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CCPC Agenda 12/15/2011 RCCPC REGULAR MEETING AGENDA DECEMBER 15, 2011 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, DECEMBER 15, 2011, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES November 17, 2011 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. PUDA- PL2011 -47: Sabal Bay MPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 05 -59, the Sabal Bay Mixed Use Planned Unit Development, by amending the PUD Document, Exhibit A, to provide for: changes in development standards including right of way widths and sidewalks; addition of general permitted uses to include outside storage and telecommunication facilities; removal of golf as a permitted use; addition of car wash, post office, docks and electric boats as allowable uses in the recreation /village center tract; increase of preserve by 45 acres; increase in floor area ratio for adult living facility and increase in height; removal of affordable housing and removal of Bald Eagle Management Plan and Gopher Tortoise Relocation Management Plan on property located south of Thomasson Drive, south and west of U. S. 41, north and west of the Wentworth PUD, and east of the Naples Bay intercoastal waterway in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416 +/- acres; and providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] B. PUDZ - PL2011 -2115: Community School CFPUD -- An ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Community Facility (CF) zoning district and a Residential (RSF -3) zoning district with an approved provisional use to a Community Facility Planned Unit Development (CFPUD) zoning district for the project known as Community School of Naples CFPUD, located at 13275 Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida consisting of 77 +/- acres subject to conditions; by providing for the repeal of Ordinance Numbers 2000 -06 and 2004 -33, as amended; and by providing an effective date. [Coordinator: Fred Reischl, AICP, Senior Planner] 9. CONSENT AGENDA ITEMS A. Recommendation to accept the Master Mobility Plan Phase II Report and provide recommendations to the Board of County Commissioners. [Coordinator: Nick Casalanguida, Deputy Administrator] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp TO: FROM: AGENDA ITEM 8 -A Co e-r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: DECEMBER 15, 2011 RE: PUDA- PL2011 -47: SABAL BAY MPUD Applicants: CDC Land Investments, Inc. 2550 Goodlette Road North Naples, FL 34103 Agents: R. Bruce Anderson, Esquire Roetzel and Andress 850 Park Shore Drive, Trianon Centre, 3`d Floor Naples, FL 34013 REOUESTED ACTION: Collier Land Development, Inc. 2550 Goodlette Road North Naples, FL 34103 Margaret Perry, AICP Stantec 3200 Bailey Lane, Suite 200 Naples, FL 34105 The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as Sabal Bay MPUD to provide for: changes in development standards including right of way widths and sidewalks; addition of general permitted uses to include outside storage (excluding boats) and telecommunication facilities; removal of golf as a permitted use; addition of car wash, post office, docks and electric boats as allowable uses in the recreation/village center tract; increase of preserve by 45 acres; increase in floor area ratio and increase in height for adult living facility; removal of affordable housing and removal of the Bald Eagle Management and Gopher Tortoise Relocation Management Plans. GEOGRAPHIC LOCATION: The subject property, consisting of 2,416 + /- acres 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. (See location map and proposed PUD Master Plan on the following pages.) PUDA- PL2011 -47: Sabal Bay MPUD Page 1 of 22 December 15, 2011 CCPC Revised: 11/30/11 PURPOSE/DESCRIPTION OF PROJECT: The Sabal Bay MPUD contains a total of 2,416 +/- acres and provides for up to 1,999 dwelling units on 2,350 + /- acres (.85 DU /A). Excluded from this density calculation are 50 acres of commercial and 16 acres of recreation/village center. Included within the 2,350 + /- acres are 938 acres of residential, 32 acres of public facilities (school and fire station/EMS), 12 acres of right - of -way, 780 acres which are being deeded to Rookery Bay, 522 acres of preserve, and 66 acres for the Lely Main and Lely Manor canal easements. The proposed changes are as follows: • Change the sidewalk requirements for Sidewalks from 6 feet both sides or 10 feet one side to allow five both sides or 10 feet one side (by LDC deviation); • Add outside storage (except for boats) and telecommunication facilities as general permitted uses to include; • Remove golf as a permitted use by Changing the RG areas to R; • Add car wash, post office, docks and electric boats as allowable uses in the recreation/village center tract; • Increase the preserve by 45 acres; • Revise the allowed height of potential continuing care retirement uses from 3 stories to 80 feet in the residential areas (excluding R2 -B, R5 and R7); and also allowing a floor area ratio of 0.6 for this use; • Remove affordable housing commitment; • Remove the Bald Eagle Management and Gopher Tortoise Relocation Management Plans; • Add two access points — one on US 41 aligning with St. Andrews Boulevard and one at Hamilton Avenue that will align with Bay Street; • Revise some conditions of approval; • Change side yards and distance between structure setbacks in the Residential Development Standards table. SURROUNDING LAND USE AND ZONING (Please refer to the Zonine Man): North: Thomasson Drive and Thomasson Lane, then developed lots within the Avalon Estates and Pine -view Villas subdivision, all with a zoning designation of RMF -6 East: US 41 (Tamiami Trail East), then a golf course and various developed single- and multi- family residential uses, zoned RSF -3 and RMF -12 and 16, which are interspersed within the golf course, all of which are part of the Lely Golf Estates development; there are also several C-4 and PUD zoned developed commercial tracts fronting US 41 South: Land with a zoning designation of Agricultural that appears to be wetlands (within Sections 35 and 36), and Wentworth Estates, an undeveloped PUD (within Section 30) West: Lands within the City of Naples, Hamilton Harbor PUD, Botanical Gardens PUD and the East Naples Community Park PUD; and various RMF -6, RSF -4 zoned residential developments that front Bayshore Drive PUDA- PL2011 -47: Sabal Bay MPUD Page 2 of 22 December 15, 2011 CCPC Revised: 11/30/11 A SITE LOCATION A PLO ®rAro A -ST A -ST .. .. vuo P A WN MRM 6AEf A -ST A A -ST CON -OT LOCATION MAP ZONING MAP PETITION # PUDA -PL -2011 -47 A -BT tA A -ST SAXON NAN(SR RADIO ROAD (C.R. BSB) 3 Q NESTNEW PLAZA BERKSHIRE g CY6� Aus BRETONNE F SUMMERWOOD PAW 5 GE 4 2 MVI�LLIACE T FOWIRE Y(DRI) BEM9 'MID LANE E6TA SALVAnSPRINGWDOD MOOKSIDE PNY SR M (. . ) N ¥ t {JJ ATOPPES MBARA DAMS IS KELLEY 'ENTRY �� 'MNTER PARK LOCH RIDGE W 8 3 gEgpyT PROPERTY P ' H� W PDEVOE ON71A 11 GAAAN W ESTATE WINGS (R) 7 A1 L LIN WATER TART gg l 9 AND COUNTRY Y WB 1 MILLR SQUARE COLUE COUNTY CQVT. (Mi) WT CROW (P) 1 m Fv�3 PONTE CO R PUD _ SHADOW VERNADO LAGo O HAYEN WATERFORD WUO6 CNICI(ET �� ESTATES WINDSTAR g uKE MM.A m 77 15 74 13 18 CDLWY GOLF r ROYAL WOODS 16 LAKE AVALON ESTAX Si. PE1ER5 i G &C CWB WSNQMN CATNIX C 0 W'OW MANDA AY prua PNOTObI CMURCH MNDSONC GIRAIM I.INIE ~� iHOMA950N ESNAKE HAMMOCK ROAD Y PROJECT LELY N� EB E NN PAWS BOTANICAL GARDEN Pco'" LOCATION 22 23 19 20 LLLY 21 IZ couNmr LELY C UB sou (DRI) LELY, A RESORT COMMUNITY (OR) HA NAPLES MANOR � � 27 2rr 29 28 30 NI(S) O MENTNORTH ESTATES MmTLE woods TREE TOPS WHISTLER5 MAIL cow ACRES 34 35 38 31 32 33 NNCEHnAx (S) MTNORTN ESTATES VICTORIA FALLS 5 �Ti�S 4 EAGLE 3 2 1 6 CREEK LANDS END PRESERVE A SITE LOCATION A PLO ®rAro A -ST A -ST .. .. vuo P A WN MRM 6AEf A -ST A A -ST CON -OT LOCATION MAP ZONING MAP PETITION # PUDA -PL -2011 -47 A -BT tA A -ST LEGEND ABBREVIATIONS EOP pE BACK OF CURB a. BACK OF GUTTER EDGE OF PAVEMENT DRAINAGE EASEMENT LME LAKE MAINTENANCE EASEMENT UE UTIL ITT EASEMENT LIME EL or ELEV COUNTY UTILITY EASEMENT ELEVATION NV INVERT LF NOVO LINEAR FEET NATIONAL GEODETIC VERTICAL DATUM PVI POINT OF VERTICAL INTERSECTION NIC R/W Rr PoW HOT IN CONTRACT RIGHT OF MAT 58 STA SOIL BORING STATION UP UTILITY POLE FDOi FLORIDA DEPARTMENT OF TRANSPORTATION 'ATV CABLE TELEVISION FPL er FPLL UTF FLORIDA POWER A LIGHT UNITED TELEPHONE OF FLORIDA BASE LINE ( CENTERLINE FLOW LINE C PROPERTY LINE CMP CORRUGATED METAL PIPE O.I.P. DUCTILE IRON PIPE PVL MPE PoLYV INYL CHLORIDE PIPE RICH DENSITY POLYETHYLENE INfORCEO CONCRETE PIPE RCP FRCP KIN RE ELLIPTICAL REINFORCED CONCRETE PIPE MANHOLE STR STORM SEWER STRUCTURE X. XX' LT/K.XX' RT FEET LEFT or FEET RIGHT SYMBOLS AIR RELEASE VALVE. COMPLETE _IN -LINE GATE VALVE W/ BOX —IN -L NE PLUG VALVE W/ BOX —o/ /'"* —FIRE """ COMPLETE BLOW -0FF W/ BACTERIAL SAMPLE POINT BACTERIAL SAMPLE POINT BLOW-OFF PIPE PLUG WATER METER 1 IRRIGATION METER REDUCER _BACKFLOW PREVENTER /ABOVE GROUND METER SEWER MANHOLE 1--W SANITARY SANITARY SEVER LATERAL A CLEAN -OUT PUMP STATION �{— STORM SEWER A STRUCTURE HEADWALL U- EDWALL —� CONTROL STRUCTURE — ® MITERED END/FLAREO END SECTION PROPOSED ELEVATION ® PROPOSED PAVEMENT ELEVAi ION ;. Y EXISTING ELEVATION EXISTING PAVEMENT ELEVATION — DIRECTION OF DRAINAGE FLOW 6 SWALE A DIRECTION OF FLOW HAM ICAPPED PARKING SPACE NOTE: OPEN SYMBOLS AM DASHED LIKES DENOTE EXISTING IMPROVEMENTS RE I�A_1��y7i7:� SABAL BAY MPUD SECTION 25, AND PORTIONS OF SECTIONS 23, 24, 26, AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND A PORTION OF SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA A PROJECT OWNED BY CDC LAND INVESTMENTS, INC. AND COLLIER LAND DEVELOPMENT, INC. 2550 GOODLETTE ROAD NAPLES, FL 34103 PHONE I nCATInN MAP SITE MAP wilsdnmiller IF Planners , Engineers , Ecologists „ Surveyors . Landscape Architects < Transportation Consultants WilsonMiller, Inc. 3200 aeYey lAm, Sude 200 . N*Ies, Ronda 3495 -6507+ Phone 299-649 -4040 . Fax 299-267-6494 , Web -Rile A— misoPRMIBrc m INDEX TO SHEETS SHAEET DESCRIPTION 0. 1 COVER SHEET 2 MPUD MASTER PLAN 3 CONCEPTUAL WATER MANAGEMENT PUN JOHN MALONEY. MM I JOHN ENO118H I MAROAAET PERRY, AICP PE ASE] DATE ff' 41' 20 2O %% CHECKED BY JOHN L'NCLIShr PROJECT NUMBER 215610027 DATE INDEX NUMBER MAY 2011 DD- N0229-086 UM I nCATInN MAP SITE MAP wilsdnmiller IF Planners , Engineers , Ecologists „ Surveyors . Landscape Architects < Transportation Consultants WilsonMiller, Inc. 3200 aeYey lAm, Sude 200 . N*Ies, Ronda 3495 -6507+ Phone 299-649 -4040 . Fax 299-267-6494 , Web -Rile A— misoPRMIBrc m INDEX TO SHEETS SHAEET DESCRIPTION 0. 1 COVER SHEET 2 MPUD MASTER PLAN 3 CONCEPTUAL WATER MANAGEMENT PUN JOHN MALONEY. MM I JOHN ENO118H I MAROAAET PERRY, AICP PE ASE] DATE ff' 41' 20 2O %% CHECKED BY JOHN L'NCLIShr PROJECT NUMBER 215610027 DATE INDEX NUMBER MAY 2011 DD- N0229-086 u) .u..eraEmia,. mLEGAL DESCRIPTION tHOMASON ROE' _ _ _ R fi nN1ANE_ �TiLES�K ROAD (CR 664)! THOMAS, ... I nixwruM PF R8� C4 RMF -12 o : PUD / I RMF -18 .. .... .......... ... J PUD I� Ixnus .mxmx cwoEx) I ' � Rs I l \ RMF -1 6 �DANFORD ST I e 1••.' [ '— - _ _I I_ RI GC as RMP°k P ° o ° ..,m .°gym w..wr.M.n I ,.......mw ,�� -�— - \� n..Miwe+w ..,e� ''tt.. •t G 000P PUO -mssL�\ I \ \ \\� y� F13 l� RSF -S PC /— j/1 \ RMF -6 BMUO Rf I rl \� FIEC'•C� �` . s PUD R12 R3 WA R3 A° VR \\ ..m RSF -3 P I A92 -A, II A I \ \ RMIMF / RNM' F f1A1Fp ` q y � l)'F`� HATCH LEGEND Nnrro Lu4wMl .— M.As ® mw 6 u)R.c LAND USE SUMMARY USE ACRGOE ID MsE BFC/rC R RESIDENtKL MC/VC RECREMION/Vd E CENTER Cp ./..Rrr. PF PUBUC FACIUMES P PRESERVE P /r,wcr.3 PRESERVE (To rt ortom m .a.ow) -- -- Stat�tec — Ksg AY 2011 COLLIER LAND—DEVELOPMENT, INC. MPUD MASTER PLAN w Mwwo.o.y,Arp.wyrtla �a wrz Mr 0. ]0 0 />• /,I Jx.4uu fAt..He -x ^mm J.L.E 1025 SABAL BAY MPUD � N A� DO- N0229 -D6fi m....J.M.I 1321 s DO -NOx29 -088 21561D027 002.003 LEGEND ID MsE R RESIDENtKL MC/VC RECREMION/Vd E CENTER Cp COMMERCIAI,/OFFICE PF PUBUC FACIUMES P PRESERVE P /r,wcr.3 PRESERVE (To rt ortom m .a.ow) ,.q ACCESS POINT WITH ROADWAY -Y (TO AND FROM)�') PUBLIC WATER SUPPLY WELL (I.— m. m cM,.. ROAOVIA'S �An -- -- Stat�tec — Ksg AY 2011 COLLIER LAND—DEVELOPMENT, INC. MPUD MASTER PLAN w Mwwo.o.y,Arp.wyrtla �a wrz Mr 0. ]0 0 />• /,I Jx.4uu fAt..He -x ^mm J.L.E 1025 SABAL BAY MPUD � N A� DO- N0229 -D6fi m....J.M.I 1321 s DO -NOx29 -088 21561D027 002.003 WINDSTAR 2L MATSON ARrVE__ cv D II — ldQ9ASWN_L6NE_ D SID HATCH LEGEND LEGEND -NOTES t IR TEr gr�.IED 5- 4. E La �A CTION C TREVISO SAY 0, SECTION A v, CDC INVESTMENTS, I Stantec COLLIER LAND LAND DEVELOPME SABAL BAY MPUD SECTION CONCEPTUAL WATER MANAGEMENT PLAN GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Mixed Use District, Urban Coastal Fringe Subdistrict and Urban Commercial District, Mixed Use Activity Center Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The Urban Coastal Fringe Subdistrict is intended to provide transitional densities between the Conservation designated area and the Urban designated area. Residential densities in this subdistrict are limited to a maximum of four dwelling units per acre, except as allowed by the Density Rating System. This Subdistrict can accommodate a variety of residential and non- residential uses, including mixed -use planned unit developments, safety service facilities, schools and telecommunications facilities. The subject site is also within the Traffic Congestion Area, part of the Density Rating System, and the site is entirely within the Coastal High Hazard Area (CHHA). The Density Rating System provides for an eligible base density of 4 dwelling units /acre (DU /A) throughout the Urban — Mixed Use District (except for the Urban Residential Fringe capped at 1.5 DU /A), whether in or out of the CHHA. But, because the site is located within the Traffic Congestion Area it is subject to a 1 DU /A reduction, thereby making the site eligible for an adjusted base density of 3 DU /A. Additionally, the MPUD includes a Recreational/Village Center Tract, approved for commercial and recreational uses (consistent by FLUE Policy 5.1), that is being relocated and the size reduced from 27± acres to 16± acres. The MPUD also includes a commercial tract located within Mixed -Use Activity Center #17 near the corner of Thomasson Drive and US -41. The Activity Center concept is designed to concentrate new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create a focal point within the community. The existing PUD is approved for up to 200,000 sq. ft. of retail uses, 60,000 sq. ft. of office uses, and 250 hotel rooms. The Sabal Bay MPUD provides for up to 1,999 dwelling units on 2,350± acres (.85 DU /A); a 31- acre educational facility; a 1 -acre fire and rescue site; 66± acres of commercial development; 12± acres of platted right -of -way; and 780± acres of tidal wetlands. The above referenced modifications do not propose to increase the density or commercial intensity approved previously within the MPUD. FLUE Objective 7 encourages the use of smart growth principles. The applicant has addressed several of these within the MPUD, including a diversity of housing types, provision of open spaces, pedestrian and bicycle paths, and interconnections. Based on the above analysis, staff concludes that the proposed modifications to the MPUD may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GNP). PUDA- PL2011 -47: Saba[ Bay MPUD Page 3 of 22 December 15, 2011 CCPC Revised: 11/30/11 US -41 Im acts: The first concurrency link that is impacted by this zoning amendment is Link 93.0, US -41 between the Rattlesnake Hammock Road and Triangle Boulevard. The peak impact that is proposed on US -41 during the PM Peak Hour is 41 directional trips. This represents a 1.2% impact on US -41. This segment of US -41 currently has a remaining capacity of 915 trips, and is currently at LOS "C" as reflected by the 2011 AUIR. Thomasson Drive Impacts: Another concurrency link that is impacted by this zoning amendment is Link 108.0, Thomasson Road between the Bayshore Drive and US -41. The peak impact that is proposed on Thomasson Drive during the PM Peak Hour is 13 directional trips. This represents a 1.2% impact on Thomasson Drive. This segment of Thomasson Drive currently has a remaining capacity of 346 trips, and is currently at LOS "B" as reflected by the 2011 AUIR. This roadway segment is located within the County's adopted TCEA; however the Developer is not seeking exception from concurrency on this link. Bayshore Drive Impacts: Another concurrency link that is impacted by this zoning amendment is Link 7.0, Bayshore Drive between Thomasson Road and US -41. The peak impact that is proposed on Bayshore Drive during the PM Peak Hour is 24 directional trips. This represents a 1.2% impact on Thomasson Drive. This segment of Thomasson Drive currently has a remaining capacity of 1,308 trips, and is currently at LOS "B" as reflected by the 2011 AUIR. This roadway segment is located within the County's adopted TCEA; however the Developer is not seeking exception from concurrency on this link. No subsequent concurrency links within Collier County are significantly impacted by this project. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the amendment for consistency with the CCME. Environmental review staff has determined the petition may be found consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County Growth Management Plan as discussed above. The proposed amendment is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning star recommends that the petition be found consistent with the goals, objective and policies of the overall GMP if the conditions recommended by staff are adopted as part of any approval. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to PUDA- PL2011 -47: Sabal Bay MPUD Page 4 of 22 December 15, 2011 CCPC Revised: 11/30/11 support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff is recommending approval subject to the Environmental conditions contained in the PUD document. Please refer to the EAC staff report for details about this project's environmental issues. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right -of -way and access issues as well as roadway capacity, and recommends approval subject to the Developer /owner commitments as provided in Section VIII of the MPUD ordinance. Utilities Review: During the last resubmittal review, Collier County Utilities staff asked that the applicant make the following change to Item 8.5.1): The owners shall reserve three request easements, and associated utility and access easements to connect with the 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. Instead providing easements for wells sites, County may require an easement for a future wastewater force main through the PUD and fronting along US 41 to the southern boundary of the PUD. This conveyance shall occur at the time of the SDP, or final subdivision approval for the area within the development phase that contains the easement. The applicant's agent has responded to this issue in a November 9, 2011 letter as follows: Property owner does not agree to this suggested condition. There is no legally required rational nexus for this unlawful exaction in that nothing in the proposed MPUD amendment necessitates a force main to serve the PUD. The draft PUD document does not include this condition. Bayshore Gateway Triangle Community Redevelopment Agency (CRA): Staff received the following comments from David Jackson, the Executive Director of the CRA: CRAIMSTU staff has reviewed and has no objections, changes or modifications to the proposed language in the developer's commitment, and encourages this PUD Amendment to move forward through the review process as expeditiously as possible. Zoning Services Review: The Master Plan shows the areas proposed for development provided in the Land Use Summary and Legend shown on the Master Plan. Additionally, right -of -way areas are generally depicted. Due to the size of the project, building orientations and building locations and other details are not shown on the Master Plan. The Master Plan includes the following summary and legend information: PUDA- PL2011 -47: Sabal Bay MPUD Page 5 of 22 December 15, 2011 CCPC Revised: 11/30/11 LAND USE SUti1MAR" USE ACREAGE R 938E REC /VC 16t Co 54f PF 32+ P 522E PjRBNERR 78pf LELY MAIN CABAL EASMNT 52t LELY VANOR CANAL EASDA =NT 14f Ex. - HOMASSON :)P,/EX. CARCIKAL NAY 12f TCTA- 2.416 FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. In this amendment, the petitioner is adding the following new uses: 1. Outside storage areas for recreational vehicles, trailers, and similar uses for the use by the project's residents and guests, excluding boats 2. Telecommunications facilities, including but not limited to, digital, fiber optic, microwave, satellite, UHF, VHF, FM, AM, short wave, and other sending and receiving facilities and structures, subject to applicable permitting and written approval by the owners or master homeowners' association. Within the "PF" Public Facility tract as identified on the MPUD Master Plan this use shall be limited to those telecommunication facilities that primarily serve the specific Public Facility use constructed on this tract, except that this limitation shall not apply to all or any portion of the "PF" tract that is developed for uses permitted in the "R " Subdistrict as provided in Section 7.1. 3. Carwashes (Group 7542) [within the Recreation/Village Center area only] 4. United States Postal Service (Group 4311) [within the Recreation/Village Center area only] 5. Add docks and electric boats as allowable uses in the recreation/village center tract. The proposed Outside Storage Areas will need to be provided in compliance with the LDC section 4.02.12 that sets for the supplemental requirements for outside storage uses as follows: PUDA- PL2011 -47: Sabal Bay MPUD Page 6 of 22 December 15, 2011 CCPC Revised: 11/30/11 LEGEND ID USE R RESIDENTIAL REC/VC RESREATION /VILLAG: CENTER Co COMMERCIAL /OFFICE PF PUBLIC FACILITIES P PRESERVE P /RMERR PRESERVE (TO BE DE:DED TO RBNERR) FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. In this amendment, the petitioner is adding the following new uses: 1. Outside storage areas for recreational vehicles, trailers, and similar uses for the use by the project's residents and guests, excluding boats 2. Telecommunications facilities, including but not limited to, digital, fiber optic, microwave, satellite, UHF, VHF, FM, AM, short wave, and other sending and receiving facilities and structures, subject to applicable permitting and written approval by the owners or master homeowners' association. Within the "PF" Public Facility tract as identified on the MPUD Master Plan this use shall be limited to those telecommunication facilities that primarily serve the specific Public Facility use constructed on this tract, except that this limitation shall not apply to all or any portion of the "PF" tract that is developed for uses permitted in the "R " Subdistrict as provided in Section 7.1. 3. Carwashes (Group 7542) [within the Recreation/Village Center area only] 4. United States Postal Service (Group 4311) [within the Recreation/Village Center area only] 5. Add docks and electric boats as allowable uses in the recreation/village center tract. The proposed Outside Storage Areas will need to be provided in compliance with the LDC section 4.02.12 that sets for the supplemental requirements for outside storage uses as follows: PUDA- PL2011 -47: Sabal Bay MPUD Page 6 of 22 December 15, 2011 CCPC Revised: 11/30/11 The storage areas must be fenced or walled with All permitted or conditional uses allowing for outdoor storage, including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicle intended for sale or resale, shall be required to screen such storage areas with a fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in height above ground level. Said fence or wall shall be opaque in design and made of masonry, wood, or other materials approved by the County Manager or designee. LDC Section 5.05.11 lists the additional limiting development parameters for a car wash that abuts residential zoning. That section provides additional setbacks, additional fencing requirements, and limiting hours. The additional screening and buffering required by the LDC should adequately address any potential incompatibility of the proposed new uses. The petitioner is also proposing to remove golf courses as permitted uses. That should have no impact upon neighboring properties. The petitioner is seeking to remove the affordable housing commitment from Section 8.10 of Ordinance #05 -59, shown below: A. The developer, or its successors or assigns, shall pay the sum of $1, 000.00 to the Collier County Affordable Housing Trust Fund for each residential unit not located within Tracts RG8, C101 and C 102. The payment shall be made within seven (7) days on the closing of the residential unit. B. The developer or its successors or assigns shall pay the sum of fifty cents ($0.50) for each square foot of retail development constructed on the property, excluding Tracts C/O] and C 102, to the Collier County Affordable Housing Trust Fund within seven (7) days of the improvement receiving a CO. C. The payment of the sums set forth in the Section shall satisfy any obligations of the project to pay linkage fee, or similar types of fees should an ordinance establishing such fees be adopted by the Board of County Commissioners in the future. Staff has no objection to this proposed change as the Board of County commissioners recently allowed the petitioner in Sonoma Oaks PUD to remove the affordable housing commitment from that PUD. No bonus density allowances were made to either PUD zoned projects; the commitments were made based upon Board direction at that time. The petitioner is seeking approval to remove the Bald Eagle and Gopher Tortoise Relocation Management Plans from the PUD document. The developer will still need to comply with all applicable regulations set forth by other reviewing agencies. Removal of the documents as attachments to the PUD ordinance will not exempt the petitioner from any local, state or federal requirements. The proposed action merely simplifies the process if changes to the Management Plans are required by other agencies in that the petition would not then be forced to amend the PUD document. PUDA- PL2011 -47: Sabal Bay MPUD Page 7 of 22 December 15, 2011 CCPC Revised: 11/30/11 it I The petitioner is revising to allowable height of structures for any continuing care retirement uses from three stories to allow structures to be 80 feet tall. Note however that these uses are NOT permitted uses in R2 -B, R5 or R -7. With that caveat, the continuing care retirement use structures would not be abutting any external residential uses. The PUD is being amended to add two access points —one on Tamiami Trait to align with St. Andrews Boulevard, and the other align with Bay Street and Hamilton Avenue as shown below: QANFQRU ST Hamilton Avenue "cs'° rciuJ �co� . "• 3NNEC -RO!7 AT M1TFRSWnOM CF 3' "T+6TA.)"LT8MA.Nic ❑ 7 C n =RAY � `1 l rr Excerpt from proposed PUD Ordinance Zoning Staff is of the opinion that this project will be compatible with the adjacent uses and zoning in the area. Deviation Discussion: The petitioner is seeking approval of 15 deviations from the requirements of the LDC. Of those deviations, eight were previously approved in Ordinance No. 05 -59. The applicant wishes to retain those eight deviations noting that they are already approved, and seek seven new deviations. The applicant has provided a list of Deviations divided into two parts to distinguish between those already approved and the proposed new ones. Staff has listed the previously approved deviations without further analysis, but has provided an analysis for the proposed new deviations. Deviations are a normal derivative of the PUD rezoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or PUDA- PL2011 -47: Sabal Bay MPUD Page 8 of 22 December 15, 2011 CCPC Revised: 11/30/11 control. PUDs .... may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest.... PREVIOUSLY APPROVED DEVIATIONS: Deviation 1: LDC Section 6.06.01(0) and LDC Appendix B, in order to allow 50 feet of right - of -way for local roads rather than the required 60 -foot width (throughout). Deviation 2: LDC Section 6.06.01(J), to allow cul -de sacs in excess of 1,000 feet the MPUD (throughout). Deviation 3: In accord with LDC Section 10.02.04.A.3, Section 2 -12 of the Collier County Code of Ordinances, Exhibit "A", Design Requirements for Subdivisions C.17 j of the Administrative Code for Collier County Construction Standards Manual, formerly LDC Section 3.2.8.4.16.10 (Section III P. 10 of the proposed Construction Standards Manual) to allow reverse curves without tangents (throughout). Deviation 4: LDC Section 5.03.02B to allow perimeter fences or walls to be permitted at 8 feet on top of a 4 foot berm, formerly approved as a height of eight feet (8') as measured from the finished grade of the ground at the base of the fence or wall, and modified at staff's request. Deviation 5: LDC Section 5.06.02.B.6., formerly Section 5.06.04 A. 6. (b.) to allow a maximum of two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each (rather than the combined size permitted in the LDC of 64 square feet) and shall not exceed a height of 6 feet as measured from finished grade. Deviation 6: LDC Sections 5.06.02 and 5.06.04, formerly Chapter 5.06.05 to allow entrance signs up to 120 square feet. Two ground signs shall be permitted for each project entrance (on US 41, Thomasson Drive and Bayshore Drive), and shall be allowed in addition to other signage allowed by Chapter 5.06.00, of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the developer's owners' name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. Deviation 7: LDC Section 4.05.04, to allow parking for uses and structures constructed in the Recreation/Village Center to be reduced by up to 25% of the applicable LDC parking requirements, should such a reduction be deemed to be warranted through the development and submission of a shared parking analysis submitted with the SDP application. Parking requirements shall be determined utilizing the modal splits and parking demands for various uses recognized by Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking area will vary depending on the multiple functions or uses in close proximity which are unlikely to require the same spaces at the same PUDA- PL2011 -47: Sabal Bay MPUD Page 9 of 22 December 15, 2011 CCPC Revised: 11/30/11 i time. The shared parking analysis methodology shall be determined and ag eed upon by the County Transportation Growth Management Staff and the developer owners dupng the SDP pre - application meeting. The shared parking analysis shall use the maximum squ footage of uses proposed by the SDP application. 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. NEW DEVIATIONS: 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. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation would allow the Owners to minimize impacts to potential wetland or upland preserves while maintaining accessibility throughout the site. Staff Analysis and Recommendation: The deviation is being sought in conjunction with deviation #1 that is already approved. According to the petitioner's agent, this deviation is an off shoot from the reduction of 60 feet to 50 feet, to allow a 40 foot wide minmum width in two specific locations and in other potential cases, on internal private roadways where a reduction is warranted to minimize wetland/upland impacts. The narrower road widths will be used for the potential future connections to Bay Street and Hamilton Avenue (shown on page 7) and the Wentworth PUD as shown below: TO ADJACEUT CrijvkINry i LDC Section 6.06.0l.0 allows developers of any type (zoned) project to ''seek alternatives pursuant to LDC Section 6.06.01.0 at the time of platting. Those requests must be accompanied by "documentation and justification for the alternate section based on sound engineering principals and practices." These alternative designs are often sought as part of the zoning process so the developer can have some assurances that the proposed Master Concept Plan is viable if the Master Plan siting was calculated using an alternative design. The PUD deviation process provides a way for the petitioner to acquire that assurance without being required to PUDA- PL2011 -47: Sabal Bay MPUD Page 10 of 22 December 15, 2011 CCPC Revised: 11/30/11 submit the alternative design in compliance with LDC Section 6.06.01.0. Staff concurs with the applicant's assessment of the situation for this particular project. Staff sees no detrimental effect if this deviation request is accommodated. Zoning and Land Development Review staff recommend APPROVAL of this deviation, fmding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h the petitioner has demonstrated that the deviation is "iustified as meeting public mmoses_to_ a degree at least equivalent to literal application of such regulations." 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. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The applicant requests the ability for all privately owned roadways internal to the Sabal Bay development to provide a minimum five -foot sidewalks 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. Staff Analysis and Recommendation: Again, this is a deviation that is often sought by applicants during the zoning process. The deviation is an oft - sought alternative. Staff sees no detrimental effect if this deviation is approved subject to the limitations provided in the applicant's rationale, i.e., the developer must either provide a minimum five -foot sidewalks on both sides of all streets or a minimum ten -foot wide pathway on one side of the street. Zoning and Land Development Review staff recommends APPROVAL of this deviation as limited above, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.S.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 11 seeks relief from LDC Section 4.06.02 which requires a Type B buffer between single family and multi - family uses, to provide no buffer between these uses when a water body separates the two uses. Petitioner's Rationale: The petitioner provided the following justification for this deviation, "Requiring the installation of a buffer in these areas would inhibit the lake views for both single family and multi - family residences." Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is accommodated. PUDA- PL2011 -47: Sabal Bay MPUD Page 11 of 22 December 15, 2011 CCPC Revised: 11/30/11 Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safetv and welfare of the community," and LDC Section 10.02.13.B.5 .h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." 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. Petitioner's Rationale: The petitioner provided the following justification for this deviation: This deviation requests to allow rip -rap treatment along the backslope of certain roadway crossings 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. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.S.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." 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. Petitioner's Rationale: The petitioner provided the following justification for this deviation: 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 ratio of 0.60 which is similar to other approved continuing care retirement communities in this area. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. As noted by the petitioner, this allowance has been approved in other projects. PUDA- PL2011 -47: Saba[ Bay MPUD Page 12 of 22 December 15, 2011 CCPC Revised: 11/30/11 Zoning and Land Development Review staff recommends APPROVAL of this deviation fmding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safetv and welfare of the community." and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting_public purposes to a degree at least equivalent to literal application of such regulations." Deviation 14 seeks relief from LDC Sections 5.06.02 and 5.06.04 to allow entrance signs up to 120 square feet. Petitioner's Rationale: The petitioner provided the following justification for this deviation: 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. StaffAnalysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. As noted by the petitioner, this deviation is already approved for the project's other entrances. Zoning and Land Development Review staff recommends APPROVAL of this deviation fmding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting _public purposes to a degree at least equivalent to literal application of such regulations." Deviation 15 seeks relief from LDC Section 50.03.02 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. Petitioner's Rationale: The petitioner provided the following justification for this deviation: 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. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safetv and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDA- PL2011 -47: Sabal Bay MPUD Page 13 of 22 December 15, 2011 CCPC Revised: 11/30/11 FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and /or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the attached report from Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area, subject to approval of the recommended limitation of staff, the proposed development standards and project commitments. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. PUDA- PL2011 -47: Sabal Bay MPUD Page 14 of 22 December 15, 2011 CCPC Revised: 11/30/11 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. Additionally this petition represents an amendment to an approved PUD; no acreage or intensity or density is being added. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting publicpurposes to a degree at least equivalent to literal application ofsuch regulations. The petitioner is seeking 15 deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of all deviations. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME. Therefore, staff recommends that this petition be deemed consistent with the GMP subject to staffs conditions of approval. 2. The existing land use pattern; PUDA- PL2011 -47: Sabal Bay MPUD Page 15 of 22 December 15, 2011 CCPC Revised: 11/30/11 Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. The applicant's request is consistent with the proposed GMPA. 6 Whether the proposed change will adversely influence living conditions in the neighborhood, Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because ofpeak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP if the mitigation is included in any recommendation of approval. 8. Whether the proposed change will create a drainage problem; PUDA- PL2011 -47: Sabal Bay MPUD Page 16 of 22 December 15, 2011 CCPC Revised: 11/30/11 The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staffs conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity PUDA- PL2011 -47: Sabal Bay MPUD Page 17 of 22 December 15, 2011 CCPC Revised: 11/30/11 of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NM: The NIM meeting was duly noticed by the applicant and held on September 12, 2011. Members of the project team that were present include Patrick Utter, Valerie Pike, Bruce Anderson, Margaret Perry, John English, Reed Jarvi, and Andy Woodruff. Kay Deselem, Collier County Principal Planner also attended. Approximately 22 members of the public were also in attendance. Margaret Perry of WilsonMiller Stantec welcomed those in attendance and provided an overview of the requested PUD amendment application. The project was originally approved in 1986 and the most recent amendment to the project was approved in 2005. The project is approved for the maximum development of up to: 1,999 residential dwelling units, 200,000 square feet of retail, 60,000 square feet of office, and 250 hotel rooms. Ms. Perry summarized what is already PUDA- PL2011 -47: Saba[ Bay MPUD Page 18 of 22 December 15, 2011 CCPC Revised: 11/30/11 approved for the project. There is no change proposed for the existing, approved development parameters. Summary of the proposed changes are as follows: • The elimination of the golf course • The addition of 2 access points — one on US 41 lining up with St. Andrews Boulevard and one at Hamilton Avenue • Revision to the allowed height of potential continuing care retirement uses from 3 stories to 80 feet in the residential areas; and also allowing a floor area ratio of 0.6 for this use • Inclusion of car washes and post office as an allowed use in the recreation/village center area • Inclusion of outside storage areas (excluding boats) and telecommunications facilities as allowed uses • Changes to some of the conditions of approval Patrick Utter then provided a more detailed overview of the proposed master plan for the project and fielded questions from the audience. Questions asked/issues raised: Will the trails be available for public use? Response: This will be a gated community and the trails will not be open to the general public. After a question from a member of the audience, Mr. Utter provided clarification of the location of the preserve areas. Why the need for 80 feet height for CCRC /ALF facility(ies)? Response: Based on market research for these types of facilities and the needs of the residents, more compact, vertical facilities are desired, similar to those found in Moorings Park. Also noted that there is no confirmation at this time that there will be a CCRC /AFL in the project; it is a proposed use. There was concern voiced regarding the height for this potential facility if located near existing residential dwelling units and also the long term effect of tall buildings to the East Naples area. Mr. Utter clarified that the project is approved for 1,999 units and 340 have already been committed for a portion of the project located north of Thomasson Drive, leaving 1,659 units for the remaining residential area within the project. Is the R7 area noted on the master plan going to be residential? Response: Yes. Given this fact, won't this provide an increase in traffic on Hamilton Avenue given the proposed new access point? Response: Better traffic circulation should be the result. Instead of residents exiting onto U.S. 41 or Thomasson Drive and going around to go down Bayshore Drive, this access will provide residents the ability to access the Hamilton Harbor Marina without traveling miles to reach the destination. Mr. Utter explained that there are currently about 200 members of Hamilton Harbor Yacht Club, and they have the ability to provide membership for 600 members and hopefully, some residents of Sabal Bay will choose to become members. Mr. Utter explained that single family lot sizes will vary throughout the project with average lots width ranging from 45 feet to 120 feet. PUDA- PL2011 -47: Saba[ Bay MPUD Page 19 of 22 December 15, 2011 CCPC Revised: 11/30/11 Will there be access to the project from Bayshore Drive? Response: Yes. These are not new access points but are already approved. Entrances to the project from Bayshore Drive will be gated. Where will the access points be during the construction phase of the project? There was concern regarding large truck traffic during the construction phase. Response: The definite location for construction traffic access is not yet finalized and will have to be coordinated with the County Transportation Department. Construction of the first phase of development is expected to begin at the main project entrance on U.S. 41 located south of the Lely Main Canal and will probably wrap around behind the existing shopping center. The clubhouse /recreation center will be part of the first phase of development. Construction project entrance could be from the Thomasson Drive access point. Could there be another developer who actually develops the project? Response: That is a possibility; however, if a future developer desires changes to the existing development parameters, they would have to go through a PUD amendment process again. Will this project have any effects on the existing Avalon Elementary School or East Naples Community Park? Response: A site for a middle school has already been designated within the project and that property is currently owned by the School District. No negative effects to either of the facilities are projected. Discussion occurred regarding increases in traffic on Hamilton Avenue and Bayshore Drive as a result of the project and other development in the area including Naples Botanical Garden. Could the access onto Hamilton Avenue be strictly for access to the marina and not to the transportation network? Response: This may not be possible due to environmental constraints. What is the projected timeframe for the project? Response: Market will determine; it's probably a 10 -15 year timeframe. Discussion occurred regarding improvements to the Avalon Canal including the 10 foot buffer on either side. The timing for these improvements is not yet known and the County will be responsible for ongoing maintenance. How will this project affect the drainage in the Bayshore area? Response: This project does not outfall into the Avalon Canal and should not affect the drainage in the area. What type of fence will be provided? Response: Not finalized at this time but a black, vinyl, chain -link fence is foreseen. Mr. Utter explained that portion of the project is within the existing MSTU and CRA and will provide increase in revenues via taxes for improvements within the MSTU and CRA. The applicant has been coordinating with CRA staff and hopes to come to agreement on conditions of approval that will be beneficial to projects within the CRA. PUDA- PI2011 -47: Sabal Bay MPUD Page 20 of 22 December 15, 2011 CCPC Revised: 11/30/11 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC reviewed this project on November 2, 2011. The EAC voted 5 to 0 to recommend approval subject to the following conditions: 1. In Section 8.7.A, line 1 of the document "Sabal Bay — A Mixed Use Planned Unit Development — Exhibit A" - Deletion of the portion of line 1 stating, "Per Agreement with the Conservancy of Southwest Florida." 2. The MPUD document(s) must be revised where necessary to cite the allowed density (1.29 units per acre). 3. The applicant considers the use of pervious pavement/materials where applicable. 4. The applicant considers utilizing low level, directional exterior lighting (to protect the integrity of existing and proposed preserve areas). 5. The applicant considers incorporating Low Impact Development design standards within the project. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on November 21, 2011. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA- PL2011 -47 to the BCC with a recommendation of approval subject to the draft ordinance. PUDA- PL2011 -47: Sabal Bay MPUD Page 21 of 22 December 15, 2011 CCPC Revised: 11/30/11 PREPARED BY: KAYO DOELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: DATE RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES "4—'Z�Lj WTULIAM D. LO NZ, JR . .,DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: GROWTH MANAGEMENT DIVISION 10 -Z.ari DATE i/ -Z q -1/ DATE Tentatively scheduled for the February 28, 2012 Board of County Commissioners Meeting PUDA- PL2011 -47: Sabal Bay MPUD Page 22 of 22 December 15, 2011 CCPC Revised: 11/16/11 ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 05 -59, THE SABAL BAY MIXED USE PLANNED UNIT DEVELOPMENT, BY AMENDING THE PUD DOCUMENT, EXHIBIT A, TO PROVIDE FOR: CHANGES IN DEVELOPMENT STANDARDS INCLUDING RIGHT OF WAY WIDTHS AND SIDEWALKS; ADDITION OF GENERAL PERMITTED USES TO INCLUDE OUTSIDE STORAGE AND TELECOMMUNICATION FACILITIES; REMOVAL OF GOLF AS A PERMITTED USE; ADDITION OF CAR WASH, POST OFFICE, DOCKS AND ELECTRIC BOATS AS ALLOWABLE USES IN THE RECREATION/VILLAGE CENTER TRACT; INCREASE OF PRESERVE BY 45 ACRES; INCREASE IN FLOOR AREA RATIO FOR ADULT LIVING FACILITY AND INCREASE IN HEIGHT; REMOVAL OF AFFORDABLE HOUSING AND REMOVAL OF BALD EAGLE MANAGEMENT PLAN AND GOPHER TORTOISE RELOCATION MANAGEMENT PLAN ON PROPERTY LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U. S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY IN SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416 +/- ACRES; AND PROVIDING AN EFFECTIVE DATE. 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, Margaret Perry of Wilson Miller Stantec and R. Bruce Anderson, Esquire of Roetzel & Andress, LPA representing CDC Land Investments, Inc. and Collier Land Development, Inc., petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance No. 05 -59, the Sabal Bay Mixed Use Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Sabal Bay MPUD /PUDA- PL201147 Rev. 11/30/11 Page 1 of 2 SECTION ONE: AMENDMENTS TO THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 05-59 The PUD Document, Exhibit A of Ordinance No. 05 -59, is hereby amended and replaced with Exhibit A attached to this ordinance amendment. SECTION TWO: REMOVAL OF APPENDIX A OF THE PUD DOCUMENT EXHIBIT A OF ORDINANCE NO. 05-59 Appendix A of the PUD Document, Exhibit A of Ordinance No. 05 -59, which contains the Bald Eagle Management Plan, is hereby deleted in its entirety. SECTION THREE: 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 .2012 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk , Chairman Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorneys i t 13A Lk Attachment - PUD Document: Exhibit A — MPUD Master Plan Exhibit B — Legal Description Exhibit C — Schedule of Deviations CP\1 1-CPS-01 105\65 Sabal Bay M2UD /PUDA- PL2011 -47 Rev. 11/30/11 Page 2 of 2 Sabal Bay A MIXED -USE PLANNED UNTr DEVELOPMENT 2,416.954499 +/- Acres Located in Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida PREPARED FOR: CDC Land Investments, Inc. and Collier Land Development Inc. 2550 Goodlette Road North, #100 Naples. FL 34103 PREPARED BY: Robe..t i M the A IGP DMA T 6610 Willow aik Drive, Suite '200 Naples, FT 34109 WilsonMiller Stantec 3200 Bailey Lane. Suite 200 Naples, FL, 34105 And Goodlette e r Johnson, wv, v Cov l Iu n n ,- Naples, FL 34103 Roetzel and Andress 850 Park Shore Drive; Trianon Centre, 3`d Floor Naples, FL 34103 EXHIBIT "A" DATE REVIEWED BY CCPC DATE REVIEWED BY BCC ORDINANCE NUMBER AMENDMENT AND /OR REPEAL Words underlined are additions; words st-FUGk through are deletions. Sabal Bay MPUD Amendment -- PUDA- PL2011 -047 — 11/21/11 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE MPUD MASTER PLAN SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1 -1 SCHEDULE OF DEVIATIONS BALD EAGLE AINAGENIPW -rte GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL /GQLrZ ( "WG ") 3 -1 SECTION IV RECREATIONNILLAGE CENTER ( "RECNC ") 4 -1 SECTION V COMMERCIAL /OFFICE ( "CO ") 5 -1 SECTION VI PRESERVE ( "P ") 6 -1 SECTION VII PUBLIC FACILITIES ( "PF ") 7 -1 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8 -1 EXHIBIT A MPUD MASTER PLAN EXHIBIT B LEGAI. DESCRIPTION EXHIBIT C ARPENDIX A SCHEDULE OF DEVIATIONS BALD EAGLE AINAGENIPW -rte I Words underlined are additions; words h are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 ia STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the applicants, WGI GeRffnunities, �T`��a CDC Land Investments, Inc., and Collier Land Develop rnent Inc. hereinafter referred to ealleetively as the de- telepe Owners to create a Mixed -Use Planned Unit Development (MPUD) on 2,416.9849 +/- acres of land located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The name of this MPUD shall be Sabal Bay. The development of Sabal Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the GMP goals, objectives and policies, , and other applicable regulations for the following reasons: 1. The subject property is within the Urban Coastal Fringe Sub - District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe Sub - District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2, a) The proposed residential density of Sabal Bay is 4-.M 0.85 dwelling units (DUs) per acre, 1,999 units /4-5&:5-2,350 acres, which excludes the , 1.00 aere East Naples Fire g + l a Reseue District ske, 75.G1 50 acres of commercial uses, 12.40 acres of platted " & a ° ^ and the 16 acres of recreation/village center uses 711.67 � of tidal wet! -''^ This density is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The base density allowed by the FLUE for the entire subject property is four (4) DUs per acre. Due to the project's location within the Traffic Congestion Zone, one (1) dwelling unit is subtracted from the base density permitting a maximum density of three (3) dwelling units per acre. b) The maximum combined density and intensity within this PUD shall not exceed the Development of Regional Impact (DRI) thresholds for mixed -use developments, established for Collier County on the date of adoption of this PUD. Specifically, this PUD is limited to a maximum of: one- hundred and sixty percent (160 %) of any combination of the individual DRI thresholds for three or more uses, including residential, office, and retail, and hated uses, and no single use exceeds one - hundred percent (100 %) of the DRI threshold for that use. Further, in no case shall commercial uses, inclusive of the existing 87,038 square feet of existing commercial development, exceed the following: 250 hotel rooms; 200,000 square feet of retail; and, 60,000 square feet of office. c) The undeveloped and developed commercial acreage is consistent with the provisions of the FLUE as it is located within Activity Center # 17 at US 41 and Thomasson Drive. 