The URL can be used to link to this page

CCPC Agenda 01/19/2012 RCCPC MEETING AGENDA JANUARY 19, 2012 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JANUARY 19, 2012, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC 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 CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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 TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA — Note: Item 9B (Wheatley Boat Dock) has been withdrawn and will not be heard 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES December 15, 2011 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDA- PL2011 -47: Sabal Bay MPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 05 -59, the Saba] Bay Mixed Use Planned Unit Development, by amending the PUD Document, Exhibit A, to provide for: changes in development standards including right of way widths and sidewalks; addition of general permitted uses to include outside storage and telecommunication facilities; removal of golf as a permitted use; addition of car wash, post office, docks and electric boats as allowable uses in the recreation /village center tract; increase of preserve by 45 acres; increase in floor area ratio for adult living facility and increase in height; removal of affordable housing and removal of Bald Eagle Management Plan and Gopher Tortoise Relocation Management Plan on property located south of Thomasson Drive, south and west of U. S. 41, north and west of the Wentworth PUD, and east of the Naples Bay intercoastal waterway in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416 +/- acres; and providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] B. ST- PL2011 -677: Collier County Governments' Parks and Recreation and Conservation Collier Departments - A Resolution approving Petition ST- PL2011 -677 requesting a Special Treatment development permit to construct a restroom, maintenance storage building, pavilion, parking, stormwater treatment areas, landscaping, lighting, access drive, trails, boardwalks, shade structures, fishing platform, water quality treatment facility, utility piping, and pedestrian bridge within the Special Treatment Overlay (ST) located with the project known as the Gordon River Greenway Park in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Summer Araque, Sr. Environmental Specialist] 9. ADVERTISED PUBLIC HEARINGS A. 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, The Tuscany Reserve Planned Unit Development (PUD), by providing for amendments to cover page; providing for amendments to Property Ownership and General Description section; providing for amendments to Project Development section; providing for amendments to Residential "R" Development Areas section; providing for amendments to Golf, Open Space (GO) section; providing for amendments to Village Center section; providing for amendments to General Development Commitments section; providing for amendments to Master Plan on property located in Section 12, Township 48 South, Range 25 East, Collier County, Florida consisting of 461.29 acres; and by providing an effective date. No increase in density or number of authorized dwelling units is proposed. [Coordinator: Kay Deselem, AICP, Principal Planner] This item has been withdrawn by the applicant: B. BDE- PL2011 -857: Wheatley Boat Dock — Resolution of the Collier County Planning Commission relating to Petition Number BDE- PL2011 -857 for a 70 -foot boat dock extension over the maximum 20- foot limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 90 feet for the benefit of a portion of Lots 1 and 2, South Naples Shores subdivision on Keewaydin Island in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] 10. OLD BUSINESS 11. NEW BUSINESS A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Sr. Planner] B. Discussion of upcoming Rural Lands Stewardship Area (RLSA) EAR -based GMP amendments. [Coordinator: Mike Bosi, Comprehensive Planning Manager] 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp AGENDA ITEM 9 -A Co 'fer CoH.nty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JANUARY 19, 2012 RE: PUDA- PL2011 -343: TUSCANY RESERVE PUD Applicants: KE Tuscany Reserve Properties, LLC 16990 Livingston Road Naples, FL 34110 Agents: ^ R. Bruce Anderson, Esquire D. Wayne Arnold, AICP Roetzel and Andress Q. Grady Minor & Associates, P.A. 850 Park Shore Drive, Trianon Centre, 3`d Floor 3800 Via Del Rey Naples, FL 34013 Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Tuscany Reserve RPUD (Ordinance Number 03 -28). GEOGRAPHIC LOCATION: The subject property, consisting of 461 + /- acres, is located on the east side of Livingston Road, immediately south of the Lee County line, in Section 12, Township 48 South, Range 25 East, Collier County, Florida (See location map and proposed PUD Master Plan on the following pages.) PURPOSE/DESCRIPTION OF PROJECT: The subject PUD was first approved as the Ronto Livingston PUD by Ordinance 00 -04 on January 25, 2000 to allow a maximum of 1,380 dwelling units at a density of 2.98 DU /A. Ordinance 00 -04 was later repealed on June 23, 2003 by Ordinance No. 03 -28 to change the name of the PUD to Tuscany Reserve and reduce the maximum number of allowed dwelling PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 1 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) LOCATION MAP kN i LEE COUNTY g PROJECT MEO�wA o LOCATION pARKLANDS o n (DIM oa) 12 vEiffinxo 8 9 d URN, QUAIL WEST MEDITERRA - - - - - - -- -- - - - - -- -- ------- - - - - -- VETERM6 MEMOfiIAL BWIEVMD DAPEPoAL SMDALWODD LAKES ROO A PELICAN HILTON MLLS S(dD)D 14 CASTLEWOOD le RDTM rAlll 13 N1FIN AW.OEYY CWREm 17 TERARNA 1fi 15 AT IMPERIAL I/ .ARW A M VRL) MADEIRA 0 OA MCI 22 WITH 23 NMLE6 PIPER BLVD. MEDICAL MEDICAL 07ICE 24 PFllCAN VRAM CMLLraJ (199) WAIL LONDSNORE LAKE 20 ESTATES N �E CWRE55 21 H iN FIDE CYPRESS SW PROF. WELWGHBY (DRI) HEALRh DEVEIOPtlENT PARK CARDFNS IN E w rVE1EMN'S WMMONS RONAIEE ROAD CENTER EBOU Fu = GL\fl.@MIIT �� OIEEN �1111111111►0�� NAPLES LEE 91NiFY TREE CQI1Dl REDENT �a P ❑ _ ROAD (C.R. B4BI LACE RAN 'S CWVAIESCDiT ME PARK qR all P RK Ngi'IHSIDE T� MEDICAL (S) I VNOSTON i LANR 29 � 27� Q 26 STONEBRIDGE 25 51 i ce. 3 MAUBU LAKE GOLDEN DATE ESTATES VMT ST 26 HERITAGE . � .. ARMS GREENS YY�� +a tRFS T LAKE BREE2EWDD0 HAMILTON (Sj Ad 33 ESTA d1FEN5 C O < STANDING U PELICAN PELICAN MARSH MARSH LSTANDWALK D (Oa) 32 (Da) 34 ■■ d n 31 V W WRE GOLDEN GATE ESTATES 33 WAIGREENS MARKER LAKE CAN LAKES UNIT BB VILAS VENETIM PLAZA < (Da) ®■I`mmnnnnirrN4rrr� VANDERBILT BEACH ROAD VANpERBILT BEACH ROAD LEMUR A --It SD TRUST PR aaa MENIEREY GARDEN (DItl) CARDENB S VINEYMOS diRVS EYFAAID � LAI(ES OAROENS OAK (DRI) "ElARDS ®® � oAAx¢ (g) GROVE (DIp) (DR) � 4 SAV��M1 3 2 O y SIENA 1 GmEN GATE 6 Y DD LAKES 5 ESTATES SIEE PY LONVIEEW FIRST UNIT 95 Lu HOLLOW TA BAPTIST CHURCH - .. sunMMN 'W°tlan VFW. -► 88�JF PaNCESS 'PARK PMK P QE PARK i2 7 8 9 10 TT PNE NR MMCNESIER GOLDEN ESTATES VINEYARDS (m) GOLD ATES LAKES SWME NIT UNIT 55 UNIT 32 (DRI) ■ ■■ LOCATION MAP kN i PETITION # PUDA -PL -2011 -343 ZONING MAP 11�� :► VIII = ` �� ..