HEX Agenda 12/11/2025COLLIER COUNTY
Hearing Examiner
AGENDA
Hearing Examiner Conference Room 609/610
2800 North Horseshoe Drive
Naples, FL 34104
December 11, 2025
1:00 PM
Andrew W. J. Dickman, Esq., AICP
Hearing Examiner
Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons
Wishing to have written or graphic materials included in the hearing report packets must have that material
submitted to County staff at Ailyn.Padron@CollierCountyFL.gov 10 days prior to the Hearing. All materials used
during presentation at the hearing will become a permanent part of the record.
Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing
Examiner are final unless appealed to the Board of County Commissioners.
Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and
applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy
of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope
for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address.
1. Pledge of Allegiance
2. Review of Agenda
3. Advertised Public Hearing
3.A. PETITION NO. CU-PL20250000338 -4075 Pine Ridge Rd - Request for approval of a
Conditional Use for Sarabi Investments, LLC to allow for coin operated amusement devices
(SIC 7993), to be known as 777 Arcade, consisting of video vending machines, pursuant to
subsection 2.03.03.C.1.c.5 of the Collier County Land Development Code, located at 4075
Pine Ridge Road, Units 6 and 7, in Section 15, Township 49 South, Range 26 East, Collier
County, Florida. [Coordinator: Timothy Finn, Planner III] Commissioner District 3 (2025-4497)
3.B. PETITION NO. PDI-PL20250001275 –1766 Workman Way- Shoppes at Orange
Blossom, LLC - Requests an insubstantial change to Ordinance Number 04-74, as amended,
the Orange Blossom Ranch MPUD, for (1) a deviation from LDC Section 5.03.02.H to provide
enhanced plantings instead of a four foot wall along Workman Way; (2) a deviation from
LDC Section 5.05.05.D.2.b to allow a 4-foot wall with enhanced plantings instead of an 8-foot
Page 1 of 466
wall where Facilities with Fuel Pumps are within 250 feet of residential property. The subject
property consists of 7.55 +/-acres out of the 616 +/-acre PUD located at the northwest quadrant
of Oil Well Road (C.R. 858) and Hawthorn Road in Section 13, Township 48 South, Range 27
East, Collier County, Florida. [Coordinator: Timothy Finn, Planner III] Commissioner District
5 (2025-4498)
3.C. PETITION NO. PDI-PL20250006723 – 10003 Marc Anthony Way - Request for an
insubstantial change to ordinance no. 03-51, as amended, the Wentworth Estates mixed-use
planned unit development (MPUD), commonly known as Treviso Bay, by decreasing the
required width of the northern type ‘B’ landscape buffer and reducing the minimum side yard
setback for the commercial area. The parcel, which is approximately +/- 9.07 acres, is
specifically located at 10003 Marc Anthony Way, Lot Tract FD-1 of the Treviso Bay
Subdivision, Section 30, Township 50 South, Range 26 East, Collier County, Florida.
[Coordinator: Maria Estrada, Planner II] Commissioner District 1 (2025-4810)
3.D. PETITION NO. SV-PL20250004410 – 8940 Sage Ave, Heritage Bay Commons - Request
for a variance from the Land Development Code Section 5.06.04 F.5 which allows for one
menu sign with a maximum height of 6 feet, measured from the drive-thru lane grade adjacent
to the sign, and permits a maximum area of 64 square feet per drive-thru lane with a limit of
two signs per parcel, to instead allow an additional menu board for a total of two signs in one
drive-thru lane at 8940 Sage Ave, Heritage Bay Commons Tract D, Section 23, Township 48
South, Range 26 East, Collier County, Florida. [Coordinator: Maria Estrada, Planner II]
Commissioner District 3 (2025-4805)
3.E. PETITION NO. SV-PL20250004411 – 5102 Tamiami Trail E, Sabal Bay - Request for a
variance from the Land Development Code Section 5.06.04.F.5. which allows for one menu
sign with a maximum height of 6 feet, measured from the drive-thru lane grade adjacent to the
sign, and permits a maximum area of 64 square feet per drive-thru lane, with a limit of two
signs per parcel, to instead allow an additional menu board for a total of two sings in one
drive-thru lane at 5102 Tamiami Trail E, Sabal Bay Commercial Plat Phase Four, Tract M,
Section 19, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Maria
Estrada, Planner II] Commission District 4 (2025-4807)
4. New Business
5. Old Business
6. Public Comments
7. Adjourn
Page 2 of 466
12/11/2025
Item # 3.A
ID# 2025-4497
PETITION NO. CU-PL20250000338 -4075 Pine Ridge Rd - Request for approval of a Conditional Use for Sarabi
Investments, LLC to allow for coin operated amusement devices (SIC 7993), to be known as 777 Arcade, consisting of
video vending machines, pursuant to subsection 2.03.03.C.1.c.5 of the Collier County Land Development Code, located
at 4075 Pine Ridge Road, Units 6 and 7, in Section 15, Township 49 South, Range 26 East, Collier County, Florida.
