Ordinance 92-031 THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY J
AMENDING THE OFFICIAL ZONING ATLAS MAPS ~
NUMBERED 8§11S AND 8513S; BY CHANGING THE , ~
ZONING CLASSIFICATION OF THE HEREIN DESCRIBED '' ' "~
REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS LIVINGSTON ROAD COUNTRY
CLUB, FOR PROPERTY LOCATED AT THE'NORTHWEST
CORNER OF THE FUTURE NORTH/SOUTH EXTENSION OF
LIVINGSTON ROAD AND THE FUTURE EAST/WEST
COLLECTOR ROAD TO US-41, IN SECTIONS 11, 12,
AND 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 482~
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
W~REAS, Robert Duane o£ Hole, Montes and Associates,
representing Associates of Livingston Road, Ltd., petitioned the
Board of County Commissioners to change the zoning classification
of the herein described real property;
NOS{, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Zoning Classification of the herein described real
property located in Sections 11, 12 and 13, Township 48 South,
Range 25 East, Collier County, Florida, is changed from "PUD" to
"PUD" Planned Unit Development in accordance with the PUD
document, attached hereto as Exhibit "A" which is incorporated
herein and by reference made part hereof. The Official Zoning
Atlas Maps Numbered 8511S and 8513N, as described in Ordinance
Number 91-102, the Collier County Land Development Code, are
hereby amended according~y. ,
Ordinance Number 90-49, as amended, known as the Livingston
Road Country Club PUD, adopted on June 5, 1990 by the Board of
County Commissioners of Collier County is hereby repealed in its
entirety.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with th. S.cr.tary of Sta~_
_~_
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~ day of ~[~¥ , 1992.
7~E~ C;'~i'~E~. C~E~ COLLIER CO~TY, F~R~DA
~G~ SUFFICI~CY
i ~701~ ]4. STUDF/qT
COUNTY. ATTORNEY
" I:'UD-89-29 (1) ORDINANCE
· nb/E629' ' This ordlnor~ce flied with
052P, 3'32
Ills
,'. ~. for
~t:~ LIVINGSTON ROAD COUNTRY CLUB
, Prepared By:
HOLE, MONTES & ASSOCIATES, INC.
~' ' 715 Tcnth Street South
Naplcs, Florida 33940
Rcviscd Fcbruaty 26, 1992
Junc 11, 1990
HMA Filc No. 88.126
EXHIBIT "^"
TABLE OF CONTENTS
PAGF,
SECTION I
STATEMENT OF COMPLIANCE 1
SECTION II
:~i. PROPERTY OWNERSHIP, LEGAL DESCRIPTION,
SHOKT TrrI.E AND STATEMENT OF UNIFIED CONTROL, 2
SECTION
4' STATEMF_.NT OF INTENT AND PLAN APPROVAL 3-5
: SEC'I'ION IV
,,~ SINGLE-FAMILY DEVELOPMENT REQUIREMENTS 6-8
SECTION V
MULTI-FAMILY DEVELOPMENT REQUIREMENTS 9-10
SEC'I'ION VI
:.. CjustER HOUSING DEVELOPMENT REQUIREMENTS 11-12
SECTION VII
,~:,' GOIS~ AND COUNTRY CLUB DEVELOPMENT REQUIREMENTS 13-14
,~ SECTION VIII
OPE5[ SPACE/CONSERVATION AREA DEVELOPMENT
REQUIRF. MENTS 15-16
SECTION IX
TRANSPORTATION REQUIREMEN'I~ 17-19
SECTION X
UTILITY REQUmEMENTS 20-21
~,' SECTION XI
WATER MANAGEMENT AND ENGINEERING REQUIREMENTS 22-2.3
SECYION XII
ENVIRONMENTAL STANDARDS 24-25
LIST OF EXHIBITS
,~,!.,. EXHIBIT 1 - P.U.D. MASTER PLAN
· - EXHIBIT 2 - LEGAL DESCRIPTION
SEC~rlON I
STATEMENT OF COMPLIANCE
Tho dev~lopmcnt of 482:t: acres of property in Scction I1, 12 and 13, Township 48 South,
Range :23 F..~st, Collier County, Florida as a Planned Unit Dcvelopment to bc known as the
Livingston Road Country Club will b~ in compliance with tho planning goals and objectives
of Collier County for the following reasons:
1. The project is consistent with all applicable elements of the Collier County Growth
Management Plan, as this project allows less that two dwelling units per acre whereas
--- the Growth Management Plan allows up to three dwelling units per acre.
2. The project incorporates natural systems into either preserve areas or as integral
cgmponent~ of the water management system to enhance their natural function.
3. The project is compatible with adjacent land uses through the internal arrangement of
structar~ the placement of land use buffers, transitions in land use, and the proposed
d~v~lopment standards.
4, The project lnclud~ dedication of public fight-of-ways for the north-south and east-
we~t extension of Livingston Road.
3. E.x'tenslv~ open spac~ spaces ara included throughout the project to provide for the
r~cremtlon~l needs of pro~ect residents and to preserve the integrity of natural features.
