Ordinance 77-48 ORDINANCE 77 - 48 ~ o ~
AN ORDINANCE AMENDING ORDINANCE 76-3~'T~
COMPREHENSIVE ZONING RFGULATIONS FOR~'~.~
oF c0AST
UNINCORPORATED
AR~A
PLANNING DISTRICT OF COLLSER COUNTY, ~_~
FLORIDA, BY CHANGING THE ZONING DIST~C~
CLASSIFICATION OF THE PROPERTY DESCRIBED
HEREIN FROM "A-ST" AGRICULTURE-SPECIAL
TREATMENT, "RM-2ST" RESIDENTIAL MULTIPLE-
SPECIAL TREATMENT, AND "RS-4GH" RESIDENTIAL
SINGLE FAMILY WITH GROUP HOUSING TO A
PLANNED UNIT DEVELOPMENT (PUD) AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Lely Estates, Inc., a Corporation, petitioned the
Board of County Commissioners of Collier County, Florida, to
change the zoning classification of the real property hereinafter
described;
N~, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida~
SECTION ONE~
The Zoning Classification of the herein described real
Agriculture-Special Treatment, "RM-2ST" Restd~-~tial
Special Treatment, and "RS-4GH" Residential Single Fam~ wi~
to all conditions as hereinafter described, and the Official'~
Zoning Atlas as described in Ordinanc= 76-30 is hereby amended
accordingly~
A PLANNED UNIT DEVELOPMENT
LELY BAREFOOT BEACH
LOCATED IN COLLIER COUNTY~ FLORIDA
September 27~ 1977
WilMam R. Vlnes~ A.I.P.
Urban Planning Consultant
007
TABLE OF CONTENTS
SECTION
B.
C.
D.
E.
F.
TITLE PAGE
OWNER/APPLICANT ....................................... 1
LEGAL DESCRIPTION ...................................... 1
STATEMENT OF INTENT ................................... 2
PROJECT PARTICIPANTS ................................... 3
PROJECT PLAN: PLAN COMPONENTS~ .....................
DEVELOPMENT CRITERIA .................................. 4
1, General .......................................... 4
2. The Plan ......................................... 4
3. Dwelling Unit DJstrlbutlonl Maximum Project
Density, ........................................... 4
4. Beachfront Single Fatally Residential Homesites ....... 5
a. Uses Permitted ................................ 5
b. Minimum Yards ................................ 5
c. Minimum Floor Area of Principal Structures ...... 5
d. Maximum Buildlng Height ....................... 5
e. Minimum Of~reet Parking Required ............. 6
f. Structural Requirements for Residences ........... 6
g. Mlnlmum Lot Slze ............................. 6
5. Homesltes East of Main Access Road ................. 6
a. Uses Permitted .............. . ............ ; ..... 6
b. Minimum Yards ................................ 7
c. Minimum Floor Area of Principal Structures ...... 7
d. Maximum Building Height ...................... 7
e. Minimum Offstreet Parklng Required ............. 7
6. Minimum Road~ Drive, and Habltable Floor
Elevation ......................................... 8
7. Open Space Lands ................................. 8
a. Mangrove Preserve Areas ........... ~ ........... 8
b. Community Recreation Center I1 ................ 8
Ge
CONTENTS- cont'd
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
PUBLIC
c. Community Recreation Area 12 .................. 10
d. Common Lands Abutting the Man-Made LaJ~e
and the Inland Waters ......................... 10
e. Beachfront Commons ........................... 11
The Pedestrian/Bicycle/Cart Path .................... 12
Preservation of Existing Native Plant Materials;
Landscape Plan; Landscape Irrigation and Maintenance
Program .......................................... 12
Roads and Drives .................................. 13
Street Lights ...................................... 14
The Gatehouse Complex Site ....................... 14
The Utility Site ................................... 15
Waste Water Collectlon~ Transport and Disposal ...... 16
Solid Waste Dispose! ........................... ' .... 16
Water Supply ..................................... 16
Easements ......................................... 17
Easements for Underground Utilities .................. 17
Fire Protection .................................... 17
Storm Water Management ........................... 18
Signs and Offstreet Parking Area Landscaping ........
Model Hornest Sales Offlces~ Administrative Offices.. 19
Development Sequenc~ and Schedule ................ 19
BEACH ............................................ 21
VARIATIONS BEI~VEEN THE LELY BAREFOOT BEACH
DEVELOP/v~NT PLAN AND COUNTY SUBDIVISION
RE GUI. ATIONS ...........................................
