Ordinance 2003-52ORDINANCE NO. 03- 5 2
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
~ _F_O_R THE UNINCORPORATED AREA OF COLLIER COUNTY,
"~'- ,/-, "~%~_~~BI~Ei~Y AS~6N..DING THE OFFICIAL ZONING ATLAS MAP
i,~ ~_, ..~ ~.~u N; BY CHANGING THE ZONING
~ ~ ,~ --~I~LASSIFICATION OF THE HEREIN DESCRIBED REAL
*~ ~,_ ~'[ROPERTY FROM A RURAL AGRICULTURE TO "PUD"2}';:::'
c~'~" 2.~LANNED UNIT DEVELOPMENT KNOWN AS TUSCANY COV~r~
~ -~---" ..;'~uD LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD
'~'~_ ~,~ ,~/(CR # 951), IN SECTION 26, TOWNSHIP 48 SOUT
~.O~,, _~. H, RANGE 26
LORI ,
~ ACRES' AND BY P~Xr~n'~ ................ OF 78.07
, ~x~v~n~u al~ gPPgUIIVg DATE.
WHEREAS, Dwight Nadeau, of RWA, Consulting, Incorporated, representing A.R.M.
Development Corporation of S.W. FL, Inc., 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 26,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture
to "PUD" Planned Unit Development in accordance with the Tuscany Cove PUD Document, attached
hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map
numbered 8626N, as described in Ordinance Number 91-102, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this')3rc~ day of ,_~l~p~/'ffiq~r~ ,2003.
.DWIGI-f'TjE. al ~CK',:~RK -""
Approved as
and Legal Suffi~/eaiJy'
Mmjori~M. Student
Assistant County Attorney
PUDZ-2002-AR-3011/RB/sp
COLLIER C~NY, F~7A
BY: _,~~~
TOM HENNING, Ci~IAIRMAN
q-a3m
This Ordinance fired with
tary of ~.at~,s Off. ic~edl~
day of ~
and acknowledgernq%t,~ that
filin~g~[~qive_d~t~is ~ day
of
TUSCANY COVE PUD
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING TUSCANY COVE PUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
A.R.M DEVELOPMENT CORP. OF S.W. FL, INC.
8224 LMMOKALEE ROAD
NAPLES, FLORDA 34119
PREPARED BY:
( ONSULTIN(~
-I,. ~.
3050 NORTH HORSESHOE DRIVE
SUITE 270
NAPLES, FLORIDA 34104
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
9/4/03
3003
EXHIBIT "A"
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TABLE OF CONTENTS
List of Exhibits, Tables and Appendix
Statement of Compliance
Section I
Section l]
Section lII
Section IV
Section V
Property Ownership and Description
Project Development Requirements
Residential Development Standards
Preserve Area
Development Commitments
i
ii
I-I
II-1
1II-1
IV-1
V-1
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LIST OF EXHIBITS~ TABLES AND APPENDIX
EXHIBIT "A"
TABLE I
TABLE l/
APPENDIX "A"
PUD MASTER PLAN
PROJECT LAND USE TRACTS
RESIDENTIAL DEVELOPMENT
STANDARDS
TYPICAL CROSS SECTIONS
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STATEMENT OF COMPLIANCE
The development of approximately 78.07 acres of property in Collier County, Florida as a Planned
Unit Development to be known as the Tuscany Cove PUD will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The
residential and recreational facilities of the Tuscany Cove PUD are consistent with the growth
policies, land development regulations, and applicable comprehensive planning objectives of each
of the elements of the GMP for the following reasons:
o
The subject property for development is within the Urban Mixed Use District/Urban
Residential Subdistrict as identified on the Future Land Use Map as provided for in
Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are
consistent therewith.
The project is proposed to be a residential development located less than one mile from a
designated Interchange Activity Center (Activity Center 4/3). The Density Rating System of
the FLUE provides for a three (3) dwelling unit per gross acre density bonus when a
proposed project is within one mile of an Activity Center. This density bonus of three (3)
dwelling units per gross acre added to the base density of four (4) dwelling units per gross
acre provides for a gross project density of seven (7) dwelling units per acre. The proposed
density of the Tuscany Cove PUD is 4.8 units per gross acre, which is less than what is
provided for by the FLUE Density Rating System, and is therefore consistent with the FLUE,
Policy 5.1. of the Collier GMP.
The development will be compatible with and complementary to existing and planned
surrounding land uses as required by Policy 5.4 of the FLUE.
The development of the Tuscany Cove PUD will result in an efficient and economical
extension of community facilities and services as required in Policy 3.1.g. of the FLUE.
The Tuscany Cove PUD is consistent with and furthers Policy 5.5 of the FLUE in that it is
using existing land zoned (designated) for urban uses.
The Tuscany Cove PUD implements Policy 5.6 of the FLUE in that more than 60% of the
project will be open space or reserved for conservation purposes.
The native vegetation provisions of the Tuscany Cove PUD implements Policy 6.1.1 of the
Conservation Coastal Management Element in that "native preserves" will be incorporated
into the project design.
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ii
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1
1.2
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 the Tuscany Cove PUD.
LEGAL DESCRIPTION
A PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER
OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA;
THENCE SOUTH 89°59'56'' EAST, 100.08 FEET ALONG SOUTH LINE OF
NORTHWEST QUARTER OF SAID SECTION 26 TO THE EAST LINE OF A CANAL
AS RECORDED IN O.R. BOOK 12, PAGE 348 AND THE POINT OF BEGINNING;
THENCE SOUTH 89°59'56'' EAST, 2542.62 FEET ALONG SOUTH LINE OF
NORTHWEST QUARTER OF SAID SECTION 26 TO THE SOUTHEAST CORNER OF
THE NORTHWEST QUARTER OF SAID SECTION 26;
THENCE NORTH 02o17'05" WEST, 1338.44 FEET ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 26 TO THE NORTHEAST CORNER OF
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26;
THENCE, NORTH 89059'07" WEST, 2542.01 FEET ALONG THE NORTH LINE OF
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26 TO THE
EAST LINE OF SAID CANAL;
THENCE, SOUTH 02°15'27" EAST, 1339.02 FEET ALONG THE EAST LINE OF SAID
CANAL TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
CONTAINING 78.07 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE SOUTH LINE OF SAID SECTION 26, AS BEING
SOUTH 89059'56" EAST.
