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Ordinance 2021-34 ORDINANCE NO. 2021 -3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-62, AS AMENDED, THE SHOPPES AT SANTA BARBARA PLANNED UNIT DEVELOPMENT BY ADDING DWELLING UNITS AS A PERMITTED USE; BY AMENDING ORDINANCE NUMBER 2004- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO A MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE SHOPPES AT SANTA BARBARA MPUD, BY ALLOWING UP TO, WITH A MIX TO BE DETERMINED BY MAXIMUM ALLOWABLE TRAFFIC GENERATION, 150,000 SQUARE FEET OF COMMERCIAL USES AND 242 DWELLING UNITS IN ADDITION TO THE PREVIOUSLY APPROVED COMMERCIAL USES; BY ADDING DEVIATIONS, BY REVISING DEVELOPMENT STANDARDS AND AMENDING THE MASTER PLAN. THE PROPERTY IS LOCATED AT THE NORTHEAST QUADRANT OF SANTA BARBARA AND DAVIS BOULEVARDS, IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 18.1± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20200002233] WHEREAS, Wayne Arnold, AICP of Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, PA, representing Altman Development Company, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [21-CP5-02094/1656031/1]76 Shoppes at Santa Barbara/PL20200002233 Page 1 of 2 9/8/21 SECTION ONE: The zoning classification of the herein described real property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Commercial Planned Unit Development (CPUD) Zoning District to a Mixed-Use Planned Unit Development (MPUD) for a 18.1± acre project to be known as The Shoppes at Santa Barbara MPUD, to allow construction of a maximum of 242 dwelling units and commercial uses in accordance with the MPUD Document attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this c 01 lay of Q(4 ) iY_r 2021. ATTEST: - BOARD OF COUNTY COMMISSIONERS CRYSTAL'K:KINZEL,.,CLERK COLLIE C TY, FLORID By: By: Attest as t0- a De u Penny T lor, Chairman Signature Only. Approved as to form and legality: d, \A(tk4,( 1/‘ eidi Ashton-Cicko Managing Assistant County Attorney This ordinortice fileti with the Secretary of State's Office the Attachments: Exhibit A—MPUD Document s3 day of NeN 1 and acknow,edgernentA.—f that filing received this 1__- day offs__ �.,osOolt_. By DeatTrvy c+� [21-CPS-02094/1656031/1]76 Shoppes at Santa Barbara/PL20200002233 Page 2 of 2 9/8/21 THE SHOPPES AT SANTA BARBARA CONCEPTUAL MIXED USE PLANNED UNIT DEVELOPMENT 18.1 ACRES LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY,FLORIDA HMA FILE NO. 88.105 PREPARED BY: HOLE, MONTES &ASSOCIATES, INC. ROBERT L. DUANE, A.I.C.P. 715 TENTH STREET SOUTH NAPLES, FLORIDA 33940 AMENDMENT PREPARED BY: Q. GRADY MINOR&ASSOCIATES, P.A. D. WAYNE ARNOLD,AICP 3800 VIA DEL REY, BONITA SPRINGS,FL 34134 AND COLEMAN,YOVANOVICH&KOESTER, P.A. RICHARD D.YOVANOVICH, ESQ. 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES,FL 34103 Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 1 of 23 TABLE OF CONTENTS PAGE SECTION I STATEMENT OF COMPLIANCE AND SHORT TITLE 4-3 SECTION II PROPERTY OWNERSHIP AND LEGAL DESCRIPTION- - - 2 4 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION- - - 3-45 SECTION IV GENERAL DEVELOPMENT REGULATIONS• 5 96 SECTION V DEVELOPER COMMITMENTS 13 ENVIRONMENTAL STANDARDS 10 11 SECTION VI DEVIATIONS 16 SECTION VI TRANSPORTATION REQUIREMENTS 12 14 SECTION VII UTILITY REQUIREMENTS • • - 15 19 SECTION VIII WATER MANAGEMENT REQUIREMENTS 20 LIST OF EXHIBITS EXHIBIT A CONCEPTUAL P.U.D. MASTER PLAN • EXHIBIT B CONCEPTUAL WATER MANAGEMENTMASTER PLAN NOTES EXHIBIT C STATEMENT OF UNIFIED CONTROL DRAINAGE EASEMENT Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 2 of 23 SECTION i STATEMENT OF COMPLIANCE AND SHORT TITLE The purpose of this section is to set forth the intent of the developer--te-development within an 18.1 acre tract of land located in a part of Section 4,Township 50 South,Range 26 East,Collier County,Florida. The development of the P.U.D.will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan for the following reasons: 1. The subject property is located in an area identified as an Activity Center in the Comprehensive Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. 3. The subject tract is strategically located at the intersection of Davis Boulevard,(State Road 84)and Santa Barbara Boulevard,which affords the site superior access for the placement of commercial land use activities. 4. The project shall be in compliance with all applicable County regulations including the Comprehensive Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. II. This ordinance shall be known and cited as the "Shoppes at Santa Barbara Planned Unit Development Ordinance". 4- Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 3 of 23 SECTION II PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 2.1 The subject property is currently owned by: Royce Stallings 1 Fee Simple Legal Owner. Laurence Mullins/Contract Vendee and Equitable Owner. 