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Ordinance 2003-23ORDINANCE NO. 03-__2._.3______ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICHI~:! INCLUDES THE COMPREHENSIVE ZONING REGULATIONSqc. FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,~i,~ FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MA~:: NUMBERED 9619N; BY CHANGING THE ZON1NG-~ ~-ii CLASSIFICATION OF THE HEREIN DESCRIBED REAIa22 ~.,-, ,,PUD,C~ I PROPERTY FROM "A" RURAL AGRICULTURE ~ ~v ~,~ PLANNED UNIT DEVELOPMENT KNOWN AS LIVINGSTOI~ VILLAGE PUD LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (C.R. 881) NORTH OF WYNDEMERE COUNTRY CLUB, IN SECTION 1.9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 148.98+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez, AICP, Planning Development, Incorporated, representing Marian H. Gerace and Wallace L. Lewis, Jr., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 19, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Livingston Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9619N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ dayof ~'~1~ ,2003. and Legal Sufficiency Mmjor~e M.~tudent Assistant County Attorney BOARD OF COUNTY COMMISSIONERS . ;I'OM HENNING, CI-0klRMAN This ordinance filed with the ..~ ~ ~.nte's Office ~the and a~-Jo~ledgemen_t ~o.f. that of ~~ ,-- PUDZ-2002-AR-3095/RB/lo EXHIBIT A LIVINGSTON VILLAGE A PLANNED UNIT DEVELOPMENT PREPARED FOR: Marian H. Gerace and Wallace L. Lewis, Jr. cio Steven A. Landy, Esq. Greenberg Traurig Attorneys at Law 1221 Brickell Avenue Miami, Florida 33131 PREPARED BY: PLANNING DEVELOPMENT INCORPORATED Michael R. Fernandez, AICP 5133 CASTEI.~.O DRIVE SUITE 2 NAPLES, FLORIDA 34103 239 / 263-6934 / 263-6981 FAX PDI MRF @ AOL.COM DATE FILED: DOCUMENT DATE: DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: July 12,2002 May 15, 2003 April 17, 2003 May 13, 2003 03-23 TABLE OF CONTENTS SECTION STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL DISTRICT RECREATION DISTRICT PAGE iii 1-1 2-1 3-1 4-1 EXHIBITS EXHIBIT a LIVINGSTON VILLAGE PUD MASTER PLAN 111 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Wallace L. Lewis and Marian H. Gerace, hereinafter referred to as the developer, to create a Planned Unit Development (PUD) on 149+ acres of land located in Section 19, Township 49 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Livingston Village. The development of Livingston Village will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted growth policies and land development regulations of the Growth Management Plan's Future Land Use Element (FLUE) and other applicable regulations for the following reasons: Livingston Village is compatible with adjacent land uses as required in Policy 5.4 of the FLUE through the internal arrangement of land uses, the placement of vegetative buffers, and the proposed development standards contained herein. 2. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the FLUE and therefore is eligible for the base density of four units per acre as provided by the FLUE Density Rating System. The proposed density for the project is 3.9 units per acre which is less than the maximum density provided by the Density Rating System contained in the FLUE and therefore is consistent with the FLUE, Policy 5.1. SHORT TITLE This ordinance shall be known and cited as the "LIVINGSTON VILLAGE PLANNED UNIT DEVELOPMENT ORDINANCE". , SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 1.2 1.3 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Livingston Village PUD, and to describe the existing condition of the property proposed to be developed. The Livingston Village PUD is located within Collier County. LEGAL DESCRIPTION The subject property being: A part of the North ½ of the North ½ of Section 19, Township 49 South, Range 26 East, less and excepting Interstate 75 Right-of-Way located in Collier County, Florida Beginning at the Northwest comer of said Section 19; thence along the north line of said Section, South 89o37'04" East 4886.95 feet to the west right-of-way of Interstate 75; thence along said right-of-way South 00°07'55" West 1326.91 feet to the Northeast corner of Lot 7, Grassmere Phase Two, as recorded in Plat Book 16, pages 20-21; thence along the north line of the replat of the part of Wyndemere Tract Map as recorded in Plat Book 13, pages 3943, North 89°36'39"West 4896.99 feet to the Northwest corner of Parcel "BB" according to said plat; thence along the West line of said Section 19, North 00o33'56'' East 1326.30 feet to the Point of Beginning; 'Subject to easements and restrictions of record. Containing 148.98 acres more or less. Beadngs am based on the north line of the Wyndemere community being North 89036'39" West. PROPERTY OWNERSHIP The subject property is currently under the ownership and unified control of Wallace L. Lewis, Jr. and Marian H. Gerace, hereinafter jointly called "applicant or developer". ' ]-2 1.4 GENERAL DESCRIPTION OF PROPERTY The total site area is 149+ acres and is located immediately north of the VVyndemere residential community along Livingston Road and extends eastward to the right-of-way of Interstate 75. This parcel is located within Section 19, Township 49 