Ordinance 2012-12ORDINANCE NO. 12-12
,By-
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 STANDMtDS-
INCLUDING RIGHT OF WAY WIDTHS AND SIDEW9:kS;.
ADDITION OF GENERAL PERMITTED USES TO INCDE
OUTSIDE STORAGE FACILITIES; REMOVAL OF GOLF A& A''
PERMITTED USE; ADDITION OF CAR WASH, POST OF CE, _.,
DOCKS AND ELECTRIC BOATS AS ALLOWABLE USES IN "THE
RECREATION/VILLAGE CENTER TRACT; INCREASE f ' OF ` ?
PRESERVE BY 45 ACRES; INCREASE IN FLOOR AREA RATI��R r,;,
ADULT LIVING FACILITY AND INCREASE IN HEIG'fIT;
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. 419
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.
a�r
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- PL2011 -47
Rev. 3/13/12 Page 1 oft
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 1'5 day of , 2012
ATTEST:
DWIGHT E. BROCK, CLERK
B}'��lr , y Clerk
Apprb p¢.t►i+m
and legal sufficiency:
41=2. W )
Steven T. Williams
Assistant County Attorney
Attachment: Exhibit A - PUD Document
CPA 1- CPS - 01105 \90
Sabal Bay MPUD/PUDA- PL2011 -47
Rev. 3/13/12
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: W. (,,,L
FRED W. COYLE, Cha' an
Page 2 of 2
This ordinance filed with the
��vry of S s ffi�e he
'�day of -. - &
and acknowledgeme that
fili r ved.tj?i day
of !V
By eputy
Sabal Bay
A MIXED -USE PLANNED UNIT DEVELOPMENT
2,416.8849 +/- 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:
WGI Communities, •, and Collier- Develepment Cer-pefatie
CDC Land Investments, Inc. and
Collier Land Development, Inc.
2550 Goodlette Road North, #100
Naples, FL 34103
PREPARED BY:
rc6 eFt�-- rrraax , , RWA,
6610 Willew Park Drive, Suite 200
Naples, F-L 34109
WilsonMiller Stantec
3200 Bailev Lane. Suite 200
Naples, FL 34105
om
s Suite 300
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
12 -15 -2011
3- 1z -9n12
2012-12
AMENDMENT AND /OR REPEAL AMEND 9005-59
Words underlined are additions; words stFUGk threugh are deletions.
Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE
MPUD MASTER PLAN
SECTION I
LEGAL DESCRIPTION, PROPERTY 0VA4ERS14W, p.
1 -1
SCHEDULE OF DEVIATIONS
BALD D E A !'! T E MANAGEMENT Di A N
GENERAL DESCRIPTION, AND DENSITY
SECTION II
PROJECT DEVELOPMENT
2 -1
SECTION III
RESIDENTIAL/GObIi ( "PJG ")
3 -1
SECTION IV
RECREATION/VILLAGE CENTER ( "REC/VC ")
4 -1
SECTION V
COMMERCIAL /OFFICE ( "CO ")
5 -1
SECTION VI
PRESERVE ( "P ")
6 -1
SECTION VII
PUBLIC FACILITIES ( "PF ")
7-1
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
8 -1
EXHIBIT A
MPUD MASTER PLAN
EXHIBIT B
LEGAL DESCRIPTION
EXHIBIT C
ArnP-rPE� !XrrAr-
SCHEDULE OF DEVIATIONS
BALD D E A !'! T E MANAGEMENT Di A N
1
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Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the applicants, WC1 C,.mffitmities, hie.,
(wo), CDC Land Investments, Inc., and Collier Land Development, Inc., hereinafter
referred to eelleefively as the develepe Owners, to create a Mixed -Use Planned Unit
Development (MPUD) on 2,416.0849 +/- 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 --tivit the Cellier- County Land Development Code (LD `, and other applicable
regulations for the following reasons:
The subject property is within the Urban Coastal Fringe Sub - District as identified on the
Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban
Coastal Fringe Sub - District is to provide for a variety of residential and mixed -use
developments such as Planned Unit Developments.
2. a) The proposed residential density of Sabal Bay is 4-46 0.85 dwelling units (DUs) per acre,
1,999 units /458-5-2,350 acres, which excludes the ,
East Naples Fire - Eeatr- el and -F a Dist-fietsite, 75.01 50 acres of commercial uses, 12.40
and the 16 acres of recreation/village center uses 711.67 es
ef 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 hotel
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 87,038 101,894
square feet of existing commercial development, exceed the following: 250 hotel rooms;
200,000 square feet of retail; and, 60,000 square feet of office.
c) The undeveloped and developed commercial acreage is consistent with the provisions of
the FLUE as it is located within Activity Center # 17 at US 41 and Thomasson Drive.
d) Commercial uses within the RecreationNillage Center District are consistent with FLUE
Map -11, which identifies existing zoning consistent with the FLUE by Policies 5 -9, 5 -10, 5-
11, and 5 -12. Moreover, the area and allowable uses within the RecreationNillage Center
District are consistent with the provisions set forth in Policy 5.1.
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Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
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 Sabal Bay MPUD will result in an efficient and economical
extension of community facilities and services as required in Policy 3.1 of the FLUE.
6. The Sabal Bay MPUD is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as may be required by Objective 1.5
of the Drainage Sub - Element of the Public Facilities Element.
7. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10, of the LDC.
Transportation concurrency is partially vested in that the Developer is 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.
By virtue of compliance with the provisions of Chapter 6, of the LDC, the project will
also implement, and 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 ".
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SECTION I
LEGAL DESCRIPTION, PROPERT4 OMWERSHIP, AND GENERAL DESCRIPTION,
AND DENSITY
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and erg 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 2,416.0849 +/- acres, and located within Sections 23, 24, 25, 26,
and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range
26 East, Collier County, Florida, and is legally described as:
See Exhibit `B"
1.3 GENERAL DESCRIPTION OF PROPERTY
A. The subject property is located in Sections 23, 24, 25, 26, and 36, Township 50
South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier
County, Florida. The property is generally located south of Thomasson Drive, south
and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples
Bay Intercoastal Waterway in the western portion of Collier County.
B. The zoning classification of the subject property, at the time of the MPUD
application is PUD, A - Agriculture, and A -ST — Agriculture Special Treatment
Overlay.
C. Elevations within the subject property are approximately 8 to 11 feet above MSL.
Per- FEMA Fifm Map Panel No. 1200670 581 F, 1200670 582 F, 1200670 ,
1-210-0-6-70 584 -9, and- 1200670 -693 9, dated n,,, as4 3, 1992, the Sabal Ba, , p peAy
is leeated within AE 8 11 of the FEMA flood imsuFmee Fa4e map-. 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
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Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
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 Collier- Geunt�, Water- Managemefit.
Distfiet Hender-sen C --eek Watershed—Lely Main Canal, Lely Manor Canal and
Miscellaneous Coastal drainage basins.
G. A portion of the subject property is located within the City of Naples Water Service
District.
H. The subject property is partially developed pursuant to the January 7, 2002
Preliminary Development Agreement (PDA) with the State of Florida's Department
of Community Affairs to allow development on 83 acres of the property within
Collier County.
