Ordinance 2003-28ORDINANCE NO. 03 - 2 8
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP(S) NUMBERED 8512S, 8607S
AND 8607N BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM "PUD" TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS TUSCANY
RESERVE PUD, FOR PROPERTY LOCATED WEST OF
INTERSTATE - 75, EAST OF LIVINGSTON ROAD AT
THE COLLIER-LEE COUNTY LINE, IN SECTION 7,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 461.29 ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 2000-04, THE FORMER
RONTO LIVINGSTON PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A.,
representing Panther Developments, LP, petitioned the Board of County Commissioners to change
the zoning classification of the herein described real property;
NOW, THEREFORE BE IT ORDAINED BY the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 7,
Township 48 South, Range 26 East, Collier County, Florida, is changed fi.om "PUD" to "PUD"
Planned Unit Development in accordance with the'PUD Document, attached hereto as Exhibit "A",
which is incorporated herein and by reterence made part hereof. The Official Zoning Atlas Maps
numbered 8512S, 8607S and 8607N, as described in Ordinance Number 91-102, the Collier
County Land Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 2000-04, known as the Ronto Livingston PUD, adopted on January 25,
2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
1
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, thisbe_ day of ~T'o rl~ ,2003.
ATTEST:
DWI,,QH,T,,E. BROCK, CLERK
.~x~.. ........ . ~,~-.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.:4 :.,~.,'~ ~ x MD. ~ · BY:
TOM HENNING, CHAIRMAN
Mmjori~M. Student
Assistant County Attorney
This ordinance filed with the
Secretary of S_.[tate's Office the
~ day of~, ~
and acknowledgement of that
filing received this ~ day
he.
D~u~ Clerk ~ ~
2
TUSCANY RESERVE
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING TUSCANY RESERVE A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
Panther Developments, LP
24301 Walden Center Drive
Bonita Springs, Florida 34134
PREPARED BY:
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
and
Neale Montgomery
Pavese, Haverfield, Dalton, Harrison & Jensen Attorneys
1833 I-Iendry Street
Fort Myers, Florida 33901
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC January 25, 2002
ORDINANCE NUMBER~.~......_..~, 2000-04
AMENDMENTS AND[~_EPEAL~J'
DOCUMENT D ATE 0 6 / 2 4 / 0 3
EXHIBIT "A"
G:\Currem~ReischlXPUDLPUDA\Tuscany Reserve\PUD doc 6-20-03 clean FINAL.doc
6/9/03
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
INDEX
List of Exhibits
Statement of Compliance
Property Ownership, Legal
General Description and Short Title
Project Development
Residential Development Areas
Golf, Open Space
Village Center
Preserve
General Development Commitments
PAGE
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111
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LIST OF EXHIBITS
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "D"
EXHIBIT "E"
Planned Unit Development Master Plan
Interstate 75 Buffer
Typical Estate Entry Feature
Typical Tuscany Reserve Drive R.O.W. Cross-section
Tuscany Reserve Drive (adjacent to Lake 5)
ii
STATEMENT OF COMPLIANCE
The development consists of 461+ acres of property in Collier County as a Planned Unit
Development to be known as the Tuscany Reserve PUD, which will be in compliance with the
goals, objectives, and policies of Collier County as set forth in the Collier County Growth
Management Plan. The Tuscany Reserve PUD is a single and multi-family residential
community with associated recreational uses and will be consistent with the applicable elements
of the Collier Growth Management Plan for the following reasons:
The total acreage of the Tuscany Reserve PUD is 461 + acres. The maximum number of
dwelling units to be built on the total acreage is 799. The number of dwelling units per
gross acre is approximately 1.73 units. The density on individual parcels of land
throughout the project may vary according to the type of housing placed on each parcel
of land. The projected density of 1.73 dwelling units per acre is in compliance with the
Future Land Use Element of the Growth Management Plan which allows 4.0 units per
acre as a base density with 1 unit per acre adjustment due to the project interconnection
from Livingston Road North as well as Livingston Road East, for a maximum of 5.0 units
per acre.
2. The subject property is within the Urban-Mixed Use District, Urban Residential
Subdistrict Land Use Designation as identified on the Future Land Use Map.
The subject property's location in relation to existing or proposed community facilities
and services permits the development's residential density as described in Objective 2 of
the Future Land Use Element.
4. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
o
Improvements are planned to be in compliance with applicable sections of the Collier
County Land Development Code as set forth in Objective 3 of the Future Land Use
Element.
The project development is planned to protect the functioning of natural drainage features
and natural groundwater aquifer recharge areas as described in Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
All final local development orders for this project are subject to Division 3.15, Adequate
Public Facilities, of the Collier County Land Development Code.
This PUD shall be incompliance with all environmental sections of the LDC and GMP,
Conservation and Coastal Management Element in effect at the time of final development
order approvals.
9. This PUD shall be in compliance with the PUD Neighborhood Village Center Subdistrict
of the Future Land Use Element of the Growth Management Plan.
111
1.1
1.2
SECTION I
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of TUSCANY RESERVE PUD.
LEGAL DESCRIPTION
Parcel A: North one-half of the Northeast one-quarter of Section 12, Township 48 South,
Range 25 East, Collier County, Florida, less: the portion conveyed to Collier County, a
political subdivision of the State of Florida, by Warranty Deed recorded June 22, 2002, in
the Official Records of Collier County, Florida at O.R. Book 2689, Page 3368.
Together with:
Parcel B: All of Section 7, Township 48 South, Range 26 East, Collier County, Florida,
lying West of the Interstate Highway 75, right-of-way.
