5- act. Such model dwelling units shalt be converted to privately owned dwellino units at the end of a two wear period unless otherwise specifically approved by the County. -36- aur�a�r.°a '.j<'_ " 7 ov 11.4 MAXIMUM PERMITTED DUELLING UNITS TRACT: LELY BEACH NORTH 391 UNITS Of the total number of units at build -out, 20% shall be located east of Lely Beath Boulevard. If desired, units MaX he transferred to Tracts H or 1. 11.5 REGULATIONS 11.5.1 GENERAL: _ All yard s, setbacks, etc, shall be in relation to the individual tract or parcel boundaries. 11.5.2 MINIMUM LOT YARDS: A. Yards which abut Lel Beach Boulevard; 25 feet. Required yards abutting Lely Beach_ Boulevard are also easements within which u"il ities walkways etc_ may be installed. B. Yards which abut an adjoininq homesita: 73 'eat or 112 the building height, whichever is greater. C. Yards between adjoining buildings on the same site: 15 feet or 1/2 the sum of the building heights _whichever is greater, exeept that in the case of clustered development dhereln the site plan has been upprCLvedby4.he appropr4- ate Collier County agency, separation between buildings maybe less. D. Yards which abut heachfront common open space: none. _3T.. WK 022 Pht.r EMD T'j`43 EDBK €�2G'. P15i ^gF.� 11.5.4 MINIMUM DWELLING UNIT FLOOR AREA Each residential unit shall have a minimum floor area of 1200 square feet. 11.5.5 MAXIMUM BUILOTNG HEIGHT Tract Lely Beach -Horth; Six habitable floors with the option of having one or two floors of parking and associated nan-habitable utilitarian space beneath the first habitable floor. 11.5.6 OFF-STREET PARX)NG REQUIREMENTS One and one-half paved parking spaces per unit and one-half space unpaved or left in native vege- tatian set aside in reserve. 11.5.7 MAXIMUM DEVELOPMENT COVERAGE The maximum development coverage (i.e. buildings parking lots, roadways and driveways) as measured 6y impervious surface area shall not zxceed 40% of the available upland area. The available upland area is measured from the State CCCL and the .rest to the wetland jurisdiction line to the east, excluding the reguired 60' right-of-w.ay for Lely Beach Boulevard. 11.518 TYPES OF UNITS The type of residential unit (multi -family mid -rise to six habitable floor$,_ attached nr detached villas, townhouses, etc,) shall be left to the developer provided that maximum cnveraoe 1, not exceeded, and that the envirpnmen_,_,_•_. tat moo_ tection standards are met. -3it- SECTION XII TRA6TE-K-&-6+-6gMNYRiTY-RESREAT$9N-AREA; TRACT: ACTIVE COMMUNITY RECREATION AREA 12.1 PURPOSE The purpose of this Section is to establish development regulations for the area designated on Exhibit "A" as Twaes-K-&-6+--6aaneR#gy-ReePeat #en-Aveas- Tract: Active Community Recreation Area. 12.2 USES PERMITTED No building or structure, or part thereof. shall be erected„ altered, or used, or land used, in whole or part, for other than the following: A. Principal Uses: 5esrxsRi=#uy-veePea�#ere-f=sagez-;Ra$xdawg-13vi�d#Fgs wF�4eh-r�#$$-aeeammedate-eammdRkty-see#a$-and veereataena3-vat#v#t#ea;-err#deur-reevea<#oA a:aei-$it=es;-aa;�k4ng-aad-uLi?ataw#an-saeik#S#es e�sstom av#$y-a ssee"ate d-K._h-rSMFRaR#Ey-Peeveatian a Pea ea - - pP#eP-ta-davelepmeF 9 f-reePaatieF-awea5-r£ aR4¢aP-6s-Aeve$$pmeR.tad-t9 and-appvor�ed-by-tpe-appy®pP#aYe-6s$3#ew-6emRty agaReies�--wb#e)a-sErea$$-#Rs�ave-that-toe-prapasad ries-6Rd- Eve#P-phys4Ea$-aPPangemeRQ-as-app Pepv#- atef-and-teat-app$#aaa$e-5a�€Rty-Pege$aR4ews4aPe ¢or�p3#ed-w#�M:--�{te-set,-p$aR-appveva$-pPeaess sha��-6e-tbae-xh#e4-#s-set-Tevtq-kF-the-?ew$Rg 9PdiRanee-ao-the-�#rne-s#te-p$aA-appPasta$-#s saaght: -40- WE M 6ommtjnjjy recreation usage including buildings which will accommodate community, social, and recreational activities; outdoor recreation facilities; parking and utilitarian facilities customarily associated with community recreation arear, Prier to development. of recreation areas, _development plans shall be submitted to and approved by the appropriated Collier County agenries which shall insure that the proposed uses and their physical arran2emert is appropri- ateand that applfcable County regulations are complied with. The site plan approval pro.ces shall be that which is 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.� 8. Additional Permitted Uses - Tract: Active Cgmmuni tY 2ecroation Area may to used for the active recreational facilities Se.g. tennis courts swimming pools, etc.) for residents living at Lely Beach North and Lely Beach Snuth. Na residential structures may be built in this tract. Provided maximum imper- vious surface and other land use requirements are met this tract may also ba used tp meet the of% treet parking requirements for adjacent residential units located in Lely BEach Werth dr Lely Beach South tracts. C. Dacksr boardwalks, observation piers or Similar over water structures - No approval is given at this tfine for any haat ramps, boat docks hoists shoreline modifications or any other water oriented facilities. All WK 022wE 424 �7 >tau 022p-��E425 such matters shall tre handled senarateiy 6y all governmental agencies with jurisdiction over waterfront development. at some future date. I2.3 SPECIAL CHARACTERISTICS OF REVISED TRACTS Tract: Active ConmunftXRecreation Area is located at the site of former Little Hickory Pass. The existence of the former Pass, the we Ii-deve7 ooad back_harrier channels, ca nverainq�t this point, and the site's low elevation result in a_hilh potential for island breachment during a iajor CUESta[ 5t0 rm. 12.4 MAXIMUM BUILDING NIGHT Two habitable floors, SZ.5 MAXIMUM DEVELOPMENT COVERAGE The maximum development cove,raqe (e.g. buildings, parking lots, roadways driveways etc ) as measured by imPervtous surface area, shall not exceed forty percent of the available upland area. The available upland arta fs, measured from the State CCCL in the west to the wetland JurisdlctlDn line in the east, excluding the required 60 foot ri ht -of -way for Lel Beach Iloulevard. 12.h6 MINIMU4 YARDS A. Yards which abut Lely Daaeh Boulevard: 25 feet, which minimum yard is also an easement in which utilities, walkways, etc, may be installed. -az- L4%t B. Gulf front yards: no structure may attend guli°trard of the li»e-apkraved-ky-Eke-?F4lsEaes-e€-Eke }nEaNnal-gmgrevemepE-Fend-as-a-var#ante-Ee-Eke 6EaEe-6sasEal-SeEkaek-Einer-apppeved-bq�Eke F{arida-DeAarErseaE-a€-MaEe Pal-Pasearses-E6sveraer anAmSEa Ee-6a k4neE�-an-?2-4F-74= State Coastal Construction Control Line. 12.57 OFFSTREET PARKING REQUIREMENTS As required by the Collier County Inning Ordinance at the time permits are applied for. [2.69 POLLING PLACES TO BE PROV DED Upon request by the Collier County Supervisor of Elections, community recreation facilities shall be made available as polling. places. 12.9 5PECiAL ENVIRONMENTAL PROTECTION REGULATIONS �. All activities in this tract shall be in_accor- dance with construction, native habitat pro- tection, dune preservation, and wetland preserva- tion renulaticns listed in Section XX. Ban% 022P' -.E426 -43- wax 622 rY ._ 427 'SECTION' rII TRACT: LELY BEACH SOUTH 13.1 PURPOSE The e purpose of this Section is.to establish deveTopment regulations for the areas designated - on Exhibit "A" as Tracts Lela Reach South,• low to mid -rise, single or multi-fa,ait residential 13.2 SITE PLAN FOR REVISED TRACT the Lely Reach South site ElaA(Exhibit D pre- pared by Coastal Engineering Consultants shall be considered the conce tual site plan for this. tract The site plant dicts deveio ment corri- dors fixed reservation areas fixed Let Beach Boulevard (fixed) and development foo` rints flexible with res ect to building location and alignment within „evetg melt corridor_,, unit tt Zp.e ,..and distributiar„ and nu7be, of floors, Provided that the specific `roti — _corridor devata melt cor:ditions are met.). SUB AREAS NMIN LBLY BEACIi SOUTH Lely Beach Sou4h has leen divided into eight sub -areas; four d=lo labeled OC -1 through 2C-4 on the Lel Beach South site plan and fou; _preservations area_ as labeled. These sub -area ;__restrict development `o spetifia corridors based on island characteristics and prohibit deveTopment elsewhere. Their purpose is to maximize retention/restoration of native -44- coastal barrier habitats and to provide for storm surae/breachment charnels. . 13.3 SITE PLAN APPtOVAL REQUIREMENTS A. Site Alan a royal shall be in accordance with Section 2.6 2.7 and Section XX 0. An entire development corridor into be developed as_a unified project and may not be fractionalized. 13,4 USES PERMITTED No buiTdinq or structure or part thereof, shall be erected, altered, or used, or land used, in whole or part for other than following: A. Principal USE I. Detathed single family residences. 2, Attar_hed single family residences such as villas, zero lotline homes_. cluster homes, townhouses, etc. 3, Two family residences. 4. mu , ple family residences. 5. Common recreational areas. B. Accessory Uses: i. Custgmary uses and structures. 2. Signs as permitted as per zoning ordinance {n e{fect at the time its are required or requested 9: 3. Model dwelling units shall be permitted in conjunction with the promotion of the project, Such model dwelling units shalt be converted to, privately awned �- dwelling units at the and of a two-year ;• period unless otherwise specifically approved by the County. 13.5 MAXIMUM PERMITTED DWELLING UNITS OC -1 ti 60 15 DC -3 12 ilC-4 10 ' I TOTAL 97 The maximum number of dwelling units permitted on individual corridors may not be increased. Dwelling units may be transferred td Tracts H and 1, 13.fi REGULATIONS 13.6.1 GENERAL: All Yards; setbacks, etc, shall be in relation to the individual tract or parcel hound- aries. 13.6.2 MINIMUM YARDS A_ Yards which abut Lely Beach Boulevard: 25 feet right-af-w a,p. Required yards abutting Lely Beach Boulevard are also easements within which utilities, walkways, etc, may be installed. - B Yards which abut beachfront common open space: none. C. Waterfront yards other than Gulf front: 30 feet or onr-half the building height, which- ever is greater. 0. Rear yards other than waterfront: 20 feet or one-half the building bei ht whichever Is greater. 13.6.3 MINIMUM OWELLIRG UNIT FLOOR AREA - Each residential unit shall have a minimum floor area of I,200 Square feet. 13. 6.4 MAXIMUM BUILDING HEIGHT A. OC -3 and OC -4 five habitable floors, with the option of having. one or two floors of parking and associated non -habitable utilitarian space beneath the first habitable floor. B. OC -1 and DC -2c_ Six habitable floors, with the option of having one or two floors of parking and associated. non -habitable utilitarian space beneath the first habitable floor. I3.6.G OFFSTREET PARKIN& REQUIREMENTS. EQUIR.EMENTS one and one-half paved, one-half unpaved, land- scaped or left in native vegetation set aside in reserve, Bad% 922pi (`,gp -47- I3.4 MAXIMUM OEVELOPMENT COVERAGE } The maximum development coverage (e.g. buildings, parking lnts� roadways, etc.) as 'm easuredby impervious surface area, shall not exceed - ac -I 50% • - OC -3 _' 45% OC -4 35% Percent measurements shall be based on the avail- able upland areas within _the pa rttcular deyeTpp meat corridor from the state CCC L to the west and the wetland jurisdiction line to the east, excludinR the required 60 foot right of vyav for Lely Beach Boulevard. 13.10 TYPES OF UNITS 1'he type of rest deniial units (multifamil mid -rise to six floors attached or detached single. family villas, townhouses etc.) and their individual develapmertt cvrradprs shall be left up to the developer provided that the maximum uiait number and development covarape _specified for each corridor are not exceeded and all construction and environments} ro tett{on standards are met. 11.13 SPECIAL ENVIRONigENTAL PROT@C7IOPd R€GULATTOId5 All development in this tract shall be in accor- dance with construction, native habitatpro-� tsction, dune preservation and watland preserya tion regulations. listed in Section XX _qp_ �.awmm mm SECTION XIV PASSIVE COMMUNITY RECREATION AREA 14,1. PURPOSE To provide s ecirl development standards within this area of dense, undisturbed native habitats. Its low elevation and the fact that it is sur- rounded by wetlands and 6ny waters, makes land alteration highly, undesirable. 