Ordinance 99-18 ORDINANCE NO. 99-18
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102~HE
I~%%% COLLIER COUNTY LAND DEVELOPMENT CODE WHICH '~'['
THE COMPREHENSIVE ZONING REGULATIONS ~
%%~!~%D INCLUDES
%\%~ THE UNINCORPORATED AREA OF COLLIER COUNTY, FLO~,~
~%~ BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBE~'~"~
8630N; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAE~,
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS LIVINGSTON LAKES FOR A MAXIMUM OF 327
MULTI-FAMILY DWELLING UNITS, LOCATED ON THE
PROPOSED LIVINGSTON ROAD BETWEEN VANDERBILT BEACH
ROAD AND IMMOKALEE ROAD (C.R. 846) IN SECTION 30,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 46.73+ ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of McAnly Engineering & Design, Ihc.,
representing Section Thirty Corporation, L.L.C., 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:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 30, Township 48 South, Range 26 East,
Collier County, Florida, is changed from ~A" Rural Agriculture to
"PUD" Planned Unit Development in accordance with the Livingston
Lakes PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map
Number 8630N, as described in Ordinance Number 91-102, the
Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, thisO.~rp= day of ~r~ ,
1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.... ~ ....~ '~!'j 'Y/' amela S.M
· . P . ' woman
Marj ~ie M. Student
Assistant County Attorney
g/PUD-98-18 ORDINANCE/
-2-
LIVINGSTON LAKES
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING LIVINGSTON LAKES,
A PLANNED UNIT DEVELOPMENT PURSUANT TO .
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
SECTION THIRTY CORPORATION L.L.C.
c/o 600 FIFTH AVENUE SOUTH, SUITE 207
NAPLES, FLORIDA 34102
PREPARED BY:
McANLY ENGINEERING AND DESIGN, INC.
5101 EAST TAMIAMI TRAIL, STE. 202
NAPLES, FLORIDA 34113
DATE REVIEWED BY CCPC 2/4/99
DATE APPROVED BY BCC 2/23/99
ORDINANCE NUMBER 99-18
AMENDMENTS AND REPEAL
Exhibit "A"
TABLE OF CONTENTS
List of Exhibits and Tables i
Statement of Compliance ii
Sectidn I Legal Description, Property Ownership and General Description I-1
Section II Project Development II-1
Section III Residential Development Standarits . III- 1
Section IV Preserve Area IV-1
Section V Development Commitments V-1
LIST OF EXHIBITS AND TABLES
EXHIBIT A PUD MASTER PLAN
STATEMENT OF COMPLIANCE
"" The development of approximately 46.73 acres of property in Collier County as a Planned Unit
Development to be known as Livingston Lakes will be in compliance with the goals, objectives and
policies of Collier County as set forth in the Growth Management Plan. The residential and
recreational facilities of Livingston Lakes PUD are consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the elements
of the Growth Management Plan for the following reasons:
1. The subject property for development is within the Urban Mixed Use District/Urban
Residential Subdistrict as identified on the Future Land Use Map as provided for in
Objective 1 of the Future Land Use Element .(FLUE), and the uses contemplated are
consistent therewith.
2. The project is a proposed to be a multi-family residential development located less than one
mile fi'om, a designated Interchange Activity Center (Activity Center # 4). The Density
Rating System of the FLUE provides for a 3 dwelling unit per gross acre density bonus
when a proposed project is within one mile of an Activity Center. This density bonus of 3
dwellirig units per gross acre added to the base density of 4 dwelling units per gross acre
provides for a gross project density of 7 dwelling units per acre. The proposed density of
Livingston Lakes PUD is 6.99 units per gross acre, which is less than what is provided for
by the FLUE Density Rating System, and is therefore consistent with the Future Land Use
Element, Policy 5.1. of the Collier County Growth Management Plan.
3. The development will be compatible with and complementary to existing and pined
surrounding land uses.
4. The development of Livingston Lakes PUD will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1 .H and L of the
Future Land Use Element.
5. Livingston Lakes PUD is consistent with and furthers Policy 5.5 of the Future Land Use
Element in that it is using existing land zoned for urban uses.
6. Livingston Lakes PUD implements Policy 5.6 of the Future Land Use Element in that more
than 60% of the project will be open space or reserved for conservation purposes.
