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Ordinance 2021-04 ORDINANCE NO. 2021- 0 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 05-59, AS AMENDED, THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT, AND AMENDING ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 102.49± ACRES OF LAND ZONED RURAL AGRICULTURAL (A), RURAL AGRICULTURAL WITH A SPECIAL TREATMENT OVERLAY (A-ST), RESIDENTIAL SINGLE FAMILY-THREE (RSF-3) AND RESIDENTIAL SINGLE FAMILY-THREE WITH A SPECIAL TREATMENT OVERLAY (RSF-3-ST) TO THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT (MPUD); BY AMENDING THE PUD DOCUMENT AND MASTER PLAN TO ADD 102.49± ACRES DESIGNATED AS TRACT R9 FOR RESIDENTIAL DEVELOPMENT; TO ADD 230 DWELLING UNITS FOR A TOTAL OF 2,229 DWELLING UNITS IN THE MPUD; TO REVISE THE MASTER PLAN AND CONCEPTUAL WATER MANAGEMENT PLAN; AND TO ADD A MASTER SITE PLAN FOR THE R9 TRACT. 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 2,518.98+/- ACRES; AND PROVIDING AN EFFECTIVE DATE. [PL20190002305] WHEREAS, on November 15, 2005, the Board of County Commissioners approved Ordinance No. 05-59 which established the Sabal Bay Mixed Use Planned Unit Development (PUD); and WHEREAS, the PUD was amended by Ordinance Nos. 12-12 and 17-49; and WHEREAS, Jennifer Sapen AICP of Barraco and Associates Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Minto Sabal Bay, LLC, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance No. 05-59, as amended, the Sabal Bay Mixed Use Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [19-CPS-01960/1598673/1]257 Sabal Bay MPUD/PL20190002305 1 of 2 1/22/21 SECTION ONE: CHANGE TO ZONING CLASSIFICATION The zoning classification of approximately 102.49+ acres of the herein described real property located in Sections 23 and 26, Township 50 South, Range 25 East, Collier County, Florida is changed from Rural Agricultural (A), Rural Agricultural with a Special Treatment Overlay (A-ST), Residential Single Family-Three (RSF-3) and Residential Single Family-Three with a Special Treatment Overlay (RSF-3-ST) zoning districts to a Mixed Use Planned Unit Development (MPUD) zoning district to be added together with the existing Sabal Bay MPUD, for a 2,518.98+ acre project known as the Sabal Bay MPUD in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: AMENDMENTS TO THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 05-59, AS AMENDED The PUD Document attached hereto as Exhibit A to Ordinance No. 05-59, as amended, is hereby amended and replaced with the Exhibit A attached hereto and incorporated herein. SECTION THREE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 1(v' day of J GI ti a cL71,1 , 2021. ATTEST: BOARD OF •UNTY COMMISSIONERS CRYSTAt K,KINZEL, CLERK COLLI I s NTY, FLO0.... By: 'Qii"1-8 ?ilt$to ChaftitittClerk Penny Taylor, Chairman • ure Oilyy. Approved,as to form And legality: This 'ordinance filed with the �� At A - `_�r(�V Secr tart' of ('s cte's Office the ofia_•.r . . =. • Heidi Ashton-Cicko2t45 day � cnd acknowledgement . that Managing Assistant County Attorney thin r ceiyad this - i day of 36a.f Attachment: Exhibit A - PUD Document with Exhibits thvvty Cie* [19-CPS-01960/1598673/1]257 Sabal Bay MPUD/PL20190002305 2 of 2 1/22/21 Sabal Bay A MIXED-USE PLANNED UNIT DEVELOPMENT 2,416.49 2,518.98 ±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, CollierCounty, Florida PREPARED FOR: CDC Land Investments, Inc. and Collier Land Development, Inc. 2550 Goodlettc Road North, #100 Naples, FL 34103 Minto Sabal Bay, LLC 4400 W. Sample Road, Suite 200 Coconut Creek, FL 33073 PREPARED BY: 3200 Bailey Lane, Suite 200 Naples, FL 34105 Barraco and Associates, Inc. 2271 McGregor Boulevard, Suite 100 Fort Myers, FL 33901 And Roctzcl and Andress 850 Park Shore Drive: Trianon Centre, 3Floor Naples, FL 34103 Richard D. Yovanovich Coleman, Yovanovich,Koester P.A. 4001 TamiamiTrailNorth, Suite 300 Naples, FL 34103 EXHIBIT "A" Words underlined are additions; wer-ds-stfuele through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I LEGAL DESCRIPTION, GENERAL DESCRIPTION 1-1 AND DENSITY SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL("R") 3-1 SECTION IV RECREATION/VILLAGE CENTER ("REC/VC") 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 EXHIBIT D SIGN PLACEMENT—FLAGPOLE PER PUD SECTION 2.17.A.6 EXHIBIT E MASTER SITE PLAN FOR R9 TRACT Words underlined are additions; through are deletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the applicants, CDC Land Investments, Inc., and Collier Land Development. Inc., hereinafter referred to as the Owners,to create a Mixed-Use Planned Unit Development (MPUD) on 2,416.49 2,518.98 ± acres of land 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 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. 2. a) The proposed residential density of Sabal Bay is 0 5 0.91 dwelling units (DUs) per acre, 1,999 2,229 units/2,3-50 2,453 acres, which excludes the 50 acres of commercial uses, and the 16 acres of recreation/village center uses. 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 Coastal High Hazard Zone, one(1)dwelling unit is subtracted from the base density permitting a maximum density of three (3) dwelling units per acre. Ti.b) mbined density ,7 n ntensity within this PUD shall not exceed the , Collier County on the date of adoption of this PUD. Specifically, this PUD is limited to a 0 > > > use exceeds one hundred percent(100%)of the DRI threshold for that use. Further,i In no case shall commercial uses, inclusive of the existing 101,894 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. d) Commercial uses within the Recreation/Village Center District are consistent with FLUE Map -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 Recreation/Village 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. ii Words underlined are additions; wordsthrough aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 of the 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 Owners are 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, and further amended on April 22, 2008 and June 22, 2010 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, 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. SHORT TITLE This ordinance shall be known and cited as the "SABAL BAY PUD MIXED-USE PLANNED UNIT DEVELOPMENT ORDINANCE". Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 SECTION I LEGAL DESCRIPTION, GENERAL DESCRIPTION, AND DENSITY 1.1 PURPOSE The purpose of this Section is to set forth the legal description 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 of 2,416.49 2,518.98 ±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, RSF-3 - Residential, RSF-3-ST, Residential Special Treatment Overlay, A - Agriculture, and A-ST- Agriculture Special Treatment Overlay C. Elevations within the subject property are approximately 8 to 11 feet above MSL. Finished floor elevations within the Sabal Bay development will be set in accordance with the FEMA Flood Elevation or SFWMD ERP in effect at the time of development permitting, whichever is greater. 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. E. The soil types on the subject property include a variety of hydric and non-hydric soils listed in EIS. 1-1 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 F. The subject property is located within the Lely Main Canal, Lely Manor Canal and Miscellaneous Coastal drainage basins. 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. 1.4 DENSITY A. A maximum of 4-999 2,229 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office (C/O) development and Village Commercial (REC/VC) is approximately 2 3500 2,453 acres. The gross project density shall be a maximum of 0 0.91 dwelling units per acre. 1-2 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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, 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 101,894 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 from East Tamiami Trail (US 41), Thomasson Drive, Hamilton Avenue 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 determined 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. 