Agenda 01/12/2021 Item #9A 3 (Ordinance)9.A.3
ORDINANCE NO.21-
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
102.49f 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 102.49f 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-01960/1586823/11239
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SECTION ONE: CHANGE TO ZONING CLASSIFICATION
The zoning classification of approximately 102.49f 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 day of
ATTEST:
CRYSTAL K. KINZEL, CLERK
an
, Deputy Clerk
Approved as to form and legality:
Heidi Ashton-Cicko \ti
Managing Assistant County Attorney
Attachment: Exhibit A - PUD Document with Exhibits
2021.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
as
, Chairman
[ 19-CPS-01960/1586823/1 1239
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Sabal Bay
A MIXED -USE PLANNED UNIT DEVELOPMENT
2,416..49 2,518.98 f 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:
rGDG hand investments ine. n'
Gellief Land o ,
Naples, FL 3 4103
Minto Sabal Bay, LLC
4400 W. Sample Road, Suite 200
Coconut Creek, FL 33073
PREPARED BY:
3200 Bailey Lane, Suite 24W
Naples, FL 34 105
Barraco and Associates, Inc.
2271 McGregor Boulevard, Suite 100
Fort Myers, FL 33901
And
Reetzel an A ndr- ss
Naples, FL 34103
Richard D. Yovanovich
Coleman, Yovanovich, Koester P.A.
4001 TamiamiTrail North, Suite 300
Naples, FL 34103
EXHIBIT "A"
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TABLE OF CONTENTS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I LEGAL DESCRIPTION, GENERAL DESCRIPTION
AND DENSITY
SECTION II PROJECT DEVELOPMENT
SECTION III
RESIDENTIAL ("R")
SECTION IV
RECREATION/VILLAGE CENTER ("REC/VC")
SECTION V
COMMERCIAL/OFFICE ("CO")
SECTION VI
PRESERVE ("P")
SECTION VII
PUBLIC FACILITIES ("PF")
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
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
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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 f 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:
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 94-5 0.91 dwelling units (DUs) per acre,
4-,994-2,229 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 'T'--^ffi^ Gengestien 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.
b) The maximuffi eembined density and intensity w4hin this PUP shall net exeeed �he
Gellief County en the date ef adeptien ef this PUD. Speeifieally, this PUD is lifnited te a
thr-eshelds fef three ef I . eluding residential, effiee, and fetail uses, and ne sing4e
tise as ene himdr-ed pefeent (1001 ) e f the DR! th she a f r thatuse. Ft ft4he - 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 D r i v e .
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.
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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 projectdesign.
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".
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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,n� 2,518.98 t 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.
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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 1999 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 ''� 2,453
acres. The gross project density shall be a maximum of 045 0.91 dwelling units
per acre.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the Sabal Bay
MPUD, and to identify relationships to applicable County ordinances, policies, and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Sabal Bay MPUD will be a mixed -use planned unit development. The MPUD will
incorporate residential, 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.
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B. Unless otherwise defined herein, or as necessarily implied by context, the definitions
of all terms shall be the same as the definitions set forth in the LDC in effect at the
time of development order application.
C. Development permitted by the approval of this MPUD shall be subject to the Adequate
Public Facilities Ordinance, Section 6.02.00 and Section 10.02.07 of the LDC. At this
time, 1,766 residential units are vested for transportation concurrency pursuant to the
terms of the Standard Form Collier County Contribution Agreement for Road Impact
Fee Credits dated October 22, 2002, 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.
appreved. 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
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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
andmaintained project roadways.
B. Roadways within the Sabal Bay MPUD shall be designed and constructed in
accordance with Chapter 10 ofthe LDC with the following substitutions:
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.
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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, sidewalksibike 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.
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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.
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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 C01, 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.
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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 4.06.021)(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 G M 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.
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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 afour-
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:
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.
Minimum distance between unrelated structures -Ten feet (10')
4. Maximum height of structures - See Table I, Section III Development
Standards.
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 4.02.0113 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
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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 f acres of native vegetation on site) is
required to be retained or replanted. For the purposes of this MPUD, the Preserve Tracts,
which equal 6+ 59% ± ('G 1,332 acres) of the 2,'�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 f acres are not considered
habitats with native vegetation present. Those habitats not included as native vegetation
habitats include commercial uses, open water, cleared lands, -ate 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.
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
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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.
In the case of commercial development within the RECNC District, which is
internalized within the MPUD, and in consideration of mixed -use and/or neo-
traditional development, signage may vary from the requirements of Chapter
5.06.00 of the LDC.
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]
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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 4-,W9 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:
Single family attached and detached dwellings, townhomes.
2. Single family and zero lot line dwellings.
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-
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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.
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, aftd 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:
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.
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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 ofthe 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.
