MASTER - Live Oak Preserve, Tampa, FL USA

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MASTERDEVELOPMENTDESIGNGUIDELINES &COMMUNITY RULES& REGULATIONS(Revised: April 17, 2013)(Revised: August 21, 2013)(Revised: October 16, 2013)(Revised: July 31, 2014)(Revised: April 20, 2016)2

TABLE OF CONTENTSSECTION ONE: INTRODUCTIONLive Oak Preserve Community OverviewStatement of PurposeDefinitionsCommunity MapDesign Review CommitteeFunctions of the CommitteeSECTION TWO: DESIGN REVIEWPROCESSSubmission RequirementsSubmission of DRC FormMeeting of the DRCEvaluation of DRC RequestConflictsNotifying OwnerDenial & Re-submissionVariancesAdditional Information RequiredDeadline to Respond to OwnerConditional ConsentAction May Be Taken Upon Notification ofApprovalRequirement to Comply with Municipal Codeor Governmental RegulationsSECTION THREE: ALL SINGLEFAMILY HOME NEIGHBORHOODSAccessory BuildingsAdditionsAntennas & Satellite DishesArtificial VegetationClotheslinesDeck/Patio Installation SpecificationsDecorative GE171718181818193

Dog Runs, animal kennel cages, and wildliferefugeFencing and WallsFlagsFlorida Friendly Landscaping GuidelinesFront DoorFront Door WreathsFront Elevations and Color SchemesFront Porch, Patio, and Outside FurnitureFountainsGarage and ParkingGarage DoorsGarage SalesGarbage Cans and Recycle BinsGutters and DownspoutsHoliday DecorationsHurricane and Storm ShuttersLandscape and IrrigationLightingMailboxes and House NumbersMechanical Equipment and ScreeningStructuresMonotony ControlsOutdoor Kitchens, Fireplaces, BarbequeGrills, and Fire PitsPaint Color Palette Guideline – Exterior PaintPatiosPergolasPlanters and Potted VegetationPlanting in Right of WayPlay & Sports EquipmentPools and SpasPortable BuildingsRain Barrels and CisternsRoofs and Roof ProductsScreen Planting EasementsScreened Enclosures, Patio Design, andMaterialsSide ElevationsSidewalksSignsSite StandardsSolar Equipment, Solar Tubes, and 34354141414242434444454546474848484949495050505051

Tree PreservationWells and Septic TanksWind Chimes and Hanging OrnamentsWindowsWallsWindow or Wall UnitsYard Ornaments51515151525253SECTION FOUR: RULESREGULATIONS & POLICIESPAGECommon Area and General RulesCovenant Enforcement PolicyGate Access RulesOfficial Record Copying and Inspection RulesParking dixAppendixAppendixAppendixAppendixPAGE– 100– 101– 102– 103– 104– 105– 106– 107– 108EXHIBITSPAGEA – Design Review Committee Overview forCommittee MembersB – DRC FormC – Antenna & Satellite Dish SpecificationsD – Live Oak Color Palette/ Approved Paint ColorSchemesE – Fence SpecificationsF – Mailbox DesignG – Live Oak Preserve New Resident InformationFormH – The Live Oak Preserve Clubhouse ReservationFormI – Owner/Renter Registration Form5

1.INTRODUCTION1.1 Live Oak Preserve Community OverviewLive Oak Preserve (“LOP”) is a family oriented residential community offering a wideselection of housing types and price categories ranging from townhomes to large semicustom Units. Live Oak Preserve offers a variety of amenities including a multi-milliondollar community center with athletic courts and water park, an extensive naturalconservation area and an expansive park and walk way system. Live Oak Preserve islocated in north central Hillsborough County and is a part of the thriving area known as"New Tampa."1.2 Statement of PurposeThese Master Development Design Guidelines (the “Guidelines”) supplement theMaster Declaration for Live Oak Preserve (“Master Declaration”) to provide minimalstandards for development or the construction of modifications or improvements withinLive Oak Preserve. Failure to comply with these Guidelines is a basis for disapprovinga proposed modification or construction plan and may result in enforcementproceedings, including but not limited to an action for injunctive relief and theimposition of a fine. Approval of a proposed modification or construction plans underthese Guidelines by the Live Oak Preserve Design Review Committee (the “DRC”),however, does not relieve an owner from the responsibility of complying with any laws,ordinances, rules, regulations, or restrictions of any governmental entity or any parcelassociation. Unless otherwise specified, these Guidelines apply to all Lots within LiveOak Preserve. Certain provisions of these Guidelines, however, may be limited by theirterms to specific Parcels within Live Oak Preserve.These Guidelines apply prospectively to any development or construction within LiveOak Preserve after the effective date of these Guidelines. Existing alterations, additions,or improvements to the exterior of residential structures or Lots in Live Oak Preservethat were approved before the effective date of these Guidelines will be permitted toremain in place provided they are maintained in compliance with Master Declaration,Article 6. In the event any proposed structure, improvement, modification, addition, oralteration, is not specifically addressed or permitted in the Master Declaration or theseGuidelines, then such proposed structure, improvement, modification, addition, oralteration shall be deemed prohibited by the Master Declaration and these Guidelinesand shall not be made, erected, constructed, or installed on any Unit.Grandfathering is granted as to any accessory structures described in the paragraphabove, except as otherwise provided in this paragraph to the extent that the Associationhas an approved DRC application or the improvement was installed by original6

