Ordinance 2007-27
ORDINANCE NO. 07- 27
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLlliR COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLlliR COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
AGRICULTURE (A) ZONING DISTRICT TO THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT KNOWN AS HAMIL TON
GREENS RPUD LOCATED IN SECTION 31, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF :t29.68 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Patrick D. Cunningham of Houston Cuozzo Group, Inc. and George L.
Varnadoe ofCheffy, Passidomo, Wilson, & Johnson, LLP., representing Livingston Greens,
LLC, 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 31,
Township 48 South, Range 26 East, Collier County, Florida, is changed from Agricultural (A) to
"RPUD" Residential Planned Unit Development in accordance with the Hamilton Greens RPUD
Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate
zoning atlas map or maps; as described in Ordinance Number 04-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commi~~~~~,~~~..ofCollier County, Florida, this / '5 day of+ ~~..-A.'''-~'O 2007.
ATTE~i;":"; .;.,..... BOARD OF COUNTY COMMISSIONERS
nwf~m'E:ln~~~)(;K, CLERK COLLIER COUNTY, FLORIDA
~t{JJ~~O-lju BY ~m
~- . ""~~,,':'Deputy Clerk JAM COLETTA, CHAIRMAN
l /" '.'/~~/{.': "'~;\' -:\
Approved as to form and
legal sufficiency
-pu LL,--~~
1
This ordinance filed with the
6'l!~ary of ~e/s Office the
<:icy of b, 02?:0--:+-
and acknowledgement of that
filln~d thl, ~ doy
of ~~L(~b~
Deputy Clerk
PUDZ-2004-AR-68\ 0
HAMILTON GREENS
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE HAMILTON GREENS. A
PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND
DEVELOPMENT CODE
PREPARED FOR:
LIVINGSTON GREENS, LLC
PREPARED BY:
HOUSTON CUOZZO GROUP, INC.
2400 SE FEDERAL HIGHWAY
SUITE 310
STUART, FLORIDA 34994
MR. GEORGE L. VARNADOE, ESQ.
CHEFFY PASSIDOMO WILSON & JOHNSON LLP
821 FIFTH AVENUE SOUTH, SUITE 201
NAPLES, FLORIDA 34102
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
January 18, 2007
EXHIBIT A
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
SECTION ONE PROPERTY OWNERSHIP & DESCRIPTION
SECTION TWO PROJECT DEVELOPMENT REQUIREMENTS
SECTION THREE RESIDENTIAL DEVELOPMENT AREA
SECTION FOUR CONSERVATION/PRESERVE AREA
SECTION FIVE DEVELOPMENT COMMITMENTS
SECTION SIX RPUD REGULATION DEVIATIONS
SECTION SEVEN APPENDIX
page
ii
Hi
1-1 through 1-3
2-1 through 2-4
3-1 through 3-4
4-1 through 4-1
5-1 through 5-3
6-1 through 6-1
7 -1 through 7-5
page i
EXHIBITS
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
LIST OF EXHIBITS AND TABLES
BOUNDARY SURVEY
AFFIDAVIT OF UNIFIED OWNERSHIP
LOCATION MAP
RPUD MASTER PLAN
7 - 1
7-2
7-4
7-5
page ii
STATEMENT OF COMPLIANCE
The development of approximately 29.68 acres of property in Collier County, as a Residential Planned
Unit Development to be known as HAMILTON GREENS RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) will be in compliance with the goals, objectives and policies of Collier County as
set forth in the Growth Management Plan (GMP). HAMILTON GREENS RPUD is a residential project,
with associated recreational uses that will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for
the following reasons:
1. 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 Future Land Use Element
(FLUE).
2. The subject property's location in relation to existing or proposed community facilities and services
permits the development's residential density as required in Objective 2 of the FLUE.
3. The project development will result in an efficient and economical extension of community facilities
and services as required in Policy 3.1.G of the FLUE.
4. The projected density of 2.96 D.U.'s per acre is in compliance with the FLUE of GMP.
5. A complete range of services and utilities as approved by the County will serve the project.
6. The Residential Planned Unit Development includes open spaces and natural features, which are
preserved from future development in order to enhance their natural functions and to serve as project
amenities, which furthers the objectives of Policy 3.1.b of the FLUE.
page iii
SECTION ONE
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project name
of HAMILTON GREENS RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 29.68 acres, is described as:
LeQal Description Of Survey As Furnished To Surveyor
The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31, Township
48 South, Range 26 East, less the South 30' and the East 30' and the West 30' and less the
North 30' thereof, Collier County, Florida, containing 8.37 acres more or less, and
The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest quarter
of Section 31, Township 48 South, Range 26 East, less the North 30', Collier County, Florida,
containing 2.30 acres, more or less, and
The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the Northwest
quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier
County, Florida, containing 1,29 acres, more or less, and
The North 30' of the West 0/4 of the North Y2 of the South Y2 of the Northwest quarter of the
Northwest quarter of Section 31, Township 38 South, Range 26 East, Collier County, Florida,
containing 0.66 acres, more or less, and
The West Y2 of the North Y2 of the South Y2 of the Northwest Quarter of the Northwest quarter of
Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the North 30', less
the West 30', reserved for public right-of-way, containing 4.40 acres, more or less, and
The East one-half (1/2) of the East one-half (1/2) of the North one-half (1/2) of the South one-half
(1/2) of the Northwest one quarter (1/4) of the Northwest one quarter (1/4) of Section 31,
Township 48 South, Range 26 East, Collier County, Florida, containing 2.54 acres, more or less,
and
The South Y2 of the South Y2 of the Northwest quarter of the Northwest quarter of Section 31,
Township 48 South, Range 26 East, Collier County, Florida, containing 10.12 acres, more or less.