14.2 LIMITED USES Because of its ecologicall.y valuable and environ- mental�zensitive charatteristics, this Tract will be used as a passive community recreation site (e -q nature trails boardwalks, etc.), No residential units will be permitted in this Tract. The location of some limitede low Impact recre- ation facilities ma), he possible near the northern end of this tract provided that they are placed in the open or low plant cover corridors and that the to Cal impervious acreage does not exceed 10 perceit of the available upland area (outside of wetland jurisdiction lines). there shall he no hardeninq of the Bay shoreline (e.g., seawalls, rj rap . 5'fte Mary approval per Sections 2.5� 2.5, 2.7, and 20 shall app% 14.3 KATIVE HABITAT PROTECTION AHED RESTORATION A. The entire site shall be cleared of all exotics and be maintained exotic free by the developer or homeowner association. _49- wK 022P4Gi432 aeon 022 f°k.0 Da 2 8. Recreational buildings, parking lots, water management facilities other than discharLe points will be located in open or low plant cover corridors. Native s ecies shall be retained as natural landscaping. Where native species must be removed to allow for the construction of a buildin2a parkingarea or the tine, they shalt he transplanted to open _.._.._a rflag, C. Open spaces_ between. any facilities shall be landscaped with retained and transplanted native vegetation and supplemented with additional native species. the objective of landsca2ing shall be tg re-create natural cgastai barrier habitats that have been tort to exotic invasion and storm events. �. All activities in this tract shall be in _ accordance with an other appropriate environmental RroteCtion standards listed in - section Xx. mum SECTION 01X4 TRACT J: UTILITY SITE 1115.1 PURPOSE The purpose of this Section is to establish development regulations for the area designated on Exhibit "A" as Tract J: Utility Site. 1115.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered, nr 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 tank, vehicu- lar parking or similar project serving feel I ti as. Prior to utilization of Tract J; the pian for its utilization shall be submit- ted to and approved by the appropriate Collier County Agencies, which shall insure that the planned uses are appropriate on the site; that the location of the planned improvements is appropriate; and that if the facilities tc be installed warrant screening, the necessary fencing and/or landscaping is installed. -51- 60B% i 2'2P--, 4 J5 SECTION %1X&XVI TRACTS M,.h & 0: MANGROVE PRESERVES la6.1 PURPOSES The purpose of this Section is to establish development regulations for the area designated on Exhibit "A" as Tracts M, N & 0: Mangrove Preserves. 126.2 USES PERMITTED No buildina or structure, or part thereof, =_hal? ho - erected, altered, or used, or land used, in whole or part, for other than the following: A. Principal Uses: I'-- Natural area preservation. No land modification ar structures are permitted. 16-3 DEEDING OF TRACT h[, N AND 0 Mangrove wetland tracts M, N, and D along with their associated open water bottom lands shall be deeded to .the State to ensure uniformity of resource mono ement and protection for the estuarine system of little Hickory bay. —52— Y i S Y�„IE,.vfmimw 't3"';t SECTION %F4XVll EXCEPTIONS To COUNTY SUBDIVISION REGULATIONS 1417.1 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. 1417,2 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 bat need not meet the U.S.D.O.T.F.H,W.A. Manual of Uniform Traffic Control Oeviees. Street , pavement painting, striping; and reflective edging i requirements shall be subject Co County Engineering approval, but need not meet standard County requirements. , Article l, Section 24 - Utility Casings The requirement that utility casing be installed at intersections is waived. This waiver is granted provided that the installation of subsur- face construction such as water lines, sewer lines .53 - BOOK 0221,3"', IM ean� Mpk� i 437 and public utilities fs completed_. prior to com- paction of the subgrade and roadway construction. Article X3, Section I - Access _ Points of vehicular access to lots shall be located a minimum of 30 feet from any intersecting street right -of -way lines, ` Article XI, Section 10 a 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 X1, Section 16 - Solid Waste Collection and Handling Facilities: 0 The developer shall riot be responsible for garbage receptacles at Individual residences or multi -family structures. Article XI, Section 17 - General: F. Street Righ4-of-Play Widths and Alignment Rep est waiver of minimum 60 feat width to allow implementation of section 20.2.5 upon apUoval of L'he Cau ntgEnginezr. H. Dead -End S reets: The requirement that dead_ end streets not exceed one thousand (1,000) feat in length is waived. I. Curb Radii: Edge -of -pavement radii at street Intersections shall be a minimum of 30 ft. r',u ry.:. SECTION XV%4'211 UTILITIES CONDITIONS 4518.1 PURPOSE The purpnse of this Section is to set forth utilities conditions established by the Collier County Utilities Division. }§18.2 WATER & SEWER }518.2.1 Central water distribution and sewage collection s and transmission systems will be constructed - - throughout the project development'by the developer pursuant to all 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 u by the County shall he conveyed to the County for - ownership, operation, and maintenance pur noses. - - All water and sewer facilities constructed on private property and not required by the county to be located within utility easements shall he owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the Countye when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in affect at the time conveyance or .transfer is requested, prior to being placed Into service. -55- 600¢ 022Pur 3 4518.2.2 All construction plans and technical specifications and proposed water distribution and sewage collection and transmission facilities most be reviewed and approved by the Utilities Division prior to commencement of construction. 1518.2.3 All customers connecting to the water distribution ' and sewage ce l7actioh facilities will be customers of the County and will be billed by theCountyin 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 Customers shall be customers of - the interim utility established to serve the Project until the County's central nater and/or sewer facilities are available to serve the project. For interim utility systems, a review of the proposed rates and sud5egUent approval by the Beard of County Commis€ieners Must be completed War to Attiaati®fl of the V*ttr Zed Sewer fec47_ sties servicing the project. Rate review must be 'in full compliance with County Ordinances fie, - - 75-71 and 83-18 as amended, revisad or superseded. 4518.2.4 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 e.n-site sewage treatment and disposal facilities =56� M S, b?` adequate to meet all requirements of the appropri- ate regulatory agencies. 3518.2.5 An agreement shall be entered into between the County and the Owner, legally 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 treatIM - ment facilities and/or on-site wastewater Elk Mi treatment and disposal facilities,,ff required, are to be constructed as cart of the proposed project and must be regarded as interim; they shall Le constructed to State and Federal standards and are to be owned, operated and maintained by the Owner, his assigns or successors until such time as the County's Central Hater Facilities and/or Central Sewer Facilities are. available to service the project. Prior to placing the water treatment, supply and distribution and/or sewage collection, transmission and treatment facilities into service the Devel- oper shall submit, to the Collier County (Utility pate 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 Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site -57- 196K 9 22FAA40 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 Cental water and/or Sewer Facilities will he 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 connection shall include, but not limited to, all engineering design and preparation of construction documents, permitting, mndifica- tion or refitting of :ewa9e pumping facil- ities, interr.annection with County central facilities, water and/or sewer lines neces- sary to make the connection(s), etc. 3518.2.6 At the time County central 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 pursa- ant to appropriate County Ordinances and Regu- lations In affect at the time: 1) All water and/or sewer fdclilties 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, -58- j,�- 01 2. All water and sewer facilities required to connect the project to the County's central 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 sewage lift station and force main interconnecting with the County central facilities including all utility easr.- ments necessary; h) Water distribution facilities from the point of connection with the County's central facilities to the master water meter serving the project, including all utility easements necessary. 4618.2.7 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 sewer 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 the Owner, his assigns; or successors shall turn ever to the County a complete list of the 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 billing for,the project. -59- "" 0?&r =.4V n_ b<_ 3618.2.6 All construction pians 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, 3518.2.9 The Owners, their assigns or successors agree to pay all applicable system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of permit request. This requirement shall be made known to all r _ ear+inn heyers of p _rerties for which building permits will be required prior to the start of building construction. 1618.2,10 The County, at its option, may lease for operation and maintenance the rater distribution and/or sewage collection and transmission system to the project owner or his assigns for the sum of $M OO 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 remain in effect until the County can provide water and/or server 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, -60- a M $518.2.11 Data required Undei County Ordinance No. 80-112 showing the availability of sewage service, mast 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. 