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Ordinance 2007-41 ~A56789 ,,'" 'oJ' '.! ~ _, J'~ OJ ...a(t ~ {i,e (\~ 'Il'" t\\ ~ '~ \- t\'t~\\l ; ~ \\.\)\.\ ~ \ <9~ ~ ~ ~ q," ~~~~\.'tO"t ORDINANCE NO. 07 41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURE (A) ZONING DISTRICT WITH A CONDITIONAL USE FOR A CHURCH TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE BRADFORD SQUARE MPUD, IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.18 ACRES; AND BY PROVIDING AN EFFECTNE DATE. ] r--- .,.".-~ .... . J .,;"1 ;'1 ,". WHEREAS, Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., 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 the Agriculture (A) Zoning District and a conditional use for a church, which has since expired to a Mixed Use Planned Unit Development (MPUD) zoning district for project known as the Bradford Square MPUD in accordance with the MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, 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 by the Board of County Commissioners ofCollieLCounty, Florida, this ,;LLf day of d/.?~ , 2007. , ATTEsn . C~';/'_ DWIGHT E.BROc.K'. ~' ~~Qt ttest'lI \to,.' .', "uty Clerk S 10111lt "Ml.,. l' APprO~~J;:~fOJn,l"and legal sufficiency: BY: BOARD OF COUNTY COMMISSIONERS CO~at J~S , A AN I/t 'lft:.:,;. Un ,/Jb~-~ Marjori . Student-Stirling Assistant County Attorney This ordinance filed will- lI-- ~ry ot m~i Oflie<! "'I," <:t:.D.:'day of ", ~. and acknowledgeme!"1 ,Qf +1<\,,1 filing received this .x:'!l_ tloy Of~,~,~~ BRADFORD SQUARE MPUD A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: Livingston Village LLC 2055 Trade Center Way Naples, FL 34109 And Vanderbilt Holdings II, LLC 6625 New Haven Circle Naples, FL 34109 - 7220 PREPARED BY: Hole Montes, Inc. Robert Duane, AICP 950 Encore Way Naples, FL 34110 (239) 254-2000 And Goodlette, Coleman & Johnson, PA Richard D. Yovanovich, Esq. 4001 Tam/ami Trial North Suite 300 Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC Apd1 24, 2007 ORDINANCE NUMBER 2007-41 AMENDMENTS AND REPEAL Exhibit A TABLE OF CONTENTS PAGE THE BRADFORD SQUARE MPUD SECTION I: STATEMENT OF COMPLIANCE 1-1 SECTION II: PROPERTY OWNERSHIP, LEGAL DESCRIPTION, PROJECT DESCRIPTION, SHORT TITLE, AND STATEMENT OF UNIFIED CONTROL 2-1 SECTION III: MIXED USE DEVELOPMENT REGULATIONS 3-1 SECTION IV: PRESERVE SUBDISTRICT 4-1 SECTION V: DEVELOPMENT COMMITMENTS 5-1 LIST OF EXHIBITS AND TABLES EXHIBIT "A" MPUD MASTER PLAN EXHIBIT "B" LIST OF REQUESTED DEVIATIONS FROM LDC ii SECTION I STATEMENT OF COMPLIANCE The development of approximately 9.18 acres of property in Section 31, Township 48 South, Range 26 East as a Mixed Use Commercial Planned Unit Development (MPUD) will be in compliance with the goals, objectives, and policies of the Collier County Growth Management Plan (GMP). The project will be consistent with all applicable provisions of the growth poiicies, land development regulations, and applicable comprehensive planning objectives for each of the elements of the GMP for the following reasons: The subject property is located in the Vanderbilt Beach Road Neighborhood Commercial Subdistrict and will provide neighborhood commercial development at a scale not typically found In the Mixed Use Activity Center Subdistrict. The intent is to provide commercial uses to serve the emerging residential development in close proximity to this Subdistrict. Allowable land uses are a variety of commercial mixed uses and residential uses. The Subdistrict Includes two parcels and the subject property located at the intersection of Livingston Road and Vanderbilt Beach Road. The project is allowed a maximum of 100,000 square feet of gross leasable floor area whether by right or by conditional use in the C-l through C-3 Zoning District. The Subdistrict prohibits certain uses including gas stations and convenience stores. Residential densities are permitted up to sixteen dwelling units per acre. The proposed MPUD with ten residential dwelling units and up to 100,000 square feet of gross leasable floor area including the proposed uses can be found consistent with the GMP, FLUE, and the provisions set forth