Ordinance 2005-59
ORDINANCE NO. 05- 59
AN ORDINANCE OF THE BOARD OF COUNT~'
COMMiSSIONERS AMENDING ORDINANCE NUMB.E:R·
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES T~E
COMPREHENSIVE ZONING REGULATIONS FOR THE:
UNINCORPORATED AREA OF COLLIER COUNTY,:
FLORIDA, BY AMENDING THE APPROPRIATE ZONI~èF,;
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICA TION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM THE PLANNED UNIT DEVELOPMENT
(PUD) ZONING DISTRICT, AND AGRICULTURAL (A)
ZONING DISTRICT A PORTION OF WHICH HAS AN
AGRICULTURAL SPECIAL TREATMENT OVERLAY, TO
THE MIXED USE PLANNED UNIT DEVELOPMENT
(MPUD) ZONING DISTRICT, FOR A PROJECT TO BE
KNOWN AS THE SABAL BAY MPUD. THE PROPOSED
PROJECT WILL INCLUDE A RESIDENTIAL COMPONENT
CONSISTING OF A MAXIMUM OF 1 ,999 VARIED
HOUSING TYPE UNITS AND GOLF COURSE,
COMMERCIAL USES, RECREA TIONNILLAGE CENTER
USES, AND PUBLIC FACILITY USES, PRESERVE AREAS
AND RIGHTS-OF-WAY. THE SUBJECT PROPERTY IS
LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND
WEST OF U.S. 41, NORTH AND WEST OF THE
WENTWORTH PUD, AND EAST OF THE NAPLES BAY
INTERCOASTAL WATERWAY, IN SECTIONS 23, 24, 25, 26
AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416.08±
ACRES; THIS ORDINANCE ALSO IS PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 86-77, THE CDC PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Robert Mulhere of RW A, Inc., and Richard D. Y ovanovich, of Goodlette,
Coleman and Johnson, P.A., representing WCI Communities, Inc. and CDC Land Investments,
Inc., in Petition Number PUDZ-A-2004-AR-6126, 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 Sections 23, 24,
25,26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range
26 East, Collier County, Florida, is changed from the Planned Unit Development (PUD) Zoning
District and Agricultural, (A) Zoning District, a portion of which has an agricultural special
treatment overlay, to a Mixed Use Planned Unit Development (MPUD) Zoning District in
accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated
herein and by reference made part hereof. The appropriate Zoning Atlas Map or Maps, as
Page I of2
described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 86-77, known as the CDC PUD, adopted on November 10, 1986, by
the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by supermajority vote of the Board of County
JI: .
Commissioners of Collier County, Florida, this /~? day of -LV.::,· ~I ¿nittI, 2005,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.J"
BY: ~W. ~
FRED W. COYLE, CHAIR .
ÅpÞrpyed as tQ Form and
LegaÌ Sufficiency
Marjo e M. Student-Stirling
Assistant County Attorney
PUDZ-A-2004-AR-6126, Sabal Bay PUD/KD/sp
This ordinance fj/ed with the
~Sfetory of State's Office the
CT.. day of).,J()I. J~~ ;}OC6
o.n.d aCkn~wledge~~that
f"lng receIved thi day
OMV~~ 5.
By Q(.
"lit
Page 2 of2
,::éO tW \\ARNOLD
SabalBay
A
MIXED-USE PLANNED UNIT DEVELOPMENT
2,416.08 +/- Acres Located in Sections 23, 24, 25, 26, and 36
Township 50 South, Range 25 East, and
Section 19, Township 50 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
WCI Communities, Inc., and Collier Development Corporation
PREPARED BY:
Robert J. Mulhere, AICP
RWA, Inc.
6610 Willow Park Drive
Suite 200
Naples, FL 34109
And
Richard D. Y ovanovich
Goodlette, Coleman & Johnson, P.A.
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
EXHIBIT "A"
DA TE REVIEWED BY CCPC
DATE REVIEWED BY BCC November IS, 20
ORDINANCE NUMBER 2005-59
AMENDMENT AND/OR REPEAL Repeals 86-77
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE 11
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III RESIDENTIAL/GOLF ("RIG") 3-1
SECTION IV RECREA TIONNILLAGE CENTER ("RECNC") 4-1
SECTION V COMMERCIAL/OFFICE ("CO") 5-1
SECTION VI PRESERVE ("P") 6-1
SECTION VII PUBLIC FACILITIES ("PF") 7-1
SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8-1
EXHIBIT A
MPUD MASTER PLAN
EXHIBIT B
LEGAL DESCRIPTION
EXHIBIT C
SCHEDULE OF DEVIATIONS
APPENDIX A
BALD EAGLE MANAGEMENT PLAN
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the applicants, WCI Communities, Inc.,
(WCI), and CDC Land Investments, Inc., hereinafter referred to collectively as the developer, to
create a Mixed-Use Planned Unit Development (MPUD) on 2,416.08 +/- acres ofland located in
Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township
50 South, Range 26 East, Collier County, Florida. The name of this MPUD shall be Sabal Bay.
The development of Sabal Bay will be in compliance with the planning goals and objectives of
Collier County as set forth in the Growth Management Plan (GMP). The development will be
consistent with the GMP goals, objectives and policies, and with the Collier County Land
Development Code (LDC), and other applicable regulations for the following reasons:
1.
The subject property is within the Urban Coastal Fringe Sub-District as identified on the
Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban
Coastal Fringe Sub-District is to provide for a variety of residential and mixed-use
developments such as Planned Unit Developments.
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a) The proposed residential density of Sabal Bay is 1.26 dwelling units (DUs) per acre,
1,999 units/1585 acres, which excludes the 31.00 acre educational facility, 1.00 acre East
Naples Fire Control and Rescue District site, 75.01 acres of commercial uses, 12.40 acres of
platted right-of-way, and 711.67 acres of tidal wetlands. This density is consistent with the
maximum density permitted by the FLUE Density Rating System and is therefore consistent
with FLUE Policy 5.1. The base density allowed by the FLUE for the entire subject
property is four (4) DUs per acre. Due to the project's location within the Traffic
Congestion Zone, one (1) dwelling unit is subtracted ITom the base density permitting a
maximum density of three (3) dwelling units per acre.
b) The maximum combined density and intensity within this PUD shall not exceed the
Development of Regional Impact (DRI) thresholds for mixed-use developments, established
for Collier County on the date of adoption of this PUD. Specifically, this PUD is limited to
a maximum of: one-hundred and sixty percent (160%) of any combination of the individual
DR! thresholds for three or more uses, including residential, office, retail, and hotel uses,
and no single use exceeds one-hundred percent (100%) of the DR! threshold for that use.
Further, in no case shall commercial uses, inclusive of the existing 87,038 square feet of
existing commercial development, exceed the following: 250 hotel rooms; 200,000 square
feet of retail; and, 60,000 square feet of office.
c) The undeveloped and developed commercial acreage is consistent with the provisions of
the FLUE as it is located within Activity Center # 17 at US 41 and Thomasson Drive.
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d) Commercial uses within the RecreationNillage Center District are consistent with FLUE
:\fap -11, which identifies existing zoning consistent with the FLUE by Policies 5-9, 5-10,
5-11, and 5-12. Moreover, the area and allowable uses within the RecreationNillage Center
District are consistent with the provisions set forth in Policy 5.1.
3. The Sabal Bay MPUD is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
4. Improvements are planned to be in compliance with the LDC as set forth in Objective 3 of
the FLUE,
5. The development of the Sabal Bay MPUD will result in an efficient and economical
extension of community facilities and services as required in Policy 3.1 of the FLUE.
6. The Sabal Bay MPUD is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as may be required by Objective 1.5
of the Drainage Sub-Element ofthe Public Facilities Element.
7. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10, of the LDC.
Transportation concurrency is partially vested in that the Developer is entitled to a
Certificate of Adequate Public Facilities for transportation concurrency for 1,766 dwelling
units. upon compliance with the provisions set forth in the Standard Form Collier County
Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, between
Collier Land Development, Inc., Collier Development Corporation, and the Board of
County Commissioners.
8. By virtue of compliance with the provisions of Chapter 6, of the LDC, the project will
also implement, and further Objective 2.0 of the FLUE, Objective 1.2 of the Sanitary
Sewer Sub-Element, and Objective 1.5 of the Recreation and Open Space Element.
9. The native vegetation provisions of the Sabal Bay MPUD implement Policy 6.1.1 of the
Conservation Coastal Management Element in that native preserves will be incorporated
into the project design.
10. The development's commitment regarding the Lely Area Stormwater Improvement
Project (Section 8.6(E) of this Document) is consistent with and furthers Policy 1.3.4 of
the Drainage Sub-element of the Public Facilities Element in that it improves the existing
Lely Canal drainage facility.
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SHORT TITLE
::;~; ordinance shall be known and cited as the "SABAL BAY PUD MIXED-USE PLANNED
íT DEVELOPMENT ORDINANCE".
IV
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the Sabal
Bay MPUD, and to describe the existing conditions of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
The subject property referred to within this Document as "project site" and "project area",
is comprised of2,416.08 +/- acres, and located within Sections 23, 24, 25, 26, and 36
Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East,
Collier County, Florida, and is legally described as:
See Exhibit "B"
1.3 GENERAL DESCRIPTION OF PROPERTY
A. The subject property is located in Sections 23, 24, 25, 26, and 36, Township 50
South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier
County, Florida. The property is generally located south of Thomasson Drive, south
and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples
Bay Intercoastal Waterway in the western portion of Collier County.
B. The zoning classification of the subject property, at the time of the MPUD
application is PUD, A - Agriculture, and A-ST - Agriculture Special Treatment
Overlay,
C. Elevations within the subject property are approximately 8 to 11 feet above MSL.
Per FEMA Firm Map Panel No. 1200670 581 F, 1200670582 F, 1200670 583 E,
1200670584 E, and 1200670605 E, dated August 3, 1992, the Sabal Bay property
is located within AE 8-11 of the FEMA flood insurance rate map.
D. A large portion of the subject property contains native vegetation habitats of varying
quality. The property also contains a significant amount of jurisdictional wetlands.
An Environmental Impact Statement (EIS) has been submitted, pursuant to
Subsection 10.02.02(A) of the LDC, and provisions for on-site preservation of
higher quality wetlands, interspersed with uplands, are incorporated into the design
of the conceptual master plan, and overall water management system. The
Sabal Bay MPUD contains a wide variety of vegetative communities inventoried
and mapped in the EIS. The site has been designed to provide for onsite protection
of habitat for listed species.
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E. The soil types on the subject property include a variety of hydric and non-hydric
soils listed in EIS.
F. The subject property is located within the Collier County Water Management
District Henderson Creek Watershed.
G. A portion of the subject property is located within the City of Naples Water Service
District.
H. The subject property is partially developed pursuant to the January 7, 2002
Preliminary Development Agreement (PDA) with the State of Florida's Department
of Community Affairs to allow development on 83 acres of the property within
Collier County.
ì..+ DENSITY
A. A maximum of 1999 residential dwelling units may be constructed in the total
project area. The gross project area, excluding commercial/office (c/o)
development, Village Commercial (REC/VC), tidal wetlands, and platted rights-
of-way, is approximately 1585 acres. The gross project density shall be a
maximum of 1.26 dwelling units per acre.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the Sabal
Bay MPUD, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Sabal Bay MPUD will be a mixed-use planned unit development. The MPUD
will incorporate residential, golf, commercial, recreational, and preserve land uses.
The northeastern portion of the property along US 41 is located within Activity
Center #17 and shall allow for commercial/office uses. There currently exists
87,038 square feet of retail development within the MPUD authorized to be
constructed pursuant to a PDA between Collier Development Corporation and the
State of Florida Department of Community Affairs. The other uses shall be
distributed throughout the remainder of the MPUD property, as set forth on the
MPUD Master Plan (Exhibit A).
Access to the property shall be ITom East Tamiami Trail (US 41), Thomasson Drive,
and Bayshore Drive.
The project will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services shall be provided as deemed
appropriate.
B. The MPUD Master Plan is illustrated graphically as Exhibit "A". A Land Use
Summary indicating approximate land use acreages is shown on the Plan. The
Master Plan is conceptual, and the location, size, and configuration of individual,
residential, commercial, recreational areas, water management features, and tract
development areas shall be detennined at the time of site development plan (SDP)
and/or subdivision plat approval.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of the Sabal Bay MPUD shall be in accordance with
the contents of this MPUD Ordinance and applicable sections of the LDC (to the
extent they are not inconsistent with this MPUD Ordinance) and the GMP in effect
at the time of issuance of any development order to which said regulations authorize
the construction of improvements, such as but not limited to subdivision plat, SDP,
excavation permit and preliminary work authorization. Where these MPUD
regulations fail to provide developmental standards, then the provisions of the
most similar district in the LDC shall apply. .
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B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
C. Development permitted by the approval of this MPUD shall be subject to the
Adequate Public Facilities Ordinance, Section 6.02.00 and Section 10.02.07 of the
LDC. At this time, 1,766 residential units are vested for transportation concurrency
pursuant to the terms of the Standard Form Collier County Contribution Agreement
for Road Impact Fee Credits dated October 22, 2002, between Collier Land
Development, Inc., Collier Development Corporation, and the Board of County
Commissioners. In addition, 87,038 square feet of commercial development exists
within the MPUD boundary.
D. Unless modified, waived or excepted by this MPUD or by subsequent request, the
provisions of other sections of the LDC remain in effect with respect to the
development of the land which comprises this MPUD.
E. All conditions imposed herein or as represented on the Sabal Bay Master Plan are
part of the regulations which govern the manner in which the land may be
developed.