7. The Mastei' Development Plan, with its'extensive natural area, lakes and open space areas,
and with its moderate residential density, will insure that the developed project will be an
attractive and enjoyable multi-family residential development.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the 16cation and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of Livingston Lakes PUD.
1.2 LEGAL DESCRIPTION
A parcel of land lying in the northeast quarter of Section 30, Township 48 South, Range 26
East, 'Collier County, Florida, and more particularly described as follows:
The West Half of the Southeast Quarter of the Northwest Quarter of Section 30;
and,
The East Half of the Southwest Quarter of the Northwest Quarter of Section 30;
and,
The South half of the South Half of the Northwest quarter of the Southwest Quarter
of the Northwest Quarter of Section 30;
and,~
The l{lorthwest Quarter of the Southwest Quarter of the Southwest Quarter of the
Nortliwest Quarter of Section 30;
and, '.
The North Half of the Northeast Quarter of the Southwest Quarter of the Southwest
Quarter of the Northwest Quarter of Section 30.
Said parcel comaining 46.73 acres, more or less, subject to easements, restrictions,
and reservations of record.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Section Thirty Corporation L.L.C., a Nevis Corporation.
1.4 PHYSICAL DESCRIPTION
The development property is located in the north half of Section 30, Township 48 South,
Range 26 East. The proposed project site is presently undeveloped, but has been
historically timbered and utiliT. ed for cattle grazing. Portions of the property have been
subjected to wildfire, and the majority of the property's jurisdictional wetlands have been
extensively infested with the exotic species Melaleuca. The property is generally without
topographic relief, with elevations ranging fxom 8.2' to 10.8' above mean sea level. The
site contains extensive areas of jurisdictional wetlands which are characterized as
-"- transitional wetlands in which the predominant 'vegetation is Melaleuca, with a mix of pine
and cypress and associated upland and wetland plants. The water rnanagemeut system
consists of approximatelyl0.3 acres of upland and wetland preserve and 12.6 + acres of
open space which will receive runoff ~'om the buildings and parking areas. Runoff is
collected by catch basins and culvert systems for conveyance to the lakes. The lakes are
interconnected by culverts and/or the preserve areas. The project is designed with zero
discharge2"
I-1
1.5 PROJECT DESCRIPTION
The Livingston Lakes PUD shall be a multi-family residential development centered around
a water management lake system. The amenities proposed to be provided in the project
include structures and areas to provide social and recreational space, lakes, natural and
"'- landscaped. open spaces,. and a variety of passive and active recreational opportunities.
Access to the property will be ~om the proposed Livingston Road. The segment of
Livingston Road between Vanderbilt Beach Road and Immokalee Road is planned to be
improved with a four lane divided roadway programmed to be completed in 2003 (Capital
Road Project #57). The timing of the completion of that segment of Livingston Road will
coincide with the anticipated completion of the required permitting processes necessary for
Livingston Lakes PUD to commence construction. Should however, the developer
accelerate the permitting of the project, or programming for construction of that segment of
Livingston Road be postponed, the developer reserves the right to construct a northerly
1800-2000 foot length of two-lane roadway, consistent with the County's design criteria for
such a .collector roadway, including road, water, sewer and drainage facilities. Should this
option actually be pursued, the developer will pursue impact fee credits as provided for in
Collier County Ordinances 92-22, and 98-69.
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electride power, and telephone. Additional services will be provided as deemed appropriate.
The controlled perimeter of the water management system will be maintained at an elevation
of 13.40' NGVD to detain all surface runoff on-site. This is based on the 25-year, 3-day
flood elevation with zero discharge of 13.36' NGVD. The 100-year, 3-day storm elevation
was determined to be 13.68' NGVD with zero discharge. All habitable dwelling structures
will have proposed finished floor elevations at or above 13.70' NGVD.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Livingston Lakes Planned Unit
Development Ordinance".
I-2
SECTION H
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
Livingston Lakes PUD development, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of Livingston Lakes PUD shall be in accordance' with
the contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and
Growth Management Plan in effect at the time of building permit application.
Where these regulations fail to provide developmental standards, then the provisions
of the most similar district in the County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of Livingston Lakes PUD shall become part of the regulations
which govern the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of other sections
of the Land Development Code, where applicable, remain in full force and effect
with respect to the development of the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities, of the County Land Development Code, at the earliest or next to occur of
either Final Site Development Plan, Final Plat approval, or building permit issuance
applicable to this development.