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I-1
1.4
1.5
1.3
PROPERTY OWNERSHIP
The subject property is owned by:
Dean and Renee L. Peters (Folio No. 00193800104);
Hazel P. S outhall (Folio No. 00192400000);
Mavis L. Campi, Trustee (Folio No. 00193000001);
Alfred B. Southhall Jr., Trustee (Folio No. 00192440002); and
John J. Campiello (Folio No. 00192120005).
The properties are under contracts for purchase with A.R.M. Development Corp. of S.W.
Florida, Inc.
DEVELOPER
The Tuscany Cove PUD is intended to be developed by A.R.M Development Corp. of S.W.
FL, Inc. All references to the "Developer" as may be contained in this PUD Document shall
mean A.R.M Development Corp. of S.W. FL, Inc., unless, and until the subject property
described and depicted in this PUD Document is conveyed to another entity or person, or
assigned. It is the responsibility of A.R.M Development Corp. of S.W. FL, Inc. to notify
Collier County, in writing, of the land conveyance, of the subject property described and
depicted in this PUD Document within six months from the actual conveyance.
PHYSICAL DESCRIPTION
The property is located in the west half of Section 26, Township 48 South, Range 26 East.
The proposed project site is mostly undeveloped, but has two existing single-family homes
located in the southwesterly portion of the property. Historically timbering and cattle
grazing have occurred on the property. The majority of the property's jurisdictional
wetlands have been extensively infested with the exotic species, melaleuca. The property is
generally without topographic relief, with elevations ranging from 10.8 feet to 13.8 feet
above mean sea level. The site contains several small areas of jurisdictional wetlands that
are characterized as transitional wetlands in which the predominant vegetation is melaleuca,
with a mix of pine and cypress and associated upland and wetland plants.
1.6
SHORT TITLE
This Ordinance shall be known and cited as the
Ordinance".
"Tuscany Cove Planned Unit Development
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I-2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1
2.2
Bo
Co
Do
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County Ordinances, the respective land uses of the
Tuscany Cove PUD development, as well as other project relationships.
The Tuscany Cove PUD shall be a residential development. The amenities proposed to be
provided in the project include structures and areas to provide social and recreational space,
lakes, natural and landscaped open spaces, and a variety of passive and active recreational
opportunities that will function as a neighborhood park for the project residents. Access to
the property will be from Collier Boulevard (C.R. 951), and will be in alignment with the
entrance to the Pebblebrook Lakes Subdivision. That segment of Collier Boulevard between
Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane
divided roadway programmed to commence construction in 2005 (Capital Road Project
#65061).
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services will be provided as deemed appropriate.
GENERAL
mo
Regulations for development of the Tuscany Cove PUD shall be in accordance with
the contents of this Document, the PUD-Planned Unit Development District and
other applicable sections and parts of the Collier County Land Development Code
(LDC) in effect at the time of building permit application. Where these PUD
regulations fail to provide developmental standards, then the provisions of the most
similar district in the County Land Development Code shall apply.
This PUD Document and attendant PUD Master Plan is generally tailored to provide
specific development standards for the residential product proposed by the
Developer.
Unless otherwise required, 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 Cove PUD shall become part of the regulations that
govern the manner in which the PUD site may be developed.
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II-1
Fo
Unless modified, waived or excepted by this PUD, the provisions of other sections of
the LDC, where applicable, remain in full force and effect with respect to the
development of the land that comprises this PUD.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities, of the Land Development Code
2.3
DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and uses of land is illustrated
graphically by Exhibit "A", PUD Master Plan.
TABLE I
PROJECT LAND USE TRACTS
TYPE
TRACT "R" UNITS/FT. ACREAGE+
RESIDENTIAL 375 73
TRACT "P" PRESERVE 0 7.42
2.4
Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas shall be in the same general
configuration and contain the same general acreage as shown by Exhibit "A". Minor
modification to all tracts, lakes or other internal boundaries may be permitted at the
time of final plat or site development plan (SDP) approval, subject to the provisions
of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County LDC, or as
otherwise permitted by this PUD Document.
In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within or
along the various tracts as may be necessary.
MAXIMUM PROJECT DENSITY
A maximum of 375 residential dwelling units may be constructed in the total project area.
The gross project area is approximately 78.07 acres. The gross project density, therefore,
will be a maximum of 4.8 dwelling units per acre. Should assisted living facility (ALF)
development be proposed, the project density shall be reduced by one (1) dwelling for every
four (4) ALF units proposed.
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11-2
2.5
2.6
PROJECT PLAN APPROVAL REQUIREMENTS
mo
Prior to final local development order the issuance of all or part of the PUD, final
plans of all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the PUD Master Plan and
the Collier County LDC.
Bo
C°
Do
Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Any division of property and the development of the land shall be in compliance with
Division 3.2 of the Collier County LDC, and the platting laws 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 prior to the issuance of a building permit or other development order.
Appropriate instruments will be provided at the time of infrastructural improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities.
Prior to the development of zero lot line products, or single-family attached units that
follow the development standards set forth in Subsections 3.4.B.2), 3.4.C.2),
3.4.C.3), 3.4.D.2), and 3.4.D.3) of this Document, in which each unit is on a separate
platted lot, the Developer shall submit a preliminary subdivision plat, or similar
instrument, showing the building envelope of all of the lots intended for zero lot line
construction. This preliminary subdivision plat will be submitted to the Planning
Services Department for purposes of indicating zero lot line relationships, achieving
the minimum space between buildings, and ensuring that no one lot is adversely
impacted by failing to provide the required side-yard in a uniform manner. No side-
yards are required between units where multiple units, intended for fee simple
conveyance, are contained in a single principal structure. The preliminary
subdivision plat shall also show typical lots, and the footprints of the proposed
residences.