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 -I2. Moreover, the area and allowable uses within the Recreation/Village Center District are consistent with the provisions set forth in Policy 5.1. ii Words underlined are additions; words stFuGk thraug4 are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 3. The Sabal Bay MPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with the LDC as set forth in Objective 3 of the FLUE. 5. The development of the Saba] 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 Developer-i 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, aml further Objective 2.0 of the FLUE, Objective 1.2 of the Sanitary Sewer Sub - Element, and Objective 1.5 of the Recreation and Open Space Element. 9. The native vegetation provisions of the Sabal Bay MPUD implement Policy 6.1.1 of the Conservation Coastal Management Element in that native preserves will be incorporated into the project design. 10. The development's commitment regarding the Lely Area Stormwater Improvement Project (Section 8.6(E) of this Document) is consistent with and furthers Policy 1.3.4 of the Drainage Sub - element of the Public Facilities Element in that it improves the existing Lely Canal drainage facility. SHORT TITLE This ordinance shall be known and cited as the "SABAL BAY PUD MIXED -USE PLANNED UNIT DEVELOPMENT ORDINANCE ". iii Words underlined are additions; words StFUGL thFough are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION, AND DENSITY 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Sabal Bay MPUD, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The subject property referred to within this Document as "project site" and "project area ", is comprised of 2,416.9$49 +/- 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 lntercoastal Waterway in the western portion of Collier County. B. The zoning classification of the subject property, at the time of the MPUD application is PUD, A - Agriculture, and A -ST — Agriculture Special Treatment Overlay. C. Elevations within the subject property are approximately 8 to 11 feet above MSL 1200670 584 r. and 1200670 tine r. dated August 3 1992, the Saba! n prepefty is leeated withift AE 8 11 of the FE-MA flood insuFaffee Fa+e ma 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 1 -1 Words underlined are additions; words struck through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 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. F. The subject property is located within the Dis4i"+ Hendo..sen Greek "' ` h, a 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 Tle;ielnpment Agreement FDA) ;,';th the State of Florida's snieparti—I ciit of Community Affairs to allow development on 83 acres of the property within Collier County. 1.4 DENSITY A. A maximum of 1999 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial /office (C /O) development, and Village Commercial (REC /VC ), , rights of wa)-, is approximately 4-5S-5 2,350 acres. The gross project density shall be a maximum of-l-.26 0.85 dwelling units per acre. 1 -2 Words underlined are additions; words stFuGk thFaugh are deletions. Sabal Bay MPUD Amendment - PUDA- PL2011 -047 - 11/21/11 SECTION H PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Sabal Bay MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Sabal Bay MPUD will be a mixed -use planned unit development. The MPUD will incorporate residential, golf=, commercial, recreational, and preserve land uses. The northeastern portion of the property along US 41 is located within Activity Center #17 and shall allow for commercial /office uses. There currently exists 87,03$ square feet of retail development within the MPUD authorized to be constructed pursuant to a PDA between Collier Development Corporation and the State of Florida Department of Community Affairs. The other uses shall be distributed throughout the remainder of the MPUD property, as set forth on the MPUD Master Plan (Exhibit A). Access to the property shall be from East Tamiami Trail (US 41), Thomasson Drive, Hamilton Avenue and Bayshore Drive. The project will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deemed appropriate. B. The MPUD Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual, residential, commercial, recreational areas, water management features, and tract development areas shall be determined at the time of site development plan (SDP) and/or subdivision plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Sabal Bay MPUD shall be in accordance with the contents of this MPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this MPUD Ordinance) and the GMP in effect at the time of issuance of any development order to which said regulations authorize the construction of improvements, such as but not limited to subdivision plat, SDP, excavation permit and preliminary work authorization. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. 2 -1 Words underlined are additions; words struGk thmugI4 are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 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 coneurrency 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, 87,038 square feet of commercial development exists within the MPUD boundary. D. Unless modified, waived or excepted by this MPUD or by subsequent request, the nrovisions of oLHer Ue.. ^ti^nS Of the LDC ^� �� the .e Lail. remain in effict with respect to the development of the land which comprises this MPUD. E. All conditions imposed herein or as represented on the Sabal Bay Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Section 10.02.04 and Appendix B) shall apply to the Sabal Bay MPUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to Subsection 10.02.02(B) the LDC. G. The Site Development Plans Section of the LDC (10.02.03) shall apply to the Sabal Bay MPUD, except where an exemption is set forth herein or otherwise granted pursuant to Subsection 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. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRl thresholds for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as they exist on the date the MPUD is approved. The project shall be monitored through the PUD monitoring process on an annual basis and during SDP and/or subdivision plat review process, as may be applicable, 2.4 ROADWAYS A. Roadways within the Sabal Bay MPUD shall be privately owned and maintained, except for Thomasson and Xeric Drive, which will be public roads. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating 2 -2 Words underlined are additions; words rtFurk through are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 -047 — 11/21/11 subdivisions, unless otherwise modified, waived or excepted by this MPUD or approved during subdivision plat approval. The devel owners reserves the right to request substitutions to design standards in accordance with Subsection 10.02.04(A)(3) of the LDC. The develeper owners retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the develepee owners on all internal and privately owned and maintained project roadways. B. Roadways within the Sabal Bay MPUD shall be designed and constructed in accordance with Chapter 10 of the LDC with the following substitutions: 1. Streets and access improvements a. Street Right -of -Way Width: At the discretion of the develepef 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 develo ment 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(.1) that limits cul -de -sacs to 1,000 feet. c. Reverse Curves: Tangents between reverse curves are not required for any local street design in this MPUD. A deviation from Section III, Exhibit "A ", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66. d. In specific cases where development roadways cross potential wetland or upland preserves, the Owners shall have the ability to utilize rip-rap backslo a treatment with a sloe 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.'. Owners may utilize structural retainipz 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 wil l be provided. �— 2 -3 Wards underlined are additions; words struGk thFaugli are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 -047 — 11/21/11 2.5 SIDEWALKSBIKEPATHS, BIKE LANES A. Sidewalks: All privately owned roads internal to the Sabal Bay MPUD other h lecal Feads shall have a minimum six five foot (6 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. G—.B. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: D n interna narlc+etr:an ,}Jalk::'a` �tA,,, n o f+ a t4.' a. . 1. 1 pedestrian 1J pyl it ll�l.tPi{.t VYl l}ln 4l alnage 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. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment at the point of encroachment. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 22- 122(al) of the Collier County Code of Laws and Ordinances may be reduced subject to the provisions established in Section 22- 122(sl) 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(e3) 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 per lake (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 i or farmed. Prior to stockpiling in these locations, the develepe owners shall notify the Community Development and Environmental Services Administrator and shall demonstrate compliance with the following standards: 1. Stockpile maximum slope: 2:1 2 -4 Words underlined are additions; words s#FUsk thmug# are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 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. 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 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/ef gel& 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 -sate of residences within the boundaries of the Sabal Bay MPUD and/eptelf-aid sports club memberships. The use of a peFtiefl ef the clubhouse as--a toffiPefftr-Y Sales fft6ility shall cease -when the pfE�eet is released to the eantrel ef t h asseeiation-. 2 -5 Words underlined are additions; words struskt#F()U0# are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 -047 — 11/21/11 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 develepeF owners in connection with any type of development or permit application required by the LDC. 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 develepe 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 do applicable, ll b ibl � the operation, and owners association, as appaia.auie, Sua be reSpvi�Siuie ,vr ie vpera�ivia, , 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: l :1 4. Structural walled berms: vertical B. Fence or wall maximum height: Perimeter fences or walls and fences and walls separating commercial uses from residential areas shall be permitted at a height of W to eight feet (8'), as wall on top of a berm of up to four feet (4'). This constitutes a deviation from Subsection 5.03.02B.0 of the LDC allowing wall haigM to be fneafflafed ff-am finished grade, rather- than eidsting gfade, of the ground at a e „F the . ah For the pur-pese e f this pr-evisien, finished grade shall he consider-ea no greater- than 18 inches above the eley tier of tt.e landseape befin, the befm and wall in combinatien shall fiet be higher- than 8 2 -6 Words underlined are additions; words strUGk t#Feugh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011-047 — 11/21/11 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. 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. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Policy 5.6 of the FLUE of the Collier County GMP. B. The Sabal Bay MPUD is a planned community and shall be developed under unified control. The develepe 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 develepe 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. 2 -7 Words underlined are additions; words strusl through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 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. 7. Temporary construction, sales, and administrative offices for the developef owners and developer's 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 uCe by the project's residents and guests excluding_ boats. 10. Telecommunications facilities including but not limited to digital fiber optic microwave, satellite, UHF, VHF, FM, AM short wave, and other sending and receiving facilities and structures subject to applicable permitting and written approval by the owners or master homeowners' association Within the "PF" Public Facility tract as identified on the MPUD Master Plan this use shall be limited to those telecommunication facilities that primarily serve the specific Public, Facility use constructed on this tract; except that this limitation shall not aptly to all or any portion of the "PF" tract that is developed for uses permitted in the "R" Subdistrict as provided in Section 7.1. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road -- Twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from MPUD boundary: See Table 1, Section I1I, Development Standards. 3. Minimum distance between unrelated structures — Ten feet (10') 4. Maximum height of structures — See Table 1, Section III Development Standards. 5. Minimum floor area — None required. 6. Minimum lot or parcel area — None required. 2 -8 Words underlined are additions; words struck through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 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 golf -se e&ea, an 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 4.02.01B of the LDC for mixed -use developments. 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of 559.§2 537.61 acres (25% of the 2,238.07 2,150.45 +/- acres of native vegetation on site) is required to be retained or replanted. For the purposes of this MPUD, the Preserve Tracts, which equal -5"0 61% +/- (1,256.24 1,302 acres) of the 2,238.07 2,150.45 +/- 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 2,416.8549 ± acres on the project site, 178.01 266.04 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, and agricultural lands. Of the remaining habitat types, exotic plant species coverage was not evaluated according to canopy coverage alone; therefore, these habitats are not excluded from the native vegetation preservation requirement pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP. Since the on -site preserve will exceed the GMP requirement, the applicant has elected not to further evaluate native habitats on -site to exclude them from this requirement. 2.17 SIGNAGE A. GENERAL All signs shall be in accordance with Section 5.06.00 of the LDC except in the following instances. Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet as measured from finished grade. These signs shall not contain more than the project name of the individual tract, the main project name or any major use, the insignia or motto of the project and the develeper� owners' name and logo. Said 2 -9 Words underlined are additions; words stFuGk thMugh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 signs shall be located so that they are visible only internal to the Sabal Bay MPUD. This constitutes a deviation from Subsection 5.06.E 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.