[Coordinator: Timothy Finn, Planner III] Commissioner District 3
ATTACHMENTS:
1. Staff Report - Sarabi Investments LLC (CU)
2. Attachment A - The Shoppes of Nine Fifty One - Site Plan - Markup, prepared by The Neighborhood Company - To be adopted with
HEX decision
3. Attachment B - FLUE Consistency Memo
4. Attachment C - Application-Backup Materials
5. Attachment D - Hearing Advertising Sign
Page 3 of 466
CU-PL20250000338, Sarabi Investments, LLC
Revised Date: November 10, 2025
Page 1 of 6
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT
DEPARTMENT
HEARING DATE: DECEMBER 11, 2025
SUBJECT: CU-PL20250000338; SARABI INVESTMENTS LLC
______________________________________________________________________________
PROPERTY OWNER/CONTRACT PURCHASER/AGENT:
Owner:
Kenneth Baldridge, Manager
Baldridge Pinegate, LLC
6209 Mid Rivers Mall Drive, Suite 318
Saint Charles, MO 63304
Contract Purchaser:
Abdallah Mustafa, Manager
Agent:
Patrick Vanasse, AICP
Sarabi Investments, LLC The Neighborhood Company
4075 Pine Ridge Rd, Units 6 & 7 5618 Whispering Willow Way
Naples, FL 34119
Fort Myers, FL 33908
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) consider an application for approval of a
Conditional Use for Sarabi Investments, LLC to allow for coin operated amusement devices (SIC
7993), to be known as 777 Arcade, consisting of video vending machines, pursuant to subsection
2.03.03.C.1.c.5 of the Collier County Land Development Code.
GEOGRAPHIC LOCATION:
The subject property is located at 4075 Pine Ridge Road, Units 6 and 7, in Section 15, Township
49 South, Range 26 East, Collier County, Florida. (See location map on page 3)
Page 4 of 466
CU-PL20250000338, Sarabi Investments, LLC
Revised Date: November 10, 2025
Page 2 of 6
PURPOSE/DESCRIPTION OF PROJECT:
This application is a request for a Conditional Use to permit “coin-operated amusement devices”
(SIC 7993), which is an allowable conditional use in the Commercial Intermediate District (C-3),
at 4075 Pine Ridge Road, Units 6 and 7. The subject property is located within the Shoppes at
951, a ±24,980 SF shopping center located in the northwest quadrant of the intersection of
Collier Boulevard and Pine Ridge Road. The proposed project, known as 777 Arcade, will
consist of video vending machines in compliance with all state regulations. There will be 100
machines, with a total capacity of 50 people. On an average day, approximately 20 customers are
expected. The proposed hours of operation are 10:00 am to 11:00 pm (Monday through Sunday),
with entrance restricted to customers aged 21 and over. The use is entirely internal to the existing
shopping center, and no amplified music/sound is proposed as part of this project. The property
is ±2.51 acres, and Units 6 and 7 are two of 16 total units in the shopping center, per the most
recent site development plan approvals (SDPI-2002-AR-2413). The property is zoned C-3 and is
within the Estates Mixed Use District, Neighborhood Center Subdistrict, as identified on the
Urban Golden Gate Estates Sub-Element Future Land Use Map (FLUM) of the Golden Gate
Area Master Plan (GGAMP).
