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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. w) ", ; I "1 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 ~~ 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 :1- -;-- " . ... IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT !N AND FOR COLLIER COUNTY, FLORIDA THE CONSERVANCY, INC. A Not-For-Profit Florida Corp. , ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) .' 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 ." e e '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 -2- ", It . ./ 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. -:3- r - 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. . . . 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 -4- . e / 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. . ~ /J ~. .I?ATED this/,.1-- day of~, 19.Y-J--. ...........\ BOARD OF COUNTY CO~~ISSIONERS COLLIER C ?NTY,. F,LORID~) I __.~ . '\.' /<ri.3t~ A. Pistor, Chairman ~tf. - Approved"as to form and legal sufficiency: y~~ F~ Burt L.Sau.n ers . Co1~ier County Attorney DATED this ~ day of ~. . ....- 19J'""" Rynders, - Esq Attorney for The Cons Inc. 1450 Merrihue Drive Naples, Florida 33942 (813) 262-0304 -5- e . 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 _.___.w,.~,...... ., - 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. --.tltll::ltltltltltl r I: 1(. I( I( 1(1( I( I( I( , ...--........,.;.NN-WW..z:...p. t'< ,. b> ~ g> ~ g> ~ g'~ g' ~ III ... r:: '1 r:: ... c: '1 r:: IPJnr:"nnrtnr1'rt , n :r':r':r':r':r' :r':r':r' , ::r t Cf). , 0 . r:: rT :r' W.'. If) '" o O. o I I , I ItrI Z 10 0 Ir:: '1 I". ,.,. I:r' :r' I I al' . b> 10 0 I c: r:: l:l :l I,," "" 1'11>" II> . I... .., 1'<. '< I . I I , I I I I W_~_t:-:"'to-:'.~'.". " f... ..... 0) lJ1-loJ ...... Q) l.n I ..... ..... ......, '-J In ....., ~ " .....NO\O....\ON.I . . . .... . . ,- ggggggg I g ------.-, I..... "Cf) '0 Ie: IrT .:>'": I ,." 1'1 10 rtl lID ,... If"t I'< J 1['"' .... l:l ...... .- IfD OO...........t.n0' \Ol"O .......... 0\ """0"+ 000\0 N(O I ~ oOOOOOCllf . ~~:::~~~~ r ~ -------1 lI>W-l>o-l>oONWI ~\.n"c..~Q:)N\01 :::::::1 I I I I I I I N ..,. o N '" '''' -l>o tl III rT W II> ..... ... N .... 0 Z .r:- '0 0 N .... ... .... - lI> f"t w :r'[,", 0 .-JI!- 0 0 N .r:- ,. ..._. W Q\ Q\ .... .." l'1> P '1 <: IV, ...JlI ... o 0 :l .... S Ill.'" :l"1I> f"t '1 III f"t .... .... n nr:: o .... . . :l'1I> . n '1 /D' .... ='; nt-l o '1 '1 JlI. tin ..... f"t' llo o ['"' .... ... ::I. t'"'tD ..... :l 0 /D ti gg:r~ :l III 0 CII "0'<:1" ....." tD. II> o III ... :l ~..... rt 0' '<tD t'"'n' "'Ot'"''''1 :l ::I ... ... tD0:l0. .... ID. S . ~ >cn n .... O. .... 0 C : b',gg.. . . '.::1. . ~g~ ::I ::I 011 tD 0 I-' " tD ~ 2 tll llontD t-lll~ ... 0 tD III :l tD n :l ..... n on t'"'::l0 .......11> ::I '1 OJ /D 0 f"t 1-'11> .... ! .~._. 1 -i :u )0. n -i . . r-. m r- oo( (JJ m )0 n :t z o :u -I ~ r:}.: II> n n. t'"' .... ::l tD CII .'" o~ '!l m X - ;!; ~) r~ -J> .J) i il I r .:! i I ,....:<l cnr/l> o ell tl c ...... t1 ! f"t Yo f1) :r' 01' txl'rT t-l tD ... ' 11 ~ 0 I ~ n ':;'. I 'n:r' J f"t ;po I z.... : ['"'';).11>'' ...... ..., A). r :l f"t " tD:r'Z ......., 0.. ... rT '~,. .r:- w '" Q\ g. .~ o lI> W ~. '. . . . 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 . .... e . <' "f 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. , '.~' . . . . 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 '~' " '" ,/ ,",-, . ',,> "',J ,. " ,'-'/ .'" ",' " ~ ..... ' :.,. I ( " ~ '. "". ',\ '.t-.,' ...