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Agenda 03/13/2012 Item #17A3/13/2012 Item 17.p. EXECUTIVE SUMMARY PUDA- PL2011 -343: Tuscany Reserve PUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003 -28, as amended by 2004- 47, the Tuscany Reserve Planned Unit Development (PUD), by amending the PUD Document, Exhibit A, to provide for: amendments to cover page; amendments to Property Ownership and General Description section; amendments to Project Development section; amendments to Residential "R" Development Areas section; amendments to Golf, Open Space (GO) section; amendments to Village Center section; amendments to General Development Commitments section; adding a deviation from the requirements for Mixed Use Planned Unit Development Standards; providing for amendments to Master Plan; and providing an effective date. Subject property is located in Section 12, Township 48 South, Range 25 East, Collier County, Florida consisting of 461.29 acres. No increase in density or number of authorized dwelling units is proposed. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject PUD was first approved as the Ronto Livingston PUD by Ordinance 00 -04 on January 25, 2000 to allow a maximum of 1,380 dwelling units at a density of 2.98 DU /A. Ordinance 00 -04 was later repealed on June 23, 2003 by Ordinance No. 03 -28 to change the name of the PUD to Tuscany Reserve and reduce the maximum number of allowed dwelling units to 799, at a density of 1.73 dwelling units per acre. The Tuscany Reserve PUD was subsequently amended on July 27, 2004 through Ordinance No. 04 -47 to correct an omission from Ordinance Number 03 -28. The proposed amendment to Ordinance Number 03 -28 seeks approval for the following changes: • a change in the ownership; • a reduction in wetland acreage due to right -of -way taking by Florida Department of Transportation (FDOT) for improvements to I -75; • adding Villas as an allowable principal use in the "R" district and providing a definition of same; • adding development standards to decrease side yard setbacks; • add zoned and actual height limitations for all uses; • adding personal services, convenience goods, offices or similar non - residential uses to serve the PUD residents; • increase the building height for buildings in the Village Center; PUDA- PL2011 -343: Tuscany Reserve PUD Revised: 2/24/12 BCC Hearing Date March 13, 2012 Packet Page -1619- Page 1 of 6 3/13/2012 Item 17.A. • revise the residential use types permitted in the Village Center to include all residential types with a maximum number of units (200) that can be built in that Center; • add a deviation from the requirements for Mixed Use Planned Unit Development standards. The details of these changes are shown in a strike through and underline format on the attached Ordinance. The project is partially developed. The roadways and golf fairways seem complete and there are what appear to be less than 50 dwelling units constructed. Some of those dwelling units have been sold to individuals and some are still owned by the applicant. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT• Future Land Use Element (FLUE): The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Mixed — Use District permits a variety of residential unit types at a base density of 4 DU /A, subject to the Density Rating System; recreation and open space uses; community facility uses; and, commercial uses as part of a mixed use project pursuant to the PUD Neighborhood Village Center Subdistrict (PUD NVC). The subject PUD was first approved as the Ronto Livingston PUD by Ordinance 00 -04 on January 25, 2000 to allow a maximum of 1,380 dwelling units at a density of 2.98 DU /A. Ordinance 00 -04 was later repealed on June 23, 2003 by Ordinance No. 03 -28 to change the name of the PUD to Tuscany Reserve and reduce the maximum number of allowed dwelling units to 799, at a density of 1.73 DU /A. The Tuscany Reserve PUD was subsequently amended on July 27, 2004 through Ordinance No. 04 -47 to clarify (through a scrivener's error ordinance) that an exemption from the requirements for sidewalks on cul -de -sacs had been granted in Ordinance Number 03 -28. Additionally, the Tuscany Reserve is considered a Development of Regional Impact (DRI). The DRI for this development was approved on January 25, 2000 by Resolution 2000 -26, also known as the Ronto Livingston DRI, and included a build -out date of 2007. Senate Bill 1752, effective on May 28, 2010, extended the DRIs build -out date up to two PUDA- PL2011 -343: Tuscany Reserve PUD Revised: 2/24/12 BCC Hearing Date March 13, 2012 Packet Page -1620- Page 2 of 6 3/13/2012 Item 17.A. years, or January 25, 2012. Lastly, an amendment petition has been filed to the County to extend the build -out date of the Ronto Livingston DRI to January 24, 2021. Staff has evaluated the proposed PUD changes in relationship to applicable GMP FLUE and related Goals, Objectives and Policies. That complete analysis is contained in the CCPC staff report. Please refer to that document for more details. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 -year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management Element (COME): Enviromnental staff has evaluated the amendment for consistency with the CCME. Environmental review staff has determined the petition may be found consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan. GMP Conclusion: Staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP if the conditions recommended by staff are adopted as part of any approval. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC first heard this petition on January 19, 2012, and continued the petition to February 16, 2012. By a unanimous vote (7 to 0) [Commissioners Strain and Midney were absent], recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes that were be made to the PUD document: Page # Section Description Cover a e N/A Revised ownership reference 1 -2 1.3 Revised property ownership 2 -1 2.2 Added language to clarify proposed changes effect on existing uses and improvements 2 -2 2.3.13 Add reference to clarify minimum open s ace Throughout Throughout Update outdated LDC and Customer Service Department (now GMD ) references 3 -1, et al 3.4.A.2 et al Revised zero lot line designation to variable lot line 3 -2 3.5.F. Clarify variable lot usage within the same development tracts 3 -3 Table II Clarify Footnote #2 applies only to buildings in the Village Center 3 -3 Table II Refine the villa definition in Footnote #8. 5 -1 5.2 Provide tracking language to ensure the village Center uses do not exceed the 4.5 acre maximum allowance 5 -2 5.3.6.5 Clarify the golf club cabana use and that the use counts toward density PUDA- PL2011 -343: Tuscany Reserve PUD Revised: 2/24/12 BCC Hearing Date March 13, 2012 Packet Page -1621- Page 3 of 6 3/13/2012 Item 17.A. 7 -3 7.6.A.4 Add an interim landscape buffers along the southern boundary of the PUD 7 -3 7.6.C.2. Add a stabilized emergency vehicle turnaround, approximately midway along the cul -de -sac 7 -4 7.6.C.14 Add deviation to address villa street standards NA Modify master plan to remove turning movement text and note emergency vehicle turnaround location These revisions have been incorporated into the PUD document that is included in the draft ordinance. One person spoke at the January 19, 2012 CCPC hearing voicing opposition to a project name change from Tuscany Reserve to Talis Park. Since that is not one of the proposed changes being considered in this amendment, the opposition is not valid for this specific amendment. Therefore, because the CCPC vote was unanimous, this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Tuscany Reserve PUD (Ordinance No. 2003 -28, as amended) which proposes to amend the following: Cover page; amendments to property ownership and general description section; amendments to project development section; amendments to residential "R" development areas section; amendments to golf, open space (GO) section; amendments to Village Center section; amendments to general development commitments section; adding a deviation from the requirements for mixed use planned unit development standards; providing for amendments to the master plan; providing an effective date; and removal of references to specific sections of the Land Development Code. The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. I . Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. PUDA- PL2011 -343: Tuscany Reserve PUD Revised: 2/24/12 BCC Hearing Date March 13, 2012 Packet Page -1622- Page 4 of 6 3/13/2012 Item 17.A. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? PUDA- PL2011 -343: Tuscany Reserve PUD Revised: 2/24/12 BCC Hearing Date March 13, 2012 Packet Page -1623- Page 5 of 6 3/13/2012 Item 17.A. 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare._ 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.] 06, art.Il], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is required for Board approval. (STW) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Back -up information 3) Ordinance PUDA- PL2011 -343: Tuscany Reserve PUD Revised: 2/24/12 BCC Hearing Date March 13, 2012 Packet Page -1624- Page 6 of 6 COLLIER COUNTY Board of County Commissioners Item Number: 17.A. 3/13/2012 Item 17.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDA- PL2011 -343: Tuscany Reserve PUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003 -28, as amended by 2004 -47, the Tuscany Reserve Planned Unit Development (PUD), by amending the PUD Document, Exhibit A, to provide for: amendments to cover page; amendments to Property Ownership and General Description section; amendments to Project Development section; amendments to Residential "R" Development Areas section; amendments to Golf, Open Space (GO) section; amendments to Village Center section; amendments to General Development Commitments section; adding a deviation from the requirements for Mixed Use Planned Unit Development Standards; providing for amendments to Master Plan; and providing an effective date. Subject property is located in Section 12, Township 48 South, Range 25 East, Collier County, Florida consisting of 461.29 acres. No increase in density or number of authorized dwelling units is proposed. Meeting Date: 3/13/2012 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 2/22/2012 9:18:18 AM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 2/24/2012 10:14:25 AM Name: LorenzWilliam Title: Director - CDES Engineering Services, Comprehensive Date: 2/24/2012 10:27:16 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Packet Page -1625- Date: 2/24/2012 1:29:06 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/24/2012 2:08:49 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 2/28/2012 9:56:42 AM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 3/1/2012 3:26:25 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/2/2012 3:39:04 PM Name: Klatzkow7eff Title: County Attorney Date: 3/2/2012 4:03:32 PM Name: OchsLeo Title: County Manager Date: 3/2/2012 4:51:56 PM Packet Page -1626- 3/13/2012 Item 17.A. 3/13/2012 Item 17.A. Coffer county STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JANUARY 19, 2012 RE: PUDA- PL2011 -343: TUSCANY RESERVE PUD Applicants: KE Tuscany Reserve Properties, LLC 16990 Livingston Road Naples, FL 34110 Agents: R. Bruce Anderson, Esquire D. Wayne Arnold, AICP Roetzel and Andress Q. Grady Minor & Associates, P.A. 850 Park Shore Drive, Trianon Centre, 3`d Floor 3800 Via Del Rey Naples, FL 34013 Bonita Springs, FL 34134 REOUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Tuscany Reserve RPUD (Ordinance Number 03 -28). GEOGRAPHIC LOCATION: The subject property, consisting of 461 + /- acres, is located on the east side of Livingston Road, immediately south of the Lee County line, in Section 12, Township 48 South, Range 25 East, Collier County, Florida (See location map and proposed PUD Master Plan on the following pages.) PURPOSE/DESCRIPTION OF PROJECT: The subject PUD was first approved as the Ronto Livingston PUD by Ordinance 00 -04 on January 25, 2000 to allow a maximum of 1,380 dwelling units at a density of 2.98 DU /A. Ordinance 00 -04 was later repealed on June 23, 2003 by Ordinance No. 03 -28 to change the name of the PUD to Tuscany Reserve and reduce the maximum number of allowed dwelling PUDA- P1 2011 -343: TUSCANY RESERVE PUD Page 1 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) Packet Page -1627- 3/13/2012 Item 17.A. 3lvY. o11oN / I �g � e ry � $ °' m 9tlg �•' 4 8 � g @1tl113111oo mv0 Folio > 0 cc O wnuunini �j M MEL CL J ° a �6 1 $� "�P. ��I�ii �- ► �,�1lIID�i �4 rah: � � z EX A", �� .'! 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GOLF (TYP) LAKE b kGE CENT (ZI As A-) 12' HIGH WALL 4'. 1 8aaaa SphW 1 1 I 1 C � PERT PERIMETER 1 I 1 _ iW0 233.496.,988 BOUNDARY -q7 1 i 1 1 1 1 1 1 I 1 I 1 MONUMENTS Non no ton 2 e�23ss EXHIBIT A � ; 1 1 1 1 n R� I I RESIDENTIAL - 118.1 Ac. ; I I 1 PLANNED UNIT DEVELOPMENT MASTER PLAN I [ auslnms I.e 96a01YNa GOLF OPEN SPACE - 262.7 C miaor.�vm 4S 0. Gnlq 41001' •C Aamclaus. PA 9fftT' t or 1 I 1 I 1 1 1 1 1 1 1 1 1 I PO PRESERVE - 69.9 56.0 1 1 1 I ) I ) [ 1 1 I 1 I VC VILLAGE CENTER - 21.5 ; 1 I 1 1 1 1 1 1 I O FDOT RIGHT -OF -WAY - 4.72 1 1 1 1 1 I I NOTE: 1 1 1 I ) LAND USE AREAS CONCEPTUAL I I AND SUBJECT TO RELOCATION/ I I CHANGE PRIOR TO CONSTRUCTION PERMITTING 1 1 1 1 1 r 1 1 1 1 1 1 NS MEMORIAL P 1 1 1 ' �— — — — — — — — — ACCESS UNITED TO RIGHT IN, RIGHT OUT LETT IN WHEN ROAD IS FOUR LAMEST 3/13/2012 Item 17.A. 1 LAKE 9 O 1 p I �L -Z ♦ o. GOLF (TYP) LAKE b kGE CENT (ZI As A-) 12' HIGH WALL 4'. 1 8aaaa SphW t � PERT PERIMETER - BERM WITH _ iW0 233.496.,988 BOUNDARY MARKER an eaaa MONUMENTS Non no ton 2 e�23ss EXHIBIT A • 1 wo1----- - - - - -- - - - -- / - - - -- PacketPage -1629- 8aaaa SphW 239-947.1,44 TUSCANY RESERVE PUD GradyMinor Nrnc 233.496.,988 an eaaa Non no ton 2 e�23ss EXHIBIT A n Ctr[lWriters . LandSslvlZOrs . Planners . LandscapeArehltects PLANNED UNIT DEVELOPMENT MASTER PLAN i11f°" M=a uv.unu.'aoom,m CWT.w•.unv,Lkaoosssl auslnms I.e 96a01YNa C miaor.�vm 4S 0. Gnlq 41001' •C Aamclaus. PA 9fftT' t or 1 PacketPage -1629- 3/13/2012 Item 17.A. units to 799, at a density of 1.73 dwelling units per acre. The Tuscany Reserve PUD was subsequently amended on July 27, 2004 through Ordinance No. 04 -47 to correct an omission` from Ordinance Number 03 -28. The proposed amendment to Ordinance Number 03 -28 seeks approval for the following changes: • a change in the ownership; • a reduction in wetland acreage due to right -of -way taking by Florida Department of Transportation (FDOT) for improvements to I -75; • adding Villas as an allowable principal use in the "R" district and providing a definition of same; • adding development standards to decrease side yard setbacks; • add zoned and actual height limitations for the all uses; • adding personal services, convenience goods, offices or similar non - residential uses to serve the PUD residents; • increase the building height for buildings in the Village Center; • revise the residential use types permitted in the Village Center to include all residential types with a maximum number of units (200) that can be built in that Center; • add a deviation from the requirements for Mixed Use Planned Unit Development standards. These changes are shown in a strike through and underline format on the attached Ordinance. The project is partially developed. The roadways and golf fairways seem complete and there are what appear to be less than 50 dwelling units constructed. Some of those dwelling units have been sold to individuals and some are still owned by the applicant. SURROUNDING LAND USE AND ZONING (Please refer to the ZoninLy Map): North: Vasari Country Club within the limits of the City of Bonita Springs, with a zoning designation of Residential Planned Development (RPD) East: I -75 then Quail West, a largely developed residential golf course community, with a zoning designation of PUD South: Pelican Strand, a largely developed residential golf course community, with a zoning designation of PUD West: Mediterra, a largely developed residential golf course community, with a zoning designation of PUD PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 2 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) Packet Page -1630- 3/13/2012 Item 17.A. Location Map — property depictions are approximate GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Mixed — Use District permits a variety of residential unit types at a base density of 4 DU /A, subject to the Density Rating System; recreation and open space uses; community facility uses; and, commercial uses as part of a mixed use project pursuant to the PUD Neighborhood Village Center Subdistrict (PUD NVC). The subject PUD was first approved as the Ronto Livingston PUD by Ordinance 00 -04 on January 25, 2000 to allow a maximum of 1,380 dwelling units at a density of 2.98 DU /A. Ordinance 00 -04 was later repealed on June 23, 2003 by Ordinance No. 03 -28 to change the name of the PUD to Tuscany Reserve and reduce the maximum number of allowed dwelling units to 799, at a density of 1.73 DU /A. The Tuscany Reserve PUD was subsequently amended on July 27, 2004 through Ordinance No. 04 -47 to clarify (through a scrivener's error ordinance) that an exemption from the requirements for sidewalks on cul -de -sacs had been granted in Ordinance Number 03 -28. Additionally, the Tuscany Reserve is considered a Development of Regional Impact (DRI). The DRI for this development was approved on January 25, 2000 by Resolution 2000 -26, also known as the Ronto Livingston DRI, and included a build -out date of 2007. Senate Bill 1752, effective on May 28, 2010, extended the DRIs build -out date to up to two years, or January 25, 2012. Lastly, an amendment petition has been filed to the County to extend the build -out date of the Ronto Livingston DRI to January 24, 2021. PUDA- P] 2011 -343: TUSCANY RESERVE PUD Page 3 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) Packet Page -1631- 3/13/2012 Item 17.A. In regard to the subject PUD amendment petition, the proposed language includes changes to the adopted development standards contained in Section V of the PUD document, the Village Center District. The purposes of the PUD NVC are stated below in (in italics); each followed by staff analysis (in bold): "... to allow for small -scale retail, offices, and service facilities to serve the daily needs of the residents of a Planned Unit Development (PUD) zoning district... " (PUD NVC purpose met. The amendment proposes to add `personal services, convenience goods, offices or similar non - residential uses designed to serve the daily needs of the residents" as permitted uses. Additionally, the list of permitted uses and structures within Section V of the PUD document corresponds to some of the permitted uses for Village Centers listed under Section 2.03.06.E of the Land Development Code.) "... The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage within the Village Center designated for small scale retail, offices, and service facilities exceed 15 acres... " (PUD NVC purpose met. The proposed text additions to the general description of the Village Center District, specifies that the area intended for non - residential uses is limited to 4.5 acres.) "...These Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD... " (PUD NVC purpose met. The adopted general description of the Village Center District states that the area is intended for recreational facilities, as well other uses.) "... The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD... " (PUD NVC purpose met. The adopted PUD Master Plan depicts no independent access to any roadway external to the PUD.) "...Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. " (The requested deviation would allow commercial uses to be developed concurrent with residential development. Additionally, a small amount of residential units have been constructed. The applicant indicates the desire to construct a clubhouse building that would also contain the allowed commercial uses, as opposed to constructing freestanding commercial buildings within the Village Center. Therefore, in staffs opinion, the requested deviation meets the purpose of the PUD NVC.) "... The Planned Unit Development district of the Land Development Code has been amended to provide standards and principles regulating access, location and integration of the Village Center within the PUD, allowed uses, floor area ratio, and acreage thresholds... " (Comprehensive Planning leaves this determination to the Zoning Services Section's staff as part of the total review of the petition, but notes these regulations were incorporated into the original PUD in 2000 and they still remain.) PUDA- PL2011 -343: TUSCANY RESERVE PUD January 19, 2012 CCPC Revised: 12/20/11 (2) Packet Page -1632- Page 4 of 14 3/13/2012 Item 17.A. FLUE Policy 2.2, the Public School Facilities Element (PSFE) of the GMP, was adopted subsequent to the adoption of the Tuscany Preserve PUD. The Policy is stated below (in italics); followed by staff analysis (in bold). "The County shall consider the following residential uses exempt from the requirements of school concurrency: "... "C. Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g. single-family to multi family). " (The proposed amendment does not increase the number of dwelling units. Therefore, the proposed PUD amendment is exempt from the requirements of school concurrency.) Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the amendment for consistency with the CCME. Environmental review staff has determined the petition may be found consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County Growth Management Plan as discussed above. The proposed amendment is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP if the conditions recommended by staff are adopted as part of any approval. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 5 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) Packet Page -1633- 3/13/2012 Item 17.A. Environmental Review: Environmental Services staff is recommending approval. Please note that the PUD document does clarify the Preserve acreage being provided has been reduced from;;,ek. 59 to 56 acres due to a right of way taking by FDOT (see PUD pg. 2 -5). The 56 acres being provided continues to exceed the minimum of 44.96 acres required for preserve. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues as well as roadway capacity, and recommends approval subject to the Developer /owner commitments as provided in Section 7.7 of Ordinance Number 03 -28, the existing PUD Ordinance. Zoning Services Review: The Master Plan shows the general use areas proposed by the petitioner. Additionally, right -of -way areas are generally depicted. Due to the size of the project, building orientations and building locations and other details are not shown on the Master Plan. The Master Plan includes the following summary and legend information: R I RESIDENUAL - 118.1 Ac. �r�/y� it GOLF OPEN SPACE - 262.7 P r PRESERVE - 53$ 56.0 (VC- VILLAGE CENTER - 21.5 F" FDCVT RIGHT- OF-WAY- 4.72 FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. In this amendment, the petitioner is adding "Villa" to list of uses within the Residential portion of the project and the use "Personal Services, Convenience Goods, Offices or Similar Non - Residential Uses to serve the PUD residents" to the Village Center portion of the project. Staff does not foresee any adverse impacts from these two additional uses. The screening, buffering and setbacks required by the LDC and the PUD document should adequately address any potential incompatibility of the proposed new uses. Zoning Staff is of the opinion that this project will be compatible with the adjacent uses and zoning in the area. PUDA- PL2011 -343: TUSCANY RESERVE PUD January 19, 2012 CCPC Revised: 12/20/11 (2) Packet Page -1634- Page 6 of 14 3/13/2012 Item 17.A. Deviation Discussion: The deviation is listed in PUD Section V — Village Center 5.4.G, with the petitioners' rationale provided to support the deviation provided in the Deviation and Justification document that is included in the application material. Deviations are a normal derivative of the PUD rezoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs .... may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest .... Deviation 1 seeks relief from LDC Sections 4.07.04.B.4.b and 4.07.04.B.8, Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component, a) which permits certain Village Center Commercial uses only after 30% of the dwelling units are constructed, and b) requires 80% of the dwelling units must be located within 1/3 mile of the Village Center. The deviation will allow a) commercial uses in the Village Center area to be developed concurrent with project construction with no percentage limitation; and b) allow 70% of the residential development tract acreage to be located within 1/3 mile of the Village Center area as depicted on the conceptual PUD master plan. