HEX Final Decision 2021-01Page 1 of 4
HEX NO. 2021-01
HEARING EXAMINER DECISION
DATE OF HEARING.
December 1 , 2020
PETITION.
PETITION NO. PDI-PL20190000959 – St. George Group, Corp. requests an insubstantial
change to Ordinance Number 05-53, the Santa Barbara Landings RPUD, to modify
Condition 2.12.B and the PUD master plan to require the wall along Tract B only, to modify
Condition 2.14.A.3 to require interconnection of the internal sidewalk concurrent with the
road interconnection from Tract B to Tract A consistent with LDC Section 6.06.02.B, and
revisions to PUD Monitoring, Environmental and Housing conditions so that current Land
Development Code standards and policies apply, for Tract B of the PUD property consisting
of 6.7 ± acres, located on the east side of Santa Barbara Blvd, approximately 2,300 feet south
of Radio Road, in Section 4, Township 50 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petition seeks to modify the wall, sidewalk, and environmental/housing monitoring conditions
pertaining to the unimproved tract of a two-tract PUD.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petition.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with Collier
County Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in-person.
5. The Petitioner and/or Petitioner’s representative presented the Petition, followed by County
staff and then public comment.
Page 2 of 4
ANALYSIS.
The PUD has two-tracts, Tract A and Tract B. Although part of the same PUD, the two tracts have
separate owners. Tract A, significantly larger than Tract B, is built out, and on or about 2006
became a condominium community, managed by a condominium association, which is not the
original developer. Tract B, the small tract, is undeveloped and unaffiliated with the Tract A
condominium association. The owner of Tract B is requesting insubstantial changes to the PUD
as to Tract B. The Tract A association submitted written and in-person objections to the County
planning staff and at the public hearing. In fact, the association president testified at the hearing
via internet/phone, and the association’s lawyer presented the association’s legal position at the
hearing. The gist of these objections pertains to the status of the application and applicant, whether
the application can be decided by the Hearing Examiner (jurisdiction), and the application’s impact
on Tract A.
It is not uncommon or illegal for a PUD to have multiple tracts and multiple owners. Nothing in
the County codes precludes an owner of part of a PUD to file an application for an insubstantial
change, nor does any County code preclude the Hearing Examiner to decide on the application,
once County planning staff has determined that the application is complete. Based on a review of
the record including the Petition, application, exhibits, the County’s staff report, and hearing
comments and testimony from the Petitioner and/or the Petitioner’s representative(s), County staff
and from the public, the Hearing Examiner finds that there is sufficient competent, substantial
evidence showing the application is complete and properly before the Hearing Examiner, and that
the requested insubstantial changes to the PUD are only applicable to Tract B, as requested by the
applicant and representatives of Tract A.
Regarding the substantive requests of the Petition, first, it is appropriate to reflect changes
pertaining to names of owners and location of owners’ offices for Tract A and B. This is
ministerial. Therefore, this information is changed where appropriate in the attached revised PUD
and master plan.
Second, the PUD at section 2.12.B requires an 8-foot “precast wall” along the eastern boundary of
the PUD “concurrent with development of the residential units in tract B.” Striking this phrase
only changes the timing for construction of the wall, not whether the wall is required. The wall
will remain a requirement for both Tracts A and B.
Third, section 2.14.A.3 of the current PUD requires a sidewalk connecting Tract B with Tract A
“pool/club area.” As stated above, Tract A is now a condominium community managed by its
association separate from Tract B, so disconnecting future development on Tract B to Tract A’s
pool/club area is an appropriate insubstantial change. The sidewalk interconnection is more
appropriate with the connecting roadways and adjacent school as shown on the master plan. These
sidewalk insubstantial changes are in keeping with the PUD and changes that have occurred since
the original PUD approval.
Fourth, section 5.4.A and B merely refer to the schedule of development section of Chapter 10 of
the County’s land development code. Since this is a requirement without it being expressed in the
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PUD, this insubstantial change striking the language from the PUD does not change the applicant’s
responsibility to adhere to the land development code. Chapter 10 of the land development code
requires PUD monitoring, and the new proposed insubstantial language change clarifies the
monitoring responsibility relative to the new ownership and management of Tracts A and B
respectively.
Fifth, section 5.8 lists traffic conditions for the PUD but does not have a condition addressing
temporary ingress and egress during construction of Tract B. The added language protects the
health, safety and quit enjoyment of residents in Tract A.
Sixth, section 5.10 of the PUD largely reiterates the environmental requirements in the County’s
land development code, and it is therefore appropriate to delete these, except the section stipulating
the minimum acreage of “on-site native vegetation.” Because the minimum acres (3 acres) would
not be part of the land development code, it is appropriate to retain this language.
Seventh, 5.11 of the PUD was drafted with the intent to address the affordability of housing in the
county. As noted above, Tract A is built out and is now a condominium association community.
