Ordinance 85-22 '~J ,' ~ ~I'! ~ ~i
OI~DINANCE 85-22
AN O~O~NA~CE A~INO O~C~ S~'~-~'.~A~
PREH~SI~ ZONING ~TIONS FOR
~O~T~ ~ O~ COLL~ CO~','.~0aZO~
C~GING THE ZONINO C~SSIFI~TION OF ~E HEREIN
DESCRIB~ R~ PROPER~ ~OM 'P~" TO
~IT DEV~O~ FOR LELY B~E~OT B~ CO~OMINI~i
~ PROVIDING ~ EF~Z~ DATE{
~EREAS, William R. Vines, petitioned the Board of County
Co~miasionera to chanse the 2oning Classification of the herein
described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commisnionars of Collier County, F].orida~
SECTION ONE~
The Zonin$ Classification of the herein described real property
located in Section 6, Township 48 South, Range 25 Eaa~, Collier
County, Florida is changed from "PUD" ~o "PUD" Planned Unit Developmen~
in accordance with the PUD documen~ attached hereto as Exhibit "A"
which is incorporated herein and by reference ,nade part hereof. The
Official Ion/ns Atlas Map Number,-Number 48-25-3, aa described in Ordinance
82-2, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon receipt of notice
that it has been filed with the Secretary o£ State.
DATE:
f
~.~,~, ATTEST:. BY:
· . ,, : ,. ,, WILLIAM ,,J j,. REAGAN, CLERK
'"""' ~ ' r -;-~' ~ ''
%,.' · ~ .~' ~ , .
;' : .+..'¢[~PRqV~/A~.TO FOm ~D LEGAL SUFFICIEN~
PDA-85-2C Ordinance
BOARD OF COUNTY COMMISSIOt~ER$
COLLIER COUNTY, FLORIDA
~ERICK J. VO.SS, CHAIRMAN
STATE OF FLORIDA 1
COUNTY OF COLLIER ).
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereb] certify that the foregoing is a true original of~
ORDINANCE NO, 85-22
which was adopted by the Board of County Commissioners during
Regular Session the 4th day of June, 1985.
WITNESS my hand and the official seal of .th'e Board "of..
County Commissioners of Collier County, Florida.,. t~sf~,~ '"/'.
day of June, 1985 ~ ~%~. ........ .
· ~ .' v~,.,~ .,
WILLIAM J. REAGAN ?.." . ..... >..'-".:'.
Clerk of Courts anti. Cie~k "1:'~'"'.
Ex-Officio to Boa~.~:ofL. ',~i~'.;'..'., ".
County Commission.;. .: i '
Secretory of ~+pte's Offlc.eAh,9_ lty~ '~',/'/z~.~,z~.-'~D,~;~ ." ~,.~'
""*~ayof I I. .... ~ M~iureen Kefiybn// ._. '
and acknowI~ of thai Deputy Clerk .... · . ~ ,...
fill~ 'received th.~. _~c~ day "
BAREF6OT BEACH CONDOMINIUM
A
PLANNED UNIT DEVELOPMENT
BY
LELY ESTATES, INC.'
5101 East Tamlami Trail
Naples, Florida 33962
This PUD amends PUD ordinance 81-76
PREPARED BY
VINES $ ASSOCIATES, INC.
715 Tenth Street South
Naples, Florida 339q0
MARCH 1985
DATE ISSUED March 23, 1985
DATE APPROVED BY CAPC
DATE APPROVED BY BCC Ju~e 4. ]985
ORDINANCE NUM.RER 85-22
SECTION
PROPERTY OWNERSHIP AND DESCRIPTION
1,1o 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 CONDOMINIU
1.2. LEGAL DESCRIPTION
See attached
1,3o PROPERTY OWNERSHIP
The subject property Is currently under the ownership of:
Lely Estates, Inc.
5101 East Tamlami Trail
Naples, Florida 33962
1,4, GENERAL DESCRIPTION OF PROPERTY AREA
The project site fronts on the Cull of Mexico at the north Collier County
line. It is bounded on the north and is accessible from Bonita Beach Road.
1,5, PHYSICAL DESCRIPTION
This 9.15 acre tract fronts in part on the Gulf of Mexico and is separated
from the Gulf in part by a 180' X 600t strip of county owned beach. The
property's physical characteristics include Gulf fronting sand beach;
a Iow dune and developable upland behind the beach.
The developable area is delimited on the west by the Coastal Construction
Control Line, Land elevations range from sea level to approximately 8t
-1.-
above sea level. The highest elevation Is the crest of the natural
coastal dune which lies landward of the sand beach. Natural' ",',
land slope and dralnage is both gulfward and bayward -.~
from the crest of the dune. Soil In the tract is classified as coastal beach'
Is comprised of sand and broken shell, and is highly permeable. Water
management plans for the tract will feint primarily on shallow catchment
areas and ground Infiltration. although provision will be made for dlscharge~:
of surface stormwater into tl',e atormw&ter management system of the
abutting Barefoot Beach project.