Page 5 of 466
CU-PL20250000338, Sarabi Investments, LLC
Revised Date: November 10, 2025
Page 3 of 6
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the boundaries of the subject property, which is developed with a shopping center,
zoned Commercial Intermediate District (C-3) zoning district:
North: Undeveloped land, with a current zoning designation of Dunkin Donuts Collier
Boulevard CPUD allowing up 10,000 s.f. of certain C-1, C-2, and C-3 uses
East: Developed with a gas station with a car wash, with a current zoning designation of
Commercial Intermediate (C-3) zoning district
South: Pine Ridge Road (four-lane arterial), then developed with commercial uses, with a
current zoning designation of Brooks Village CPUD allowing up 105,000 s.f. of
certain C-1, C-2, and C-3 uses
West: Developed with a single-family dwelling unit, with a current zoning designation of
Estate (E) zoning district
Source: The Neighborhood Company
Page 6 of 466
CU-PL20250000338, Sarabi Investments, LLC
Revised Date: November 10, 2025
Page 4 of 6
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Comprehensive Planning staff has reviewed this request and offered the following comments:
Future Land Use Element (FLUE): The property is ±2.51 acres, and Units 6 and 7 are two of
16 total units in the shopping center, per the most recent site development plan approvals (SDPI-
2002-AR-2413). The property is zoned C-3 and is within the Estates Mixed Use District,
Neighborhood Center Subdistrict, as identified on the Urban Golden Gate Estates Sub-Element
Future Land Use Map (FLUM) of the Golden Gate Area Master Plan (GGAMP). The proposed
use is not listed as a prohibited use within the Subdistrict. The proposed Conditional Use is
consistent with the Future Land Use Designation of the Future Land Use Element. The policies
of the Future Land Use Element of the GMP have been reviewed and applied to this proposal.
Staff find that the Conditional Use, if approved, will be consistent with the GMP and the
Subdistrict. (See Attachment B – FLUE Consistency Memo)
Stormwater Review: The proposed conditional use expansion request is not anticipated to create
drainage problems or adverse stormwater management impacts to surrounding properties. Any
proposed changes to building(s) or to site impervious coverage will require approval through the
environmental resource permitting (ERP) process with the South Florida Water Management
District (SFWMD) and the Site Development Plan process to ensure consistency with the Collier
County LDC. Additionally, the same Best Management Practices, Erosion Control Measures, and
Pollution Prevention Plan associated with the current permitted operation will continue to be used
for the proposed expansion.
Landscape Review: The buffers labeled on the Master Concept Plan are consistent with the LDC.
Utility Review: The project lies within the regional potable water service area and the Golden
Gate wastewater service area of the Collier County Water-Sewer District (CCWSD). Water
services are available via existing infrastructure within the adjacent right-of-way. Sufficient
water treatment capacity is available. A water main is available along White Boulevard. There is
adequate water treatment capacity to serve the project. The project will be served by a private
septic system as connections to CCWSD services are not readily available. Any improvements to
the CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve the
project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at
no cost to the County at the time of utilities acceptance.
The development will have to meet all applicable criteria set forth in the LDC regarding
Adequate Public Facilities. The project must also be consistent with all applicable GMP goals
and objectives regarding adequate public facilities. This petition has been reviewed by county
staff responsible for the jurisdictional elements of the GMP as part of the rezoning process, and
staff have concluded that the developer has provided appropriate commitments to minimize
impacts to the Level of Service (LOS).
Environmental Review: Environmental Services staff have reviewed the Conditional Use petition
to address environmental concerns. The property is devoid of native vegetation; the existing trees
Page 7 of 466
CU-PL20250000338, Sarabi Investments, LLC
Revised Date: November 10, 2025
Page 5 of 6
onsite do not meet the native vegetation preservation requirements of LDC Section 3.05.07.A, and
as such, no preservation of native vegetation is required.
This project does not require an Environmental Advisory Council (EAC) review, as it did not
meet the EAC's scope of land development project reviews, as identified in Section 2-1193 of the
Collier County Codes of Laws and Ordinances. Environmental Services staff recommend
approval of the proposed petition.
Conservation and Coastal Management Element (CCME): Environmental review staff have
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). The project site is 2.51 acres. The property does not contain native vegetation; no
preservation is required.