4518.2,12 If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, itmustbe 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 District servicing the project area. d g34�t SECTION XV;XIX PROJECT IMPROYSMENTS PURPOSE he purpose of this Section is to set forth the phys- cal improvements which shall be installed by the evelaper or his successor in title, IMPROVEMENTS PEDESTRIAN BICYCLE PATH: A pedestrian/bicycle path shall be developed 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 westerly edge of the ,road right -o`_ -jay. PRc"s'ERVATiON OF EXISTING NATIVE PLANT MATERIAL; LANDSCAPE PLAN: LANDSCAPE IRRIGATION AND MAINTE- NANCE PROGRAM: A basic project objective is to retain the natural vegetative quality of this typical southwest Florida coastal area, both through careful preservation of er,istinc good native vegetation and through relocation and/or Importation of native plant materials. When construction sites contain cabbage palmetto, seagrape, or atter native plant material which has a useful landscape purpose and the capability o9 being transplanted, such material 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 _b2. residential development sites. When the bayfront sites are developed, the existing shoreline and associated native wetland vegetation is to be retained in its existing state. No seawalls shall be constructed or other modification 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 review and approval, 5elnealve-e leaping e€-trees-and-ai:pea-na6ive-vegeta83aw-sha3l-4e enepa4sed, Preservation areas, sensitive vegetation areas. where dev eloymant is excluded, protected trees, native v^getation, and other desirable 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 lines or the limits of the protected areas. The fence shall not be removed until such time as all site work is completed. C. ROADS AHD DRIVES: All project roads and drives, within approved rights-af-way, main north/south road, minor residential streets in the backbay portion of the plan, and the beachfront cluster access drives, are to be commonly owned and maintained by the property owners' association. The constru Ction specifications of project roads and drives shall be as follows: Main Northy_South,Road: 26 ft, pavement width within a GO ft. ight-of-xray, aligned as shown on the Master Plan. The PUD Master Plan indicates that the meandering north/south access road -63- am 022ra '446 extends from Bonita Beach Road to the south boundary of the project. Vehicular access to the state wined lands south of the Barefoot Beach project is to occur via this north/south access road. Ha modification may be made to this road as planned which would interfere with access to the state mined land to the south. Right-of-way width may vary per Section 20.2.5 upon approval of tho 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 Master Plan or on approved Site Development Plans. Backbay Roads: 20 ft.. pavement width within a 61 ft. right-of-way, aligned as shown on the Master plan or on approved Site Development Plans. .i improvements in Bonita Beach Road Right-of-wav: The developer shall provide a left turn storage lane at the project entry read, per DOT design requirements, as part of the initial project road 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 DDT, the developer or his successor in title shall contrib- ute his pro -rata share to the cost of the light. Recorded Private Access Easement Extending from Bonita Beach Road Through Barefoot Beach _Lands: The recorded easement extending southerly 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 Rorth/South Road Construction Timin : The main north/south access road extending from Bonita Beach Road to the South line of =the Barefoot 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 he con- structed at the minimum possible width to enable optimum preservatioa of native vegetation. a. STREET LIGHTS; Street lights will be installed by the project sponsor in the locations indicated on the approved subdivision plan and/or approved Site Oevelopment Plans, as applicable. The project developer or the project property owners' asso- ciation reserves the right to install street tights at more frequent intervals. Street light fixtures shall be ornamental, low Intensity, and free of glare which constitutes an nuisance to nearby homesites. E. STCRMNATER MANAGEMENT; There shall be no project storm water collection and dfstrf6utlon facility which connects directly with tide water. Any drainageway crossing the north/%ooth access road shall discharge into upland mangroveo through -6s- aw 22PA�144$ <iS-'7 t to" 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 Management Board as well as by any other govern- mental agency with ,jurisdfction, prior to final plan approval. When development of back bay waterfront hgmesites or recreation areas occurs, no seawalls shall he constructed and no other modifications shall occur to the land at the waters edge or within ten feet of the mean high tide line except for such boating related improve- ments as may later he authorized by all govern- mental agencies with ,jurisdiction. No portion of the project area shall be modified by an individu- al lot owner so as to drain directly to tide water. F. SIGNS AND OFFSTREET PARKING AREA LANDSCAPING: - Collier County regulations dealing with signs and offstreet parking area landscaping shall be .applicable to the Barefoot Beath project. G. PUBLIC BEACH: Although not a part of this PLD project, the Barefoot Beach project sponsor has dedicated a tract of beachfront' land to :ollfer County for public beach recreation use. The dedicated tract lies adjacent and immediately north of this PUD. The tract dimensions are 600 feet of gulf frontage by 160 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 serve the public -Go- m LJ � { c3 -.7 c' 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 A, 1485. H. HATER STORAGE TANK: PRESSURE PUMPING FACILITIES: if deemed necessary to meet County Utility Divi- sion requirements, but no later than at 76% completion of the project as determined by sale of units, the Barefoot Beach development sponsor shall install Hater storage tanks and booster pumps in Tract "J", or elsewhere as directed by the Division in order to maintain -adequate pressure in the transmission main. -67- BBBK Cffi�G PAri 450 60DK lIL�PALi'&�� SECTION XX SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS 20.1 CONSTRUCTION STANDARDS 20._1.2___ A1.1construction 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 Construrtfon Ccntrol Line, 20.1.3 The special_ structural requirements designed to protect beach front buildings from storm tides or wave damage, incOrpOrated in the State of Florida j approved protective covenants for Lely 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. 20.1.s There shall be no hardening of either the Gulf or Bay shoreline (e.g. seawalls grofns riprap)_ Any shoreline stabilizations shall take place utilizing the plant9ng of not{ve Vegetation andL r the replacement of sand just due to erosion. 20_2_6Structures shall he clustered as conceptuall shown on _Exhibits C and D in order to retain large Open space areas for native habitat re- tention/restoration and to keep open corridors for potential storm surge and island breachmant. 26.1.6 All available under -buildings areas (i.e., areas not required for stairwells, pilings, etc.) shall be utilized in meeting County parking require- ments. At a minimum, 30% of required paved parking spaces shall occur -under the builds ogs.. 20. 1.7 Structures shall be oriented in ways other than continuous shore parallel in order to reduce their exposure to storm waves and winds. 20.I.8 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 develapment areas for percolation and treatment in roadside swales and the like. If deemed necessary,spreader swales may he con- structed in open upland areas adjacent to wetlands provided their construction does not result in the loss of native habitats. $0.2 NATIVE HABITAT PROTECTION AND RESTORATION STANDARDS 20.2,1 The entire_ development _s9te (ineTudina development, preservation, and open space areas) shall be cleared of all exotics and he maintained exotic 'frea by the develape,r or homeowner asso- ciation. 20.2.2 Buildings, parkin lots and other associated development facilities shall be located in devel- opment corridors characterized by exotic species ar open and devoid of established native plant communities. Facilities are to be sIghtgd outside the designated preservation areas oriented to avoid the clearing of sensitive SM 022WI,452 ,t 453 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 open areas within the development tracts or to the preserve or sensitive vegetation areas. 20.2.3 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- tribution (e.g. overstary trees and native around cover/shrubs), 20.2.4 Since the objective of site planning and landscaping is to cluster structures in order to leave large open Space areas where na Yive habitats can be retained/restored, in no case shall sodded areas exceed thirty percent of the tracts, pervious acreage. 20.2.5 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 alTnwed on Lely beach Boulevard when recommended by the Coun P.y !, Natural Resources Management Department and approved h the County Engineer, In addition, where approved b, the 'r 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 20.2.6 Where required yards and setbacks Include native vegetation, the vegetation shall be retained. 2013 DEFINITION AND STANDARDS FOR DUNE PRESERVATION ZONE 213.3.1 PURPOSE A dune oreservation zone has been designated on the revised master plan and included 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 dune 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 CCCL. 20.3.3 PERMITTED ACTIYITIES WITHIN NEW TRACT The dune zone is set up soley for the restoration and Rrotentiod of the Lely Beach dunes. For this reason only activities strictly related to this function are permitted. No devela meat structures or facilities other than dune crossovers are allowed. 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 Dfvision of _7l WK 922r;wi454 BOox 022m1455 Beaches and Shores. Dune crossovers shall end with stairs intersecting the beach 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 exotics the restoration of the dune zone, or the construction of dune crossovers. 20.3.5 NATIVE HABITAT PROTECTION AND RESTORATION A. The entire._preservatian area shall be cleared of all exotics and be maintained exotic free by the developer or homeowner association_ Exotic plant clearing shall take place In concert with dune restoration activities. B. The dune preservation zone shall be restcred to replicate its natural form. Dune restora- tion shalt 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 sppplamental sand where nec essaryj to dupli- cate natural southwest rlorida dune--rofi'es and 1antin the foredune area with sea oats no less than 80 percent cover)and other associate native foredune species not t^ exceed 20 percent cover). Backdune areas can 62 planted with native bac_kdune shrubs and trees in.such a way as to replicate natural species distribution. Where native dune s ecies exist they shall be retained or transplanted prior to gradinq and re_Dia_nted thereafter. -72- Q 1'he habi taf tos to roti on spoetalist selected far the job as well as the detailed dune restoration program andplans shall be reviewed and approved prior to construction by the County Natural Resources liana ement De artmen t. 20.3.6 DEFINITIONS AND STANDARDS FOR WETLAND PRESERVATION ZONE 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 Rreservation. 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 indicate 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 Rocket. The Developer or his assigns may undertake steps to obtain State Federal and County permits to fill this isolated pocket.of wetland. Upon receipt of perm t5 this area can be utilized for building in accordance with Section IX regal Yemenis. 20.3.7 All activitiesdealing with Se[tion 20.3.1 through 20.3.6 will be coordinated through the Collier C❑unty Natural Resource management Department during deve1 opment. Contact coacerninq these development activites will be the r.5ponsibility of the developer. 20.3,3 Effluent released by the sewa 9e trea tinent giant will monitored by the developer. After buildout monitoring requirements shall be transferred to the Homeowners Association to assure minimum impact an Little Hickory Bay. parameters to be monitored will be Sat by the Natu raj Resource Management Department and effluent standards in D.F.R. regulations. _73_ ansa 022 PAs458 457 SECTION XViiXXI ENVIRONMENTAL ADVISORY COUNCIL 5TIPULATIDNS 1721.1 PURPOSE 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. - 1721.2 STIPULATIONS A. A site clearing plan shal: be submitted to the Natural Resources Management Department and the Community Aevelopment 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 ,clearing plan shall clearly depict how the final site layout incorporates retained native vege- tation to the maximum extent possihle and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal, B. Native species shall he 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 review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of -74-' A ME site 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 exotic 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 Community Develop- ment Division. 