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SECTION I1
PROJECT DEVELOPMENT
2.I. PURPOSE
The purpose of this Section is to describe the development plan; the
land uses within the pl~.n; and to set forth r.~ax~mum density and
development criteria.
2.2. GENERAL
Development of the Barefoot Beach Condominium PUD shall occur in
accord with the contents of this PUD Document and applicable sections
of the Collier County Zoning Ordinance.
Unless otherwise noted, the deflnitlons of all terms used In this
document shall be the same as definitions set forth in the Collier
County Zoning Ordinance.
2.3. MAXIMUM DWELLING UNITS
A maximum of 110 dwelling units may be constructed on the property.
2.4. 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:
Multi-family dwellings.
-3-
B. Accessory Uses:
1. Accessory uses and structures which are customary in multl-f'amli¥
residential areas,
2. Recreation facilities owned and used in common by all or~ portions
of the project residents.
3. Utilities and maintenance facilities which ara exclusively used on
behalf of the project.
Adminlstrative and sales offices during the project sell out period,
which offices may be either temporary structures or temporar'y
uses within permanent residential or recreational structures.
5. Signs as permitted by the County Zoning Ordlnance Sign Regulations
in effect at the time permits are requested.
Model dwelling units shall be permitted in conjunction wlth
promotion of the development. Model dwellings shall be converted
to residential useage at the end of a two year period unless
otherwise specifically approved by the County.
2.5. REGULATIONS
2.5.1. GENERAL
All yards, setbacks, etc. shall be in relation to the overall project
boundaries if the property is developed as a single unit, or to
Individual parcel boundaries in the event t~.~t the parcel is dlvlded
into two or more parcels.
2.5.2.
2,5.3.
2.5.4.
MINIMUM LOT AREA:
MINIMUM LOT WIDTH
150 feet
MINIMUM SETBACKS
A. Bonita Beach Road right of way: 60
height, whichever is greater.
B. Lely Beach Boulevard right of way:
height, whichever is greater.
feet or 1/2.~the building
60 feet or 1/2 the building
C. Anguilla Lane right of way:
whichever ts greater.
60 feet of 1/2 the building height,
Ee
Gulf of Mexico: As determined by the Coastal Construction
Control Line.
Property lines in the interior of the overall parcel: 1/2 the
building height, but not less than 15 feet.
2.$.$. MINIMUM DWELLING UNIT FLOOR AREA
2.5.6.
1,200 square feet
OFFSTREET PARKING REQUIREMENTS
Two spaces per dwelling unit.
2.5.8.
MAXIMUM HEIGHT
100 feet above the minimum base flood elevation requlred by the
Flood Elevation Ordlnance.
DEVELOPMENT PLAN APPROVAL REQUIRED
Detailed development plans Indicating building types and location,
number of dwelling units~ drlves and parking areas, racreatlon
facilltlea and other' accessory us'es and structures shall be prepay'ecl
'and submitted for approval by the appropriate Collier County
agencles, prior to the Issuance of building permits. Prior to approving
the development plans the county shall Insure that the.plans comply
with the Barefoot Beach Condominium PUD standards and applicable
other county ordinances. The site plan approval process shall be
that which Is sat forth In the Zoning Ordinance at the time site plan
approval is sought.
-6-
3.1. PURPOSE
SECTION III
SPECIAL DEVELOPMENT STANDARDS
The purpose of thls Section is to set forth special development standards
for the property.
3.2. ONSITE FIRE CONTROL FACILITIES
3. 3.
3.3.1,
3.3.2.
The developer shall Install onsite fire protection facilities which will Insure
the availability of code requlred water volumes and pressures throughout
all buildings on the site.
WATER AND SEWER
Central water distribution and sewage collectlon 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 maintenance 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,
opqrated and maintained by the Dev,~31oper, 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'
minimum requirements at which time they will be conveyed or transferred
to the County, when required by the Utilities Division, pursuant to
appropriate County Ordinr, nces and Regulations in effect at the time
conveyance or transfer is requested, prio.~' to being placed into service.
All construction plans and technical 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 of construction.
-7-
3.3.3.
3.3.4.
3.3.5.
All customers connecting to the water dls{ribution and sewage
collectlon facllltles will be customers of the County and wlll be billed
by the County in accordance with the County's established rates.