Also, how the county addresses housing affordability is different today than it was when the PUD
was approved. The changes to this section are logical and appropriate to align with current
practice.
Therefore, based on a review of the record including the Petition, application, exhibits, the
County’s staff report, and hearing comments and testimony from the Petitioner and/or the
Petitioner’s representative(s), County staff and from the public, the Hearing Examiner finds that
there is sufficient competent, substantial evidence as applied to the criteria set forth in Sections
10.02.13.E.1 and 10.02.13.E.2. of the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number PDI-PL20190000959, filed by Laura
DeJohn, AICP of Johnson Engineering representing Armando Bucelo, Jr. of St. George Group,
Corp., with respect to the property described as 6.7 ± acres, located on the east side of Santa
Barbara Blvd, approximately 2,300 feet south of Radio Road, in Section 4, Township 50 South,
Range 26 East, Collier County, Florida in the Santa Barbara Landings RPUD, Ordinance No.05-
33, for the following:
• An insubstantial change to Ordinance Number 05-53, the Santa Barbara Landings RPUD,
to modify the text of the RPUD and master plan, more fully detailed in the attached Exhibits
A and B and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A – Revised Santa Barbara Landings PUD Document
Exhibit B – Master Plan Revisions
LEGAL DESCRIPTION.
See Ordinance No. 05-33, 6.7 ± acres, located on the east side of Santa Barbara Blvd,
approximately 2,300 feet south of Radio Road, in Section 4, Township 50 South, Range 26 East,
Collier County, Florida in the Santa Barbara Landings RPUD.
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
The Hearing Examiner retains jurisdictions to correct scrivener errors.
DISCLAIMER.
Pursuant to Section 125.022(5)F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
ire
January 7, 2021
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 4 of 4
EXHIBIT “A”
SANTA BARBARA LANDINGS
RESIDENTIAL PLANNED UNIT DEVELOPMENT
41.6± Acres Located in Section 04, Township 50 S, Range 26 E
Collier County, Florida
PREPARED FOR:
Santa Barbara Garden Villas, LLC
1401 Ponce de Leon Boulevard, Suite 401
Coral Gables, Florida 33134
And
St. George Group, Corporation
1401 Ponce de Leon Boulevard, Suite 40I
Coral Gables, Florida 33134
6303 Blue Lagoon Drive Suite 390
Miami, FL 33126
PREPARED BY:
Richard D. Yovanovich, Esq.
Goodlette, Coleman & Johnson
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
And
D. Wayne Arnold, AICP
Q. Grady Minor & Associates
3800 Via del Rey
Bonita Springs, FL 34134
Insubstantial Change for St. George Group, Corp by:
Johnson Engineering, Inc.
2350 Stanford Court
Naples, FL 34112
DATE FILED
DATE APPROVED BY CPCC
DATE APPROVED BY BCC 10-11-2005
ORDINANCE NUMBER 2005-53
INSUBSTANTIAL CHANGE: _____________
EXHIBIT "A"
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLE i
STATEMENT OF COMPLIANCE ii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL
DESCRIPTION I-1
SECTION II PROJECT DEVELOPMENT REQUIREMENTS II-1
SECTION III RESIDENTIAL "R" DEVELOPMENT AREA III-1
SECTION IV PRESERVE "P" AREA IV-1
SECTION V DEVELOPMENT COMMITMENTS V-1
LIST OF EXHIBITS AND TABLES
EXHIBIT A CONCEPTUAL MASTER PLAN
EXHIBIT B SURFACE WATER MANAGEMENT PLAN
EXHIBIT C LOCATION MAP
EXHIBIT D BOUNDARY SURVEY
TABLE I DEVELOPMENT STANDARDS III-3
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STATEMENT OF COMPLIANCE
Santa Barbara Garden Villas, LLC and St. George Group, Corporation intends to create a This
Residential Planned Unit Development is on approximately 41.6± acres of land located in Section
04., Township 50 S, Range 26 E, Collier County, Florida. Approximately 6.3 acres of the property
is encumbered with a 100' wide roadway easement for Santa Barbara Boulevard, making the net
site approximately 35.3 acres. The name of the Residential Planned Unit Development (RPUD)
shall be Santa Barbara Landings RPUD. The development of the Santa Barbara Landings RPUD
will be in compliance with the planning goals and objectives of Collier County as established in
the Growth Management Plan. The development will be consistent with the policies of the land
development regulations adopted under the Growth Management Plan and applicable regulations
for the following reasons:
1. The subject property is located within the Urban Mixed Use District, Urban Residential
Sub-District, as identified on the Future Land Use Map.
2. The density provided for in the Santa Barbara Landings RPUD complies with the Density
Rating System contained in the Future Land Use Element of the Growth Management
Plan. The subject property is located within the residential density band, which extends
from the Mixed-use activity center located at the intersection of Santa Barbara Boulevard
and Davis Boulevard. The density permissible is 4 dwelling units per acre. Up to 3
dwelling units per acre may be added within the density band, bringing the permissible
base density to 7 dwelling units per acre.
