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Ordinance 85-83 ORDINANCE 85- 83 ~.-3 AN ORDINANCE AMENDING ORDINANCE NUMBER 85-21 OR~INAKCE AMENDING ORDINANCE NUMBER 77-48, LELy' ~ B/~EFOOT BEACH PUD BY AMENDING THE TITLE PAGE, ~AND SECTION I, PROPERTY OWNERSHIP AND DESCRIPTION, '~c~PROVIDE FOR THE REVISIONS; AMENDING SECTION II', _?.~ f]~ROJECT DEVELOPMENT, TO REVISE THE DEVELOPMEN~F ~ c> .{~TRACTS, ADD FRACTIO[;ALIZATION AND CONCEPTUAL PLAI~ .~ ,oAPPROVAL PROCEDURES A~D REVISE FINAL SITE [EVELOPME~ - -~ PLA5' APPROVAL PROCEDURES; ~ENDING SECTION X, SING~ ~- OR ~LTI-F~ILY RESIDENTI~ DEVELOPMENT, TO DELET5 ~ T~CTS E, F, AND G INCLUDING RELATED DEVELOPMEHI STA~ARDS AND PROVIDE FOR T~CTS H ~D I ONLY; REP~CING SECTION XI, T~CT J: UTILITY SITE, WITH SECTION XI, T~CT LELY BEACH NORTH: S INGLE OR ~LTI-F~ILY RESIDENTIAL DEVELOPMENTS, AND PROVIDIHG DEVELOPMENT ST~D~DS ~D REGULATIONS; REP~CI~G SECTION XII, T~CTS K AND L: CO~NITY RECREATION AREAS, WI~ SECTION XII, T~CT ACTIVE CO~NI2'Y RECR~TION AREA, AND PROVIDING DEVELOPMENT ST~DA~S A~ REG~ATIONS; REP~CING SECTION XIII, T~CTS M, N A~ O: ~NGROVE PRESERVES, WITH SECTION XIII, T~C%: LELY BEACH SOUTH, ~D PROVIDING DEVELOPMENT ST~DA~]S A~ REGU~TIONS; REP~,CING SECTION XIV, EXCEPTIONS %0 CO~ SUBDIVISION REG~ATIONS, WI~ SECTION XIV, PASSIVE COMITY RECR~TION k~EA, AND PROVIDI~;G DEVELOPMENT ST~DARDS ~D REGI ~AT IONS; REP~CI~:G SECTION XV, UTILITIES CONDITIONS, WITH SECTION XV, T~CT J: UTILI~ SITE, ~ICH WAS PREVIOUSLY. SECTION XI, AND PROVIDING THE ORIGINAL DEVELOPMENT STANDA~S; REP~CING SECTION ~I, P~.OJECT I~ROVE~NTS, WIiH SECTION XVI, T~CTS M, N A~ O: ~GROVE PRESERVES, ~ICH WAS PREVIOUSLY SECTION XIII, ~ PROVIDING ~{E ORIGINAL DEVELOP~NT STA5~S AND DED][CATION OF THESE TRACTS TO THE STATE; REP~CING SECTION ~II, ENVIRON~NTAL ADVISORY COUNCIL STIP~ATIONS, WI2'H SECTION XVII, EXCEPFIONS TO COUN~ SUBDIVISION REGU~TIONS, ~ICH WAS PREVIOUSLY SECTION XIV PROVIDING THE ORIGINAL ST~DARDS ~D ~ ~DITIONAL EXCEPTION TO THE REQUIRED STREET RIGHT-OF-WAY WIDTHS ~'D ALIGNMENT; REP~CING SECTION XVIII, PROTECTIVE COVEN~TS, WITH SECTION XVIII, UTILITIES CONDITIONS, ~ICH WAS PREVIOUSLY SECTION ~ ~D PROVIDING THE ORIGINAL ~GU~TIONS; ~DING SECTION XIX, PROJECT I~ROV~ENTS, ~ICH WAS PREVIOUSLY SECTION ~I PROVIDING THE ORIGINAL REGU~TIONS WITH MINOR ~MENTS TO PROVIDE FOR OTHER REVISIONS; ~DING SECTION ~, SPECIAL ENVIRO~NTAL PROTECTIOn; REG~ATIONS, TO PROVIDE DEVELOPMENT STANDA~S REGU~TIONS ~ICH A~ PART OF THE SE~L~T; ~DING SECTION ~I, E~IRO~T~ ~VISORY CO~CIL STIPU- ~TIONS, ~{ICH WAS P~VIOUSLY SECTION XVII ~D PROVIDING THE ORIGINAL STIP~TIONS; ~D~NG SECTION ~II, PROTE~IVE COVEN~TS, ~ICH WAS PREVIOUSLY SECTION ~III, ~ PROVIDING THE ORIGINAL PROTECTI%~ COVEN~TS; ~DING EXHIBITS A THROUGH E; ~D PROVIDING ~ EFFECTIVE DATE: ~{ER~S, on September 9, 1977, the Board of County Co~issioners approved Ordinance Number 77-48 which established the Lely Barefoot Beach Planned Unit Development; and ~ER~S, on June 4, 1985, the Board of County Co~issioners approved Ordinance Number 85-21 which amended Ordinanca Number 77-48; an~f I/ WHEREAS, thereafter, Robert H. Blades filed a lawsuit in th~ Circuit Court for Collier County, Florida, Circuit Civil Number 85-1570-CA-01-CTC, against Lely Estates, Inc., a Florida Corporation, and Collier County; and WHEREAS,' simultaneously, the Conservancy, Inc. a Not-For-Profit Florida Corporation, filed a lawsuit in the Circuit Court for Collier County, Florida, Circuit Civil Number 85-1571-CA-O[-CTC, ~gainst Lely Estates, Inc., a Florida Corporation, and Collier County; and WHEREAS, the Conservancy, Inc. and Lely Estates, Inc. desire to settle the above referenced casea; and WHEREAS, said settlement entails amendments to Ordinance Number 85-21, an Ordinance amending Ordinance Number 77-48 which established the Lely Barefoot Beach Planned Unit Development; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COEMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Ordinance Number 85-21, an Ordinance Amending Ordinance Number 77-48, the Lely Barefoot Beach PUD, is hereby amended as shown on the revised Barefoot Beach PUD Document, attached heretc as Exhibit 'A" and by reference made a part hereof. SECTION TWO: This Ordinance shall become effective upon notice that it has been received by the Office of the Secretary of State. DATE: December 17, 1985 O.,dinance Amend Barefoot Beach Rev~se~-May-22~-½986 BAREFOOT BEACH PLANNED UNIT DEVELOPMENT LELY ESTATES INC. 5101 East Tamiami Trail ' Naples, Florida 33962. This PUD amends PUD ordinance 77-48 and 85-21 PREPARED BY Nap~es~-~e~da--32940 COASTAL ENGINEERING CONSULTANTS, INC. 3883 Davis Boulevard, P.O. Box 8306 ~.aples, Florida 33941 CEC File No. 85.149 MAR6H--½g86 NOVEMBER 1985 DATE ISSUED DATE APPROVED BY CAPC DATE APPROVED BY BCC~t2/!7/I15 ORDINANCE NUMBER 85-83 SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTICN VIII SECTION IX SECTION X SECTION XI SECTION XII SECTION XIII SECTION XIV SECTION XV SECTIClN XVI INDEX PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT PLATTED LELY BAREFOOT BEACH UNIT #1 BLOCKS A through K LOW DENSITY SINGLE FAMILY RESIDENTIAL LELY BAREFOOT BEACH UNIT #1 TRACT A GATEHOUSE COMPLEX SITE PLATTED LELY BAREFOOT BEACH UNIT #1 IRACT B COMMUNITY RECREATION CENTER ~1 SITE PLATTED LELY BAREFOOT BEACH UNIT #1 TRACT C LANDSCAPED ENTRANCE DRIVE STRIP PLATTED LELY BAREFOOT BEACH UNIT BEACH GARDENS A through K PLATTED LELY BAREFOOT BEACH TRACT BF BEACHFRONT COMMON OPEN SPACE TRACT D, LOW DENSITY SINGLE FAMILY RESIDENTIAL DEVELOPMENT TRACTS E~-F~-G~ H, AND I N~W-~-M~D-R(SE SINGLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT ~RAG~-J~-~N~¥-$~ETRACT LELY BEACH NORTH: SINGLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT ~RAG~$-K-&-N~-~MM~N~¥-R~GR~A~N-AR~A$ TRACT: ACTIVE COMMUNITY RECREATION AREA ~RAG~$-M~-N-&-O,-MANGROVE-PRESERVE$ TRACT: LELY BEACH SOUTH PASSIVE COMMUNITY RECREATION AREA U~;E;~(E$-GOND()(QN$ TRACT J: UTILITY SITE PR~JEG~-~MPRgVEMEN~$ TRACTS M, N & O: MANGROVE PRESERVES 1 thru 2 3 thru 10 11 thru 14 15 thru 16 17 thru 19 20 21 thru 22 23 24 thru 27 28 thru 34 35 thru 38 40 thru 43 44 thru 48 49 thru 50 51 52 SECFION XVII ~NV~R~NMEN~A~-A~V~SDR¥-G~NG~-6~P~A~N~ EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS SECTION XVIII UTILITIES CONDITIONS SECTION XIX PROJECT IMPROVEMENTS SEC'FION XX SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS SECTION XXI ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS SECTION XXI! PROTECTIVE COVENANTS 53 thru 54 55 thru 61 62 thru 67 68 thru 73 74 thru 75 76 m EXHIBITS EXHIBIT "A" EXHIBIT "B" EXHIBIT "CII EXHIBIT "D" EXHIBIT "E" Lely Barefoot Beach P.U.D. Master Plan Site Plan for Community Recreation Center, Number 1 Lely Beach North Conceptual ?lan Lely Beach South Conceptual Plan Legal Description 1.1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of the 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. 1.2 LEGAL DESCRIPTION: See attached, Exhibit E. 1.3 ZONING HISTORY AND PROPERTY OWNERSHIP: All of the subject property was zoned PUD cn 9-27-77 by Ordinance 77-48. Lely Barefoot Beach Subdivision Unit #1, a part of the area zoned PUD by Ordinance 77-48, was filed on 8-7-78. A portion of the homesites within Lely Barefoot Beach Unit #1 have been sold and private residences constructed thereon. Development standards set forth in this PUD document which govern the homesites in Lely Barefoot Beach Unit #1 are unchanged from the development standards previously approved as a part of PUD document 77-48. All of the property within this application othe~ than previously sold lots in Lely Barefoot Beach Unit #1 is owned by Lel.¥ Estates, Inc., the PUD applicant. This PUD regulatory document and Exhibits, ~he-PU~-Mas~e~-P~aR~ amends the PUD regulatory document and Master Plan adopted by PUD Ordinance 77-48 and PUD Ordinance 85-21. -1- 1.4 GENERAL DESCRIPTION OF PROJECT AREA: The project site occurs in the northernmost two miles of gulf beachfront land in Collier County, It is accessible from the north via Bonita Beach Road. It is bounded on the north by the Collier/Lee County line, the west by the Gulf of Mexico, the south by the south line of Section 8, Township 48 S, Range 25 E, and the east by Little Hickory Bay and the waterway which extends southerly from the Little Hickory Bay to Wiggins Pass. Gulf front lands between the Barefoot Beach property and Wiggins Pass to the south are owned by the State of Florida. The properly lies within Area "A" of the Collier County Water-Sewer District and within Collier County Water Management District #7. 1.5 PHYSICAL DESCRIPTION: The project fronts on the Gulf of Mexico. The physical characteristics include gulf fronting sand beach; 1Gw dunes and developable uplands behind the beach; and mangrove wetlands and tidewaters east of the developable uplands. The dev. elopable area is limited on the west by Coastal Construction Control regulations and on the east by wetlands protection regulations. Elevations within the project area range from sea level to 9.5 feet above sea level. The highest elevation is the crest of a coastal dune which lies landward of the sand beach. Natural land slopes and natural drainage ~s both gulfward and bayward from the crest of the dune. Soil types in the project area are mangrove swamp and costal beach. The coastal beach soils, where develop- mental activities have occurred and are planned, are composed of sand and shell and are highly permeable. Water management plans for the projec~ rely primarily on shallow catchment areas and ground infiltration. -2- mB 2.1 2.2 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to describe the develop- ment plan; the land uses within the plan; and to set forth maximum density and development criteria. GENERAL Ao Development of the Barefoot Beach PUD shall occur in accord with the contents of this PUD document, associated exhibits, ano applicable sections of the Collier County Zoning Ordinance. B o Unless otherwise noted, the definitions ,~f all terms used in this document shall be the same as definitions set forth in the Collier County Zoning Ordinance. Co NO physical change and no regulatory'change is planned for the single family homesites ~ithin platted Lely Barefoot Beach Unit #1, nor to the mangrove preserve areas committed by the original PUD to be preserved in their natural conditions, in perpetuity. U~es permitted, development stan-. dards, and related regulations applicable to Lely Barefoot Beach Unit #1 single family homesites and to the three mangrove preserve areas are unchanged from the originally approved Master Plan and PUD document. -3- 3'87 2.3 PROJECT PLAN AND LAND USE ITRACTS The project plan, including street locations, tract boundaries, land use and number of dwelling units permitted in the various tracts are graph- ically iljustrated by E~b4t-UAUT-~he-Ba~efeB~ Bea~-PU~-Mas~e~-Plam the Barefoot Beach Master Plan and other attached Exhibits. Platted Lely Barefoot Beach Unit #1, Blocks A through K: Low density single family residential. 42.50 acres 2. Platted Lely Barefoot Beach Unit ~1, Tract A: Gatehouse complex site Platted Lely Barefoot Bnach Unit #1, Tract B; community recreation Center #1 site 4. Platted Lely Barefoot Beach Unit #1, Tract : Landscaped entrance drive strip 5. Platted Lely Beachfront Beach Unit #1, Road right-of-way Road right-of-way south of Platted Lely Barefoot Beach Unit #1 .91 acres 3.31 acres 1.36 acres 5.37 acres 10.63 ac,es 7. Tract D: Low density single family residential 2.53 acres 10. 11. 12. 13. 14. ~ae~-ff Lely Beach North: Single or Multi-family residential ½g~44 33 acres l~a6~-~ L~ly Beach South: Single or Multi-family residential ~g,gg 29 acres ~a6~-G Active Community Recreation Area: CommunitY ReCreation Site ½4~86 10 acres Tract H: Single or Multi-family residential 66.06 acres Tract I; Single or Multi-family residential 11.97 acres Tract J: Utilitarian site 2.25 acres ?