1.4 DENSITY
A. A maximum of 1999 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`, tidal wetlands, ds, and plat4ea
r-ig 4s of way, is approximately 4-55-5 2,350 acres. The gross project density shall
be a maximum of 446 0.85 dwelling units per acre.
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Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the Sabal
Bay MPUD, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Sabal Bay MPUD will be a mixed -use planned unit development. The MPUD
will incorporate residential, geld 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
87,038 101,894 square feet of retail development within the MPUD authorized to be
constructed pursuant to a PDA between Collier Development Corporation and the
State of Florida Department of Community Affairs. The other uses shall be
distributed throughout the remainder of the MPUD property, as set forth on the
MPUD Master Plan (Exhibit A).
Access to the property shall be from East Tamiami Trail (US 41), Thomasson Drive,
Hamilton Avenue and Bayshore Drive.
The project will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services shall be provided as deemed
appropriate.
B. The MPUD Master Plan is illustrated graphically as Exhibit "A ". A Land Use
Summary indicating approximate land use acreages is shown on the Plan. The
Master Plan is conceptual, and the location, size, and configuration of individual,
residential, commercial, recreational areas, water management features, and tract
development areas shall be determined at the time of site development plan (SDP)
and/or subdivision plat approval.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of the Sabal Bay MPUD shall be in accordance with
the contents of this MPUD Ordinance and applicable sections of the LDC (to the
extent they are not inconsistent with this MPUD Ordinance) and the GMP in effect
at the time of issuance of any development order to which said regulations authorize
the construction of improvements, such as but not limited to subdivision plat, SDP,
excavation permit and preliminary work authorization. Where these MPUD
regulations fail to provide developmental standards, then the provisions of the
most similar district in the LDC shall apply.
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B. Unless otherwise defined herein, or as necessarily implied by context, the definitions
of all terms shall be the same as the definitions set forth in the LDC in effect at the
time of development order application.
C. Development permitted by the approval of this MPUD shall be subject to the
Adequate Public Facilities Ordinance, Section 6.02.00 and Section 10.02.07 of the
LDC. At this time, 1,766 residential units are vested for transportation concurrency
pursuant to the terms of the Standard Form Collier County Contribution Agreement
for Road Impact Fee Credits dated October 22, 2002, and amended April 22, 2008
and June 22, 2010, between Collier Land Development, Inc., Collier Development
Corporation, and the Board of County Commissioners. In addition, 87,038 101,894
square feet of commercial development exists within the MPUD boundary.
D. Unless modified, waived or excepted by this MPUD or by subsequent request, the
provisions of other sections of the LDC remain in effect with respect to the
development of the land which comprises this MPUD.
E. All conditions imposed herein or as represented on the Sabal Bay Master Plan are
part of the regulations 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.
I. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI
thresholds for a mixed -use project (100 percent for a specific use and 160 percent of
any combination of three or more uses), as they exist on the date the MPUD is
approved. The project shall be monitored through the PUD monitoring process on
an annual basis and during SDP and/or subdivision plat review process, as may be
applicable.
2.4 ROADWAYS
A. Roadways within the Sabal Bay MPUD shall be privately and/or CDD owned and
maintained, except for Thomasson and Cardinal Way, which will be
public roads. Standards for roads shall be in compliance with the applicable
provisions of the LDC regulating subdivisions, unless otherwise modified, waived or
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Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
excepted by this MPUD or approved during subdivision plat approval. The
developer Owners reserves the right to request substitutions to design standards in
accordance with Subsection 10.02.04(A)(3) of the LDC. The developer Owners
retains the right to establish gates, guardhouses, and other access controls as may be
deemed appropriate by the developer 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 develepe Owners, the
minimum right -of -way width to be utilized for local streets and cul -de-
sacs may be fifty feet (50'), a deviation from LDC Subsection 6.06.01(0)
that requires rights -of- way for local roads to be at least sixty feet (60').
Drive aisles serving multi - family tracts shall not be required to meet this
standard. Additionally, in specific cases where development roadways
cross potential wetland or upland preserves, the Owners shall have the
ability to reduce the required right -of -way width below the current 50 -foot
minimum to a width of no less than 40 feet.
b. Dead -end Streets: Cul -de -sacs may exceed a length of one thousand feet
(1,000'), a deviation from LDC Subsection 6.06.01(J) that limits cul -de -sacs
to 1,000 feet.
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
backslope treatment with a slope no steeper than 2:1, and for a maximum
height of 36 inches for the length of the roadway crossing, a deviation
from Section 4.06.05J. Owners may utilize structural retaining wall to
minimize potential wetland or upland impacts for backfill elevations
exceeding 36 inches in height for the length of the roadway crossing. In
these specific cases, a guard rail system designed to withstand vehicular
impact will be provided.
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2.5 SIDEWALKSBIKEPATHS, BIKE LANES
A. Sidewalks: All privately and/or CDD owned roads internal to the Sabal Bay MPUD
other- than leeal reads shall have a minimum si* 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.
E:B. Pursuant to Chapter 6.06.02 of the LDC, sidewalksibike paths shall be permitted
as follows:
An internal pedestrian walkway system is permitted within drainage
easements. Where such a pedestrian system is provided, no sidewalk shall
be required adjacent to the right -of -way serving the adjacent residential
tract.
2. Sidewalks may be located outside platted rights -of -way when located
within a separate sidewalk easement.
3. Sidewalks may be located within landscape buffers and/or easements;
however, the landscape buffer shall be increased in width by an amount
equal to the encroachment at the point 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(al) 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(e2) 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 / or fanned. Prior to stockpiling in these
locations, the develeper Owners shall notify the Genununity Development — an
Ea enW Sefyiees Admip4stfate County Manager or his designee and shall
demonstrate compliance with the following standards:
1. Stockpile maximum slope: 2:1
2. Stockpile maximum height: Thirty Feet (30')
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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 AND /OR CDD RIGHTS -OF -WAY
Utilization of lands within all project rights -of -way for landscaping, decorative
entranceways, and signage shall be allowed subject to review and administrative approval
by the Collier County Engineering Director for engineering and safety considerations during
the development review process and prior to any installations.
2.9 MODEL HOMES /SALES CENTERS /SALES OFFICES/
CONSTRUCTION OFFICES
A. Models, sales /rental centers and other uses and structures related to the promotion
and sale, resale, and/or rental of real estate and/eF7gel€ /-sports memberships such as,
but not limited to, pavilions, viewing platforms, gazebos, tents, parking areas, and
signs, shall be permitted principal uses throughout the Sabal Bay MPUD subject to
the requirements of Chapters 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC. Such
temporary use permits shall be valid through the life of the project with no extension
of the temporary use permit required.
B. Temporary use permits for sales centers, and model homes may be approved
subsequent to zoning approval. Temporary use permit applications, and, where
required, associated SDP or site improvement plan (SIP) application(s) for
residential models, shall be submitted, and approved pursuant to Chapters 4.05.00,
4.06.00, 5.06.00, and 5.04.04 of the LDC, with applications for the subdivision plat.
The location of the model units within a future platted lot shall be depicted on the
SDP or SIP, as the case may be. All model units shall be located on lots that will be
platted through subsequent development order approvals, and shall comply with all
development standards applicable to said lots.
