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Pezzettino Di Cielo RPUD Last Revised 08/16/2017

PEZZETTINO DI CIELO RPUD

A

RESIDENTIAL PLANNED UNIT DEVELOPMENT

REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE PEZZETTINO DI CIELO RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO

PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE

PREPARED FOR:

Distinctive Residential Development at Livingston, LLC Mr. Steve Fiterman

1845 Trade Center Way Naples, FL 34109

PREPARED BY:

Richard VD. Yovanovich, Esq.

Goodlette, Coleman, Yovanovich and JohnsonKoester, P.A. 4001 North Tamiami Trail, Suite 300

Naples, FL 34103

Q. Grady Minor and Associates, P.A. 3800 Via Del Rey

Bonita Springs, FL 34134 239-947-1144

Exhibit A

DATE REVIEWD BY CCPC December 6, 2007 DATE APPROVED BY BCC January 29, 2008

ORDINANCE NUMBER 2008-06 AMENDMENTS AND REPEAL 2004-41

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Pezzettino Di Cielo RPUD 2 Last Revised 08/16/2017

TABLE OF CONTENTS PAGE SECTION I PROPERTY OWNERSHIP & DESCRIPTION 3 SECTION II RESIDENTIAL AREAS PLAN 5 SECTION III CONSERVATION / PRESERVE AREA 7 SECTION IV DEVELOPMENT COMMITMENTS 8 SECTION V DEVIATIONS FROM THE LDC 110 LIST OF TABLES AND EXHIBITS TABLE I DEVELOPMENT STANDARDS 6 EXHIBIT A RPUD MASTER PLAN EXHIBIT B TYPICAL SECTION (40’ RIGHT-OF-WAY)

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Pezzettino Di Cielo RPUD 3 Last Revised 08/16/2017

SECTION I

PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the

property, and to describe the existing conditions of the property proposed to be developed under the project name of the Pezzettino Di Cielo RPUD.

1.2 LEGAL DESCRIPTION The subject property being +/-17.52 acres is described as:

Tax Parcel 22 located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, described as:

The West 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 12, Township 48 South, Range 25 East, LESS AND EXCEPT:

A perpetual easement to Collier County, Florida for roads, utilities and drainage easement over and across the West 50 feet thereof.

AND Tax Parcel 9.1 more particularly described as:

Beginning at the Southwest corner of the SW ¼ of the SW ¼ of the NE ¼ of Section 12 Township, 48 South, Range 25 East, thence North 660 feet to a point; thence East 162 feet to the POINT OF BEGINNING; thence continue East 132 feet to a point; thence South 330 feet; thence West 132 feet; thence North 330 feet to the POINT OF BEGINNING; Subject to a road Right-of-Way over and across the North 30 feet thereof.

AND

The East ½ of the East ½ of the SW ¼ of the SW ¼ of the NE ¼, less and except the North 30 feet thereof, and

The West ½ of the East ½ of the SE ¼ of the SW ¼ of the NE ¼, and The West ½ of the East ½ of the SW ¼ of the SW ¼ of the NE ¼, and The West ½ of the SE ¼ of the SW ¼ of the NE ¼. AND PARCEL ONE as described in O.R. Book 3103, Pg 2950

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Pezzettino Di Cielo RPUD 4 Last Revised 08/16/2017

The South thirty feet of the North ½ of the SW ¼ of the NE ¼ of Section 12, Township 48 S, Range 25 E, Collier County, Florida, LESS AND EXCEPT the East ½ of the East ½ of the East ½ of the North ½ of the SW ¼ of the NE ¼ of Section 12, Township 48 South, Range 25 East. All Located in Section 12, Township 48 South, Range 25 East, Collier County, Florida.

1.3 PROPERTY OWNERSHIP The subject property is under the ownership of:

Distinctive Residential Development at Livingston, LLC (Parcel Numbers 00147240008 and 00147840000) and Long Bay Partners, LLC (Parcel Number 00146680009). Distinctive Residential Development at Livingston, LLC has a contract to purchase the balance of the property not under their ownership from Long Bay Partners, LLC. The lands together make up the ± 17.52 acres covered by this RPUD

1.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND

USES

A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan.