Developer or Builder. If a Lot requires seventy-five percent (75%) or more of thestructure or any improvement to be replaced, it will require the entire structure to meetcurrent Guidelines. However, fences will require replacement of the entire fence with acomplete fence when fifty percent (50%) or more of an entire fence requiresreplacement. Any structure or improvement which has been destroyed must meetcurrent Guidelines for rebuilding. Seventy-five percent (75%) or more of the value of astructure or improvement destroyed will require the entire replacement to meet currentGuidelines. As used herein, percentage shall be based upon the cost of repair orreplacement of the size, whichever is found to exist. If less than seventy-five percent(75%) of the structure of any improvement needs to be replaced, owner shall replacewith like kind unless product is not available. If the like kind product is not available,then the structure or improvement must meet Guidelines.1.3 DefinitionsAll terms not defined herein shall have the meaning set forth in the MasterDeclaration. All definitions pertaining to the maintenance, modification and/orthe construction approval process within Live Oak are to be found within theMaster Declaration.a. AssociationThis term shall mean and refer to the Live Oak Preserve Association, ahomeowner’s association as defined by Chapter 720 of the Florida Statutes.b. Approved Paint Color SchemesThis term shall refer to the adopted and approved paint color schemes contained inthe Association’s Paint Books originally selected by the developer. TheAssociation may amend these paint color schemes from time to time. CurrentApproved Paint Color Schemes are identified in Exhibit D to these Guidelines.c. BuilderThis term refers to an original entity that built the Unit, is a licensed contractor orowner who acts as contractor in the construction of any structure.d. Common AreasThis term shall mean any property, whether improved or unimproved, or anyeasement or interest therein, which now or hereafter (i) owned by or lease to theAssociation, (ii) dedicated to the Association on any recorded plant; (iii) requiredby an recorded plat or other recorded document to be maintained by the7

Association; (iv) declared to be a Common Area by the Master Declaration, or (iv)intended to be a Common Area by the Developer. Common Areas may includebut are not limited to parks, open areas, conservation areas, nature preserves, lakesand other waterways, recreational facilities, road, entranceways, and other similarproperties.e. Community Development District or CDDThis term shall mean and refer to a local unit of special-purpose government thathas been or may be created in accordance with Chapter 190 of the Florida Statutesto provide certain community services to the area in which the Properties (as thatterm is defined in the CCR) are located.f. Composite BoardThis term shall mean any non-solid wood structure building product, wood fiber orwood strapping board which is a product or by-product of wood, including anyproduct consistent with Masonite , oriented strand board (OSB), Texture T-111,or any wood composite board which may resemble wood’s appearance which is notsolid wood deck or wood sheeting.g. ImprovementThis term shall refer to any building, fence, wall, patio area, road, driveway,walkway, landscaping, antenna, sign, mailbox, pool, tennis court, recreationalfacility, berm, lake, pond, canal, or other structure or improvement which isconstructed, made, installed, placed, or developed within or upon, or removedfrom any property; any change in, alteration of, addition to, or removal of all orany portion of any such structure or improvement that affects the exteriorappearance thereof, other than normal maintenance and repair that does notmaterially alter or change the exterior appearance, condition, and color of same;and any change in the ground elevation of any property.h. GrandfatheringThis term shall refer to the original construction and/or a modification whichwas approved by LOP that is no longer a legal modification.i. LeadwalkThis term shall refer to the path from the driveway or sidewalk to the frontentry of a Unit or other structure.8