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The Village Center area is also the amenity center for the Tuscany Reserve project and will house the Golf Clubhouse and related facilities, including any small -scale retail, office or personal service uses. The deviation will allow the establishment of small -scale commercial uses concurrent with construction of the project amenity area and to be available to serve the residents of the community as the community develops. It is very likely that most, if not all, small -scale commercial uses will be located in the clubhouse facility and it is logical that the developer will want to provide for these services to residents before 30% of the units are complete. This is also a convenient and economical way for residents to have access to these services, most of which are commonly associated with a Golf Course Clubhouse. The location of the Village Center is within 1/3 mile of approximately 70% of the planned residential development tracts. Because the ultimate mix and number of residential dwelling unit types have not been determined, the property owner cannot be assured compliance with the LDC standard of having 80% of the approved units within the 1/3 mile radius. The Village Center area is conveniently located central to the overall Tuscany Reserve project and although some residents may be required to travel slightly more than 1/3 mile to obtain the small -scale commercial or personal services, this is significantly less distance than the 1 mile a resident would have to drive north into the City of Bonita Springs or 3+ miles distance to the nearest Collier County PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 7 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) Packet Page -1635- 3/13/2012 Item 17.A shopping center in order to obtain commercial or personal services external to the site. StaffAnalysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "iustified as meeting public purposes to a degree at least equivalent to literal application of such re ations." FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and /or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 8 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) Packet Page -1636- 3/13/2012 Item 17.A. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. Additionally this petition represents an amendment to an approved PUD; no acreage or intensity or density is being added. 8. Conformity with PUD regulations, or as to desirable modifications ofsuch regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking 1 deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of all deviations. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 9 of 14 January 19, 2012 CCPC Revised: 12/20111 (2) Packet Page -1637- 3/13/2012 Item 17.A. 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME. Therefore, staff recommends that this petition be deemed consistent with the GMP subject to staffs conditions of approval. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 10 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) Packet Page -1638- 3/13/2012 Item 17.A. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, and further, believes the public interest will be maintained. PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 11 of 14 January 19, 2012 CCPC Revised: 12/20111 (2) Packet Page -1639- 3/13/2012 Item 17.A. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property is already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM : The NIM meeting was duly noticed by the applicant and held on October 13, 2011. D. Wayne Arnold, agent for the applicant opened the meeting at 5:40 p.m. In attendance were Bruce Anderson, Erica Rogan and John Asher representing K.E. Tuscany Reserve Properties, LLC and Kay Deselem representing Collier County. At the time the meeting began five people were in attendance and other people came in five to ten minutes later. A sign -in sheet was provided at PUDA- PL2011 -343: TUSCANY RESERVE PUD January 19, 2012 CCPC Revised: 1220/11 (2) Packet Page -1640- Page 12 of 14 3/13/2012 Item 17.A. the entrance of the meeting room and eight of the ten attendees signed in. Aerial photographs of the site and surrounding area, and a copy of the conceptual PUD master plan were displayed. Mr. Arnold gave a description of the development that existed today and then continued to explain what was being proposed in the amendment request. Mr. Arnold mentioned that the document would be subject to change as Staff and CCPC provided comments. Mr. Arnold explained the deviation request and changes being requested in the PUD document and offered to provide copies of the PUD document to anyone that would like a copy. Mr. Arnold explained that the total number of dwelling units was not being increased. Mr. Arnold concluded his presentation and asked from comments or questions from the neighbors. Questions asked were regarding the maximum height, if there would be any density changes, would multi - family or single family be located on the south end of the project, what type of buffer was proposed along Veterans Memorial Blvd. Mr. Arnold addressed the question regarding height and explained that the County, because of policy changes, was requiring the petitioner to revise the PUD document to list actual and zoned heights. Mr. Arnold explained that the zoned heights were not changing for buildings in the residential development tracts. The existing height would be listed as the zoned height and the actual height is typically ten feet higher than the zoned height. Building height in the Village Center may be modified due to elevations in the Village Center area. Mr. Asher addressed questions pertaining to the development of the tracts and timing of development. Mr. Arnold invited anyone with further questions to call his office or to contact Ms. Deselem. Copies of the strikethrough and underline version of the PUD document were offered to attendees. The meeting was adjourned at approximately 6:15 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on December 20, 2011. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA- PL2011 -0343 to the BCC with a recommendation of approval subject to the conditions contained in the attached amending ordinance. PUDA- PL2011 -343: TUSCANY RESERVE PUD January 19, 2012 CCPC Revised: 12/20/11 (2) Packet Page -1641- Page 13 of 14 PREPARED BY: KAY'DE$ELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES ILLIAM D. L NZ, A., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NI CAALANGU PT TTY ADMINISTRATOR GROWTH MANAGEMENT DIVISION 3/13/2012 Item 17.A. DATE ILI —`�`�I — DATE r2- -2c,-IziI DATE DATE Tentatively scheduled for the March 13, 2012 Board of County Commissioners Meeting PUDA- PL2011 -343: TUSCANY RESERVE PUD January 19, 2012 CCPC Revised: 12/12/11 Packet Page -1642- Page 14 of 14 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 3/13/2012 Item 17.A. Co fer County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliemov.net APPLICATION FOR PUBLIC HEARING FOR: 0 AMENDMENT TO PUD (PUDA) ❑ PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE (PUDZ -A) Project #: PL20110000343 Rev: 1 PETITION NO Project Name: TUSCANY RESERVE Date: 7/20111 PROJECT NAME DUE: 8/17/11 DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) KE Tuscany Reserve Properties, LLC ADDRESS 16990 Livingston Road CITY Naples STATE FL ZIP 34110 TELEPHONE # 239.261.6798 CELL # E -MAIL ADDRESS: Dasher @kitsonpartners.com FAX # 239.597.4266 NAME OF AGENT D. Wayne Arnold, AICP and R. Bruce Anderson, Esq. ADDRESS 3800 Via Del Rey and 850 Park Shore Drive CITY Bonita Springs/ Naples STATE FL ZIP TELEPHONE # 239.947.1144 and 239.649.2708 CELL # FAX # 239.947.0375 and 239.261.36% E -MAIL ADDRESS: wamold @gradyminor.com and banderson @ralaw.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. February 4, 2011 Packet Page -1643- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION C filer County ASSOCIATIONS i w. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Q Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http• / /www collieraov net /Index aspx ?page =774 E +�a)+ NAME OF HOMEOWNER ASSOCIATION: Tuscany Reserve Community Association, Inc. N MAILING ADDRESS 4500 PGA Blvd., suite 400 CITY Palm Beach Gardens STATE FL Zip 33418 T NO NIAME OF HOMEOWNER ASSOCIATION: Tuscany Reserve Community Development District M MAILING ADDRESS 5701 N. Pine Island Road CITY Fort Lauderdale STATE FL Zip 33321 Ch NAME OF HOMEOWNER ASSOCIATION: Toscana I at Tuscany Reserve Condominium Association, Inc. MAILING ADDRESS 16980 Livingston Road CITY Naples STATE FL Zip 34110 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP February 4, 2011 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 3/13/2012 Item 17.A. c e',-r county 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. I Name and Address I % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address I % of Ownership February 4, 2011 Packet Page -1645- ti E a) N r O N M co C6d-ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address % of Ownership KE Tuscany Reserve Properties, LLC 100% KE TUSCANY RESERVE HOLDINGS, LLC 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS FL 33418 Please see Exhibit 1 - Disclosure of Interest Attachment for breakdown on LLC ownership detail of property acquired January 31, 2011 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address I % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address February 4, 2011 e 3/13/2012 Item 17.A. Exhibit 1 Disclosure of Interest Attachment Tuscany Reserve DRI / PUD List Identifying Officers of Owner /Applicant and Persons Having Greater than 1 % Ownership Interest in Owner /Applicant LLC Property Owner /Applicant: KE Tuscany Reserve Properties, LLC 4500 PGA Blvd, Suite 400 Palm Beach Gardens, FL 33418 Officers of Owner /Applicant: CEO — Sydney Kitson President —John Gleeson Executive Vice - President — Thomas Hoban Executive Vice - President — Michael Rippey Vice - President — Charles DeSanti Secretary and Treasurer — George Speer Assistant Secretary — Erica Rogan Members of Owner /Applicant: 1. KE Tuscany Reserve Holdings, LLC 4500 PGA Blvd, Suite 400 Palm Beach Gardens, FL 33418 Members of KE Tuscany Reserve Holdings, LLC 1. Kitson — Evergreen, LLC 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 Members of Kitson - Evergreen, LLC 1. Kitson Investment Partners 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 2. Evergreen Florida Development, LLC 150 South Wacker Drive, 31st Floor Chicago, IL 60606 (continued) Packet Page -1647- 1 ti Ir- E a) N r O N M M Members of Kitson Investment Partners: 1. Sydney Kitson 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 2. Thomas Hoban 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 3. Charles DeSanti 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 4. Richard Brockway 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 Members of Evergreen Florida Development. LLC 1. Evergreen Real Estate Partners, LLC 150 South Wacker Drive, 31 st Floor Chicago, IL 60606 Members of Evergreen Real Estate Partners, LLC 1. Washington State investment Board* 2100 Evergreen Park Drive SW Olympia, Washington 98502 ( *WSIB is a state pension plan beneficially owned by its plan participants.) 2 3/13/2012 Item 17.A. Co e4 r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net g. Date subject property acquired ® Jan 31, 2011 leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 12 /48S / 25E and 7 / 48S / 26E Lot: Block: Subdivision: Tuscany Reserve Plat Book: Page #: Property I.D. #: Metes & Bounds Description: Please see attached Exhibit 2 - Metes and Bounds Size of property: ft. X ft. =Total Sq. Ft. Acres 461.29 acres Address /general location of subject Property: 16990 Livingston Road, 8 110th of a mile north of Veterans Memorial Blvd. PUD District (LDC 2.03.06): Q Residential ❑ Community Facilities ❑ Commercial ❑ Industrial February 4, 2011 Packet Page -1649- Exhibit 2 Metes and Bounds I" 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 Corner of Section 7, Township 48 South, Range 26 East run Q thence along the North boundary of the Northwest one - quarter (1/4) of said Section 7, 5.89 °52'09 "E. 2420.80 feet to a point on the Westerly right-of-way line of Interstate E Highway 75 (324' Right of way); thence along said Westerly right -of -way line for the a) following three (3) courses 1) S.19 °30'43 "E. 2329.79 feet to a point of curvature; 2) N 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 19 °25'46" (chord bearing S.09 °46'20 "E., 1883.77 feet); 3) C) 5.00 °01'57 "E. 1243.42 feet to a point on the South boundary of the Southeast one - quarter co (1/4) of said Section 7; thence along said South boundary N.89° 10' 15 "W., 844.32 feet; i M 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 corner 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, 5.89 °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 (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. 3/13/2012 Item 17.A. co, ffeY Couvtty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ADJACENT ZONING AND LAND USE Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range -/_/_ Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the RPUD zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Single and Multi Family Residential and Golf Course Proposed Use (or range of uses) of the property: Single and Multi Family Residential and Golf Course Original PUD Name: Tuscany Reserve RPUD Ordinance No.: 03 -28, 04 -47 February 4, 2011 Packet Page -1651- Zoning Land Use N PUD Vasari (residential) S ROW and PUD Veterans Memorial Blvd and Pelican Strand PUD (mixed use) E ROW Interstate 75 (1 -75) SIN ROW, PUD and A I Livingston Road, Mediterra PUD (residential) and FPL Easement Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range -/_/_ Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the RPUD zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Single and Multi Family Residential and Golf Course Proposed Use (or range of uses) of the property: Single and Multi Family Residential and Golf Course Original PUD Name: Tuscany Reserve RPUD Ordinance No.: 03 -28, 04 -47 February 4, 2011 Packet Page -1651- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION (Zit er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov. net EVALUATION CRITERIA Q Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the T E Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. N Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. N PUD Rezone Considerations (LDC Section 10.02.13.6) N co 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other M utilities. Please see Exhibit 3 - Evaluation Criteria Attachment. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Please see Exhibit 3 - Evaluation Criteria Attachment. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) Please see Exhibit 3 - Evaluation Criteria Attachment. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Please see Exhibit 3 - Evaluation Criteria Attachment. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Please see Exhibit 3 - Evaluation Criteria Attachment. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Please see Exhibit 3 - Evaluation Criteria Attachment. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Please see Exhibit 3 - Evaluation Criteria Attachment. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Please see Exhibit 3 - Evaluation Criteria Attachment, February 4, 2011 3/13/2012 Item 17.A. Exhibit 3 Evaluation Criteria Attachment Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.13) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Tuscany Reserve PUD is an approved and partially developed residential golf course project. The proposed amendments are minor revisions to the PUD, which reflect alternative residential dwelling units types and standards. No additional dwelling units are proposed and the maximum number of dwelling units will remain at 799. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. KE Tuscany Reserve Properties, LLC recently acquired undeveloped lots and common elements for the Tuscany Reserve Project. A copy of the Deed, which describes the real property owned by the successor developer, has been included in the application. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) No revisions to the Tuscany Reserve PUD are proposed which would have any effect on the consistency of the project with the Collier County Growth Management Plan. The substance of this minor PUD amendment is to reflect a Evaluation Criteria Attachment Packet Page -1653- Page 1 of 2 i broader range of residential development types which may be developed within the project. (" 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The project will remain compatible with surrounding development. No changes Q are being made which would warrant modification of the existing landscape ti buffers. The proposed amendments provide minor refinement of permitted V- dwelling unit types to accommodate a mix of dwelling unit types consistent with Nother approved residential golf course communities within the area. N 5. The adequacy of usable open space areas in existence and as proposed to serve the C:) development. N M MThe proposed amendments will have no impact to the usable open space areas within the PUD. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. This standard is not applicable. Dwelling units constructed within the Tuscany Reserve project will continue to pay applicable impact fees. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This standard is not applicable. All properties adjacent to Tuscany Reserve are zoned and under development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed revisions to permit an additional dwelling unit type and appropriate development standards are consistent with other existing development types found in Collier County. The proposed changes have no effect on the project's consistency with the Growth Management Plan and Land Development Code. Evaluation Criteria Attachment Page 2 of 2 i 3/13/2012 Item 17.A. C 0. 67 r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes 0 No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Q Yes ❑ No If so, please provide copies. See attached Exhibit 4. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezonin for or a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.0.) February 4, 2011 Packet Page -1655- i 2 ti r E N N r O N M r co COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co C er county 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collier-gov.net PUD AMENDMENT (PUDA) PUD REZONE (PUDZ) - PUD to PUD REZONE (PUDZ -A) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED Tn EAr41 S ;rTInN NATO. INrnmwrTC UIuniTTAvc umv ki^, REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRE STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary X Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download application from web for current form) ❑ ❑ p PUD Conceptual Master Site Plan 24" x 36" and One 8 1 /s" x 1 1 " copy ❑ 1 ❑ X Revised Conceptual Master Site Plan 24" x 36 "and One 8 1/2" x 11" copy ❑ ❑X ❑ Original PUD doc ord and Master Plan 24" x 36" — ONLY IF AMENDING THE PUD ❑ X ❑ Revised PUD application with changes crossed thru & underlined ❑ ❑X ❑ Revised PUD application w amended Title page w ord #'s, LDC 10.02.13.A.2 ❑ ❑ ❑ Justification /Rationale for the Deviations (must be on a separate sheet within the application material; please DO NOT include it in the PUD documents) ❑ El Copies of the following: Deeds /Legal's & Survey (if boundary of original PUD is amended) 3 Q ❑ List identifying Owner & all parties of corporation 2 0 ❑ Owner /Affidavit signed & notarized 2 Q ❑ Covenant of Unified Control 2 ❑ ❑ Completed Addressing checklist 2 0 ❑ Environmental Impact Statement (EIS) and digital electronic copy of EIS or exemption justification 4 ❑ nx Historical Survey or waiver request 4 ❑ Utility Provisions Statement w /sketches 4 ❑ ❑ Architectural rendering of proposed structures 4 ❑ ❑ Survey, signed & sealed 4 Q ❑ Traffic Impact Statement (TIS) with applicable fees. For TIS guidelines & procedures refer to htti)://www.colHergov.net/Index.aa e =566 7 El El Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400' 5 ❑ ❑X Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 0 ❑ Copy of Official Interpretation and /or Zoning Verification 1 ❑ School Impact Analysis Application — residential projects only (download the School Impact Analysis Application from website) 2 ❑ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas - Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry (7p 239 -690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. February 4, 2011 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION /. PLANNING AND REGULATION Cor County AFfIDAVIT 3/13/2012 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net We /I, John M Gleeson President of KE Tuscany Reserve Properties LLC a Delaware Limited Liability Company being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize Q. Grady Minor and Associates, P.A. and R. Bruce Anderson, Esq. of Roetzel & Andress, L.P.A. to act as our /my representative in any matters regarding this Petition. KE Tuscany Reserve Properties, LLC, a Delawared limited liability company By. f I n M. Gleeson President The foregoing instrument was acknowledged before me this �day of - 3.�,,� , 2011, by John M. Gleeson. President of KE Tuscany Reserve Properties, LLC, a Delaware Limited Liability Company who is personally known to me or has produced as identification. State of <--L— (Signature of Notary Public — State of County of n1 \`, Florida) �, % (Print, Type, or Stamp Commissioned P r ALEXIS BARTON `p Notary Public - State ONoriOa Name of Notary Public) rc My Comm. Expires Jan tt, 2015 � Commission # EE 54752 Project #: PL20110000343 Rev: 1 Project Name: TUSCANY RESERVE Date: 7/20/11 February 4, 2011 DUE: 8/17/11 Packet Page -1657- 0 ti Ir- E N N O N co T- co s ( is 1, ieAt, 02/2312011, :-U 11:36 FA% 2399470375 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION( PLANNING AND REGULATION Please complete the following and fax to the Operations Addressing Department at the above address. Fo ro., 3/13/2012 Item 17.A. 00 011010 2800 NORTH HORSESHOE DRIVE NAPLI =S, FLORIDA 34104 (239) 252 -2400 FAX (239) 252.5724 WWW.COLLIERGOV ent at 239 - 2525724 or submit in person to the Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department, PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Patltlon type) ❑ SL (Blasting Permit) SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival /Girous Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) . ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change tb SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) © LLA (Lot Line Adjustment) Cj SNC (Street Name Change, Unpletted) [j PNC (Project Name Change) ❑ .TDR (Transfer of Developmarit Rights) Q PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) © PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ® OTHER NOPC and PUD Amendment LEGAL MSCRIPTION of subject property or properties (copy of lengthy descrlptlon maybe attached] TUSCANY RESERVE DRI / PUD -741 Z_ ! L� g -- -Z_ C FOLIC} (Property ID) NUMBER(s) of above (attach to, or associate with, legal descrtpfion If more than one) 78$34001329 STREET ADDRESS or ADDRESSES (as applicable, ff already assigned) 16980 LIVINGSTON ROAD • LOCATION MAP must be attached showing exact location of projectlslte in relation to nearest public road right- of'-way SURVEY (copy -needed only for unplatted properties) PROPOSED PROJECT NAME (lrappllcable) PROPOSED STREET NAMES (If applicable) SITE DEVELOPMENT PLAN NUMBER (for existing proJeetsfsites only) SDP or AR # Project #: PL20110000343 Rev: 1 Project Name: TUSCANY RESERVE Date: 7/20/11 +' DUE: 8/17/11 Packet Page -1659- Em ti rC C N N r 0 N co C'7 U2 /2:S /Zell WED 11:36 rAx 2399470375 20021010 t Gant COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252.2400 FAX (239) 252 -5724 AWVrf. COLLIERPOV. N ET Project or development names proposed for, or already appearing in, condominium documents (if appilcatiom indicate whether proposed or existing) TUSCANY RESERVE DRI / PUD Please Check One: ® Checklist is to be Fexed back [] Personally Picked Up APPLICANT NAME: SHARON UMPENHOUR PHONE 239,947.1144 FAX 239.947.0375 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number (Primary) Sx—y— Folly Number Folio Number Folio Number Approved by: l 1. C.L Date:_. 6 " Z — 14 Updated by: pate: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUSMITTrzD b y ti7 4 N r c� RP "C7 W ttq N �y N• h 1.fl i tV Q OTO /0702 04 J�° 'p tq ��� �� a C D Packet Page -1661- s a h �t I� C L 3/13/2012 Item 17.A. .Q m Ln c H i R Cs N O a m h 0 N w e 7 m cn SLEOLtSS£2 MT 9b17T MrA TTn: ir7/7A 1� 0 r.t 12/Z311U11 WED 11:46 FAX 239947U37b * ** FAX TX REPORT * ** * * * * * * * * * * * * * * * * * * * ** TRANSMISSION OK JOB NO. 1906 DESTINATION ADDRESS 2525724 PSWD /SUBADDRESS DESTINATION ID ST. TIME 02/23 11:35 USAGE T 10'32 PGS. 10 RESULT OK Please complete the following and fax to the Operations Department at 239 - 252 -5724 or submit in person to the Addressing Department at the above address. Form must be .signed by Addressing personnel prior to pre - application meeting, please allow 3 days for. processing. Not all items will apply to every project. items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ BD (Boat Dock Extension) Carnival /Circus Permit .❑ CU (Conditional Use) ❑ EXP (Excavation Permit) [❑ FP (Final Plat ❑ LLA (Lot Line Adjustment) ❑ PNC (Project Name Change) ❑ PPL (Plans & Plat Review) ❑: PSP (Preliminary Subdivision Plat) ❑ PUD Rezone ❑ RZ (Standard'Rezone) ❑ SDP (Site Development Plan) ❑ SDPA (SDP Amendment) ❑ SDPI (Insubstantial Change to SDP) ❑ SIP (Site Improvement Plan) . _❑ SIPI (Insubstantial Change to SIP) [] SNR (Street Name Change) ❑ SNC (Street Name Change — Unpiatted) ❑ TDR (Transfer of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ® OTHER NOPC and PUD Amendment LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) TUSCANY RESERVE DRI / PUD FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 78534001329 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 16980 LIVINGSTON ROAD • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right - of -way • SURVEY (copy - needed only for unplatted properties) W 001 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION coffier county 3/13/2012 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET Please complete the following and fax to the Operations Department at 239 -252 -5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival /Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) . ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑. PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ® OTHER NOPC_and PUD Amendment LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) TUSCANY RESERVE DRI / PUD FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 78534001329 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 16980 LIVINGSTON ROAD • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right - of -way • SURVEY (copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects /sites only) SDP or AR # Packet Page -1663- :j COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co r eir Cmnty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Q TUSCANY RESERVE DRI / PUD r` E Please Check One: ® Checklist is to be Faxed back ❑ Personally Picked Up N 0 APPLICANT NAME: SHARON UMPENHOUR M PHONE 239.947.1144 FAX 239.947.0375 M Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number (Primary) _ Folio Number Folio Number Folio Number Approved by: Updated by: Date: Date IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED S• �F Details 3/13/2012 Item 17.A. Property Record • Sketches Trim Notices Current Ownership 4 116980 LIVINGSTON RD � [785340011329 TUSCANY RESERVE TRACT L NOR= - 12 48 25 2.64 .. 11 677450 L 13Al2 KE TUSCANY RESERVE PROP LLC 1 [ TUSCANY RESERVE FD STE 400 116.1239 ,RDENS FL 35 33418-0 TUSCANY RESERVE TRACT L NOR= - 12 48 25 2.64 .. 11 677450 L 13Al2 J•See instructions for Calculations Agvnp = Taxable Value_ are f Ch ib School Taxable Value. Apq UT6, 2010 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History The information is Updated Weekly. http://www.collierappraiser.com/RecordDetall.asp?Map=No&Folir)Tr)=r)f)nnn7R;-'A4f)ni,2"n /23/2011 11:17:40 AM] Packet Page -1665- 67� 1 [ TUSCANY RESERVE 116.1239 owl 35 IMPROVED COMMERCIAL 11 97 15.6990 J•See instructions for Calculations Agvnp = Taxable Value_ are f Ch ib School Taxable Value. Apq UT6, 2010 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History The information is Updated Weekly. http://www.collierappraiser.com/RecordDetall.asp?Map=No&Folir)Tr)=r)f)nnn7R;-'A4f)ni,2"n /23/2011 11:17:40 AM] Packet Page -1665- '�' - �" g� ,�>�— FI:,a��+r• �'�0j°}T ash a�1x�+�h � �.rd A �..: .e tfi �" �.,.T"K"'�� a Tn i �, y'g --s" }'i^,- Pr�"r1r•i`?F`I- .".{ fi l'� i� L� yr FF.v .,r L t '•-S �, ti- �' a,i'.` A �i`.`+�' -1 a J`r�„6q. r `_'` i i 4 A i T? 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W W [)) W W W W w W w w W w w W > > > > > > > > > > > > > > > > > > > > w w w w w w w w w w w w W w w W w w w w v) (n N h N N try U) W V) U) Co 4) U) fn V) to V) U) w W w W W l)) W W w w w w W w w W w w w w C z, , a w� w� w w z z rrr�- �- �- �- rrrrr-�- �- r•rrrrr- z z z z z z z z z z z z z z z z z z z z � a a a a a¢ a a a a d.a a a a a a a a a U U U U U U U v U U U U 0 U U U U U U U V) N !A fA V1 to U1 y M f7 N M N y y N N y N > > > 3 7 7 > > > > > > > > 7 > > > 7 w W w w W W w W W W W W W w W w w W w w Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y SC Y Y Y Y Li T C Q C R CL Z G O O O m G N O et [D tD d' �i' O N n W at h 1D O W N N O O a O N O Of O O w O O O O LL M O M r �y r N M N M r•� N N M M M N e•J N r M 0 v O 0 a O O 0 0 v p O 0 0 r O 0 O 0 v O O 0 0 et O 0 v O 0 v eh O 0 et O 0 eF O 0 et O O o 0 0 0 a st O 0 t cF O 0 M M M M M M M M M M M M M M M M M M LO w w w w w w w w m w w w w w ko w w w w w Co n w n m Co n n w m n n w n m n w co n m n m h m n w 0o n h w w oo n n n w co h n Packet Page -1671- 3/13/2012 Item 17.A. 0 N N N I I a O" O N N N O t O N V) cam" Q, j� �s I W � b a� E dl O n y ) O U 3 rs . Q ti E a) N r O N c j LO co co L R d W L 0 V R R s -a c 0 N 'G O V d T 4- 0 Lo cu a. �1 O �tl O Mj0 �N O of co 7 0 N N H a d kn d- d- 0 N N O O N Cam• L]. ai C7 0 U s. U 0 U INSTR 4522033 OR 4648 PG 828 RECORDED 2/2/2011 9:39 AM PAGES 14 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $217,000.00 REC $120.50 INDX $1.00 CONS $31,000,000.00 This Instrument Prepared By: Coleman, Yovanovich & Koester, P.A. Attn: Matthew L. Grabinski, Esq. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 After Recording Return to: Roetzel & Andress Attn: Mark J. Price, Esq, Trianon Centre 850 Park Shore Drive, 3'd FIoor Naples, Florida 34103 Phone: (239) 649 -2710 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY 2011, by and between AB NAP] PISTOIA, LLC, a Florida Iimite� limited liability company, aY company, whose mailmg dr Northern Trust Bank But in 34103, Naples (hereinaft �r c llec RESERVE PROPERT S, �a address is 4500 PGA Boufevai (hereinafter, the " Grante ' i\��,.. (Whenever used here', - terms " to this instrument and ear snecti 3/13/2012 Item 17.A. Project #: PL20110000343 Rev: 1 Project Name: TUSCANY RESERVE Date: 7120/11 DUE: 8/17/11 _ismade and executed this day of January, :ZQ i ware limited liability company, AB ci TOSCANA 802, LLC, a Florida SCANA 80I} C, a Florida limited Iiability : c/o Coleman, ovanovich & Koester, P.A., mtiarflirail I�prthi Suite 300, Naples, Florida r.�'ferred tQ as "C+�r� antor ") and KE TUSCANY 0 J �tee����1 "�bili company, whose mailing rdt /B�aci Gardens, Florida 33418 L_ f include all the parties WITNESSETH: That the t i f z E . "nsideration of the sum of $10.00 and other valuable considerations, receipt heree``P;i"7iereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee all that certain land situate in Collier County, Florida, more particularly described on Exhibit "A" attached hereto (the "Property "). TOGETHER with all tenements, hereditaments, easements and appurtenances thereto belonging or in anywise appertaining. AND the Grantor hereby covenants with said Grantee that the Grantor is Iawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that the Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other, and that the Property is free of encumbrances, except for matters reflected on Exhibit "B" attached hereto ( "Permitted Exceptions'). TO HAVE AND TO HOLD, the same in fee simple forever. Packet Page -1673- OR 4648 PG 829 i ti E N N Ir- O N co co IN WITNESS WHEREOF the Grantor has caused these presents to be executed the day and year first above written. SIGNED IN THE PRESENCE OF: Witness Signature Printed Name: Matthew L Grabinski 412- Witness ature Printed e•__,y .,k 0. Onre Witness Signature Printed Name: Witness Sire; Q Printed Name: M , ,k Witness'Signature Printed Name: Matthew L Grabinski - , Cz� Witness i ature Printed Name: NJ,.k 7. Pr: cr Witness Signature Printed Name: tthA,A, 1- Graw ki Witness Si e Printed Name:_ Nt ,� VY GRANTOR: AB NAPLES, LLC, a Delaware limited liability company By: AB Naples Holdings, LLC, a Delaware limited liability company, its Manager and Sole Member By: AB Tuscany Holdings, Inc., alawaze corpor 'on, its Manager By: - r� Wae Aburida, President J" ' C1- t, LLC, Flojd�jinAt* liability company AB TOSCANA 802, LLC, a Florida limited Iia ' ty company By: V& Wael �`UridaYAanager AB TOSCANA 804, LLC, a Florida limited Iia ' iry company By: Wael urida, Manager Special Warranty Deed Page 2 of 12 OR 4646 PG 830 STATE OF FLORIDA COUNTY OF COLLIER 3/13/2012 Item 17.A. The foregoing instrument was acknowledged before me this 2 day of January, 2011, by Wael Aburida, President of AB Tuscany Holdings, Inc., a Delaware corporation, and such corporation is the Manager of AB Naples Holdings, LLC, a Delaware limited liability company, which company is the Manager and Sole Member of AB Naples, LLC, a Delaware limited liability company, on behalf of the Company and is L] personally known by me or [has produced ��_ t� A,.4 g (;, as identification. CO �SSON t DD T47097 ;: trtcoM �n�n2o.zo/2 Notary Public �; Printed Name: Matthew L Grabinski STATE OF FLORIDA COUNTY OF COLLIER The foregoing instruine4, oiw. ld by Wael Aburida, as Man al bf istdia behalf of the Company r rsc ArQ &«b Lo4e5 10 ntification. T_ MY coMMIMON t DD 74709T- Dff SM-b u N20,2012 STATE OF FLORIDA COUNTY OF COLLIER Expires; day of January, 2011, liability company, on or [has produced " ' =' Matthew L Grabinski hl3 d Name: My Commission Expires: The foregoing instrument was acknowledged before me this A? day of January, 2011, by Wael Aburida, as Manager of AB Toscana 802, LLC, a Florida limited liability company, on behalf of the Company and is [I personally known by me or has produced U,A, ( Ar.6 ID as identification. Notary Public �• MATMEWGEiAM01 Printed Name: Matthew L Grabinski MRY COMMISSION t DD 747097 y FJ0'1R amm ary 20 2012 My Commission Expires: Special Warranty Deed Page 3 of 12 Packet Page -1675- 2 ti r N N 0 N co co OR 4648 PG 831 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this �day of January, 2011, by Wael Aburida, as Manager of AB Toscana 804, LLC, a Florida limited Iiability company, on behalf of the Company and is [j personally known by me or L-3, has produced �frd— ar�'�rS_(y as identification. MNotary Public Matthew L GrabinsW SPrinted Name: My Commission Expires: 4411. I 1 4F Special Warranty Deed Page 4 of 12 OR 4648 PG 832 3/13/2012 Item 17.A. LEGAL DESCRIPTION PARCEL l: All of Tuscany Reserve, according to the map or plat thereof as recorded in Plat Book 39, Pages 88 through 95 and all of Arezzo at Tuscany Reserve recorded in Plat Book 48, Pages 80 and 81, Public Records of Collier County, Florida. Less and except the following: Lots 3, 4, 7, 8, 9, 11, 12, 13, 18,20 and 21, Block C, Tuscany Reserve, according to the map or plat thereof as recorded in Plat Book 39, Pages 88 through 95, Public Records of Collier County, Florida; and Lots 1, 2, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16,17 and 18, Block D, Tuscany Reserve, according to the map or plat thereof as recorded in Plat Book 39, Pages 88-tkrough�95 Z,ublic Records of Collier County, Florida; and Lot 2, Block M, Tuscany R through 95, Public Records All of the units of Toscana Declaration of Condominit thereof, Public Records of i t Lands described in F.D.Or: Records Book 4250, Page 7. Those portions of Tract C4 South, Range 26 East, as I County, Florida, being desct 01he map -or' IatMh bof as recorded in Plat Book 39, Pages 88 Florida; and nd inium,1kccorc' ng to the Amended and Restated 41 Page 3i�4, and all exhibits and amendments of Tract FDA, Tuscany ,thereof recorded in I as Parcel 107 in Official on in Section 7, Township 48 88, Public Records of Collier Commence at the Southwest corner'o the ou east at'd ion 7; thence along the South Line of said Southeast 114, South 89 Degrees 36' 45 a rdi3ta�B6fcet to the survey base line of State Road 93 (1 -75); thence along said survey base line, egrees 29'42" West a distance of 150.02 feet; thence North 89 Degrees 36'45" West a distance of 162.02 feet to an intersection with the South line of said Tract CA -3 and the Westerly existing limited access right of way line of said State Road 93 (per Section 03175- 2401) for a Point of Beginning; thence along said South tract line, North 89 Degrees 36' 45" West a distance of 592.27 feet; thence North 01 Degrees 00'26" West a distance of 355.65 feet; thence North 88 Degrees 18' 31" East a distance of 474.80 feet to the East line of said Tract CA -3 also being the West line of said Tract FD -1; thence along said East tract line, South D4 Degrees 32' 18" East a distance of 156.91 feet; thence departing said East tract line, North 89 Degrees 31' 18" East a distance of 109.69 feet to said Westerly existing limited access right of way line; thence along said Westerly existing limited access right of way line, South 00 Degrees 28'42" East a distance of 218.11 feet to the Point of Beginning. 643522 v-0 I \ 123996.0001 EXHIBIT "A" PAGE 1 OF 2 Packet Page -1677- OR 4648 PG 833 PARCEL 2: Q A parcel of land lying in the Southeast on"uarter (1/4) of Section 12, Township 48 South, Range 25 East, (` Collier County, Florida and being more particularly described as follows: r E Beginning at the Northeast comer of the Southeast one- quarter (1/4) of Section 12, Township 48 South, Range 25 East thence run along the East boundary of said Southeast one- quarter (1 /4) of Section 12, S. 00 Degrees 32'29" E., 2423.13 feet; thence S. 89 Degrees 08'54" W., 65.00 feet to a point on the East boundary N of Florida Power & Light Parcel No. 3 as recorded in Official Records Book 437, Page 708 of the Public T_ Records of Collier County, Florida; thence al ong said East boundary, N. 00 Degrees 32128" W, 202033 feet; O thence along Easterly boundary of Florida Power & Light parcel No. 2, as recorded in Official Records Book N 437, Page 708 of the Public Records of Collier County, Florida, N. 04 Degrees 54'55" E., 368.10 feet; thence co along the Easterly boundary of the Florida Power & Li ht right of way (I 10 foot right of way), as recorded in MOfficial Records Book 156, Page 615 of e' ,u "Q Collier County, Florida, N. 00 Degrees 32'28" W., 36.63 feet to a point of inters )}t rbbian of said Southeast one- quarter (1/4) of Section 12; thence along said Notxft �y N. 89 Degee;~� +', 30.00 feet to the Point of Beginning. PARCEL 3: The East 30 feet of the E Section 12, Township 48 PARCEL4: i Lot 14, Block D, Tuscany Re; 88 through 95, Public Records PARCEL 5: :cording to the map of p14 tyre ,a> Clounty, Florida. f .n..� i , J�J � c P -' Northeast one - quarter (114) of '1 yf s recorded in Plat Book 39, Pages Unit 802, Toscana I at Tuscany Reserve, a condominium, according to the Amended and Restated Declaration of Condominium recorded in Official Records Book 4153, Page 3334, and all exhibits and amendments thereof, Public Records of Collier County, Florida. PARCEL 6: Unit 804, Toscana I at Tuscany Reserve, a condominium, according to the Amended and Restated Declaration of Condominium recorded in Official Records Book 4153, Page 3334, and all exhibits and amendments thereof, Public Records of CoIIier County, Florida. EXHIBIT "A" PAGE 2 OF 2 643522 v-0 I \ 123996.0001 OR 4648 PG 834 PERMITTED EXCEPTIONS AS TO ALL PARCELS: A 1. Taxes and Assessments for 2011 and subsequent years. 3/13/2012 Item 17.A. A2. Matters shown on Survey prepared by Q. Grady Minor & Associates dated January 20, 2011, and bearing File No. 10- I36-003.DW(3., as follous: (a) above ground improvements that may disclose underggrround installations are as follows: a. pad mounted electric transformers, light poles; and handholes for electric service; b. different sized connection boxes for cable television, plastic marking signs for natural gas lines; c. manhole, lift/pump stations and cleanout entries for sanitary sewer; d. fire hydrants, water meters, and back flow preventors for water service; e. manhole and catch basis for storm sewer, and (b) Cart Paths located in perimeter lake maintenance easements. AS TO PARCEL 1 i.1. Oil, gas, mineral, or other Deed Book 30, Page 91, Public as to the current record owneri exploration has been exting4ish 1.2. Oil, gas, mineral, Deed Book 34, Page 2 made as to the current exploration has been ex. 1.3. Easement granted to Public Records of Collier ( interest excepted hereiri the-proNdsions of Florida Power & Light Barron Collier Jr. et aI recorded in No determination has been made c\-The right of entry and ice Corporation recorded in No determination has been tote: The right of entry and in O.R. Book 156, Page 605, 1.4. Easement in favor of Fli ovv b a i �r=- orded in O.R. Book 440, Page 972, Public Records of Collier County, Florida 1.5. Easement in favor of Florida Power & Light Company recorded in O.R. Book 742, Page 559, Public Records of Collier County, Florida. 1.6. Conservation Easement granted to South Florida Water Management District recorded in O-R. Book 3080, Page 3245 and partial release recorded in O.R. Book 4554, Page 3232, Public Records of Collier County, Florida. 1.7. Property lies within the boundaries of the Tuscany Reserve Community Development District pursuant to Notice of Establishment of the Tuscany Reserve Development District recorded in O.R. Book 3109, Page 2540, and Declaration of Consent to Jurisdiction of Tuscany Reserve Community Development District and to Imposition of Special Assessments recorded in O.R. Book 3737, Page 1704 and Declaration of Consent to Jurisdiction of Community Development District and to Imposition of Special Assessments recorded in O.R. Book 3940, Page 2046, together with Assignment and Assumption of Declaration of Consent to AB Naples, LLC, recorded in O.R. Book 4360, Page 2960, all of the Public Records of Collier County, Florida and may be subject to the levying of Special Assessments thereof. 643545 v- 011123996.0001 EXHIBIT "B" Page 1 of 8 Packet Page -1679- OR 4648 PG 835 20 ti r N N O N M M 1.8. Covenants, conditions and restrictions contained in that certain Community Declaration for Tuscany Reserve recorded in O.R. Book 3302, Page 1890, as amended by Amended and Restated Community Declaration for Tuscany Reserve, recorded in O.R. Book 3697, Page 2031, and First Amendment to Amended and Restated Community Declaration for Tuscany Reserve recorded in O.R. Book 4104, Page 2506, said rights being assigned to AB 'Nlaples, LLC, pursuant to Assignment and Assumption of Declarant's Rights recorded in O.R. Book 4360, Page 2954, all of the Public Records of Collier County, Florida. 1.9. Easement granted to Florida Power & Light Company recorded in O.R. Book 3364, Page 1693, Public Records of Collier County, Florida. 1.10. Easement granted to Florida Power & Light Company recorded in O.R. Book 3442, Page 2192, Public Records of Collier County, Florida. 1.11. Easement granted to Tuscany Reserve Communi Book 3477, Page 3342, Public Records of e14'er Co 1.12. Easement granted to Tuscanly'Reserve Communi Book 3484, Page 1468, Public`k�e rdds of Collier County, 1.13. Easement granted Book 3486, Page 464, Pul Development District recorded in O.R. District recorded in O.R. District recorded in O.R. 1.14. Any Iiens created or l� iv d pur� iantito)5ih . 1 6, 17 1�ark 19 1~rS., pertaining to community development districts. f.., �-- , Y Z 1.15. All matters contained \tl ' e Plat of Tuscany Rl�:i��,�` as4 /jcded in Plat Book 39, Page 88, Public Records of Collier Coun't?y, Florida. f 1.16. Assignment of Reservation' %�0, _ _ k Page 787, Public Records of Collier sue/ County, Florida. 1.17. Easement granted to Florida Power & Light Company recorded in O.R. Book 3649, Page 165, Public Records of Collier County, Florida. 1.18. Mandatory Club Membership Covenant recorded in O.R. Book 3697, Page 2022 and Amended and Restated Mandatory Club Membership Covenant recorded in O.R. Book 4102, Page 948, Public Records of Collier County, Florida. 1.19. Easement for Cable Television & Communications Service recorded in O.R. Book 3729, Page 2949, Public Records of Collier County, Florida. 1.20. Conveyance of utility facilities by Warranty Deed and Bill of Sale recorded in O.R. Book 3733, Page 4089, Public Records of Collier County, Florida. 1.21. Conveyance of potable water utility facilities by Warranty Deed recorded in O.R. Book 3733, Page 4093 and Bill of Sale recorded in O.R. Book 3733, Page 4096, Public Records of Collier County, Florida. 6.43545 v_01 1123996.0001 EXHIBIT `B" Page 2 of 8 OR 4648 PG 836 3/13/2012 Item 17.A. 1.22. Conveyance of utility facilities by Warranty Deed and Bill of Sale recorded in O.R. Book 3734, Page 371, Public Records of Collier County, Florida. 1.23. Utility Easement granted to the Tuscany Reserve Community Development District recorded in O.R. Book 3734, Page 379, Public Records of Collier County, Florida. 1.24. Declaration and Grant of Easements recorded in O.R. Book 3780, Page 306, Public Records of Collier County, Florida. 1.25. Conveyance of utility facilities by Warranty Deed and Bill of Sale recorded in O.R. Book 3811, Page 1797, Public Records of Collier County, Florida. 1.26. Conveyance of potable water utility facilities by Warranty Deed recorded in O.R. Book 3811, Page 1801 and Bill of Sale recorded in O.R. Book 3811, Page 1811, Public Records of Collier County, Florida. 1.27. Easement granted to 7. Book 3811, Page 1804, Public 1.28. Easement granted to Collier County, Florida. 1.29. Declaration of Consent of Special Assessments rect�rc Florida. r ' 1.30. Easement granted Book 3940, Page 2050, P Collier Reserve ConurrWi4y 17evekSp� of Collier County, Fiv )7 District recorded in O.R. Page 1807, Public Records of t District and to Imposition Records of Collier County, District recorded in O.R. 1.31. Easement granted to Tus 'Resserge- GoI?e"velopment District recorded in O.R. Book 3940, Page 2054, Public Recor j£if�113caGemty,` lorida. 1.32. Easement granted to Tuscany Reserve Community Development District recorded in O.R. Book 3940, Page 2060, Public Records of Collier County, Florida. 