LeQal Description Of Survey As Re-Written For Brevity
The Northwest ~ of the Northwest ~ of the Northwest ~ of Section 31, Township 48 South,
Range 26 East, Less The West 30 feet thereof, and
The Northwest ~ of the Southeast ~ of the Northwest ~ of the Northwest ~ of Section 31,
Township 48 South, Range 26 East, and
The North Y2 of the Southwest ~ of the Northwest ~ of the Northwest ~ of Section 31 Township
48 South, Range 26 East, Less The West 30' thereof, and
page 1- 1
The Northeast 'l4 of the Southeast 'l4 of the Northwest 'l4 of the Northwest 'l4 of Section 31,
Township 48 South, Range 26 East
The South Y:z of the South Y:z of the Northwest quarter of the Northwest Quarter of Section 31,
Township 48 South, Range 26 East, all being in and a part of Collier County, Florida and
containing 29.68 acres more or less.
See Exhibit '~": Boundary Survey- (See Section 7: Appendix, page 7-1)
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Livingston Greens, LLC
222 South U.S. Highway One, Suite 209
Tequesta, Florida 33469
See Exhibit "B": Affidavit of Unified Ownership - (See Section 7: Appendix, page 7-2)
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject parcel is located in northern Collier County on the east side of Livingston Road,
approximately one mile south of Immokalee Road. (4800 feet north of the Livingston
RoadNanderbilt Beach Road intersection,) Vehicular access from Livingston Road to the
west acts as the entrance into the community, while the parcel is bordered to the north and
south by undeveloped lands consisting primarily of wetland preserves; and bordered to the
east by Wilshire Lakes (a PUD community in Collier County). The project site is located in
the West 1/2 of Section 31, Township 48 South, Range 26 East. See Exhibit "e": Location
Map - (See Section 7: Appendix, page 7-3)
B. The zoning classification of the subject property prior to the date of this approved RPUD
Document was A: Agriculture.
1.5 PHYSICAL DESCRIPTION
The project will be divided into two separate water management basins. Between the basins is
an existing flow-way that coveys stormwater from the lands north of the HAMILTON GREENS
RPUD including the North Naples Regional Park. The proposed improvement to the HAMILTON
GREENS RPUD will not encroach into the flow-way. The two basins will discharge into the
existing flow-way that travels northeast to southwest through Wilshire Pines (a community within
Wilshire Lakes) and the HAMILTON GREENS RPUD. The discharge into the flow-way will have
little effect on the drainage patterns and water levels in the surrounding areas. This flow-way
handles stormwater from the areas north of Wilshire Pines and stormwater discharged from the
North Naples Regional Park. The project also maintains existing flow conditions in the northwest
by preserving the hydric pine flatwoods located in the northwest corner of the site. This preserve
is located outside the water management area allowing the natural flow of stormwater traveling
from north of Livingston Lakes through the on-site preserves of North Naples Regional Park from
being disrupted. Stormwater from these areas will cross Livingston Road and enter the surface
water management system for Tiburon development. The eventual outfall is the Cocohatchee
Canal
The site is bordered by a conservation easement to the north, a second conservation easement
area and single-family homes to the east, a third conservation area to the south, and Livingston
page 1- 2
Road to the west. The vegetative communities on-site consist of upland pine f1atwoods, wetland
pine f1atwoods, cypress wetlands, and existing cleared areas. Varying degrees of exotic
infestation are present within the native habitats on the property. The proposed project has been
designed to preserve the majority of the wetlands on-site forming a connection between the
existing off-site conservation areas to the northeast and south.
1.6 PROJECT DESCRIPTION
A. Purpose and Intent
The design guidelines for the HAMILTON GREENS RPUD have been established to ensure
an overall quality of design throughout the planned community, with the flexibility to achieve
an appropriate and harmonious variety in physical development.
These design guidelines set forth the minimum standards to be utilized for the planning and
design of the individual development parcels and are intended to supplement the existing
development regulations of Collier County, Florida and other regulatory authorities.
B. Implementation
All land included in the residential tracts of the HAMILTON GREENS RPUD shall be subject
to a Declaration of Restrictions and Covenants, which shall provide, among other things,
formation of a single master property owners' association and automatic membership in the
master association by any party holding title to any portion of the property.
Build-out of the HAMILTON GREENS RPUD Master Plan is expected to require
approximately five (5) years to complete. The developer reserves the right under this
development order to modify any of the design criteria established, and to add housing types,
subject to approval of a Master Plan modification, pursuant to applicable provisions of the
Land Development Code (LDC).
The HAMILTON GREENS RPUD community is envisioned as a compact, compatible
residential community, comprised of 29.68 acres. Approximately 1.0 acre of the community
will be devoted to active recreation uses, as well as various passive recreation uses, such as
paths and elevated boardwalks, to serve the residents of the community.