~ae~-K Tract: Passive Community recreatto~ site 7.0 acres (6, ..... ~ae~-E+-Gomm~4~y-~ee~ea~4oR-s${e ............. ~2,86-a~es '-4- mmm mm m ½615. Tract M: Mangrove preserve ½~16. Tract N: Mangrove preserve ½817. Tract O: Mangrove preserve Open Water area Gross project area *Acreages ~re approximations for 9~neral the Master Plan ma'¥ vary following detail of Tracts. 64.21 acres 23.47 acres 19.04 acres 128.11 acres 461.65 acres' representation of survey delineation -5- The meanderJ.~g north/South project access road shown on the master plan is constructed as Lely Beach Blvd. from its intersection with Bonita Beach Road to the south line of tile plat of Lely Barefoot. Beach Unit #1. The road alignment from the south line of the plat of Lely Barefoot beach Unit #1 to the south line of the project has been approved by local, state, and federal agencies, and is partially constructed. The final ri~ht-of-wa¥ alignment and width may varS as a result of ii) wetland jurisdiction (2) detailed site planning to preserve native habitat or (3) to accommodate percent coverage requirements. Final road alignment and right.of-waS width shall be a_j~proved durin~ final review and approval of detailed site development plans per Section 2.7 below. In addition to platted Lely Barefoot Beach Unit ~1 and Tracts D through 0 which are shown on Exhibit "A", easements (utility, private, semi-public, etc.) have been or will be established ~ithin or along the various tracts as may be necessarj! of deemed desirable to serve the project. 2.4 MAXIMUM PROJECT DENSITY No more than a maximum of 690 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project area is 461.65 acres, of which 128.11 acres is open water' and 333.54 acres is upland and mangrove vegetated wetland. 690 units divided by 333.54 acres results in a gross project density of 2.07 dwelling units per acre. -6- 2.5 FRACTIONALIZATION OF TRACTS When the developer sells an entire Tract or a building parcel (fraction of a Tract). to subse- quent owner, or proposes development of such propertS himself, the developer shall provide to the Director for approval, prior to the sale or development of such property, a boundary drawing showin9 the tract and the building parcel therein (when applicable) and in the case of a residential area, the number of dwelling units of each res- idential type assigned to the p.roperty. The drawing shall also s),ow the location and size of access to th3se fractional parts that do not abut a public street. In the event any residential tract of buildin9 parcel is sold by any subsequent owner, as iden- tified in Section 2.5.a, in fractional F~arts to other parties for development, the subsequent owner shall provide to the Director, for approval, prior to the sale or development of a fractional part, a boundar,! drawing showing his originally purchased tract of building parcel and the frac- tional parts therein and the number of dwelling units assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not Co abut a public street. The developer of any tract or building parcel must submit prior to or in conjunction with the appli- cation for a building permit, a detailed site development plan for his tract or parcel in accordance with Section 2.7 -7- In evaluatin9 the fractionalization plans the Director's decision for approval or denial shall be based on comr. liance with the Conceptual Plan as approved accordin9 to Section 2.6, the criteria and the development intent as set forth in this document, conformance with allowable numbers of residential units and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress Eo and egress. If approval or denial of the fractionalization plans is not issued within ten (10) working days, the submission shall be considered automatically approved. Conceptual Plan approval according to Section 2.6 shall occur prior to fractionalization of any parcel within the development. Conceptual Plan approval is not required if a Final Site Develop- ment Plan is approved accordin9 to Section 2.7 for an entire Tract as identified on the PUD Master Plan. For Lely Beach South Tract, designated development corridors maS not be fractionalized. 2.6 CONCEPTUAL PLAN APPROVAL When Conceptual Plan approval is desired or required by this documentst the followinq proc,adure %hall be followed: A written request for Conceptual Plan approval shall be submitted to the director for approval. The request shall include materials necessary to -8- nm mm mm demonstrate that the approval of the Conceptual Plan will in harl~ony with the 9eneral intent and purpose of this document. Such material may include, but is not limited to the following, where applicable: 3 o vegetation areas includinq identified Site plans ~t an appropriate scale showing p[pposed placement of structures on the prope.rty; p~ovisions for ingress and eQress, off-street par~in9 and off-street loadin9 areas; yards and other open s_paces; impervious surface coverage percentaQe along, with calculations used to determine percentage. Plans showin9 ~.roposed locations for util- ities hook-up. Plans for screening and buffering. Plans for p?oposed signs and lighting. Delineated preserve areas and sensitive endangered species and their habitat. Tree removal plan and landscapin~ plan. A fee consistent with the current fee schedule for County Site Development Plan approval s~.all accompany the application, PR~JEG~-PEAN-APPR~VAE-REQUtREMEN~6 FINAL SITE DEVELOPMENT PLAN APPROVAL Exhibit "A" constitutes both the PUD Master Plan of development and the Barefoot Beach Subdivision Master Plan. P~e~-~e-~eve~epme~-e¢-~a~s-g-~k~e~§k-O-wh~e~ a~e-s~ew~-e~-~he-Mas~e~-Pla~-~e~a4~e~-s~e-~eve)epme~ p~a~s-sNa11-be-subm(~e~-~e-aRU-app~eveU-by-~e-a@pme- p~&a~e-Ge~e,-Ge~y-§eve~me~-a§e~e+e~-w~l~eM-~Ma~ -9- ~e-~he-Mas~e~-P~a~t-~he-%e~ms-e~-~h~s-P~-deeume~%t-a~d ~he-s~e-~eve~epme~-p~a~-app~eva~-p~eeess-wh~eh-~s-se~ Ce~Ah-&n-~he-~eR~§-O~d~a~ee-a~-~he-~me-app~eva~-~s se~gh~, Final Site Development Plan approval shall be obtained bS each developer prigr to the issuance of any construction permits. The Final Site Development Plan process as outlined in the Zoning Ordinance in effect at the time permits are requested shall be followed. Final site plan approval for Tracts Lely Beach North, Lely Beach South, and Active Community Recreation Area shall be in accordance with special construction, habitat protection, dune preservation, and wetland preservation regulations stated in Section XX. Sufficient documentation shall be submitted with the final site plan for review and approval by the a__p?[.opriate County Department {for example~ 1.gcation of preserve areas and sensitive vegetation areas including endangered species, tree removal plan, landscaping plan, etc.) Prior to the recording of additional subdivision plats within the Barefoot Beach Project, final plans for the required subdivision improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the approved PUD Master Plan, the County Subdivision Regulations, and the platting laws of the State of Florida. The PUD Iqaster Plan indicates that the meandering north/south access road extends from Bonita Beach Road to the south boundary of the project. Vehicular access to the state owned lands south of the Barefoot 8each project is to occur via this north/south access road. No modification may be made to this road as planned which would interfere with access to the state owned land to the south. -10- mm mm 3.1 SECTION III PLATTED LELY BAREFOOT BEACH UNIT ~1 BLOCKS A through K I. OW DENSITY SINGLE FAMILY RESIDENTIAL PURPOSE The purpose of this Section is to set forth development regulations applicable to Platted Lely Barefoot Beach Unit #1, Blocks A through K. 3.2 MAXIMUM DWELLING UNITS A maximum of 91 single family homesites may be con- structed within platted Lely Barefoot Beach Unit #I, 8locks A through K. 3.3 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: Principal Uses: Single Family Residences: Individual homesites may consist of single platted lots, multiple lots and/or fractions of adjoining lots. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) Signs as permitted in section 8.31 of Ordi- nance 82.-2. -11- ,oo (3) Model homes shall be permitted in conjunction with development and sale of the project. Such model homes shall be converted to private residences within two years of construction completion, unless other wise specifically approved by the County. 3.4 REGULATION 3.4.1. GENERAL: All yards, setbacks, etc. shall be in relation to homesite boundaries, whether such homesite consists of a single platted lot, adjoining lots, and/or fractions of adjoining lots. 3.4.2 MINIMUM HOMESITE AREA: When a single platted lot is utiliz~d as a homesite, ~he minimum lot area shall be the area of that lot, as platted. When a homesite is comprised of multiple lots and/or fractions of adjoining lots, the minimum homestte area shall equal or exceed the area of the largest platted lot which comprises a portion of the homesite. 3.4,3 MINIMUM LOT WICTH: When a homesite is comprised of a single platted lot, the minimum lot width shall be as shown on the plat. When a homesite is comprised of adjoining lots and/or fractions of adjoining lots, the minimum lot width shall equal or exceed the width of the largest platted lot which is a portion of the homesite. -12- mm 3.4.4 3.4.5 MINIMUM YARDS: Yards which abut Lely Beach Boulevard: 25 feet. Required yards abutting Lely Beach Boulevard are also easements within which utilities, walkways, etc. may be installed. Bo Yards which abut an access drive right-of-way which extends westerly from Lely Beach Boulevard: 10 feet. Yards Which abut an adjoining homesite: 7½ feet D. Yards which abut a Beach Garden: none E: Gulf front yards: No structure may extend gulfward of the line approved by the Trustees of the Internal Improvement Fund as a vari- ance to the State Coastal Setback Line, approved by the Florida Department of Natural Resources (Governor and State Cabinet) on 12-17-74. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES: Ao One story- 1,200 square feet of living area exclusive of garages or unenclosed patios, decks or porches. Two story- 2,000 square feet of living area exclusive of garages or unenclosed patios, decks or porches. 3.4.6 3.4.7 3.4.8 OFFSTREET PARKING REQUIREMENTS: Two parking spaces per single family residence. MAXIMUM HEIGHT: Two stories above the minimum base flood elevation required by the floor elevations ordinance. 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 underbuilding area shall not be deemed to be a story. 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 con- struction standards shall be applicable to all residences developed in Block A through K of Platted Lely Barefoot Beach Unit #1. 4.1 SECTION IV PLATTED LELY BAREFOOT BEACH UNIT TRACT A: GATEHOUSE COMPLEX SITE PURPOSE The purpose of this Section is to establish development regulations for platted Lely Barefoot Beach Unit #i, Tract A. 4.2 USES PERMITTED No b~Jilding 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: An entry gate facility wherein security against road entry by unauthorized persons o~ vehicles will be provided. Public access through or around the entry gate, along the principal access road, and to publicly owned and operated facilities shall Ce permitted as directed by the public agencies which operate the public facilities. The gatehouse facility may contain dwelling units for resident employees of the project, which employee dwelling units shall be included in the maximum 690 dwelling unit permitted within the total project. Additionally, the gatehouse complex may incorporate administrative, maintenance, and utilitarian activities and storage facilities for the Barefoot Beach project as a whole, During the period when the project is being marketed, devel- opment administration and sales offices may be -15- Bo located in the gatehouse complex. Prior to construction of the gatehouse complex or subse- quent modifications thereto', final plans shall be approved by the Community Development Administrator. Accessory Uses: (1) Customary uses and structures (2) Signs as permitted by Section 8,31 of Ordi- nance 82.2. 