F. The Subdivisions Division of the LDC (Section 10.02.04 and Appendix B) shall
apply to the Sabal Bay MPUD, except where an exemption or substitution is set
forth herein or otherwise granted pursuant to Subsection 10.02.02(B) the LDC.
G. The Site Development Plans Section of the LDC (10.02.03) shall apply to the Sabal
Bay MPUD, except where an exemption is set forth herein or otherwise granted
pursuant to Subsection 1O.02.03(B) ofthe LDC.
H. Recognizing that the MPUD Master Plan does not designate specific dwelling unit
types, the type of dwelling unit which characterizes the initial development of any
platted tract or phase of a platted tract shall be carried out throughout the
development of that tract or phase.
I. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DR!
thresholds for a mixed-use project (100 percent for a specific use and 160 percent of
any combination of three or more uses), as they exist on the date the MPUD is
approved. The project shall be monitored through the PUD monitoring process on
an annual basis and during SDP and/or subdivision plat review process, as may be
applicable.
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2.4 ROADWAYS
A. Roadways within the Sabal Bay MPUD shall be privately owned and maintained,
except for Thomasson and Xeric Drive, which will be public roads. Standards for
roads shall be in compliance with the applicable provisions of the LDC regulating
subdivisions, unless otherwise modified, waived or excepted by this MPUD or
approved during subdivision plat approval. The developer reserves the right to
request substitutions to design standards in accordance with Subsection
1O.02.04(A)(3) of the LDC. The developer retains the right to establish gates,
guardhouses, and other access controls as may be deemed appropriate by the
developer on all internal and privately owned and maintained project roadways.
B. Roadways within the Sabal Bay MPUD shall be designed and constructed in
accordance with Chapter 10 of the LDC with the following substitutions:
1. Streets and access improvements
a. Street Right-of-Way Width: At the discretion of the developer, the
minimum right-of-way width to be utilized for local streets and cul-de-sacs
may be fifty feet (50'), a deviation from LDC Subsection 6.06.01(0) that
requires rights-of- way for local roads to be at least sixty feet (60'). Drive
aisles serving multi-family tracts shall not be required to meet this
standard.
b. Dead-end Streets: Cul··de-sacs may exceed a length of one thousand feet
(1,000'), a deviation from LDC Subsection 6.06.01(1) that limits cul-de-sacs
to 1,000 feet.
c. Reverse Curves: Tangents between reverse curves are not required for any
local street design in this MPUD. A deviation from Section III, Exhibit
"A", Design Requirements for Subdivisions C.13.j. of the Administrative
Code for Collier County Construction Standards Manual adopted through
Ordinance No. 2004-66.
2.5 SIDEWALKS/BIKE PATHS, BIKE LANES
A. Sidewalks: All roads other than local roads shall have a six foot (6') wide sidewalk
on both sides of the street as illustrated on Exhibit A, or a minimum ten foot (10')
wide pathway on one side of the street which may meander in and out of the right-
of-way.
B. Bike lanes shall be provided on both sides of collector and arterial streets.
C. Pursuant to Chapter 6.06.02 of the LDC, sidewalkslbike paths shall be permitted
as follows:
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I. An internal pedestrian walkway system is permitted within drainage
easements. Where such a pedestrian system is provided, no sidewalk shall
be required adjacent to the right-of-way serving the adjacent residential
tract.
2. Sidewalks may be located outside platted rights-of-way when located
within a separate sidewalk easement.
3. Sidewalks may be located within landscape buffers and/or easements;
however, the landscape buffer shall be increased in width by an amount
equal to the encroachment at the point of encroachment.
2.6 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Section 22-122(a) of the Collier County Code of
Laws and Ordinances may be reduced subject to the provisions established in Section 22-
l22(a) of the Collier County Code of Laws and Ordinances. All lakes greater than two (2)
acres may be excavated to the maximum commercial excavation depths set forth in Section
22- I 22( c) of Collier County Code of Laws and Ordinances, and subject to permit approval
ITom the South Florida Water Management District. Removal of fill and rock ITom the
Sabal Bay MPUD shall be administratively pennitted to an amount up to ten (10) percent
per lake (20,000 cubic yards maximum), unless the project is issued a commercial
excavation pennit.
2.7 FILL STORAGE
Fill storage is generally allowed throughout the Sabal Bay MPUD. Fill may be transported
and stockpiled within areas that have been disturbed/farmed. Prior to stockpiling in these
locations, the developer shall notify the Community Development and Environmental
Services Administrator and shall demonstrate compliance with the following standards:
I. Stockpile maximum slope: 2: 1
2. Stockpile maximum height: Thirty Feet (30')
3. Fill storage in excess of six feet (6') in height shall be located no closer than
one hundred feet (100') ITom any existing residential unit or residential unit
under construction. This excludes fill storage areas associated with the Lely
Area Surface Drainage Improvements Project.
4. Soil erosion control shall be provided in accordance Subsection 10.02.02.C
of the LDC.
5. Stockpiles with side slopes greater than 4: 1 shall be fenced with childproof
fencing.
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2.8 USE OF RIGHTS-OF-WAY
Utilization of lands within. all project rights-of-way for landscaping, decorative
entranceways, and signage shall be allowed subject to review and administrative approval
by the Collier County Engineering Director for engineering and safety considerations during
the development review process and prior to any installations.
2.9 MODEL HOMES/SALES CENTERS/SALES OFFICES/
CONSTRUCTION OFFICES
A. Models, sales/rental centers and other uses and structures related to the promotion
and sale, resale, and/or rental of real estate and/or golfì'sports memberships such as,
but not limited to, pavilions, viewing platfonns, gazebos, tents, parking areas, and
signs, shall be permitted principal uses throughout the Sabal Bay MPUD subject to
the requirements of Chapters 4.05.00, 4.06.00,5.06.00 and 5.04.04 of the LDC. Such
temporary use permits shall be valid through the life of the project with no extension
of the temporary use pennit required.
B. Temporary use pennits for sales centers, and model homes may be approved
subsequent to zoning approval. Temporary use permit applications, and, where
required, associated SDP or site improvement plan (SIP) application(s) for
residential models, shall be submitted, and approved pursuant to Chapters 4.05.00,
4.06.00,5.06.00, and 5.04.04 of the LDC, with applications for the subdivision plat.
The location of the model units within a future platted lot shall be depicted on the
SDP or SIP, as the case may be. All model units shall be located on lots that will be
platted through subsequent development order approvals, and shall comply with all
development standards applicable to said lots.
C. Temporary uses for sales centers may be serviced by temporary well and septic
systems.
D. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may
be used as a temporary sales facility to be utilized to market residential products,
including the re-sale of residences within the boundaries of the Sabal Bay MPUD
and/or golf and sports club memberships. The use of a portion of the clubhouse as a
temporary sales facility shall cease when the project is released to the control of the
homeowners' association.
2.10 CHANGES AND AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER
PLAN
Changes and amendments may be made to this MPUD Ordinance, MPUD Master Plan as
provided in LDC Subsection 10.02. 13.E. Minor changes and refmements as described in
Section 8.3 C of this Document, may be made by the developer in connection with any type
of development or permit application required by the LDC.
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2.11 COMMON AREA MAINTENANCE
Common area maintenance shall be provided by a Community Development District
(CD D) established pursuant to Chapter 190, Florida Statutes, or by a property owners'
association. For those areas not maintained by a CDD, the developer will create a property
owners' association or associations, whose functions shall include provisions for the
perpetual maintenance of common facilities and open spaces. The CDD, or the property
owners' association, as applicable, shall be responsible for the operation, maintenance, and
management of the surface water and stormwater management systems.
2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Sabal Bay MPUD. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms: 4:1
2. Ground covered berms:
a. Perimeter: 3: I
b. Internal to project: 3: 1
3. Other slope stabilizing materials and landscape features, including natural or
manmade rock features and geotextile mats, where necessary, excluding rip
rap: 1:1
4. Structural walled berms: vertical
B. Fence or wall maximum height:
I. Perimeter fences or walls shall be permitted at a height of eight feet (8'), as
measured ITom the finished grade of the ground at the base of the fence or
wall. This constitutes a deviation ITom Subsection 5.03.02B of the LDC
allowing wall height to be measured ITom finished grade, rather than
existing grade, of the ground at the base of the wall. For the purpose of this
provision, finished grade shall be considered no greater than 18 inches above
the crown elevation of the nearest existing road. If the fence or wall is
constructed on a perimeter landscape berm, the berm and wall in
combination shall not be higher than 8 feet ITom the finished grade.
2. All other fences or walls shall not exceed a height of six feet (6') as
measured ITom the finished floor elevation of the nearest residential
structure. Fences or walls constructed on a landscaped berm shall not exceed
a height of six feet (6'), as measured ITom the top of the berm and the
combination of berm and fence shall not exceed eight feet (8 '), as measured
ITom existing grade.
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3. Entrance features, which are an integral part of security and access control
structures such as gatehouses and control gates, shall be subject to the height
limitations for principal residential structures, not to exceed 35 feet.
C. Pedestrian sidewalks and/or bike paths and utilities may be allowed in landscape
buffers. Where such structures or features are located in the required landscape
buffer, the landscape buffer shall be increased in width equal to the encroachment in
that location, as required in Chapter 4.06.02 of the LDC. Water management
systems, and drainage structures, shall be permitted within a required buffer as
provided in Subsection 4.06.02D(4) of the LDC.
2.13 DESIGN GUIDELINES AND STANDARDS
A. The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership or control,
as set forth in Policy 5.6 of the FLUE of the Collier County GMP.
B. The Sabal Bay MPUD is a planned community and shall be developed under
unified control. The developer will establish design guidelines and standards to
ensure a high and consistent level of quality for residential units and related
community features and facilities such as landscapes, hardscapes, waterscapes,
signage, lighting, pedestrian systems, bicycle paths, pavement treatments,
roadway medians, fences, walls, buffers, berms and other similar facilities.
2.14 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Sabal Bay MPUD
except in the Preserve Area. General permitted uses are those uses which generally serve
the developer and residents of the Sabal Bay MPUD and are typically part of the common
infrastructure or are considered community facilities.
A. General Permitted Uses:
I. Water management facilities and related structures.
2. Irrigation treatment and distribution facilities.
3. Temporary sewage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
5. Guardhouses, gatehouses, and access control structures.
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6. Community and neighborhood parks, recreational facilities.
7. Temporary construction, sales, and administrative offices for the developer and
developer's authorized contractors and consultants, including necessary access
ways, parking areas and related uses.
8. Landscape features including, but not limited to, landscape buffers, benns, fences
and walls subject to the standards set forth in Section 2.12 of this Document.
Development Standards:
Unless otherwise set forth in this Document, the following development standards
shall apply to structures:
I. Setback from back of curb or edge of pavement of any road - Twelve feet
(12') except for guardhouses, gatehouses, and access control structures
which shall have no required setback.
2. Setback from MPUD boundary: See Table I, Section III, Development
Standards.
3. Minimum distance between unrelated structures - Ten feet (10')
4. Maximum height of structures - See Table I, Section III Development
Standards.
5. Minimum floor area - None required.
6. Minimum lot or parcel area - None required.
7. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with LDC in
effect at the time of SDP approval.
2.15 OPEN SPACE REQUIREMENTS
The Collier County LDC requires that mixed-use residential projects maintain open space at
a minimum of 30~'Ô of the entire MPUD. The MPUD Master Plan identifies preserves,
lakes. recreation tracts, including golf course area, and buffers as open spaces. These areas,
in conjunction with open space areas included within the residential areas, will satisfy the
30% open space requirements of Subsection 4.02.0IB of the LDC for mixed-use
developments.
2-8
2.16 NATIVE VEGETATION RETENTION REQillREMENTS
Pursuant to Policy 6.l.10f the Conservation and Coastal Management Element of the
Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of
559.52 acres (25% of the 2,238.07 +/- acres of native vegetation on site) is required to be
retained or replanted. For the purposes of this MPUD, the Preserve Tracts, which equal
56% +/- (1,256.24 acres) of the 2,238.07 +/- acres of native vegetation occurring on site,
will fully satisfy the native vegetation requirements of Collier County.
Of the 2,416.08 ± acres on the project site, l78.0l± acres are not considered habitats with
native vegetation present. Those habitats not included as native vegetation habitats
include commercial uses, open water, cleared lands, and agricultural lands. Of the
remaining habitat types, exotic plant species coverage was not evaluated according to
canopy coverage alone; therefore, these habitats are not excluded from the native
vegetation preservation requirement pursuant to Policy 6.1.1 of the Conservation and
Coastal Management Element of the GMP. Since the on-site preserve will exceed the
GMP requirement, the applicant has elected not to further evaluate native habitats on-site
to exclude them from this requirement.
2.17 SIGNAGE
A. GENERAL
All signs shall be in accordance with Section 5.06.00 of the LDC except in the following
instances.
I. Two ground or wall entrance signs shall be allowed at the entrance to each
individual residential tract and shall be limited in size to 60 square feet
each and shall not exceed a height of 6 feet as measured from finished
grade. These signs shall not contain more than the project name of the
individual tract, the main project name or any major use, the insignia or
motto of the project and the developer's name and logo. Said signs shall
be located so that they are visible only internal to the Sabal Bay MPUD.
This constitutes a deviation from Subsection 5.06.04A.6.(b) of the LDC,
which limits such signs to 64 square feet.