C. Temporary uses for sales centers may be serviced by temporary well and septic
systems.
D. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may
be used as a temporary sales facility to be utilized to market residential products,
including the re -sale of residences within the boundaries of the Sabal Bay MPUD
an sports club memberships.
tempeffffy sales f4eility shall eease when the pr-ejeet is released to the eentfel of the
2.10 CHANGES AND AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER
PLAN
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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 develepe 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
owners' association, as applicable, shall be responsible for the operation, maintenance, and
management of the surface water and stormwater management systems.
2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Sabal Bay MPUD. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms: 4:1
2. Ground covered berms:
a. Perimeter: 3:1
b. Internal to project: 3:1
3. Other slope stabilizing materials and landscape features, including natural or
manmade rock features and geotextile mats, where necessary, excluding rip
rap: 1:1
4. Structural walled berms: vertical
B. Fence or wall maximum height:
Perimeter fences or walls and fences and walls separating commercial uses
in the C01 CO2 and CO3 areas from residential areas shall be permitted at a
height of up to eight feet (8'),
ground at the base of the fenee 8F n top of a berm of up to four feet
W). This constitutes a deviation from Subsection 5.03.02B.0 of the LDC
2. All other fences or walls shall not exceed a height of six feet (6') as
measured from the finished floor elevation of the nearest residential
structure. Fences or walls constructed on a landscaped berm shall not exceed
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Words underlined are additions; words stFUGk thFea@# are deletions.
Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
grade, of k the
- base -e wall. For
the pwpese of •'-:�
pr-evision,
the eFeA% elevatien ef the
nee&es4 existing read.
if the fenee or- we
landseape berm, the
be.....
eenstfueted- 6ii—i� eto.
h-ea higher.
than 8 feet ftem the finished
and wall Hi l
gr-
eembinatien sh—all ae;.
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
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Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
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 developer 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.
4. Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
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Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
5. Guardhouses, gatehouses, and access control structures.
6. Community and neighborhood parks, recreational facilities.
7. Temporary construction, sales, and administrative offices for the develepeF 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 use
by the project's residents and Quests, excluding boats, in the R5 area only. If this use
is provided, the Owners shall install an eight foot (81) high wall or fence on top of a
four foot 4') berm for screening/buffering purposes prior to any storage use.
B. Development Standards:
Unless otherwise set forth in this Document, the following development standards
shall apply to structures:
1. Setback from back of curb or edge of pavement of any road — Twelve feet
(12') except for guardhouses, gatehouses, and access control structures
which shall have no required setback.
2. Setback from MPUD boundary: See Table I, Section III, Development
Standards.
3. Minimum distance between unrelated structures — Ten feet (10')
4. Maximum height of structures — See Table I, Section III Development
Standards.
5. Minimum floor area — None required.
6. Minimum lot or parcel area — None required.
7. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with LDC in
effect at the time of SDP approval.
2.15 OPEN SPACE REQUIREMENTS
The Collier County LDC requires that mixed -use residential projects maintain open space at
a minimum of 30% of the entire MPUD. The MPUD Master Plan identifies preserves,
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Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
lakes, recreation tracts, including gel f e uf-se are 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 6.1.1 of the Conservation and Coastal Management Element of the
Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of
559.52 537.61 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" 61% +/- (tom 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 2,416.0849 t acres on the project site, 1-781- 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.
1. 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's Owners' name and logo. Said
signs shall be located so that they are visible only internal to the Sabal Bay
MPUD. This constitutes a deviation from Subsection 5.06.0
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 develepeF''s- Owners'
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Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
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 5.06.05
02 and 5.06.04 which limits such signs to 64 square feet.
3. Boundary marker monuments containing project identification signs
designed to identify the project, or any major use within the project, shall
be permitted in locations depicted on the MPUD Master Plan (Exhibit
"A "). The sign face 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
developer'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.
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Sabal Bay MPUD Amendment / PUDA- PL2011 -047 — 3/13/12
SECTION III
RESIDENTIALAGOLE
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Saba] Bay MPUD designated on the Master Plan as "R/6 ",
ResidentiaVGW
3.2 MAXIMUM DWELLING UNITS
A maximum of 1,999 approved residential dwelling units may be constructed on lands
designated "WO" Residential on the MPUD Master Plan. For purposes of project density, 4
ALF /CCRC units shall constitute 1 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/G&W, on the Master Plan are designed to
accommodate a full range of residential dwelling types, general permitted uses as described
by Section 2.14 of this Document, a full range of recreational facilities, essential services,
and customary accessory uses.
The approximate acreage of the area designated as "R/G ", Residential/6elf, 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/GW tracts are designed to accommodate internal roadways, open spaces, golf
eeur-se - 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:
1. Single family attached and detached dwellings, townhomes.
2. Single family and zero lot line dwellings.
3. Two- family and duplex dwellings.
4. Multi - family dwellings including mid -rise, coach home and garden
apartments. Multi - family buildings are limited to a maximum building
height of 50 feet measured as set forth in the LDC Section 1.08.02
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Definitions "building, zoned height of', except that within tract RG4,
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.
Timeshares, which shall not be counted as tempoLM lodging units but
which shall be counted as residential dwelling units.
6. Model homes and model home centers including offices for project
administration, construction, sales and marketing.
7. Assisted living facilities (ALF) and/or continuing care retirement
communities (CCRC) with ancillary medical uses and personal services for
residents and their guests, including but not limited to, beauty salon, bank,
pharmacy and convenience store are permitted as ancillary uses. (Such
ancillary medical or personal service uses shall only be accessed from inside
the ALF or CCRC). No external signage or advertising is permitted in
support of these ancillary medical or personal service uses. As ancillary
uses, not intended for utilization by the general public, such ancillary
medical or personal service uses shall be limited in size and intensity to an
amount determined to be necessary to serve the residents of the ALF or
CCRC, their guests, and the facility employees. ALF and/or CRRC 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.
2. Community, related recreational facilities and structures
including clubhouses, health and fitness facilities, restaurants, cocktail
lounges, , pools, meeting rooms, community
buildings, playgrounds, playfields, tennis courts, and similar uses intended to
exclusively serve community residents and their guests.
3. Community and golf a r-el maintenance facilities, water
management facilities, and utility and maintenance structures and staff
offices.
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Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
4. Boardwalks, nature trails, shelters, viewing piers, viewing_ platforms,
educational signs, kiosks, elevated paths, and docks or platforms for
launching and mooring or storage of non - motorized vessels utilizing
movable storage racks. Electric boats are an allowed accessory use.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the Sabal Bay
MPUD Residential/GoW Area. Standards not specified herein shall be those
specified in Chapter 5 of the LDC in effect as of the date of adoption of this MPUD
Ordinance.
B. The following standards shall be applicable to the proposed ALF or CCRC use. The
ALF or CCRC use is prohibited in the R2 -B. R5, and R7 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 fee t one -half (1/2) the height of the principal structure
ii) Side: 15 feet one half 1/2) the sum of the height of principal
structures, except no setback shall be required from any lake
easement.
iii) Rear: 25 fee one -half (1/2 ) the height of the principal structure,
except that no setback shall be required from any lake easement.
iv) Setback from U.S. 41: same as height of the principal structure
3. Floor Area Ratio: 0:45 0.60 FAR.
4. Maximum height: not to exceed a zoned
height of 50 60 feet and an actual height of 75 feet.