The following major elements of the project site are located within the proposed Master Plan:
· Significant contiguous areas of wetlands and upland vegetation.
· The creation and utilization of surface water lakes for stormwater retention.
· The main entrance to the community is from Livingston Road, a publicly dedicated
right-of-way.
Additionally, the site contains approximately 13.65 acres of wetland preserves, 1.79 acres of
upland preserves, and 1.97 acres of lakes.
C. Density
The number of proposed homes is eighty-eight (88) residential units for a total gross density
of 2.96 units per acre (du/ac).
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "HAMILTON GREENS RESIDENTIAL PLANNED
UNIT DEVELOPMENT ORDINANCE."
page 1- 3
SECTION TWO
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the HAMILTON GREENS RPUD shall be in accordance with
the contents of this RPUD Ordinance and applicable sections and parts of the LDC (to the
extent they are not inconsistent with this RPUD Ordinance) and GMP in effect at the time of
issuance of any development orders to which said regulations relate which authorize the
construction of improvements, such as but not limited to, final subdivision plat, final site
development plan (SDP), excavation permit and preliminary work authorization. Where this
RPUD Ordinance does not provide developmental standards, then the provisions of the
specific section of the LDC that is otherwise applicable shall apply.
B. Unless otherwise defined herein or as necessarily implied by context, 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.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the various tracts, is
illustrated graphically by Exhibit "D", RPUD Master Development Plan (Section 7: Appendix).
There shall be seven (7) residential land use tracts, plus necessary water management lakes,
street rights-of-way, and natural features, the general configuration of which is also illustrated
by Exhibit "D". The Master Plan is conceptual, and the location, size and configuration of the
recreational area, water management features, and development tracts shall be determined
at the time of final SDP and/or preliminary subdivision plat approval, in accordance with the
appropriate sections of the LDC.
TABLE 1
PROJECT LAND USE/SITE DATA
R-1, R-2, SU
TYPE
Multi Family
UNITS
ACREAGE
Tract
88
9.08 ACRES
DEVELOPMENT PARCELS (less lakes)
WETLAND PRESERVES
UPLAND PRESERVES
LAKES
ROADS/ROW
9.08 Acres
13.65 Acres
1 .79 Acres
1.97 Acres
3.19 Acres
29.68 TOTAL ACRES
B. Areas illustrated as lakes by Exhibit "D" shall be constructed as lakes or, upon approval, parts
thereof may be constructed as shallow, intermittent wet and dry depressions for water
page 2 - 1
retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the
same general configuration and contain the same general acreage as shown by Exhibit "D".
Minor modification to all tracts, lakes or other boundaries may be permitted at the time of
preliminary subdivision plat or SDP approval, subject to the provisions of the LDC or as
otherwise permitted by this RPUD Document.
C. In addition to the various areas and specific items shown in Exhibit "D", such easements as
necessary (utility, private, semi-public, etc.) shall be established within or along the various
tracts, excluding preserve areas, as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of eighty-eight (88) residential multi-family units shall be constructed in the total
project area. The gross project area acreage devoted to residential purposes is 29.68 acres.
The gross project density, therefore, will be a maximum of 2.96 units per acre.
This RPUD Document and Master Plan provide for various housing structure types to be built on
residentially designated tracts, therefore all housing structures are required to characterize the
initial development of platted tract to be carried throughout the development of that entire tract.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The provisions of the LDC, when applicable, shall apply to the development of all platted
tracts, or parcels of land as provided in said provision, prior to the issuance of a building
permit or other development order.
B. The development of any tract or parcel approved for residential development contemplating
fee simple ownership of land for each dwelling unit shall be required to submit and receive
approval of a preliminary subdivision plat in conformance with applicable provisions of the
LDC, prior to the submittal of construction plans and a final plat for any portion of the tract or
parcel.
C. Utility, road, public, private, easements shall be established as required during the SDP
and/or plat approval process.
D. Appropriate instruments shall be provided at the time of infrastructural improvements
regarding any dedications and method for providing perpetual maintenance of common
facilities.
2.6 MODEL HOMES AND SALES FACiliTIES
Model homes/model home centers including sales center (maximum number) shall be permitted
in conjunction with the promotion of the development subject to the following:
A. One "dry" structure (3 model units) may be constructed following plat approval, prior to
recording of a plat.
B. The models permitted as "dry models" shall obtain a conditional certificate of occupancy for
model purposes only.
C. Model homes, sales centers and other uses and structures related to the promotion and sale
of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas,
page 2 - 2
tents, and signs, shall be permitted principal uses throughout the HAMILTON GREENS
RPUD subject to applicable requirements of the LDC.
2.7 ASSOCIATION OF PROPERTY OWNERS' FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose ownership
and maintenance responsibility is a common interest to all of the subsequent purchasers of
property within said development in which the common interest is located, that developer entity
shall provide appropriate legal instruments for the establishment of a property owners'
association whose function shall include provisions for the perpetual care and maintenance of all
common facilities and open space subject further to the provisions of the LDC.