2.2 The subject property is described as follows: LEGAL DESCRIPTION The West half of the Southwest quarter of the Southwest quarter of Section 4, Township 50 South, Range 26 East, Collier County, Florida, LESS the Westerly 60 feet thereof for Santa Barbara Boulevard and Less the Southerly 75 feet thereof for State Road 84 (Davis Boulevard). 2 Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 4 of 23 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the developer's intent to establish a commercial center project to meet community wide residential and/or commercial chopping needs. It is the purpose of this document to set forth flexible guidelines for the future development of the project that meet accepted planning principles and practices and implement the Comprehensive Land Use Plan. 3.2 PLAN APPROVAL The location of land uses are shown on the Conceptual PUDExhibit A, Master Plan. Changes and variations in building location and the mix of land uses shall be permitted via Site Development Plan approval in accordance with Section 10.5 of the Land Development Code (LDC). Changes and variations in building tracts may be permitted during Site Development Plan approval if, at the discretion of the County Manager, or his designee, such changes and variations are in conformance with the substantive and procedural requirements of the Subdivision Regulations. However,this shall not be construed to require an amendment to any plat of this development unless such change or variance results in a change of lot lines on the plat. 3.3 LAND USES The location of land uses is-are shown on the Conceptual PU.D.Exhibit A,Master Plan. The maximum number of square feet of retail or office floor area to be permitted,not including that permitted on the out parcclaCommercial Tract, shall be one hundred fifty thousand(150,000)square feet of floor area. The maximum number of multi family dwelling units permitted shall be 242 units.The residential and commercial mix shall be determined by maximum allowable trip cap established in Section 5.3.H of the PUD. 3.4 SITE CLEARING AND DRAINAGE Clearing,grading,earthwork,and site drainage work shall be performed in accordance with applicable Collier County Codes and Ordinances, and the standards and commitments of this document. 3.5 EASEMENTS FOR UTILITIES Easements,where required,shall be provided for water management areas,utilities and other purposes as may be needed. 3 All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and utilities in compliance with applicable regulations in effect at the time approvals are requested. Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 5 of 23 4 SECTION IV GENERAL DEVELOPMENT REGULATIONS 4.1 PURPOSE The purpose of this section is to delineate the development regulations that accompany the Conceptual Master Plan depicted in Exhibit A. A maximum of 150,000 square feet of commercial uses and a maximum of 242 multi-family uses or any combination of principal uses shall be permitted on Mixed Use Tract identified on the Master Plan, not to exceed the trip cap established in Section 5.3.H of the PUD. 4.2 GENERAL Where specific standards pertaining to such things as signage and landscaping are not specifically included in this document, the applicable standards of the Collier County Land Development Code that are in effect at the time of permit application shall apply. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses—Commercial Tract 1. Automobile service stations(no repair services)(in accordance with the standards of Section 2.6.28 of the Land Development Code in effect at the time of application for permits);antique shops; appliance stores; art studios; art supply shops; automobile parts stores. 2. Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services. 3. Car washes(enclosed only);carpet and floor covering sales—which may include storage and installation; child care centers (no less than five hundred feet from an establishment selling or serving alcoholic beverages for consumption on premises unless an exemption is granted pursuant to the requirements of Section 2.6.10 of the Land Development Code in effect at the time of application for permits); churches and other places of worship; clothing stores; cocktail lounges(in accordance with the standards of Section 2.6.10 of the Land Development Code in effect at the time of application for permits); commercial recreation uses— indoor; commercial schools; confectionary and candy stores. 5 Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 6 of 23 4. Delicatessens; department stores; drug stores; dry cleaning shops; dry good stores; and drapery shops. 5. Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. 6. Fish market—retail only;florist shops;funeral homes; furniture stores; furrier shops. 7. Garden supply stores — outside display in side and rear yards; gift shops; glass and mirror sales—including storage and installation; gourmet shops. 