Ordinance 2006-22
ORDINANCE NO. 06-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING SECTION XV ENTITLED TRACT J:
UTILITY SITE OF ORDINANCE NUMBER 77-48, AS
AMENDED, AND ORDINANCE NUMBER 85-21, AS
AMENDED, THE LEL Y BAREFOOT BEACH PUD
CHANGING THE PERMITTED LAND USES ON
TRACT J FROM UTILITY OR UTILIT ARIAN
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
ENVIRONMENT AL PROTECTION REGULATIONS;
ADDING EXHIBIT "F" AGREEMENT BY AND
BETWEEN THE CONSERVANCY, INC., LEL Y
ESTATES, INC. AND COLLIER COUNTY, FLORIDA;
AND BY PROVIDING AN EFFECTIVE DATE.
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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 Commissioners 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 Lely
Development Corporation, petitioned the Board of County Commissioners to further 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 77-48, AS AMENDED, AND ORDINANCE NUMBER 85-
21, AS AMENDED, THE LEL Y 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
as follows:
TRACT J: UTILITY SITE SINGLE FAMILY RESIDENTIAL DEVELOPMENT
Words stmel. thrsl:Igk are deleted; words underlined are added.
Page I of 4
15.1 PURPOSE
The purpose of this Section is to establish development regulations for the area
designated on Exhibit "A" as Tract J: Utility Site. Single Family Residential
Development.
15.2 USES PERM:ITTED
No huildiag or stmotlHe, or part thereof, shall be erected, altered, or used, or land
used, in whole or part, for other than the following:
A
4. ...~
Prinoipal Uses:
(I) Utilitarian faeilities sueh as grounds maiatenanoe equipment storage;
utility pwnping stations; "vater storage ttlfl:l(; vehioular parking; or
similar project serving faeilities. Prior to utilization of Traet J, the
plan for its utilization shall he submitted to and approved by the
appropriate Collier County agencies, whieh shall insure that the
plar.ned uses are appropriate on the site; that the looation of the
plar.ned impro',ements is appropriate; and that if the faoilities to be
installed 'lIarrant sereening, the neoessary fencing and/or landsoaping
is installed.
15.2 MAXIMUM DWELLING UNITS
A maximum of one single-family dwelling unit may be constructed in this tract.
15.3 USES PERMITTED
No building or structure. or part thereof. shall be erected. altered. or used. or land
used. in whole or part. for other than the following:
A. Principal Uses:
Single family residence.
B. Accessory Uses:
(1) Customary accessory uses and structures including private garage.
(2) Signs as permitted by the Land Development Code.
15.4 REGULATIONS
15.4.1
GENERAL:
All yards. setbacks. shall be in relation to home site boundaries. All principal
and accessory structures shall have a minimum setback of 25 feet from the
boundary of any preserve.
15.4.2
MINIMUM LOT AREA:
6.000 square feet.
15.4.3
MINIMUM LOT WIDTH:
Words struel. thr-ol:lgk are deleted; words underlined are added.
Page 2 of 4
15.4.4
60 feet.
MINIMUM YARDS:
15.4.5
A. Yards which abut Lely Beach Boulevard: 25 feet. which minimum yard
is also an easement in which utilities. walkways. and the like may be
installed.
B. Yards which 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.
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES:
15.4.6
15.4.7
A. One story- 1.200 square feet of living area. exclusive of garage or
unenclosed patios. decks or porches.
B. Two story- 2.000 square feet of living area exclusive of garage or
unenclosed patios. decks or porches.
C. Three storv- 2.500 square feet of living area exclusive of garage or
unenclosed patios. decks or porches.
OFF -STREET PARKING REQUIREMENTS:
Two parking spaces per single family residence.
MAXIMUM HEIGHT:
15.4.8
Three stories with a maximum highest point of roof to be 70-feet NGVD
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 parking and other utilitarian
purposes, that under building area shall not be deemed to be a story.
SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
A. All development in this tract shall be in accordance with construction.
native habitat protection. dune preservation and wetland preservation
regulations listed in Section XX.