j. Public View ScreeningThis term shall refer to all screening from public view shall require a hedge and/orvegetation screening which at the time of in ground planting is a minimum heightof four (4’) feet if the yard is not otherwise fenced.k. Rear Yard Set BackThis term shall refer to all accessory structures will be located a minimum of tenfeet (10’) from any rear lot line or five feet (5’) from any side lot line.l. VarianceThis term refers to a modification which is approved by the DRC, although it doesnot conform to current guidelines or the Master Declaration.m. Wood CompositeThis term refers to any wood or recycled wood product which is not one-hundredpercent (100%) wood but which contains at least fifty percent (50%) wood orrecycled wood product. This product shall be used in accessory structures only.n. Yarda.Front Yard: The front yard includes that portion of the yard betweenthe edge of the sidewalk, or the edge of the street pavement if there isno sidewalk, to the front foundation of the Unit exclusive of thegarage, unless otherwise specified in Individual Neighborhood SectionGuidelines (INSG). The “front foundation” means that portion of thefoundation fronting the street, regardless of the location of the frontdoor. The area between the edge of the street pavement and the edgeof the sidewalk (including the sidewalk), if any, in the front yard maybe subject to an easement in favor of or owned by HillsboroughCounty or the CDD, but it is the Owner’s responsibility to maintainsaid area in the same condition as the Owner is required to maintainthe Unit and other portions of the Owner’s property.b.In the case of a corner lot, which is a lot with two or more adjacentstreets, the front yard is defined in accordance with the above, exceptthat the front foundation shall be determined by the location of thefront door, and the corner yard shall mean that portion of the yardother than the front yard between the edge of the sidewalk, or the edge9

of the street pavement if there is no sidewalk, to the side foundation(s)of the Unit exclusive of the garage. The area between the edge of thestreet pavement and the edge of the sidewalk (including the sidewalk),if any, in the corner yard may be subject to an easement in favor of orowned by Hillsborough County or the CDD, but it is the Owner’sresponsibility to maintain said area in the same condition as the Owneris required to maintain the Unit and other portions of the Owner’sproperty.c.Side Yard: Any portion of a Unit’s yard extending from the front yardto the rear yard except in the case of a corner lot when the side yard onthe flanking street shall extend to the rear property line.d.Rear Yard: Any portion of a Unit’s yard which extends across the fullwidth of a Lot, and from the rear line of a Unit to the rear propertyline.1.4 Live Oak Community MapThis plan is subject to change without notice. The Association reserves the right tochange the village boundaries at any time.10


1.5 Design Review CommitteeThe DRC is a committee duly adopted and created by the Live Oak PreserveAssociation’s Board of Directors to review all request for improvements/modifications.It ensures that any changes are in keeping with the Master Declaration and theGuidelines. The DRC is made up of no more than five volunteers (but no less thanthree) that are appointed by the Association’s Board of Directors to serve at the pleasureof the Board of Directors. These volunteers may contact the Association’s CommunityManager to express their interest, who in turn will submit their names for considerationto the DRC and provide the prospective volunteer with a copy of the Design ReviewProcess Overview. The DRC may make recommendations on the different individualsexpressing the desire to volunteer. The Board of Directors will consider the DRC’srecommendations, if any, and make the desired the appointments. The Board ofDirectors is not bound by the recommendations of the DRC.1.6 Functions of the Committee1. The DRC has exclusive jurisdiction over modifications, additions, or alterationsmade on or to existing Units or structures containing Units and the open space. Assuch, the DRC approves or denies requests based on completeness and compliancewith the established Guidelines and the Association’s governing documents.2. The proposed design for any exterior modification or improvement to an existingUnit, completed lot or structure on a lot shall be submitted in writing to the DRC forreview prior to commencement. Under no circumstances, may an Owner (or ParcelAssociation)1 make a modification/improvement should be made to any existing Unitor its open space unless the Owner first submits a modification application andreceives approval from the DRC to proceed.3. Any items including, but not limited to, all exterior improvements including exteriorpainting or repainting in the same color, significant landscape additions includingtree removal or new planting, items placed on a Lot which are visible from publicview or any other lot are subject to the Master Declaration and these Guidelines.4. Prior to installing such features, owners are encouraged to review these Guidelines,the Master Declaration, and any Parcel Association restrictions. The LOPCommunity Association Manager is available to assist Owners in procedures or toanswer questions regarding the application and approval process.5. Upon receipt of an application for approval of a DRC application, the LOPCommunity Association Manager will forward the application to the DRC forconsideration at its next meeting. All meetings are noticed and any Owner ispermitted to attend.6. Outlined in Section 2 is the Design Review Process for all Live Oak residents. In theevent that the DRC fails to approve or reject a properly submitted application or torequest additional information within thirty (30) days after submission, the1Hereinafter the term “Owner”, when appropriate, shall also include Parcel Association.12

