Ordinance 90-049 ORDINANCE 00-_
ORDINANCE AMENDING ORDINANCE NUMBER 82-2 TIlE
£VE ZONING REGULATIONS FOR TIlE
AREA OF COLLIER COUNTY, FLORIDA
AMENDING Tile OFFICIAL ZONING ATLAS MAPS
48-25-6 AND 48-25-1 ; BY CHANGING THE~
ZONING CLASSIFICATION OF THE IIEREIN DESCRIBED ~ ' ,'
REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS LIVINGSTON ROAD COUNTRY ~ r.
CLUB CONSISTING OF 750 SINGLE/MULTI-FAMILY ~
DWELLING UNITS, GOLF COURSE WITll CLUB IIOUSE, ~
CONSERVATION AREAS, RIGHT-OF-WAY DEDICATION, -~
INTERIOR ROADS AND BUFFER ZONE, LOCATED AT THE ~
INTERSECTION OF THE PROPOSED NORTH/SOUTH AND
EAST/WEST LIVINGSTON ROAD EXTENSION IN SECTIONS
11, 12 AND 13, TOWNSHIP 48 SOUTli, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
482+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert Duane of Hole, Montes and Associates, Inc.,
representing Livingston Road, Ltd., petitioned the Board of County
Co~u~lesionere to change the zoning classification of the herein
described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commiss~oners
of Collier County, Florida:
The Zoning Classification of the herein described real property
located in Sections 11, 12 and 13, Township 48 South, Range 25 East ,
Collier County, Florida,is changed from A-2 to "PUD" Planned Unit
Development in accordance with the Livingston Road County Club PUD
~. document, attached hereto as Exhibit "A" and incorporated herein and by
reference made part hereof. The Official Zoning Atlas Maps Numbered
48-25-6 and 48-25-1, as described in Ordinance Number 82-2, are hereby
amended accordingly.
This Ordinance shall become effective upon receipt of notice from
'the Secretary of State that this Ordinance has been filed wi~h the
!.' Secretary of state.
~. DATE: June 6, 1990 .BOARD OF COUNTY COMMISSIONERS
~ . COLLIER~Y, FLORIDA
:i.t JAMES C. GILES, CLERK MAX ~:
~" ~L~JpAzE M. STUDENT-
~VINGSTON ROAD COUNTRY CLUB
PLANNED UNIT DEVELOPMENT
~,~.~;.:~ . HHA FILE NO. ~ 3. 126
PREPARED BY:
:~ HOLE, MONTES & ASSOCIATES, INC.
"*? 715 10TH STREET SOUTH
.... NAPLES, FLORIDA 33940
June 11, 1990
TABLE OF CONTENTS
STATEHEF:, OF COHPLIANCE · . · · · . . . · · · .... · ....· · · · · .
SECTION II
SHOR~ TITLE AND STATEMENT OF UNIFIED CONTROL ....... 2
IECTZON III
STATEHEN~ OF INTENT AND PLAN APPROVAL ..............
SECTION IV
SINGLE-FAHILY DEVELO~ REQUIREMENTS ............. 6- 8
SECTION V
.............. lo
SECTION VI
CjustER HOUSING DEVELOPMENT REQUI'R~M~NTS ............ 11-12
SECTION VII
GOLF AND COUNTRY CLUB DEVEI~PHENT REQUI"R~2~E~TS ...... 13-14
UTZLXTY P, EQUIP, E~ZNTS ·................. ........ · · · · · · 21-22
SECTION XI
WATER HANAG~ AND ENGINEERING'REQUIREMENTS ....... 23-24
r..i$~ or* ~:X~!~T~ ..
EXHIBIT
P. U. D · MASTER PLAN .................................
EXHIBIT 2
LEGAL DESCRIPTION'. .............. , ..................
39 PAG[ 148'
$00K
SECTION Z
STATEMENT OF COKPLIANCE
The development of 482± acres of prope~cy in Section 11, 12, and
13, Township 48 Sou~h, Range 25 East, Collier County, Florida.
& Planned Unit Development to be known as ~he Livingston Road
Co~n~'~ Club will be in compliance wi~h ~he planning goals and
objectives of Collier County for ~he following reasons:
1. The project is consistent with all applicable elements of
Collier County Growth Management Plan, as ~his project allows
lass ~han ~wo dwelling units par acre whereas ~he Growth
Management Plan allows up to ~2~ree dwelling units par acre.
2. The proJec= incorporates natural systems into either preserve
areas or as integral components of =ha water management system
to enhance t'...~-,eir natural func~iun.
3. The proJe¢= is compa=ible with adjacent land uses ~lrough
in=ernal arrangement of struc=ures, ~he placement of land usa
buffers, ~ransitions in land usa, and the proposed development
4.The proJec= includes dedication of public r£ghts-of-way for
~he north/south and east/west ex~:ension of Livingston Roads.
5. Ex~ensive open space spaces ara included ~roughou=
proJsc~ to provide for ~he recreational needs of
residents and to preserve ~he integrity of natural features.
6.AIl improvements shall be in cc~mpliance with all applicable
Coun=¥ regulations per~aining ~o constru~cion and design.
SECTION I~
PROPERTY OWNERSHIP,
LEGAL DESCRIPTION,
SHORT '~JYI'I~ JU~
STATEMENT OF UNIFIED CONTROL
Th& subJec= prope~cy is currently owned b~' Associates of
Llv~gs~n Road, L=d.
See a=~ched legal descrip=ion in ~ibi= 2 for proJec= lands
located in Sec=ions 11, 12, and 13, To,ship 48 Sou~, ~nge
25 ~s=, Collier Co~=y, Florida.