in the Vanderbilt Beach Road Neighborhood Commercial Subdistrict. Therefore, consistency with the GMP can be established for this proposed MPUD. 1-1 C:\Documents and Settings\melissazone\Local Settings\Temporary Internet Files\OLK20D\Revised MPVD 4-23-07 document per MS 4-9- 07 cepe 04-16-07.doc SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, PROJECT DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The subject property is owned by Vanderbilt Holdings, LLC located at 6625 New Haven Circle, Naples, FL 34109 and is under contract for purchase by Livingston Village, LLC (Co-Applicants) at the time of rezoning. 2.2 LEGAL DESCRIPTION The southwest quarter of the southwest quarter of the southwest quarter and the west half of the west half of the southeast quarter of the southwest quarter of the southwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the south 150 feet thereof. Also less and except: That portion described in warranty deed to Collier County, Florida record in O.R. Book 3022, Page 1128, and that portion described in Order of Taking, recorded in O.R. Book 3599, Page 121, Public Records of Collier County, Florida. 2.3 PROJECT DESCRIPTION The project is comprised of 9.18 acres, more or less, and is located on the northeast corner of the intersection of Vanderbilt Beach and Livingston Roads. The MPUD has approximately 820 feet of frontage on Vanderbilt Beach Road and approximately 470 feet of frontage on Livingston Road. Bradford Square is expected to develop with a mixture of office, retail, and residentiai uses, with a maximum of 100,000 square feet of fioor area for office and retail uses. However, the maximum floor area for any commercial user shall not exceed 20,000 square feet of gross leasable floor area. 2-1 2.4 SHORT TITLE This ordinance shall be known and cited as "BRADFORD SQUARE MIXED USE PLANNED UNiT DEVELOPMENT ORDINANCE". 2.5 STATEMENT OF UNIFIED CONTROL This statement represents that the contract sellers, Vanderbilt Holdings, LLC, have the project or property under unified control for the purpose of obtaining MPUD zoning on the subject property. 2.2 SECTION III MIXED USE SUBDISTRICT 3.1 MAXIMUM DEVELOPMENT INTENSITY AND NUMBER OF DWELLING UNITS The maximum development intensity is 100,000 square feet of gross leasable office or retail area and a maximum of 10 dwelling units. 3.2 PERMITTED USES A. General Permitted Uses~ 1 . Essential services as set forth under the Land Development Code (LDC) including but not limited to, gas lines, water lines, sewer lines, pump stations and wells. 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. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the LDC. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 7. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses for this MPUD, as determined by the Board of Zoning Appeals. (BZA) B. Principal Uses: 1. Multi-family dwellings. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA. 3-1 C. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this MPUD, including recreational facilities, such as swimming pool, and clubhouse, and maintenance facilities. The location of the recreational area is depicted on the MPUD Master Plan. 2. Any other use, which is comparable in nature with the foregoing uses, consistent with the uses for this MPUD as determined by the BZA. D. Commercial and Residential Uses: 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: Permitted Principal Uses and Structures (SIC Code) 1. Accounting services (group 8721); 2. Apparel and accessory stores (groups 5611 - 5699); 3. Architectural, engineering and surveying services (groups 0781, 8711 - 8713); 4. Attorney offices and legal services (group 8111); 5. Business services (groups 7311 - 7313, 7322 - 7338, 7361 - 7379, 7384, 7389); 6. Child day care services (group 8351); 7. Depository (financial) institutions (groups 6011 - 6099); 8. Drinking places (group 5813); No outdoor amplified entertainment shall be permitted for any restaurants (music or television) and no bar areas with outside seating shall be permitted. 