Common area maintenance will be provided by a master property owners' association to be
created by the developer. The property owners' association shall be responsible for the operation,
maintenance, and management of the surface water and stormwater management systems, and
preserves serving the HAMILTON GREENS RPUD, in accordance with the provisions of this
RPUD, together with any applicable permits from the Florida Department of Environmental
Protection, U.S. Army Corps of Engineers, and South Florida Water Management District.
2.8 LANDSCAPE BUFFERS, BERM, FENCES AND WALLS
A. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the
HAMILTON GREENS RPUD boundary after subdivision plat or SDP approval. All such areas
shall be included in a landscape buffer easement on final plats, or in a separate recorded
instrument.
B. There is a commitment for an eight (8) foot wall, landscaped on both sides, along the east
property line, adjacent to Wilshire Lakes, to be installed prior to vertical construction adjacent
to Lake 2 identified on the RPUD Master Plan.
2.9 DESIGN GUIDELINES AND STANDARDS
The HAMILTON GREENS RPUD is planned as a private, functionally interrelated community
under unified control, to be developed over an extended time period. The developer will establish
community-wide design guidelines and standards to ensure a high and consistent level of quality
for community features and facilities which include items such as landscaping, hardscape,
waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway
medians, fences, walls, buffers, berets and other similar facilities.
The developer will achieve the above objectives by means of recorded covenants, conditions,
and restrictions.
2.10 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the HAMILTON GREENS
RPUD except in the Preserve. General permitted uses tie those uses, which generally serve the
developer and residents of the HAMILTON GREENS RPUD and are typically part of the common
infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under the LDC effective at the time of RPUD approval.
page 2 - 3
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Neighborhood parks, recreational facilities and community centers.
6. Landscape features such as landscape buffers, berms, fences and walls subject to the
standards set forth in Section 2.9 of this RPUD or pertinent sections of the LOC.
7. Temporary fill storage.
8. Benches, gazebos, and open space uses.
9. Recreational facilities that serve as an integral part of the residential development and
have been designated, reviewed and approved on a SDP or preliminary subdivision plat
for that development. Recreational facilities may include, but are not limited to
clubhouse, community center building and tennis facilities, parks, playgrounds and
playfields.
B. Development Standards:
Unless otherwise set forth in this Document, the following development standards shall apply
to structures:
1 . Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for
guardhouses, gatehouses, care-takers units, and access control structures, which shall
have no required setback.
2. Setback from property lines - Twenty-five feet (25').
3. Minimum distance between principal structures, which are part of an architecturally
unified grouping - One half the building height.
2.11 OPEN SPACES REQUIREMENTS
The RPUD Master Plan identifies approximately 17.4 acres included in the Landscape/Open
Space, Lakes and Preserve designations, as well as approximately 2.6 acres of open space
cumulatively within the residential tracts. These areas satisfy the open space requirements of the
LDC.
2.12 SIDEWALKS/BIKEPATHS
A. Pursuant to the LDC, sidewalks/bike paths shall be permitted as follows:
1. An internal pedestrian walkway system shall be permitted within drainage easements.
2. Sidewalks may be located outside platted rights-of-way, when located within a separate
sidewalk easement or on a SDP.
page 2 - 4
3. Sidewalks may be located within landscape buffers and/or easements; however, the
landscape buffer shall be increased in width by an amount equal to the encroachment at
the point of encroachment.
page 2 - 5
SECTION THREE
RESIDENTIAL DEVELOPMENT AREA
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas designated on
Exhibit "D", the RPUD Master Plan, as "R" Residential. (See Section 7: Appendix)
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted in the entire RPUD is eighty-eight (88) multi-
family units. The property contains a gross acreage of 29.68 acres and based on a density of less
than four (4) dwelling units per gross acre, the RPUD provides for a density of 2.96 units per acre.
Distribution of the dwelling units in the residential areas is not predetermined, and may occur as
authorized by the SDP approval process.
3.3 GENERAL DESCRIPTION
R-1, R-2, and SU designations on the Master Plan are designed to accommodate multi-family
residential dwelling units, compatible nonresidential uses, a full range of recreational facilities,
essential services, and customary accessory uses.
Final tract configuration and actual acreages of all development tracts shall be provided at the
time of SDP or preliminary subdivision plat approvals in accordance with the LDC. Residential
tracts shall be designed to accommodate internal roadways, open spaces, parks and amenity
areas, lakes and water management facilities, and other similar uses found in residential areas.
3.4 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or part, for other than the following:
A. Principal Uses:
1. Multi-family dwellings.
2. Townhouses.
3. Garden apartments.
4. Care-taker units.
B. Accessory Uses:
1. Customary accessory uses and structures, including private garages.
2. Common recreation amenities. Such uses shall be visually and functionally compatible
with the adjacent residences which have the use of such facilities.
3. Recreational facilities that serve as an integral part of the residential development and
have been designated, reviewed and approved on a SDP or preliminary subdivision plat
for that development. Recreational facilities may include, but are not limited to clubhouse,
community center building and tennis facilities, parks, playgrounds and playfields.
4. Recreational facilities and amenities for use by residents of the residential tracts.
page 3 - 1
3.5 DEVELOPMENT STANDARDS (See Table 2)
A. General: All yards and setbacks shall be in relation to the individual parcel boundaries,
except as otherwise provided for by this Document, or except as authorized by the SDP
approval process. (See Table 2: Development Standards)
1. Table 2 sets forth the development standards for land uses within the "R" Residential
District.