STAFF ANALYSIS:
When considering a Conditional Use petition, the HEX must make findings that: 1) approval of
the Conditional Use will not adversely affect the public interest and will not adversely affect
other property of uses in the same district of neighborhood; and 2) all specific requirements for
the individual Conditional Use will be met; and 3) satisfactory provisions have been made
concerning the following matters, where applicable:
1. Section 2.03.03.C.1.c.5, of the LDC permits conditional uses in the Commercial
Intermediate District (C-3) zoning district
The requested use for coin operated amusement devices (SIC 7993) is allowed as a
conditional use in the Commercial Intermediate District (C-3) zoning district, subject to the
standards and procedures established in section 10.08.00, conditional uses procedures, of the
LDC.
2. Consistency with the Land Development Code (LDC) and the Growth Management
Plan (GMP).
This request is consistent with the GMP, and with the conditions proposed by staff, this
project will be in compliance with the applicable provisions of the Land Development Code
(LDC).
3. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
The existing shopping center has two ingress/egress points – one off Pine Ridge Road and
the other on Neffs Way. Neffs Way also connects to Collier Boulevard via internal
circulation. This project proposes no change to the means of existing ingress/egress.
4. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic, or odor effects.
Page 8 of 466
CU-PL20250000338, Sarabi Investments, LLC
Revised Date: November 10, 2025
Page 6 of 6
The proposed conditional use will be entirely internal to the existing Shoppes at 951 and is
therefore not anticipated to have an impact on noise, glare, economic impact, or odor.
5. Compatibility with adjacent properties and other properties in the district.
The existing Shoppes at 951 development was approved for ±24,980 SF of commercial
development. The existing uses in other units are a mix of permitted C-3 uses, including a
florist, a bakery, insurance offices, a medical office, a veterinary clinic, multiple salons, and a
restaurant. The addition of the proposed video arcade will have no anticipated impact on the
site’s overall compatibility with the surrounding area, as there are no proposed changes to the
existing development or buffers.
JUNE 30, 2025, AND JULY 1, 2025, NEIGHBORHOOD INFORMATION MEETINGS
(NIM):
A virtual-only NIM meeting was held via Zoom on June 30, 2025, at 6:00 pm. An in-person
NIM meeting with Zoom option was held on July 1, 2025, at 6:00 pm at the Golden Gate
Community Center, 4701 Golden Gate Parkway, Naples, FL 34116. No members of the public
were present or participating remotely at both meetings, and therefore no recording or transcript
was available. A copy of the NIM advertising is included in Attachment C.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition CU-
PL20250000338, subject to the following conditions:
a) The conditional use shall be limited to what is depicted on the “Shoppes of Nine Fifty
One - Site Plan – Markup,” prepared by The Neighborhood Company.
Attachments:
A) The Shoppes of Nine Fifty-One - Site Plan – Markup, prepared by The Neighborhood
Company - To be adopted with HEX decision
B) FLUE Consistency Memo
C) Application/Backup Materials
Page 9 of 466
Page 10 of 466
Growth Management Community Development Department
Zoning Division—Comprehensive Planning Section
C O N S I S T E N C Y R E V I E W M E M O R A N D U M
To: Tim Finn, Planner III, Zoning
From: Austin Grubb, Planner III, Comprehensive Planning
Date: November 7, 2025
Subject: Sarabi Investments Conditional Use
PETITION NUMBER: PL20250000338
PETITION NAME: Sarabi Investments Conditional Use
REQUEST: This application is a request for a Conditional Use to permit “coin-operated amusement devices”
(SIC 7993), which is an allowable conditional use in the Commercial Intermediate District (C -3), at 4075 Pine Ridge
Road Unit 6 and 7. The subject property is located within the Shoppes at 951, a ±24,980 SF shopping center
located in the northwest quadrant of the intersection of Collier Boulevard and Pine Ridge Road. The proposed
project, known as 777 Arcade, will consist of video vending machines. The proposed h ours of operation are 9:00am
to 1:00am, with entrance restricted to customers aged 21 and over.
LOCATION: The property is ±2.51 acres and Units 6 and 7 are two of 16 total units in the shopping center, per
the most recent site development plan approvals (SDPI-2002-AR-2413). The property is zoned C-3 and is within
the Estates Mixed Use District, Neighborhood Center Subdistrict as identified on the Urban Golden Gate Estates
Sub-Element Future Land Use Map (FLUM) of the Golden Gate Area Master Plan (GGAMP).