9. Eating and drinking places (group 5812 only as outlined as follows: box lunch stands, cafes, coffee shops, dairy bars, diners, eating places), food bars, frozen custard stands, grills, (eating places), Ice cream stands, luncheonettes, oyster bars, pizza parlors, pizzerias, restaurants-carry-out, restaurants-sit-down, restaurant with drive-through window (limited to one oniy) sandwich bars or shops, snack shops, soda fountains, submarine sandwich shops, tea rooms, (See also Section 3.2.E.3); No outdoor amplified entertainment shall be permitted for any restaurants (music or television) and no bar areas with outside seating shall be permitted. 3.2 10. Food stores (groups 5411 - 5499) "except as prohibited in Section 3 .2.E of this Document" 11 . General merchandise stores (groups 5311 - 5399); 12. Governmental offices (groups 9111-9199); 13. Hardware stores (group 5251); 14. Health services (groups 8011 - 8049, 8082); 15. Home furniture, furnishings, equipment store (groups 5712 -5736); 16. Home supply store (group 5531); 17. Insurance agencies, brokers, carriers (groups 6311 - 6399, 6411); 18. Large appliance repair service (group 7623); 19. Management and public relations (groups 8741 - 8743, 8748); 20. Membership organizations (groups 8611 - 8699); 21. Miscellaneous repair services (groups 7629 - 7699); 22. Miscellaneous retail services (groups 5912 - 5963); 23. Museums and art galleries (group 8412); 24. Non-depository credit institutions (groups 6111 - 6163); 25. Office machine repair service (groups 7629 -7631); 26. Paint, glass, wallpaper store (group 5231); 27. Personal services (groups 7211, 7212, 7215, 7216, 7221 7251, 7291, 7299); 28. Photographic studios (group 7221); 29. Physical fitness facilities (group 7991); 30. Residential multi-family- maximum of 10 dwelling units 31 . Real estate (groups 6531 - 6541); 32. Retail nurseries, lawn and garden (group 5261); 33. Security brokers, dealers, exchanges, services (groups 6211 - 6289); 34. Shoe repair shops or shoe shine parlors (group 7251); 35. Travel agencies (groups 4724); 36. Veterinarian's office (groups 0742,0752) (except for outdoor kenneling); 37. Videotape rental (group 7841); 38. Any other use which is comparable in nature with the foregoing uses as determined by the BZA. E. Specifically prohibited uses: 1 . Automotive service stations; 2. Convenience stores with or without gas pumps; 3. Fast food restaurants; 3.3 4. No outdoor amplified entertainment shall be permitted for any restaurants (music or television). 5. No bar areas with outside seating shall be permitted. F. Development Standards for Commercial and Residential Uses: Table 1 beiow sets forth the deveiopment standards for land uses with this MPUD Ordinance. Standards in the LDC, not specifically set forth herein shall be those specified in effect as of the date of approval of the site development plan (SDP) or subdivision plat. Table 1: A. Principal Structures 1. Minimum lot width: One-hundred feet (100'). 2. Minimum lot area: Ten-thousand square feet (10.000 s.f.). 3. Front yard setback: Thirty-five feet (35') from both Livingston and Vanderbiit Beach Roads. 4. Rear yard setback: Seventy feet from north property line (70'). 5. Side yard setbacks: Seventy feet from east property line (70' each). 6. Minimum distance One-half the sum of each buiiding height but between structures: not less than twenty feet (20'). 7. Maximum building height: Thirty-five within three stories as zoned but not to exceed fifty (50') feet (actual height). 8. Minimum floor area: One-thousand square feet (1000 s.f.). 9. Minimum preserve area Twenty-five feet (25') See also Subsection setback: 5.6.G of this Ordinance. 3.4 B. Accessorv Structures: 1. Front setback: Fifteen feet (15'). 2. Side setback: Fifteen feet (15'). 3. Rear setback: Fifteen feet (15'). 4. Preserve setback: Ten feet (10'). 