Backup Documents 09/29/2009 Item # 8A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
8A
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
.....................................................................................,...... Ifi*****.
Originating DepV Div: CDES./Zoninl!: Person: John-David Moss, ATCP Date: 8 /~ u
Petition No. (If none, give brief description):PUDZ-2007-AR-IIIOO, Taormina Reserve MPUD .
Petitioner: (Name & Address): Q Grady Minor and Assoc.. D. Wayne Arnold. AICP, 3800 Via Del Rey. Bonita Springs. FL
34134
Name & Address 01 any person(sJ to be notified by Clerk's Office: (If more space is needed. attach separate sheet) Richard D.
Yovanovich. ESQ.. Goodlette, Coleman. & Johnson, P.A., 400 I Tamiami Trail, Suite 300, Naples. FL 34103; Highland Properties
of Lee & Collier, LTD., 2223 Trade Center Way. Naples, FL 34103
Hearing betore BCC
BZA
Other
Requested Hearing date:
September 29,2009
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2007-AR-lll 00, Highland Properties of
Lee and Collier, Ltd.. represented by D. Wayne Arnold. AICP of Q. Grady Minor and Associates. P.A.. and Richard Yovanovich
of Goodlette. Coleman and Johnson, P.A., is requesting a rezone from the Ruml Agricullural (A) zoning district with a Special
Treatment (ST) overlay to the Mixed Use Planned Unit Development (MPUD) Zoning District for a project to be known as the
Taormina Reserve MPUD. to allow construction of a maximum of 528 residential dwelling units and up to 21i2.000 square feet oj
commercial uses on approximately 82.51 acres. The sub/eet property is located in the southeastern quadrant of the Santa
Barbara Boulevard and Davis Boulevard (SR 84) intersection, in Section 9, Township 50 South, Range 26 East. Collier
County, Florida.
Companion petition(s), if any & proposed hearing dale:
Does Petition Fee include advertising cost') Yes No It Yes, what account should be charged tor advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by:
hl, )?~
q /z- ? J<F;
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A, For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorne)' before submitting to County Manager, The Manager's office will
distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file.
******************..**********.************************************..*************.....**...*****.****
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Public hearing: _~()C(__ Date Advertised: ~
~
ORDINANCE NO. 09-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A RURAL AGRICULTURAL (A)
ZONING DISTRICT WITH A SPECIAL TREATMENT (ST)
OVERLAY TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE TAORMINA
RESERVE MPUD, TO ALLOW CONSTRUCTION OF A
MAXIMUM OF 528 RESIDENTIAL DWELLING UNITS
AND UP TO 262,000 SQUARE FEET OF COMMERCIAL
LAND USES ON THE SOUTHEAST CORNER OF THE
DAVIS BOULEVARD (S.R. 84) AND SANTA BARBARA
BOULEVARD INTERSECTION, IN SECTION 9,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 82.51 ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
) 8A
WHEREAS, D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A.. and Richard
Y ovanovich, Esq.. of Coleman. Y ovanovich and Koester, P .A.. representing Highland Properties of
Lee and Collier, Ltd., petitioned the Board of County Commissioners to change the zoning
classification ofthe 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 9.
Township 50 South, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural
(A) Zoning District with a Special Treatment (ST) Overlay to a Mixed Use Planned Unit
Development (MPUD) Zoning District for the 82.51 acre project to be known as the Taonnina
ReselVe MPUD, in accordance with Exhibits A through H attached hereto and incorporated by
reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number
PUDZ-2007-AR-IIIOO
REV. 8/27/09
Page 1 of2
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.
8A
2004-41. as amended, the Collier Counly Land Development Code, is/are hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners ofCoUier County, Florida. this
day of
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
By:
DONNA FIALA, Chairman
. Deputy Clerk
Approved as to form and
legal sufficiency:
Heidi Ashton-Cicko
Section Chief, Land UsefTransportation
Attachments: Exhibit A - List ofPennitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit 0 - Legal Description
Exhibit E - Deviations
Exhibit F - List of Devetopcr Commitments
Exhibit Fl - Sunset Blvd. Potential Interconnection Detail
Exhibit G - Wildlife Habitat Management Plan
Exhibit H - Conditions of Approval
CP\08-CPS.OOS96\24
PUDZ-2007-AR-IIIOO
REV. 8/27/09
Page 2 0[2
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8A '1
Acct. #068779
August 31, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2007-AR-I1100; Taromina Reserve MPUD
Dear Legals:
Please advertise the above referenced notice on Sunday, September 13,2009, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. # 4500096189
'< """__-."'l 1II'._._.._"__.._,_._...,.____...._,_.""_,_,,._......~~w~_,_._."._"_~_"",_
8A
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, September 29, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A)
ZONING DISTRICT WITH A SPECIAL TREATMENT (ST) OVERLAY TO A MIXED
USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE TAORMINA RESERVE MPUD, TO ALLOW
CONSTRUCTION OF A MAXIMUM OF 528 RESIDENTIAL DWELLING UNITS AND
UP TO 262,000 SQUARE FEET OF COMMERCIAL LAND USES ON THE
SOUTHEAST CORNER OF THE DAVIS BOULEVARD (S.R. 84) AND SANTA
BARBARA BOULEVARD INTERSECTION, IN SECTION 9, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 82.51
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
PUDZ-2007-AR-11100, Highland Properties of Lee and Collier, Ltd.,
represented by D. Wayne Arnold, AICP, of Q. Grady Minor and
Associates, P.A., and Richard Yovanovich of Coleman, Yovanovich and
Koester, P.A. is requesting a rezone from the Rural Agricultural (A)
zoning district with a Special Treatment (ST) overlay to the Mixed
Use Planned Unit Development (MPUD) Zoning District for a project to
be known as the Taormina Reserve MPUD, to allow construction of a
maximum of 528 residential dwelling units and up to 262,000 square
feet of commercial uses on approximately 82.51 acres. The subject
property is located in the southeastern quadrant of the Santa Barbara
Boulevard and Davis Boulevard (SR 84) intersection, in Section 9,
Township 50 South, Range 26 East, Collier County, Florida.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
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the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
8A
, .
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
:-'-^'-"'--~""~""-~'-"~'~
August 31, 2009
':eOtelntyN:Of-e'o Hi er
h."."..,"/ ,.",
CLERK OF THE cIRCUIT COURT
COLLIER COUNTY ,COURTHOUSE
3301 TAMIAMI 1;~IL EAST
P.O. BOX 413044 ..