LAKE SETBACK AND EXCAVATIONS
Lake setbacks shall conform with the requirements described in Sections 3.5.7.1.1. and
3.5.7.1.2. of the LDC. Lakes may be excavated to the maximum commercial excavation
depths set forth in Section 3.5.7.3.1. of the LDC. Removal of fill from the Tuscany Cove
PUD shall be limited to an amount equal to up to ten percent (10%) (to a maximum 20,000
cubic yards), of the total volume excavated unless a commercial excavation permit is
received.
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2.7 RIGHTS-OF-WAY/PARKING FACILITIES
2.8
2.9
Ao
All platted project streets shall have a minimum 50-foot right-of-way, a deviation
from Appendix B, Typical Street Section, B-4 and B-5 which requires 60 feet, to
allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, PUD
Master Plan), the streets be private, the streets be classified as local streets.
Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, for engineering and safety considerations
prior to installation.
Bo
Off-street parking facilities required for multi-family uses shall be accessed by
parking aisles or driveways that are separate from any roads that serve more than one
development. A green space area of not less than ten (10') feet in width as measured
from pavement edge shall separate any parking aisle or driveway from any abutting
road.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master
Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County
LDC. Minor changes and refinements as described in Section 5.3.C. of this PUD Document
may be made in connection with any type of development or permit application required by
the Collier County LDC.
DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shall be provided for water management areas, rights-of-way, utilities and other
purposes as required. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time of adoption of this Ordinance
establishing the Tuscany Cove PUD.
Whenever the Developer elects to create land area and/or recreation amenities which
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of residential units or real property within the Tuscany Cove PUD, the Developer
shall provide appropriate legal instruments for the establishment of a Property Owners'
Association, or Master Condominium Association, whose function shall include provision
for the perpetual care and maintenance of all common facilities and open space, subject
further to the provisions of Section 2.2.20.3.8. of the Collier County LDC.
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11-4
2.10
2.11
2.12
MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
Models, sales/rental centers and other uses and structures related to the promotion
and sale and/or rental of real estate such as, but not limited to, pavilions, viewing
platforms, gazebos, parking areas, and signs, shall be permitted principal uses
throughout the Tuscany Cove PUD subject to the requirements of Division 2.3,
Division 2.4, Division 2.5, and Section 2.6.33.4., respectively, of the Collier County
LDC.
Bo
Temporary use permits for sales centers, and model homes may be approved
subsequent to zoning approval. Temporary use permit applications, and associated
SDP application(s) for residential models, may be submitted concurrently with
applications for PSP, to depict the location of the model units within future platted
lot. All model units shall be located on lots that will be platted through subsequent
development order approvals.
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The existing single-family principal structures may be used for temporary sales
centers, and construction operation/management offices. These structures may be
served by the existing well and septic systems.
The sales centers may be serviced by temporary well and septic systems.
The clubhouse facilities may be used as a temporary sales facility, and may also be
utilized to market residential products within the boundaries of the Tuscany Cove
PUD.
CLUBHOUSE
Construction approvals for the clubhouse and related common recreational facilities may be
approved subsequent to zoning approval. SDP application(s) for the clubhouse and related
facilities may be submitted concurrently with applications for PSP approval. The purpose of
which is to depict the location of the clubhouse and related facilities within a future platted
tract. The clubhouse and related facilities shall be located on a tract that will be platted
through subsequent development order approvals.
EXISTING STRUCTURES
The existing principal structures within the PUD boundaries may be retained, and utilized
for temporary uses as set forth in Section 2.10 of this PUD Document. Those existing
structures may be retained through the construction and platting phases of the development.
11-5
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2.13 FILL STORAGE
2.14
2.15
Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County LDC, fill storage
is generally permitted as a principal use throughout the Tuscany Cove PUD. Fill material
generated may be stockpiled within areas designated for residential development. Prior to
stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with
plans showing the locations and cross-sections of the excavated material shall be submitted
to Collier County Planning Services Staff for review and approval. The following standards
shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: Thirty-five (35) feet
C. Fill storage shall not be permitted in Preserve Areas.
REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Tuscany Cove PUD requires a permit from a
local, State, or Federal agency with jurisdiction over the property proposed for development,
the Developer shall obtain such permits prior to final development order approval.
NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Section 3.9.5.5.3 of the Collier County LDC; a minimum of 7.47 acres (25% of
the viable, naturally functioning native vegetation on site) is required to be retained or
replanted.
Viable, naturally functioning native vegetation areas do not include those areas of vegetation
that have greater than a seventy-five percent (75%) canopy coverage of exotic species.
The PUD Master Plan depicts six Native Preserves that will be platted as Native Preserve
Easements. The Native Preserves depicted are either all retained native vegetation, a
mixture of retained native vegetation and created native vegetation, or are all created native
vegetation. This is due to the fact that of the 78.07 acre project site, only 29.88 acres of the
site is "native", by definition.
The following is a description of all the Native Preserves depicted on the PUD Master Plan:
Native Preserve 1 is a created native vegetation area;
Native Preserve 2 is an area of a combination of retained native vegetation, and created
native vegetation;
Native Preserve 3 is a retained native vegetation area;
Native Preserve 4 is an area of a combination of retained native vegetation, and created
native vegetation;
Native Preserve 5 is a retained native vegetation area;
Native Preserve 6 is a created native vegetation area;
I1-6
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2.16
Native Preserves shall have an average fifty foot (50') width, but be no less than thirty feet
(30'). Native Preserve Areas that are thirty feet (30') in width shall not comprise greater
than twenty-five percent (25%) of the total Native Preserve Area for the project. The design,
area, and configuration of the Native Preserve Area may be modified. However, the
remaining Native Preserve Area shall not comprise less than 7.47 acres in total area.
