Ordinance 87-053ORDINANCE 87- 53
AN ORDINANCE AMENDING ORDINANCE 85-21, WHICH
ESTABLISHED THE LELY BAREFOOT BEACH PLANNED ~
UNIT DEVELOPMENT, AS PREVIOUSLY AMENDED BY ~'- '
ORDINANCE 85-83; AMENDING INDEX; AMENDING SECTION ;'
2.4, MAXIMUM PROJECT DENSITY, TO INCREASE %'HE TOTAL ~
NU~ER OF RESIDENTIAL UNITS PER}IITTED IN THE PROJECT ~
AND TO INCREASE THE GROSS PROJECT DENSITY; AMENDING i~
SECTION 4.2.A., PRINCIPAL USES, TO INCREASE THE TOTAL ~
::~, NUMBER OF RESIDENTIAL UNITS PERMITTED IN THE ~..
:~ PROJECT; AMENDING SECTION 10.4. ~h~XIMIJM PERMITTED .- ..
:~_~ DWELLING UNITS, TO INCREASE THE TOTAL NUMBER OF 5"
-~ 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 19,
PROJECT IMPROVEMENT, SUBSECTION 19.2 IMPROVEMENTS,
BY ADDING PARAGRAPH I., ANGUILLA LANE ACCESS
L~IITATION, TO RESTRICT ACCESS FROM ANGUILLA LANE;
AMENDING SECTION 21.2, STIPULATIONS, TO ADD
ADDITIONAL ENVIRONMENTAL STIPULATIONS; A~ PROVIDING'
~N EFFECTIVE DATE.
WHEREAS, Lely Development Corporation, petitioned the Board of
County Co-~,issioners of Collier County, Florida, to amend the Lely
Barefoot Beach Planned Unit Development Ordina~ce, Collier County
Ordinance 85-83;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida:
SECTION ONE:
Ordinance 85-21, Barefoot Beach Planned Unit Development (PUD)
Document, Index, shall be amended to read as follows:
INDEX
SECTION I PROPERTY OWNERSHIP & DESCRIPTION
SECTION II PROJECT DEVELOPMENT
SECTION III PLATTED LELY BAREFOOT BEACH UNIT ~1
BLOCKS A THROUGH K
LOW DENSITY SINGLE FAMILY RESIDENTIAL
SECTION IV LELY BAREFOOT BEACH UNIT ~1
TRACT A
GATE HOUSE COMPLEX SITE
SECTION V PLATTED LELY BAREFOOT BEACH UNIT ~1
TRACT B
1 thru 2
3 thru 10
11 thru 14
15 thru 16
17 thru 19
COMMUNITY RECREATION CENTER ~1 SITE
SECTION VI 20
SECTION VII
SECTION VIII
SECTION IX
SECTION X
SECTION XI
SECTION XII
SECTION XIII
SECTION XIV
SECTION XV
SECTION XVI
SECTION XVII
SECTION XVIII
SECTION XIX
SECTION YOC
SECTION XXI
SECTION XXII
PLATTED LELY BAREFOOT BEACH UNIT ~1
TRACT C
LANDSCAPED ENTRANCE DRIVE STRIP
PLATTED LELY BAREFOOT BEACH UNIT ~1
BEACH GARDENS A through K
PLATTED LELY BA~LEFOOT BEACH
TRACT BF
BEACHFRONT COMMON OPEN SPACE
TRACT D, LOW DENSITY SINGLE FAMILY
RESIDENTIAL DEVELOPMENT
TRACTS H AND I
SINGLE OR M'dLTI-FAMILY
RESIDENTIAL DEVELOPMENT
TRACT LELY BEACH NORTH:
SINGLE OR MULTI-FAMILY RESIDENTIAL
DEVELOPMENT
TRACT: ACTIVE COMMqJNITY RECREATION AREA
TRACT: LELY BEACH SOUTH
PASSIVE COMMUNITY RECREATION AILEA
TRACT J: UTILITY SITE
TRACTS M, N & O: MANGROVE PRESERVES
EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS
UTILITIES CONDITIONS
PROJECT IMI~ROVEMENTS
SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
ENVIRONMENTAL ADVISORY COUNCIL STIPULATION
PROTECTIVE COVENANTS
21 thru 22
23
24 thru ~7
26
~8 thru ~4
27 31
~ thru ~8
32 36
thru 4~
37 39
44 thru
40 44
49 thru
45 46
~½ 47
~ 48
thru ~4
~9 50
thru
51 57
thru 67
58 63
68 thru
64 70
74 thru
71 73
76 74
SECTION T~O~.
Ordinance 85-21, Barefoot Beach PUD DocuMent, Section 2.4,
Maximum Project Density, s¥,'.'~l! be amended to read as follows:
2.4 MAXIMUM PROJ iCT DENSITY
No more tha~ a maximum of 699 750 residential
dwelling uni s, single and multi-family, shall
be construct,-d in the total project area. The
gross proJec,, area is 461.65 acres, of which
128.11 acres is open water and 333.54 acres is
upland and m. ngrove vegetated wetland. 690 750
units divide, by 333.54 acres results in a gross
project dens.ty of ~TO~ 2.25 dwelling units per
acre.