2. Standards for parking, landscaping, signs and other land uses where such standards are
not specified herein shall be in accordance with the LDC in effect at the time of SDP or
plat approval. Unless otherwise indicated, required yards, heights, and floor area
standards apply to principal structures.
3.6 SPECIAL USE (non-residential uses)
A. Gatehouse/Guardhouse/Access Control Structure/Care-taker Unit:
1. Gatehouses/guardhouses may be located on any private roadway within the HAMILTON
GREENS RPUD. Individual communities or subdivisions within the project may provide
gated entrances to restrict access to residents and their guests. Such gatehouses which
may be manned or secured by control devices such as card entry, shall be located and
designed to ensure safe and convenient traffic flow, and to provide unimpeded access by
emergency service vehicles.
2. Details of the design of any gatehouse or guardhouse shall be submitted with an
application for SDP approval for individual residential tracts.
B. Recreation:
1. The HAMILTON GREENS RPUD Master Plan envisions a complete living environment,
providing a variety of recreational facilities and amenities to meet the needs of its
residents,
2. There will be a clubhouse facility centrally located within the community. The clubhouse
will be for the use of the residents of the entire residential community, offering a pool,
spa, fitness center and a community meeting room. The clubhouse will be designed
consistent with the architectural theme and quality of the overall community.
3. As part of the clubhouse/ pool facility, a maximum number of twelve (12) cabanas are to
be utilized by residents of the community. These cabanas are not to exceed three
hundred (300) square feet in size.
4. Development of the clubhouse, as well as all other common recreation facilities, shall be
subject to SDP approval by the County.
3.7 RESIDENTIAL AND SPECIAL USE SETBACKS
General Application For Setbacks: Setbacks are relative to a measurement between the
buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to
be constructed it shall have the following application:
page 3 - 2
A. Front Yard: Front yard setbacks shall be measured as follows:
1. If the parcel is served by a public or private right-of-way, setback is measured from the
adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, setback is measured from the back
of curb or edge of pavement.
3. If the parcel is served by a platted private drive, setback is measured from the road
easement or property line.
4. When principal buildings front upon a public or private right-of-way or non-platted drive a
minimum distance of ten (10) feet shall separate the principal building and any related
parking facility. This shall not prohibit the attachment of enclosed parking structures to
the principal residential structure, however when the parking structure faces the street, a
parking apron of at least twenty-three (23) feet shall separate the enclosed parking space
from the back of the sidewalk when on a public or private right-of-way or non-platted
drive.
B. Interior Yards (Not Adiacent any Riaht-of-Wav or Other Private Drive or Adiacent Ooen
Soace Area)
1. The setback of principal structures from an interior lot/parcel/tract boundary shall not be
less than ten (10) feet.
TABLE 2
DEVELOPMENT STANDARDS
Minimum
Separation Max.
Yard Setbacks between Hel ht
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"tIO) III S~ .c .c ...
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e 3:0 ... "tI U .e. III u...e!
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R1 23 15 10 0.5 BH 0.5 SBH 10 40 50 1500 sf
Principal (2)
a. Structure 23
R2 (2) 15 10 0.5 BH 0.5 SBH 10 70 75 1500 sf
b. Accessory 10 5 10 0.5 BH 10 10 15 15 n/a
Structure (3)
c. Special SU 10 10 10 10 0.5 SBH 10 45 50 1500 sf
Use (4)
Notes:
All distances are in feet unless otherwise noted.
"sf' indicates "square footage"
"BH" indicates "building height"
"SBH" indicates "sum of the building heights"
Setbacks are measured from lot lines, tract boundaries or public or private streets.
1. This setback shall not violate the required 20-foot lake maintenance easement.
2. Front yards shall be measured as per Section 3.7 of this RPUD Document.
page 3 - 3
3. Accessory uses such as any authorized recreational amenity (i.e. pool decks, spas, landscape features, cabanas,
etc.) may be located within zero (0') feet of a structure.
4. All setbacks for the guardhouse/gatehouse/caretaker unit shall be zero (0) feet from any adjacent roadway or
structure.
5. The building height will be measured and defined as per the LOC in effect on the date of RPUO approval.
3.8 PRIVATE ROADWAY STANDARDS
A. Private streets shall conform to the right-of-way width requirements of Construction Standard
Manual except as follows:
1. Cul-de-sac and local streets less than one thousand feet (1,000) in length shall be
required to have two (2) ten foot (10') wide travel lanes.
2. All local streets shall be required to have a minimum forty foot (40') right-of-way and two
ten foot (10') wide travel lanes.
3. Cul-de-sacs may exceed a length of one thousand feet (1,000).
4. Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of
curb) for all internal project streets, and a fifty (50) foot radius for intersections at the
project entrance.
5. Tangents shall not be required between reverse curves on any project streets.
page 3 - 4
SECTION FOUR
CONSERVATION/PRESERVE AREA
4.1 PURPOSE
The purpose is to preserve and protect native vegetation and naturally functioning habitat such as
wetlands in their natural state, as well as identify permitted uses and development standards for
areas within the HAMILTON GREENS RPUD designated on the Master Plan as Preserve.