Should the County not be in a position to provlde water and/or' sewe~'
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 water and/or sewer facllities are available to
serve the project. For interim utillty systems, a review of the proposed
rates and subsequent approval by the Board of County Commissioners
must be completed p~'ior to activation of' the water and sewer facilities
servlclng the project. Rate reviews must be in full compliance wlth
County Ordinances No. 76-71 and 83-18 as amended, revised or
superseded.
It Is anticipated that the County Utility Division will ultimately supply
potable wster to meet the consu?.~ptive demand and/or receive and treat
the sewage generated by thls project. Should the County system not
be In a positlon 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-slte treatment t'acHltles and Jot interim on-site sewage treatment
and disposal facil[tles adequate to meet all requirements of the appro-
priate regulatory agencles.
An agreement shall be entered into butween the County and the Owner,
legally acceptable to the County, prior to the approval of construction
docur.;ents for the proposed project, stating that:
a)
The proposed water supply and on-site treatment facilities and/o~'
on-site wastewater treatrr, ent and dis..,~osal facilities, if required,
are to be cons~,ructed as part of the proposed project and must
be reg&rded as interim; they shall be constructed to State and
Federal standards &nd are to be owned, operated and maintained
-8-
b)
c)
d)
by the Owner, his assigns or successors until such time as the
County's Central Water Facilities and/or Central Sewer Facilities
are available to service the project. Prior to placing the water
treatment, supply and dlstribu:ton'and/or sewage collection,
tr&nsmisslon and treatment facilities into service the Developer
shall submit, to the Ca,lie.- Cocn:y (Utility Rate and Regulation
Board) for ;hei~- ~-oviaw and approval, a schedule of th~ 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 sawer fac;lltles are available to serve the project.
. Upon connection to the County's Central Water Facilities, and/or'
Central Sewer Facllitles, the Owner, his assigns or successors
shall abandon, dismantle and remove from the site 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 FIorida standards. Ail work related with this activity
shall be performed at no cost to the County.
Connec[ion :o the Coun:y:s Central Water and/or Sewer Facilities
will be mac~e by the owners, their assigns or successors at no
cost to the County within 90 days after such facilities become
available. The cost of connectlon shall Include, but not be limited
to, all engineering design and p,'epor~tion of constructlon docu-
ments, permitting, modification o;' reft:ringer sewage pumping
facilities, Interconnectlon with County central facilities, wate~
and/or sewer ~nes necessary to make the connection(s], otc.
At the time County cent.'~l water and/or sewer facilities are
available for the p;'ojec: ~o connect with, the following water and/
or sev~er facilities she'.; ~ conveyed to tho County pursuant to
cpp;'opria~e County Crc;;:;a~c,~s ~nd ~egulations in effect at the
tlme:
1)
2)
All water and/or sewer facilities constructed in publicly owned
rights-of'-way or within utility easements required by the County
within the project limits and those additional facilities required
to make connection with the County's central water and/or sewer
facilities; or,
All water and sewer facHit!es required to connect the project to
the County's central w~ter ;:nd/or sewer facilities when the on-
site water and/or sewer faciilties are constructed on private
property and not required by the Count,/, to be located within
utility easements, Including but not limited to the following:
a)
Main sewage lift station and force maln interconnecting with
the County central facilities Including all utility easements
necessary;
b)
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.
e)
The customers served on 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 ar-e available 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 over 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
respor~sible l~or the water' end/or sewer' s~;rvtce billing for the project.
,, f)
All construction plans 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.
g)
The Owners, their asslgnsor successors agree to pay all applicable
system development cP. arges 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 prospective buyers of properties for which bullding permits
will be required prior to the start of building construction.
h)
The County at its option may lease for operation and maintenance the
water distribution and/or 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 s.upply, treat-
ment and distributlcn facilities and/or the sewage collection, trans-
mission and treatment facilities. The Lease, if required, shall remain
in effect until the County can provide water and/or sewer service
through its central facilities or until such time that bulk rate water
and/or sewer service agreements are negotlated with the interim utility
system serving the project.
Data required under County Ordinance No. 80-112 showing the
availability of sewage service, must be submitted and approved by the
Utilities Divlslon prior to approval of the construction documents 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.
-11-
c)
If an interim on-site water supply, treatment and transmisslon
facility Is utilized to serve the proposed project, It must be
properly sized to supply average and. peak day domastlc demand,
In addition to fire flow demand at a rate approved by the appropriate
· Fire Control District servicing the project area,
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',"tOLZ, ,V, ON"*'..T.S AND AS~3OC,o
CONSULTING ENGINEERS - LAND SURVEYOFI~
Legal Description
Ba~foot Beach Condominium for Lely Estates, Inc.