2-1 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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, and amended April 22. 2008 and June 22, 2010, between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. In addition, 101,894 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 that 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) of 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 10.02.03(B) of the 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 DRI 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. 2.4 ROADWAYS A. Roadways within the Sabal Bay MPUD shall be privately and/or CDD owned and maintained, except for Thomasson and Cardinal Way, 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 2-2 Words underlined are additions; _-•o through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 MPUD or approved during subdivision plat approval. The Owners reserve the right to request substitutions to design standards in accordance with Subsection 10.02.04(A)(3)of the LDC. The Owners retain the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Owners on all internal and privately owned and maintained proj ect roadways. B. Roadways within the Sabal Bay MPUD shall be designed and constructed in accordance with Chapter 10 ofthe LDC with the following substitutions: 1. Streets and access improvements a. Street Right-of-Way Width: At the discretion of the Owners, 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.Additionally,in specific cases where development roadways cross potential wetland or upland preserves,the Owners shall have the ability to reduce the required right-of-way width below the current 50-foot minimum to a width of no less than 40 feet. 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(J)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. d. In specific cases where development roadways cross potential wetland or upland preserves,the Owners shall have the ability to utilize rip-rap back slope treatment with a slope no steeper than 2:1, and for a maximum height of 36 inches for the length of the roadway crossing, a deviation from Section 4.06.05.j. Owners may utilize structural retaining wall to minimize potential wetland or upland impacts for backfill elevations exceeding 36 inches in height for the length of the roadway crossing. In these specific cases, a guard rail system designed to withstand vehicular impact will be provided. 2-3 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 2.5 SIDEWALKSBIKEPATHS,BIKE LANES A. Sidewalks: All privately and/or CDD owned roads internal to the Sabal Bay MPUD shall have a minimum five foot (5') 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. This constitutes a deviation from LDC Subsection 6.06.02.A which requires arterial and collector roadways to provide a six foot(6')wide sidewalk on both sides of the street. B. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: 1. 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 ofencroachment. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 22-122(1) of the Collier County Code of Laws and Ordinances may be reduced subject to the provisions established in Section 22- 122(1) 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 22-122(3) of Collier County Code of Laws and Ordinances, and subject to permit approval from the South Florida Water Management District. Removal of fill and rock from the Sabal Bay MPUD shall be administratively permitted to an amount up to ten (10) percent (20,000 cubic yards maximum),unless the project is issued a commercial excavation permit. 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 or farmed. Prior to stockpiling in these locations, the Owners shall notify the County Manager or his designee and shall demonstrate compliance with the following standards: 1. 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') from any existing residential unit or residential unit under construction. This excludes fill storage areas associated with the Lely Area Surface Drainage Improvements Project. 2-4 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 4. Soil erosion control shall be provided in accordance Subsection 10.02.02.0 of the LDC. 5. Stockpiles with side slopes greater than 4:1 shall be fenced with childproof fencing. 2.8 USE OF PRIVATE AND/OR CDD 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 sports memberships such as,but not limited to, pavilions, viewing platforms, 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 permit required. B. Temporary use permits 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 sports club memberships. 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 refinements as described in Section 8.3 C of this Document, may be made by the Owners in connection with any type of development or permit application required by the LDC. 2-5 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 2.11 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a Community Development District (CDD) established pursuant to Chapter 190, Florida Statutes, or by a property owners' association. For those areas not maintained by a CDD, the Owners 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: 3:1 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: 1. Perimeter fences or walls and fences and walls separating commercial uses in the CO1, CO2, and CO3 areas from residential areas shall be permitted at a height of up to eight feet(8'), on top of a berm of up to four feet(4'). This constitutes a deviation from Subsection 5.03.02.0 of the LDC. 2. All other fences or walls shall not exceed a height of six feet (6') as measured from 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 from the top of the berm and the combination of berm and fence shall not exceed eight feet (8'), as measured from existing grade. 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. 2-6 Words underlined are additions; through are deletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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. D. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 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 GM P. B. The Sabal Bay MPUD is a planned community and shall be developed under unified control. The Owners 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 Owners and residents of the Sabal Bay MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. 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. 6. Community and neighborhood parks,recreational facilities. 2-7 Words underlined are additions; wordsthrough aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 7. Temporary construction, sales, and administrative offices for the Owners and Owners' authorized contractors and consultants, including necessary access ways,parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.12 of this Document. 9. Outside storage areas for recreational vehicles, trailers, and similar uses for the use by the project's residents and guests, excluding boats, in the R5 area only. If this use is provided,the Owners shall install an eight-foot(8')high wall or fence on top of a four- foot(4')berm for screening/buffering purposes prior to any storage use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. 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% of the entire MPUD. The MPUD Master Plan identifies preserves, lakes, recreation tracts,including 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.O1B of the LDC for mixed-use developments. 