6. If, during the course of site clearing, exca- vation, or other constructional activities, an archaeological or historical site, artifact, or other indication is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. 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 ai:d efficient manner so as to provide only a mini -nal interruption to any construction al activities. 0uag 45& -75- �'•�- - 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 1 approximately two miles and lies very near 'the northern Collier County line, The precise legal description is as a follows: All land lying in.Section S, 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 dascri bed and recorded in OR -Book 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 Soctldn 6, T48S, R25E, thence run west along the north tine of said 5,ction 6 a distance of 3,396.51 feet to a set G0.0 monument, thence continue to run nest along said north line of Section 6 a distance of SOt 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 S71°38'I4"Fi from a point located S81°2114511E a distance of 704,53 feet from the above noted URC monument, thence run k71°38'14"E a distance of 80t feet, to the above located point, thence continuing M71138114" E a distance eP 150.15 feta, R,Senee WIV41°42'9 a d4s1aDee Of 41,01 feet, thence N68046'DD"E a distance of 5SO.00 feet, thence 567°01'27"E to a paint 50 'Feet beyond and seaward of - the mean high water lino of -the small water body extending ' westarly 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 Reach Road (SR -865) to the east line of Section 6, T485, R25E, thence north along the east line of said Sec- tion 6 to the point of beginning, 4nu M-mrt 460 _77- ,'I f.... 9222,.1461 S3 --S73 i ' ;Ifaltft �0.R.869 I° PG t!tr1 hlF6 itnl,8'80 4'i'1`GO R.R.BA7PG 3t,f/ AHEMOE9 �AU PFCI,AAAp IO11 JY PPOlYCDSVI: CMr.NNiT^v Y c.p v'p W4efibl vtou lBEMP.HTb ' (��I�� Ila-rawedad to PA mYPCOf lCxi - C I.A. [eNLbit e y / y Y1129 OCCLA MSS @le LtlJ pq kM 4n{O h+Y+ClnJ I{a Y'e• -. forth by Lely eetaee., lee. hbrele.1t., em[dered to ee t^' DEVEWVEA. „ma0t �• 1: .UAA ' t�liH �,i c^yt 3�,TN'8Tt ttzntEEEEINe N V DEVEWPER An tht tee A$xply a Vr of certain lasda In Cniltee Wenty, Florida. described nut ••AA pat kM leap de.a, Sebe. star shod ♦nta.n ane iabatad Eahlfalk °A'-•+— wlltRct9. bduni 0Yp Y,Q21 eonwY eeid /aea9 dW J.a ,jva{ -'en. gnR.nwra 4 WT�9'�lA PP�'rvY' Na �ro.�N P<T�l. I4pa."i ana• eaeaaante, some rvnetee., Ilan fkgnt, a— PAe}yq plyhge, pa hgrain at torah, NQ9, TMEnEP6W6, OEVEWvi9 hereby denier en ekmt the above - dagclbad Fee,"" shall ba held, veld, and mousers gebiac< to the Aotlwing rm ex ic¢(nn m, uOV—Ret, and enndL"4 #, all of which ere seemPth.d Poe the colo purpeee eI maft aneing and preeec¢ing the velbo, gterae<ly voce,, and PIQAOmn< living quollty eg DAWCPOOT BCgcH. Te.u, re—naeto shall sun NAth !hn twmd unlcam ter.tented as hcrel na Ctex not f.,th and shall be - B"dl.g en oil parties, nh.thar gr.at.o., re ...... no, duVAancg, hal' , 'er fnn¢1 CeptOy®negtivea, r ... . an to er ...A§nba Or any other parvo. e!etming rlght, elttm, or to [oxvse, pec%one i o, Ietvrq, in ca. des eEibed property, of Any pore or petanw i tits l'^^ -e4. l ° Del"IT2—St lu, egea hereon the Eollcxing daf"Ltlpm y. nhhtl npplyl ..VrLCIER ohall canon and pate, to fwtly EeomEaN, Ins„ a TN;ma C otperael en ou Norland to da benL.gNN to Plo tl da, ite • n, llC Cmn etl;q '1n ...althlp nP itp g6mlgn4, i �"3=�'-i 2;3-gf aW 022pic-463 aaI ' ✓6.A.&09PG 19rt3 O.1L&67PC ino i' The -b'a'n se.. rlbud support atr.otw. shall be no closer to. ,.cher than 9 foot clear dFa canes. C. MI afs.ldia...... tvrae babe the lavvl al elauaelan .13.0 ns an tea Level shall be Yr.nglbla and daaigned ee blow at e4 a wind load ee 80 aph, raataningo shall be dcalgned to fail whom "a oorfaco is subject to a unlearn lead of 10 lbs. per mgLary Oast• n, she design anginaar shall certify on the plane for the etrvctaea that the straha.ra h.. been dnalgaed in statements «ith thaw restrictions and consideration ham bean given to the oaalga wawa Farre M.Iysle ptrformd by the Oepartecnt of Oatmeal 8vaourcaa, eurawu of esachce and shvzva, recoedad end att.thtd berate as Lwsoar c'. 8. Those rastrictione shall apply to ell residential buildings cad ether at:vetvran OE alellar daalgn life lov®ted Within the va deoeribad !n Crh1Mt "8•, ' F. Thaeu shall on no encavaticn avouard op the Coastal Can- atewtlen Sat}aaeh Line ah,lch mold redoes the ervl ptSnq grauhd dune. xAdgoe, 'tela reseal ro£on shall net prveYuda a a.s.Llam for p11e fo undn tl ane, utillelte, or man-permm'ont naaavarlwma, 11 G, Addteivnal dead rmo evict torten nhlch are not lneenp3aeent with Cho above aeva.beee end do at lvaar she etnndsrdu evtabllvhod by eheae ccs trletlena mhalt mat ba pcae3uAme, N. n tanmtrucelan shall be pon.il t.d woe um rd al she property dmeerlbad im T.ahlbit •b°, at to tho.. erm.a hold 1m a.. evnacmhAy 2YAeg uoat of the Coastal ConaeeceElmn Soth.ah Line. In the evaht that the Caentnl CanmenhctlOA Satbecq Lino avtabllahed in Collier L"aeney pera... a to lest;on l€i.m l elorida stctuten, shall be x®pmmlad by iagLuletion be datmealned umm�e city clonal or Anes Sld by any Court oA taapetent juriadit- tEan end ouch apt. enlmtion ham became final and not uAj..t to further jadlclal ravLew the covanant0 wad rear vie ti oma haaeln at may ba abandoned by as AOR of a nejocf by of the o,acra of the 71,11 at Earth In Yah Lbit °A", M 0 rpmBMW 0- b✓ O.A. 989 PC f ase 4.R.MPG S3,'I 1, yaelane., mr He luaz. to that. rmser!c Gtona uha11 ba 1.114 ooly Le appxnvol In velel ng by the elaelde Onparemont of net.ral 1• ka ooYF-c. or acn.r $Gala A,..p BII,calif., ju rled6etlbn aver 1� Cant/ tel [anaCeaCtfoT 0T$ 1: On v9Piaiaeas on HN1 vaCa aYa ol.. oppcwed by the DMMPEn, six N Virlc=lm Or Cov IMMISX The DLf'Yrxgpnh l'.evby 7 ... nv . the S1; ty eight to +oekv raompnm hlu aodif scat tent/ 4C �thea..wanin G,n ,.Capt for $0.41 an. 12, A theovgh 2 lnelvvl vm and Ghla V. 4os J. to eL.. aIth.n by to, of ddditlonn, da}.Ginnu, M.. ehanq ea, en chat 14 o.p be ,toe a,eurm the protaetlon of the uIIm. daatuhlllty n.d at Grua tlw n, na of the avtdf ulatbn. Theo. cwanentn are auppteman Cul Co and tndepandmnt of mny zaning, � I¢yY pcmenne or fntara, of Cho County of COILIa No v.rtnnn. or tent., ehanq. pan.Ltnmd by the County ih.tl to any w.y M con- r� & l ®trued to cndpco or radlfy ¢bm cavanentH cone.lned neva ln. =CBPTANCE or CGVENMT3 ®T LOT OHN6N8t Yaay. OH,Cn, by weonpt-• ln, an lntarmnn £n anY lot, hereby and th.coby agron. to ha bound by ell tho CanditI.C.. 1}micationo, renarwtlona, end !` ceacrSrcSonH ., cu.celn,d hart in, end In the maene aL a broach .qct/ eH to paY .11 cone., Including a rnasmnnble e¢emsnmy'e to., I+ yt [or the .h4os euent o9 ,bent nvannnP.u. v MCZDX92e 1. Ghm .t/.nt of n YdoLntlCn ve br.xcb of ehp o[ �4 Uta Ha YmaGrleGl va ewmnentoa the DEV2:L(PEY es any ,rwp e[ U LSvm (5) a..nnts null here® th* rlghb to pave®d At law ar In aqu L¢y to oampet Cc"ae'S lmace with Gbre t.: h.c.oc nc to prav,nt th. vtolarlon on bra.eh OC any o[ them. The (.Elora Co Hn[Cr.m onr sight, eonmv-ntlan, rextrlettoa. Condition on Italn.tio. hose L. oancolnad. Novaver Yong can dnued nh.11 not b. dnaaod a delver of ena i1ghG to Ja as thaYtla[,,,r. Tho .en v.L idatian by , f a' 8 gppg 7 (;ZPA;i465 9 f ), SPH 8_ iUi ' n5 922 m ".Y 69 j ;.w �L G:i �a ` �t f` i M LELY BAREFOOT BEACH P.UD. UASTEA PLAN ! l ,ti• c` 51 /l � r _• � � wra c�~� _s'�C__ arca •v,••�•'•••_v mvi3 ¢1 Nealcc EXHIBIT A —i] \l-, v v I a i w: �T® YdAY4Yzane - . .. Y 1 4 fl �tiYs � f a i Y 1 4 fl �tiYs a i bM rwe EXHIBIT C LELT KAZO WORM CCNUEPYVAL PLM tI bM rwe EXHIBIT C LELT KAZO WORM CCNUEPYVAL PLM EXHS9IT PJ MAIH OWTH MCEPTUU 0.PLm awry .S . .. . ...... ... . ...... Fj BAREFOOT BEACH - Exhibit E LEGAL DESCRIPTION; The subject property abuts the,Gulf of Mexico no 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 4B South, Range 25 East, Collier Caunty, Florida, lying west of the agreed upon boundary tine as described and recorded in OR Book 6B, Pages 235 th�fpu 25o, inclusive, in the public Records of Collier Caunty, Florida, less and except the following descr.bed parcel: Begin at the northeast corner of Section 6, T48S, R25E, thence run west along the north line of said Section 5 a. distance of 31396,61 feet to a set GAC monument, thence continue to run wast along said north tine of Section 6 a distance of E,Ot feet, to the mean high water line of the Gulf of Mexico, thence run in a southeasterly direction along the mean high water Vine to the intersection of said mean high water line and a line bearing 571°38'14"ii from a point located S81621146"E a distance of 704,53 feet from the above noted GAC monument, thence run N71`38`14"E a distance of 80± feet, to the above located point, thence continuing 147163$114" ; a distance of 1.50.15 feet, thence M19047°42"W a distance of 41.01 feet, thence M68°46'00"E a distance of 536.00 feet, thence S67'01'27"k to a paint 50 feet beyond and seaward of the mean high crater line of the small water body extending westerly from Little Hickory -Bay, thence meandering northerly and easterly along a Vine 50 feet seaward of the mean high water line along lands abutting the south side of Bonita Beach Road (5R-855) to the east line of Section 6, 1`48S, RZ5E, thence north along the east line of said Sec- tion 6 to the point of beginning. B661I 02G°.,476 r G 1 $TATE OF FLORIDA ) COUNTY OF COLLIER ) I. WILLIAH I.T. REAGAN. Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct original oft ORDINANCE NO. 85-83 which was adopted by the Board of County Commissioners during Regular Session on the 17th day of December, 1985. WITNESS my hand and the of£lcial seal of the Board of County Commieaioners of Collier County, Florida, thiA 19th day of December, 1985. 906K 022PI,i477 WII..B.IAM J. REAOAN Clerk of Courts and Clerk Ex -•Officio to Board of ! County CommiasEoner S1�i iia(,du "'. BY `8x rg Hagr , e Dcput Clerk,.. = i 0 ORDINANCE 87- 53 WHEREAS, Lely Development Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Lely y .r Barefoot Beach Planned Unit Development Ordinates. Collier County Ordinance 85-83; NOV, THEREFORE BE IT ORDAINED by the Board of County Commissionere of Collier County, Florida: SECTION ONE: Ordinance 65-21, Barefoot Beach Planned Unit Development (PUD) Document, Index, shall be amended to read as follows: INDEX SECTION I PROPERTY OWNERSHIP d DESCRIPTION I thru 2 SECTION II PROJECT DEVELOPMENT 3 thru 10 SECTION III PLATTED LELY BAREFOOT BEACH UNIT It 11 thru 14 BLOCKS A THROUGH R LOW DENSITY SINGLE FAMILY RESIDENTIAL SECTION IV LELY BAREFOOT BEACH UNIT 01 15 thru 16 TRACT A GATE HOUSE COMPLEX SITE SECTION V PLATTED LELY BAREFOOT BEACH UNIT 01 17 thea 19 TRACT B COMMUNITY RECREATION CENTER 11 SITE WORDS UNDERLINED ARE ADDITIONS, WORDSBTRUGR-4T3ROOGN-ARryE�}D^E7LETIONS. tou Q2 E r1�ILJ i AN ORDINANCE AMENDING ORDINANCE 8521, WHICH - _ ESTABLISHED THE LELY BAREFOOT BEACH PLANNED r� UNIT DEVELOPMENT, AS PREVIOUSLY AMENDED BY ' ORDINANCE 85-83; AMENDING INDEX; AMENDING SECTION 2.4, MAXIMUM PROJECT DENSITY, TO INCREASE THE TOTAL _ -- NUMBER OF RESIDENTIAL UNITS PERMITTED IN THE PROJECT _. AND TO INCREASE THE CROSS PROJECT DENSITY; AMENDING t. SECTION 4.2.A., PRINCIPAL USES, TO INCREASE THE TOTAL NUMBER OF RESIDENTIAL UNITS PERMITTED IN THEA, r: _ PROJECT; AMENDING SECTION 10.4. MAXIMUM PERMITTED - C_' DWELLING UNITS, TO INCREASE THE TOTAL NUMBER OF � - -Lio RESIDENTIAL UNITS PERMITTED IN THE PROJECT; AMENDING SECTION 18, UTILITIES CONDITIONS, SUBSECTION 18.1. PURPOSE, TO REQUIRE CERTIFICATION OF ADEQUATE FIRE FLOWS WITHIN THE PROJECT; AMENDING SECTION 29, PROJECT