8. Hardware stores;hat cleaning and blocking;health food stores;homes for the aged;hospitals and hospices. 9. Ice cream; stores. 10. Jewelry stores. 11. Leather goods; legitimate theatres; liquor stores; locksmiths. 12. Marinas;markets—food;markets—meat;medical offices and clinics;millinery shops;motels and hotels; motion picture theatres; museums; music stores; mini warehouses and storage facilities;minor automobile repair work. 13. New car dealerships—outside display permitted;news stores. 14. Office—general; office supply stores. 15. Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores;printing;publishing and mimeograph services shops; professional offices. 16. Radio and television sales and services; radio station (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmission tower; research and design labs; rest homes; restaurants — including drive-in or fast food restaurants (in accordance with the standards of Section 2.6.10 of the Land Development Code in effect at the time of application for permits). 17. Shoe repair; shoe stores; shopping centers; souvenir stores; stationery stores; supermarkets and sanatoriums. 18. Tailor shops; taxidermists; tile sales — ceramic tile; tobacco shops; toy shops; tropical fish stores. 19. Upholstery shops. Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 7 of 23 20. Variety stores;vehicle rental—automobile only;veterinarian offices and clinics—no outside kennels. 21. Watch and precision instrument repair shops. 22. Any other commercial use or professional service which is comparable in nature with the foregoing list of permitted, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Principal Uses—Mixed Use Tract 1. All commercial uses listed above in 4.3.A. 2. Dwelling Units,Multi-family (not to exceed a maximum of 242 units) 3. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. C. Accessory Uses-Commercial and Mixed Uses Tracts 1. Accessory uses and structures customarily associated with permitted uses in this district including essential services. 2. Water management facilities to serve the project such as lakes. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 4. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner 4.4 DEVELOPMENT STANDARDS: A. Minimum Site Area: Twenty thousand(20,000)square feet. B. Minimum Site Width: One hundred and fifty(150)feet. C. Minimum Distance Between Principal Structures: Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 8 of 23 Twenty(20)feet. D. Minimum Setbacks Out Parcels: 1. Principal Structure: (a) Front: Fifty (50) feet (b) Side: Twenty (20) feet (c) Rear: Twenty (20) feet 2. Accessory structure(including canopies) (a) Front: Fifty (50) feet (b) Side: Ten (10) feet (c) Rear: Ten (10) feet (d) Minimum distance between structures: Ten (10) feet. E. Minimum Setbacks For Structures Not Located In Out Parcels: 1. Shopping Center: (a) Davis Boulevard Future Right-Of-Way: Seventy-five(75)feet. (b) Northerly Access Road Right-Of-Way: Fifty(50)feet. (c) Santa Barbara Boulevard: Seventy-five(75)feet. (d) East Property Line: Seventy-five(75)feet. (e) From Out Parcel Boundary: One half(1/2)the sum of building heights. 2. Residential only: (a) Davis Boulevard Right-Of-Way: Seventy-five(75)feet. (b) Northerly Access Road Right-Of-Way: Fifty(50)feet. (c) Santa Barbara Boulevard: Sixty(60)feet. (d) East Property Line: Fifty(50)feet. (e) Internal Tract Boundary: Twenty(20)feet. 2 3.Out Buildings: (a) Santa Barbara Boulevard: Seventy-five(75)feet, however,buildings less than five thousand(5,000)square feet may have a forty(40)foot setback. (b) Davis Boulevard Future Right-Of-Way: Seventy-five(75)feet. (c) Northerly Access Road Right-Of-Way: Fifty(50)feet. (d) East Property Line: Seventy-five(75)feet. (e) From Out Parcel Boundary: Zero(0)or five(5)feet. 3:4.Accessory Structures: Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 9 of 23 (a) Street Frontages: Fifty-Thirty(530) feet. (b) From Eastern PUD Boundary: Forty(40)feet (b)(c) From Out Parcel Boundary: Zero(0) or five(5)feet. (-e)(d) Minimum Distance Between Structures: Ten(10) feet. F. Minimum Site Width: One hundred and fifty(150) feet. G. Maximum Height of Structures: S (a) Commercial Buildings shall have a zoned height of Sixty (60) feet. (b) Residential buildings shall have a maximum actual height of forty-five (45) feet except residential buildings along the eastern boundary shall have maximum actual height of sixty (60) feet. H. Parking: The same as the standards of the Collier County Land Development Code in effect at the time of application for permits or as approved by deviation. I. Open Space and Landscaped Area: A minimum of 30%of the property shall be maintained as open space for which a credit is provided for dedicated areas, landscaped areas and retention areas. J. Landscape Buffer: A ten (10) foot landscaped buffer shall be constructed along the northern