4.3 MINIMUM SETBACKS Ao Lely Beach Boulevard: no~e. Portions of the security gatehouse facility may extend into and over Lely Beach Boulevard right-of-way. B. Anguilla Lane: 25 feet. C. North property line: 25 feet. 4.4 OFFSTREET PARKING Six spaces, plus two spaces for each employee dwelling unit. 4.5 MAXIMUM HEIGHT Two stories above the minimum base flood elevation required by the Flood Elevation Ordinance. -16- mm im SECTION V PLATTED LELY BAREFOOT BEACH UNIT #1, TRACT B: COMMUNITY RECREATION CENTER #1 SITE 5.1 PURPOSE The purpose of this Section is to establish develop- mental regulations for platted Lely Barefoot Beach Unit #), Tract B: Community Recreation Center ~1 Site. 5.2 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: Recreation structures and facilities, including boat docks and related facilities which extend into the water which adjoins Tract B. B. Accessory Uses: (1) Customary uses and structures. (2) Signs as permitted in Section B.31 of Ordi- nance 82.2. 5.3 MINIMUM SETBACKS A. Lely Beach Boulevard: 50 feet B. Waterfront yard: none -17- C. East and south property line: 25 feet 5.4 OFFSTREET PARKING REQUIREMENTS As required by Collier County Zoning Regulations in effect at the time that permits are sought. 5.5. MAXIMUM HEIGHT Two stories above the minimum base flood elevation required by the Flood Elevation Ordinance. 5.6 DEVELOPER REQUIRED IMPROVEMENTS WITHIN TRACT "B" The developer shall make improvements to lract "B": Community Recreation Center ~1 site, in accord with Exhibit "B", which is hereby made a part o? this PUD document. Community Recreation Center ~1 site and all structures, recreation facilities, and other improve- ments thereon shall be owned in common by all owners of residential homesites in Lely Barefoot Beach. Prior to issuance of building permits for development of the recreation center complex, the development plan shall be reviewed and approved by the Community Development Administrator, who shall also ensure adeqoacy of offstreet parking spaces. The Barefoot Beach develop- ment sponsor shall complete all improvements indicated by Exhibit "B" prior to issuance of the 5Cth residen- tial building permit. In the event that the development sponsor has not completed development of the improve- ments indicated on Exhibit "B" after issuance of 49 residential building permits, no further ~uilding permits shall be issued until the Exhibits "8" improve- ments have either been completed, or surety acceptable to the County in the amount of 110% of the cost to mm complete the Exhibit "B" improvements has been posted with the Cou~lty to guarantee completion. No approval is given at this time for any boat ramps, boat docks, hoists, shoreline modifications or any other water oriented facilities. All such matters shall be handled separately by all governmental agencies with jurisdiction over waterfront development, at some future date. Any recreation center development other than that described on Exhibit "B" shall be the responsibility of the property owner's association which owns and has the beneficial use of the center. 6.1 SECTION VI PLATTED LELY BAREFOOT BEACH UNIT ~1 TRACT C: LANDSCAPED ENTRANCE DRIVE STRIP PURPOSE The purpose of this Section is to establish development regulations for Platted Lely Barefoot Beach Unit ~1, Tract C: Landscaped Entrance Drive Strip. 6.2 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: (1) Ornamental project entry features: (2) portions of, or facilities related to the gatehouse complex; (3) docks, which may extend from Tract C into the adjoining water, subject to the a~ailability of dock construction permits. B. Accessory Uses: (1) Customary uses and structures. (2) Signs as permitted in Section 8.31 of Ordi- nance 82.-2. -20- 7.1 SECTION VII PLATTED LELY BAREFOOT BEACH UNIT BEACH GARDENS A through K PURPOSE The purpose of this Section is to establish development regulations for Platted Lely Barefoot Beach~Unit #1, Beach Gardens A through K. 7.2 USES PERMITTED No building or structure, or part thereof, shall be erected altered of used, or land used, in whole or part, for other than the following: A. Principal Uses: Each beach garden area shall be owned and used in common by the owners of the abutting single family homesites. Permitted improvements include land- scaping, swimming pools, shaded sitting areas, picnic facilities and the like. All structures lying seaward of the State Coastal Control Line require issuance of a variance by the State Department of Natural Resources. 7.3 MINIMUM SETBACKS No specific setback standards are set for the struc- tures and facilities which are ancillary to permitted recreational and ornamental usage of the beachfront commons sites, but all structures to be erected within the beachfront commons shall be located so as t~ pose the least possible view obstruction or privacy invasion -21- to residential sites adjoining the commons. Prior to improvement of a beachfront commons, the improvement plans including topographic modifications, structural facilities location, landscaping, etc. shall be ap- proved by the Community Development Administrator who shall insure that the plans comply with the terms of the PUD ordinance and applicable other go'ternmental regulations. -22- 8.1 SECTION VIII PLATTED LELY BAREFOOT BEACH TRACT BF: BEACHFRONT COMMON OPEN SPACE PURPOSE The purpose of this Section is to establish development regulations for Platted Lely Barefoot Beach Unit #1, Trac'c Bt:. 8.2 USES PERMITTED No building or structure, or part therqof, shall be erected, altered, or used, or land used, in whole or part, for other than the following: A. Principal Uses: No structures are permitted. This beachfront strip of land shall be devoted to customary beachfront recreational usage. -23- 022,,,! 407 SECTION IX TRACT D: LOW DENSITY SINGLE FAMILY RESIDENTIAL DEVELOPMENT 9.1 PURPOSE The purpose of this Section is to establish development regulations for the ~rea indicated on Exhibit "A" as Tract D: Low Density Single Family Residential. 9.2 MAXIMUM DWELLING UNITS A maximum of four single family dwelling units may be constructed in this tract. 9.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, or land used, in ~hole or part, for other than the following: A. Principal Uses: Single family residences. B. Accessory Uses: (1) (2) (3) Customary .accessory uses and structures including ~rivate garages. Signs as permitted in Section 8.31 of Ordi- nance 82-2. Model home~ shall be permitted in conjunction with development and sale of the project. Model homes shall be converted to private -24- .mm mlm 9.4 REGULATIONS 9.4.1 9.4.2 9.4.3 residences within two years of construction completion, unless otherwise specifically approved by the County. 9.4.4 GENERAL: All yards, setbacks, etc. shall be in relation to homesite boundaries. MINIMUM LOT AREA: 6,000 square feet MINIMUM LOT WIDTH: 60 feet MINIMUM YARDS: Ao Yards which abut Lely Beach Boulevard: 25 feet, which minimum yard is also an easement in which utilities, walkways, etc. may be installed. Yards which abut an access drive right-of-way which extends westerly from Lely Beach Boulevard: 10 feet Co Yards which abut an adjoining homesite: 7) feet Yards which .abut beachfront common open spaces: none. Eo Gulf front yards: no structure may extend gulfward of the line approved by the Trustees of the Internal Improvement Fund as a Vari- ance to the State Coastal Setback Line, approved by the Florida Department of Natural -25- 9.4.5 9.4.6 9.4.7 9.4.8 Resources (Governor and State Cabinet) on 12/17/74. MININUM FLOOR AREA OF PRINCIPAL STRUCTURES One story- 1,200 square feet of living area, exclusive of garages or unenclosed patios, decks or porches. Bo Two story- 2,000 square feet of living area exclusive of garages or unenclosed patios, decks or porches. OFFSTREET PARKING REQUIREMENTS Two parking spaces per single family residence. MAXIMUM HEIGHT Two stories above the minimum base flood elevation irequired by the flood elevation ordinance. 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 purposed, that underbuilding area shall not be deemed to be a story. STRUCTURAL REQUIREMENTS FOR RESIDENCES Special structural requirements designed to protect beachfront residence 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-V 40. These -26- construction standards shall be applicable to all residences developed in Tract D. ~oo~ SECTION X TRACTS Ei-PT-G~ H, AND I SINGLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT 10.1 PURPOSE The purpose of this Section is to establish development regulations for the areas designated on Exhib(t "A" as Tracts E~-~T-G~ H, and I: Low to Mid-rise Single or Multiple Family Residential. 10.2 SITE PLAN APPROVAL REQUIREMENTS "6 2.7 See Section 2.5~ ~. , A.---~a-~ke-evee~-aa-ea~(we-~wae~-4s-~e-b)-deve)eped-as a-u~f~e~-pwe~e~-a-de~a~e~-a~-d~meRs~e~e~-s~e eumbew-ef-dwe~R§-u~s~-weadways~-~w~ves-aRd pa,~,g-aFea~-me~wea~(e~-~a~(l~+es~-ana-e~Me, a~eessewy-uses-aeU-s~eee~uwes-sMa~1-~e-p~epawea ge);(ee-Geua~y-a§eRe4es~-pw(e~-~e-~Me-~ssuaeee-e~ be~ld(~g-pewm(~s.--)he-s+~e-plae-app~eval-pee~ess g~a(Raaee-a~-~Me-~(me-s~e-plae-appweval-(s seugh~, ..... B.---~R-~he-eveR~-~ka%-a-bwas~-&s-~e-be-&eve~epe~-(R feae~+eRal-paw~s~-eaek-pa~eel-aevelepe~-skall subm~-a-de~a~ed-aad-d4me~s~eeed-s~e-p~a~-~e app,ep~a~e-Ge~ew-Geu~y-ageRe~es~-~e~a~e§ bu4~d~eg-~ypes-aad-~eea~ea~-eumbe~-e¢-dwe~e§ uR~ksT-~eadways~-dPSves-aRd-paPk~R§-aPeas~-PeePe- -28- mm s~ue~uwes~--Pw~ew-~e-appwev~ag-~e-deve~apmee~ ~s~e~-P~aa-ae~-ee§u~a~ees~-aRd-e~ew~app~ab~e geua~-ewd~aeees~--~be-s~e-p~a~-appweva~-p~,eeess ~wa~aae~e-a~-~e-~me-s~e-p~an-app~eva~-~s 10.3 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 follo,ing: A. Principal Uses: (1) Detached single family residences. (2) Attached single family residences such as villas, zero lotltne homes, cjuster homes, townhouses, etc. (3) Two family residences (4) Multiple family residences (5) Common recreational areas B. Accessory Uses: (1) Customary uses and structures (2) Signs as permitted as per zoning ordinance in effect at the time permits are required or requested -29- (3) Model dwelling units shall be permitted in conjuncticn with the promotion of the proj- ect. Such model dwelling units shall be converted to privately owned dwelling units at the end of a two year period unless otherwise specifically approved by the County. (4) Docks, either individual or common 10.4 MAXIMUM PERMITTED DWELLING UNITS ).ae~-Ee ............ ;~ae~-G? ........... .99-s~%~s Tract H: 77 units Tract I: 30 units The maximum number of dwelling units permitted on individual tracts E~-~-G~-~-a~d-~-may-be-~.e~ease~-e~ dee~eased-by-½0%~-p~ev~ed-~ha~-the-g~ess-p~e~ee~ awe%~dRg-ue~-ma~mum-ef-69g-~we%%~eg-ua~s-~s-.e~ e~eee~e~ H and I may be tncreased~ provided that the gross project dwelling unit maximum of 690 units is not exceeded. 10.5 REGULATIONS 10.5.1 GENERAL: All yards, setbacks, etc. shall be in relation to the individual tract or parcel boundaries. 10.5.2 MINIMUM LOT AREA: 6,000 square feet for detached single family dwellings -30- mm mm mm 10.5.3 10.5.4 4,000 square feet per dwelling unit to two family structures 3,000 square feet per dwelling unit for three or more dwelling unit structures MINIMUM LOT WIDTH: 60 feet for single family dwellings; 100 feet for two or more family dwellings; MINIMUM LOT YARDS: Yards which abut Lely Beach Boulevard: 25 feet. Required 'ards abutting Lely Beach Boulevard are also easements within which utilities, walkways, etc. may be installed. Yards which abut a public or private.street right-of-way other than Lely Beach Boulevard: 10 feet or 1/2 the building height, whichever is greater. Yards which abut an adjoining homesite: 7½ feet or 1/2 the building height, whichever is greater. De Yards between adjoining buildings on the same site: 15 feet or 1/2 the sum of the building heights, whichever is greater, except that in the case of cjustered development wherein the site plan has been approved by the appropri- ate Collier County agency, separation between buildings may be less. Yards which abut beachfront comm.