1.33. Grant of Lake Maintenance and Drainage Easement recorded in O.R. Book 3940, Page 2062, Public Records of Collier County, Florida- 1.34. Easement granted to Tuscany Reserve Community Development District recorded in O.R. Book 3940, Page 2082, Public Records of Collier County, Florida. 1.35. Grant of Lake Maintenance and Drainage Easement recorded in O.R. Book 3982, Page 1626, Public Records of Collier County, Florida. 1.36. Grant of Lake Maintenance and Drainage Easement recorded in O.R Book 3982, Page 1699, Public Records of Collier County, Florida. 1.37. Grant of Lake Maintenance and Drainage Easement recorded in O.R. Book 3982, Page 1705, Public Records of Collier County, Florida. 643545 v -01 % 123996.0001 EXHIBIT "B" Page 3 of 8 Packet Page -1681- i ti r E N N O N co co OR 4648 PG 837 1.38. Grant of Lake Maintenance and Drainage Easement recorded in O.R. Book 3982, Page 1767, Public Records of Collier County, Florida. 1.39. Grant of Lake Maintenance and Drainage Easement recorded in O.R. Book 3997, Page 1841, Public Records of Collier County, Florida. 1.40. Grant of Lake Maintenance and Drainage Easement recorded in O.R. Book 3997, Page 1848, Public Records of Collier County, Florida. 1.41. Grant of Lake Maintenance and Drainage Easement recorded in O.R. Book 3997, Page 1852, Public Records of Collier County, Florida. 1.42. Conveyance of potable water facilities by Warranty Deed recorded in O.R_ Book 4101, Page 688 and Bill of Sale recorded in O.R.. Book 4101, Page 691, Public Records of Collier County, Florida. 1.43. Easement granted to Book 4101, Page 698, Public 1.44. Easement granted to C Collier County, Florida. I 1.45. Grant of Easement tec Florida. (f„ 1.46. Conveyance of potabl; Page 632 and Bill of Sale rk Florida. 1.47. Easement granted to Cc Collier County, Florida. © ttlrnIWI �t�yelopment District recorded in O.R. County; Flnji�a ��., 4101, Page 701, Public Records of in UU:R'B6o1c 1G 1?age 22 , Publi l `c .� ✓ � r ;l t utility facilities by''uranty De�df in O.R. Book 417i;xge�3A;(Pttbli jf�.fl Records of Collier County, corded in O.R. Book 4171, Records of Collier County, 4171, Page 634, Public Records of 1.48. Utility Facilities Deed recorded in O.R. Book 4338, Page 2605, Public Records of Collier County, Florida. 1.49. All matters contained on the Plat of Arezzo At Tuscany Reserve, as recorded in Plat Book 48, Pages 80 and 81, Public Records of Collier County, Florida. 1.50. Easement in favor of State of Florida Department of Transportation, contained in Order of Taking recorded in O.R. Book 4250, Page 1509, together with Final Judgment stipulating same as recorded in O.R. Book 4302, Page 1397, Public Records of Collier County, Florida. 1.51. Environmental Resource Permit Notice recorded in O.R. Book 4303, Page 2932, Public Records of Collier County, Florida. 1.52. Notice recorded in O.R. Book 4329, Page 3866, Public Records of Collier County, Florida. 643545 v_01 1123996.0001 EXHIBIT "B„ Page 4 of 8 OR 4648 PG 838 3/13/2012 Item 17.A. 153. Matters shown on Survey prepared by Q. Coady Minx & Associates dated Jan my 20, 2011, and bearing File Na 10. 136- 003DWG, as follows: (a) Driveway encroachment along a portion of the southerly boundary line of Tract P; (b) Privacy wall encroachment into the platted public utility easement located in Tract LB -2; (c) Driveway encroachment across a drainage easement in Tract L; (d) Fence along the south side of the northwest portion of the property; fence is clear of the property and ownership has not been determined; (e) Hogwire fence along the east side of the property; fence is clear of the property and ownership has not been determined; (f) Blowoff (believed to be xmtermain) at the southem end of Tract' R' winch falls outside of the platted right of way, (g) Chainlink fence that runs along the north Iine of Tract "P"; fence meanders in and out of Tract "P" by ± .02 "; (h) Storage building that encroaches _+ 0.3" into an easement listed in Item 1.9; and (i) 20" easement from Lake Control listed in Items 1.8 and 6.13 encroaches into Toscana I, a condominium. AS TO PARCEL 2: 2.1. Property lies within the boundaries of the Mediterra South Community Development District as evidenced by Declaration of Consez td'1 qnl, f�Community Development District and to Imposition of Assessments record u-aeX -�S¢e 1986, and Supplemental Notice of Establishment of the Mediterra% tL . ommunity Develop iies*,District on Certain Real Property Within Collier County Ownedb�ong Bay Partners, LLC, feord�d in O.R. Book 2880, Page 428, all of the Public Records o�Corlti oun ,tElnrid fin! may �c subject to the levying of Special Assessments. °" 2.2. Terms, provisions an(i co}�.tna`rtts as stttted rn t le;5pgeral VrA" iity Deed from Long Bay Partners to WCI Communities, Irie�rr eord led itl O,l : oolr_-,. 3255,,JrPq�ge ?�—(3, Public Records of Collier County, Florida. - `i `rte,\ 2.3. Any liens created or 1 pursuant to Chs. 190 * 0, aL � 7 S., pertaining to community development districts. � 2.4. Subject property does not abut,a pOi c s eet-6 Xo ess and Egress is by means of the common ownership of adjacent lan ds�'_1 {L AS TO PARCEL 3: 3.1. Easement granted to Florida Power & Light Company recorded in O.R. Book 156, Page 605, Public Records of Collier County, Florida. 3.2. Terms, provisions and covenants as stated in the Special Warranty Deed from Florida Power & Light Company to WCI Communities, Inc. recorded in O.R. Book 3225, Page 1623, Public Records of Collier County, Florida. 3.3. Conveyance of utility facilities by Warranty Deed and Bill of Sale recorded in O.R. Book 3811, Page 1797, Public Records of Collier County, Florida. 3.4. Conveyance of potable water utility facilities by Warranty Deed recorded in O.R. Book 3811, Page 1801 and Bill of Sale recorded in O.R_ Book 3811, Page 1811, Public Records of Collier County, Florida. 643545 v_01I123996.0001 EXHIBIT `B" Page 5 of 8 Packet Page -1683- OR 4648 PG 839 f f` N N O N M M 3.5. Easement granted to Tuscany Reserve Community Development District recorded in D.R. Book 3811, Page 1804, Public Records of Collier County, Florida. 3.6. Subject property does not abut a public street or road. Ingress and Egress is by means of the common ownership of adjacent lands. 3.7. Matters shown on Survey prepared by Q. Grady Minor & Associates dated January 20, 2011, and bearing File No. 10- 136-003.DWG., as follows: Fence encroachment in easement(s) in Parcel 3. AS TO PARCEL 4: 4.1. Oil, gas, mineral, or other reservations as set forth in deed by Barron Collier Jr. et al recorded in Deed Book 30, Page 91, Public Records of Collier County, Florida. No determination has been made as to the current record owner for the interest excepted herein. Note: The right of entry and exploration has been extinguished by the provisions of Florida Statute 704.05. 4.2. Oil, gas, mineral, or other ryes ' i0 set-�h%, h deed by Brace Corporation recorded in Deed Book 34, Page 263, Public rds of Collier Cisnty r--Piprida. No determination has been made as to the current reco ovvner for the interest except e �her'ek'TL Note: The right of entry and exploration has been extingglshed'�y the' provasians ofl�rida ute 04.05. 4.3. Property lies within the btO j Plt..` . Community Development District pursuant to Notice of Estoblisjunertt d the T�ISC ny escr i!e D:f'veloprr ent District recorded in O.R. Book 3109, Page 2540, apd Diclai�� in 4 Qor"t( '4o Juri "diaio uscany Reserve Community Development District and,1to srtion of�SpecfaFfiiSsessments reeca©rled in O.R. Book 3737, Page 1704 and Declaration of, }nsent to Jurisdiction of Corr muo Development District and to Imposition of 5pecial As4i,; ents recorded in 0 Bookf,39 , Page 2046, together with Assignment and As sumptionbf=ec aration of Consent to `I171a� pies, LLC, recorded in O.R.. Book 4360, Page 29b0, all of the ]?t5 il(> Records of Collier CaCrrtt�c lorida and may be subject to the levying of Special Assessments therif. 4.4. Covenants, conditions and restrictions ontatned in that certain Community Declaration for Tuscany Reserve recorded in O.R. Book 3302, Page 1890, as amended by Amended and Restated Community Declaration for Tuscany Reserve, recorded in O.R. Book 3697, Page 2031, and First Amendment to Amended and Restated Community Declaration for Tuscany Reserve recorded in O.R. Book 4104, Page 2506, said rights being assigned to AB Naples, LLC, pursuant to Assignment and Assumption of Declarant's Rights recorded in O.R. Book 4360, Page 2954, all of the Public Records of Collier County, Florida. 4.5. Any liens created or levied pursuant to Chs. 190, 170, and 197, F.S., pertaining to community development districts. 4.6. All matters contained on the PIat of Tuscany Reserve, as recorded in Plat Book 39, Page 88, Public Records of Collier County, Florida. 4.7. Assignment of Reservations recorded in O.R. Book 3640, Page 787, Public Records of Collier County, Florida. 643545 v_01 \123996.0001 EXHIBIT "B„ Page 6 of 8 OR 4648 PG 840 3/13/2012 Item 17.A. 4.8. Mandatory Club Membership Covenant recorded in O.R. Book 3697, Page 2022 and Amended and Restated Mandatory Club Membership Covenant recorded in O.R. Book 4102, Page 948, Public Records of Collier County, Florida. 4.9. Easement for Cable Television & Communications Service recorded in O.R. Book 3729, Page 2949, Public Records of Collier County, Florida. 4.10. Declaration of Consent to Jurisdiction of Community Development District and to Imposition of Special Assessments recorded in O.R. Book 3940, Page 2046, Public Records of Collier County, Florida. 4.11. Environmental Resource Permit Notice recorded in O.R- Book 4303, Page 2932, Public Records of Collier County, Florida. 4.12. Notice recorded in O.R. Book 4329, Page 3866, Public Records of Collier County, Florida. AS TO PARCEL 5 (ONLYI: S.1.Mortgage and Security A,gre ,gent by AB Naples, LLC, a,f>elaw,are limited liability company, in favor of Deere Credit, Inc./a Dda e c Io dated March 2�, 2009, and recorded April 7, 2009, in O.R_ Book 4441, Page602'uisIi� Records o Clollier Cdpnty;, Florida. 6.1. Terms, covenants, c Declaration of Condomi2 Amended and Restated D exhibits and amendments to AB Naples, LLC, recc County, Florida. Toscana 1 at Tuscan} of Condominium rE{ -.together with Assign E)�lir`.Book 4360, Pag 62. All matters contained on the Plat of Public Records of Collier County, Florida s,s Or assessments pursuant to the _�gghdominium, according to the � //Book 4153, Page 3334, and all ssumption of Developer's Rights of the Public Records of Collier as recorded in Plat Book 39, Page 88, 6.3. Assignment of Reservations recorded in O.R. Book 3640, Page 787, Public Records of Collier County, Florida. 6.4. Easement granted to Florida Power & Light Company recorded in O.R. Book 3649, Page 165, Public Records of Collier County, Florida. 6.5. Mandatory Club Membership Covenant recorded in O.R. Book 3697, Page 2022 and Amended and Restated Mandatory Club Membership Covenant recorded in OT- Book 4102, Page 948, Public Records of Collier County, Florida. 6.6. Easement for Cable Television & Communications Service recorded in O.R. Book 3729, Page 2949, Public Records of Collier County, Florida. 6.7. Conveyance of utility facilities by Warranty Deed and Bill of Sale recorded in O.R- Book 3733, Page 4089, Public Records of Collier County, Florida. 643545 v-0 I \ 223996.0001 EXHIBIT `B" Page 7 of 8 Packet Page -1685- * ** OR 4648 PG 841 * ** ti N N r O N M r M 6.8. Declaration and Grant of Easements recorded in O.R. Book 3780, Page 306, Public Records of Collier County, Florida. 6.9. Grant of Easement recorded in O.R- Book 4167, Page 222, Public Records of Collier County, Florida. 6.10. Oil, gas, mineral, or other reservations as set forth in deed by Barron Collier Jr. et al recorded in Deed Book 30, Page 91, Public Records of Collier County, Florida. No determination has been made as to the current record owner for the interest excepted herein. Note: The right of entry and exploration has been extinguished by the provisions of Florida Statute 704.05. 6.11. Oil, gas, mineral, or other reservations as set forth in deed by Brace Corporation recorded in Deed Book 34, Page 263, Public Records of Collier County, Florida. No determination has been made as to the current record owner for the interest excepted herein. Note: The right of entry and exploration has been extinguished by the provisions of Florida Statute 704.05. 6.12. Property Iies within the pursuant to Notice of Establis Book 3109, Page 2540, and L Development District and to,] 1704 and Declaration ofd Cc Imposition of Special Asses Assignment and Assumption c 4360, Page 2960, all of thej levying of Special Assessment: b 'tlie Tuscan. ' �esgFe Community Development District ie Tuscany Reser d;�elopment District recorded in O.R. of Consent to Jurtsdichonbf Tuscany Reserve Community o-i`S sments\recorded in O.R. Book 3737, Page lunsdict-Ig� on o' ommuriity Development District and to �0-ded* itr Q:R,t,Bts`ok7A940,1 Page 2046, together with ;on df Gonsvt toB,Vaples, LLC, recorded in O.R- Book 1r`ds b ftpl(1er County A lda and may be subject to the 6.13. Covenants, conditiorl�..Wd restrictions contain that r an Community Declaration for Tuscany Reserve recorded i1 \6- t 3ook 3302, Page 1890; , emended by Amended and Restated Community Declaration for Ti2scd iyy. R" - erve, recorded Z •�ook 3697, Page 2031, and First Amendment to Amended and Restaieti Coriin?rnt�+ Dt'claratzbiir Tuscany Reserve recorded in O.R. Book 4104, Page 2506 said rights bet si' a t ial#Ba P les, LLC , pursuant to Assignment and Assumption of Declarant's Rights recorded in OR Bo ok 4360, Page 2954, all of the Public Records of Collier County, Florida. 6.14. Grant of Lake Maintenance and Drainage Easement recorded in O.R. Book 3982, Page 1767, Public Records of Collier County, Florida. 6.15. Matters sho «n on Survey prepared by Q. Grady Mirnr & Associates dated January 20, 2011, and bearing File Na 10- 136-003.DWG, as follo«s. (a) 20" easement from Lake Control listed in Items 1.8 and 6.13 encroaches into Toscana I, a condominium; and (b) Easement listed in Items 1.7 and 6.4 643545 v_01 \ 123996.0001 EXHIBIT `B„ Page 8 of 8 3/13/2012 Item 17.A. Exhibit 1 Disclosure of Interest Attachment Tuscany Reserve DRI / PUD List Identifying Officers of Owner /Applicant and Persons Having Greater than I% Ownership Interest in Owner /Applicant LLC Property Owner /Applicant: KE Tuscany Reserve Properties, LLC 4500 PGA Blvd, Suite 400 Palm Beach Gardens, FL 33418 Officers of Owner/Applicant: CEO — Sydney Kitson President — John Gleeson Executive Vice - President —Thomas Hoban Executive Vice- President — Michael Rippey Vice - President — Charles DeSanti Secretary and Treasurer — George Speer Assistant Secretary — Erica Rogan Members of Owner /Applicant: 1. KE Tuscany Reserve Holdings, LLC 4500 PGA Blvd, Suite 400 Palm Beach Gardens, FL 33418 Members of KE Tuscany Reserve Holdings LLC 1. Kitson — Evergreen, LLC 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 Members of Kitson - Evergreen LLC I. Kitson Investment Partners 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 2. Evergreen Florida Development, LLC 150 South Wacker Drive, 31st Floor Chicago, IL 60606 (continued) Packet Page -1687- Project #: PL20110000343 Rev: 1 Project Name: TUSCANY RESERVE Date: 7/20/11 DUE: 8/17/11 Members of Kitson Investment Partners: 1. Sydney Kitson 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 2. Thomas Hoban 4500 PGA Blvd., Suite 400 Q Palm Beach Gardens, FL 33418 I,- Ir- a) 3. Charles DeSanti 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 N N 4. Richard Brockway co 4500 PGA Blvd., Suite 400 Palm Beach Gardens, FL 33418 co Members of Evergreen Florida Development, LLC 1. Evergreen Real Estate Partners, LLC 150 South Wacker Drive, 31st Floor Chicago, IL 60606 Members of Everareen Real Estate Partners, LLC 1. Washington State Investment Board` 2100 Evergreen Park Drive SW Olympia, Washington 98502 (*WSIB is a state pension plan beneficially owned by its plan participants.) 2 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Cofr County COVENANT OF UNIFIED CONTROL 3/13/2012 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Tuscany Reserve RPUD. 16990 Livinsston Road, Naples FL 34110 (Street address and City, State and Zip Code) and legally described in Section I.2 of PUD Ordinance 03 -28 attached hereto as Exhibit A. The property described herein is the subject of an application for Residential planned unit development (RPUD) zoning. We hereby designate R. Bruce Anderson, Esq. of Roetzel and Andress, L.P.A and D. Wayne Arnold. AICP of O. Grady Minor and Associates, Inc., legal representatives thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives and the owner will remain the only entities to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the proj ect: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The owner identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. KE TUSCANY RESERVE PROPERTIES, LLC a Delaware limited liability company By: l/ Print Name: John M. Gleeson, President Notary Block (next page) Packet Page -1689- Project #; PL20110000343 Rev:1 Project Name: TUSCANY RESERVE Date: 7/20/11 DUE: 8/17/11 i ti N CV O N co co COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION CO *r County State of Florida County of Collier 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET Aoft The foregoing instrument was acknowledged before me this S"-- day of 2011, By John M. Gleeson, President of KE Tuscany Reserve Properties, LLC, a Delaware Limited Liability Company, who is personally known to me ( ) or has produced as identification. ALEXIS BARTON Notary Public - State of Ftorltla 'ec My Comm. Expires Jan 11, 2015 Commission # EE 54752 655882.123996.0006 (Signature of otary Public - State of Florida (Print, Type, or Stamp Commissioned - Name of Notary Public) Exhibit A Tuscany Reserve PUD 1.2 Legal Description 3/13/2012 Item 17.A. 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 Corner of Section 7, Township 48 South, Range 26 East run thence along the North boundary of the 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 19 °25'46" (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 corner 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 (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. Packet Page -1691- i ti E N r O N CO CO Tuscany Reserve RPUD Deviation and Justification A deviation from Land Development Code (LDC) Sections 4.07.04.B.4.b and 4.07.04.B.8, Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component, which permits certain Village Center Commercial uses only after 30% of the dwelling units are constructed, and that 80% of the approved dwelling units must be located within 1/3 mile of the Village Center. The deviation will allow commercial uses in the Village Center area to be developed concurrent with project construction, and allow 70% of the residential development tract acreage to be located within 1/3 mile of the Village Center area as depicted on the conceptual PUD master plan. Justification The Village Center area is also the amenity center for the Tuscany Reserve project and will house the Golf Clubhouse and related facilities, including any small -scale retail, office or personal service uses. The deviation will allow the establishment of small-scale commercial uses concurrent with construction of the project amenity area and to be available to serve the residents of the community as the community develops. It is very likely that most, if not all, small -scale commercial uses will be located in the clubhouse facility and it is logical that the developer will want to provide for these services to residents before 30% of the units are complete. This is also a convenient and economical way for residents to have access to these services, most of which are commonly associated with a Golf Course Clubhouse. The location of the Village Center is within 1/3 mile of approximately 70% of the planned residential development tracts. Because the ultimate mix and number of residential dwelling unit types have not been determined, the property owner cannot be assured compliance with the LDC standard of having 80% of the approved units within the 1/3 mile radius. The Village Center area is conveniently located central to the overall Tuscany Reserve project and although some residents may be required to travel slightly more than 1/3 mile to obtain the small-scale commercial or personal services, this is significantly less distance than the 1 mile a resident would have to drive north into the City of Bonita Springs or 3+ miles distance to the nearest Collier County shopping center in order to obtain commercial or personal services external to the site. 3/13/2012 Item 17.A. GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects July 14, 2011 Mr. John M. Podczerwinsky Development Review Project Manager Growth Management Division Transportation Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Tuscany Reserve PUD Amendment Dear Mr. Podczerwinsky: Project #: PL20110000343 Rev: 1 Project Name: TUSCANY RESERVE Date: 7/20/11 DUE: 8/17/11 We are submitting this letter in lieu of a TIS. The proposed PUD amendment proposes no changes to the density or intensity of the development permitted within the approved PUD. The PUD permits a maximum of 799 which will remain unchanged. The proposed amendment reflects only modifications to the development standards for the residential dwelling units. The modifications will have no impact on traffic impacts to the Collier County roadway network; therefore, no TIS is necessary. Please contact me if you have any questions. Sincerely, D. Wayne Arnold, AICP C: Erica S. Rogan Esq., Vice President Legal Services, Kitson & Partners Communities, 17837 Murdock Circle, Port Charlotte, FL 33948 Bruce Anderson, Roetzel and Andress, 850 Park Shore Dr., Trianon Centre, 3" Floor, Naples FL 34103 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Packet Page -1693- Ph. 239 - 947 -1144 • FCC: 239- 947 -0375 EB 0005151 • LB 0005151 • LC 26000266 w Av gradyminor corn i ti N N 0 N M M ' ANDRESS A LEGAL PROFESSIONAL ASSOCIATION VIA U.S. MAIL & E -MAIL Amy Taylor Facilities Management Department Collier County School District 5775 Osceola Trail Naples, FL 34109 -0919 850 PARK SHORE DRWE TRIANON CENCRE - THIRD FLUOR NAPLES, FL 34103 239.649.2708 DIRECT 239.649.6200 MAIN 239.261.3659 FAx bandeison@ralaw.com www.ralaw.com Project #: PL20110000343 Rev: 1 June 1, 2011 Project Name: TUSCANY RESERVE Date; 7/20/11 DUE: 8/17/11 Kay Deselem Principal Planner, Department of Engineering, -Environment, Comprehensive Planning and Zoning Services Community Development 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Tuscany Reserve DRI /PUD School Impact Analysis Exemption Letter Request Dear Ms. Taylor and Ms. Deselem: This letter and the enclosed application are on behalf of KE Tuscany Reserve Properties, LLC ( "Developer"). The Ronto Livingston Development of Regional, Impact ("DRI ") a /k/a Tuscany Reserve PUD was originally approved in 2000. An amendment has been filed soon to extend the DRI buildout date to January 24, 2017 and to rename the DRI as Tuscany Reserve. The attached application form for the School Impact Analysis reflects .that there .is a School Capacity Review conducted at land use /rezone stage and later a Concurrency Determination is made at the time of review and approval of site plans and subdivisions.