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Backup Documents 03/13/2012 Item #17ACOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17q To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, February 17, 2012, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Originating Dept/ Div: GMD /Zoning Person: Kay Deselem, Principal Planner Date: February 14, 2012 Petition No. PUDA- PL2011 -343: Tuscany Reserve PUD Petitioner: K.E. Talis Park Properties, LLC fka KF. Tuscany Reserve Properties, LLC; 16990 Livingston Road; Naples, FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: D. Wayne Arnold, AICP; Q. Grady Minor & Associates, P.A.; 3800 Via Del Rey; Bonita Springs, FL 34145 and R. Bruce Anderson, Esquire; Roetzel & Andress; 850 Park Shore Drive; Trianon Centre, Third Floor; Naples, FL 34103 Hearing before: X BCC BZA Other Requested Hearing date: Tuesday, March 13, 2012. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: Naples Daily News Proposed Text: 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. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131- 138326- 649100- 00000; Purchase Order Number: 4500096189; Account Number: 068779 Reviewed by: Division Adhinistrator or Designee List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS Date For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date Received: 44E, Date of Public Hearing: 2—Date Advertised: 2- �� Teresa L. Polaski 17a From: DeselemKay <KayDeselem @colliergov.net> Sent: Tuesday, February 14, 2012 12:44 PM To: Minutes and Records Cc: Bellows, Ray; Lorenz, William; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Brock, MaryJo Subject: PUDA- PL20110000343: Tuscany Reserve PUD for 3/13/12 BCC Attachments: signed ad for 3 -13 -12 BCC.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. I will try to send the draft ordinance by separate email as my original message returned as "too large." Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department 6rowth Management Division -- Planning d Regulation Phone: 239- 252 -2931 fax: 239 -252 -6357 kaydeselem @co llierAo v. ne t Under i -londa Law. e -mail addresses are public records. if you do not want your e -malt addresw fole:a seal in response to a public re uoids request., do mat send electronic mad to this f'ent4y instead, contact this office, by 'telephone, or ire writing. k4l 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 11R" 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. 0447, 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 fka 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. 2/01112 Page 1 of 2 17 SECTION 1: 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 ATTEST: DWIGHT E. BROCK, Clerk LI-A , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams rn 9(' Assistant County Attorney iN Attachment: Exhibit A — PUD Document I I - CPS -0I 110133 Tuscany Reserve PUD/PUDA-PL2011-343 Rev. 2/01/12 day of 2012, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. M Page 2 of 2 FRED W. COYLE, Chairman 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: 16990 Livingston Road Naples, Fl, 14110 PREPARED BY: Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 and Neale Meatgomefy pa-ve-se, Navewield, Dalton, 'easen Aaafneys Stfeet poft myem, do 33901 Roetzel and Andress 850 Park Shore Drive Trianon Centre 3rd Floor Naples. FL 34103 -DATE REVIEWED BY CCPC DATE APPROVED BY BCC j@fflga 25, ORDINANCE NUMBER - AMENDMENTS AND REPEAL -2003-28 and 2004-47 DOCUMENT DATE 6/2403 EXHIBIT "A" February 3, 2012 17A 17R I Februajy 3, 2092 INDEX PAGE List of Exhibits ii Statement of Compliance iii SECTION I Property Ownership, Legal General Description and Short Title 1-1 SECTION 11 Project Development 2-1 SECTION III Residential Development Areas 3-1 SECTION IV Golf, Open Space 4-1 SECTION V Village Center 5-1 SECTION VI Preserve 6-1 SECTION VII General Development Commitments 7-1 I Februajy 3, 2092 17 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) ii Februmy 3, 2012 m i7A STATEMEW 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. 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. 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 in compliance 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 February 3, 2012 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 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 comer of said Section 7; thence along the West boundary of the Southwest one-quarter (1/4) of said Section 7, N.00'3228"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 3, 2012 17A (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 Panthef Developmen4s, 1, KE 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 Finn 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 FebruM 3, 2012 17A SECTION 11 PROJECT DEVELOPMENT 2.1 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. 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 develoi2ment approvals have been granted prior to the effective date of the 201'12 PUD amendment and approved under prior LDC and PIJID 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 AAdqs�ivate -Public Facilities ... jg�s2 provisions ... 3.15, Adequate 12tiblie. Faeilities, 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 3, 2012 17 A ;.1io 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 Division 3.2 the Collier County LDC, and the platting of the State of Florida. C. The subdivision provisions Division 34 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Divigen and SDP approval shall be obtained prior to the issuance of a building permit or other development order. ZD 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 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 2-2 Februmy 3, 2012 F. G. Engineering Director for engineering and safety considerations during the development review process and prior to any installation of such features. Utility, road, and any public and private easements shall be established as required during the SDP and/or plat approval process. Appropriate instruments will be provided at the time of infrastructure improvements regarding; dedications and the method for providing perpetual maintenance of common facilities. 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 of See4ion 2:6:33 5:9 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+a7 years from date of the approval of this PUD amendment, and thereafter shall be permitted through the County's annual renewal procedures in the LDC S €ien 5:"A4. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Seetien 2.73.5. e 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 stonnwater 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 Seetie 2.2? the Collier County LDC, 2 -3 February 3, 2012 17A 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 LDCL+Ad Developmew Code, Seetieft 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. 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: I 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 2-4 February 3, 2412 17A setback, however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way. I Setback from exterior property lines — One half (Y2) the height of the structure. 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') S. 