Base density
Density band
Maximum permitted density
Requested density
4.0 du/acre
+ 3.0du/acre
= 7.0 du/acre
7.0 du/acre (291 units)
At the time of the rezoning application, 248 multiple-family dwellings exist on the site.
The subject rezoning will add a maximum of 43 additional dwelling units for a maximum
total of 291 dwelling units. All property within the RPUD boundary shall be utilized in
calculating the project density.
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element (FLUE).
4. Improvements are planned to be in compliance with the applicable land development
regulations as required in Objective 3 of the FLUE, except as may be modified in this
RPUD document
5. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance as required in Objective 2 of the FLUE.
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6. The design of Santa Barbara Landings RPUD protects the function of the existing
drainage features and natural groundwater aquifer recharge areas as required in Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
7. This project shall be subject to applicable Sections of the LDC at the time of development
order approval, except as otherwise provided herein.
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP
AND GENERAL DESCRIPTION
1.1 PURPOSE
Section I sets forth the location and ownership of the property, and describes the existing
conditions of the property proposed to be developed under the project name Santa
Barbara Landings RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 41.6 acres more or less, is described as:
The west half (W. ½) of the west half (W. ½) of the northwest quarter (N.W. ¼) of
Section 4, Township 50 South, Range 26 East, all being situated in Collier County,
Florida, less the north 50 feet thereof.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1.3 PROPERTY OWNERSHIP
The property is currently owned by:
TRACT A: unit owners of the Santa Barbara Garden Villas, LLC Landings Property
Owner’s Association Inc. and Granada Lakes Villas Condominium Association Inc.,
whose address is 145 Santa Clara Drive, Naples, FL 34104, and
TRACT B: St. George Group, Corporation, whose address is: 1401 Ponce de Leon
Boulevard, Suite 401 Coral Gables, Florida 33134 6303 Blue Lagoon Drive Suite 390,
Miami, FL 33126
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project is located in Section 04, Township 50, Range 26 and is generally
bordered on the north by Radio Road, on the east by Plantation PUD; on the south
by Bembridge PUD on the west by Santa Barbara Boulevard.
B. The zoning classification of the subject property at the time of RPUD application
is RMF-6.
C. According to FEMA/FIRM Map Panel Number 120067 415 D, dated June 3,
1986, the property is located within Zone X.
D. Soils on the site generally include Hallandale fine sand and Boca, Rivera,
Limestone Substratum and Copeland fine sand depressional.
E. Existing vegetation on the site consists of melaleuca, Brazilian Pepper, palmetto
prairie, pine flatwoood, cypress, Cabbage Palm and disturbed lands. Wetland
areas have been heavily impacted by melaleuca.
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F. According to the Collier County Drainage Atlas, the site is located in the Lely
Canal Basin. The conceptual water management plan is depicted in the Surface
Water Management Report, which accompanied the rezone application
submittal.
1.5 SHORT TITLE
This Ordinance is known and cited as the "Santa Barbara Landings Residential Planned
Unit Development Ordinance."
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
Section II delineates and generally describes the plan of development and identifies
relationships to applicable County ordinances, policies, and procedures.
2.2 GENERAL DESCRIPTION OF THE PROJECT
A. Santa Barbara Landings RPUD is a mixed-use residential project and will consist of
two development parcels and multiple preservation areas. Categories of land uses
include those for residential and preserve areas. The Residential areas are designed
to accommodate single-family attached, duplex and multiple family dwellings. The
overall project density is 7 dwelling units per acre and the maximum units permitted
in the RPUD shall be 291 units.
B. Exhibit "A" depicts the RPUD Master Plan. The RPUD Master Plan includes a table
that summarizes land use acreage. The location, size and configuration of individual
tracts shall be determined at the time of Preliminary and Final Subdivision Plat
approval.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Santa Barbara Landings RPUD shall be in
accordance with the contents of this document, Planned Unit Development District
and other applicable sections and parts of the Collier County Land Development
Code and Growth Management Plan in effect at the time of issuance of any
development order to which said regulations relate which authorize the construction
of improvements. Where these regulations fail to provide developmental standards
then the provisions of the most similar district in the Land Development Code shall
apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Land Development Code in effect at the time of building
permit application.
C. Unless modified, waived or excepted from this RPUD Document or associated
exhibits, the provisions of other sections of the land development codes, where
applicable, remain in full force and effect with respect to the development of the
land that comprises this RPUD.
D. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Chapter 6, Adequate Public Facilities,
of the Land Development Code.
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2.4 LAND USES
Land uses are generally depicted on the RPUD Master Plan, Exhibit A. The specific
location and size of individual tracts and the assignment of square footage or units shall
be determined by the developer at the time of site development plan approval, preliminary
subdivision plat approval, or final subdivision plat approval subject to the provisions of
Chapter 10 of the Collier County LDC.