21
,, L ..... J L ....J
OWNER/APPLICANT= The tltle holder of the Lely Barefoot Beach protect lands,
the project developer, and the applicant is Lely Estates~ Inc.~ a Texas Corporation
authorized fo do business In Florida. The warranty deed to the property Is
filed in Collier County Official Record Book 583, pages 1912, 1913, and 1914.
LEGAL DESCRIPTION: The subiect property abuts the Gulf of Mexico on the
west and the Inland tidal waters of the state on the east. It exten~ 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, Incluslve~ In the
Public Records of Collier County, Florida, less and except the following described
parcel: Begin at the northeast comer 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 80~: feet~ to the mean high water line of the Gulf of Mexico, thence
run In a southeasterly a'irectlon along the mean hlgh water line to the lnter~ectlon
of said mean high water line and a line bearing S 71 · 38' 14" W fram a polnt
located S 18· 21' 46" E a distance of 704.53 feet from the above noted GAC
monument, Thence run N 71' 38' 14" 'E a ~stance of 80~ feet, to the above
located poTnt, thence continuing N 71e 38~ 14" E a distance of 150.16 feett
thence N 19' 47' 42" W a distance of 41.01 feett thence N 68e 45' 00" E a
distance of 580.00 feet, thence S 67e 01' 27~' E to a paint 50 feet beyond
L .....~ L .....I
e
and seaward of the mean high water line of the small water body extending
westerly frofn Little Hickory Bayt 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 llne of Section 6t
T 48 S, R 25 E, thence north along the east line of said Section 6 to the point
of beginning.
STATEMENT OF INTENT: The basic project objective ls to create a law density,
single family residential community In a setting where mo~t of the existing normal
vegetative and earth form features are preserved. Land elevations range from
sea level to a maxlm~ of about 9 ft. above sea level along the htghet-portlom
of the dune crest. A basic project objective is to maximize retained native
vegetation and to mtnlmlze the extent of land fill or other earth form modlflcatlon.
The beach and bayfront single family homesltes are to occur on the naturally
higher lands within the tract. The project is to Incorporate on extensive amount
of open space, comprised of preserved natural mangrove forests~ undtsturbad
beachfront Iqnds~ and mod;fled lands which will function as community recreation
areas. The project will be recorded and marketed under the condominium principle,
which will provide the neces~ry legal vehicle for common property ownership
and maintenance. The project shall be platted and developed In accordance with
the County Subdivision Regulations. No moa'lflc~ions are planned to occur to
the natural submerged lands or shorelines in the project area, with the exception
of intermltte~t cjusters of small boat docks which may be developed at a future
dote, subject to all applicable governmental regulations regarcflng boat docks. Several
model dwellings, designed by the proje.ct architects, are to be constructed tn the
first phase of project development. These model dwellings will iljustrate the
deslred architectural character of the overall project. Recorded deed restrlct~ons
are to be established' which will require that all plans for buildings within the
project are to be reviewed and approved by the project sponsor or his desTgnated
representative(s) prior to issuance of a building permit. Through this devicet
the proiect sponsor intends to prohibit construction of dwellings or other ,
buildings deemed to be in conflict wlth project architectural character objectives.
PROJECT PARTICIPANTS: C. W. Duvekot, Vice President, Lely Estates, Inc.$
~ Executive Project Dlrector;.Willlam R. Vines, A.I.P., Project
Land Planner; Stanley W. Hole~ P.E.t Project Engineer; Dr. Durbln C. Tabbt
Project Environmental Consultant; Gamble~ Gilroy, Martin and Winnlngham~
Project Architects; Renfroe and Buckhannan~ A.I.L.A.t Proiect Landscape
Architects; George Vega, Jr., Attorney.
· PROJECT PLAN: PLAN COMPONENTS: The project land plan is iljustrated graphT-
cally by Exhibit "A.
1. h~angrove Forest preserve (upland only)
2. Community recreation center sites & common recreational
open space land
3. ~.an-made lake
.4. Gatehouse facility & interim util~ty site
5. Homesltes & access road rigJ~t of way
"'Exhibit "A'.~ is comprised of the following elements:
51 acres
88 acres
6 acres
5 acres
135 acres
6. Gross proiect area (upland and man-made lake)
285 acres
Fe
DEVELOPMEN'I' CRITERIA:
1. GENERAL: The' Barefoot Beach PUD document contains development
specifications constituting County enforceable criteria which must be
aciherred to during and subsequent to the development of the Barefoot
Beach project. Any violation of the PUD documentt or of the final
development plant shall constitute a violation of the Collier County
for
Zoning Ordinance and may be corrected as provlded/by, said ordinance.