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 Seetieft 2.63 fflie, 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 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, which has previous, ly been placed in a conservation easement. Due to right-of-way taking by FDOT for improvements to l -75. the preserve acreage is now 56.0± acres. 2-5 February 3, 2012 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 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 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 Divisien 3.3 aad Division 3.2, fespeetively-,-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: I . Single-family detached dwelling units, 0. 2. anti zZereVariable lot line dwelling units. A variable lot line dweliine unit is a single family dwelling where one of two side 'yards may vary between 10 feet as Iona as a 10 -foot minimum separation between principal structures is maintained. 3. - I ehed md (Townhouse dwelling units. 4. Two-family and duplex dwelling units. 5. Multiple-family dwelling units. 576. Villas O.-T 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 PUDto exewd ff= -eval of t4e PUD. j ffem the date of appr 3-1 February 3, 2412 B. Accessory Uses :r I 1. Uses and structures customarily associated with principal uses permitted. 2. Guesthouses, pursuant to See4ien 2.6.1 the Collier County LDC. I PtT 3. Common area recreational and utilitarian facilities to serve the ;D, 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 11 sets forth the development standards for land uses within the "W', Residential District. B. Site development standards fef Gal egefies,-1-5--of Table 11 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 11 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 fhmil)--Va6e-)VLill,a 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 11. F. Housing structure types including lot orientation for single-family detached dwelling units, such as ze ariablc lot line versus non - Fer-o variable lot line orientations, may not be mixed within the same development tract provided that the larger of the mininitini building separation is maintained between the two -. , however, single-family afed4M fyM and multi-famil structures may not be mixed within the same platted development tract. 3-2 Febnjan,3,2012 i7a TABLE 11 TUSCANY RESERVE COMMUNITY DEVELOPMENT STANDARDS FOR "It" RESIDENTIAL AREAS PIRMITTED USES AND Single Family Z0M)L4dAh1 Two Family and Single Fam4y Multi-Family Villas*8 SIANDARDS imum Lot Width *5 Detached Lot Line ter Duplex Attaelied emd Dwellings, 16' M imum Lot Depth 1001 'tngIu r:Aolill I 100, Townhouse excludin N/A ja niMMILFront Yard 20' *3 20' *3 20' *3 20' *3 Townhquse 0' M. nimum Lot Area 5,000 SF 4,000 SF 3,500*4 3,500 SF 9,000 SF 2.500 SF M imum Lot Width *5 50' 40' 35' 20' 90, 16' M imum Lot Depth 1001 100, 100, 1001 100, N/A ja niMMILFront Yard 20' *3 20' *3 20' *3 20' *3 20' *3 0' Ll imum Side Yard ot width 70' or less kt width "ea r _thM7Q_' 51 6' 0 op-6- 10' *6 0 or-6.S 0 or 5'61 15, 0' M imum Rear Yard 15' 15, 15' 15' 15, 13, Preserve MVimum Rear Yard 1 5' 5' one story 7.5' two story 0 or 7.5' 5 51 1 0 Minimum Rear Yard *I 10, 10, 10, 10, 10, Preserve 9: —Golf Course Accessory Maximum Building Height *2 tied ctual 35 feet 44L5ffik�e�ti 35 feet 45 feet 35 feet 45 feet 35 feet 45 feet 50 feet 63 feet 3-5 feet 4.5 feet i um Distance Between ILi urn Principal Structures *7 10, 10, 10' one story 0 or 15' two story 10, !/2 Building Height X10 I F1 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 tmit type, and not the minimum lot area, shall define the development standards to be applied by the ;04-er gepviaes PapaAmen Lp , Mgnt 4—or! during an application for a building permit For all pa6w yjjjjR �,qbM#_n-sa DiyL or zoriav ALiqhjs lot units a conceptual exhibit showing typical building configurations; shall be submitted to the Wepw*meW tjCoAvLh ijLL)ikisjQpp with the application for the first building permit. The conceptual exhibit may be modified as needed. Verification of ingresslegress for maintenance shall be provided for lot line units. All distances = in feet unless otherwise noted. . I - 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 are-as, 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 4acent 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 (ifnot 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 aside yard- 1 *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 - which provide for two parking spaces within an enclosed garage and provide for one,fL tjh;_ pllw _ gues t parking other than in private driveways. oi-A")a Wqat c v-QLm2t-qLwKrL may reduce the front yard reqLj irement to l5'4ff4h0jA0W. _Eqsqt" Ity S nicest.bg..krtfmllil7?t?P0 to W� *4 - Each half ol'a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot amp of 7,000 SY. *5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *5 Side setback on one side vard may be var&g _NILwco. _T as long as am 10 foot WjQjWAo separation between principal structures is maintained. 'jokplaticd lot shall have 10 -fruit side and setback o more that -- de vard it it is the *7 - Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum separation is maintained, if 3-3 February 3, 2012 SECTION IV GOLF, OPEN SPACE (GO) 4.1 PURPOSE 17A -i 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 I 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 3, 2012 3. Retail establishments accessory to the permitted uses in the District such as, but not limited 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. 4.3 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 L25_:) 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. Maxim-am height of structures I Principal Structures— Zoned: 2 stories or thirty feet (30') Actual,: 2 stories or forty, five feet (45') 2. Accessory Structures— Zoned: J story or fifteen feet (15')-. Actual: I 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 Februmy3,2012 SECTION V VILLAGE CENTER 5.1 PURPOSE 7A 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 A.—mmily residential uses will , be developed. The approximate acreage of the Village Center is identified on the Master Plan, Exhibit "A". A maximum of efP.—Lw_ohundred and ten (44OZ99L] 0 multi fiwiily an"f:4evaihouse-residential dwellings may be constructed in the Village Center. The area in which small scale retail convenience goods offices, pprsonal services or wy other small scale retail commercial uses not _directl 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 PUM The acreage of the small-scale retail, office and personal uses must be tracked and shown (in the site development plan that includes said Lises. 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 incli wing, designed to serve the daily needs of the residents: i. Groups 6021 — 6029, Commercial banks — drive -throw Rb facilities are prohibited. ii. Group 6531 Real estate agents and managers for property within PUD MiL iii. Group 5411. Grocery stores. except frozen food and freezer p]ants 10,000 N, ft. maximum floor area. 5-1 FabTuary 3, 2012 17A iv, Group 5499, Health food store only 2500 sq. ft. maximum floor area. v, Grows 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 senice establishments dinner theaters drive -in restaurants and restaurants with drive-LhrougLfacilities, vii. Group 5921- Liquor stores, viii. Group 5992, Florists. ix. Groff 7212, Agents for laundries and dryclearters, only. x. Group 7231, Beauty shops, except beauty schools and cosmetology schools. xi. Group 7299. Depilatory salon, elecirplysis. massage parlor, shopping service for individuals, and tanning talons only. 3-.xi1 . Group 7991, Physical fitness facilities. 