PARCEL A and PARCEL B: TOGETHER BEING MORE PARTICULARLY
DESCRIBED AS:
A parcel of land lying in Section 7, Township 48 South, Range 26 East, and in Section
12, Township 48 South, Range 25 East, in Collier County Florida, and being more
particularly described as follows:
BEGINNING at Northwest Comer of Section 7, Township 48 South, Rang 26 East mn
thence along the North boundary of [he Northwest one-quarter (1/4) of said Section 7,
S.89°52'09"E. 2420.80 feet to a point on the Westerly right-of-way line of Interstate
Highway 75 (324' Right of way); thence along said Westerly right-of-way line for the
following three (3) courses 1) S.19°30'43"E. 2329.79 feet to a point of curvature; 2)
Southerly, 1892.87 feet along the arc of a curve to the right having a radius of 5567;58
feet and a central angle of 19025'46'' (chord bearing S.09°46'20"E., 1883.77 feet); 3)
S.00°01'57"E. 1243.42 feet to a point on the South boundary of the Southeast one-quarter
(1/4) of said Section 7; thence along said South boundary N.89°10'15"W., 844.32 feet;
thence along the South boundary of the Southwest one-quarter (1/4) of said Section 7,
N.89°10'25"W., 2627.43 feet to the Southwest comer of said Section 7; thence along the
West boundary of the Southwest one-quarter (1/4) of said Section 7, N.00°32'28"W.,
2623.13 feet; thence along the West boundary of the Northwest one-quarter (1/4) of said
Section 7, N.00°30'23"W., 1314.18 feet; thence along the Southerly boundary of the
North one-half (1/2), of the Northeast one-quarter (1/4), of said Section 12, Township 48
South, Range 25 East, S.89°21'50"W., 2599.53 feet to a point on the Easterly right-of-
way line of Livingston Road; thence along said Easterly right-of-way line
N.00°24'47"W., 1316.68 feet to a point on the North boundary of the North one-half
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(1/2) of the Northeast on-quarter (1/4) of said Section 12; thence along said North
boundary, N.89°25'08"E., 2597.37 feet to the POINT OF BEGINNING.
Containing 461.29 acres, more or less.
PROPERTY OWNERSHIP
The subject property is owned by Panther Developments, LP.
GENERAL DESCRIPTION OF PROPERTY AREA
me
The project site is bordered on the east by 1-75; on the north by the Collier/Lee
County line; on a portion of the west by Livingston Road North; on the remainder
of the west by the Mediterra PUD; and on the south by the Pelican Strand PUD.
Bo
The zoning classification of the project prior to approval of this PUD Document
was PUD, known as the Ronto Livingston PUD.
PHYSICAL DESCRIPTION
Co
The project lies within South Florida Water Management District No. 7.
Elevations within the site vicinity are flat. The elevation of the subject site is
approximately thirteen feet (13') above mean sea level. The entirety of the site
lies within Flood Zone "X" according to Firm Map # 120067 0195 D, map
revised June 3, 1986; Firm Map # 120067 0215 D, map revised June 3, 1986; and
Firm Map # 120067 0185 D, map revised June 3, 1986.
Surficial sediments on, and in the vicinity of the project are primarily fine quartz
sands, and organic loams over shallow limestone bedrock. Specific soil types
found on the project site include: Malabar Find Sand, Basinger Fine Sand and
Boca Fine Sand.
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1.6 PROJECT DESCRIPTION
The Tuscany Reserve PUD is a residential single family and multi-family golf course
community with a maximum of 799 dwelling units. Recreational facilities may be
provided in conjunction with the dwelling units. Residential land uses, recreational uses,
and signage are designed to be harmonious with one another in a natural setting by using
common architecture, appropriate screening/buffering, and native vegetation, whenever
feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "TUSCANY RESERVE PUD".
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2.2
SECTION II
PROJECT DEVELOPMENT
PURPOSE
The purpose of this Section is to generally describe the project plan of development,
relationships to applicable County ordinances, the respective land uses of the tracts
included in the project, as well as other project relationships.
GENERAL
mo
Development of the Tuscany Reserve PUD shall be in accordance with the
contents of the Planned Unit Development Document and applicable sections of
the Collier County Land Development Code and Growth Management Plan in
effect at the time of issuance of any development order, such as but not limited to
final subdivision plat, final site development plan, excavation permit, and
preliminary work authorization, to which such regulations relate. Where these
regulations fail to provide developmental standards, then the provisions of the
most similar district in the County Land Development Code (LDC) shall apply.
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Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County LDC in effect at the time of building
permit application.
All conditions imposed and all graphic material presented depicting restrictions
for the development of the Tuscany Reserve PUD shall become part of the
regulations which govern the manner in which the PUD site may be developed.
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Unless modified, waived or excepted by this PUD, the provisions of the LDC,
where applicable, remain in full force and effect with respect to the development
of the land which comprises this PUD.
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Development permitted by the approval of this petition will be subject to
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities, of the LDC.
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
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The project Master Plan, "including layout of streets and use of land foi' the
various tracts, is illustrated by Exhibit "A", the PUD Master Plan. The nature and
extent of land uses within the project are indicated on Table I. The specific
location and size of individual tracts and the assignment of dwelling units thereto
shall be determined at the time of detailed site development planning or platting.
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The final size of the recreation and open space lands will depend on the actual
requirements for water management, roadway pattern, and dwelling unit size and
configuration.
TUSCANY RESERVE
LAND USE SUMMARY
TABLE I
LAND USE INTENSITY SUMMARY
USE MAX. D.U.:s ACRES
Residential 799 461_+ (gross)
Open Space @ 30%
N/A
138+
(Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas)
2.4
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
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Prior to the recording of a record plat, and/or condominium plat for all or part of
the PUD, final plans of all required improvements shall receive approval of the
appropriate Collier County g?ernmental agency to insure compliance with the
PUD Master Plan, the Collier County Subdivision Code, and the platting laws of
the State of Florida.
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Exhibit "A", the PUD Master Plan, constitutes the required PUD development
plan. Subsequent to or concurrent with PUD approval, a preliminary subdivi.sion
plat, if applicable, shall be submitted for the entire area covered by the PUD
Master Plan. Any division of property and the development of the land shall be in
compliance with Division 3.2 of the Collier County LDC, and the platting of the
State of Florida.
The provisions of Division 3.3 of the Collier County LDC, when applicable, shall
apply to the development of all platted tracts or parcels of land as provided in said
Division and SDP approval shall be obtained prior to the issuance of a building
permit or other development order.
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The developer of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
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required to submit and receive approval of a preliminary subdivision plat in
conformance with requirements of Division 3.2 of the Collier County LDC prior
to the submittal of construction plans and a final plat for any portion of the tract or
parcel.
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Utilization of lands within all project rights-of-way for landscaping, decorative
entrance ways, architectural features and signage shall be allowed subject to
review and administrative approval by the developer and the Collier County
Engineering Director for engineering and safety considerations during the
development review process and prior to any installation of such features.
Utility, mad, and any public and private easements shall be established as
required during the SDP and/or plat approval process.