5. Any ALF or CCRC constructed along U.S. 41 will provide a Type C buffer,
20 foot wide, opaque within one Year, with a six -foot wall, fence, hedge or
berm or combination thereof and two staggered rows of trees spaced no
more than 30 feet on center along with a single row shrub. Trees shall be 14
feet tall at time of planting and shrubs shall be 24 inches tall at time of
planting.
C. Site development standards for single family, zero lot line, two - family, duplex,
single family attached and town home uses apply to individual residential lot
boundaries. Multi - family standards apply to platted parcel boundaries, unless
otherwise specified.
D. Standards for parking, landscaping, signs and other land uses, where such standards
are not specified herein, are to be in accordance with the LDC in effect at the time of
SDP approval. Unless otherwise indicated, required yards, heights, and floor area
standards apply to principal structures.
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TABLE I: SABAL BAY MPUD DEVELOPMENT STANDARDS FOR "RG" RESIDENTIAL/GOUF AREA
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SINGLE
MULTI FAMILY/
SINGLE
ZERO LOT
TWO
FAMILY
TIMESHARE
CLUBHOUSE/
ALFs
SETBACK
FAMILY
LINE
FAMILY/
ATTACHED/
DWELLINGS
RECREATION
CCRC'S s
DETACHED
DUPLEX
(EXCLUDING
BUILDINGS
TOWNHOME
TOWNHOUSES
PRINCIPAL
STRUCTURES1"
3,500 SF
Per Section
Minimum Lot Area
5,000 SF
4,000 SF
per lot or
-,SW 2,600 SF
N/A
10,000 SF
3.5 B
unit
Minimum Lot Width 2
40'
35'
35' per lot
20'
N/A
N/A
N/A
or unit
15' or .5 BH,
whichever is greater,
Front Yard Setback
15'
15'
15'
15'
20•
Per Section
and a minimum of 75
3.5 B
feet from the PUD
perimeter bound
15' or .5 BH,
whichever is greater,
Front Yard for Side
4 50 feK
Entry Garage
10'
10'
10'
10'
and a minimum of 75
N/A
N/A
feet from the PUD
perimeter bound
15' or .5 BH,
whichever is greater,
Rear Yard i
10'
10'
10'
10'
15
Per Section
and a minimum of 75
3.5.B
feet from the PUD
perimeter bound
15' or 50% of BH,
whichever is greater
Side Yard
6= 5'
0' or 6' 5' *3
0' or 015' "3
0' or 615 3
10'
Per Section
and a minimum of 75
3.5 B
feet from the PUD
perimeter boundary 4
A
0
0
0
0
A
0
From Preserve 1
25'
25'
25'
25'
25'
25'
25'
Maximum Heights
35'
35'
35'
35'
50' above FEMA
55,
Per Section
elevation
3.5.13
Floor Area Minimum
1200 SF
1200 SF
1200 SF
1200 SF
700 SF
N/A
N/A 8
SF
Minimum Distance
15' or .5 SBH,
15' or .5 SBH,
Between
4-X 10'
4-X 10'
44110'
4-X 10'
15' or .5 SBH
,y
whichever is
whichever is
Principal Structures°
whichever is greater
greater
greater 4
ACCESSORY
STRUCTURES10''-'
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
Between Accessory
0' or 10'
0' or 10'
0' or10'
0' or 10'
0' or 10i4
0' or 10'4
0' or 10'
Structures on same lot
Minimum Distance
Between Accessory
0' or 10'
0' or 10'
0' orl0'
0' or 10'
0' or 10'4
0' or 10i4
0' or 10'
and Principleal
Structures on same lot
Maximum Height
SPS
SPS
SPS
SPS
50'
SPS
30' 80'
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BH: Building Height — measured as defined in LDC Section 1.08.02 Definitions "building, zoned height of."
SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback
requirements.
SPS: Same as Principal Structure
Front yards shall be measured as follows: If the parcel is served by a public or private right -of -way, setback is measured from the
adjacent right -of -way line.
* 1 - Setback from lake easements for all accessory uses and structures may be 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 of." Actual height of
structures in Single Family Detached, Zero Lot Line, Two Family /Duplex, and Single Family Attached/Townhome categories
shall not exceed forty -five feet (451. Mid -rise Multi - family /timeshare structures within Tracts R/G4, 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 or CCRC; however, the maximum floor area ratio
(FAR) is . .60. The ALF /CCRC use is prohibited in the R2 -B. R5, and R7 areas.
*9 — Minimum separation between parking decks under mid -rise structures shall not be less than 60 feet.
10 - In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be
located within a landscape buffer in accordance with LDC applicable provisions in effect at the time or permitting.
11 MeFe -setbaeks are measure as a pervent eF fhetoi: of building height, the "Zoned" building height shall be utilized.
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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
Nillage 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 11 that establishes exempt commercial areas within
the boundaries of the MPUD which have been determined to be consistent by policy (FLUE
Policy 5.9). Regardless of the ultimate mix of uses, in no case shall this MPUD exceed 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 developer 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:
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, and 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).
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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).
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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 then than 250 temporary
lodging units shall be permitted within the entire MPUD).
32. Timeshares, which shall not be counted as temporary lodging units but
which shall be counted as residential dwelling units.
33. Miscellaneous Retail Stores, not elsewhere provided for above (Groups
5699, 5999), whether accessory to a hotel, motel, clubhouse, or independent.
3-3-.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.
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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 (15').
4. Proposed structures located adjacent to a lake may have no setback from the
lake maintenance easement. No structures are permitted in the required 20-
foot lake maintenance easement.
5. Principal and accessory structure setbacks from Preserve Area
i) Principal structure: Twenty-five feet (25')
ii) Accessory structure: Ten feet (10')
B. Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - Fifty feet (50); except clock towers or similar
architectural features, which shall be permitted up to seventy-five feet (75').
D. Minimum distance between principal structures - Ten feet (10'), or greater, if
required by local fire codes in effect at time of development.
E. Minimum distance between accessory structures - Ten feet (10').
F. Parking for uses and structures constructed in the Recreation/Village Center: The
amount of required parking within this District may be reduced by up to 25% of the
applicable LDC parking requirements if it is demonstrated that such a reduction is
warranted through the submission of a shared parking analysis, to be submitted with
an SDP application. The amount of parking necessary shall be determined utilizing
the modal splits and parking demands for various uses recognized by the Institute of
Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The
analysis shall demonstrate the number of parking spaces available for more than one
use or function, recognizing the required parking spaces will vary depending on the
multiple functions or uses in close proximity which are unlikely to require the spaces
at the same time.
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The shared parking analysis methodology will be determined and agreed upon by
the County Transportation Staff and the applicant during the SDP pre - application
meeting. The shared parking analysis shall use the maximum square footage of uses
proposed by the SDP application. Note: Any such reduction approved by staff is a
deviation from the requirements set forth in LDC Section 4.05.04.