4-.5jr--W--'ROt15e alld multj famflv S' fig 00 WIA65AII 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. 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 Qf this PUD, "Golf club cabanas" shall be defined as: An attached or detached room or suite. which could be used as a tempo sleeping accommodation. which is integrated as Dart of the principal use of the property and MaN, Oeftti . . —iter as -- k does not aeeemmedate a fiUll kitehen and iq at a FA . For purposes of the density cap only. but not for purposes of parking and impact fee calculatiotis. q__gql ( cili11 cabana shall constitute a multi family dwellina, unit within the PM 5.4 DEVELOPMENT REGULATIONS Residential dwellings constructed in the Village Center shall bt- subject to the development standards identified in Table 11 of this PUD document. Q_qLer non- residential development shall be subject to the standards outlined below. 5-2 February 3. 2012 I 1- '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 coned height of fofty- 4vefiftv feet (45 1501 and an actual height of sixty feet (60' above finished grade. 2. Accessory structures: Offe-Two (4.2_?) stm-fgories, or a maximum of twenty 4w1hia feet (2-5 '') 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, 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 I Tewnhouse and/or fnehi faffiily d�wlling tMits--l'all anit si "_ of 1,200 sqtwe feet-.G-glolf cabanas shall be a minimum unit size of 350 square feet, not to exceed a maximum of 1,000 square feet. 5-3 Fcbruwy 3, 2012 i7a G A deviation froth Land i?velottment Code (l UCl section 4.(l7 fl4 8.8, Special Requirements for Mixed Use Planned Unit Developments Containing approved dwelliniz units must be located within 113 mile of the Village Center. The deviation will allow commercial uses in the Village Center area to be develoned concurrent with project construction, and allow 70% of ft residential development tract acreage to be located within 113 mile of the Village Center area as depicted _on he co�ncq tu�aIPUD masterlan. 5-4 February 3, 2012 SECTION VI PRESERVE DISTRICT 6.1 PURPOSE 17A , 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 February 3, 2012 i�a 6.4 DEVELOPMENT STANDARDS Setback requirements for all structures shall be in accordance with Seetion 3.2.8.4.7.3, 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 of the LDC for lands included in the Preserve District, In addition, non-exclusive conservation easement(s) may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with the provisions of the LDC, said easement(s) shall be provided in accordance with the terms set forth in any applicable permit granted by any agency. The developer, its successor(s) or assigns including the master property owners' association shall be responsible for control and maintenance of lands within the Preserve District. 6-2 February 3. 2012 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE 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 Division 3 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 "A7, 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 he specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Seetion 2'.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 vroiect, 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. Reconfiguration of design features. 7-1 Febnatry 3, 2012 17A 10 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 Seetion 2.7.3.6 e 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 ef Seetion 2.7 ^ of the LDC. 7.5 POLLING PLACES Pursuant to Seetion 2.6.3 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 Seelien 2,4.4. the LDC, except as set forth below. 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. 7-2 Febmary 3, 2012 17 A k 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 height, Such fences and walls shall be permitted to be located on the property line. 4. Ap interim landscape buffer shall be installed along the southern boundary of the PUD from the_ western property 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. minim:Lim gallon and 24 inches at the time of t)lanting . Once, development commences on the e)elopmqnt trwt adjacent to the southern oroiect boundary, a landscai)e buffer meeting the required buffer standards of the LDC shall be installed, B. Sidewalksibike 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 6.06.01 (,(`oniec ' tion 3.2.8.3.17.3 I_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 he required to provide sidewalks. C. Private streets shall conform with the right-of-way width requirements of Subsection 6.06.01.0 (formerly Subsection 3.2.8.4.16.5)—of the LDC except as follows: The primary drive shall be in compliance with Exhibit I'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 tLpMj�g_lv Subsection 3.2.8.4.16.51 of the LDC. The dey�l(). L Lr.or successors and assigns, shall provide a stabilized ememency vehicle turn-around, meeting local fire prevention code criteria, approximately midway along the cul-de-sac as noted on the PIED Master Plan {Note 1). -2-3. 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 6.06.01.0) �fooLqrly Subsection 3.2.8.4.16.5) ofthe LDC. 3A. 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 6.0L&QI.O LC orniq_� l , Subsection '3.2.8.4.16.51 of the LDC. _ - 4-.5, Cul-de-sacs may exceed the one thousand foot (1,000') length maximum of Subsection 6.06,0U f formerlv Subsection 3.2.8.4.16.6) of the LDC. 7-3 February 3, 2012 -5 -6. Tangents between reverse curves shall not be required. 6.7. Street grades may exceed tie -four percent (4 %) maximum of Subseetion ;.2.8.4.16.14- C the LDG provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 74 February 3, 2012 17A •-��4 -7-.8. Subsection 6.06,01_Q_00�nllerl � Subsection 3.2.83.19) 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. 9-.9. Subsection 4.03.()7 {formerly 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. 41 t). Subseetion 4A34)� (fofme-ly ..e.s. 3.2.8.4.10) of the T.DQ The s4andar-d #�at PRM9 be ifisWled in a typieed watef ve4ve eever. "I be waived stibjeO to faeauffwwA-Mien b i - instWled in aeeeFdanee Ghapwr- !77, Refida Stawtes. In accordance with Section III.A.2 of the Counm-'s Construction Standards Handbook for Work within the Public Ri �ht of V�'av as ado teal in -Qrd. 2003-37 as.,aniended, the Transportation Administrator waives the tuna lane requirements in Sections III.A.Lb (1) and (21. A reduction is warranted due to the physical constraints in the existin Kj&bt-qf-,%yp A d nature of the roadway and exiL' 9- _ _y,_111!�,J�j _V� Wig FI-a-ri—ic calming measures. 48 -. 11 Subsection 6.( 6.0 C Qaigr jy 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. 44,11 Subseetien 3.18.4.21 of the LDG- The standard for blank utility casings shall be waived. 13. A deviation from Section 0,06,01 street system reguircnrents -and rkppendix B of the LIJ(7to,allow. "villa" units to be served by access ways hatiin reduc d, right width and cul-de-sac radii when permitted bv the County Manaaer or his designee in accordance with Section I U2.04A.3 oLthe LDC`. D. Lake excavations adjacent to rights-of-way shall be in compliance with Subsection 31.05.10 (forinerIN, 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. 