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TABLE I• SABAL BAY MPUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA
MULTI FAMILY/ I t
SINGLE
ZERO
TWO
SINGLE FAMILY
TIMESHARE
CLUBHOUSE/
ALF
SETBACK
FAMILY
LOT
FAMILY/
ATTACHED/
DWELLINGS
RECREATION
CCRC'S 8
DETACHED
LINE
DUPLEX
TOWNHOME
(EXCLUDING
BUILDINGS
TOWNHOUSES
PRINCIPLE
STRUCTURES to
Minimum Lot Area
5,000 SF
4,000 SF
per lot 3,500 SF
2,600 SF
N/A
10,000 SF
Per Section
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
is greater, and a minimum
20'
Per Section
6
Front Yard Setback
15,
15'
15,
15'
of 75 feet from the PUD
3.5 B
perimeter boundary
15' or .5 BH, whichever
Frond Yard Side 5
10'
10'
10'
10'
is greater, and a minimum
N/A
N/A
of 75 feet from the PUD
Entry Garage
perimeter boundary
15' or .5 BH, whichever
is greater, and a minimum
15,
Per Section
t
Rear Yard
10,
10,
10,
10,
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
3.5 B
the PUD perimeter
boundary 4
From Preserve t
25'
25'
25'
25'
25'
25'
25'
50' above FEMA
Per Section
Maximum Height 5
35'
35'
35'
35'
elevation 5'7
55'
3.5 B
Floor Area Minimum
1,200 SF
1,200 SF
1,200 SF
1,200 SF
700 SF
N/A
N/A 8
SF
Minimum Distance
15' or .5 SBH, whichever
I5' SBH,
whichever is
15' SBH,
whichever is
Between
10'
10'
10'
10'
4 9
is greater
4
4
Principal Structures 4
greater
greater
ACCESSORY
STRUCTURES to
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'
0' or 10' 4
0' or 10' 4
0' or 10'
and Principal
Structures on same lot
Maximum Height
SPS
SPS
SPS
SPS
50'
SPS
80'
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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 O 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, eftd 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.
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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-Dl4 thresholds
in Statement of Compliance 2.b). established F a mixed use ram'j eeet (1 nn pe ent f speeif:
ttea is NIPU' is appfo-o. 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:
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).
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).
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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).
Fish, meat, and seafood markets only (Group 5421).
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).
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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 RECNC 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.
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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
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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/01, C/02 and C/03), shall be
developed with an amount of commercial/office square footage that will not exceed the
individual thresholds in Statement of Compliance 2.121. Total retail or other uses on
the C/01 and C/02 shall not exceed 122,000 square feet of retail and 60,000 square feet
of office space.
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:
1
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.
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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.
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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 RECNC 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 - Barbershops;
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.
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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.
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23. Establishments primarily engaged in providing library services, only including
Group 8231 - Libraries.
24. Membership organizations engaged in promoting the interests of their member
as defined under Major Group 86 in the Standard Industrial Classification
Manual.
25. Establishments operating primarily to provide engineering, accounting,
research, and management for the following Groups:
a. 8711 - Engineering services
b. 8712 - Architectural services
C. 8713 - Surveying services
d. 8721 - Accounting, auditing and bookkeeping services
e. 8732 - Commercial economic, sociological, and educational
research
f. 8741 - Management services
g. 8742 - Management consulting services
h. 8743 - Public relations services
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/O1 and
C/02 Tracts. Residential dwelling units shall be counted toward the maximum
+999 2,229 allowable residential dwelling units. A maximum of 390 units shall
be permitted within the combined Tracts R8, C/O1 and C/02. The eemmer-
t 11 t - NAP D e*eeed DIRT tl, L, 1.1 established in ..1+.,pte- 380 e f Fier-i 7..
z ivaauu
Statutesf
f
afffi,aai basis,a "r-ing 11 SDP nd/er- subd visi .n plat s„>,.,.,:tt , 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 ofequipment;
C. The residential uses are designed so that they are compatible with
commercial uses;
d. Residential dwelling units may be located above principal
structures
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e. Residential and commercial uses shall not occupy the same floorof
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.
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D. Minimum Yards and Buffers (External):
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
H_. than those structures permitted to be located within a landscape buffer in
accordance with LDC provision in effect at the time or permitting.
H. Off -Street Parking and Loading Requirements:
As required by Section 4.05.00 of the LDC in effect at the time of SDP approval.
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.
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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. Re ��Principal Use:s and S4...,.�..fe Preserve
B. Pefffii4e Accessory Uses and Structures_
-17 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 longas s 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 sees -in aeeeFdanee with Geer County,SFAI 4D
.
1. Pathways
2. Stormwater only when in accordance with the LDC.
6.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements for Accessory Structures
l . From MPUD or external development tract boundary: Fifteen Feet (15')
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2. From internal tract boundary: Ten Feet (10')
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')
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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.
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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.
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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.
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8.3
8.4
8.5
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.
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.
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. 04-3-51, as amended, and other applicable
County or City rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities shall
be considered to be customers of the County or the City of Naples, as the case may be,
and shall be billed by the County or City in accordance with the County's or City's
established rates.
C. The development shall be subject to application for and conditions associated with
a water and sewer availability letter 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.