South, Range 26 East, Collier County, Florida. The zoning classification of the subject property prior to the date of this approved PUD Document was "A" - Rural Agriculture. SECTION II PROJECT DEVELOPMENT 2.1 2.2 2.3 PURPOSE The purpose of this Section is to generally describe the plan of development for the Livingston Village PUD, and to identify relationships to applicable County ordinances, policies, and PrOcedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Livingston Village has an area of 149+ acres and shall consist of a maximum of 590 residential units developed as a mixture of single and multi-family residences in a community of individual residential tracts, and shared open space features. The project's primary access shall be from Livingston Road via an entry ddve or public road located along the northerly property line of the subject property. A secondary access from Livingston Road shall be located approximately 660 feet north of the property's southerly boundary. The Livingston Village PUD Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the PUD Master Plan. The location, size, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of the Livingston Village PUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Unless otherwise defined herein, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Unless modified, waived or excepted by this PUD Document, the provisions of other applicable sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. 2.4 The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.2.4. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during the preliminary subdivision plat approval process. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The developer also retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all internal project roadways in accordance with the standards established herein and applicable provisions of the Land Development Code. Roadways within the Livingston Village PUD shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: LDC Sections 3.2.8.3.19: Street name signs shall be approved by the Engineering or Transportation Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street Pavement painting, street striping, and reflective edging requirements shall be waived. LDC Section 3.2.8.4.16.9: The requirement that curved streets have a minimum tangent of 75 feet at intersections shall be waived and no minimum shall be required. LDC Section 3.2.8.4.16.5: All internal streets shall considered local streets and their standard right-of-way width shall be no less than 50 feet. LDC Section 3.2.8.4.16.6: The 1,000 foot length for cul-de-sac streets shall be waived. The maximum length shall be 1,400 feet unless extended upon review and approval of the Fire District. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement. Go LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for all non-paved areas of the right-of-way shall be waived to allow the installation of decorative planters and alternative ground cover. LDC Section 3.2.8.4.22.9.c: The requirement that drainage facilities on lots be spaced in accordance with FDOT criteria may be substituted upon submittal of the necessary data to support the substitution at the time of development plan submittal and approval of the Engineering Services Director. 2.5 2.6 LAKE SETBACK AND EXCAVATION As depicted on the Livingston Village Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7 of the LDC. D. Lake Setbacks Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: 1. Lakes and stormwater management features may be located adjacent to internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross-sections, and need for barriers. ,~ 2. With the exception of the Collier County drainage easement along the project's south property line, lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Livingston Village PUD. E. Blasting may be utilized in the excavation process provided that such use is located a minimum of 350 feet from off-site structures and provided such excavations meet the setback requirements and other provisions of this PUD Document for lakes. Unless otherwise addressed herein, blasting shall be governed by the applicable provisions of the LDC. MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures including temporary sales and temporary service centers (related to the promotion and sales for the development such as but not limited to pavilions, viewing platforms, gazebos, parking areas, tents and signs) shall be permitted principal uses throughout the Livingston Village PUD subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the LDC. The limitation of Section 2.6.33.4.1.5(a), regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each 2.7 2.8 2.9 subdivision phase. The model home/sale centers temporary use permits shall be valid for five years. An annual extension of this temporary use may be permitted with the review and approval of the Planning Services Director. These uses may be either wet or dry facilities. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 1013-6, and may use potable water, existing lakes or irrigation wells for irrigation. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Livingston Village PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Livingston Village PUD Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County GMP and the Livingston Village PUD Document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. Internal realignment of rights-of-way, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the preservation area. COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association or other similar entity whose function shall include provision for the perpetual care and maintenance of all common facilities and open space subject further to the provision of the LDC, Section 2.2.20.3.8. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Livingston Village PUD. The following standards shall apply: Do Eo Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms 3:1 Structural walled berms - vertical and located at the rear of a required landscape buffer The maximum height of the berm adjacent to 1-75 is 22 feet, as measured from existing grade. A landscape berm adjacent to 1-75 shall be as required in Section 2.4.4.18.1 of the LDC. The maximum height of any combination of perimeter landscape berm, fence or wall adjacent to 1-75 is an eight foot wall or fence on top of a 22 foot berm measured from the highest crown elevation of 1-75. The maximum height of all other fences or walls is eight feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest existing road. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.12 of this Document, and shall be governed by the height limitations for principal structures of the internal land use designation in which they are located. In the case of access control structures within rights-of-way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. Upon submission of a landscape plan, the County Landscape Architect may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Livingston Village PUD prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. Fence or wall setbacks: Fences, walls and similar structures shall have a minimum of a 5 foot setback from development boundaries where adjacent to a public right-of-way and a 2 foot setback from all other land uses. Fences or walls may be placed zero feet from the internal right-of-way provided that shrubs are provided in the right-of-way and may be located five feet from project perimeter, subject to review and approval by the Transportation Division at time of SDP review. In the case of access control structures within rights-of-way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. 2.10 2.11 2.12 Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers/easements, in accordance with Subsection 2.4.7.3 of the Land Development Code. Street Trees: Street trees shall be provided on both sides of all internal roads or access ways. A Street Tree Master Plan shall be included with the application for a preliminary subdivision plat (PSP) or site development plan (SDP) as may be appropriate. Installation of individual trees shall be installed prior to or concurrent with the development of the adjacent dwelling unit or structure in proximity to the roadway or access way. Shade trees in proximity to sidewalks or other paved areas shall be installed with a deep root barder system. Street trees shall be placed at the more restrictive spacing of one per lot or one per 50 linear feet. A minimum of 50 percent of the trees shall be canopy trees with a 10-foot height at installation. Street trees shall be located within 10 feet of the edge of pavement and between the edge of pavement and sidewalk when viable. Once installed, should a street tree be displaced or die, it shall be replaced within 6 months. Replacement trees shall minimally meet the original specification requirements, including consistency with the Street Tree Master Plan. This tree requirement may count toward satisfaction of the tree requirements for individual lots or tracts as provided for by the Collier County Land Development Code. If utilized to satisfy Collier County Land Development Code requirements, trees shall be required to meet native species requirements and other applicable Code provisions. CLEARING AND FILL STORAGE Ao Fill storage is generally permitted as a temporary principal use throughout the Livingston Village PUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: 45 feet Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). Soil erosion control shall be provided in accordance with LDC Division 3.7. PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Livingston Village PUD except in the Preserve District. General permitted uses include earth mining, rock crushing and excavation operations, which are directly related to and necessary for onsite development, and those uses which generally serve the residents of the Livingston Village PUD and are typically part of the common infrastructure or are considered community facilities. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. Architectural features and elements including walls, fences, arbors, gazebos and the like. 10. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape/hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.9 of this PUD and the Land Development Code. Fill storage, site filling and grading are subject to the standards set forth in Section 2.10 of this PUD. Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LDC in effect at the time of the request for such use. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to General Permitted Uses: 5. 6. 7. Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback except that access control structures shall have a setback of 100 feet from public right-of-way external to the project. Other general permitted uses shall be set back a minimum of five feet from property lines. Minimum distance between structures, which are part of an architecturally unified grouping - five feet Minimum distance between unrelated structures - ten feet Maximum height of buildings - 35 feet Minimum floor area - None required. Minimum lot or parcel area - None required. 2.13 2.14 2.15 2.16 2.17 8. Sidewalks and bikepaths may occur within County required buffers, in accordance with Subsection 2.4.7.3 of the Land Development Code. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Livingston Village PUD are to be in accordance with the LDC provision in effect at the time of site development plan, subdivision plat or building permit application, as may be applicable. OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and other open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC. Open space shall include all pervious green space within development parcels and lots. NATIVE VEGETATION RETENTION REQUIREMENTS There are approximately 14.6 acres of native vegetation currently on site. Per Section 3.9.5.5.3 of the LDC, twenty-five percent of the native vegetation (3.7 acres) is required to be retained on-site. The four acres of preserve areas within the drainage easement on site shall fully satisfy the LDC requirement and Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. EXOTIC VEGETATION REMOVAL An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department review staff prior to final plat/construction plan approval. A schedule for exotic removal within the preservation areas shall be submitted with the above-mentioned plan. 'AGRICULTURAL ACTIVITIES The site has been used and is currently utilized for agricultural purposes. Agricultural activities, as defined in the LDC, shall continue to be a permitted use until such time as residential development has commenced. SIGNAGE A. General All Collier County sign regulations in force at the time of permit approval shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. For-the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within a County owned right-of-way, a right-of way permit must be applied for and approved. All signs shall be located so as not to cause sight line obstructions. Bo Do o All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers/easements. Residential Project Entrance Signs Entrance signs may be located at each side of each entrance to the project and may be one, two or three-sided. A maximum of two 1-sided, one 2- sided, or one 3-sided entrance signs may be permitted at each entrance. No sign face area may exceed 60 square feet and the total sign face area of entrance signs at each entrance may not exceed 120 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. The setback for the signs from any rights-of-way and any perimeter property line shall be five feet. Entrance signs may be lighted provided all lights are directed at the sign or are shielded. Entrance signs may not exceed a height of 15 feet above the finished ground level of the sign site. For the purpose of this Section, finished ground level shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road. The southeast corner of the intersection of Livingston Road and the entry drive at the project's northern property line (or the Green Boulevard Extension public roadway), shall be considered a residential project access and may be improved with residential project entrance signage. Interstate 75 Sign A ground sign shall be permitted along the eastern PUD boundary adjacent to Interstate 75. Such sign shall contain only the name of the development and/or the insignia and shall not contain promotional or sales material. The ground sign shall be compatible architecturally with the unified theme of the PUD. Such ground sign shall not exceed 200 square feet and shall have a maximum height of 20 feet. Sign area shall not include landscaped and architectural enhancements and treatments. Internal Signs in the Residential Districts Residential and community facilities entrance signs may be. located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights-of-way may be zero feet. Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Livingston Village PUD. Individual signs may be a maximum of 100 square feet per sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. 