LAND USE TYPE Single-family, zero lot line 43 Dwelling Units WATER MANAGEMENT +/- 2.2087 acres PRESERVE AREA +/- 0.82 acres ROADS/ROW +/- 1.9966 acres DEVELOPMENT TRACTS +/- 12.519 acres

BUFFERS / OPEN SPACE +/- 3.17 acres TOTAL: +/-17.52 acres

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Pezzettino Di Cielo RPUD 5 Last Revised 08/16/2017

SECTION II

RESIDENTIAL AREAS PLAN

2.1 MAXIMUM DWELLING UNITS

The maximum number of dwelling units allowed within the RPUD shall be 43.

2.2 USES PERMITTED

No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following:

A. Principal Uses:

(1) Single family detached dwellings.

(2) Zero lot line detached dwellings.

B. Accessory Uses:

(1) Customary accessory uses and structures, including private garages,

outdoor kitchen facilities, privacy walls (6’ height) pavilions, fountains, trellises, and other landscape features.

(2) Common recreation amenities. Such uses shall be visually and

functionally compatible with the adjacent residences which have the use of such facilities.

(3) Essential services, water management facilities and other similar

facilities designed to serve the infrastructure needs of the RPUD.

2.3 DEVELOPMENT STANDARDS

Table I sets forth the development standards for land uses within the “R” Residential District. General:

(1) All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided.

(2) In no case shall the minimum setback be less than the required

landscape buffer width.

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Pezzettino Di Cielo RPUD 6 Last Revised 08/16/2017

TABLE I – DEVELOPMENT STANDARDS

“R” Residential Areas

Requirements Single Family Zero Lot Line

Minimum lot area 5,000 square feet 5,000 square feet

Minimum lot width 50 feet1 50 feet¹

Minimum floor area 1,600 square feet 1,600 square feet

Minimum principal structure setbacks

Front yard8 20 feet2 20 feet2

Front yard for side entry garage8 10 feet 10 feet

Side yard 6 feet 0 and 10, or 5 feet3

Rear yard 10 feet 10 feet

Waterfront 20/0 feet5 20 feet5

Preserve boundary 25 feet 25 feet

Minimum accessory structure setbacks

Front yard8 SPS6 SPS6

Side yard SPS6, 5 0 feet SPS4, 6

Rear yard 5/0 feet 0 5 feet7

Waterfront 20/0 feet5 20 feet5

Preserve boundary 10 feet 10 feet

Minimum distance between principal structures 12 feet 10 feet

Maximum height (zoned) 35 feet 35 feet

1 Minimum lot width for cul-de-sac lots may be reduced by 20% provided the minimum lot area is maintained. 2 The distance from the back of the sidewalk to the face of the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without encroaching into the sidewalk. Should the garage be side-loaded, plans must ensure that parked vehicles will not interfere with pedestrian traffic. 3 Where a zero foot yard option is utilized, the opposite side of the structure shall have a 10 foot yard. Otherwise, a minimum 5 foot side yard shall be provided on each side. 4 Patios, pools, 6 foot privacy walls, fountains, trellises, landscape features, screen enclosures and the like may encroach into the 10 foot yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. In no case shall these elements encroach into the lake maintenance easement. 5 Measured from control elevation. No setback shall be required from a Lake Maintenance Tract. 6 SPS = Same as Principal Structure. 7 Accessory structures shall not be placed within lake maintenance easements or required landscape buffers. 8 A 7.5-foot setback shall be required from the 30’ wide ingress/egress easement (Hardesty Road) extending along the northern property line of the PUD.

