Ordinance 2024-21 ORDINANCE NO. 2024-21
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, 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 AGRICULTURAL (A) ZONING DISTRICT AND
COMMERCIAL PROFESSIONAL AND GENERAL OFFICE
DISTRICT (C-1) ZONING DISTRICT, TO THE
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS
LIVINGSTON VETERANS CPUD TO ALLOW UP TO
100,000 SQUARE FEET OF COMMERCIAL GROSS
FLOOR AREA, INCLUDING GAS STATIONS AND CAR
WASHES, AND INDOOR AIR-CONDITIONED MINI- AND
SELF- STORAGE WAREHOUSE (SIC CODE 4225) GROSS
FLOOR AREA, OF WHICH COMMERCIAL GROSS
FLOOR AREA IS LIMITED TO 50,000 SQUARE FEET;
PROVIDING FOR REPEAL OF ORDINANCE NO. 2006-23;
AND BY PROVIDING AN EFFECTIVE DATE. THE
PROPERTY IS LOCATED AT THE SOUTHEAST
INTERSECTION OF LIVINGSTON ROAD AND
VETERANS MEMORIAL BOULEVARD IN SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 4.68± ACRES.
[PL20220003226]
WHEREAS, Chris Scott,AICP, of Peninsula Engineering, Inc., and Rich Yovanovich,
Esq., of Coleman, Yovanovich &Koester, representing Livingston Veterans Commercial, 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:
[23-CPS-023 09/1 85 1 2 5 9/1] 118
PL20220003226 Livingston Veterans CPUD
031224
Page 1 of 2
SECTION ONE:
The zoning classification of the herein described real property located in Section 13,
Township 48 South, Range 25 East, Collier County, Florida, is changed from the Rural
Agricultural (A) Zoning District and Commercial Professional and General Office (C-1) Zoning
District, to Commercial Planned Unit Development (CPUD) Zoning District for a project known
as Livingston Veterans CPUD, in accordance with Exhibits A through F, attached hereto and
incorporated herein and by reference made part hereof. 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:
Ordinance No. 2006-23, a rezone to C-1, is repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2024-.C becomes
effective.
PASSED AND DULY ADOPTED by sup majority vote of the Board of County
r A L
Commissioners of Collier County,Florida, thiso73 day of �� � , 2024.
ATTEST: ' ` BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER C UNTY, FLORIDA
ál / r , BY:
Attest as to Cha uty Clerk hris Hall, Chairman
itsi signature only
Ap roved as to form and legality:
phis ordinance filed with the
ecrP, �'t?r,
°{ tAt 's Office the
eidi Ashton-Cicko 3-12-24 day of tr ' sa-e
and cckn: � . ��_,
Managing Assistant County Attorney wledge.ment ¢f that
fili e, ived this
of day
Attachments: BY MG/ .lL
Exhibit A-List of Permitted Uses 0AoUR.c
Exhibit B-Development Standards
Exhibit C-Master Plan
Exhibit D-Legal Description
Exhibit E—List of Deviations Page 2 of 2
Exhibit F-List of Developer Commitments
EXHIBIT A
LIVINGSTON VETERANS CPUD
PERMITTED USES
A maximum of 100,000 square feet of commercial gross floor area and indoor self-storage gross floor area,
of which commercial gross floor area is limited to 50,000 square feet. The uses are subject to the trip cap
identified in Exhibit F, Section 3.a of this PUD.
COMMERCIAL:
A. Principal Uses:
1. All permitted uses in the C-1, Commercial Professional and General Office Zoning District of
the Collier County Land Development Code (LDC) in effect at adoption of this ordinance
2. Amusement and Recreation Services(SIC 7911, 7991,7999 limited to gymnastics,judo, karate
and yoga instruction)
3. Apparel and Accessory Stores (SIC 5611-5699)
4. Banks, Credit Unions and Trusts (SIC 6011-6099)
5. Business Services (SIC 7334-7336,7389 limited to drafting service, interior design, notary, and
paralegal services)
6. Candy, Nut and Confectionery Stores (SIC 5441)
7. Carwash (7542), subject to LDC Section 5.05.11 except as deviated from in Exhibit E
8. Convenience Stores (SIC 5411)
9. Eating Places (SIC 5812)
10. Food Stores (SIC 5411-5499)
11. Gasoline Service Stations(SIC 5541),subject to LDC Section 5.05.05 except as deviated from in
Exhibit E
12. Jewelry Stores (SIC 5944)
13. Membership Organizations(SIC 8611-8651)
14. Miscellaneous Retail (SIC 5992, 5994-5995)
15. Motor freight transportation and warehousing (4225, indoor air-conditioned mini- and self-
storage warehousing only)
16. Museums and Art Galleries (SIC 8412)
17. Paint, Glass and Wallpaper Stores(SIC 5231)
Livingston Veterans CPUD, PL20220003226 Last Revised 3/11/2024 Page 1 of 9
18. Personal Services (7212,7216, 7219 and 7221)
19. Any other principal use, which is comparable in nature with permitted principal uses in the C-
1 through C-3 zoning designations, as determined by the Board of Zoning Appeals ("BZA") or
the Hearing Examiner. Motor freight transportation and warehousing (4225, Indoor air-
conditioned mini- and self-storage warehousing only) is not eligible for a Comparable Use
Determination as defined in the Collier County Land Development Code.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the permitted uses within this CPUD
document.