&5 02 and 5.06.04 which limits such signs to 64 square feet. 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 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 develeper's owners' name and logo. 4. In the case of commercial development within the RECNC District, which is internalized within the MPUD, and in consideration of mixed -use and/or neo- traditional development, signage may vary from the requirements of Chapter 5.06.00 of the LDC. 5. Traffic signs, such as street signs, stop signs, speed limit signs, internal directional signs, and the like, shall be designed to reflect a common architectural theme. The placement and size of such signs shall be in accordance with the LDC, or other applicable County regulations. 2 -10 Words underlined are additions; words stFur* thFaugh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11121111 SECTION III RESIDENTIALi49OLP 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as "Rig", ResidentiaVGW 3.2 MAXIMUM DWELLING UNITS A maximum of 1,999 approved residential dwelling units may be constructed on lands designated "R/G" Residential on the MPUD Master Plan. For purposes of project density, 4 ALF units shall constitute I gel€ residential dwelling unit. However, the maximum density on tract R/G8 is limited to 390 dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R/G," Residential/Gelf, 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 "R19", ResidentiaVGW, 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/Go! tracts are designed to accommodate internal roadways, open spaces, golf eeurse uses and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 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 3 -1 Words underlined are additions; words s#wsk through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 height of 50 feet measured as set forth in the LDC Section 1.08.02 Definitions "building, zoned height of', except that within tract R4i4, depicted on Exhibit "A ", multi- 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. 5. Timeshares, which shall not be counted as temporary lodging units. 6. Model homes and model home centers including offices for project administration, construction, sales and marketing. 7. Assisted living facilities (ALF) with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store are permitted as ancillary uses. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF). No external signage or advertising is permitted in support of these ancillary medical or personal service uses. As ancillary uses, not intended for utilization by the general public, such ancillary medical or personal service uses shall be limited in size and intensity to an amount determined to be necessary to serve the residents of the ALF, their guests, and the facility employees. Assisted living facilities are prohibited in the R2 -13. R5, and R7 areas as indicated on the MPUD Master Plan. 9-.8. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. Community, and golf eourse 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. Community and — geld— eeurse— Felated maintenance facilities, water management facilities, and utility and maintenance structures and staff offices. 3 -2 Words underlined are additions; words stFuek thigh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 -- 11/21/11 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 accessoly use. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Sabal Bay MPUD Residential{Cyel€ Area. Standards not specified herein shall be those specified in Chapter 5 of the LDC in effect as of the date of adoption of this MPUD Ordinance. B. The following standards shall be applicable to the proposed ALF use. The ALF use is prohibited in the R2-B, R5 and R7 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 Requirements: i) Front: 25 feet ii) Side: 15 feet, except no setback shall be required from any lake easement. iii) Rear: 25 feet, except that no setback shall be required from any lake easement. 3. Floor Area Ratio: 0:4-5 0.60 FAR. 4. Maximum height: 4—Aefies-ffer efte vel ef�.b not to exceed a zoned height of -50 80 feet. C. Site development standards for single family, zero lot line, two - family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries, unless otherwise specified. D. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3 -3 Words underlined are additions; words strLIsk h are deletions. Saba[ Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 TABLE Y: SABAL BAY MPUDDEVELOPMENT STANDARDS FOR «Rr-11 R1F.1.qMV1VTlr et irInr AD VA SETBACK SINGLE ZERO TWO SINGLE MULTI FAMILY/ CLUBHOUSE/ LZZ [ 1L�IA ALFs FAMILY LOT LINE FAMILY/ FAMILY TIMESHARE RECREATION DETACHED DUPLEX ATTACHED/ DWELLINGS BUILDINGS TOWNHOME PRINCIPAL STRUCTURES'O'" Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF XSW 2 600 SF N/A Per Section per lot or 3.5 B unit 10,000 SF Minimum Lot Width 40' 35' 35' per lot 20' N/A N/A or unit N/A 15' 15' 15' 15' 15' or .5 BI-, Per Section whichever is greater, 3.5 B not to exceed 50 feet; and a minimum of75 feet from the PUD Front Yard SetbacV perimeter boundary. 20' Front Yard for Side° N/A Entry Garage 10' 10' 10' 10' 15' or .5 BH, whichever is greater, not to exceed 50 feet, and a minimum of 75 feet from the PUD perimeter bound N/A 15' or .5 BI -1, whichever is greater, not to exceed 50 feet, and a minimum of 75 feet from the PUD Rear Yard' 10' 10' 10' 10' perimeter boundary. 15' Side Yard H'- 5' 0' orb- 5' 0' orb- 5' * 0' orb'- 5' 15' or 50% of BI 1, Per Section whichever is greater 3.5 B not to exceed 50 feet, and a minimum of 75 feet from the PUD perimeter boundary 4 10' From "e se 8 8 0 0 8 0 F1 From Preserve 1 25' 25' 25' 25' 25' 25' 25' 50' above FF.MA Per Section Maximum Hei he 35' 35' 35' 35' elevation 5,7 55' 3.5.B Floor Area Minimum 1200 SF 1200 SF 1200 SF 1200 SF 700 SF N/A (S N/A Minimum Distance 15' or Between a Principal Structures 4i'- 10' 4� 10' 4=� 10' 42- 10' 15' or .5 SBH, is 15' or .5 SBH, whichever is .5 SB � whichever g reater4-9 whichever is greater Ater a ACCESSORY STRUCTURES'O," 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 10' 10' 10' 10' 10' 10' 10' Minimum Distance 0' or 10' Between Accessory Structures on same lot 0' or 10' 0' or l0' 0' orl0' 0' or 10' O'er 10'4 0' or 10'4 Minimum Distance 0' or 10' Between Accessory and Principle Structures on same lot 0' or 10' 0' or 10' 0' or10' 0' or 10' 0' or 10'4 0' or 10'4 Maximum Hei ht SPS SPS SPS SPS 50' SPS 50- 80' 3-4 Words underlined are additions; words stFuGk through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 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. *I - Setback from lake easements for all accessory uses and structures may be 0 feet. Setback from preserve areas shall be 25 feet for principal structures and 10 feet for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. *2 - Minimum lot width for cul -de -sac lots consistent with the measurement standards established in the LDC. *3 - Zero feet (0'). Where the zero foot (0') yard option is utilized, the opposite side of the structure or attached structures shall have a twelve ten foot (4-2 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 o£" Mid -rise structures within Tracts - 11164, 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 R /G8. *8 — Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. There is no minimum floor area established for an ALF; however, the maximum floor area ratio (FAR) is .60. The ALF use is prohibited in the R2-B, R5 and R7 areas *9 — Minimum separation between parking decks under mid -rise structures shall not be less than 60 feet. 10 In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC applicable provisions in effect at the time or permitting. 11 - Where setbacks are measure as a percent or factor of building height, the "Zoned" building height shall be utilized. 3 -5 Words underlined are additions; words str-Usk thFOLIgh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 SECTION IV RECREATIONNILLAGE CENTER 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as RECNC, "Recreation /Village Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the RECNC Tract is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of 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 RECNC area shall accommodate a variety of recreational, water management, open space, commercial uses, including temporary lodging establishments, as well as customary accessory uses associated with the permitted principal use, and essential services. The RECNC Subdistrict shall not be subject to the conditions, limitations or restrictions set forth in Chapter 4.07.04 of the LDC. The commercial uses identified within this subdistrict are permitted pursuant to FLUE Map l l 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 DRI thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as those regulations exist on the date this MPUD is approved. The develeper owners shall provide the County with incremental development information, including the aggregate commercial square footage within the RECNC Tract and within the PUD in total, as required during the annual PUD monitoring process, and through the SDP and/or subdivision plat application submittal process. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Recreational facilities and structures such as, but not limited to, pools, tennis courts, health and fitness facilities, clubhouses, pro shops, meeting rooms, community buildings, playgrounds, end playfields docks, and electric boats. 2. Commercial banks (Groups 6021 -6029 drive - through facilities are prohibited). 3. Real estate agents and managers for property within PUD only (Group 6531). 4 -1 Words underlined are additions; words stFUGk theugh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 4. Hardware store only - 2,500 square feet, maximum floor area (Group 5251). 5. Variety stores - 2,500 square feet maximum floor area (Group 5331). 6. Miscellaneous general merchandise stores, except catalog showrooms - 2,500 square feet maximum floor area (Group 5399). 7. Grocery stores, 10,000 square feet maximum floor area (Group 5411). 8. Fish, meat, and seafood markets only (Group 5421). 9. Fruit and vegetable markets (Group 5431). 10. Retail bakeries (Group 5461). 11. Coffee stores and health food stores only - 2,500 square feet maximum floor area (Group 5499). 12. Gasoline service stations, except truck stops (Group 5541). 13. Apparel and accessory stores - 2,500 square feet maximum floor area (Groups 5611 --- 5661). 14. Record and prerecorded tape stores (Group 5735). 15. Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive -in restaurants and restaurants with drive - through facilities (Group 5812). 16. Liquor stores (Group 5921). 17. Gift, novelty, and souvenir shops (Group 5947). 18. Sewing, needlework, and piece goods stores (Group 5949). 19. Florists (Group 5992). 20. Agents for laundries and drycleaners only (Group 7212). 21. Coin - operated laundries and drycleaning (Group 7215). 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). 4 -2 Words underlined are additions; words StFUrk thFough are deletions. cabal Bay MPUD Amendment- PUDA- PL2011 -047 - 11/21/11 25. Depilatory salon, electrolysis, massage parlor, shopping services for individuals, and tanning salons only (Group 7299). 26. Housekeeping and maid services only (Group 7349). 27. Videotape rental (Group 7841). 28. Physical fitness facilities (Group 7991). 29. Offices and /or clinics of physicians, and offices and/or clinics of dentists. (Groups 8011- 8021). 30. Offices and clinics of chiropractors (Group 8041). 31. Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 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 glen than 250 temporary lodging units shall be permitted within the entire MPUD). 32. Timeshares which shall not be counted as temporqy lodging units. 33. Miscellaneous Retail Stores, not elsewhere provided for above (Groups 5699, 5999), whether accessory to a hotel, motel, clubhouse, or independent. 33:34. 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. 4 -3 Words underlined are additions; words stFuGk thFeag# are deletions. Saba[ Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 2. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Parking facilities and signage b. One caretaker's residence C. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25'). 2. Side Yard: Fifteen feet (15). 3. Rear Yard: Fifteen feet (I T). 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. 4 -4 Words underlined are additions; words stfask thF9 g# are deletions. Sabal Bay MPUD Amendment— PUDA- PL201 1 -047 — 1 1121 /1 1 The shared parking analysis methodology will be determined and agreed upon by the County Transportation Staff and the applicant during the SDP pre- application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Note: Any such reduction approved by staff is a deviation from the requirements set forth in LDC Section 4.05.04. G. Architectural and Site Design Standards: Commercial development within the RECNC Subdistrict shall conform with the guidelines and standards of Section 5.05.08 of the LDC, or if variations from these guidelines are needed to accommodate mixed -use residential or neo- traditional neighborhood -scale commercial development, a separate plan for architectural design and site design and signage shall be submitted to the Collier County Zoning and Land Development Review Director at the time of the first SDP approval for commercial or mixed use development within this subdistrict. The plan Lor architectural design shall —irdicate the exact nature of any deviation from the requirements of Section 5.05.08 of the LDC, and shall further demonstrate that any such deviation, while varying from one or more of the provisions of Chapter 5.05.08, nonetheless are deemed to meet the overall purpose and intent of Chapter 5.05.08. 4 -5 Words underlined are additions; words 6tFUGk thFgugh are deletions. Saba[ Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 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 4-5 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 individual DRI thresholds. Total retail or other uses on the C 101 and C /02 shall not exceed 142,000 square feet of retail and 40,000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses) as those regulations exist on the date this MPUD is approved. This shall be monitored through the PUD monitoring process on an annual basis and through the SDP and /or subdivision plat review process. 5.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Usesi: 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. 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. 5 -1 Words underlined are additions; words strums# are deletions. Saba[ Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 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 5 -2 Words underlined are additions; words s#rnskthrolgh are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 -047 — 11/21/11 Numbers: 596 — non -store retailers; 598 -- fuel dealers; and not including retail sale of fireworks. 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 Tract C /03). 13. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 — Laundry, cleaning, and garment services, only including Group 7211 — power laundries, family and commercial, Group 7215 — coin - operated laundries and dry- cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722 — Photographic portrait studios; C. 723 — Beauty shops d. 724 — Barber shops; e. 725 — Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 tax return preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 14. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; C. 735 — Miscellaneous equipment rental and leasing, only including Group 7352 — medical equipment, rental and leasing; d. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 — prepackaged software 5 -3 Words underlined are additions; words struGk through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21111 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. 16. Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public, including Group 7513 — Truck rental and leasing, without drivers; Group 7514 — Passenger car rental; Group 7515 — Passenger car leasing; and Group 7519 — Utility trailer and recreational vehicle rental. 17. Establishments engaged in miscellaneous repair services, only including Group 7631 — Watch, clock, and jewelry repair and Group 7699 — Repair shops and related services, not elsewhere classified_ 18. Establishments operating primarily to provide motion picture services as defined under Major Group 78 in the Standard Industrial Classification Manual, only including Group 7832 - Motion picture theaters, except drive -in, and Group 7841 -- Videotape rental. 19. Establishments operating primarily to provide amusement and recreation services as defined under Major Group 79 in the Standard Industrial Classification Manual, for the following Groups: a. 7911 — Dance studios, schools and halls b. 7922 — Theatrical producers (except motion picture) and miscellaneous theatrical services C. 7941 — Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. 