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SECTION V
COMMERCIAL /OFFICE
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for tracts designated as
"C /O ", Commercial /Office on Exhibit "A ", MPUD Master Plan. The general function
and purpose of this Tract is to provide the opportunity for diverse types of commercial
activities delivering goods and services, including entertainment and recreational
attractions to many segments of the population.
5.2 MAXIMUM COMMERCIAL /OFFICE SQUARE FEET
The 4-5 50 f 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 /O1 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 Uses 1:
1. Establishments primarily engaged in performing soil preparation services,
crop services, veterinary services, other animal services, farm labor and
management services, and landscape and horticultural services, as outlined
under Major Group 07 in the Standard Industrial Classification Manual,
only including Industry Number 0742 — veterinary services for animal
specialties.
Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual,
1987 Edition.
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2. Establishments furnishing point -to -point communications services as
outlined under Major Group 48 in the Standard Industrial Classification
Manual; no communication towers are permitted.
3. Any retail business as defined in the Standard Industrial Classification
Manual for the following categories:
a. 523 — Paint glass, and wallpaper stores;
b. 525 — Hardware stores;
C. 526 — Retail nurseries, lawn and garden supply stores;
d. Major Group 53 — General merchandise stores.
4. Any retail store engaged in selling food as defined under Major Group 54
in the Standard Industrial Classification Manual.
5. Any retail business engaged in selling automobile parts and accessories;
and retail gasoline sales (without service facilities), as defined in the
Standard Industrial Classification Manual for the following categories:
a. 553 — Auto and home supply stores, not including any installation
facility;
b. 554 — Gasoline stations, not including service facilities;
C. Group 7542 — Carwashes only.
6. Any retail business engaged in selling new or used motorboats and other
watercraft, marine supplies, and outboard motors as defined under
Industry Group 555 in the Standard Industrial Classification Manual.
7. Any retail business engaged in selling apparel and accessories as defined
under the Major Group 56 in the Standard Industrial Classification
Manual.
8. Any retail business engaged in selling home furniture, furnishings, and
equipment stores as defined under Major Group 57 in the Standard
Industrial Classification Manual.
9. Any retail establishment selling prepared foods and drinks, including
alcoholic drinks (for consumption on the premises), as defined under the
Major Group 58 in the Standard Industrial Classification Manual.
10. Any miscellaneous retail business as defined under Major Group 59 in the
Standard Industrial Classification Manual, not including Industry Group
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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
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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.
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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 101
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
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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/6 Subdistrict,
subject to all development standards set forth in Section III of this MPUD
Document.
5.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 10,000 square feet.
B. Minimum Lot Width: 100 feet
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C
19
E
F
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
passage from front to rear yard
of five (5) feet, with unobstructed
3. Rear Yard: 15 feet.
4. Parcels with two frontages may reduce one front yard by 10 feet.
5. In no instance shall a structure encroach into a required landscape buffer,
other than those structures permitted to be located within a landscape
buffer, in accordance with LDC provision in effect at the time or
permitting."
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.
Minimum Distance Between Non - attached Structures: Fifteen feet (15') or one-
half the sum of the building heights, whichever is greater.
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
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H. than those structures permitted to be located within a landscape buffer in
accordance with LDC provision in effect at the time or permitting.
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.
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SECTION VI
PRESERVE
6.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within the Sabal Bay MPUD designated on the Master Plan as "P ", Preserve.
6.2 GENERAL DESCRIPTION
Areas designated as "P ", Preserve on the Master Plan are designed to accommodate
conservation, passive recreation and water management uses and functions. The
approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based
on conceptual designs and is approximate. The configuration of these areas may change due
to permitting requirements with the South Florida Water Management District, United
States of America Corps of Engineers and other agencies; however, the acreage shall be
generally consistent with that shown on the Master Plan. Actual acreages of preserve areas
will be provided at the time of SDP or subdivision plat approvals in accordance with
Sections 10.02.03 and 10.02.04 of the LDC.
6.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. 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 eart paths, golf eeufse mugh areas, 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
1. From MPUD or external development tract boundary: Fifteen Feet (15')
2. From internal tract boundary: Ten Feet (10')
3. From lake maintenance easement: Zero Feet (0')
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4. Maximum Height of Structures: Twenty -five Feet (25'), except for
viewing platforms that may be seventy -five feet (75')
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SECTION VII
PUBLIC FACILITY
7.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within the Sabal Bay MPUD designated on the Master Plan as "PF ", Public Facility.
The PF district land is set aside for Collier County School Board to build an elementary or
middle school and one acre is set aside for fire, rescue and an EMS site. Should the School
Board or Fire District decide that it will not need this land, or a portion of it, then this area
may be used for any uses permitted within the R{G Subdistrict, subject to all development
standards set forth in R/G Subdistrict.
7.2 GENERAL DESCRIPTION
Areas designated as "PF ", on the Master Plan are designed to accommodate an educational
facility, and public safety services and facilities. The approximate acreage of the areas
designated as "PF ", are indicated on the MPUD Master Plan. This acreage is based on
conceptual designs and is approximate. Actual acreages of all development tracts will be
provided at the time of SDP or subdivision plat approvals in accordance with Sections
10.02.03 and 10.02.04 of the LDC.
7.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Educational facilities, limited to public elementary or middle school.
2. Educational plant, limited to public elementary or middle school.
3. Safety service facilities, limited to fire stations and EMS facilities.
B. Accessory Uses
Accessory uses customarily associated with the principal permitted uses.
7.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Twenty -five feet (25')
2. Side Yard: Fifty feet (50').
3. Rear Yard: Fifty feet (50').
EB. Exterior lighting shall be arranged in a manner, which will protect roadways and
residential properties from direct glare or unreasonable interference.
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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.
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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 developer- Owners, its their successors and assigns, shall be
responsible for the commitments outlined in this Document
The developer Owners, As 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 F 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
develepe Owners shall be released from responsibility for the commitments.
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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 Cemmunity Development and Eni ir- ewnental Se=, iees Administiater,
County Manager or his designee, shall be authorized to approve minor changes
and refinements to the Sabal Bay MPUD Master Plan upon written request of the
developer Owners, subject to the provisions set forth in LDC Subsection
10.02.13E.
8.4 ENGINEERING
A. Except as noted and authorized as a deviation in this PUD Document, all project
development will be consistent with provisions of Sections 10.02.04 and 10.02.03
of the LDC.
8.5 UTILITIES
A. All County or City water distribution and sewage collection and transmission
facilities to serve the project shall be designed, constructed, conveyed, owned,
and maintained in accordance with Collier County Ordinance No. 04 -51, as
amended, and other applicable County or City rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
shall be considered to be customers of the County or the City of Naples, as the
case may be, and shall be billed by the County or City in accordance with the
County's or City's established rates.
C. The development shall be subject to application for and conditions associated
with a water and sewer availability letter from the Collier County Public Works
Division, or from the City of Naples Utilities Department, whichever is
applicable, in accordance with applicable franchise services boundaries.
D. The develepeF 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
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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 develepe 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 of pr-edevelopment pollutant leading and p
development - pellutant - leading - in general aeser-danee —with the e ua. )ef
development plans or- eenstf:uetiea plan appr-evals.