section of the property south of the access road as depicted on the Conceptual PUD Master Plan. If commercial zoning is approved on the tract to the cast at the time development permits arc requested,the buffer shall not be required adjacent to said commercially zoned tract. andse ping buff r w" b'e required i n accordance with the standards of Section 2.4 of the Collier County Land Development Code. I47J.Minimum Floor Area Principal Structure: Commercial - One thousand (1,000) square feet with the exception of automobile service stations which may be nine hundred(900) square feet. Residential—Seven hundred fifty(750) square feet 9 Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 10 of 23 SECTION V ENVIRONMENTAL STANDARDS 5.1 PURPOSE The Purpose of this Section is to set forth the stipulations established of the Environmental Advisory Council. The development this project shall be suh est to those stip '^bons: existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the develetanient schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads,buildings,lakes,parking lots,and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized,as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs,and ground cover. At least 60%of the trees,60%of the shrubs,and 60%of the groundcover shall be native species. At the discretion of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of groundcover. For example, the use of 70% native trees could allow the use of only 50% native groundcover. This plan shall depict the incorporation of native species and their mix with other species,if any. The goal of site landscaping shall be the re creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in the Ce my Cede, shall be ed' durin. eh phase- f construction from development areas, open space areas, and preserve areas. Following site development, a maintenance p shall be plemented t,, ent r- of the site by sty 4-0 Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 11 of 23 exotic species. This plan,which will describe control techniques and inspection intervals, shall be filled with and subject to approval by the Natural Resources Management Department and the Community Development Division. or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resource Management Department notified. Development Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvage ability. The Natural Resources Management Department w "" . nd to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activities. 44 Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 12 of 23 SECTION VI TRANSPORTATION REQUIREMENTSDEVELOPER COMMITMENTS 6 I-5.1 PUD MONITORING 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 Altman Development Company, LLC. 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. 5.2 MISCELLANEOUS A. All other applicable state or federal permits must be obtained before commencement of the development. B. Pursuant to Section 125.022(5)F.S.,Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 5.3 PURPOSETRANSPORTATION The purpose of this Section is to set forth the traffic improvement requirements which the project developer must undertake as an integral part of the project development. These developments consist ofth A. The developer shall provide 40 feet of road right-of-way along Santa Barbara Boulevard. Commitment complete. B. The developer shall provide right turn lanes at each entrance along Santa Barbara Boulevard with the exception of the northernmost entrance which may be left directional and shall be right-out only access, but the lanes shall not be continuous between entrance:,. Compensatory right-of-way shall not be required for each turn lane. Collier County reserves the right to modify and close any median openings in its sole discretion in the exercise of its police power. Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 13 of 23 C. The access on Davis Boulevard shall be limited to right turns in and right turns out. It shall have no median opening upon the multi-laning of that road. D. The developer shall provide a fair share contribution toward the costs of reconstructing the existing median opening on Santa Barbara Boulevard to serve the project's main entrance. The developer shall provide a fair share contribution toward the capital cost of traffic signals at accesses on Santa Barbara Boulevard when deemed warranted by the County. The signals shall be owned, operated and maintained by Collier County. Commitment complete. I1E. The developer owner shall provide arterial level street lighting at all project entrances. G F. If a future median opening is permitted on Santa Barbara Boulevard to serve a joint-use entrance at the northern boundary of the project, the benefiting property owners shall be responsible for the construction costs of the opening and all associated turn lanes. H. These improvements arc considered "site related" as defined in Ordinance 85 55 and shall not be applied as credits toward any impact fees required by that ordinance. I. One access point is shown on the Conceptual P.U.D. Master Plan at the southern end of the property to provide access to the parcel to the east. An additional access point, at the northern boundary of the property, may be included on the Subdivision Master Plan. At the time of the Subdivision Master Plan/final plat petitions either one or both of these access points may be required by the County staff. pavement thickness in accordance with the County Subdivision Ordinance. Y. The minimum travel way width shall be twenty four(21)feet. L. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. Way Ordinance 82 91. N. The project shall be platted in accordance with Collier County Subdivision Regulations to define the right of way, out parcels, and easements as shown on the Master Plan. O. The two access points to the property north of the Shoppcs at Santa Barbara arc understood to be conceptual and will not be constructed at this time. Actual locations will be determined during the rezoning and/or subdivision master plan review of this land to the north. Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 14 of 23 PG. Payment of$35,000 based upon prior right-of-way acquisition(1.82 acres @$11,000/acre) of$20,000 and prior median opening/driveway of$15,000;payment to be made and applied to the S.R. 84 four-laning project upon start of construction contract for S.R. 84 segment between Santa Barbara Boulevard and County Barn Road. Commitment complete. Q. Payment of road impact fees consistent with the proposed fcc structure and/or revisions to the R. No Certificate of Occupancy to be issued until substantial road construction completion of S.R. 84 four laning between Santa Barbara Boulevard and County Barn Road. Barbara Boulevard based on generated attracted new trips divided by FDOT four lane road capacity times the cost of road improvements along project's frontage on S.R. 84. Payment to be made and applied to the S.R. 81 four laning project upon start of construction contract for S.R. 84 segment between Santa Barbara Boulevard and County Barn Road. H. The maximum total daily trip generation for the Mixed Use Tract shall not exceed 550 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. I. The owner shall provide at owner's expense an ingress/egress easement in favor of all of the owners in the New Hope PUD to allow for the connection of Piazza Ct in the New Hope PUD through the MU tract to that portion of the 60-foot cross easement identified on the Exhibit A, Master Plan located on county property, allowing for the extension of Piazza Ct to Santa Barbara Boulevard. Collier County will have no maintenance responsibility. No direct connection through, or into,the gated residential project located in the Shoppes at Santa Barbara PUD will be permitted by the New Hope PUD from this interconnection. The construction of the roadway interconnection shall occur at the sole expense of the owner of the New Hope PUD. The ingress/egress easement shall be recorded at the owner of the Shoppes at Santa Barbara PUD's expense prior to the issuance of the first residential or mixed-use site development plan or approval of plat. Prior to issuance of the first residential or mixed-use site development plan or plat,the developer will design a sidewalk connection from residential properties on the MU Tract to its eastern property line to align with the existing sidewalk along Piazza Ct within the New Hope PUD. Prior to the issuance of the first residential certificate of occupancy, the developer will construct said sidewalk connection. If the owner of the New Hope PUD provides an easement at no cost to the developer, the developer at its expense will also construct the sidewalk from the eastern property line of the Shoppes at Santa Barbara PUD to the existing sidewalk along Piazza Ct in the New Hope PUD. 5.4 WATER MANAGEMENT A. A 40 ft wide Drainage Easement (DE) shall be provided along the entire east side of the parcel. This DE will convey flows from the county-owned property to the north to the Davis Blvd swale. Along the east side of the DE the top of the berm and return to grade slope shall contain a Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 15 of 23 5 ft wide hedge planting area to act as a landscape buffer. Refer to Exhibit C, Drainage Easement. The DE(including the swale and hedge) shall be maintained by the Shoppes at Santa Barbara Property Owners Association. The DE will be provided to Collier County at no cost to County, free and clear of all liens and encumbrances at time of SDP or Plat approval for the residential option. 