Please refer to Appendix "A", Typical Cross Sections, for details related to the separation of
structures from Tract "P", and the Native Preserve Areas.
LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 2.7.3.3. of the LDC, upon adoption of the PUD Ordinance and
attendant PUD Master Plan, the provisions of the PUD Document become a part of the LDC
and shall be the standards of development for the PUD. Thenceforth, development in the
area delineated as the Tuscany Cove PUD District on the official zoning atlas map shall be
governed by the adopted development regulations set forth in this PUD Document, and PUD
Master Plan, and applicable provisions of the LDC.
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3.1
3.2
3.3
SECTION III
RESIDENTIAL DEVELOPMENT STANDARDS
PURPOSE
The purpose of this Section is to identify specific development
designated as Tract "R" on the PUD Master Plan, Exhibit "A".
MAXIMUM DWELLING UNITS
standards for areas
The maximum number of residential dwelling units allowed within the PUD shall be
established at the time of development plan review, but shall not exceed 375 dwelling units.
Should assisted living facility (ALF) development be proposed, the project dwelling unit
count shall be reduced by one (1) dwelling unit for every four (4) ALF units proposed.
USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1) Single-family detached dwellings.
2) Single-family attached dwellings (including townhouses intended for fee
simple conveyance), zero lot line, villa/patio dwellings and/or multi-family
dwellings.
3) Group care facilities (category I and ID, care units, nursing homes, assisted
living facilities pursuant to § 400.402 Florida Statutes and Chapter 58A-5
Florida Administrative Code, and continuing care retirement communities
pursuant to chapter 651, Florida Statutes and Chapter 4-193, Florida
Administrative Code, all subject to Section 2.6.26 of the Collier County LDC.
4) Model homes (See Section 2.10 of this PUD Document).
5) Project sales and administrative offices, which may occur in residential or
recreational buildings, and/or in temporary buildings until such time as
permanent structures are available.
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B. Accessory Uses:
Co
I)
Customary accessory uses and structures including, but not limited to,
clubhouses, private garages, tennis facilities, and swimming pools with, or
without screened enclosures, and other outdoor recreation facilities.
2) Utility facilities and or easements (including right-of-way easements).
3) Signage (see Section 5.11 of this Document).
4) Water management facilities/lakes.
5) Storage areas, for the exclusive use of the residents of the PUD.
Definitions:
Definitions of residential dwelling unit types shall be pursuant to Division 6.3 of
the LDC, with the addition of:
ao
Villa/Patio dwellings: Detached single-family dwellings of a smaller scale
than the typical single-family detached dwelling. Scale variances include
smaller lot size and decreased building square footage.
3.4
DEVELOPMENT STANDARDS
mo
GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Front yard setbacks shall be measured from back of curb or edge of
pavement, whichever is closer to the structure, a deviation from Division 6.3,
Definitions, definition of front yerd, of the LDC, from edge of right-of-way to back
of curb or edge of pavement. (See Appendix "A", Typical Cross Sections, and
Exhibit A, PUD Master Plan). Condominium, and/or homeowners association
boundaries shall not be utilized for determining development standards.
B. MINIMUM LOT AREA:
1) Single-family lots: 6,000 square feet.
2) Attached single-family (including townhouses intended for fee simple
conveyance), villa/patio homes, and zero lot line dwellings: 2,500 square feet of
site area per dwelling unit.
3) Multi-family parcels: 1 acre.
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C. MINIMUM LOT WIDTH:
1) Single-family lots: Interior lots: 60 feet;
Corner lots: 70 feet.
2) Attached single-family dwelling units (including townhouses intended for fee
simple conveyance): 25 feet. Corner lots shall be 35 feet.
3) Villa/patio homesites, and zero lot line lots: Interior lots: 40 feet;
Comer lots: 50 feet.
4) Multi-family parcels: 150 feet.
5) All lots located on a cul-de-sac or the radius of a curved street shall have no less
than 80% of the required average lot width at the front setback line.
MINIMUM YARDS (Principal Structures):
1) Single-family detached:
Front Yard: 25 feet.
Side Yard: 7.5 feet for single story structures, and 10 feet for two-story
structures.
Rear Yard: 20 feet.
Preserves: 25 feet.
Minimum Distance Between Structures: 15 feet for single story structures, 20 feet
for two-story structures and 20 feet for a single story structure adjacent to a two-
story structure.
2) Single-family attached:
Front Yard: 20 feet.
Side Yard: 5 feet for one story structures, and 7.5 feet for two-story structures.
(See Sub-section 2.5.E. of this PUD Document)
Rear Yard: 20 feet.
Preserves: 25 feet.
Minimum Distance Between Structures: 15 feet for single story structures, 20 feet
for two-story structures and 20 feet for a single story structure adjacent to a two
story structure.
3) Villa/patio homes, and zero lot line:
Front Yard: 20 feet.
Side Yard: 3 feet to 9 feet.
Three feet (3') minimum side yard setback on only one side, provided a
minimum 10 foot (10') separation between principal structures is maintained.
Rear Yard: 20 feet.
Preserves: 25 feet.
Minimum Distance Between Structures: 10 feet.
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4) Multi-family and group care facilities:
Front Yard: 20 feet.
Side Yard: 15 feet or V2 of the building height, whichever is greater. Where
adjacent to a lake, 0 feet from the lake control elevation. No structures are
permitted in the required 20-foot lake maintenance easement required by the
South Florida Water Management District Permit for the Tuscany Cove PUD.
Rear Yard: 20 feet. Where adjacent to a lake, 0 feet from the lake control
elevation. No structures are permitted in the required 20-foot lake maintenance
easement required by the South Florida Water Management District Permit for
the Tuscany Cove PUD.