Appropriate instruments will be provided at the time of infrastructure
improvements regarding dedications and the method for providing perpetual
maintenance of common facilities.
MODEL HOMES / SALES OFFICES
Model homes, sales centers and other uses and structures related to the promotion and
sale of real estate shall be permitted principal uses throughout the Tuscany Reserve PUD
subject to the requirements of Section 2.6.33.4 of the Collier County LDC. The project's
primary sales center, located on the PUD Master Plan, shall be permitted to be utilized
for an on-site sales facility for a maximum of 7 years from date of the approval of this
PUD.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5. of the Collier
County LDC.
COMMON AREA MAINTENANCE
Common area maintenance will be provided by the Master Property Owners' Association
or Community Development District (CDD). The Association or CDD is a legitimate
alternative for the timely and sustained provision of quality common area infrastructure
and maintenance under the terms and conditions of a County development approval. For
those areas not maintained by the Master Association or CDD, the developer will create a
property owner association(s), or condominium association(s), whose functions shall
include provision for the perpetual maintenance of common facilities and open spaces.
The Master, or the property owners' association, or CDD, as applicable, shall be
responsible for the operation, maintenance, and management of the surface water and
stormwater management systems, and reserves serving the Tuscany Reserve PUD.
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2.8 DESIGN GUIDELINES AND STANDARDS
Collier County planned unit development districts are intended to encourage ingefiuity,
innovation and imagination in the planning, design and development or redevelopment of
relatively large tracts of land under unified ownership or control, as set forth in Section
2.2.20.2.4., of the Collier County LDC.
The applicant has not set stages for the development of the property. Since the property
is to be developed over an estimated seven (7) year time period, any projection of project
development can be no more than an estimate based on current marketing knowledge.
The estimate may change depending upon future economic factors.
2.9 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Tuscany Reserve
PUD except in the Preserve District. General permitted uses are those uses which
generally serve the developer and residents of the Tuscany Reserve PUD and are
typically part of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
Essential services as set forth under the Collier County Land Development
Code, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
Guardhouses, gatehouses, architectural subdivision entry features and
access control structures are permitted and may be constructed in
accordance with Exhibit "C", Typical Estate Entry Feature.
o
Community and neighborhood parks, recreational facilities, community
centers.
Temporary construction, sales, and administrative offices for the
developer, builders, and their authorized contractors and consultants,
including necessary access ways, parking areas and related uses in
accordance with the Collier County LDC in effect at the time temporary
use permits are requested unless otherwise specified herein.
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Landscape features including, but not limited to, landscape buffers, berms,
fences and walls shall be in accordance with the Collier County LDC
unless otherwise specified herein.
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Any other use, which is comparable in nature with the foregoing uses and
consistent with the permitted uses of this PUD, as determined by the
Board of Zoning Appeals.
2.10
B. Development Standards
Unless otherwise set forth in this Document, the following development standards
shall apply to structures:
Setback from back of curb or edge of pavement of any road - Fifteen feet
(15'). Guardhouses, gatehouses, fences, walls, columns, decorative
architectural features and access control structures shall have no required
setback, however such structures shall be located such that they do not
cause vehicular stacking into the road right-of-way.
Setback from exterior property lines - One half (V2) the height of the
structure.
o
Minimum distance between structures which are part of an architecturally
unified grouping- Five feet (5').
4. Minimum distance between unrelated structures - Ten feet (10').
5. Minimum floor area - None required.
6. Minimum lot or parcel area - None required.
7. Maximum Height - Thirty feet (30')
Sidewalks, bike paths, and cart paths may occur within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bike
path, or cart path.
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein, are to be in accordance with the Collier
County LDC in effect at the time of site development plan approval.
OPEN SPACES REQUIREMENTS
Section 2.6.32 of the Collier County LDC requires that residential PUDs must provide a
minimum of 60% open space. At the time of site development plan or plat application,
the developer must demonstrate compliance with this requirement.
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2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
For this PUD, a minimum of 44.96 acres of wetland and upland preserve/enhancement
area shall be placed under a conservation easement. This developer has_ committed,
through the environmental permitting process, to identify and preserve a minimum of 59
acres of existing native vegetation.
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SECTION III
RESIDENTIAL "R" DEVELOPMENT AREAS
PURPOSE
The purpose of this Section is to establish land use regulations and development
standards for the residential development tracts designated on Exhibit "A", the PUD
Master Plan as "R".
MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted within the PUD is 799. The property
contains a gross acreage of 461+ acres and a base density of 1.73 dwelling units per gross
acre.
GENERAL DESCRIPTION
Areas designated as "R" On the PUD Master Plan are designed to accommodate a full
range of residential dwelling unit types, a full range of recreational facilities, essential
services, and customary accessory uses.
The approximate acreage of the "R" District is indicated on the PUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of site development plan or preliminary
subdivision plat approvals in accordance with Division 3.3 and Division 3.2, respectively,
of the Collier County LDC. Residential tracts are designed to accommodate internal
roadways, open spaces, parks and amenity areas, lakes and water management facilities
and other similar uses found in residential areas.
USES PERMITTED
A. Principal Uses:
I. Single-family detached~dwelling units.
2. Single-family and zero lot line dwelling units.
3. Single-family attached and townhouse dwelling units.
4. Two-family and duplex dwelling units.
5. Multiple-family dwelling units.
Temporary sales center, which shall be permitted as shown on the PUD
Master Plan, and utilized through project buildout for on-site sales, not to
exceed seven (7) years from the date of approval of the PUD.
B. Accessory Uses
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1. Uses and structures customarily associated with principal uses permitted.
2. Guesthouses, pursuant to Section 2.6.14 of the Collier County LDC.
3. Common area recreational and utilitarian facilities.
4. Lakes, golf course, and other open space-uses.
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Gatehouses, fences, walls and access control as depicted on Exhibit "C",
Typical Estate Entry Feature.
DEVELOPMENT STANDARDS
Table II sets forth the development standards for land uses within the "R",
Residential District.
Site development standards for Categories 1-5 of Table II apply to platted parcel
boundaries.
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein, are to be in accordance with the Collier County
LDC in effect at the time of site development plan approval. Unless otherwise
indicated, required yards, heights, and floor area standards apply to principal
structures.
Development standards for uses not specifically set forth in Table II shall be
established during the site development plan approval phase as set forth in
Division 3.3 of the LDC in accordance with those standards of the zoning district
which is most similar to the proposed use.