6. Ail improvements shall b~ in compliance with all applicable County regulations
portaiz~ing to construction and d~ign.
052 3'35
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION,
SHORT TITLE AND STATEMENT OF UNIFIED CONTROl.
2.1 PROPERTY OWNERS.FlIP
' The subject property is currently owned by Assoclatcs of Livingston Road, Ltd.
2.2 LEGAL DESCRIPTION
~'aitached legal description in Exh~it 2 for project lands located in Section 11, 12
and 13, Township 48 South, Range 25 East, Collier Count, Florida.
This Ordinanc~ shall bc known and cited as "livingston Road Country Club Planned
Unit Development Ordinance."
2.4 STATEMENT OF UNIFIED CQN'I~QL
It is thc intent of the Associates of Livingston Road, Ltd. to develop a Planned Unit
Development of approximately 482-- acres on property located in Sections 11, 12 and
13, Township 48 South, Range 25 East. This statement represents that the Associates
of Livingston Road, Ltd., currently has lands under unified control for the purpose of
obtsining PUD Zoning on the subject property. Development of this Planned Unit
Development will occur in accordance with the submitted Planned Unit Development
Regulations and any conditions thereof approved with the Rezone Petition as described
and agreed to within the PUD Document.
SECTION III
STATEMENT OF INTENT AND PLAN APPROVAL
3.1 INTRODUCTION
I.t,!s the intent of th~ Project Sponsors to develop a planned residential community,
with a goff course, open spaces and a mix of single-family and multi-family land uses
on 482 acres. It is the purpose of this document to prov/d¢ the required development
/'t~nda2d/f0r'~e project and commitments of thc project to implement thc proposed
dcyel, o. pment standards.
A.-"Section' 3.2.A. - "Changes and variations in building shall be permitted via the
Prelirninavj Subd/vision Plat (PSP) process or the SDP process in accordance w/th
the Subdivision Regulations and the standards contained herein. In no case shall
a final Site Development Plan (SDP) be approved until the plat for the tract has
been approve&"
B. ~ - "Construction of the golf course ma)' proceed once the plat has
been approved and pr/or to recording of thc plat in accordance with thc approved
SPS and site plan."
C. Sect/on 3.2.C. * At thc time of Subdivision review and approval for each
subdivhion phase, thc size and configuration of re~idcntlal lots shall be identified,
along w/th the assignment of the number of residential dwclllng units for each
tract. For each succeeding subdivision and/or SDP, a table shall be included
which summarizes the total dwelling units assigned for the pending approval,
order to facilitate thc County's monitoring of thc project.
3.3 GENERAL
Unless othcrw/sc noted, thc definitions of all terms shall bc thc same as thc definitions
set forth in Collier County Land Development Code (LDC) in effect at thc time
bw'ld/nE permit application.
3.4 LAND USE.INTENSITIES
Tract boundaries set forth on the PUD Master Plan are intended to set forth thc types
of uses permitted in thc development. Notwhhsmnding regulations contained, herein,
or thc PUD Master Plan, residential dwelling units may bc shifted from one tract to
another as long as thc total number of dwelling units permitted, 750, is not exceeded.
However, the multi-family tract located on the south side of Livingston Road will be
limited to a density of twelve (12) dwellings per acre.
3
II
SITE CLF..A_RING AND DRAINAGE
Cleating, grading, earthwork, and she drainage work shall be performed in accordance
with applicable Collier County Codes and Ordinances, and th-. standards and
commitments of this document when effective.
3.6 EASEMENTS FOR UTILITIES
Eases .eh .ts, where required, shall be provided for water management areas, utitities and
other purposes as may be needed.
Ail necessav/easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities and will be in
substantial compliance with applicable regulations in effect at the time approvals are
requested.
3.7 MODEL HOME/SALE OFFICE - PROJECT PLAN APPROVAL
A. No more than three "Dry Models" may be constructed prior to recording of a plat
for the project if applied for by the project owner. Site(s) for the model(s) must
conform to zoning standards and be located on a future platted lot. A metes and
bounds legal description shall be provided on the site plan required as part of the
building permit issuance. Access shall be provided to each model from the model
serving as a "Sales Center" or an approved independent "Sales Center". Access
shall be for pedestrian traffic only, no paved road will be allowed.
B. A "Sales Center" may be constructed prior to recording of a plat. The "Sales "
Center" shall be limited to one structure (one building permit). It may be
serviced by a temporary utility system (i.e. dry well and septic tank/drainfield)
prior to availability of central utility systems at which time connection to the
central system will be made. Interim fire protection facilities in accordance with
NFPA requirements are required unless a permanent water system is available to
serve the Center.
C. Review and approval of the "Sales Center" shall follow the requirements of the
SDP process (I..DC Section 3.3). A metes and bounds legal description shall be
provided as part of the application. Access to the "Sales Center" shah be
provided by a paved road or temporary driveway which meets County standards.
A water management plan must be provided which accommodates the runoff
from the "Sales Center", the required parking and access road/driveway and any
other impervious surfaces. The system shall be designed to fit in with the master
water management system for the entire development.