NAPLES, FLORIDA~41 0 1-3044
h >
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Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Q. Grady Minor & Associates
D. Wayne Arnold, AICP
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Petition: PUDZ-2007-AR-III00; Taormina Reserve MPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 29, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, September 13,
2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Web site: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
t"'''''''W'<-'''-"'~-'-'U_'__.''~'\
September 1, 2009
:CC)\:ln fy~-{jfCco IIi er
'f'e/C'" \ ':
CLERK OF THE CIRClJIT COURT
, \
COLLIER COUNTY ,COURTHOUSE
3301 TAMIAMI "tJJ.AIL EAST
P.O. BOX 413044
NAPLES, FLORIDA34101-3Q44
:~\ ;
8A
~<,"f
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Coleman, Yovanovich & Koester, P.A.
Richard D. Y ovanovich
4001 Tamiami Trail
Suite 300
Naples, FL 34103
Re: Petition: PUDZ-2007-AR-I1100; Taormina Reserve MPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 29, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, September 13,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
August 31, 2009
"C'ow.pf)E:ofeQllier
",L",.,;,.-" "
CLERK OF THE ClRCl;IT COURT
COLLIER COUNTY ,tOURTHOUSE
330 I TAMIAMI ~IL EAST
P.O. BOX 413044
NAPLES, FLORIDA 101-3044
, 8A
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Highland Properties of Lee & Collier, Ltd.
2223 Trade Center Way
Naples, FL 34103
Re: Petition: PUDZ-2007-AR-III00; Taormina Reserve MPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, September 29, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, September 13,
2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
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I
8A
Martha S. Vergara
From:
Sent:
To:
Subject:
Ram irezHeather [HeatherRam irez@colliergov.net]
Tuesday, September 01, 2009 10:31 AM
Martha S. Vergara
RE: PUDZ-2007-AR-11100
No, the name changed to Coleman, Y ovanovich, & Koester.
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Tuesday, September 01, 20099:51 AM
To: RamirezHeather
Subject: PUDZ-2007-AR-11100
Hey Heather,
Quick question. In the proposed text to the PUDZ mentioned above.. after Richard D. Yovanovich, Goodlette, Coleman
and Johnson, P.A...... Should it read Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A.?????
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha. verga ra@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Martha S. Vergara
I 8A
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Tuesday, September 01, 2009 11:45 AM
Naples Daily News Legals
PUDZ-2007-AR-11100 - Taormina Reserve MPUD
PUDZ-2007-AR-11100.doc; PUDZ-2007-AR-11100.doc
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. verga ra(iilcollierclerk.com)
1
Martha S. Vergara
8A
From:
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk.com
Tuesday, September 01, 2009 11:45 AM
Martha S. Vergara
Delivery Status Notification (Relay)
ATT103491.txt; PUDZ-2007-AR-11100 - Taormina Reserve MPUD
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
1
Martha S. Vergara
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, September 01, 2009 11 :51 AM
Martha S. Vergara
RE: PUDZ-2007-AR-11100 - Taormina Reserve MPUD
ok
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Tuesday, September 01,2009 11:45 AM
Posted To: Legals - NON
Conversation: PUDZ-2007-AR-11100 - Taormina Reserve MPUD
Subject: PUDZ-2007-AR-11100 - Taormina Reserve MPUD
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. vergara@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
f
8A
Ann P. Jenne~ohn
Subject:
MossJoh ndavid [Johndavid Moss@colliergov.net]
Thursday, August 27, 2009 3:34 PM
Ashton, Heidi; Bellows, Ray; Bonham, Gail; Brock, Mary; Cheri Rollins; Filson, Sue;
IstenesSusan; Klatzkow, Jeff; LeaSandra; Minutes and Records; Puig, Judy; RamirezHeather;
WilliamsSteven; WrightJeff
Taormina Resrve 11100
From:
Sent:
To:
Please be advised this project is moving from the 10/27 Bee to the 9/29 date.
Thanks,
John-David Moss, AICP
Principal Planner/Urban Design Planner
Zoning & Land Development Review
Community Development & Environmental Services
2800 N. Horseshoe Drive, Naples, FL 34104
tel. 239.252.4237
fax 239.252.6968
1
Naples Daily News
Naples, FL 34102
8A
Affidavit of Publication
Naples Daily News
--------------------------------------------------~-------------------------
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REFERENCE: 068779
59588734
P.O. # 4500096189
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, persona
appeared Susan Rogge, who on oath says that
serves as the Vice President of Finance of
Naples Daily News, a daily newspaper publis
Naples, in Collier County, Florida: that
at~ached copy of advertising was published
newspaper on dates listed.
Affiant further says that the said Naples
News is a newspaper published at Naples, In
Collie~ County, Florida, and that ~he said
newspaper has he~etofore been continuously
published in said Collier Coun~y, Florida,
day and has been entered as second class ma
matter at the post office in Naples, in sai
Collier County, Florida, for a pe~iod of 1
next preceding the first publication of the
PUBLISHED ON: 09/13 09/13
~~
NnlR1.t1AA4
AD SPACE: 146 LINE I
F=LED ON: 09/14/09jk I
------------------------ ---~-------------+------------------------
Signature of Affiant /r21?Jf~
Sworn to and Subscribed before me this \'6 ..\-h. day of Se~:AeyY\b.ev- 200q
Personally known by me
,.....",
at ~E~
! \ Notary Public . Stat. of Florida
~~'<. :7~} My Comm. Expires Jul 29.2013
"1::r,Ol'f'~" Commission # DO 912237
I'"''''
'SA
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Oftiee only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
. fth Ch . ,.
exception 0 e lllrman s Sllmature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routina order)
1. Judy Puig CDES Administration (l~ IO}I)D1
2. vv
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County
Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafTfor additional or missing
information. All original documents needing the Bee Chairman's sIgnature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff Jl) ~~S Phone Number t./~6
Contact X
Agenda Date Item was J; tJ Agenda Item Number ~
A roved b the BCC
Type of Document t) r JJ ~ <:.lL- Ijtf Aof'tJ Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a are f ur deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorpor ed i the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
I: Forms/ County Forms/ BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05
MEMORANDUM
Date:
October 14, 2009
To:
J ohn- David Moss, Principal Planner
Zoning and Land Development Review
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2009-48
Enclosed please find one (1) copy of the document as referenced above,
(Agenda Item #8A), which was adopted by the Board of County
Commissioners on Tuesday, September 29, 2009.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
f~"8,A
MEMORANDUM
Date:
October 14,2009
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance: 2009-48
Attached, for your records you will find one (1) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, September 29, 2009.
If you should have any questions, please call me at 252-8411.
