CCPC Resolution 2018-01 (PDI-PL20170003546) - Resolution of DenialCCPC RESOLUTION NO. 18 —
A RESOLUTION OF THE COLLIER COUNTY PLANNING
COMMISSION DENYING PETITION NO. PDI-PL20170003546 FOR AN
INSUBSTANTIAL CHANGE TO THE SABAL BAY MIXED USE
PLANNED UNIT DEVELOPMENT (MPUD), ORDINANCE NO. 05-59, AS
AMENDED, TO REDUCE THE MINIMUM FLOOR AREA FOR MULTI-
FAMILY DWELLINGS (EXCLUDING TOWNHOUSES) FROM 700
SQUARE FEET TO 551 SQUARE FEET, FOR UP TO
APPROXIMATELY 15 PERCENT OF THE TOTAL DWELLING UNITS
ON TRACT 1 OF THE SABAL BAY COMMERCIAL PLAT—PHASE
ONE SUBDIVISION. THE SUBJECT PROPERTY IS LOCATED ON THE
NORTH SIDE OF THOMASSON DRIVE, APPROXIMATELY 500 FEET
WEST OF U.S. 41 EAST, IN SECTION 24, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
±34.19 ACRES.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the Collier County Planning Commission is authorized by the Board of
County Commissioners to grant insubstantial changes to PUD Ordinances in accordance with
Subsection 10.02.13.E.2 of the Land Development Code; and
WHEREAS, on January 18, 2018, the Collier County Planning Commission held a
properly noticed public hearing to consider the advisability of granting Petition No. PDI-
PL20170003546 for the requested insubstantial change to the Sabal Bay MPUD; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Commission in public meeting assembled and the Commission having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING
COMMISSION OF COLLIER COUNTY, FLORIDA, that:
Petition No. PDI-PL20170003546 filed by D. Wayne Arnold, AWP. of Q. Grady Minor
and Associates, on behalf of Continental 422 Fund LLC, with respect to the property described
in Ordinance No. 05-59, as amended, the Saba] Bay Mixed Use Planned Unit Development, is
hereby DENIED in accordance with the transcript of the proceedings of the public hearing held
before the Collier County Planning Commission on January 18, 2018.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
[17 -CPS -01723/1389347/1 ]92 1118/18 1 od
v
This Resolution of Denial adopted due to failure of majority vote for approval on the 18`x'
day of January, 2018.
ATTEST:
COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY, FLORIDA
Thaddeus Cohen, Department Head Karen omiak, ice -Chair
Growth Management Department
Approved as to form and legality:
Scott .Stone
Assistant County Attorney
[17 -CPS -01723/1389347/1192 1/18/18
9
Sabal Bay PUD
Revised PUD Language
SECTION III
111* I1 Wil"I
*** *** *** *** *** Textbreak *** *** *** *** ***
3.5 DEVELOPMENT STANDARDS
TABLE I: SABAL BAY MPUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA
Words underlined are additions; words su uek-tH.eugk are deletions
Sabal Bay PUD, PL20170003546 Last Revised 1212012017
Exhibit A
Page I of 2
a
0
SINGLE
MULTIFAMILY/
SINGLE
ZERO LOT
TWO
FAMILY
TIMESHARE
CLUBHOUSE/
ALFs
SETBACK
FAMILY
LINE
FAMILY/
ATTACHED/
DWELLINGS
RECREATION
CCRFs
DETACHED
DUPLEX
TOWNHOME
(EXCLUDING
BUILDINGS
TOWNHOUSES
PRINCIPAL
STRUCTURES10
3,500 SF
Minimum Lot Area
5,000 SF
4,000 SF
per lot or
2,600 SF
N/A
10,000 SF
Per Section
unit
3.5 B
Minimum Lot Widths
40'
35'
35' per lot or
20'
N/A
N/A
N/A
unit
15' or .5 BH,
whichever is greater,
Front Yard Setback°
15'
15'
15'
15'
and a minimum of 75
20'
Per3Secttion
feet from the PUD
perimeter bound
15' or .5 BH,
Front Yard for Side`
whichever is greater,
Entry Garage
10'
10'
10'
10'
and a minimum of 75
N/A
N/A
feet from the PUD
perimeter boundary.
15' or .5 BH,
Rear Yardl
whichever is greater,
Per Section
10'
10'
10'
10'
and a minimum of 75
15'
feet from the PUD
3.5
perimeter bound
15' or 50% of BH,
whichever is greater,
per Section
Side Yard
5'
0' or 5'3
0' or 5'1
0' or 5'3
and a minimum of 75
10'
feet from the PUD
3 5 B
perimeter boundary '
From Preserve)
25'
25'
25'
25'
25'
25'
25'
Maximum Height'
35'
35'
35
35'
50' above FEMA
55,
Per Section
elevation
3.S.B
Floor Area Minimum
(SF)
1200 SF
1200 SF
1200 SF
1200 SF
700 SF"
N/A
Minimum Distance15'
10'
10'
10'
10'
or.5 SBH,
15' or.5 SBH,
Between
whichever is
whichever is
SBH,
Words underlined are additions; words su uek-tH.eugk are deletions
Sabal Bay PUD, PL20170003546 Last Revised 1212012017
Exhibit A
Page I of 2
a
0
Sabal Bay PUD
Revised PUD Language
Principal Structures°
greater4.9
greater4
whichever is
reaterl
ACCESSORY
STRUCTURES10
Front
SPS
SPS
SPS
SPS
SPS
SPS
SPS
Side
SPS
SPS
SPS
SPS
SPS
SPS
SPS
Rear
5'
5'
1 5'
5'
5'
10'
to,
From Preserve
10'
10'
101
10'
10'
10'
10'
Minimum Distance
Between Accessory
0' or 10'
W or 10'
0' or 10'
0' or 10'
0' or 1014
0' or 1014
0' or 10'
Structures on same lot
Minimum Distance
Between Accessory
And Principal
War 10'
War 10'
0' or 10'
0' or 10'
0' or 1014
0' or 1014
0' or 10'
Structures on same lot
Maximum Height
SPS
SPS
SPS
SPS
50'
SPS
80'
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 from the
adjacent right-of-way line.
*1 - Setback from lake easements for all accessory uses and structures may be 0 feet. Setback from preserve areas shall be 25 feet
for principal structures 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 lots 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 ten foot (10') 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." Actual height of
structures in Single Family Detached. Zero Lot Line, Two Family/Duplex, and Single Family Attached/Townhome categories
shall not exceed forty-five feet (45'). Multi-family/timeshare structures within Tract R, as depicted on the MPUD
Master Plan (Exhibit "A") shall have a maximum height of 10 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 front yard setback 23 feet, as measured from the back of sidewalk. Side loaded
garages may be located less than 23 feet from 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 R8.
*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 or CCRC; however, the maximum floor area ratio
(FAR) is .60. The ALF/CCRC use is prohibited in the R2 -B, R5, and R7 areas.
*9 - Minimum separation between parking decks under mid -rise structures shall not be less than 60 feet.
*10 - 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 applicable provisions in effect at the time or permitting.
*11 %4_1.: f .-.:1.. d.....11: _...... b.. 1.........A _.. r_.._. I c_L..i n_.. r.___.__.._:..i n1_. m._.._ �__ nn oG nr o, 04
Words underlined are additions; words � are deletions
Sabal Bay PUD, PL20170003546 Last Revised 12120/2017 Page 1 of 2