7-5 February 3, 2012 7.7 TRANSPORTATION The development of this PUD shalt 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). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be 7-6 February 3, 2012 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 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 11 Plat. These dedications shall follow the requirements of Subseetieff 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. 7-7 Febmary 3, 2012 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 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: 7-8 February 3, 2012 I(A 4 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 8"en 3.2.8.4.7.3 o 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 ofDivisien 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 E)iYi9iei*C LhapLqr 34 of the LDC and SFWMD Rules, 7-9 Febmary 3, 2012 17A io 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 1-75 right-of-way, and to the Livingston (east-west) Road right-of-way. 7.12 PLANNING A. Pursuant to Seetieft 2.2.25,8.1 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: 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. 7-10 February 3, 2012 W 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 7.14.13.5. 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 7-11 Februwy 3, 2012 7.15 1 7.16 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", "Typical Estate Entry Feature". LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the DMsien e€-the LDC in effect at the time of building permit application. PROVISION FOR OFF-SITE REMOVAL OF EARTHERNI 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 Divisi-e.- 3.SChapter 10 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( lianter 10 of the LDC are applicable. 7-12 February 3, 2012 i7a 4 "7 A h t— TEMPORARY ,'SALES CENTER Dal, ry� I I r LAKE 3 z ! LAKE II VUiJ, JL' - tAK4! ' L7 _. LAKE4 11 I gj I I LAKE 5 i c FEW:iaETER l KR Wit LAKE is !v F1:il4UEk7S j 013 / 1 i, (R ,' RESIDENTIAL - 11 S. 1 Ac. 1 VILLAGE cENTEg. Ii =u 01p) ✓•[J KC ,9 � (2'1.48 Aa) ' elq GOLF OPEN SPACE - 262.7 I 11 G { j 1 i PRESERVE - 69.0 56.0 14 _ f rVC VILLAGE CENTER - 21.5 j ae tm) LAKE Y I FDOT RIGHT -OF -WAY - 4.72 , NOTE; / 12 LAND USE AREAS CONCEPTUAL AND SUBJECT TO RELOCATION/ h CHANGE PRIOR TO CONSTRUCTION ..R LAKE _ _ _ _ . _ PERMIT I INQ — - — i' l ' If - ---- - - -- -- - - -- !! J� /i /AJ // I I I i 1 K! 11 / MEMORIAL BLVD _ .> � �_— �;.,'.�i� =l - -- �`�:�� -- --- - -- -- -- __J -- .. -- �"'�ir5,"'R9ATr'ir'jv ..' ` _ ._ -� � o NOTE: K 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.C2 .. 4MIr11A AW71rµm 234.947 ,1144 (� }� �j `+ ja r{ F.11 Mi . 279A OATIft © GradyJNl nor N., km hm 44426try 8 Nnlilnv 11!1.x+412:1'.17 T1IuCANY RESERVE PUD } Y E.XHISIT A rox cnnG 1sAA n re ool T nklliavrs 4 Laidsurvnyary . Planticrs • LamloialinArdiltcclx r (4 W11� HM UGti151 Gi Yf (M'tih'HI,x IM�iflIIl aK,i'lt.!',.9x 1•C'NNVMIMx PLANNER UNIT DEVELOPMENT MASTER PLAN `# u x.x 1 cMEET wn w,iirWh111nnr rlem 0 C-4, I'A _ -_ Ir 7 OF 17A ELI ui W �� Q < 0 Lu M 0 Di 0. Eli 01 Lij w z 2 w < z 0 w < u Z Lu wz C) w ,,< LU Do 0 w z a- u �E 0 2 Lu z z. a. 6) co z 0 11 2 W> Z m LL LEI 0 to w z < 0 uj W 0 w LL -; Lu LL 0 (w, z LLJ < V CL 0 z 00 .�T z 9 0 C,4 < uu 0 M W C-) < W W :-;zi F- < Eli a t-L F Lu 0 Cr a. < uj < LL 2 -j w x 0 L) < U) W w w z 0 > > z (D Z U z LLJ �T 0 < z w cc w L W w 0 0 ,Z-- E 8 (B 8 -0 PREPARED By: HEIDT & ASSOCIATES, Inc. TUSCANY RESERVE yers Tampa Fort N1, EXHIBIT B - 1-75 BUFFER Prepared For WCJ Fort Myers offiloe 3800 Calwl-f DW, #200 <rl...I.IE jt>wn RGM I Ck. RM DWG: 6.5x I I -dftt-il Fort " , Floflla 33912 Ph-0: BAl-AS2-7275 Date: D7 /I2 /D2 Drder Mo.: WST —TR -034 FA' C 941-482-2103 A. _.T.. RE%�SED 1/20/03 SHEET I OF I 7A � I", °o ° CN W� W CO w -� (1) = Z n a� w = t O C Ifi _ w a jj _ r C4 11 W J QC U co 2/ § §� ) \` ^ ® ) § < > _ tz, Is,> _ 'S \ Cu u \R \\ k e« <au » 2 \a 6 � § \2 g of [u ƒ\ / }�\ \Lj wo <ozz ° ° °� . R Lu uz2 // a — - 3 egg=~ ( < za z Lu 9§ «$\ % u (»\�\ § u, < <� /+owz \ [&))\ z q ..\ >§e ;z < 0 2> DW �} § ,aw w / j3 @ \ ) ul � \ }{ / \ «; By, HEID & ASSOCIATES, Inc. TUSCANY RESERVE DRIVE gym@ Gnu m EXHIBIT D red e_= __ Fort Myers Office _mom \ : »_ D n.ra oe vw = 22 SH'EET , OF , _6 FAX: 17 A oI-4w iu , Z coo-, M/a IS3M z w u w > ix 13 w Lu (1) w cc UJ Cam,,, z ILI MA A ISY3 uj z uj o PREPARED BY: HEIDT & ASSOCIATES, Inc. TUSCANY RESERVE DRIVE Tampa o Fort Myers EXHIBIT E r CtOL ENGINEERING F." my— offkP Prepared For: WCI COMMUNITIES --N(Atwa 3600 P", My—, Flfido 33912 Dm MP I Ck, MP DWG, 8XI I EXHIBIT E RVF" NG no; 238AI2 -7275 Date: 01-17-03 JJCS NO.: WST-TR N\4RONMENTXL PERMITTING PAX; 239-182 -2103 SHEET 7 OF 1 LANDSCAPE ARCHRECTURE I I ?a Acct. #068779 February 15, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 RE: PUDA- PL2011 -343, Tuscany Reserve PUD Dear Legals: Please advertise the above referenced Legal Ad on Wednesday, February 22, 2012, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 NOTICE OF INTENT TO CONSIDER ORDINANCE 17 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 IS 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. If 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 respective 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 ensure that a verbatim record of the proceedings is made, which 4WIA1, 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 you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, 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) 17A Teresa L. Polaski To: Legals NDN (legals @naplesnews.com) Subject: PUDA- PL2011 -343, Tuscany Reserve Attachments: PUDA- PL2011 -343 Tuscany Reserve (BCC).doc; PUDA- PL2011 -343 Tuscany Reserve (BCC).doc Legals, Please advertise the attached legal ad on Wednesday, February 22, 2012. Please reply with an ok that ad was received and is being processed. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 -252 -8411 239- 252 -8408 fax Teresa. Polaski@collierclerk.com 1 17A Teresa L. Polaski From: Green, Amy <AGreen @Naplesnews.com> Sent: Tuesday, February 14, 2012 3:15 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS15D6 jpg Please provide approval by 9:00am on February 20th. Thank You, Naples News Legals Thank you for placing your ad. Date 02/14/12 Publication NDN Account Number 744102 Ad Number 1936233 Total Ad Cost $274.86 NOTICE OF INTENT TO CONSIDER ORDINANCE 17 A Notice is hereby: given that on Tuesclay, March 13, 2012, in the Boardroom rd� o ir�i trati n Buildin , Collier County Government Center, 3299E Ta- mlami Tr �� Naples, Florida, t�e Board of County Commissioners will consider .nt of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed C.ir€�inance is as fol lows AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN- TY, FLORIDA, AMENDING ORDINANCE NO. 2003 -28, AS-AMENDED BY 2004 -47, THE TUSCANY RESERVE PLANNED UNIT DEVELOPMENT ,(PULE), 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 RESIDEIV TIAL 'R" DEVELOPMENT AREAS SECTION; AMENDMENTS TO GOLF, OPEN SPACE (GO) SECTION; AMENDMENTS TO VILLAGE CENTER SECTiON; AMENDMENTS TO GENERAL DEVELOPMENT Ct3MM'ITitrIENTS 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. t?k-VVX0 Q-- SUBJECT PROPERTY IS LOCATED IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISFING OF 4611.29 ACRES. NO INCREASE IN DENSITY OR NUMBER OF AUTHORIZED DWELLING ,UNITS 15 