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Ordinance 2008-34 \_.. ",.) ORDINANCE NO. 08-~ :",) ; .1 ~ AN ORDINANCE OF THE BOARD OF COUNTY.' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-75, THE HIWASSE PLANNED UNIT DEVELOpMENT (PUD), BY PROVIDING FOR: SECTION I, AMENDMENTS TO COVER PAGE; SECTION II, AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE; SECTION III, AMENDMENT TO PROPERTY OWNERSHIP. SECTION; SECTION IV, AMENDMENTS TO LANDSCAPING SECTION; SECTION V, AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION; SECTION VI, AMENDMENTS TO DEVELOPMENT STANDARDS SECTION; SECTION VII, AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION; SECTION VIII, AMENDMENTS TO WATER MANAGEMENT REQUIREMENTS SECTION; SECTION IX, AMENDMENT ADDING A DEVIATIONS SECTION; SECTION X, AMENDMENT TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE FROM THE PUD DOCUMENT TO LEAVE ONLY THE GENERAL CITATION TO THE LAND DEVELOPMENT CODE; SECTION XI, AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN; SECTION XII, AMENDMENT TO EXHIBIT C, CROSS SECTION STUDY ALSO REFERRED TO AS LANDSCAPE DETAIL AND VIEW ELEVATION; SECTION XIII, AMENDMENT ADDING EXHIBIT D, ENTITLED "ARCHITECTURAL SCHEMATIC"; AND SECTION XIV, EFFECTIVE DATE. WHEREAS, on November 16, 2004, the Board of County Commissioners approved Ordinance Number 04-75, which established the Hiwasse Planned Unit Development (PUD) Zoning District; and WHEREAS, Livingston Professional Center, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., petitioned the Board of County Commissioners to amend the Hiwasse Planned Unit Development (Ordinance Number 04-75). Page 1 of 8 Words underlined are additions; words struck through are deletions. Revised 7/1108 nmtf>' NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I: AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 04-75, THE HIW ASSE PUD The Cover Page, previously attached to this Ordinance as Exhibit "A" to Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: HIW ASSE A Planned Unit Development PREPARED BY: ROBERT L. DUANE, A.LC.P. HOLE MONTES, INe. 950 ENCORE WAY NAPLES, FLORIDA 34110 RICHARD YOV ANOVICH, ESQ. GOODMAN, COLEMAN & JOHNSON 4001 TAMIAMITRAIL N., STE. 300 NAPLES, FLORIDA 34103 HM Project 2001076 NOVEMBER, 2002 REVISED JUNE 2008 Date Reviewed by CCPC: Date Approved by BCC: ~ '2.4- I '200~ Ordinance No. 2to'is- 2>4 Amendments & Repeals ~ EXHIBIT "A" SECTION II: AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE OF ORDINANCE NUMBER 04-75, THE HIW ASSE PUD The Table of Contents/Exhibits Page of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: Page 2 of 8 IrrrY>>- TABLE OF CONTENTS Page SECTION I Statement of Compliance.. ..... .................... ........ ... ..... .............. ............ ......... 3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control............... .........................................................4 SECTION III Statement of Intent and Project Description................................................. 5 SECTION IV General Development Regulations ............................................................... 6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development............................................................................................... 13 SECTION VI Development Commitments ....................................................................... 15 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description Exhibit C - Landscape Detail afld & View Elevation I Cross Section Study Exhibit D - Architectural Schematic SECTION III: AMENDMENT TO PROPERTY OWNERSHIP SECTION OF ORDINANCE NUMBER 04-75, THEHIWASSEPUD Section 2.1, entitled "Property Ownership" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: 2.1 PROPERTY OWNERSHIP The property is owned by Hiwasse IRe. Livingston Professional Center. LLC. SECTION IV: AMENDMENTS TO LANDSCAPING SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Page 3 of 8 Words underlined are additions; words struelc tHrouga are deletions. Revised 711/08 ~ Section 4.14, entitled "Landscaping" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of DivisisH 2.~ of the Collier County Land Development Code. However, an enhanced Type "B" buffer will be provided along the eastefH western edge of the FPL Easement Area subject to Hteir FPL approval. A cross:section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from l'bP FPL, stating that the enhanced "B" Buffer area meets with their approval.c An enhanced Tvpe B landscaped buffer shall be provided along Livingston Road for the indoor self-storage building constructed in excess of 150 feet in length in a north-south direction as provided in Paragraph 4.17.C. These enhancements shall include trees placed on 20-foot centers with a double staggered row of palm trees or similar tree types approved bv County Planning Staff, 12 and 16 feet in height. to be planted within the 25-foot wide combined buffer and foundation planting area for the full length of the building. (See also Section 4.17.) SECTION V: AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION OF ORDINANCE NUMBER 04-75, THE HIW ASSE PUD Section 4.17 entitled, "Architectural and Site Design Standards" of Ordinance Number 04- 75, the Hiwasse PUD, is hereby amended to read as follows: 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS C. Building Design Requirements ******** In addition to the Collier County Land Development Code Di'/isioH 2.8 requirements, the following is required: I. Overall building dimension for office and similar uses shall not exceed 150 feet in either direction. 