Ordinance 2010-48
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~(:)"J, ~ . "''A ORDINANCE NO. 10- 48
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,~-~ .{," 'l..J RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS ~.~. '-7'.
~\~~'. ',. C IER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41-;:'':::, ("")
~~':*.",'.;t~.,. ~MENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE~X:, ~
~"~"""~~4,;i. ~ ICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS~<', '~
<9'<l9L9l'\7~~\.1; OR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, S:=:\ ::
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY r;U) f'.:?
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN ~~ 0
~ -1
DESCRIBED REAL PROPERTY FROM A MIXED USE PLANNED UNIT ~f''\
DEVELOPMENT ZONING DISTRICT (MPUD) TO AN MPUD ZONING
DISTRICT, FOR A PROJECT KNOWN AS SONOMA OAKS TO ALLOW
CONSTRUCTION OF A MAXIMUM OF 120,000 SQUARE FEET OF
COMMERCIAL DEVELOPMENT AND/OR SENIOR HOUSING UNITS
INCLUDING INDEPENDENT LIVING, ASSISTED LIVING AND SKILLED
NURSING UNITS AT AFAR OF .60 ON THE COMMERCIAL PORTION AND
A MAXIMUM OF 114 RESIDENTIAL DWELLING UNITS AND/OR A
MAXIMUM OF 456 SENIOR HOUSING UNITS INCLUDING INDEPENDENT
LIVING, ASSISTED LIVING AND SKILLED NURSING FACILITY UNITS
ON THE RESIDENTIAL PORTION, FOR PROPERTY LOCATED ON THE
WEST SIDE OF COLLIER BOULEVARD (CR 951) BETWEEN WOLFE
ROAD AND LOOP ROAD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5:!: ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 05-61, THE
FORMER SONOMA OAKS MPUD; AND BY PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, Margaret Perry of WilsonMilIer Inc. and Richard Y ovanovich, Esquire of Coleman,
Y ovanovich & Koester, P .A, representing Voila II LLC, petitioned the Board of County Commissioners
to change the zoning classification of the herein described real property;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 34, Township 48
South, Range 26 East, Collier County, Florida, is changed from a Mixed Use Planned Unit Development
(MPUD) to an MPUD Zoning District, for a project known as the Sonoma Oaks Mixed Use Planned
Development to allow construction of a maximum of 120,000 square feet of commercial development
and/or senior housing units including independent living, assisted living and skilled nursing units at a
FAR of .60 on the commercial portion and a maximum of 114 residential dwelling units and/or a
Sonoma Oaks MPUD, PUDA-2007-AR-11961
REV. 10/22/10
Page 1 of 2
maximum of 456 senior housing units including independent living, assisted living and skilled nursing
facility units on the residential portion in accordance with the MPUD Documents, attached hereto as
Exhibits A through F, all of which are incorporated herein and by reference made part hereof. The
appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 05-61, known as the Sonoma Oaks MPUD, adopted on November 15, 2005,
by the Board of County Commissioners of Collier County, is hereby repealed 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 ~y of ~c.e 01 b if ,2010,
A TIEST:
DWIGHT E, BROC~ tLERK
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BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'~'ct fA). C~
FRED W. COYLE, Chairman _.
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. ....tart r> ,ii:J,
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Approved as to f9mE:',,~:' .'
and legal sufficiency:
t LeU ()(u
Heidi Ashton-Cicko
Section Chief, Land Userrransportation
Exhibit A-I:
Exhibit A-2
Exhibit B-1:
Exhibit B-2:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
List of Allowable Uses (Residential)
List of Allowable Uses (Commercial)
Residential Development Standards
Commercial Development Standards
Master Plan
Legal Description
List of Requested Deviations
Development Commitments
Project History: Ordinance Number 05-61
CP\08-CPS-00863\53
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EXHIBIT A-1
RESIDENTIAL uR" SUBDISTRICT
LIST OF ALLOWABLE USES
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. Single-family and/or multi-family dwellings (maximum of 114),
2. Independent living facility (ILF) units for individuals over the age of 55,
assisted living facility (ALF) units, and skilled nursing facility units or a
continuing care retirement community ("CCRC") consisting of ILF, ALF and
skilled nursing units may be constructed. The maximum size of the ILF, ALF,
CCRC skilled nursing and similar facilities shall not exceed a floor area ratio
(FAR) of 0.6. For conversion purposes, four (4) ILF. ALF. or skilled nursing
units shall be equal to one (1) residential dwelling unit, for a maximum of 456
ILF, ALF, skilled nursing or CCRC.