4.2 GENERAL DESCRIPTION
Areas designated as Preserve on the Master Plan are designed to accommodate a full range of
conservation and limited water management uses and functions. The primary purpose of the
Preserve is to retain viable naturally functioning wetland and upland systems, to allow for
restoration and enhancement of impacted or degraded wetland systems, and to provide an open
space amenity for the enjoyment of the residents.
4.3 USES PERMITTED
No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or
in part, for other than the following, subject to regional state and federal permits when required.
Any clearing for these uses will not impact the minimum required vegetation:
A. Principal Uses:
1. Open spaces/nature preserves.
2. Passive recreational areas, boardwalks, and recreational shelters.
3. Biking, hiking, and pervious nature trails.
4. Water management structures.
4.4 GENERAL NOTES
A. Buffers shall be provided around all wetlands, extending at least fifteen (15') feet landward
from the edge of wetland preserves in all places, and averaging twenty-five (25') feet from the
landward edge of wetlands. Where natural upland buffers are not possible, structural buffers
shall be provided in accordance with the State of Florida Environmental Resource Permit and
the LDC.
page 4 - 1
SECTION FIVE
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development of
the project.
5.2. GENERAL
All facilities shall be constructed in strict accordance with final SDPs, final subdivision plats and
all applicable State and local laws, codes, and regulations applicable to this RPUD. Except
where specifically noted or stated otherwise, the standards and specifications of the LDC shall
apply to this project even if the land within the RPUD is not to be platted. The developer, its
successor and assigns, shall be responsible for the commitments outlined in this Document.
The developer, its successor or assignee, shall follow the Master Plan and the regulations of the
RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning
of the property. In addition, any successor or assignee in title is bound by commitments within
this Document.
5.3. RPUD MASTER PLAN
A. Exhibit "D", RPUD Master Plan (See Section 7: Appendix) illustrates the proposed
development and is conceptual in nature. Proposed tract, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be varied at any
subsequent approval phase such as final platting or SDP application. Subject to the
provisions of the LDC, amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
5.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
A. Initiation of construction on the HAMILTON GREENS RPUD project is expected to occur in
calendar year 2007 - 2008. Construction is expected to be concluded by no later than
calendar year 2012. This RPUD shall be subject to the sunset provisions of the LDC.
B. Monitorina Report: An annual monitoring report shall be submitted pursuant to the LDC.
5.5. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS
A. The developer reserves the right to request substitutions to subdivision improvement and
utility design standards in accordance with the LDC.
B. Sidewalks shall be permitted on one (1) side of the roadway when adjacent to preserve areas
with limited access areas or single loaded residential roadways.
C. All local streets shall be required to have a minimum forty foot (40') right-of-way and two ten
foot (10') wide travel lanes.
page 5 - 1
D. Cul-de-sacs may exceed a length of one thousand feet (1,000).
E. Fence or wall maximum height: Eight feet (8'), as measured from the finished grade of the
ground at the base of the fence or wall.
5.6. AFFORDABLE HOUSING
The developer wishes to cooperate with Collier County to address affordable housing impacts
associated with the project. The developer, or its successor in interest, will make a financial
contribution to Collier County in the amount of $1,000 per dwelling unit constructed in the project.
This contribution shall be paid prior to the issuance of a CO for the unit receiving the CO. The
payment of this contribution shall be credited to the development's obligations to pay affordable
or workforce housing fees that may be adopted in the future by Collier County.
5.7 LANDSCAPING
The developer shall provide landscaping on both sides of an eight (8) foot wall, along the east
property line, adjacent to the Wilshire Lakes development, to be installed prior to vertical
construction adjacent to Lake 2 identified on the RPUD Master Plan. This landscaping will be
similar in nature to the landscaping (as installed) associated with the Estuary portion of the Grey
Oaks development along Golden Gate Parkway.
5.8 DECORATIVE PAVING
The developer shall provide decorative paving on both ends of the roadway extending to the
easternmost portion of the site. This decorative paving material shall act as a traffic calming
device.
5.9 TRANSPORTATION
The development of this RPUD Master Plan shall be subject to and governed by the following
conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum
Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual
On Uniform Traffic Control Devices (MUTCD), current edition, All other improvements shall
be consistent with and as required by the LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in
place prior to the issuance of the first Certificate of Occupancy (CO).
C. Access points, including both driveways and proposed streets. shown on the RPUD Master
Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest
any right of access at any specific point along any property frontage. All such access issues
shall be approved or denied during the review of required subsequent site plan or final plat
submissions. All such access shall be consistent with the Collier County Access Management
Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier
County Long-Range Transportation Plan.
D. Site-related improvements (as apposed to system-related improvements) necessary for safe
ingress and egress to this project, as determined by Collier County, shall not be eligible for
page 5 - 2
impact fee credits. All required improvements shall be in place and available to the public
prior to the issuance of the first CO.
E. Road impact fees shall be paid in accordance with the transportation section of the County's
consolidated impact fee ordinance and the LDC, as it may be amended.
F. All work within Collier County rights-of-way or public easements shall require a rght-of-way
permit.
G. All proposed median opening locations shall be in accordance with the Collier County Access
Management Policy (Res. No. 01-247), as it may be amended, and the LDC, as it may be
amended. Collier County reserves the right to modify or close any median opening existing at
the time of approval of this RPUD which is found to be adverse to the health, safety and
welfare of the public. Any such modifications shall be based on, but are not limited to, safety,
operational circulation, and roadway capacity.