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Single-family patio and zero lot line dwellings are identified separately from
single-family detached dwellings with conventional side yard requirements to
distinguish these types of residences for the purpose of applying the development
standards under Table II.
Housing structure types including lot orientation for single-family detached
dwelling units, such as zero lot line versus non-zero lot line orientations, may not
be mixed within the same development tract.
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TABLE II
TUSCANY RESERVE COMMUNITY
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS
PERMITTED USES Single Zero Lot Line Two Family and Single Multi-
AND STANDARDS Family Duplex Family Family
Detached Attached Dwellings
and
Townhouse
Category 1 2 3 4 5
Minimum Lot Area 5,000 SF 4,000 SF 3,500*4 3,500 SF 9,000 SF
Minimum Lot Width *5 50' 40' 35' 20' 90'
Minimum Lot Depth 100' 100' 100' 100' 100'
Front Yard 20' *3 20' *3 20' *3 20' *3 20' *3
Side Yard 6 0 or 6' *6 0 or 6' 0 or 5'6' 15'
Rear Yard 15' 15' 15' 15' 15'
Rear Yard * 1 5' 5' one story 0 or 7.5' 5' 5'
7.5' two story
Rear Yard Accessory * 1 10' 10' 10' 10' 10'
Maximum Building 35 feet 35 feet 35 feet 35 feet 50 feet
Height *2
Distance Between *7 10' 10' 10' one story 10' V2 Building
Principal Structures 0 or 15' two story Height
Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 1000 SF 750 SF
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be
applied by the Customer Services Department during an application for a building permit. For all patio or zero lot units, a conceptual exhibit
showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit.
The conceptual exhibit may be modified as needed. Verification of ingress/egress for maintenance shall be provided for zero lot line units.
All distances are in feet unless otherwise noted.
* 1 - Rear yards for principal and accessory structures on lots and tracts which abut lake, golf course or open space areas. Setback from lake for
all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design.
For preserve areas, all principal structure setbacks shall be 25' and accessory structure set back shall be 10'.
Front yards shall be measured as follows: ~
A. If the parcel is served by a public fight-of-way, setback is measured from the adjacent fight-of-way line.
B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not
curbed).
C. If the parcel has frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage
designated as a side yard.
*2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost habitable finished
ceiling elevation of the structure. ,'
*3 - Single-family and multi-family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking
other than in private driveways may reduce the front yard requirement to 15' for the garage.
*4 - Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot are of 7,000 S.F.
*5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained.
*6 - Zero foot (0') minimum side setback on either or both sides as long as a minimum 10 foot separation bet~'een principal structures is
maintained.
*7 - Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum separation, if
detached.
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SECTION IV
GOLF, OPEN SPACE (GO)
PURPOSE
The purpose of this Section is to set forth the uses permitted and development standards
for the Golf/Open Space Tracts. The primary function and purpose of these tracts will
be to provide aesthetically pleasing open areas, golf course and recreational facilities.
Except in areas authorized for development, all good quality native trees and shrubs shall
be protected and preserved wherever practicable.
PERMITTED USES AND STRUCTURES
No building or structure, or pan thereof, shall be erected, altered or used, or land or water
used, in whole or in pan, for other than the following:
A. Permitted Principal Uses and Structures
1. Golf courses and golf training facilities, including temporary golf
clubhouses.
2. Tennis clubs, health spas and other recreational clubs.
3. Project information and sales centers.
4. Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds,
water and wastewater treatment plants, utility pumping facilities and pump
buildings, utility and maintenance staff offices.
5. Community administrative facilities.
6. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, bikeways, landscape nurseries, gazebos, boat and canoe
docks, fishing piers, picnic areas, fitness trails and shelters.
Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the principal
uses permitted in this district.
2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters,
snack bars, and golf course maintenance yards.
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Retail establishments accessory to the permitted uses in the District such
as, but not limited to, golf, tennis, and recreational related sales.
Restaurants, cocktail lounges, and similar uses intended to serve 'club
guests.
Shuffleboard courts, tennis courts, swimming pools and all other types of
accessory facilities intended for outdoor recreation.
Any other use, which is comparable in nature with the foregoing uses and
consistent with the permitted accessory uses of this PUD as determined by
the Board of Zoning Appeals.
4.3
DEVELOPMENT REGULATIONS
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F.
G.
H.
Principal structures shall be set back a minimum of ten feet (10') from Golf
Course / Open Space District boundaries and private roads, and twenty-five feet
from all PUD boundaries and residential tracts.
Accessory structures shall be set back a minimum of ten feet (10') from Golf
Course / Open Space District boundaries and private roads, and twenty feet (20')
from all PUD boundaries and residential tracts.
Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Maximum height of structures
1. Principal Structures - 2 stories or thirty feet (30').
2. Accessory Structures - 1 story or fifteen feet (15').
Minimum distance between priffcipal structures - Ten feet (10').
Minimum floor area - None required.
Minimum lot or parcel area - None required.
Standards for parking, landscape, signs and other land uses where such standards
are not specified herein, are to be in accordance with the Collier County LDC in
effect at the time of site development plan approval. Unless otherwise indicated,
required yards, heights, and floor area standards apply to principal structures.
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5.1
5.2
5.3
SECTION V
VILLAGE CENTER
PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within the Tuscany Reserve PUD, designated on the Master Plan as the Village
Center District.
GENERAL DESCRIPTION
The Village Center area is intended to serve as a mixed-use component of the project in
which primary recreational facilities, limited personal services and multi-family
residential uses will be developed. The approximate acreage of the Village Center is
identified on the Master Plan, Exhibit "A". A maximum of one hundred (100) multi-
family and/or townhouse residential dwellings may be constructed in the Village Center.
PERMrlTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, in whole or part,
for other than the following:
A. Permitted Principal Uses and Structures
Golf club and club related facilities including, but not limited to, restaurants,
lounges, pro-shops, snack bars, swimming pools, and other recreational
facilities commonly associated with the operation of a golf club.
2. Tennis club pro-shops and courts.
3. Health club and spa.
4. Townhouse and multi-fam~y dwellings, not to exceed 100 units.
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5.4
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Permitted Accessory Uses and Structures
1.
customarily associated with the priticipal
Accessory uses and structures
structures.
2. Indoor and outdoor recreation facilities including, but not limited to,
swimming pools, tennis courts, and the like.