2. Two ground signs are permitted for each project entrance (on US 41,
Thomasson Drive and Bayshore Drive), and shall be allowed in addition to
other signage allowed by Section 5.06.00 of the LDC. Each of these
permitted signs shall be limited to 120 square feet in area and shall only
contain the name of the project or any major use, insignia or motto of the
entire development, and the developer's name and logo and shall be
architecturally compatible with the landscape buffer along the project
boundaries and the common architectural theme of the entire project. This
constitutes a deviation from LDC Section 5.06.05 which limits such signs
to 64 square feet.
2-9
3. Boundary marker monuments containing project identification signs
designed to identify the project, or any major use within the project, shall
be pennitted in locations depicted on the MPUD Master Plan (Exhibit
"A"). The sign face area for such boundary markers shall not exceed 64
square feet in area and shall not exceed the height or length of the
monument on which it is located. If the sign is two-sided, each sign shall
not exceed 64 square feet in area. Each sign shall only contain the main
project name, insignia or motto of the entire development, and the
developer's name and logo.
4. In the case of commercial development within the RECNC District,
which is internalized within the MPUD, and in consideration of mixed-use
and/or neo-traditional development, signage may vary from the
requirements of Chapter 5.06.00 of the LDC.
5. Traffic signs, such as street signs, stop signs, speed limit signs, internal
directional signs, and the like, shall be designed to reflect a common
architectural theme. The placement and size of such signs shall be in
accordance with the LDC, or other applicable County regulations.
2-10
SECTION III
RESIDENTIAL/GOLF
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Sabal Bay MPUD designated on the Master Plan as "RIG",
ResidentiaVGol£
3.2 MAXIMUM DWELLING UNITS
A maximum of 1,999 approved residential dwelling units may be constructed on lands
designated "RIG" Residential on the MPUD Master Plan. For purposes of project density, 4
ALF units shall constitute 1 golf residential dwelling unit. However, the maximum density
on tract RlG8 is limited to 390 dwelling units.
3.3 GENERAL DESCRIPTION
Areas designated as "RIG," ResidentiaVGolf, on the Master Plan are designed to
accommodate a full range of residential dwelling types, general permitted uses as described
by Section 2.14 of this Document, a full range of recreational facilities, essential services,
and customary accessory uses.
The approximate acreage of the area designated as "RIG", Residential/Golf, is indicated on
the MPUD Master Plan. This acreage is based on conceptual designs and is approximate.
Actual acreages of all development tracts will be provided at the time of SDP, or
subdivision plat approvals, in accordance with Sections 10.02.03 and 10.02.04 of the LDC.
ResidentiaVGolf tracts are designed to accommodate internal roadways, open spaces, golf
course uses and other similar uses found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
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:
I. Single family attached and detached dwellings, townhomes.
2. Single family and zero lot line dwellings.
3. Two-family and duplex dwellings.
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4. Multi-family dwellings including mid-rise, coach home and garden
apartments. Multi-family buildings are limited to a maximum building
height of 50 feet measured as set forth in the LDC Section 1.08.02
Definitions "building, zoned height of', except that within tract RG4,
depicted on Exhibit "A", multi-family buildings shall be pennitted up to a
height of 10 residential floors over parking, not to exceed a zoned height of
150 feet", and an actual height of 165 feet.
5. Timeshares
6. Model homes and model home centers including offices for project
administration, construction, sales and marketing.
7. Assisted living facilities (ALF) with ancillary medical uses and personal
services for residents and their guests, including but not limited to, beauty
salon, bank, pharmacy and convenience store are permitted as ancillary uses.
(Such ancillary medical or personal service uses shall only be accessed from
inside the ALF). No external signage or advertising is permitted in support
of these ancillary medical or personal service uses. As ancillary uses, not
intended for utilization by the general public, such ancillary medical or
personal service uses shall be limited in size and intensity to an amount
detennined to be necessary to serve the residents of the ALF, their guests,
and the facility employees.
8. Golf course and golf course related facilities, except within tract RlG8.
9. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways
B. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses
pennitted in this District, including swimming pools, spas and screen
enclosures, recreational facilities designed to serve the development and
provide essential services.
2. Community, and golf course related recreational facilities and structures
including clubhouses, health and fitness facilities, restaurants, cocktail
lounges, pro-shops, driving ranges, pools, meeting rooms, community
buildings, playgrounds, playfields, tennis courts, and similar uses intended to
exclusively serve community residents and their guests.
3. Community and golf course related maintenance facilities, water
management facilities, and utility and maintenance structures and staff
offices.
3-2
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the Sabal Bay
MPUD ResidentiaVGolf Area. Standards not specified herein shall be those
specified in Chapter 5 of the LDC in effect as of the date of adoption of this MPUD
Ordinance.
B. The following standards shall be applicable to the proposed ALF use. Standards not
specified herein shall be those specified in Section 5.05.04 of the LDC in effect as
of the date of adoption of this MPUD Ordinance.
I. Minimum Lot Size: 1 acre.
2. Minimum Yard Requirements:
i) Front: 25 feet
ii) Side: 15 feet, except no setback shall be required fÌ'om any lake
easement.
iii) Rear: 25 feet, except that no setback shall be required fÌ'om any lake
easement.
3. Floor Area Ratio: 0.45 FAR.
4. Maximum height: 3-stories over one level of parking not to exceed a zoned
height of 50 feet.
C. Site development standards for single family, zero lot line, two-family, duplex,
single family attached and town home uses apply to individual residential lot
boundaries. Multi-family standards apply to platted parcel boundaries, unless
otherwise specified.
D. Standards for parking, landscaping, signs and other land uses, where such standards
are not specified herein, are to be in accordance with the LDC in effect at the time of
SDP approval. Unless otherwise indicated, required yards, heights, and floor area
standards apply to principal structures.
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TABLE I: SABAL BAY MPUDDEVELOPMENT STANDARDS FOR "RG" RESIDENTIAL/GOLF AREA
SETBACK SINGLE ZERO TWO SINGLE MULTI F AMIL YI CLUBHOUSE! ALFs ~
F AMIL Y LOT LINE FAMILY I FAMILY TIMESHARE RECREATION
DETACHED DUPLEX ATT ACHED/ DWELLINGS BUILDINGS
TOWNHOME
PRINCIPAL
STRUCTURESJO,II
Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF N/A Per Section
per lot or 3.5B
unit 10,000 SF
Minimum Lot Width 2 40' 35' 35' per lot 20' N/A N/A
or unit N/A
15' 15' 15' 15' 15' or.5 BH, Per Section
whichever is greater, 3.5 B
not to exceed 50 feet,
and a minimum of75
feet &om the POO
Front Yard Setback6 perimeter boundary. 20'
Front Yard for Sideó N/A
Entry Garage 10' 10' 10' 10' 15' or .5 BH,
whichever is greater,
not to exceed 50 feet,
and a minimum of75
feet ITom the POO
perimeter boundary. N/A
15' or.5 BH,
whichever is greater,
not to exceed 50 feet,
and a minimum of75
feet ITom the POO
Rear Yard! 10' 10' 10' 10' perimeter boundary. 15'
Side Yard 6' 0'or6"3 0' or 6" 0' or 603 15' or 5C% ofBH, Per Section
whichever is greater 3.5 B
not to exceed 50 feet,
and a minimum of75
feet &om the POO
perimeter boundary 4 10'
From Golf Course 0 0 0 0 0 0 0
From Preserve I 25' 25' 25' 25' 25' 25' 25'
50' above FEMA Per Section
Maximum HeightS 35' 35' 35' 35' elevation5,7 55' 3.5.B
Floor Area Minimum 1200 SF 1200 SF 1200 SF 1200 SF 700 SF N/A ~
(SF) N/A
Minimum Distance 15' or.5 SBH, 15' or .5
Between 15' or .5 SBH, SBH,
Principal Structures4 12' 12' 12' 12' whichever is greater4,9 whichever is whichever is
greater4 greater 4
ACCESSORY
STRUCTVRES10,II
Front SPS SPS SPS SPS SPS SPS SPS
Side SPS SPS SPS SPS SPS SPS SPS
Rear 5' 5' 5' 5' 5' 10' 10'
From Preserve I 10' 10' 10' 10' 10' 10' 10'
Minimum Distance 0' or 10'
Between Accessory
Structures on same lot 0' or 10' 0' or 10' 0' orlO' 0' or 10' 0' or 10,4 0' or 10,4
Minimum Distance 0' or 10'
Between Accessory
and Principle
Structures on same lot 0' or 10' 0' or 10' 0' or1O' 0' or 10' 0' or 10,4 0' or 10,4
Maximum Height SPS SPS SPS SPS 50' SPS 50'
3-4
G:\Currcnt\Dcsclcm\PUD Rczones\SabaJ Bay. PLrnZ-A-1004~AR-6126'\PUD documcnts\Sabal Bay MPUD 11-9-05.doc
11/9/2005
BH: Building Height - measured as defined in LDC Section 1.08.02 Definitions "building, zoned height of."
SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements.
SPS: Same as Principal Structure
Front yards shall be measured as follows: If the parcel is served by a public or private right-of-way, setback is measured fi:om the adjacent right-of-way line.
* I - Setback fi:om lake easements for all accessory uses and structures may be 0 feet. Setbackfi:om preserve areas shall be 25 feet for principal s1ructures and 10 feet
for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07.
*2 - Minimum lot width for cul-de-sac Jots consistent with the measurement standards established in the LDC.
*3 - Zero feet (0'). Where the zero foot (0') yard option is utilized, the opposite side of the structure or attached structures shall have a twelve foot (12') side yard.
Where zero lot line development is proposed, a conceptual site plan shall be submitted with the application for final subdivision plat approval. The conceptual site
plan shall depict the proposed location of dwelling units and the required setbacks.
*4 - Distance between principal and accessory structures for multi-family development: Where common architectural themes are utilized for a common
development tract, distances between principal structures may be reduced subject to Fire District approval at the time of site plan review. In no case shall the
distance between principal structures be less than 10 feet or .25 SBH, whichever is greater. A common architectural theme shall be demonstrated during SDP review
through submittal of drawings and renderings depicting common signage, common entry design features, common landscape and landscape features, and common
architectural building design features.
*5 - Building height is measured as set forth in LDC Section 1.08.02 Definitions "building, zoned height of." Mid-rise structures within Tracts- R/G4, as depicted
on the MPUD Master Plan (Exhibit "A") shall have a maximum height of JO residential floors over parking, not to exceed 150 feet of zoned height as measured
pursuant to LDC Section 1.08.02 Definitions "Buildings, zoned height of", and a maximum actual height of 165 feet.
*6 - Front loading garages shall have a minimum fi:ont yard setback 23 feet, as measured fi:om the back of sidewalk. Side loaded garages may be located less than
23 feet fi:om the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk.
*7 - 50 feet for RlG8.
*8 - Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. There is no
minimum floor area established for an ALF; however, the maximum floor area ratio (FAR) is.45 as set forth in Section 5.05.04 of the LDC.
*9 - Minimum separation between parking decks under mid-rise structures shall not be less than 60 feet.
] 0 - In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be ]ocated within a landscape buffer in
accordance with LDC applicable provisions in effect at the time or permitting.
I] - Where setbacks are measure as a percent or factor of building height, the "Zoned" building height shall be utilized.
3-5
SECTION IV
RECREATIONMLLAGE CENTER
4.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within the Sabal Bay MPUD designated on the Master Plan as RECNC, "Recreation
Nillage Center."
4.2 GENERAL DESCRIPTION
The approximate acreage of the RECNC Tract is indicated on the Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of aU
development tracts will be provided at the time of SDP or subdivision plat approvals in
accordance with Section 10.02.03 and Section 10.02.04 of the LDC. The RECNC area
shall accommodate a variety of recreational, water management, open space, commercial
uses, including temporary lodging establishments, as well as customary accessory uses
associated with the pennitted principal use, and essential services.
The RECNC Subdistrict shall not be subject to the conditions, limitations or restrictions set
forth in Chapter 4.07.04 of the LDC. The commercial uses identified within this subdistrict
are pennitted pursuant to FLUE Map 11 that establishes exempt commercial areas within
the boundaries of the MPUD which have been detennined to be consistent by policy (FLUE
Policy 5.9). Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DR!
thresholds established for a mixed-use project (100 percent for a specific use and 160
percent of any combination of three or more uses), as those regulations exist on the date this
MPUD is approved. The developer shall provide the County with incremental development
infonnation, including the aggregate commercial square footage within the RECNC Tract
and within the PUD in total, as required during the annual PUD monitoring process, and
through the SDP and/or subdivision plat application submittal process.
..t3 PERMITTED USES AND STRUCTURES
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. Permitted Principal Uses and Structures:
I. Recreational facilities and structures such as, but not limited to, pools, tennis
courts, health and fitness facilities, clubhouses, meeting rooms, community
buildings, playgrounds, and playfields.
2. Commercial banks (Groups 6021-6029 drive-through facilities are
prohibited).
4-1
3. Real estate agents and managers for property within PUD only (Group
6531 ).
4. Hardware store only - 2,500 square feet, maximum floor area (Group 5251).
5. Variety stores - 2,500 square feet maximum floor area (Group 5331).
6. Miscellaneous general merchandise stores, except catalog showrooms _
2,500 square feet maximum floor area (Group 5399).
7. Grocery stores, 10,000 square feet maximum floor area (Group 5411).
8. Fish, meat, and seafood markets only (Group 5421).
9. Fruit and vegetable markets (Group 5431).
10. Retail bakeries (Group 5461).
11. Coffee stores and health food stores only - 2,500 square feet maximum floor
area (Group 5499).
12. Gasoline service stations, except truck stops (Group 5541).
13. Apparel and accessory stores - 2,500 square feet maximum floor area
(Groups 5611-5661).