2. THE PLAN:
Exhibit "A" is the Master Plan for , vehicular ways, building
sltes~ recreational open spaces~ preserved mangrove forests~ and utilitarian
areas which constitute the development projectt and ~s hereby made a part
of this ordinance.
3. DWELLING UNIT DISTRIBUTION; MAXIMUM PROJECT DENSITY:
Development Area'
Blocks A thru Z; AA thru AE 341
Bloc~ AF thru AH 148
Utilities site (after dlsconl:inuatlon of the interim
sewer plant)
Resident employee dwellings (located tn gatehouse
complex, recreation center, and/or utilities site) 6
~ .
Gross project area 499
.Maximum Dwelltnl~ Units.
499 DU's divided by 285 acres = a max;mum gross density of 1.75 DLPs per acre?
e
BEACHFRONT SINGLE FAMILY RESIDENTIAL HOMESITES (Blocks A thru
Z; and AA thru AE):
a. USES PERMITTED: No building or structure or part thereof shall be
erected, altered or usedt or land usest In whole or In partt for
other than single family residences and accessory uses and structures
customary in single family residential areas. Any two or more adjoining
lots may be utilized as a slngle homeslte.
MINIMUM YARDS:
1. Yards which abut an adjolnlng homeslte: 7 1/2 feet.
2. Yards which abut common open space: None.
3. Yards which able the main north/south access road: 25 feet, excepf
for Block X~ along which the minimum yard shall be 10 feet.
NOTE: These mlnlmt~-n yards are also easements wlthln which
utilities, wallcways~ etc. may be Installed.
Yards which abut an access drive right of way which extends
westerly from the main north/south access road: 10 feet.
NOTE= No structure may extend gulfward of the line approved
by the Trustees of the Internal Improvement Fund as a variance
to t:m State Coastal Setback Llne~ approved by the Florida
Dept. of Natural Resources (Governor and State Cabinet) on
c. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTUI~S:
1 story - 1,200 sq. ft.; 2 story - 2, 000 sq. ft.
MAXIMUM BUILDING HEIGHT= 2 stories above the mlnlmum bose flood
elevation established by f'he U.S. Department of Housing & Urban Devel-
opment, Federal Insurance Administration, or as may be adopted by the
NOTE:' The first story of a residence ls deemed to be the story
immediately above the officially estabJished mlnlm~rn habitable floor
elevation. When the first habitable floor Is raised a sufficient
height above ground leve1 to permit the underbulldlng area to be
used for automobile parking and other utilitarian purposes$ that
underbuildlng area shall not be deemed to be a story.
e. MINIMUM OFFSTREET PARKING REQUIRED: Two automobile
parking spaces per single family residence.
STRUCTURAL REQUIREMENTS FOR RESIDENCES: Special structural
requirements designed to protect beachfront residences from storm tlde
and wave damage am ~ncorporated in the State of Florida approved
protective covenants for the Lely Barefoot Beach project as contained
in Coastal SetbacJ¢ Line Variance 174-75V40. These construction
standards shall be applicable to all residences developed irt Blocks A
thru Z and Blocks AA thru AE.
ge
MINIMUM LOT SIZE= All lot sizes shall be as shown on the
approved final plat, wlth the minimum lot size being approximately,
2t623 sq.ff, and the maximum lot size being approximately 13,628 sq.ff.
HOMESITES EAST OF MAIN ACCESS ROAD (Blocks AF thru AH; utilities
site after d~scontlnuatlon of the i'nterlm sewer plant):
a. USES PERMITTED: No building or structure or part thereof shall be
erectedt altered or used, Or land usedt ~n whole or In part, for other
than single family residences a~d accessory roes and structures customary
in slngl'e family res~dentlal areas. Any two or more adjoining lots
may. be utilized as a single homeslte. Private boat docks am
permitted occessory uses.
b. MINIMUM YARDS:
Waterfront yards: 25 feet.
Streetfront yards: 25 feet.
Yards which abut an adiolnlng lot.' 10 feet.