2.3 SHO~ TI~E
~is Ordin~ce shall be ~o~ ~d ci=ed as "Livings=on Road
Co~=~ Ci~ Pla~ed Uni= Developmen= Ordinance."
2.4 STATEMENT OF UNIFIED CONTRQT.
It is ~he inten~ of ~he Associates of Livingston Road, Lt~l. to
develop a Pla~md Uni= Dmvmlopmmn= of approx~a=mLy 482~ acres
on prope~y located in Sections 11. 12. ~d 13. To.ship 48
Sou~, ~nge 25 Eas~. ~is sta~emen~ represen2s ~a~ ~e
~sociates of Livingston Road, Lcd. ~en=ly has lands ~der
~ified control for ~e p~ose ~f obtaining P~ Zoning on ~e
s~Jec= prope~y. Developmen= of ~is Planned Uni~
Developmen= will occ~ in accordance wi~ ~e submi==ad
Pla~ed Uni= Developmen= Re~la~ions and any conditions
~ereof approved wi2h ~e Rezone Pe=i=ion as described and
a~eed ~o wi=bin ~e P~ Do~en2.
STATEMENT OF INTENT
AND PLAN APPROVAL
INTRODUCTION
I= is ~he in=an= of ~he ProJec= Sponsors Co develop a planned
residen=ial communiCy, wi~h a golf course, open spaces and a
· /x of single-family and mul=i-family land uses on 482 acres.
IC is ~he purpose of =his document Co provide ~he required
PLA~ APPROVAL
A. Sect:~on 3.2.A. - #Cltanges and varlet:ions ~n bu£ld:lJtp' ~
shall be permitC~d via ~he SMP procsss or ~he SDP process
in accordance wi~h ~ha Subdivision RequlaCions and the
~sCandards con~ained herein. In no case shall a final
sics development plan be approved until ~he plaC for the
~rac~ has been approved".
B. Section 3.2.B. - "Cons~-ucCion of ~he golf course may
proceed once ~he plaC has been approved and prior Co
recording of the pla= in accordance wi~h the approved SHP
and sics plan".
C. Section 3.2.C. - AC the CEe of Subdivision review and
approval for each subdivision phase, the size and
configuration of residential lots shall be identified,
along wi~/~ =ha assignment of the n,m~er of residential
dwelling units for each ~rac~. For each succeeding
subdivision and/or Sire Development Plan, a Cable shall
be included which su~arizes the total dwelling
assigned for the pending approval, in order Co facilitate
~he County's monitoring of the proJec=.
U~llsss otherwise noted, the definitions of all Ce=ms shall be
~he same as =he definitions sac fo=Ch in Collier County Zoning
Ordinance in efface a= the rime of building permit
application.
Trac~ boundaries sec fo~ on ~e P~ MasC~ P~ ~l ~d~
2o se2 go~ ~e ~es o~ uses pe~22ed ~n ~e deve~o~en~.
No~ wi~s~ding =e~la~ions con~ained, herein,
~stm= Plan, residential dwelling ~its ~y be shifted from
one ~ac= =o ~o~ as long as ~e =oral n~er of dwellin~
~i~s pe~i==ed, 750, is no= exceeded. However, ~e ~1~i
f~ll~ ~a~ located on ~e sou~ side of Livingston ~ad will
~ l~=ed =o a density of ~elve (12) dwell~gs p~
3.5 SI~ ~~G ~ D~INAG~
Cle~g, ~ading, e~wo=~, ~d site ~ainage wor~ shall
p~fo~ed ~ accord~ce wi~ applicable Collier Co~ Codes
~d Ord~ces, ~d '~e s~d~ds anU cool.enOs of
do~enC when effe~ive.
~s~n~, wher~ =e~ired, shall be provided fo~
~1 necess~ eas~encs, dedications, o~ o~e=
shall be ~ted to inane ~e continued operation ~d
~inten~ce of all semite utilities ~d will
s~s~tial compli~ce wi~ applicable re~lations in effe~
at ~e C~e approvals ~e repasted.
3.7 MOO~ ~O~/S~E OFFICE - PR~ P~
A. No more ~an ~ee nD~ Models" ~y be cons~cted prior
to recording of a plat for ~e proJe~ if applied for
~e project o~er. Site(s) for ~e model(s) must confo~
~o zoning standards ~d be located on a fut~e platted
lot. A metes and bo~ds legal description shall
provided on ~e site plan re,ired as pa~ of
building pe~i= issuance. Access shall be provided Co
each model from ~m model sa~ing as a "Sales CmnC~" or
an approved independent "S~ l~s Center". Access aha11 be
fo= pedesCrian Craffic o,~ly, no paved road will be
allowed.
B. A "Sales Can=er" may be consC~cCed prior Co recordiRg of
a plat. The "Sales Center" shall be l~iCed Co one
s~ct~e (one building pe~it.) Z= ~y be se~iced
a =empora~ utility system (i.e." ~ well and septic
=a~/~ainfield) prior Uo availability of central
systems at which time connection to the central system
will be made. IntarL~ ~ire protection ~acil£ties in
accordance wi~ ~A re~~en=s ~e re~ed
~ C. ~view and appro~l of ~e "Sales Center" s~ll follow
:..: ~e re~~en=s of ~e Site Development Pi~ process
'.~' (Zones Ordin~ce Se~ion 10.5). A me=es
provided by a paved road or t~por~ ~iveway which
meets Co~=y s~rds. A wa=~ n~agemen= plan ~s= be
provided which acco~oda=es ~e ~off from ~e "Sales
Center", ~e re~ired park~g ~d access road/~iveway
~d ~y o~er ~pe~ious s~faces. ~e sys=~ shall be
desired =o fi= ~ wi~ ~e ~s=er wa=e= ~nagenen=
~s=~ for ~e en=~e develo~en=.