4-4 SECTION VI DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Section 4.05.04 G., "Spaces required. Table 17. Parking Space Requirements." Multi-family Dwellings, which requires where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project,exclusive of golf courses/clubhouses,the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities. However, any recreation facility shall have a minimum of 2 spaces exclusive of parking spaces for dwelling units,to instead allow parking for all amenities to be calculated at 1 space per 500 square feet of enclosed clubhouse facilities. DEVIATION 2: Relief from LDC Section 4.06.02 C., "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which requires each development type to provide a 15 foot wide type IT buffer where residential and commercial are adjacent to each other to instead allow a shared 15-foot wide type 'B' landscape buffer between commercial and residential tracts with each property contributing 7.5 feet. DEVIATION 3: Relief from LDC Section 4.06.02 C., "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which requires a 10 foot wide type 'A' landscape buffer if developed with multi-family residential along the eastern PUD boundary to instead allow a 5 foot wide landscape buffer with a single row hedge planted on the slope of the berm along the eastern PUD boundary south of the New Hope Ministries PUD preserve area. The single hedge shall be planted at 5 feet height and 4 foot on center and shall be a minimum of 6 feet in height and 80%opaque within one year. DEVIATION 4: Relief from LDC Section 4.06.05 J., "Slope Table 4.06.05 J. and Slope Cross Section 4.06.05 J.",which requires a slope ratio no steeper than 2:1 to be treated with Rip-rap or other forms of erosion and scour protection to instead allow a slope ratio of 2:1 to be treated with ground cover or grass in lieu of rip-rap for stabilization for the drainage swale along the east property line which drains offsite flow from the north. Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 16 of 23 DEVIATION 5: Relief from LDC Section 6.05.01 K."Outfall ditches and open channels",which requires unless otherwise approved by the County Manager or designee pursuant to section 10.02.04 of the LDC,side slopes no steeper than four to one will be allowed. Protection against scour and erosion will be provided as required by the County Manager or designee to instead allow a side slope of 2:1 with ground cover or grass for stabilization for the drainage swale along the east property line which drains offsite flow from the north. DEVIATION 6: Relief from LDC Section 4.06.02 C., "Table 2.4 Table of Buffer Requirements by Land Use Classifications",which requires landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles which would require a 10 foot wide type "A" landscape buffer between mixed use developments, to instead allow no buffer along the northern PUD boundary. Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 17 of 23 SECTION VII UTILITY REQUIREMENTS 7.1 PURPOSE The purpose of this Section is to set forth the utilities requirements which must be accommodated by the project developer. A. Water and Sewer 1. Water distribution and sewage collectionand transmission stems ^" bo nstructeal throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights of way or within utility casements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility asements shall be owned,operated and maintained by the developer,his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to ensure they meet Collier County's utility construction requirements the satisfaction of the Utilizes Division prior to placing any utility facilities, County owned or private ned,into se'b'ico 1 p plot: „f the ate nd�o f ilitie „a io. to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulation in effect at the time conveyance is requested. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 44 Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2,2021 Page 18 of 23 3. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off site water and/or sewer facilities are available to serve the project. 41. It is anticipated that the County Utilities division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences,the Developer, at his expense, will install and operate interim water supply and on site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5. An agreement shall be entered into between the County and the developer, binding on the developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: a. The proposed water supply and on site treatment facilities and/or on site wastewater project and must be regarded as interim; they shall be constructed to State and Federal standards and arc to be owned, operated and maintained by the developer, his assigns or successors, until such time as the County's off site w .ater f cilities andior off site facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the developer and approved by the County for development. The utility facility(ics)may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b. Upon