Yards which abut a common open space tract:
10 feet.
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES:
1 story - 1,500 sq.ff.; 2 story - 2,000 scl.fi.
MAXIMUM BUILDING HEIGHT:
2 stories above the minimum base flood elevation established by
the U. S. Department of Housing & Urban Development~ Federal
Insurance Administration, or. as may be adopted by the County.
NOTE: The first story of a residence ls deemed to be the story
Immediately above the officially established minimum habitable floor
elevation. When the first habitable floor ls raised a sufficient
height above ground level to permit the underbutldlng area to be
used for automobile parking and other utilitarian purposes~ that
underbulldlng area shall not be deemed to be a story.
MINIMUM OFFSTREET PARKING REQUIRED:
Two automobile parking spaces per single family residence.
6. MINIMUM ROAD, DRIVE, AND HABITABLE FLOOR ELEVATION:
The minimum crown elevations for the main no. rth/south access road
ls to be 6.5 ff. MSL; the residential access streets In the bayfront
development area are to be a minimum of 6 ft. MSL; and the beach-
front cjuster access drives are to be a minimum of 5.5 ft. MSL.
Unless higher elevation ls required by governmental regulation, the
minimum elevation of all residential habitable floors in the beachfront
cjusters shall be 14.5 ft. MSL, while minimum habitable floor elevation
in the bayfront portion of the development shall be 10 ff. /VLSLo The
minimum floor elevation obiectlve ls intended to provide protection to
dwelling units from flooding by storm driven tlde and waves. The
desired floor height is fo be achieved by structurally mlsjng' floors
above natural ground elevations, rather than by filling the building
sites to the necessary elevation. Thust the amount of fill places on
homesltes at the tlme residences are constructed can be mlnlmlzed~
and the amount of land area w[thln the project which is retained in
its present natural elevation can be maximized.
7. OPEN SPACE LANDS: Open space rands are planned to occur in a
variety of locations; are to serve a variety of purlx~es; and are to be
owned in various means:
a. MANGROVE PRESERVE AREAS: Areas identified on Exhibit
as "O" shall be preserved in their natural cona'itlont in perpetuity.
b. COMMUNITY RECREATION CENTER II: The site designated on
Exhibit "A" as Community Recreation Center 11 shall be developed
007
e
In accord with Exhibit "B," which Is hereby made a part of
this ordSnance. The site and all structures, recreation facilities,
and other improvements thereon shall be owned In common by
all owners of residential homesltes 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 Director of Community Development, who shall
also ensure adequacy of'offstreet parking spaces.'
The development sponsor shall complete thls recreation center de-.
velopment obligation prior to the Issuance of fha 100th residential
building permit. In the event that the development sponsor has not
completed development of the recreation center after issuance of 99
residential building permits, no further building Permits shall be issued
until recreation center development has either been completed, or surety
acceptable to the County, in the amount of 110% of the ~stlmated
cost to complete development of the center, has been posted with the
County to guarantee completion of the center.
No approval is given at thls tlme for any boat rompst boat docks,
hoists, shoreline modifications, or any other water oriented facilities.
All such matters shall be handled separately by all governmental agencies
wlth jurisdiction over waterfront developmentt at some future date.
Any recreation center development other than that described on
Exhibit "B" shall be the mspon.slbillty of the property owners'
association which owns and has the beneficial t..-e of the center.
10.
COMMUNITY RECREATION AREA /2: The slte designated on
Exhibit "A" as Community Recmatlon Area 12 is reserved for
recreational useage, the sp~.ciflc nature of whlch has not yet
been determined. No specific Improvement commitments to
Community Recreation Area t2 are made by the davelopment
sponsors. Prior to development of Community Recreation Area #2~
the sponsor for that development will be identified and a detailed
site pl~n will be prepared and submitted for approval by the Director.
de
THE MAN-MADE LAKr:; COMMON LANDS ABUTTING THE MAN-MADE
LAKE AND COMMON LANDS ABUTTING THE INLAND WATERS:
The man-made lalce and each lal~efront and inland waterfront commons
area shall be owned In common by the owners of abutting single
family homesltes. Uses and structures permitted on these commons
areas are limited to outdoor recreation activities and facilities
customary in restdentlal areas whlch~ by their nature~ do not constitute
a nulsance or obstruct or depre¢tate the value of the view of the
commons area or water from abutting homesltes. An access easement
to each of the commons from the nearest street shall be provtded for
the exclusive purpose of permitting emergency and service vehicles to
galn access to the commons area. Structures to be erected within the
commons shall be located so as. to pose the least view obstruction or
privacy invasion to the residential sites adjotntng the commons. No
specific setback standards are set for structures to be located In the
commons, but all structures proposed to be located tn a commons shall
be reviewed and approved by the Director, who shall constder the size
and nature of the proposed structure~ the use to which the structure will
be put, and the impact which the structure will have on view from and
11.