B. Prior to County approval of any development orders or permits
authorizing site work on Tract J. the 1.01 acre portion of Tract J
identified in the Environmental Impact Statement as Exhibit B dated
April 21. 2004 with the FLUCFCS Code of612 - (for mangroves), and
also depicted on the conceptual site plan, shall be split consistent with
County regulations and be conveyed in fee simple to the Collier
County Board of County Commissioners in such a manner as to ensure
the 1.01 acre section will be preserved in its natural state allowing only
removal of exotic and nuisance vegetation.
C. A South Florida Water Management District permit modification to
Permit Number 11-00026-5 shall be required prior to issuing any
building permits for the single family home.
Words strl:l0k thrsl:Igh are deleted; words underlined are added.
Page 3 of 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 County, Florida dated December 17, 1985.
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
,.JJ
Commissioners of Collier County, Florida, this d3 day of f'^ Cl Y , 2006.
A TTEST.;:~',~'...: .
DW~OHT E. BRqCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY: ~~
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency
-'~~/m ~ld-/J;t~~.
Marjoriei . Student-Stirling ~
Assistant County Attorney
Words stnlek t-kfOl:Igk are deleted; words underlined are added.
This ordinance filed with the
Secretary of State's Office the
~dayof~, ~
and ocknowledge~ent .~thot
filing received this ~ day
Of~tJ,-.~~(
~ ~ lA.-.
Deputy Cle,k
Page 4 of 4
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT !N AND
FOR COLLIER COUNTY, FLORIDA
THE CONSERVANCY, INC.
A Not-For-Profit Florida Corp. ,
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plaintiff,
V5.
CASE NO. BS-1S71-CA-Ol
LELY ESTATES, INC.
A Florida Corporation
AND
COLLIER COUNTY,
A political subdivision of the
State of Florida,
Defendants
AGREEMENT
The parties, by and through their unders ignc~d a1: torneys ,
hereby agree to the following terms and conditions:
1.. Statement. The plaintiff does not endorse develot:'mellt:
of the Lely Barefoot Beach coastal barrier habitats nor i~ i~
involved in the planning and development of this site. Fu=ther,
Plaintiff'S agreements herein contained are solely intended t.el
reduce adverse environmental impacts to coastal bart"i.er habitats
and processes as well as to restore those features flama(jed by
forces of nature and/or human abuse. other aspects of land use
planning and growth management that are within the nornlttl purview
of governmenta~ review and permitting (e. g., number of ulii t.:;,
infrastructure, traffic flow, hurricane .evacuation, ~tilities,
fire, etc.)r ?ot directly relate~ to natural resources ~rotection,
are expressly left to the responsibility of the Collier county
Board of County commissioners and their a?propriate stafi.
It is
understood and agreed between the parties that the-D8f~~d~nt,
county commission, after considering the review and recommendation
of staff, has the responsibility to oete~mine the appropriar.~
number ':It residential units for tracts Lely Beach North a:1c Lely
Beach South.
Exhibit F
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'2. General Standards for All Undeveloped Areas South of
Tract: D_~~ingle Family Residential}. In order to ensure maximal
prot~ctio~ of coastal barrier functions and features, the parties
;lereto agree to the sl?ecific construction, native habitat pro-
tection, 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
Araa of Particular Environmental.Concern.(APEC}. It is depicted
more specifically on Exhibit. B, attached ,hereto and incorporated
herein, and shall be referred to .as " Actiive Community Recreation
Area, Lely Beach South", and "Passive Community Recreation Area"
i~ any revised Planned Unit Development for this project. The
APEC, 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 ~re attached hereto
I
and incorporated herein as Exhibit C.The ~arties agree that the
reference to the above described lands as an "Area of Particular'
Environmental Concern" is in no way related to the Area of Critical
State Concern .or Development of Regional Impact designations of
Chapter 380, Florida Statutes.
4. Development Standards for Beachfront Areas and Mangrove
P:=eserv'~s Outside the Area of Particular Environmental Concern.