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the 2-8 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of 537.61 563.01 acres (25% of the 2,150.45 2,252.02 ± acres of native vegetation on site) is required to be retained or replanted. For the purposes of this MPUD, the Preserve Tracts, which equal 64 59% ± (1,302 1,332 acres) of the 2,150.45 2,2 5 2.0 2 ± acres of native vegetation occurring on site,will fully satisfy the native vegetation requirements of Collier County. No other vegetation relocation or revegetation is required. Of the 2,416.49 2,518.98 ± acres on the project site, 266.0496 ± 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 and 0.92 acres of Tract R9 addition. 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. 1. Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract, 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 Owners' 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 5.06.02.B.6 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, Hamilton Avenue 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 Owners' 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 5.06.02 and 5.06.04 which limits such signs to 64 square feet. 3. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan(Exhibit"A"). The sign face 2-9 Words underlined are additions; wo through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 Owners' name and logo. 4. In the case of commercial development within the REC/VC 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. 6. Project identification flagpoles may be located throughout project. Internal project identification flagpoles must be located on light poles, shall not exceed 8 square feet (34" height, 30" width), and must be setback a minimum of 20' from a public right of way.Flagpole sign,text and graphical representation may be altered from what is shown on Exhibit"D", Signage Plan and Single Family Lot Detail. Future development phases will follow similar intensities and frequency as the sign placement represented on Exhibit "D". [Approved in HEX Decision No. 14-08] 2-10 Words underlined are additions; wo through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 SECTION III RESIDENTIAL 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 "R", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 47999 2,229 approved residential dwelling units may be constructed on lands designated "R" Residential on the MPUD Master Plan. For purposes of project density, 4 ALF/CCRC units shall constitute 1 residential dwelling unit. However, the maximum density on tract R/8 is limited to 390 dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R," Residential, 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"R",Residential, 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. Residential tracts are designed to accommodate internal roadways,open spaces,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: 1. Single family attached and detached dwellings,townhomes. 2. Single family and zero lot line dwellings. 3. Two-family and duplex dwellings. 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 R4, depicted on Exhibit"A", multi- 3-1 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20 190002305/2020-12-8 family buildings shall be permitted 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. Multi-family is prohibited in the R9 Tract. 5. Timeshares, which shall not be counted as temporary lodging units but which shall be counted as residential dwelling units. Timeshares are prohibited in the R9 Tract. 6. Model homes and model home centers including offices for project administration, construction, sales and marketing. 7. Assisted living facilities (ALF) and/or continuing care retirement communities (CCRC) 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 or CCRC). 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 determined to be necessary to serve the residents of the ALF or CCRC, their guests, and the facility employees. ALF and/or CCRC are prohibited in the R2-B, R5, and R7, and R9 areas as indicated on the MPUD Master Plan. 8. Recreational facilities such as parks,playgrounds, and pedestrian/bikeways B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. 2. Community related recreational facilities and structures including clubhouses, health and fitness facilities, restaurants, cocktail lounges, pools, meeting rooms, community buildings, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve community residents and their guests. 3. Community maintenance facilities,water management facilities,and utility and maintenance structures and staff offices. 4. Boardwalks, nature trails, shelters, viewing piers, viewing platforms, educational signs, kiosks, elevated paths, and docks or platforms for launching and mooring or storage of non-motorized vessels utilizing movable storage racks. Electric boats are an allowed accessory use. 3-2 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Sabal Bay MPUD Residential 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 or CCRC use.The ALF or CCRC use is prohibited in the R2-B, R5, and R7, and R9 areas depicted on the MPUD Master Plan. 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. 1. Minimum Lot Size: 1 acre. 2. Minimum Yard Requirement: i) Front:one-half(1/2)the height of the principal structure ii) Side: one-half(1/2)the sum of the height of principal structures,except no setback shall be required from any lake easement. iii) Rear: one-half(1/2) the height of the principal structure, except that no setback shall be required from any lake easement. iv) Setback from U.S.41: same as height of the principal structure 3. Floor Area Ration: 0.60 FAR. 4. Maximum height:not to exceed a zoned height of 60 feet and an actual height of 75 feet. 5. Any ALF or CCRC constructed along U.S. 41 will provide a Type C buffer, 20 foot wide, opaque within one year, with a six-foot wall, fence, hedge or berm or combination thereof and two staggered rows of trees spaced no more than 30 feet on center along with a single row shrub. Trees shall be 14 feet tall at time of planting and shrubs shall be 24 inches tall at time of planting. 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 principle structures. 3-3 Words underlined are additions; through are deletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 TABLE I: SABAL BAY MPUD DEVELOPMENT STANDARDS FOR"R" RESIDENTIAL AREA MULTI FAMILY/t 1 SINGLE ZERO TWO SINGLE FAMILY TIMESHARE CLUBHOUSE/ ALF SETBACK FAMILY LOT FAMILY/ ATTACHED/ DWELLINGS RECREATION 8 DETACHED LINE DUPLEX TOWNHOME (EXCLUDING BUILDINGS CCRC'S TOWNHOUSES) PRINCIPLE STRUCTURES'° Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 2,600 SF N/A 10,000 SF Per Section per lot or 3.5 B Minimum Lot Width 2 40' 35' 35'per lot 20' N/A N/A N/A or unit 15'or.5 BH,whichever Front Yard Setback 6 15' 15' 15' 15' is greater,and a minimum 20' Per Section of 75 feet from the PUD 3.5 B perimeter boundary 15'or.5 BH,whichever Frond Yard Side 6 10' 10' 10' 10' is greater,and a minimum N/A N/A Entry Garage of 75 feet from the PUD perimeter boundary 15'or.5 BH,whichever Rear Yard 1 10' 10' 10' 10' is greater,and a minimum 15, Per Section of 75 feet from the PUD 3.5 B perimeter boundary 15'or 50%of BH, whichever is greater and a Side Yard 5' 5.3 5,3 5,3 minimum of 75 feet from 10' Per Section the PUD perimeter 3.5 B boundary 4 From Preserve t 25' 25' 25' 25' 25' 25' 25' 50'above FEMA Per Section Maximum Height 5 35' 35' 35' 35' 5r7 55' 3.5 B elevation Floor Area Minimum 1,200 SF 1,200 SF 1,200 SF 1,200 SF 700 SF N/A N/A s (SF) Minimum Distance 15'or.5 SBH, 15'or.5 SBH, 15'or.5 SBH,whichever Between 10' 10' 10' 10' 4r9 whichever is whichever is Principal Structures 4 is greater greater 4 greater 4 ACCESSORY STRUCTURES1° 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 t 10' 10' 10' 10' 10' 10' 10' Minimum Distance Between Accessory 0'or 10' 0'or 10' 0'or 10' 0'or 10' 0'or 10'4 0'or 10'4 0'or 10' Structures on same lot Minimum Distance Between Accessory 0'or 10' 0'or 10' 0'or 10' 0'or 10' 4 4 0'or 10' and Principal 0'or 10' 0'or 10' Structures on same lot Maximum Height SPS SPS SPS SPS 50' SPS 80' 3-4 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 3.0 5.0 7. 