~n open space: none. -31- 10.5.5 10.5.6 F,---Gu~f-feeet-ya~dae-ee-st~uetu~e-may-e~te*d §u~Cwa~d-ef-the-~iRe-app~eved-by-the-~us~ees e~-~he-tetewea~-tmpwevemea~-~ua&-as-a-vaw~- aeee-~e-~he-S~ate-geas~a~-Se~ba~k-E~ee~ appweved-by-~he-~ee~&a-gepa~tmea~-e~-Natuwa~ Reseu~ees-{Geve~e~-a~d-$~a~e-gab~et½-e~ GF. Waterfront yards other than gulf front: 30 feet or 1/2 the building height, whichever is greater. Rear yards other than waterfront: 25 feet or 1/2 the building height, whichever is greater. MINIMUM DWELLING UNIT FLOOR AREA: Each residential unit shall have a minimum floor area of 1,200 square feet. MAXIMUM BUILDING HEIGHT: Ao Tract ET-Gt-amd H: four habitable floors, with the option of having one floor of parking and associated non-habitable utilitarian space beneath the first habitable floor. ep~lee-ef-~av~ag-eae-f;ee~-ef-pa~k~ag-a~d assee~a~e-~eR-hab~ab~e-u~aP~aR-spaee beReath-~he-~ps~-hab~%ab~e-f~ee~. GB. Tract I: two habitable floors, with the option of having one floor of parking and -32- mm mm associated non-hab(table utilitarian space beneath the first habitable floor, l 10.5.7 OFFSTREET PARKING REQUIREMENTS: As required by Collier County regulations in affect at the time permits are sought. 10.5.8 STRUCTURAL REQUIREMENTS FOR BEACH FRONT BUILDINGS: Special structural requirements designed to protect beachfront buildings from storm tide or 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-V 40. ~hese-eea- s~eR-s~a~da~s-sha~-be-app~ab~e-~e-a~ bu~%~gs-deve~eped-~e-~ae~s-E~-F~-and-G~ ½9,~,9 .... MA~tMUM-B~IEB~NG-GOVERAGE-(N-)RAG~$-Ei-F-&-G+ ~he-g~eu,d-eeve~a§e-by-peemd~ed-,es(de,~Sa% s~wu~,.es-+,-~wae~-E~-~-&-G-sMa%%-ee%-e~eee~-~Me ma~4mum-~es(de.~a~-s~ue~u~e-g~euRd-eeve~a§e-(~ ~he-same-beaehf~eR~-deve~epmeR~-s~p-w~-was pe~m~e~-uede~-the-Pgg-deeumea~-wh~eh-t.4s-PU~ med~es~--~e-pwev~eus~y-pe~m~t&ed-ma~aem-§weued eeve~a§e-by-~es~d~a~a~-bu~d~a§s-was-S~g~4sS square-Ceeb, ½g.6.½g---BEAGHFRgN~-GgRR~ggR~-W(~H~N-WH(GH-~WEEE~G-UN() GON$~RUG~(ON-tG-PRON(Bt~ED? Upe,-je(a~-de~e~m(ea~(ea-by-~he-geee~y-Ee§(eeew(e§ gepa~mee~-aed-~e-Ba~e~ee~-Beae~-p~eJee~-ea§(eee~ ef-~e-beaeh~wee~-~eea~(eas-w~(eh-awe-mes~ -33- BOOK suseeptSb~e-%e-e~e~{e.~-pass-bpeaW%hweu§~-e~-baYe G~f-e~-~e~See-~e-%he-aee~Fseu~h-aeeess-~ead a~d-sma~-sea~e-weewea~Se~-Cae~es-ma~-be p~aeed-~-~ke-eew~de~s-wh~eh-a~e-p~eh~b~ed-~wem SECTION XI TRACT LELY BEACH NORTH: SINGLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT 11.1 PURPOSE The purpose of this section is to establish development requlations for the areas designated on Exhibit A and Exhibit C, Tract Lely Beach North: low and mid-rise single and multi-family residential. 11.2 SITE PLAN APPROVAL REQUIREMENTS Site plan approval shall be in accordance with Sections 2.5~ 2.6) 2.7~ and require field inspection by County Environmental staff to assure compliance with Section 20. The Lely Beach North Site Plan Exhibit C prepared by Cogstal Engineerin9 Consul- tants shall be considered the conceptual site plan for this Tract. The site plan depicts building locations and alignments, unit distributions and number of floors to accommodate open corridors and 11.3 wide separation of unit cjusters. USES PERMITTED 10.3 USES ~ERMITTED No buildin9 or structure~ or part thereof~ shall be erected, altered, or used~ or land used, in whole or part for other than the following: -35- A. Principal Uses: {1) Detached single family residences. (2) Attached single family residences such as villas~ zero lotline homesp cjuster homes, townhouses, etc. (3) Two family residences (4) Multiple famil)' residences (5) Common recreational areas B. Accessory Uses: (1) Customary uses and structures (2) Signs as permitted as per zoning ordinance in effect at the time permits are required or requested Model dwellin9 units shall be permitted in conjunction with the promotion of the proj- ect. Such model dwellin9 units shall be converted to privately owned dwelling units at the end of a two year period unless otherwise specifically approved by the County. -36- mm mm m 11.4 MAXIMUM PERMITTED DWELLING UNITS TRACT: LELY BEACH NORTH 391 UNITS Of the total number of units at build-out~ 20% shall be located east of Lely Beach Boulevard. desired, units may be transferred to Tracts H or I. 11.5 REGULATIONS 11.5.1 GENERAL: All yards~ setbacks~ etc. shall be in relation to ~he indi¢idual tract or parcel If 11.5.2 boundaries. MINIMUM LOT YARDS: Ao Yards which abut Lely Beach Boulevard: 25 feet. Required yards abutting Lely Beach Boulevard are also easements within which Co utilities) walkways, etc. may be installed. Yards which abut an adjoining homesite: 7½ feet or 1/2 the buildinq height, whichever is greater. Yards between adjoining buildings on the same site: 15 feet or 1/2 the sum of the building heights~ whichever is greater, except that in the case of cjustered development wherein the site plan has been approved by ~he appropri- ate Coil!er County agency, separation between buildings may be less. Yards wh(ch abut beachfront common open space: none. -37- 11.5.4 MINIMUM DWELLING UNIT FLOOR AREA Each residential unit shall have a minimum floor 11.5.5 11,5.6 11.5.7 11.5.8 area of 1200 square feet. MAXIMUM BUILDING HEIGHT Tract Lely Beach-North: Six habitable floors with the option of havin9 one or two floors of parking and associated non-habitable utilitarian space beneath the first habitable floor. OFF-STREET PARK)NG REQUIREMENTS One and one-half paved parking spaces per unit and one-half space unpaved or left in native vege- tation set aside in reserve. MAXIMUM DEVELOPMENT COVERAGE The maximum development coverage (i.e. buildings~ 'parkin9 lots~ roadways and driveways) as measured by impervious surface area shall not exceed 40% of the available upland area. The available upland area is measured from the State CCCL and the west to the wetland jurisdiction line to the east, excluding the required 60' right-of-way for Lely Beach Boulevard. TYPES OF UNITS The type of residential unit (multi-family mid-rise to six habitable floors~ attached or detached villas, townhouses, etc.) shall be left to the developer provided that maximum coveraqe is not exceededt and that the environmental pro- tection standards are met. -38- mm mm m 11.6 SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS All activities in this tract shall be in accor- dance with construction~ native habitat pro- tection~ dune preservation and wetland preser- vations regulations listed in Section XX. -39- SECTION XII 12.1 ~RAGT$-K-&-Ee-GOMMUN(T¥-REGREAT~gN-AREA; TRACT: ACTIVE COMMUNITY RECREATION AREA PURPOSE 12.2 The purpose of this Suction is to establish ~tevelopment regulations for the area designated on Exhibi'~ "A" as T~ae~s-K-&-E~--GemmuR~y-Re~ea~e~-A~ea~ T,'act: Active Community Recreation Area. USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, or land used, in ~hole or part, for other than the following: A. Principal Uses: 'gemmuR(~y-~eewea~&ee-usag wh+eh-w(ll-aeeemmeUa~e-~e we~ea~eRa~-ae~v~esi- Cae~est-pawk~eg-a~d-e ees~emaw~ly-assee~a~ed-w~ a~ea~.--P~e~-~e-develepm aed~ew-~-deve~epmeR~-p~a aRd-appweved-by-~he-app~e a§eee~es~--wht~h-sha11-~ use$-aed-~he~-phys~eal-aw~a,§emee~-~s- a~e~-aed-~ha~-app~ieable-geaR~y-,e§ala~ eem@l~ed-w~h~--~he-s~e-plaR-app~eval- shal~-be-~ha~-wh~h-~s-se~-few~h-~e-the 9wd~eaaee-at-~he-~me-s~te-plae-app,eva seu§h~ mma~y-see~al-aRa eu~dee~-we~wea;.+e~ ~h-eemmua~y-~,ePea~ee eR~-ef-Pee.ea~eR-aweas-~ Rs-sha~-be-su~m~ed-~e pw~a~e-gel~ew-geuaky su~e-~ha~-~he-~Pepesed ~eas-awe ~wesess -gea~R§ -40- ~ommunity recreation usaqet including butldtn~ which will accommodate community~ social, and recreational activities; outdoor recreation facilities; parkin9 and utilitarian facilities customarily associated with community recreation areas. Prior to development of recreation areas, development plans shall be submitted to and approved by the appropriated Collier County agencies, which shall insure that the proposed uses and their physical arrangement is appropri- ate, and that applicable County regulations are complied with. The site plan approval proces~ shall be that which is set forth in the Zonin~ Ordinance at the time sit=- plan approval is sought, in accordance with Sections 2.5~ 2.6~ 2.7 and 20. B. Additional Permitted Uses - Tract: Active Community Recreation Area may be used for the active recreational facilities (e.g. tennis courts) swimming pools, etc.) for residents living at Lely Beach North and Lely Beach South. No residential structures may be built in this tract. Provided maximum tmper- vious surface and other land use requirements are met, this tract may also be used to meet the offstreet parki, pg requirements for adjacent residential units located in Lely Beach North dr Lely Beach South tracts. Co Docks~ boardwalks, observation piers or similar over water structures - No approval is given at this time for any boat ramps, boat docks, hoists, shoreline modifications or any other water oriented facilities. All -41- A25 12.3 12.4 12.5 12.46 such matters shill be handled separately by all governmental agencies with Jurisdiction over waterfront development, at some future date. SPECIAL CHARACTERISTICS OF REVISED TRACTS Tract: Active Community Recreation Area~ iA located at the site of former Little Hickory Pass. The existence of the former Pass~ the well-developed back-barrier channels converging at this point, and the site's low elevation result in a high potential for island breachment durin9 a major coastal storm. MAXIMUM BUILDING HEIGHT Two habitable floors. MAXIMUM DEVELOPMENT COVERAGE The maximum development coveraQe (e.g. buildings, parking lots, roadways, d.Fiveways~ etc.) as measured by impervious surface area~ shall not exceed fortX percent of the available upland area. The available upland area is measured from the State CCCL in the west to the wetland Jurisdiction line in the east, excluding the required 60 foot right-of-waX for Lely Beach Boulevard. MINIMUM YARDS Yards which abut Lely Beach Boulevard: 25 feet, which minimum yard is also an easement in which utilities, walkways, etc. may be installed. -42- mm Il Bo Gulf front yards: no structura may extend gulfward of the ~e-app~eYed-by-~e-)~us~ees-e~-~he t~e~a~-(mp~eveme~-Fu~U-as-a-Ya~(aRee-~e-~he $~a~e-Geas~a~-Se~baeW-E(~e~-app~eved-by-~e F~e~da-~epa~meR~-e~-Na~u~a~-Reseu~ees-(Geve~e~ aea-$~a~e-Gab(ee~-ea-½~-½7-74, State Coastal Construction Control Line. t2.67 OFFSTREET PARKING REQUIREMENTS As required by the Collier County Zoning Ordinance at the time permits are applied for. [2.68 POLLING PLACES TO BE PROV'DED Upon request by the Collier County Supervisor of Elections, community recreation facilities shall be made available as polling places. 12.9 SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS All activities in this tract shall be in accor- dance with construction~..,native habitat pro- tection~ dune preservation, and wetland preserva- tion regulations listed in Section XX. -43- ISECTiO~ i' 'X*III TRACT: LELY BEACH SOUTH 13.1 PURPOSE The purpose of this Section is to establish development requlations for the areas designated on Exhibit "A" as Tracts Lely Beach South: 'low to mid-rise, single or multi-family residential. 