Preserves: 25 feet.
Minimum Distance Between Structures: 15 feet, or one-half of the sum of the
heights of adjacent buildings, whichever is greater.
MINIMUM YARDS (Accessory Structures):
1) Single-family detached:
Front Yard: Same as principal structure.
Side Yard: Same as principal structure or, where adjacent to a preserve area, 10
feet or, where adjacent to a lake, 0 feet from the lake maintenance easement. No
structures are permitted in the required 20-foot lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD.
Rear Yard: Detached: 20 feet or, where adjacent to a preserve area, 10 feet or,
where adjacent to a lake, 0 feet from the lake maintenance easement. No
structures are permitted in the required 20-foot lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD.
Attached: 5 feet or, where adjacent to a preserve area 10 feet or, where adjacent
to a lake, 0 feet from the lake maintenance easement. No structures are permitted
in the required 20-foot lake maintenance easement required by the South Florida
Water Management District Permit for the Tuscany Cove PUD.
(See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan).
2) Single-family attached:
Front Yard: Same as principal structure.
Side Yard: Same as principal structure or, where adjacent to a preserve, 10 feet
or, where adjacent to a lake, 0 feet from the lake maintenance easement. No
structures are permitted in the required 20-foot lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD.
Rear Yard: Detached: 20 feet or, where adjacent to a preserve area, 10 feet or,
where adjacent to a lake, 0 feet from the lake maintenance easement required by
the South Florida Water Management District Permit for the Tuscany Cove PUD.
1II-4
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No structures are permitted in the required 20-foot lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD.
Attached: 5 feet or, where adjacent to a preserve area l0 feet or, where adjacent
to a lake, 0 feet from the lake maintenance easement required by the South
Florida Water Management District Permit for the Tuscany Cove PUD. No
structures are permitted in the required 20-foot lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD.
(See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan).
3) Villa/patio, and zero lot line:
Front Yard: Same as principal structure.
Side Yard: Same as principal structure or, where adjacent to a preserve area, 10
feet or, where adjacent to a lake, 0 feet from the lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD. No structures are permitted in the required 20-foot lake maintenance
easement required by the South Florida Water Management District Permit for
the Tuscany Cove PUD.
Rear Yard: Detached: 20 feet or, where adjacent to a preserve area, 10 feet or,
where adjacent to a lake, 0 feet from the lake maintenance easement required by
the South Florida Water Management District Permit for the Tuscany Cove PUD.
No structures are permitted in the required 20-foot lake maintenance easement.
Attached: 5 feet or, where adjacent to a preserve area 10 feet or, where adjacent
to a lake, 0 feet from the lake maintenance easement. No structures are permitted
in the required 20-foot lake maintenance easement required by the South Florida
Water Management District Permit for the Tuscany Cove PUD.
(See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan).
4) Multi-family and group care facilities:
Front Yard: Same as principal structure.
Side Yard: Same as principal structure or, where adjacent to a preserve area, 10
feet or, where adjacent to a lake, 0 feet from the lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD. No structures are permitted in the required 20-foot lake maintenance
easement required by the South Florida Water Management District Permit for
the Tuscany Cove PUD.
Rear Yard: Detached: 20 feet or, where adjacent to a preserve area, 10 feet or,
where adjacent to a lake, 0 feet from the lake maintenance easement required by
the South Florida Water Management District Permit for the Tuscany Cove PUD.
No structures are permitted in the required 20-foot lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD.
Attached: 5 feet or, where adjacent to a preserve area 10 feet or, where adjacent
to a lake, 0 feet from the lake maintenance easement required by the South
Florida Water Management District Permit for the Tuscany Cove PUD. No
1II-5
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structures are permitted in the required 20-foot lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD.
(See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan).
5) Clubhouse/Recreation Buildings:
Front Yard: 20 feet.
Side Yard: 5 feet for one story structures, and 7.5 feet for two story structures or,
where adjacent to a preserve area, 10 feet or, where adjacent to a lake, 0 feet from
the lake maintenance easement required by the South Florida Water Management
District Permit for the Tuscany Cove PUD. No structures are permitted in the
required 20-foot lake maintenance easement required by the South Florida Water
Management District Permit for the Tuscany Cove PUD
Rear Yard: Detached: 20 feet or, where adjacent to a preserve area, 10 feet or,
where adjacent to a lake, 0 feet from the lake maintenance easement required by
the South Florida Water Management District Permit for the Tuscany Cove PUD.
No structures are permitted in the required 20~foot lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD.
Attached: 5 feet or, where adjacent to a preserve area 10 feet or, where adjacent
to a lake, 0 feet from the lake maintenance easement required by the South
Florida Water Management District Permit for the Tuscany Cove PUD. No
structures are permitted in the required 20-foot lake maintenance easement
required by the South Florida Water Management District Permit for the Tuscany
Cove PUD.
(See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan).
The 20-foot lake maintenance easement required by the South Florida Water
Management District Permit for the Tuscany Cove PUD shall be waived where
common area swimming pools/decks interface with a bulkheaded lake, only with
approval from the South Florida Water Management District.
MINIMUM FLOOR AREA:
1) Single-family detached dwelling units: 1,200 square feet.
2) Single-family attached (including townhouses intended for fee simple
conveyance), villa/patio homes, zero lot line: 1,000 square feet.
3) Multi-family: Efficiency, 400 square feet, one bedroom, 600 square feet, two or
more bedrooms, 750 square feet
4) Group care facilities: 400 square feet.
OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 of the Collier County LDC in effect at the time of
building permit application.
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H. MAXIMUM HEIGHT
1) Single-family detached: Three-stories above the minimum flood elevation with a
maximum of 35 feet.
2)
Single-family attached (including townhouses intended for fee simple
conveyance), villa/patio homes, and zero lot line homes: Two stories above the
minimum flood elevation with a maximum of 35 feet.