2.5 USE OF RIGHTS-OF-WAY
The Developer may utilize land within the rights-of-way within the RPUD for
landscaping, decorative entranceways, and unified signage. This utilization is subject to
review and administrative approval during the development review process by the
Community Development and Environmental Services Administrator for engineering and
safety considerations.
2.6 MODEL HOMES SALES OFFICE AND CONSTRUCTION OFFICE
A. Construction offices and other uses and structures related to the promotion and
sale of real estate such as, but not limited to, pavilions, parking areas, and signs,
shall be permitted principal uses throughout the Santa Barbara Landings RPUD.
These uses shall be subject to the requirements of Chapter 5 and Chapter IO of
the LDC.
B. Model Homes may be permitted in multi-family and townhome buildings may be
utilized for wet or dry models, subject to the time frames specified in Chapter 5
of the LDC.
2.7 CHANGES AND AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER
PLAN
Changes and amendments may be made to this RPUD Ordinance or RPUD Master Plan
as provided in Chapter 10 of the LDC. Minor changes and refinements as described herein
may be made by the Developer in connection with any type of development or permit
application required by LDC.
2.8 OPEN SPACE REQUIREMENTS
A minimum of 30% of the project (12.48± acres) shall be devoted to usable open space.
2.9 NATIVE VEGETATION RETENTION REQUIREMENTS
A minimum of three (3) acres of native vegetation shall be maintained on the subject site
through a combination of preservation of existing native vegetation and revegetation of
native vegetation. The areas of retained native vegetation and replanted native vegetation
are shown as Preserve areas on the Conceptual Master Plan, Exhibit A.
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2.10 COMMON AREA MAINTENANCE
One or more Property Owner's Association (POA) will provide common area
maintenance. The POA, as applicable, shall be responsible for the operation,
maintenance, and management of the surface water and stormwater management systems
and preserves serving Santa Barbara Landings RPUD, in accordance with any applicable
permits from the South Florida Water Management District.
2.11 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 as set
forth in Chapter 2 of the LDC.
I. Individual Projects
a) Site Planning: Each distinct project within the RPUD will provide
an aesthetically appealing, identifiable path of entry for
pedestrians and vehicles. The orientation of buildings and
structures will be sensitive to adjacent land uses and the
surrounding community.
b) Landscaping: Where applicable, plantings along public rights-of
way will be complimentary to streetscape landscaping.
2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
A. Landscape buffers, berms, fences and walls are generally permitted as a principal
use throughout the RPUD, excluding preserves.
B. The maximum fence, wall or berm height internal to the RPUD shall be eight
(8) feet, not including those portions of walls incorporated into project
identification signs. The maximum fence height shall be measured relative to
the greater of the crown of the adjacent roadway or the adjacent minimum
finished floor, as applicable. The eight (8') foot high precast wall shown on
the conceptual master plan shall be constructed along the eastern boundary of
the PUD concurrent with development of the residential units in tract B.
C. Perimeter Buffers abutting rights-of-way shall be permitted to deviate from the
required 20' wide Type D buffer, to permit a Type D buffer an average of 20' in
width, with no part of the buffer being less than 15' in width. The minimum area
for the combined buffers along Radio Road and Santa Barbara Boulevard shall
be 66,129 square feet (1.52± acres).
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2.13 SIGNAGE
A. GENERAL
Signage shall be consistent with Section 5.06 of the LDC.
2.14 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS / DEVIATIONS
1. The Developer reserves the right to request substitutions to subdivision
improvement and utility design standards in accordance with Chapter 10 of the
LDC.
A. Chapter 6, Sidewalks, bike lanes and bike paths
1. Existing site constraints prohibit retrofitting of the site with sidewalks
meeting standards in Chapter 6 of the LDC.
2. A six (6) foot wide sidewalk shall be provided on only one (1) side of the
internal local or private roadway exceeding one thousand (1,000) feet in
length serving the project's additional 43 unit component.
3. An internal sidewalk connection from the southernmost development
tract (Tract B) to the existing pool/club area shall be provided at the time
of construction within Tract B. The developer of Tract B shall construct
a sidewalk interconnection concurrently with the road interconnection
from Tract B to Tract A. The developer of Tract B shall coordinate with
the School District of Collier County to construct a sidewalk
interconnection from Tract B to the adjacent school property at time of
Tract B development permitting.
4. The developer shall make payment-in-lieu of construction of the sidewalk
within Santa Barbara Boulevard, due to its programmed improvement in
the five-year work program.
B. Section 4.06.00, Landscaping, buffering and vegetation retention
1. Perimeter Buffers abutting rights-of-way shall be permitted to deviate
from the required 20' wide Type D buffer, to permit a Type D buffer an
average of 20' in width, with no part of the buffer being less than 15' in
width. The minimum area for the combined buffers along Radio Road and
Santa Barbara Boulevard shall be 66,129 square feet (1.52± acres).