F. The County plans a regional park along the south boundary of the Livingston Lakes
PUD.
2.5 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and use of land is iljustrated
graphically by Exhibit "A", PUD Master Plan.
TABLE I
PROJECT LAND USE TRACTS
TYPE UNITS/SQ. FT. ACREAGE+
TRACT "R" RE SIDENTIAL 327 36.4
TRACT "P" PRESERVE 0 10.3
II-1
B. Areas iljustrated as lakes by Exhibit "A" shah be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water 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 "A". Minor modification to all tracts, lakes or
other boundaries may be permitted at the time of Final Plat or Site Development
Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5.
respectively, of the Collier County Land Development Code, or as otherwise
permitted by this PUD document.
C. · In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within or
along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 327 residential dwelling units may be constructed in the total project area.
The gross project area is approximately 46.73 acres. The gross project density, therefore,
will be a maximum of 6.99 dwelling units per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
Given'that Livingston Lakes PUD is proposed to be developed with multi-family dwelling
structures, 'subdivision is not anticipated, nor required based on the present development
intent. Should the development intent change such that subdivision procedures are required
pursuant to the Collier County Land Development Code (LDC), the provisions of Division
3.2. of the LDC shall apply.
A. Prior to Final Local Development Order issuance for all or part of the PUD, final
plans of all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the PUD Master Plan and
· . the Collier County Land Development Code.
B. Exhibit "A" , PUD Master Plan, constitutes the required PUD Development Plan.
Any division of property and the development of the land shall be in compliance
with Division 3.2 of the Collier County Land Development Code, and the platting
laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
· development order.
D. Appropriate instruments will be provided at the time of infi'astructural improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities.
~-, 2.6 LAKE SETBACK AND EXCAVATIONS
The lake setback requirements described in Section 3.5.7.1 of the Land Development Code
may be reduced with the administrative approval of the Collier County Community
Development and Environmental Services Admims'trator, or his designee. Lakes may be
excavated to the maximum commercial excavation depth set forth in Section 3.5.7.3.1. of
the Land Development Code, however, removal of fill ~'om Livingston Lakes PUD shall be
limited to an mount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the
total volume excavated unless a commercial excavation permit is received.
II -2
2.7 USE OF DRIVEWAYS
All internal vehicular accessways as shown on Exhibit "A", PUD Master Plan, shall be
considered driveways, and shall be private.
2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master
Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County
Land Development Code. Minor changes and refinements as described in Section 7.3.C. of
this PUD document may be made in connection with any type of development or permit
application required by the Collier County Land Development Code.
2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shall be provided for water management areas, rights-of-way, utilities and.other
purposes as required. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time of adoption of this Ordinance
establishing Livingston Lakes PUD.
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 residential units or real property within Livingston Lakes PUD, the developer
shall provide appropriate legal instruments for the establishment of a Property Owners'
Association, or Master Condominium Association, whose function shall include provision
for the perpetual care and maintenance of all common facilities and open space, subject
fi~rther to the provisions of Section 2.2.20.3.8. of the Collier County Land Development
Code.
2.10 MODEL AND SALES FACILITIES
Modeis, sales/rental centers and other uses and structures related to the promotion and sale
and/or rental of real estate such as, but not limited to, pavilions, viewing platforms,
gazebos, parking areas, and signs, shall be permitted principal uses throughout the
Livingston Lakes PUD subject to the requirements of Division 2.4, Division 2.5, and
Section 2.6.33.4. of the Collier County Land Development Code.
2.11 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Livingston Lakes PUD.
Fill material generated may be stockpiled within areas designated for residential
development. Prior to stockpiling in these locations, a Letter of Notification along with
plans showing the locations and cross-sections shall be submitted to Collier County
Engineering Review Services for review and approval. The following standards shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: thirty-five (35) feet
C Fill storage areas shall be screened with a security fence at least six (6) feet in height
above ground level If fill is spread to a height less than four feet over residential
development areas which are depicted on an approved Site Development Plan, no
fencing is required.