13.2 SITE PLAN FOR REVISED TRACT The Lely Beach South site plan (Exhibit D) pre- pared by Coastal Engineering Consultants shall be considered the conceptual site plan for this tract. The site plan depicts development corri- dors (fixed), preservation areas (fixed)~ Lely Beach Boulevard (fixed)~ and development foot- prints (flexible with respect to building location and alignment within Jevelopment corridor~ unit .type and distributton~ and number of floors~ · provided that the specific tract and corridor development conditions are met). SUB AREAS WITHIN LELY BEACH SOUTH Lely Beach South has been divided into eight sub-areas; four development corridors labeled DC-1 through DC-4 on the Lely Beach South site plan and four preservations areas as labeled. These sub-areas restrict development to specific corridors based on island characteristics and prohibit development elsewhere. Their p.urpose is to maximize retention/restoration of native -44- coastal barrier habitats and to provide for storm surge/breachment channels. 13.3 13.4 SITE PLAN APPROVAL REQUIREMENTS Site plan approval shall be in accordance with Section 2.6, 2.7 and Section XX An entire development corridor is to be developed as a unified project and may not be fractionalized. 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 following: A. Principal Uses: So Detached stng!e family residences. Attached single family residences such as villast zero lotline homes, cjuster homes, townhouses~ etc. Two f~mily residences. Multiple family residences. Common recreational areas. B. Accessory Uses: Customary uses and structures. Signs as permitted as per zoninQ ordinance in effect at the time permits are required or requested -45- 13.5 Model dwelling units shall be permitted in conjunction with the promotion of the project. Such model dwelling units shall be converted to privately owned dwellin9 units at the end of a two-year period unless otherwise specifically approve'd by the County. MAXIMUM PERMITTED DWELLING UNITS DC-1 60 DC-2 15 DC-3 12 0C-4 10 j TOTAL 97 The maximum number o~ dwelling units permitted on individual corridor~,,.may not be increased. Dwellinq units may be transferred to Tracts H and I. 13.6 REGULATIONS 13.6.1 GENERAL: All yards~,,,setbacks, etc. shall be in relation to the individual tract or parcel bound- aries. 13.6.2 MINIMUM YARDS Ao Yards which abut Lely Beach Boulevard: 25 feet right-of-way. Required yards abutttn9 Lely Beach Boulevard are also easements within which uttltties~ walkways~ etc. may be installed. -46- 13.6.3 13.6.4 13.6.6 mm B. Yards wki~h abut beachfront common open space: none. Waterfront yards other than Gulf front: 30 feet or one-half the building height, which- ever is greater. D. Rear yards other than waterfront: 20 feet or one-half the building height~ whichever is greater. MINIMUM DWELLING UNIT FLOOR AREA Each residential unit shall have a minimum floor area of 1~200 square feet. MAXIMUM BUILDING HEIGHT A. DC-3 and DC-4 five habitable floors~ with the option of having one or two floors of parking and' associated non-habitable utilitarian space beneath the first habitable floor. B. DC-1 and DC-2: Six habitable floors, with the option of having one or two floors of parking and associated non-habitable utilitarian space beneath the first habitable floor. OFFSTREET PARKING REQUIREMENTS One and one-half paved~ one-half unpaved~ land- scaped or left in native vegetation set aside in reserve. -47- 13.9 13.10 MAXIMUM DEVELOPMENT COVERAGE The maximum development coverage (e,§. buildings, parking lots~ roadways, etc.) as measured by impervious surface area, shall not exceed: DC-1 50% DC-2 50% DC-3 45% DC-4 35% Percent measurements shall be based on the avail- able upland areas within the particular develop- ment corridor from the state CCCL to the west and the ~-~etland Jurisdiction ~ine to the east, excluding the required 60 foot right of way for Lely Beach Boulevard. TYPES OF UNITS The type of residential units (multifamil¥ mid-rise to six floors~ attached or detached single family villas~ townhouses, etc.) and their individual development corridors shall be left up to the developer provided that the maximum unit number and development coverage specified for each corridor are not exceeded and all construction and environmental protection standards are met. 11.13 SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS All development in this tract shall be in accor- dance with construction, native habitat pro- tection~ dune preservation and wetland preserva- tion requlations listed in Section XX. -48- mm 14.1 14.2 14.3 SECTION XIV PASSIVE COMMUNITY RECREATION AREA PURPOSE To provide special development standards within this area of dense, undisturbed native habitats. Its low elevation and the fact that it is sur- rounded by wetlands and bay waters~ makes land alteration highly undesirable. LIMITED USES Because of its ecologically valuable and environ- mentally sensitive characteristics, this Tract will be used as e passive community recreation site (e.9. nature trails~ boardwalks, etc.). No residential units will be permitted in this Tract. The location of some limited, low impact recre- ation facilities may be possible near the northern end of this tract provided that they are placed in the open or low plant cover corridors and that the total impervious acreage does not exceed 10 percent of the available upland area (outside of wetland jurisdiction lines), there shall be no hardening of the Bay shoreline (e.g.~ seawalls~ riprap). Site plan-approval per Sections 2.5~ 2.6, 2.7, and 20 shall apply. NATIVE HABITAT PROTECTION AND RESTORATION A. The entire site shall be cleared of all exotics and be maintained exotic free by the developer or homeowner association. -49- 022 433 Recreational buildings~ parkin9 lots~ water management facilities other than discharge points will be located in open or low plant cover corridors. Native species shall be retained as natural landscapin9. Where native species must be removed to allow for the construction of a building, parkin9 area or the like~ they shall be transplanted to open areas.. Open .spaces between any facilities shall be landscaped with retained and transplanted native vegetation and supplemented with additional native species. The objective of landscapin9 shall be to re-create natural coastal barrier habit,ts that have been lost to exotic invasion and storm events. D. All activities in this tract shall be in accordance with any other appropriate environmental protection standards listed in Section XX. -50- mm m mm SECTION X~XV TRACT J: UTILITY SITE ½½15.1 PURPOSE The purpose of this Section is to establish development regulations for the area designated on Exhibit "A" as Tract J: Utility Site. ½½15.2 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: Utilitar(an facilities such as grounds maintenance equipment storage; utility pumping stations; water storage tank; vehicu- lar parking; or similar project serving facilities. Prior to utilization of Tract J, the plan for its utilization shall be submit- ted to and approved by the appropriate Collier CounLy Agencies, which shall insure that the planned uses are appropriate on the site; that the location of the planned improvements is appropriate; and that if the facilities t~ be installed warrant screening, the necessary fencing and/or landscaping is installed. SECTION X~(XVI TRACTS M,,N & O: MANGROVE PRESERVES 126.1 PURPOSES The purpose of this Section is to establish development regulations for the area designated on Exhibit "A" as Tracts M, N & O: Mangrove Preserves. [~6.2 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: Natural area preservation. No land modification or structures are permitted. 16.3 DEEDING OF TRACT Mr N AND 0 Mangrove wetland tracts Mt N~ and 0 along with their associated open water bottom lands shall be deeded to the State to ensure uniformity of resource management and protection for th~ estuarine system of Little Hickory Bay. -52- mm Im mm SECTION XIVXVII EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS ½417.1 PURPOSE The purpose of this Section is to set forth the County Subdivision Regulations which are waived or modified in connection with the platting of the Barefoot Beach Subdivision. ½417.2 EXCEPTIONS Article X, Section 16 - Sidewalks and Bicycle Paths: A 5 ft. wide sidewalk/bicycle path shall be constructed along the west side of the principal north/south access road. Article X, Section 19 - Street Name Markers and Traffic Control Devices: Street name signs shall be approved by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be subject to County Engineering approval, but need not meet standard County requirements. Article X, Section 24 ~ility Casings The requirement that utility casing be installed at intersections is waived. This waiver is granted provided that the installation of subsur- face construction such as water lines, sewer lines -53- and public utilities is completed prior to com- paction of the subgrade and roadway construction. Article XI, Section 1 - Access Points of vehicular access to lots shall be located a minimum of 30 feet from any intersecting street right-of-way lines. Article XI, Section 10 - Monuments: Monuments which are placed within street pavement areas need not be installed in a typical water valve cover, as prescribed in the current County Standards. Article XI, Section 16 - Solid Waste Collection and Handlin9 Facilities: The developer shall not be responsible for garbage ~eceptacles at individual residences or multi-famil) structures. Article XI, Section 17 - General: Fo Street Right-of-Way Widths and Alignment Request waiver of minimum 60 foot width to allow implementation of Section 20.2.5 upon approval of the County Engineer. Ho Dead-End Streets: The requirement that dead end streets not exceed one thousand (1,000) feet in length is waived. Curb Radii: Edge-of-pavement radii at street intersections shall be a minimum of 30 ft. mm -54- mm I SECTION ~VXVIII UTILITIES CONDITIONS ½618.1 PURPOSE The purpose of this Section is to set forth utilities conditions established by the Collier County Utilities Division. ½618.2 WATER & SEWER ½518.2.1 Central water distribution and sewage collection 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 required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, 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's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. -55- ½~18.2.2 All construction plans and technical specifications and proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. ½618.2.3 All customers connecting to the water distribution and sewage collectioh facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer 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 facilities are available to serve the project. For interim utility systems, a review of the proposed rates and subsequent approval by the Board of County Commissioners ,rust be completed prior to activation of t~e water and sewer facil- ities servicing the project. Rate review must be 'in full compliance with County Ordinances No. 76-71 and 83-18 as amended, revised or superseded. 