connection to the County's off site water facilities, and/or sewer facilities, the developer, his assigns or successor shall abandon,dismantle and remove from the site the 4-6 Words through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 19 of 23 Interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. c. Connection to the County's off site water and/or sewer facilities will be made by the owners, their assigns or successors, at no cost to engineering design and preparation of construction documents,permitting,modification or refitting of sewage pumping facilities, interconnection with the County off site facilities water and/or sewer lines necessary to make the connection(s), etc. d. At the time County off site water and/or sewer facilities arc available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: (1) All water and/or sewer facilities constructed in publicly owned rights of way or within utility easements required by the County within the project limits will be required to make connection with the Count's off site water and/or sewer facilities; or, (2) All water and sewer facilities required to connect the project to the County's off site water and/or sewer facilities when the on site water and/or sewer facilities arc constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: (a) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary. Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 20 of 23 (b) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility casements necessary. c. The customers served on an interim basis by t shall become customers of the County at the time when County off site water and/or sewer of the project to the County's off site water and/or sewer facilities the developer, his assigns or successors, shall turn over to the County a complete list of the customers served those customers. The developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f. All construction plans and technical specifications related to connection to the County's off site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g. The developer, his assigns or successors, agree to pay all system development charges at the time that building permits arc required,pursuant to appropriate County Ordinances and Regulations in effect at the time of permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to h. The County will 1 ase to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of$10.00 per year,when such system is not connected to the off site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of 48 Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2,2021 Page 21 of 23 activation of the water supply treatment and distribution facilities and/or the sewage collection, transmission and tr atment facilities. The 1 ase, if required, shall remain in effect until the County can provide water and/or sewer service through its off site facilities or until such time that bulk rate water and/or sewer service agreements arc negotiated with the interim utility system serving the project. B. Data required under County Ordinance No. 80 112 showing the availability of sewage service must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. A copy of the approved DER permits must be submitted for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C. If an interim on site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. D. Construction and ownership of the water and sewer facilities, including any proposed interim sewage treatment and disposal facility,shall be in compliance with all Utilities Division standards, policies, ordinances, etc.,in effect at the time construction approval is requested. transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions,demand rates and other factors pertinent to the system under consideration. F. Site Development Plan approval shall not be permitted until the extension of sewer service, however, Lot 1 and 2 may be permitted a septic tank on an interim basis subject to compliance with Chapter 10 D.6, F,.r , should development^ r to the-cxtcnsien of sewer service. 4-9 Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2,2021 Page 22 of 23 SECTION VIII WATER MANAGEMENT REQUIREMENTS 8.1 PURPOSE The purpose of this Section is to set forth the stipulations esta Advisory Board, which stipulations shall be accommodated by the project developer. A. Petitioner shall provide sixty(60)feet of right of way along the entire frontage of Davis Boulevard for future canal widening. B. Detailed paving,grading and site drainage plans-shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. C. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier Count Subdivision Regulations. D. An Excavation Permit will be required for the proposed lake(s)in accordance with Collier County Ordinance No. 88 26. Permit is required prior to construction plan approval. F. A master association will be responsible for the operation and maintenance of on site drainage facilities. 