3. Gazebos, architectural features, fishing piers, courtyards, golf course shelters.
4. Indoor parking facilities and outdoor parking lots.
5. Golf club cabanas - A maximum of ten (10) golf club cabanas may be
constructed within the Clubhouse facility and shall be available for short-term
overnight rental for golf club members and guests.
DEVELOPMENT REGULATIONS
A. Minimum Yard Requirements
1. Front Yard: Principal and accessory structures shall have a minimum ten (10')
yard. Where principal or accessory structures are developed under a common
site plan, structures may be constructed with a zero foot (0') yard.
2. Other Yard: No minimum yard shall be required where a structure abuts a
waterbody or golf/open space tract. A minimum yard of twenty five (25) feet
from any residential tract is required.
B. Building Height
1. Principal structures: Three (3) stories, or a maximum of forty-five feet (45')
above finished grade.
2. Accessory structures: One (I) story, or a maximum of twenty-five feet (25')
above finished grade.
3. Architectural features such as bell towers and decorative architectural featqres
may be a maximum of seventy five feet (75') above grade.
4. Where parking is provided within a principal building, one level of parking
shall be permitted in addition to the maximum building heights listed in
Paragraphs B. 1. and B.2. hereofi
C. Minimum Lot Area: No minimum lot area requirement.
D. Parking Requirements
1. Golf club, golf related facilities, tennis facilities and spa - Three (3) spaces for
every one thousand (1,000) square feet of gross floor area of the golf club.
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For purposes of this Section, the calculation of gross floor area shall not
include under-building parking areas or cart storage facilities.
2. Residential - A minimum of two (2) parking spaces per unit shall be reqt~ired.
3. Accessory uses and structures - No separate parking area is required for any
accessory use within the Village Center.
Building separation: Twenty feet (20') between residential and non-residential
structures. Building separation shall be determined by applicable fire code
requirements.
Minimum dwelling unit size: Townhouse and/or multi-family dwelling units shall
be a minimum unit size of 1,200 square feet. Golf cabanas shall be a minimum
unit size of 350 square feet, not to exceed a maximum of 1,000 square feet.
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SECTION VI
6.1
PURPOSE
PRESERVE DISTRICT
6.2
The purpose of this Section is to identify permitted uses and development standards for
areas within the Tuscany Reserve PUD community designated on the Master Plan as the
Preserve District.
GENERAL DESCRIPTION
6.3
Areas designated as Preserve on the Master Plan are designed to accommodate a full
range of conservation and limited water management uses and functions. The primary
purpose of the Preserve District is to retain viable, naturally functioning wetland and
upland systems to allow for restoration and enhancement of impacted or degraded
wetland systems and to prOvide an open space amenity for the enjoyment of the Tuscany
Reserve PUD residents.
USES PERMITTED
No building or structure, or part thereof, shall be erected altered or used, in whole or in
part, for other than the following, all subject to the approval of applicable state, regional
or federal permits:
A. Principal Uses
1. Parks, passive recreational areas and boardwalks.
2. Biking, hiking, and nature trails.
3. Equestrian paths. ,~
4. Wildlife sanctuary.
5. Pathways and/or bridges, subject to appropriate approvals by permitting
agencies. ,.
6. Recreational shelters and restrooms, in Preserve upland areas.
7. Drainage, water management, and utilitarian facilities, subject to all
necessary permits.
Accessory uses and structures such as walls, berms and signage, subject to
compliance with the provisions of this PUD.
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6-1
6.4 DEVELOPMENT STANDARDS
6.5
Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of
the Collier County LDC.
Minimum building setback shall be twenty-five feet (25') for principal structures
and zero-feet (0') for accessory structures.
B. Maximum height of structures - Twenty-five feet (25').
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the Collier County
LDC in effect at the time of site development plan approval. Unless otherwise
indicated, required yards, heights, and floor area standards apply to principal
structures.
Clearing of preserve areas shall not be permitted if the result yields an amount of
remaining acreage below the minimum requirement of 44.96 acres.
PRESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Section 3.2.8.4.7.3 of the
LDC for lands included in the Preserve District. In addition, non-exclusive conservation
easement(s) may also be required by other regulatory agencies with jurisdiction over
Preserve District lands. In addition to complying with the provisions of the LDC, said
easement(s) shall be provided in accordance with the terms set forth in any applicable
permit granted by any agency. The developer, its successor(s) or assigns including the
master property owners' association shall be responsible for control and maintenance of
lands within the Preserve District.
6-2
SECTION VII
GENERAL DEVELOPMENT COMMITMENTS
7.1
7.2
7.3
PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
GENERAL
All facilities shall be constructed in strict accordance with final site development plans,
final subdivision plats, and all applicable State and local laws, codes, and regulation
applicable to this PUD. Except where specifically stated otherwise, the standards and
specifications of Division 3.2 of the LDC shall apply to this project even if the land
within the PUD is not to be platted. The developer, its successors and assigns, shall be
responsible for the commitments outlined in this Document.
The developer, its successors or assignees, shall follow the Master 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
of the developer is bound by the commitments within this Document.
PUD MASTER PLAN
Exhibit "A", the PUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special land
use boundaries, shall not be construed to be specific and may be adjusted during
the platting or site development plan approval process. Subject to the provisions
of Section 2.7.3.5 of the LDC, PUD amendments may be made from time to time.
All necessary easements, de'cations, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
The following shall be considered minor changes and refinements, subject to ..the
limitations of this PUD:
Reconfiguration of preserve areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review.
Reconfiguration of lakes, ponds, canals, or other water management
facilities where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County, and where there
is no further encroachment into preserve areas.
3. Reconfiguration of design features.
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7.4
4. Internal realignment of rights-of-way other than a relocation of access
points to the PUD.
5. Reconfiguration of residential parcels when there is no encroachment into
preserve areas.
SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
7.5
7.6
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Initiation of construction on the Tuscany Reserve PUD project began in the
calendar year 2002 with completion of the project infrastructure anticipated to
occur in stages.
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Monitoring Report: An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County LDC. Said report shall be accompanied by
an affidavit signed by the owner of the property attesting to the veracity of the
Report.
C. The project is subject to the sunsetting provisions of Section 2.7.3.4 of the LDC.
POLLING PLACES
Pursuant to Section 2.6.30 of the LDC, provision shall be made for space within a
common building for the purpose of accommodating the function of an electoral polling
place.