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 develepe 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 SeptembeF
23, 20 October _14, 2003 (as amended March 27, 2007, April 22, 2008, and
October 27, 2009) Companion Agreement by and between Collier
Land Development, Inc., Collier Development Corporation and Collier County
regarding the Lely Area Surface Water Drainage Improvements in order to further
the Lely Area Stormwater Improvement Project (LASIP). To further clarify, , the
applicant's responsibilities are as follows:
8 -3
Words underlined are additions; words StFUGk thmugh are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
1) Hamilton Avenue (f.k.a. Fern Street) — the applicant will make provisions
in the land plan design to continue to allow the current positive outfall,
and provide physical maintenance, through the natural flowway portions
of the outfall within applicant's property. Collier County will be
responsible to provide all on -going physical maintenance of the
conveyance within the Hamilton Avenue (f.k.a. Fern Street) right -of -way.
2) Avalon Outfall Canal System — the applicant will make provision in the
land plan design to continue to allow the current positive outfall of this
canal by relocating the canal to the westerly property line in that area (as
shown on the MPUD Master Plan), construct a uniform canal section, and
place it in an 87 -foot wide drainage easement, to be purchased by Collier
County, which is consistent with previous PUD and ERP approvals.
Collier County will be responsible to provide all on -going physical
maintenance of the conveyance and easement. Owners agree to provide
legal access to Collier County for the purposes of providing said
maintenance.
8.7 ENVIRONMENTAL
A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge of the jurisdictional wetland boundary in all places and
averaging twenty -five (25) feet from the edge of the jurisdictional wetland
boundary. Where natural buffers are not possible, structural buffers shall be
provided in accordance with the State of Florida Environmental Resources Permit
Rules.
C. All -- eensen,atien- - areas � shall be pl eed under- ier
e�C- eii�°ccvurcvr�easements =:iicn
D B. This PUD shall comply with the guidelines of the United States Fish and Wildlife
Service USFWS) and Florida Fish and Wildlife Conservation Commission
(FFWCC), and as applicable, Collier County regulations, for impacts to protected
species. Alith fespeet te the Bald Eagle Management Pkffi-, l=Restrictions within
bald eagle nest preteetien buffer zones buffe shall be in accordance with the
U-SF -WS Seuth Fieiida— Multi - Speeies— Reeeie,_ Plan, May 1999 and 14abirat
Management Guidelines €eF the Bald Eagle -ice- the - Seutheas Region, r Sl~Svc
1987, exeept to the degree that the site speeifie bald eagle management pl—an.
Multi Speeies Reeevery Plan, May 1999 and Habitat Management Guidelines
the Bald Eagle in the — Setrtheast —Re t rSFIA'S 1987 State and Federal
8 -4
Words underlined are additions; words stFUsk thmugh are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
Management guidelines and. Upon r° «t ,.f technical assistanee f „«. the 1 r �
Fish p, Wildlife f S (1 TC'F IS) and the 1~1,,,.id Fish d Wildlife Gef ....t' .«
Commissie A C) all proposed —i evei be r-equif- °ate —be
r-emeved ffem the Bald Eagle Pr- }.,,.,. -, ,.rest Pr-et °,.tier Z„«°. may require
technical assistance from the USFWS and FFWCC. The listed species
documented on the property include American alligator, _ gopher tortoise, little
blue heron, snowy egret, tri- colored heron, white ibis, bald eagle, wood stork,
Florida panther, and Florida black bear. A Habitat Management Plan for listed
species shall be submitted to Environmental Services Staff for review and
approval prior to SDP approval.
NINE
8 -5
Words underlined are additions; words s#FUsk thFGuo are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
WaIrYMEMETWU
No
IN
NINE
8 -5
Words underlined are additions; words s#FUsk thFGuo are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
SIC. In accordance with requests from Rookery Bay National Estuarine Research
Reserve ( RBNERR) and tl,e Conse,.,.aney of Southwest Florida (Gense.n.ane)g
the - Develepe - Owners agrees to the following:
1.
program, iie , eue a l e .n a ei4s of said n;te frog to be sha «ed
, ,.ih ;11 ld
with RBNERR. The Collier County Lely Area Stormwater Improvement
Project LASIP) Permit requires water quality monitoring, for some period
of time, at the furthest downstream portion of the Lely Canal. During
January, 2011, the Owners provided RBNERR a copy of the most recent
water quality report for the test locations within the Sabal Bay MPUD.
For so long as the LASIP Permit requires water quality monitoring, the
Owners will provide a copy of the annual water quality monitoring report
to RBNERR. Additional reports may be obtained from SFWMD upon
request.
2. The developer Owners shall include a provision in the conservation
easement requiring notification to RBNERR and the Censen,aney in
advance of any changes to the conditions of, and or dedication language
set forth in the project's conservation easement. The RBNERR and
C- ensen,aney will be allowed to participate in the discussions of any
proposed changes.
3 The developer- shall allow, the Conseryaneu to and a nt o., tl,e
.� . ri c�.�c e e e
d raft master- deela..at;on dee,,,,,,ent ne.dain ;ng to n s that , .;11
address language to p eteet and sustain the a ntal .ntegr -it,, of the
3.4. in order- te tiei - ;Iffivifenfnental impaets to alit., „thin
tThe developer Owners shall do the following. eendueting pr-e
development watef quality testing by an independent labefatefy; testing ef
sediments a4 the f; i4hest de ,nat..eam nte..., wa4e. ,.tf;,lls fee- pollutant
leading prior- to soil distur-banee for- a nst f et;en of these tf ll leeations
quality; te assess existing sediment utilizeiffg water management Best
Management Practices (BMP's) during construction to minimize adverse
impacts on water quality during development; eendue ieg providing post
development water quality monitoring and reporting as set forth in
Paragraph VAX. above;. Additionally, the Owners will seek to and-,
increaseil3g 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 developeF Owners shall erect signage at
various locations along the RBNERR boundary, making residents and
guests aware of the location and natural resource importance of the
estuarine ecosystem and its management. The developer- shall inelude
watef management -- Best —Management Pr"aetiees (BN4P's) frem the
8 -6
Words underlined are additions; words stFUGk thmu t are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
pfeposedSeuthwest Flefrda Basin BN4P 1ti4-1 ' fule, with the soloed.. ef
BN4Ps based on fninimufn of two (2) ffem Gfoup A, two (2) ffem Group
B, and one `hem Gfoup -Gas aE of 8F`I N4P E".- The developer
will include in the design of the backbone surface water management
system, four additional Best Management Practices (BMP's) which
includes: 1) extended hydraulic residence time due to increased lake
acreage; 2) existing and created wetland areas, incorporated into a
treatment train concept, upstream of final discharge; 3) planted filter
marshes, incorporated into a treatment train concept, upstream of wetland
treatment areas; 4) increased flow path between inflow and outflow
through both the planted filter marshes and the wetland treatment areas.
These BMP's will be incorporated downstream of the lake system and
prior to final discharge from the system, to provide additional
"treatment "or "polishing." Such design will be made part of the
development's surface water management plans, to be reviewed and
permitted by SFWMD as a part of the ERP application.