II-3 ~
D. 'Soil erosion control shall be provided in'accordance with Division 3.7 of the Land
Development Code, and stockpiling retained for periods greater than 90 days be
seeded with grass. If fill is spread to a height less than four feet over residential
development areas which are depicted on an approved Site Development Plan,
erosion control is required, but no seeding with grass is required.
E. 'Fill storage shall not be permitted in Preserve Areas.
2.12 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within Livingston Lakes PUD requires a permit from a
local, State, or Federal agency with jurisdiction over the property proposed for
development, the developer shall obtain such permits prior to final development order
approval.
2.13 NATIVE VEGETATION RETENTION REQUIREMENTS .
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Collier .County Growth Management Plan, a minimum of 10.3 acres (25% of the viable,
naturally functioning native vegetation on site) is'required to be retained.
2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD
Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a
part of the Land Development Code, and shall be the standards of development for the
PUD. Thenceforth, development in the area delineated as the PUD District on the Official
Zoning Atlas will be governed by the adopted development regulations and PUD Master
Plan.
II-4
SECTION III
RESIDENTIAL DEVELOPMENT
3.1 PURPOSE
The purpose of this Section is to identify dpecific development standards for areas
designated as Tract "PC' on the PUD Master Plan, Exhibit "A".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the PUD shall be
established at the time of development plan review, but shall not exceed 327 dwelling units.
3.3 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:
A. Principal Uses:
1) Multi-family dwellings.
2) Model units (See Section 2.10 of this PUD Document).
B. Accessory Uses:
1 ) Customary accessory uses and structures including but not limited to private
garages, tennis facilities, and swimming pools with or without screened
enclosures.
'2) Structures which house social, recreational, project marketing,
administrative, or security facilities.
3) Small docks, piers or other such facilities constructed for purposes of lake
recreation, for residents of the project.
4) Utility facilities and/or easemems (including rights-of-way easements).
5) Signage (see Section 5..11 of this document).
6) Water managemere facilities/lakes.
7) Project sales/remal and administrative offices, which may occur in a
residential or recreational buildir/g and/or in a temporary building until such
time as permanent structures are available.
III-1
3.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to the PUD property boundaries, individual parcel
.-- boundary lines, or between structures. Condominium/homeowners' association
boundaries shah not be utiliTed for determining developmere standards.
B. MINIMUM LOT AREA: One acre.
C. AVERAGE LOT WIDTH: 150 feet.
D. MINIMUM YARDS (Principal Structures):
Front Yard: 35 feet.
Side Yard: 15 feet.
Rear Yard: 30 feet. '
Minimum Distance Between Structures: 15 feet, or one-half of the sum of the
heights of adjacent buildings, measured from exterior walls, whichever is
greater.
E. MINIMUM YARDS (Accessory Streetties):
Front Yard: Same as principal structure.
Side Yard: Same as principal structure.
Rear Yard: Detached: 20 feet.
Attached: 10 feet, or where adjacent to a lake, 0 feet from the lake
control elevation.
Minimum Distance Between Structures: 10 feet. Parking garages and\or
carports must maintain a minimum distance of 10 feet from principal structures,
when not attached to the principal structure.
F. MINIMUM FLOOR AREA: 750 square feet.
G. OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
H. MAXIMUM HEIGHT: 3 habitable stories above the minimum flood elevation.
1) Accessory Structures: 35 feet, or 2 stories, whichever is greater, above the
minimum flood elevation, except for attached screen enclosures, which
may be the height of the principal structure.
3.4 BUFFER DEVELOPMENT REGULATIONS
A. Buffer Types:
1) Land use buffers shah be easements, generally located along the projeet's
perimeter, intended to protect residential land uses from possible impacts from
adjacem off-site roadways and/or off-site land uses. Land use buffers may also
be utiliT. ed within the project boundaries, at the discretion of the developer.
Land use buffers may be landscape buffers and, or earthen berms and/or
fences/walls.
111-2 -.
2) Landscape buffer; existing native plant types may be utilized and/or;
3) Earthen berms and/or;
_.- 4) Fences/walls: 8 foot maximum height.
B. Buffer Development Standards:
In addition to the development standards set forth below, the provisions of Section
5.11 of this document shall also apply.
1) Land use buffers, berms, fences and walls may be constructed along the
perimeter of the Livingston Lakes PUD boundary prior to Subdivision Platting
(if required), and Site Development Plan submittal. All such areas must be
included in a landscape or buffer easement.