3) Multi-family, group homes and group care facilities: Four stories above the
minimum flood elevation with a maxirnum of 45 feet.
4) Accessory structures: Two stories above the minimum flood elevation with a
maximum of 35 feet except for attached screen enclosures, which may be the
same as the height of the principal structure.
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DEVELOPMENT
STANDARDS
TABLE II
RESIDENTIAL
DEVELOPMENT STANDARDS
SINGLE- SINGLE- ZERO MULTI- CLUBHOUSE/
FAMILY FAMILY LOT LINE FAMILY~ RECREATION
DETACHED ATFACHED PATIO~VILLA GROUP CARE BUILDINGS
_PRINCIPAL STRUCTURES
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MIN. FLOOR AREA
FRONT YARD
SIDE YARD
REAR YARD
PRESERVE SETBACK
MIN. DIST.
BETWEEN STRUCTURES
6,000 S.F. 2,500 S.F. 2,500 S.F. I ACRE N/A
60 FEET 25 FEET 40 FEET 150 FEET N/A
1,200 S.F. 1,000 S.F. 1,000 S.F. 400 S.F. N/A
25 FEET 20 FEET 20 FEET 20 FEET N/A
7.5 FEET! 5 FEETj' 7 3 FEET to 15 FEET N/A
10 FEET2 7.5 FEET2' ? 9 FEET3' 7 or ½ BH8
20 FEET 20 FEET 20 FEET 20 FEET 8 N/A
25 FEET 25 FEET 25 FEET 25 FEET 25 FEET
15 FEET 10 FEET l 0 FEET 15 FEET4 N/A
20 FEET2 15 FEET2
MAX. BLDG. HT. 35 FEET&6 35 FEET5'6 35 FEET5'6 45 FEETs N/A
ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S. S.P.S. S.P.S. 20 FEET
SIDE S.P.S.8 S.P.S. 7,8 S.P.S. 7.8 S.P.S. 7,8 51, OR
7.5 FEET2. 8
REAR(ATTACHED) 5 FEETs 5 FEET8 5 FEET8 5 FEET8 5 FEET8
(DETACHED) 20 FEET8 20 FEET8 20 FEET8 20 FEET8 5 FEET8
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET
MAX. BLDG. HT. 35 FEET5' 6 35 FEETs. 6 35 FEETs. 6 35 FEET's. 6 35 FEET5' 6
Applicable to single story dwelling units.
Applicable to two and three-story dwelling units, or where a single story dwelling unit is adjacent to a two-story
structure.
Three foot (3') minimum side yard setback on only one side, provided a minimum 10 foot separation between principal
structures is maintained.
15 feet, or one half of the sum of the heights of adjacent buildings, whichever is greater.
Building height shall be measured from the minimum floor elevation.
2 stories, with a maximum of 35 feet above the minimum floor elevation, except for attached screen enclosures, which
may be the height of the principal structure.
Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of a
unified principal/accessory structure, and the required side yard shall be measured from the exterior wall(s) of the
principal structure.
Where adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required, 20
foot lake maintenance easement (See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan).
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S. P. S.: Same as Principal Structures.
BH: Building Height.
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4.1
4.2
SECTION IV
PRESERVE AREA
PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"P", Preserve Area, on Exhibit "A", PUD Master Plan. The primary function and purpose of
this Tract is to preserve and protect vegetation and naturally functioning habitats, such as
wetlands, including upland buffers, in their natural, and/or enhanced state.
USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following, subject to the issuance of regional, State and
Federal permits, when required:
Principal Uses:
1) Open spaces/nature preserves.
2) Water management structures.
3) Mitigation areas.
4)
Hiking trails, boardwalks, shelters, or other such facilities constructed for the
purposes of passage through or enjoyment of the site's natural attributes,
subject to approval by the appropriate permitting agencies.
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5.1
5.2
5.3
Bo
SECTION V
DEVELOPMENT COMMITMENTS
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 plans if required, and all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically stated otherwise, the standards and
specifications of Division 3.2 of the Collier County 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 assignee, shall follow the Master Development Plan and the
regulations of the PUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successors or assignees in title to
the Developer is bound by any commitments within this Document. These commitments
may be assigned or delegated to a condominium/homeowners' association to be created by
the Developer.
PUD MASTER DEVELOPMENT PLAN
Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the LDC, amendments
may be made from time to time.
All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all services and all common areas in the
project.
The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the
Tuscany Cove PUD Master Plan upon written request of the Developer.
V-1
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1)
2)
The following limitations shall apply to such requests:
ao
The minor change or refinement shall be consistent with the Collier
County Growth Management Plan (GMP), and the Tuscany Cove PUD
Document.
b. The minor change or refinement shall not constitute a substantial change
pursuant to Subsection 2.7.3.5.1. of the Collier County LDC.
Co
The minor change or refinement shall be compatible with adjacent land
uses, and shall not create detrimental impacts to abutting land uses, water
management facilities, and Preserve Areas within, or external to the PUD
boundaries.
The following shall be considered minor changes or refinements, subject to
the limitations of Subsection 5.3.C. 1) of this document:
ao
bo
co
Reconfiguration of Preserve Areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review and permitting.
There may be no overall decrease in Preserve Area.
Reconfiguration of lakes or other water management facilities where such
changes are consistent with the criteria of the South Florida Water
Management District and Collier County.
Internal realignment of roadways and interconnection to off-site lands,
other than a relocation of access points from publicly maintained
roadways (i.e.: State or County roadways), to the PUD itself, where no
water conservation/preservation areas are affected, or otherwise provided
for.
3)
4)
do
Reconfiguration of residential parcels when there is no proposed
encroachment into a Preserve Area, except as provided for Paragraph 5.3
C.2) a. above.
Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
Ordinances and regulations prior to the Administrator's consideration for
approval.