2-10 Eo Residential directional or identification signs may be allowed internal to the subdivisions. Such signs may be used to identify the location of or direction to approved uses such as models or model sales centers, clubhouse, and recreational areas. Individual signs may be a maximum of four square feet per side in size. Signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of eight feet. No building permit is required, unless such signs are combined to form a menu board. Directional/Identification Signs Directional or identification signs may be allowed internal to the Livingston Village PUD. Such signs may be used to identify the location of or direction to approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of six square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of eight feet. Real Estate Signs The developer may locate real estate signs within the project. The signs shall have a maximum size of six square feet per side. Such signs may advertise "For Sale", "Sold To", or "Lot #". No building permit is required. Temporary Signs 1. Temporary signs may be permitted and may consist of the following types: project identification, real estate, sales center identification, and directional. All other temporary signs may not exceed 32 square feet in area. If the sign is two-sided, each sign face may not exceed 32 square feet in area. The setback for temporary signs from internal rights-of-way shall be five feet. o Temporary signs may not exceed 10 feet in height above the finished ground level of the sign site. Temporary signs may remain in place simultaneously with permanent signage until the issuance of the certificate of occupancy for the 442nd residential unit. Special Event Signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 15 feet from any property line. No building permit is required. , 7. Grand Opening Signs: 2-11 2.18 The developer may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. A banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months of opening for business. 8. No building permit is required for temporary signs as listed above. 9. No temporary signs shall be visible from the 1-75 Right-of-Way. H. Construction Entrance Signs Two "construction ahead" signs may be located ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. I. Traffic Signs Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 2.19 UTILITIES Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way, or within dedicated County utility easements, shall be conveyed to Collier County pursuant to Collier County Ordinance 97-17, as amended, except as may be provided in Section 2.8 of this Document. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.8 of this Document. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks/paths will be allowed within a utility easement, including placement within three feet of a utility line. Canopy trees may be located seven feet from the utility line. Said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of sidewalk/paths, or 2-12 2.20 modification/reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. TRANSPORTATION The development of this PUD shall be subject to and governed by the following stipulations. All traffic control devices and design criteria used shall be in accordance with the applicable standards of the LDC and applicable standards of the Florida Department of Transportation (FDOT) unless otherwise addressed within this PUD document. Bo Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). C. Site related improvements will not be considered for impact fee credits. Road Impact Fees will be paid in accordance with the appropriate Collier County Ordinances, as amended. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and LDC, as amended. Median access and control will remain under Collier County Transportation Staff's authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, and roadway capacity problems. Sidewalks and bicycle travel ways shall be designed consistent with the applicable LDC provisions. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for their "fair share" of the cost of any and all traffic signal(s), at any and all development entrances(s), when determined warranted and approved by Collier County Transportation Staff. The developer shall be eligible for impact fee credits for expenditures above its fair share contribution. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Staff. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage / impact. 2-13 Ko Lo The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) as required by the LDC or other applicable ordinance prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are required, right-of-way and/or compensating right-of- way, shall be provided when required by applicable provisions of the LDC in conjunction with said improvement(s). All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64, as amended. All internal access(as), drive aisle(s), and sidewalk(s), not located within County right-of-way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). If a gate is proposed at any and/or all development entrance(s) they shall be designed to provide a minimum depth of 100 feet to the development key pad/phone box and turn-around area in front of any and/or all such gate(s). The developer shall reserve acreage along its northern property line for a segment of the potential future extension of Green Boulevard from Santa Barbara Boulevard to Livingston Road and/or the future east-west extension from Whippoorwill Lane to Livingston Road. The reservation shall be the northernmost 75 feet between Livingston Road and the