3. Any other principal use which is comparable in nature with the foregoing list
of permitted principal uses, as determined by the Board of Zoning Appeals
("BZA") by the process outlined in the Land Development Code (LOC).
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1. Clubhouses'
2. Private garages
3. Swimming pools with, or without screened enclosures
4. Tennis courts
5. Tot lots
6. Playgrounds
7. Outdoor recreation facilities
8. Model homes, and other uses and structures related to the promotion and
sale and/or rental of real estate such as, but not limited to, pavilions, viewing
platforms, gazebos, parking areas, and signs subject to the requirements of
the LDC.
9. Essential services, including water and sewer lines, natural gas lines,
electrical transmission and distribution lines, sewage lift stations and water
pumping stations, essential service wells and wells permitted by the South
Florida Water Management District (SFWMD) or the Florida Department of
Environmental Services (FDEP)
10. Water management facilities and related structures'
11. Irrigation treatment and distribution facilities
12. Temporary sewage treatment facilities
13. Lakes, including lakes with bulkheads or other architectural or structural bank
treatments
14. Temporary construction, sales, and administrative offices for the developer
and developer's authorized contractors and consultants, including necessary
Revised October 21,2010
Sonoma Oaks MPUD
Page 1 of 15
EXHIBIT A-1
RESIDENTIAL uRn SUBDISTRICT
LIST OF ALLOWABLE USES
access ways, parking areas, and related uses. Temporary sales centers may
be serviced by temporary well and septic systems.
15. Landscape features including, but not limited to, landscape buffers, berms,
fences, and walls
16. Uses accessory to ILF, ALF, and/or skilled nursing facilities, such as, but not
limited to, on-site dining facilities, group transportation services and wellness
centers.
Development Standards:
Exhibit B-1 sets forth the development standards for land uses within the MPUD
Residential Subdistrict. Standards not specifically set forth herein shall be those
specified in applicable sections of the Growth Management Plan (GMP) and the LOC in
effect as of the date of the site development plan or subdivision plat approval.
A base density of four dwelling units per acre yields a gross density of 114 dwelling units
for the Sonoma Oaks MPUO.
Operational Characteristics:
The developer of ILF, ALF, CCRC and/or skilled nursing facilities, its successors or
assigns, shall provide the following services and/or be SUbject to the following
operational standards:
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
3. Group transportation services shall be provided for residents for the purposes of
grocery and other types of shopping. Individual transportation services shall be
coordinated for the residents' individualized needs including but not limited to
medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents with their
individual needs. The manager/coordinator shall also be responsible for arranging
trips to off-site events as well as planning for lectures, movies, music and other
entertainment for the residents at the on-site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness programs
shall be provided for the residents.
6. Each unit shall be equipped to notify emergency service providers in the event of a
medical or other emergency.
7. Each unit shall be designed to allow a resident to age-in-place. For example,
kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair
bound resident or bathrooms may be retrofitted to add grab bars.
Revised October 21, 2010
Sonoma Oaks MPUD
Page 2 of 15
EXHIBIT A-2
COMMERCIAL "C" SUBDISTRICT
LIST OF ALLOWABLE USES
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. Paint, glass, and wallpaper stores (Group 5231)
2. Variety stores (Group 5331)
3. Miscellaneous and general merchandise stores (Group 5399)
4. Candy, nut and confectionary stores (Group 5441)
5. Dairy product stores (Group 5451)
6. Miscellaneous food stores (Group 5499)
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 Industry Group 571, 572, and 573 in the
Standard Industrial Classification Manual.