privacy of all adjoining resldence sites.
ee
BEACHFRONT COMMONS: Each beachfront commons area lying east
of a line joining the western extremity of the most westerly located
single family homesltes shall be owned and used In carnmon by
owners of the abutting single family homes]res. The linear strip
of beachrront commons which lies west of a line [olnlng the western
extremities of the most westerly single family homesltes shall be owned
in common by all Lely Barefoot Beach single family homeslte owners.
Beachrront commons areas may be improved either by the developer or
by the property owners who own the c~monso Permitted Improvements
Include landscaping, swimming pools, shaded slttlng areast picnic
facilities, and the like. All structures lying seaward or the State
Coastal Setback Line require issuance of a variance by the State
Deportment of Natural Resources. Structures to be erected wlthln
the commons shall be located so as to pose the least possible view
obstruction or privacy invaslon to residential sites adlolnlng the cammons.
No specific setback standards are set for structures to be located In the
commons, but all structures proposed to be located in a commons shall
be reviewed and approved by the D~rector, who shall consider the slze
and nature of the proposed struature, the use to whlch the structure
will be put, and its impact on view from and privacy of all adjolnlng
residence s]tes.
12.
THE PEDESTRIAN/BICYCLE/CART PATH: A pedestrian/l~lcycle/cart path
shall be developed along the westerly, edge of the main north/south
access road, at the same time the road is developed. The facility may
be locoted in part withln the north/south road right of way and in part
wlthln the 25 ff. easement which abuts the west s~de of the road right
of way.
PRESERVATION OF EXISTING NATIVE PLANT MATERIALS; LANDSCAPE
PLAN; LANDSCAPE IRRIGATION AND MAINTENANCE PROGRAM:
A basic project objective ls to retain the natural vegetational quality
of this typical southwest Florida coastal area, both through careful
preservation of existing vegetation and through relocation and/or imparta-
tion of native plant materials. When constructlon sites contaln cabbage
palmetto, seagrape, or other native .plant material which has a 'useful
landscape purpose and the capability of being transplanted, such material
shall be so transplanted to the project open spaces. No moa'lflcatlon
shall be made to natural vegetation or to the land surface gul~ard of
the westernmost resldentlal homesltes. When the bayfmnt homesTtes are
developed, the existing shoreline and associated vegetation is to be re-.
to:ned in its existing state. No seawalls shall be constructed or other
modification made to ex~sting shorelines. Prior to the issuance of any
site altemtlon permits, the development sponsor shall submit detailed plans,
including all pertinent data, to the County's Urban Forester for review and
approval. Selective clearing of trqes and other native vegetation shall be
exercised. Protected trees, native vegetation, and other desirable areas
shall be clearly flagged or otherwise marked, and a protective fence of a
:
type acceptable to the Urban Forester shall be erected along the IL. nlts of
clearance lines or the limits of the protected areas. The fence shall not
be removed until such time as all site work is completed.
10.
13.
ROADS AND DRIVES: All project roods and drives, Including the
main north/south road, minor residential streets In the bacld:<~y portion
of the plant and the beachfront cjuster access drlves~ are to be commonly
owned and maintained by the property owners' association. The construc-
tlon specifications of project roods and drlves shall be as follows:
Maln North/South Road: 26 ft. pavement width wlthln a 60 ff. right of
way, aligned as shown on the Master Plan.
Beachfront Cjuster Access Drlves: 18 ff. pavement width within a 50 ft.
right of way, aligned as shown on the Master Plan.
Bockba¥ Roads: 20 ff. pavement width within a 60 ft. right of way,
aligned as shown on the Master Plan.
Improvements in Bonita Beach Rood Rl~lht 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 road 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 ltght at the .entrance Intersection ls deemed warranted
by DOT, the developer or his successor in t~tle shall contribute his pro-rata
sham to the cost of the light~'
11.
12.
14.
