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Ordinance 2009-48 ,\~'A15161;1~ ......'l-... -D~ ... OJ:,.I\ '\Q\ ~ ~t0r'\\'r\\,;'>~ 0) ';', , t,.- "'.) co 'jt ....) I' ,,' N U) ()\... ,..) It) ""'1 <t ".' -^ tJ.. "~ 1:' ~, 1.,0;, l~ Of: 61: \?,t. \.: 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 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 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. !"j '-".,1 , 'J ,;-) . ., ;1 .1'1 r", 11 r-,. J :r.> , , ) 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-lllOO REV. 9/30/09 Page 1 of 2 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-maJonty vote of the Board of County Commissioners of Collier County, Florida, this Jq-#l day of ~btr, 2009. ""' (1;" ~ ATTE\ST~' ,J '. ". . ..... ""it D:~E:~rP;;~\c . t.st~.;,<~:CI'. tl?tillt)i Clerk ,"....tlif.t"bft I . By: BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA / J _ .. 'h?-~ ~~~~ DONNA FIALA, Chairman Approved as to form and ;r:::~ A. UfO Heidi Ashton-Cicko Section Chief, Land Userrransportation 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 FI - Sunset Blvd. Potential Interconnection Detail Exhibit G - Wildlife Habitat Management Plan Exhibit H - Conditions of Approval CPI07-CPS-00596143 HFAC 9/30/09 '" PUDZ-2007-AR-lllOO REV. 9/30/09 Page 2 of2 EXHIBIT A FOR TAORMINA RESERVE MPUD 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. "Rl" 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 pedestrianJbikeways. Group housing to include assisted living facilities (ALF), continuing care retirement community (CCRC), independent living facilities for seniors over age 55. Page I of22 9/29/2009 '---~.. ------..--------. 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: I. 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: I. 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. 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 7311 - Advertising agencies 7312 - Outdoor advertising services 7313 - Radio, television, and publishers' advertising representatives 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 of22 9/29/2009 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 classified 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 offoreign banks 6082 - Foreign trade and intemational banking institutions 6091 - Non-deposit trust facilities 6099 - Functions related to depository banking, not elsewhere classi fi ed Page 4 of22 9/29/2009 II. 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 col1iunction 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 5311 - Department stores 5331 - Variety stores Page 5 of22 9/29/2009 5399 - Miscellaneous general merchandise stores, including warehouse stores and discount retail superstores 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 classified 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 6311 - Life insurance 6321 - Accident and health insurance 6324 - Hospital and medical service plans 6331 - Fire, marine, and casualty insurance 6351 - Surety insurance 6361 - Title insurance 6371 - Pension, health, and welfare funds 6399 - Insurance carriers, not elsewhere classified 24. Insurance agents, brokers, and service (Group 6411) 25. Justice, public order, and safety (Group 9221 (police protection) 26. Legal services (Group 8111) 27. Membership organizations Groups 8611 - Business associations 8621 - Professional membership organizations 8631 - Labor unions and similar labor organizations 8641 - Civic, social, and fraternal associations 8651 - 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 7641 - 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 5941 - 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 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 723 1 - 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 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 I. 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: I. 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 of22 9/29/2009 EXHIBIT B FOR TAORMINA RESERVE MPUD DEVELOPMENT STANDARDS 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 MUL TI- GROUP CLUBHOUSE! 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 oer unit unit per unit oer 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 Y, BH NA 6 feet '2 6 feet '2 MIN REAR YARD 15 feet 15 feet 15 feet 15 feet 15 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 3 stories over narkina 3 stories MAXIMUM ACTUAL 45 feet 55 feet 45 feet R1 45 feet 55 feet 45 feet HEIGHT '6 R2 60 feet NOT TO EXCEED 3 stories 3 stories 3 stories over narkina 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 10 feet 10 feet 10 feet 6 feet '2 6 feet REAR 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet I MIN PUD BOUNDARY 15 feet 15 feet 15 feet 15 feet 15 feet NA SETBACK Page 10 of22 9/29/2009 PRESERVE 10 feet 10 feet 10 feet 10 feet 10 feet 25 feet SETBACK DISTANCE FROM 10 feet 10 feet 10 feet 10 feet 10 feet 20 feet PRINCIPAL STRUCTURE MAXIMUM ZONED SPS. SPS S.PS 25 feet 25 feet 25 feet HEIGHT MAXIMUM ACTUAL SPS 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-loot 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 11 01'22 9/29/2009 TABLE II MIXED USE DEVELOPMENT STANDARDS 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 (Internal)** Front 20 ft. 20 ft. 10 ft. Rear 15 ft. 15 ft. 10 ft. Side 10 ft. 6 ft. 10 ft. Preserve 25 ft. 25 ft. 10 ft. 