9, Eating places (Group 5812), except that a maximum of one free standing fast
food restaurant, as defined in the LOC, shall be permitted, not to exceed 5,000
square feet of gross leasable floor area.
10. Drug stores and proprietary stores (Group 5912)
11. Sporting goods and bicycle shops (Group 5941)
12. Book stores (Group 5942)
13. Stationary stores (Group 5943)
14. Jewelry stores (Group 5944)
15. Camera and photographic supply stores (Group 5946)
16. Gift, novelty and souvenir shops (Group 5947)
17. Luggage and leatherworks stores (Group 5948)
18. 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.
19. Establishments operating primarily to provide personal services as defined in
the Standard Industrial Oassification Manual for the following Industry Groups:
a. Photographic portrait studios (Group 722)
b. Beauty shops (Group 723)
c. Barber shops (Group 724)
d. Shoe repair shops and shoeshine parlors (Group 725)
e. Miscellaneous personal services, only including Group 7291 tax retum
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.
20. Establishments primarily engaged in rendering services to businesses on a
contract or fee basis for the following Industry Numbers:
a. Advertising agencies (Group 7311)
b. Advertising, not elsewhere classified (Group 7319)
Revised October 21.2010
Page 3 of 15
~_____ """'_1._ ...nlln
EXHIBIT A-2
COMMERCIAL "C" SUBDISTRICT
LIST OF ALLOWABLE USES
c. Adjustment and collection services (Group 7322)
d. Credit reporting services (Group 7323)
e. Mailing, reproduction, commercial art (Group 7331-7338)
21. Establishments primarily engaged in developing film and in making
photographic prints and enlargements for the trade or for the general public,
only including Industry Number 7384, photofinishing laboratories.
22. Establishments engaged in miscellaneous repair services, only including
Industry Numbers 7631 - watch, clock, and jewelry repair and Group 7699 -
repair shops and related services, not elsewhere classified.
23. Video tape rental (Group 7841), excluding adult oriented rentals and sales.
24. Physical fitness facilities (Group 7991)
25. Establishments operating primarily to provide medical and health services as
defined under Major Group 80 in the Standard Industrial Classification Manual,
for the following Industry Numbers:
a. Offices and clinics of doctors of medicine (Group 8011);
b. Offices and clinics of dentists (Group 8021 );
c. Offices and clinics of doctors of osteopathy (Group 8031);
d. Offices and dinics of other health practitioners (Group 8041-8049);
e. Medical and dental laboratories (Group 8071-8082);
f. Miscellaneous health and allied services not elsewhere classified (Group
8092-8099).
26. Establishments operating primarily to provide legal services as defined under
Major Group 81 in the Standard Industrial Classification Manual.
27. Membership organizations engaged in promoting the interests of its members
as defined under Major Group 86 in the Standard Industrial Classification
Manual.
28. Establishments operating primarily to provide engineering, accounting,
research, and management for the following Industry Numbers:
a. Engineering services (Group 8711)
b. Architectural services (Group 8712)
c. Surveying services (Group 8713)
d. Accounting, auditing and bookkeeping services (Group 8721)
e. Management services (Group 8741)
f. Management consulting services (Group 8742)
g. Public relations services (Group 8743)
h. Business consulting services (Group 8748)
29. Independent living facility (ILF) units for individuals over the age of 55, assisted
living facility (ALF) units, and skilled nursing facility units (Groups 8051 and
8052) or a CCRC consisting of ILF, ALF and skilled nursing units. The
maximum size of the ILF, ALF, CCRC, skilled nursing and similar facilities shall
not exceed a floor area ratio (FAR) of 0.6.
30, Any other principal use which is comparable in nature to the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA") by the process outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
Revised October 21,2010
Sonoma Oaks MPUD
Page 4 of 15
EXHIBIT A.2
COMMERCIAL "C" SUBDISTRICT
LIST OF ALLOWABLE USES
1, Uses and structures that are accessory and incidental to the Commercial Permitted
Principal Uses within the Sonoma Oaks MPUD.