PROPOSED. Copies of -the proposed Ordinance are can 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 itern; mint register vttith the County administrator prior to presentation of the agenda it+eni to be addressed. Individual speakers will be limited to 3 minutes on any itern, The selection of an in- dividual to speak on'behalf' of an organization or group is encouraged. If recog- nixed by'the Chairman, a spokesperson for a group or organization may be ,allotted 10 minutes to speak can an itern. Persons wishing to have written or graphic materials included In the Beard agenda packets must submit said material a minimurn of 3 weeks prior to the respective 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 perxaining thereto and therefore, may need to ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evI- dence upon which the appeal is based, if you area person with a disability who needs any accommodation in order to par - ticrpate� in than proceeding, you are entitled, at no cost to you, to the provision of certain'assistatite. Please contact the Collier County Facilities Management De �ar-t- mem, located at 3335 Tamlami Tail East, Building V► , Naples, Florida 34112, t23' 252 - 8380. Assisted listening' deviteis for the hearing impaired are available in the County Commissioners' Office BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA EKED W. COYLE, CHAIRMAN DWIGHT E. BROCk' CLERK By: Teresa Polaski, Deputy Clerk (SEAL) February 22, 2012 No. 1936233 Teresa L. Polaski From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, February 15, 2012 9:11 AM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS2948 jpg Teresa, I've made the requested changes. Please provide approval when this has been reviewed. Thank You, Naples News Legals Thank you for placing your ad. Date 02/15/12 Publication NDN Account Number 744102 Ad Number 1936233 Total Ad Cost $274.86 1 17A NOTICE OF INTENT TO CONSIDER ORDINANCE, 17 A Notice is hereby given that on Tuesday, March 13, 2012, in the Boardroom, 3rd Floor, Administration Ruildlncl, Collier County Government Center, 3299 East Tamiaml Trail, Naples, Florida, the Bird 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 Trollo%vs: AN ORDiNANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 20,03.28, AS AMENDED BY 2004 - 47, THE TUSCANY RESERVE PLANNED} UNIT DEVELOPMENT (PUD), BY AMENDiNG T}-1E PUD DOCUMENT, EXHIBIT A, TO PROVIDE FOR;. AMENt MENTS TO COVER PAGE; AMENDMENTS TO PROPERTY OWNERSHIP & GENERAL DESCRIPTION SECTION; AMENDMENTS TO PROJECT DEVELOPMENT SECTION; AMENDMENTS TO RESIDENTIAL OR" 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 STAND,iIRDS; PROVIDING FOR AMEENDMENTS TO-MAS ER PLAN; AND PROVIDING AN EFFECTi'VE DATE. SUBJECT PROPERTY IS LOCATED IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSiSTiNG OF 461.29 ACRES, N4 INCREASE IN DENSITY OR NUMBER OF AUTHORiZtD DWELLING UNITS iS 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 Count administrator dor to presentation of the agenda, stern to be addressed Individual speakers grill be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. if 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 rninimum of :3 weeks prior to the respective �ublic hearing. In any case, written materials Intended to be considered by the +yard shalt 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 became 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 ensure 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 test to you, to the provision of certain assistance. please contact the Collier County Facilities Management Department, located at 3335 Tamiaml Trail East, Building lilt, Maples, 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 DVVIGHT E. BROCK, CLERK By; Teresa Polaski, deputy Clerk (SEAL) F=ebruary 22, 2012 N4, 1936233 Teresa L. Polaski 1 17 A - i! From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Wednesday, February 15, 2012 8:30 AM To: Teresa L. Polaski Cc: Deselem, Kay Subject: FW: Ad Confirmation - - - -- Original Message---- - From: WilliamsSteven Sent: Wednesday, February 15, 2012 8:25 AM To: NeetVirginia Cc: AshtonHeidi Subject: RE: Ad Confirmation It matches my Tile. Approved. Steve Steven T. Williams Assistant County Attorney Collier County 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Tel: 239 - 252 -8400 Fax: 239 - 252 -6300 - - - -- Original Message---- - From: NeetVirginia Sent: Wednesday, February 15, 2012 8:13 AM To: WilliamsSteven Cc: AshtonHeidi Subject: FW: Ad Confirmation - - - -- Original Message---- - From: Teresa L. Polaski fmailto: Teresa .Polaski @collierclerk.coml Sent: Tuesday, February 14, 2012 3:19 PM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation Please review. - - - -- Original Message---- - From: Green, Amy [mailto:AGreen @Naplesnews.coml 1 of -Collier CLERK OF T HE 14.' Dwight E. Brock COLLIER COUNT Clerk of Courts 3301 TAMIAM P.O. BOX NAPLES, FLORIDA February 15, 2012 K.E. Talis Park Properties, LLC fka Tuscany Reserve Properties, LLC 16990 Livingston Road Naples, FL 34110 :C IT COURT )IL OUSE Clerk of Courts AIL E ST Accountant 044 4101 -3 44 Auditor 'w Custodian of County Funds RE: PUDA- PL2011 -343: Tuscany Reserve PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 13, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, February 22, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com llier CLERK OF THE C l Dwight E. Brock COLLIER COUNTY 3301 TAMIAMI Clerk of Courts P.O. BOX 4 NAPLES, FLORIDA February 15, 2012 D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34145 RE: PUDA- PL2011 -343: Tuscany Reserve PUD Dear Petitioner: T COURT OUSE 3T Clerk of Courts Accountant Auditor Custodian of County Funds 17 4 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 13, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, February 22, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK r� Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com 6f-C 6llier CLERK OF THE C RC�IT Dwight E. Brock COLLIER COUNTY OUR OL Clerk of Courts 3301 TAMIAMI IL E ST P.O. BOX 4 3044 NAPLES, FLORIDA 4101 -3 4 February 15, 2012 R. Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive Trianon Centre, Third Floor Naples, FL 34103 RE: PUDA- PL2011 -343: Tuscany Reserve PUD Dear Petitioner: COURT 17A Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 13, 2012 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, February 22, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Pskere sa Pol ai. Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk @collierclerk.com Teresa L. Polaski From: Sent: To: Subject: Looks good, Ok to run. Teresa L. Polaski Wednesday, February 15, 2012 11:08 AM 'Green, Amy' RE: Ad Confirmation - - - -- Original Message---- - From: Green, Amy f mailto:AGreen @Naplesnews.coml Sent: Wednesday, February 15, 2012 9:11 AM To: Teresa L. Polaski Subject: Ad Confirmation Teresa, I've made the requested changes. Please provide approval when this has been reviewed. Thank You, Naples News Legals Thank you for placing your ad. Date 02/15/12 Publication NDN Account Number 744102 Ad Number 1936233 Total Ad Cost $274.86 1 17p NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Debbie Landreth, who on oath says that she serves as the Controller of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on February 22, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the saLd newspaper. �? Signature of affiant Sworn to and subscribed before me This 23rd day of February, 2012 _k aa F_ �nm�*w (Signature of notary public) ..