Thank you.
Attachments
r1t- 8 A
ORDINANCE NO. 09- 48
8A
;i ,...,
, :.
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A RURAL AGRICUL TURAL (A)
ZONING DISTRICT WITH A SPECIAL TREATMENT (ST)
OVERLAY TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE TAORMINA
RESERVE MPUD, TO ALLOW CONSTRUCTION OF A
MAXIMUM OF 478 RESIDENTIAL DWELLING UNITS
AND UP TO 262,000 SQUARE FEET OF COMMERCIAL
LAND USES ON THE SOUTHEAST CORNER OF THE
DAVIS BOULEVARD (S.R. 84) AND SANTA BARBARA
BOULEV ARD INTERSECTION, IN SECTION 9,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 82.51 ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, D. Wayne Arnold, AICP ofQ. Grady Minor and Associates, P.A., and Richard
Yovanovich, Esq., of Coleman, Yovanovich and Koester, P.A., representing Highland Properties of
Lee and Collier, Ltd., 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 9,
Township 50 South, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural
(A) Zoning District with a Special Treatment (ST) Overlay to a Mixed Use Planned Unit
Development (MPUD) Zoning District for the 82.51 acre project to be known as the Taormina
Reserve MPUD, in accordance with Exhibits A through H attached hereto and incorporated by
reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number
PUDZ-2007-AR-II100
REV. 9/30/09
Page 1 of2
---"-,~,;_:_-..,..,.,'''~.....- ~
8A
2004-41, as amended, the Collier County Land Development Code, is/are hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this aq,*h day of Se.pkmbtr, 2009.
ATTES1\~', .
nwtGHT'E.:~~~K, CLERK
'," '.,\h.'~~nC\~~
y. grtruJ...x
tAst..~i ::t;~,'Cl,.,I?aHt)i Clerk
It....t~."~Ofl' ·
BOARD OF COUNTY COMMISSIONERS
COLLIER CO)1NTY, FLORIDA
1i '
A I ." / ~
'. '#~~. ~d.-4.~
I
DONNA FIALA, Chairman
By:
Approved as to form and
legal sufficiency:
~\(lt' A Cfto
Heidi Ashton-Clcko
Section Chief, Land Use/Transportation
Attachments: Exhibit A - List of Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Deviations
Exhibit F - List of Developer Commitments
Exhibit Fl - Sunset Blvd. Potential Interconnection Detail
Exhibit G - Wildlife Habitat Management Plan
Exhibit H - Conditions of Approval
CP\07-CPS-00596\43 HFAC 9/30/09
PUDZ-2007-AR-IIIOO
REV. 9/30/09
Page 2 of2
EXHIBIT A
FOR
TAORMINA RESERVE MPUD
SA
PERMITTED USES
The 82.51:!:: acre mixed-use project shall not be developed with more than a maximum of 262,000
square feet of commercial/office uses, a maximum of 478 residential dwelling units and assisted
living facilities (ALF), continuing care retirement communities (CCRC) and independent living
units for age 55 plus and senior housing. A maximum of 350 dwelling units are permitted within
the RI and R2 tracts and a maximum of 128 dwelling units are permitted in the MU tract.
For each acre developed for group housing uses (CCRC, ALF, Skilled Nursing or Independent
housing for persons aged 55 and over) the maximum number of conventional dwelling units
authorized in the PUD shall be reduced by seven (7) units per acre, at an F.A.R not to exceed 0.45.
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:
I. RESIDENTIAL TRACT USES:
A. Principal Uses:
1. "R 1 "
a.
b.
c.
d.
e.
f.
2. "'R2"
a.
b.
c.
c.
d.
e.
Single family detached.
Duplex.
Multiple family dwellings.
Townhouse dwellings.
Two family dwellings.
Group housing to include assisted living facilities (ALF), continuing
care retirement community (CCRC), independent living facilities for
seniors over age 55.
Duplex.
Multiple family dwellings
Townhouse dwellings.
Model homes and model home centers including offices for project
administration, construction, sales and marketing.
Recreational facilities such as parks, playgrounds, and
pedestrian/bikeways.
Group housing to include assisted living facilities (ALF), continuing care
retirement community (CCRC), independent living facilities for seniors
over age 55.
Page 1 of 22
9/29/2009
8A
3. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA") by the process outlined in the LDC.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the permitted
principal uses and structures, including, but not limited to: pools, tennis,
spas.
II. MIXED-USE TRACT USES:
A. Principal Uses:
1. Amusement and recreation services
Groups 7911 - Dance studios, schools, and halls
7922 - Theatrical producers (except motion picture) and
miscellaneous theatrical services
7929 - Bands, orchestras, actors, and other entertainers and
entertainment groups
7941 - Professional sports clubs and promoters, excluding
stadiums and! or athletic fields
7991 - Physical fitness facilities
7993 - Coin-operated amusement devices
7997 - Membership sports and recreation clubs
7999 - Amusement and recreation services, not elsewhere
classified, limited to billiard parlors, bingo parlors, day
camps, moped rentals, gymnastics instruction, judo! karate,
yoga instruction, sporting goods rental, and sports
instruction
2. Apparel and accessory stores (no adult oriented sales)
Groups 5611 - Men's and boys' clothing and accessory stores
5621 - Women's clothing stores
5632 - Women's accessory and specialty stores
5641 - Children's and infants' wear stores
5651 - Family clothing stores
5661 - Shoe stores
5699 - Miscellaneous apparel and accessory stores
3. Auto and home supply stores (Group 5531)
4. Automotive repair, services and parking
Groups 7514 - Passenger car rental
7515 - Passenger car leasing
7521 - Automobile parking, excluding any tow-in lots.
7542 - Carwashes, as an accessory to convenience stores only
Page 2 of 22
9/29/2009
5.