2. Water management facilities to serve the project such as lakes.
Livingston Veterans CPUD, PL20220003226 Last Revised 3/11/2024 Page 2 of 9
EXHIBIT B
LIVINGSTON VETERANS CPUD
DEVELOPMENT STANDARDS
The table below sets forth the development standards for land uses within the Livingston Veterans CPUD.
Standards not specifically set forth herein shall be those specified in applicable section of the LDC in effect
as of the date of approval of the SDP or subdivision plat.
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 sf N/A
MINIMUM LOT WIDTH 100 ft N/A
MINIMUM YARDS(External) (1)
From Livingston Rd Right-of-Way 25 ft 25 ft
From Veterans Memorial Blvd Right-of-Way 25 ft 25 ft
From Eastern PUD Boundary 25 ft 25 ft
From Southern PUD Boundary 25 ft 25 ft
MINIMUM YARDS(Internal) (1)
Front 20 ft 10 ft
Side 10 ft 10 ft
Rear 10 ft 10 ft
Lake (measured from Control Elevation) 25 ft 20 ft
MINIMUM DISTANCE BETWEEN STRUCTURES 15 ft 10 ft
MAXIMUM HEIGHT ZONED ACTUAL ZONED ACTUAL
35ft 45ft 35ft 45ft
MINIMUM FLOOR AREA 1,000 sf N/A
Setbacks for Facilities with Fuel Pumps and Carwashes are subject to standards of LDC Section 5.05.05
and 5.05.11, respectively, except as specified within Exhibit E, Deviations from the LDC
Livingston Veterans CPUD, PL20220003226 Last Revised 3/11/2024 Page 3 of 9
VETERANS MEMORIAL BOULEVARD
(PUBLIC RIGHT-OF-WAY)
COMPENSATING RIGHT IN/RIGHT OUT
ACCESS POINT
RIGHT-OF-WAY
PE'D'7-15'TY cJ 1
LANDSCAPE BUFFER
. Ic) .
•
•
•
•
I I VEHICULAR/PEDESTRIAN
INTER-CONNECT
(NO PUBLIC ACCESS)
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Q > LLO ) I } W
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CI- I-N Q Z m 15'TYPED' Ill-I > d �LANDSCAPEBUFFER J 2 a
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POTENTIAL INTERNAL W <
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LOT LINE
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15' TYPE'B' _j ..-
LANDSCAPE BUFFER
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70
,�� LEGEND
i 4i :
XE - DEVIATION
a
1 C — COMMERCIAL
a
COMPENSATING + �' - WATER
I a RIGHT-OF-WAY f / MANAGEMENT
1s'TYPE'B' ��� INTERNAL
LANDSCAPE BUFFER
ZONING: ALLURA RPUD ACCESS POINT
I LAND USE: MULTI—FAMILY (NO PUBLIC EXTERNAACCESS)
RESIDENTIAL DEVELOPMENT 0o0
Q 3/11/24-REVISED PER CC COMMENTS ACCESS POINT
I 11/17/23-REVISED PER CC COMMENTS
1
7 PROJECT: TITLE: OWNER/CLIENT/CONSULTANT: SEC:13 TWP:48 RGE: 25
1 PEN I N S U L A Dealgned by: CGS
Drawn by: JAW
I ENGINEERING LIVINGSTON EXHIBIT 'C' PUD LIVINGSTON Date: 10/22
I CIVIL ENCINEERINC, LANDSCAPE ARCHITECTURE. VETERANS Drawing Scale: 1"=100'
ENVIRONMENTAL LAND Z,GE IENT VETERANS CPUD MASTER PLAN 1 I Project Number: P-LIVC-001-001
SITE P,ANNI"� CCINSTRD('TI°NM^"^°EMENT COMMERCIAL, LLC
I nWNER REPRESENTATIVE File Number: P-LIVC-001-0O1-MCP
( 2600 Golden(:ale I'ackway
Naples.Honda 34105
Phone:239.403.6700 Fax:239.2E 1.1797
A Emair.inr0epco-rng.com Wdnile 0050.prn.tnp,crn„ Sheet Number: 1 2
Florida Ccoilicalr of Pu150rization M2a2]i
NOTES: MAXIMUM INTENSITY:
• PLAN IS CONCEPTUAL IN NATURE 100,000 SF OF COMMERCIAL GROSS FLOOR
• BUFFERS FOR FACILITIES WITH FUEL PUMPS AREA AND INDOOR SELF—STORAGE GROSS
AND CAR WASHES SHALL BE PROVIDED IN FLOOR AREA, OF WHICH COMMERCIAL GROSS
FLOOR AREA IS LIMITED TO 50,000 SF
ACCORDANCE WITH LDC 5.05.05
OPEN SPACE:
REQUIRED: 30%
PROVIDED: 30%
DEVIATIONS:
DEVIATION 1: RELIEF FROM LDC SECTION 5.05.05 D.5. WHICH REQUIRES DUMPSTER ENCLOSURES
ASSOCIATED WITH A FACILITY WITH FUEL PUMPS TO PROVIDE A MINIMUM FIFTY—FOOT SETBACK FROM
RESIDENTIAL PROPERTY LINES TO INSTEAD ALLOW DUMPSTER ENCLOSURES TO BE SETBACK 30' FROM
RESIDENTIAL PROPERTY LINES.