D. A= ~e =~e of building peri= appLica~ion for a "Salts
Cante=~ ~ not be oc~piea ~til a ce~icate
~ oc~pan~ is issued. M~els ~s= obtain a conUitional
ce~ificate of oc~pan~ fo= n~el p~oses on~y. Models
~y not be oc~pied ~ti~ a pe~en= Ce~if~cate of
SINGLE FAHILY DEVELOPMENT
The purpose of ~his Section is Co set forth ~he permit=ed uses
an~ regulations for ~he areas designated as Single-Family
Residential on ~he PUD Master Plan.
4.2
Where specific development standards are noC sec forth in ~his
document, applicable development s~andards ~haC are in
aC ~he time permits are requested from ~he Collier
Zoning Ordinance shall apply.
4.3 PERNI~ RESIDENTIAL USES AND STRUCTURES
A. Uses and StrucCures: No building or s~-uc~ure, or par~
~hereof, shall be erected, altered or used, or land or
water used, in whole or in par=, for o~her ~han ~he ..
following:
1.Permitted Principal Uses and S~ruc=ures:
a. Single-family housing.
b. Commonly owned recreational open space.
2. Permitted Accessory Uses and Structures:
a. Accessory uses customary in residential areas
including essential services, model homes
sales offices and recreational facilities,
including similar kinds of uses.
b. Signs in accorda.-.=e wi~h ~he Sign Ordinance
for Collier Cour~.¥ and Sec=io~t 4.3.B.7. of
~his document.
¢. Gatehouses.
B. Develooment Standards Sin=le Fam£1v
, 1) ~inimum Lo= Area:
... RSF-1 6,000 S.F.
RSF-2 7,500 S.F.
· RSF-3 10,000 S.F.
L' 2) Hinimum Lot Width:
: RSF-L Corner - 70 FT.
" Interior- 60 FT.
~:, RSF-2 Corner- 75 FT.
Interior- 70 FT.
RSF-3 Corner- 95 FT.
Interior- 80 FT.
Cul-de-sac Lots - 40 FT. (front yard}
3)H~.nimum Setbacks from Tract Boundaries and
Lxn~s as measured in feet:
:i. ~. AcceeeoL'~
i~.."
" Front yard: 25 25 30 10
. .~ Side yard: 7 1/2 7 1/2 10 , 10
l!'il: Rear yard: 25 2525 10
i** 4) ~a×imum Buildinc~ Rei.ht:
· Accessory S~rucCures: Twenty (20) feet
,~i 5) Min~L=U= F].O0= Area:
I~ ,,-~ 1200 S.fi. laving area
, RSF-3 1500 s.f. living area
.~ '.:.
In accordance wi~h ~he' re~uirements of the Collier
County Zoning Ordinance.
a. The developer .in=ends to create a uniformly
designed special signage and identification
system, including buC not limited to,
i' subdivision and entrance signs for the project
7
~ .~ and arch£tec~u~al styles. Such s£gns may be
:.~...~" located at all pro~ect entrance points as well
as at o~her focal points within the
?" development wi~h the approval of the Zoning
: Director or his designee and the s~andards
:... will be enforced through restrictive covenants
~- and/or architectural controls.
b. A one hundred (100) square foot entrance sign
or ~wo (2) forl:y (40) square foot entrance
signs are permitted at each major entrance.
., 8) InteaTation of Different ~ousin= Tvoe~;
'i/ Recognizing that the plans for development of
Tracts have not been specified beyond either single
or multi-family development and ~hat different
types of residential development are permitted
thereon, the approval of any specific Site
Development Plan or SHP for development of such
, Tracts, or any par~ thereof, wi~h respect to the
pa~cicular type of residential dwellings and the
location and mixture thereof, will be based upon
and take into consideration such of the following
factors as are deemed appropriate by the Plaruling
and Zoning Director for the harmonious development
of each Trac~ wi~h a minimum of interference
bet"ween different housing types.
a. Physical separation of housing types into
. discrete areas.
'/ b. Landscape or constructed barriers between
different housing types meeting at a minimum
the standards of Section 8.37 of the Zoning
~ Ordinance unless modified by the Planning and
Zoning Direc~or, or open space deemed
"..~ appropriate by the Planning and Zoning
.~ ~:. Director.
.-,~.. c. Separation of saousing types by common
~.~.~ .; amenities.
Consistent with the foregoing, the Developer will
not mix individual single-family dwellings with
~:~..~. attached single-family or with multi-family
':' dwellings,
, i: ",ii '
· 8
?". 39 156
SECTION V
HULTI-FAHILY DEVELOPHENT REQUIREHENTS
The purgose of ~s Se~ion is =o se= fo~ ~e
~d r~a=io~ for ~e ~eas desi~a=ed as
~ ~cific d~velo~en~ st~d~ds are not
do~= appli~le develo~ent s~d~ds s~ll apply
~ effe~ at ~e t~e pe~i=s ~e re,es=ed from ~e Collier
Co~ Zon~g Ordinance.
P~~ ~SID~I~ USES ~ S~U~ES
A. Uses and St~ctures= No building or st~~e, or
~eof, shall be ~actad, altered or used, or l~d or
wat~ used, in whole or ~ pa~, for o~
~ollowing:
1. Pe~i2=ed Principal Uses and S2~c2ure3~
a. Hul=i-f~ily hous~g.
b. Co~only o~ed recreational open space. ,
2. Pe~i~=ed Accesso~ Uses and Statures=
a. Accesso~ uses for ~y s=~~e
residential ~eas including essential
semites, model homes sales offices and
recreational facilities includ~g s~il~
kinds of uses.