• µr a ;, �;��,�� KAROL E KANGAS Notary Public - State of Florida My Comm. Expires Jul 29, 2013 /�42F OF f�OP•`� Commission # DD 912237 ��rnurra 17q 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 Cofmissioners 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 MXED 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. 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 acirrlmistrator ior 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. If recognized by the Chairman, a spokesperson for a group or or 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 respective 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 ensure 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 you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, 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 CW* (SEAL) Fehruarv22. 2012 No 1926244 ORIGINAL DOCUMENTS CHECKLIST & ROUTING Sj'F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO // THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ,.v.ke (''k.,:....�..'o � . ... .ire.... line th--h rnntina lines * 1 thrnnah 44 cmmnlete the checklist - and forward to Sue Filson (line #5). cxcc ...,...,....e ............... ............. ............. ... ..... .. .- ----- Route to Addressee(s) (List in routing order) - - - - - - - -- I Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) Applicable) 2. March 13, 2012 Agenda Item Number 17A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance t 1 Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 'jh�'1"L 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact appropriate. (Initial) Applicable) Agenda Date Item was March 13, 2012 Agenda Item Number 17A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance t 1 Number of Original 1 Attached 1 ` Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 49 resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's 419 Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the 419 document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 419 signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. /10 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC March 13, 2012 and all changes made during the meeting have been incorporated in the attached document. The County 49 rim Attorney's Office has reviewed the changes, if applicable. __ 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17 A I MEMORANDUM Date March 29, 2012 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012 -11 (PUDA- PL2011 -343) Amending the Tuscany Reserve PUD Attached for your records is a copy of the Ordinance referenced above (Item #17A) adopted by the Board of County Commissioners March 13, 2012. I have also included an original Affidavit of Publication from Naples Daily News to confirm an official public hearing notice was published. If you have any questions, please call me at 252 -8406. Thank you. Attachment 17A MEMORANDUM Date: March 29, 2012 To: Jeff Klatkow, County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012 -11 Amending the Tuscany Reserve PUD Attached for your records, is a copy of the Ordinance referenced above, (Item #17A) adopted by the Board of County Commissioners on March 13, 2012. If you have any questions, please contact me at 252 -8406. Thank you. Attachment 17 A W MEMORANDUM Date: March 29, 2012 To: Steven Williams, Assistant County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2012 -11 Amending the Tuscany Reserve PUD Attached for your records, is a copy of the Ordinance referenced above, (Item #17A) adopted by the Board of County Commissioners on March 13, 2012. If you have any questions, please contact me at 252 -8406. Thank you. Attachment MEMORANDUM Date: March 29, 2012 17A To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2012 -11: Amending the Tuscany Reserve PUD (Ordinance 2003 -28) property comprising 461 acres in Section 12, Township 48 South, Range 25 East Attached for your records is a copy of the ordinance reference above, adopted by Collier County's Board of County Commissioners on March 13, 2012. If you have any questions, please call me at 252 -8406. Thank you. Attachment ORDINANCE NO. 12 - 11 17A �4 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 fka 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 17A i 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 , 2 301 Walden Center Drive z KE Talis Park Properties, LLC 16990 Livingston Road Naples, FL 34110 19. -1a70 to] a� Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 and Neale Mentgomefy Pam , 14m,effield,, Dalton, -1 affison & jensen Attorneys 193 3 17endr -., Stree Feft 7 Flefida 33901 Roetzel and Andress 850 Park Shore Drive Trianon Centre, 3rd Floor Naples, FL 34103 DATE REVIEWED BY CCPC 2-16-2012 DATE APPROVED BY BCC jantrai=y 25, � 3-13-2012 ORDINANCE NUMBER 2000 -04 2012-11 AMENDMENTS AND REPEAL 2003 -28 and 2004 -47 AMENDS 2 0 0 3 - 2 8 AND DOCUMENT DATE 2004-47 EXHIBIT "A" February 17, 2012 17A 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 G day of I yI act_, 2012. ATTEST: DWIGHT E. B; ROCK, Clerk A By:'- •� • At 41 , t Clerk Approved as to ©rm and legal- sufficiency: A -7 Steven T. Williams �� Assistant County Attorney 5 �q';z Attachment: Exhibit A — PUD Document 11- CPS - 01110 \51 Tuscany Reserve PUD /PUDA- PL2011 -343 Rev. 2/22/12 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . W. C'J' FRED W. COYLE, ChlUian Page 2 of 2 z 17A 1 February 17, 2012 INDEX PAGE List of Exhibits ii Statement of Compliance iii SECTION I Property Ownership, Legal General Description and Short Title 1 -1 SECTION II Project Development 2 -1 SECTION III Residential Development Areas 3 -1 SECTION IV Golf, Open Space 4 -1 SECTION V Village Center 5 -1 SECTION VI Preserve 6 -1 SECTION VII General Development Commitments 7 -1 1 February 17, 2012 17A �, -J 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 `B" Tuscany Reserve Drive (adjacent to Lake 5) ii February 17, 2012 17A '+ 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. 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 in compliance 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 February 17, 2012 1.1 1.2 17A SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of TUSCANY RESERVE PUD. LEGAL DESCRIPTION Parcel A: North one -half of the Northeast one - quarter of Section 12, Township 48 South, Range 25 East, Collier County, Florida, less: the portion conveyed to Collier County, a political subdivision of the State of Florida, by Warranty Deed recorded June 22, 2002, in the Official Records of Collier County, Florida at O.R. Book 2689, Page 3368. Together with: Parcel B: All of Section 7, Township 48 South, Range 26 East, Collier County, Florida, lying West of the Interstate Highway 75, right -of -way. PARCEL A and PARCEL B: TOGETHER BEING MORE PARTICULARLY DESCRIBED AS: A parcel of land lying in Section 7, Township 48 South, Range 26 East, and in Section 12, Township 48 South, Range 25 East, in Collier County Florida, and being more particularly described as follows: BEGINNING at Northwest Corner 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 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 -1 February 17, 2012 17A (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 PafAh of Developments, LPKE Talis Park Properties, LLC. 1.4 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. 