CCPC Resolution 2017-06 (PDI-PL20160002748) CCPC RESOLUTION NO. 17— to
A RESOLUTION OF THE COLLIER COUNTY PLANNING
COMMISSION FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE
NO. 03-23, AS AMENDED, THE LIVINGSTON VILLAGE PUD, TO
MODIFY PROVISIONS RELATING TO STREET TREE STANDARDS.
THE SUBJECT PUD PROPERTY CONSISTS OF 148.98± ACRES,
LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD,
APPROXIMATELY ONE MILE SOUTH OF PINE RIDGE ROAD IN
SECTION 19, TOWNSHIP 49 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA. [PL20160002748]
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County; and
WHEREAS, the Collier County Planning Commission is authorized by the Board of
County Commissioners to grant insubstantial changes to PUD Ordinances in accordance with
Subsection 10.02.13.E.2 of the Land Development Code; and
WHEREAS, the Collier County Planning Commission, being the duly appointed planning
agency for the area hereby affected, has held a properly noticed public hearing and has considered
the advisability of the requested insubstantial change to modify provisions relating to street tree
standards as shown on the revised Section 2.9 of the Livingston Village PUD attached as Exhibit
A, for the property hereinafter described, and has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 10.02.13.E.2 of the Collier County Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Commission in public meeting assembled and the Commission having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING
COMMISSION OF COLLIER COUNTY, FLORIDA, that:
Petition No. PDI-PL20160002748 filed by Robert J. Mulhere, FAICP, of Hole Montes,
Inc., on behalf of Marbella Lakes Owners Association, Inc., with respect to the property described
in Ordinance No. 03-23, as amended, the Livingston Village Residential Planned Unit
Development, also known as Marbella Lakes, be and the same is hereby approved to modify
9/20/17
Livingston Village PUD(Marbella Lakes)
PDI-PL20160002748 1
provisions relating to street tree standards, as shown on the revised Section 2.9 of the Livingston
Village PUD attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote on the I(p4 day
of N 0,4,,,0,4_,,, L,
ATTEST: COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY, FLORIDA
f
Of. 4typta-i
Thaddeus Cohen, Department Head K ren Homiak, Vice-Chairman
Growth Management Department
Approved as to form and legality:
Sc ' t A. Stone
Assistant County Attorney
Attachment: Exhibit A—revised Section 2.9 of the Livingston Village PUD
9/20/17
Livingston Village PUD(Marbella Lakes)
PDI-PL20160002748 2Ca
SECTION II
PROJECT DEVELOPMENT
* * * * * * * * * * * * *
2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Livingston Village PUD. Except as specifically provided in paragraphs A.
through K., the provisions of the LDC shall apply, as applicable, to landscape buffers,
berms, fences, and walls. The following standards shall apply:
* * * * * * * * * * * * *
K. Street Trees previously required pursuant to the Street Tree Master Plan may be
removed. Such trees are not required to be replanted. All single family lots must
meet the minimum planting requirements set forth in the LDC. Prior to the
removal of any Street Trees, Marbella HOA shall submit an insubstantial change
to the approved project landscape plan identifying the fact that the Street Trees
are to be removed and identifying any single family lots that do not meet the LDC
minimum tree requirements. The revised landscape plan shall include one or more
typical planting plans for such lots that do not meet the LDC minimum tree
requirements, and evidence that the necessary plantings have been installed by the
Marbella HOA at their expense on common area property or on the single family
lot with the homeowner's written consent.
access ways. A Street Tree Master Plan shal - .. . - - . .. • .
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
areas shall be installed with a deep root barrier system. Street trees shall be placed
at the more restrictive spacing of one tree 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 the sidewalk when viable. Once installed, should a
street tree be displaced or die, it shall be replaced within 6 months. Replacement
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provided for by the Collier County Land Development Code. If utilized to satisfy
Collier County Land Development Code requirements, trees shall be required to
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