Recorded Private Access Easement Extendtn~l from Bonita Beach Road
Through Lely Barefoot Beach Lands: The recorded easement extending
southerly from Bonita Beach Road through Lely Barefoot Beach lands shall
be vacated prior to approval of construction plans or record plat for any
Lely Barefoot Beach lots which ara affected by said easement.
STREET LIGHTS: Street lights will be Installed by the project
sponsor in the locations indicated on Exhibit "A". The project
developer or the project property owners~ assoclalion reserves
the right to install streot lights at more frequent Intervals.
Street light fixtures shall be ornamentalt Iow intensity, and free
of glare which constitutes a nuisance to nearby homesites.
THE GATEHOUSE CO/vlPLEX SITE: This site may be utilized for
an entry gate facility wherein security agafnst entry by unauthorized
persons or vehicles will be provided. The gatehouse complex may
contain dwelling units for resident employees of the prolect.
Additionally, the gatehouse complex may incorporate admln~'strative,
maintenance~ and utilitarian activities and storage facilities for the
project as a whole. During th.e i:~.d'od when the project is belng
marketedt development administration and sales offices may be
located in the gatehouse c~omplex. Prior to construction of the
gatehouse complex, final plans shall be approved by the Dlmctor
of Community Development. .~
15.
13. THE UTILITY SITE: A temporary sewage disposal plant may
be placed on the utility slte lndlcated on the k4aster Plan.
Project stomge~ utilltarlan~ and maintenance actlvltles may
also occur on thls site. In the event that development of
an on-slte disposal facility Is unnecessary, or at such time as
an on-slte disposal facillty ls to be terminated, the utility
site may be utilized for up to four homesltes as indicated,
and/or may be utilized for project maintenance, storage,
and other utilitarian uses. Utility site platting and issuance
of utility construction permits shall be subject to all applicable
Iocal~ state~ and t'ederal agency regulations and permitting
procedures, including a review by the EAC prior to local
approval.
007
14.
WASTE WATER COLLECTION, TREATMENT AND DISPOSAL: All
project areas shall be served by a central waste water collection system~
which system shall be approved by the County Water/Sewer District.
Until such time as the site is served by the County Water/Sewer Distrlctt
a temporary on-site system, of approved design and location, may be
authorized to provide waste water treatment and disposal for the project.
15.
SOLID WASTE DISPOSAL: Arrangements and agreements shall be made
wlth an approved solid waste disposal service to provide for solid waste
collection service to all areas of the project.
16.
POTABLE WATER SUPPLY: A central water supply system shall be made
available to all areas of the proiectt subject to the rules and regulations
of the County Water/Sewer District. The water supply source for the
project shall be the City of Naples system or other approved publlc water
supply system, as approved by the County Water/Sewer District. A letter
of supply authorization and commitment shall be obtained from the water
supply agency prior to site development.
A letter shall also be obtained from the water supply agency committing
delivery of water service prior to issuance of building permlts for construction
of dwelling units. Individual wells shall not be permitted for potable water
supplies for residential areas. An on-site central water treatment facllityt
if permilted~ shall be approved by the Board of County Commissioners. In the
event that on-site central water treatment facilities are developedt they may
be located within the Community Recreation Area t2 site; in the upland
area lying east of Lots 9 and 10, Block P; or within the entry gate
complex slte.
17. EASEMENTS: Easements to be recorded on the plat of Lely Barefoot
Beach will permit installation of public: utilities sewing the Lely Barefoot
Beach project where necessary, and will provide access to all parts of
the project by service and emergency vehicles.
18. EASEMENTS FOR UNDERGROUND UTILITIES: Easements for underground
utilJtles such as powert telephoner TV cable~ waste water collection and
transport, water distribution linest and other similar utilities, necessary for
the service of the project shall be located as required and granted for
those purposes. Clearlng of the easements for Installation of underground
utilities shall be selective so as to protect the maxtmum number of trees
and natural vegetation.
19.
FIRE PROTECTION: The Lely Barefoot Beach project area I~es part~ally wlthln
the Bonita Shores Fire Control Distr~ct and part~ally w~thin the North Naples
Fire Control District. Fire hydrants w~ll be installed as a port of project
improvements in accord with the County's regulat?ons, and all applicable
fire control regulations will be adherred to.
18.
20.
21.