14. Record and prerecorded tape stores (Group 5735).
15. Eating places, except caterers and industrial and institutional food service
establishments, dinner theaters, drive-in restaurants and restaurants with
drive-through facilities (Group 5812).
16. Liquor stores (Group 5921).
17. Gift, novelty, and souvenir shops (Group 5947).
18. Sewing, needlework, and piece goods stores (Group 5949).
19. Florists (Group 5992).
20. Agents for laundries and drycleaners only (Group 7212).
21. Coin-operated laundries and drycleaning (Group 7215).
4-2
22. Diaper service, and garment alteration and repair shops only (Group 7219).
23. Beauty shops, except beauty schools and cosmetology schools (Group
7231 ).
24. Barber shops, except barber colleges (Group 7241).
25. Depilatory salon, electrolysis, massage parlor, shopping servIces for
individuals, and tanning salons only (Group 7299).
26. Housekeeping and maid services only (Group 7349).
27. Videotape rental (Group 7841).
28. Physical fitness facilities (Group 7991).
29. Offices and/or clinics of physicians, and offices and/or clinics of dentists.
(Groups 8011-8021).
30. Offices and clinics of chiropractors (Group 8041).
31. Establishments operating primarily to provide temporary lodging such as
hotels or motels as defined under Industry Group 70 II in the Standard
Industrial Classification Manual. Within the REC/VC Subdistrict, up to 150
temporary lodging units may be developed. Those temporary lodging units
may be developed as typical hotel or motel units or may be developed as
independent detached or attached units constructed so as to appear like
residential dwelling units of various types (No more then 250 temporary
lodging units shall be permitted within the entire MPUD).
32. Timeshares
33. Miscellaneous Retail Stores, not elsewhere provided for above (Groups
5699,5999), whether accessory to a hotel, motel, clubhouse, or independent.
33. Open space uses, and structures such as, but not limited to, boardwalks,
nature trails, bikeways, landscape nurseries, gazebos, fishing/observation
pier, picnic areas, fitness trails, and shelters.
B. Permitted Accessory Uses and Structures
I. Customary accessory uses or structures incidental to recreation and village
center areas and, or facilities, including structures constructed for purposes
4-3
of maintenance, storage or shelter with appropriate screening and
landscaping.
2. Accessory uses and structures customarily associated with the permitted
principal uses and structures, including, but not limited to:
a. Parking facilities and signage
b. One caretaker's residence
c. Temporary licensed uses such as art festivals, displays, outdoor
gatherings or performances and outdoor food markets.
4.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25').
2. Side Yard: Fifteen feet (15').
3. Rear Yard: Fifteen feet (15').
4. Proposed structures located adjacent to a lake may have no setback from the
lake maintenance easement. No structures are permitted in the required 20-
foot lake maintenance easement.
5. Principal and accessor¡ structure setbacks from Preserve Area
i) Principal structure: Twenty-five feet (25')
ii) Accessory structure: Ten feet (10')
B. Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - Fifty feet (50); except clock towers or similar
architectural features, which shall be permitted up to seventy-five feet (75').
D. Minimum distance between principal structures - Ten feet (10'), or greater, if
required by local fire codes in effect at time of development.
E. Minimum distance between accessory structures - Ten feet (10').
F. Parking for uses and structures constructed in the Recreation/Village Center: The
amount of required parking within this District may be reduced by up to 25% of the
applicable LDC parking requirements if it is demonstrated that such a reduction is
warranted through the submission of a shared parking analysis, to be submitted with
an SDP application. The amount of parking necessary shall be determined utilizing
the modal splits and parking demands for various uses recognized by the Institute of
Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The
analysis shall demonstrate the number of parking spaces available for more than one
4-4
use or function, recognizing the required parking spaces will vary depending on the
multiple functions or uses in close proximity which are unlikely to require the
spaces at the same time. The shared parking analysis methodology will be
determined and agreed upon by the County Transportation Staff and the applicant
during the SDP pre-application meeting. The shared parking analysis shall use the
maximum square footage of uses proposed by the SDP application. Note: Any such
reduction approved by staff is a deviation from the requirements set forth in LDC
Section 4.05.04.
G. Architectural and Site Design Standards:
Commercial development within the RECNC Subdistrict shall conform with the
guidelines and standards of Section 5.05.08 of the LDC, or if variations from
these guidelines are needed to accommodate mixed-use residential or neo-
traditional neighborhood-scale commercial development, a separate plan for
architectural design and site design and signage shall be submitted to the Collier
County Zoning and Land Development Review Director at the time of the first
SDP approval for commercial or mixed use development within this subdistrict.
The plan for architectural design shall indicate the exact nature of any deviation
from the requirements of Section 5.05.08 of the LDC, and shall further
demonstrate that any such deviation, while varying from one or more of the
provisions of Chapter 5.05.08, nonetheless are deemed to meet the overall purpose
and intent of Chapter 5.05.08.
4-5
SECTION V
COMMERCIAL/OFFICE
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for tracts designated as
"C/O", Commercial/Office on Exhibit "A", MPUD Master Plan. The general function
and purpose of this Tract is to provide the opportunity for diverse types of commercial
activities delivering goods and services, including entertainment and recreational
attractions to many segments of the population.
5.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET
The 45 ± acre Commercial/Office Areas (Tracts C/O 1, C/02 and C/03), shall be
developed with an amount of commercial/office square footage that will not exceed
individual DRI thresholds. Total retail or other uses on the C/O 1 and C/02 shall not
exceed 142,000 square feet of retail and 40,000 square feet of office space.
Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DR! thresholds
established for a mixed-use project (100 percent for a specific use and 160 percent of any
combination of three or more uses) as those regulations exist on the date this MPUD is
approved. This shall be monitored through the PUD monitoring process on an annual basis
and through the SDP and/or subdivision plat review process.
5.3 PERMITTED 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:
A. Principal Uses I:
1. Establishments primarily engaged in performing soil preparation services,
crop services, veterinary services, other animal services, farm labor and
management services, and landscape and horticultural services, as outlined
under Major Group 07 in the Standard Industrial Classification Manual,
only including Industry Number 0742 - veterinary services for animal
specialties.
5-1
I Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual,
1987 Edition.
--.,"""';"".."'....-
2. Establishments furnishing point-to-point communications services as
outlined under Major Group 48 in the Standard Industrial Classification
Manual; no communication towers are permitted.
3. Any retail business as defined in the Standard Industrial Classification
Manual for the following categories:
a. 523 - Paint glass, and wallpaper stores;
b. 525 - Hardware stores;
c. 526 - Retail nurseries, lawn and garden supply stores;
d. Major Group 53 - General merchandise stores.
4. Any retail store engaged in selling food as defined under Major Group 54
in the Standard Industrial Classification Manual.
5. Any retail business engaged in selling automobile parts and accessories;
and retail gasoline sales (without service facilities), as defined in the
Standard Industrial Classification Manual for the following categories:
a. 553 - Auto and home supply stores, not including any installation
facility;
b. 554 - Gasoline stations, not including service facilities;
c. Group 7542 - Carwashes only.
6. Any retail business engaged in selling new or used motorboats and other
watercraft, marine supplies, and outboard motors as defined under Industry
Group 555 in the Standard Industrial Classification Manual.
7. Any retail business engaged in selling apparel and accessories as defined
under the Major Group 56 in the Standard Industrial Classification
Manual.
8. Any retail business engaged in selling home furniture, furnishings, and
equipment stores as defined under Major Group 57 in the Standard
Industrial Classification Manual.
9. Any retail establishment selling prepared foods and drinks, including
alcoholic drinks (for consumption on the premises), as defined under the
Major Group 58 in the Standard Industrial Classification Manual.
10. Any miscellaneous retail business as defined under Major Group 59 in the
Standard Industrial Classification Manual, not including Industry Group
Numbers: 596 - non-store retailers; 598 - fuel dealers; and not including
retail sale of fireworks.
5-2
11. Establishments operating primarily in the fields of finance, insurance, and
real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in
the Standard Industrial Classification Manual.
12. Within Tract C/03 only, establishments operating primarily to provide
temporary lodging such as hotels or motels as defined under Industry
Group 7011 in the Standard Industrial Classification Manual. No more
than 150 units shall be permitted. (No more than 250 units shall be
pennitted in total within the RECNC District and Tract C/03).
13. Establishments operating primarily to provide personal services as defined
in the Standard Industrial Classification Manual for the following Industry
Groups:
a. 721 - Laundry, cleaning, and garment services, only including
Group 7211 - power laundries, family and commercial, Group
7215 - coin-operated laundries and dry-cleaning, and Group 7217
- carpet and upholstery cleaning;
b. 722 - Photographic portrait studios;
c. 723 - Beauty shops
d. 724 - Barber shops;
e. 725 - Shoe repair shops and shoeshine parlors;
f. 729 - Miscellaneous personal services, only including Group 7291
tax return preparation services, and Group 7299 personal services,
only including car title and tag service, computer photography or
portraits, costume rental, diet workshops, electrolysis (hair
removal), genealogical investigation service, hair weaving or
replacements service, dress suit or tuxedo rental, and tanning
salons.
14. Establishments operating primarily to provide business services as defined
in the Standard Industrial Classification Manual for the following industry
Groups:
a. 731 - Advertising, not including Group 7312 outdoor advertising
. .
servIces agencIes;
b. 733 - Mailing, reproduction, commercial art and photography, and
stenographic services;
c. 735 - Miscellaneous equipment rental and leasing, only including
Group 7352 - medical equipment, rental and leasing;
d. 737 - Computer programming, data processing, and other
computer related services, not including Group 7371
prepackaged software.
5-3
15. Establishments primarily engaged in developing film and in making
photographic prints and enlargements for the trade or for the general
public, only including Group 7384, Photo finishing laboratories.
16. Establishments primarily engaged in furnishing automotive repair, rental,
leasing and parking services to the general public, including Group 7513 -
Truck rental and leasing, without drivers; Group 7514 - Passenger car
rental; Group 7515 - Passenger car leasing; and Group 7519 - Utility
trailer and recreational vehicle rental.
17. Establishments engaged in miscellaneous repair services, only including
Group 7631 - Watch, clock, and jewelry repair and Group 7699 - Repair
shops and related services, not elsewhere classified.
18. Establishments operating primarily to provide motion picture services as
defined under Major Group 78 in the Standard Industrial Classification
Manual, only including Group 7832 - Motion picture theaters, except
drive-in, and Group 7841 - Videotape rental.
19. Establishments operating primarily to provide amusement and recreation
services as defined under Major Group 79 in the Standard Industrial
Classification Manual, for the following Groups:
a. 7911 - Dance studios, schools and halls
b. 7922 - Theatrical producers (except motion picture) and
miscellaneous theatrical services
c. 7941 - Professional sports clubs and promoters, only including
managers of individual professional athletes, and promoters of
sports events.
d. 7991 - Physical fitness facilities
e. 7999 - To include moped rental, motorcycle rental, rental of
bicycles, schools and camps-sports instructional, scuba and skin
diving instruction, sporting goods rental only.
20. Establishments operating primarily to provide medical and health services
as defined under Major Group 80 in the Standard Industrial Classification
Manual, for the following Groups:
a. 801 - Offices and clinics of doctors of medicine;
b. 802 - Offices and clinics of dentists;
c. 803 - Offices and clinics of doctors of osteopathy;
d. 804 - Offices and clinics of other health practitioners.
21. Establishments operating primarily to provide medical and dental
laboratories as defined under Major Group 807 in the Standard Industrial
Classification Manual, for the following Groups:
a. Group 8071 - Medical Laboratories;
5-4
b. Group 8072 - Dental Laboratories.
22. Establishment operating primarily to provide legal services as defined
under Major Group 81 in the Standard Industrial Classification Manual.
23. Establishments primarily engaged in providing library services, only
including Group 8231 - Libraries.
24. Membership organizations engaged in promoting the interests of their
member as defined under Major Group 86 in the Standard Industrial
Classification Manual.
25. Establishments operating primarily to provide engineering, accounting,
research, and management for the following Groups:
a. 8711 - Engineering services
b. 8712 - Architectural services
c. 8713 - Surveying services
d. 8721 - Accounting, auditing and bookkeeping services
e. 8732 - Commercial economic, sociological, and educational
research
f. 8741 - Management services
g. 8742 - Management consulting services
h. 8743 - Public relations services
1. 8748 - Business consulting services.
26. Offices of government as defined under Major Group 91 in the Standard
Industrial Classification Manual.
27. Mixed multi-family residential and commercial uses located within C/Ol
and C/02 Tracts. Residential dwelling units shall be counted toward the
maximum 1999 allowable residential dwelling units. A maximum of 390
units shall be permitted within the combined Tracts RlG8, C/Ol and
C/02. The commercial space shall be counted toward the maximum
allowable square footage as allowed per DRI thresholds. Regardless of the
ultimate mix of uses, in no case shall this MPUD exceed DR! thresholds,
established in chapter 380 of Florida Statutes, for a mixed-use project (100
percent for a specific use and 160 percent of any combination of three or
more uses), in effect on the date of approval of this PUD. This shall be
monitored through the PUD monitoring process on an annual basis, and
during all SDP and/or subdivision plat submittals. The mixed residential
and commercial uses shall be subject to the following criteria:
5-5
a. An SDP is approved pursuant to Chapter 10 of the LDC that is
designed to protect the character of the residential uses and of the
neighboring lands;
b. The commercial uses in the development shall be limited in hours
of operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with
commercial uses;
d. Residential dwelling units may be located above principal
structures;
e. Residential and commercial uses shall not occupy the same floor of
a building in which the uses are located;
f. The mixed-commerciaVresidential structure shall be designed to
enhance the compatibility of the commercial and residential uses
through such measures as, but not limited to, minimizing noise
associated with commercial uses, directing commercial lighting
away from residential units, and separating pedestrian and
vehicular access ways and parking areas from residential units; and
g. The SDP shall incorporate traditional neighborhood design (TND)
principles.