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Pezzettino Di Cielo RPUD 7 Last Revised 08/16/2017

SECTION III

PRESERVE AREA

3.1 PERMITTED USES

The RPUD Master Plan provides for .82 acres of preserve area which meets the 15% native vegetation preservation requirement. Minor adjustments may be made to the boundaries of preserve areas based on permitting considerations in accordance with the Land Development Code (LDC) and Growth Management Plan (GMP). No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following and subject to permitting:

A. Principal Uses and Structures 1. Passive recreational uses such as pervious nature trails or boardwalks within

the preserve areas, subject to LDC requirements. Fences may be utilized outside of the preserves to provide protection to the preserves in accordance with the LDC.

2. Water management detention and structures, excluding a perimeter berm.

a. Native vegetation retention area(s) used for water management purposes

shall meet the following criteria:

(1) There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existing vegetation.

(2) If the project requires permitting by the South Florida Water

Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter or other document, then the native vegetation retention area shall not be used for water management purposes.

3. Native preserves.

4. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) through the process outlined in the LDC.

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Pezzettino Di Cielo RPUD 8 Last Revised 08/16/2017

SECTION IV

DEVELOPMENT COMMITMENTS

4.1 PURPOSE

The purpose of this Section is to set forth the development commitments for the development of the project.

4.2 TRANSPORTATION

A. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee.

B. The developer shall provide payment in lieu of the installation of sidewalks on

one side of the road per the requested deviation in Section 5.1 of this RPUD in accordance with Section 6.06.02 of the LDC. The amount shall be determined by utilizing FDOT’s 2004 Transportation Costs as amended. Payment in lieu of providing the sidewalk shall be required prior to approval of plats and plans for the first phase of the project.

C. A temporary turn lane shall be provided for the project prior to

commencement of on-site construction, and the permanent turn lane improvements must be complete prior to the issuance of the first certificate of occupancy (CO).

D. All traffic control devices, signs, pavement marking, and design criteria shall

be in accordance with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with, and as required by the Collier County’s LDC, as amended.

E. Arterial-level street lighting shall be provided at all access points. Access

lighting shall be in place prior to the issuance of the first CO.

F. Access points shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plans, final plat submissions, or by an approved Developer Contribution Agreement (DCA). All such access points shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved.

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Pezzettino Di Cielo RPUD 9 Last Revised 08/16/2017

G. Site related improvements (as opposed to system related improvements)

necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on-site construction.

H. All proposed median opening locations shall be in accordance with the Collier

County Access Management Policy (Res. No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity.

I. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to

adjacent developments shall be operated and maintained by an entity created by the developer in accordance with the applicable regulations of the State of Florida. Collier County shall have no responsibility for maintenance of any such facilities.

J. If any required turn lane improvement requires the use of any existing County

rights-of-way or easement(s), then compensating right-of-way shall be provided at no cost to Collier County as a consequence of such improvement(s).

K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control

device, sign, or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of appropriate corresponding CO.

4.3 ENVIRONMENTAL

A. Soil testing for contaminants including chlorinated hydrocarbons,

organophosphates and total petroleum hydrocarbons must be performed prior to final residential development order approval.

4.4 WATER MANAGEMENT

A. The storm water shall not be discharged into the preserve area until it has been fully treated in accordance with Collier County and Water Management District standards.

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Pezzettino Di Cielo RPUD 10 Last Revised 08/16/2017

4.5 AFFORDABLE HOUSING

A. The developer shall contribute $1,000 to the Collier County Affordable Housing Trust Fund for each residential dwelling unit constructed within the project. This sum shall be paid prior to the issuance of the CO for the residential unit. The $1,000 contribution for each residential unit shall be a credit against any affordable housing fees that may be adopted by the County which may be applicable to this project.

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Pezzettino Di Cielo RPUD 1110 Last Revised 08/16/2017

SECTION V

DEVIATIONS FROM THE LDC

5.1 DEVIATIONS FROM LDC

A. Right-of-Way Width:

The developer requests a reduction in the width of a local roadway right-of-way from sixty feet (60’) as shown in Appendix B of the LDC to forty feet (40’) as shown in attached Exhibit AB.