4.5` The developer. 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.
5.6-. 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 str---sk t#fe,--o are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
.. .
8 -7
Words underlined are additions; words str---sk t#fe,--o are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
•
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> dfiveways, alleys, pathways, sidewalks and iatefeeFmeetiefis4e
adjacent de el ents shell be e t d ,1 t e,d b r'ti t d 1.
Vlw vial uv 1 V1Vtll 1V11LJ J11LL11 VV VFJ{yI iii`R�T1I�[ -ZI IL�iIIILL. iIi( GSi- P�- �QiI- �iTZCITTriiV- CC[Ci�Tlr
the developer- and Collier- Ceuntf., shall have « r-espensibility for- r f
any el, F e:l:r:es
K. rf :,, the sele -opinion of Collier- Gewity, a - a #:e signal, other- t«ef4:e r l ee
d2i'iEe; @i ient mmiEi 5w;zthiin a p blie right o=f-w[ray or-
8-8
Words underlined are additions; words stFUsk thFouO are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
befne by the develepef.
A. 1✓. The development shall abide by Section 6.02.99 02 of the LDC in regards to
Transportation Demand Management (TDM) strategies required for a project that is leeated
within affects a Transportation Concurrency Exemption Area (TCEA).
B. The Owners, their successors or assigns, agree that the southwest connection to US -41 across
from St. Andrews Boulevard will be at the sole discretion of FDOT and shall align with the
existing St. Andrews Boulevard. Upon connection to this signalized intersection the
Owners, their successors, or assigns shall assume sole financial responsibility for intersection
improvements relating to the use of this intersection by this development. This shall include
but not be limited to, the following:
i. Any increase in the storage capacity of the northwest -bound left turn lane(s) approaching
the signal constructed at the time of connection.
ii. Design, purchase, and installation of any physical intersection improvements including a
mast arm, signal head(s), pedestrian signal heads, and any signal controller(s) that are
necessary to accommodate this developments connection to the signal.
iii. County or FDOT's cost(s) for setup and modification of intersection controls including a
mast arm, signal head(s), pedestrian signal heads, and any related signal timing changes
that are necessary to accommodate each phase of this development. The Owners, their
successors, or assigns agree to reimburse the FDOT or the agency maintaining the traffic
signal within 90 days of the agency's request.
iv. Correction of any non -ADA compliant features within the Public Right -of -Way at all
four quadrants of this intersection to become compliant with the then - current Americans
with Disabilities Act requirements."
C. The Owners, their successors or assigns, agree that at the St. Andrews Boulevard access, they
will maintain a throat distance of at least 200 feet as measured from the edge of pavement of
U.S. 41 to the closest point of any gate or gatehouse.
D. The Owners, their successors or assigns, agree that the project's main residential access on
U.S. 41 may be a signalized intersection if approved by FDOT. The Owners, their
successors or assigns shall assume sole financial responsibility for intersection improvements
relating to the use of this intersection by this development. This shall include but not be
limited to, the following:
i. Design, purchase, and installation of intersection improvements including mast arms)
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 siFUsk thFaugh are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
8.9 ADDITIONAL COMMITMENTS
A. Prior to the issuance of the 400`t' certificate of occupancy for a single family
home, Tthe developer- Owners, their successors or assigns shall provide a
minimum of one playground, for use by residents and their guests, meeting
ASTM design guidelines.
B. The 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 adjacent to the lake.
8 -10
Words underlined are additions; words siFUGk thFewg# are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
NO
M,WXY. P.M
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8 -10
Words underlined are additions; words siFUGk thFewg# are deletions.
Sabal Bay MPUD Amendment — PUDA- PL2011 -047 — 03/13/12
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 SEC11ON 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
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LATE MAY Z0. .ZO /! cNECKED 81 ✓ "N ENCLISf/
PROJECT NUMBER
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DATF I INDEX NUMBER
MAY 2011 0o -r0e6
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PROJECT NUMBER
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DATF I INDEX NUMBER
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LAND USE SUMMARY
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ACREAGE
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P /RBNERR
7602
LELY MAIN CANAL EASEMENT
522
IELT INNNOR fi1/AAl EASEMENT
112
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RECREATION/NLLAGE CENTER
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ACCESS POINT WITH ROADWAY
(TO AND FROM)
®
PURA WATER SUPPLY WELL (RESERVED
FOR EASEMENT TO COLLIER COUNM)
]INTERNAL ROADWAYS
(CONCEPTUAL IN IMTURE, ENACT ROUTE AND WIDTH
SUBJECT TO CHANCE AT TIME OF SDP OR PUT)
(1) NOTE INTERNAL ACCESS POINTS ARE SHOWN FOR GRAPHICAL PURPOS',
MO ARE SUBJECT TO
W SOP APPROVA, .
CIMNGE FINAL LOCATIONS WILL BE PROVIDED AT O
CDC LAND INVESTMENTS, INC. AND wr inn
a ...� COLLIER LAND DEVELOPMENT INC
uAWNA -. Ar6ytr,66w.A6a.la — MPUD MASTER PLAN
SABAL BAY MPUD
Exhibit A
Page _AZ_ of I
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Page, — Of
SABAL BAY MPUD
NOTES
I. W(ES. BASIN LINES. CONTROL STRUCTURES. CULVERTS, AND '..
SWALES LOCATIONS SHOWN ARE APPROXIMATE AND SUBJECT
TO ADJUSTMENT DURING TIME SDP OR PPL PROCESS.
2. RIGHTS -OF- . BRIDGES. AND INTERSECTIONS ME
APPROX XMTE MD SUBJECT TO ADJUSTMENT DURING THE SOP
OR PPL PROCESS.
J. SIDE SLOPES (2:1. 3;1. 4:1, ETC), VERTICAL TREATMENT
(EARTH, RIP -RAP, RETAINING WALL). AND GROUND COVER
(GRASS, MULCH. ETC.) AS SHOWN IN CROSS - SECTIONS ARE
CONCEPTUAL AND SUBJECT TO ADJUSTMENT WRING THE SOP
OR Mn PROCESS.
A_ NMDSCAPE MATERIALS (ASPHALT, CONCRETE, PAVER BRICK,
ETC) AS SHOWN ME CONCEPTUAL AND SUBJECT TO
ADJUSTMENT DURING THE SDP OR PPL PROCESS.