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1. Parking facilities and signage
2. One caretaker's residence
3. Temporary licensed uses such as art festivals, displays, outdoor gatherings
or performances and outdoor food markets.
C. Should market conditions not warrant commercial development within the C/03
Tract, that Tract shall be used for any uses permitted within the RIG Subdistrict,
subject to all development standards setforth in Section ill of this MPUD
Document.
5.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 10,000 square feet.
B. Minimum Lot Width: 100 feet
C. Minimum Yards (Internal):
1. Front Yard: Twenty (20) feet plus one (1) foot for each two (2) feet of
building height over fifty (50) feet.
5-6
2. Side Yard: None, or a minimum of five (5) feet, with unobstructed
passage from &ont to rear yard
3. Rear Yard: 15 feet.
4. Parcels with two &ontages may reduce one &ont yard by 10 feet.
5. In no instance shall a structure encroach into a required landscape buffer,
other than those structures permitted to be located within a landscape
buffer, in accordance with LDC provision in effect at the time or
permitting."
D. Minimum Yards and Buffers (External):
1. East Tamiami Trail (US 41): 50-foot setback, except that canopies for gas
stations shall maintain a 30-foot setback, provided no gas pumps or pump
islands are located closer than 30 feet &om the East Tamiami Trail right-
of-way. A 20-foot landscape buffer, in accordance with Section 2.12 of
this Document and Section 4.06.00 of the LDC, shall be provided along
the entire &ontage of US 41. In accordance with Subsection 5.05.05Dl of
the LDC, should a gasoline service station be developed, a 25 foot wide
landscape buffer is required along rights-of-way adjacent to the service
station. In no instance shall a structure encroach into a required landscape
buffer, other than those structures permitted to be located within a
landscape buffer, in accordance with the LDC provisions in effect at the
time or permitting.
E. Minimum Distance Between Non-attached Structures: Fifteen feet (15') or one-
half the sum of the building heights, whichever is greater.
F. Maximum Height: Five stories or fifty feet (50'), whichever is greater, except for
hotels, which may be developed up to seventy-five feet (75')in height, as
measured in accordance with the LDC definition of the term "building, zoned
height of'.
G. Minimum Floor Area: 500 square feet per principal structure, on the finished fIrst
floor. Kiosk vendor, concessions, and temporary or mobile sales structures shall
be permitted to have a minimum floor area of 25 square feet and shall not be
subject to the setback requirements set forth on Paragraph 5.4 C. above; however,
in no instance shall a structure encroach into a required landscape buffer, other
than those structures permitted to be located within a landscape buffer in
accordance with LDC provision in effect at the time or permitting.
H. Off-Street Parking and Loading Requirements:
As required by Section 4.05.00 of the LDC in effect at the time ofSDP approval.
5-7
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I. Architectural and Site Design Standards:
Commercial development within this District shall conform with the guidelines
and standards of Section 5.05.08 of the LDC or variance. Gray, primary and/or
secondary colors shall be permitted as a predominant exterior roof colors. This is
a deviation from Subsection 5.05.08C.13.b of the LDC.
5-8
SECTION VI
PRESERVE
6.1 PURPOSE
The purpose of this Section is to identifY permitted uses and development standards for the
area within the Sabal Bay MPUD designated on the Master Plan as "P", Preserve.
6.2 GENERAL DESCRIPTION
Areas designated as "P", Preserve on the Master Plan are designed to accommodate
conservation, passive recreation and water management uses and functions. The
approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based
on conceptual designs and is approximate. The configuration of these areas may change
due to permitting requirements with the South Florida Water Management District, United
States of America Corps of Engineers and other agencies; however, the acreage shall be
generally consistent with that shown on the Master Plan. Actual acreages of preserve areas
will be provided at the time of SDP or subdivision plat approvals in accordance with
Sections 10.02.03 and 10.02.04 of the LDC.
6.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Pennitted Principal Uses and Structures
I. Upland preserves
2. Wetland preserves
B. Permitted Accessory Uses and Structures
I. Boardwalks, nature trails, shelters, viewing piers, viewing platforms,
educational signs, kiosks, elevated golf cart paths, golf course rough areas, and
docks or platfonns for launching and mooring or storage of non-motorized
vessels utilizing movable storage racks.
2. Water management structures in accordance with Collier County, SFWMD,
DEP, and USACOE permitting requirements.
6.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements for Accessory Structures
1. From MPUD or external development tract boundary: Fifteen Feet (15')
2. From internal tract boundary: Ten Feet (10')
6-1
3. From lake: Zero Feet (0')
4. Maximum Height of Structures: Twenty-five Feet (25'), except for
viewing platforms that may be forty feet (40')
6-2
SECTION VII
.PUBLIC FACILITY
7.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within the Sabal Bay MPUD designated on the Master Plan as "PF", Public Facility.
The PF district land is set aside for Collier County School Board to build an elementary or
middle school and one acre is set aside for fire, rescue and an EMS site. Should the School
Board or Fire District decide that it will not need this land, or a portion of it, then this area
may be used for any uses permitted within the RIG Subdistrict, subject to all development
standards set forth in RIG Subdistrict.
7.2 GENERAL DESCRIPTION
Areas designated as "PF", on the Master Plan are designed to accommodate an educational
facility, and public safety services and facilities. The approximate acreage of the areas
designated as "PF", are indicated on the MPUD Master Plan. This acreage is based on
conceptual designs and is approximate. Actual acreages of all development tracts will be
provided at the time of SDP or subdivision plat approvals in accordance with Sections
10.02.03 and 10.02.04 of the LDC.
7.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
I. Educational facilities, limited to public elementary or middle school.
2. Educational plant, limited to public elementary or middle school.
3. Safety service facilities, limited to fire stations and EMS facilities.
B. Accessory Uses
Accessory uses customarily associated with the principal permitted uses.
7.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25')
2. Side Yard: Fifty feet (50').
3. Rear Yard: Fifty feet (50').
7-1
C. Exterior lighting shall be arranged in a manner, which will protect roadways and
residential properties from direct glare or unreasonable interference.
1. Maximum height of structures - Thirty-five feet (35')
2. Minimum distance between principal structures - Ten feet (l0'), or half the
sum of building heights.
3. Minimum distance between accessory structures - Ten feet (10').
4. Minimum off-street parking: Subject to Chapter 4.05.00 of the LDC.
7-2
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
8.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the Sabal
Bay MPUD.
8.2 GENERAL
All facilities shall be constructed in strict accordance with SDPs, subdivision plats (if
required), and all applicable State and local laws, codes, and regulations applicable to this
MPUD. Except where specifically noted or stated otherwise, the standards and
specifications of Section III, Exhibit "A", Design Requirements for Subdivisions of the
Administrative Code for Collier County Construction Standards Manual adopted through
Ordinance No. 2004-66 shall apply to this project, even if the land within the MPUD is
not to be platted. The developer, its successors and assigns, shall be responsible for the
commitments outlined in this Document
The developer, its successors or assignee, shall follow the Master Plan and the regulations
of the MPUD, as adopted, and any other conditions or modifications as may be agreed to
in the rezoning of the property. In addition, any successors or assignee in title to the
developer is bound by the commitments within this Document. These commitments may
be assigned or delegated to a condominium! homeowners' association to be created by the
developer. Upon assignment or delegation, the developer shall be released from
responsibility for the commitments.
8.3 MPUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", MPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special
land use boundaries shall not be construed to be final, and may be varied at any
time at any subsequent approval phase such as subdivision plat or SDP
application. Subject to the provisions of Subsection 1O.02.13(E) of the LDC,
amendments may be made from time to time.
R All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all services and all common
areas in the project.
C. The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the
Sabal Bay MPUD Master Plan upon written request of th~ developer, subject to
the provisions set forth in LDC Subsection 1O.02.13E.
8-1
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8.4 ENGINEERING
A. Except as noted and authorized as a deviation in this PUD Document, all project
development will be consistent with provisions of Sections 10.02.04 and 10.02.03
of the LDC.
8.5 UTILITIES
A. All County or City water distribution and sewage collection and transmission
facilities to serve the project shall be designed, constructed, conveyed, owned, and
maintained in accordance with Collier County Ordinance No. 04-51, as amended,
and other applicable County or City rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
shall be considered to be customers of the County or the City of Naples, as the
case may be, and shall be billed by the County or City in accordance with the
County's or City's established rates.
C. The development shall be subject to application for and conditions associated with
a water and sewer availability letter £Tom the Collier County Public Works
Division, or £Tom the City of Naples Utilities Department, whichever is
applicable, in accordance with applicable franchi5e services boundaries.
o. The developer shall reserve three requested easements, and associated utility and
access easements to connect with a public right-of-way. These sites shall be used
for wells (not to exceed 100' by 100' for each site) with a minimum spacing of500
feet between wells. This conveyance shall occur at the time the SDP, or final
subdivision approval for the area within the development phase that contains the
easement.
E. The developer shall provide a 10 foot wide utility easement on the development
property along both sides of Bayshore Drive, if detennined to be needed by
Collier County.
8.6 WATER MANAGEMENT
A. In accordance with the Rules of the South Florida Water Management District,
this project shall be designed for a storm event of a 3-day duration and 25-year
return frequency.
B. The developer shall design the water management facilities in accordance with
County ordinances, State, and Federal minimum design regulations in effect at the
time of submittal of SOPs, or construction plans or plat approvals as the case may
be. An analysis of predevelopment pollutant loading and post development
8-2
pollutant loading in general accordance with the Harvey Harper methodology
shall be completed and submitted prior to the issuance of final site development
plans or construction plan approvals.
C. An excavation permit shall be required for the proposed lakes in accordance with
Sibsection 22-l22(c) of Ordinance 04-55 of Collier County Code of Laws and
Ordinances. All lake dimensions shall be approved at the time of excavation
permit approval, and shall be consistent with permits issued by the South Florida
Water Management District.
D. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services Staff for review and approval. No construction permits shall be
issued unless and until approval of the proposed construction in accordance with
the approved plans is granted.
E. This developer shall obtain an Environmental Resource Permit or Early Work
Permit from the South Florida Water Management District prior to SDP approval.
F. The developer shall adhere to the conditions set forth in the September 23, 2003
Contribution Agreement by and between Collier Development Corporation and
Collier County regarding the Lely Area Surface Water Drainage Improvements in
order to further the Lely Area Stormwater Improvement Project (LASIP).
8.7 ENVIRONMENTAL
A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge of the jurisdictional wetland boundary in all places and
averaging twenty-five (25) feet from the edge of the jurisdictional wetland
boundary. Where natural buffers are not possible, structural buffers shall be
provided in accordance with the State of Florida Environmental Resources Permit
Rules.
B. A preserve area management plan shall be provided to Environmental Services
Staff for approval prior to site/construction plan approval, identifying methods to
address treatment of invasive exotic species, fire management, and maintenance.
C. All conservation areas shall be placed under conservation easements with
protective covenants per or similar to Section 704.06 of the Florida Statutes.
D. This PUD shall comply with the guidelines of the USFWS and FFWCC, and as
applicable, Collier County regulations, for impacts to protected species. With
respect to the Bald Eagle Management Plan, restrictions within bald eagle nest
protection zones shall be in accordance with the USFWS South Florida Multi-
Species Recovery Plan, May 1999 and Habitat Management Guidelines for the
8-3
-_.......',"'"~,.,.,
Bald Eagle in the Southeast Region, USFWS 1987, except to the degree that the
site specific bald eagle management plan provides for allowance or restrictions
that vary from the USFWS South Florida Multi-Species Recovery Plan, May 1999
and Habitat Management Guidelines for the Bald Eagle in the Southeast Region,
USFWS 1987. Upon receipt of technical assistance from the U.S. Fish & Wildlife
Service (USFWS) and the Florida Fish and Wildlife Conservation Commission
(FFWCC), all proposed improvements may be required to be removed from the
Bald Eagle Primary Nest Protection Zone. A Habitat Management Plan for listed
species shall be submitted to Environmental Services Staff for review and
approval prior to SDP approval.
E. This Bald Eagle Management Plan shall be updated to depict the location of new
eagles nests, or to remove the location of nests that have been abandoned in the
following manner:
1) If the nest is abandoned in accordance with US fish and Wildlife
Regulations, the Bald Eagle Management Plan may be administratively
updated to eliminate the abandoned nest.
2) If the eagles relocate to a tree that is not located on the subject property and
the primary and secondary protection zones of the tree are located entirely
outside of any area of the PUD proposed for any type of development; then
the bald eagle management plan shall be administratively updated to
reflect any of the following: new nest location; new primary zone location;
new secondary zone location. If the eagles relocate to a tree and the
primary or secondary protection zones of the tree are located on any area
of the PUD proposed for any type of development; then the bald eagle
management plan shall be amended and shall require a PUD amendment
including public hearing before the Environmental Advisory Council
(EAC), Collier County Planning Commission (CCPC) and Board of
County Commissioners (BCC).
F. Approximately 60 acres of the project site are identified as an old agricultural
operation. Soil sampling within this fonner agricultural area shall be required at
the time development is proposed within these areas. Sampling shall provide soil
analysis for herbicides, pesticides and heavy metals. Measures needed to clean up
the site shall be addressed prior to site plan/construction plan approval.