8A
Building construction - general contractors and operative builders (restricted to
offices for these users only, with no outdoor storage of materials)
Groups 1521 - General contractors - single-family houses
1522 - General contractors - residential buildings, other than
single-family
1531 - Operative builders
1541 - General contractors - industrial buildings and warehouses
1542 - General contractors - nonresidential buildings, other than
industrial buildings and warehouses
~ ~;
6. Building materials, hardware and garden supply
Groups 5211 - Home improvement superstores (no unroofed or
unenclosed outdoor storage permitted, this prohibition does
not apply to landscape and nursery uses)
5231 - Paint, glass, and wallpaper stores
5251 - Hardware stores
5261 - Retail nurseries, lawn and garden supply stores, including
home improvement superstores
7. Business services
Groups 73] 1 - Advertising agencies
73] 2 - Outdoor advertising services
73] 3 - Radio, television, and publishers' advertising
representati ves
7319 - Advertising, not elsewhere classified
7322 - Adjustment and collection services
7323 - Credit reporting services
7331 - Direct mail advertising services
7334 - Photocopying and duplicating services
7335 - Commercial photography
7336 - Commercial art and graphic design
7338 - Secretarial and court reporting services
7352 - Medical equipment rental and leasing
7359 - Equipment rental and leasing, not elsewhere classified
7361 - Employment agencies
7363 - Help supply services
7371 - Computer programming services
7372 - Prepackaged software
7373 - Computer integrated systems design
7374 - Computer processing and data preparation and processing
serVices
7375 - Information retrieval services
7376 - Computer facilities management services
7377 - Computer rental and leasing
7378 - Computer maintenance and repair
7379 - Computer related services, not elsewhere classified
7384 - Photofinishing laboratories
7389 - Business services, not elsewhere classified
Page 3 of 22
9/29/2009
8A
8. Communications (no stand alone communications towers. Any satellite dishes
must be shielded from view)
Groups 4812 - Radiotelephone communications
4813 - Telephone communications, except radiotelephone
4822 - Telegraph and other message communications
4832 - Radio broadcasting stations
4833 - Television broadcasting stations
4841 - Cable and other pay television services
9. Construction - special trade contractors (restricted to office use only; no on-site
storage of equipment)
Groups 1711 - Plumbing, heating and air-conditioning
1721 Painting and paper hanging
1731 - Electrical work
1741 - Masonry, stone setting, and other stone work
1742 - Plastering, drywall, acoustical, and insulation work
1743 - Terrazzo, tile, marble, and mosaic work
1751 - Carpentry work
1752 - Floor laying and other floor work, not elsewhere classified
1761 - Roofing, siding, and sheet metal work
1771 - Concrete work
1781 - Water well drilling
1791 - Structural steel erection
1793 - Glass and glazing work
1794 - Excavation work
1795 - Wrecking and demolition work
1796 - Installation or erection of building equipment, not
elsewhere classified
1799 - Special trade contractors, not elsewhere classified;
restricted to offices only, with no outdoor storage or
assembly
10. Depository institutions
Groups 6011 - Federal reserve banks
6019 - Central reserve depository institutions, not elsewhere
classi tied
6021 - National commercial banks
6022 - State commercial banks
6029 - Commercial banks, not elsewhere classified
6035 - Savings institutions, federally chartered
6036 - Savings Institutions, not federally chartered
6061 - Credit unions, federally chartered
6062 - Credit unions, not federally chartered
6081 - Branches and agencies of foreign banks
6082 - Foreign trade and international banking institutions
6091 - Non-deposit trust facilities
6099 - Functions related to depository banking, not elsewhere
classified
Page 4 of22
9/29/2009
~, 8 A
11. Dwelling units, multi-family
12. Eating and drinking places
Groups 5812 - Eating places (including indoor and outdoor seating with
amplified music or televisions. Any outdoor amplified
music or televisions must cease no later than 10:00 pm.)
5813- Drinking places (alcoholic beverages; however cocktail
lounges and similar uses shall only be permitted in
conjunction with a restaurant or hotel use, including indoor
and outdoor seating with amplified music or televisions.
Any outdoor amplified music or televisions must cease no
later than 10:00 pm.)
13. Educational services
Groups 8231 - Libraries
8243 - Data processing schools
8244 - Business and secretarial schools
8299 - Schools and educational services, not elsewhere classified
14. Engineering, accounting, research, management, and related services
Groups 8711 - Engineering services
8712 - Architectural services
8713 - Surveying services
8721 - Accounting, auditing, and bookkeeping services
8741 - Management services
8742 - Management consulting services
8743 - Public relations services
8748 - Business consulting services, not elsewhere classified
15. Executive, legislative and general government, except finance
Groups 9111 - Executive offices
9199 - General government, not elsewhere classified
16. Food stores
Groups 5411 - Grocery stores
5421 - Meat and fish (seafood) markets, including freezer
prOVISIOners
5431 - Fruit and vegetable markets
5441 - Candy, nut, and confectionery stores
5451 - Dairy products stores
5461 - Retail bakeries
5499 - Miscellaneous food stores, including convenience stores
with fuel pumps and carwash
17. General merchandise stores
Groups 53] 1 - Department stores
5331 - Variety stores
Page 5 of 22
9/29/2009
5399 - Miscellaneous general merchandise stores, including
warehouse stores and discount retail superstores
BA
18. General warehousing and storage
Group 4225 - Indoor mini storage only
19. Health services
Groups 8011 - Offices and clinics of doctors of medicine
8021 - Offices and clinics of dentists
8031 - Offices and clinics of doctors of osteopathy
8041 - Offices and clinics of chiropractors
8042 - Offices and clinics of optometrists
8043 - Offices and clinics of podiatrists
8049 - Offices and clinics of health practitioners, not elsewhere
classi fied
8071 - Medical laboratories
8072 - Dental laboratories
8082 - Home health care services
8092 - Kidney dialysis centers
8099 - Health and allied services, not elsewhere classified
20. Holding and other investment offices
Groups 6712 - Offices of bank holding companies
6719 - Offices of holding companies, not elsewhere classified
6722 - Management investment offices, open-end
6726 - Unit investment trusts, face-amount certificate offices, and
closed-end management investment offices
6732 - Educational, religious, and charitable trusts
6733 - Trusts, except educational, religious, charitable
6792 - Oil royalty traders
6794 - Patent owners and lessors
6798 - Real estate investment trusts
6799 - Investors, not elsewhere classified
21. Home furniture, furnishings, and equipment stores
Groups 5712 - Furniture stores
5713 - Floor covering stores
5714 - Drapery, curtain, and upholstery stores
5719 - Miscellaneous home furnishings stores
5722 - Household appliance stores
5731 - Radio, television, and consumer electronics stores