LEGEND
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Exhibit A
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LAND INVESTMENTS, INC. AND w. mll
JER LAND DEVELOPMENT. INC. CROSS SECTIONS
SABAL BAY MPUD .2. M---- s __ MEN=-
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Exhibit A
Page 4 ol-jj-
LAND INVESTMENTS, INC. AND w. mll
JER LAND DEVELOPMENT. INC. CROSS SECTIONS
SABAL BAY MPUD .2. M---- s __ MEN=-
ALL OF SECTION 25 AND PART OF SECTIONS 23, 24, 26 AND 36, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, AND PART OF SECTION 19 TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
(Containing 2,416.49 Acres t)
Sabal Bay P.U.D. Boundary
All of Section 25 and part of Sections 23, 24, 26 and 36, Township 50 South, Range 25 East, and part of
Section 19 Township 50 South, Range 26 East, Collier County, Florida and being more particularly
described as follows;
Beginning at the Northeast Corner of Section 25, Township 50 South, Range 25 East, Collier County,
Florida;
Thence along the East Line of Said Section 25 South 00 °22'18" West 2,687.69 feet;
Thence continue along the east line of said Section 25 South 00 °20'37" West 2,685.56 feet to the
Southeast Corner of said Section 25;
Thence along the East line of Section 36 South 00 °19'56" West 1,518.00 feet;
Thence North 87 °28'51" West 5,326.38 feet;
Thence North 00 °14'25" East 1,254.17 feet to the North West Corner of Said Section 36;
Thence along the south line of Section 26 South 89 °32'22" West 2,696.15 feet;
Thence continue along the South line of Said Section South 89 029'09" 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 Comer of Said Section 26;
Thence along the West Line of Section 23 North 00 °06'08" West 1345.66 feet;
Thence continue along the West line of Said Section 23 North 00 °07'16" West 693.72 feet;
Thence North 89 °29'07" East 469.67 feet;
Thence North 00 °04'49" West 453,06 feet;
Thence North 89 °30'33" East 916.44 feet;
Thence North 00 031'29" West 567.34 feet;
Thence North 89 027'53" East 300.00 feet;
Thence South 00 °32'07" East 60.00 feet;
Thence North 89 028'59" 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 Comer of Lot
70, of said Naples Groves and Truck Co's Little Farms No 2;
Thence along the North line of Said Lot 70 North 89 °27'07" East 1,322.10 feet to the North East Corner of
Said Lot 70;
Thence along the East line of Said Lot 70 and Lot 71 of said Plat South 00 04314" 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 comer
of said Lot 71;
Thence along the West line of Said Plat South 00 042'15" East 1,347.80 feet;
Thence continue along said West line South 00 °20'27" West 1,344.53 feet to the Southwest comer of Lot
79 of said plat;
Exhibit B
Page, of-OL
Thence along the South line of Said Lot 79 North 89 °31'43" East 1,346.87 feet to the fractional corner of
said Section 26 being the Northwest corner of the Northwest Quarter of the Southeast Quarter of the
Northeast Quarter of Said Section 26;
Thence along said fractional line South 00 °19'29" West 671.99 feet to the Southwest corner of said
fractional quarter;
Thence along the south line of said fractional Quarter North 89 °31'42" East 673.39 feet to the Northwest
corner of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2;
Thence along the west line of said Lot 81 South 00 °12'23" West 672.16 feet to the Southwest corner of
said Lot 81;
Thence along the south line of said Lot North 89 031'43" East 672.16 feet to the East line of Said Lot and
the East line of said Section 26;
Thence along the East line of said Section 26 North 00 °19'29" East 2,688.11 feet to the Northeast corner
of said Section 26;
Thence along the East line of said Section 23 North 00 °42'49" West 1,351.04 feet to the southeast corner
of Lot 91 of said Naples Groves and Truck Co's Little Farms No 2.
Thence along the South line of said Lot 91 South 89 °27'26" West 1,320.61 feet;
Thence along the west line of Said Lot 91 North 00 °47'37" West 337.27 feet;
Thence along the North line of said Lot 91 North 89 030'57" East 1,320.45 feet to the east line of said
Section 23;
Thence along the East line of Said Section North 00 °44'44" West 1,011.86 feet;
Thence Continue along said East line North 00 °34'32" West 752.45 feet to the Southwest corner of that
land described in Official Record Book 1027, page 678, Public Records of Collier County, Florida;
Thence along the South line of said Land North 89 °31'59" East 1,289.77 feet;
Thence along the East line of said Land North 00 °42'37" West 1,890.79 feet to the south Right of Way
Line of Thomasson Drive (100 Right Of Way);
Thence along said Right of Way Line North 89 °35'12" East 1399.52 feet;
Thence continue along said Right of Way line North 89 °35'12" East 2855.89 feet to an intersection with
the westerly Right of Way line of US 41 (Tamiami Trail) (State Road No. 90);
Thence along said Right of Way of US41 of South 39 003'59" 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 88 013'29" West 1,636.98 feet;
Thence continue along said South line South 88 °23'16" West 2,491.52 feet to the POINT OF
BEGINNING.
Less and excepting there from the waters of Tide Creek located on the west line of Section 23.
Subject to easements and restrictions of record.
Containing 2,416.49 acres more or less.
Bearings are based on the North Line of Section 19 being North 89 °42'24 "East - Florida State Plane -
East Zone 83 -90 Adjustment
Not valid unless embossed with the Professionals Seal
REF.
W.O.: N0229- 200 -502
Date: 11 -11 -11
Exhibit 8
Page _ of
11 -11 -11 - 202693- V": 1 -GLAND
N0229- 200 -502 - - 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
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 5.03.0213 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 staffs 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 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
List of Deviations — 1/19/12
Words underlined are additions; words strUsk thMug-h 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
T-FaRsperkatiea Growth Management Staff and the deve)epe 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 and /or CDD 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.) which requires that rip -rap
treatment for those areas that have a slope no steeper than 2:1 but steeper than 3:1
be limited to 30 inches in height and be limited to 200 square feet sections or solely
used in rapid flow water management areas. Specifically, this deviation requests to allow
rip -rap treatment along the backslope of certain roadway crossings adjoining preserves
on one side or more in order to minimize impacts to potential wetland and upland
Preserves, as well as allow the use of rip -rap stabilization for elevations up to a height of
36 inches. Approval of this deviation will allow the owners to minimize impacts to
Potential wetland and upland preserve areas by minimizing the development footprint
subsequently reducing the total amount of wetland impacts required to develop the
subiect Proiect. 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
Pa
List of Deviations — 1/19/12
Words underlined are additions; words StFUGk thFough are deletions.
communities, nursing homes and dwelling that are part of an aging -in -place living
environment. Market studies on the desires of people moving into these types of
facilities have shown that a larger unit is often desired In order to offer a competitive
product that is marketable to an aging sector, the applicant requests a maximum floor
area ration of 0.60 which is similar to other approved continuing care retirement
communities in this area.
Deviation 14 seeks relief from LDC Sections 5.06.02 and 5 06 04 to allow entrance
signs up to 120 square feet This previously approved deviation is requested to add the
entrance signs to be located on Hamilton Avenue as previously approved for the
entrances on U.S. 41, Thomasson Drive, and Bayshore Drive
Deviation 15 seeks relief from LDC Section 5.03.02 to allow fences or walls separating
commercial uses from residential areas to be permitted at a height of up to eight feet (8')
on top of a berm of up to four feet (4') in height. This is needed since much of the land
within the MPUD is low -lying and given that appropriate buffering is needed between
different land uses. This deviation will benefit the public welfare by allowing for
enhanced buffering.
List of Deviations — 1/19/12
Words underlined are additions; words stFusk thFsugh are deletions.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2012 -12
Which was adopted by the Board of County Commissioners
on the 13th day of March, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of March, 2012.
DWIGHT E. BROCK
Clerk of Courts ,and::C`1 tk
Ex- officio to
County Commissjoi' &'rs -�
By: Ann Jennejohn,
Deputy Clerk