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 (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 Tracts-R4,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,anti R7,and R9 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. The Multi-family use is prohibited in the R9 Tract. 3-5 Words underlined are additions; wordsthrough aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 SECTION IV RECREATION VILLAGE 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 REC/VC, "Recreation Village Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the REC/VC Tract is indicated on the 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 Section 10.02.03 and Section 10.02.04 of the LDC. The REC/VC 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 permitted principal use, and essential services. The REC/VC 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 permitted pursuant to FLUE Map 11 that establishes exempt commercial areas within the boundaries of the MPUD which have been determined to be consistent by policy(FLUE Policy 5.9). Regardless of the ultimate mix of uses, in no case shall this MPUD exceed-DP4 thresholds in Statement of Compliance 2.b).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 Owners shall provide the County with incremental development information, including the aggregate commercial square footage within the REC/VC 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. 4.3 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: 1. Recreational facilities and structures such as, but not limited to, pools, tennis courts, health and fitness facilities, clubhouses, pro shops, meeting rooms, community buildings,playgrounds, playfields, docks, and electric boats. 2. Commercial banks(Groups 6021-6029 drive-through facilities are prohibited). 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). 4-1 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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(Group5499). 12. Gasoline service stations,except truck stops(Group 5541). 13. Apparel and accessory stores - 2,500 square feet maximum floor area(Groups 5 61 1 -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). 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). 4-2 Words underlined are additions; wo through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 7011 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 than 250 temporary lodging units shall be permitted within the entire MPUD). 32. Timeshares,which shall not be counted as temporary lodging units but which shall be counted as residential dwelling units. 33. Miscellaneous Retail Stores,not elsewhere provided for above (Groups 5699, 5999), whether accessory to a hotel,motel, clubhouse, or independent. 34. 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. 35. Carwashes (Group 7542) 36. United States Postal Service (Group 4311) B. Permitted Accessory Uses and Structures 1. Customary accessory uses or structures incidental to recreation and village center areas and, or facilities, including structures constructed for purposes 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. 4-3 Words underlined are additions;wefds-s.tmelt through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 accessory 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 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 4-4 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 50 ± acre Commercial/Office Areas (Tracts C/O1, C/02 and C/03), shall be developed with an amount of commercial/office square footage that will not exceed the individual DRI thresholds in Statement of Compliance 2.b). Total retail or other uses on the C/O1 and C/02 shall not exceed 122,000 square feet of retail and 60,000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPI D e seed DRI thresholds mtablishcd 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 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 : 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. ' Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. 5-1 Words underlined are additions;we- through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 Words underlined are additions;_-'o�through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 permitted in total within the REC/VC District and TractC/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 computerrelated services, not including Group 7371 - prepackaged software 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, Photofinishing laboratories. 5-3 Words underlined are additions; wow through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 ofinedicine; 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; 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. 5-4 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20 190002305/2020-12-8 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 bookkeepingservices e. 8732 - Commercial economic, sociological, and educational research f. 8741 -Management services g. 8742 -Management consulting services h. 8743 -Public relations services i. 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/01 and C/02 Tracts. Residential dwelling units shall be counted toward the maximum 4499 2,229 allowable residential dwelling units.A maximum of 390 units shall be permitted within the combined Tracts R8, C/01 and C/02. The commercial allowed per DRI thresholds. Regardless of the ultimate mix of uses, in no case 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 The mixed residential and commercial uses shall be subject to the following criteria: 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 5-5 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 e. Residential and commercial uses shall not occupy the same floor of a building in which the uses are located; f. The mixed-commercial/residential 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. 4. Docks and electric boats. C. Should market conditions not warrant commercial development within the C/03 Tract, that Tract shall be used for any uses permitted within the R Subdistrict, subject to all development standards set forth in Section III 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. 2. Side Yard: None,or a minimum of five (5) feet,with unobstructed passage from front to rearyard 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front 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. 5-6 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 from 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 frontage of US 41. In accordance with Subsection 5.05.05D1 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 147 than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting. 1: H. Off-Street Parking and Loading Requirements: As required by Section 4.05.00 of the LDC in effect at the time of SDP approval. J7 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. 5-7 Words underlined are additions; wo ek through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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. Permitted Principal Use: and Structures Preserve 1. Upland preserves 2. Wetland preserves B. Permitted Accessory Uses and Structures_ Boardwalks, nature trails, shelters, viewing piers, viewing platforms, educational signs,kiosks, elevated paths, and docks or platforms for launching and mooring or storage of non-motorized vessels utilizing movable storage racks. Passive uses are allowed within the preserves to provide for access to the preserve, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation or cause loss of function to the preserve. Passive uses are subject to the LDC section Allowable uses within County required preserves: 2. Water management structures in accordance with Collier County, SFWMD, DEP,and USACOE permitting requirements. 