5734 - Computer and computer software stores
5735 - Record and prerecorded tape stores, no adult-oriented sales
or rentals
5736 - Musical instrument stores
22. Hotels and motels (Group 7011)
23. Insurance carriers
Page 6 of 22
9/29/2009
Groups 63]] - Life insurance
632] - Accident and health insurance
6324 - Hospital and medical service plans
6331 - Fire, marine, and casualty insurance
6351 - Surety insurance
636] - Title insurance
6371 - Pension, health, and welfare funds
6399 - Insurance carriers, not elsewhere classified
t 8 A
24. Insurance agents, brokers, and service (Group 6411)
25. Justice, public order, and safety (Group 9221 (police protection)
26. Legal services (Group 81] ])
27. Membership organizations
Groups 8611 - Business associations
8621 - Professional membership organizations
8631 - Labor unions and similar labor organizations
8641 - Civic, social, and fraternal associations
865] - Political organizations
8699 - Membership organizations, not elsewhere classified
28. Miscellaneous repair services
Groups 7622 - Radio and television repair shops
7623 - Refrigeration and air-conditioning service and repair shops
7629 - Electrical and electronic repair shops, not elsewhere
classified
7631 - Watch, clock, and jewelry repair
764] - Reupholstery and furniture repair
7692 - Welding repair
7694 - Armature rewinding shops
7699 - Repair shops and related services, not elsewhere classified
29. Miscellaneous retail (no adult oriented sales)
Groups 5912 - Drug stores and proprietary stores
5921 - Liquor stores
5932 - Used merchandise stores
594] - Sporting goods stores and bicycle shops
5942 - Book stores
5943 - Stationery stores
5944 - Jewelry stores
5945 - Hobby, toy, and game shops
5946 - Camera and photographic supply stores
5947 - Gift, novelty, and souvenir shops
5948 - Luggage and leather goods stores
5949 - Sewing, needlework, and piece goods stores
5961 - Catalog and mail-order houses
5992 - Florists
Page 7 of 22
9/29/2009
5993 - Tobacco stores and stands
5994 - News dealers and newsstands
5995 - Optical goods stores
5999 - Miscellaneous retail stores, not elsewhere classified,
excluding grave stones, monuments, tombstones and sales
barns
8A
30. Museums and art galleries (Group 8412)
31. Non-depository credit institutions
Groups 6111 - Federal and federally-sponsored credit agencies
6141 - Personal credit institutions
6153 - Short-term business credit institutions, except agricultural
6159 - Miscellaneous business credit institutions
6162 - Mortgage bankers and loan correspondents
6163 - Loan brokers
32. Personal services
Groups 7212 - Garment pressing, and agents for laundries and drycleaners
7215 - Coin-operated laundries and dry-cleaning
7219 - Laundry and garment services, not elsewhere classified
7221 - Photographic studios, portrait
7231 - Beauty shops
7241 - Barber shops
7251 - Shoe repair shops and shoeshine parlors
7261 - Funeral service and crematories
7291 - Tax return preparation services
7299 - Miscellaneous personal services, not elsewhere classified
33. Public finance, taxation, and monetary policy (Group 9311)
34. Real estate
Groups 6512 - Operators of nonresidential buildings
6513 - Operators of apartment buildings
6514 - Operators of dwellings other than apartment buildings
6515 - Operators of residential mobile home sites
6517 - Lessors of railroad property
6519 - Lessors of real property, not elsewhere classified
6531 - Real estate agents and managers
6541 - Title abstract offices
6552 - Land subdividers and developers, except cemeteries
35. Security and commodity brokers, dealers, exchanges, and services
Groups 6211 - Security brokers, dealers, and flotation companies
6221 - Commodity contracts brokers and dealers
6231 - Security and commodity exchanges
6282 - Investment advice
6289 - Services allied with the exchange of securities or
commodities, not elsewhere classified
Page 8 of 22
9/29/2009
36.
Social services
Groups 8322 - Individual and family social services
8331 - Job training and vocational rehabilitation services
8351 - Child day care services
8399 - Social services, not elsewhere classified
8A
37. Transportation services
Groups 4724 - Travel agencies
4725 - Tour operators
4729 - Arrangement of passenger transportation, not elsewhere
classified
38. United States Postal Service (Group 4311, excluding major distribution centers)
39. Video tape rental (Group 7841), no adult-oriented sales
B. Accessory Uses
1. Accessory uses and structures customarily associated with the permitted
principal uses and structures.
2. Group 7542 - Carwashes, as an accessory to convenience stores only
III. PROHIBITED USES
1. Residential care (Group 8361, including soup kitchens and homeless shelters)
IV. PRESERVE TRACT USES
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:
A. Principal Uses:
1. Any conservation and related activity or use which is comparable in nature
with the foregoing uses and which the Board of Zoning Appeals or designee
determines to be compatible in the Preserve Area.
Page 9 of 22
9/29/2009
EXHIBIT B
FOR
TAORMINA RESERVE MPUD
DEVELOPMENT STANDARDS
8A
Table I below sets forth the development standards for land uses within the MPUD. Standards not specifically
set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in
effect as of the date of approval of the site development plan (SDP) or subdivision plat.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT SINGLE TOWNHOUSE TWO-FAMILY MULTI- GROUP CLUBHOUSEI
STANDARDS FAMILY & DUPLEX FAMILY HOUSING RECREATION
DETACHED BUILDINGS
PRINCIPAL
STRUCTURES
MINIMUM LOT AREA 5,000 sq. ft. 1,400 sq. ft. per 3,500 sq. ft. 9,000 sq. ft. 43,560 sq. ft. NA
per unit unit per unit per unit
MINIMUM LOT 50 feet 16 feet 16 feet 42 feet 150 feet NA
WIDTH *1
MINIMUM FLOOR NA
AREA PER UNIT 1,250 sq. ft. 1,250 sq. ft. 1,250 sq. ft. 1,250 sq. ft. 1,000 sa. ft. *5
MIN FRONT YARD 20 feet 20 feet *4 20 feet *4 20 feet 20 feet NA
MIN SIDE YARD 6 feet o feet and o feet and 6 feet 15 feet or % BH NA
6 feet *2 6 feet *2
MIN REAR YARD 15 feet 1 5 feet 1 5 feet 1 5 feet 1 5 feet NA
MIN PUD BOUNDARY 25 feet 25 feet 25 feet 25 feet 25 feet NA
SETBACK
MIN PRESERVE 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet
SETBACK
MIN. DISTANCE 12 feet 12 feet 12 feet 20 feet 20 feet 20 feet
BETWEEN
STRUCTURES *3
MAXIMUM ZONED 35 feet 45 feet 35 feet R1 35 feet 45 feet 35 feet
HEIGHT *6 R2 50 feet
NOT TO EXCEED 3 stories I
3 stories over parking 3 stories
MAXIMUM ACTUAL 45 feet 55 feet 45 feet R1 45 feet I 55 feet 45 feet
HEIGHT *6 R2 60 feet
NOT TO EXCEED 3 stories 3 stories 3 stories
over parkinQ
ACCESSORY
STRUCTURES
FRONT 20 feet 20 feet *4 20 feet 20 feet *4 20 feet 25 feet
SIDE 6 feet o feet and o feet and 1 0 feet 1 0 feet 1 0 feet
6 feet *2 6 feet
REAR 1 0 feet 10 feet 1 0 feet 10 feet 1 0 feet 15 feet
MIN PUD BOUNDARY 1 5 feet 1 5 feet 1 5 feet 15 feet 15 feet NA
SETBACK
Page 10 of22
9/29/2009
BA
PRESERVE 1 0 feet 1 0 feet 1 0 feet 1 0 feet 1 0 feet 25 feet
SETBACK
DISTANCE FROM 1 0 feet 1 0 feet 1 0 feet 1 0 feet 1 0 feet 20 feet
PRINCIPAL
STRUCTURE
MAXIMUM ZONED S.P.S. S.P.S. S.P.S. 25 feet 25 feet 25 feet
HEIGHT
MAXIMUM ACTUAL S.P.S. S.P.S. S.P.S. 35 feet 35 feet 35 feet
All distances are in feet unless otherwise noted.