DEVIATION 2: RELIEF FROM LDC SECTION 5.05.05.B.1., WHICH REQUIRES A MINIMUM SIDE YARD SETBACK
OF 40' FOR ALL STRUCTURES ASSOCIATED WITH A FACILITY WITH FUEL PUMPS TO INSTEAD ALLOW A SIDE
YARD SETBACK OF 15'WHEN LOCATED ON A SIDE LOT LINE THAT IS INTERNAL TO THE PUD.
LAND USE SUMMARY:
USE ACRES % OF SITE
WATER MANAGEMENT ±0.70 ACRES 15.0%
PRESERVES ±0.00 ACRES 0.0°/D
LANDSCAPE BUFFERS ±0.60 ACRES 12.8%
DEVELOPABLE AREA ±3.38 ACRES 72.2%
TOTAL SITE AREA ±4.68 ACRES 100%
PRESERVE CALCULATION:
PROPOSED DEVELOPMENT
PRESERVE REQUIRED: 4.44—ACRES OF EXISTING
10% OF EXISTING NATIVE NATIVE VEGETATION
VEGETATION ON—SITE X 0.10 = 0.44 ACRES
PRESERVE PROVIDED *0.44 ACRES
*PRESERVE TO BE PROVIDED OFF—SITE, MONETARY
PAYMENT ALTERNATIVE (SEE EXHIBIT F, ENVIRONMENTAL)
PROJECT: TITLE: OWNER/CLIENT/CONSULTANT: SEC:13 TWP:48 RGE: 25
DesIgned
PENINSULA, Drawn by:by JAWENGINEERING�� LIVINGSTON EXHIBIT 'C' PUD LIVINGSTON Date 0/22
tIIVILEN°INEERINI: L,N°,,,PF nRc ITEcruRE MASTER PLAN VETERANS Drawing Scale: N/A
ENVIRI)NMENTnLC()NSULTING nNDPLnNNIN(;. VETERANS CPUD C Project Number: P-LIVC-001-001
CITE PLANNING C()NCTR ESENTNIVE (CEMENT NOTES COMMERCIAL, LLC
i oNNERREPRECENrnnvE File Number: P-LIVC-001-001-MCP
� 2coe eoldrn eacr raceway
Naples.Florida 3410
I'hmm:239.403.6700 Faa:239.261.1797
1 Email:inroaprn-ong.com Wrhsoc'wwv..parrng.mm Sheet Number: 2 2
Florida CI'oihralr of Aumorizaiion k20273
EXHIBIT D
LIVINGSTON VETERANS CPUD
LEGAL DESCRIPTION
The northwest% of the northwest 1/4 of the northwest % of the northeast quarter of Section 13, Township
48 South, Range 25 East, Collier County, Florida, less and except the parcel of land deeded to Collier County,
a political subdivision, by deed recorded in official Records Book 2597, Page 1684, of the Public Records of
Collier County, Florida.
Together with
The southwest 1/4 of the northwest quarter of the northwest% of the northeast% of Section 13, Township
48 South, Range 25 East, Collier County, Florida, less and except the parcel of land deeded to Collier County,
a political subdivision, by deed recorded in official Records Book 2597, Page 1692, of the Public Records of
Collier County, Florida.
Livingston Veterans CPUD, PL20220003226 Last Revised 3/11/2024 Page 6 of 9
EXHIBIT E
LIVINGSTON VETERANS CPUD
DEVIATIONS FROM THE LDC
Deviation 1: Relief from LDC Section 5.05.05 D.5.which requires dumpster enclosures associated with a
facility with fuel pumps to provide a minimum fifty-foot setback from residential property
lines to instead allow dumpster enclosures to be setback 30'from residential property lines.