2. Retail sales and/or display areas as accessory to the principal use, not to exceed
an area greater than 20 percent of the gross floor area of the permitted principal
use.
3. Essential services, including water and sewer lines, natural gas lines, electrical
transmission and distribution lines, sewage lift stations and water pumping stations,
essential service wells and wells permitted by the South Florida Water Management
District (SFWMD) or the Florida Department of Environmental Services (FDEP),
and govemment facilities (including law enforcement, fire, emergency medical
services and facilities, public park and public library services and facilities)
4. Water management facilities and related structures
5. Irrigation treatment and distribution facilities
6. Temporary sewage treatment facilities
7. Lakes including lakes with bulkheads or other architectural or structural bank
treatments
8. 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. Temporary uses for sales centers may be
serviced by temporary well and septic systems.
9. Landscape features including, but not limited to, landscape buffers, berms, fences,
and walls
10. Uses accessory to ILF, ALF, CCRC and/or skilled nursing facilities, such as, but
not limited to, on-site dining facilities, group transportation services and wellness
centers.
Development Standards:
A Exhibit B-2 sets forth the development standards for land uses within the MPUD
Commercial (C) Subdistrict. Standards not specifically set forth herein shall be
those specified in applicable sections of the GMP and LDC in effect as of the date of
approval of the SDP or subdivision plat
B. Maximum CommerciaVOffice Square Footage: The 8.93+/- acre Commercial Tract
(UC") shall not be developed with more than 120,000 square feet of
commerciaVoffice uses in accordance with the permitted principal and accessory
uses set forth above. ILF, ALF, CCRC, skilled nursing and similar facilities shall not
count toward the 120,000 square feet of commerciaVoffice square footage, and shall
not exceed a FAR of 0.6.
ODeratlonal Characteristics:
The developer of ILF, ALF, CCRC and/or skilled nursing facilities, its successors or
assigns, shall provide the following services and/or be subject to the following
operational standards:
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
Revised October 21,2010
Sonoma Oaks MPUD
Page 5 of 15
EXHIBIT A-2
COMMERCIAL "C" SUBDISTRICT
LIST OF ALLOWABLE USES
3. Group transportation services shall be provided for residents for the purposes of
grocery and other types of shopping. Individual transportation services shall be
coordinated for the residents' individualized needs including but not limited to
medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents with their
individual needs. The manager/coordinator shall also be responsible for arranging
trips to off-site events as well as planning for lectures, movies, music and other
entertainment for the residents at the on-site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness programs
shall be provided for the residents.
6. Each unit shall be equipped to notify emergency service providers in the event of a
medical or other emergency.
7. Each unit shall be designed to allow a resident to age-in-place. For example,
kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair
bound resident or bathrooms may be retrofitted to add grab bars.
Revised October 21, 2010
Sonoma Oaks MPUD
Page 6 of 15
EXHIBIT A-3
NATIVE PRESERVE "P" SUBDISTRICT
ALLOWABLE USES AND DEVELOPMENT STANDARDS
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. Open spaces/Nature preserves
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1. Water management structures
2. Mitigation areas
3. Footpaths and boardwalks, provided any clearing required to facilitate these uses
does not impact the minimum required vegetation.
Development Standards:
5.73 acres of native vegetation shall be preserved on-site, in accordance with the MPUD
Master Plan provided as Exhibit C of this Ordinance.