*1 - Minimum lot width may be reduced by 20% for cul-de-sac lots or lots on the radius of a curve provided the minimum lot
area requirement is maintained.
*2 - Zero foot minimum side setback on one side of building as long as a minimum 12-foot separation between principal
structures is maintained and all other setbacks are respected.
*3 - Building distance may be reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are
provided. Multi-family principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet.
*4 - Front entry building garages shall be set back a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front
yard may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage.
*5 - 1,000 square feet shall be applicable to ground floor of the building and not individual unit size.
*6 - For the area shaded on Exhibit C, Master Plan, the maximum zoned and actual heights shall be two stories not to
exceed 35 feet above finished grade.
S.P.S.: Same as Principal Structures.
BH: Building Height
Page II of22
9/29/2009
TABLE II
MIXED USE DEVELOPMENT STANDARDS
"~8 A
COMMERCIAL/MIXED MULTI-FAMILY ACCESSORY
USE RESIDENTIAL RESIDENTIAL USES
PRINCIPAL USES PRINCIPAL USES
MINIMUM LOT AREA 10,000 sq. ft. 9,000 sq. ft. N/A
MINIMUMLOT WIDTH 75 ft. 75 ft. N/A
MINIMUM YARDS (External)
From Future Ext. of Santa Barbara 25 ft. 25 ft. SPS
Blvd.
From Davis Boulevard 25 ft. 25 ft. SPS
From Eastern Project Boundary 25 ft. 25 ft. SPS
MINIMUM YARDS (lnternal)**
Front 20 ft. 20 ft. 10 ft.
Rear 15 ft. 15 ft. 10ft.
Side 10ft. 6 ft. 10ft.
Preserve 25 ft. 25 ft. 10ft.
MIN. DISTANCE BETWEEN 20 ft. 20 ft. N/A
STRUCTURES
MAXIMUM HEIGHT
Zoned 50 ft. for buildings 45 ft. N/A
including residential
50 ft. for commercial
I buildings only
,
Actual (inclusive of any under i 60 ft. for buildings 55 ft. N/A
building parking) including residential
60 ft. for commercial I
buildings only
MINIMUM FLOOR AREA 700 sq. ft. * 700 Sq. Ft. * N/A
MAX. GROSS BUILDING AREA 262,000 Sq. Ft. N/A N/A
* Per principal structure, on the finished first floor.
** Building setbacks along the Southern boundary shall be treated as a front yard with 20
foot limitation for principal uses.
S.P.S.: Same as Principal Structures.
Page 12 of22
9/29/2009
SANTA BARBARA BOULEVARD
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EXHIBIT D
FOR
TAORMINA RESERVE MPUD
8,4
LEGAL DESCRIPTION
OFFICIAL RECORDS BOOK 1087, PAGE 841
WEST 1/2 OF NW 1/4 OF NW 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS
RIGHT-OF-WAY, CONTAINING 18.87 ACRES MORE OR LESS, COLLIER COUNTY, FLORIDA.
NW 1/4 OF SW 1/4 OF NW 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONTAINING
10 ACRES MORE OR LESS, COLLIER COUNTY, FLORIDA.
SOUTH 1/2 OF NE 1/4 OF SW 1/4 OF NW 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26
EAST, LESS THE WEST AND SOUTH 30 FEET, CONTAINING 4.34 ACRES MORE OR LESS, COLLIER
COUNTY, FLORIDA.
OFFICIAL RECORDS BOOK 1186, PAGE 2060
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ALSO KNOWN
AS TRACT 45 OF ENCHANTED ACRES.
LESS THE WEST 30 FEET TO USED FOR ROAD RIGHT-OF-WAY PURPOSES.
OFFICIAL RECORDS BOOK 1192, PAGE 1700
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST
30 FEET THEREOF FOR ROAD RIGHT-OF-WAY. ALSO KNOWN AS TRACT 47.
OFFICIAL RECORDS BOOK 1116, PAGE 333
THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 9,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
LESS AND EXCEPT
THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4353 AT PAGE 1085 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING A RIGHT-OF-WAY TAKING FOR PROJECT:
60091-SANTA BARBARA BLVD. EXTN.