Deviation 2: Relief from LDC Section 5.05.05.B.1.,which requires a minimum side yard setback of 40'for
all structures associated with a facility with fuel pumps to instead allow a side yard setback
of 15' when located on a side lot line that is internal to the PUD. See potential internal lot
line on the Master Plan.
Livingston Veterans CPUD, PL20220003226 Last Revised 3/11/2024 Page 7 of 9
EXHIBIT F
LIVINGSTON VETERANS CPUD
DEVELOPMENT COMMITMENTS
1. PUD MONITORING
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-
out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until
close-out of the PUD. At the time of this PUD approval, the Managing Entity is Livingston Veterans
Commercial, LLC,5020 Tamiami Trail N.,#112, Naples, FL 34103.Should the Managing Entity desire
to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a
legally binding document that needs to be approved for legal sufficiency by the County Attorney.
After such approval, the Managing Entity will be released of its obligations upon written approval
of the transfer by County staff, and the successor entity shall become the Managing Entity. As
Owner and Developer sell off tracts,the Managing Entity shall provide written notice to County that
includes an acknowledgement of the commitments required by the PUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing Entity, but the
Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is
closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of
PUD commitments.
2. MISCELLANEOUS
a. All other applicable state or federal permits must be obtained before commencement of
the development.
b. Pursuant to Section 125.022(5) F. S., Issuance of a development permit by a county does
not in any way create any rights on the part of the applicant to obtain a permit from a state
or federal agency and does not create any liability on the part of the county for issuance of
the permit if the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a violation of state
or federal law.
3. TRANSPORTATION
a. The maximum total daily trip generation for the PUD shall not exceed 225 two-way PM peak
hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at
the time of application for SDP or subdivision plat approval.
b. Vehicular and pedestrian interconnection will be provided to the east to allow private
access to the Allura RPUD, consistent with the conceptual PUD Master Plan, Exhibit C. The
final location of the access point will be coordinated with the adjacent property owner and
a cross-access easement will be provided at time of the first Site Development Plan or Plat.
The connection and supporting infrastructure will be constructed to the property line by
the developer or successors or assigns prior to the first Certificate of Occupancy.
c. If the PUD utilizes county right-of-way for any turn lane or access improvement, then the
owner shall convey to the County, at no cost to County and free and clear of all liens and
encumbrances,the additional road right-of-way by easement equal to the size of the right-
of-way utilized by the PUD.The conveyance shall be completed at time of SDP or plat.
Livingston Veterans CPUD, PL20220003226 Last Revised 3/11/2024 Page 8 of 9
4. ENVIRONMENTAL
a. The CPUD shall be required to preserve 10% of native vegetation. 4.44± acres of native
vegetation exists on-site requiring a minimum preservation of 0.44± acres (4.44 x .10 =
0.44). A minimum of 0.44± acres of native vegetation shall be mitigated off-site in
accordance with LDC Section 3.05.07.H.1.f.
b. Off-site preservation mitigation shall be satisfied through monetary payment to Collier
County. Funds shall be used by the County for the purchase and management of off-site
conservation lands within the county.The monetary payment amount shall be based on the
post development appraisal value per acre multiplied by 0.44-acres of required preserve,
then multiplied by 1.25 to establish the endowment amount. The appraisal shall be
performed by a state certified appraiser. In addition, the fee for initial exotic vegetation
removal shall be paid by the applicant as established in the Parks and Recreation Division
Fee Schedule.
c. The monetary payment for off-site preservation mitigation and exotic removal fees shall be
made prior to the preconstruction meeting for the Site Development Plan or final plat
construction plans, whichever occurs first.
5. SPECIAL CONDITIONS
a. No adult orientated sales are permitted.
b. Outdoor amplified sound shall be limited to areas abutting Livingston Road and/or Veterans
Memorial Boulevard. There will be no outdoor amplified sound between the hours of 10
p.m. and 8 a.m. weekdays and 11 p.m. and 8 a.m. on weekends.
c. All pole lighting shall be limited to flat full cutoff shields.
d. All indoor self-storage shall be subject to architectural standards of LDC Section 5.05.08 and
shall have comparable design features with office uses.Overhead doors are prohibited from
directly facing public rights-of-way or adjacent residential zoning districts.
e. Carwashes shall provide enhanced landscape buffers adjacent to residential uses,
consistent with buffer requirements of LDC Section 5.05.05.D.2.
Livingston Veterans CPUD, PL20220003226 Last Revised 3/11/2024 Page 9 of 9
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
April 26, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-21, which was filed in this office on April 26, 2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270