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 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 17A t+ 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 Bivisio 3. c, Adequate ate Publie Faeilities, _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 17A -4 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 Division 3.2 ^r the Collier County LDC, and the platting of the State of Florida. C. The subdivision provisions of Division of the Collier County LDC, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said T,...i 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 Division -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 17A 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 of Seetro 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 9-7 years from date of the approval of this PUD amendment, and thereafter shall be permitted through the County'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 Seetio^ 2.7.3.5. o 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 Sec -tien 2.2.29.2.4., of the Collier County LDC. 0 ^4," 2 -3 February 17, 2012 17A 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 Lind Development Code, Seetion 2.6.9. . 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. 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 2 -4 February 17, 2012 17A 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 (' /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 REQUIREMENTS Seetior 2.6.32 of T4+c- 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 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, which has previously been placed in a conservation easement. Due to right -of -way taking by FDOT for improvements to I -75, the preserve acreage is now 56.0± acres. 2 -5 February 17,2012 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE 17A 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 3.3 and Division ? 2 , r-espeefively, ^� 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 Single family an ° °r ^Variable lot line dwelling units. A variable lot line dwelling unit is a single family dwelling where one-efiwo the side yards may vary between 0 and 10 feet as long as a 10 -foot minimum separation between principal structures is maintained. Single f'.,,....;ly attaehed .,.,a +Townhouse dwelling units. 4. Two - family and duplex dwelling units. 5. Multiple - family dwelling units. -5.-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), not to ° ° °a seven (7) years from the date of approval of the Ar Try 3 -1 February 17, 2012 17q B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guesthouses, pursuant to Seetion 2.6 1 ^ of 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 Gateger-ies -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 of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. E. Villa and zerevariable 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 lot line orientations, may rlet be mixed within the same lap tted 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 Way where there are existing homes or under construction as of the effective date of the 2012 PUD amendment. 3 -2 February 17, 2012 TABLE II 17A TUSCANY RESERVE COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND STANDARDS Single Family Detached Z®reVariable Lot Line for Single Family Two Family and Duplex Single Family Multi - Family Dwellings, excluding Townhouse Villas *8 Ataehed and Townhouse 50' Minimum Lot Area 5,000 SF 41000 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 5'61 15' 0' Lot width 70' or less 5' Lot width greater than 70' 6' Minimum Rear Yard 15' 15' 15' 15' 15' 10' Preserve Minimum Rear Yard * 1 5' 5' one story 0 or 7.5' S' S 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' '/2 Building 10' Principal Structures *7 0 or 15' two Height story 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 Customer Serviees Depa `me Growth Management Division during an application for a building permit. For all patio -_illa or zerevariable lot units, a conceptual exhibit showing typical building configurations, including building setbacks and building separations. shall be submitted to the Gustemer servtses Department Growth Management Division with the application for the first building permit for the platted development tract. The conceptual exhibit may be modified as needed. Verification of ingress /egress for maintenance shall be provided for zerevariable lot line units. All distances are in feet unless otherwise noted. * I - 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 buildings in the Village Center, bBuilding 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 - Sing Dwellings 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 the driveway or motor court, may reduce the front yard requirement to 1 5'46 the- garage. Front entry garages must be a minimum of 20% and a minimum of 23' from a sidewalk. Porches, entry features and roofed coum,ards may be reduced to I0'. *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 - Zero feet (0'' .,,:.,:.. ufn side Wthark On eitheF OF both sidm'The side setback may be variable between zero feet (01 to ten feet (10') as long as a minimum 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 maintained if detached. *8 - In the context here used. the tern "villas" means development that occurs on a platted lot where the lots tend to form a clustered home siting scheme accessed by an irregulaft shaped and/or non- standard private roadway system 3 -3 February 17, 2012 SECTION IV GOLF, OPEN SPACE (GO) 4.1 PURPOSE 17A 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, 2012 17A 3. Retail establishments accessory to the permitted uses in the District such as, but not limited 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. 4.3 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 aQ 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 SECTION V VILLAGE CENTER 5.1 PURPOSE 17A 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 (4- 210) multi famiIj residential dwellings may be constructed in the Village Center. The area in which small scale retail convenience goods offices, personal services or any othe 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 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.AI. 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 17, 2012 17A 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 ( rp o= 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 drycleaners 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-. Group 7991, Physical fitness facilities. 4-.5.Townhouse and multi family dwellings of to emeeea inn wnitsAll 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. 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 12urposes 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 A. Minimum Yard Requirements 17A 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 €erty- 4vefifty feet (45'50') and an actual height of sixty feet (60') above finished grade. 2. Accessory structures: On, --Two (4.2) stef} stories, or a maximum of twenty f- vethirty feet (25'30') 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 B.