C. Construction Standards Manual, Streets and access improvements
1. Construction Standards Manual, Street Right-of-Way Width
Street right-of-way width: The minimum right-of-way width to be
utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive
aisles serving multi-family tracts shall not be required to meet this
standard.
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2. Construction Standards Manual, Dead-end Streets
Cul-de-sacs may exceed a length of one thousand (1,000) feet.
3. Construction Standards Manual, Intersection Radii
Intersection radii: Street intersections shall be provided with a minimum
of a twenty five (25) foot radius (face of curb) for all internal project
streets and a thirty-five (35) foot radius for intersections at project
entrances.
2.15 GENERAL PERMITTED USES
A. Certain uses shall be considered general permitted uses throughout the Santa
Barbara Landings RPUD except in the Preserve Areas. General permitted uses
are those uses that generally serve the entire RPUD or distinct projects there
within.
B. General Permitted Uses:
1. Essential services as set forth under Chapter 2 of the LDC.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses.
6. 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.
7. Signage.
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SECTION III
RESIDENTIAL "R" DEVELOPMENT AREAS
3.1 PURPOSE
Section III establishes permitted uses and development regulations for areas within the
Santa Barbara Landings RPUD that are designated Residential "R" on the RPUD Master
Plan.
3.2 GENERAL DESCRIPTION
A. Areas designated as "R" on the RPUD Master Plan are designed to accommodate
multiple family residential types, recreational uses, essential services, and
customary accessory uses. Acreage is based on a conceptual design. Actual
acreage of the development and preserve areas shall be established at the time of
Site Development Plan or Preliminary Subdivision Plat approvals in accordance
with the Collier County Land Development Code. Areas designated as "R"
accommodate internal roadways, open space, parks and amenity areas, lakes and
water management facilities, and other similar facilities that are accessory or
customary to residential development.
B. Areas designated as "R" are intended to provide a maximum of 291 dwelling units.
3.3 PERMITTED USES AND STRUCTURES
A. Principal Uses and Structures
1. Single-family attached and detached.
2. Duplex and two-family.
3. Multiple-family.
4. Townhomes
B. Accessory Uses and Structures
1. Common indoor and outdoor recreational facilities.
2. Sales and leasing facilities.
3. Clubhouse, meeting rooms.
4. Uses and structures that are accessory and incidental to uses permitted in
this area.
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3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R"
Residential District.
B. Required Parking: Parking within the residential area shall be provided based on
the following standards:
1. Recreation Facilities - 2 per court, 1 per 600 square feet of building area, 1 per
200 square feet of pool water area. No additional parking shall be required for
outdoor playground facilities. Up to 10 parking spaces per recreational facility
may be directly loaded off a private roadway serving the recreational area.
2. Temporary Model Sales Facility - minimum 6 parking spaces per building.
Parking for models or temporary sales facilities shall be permitted to back
directly onto private roadways serving the units.
C. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within the Santa Barbara Landings RPUD, shall be in
accordance with the Land Development Code in effect at the time of Site
Development Plan approval. Unless otherwise indicated, required yards, heights,
and floor area standards apply to principal structures.
D. Development standards for uses not specifically set forth in Table I shall be
established during the Site Development Plan Approval as set forth in Chapter 4 of
the Land Development Code in accordance with those standards of the zoning
district which is most similar to the proposed use.
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TABLE I
SANTA BARBARA LANDINGS
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS
Permitted Uses and
Standards
Single
Family
Detached
Zero Lot
Line
Duplex, Single
Family
Attached and Townhouse5
Multi-Family
Dwellings 5
Minimum Lot Area 5,000 SF 4,000 SF NA NA
Minimum Lot Width 50' 40' NA NA
Minimum Lot Depth 100' 100' NA NA
Front Yard Setback1 20'/23' 20'/23 20'/23' 20'/23'
Side Yard Setback 6' 0' or 6' 0' or6' 15'
Rear Yard Setback2 15' 15' 15' 15'
Santa Barbara Blvd.
R-O-W Setback
20' 20'
20' 20'
Rear Yard Accessory
Setback2
10' 10' 10'
10'
Preserve Setback3
Accessory
Principal
10' 25'
10' 25'
10' 25'
10' 25'
Maximum Zoned Building
Height
2 Stories or 30' 2 Stories or 30' 2 Stories or 30' 2 Stories or 30'
Distance Between4 Detached
Principal Structures
12' 12' 12'
15'
Floor Area Min. (SF) 750 SF 750 SF 750 SF
750 SF
All distances are in feet unless otherwise noted.
1 Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line.
B. If the parcel is served by a private road or access easement, setback is measured from the back of curb (if curbed) or edge of pavement (if
not curbed). For multiple family buildings served by an unplatted driveway, no setback shall be required; however, adequate stacking shall
be provided to accommodate vehicular parking. For tract B, front entry garage setback shall be a minimum of 23' from private row or back
edge of sidewalk.