2) All other project property boundaries shall have land use buffer widths in
compliance with Division 2.4 from Collier County's Land Development Code.
3) Except as provided for above, and in Section 5.11 of this document, buffer
improvements shall be in conformante with Division 2.4 from Collier County's
Land Development Code.
4) Types and numbers of plantings for project perimeter land use buffers shall be
submitted with Site Development Plan application(s). Plans shah depict how the
perimeter land use buffers will be irrigated.
III-3
SECTION IV
PRESERVE AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and
purpose of this Tract is to preserve and protect vegetation and naturally functioning
habitats, such as wetlands, in their natural state.
4.2 USES PERMITTED '
No building or structure or part thereof, shah 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:
A. Principal Uses:
1 ) Open spaces/Nature preserves.
2) Water management facilities.
3) Mitigation areas.
4) Hiking trails, boardwalks, shelters, or other such facilities constructed for the
purposes of passage through or enjoyment of the site's natural attributes,
subject to appropriate approval by permitting agencies.
IV-1
SECTION V
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 shah be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans (if required), and all applicable State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated otherwise, the
standards and specifications of the Land Development Code of Division 3.2 shall apply to
this project even if the land within the PUD is not to be platted. The developer, his
successor and assigns shall be responsible for the commitments outlined in this document.
The developer, his successor or assignee, shall follow the Master Development Plan and the
regulations of the PUD 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 to
the developer is bound by any commitments within this, agreement. These commitments
may be assigned or delegated to a condominiurn/homeowners' association to be created by
the Developer. Upon assignment or delegation, the Developer shall be released from
responsibility for the commitments.
5.3 PUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Land Development
Code, 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 services and all common areas in the
project.
C. The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the
Livingston Lakes PUD Master Plan upon written 'request of the developer.
1) The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County Growth Management Plan and the Livingston Lakes PUD
document.
b. The minor change or refinement shah not constitute a substantial change
pursuant to Subsection 2.7.3.5.1. of the Collier County Land
Development Code.
.V-1
c. The minor change or refinement shah be compatible with adjacent land
uses, and shah not create detrimental impacts to abutting land uses,
water management facilities, and Preserve Areas within, or external to
the PUD boundaries.
2) The following shall be considered minor changes or refinements, subject to
the limitations of Subsection 7.3 .C. 1 ) of this document:
a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review and
permitting. There may be no overall decrease in Preserve Area.
b. Recon~guration of lakes or other water management facilities where
such changes are consistent with the criteria of the South Florida Water
Management District and Collier County.
c. Internal realignment of driveways.
d. Recon~guration of residential parcels when there is no proposed
encroachment into Preserve Areas.
3) Minor changes and refinements, as described above, shah be reviewed by
appropriate County staff to ensure compliance with all applicable County
Ordinances and regulations prior to the Administrator's consideration for
approval.
4) Approval by the Administrator oi~ a minor change or refinement may occur
independently from and prior to any application for Subdivision (if required),
or Site Development Plan approval, however, the Administrator, or his
designee's approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining aH
applicable .County permits and approvals.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
B. An annual PUD monitoring report shah be submitted pursuant to Section 2.7.3.6 of
the Land Development Code.
5.5 TRANSPORTATION
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A.' A gatehouse/limited access facility shall be permitted within the project's main
entrance areas, but shah not be located so as to impede traffic flow on Livingston
Road, nor shah such facilities be located within the Livingston Road Right-Of-Way.
B. All access points shall be consistent with the Collier County Access Management
Policy, Resolution 92-422.
V-2
C. Under the future four-lane condition, the developer shah be responsible for
i~roviding any required or necessary turn-lanes during the construction phase of the
development. All costs of providing the turn lane under the four-lane condition shah
be the sole responsibility of the developer.