IMPROVEMENT, SUBSECTION 19.2 IMPROVEMENTS, BY ADDTNC PARAGRAPH I., ANGUILLA LANE ACCESS LIMITATION, TO RESTRICT ACCESS FROM ANGUILLA LANE; AMENDING SECTION 21.2, STIPULATIONS, TO ADD ADDITIONAL ENVIRONMENTAL STIPULATIONS; A`U) PROVIDING' AN EFFECTIVE DATE. WHEREAS, Lely Development Corporation, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Lely y .r Barefoot Beach Planned Unit Development Ordinates. Collier County Ordinance 85-83; NOV, THEREFORE BE IT ORDAINED by the Board of County Commissionere of Collier County, Florida: SECTION ONE: Ordinance 65-21, Barefoot Beach Planned Unit Development (PUD) Document, Index, shall be amended to read as follows: INDEX SECTION I PROPERTY OWNERSHIP d DESCRIPTION I thru 2 SECTION II PROJECT DEVELOPMENT 3 thru 10 SECTION III PLATTED LELY BAREFOOT BEACH UNIT It 11 thru 14 BLOCKS A THROUGH R LOW DENSITY SINGLE FAMILY RESIDENTIAL SECTION IV LELY BAREFOOT BEACH UNIT 01 15 thru 16 TRACT A GATE HOUSE COMPLEX SITE SECTION V PLATTED LELY BAREFOOT BEACH UNIT 01 17 thea 19 TRACT B COMMUNITY RECREATION CENTER 11 SITE WORDS UNDERLINED ARE ADDITIONS, WORDSBTRUGR-4T3ROOGN-ARryE�}D^E7LETIONS. tou Q2 E r1�ILJ i SECTION VI PLATTED LELY BAREFOOT BEACH UNIT 01 TRACT C LANDSCAPED ENTRANCE DRIVE STRIP SECTION VIZ PLATTED LELY BAREFOOT BEACH UNIT 01 BEACH GARDENS A through X SECTION VIII PLATTED LELY BAREFOOT BEACH TRACT BY BEACHFRONT COMMON OPEN SPACE SECTION IX TRACT D, LOU DENSITY SINGLE FAMILY RESIDENTIAL. DEVELOPMENT SECTION X TRACTS H AND I SINGLE OR MULTI -FAMILY RESIDENTIAL DEVELOPMENT SECTION XI TRACT LELY BEACH NORTH: SINGLE OR MULTI -FAMILY RESIDENTIAL DEVELOPMENT SECTION XII TRACT: ACTIVE COMMUNITY RECREATION AREA SECTION XIII TRACT: LELY BEACH SOUTH SECTION XIV PASSIVE COMMUNITY RECREATION AREA SECTION XV TRACT J: UTILITY SITE SECTION XVI TRACTS M, N 4 0: MANGROVE PRESERVES SECTION XVII EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS SECTION XVIII UTILITIES CONDITIONS SECTION XIX PROJECT INFROVEMENTS SECTION XX SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS SECTION XXX ENVIRONMENTAL ADVISORY COUNCIL STIPULATION SECTION XXII PROTECTIVE COVENANTS 20 21 thru 22 23 24 thru 27 26 2R thru 34 27 31 35 thru 38 32 36 W 40 thtu 43 37 39 44 thtu 48 40 44 49 thru 59 45 46 $k 47 52 48 53 th= 54 49 50 55 thz 6+ 52 57 62 thru 6iL 58 63 68 tbru ?3 64 70 .r4 thru 75 71 73 76 74 WORDS UNDERLINED ARE ADDITIONS; WORDS STRU6N—THR9UGH—ARE DELETIONS. 800 027pa,,,238 9 SECTION TWO! Ordinance 85-21. Baref mat Reach PUD Document, Section 2.4, Maximum Project Density, eh.i 1] be amended to read as follows. 2.4 MAXIMUM PROd1CT DENSITY No more that, a maximum of 690 750 residential dwelling uni s, single and multi -family, shall be construct,d in the total project area. The groes projec, area is 461.65 acres, of which 128.11 acres in open water and 333.54 acres is upland and m.ogrove vegetated wetland. 690 750 units divide- by 333.54 acres results in a gross project denr,.ty Of 2r03 22.25 dwelling units per Here. SECTION THREE: Ordinance 85-21, PUD 1),cument, Section 4.2. Uses Permitted, Subsection A.. Principal Dat a. ,shall be amended to read as follewe: A. PRTVCIPAL USES: An entry gate far-lity wherein security against road entry by urauthorized pers,•ns or vehicles will be provided. Public ac:eas through or around the entry gate, along the principal access road, and -a publicly owned and operated facilities aball be permitte,as directed by the public agencies which operate the publi, facilities. The gatehouse facility may contain dwelling ,.nits for resident employees of the project, which employee dw, Ming unite shall be included in the maximum 610 750 dwelling ,nit permitted within the total project. Additionally, the gatehouse complex may incorporate adminiatrative, w intenance, and utilitarian activitdeg and storage facilities for the Barefoot Reach project as a whole. During the period when the projett is being marketed. development administration and sales offices may be located io the gatehouse comilex. prior to construction of the gatehouse complex or subsegt int modificiationa thereto, final plane shall be approved by the Community Development Administrator, 600x 1:2 1 ra -r 2ai7 WORDS UNDERLINED ARE ADDTTI('NS, WORDS &TRU6K-T1tR00oH-AAE DELETIONS. 91 SECTION FOUR: Ordinance 65-21, Barefoot Beech PUD Document, Section 10,4 shall be amended to read as follows: 10.4 MAXZMUK PERMITTED DWELLING UNITS Tract H: ##- 137 units Tract I: 30 units The maximum number of dwelling units permitted on individual Tracts H and I may be increased, provided that the gross project dwelling unit maximum of 690 750 units is not exceeded SECTION FIVE: Ordinance E5-21, Barefoot Beach PUD Document, Section 18, Utilities Conditions, Subsection 18. 1. Purpose, shall be amended to read as follows: 18.1 PURPOSE The purpose of this Section in to Pet forth utilities conditions established by the Collier County Utilities Division. Prior to approval of construction documents for the tracts within the project, it must be determined tbrough flow testing, that adequate _fire flows are -available to provide fire protection within the Project. A letter certifying that adequate fire flows are available must be Prov eY the appropriate local Fire ControlDistrict. _ If adequate flows are not available the ,developer will be required to comply with the provision of the current apDroved PUD document regarding construction and o oration of an - on/site water storage and pum2lng station. , WORDS UNDERLINED ARE ADDITIONS, WORDS SIAM -THROUGH -ARE DELETIONS. 600K 027r.,r240 SECTION SIX: Ordinance 85-21, Barefoot Beach PUD Document, Section 19, Project Improvements, Subsection 19.2, Improvements, add paragraph I., Anguilla Lane Access Limitation, to read as follows: I. ANCUILLA LANE ACCESS LIMITATION'. There shall be no access from Anguilla Lane into the Condo site. SECTION SEVEN: Ordinance 85-21, Barefoot Beach PVD Document, section 21.2, Stipulations, shall be amended to read as follows, 21.2 STIPULATIONS A. Lely Development Corporation shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence At the time of permitting),, reguiring the acquisition of a tree -removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and approval prior to any substantial work on the nate. This plan may bit submitted In phases to coincide with the development's schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extend possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. D. Native, species shall be utilized, where available,to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resnurcea Manangement Department and the Building Department for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during constructiea or due to past activities, b00% 027Pd,:241 WORDS UNDERLINED ARE ADDITIONS; WORDS 6iRU6g-?,73R0D6H-ARE DELETIONS. C. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areae, open space areas, and preserve areas - Following site development a maintenance program shall be implemeaced to prevenc reinversion of the site by ouch exotic species. This plan, which will cescribe control techniques and inspection intervals, shall be filled with and approved by the Natural Resources Management Department and the Building Department. D. lf, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical Bite,artifact, or other indicator is discovered, 'all development at that location shall be - immediately stopped and the Natural Resources Management Deoarcment notified, Development will be suspended ,.for a y, oufficient length of time to enable the Natural Resources Management Department or -a designe-aced consultant to assess the find and determine the proper course of action in regard to its salvageability. .The Natural Resources Management Department shall respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any conatruetional activities. E. The mature, pristine manBrove foreeta of the north/northwestern reaches of Tract H shall be preserved; prior to any construction the wetland sball be flagged by the petitioner, the boundaries to be checked and subject to the approval of Natural Resources Management Department. F. At the time of permitting> Lely Development Corporation shall satisfy all county, state, and/or federal stipulations concerning protected species that may be found on site (i.e., gopher turtles (gopherun polyphemus), osprey (Pandion haliaetus). saes Uz` VA 242 WORDS UNDERLINED ARE ADDITIONS; WORDS RTRWBIF-THRBKEH-ARE DELETIONS. C. Lely Development Corporation shall investigate transplanting various native plant elements for use as landscaping (i.e_ sahal palma, stranger figs, etc.). SECTION EIGHT: This Ordinance shall become effective upon notice that it bee been received by the Office of the Secretary of State. DATE: %'ITT'rrEisi��°�,, JAMES' C. LiLES, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY. MX 4AE,�CIRW ''.�1pFROYED�.�6 TO PORN AND LEGAL SUFFICIENCY: - -- vTi1l4 i9l'•�3 NET�ER COLLIER COUNTY ATTOR> FDA -86-17C , Ordinance Chis 0rdlnence filed wftfi the SeCreTOry Of te' Offi ay of and oi�rk�o edgem nt of that fiur rtc¢ive, tl & doy o � B WORDS UNDERLINED ARE ADDITIONS; WORDS DELETIONS. 600K� LL. I AGREEMENT 1, George Vega, an owner or authorized agent for Petitions, PDA -86-17C and PDA -86-18C, agree ..D the, following stipulations, -requested by the Collier County Planning Caaminnion in their public hearing on May 7, 1987. A. Amendment of the the PUD documents incorporating .the - recommeried stipulations per staff report dated M 1, 1987.( ' tv � r ��» �re,.r lin,✓.Il_ SWORN TO AND SUBSCRIBF6 BEFORE MS THIS DAY OP 1987._ n a 0 Q9Ju i�. r �1 � NOTARY y SEAL MY COMMISSION EXPIRES: PDA-86-17C/PAA-86-18C Agreemnt gnat !p!LI[ Sng Mito!loi xOxMo IxfY,4: xllnx jl1 So91 HOCK 027 P1«_ 244 STATE OF FLORIDA COUNTY OF COLLIER 1 I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE 87-53 _ which was adopted by the Board of County Commissioners on the 21st day of July, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of 'July, 1987, JAMES C.GILES �\SStU Clark of Courts-, Cler�C�r'J Ex-officio to iJrd,of•,:'• CountCommisfis7rt•ners. /y !/y/fa •,�i';tz'�s t ; P'Yagr Y', Deputy Clerk`• •.,, ",.': n �a- tom U27r�-,245 N 63 u.r AC ? < AN ORDINANCE A1D?NNDING ORDINANCE 85-21, WHICH iv E11MMSHED THE LELT BAREFOOT BEACH PWD, AS PREVIOUSLY AMENDED BY ORDINANCE 85-83 AND ORDINANCS 87-511 AMENDING SECTION 4.3 MINIM SETBACKS{ M ,AIMXDINC SECTION 12.2. USES PERMITTED, PARAGRAPH B. c TO PERMIT USE OF ACTIVE COMMUNITY RECREATION AM BY DESIGNEES OF OWNERS OF SAID RECREAT10% PARCEL= AMENDING SECTION t6.3 DEEDING OF TRACT M, N AND 0t AHD BY PROVIDING AN EFFECTIVE DATE. u1mreaot an beptember 9, 077, the Basra of County Cosaiasioners approvad Ordinance Number 77-46, which established the tall Barefoot Beach Planned Unit Developamatl and $Msreas,ou Deesmber I7. 1985. the Board of County Cotaissiowrs of Collier County, Florida, approved Ordinance Number 65-836 as July 21, 1937, Ordinatict 37-53, which vended Grdtasaee 77-481 MM, TBRA6FDRB BE IT ORDAINED by the Board of County Comaiasfooers of Collier County, Floridat 6RCTI011 ONE1 Ordinance 85-61. Section 4.1 Minium Setbacks shall be mandid m [ollowns =;r� � 4.3 MIMIM91 SETBACKS rC" co p B A. Lely Balch Boulavardt pone. Portion ofyt?;:} G1 the security gatehouse facility may aatem4„4' Sato and over Laly Batch Boulevard rigbi!ns i way. B. Anguilla Laoat 15-4ash 10 feet. mini .n C. North property l=ast 23 tet. SECTION Mi Ordinance 85-53. Section 12.2 Uses Permitted, Paragraph b shall be mended as foiloust B. Additional Permitted Uses - Tractt Active Carmmity recreation Area any be used for the active recreational facilities (A.