D. At the time of building permit application for a "Sales Center" a temporary use
permit shall be obtained. "Sales Center" may not be occupied until a Certificate
of Occupancy is issued. Models must obtain n conditional Certificate of
Occupancy for model purposes only. Models may not be occupied until a
4
.... permanenrCertiQcate of Occupancy is issued.
Al~cultural uses ~nd/or exemptions shall be permitted through May 12, 1997 unless
either one o{ the following conditions occur first:
1. completion of construction of the N~r~h~outh portion of Livingston Road
abutting the property;, or
2. completion of construction of the East-West portion of LMngston Road
.. .. abutting.the property;,
'iii 7which ca~e ~h'e agricultural use ancot exemption for the proFerly shall no longer be
l~n:~itted.
... .. .
052,-,3'39
" SINGLE-FAMILY DEVELOPMENT REQUIREMENTS
4.1 Pur~osI~
The purpose o[ this Scction is to set forth thc permitted usc~ and regulations for thc
a_rca~ dcsisuatcd ~ Single-Family Residential on thc PUD Master Plan.
Where specific development standards arc not set forth in this document, applicable
development standards that are in affect at the time pcrmit~ are requested from the
Colllcr County Land Development Code (LDC) shall apply.
4.:3 PERMrTTED RESIDENTIAL USES AND STRUCTI,IRES
A. Uses and S~ructur~t: 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:
1. Pcrmittcd Principal Uses and Structures
a. Single-family housing.
b. Commonly owned recreational open space.
Pcrmittcd Acccsso~ Uses and Structural:
a. Acc~sory uses customary in residential areas including c.~cntial
services, modal homes sales offices and recreational facilities, including
similar kinds of uses.
b.. Signs in accordancc with Division 2.5 of thc Land Development Coda
and Section 4.3.B.7 of this document.
c. Gatchouscs.
d. Privacy and entry walls.
B. Devclopmcnt Standards $inglc F0ffli]y
1.
RSF-1 6,000 S.F.
RSF-2 7,500 S.F.
RSF-3 I0,000 S.F.
6
05Z,. 340
2. Minimum Lot Width: "
RSF-I Corner. 70 FT,
Interior.
RSF-2 Corner - 75 FT,
Interior - 70 FT,
~".' ESF-3 Corner - 95 FT,
- Interior. 80 FI'.
· Cul-de-sac Lots - 40 lT. (front yard)
3. Minimum Setbacks from Tract Boundaries and Property_ Lines as measured
in feet:
, Accessory
' ~' RSF-I RSF-2 RSF-3 Structur~
~.,. Front Yard: 25 25 30 10
Side Yard: 7'/5 7½ 10 10
,_.; Rear Yard: 25 25 25 10
;: 4, Maximum Buildin~ Hei_~hi:
Principal Structures: Thirty Five (35) feet.
Accessory Structures: Twenty (20) feet.
5. Minimum Hoor Area:
~ RSF-1 1,200 S.F. living area
RSF-2 1,200 S.F. living area
RSF-3 1,500 S.F. living area
"., 6. Parking:
In accordance with the requirements of the Collier County Land
," Development Code.
7. St~a_~e:
a. The developer intends to create a uniformly designed special signage
and identification system, including but not limited to, subdivision and
entrance signs for the project to complement the intended development
themes and architectural styles Such signs may be located at all project
,~. entrance points as well as at other focal points within the development
.~,~. with the approval of the Planning Services Manager or his designee nnd
'~ the standards will be enforced through restrictive covenants and/or
architectural controls.
.~,' b. A one hundred (100) square foot entrance sign or two (2) forty (40)
ii~: square foot entrance signs arc permitted at each major entrance.
8, Int¢_m'ation of Different Hous[n_~
?,, Reco~n~izing that ibc plans for dcvelupmcnt at'Tracts haYe not been spcclricd
· beyond either single or multi-family development and that difrcre.t types of
~:~ residential development are permitted thereon, the approval of any specific
SDP or PSP for developmcnt of such Tracts, or any part of thereof, wi~h
respect'to the particular type of residential dwellings and the location and
mixture thereof, will be based upon and take into considcrat[on such of the
.'.. . following factors as are deemed appropriate by the Phmning Scn4ccs
i.:' Manager for the harmonious development of each Tract with a minimum of
.~::: interference between different housing types.
t~. a. Physical separation of housing types into discrete areas.
b. Landscape or constructed barriers between different housing P/pcs
meeting at a minimum the standards of Division 2.4 of ~he Land
~'!;~.. ' Development Code unless modified by thc Planning Services Manager,
!::, or open space deemed appropriate by the Planning Services Manager.
c. Separation of housing types by common amenities.
~i' ' Consistent with the foregoing, the developer will not mix individual single-
.! ~' family dwellings with attached single-family or with multi-family dwellings.
SECTION V
MULTI-FAMILY DEVELOPMENT REQUIREMENTS
The purpose of ~is Section is to set forth the permitted uses and regulations for the
., areas d~ignated as Multi-Family Residential on the PUD Master Plan.