B. Develoomen~ S~andards
1. Minim~ ~ Area - One (1) acre.
2. Minimum ~t Width - One H~ed Fifty (150) feeC.
3. Minim~ Setback Retirements from ~act Boundari~
and Prooe~v Li~
(a) Front Yard: ~i~y (30) feet plus one (1)
foot for each t~o (2) fee= of building height
over thirty (30) feec.
,,, (b) Side Yard: Fifteen (15) feet plus one (1)
foot for each two (2) feet of building height
over thirty (30) feet.
(c) Rear Yard: Thirty (30) feet plus one (1) foot
for each two (2) feet of building height over
thirty (30) feet.
:; 4. Maximum Heiaht of Structures - Forty-five (45)
feet.
5. Distance Between Structures - Between any two (2)
~!~ principal s~ructures on the same parcel there shall
· .. be provided a distance equal to one-half (1/2) the
" sum of their heights.
6. ~inimum Floor Ar~a - Six Hundred (600) square feet
for one (1) bedroom units and seven hundred fifty
~.. (750) for two (2) bedroom units.
~...~ 7. ~ - In accordance with the standards of the
,~:/"' Collier County Zoning Ordinance when permits are
, requested.
· 8. LandscaDina Buffering - A landscape buffer shall be
provided along the perimeter of any multi-family
areas that are external to the project boundary in
~ accordance with the standards of Section 8.37 of
~ the Zoning Ordinance when permits are requested.
"~ "- SECTION VI
'"'~ CjustER HOUSING DEVELOPMENT REQD~I~EM]~NTS
;.~: The purpose of ~his Sec=ion is to se= forth ~he permit=ed uses
and development regulations for cjuster housing areas on
,; ~,~/; ..., PUD ]~ste~ Plan.
.,[]gl .... 6.2 ~
Where specific development s~andards are not set forth, in
~s document applicable development standards of r/is Collier
~ .. Count~ Zoning Ordinance shall apply ~hat are in effec~ at t. he
[.¢!/ time permits are requested.
~:,:": 6.3 pE~W~TT~D USES AND STRUCTURES
I ~; A Uses and Structures: No building or structure, or parc
~,. ~hereof, shall be erected, altered or used, or land or
~:~., water used, in whole or in par~, for o~her ~han
;~, following:
including: villas, townhouses, zero lot line and
single family dwelling unit types in all areas
designated for residential use on ~he PUD
Plan.
? 2. All accessor]f uses permitted in single family or
.li~~ multi-family ar.as.
.~L~:'~;'i The off street par~inq shall be as required b~ the Zoning
· .~,,l'~f!~ Ordinance of Collier County at the time building permits
i . are requested.
C.
? '~,' 'The landscaping requi~enents shall be as per ~e Zoning
i~i',',r~: OFdinance of Collie~ Count:~ at CAe t£=e building perm£ts
j~, are requested. -
, "..;'~.
~/: ....
~, D. Develornnent: Standards .
PATIO
:if PEI~MITTED USES ~UST~ SIDE TO~
~~S ' D~L~ HO~S Y~) HOUSE
~~ S~ ~ 4,500 SF 4,500 SF 4,500 SF 3,400 SF
S~E Y~ S~~ 10 ' 10 ' 10 ' 10
: ~ ~ Y~ 20' 20' 20'
.. ~ Y~
AC~SORY 10 ' 10 ' 10 ' 10
~~ 25 ' 25 ' 25 ~ 25
"'b.'.. DI~. B~ 10 ' 10 ' 10 ' 10
AC~SSORY
~U~
~'~ ~. ~G~ OF 25' 25' 25' 25'
;' AC~SORY
~U~'
" ~~ (S.F.) 1000 SF 1000 S~" 1000 SF 1000 SF
* A ~en~-five fooC se=back shall be re~ired ~rom all =ra~
bo~dartes.
* ~ere loc lines ~e not included in the cjuster housing reg~e
a ten fooC separation shall b~ re~ired between
~j'..'.
SECTION VII
GOLF AND COUNTRY CLUB DEVELOPMENT REQUIREHENTS
7.1 PURPOSE
'~. purpo., of ~hi. S.c~ion £. to ..~ £o r~h plrmi~ed U~.. and
co=...
7.2 GENERAL
~his document applicable development standards of Collier
CounSy Zoning Ordinance shall apply ~hat are An effect a=
~ime permits are reques=ed.
7.3 PERMITTED USES GOLF AND COUNTRY CLU~
A. 'Permit=ed Uses and Structures - No building or structure,
or parc ~hereof, shall be erected, altered, or used, or
land or water used, An whole or in parc, for o~her ~han
1.Permte=ed Princi~al uses and S~ruc~ures:
Golf Course
2. Permitted Acc.ssorv Uses and S~ruc~ure.:
a) Clubhouses, pro-shop, pracCice driving range
and other cusComary accessory uses of golf
courses, or o~her recreational facili=ies.
b) Small commercial establishments, including
gift shops, golf equipment sales, restaurants,
cock=al1 lounge~, and similar uses, intended
~o serve pa~ron~ of ~he golf course and o~her
permitted recreat ~onal facilities.
c) Multiple ~ennis courts, shuffleboard courts,
swimming pools, and o~her types of facilities
d) Roads, pathways, accessory uses and structures
customarily associa~ad wi~ the pa=mitred use,
including bur not limited to utility
st~uc=ur es, water management facilities,
maintenance shops and equipment storage
facilities, non-commercial plant nursery,
13
~ !. e) Polling places in accordance wi~h Se~cion 9.
r~:~ of ~he Zoning Ordinance.
