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