Where specific development standards are not set forth in this document, applicable
dcvclopment standards from the Collier County Land Development Code shall apply
.;:~ that are in effect at the time permits arc requested.
1" '~. 5.3 PERMITTED RESIDENTIAL USES ANI) STRU~ES
ii~ A. 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:
· I. Permitted Principal Uses and Structures
~ a. Single-family housing.
b. Commonly owned recreational opcn space. '.
"~ 2. l%rmittcd Accessory, Uses and SIl'~cturc~:
Acce~ory uses for any structure customary in residential areas including
essential services, model homes, sales offices and recreational facilities,
including similar kinds of uses.
B. Dcvclopment Standards SinEle Far~ily
1. Minimum Lot Area - One (1) acre
2. Minimum Lot Width - One hundred fifty (150) feet.
3. Minimum Setbacks from Tract B0~l~d01'ies and Propelav Lines:
a. Front Yard: Thirty (30) feet plus one (I) foot for each two (2) feet of
~!.., building height over thirty (30) feet.
':' b. Side Yard: Fifteen (15) feet plus one (1) foot for each r, vo (2) feet of
i building he{ght ovcr thirty (30) feet.
9
,Dx
c, Rear Yard: Thirty (30) feet plus one (1) foot for each two (2) feet of
building height over thirty (30) feet."
4, M~zximum Height of Structures - Forty-five (45) feet.
i? 5. Distance Between Structutt, t - Between any two (2) principal structures on
the same parcel there abel! be provided n distance equal to one-half (½) the
':: .... sum of' their heights,
6. Minimum Floor Area - Slx hundred (600) square feet for one (I) bedroom
'" :' "unit and seven hundred fifty (750) for two (2) bedroom units,
-'- ?. l~arkin_e - In accordance with the standards of the Collier County Lend
Development Code when pen'nits are requested.
" "::" 8. Landscapin~ Bufferin~ - A landscape buffer shall be provided along thc
i. "' perimeter of any multi-family areas that arc external to the project boundary
.~.: .. .in accordan~ with the.standards of Division 2.4 of the Land Development
~' - ........Code when permits are requested.
10
052,, 344
" · ' SECTION IV
CjustER HOUSING DEVELOPMENT REQUIREMENTS
6.1 PURP0.S. li
The purpose of this Section Is to set forth the permitted uses and development
rellulattons for cjuster housing areas on the PUD Master Plan.
Where spc'(~ifi~ dc,2Clopmc'~t standards are not set forth in this document, applicable
development standar~ of the Collier County Land Development Code shall apply that
~ in effect at the time permits arc requested.
6.3 ~.~,F, M1TI'ED USES AND STRUCTURES
A. Uses and Structures: No build;rog 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:
1. Sing]e-family attached type dwelling units including: v~llas, townhouses, zero
lot l~ne and patio homes, an other similar attached or detached single-family
dwelling unit ~'pes in all areas designated for residential use on the PUD
Master Plan.
2. All accessory uses permitted in single-family or multi-family areas.
l!k Parking,
Tho off. street parking shall be as required by the 1.~nd Development Code of
Collier County at the time building permits are requested.
The landscaping requirements shall be as per the Land Development Code of
Collier County at the time building permits are requested.
D, Development Standards
~, PATIO
(zEr<o
?ERMITrED USES CjustER SIDE TOWN
STANDARDS DUPLEX HOMES YARD) HOUSE
Minimum Site Area 4,500 S.F. 4,500 S.F. 4,500 S.F. 3,400 S.F.
Front yard Setback 15' 15' 15' 15'
Side Y~d Setback 10' 10' I0' 10'
Lake Bahk Setback 20' 20' 20' 20'
!, "%~t. "3'-;;;:'~ -..' .
R~r ~f'~ Set~ack 20' 20' 20' 20'
.': Rear'Yard S~baCk 10' 10' 10' 10'
:~. Acce~ory
Max/mum Building 25'
Height
;:~ ,, Dhmnce Between O' O' O' O'
Principal Su~cture
~J,, Dimtanc~ Between 10' 10' 10' 10'
PHndpal & Acce~sor7
Structum
Height 25' 25' 25' 25'
. .,' Aec¢~_,ory Structure
':':' Floor At'ca Minimum 1,000 S,F, 1,000 S.F, 1,000 S.F, 1,000 S,F,
* A twcnty-fiv~ (25) foot setback shall bc required from ail tract boundaric~
· * Whcrc lot lines arc not included in thc cjuster housing regime a ten (10) foot
' separation shall be required between structures,
SECTION VII
GOLF AND COUNTRY CLUB DEVELOPMENT REQUIREMENTS
':' 7.1 ~
:, -* '~h~"{~se' oS tfil's' Section is Io set furth the permitted uses nnd development
~ ' ..:.-:regtdations for the Golf Coune.
72 G~RAL
;.,i';' "'. Wher~ specific development standards are not set forth in this document, applicable
d~v~lopment standards of Collier County Land Development Code shall apply that are
- in.effect at the time permits are requested.