C. For structures with side or rear entry garages, the minimum front yard may be reduced to 12'.
2Rear yards for principal and accessory structures on lots and tracts which abut lake, or open space (non-preserve) may be reduced to O' feet; however, a
reduced building setback shall not reduce the width of any required landscape buffer, as may be applicable.
3 For purposes of this Section, accessory structures shall include but not be limited to attached screen enclosures and roofed lanais.
4 A minimum building separation of twelve (12) feet between detached structures. Detached garages may be separated by a minimum of ten (10) feet.
5Attached single-family and multi-family structures within Tract B shall not exceed 4 dwelling units per structure.
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SECTION IV
PRESERVE "P" AREAS
4.1 PURPOSE
Section IV establishes permitted uses and development regulations for areas within Santa
Barbara Landings RPUD that are designated as Preserve "P" on the RPUD Master Plan.
4.2 GENERAL DESCRIPTION
Areas designated as "P" on the RPUD Master Plan are designed to accommodate natural
systems existing or created as preserves and limited water management uses and
functions.
4.3 PERMITTED USES AND STRUCTURES
A. No building or structure, or part thereof, shall be erected, altered or used, or land
or water used, in whole or in part, subject to review and approval by local, state
& federal agencies as required, for other than the following:
B. Permitted Principal Uses and Structures
1. Boardwalks and nature trails (excluding impervious paved trails).
2. Water management facilities.
3. Any other preserve and related use which is comparable in nature with
the foregoing uses and which the Board of Zoning Appeals determines to
be compatible in the Preserve Area.
4.4 PROPERTY DEVELOPMENT REGULATIONS
A. Building setbacks shall be 20 feet from the RPUD boundary for any permitted
structure.
B. Maximum zoned height for any structure shall be 20'.
4.5 PRESERVE AREA ADJUSTMENTS
The proposed preserve areas depicted on the Santa Barbara Landings RPUD Master Plan
are intended to meet the native vegetation requirements of the Collier County Growth
Management Plan and the Collier County LDC. Adjustments may be made to the
location of the preservation areas at the time of preliminary plat or site development plan
approval based on jurisdictional agency permit requirements.
Approximately 6 acres of native vegetation exists on-site at the time of rezoning
application. Through retention of existing native vegetation and revegetation of open
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spaces on-site, the developer shall provide a minimum of 3 acres of on-site native
vegetation, which shall consist of a minimum of 1.5 acres of retained vegetation and 1.5
acres of replanted and enhanced native vegetation.
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SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development of this
project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans and all applicable State and local laws, codes, and regulations
applicable to this RPUD, in effect at the time of Final Plat, Final Site Development Plan
approval or building permit application as the case may be. Except where specifically
noted or stated otherwise, the standards and specifications of the official County Land
Development Code shall apply to this project even if the land within the RPUD is not to
be platted. The developer, his successor and assigns, shall be responsible for the
commitments outlined in this document.
These developer commitments will be enforced through provisions agreed to be included
in the declaration of covenants and restrictions or similar recorded instrument. Such
provisions must be enforceable by lot owners against the developer, it successors and
assigns, regardless of turnover or not to any property or homeowners' association.
The developer, his successor or assignee, shall follow the RPUD Master Plan and the
regulations of this RPUD as adopted and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition, any successor in title or assignee
is subject to the commitments within this Agreement.
5.3 RPUD MASTER PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or special land
use boundaries shall not be construed to be final and may be varied at any
subsequent approval phase such as Final Platting or Site Development Plan
approval. Subject to the provisions of Chapter 10 of the LDC, amendments may
be made from time to time.
5.4 SCHEDULE OF DEVELOPMENT/PUD MONITORING REPORT
A. The landowners shall proceed and be governed according to the time limits
pursuant to Chapter 10 of the LDC.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to
Chapter 10 of the LDC.
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A. 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 Insubstantial Change approval dated__________2020, the Managing
Entity for Tract B is St. George Group, Corp. 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 acknowledgement of the commitments required by the PUD
by the new owner and the new owner’s agreement to comply with the
Commitments through the Managing Entity, but the Managing Entity shall not
be relieved of its responsibility under this Section. When the PUD is closed-out,
then the Managing Entity is no longer responsible for the monitoring and
fulfillment of PUD commitments.
5.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at the time
final construction documents are submitted for development approval.
B. Design and construction of all improvements shall be subject to compliance with
appropriate provisions of the LDC.
5.6 SURFACE WATER MANAGEMENT
In accordance with the Rules of the South Florida Water Management District (SFWMD),
this project shall be designed for a storm event of 3-day duration and 25-year return
frequency.
A. The project will be permitted with the South Florida Water Management District
and copies of the applicable permits will be provided to Collier County prior to
issuance of applicable County permits.
B. Existing lakes already constructed as of the effective date of this regulation shall
be allowed to continue to exist in accordance with the cross sections shown on
Surface Water Management Plan, Exhibit "B". Any new lakes must meet the
requirements of the then current LDC.