G. A gopher tortoise relocation/management plan shall be submitted for review and
approval at the time of final SDP/construction plan submittal, and shall be in
accordance with the requirements of LDC. The success of the establishment of
gopher tortoises within proposed gopher tortoise preserves shall be studied by an
independent (non-governmental) party to document the success of the relocation
effort. A copy of the report detailing the study and the results shall be provided to
Environmental Services Department Staff.
8-4
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H. In accordance with requests from Rookery Bay National Estuarine Research
Reserve (RBNERR) and the Conservancy of Southwest Florida (Conservancy) the
Developer agrees to the following:
I. The developer shall establish a surface water hydrology monitoring
program, which will include annual reports of said monitoring to be shared
with RBNERR.
2. The developer shall include a provision in the conservation easement
requiring notification to RBNERR and the Conservancy in advance of any
changes to the conditions of, and or dedication language set forth in the
project's conservation easement. The RBNERR and the Conservancy will
be allowed to participate in the discussions of any proposed changes.
3. The developer shall allow the Conservancy to review and comment on the
draft master declaration document pertaining to any provisions that will
address language to protect and sustain the environmental integrity of the
development's preserves.
4. In order to minimize environmental impacts to water quality within
RBNERR, the developer shall do the following: conducting pre-
development water quality testing by an independent laboratory; testing of
sediments at the furthest downstream stormwater outfalls for pollutant
loading prior to soil disturbance for construction of these outfall locations
to assess existing sediment quality; utilizing water management Best
Management Practices (BMP's} during construction to minimize adverse
impacts on water quality during development; conducting post
development water quality monitoring and reporting as set forth in
Paragraph 8.7 .H.1. above; and, increasing public awareness by educating
residents and the homeowners' association, through signage and take-
home information, of the potential damage from stormwater pollution on
the environment and the importance of protecting aquatic and terrestrial
resources within and nearby the RBNERR. Further, the developer shall
erect signage at various locations along the RBNERR boundary, making
residents and guests aware of the location and natural resource importance
of the estuarine ecosystem and its management. The developer shall
include water management Best Management Practices (BMPs) from the
proposed Southwest Florida Basin BMP Matrix rule, with the selection of
BMPs based on minimum of two (2) from Group A, two (2) from Group
B, and one (1) from Group C, as part of the SFWMD ERP.
5. The developer shall disclose in the homeowner association documents that
the following activities may occur on the adjacent RBNERR lands: exotic
plant removal and ongoing maintenance; utilization of prescribed burns as
a means of habitat management; controlling illegal dumping; management
of access within RBNERR lands, controlling and trapping when necessary,
feral, nuisance and domestic animals.
8-5
6. The two archeological sites determined to be of prehistoric cultural
significance (8cr535 and 8cr 227) shall be preserved and the developer
shall coordinate with the Florida Division of Historic Resources to
minimize any disturbance to these sites during development and as a result
of exotic vegetation removal.
8.8 TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with 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 the LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting
shall be in place prior to the issuance of the first certificate of occupancy (CO) for
the units/square footage that will directly utilize the access.
C. Access points, including both driveways and proposed streets, shown on the PUD
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
ITontage. All such access issues shall be approved or denied during the review of
required subsequent SDP or final plat submissions. All such accesses shall be
consistent with the Collier County Access Management Policy (Res. 01-247), as it
may be amended ITom 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 to be processed.
D. Site-related improvements (as apposed 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. Site related improvements shall be in place
by phase, and available for access, prior to the issuance of the first CO for that
phase.
E. Road impact fees shall be paid in accordance with Ordinance 01-13, as amended,
and section Chapter 6.02 and Section 10.02.07 of the LDC, as it may be amended.
F. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
G. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as' it may be amended,
8-6
and the LDC, as it may be amended. Collier County reserves the right to modify
or close any median opening existing at the time of approval of this PUD which is
found to be adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
H. 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.
I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by
the developer and Collier Country shall have no responsibility for maintenance of
any such facilities.
J. If any required turn lane improvement requires the use of existing County rights-
of-way or easements, compensating right-of-way, shall be provided without cost to
Collier County as a consequence of such improvement.
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
borne by the developer.
L. The development shall abide by Section 6.02.00 of the LDC in regards to
Transportation Demand Management (TDM) strategies required for a project that
is located within and affects a Transportation Concurrency Exemption Area
(TCEA).
8.9 ADDITIONAL COMMITMENTS
A. The developer shall provide a minimum of one playground, for use by residents
and their guests, meeting ASTM design guidelines.
B. The developer shall install a pathway along the lake where the lake fronts
Thomasson Drive and shall provide a minimum of three benches for public use this
portion oflake-ftontage.
8.10 AFFORDABLE/WORKFORCE HOUSING COMMITMENTS
A. The developer, or its successors or assigns, shall pay the smµ of$I,OOO.OO
8-7
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to the Collier County Affordable Housing Trust Fund for each residential unit not
located within Tracts RG8, C/O 1 and C/02. The payment shall be made within
seven (7) days on the closing of the residential unit.
B. The developer or its successors or assigns shall pay the sum of fifty cents ($0.50)
for each square foot of retail development constructed on the property, excluding
Tracts C/O 1 and C/02, to the Collier County Affordable Housing Trust Fund
within seven (7) days of the improvement receiving a CO.
C. The payment of the sums set forth in the Section shall satisfy any obligations of
the project to pay linkage fee, or similar types of fees should an ordinance
establishing such fees be adopted by the Board of County Commissioners in the
future.
8-8
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SABAL BAY
BALD EAGLE MANAGEMENT PLAN
FOR NESTS CO-009, CO-009A, CO-024A, AND CO-028
December 2004
Revised May 2005
Prepared For:
WCI Communities, Inc.
24301 Walden Center Drive
Bonita Springs, Florida 34134
(239) 947-2600
Prepared By:
Passarella and Associates, Inc.
9110 College Pointe Court
Fort Myers, Florida 33919
(239) 274-0067
Project Na. 04WCII042
TABLE OF CONTENTS
Pa~e
Introduction.... ............................. ..... ...... .... ...... ............... ...... ..... ................. .........:............ ......... ...1
Bald Eagle Habitat and Reproduction......... ... ..... ............ ........... ........................ ............... ............1
Bald Eagle Status .... ...... ... .... ...... ....... .......... ........ ....... ... ............................. ................. ...... ............4
History of Management Guidelines Application ............ ...... ...........;.. ........ ...... ................ ......... ...5
Nest Locations and Site Conditions... ........ ........... .............. .... ................... .............. .......... ............6
Nesting History and Observations........ .... ........................ ......... ....................................... ............6
Bald Eagle Management Plan......... ..... ................. ...... ....... ........................ ....................... ............ 7
References....,........... ..... ....... ................ ........ ........... ............ .............. .... ..... ......................... ...... ..1 0
Figure 1.
F· Î
19ure _.
LIST OF FIGURES
Pasze
Project Location Map...... ............ ................. .... ....... ........... ................... ....... ...... ....2
FLUCFCS and Wetlands Map with
Bald Eagle Nest Locations .................................................................... 3
11
,
ì
Exhibit A.
Exhibit B.
)
LIST OF EXHIBITS
PalZe
Aerial Photograph with Bald Eagle Nest Locations ..........................................A-1
Site Plan with Protection Zones for Bald Eagle Nests....................................... B-1
111
INTRODUCTION
This Bald Eagle Management Plan (BEMP) has been prepared for bald eagle (Halžaeetus
leucocephalus) nests located on and within 1,500 feet of the 2,331.05± acre Sabal Bay property
(Project) located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East; and Section
19, Township 50 South, Range 26 East, Collier County (Figure 1). This BEMP covers a total offour
bald eagle nest sites including CO-009, alternate nest CO-009 (CO-009A), alternate nest CO-024
(CO-024A), and nest CO-028 (Figure 2). The Sabal Bay BEMP has been prepared to comply with
U.S. Fish and Wildlife Service (USFWS) Habitat Management Guidelines for the Bald Eagle in the
Southeast Region (USFWS 1987) (Guidelines). The bald eagle is listed as threatened by the Florida
Fish and Wildlife Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS).
The Project is a proposed master planned community that will include a school site, single- and
multi-family residences, a golf course, a clubhouse with recreational amenities, and neighborhood
commercial. The Project includes a portion of the previously permitted Lely Area Stonnwater
Improvement Project including the Lely Main Canal that runs northeast to southwest through the
Project. The Project' surrounding land uses are a mixture of residential developments, undeveloped
land, agricultural, disturbed land, preserve, and commercial developments. On the western boundary
the project abuts undeveloped lands in the southeastern most city limits of the City of Naples.
Abutting the site immediately to the north is the Naples Botanical Garden, Hamilton Harbor Marina,
East Naples Community Park, commercial development, Thomasson Drive, and Tamiarn.i Trail East
(U.S. 41). To the south is Rookery Bay Wildlife Sanctuary. To the east are undeveloped and
agricuIturallands that are part of the Wentworth PUD.
BALD EAGLE HABITAT AND REPRODUCTION
The following information on the biology of the bald eagle is excerpted from the South Florida
Multi-Species Recovery Plan (USFWS 1999).
Bald eagles are considered a water-dependant species typically found near estuaries, large lakes,
reservoirs, major rivers, and some seacoast habitats (Robards and King 1966, King et aI. 1972,
Weekes 1974, Whitfield et al. 1974, Gerrard et aI. 1975, Grier 1977, Anthony and Isaacs 1989,
Wood et al. 1989). Their distribution is influenced by the availability of suitable nest and perch sites
near large, open wa~erbodies, typically with high amounts of water-to-land edge. Bald eagles
demonstrate a remarkable ability to tolerate perturbations to their habitat, throughout their range.
Their adaptability to a variety of habitat conditions makes generalizations about habitat requirements
and nesting behavior difficult. Though variable, eagles have basic habitat requirements that must be
met in order to successfully reproduce and survive during the winter or non-nesting season. Florida
bald eagle nests are often located in the ecotone between forest and marsh or water, and are
constructed in dominant or co-dominant living pines (Pinus spp.) or bald cypress (Taxodium
àistichum) (McEwan and Hirth 1979). Approximately ten percent of eagle nests are located in dead
1
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w ~ E
S
~
!
~
i FIGURE 1. PROJECT LOCATION MAP
SABAL BAY
PASSARELLA and ASSOCIATES. INC.
Consulting Ecologists
DRAWN BY: P.r. DATE: 1/20/05
-'~"".'"'' . ..... & ~
~
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'::ÞU:: ¡- = 600'
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.. .. .. .. .. ..
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.. .. .. .. .. .. .. ..
................
.. ..................... ..
............ ..
..................
................... .,.::,,~.. ';,.:..........
.. .. .. .. .. .. .. .. .. .... ""'.......*!......
.. .. .. .. .. .. .. .. .. .. .. " .. .. .. ..
........... .....
............. "..... t
.......................................................................... ~9 E1
..................................... EAGL NEcl99EE21
..:.:.:-:.:..:.:..:.:..: -:.:..:.:..:.:~:-' II ur
......................... .......... CO-009A 19 E1
..................
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. [9 E2
· .............................. 5E4
;"~aJ :.:.:.:.:.:.:.:.:.:.:.:.:.:. 9E1
'. ...................... ....... ...... 19 E2
:::::::::::::::::::: ::::: ::::: ::::,:f:~:: J':~~
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .1J:f .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ".. .. .. .. .. .. .. .. S E4
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. -":'.k -..,¡ 9 E 1
......................... .............. ·m··· .................. 'j\9E2
.. : .. : .. : .. : .. : .. : .. : .. : .. : .. : .. : .. : .. : .. : .. : .. : .. : .. : .. : .. .. .. .n "":":":":":":":":")9 E3
............................................... ................ ·~~9 E4
: . : . : . : . : . :- : . : . : . : . : . :- : . : . : . : . : . :- : . : . . : . : . : . : . : . : . : . : . . " '15 E3
. . . . . . . . . . . . . . . . . . . . . . . . . . . ~. ~9 Et
.. ········................0
. .. ..: ..:..:.:.:.:..:.:.:.:.:.:..:.:.:.:.:.:.:.:.:..:.:. :,.~_ J9 E2
· . .. ................................ 69 E3
· : . : . .:u...... .......:...:.:.:.:.:.:.:.:.:...~...:..:.:.:.:.:.:.:.:. ~9 E4
:::::: ::::::.:.:.: -:. :::::::::::::::: ::'::'.:.:::::::::::::: .~:: :-:>99 EE21
.......... ...................
· . .. .. .. . .... ... . ......... .................................... 9 E3
..:-:.:.:-:.:.:.:.: -:.:-:.: ...:-:.:.:.:-:.:-:-:.:-:.. 9 E4
. . . . . .. . .. .. . .. .. . . . . . . ..... . . . . . . . . . . .. . . . . . . . . . .. . . . . ... ~.~~ 9 E 1
..................... .............................. 9E2
.:.:.:.:.:.:.:.:.: -:.: .......:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. 9 E3
.:.:..:.:.:.:.:.:.:.:.:.:.:..:.:.:.:.:.:.:..:.:.:.:.:..:.:.:.:.:. )
" ......................................................... .~9 E1
.. ,.U ........................................................................... ..19 E2
.............................................................. "1
:.:..:.:.:.:.:.:.:..:.:.:.:.:.:.:..:.:.:.:.:.:.:.:.:..:.:.:..:.:.:..: -:!9 E1
............................................................... 'ß9 E1
· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'S9 E2
....... "'............................................................. ·be
............................. ............................ ...... ~
::::::::::::.' .::::::::::::::::::::::::::::::::::::::::::::: :J
......... .......................0,1.
..... .......................