Revised October 21,2010
Sonoma Oaks MPUD
Page 7 of 15
EXHIBIT B-1
RESIDENTIAL UR" SUBDISTRICT
DEVELOPMENT STANDARDS
DEVELOPMENT SINGLE MULTI-FAMILY CLUBHOUSE! ILF/ALF/CCRCI
STANDARDS FAMILY RECREATION SKILLED
(ATTACHED BUILDINGS NURSING
AND UNITS4
DETACHED)
PRINCIPAL STRUCTURES
MINIMUM LOT 2,250 S,F, 10,000 S.F. 10,000 S.F. NJA
AREA PER UNIT
MINIMUM LOT 35 FEET 100 FEET N/A N/A
WIDTH
MINIMUM 1,000 S,F. 1.000 S,F.lD.U. N/A N/A
FLOOR AREA
MIN FRONT 15 FEET 15 FEET 15 FEET 15 FEET
Y ARD3
MIN SIDE YARD 5 FEET" 15 FEET 15 FEET 15 FEET
MIN REAR 15 FEET 20 FEET 20 FEET 20 FEET
YARD
MIN PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET
SETBACK
MIN DISTANCE 10 FEET Yz THE ZONED Yz THE ZONED % THE ZONED
BETWEEN BUILDING BUIILDING BUILDING
STRUCTURES HEIGHT OF HEIGHT, NOT HEIGHT OF THE
THE TALLEST LESS THAN 30 TALLEST
BUILDING FEET BUILDING
MAX BUILDING NTE 35 45 FEET ZH or NTE 45 FEET NTE 61 FEET
HEIGHT FEET ZH or 55 FEET AH2 ZH or 55 FEET ZH or 69 FEET
45 FEET AH AH AH2
MAXIMUM N/A N/A N/A 0.6
FLOOR AREA
RATIO
ACCESSORY STRUCTURES'
FRONT" 10 FEET 10 FEET 20 FEET 10 FEET
SIDE 5 FEET" 5 FEET YzBH 5 FEET
REAR 5 FEET 5 FEET 10 FEET 5 FEET
PRESERVE 10 FEET 10 FEET 10 FEET 10 FEET
SETBACK
DISTANCE 6/0 FEET 6 FEET 10 FEET 6 FEET
BETWEEN
PRINCIPAL
STRUCTURE
MAX BUILDING NTE 35 45 FEET ZH or NTE 45 FEET NTE 61 FEET ZH
HEIGHT FEET ZH or 55 FEET AH2 ZH or 55 FEET or 69 FEET AH,
45 FEET AH, AH, whichever whichever is less2
whichever is is less
less
Revised October 21,2010
Sonoma Oaks MPUD
Page 8 of 15
EXHIBIT B-1
RESIDENTIAL "R" SUBDISTRICT
DEVELOPMENT STANDARDS
NTE = Not To Exceed
BH = Building Height
ZH = Zoned Height
AH = Actual Height
Notes:
1. Setback from lake easements for all accessory uses and structures shall
be zero feet (0') or greater.
2. No buildings greater than fifty-one feet (51') in height (zoned) shall be
permitted within two hundred feet (200') of the western property line. All
buildings within one hundred feet (100') of the western property line shall
not be oriented parallel to the western property line.
3. Front yards shall be measured as follows: If the parcel is served by a
public right-of-way, setback is measured from the adjacent right-of-way
line. If the parcel is served by a private road, setback is measured from
the back of curb (if curbed) or edge of pavement (if not curbed).
4. If ILF, ALF, CCRC, skilled nursing or similar facilities are located in the
Residential District in an area adjacent to the Preserve, the Preserve
acreage shall be allocated to the FAR even if it is platted in a separate
tract.
5. Minimum side yard setback for principal and accessory structures may be
reduced as long as the minimum distance between principal structures is
a minimum often feet (10').
GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be
in relation to individual parcel or lot boundary lines, or between structures. Condominium,
and/or homeowners' association boundaries shall not be utilized for determining development
standards.
Revised October 21,2010
Sonoma Oaks MPUD
Page 9 of 15
EXHIBIT B-2
COMMERCIAL "C" SUBDISTRICT
DEVELOPMENT STANDARDS
PRINCIPAL USES ACCESSORY USES ILF/ALF/CCRC/SKILLED
NURSING
MINIMUM LOT AREA 10,000 Sa, Ft. N/A N/A
MINIMUM LOT WIDTH 1 00 Ft. N/A N/A
MINIMUM YARDS (External)
From Wolfe Road 25 Ft. SPS 25 Ft.
From Collier Blvd, 25 Ft. SPS 50 Ft.