B. DeveloDmenC Standards Gol~ Course
1. ' General Re~iremenCs:
a) Ov~all si~e desi~ shall be h~onious
s~~es, location of access
~d p~king ~aas ~d lo~tion ~d
~ea~= of buff~ ~eas.
~t b) Buildings shall be se= bac~ a min~ of
districts and ~e setbac~ ~ea shall
appropriately landscaped and maintained
=o a~ as a buffer zone. No p~king will
be allowed in ~e buffer.
~:' 2. ~ximum Re~aht o~ Statures:
~ Fo~y (40) faaC.
~: ' ~e off-s~ee= p~king shall be as re~ed
~e Zon~g Ord~ce of Collier Co~ty
tame building pe~its ~a
~ ~tntenance ~d e~tpment storage ~eas ~hall
be s~eened from adjoining prope~ies
accordance wi~ ~e st~dards of Se~lon 8.37
~ of ~e Zoning Ordinance.
~'":' i:I SECTION VIII
'~ OPEN SPACE/CONSERVATION AREA DEVELOPHEN~ REQUIREMENTS
~~,~i The purpose of ~his Section is to set for~.h ~he permitted uses
and d~velopmen= regulations for ~e open space
~ ~~ia for ~is
8.2 p~~ USES OP~ SPA~/CONS~TION
., A. Peri=ted uses and Stsc=utes
No building o= s~~e, o= pa~ ~ereof, shall be
~': ere~ed, altered, or used, or l~d or wa=er used, in
whole or In p~, fo= o~e= ~an ~e following:
1. Pe~it~ed Principal Uses and S~c=ures:
a) P~ ~d play~o~ds.
b) B~g, h~g, ~d na=~e ~ails.
. c) Na=~e presages and wildlife s~c=u~ias.
":- d) Recreational shelters and res~oom facilities.
~" e) Elevated ~ardwa~ ~ough we=lands.
f) Wa=er ~ag~en= s~~es.
g) Pa~ways, accesso~ uses and
~s=omaril~ associated wi~ ~e pe~i==ld use,
s=~c=~es, l~.~es, water management
facilities, etc.
foregoing.
';
2) Per~itted Accessory Uses and Str~ctures:
~.,. a) Accessor~ uses and structures customarily
i. associated vi',.h principal uses p~tCed
b) ~inten~ce ~d storage ~eas ~d s~~es
.:. ~al systm.
/* ~) ~aintenance:
~e Deve~op~ shaLL es~sh
~sociation ~or ~e
. ~e ~en Space/~nse~t~on
'~" facilities, priva=e s~eets, side wa~, p~ and
:~ o~er co.on facili=ies.
SECTION IX
Tm SPo A XO
~ The purpose of this section i~ ~o se~ fo~ ~ gen~al
?' ~po~=ion co~en~ fo= ~e proJe~.
A. ~e Co~.rese~es ~e right to proh~i= medi~ open~gs
wi~in one ~~ of a mile of ~e in=erse~ion of
no~-sou~ ~d east-wes= se~en=s of Liv~gs=on Road
~e =~e of roadway mul=i-l~g (4 or more l~es).
B. ~e en~=es =o ~e single f~ily and
~acCs on ~e east west se~enc of Liv~gston Road shall
be In aliment.
C. If ~y of ~e entices ~e Co be gated, ~e gate house
' shall be desired and located so as nec ~o cause v~icles
~o be backed up Co Livingston Road.
~' D. ~e developer shall provide left ~d right ~ l~es
all project en~ces ~d shal~ be responsible for
cost of all necessa~ modifications related Co project
,' en~ces upon ~e fo~ laning of eider se~enC of ..
".' Livings=on Road.
E. ~e developer, or his assi~s, shall provide a fair share
~ con~ibu=ion =owed ~e capital co~= of a ~affi= sisal
a~ ~y proJe~ entrance when deemed w~~ad by
Co~ty. The sisals shall be o~ed, opera=ed
~in=ained by Collier
',~ F. ~e developer shall provide ~erial level
lighting at all project enhances.
,
", G. Access to ~e golf co,se ~ain~enance facility shall be
l~ited to right t~s in ~.~d right t~s out upon
fo~ laning of ~lv~gston
H. ~e developer shall donate :toad right-of-way along all
~ frontages ~der his con=tel on bo~ se~ents of
Livingston Road consistent wi~ ~e prel~ina~ right-of-
way map approved by ~e Board of Co~=y Co~issioners and
s~Jec= =o revisions applicable ~o final road desi~
final right-of-way re~irements. Since it is reco~ized
by all pa~ies ~a= s~Jec= development activity is
'~. dependent on ~e pro,ess of ~e Livingston Road MS~,
~he tight-of-way donation shall be made within 90 days of
Rezone approval by ~.~e Board of County Commissioners and
! ~. subject to a right-of-way agreement with ~he County. All
right-of-way donations shall receive impac~ fee credits
to the extent allowed in the Road Impac~ Fee Ordinance.
~l{"ii~' i. AIL requ£=ed lmp=ovements, excluding right-o~-w&y
i' donations, are considered "site related" as defined in
Ordinance 85-55 and shall not be applied as credits
toward any impact fees required by that ordinance. They
shaX1 be in place before any Certificate of Occupancy are
issued.