mid-section line of Section 18, approximately 4.5 acres ("Western Roadway Reservation Area"), and the northernmost 100 feet width between the mid-section line of Section !8 and 1- 75, approximately 5.3 acres ("Eastern Roadway Reservation Area"). This reservation is made, in part, to accommodate a potential alignment of the potential westward extension of Green Boulevard for which an alignment study is scheduled to be undertaken between the years 2003 and 2004. Any request for dedication of said reservation which is limited to support the east- west extension of Whippoorwill Lane, or any request for dedication of the Western Roadway Reservation Area only, shall require prior listing of this roadway segment on the County's current and funded five-year Capital Improvement Schedule adopted as part of the Growth Management Plan. Any request for dedication of said reservation area which is limited to support the east-west extension of Whippoorwill Lane shall be limited to the Western Roadway Reservation Area only. This reservation shall expire January 15, 2006. Prior to January 15, 2006, the developer agrees to dedicate said reservation area to the County upon receipt of the County's request, and upon satisfaction of the above with respect to the 2-14 Western Roadway Reservation Area, if applicable. The Western Roadway Reservation Area shall be provided to the County without compensation and as required by Subsection 2.2.20.3.7 of the LDC. A dedication of the Eastern Roadway Reservation Area shall be in exchange for road impact fee credits equal to the fair market value of the property dedicated to the County and as required by Subsection 2.2.20.3.7 of the LDC. In the event that the developer has completed the project and there are remaining road impact fee credits the County shall reimburse the developer in cash the amount of road impact fee credits remaining. The value of the acreage dedicated to the County shall be based on the fair market value of the said acreage at the time of rezone approval and not at the time of a County request for dedication. In the event that impact fee credits are not available for use to acquire the reserved area, then compensation shall be made in cash. The developer shall demonstrate at the time of platting or SDP application that the reservation of the acreage has occurred. The developer reserves the right to improve the reserved area with landscaping and related improvements, but such improvements will not be considered as improvements in the evaluation of the land's value nor shall the project be dependent on such improvements for purposes of satisfying its obligations under this PUD, unless and until the reservation is deemed terminated as provided below. For example, improvements within the reserved area shall be in addition to the required perimeter buffers in the event the County requires the dedication of the reservation lands. Should the County obtain these lands, the County shall provide an easement, which allows the Developer the option to remove or retain and maintain such improvements until such time as roadway improvements commence. The developer further reserves the right to utilize the area reserved to the County for a project access driveway extending to a project entry which is proposed to be located approximately one-quarter mile east of Livingston Road. Developer shall be responsible for all necessary permitting associated with the portion of the driveway improvements to be constructed. In the event the driveway improvements are commenced prior to the termination for the reservation of the Western Roadway Reservation Area, or after the County's acquisition of either Reservation Area, the Developer shall construct the improvements consistent with the design standards of 2-lanes of the proposed 4-lane Green Boulevard Extension urban cross section or an approved cross section for Whippoorwill Lane, as may applicable, or any other alternative design cross section and associated standards acceptable to the Collier County Transportation Department. The Developer shall not be entitled to road impact fee credits for these driveway improvements. Should the County not elect to request the dedication of the reservation lands prior to the above date, then the reservation will be deemed terminated and the 2-15 2.21 encumbered acreage shall be released and may be incorporated into the project as if the reservation had not existed, and the Developer may relocate any previously provided project perimeter buffer to the Project's northern boundary. Project improvements which occur south of and adjacent to the reservation lands which occur prior to either the dedication to the County or prior to the termination of said reservation obligation, shall be required to include a 20 foot wide, Type D Landscape Buffer as defined in the Land Development Code. ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.2.25.8.1 of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2.22 2.23 MONITORING REPORT AND SUNSET PROVISIONS Ao The Livingston Village PUD shall be subject to the Time Limits of Section 2.7.3.4 of the LDC. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. INTERSTATE 75 BUFFER REQUIREMENTS The landscape buffer to Interstate 1-75 right-of-way shall have a minimum width of 20 feet measured from the existing eastern property line of the subject property. This buffer shall minimally meet the landscape installation requirements for Type D buffer as provided in the LDC. Additionally, the buffer improvements shall be designed to have an overall height of 25 feet at installation, as measured from the adjacent right-of-way grade. This height shall be achieved by the use of one or more of the following elements: trees, berm and wall. The maximum height of any wall element shall be eight feet and shall be screened on both sides by a hedge or County approved landscaping equivalent with a minimum height at installation of one-half the height of the wall. Said hedge or landscaping equivalent shall be maintained at a minimum height of 6 feet and must achieve this height within 2 years of the initial installation. Any wall or berm component use shall be consistent with development standards of this PUD or if not addressed, the applicable LDC development standard. Should a wall component be utilized, one-half of the required trees shall be installed on each side of the wall and the required trees shall be evenly spaced. Landscape improvements that exceed the minimum development standards of this PUD 2-16 Section shall be located at the discretion of the developer and need not comply with native species, palm restrictions, or minimum dimensional requirements of the LDC. Minimum standards for the spacing of the required trees required to reach the installation design height of 25 feet shall be 15 feet for palms. Should palms be utilized, then said palms shall be complimented by a mid-story installation of shade trees with a minimum spacing of 1 shade tree per 30 linear feet and an overall height at installation of 14 feet. 3.1 3.2 3.3 3.4 SECTION III RESIDENTIAL DISTRICTS PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "RI" and "R2". MAXIMUM NUMBER OF DWELLING UNITS The number of dwelling units to be built in Livingston Village pursuant to this PUD will not exceed 590. GENERAL DESCRIPTION Areas designated as "RI" and "R2" on the Livingston Village PUD Master Plan are designed to accommodate a range of residential dwelling types, compatible accessory uses, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "RI", and "R2" Districts is indicated on the Livingston Village PUD Master Plan. This acreage is based on conceptual design and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. PERMITTED USES AND STRUCTURES - "RI" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. 2. 3. 4. Single family detached dwellings. Single family attached, townhouse, two-family and duplex dwellings. Zero lot line dwellings. Model homes, sales centers including administrative offices and construction offices. Any other use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such a use. B. Accessory Uses: Accessory uses and structures customarily associated with the principal uses permitted in this District, including gazebos, picnic areas, pedestrian and bicycle paths, tennis courts, swimming pools, and other facilities intended for outdoor recreation, project maintenance facilities, guest 3.5 3,6 houses, boat docks (for residents of the project and their guests), garages, pools and other recreational facilities. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein by Section 2.17. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. PERMITTED USES AND STRUCTURES - "R2" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential "R1" District herein. 2. Multi-family dwellings. B. Accessory Uses: Accessory uses and structures customary associated with principal uses permitted in this District, including gazebos, pedestrian and bicycle paths, swimming pools, garages, pools and other recreational facilities. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. DEVELOPMENT STANDARDS Table 3-1 sets forth the development standards for land uses within the "R1" and "R2" Districts. Bo Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. Do Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within are to be in accordance with the LDC in effect at the time of site development plan approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table 3-1 shall be established during site development plan approval as set forth in Article 3, Division 3.3. of the LDC in accordance with those standards of the zoning district allowing uses most similar to the proposed use. Fo Attached or detached residences which include bedroom suites accessed from a courtyard and not the main house are permitted providing that: The bedroom suite structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance from the street of being one single-family residence and elevation; The bedroom suite structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and The bedroom suite structure shall not contain the residence's primary cooking facilities. TABLE 3-1 DEVELOPMENT STANDARDS FOR THE "RI and R2" RESIDENTIAL DISTRICT SINGLE SINGLE ZERO LOT TWO FAMILY MULTI FAMILY FAMILY & FAMILY LINE A'FI'ACHED & DETACHED DUPLEX DWELLINGS TOWNHOUSE Minimum Lot Area 5,000 sq.fl. 3,500 sq.lt. 3,500 sq.fl. 2,000 sq.ff. 2,000 