Ordinance 2017-50 ORDINANCE NO. 17- 5 0
AN ORDINANCE AMENDING ORDINANCE NO. 03-23, THE LIVINGSTON
VILLAGE PLANNED UNIT DEVELOPMENT (PUD), TO APPROVE AN
INSUBSTANTIAL CHANGE TO THE PUD TO MODIFY STANDARDS
RELATING TO STREET TREES, AND PROVIDING FOR AN EFFECTIVE
DATE. THE SUBJECT PROPERTY IS 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, CONSISTING OF 148.98+/- ACRES. [PDI-
PL20160002748]
WHEREAS,on May 13, 2003,the Board of County Commissioners approved Ordinance No.
03-23, which established the Livingston Village Planned Unit Development zoning district; and
WHEREAS, Marbella Lakes Owners Association, Inc., represented by Robert J. Mulhere,
FAICP, of Hole Montes, Inc., filed a petition to request approval of an insubstantial change to the
Livingston Village PUD, which was approved by the Collier County Planning Commission on
November 16, 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION 2.9 OF THE PUD DOCUMENT
ATTACHED TO ORDINANCE NO. 03-23, THE LIVINGSTON VILLAGE
PUD.
Section 2.9 of the PUD document attached as Exhibit "A" to Ordinance No. 03-23, the
Livingston Village PUD, is hereby amended as shown in Exhibit "A", attached hereto and
incorporated herein by reference.
SECTION TWO: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
[16-CPS-01626/1378625/1190
Livingston Village PDI-PL20160002748/11.16.17
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PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 14+� day of ' ,c,a,M''` , 2017.
ATTEST: `1, BOARD •F f UNTY COMMISSIONERS
DWIGHT E. BROCI ,�aCLIK COLLI ; 0 TY, FLORID•
By: �':. .. ,. 4 . By: //as/L../ _ A
`ia:_ :!I C '`�'�'1 PENNY T or •R, Chain
signature Oal {_
Approv d as to orm and legality:
IA itifiet-9
Scott A. Stone
Assistant County Attorney
Exhibit A—revision to Section 2.9 of the Livingston Village PUD
This crdInan:l f.`'5d with tt,lt. p
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10* day of ,..: , - _._t.
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[16-CPS-01626/1378625/1190
Livingston Village PDI-PL20160002748/11.16.17
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EXHIBIT
SECTION II
Of
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. ' -• -2: .
* * * * * * * * * * * * *
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.
•
- . . - - '• : - -- •:.
- - '-•'•: `:- ; - :
'• - . . : ;
roadway or access way. Shade trees in proximity to sidewalks or other paved
: . -. ;- •- - - •- - . - -•• •: ; : •:
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
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consistency with the Street Tree Master Plan. This tree requirement may count
• . - • ;: . .
Collier County hand Development Code requirements, trees shall be required to
EXHIBIT
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
December 13, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 17-50, which was filed in this office on December 13,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us