An agreement shall 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 to the
developer that acquire ownership of such common areas including, but not limited to,
condominium associations, homeowners' associations. This agreement shall provide that
community recreation/public buildings/public rooms or similar common facilities shall be
used for a polling place if determined to be necessary by the Supervisor of Elections.
SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
Project landscape buffers and perimeter berm if provided shall be in conformance
with Section 2.4.4.18 of the LDC, except as set forth below.
The berm adjacent to the 1-75 right-of-way may include landsca~ped
terraces, decorative retaining walls not exceeding 5 feet in height per wall
section and decorative architectural features. The berm shall, at a
minimum, contain landscape material in accordance with the above
requirements of the LDC and shall be consistent with Exhibit "B",
Interstate 75 Buffer Cross-section.
No landscape buffers shall be required adjacent .to lakes, golf course or
open space tracts, where structures are permitted with O-foot setbacks
from said tracts.
Fences or walls located adjacent to Interstate 75 and adjacent to the project
northern Preserve Area shall be permitted at a maximum of 12 feet in
7-2
height. Such fences and walls shall be permitted to be located on the
property line.
Sidewalks/bike paths shall be in conformanCe with Subsection 3.2.8.3.17 df the
LDC, except as set forth below.
Section 3.2.8.3.17.3 of the LDC The primary project entry road and loop
road system shall have a minimum eight (8') foot wide pathway on one
side of the street, or a five (5') foot wide pathway on both sides of the
street, which may meander in and out of the right-of-way. The pathway
may be constructed of alternative surfacing material such as crushed shell
pavers or stone.
Private streets shall conform with the fight-of-way width requirements of
Subsection 3.2.8.4.16.5 of the LDC except as follows: The primary drive shall be
in compliance with Exhibit "D", Typical Tuscany Reserve R.O.W. Cross Section:
Cul-de-sacs' and local streets less than one thousand feet (1,000') in length
are required to have a minimum forty foot (40') fight-of-way width and
two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5
of the LDC.
All other cul-de-sacs are required to have a minimum forty foot (40')
fight-of-way width and two ten foot (10') wide travel lanes as required by
Subsection 3.2.8.4.16.5 of the LDC.
All other local streets are required to have a minimum forty foot (40')
right-of-way and two ten foot (10') wide travel lanes as required by
Subsection 3.2.8.4.16.5 of the LDC.
Cul-de-sacs may exceed the one thousand foot (1,000') length maximum
of Subsection 3.2.8.4.16.6 of the LDC.
Subsection 3.2.8.4.16. i~0 of the LDC tangents between reverse curves shall
not be required.
Street grades may exceed the four percent (4%) maximum of Subsection
3.2.8.4.16.14 of the LDC provided that applicable Florida Department of
Transportation, Manual of Uniform Minimum Standards (FDOT MUMS)
and AASHTO criteria are met.
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7.7
Subsection 3.2.8.3.19 of the LDC: The standard that street name markers
shall be approved by the County Engineer and conformance with
U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement pairiting,
striping and reflective edging of main road system will be waived. Traffic
circulation signage shall be in conformance with
U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. Decorative paver brick
patterns of varying color may be utilized to demarcate stop bars and lane
striping.
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Subsection 3.2.8.4.10 of the LDC: The standard that PRMs be installed in
a typical water valve cover shall be waived subject to monumentation
being installed in accordance with Chapter 177, Florida Statutes.
Subsection 3.2.8.4.16.8 of the LDC: The minimum back of curb radii for
internal roads shall be 30 feet with the exception that both entrance road
intersections shall have curb radii of 40 feet.
10.
Subsection 3.2.8.4.16.9 of the LDC: The minimum 100 foot tangent
standard at intersections may be reduced subject to a certified traffic study
based upon design speed, site distance and adequate recovery zone. This
requirement shall not be waived at both project access points.
11.
Subsection 3.2.8.4.21 of the LDC: The standard for blank utility casings
shall be waived.
D. Lake excavations adjacent to rights-of-way shall be in compliance with Section
3.5.7.1.1 of the LDC; except that Lake 5, as shown on the Conceptual PUD
Master Plan may be constructed such that the control elevation is a minimum of
10 feet from the right-of-way line, as shown in Exhibit "E", provided that a
guardrail or structural wall is constructed in conformance with applicable FDOT
guardrail or barrier wall criteria.
TRANSPORTATION
The development of this PUD shall be subject to and governed by the following
conditions:
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All traffic control devices used must be in accordance with the traffic control
standards, as amended, and as adopted by the Florida Department of
Transportation (FDOT), and as required by Florida Statutes - Chapter 316,
Uniform Traffic Control Law.
All traffic speed limit postings must be in accordance with the Speed Zoning
Manual, as amended, and as adopted by the Florida Department of Transportation
(FDOT), and as required by Florida Statutes - Chapter 316, Uniform Traffic
Control Law.
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Arterial level street lighting must be provided at all development points of ingress
and egress. Said lighting must be in place prior to the issuance of the first
permanent certificate of occupancy.
External and internal improvements determined by Collier County Transportation
Staff to be essential to the safe ingress and egress to the development will not be
considered for impact fee credits.
Road Impact Fees will be paid in accordance with the appropriate Collier County
Ordinance.
Any and all points of ingress and/or egress as shown on any and ail plan
submittal(s) are conceptual in nature and subject to change, as determined by
Collier County Transportation Staff. The County reserves the right to modify or
close any ingress and/or egress location(s) determined to have an adverse effect
on the health, safety and welfare of the public. These include, but are not limited
to, safety concerns, operational circulation issues and roadway capacity problems.
Any and all median opening locations shail be in accordance with the Collier
County Access Management Policy, as amended, and LDC, as amended. Median
access and control will remain under the County's authority. The County reserves
the right to modify or close any median opening(s) determined to have an adverse
effect on the health, safety and welfare of the public. These include, but are not
limited to, safety concerns, operational circulation issues and roadway capacity
problems.
Nothing in any development order shall vest the right of access over and above a
right in/right out condition. Neither will the existence of, nor lack of, a future
median opening be the basis for any future cause of action for damages against
the County by the developer(s), its successor(s) in title, or assignee(s).
The development shall be designed to promote the safe travel of ail users
including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be
separated from vehicular traffic areas in accordance with recognized standards
and safe practices, as determined by Collier County Transportation Staff.