COMPREHENSIVE PLANNING COMMENTS
The proposed use is not listed as a prohibited use withing the Subdistrict. The proposed Conditional
Use is consistent with the Future Land Use Designation of the Future Land Use Element.
CONCLUSION:
The policies of the Future Land Use Element of the GMP have been reviewed and applied to this
proposal. Staff finds the Conditional Use, if approved, it will be consistent with the GMP and the
Subdistrict.
PETITION ON CITYVIEW
Page 11 of 466
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APPLICANT CONTACT INFORMATION
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE
YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE
WITH THESE REGULATIONS.
A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD
OF ZONING APPEALS
A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING
EXAMINER
Name of Property Owner(s):
Name of Applicant if different than owner:
Address: City: State: ZIP:
Telephone: Cell: Fax:
E-Mail Address:
Name of Agent(s):
Firm:
Address: City: State: ZIP:
Telephone: Cell: Fax:
E-Mail Address:
Application for Public Hearing for Conditional Use
LDC subsection 10
Chapter 3 of the Administrative Code
Page 12 of 466
Revised 2024 Page 2 of 12
ASSOCIATIONS
PROPERTY INFORMATION
Required: List all registered Home Owner Association(s) that could be affected by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774.
Name of Homeowner Association:
Mailing Address: City: State: ZIP:
Name of Homeowner Association:
Mailing Address: City: State: ZIP:
Name of Homeowner Association:
Mailing Address: City: State: ZIP:
Name of Homeowner Association:
Mailing Address: City: State: ZIP:
Name of Homeowner Association:
Mailing Address: City: State: ZIP:
On separate page, provide a detailed legal description of the property covered by the
application:
• If the request involves changes to more than one zoning district, the applicant shall include
separate legal description for property involved in each district;
• The applicant shall submit 4 copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale), if required to do so at the pre-application meeting; and
• The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Property I.D. Number: Plat Book: Page #:
Section/Township/Range: / /
Subdivision: Lot: Block:
Metes & Bounds Description:
Size of Property: ft. X ft. = Total Sq. Ft. Acres:
Address/ General Location of Subject Property:
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Zoning Land Use
N
S
E
W
If the owner of the subject property owns contiguous property please provide a detailed legal
description of the entire contiguous property: (If space is inadequate, attach on a separate
page)
Section/Township/Range: / /
Lot: Block: Subdivision:
Plat Book: Page #: Property I.D. Number:
Metes & Bounds Description:
Type of Conditional Use:
This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the
zoning district for (type of use).
Present Use of the Property:
ADJACENT ZONING AND LAND USE
CONDITIONAL USE REQUEST DETAIL
Page 14 of 466
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Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation
to the reviewing body shall be based upon a finding that the granting of the conditional use will not
adversely affect the public interest and that the specific requirements governing the individual conditional
use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning
the following matters, where applicable.
On a separate page, provide a narrative statement describing a request for a conditional use
and a detailed response to the criteria listed below. Specify how and why the request is
consistent with each of the criteria.
a. Describe how the project is consistent with the Collier County Land Development Code and Growth
Management Plan. Include information on how the request is consistent with the applicable section
or portions of the Future Land Use Element.
b. Describe the existing or planned means of ingress and egress to the property and proposed structure
thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe.
c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare,
economic impact, and odor.
d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other
properties in the district.
e. Please provide any additional information which you may feel is relevant to this request.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners
association in the area for which this use is being requested in order to ascertain whether or not the
request is affected by existing deed restrictions.
Previous land use petitions on the subject property: To your knowledge, has a public hearing been
held on this property within the last year? If so, what was the nature of that hearing?
Official Interpretations or Zoning Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year?
No Yes (If yes please provide copies.)