UCFCS
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19 E1
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DESCRIPTION
COMMERCIAL AND SERVICES UNDER CDNSTRUCTION
PINE FLATWOODS. DISTURBED 10-24% EXOTICS)
PINE FLATWOODS, DISTURBED 125-49% EXOTICS)
PINE FLATWOODS. DISTURBED 150·75% EXOTiCS)
PINE FLATWOODS, DISTURBED 176-100% EXOTICS)
MIXED PINE FLATWOODS, DISTURBED (50-75% EXOTICS)
SCRUBBY PINE FLATWOODS, DISTURBED (0·24% EXOTICS)
SCRUBBY PINE FLATWOODS, DISTURBED 125-49% EXOTICS)
SCRUBBY PINE FLATWOODS, DISTURBED (50-75% EXOTICS)
XERIC OAK
XERIC OAK. DISTURBED (0-24% EXOTICS¡
XERIC OAK, DiSTURBED (25-49% EXOTICS)
BRAZILIAN PEPPER
BRAZILIAN PEPPER, HYDRIC
MELALEUCA
MELALEUCA, HYDRIC
UVE OAK
LIVE OAK. DISTURBED (0-24% EXOTiCS)
LIVE OAK, DISTURBED (25.49% EXOTICS)
CABBAGE PALM, HYDRIC (0-24% EXOTICS)
WAX·MYRTLEIWILLOW, HYDRIC (0-24·" EXOTICS)
W AX-MYRTLEIWILLOW, HYDRIC (25-49% EXOTICS)
HARDWOOD/CONIFER MIXED, OISTURBED (0-24% EXOTICS)
HARDWOOD/CONIFER MIXED, OISTURBED (5()'75% EXOTICS)
HARDWOODICONIFER MIXED. DISTURBED (76-100% EXOTICS)
AUSTRAUAN PINE, HYDRIC
TIDAL CREEK
DRAINAGE CANAL
STORMWATER MANAGEMENT POND
BAYS AND ESTUARIES
INLAND TIDAL PONDS
MANGROVE SWAMPS
MANGROVE SWAMPS, DISTURBED (0-24% EXOTICS)
MIXED WETLAND HARDWOODS. DISTURBED 10-24% EXOTICS)
MIXED WETLAND HARDWOODS. DISTURBED 125-49% EXOTICS)
WILLOW, DISTURBED (0-240,0 EXOTICS)
WILLOW. DISTURBED (25-49% EXOTICS)
CYPRESS, DRAINED (75.100% EXOTICS)
CYPRESS, DISTURBED (0-24% EXOTICS)
CYPRESS. DISTURBED (25-49% EXOTICS)
CYPRESS, DISTURBED 176-100% EXO nCS)
CYPRESS/PINE/CABBAGE PALM. DRAINED (50-75% EXOTICS)
CYPRESS/PINE/CABBAGE PALM, DRAINED (76-,00% EXOTICS)
CYPRESS/PINE/CABBAGE PALM, DISTURBED (0-24% EXOTICS)
CYPRESS/PINE/CABBAGE PALM, DISTURBED (25-49% EXOTICS)
CYPRESS/PINE/CABBAGE PALM. DISTURBED (50-75% EXOTICS)
CYPRESS/PINE/CABBAGE PALM, DISTURBED 176-100·" EXOTICS)
PINE, DRAINED 150-75% EXOTICS)
PINE, HYDRIC, DISTURBED (()'24% EXOTICS)
PINE, HYDRIC, DISTURBED (25-49% EXOTICS)
PINE, HYDRIC, DISTURBED (50-75% EXOTICS)
PINE, HYDRIC, DISTURBED (76·100% EXOTICS)
MIXED WETLAND FOREST, DISTURBED 10-24% EXOTICS)
MIXED WETLAND FOREST, DISTURBED (25-49% EXOTICS)
MIXED WETLAND FOREST. DISTURBED (50-75% EXOTICS)
MIXED WETLAND FOREST, DISTURBED 176·100% EXOTICS)
WETLAND SHRUB, DISTURBED (0-24% EXOTICS)
WETLAND SHRUB, DISTURB EO (25·49% EXOTICS)
WETLAND SHRUB. DISTURBED (50-75% EXOTICS)
FRESHWATER MARSH
FRESHWATER MARSH. DISTURBED (()'24% EXOTICS)
FRESHWATER MARSH. DISTURBED (25-49% EXOTICS)
SALTWATER MARSHES
SALTWATER MARSHES, DISTURBED (0-24% EXOTICS)
WET PRAIRIES. DISTURBED ID-24% EXOTICS)
WET PRAIRIES, DISTURBED 125-49% EXOTICS)
SALTERN. DISTURBED
DISTURBED LAND
SPOIL AREAS
BERM
ELECTRICAL POWER TRANSMISSION LINE
TOTAL
% OF
ACREAGE -:1 AL
72.72 Ac.: 3.C~
'01,62Ac.~ ':'.2~;
73.2, Ac.:: 3.D%
156.86 Ac.::: e.5%
33.00 Ac.':. ~.4%
4.47 At.:; :2%
82.2, Ac.::
3.47 Ac.::
6.46 Ac.::
25.12 Ac.:t ~ .0%
33.24 Ac.::: ~ .411";'
0.69 Ac.:: 0.0%
13.& Ac.:
4.14 At.::
1.16 Ac.:
50.60 Ac.: 2.: %
5.25 Ac.: :),2%
1.26 Ac.: 0,1%
0,16 Ac.: 0.0%
12.70 Ac.:!: 0.5%
45.85 Ac.::!: 1.9%
1.55 Ac.:!:
10.81 Ac.::
5.67 Ac.:!:
,.42 Ac.::
1.98 Ac.:!: 0.1%
18.64 Ac.:!: O.7°~
13.,9 Ac.:
12.31 AC.:t
3.16 Ac.::
1920 Ac.:!:
623.68 Ac.:!:
32.50 Ac.::
2.60 AC.:t
9.79 Ac.::!:
0.72 Ac.:!:
1.45 Ac.::!:
5127 Ac.::
42.32 Ac.:t.
13,00 AC.:t
1243 Ac.±
5.04 Ac.=. 0.2°""
85.91 AC.:t
4.00 Ac.z.
20.80 Ac.:
3.31 Ac.:
199.96 Äc.:!:
14.50 Ac.:!:
4.30 Ac.:
17.84 Ac.:
82.89 Ac.:
57.00 Ac.:
15.77 Ac.:!:
0.63 Ac_:
27.26 Ac.:
1.76 Ac.:
92.99 Ac.:
, 9.27 Ac.':
3.01 Ac.:!:
13.44 Ac.:!:
55.04 Ac.::!:
6.34 AC.:I:
2.50 Ac.:
2.50Ac.:t
3.58 Ac.:!:
0.23 Ac.±
3.80 Ac.:!:
48.74 Ac.:!:
9.98 Ac.:!:
,.27 Ac.:
4.6:! Ac.· 0.2°"",
2416.08 Ac.: 100.0""
34%
:),1%
:J..4~~
0.6%
02%
0.0%
0.1%
0.4%
02%
O.,~.
0.5%
0.5%
c.",%
0.8%
25.8%
1.3%
0.1%
0.4%
0.0%
0.1%
2.1%
1.8%
0.5%
0.5%
3.6%
0.2°-"
C.9%
C.,%
8.3%
0.6%
02%
0.7%
3.4%
2.4%
0.7%
D.O%
L1%
0.1%
3.8',.
0.8%
0.1%
0.6%
2.3%
0.3%
0.1°",
0.'%
0.1%
0.0%
0.2%
2.0%
0.4%
0.1%
::;v.:;¡DNS DESIGNED BY Dot.TE H DRAWING No.:
A.W. 8 10 04
~.--;.. :oot: 8/10/0.4 CHECKED BY DATE ~ABAL BAY 04WCI1042
1/20/0!S K.C.P. 8/10/04 I EXHIBIT No.:
DRAWN BY DATE i!FE SPECIES LOCATION MAP
P.F.,W.C. 8/10/04 ! FIGURE 2
pine trees, while two to three percent occur in other species such as Australian pine (Casuarina
equisetifolia) and live oak (Quercus virginiana). The stature of nest trees decreases from north to
south (Wood 1987, Wood et al. 1989), and in extreme Southwest Florida, eagle's nest in black
(Avicennia germinans) and red mangroves (Rhizophora mangle), half of which are snags (Curnutt
and Robertson 1994). Nest trees in South Florida are smaller and shorter than reported elsewhere;
however, comparatively they are the largest trees available (Wood et al. 1989, Hardesty 1991). The
small size of nest trees in South Florida relative to other nest sites throughout the eagle's range is due
to the naturally smaller stature of Pinus elliottii, P. taeda, P. palustris, and P. clausQ in South
Florida, and the lack of pines (Pinus spp.) in extreme Southern Florida.
Bald eagles are monogamous and annual courtship behavior reinforces pair bonds (Palmer 1988).
Pair bond formation includes dramatic pursuit flights, high soaring, talon locking, and cartwheeling
(Johnsgard 1990). Eagle may also fly around the perimeter of their nesting areas visually
communicating their presence, further establishing their territories. Pair bond behavior, as well as
territory establishment and defense, probably occur concurrently throughout much' of the eagle's
range. Successful pair bond information ultimately leads to nest site selection and nest construction
for newly formed pairs or established pairs without nests. Pairs that have previously nested may
repair established nests or construct an alternate nest concurrent with copulation.
Nesting activities generally begin in early September in South Florida, with egg laying occurring as
early as late October and peaking in the latter part of December. Incubation may be initiated from as
early as October through as late as March, depending upon latitude. Clutches usually consist of one
or two eggs but occasionally three or four are laid. Incubation takes approximately 35 days and
fledging occurs within 10 to 12 weeks of hatching. Parental care may extend four to six weeks after
fledging even though young eagles are fully developed and may not remain at the nest after fledging
(USFWS 1989).
BALD EAGLE STATUS
The bald eagle is a federally and state listed "Threatened" species that has been protected since the
mid-1970s under the Endangered Species Act of 1973 (ESA) and Chapter 68A-27.004 Florida
Administrative Code. Management and recovery efforts for the species generally have included
actions to improve reproductive success and survival by: 1) reducing levels of persistent
organochlorine pesticides, such as DDT, occurring in the environment, and 2) habitat protection.
Habitat protection mèasures in Florida primarily have focused on protection of nesting territories
through implementation of the Habitat Management Guidelinesfor the Bald Eagle in the Southeast
Region (USFWS 1987) (Management Guidelines). Recovery goals for the bald eagle have been
achieved as a result of these and related management actions throughout the United States, and the
USFWS subsequently published a proposed rule in July 1999 to remove the bald eagle in the lower
48 states from the list of Threatened or Endangered wildlife. The Bald and Golden Eagle Protection
Act (BGEP A) will provide primary federal protection for bald eagles foUowing "delisting".
The FWCC documented 88 active bald eagle nesting territories in Florida during their initial surveys
of this species in 1973, and that number had increased to 391 active territories when the Management
4
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Guidelines were implemented in 1987. The recovery goal for Florida is 1,000 breeding pairs of bald
eagles, and the number of active nesting territories currently being surveyed annually in Florida
exceeds 1,133 territories (Nesbitt et al. 2003). Numbers of bald eagle nests that have been
documented in Lee County during this same general period have increased from six nests to
approximately 62 nests that were documented during the 2002-2003 nesting season. Peterson and
Robertson (1978) reported that historic numbers of breeding pairs of bald eagles in Florida were
likely "in excess of 1,000 breeding pairs," and the current population may now approximate historic
densities (Steve Nesbitt, FWCC, personal communications).
HISTORY OF MANAGEMENT GUIDELINES APPLICATION
The Management Guidelines generally have been applied through a coordinated effort of the
USFWS and FWCC by recommending certain restrictions to land use and development activities
within a Primary Zone (0 - 750 feet from nest tree) and Secondary Zone (750 - 1,500 feet from nest
tree) around each active nest tree. The nesting territory is considered to be that area that is within
1,500 feet of the nest tree. Activities that include timber cutting, land clearing, chemical application,
installation of infrastructure, and residential and commercial development generally are
recommended to not occur within the Primary Zone at any time of year. The nesting season is
considered to be October 1 through May 15 of each year, and the agencies generally recommend the
above-mentioned activities be restricted to occur only within the Secondary Zone and only during the
non-nesting season (May 16 - September 30). Nesbitt ef al. (1993) evaluated the effectiveness of the
Management Guidelines and concluded that bird use of nesting territories did not alter in response to
construction activities where the Management Guidelines were applied. The USFWS and FWCC
subsequently began modifying their recommended application of the Management Guidelines during
the mid-1990's and by 1997 had begun a standard practice of approving installation of infrastructure
(i.e., land clearing, grading, road construction, construction of storm water facilities, and installation
of utilities) within Secondary Zones but only during the non-nesting season. They also began
approving residential and commercial construction within Secondary Zones during the nesting
season at that time, but only in conjunction with a monitoring protocol to evaluate bald eagle
responses to construction activities and to evaluate these modifications to their application of the
Management Guidelines. Key to endorsement of exterior home construction within the Secondary
Zone during the nesting season was the provision of monitoring to provide data upon which these
modifications could be evaluated. Recommendations for monitoring have subsequently been
fonnalized as Bald Eagle Monitoring Guidelines (USFWS 2002).
Millsap ef al, (2002) provided further insight into the effectiveness of the Management Guidelines
for protecting nesting bald eagles from development and human related disturbances. Productivity of
bald eagles was compared at 60 "rural" nest sites (less than 5 percent of the land area within 1,500
meters of the nest was in intensive human use) with 60 "urban" nest sites (greater than 50 percent of
the land area within 1,500 meters of the nest was in intensive human use), and it was determined that
productivity was not significantly different between these nest site categories. They found that some
bald eagles successfully coexist with intensive human activity and recommended it was critical to
maintain suitable nesting sites (mature pine (Pinus sp.) trees) as refuges within green spaces where
human activity should be prohibited during nesting periods.