D. Presently, the segment of Livingston Road between Vanderbilt Beach Road and
Immokalee Road (C.R. 846), does not exist at the time of this PUD rezoning, but is
programmed to be constructed as a four-lane arterial roadway in the year 2002, with
completion in 20031. The present programmed improvement of that segment of
Livingston Road is within the time-frame necessary to obtain all required permits to
construct the proposed development. However, should the programming of the
.' construction of that segment of Livingston Road be delayed, or the developer is able
to accelerate the permitting process, the developer reserves the right to construct
1800-2000 feet of the northbound two-lane roadway from Immokalee Road south
to the project entrance. Such roadway would be designed and constructed in
accordance with County standards and approved by the Public Works Engineering
Department for paving, potable water conveyance, sanitary sewer conveyance, and
· drainage, and would be dedicated to Collier County. For the developer's
improvement of that segment of Livingston Road, the developer may be entitled to
impact fee credits as provided for in Collier County Ordinances 92-22, and 98-69.
E. The applicant shall be responsible for the installation of arterial level lighting at all
project entrances prior to issuance of the first "permanent" Certificate of
Occupancy.
F. Project entrances shall be designed to preclude the backing-up of entering vehicles
onto Livingston Road. If access is to be controlled by means of a gatehouse or
card-controlled gate, the gate or gatehouse shall be designed, located and operated
so not to permit such vehicular backup. The minimum throat length for vehicle
stacking shall be 100 feet.
5.6 WATER MANAGEMENT
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction permits shall be issued
unless and until approval of the proposed construction, in accordance with the
approved plans, is granted by Engineering Review Services.
B. An excavation permit will be required for the proposed lakes in accordance with the
Collier County Land Development Code and South Florida Water Management
District Rules.
5.7 UTILITIES
,----- The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 97-17, as amended, and other
applicable County rules and regulations..
V-3
Category A Road Project 57.
B. All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County in
accordance with the County's established rates.
5.8 ENVIRONMENTAL
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Current Planning Environmental Review Staff. Removal of exotic vegetation alone
shall not be the sole component of mitigation for impacts to Collier County
jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shall be recorded on the plat with
protective covenants per, or similar to, Section 704.06, Florida Statutes.
C. Buffers shall be provided around wetlands, where possible, extending at least fifteen
(15) feet landward from the edge of the wetland preserves in all places, and average
twenty-five (25) feet from the landward edge ofwetlands. Where natural buffers are
' not provided, structural buffers shall be provided in accordance with the State of
Florida Environmental Resource Permit Rules, and be subject to review and
approval by Current Planning Environmental Review Staff.
D. The petitioner shall comply with the gtiidelines and recommendations of the U.S.
Fish and Wildlife Service (USF&WS) and the Florida Game and Fresh Water Fish
:Commission (FGFWFC) regarding potential impacts to "listed species". Where
· protected species are observed on site, a Habitat Management Plan for those
protected species shah be submitted to Current Planning Environmental Staff for
review and approval prior to final site plan/construction plan approval.
E. An exotic vegetation removal, monitoring, and maintenance (exotic-fxee) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted to
Current Planning Environmental Review Staff for' review and approval prior to Final
Site Plan/Construction Plan approval. A commitment to scheduling of initial exotic
removal within all the preservation areas shall be a part of this plan.
F. The PUD shall be consistent with the environmental sections of the Collier County
Growth Management Plan, Conservation and Coastal Management Element and the
, Collier County Land Development Code in effect at the time of final development
order approval.
G. The PUD shall be consistent with the Environmental sections of the Collier County
Growth Management Plan Conservation' and Coastal Management Element, and the
Collier County Land Development Code at the time of final development order
approval.
H. At the time of the next development order submittal, the petitioner shall provide
copies of their SFWMD, ERP applications and proposed mitigation for loss of
'wetlands on site.'
I. The impacts to ihe SFWMD delineated wetlands on site shall be mitigated at a ratio
no less than 1 :l (acre for acre).
V-4
J. The EIS shah be re-written and submitted for review and approval, within 90 days
of the BCC approval, so that a complete and accurate EIS is on file with Collier
County Community Development and Environmental Services. A new red-
' cockaded woodpecker survey shall be conducted in accordance with the FGFWFC
andUSFWS guidelines, and submitted for review and approval, as an amendment to
~" the EIS. Technical assistance shall be requested from these agencies during the
review process. No further Collier County final development orders shall be
approved until a complete and sufficient EIS is reviewed and approved by County
Environmental Staff.
5.9 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure, except for a construction site office and model center.