EVALUATION CRITERIA
Page 15 of 466
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APPLICANT INFORMATION
TYPE OF WATER SERVICE TO BE PROVIDED
STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST
Name of Applicant(s):
Address: City: State: ZIP:
Telephone: Cell: Fax:
E-Mail Address:
Address of Subject Property (If available):
City: State: ZIP:
Section/Township/Range: / /
Lot: Block: Subdivision:
Plat Book: Page #: Property I.D. Number:
Metes & Bounds Description:
Check applicable system:
a. County Utility System
b. City Utility System
c. Franchised Utility System Provide Name:
d. Package Treatment Plant (GPD Capacity):
e. Septic System
a. County Utility System
b. City Utility System
c. Franchised Utility System PROVIDE NAME
d. Private System (Well)
Total Population to be served:
Peak and Average Daily Demands:
A. Water-Peak: Average Daily:
B. Sewer-Peak: Average Daily:
LEGAL DESCRIPTION
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
Page 16 of 466
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If proposing to be connected to Collier County Regional Water System, please provide the
date service is expected to be required:
Narrative statement: Provide a brief and concise narrative statement and schematic drawing of
sewage treatment process to be used as well as a specific statement regarding the method of
affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil
involved shall be provided from tests prepared and certified by a professional engineer.
County Utility Dedication Statement: If the project is located within the service boundaries of
Collier County’s utility service system, a notarized statement shall be provided agreeing to
dedicate the water distribution and sewage collection facilities within the project area to the
Collier County Utilities. This shall occur upon completion of the construction of these facilities in
accordance with all applicable County ordinances in effect at that time. This statement shall also
include an agreement that the applicable system development charges and connection fees will
be paid to the County Utilities Division prior to the issuance of building permits by the County. If
applicable, the statement shall contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems.
Statement of Availability Capacity from other Providers: Unless waived or otherwise provided
for at the pre-application meeting, if the project is to receive sewer or potable water services from
any provider other than the County, a statement from that provider indicating adequate capacity
to serve the project shall be provided.
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Chapter 8 of the Administrative Code requires that the applicant must remove
their public hearing advertising sign(s) after final action is taken by the Board of
County Commissioners. Based on the Board's final action on this item, please
remove all public hearing advertising sign(s) immediately.
Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall
record in the Public Records of Collier County a Memorandum of Understanding of Developer
Commitments or Notice of Developer Commitments that contains the legal description of the
property that is the subject of the land use petition and contains each and every
commitment of the owner or developer specified in the Ordinance. The Memorandum or
Notice shall be in form acceptable to the County and shall comply with the recording
requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided
to the assigned Principal Planner, Zoning Services Department, within 15 days of recording
of said Memorandum or Notice.
RECORDING OF DEVELOPER COMMITMENTS
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The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of
application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet.
Please provide the submittal items in the exact order listed below, with cover sheets attached to each section.
Incomplete submittals will not be accepted.
Requirements for Review Required Not
Required
Completed Application
Cover letter briefly explaining the project
Pre-Application Notes
Affidavit of Authorization, signed and notarized
Completed Addressing Checklist
Property Ownership Disclosure Form
Warranty Deed(s)
Boundary Survey
Conceptual Site Plan 24” X 36” plus (one 8 ½ X 11 copy)
Plans showing proposed location for utilities, if required
Plans for screening and buffering the use with reference as to type, dimensions,
and character, if required
Plans showing the proposed landscaping and provisions for trees protected by
County regulations, if required
Plans showing the proposed signs and lighting, including type, dimensions, and
character, if required
Architectural Rendering of Proposed Structure(s), if applicable
Current aerial photographs (available from Property Appraiser) with project
boundary and, if vegetated, FLUCFCS Codes with legend included on aerial.
Statement of utility provisions (with all required attachments & sketches)
Environmental Data Requirements, pursuant to LDC section 3.08.00
Environmental Data Requirements collated into a single Environmental Impact
Statement (EIS) at time of public hearings. Coordinate with project planner at time
of public hearing.
Listed Species Survey; less than 12 months old. Include copies of previous surveys.