$., tennis courts, swimming pools, ate.) for residents living at Lely Beach North and Lely Bench South and much additional desieness as "T be ami es the unarm or Ent Active Covetuntty Recreation Are■ perm , t■ enCClptorm or mal na. we residential structutem may be built in -this tract. Provided maximum impervious surface and other land nee requirstwats are met, this tract me.y also be used to meat the affstrest parking requirements for adjacent residential units Located in Lely Beach North or Ely Basch South tracts. TOOK 031 wtM SECTION SRBEE: Ordinance 85-83, Section 16.1 Deeding of Tract No N sad 0 &halt be amended as follows 16.3 DEEDING OF TRAGI M, N AND 0 Mangrove wtland tracts M, N, and 0 along with their associated opam water bottom lands shall be duded to ehe Beele Collier Conn to ensure uniformity o resource management and protection for the estuarine system of Little Hickory gay. SECTION FOURS This Ordinance shall became affective upon notice that it has been receivad by the Office of the Secretary of State. 1c E7Ft n, DATE BOARD OF COUP41 CONKISSIOKW COLLIER, COUM& FLORIDA .FAMES C: OILES, f].ERX BURT L. SAUNDERS, CHAIRMAII : i. xir4i 1, tx ^i APPROVED, AS TO FORit AND LEGAL SUMCIENCY1 CUTLERThis omMiance flMd w1fh Q,& COLLIER COUNTY ATTD SecMwry• ofe's Oflke ft doy of d,ii.dQl'— and ocknowltdgtrntnl f OxA fiflmg method 1h1 day 0 031w.1218 AGREEMENT I. Richard L. Klass, as owner or authorised agent for Petition PDA -88-7C, agree to the folloring stipulations requested by the Collier County Planning Cosaission in their public hearing on July 7, 1983. n. Ravioe the FUD docuweat to incorporate the requested chmges o�6" into the appropriate sections. ((////jj SWORN 1111TO AND SUBSCRIBED BEFORE FOL THIS ,�? Y�JI �' DA! OF �Q, 1985. _ NOTART ..... ~`:^ SEAL i'::, t ., :ry ::.aa - J rte v.., a+:t t: I>s. vw. •; � t•1 1J :.. FSS CO141ISSI011 WIRES: > '•� .',`. w 1031 PA,., 219 i'DA-88-7C Agresarint Sheet STATE OF FLORIDA 1 (AUNTY OF COLLIER I 1, JAMES C. CILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 88-63 which was adopted by the Board of County Commissioners on the 2nd day of August, 1988, during Regular Session. WITNESS my hand and the official seat of, he Board -of County Commissionors of Collier County, Florida, this 2nd day of August, 1988. JAMES C. GILES Clerk of Courts and Clerkk•+�,�1��1,:j�, Ex -officio to Board of fpx:.• " �� Countyommissioners �,•:, r Bys Vir" ginia Magri a Deputy Clerk i. 031 P1,1220 ORDINANCE NO. 94- 28 iv 2122 AN ORDINANCE AMENDING ORDINANCE NUMBER ?0 77-48, THE LELY BAREFOOT BEACH PUD, AS AMENDED, BY PROVIDING FOR: SECTION ONE WHICH AMENDS SECTION 10.5.4 MINIMUM IAT y YARDS AND SECTION TWO, WHICH PROVIDES AN EFFECTIVE DATE. <68bCt� WHEREAS, on September 9, 1977, the Board at CouAty ,:3 commissioners approved Ordinance Number 71-45, which established the Lely Barefoot Beach Planned Unit Development; and Whoreas, on December 17, 1985, the Board of County Commissioners of Collier County, Florida, approved Ordinance Number 85-83, and on July 21, 1987, Ordinance 87-53, and on August 2, 1988, Ordinance 88-63, all of which amended Ordinance 77-4al NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: MINIMUM LOT YARDS: Subsection 10.5.4.C, Minimum Lot Yards, of Ordinance Number 77-48, as amended, Lely Barefoot Beach Planned Unit Development, in hereby amended to read as follows: 10.5.4.0 Yards which abut an adjoining home site: 7; font or } the building height, whichever is greater,,,, excebt'for Bayfront Gardens xubd1Yia<on, as recorded in P B ,14 Pa 114-117, 13k71 �' Records o{ Collier Cogni'Y• 7� feet. SECTION TWO.: EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has boon filed with the Secretary of State, —1— aou Offipa225 Words It do erlingQ are additions: Words et-rusk-hhreugh are deletions. 9 r� r PASSED AND DULY ADOPTED by the Haard of County Commissioners of Collier County, Florida, this day at f .' 1994. HOARD COUNTY COM;'(I STONERS CO ER COUNTY r F BY CHAIRMAN DWIGHT E. BROCK, CLERK i�iyb, �.L-laAi[fy.xu,a014 j ✓✓✓✓✓A OYEb�'A8 TO FORM AND LEGAL SUFFICIENCY NARJOUIE M. STUDENT ASSISTANT COUNTY ATTORNEY AMENDING ORDTNANCN NO, 77-4S/1gk/11456 -2- 60ax MGFACE226 Thl, ordNenc. nl.d ..rfh er» �K'Nory el a!f'f CHIT GTyk� and a fv r4vod ie ,-thoi dey O. c Words M..jdVZjjnjZA are additions: Words at-ruek-4! ough are deletions, STATE OF FLORIDA COUNTY OF COLLIER I, DWIGHT E. BROCE, Clark of Courts In and for the Twentieth ludiclal Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy ofi Ordinance No. 94-20 which was adopted by the Board of County Commissioners on the 24th day of Hay, 1994, during Regular Session, 14ITWESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of May, 1994, DWIGHT E. BROCK CIerk of Courts and Clerk' .,,•a'l�s �, Ex -officio to Board of County Commissioner. 44 By /s/Maureen myon -'• � Deputy Clerk •,�. '/:Qty= • $Cox fl fi nst 227 WHEREAS, on September 9, 1977, the Boatel of County Commissioners approved Ordinance Number 77-48, which established the Lely Barefoot Beach Planned Unit Development; and Whereas, on December 17, 1885, the Board of County Commissioners of Collier County, Florida, approved Ordinance Number 85-83, and on July 21, 1987, Ordinance 87-53, and on August 2, 1988, Ordinance 88-63, and on May 24, 1994, Ordinance 94-28 all of which amended ordinance 77-48; NOW THEREFORE BE H' ORDAINED BY THE 130ARD OF COUNTY COMMISSIONERS OF COLLIER COUN'T'Y, FLORIDA: SECTION ONE: AMENDMk.N"I'S TO MAXIMUM HEIGIIT SUBSECTION OF LOW DENSITY SINGLE-FAMILY RESIDENTIAL SECTION OF LELY BAREFOOT BEACH PUD. Subsection 3.4.7, Maximum Height, of Section 111, Low Density Single-Fa*pizeviential, of' r-79 — Ordinance Number 77-48, us amended, Lely Barefoot Beach Planned Unit DeveRfmor4ts h&by amended to read as follows: 3.4.7. MAXIMIJM HEIGHT: ou, r �w 44v—Three stories with a maximnrn highest point of roof to be 70 -feel �j�Dc'.rtrcluding dccoralive elements, but excluding chimneys. Whert the firs[ habitable Boor is raised a sufficient height above ground level to permit the undefbuilding area to be used for automobile parking and other utilitarian purposes, that underbuiiding arca shall not be deemed to be a story - SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon reoeipt of notice from the Secretary of State (bat this Ordinance has been filed will) the Secretary of State. ro o ORDINANCE N0. f1l-7 - ti AN ORDINANCE AMENDING ORDINANCE 2gZ[z92`�'p NUMBER 77-48, AS AMENDED, THE I,ELY BAREFOOT BEACH PUD, BY PROVIDING FOR: SECTION ONE WITICI-I AMENDS SECTION 3,43, MAXIMUM IIE1011f, OF SECTION III, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, AND SEC ION TSVO WHICH PROVIDES FOR AN EFFECTIVE DATE. WHEREAS, on September 9, 1977, the Boatel of County Commissioners approved Ordinance Number 77-48, which established the Lely Barefoot Beach Planned Unit Development; and Whereas, on December 17, 1885, the Board of County Commissioners of Collier County, Florida, approved Ordinance Number 85-83, and on July 21, 1987, Ordinance 87-53, and on August 2, 1988, Ordinance 88-63, and on May 24, 1994, Ordinance 94-28 all of which amended ordinance 77-48; NOW THEREFORE BE H' ORDAINED BY THE 130ARD OF COUNTY COMMISSIONERS OF COLLIER COUN'T'Y, FLORIDA: SECTION ONE: AMENDMk.N"I'S TO MAXIMUM HEIGIIT SUBSECTION OF LOW DENSITY SINGLE-FAMILY RESIDENTIAL SECTION OF LELY BAREFOOT BEACH PUD. Subsection 3.4.7, Maximum Height, of Section 111, Low Density Single-Fa*pizeviential, of' r-79 — Ordinance Number 77-48, us amended, Lely Barefoot Beach Planned Unit DeveRfmor4ts h&by amended to read as follows: 3.4.7. MAXIMIJM HEIGHT: ou, r �w 44v—Three stories with a maximnrn highest point of roof to be 70 -feel �j�Dc'.rtrcluding dccoralive elements, but excluding chimneys. Whert the firs[ habitable Boor is raised a sufficient height above ground level to permit the undefbuilding area to be used for automobile parking and other utilitarian purposes, that underbuiiding arca shall not be deemed to be a story - SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon reoeipt of notice from the Secretary of State (bat this Ordinance has been filed will) the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Comfnissimers of Collier County, Florida, this day of - 2001. ATTEST: DWIGHT E. BROCK, CLERK Atte§t as to Chairman's signature on1j. Approved as to Form and Legal Sufficiency: Marjoriq'M. Student Assistant County Attorney g/udmi.ftduoWOrdi.w No. 77- /RN/im BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES - CARTER, Ph.D., CHAIRMAN This nrdinn.ar' . .! with the ,s}. dny of Za9�, and nck^in.ylc"gym-af of that flGng ecnhco-thrsLL day of kVJ (a.nury C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO, 2001-35 Which was adopted by the Board of County Commissioners on the 26th day of June, 2001, during Regular session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2001. r"q Mm DWIGHT E. BROCK p!R Clerk of Courts,and 5 Gx-officio to.Hoard a. county Commissidiiers By: Ellie Hoffman Deputy Clerk " �l ORD INANCE NO. 06-22 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION XV ENTITLED TRACT P UTILITY SITE OF ORDINANCE NUMBER 77-48, AS AMENDED, AND ORDINANCE NUMBER 85-21, AS AMENDED, THE LELY BAREFOOT BEACH PUD CHANGING THE PERMITTED LAND USES ON TRACT J FROM UTILITY OR UTILITARIAN FACILITIES TO SINGLE-FAMILY RESIDENTIAL FOR ONE DWELLING UNIT TOGETHER WITH ACCESSORY USES AND ADDING REGULATIONS FOR MINIMUM LOT AREA, MINIMUM LOT WIDTH, MINIMUM YARDS, MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES, OFF-STREET PARKING, MAXIMUM HEIGHT AND SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS; ADDING EXHIBIT "F" AGREEMENT BY AND BETWEEN THE CONSERVANCY, INC., LELY ESTATES, INC. AND COLLIER COUN'T'Y, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE_ WHEREAS, on September 9, 1977, the Board of County Commissioners approved Ordinance Number 77-48, which established the Lely Barefoot Beach Planned Unit Development; and WHEREAS, on June 4, 1985, the Board of County Cotntnissioners approved Ordinance Number 85-21, which reestablished the Lely Barefoot Beach Planned Unit Development Zoning District while at the same time amended Ordinance Number 77-48; and WHEREAS, subsequent to these dates amendments to the Lely Barefoot Beach Planned Unit Development Zoning District were duly adopted by the Board of County Commissioners; and WHEREAS, Robert Andrea, of Coastal Engineering Consultants, Inc-, representing Lety Development Corporation, petitioned the Board of County Commissioners to titrther amend the Lely Barefoot Beach PUD Ordinance, NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO SECTION XV, UTILITY SITE OF ORDINANCE NUMBER 7748, AS AMENDED, AND ORDINANCE NUMBER 85- 21, AS AMENDED, THE LELY BAREFOOT BEACH PUD Section XV, entitled "Utility Site" of Ordinance Number 77-48, as amended, and Ordinance Number 85-21, as amended the Lely Barefoot Beach PUD, is hereby amended to read i as follows: TRACT J: UT-IL-IT*SI SINGLE FAMILY RESIDENTIAL. DEVELOPMENT Words skaek-threuKh are dele?ed; words undeFNned are udded. Ngiur4 15.1 PURPOSE The purpose of this Section is to establish development regulations for the area designated on Exhibit "A" as Tract 7: Utility Site. Single Family Residential Development. plan IoF its ntilizaten shall be to and eplmsos,ed by die planned improvernervu is appvepFiate; and the! '9 the foodiftes to W .. led ..Y.'_p is 15.2 MAMMUb1 DWELLING UNITS A maximum of one single-family dwelling unit maybe congnanedip this tract. 15.3 USES PERMITTED No building or slruckure or an thereof shall be ere ted altered or used or fund used, in whole or part, for other than the following: A. Principal sm Sinele family residence. B. Aecesso Uses: (1) Custpmary accessruy uses and structures including private garage (2) Signs as permitted by the Land Development Code. 15A REGULATIONS 15AA GENERAL: All yards, setbacks, shall be in relation to home site boundaries All principal and geces&orV structures shall have a Minimum setback of 25 feet from the boundary of any preserve 15.4.2 MINIMUM LOT AREA: 6.000 sq nate feet. 15A.3 MINIMUM LOT WIDTH: Words s' eek ih-.