1. Pathways 2. Stormwater only when in accordance with the LDC. 6.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Accessory Structures 1. From MPUD or external development tract boundary: Fifteen Feet(15') 6-1 Words underlined are additions;wards-strek through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 2. From internal tract boundary: Ten Feet(10') 3. From lake maintenance easement: Zero Feet(0') 4. Maximum Height of Structures: Twenty-five Feet (25'), except for viewing platforms that may be seventy-five feet(75') 6-2 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 R Subdistrict, subject to all development standards set forth in R 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 1. 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'). B. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 7-1 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 C. Maximum height of structures - Thirty-five feet (35') D. Minimum distance between principal structures - Ten feet (10'), or half the sum of building heights. E. Minimum distance between accessory structures -Ten feet (10'). F. Minimum off-street parking: Subject to Chapter 4.05.00 of the LDC. 7-2 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 SECTION VIII GENERAL DEVELOPMENT COMMITMENT 8.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Sabal Bay MPUD. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is the CDC Land Investments Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff,and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Minto Sabal Bay, LLC shall be the Managing Entity for Tract R9 depicted on the MPUD Master Plan. 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 Owners, their successors and assigns, shall be responsible for the commitments outlined in this Document. The Owners, their 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 assignees in title to the Owners are bound by the commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the Owners. Upon assignment or delegation, the Owners shall be released from responsibility for the commitments. 8-1 Words underlined are additions; _-•o�through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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 10.02.13(E) of the LDC, amendments may be made from time to time. B. 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 County Manager or his designee, shall be authorized to approve minor changes and refinements to the Sabal Bay MPUD Master Plan upon written request of the Owners, subject to the provisions set forth in LDC Subsection 10.02.13E. 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.04-351,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 from the Collier County Public Works Division, or from the City of Naples Utilities Department, whichever is applicable, in accordance with applicable franchise services boundaries. D. The Owners 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 of 500 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 Owners shall provide a 10 foot wide utility easement on the development property along both sides of Bayshore Drive, if determined to be needed by Collier County. 8-2 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 F. Downstream water and wastewater system capacities must be confirmed at the time of development permit (SDP or PPL) review and will be discussed at a mandatory pre- submittal conference with representatives from the Public Utilities Engineering and Project Management Division and the Growth Management Development Review Division. Any improvements to the Collier County Water-Sewer District's water distribution or wastewater collection/transmission systems necessary to provide sufficient capacities to serve the project will be the responsibility of the developer to design,permit,and construct and will be conveyed to the Collier County Water-Sewer District at no cost to the County at the time of utilities acceptance. 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 Owners 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 SDPs, or construction plans or plat approvals as the case may be. C. An excavation permit shall be required for the proposed lakes in accordance with Subsection 22-122(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 Owners shall obtain an Environmental Resource Permit or Early Work Permit from the South Florida Water Management District prior to SDP approval. F. The Owners shall adhere to the conditions set forth in the October 14, 2003 (as amended March 27, 2007, April 22, 2008, andOctober 27, 2009) Companion Agreement by and between Collier Land Development, Inc., 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). To further clarify, the applicant's responsibilities are as follows: 8-3 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 1) Hamilton Avenue(f.k.a. Fern Street)- the applicant will make provisions in the land plan design to continue to allow the current positive outfall, and provide physical maintenance, through the natural flowway portions of the outfall within applicant's property. Collier County will be responsible to provide all on-going physical maintenance of the conveyance within the Hamilton Avenue (f.k.a. Fern Street) right- of-way. 2) Avalon Outfall Canal System - the applicant will make provision in the land plan design to continue to allow the current positive outfall of this canal by relocating the canal to the westerly property line in that area (as shown on the MPUD Master Plan), construct a uniform canal section, and place it in an 87-foot wide drainage easement, to be purchased by Collier County, which is consistent with previous PUD and ERP approvals. Collier County will be responsible to provide all on-going physical maintenance of the conveyance and easement. Owners agree to provide legal access to Collier County for the purposes of providing said maintenance. 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. This PUD shall comply with the guidelines of the United States Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC), and as applicable, Collier County regulations, for impacts to protected species. Restrictions within bald eagle nest buffer zones shall be in accordance with State and Federal Management guidelines and may require technical assistance from the USFWS and FFWCC. The listed species documented on the property include American alligator, gopher tortoise, little blue heron, snowy egret, tri-colored heron, white ibis, bald eagle, wood stork, Florida panther, and Florida black bear. A Habitat Management Plan for listed species shall be submitted to Environmental Services Staff for review and approval prior to SDP approval. 8-4 Words underlined are additions; wo through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 C. In accordance with requests from Rookery Bay National Estuarine Research Reserve (RBNERR) Owners agree to the following: 1. The Collier County Lely Area Stormwater Improvement Project (LASIP) Permit requires water quality monitoring, for some period of time, at the furthest downstream portion of the Lely Canal. During January, 2011, the Owners provided RBNERR a copy of the most recent water quality report for the test locations within the Sabal Bay MPUD. For so long as the LASIP Permit requires water quality monitoring, the Owners will provide a copy of the annual water quality monitoring report to RBNERR. Additional reports may be obtained from SFWMD upon request. 2. The Owners shall include a provision in the conservation easement requiring notification to RBNERR in advance of any changes to the conditions of, and or dedication language set forth in the project's conservation easement. The RBNERR will be allowed to participate in the discussions of any proposed changes. 