The parties agree to the specific Percent development coverage
standards and certain other appropriate land us~ standards for
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./ b~achfront areas and mangrove preserves outside the Area of
Particular Environmental Concern. These standards are attached
hereto and incorporated herein as Exhibit D.
5. Incor~oration of Sett~ement Standards. The parties agree
that land use and environmental standards described in this
Agreement and incorporated as Exhibits A, C, and 0 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 incorpora~e these standards into
the Collier County r~view and permitting process.
6. The Conservancy, Inc., Plan Review and Approval. To
enable Plaintiff, The Conservancy, to keep informed about the
development status of the property known as Lely Barefoot Beach
and to ensure consistency with these agreements, Defendant, Lely,
it:s agents, representatives, successors, assigns, and heirs, does
r
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 unreasonab~y withheld. If
The Conservancy has not mad~ written objections within fifteen
(lSl days of submittal of any of. the above plans, approval will
be presumed. In order to resolve disputes under th.is 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
(2/3) majority vote of a quorum of said Board is required to
sustain the disapproval. It shall be the duty of the Board to
meet and arrive at a decision within twenty-five (25) days of
submission of the dispute. Lely may seek judiciary review only
in the event that the deci~ion of the Board is arbitrary and
capricious.
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7.
Binding Nature of P.D.D. Because of the characteristics
of this real estate development and the speci'fic nature of the
agreements lierein for settlement and the associated standards,
defendant Lely,onbehalf of itself and its representatives,
successors, assigns and heirs, does hereby agree that nc changes
to the relevant P.U.D. ordinance or associated exhibits (except
for the minor chariges described below) will be made without review
and wr.itten approvalby:p.1ai.ntiff, The ~Consery.ancy. . .Su.ch .appr:o;val
shall not be unreasonably withheld. The parties. agree that minor
changes which is no way affect, directly or indirectly, the
environmental stipulations and conditions imposed herein, the
uses, the loc~tion of development corridors or the restrictions
fixed in the P.U.D. may be made without approval of The Con-
servancy although review is still required.
B. 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
accordanc,e with the agreements herein.
9. Notification of Content of Aqreements for Settlement.
Defendant Lely hereby agrees to notify all future 'purchasers of
lands within the' legally described Lely Barefoot Beach of the
agieemen~s 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 sa.!ne on
behalf of his client.
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This Agreement shall be binding upon the
parties, their heirs, successors, assigns, agents and r~presenta-
tives.
11. In con~ioeration Qf the fore~oing agreements by Collier
County and Defendant Lely Estates, Inc., Plaintiff hereby
stipulates to the dismissal of the above referencec causes of
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action with prejudice and will expedite appropriate documentation
to effect same.
DATED thiS'~ day of ~ ' 19 8'S.
VEGA, BROWN, NICHOLS, STANLEY
& MARTIN, P.A.
26~0 Airpor oad South
Na.'p1es, or iF' 33'"'962
(al3) 774- 33
By:' .N
.Ge Vega, Jr.,
Attorney for Defendant,
Estates, Inc.
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.I?ATED this/,.1-- day of~, 19.Y-J--.
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BOARD OF COUNTY CO~~ISSIONERS
COLLIER C ?NTY,. F,LORID~) I __.~
. '\.' /<ri.3t~
A. Pistor, Chairman
~tf.
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Approved"as to form and
legal sufficiency:
y~~ F~
Burt L.Sau.n ers .
Co1~ier County Attorney
DATED this ~ day of ~.
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19J'"""
Rynders, - Esq
Attorney for The Cons Inc.
1450 Merrihue Drive
Naples, Florida 33942
(813) 262-0304
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EXHIBIT-A
General Standards For All Undeveloped Areas South Of TractD
I. Construction Standards .
a. All construction activities, outside those listed in III 'd, e,
f, andg,undertaken in Lely Beach North, 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 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 standard~ which offer the
highest level of protection to resideJlts shall apply. .
c. There shall be no hardenlngof 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, etc.) snaIl be utilized in meeting County
parking requirements. At a minimum, 30\ of required paved parking
spaces shall occur under the buildings. .
f. 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 or wetland zone. Storm waters shall be directed'
toward the center of the development areas for percolation and treatment
in roadside swales and the like. If deemed necessary, spreader swales
may be constructed in open upland areas adjacent to wetlands provided
. their construction does not result in the loss of native habitats. .