-The Ronto Livingston DRI a /k/a Tuscany Reserve PUD is exempt from both types of School Impact Analysis and this correspondence is to request issuance of an Exemption Letter. The County Growth Management Plan, Public Schools Facilities Element Policy 2.2(F) exempts from school concurrency review "Development that has been authorized as a Development of Regional Impact pursuant to Chapter 380, F.S.. as of July 1, 2005." Further, Policy 2.3(A) provides that such a DRI is exempt from a School Impact Analysis ( "S1A "). Specifically it states "The County, through its land development regulations and in conjunction with the School District shall establish a school concurrency review process for all residential development projects that are not exempt under Policy 2.2 of this Element. The following are the minimum review process requirements for all non- exempt residential development: A. Submittal of a Residential Development Application including a School Impact Analysis (SIA) to the County for sufficiency review." Pursuant to the foregoing provisions of the Public School Facilities Element of the County's Growth Management Plan we respectfully request issuance of an exemption letter for the Tuscany Reserve DRI /PUD from the School Impact Analysis which includes both a school capacity review and a concurrency determination. NE'w YORK CLEVELAND TOLEDO ANON COLUMBUS CINCINNA'n WASHINGTON, D.C. TALLAHASSEE ORLANDO FORTMYERS NAPLES FORT LAUDERDALE 650487 v-02 \ 123996.0605 �'. qtr cat School �" Co er Coin 3/13/2012 Item 17.A. Collier County School district School Impact Analysis Application Instrucfians: Submit one copy of completed appHoation and location map for each new residential project requiting a determinatEon of school impact to the Planning Department of the applicable local goverment_ This application will not be deemed complete until ail applicable submittal requirements have been submitted— be advised that additionai docu nentatton /information may be requested dunna the review process. For information regarding this application process; please contact the Students, Stan Projections - .location and keportrig Department at 239 - 377 -0204. Prase check [,,I type of applicaton request Ifltie oniy): [ I Srhooi Capacity Review Exemption Letter j ] Concurency Determination } Concurrency Determination Amendment For. descriptions of' types of review please see page 3, E_ Project information: Project Name- Ronto Livingstone DRI Municipaiity: IVA ark /a. Tuscany Reserve PUD Parcel lDt.. (attach separate sheet for mul"iple parceis): see attached Location/Address of subiect groped 16496 Livingston Road (Attach location map} Closest Major Intersection: Livingston & Imuokalee Road li. Ownership /Agent irtfor atiGn: Owner'Confiaat Purchaser Name(s): John Gleeson, 7residbut ; KE. Tuscany Reserve Properties, LIC AgenVContactPe=n_ R. J3 rvice Anderson (Please note that if agent or contact information.: is completed the District vrili forward all information to that pers-on). Mailing. address: 850 Park Shore Drive, Naples FL 34103 T.elephone#: (239) 649 -6200 Fa;: (239) 26.1 -3659 Email s anderson @ralaw.com J hereby certify the statements andfor information contained in this application with any attachments submitted herewith are true and correct to the test of my knowledge. Owner or Authorized Agent Signature 1 Date M. Development Information Project Data (Unit Types defined on page 2 of application) ( Current Land Use Designation: Urban Residential Proposed Land Use designation: Urban Residential Current Zoning: PUD Proposed Zoning: PUD Project Acreage: r� Unit T e: JSF IMF MH C C Total Units CurrentA Allowed by Type: 1, j Total Units Proposed by Type: e: A 4 Is this a hosed r ec� [ Yes cr r j c *3 I 2 es, lease complete page of this appficaton, Date,"time gip: Packet Page -1695- EXHIBIT 4 3/13/2012 Item 17.A. Project #: PL20110000343 Rev: 1 Project Name: TUSCANY RESERVE Date: 7/20/11 DUE: 8/17/11 February 1, 2011 Mr. R. Bruce Anderson Roetzel & Andress, L.P.A. 850 Park Shore Drive Naples, FL 34103 Re: Tuscany Reserve PUD Sales Center Zoning Verification Letter Dear Mr. Anderson: In your application found sufficient on January 28, 2011, you asked the following questions: (pertaining to the Planned Unit Development ("PUD") of Tuscany Reserve PUD (Ordinance No. 03 -28) specifically: 1. Carl the sales center at Tuscany Reserve continue to be utilized at least until the current buildout date of January 25, 2012 based on either the DRI Buildout Extensions and /or by virtue of Section 7.13 of the PUD and .section 5.04.04 B.4 of the LDC far extension of temporary model sales centers. 2. Can the Developer avail hse f Section 5.04.04 B4 for annual extensions of the temporary- use of the model sales center for one year periods upon demonstration of need, andlor continue to utilize the sales center if a PUD amendment is pending to formally extend the time period to use the sales center? As you note, the buildout date for this PUD/DRI was originally in 2007 and has been extended unti12012. The seven year old limitation contained in the PUD for use of the sales center was tied to the then existing buildout date, therefore, the sales center can continue to be utilized to January 25, 2012. After January 25, 2012 upon a proper demonstration of need use of the sales center can be continued.for a one -year period, after which another one year extension can be granted upon a demonstration of need. Under LDC Section 5.04.04 B.4 there is n.o time limit on how many annual extensions can be requested and granted. Department of Land Development Services • 2800 North Horseshoe Drive . Naples, FL 34904. 239 - 252 -2400 Packet Page -1697- Mr. R. Bruce Anderson RE: ZL,TR- PL- 2011 -0.165 Paoe2of2 Please be advised that the information presented in this verification letter is based on the, Collier County Land Development Code and/or Growth Management Plan in effect as of Q this date. It is possible that subsequent amends) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of Adequate Public Facilities, d? Environmental Impact, and other requirements of the Collier County Land Development NCode or related ordinances such as the Building Code. 0 N Should you require further information, please do not hesitate to call me at (239) 252 - M 2454. Sincerely, Raymond V. Bellows, Zoning Services Section Planning Manager Department of Land Development Services Cc: Claudine Auclair, Business Center Manager Laurie Beard, PUD Monitoring John Kelly, Planner Correspondence File COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION c0 *66T COUnty 3/13/2012 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.coll!eMov.net PL# -2011 - D34� Date: _317-311 f Time: W30 Firm: Q CgIZAQV I`'lINOQ — L04`rME A ,->N1) L T)_ Project Name: U5CAf' ry : i✓SEhV E Size of Project Site: q(z, Z.q acres Applicant Name: — Phone: Q 4� ^ I (qL( Owner No Owner Address: Phone: City State ZIP Existing PUD Name and Number_rUSCAt.1 Ts-P79_VI^ pL)D CgD-(L O Assigned Planner 71C1,c / Meeting Attendees: (attach Sign -In sheet) Meeting ..Notes �G rc n rf i OL121 S, � (l l l i (A?,ri (}`ie� _ 1 !^ % c f neat 1oL �/iiC,i� (_�! ��`'�.�'� `"�� --1 i � rf�'1 ��?���i�,x -C C.���� %�%7 ��- t��J,� t'i'1 �/? '/✓t��L� 5C p RILU�4 MaireA Lei! ) r Project #: PL20110000343 Rev: 1 �O Project Name: TUSCANY RESERVE Date: 7/20/11 DUE: 8/17/11 Packet Page -1699- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND-REGULATION Cor County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net SCHOOL CONCURRENCY - For information regarding the school concurrency application process, please contact the School District of Collier County - Students, Staff Projections, Allocations and Reporting Department at 239 - 377 -0254. PUP REZCOI \'E (PUDZ) Q PUD to PUD REZONE (PUDZ -A) PUD AMENDMENT (PUDA) APPLICATION' SUBMITTAL CHECKLIST aa) THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN N THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. 0 NOTE: INCOMPLETE SUM 3ITTALS WILL NOT BE ACCEPTED. N co M REQUIREMENTS # OF REQUIRED NOT COPIES REQ W STANDARD`<REQUIREMENTS 1 Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area Copies of detailed description of why amendment is necessary +p ompleted Application (d wnload from website for current form) F1_01 �- UD Document & onceptual Site Plan 24" x-5.6" and One 8 1 /z" x 1 1"copy or I I *(- 17 as ie U+l^ -�Qr (eadA, ( r �8 Revised Conceptual Site Plan 24" x 36 "and One 8 1/2" x 11" coy �D Original PUD document and Master Plan 2� ' g. S x 1 l ONLY IF AMENDING THE PUD ro Revised PUD document with changes crossed tbru & underlined io Revised PUD document w /amended Title page w /ord #'s, LDC 10.02.13.A.2 to ✓ Deeds/Le al's & Survey (if boundary of original PUD is amended ) 3 List identifying Owner & all parties of corporation 2 Owner /Affidavit signed & notarized 2 Covenant of Unified Control 2 Completed Addressing checklist (no ynoft M 2 Environmental Impact Statement (EIS) * or exemption justification 2 Digital/electronic copy of EIS (copy for Planner & Environmental) 2 Historical Survey or waiver request 4 Vl*' Utility Provisions Statement w /sketches 4 Architectural rendering of proposed structures 4 Survey, signed & sealed Cno mote G ft7. 4 Traffic Impact Statement (TIS) o wa' (with applicable fees) 7 ✓ Copy of Traffic Impact Statement (TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boundary 5 110 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION co . PIT County 3/13/2012 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Electronic copy of all documents in Word format and plans (CDRom or Diskette) o< CAD —rGU^5 o f -1-1 —3 PARKS & REC – gi&-I�ittila Justification/Rationale for the Deviations (must be on a separate sheet within th ap lication rmaterial; DO NOT include it in the PUD documents) t ia core_ & V l ca k 5 2 City of Naples – Robin Singer Copies of Official Interpretations and/or Zoning Verifications c� IMMOKALEE WATER/SEWER DISTRICT School Impact Analysis Application residential components) 2 Utilities Engineering – e 1 set for School District (residential components) Affordable Hbi sin* ' or Economjc':Development Council Projects: PARKS & REC – gi&-I�ittila EDC "Fast Track" must submit approved copy of official application 2 City of Naples – Robin Singer ❑Affordable Housing "Expedited" must submit copy of signed Certificate A A IMMOKALEE WATER/SEWER DISTRICT of Agreement. Utilities Engineering – e * *If project includes an Affordable Housing component, you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239-252-2273. Check here if there are any Settlement Agreements associated agreement and agreement number. r Agreement # ❑ Deltona ❑ Lely Barefoot Beach Route package to: The Conservancy, Attn: Nichole Ryan 1450 Merrihue Dr., Naples, FL 34102 with this property. Indicate type of ❑ Port of the Islands Interlocal ❑ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239 - 690 -3500 for informationregarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c. ❑ If located within V2 mile of City of Naples send copy of submittal package to Robin Singer, Planning Director City of Naples, 295 Riverside Circle, Naples, FL 34102 PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Forward any comments to the assigned planner prior to the due date. OOL DISTRICT PARKS & REC – gi&-I�ittila SUPERVISOR OF ELECTIONS t4JA City of Naples – Robin Singer DR/EM1– EMER. MGMT – Jim Von Rinteln A A IMMOKALEE WATER/SEWER DISTRICT The CONSERVANCY, Nichole Ryan Utilities Engineering – e Packet Page -1701- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Fees Co ek. r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collier_qov.net Application Fee: ❑ $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) Q ❑ $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ti $6,000 (PUD Amendment) + $25 per acre (or fraction of an acre) E a) N Fire Code Review — New PUD Rezone $150, PUD to PUD Rezone $125, PUD Amendment $125 0 $2,250.00 Comprehensive Planning Consistency Review c ® $500.00 Pre - application fee M (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). I� ❑ $2500.00 Environmental Impact Statement review fee t� J;, ❑ $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) Property Owner Notification fees. Property Owner Notifications $1. SO Non - certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Attach a Separate Check for Transportation Fees (Refer to Exhibit A): _ $500.00 Methodology Review Fee, if required cz-� C_L 4 J o i1 n a C�s *Additional Fees to be determined at Methodology Meeting C,% y Af . prr 9-6&-ri >J6. 'Fee Total $ l� 1 L) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION C0 *-, .:. 68-r County 3/13/2012 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PUBLIC PARTICIPATION REQUIREMENTS I:DC 10.03.05F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. Packet Page -1703- i ti E N r O N M M NOTES�� -t-4,s /`IJS7 o fJ -76-eA NG �1 l --- Q IJ k 7 bN�� � v r �DOVr �4 ^JAL --► 5 i s �7 ��c�+� � z� 17J i1.A Jac. a�Q J �l - �oi�c - v Lv (-I STS- T Ei; C <6ss w d Q P�- ;.e. Q `� s i�e ��C( reravv�e i T4e pt`- A fir; 3/13/2012 Item 17.A. - DeselemKay From: GMDPortal Sent: Wednesday, February 23, 2011 9:43 AM ro: BrethauerPaula Subject: Meeting Request Received Paula Brethauer A Portal request has been received for a Meeting. The Hearing Reference Number is: HH2O110000140 To view the full details navigate to the hearings sheet under this reference number to view the details of the request. Folowing is the information privided by the portal user: Reference Number: HH2O110000140 Project Type: Planned Unit Development Amendment Project Description: Proposed NOPC to update ownership and extend build out dates. Proposed PUD amendment to define development standard for residential uses. Existing Application Name: Meeting Type: Pre - Application Meeting Preferred Date: March 9, 2011 1:30 p.m. navailable Dates: Location: 16854 LIVINGSTON RD Full Name: Sharon Umpenhour Email: sumpenhour(@gradyminor.com Company Name: Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Representing: KE Tuscany Reserve Properties LLC Contact Number: Primary: 239 - 947 -1144 Please follow up with the applicant to schedule the meeing date and time. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail 4dress released in response to a public records request, do not send electronic mail to this Atity. Instead, contact this office by telephone or in writing. 1 Packet Page -1705- WO ti r N O N M CO 2nd Meeting to directly follow:- Proposed PUD amendment to define development standard for residential uses. Under Florida Lava, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing, 2 Q? •� VL w 1v x J t— W W W O LU t- 0 N m C ._ N d a a m N v N d E . O a� C a O v E m N G ' Q± L a "(D N !Z N a� �a a LJ� �I I C., ■ Lu M N W Z Z ZA�A .Q 9L Yy O Z Z I C CL N O Qa 311 "VWW) Item 17 A Packet Page -1707- 'v N O CD N U 0 a 0 Co N O N N ..0 fn m N Q� Cn a Q Cu N S N V) W a .r r > d a vu q a v- till a W i J ✓ pVV O Q 2 LU b ^ J _ i. CIO r. \ ❑ ?a z r t � U. s v W L ❑ O a a �, S In ~ 1\ vj LU � d Packet Page -1707- 'v N O CD N U 0 a 0 Co N O N N ..0 fn m N Q� Cn a Q Cu N O co N O a) N X U O .a O C6 N O r N () .0 y G O Ql co a) .j CD CL Q a) a i N N W 0 a a � W - UJ D �r z 00 W �Z = U1 5a N a W cl 'S S O� N ce LL � O } Z D O W a Z V O co N O a) N X U O .a O C6 N O r N () .0 y G O Ql co a) .j CD CL Q a) a 3/13/2012 Item 17.A. AFFIDAVIT OF COMPLIANCE PL2011 -0343 Tuscany Reserve PUD I hereby certify that pursuant to Ordinance 2004 -41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and /or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning., PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of'property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a .formal request of the county to be notified The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of C6mpliance }, l . � (Signature of Applicant) State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 26th day of September, 2011 by Sharon Umpenhour, who is personally known to me .„ e has pfedueed as identifieafie (Signature of Notary P 11c) Printed Name of Notary GANIM Procedures /Affidavit Of Compliance - NiM Oct2010.Doe Packet Page -1709- CAPIN J. DWYER Rr MY COMMISSION # DD 788682 '+ EXPIRES: May 14.2012 Bonded Thnt Nelary PuW Undenmrtars (Notary Seal) GradyMinor Civil EngiDeers e Land Surveyors * Plannc;rs ! Landscape Architects September 26, 2011 RE; Neighborhood Information Meeting Q Petition PL2011 -0343, Tuscany Reserve PUD ti Dear Property Owner: 4? Please be advised that a formal application has been submitted to Collier County, seeking CV approval of a Planned Unit Development (PUD) Amendment, by KE Tuscany Reserve Properties, T— LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A, and R. Bruce Anderson, Esq. of Roetzel & Andress, L.P.A., for the following described property: M - co Approximately 461± acres located on the east side of Livingston Road, north of Veterans Memorial Boulevard in Section 12, Township 48 South, Range 2S East and Section 7, Township 48 South, Range 26 East, Collier County, Florida The petitioner is asking the County to approve this application to allow an amendment to the existing Planned Unit Development (PUD) known as Tuscany Reserve PUD. The proposed minor amendments to the Tuscany Reserve PUD are being made due to the recent January, 2011 acquisition by KE Tuscany Reserve Properties, LLC and their need to refine product types, development standards and other adjustments to provide flexibility in responding to changing market preferences. No changes are proposed that affect the project density or number of dwelling units. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions. The Neighborhood Information Meeting will be held on October 13, 2011, 5:30 pm at Hampton Inn Naples 1 -75, 2630 Northbrook Plaza Drive, Naples FL 34119. Should you have questions prior to the meeting, please contact me at 239 -947 -1144 or via email, sumpenhour @gradyminor.com. ,,,,..Sincerely, Sharonri "mpen our Planning Technician Q, (Grady Minor & Associates, P.A. 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O ¢. a a- O N N a Z a U r= LL d O m LL LL w I- LL a J d LL' S m a O II� J N ,w 0 }^ 'y Om m O 0 0n .- S? r M m m Y S LL N o O z n m OQ O 2 S .- O O Qm o rn o rn <Q o o w m<G N m o O w o w m n o 0 Co amL maln�Nmh iYm mOmY�NVmmOr -, r.-m W U O z - U < W p < U _wJ a z ww OWZ ywj z ¢gw 11w Qm0 Z m0 N YM r Z ZLL'2 -. �2 ¢ .U., Ij ¢ N Z W - KLL N C7 t ZO J UNJh -ALL J �ZU O NZ Z 2 <O W J r a w wLC N N -� II <oi1Z N O- jwm'wwoleowaxmw2xzarw ao<?m0 coZ¢ }¢ }N }so W3 ro z Z" O w U W'- r o m 6 O O m Q 2 TG Luc) LLT = J W JAN _U��KW�,OOg W 5m? O =QZd' X<OW = W E C7 O (7 W UNw�JyZE ¢ O 7 Z W00 O w Z 5E J G O Q W W O O Z W m < W=C /y J J w =�F°O V g 3 , a< »3Fiwmvaaaia���n = wmw - M Packet Page -1715- 3/13/2012 Item 17.A. O J M 2 t J ¢ W H U a g z Z O } ¢ J O M � o m 0 O a LL w ¢ S S tD S N _O r Z O a > Y .2 i�w m> OiQ N w r < N U 0 > ?= m tn0 4 x CD 0 O a Q U O � O N w zT O m UO t00 r < Z < z ? N S O _ K w O U M> Y r g0 a N O S O m F U '- c E N 2 S r N m C ♦- O O O S Y f�l Q QJp N oS ° mWO z o oacU em NE s o N N� N N at r2 Z f-r F- �NH NSA H F j Q r UO ZZa�, ya ¢ ¢°�� �w ¢�N�K o awz jz a J J W W d' Z J w, O J > J W J¢ T L� U J R< J��� 0 U J N j M> W Q?4 j UU� W ¢ �mpN.wi w-1 W UF>' �LL O <0 Z 3> jw> j <¢ �NJ « a N r N _N '< N< Z E J¢ y W W E 0= ('� ¢a O W><>¢ Y W J a Z Zy J(¢.jJ �. NZ_ M ZXf W?<z 2a2 E Z K> JJ� QZOZ W a pmZ LL a m a Z U. O ¢. a a- O N N a Z a U r= LL d O m LL LL w I- LL a J d LL' S m a O II� J N ,w 0 }^ 'y Om m O 0 0n .- S? r M m m Y S LL N o O z n m OQ O 2 S .- O O Qm o rn o rn <Q o o w m<G N m o O w o w m n o 0 Co amL maln�Nmh iYm mOmY�NVmmOr -, r.-m W U O z - U < W p < U _wJ a z ww OWZ ywj z ¢gw 11w Qm0 Z m0 N YM r Z ZLL'2 -. �2 ¢ .U., Ij ¢ N Z W - KLL N C7 t ZO J UNJh -ALL J �ZU O NZ Z 2 <O W J r a w wLC N N -� II <oi1Z N O- jwm'wwoleowaxmw2xzarw ao<?m0 coZ¢ }¢ }N }so W3 ro z Z" O w U W'- r o m 6 O O m Q 2 TG Luc) LLT = J W JAN _U��KW�,OOg W 5m? O =QZd' X<OW = W E C7 O (7 W UNw�JyZE ¢ O 7 Z W00 O w Z 5E J G O Q W W O O Z W m < W=C /y J J w =�F°O V g 3 , a< »3Fiwmvaaaia���n = wmw - M Packet Page -1715- 3/13/2012 Item 17.A. 2 ti r N N C) N M T- M PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING Petition PL2011 -0343 The public is invited to attend a neighborhood meet- ing held by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and R. Bruce Anderson, Esq. of Roetzel & Andress, L.P.A. representing KE Tuscany Reserve Properties, LLC on: October 13, 2011, 5:30 p.m. at Hampton Inn Naples 1 -75, 2630 Northbrook Plaza Drive, Naples FL 34119 Subject Property: The +/- 461 -acre property is lo- cated on the east side of Livingston Road, north of Veterans Memorial Boulevard in Section 12, Township 48 South, Range 25 East and Section 7, Township 48 South, Range 26 East, Collier County. The property owner is petitioning Collier County to amend the existing Planned Unit Development (PUD) known as Tuscany Reserve PUD. The proposed minor amendments to the Tuscany Reserve PUD are being made due to the recent January, 2011 acquisi- tion by KE Tuscany Reserve Properties, LLC and their need to refine product types, development standards and other adjustments to provide flexibility in respond- ing to changing market preferences. No changes are proposed that affect the project density or number of dwelling units. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner's representative and /or owner /developer. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e -mail by October 13, 2011 to: Sharon Umpenhour, Planning Technician Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: 239.947.1144 Fax: 239.947.0375 sumpenhour@gradyminor.com \'\ fi �.r.• l wale: ww ...., �1` 1 �L `/ � ClILF � �•s P J= SUE dfF';i7C0 a�,., The property owner is petitioning Collier County to amend the existing Planned Unit Development (PUD) known as Tuscany Reserve PUD. The proposed minor amendments to the Tuscany Reserve PUD are being made due to the recent January, 2011 acquisi- tion by KE Tuscany Reserve Properties, LLC and their need to refine product types, development standards and other adjustments to provide flexibility in respond- ing to changing market preferences. No changes are proposed that affect the project density or number of dwelling units. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner's representative and /or owner /developer. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e -mail by October 13, 2011 to: Sharon Umpenhour, Planning Technician Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: 239.947.1144 Fax: 239.947.0375 sumpenhour@gradyminor.com 3/13/2012 Item 17.A. PUBLIC NEIGHBORHOOD INFORMATION MEETING HELD AT HAMPTON INN NAPLES 1-75, 2630 NORTHBROOKE PLAZA DRIVE, 5:30 P.M., OCTOBER 13, 2011, BY D. WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, P.A. AND R. BRUCE ANDERSON, ESQ. OF ROETZEL & ADDRESS, L.P.A. REPRESENTING KE TUSCANY RESERVE PROPERTIES, LLC. PLEASE PRINT YOUR NAME, ADDRESS, PHONE NUMBER, AND EMAIL ADDRESS AS A RECORD OF YOUR ATTENDANCE. THANK YOU. NAME ADDRESS EMAIL PHONE 1-9 t -59 Y'X '23/� �El� -4 1'^T I- �7 �V- I 4 Z D-i r A, a4wb joJit 1-12 1✓ 4 Lofl'"c'.