.Tract Proposed to be zones PUD
~Commencing at the Point of Beginning of Lely Barefoot Beach,
Unit 1 plat as rocoraed in 21at ~ook 12, page 35 P~lic
~Records of Collier County, Florida, same being ~e 9oint
~oginning, (PO~-Parcel 1. ).~n along the not,westerly
Platte~ line of e~e Unit One, (~.~ut r~gh~-of-way of Laxly
~"38* 2~.~ ~6" =, 32.02 fo~t, =,:anco S 00e 10~ 59" ~, 93.71
Eoet, ~hence 145.10 along =he arc o~ a curve to ~he right
having a =aaius cE 346.72 feat, a central angle of 23~ 58
42", chore of 144.05 feet, .aha a chorQ bearing S 12e 10~ 20"
W, thence S 24e 09~ 41" W,.88.58 feet, thence depart from
Lely Beach ~oulevara on a bearing of N 67e 01~ 27" W, 51.40
fee=, thence S 6~~ 45~ 00" W, 580.00 feet, thence S 19e 47~
42" ~, 42.01 feet, thence S 71~ 38~ 14" W, .172.05 feet,
thence continuing S 71~ 38' 14" W, 58.00 feet, more or less
to the mean high w=tor line of ~he Gulf of Mexico, thence
northwesterly along the mean high water line for a distance-
of 735 feet more or less to a point of intersection with
the no==h line of sai~ ~ec=ion 5, thence S 89e 49~ 01"
along said section line, 444.7~ more or less, to a concrete
monument marke~ "GAC Monument" on the south right-of-way
line of ~onita ~each Road (C-865) (said monument being
404.32 fee=, N 89~ 49' 01" W of the N 1/4 corner of Section
6) =hence along the south right-of-way line of ~onita ~each
Rosa (C-855) 240.71 feet along the arc of curve to the
having a radiu~ of 570.87 feet, a central angle of 24e 09~
32.5", chord of 238.93 fee=, and a chord bearing S 77e 44~
15" ~, to a concrete monument marked "GAC Monument" thence
along said right-of-way line S 99e 49~ 01" ~, 399.44 feet to
the point of beginning.
File ~o. 80.80
June 16,1981
Also that Portion of Tract A of Lely Barefoot Beach, Unit 1,
as recorded in Plat Book 12, Page 35, Public Records of
Collier County, Florida described as follows~
Commencing at the northwest P.R.M. of Tract A, located 2.00
fee= northwesterly of tho North right-of-way line of Anguilla
Lane, Lely Barefoot neach, Unit One as uhown on Plat Book
12, ~ago 35, ~ublic Record= of Co!lief County, Florida said
P.R.M. being Pein= of Beginning, (P.O.B. ~arcel 2) thence S
19~ ~7' 42" ~., 2.00 feet, thence N 71~ 38' 14" ~., 186.84
feet, ~.hence 200.55 feet along the arc of a curve to the
right, having a radius of 277.95 fee=, a central angle of
41~ 20~ 19" .
, a chord of 195 23 feet, anG a chore bearing of
S 87~ 4!' 36 5 ......
. -'-, thence N 24" 09 41 E, 127.97 feet,
thence S 68" 45' 00" W, 457.56 feet to Point of Beginning.
HOL~., MONTES AND ASSOC.. INC.
CONSULTING ENGINEERS- LAND SURVEYORS
File No. 80.80 June 16, 1981
Page 2 of 2
Legal Description
Barefoot Beach Condominium for
Lely Estates, Inc.
Tract Proposed to be zoned PUD
::~x~iUding that parcel described as follows~
Commence.&~ the N 1/4 corner Section 6, Township 48 South,
~nge 25 ~as= and run N 89· 49' 01" W along township line
18.~9 feat to Point of Beginning; thence S 18" 46' 41" E,
along a line more or less parallel with the mean high water
line, $32.16 feet; thence S 71e !3' 19" ?7, 1~0.00 feet more
o= loza to the mean high wa=er line; thence northwesterly along
the mean high water line which bears approximately N 18" 46'
41" W, for a distance of 600.00 fee= more or less to the
.tow~ship line! thence S 89' 49' 01" E, along township line,
190.33 feet more or less to Point of Beginning' Collier
County, Florida.
Con=ainlng 9.15 acres more or less.
Bearings an~ distances shown herecn.
Bearing of the township line was taken from Johnson
Engineering Inc., Survey, Plat prepared for GAC Properties
Inc., dated October, 1972 through March, 1973.
Boundary of composite area composed of Parcel 1,
Parcel 2, and "excluded" parcel except distance to mean
high ~cater of excluded parcel was taken from page 35,
of pla= book 12, Public Records of Collier County.
Description of "excluded parcel" is taken from the
Warranty Deed dated July 17, 1978 bot%~een Lely Estates,
Inc. and Board of County Co~issionors, Collier County,
Florida.
'il,