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 buildings only Actual (inclusive of any under 60 ft. for buildings 55 ft. N/A building parking) including residential 60 ft. for commercial 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 Southem 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 " L ~I , . 'I j jl . --, f------- II i -1 ' i _____._----j ! ", I J 1------ i r-----J1:a i I L.. I . SANTAB AR8ARA BOU.lEVARO f o , ~ s z 2 ~ 3c ~~3 !108e 0". ~g2 .u ~ ~c -" g& "" '.0 ~~' o . u " a:? ~~ N ~;:-I ~u ., 2~ ~~ z' .z .~ ~~ 0' ~~ l~ il i ~i ,~ ~Ul ... I ~S :!j r i _: .. ~ . 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Oil EXHIBIT D FOR TAORMINA RESERVE MPUD 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 PARTlCULARL 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 65423 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 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 DEVIA nONS 1. Deviation 1 seeks relief from LDC Section 6.06.01.J. 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, l.B.9. Page 16 of 22 9/29/2009 EXHIBIT F FOR TAORMINA RESERVE MPUD LIST OF DEVELOPER COMMITMENTS I. Regulations for development of the Taormina Reserve MPUD shaH 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 shaH apply. A. ENVIRONMENTAL 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 shaH be subject to and governed by the foHowing conditions: I. 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 shaH be issued until after the foHowing 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. ii. 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 shaH contribute proportionate fair share monies to CoHier County for the foHowing intersection improvement when signal warrants are met and prior to the instaHation of the signal: i. Signalization of Cope Lane at Santa Barbara Extension. 5. The developer, its successors, or assign shaH 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, shaH provide for the potential interconnection to Sunset Boulevard. The developer shaH be responsible for Page 1701'22 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. a. At or before the approval of the first SDP for the R2 tract, developer shall convey to Collier County a 30 foot public access easement, as conceptually depicted on F-I 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 (1,308 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 eastem 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 PUD boundary. The enhanced Page 18 of 22 9/29/2009 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 19 of22 9/29/2009 llbF~J I: I ~'i' - - T iiL"!.~ I ~~ENTlm~L _.J_.JJ _ _. __ , ',,'.;~~, !r-~--- -" - - . I I RETENTION i?,,~ ""~', i ~ -' -. ~~ ":' II . I #' r-~~, '~~~I II^ r~"~ \~~\ II U " \,,\, ,,\ I. \ \\\\ \~ .' I \ \ \,\,\ '.\\, " . II L, \i '%..~" ":..~: .. II /. ~ q (0 fg II \ iii I '. z III R2 1[1 ~ III l \, I' J / -II / [ III D) ( u\ III ~' \, D) II' zJL-" / /1 II 30' WIDE PUBLIC I "~ ACCESSWAY 1'1, '\ RESERV~1l0N I. . ~/ I Il_~ -~_~_---=-=--~ RETENTION~ , 1---.--.--1(--.--.- I I[ I: len, / :. I I 340' t I ~ i I I~I : I i I~I . tl6RJNA1 RESERVE DEVELOPER TO DESIGN AND I L PERMIT SUNSET BOULEVARD EXTENSION FOR THAT :. PORTION ON AND ADJACENT TO TAORMINA PROPERTY -.l..J LINE, A LENGTH OF APPROXIMATELY 830't. 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 ~TION OF THE PUBLIC ACCESS ROAD WHICH - ;, 'FILO T~D OUTSIDE OF THE PROJECT BOUNDARY. II """"""p ""...,,,.. TAORMINA RESERVE MPUD GradyMlnor :-'::'''1::: ~;::::: Nap'" 231..uum EXHIBIT F-1 I Civil Enelneen . Land Sul'Ye)'QrI . Planne.J"8 . LllndGcape Mchlk'.{'.ls SUNSET BLVD POTENllAL INTERCONNECTlON CDtt.urf,UnLDIIIlIl5ISI L"filn'.ur.'WnLUlOIllISI51 ~u;_ DET AlL :v' . " eN-I' CI / I / ,I , i: i \ j /\ ~ , I) : I I JI r I I I o I L. L_ MU ~ N . = - ~ -:- -f-=-- -:- ~ "? f I o 75' 150' SCALE, l' ~ 150' APPROXIMATELY 200:!: FEET OF ROW SHALL BE CONSTRUCTED AT TIME OF DEVELOPMENT OF THE R2 TRACT I : ';-'~~ --1/ ----=-~T .'r-r" 7 _/ ~ . :t71@;;~ Ij]/rr ,F ~A~Er.J/7 '\ P, rr POTENTIAL VEHICULAR' " ;. > ,\ ";"", r' AND PEDESTRIAN " " '~"r ;~77~'" ". " \ 10' WIDE TYPE "A" BUFFER ,," '-, " ... ... ... ... ..., '. ~--:-.....:. =11.---.= ----:-.....:. EXISTING 30' WIDE PRIVATE EASEMENT 60' WIDE SUNSET BLVD ACCESS EASEMENT Q. Grady Nlnat."" .'*-'dIIa, r.A.. 3800 VIa tld Rc1. IllIlIll. SJll1IIP. FL3~13..f _.Cr.ctJNblor.roao - I...... -- - - -- ~- _H IQDXr 1 or 1 EXHIBIT G FOR TAORMINA RESERVE MPUD WILDLIFE HABITAT 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 burns will take into consideration the ability to obtain local and state authorizations, the ability to create adequate firebreaks at the burn site, and impacts to listed wildlife species. Prescribed buming may only be conducted by a certified prescribed burn 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 2] of22 9/29/2009 EXHIBIT H FOR TAORMINA RESERVE MPUD CONDITIONS OF APPROVAL August 25, 2009 I. 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 All 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 15-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 stormwater 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 stormwater 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 of22 9/29/2009 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 '.'~,. ',:/1.,","" CYl" " . ~ ,..~~ :re:r.e'~<;t,'P9~:?s'k'; i . . UepuEyClerk " , ,. {>' . ,,'( .'.. \,\~ <. ",j ~, ,