Approval by the Administrator of a minor change or refinement may occur
independently from, and prior to any application for subdivision (if required),
or site development plan approval, however, the Administrator, or his
designee's approval shall not constitute an authorization for development or
implementation of the minor change or refinement unless the applicable
permits are obtained first.
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V-2
5.4
5.5
SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
Bo
An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of
the Land Development Code. The monitoring report shall be accompanied by an
affidavit stating that representations contained therein are true and correct.
TRANSPORTATION
The development of this PUD shall be subject to and governed by the following stipulations.
mo
Arterial level street lighting shall be designed and installed at all development entrances
in accordance with the FDOT - Roadway and Traffic Design Standards (Index #17599),
as amended. Said lighting must be in place prior to the issuance of the first permanent
certificate of occupancy (CO).
B. Points of access to all collector and arterial roadways shall conform with Collier
County's Access Management Plan, Resolution No 01-247.
Co
The Developer(s), its successor(s) in title, or assignee(s), shall be responsible for the cost
of any and all traffic signal(s), at any and all development entrance(s), when determined
warranted and approved by the Collier County Transportation Staff. When warranted,
upon the completion of the installation, inspection, burn-in period, and final
approval/acceptance of any and all traffic signal(s) shall be turned over (for ownership)
to Collier County, and will then be operated and maintained by the Collier County
Transportation Operations Staff. Any negotiations relevant to "fair share" payment(s), or
reimbursement(s), from any and all other neighboring developer(s)/property owner(s),
that directly benefit from said traffic signal(s), will be determined based upon percentage
of usage/impact.
The Developer shall provide any and all site related transportation improvement(s)
including, but not limited to, any and all necessary turn lane(s) improvement(s) at that
development entrance(s) prior to the issuance of the first permanent CO. 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,
shall be provided in conjunction with said improvement(s), as determined by the Collier
County Transportation Staff.
E. Internal access(es) not located within County right-of-way, will be privately maintained
by an entity created by the Developer, its successor(s) in title, or assignee(s).
F. Joint/shared access is encouraged, and may be required as a condition of SDP approval.
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V-3
5.6
Go
Project entrances shall be designed to preclude the backing up of entering vehicles onto
adjacent public roadways. If access is to be controlled by means of a gatehouse, or card-
controlled gate, the gate, or gatehouse shall be designed, located and operated so not to
permit such vehicular back up. A minimum throat length for vehicle stacking shall be 75
feet. Where the expected peak hour traffic volumes are equal to or greater than 30
vehicles, the minimum throat length shall be a minimum of 100 feet from the right-of-
way.
Ho
The Developer shall provide a 10 foot shared use path along either the east, or west side
of the westerly property line of the development in accordance with recognized standards
and safe practices, as determined by the Collier County Transportation Staff.
Egress onto Collier Boulevard (C.R. 951), shall be limited to northbound turning
movements only.
PLANNING
The development of this PUD Master Development Plan shall be subject to and governed by
the following conditions:
Sidewalks five feet in width shall be provided on both sides of local streets.
Sidewalks and bike lanes shall be constructed contiguous to public and private
roadways, which are adjacent to and/or internal to the site, in conformance with the
following criteria:
For multiple-family residential development, sidewalks shall be constructed
contiguous to public and private roadways or other motor vehicle travel ways that
serve more than one driveway (excludes secondary access alleys) and which are
adjacent to or internal to the site.
All sidewalks and bike lanes shall be constructed in accordance with design
specifications identified in Sections 3.2.8.4.14., Section 3.2.8.4.17. and Division 2.8
of the LDC.
Co
If interconnections to existing and future developments are provided, the
interconnection shall include sufficient right-of-way to accommodate the roadway,
sidewalks, and bike lanes.
Sidewalks and bike lanes shall be constructed concurrently with the roadway.
The development shall be entitled to 200 building permits following approval of the
PUD zoning petition. This limitation on building permits does not apply to building
permits associated with the marketing and construction of the development (i.e.:
temporary sales and construction facilities, model homes and sales facilities, and
clubhouse/recreation facilities).
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V-4
5.7
5.8
Fo
Commencing on the first anniversary of the PUD approval, 20 building permits may be
released each month thereafter, until the date of commencement of construction of the
Collier Boulevard six-laning project (Project #65061) in addition to the 200 original
building permits already provided for. The limitations upon allocation of building
permits shall expire once the construction commences for the Collier Boulevard six-
lane project.
WATER MANAGEMENT
The water management system consists of approximately 10 acres of water management
areas that will receive mn-off from structures and parking areas. Run-off is collected by
catch basins and culvert systems for conveyance to the project's internal lake system. The
lakes are interconnected by culverts and/or the preserve areas, with project outfall being at
the project's westerly boundary. Discharge will be into the Collier Boulevard (C.R. 951)
Canal right-of-way. Allowable discharge rates will be in accordance with Collier County
Ordinance No. 90-10, as amended, as may be amended, or as may be superceded or replaced
by an ordinance regulating the same subject matter.
The development of this PUD Master Development Plan shall be subject to and governed by
the following conditions:
Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction permits shall be issued
unless and until the Planning Services Staff grants approval of the proposed
construction in accordance with the approved plans.
Bo
An excavation permit will be required for the proposed lakes in accordance with the
Collier County LDC and South Florida Water Management District Rules.
Co
The project must obtain a Surface Water Management Permit from the South Florida
Water Management District prior to any SDP approval.
UTILITIES
The development of this PUD Master Development Plan shall be subject to and governed by
the following conditions:
mo
Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance Number 01-57 and other applicable
County roles and regulations.
Bo
All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County in
accordance with the County's established rates.
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V-5
5.9 ENVIRONMENTAL
5.10
The development of this PUD Master Development Plan shall be subject to and governed by
the following conditions:
mo
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 alone shall not be the
sole component of mitigation for impacts to Collier County jurisdictional wetlands.
