Ordinance 2019-44 ORDINANCE NO. 19 - 44
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 85-83, AN ORDINANCE
AMENDING NO. 85-21, WHICH AMENDED NO. 77-48, THE
LELY BAREFOOT BEACH PLANNED UNIT
DEVELOPMENT (PUD); BY AMENDING SECTION III,
PLATTED LELY BAREFOOT BEACH UNIT #1 BLOCKS A
THROUGH K, LOW DENSITY SINGLE FAMILY
RESIDENTIAL, TO CLARIFY THAT THE REPLAT OF
BLOCK E KNOWN AS PLATTED BAREFOOT ESTATES
REMAINS PART OF THIS SECTION; BY AMENDING
SECTION 9.4.7 MAXIMUM HEIGHT FOR TRACT D TO
INCREASE THE HEIGHT FROM TWO STORIES ABOVE
MINIMUM BASE FLOOD ELEVATION TO THREE
HABITABLE FLOORS; AND BY PROVIDING AN
EFFECTIVE DATE. THE SUBJECT PROPERTY KNOWN
AS THE BAREFOOT ESTATES SUBDIVISION AND LELY
BAREFOOT BEACH UNIT TWO SUBDIVISION IS
LOCATED SOUTH OF BONITA BEACH ROAD IN SECTION
6, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER
COUNTY, FLORIDA. [PL20190001138]
WHEREAS, on September 27, 1977, the Board of County Commissioners adopted
Ordinance No. 77-48, which established the Lely Barefoot Beach Planned Unit Development
("PUD");and
WHEREAS,the Board has subsequently approved multiple amendments of the PUD; and
WHEREAS, Sarah Spector, 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 III PLATTED LELY BAREFOOT
BEACH UNIT #1 BLOCKS A THROUGH K, LOW DENSITY
SINGLE FAMILY RESIDENTIAL OF LELY BAREFOOT BEACH
PUD TO CLARIFY THAT THE REPLAT OF BLOCK E IS
INCLUDED IN THIS SECTION.
Section III, Platted Lely Barefoot Beach Unit #1 Blocks A Through K, Low Density
Single Family Residential, of Ordinance Number 77-48, as amended, Lely Barefoot Beach
[19-CPS-01916/1511874/1168 Underlined text is added;Struck through text is deleted.
Lely Barefoot Beach
PUDA-PL20190001138
Page 1 of 3
12/6/2019
Planned Unit Development is hereby amended to read as follows:
SECTION III
PLATTED LELY BAREFOOT BEACH UNIT#1
BLOCKS A through K
INCLUDING PLATTED BAREFOOT ESTATES
LOW DENSITY SINGLE FAMILY RESIDENTIAL
3.1 PURPOSE
The purpose of this Section is to set forth development regulations applicable to
Platted Lely Barefoot Beach Unit#1, Blocks A through K, including platted
Barefoot Estates.
3.2 MAXIMUM DWELLING UNITS
A maximum of 106 single family homesites may be constructed within platted
Lely Barefoot Beach Unit#1, Blocks A through K, including platted Barefoot
Estates.
*********
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 of Florida approved
protective covenants for the Lely Barefoot Beach project as contained in Coastal
Setback Line Variance #74-75-V40. These construction standards shall be
applicable to all residences developed in Block A through K of Platted Lely
Barefoot Beach Unit#1 including platted Barefoot Estates.
SECTION TWO: AMENDMENT TO MAXIMUM HEIGHT SUBSECTION OF
TRACT D, LOW DENSITY SINGLE FAMILY RESIDENTIAL
DEVELOPMENT SECTION OF LELY BAREFOOT BEACH PUD.
Subsection 9.4.7, Maximum Height, of Section IX, Tract D, Low Density Single Family
Residential Development, of Ordinance Number 77-48, as amended, Lely Barefoot Beach
Planned Unit Development is hereby amended to read as follows:
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
[19-CPS-01916/1511874/1168 Underlined text is added;Struck through text is deleted.
Lely Barefoot Beach
PUDA-PL20190001138 Page 2 of 3
12/6/2019
above ground level to permit the undcrbuilding area to be used for automobile
to be a story. Three habitable floors, with the option of having one floor of
parking and associated non-habitable utilitarian space beneath the first habitable
floor. The maximum actual height is limited to 70 feet, including decorative
elements, but excluding chimneys.
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 /CIA day of bt u.,-,11,4_.K , 2019.
ATTEST: ,,� �, BOARD OF COUNTY COMMISSIONERS
CRYSIA K.:'9KINZ.,EL, CLERK COLLIER COAir , FLORIDA
••;.,' - i':--- , .. -r.i.,.. 6e)
'. -02460u:', ''''v — ' • ' ' !sr_ OA
" r,,,`-• }. h .. ,De y Clerk W./iam L. McDaniel, Jr., Chairman
tres ;, Chanyes
signature ono }".
Approved as to form and legality:
.17A l- Up
Heidi Ashton-Cicko
Managing Assistant County Attorney
This ordinance filed with iih
tory o Stote's c l.e '
t dayoW-- ..
o,¢� hdt
and acknowledgeme doY
f• • , eceiv d this
0
[19-CPS-01916/1511874/1168 Underlined text is added; Struckgh text is deleted.
Lely Barefoot Beach
PUDA-PL20190001138 Page 3 of 3
12/6/2019
r.
wok__
h
i
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-44, which was filed in this office on December 13,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/Ib
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us