'~ =. All traffic control devices used, excluding street names
signs, shall conform with the Manual on Uniform Traffic
Control Devices as required by Chapter 316.0747, Florida
K. Road impact fees shall be in accordance with the schedule
:.. contained in Ordinance 85-55, or as it may be amended,
:~- and shall ba paid at t. he time building permits are issued
:.:? ~nless otherwise approved by the Board of County
Commissioners ·
~,. L. 'In the event that Livingston Road has not been completed
,.,.. and open to traffic prior to the beginning of ..
construction for the said development, the development
may be allowed to proceed under the following conditions:
1. Construction of the site work (including golf
course, lakes, roads and drainage) will be
permitted to proceed if the developer, or his
assigns, can ensure legal access for construction
to the site. If the Livingston Road corridor is to
be used for construction access to the development,
that portion of the north-south Livingston Road
Corridor extending from the Lee County Line
southwardly to the north right-of-way line of the
east-west Livingston ~ad Corridor or t_he east-west
Livingston Road Corridor shall be used, only
pursuant to a separate agreement with the Count~
which shall, as a minimum, address the following:
a. The extent to which Collier County and/or the
developer has obtained all necessary and
required permits including but not limited to,
~' Corps of Engineers Dredge and Fill Permit,
'.' Florida Department of Environmental Regulation
Permit, South Florida Water Management
District Permit, U.S. Environmental Protection
~:' Agency Permit ~nd all Collier County Permits.
18
~.?,. b. ~ w~ittan agreement between Collier County and
~!,," the developer that the developer will abide by
all permit conditions and accept all
responsibility for the work within that
corridor.
, c. That the design and construction of the access
road within the north-south Livingston Road
, Corridor shall be a paved roadway meetinq the
, requirements to be incorporated into the
~ Co llier Count~ Livingston Road Pro~ ect.
Otherwise, the developer may petition for the
construction of a temporary access/haul road
in accord with the Collier County Right-of-Way
~ Ordinance.
d. The developer shall provide sufficient proof
of legal access and the right to use that
portion of the no.ch-south Livingston Road
Corridor to be used and as described herein.
developer be concurrent with Collier County's
construction of Livingston Road, tho access to
the development may be terminated if a
conflict exists between the two activities.
The Developer shall indemnify and hold Collier
County harmless from delay claims put forth by
County Contractors.
f. The developer shall obtain written permission
from Collier county Transpo~cation Services
Division before undertaking any activity
within any portion of the Livingston Road
corridor (either the east-west or the north-
south co~ridor).
~" 2. Temporary public access via the paved roadway
outlined in item 1(c) shall be acceptable for
access until the completion of Livingston Road by
Collier County and an'f and all work necessary to
adapt the temporary public access roadway to the
Collier County LivinGz=on Road project shall be
~ accomplished at the developer's cost.
~. 3. Nothing herein shall preclude the developer and
Collier County from entering into an agreement
whereby the developer would construct any segment
~' ' of either Livingston Road corridor in accordance
with Collier County design plans and applicable
permits in order to establish access to the
Livingston Road Country Club project. Any such
,,~?', a~eenenC vould nec £o~ch ~he tec~m and cond~tiona
~.,..,. of said co~~on ~d access.
K. Bu~d~q p~~ and Ce~~e~ o~ Oc~~ ~
~, ~ssued Cot ~e qo~ co.se, c~house ~d ~ntenance
~" ~ld~nqs ~ ~e pro~ecC developer can provide
p~c access v~a a paved road Co ~e s~2a ~ aLL
r~isi~e infras~~e ~pcovananCs ~clud~g ~ose
pe~aininq ~o ade~a=e f~e pro=e~ion along
appropria=e p~i=s from all agencies wi~ J~isdi~ion
~cluding compliance wi~ ~e S~ivision Re~la=ions.
Such =~por~ access shall be closed wh~ ~e
proJe~ ~~ce and Liv~gs=on Road ~e
2;~ ,' .~
~,.~,~.
~..
UTILITY REQUIREMENTS
The purpose of ~his Section is to set fo~ch ~he utilities
requiremen~s which m~= be acco~a~ed ~ ~e pro~e~
develops.
~:~.~' A. Wa~ dis~ibu~ion, sewage co~lac~ion ~d ~~iss~on
;. ~d ~=er~ wa~ ~d/or sa~ge ~ea~an= facilities ~o
..,. I~e ~e proJe~ ~e ~o be desired,
'~ conveyed, o~ed and ~in=a~ed ~ accordance wi~ CoLlier
Cowry Ordin~ce No. 88-76, as ~ended, and o~er
applicable Cowry ~les and ra~la=ions.
B. All ~s=omers co~e~ing =o ~he wa=e= distribution and
sewage collation facilities =o be cons~==ed will be
~s=omers of ~e Co~y and will be balled by ~e Co~
: in accordance wi~ ~e Co~=y°s es=ab~ished re=el.
· ~:. ~hould ~e Co~y no= be in a position to provide wa=er
~ ~d/or sewer ~stomars shall be ~stomers of ~e inter~
uCili=y established =o se~e ~e p=oJe~
Colby's off-sire wa=e= and/or sewer facilities are
. a~il~le =o se~e ~e
C. It ~a anticipat~d ~at ~e co~t~ Utilities Division will
ult~ataly supply pottle wat~ to meet ~e conap=Jvc
demand and/or receive and ~ea= ~e sewage genera=ed by
~is proJe~. Should ~e Cowry system no= be ~ a
position ~o supply po=able wa=ar =o ~e project ~d/or
co~ences, ~e Developer, a= his e~ense will ins=all and
operate in=er~ wa=er supply and
facilities and/or in=er~ on-sire sewage
disposal facilities ade~a=e =o meet all re~~en=s of
b~ding on ~a Developer, his assi~s o= successors
regarding any in=ar~ =r ~a=men= facili=~es
utilized. ~e a~ae~an= m'.~s= be legally sufficient
~a Co~=y, prior =o ~e approval of cons~c=ion
do~en=s for ~e project and be in confo~ance wi~
r.~iraman=s of Co,liar Cowry Ordinance No. 88-76, as
~endad.