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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. AU
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:
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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
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Sabal Bay MPUD Amendment / PUDR-PL20190002305 / 2020-12-8 Packet Pg. 85
9.A.3
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
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Sabal Bay MPUD Amendment / PUDR-PL20190002305 / 2020-12-8 Packet Pg. 86
9.A.3
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:
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
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Sabal Bay MPUD Amendment / PUDR-PL20190002305 / 2020-12-8 Packet Pg. 87
9.A.3
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. UUDon request of Countv, 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 TMP) including
but not limited to striping, si ng_a e�peed 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 exceed 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 4001h 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.
C. 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; wefds-stmek through aredeletions.
Sabal Bay MPUD Amendment / PUDR-PL20190002305 / 2020-12-8 Packet Pg. 88
9.A.3
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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
(Containing 2,416.49 Acres t)
Sabal Bay P.U.D. 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 89032'22" West 2,696.15 feet;
Thence continue along the South line of Said Section South 89929'09" 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 Comer 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°07'15" 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 00632'07" East 60.00 feet;
Thence North 890 281 5911 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 Comer 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 00043'14" 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 comer
of said Lot 71;
Thence along the West line of Said Plat South 0004215" East 1,347,80 feet;
Thence continue along said West line South 00°20'27" West 1,344.53 feet to the Southwest comer of Lot
79 of said plat;
Exhibit B
Page - of
Packet Pg. 93
9.A.3
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 89031'43" 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 00042'49" 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 00044'44" West 1,011.86 feet;
Thence Continue along said East line North 00034'32" 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 39003'59" 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 88013'29" 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 ..a- of
N0229 zoo-502 - - o e : t - c`µo Packet Pg. 94
9.A.3
rr a c o 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 -� of
Post Office Drawer 2800 • Fort Myers, FL 33902
Phone (239) 461-3170 • Fax (239) 461-3169
Packet Pg. 95
9.A.3
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-
o
of -way for local roads rather than the required 60-foot width (throughout).
a
Deviation 2: LDC Section 6.06.01(J), to allow cul-de sacs in excess of 1,000 feet the MPUD
(throughout).
a
Deviation 3: In accord with LDC Section 10.02.04.A.3, Section 2-12 of the Collier County Code
c
of Ordinances, Exhibit "A", Design Requirements for Subdivisions C.17.j of the Administrative
E
Code for Collier County Construction Standards Manual, formerly LDC Section 3.2.8.4.16.10
N
(Section III P. 10 of the proposed Construction Standards Manual) to allow reverse curves
without tangents (throughout).
m
c
Deviation 4: LDC Section 5.03.028 to allow perimeter fences or walls to be permitted at 8 feet
N
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.
o
a
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
m
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.
cn
Deviation 6: LDC Sections 5.06.02 and 5.06.04, formerly Chapter 5.06.05 to allow entrance
00
00
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
o
signage allowed by Chapter 5.06.00, of the LDC. Each of these permitted signs shall be limited
N
to 120 square feet in area and shall only contain the name of the project or any major use,
N
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.
c
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
..
r
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
E
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
Q
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; through aredeletions.
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9.A.3
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.
G /
Words underlined are additions; vefds Stfttek through aredeletions.
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9.A.3
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. 2019-341
Abe 3 of
Words underlined are additions; through aredeletions.
Sabal Bay MPUD Amendment / PUDR-PL20190002305 / 2020-11-24
Packet Pg. 98
9.A.3
'B arraco www.barraco-net
and Associates, Inc. Civil Engineers, Land Surveyors and Planners
"EXHIBIT D,
Affected Area for Deviations 17,18, and 19"
DESCRIPTION
Tract "F-x", "Isles of Collier Preserve Phase 3", recorded in Plat Book 57, at Page
66, of the Public Records of Collier County, Florida.
L:\23239 • ICP Phase 3 (Parcel B)\Descriptlons\Tract F-i.dm
Page ± of
Post Office Drawer 2800 - Fort Myers, FL 33902
Phone (239) 461-3170 - Fax (239) 461-3169
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PROJECT IDENTIFICATION
FLAGPOLES 34" X 3011
(TO BE HUNG ON
STREETLIGHT POLES)
SINGLE FAMILY LAKE
EASEMENT TYPICAL LOT DETAIL
NOTES
1. ALL PROJECT IDENTIFICATION FLAGPOLES
LOCATED ALONG TAMIAMI TRAIL (US 41) SHALL
BE LOCATED ON/WITHIN THE ISLES OF COLLIER
PRESERVE PROPERTY AND NOT WITHIN THE
US 41 RIGHT-OF-WAY.
2. PROJECT IDENTIFICATION FLAGPOLE
LOCATIONS ALONG TAMIAMI TRAIL (US41)ARE
RESTRICTED TO THE NUMBER AND
APPROXIMATE LOCATION SHOWN ON THIS
SIGNAGE PLAN.
3. PROJECT IDENTIFICATION FLAGPOLES AND
SIGNAGE SIZE SHALL NOT EXCEED THE SIZE
AS DEPICTED ON THIS SIGNAGE PLAN.
4. PROJECT IDENTIFICATION FLAGPOLE TEXT
AND GRAPHICAL REPRESENTATION MAY BE
ALTERED FROM WHAT IS SHOWN ON THIS
SIGNAGE PLAN.
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