2. Indoor self-storage building dimensions shall not exceed 150 feet in either direction, except that one self-storage building will be allowed with a maximum north-south dimension of 270 feet. If a self-storage building greater than 150 feet in length in a north- Page 4 of 8 Words underlined are additions; words struck tHrougH are deletions. Revised 711/08 ~ south direction is constructed, it shall be the only self-storage building permitted for the pUD and will be accompanied by the following: ill A combined (right-of-way and building foundation buffer) 25 foot wide buffer which includes a 15 foot wide Type B landscape buffer along Livingston Road and the building foundation plantings for the full length of the building. The buffer and building foundation landscaping may be divided to accommodate the project's drainage outfall pipe located between the building and Livingston Road. hl A projection one story in height on the southern facade of the building facing Eatonwood Lane such as but not limited to a covered entrance as depicted on Exhibit 0 that will not affect the maximum 270 foot allowable building length. fl A minimum 50 foot front yard setback from the south property line (abutting Eatonwood Lane). 2-,J.The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with surrounding developments. SECTION VI: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION OF ORDINANCE NUMBER 04-75, THE HIW ASSE pUD Section 5.5 entitled, "Development Standards" of Ordinance Number 04-75, the Hiwasse pUD, is hereby amended to read as follows: 5.5 DEVELOPMENT STANDARDS I. Use of FpL Easement Area - Open space, storm water management, afld landscaping buffer. existing FpL access road, bike oath. sidewalk, fire truck access. a portion of the project access road, electric lines with appurtenances, and underground utilities lanascllj'le BufferiHg shall be the only allowed uses permitted in the FpL Easement Area. K. Depository Institutions are limited to the northern portion of the pUD only. ,-tlREi may snl)' Be developed at SHca time as a traffic signal aas been iHstalled at tae intersectisn sf LaCosta Road aRd LiviHgston Road. Page 5 of8 Words underlined are additions; words struck tarsuga are deletions. Revised 711108 -1WlrP'"" SECTION VII: AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION OF ORDINANCE NUMBER 04-75, THE HIW ASSE pUD Section 6.2, "Transportation Requirements" of Ordinance Number 04-75, the Hiwasse pUD, is hereby amended to read as follows: E. Shared access is permitted north of the subject property on County- owned property as depicted on the pUD Master Plan,~ The access shall be designed to Collier County standards and shall be subiect to final aporoval by the Collier County Transportation Division. The developer shall be responsible for construction and maintenance of the access road. drainage facilities, landscaping and other related improvements. In the event that the Related Group pUD will not share in the cost of proposed improvements. access shall not be shared. sul3jeet to an access agreemeHt with the prellert)' OWHer to tile north. If aH aeeess agreement f{)r saared aeeess eaHHot Be reaeaed, taen oHly a rigllt iH rigat out aceess is permitteE! from LiviHgstoH Road at an access peiHt depieted OH tae PUD Master PlaH souta of the saared aeeess area. The access shall also include shared access with the LaCosta Apartments to the west. F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at eitflef the permitted access location, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of- Way Manual and Ordinance 82-91. A non-exclusive five-foot wide roadway easement shall be provided for the length of the turn lane. G. The developer, or its successors in interest, shall construct a 10 foot wide bike oath/sidewalk along the existing FPL service road upon request by the County. The location of the bike path/sidewalk shall be consistent with the alignments for the County's proposed bike path/sidewalk system. If FpL does not give its oermission to locate the sidewalk/bike path within its easement, the developer. or its successors in interest. shall construct the 6 foot wide sidewalk/bike path along Livingston Road. SECTION VIII: AMENDMENTS TO WATER MANAGEMENT REQUIRMENTS SECTION TO ORDINANCE NUMBER 04-75, THE HIW ASSE pUD Section 6.5, Water Management Requirements, of Ordinance Number 04-75, the Hiwasse Page 6 of 8 Words underlined are additions: words stmelc tarauga are deletions. Revised 711108 ~ PUD, is hereby amended to add a new paragraph to read as follows: D. The developer shall accommodate the stormwater run-off from Eatonwood Lane should there be no drainage easement oresently in place to accommodate said runoff. SECTION IX: AMENDMENT ADDING A DEVIATION SECTION TO ORDINANCE NUMBER 04-75, THE HIW ASSE PUD Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to