7.3 PERMrlTED USES GOLF' AND COUNTRY CLUB
A. Permitted Uses nnd Structures: No building or structure, or part thereof, shall be
er~cted~ altered or used, or land or water used, in whole or in part, for other than
tho following:
1. Permitted Prtnci_oal Uses and Structures:
a. Golf Course
2. Permitted Accessory_ Uses and Structures: :
· a. Clubhouses, pro-shop, practice driving range nnd other customary
accessory uses of golf courses, or other recreational facilities.
~,"' b. Small commercial establishments, including gift shops, golf equipment
sales, restaurants, cocktail lounges, and similar uses, intended to serve
,"'.: patrons of the golf course and other permitted recreational facilities.
~...:. c. Multiple tennis courts, shuffleboard courts, swimming pools, and other ..
.... types of facilities intended for outdoor recreation common to a country
~ club.
· d. Roads, pathways, accessory uses and structures customarily associated
with the permitted use, including but not limited to utility structure.t.
water management facilities, maintenance shops and equipment storage
facilities, non-commercial plant nursery, etc.
e. Polling places in' accordance with Section 2.6.30 of the Land
Development Code.
~.,
13
.,. l~ ]~cv~lopmen! S~nndards Golf Course
,. 1. General Reo_utremcnts:
~. a. Overall site design shall be harmonious i~, t~rms o[ I~nds~ping,
~'~ cnclosu~ of st~cture~ I~tion o{ access streets ttttd parkln8 urc~s and
~ Io~tion a~d treatment of buffer areas,
~, ~ ~. b. Buildin~ shall be set back s minimum of fif~ (50) feet frum abuttin~
;~ r~idential distfic~ and the setback area shall be appropriately
;. ..... lan~ped and maintained to act as a buffer zone. No paring ~11 be
a~owed in the buffer.
....: ~' ~mum Height of Structures:
Fo~ (40) feeu
3. ~ar~n~
~e off-s~e~ 'P~S shall be ~ requked ~ the ~nint Ordinance of
~ier ~unW at the time building pe~i~ are requested.
.;~.' 4, BuffednF:
Msintensnce and equipment storage areas shall be screened from adjo~ins
pro~l~ tn accordance ~th the standards of Section 8.37 of the ~nins
14
,. ................ SECTION Vlll
OPEN SPACE/CONSERVATION AREA DEVELOPMENT REQUIREMEN'I~
Tho purpose of this Section is to set forth thc permitted us,-.s and development
regulations for thc open space/cunservation arcas, as well as the project's dcvclopment
criteria for this arcs.
8.2 PERMITTED USES Q~q QPEN SpACF_JCONSERVATION
A. Permitted Uses ~)ld St~etur¢~: No building or structure, or part thereof, shall bc
~rcctcd, altered.or.used, or land or water used, in whole or in part, for other than
Lhe following:
1. Permitted Principal Uses and Structures:
a, Park~ and playsrounds
Biking, hiking, and nature trails.
c. Nature preserves and wildlife sanctuaries.
d, Recreational shelters and restroom facilities.
e. F_Jevated boardwalk through wetlands.
f. Water management structures.
g. Pathways, accessory uses and structures customarily associated with the
permitted use, including but not limited to utility structures, lakes, wa~er
management facilities, etc.
h. ' Other similar kinds of recreational and open space uses which are
compatible with the foregoing including agricultural uses only until such
time as development c. 0mrner~ces on the proiect.
Permitted Accessory Uses and Structures:
a. Accessory uses and structures customarily associated with principal uses
permitted in this District.
b.Maintenance and storage areas and structures that do not interfere with
the function of natural systems.
3. Maintenance:
· ': Tho developer shall establish a Property Owners' Assocint[on for the project
which will be responsible for thc maintenance, and conservation of th~ open
space/conscrv'~tion areas, recreational facilities, private streets, sidewalk,
parks and other common facilities.
SECTION IX
TRANSPORTATION REQUIREMENTS
~:. ' Tho purpose of this section is to set forth the gene,'al transportation commitments for
!~,;:' ~he projcct.
A. The County reserves the right to prohibit median openings within one quarter (V0
of a mile o{ the intersection of the north/south and east/west segments of
Livingston Road at thc time of roadway multi-laning (4 or more lancs).
B.The entrances to the single-family and multi-family tracts on the east/west segment
of Livingston Road shall be in alignment.
C.If any of the entrances are to be gated, the gate house shall be designed and
located so as not to cause vehicles to bc backed up to Livingston Road.
D. Thc developer shall provide left and right turn lanes at all project entrances and
shall bc respons~Ic for thc cost of all necessary modifications related to project
entrances upon thc four-laning of either segment of Livingston Road.
E. Thc dcvclopcr, or his assigns, shall provide a fair share contribution toward the
capital cost of a traffic signal at any project entrance when deemed warranted by
thc County. Thc signals shall bc owned, opcratcd and maintained by Collicr
· , County.