sq. ft. Minimum Lot Widths 50 ft. 35 ft, 35 ft. 20 lt. 60 ft. Principal & 15 ft. 15 ft, 15 ft. 15 ft. 15 Accessory Side Entry Front Yard Garage 10 It. 10 ft. 10 ft. 10 ff. 10 ft. SetbackS,7, and/or Front ~o Porches Garage or Carport on n/a n/a n/a n/a 0 ft. Parking Lot Accessway Rear Yard Principal 10ft. 10fl, 10ft. 10ft. 10lt. Setback 2, 8, 7, 11 Accessory u, 9, l0 5ft. 5fl. 5ft. 5ft. 10ft. Side Yard Setback Principal & Accessory 6 It, 0 It or 6 ft. 0 ft or 6 ft. 0 It or 6 ft. 10 ft. 2,4,7,8,9,10 Maximum Height 3, ~3 35 ft. 35 ft. 35 ft. 35 ft. 45 ft. Minimum Distance Between 10 ft. 10 ft. 10 lt. 10 ft. 20 It. Principal Structures Minimum Floor Area 1,000 sq.lt. 900 sq.lt.. 750 sq.lt. 750 sq.ft. 750 sq Setback from Preserve - 25 ft 25 It. 25 lt. 25 lt. 25 Principal Structures Setback from Preserve - 10 ft. 10 lt. 10 ft. 10 ft. 10 ft. Accessory Structures 1 Front-yards are measured from the back of curb or edge of pavement (if not curbed). 2. Where adjacent to a lake or open space feature, setback is reduced to zero-feet (0'). 3. Building height shall be measured from the first habitable finished floor elevation of the unit. 4. Zero feet (0') or a minimum of six feet (6') on either side except that where zero foot (0') is utilized, the opposite side of the structure shall have a minimum distance between structures of ten feet (10'). Zero foot (0') yards may be used on either side of a structure provided that the distance between structures is ten-feet (10'). Patio and pool enclosures, pools and similar accessory uses may encroach into any side yard. Where a physical improvement(s) is proposed to be placed within the side yard setback and such improvement(s) will prohibit access to the rear yard for maintenance purposes, then an appropriate access easement with a minimum width of 3 feet shall be provided. 5. Minimum lot width may be reduced by 29% for cul-de-sac lots provided minimum lot area requirements are met, 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the back of curb or edge of pavement (if not curbed). 7, Guest houses or bedroom suites are subject to setbacks requirements for principal structures 8. Accessory pool enclosure/screen lanai setback may be reduced to zero feet (0') when attached to common privacy wall. 9. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to zero feet (0'). 10. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 11. Principal or accessory structures may not encroach into any required landscape buffer. 12. Lots supporting a principal residence and a quest house shall have a minimum lot area equal to 1½ times the minimum lot area requirement of the principal use. 13. Limited to a maximum of three (3) habitable stories. 4. t 4.2 4.3 SECTION IV RECREATION DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "REC". GENERAL DESCRIPTION The approximate acreage of the Recreation District is indicated on the Livingston Village PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Tract is designed to accommodate customary recreational and amenity uses for a planned residential community. Depiction of the Recreational land use on the PUD Master Plan does not obligate Developer to designate a recreational land use for this acreage and this area may be developed with R1 or R2 District land uses. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Principal Uses: 1. Community and recreational uses and facilities such as clubhouse and similar facilities that serve as an integral part of a residential development. 2. Shuffleboard courts, tennis courts, swimming pools, children's playgrounds and other facilities intended for outdoor recreation. 3. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. 4. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation District. 5. Utility, water management and rights-of-way/access easements. 6. Lakes and water management facilities. 7. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 8. Lake excavations as permitted by Division 3.5 of the LDC. Accessory Uses: 1. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. t 4.4 Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein Section 2.17. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. DEVELOPMENT STANDARDS Principal structures shall be set back a minimum of 10 feet from "REC" District boundaries and private roads, and 25 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. In no instance shall any structure encroach into a required landscape buffer. Accessory structures shall be set back a minimum of five feet from "REC" Distdct boundaries and private roads, and 20 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 3. Maximum height of buildings - 35 feet. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - 10 feet. 5. Minimum distance between all other principal structures - 15 feet. Minimum distance between all other accessory structures - 10 feet. Minimum floor area - None required. 8. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-23 Which was adopted by the Board of County Commissioners on the 13th day of May, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day Of May, 2003. DWIGHT E. BRO~CK Clerk of Courts, and C!~k Ex-officio to Boardi County Commissioners By: Marie Clos, Deputy Clerk