MORE PARTICULARL Y DESCRIBED BY METES AND BOUNDS
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBES
AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89051'22" WEST,
ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9, FOR A DISTANCE
OF 1,307.72 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN NORTH 00051'25" WEST, ALONG THE
WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9,
FOR A DISTANCE OF 344.87 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 9; THENCE RUN SOUTH 89044'49" WEST, ALONG THE SOUTH LINE OF THE NORTH HALF
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 9, FOR A DISTANCE OF 654.23 FEET TO THE SOUTHWEST CORNER OF THE
NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
Page 14 of22
9/29/2009
8A
NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN NORTH 00055'16" WEST, ALONG THE
WEST LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 343.63 FEET TO THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN SOUTH 89038'17" WEST, ALONG THE
SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 554.60 FEET TO A POINT ON
THE EAST LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4353 AT PAGE 1085 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTHERLY ALONG SAID
EAST LINE FOR THE FOLLOWING SEVEN (7) COURSES:
1) THENCE RUN NORTH 00059'07" WEST, FOR A DISTANCE OF 792.98 FEET;
2) THENCE RUN SOUTH 89000'53" WEST, FOR A DISTANCE OF 20.00 FEET;
3) THENCE RUN NORTH 00059'07" WEST, FOR A DISTANCE OF 506.24 FEET;
4) THENCE RUN NORTH 11057'26" EAST, FOR A DISTANCE OF 100.77 FEET;
5) THENCE RUN NORTH 00000'53" EAST, FOR A DISTANCE OF 476.24 FEET TO A POINT ON A
CIRCULAR CURVE CONCAVE SOUTHEAST, WHOSE RADIUS POINT BEARS SOUTH 89059'50" EAST,
A DISTANCE OF 97.00 FEET THEREFROM;
6) THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 97.00 FEET, THROUGH A CENTRAL ANGLE OF 90011'21", SUBTENDED BY A CHORD OF
137.40 FEET AT A BEARING OF NORTH 45005'51" EAST, FOR AN ARC LENGTH OF 152.69 FEET TO
THE END OF SAID CURVE;
7) THENCE RUN NORTH 00058'17" WEST, FOR A DISTANCE OF 11.48 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY OF DAVIS BOULEVARD (150 FOOT RIGHT-OF-WAY); THENCE RUN NORTH
89001'43" EAST, ALONG SAID SOUTH RIGHT-OF-WAY, FOR A DISTANCE OF 446.52 FEET TO A
POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN SOUTH 00056'22" EAST, ALONG SAID
EAST LINE, FOR A DISTANCE OF 1,299.05 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH
HALF OF THE NORTHWES QUARTER OF SAID SECTION 9; THENCE RUN NORTH 89025'14" EAST,
ALONG SAID NORTH LINE, FOR A DISTANCE OF 1,966.06 FEET TO THE NORTHEAST CORNER OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE RUN
SOUTH 00043'50" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 1,389.42 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 82.51 ACRES, MORE OR
LESS.
Page 15 of22
9/29/2009
EXHIBIT E
FOR
TAORMINA RESERVE MPUD
~. 8 A
DEVIATIONS
1. Deviation 1 seeks relief from LDC Section 6.06.01.1. Street System Requirements, to allow
that cul-de-sacs in excess of one thousand feet (1,000') in length. Streets with block lengths
of greater than six hundred feet (600') shall have traffic calming devices installed at an
approximate spacing of three hundred feet (300'), also see Exhibit F, 1.8.9.
Page ]6 of22
9/29/2009
EXHIBIT F
FOR
TAORMINA RESERVE MPUD
8A
LIST OF DEVELOPER COMMITMENTS
I. Regulations for development of the Taormina Reserve MPUD shall be in accordance with
the contents of this MPUD Document and applicable sections of the LDC and Growth
Management Plan (GMP) in effect at the time of issuance of any development order to
which said regulations relate. Where this MPUD Ordinance does not provide development
standards, then the provisions of the specific sections of the LDC that are otherwise
applicable shall apply.
A. ENVIRONMENT AL
1. Approximately 59.46 acres of native vegetation exist on-site; therefore, a
minimum of 14.87 acres of preserve is required. The MPUD will provide a
minimum of28.88 acres of preserve as shown on the Master Plan.
B. TRANSPORTATION
The development of this MPUD shall be subject to and governed by the following
conditions:
1. No building permits shall be issued until the Davis Boulevard improvements
set forth in Project 60073, or as superseded, are under construction.
2. No certifications of occupancy shall be issued until after the following
milestones have been met:
1. Substantial completion of Davis Boulevard improvements set forth
in Project 60073, or as superseded, from Radio Road to CR-951.
11. Substantial completion of Santa Barbara extension to the project
entrance.
3. Access to Davis Boulevard is subject to a shared single access point with the
adjacent property owner and FDOT approval.
4. The developer, its successors, or assigns shall contribute proportionate fair
share monies to Collier County for the following intersection improvement
when signal warrants are met and prior to the installation of the signal:
i. Signalization of Cope Lane at Santa Barbara Extension.
5. The developer, its successors, or assign shall construct, or provide payment
in lieu to Collier County for any turn lanes, constructed by the County
during the Santa Barbara Blvd project, serving this project prior to the first
development order approval.
6. The developer, its successors or its assigns, shall provide for the potential
interconnection to Sunset Boulevard. The developer shall be responsible for
Page 17 of 22
9/29/2009
the costs of design, permitting and construction of approximately 830 feet of
limited access roadway of which 200' shall be built concurrent with
development in the MU or R2 tract. The roadway shall be designed as a two
lane roadway with two, 10 - 12 foot wide travel lanes with a 6 foot sidewalk
on only one side of the roadway. This requirement for the construction of
the "additional 630 feet" to Sunset Boulevard shall remain valid for five
years from the date of PUD approval as provided herein. The complete,
permitted roadway design shall be included with the first SDP that
encompasses this portion of the development for inclusion in the County's
files.
8A
a. At or before the approval of the first SOP for the R2 tract, developer
shall convey to Collier County a 30 foot public access easement, as
conceptually depicted on F-l and labeled 30 feet wide public access
way reservation, at no cost to the County, which may include public
utilities if it does not conflict with the paved roadway and sidewalk.
b. The developer shall construct the additional 630 feet of the public
access to Sunset Boulevard if the County obtains the necessary
access rights south of the developer's property to Cope Lane within
five years of the date of PUD Approval. The remaining 630 feet of
the public access to Sunset Boulevard shall be constructed by the
developer concurrent with the development of the MU or R2 tract.
c. The developer shall maintain the 30 foot public access easement
until Collier County accepts maintenance responsibility.
7. Prior to the approval of each individual SDP or Plat, the Developer, its
successor, or assign shall make their proportionate payment for compliance
with policy 5.8 of the Transportation Element of the Growth Management
Plan.
8. Any combination of allowed uses stated in Exhibit A of this PUD shall not
be allowed to exceed the maximum square footage or units listed for each
category of use. The trip generation stated in the Traffic Impact Study (TIS)
used for the approval of this zoning action shall be construed as a maximum
trip generation (l,308 total PM peak hour trips; or 910 adjusted, PM peak
hour net new external trips) for any combination of the allowed uses.
9. The developer, or successors and assigns, shall provide a stabilized
emergency turn-around, meeting local fire prevention code criteria,
approximately midway along the cul-de-sac of the primary internal roadway.