F. Thc developer shall provide arterial level street lighting at all project entrances.
(3.Acccss to thc golf course maintenance facility shall be limitcd to right turns in and
ril~tt turns out upon thc four-lanlng of Livingston Road.
H. Thc developer shall donate road right-of-way along all frontages under his control
on both scgrncnts of Livingston Road consistent with thc prcliminary right-of-way
map approved by the Board of County Commissioners and subject to revisions
applicable to final road design and final right-of-way requirements. Since it is
recognized by all parties that subject development activity is dependent on the
progress of thc Livingston Road MSTU, thc right-of-way donation shall bc made
within 90 days of Rezone approval by the Board of County Commissioners and
subject to a right-of-way agreement with the County. Ail right-of-way donations
shall receive impact fcc credits to thc extent allowed in the Road Impact Fcc
Ordinance.
I. All required improvement, excluding right-of-way donations, arc considered "site
related" as defined in Ordinance 85-55 and shall not be applied as credits toward
17
any impact fees required by that Ordinance. They shall bc in place before nny
" Certificates of Occupancy are issued.
$. Ail traffic control devices used, cxcludi,g street names signs, shall conform with
i' the Manual on Uniform Traffic Control Dcvicc~ as required by Chapter 316.0747,
. ""Florida Statutes.
K." Road impact fees shall be in accordance with the schedule coninincd In Ordinance
85-55, or as it may be amended, and shall be paid at the time building permits are
issued unless otherwise approved by the Board of County Commissioners.
'L. In the.~vent that Livingston Road has not been completed and open to traffic
prior to the beginning of construction for the said development, the development
.'-:~i' may.be allowed to procee.d under the following conditions:
". 1. Construction of the site work (including golf course, lakes, roads and
.. drainage) will be permitted to proceed if the developer, or his assigns, can
ensure legal access for construction to the site. If the Livingston Road
Corridor is to be used for construction access to the de~lopment, that
/~: portion of the north/south Livingston Road Corridor emending from the Lee
County Line southwardly to the north right-of.way line of the east/west
'~.: Livingston Road Corridor shall be used, only pursuant to a separate
i~.~ agreement with the County which shall, as a minimum, address the following:
.' a. The r..x'tent to which Collier County and/or the developer has obtained
: all necessary and required permits, including but not limited to, U.S.
· Army Corps of Engineers (USACOE) Dredge and Fill Permit, Florida
Department of Environmental Regulation (FDER} Permit, South
Florida Water Management District (SFWMD) Permit, U.S.
~ Environmental Protection Agency Permit and all Collier County Permits.
b.. A written agreement bet~veen Collier County and the developer that the
developer ~will abid~ by all permit conditions and accept all responsibility
for the work within that Corridor.
i' c. That the design and construction of the access road within the
.,.;~ · north/south Livingston Road Corridor shall be a paved roadway meeting
the requirements to be incorporated into the Collier County Livingston
Road Project. Otherwise, the developer may petition for the
.:~, construction of a temporary access/haul road in accord with the Collier
:~;' County Right-of-Way Ordinance.
d. The developer shall provide sufficient proof of legal access and the right
:.-', to usc that portion of the north/south Livingston Road Corridor to be
,:, used and as dcscribcd herein.
c. Should thc construction access actMty of the developer be concurrent
with Collier County's construction of Livingston Road, the access to the
development may be terminated if a conflict exists between the two
act[vltics. Thc dcvclopcr shall indcmnify and hold Collier County
harmlcss from dclay'claims put forth by County Contractors.
Thc developer shall obtain written perm[ss{on frnm Collicr County
Transportation ScP,'tccs Division bnforc undcrtaldng any nct[vtt7 within
.... any portion o{ thc Livingston Road Corridor (either the cast/west or thc
nort~south corridor).
2. Temporary public access via the paved roadway outlined in Item l(c) shall be
' acceptable for access until thc complction of Livh~gston Road by Coilicr
County and any and all work necessary to adapt the temporary public access
roadway to the Collier County Livingston Road project shall be accomplished
at the. d.eveloper's cost.
3. Nothing herein shall preclude the developer and Collier County from
entering into an agreement whereby the developer would construct any
segment of el[her Livingston Road Corridor in accordance with Collier
County design plans and applicable permits in order to establish access to the
Livingston Road Country Club project. Any such agreement would set forth
the terms and conditions of said construction and access.
Building permits and CertilScates of Occupancy may be issued for the golf course,
clubhouse and maintenance buildings if the project developer can provide
temporary public access via a paved road to the site and all requisite infrastructure
improvements including those pertaining to adequate fire protection along with
appropriate permits from all agencies with jurisdiction including compliance with
the Subdivision Regulations. Such temporary access shall be closed when the main
project entrance and Livingston Road are completed.
19
SECTION X
UTILITY REQUIREMENTS
The purpose of this Sectton is to set forth the utilities requirements which must be
accommodated by the project developer.
A. Water distn'bution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project arc to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 88-76, as amended, and other applicable County rulcs and regulations.