Bo
All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shall be recorded on the plat with protective
covenants per, or similar to, Section 704.06, Florida Statutes.
Co
Buffers shall be provided around wetlands, where possible, extending at least fifteen
(15) feet landward from the edge of the wetland preserves in all places, and average
twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are
not possible, structural buffers shall be provided in accordance with the State of
Florida Environmental Resource Permit Rules, and be subject to review and approval
by Environmental Services Staff.
Do
The Developer shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to "listed species".
Where protected species are observed on site, a Habitat Management Plan for those
protected species, or their habitats shall be submitted to Environmental Services Staff
for review and approval prior to final site plan/construction plan approval.
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Services Staff for review and approval prior to final site
plan/construction plan approval. This plan shall include methods and a time
schedule for removal of exotic vegetation within the conservation/preservation areas.
Fo
The PUD, except as provided for in the lawfully adopted PUD Ordinance, shall be
consistent with the environmental sections of the Collier County LDC in effect at the
time of final development order approval.
At the time of the next development order submittal, the petitioner shall provide
copies of the SFWMD Environmental Resource Permit applications.
ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure. Clubhouse facilities, a construction operation/management office,
and model center, may be constructed after zoning approval but before construction of any
principal structures
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V-6
5.11 SIGNS
All signs shall be in accordance with Division 2.5 of Collier County's LDC in effect at the
time of SDP approval, with the following exceptions:
Ao
Project identification signs - Two ground, wall, or gate project identification signs
may be located in proximity to the entrance to the development, subject to the
following requirements:
1) Such signs shall contain only the name of the development, the insignia, or motto
of the development, and shall not contain promotional or sales material.
2)
Project identification signs shall not exceed 64 square feet, excluding mounting
surfaces or structures. Where signage is affixed or an integral part of a wall or
fence, the face of the sign may protrude above the upper edge of the wall or
fence, but remain subject to height restrictions.
3)
Monument/logo project identification signs shall not exceed sixty (30) square
feet, excluding mounting surfaces or structures. Where signage is affixed or an
integral part of a wall or fence, the face of the sign may protrude above the upper
edge of the wall or fence, but remain subject to height restrictions.
4) No monument/logo, nor project identification signs shall exceed a height of 10
feet above the finished ground level of the sign site.
5)
Project identification signs, including monument/logo project identification
signs, may be lighted, provided all lights are shielded in a manner that prevents
glare on adjacent roadways, 'or into adjacent residences.
Project promotion signs: One ground or wall sign may be located on the project's
frontage on Collier Boulevard for the purpose of promoting the development or any
major use within the development, subject to the following requirements:
1) Any promotional signs shall not exceed 100 square feet, excluding mounting
surfaces or structures.
2) No promotional sign shall exceed a height of 10 feet above the average finished
ground level of the site.
3) Promotional signs may be lighted, provided all lights are shielded in a manner
that prevents direct glare on adjacent roadways, or into adjacent residences.
5.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Tuscany Cove PUD, except in Preserve Areas. All landscaping shall be in
V-7
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5.13
5.14
accordance with Collier County LDC in effect at the time of building permit application.
The following standards shall apply:
All landscape berms shall be in accordance with Section 2.4.4.18 of the LDC.
Landscape berms may have the following maximum side slopes:
1) Grassed berms 4:1
2) Ground covered berms 3:1
Fence or wall maximum height: 9 feet, a deviation from the Section 2.6.11.2.1 of the
LDC requirement of 6 feet as measured from the finished grade of the ground at the
base of the fence or wall. For the purpose of this provision, finished grade shall be
considered no greater than 18 inches above the crown elevation of the nearest
existing road. Fences and walls utilized for perimeter buffering may be no closer
than five feet (5') from the project property boundary. All fences or walls shall be in
accordance with the LDC.
Pedestrian sidewalks, bike paths, water management facilities and structures may be
allowed in landscape buffer areas, provided that the landscape buffer area is
increased by an equivalent width.
The PUD Master Plan, depicts a minimum 25-foot perimeter land use buffer in some
areas, that is 10 feet and 15 feet greater than the requirements Section 2.4.7.4 of the
LDC. That perimeter land use buffer shall be platted as an easement. Water
management areas/facilities may not encompass greater than 60 percent of that
perimeter land use buffer easement, and may be identified as a drainage easement
within the perimeter land use buffer easement.
LANDSCAPING FOR OFF-STREET PARKING AREAS
Except where provided for elsewhere in this Document, all landscaping for off-street parking
areas shall be in accordance with Division 2.4 of the Collier County LDC in effect at the
time of building permit application.
POLLING PLACES
Pursuant to Section 2.6.30 of the LDC, provision shall be made for the future use of building
space within common areas for the purposes of accommodating the function of an electoral
polling place, only if requested by the Supervisor of Elections.
An Agreement between the Developer and the Supervisor of Elections for the provision of
polling places 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 that acquire
ownership of such common areas including homeowners' associations.
V-8
G:\Current\Reischl\PUD\Tuscany CoveLPUD doc FINAL clean.doc
EXHIBIT "A"
~ ~ 5.~ fO, INC.
~u~ ~,~ p~ ~Y COVE PUP
Engineers, Surveyors & Mappers
Planne~.s, Project ~tanagers
APPENDIX
TYPICAL CROSS SECTIONS
APPENDIX
TYPICAL CROSS SECTIONS
A-Z
APPENDIX
TYPICAL CROSS SECTIONS
APPENDIX
TYPICAL CROSS SECTIONS
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 and correct
copy of:
ORDINANCE 2003-52
Which was adopted by the Board of County Commissioners
on the 23rd day of September, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of October, 2003.
DWIGHT E. BROCK, ·
Clerk of Courts,.and Cior'~
Ex-officio to Board of
County Commissioners
By: Patricia L..Morgan,
Deputy Clerk