C. LANDSCAPE
1. An enhanced IS-foot wide type B landscape buffer shall be provided along
the eastern property boundary adjacent to Naples Heritage PUD a distance
of approximately 550 feet south from the northern Taormina Reserve
MPUD boundary and adjacent to the Cook PUO boundary. The enhanced
Page 18 of22
9/29/2009
8A
buffer shall contain native canopy tree species such as Live Oak or Pine that
will be a minimum 14 feet in height at the time of planting and planted 20
feet on center. Cabbage Palms, with a minimum height of 16 feet at the
time of planting shall be planted in clusters of at least 3 trees planted on 20
feet centers between the row of canopy trees. A shrub row of native plants
such as Buttonwood shall also be planted within the buffer. The shrubs
shall be a minimum of 5 feet tall at the time of planting and shall be spaced
on 4-foot centers. This buffer shall be installed concurrent with clearing and
filling of the site in the area adjacent to the eastern property boundary. A
minimum 6-foot high chain link fence shall be installed within or adjacent to
the enhanced buffer, in the event that the existing chain link fence located
near the eastern property line can not be retained or is not fully located on
the Taormina property.
Page] 9 of22
9/29/2009
IlU-~~-~~~J : I f
. ~'. ~.~~:~NTIO."~\L -~ ~~j~~ .-=-_' _ _~ .=- ~ ~ =1'-:-_ ~.:...-.
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<) ACCESSWAY
i I! ~ RESERV~~ON
I : l I i 340' Z I ~ :
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< lllRMtA' RESERVE DEVELOPER TO DESIGN AND : l .. = - c-....:. =-'1.-,-_. = - --c....:.
PERMIT SUNSET BOULEVARD EXTENSION FOR THAT :1.
PORTION ON AND ADJACENT TO TAORMINA PROPERTY ~
LINE, A LENGTH OF APPROXIMATELY 830':!:. THE
DEVELOPER WILL CONSTRUCT THE ROAD IF DIRECTED
BY THE COUNTY WITHIN 5 YEARS OF THE APPROVAL
OF THE PUD. THE DEVELOPER IS NOT RESPONSIBLE
~ 10~ MI;J ~TION OF THE PUBLIC ACCESS ROAD WHICH
I /F\ LO. T~D OUTSIDE OF THE PROJECT BOUNDARY.
b E' IloolllISprlnp :1311.&41.1144 TAORMINA RESERVE MPUD
. GradyMinor ~~~ ;~~:::=
. N;lplcl 239.444.2397 EXHIBIT F-1
I CIvil EnGineers . Land Surveyors . PllInnel'8 . Landscape Art'hlU".{'.t.!l SUNSET 8L VI) POTENTIAL INTERCONNECTION
.., CEItT.Uf'M1IlLDooo:5151 L'EIT.Uf.\UI1lLllDOtl3t51 8lGIrfC'QiLC~
Q.Grad).M_.nd.'"-".... P.A."~Yla Dd Roy.llulln. Sprlnl:'" FLJ41:H DETAIL
, lI"I\....CradyMloor.rom
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MU
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o 75' 150'
SCAlEI 11 = 150'
...~~ROXIMATELY 2DOZFEET OF
ROW SHALL BE CONSTRUCTED
AT TIME OF DEVELOPMENT OF
!l _______.__~::.: '_ THE R2 TRACT . .___.
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.\ ..':, r" AND PEDESTRIAN ,. ,I
. ;:-.... ",- / It!TERCONNECT .J,I
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EXISTING 30' WIDE
PRIVATE EASEMENT
60' WIDE
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ACCESS EASEMENT
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apnr 1 of 1
8A
EXHIBIT G
FOR
TAORMINA RESERVE MPUD
WILDLIFE HABIT A T MANAGEMENT PLAN
RED-COCKADED WOODPECKER MANAGEMENT PLAN
For the sake of red-cockaded woodpeckers ("RCW"), precautionary measures will be undertaken
when construction involves clearing pine habitat.
Prior to clearing pine habitat, a qualified biologist will review the impact areas for the presence of
RCW cavity trees. The inspection area will include an area 100 feet from clearing limits.
Construction will be allowed to commence when the biologist has completed the site review and
determined that no RCW cavity trees will be harmed or destroyed as a result of the intended
activity. Should the biologist observe an RCW cavity tree within areas to be cleared, or within 100
feet of clearing limits, contractors and workers will be instructed to stop construction activities that
are within 100 feet of the cavity tree. The biologist will also be responsible for notifying the
USFWS of the situation and asking for guidance.
Prescribed burning is an available management technique that may be permitted, as applicable,
within the upland and wetland preservation areas. The feasibility of conducting prescribed bums
will take into consideration the ability to obtain local and state authorizations, the ability to create
adequate firebreaks at the bum site, and impacts to listed wildlife species.
Prescribed burning may only be conducted by a certified prescribed bum manager and in
accordance with the applicable rules and regulations of the Division of Forestry. The use of
prescribed burning may necessitate the creation of adequate firebreaks resulting in removal of
native vegetation within the preserve areas. The removal of native vegetation in the preserve areas
for the purpose of creating fire breaks will be pre-approved by County Environmental Services
staff.
Page 21 of22
9/29/2009
EXHIBIT H
FOR
TAORMINA RESERVE MPUD
8<A
CONDITIONS OF APPROVAL
August 25, 2009
1. No outdoor music or other amplified sounds shall be permitted within 500-feet of the of the
southern boundary of the MU tract.
2. Mixed-use buildings in the MU tract depicted on the Master Plan shall only contain the uses
from Exhibit A.I1 that would normally be permitted by right or as a conditional use in the C-I
through C-3 zoning districts.
3. Any freestanding building of solely multifamily units that is located adjacent to a commercial use
normally permitted by the LDC in the C-4 through C-5 zoning districts shall provide a minimum
IS-foot Type B buffer and the LDC-required fence or wall.
4. No home improvement superstore, warehouse superstore or discount retail superstore shall be
allowed on any parcel occupied by multifamily residential uses. Should any such superstore
develop, no multifamily residential uses shall be developed above it. Additionally, no residential
uses shall be permitted adjacent to it unless it is buffered by a Type B buffer and a wall as
described above.
5. An updated red-cockaded woodpecker survey shall be submitted at the first development order if
required by the Florida Fish and Wildlife Conservation Commission (FWCC) or the U.S. Fish
and Wildlife Service (USFWS).
6. Florida black bear and Big Cypress fox squirrel management plans shall be provided as part of
the next development order.
7. At the time of the next development order, a hydroperiod analysis (or whatever LDC requirement
that may be in effect for the evaluation of storm water discharge into upland preserves) shall be
provided for the project site.
8. A preserve management plan shall be required as part of the next development order and shall
include provisions for annual monitoring to determine the potential impacts of storm water on the
preserve area's vegetation. Preserve vegetation adversely impacted by stormwater shall be
replaced by the property owner with other vegetation that is suitable for the conditions.
Page 22 of 22
9/29/2009
8A
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 2009-48
Which was adopted by the Board of County Commissioners
on the 29th day of September, 2009, 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, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By:
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