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The developer(s) shall provide any and all site related transportation
improvement(s) including, but not limited to, any and ail necessary turn lane(s)
improvement(s) at the development entrance(s) prior to the issuance of the first
permanent certificate of occupancy. Said improvements are considered site
related, and therefore, do not qualify for impact fee credits. When said turn lane
improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined
to be necessary, right-of-way and/or compensating right-of-way, will be provided
in conjunction with said improvement(s), as determined by Collier County
Transportation Staff.
All work within Collier County rights-of-way shall meet the requirements of the
Collier County Right-of-Way Ordinance.
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All internal access(es), drive aisles and sidewalk(s) not located within the County
right-of-way will be privately maintained by an entity created by the
Developer(s), its successor(s) in title, or assignee(s).
7.8
For the north/south Livingston Road segment fronting the Tuscany Reserve PUD,
the developer shall dedicate and convey 50 feet of right-of-way in fee simple title
along with a 15-foot wide easement for utility and/or right-of-way purposes. For
the Livingston Road east/west segment, the Developer shall dedicate and convey
150 feet of right-of-way in fee simple title north of the section line of Section 12.
This east/west specified right-of-way and utility easement shall be transferred to
Collier County prior to the recordation of the Tuscany Reserve Phase II Plat.
These dedications shall follow the requirements of Subsection 2.2.20.3.7 of the
LDC
The developer shall pay the cost of revising and supplementing County roadway
and utility design plans for Livingston Road to accommodate access, drainage,
and utility needs for the project.
As a condition of approval by Collier County of the permanent access along the
north/south Livingston Road alignment, the developer shall obtain a written
statement of no objection by the Lee County Transportation Department.
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The developer shall dedicate the area for lake or pond storage for stormwater
attenuation and water quality for the ultimate four or six lane condition of the
proposed east/west Livingston Road segment fronting the project. Collier County
shall determine appropriate compensation to the developer for such provisions as
part of an agreement for roadway access construction and right-of-way
conveyance. Collier County shall either grant road impact fee credits to the
developer or issue direct monetary cash payments for such stormwater
management commitments to be determined by the aforesaid Agreement.
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The developer shall pay its fair, share cost of traffic signals required at the project
access points. The traffic signals will be designed, installed, owned, operated,
and maintained by the Collier County Transportation Operations Department.
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The developer, or its assigns, shall install and perpetually maintain noise
mitigation/abatement systems along the north/south and east/west segments.of
Livingston Road. This requirement is based upon noise studies by the developer
together with vehicular traffic forecasts under the two, four and six lane
conditions.
The developer shall design and construct approved roadway access and turn lane
facilities for the north/south and the east/west Livingston Road segments for
either, or both, two-lane and four-lane conditions.
UTILITIES
The development of this PUD shall be subject to and governed by the following
conditions:
7-6
Water distribution, sewage collection and transmission lines to serve the project
are to be designed, constructed, conveyed, and/or owned and maintained in
accordance with Collier County Ordinance No. 01-57, as amended, and bther
applicable County rules and regulations.
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All customers connecting to the water distribution and sewage collection facilities
to be constructed will be customers of the County and will be billed by the
County in accordance with the County's established rates.
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The on-site water distribution system serving the project must be connected to the
County water main and must be consistent with the main sizing requirements
specified in the County's Water Master Plan and extended throughout the project.
During design of these facilities, the following features shall be incorporated into
the distribution system:
1. Dead-end mains shall include dead-end flushing hydrants.
Stubs for future system interconnection with adjacent properties shall be
provided to the property lines of the project at locations to be mutually
agreed to by the County and the developer during the design phase of the
project.
The developer shall be responsible for extending the utilities to the project
entrance.
7.9 ENVIRONMENTAL
The development of the PUD shall be subject to and governed by the following
conditions:
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by
Environmental Services Staff. Removal of exotic vegetation shall not be the sole
mitigation method for impacts to Collier County jurisdictional wetlands.
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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 of the Florida Statutes.
Buffers and setbacks shall be in accordance with Section 3.2.8.4.7.3 of the LDC.
Buffers around preserved jurisdictional wetlands shall be in accordance with the
State of Florida Environmental Resource Permit Rules. Preserved jurisdictional
wetlands and surrounding buffers shall be incorporated into the conservation areas
which shall be platted.
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservations areas, shall be submitted
to Environmental Services Staff for review and approval prior to final site
plan/construction plan approval.
7-7
The developer shall comply with the guidelines and recommendations of the
Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts
to protected wildlife species.
The developer shall follow the United States Fish and Wildlife Service (USFWS)
Standard Protection Measures for the eastern indigo snake and shall prepare an
Eastern Indigo Snake Protection Plan. The Plan shall be approved by the USFWS
and shall include: (1) a protection/education plan; (2) a listing of environmental
personnel charged with overseeing/coordinating protection measures; and (3)
selection of a suitable relocation site prior to the initiation of clearing or
construction activities.
7.10 ENGINEERING
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This project shall be required to meet all County ordinances in effect at the time
final construction documents are submittal for development approval.
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Design and construction of all improvements shall be subject to compliance with
appropriate provisions of Division 3.2 of the LDC.
Prior to final site development plan approval a right-of-way permit will be
required.
7.11 WATER MANAGEMENT
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A copy of the South Florida Water Management District (SFWMD) Surface
Water Permit shall be submitted prior to final site development Plan approval.
An excavation permit will be required for the proposed lake(s) in accordance with
Division 3.5 of the LDC and SFWMD Rules.
C. The developer shall obtain all necessary state, federal and local water
management related approvals~prior to final development order approval.
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Water management facilities for the project will be designed and constructed
serving the 461+ acres of residential lands discharging via the Interstate 75 right-
of-way drainage conveyance. According to approved SFWMD permiI,(s),
discharge from the site is directed to the Mediterra system, the 1-75 right-of-way,
and to the Livingston (east-west) Road right-of-way.
7.12 PLANNING
Pursuant to Section 2.2.25.8.1 of the LDC, if during the, course of site clearing,
excavation or other construction activity a historic or archaeological artifact is
found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
7-8
7.13 ACCESSORY STRUCTURES
7.14
Accessory structures shall be constructed simultaneously with, or following, the
construction of the principal structure except that temporary sales buildings, trfiilers,
marketing facilities, contractors' and builders' storage and office facilities and the like,
may be erected and utilized during the period of project development and marketing
consistent with applicable requirements of the LDC. Such temporary buildings shall be
removed upon completion of the marketing or construction activity to which they are
accessory.