STORM WATER MANAGEMENT: There shall be no project storm water
collection and distribution facility which connects directly with tide
water. Any drainagew'ay crossing the north/south access road shall
discharge into upland mangrove, through which It shall sheet flow toward
tlde water. Surl~ace runoff from roofs, driveways, and lawns In Block AF,
and In the Community Recreation Center Jl complex~ shall be directed
into the man-made lake within Block AF. A sand berm shall be placed
along the [unction of the man-made lake and the preserved mangrove area
which separates the lake from exterior 'tide water. Waters which pass
from the man-made lake to the exterior tlde waters will first filter
through the sand berm and thence sheet flow through the preserved
mangrove area. Runoff from roofst drives, and lawns In Block AG shall
be directed Into the residential street which provides access to this blockt
and thence shall be spread so as to sheet flow through the preserved
mangrove area which separates Block AG from tlde water. Detailed
plans and specifications for all water management features within the
project shall be submitted to and approved by the County Water Manage-
ment Board, as well as by any other governmental agency wlth [urlsdlctlon~
prior to final plan approval. When development of tidal waterfront home-
sites or recreation area occurs, no seawalis shall be constructed and no other
modification shall occur to the lbnd at the waterts edge or within 10 feet of
the mean high tide line except for such boating related improvements as may
-later be authorized by all governmental agencies with jurisdiction. No
portion of the proiect area j~lanned to dra~n to the lake shall be modlf~ecf
by an indlv~dual lot owner so as to drain d~rectly to t~de water.
SIGNS AND OFFSTREET PARKING AREA L.~NDSCAPING: The Collier County
regulations dealing with stgn~ and offstreet parking area landscaping shall be
applicable to the Lely Barefoot Beach project.
19,
22. MODEL HOMES~ SALES OFFICES~ ADMINISTI~TIVE OFFICES: During the
period when project marketing is taking place~ model homes may be con-
structed and exh~ited on any homeslte. Sales and administrative office
activities may occur within any model home. Sales and administrative
offices may also be established in the gatehouse complex~ In either of
the recreation centerst or In the utility site. At such time as proje, ct
marketing is complete, ali model homes shall have been converted to
permanent residences and all sales and administrative activities within
model homes shall have been discontinued. Permanent project admlnts-
trative offices may occur in the gatehouse complext in either of the
recreation center sltes~ or In the utility site. .
23.
DEVELOPMENT SEQUENCE AND SCHEDULE: The overall project has been
divided into the following eight phases:
Phase 1. Blocks A thru J and th~ abutting section of the north/
south access road; the utilities site; commun;ty recreation
center I1; and the gatehouse complex.
Phase 2. Block AF.
Phase 3. Blocks K thru O and the abutting section 6f the north/south
access road. .'
;
Phase 4. Blocks P thru R and the abuttlrlg section of the north/south
access road.
007
, 20.
Phase 5. Blocks S thru Block Xv Lot 10t and the obuttlng section
of the north/south access road.
Phase 6. Black Xt Lot 11 thru BJock Zt and the abuttlng section
of the north/south access road.
Phase 7. Blocks AA thru AE and the abutting section of the north/
south access road.
Phase 8. Blocks AG, AH~ and redevelopment of the utility slte.
The estimate of development schedule for the various phases ls as follow!,
wlth all estimates being the elapsed tlme after the date of final plan approvals
Land Improvements Land Improvements
Phase Begln . Completed
1 1st year ' 2nd year
2 2nd year 2nd year
3 2nd year 3rd year
4 3rd year 3rd year
5 3rd year 4th year
6 4ih year 4th year
7 4th year 5th year
8 4th year 5th year
21.
He
PUBLIC BEACH: Although not a part of this PUD project~ the Lely Barefoot
Beach project sponsor commits to dedicate a tract of beachfront land to Collier
County for public beach recreation uset prior to final plat approval for develo
opment Phase I. The tract which Is to be dedicated Is not Included within
the Lely Barefoot Beach rezone petSt|on area~ but Jles adjacent and immea'lately
north of it. The dimensions of the tract to be dedicated are 600 ft. of gulf
I~rontage by 180 ff. in depth. The north Collier County line Is the northerly
boundary of the tract to be dedicated. In addltlon to the 600 ff. x 180 ff.