From Looo Road 25 Ft. SPS 25 Ft.
MINIMUM YARDS (Internal)
Internal Drives/ROW 15 Ft. 10Ft. 15 Ft.
Rear 10Ft. 10Ft. 10Ft.
Side 10Ft. 10Ft. 10Ft.
Lakes 25 Ft. 10Ft. 25 Ft.
PRESERVE SETBACK 25 Ft. 10Ft. 25 Ft.
MIN. DISTANCE BETWEEN 10 ft. or % the sum 10Ft. 10ft, or % the sum of the
STRUCTURES of the zoned zoned building heights*
buildina heiahts*
MAX BUILDING HEIGHT 42 ft, ZH
NOT TO EXCEED
Retail Buildings*** 42 ft. ZH 42 ft, ZH N/A
Office Buildinas*** 42 ft, ZH 42 ft, ZH N/A
Combination Retail and 42 ft. ZH 42 ft, ZH N/A
Office***
ILF/ALF/CCRC/Skilled N/A N/A 42 ft, ZH
Nursing***
MINIMUM FLOOR AREA 1000 Sa, Ft. ** N/A N/A
MAX. GROSS LEASABLE 120,000 Sq. Ft. N/A N/A
AREA
MAXIMUM FLOOR AREA N/A N/A 0,6
RATIO
* whichever is greater
** 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 twenty-five (25)
square feet and shall adhere to the development standards listed in accessory uses above.
*** Actual height, as defined in the LDe shall not exceed 50 feet.
SPS = same as principal structure
BH = Building Height
ZH = Zoned Height
AH = Actual Height
Revised November 5,2010
Sonoma Oaks MPUD
Page100f15
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EXHIBIT D
LEGAL DESCRIPTION
THE SUBJECT PROPERTY BEING 37.5+/- ACRES, IS COMPRISED OF 3 ADJOINING
PARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
AND IS FULLY DESCRIBED AS:
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT-OF-WAY
(PARCEL 1).
THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR
STATE HIGHWAY RIGHT-OF-WAY (PARCEL 2).
THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND
RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF
PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT-OF-WAY (PARCEL 3).
Please note: legal description has not changed; it is being provided with this submittal as a
courtesy.
Revised October 21. 2010
Sonoma Oaks MPUD
Page 12 of 15
EXHIBIT E
LIST OF REQUESTED DEVIATIONS
Deviation 1 from LDC Subsection 6.06,01(0) (Section III of the proposed Construction
Standards Manual intended to be adopted as part of the County's Administrative Code) that
requires right-of-way for local roads to be at least sixty feet (60') wide to allow a roadway width
of fifty feet (50'). Please note the reduced roadway width will not diminish the level of service
standard and all supporting water, sewer and utilities will be accommodated. The minimum
right-of-way or roadway width to be utilized for all project streets in the Sonoma Oaks MPUD
shall be fifty feet (50').
Justification: In order to accommodate the County's demand for Collier Boulevard and Wolfe
Road right-of-way acreage that resulted in a total loss of 3,5 acres, and to meet the required
native vegetation area of 5.73 acres, a roadway width of 50 feet is required.
Revised October 21, 2010
Sonoma Oaks MPUD
Page 13 of 15
EXHIBIT F
DEVELOPMENT COMMITMENTS
Transportation
The development of this MPUD Master Development Plan shall be subject to and governed by
the following conditions:
A The developer has conveyed right-of-way for Collier Boulevard and Wolfe Road: (1) Collier
Boulevard - a strip of land 65 feet in width and running the entire length of the property
frontage on Collier Boulevard; and (2) Wolfe Road - a strip of land 80 feet in width and 540
feet in length along Wolfe Road frontage of the project. No further conveyances are
required.