\ V\.SL Tuscany Reserve RPUD Amendment — PL2011-0343 Packet Page -1717- 10.13.2011 NIM E N N O N M co 3/13/2012 Item 17.A. GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects July 14, 2011 Ms. Kay Deselem, AICP Principal Planner Land Development Services Department 2800 North Horseshoe Drive Naples, Fl 34104 Re: Tuscany Reserve PUD Minor Amendment Dear Ms. Deselem: Project #: PL20110000343 Rev: 1 Project Name: TUSCANY RESERVE Date: 7120/11 DUE: 8/17/11 Enclosed, please fmd the minor PUD amendment application for the Tuscany Reserve PUD. As you are aware, the Tuscany Reserve project has commenced development and includes a number of single- family and multi - family dwelling units, completion of an 18 hole golf course, completion of 100% of the surface water management system, and a substantial portion of the backbone roadway and infrastructure improvements. Due to the minor nature of the amendments and the extent of development within the project, the revisions to the PUD are considered minor in nature and are shown in strikethrough and underline format. You will recall from our pre- application meeting held in March, 2011, the PUD was recently acquired by KE Tuscany Reserve Properties, LLC, and the new property owners are proposing minor revisions to the residential development standards and unit types in order to address changing market conditions. Other changes to the PUD include a modification to the Village Center tract within the project to list the types of small -scale convenience uses, office, and personal services that may be constructed consistent with the Neighborhood Mixed Use Subdistrict of the Future Land Use Element. The number and types of dwelling units that may be constructed within the Village Center have also been expanded in order to offer greater diversity of lifestyle and housing choices for residents of the Tuscany Reserve community. No changes to the overall project density or intensity are proposed in this amendment application. We are also taking this opportunity to modify the preserve acreage figure to reflect the recent acquisition of approximately 4.7 acres of the southernmost preserve by the Florida Department of Transportation for water management related to the expansion of I -75. The text of the PUD, as well as the acreage figure noted on the Conceptual PUD Master Plan, have been revised accordingly. The Preserve area on site will continue to exceed V. Grady Minor & Associates, P.A. Ph. 239 - 947 -1144 • Fx: 239- 947 -0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Packet Page -1719- ti N N O N M co Ms. Kay Deselem, A/CP, Principal Planner Re: Tuscany Reserve PUD MinorAmendment July 14, 2011 Page 2 of 2 the required 44.96 acres as identified in the original PUD approval. In accordance with the request made at the pre - application meeting, copies of environmental reports have been previously provided to Summer Araque. Other minor revisions are being made in the PUD, which are incidental to the other proposed changes or are housekeeping items. A Notice of Proposed Change (NOPQ to the Tuscany Reserve DRI Development Order is presently under review by your staff. The NOPC addresses buildout and termination dates for the DRI and has no direct relationship to this PUD amendment; therefore, the applications are not being tracked concurrently. Please contact either Bruce Anderson at 239 - 649 -2708 or me if you have any questions related to the application or supporting materials. Sincerely, D. Wayne Arnold, AICP Cc: Erica Rogan John Asher Bruce Anderson GradyMinor He t WIN. ibl�i, August 18, 2004 3/13/2012 Item 17.A. COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive • Naples, Florida 34104 D. Wayne Arnold Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 REFERENCE Dear Mr. Arnold: SE- 2004 -AR -6009 Project #: PL20110000343 Rev: 1 Project Name: TUSCANY RESERVE Date: 7120/11 DUE: 8/17/11 Please be advised that the Board of Zoning Appeals, during their regularly scheduled meeting of Tuesday, July 27, 2004, heard and approved Petition No. SE- 2004 -AR -6009. A copy of this enabling Resolution, No. 04 -47, has been enclosed for your convenience. Please be advised that Section 2.7.2.3.2(3) of the Land Development Code requires an applicant to remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. If you have any questions, please do not hesitate to contact me at 213 -2921 the Department of Zoning and Land Development Review. Very truly yours, Fre ischl, AICP Principal Planner FR/ld Enclosure cc: Panther Development LP 24301 Walden Center Drive Bonita Springs, FL 34134 Abe Skinner, Property Appraiser M. Ocheltree, Graphics Code Enforcement File C O L L l C Y C O K H L y Phone (239) 403 -2400 Fax (239) 643 -6968 or (239) 2I3 -2916 www.colliergov.net Packet Page -1721- 3 ti E N N T- 0 N M T- co 345678\ Lo CE1��C ZZ LZ ORDINANCE NO. 04- 43 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 91 -102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,. OR ITS SUCCESSOR BY PROVIDING FOR AN AMENDMENT TO CORRECT ORDINANCE NO. 03 -28, FOR THE TUSCANY RESERVE PLANNED UNIT DEVELOPMENT (PUD) AND By PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 03 -28, the Tuscany Reserve PUD, on June 24, 2003; and WHEREAS, following said action in adopting said Ordinance, an omission was incorrectly made :in Subsection 7.6.B.1, Subdivision Requirements And Standard Design Substitutions, of the PUD Document. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SUBSECTION 7.6.B.1, SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS OF ORDINANCE NUMBER 03 -28, THE TUSCANY RESERVE PUD Subsection 7.6.13.1, Subdivision Requirements And Standard Design Substitutions, of Ordinance Number 03 -28, the Tuscany Reserve PUD is hereby amended to read as follows: 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 (S') 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. Cul -de -sacs shall not be required to provide sidewalks. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. 3/13/2012 Item 17.A. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier I County, Florida, this a /' day of r/ 004. ATTEST: BOARD OF CO COMMISSIONERS DWIGHT � B ,,C)brk COLLIER CO Y, 24Z 91�" DONNA ALA CHAIRMAN s t Appr=c -- 3d ako T '• or Mato M: tuden Assistant County Attorney Packet Page -1723- 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 N N certify that the foregoing is a true copy of: 0 _N M ORDINANCE N0. 2004 -47 M Which was adopted by the Board of County Commissioners on the 27th day of July, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day Of July, 2004. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board County Commissioners n *UO By: Heidi R. •:Rociol�j.;:• �W- Deputy C1'erk- N y°m I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby N N certify that the foregoing is a true copy of: 0 _N M ORDINANCE N0. 2004 -47 M Which was adopted by the Board of County Commissioners on the 27th day of July, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day Of July, 2004. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board County Commissioners n *UO By: Heidi R. •:Rociol�j.;:• �W- Deputy C1'erk- rygg,66789� 1, i UAW ORDINANCE NO. 03 - 2 8 1 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. r+ v v 3/13/2012 Item 17.A. 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 from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference 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. Packet Page -1725- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisaqLk day of \Ty ne- 12003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIn4H/T.,E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Q ` TOM HENNING, CHAIRMAN r This ordinance filed with the 89 t0 Form to pljj{")�w $ Secretary of State's Office the ........ s d N Obi . Legal Sufficiency J '2MQL day of -Mlq -Zpn�B and acknowledgement of that filing received this ,'Ph _ day Matjori M. Student o— f O Assistant County Attorney �Y , --20-SL N a„„Yc`, k M co 0 2 3/13/2012 Item 17.A. 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 Hendry Street Fort Myers, Florida 33901 DATE REVIEWED BY CCPC DATE APPROVED BY BCC January 25, 2002 ORDINANCE NUMBER 2000 -04 D AMENDMENTS AN PEAL DOCUMENT DATE 0 6 24 0 3 EXHIBIT "A" G: \Current\ReischhPUD\PUDA\Tuscany Reserve\PUD doc 6 -20 -03 clean FINALdoc 6/4/03 Packet Page -1727- SO ti E a) N r O N M r M i PAGE ii Hi 1 -1 2 -1 3 -1 4 -1 5 -1 6 -1 7 -1 INDEX List of Exhibits Statement of Compliance SECTION I Property Ownership, Legal General Description and Short Title SECTION II Project Development SECTION III Residential Development Areas SECTION IV Golf, Open Space SECTION V Village Center SECTION VI Preserve SECTION VII General Development Commitments i PAGE ii Hi 1 -1 2 -1 3 -1 4 -1 5 -1 6 -1 7 -1 3/13/2012 Item 17.A. LIST OF EXHIBITS EXHIBIT "A" Planned Unit Development Master Plan EXHIBIT "B" Interstate 75 Buffer EXHIBIT "C" Typical Estate Entry Feature EXHIBIT "D" Typical Tuscany Reserve Drive R.Q.W. Cross- section EXHIBIT "E" Tuscany Reserve Drive (adjacent to Lake 5) ii Packet Page -1729- i r` E N N 0 N M M 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: 1. 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. The subject property is within the Urban-Mixed Use District, Urban Residential Subdistrict Land Use Designation as identified on the Future Land Use Map. 3. 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. 5. 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. 6. 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. 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 8. 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. iii 1.1 1.2 3/13/2012 Item 17.A. SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION .i..� 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 run thence along the North boundary of the 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 Iine of Interstate Highway 75 (324' Right of way); thence along said Westerly right -of -way Iine 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 are of a curve to the right having a radius of 5567-58 feet and a central angle of 19 °25'46" (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 corner 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 (112), 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 I -I - Packet Page -1731- -- i ti N N O N co r co 1.3 1.4 1.5 (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 A. The project site is bordered on the east by I -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. B. The zoning classification of the project prior to approval of this PUD Document was PUD, known as the Ronto Livingston PUD. PHYSICAL DESCRIPTION A. The project lies within South Florida Water Management District No. 7. B. 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. C. 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. 1 -2 3/13/2012 Item 17.A. 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 ". 1 -3 Packet Page -1733- f ti E a� N 0 co co 2.1 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 A. 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. B. 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. C. 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. D. 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. E. 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. 2 -1 3/13/2012 Item 17.A. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, "including layout of streets and use of land for 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. B. 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 A. 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 governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A ", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision 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. C. 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. D. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be 2 -2 Packet Page -1735- 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. E. 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. Q F. Utility, road, and an public and private easements shall be established as ti Y YP P required during the SDP and/or plat approval process. E G. Appropriate instruments will be provided at the time of infrastructure N improvements regarding dedications and the method for providing perpetual CD maintenance of common facilities. co 2.5 MODEL HOMES / SALES OFFICES M 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. 2.6 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. 2.7 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. 2 -3 3/13/2012 Item 17.A. 2.8 DESIGN GUIDELINES AND STANDARDS Collier County planned unit development districts are intended to encourage ingenuity, 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. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. 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. 6. Community and neighborhood parks, recreational facilities, community centers. 7. 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. 8. 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. 2-4 Packet Page -1737- i N N 0 co M 9. 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. B. Development Standards Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. 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. 2. Setback from exterior property lines — One half (1 /2) the height of the structure. 3. 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') 8. 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. 9. 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. 2.10 OPEN SPACES REOUIREMENTS 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. o 3/13/2012 Item 17.A. 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. 0 Packet Page -1739- 3.1 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 ". 3.2 MAXIMUM DWELLING UNITS Q The maximum number of dwelling units permitted within the PUD is 799. The property ti contains a gross acreage of 461± acres and a base density of 1.73 dwelling units per gross E acre. N N 3.3 GENERAL DESCRIPTION 0 N Areas designated as "R" on the PUD Master Plan are designed to accommodate a full M range of residential dwelling unit types, a full range of recreational facilities, essential j 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. 3.4 USES PERMITTED A. Principal Uses: 1. Single - family detacheddwelling 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. S. Multiple - family dwelling units. 6. 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 3 -1 3/13/2012 Item 17.A. 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. 5. Gatehouses, fences, walls and access control as depicted on Exhibit "C", Typical Estate Entry Feature. 3.5 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R ", Residential District. B. Site development standards for Categories 1 -5 of Table II apply to platted parcel boundaries. C. 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. D. 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. E. 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. F. 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. 3 -2 Packet Page -1741- - -- El ti E N r 0 N co co TABLE II TUSCANY RESERVE CONEWUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS Single Family Detached Zero Lot Line Two Family and Duplex Single Family. Attached and Townhouse Multi - Family Dwellings 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 7.5' two story 0 or 7.5' 5' 5' Rear Yard Accessory * 1 10' 10' 10' 10' 10' Maximum Building Height *2 35 feet 35 feet 35 feet 35 feet 50 feet Distance Between *7 Principal Structures 10' 10' 1 10' one story 0 or 15' two story 10' 1/2 Building Height Floor Area Min. (S.F.) 1000 SF 1000 SF 1 1000 SF T 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 fast building permit. The conceptual exhibit may be modified as needed. Verification of ingtesslcgress 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: 01 A. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way fine_ 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 packing 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 between 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. 3 -3 SECTION IV GOLF, OPEN SPACE (GO) 4.1 PURPOSE 3/13/2012 Item 17.A. 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. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, 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. B. 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. 4-t Packet Page -1743- ti N N O N M M 4.3 3. 4. 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. 5. Shuffleboard courts, tennis courts, swimming pools and all other types of accessory facilities intended for outdoor recreation. 6. 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. DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of ten feet (101) from Golf Course / Open Space District boundaries and private roads, and twenty -five feet from all PUD boundaries and residential tracts. B. 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. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures — 2 stories or thirty feet (30'). 2. Accessory Structures — 1 story or fifteen feet (15'). E. Minimum distance between priifcipal structures — Ten feet (10') F. Minimum floor area — None required. G. Minimum lot or parcel area — None required. H. 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. 4 -2 SECTION V VILLAGE CENTER 5.1 PURPOSE 3/13/2012 Item 17.A. 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. 5.2 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. 5.3 PERMTITED 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 1. 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- farruly dwellings, not to exceed 100 units. 5 -1 -- Packet Page -1745- 2 ti N r O N M r Cl) B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal 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. 5.4 DEVELOPMENT REGULATIONS a C N 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. Building Height 1. Principal structures: Three (3) stories, or a maximum of forty -five feet (45') above finished grade. 01 2. Accessory structures: One (1) story, or a maximum of twenty -five feet (25') above finished grade. 3. Architectural features such as bell towers and decorative architectural features 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. hereof. Minimum Lot Area: No minimum lot area requirement. 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. 5-2 3/13/2012 Item 17.A. 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 required. 3. Accessory uses and structures — No separate parking area is required for any accessory use within the Village Center. E. Building separation: Twenty feet (20') between residential and non - residential structures. Building separation shall be determined by applicable fire code requirements. F. 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. 5 -3 Packet Page -1747- i r` E a) N 0 N co co SECTION VI PRESERVE DISTRICT 6.1 PURPOSE 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. 6.2 GENERAL DESCRIPTION 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. 6.3 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. B. Accessory uses and structures such as walls, berms and signage, subject to compliance with the provisions of this PUD. 6 -1 3/13/2012 Item 17.A. 6.4 DEVELOPMENT STANDARDS Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County LDC. A. 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'). C. 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. D. 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. 6.5 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. J 6 -2 Packet Page -1749- 7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. Q 7.2 GENERAL ti E All facilities shall be constructed in strict accordance with final site development plans, a) final subdivision plats, and all applicable State and local laws, codes, and regulation N applicable to this PUD. Except where specifically stated otherwise, the standards and C) specifications of Division 3.2 of the LDC shall apply to this project even if the land N within the PUD is not to be platted. The developer, its successors and assigns, shall be CO responsible for the commitments outlined in this Document. CO 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. 7.3 PUD MASTER PLAN A. 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. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. C. The following shall be considered minor changes and refinements, subject to the limitations of this PUD: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. 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. 7 -1 3/13/2012 Item 17.A. 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. 7.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. 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. B. 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. 7.5 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 recreationipublic buildings /public rooms or similar common facilities shall be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. 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. 1. The berm adjacent to the 1 -75 right -of -way may include landscaped 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. 2. No landscape buffers shall be required adjacent to lakes, golf course or open space tracts, where structures are permitted with 0 -foot setbacks from said tracts. 3. 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 Packet Page -1751- ti E N r O N CO CO height. Such fences and walls shall be permitted to be located on the property line. B. Sidewalksibike paths shall be in conformance with Subsection 3.2.8.3.17 of the LDC, except as set forth below. 1. 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. C. Private streets shall conform with the right -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: 1. Cul- de- sacs'and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 2. All other cul -de -sacs are required to have a minimum forty foot (40') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 3. 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. 4. Cul -de -sacs may exceed the one thousand foot (1,000') length maximum of Subsection 3.2.8.4.16.6 of the LDC. 5. Subsection 3.2.8.4.16. f0 of the LDC tangents between reverse curves shall not be required. 6. Street grades may exceed the four percent (4 %) maximum of Subsection 3.2.8.4.16.14 of the LDC provided that applicable Florida Departmenj of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 7 -3 3/13/2012 Item 17.A. 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 painting, 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. 8. 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. 9. 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. 7.7 TRANSPORTATION The development of this PUD shall be subject to and governed by the following conditions: A. 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. B. 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. 7-4 Packet Page -1753- ti E N 0 N M M C. 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. D. 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. E. Road Impact Fees will be paid in accordance with the appropriate Collier County Ordinance. F. Any and all points of ingress and/or egress as shown on any and all 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 Iocation(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. G. Any and all median opening locations shall 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. H. 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). I. The development shall be designed to promote the safe travel of all 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. J. The developer(s) shall provide any and all site related transportation improvement(s) including, but not Iimited to, any and all 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 tam 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. K. All work within Collier County rights -of -way shall meet the requirements of the Collier County Right -of -Way Ordinance. 7 -5 3/13/2012 Item 17.A. L. 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). M. 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 N. 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. O. 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. P. 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. Q. 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. R. 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. S. 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. 7.8 UTILITIES The development of this PUD shall be subject to and governed by the following conditions: 7 -6 Packet Page -1755- A. 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 other applicable County rules and regulations. B. 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. C. The on -site water distribution system serving the project must be connected to the Q 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. E During design of these facilities, the following features shall be incorporated into a) the distribution system: N 0 1. Dead -end mains shall include dead -end flushing hydrants. N M 2. 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. D. 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: A. 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. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with Section 3.2.8.4.7.3 of the LDC. C. 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. D. 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 3/13/2012 Item 17.A. E. 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. F. 