5. Distance between 'SPS. principal structures: 6. Maximum height: Fifteen feet (15') Notes: . See aiso Subsection 5.6.8 of this Ordinance. . SPS- same as principal structures. Except as provided for herein, all criteria set forth in the Table 1 above, shall be understood to be in relation to individual parcels or lot boundary lines. Condominium and/or residential dwelling unit boundary lines shall not be utilized for determining development standards. Size Limitations on Uses: A maximum of 20,000 square feet of floor area for any single commercial user. This is the only limit on the size of permitted uses within the 100,000 square foot maximum of gross ieasabie floor area allowed. Architecturai Common Theme: Structures within this MPUD shall have a Mediterranean architectural theme, inclusive of common or compatible use of materials and colors. All buildings will be in the Mediterranean style, and all pitched roofs will be barrel tile or similar material. 3,5 Mixed Use Standards: Residential muiti-family dwelling units shall be permitted above commercial structures and shall have a minimum floor area of 1000 square feet and shall be limited to a maximum of ten (10) units. 3-6 SECTION IV PRESERVE SUBDISTRICT 4.1 USES PERMITTED A minimum of 15 percent of the native vegetation area or 1.38 acres of the MPUD shall be preserved and set aside as a preserve area. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following. A. Permitted Uses and Structures: 1. Principal Uses: a. Passive recreation areas. b. Water management and water management structures. c. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. d. Mitigation areas. .\. SECTION V DEVELOPMENT COMMITMENTS 5.1 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. A. All traffic control devises, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (M UTC D), current edition. All other improvements shall be consistent with and as required by the LOC. B. 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 County shall have no responsibility for maintenance of any such facilities. C, If a gate is proposed at any/or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent roadway. To meet this requirement the following shall be the minimum requirements to achieve that purpose: 1 . The minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate. 2. A turn around area of sufficient width and with sufficient inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate. D, Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). 5-1 E. Access points and proposed streets shown on the MPUD 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 pian or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. F. Site-related improv~ments (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 impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. G, Payment in lieu of construction of sidewaiks and bike lanes for Vanderbilt Beach Road frontage shall be required. The amount shall be determined utilizing FOOT's 2004 Transportation Cost Manuai estimates, as amended. Payment shall be required within 30 days of the zoning approval by the Board of County Commissioners. 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, 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. If any required turn lane improvement requires the use of any existing County rights-of-way or easements, compensating right- of-way shall be provided without cost to the County as a con-sequence of such improvement. J. A bus stop shall be incorporated into the Vanderbilt Beach Road right-of-way. The bus shelter location and design shall be coordinated with, and approved by, the Collier County ATM Department. A detailed plan of the shelter shall be included in the submittal of the first application for this project. The shelter shall be constructed by the applicant and shall be completed prior to issuance of the first CO. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement 5.2 within a public right-of-way or easement is determined to be necessary, the developer shall pay its proportional share of the cost of such improvement and shall be paid to Collier County before the issuance of the first CO. 5.2 UTILITY REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, as amended, and other applicabie County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Utilities Division. 5.3 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities in compliance with the applicable regulations in effect at the time SDP and plat approvals are requested. 