B. All customcr~ connecting to thc water distribution and sewage collection facilities
to be constructed will be customers of thc County and will be billed by the County
in accordance with County's established rates. Should the County not be in a
position to provide water and/or sewer, customers shall be customers of the
interim utility established to serve thc project until the County's off-site water
and/or sewer facilities arc available to serve the project.
C. It is anticipated that the County Utilities Division will ultimately supply potable
water to meet the consumptive demand and/or receive and treat the sewage
generated by this project. Should the County system not be in a position to supply
potable water to thc project and/or receive the project's wastcwater at the time
development commence~ the developer, at his expense will install and operate
interim water supply and on-site treatment facilities and/or interim on-site sewage
treatment and disposal facilities adequate to meet all requirements of the
appropriate regulatoq~ agencies. An agreement shall be entered into between the
County and the developer, binding the developer, his assigns or successors
regarding any interim treatment facilities to be utilized. The agreement must be
legally sufficient to the County, prior to the approval of construction documents
for the project and I~e in conformance with the requirements of Collier County
Ordinance No. 88-76, as amended.
D. If an interim on-site water supply, treatment and transmission facility is utilized to
serv~ the project, it must be properly sized to supply average peak day domestic
demand, in addition to fire flow demand at a rate approved by the appropriate
Fire Control District servicing the project area.
E. Off-site Utilities Improvements:
Water
Thc existing off-site water facilities of thc District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent
20
05t
with the County's Water Master Plan to insure that the District's water system can
hydraulically provide a sufficient quantity of water to meet the anticipated
demands et' the prelect and the District's existing committed capacity.
Sewer
..... The existing off-site sewage trnnsmi~sion I'actlittes of thc district must be ~zaluated
for hydraulic capacity to serve this proj~.ct and improved ~ts required ~mtside thc
projects boundary to provide adequate capacity to transport the additional
· .:. wastcwatcr generated without adverse impact to the existing transmission facilities.
F. Internal water mains shall be looped to the extent required by Collier County
Utilities Division.
G. Prior to ?SP approval, provide a master sewage, lift station site for tie-in to
proposed force main on Livingston Road. Said lift station will provide service to
. d~telopment, and be sized in accordance with the County's North County Sewer
, M~ter Plan.
~: H. Project developer agrees to assist the County in locating a suitable site ih thc
vicinity of the intersection of north/south and cast/west Livingston Road. If a
suitable site is not found prior to PSP approval for thc project, project developer
: will either: a) acquire a two (2) acre site to bc aD'ccd upon by thc Ut/Hties
,~: Division, Project Review Services and thc petitioner; b) provide n two (2) acre out
parc, al on the ten (10) acre tract located adjacent to and south of cast/west
~i~. - Livingston Road (i.e., thc northwest quarter of thc northwest quarter of Section
13, Township 48 South, Range 25 East, Collier County, Florida). '.
052 3'55
SECI'ION XI
WATER MANAGEMENT AND ENGINEERING REQUIREMENTS
The purpo-.e~ of this Section is to set forth the stipulations established by tho Water
Management Advisory Board, which stipulations shall be accommodated by thc project
developer.
~i;~. --' A. Dctmled site drainage plans shall be submitted to Project Review Services for
review. No construction permits shall be issued unless and until approval of the
proposed construction in accordance with the submitted plans is granted by Project
Review Services,
!: B, A' copy of the SFWMD Permit or Early Work Permit is required prior to
construction plan approval.
C. A master association will be respons~le for the operation and maintenance of on-
site drainage facilities.
D. "I'he County will provide an outfall in the Livingston Road right-of-way to accept
project drainage requirements.
E. Design and construction of all improvements shall be subject to compliance with
file appropriate provisions of thc Collier County Subdivision Regulations.
F. An Excavation Permit will be required for thc proposed lake(s) in accordance with
thc Collier Co.unty Ord/nnncc No. 91-102, Division 3.5 and SFWMD rules. Thc
~: maximum depth shall be in full compliance with Ordinance 91-I02, Division 3.5.
G. Work within Collier County right-of, way shall meet the requirements of Collier
County right-of-way Ordinance 82-91
:'"". H. Access into each tract as shown on the master plan is informational only.
~., Location and number is subject to PSP or SDP approval.
I. This project is recommended for approval for rezoning purposed only. PSP shall
bc submitted and approved at a later date.
~' J'. Thc project shall be platted in accordance with Collier County Subdivision
!~'~. Regulations to define the right-of.way, tracts, and easements as shown on thc
master plan.
K. The PUD Master plan doe~ not constitute the PSP until the PSP is approved by
the County Board of Commissioners including nil exemptions that may be
22
052. 356
requested.
L Lakes near wetlands shall be relocated n minimum two hundred (200} t'~et from
~:, thc wetland in accordance w/th SFWMD rules unless soil or other data shows that
the wetland hydropcriod would not be ndvcrscly a[Tcctcd.
i~' ~.' A minimum one hundred (I00) foot lake setback from any right-of-way linc shall
· bc mnin{alned unless utilizing the lake setback curvc~ justifying n reduction in the
.,~ setback requirements with appropriate barriers can be provided.