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 A. This project shall be required to meet all County ordinances in effect at the time final construction documents are submittal for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of Division 3.2 of the LDC. C. Prior to final site development plan approval a right -of -way permit will be required. 7.11 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to final site development Plan approval. B. 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. D. 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 permil(s), discharge from the site is directed to the Mediterra system, the I -75 right -of -way, and to the Livingston (east -west) Road right -of -way. 7.12 PLANNING A. 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 Packet Page -1757- 7.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following, the construction of the principal structure except that temporary sales buildings, trailers, 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. 7.14 SIGNS Q ti E A. All Collier County sign regulations in force at the time of approval of this PUD N rezoning action shall apply unless such regulations are in conflict with the conditions N set forth in this Section, in which case the PUD Document shall govern. B. Boundary Marker Monuments /Signs: M CO 1. 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. 2. 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. 5. 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. 6. 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 3/13/2012 Item 17.A. and in the entry median. Such signs shall contain only the name of the subdivision and the insignia or motto of the development. 2. No sign face area shall exceed 80 square feet and the total sign face area 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. 4. 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: 1. 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. 2. 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. 3. Residential and community facilities entrance signage decorative walls and architectural features shall be permitted consistent with Exhibit "C ", "rypical Estate Entry Feature ". 7.15 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_ 7.16 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 Packet Page -1759- ti E N O N M CO A. 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 I i+ It L I- I I I 1 I I I I ! I I i - TEMPORARY SALES CENTER 1 ! 1 I 1 I t 1 � t I 1 I 1 1 I I 1 1 ITT' 1 t I I 1 I i 1 1 O RESIDENTIAL - 118.1 Ac. 1 t � t , GOLF OPEN SPACE - 262.7 t I 1 1 O PRESERVE - 69.0 1 I 1 1 I I 1 I I 1 � I VC VILLAGE CENTER - 21.5 1 I t I i 7 1 I 1 ! I TOTE: I 1 t LAND USE AREAS CONCEPTUAL 1 t 1 ACCESS LIUMD TO- MQHT K RlrRr our tier IN WHEN ROAO 3 FOt1R LAF= 3/13/2012 Item 17.A. By: HEIDT & ASSOCIATES, Inc. TUSCANY RESERVE Tampa + Fort Myers PUD MASTER PLAN EXHIBIT A rE�APE rve. a 4020MR o Fait Myers Ot6a Prepared For. Vgd' 3800 Colorw Mvci , a40 Fart M^M, Sorldr 33x12 Drn. lint. Ck R►1 Dwo 4.5x111 o"BIT A MEMAL PEA4rrnNo Phone: 841- 482 -7275 Dote: OS 10 02 Order No.: IIF TR -x30 AROHMMUFM ' FAX: 841- 482 -2103 11/24/03 PRESERVE ACREAGE SHAT y of 7 Packet Page -1761- i I` T- N N O N (o T- co O w a. O i N 111 0) 1 / b 0 Z Z 0 w SQ S r rt J 2 O wJ N 1, fr y M w co cloZ LD (n Z�" w. u� vCi d� e e e "mPmw en HEIDT &ASSOCIATES, lna TUSCANY RESERVE Tampa + Fort Myers EXHIBIT B - 1-75 BUFFER rL4ANKXKMM v<v FmtI em omc Prepared For. NCr w m 3WO O WMW BNd., *200 �!ol CL R1I QWS. 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W o 0 -U� > N W 2 cv N W T- [f= r d = Z ;v Q iJ W W to a F y 3 rl- It— E � � 0 � M M + # , K J f f d f / , { 15' �� a & } � $ A/MIQ«' in � ��\ t . y 2 _ /w ■ §b - �oE$� w - ?a k \ /g#� M H - - � -A- � §K�2g 222$ Lu / §j\, MC:, _ naa2 •�� cu /l�� { § « � \� E§ Ix _ _ HE.IO aw s oLAmIB, inc- TUSCANY RESERVE DRIVE Tam" Fort ht— EX H18mo _ �� e � a _ _ I C3,- VWr. ©© _ 0,d- _QV-. _ , _ , 3/13/2012 Item 17.A. J Packet Page -1765- ti N N 0 N co co 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 aic) County Comma psiPners By: Marie Clos`; Deputy Cle, lfJv 3/13/2012 Item 17.A. Defaware PAGE 1 Tie First State 1, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "KE TUSCANY RESERVE PROPERTIES, LLC ", CHANGING ITS NAME FROM 'KE TUSCANY RESERVE PROPERTIES, LLC" TO "KE TALIS PARK PROPERTIES, LLC ", FILED IN THIS OFFICE ON THE TWENTIETH DAY OF DECEMBER, A.D. 2011, AT 12:55 O'CLOCK P.M. 4915879 8100 111314881 You may verify this certificate online at corp.delaware.gov /authver.shtml w6QN-(�7 Jeffrey W. Bullock, Secretary of State AUTHEN C TION: 9244557 Packet Page -1767- DATE: 12 -20 -11 3/13/2012 Item 17.A. State of Delaware Secretary of State Division of Corporations Delivered 01:08 PM 1212012011 FILED 12:55 PM 1212012011 SRV 111314881 - 4915879 FILE CERTIFICATE OF AMENDMENT TO CERTIFICATE OF FORMATION OF KE TUSCANY RESERVE PROPERTIES, LLC It is hereby certified that: I . The name of the limited liability company (hereinafter called the "limited liability company ") is KE TUSCANY RESERVE PROPERTIES, LLC. The filing date of the Certificate of Formation was December 20, 2010. 2. Pursuant to the Delaware Limited Liability Company Act, the Certificate of Formation of the Limited Liability Company is hereby amended as follows: Article FIRST of the Certificate of Formation of the limited liability company is hereby deleted in its entirety and the following text is inserted in lieu thereof: "FIRST: The name of the limited liability company (hereinafter called the "limited liability company ") is: KE Talis Park Properties, LLC" 3. Except as hereby amended, the Certificate of Formation of the limited liability company shall remain unchanged. 4. This amendment shall be effective as of the date of filing of this Certificate of Amendment. (22749193 :1) Executed on this Wp day of December, 2011. Sydney . Kitson, Chief Executive Officer Packet Page -1768- 3/13/2012 Item 17.A. I -,� -� t�� "L - " -- 1�1 ;1 T 7 T P.O. BOX 111813 NAPLES, FL 34108-0131 January 12, 2012 Kay Deselem, Principal Planner Collier County Growth Management Division Land Development Services 2800 North Horseshoe Drive, Naples, FL 34104 re: PUDA-PL2011-343 TUSCANY RESERVE PUD Dear Kay Deselem, I am writing to you today both as a homeowner living at 6079 Fairway Court, in the Links subdivision of The Strand and as President of the Links at the Strand Homeowners Association. The Links is a Strand subdivision of 54 free-standing homes of which 27 face the above-referenced PUD. In fact, my home faces directly north into Tuscany Reserve. While i am certain that the specific issues mentioned in your letter of December 30th will be addressed and clarified in the planned meeting on Thursday, January 19th (which I expect to attend), there is a related issue that does not appear to be covered by the proposed agenda for the meeting. At the present time, there is no landscaping on the southern border of Tuscany Reserve. There is a chain link fence (6 or 8 feet tall) and nothing else. No foliage, no trees, no berm. Although I have not reviewed the documents, I am sure that the original PUD must have called for some type of code-required landscaping package. What we DO have are a couple of very, very large and unsightly concrete "things" (must be some kind of drainage pipes) sitting in the middle of the open field. If you were to take a ride down Veterans Parkway, you will see for yourself just how much of an eyesore they are and how annoying it is to have to look at them. There had previously been a broken down trailer also parked in that area, but that was removed by Tuscany Reserve. Although I am certain that "ultimately', the concrete will be removed and that code-required landscaping will be accomplished, my question to you is ....... 'when is ultimately"? Is there any requirement to landscape the boundary by a specific end date and is there any requirement that the owners of Tuscany Packet Page -1769- 3/13/2012 Item 17.A. Tuscany Reserve page two Reserve "police" their premises to remove an eyesore such as exists? At the very least, they should be required to remove the offensive concrete structures NOW. While f did not want to take up time at the meeting next week to address these issues, I can assure you that they are very important to us. I would appreciate hearing from you on this. Thank you very much, Warren Pelton 6079 Fairway Court 592 -0089 Packet Page -1770- 3/13/2012 Item 17.A. ORDINANCE NO. 12 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -28, AS AMENDED BY 2004 -47, THE TUSCANY RESERVE PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE PUD DOCUMENT, EXHIBIT A, TO PROVIDE FOR: AMENDMENTS TO COVER PAGE; AMENDMENTS TO PROPERTY OWNERSHIP & GENERAL DESCRIPTION SECTION; AMENDMENTS TO PROJECT DEVELOPMENT SECTION; AMENDMENTS TO RESIDENTIAL "R" DEVELOPMENT AREAS SECTION; AMENDMENTS TO GOLF, OPEN SPACE (GO) SECTION; AMENDMENTS TO VILLAGE CENTER SECTION; AMENDMENTS TO GENERAL DEVELOPMENT COMMITMENTS SECTION; ADDING A DEVIATION FROM THE REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENT STANDARDS; PROVIDING FOR AMENDMENTS TO MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY IS LOCATED IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 461.29 ACRES. NO INCREASE IN DENSITY OR NUMBER OF AUTHORIZED DWELLING UNITS IS PROPOSED. WHEREAS, on June 24, 2003, the Board of County Commissioners approved Ordinance No. 03 -28, which established the Tuscany Reserve Planned Unit Development (PUD); and WHEREAS, on July 24, 2004, the Board of County Commissioners approved Ordinance No. 04 -47, which amended the Tuscany Reserve PUD; and WHEREAS, Q. Grady Minor and Associates, P.A. and Bruce Anderson, Esquire of Roetzel & Andress, L.P.A., representing KE Talis Park Properties, LLC tica KE Tuscany Reserve Properties, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2003 -28, as amended by 2004 -47, the Tuscany Reserve PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Tuscany Reserve PUD/PUDA- PL2011 -343 Rev. 2/22/12 Page 1 of 2 Packet Page -1771- 3/13/2012 Item 17.A. SECTION I: AMENDMENTS TO THE PUD DOCUMENT, EXHIBIT A, OF ORDINANCE NO. 03-28 AND ORDINANCE NO. 04-47 The PUD Document, Exhibit A of Ordinance No. 03 -28 and Ordinance No. 04 -47, is hereby amended and replaced with Exhibit A attached to this ordinance amendment. SECTION II: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote by the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams -P Assistant County Attorney 5 �';z 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LOIN FRED W. COYLE, Chairman Attachment: Exhibit A — PUD Document 11- CPS - 01110 \51 Tuscany Reserve PUD /PUDA- PL2011 -343 Rev, 2/22/12 Page 2 of 2 Packet Page -1772- 0 3/13/2012 Item 17.A. 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 Developffmits,,—L4? a.+vu , KE Talis Park Properties LLC 1.6990 Livingston Road Naples, FL 34110 PREPARED BY: Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 and Neale Mew Pavesee,Haverfiejd, , 183; 14en r-y Stye Roetzel and Andress 850 Park Shore Drive Trianon Centre 3rd Floor Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ,a� 02 ORDINANCE NUMBER 2000 -44 AMENDMENTS AND REPEAL 2003 -28 and 2004 -47 DOCUMENT DATE 6Q404 EXHIBIT "A" February 17, 2012 Packet Page -1773- SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII 3/13/2012 Item 17.A. INDEX PAGE List of Exhibits ii Statement of Compliance iii Property Ownership, Legal General Description and Short Title 1 -1 Project Development 2 -1 Residential Development Areas 3 -1 Golf, Open Space 4 -1 Village Center 5 -1 Preserve 6 -1 General Development Commitments 7 -1 i February 17, 2012 Packet Page -1774- rh LIST OF EXHIBITS EXHIBIT "A" Planned Unit Development Master Plan EXHIBIT `B" Interstate 75 Buffer EXHIBIT "C" Typical Estate Entry Feature EXHIBIT "D" Typical Tuscany Reserve Drive R.O.W. Cross - section EXHIBIT "E" Tuscany Reserve Drive (adjacent to Lake 5) 11 Packet Page -1775- 3/13/2012 Item W.A. February 17, 2012 3/13/2012 Item 17.A. 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, 1 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. 5. 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. 6. 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. 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 8. 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. iii Packet Page -1776- February 17, 2012 3/13/2012 Item 17.A. SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 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. 1.2 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 run thence along the North boundary of the 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 are of a curve to the right having a radius of 5567.58 feet and a central angle of 19 °25'46" (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 corner 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 1 -1 February 17, 2012 Packet Page -1777- 3/13/2012 Item 17.A. (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. 1.3 PROPERTY OWNERSHIP The subject property is owned by t5; 4?gKE Talis Park Properties. LLC. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. 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. B. The zoning classification of the project prior to approval of this PUD Document was PUD, known as the Ronto Livingston PUD. 1.5 PHYSICAL DESCRIPTION A. The project lies within South Florida Water Management District No. 7. B. 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. C. 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. 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 ". 1 -2 February 17, 2012 Packet Page -1778- SECTION II PROJECT DEVELOPMENT 2.1 PURPOSF, 3/13/2012 Item 17.A. 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. 2.2 GENERAL A. 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 development approvals have been granted prior to the effective date of the 2012 PUD amendment and approved under prior LDC and PUD provisions these approvals and any improvements shall be deemed conforming_ 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. B. 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. C. 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. D. 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. E. Development permitted by the approval of this petition will be subject to concurrency review under the Adequate Public Facilities provisions of Dii,isien 3-16, dequate v bl F ili ,.of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, "including layout of streets and use of land for 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. 2 -1 February 17, 2012 Packet Page -1779- 3/13/2012 Item 17.A. B. 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) Minimum Open Space @ 30% N/A 138± (Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas) 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. 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 governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A ", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision 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 Divisien 2.2 of the Collier County LDC, and the platting of the State of Florida. C. The subdivision provisions of TM -iisio 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. D. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with requirements of r,ivis:eii -of the Collier County LDC prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. 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 2 -2 February 17, 2012 Packet Page -1780- 3/13/2012 Item 17.A. Engineering Director for engineering and safety considerations during the development review process and prior to any installation of such features. F. Utility, road, and any public and private easements shall be established as required during the SDP and/or plat approval process. G. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2.5 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 e€,Seetien'.� . ;-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 7 years from date of the approval of this PUD amendment, and thereafter shall be permitted through the Countv's annual renewal procedures in the LDC. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Sestien 2.7.3 —m the Collier County LDC. 2.7 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, 2.8 DESIGN GUIDELINES AND STANDARDS Collier County planned unit development districts are intended to encourage ingenuity, 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 Seedel 2. 2.20.14.; e€the Collier County LDC. M. r_ 2-3 February 17, 2012 Packet Page -1781- 3/13/2012 Item 17.A. 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: 1. Essential services as set forth under the Collier County LDC-.Land . 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. S. 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. 6. Community and neighborhood parks, recreational facilities, community centers. 7. 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. 8. 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. 9. 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. B. Development Standards Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. 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 24 February 17, 2012 Packet Page -1782- 3/13/2012 Item 17.A. setback, however such structures shall be located such that they do not cause vehicular stacking into the road right -of -way. 2. Setback from exterior property lines — One half (%) the height of the structure. 3. 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') 8. 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. 9. 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. 2.10 OPEN SPACES REQUIREMENTS Seetien2.6-3"a Pie- 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. 2.11 NATNE 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, which has previously been placed in a conservation easement. Due to right-of-way taking yFDOT for improvements to 1-75-,the preserve acreage is now 56.0± acres. 2 -5 Packet Page -1783- February 17, 2012 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE 3/13/2012 Item 17.A. 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 ". 3.2 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. 3.3 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 , ef 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. 3.4 USES PERMITTED A. Principal Uses: Single - family detached dwelling units. 2. Variable lot line dwelling units. A variable lot line dwelling unit is a single family dwelling where ene- e€-twe the side yards may vary between 0 and 10 feet as long as a 10 -foot minimum separation between principal structures is maintained. 3. Single family attaehed aad Townhouse dwelling units. 4. Two - family and duplex dwelling units. 5. Multiple - family dwelling units. &-6. Villas 6-7. Temporary sales center, which shall be permitted as shown on the PUD Master Plan, and utilized through project buildout for on -site sales (per Section 2.5 of this PUD - •,nvr •,• to eywee•a se -,en (7) .,ears f.,.,,, the date of appreval of the PUD. 3 -1 February 17, 2012 Packet Page -1784- 3/13/2012 Item 17.A. B. Accessojy Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guesthouses, pursuant to Seetion 2.6.1 the Collier County LDC. 3. Common area recreational and utilitarian facilities to serve the PUD. 4. Lakes, golf course, and other open space -uses. 5. Gatehouses, fences, walls and access control as depicted on Exhibit "C ", Typical Estate Entry Feature. 3.5 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R ", Residential District. B. Site development standards for Categories 1 5 of Table II apply to platted parcel boundaries. C. 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. D. 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. E. Single rnmil ati, Villa and zer-evariable 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. F. Housing structure types including lot orientation for single - family detached dwelling units, such as zerevariable lot line versus non- zerevariable Iot line orientations, may iiet be mixed within the same 1p aned development tract provided that the larger of the minimum building separation is maintained between the two . ; however, single - family and multi - family structures may not be mixed within the same platted development tract or along Prato Way and Pistoia WU where there are existing homes or under construction as of the effective date of the 2012 PUD amendment 3-2 February 17, 2012 Packet Page -1785- 3/13/2012 Item 17.A. TABLE 11 TUSCANY RESERVE COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND Single Family ZaroVariable Two Family and Sing. ePattjrily Multi - Family Villas *S STANDARDS Detached Lot Line for Duplex Aaaehed-and Dwellings, 16' Minimum Lot Depth 100' Single Family 100' Townhouse excluding N/A Minimum Front Yard 20' *3 20' *3 20' *3 20' *3 Townhouse 0' Minimum Lot Area 5,000 SF 4,000 SF 3,500 *4 3,500 SF 9,000 SF 2 500 SF Minimum Lot Width *5 50' 40' 35' 20' 90' 16' Minimum Lot Depth 100' 100' 100' 100' 100' N/A Minimum Front Yard 20' *3 20' *3 20' *3 20' *3 20' *3 0' Minimum Side Yard 0 er-6- 10' *6 0 or-65' 0 or 5'6' 15' 0' Lot width 70' or less 5' Lot width gLeater than 70' 6' Minimum Rear Yard 15' is, 15' 15' 15' 10' Preserve Minimum Rear Yard * 1 5' 5' one story 0 or 7.5' 5' 5' 0' 7.5' two story Minimum Rear Yard 10' 10' 10' 10' 10' 10' Accessory *I Preserve 0' Golf Course Maximum Building Height *2 Zoned 35 feet 35 feet 35 feet 35 feet 50 feet 35 feet Actual 45 feet 45 feet 45 feet 45 feet 63 feet 45 feet Minimum Distance Between 10' 10' 10' one story 10' '/z Building 10' Principal Structures *7 0 or 15' two Height sto Floor Area Min. S.F.) 1000 SF 1000 SF 1000 SF 1000 SF 750 SF 900 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 Ga paAmew Growth Management Division during an application for a building permit. For all patio- -villa or aarovaria le lot units, a conceptual exhibit showing typical building configurations including. bu ilding. setbacks and bl ildinj separations. shall be submitted to the Gustomer- Services 13epartrxan! Growth Management Division with the application for the first building permit for the platted development' tract. The c oncoptual exhibit may be modified as needed. Verification of ingress /egress for maintenance shall be provided for eerevariable 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 right of -way, setback is measured from the adjacent right -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 - For h_u'ldings in the Village Center. Wuilding 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 famiiy and raWtri-€a�ttly%Dvvellings which provide for two parking spaces within an enclosed garage and provide for one of,the following: (1) guest parking other than in private driveways_or (2) adequate space to allow for two parked vehicles on Ott driveway Q { „mpttir court may reduce the front yard requirement to 1S'- fer -tha- garage. Front en= garages must be a minimum of 20'_ and a minimum of 23' &„ m -a sidewall:. Porches. entry fieaturns and,rggfgd counyards may be reduced to 10'. *4 - Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area 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 - The sSide setback may be variable between zero feet (0') to ten feet I0) as long as a minim 10 foot minimum separation between 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 is maintaine d. if detached. *8 - In the context here used the term "villas” means develoument that occurs on a platted lot where the lots tend to form a clustered home siting scheme accessed, by an irregularly shaped and/or non - standard private roadway system 3 -3 February 17,2012 Packet Page -1786- SECTION IV GOLF, OPEN SPACE (GO) 4.1 PURPOSE 3/13/2012 Item 17.A. 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. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, 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. B. 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. 4 -1 February 17, 20I2 Packet Page -1787- 4.3 3/13/2012 Item 17.A. 3. Retail establishments accessory to the permitted uses in the District such as, but not Iimited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club guests. 