� �1111111111►0�� illlllllh IIIIIIIDO�� _ �� I � Ad �nuuuiuim�opwra ■i� ■ ■■ ■ I ®■I`mmnnnnirrN4rrr� ®® ®■■■ ■■® - .. -► ■0■ j�eni�►�:` �� ■ ■■ _■ VIM n �Ijllllllillllltllllllllllllllli. �I _� �t: .. iii- • 1' =��f� I I"�� , ��I iii y� ►. PETITION # PUDA -PL -2011 -343 ZONING MAP 0 O lr LAKE I 0r IN 0 Z' 1 - -- - TEMPORARY SALES CENTER moll LAKE 2 1 ❑ 1 1 1 OR RESIDENTIAL - 118.1 Ac. I I ii GOLF OPEN SPACE - 262.7 P PRESERVE - 59.0 56.0 I I J I I I VC VILLAGE CENTER - 21.5 OFDOT RIGHT -OF -WAY - 4.72 I I NOTE: I I LAND USE AREAS CONCEPTUAL I I AND SUBJECT TO RELOCATION/ I I CHANGE PRIOR TO CONSTRUCTION PERMITTING RANS MEMORIAL PKWY i i 1 'o- i is ACCESS UMTTED TO RIGHT IN' RIGHT OUT LEFT IN WHEN ROAD IS FOUR IANED 1 ❑ n o � , 1 LAKE 3 12' HIG 'O 11 , J I 1 PPERIERT METER -- __ BERM WITH TWO BOUNDARY MARKER ll MONUMENTS i I I r`- 1 J FULL ACCESS lula,w SZrcingS zas.s4zna4 TUSCANY RESERVE PUD_„r GradyMinor Fort Myers 239.090.4380 ma conz NorN Pin Naplre 941A26.5858 239.4442397 EXHIBIT A rmmmF p„a: Civil Engineers • Land Surveyors • CFAM.. UF.Ur11L FM OM151 G.RI. UFAMM IL 0005151 11mnc.CndyMioor.LOm 9. Grady Planners . Landscape Architects HUSINM I.0 26000265 M,aor aodAsSac,atm PA PLANNED UNIT DEVELOPMENT MASTER PLAN J E =11 ME R� 1 .aE1 W EYMYO A O SBT1T 1 OF 1 le units to 799, at a density of 1.73 dwelling units per acre. The Tuscany Reserve PUD was subsequently amended on July 27, 2004 through Ordinance No. 04 -47 to correct an omission from Ordinance Number 03 -28. The proposed amendment to Ordinance Number 03 -28 seeks approval for the following changes: • a change in the ownership; • a reduction in wetland acreage due to right -of -way taking by Florida Department of Transportation (FDOT) for improvements to I -75; • adding Villas as an allowable principal use in the "R" district and providing a definition of same; • adding development standards to decrease side yard setbacks; • add zoned and actual height limitations for the all uses; • adding personal services, convenience goods, offices or similar non - residential uses to serve the PUD residents; • increase the building height for buildings in the Village Center; • revise the residential use types permitted in the Village Center to include all residential types with a maximum number of units (200) that can be built in that Center; • add a deviation from the requirements for Mixed Use Planned Unit Development standards. These changes are shown in a strike through and underline format on the attached Ordinance. The project is partially developed. The roadways and golf fairways seem complete and there are what appear to be less than 50 dwelling units constructed. Some of those dwelling units have been sold to individuals and some are still owned by the applicant. SURROUNDING LAND USE AND ZONING (Please refer to the Zoning May): North: Vasari Country Club within the limits of the City of Bonita Springs, with a zoning designation of Residential Planned Development (RPD) East: I -75 then Quail West, a largely developed residential golf course community, with a zoning designation of PUD South: Pelican Strand, a largely developed residential golf course community, with a zoning designation of PUD West: Mediterra, a largely developed residential golf course community, with a zoning designation of PUD PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 2 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) Location Map — property depictions are approximate GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Mixed — Use District permits a variety of residential unit types at a base density of 4 DU /A, subject to the Density Rating System; recreation and open space uses; community facility uses; and, commercial uses as part of a mixed use project pursuant to the PUD Neighborhood Village Center Subdistrict (PUD NVC). The subject PUD was first approved as the Ronto Livingston PUD by Ordinance 00 -04 on January 25, 2000 to allow a maximum of 1,380 dwelling units at a density of 2.98 DU /A. Ordinance 00 -04 was later repealed on June 23, 2003 by Ordinance No. 03 -28 to change the name of the PUD to Tuscany Reserve and reduce the maximum number of allowed dwelling units to 799, at a density of 1.73 DU /A. The Tuscany Reserve PUD was subsequently amended on July 27, 2004 through Ordinance No. 04 -47 to clarify (through a scrivener's error ordinance) that an exemption from the requirements for sidewalks on cul -de -sacs had been granted in Ordinance Number 03 -28. Additionally, the Tuscany Reserve is considered a Development of Regional Impact (DRI). The DRI for this development was approved on January 25, 2000 by Resolution 2000 -26, also known as the Ronto Livingston DRI, and included a build -out date of 2007. Senate Bill 1752, effective on May 28, 2010, extended the DRIs build -out date to up to two years, or January 25, 2012. Lastly, an amendment petition has been filed to the County to extend the build -out date of the Ronto Livingston DRI to January 24, 2021. PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 3 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) In regard to the subject PUD amendment petition, the proposed language includes changes to the n adopted development standards contained in Section V of the PUD document, the Village Center District. The purposes of the PUD NVC are stated below in (in italics); each followed by staff analysis (in bold): "... to allow for small -scale retail, offices, and service facilities to serve the daily needs of the residents of a Planned Unit Development (PUD) zoning district... " (PUD NVC purpose met. The amendment proposes to add `personal services, convenience goods, offices or similar non - residential uses designed to serve the daily needs of the residents" as permitted uses. Additionally; the list of permitted uses and structures within Section V of the PUD document corresponds to some of the permitted uses for Village Centers listed under Section 2.03.06.E of the Land Development Code.) "... The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage within the Village Center designated for small scale retail, offices, and service facilities exceed 15 acres... " (PUD NVC purpose met. The proposed text additions to the general description of the Village Center District, specifies that the area intended for non - residential uses is limited to 4.5 acres.) "...These Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD... " (PUD NVC purpose met. The adopted general description of the Village Center District states that the area is intended for recreational facilities, as well other uses.) "... The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD... " (PUD NVC purpose met. The adopted PUD Master Plan depicts no independent access to any roadway external to the PUD.) "...Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. " (The requested deviation would allow commercial uses to be developed concurrent with residential development. Additionally, a small amount of residential units have been constructed. The applicant indicates the desire to construct a clubhouse building that would also contain the allowed commercial uses, as opposed to constructing freestanding commercial buildings within the Village Center. Therefore, in staffs opinion, the requested deviation meets the purpose of the PUD NVC.) "... The Planned Unit Development district of the Land Development Code has been amended to provide standards and principles regulating access, location and integration of the Village Center within the PUD, allowed uses, floor area ratio, and acreage thresholds... " (Comprehensive Planning leaves this determination to the Zoning Services Section's staff as part of the total review of the petition, but notes these regulations were incorporated into the original PUD in 2000 and they still remain.) n PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 4 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) FLUE Policy 2.2, the Public School Facilities Element (PSFE) of the GMP, was adopted subsequent to the adoption of the Tuscany Preserve PUD. The Policy is stated below (in italics); followed by staff analysis (in bold). "The County shall consider the following residential uses exempt from the requirements of school concurrency: "... "C. Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g. single-family to multi family). " (The proposed amendment does not increase the number of dwelling units. Therefore, the proposed PUD amendment is exempt from the requirements of school concurrency.) Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the amendment for consistency with the CCME. Environmental review staff has determined the petition may be found consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County Growth Management Plan as discussed above. The proposed amendment is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP if the conditions recommended by staff are adopted as part of any approval. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 5 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) Environmental Review: Environmental Services staff is recommending approval. Please note that the PUD document does clarify the Preserve acreage being provided has been reduced from 59 to 56 acres due to a right of way taking by FDOT (see PUD pg. 2 -5). The 56 acres being provided continues to exceed the minimum of 44.96 acres required for preserve. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues as well as roadway capacity, and recommends approval subject to the Developer /owner commitments as provided in Section 7.7 of Ordinance Number 03 -28, the existing PUD Ordinance. Zoning Services Review: The Master Plan shows the general use areas proposed by the petitioner. Additionally, right -of -way areas are generally depicted. Due to the size of the project, building orientations and building locations and other details are not shown on the Master Plan. The Master Plan includes the following summary and legend information: {f RESIDENTIAL - 118.1 Ac. GOLF OPIRM SPACE - 262.7 (P � PRESERVE - 59 .9 56.0 VG VILLAOE CENTER - 21.5 F FDOT RIGHT- OF-WAY - 4.72 FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. In this amendment, the petitioner is adding "Villa" to list of uses within the Residential portion of the project and the use "Personal Services, Convenience Goods, Offices or Similar Non - Residential Uses to serve the PUD residents" to the Village Center portion of the project. Staff does not foresee any adverse impacts from these two additional uses. The screening, buffering and setbacks required by the LDC and the PUD document should adequately address any potential incompatibility of the proposed new uses. Zoning Staff is of the opinion that this project will be compatible with the adjacent uses and zoning in the area. PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 6 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) Deviation Discussion: The deviation is listed in PUD Section V — Village Center 5.4.G, with the petitioners' rationale provided to support the deviation provided in the Deviation and Justification document that is included in the application material. Deviations are a normal derivative of the PUD rezoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs .... may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest .... Deviation 1 seeks relief from LDC Sections 4.07.04.B.4.b and 4.07.04.B.8, Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component, a) which permits certain Village Center Commercial uses only after 30% of the dwelling units are constructed, and b) requires 80% of the dwelling units must be located within 1/3 mile of the Village Center. The deviation will allow a) commercial uses in the Village Center area to be developed concurrent with project construction with no percentage limitation; and b) allow 70% ^ of the residential development tract acreage to be located within 1/3 mile of the Village Center area as depicted on the conceptual PUD master plan. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The Village Center area is also the amenity center for the Tuscany Reserve project and will house the Golf Clubhouse and related facilities, including any small -scale retail, office or personal service uses. The deviation will allow the establishment of small -scale commercial uses concurrent with construction of the project amenity area and to be available to serve the residents of the community as the community develops. It is very likely that most, if not all, small -scale commercial uses will be located in the clubhouse facility and it is logical that the developer will want to provide for these services to residents before 30% of the units are complete. This is also a convenient and economical way for residents to have access to these services, most of which are commonly associated with a Golf Course Clubhouse. The location of the Village Center is within 1/3 mile of approximately 70% of the planned residential development tracts. Because the ultimate mix and number of residential dwelling unit types have not been determined, the property owner cannot be assured compliance with the LDC standard of having 80% of the approved units within the 1/3 mile radius. The Village Center area is conveniently located central to the overall Tuscany Reserve project and although some residents may be required to travel slightly more than 1/3 mile to obtain the small -scale commercial or personal services, this is significantly less distance than the 1 mile a resident would have to drive north into the City of Bonita Springs or 3+ miles distance to the nearest Collier County PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 7 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) shopping center in order to obtain commercial or personal services external to the n site. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health safety and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 8 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. � The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. Additionally this petition represents an amendment to an approved PUD; no acreage or intensity or density is being added. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking 1 deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of all deviations. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 9 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the COME. Therefore, staff recommends that this petition be deemed consistent with the GMP subject to staffs conditions of approval. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. n PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 10 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, and further, believes the public interest will be maintained. PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 11 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property is already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM)• The NIM meeting was duly noticed by the applicant and held on October 13, 2011. D. Wayne Arnold, agent for the applicant opened the meeting at 5:40 p.m. In attendance were Bruce Anderson, Erica Rogan and John Asher representing K.E. Tuscany Reserve Properties, LLC and Kay Deselem representing Collier County. At the time the meeting began five people were in n attendance and other people came in five to ten minutes later. A sign-in sheet was provided at PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 12 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) the entrance of the meeting room and eight of the ten attendees signed in. Aerial photographs of the site and surrounding area, and a copy of the conceptual PUD master plan were displayed. Mr. Arnold gave a description of the development that existed today and then continued to explain what was being proposed in the amendment request. Mr. Arnold mentioned that the document would be subject to change as Staff and CCPC provided comments. Mr. Arnold explained the deviation request and changes being requested in the PUD document and offered to provide copies of the PUD document to anyone that would like a copy. Mr. Arnold explained that the total number of dwelling units was not being increased. Mr. Arnold concluded his presentation and asked from comments or questions from the neighbors. Questions asked were regarding the maximum height, if there would be any density changes, would multi - family or single family be located on the south end of the project, what type of buffer was proposed along Veterans Memorial Blvd. Mr. Arnold addressed the question regarding height and explained that the County, because of policy changes, was requiring the petitioner to revise the PUD document to list actual and zoned heights. Mr. Arnold explained that the zoned heights were not changing for buildings in the residential development tracts. The existing height would be listed as the zoned height and the actual height is typically ten feet higher than the zoned height. Building height in the Village Center may be modified due to elevations in the Village Center area. Mr. Asher addressed questions pertaining to the development of the tracts and timing of development. Mr. Arnold invited anyone with further questions to call his office or to contact Ms. Deselem. Copies of the strikethrough and underline version of the PUD document were offered to attendees. The meeting was adjourned at approximately 6:15 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on December 20, 2011. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA- PL2011 -0343 to the BCC with a recommendation of approval subject to the conditions contained in the attached amending ordinance. PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 13 of 14 January 19, 2012 CCPC Revised: 12/20/11 (2) PREPARED BY: 6&&4V . lt 13 /it KAY'DEVELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: //,-� &XI 1--, IZ RA ND V. BELLOWS, ZONING MANAGER DATE DEPAR MENT OF LAND DEVELOPMENT SERVICES 2 ,Zo.2A t% ILLIAM D. L NZ, A., P.E., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: ve-� -1- NI K CASALANGU PUTY ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the March 13, 2012 Board of County Commissioners Meeting PUDA- PL2011 -343: TUSCANY RESERVE PUD Page 14 of 14 January 19, 2012 CCPC Revised: 12/12/11 No. No. 04 -47, 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 & GENE DESCRIPTION SECTION; AMENDMENTS TO PROM EVELOPMENT SECTION; AMENDMENTS TO ENTIAL "R" DEVELOPMENT AREAS SECTI . NDMENTS TO GOLF, OPEN SPACE (GO) SEC MENTS TO VILLAGE CENTER SEC AMENll ` NTS TO GENERAL DEVELOPME OMMITMENT ECTION; ADDING A DEVIATION F t THE REQUIRE - S FOR MIXED USE PLANNE UNIT a DEVEL4 NT STANDARDS; PROVIDING � �' NDMENTS O MASTER PLAN; - ROVIDIN FFECTIVE DA SUBJECT PROPE LOCA . IN SECTION 12, TOWNSHIP 48 SO GE 2 EAST, COLLIER COUNTY, FLORIDA r° , ,TSI OF 4fi1 9 ACRES. NO INCRE Ors ENSI RJR N ER OF4JTHORIZED DWE G iIIIS IS PRCO on J Commissioners approved Ordinance Unit Development (PUD); and on July, 2004;�*,-Board of County Commissioners approved Ordinance PUD; and WHEREAS, 10ftra4y. and Associates, P.A. and Bruce Anderson, Esquire of Roetzel & Andress, L.P. �A.epresenting 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. 1/11/12 Page 1 of 2 SECTION I: AMENDMENTS TO THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 03-28 AND ORDINANCE 04 -47 The PUD Document, Exhibit A of Ordinance No. 03 -28, and Ordinance 04 -47, are hereby amended and replaced with Exhibit A attached to this ordinance amendment. SECTION II: EFFECTIVE DATE. This Ordinance shall become effective upon PASSED AND DULY ADOPTED Commissioners of Collier County, Florida, tl ATTEST: DWIGHT E. BROCK, Clerk LIN Approved and leaaA Steven T. Willi" •p Assistant Coun At+ Attachment: Exhibit 11- CPS - 01110126 Tuscany Reserve PUD/PUDA- PL2011 -343 Rev. 1/11/12 Department of State. Page 2 of 2 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: Panther Developments, LP 2 4 3 01 Walden Center- Drive KE Tuscany Reserve Properties, LLC 16990 Livingston Road Naples, FL 34110 PREPARED BY: Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 and Neale MentgemeFy rawse,u ur {fii Dalton, - u i'rioinR �r cFss r+ oi°'s 1 422 Hendry Streo+ >reFt>`a „or. F „r:d 22901 Roetzel and Andress 850 Park Shore Drive Trianon Centre, 3rd Floor Naples, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC january 25, 2002 ORDINANCE NUMBER 2000 -04 AMENDMENTS AND REPEAL 2003 -28 and 2004 -47 DOCUMENT DATE 6Q403 December 21, 2011 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 n 1 December 21, 2011 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 RO.W. Cross - section EXHIBIT `B" Tuscany Reserve Drive (adjacent to Lake 5) ii December 21, 2011 STATEMENT OF COMPLL ,NCE 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 n 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 GMT, 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. ill December 21, 2011 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 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 December 21, 2011 (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 P er- Deg =elepmen#s, —LPKE Tuscany Reserve 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 n 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 December 21, 2011 SECTION II 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 development approvals have been granted under prior LDC provisions, these �pprovals 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 provisions of Division 3.15, Adequate Public Facilities, 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 December 21, 2011 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 SUMN ARY TABLE I USE Residential LAND USE INTENSITY SUMMARY MAX. D.U.'s 799 ACRES 461± (gross) Open Space @ 30% N/A 138± (Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas) 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A ", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County LDC, and the platting of the State of Florida. C. The provisions of Division 3.3 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division and SDP approval shall be obtained prior to the issuance of a building permit or other development order. D. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be 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 December 21, 2011 n 2.5 W01 2.7 Im 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 improvements regarding dedications maintenance of common facilities. MODEL HOMES / SALES OFFICES provided at the time of infrastructure and the method for providing perpetual Model homes, sales centers and other uses and structures related to the promotion and sale of real estate shall be permitted principal uses throughout the Tuscany Reserve PUD subject to the requirements of Section 2.6.33.45.04.04 of the Collier County LDC. The project's primary sales center, located on the PUD Master Plan, shall be permitted to be utilized for an on -site sales facility for -7 years from date of the approval of this PUD amendment, and thereafter shall be permitted through the County's annual renewal procedures in LDC Section 5.04.04. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5. of the Collier County LDC. COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association or Community Development District (CDD). The Association or CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the Master Association or CDD, the developer will create a property owner association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master, or the property owners' association, or CDD, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Tuscany Reserve PUD. DESIGN GUIDELINES AND STANDARDS Collier County planned unit development districts are intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Section 2.2.20.2.4., of the Collier County LDC. mom': 7 2 -3 December 21, 2011 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Tuscany Reserve PUD except in the Preserve District. General permitted uses are those uses which generally serve the developer and residents of the Tuscany Reserve PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 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 n 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: Setback from back of curb or edge of pavement of any road — Fifteen feet (15'). Guardhouses, gatehouses, fences, walls, columns, decorative n architectural features and access control structures shall have no required 24 December 21. 2011 setback, however such structures shall be located such that they do not cause vehicular stacking into the road right -of -way. 2. Setback from exterior property lines — One half ( %) the height of the structure. 3. Minimum distance between structures which are part of an architecturally unified grouping — Five feet (5'). 4. Minimum distance between unrelated structures — Ten feet (10'). 5. Minimum floor area — None required. 6. Minimum lot or parcel area — None required. 7. Maximum Height — Thirty feet (30') 8. Sidewalks, bike paths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bike path, or cart path. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier �-. County LDC in effect at the time of site development plan approval. 2.10 OPEN SPACES REQUIREMENTS Section 2.6.32 of the Collier County LDC requires that residential PUDs must provide a minimum of 60% open space. At the time of site development plan or plat application, the developer must demonstrate compliance with this requirement. 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 -waging by FDOT for improvements to I -75, the preserve acreage is now 56.0± acres. 2 -5 December 21, 2011 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS n 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 Division 3.3 and Division 3.2, respectively, of the Collier County LDC. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities and other similar uses found in residential areas. 3.4 USES PERMITTED A. Principal Uses: 1. Single - family detached dwelling units. 2• Zero lot line dwelling units. 3 Townhouse dwelling units. 4. Two - family and duplex dwelling units. 5. Multiple - family dwelling units. ,..6. Villas 6J. Temporary sales center, which shall be permitted as shown on the PUD Master Plan, and utilized through project buildout for on -site sales_(pgr Section 2.5 of this PUD), not to emeee lseyei (7) years ft the date F appy-evel of the RUD /,—\ 3 -1 December 21, 2011 B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guesthouses, pursuant to Section 2.6.14 of the Collier County LDC. 3. Common area recreational and utilitarian facilities to serve the PUD. 4. Lakes, golf course, and other open space -uses. 5. Gatehouses, fences, walls and access control as depicted on Exhibit "C ", Typical Estate Entry Feature. 3.5 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R ", Residential District. B. Site development standards for- - Categories -T 5 of Table II apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table II shall be established during the site development plan approval phase as set forth in Division 3.3 of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. E Siaee f .,All patio -villa and zero lot line dwellings are identified separately from single - family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table II. F. Housing structure types including lot orientation for single - family detached dwelling units, such as zero lot line versus non -zero lot line orientations, may Abe mixed within the same development tract.- however, single- family product types and multi - familyproduct types may not be mixed within the same platted development tract 3 -2 December 21, 2011 TABLE H TUSCANY RESERVE COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND Single Family Zero Lot Line Two Family and Single Fa y Multi -Family Villas *8 STANDARDS Detached 40' Duplex Attarshed -an Dwellings, 16' Minimum Lot Depth 100' 100' 100' Townhouse excluding N/A Minimum Front Yard 20' *3 20' *3 20' *3 20' *3 Townhouse 0' Minimum Lot Area 5,000 SF 4,000 SF 3,500 *4 3,500 SF 9,000 SF 2.500 SF Minimum Lot Width *5 50' 40' 35' 20' 90' 16' Minimum Lot Depth 100' 100' 100' 100' 100' N/A Minimum Front Yard 20' *3 20' *3 20' *3 20' *3 20' *3 0' Minimum Side Yard 0 e"- 10' *6 0 or-65' 0 or 5'6- 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' S' one story 0 or 7.5' S' S' 0' 7.5' two story Minimum Rear Yard 10' 10' 10' 10' 10' 10' Accessory *1 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' '/a Building 7' Principal Structures *7 0 or 15' two Height story Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 1 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 Services Department during an application for a building permit For all patie -villa or zero lot units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit The conceptual exhibit may be modified as needed. Verification of ingress/egress for maintenance shall be provided for zero lot line units. All distances are in feet unless otherwise noted. *1— Rear yards for principal and accessory structures on lots and tracts which abut lake, golf course or open space areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design. For preserve areas, all principal structure setbacks shall be 25' and accessory structure set back shall be 10'. Front yards shall be measured as follows: A. If the parcel is served by a public 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 — 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 — Singile family and m*ki-family-dl2wellings which provide for two parking spaces within an enclosed garage and provide for one of the following: 111 guest parking other than in private driveways, or (21 adequate space to allow for two parked vehicles on the driveu-av or motor court may reduce the front yard requirement to 15' for the -garag Front entry garages must be a minimum of 20' Porches entry features and roofed courtyards may be reduced to W. *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 — Zefe feet ("') minimum side set' ' ' ' t sideqSide setback on one side may be variable between zero feet (0') to ten feet (10') as long as a X10 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, if detached *8 — In the context here used the term "villas" means development that occurs on a platted lot where the lots tend to form a clustered home siting scheme accessed by an irregularly shaped and/or non - standard private roadway system The County Manager or his designee may approve substitutions to the design standards in the Collier County Construction Standards Manual in accordance with - Section 10.02.04.A.3 of the LDC Possible design standard substitutions may include reduced rights- of -wav width (30 foot wide) and reduced cul -de -sac radii (25 feet) for cul-de -sacs less than 150 feet in length utilized for non emerama vehicle access. 