H. Nothing in any development order shall vest a right of access in excess of a right in/right out
condition at any access point. Neither shall the existence of a point of ingress, a point of
egress or a median opening, nor the lack thereof, be the basis for any future cause of action
for damages against the County by the developer, its successor in title, or assignee,
I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent
developments shall be operated and maintained by an entity created by the developer and
Collier Country shall have no responsibility for maintenance of any such facilities.
J. If any required turn lane improvement requires the use of an existing County right-of-way or
easement, compensating right-of-way shall be provided without cost to Collier County as a
consequence of such improvement.
K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or
pavement marking improvement within a publiC right-of-way or easement is determined to be
necessary, the cost of such improvement shall be borne by the developer and shall be paid to
Collier County before the issuance of the first CO.
. .
5.10 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of the
principal structure except that temporary sales buildings, trailers, marketing facilities, contractors'
storage and office facilities and the like, may be erected and utilized during the period of project
development and marketing. Such temporary buildings shall be removed upon completion of the
marketing or construction activity which they are accessory to.
5.11 POLLING PLACES
Pursuant to the LDC provisions shall be made for the future use of building space within common
areas for the purposes of accommodating the function of an electoral polling place.
An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County,
which shall be binding upon any and all successors in interest that acquire ownership of such
commons areas including, but not limited to, condominium associations, homeowners'
associations, or tenants associations. This agreement shall provide for said community
recreation/public building/public room or similar common facility to be used for a polling place if
determined to be necessary by the Supervisor of Elections.
page 5 - 3
SECTION SIX
RPUD REGULATION DEVIATIONS
A. Deviation from 6.06.02.A.3 and 6.06.02.A.4 Sidewalk and Bike Lane Reauirements. Within the
HAMILTON GREENS RPUD, a seven (7) foot and five (5) foot concrete sidewalk is designed for one
(1) side of the local street instead of the required two (2) sides. These deviations occur in two (2)
specific locations within the community as follows:
1. Entrance Drive. The seven foot (7') sidewalk is located along one side (south) of the entrance
drive from the property line to the recreation parcel. At that point, a pedestrian crosswalk
provides access to a five foot (5') sidewalk that is adjacent to both sides of the local street,
throughout the remainder of the western portion of the property. If a second sidewalk was
required, a retaining wall along the north side of the entire driveway would be required. Forgoing
a sidewalk along the north side of the entrance drive allows for an easier and natural transition
from the proposed grade of the driveway, to the adjacent upland preserve area, thus minimizing
the overall environmental impact of the site. Additionally, since HAMILTON GREENS is a gated
community, a single pedestrian controlled access point into the community is a logical design
solution.
2. Access towards Lake #2. The five foot (5') sidewalk is located along south side of the access
drive servicing the easternmost portion of the site (towards Lake #2). The cross-section local
street is designed to minimize the overall environmental impact, utilizing an existing unimproved
roadway to the easternmost portion of the site. This local street services twelve (12) proposed
units, therefore the anticipated pedestrian traffic by the residents is low. If an additional five foot
(5') sidewalk is required along the north side of the local street in this area, the adjacent preserve
areas to the south, as well as the off-site preserve area to the north, would be impacted greater
than the proposed configuration.
B. Deviation from 6.06.01,J Street System Reauirements. Within the HAMILTON GREENS RPUD, the
proposed cul-de-sac roadways extend beyond the maximum one thousand (1000) feet in length. This
is to service the easternmost portion of the site (towards Lake #2) while minimizing the overall
environmental impact of the development. If the maximum length of the cul-de-sac is limited to one
thousand (1000) feet, access to this portion of the site would be impossible.
C. Deviation from 5.03.02.C.1 Fences and Walls. Within the HAMILTON GREENS RPUD, the proposed
wall height is a maximum of eight (8) feet along the eastern property line (adjacent to Lake #2). This
is the height of the wall described, presented and committed to during the two (2) NIM meetings. The
creation of this wall, along with the proposed landscaping will minimize the impact on the adjacent
land owners in Wilshire Lakes.
page 6 - 1
EXHIBIT 1
BOUNDARY SURVEY
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page 7 - 1
EXHIBIT 2
AFFIDAVIT OF UNIFIED OWNERSHIP
COVENANT OF UNIFIED CONTROL
The undersigned do herehy swear or affirm that they arc the fee simple titleholders a.nd owners of record of property
cllInmnnly known as _.,.....__, Livinllston Greens POD
, 222 So, U.S. Hii!hwav 1. Ste, 209, Tequcsta,..!:'L 33~69_
(Street address and City, Statt' and Zip Code)
llnd legally described in Exhibit ^ attached bereto.
The property descrihed herein is the subject of an application for planned unit development (PUD) zoning. We
hereby designate GeOl'l(e L. Val)ladoc, Esquire and Patrick CUllningham. legal representatives thercof, as the legal
n:prcscntativcs of the property and as such, these individuals arc authorized to legally bind all owners of the
property in the course of sceking the necessary approvaL~ to develop, This authority includes, but is not limited to,
the hiring and authorization of agents to assist in tbe prcparation of applications, plans, surveys, and studies
necessary to obtain zoning approval on the site, These representativcs will rClllain the only entity to autlll>rize
development activity on the property until sueh time as a new or amended covenant of unilied control is dclivered to
Collicr County.