3618.2.4 It is anticipated that the County Utility Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position 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-site treatment facilities and/or interim on-site sewage treatment and disposal facilities i' -56- ½618.2.5 Edequate to meet all requirements of the appropri- ate regulatory agencies. An agreement shall be entered into between the County and the Owner, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: The proposed water supply and on-site treat- ment facilities and/or on-site wastewater treatment and disposal facilities,.if required, are to be constructed as oart of the proposed project and must be regarded as interim; they shall i,e constructed to State and Federal standards and are .to be owned, operated and maintained 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 distribution and/or sewage collection, transmission and treatment facilities into service the Devel- oper shall submit, to the Collier County (Utility Rate and Regulation Board) for their review and approval, a schedule of the 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 sewer facilities are available to serve the project. b) Upon connection to the County's Central Water Facilities, and/or Central Sewer Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site -57- ½518.2.6 c) 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 Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's Cental Water and/or Sewer Facilities will be made by the owners, their assigns or successors at no cost the the County within 90 days after such facilities become available. The cost of connection shall include, but not limited to, all engineering design and preparation of construction documents, permitting, modifica- tion or refitting of ~ewage pumping facil- ities, internonnection with County central facilities, water and/or sewer lines neces- sary to make the connection{s), etc. At the time County central water and/or sewer Yacilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursu- ant to appropriate County Ordinances and Regu- lations in effect at the time: 1) All water and/or sewer facilities constructed in publicly owned right-of-way or within utility easements required by the County within the project limits and those addition- al facilities required to make connection with the County's central water and/or sewer facilities; or, -58- mm ½618.2.7 All water and sewer facilities required to connect the project to the County's central water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main interconnecting with the County central facilities including all utility ease- ments 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. The customers served on an interim basis by the utility system constructed by the Owners shall be customers of the County at the time when County central water and/or sewer facilities are avail- able 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 responsible for the water and/or sewer service billing for. the project. -59- ½618.2.8 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. ½~18.2.9 The Owners, their assigns or successors agree to pay all appiicable system development charges 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 building permits will be required prior to the start of building construction. ½618.2.10 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 con- struction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission 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 negotiated with the interim utility system serving the project. -60- mm m mmm ½518.2.11 ~ata required bndeP County Ordt'nance No. 80-112 showing the availability of sewage service, m~st be submitted and approved by the Utilities Divi- sion prior to approval of the construction docu- ments 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, ½618.2.12 If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control Distri-ct servicing the project area. -61- SECTION XV;XIX PROJECT IMPROVEMENTS ½519.1 PURPOSE The purpose of this Section is to set forth the phys- ical improvements which shall be installed by the developer or his successor in title. ½519.2 IMPROVEMENTS PEDESTRIAN BICYCLE PATH: A pedestrian/bicycle path shall be d~veloped along the westerly edge of the main north/iouth access road, at the time that the road is developed. The pedestrian/bicycle cart path may be located in part within the road right-of-way and in part within the drainage and utility easement which lies adjacent to the westerly edge of the road right-of-way. 'PRESERVATION OF EXISTING NATIVE PLANT MATERIAL; LANDSCAPE PLAN: LANDSCAPE IRRIGATION AND MAINTE- NANCE PROGRAM: A basic project objective is to retain the natural vegetative quality of this typical southwest Florida coastal area, both through careful preservation of existing good native vegetation and through relocation and/or importation of native plant materials. When construction sites contain cabbage palmetto, seagrape, or ot~er native plant material which has a useful landscape purpose and the capability of being transplanted, such material shall be trans- planted to the project open spaces. No modifica- tion shall be made to natural vegetation or to the land surface gulfward of the westernmost -62- mm ~esidential development sites. When the bayfront sites are developed, the existing shoreline and associated native wetland vegetation is to be retained in its existing state. No seawalls shall be constructed or other modification made to existing shorelines. Prior to the issuance of any alternation permits, the development sponsor shall submit detailed plans, including all pertinent data, to the Matural Resources Management Depart- ment for review and approval. Se~ee~ve-e~ea~(~g e¢-~ees-a~d-e~he~-~a~ve-vege~a~-~a~-~e e~e~e(sed~ Preservation areas, sensitive vegetation areas, where development is excluded~ protected trees, native v~-getation, and other dusirable areas that are to be integrated into the landscapin9 shall be clearly flagged or otherwise marked and a protective fence of a type acceptable to the Natural R~sources Management Department shall be erected along the limits of clearance lines or the limits of the protected areas. The ~ence shall not he removed until such time as all site work is completed. Co ROADS AND DRIVES: All project roads and drives, within approved t"ights-of-way, main north/south road, minor residential streets in the backbay portion of the plan, and the beachfront cjuster access drives, are to be commonly owned and maintained by the property owners' association. The construction specifications of project roads and drives shall be as follows: Main North/South Road: 26 ft. pavement width within a 60 ft. ,-ight-of-way, aligned as shown on the Master Plan. The PUD Master Plan indicates that the meandering north/south access road -63- extends from Bonita Beach Road to the south boundary of the project. Vehicular access to the state o~(ned lands south of the Barefoot Beach project is to occur via this north/south access road. )(o modification may be made to this road as planned which would interfere with access to the state o~(ned land to the south. Right-of-way width may vary per Section 20.2.5 upon approval of the County Engineer. Right-of-wa¥ location may vary up to 50 feet from either side shown on Master Plan Beachfront Cjuster Access ~rives: 18 ft. pavement width within a 5~ ft. right-of-way, aligned as shown on the Master Plan or on approved Site Development Plans. Backbay Roads: 20 ft. pavement width within a 60 ft. right-of-way, aligned as shown on the Master plan or on approved Site Development Plans. IImprovements in Bonita Beach Road Riqht-of-Way: The developer shall provide a left turn storage lane at the project entry road, per DOT design requirements, as part of the initial project I.oad improvements. An extra travel lane shall be constructed by the developer at the entry gate, permitting security checks without blocking traffic flow. If and when a traffic light at the entrance intersection is deemed warranted by DOT, the developer or his successor in title shall contrib- ute his pro-rata share to the cost of the light. -64- Do Recorded Private Access Easement Extending from Bonita Beach Road Through Barefoot Beach Lands: The recorded easement extending southerly from Bonita Beach Road through Barefoot Beach lands shall be vacated prior to approval of construction plans or record plat for any Barefoot Beach lots which are affected by said easement. Main North/South Road Construction Timing: The main north/south access road extending from Bonita Beach Road to the south line of the Barefoot Beach project shall be constructed by the developer, with construction completion occurring no later than June 4, 1989. Driveways and parkin9 lot access in Tracts LelX Beach North and Lely Beach South are.to be con- structed at the minimum possible width to enable optimum preservation of native vegetation. STREET LIGHTS: Street lights will be installed by the project sponsor in the locations indicated on the approved subdivision plan and/or approved Site Development Plans, as applicable. The project developer or the project property owners' asso- ciation reserves the right to install street lights at more frequent intervals. Street light fixtures shall be ornamental, low intensity, and free of glare which constitutes an nuisance to nearby homesites. STORMWATER MANAGEMENT: There shall be no project storm water collection and distribution facility which connects directly with tide water. Any drainageway crossing the north/south access road shall discharge into upland mangrove, through -65- Go which it shall sheet flow toward tide water. Detailed plan and specifications for all water management features within the project shall be submitted to and approved by the County Water Management Board as well as by any other govern- mental agency with Jurisdiction, prior to final plan approval. When development of back bay waterfront homesites or recreation areas occurs, no seawalls shall be constructed and no other modifications shall occur to the land at the waters edge or within ten feet of the mean high tide line except for such boating related improve- ments as may later be authorized by all govern- mental agencies with Jurisdiction. No portion of the project area shall be modified by an individu- al lot owner so as to drain directly to tide water. SIGNS AND OFFSTREET PARKING AREA LANDSCAPII(G: Collier County regulations dealing w~th signs and offstreet parking area landscaping shall be · applicable to the Barefoot Beach project. PUBLIC BEACH: Although not a part of this PCD project, the Barefoot Beach project sponsor has dedicated a tract of beachfront land to Collier County for public beach recreation use. The dedicated tract lies adjacent and immediately north of this PUD. The tract dimensions are 600 feet of gulf frontage by 180 feet in depth. The north Collier County line is the north boundary of the dedicated tract. In addition to the dedicated beachfront tract, the Barefoot Beach project sponsor has committed to dedicate a tract of land sufficiently large to accommodate a minimum of 100 offstreet parking spaces to serve the public -66- mm 'beach, and to construction the offstreet parking facility. Commitment is hereby made that the offstreet parking facility land dedication and physical improvement in accord with County approved plans will be completed no later than dune 4, [g86. WATER STORAGE TANK: PRESSURE PUMPING FACILITIES: If deemed necessary to meet County Utility Divi- sion requirements, but no later than at 75% completion of the proJcct as determined by sale of units, the Barefoot Beach development sponsor shall install water storage tanks and booster pumps in Tract "J", or elsewhere as directed by the Division in order to maintain.adequate pressure in the transmission main. -67- 20.1 20.1.2 SECTION XX SPECIAL ENVIRONMENIAL PROTECTION REGULATIONS COHSTRUCTION STANDARDS All construction other than those listed in 20.3 in Lely Beach North~.. Lely Beach South and Active Community Recreation Area shall occur landward of the State's established Coastal Construction Control Line. 20.1.3 The special structural requirements designed to protect beach front 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 20.1.5 20.1.6 other local) state and federal requirements in force at the time of construction~ those standards which offer the highest level of protection to residents shall apply. There shall be no hardening of either the Gulf or Bay shoreline (e.g. seawalls, groins~ riprap). Any shoreline stabilizations shall take place utilizing the planttn9 of native vegetation and/or the replacement of sand lost due to erosion. Structures shall be cjustered as conceptually shown on Exhibits C and D in order to retain larqe open space areas for native habitat re- tention/restoration and to keep open corridors for potential storm surge and island breachment. mm I mm mm mm 20.1.6 All available under-buildings areas (i.e.