3 -3 December 21, 2011 A*,"\ SECTION IV GOLF, OPEN SPACE (GO) 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf /Open Space Tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 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 December 21, 2011 3. Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis, and recreational related sales. n. 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 25' 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 thin 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 December 21, 2011 SECTION V VILLAGE CENTER 5.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Tuscany Reserve PUD, designated on the Master Plan as the Village Center District. 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 i3iufti family -residential uses will be developed. The approximate acreage of the Village Center is identified on the Master Plan, Exhibit "A ". A maximum of eRe—two hundred (199200) multi family and�ef teya111e se- residential dwellings may be constructed in the Village Center. The area in which small scale retail convenience goods, offices, personal services or any other small scale retail commercial uses not directly associated with the golf, tennis or community club facilities, shall be limited to a maximum of 4.5 acres, and may be developed concurrent with other development within the Village Center (see deviation in 5.4.G of the PUD 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. 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. 5 -1 December 21, 2011 v. Groups 5611 -5661 Apparel and accessory stores-2,500 sq ft maximum floor area (pro -shops not subject to this size limitation) vi. Group 5812, Eating places, except caterers and industrial and institutional food service establishments dinner theaters drive -in restaurants and restaurants with drive - through facilities vii. Group 5921, Liquor stores. viii. Group 5992. Florists. ix. Grou p 7212 Agents for laundries and d cleaners only. x. Group 7231, Beauty shops exce t beauty schools and cosmetology schools. xi. Group 7299, Depilatory salon. electrolysis massage parlor, shopping service for individuals, and tanning salons only. 3-.xii. Group 7991, Physical fitness facilities. 4,5.T-eva3hotise a mW*: f l , d ]4' ono Reecd1dd unitsAll permitted residential uses identified in Section 3.4 of this PUD Document. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal structures. 2. Indoor and outdoor recreation facilities including, but not limited to, swimming pools, tennis courts, and the like. 3. Gazebos, architectural features, fishing piers, courtyards, golf course shelters. 4. Indoor parking facilities and outdoor parking lots. 5. Golf club cabanas — A maximum of ten (10) golf club cabanas may be constructed within the Clubhouse facility and shall be available for short-term overnight rental for golf club members and guests. 6. For purposes of this PUD "Golf club cabanas" shall be defined as: An attached or detached room or suite which could be used as a temporary sleeping accommodation which is integrated as part of the principal use of the property and may contain running water as long as it does not accommodate a full kitchen and is at a maximum of 1,000 square feet 5.4 DEVELOPMENT REGULATIONS Residential dwellings constructed in the Village Center shall be subject to the development standards identified in Table I1 of this PUD document Other non- residential development shall be subject to the standards outlined below. A. Minimum Yard Requirements 5-2 December 21, 2011 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 f- €ivefifty feet (45�'50') and an actual height of sixty feet (60 ") above finished grade. 2. Accessory structures: One -Two (1-2) stef- ystories, or a maximum of twenty fivethi feet (251M 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 II. dwelling units shall be a nummum tmit 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. lG. 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 5 -3 December 21, 2011 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. n 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. 54 December 21. 2011 SECTION VI PRESERVE DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Tuscany Reserve PUD community designated on the Master Plan as the Preserve District. 6.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable, naturally functioning wetland and upland systems to allow for restoration and enhancement of impacted or degraded wetland systems and to provide an open space amenity for the enjoyment of the Tuscany Reserve PUD residents. 6.3 USES PERMITTED No building or structure, or part thereof, shall be erected altered or used, in whole or in part, for other than the following, all subject to the approval of applicable state, regional or federal permits: A. Principal Uses 1. Parks, passive recreational areas and boardwalks. 2. Biking, hiking, and nature trails. 3. Equestrian paths. 4. Wildlife sanctuary. 5. Pathways and/or bridges, subject to appropriate approvals by permitting agencies. 6. Recreational shelters and restrooms, in Preserve upland areas. 7. Drainage, water management, and utilitarian facilities, subject to all necessary permits. B. Accessory uses and structures such as walls, berms and signage, subject to compliance with the provisions of this PUD. 6 -1 December 21, 2011 6.4 DEVELOPMENT STANDARDS �7 Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County LDC. A. Minimum building setback shall be twenty -five feet (25') for principal structures and zero -feet (0') for accessory structures. B. Maximum height of structures — Twenty -five feet (25'). C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Clearing of preserve areas shall not be permitted if the result yields an amount of remaining acreage below the minimum requirement of 44.96 acres. 6.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non - exclusive conservation easement or tract is required by Section 3.2.8.4.7.3 of the LDC for lands included in the Preserve District. In addition, non - exclusive conservation easement(s) may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with the provisions of the LDC, said n 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 December 21, 2011 SECTION VII GENERAL DEVELOPMENT CONBUTMENTS 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 3.2 of the LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successors or assignees, shall follow the Master Plan and the regulations of the PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee, in title of the developer is bound by the commitments within this Document. 