7991 — Physical fitness facilities e. 7999 — To include moped rental, motorcycle rental, rental of bicycles, schools and camps -sports instructional, scuba and skin diving instruction, sporting goods rental only. 20. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Groups: a. 801 — Offices and clinics of doctors of medicine; b. 802 — Offices and clinics of dentists; C. 803 — Offices and clinics of doctors of osteopathy; d. 804 — Offices and clinics of other health practitioners. 5 -4 Words underlined are additions; words struGk through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 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. 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 /01 and C /02 Tracts. Residential dwelling units shall be counted toward the maximum 1999 allowable residential dwelling units. A maximum of 390 units shall be permitted within the combined Tracts R/G8, C 101 and C /02. The commercial space shall be counted toward the maximum allowable square footage as allowed per DRI thresholds. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds, established in chapter 380 of Florida Statutes, for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), in effect on the date of approval of this PUD. This 5 -5 Words underlined are additions; words etFUsk throng# are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 -047 — 11121111 shall be monitored through the PUD monitoring process on an annual basis, and during all SDP and /or subdivision plat submittals. The mixed residential and commercial uses shall be subject to the following criteria: a. An SDP is approved pursuant to Chapter 10 of the LDC that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development shall be limited in hours of operation, size of delivery trucks, and type of equipment; C. The residential uses are designed so that they are compatible with commercial uses; d. Residential dwelling units may be located above principal structures; e. Residential and commercial uses shall not occupy the same floor of a building in which the uses are located; f. The mixed - 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/G Subdistrict, subject to all development standards set forth in Section III of this MPUD Document. 5A DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 square feet. B. Minimum Lot Width: 100 feet 5 -6 Words underlined are additions; words struek-t#Feu9# are deletions. Sabai Bay MPUD Amendment — PUDA- PL2011 -047 -- 11/21/11 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 rear yard 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front yard by 10 feet. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with LDC provision in effect at the time or permitting." D. Minimum Yards and Buffers (External): 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 5 -7 Words underlined are additions; words stmek througli are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 -047 — 11/21/11 H. than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting. 1. Off- Street Parking and Loading Requirements: As required by Section 4.05.00 of the LDC in effect at the time of SDP approval. J. Architectural and Site Design Standards: Commercial development within this District shall conform with the guidelines and standards of Section 5.05.08 of the LDC or variance. Gray, primary and/or secondary colors shall be permitted as a predominant exterior roof colors. This is a deviation from Subsection 5.05.08C.13.b of the LDC. 5 -8 Words underlined are additions; words stFuGk through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 SECTION VI PRESERVE 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "P ", Preserve. 6.2 GENERAL DESCRIPTION Areas designated as "P ", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the South Florida Water Management District, United States of America Corps of Engineers and other agencies; however, the acreage shall be generally consistent with that shown on the Master Plan. Actual acreages of preserve areas will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Upland preserves 2. Wetland preserves B. Permitted Accessory Uses and Structures 1. Boardwalks, nature trails, shelters, viewing piers, viewing platforms, educational signs, kiosks, elevated golf e paths, , and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks. 2. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements. 6.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Accessory Structures From MPUD or external development tract boundary: Fifteen Feet (15') 2. From internal tract boundary: Ten Feet (10') 3. From lake: Zero Feet (0') 6 -1 Words underlined are additions; words ste+sk thmugh are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 -047 — 11/21/11 4. Maximum Height of Structures: Twenty -five Feet (25'), except for viewing platforms that may be €eeet (49') seventy -five feet (75') 6 -2 Words underlined are additions; words stFUGk-t#raU@l4 are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 —11/21111 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/6 Subdistrict, subject to all development standards set forth in RIG Subdistrict. 7.2 GENERAL DESCRIPTION Areas designated as "PF ", on the Master Plan are designed to accommodate an educational facility, and public safety services and facilities. The approximate acreage of the areas designated as "PF ", are indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 7.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures I . Educational facilities, limited to public elementary or middle school. 2. Educational plant, limited to public elementary or middle school. 3. Safety service facilities, limited to fire stations and EMS facilities. B. Accessory Uses Accessory uses customarily associated with the principal permitted uses. 7.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25') 2. Side Yard: Fifty feet (50'). 3. Rear Yard: Fifty feet (50'). QB. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 7 -1 Words underlined are additions; words stFUok t#rsugh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 1. Maximum height of structures — Thirty-five feet (35') 2. Minimum distance between principal structures - Ten feet (10'), or half the sum of building heights. 3. Minimum distance between accessory structures - Ten feet (10'). 4. Minimum off - street parking: Subject to Chapter 4.05.00 of the LDC. 7 -2 Words underlined are additions; words 6tFuGk thF9wql4 are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Sabal Bay MPUD. 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 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. 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 develeper owners, its their successors and assigns, shall be responsible for the commitments outlined in this Document The develeper- owners, its 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 assignee in title to the develepe owners is 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 develepe owners. Upon assignment or delegation, the developer- owners shall be released from responsibility for the commitments. 8 -1 Words underlined are additions; words StFUslFthroug# are deletions. Sabal Bay MPUD Amendment— PUDA- PL2011 -047 — 11121/11 8.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A ", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as subdivision plat or SDP application. Subject to the provisions of Subsection 10.02.13(E) of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C_ The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Sabal Bay MPUD Master Plan upon written request of the d� oW1i°"' subject to the provisions set forth in LDC Subsection 10.02.13E. 8.4 ENGINEERING A. Except as noted and authorized as a deviation in this PUD Document, all project development will be consistent with provisions of Sections 10.02.04 and 10.02.03 of the LDC. 8.5 UTILITIES A. All County or City water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04 -51, as amended, and other applicable County or City rules and regulations. 13. 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 develeper 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 8 -2 Words underlined are additions; words stFUGk thFOU914 are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 SDP, or final subdivision approval for the area within the development phase that contains the easement. E. The develepe owners shall provide a 10 foot wide utility easement on the development property along both sides of Bayshore Drive, if determined to be needed by Collier County. 8.6 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. The developer 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. An analysis e 4 P-ollu-tant leading and pest development pla-s-ar- eenstfucAien plan approvals. C. An excavation permit shall be required for the proposed lakes in accordance with Siubsection 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 develope owners shall obtain an Environmental Resource Permit or Early Work Permit from the South Florida Water Management District prior to SDP approval. F. The developer owners shall adhere to the conditions set forth in the Sept°~ = =23, 2003 _October 14 2003 (as amended March 27 2007, April 22, 2008, and October 27 20091 Gentfibution Companion Agreement by and between Collier Land Development, Inc., Collier Development Corporation and Collier County regarding the Lely Area Surface Water Drainage Improvements in order to further the Lely Area Stormwater Improvement Project (LASIP). To further clarify, the applicant's responsibilities are as follows: 8 -3 Words underlined are additions; words strusk4hFOugh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 1) Hamilton Avenue (f.k.a. Fern Street) - the pplicant 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 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. Q All eenser-k,atieft areas shall be plaeed under- GenseFvatien easements with pz vca.ecz vo - -av -. c,nzsiis.o pe■ va similar B- B. This PUD shall comply with the guidelines of the USFWS and FFWCC, and as applicable, Collier County regulations, for impacts to protected species. h respect to 4be Bald Eagle lVanagement Plan, (Restrictions within bald eagle nest pretee iett buffer zones buffer- shall be in accordance with the USFWS South. Florida- 34ulti- Speei:es Reeavefy Plan, A4ay- 1999 and 14abita ?4anagefne n Guidelines fef the Bald Eagle in the Seutheast Regien, USFWS 1987, exeept-t& the degee that the site speeifie bald eagle fnanagefaefA plan pr-ovides ReeeveFy Plan, 44a�, 1999 and Habitat �4anagefnent Guidelines for the Bald Fa& in the Southeast Ranieri USFIA'c 1987 State and Federal Management guidelines Upon r f te. hni r and. vpvrrcec °viprc�rc�cznuE$ flSStstan6e- rAm the U.S. P}9 8 -4 Words underlined are additions; words struck through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 -- 11/21111 all proposed impr-evementsm may be r-equir-ed to be removed ffem the Bald Ea PrtimaFy ,,rant Pr- eto,.+;,... Zone. may require technical assistance from the USFW_S and FWCC 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. 14C. In accordance with requests from Rookery Bay National Estuarine Research Reserve (RBNERR) and the Conservancy of Southwest Florida (Conservancy) the Develepe Owners agrees to the following: 8 -5 Words underlined are additions; words stFuGk throug# are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 -- 11121/11 "AnTPHIN M.- . . . _ MGM 14C. In accordance with requests from Rookery Bay National Estuarine Research Reserve (RBNERR) and the Conservancy of Southwest Florida (Conservancy) the Develepe Owners agrees to the following: 8 -5 Words underlined are additions; words stFuGk throug# are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 -- 11121/11 1. The -- developer- shall esWblish sur-faee water- hydrology meniter-ing pi;egram, with ° BNEA - -The LAS1P Permit requires water quality monitoring, for some period of time at the furthest downstream portion of the Leiy 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 qualitvmonitoring resort to RBNERR. Additional reports may obtained from SFWMD upon request. 2. The deyeleper owners shall include a provision in the conservation easement requiring notification to RBNERR and the Conservancy in advance of any changes to the conditions of, and or dedication language set forth in the project's conservation easement. The RBNERR and the Conservancy will be allowed to participate in the discussions of any proposed changes. 3. The de-veleper owners shall allow the Conservancy to review and comment on the draft master declaration document pertaining to any provisions that will address language to protect and sustain the environmental integrity of the development's preserves. e'liv'ire'rzrrrrn-m-i-- iinpiz«a t quality with �R, tThe develeper owners shall do the f hewing: ce .dueti s pre- sediments— at—the aiiiest d[ wnsticcs111 stet mwcate eutfalls fe N" ellux....: leading prior- to sail distur-banee fbr- eenstmetieft ef these eutfall leealie te assess existing sediment quality; utilizetng water management Best Management Practices (BMP's) during construction to minimize adverse impacts on water quality during development; eenduefing providing post development water quality monitoring and reporting as set forth in Paragraph 8.7.H-.C.1. above;. Additionally, the owners will seek to ands increaser 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 develepeF 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 devel°° °r shall iselude meter- xnaftagement Best Management Practiees -BN4P's) fr-efn the proposed Southwest Flefida Basin BN4P Matf ix role, with the seleefien ef twtir() from rGroup zr- trio -ta/ " " Group " B, and e (1) f em Group C as .,i4 of the Q>~'V94D E".- - The develo er will include in the design of the backbone surface water management ment system four additional Best Management Practices (BMP's), which 8 -6 Words underlined are additions; words struck gh are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 includes: 1) extended hydraulic residence time due to increased 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 apart of the ERP application. 5. The develeper owners shall disclose in the homeowner association documents that the following activities may occur on the adjacent RBNERR lands: exotic plant removal and ongoing maintenance; utilization of prescribed burns as a means of habitat management; controlling illegal dumping; management of access within RBNERR lands, controlling and trapping when necessary, feral, nuisance and domestic animals. 6. The two archeological sites determined to be of prehistoric cultural significance (8cr535 and 8cr 227) shall be preserved and the develepe 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 8 -7 Words underlined are additions; words wok through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 Z* . . • MMMM _ .. . LMMMLILUM ARMALLMMILA .. 8 -7 Words underlined are additions; words wok through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 Z* . . • MMMM LMMMLILUM ARMALLMMILA .. - •. , 8 -7 Words underlined are additions; words wok through are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 8 -8 Words underlined are additions; words stFusl# are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 • �• - • 1\ - - MIMMM Y BP • • • 1 PM- MAMM Y - 8 -8 Words underlined are additions; words stFusl# are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 A,1,. The development shall abide by Section 6.02.80 02 of the LDC in regards to Transportation Demand Management (TDM) strategies required for a project that is leeated within and affects a Transportation Concurrency Exemption Area (TCEA). B The owner, his successors or assigns agrees 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 owner, his successors or assigns shall assume sole financial responsibiliV for intersection improvements relating to the use of this intersection by this development. This shall include but not be limited to, the following: i Any increase in the storage capacity of the northwest -bound left turn lane(s) approaching the signal constructed at the time of connection. ii. Design purchase and installation of any physical intersection improvements including a mast arm signal heads) 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 heads pedestrian signal heads and any related signal timing changes that are necessary to accommodate each phase of this development. The owner, his successors or assigns agrees to reimburse the FDOT or the agenu 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 owner, his successors or assigns agrees 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 owner, his successors or assigns, a erg es that the project's main residential access on U.S. 41 may be a signalized intersection if approved by FDOT. The owner, his 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: L 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 ri hg_t -of- way. 8 -9 Words underlined are additions; words stFUGk t Fough are deletions. Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 11/21/11 E The Owners agree to deposit $65,000 with the Bayshore Beautification MSTU within 30 days of the approval by the Board of County Commissioners (BCCI of the final design contract for the streetscape improvements along Hamilton Avenue and Thomasson Drive from Hamilton Avenue to Lombardi Drive Except as to financial obligations which are imposed upon all property owners within the MSTU and /or CRA, the $65,000 payment satisfies all other obligations of the Owners in regards to the MSTU and CRA. if the final design contract is not approved by the BCC by January 1. 2015, this requirement shall expire. 8.9 ADDITIONAL COMMITMENTS A. Prior to the issuance of the 400`" certificate of occupancy for a single family home, Tthe develeper- owners their successors or assigns shall provide a minimum of one playground, for use by residents and their guests, meeting AST;r, design. guidelines. B. The develepe 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 adiacent to the lake. NOW 8 -10 words underlined are additions; words struok thmugh are deletions. Saba{ Bay MPUD Amendment— PUDA- PL2011 -047 — 11/21/11 _ .,... - -- w NOW 8 -10 words underlined are additions; words struok thmugh are deletions. Saba{ Bay MPUD Amendment— PUDA- PL2011 -047 — 11/21/11 -- w NOW 8 -10 words underlined are additions; words struok thmugh are deletions. Saba{ Bay MPUD Amendment— PUDA- PL2011 -047 — 11/21/11 LEGEND ABBREVIATIONS C� A 1TEP IE- C LAKE YAINTEWFCE EASER[nI DiIt ITT EASE C CIE D CWM T Y .—T EIENT INV I INVpiT xLYD W WiIOW_ c[OOET [C Ir1EIL DI.I P fR .. A01 uiRACI se R p SYMBOLS AIR RELEASE I—E. c WLLTE OATS VALVE 11' IDa N-LIIE FLLE vAtvE E r1 /EM RLOR- F YJ -FINE Hta AN PP FTC EWE PD 9AR11 sAYrLE Pa [xr 0.Dx{FF �_ P:9E PLDO �_ vAiw Y[iE0. RRlOAifM YETER a[DYIY.R _eRaLALOe vT¢vEV1EP /AeDYE PrzONO Y[LFrt �—� 3Ax ITAPY EERFA LADE �l : LI.EiVl -OA F— W. PIMP STATION Srpw SE Y srP. L AD HEADrALI U{ApYALL wMPDL sCRIFrwE —! YI tEAm ExD/FLAPEO EYD SECIIDII ® POSED ¢EVN11 Ox ® PRCPoYD 1rtYEYENT Cl2vAllOx CYIST IAO CLEYA1fON of ER lsr lnC PAVEUEM AX FIDx —� DIECFI On IN I'-: FLOR 8 s1AT.iaPreo i n.1NE VACS WE: OPEN —SIRS AND DASHED LII.ES DEN)rE ERIETIW (WR —NIS PLANS FOR SABAL BAY M PU D SECTION 25, AND PORTIONS OF SECTIONS 23, 24, 26, AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND A PORTION OF SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA A PROJECT OWNED BY CDC LAND INVESTMENTS, INC. AND COLLIER LAND DEVELOPMENT, INC. 2550 GOODLETTE ROAD NAPLES, FL 34103 PHONE LOCATION MAP SITE MAP wils6timiller r i'ir>j8 N"W, m WX 9Y*Aft &h 270. &PINA, Arid SM"W. Pt— 2W6/Y" - Fa SY M-SM - Natr9e eMlidRiOUrirt Page —L— of-+ INDEX TO SHEETS sr+EEr DESCRffMCIN COVER SHEET 3 IAPOD PNSIEP PLAN 1 CONCEPIWL WATEN NANAGE1,IEM PLAN ILALOPEY. RILL I P•WIRe IYRn wer row." I k M6;002� WE: OPEN —SIRS AND DASHED LII.ES DEN)rE ERIETIW (WR —NIS PLANS FOR SABAL BAY M PU D SECTION 25, AND PORTIONS OF SECTIONS 23, 24, 26, AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND A PORTION OF SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA A PROJECT OWNED BY CDC LAND INVESTMENTS, INC. AND COLLIER LAND DEVELOPMENT, INC. 2550 GOODLETTE ROAD NAPLES, FL 34103 PHONE LOCATION MAP SITE MAP wils6timiller r i'ir>j8 N"W, m WX 9Y*Aft &h 270. &PINA, Arid SM"W. Pt— 2W6/Y" - Fa SY M-SM - Natr9e eMlidRiOUrirt Page —L— of-+ INDEX TO SHEETS sr+EEr DESCRffMCIN COVER SHEET 3 IAPOD PNSIEP PLAN 1 CONCEPIWL WATEN NANAGE1,IEM PLAN ILALOPEY. RILL I P•WIRe IYRn wer row." I k M6;002� ALEC& DESCRIPMN &WI-IN -plio al MPUD MASTER PLAN 9zhibitA Of -3 tS 7HOYlS6p1 pXNi LT NOTES �. w� ro si1Owa�°O1wnms�°`NOwa'.r f.na... w«a�oac as `rte oer a voa .. X— woc s =am o-c T1PI � RCSIp S"m c M'm CEC110N F -F aw u. StanUC CDC LAND INVESTMENTS, INC. AND wr min CONCEPTUAL WATER � COLDER LAND DEVELOPMENT. INC. ACp,IENI . PLAN SABAL BAY MPUD oo -r -aea Ma .re m .� 215610077 007.007 Exhibit A Pose .3. of .3. 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 ±) 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 01425" East 1,254.17 feet to the North West Corner of Said Section 36; Thence along the south line of Section 26 South 89 °32'22" West 2,696.15 feet; Thence continue along the South line of Said Section South 89 °29'09" West 2,696.69 feet to the Southwest corner of said Section 26, Thence along the West line of said Section 26 North 00 022'46" East 2,689.10 feet; Thence continue along the West line of said Section 26 North 00 022'20" East 2,690.20 feet to the Northwest Corner of Said Section 26; Thence along the West Line of Section 23 North 00 °06'08" West 1345.66 feet; Thence continue along the West line of Said Section 23 North 00 °07'16" West 693.72 feet; Thence North 89 029'07" East 469.67 feet; Thence North 00 °04'49" West 453.06 feet; Thence North 89 °30'33" East 916.44 feet; Thence North 00 °31'29" West 567.34 feet; Thence North 89 °27'53" East 300.00 feet; Thence South 00 °32'07" East 60.00 feet; Thence North 89 °28'59" East 980.33 feet to the West line of the plat of Naples Groves and Truck Co's Little Farms No 2 (Lots 67 -69), as recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. Thence along said West line South 00 °46'37" East 308.52 feet; Thence continue along said West line South 00 °40'46" East 673.87 feet to the Northwest Corner of Lot 70, of said Naples Groves and Truck Co's Little Farms No 2; Thence along the North line of Said Lot 70 North 89 °27'07" East 1,322.10 feet to the North East Corner of Said Lot 70; Thence along the East line of Said Lot 70 and Lot 71 of said Plat South 00 °43'14" East 674.00 feet to the Southeast corner of Said Lot 71; Thence along the South line of Said Lot 71 South 89 028'25" West 1,322.26 feet to the Southwest corner of said Lot 71; Thence along the West line of Said Plat South 00 °42'15" East 1,347.80 feet; Thence continue along said West line South 00 °20'27" West 1,344.53 feet to the Southwest corner of Lot 79 of said plat; Ezhiibit B Paged of-A- 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 comer 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 comer of said fractional quarter; Thence along the south line of said fractional Quarter North 89 °31'42" East 673.39 feet to the Northwest corner of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Thence along the west line of said Lot 81 South 00 °12'23" West 672.16 feet to the Southwest corner of said Lot 81; Thence along the south line of said Lot North 89 °31'43" East 672.16 feet to the East line of Said Lot and the East line of said Section 26; Thence along the East line of said Section 26 North 00 °1929" East 2,688.11 feet to the Northeast corner of said Section 26; Thence along the East line of said Section 23 North 00 °42'49" West 1,351.04 feet to the southeast corner of Lot 91 of said Naples Groves and Truck Co's Little Farms No 2. Thence along the South line of said Lot 91 South 89 027'26" West 1,320.61 feet; Thence along the west line of Said Lot 91 North 00 °47'37" West 337.27 feet; Thence along the North line of said Lot 91 North 89 °30'57" East 1,320.45 feet to the east line of said Section 23; Thence along the East line of Said Section North 00 °4444" West 1,011.86 feet; Thence Continue along said East line North 00 °34'32" West 752.45 feet to the Southwest corner of that land described in Official Record Book 1027, page 678, Public Records of Collier County, Florida; Thence along the South line of said Land North 89 031'59" East 1,289.77 feet; Thence along the East line of said Land North 00 042'37" 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 89035'12" East 1399.52 feet; Thence continue along said Right of Way line North 89 035'12" 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 39 003'59" East 1266.82 feet; Thence continue along said Right of Way South 39 003'59" East 5,465.08 feet to a point at the intersection of said westerly Right of Way and the South line of Section 19, Township 50 South, Range 26 East, Collier County, Florida; Thence along the South line of said Section 19 South 88 °1329" 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 EINW B Page ..a _ of_4Z 11 -11.11 - 202693 - vc.. 7 - OLMD N0229- 200302- -0 Exhibit "C" List of Deviations (PREVIOUSLY APPROVED DEVIATIONS 1 — 8 IN ACCORDANCE WITH ORDINANCE 05 -59 TO STILL REMAIN IN EFFECT) Deviation 1: LDC Section 6,06.01 (0) and LDC Appendix B, in order to allow 50 feet of right -of -way for local roads rather than the required 60 -foot width (throughout). Deviation 2: LDC Section 6.06.01(J), to allow cul -de sacs in excess of 1,000 feet the MPUD (throughout). Deviation 3: In accord with LDC Section 10.02.04.A.3, Section 2 -12 of the Collier Countv Code of Ordinances, Exhibit "A ", Design Requirements for Subdivisions C.17.j of the ,Administrative Code for Collier County Construction Standards Manual, formerly LDC Section 3.2.8.4.16.10 (Section III P. 10 of the proposed Construction Standards Manual) to allow reverse curves without tangents (throughout). Deviation 4: LDC Section 5.03.026 to allow perimeter fences or walls to be permitted at 8 feet on top of a 4 foot berm, formerly approved as a height of eight feet (8') as measured from the finished grade of the ground at the base of the fence or wall, and modified at staff's request. Deviation 5: LDC Section 5.06.02.6.6., formerly Section 5.06,04 A. 6. (b.) to allow a maximum of two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each (rather than the combined size permitted in the LDC of 64 square feet) and shall not exceed a height of 6 feet as measured from finished grade. Deviation 6: LDC Sections 5.06.02 and 5.06.04, formerly Chapter 5.06.05 to allow entrance signs up to 120 square feet. Two ground signs shall be permitted for each project entrance (on US 41, Thomasson Drive and Bayshore Drive), and shall be allowed in addition to other signage allowed by Chapter 5.06.00, of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the deye owners' name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. Deviation 7: LDC Section 4.05.04, to allow parking for uses and structures constructed in the RecreationNillage Center to be reduced by up to 25% of the applicable LDC parking requirements, should such a reduction be deemed to be warranted through the development and submission of a shared parking analysis submitted with the SDP application. Parking requirements shall be determined utilizing the modal splits and parking demands for various uses recognized by Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing 1 List of Deviations — 11/21/11 Words underlined are additions; words stFusk through are deletions. 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 TFanspeftatign Growth Management Staff and the develeper owners during the SDP pre - application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. 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. NEW DEVIATIONS: 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 owned roadways internal to the Sabal Bay development to provide a minimum five -foot sidewalks 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 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 foot Tint 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 List of Deviations — 11/21/11 Words underlined are additions; words sough are deletions. 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. Deviation 15 seeks relief from LDC Section 50.03.02 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. List of Deviations — 11/21/11 Words underlined are additions; words s#usl` thFaugh are deletions. LEGEND ABBREVIATIONS BOC FIRE HYDRANT, COMPLETE BACK OF CURB or BACK OF GUTTER EOP 1 EDGE OF PAVEMENT DE BLOW -OFF DRAINAGE EASEMENT LME 4 LAKE MAINTENANCE EASEMENT UE IRRIGATION METER UTILITY EASEMENT CUE COUNTY UTILITY EASEMENT EL or ELEV ELEVATION INV �- INVERT LF STORM SEWER & STRUCTURE LINEAR FEET NGVD --� NATIONAL GEODETIC VERTICAL DATUM PVI CONTROL STRUCTURE POINT OF VERTICAL INTERSECTION NIC NOT IN CONTRACT R/W or ROW RIGHT OF WAY SE, SOIL BORING ST A STATION UP UTILITY POLE FDOT FLORIDA DEPARTMENT OF TRANSPORTATION CATV CABLE TELEVISION FPL or FP &L FLORIDA POWER & LIGHT UTF UNITED TELEPHONE OF FLORIDA BASE LINE CENTERLINE FL FLOW LINE I` PROPERTY LINE CMP CORRUGATED METAL PIPE D.I.P. DUCTILE IRON PIPE PVC POLYVINYL CHLORIDE PIPE HDPE HIGH DENSITY POLYETHYLENE RCP REINFORCED CONCRETE PIPE ERCP ELLIPTICAL REINFORCED CONCRETE PIPE MH MANHOLE ST R STORM SEWER STRUCTURE X.XX' LT /X.XX' RT FEET LEFT or FEET RIGHT SYMBOLS AIR RELEASE VALVE, COMPLETE —IN-LINE GATE VALVE W/ BOX —IN -LINE PLUG VALVE W/ BOX ^-4k/ #-1R FIRE HYDRANT, COMPLETE —�' BLOW -OFF W/ BACTERIAL SAMPLE POINT 1 BACTERIAL SAMPLE POINT -- BLOW -OFF 3 PIPE PLUG 4 WATER METER 0 IRRIGATION METER REDUCER BACKFLOW PREVENTER /ABOVE GROUND METER • SANITARY SEWER MANHOLE �-� SANITARY SEWER LATERAL & CLEAN -OUT �- PUMP STATION STORM SEWER & STRUCTURE —� HEADWALL --� U- ENDWALL F CONTROL STRUCTURE MITERED END /FLARED END SECTION PROPOSED ELEVATION PROPOSED PAVEMENT ELEVATION � EXISTING ELEVATION EXISTING PAVEMENT ELEVATION DIRECTION OF DRAINAGE FLOW SWALE & DIRECTION OF FLOW (I} HANDICAPPED PARKING SPACE NOTE: OPEN SYMBOLS AND DASHED LINES DENOTE EXISTING IMPROVEMENTS PLANS FOR SABAL BAY MPUD SECTION 25, AND PORTIONS OF SECTIONS 23, 24, 26, AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND A PORTION OF SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA A PROJECT OWNED BY CDC LAND INVESTMENTS, INC.- AND COLLIER LAND DEVELOPMENT, INC. 2550 GOODLETTE ROAD NAPLES, FL 34103 PHONE LOCATION MAP SITE MAP wils6nmiller Planners m Engineers - Ecologists B Surveyors ® Landscape Architects . Transportation Consultants WilsonMiller, Inc. 3200 Baiey lane, Stile 200 . Naples, Florida 34175 -8507 - Phone 239-649-4040 - Fax 239 -263-6494 • Web -Ste www:whowder.com INDEX TO SHEETS SHVEEET DESCRIPTION 1 COVER SHEET 2 MPUD MASTER PLAN 3 CONCEPTUAL WATER MANAGEMENT PLAN LEGAL DESCRIP110N 2 CLIENT '1� D] /25/11 REVISED PER COUNTY COMMENTS DATED JULY 5. 2011 J.M.L /132 10. DATE DESCRIPTION BY STATUS: REVISIONS PROJECT SURVEYOR PROJECT ENGINEER PROJECT MANAGER JOHN MALONEY, PSM JOHN ENGLISH MARGARET PERRY, AICP P.E. #56M DATE r11AY 20, 2011 CHECKED BY AO" LTN0L,1SH DATE STAMPS PROJECT NUMBER I 215610027 DATE INDEX NUMBER MAY 2011 DD- N0229 -086 ® LEGAL DESCRIPTION ALL OF SECTION25 AND PART OF SECTIONS 2324, —36. TONMSHP 50 SOUnr, RANGE 25 EAST, AND PART OF SECTION 19 TOWNSHIP 50 SOUnr, RANGE 26 EAST, COLLIER COIANTY, FLORIDA (COdaW-2A16.6 —) Sable Bay P.UD. Boukary Ai d Section 25 aM Pd d s— M, N. 26 aM 36, TawnsMp W Soah, Rarge 25 Ean, antl pad of Section 19 Townnrq 50 so W, Range 26 Ean Lelia —f, Fbiiaa aM b M9 more padabM aesai6ea —a—; BegbNrg at tiv NaBnest Comer a Section 25, Tow p 50 SOaM1, R, g 25 Ean Collier Canty, Fbdda; Tharice ab�q iM Ean lire a Sek Segien 25 Se W 00'22'18' Wen 2681.. 1e Thmce mMeue abig sire can fire a vk Seabn 25 SOah 00'203, wen 26BSSS IeN to the sOahean Comer of uitl SecBm?5; Thence abng me Ean bre d Section '-t; 00'1956'Wen 1,518.00 teak Thanm NoM erzssr was 5,3 %.3a last Thence Nam 00.1125 1251.1] fast - iM NoM Wes[ Comer d yak SecTU i6; Thence abrg the soaM1 ire . of Section 26 SoaM1 W9TZT Wen 2,6%.i51eK Thmce m�Nmre abrg the Soum ins of Saitl Section SoaM1 .'2909 Wen 2,6 %.W retl to IM1e Soahwesf wine, d ads seetim 25 Thence along me west fine -,sale section 2s Nom, oo•zz4c Eon 2,6W.1o1eK lhenc wM�we abrg iM WeslinedviaSecgan 26 NOrM 00'222P Fas[?,69020 feetm tl�e Nom�westCmrerd Sale Section 26; Tnence —b the Wen lire a Im.23. 00'0609' Wen 136 fib led: Therce Conti Wabng E Wea Inad Said SeMm 23 NoM arOTt6'Wen 693 T1 fed; Tnence NoM W'DOT Ean 4W.6] rf. Thawe NoM 00'0449 Wen 16 reK Theme NoM.9033 East 91 7. t Thence NoM 00'3129' Wen 56.00 f t Then® Nwm W'2]ST Eon sDw Ieek Thence SaM ar320r Ean W.mmK Thmce NaM 89ZB54 East 9 fi] E-k 1. m fie Wen Iire elme pat a Nages Ganes aM Truck CoY LOtla Famb W 2 (l o6749). in Rat Bwk 1, as rerometl Page 27, We 5 Rawrds a Cdliar Cowry, Flake. 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FmMa; Theme abng me Soap fired via Secim 19 Soan88 2. Wen 1516. %lea; Thence continue ab�g saitl Soah Ike SoaM1 88'ZT16 West 2p91 S21ut m me PgNi OF BEGINNNG. lev ma eamgYq erare from me warors of Title Croak leased Dome west ire a SecBm D. Sibjant usmrestridbrs aremm. Cartairting 2,416.6 .49-- aces more or AC kv- Bdj are Wsetlmthe NoM LiredSection 19 bekg NoM 644224Tan- Flaitla Sbh Rau- Ean2nre 8390 ustinert Ndwlia ubv embozsea wM tlw Raesnenab Sul REF. W.O. : 229200 :A2 pate :5 - 1-12118 RSF -3 PC \ LAND USE SUMMARY USE ACREAGE R B36t REC/VC let D0 50-+ PE 32t P 522-+ P /RBNERR 7801 LELY MAIN CANAL EASEMENT 52-+ )ELY mAim CANAL EASEMENT 14t ETC THDM4.SSON DR./DL CARDINAL WAY ,2t TOTAL 2,416 RESIDENTIAL RECREATION/VILLAGE CENTER COMMERCIAL /OMCE PUBLIC FACILITIES PRESERVE P /RBNERR PRESERVE (To BE DEEDED To RBRERR) 4> ACCESS POINT WITH ROADWAY (TO AND FROM)(* Q PUBLIC WATER SUPPLY WELL (RESERVED FOR EASEMENT 70 COLLIER CONY) INTERNAL ROADWAYS (CONCUM AL IN NATURE EXACT ROUTE AND YAM SUBJECT TO CHANGE AT TOJE OF SDP OR PLATT AND ARE SUBJECT TO CHANGE. RNAL LOCATIONS WILL BE PROVIDED AT TIME OF SDP APPROVAL `ouim I ~" o..' CDC LAND INVESTMENTS, INC. AND MAY 2011 3 CDFJtD D LEGAL DESCEePITON 11109/1 al�w Stantec COWER LAND DEVELOPMENT, INC. ,Kfio MPUD MASTER PLAN 2 REVWD PER WENT 09 /20/1, J.Y.L./1322 7324- 55o -25E WwDi In Planning, Design d Ergnee ing Sines 19%. sRNlcn: yTmru scan vacrz DD —N0229-086 REVISED PER COUNTY COMMENTS DATED JULY 5, 2011 07/26/11 J.M.L,/1322 25,-SW-25E J.C.E /1025 'p°.le.