B. The developer requests a deviation from Appendix B of the LDC, which

requires a 5 foot wide sidewalk to be located on both sides of a local street to permit a 5 foot wide sidewalk to be located on one side of the local street.

C. The developer requests a deviation from Section 22-112 of the Collier County

Code of Laws and Ordinances to permit development excavations to be a minimum of 20 feet from a property line with protective barriers.

D. The developer requests a deviation from Section 6.06.01 of the LDC, to permit

the cul-de-sac to exceed 1,000 feet in length as shown on the Master Plan. A vehicle turnaround meeting local fire district standards shall be provided.

D. The developer requests a deviation from LDC Section 4.06.02 Table 2.4, Table

of Buffer Requirements by Land Use Classifications, which requires a Type ‘A’ Landscape Buffer, to allow for no landscape buffer on-site but to provide the required buffer within a joint landscape buffer easement (OR 4160 PG 1841) located off-site along the north, east and south PUD boundaries.

E. The developer requests a deviation from LDC Section 5.03.02.C.1.a and

5.03.02.F, Fences and Walls, which permits residential fences/walls to be a maximum of 6’ in height from existing ground levels, to permit the perimeter combination berm/wall to be a maximum height of 8’ above the Livingston Road average back of sidewalk elevation.

LIV

ING

ST

ON

RO

AD

EX. 10' LBE(OR 4160, PG 1841)

EX. 10' LBE(OR 4160, PG1841)

20' LB

30' INGRESS/EGRESS ESMT.(OR 3103, PG 2950)

PROJECTENTRANCEFEATUREANDSIGN

R

R

R

R

R

LAKE

LAKE

PRESERVE

ZONING: PUD - MEDITERRA

ZON

ING

: PU

D -

MED

ITER

RA

ZONING: PUD - MEDITERRA

PUD BOUNDARY

10' WIDE TYPE 'A'LANDSCAPE BUFFER

10' W

IDE

TYPE

'A' L

AN

DSC

APE

BU

FFER

10' WIDE TYPE 'A'LANDSCAPE BUFFER20' WIDE TYPE 'D'

LANDSCAPE BUFFER(BERM AND WALL)

12' PROP. R.O.W.DEDICATION TO

COLLIER COUNTY(SECTION 4.2.J

OF THE PUDORDINANCE)

BERM

BERM

BERM AND WALL

BERM

BERM

PUD BOUNDARY

GradyMinor

Civil Engineers ● Land Surveyors ● Planners ● Landscape Architects

Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266

Q. Grady Minor and Associates, P.A.

3800 Via Del Rey

Bonita Springs, Florida 34134

Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380

0

50' 100'25'

SCALE: 1" = 50'

WHEN PLOTTED @ 24" X 36"

NOTES:

1. THIS PLAN IS CONCEPTUAL IN NATURE ANDIS SUBJECT TO MINOR MODIFICATION DUETO AGENCY PERMITTING REQUIREMENTS.

2. ALL ACREAGES ARE APPROXIMATE ANDSUBJECT TO MODIFICATION AT THE TIME OFSDP OR PLAT APPROVAL.

DEVIATIONS:

A. RIGHT-OF-WAY WIDTH

B. SIDEWALKS

C. LAKE SETBACK

D. LANDSCAPE BUFFERS

E. WALL HEIGHT

SITE DATA:

WATER MANAGEMENT 2.87± ACRESPRESERVE 0.82± ACRESROADS / ROW 1.66± ACRESDEVELOPMENT TRACTS 9± ACRESBUFFERS / OPEN SPACE 3.17± ACRES

TOTAL ACREAGE 17.52± ACRES

OPEN SPACE:

REQUIRED: 60%PROVIDED: 60%

A

A = DEVIATION

R = RESIDENTIAL

B

C

D

D

D

D

A

B

A B

A B

AB

E

E

E

GradyMinorCivil Engineers ● Land Surveyors ● Planners ● Landscape Architects

Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266

Bonita Springs: 239.947.1144 Fort Myers: 239.690.4380