The undernigned recognize the following and will bc guitkd accordingly in the pursuit of development of the
]If(Uect:
I, The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning,
2. The legal representative identified herein is responsiblc for compliance with all terms, conditions, safeguards,
and stipulations made at the time of approval of the mastcr plan, even if the property is subsequently sold in
whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by
Collier County.
3, ^ departure from the provisions of the approvl.'(l plans or a faihU"e to comply with any requirements, conditions,
or saft'gnurds provided Il,r in the planned unit development process will constitute a violation of the 1.and
Development Codc.
4. All terms and conditions of the planned unit development approval will be incorporated into covcnant'i and
restrictions which run with the land so as to providc notice to subst:quent owners that all development activity
within the planned unit development must be consistent with those terms and conditions.
5. So IOllg as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, atKt conditions of the planncd unit dcvelopment, seck equitable relief as necessary to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the
planncd unit development and the County lIlay stop ongoing construction activity until the project is brought
into compliance with all tt.'l'ffiS, conditions und safcguards of the planned tUlit development.
LIVINGSTON GREENS, LLC
By: '1"'/ '
. ......,......_.. .~,._~_,_......,...,.....".~~.. .~_. ._~w^'.,,_' ,~...._,_"w..._._.__.._.:",
Rich I'd P. Bellinger, Manag\:r
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STATE OF FI.ORID^)
COUNTY OF COtxfER)
f'(\~(f\ Bl', It< ,\{ ,/
Sworn h) (or affirmed) and subSCribed before me this _;,j:~_~_ day of
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(Serial Number, ifany)
page 7 - 2
EXHIBIT '2-A'
(For Covenant Of Unified Control)
LEGAL DESCRIPTION
The subject property being 29.68 acres, is described as:
Leqal Descriotion Of Survey As Furnished To Surveyor
The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48
South, Range 26 East, less the South 30' and the East 30' and the West 30' and less the North 30'
thereof, Collier County, Florida, containing 8.37 acres more or less, and
The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest quarter of
Section 31, Township 48 South, Range 26 East, less the North 30', Collier County, Florida, containing
2.30 acres, more or less, and
The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the Northwest quarter of
the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida,
containing 1.29 acres, more or less, and
The North 30' of the West % of the North ~ of the South ~ of the Northwest quarter of the Northwest
quarter of Section 31, Township 38 South, Range 26 East, Collier County, Florida, containing 0.66 acres,
more or less, and
The West ~ of the North ~ of the South ~ of the Northwest Quarter of the Northwest quarter of Section
31, Township 48 South, Range 26 East, Collier County, Florida, less the North 30', less the West 30',
reserved for public right-of-way, containing 4.40 acres, more or less, and
The East one-half (1/2) of the East one-half (1/2) of the North one-half (1/2) of the South one-half (1/2) of
the Northwest one quarter (1/4) of the Northwest one quarter (1/4) of Section 31, Township 48 South,
Range 26 East, Collier County, Florida, containing 2.54 acres, more or less, and
The South ~ of the South ~ of the Northwest quarter of the Northwest quarter of Section 31, Township
48 South, Range 26 East, Collier County, Florida, containing 10.12 acres, more or less.
Leqal Descriotion Of Survey As Re-Written For Brevity
The Northwest X of the Northwest X of the Northwest X of Section 31, Township 48 South, Range 26
East, Less The West 30 feet thereof, and
The Northwest X of the Southeast X of the Northwest X of the Northwest X of Section 31, Township 48
South, Range 26 East, and
The North ~ of the Southwest X of the Northwest X of the Northwest X of Section 31 Township 48
South, Range 26 East, Less The West 30' thereof, and
The Northeast X of the Southeast X of the Northwest X of the Northwest X of Section 31, Township 48
South, Range 26 East
The South Y2 of the South Y2 of the Northwest quarter of the Northwest Quarter of Section 31, Township
48 South, Range 26 East, all being in and a part of Collier County, Florida and containing 29,68 acres
more or less.
page 7 - 3
EXHIBIT 3
LOCATION MAP
The subject parcel is located in northern Collier County on the east side of Livingston Road,
approximately one mile south of Immokalee Road. (4800 feet north of the Livingston RoadNanderbilt
Beach Road intersection.) Vehicular access from Livingston Road to the west acts as the entrance into
the community, while the parcel is bordered to the north and south by undeveloped lands consisting
primarily of wetland preserves; and bordered to the east by Wilshire Lakes (a PUD community in Collier
County).
The project site is located in the West 1/2 of Section 31, Township 48 South, Range 26 East.
See Location Map - (below)
4 QUEEN L
(; KING GEORGE LA
-6 HENRY LA
7 WtLUAM CT
8 ERICK LAKE DR 30
9 STERN CIR
10 SAILfiSH LA
11 COURT WY
12 COURT LA
13 PRESERVE WY
page 7 - 4
EXHIBIT 4
RPUD MASTER PLAN
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page 7 " 5
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. 2007-27
Which was adopted by the Board of County Commissioners on
the 13th day of February 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th day
of February 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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