5.4 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, In accordance with the submitted plans, is granted by the Development Services Department. 5,3 B. A copy of the SFWMD Surface Water Management Permit if required, shall be reviewed by the Development Services Staff prior to any construction drawing approvals. 5.5 WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC. B. An excavation permit shall be accordance with the LDC Management District rules. required where applicable, in and South Florida Water C. A surface water management permit shall be obtained from the (SFWMD) prior to any subdivision or SDP approval, if applicable. D. Any existing or proposed easements for Collier County storm water facilities shall be maintained free of iandscaping berm, or any other kind of obstacle that could impede adequate access to maintenance crews and equipment. E. If 3.1 siopes are used in this MPUD, possible guardrail, fencing, outlet and gratings may be required in addition to piantings and ground cover plantings. 5.6 ENVIRONMENTAL REQUIREMENTS The purpose of this Section is to set forth the environmental commitments of the project developer. A. The MPUD shall be required to preserve 15% of native vegetation. The preservation plans shall meet or exceed the requirements of the LDC. B. All approved agency SFWMD, United States Army Corps of Engineers (ACOE), FWC) permits, as applicable, shall be submitted prior to final SDP/construction plan approval. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 5-4 C. All conservation areas shall be designated as conservation/ preservation tracts or easements on all construction plans and shall be recorded on the plat or SDP, whichever is applicable, with protective covenants per or similar to Section 704.06 of the Florida Statutes. D. In the event the project does not require platting, all areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes of the Section 704.06. E, An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final SDP/construction plan approval. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. This information shall be provided to Environmentai Services Staff for review at the time development orders are requested. G, All principal structures shall have a minimum setback of 25-feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 1 O-foot setback. H. The stormwater management system shall be monitored on an annual basis, If the stormwater management system negatively affects native vegetation in the Preserve Area, then the vegetation shall be recreated. I. A preserve management plan shall be provided to the Environmental Services Staff for approval prior to site construction approval identifying methods to address treatment of invasive species and fire management. 5.5 EXHIBIT "An MASTER PLAN . il !I Ul_ 01- <tZ'" UJO CCCCl) UJu.UJ Z '" O~I- NUJUJ !!!"- ~ ~ , 0 . cb l! . I ~ i ~ ~ ~; I ~ -0- ~ ~ ., i ~ lj . ~ I ~ I ~ I 0 0 ~ , :11 1'1 ,II ~~ " " O:z W<t ........ ", ~'" .... , ....z " cw I =>:E . ;1 ....w "''' " i Wc ! Oz Z<t '. ~~. , @ 8:E " F~'" i~d~ '. ~Hfj ~li:i :c Ul- '" UJ . <t Ul , :E'" ;:) zO <tU !::!u. -'-' UJO Q. "9 o ; ;:)Z ,,-0 '" 0;:) UJIXl Z- Ot: N '5 . ;;~ III .i. -I' I ; ~ ; . i 1,1 i UJ 0 '" ... <t ... ;:) ~ a = < (I) ~::l gs: o !J!z '" w 0 00>- u. 1) o ;!t <t 2: '" ... IXl !' ; . " ", ~'lo. "".'.'''' :':- ..~ <i.t ..~: ..;: , , ",,'t ~',+ .. <..... =~ . t ;',+ :~ s ,- - ~ --~,-;i~ ~~- ~','II '~:=:::~~::::~~~~llt~~~:i~;~~:-~~:~:~ ~-:/ _ T -=-----.:::::::::::::~:::::::::::::::-::::::::=:::=:::::::::::::::::::::::::::::1' I ,",''''''''_'h'' ...,...._,.._o__,-'_,~ EXHIBIT "B" LIST OF REQUESTED DEVIATIONS FROM THE LDC The purpose of this section is to set forth the deviations to the LDC that governs the development of this MPUD. A. The Collier County Access Management Policy Resolution No. Ol .247 requires a minimum spacing 1320 feet from the intersection of Livingston Road for access location. Due to the size of the parcel, the access onto Livingston Road is shown approximately 420 feet from the intersection of Livingston Road and Vanderbilt