SIGNS
All Collier County sign regulations in force at the time of approval of this PUD
rezoning action shall apply unless such regulations are in conflict with the conditions
set forth in this Section, in which case the PUD Document shall govern.
B. Boundary Marker MonUments/Signs:
Boundary marker monuments containing project identification signs designed to
promote the project or any major use within the project boundaries shall be
permitted on Livingston Road (north/south and east/west segments) and Interstate
75.
Boundary marker sign copy area shall not exceed a height of 8 feet above the
crown of the nearest road, unless the sign, or wall containing the sign, is
constructed on a perimeter landscape berm, in which case the sign shall not
exceed a height of 8 feet.
3. Boundary marker monuments/signs shall be lighted provided all lights are
directed to the sign or are shielded.
4. A maximum of six (6) boundary marker monuments/signs shall be permitted, with
a maximum of two-boundary marker signs located along Interstate 75.
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The sign face area of each side of the boundary marker monument/signs shall not
exceed 64 square feet in area for those located on Livingston Road and 72 square
feet in area for those signs located along Interstate 75. Decorative architectural
elements shall be incorporated into the sign structure; however the architectural
treatment shall not exceed a height of 15 feet from the base of the sign copy.
Each side of a boundary marker monument/signs shall contain individual project,
or direction identifications (message areas), as long as the total sign face area does
not exceed the maximum area identified in Paragraph 7.14.B.5..
C. Project Entrance Signs:
1. Three ground or wall-mounted entrance signs shall be located at each project
entrance on Livingston Road including both sides of the entrance right-of-way
7-9
7.15
7.16
and in the entry median. Such signs shall contain only the name of the
subdivision and the insignia or motto of the development.
No sign face area shall exceed 80 square feet and the total sign face areh for
entrance signs shall not exceed 160 square feet. The sign face area shall not
exceed the height or length of the wall or monument upon which it is located.
3. The setback for the signs from Livingston Road rights-of-way and any perimeter
property line shall be 5 feet.
Entrance signs shall not exceed a height of 20 feet above the finished ground level
of the sign site. For the purpose of this provision, finished grade shall be
considered to be no greater than 18 inches above the highest crown elevation of
the nearest road, unless the wall or monument is constructed on a perimeter
landscape berm.
D. Subdivision Signage:
A maximum of three residential and community facilities entrance signs may be
located at each subdivision entrance including both sides of the entrance street
and within the entry median. Setbacks from internal road rights-of-way shall be 0
feet. Such signs shall be used to identify the location of neighborhoods,
clubhouse, recreational areas and other features within the Tuscany Reserve PUD.
Individual signs shall be a maximum of 80 square feet per sign face area. Such
signs shall be a maximum height of 12 feet.
Directional or identification signs may be allowed internal to the subdivision.
Such signs shall be used to identify the location or direction of approved uses
such as sales centers, model centers, recreational uses, information centers, or the
individual components of the development. Individual signs shall be a maximum
of 6 square feet per side or signs maintaining a common architectural theme may
be combined to form a menu board with a maximum size of 64 square feet per
side and a maximum height of 8 feet.
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Residential and community facilities entrance signage decorative walls and
architectural features shall be permitted consistent with Exhibit "C", "Typical
Estate Entry Feature".
LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4
of the LDC in effect at the time of building permit application.
PROVISION FOR OFF-SITE REMOVAL OF EARTHERN MATERIAl.
The excavation of earthen material and its stockpiling in preparation of water
management facilities or other water bodies is hereby permitted. If it is demonstrated
that fill activities on those buildable portions of the project site are such that there is a
surplus of earthen material, then its off-site disposal is also hereby permitted subject to
the following conditions:
7-10
Ao
Excavation activities shall comply with the definition of a "development
excavation" pursuant to Division 3.5 of the LDC whereby off-site removal shall
be limited to ten percent (to a maximum of 20,000 cubic yards) of the' total
volume excavated unless a commercial excavation permit is received..
B. All other provisions of said Division 3.5 of the LDC are applicable.
7-11
CENTER
I. AK]EI
RESIDENTIAL- 118.1 Ac.
~ GOLF OPEN ~PACE- 262.7
PRESERVE - 59.0
VILLAGE CENTER - 21.5
NOTE;
LAND USE AREAS CONCEPTUAL
AND SUBJECT TO RELOCATION/
CHAINGE PRIOR TO CONSTRUCTION
PERMI'I-nNG
LMNGSTOI~ ROAD
I I
1;4
HIgH
1-75
VILLAGE CENTER~,'
HEIDT & ASSOCIATES, Ino.
.Tampa * Fort Myers
E~ME~ ~ ~e: 941 ~2-7275
~D8~ ~~ ' F~ ~1~2-21~
TUSCANY RESERVE
PUD MASTER PLAN EXHIBIT A
Prepared Foc WC/
Order No.: WST-TE-030
Dwn. RG'M I Ck. RM
D~t,: o5/~o/o2
SHEET I
1/24/03 PRESERVE ACREAGE OF I
~ °
~m,~ m~ HEIDT & ASGOCIATE8, Irt~
.~~r~ Tampa * ;ort M?~
· La4~OSC~E ~ FAX: 941~82-2103
Prepored Fo~. ~
~eas~ ~/=o/o=
TUS I~ANY RESERVE
EXHIBIT B - 1-75 BUFFER
TUSCANY RESERVE DRIVE
EXHIBIT D
07/12./0~ ~,-der No,~'~T-TR-Q30
J
~=~p,aa~ a~. HEID'r & A880CIATES, Ino.
c.t. Tampa + Fort Myers
.ENGINI!~_RIN~ ~'~rt M~rs ~
~ ~ Ivlyere, ~ 83e12
FAX: 2,3~-482-2103
TUSCANY RESERVE DRIVE"
EXHIBIT E
Prepared For:, WC/COMMUNrrlE$
I~te: 01-:-17-05 [iJOB NO~ WST-I'R
SHEET I OF I .
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. 2003-28
Which was adopted by the Board of County Commissioners on
the 24th day of June, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st day
of July, 2003.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to
County Commis'~ioners
By: Marie u±os, . ~"~':.' ~'~' !:'
Deputy