application shall be deemed approved (Section 5.4 of the Declaration).2.DESIGN REVIEW PROCESS2.1 Submission Requirements1. Any request for approval by the DRC of any improvement/modification must be inwriting and shall be accompanied by plans and specifications or other details as theDRC may deem reasonably necessary in connection with its determination as towhether or not it will approve the same.2. The Design Review Committee Form (“DRC Form”), a copy of which is attachedas an exhibit to these Guidelines must be completed by the Owner, accompanied bya copy of the lot survey and a copy of the contractor’s proposal or plan or any otherdocumentation.23. The plans and specifications submitted for approval shall show the nature, kind,shape, height,materials,color,andlocation ofallproposedimprovements/modifications. Any alterations or additions to the exterior of yourUnit or its ground should be clearly indicated on the survey.4. If the DRC deems the plans and specifications deficient, the DRC may require suchfurther detail in the plans and specifications as the DRC deems necessary including,without limitation, floor plans, site plans, drainage plans, elevation drawings, anddescriptions or samples of exterior materials and colors, and until receipt of theforegoing, the DRC may postpone review of any request submitted for approval.5. The DRC shall have the right to charge a reasonable fee to any Owner requestingDRC approval, including where applicable the fee of any architect or engineer hiredby the DRC to review any plans or specifications.6. The DRC is not obligated to review or approve any plans or specifications untilsuch fee is paid.7. The DRC shall not withhold in a discriminatory manner or in a manner thatunreasonably prohibits the reasonable improvement of any property, but may bewithhold due to aesthetic considerations.8. Under no circumstances may a proposed modification/improvement infringe uponthe CDD’s ability to maintain its property.2.2 Submission of DRC Form1. The DRC Form may be downloaded from ns by tenants or relatives of Owners are inadequate.13

and should be completed in the manner set forth in the Design Review SubmittalRequirements section of these Guidelines.2. All completed DRC Forms must be submitted along with the refundable deposit, ifrequired, by certified mail return receipt requested to the Live Oak PreserveAssociation, Inc., c/o Community Association Manager, 4131 Gunn Highway,Tampa, Florida 33618, or by email (the receipt of which has been acknowledged bythe Community Association Manager) to the Community Association Manager bythe designated deadline, which is the Tuesday of the 1st week of the month to bereviewed. The completed DRC Form may also be hand delivered to theCommunity Association Manager.2.3 Meeting of the DRC1. The DRC meets monthly. If a submittal is untimely, a request will not be revieweduntil the following month’s DRC meeting. No request will be deemed receiveduntil the DRC acknowledges receipt of the request.2. All DRC Forms will be forwarded to the DRC, which shall consist of no more than5 volunteers but no less than 3 volunteers, all of whom shall be appointed, and shallserve at the discretion of the Board of Directors. The DRC will meet on thescheduled date following each deadline to process all requests received.2.4 Evaluation of DRC RequestThe DRC will evaluate each of the improvements/modifications, additions, oralterations made on or to existing Units or structures containing Units and the openspace to assure conformity with the design criteria, performance and quality standardsset forth in the Guidelines as well as compatibility with the adjoining sites and commonspaces.2.5 ConflictsIf conflicts arise between the submitted DRC Forms and the Guidelines, the DRC shallhave sole discretion to interpret the Guidelines and render a decision. Notwithstanding,if the Declaration or Guidelines provides options for the use of material, the size of thestructure or improvement, the design of the structure or improvement, or the location ofthe structure or improvement on the parcel, the DRC shall not restrict the right of anOwner to select from the options provided.2.6 Noti

Paint Color Palette Guideline – Exterior Paint 43 Patios 44 Pergolas 44 Planters and Potted Vegetation 45 Planting in Right of Way 45 Play & Sports Equipment 46 Pools and Spas 47 Portable Buildings 48 Rain Barrels and Cisterns 48 Roofs and Roof Products 48 Screen Planting Easements 49 Screened Enclosures, Patio Design, and Materials 49