'11. Native Habitat Protection and Restoration Standards
a. The entire site (including 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 be transplanted to open areas
within the development tracts or to the preserve or sensitive vegetation
areas.
c.
other
Extensive open space areas between. residential unit clusters and
development facilities shall be landscaped with retained and
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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 vriorto construction by the County Natural Resources
Management Department.
IV. Standards For Wetland Preservation Zone
.a. All jurisdictional wetlands located outside of Tracts M, N, and
o are considered to be be a part of the wetland preservation zone. This
designation highlights the importance of these wetlands and the need for
their strict preservation.
b. Trinuning 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.
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EXHU;IIT C
Development Standards For Area Of Particular Environmental
Concern ~Master Plan Tracts "Active Community Recreation
, Area I,' "Lely Beach. Southll and IIPassive Community
Recreation Area") . .
I. Residential Development Areas I 'Recreation Areas I Preservation
Areas
a. The Area of Particular Environmen~al 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 recreationalactivites are bounded by State CCCL
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-J, 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 law eleva~ionresult in a high potential for island breachment
during a major coastal storm. Active comm~nity recreationfacllities
(e.g. pools, tennis courts I are permitted in the designated Active
CommUnity Recreation Area provided all other land use standards are met.
f. Former Tract LShal! 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.
II. Residential Units
a. Total number of 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 Commissioners folloWing review and
recommendation by professional staff). '
b. Maximum unit distribution A maximwn of 60, 15, 12, and 10'
residential units are allowed in development corridors DC-I, DC-2, DC-3,
and DC-4 respectively. This maximwn 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
standard~ are met).
III. Percent Development Coveraqe
a. The development coverage (buildings, parking lots, roadways
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EXHIBIT D
Development Standards For Residential Beachftont Develo~ent
Areas And Manqrove Preserves outside Area Of Particular
Envirorunental Concern (Revised Master plan Tracts "Le1v
,Beach North", "M", "NIt, and "0")
I. Residential Development Areas I Sensitive Vegetation Areas
a. Residential development to occur in designated areas on both
sides of Lely 13each Boulevard.'.'
b. All development activities to be bounded on the west by the
State CCCL and on 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 reta~ned
natural ground cover in required yards and open space.
III. PercentaQe Development Coveraqe
a. The development coverage (e.g. buildings, parking lots, .
roadways) to'be strictly limited~
b. Total development coverage is to be measured by impervious
,surfaces and liberally construed to reflect all development related
,alterationof 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 LelyBeach Boulevard and its
associated right of way. .
c. Development coverage data, as measured by the. total coverage
of impervious surfaces, and all nwnbers and calculations, used to obtain
that data shall be submitted to county staff along with other detailed'
construction statistics at time of 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. Deeding of Mangrove Preserves
a. The mangrove preserves depicted as Tracts H, N, and 0 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.
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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
surf aces.. and liberally. .. construed.. to ...ref lect : .al1.. development,..rela ted
alteration.. of natural' 'cover. . The .developmentcoverage. shall be
calculated a$ a percentage.of_xhepotential development area located
within each design~ted corridor. between the State CCCL line to the west
and the' wetland jurisdiction line to the east, excluding the re~uired
land,.foI:-Lely__Beach..Bouleuard...and. Lts. associated...r.1qht; oJ;..way. ", '. ~..~.
.: "-,.:..:0. 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 submit.tedto County staff along with oth!'lr
detailed construction statistics at time'of final site pl,an review. .
d. The maximum development coverage of lands within the Area of
Particular Environmental Concern shall be as follows: Active community
Recreation Area - 40 %; DC-l - 50 \;'DC-2 - 50 \; DC-3 - 45 \; DC-4 "':' 35
\; Passive Communi:tY~Recteat.i,ori'Area''':'10 \. .... '.'. "':. ..:...,:. V.'
i
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 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
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