SECTION T~AEE:
Ordinance 85-21, PUD D,-cument, Section 4.2, Uses Permitted,
Subsection A., Principal Usts, shall be amended to read as follows:
A. PRJ'~CIPAL USES:
A~ entry gate fac lity wherein security against road entry by
ur~suthorized pers,,ns or vehicles will be provided. Public
ac:ess through or around the entry gate, along the principal
access road, and I'o publicly owned and operated facilities
sl,all be permitte,, as directed by the public agencies which
operate the publi~ facilities. The gatehouse facility may
contain dwelling t~its for resident employees of the project,
which employee dw(lling units shall be included in the maximum
6:;0 750 dwelling t nit permitted within the total project.
Additionally, the gatehouse complex may incorporate
administrative, mzintenance, and utilitarian activities and
storage facilitiet for the Barefoot Beach project as a whole.
During the period wl~en the project is being marketed,
development admin~stration and sales offices may be located iu
the gatehouse comilex. Prior to construction of the gatehouse
complex or subseq, ~nt modificiations thereto, final plans
shall be approved by the Community Development Administrator.
WORDS UNDERLINED ARE ADDITI¢:NS; WORDS 6~RgGK-~RSg6~-ARE DELETIONS.
3
SECTION FOUR:
Ordinance 85-21, Barefoot Beach PUD Document, Section
10.4 shall be amended to read aa follows:
10.4 MAXIMUM PERMITTED DWELLING UNITS
Tract H: 77-.~37 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"
699 750 units is not exceeded.
SECTION FIVE:
Ordinance 85-21, 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 is to set 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
through flow testin~ that adequate fire flows are available
to provide fire protection within the project. A letter
~ertifying that adequate fire flows are available, must be
provided by the appropriate local Fire Control District.
If adequate flows are not available, the developer will b~
required to comply with the provision of the current apnroved
PUD document re~ardin~ construction and operation of an
on/site water storase and pumping station.
WORDS UNDERLINED ;d~E ADDITIONS; WORDS 6,:I:Rg~;K-$I.IROI/~;N-ARE DELETIONS.
SECTION SIX:
Ordinance 85-21, Barefoot Beach PUD Document, Section 19, Project
Improvements, Subsection 19.2, Improvements, add paragraph
Anguilla Lane Access Limitation, to read as follows:
I. ANGUILLA LANE ACCESS LIMITATION: There shall be no access
from An~uilla Lane into the Condo site.
SECTION SEVEN:
Ordinance 85-21, Barefoot Beach PUD 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),
requiring the acquisition of a tree-removal permit
prior to any land clearin~. 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 site. This plan may be 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.
B. 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
Resources 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 construction or
due to past activities. ,,)~, ~27r,~241
WORDS UNDERLINED ARE ADDITIONS; WORDS G~Rg6K-%"~Rgg6~-ARE DELETIONS.
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 cescribe control
techniques and inspection intervals, shall be filled with
and approved by the Natural Resources Management
Department and the Building Department.
D. If, during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator is
discovered, 'all development at that location shall be'
immediately stopped and the Natural Resources Management
Department notified. Development will be suspended /or a
sufficient length of time to enable the Natural Resources
Management Department or a designe=ated 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 e timely and efficient m~nner so as to
provide only a minimal interruption to any constructional
activities.
E. The mature, pristine man~rove forests of the
north/northwestern reaches of Tract H shall be preservedl
./.
prior to any construction the wetland shall be flat~ed by
the petitioner, the boundaries to...be checked and subject
to the approval of Natural Resources Management Department.
At the time of permitting, Lely D~yelopment Corporation shall
satisfy all county, state, and/or federal stipulations
concerning protected species that may be found on site
(i.e., gopher turtles (~opherus polyphemus), osprey (Pandtoq
haliaetus).
WORDS UNDERLINED AR~ ADDITIONS; WORDS 8~Rg6K-%~,{RSg6N-AP.E DELETIONS.
Lely Development Corporation shall investigate transplanting
various native plant elements for use as landscaping (i.e.,
sabal palms, strangler riss, etc.)...
SECTION EIGHT:
This Ordinance shall become effective upon notice that it has been
received by the Office of the Secretary of State.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,~'--".'JAMES'_ _ _C'¢~ILES' CLERK MA~ 'A.~'~E, JR., C~I~
fz, "-,~PROVE~-~M TO FO~ ~ LEG~ SUFFICIENt:
~ ~' ~ mis ordlnonce filed w,~ ~e
~ of ~.'~
- ' and ockno~edgem~nt of.~at
fili~ received t~ day
'/
PDA-86-17C ' Ordinance 8~
WORDS UNDERLINED ARE ADDITIONS; WORDS 6~RggK-~I:HRgWGH-ARE DELETIONS.
027 243
AGREEMENT
I, George Vega, as owner or authorized agent for Petitions ·
PDA-86-17C and PDA-86-18C~ agree ;.~ the following stipulations requested'
by the Collier County Planning Cc~mission in their public hearing on May
7, 1987.
OF
SEAL
MY COMMISSION EXPIRES:
Amendment of the the PUD documents incorporating the ./.
o
recommer~ed stipulations per staff report dated M.~y 1, '~
SWO~ TO ~ND SUBSCRIBED BEFORE ME THIS . -1~ DAY
~ , 1987.
NOT~Y
PDA-86-17C/PDA-86-18C Agreemnt
STATE OF FLORIDA )
COUNTY OF COLLIER )
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,
Clerk of Courts ,~t~..Cler. k
Ex-officio to
Count~ CommissiOners ~
Deput~ Cler~¥..~ ' ~ ,.",.~;~ '