~ areas not required for stairwells~ ptltngs, etc.) shall be utilized in meeting County parking require- ments. At a minimump 30% of required paved parking ~paces shall occur under the buildings. 20.1.7 Structures shall be oriented in ways other than continuous shore parallel in order to reduce their exposure to storm waves and winds. 20.1.8 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 con- structed in open upland areas adjacent to wetlands provided their construction does not result in the loss of native t~abitats. 20.2 NATIVE HABITAT PROTECTION AND RESTORATION STANDARDS 20.2.1 The entire development site (including development, preservation, and open space areas) shall be cleared of all exotics and be maintained 20.2.2 exotic'free by the developer or homeowner asso- ciation. ~ Buildings, parking lots~ and other associated development facilities shall be located in devel- opment corridors characterized by exotic species or open and devoid of established native plant communities. Facilities are to be sighted outside the designated preservation areas oriented to avoid the clearinq of sensitive -69- vegetation and 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. 20.2.3 20.2.4 20.2.5 Extensive open space areas between residential unit cjusters and other development facilities shall be landscaped with retained and transplanted native vegetation and supplemented with additional native species. The objective of landscaping shall be to re-create natural coastal barrier habitats that have been lost to exotic invasion and storm events. To this end~ major landscaping areas shall be designed to replicate natural areas with respect to species composition and dis- tribution (e.g. overstory trees and native ground · ~over/shrubs). Since the objective of site planning and landscaping is to cjuster structures in order to leave large open space areas where native habitats can be retained/restored, in no case shall sodded areas exceed thirty percent of the tracts' pervious acreage. Right-of-way Clearing for Lely Beach Boulevard and Location of Paved Roadway: to maximize retention of native foliage, a forty foot right-of-way may be allowed on Lely Beach Boulevard when recommended by the Count~ Natural Resources Management Department and approved bZ the County Engineer. In addition~ where approved by the County Engineering Department, following recommendation by the Natural Resource Management Department~ the paved roadway shall be located within the right-of-way in corridor that is aligned to maximize the retention of the existinq native vegetation. 7O mm 20.2.6 Where required yards and setbacks Include native vegetation~ the vegetation shall be retained. 20.3 DEFINITION AND STANDARDS FOR DUNE PRESERVATION 20.3.1 ZONE PURPOSE A dune preservation zone has been designated on the revised master plan and included in the PUD document in order to htQhlight the importance of the Lely Barefoot Beach dune area in storm damage prevention and to emphasize the need for its restoration and strict protection. 20.3.2 BOUNDARIES The dune preservation zone shall run from the south line of Tract D to the south end of Lely 20.3.3 20.3.4 Barefoot Beach, and encompasses the entire area seaward of the State CCCL. PERMITTED ACTIVITIES WITHIN NEW TRACT The dune zone is set up soley for the restoration and protection of the Lely Beach dunes. For this reason only activities strictly related to this function are permitted. No development structures or facilities othe~ than dune crossovers are allowed. CONSTRUCTION STANDARDS Dune crossovers to be located within this preser- vation zone are to be designed and constructed according to standards of the DNR Division of -71- 455 20.3.5 Beaches and Shores. 'Dune crossovers shall end with stairs intersectin9 the beach Just seaward of the natural or restored veqetatton line. Ho excavation shall be permitted in this zone other than that required for the removal of exotics, the restoration of the dune zone, or the construction of dune crossovers. HATIVE HABITAT PROTECTION AND RESTORATION The entire preservation area shall be cleared of all exotics and be maintained exotic free by the developer or homeowner association. Exotic plant cleartn~ shall take place in concert with dune restoration activities. The dune preservation zone shall be restcred to replicate its natural form. Dune restora- tion shall be accomplished by and accordinE to a plan prepared by qualified and approved habitat restoration specialist. The dune restoration program shall consist of regrading the site (with the addition of supplemental sand where necessary) to dupli- cate natural southwest Florida dune profiles and plantin9 the foredune area with sea oats (no less than 80 percent cover) and other associate native foredune species (not to exceed 20 percent cover). Backdune areas can be planted with native backdune shrubs and trees in such a way as to replicate natural species distribution. Where native dune species existt they shall be retained or transplanted prior to grading and replanted thereafter. -72- 20.3.6 Di The habitat restoration specialist selected for the Job as well as the detailed dune restoration program and plans sha'll be reviewed and approved prior to construction by the Count'c Natural Resources Management Department. DEFINITIONS AND STANDARDS FOR WETLAND PRESERVATION ZONE Ao All jurisdictional wetlands located outside of Tracts M~ N~ and 0 are considered to be part of the wetland preservation zone. This designation highlights the importance of the wetlands and the need for their preservation. B. Trimmin9 and pruning of live wetland plants is prohibited without first obtaining appropriate federal, state~ and local approval. C. Land modifications or structures are prohibited within this Do zone except for nature trails or boardwalks. Jurisdictional surveys indicate a pocket of stressed wetland vegetation exists within the interior of Tract Lely 20.3.7 20.3.8 Beach North. It is understood by all parties that the Sections 20.3.6, A through C above~ do not apply to this isloated pocket. The Developer or his assigns may undertake steps to obtain State, Federal and County permits to fill this isolated pocket of wetland. Upon receipt of per~its this area can be utilized for building in accordance with Section IX requirements. All activities dealing with Section 20.3.1 through 20.3.6 will be coordinated through the Collier County Natural Resource Management Department during development. Contact concerning these development activites will be the responsibilit.~ of the developer. Effluent released by the sewage treatment plant will monitored by the developer. After buildout monitoring requirements shall be transferred to the Homeowners Association to assure minimum impact on Little Hickory Bay. Parameters to be monitored will be set by the Natural Resource Management Department and effluent standards in D.E.R. regulations. -73- 022- , 457 1~21.1 1321.2 SECTION XVtIXXI ENVIRONMENTAL ADVISORY COUNCIL STIPULATIONS PURPOSE The purpose of this Section is to set forth standard requirements of the E~vtronmental Advisory Council relative to site clearing, retention and reinforcement of native vegetation, elimination of exotic plants, and archaeological or historical site protection. Bo STIPULATIONS A site clearing plan shal: be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to Joincide with the development schedule. The site .clearing plan shall clearly depict how the final site layout incorporates retained native vege- tation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal, Native species shall be utilized, where available, to the maximum extent possible in the site land- scaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their revie~ and a~proval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of mm mB Do ~ite landscaping shall be the recreation of native vegetation and habitat characteristics lost on the site during construction or due to past activ- ities. All exotic plants, as defined in the County Code, shall be removed dur(ng 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 describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Develop- ment Division. If, during the course of site clearing, exca- vation, or other constructional activities, an archaeological or historical site, artifact, or other indication is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department of a designated consultant to assess the find and determine the proper colJrse of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely a~d efficient manner so as to provide only a minimal interruption to any co'nstruction al activities. -75- SECTION XXII PROTECTIVE COVENANTS AS PER O.R. 86g, Pages 19.'1 through lg71 -76- BAREFOOT BEACH - Exhibit E LEGAL DESCRIPTION: The subject property abuts the Gulf of Mexico on the west and the inland tidal waters of the state of the east. It extends in a north/south direction for approximately two miles and lies very near the northern Collier County line. The precise legal description is as follows: All land lying in Section 5, Section 6, Section 7, and Section 8, Township 48 South, Range 25 East, Collier County, Florida, lying west of the agreed upon boundary line as described and recorded in OR-Book 68, Pages 235 thru 250, inclusive, in the Public Records of Collier County, Florida, less and except the following described parcel: Begin at the northeast corner of SectiOn 6, T48S, R25E, thence run west along the north 1ina of said S'ction 6 a distance of 3,396.61 feet to a set GAC monument, thence continue to run west along said north line of Section 6 a distance of 80± feet, to the mean high water line of the Gulf of Mexico, thence run in a southeasterly direction along the mean high water line to the intersection of said mean high water line and a line bearing S71°38'14"W from a point located S81°21°46"E a distance of 704.53 feet from the above noted GAC monument, thence run N71°38'I4"E a distance of 80~ feet, to the above located point, thence continuing N71°38'14'' E a ~tst,~ce of [~0.[5 feet, t~emce 1~9'~7'~2'¥ ~ dJst~mce of 41.01 feet, thence N68°45'DO"E a distance of 580.00 feet, thence S67°01'27"E to a point 50 feet beyond and seaward of the mean high water line of-the small water body extending westerly from Little Hickory Bay, thence meandering northerly and easterly along a line 50 feet seaward of the mean high water line along lands abutting the south side of Bonita Beach Road (SR-865) to the east line of Section 6, T48S, R25E, thence north along the east line of said Sec- tion 6 to the point of beginning. -77- ,.,', .. /,~l~srl:l;fG /0.~.S69 PC ~111er County, Florida, described herein Bet demcrib~ pro~rty shall ~ held, sold, and convoyed sublect the [ill.lng restrictions, covenants, and conditi~l, vhl~ are est~llshed for the sole put.se of enhancing and protecting the value, at~ractiveness, and pleasant living q~ality of BAR~F~ B~CH. ~ese covenants shsll run ~lth land unless terminated as hereinafter set forth and shall bin~ng on all parties, vhether ~rantees, mortgagees, devisees, heirs, personat representatives, successors or assigns, or any other ~rson claiming right, title, or incerest, present or future, in the ~esctibea pro~rty, or any ~rt it ~tions DErlNITI~$t RI u~d h~tein the ~oll~ing definitions shall apply s DEVE~PER shall moan and re[er to ~ly Estates, Inc., a Taxis Cor~ration au~orizod to do business In Florida, ltl successors in ~nerlhip or its assigns. im ~" O. IL .,9 O.P. 867 ~G 1319 O~II;M shall ~n and refer to the record owner, whether one or ~re ~rsons or entities, of tho fee simple title to ~y real estate included ~lthin E~lbit 'B' a~tachod hereto ~e pertor~nco o~ an A. ~e first flor finished eX,varies for residential units t~a ~tton el th~ structural ~rl I~rttng the first finished il~r, vl~ ~e exception el piling, aha11 ~. ~e .truc~ures ~o~da~lon~ thereof and shielding laos Paragraph C) shall ~ designed by an engineer licensed in tbs State of Florida. Tho fo~datlon and principle structural Ihlll b~ designed Io lafalF ~lth~t~d the offeCtl of I hurricane lor~ rind of 110 ~h ~ctln9 at a point 30 (feet) ~ ~e a~r~g~ surro~ding ~d level as sst for~ in the latest edition ~ the Southe~ Building C~e, Sou~ern Building ~de ~ngre~l Intemational, Inc. struct~es shill bs pile s~rtad vit~ pile tips not lesl th~ clarifies ~n~ 15.0 fee~ ~s s~ratructure shall ~ directly lup~rted either ~ concrete piling or by ~ncrete ~1~. l~ the pilings ara directl~ ~n~ctsd ~ t~ s~rstr~tuce they ~hall extend ~lthout splice col~ shall ~ sup~rto~ ~ ~ncrete pile capl, the top elevltion of vhich shall ~ no higher than + 3.0 H.G.V.D., ~e pile caps shall ~ e~r~ed ~ ~ncrete piling. ~e suer- et~ct~e e~rt ~ers -- el~er col~e or piling -- shall h~ ~nim~ side di~nalonl of 12 inches, shall be desired to s~rt the pcevlously descri~ed'su~str~cture loads ~lned vl~ i lite,al 1~t o[ S,O00 !