B. The roadway within the Sonoma Oaks project connecting Wolfe Road and Mission Hills
Boulevard shall be an unplatted public access easement which shall be created prior to the
issuance of the first building permit and shall be constructed prior to the issuance of the first
certificate of occupancy. All storm water run-off associated with the access easement shall
be accommodated on-site via the Sonoma Oaks storm water management system. All
storm water management infrastructure shall be designed in accordance with South Florida
Water Management District and Collier County standards and the proper easements shall
be recorded. The Sonoma Oaks property owners' association shall be granted ownership.
access rights and maintenance responsibility for the public access easement and all
infrastructure serving the public access easement.
C. The development within this project shall be limited to 583 adjusted two-way, PM peak hour
trips (correspondent to the highest trip generation scenario of those proposed in the
updated traffic study information dated April 12. 2010); allowing for flexibility in the
proposed uses without creating unforeseen impacts on the adjacent roadway network. For
purposes of calculation of the weekday PM peak hour trip generation for this PUD, the
lesser of the weekday PM peak hour trifs as calculated in the Institute of Traffic Engineer's
(ITE) Report, titled Trip Generation. 8 Edition or the trip generation as calculated in then
current ITE Trip Generation Report shall be utilized.
Utilities
The development of this MPUD Master Development Plan shall be subject to and governed by
the following conditions:
A. The Owner will convey to Collier County an easement for a parcel of land for a well and
pump-house, at no cost to the County. The size of the well and pump-house parcel shaD
be the minimum necessary to accommodate these improvements and shall not exceed
10,000 square feet. The Owner shall also convey to Collier County a 20 foot non-exclusive
easement for access to the well site parcel and for underground pipelines, at no cost to the
County. The general location of the well site parcel and the 20 foot access and utility
easement and the configurations are indicated on the PUD master plan, The precise
locations of the easements shall be determined at the time of first site development plan or
subdivision plat approval. Collier County may also use the pUblic access easement
described in Transportation Commitment Condition B of this Exhibit F to install its
Revised October 21,2010
Sonoma Oaks MPUD
Page 14 of 15
EXHIBIT F
DEVELOPMENT COMMITMENTS
underground pipelines and other utilities by coordinating the location with Owner. Collier
County agrees to design and construct the pump-house, fencing, landscaping, signage,
and lighting, and any other site improvements in the well site parcel so as to conform to,
and be harmonious with, the architecture of the commercial or residential site location,
depending upon the final site location. In exchange for the easements, at a minimum,
Collier County agrees to provide a type C buffer around the perimeter of the welUpump
house area, and the developer of Sonoma Oaks shall review and approve the design of the
welUpump house and the landscaping prior to construction or installation. At or before site
development plan approval if Owner has not platted the easements, Collier County shall
prepare at its expense any necessary easement documents and legal descriptions for the
well site and access easements which documents are subject to the Owner's review and
approval.
Environmental
The development of this MPUD Master Development Plan shall be subject to and governed by
the following conditions:
A. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shall be recorded on the plat with protective
covenants per, or similar to, those found in Section 704.06, of the Florida Statutes.
Conservation areas shall be dedicated on the plat to the project's homeowner's association
or like entity for ownership and maintenance responsibility and to Collier County with no
responsibility for maintenance.
B. Development must comply with the guidelines and recommendations of the U.S. Fish and
Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission
(FFWCC) regarding potential impacts to "listed species.. Where gopher tortoises or other
protected species have been observed on site, a Habitat Management Plan shall be
submitted to Environmental Services Staff for review and approval prior to site
plan/construction plan approval.
C. 5.73 acres of native vegetation shall be preserved on-site, in accordance with the MPUD
Master Plan provided as Exhibit C of this Ordinance.
Revised October 21, 2010
Sonoma Oaks MPUD
Page 15 of 15
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 2010-48
Which was adopted by the Board of County Commissioners
on the 14th day of December, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of December, 2010.
, ~':71?:J . '''.,
DWIGHT E.t" BROCK' ,"'..', .... .' ,l'~.. ,
Clerk of' Couri;s. ,'aria': Cl'~r~,-
Ex-officio tQ, ~~a:r;d 9( ~~.
County Commissioners':':'
. oJ . '. { , .: '" J .;
~ d(ji,iC?t:"'"'
By: Ann Jennejohn,
Deputy Clerk