2$ Words struck through are deleted; words underlined are added. The Shoppes at Santa Barbara PUDA (PL20190002356) September 2, 2021 Page 23 of 23 , . . . .• .. . , "1•,,V,i•• 111, ••E'• t• 1 , --• • 1 _ - - --; 1,%-• • - i • .i..,- . 1 tr,,,y104061,,.. r"'"-." . .-:- -x:::' :', '• tr.-.--1.- t,! 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C STATEML=NT OF OYEZ=D CONTROL It•is • intent of the Shoppes of Santa Barbara POD to establ • '� and d•v •p a Planned Unit Development on 13.1 acres. The project located at the intersection of Santa Barbara and • is Blvd. Th object lands are under unified ownership for t_ purpose of taining PUD zoning on the subject property. • Development • this Planned Unit will ccc r in accordant ith the submitted arced Unit Development regulations and conditions the. •f approved with the rezone petition described and agreed to wi 'n the POD document. w , i- r • Laurent ullins Contrac ende• and Equitable Ovner ,,s.- • 1 • e. • i. BOOK O36 N-_.209 L-. I I BEMBRIDGE EMS COMPLEX RPUD AND CFPUD ACCESS EASEMENT,WATER MANAGEMENT AND GNFRD STATION#75 ill 60'CROSS EASEMENT III � (OR 1483, PG 1619) III — _ _ —J III �I�' 6 0 100'200' �I H111"4/1.\_ SCALE: 1" = 200' III I j WHEN PLOTTED @ 8.5"X 11" III I W I POTENTIAL VEHICULAR I 111/ 1 AND/OR PEDESTRIAN 0// 20'WIDE TYPED' I INTERCONNECTION(SEE I II LANDSCAPE BUFFER PUD SECTION 5.3, ITEM I.) I r 1 I NEW HOPE MPUD I ill NO BUFFER REQUIRED PRESERVE I w �11,� ADJACENT TO NEW 1 Z I HOPE MPUD PRESERVE I --I I p,� 1 W I AO 11 W I I 0, � I DRAINAGE EASEMENT 1 D \ I (OR 1483,PG 1619) XI III MIXED USE _ H 1 TO BE VACATED OR MODIFIED 111 0 f% (MU) II 1I D I 1 - NEW HOPE MPUD I jj 1 I MULTI-FAMILY RESIDENTIAL 10 SANTA BARBARA BLVD. ROW (I (OR BOOK 1483 PAGE 1606) j,� 20'WIDE TYPEop D'LANDSCAPE _ o �I BUFFER(SEE I PROPOSED 40' I�� NOTE#2) I DRAINAGE EASEMENT gg III I� � �r F� III I I 20'WIDE TYPE'D' , li 6A LANDSCAPE BUFFER (SEE NOTE#2) - PROJECT BOUNDARY �11til 1 • I 11I �1 1 I 11 ri I�III III �� L DAVIS BLVD. ROW U F"._. i . r������1/ (OR BOOK 1483 PAGE 1606) .. �iltl �•� DAVIS BOULEVARD _ _ 2.4 _ _ ___77) LEGEND: Y m ^� (MU) MIXED USE - COMMERCIAL AND/OR RESIDENTIAL I II III (C) COMMERCIAL a # DEVIATION (SEE NOTE SHEET) SCALE: ©GradyMinor (1.Brady Minor and Annot'Iaten.P.A. THE SHOPPES AT SANTA BARBARA MPUD :2o.IFs•,1„ a 3800 Vln Del Rey JOB CODE, M625OP W nnnlin Winr.,B.Florida 34134 EXHIBIT A Dare: i Fc6MM�ar 2"'' Civil Engineers • Land Surveyors • Planners MASTER PLAN Landscape Architects FILE NAME. Cert.of Auth.Er 0005151 lrrl.of 00th.LB 0013151 Business LC 26000Z66 REVISED: 08/24/2021 r.N.-MCP-n3 9Q Bonito Springs:230.917.11,11 Nun'.Gru rill/Inor.tom Fort Myers:239.690.4380 SHEET 1 OF 2 '.;:i SITE SUMMARY TOTAL SITE AREA: 18.1± ACRE COUNTY ROW 2.0± ACRES COMMERCIAL (C) 1.0± ACRES MIXED USE (MU) 15.1± ACRES COMMERCIAL: MAXIMUM 150,000 S.F. RESIDENTIAL: MAXIMUM 242 DWELLING UNITS OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 0± ACRES PROVIDED: 0± ACRES DEVIATIONS (SEE EXHIBIT E) 1. RELIEF FROM LDC SECTION 4.05.04.G, "SPACES REQUIRED. TABLE 17. PARKING SPACE REQUIREMENTS." 2. RELIEF FROM LDC SECTION 4.06.02, "TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS" 3. RELIEF FROM LDC SECTION 4.06.02 C., "TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS" 4. RELIEF FROM LDC SECTION 4.06.05 J., "SLOPE TABLE 4.06.05 J. AND SLOPE CROSS SECTION 4.06.05 J." 5. RELIEF FROM LDC SECTION 6.05.01.K "OUTFALL DITCHES AND OPEN CHANNELS" 6. RELIEF FROM LDC SECTION 4.06.02 C., "TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS" 6 NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. IF A FACILITY WITH FUEL PUMPS IS PROPOSED, LANDSCAPE BUFFERS ADJACENT TO SANTA BARBARA BOULEVARD AND DAVIS BOULEVARD WILL BE CONSISTENT WITH LDC SECTION 5.05.05 THE SHOPPES AT SANTA BARBARA AIPUD BALL 113 GradyMinor O Crdtly1110urau6800Vtia1DelRe3 oe cooe. 3Nn0 Via Del Rr� uomm Sprino,,4lorinu S4134 EXHIBIT B DATE. • ozs "Bf0AR10$1 Ci{il Engineers • band Surveyors • Planners • Landscape Architects MASTER PLAN NOTES FILE NAME. i.vn.aL10111.EB 000:151 Cert..Aoki.LB 0005161 0ueiness LE 26000266 REVISED 07/16/2021 001111a Springs.239.947.1144 wit tv.Gr .Id,WIn,r,cv^m Fors Myers:239.690.1380 SHEET 2 OF 2 i6 m a W 2 4 4 cn O < O U W A 0 8 W W m = 4o a W W In 04 nj 1:1 I TIL \ CC 0.11117 ii • Z Z D O CO W 0 W m I Q CC WI Z a S O F U W V R .r1 R V O w Z= " m Q oa LaI Z W 2 W ›' Q �d I m W cc ? L1.1 m 0. m0 EH N 0 Q Z V V y2,� QaZ J F M N > LL V d a a N O W w a " Li o U m Z m a = a X W 0 a K 2 cgs -L., / a D U p 7 L �� \,„ 2:4 •_ FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State November 3, 2021 Ms. Martha S. Vergara, Board Minutes & Records Dept. Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-34, which was filed in this office on November 3, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270