Beach Road. This access point was agreed to as part of a stipulated final judgment between Coliier County, FL vs. Tiburon Golf Ventures L.P" et oj, case # 04-4678-CA parcel # 15. B. The requirement for a wali between commercial and residential uses prescribed in Subsection 5.03.02 E 2 and 3 of the LDC shall be waived along the north and east property lines that are adjacent to residential development. The buffer areas shown on the MPUD Master Plan are presumed to provide sufficient screening and buffering and shali provide the same level of screening as to the LDC requirements after exotic removal. C:\Documents and Settings\melissazone\Local Settings\Temporary Internet Files\OLK20D\Revised MPVD 4-23.07 document per MS 4-9- 07 cepe 04-16-07 .doc Ililljl ~, ,i, ~' . ~~;: ~B~~ uM nn ~ Il j/JI Je I : . ~~~r - li , " h -~ . =~ !, " ~.' r1.. !"g \ := jl \ " L'\. !!~ ti. ire ~__ A , ';~~t;.~,j , ~. CO << . ~'): <(" ~~ ..i: z \:)':'~ z ~~:o 0 >rl ~ s'" ~ ~~ ~"2 ~ g1'i- a~ o. ! f I I , w' ~ ' i I ! z Q . ~ ~ n L;: J" . ' t! , " f I I ~ ~ - 0' 0' , Ii: !i! >- ~40'.; 'd \"'r 1~: ~U~ ", U . 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IV Q) Q) u C C IV o I- U I- - Q) IV:!:: I- "0 = Q) .... ~ 2: .... ,- .J: ~ <C .. ^,.~ I Q) I- IV = c:r II) 'E o - "0 IV l- ra II ~I JJ Ii .sl f1 il "'I It -I II ~.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 and correct copy of: ORDINANCE 2007-41 Which was adopted by the Board of County Commissioners on the 24th day of April, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of April, 2007, DWIGHT E. BRQ~K / Clerk of Courts and Clerk Ex-officio to Board' ot. County Commissioners ~~OL. By: Ann Jennejohn, Deputy Clerk !l'r:oiw>~ rLORIDA DEPARTMENT at STAT~ CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State June 15,2007 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters dated June 13, 2007, and copies of Exhibits E-I through E-4 of Collier County Ordinance No. 2007-40 which was filed in this office on May 1, 2007 and Exhibit "A" of Collier County Ordinance No. 2007-41, which was filed in this office on April 27, 2007. As requested, one date stamped copy of each is being returned for your records. Sincerely, ~~';) Liz Cloud Program Administrator LC/lbh Enclosure DIRECTOR'S OFFICE RA Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT 850.245.6600 . FAX: 850.245.664] 5T A TE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.2456744 5T ATE ARCHIVES OF FLORIDA 850.245.6700 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812. FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRATIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 June 13, 2007 eOl.1Jlty of Collier CLERK OF THE CIRCUJT COURT COLLIER COUNTY COURTHOUSE 330 I T AMIAMI "(RAIL EAST P.O. BOX 413044. NAPLES, FLORIDA~4101-3044 * Clerk of Courts Accountant Auditor Custodian of County Funds Dwight E. Brock Clerk of Courts Ms. Karlyn Solis Department of State Bureau of Administrative Code RA Gray Building Room 101 500 S. Bronough Street Tallahassee, Florida 32399-0250 Re: Ordinance Number: 2007-41 Dear Ms. Solis: Transmitted herewith for the record is Exhibit "A" Master Plan that was inadvertently omitted from Collier County Ordinance 2007-41. The ordinance with the enclosed exhibit, was adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, April 24, 2007, during Regular Session. Please place this exhibit with Ordinance 2007-41 that was filed with your office on April 27, 2007. Thank you. Very truly yours, DWIGHT E. BROCK, CLERK /~ Martha Vergara, ~ Deputy Clerk Enclosure( s) This ordinance filed with the Secretary of State's Office the ~ day of ...\"n~ ,'2s0'" and acknowledgement of thot filing received this 14~ doy of J""~ By . Il~ _uty c Phone- (239) 732-2646 Website- www.c1erk.collier.fl.us Fax- (239) 775-2755 Email-collierc1erk(ti;c1erk.collier.fl.us i ~ D:l :J> 3 ~ z 0 ~ ." ~o 0 om :J> z ~ 0 s~ r- !6 en !;!ll 0 ~ c: m l> ~ :J> o m I;L! I !i">~!:l ~ I' , , , II'~!:: !:: .iil :;: i"f ie,. "f:r~ ~~~"I .p" ~g~::" m )C :I: Iii :::j~ -:<' .~ '!' Oil: 0.. ZIIl 0... mm ~.. C:" ..... ..... "z ... .. 2! 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