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 IlTevaihause n & /er ra family dwelling units shall be ., i i it 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 February 17, 2012 MiAlt, 1=-G A deviation from Land Development Code (LDC) Section 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. 5-4 February 17, 2012 SECTION VI PRESERVE DISTRICT 6.1 PURPOSE 17A - 4 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 February 17, 2012 17A 6.4 DEVELOPMENT STANDARDS Setback requirements for all structures shall be in accordance with Sec4ion 3.2.4.4.7.3, 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 2.2.4.4.7.3 of the LDC for lands included in the Preserve District. In addition, non - exclusive conservation easement(s) may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with the provisions of the LDC, said easement(s) shall be provided in accordance with the terms set forth in any applicable permit granted by any agency. The developer, its successor(s) or assigns including the master property owners' association shall be responsible for control and maintenance of lands within the Preserve District. 6 -2 February 17, 2012 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE 17A 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 f Division 2 7 specifications 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 of Seetien 2.7-34 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 February 17, 2012 7.4 7.5 7.6 17A 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION 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 Seetion 2.7.3.6 o 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 c etion 2.7 2 " of the LDC. POLLING PLACES Pursuant to Seetion 2.6. 30 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. SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS/ DEVIATIONS A. Project landscape buffers and perimeter berm if provided shall be in conformance with Seetion 2." ." .' Q of the LDC, except as set forth below. 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 17A 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 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 property 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 hedyze 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 (formerly 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 (formerly 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 6.06.01.0 (formerly Subsection 3.2.8.4.16.5) 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). 23. 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 6.06.01.0 (formerly Subsection 3.2.8.4.16.5) of the LDC. 14. 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 (formerly 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 17A -5-.6. Subseetion 3.2.8.4.16.10 f the LDG tTangents between reverse curves shall not be required. 6:7. Street grades may exceed 9w-four percent (4 %) maximum ef Subseefiefl 3.2.8.4.16.14 f the L Der' provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. -7-.8. Subsection 6.06.01.0 (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 3.2.8.4.10) 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-:10. Formerly Subsection 3.2.8.4.16.8 of the LDCJ: 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. 4 -9.11. Subsection 6.06.05 (fonnerly 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. 44-12. ^ ' - -- e 3.2.8.4.2 of -the rDG: 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 17A 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 17Lards areas in accordance with recognized separated from vehicular traffic ar g 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 c b t 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. 7_6 February 17, 2012 17A �I 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 17A 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 Seetion 3.2.4.4.7.3 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 Division 31 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 4the LDC and SFWMD Rules. 7_8 February 17, 2012 17A 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 Seetion 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: 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. 7 -9 February 17, 2012 17A 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 7.14.13.5. C. Project Entrance Signs: 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 17A 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'•^ ef-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 Division 2. `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 3.5of the LDC are applicable. 7 -11 February 17, 2012 I 10i 1N J I I I I I I I I - TEMPORARY SALES CENTER raltma,"mm� LAKE z " o l� I I I I OR RESIDENTIAL - 118.1 Ac. I I I 1 I � I I GOLF OPEN SPACE - 262.7 1 OP PRESERVE - 59.6 56.0 I I I I i VC VILLAGE CENTER - 21.5 OF FDOT RIGHT -OF -WAY - 4.72 I NOTE: LAND USE AREAS CONCEPTUAL AND SUBJECT TO RELOCATION/ I CHANGE PRIOR TO CONSTRUCTION PERMITTING R LAKE 3 O12' HIGH WALL D'. 1 -75 PERIMETER BERM WITH TWO BOUNDARY MARKER MONUMENTS ------------ --------- r- OF I NOTE: 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. Bonita Springs 239.947.1144 TUSCANY RESERVE PUD Fart Myere 239.690.4360 JOB CODE: © GradyMinor NorchPor 941.426.5858 EXHIBIT A aHrt. w Naples 239.444.2397 p�Tea d NE 3011 Civil Engineers • Land Surveyors • Planners • Landscape Architects PLANNED UNIT DEVELOPMENT MASTER PLAN FILENMIE: CKW OF RUTH. Fm 0005151 CERT. OF RUTH. I,110005151 HUSINF.S I BC 26000266 vu0• ENOMENT EXH19T ♦(1 -2T — .GradyMinor.Com Q. Grady Minor and ..Associates. F.A. SHEET 1 OF 1 a A r A D Z C Z < D mS O D < 5 m Z Z 2 Z m m 0 2 r M z X; Q 50' 34, 50' A 17'r� G:. ENTRY FEATURE W /FIXEDGATES BACKGROUND D : PLANTING TING ROSE GARDEN W1 P07TEDCITRUS •' LOW WALL W/DECORA'IIVE TREES FENCE E NI UNCED STREET PAVING CLIPPED HEDGE PLAN VIEW EXHIBIT "C" TUSCANY RESERVE SCALE: 1" = 20' Estate Entry Elevation JULY 12, 2002 A m a A m 5 Z C O G m 0 D z Z Z < m A ill D Z O Z _> Z �v m m 9 �D m Z < N Ky 0 110 T 3 O � � K O Ammo �m^ pA y n y U) �. Nod 3 0W j CL co I N N O 3 Dl Q w 11' 10' 11' LANDSCAPE AREA N Q o n C UI n Z m -� I;1 PRIVATE — m IRRIGATI ❑N MAIN U1 FORCE MAIN _ A -� m L T V 3 N N � n m y 3 O £ m C, m z L, X 'Q h A P I W 1 _i i m 50' 3 Li 3 14' 2'1 12' 12 2' _ 7' 4' 4' TYPE 'F= CURB JYP.) SANITARY SEWER TUSCANY RESERVE DRIVE (TYPICAL 9' _ 10' LANDSCAPE UTILITY AREA EASEMENT 9.5' il,5 ' LSIDEWALK O�— WATER MAIN NOTE: TYPICAL SECTION WILL VARY ALONG TUSCANY RESERVE DRIVE, INFRONT OF TRACT C, AND VILLAGE CENTER AND ALONG FRONTAGE OF LAKE 5. AT THESE LOCATIONS; THE SIDEWALKS, LANDSCAPING AND UTILITY EASEMENT LOCATION MAY VARY. A U r Y Z C A < rT ZO < 0 5 W m D O Z Z_ < m m n Z r D Z y m Z O z m 9 �3 m I� z wa N m Z "10 yT T T W XO;�g 00 o 4-4 3 50' m e m ANN �_ a m NCO a 3 W J N d 3 W 14' 14' 1 1' 10' N O I N 10' 13' 2' 12' 12 2 0.5' 7' 2.5' UTILITY LANDSCAPE EASEMENT AREA SIDEWALK O ORNAMENTAL GUARDRAIL OR BARRIER WALL CD ° TYPE 'F' 3.5' HIGH MINIMUM CURB a (TYP.) o LAKE 5 0 c cn n D m-< x �j 50' PRIVATE N.T.S. R/W SECTION (TUSCANY RESERVE DRIVE ADJACENT TO LAKE 5) ❑ ° m F, (A m _ o m m < m o U m� 0 0x x I M X = � m m 17A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012 -11 Which was adopted by the Board of County Commissioners on the 13th day of March, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of March, 2012. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of ; County Commissiorier.s'. y - G r, i By: Ann nejhn, Deputy Cleric ,. v