~. I ~e ll~ d[=nsion O~ the i ~/O.R. 869 PG 1!tG3 0.~ ~67 PG !320 The ·hove delcribod support itructuzo Ihell be no closer to- gether t~an ? feat clear distance. C. All ahicldin9 ·tructure· baler the level of elevation +13.0 Mean Sea L~v~l shall be fr·ngtbla end designed to blow out at · wind lead of 90 m~h. Fastenings shall be designed to fail when ~ho surfaco ia s~ect to a ~ifo~ load o~ 40 lbs. per equate foot. s~ructure ~at ~he s~ructure has ~n designed tn sccordan~ ~mi~ ~a~ Force ~alyni8 porior~d by the ~part~t of Natural Resources, B~rea~ el ~achol and Shores, recorded and attached hereto as E~lbit ~C'. E, ~eso restrictions shal~ apply to al~ residential buildLngs and othez structures of similar design life located within the area described In E~lbit F, ~er~ shall ~ no excavation seaward of the Conceal Con- struc~ion Setback Line which~uld reduce the exintinq ~rom~d d~es rtdTes. This restriction shall eot preclude excav~tion ior pile foundations, utlll~les~ Or non-~r~nent excavatl~s. G. ~d[tlona~ deed restrictions which are not inconsistent with the a~ve coven~ts and do not l~er the stand~rds established by ~hese restrictions shall ~ot ~ precluded. H. Ho cons~ruccion shall ~ permitted seaward of the property d*scrib~ la Exhibit ~B", or In those areas held In ~erlhip lyin9 vest of the ~altal Construction Setback Line. In ~a avant that the ~alt~l Conetruction Setback Line established In Collier County ~rluant to Section 161.053 Florida Statutes, shall bo repelled by legislation or dete~in~ un~nstitutio~al or invalid by any Court of co~etent ~urisdic- lion sad such d(]ter~lna~ion hal b~co~o final ~nd not subject to further ~vdicial farleY, the covenants and heze~n s~ ~y b~ ~bandoned by sn i~t oia ~aJority of thl of ~h~ l~nd s~t forth In Exhibit L v' O.R. 859FG ! O.R. 8~7 ~ only [~ approved in writing by tho florida approved by the HODIFICATION or COV£NA~TSI T~ DL~OF~R hereby reserves the right to ~ke reasonable ~ific~tionl to these c~enantm, except for Sections Il, A thr~qh Z /nclumive a~ this section, changes, so that l~ ~y ~er assure the protection of th~ vllu~, demirablltt) and Ittractivonemm of tho mu~lvision. Them~ c~enantn are luppleMntal to and lnde~ndent of any zoning, zonin9 change ~rntttg ~ th~ County shall In any way ~ con- strued to r~uco or ~lfy t~ covonantl contained herein. IV ~CKPT~CE OF COV~N~T~ By ~ ~l ~Ch ~ER. by ~ccop~- lfl9 In ln~eres~ in mny lot. here~ mild thereby iqrees ~nd by all the conditions, liuitttions, reservations, and iqrees to pay ~11 costs, incl~ln9 a relishable et~orney*s for ~he enforc~nt of these covenants. v five (5) ~ers shall have the right to proce~ e~lty to ~1 c~lianc~ vlth t9 ~ hereof or to preven~ th~ violltion or breach of ~ay of t~em. T~e failure to enforce any right, reservstion, reltrlctlon~ condition or limitation ~liver of ~e rLq~t ~o do so ~e~after. The lnvsllda~lon by 022 464 O.R. ~? p~ !:l~ a court of any covenant heroin ¢omta£nmd shall not in amy way affect any of the other covonlntiw which shall remain in full force and effect. A~y delinquent Ot~ER agrees to pay a reasonable attorney foe for tho enforcement of those use VI This Declarat~ of Prot~t~ve Covenants aha11 be incor~ra:ed ~n any Declaration o~ C~eomlni~ ~rta~n~ng to the real estate included ~lthtn ;~htbit VII Each o~or o~ the pro~rty lea~ar~ cE the Coastal Construction Set~ack Line ahal~ notify the $~te of Florida, :e~rt~nt of Natural Rea~rcoa~ ~n kr~ing o~ the ~tent to build any structure .oa~ard o: the Coastel Construction So,ack ~ine~ not less than 15 days prior te the c~nce~nt et such construction. This notice I~all be acco=pantl~ ~ t~ ~eta o~ construction plans and e~catlonl ;or the pr~sa4 etructuras~ cattY,iai ~ accor~nca ~lth ~ecti~ ~ D o~ the~ covenants VIII T~ese ~nded D~larationl arm intended to replace those ~lara:l~ cE Protective Cov~antm ~ted the 7th ~y o~ AprlZ. 1971 and flied ~ O[ficial Record ~k 74~ pages 1699-1707 of the P~lic Records of Collier :o~ty, Plori~. IN NZ~SS ~E~OF, ~L~ ~TATBS~ INC., has caused this ~nded D~laratl~ o~ Protec:~ve Covenants to bo s~od by its duly authorized officer and its cogitate ~al affixed hereto thll .,,, / day of ./~,l,~ , 1910.  stian W. Duvekot Vice-President (CORPORATE SKAL) L IBm Ii 869PG I'" O.P,. 867 PC STATE OF FLOR!DA COUNTY O£ COLLIER ! HlCR~BY CERTIFY that on ~htl day, ~foro me, i Notary P~I~e duly ~utho~zad ~fl tho State and County named a~vo Dec%station o~ ProtectSve Covanante ~n the na~o o~ and that ~uporat ion. ~l~S my hand and oi~letat seal ~n the county and state a~ve thio ~ day of ?) ;.,,. , 19 J~: . ...,. ~.~ :.. ,~.. .... ~;.i~ ..'. / NOTARY PUBL%C My comlul, ea),on oxp~LFeBI. O.R. I~"/PG 13",I ~o~dar¥ L~no a~ described and r~eord~d ~ O.R. lOOk gl. Paffoe ~33 through oppu~tonant tk~roto~ ~ ~k~ok ~or~o a part o~ t~o bonito Road, ao~e botnl SR g-~$~.- .... ta~ On~ o~ Oho Po~o L_ /' 0.R. 869 PG 0.R. 86? Ptl ' 13~ STXHI£Y W. HaLr AND ASSOC.. INC. ° OTY~n, TI~G .ca! D~nct~ption of Area encce~pallc'd ~:ndcr thn ~XHIDZT C~nc/ng It tho I~rtho~t ~rfler of Seck~on ~ ~. lis ~O. th~nco run N 0~'4~'01' ~ A~ong tho north line of sold Section G ~or 3,396,61 feet to a concrete ~nvmeflt Mrked '~C ~flumunt"A thence run S 31'2X'46'~ for 704.53 (eat, thence run g 71'31'14" E for 78.14 Lhe~o run S ~9e~?'42' ~ ~or 2.00 feet to tho foln~ of Thence · 1J'47'42" thence S 18'21'36" thence S 21'24'01' t 200.07 foot, thence S'31000'$1" E 253.28 tent, thencl S X?*19'31° E 200.?0 feet; thence S 11057"$9. R 201.1J felt, thence S 20'07'01° E 202.$0 feet, thence S 15'51'36' £ 202.22 teat, thence · lg'39"29° E 201.$6 feet, thence S thence S thence · thence · tJMnce · thence S thence ~ thence · thence S 72.$0 feet;thence;run.~19047'49' E 190.77 foot, 198.10 feet, thence · 19047'09' t 201.67 ~eet, tE~hce S 11'45'21' E 199.81 ~cet, thence S 23'4.)40; C 347.33 feet, thence S I1'40'23" E 203.22 feet, thence S Z5'45'~1" ~ ~g&.~? feet, thence S Z?'14'IS' £ 191.]! fact, thence S ]?'2~'1~' · ~.30 feet, ~g'02'34" E 200.39 foot, thence · 20021t32' E [~1.12 tee~, 2X*S4*31*E 19t.lt feet, thence S 19'2t'00" B 200.17 feet, 1~'4&'23' t 190.41 feet, thence · 23*37'47' E 200.45 feet, 22'27'54' ~ 200.31 feet, thence S 21011'51° E 200.¢5 feet, 11'20'24' g 2D0.$2 toot, thence · ]?~3&"13' ~ 200.&7 foot, l?'12'O?' I liS.Il feet, thence · 17°12~520 K 202.8? fee:, 17'11'32' £ 200.11 feet, thence S l$ee4'il" E 1~6.41 £eat~ 10'0~*04' t 202.24 feet, thence $ 18000'12' E 1~9.?0 feet, 38'00'09' ~ l~9.Sl teet~ / 022,,,,,: 4.6.9 1969 13~6 thencc thence thence thence thence thena:e thence thence thence 1~*30'$7" £ 20&.42 feet, 1&°45°17° C 204.03 feet, 16'05'19" £ !O~.&& feet, 17'37'48' £ 200.30 feet, 15'Q3'25' C 200.54 feet, X&'20'I&' £ 107.iS feet, 17'43'~$' W for 3,423.45 thence ~ 1705~'37' ; 107.7l feet, thence S ]0034*51" ~ 100.63 feet, thence S 12'15'21" C 1~5.14 feet, thence $ 21*01'100 R 200.&4 feet, thence S 17'37'30" E 107.06 fe~t. thence S ~4°4&'~' ~ 20~.~4 Zoot, thence S l&e¢4'2S" R l~l.2g leaf, thence I! 1~'27'S5' ~ ~94.24 feet feet, thence 408.0G feet along the arc of acurva having a radius of 440.05 feet, central anglo of Sl'O?'5l' chord bearing H 00'08'20' #, thence # Is'la'34" # for ~47.36 feat, thence # 11'~4'44' M for 870.08 faire thence f et along the are of · curve having a radlun of 435.72 feet, 'central angle of 22'48'37', chord b~ating # ISeSl*lJ' ~, thence # 23· 31'22' ¥ for ld&.~l feet, thence 330.22 feet along th~ arc of a curve havih~ a radi~J ·? 170.00 feet, central angl, il4'lg'4a' and chord ~aring of K 37°21'13' ~, thence # 11033'43' ff for 1,091.74 feet, thence N ]3*40'40° H for IdB.as reit, thence ~1X.$4 feet alOh~ · cgrYe h~'lng · radius of ]70.00 feet, ce6tr·! angle 2703S*21' enJ chord be&riflg'N 22'30'40' #, thence N 41027'33' # for ]$0.10 thence 103.&l feet along m curve h*vJnq i radius of 230.00 foot, centril angle of 25'33'46' chord ~4rlng N 2~'40'400 W, thence Oh~JO O~ 5'~2'22' ~nd chord ~a~iAg , ~l']~*Sl' ~, thence N 11'57'02' O.IL S~7 PG 1327 ~fh] ~ecrLpt~o~)-rrotectLve p~ge ] tog 1,212.17 feet, thonce 71.12 teal nlunu th. ·rc of · c.rvu h.vJng · rediul of 105.31 feet, Cehtr·l anglo ct J1'40'21' chord ~·rlflg # 36'46'44' V, thence N 4ieOi'S?' H ~or SI.S7 feet, thonoo 3&.24 foot ·long thu IrC of · curvo having i rl~lue of 427.95 feat, centg&l ingle Of 4051'01' chord J~erlng N 43'4X'24' g thence N 7e46"54' W for 72Z.2~ foe. t, thence 334.52 toot Along the Arc of · curve h~v/ng · xJdLul of ~27.tG feet, centrex ·ngle 8¢*04'40' cl~rd beetle9 N &6*Xg'26* Id, thence S 71'30*14° ~ for 185.59 root, thence Il 1~e47'42' ¥ for ~0.OZ foot, ~hoK4 S ?Jo31'Je' ~ for 72.02 to~t to the PoLflt of BO0~ I_ IJJ , -Z' '\ \ ,wl · I i BAREFOOT 8EACH - Exhibit E LEGAL DESCRIPTION: The subject property abuts the. Gulf of Mexico on the west and the inland tidal waters of the state of the east. It extends in a north/south direction for approximately two miles and lies very near the northern Collier County line. The precise legal description is as follows: All land lying in Section 5, Section 6, Section 7, and Section 8, Township 48 South, Range 25 East, Collier County, Florida, lying west of the agreed upon boundar~ line described and recorded in OR Book 68, Pages 235 th~u 250, inclusive, in the Public Records of CoTlier County,~F~orida, less and except the following descr.bed parcel: Begin at the northeast corner of Section 6, T48S, R25E, thence run west along the north line of said Section 6 a. distance of 3,396.61 feet to a set GAC monument, thence continue to run west along said north line of Section 6 a distance of feet, to the mean high water line of the Gulf of Mexico, thence run in a southeasterly direction along the mean high water line to the intersection of said mean high water line and a line'bearing S71°38'14"W from a point located~ S81°21'46"E a distance of 704.53 feet from the abov~ noted GAC monument, thence run N71"38'14"E a distance of 80± feet, to the above located point, thence continuing N71°38'14" E distance of 150.15 feet, thence N1g°47'42"W a distance of 41.01 feet, thence N68°45'OO"E a distance of 580.00 feet, thence S67°01'27"£ to a point $0 feet beyond and seaward of the mean high water line of the small water body extending westerly from Little Hickory-Bay, thence meandering northerly and easterly along a line 50 feet seaward of the mean high water line along lands abutting the south side of Bonita Beach Road {SR-865) to the east line of Section 6, T48S, R25E, thence north along the east line of said Sec- tion 6 to the point of beginning. lB STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN. Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct original of: ORDINANCE NO. 85-83 which was adopted by the Board of County Commissioners during Regular Session on the 17th day of December, 1985. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of December, 1985. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-Officio to Board .of ," County