recreational beach area, the project sponsor commits to simultaneously dedicate
a tract of land sufflclently large to accommodate a mln~mum of 100 offstreet
parking spaces to serve the public beach. At a tlme to be determined by
the County, but prior to development of the beach and parking area, a beach
and parking area development plan and arrangement whereby the County commits
to necessary policing, cleanup, and related services for the public beach ls to
be prepared by County personnel and members of the Lely Barefoot Beach
planning team. At such time as the County commits to development of the
beach park, but not prior to sale of a minimum of 100 Iotst the Lely Barefoot
Beach development sponsor shall pave the 100 car parking lot which will serve
the public beach. If public beach development plans include potable water
and/or sanitary sewer facilities, the Lely Barefoot Beach development sponsor
will make water and/or sewer service available to the public beach. Any
subsequent modification of the public beach or beach offstreet parking plan shall
be at.t.roved both by Collier County and by the Lely Barefoot Beach prolect
sponsor. No development may occur on the public beach or In the public beach
offstreet parklng area except In accord wlth the approved development plan.
VARIATIONS BETWEEN THE LELY BAREFOOT BEACH DEVELOPMENT PLAN
AND COUNTY SUBDiViSION REGULATIONS: The Lely Barefoot Beach PUD
development plan Includes both the Master Plant a graphic Iljustration of the
principal elements of the physical development plan, and the Planned Unit
Development documentt which contains definitive development standards. The
following variations from the County Subdlvlslon Regulations are referenced
to the appropriate Section of the Subdivision Regulations.
ARTICLE IX.
ARTICLE X.
ARTICLE XI.
Section 5 - Subparagraph (11) - Private Streets and Related
Facilities:
The intent of the Lely Barefoot Beach developer is to develop
a system of private streets owned and matntatned by a property
owners' association. Uncertainties regarding ownership and
development objectives of lands to the south of Lely Barefoot
Beacht and uncertainties with respect to whether and to what
extent the north/south Lely Barefoot Beach access road. will
fumlsh access to lands to the south, may necessitate future
determination that the principal north/south access rood be
public rather than private. Prior to Lely Barefoot Beach record
plat approval, the County Commission shall review, the owner-
ship and access mqulrements of lands to the south of Lely
Barefoot Beach~ and make a detennlnatlon of whether the main
north/south access road may be private or must be platted as a
public street. Regardless of whether public or prlvate~ minimum
development standards for the north/south access road through
Lely Barefoot Beach shall be as required by the Collier County
Subdivision Regulatlons~ as modified by the Lely Barefoot Beach
PUD Master Plan and PUD doc~nent.
Section 16- Sidewalks and B!..c¥cle Paths:
A 5 ff. wide sldewall~>lcycle path shall be constructed along
the west side of the principal north/south access road.
:
Section 1 - Access:
Points of vehicular access to lots shall be located a minimum
of 30 ff. from any Intersecting street right of way lines.
Street Intersection locations shall be as lndlcated on the
Master Prat.
Section 16. A- Solid Waste Collection:
The developer shall not be responsible for garbage receptacles
at indlvld~al residences.
Section 17. F - Street Right of Wa), Width.:
Street right of way width shall be as instated in the PUD
document.
Section 17. H- Deadend Streets:
The short, private common drives which extend from the north/
south access road toward the Gulf of Mexico shall, be constructed
within the rights of way Indicated on the Master Plan. No
circular turnaround at the westerly end of these drives shall be
required.
Section 17. I- Curb Radii:
Edge-of-pavement mdll at street Intersections shall be a minimum
of 30 ft.
SECTION TWO:
This Ordinance shall become effective upon receipt of
notice that it has been filed with the Secretary of State.
DATE: September 27, 1977
BOARD OF COUNTY COMMISSIONERS
ATTEST:
WILLI~. REAGAN, ~RK
".'. ' :" ' :',::;':'~"J."~-'
"..'~t.
THOMAS P. ARCHER, CHAIRMAN
AND LEGALITY
I~N~D A. PICK~ORTH, COUNTY A~I'ORNEY
This ordinance filed with the Secretary of State's office the
3rd day of October, 1977 and acknowledgment of that filing
received this 5th day of October, 1977.
Deputy Clerk
EXHIBIT "A" - ORDINANCE 77-48
LELY BAREFOOT BEACH MASTER PLAN
(Exhibit in Document Files - Ordinance "Exhibits")
EXHIBIT "B" - ORDINANCE 77-48
BAREFOOT COMMUNITY RECREATION AREA NO. 1
(Exhibit in Document Files - Ordinance "Exhibits")
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