7.3 PUD MASTER PLAN A. Exhibit "A ", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the LDC, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. C. The following shall be considered minor changes and refinements, subject to the limitations of this PUD: 1. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into preserve areas. 3. Reconfiguration of design features. 7 -1 December 21, 2011 4. Internal realignment of rights -of -way other than a relocation of access points to the PUD. n 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 Section 2.7.3.6 of the Collier County LDC. Said report shall be accompanied by an affidavit signed by the owner of the property attesting to the veracity of the Report. C. The project is subject to the sunsetting provisions of Section 2.7.3.4 of the LDC. 7.5 POLLING PLACES Pursuant to Section 2.6.30 of the LDC, provision shall be made for space within a common building for the purpose of accommodating the function of an electoral polling place. n 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 A. Project landscape buffers and perimeter berm if provided shall be in conformance with Section 2.4.4.18 of the LDC, except as set forth below. 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. n 7-2 December 21, 2011 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. B. Sidewalks/bike paths shall be in conformance with Subsection 3.2.8.3.17 of the LDC, except as set forth below. 4- 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 3.2.8.4.16.5 of the LDC except as follows: The primary drive shall be in compliance with Exhibit "D ", Typical Tuscany Reserve R.O.W. Cross Section: 1. Cul -de -sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 2. All other cul -de -sacs are required to have a minimum forty foot (40') right -of -way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 3. All other local streets are required to have a minimum forty foot (40') right -of -way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC. 4. Cul -de -sacs may exceed the one thousand foot (1,000') length maximum of Subsection 3.2.8.4.16.6 of the LDC. 5. Subsection 3.2.8.4.16.10 of the LDC tangents between reverse curves shall not be required. 6. Street grades may exceed the four percent (4 %) maximum of Subsection 3.2.8.4.16.14 of the LDC provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 7 -3 December 21, 2011 7. Subsection 3.2.8.3.19 of the LDC: The standard that street name markers shall be approved by the County Engineer and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. Decorative paver brick patterns of varying color may be utilized to demarcate stop bars and lane striping. 8. Subsection 3.2.8.4.10 of the LDC: The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. 9. Subsection 3.2.8.4.16.8 of the LDC: The minimum back of curb radii for internal roads shall be 30 feet with the exception that both entrance road intersections shall have curb radii of 40 feet. 10. Subsection 3.2.8.4.16.9 of the LDC: The minimum 100 foot tangent standard at intersections may be reduced subject to a certified traffic study based upon design speed, site distance and adequate recovery zone. This requirement shall not be waived at both project access points. 11. Subsection 3.2.8.4.21 of the LDC: The standard for blank utility casings shall be waived. D. Lake excavations adjacent to rights -of -way shall be in compliance with Section 3.5.7.1.1 of the LDC; except that Lake 5, as shown on the Conceptual PUD Master Plan may be constructed such that the control elevation is a minimum of 10 feet from the right -of -way line, as shown in Exhibit "E ", provided that a guardrail or structural wall is constructed in conformance with applicable FDOT guardrail or barrier wall criteria. 7.7 TRANSPORTATION The development of this PUD shall be subject to and governed by the following conditions: A. All traffic control devices used must be in accordance with the traffic control standards, as amended, and as adopted by the Florida Department of Transportation (FDOT), and as required by Florida Statutes — Chapter 316, Uniform Traffic Control Law. B. All traffic speed limit postings must be in accordance with the Speed Zoning Manual, as amended, and as adopted by the Florida Department of Transportation (FDOT), and as required by Florida Statutes — Chapter 316, Uniform Traffic Control Law. n 7-4 December 21, 2011 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 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. 7 -5 December 21, 2011 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 n Developer(s), its successor(s) in title, or assignee(s). M. For the north/south Livingston Road segment fronting the Tuscany Reserve PUD, the developer shall dedicate and convey 50 feet of right -of -way in fee simple title along with a 15 -foot wide easement for utility and/or right -of -way purposes. For the Livingston Road east/west segment, the Developer shall dedicate and convey 150 feet of right -of -way in fee simple title north of the section line of Section 12. This east/west specified right -of -way and utility easement shall be transferred to Collier County prior to the recordation of the Tuscany Reserve Phase II Plat. These dedications shall follow the requirements of Subsection 2.2.20.3.7 of the LDC N. The developer shall pay the cost of revising and supplementing County roadway and utility design plans for Livingston Road to accommodate access, drainage, and utility needs for the project. O. As a condition of approval by Collier County of the permanent access along the north/south Livingston Road alignment, the developer shall obtain a written statement of no objection by the Lee County Transportation Department. P. The developer shall dedicate the area for lake or pond storage for stormwater attenuation and water quality for the ultimate four or six lane condition of the proposed east/west Livingston Road segment fronting the project. Collier County shall determine appropriate compensation to the developer for such provisions as part of an agreement for roadway access construction and right -of -way conveyance. Collier County shall either grant road impact fee credits to the developer or issue direct monetary cash payments for such stormwater management commitments to be determined by the aforesaid Agreement. Q. The developer shall pay its fair share cost of traffic signals required at the project access points. The traffic signals will be designed, installed, owned, operated, and maintained by the Collier County Transportation Operations Department. R. The developer, or its assigns, shall install and perpetually maintain noise mitigation/abatement systems along the north/south and east/west segments of Livingston Road. This requirement is based upon noise studies by the developer together with vehicular traffic forecasts under the two, four and six lane conditions. S. The developer shall design and construct approved roadway access and turn lane facilities for the north/south and the east/west Livingston Road segments for either, or both, two -lane and four -lane conditions. 7.8 UTILITIES The development of this PUD shall be subject to and governed by the following conditions: 7 -6 December 21, 2011 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: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be the sole mitigation method for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with Section 3.2.8.4.7.3 of the LDC. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated into the conservation areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. 7 -7 December 21, 2011 E. The developer shall comply with the guidelines and recommendations of the n Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. F. The developer shall follow the United States Fish and Wildlife Service ( USFWS) Standard Protection Measures for the eastern indigo snake and shall prepare an Eastern Indigo Snake Protection Plan. The Plan shall be approved by the USFWS and shall include: (1) a protection/education plan; (2) a listing of environmental personnel charged with overseeing/coordinating protection measures; and (3) selection of a suitable relocation site prior to the initiation of clearing or construction activities. 7.10 ENGINEERING A. This project shall be required to meet all County ordinances in effect at the time final construction documents are submittal for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of Division 3.2 of the LDC. C. Prior to final site development plan approval a right -of -way permit will be required. 7.11 WATER MANAGEMENT n A. A copy of the South Florida Water Management District ( SFWMD) Surface Water Permit shall be submitted prior to final site development Plan approval. B. An excavation permit will be required for the proposed lake(s) in accordance with Division 3.5 of the LDC and SFWMD Rules. C. The developer shall obtain all necessary state, federal and local water management related approvals prior to final development order approval. D. Water management facilities for the project will be designed and constructed serving the 461± acres of residential lands discharging via the Interstate 75 right - of -way drainage conveyance. According to approved SFWMD 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 Section 2.2.25.8.1 of the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 7-8 December 21, 2011 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. 4. A maximum of six (6) boundary marker monuments /signs shall be permitted, with a maximum of two- boundary marker signs located along Interstate 75. 5. The sign face area of each side of the boundary marker monument/signs shall not exceed 64 square feet in area for those located on Livingston Road and 72 square feet in area for those signs located along Interstate 75. Decorative architectural elements shall be incorporated into the sign structure; however the architectural treatment shall not exceed a height of 15 feet from the base of the sign copy. 6. Each side of a boundary marker monument/signs shall contain individual project, or direction identifications (message areas), as long as the total sign face area does not exceed the maximum area identified in Paragraph 7.14.B.5. C. Project Entrance Signs: 1. Three ground or wall- mounted entrance signs shall be located at each project entrance on Livingston Road including both sides of the entrance right -of -way 7 -9 December 21, 2011 and in the entry median. Such signs shall contain only the name of the subdivision and the insignia or motto of the development. n 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. n 2. Directional or identification signs may be allowed internal to the subdivision. Such signs shall be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs shall be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of 8 feet. 3. Residential and community facilities entrance signage decorative walls and architectural features shall be permitted consistent with Exhibit "C ", "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 2.4 of the LDC in effect at the time of building permit application. 7.16 PROVISION FOR OFF -SITE REMOVAL OF EARTHERN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off -site disposal is also hereby permitted subject to the following conditions: 7 -10 December 21, 2011 A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the LDC whereby off -site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of said Division 3.5 of the LDC are applicable. 7 -11 December 21, 2011 TEMPORARY SALES CENTER Q' R I I I o O I I I 0 I I I Z LAKE 4'o p ca Z O iI I I JL - ----------- ----- - - - - -- -- ---- - -- - -JI I I I I I I fy I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I OR RESIDENTIAL - 118.1 Ac. I I i I GOLF OPEN SPACE - 262.7 OP PRESERVE - 59.0 56.0 I I I I I VC VILLAGE CENTER - 21.5 OFDOT RIGHT -OF -WAY - 4.72 I NOTE: LAND USE AREAS CONCEPTUAL AND SUBJECT TO RELOCATION/ I CHANGE PRIOR TO CONSTRUCTION j I PERMITTING mr6: IPA BLVD �I— ACCESS LimnEi) To RIGHT IN. RIGHT OUT LEFT IN WHEN ROAD IS FOUR IANED --------- - - - - -- ' 3 L i I Op � 12' HIGH WALL i LAKE 4. II � 1 -75 PERIMETER BERM WITH TWO BOUNDARY MARKER J1 c MONUMENTS I - - - = -; --------- - - - - -- will ------------------ - - - - -- FULL ACCESS © Bonita Springs Eo rtbPM Napi e zass4zn +, 2aB2.GradyMinor 241.426.5858 232.4+4s327 TUSCANY RESERVE PUD_ - - y nre s EXHIBIT A • • Ch41 EBgineers Land Surveyors Planers • LandscapeArchitec,s PLANNED UNIT DEVELOPMENT MASTER PLAN " clmI OF': \OIH. h110005151 Ct10'. 0Y Am. IA OW 51 8U51MMIoC 26000M tltl4..G[BdPMfnpC.Cppl Q. Gt3d$Mm. 2ndA6SOCIdreS. F.S. N1F]AMfM FX1®f A STMT 1 OF 1 yA A �ZC 9 0- zz3 2 m ° m 0 y� w0 m ` N y�ow� �m �s y J W N W N W N 'R O N O 3 (A o rn n o 0 °w n I'T J 0 J 0 0 0 £ o � C, c N .Zl 3 a� m c� Z co O N F � a m 0 w 0 m X C _► n co z UI m In co rn T1 < �m m ;] 50' NGVD — 34.00' MAX 16' NGVD INTERSTATE 75 SHLDR 2 � SWALE SWALE O INTERSTATE 75 ® EXISITNG SWALE SOIL RETENTION SYSTEM - EACH SHELF IS APPROXIMATELY 4 112 FT WIDE AND EACH WALL SURFACE IS APPROXIMATELY 4 1/2 FT HIGH. aQ MAINTENANCE BENCH WITH TURF 10.00' 23.00' 10.00'— 12.00' MAINT. MAINT. BENCH BENCH 3 4.50 SHELFI _ _ _ 4.50' STEPPED WALL LANDSCAPE NOTES: 1. MAINTENANCE BENCHES WILL BE PLANTED WITH LOW MAINTENANCE GRASSES, 2.4 1/2 FT WIDE SHELVES WILL BE PLANTED WITH VINES, MEDIUM AND LARGE SHRUB MASSINGS AND OCCASIONAL SMALL MULTITRUNK TREES. 3. THE FACE OF THE VERTICAL ELEMENTS WILL BE PLANTED WITH SELF SPREADING VINE AND /OR CASCADING SHRUBS. 4. SHADE TREES AND VERTICAL TREES SHALL BE PLANTED AT THE TOP OF THE BERM. 5. SEE CONCEPTUAL 1 -75 BERM LANDSCAPE SECTIONS FOR ADDITIONAL DETAIL. 1105E GAIti)P.N lj(*Trrf.D(TTAt, IMS SCALE: 1" = 20' PLAN VIEW All V DIUMDVE EXHIBIT ficif TUSCANY RESERVE Estate Entry Elevation JULY 12, 2002 mA yV A N d C 9 � m CZ z z O m 5� �o �J 8D ;018 �m o � to N � @ N 8 3 w 11' 10' 11' - ANDSCAPE AREA O C In C3 D m -C 3 9 2 _ M PRIVATE) c d a] m IRRIGATION MAIN A q FORCE MAIN J 3 X y ro m x m m N 4 a c) ;J 0 m m ZEA x Vl I� h A P I 0 W 50' 3 W 14' 14' 2' 12' 12' 2' 7' 4' 4' TYPE ' CURB I CTYP) 9' 10' NDSCAPE UTILITY AREA EASEMENT 1. 9,5' jl.b'j L-SIDEWALK SANITARY SEWER WATER MAIN TUSCANY RESERVE DRIVE (TYPICAL 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 W CZ 57� C 0 �gzz m W 0� w° low wN m z N Too yy" 13 a3� w � 50' 3 o cn \ a ~ N 14' 14' 11 10' N 8 I I 10' 1 13' UTILITY LANDSCAPE EASEMENT AREA 2-1 12' 12' 2 0.5 7' 2.5' i SIDEWALK ORNAMENTAL GUARDRAIL v m v OR BARRIER WALL C. TYPE 'F' 3.5' HIGH MINIMUM C. CURB (TYP.) a LAKE 5 n wo n C O D Z mm -< = 50' PRIVATE RNV SECTION (TUSCANY RESERVE DRIVE ADJACENT TO LAKE 5) S E m cu co N.T.S. o v =1 m i m< m 0 o � �Q m m