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5.7 UTILITIES
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 97-17, as amended, and other applicable County rules and regulations.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time approvals are
requested.
C. Water and wastewater systems shall be constructed in accordance with State of
Florida Laws and Collier County's Codes and Ordinances.
D. All construction plans, technical specifications and hydraulic design reports are to
be reviewed and approved in writing by the Engineering Services Department of
the Community Development and Environmental Services Division prior to
commencement of construction
E. Upon completion of construction, all water and wastewater systems within the
project shall be tested and must meet minimum County standards and
requirements. The system(s), or a portion thereof, that is found to meet the
requirements set forth in item #5 below, may then be conveyed to the County for
ownership and maintenance.
F. If County's utility system does not have access readily available to serve a project
within the County's service area, extensions to the County infrastructure may be
required. All required extensions shall be the sole responsibility of the Developer,
fiscally and otherwise (time and schedule), unless such extension has been
previously defined in the County Water and/or Wastewater Master Plan. In such
case, the developer may negotiate an upsizing agreement with the County. If it is
determined by the County that neither of these two options are feasible, in interim
system may be considered.
G. Items on the following list shall be conveyed to the County for ownership and
maintenance upon approval from the Board of County Commissioners if they are
located within a County right-of-way or County Utility Easement (CUE), are in
compliance with the latest revision of the Collier County Utilities Standards and
Procedures Ordinance, and are connected to the County Water, Wastewater or
Reclaimed Systems:
1. Potable water lines 6" or larger, including water meters and backflow
devices that are not on fire lines.
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2. Gravity wastewater lines 8" or larger.
3. Wastewater lift stations that are located within a CUE.
4. Force mains 4" or larger.
5. CUE's that are determined to be necessary to access and maintain utility
systems and structures.
6. Non-potable irrigation water lines 6" or larger, including the water meter
and backflow devices.
For potable and reclaimed water distribution systems that will not be conveyed to
the County, a master meter shall be required. Such systems shall be owned and
maintained by the applicant, his successor or assigns, from the customer side of
the master meter and backflow device or the check valve at the property line or
County Utility Easement limit. School and park developments are included in the
list of types of developments whose internal systems the applicant or assigns shall
be responsible to own and maintain.
H. Private lift stations shall conform to the same specifications that apply to public
lift stations, unless a Deviation from the Ordinance has been granted in advance
and writing by the County Wastewater. The lift station Control Package shall
include an operable Telemetry Control System, as specified by County Standards.
I. The developer will pay all impact fees in accordance with the latest revision of
the Collier County Consolidated Impact Fee Ordinance, Code of Laws Section
74.303(d).
J. PUD's and DRI's shall have only one master pump station.
K. Lift station easement areas shall be designed to 30 feet by 30 feet, or twice the
wetwell depth by twice the wetwell depth, whichever is larger.
L. Pursuant to Ordinance No. 90-30, as amended, Code of Laws Chapter 118, solid
waste disposal shall be required in the form of bulk containers service (garbage
dumpsters and/or compactors) for all commercial and industrial establishments,
unless authorization for alternative means of disposal is approved by the Public
Utilities Division. Bulk container service shall be required to all multi-family
projects not receiving curbside pickup. Solid waste disposal shall be required in
the form of curbside pickup for all units on the annual Mandatory Trash
Collection and Disposal Special Assessment Roll's. All individual units within a
deed-restricted area must have an enclosed location other than the residential
structure, such as a carport or garage for the storage of individual solid waste
containers, or as otherwise permitted in Section 5.03.04 of the LDC.
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M. Pursuant to Ordinance No. 90-30, as amended, Code of Laws Chapter 118, all
provisions and facilities for solid waste collection and disposal shall conform to
all portions of Section 5.03.04 (Solid Waste Collection and Disposal) of the latest
edition of the LDC.
5.8 TRAFFIC
The development of this RPUD Master Plan shall be subject to and governed by the
following conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design
Standards, current edition, and the Manual On Uniform Traffic Control
Devices (MUTCD), current edition. All other improvements shall be consistent
with and as required by the Collier county Land Development code (LDC).
B. Arterial level street lighting shall be provided at all access points. Access lighting
must be in place prior to the issuance of the first Certificate of Occupancy (CO).
C. Site-related improvements necessary for safe ingress and egress to this project,
as determined by Collier County, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO.
D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-
13, as amended, Code of Laws Chapter 74 and Chapter 6 and Chapter 10 of the
LDC, as it may be amended.
E. All work within Collier County rights-of-way or public easements shall require a
Right-of-way Permit.
F. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as it may be amended,
and the LDC, as it may be amended. Collier County reserves the right to modify
or close any median opening existing at the time of approval of this RPUD which
is found to be adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
G. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither will the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, shall be the
basis for any future cause of action for damages against the County by the
developer, its successor in title, or assignee.
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H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by
the developer and Collier Country shall have no responsibility for maintenance of
any such facilities.