add a section entitled "Deviations" to read as follows: 7. DEVIATIONS A deviation from Subsection 6.06.02.A.1 of the LDC to allow improvements to the existing FPL service road by constructing a 10 foot wide bike path/sidewalk meeting County standards. or a 6 foot wide sidewalk and bike oath along Livingston Road. SECTION X: AMENDMENTS TO ORDINANCE NUMBER 04-75, THE HIWASSE PUD, TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE THROUGHOUT THE PUD DOCUMENT All sections and subsections of Ordinance Number 04-75, the Hiwasse PUD, are hereby arnended to remove any and all references to specific numeric and lettered citations to specific sections and subsections of the Land Development Code to leave only general references to the Land Development Code throughout the PUD document. SECTION XI: AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN The "PUD Master Plan," Exhibit "A" of Ordinance Number 04-75, the Hiwasse PUD is hereby replaced with a new PUD Master Plan, attached hereto and incorporated by reference herein. Page 7 of 8 Words underlined are additions; words struck threuga are deletions. Revised 7/1108 ~ SECTION XII: AMENDMENT TO EXHIBIT C, CROSS-SECTION STUDY ALSO KNOWN AS LANDSCAPE DETAIL AND VIEW ELEVATION Exhibit "C," "Cross Section Study," also referred to as "Landscape Detail and View Elevation" of Ordinance Number 04-75, the Hiwassee pUD, is hereby replaced with a new Exhibit "C" entitled "Landscape Detail & View Elevation / Cross Section Study", attached hereto and incorporated by reference herein. SECTION XIII: AMENDMENT TO ADD A NEW EXHIBIT ENTITLED "ARCHITECTURAL SCHEMATIC" TO THE EXHIBITS ATTACHED TO THE pUD DOCUMENT Ordinance Number 04-75, the Hiwasse pUD, is hereby amended to add a new Exhibit D entitled "Architectural Schematic," attached hereto and incorporated by reference herein. SECTION XIV: EFFECTIVE DATE 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 Commissioners of Collier County, Florida, this 24th day of June, 2008. .;~"", . :; ..\ t 1;.'0 ATTEST: .."", .)~ DWIGH1:,"E. ~ROCI{. Cd~.RK , ',' ". 'i ~.,! BOARD OF COUNTY COMMISSIONERS COLLIE!NTY, E RIDA. By: ~ '81-- TOM HENNING, CHAIRMA By: Attest IS to(~1...~ s1gnlturt 0111, . '"'".' Approved as to form and legal sufficiency: This ordinonc....:'....,< n..<'~"-\ ~f\:~ Sec~tory of S:,lll"~; \'. '; k.: "I .. ~ day of Jtll~, ~ and acknowledgement .Rf thdt filin received this ~ day of ~m.~~ Marjorie . Student-Stirling r .0 Assistant County Attorney Page 8 of 8 Words underlined are additions; words stmelc threuga are deletions. Revised 711108 ~ " , ~J ~ i I ill I .. II : i \ \ , " (___' I \ \ .1=.,1.: j \\ n'lu1 L,: - \\ !I \\ , " ll.n__ J - \ \ .=~::::,::"\,J 'j::I('::"C ;-" " \ \' .j. I~,(// ',--/" I \ I. ,/,' , . , . I' . j. i/.'/ . . l' : i 1.//" I/. i! 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EXHIBIT "B" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 soum, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00"15'37"E., ALONG THE EAST LINE OF TIlE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOlITHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTIlEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89'23'53"W. ALONG THE SOUTII LINE OF THE NORTHEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHWAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; TIfENCE RUN S.OO'15'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE soum LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.OO'09'47"E., PARALLEL WITH THE EAST LINE OF THE SOlITHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE. A 130.33 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNTON PARK PHASE THREE-B ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TIIENCE RUN S.89'50'13"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE TIlREE-B, FOR A DISTANCE OF 390.00 FEET; TIlENCE RUN N.00'09'47'W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTIlEAST QUARTER OF SAID SECTION 13; TIlENCE RUN N. 00)15'37"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE-B. FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSIGNTON PARK PHASE TIIREE-B; THENCE CONTINUE N.00'15'37"E., ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.89'23'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEASTER QUARTER OF SAID SECfION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING; CONTAINING 12.515 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRUCTION OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECfION 13. TOWNSHIP 49 SOlITH, RNAAGE 25 EAST, LEE COUNTY, FLORIDA AS BEING S.00'15'39"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 W:11001110010761MJRIEXHIBIT B LEGAL DESCRIPTION.doc --.---,-------......,..-- ,-------~~-------------- . ---------~ ovoF N01S5iiiIl\Il~-=-----_.-/ 7 c::..-= =- -==-=- -:::::.. -== = = = < - = = = =-_-_-_-=--_ --=.: -cD= =-== '::l c: = --[1:---:--' ---. - [I: (- w 'Jr.~ 'in wO [3 ~ "' ~O l ~~ "< ----- ~ . ---- :or w - . ... >- . 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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 2008-34 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of July, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissionel:'iJ' .", By: Martha Deputy