3. The Owners shall utilize water management Best Management Practices (BMP's) during construction to minimize adverse impacts on water quality during development; providing post development water quality monitoring and reporting as set forth in Paragraph 8.7.C.1 above. Additionally, the Owners will seek to increase public awareness by educating residents and the homeowners' association through the use of 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 Owners 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 will include in the design of the backbone surface water management system, four additional Best Management Practices (BMP's), which includes: 1) extended hydraulic residence time due to increased lake acreage;2)existing and created wetland areas, incorporated into a treatment train concept, upstream of final discharge; 3) planted filter marshes, incorporated into a treatment train concept, upstream of wetland treatment areas; 4) increased flow path between inflow and outflow through both the planted filter marshes and the wetland treatment areas. These BMP's will be incorporated downstream of the lake system, and prior to final discharge from the system, to provide additional "treatment" or "polishing." Such design will be made part of the development's surface water management plans, to be reviewed and permitted by SFWMD as a part of the ERP application. 4. The Owners shall disclose in the homeowner association documents that the following activities may occur on the adjacent RBNERR lands: exotic plant 8-5 Words underlined are additions; through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 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. 5. The two archeological sites determined to be of prehistoric cultural significance (8cr535 and 8cr 227) shall be preserved and the Owners 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. The development shall abide by Section 6.02.02 of the LDC in regards to Transportation Demand Management (TDM) strategies required for a project that affects a Transportation Concurrency Exemption Area (TCEA). B. The Owners, their successors or assigns, agree that the southwest connection to US-41 across from St.Andrews Boulevard will be at the sole discretion of FDOT and shall align with the existing St. Andrews Boulevard. Upon connection to this signalized intersection, the Owners, their successors, or assigns shall assume sole financial responsibility for intersection improvements relating to the use of this intersection by this development. This shall include,but not be limited to, the following: i. Any increase in the storage capacity of the northwest-bound left turn lane(s) approaching the signal constructed at the time of connection. ii. Design, purchase, and installation of any physical intersection improvements including a mast arm, signal head(s), pedestrian signal heads, and any signal controller(s) that are necessary to accommodate this developments connection to the signal. iii.County or FDOT's cost(s) for setup and modification of intersection controls including a mast arm, signal head(s), pedestrian signal heads, and any related signal timing changes that are necessary to accommodate each phase of this development. The Owners, their successors, or assigns agree to reimburse the FDOT or the agency maintaining the traffic signal within 90 days of the agency's request. iv. Correction of any non-ADA compliant features within the Public Right-of-Way at all four quadrants of this intersection to become compliant with the then-current Americans with Disabilities Act requirements." C. The Owners,their successors or assigns,agree that at the St.Andrews Boulevard access, they will maintain a throat distance of at least 200 feet as measured from the edge of pavement of U.S. 41 to the closest point of any gate or gatehouse. D. The Owners, their successors or assigns, agree that the project's main residential access on U.S. 41 may be a signalized intersection if approved by FDOT. The Owners, their successors or assigns shall assume sole financial responsibility for intersection 8-6 Words underlined are additions; wo through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-12-8 improvements relating to the use of this intersection by this development. This shall include, but not be limited to, the following: i. Design, purchase, and installation of intersection improvements including mast arm(s), signal head(s), pedestrian signal heads, and any signal controller(s) that are necessary to accommodate this development's connection to the signal. ii. Any additional signal timing adjustments directly related to this development's traffic shall also remain the financial responsibility of this development, in perpetuity. iii.Design, purchase, and installation of ADA compliant items within the public right- of-way. E. The maximum total daily trip generation for the 102.45 acre Tract R9, as shown on the Master Plan, shall not exceed 172 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. F. The developer shall obtain a right of way permit prior to commencing construction of Tract R9. G. Upon request of County, the developer of Tract R9, or its successors and assigns, shall pay its fair share payment and coordinate with Collier County on traffic calming improvements under the Neighborhood Traffic Management Program (NTMP) including but not limited to striping, signage and speed tables on Bayshore Drive from the project access to Thomasson Drive. This commitment will expire the earlier of: 2 years after buildout of Tract R9 or turnover to the HOA. H. The P.M. peak hour peak direction trips associated with Tract R9 shall not excccd 1% of the adopted peak hour service volume on link 92.0 (U.S. 41 from Airport Road to Rattlesnake Hammock Road), as shown in the Annual Update and Inventory Report. This will be determined at the time of the plat for Tract R9. 8.9 ADDITIONAL COMMENTS A. Prior to the issuance of the 400th certificate of occupancy for a single family home, the Owners, their successors or assigns shall provide a minimum of one playground, for use by residents and their guests,meeting ASTM design guidelines. B. The Owners, their successors or assigns shall install a pathway along the lake where the lake fronts Thomasson Drive and shall provide a minimum of three benches for public use for this portion of lake-frontage at the time development occurs adjacent to the lake. Minto Sabal Bay LLC will continue informational meetings with the Community Redevelopment Agency Advisory Board until the construction on Tract R9 is completed. D. Entry gates at Bayshore Drive will be similar to existing gates on Saba Drive at the Thomasson Drive entry including a gate, chain link, concrete wall, and landscaping. 8-7 Words underlined are additions; through aredeletions. 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Boundary All of Section 25 and part of Sections 23, 24, 26 and 36, Township 50 South, Range 25 East, and part of Section 19 Township 50 South, Range 26 East, Collier County, Florida and being more particularly described as follows; Beginning at the Northeast Corner of Section 25, Township 50 South, Range 25 East, Collier County, Florida; Thence along the East Line of Said Section 25 South 00°22'18"West 2,687.69 feet; Thence continue along the east line of said Section 25 South 00°20'37"West 2,685.56 feet to the Southeast Corner of said Section 25; Thence along the East line of Section 36 South 00°19'56"West 1,518.00 feet; Thence North 87°28'51"West 5,326.38 feet; Thence North 00°14'25" East 1,254.17 feet to the North West Corner of Said Section 36; Thence along the south line of Section 26 South 89°32'22"West 2,696.15 feet; Thence continue along the South line of Said Section South 89°29'09"West 2,696.69 feet to the Southwest corner of said Section 26; Thence along the West line of said Section 26 North 00°22'46"East 2,689.10 feet; Thence continue along the West line of said Section 26 North 00°22'20"East 2,690.20 feet to the Northwest Corner of Said Section 26; Thence