5. Shuffleboard courts, tennis courts, swimming pools and all other types of accessory facilities intended for outdoor recreation. 6. 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. DEVELOPMENT REGULATIONS A. 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 Q2 D from all PUD boundaries and residential tracts. B. 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. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures — Zoned: 2 stories or thirty feet (30') Actual:: 2 stories or forty five feet (45') 2. Accessory Structures — Zoned: 1 story or fifteen feet (15')-, Actual: 1 story or thirty feet (30') E. Minimum distance between principal structures -- Ten feet (10'). F. Minimum floor area – None required. G. Minimum lot or parcel area – None required. H. 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. 4 -2 February 17,2012 Packet Page -1788- SECTION V VILLAGE CENTER 5.1 PURPOSE 3/13/2012 Item 17.A. 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. 5.2 GENERAL DESCRIPTION The Village Center area is intended to serve as a mixed -use component of the project in which primary recreational facilities, small scale retail convenience goods, offices. limited personal services for residents of the PUD, 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 ene -two hundred and ten (440210) multi residential dwellings may be constructed in the Village Center. The area in which small scale retail convenience goods, offices, personal services or any other small scale retail commercial uses not directly associated with the golf, tennis or community club facilities, shall be limited to a maximum of 4.5 acres, and may be developed concurrent with other development within the Village Center see deviation in 5.4.G of the PUD). The acreage of the small -scale retail, office and personal uses and their supporting associated facilities must be tracked and shown on the site development plan that includes said uses. Permitted uses and their related accessory uses in Section 5.3.A1, 2 and 3 are excluded from the acreage calculation. 5.3 PERMITTED 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 1. 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. Personal services convenience goods offices or similar non - residential uses including the following designed to serve the daily needs of the residents: i. Groups 6021 - 6029, Commercial banks - drive - through facilities are prohibited. ii. Group 6531, Real estate agents and managers for property within PUD only. 5 -1 February I7, 2012 Packet Page -1789- 3/13/2012 Item 17.A. iii. Group 5411 Grocery stores except frozen food and freezer plants 10,000 sq. ft. maximum floor area. iv. Group 5499 Health food store only -2.500 sq. ft. maximum floor area. v Groups 5611 -5661 Apparel and accessory stores -2,500 sq. ft, maximum floor area (pro -shops not subject to this size limitation). vi Group 5812 Eating places except caterers and industrial and institutional food service establishments, dinner theaters, drive -in restaurants and restaurants with drive - through facilities. vii. Group 5921, Liquor stores. viii. Group 5992, Florists. ix Group 7212 Agents for laundries and drvcleaners only. �x Group 7231 Beauty shops except beauty schools and cosmetology schools. xi Group 7299 Depilatory salon electrolysis massage parlor, shopping service for individuals, and tanning salons only. 3~:xii. Grou�7991 Physical fitness facilities. 475 All permitted residential uses identified in Section 3.4 of this PUD Document. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal 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. 6- For purposes of this PUD "Golf club cabanas" shall be defined as: An attached or detached room or suite, which could be used as a temporary sleeping accommodation. which is integrated as part of the principal use of the property. For purposes of the density cap, a golf club cabana shall constitute a multi - family dwelling unit within the PUD. 5.4 DEVELOPMENT REGULATIONS Residential dwellings constructed in the Village Center shall be subject to the development standards identified in Table II of this PUD document. Other non- residential development shall be subject to the standards outlined below. 5 -2 February 17, 2012 Packet Page -1790- 3/13/2012 Item 17.A. 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 zoned height of fefty- €rve y feet (4�'S0') and an actual height of sixth feet (60') above finished grade. 2. Accessory structures: 9*L--Two (�2) &teffgories, or a maximum of twe",- ethim feet (?51'30') above finished grade. 3. Architectural features such as bell towers and decorative architectural features 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 13.2. hereof. 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. 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 required. 3. Accessory uses and structures — No separate parking area is required for any accessory use within the Village Center. E. Building separation: Twenty feet (20') between residential and non - residential structures. Building separation shall be determined by applicable fire code requirements. F. Minimum dwelling unit size: Per Table II , ,,: +, shall be a f 1,200 square f , G golf cabanas shall be a minimum unit size of 350 square feet, not to exceed a maximum of 1,000 square feet. 5 -3 February 17, 2012 Packet Page -1791- 3/13/2012 Item 17.A. F-G. A deviation from Land Development Code (LDC) Section 4.07.04.B.8LSpecial Requirements for Mixed Use Planned Unit Developments Containing_a Commercial Component, which permits certain Village Center Commercial uses only after 30% of the dwelling units are constructed, and that 80% of _ the approved dwelling units must be located within 1/3 mile of the Village Center. The deviation will allow commercial uses in the Villa(-,-e Center area to be developed concurrent with project construction. and allow 70% of the residential development tract acreage to be located within 1 /3 mile of the Village Center area as depicted on the conceptual PUD master plan. 5-4 Packet Page -1792- Febmary 17, 2012 SECTION VI PRESERVE DISTRICT 6.1 PURPOSE 3/13/2012 Item 17.A. 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. 6.2 GENERAL DESCRIPTION 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. 6.3 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. S. 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. B. Accessory uses and structures such as walls, berms and signage, subject to compliance with the provisions of this PUD. 6 -1 Packet Page -1793- February 17, 2012 3/13/2012 Item 17.A. 6.4 DEVELOPMENT STANDARDS Setback requirements for all structures shall be in accordance with Seetie .''�7.3;e€ the Collier County LDC. A. 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') C. 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. D. 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. 6.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non - exclusive conservation easement or tract is required by Seetion 3.2.8.4.7.3 0 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 February 17, 2012 Packet Page -1794- SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE 3/13/2012 Item 17.A. The purpose of this Section is to set forth the development commitments for the development of the project. 7.2 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 r,iyis: 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. 7.3 PUD MASTER PLAN A. 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 „f seed n 2. of the LDC, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. C. 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. 2. 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. Reconfiguration of design features. 7 -1 February 17, 2012 Packet Page -1795- 3/13/2012 Item 17.A. 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. 7.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. 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. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Seetio 2.7.2.6 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 Seetio° 2.7.2.^ of the LDC. 7.5 POLLING PLACES Pursuant to Seefi.,, 2.6.20 e 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. 7.6 SUBDIVISION_ REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS/ DEVIATIONS A. 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. 1. The berm adjacent to the I -75 right -of -way may include landscaped 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. 2. No landscape buffers shall be required adjacent to lakes, golf course or open space tracts, where structures are permitted with 0 -foot setbacks from said tracts. 7 -2 February 17, 2012 Packet Page -1796- 3/13/2012 Item 17.A. 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 height. Such fences and walls shall be permitted to be located on the property line. 4. An interim landscape buffer shall be installed along the southern boundary of the PUD from the western Rroperty line to the PUD's eastern most access point onto Veterans Memorial Blvd. The landscape buffer shall be installed no later than December 31 2012 and shall consist of a continuous native hedge. minimum 3 gallon and 24 inches at the time of planting. Once development commences on the development tract adjacent to the southern project boundary, a landscape buffer meeting the required buffer standards of the LDC shall be installed B. Sidewalks/bike paths shall be in conformance with Subsection 6.06.02 (formerly Subsection 3.2.8.3.17) of the LDC, except as set forth below. 4- Section 6.06.02 ( fonmerly 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. Cul -de -sacs shall not be required to provide sidewalks. C. Private streets shall conform with the right -of -way width requirements of Subsection 6.06.01.0 (formerl 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') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 6.06.01.0 (formerly Subsection 3.2.8.4.16.51 of the LDC. 2. The developer, or successors and assigns shall provide a stabilized emergency vehicle turn - around meeting local fire prevention code criteria. approximately midway along the cul -de -sac as noted on the PUD Master Plan (Note 1). 2:3. All other cuI -de -sacs are required to have a minimum forty foot (40') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 6.06.01.0 (formerly Subsection 3.2.8.4.16.5) of the LDC. 34. 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 6.06.01.0 (formers Subsection 3.2.8.4.16.5) of the LDC. 4.5. Cul -de -sacs may exceed the one thousand foot (1,000') length maximum of Subsection 6.06.01.J (formerly Subsection 3.2.8.4.16.6) of the LDC. 7-3 February 17, 2012 Packet Page -1797- 3/13/2012 Item 17.A. -5-.6- of the LDC—tTangents between reverse curves shall not be required. 6:7. Street grades may exceed four percent (4 %) maximum ei± Subseetie-ii 3.2.8.4.16.14 „r the r roc provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. -:8. Subsection 6.06.0l.Q (formerly Subsection 3.2.8.3.191 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 painting, 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. 8-.9. Subsection 4.03.07 (formerly Subsection 3.2.8.4.101 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. 9-10, Formerly Subsection 3.2.8.4.16.8 of the LDC : The minimum back of curve radii for internal roads shall be 30 feet with the exception that both entrance road intersections shall have curb radii of 40 feet. 49:11. Subsection 6.06.05 (formerly 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. 4 -1-12 S..L,.ee fie „ e f the r DG; The standard for blank utility casings shall be waived. 13 A deviation from Section 6.06.01 street system requirements and Appendix B of the LDC to allow "villa" units to be served by access ways having reduced right -of -way width and cul -de -sac radii when permitted by the County Manager or his designee in accordance with Section 10.02.04A.3 of the LDC. D. Lake excavations adjacent to rights -of -way shall be in compliance with Subsection 3.05.10 (formerly Subsection 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. 7 -4 February 17, 2012 Packet Page -1798- 3/13/2012 Item W.A. 7.7 TRANSPORTATION The development of this PUD shall be subject to and governed by the following conditions: A. 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. B. 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. C. 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. D. 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. E. Road Impact Fees will be paid in accordance with the appropriate Collier County Ordinance, F. Any and all points of ingress and/or egress as shown on any and all 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. G. Any and all median opening locations shall 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. H. 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). I. The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be 7-5 February 17, 2012 Packet Page -1799- 3/13/2012 Item 17.A. separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. The developer(s) 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 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. K. All work within Collier County rights -of -way shall meet the requirements of the Collier County Right -of -Way Ordinance. L. 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). M. 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 Stibsee`rofi--)-.-z444 of the LDC N. 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. O. 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. P. 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. 7 -6 February 17, 2022 Packet Page -1800- 3/13/2012 Item 17.A. Q. 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, R. 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. S. 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. 7.8 UTILITIES The development of this PUD shall be subject to and governed by the following conditions: A. 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 other applicable County rules and regulations. B. 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. C. 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. 2. 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 proj ect. D. 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- 7-7 February 17, 2012 Packet Page -1801- 3/13/2012 Item 17.A. A. 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. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with Seefier' 2.4.4.7.3 of the LDC. C. 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. D. 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. E. 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. F. 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 A. This project shall be required to meet all County ordinances in effect at the time final construction documents are submittal for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of Divisien 3.' of the LDC. C. Prior to final site development plan approval a right -of -way permit will be required. 7.11 WATER MANAGEMENT A. A copy of the South Florida Water Management District ( SFWMD) Surface Water Permit shall be submitted prior to final site development Plan approval. B. An excavation permit will be required for the proposed lake(s) in accordance with rtiiyisiei 3.9 of the LDC and SFWMD Rules. 7 -8 February 17, 2012 Packet Page -1802- 3/13/2012 Item 17.A. C. The developer shall obtain all necessary state, federal and local water management related approvals prior to final development order approval. D. 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 permit(s), discharge from the site is directed to the Mediterra system, the I -75 right-of-way, and to the Livingston (east -west) Road right -of -way. 7.12 PLANNING A. Pursuant to Seetien 2.2,25.8.' e 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. 7.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following, the construction of the principal structure except that temporary sales buildings, trailers, 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. 7.14 SIGNS A. 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: L 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, 2. 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. 7-9 February 17, 2012 Packet Page -1803- 3/13/2012 Item 17.A. 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. 5. 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. 6. 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 and in the entry median. Such signs shall contain only the name of the subdivision and the insignia or motto of the development. 2. No sign face area shall exceed 80 square feet and the total sign face area 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. 4. 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. 2. 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. 7 -10 February 17, 2012 Packet Page -1804- 3/13/2012 Item 17.A. 3. Residential and community facilities entrance signage decorative walls and architectural features shall be permitted consistent with Exhibit "C ", "Typical Estate Entry Feature ". 7.15 LANDSCAPING FOR OFF - STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division ' ^ 4-the LDC in effect at the time of building permit application. 7.16 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: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Piyisie 2.5ef 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 T ivisia , 4of the LDC are applicable. 7 -11 Packet Page -1805- Febmary 17, 2012 3/13/2012 Item 17.A. - TEMPORARY SALES CENTER ( i I I I I I 1 r. 12' �L LL I —I I I I i I I I i RESIDENTIAL - 1 16.1 Ac. G/l�7 GOLF OPEN SPACE - 262.7 I I I PRESERVE - 69.9 56.0 I I , I I (V& VILLAGE CENTER - 21.5 �II li I I 0 FDOT RIGHT -OF -WAY - 4.72 I I I I I NOTE: j l LAND USE AREAS CONCEPTUAL I AND SUBJECT TO RELOCATION/ CHANGE PRIOR TO CONSTRUCTION PERMITTING I I I � I — — T LVETERANS MEMO_ RIA — L BLVD E4� 11E S aNwETER BFRM WITH 1W0 BOUNDARY MARKER MONUMENTS NOTE: ,"1 \ THE DEVELOPER, OR SUCCESSORS AND ASSIGNS, SHALL PROVIDE A STABILIZED EMERGENCY VEHICLE TURN - AROUND, MEETING LOCAL FIRE PREVENTION CODE CRITERIA, APPROXIMATELY MIDWAY ALONG THE CUL-DE-SAC. SEE ALSO PUD ORDINANCE, SECTION 7.6.C.2. GradyMinor ® a0 it F,nNmn�r.er,% s 1YLmd S`1lnnaom • vuw.f raayAlMnr.rnm Q..rany Wrmusur,tW 239.947.1144 Fort M"M 219.690.4180 North Port 941.426.858 NaDiea '2:19.444.2197 Manners • La!idscaap ArccNmt ctw Minor ana Associates. I'A. TUSCANY RESERVE PUD Pao. • EXHIBIT A PLANNED UNIT DEVELOPMENT MASTER PLAN JDB LDDE. FIIE riKiAUE SN &PT , or 1 Packet Page -1806- 3/13/2012 Item 17.A. W J r Q ¢ Y J F' _ � r ❑ ❑ w H w LL CL G- O w Z < ¢ Z l'- _ > Q a O d O ° ~ W m o m w N to i W ❑ Z W 1- 2 07 Z r (n r v C Q o¢� H a a U w O w o m LL CL 0 W Z Lu tr z a - - -- � I Z � m J w m❑ w¢ r � CL J J Z a J Q W Z � U _� > m = w Z Z j ti � > UJ m N - J W x w¢ W Z Q W ¢ Fs" L I LU U to w m x r w a N to w M a J— w co z z ❑ vi 2 g O W t w W LL a U .......... oz� _- U Cl) 0 o Z v¢ I 0 LL ❑ W a Q, w >>� ¢ w w F- �I J N C7 � LLj W I o `n In 0 N N yi N J (� I r x f- u? N N "I co X O CC 4 w T a w m r O I LL co x � tj x X O (a a LL 5 w (7 a ¢ w Q O a r w w v � Z w Z — � U W - -o ❑ o a Li Ln w J Z O ¢ m W > "' > W Z z ¢ Z r O z 1— U Z Z o co IX w Z w w ¢ U PREPARED By: HEI DT & ASSOCIATES, Inc. TUSCANY RESERVE Tampa o Fort Myers EXHIBITS- 1-75 BUFFER CIVIL ENGINEERING Fort Myers Office Prepared For: WC/ PLANNING 38D0 Colonial Blvd., #200 SURVEYING Fort Myers, Florida 33912 Dwn. RGM Ck. RM DWG B.Sz i '. _detail ENVIRONMENTAL PERMrMNG Phone! 941-482-7275 (Date: 07/12/02 Order No.: WST —TR -030 FAX: 941-482-2103 LANDSCAPE ARCHITECTURE REVISED 1/20/03 SHEET 1 OF 1 Packet Page -1808- 3/13/2012 Item 17.A. .i^ 1. r. W U W H E— w m � =a X wU) C N CD 0 0 Co N a� Ci w� c� c W lU w Q N Ii r W Q U i- Z Li V) L'i v)L-J'�-' rz Z -zz 6, 4- If) L ;T I &IJ � I N 0 rN < Lj L-1 < M V) PT i cj^ z3 <w V. V, 3/13/2012 Item 17.A. < C) u L� LL L) Ow J < z ;r < > uj E < > < LL] Z _j — uj > uj < < < < > < Ln PREPARED By, HEIDT & ASSOCIATES, Inc. TUSCANY RESERVE DRIVE Tampa + Port Myers EXHIBIT 1--) LA=GENGINEERiNc Fort Alvers Offict Prepared ForWC1 y--1 'C' SSW Colonial Blvd., r200 jDwr. RGM Ck.RM DWG 8.5xl—detal� SURVEYING Fort Myers, Florida 33912 ENVIRONMENTAL PERV3TTING Pmne: 941-482-7275 ID'tp; C7/'E/02 IDrder No.WST-TR-03C LANDSCAPE ARCHrrECTLJRE FAX: 941-482-2103 SHEET i OF i Packet Page -1809- < , nqt-�L" T P,/a iSV3 L'j Ij Lj < > S- a- < af 21 PREPARED By, HEIDT & ASSOCIATES, Inc. TUSCANY RESERVE DRIVE Tampa + Port Myers EXHIBIT 1--) LA=GENGINEERiNc Fort Alvers Offict Prepared ForWC1 y--1 'C' SSW Colonial Blvd., r200 jDwr. RGM Ck.RM DWG 8.5xl—detal� SURVEYING Fort Myers, Florida 33912 ENVIRONMENTAL PERV3TTING Pmne: 941-482-7275 ID'tp; C7/'E/02 IDrder No.WST-TR-03C LANDSCAPE ARCHrrECTLJRE FAX: 941-482-2103 SHEET i OF i Packet Page -1809- .n � N a 3 0 J N� �IN i . I 7 I m F T � � J+ ij II i I I i 4 I I I' 11 tii I 11 ' I i _ � I if) W Y Q H Z W U Q �I 7 ir O w M III N W �I Z O. U W N Q W F Q (L C) i"� In z 3/13/2012 Item 17.A. IREPAREC BY: HE[OT &ASSOCIATES, Inc. TUSCANY RESERVE DRIVE Tampa < Fort Mvers EXHIBIT E CML ENGINEERNG Fort Myers Office Pre DOrec FO': WCI COMMUNITIES ti PLANNING 3800 C01ON&I eWd., #200 Fort Myers. Florid& 33912 ':Cwn. MP I Cu. Nz DWSw 8X' t ZXH.31T E SURVEYING Phone: 239 -4$2 -7275 !Dote: 01— t7 —C', cu ^B NU.' V,'ST —TR ENVIRONMENTAL PERMMnNG FAX: 239 -432 -2103 LANDSCAPE ARCHITECTURE 7 SHEET > OF 7 Packet Page -1810- K � C L l— W ~J Z'= _ SVCD G = Q = Cff v O O n > 7 I m F T � � J+ ij II i I I i 4 I I I' 11 tii I 11 ' I i _ � I if) W Y Q H Z W U Q �I 7 ir O w M III N W �I Z O. U W N Q W F Q (L C) i"� In z 3/13/2012 Item 17.A. IREPAREC BY: HE[OT &ASSOCIATES, Inc. TUSCANY RESERVE DRIVE Tampa < Fort Mvers EXHIBIT E CML ENGINEERNG Fort Myers Office Pre DOrec FO': WCI COMMUNITIES ti PLANNING 3800 C01ON&I eWd., #200 Fort Myers. Florid& 33912 ':Cwn. MP I Cu. Nz DWSw 8X' t ZXH.31T E SURVEYING Phone: 239 -4$2 -7275 !Dote: 01— t7 —C', cu ^B NU.' V,'ST —TR ENVIRONMENTAL PERMMnNG FAX: 239 -432 -2103 LANDSCAPE ARCHITECTURE 7 SHEET > OF 7 Packet Page -1810- 3/13/2012 Item 17.A. 26D » :Wednesday, February 22, 2012 )) N A p L s S DA I LY N E WS NICE n9 AAEETINA W MUM NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, March 13, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will Consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE 'BOARD, OF COUNTY. COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -28; AS AMENDED BY 2004- 47; THE TUSCANY RESERVE PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE PUD DOCUMENT, EXHIBIT A, TO PROVIDE FOR: AMENDMENTS TO COVER PAGE; AMENDMENTS TO PROPERTY OWNERSHIP & GENERAL DESCRIPTION SECTION; AMENDMENTS TO PROJECT DEVELOPMENT SECTION; AMENDMENTS TO RESIDENTIAL "R" DEVELOPMENT AREAS SECTION; AMENDMENTS TO GOLF, OPEN SPACE (GO) SECTION; AMENDMENTS TO VILLAGE CENTER SECTION; AMENDMENTS TO GENERAL DEVELOPMENT COMMITMENTS .SECTION; ADDING A DEVIATION FROM THE REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENT STANDARDS; PROVIDING FOR AMENDMENTS TO MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY IS LOCATED IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER. COUNTY, FLORIDA CONSISTING OF'461:29 ACRES. NO INCREASE IN DENSITY OR NUMBER OF AUTHORIZED DWELLING UNITS 15 PROPOSED. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the -County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. Iff" recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons .wishing to have written or graphic materials included in the Board agenda packets must submit said Material a minimum: of 3 weeks prior to the. resppeective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensute that.a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the. appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to .ydu, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail fast, Building W, Naples, Florida 34112, (239) 252 =8380. Assisted listening. devices for: the hearing impaired ,are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) February 72. 2012 No. 1436733 Packet Page -1811-