21
D. If an ~-~terim on-site water supply, ~ra&t~en~ and
.... "" ' ~ransmission facility ~s u~ilized ~o se~e ~e proJe~,
,,.~ i= ~s= be properly sized to supply average pe~ day
;, domes=lc demand, In addl=ion ~o fire flow de. nd a=
race approved ~ ~e appropria=e Fire Con=to1 Dis=ri~
se~icing ~e p=oJe~ area.
E. Off-site U=ili=ies ~rov~en~:
~e ~is=~g off-site wat~ facilities of ~.
~= ~ evalua=ed for hy~aulic capaci=y =o se~e ~is
proJe~ ~d re.forced as re~ired, if necess~,
consisten= wi~ ~e Co~ty's Wa=er ~s=er Pi~ to ins~e
~at ~e Dis~ic~'s wa=er system can hy~aulically
anticipated dem~d~ of ~e proJec~ and ~e District's
~',.'. .The exis2ing off-sire sewage ~ansmission facili=ies of
~e dis~i~ ~sC ~ evaluaCed for hy~aulic capaciCy
se~e ~ls proJe~ ~d ~proved as re~ired ouCside
" proJe~s bo~d~ 2o provide ade~aCe capacity
~spo~ ~e addi=ional wasCewa=er generaCed wi~ouC
adverse ~pacC Co ~a exisCing 2ransmisalon faclliCies.
.. F. In=e~al wa2er ma~s shall be looped 2o ~e
re~ed by Colli~ Co~ U2ili=ies Division.
G. ~ior 2o ~ appro~l, provide a ~s=er sewage
· =a=lon ~l=e for 21e-in 2o proposed force main on
~,~ L~vings~on Road. Said 1if= s=a=ion will provide semite
2o developmen=, and be sized in accord~ce wi~
~ Co~2y's No~ Co~2y Sewer Mas=er Pi~.
H. ~oJec= Developer a~ees =c assis= ~e Co~=y in loca=~g
a sui2~le sire in ~e v~cini=y of ~e in=erse~ion of
no~-sou~ and eas=-wes= Livings=on Road. If a sui=able
si2e is no= fo~d prior 2o S~ approval for =he proJec=,
proJec= developer will ei~.,~r (a) ac~ire a ~o acre si2e
=o be a~eed upon by ~e 'utlll2ies division, proJec=
review se~ices and ~e pe=12ioner~ or (b) provide a
acre our parcel on ~e 10 acre ~ac= loca2ed ad~acen=
and sou~ of eas=-wes= Livings=on Road (i.e.,
~,, no--wes= ~ar=er of ~e no--wes= ~a~er of Se~ion 13,
" To.ship 48 Sou~, Range 25 Eas=, Collier Co~=y,
Florida).
22
SECTION XI
The purpose o~ ~his Section is to se~ fort/x the stipulations
established by the Water Management Advisory Board, which
stipulations shall be accommodated by the project: developer.
A. Detailed site drainage plans shall be submitted to
ProjeCt Review Services for review. No cons~ruc'cion
permits shall be issued unless and until approval of the
proposed construc~ion in accordance with the
plans is granted by ProJec~ Review Services.
B. A copy of SFWMD Permit or Early Work Permit is required
prior to construction plan approval.
C. A master association will be responsible for the
operation and maintenance of on-site drainage facilities.
D. The County will provide an outfall in the Livingston Road
right-of-way to accept project drainage requiremen=s. ..
E. Design and construc~ion of all improvements shall be
'subJec~ to compliance with the appropriate provisions of
the Collier County Subdivision Regula. Cions.
F. An Excavation Permit will be required for the proposed
lake(s) in accordance with Collier County Ordinance No.
88-26 and SFWHD =ules. The maximum depth shall be in
full compliance with Ordinance No. 88-26.
G. Work within Collier County right-of-way shall meet the
requirements of Collier County right-of-way Ordinance 82-
91.
H. ACC... into each ~ract as .hewn on th. ma.tar plan i,
informational only. Location and number is subject to
Plan or
Subdivision Master SDP
approval.
purposes only. Subdivision Master Plan shall be
submitted and approved at a later date.
23
;: '~ =. The pro, mc= shall be plat=ed in accordance with toll_imf
.~. Count-z Su~xtivision Regulations =o define the .right. of-
way~ ~rac~s, and easements as shown on ~e mas=er plan.
K. The PUD ~as=er PLan does not constitute the Subdiv£sion
i Mas=er Plan un=il ~he Subdivision Haster Plan is approved
by ~he County Board of Commissioners including all
{i. exemptions ~ha= may be requested.
Iil.! L. Lek.. n.ar w.=land..hall b. r.locat.d a minimum 200 ft.
from ~he wetland in accordance with South Florfda Water
: Management District rules unless soil or o~her data shows
~hat ~he wetland hydroperiod would no= be adversely
af fec~ced.
¥
':~ H. A minimum 100 foot lake se=back from any right-of-way
line shall be maintained unless utilizing ~he Lake
requirements wi~h appropriate barriers can be provided.
N. A copy of U.S. Army Corps of Engineers and DER pm=mi2 for
any alteration done under ~heir Jurisdiction is required
prior =o construction plan approval.
O. If prOpoled Livings=on Road right-of-way is not completed
prior =o ~he commencement of on-site development by this ..
proJecl:, petitioner shall clear sufficient right-of-way
and construe= an outfall to accommodate ~he discharge,
subject =o Collier Count-/ Transportation Department
approval. This ou=fall shall mimic the historical
drainage pa=tern for ~he area.
P. Prior =o SMP approval, provide a copy of an agreement
be=ween ~he peri=loner and County Transportation Services
regarding coordina=lon of ~he proJec~ outfall location,
crossing and incorporation of ~he proJec~ discharge into
Iii:. ~he design of Livings=on Road.