-�°e6° .� 1 — SABAL BAY MPUD N/A � _ DD —N0229 -066 . mo.c41 � �.n.. 0.•i Lai m .....re:ou.a:an v+awD-t 2m9 R DD —NO229 -086 axsonua.en sl nrcc —21 Nn61 ra,IreTx ,` pw.v Rg. ee.,aml onaa W ] pw. w sr1;- lap -IM6 rna a n9e J.M.L /1322 215610027 9U 002 -003 iu I u DRIVE — _ _ — — — THOMASSON —ANE RATTL . . . . . . . . . . . . . . . . . . r WINDSTAR Q o�9SSO vv of �m \ \ \. zo I a ------------ Rid PP YI = I NAPLES BOTANICAL GARDENS f� PUD BOUNDARY L) o ow P❑ D Z \ f °+�D a OO tP -BAY P a -- I I ti B U lie V FJA Z O - O I J I � II HATCH LEGEND LEGEND NOTES —0") CONCEPTUAL WATER LW"EMENT 1. LAKES, BASIN LINES, CONTROL STRUCTURES. ( — E)USRNG LAIVCAl1AL �; E ■ BASIN BOUNDARY LINE CULVERTS AND SW/ LES LOCATIONS SHOWN ARE APPROXIMATE AND SUBJECT TO ADJUSTMENT DURING 'x CONCEPTUAL WATER MANAGEMENT PLAN Or, I D+P) BASIN CONTROL STRUCTURE WITH THE SDP OR PPL PROCESS. s r „• r PRESERVE AREAS S S :' i i O DISCHARGE DIRECTION SPREADER SWALE 2 RIGHTS -OF -WAY, BRIDGES, AND INTERSECTIONS ARE MPROXIMATE AND SUBJECT TO ADJUSTMENT DURING THE SDP OR PPL PROCESS. ®PRESERVE AREAS TO BE DEEDED TO ROOKERY f NOTIONAL ESNAPoNE SABAL BAY MPUD CULVERT 3. SIDE SLOPES (EARTH. 3:1. RA ETC), VERTICAL TREATMENT (EARTH. RIP. RAP. NALCO AND °E5 J.C.E. /1025 RESEARCH RESERVE RE - -x— SWpLE OR CgW,L GROUND COVER (GRASS, MULCH, LAN AS SHOWN IN H. ETC.) CROSS - SECTIONS ME CONCEPTUAL AND SUBJECT TO ADJUSTNFM DURING THE SDP OR PPL PROCESS. xrAx�,am A>BCU,uE a„MW mn s N - -- GENERAUZ SURFACE WATER FLOW DIRECTION 4. HARDSCAPE MATERWLS (ASPHALT, CONCRETE PAVER BRICK ETC.) AS SHOWN ARE CONCEPTUAL AND ,¢v. urt OT% SUBJECT TO ADJUSTMENT DURING THE SDP OR PPL ,EOaxoAm J.M.L /1322 AxE ®�A ma3 c; :w PROCESS- TREVISO BAY P.xE aa'•�x�,a"r I �n xDN� L A Tmwa INC ,'EmM °r+ a x Aio nc ane SECTION C µC P.xi I !L 3 9 C U I o a 4 � K< J I 0.D }.S .zi'k• I S. \h P.xF i I YARKSJ ,C Y rr LELY MANOR 1 CANAL WEIR � ) amuxlr _J, SECTION FTF xs —0") ( — if Stantec NsWDectionslnDesign Engineering. Nanning, 9 °°�" "'�° �° " 0. 1 «W.�PaAe.Le.a . Bu�Aecwo�n •:,.:,.WxA,ur,.�. `�" CDC LAND INVESTMENTS, INC. AND COLLIER LAND DEVELOPMENT, INC. MAY 2011 'x CONCEPTUAL WATER MANAGEMENT PLAN Or, I D+P) TrzA(T E (>M C-) I z s r „• r r . I °^R°^° �.•'. °�00 im SABAL BAY MPUD „, "/" DD —N0229 -086 °E5 J.C.E. /1025 -' '?• IXAma.,D, u�ROCIC A,o am0 on - xrAx�,am A>BCU,uE a„MW mn s N - -- mxPAam �xEA� �Mx, Axe Dm 'MCPOiwto � � — ,¢v. urt OT% ^WEE �� IKxiAOE A'xFRE PIk RDan ExfUDS 5 IiEVEI,mEx � 6SECTION E—E xx ,EOaxoAm J.M.L /1322 AxE ®�A ma3 c; :w I \ m• TIWq u.ie' Cm) I =� ,r• 'f '' ash- a sAea,:m suecvnE �. "'T e9`iWrcr ax=rooR = S R� �> cMro aM.� cx FDOT DRAINAGE TRACT @ r I I tD� w 0") I TREVISO BAY P.xE aa'•�x�,a"r I �n xDN� L A Tmwa INC ,'EmM °r+ a x Aio nc ane SECTION C µC P.xi I !L 3 9 C U I o a 4 � K< J I 0.D }.S .zi'k• I S. \h P.xF i I YARKSJ ,C Y rr LELY MANOR 1 CANAL WEIR � ) mxvt+m sE,sa® amm Drv) i �Ot �� TYPICAL RESIDENTIAL STREET SECTION amuxlr _J, SECTION FTF xs , L— amwu aura u�D all,Elt (+,P) �� ,F5a5 S_ 2SS50 -25E ssuE IK=ex��A Stantec NsWDectionslnDesign Engineering. Nanning, 9 °°�" "'�° �° " 0. 1 «W.�PaAe.Le.a . Bu�Aecwo�n •:,.:,.WxA,ur,.�. `�" CDC LAND INVESTMENTS, INC. AND COLLIER LAND DEVELOPMENT, INC. MAY 2011 'x CONCEPTUAL WATER MANAGEMENT PLAN oa J s r „• r r . I °^R°^° �.•'. °�00 im SABAL BAY MPUD „, "/" DD —N0229 -086 °E5 J.C.E. /1025 -' '?• IXAma.,D, u�ROCIC A,o am0 on - xrAx�,am A>BCU,uE a„MW mn s N SECTION B-TB ds`• xo IA,unx Ixscxr�ux ,¢v. urt W / DR sEC- ,w -RCE ,EOaxoAm J.M.L /1322 AxE ®�A ma3 c; :w I I mxPAam ux+Tmac wun�cxOm (nvj 'f '' ash- a sAea,:m suecvnE �. "'T e9`iWrcr ax=rooR = S SECTION D -D t @ r I I tD� w 0") I - r i ,YSt SRw'NX PUxuW 1RA=FL I/v,E 1PwvEE I/ef I (lyp) mxvt+m sE,sa® amm Drv) i �Ot �� TYPICAL RESIDENTIAL STREET SECTION amuxlr _J, SECTION FTF xs , L— amwu aura u�D all,Elt (+,P) �� ,F5a5 S_ 2SS50 -25E ssuE IK=ex��A Stantec NsWDectionslnDesign Engineering. Nanning, 9 °°�" "'�° �° " 0. 1 «W.�PaAe.Le.a . Bu�Aecwo�n •:,.:,.WxA,ur,.�. `�" CDC LAND INVESTMENTS, INC. AND COLLIER LAND DEVELOPMENT, INC. MAY 2011 'x CONCEPTUAL WATER MANAGEMENT PLAN °^R°^° �.•'. °�00 SABAL BAY MPUD „, "/" DD —N0229 -086 °E5 J.C.E. /1025 = 1 REVISED PER COUNTY COIWENIS DATED JULY 6, 2611 07/26/11 J.M_L /1322 ' xM�x xA,Fa srAx+EC P 00— NO228 —oas 215610027 s,Ea X003 w 003 ds`• xo IA,unx Ixscxr�ux ,¢v. urt W / DR sEC- ,w -RCE ,EOaxoAm J.M.L /1322 AGENDA ITEM 8 -13 Co *,,r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: DECEMBER 15, 2011 SUBJECT: PUDZ- PL2011 -2115: COMMUNITY SCHOOL CFPUD PROPERTY OWNER & APPLICANT /AGENT: Owner /Applicant: Agents: Community School of Naples, Inc. Patrick Vanasse, AICP 13275 Livingston Road RWA, Inc. Naples, FL 34109 6610 Willow Park Drive Naples, FL 34109 REQUESTED ACTION: Richard Yovanovich, Esq. Coleman, Yovanovich & Koester, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone from the Community Facility (CF) zoning district to the Community Facility Planned Unit Development (CFPUD) zoning district. GEOGRAPHIC LOCATION: The subject property is 77f acres in size and is located in the northwest quadrant of the intersection of Pine Ridge Road and Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. PURPOSE AND DESCRIPTION OF PROJECT: The petitioner is requesting a rezone from the current CF zoning district to the proposed CFPUD zoning district for a project to be known as the Community School of Naples CFPUD. The purpose of the rezone can best be described as a corrective action to legitimize the existing site conditions. The petitioner submitted a Site Development Plan Amendment (SDPA) to add a wing to the existing Upper School. The application was rejected because the proposed building height was 32 feet, while the maximum building height in the CF zoning district is 30 feet. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 1 of 11 December 15, 2011 CCPC Revised: 11/22/11 Research indicated that other existing buildings on the campus also exceeded the maximum building height. The petitioner decided to abate the situation by creating a CFPUD with development standards identical to the CF zoning district, except for the maximum zoned building height, which is proposed as 45 feet, to address the tallest existing structure. The Community School of Naples CFPUD will legitimize all of the existing structures on site and will permit the construction of the Upper School wing with a roofline matching the existing school. SURROUNDING LAND USE AND ZONING: North: Osceola Trail ROW; CF — a small water - management pond associated with Osceola Trail; and across Osceola Trail, RPUD — Manchester Square residential development. East: Livingston Road ROW, across which are properties zoned Estates (E), a residential area of Golden Gate Estates commonly known as Livingston Woods. South: Pine Ridge Road ROW and property zoned Agricultural (A) used as a sports academy, a dance studio, and produce sales. West: Property zoned RSF -3 with a Provisional Use (PU, the prior name for Conditional Use) for school facilities — currently being used as Osceola Elementary School, Barron Collier High School and the School Board Administration Center; there is also a portion of the RSF -3/PU property owned by the Community School of Naples; and PUD, the Cypress Glen residential development. Aerial Photo (subject site depiction is approximate) Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 2 of 11 December 15, 2011 CCPC Revised: 11/22/11 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated as the Urban Mixed Use District on the Future Land Use Map of the Growth Management Plan (GMP). This district allows a variety of residential and nonresidential land uses including: parks, open space and recreational uses; and, community facilities such as schools, cemeteries, group housing, libraries and community centers. Future Land Use Element (FLUE) Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code." It is the responsibility of the Zoning Services staff as part of their review of the petition in its entirety to perform the compatibility analysis. FLUE Objective 7 and relevant policies are stated below (in italics); each policy is followed by staff analysis (in bold). Policy 7.1. The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The project's entrance is provided from Livingston Road, Pine Ridge Road and Osceola Trail) Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The CFPUD Conceptual Master Plan does provides for internal accesses within the project and contains only multiple entrances.) Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The subject site abuts a street to the north and mostly to the east. Commercial development lies to the south and southeast which is partially blocked by preserve land and an existing lake; further, interconnection does not seem appropriate given the type of land use on the subject site and that on the site to the south and southeast. To the west is an existing multi - family development and preserve lands.) Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (The Master Plan depicts a sidewalk system within the campus facility, and an external sidewalk along Livingston Road. The project includes significant open space in the form of preserves, lakes and ball fields. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 3 of 11 December 15, 2011 CCPC Revised: 11/22/11 FLUE EVALUATION CONCLUSION: Based upon the above analysis and review, Comprehensive Planning staff concludes that the proposed rezone from Residential Single Family (3) with a Provisional Use and Community Facility to Community Facility CFPUD may be deemed consistent with the FLUE. Transportation Element: Transportation Planning staff has reviewed the petitioner's application and has determined that there is no significant change triggered by the rezoning action. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management Element (COME): Environmental staff has evaluated the proposed rezone for compliance with the CCME and finds it consistent. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed Rezone application. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and the FLUM designation is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County GMP as discussed above. The proposed Rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Deviation Discussion: The deviations are listed in PUD Exhibit E, with the petitioner's rationale provided to support the deviation provided in the Deviation and Justification document that is included in the application material. Deviations are a normal derivative of the PUD rezoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations 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. PUDs .... may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest .... The three deviations are landscape related and are existing. They include a 15 -foot type D buffer instead of the required 20 -foot type D; a buffer on the north side of the subject property that was installed prior to the Osceola Trail land -swap; and the fact that a portion of the buffer along Osceola Trail falls within the lake- maintenance easement. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 4 of 11 December 15, 2011 CCPC Revised: 11/22/11 Petitioner's Rationale: The petitioner provided the following justification for this deviation: These deviations are requested because the landscaping has been installed this way on site. This may have occurred when the property was zoned Agricultural. In addition, when the Community School exchanged property with the School Board for the construction of Osceola Trail, a portion of the north buffer became the property of the School Board. Staff Analysis and Recommendation: Staff sees no detrimental effect if these deviations are approved. Zoning and Land Development Review staff recommends APPROVAL of these deviations, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP. Based on those staff analyses, planning staff is of the opinion that Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 5 of 11 December 15, 2011 CCPC Revised: 11/22/11 this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area, subject to the proposed development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion The Community School is an existing facility; the proposed addition which triggered this petition, will, according to the petitioner, increase classroom space only, and will not increase the number of students. No acreage or intensity or density is being added. 8. Conformity with PUD regulations, or as to desirable modifications ofsuch regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking deviations which stem from the site's previous Agricultural zoning as well as prior property ownership. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of all deviations. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 6 of 11 December 15, 2011 CCPC Revised: 11/22/11 The zoning analysis provides an in -depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed PUD is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD creates a small area on the northern border of the property with CF zoning. The parcel is used as water management for Osceola Trail and is owned by the School Board. The parcel's zoning (CF) is closely related to the proposed CFPUD zoning district, however, this zoning action cannot rezone it, because it is not under the control of the applicant. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested to bring the building height of the existing buildings into compliance, as well as to allow the construction of an architecturally consistent addition. Without rezoning, the applicant would have to seek a variance. The applicant's request is consistent with the GMP. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed PUD, with the commitments made by the applicant, can been deemed consistent the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 7 of 11 December 15, 2011 CCPC Revised: 11/22/11 The proposed change involves building height only; therefore, the roadway infrastructure will continue to have adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP. 8. Whether the proposed change will create a drainage problem; Since the school is existing, the proposed PUD should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, past approvals have led to some buildings which exceed the maximum building height in the district. The petitioner could have remedied the situation through the variance process, but has chosen to proceed through this rezoning action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 8 of 11 December 15, 2011 CCPC Revised: 11/22/11 district, if staffs conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property is already developed as a school; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The subject site is currently developed as a school. The proposed PUD is consistent with the GMP as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC was not required to hear this petition because no environmental issues were identified. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 9 of 11 December 15, 2011 CCPC Revised: 11/22/11 NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM meeting was duly noticed by the applicant and held on November 28, 2011. The applicant was represented by Richard Yovanovich,Esquire, Patrick Vanasse, AICP and several members of the Community School staff. Fred Reischl, AICP, Collier County Senior Planner also attended. A CSN teacher, who is also a resident of neighboring Cypress Glen, asked the applicant's agent some questions informally, but did not want to stay for a meeting. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on November 30, 2011. RECOMMENDATION: The Community School of Naples is currently zoned CF, but certain buildings on site exceed the maximum building height of the CF zoning district. The Community School of Naples CFPUD incorporates all of the standards of the CF district, with the exception of an increased maximum building height. Because the proposed CFPUD is consistent with the GMP and compatible with the surrounding land uses, the Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition CU- PL2011 -2115 to the BZA with a recommendation of approval. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 10 of 11 December 15, 2011 CCPC Revised: 11/22/11 PREPARED BY: F ISCHL, AICP, S NIOR PLANNER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: rL'."'j U /F30-ft RA ND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES /Z -or -Zoll LIAM D. LO NZ, JR. P.E., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: ( ;U— � "/ NICK CASALANGUIDA, DE MINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the January 24, 2012 Board of County Commissioners Meeting Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 11 of 11 December 15, 2011 CCPC Revised: 11/22/11