along the West Line of Section 23 North 00°06'08"West 1345.66 feet; Thence continue along the West line of Said Section 23 North 00°07'16"West 693.72 feet; Thence North 89°29'07"East 469.67 feet; Thence North 00°04'49"West 453.06 feet; Thence North 89°30'33" East 916.44 feet; Thence North 00°31'29"West 567.34 feet; Thence North 89°27'53" East 300.00 feet; Thence South 00°32'07" East 60.00 feet; Thence North 89e 28'59n East 980.33 feet to the West line of the plat of Naples Groves and Truck Co's Little Farms No 2 (Lots 67-69), as recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. Thence along said West line South 00°46'37" East 308.52 feet; Thence continue along said West line South 00°40'46"East 673.87 feet to the Northwest Corner of Lot 70, of said Naples Groves and Truck Co's Little Farms No 2; Thence along the North line of Said Lot 70 North 89°27'07" East 1,322.10 feet to the North East Corner of Said Lot 70; Thence along the East line of Said Lot 70 and Lot 71 of said Plat South 00°43'14" East 674.00 feet to the Southeast corner of Said Lot 71; Thence along the South line of Said Lot 71 South 89°28'25"West 1,322.26 feet to the Southwest corner of said Lot 71; Thence along the West line of Said Plat South 00°42'15" East 1,347.80 feet; Thence continue along said West line South 00°20'27"West 1,344.53 feet to the Southwest corner of Lot 79 of said plat; Exhibit B Page 1 of Thence along the South line of Said Lot 79 North 89°31'43" East 1,346.87 feet to the fractional corner of said Section 26 being the Northwest corner of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Said Section 26; Thence along said fractional line South 00°19'29"West 671.99 feet to the Southwest corner of said fractional quarter; Thence along the south line of said fractional Quarter North 89°31'42" East 673.39 feet to the Northwest corner of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Thence along the west line of said Lot 81 South 00°12'23"West 672.16 feet to the Southwest corner of said Lot 81; Thence along the south line of said Lot North 89°31'43"East 672.16 feet to the East line of Said Lot and the East line of said Section 26; Thence along the East line of said Section 26 North 00°19'29" East 2,688.11 feet to the Northeast corner of said Section 26; Thence along the East line of said Section 23 North 00°42'49"West 1,351.04 feet to the southeast corner of Lot 91 of said Naples Groves and Truck Co's Little Farms No 2. Thence along the South line of said Lot 91 South 89°27'26"West 1,320.61 feet; Thence along the west line of Said Lot 91 North 00°47'37"West 337.27 feet; Thence along the North line of said Lot 91 North 89°30'57"East 1,320.45 feet to the east line of said Section 23; Thence along the East line of Said Section North 00°44'44"West 1,011.86 feet; Thence Continue along said East line North 00°34'32"West 752.45 feet to the Southwest corner of that land described in Official Record Book 1027, page 678, Public Records of Collier County, Florida; Thence along the South line of said Land North 89°31'59" East 1,289.77 feet; Thence along the East line of said Land North 00°42'37"West 1,890.79 feet to the south Right of Way Line of Thomasson Drive (100 Right Of Way); Thence along said Right of Way Line North 89°35'12" East 1399.52 feet; Thence continue along said Right of Way line North 89°35'12" East 2855.89 feet to an intersection with the westerly Right of Way line of US 41 (Tamiami Trail) (State Road No. 90); Thence along said Right of Way of US41 of South 39°03'59" East 1266.82 feet; Thence continue along said Right of Way South 39°03'59" East 5,465.08 feet to a point at the intersection of said westerly Right of Way and the South line of Section 19, Township 50 South, Range 26 East, Collier County, Florida; Thence along the South line of said Section 19 South 88°13'29"West 1,636.98 feet; Thence continue along said South line South 88°23'16"West 2,491.52 feet to the POINT OF BEGINNING. Less and excepting there from the waters of Tide Creek located on the west line of Section 23. Subject to easements and restrictions of record. Containing 2,416.49 acres more or less. Bearings are based on the North Line of Section 19 being North 89°42'24"East -Florida State Plane- East Zone 83-90 Adjustment Not valid unless embossed with the Professionals Seal REF. W.O.: N0229-200-502 Date: 11-11-11 Exhibit B Page .2 of 11-11-11.202693-VM:1-GLAND N0229-200-502'-0 Barraco www.barraco.net and Associates, Inc. Civil Engineers, Land Surveyors and Planners EXHIBIT B DESCRIPTION Lots 81 through go, inclusive, Naples Groves and Truck Company's Little Farms No.2, according to the plat thereof as recorded in Plat Book 1, Page 27A, Public Records of Collier County, Florida. Exhibit B Page 3 of 3 Post Office Drawer 2800 • Fort Myers,FL 33902 Phone(239)461-317o • Fax(239)461-3169 Exhibit"C" List of Deviations (PREVIOUSLY APPROVED DEVIATIONS 1 - 8 IN ACCORDANCE WITH ORDINANCE 05-59 TO STILL REMAIN IN EFFECT) Deviation 1: LDC Section 6.06.01(0) and LDC Appendix B, in order to allow 50 feet of right- of-way for local roads rather than the required 60-foot width (throughout). Deviation 2: LDC Section 6.06.01(J), to allow cul-de sacs in excess of 1,000 feet the MPUD (throughout). Deviation 3: In accord with LDC Section 10.02.04.A.3, Section 2-12 of the Collier County Code of Ordinances, Exhibit "A", Design Requirements for Subdivisions C.17.j of the Administrative Code for Collier County Construction Standards Manual, formerly LDC Section 3.2.8.4.16.10 (Section III P. 10 of the proposed Construction Standards Manual) to allow reverse curves without tangents (throughout). Deviation 4: LDC Section 5.03.028 to allow perimeter fences or walls to be permitted at 8 feet on top of a 4 foot berm, formerly approved as a height of eight feet (8') as measured from the finished grade of the ground at the base of the fence or wall, and modified at staff's request. Deviation 5: LDC Section 5.06.02.8.6., formerly Section 5.06.04 A. 6. (b.)to allow a maximum of 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 (rather than the combined size permitted in the LDC of 64 square feet)and shall not exceed a height of 6 feet as measured from finished grade. Deviation 6: LDC Sections 5.06.02 and 5.06.04, formerly Chapter 5.06.05 to allow entrance signs up to 120 square feet. Two ground signs shall be permitted for each project entrance (on US 41, Thomasson Drive and 8ayshore Drive), and shall be allowed in addition to other signage allowed by Chapter 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 owners' 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. Deviation 7: LDC Section 4.05.04, to allow parking for uses and structures constructed in the RecreationNillage Center to be reduced by up to 25% of the applicable LDC parking requirements, should such a reduction be deemed to be warranted through the development and submission of a shared parking analysis submitted with the SDP application. Parking requirements shall be determined utilizing the modal splits and parking demands for various uses recognized by Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking area will vary depending on the multiple functions or uses in close proximity which are unlikely to require the same spaces at the same time. The shared parking analysis methodology shall be determined and agreed upon by the County Growth Management Staff and the owners during the SDP pre-application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. 1 Words underlined are additions; words struck through aredeletions. of ?age..���.�o$ Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-1 1-24 Deviation 8: LDC 5.05.08.C.13.b., formerly Section 5.05.iii.