The purpose of this Section is to set forth the
stipulations established by the Environmental Advisory
Council. The development this project shall be subject
to ~hess stipulations:
1. Petitioner shall be subject to Ordinance No. 75-21
as amended by Ordinance No. 89-58 (preservation of'
native habitat and tree removal permit).
2. Preserve areas shall retain the existing natural
canopy, understory, and groundcover vegetation, and
shall be maintained free of exotic species in
perpetuity.
3. Passive recreation is prohibited in the wetland
preserve areas unless otherwise determined during
site development plan (SDP) review.
4. Pursuant to Collier County Growth Management Plan
Goal 7, Objective 7.3, Policies 7.3.4 and 7.3.5,
Conservation Element, the petitioner shall retain
big cypress fox squirrels and any found gopher
tortoises on site, or shall relocate them according
to Florida Game and Fresh Water Fish Commission
(FGFWFC) protocol after contacting and receiving
approval from the FGFWFC.
5. All plant species of special concern not within the
preserve areas and within the construction
footprint shall be transplanted on site to preserve
areas of suitable habitat.
6. Petitioner shall be su'oject to Ordinance No. 82-37
as amended by Ordinance No. 89-53 (removal of
exotic species).
7. Petitioner shall be subject to Ordinance No. 89-5?
(use of native specie~ in landscaping).
8. Petitioner shall cease all development and
construction activities in the vicinity of any
found archaeological or historical si~e and contact
Collier County Planning Services, Environmental
Review Staff.
9 . The 16 . L acre ST area within the subject proper~y
shall be retained within & preserve area as
depicted on the PUD Master Plank
Pursuant to Ordinance No. 89.58 and Collier County Growth
Management Plan, Conservation and Coastal Management
Element, Goal 6, Objective 6.2, Policies 6.2.2, 6.2.7,
6.2.9, 6.2.13, 6.2.14, and Obi ective 6.4, Policies 6.4.6
and 6.4.7, there shall be no unacceptable net loss of
viable naturally functioning fresh water wetlands.
Seventy-five (75) acres, ~he equivalent of twent~-five
percent (25%) of the existing natural habitat on site
(i.e. disturbed and agricultural land uses not included),
shall be retained. Thi~cy-two (32) acres of the total
seventy-five (75) acres shall be designated as preserve
areas. Distribution and amount of additional preserve
area shall be determined and designated prior to
subdivision master plan (SMP) approval. Should the
petitioner, prior to the time of SHP approval,
demonstrate that there are less than three hundred (300)
acres of viable naturally functioning habitat on site,
the acreage of habitat retained shall be adjusted to
comply with applicable County ordinances and Growth
Management Plan goals, objectives, and policies.
26
e
LIVINGS~N' RO~
CO~Y CLUB ·
~;:~ I..I~NOSTON R, OAO PROPF. J:I, TIE~ '
PRO~TY Oe:SCi:~PI'1ON=
A PARC~.. 0P' I. ANO LOCA~ IN ~~ I f,t2 & ~ TO--HIP 48
NO~~ Ii& ~ ~10 ~ON 1~ ~~ RUN ~ ~'54'~ ~. ALONG
NO~~ I/~ OF ~iO ~ON 1~ FO~ A O~CE OF ~ ~ TO
f/4 ~ ~O ~ON I~ ~EN~ RUN N. ~*~ ~ ALON~ ~E NO~
NOR~~ CO~ O~ ~E NOR~W~ I/A OF ~10 ~ON I~ ~ENCE
~ON i~ FOR A 0~~ O~ ~ ~ TO ~E NO~~
~E NOR~ 1/4 O~ ~lO SE~ON 1~ ~~ RUN ~ ~e~,~ ~ ALON~
· ~E ~ U~ O~ ~E NO~~ 1/4 ~ ~10 ~ON I~ FOR ~ 01ST~CE
N~~ I/4 OF ~ON I t, ~~IP ~ ~, ~GE ~ ~1
'NO~~ !/4 CF ~10 S~ON il, FO~ A O~T~ O~ I~ ~ TO
~~ 1/4 ~ ~E NO~~ t/4 OF ~lO ~ON Il, FOR A
~ ~ ~ TO ~E SO~W~ CO~ Q~ ~ ~~ I/4
· NOR~~ I/4 ~ ~E $O~H~ I/4 OF' ~lO ~E~QN 111 ~EN~ RUN
~ON l l: ~~ RUN H. 38'41'1~ ~ ALCNG ~E SOU~ LINE OF
tl~ O~ ~lO ~ON S~ ~~ ~UN N. ~ ~ ~ ALONG ~E ~ UNE
~D~ f/~ CF ~0N I~ ~~lP G ~De ~GE ~ ~, FOR A
AC~ MO~ OR ~ . . ·
8~RIN~ ~ T0 ~E ~ UNE 0F ~E ~~ l/~ 0F ~0N 1~
BOOK
OF FLORIDA )
COU1TTY OF COLLIER
.,. '~'' ~, ~AMES C. GILES, Clerk of Courts in and for the
· Twentieth Judicial Circuit, Collier County, Florida, do
..hereby certify ~hat the foregoAng Aea true copy of:
Ordinance No. 90-49
which was adopted by the Board of County Commlasionere on
the 6th day of June, 1990, during Regular Session.
Count~ Co~lsstoner~ of Collier County, Florida, tht~
day of June, 1990,
JAMES C. 0ILES
Clerk of Courts and Clerk
Ex-offlct. o to Board of ,. " .,'
Count~ Co~.lmlssto~ [? '.
B~ /~/~u~n K~n~on ,-. . ".~
Deputy Clerk 'j, · ,