5
NEST LOCATIONS AND SITE CONDITIONS
Nest CO-009 is in the joint of a live slash pine tree located near the northwest side of the Saba! Bay
property in Section 23, Township 50 South, Range 25 East (Figure 2). The nest is approximately
1,900± feet west of Holly Avenue, 3,150± feet west of Kelly Road, and 2, 450± feet southeast of
Bayview Park (Exhibit A).
Nest CO-009A is in the joint of a live slash pine tree located approximately 740± feet offsite in an
out parcel on the west side of the project site in Section 26, Township 50 South, Range 2S East
(Figure 2). Nest CO-009A is approximately 1,200± feet south of Holly Avenue and 2,850 feet
southeast of bald eagle nest CO-009.
Alternate nest CO-024 was located in the joint of a live cypress tree on the east side of the Saba! Bay
property in Section 19, Township 50 South, Range 26 East. Following a strong cold front at the end
of March 2004, the nest fell from the tree. Nest CO-024A was located approximately 1,000 feet
northwest of nest site CO-024 and is believed to be the first reported alternate nest site for this
previously recorded territory. CO-024A was located approximately 2,1 OO± feet southwest of
Tamiami Trail East (D .S. 41). Directly south of the nest, approximately 1,600± feet, is undeveloped
and agricultural lands that are part of the Wentworth PDD.
Nest CO-028 is located in the joint of a large slash pine tree near the southern property boundary in
Section 36, Township 50 South, Range 25 East. The nest is surrounded by undeveloped land.
NESTING HISTORY AND OBSERVATIONS
Nesting history and direct nesting observations for CO-009, CO-009A, CO-024, and CO-024A were
obtained from FWCC and Kevin L. Erwin Consulting Ecologists, Inc. (KLECE). Passarella and
Associates, Inc. (P AI) conducted nesting observations of CO-009, CO-009A, and CO-024 for a
period of three to four times per week from February 27,2004 through March 30, 2004.
According to FWCC records and KLECE observations, bald eagle nest CO-009 was last active
during the 2000-2001 season. The nest was not utilized by eagles during the 2001-2002, 2002-2003,
or 2003-2004 nesting seasons. KLECE documented great homed owls in nest CO-009 during the
2002-2003 nesting season. An ecologist from P AI recorded no activity in the nest during surveys
conducted three to four times per week during the month of March 2004. Nest CO-009 has not been
documented as a breeding site by eagles for the last three consecutive nesting seasons. According to
FWCC records nest CO-009 was inactive during the 2002-2003 season. The FWCC stated that nest
activity was undetermined for the 2003-2004 season, due to a late flyover.
Nest CO-009A is believed to be the alternate nest site for the bald eagle 'breeding pair that occupy
territory CO-009. According to the KLECE observations, the CO-009 alternate nest was first
identified during the 2002-2003 nesting season. The nest was observed to be active during the 2002-
) 2003 and 2003-2004 seasons. Field observations by PAl made from approximately 1,20o± feet
6
southwest and 800± feet northeast of nest CO-009A, documented two adult bald eagles flying into
the nesting area from the northwest, west, and southwest. The adult eagles were observed flying
from the nesting area toward the northwest, west, and southwest during morning surveys. One
juvenile bald eagle was observed soaring over the nest on March 16, 2004. Nest CO-009A has been
undocumented by FWCC for the 2002-2003 and 2003-2004 nesting seasons.
Nest CO-024A was located by Passarella and Associates, Inc. during a site visit conducted in March
2004. Adult bald eagles were observed flying to and from the nest toward the northwest,
east/northeast, west, and south. Two adult eagles and two juvenile eagles were observed on the nest
on March 17,2004. One juvenile eagle was observed squatting in the nest, while the secondjuvenile
was observed flying to perch 300± feet northwest of the nest. The nest was observed to be
diminishing in size on March 30, 2004, as a result of a strong cold front which moved through the
area during the weekend of March 27,2004. During subsequent site visits it was noted that the nest
had fallen from the cypress tree. Nest CO-024A was located approximately 1,000 feet northwest of
nest site CO-024. The FWCC has documented nest CO-024A, located in a cypress tree, to be active
for the past two nesting season.
Nest CO-024 was first reported by the FWCC during the spring of 2001. On May 21, 2002
photographs were taken by KLECE documenting that the CO-024 nest had fallen from the pine tree.
On November 25,2003 and February 16,2004 KLECE confirmed that the nest had not been rebuilt.
Under the USFWS draft SLOPES guidance and Habitat Management Guidelines for the Bald Eagle
in the Southeast Region, nest CO-024 is considered "lost" as of the completion of the 2004-2005
nesting season. This lost nest determination is based on two consecutiye breeding seasons (2003-
2004 and 2004-2005) ofloss of nest.
Nest CO-028 was located during an aerial flyover event conducted by Passarella and Associates, Inc.
on March 18, 2004. No eagles were observed during the flyover event. No further observations
were recorded for CO-028. The FWCC documented nest CO-028 as active dUIing the 2002-2003
season, but inactive during the 2003-2004 nesting season.
BALD EAGLE MANAGEMENT PLAN FOR SABAL BAY
This BEMP is proposed as part of the project and is intended to facilitate construction of residential
featUIes of the proje~t while providing sufficient measures to minimize the potential for adverse
impacts to nesting bald eagles that could occur as a result of the proposed project. The project's site
plan with protection zones is attached as Exhibit 2.
Specific elements of the BEMP are as follows:
1. Infrastructure (grading; clearing; filling; paving; laying foundation; guttering; installation of
underground utilities, and excavation; and installation of storm water management facilities)
that will be constructed within 1,500 feet of the bald eagle nests will be installed during the
non-nesting season (May 16-September 30). Infrastructure installation shall begin early
during the non-nesting season, and any portion of such infrastructure installation that may
require completion activities to extend into the following nesting season and/or at such time
7
the bald eagle nest is active (courtship, nest tending, egg laying, incubation, brooding and/or
the fledging of the young is. occurring), such activities shall be accomplished under the
Monitoring Protocol. .
2. No buildings/structures shall be constructed within 750 feet of a bald eagle nest. The project
will only include surface water management areas, lakes and detention areas, within 750 feet
of a bald eagle nest. Project activities (grading, clearing, excavation, and installation of stonn
water management facilities) that will be constructed within 750 feet of the bald eagle nests
will be constructed during the non-nesting season (May 16-September 30). Any installation
that may require completion activities to extend into the following nesting season and/or at
such time the bald eagle nest is active (courtship, nest tending, egg laying, incubation,
brooding and/or the fledging of the young is occurring), such activities shall be accomplished
under the Monitoring Protocol.
3. Single-family residences shall be constructed no closer than 750 feet from a bald eagle nest.
Single-family residences constructed within 1,500 feet of nest shall not exceed 35 feet in
height from base flood elevation. Vertical, interior, and fInish construction may occur during
the non-nesting season as needed without monitoring. Vertical construction (e.g., framing,
laying foundation, siding, windows, roofIng, etc.) and heavy construction (grading, pouring
concrete (including driveways), painting other than by hand, etc.) occurring within 1,500 feet
of a nest and during the nesting season shall be accomplished under the Monitoring
Protocol. Interior and finish construction that is deemed not to be heavy construction by the
USFWS may continue during the nesting season within 1,500 feet without monitoring.
4. Multi-family residences shall be constructed no closer than 750 feet from a bald eagle nest.
Multi-family residences constructed within 1,500 feet of nest shall not exceed 50 feet in
height from base flood elevation. Vertical, interior, and finish construction may occur during
the non-nesting season as needed without monitoring. Vertical construction (e.g., framing,
laying foundation, siding, windows, roofing, etc.) and heavy construction (grading, pouring
concrete (including driveways), painting other than by hand, etc.) occurring within 1,500 feet
of a nest and during the nesting season shall be accomplished under the Monitoring
Protocol. Interior and fmish construction that is deemed not to be heavy construction by the
USFWS may continue during the nesting season within 1,500 feet without monitoring.
5. Mid-rises shaJ.I be constructed no closer than 1,500 feet from a nest.
6. The use of any chemicals which are known to be toxic to wildlife shall be prohibited within
750 feet of a bald eagle nest, and chemicals used for purpose of controlling invasive exotic
plants shall be prohibited around the base of the nest tree.
7. Outdoor lighting installed within 750 feet of a bald eagle nest shall be subdued, shielded, and
directed away from the nest tree.
8, Habitat features within the project that may be utilized presently or in the future by bald
/ eagles for nesting, foraging, roosting, and/or perching shall be protected. Should the project
8
~..."_....-,,-,,..,t>"_~
require the removal or alteration of habitat features used by bald eagles within the project
limits, the applicant shall request permission from USFWS. The applicant must supply proof
through site plans or other mèans that the feature can not be protected versus removed or
altered.
9
\iO_U.__
REFERENCES
Anthony, R.G. and F.B. Isaacs. 1989. Characteristics of bald eagle nest sites in Oregon. Journal of
Wildlife Management 53(1): 148-159.
Curnutt, 1.L and W.B. Robertson, Jr. 1994. Bald eagle nest site characteristics in south Florida.
Journal of Wildlife Management 58(2):218-221.
Gerrard, 1.M., P.N. Gerrard, W.J. Maher, and D.W.A. Whitfield. 1975. Factors influencing nest site
selection of bald eagles in northern Saskatchewan and Manitoba. Blue Jay 33(3): 169-176.
Grier. J.W. 1.977. Quadrat sampling of a nesting population of bald eagles. Journal of Wildlife
Management 41 :438-443.
Hardesty, J.1. 1991. Conservation of coastal nesting bald eagles in Florida: history, demography,
and habitat use. Unpublished Masters Thesis, University of Florida; Gainesville, Florida.
J ohnsgard. P .A. 1990. Hawks, Eagles, and Falcons of North America. Smithsonian Institution Press;
Washington, D.C.
King, 1., F. Robards, and C. Lensink. 1972. Census of the bald eagle breeding population in
southeast Alaska. Journal of Wildlife Management 36:1292-1295.
McEwan, L.C. and D.H. Hirth. 1979. Southern bald eagle productivity and nest site selection.
Journal of Wildlife Management 43:585-594.
Millsap. B., L. Phillips, L. McConnell, N, Douglass. S. Taylor, J. Jones, T. Breen. and T. Steffer.
2002. Comparative fecundity and survival of bald eagles fledged from suburban and rural
natal areas. WCC Annual Performance Report.
Nesbitt, S.A., MJ. Folk, and D.A. Wood. 1993. Effectiveness of bald eagle habitat protection
guidelines in Florida. Proc. Annu. Conf. SEAFW A. Pp. 333-338. '
)
10
REFERENCES (continued)
Nesbitt, S.A., lA. Bozzo, N.J. Douglass, K. Lamonte, P.S. Kubilis, T.W. Regan, S.T. Schwikert,
and lH. White. 2003. Bald eagle population monitoring. FWCC Annual Performance Report.
Palmer, R.S. 1988. Handbook of North American Birds, Volume 4. Yale University Press; New
Haven, Connecticut.
Peterson, D.W. and W.B. Robertson, Jr. 1978. Threatened southern bald eagle. Pages 27-30 in:
H. W. Kale II, ed. Rare and endangered biota of Florida: volume two, birds.. University
Presses Florida; Gainesville, Florida.
Robards, R.C. and J. G. King. 1966. Nesting and productivity of bald eagles, southeast Alaska, 1966.
D.S Fish and Wildlife Service; Juneau, Alaska.
U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the
Southeast Region.
U.S. Fish and Wildlife Service. 1989. Southeastern states bald eagle recovery plan, U~S. Fish and
Wildlife Service; Atlanta, Georgia.
u.s. Fish and Wildlife Service. 1999. Multi-species recovery plan for south Florida. U.S. Fish and
Wildlife Service, Vero Beach, Florida.
U, S. Fish and Wildlife Service. 2002. Bald Eagle Monitoring Guidelines.
Weêkes, F .M. 1974. A survey of bald eagle nesting attempts in southern Ontario, 1969-1973.
Canadian Field Naturalist 88(4):415-419. .
Whitfield, D.W.A., lM. Gerrard, W.J. Maher, and D.W. Davis. 1974. Bald eagle nesting habitat,
density and reproduction in central Saskatchewan and Manitoba. Canada Field Naturalist
88(4):399-407.
11
¡
REFERENCES (continued)
Wood, P.B., T.C. Edwards, and M.W. Collopy. 1989. Characteristics of bald eagle nesting habitat in
Florida. Journal of Wildlife Management 53(2): 441-449.
Wood, P.B. 1987. Distribution, ownership status, and habitat characteristics of bald eagle nest sites
in Florida. Final report Nongame Wildlife Project 85-020, Florida Game and Fresh Water
Fish Commission; Tallahassee, Florida.
)
12
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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 2005-59
Which was adopted by the Board of County Commissioners
on the 15th day of November, 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of November, 2005.
.,1'" "" .
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DWIGHT E. BROCK .~,\{ ,.'.... "':I..",
Clerk of Courts a~~~'Clerk,_. "-".75"'\
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Ex-officlo ~o ~oa~' ~<g~ ' ~:.;~} ~ >~ ~
County Commlsslon~.SS,,!,':'~'" ~ ; p:: :
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By: Ann Jennejohn,
Deputy Clerk