(a) to allow gray primary and/or secondary colors to be permitted as a predominant exterior roof color. See Section 5.4.J. of the MPUD document. Deviation 9 seeks relief from LDC Section 6.06.01(0) and LDC Appendix B in order to allow, in specific cases where private, internal development roadways cross wetland or upland preserves, the Owners request additional flexibility to reduce the required ROW width below the current 50-foot minimum to a width of no less than 40 feet. This deviation would allow the Owners to minimize impacts to potential wetland or upland preserves while maintaining accessibility throughout the site. Deviation 10 seeks relief from LDC Section 6.06.02.A which requires arterial and collector roads to provide a six-foot sidewalk on both sides of the street. The applicant requests the ability for all privately and/or CDD owned roadways internal to the Sabal Bay development to provide a minimum five-foot sidewalk on both sides of all streets or a minimum ten-foot wide pathway on one side of the street which may meander in and out of the right-of-way. Since the development is planned for an internal pathway system, this is a reasonable deviation. Deviation 11 seeks relief from LDC Section 4.06.02 which requires a Type B buffer between single family and multi-family uses. Specifically, the applicant requests that no buffer be required between these uses when a water body separates the two uses. Requiring the installation of a buffer in these areas would inhibit the lake views for both single family and multi-family residences. Deviation 12 seeks relief from LDC Section 4.06.05.J which requires that rip-rap treatment for those areas that have a slope no steeper than 2:1, but steeper than 3:1, be limited to 30 inches in height, and be limited to 200 square feet sections or solely used in rapid flow water management areas. Specifically, this deviation requests to allow rip-rap treatment along the backslope of certain roadway crossings adjoining preserves on one side or more in order to minimize impacts to potential wetland and upland preserves, as well as allow the use of rip-rap stabilization for elevations up to a height of 36 inches. Approval of this deviation will allow the owners to minimize impacts to potential wetland and upland preserve areas by minimizing the development footprint. subsequently reducing the total amount of wetland impacts required to develop the subject Project. Since the suggested roadways will be low-speed, low-volume and limited in length, this is a reasonable deviation. Deviation 13 seeks relief from LDC Section 5.05.04.D.1 which allows a maximum floor area ratio of 0.45 for care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling that are part of an aging-in-place living environment. Market studies on the desires of people moving into these types of facilities have shown that a larger unit is often desired. In order to offer a competitive product that is marketable to an aging sector, the applicant requests a maximum floor area ration of 0.60 which is similar to other approved continuing care retirement communities in this area. Deviation 14 seeks relief from LDC Sections 5.06.02 and 5.06.04 to allow entrance signs up to 120 square feet.This previously approved deviation is requested to add the entrance signs to be located on Hamilton Avenue as previously approved for the entrances on U.S. 41, Thomasson Drive, and Bayshore Drive. 2 Words underlined are additions; wordsthrough aredeletions. Page of Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-11-24 Deviation 15 seeks relief from LDC Section 5.03.02 to allow fences or walls separating commercial uses from residential areas to be permitted at a height of up to eight feet(8')on top of a berm of up to four feet (4') in height. This is needed since much of the land within the MPUD is low-lying and given that appropriate buffering is needed between different land uses. This deviation will benefit the public welfare by allowing for enhanced buffering. Deviation 16 seeks relief from LDC Section 5.06.04.F.3, Directory Signs, which limits multiple- occupancy parcels or multiple parcels developed under a unified development plan,with a minimum of 8 independent units, containing 20,000 s.f. or more of leasable floor area, to a maximum of one directory sign at one entrance on each public street, to allow for one additional directory sign on Tamiami Trail East(U.S. 41) in addition to the two existing directory signs(located on Tamiami Trail East and Thomasson Drive). The second directory sign permitted on the Tamiami Trail East frontage shall be located a minimum of 500 feet to the east of the existing directory sign on Tamiami Trail East. (Approved in HEX No. 2017-27 and Ord. No. 17-49) Deviations Applicable Only to Tract F-1, Isles of Collier Preserve Phase 3, as described in Exhibit"D" Deviation 17 seeks relief from LDC Section 5.03.02.F.1.a, which prohibits alteration of existing ground levels for the purpose of increasing the height of a proposed fence or wall, to instead allow alteration of existing ground levels to build a berm up to seven and half feet (7.5') in height with a fence or wall at a height of up to eight feet(8') on top of the berm. The total combined height of the berm and wall will be fifteen and a half feet(15.5'). [Approved in HEX Decision No. 2019-34] Deviation 18 seeks relief from LDC Section 6.06.01.N and LDC Appendix B, which requires minimum right-of-way widths for local roads to be sixty feet(60'), to instead allow a minimum right- of-way width of forty-five feet (45'), on single loaded roads as described in Deviation 19 below. [Approved in HEX Decision No. 2019-34] Deviation 19 seeks relief from LDC Section 6.06.02.A.1, which requires local/internal accessway roads to provide a minimum five-feet wide sidewalk on both sides of the street, to instead allow all privately and/or CDD owned roadways internal to the property to have a minimum six-foot wide sidewalk on one side of the street, and no sidewalk on the other side of the street, on single loaded roads (roads with homes on only one side of the street). [Approved in HEX Decision No. 2019-34] Page b 3 Words underlined are additions; words struck through aredeletions. Sabal Bay MPUD Amendment/PUDR-PL20190002305/2020-11-24 www.barraco.net :Barraco and Associates, Inc. Civil Engineers, Land Surveyors and Planners "EXHIBIT D, Affected Area for Deviations 17, 18, and 19" DESCRIPTION Tract "F-1", "Isles of Collier Preserve Phase 3", recorded in Nat Book 57, at Page 66, of the Public Records of Collier County, Florida. L:\23239-ICP Phase 3(Parcel B)\Descriptlons\Tract F-i.docx C Page off Post Office Drawer 2800 • Fort Myers, FL 33902 Phone(239)461-317o• Fax(239)461-3169 of INIIIN ‘ '''\s _U 6 i '------ - ,. _ N01°Nl6"E �_ / s --- -R R_ - � — f- --_TRACT JNE_ % X a o by ...sr ,! }y1 . �1/4 Section LineS //„ oRwuaeP�se+r Col c„ t„ 5_ - (OR 53Z PO.fY0.C.CR) >1 °` a f,t a - . 'r6CP e 1:/ ' C° 1 9 n1I'l 66 zitr 4� 4 1. 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ALL PROJECT IDENTIFICATION FLAGPOLES W LOCATED ALONG TAMIAMI TRAIL(US 41)SHALL BE LOCATED ON/WITHIN THE ISLES OF COLLIER10140 VIA 10 0 zoo 400 PRESERVE PROPERTY AND NOT WITHIN THE ,,)11\s, I Sc IN FEET US 41 RIGHT-OF-WAY. 41 2. PROJECT IDENTIFICATION FLAGPOLE �S LOCATIONS ALONG TAMIAMI TRAIL(US41)ARE RESTRICTED TO THE NUMBER AND .- � IIF APPROXIMATE LOCATION SHOWN ON THIS oyo SIGNAGE PLAN. pro`` 10 3. PROJECT IDENTIFICATION NOT FLAGEXCEED ES SIZE , , ., SIGNAGE SIZE SHALL NOT EXCEED THE SIZE AS DEPICTED ON THIS SIGNAGE PLAN. , e4.p 10� -i 4. PROJECT IDENTIFICATION FLAGPOLE TEXT , , <yti�o/ JpNp AND GRAPHICAL REPRESENTATION MAY BE PNt�o ALTERED FROM WHAT IS SHOWN ON THIS ` , 10 SIGNAGE PLAN. ` , FILE IW.,E 23099A7IASTER SIGN-8%1I E;IG Barraco SIGNAGE PLAN AND SINGLE FAMILY LOT DETAIL LAYOUT LAYOUT LOCATIOand Associates,Inc. 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LEE Governor Secretary of State February 2, 2021 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-04, which was filed in this office on February 2, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270