I. If any required turn lane improvement requires the use of existing County right-
of-way or easement, compensating right-of-way, shall be provided without cost to
Collier County as a consequence of such improvement.
J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be
borne by the developer and shall be paid to Collier County before the issuance of
the first CO.
K. Upon written request by Collier County the property owner shall dedicate, to
Collier County without compensation, an area of approximately 721± square feet
for road right-of-way purposes, as depicted on the RPUD Conceptual Master Plan.
L. A temporary construction access for all site work and vertical construction on Tract B
shall be located along Santa Barbara Boulevard, as shown on the PUD Master Plan and
subject to issuance of the appropriate right-of-way permit. Temporary construction
access shall be limited to one year from issuance of development permit (PPL or SDP).
To limit the access to construction activities only, signage is required to indicate
Construction Only, and barricades are required to block access during non-working
hours. Prior to final approval by the County, the temporary access shall be totally
removed, and right-of-way shall be restored.
5.9 PLANNING
Pursuant to Chapter 2 of the LDC, if during the course of site clearing, excavation or other
construction activity a historic or archaeological artifact is found, all development within
the minimum area necessary to protect the discovery shall be immediately stopped and
the Collier County Code Enforcement Department contacted.
5.10 ENVIRONMENTAL
A. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, shall be submitted to Environmental Services Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval for all
parcels included on that project. All category 1 invasive exotic plants as defined
by the Florida Exotic Pest Council shall be removed in Preserve areas, and annual
removal (in perpetuity) shall be the responsibility of the property owner.
A.B. A minimum of (3.0 acres) of the on-site native vegetation shall be retained or
revegetated, consistent with Chapter 3 of the LDC as conceptually shown as
preserve areas on the Exhibit "A", Conceptual RPUD Master Plan.
C. Setbacks from preserves shall be as required in the Santa Barbara Landings
RPUD, Table I.
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D. All preserve areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be so dedicated on all plats or
recorded as an easement for site plans pursuant to Section 704.06 of the Florida
Statutes, for plats and be dedicated to the project's homeowners' association
or like entity for ownership and maintenance responsibility, and to Collier
County with no responsibility for maintenance. All documentation necessary
to record conservation easements over the preserve areas shall be provided
prior to the next SDP approval for this RPUD.
E. This RPUD shall comply with the guidelines of the USFWS and FFWCC for
impacts to protected species. A habitat management plan for those species shall
be submitted to environmental review staff for review and approval prior to
site plan approval.
F. This RPUD shall be in compliance with the Growth Management Plan, and
LDC, except as may be modified herein, at the time of final development order
approval.
G. A Preserve Management Plan shall be provided to environmental staff for
approval prior to site/construction plan approval identifying methods to
address treatment of invasive exotic species, fire management and
maintenance. A SFWMD jurisdictional determination shall be shown on the
site development plan.
H. All approved agency permits shall be submitted prior to final site
plan/construction plan approval.
I. A replanting plan for the re-created preserve areas shall be provided at the
time of next development order submittal. Perimeter berms shall be located
outside of all upland/wetland preserves.
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5.11 HOUSING
A. The developer or successors and assigns shall pay the sum of $1,000.00 to Collier
County from the closing of each of the dwelling units constructed within Tract
"B" of the RPUD. The payment shall be made within seven (7) days of the closing
of the residential unit.
AB. The developer or successors and assigns shall require a minimum of fifty percent
(50%) of the dwelling units developed within Tract B of the RPUD to be initially
sold to individuals or families that use the dwelling unit as their primary residence.
The deed to the initial purchaser shall include a restriction that the initial purchaser
shall use the unit as their primary residence.
C. The developer or successors and assigns agrees to make available for sale a
minimum of fifty percent (50%) of the dwelling units at a sales price less than
$240,000.00.
BD. The developer or successors and assigns agrees to sell a minimum of ten percent
(10%) of the total number of dwelling units constructed within Tract B of the
RPUD to persons employed in Collier County and earning a family income
ranging between 100% and 125 that is up to 140% of the County's median income.
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EXHIBIT “B”
Tract B connection to School and construction access labelsINSUBSTANTIAL CHANGE 2/27/20SANTA CLARA DRIVETEMPORARY CONSTRUCTION ACCESS WITH RIGHT TURN LANEROAD & SIDEWALK INTERCONNECTIONROAD & SIDEWALK INTERCONNECTIONSIDEWALK INTERCONNECTION - Final design to be coordinated with School District and Calusa Park Elementary INSUBSTANTIAL CHANGE 5/6/20Calusa Park School sidewalk interconnectionAVERAAVERAAVERAAVERAAVERAGE GEGEGG20' 0''0'(min.(i(i((i 15') 5'5TYPE DINSUBSTANTIAL CHANGE 9/23/20Correction to buffer label per PUDINSUBSTANTIAL CHANGE 12/10/20Tract A wall label retained