N. A copy of USACOE and FDER permit for any alteration done under their
jurisdiction ta required prior to construction plan approval.
,7: O. If proppsed Livingston Road right-of-way is not completed prior to the
: , commencement of on-site development by this project, petitioner shall clear
:~.,; sufficient right-of-way and construct an outfall to accommodate the discharge,
'~.'/~i' subject to Collier County Transportation Deparlment approval. This outfall shall
~:.. mimic the historical drainage pattern for the area.
P. Prior to PSP approval, provide a copy of an agreement between the petitioner and
· County Transportation Services regarding coordination of the project outfall
location, crossing and incorporation of the project discharge into the design of
~.~' Livingston Road.
Q. Thc developer and all subsequent lando~vners arc hereby placed on notice that
the)' am r~qu{rcd to satisfy the requirements of all County ordinances or codes in
effect prior to or concurrent with any subsequent development order relating to
this site. This includes, but is not limited to, Preliminary Subdivision Plat, Site
' ' Development Plans and any other application that will result in the issuance of a
~ f'mal or final local development order.
R. Ail conditions approved by the Water Management Advisory Board at the meeting
of April 11, 1991 shall be adhered to.
SECTION XII
ENVIRONMENTAL STANDARDS
12.1 PURPOSE
A. The purpose of this Section is to act forth the stipulations establlshcd by thc
Environmental Advisory Council. The development of this project shall be subject
to these stipulations:
1. Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance
No. 89-58 (preservation of native habitat and tree removal permit).
Preserve areas shall retain the existing natural canopy, understory, and
groundcover vegetation, and shall be maintained free to exotic species in
perpetuity.
3. Passive recreation is proh~ited in the wetland preserve areas unless
otherwise determined during SDP review.
4. Pursuant to Collier County Growth Management Plan Goal 7, Objective 7.3,
Policies 7.3.4 and 7.3.5, Conservation Element, thc petitioner shall retain big
cypress fox squirrels, and any found gopher tortoises on site, or shall relocate
them according to Florida Game and Fresh Water Fish Commission
(FGFWFC) protocol after contacting and receiving approval from the
FGF C
$. All plant species of special concern not within the preserve areas and within
the construction footprint shall be transplanted on site to preserve areas of
suitable habitat.
6. Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance
No. 89-53 (removal of exotic species).
7. Petitioner shall be subject to Ordinance No. 89-57 (use of native species in
landscaping).
8. Petitioner shall cease all development and construction activities in the
vicinity of any found archaeological or historical site and contact Collier
County Planning Services, Environmental Review Staff.
9. The 16.1 acre ST area within the subject property shall be retained within a
preserve area as depicted on the PUD Master Plan.
I0. There shall be no land clearing associated with retaining approximately thirty
head of cattle or any other agricultural use on the site.
2,1
. Il. Any new clearing of land for agriculture shall not bc converted to non-
~ agricultural development for at least ten y.cnrs.
B. Pursuant to Ordinance No. 89.58 and Collier County Growth Mnnagcment Plan,
Conservation and Coastal Management Element, Goal 6, Objective 6.2, Policies
6.2.2, 6.2`7, 6.2.9, 6.2.13, 6.2.14, and Objective 6.4, Policies 6.4.6 and 6.4.7, there
shall bc no unacceptable net loss of viable naturally functioning fresh water
~ wetlands. Seventy. five (75) acres, the equivalent of twenty.five (25) percent of the
' ..- · cx'isting naturRI habitat on site (i.e. dlsturbcd and agriculturnl land uses not
included), shall be retained. Thirty-two (32) acres at' thc total seventy-five (75)
acres shatl be designated as preserve areas. Distribution and amount of additional
jsrc$~rvc area shall be determined and designated prior to PSP approval. Should
~ thc petitioner, prior to thc time of PSP approval, demonstrate that there arc less
than three hundred (300) acres of viable naturally functioning habitat on sltc, thc
:; acreage of habitat retained shall be adjusted to comply with applicable County
~,, ordinances and Growth Management Plan goals, objectives, and policies.
LIViXiC~ON-ROAD
COUNTRY CLUB
.~ ... .... '<.-... '. :-... ' ~.~.~ ..r~ .:¥:- . ..... . ~' .":.L2.~- .'[ ......
STATE OF FLORIDA )
COUNTY OF COLLIER }
Ie JAMES C. GILES, Clerk of Courts ~n and for the
Twentieth Judicial Circuit, Collier County° Florida° do
hereby certify that the foregoing ~a a true copy of:
Ordinance No. 92-31
Wh~.ch was adopt:ed by the Board of County Comm~tss~.onera on
the 12th day of M~y, 199~, du~ng Regular Session.
WITNESS my hand and ~he official seal of the Board
Co~ty Co~lasloners of Collier County, Florida, th~s 19th
da~ of May, 1992.
J~ES C. GILES _.
Clerk of Courts and
Ex-off,cio ~o Board of ~' ..'~..::~:'~,
Dapu~7 Clerk