-meg : are detmed; words underlined are added. Page 2 of 4 60 feet. 15.4.4 MINIMUM YARDS: A Yards which abut Lehi Bcach Boutevard: 25 feet, which minimum yard is also an easetncut in which utilities, walkways and the like may be installed. B. Yards yvhich abut Bayfront Drive which extends easterly from Lely Beach Boulevard: 20 feet C. Preserves: All principal and accessory structures shall have a minimum setback of 25 feet from the boundary of any preserve, 15.4.5 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES' A, One story- 1,200 square feet of living area exclusive of ear&>! -e or unenclosed patios, decks or porches B. Two story- 2,000 sunare feet of living arca exclusive of garage or unenclosed patios, decks or omhes C. Tbree story- 2.500 suuare feet of living area exclusive f„gamize or unenclosed patios decks or porches 15.4.6 OFF-STREET PARKING REQUIREMENTS - Two narking Spaces per sinp,J- family residence 15.4.7 MAXIMUM HEIGHT: 'rluee stories with a maximum hi hes point of roof to ba 70 -feet NCVD including decorative elements, but excluding chimneys When the first habitable floor is raised a sufficient height above ground level to permit the under building area to be used for automobile narking and other utilitarian Purposes, that under building area shill not be deemed to be a story. 15.4.8 SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS A. All development in this tract silall be in accord- nce with construction native habitat protection dutie preservation and wetland preservation regulations listed in Section XX B Prior to County approval of any development orders or permits authorizing sitework on Tract J the I Ol acre.poriion of Tract i identified in the Envifonmental hnpact Statement as L^xiubit B dated April 21 2004 with the FLUCFCS Code of 612 - (ror mangroves) and also depicted on the conceptual site phn Shall he split consistent with County refutations and be convoyed in fee simple to the Collier County Board of County Commissioners in such a manner as to ensure the 101 acre section will be Preserved in its natural state allowing: only removal of exotic and ouisauce vegetation C. A South Florida Water Management District pemiil modification to Permit Number 11-00026-5 shall be required prior to issuing any BuiWjn permits for the single rarnily home. Words wiuok thru«g# are deteted: words underlined are added. Pegg 3 n 4 SECTION TWO: AMENDMENTS TO EXHIBITS SECTION Ordinance Number 77-48, as amended, and Ordinance Number 85-21, as amended, are hereby amended to add Exhibit "F", Agreement by and between The Conservancy, Inc., Lely Estates, Inc. and Collier Comrty, Florida dated December 17, 1985. SECTION TFIREE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County rA Commissioners of Collier County, Florida, this a.3_ day of ___ M U -y , 2006. ' ATTEST: `: " DW WIGHT E. BROCK, CLERK Aati? 6fDeputy Clerk tttps,ttary atl. Approved as to form and legal sufficiency Marjorie' . Student -Skirling Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: FRANK HALAS, CHAIRMAN Words sin:rt are deleted; words underlined are added. Page 4 of 4 This ordinance filed wfth thn Secretary Of $tote's Office the rarduy of., and acknowledge ent of t•ot Wing recelveI Phis ?.- e'ay of -s-VI Ila 4 IN THS CIRCUIT COURT OF THE TwENTIET9JUDICIAL CIRCUIT _N .IND FOR COLLIER CoCNTY, FLORIDA THE CONSERVANCY, INC. A Nct-For-Profit Florida Corp., } laintiff, ) 7 2 INC. oration P vs. LELY ESTATES, A Florida Corp AND i COLLIER COUNTY, A political subdivision of the State of Florida, ) Defendants } CASE NP. 85-15'/l-f.:A-Oi AGREEMENT The parties, by and through their undersigned "'-Orneys, hereby agree to the following terms and cenditi❑ns: does not endcrse deveiopincuc 1. Statement. The Plaintiff of the Lely Barefoot Beach coastal barrier habitats nor is i» involved in the planning and development of this site. Fur'ther, Plaintiff's agreements herein contained are solely intended to impacts to coastal barrier habitats reduce adverse environmental and processes as well as to restore those features �amayed by forces of nature and/or human abuse. Other aspects of land use planning and growth management that are within the no r. m=.1 purview number ci unit of governmental review and permitting (e.g., n infrastructure, traffic flaw, hurricane.evaovation, utilities, fire, ete•1, not directly related to natural resources protection, er are expressly left to the responsihility of the Crsta County Board of County Commissioners and their aper❑print, stats. It is ha understood and agreed between the parties th nt Land re co=e , County Commission, atter considering the review and recommender inn Of staff, has the responsibility to deteraine the apnropria'<� number of residential units for tracts Lely Beach North and Lely Beach South. Exhibit F ''i. General Standards for All Undeveloped Areas South of 'Pratt Dj Siil lq e Family Residential). In order to ensure maximal protection of coastal barrier functions and .features, the parties aeretn agree to the specific construction, native habitat pro - taction, dune restoration, and wetland preservation standards for all currently undeveloped areas south of Tract D (Single Family Residential), as set forth in Exhibit A, attached hereto and. incorporated herein. 3. Development Standards for Designated Area of Particular Environmental Concern. The parties agree that an area including and south of the site of the former Little Hickory Pass is an Area of Particular Environmental Concern,(APEC). it is depicted more specifically on Exhibit. B, attachedihereto and incorporated herein, and shall be referred to,as "Active Community Recreation Area, Lely Beach South", and "Passive Community 'Recreation Area" ir, any revised PIanned Unit Development for this project. The APBC, based on island width, past geomorphic features, extent of coverage by native habitats, and the like, was highlighted primarily because of the high potential for adverse developmental impact and, secondarily, because of potential storm danger and unsuitability for intense residential use. Reflective of the - special nature of the APEC, the parties hereby agree to those special land use standards for this area which are attached hereto and incorporated herein as Exhibit C. The parties agree that the reference to the above described lands as an "Area of Particular Environmental Concern" la in no way related to the Area of Critical state Concern or Development of Regional Impact designations of. Chapter 380, Florida Statutes. q. Development Standards for Beachfront Areas and. Mangrove P:-eserves Outside the Area of particular Environmental Concern. The parties agree to the specific percent development coverage standards and certain other appropriate land use,standards for -2- beachfront areas and mangrove preserves outside the Area of particular Environmental Concern. These standards are attached hereto and incorporated herein as Exhibit D. 5. Incorporation of Settlement Standards. The parties agree that land use and environmental standards described in this Agreement and incorporated as Exhibits A, C, and D shall be included in all documents and associated exhibits governing land use within the area legally described as Lely Barefoot Beach. in addition, sufficient text shall be included within any said documents and exhibits governing land use to incorporate these standards into the Collier County review and permitting process. 6- The Conservancy, Inc., Plan Review, and Approval. To enable Plaintiff, The Conservancy, to keep informed abuut the development status of the property known as Lely Barefoot Beach and to ensure consistency with these agreements, Defendant, Lely, irs agents, representatives, successors, assigns, and heirs, does hereby agree that Conceptual Site Plans; Site Development Plans, Fractionalization Plans, water Management Plans, Tree Removal Plans and Landscaping Plans submitted to Collier County shall concurrently be submitted to The Conservancy for its review and approval. Such approval shall not be unreasonably withheld, if The Conservancy has not made written objections within fifteen (151 days of submittal of.any of the Above plans, approval will be presumed. in order to resolve disputes under this Paragraph. 6, as to whether the disapproval is reasonable In light of the agreements, the parties agree to,submit such disputes to binding arbitration by The Conservancy's Board of Directors. Two-thirds (2/31 majority vote of a quorum of said Board is required to sustain the disapproval. It shall be the duty of the Board to meet andarriveat a decision within twenty-fivs (25) days of submission of the dispute. Lely may seek judiciary review only in the event that the deciSionof the Board is arbitrary and capricious. -3- ` 7. Bindinq Nature of P.V.D. Because of the characteristics of tris real estate development and the specific nature of the agreements kierain for settlement and tae associated standards, defendant Lely, :on behalf of itself and its representatives, successors, assigns and heirS, does hereby agree that no changes to the relevant p.0 D. ordinance or associated exhibits (except ... fortheminor changes described below) will Se made without review and written app rov al_by-piaitt�ff.' The ;Conserv-ancy� Such app novel shall not be unreasonably withheld. The parties. agree that minor changes which is no, way affect, directly or indirectly, the enviromaental stipulations and conditions imposed herein, the uses, the location of development corridors Or, the restrictions fixed in the P.V.D. may be made without approval of The Con- servancy although review is still required. g. Standing. .Defendant Lely and, the .County hereby agree that plaintiff shall have standing in any court of. appropriate jurisdiction so as to ensure the development of. properties in accordance with the agreements herein. 9 Notification of Content of Agreements for Settlement. Defendant Lely hereby agrees to notify all future purchasers of lands within the legally described Lely 9aref00t Beach of the. agreements and undertakings Contained in this Agreement and the Exhibits attached hereto prior to any sale. 10. It is specifically affirmed by each signer of this Agreement that he has been duly authorized to execute same on behalf of his client. This Agreement shall be binding upon the parties, their heirs, successors, assigns, agents and representa- tives_ 11. in conNideration of the forec,oing agreements by Collier County and Defendant Lely Estates, Inc., plaintiff hereby stipulates to the dismissal of the above referenced causes of.. SIM 0 0 action with.prejudice and will expedite appropriate documentation to effect same. DATED this _zo, day of �LL�Lf% , 19 VEGA, BRAWN, NICHOLS, STANLEY 6 MARTIN, P.A. 2660 Airpor' oad South '-... Naples, E OY a°- 33962 By: �.. -Ge eqa, Jr., Esqui Attorney for Defendant, el y Estates, Inc. �. DATED this/ day of ATTEST: WILL �). . RE ., Clerk Approved'as to form and legal sufficiency: &,X Burt aunders Col -',ler County Attorney BOARD OF -COUNTY COMMISSIONERS COLLSER A. Pietor, Chazrman G DATED this 471 -- Attorney day of 19 C1 Da W, for The COnS�� - Attorney for The Cons vancy, Ina. 1450 Merrihue Drive Naples, Florida 37942 (613) 262-0304 EXHIBIT`A General standards For All Undeveloped Areas South of Tract D i. Construction standards - a. All construction activities, outside those listed in III d, e, f, and g, undertaken in Lely, Beach Horth, Lely Beach South and the Active Community Recreation Area shall occur landward of the State's established Coastal Construction Control Line (CCCL). b. The special structural requirements designed to protect beachfront buildings from storm tides or wave damage, incorporated in the state of Florida approvedprotectivecovenants for Lely 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. C. There shall be no hardening of either the Gulf or Bay shoreline (e.g. seawalls, groins, riprap). Any shoreline stabilizations shall take place utilizing the planting of native vegetation and/or the replacement of sand lost due to erosion. d. structures shall be clustered in order to retain large open space areas for