5.10 SIGNS .
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code in effect at the time of Site Development Plan approval, with the following
exceptions:
A. . Project Promotion Signs - Two temporary ground or wall signs may be located
within the Livingston Road Right-Of-Way at its intersection with Immokalee Road
'(C.R. 846) for the purpose of promoting the development, subject to the following
requirements:
1) Any promotional signs shall not exceed 64 ~ square feet, excluding mounting
surfaces or structures.
2) No promotional sign shall exceed a height of 8 feet above the lowest centerline
of pavement in the Immokalee Road Right-Of-Way.
3) Promotional signs may be lighted, provided all lights are shielded in a manner
which prevents direct glare on Immokalee Road or adjacent roadways, or into
adjacent residences.
4) The two temporary ground or wall signs which are allowed within the
Livingston Road Right-Of-Way at the intersection with Immokalee Road shall
only be permitted in the event that the developer constructs the northerly 1800-
2000 lineal feet of Livingston Road, and there is no complete segment of
Livingston Road between Vanderbilt Beach Road and Immokalee Road. These
signs would permit exposure of the project on the dead-end Livingston Road
, segment. Said signage shall be located in an area of the Livingston Road Right-
Of-Way so as to not create a traffic safety problem, and shall be located in areas
that would not impair the construction of the balance of Livingston Road. Upon
completion of the segment of Livingston Road to connect Vanderbilt Beach
Road with Immokalee Road, said signage shall be permanently removed from
the Livingston Road Right-Of-Way.
5) Any such signage shall be approved as to the location and siz~ by the Collier
County Transportation Services Department. All expenses related to the signs
shall be the responsibility of the Developer.
V-5
5.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, beam, fences and walls are generally permitted as a principal use
throughout the Livingston Lakes PUD, except in Preserve Areas. The following standards
shall apply:
A. Landscape berms shah have the maximum side slopes:
:1) Grassed beam 4:1
2) Ground covered beam 3:1
, 3) Rip-Rap berms 1:1
· 4) Structural walled beam may be vertical
B. , Fence or wall maximum height: 9 feet, as measured from the finished grade of the
'."' groUnd at the base of the fence or wall. For the purpose of this provision, finished
grade shall be considered no greater than 18 inches above the crown elevation. of the
nearest existing road, unless the fence or wall is constructed on a perimeter
landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height
from the top of berm elevation with an average side slope of greater than 4:1 (i.e.
3: 1, 1: 1, or vertical).
C. Pedestrian sidewalks, bike paths, water management facilities and structures may be
allowed in landscape buffer areas, provided that the landscape buffer area is
increased by an equivalent width.
5.12 LANDSCAPING FOR OFF-STREET PARKING AREAS
Except where provided for elsewhere in this document, all landscaping for off-street parking
areas shall be in accordance with Division 2.4 of the Collier County Land Development
Code in effect at the time of building permit application.
5.13 POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code, provision 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 between the developer and the Supervisor of Elections for the provision of
polling places shah be 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 common areas including homeowners' associations.
V-6
LIVINGSTON LAKES PUD MASTER PLAN
~ ,,, '~:.:.:.-.-.:~
o ', ..................... -. ~ ~-.-.-:-:-.-
m -- ....~ .... .'.'-*-*- .... ' ', \ ...... I:qJO - DONOVAN CENTER
z f -",'X: . ~'.ACr ',' ~.nsssnw' . u~ ', 'X-'-'-*-'-'
_~ ' .... "-~'~ ......... '--. ,' X X-.-.-..
~' ',,, ,'l .......... '-. -- ~ ~ ....
~ '-"'--~~-.---~ -- ........ -- x'~-:-.-.--.
= ( t - - _ ~ ~,~ .,..-..e. TRACT 'R' RESmENTIAL DEVELOP]~i3TI' AREA '~ ~...
o ~ .-'/.'.'J I
~j~ o~JT '-&t It , -- ...... ,, \
o_ 11 ., i
I' I ~ -
~ ^~u~ I ",, ~ ," '-
LAND U-_~E_ T/tm
TRACT "n" RES~ENT[*~.
TRACT "~' PRESB~VE AREAS~ ~0~-*ACRES
TOTAL PROJECT ARELM 46.~ ACRE~ 0 ~o0 ~0o 300
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. 99-18
Which was adopted by the Board of County Commissioners on the
23rd day of February, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 23rd day of February,
1999.
DWIGHT E. BROCK,'
Clerk of
County Commis'Sio. ne~'
By: Lisa