native habitat retention/restoration and to keep open corridors for potential storm surge and island breachment. e. All available under -buildings areas (i.e:, areas not required for stairwells, pilings, ate.) shall be utilized in meeting County parking requirements. At a minimum, 70%._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. g. The water management system shall be designed with no direct runoff to the dune at wetland zone. Storm waters shall be directed toward the center of the development areasforpercolation and treatment in roadside swales and the like. If deemed necessary, spreader swales may be constructed in open upland areas adjacent to wetlands provided their construction does not result in the loss of native habitats. "II. Native Habitat Protection and Restoration Standards a. The entire site (Snc lading development, recreation, preservation, open space, and dune restoration areas) shall be cleared of all exotics and be maintained exotic free by the developer or homeowner association. b. Buildings, parking lots; and other associated development facilities shall be located in development corridors characterized by exotic species or open and devoid of established native plant communities. Facilities are to be -sighted outside the designated preservation and sensitive vegetation areas to avoid the clearing of 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 he transplanted to open areas within the development tracts or to the preserve or sensitive vegetation areas. c. Extensive open space areas between residential unit clusters and other development facilities shall be landscaped with retainedand replicate natural species distribution. Where native dune species exist, they shall be retained or transplanted prior to grading and - _replanted thereafter. - - h. 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 County Natural Resources Management Department. IV. Standards Cor Wetland Preservation Zone -a. Al ur sdictiona- wetlands located outside of Tracts M, N, and O are considered to be be a part at the wetland preservation zone. This designation highlights the Importance of these wetlands and the need for j their strict preservation. b. Trimming and pruning of Live plants within the zone prohibited without first obtaining appropriate Federal, State, and county approval. c. No land modifications or ..structures are permitted within this zone other than nature trails and boardwalks. Retreat Soli Area Norrlj:. - (Lely Beach. North 4366:00' 54°53'19" South TractLine)- r/ EXHIBIT B - AREA OF PARTICULAR ENV y.. . .1 . --------_.....-_ � I _ I Of T aez Lines 'IELY i rn.c, ,1 - .-TAACT BEACH NORTH'—.) . •W pp u�� - y.. . .1 . --------_.....-_ � I _ Numerical Descriptions Of T aez Lines 'IELY � - .-TAACT BEACH NORTH'—.) . Distance From :South. - - I ' Tract Line or Property Line Along, Ceas Construction Angle Between coastal Corridor Line tal Coattol " - Construction Control Line-- Line $ad�ine -� Area of Particular. Environmental Concern" Horth Bmundak, . 4966.00' 646531l9r` ---_South Boundary- ------Q"--Y-----'.----- DC -4 South DC -4 North X552.00'x' 98°09'19"------- 2 DC -3 South r iA51.00' 92045'22" _ 159°00 DC -3 North 1'379:06' 69°33'0$" 56435'44" 372°42'-- . BC -2 South 1570.00'- I0' i11'44« - - DC -2 North ' 1812.00' DC --'1 South " 3117.00' - 116°17'3$" - - 81°28`541' Detail of Lel DC -1 North' North r (LelyBTaeh South 3960.00'. _ 25029'24" - EXHIBIT C I. Residential Development Areas ! 'Recreation Areas i Preservation Areas a. The Area of Particular Environmental concern is divided into discrete development areas, recreation .-areas, and preservation areas as depicted on Exhibit B and referenced and legally described on the revised PUD exhibits. b. Development and recreational notivites are bounded by state ccm to the west and the wetland jurisdiction line to the east. C. All residential development activity shall be restricted to designated development corridors (DC -1, DC -2, Dc -3,. DC -4). d. No development activities- other than nature trails and the construction. of Lely Beach Boulevard are permitted in designated preservation areas. e. The Active Community Recreation Area is located at the site of the 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 during a major coastal storm. Active community recreation facilities (e.g, pools, tennis eburtal are permitted in the designated Active Community Recreation Area provided all other land use standards are met. f. Former Tract L shall only be used as a -Passive Community Recreation Area due to its environmental sensitivity and unsuitability ,for use. Only limited recreational facilities can be constructed in open or low plant cover corridors and with the maximum coverage stipulated herein. g. Development corridors are to be developed as unified projects and shall not be fractionalized. It. Residential Units aa. Total units in the Area of Particular Environmental Concern - 0 to 97 units (final number of units within this range to be dictated by the Board of County Commissibners following review and recommendation by professional staff). ' b. Maximum unit distribution - A maximum of 50, 15,-12, and 10 residential units are allowed in development corridors DC -1, DC -2, DC -3, and DC -4 respectively. This maximum number may not be increased. c. Residential units may be transferred to Tracts H and I. d. No residential units, recreational structures or related facilities are allowed,in designated preservation areas. -- e. No residential units are allowed in either the passive or active community recreation areas (although parking for -adjoining development areas permitted in Active Community Recreation Area provided all other standards are met). ILY. Percent Develo ment Coverage a. T e development coverage (buildings, parking lots, roadways EXHISZT D I - Residential DevelOpmenC AxP-a9 f oens,.c,.vc vcucwa a. Residential develoQment co accuc in designated areas on both sides of Lely Beach Boulevard, b. All development activities to be bounded an the west by the state CCCL and an the east by the wetland jurisdiction line. C. Areas of dense native plant cover considered as sensitive. vegetation areas to be worked around and incorporated as retained natural ground, cover in required 'yards and open space. II. Besidential Units a. Total number of residential beachfront units south of Tract D and outside the Areaof particular Environmental Concern - 0 to 391 (final number of units within this range to be dictated by the,Board of County Commissioners following review and recommendation by their professional staff). b. Unit distribution - Of the €inal.number of units to be built at this .location, .20 percent will be constructed east of Lely Beach Boulevard. - c. Unit transfer - If desired units may be transferred to Tracts H or i. 112. Percents a Devele mel Covera e a. a evelopment coverage fe.g. buildings, parking lots, roadways) to bestrictlylimited. b. Total development coverage is to be measured by impervious surfaces and liberally construed to reflect all development related alteration of natural surfaces. . The development coverage shall be calculated as a percentage of the potential development area located between the State CCCL to the west and the wetland 'Jurisdiction Line to the east; excluding the required land for Lely Beach Boulevard and its associatedrightof way. C. Development coverage data, as measured by the total coverage of impervious surfaces, and all numbers and calculations, used to obtain that data shall be submitted to County staff along with other detalled construction statistics at timeof final site plan review. d. The maximum development coverage Of beachfront residential areas south of Tract D and outside the Area of,Particular Environmental Concern (Tract "Lely Beach North") shall be 40 percent. IV. peedino of Manqrovs PYe9eryes a. The mangrove preservas-depictsd as Tracts M, N, and O on the original and current master plans, 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. other than Lely Beach Boulevard) within the Area of Particular Environmental Concern is to be strictly limited. b. Total development- coverage is to be measured by Impervious surfaces -.and liberally -construed to—reflect -all development -related alteration... of natural cover. .The development coverage. shall he calculated as a percentage-cf-the .potential development area located within each designated corridor -between the state CCCL line to the west and the wetland jurisdiction line to the east, excluding the required land ..Ear_Lely_.Beach..Boulevard-and.Its .associated .. rightof.. way.::.. - .____-.c. The development coverage data, as measured by, the total coverage of impervious surfaces, and all numbers and calculations Used. to obtain that data shall be submittedtoCounty staff .&,,long with other detailed construction statistics at time of final:sits pian review. - -d. The maximum development coverage of lands within the Area of Particular Environmental Concern shall be as follows: Active Community Recreation Area - 40 B; DC -1 - 59. L;'DC-2 - 50 a; DC73 - 45 4; DC -4 -735 is passive Community'RecreatAOd Aisa =-10 t.-` .. STATE OF FLORIDA) C0UNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-22 Which was adopted by the Board of County Commissioners on the 23rd day of May, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of May, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to Board of County Commissioners Cy- Teresa 111a 0Y, Deputy Clerk 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 91- 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 UGI 68 45 DC -2 15 -Underlined text is added; Steeek 4eog4 text is deleted. Page I of 2 Let) flarefoot reach: PUDA�PI.2009-742 Rev. 2107111 2 �pR ORDINANCE NO, 11 - 04 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. 7748, THE LELY BAREFOOT BEACH PLANNED UNi'1'. 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 -1 OF LELY BAREFOOT BEACH SOUTH BY 1.5 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 91- 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 UGI 68 45 DC -2 15 -Underlined text is added; Steeek 4eog4 text is deleted. Page I of 2 Let) flarefoot reach: PUDA�PI.2009-742 Rev. 2107111 DC -3 12 DC -4 10 TOTAL W 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, There will be no additional impact to open space or preserve areas There will be no increase in the overall number of units within the deve(opment_The open space requirement does not apply to buildable lots There will be no additional encroachment to natural resources beyond what is permitted by this PUD and an..existing settlement agreement with the Conservancy of Southwest Florida. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this *22- day of a"A 2011. ATTEST; DWI.OHT E. BROCK, CLERK Demiq Clerk ` AE�esg' AS to ChalmW 1 Approved as to form and legal sufficiency: Steven T. Williams 54 7 o Assistant County Attorney � cP1i o -CPS -01050126 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _ �r I FRED W. COYLE, Chatrtttan This ordinance filed with the Se a ory o4 fate's Office the. �1 y a of and acknowlpdnernent o that filing receivedhis t-_ r day of -.th—z-r ( . a paperyGMrk Underlined text is added; SFaekfhrengh text is deleted. Page 2 of 2 Ixhy Barefoot Beach f I'UDA�111.2009-742 Re, 2A)7l11 STATE OF FLORIDA) COUNTY OF COLLIER) 1, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011-04 Which was adopted by the Board of County Commissioners on the 22nd day of February, 2011, during Regular Session. WITNESS my hand and the official seal of the Hoard of County Commissioners of Collier County, Florida, this 25th day of February, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to Board of County Commissioners By: Teresa r�61aski,,, Deputy Clerk. � ti. tt =r '� �'�. !. � _ �„ � f �`. �� _ . , �- � ;` --�- ruxxio anir onnoomw� pw� uwow,rnr xrvro.n .,e„m.�.im. .,�..�,-.,o,...�.., �,: .......... -.. - 4 _ _ -` .� - - _.. � ti—a �, � - � -� _ _