Traffic Impact Study (TIS) or waiver
Historical and Archeological Survey, or waiver
Electronic copy of all documents and plans
Pre-Application Meeting and Final Submittal Requirement Checklist for:
A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals
A Minor Conditional Use to be heard by the Office of the Hearing Examiner
Chapter 3 of the Administrative Code
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E-Permitting Guides
Revised 2024 Page 9 of 12
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
• Following the completion of the review process by County review staff, the applicant shall submit all materials
electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
Planners: Indicate if the petition needs to be routed to the following additional reviewers:
Bayshore/Gateway Triangle Redevelopment:
Executive Director
Emergency Management or EMS:
Conservancy of SWFL: GMD Graphics
City of Naples: Utilities Engineering: y
Parks and Recreation: Immokalee Water/Sewer District:
Other: School District (Residential Components):
Communication Towers:
Mosquito Control Collier County Airport Authority
Naples Airport Authority
Commercial Mining:
Impact Fees
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Pre-Application Meeting: $500.00 (to be credited towards the application fee if the application is filed
within 9 months of pre-application meeting)
Fire Pre-Application Meeting: $150.00 (Applied as credit towards fire review fee upon submittal of
application if within 9 months of the pre-app meeting date)
Conditional Use Application Fee: $4,000.00
o When filed with Rezone Petition: $1,500.00
o Additional fee for 5th and subsequent reviews: 20% of original fee
Comprehensive Planning Consistency Review: $300.00
Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting):
$2,500.00
Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00
Transportation Fee, if required:
o Methodology Review Fee: $500.00
o Minor Study Review Fee: $750.00
o Major Study Review Fee: $1,500.00
Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00
Estimated Legal Advertising Fee for the BZA, if required: $500.00
Fire Planning Review Fee: $150.00
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the
Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for
Applications headed to hearing, and this fee is collected prior to hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may
result in the delay of processing this petition.
Agent/Owner Signature Date
Agent/Owner Name (please print)
FEE REQUIREMENTS
Page 21 of 466
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Public Participation Requirements
LDC Section 10.03.06 B. or C.
Chapter 8 of the Administrative Code
Notice for Minor Conditional Use Petitions
Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a
NIM at least 15 days prior to the Hearing Examiner’s receipt of the staff report and
application materials in accordance with the applicable sections of the Administrative
Code. The NIM shall be advertised and a mailed written notice shall be given to the
property owners in the notification area at least 15 days prior to the NIM meeting.
Mailed Notice: Written notice shall be sent to property owners in the notification area at
least 15 days before the advertised Hearing Examiner hearing.
Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised Hearing Examiner hearing in a newspaper of general
circulation. The advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
Sign: A sign shall be posted at least 15 days before the advertised Hearing
Examiner hearing date.
Public Hearing for Minor Conditional Use Petitions
Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public
hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing
Examiner procedures.
Notice for Conditional Use Petitions
Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a
NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised
and a mailed written notice shall be given to the property owners in the notification area
at least 15 days prior to the NIM meeting.
Page 22 of 466
Revised 2024 Page 12 of 12
Mailed Notice: Written notice shall be sent to property owners in the notification area at
least 15 days before the advertised public hearing.
Newspaper Advertisements: The legal advertisement shall be published at least 15
days before the advertised public hearing in a newspaper of general circulation. The
advertisement shall include at a minimum:
• Date, time, and location of the hearing;
• Description of the proposed land uses; and
• 2 in. x 3 in. map of the project location.
Sign: A sign shall be posted at least 15 days before the advertised public hearing
date. Public Hearing for Conditional Use Petitions
Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised
public hearing, if required.
Collier County Planning Commission (CCPC): The CCPC shall hold at least 1
public hearing.
Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public
hearing.
Page 23 of 466
4075 Pine Ridge CU Page 1 of 4
Submittal #2
09/08/2025
5618 Whispering Willow Way, Fort Myers, FL 33908 | 239.398.2016
www.theneighborhood.company
4075 PINE RIDGE ROAD
Conditional Use (CU) Application
PROJECT NARRATIVE & EVALUATION CRITERIA
BACKGROUND & REQUEST
This application is a request for a Conditional Use to permit “coin-operated amusement devices” (SIC 7993),
which is an allowable conditional use in the Commercial Intermediate District (C-3), at 4075 Pine Ridge
Road Unit 6 and 7. The subject property is located within the Shoppes at 951, a ±24,980 SF shopping
center located in the northwest quadrant of the intersection of Collier Boulevard and Pine Ridge Road.
The proposed project, known as 777 Arcade, will consist of video vending machines in compliance with all
state regulations. There will be 100 machines and a total capacity limited to 50 people. On an average day,
approximately 20 customers are expected. The proposed hours of operation are 10:00am to 11:00pm
(Monday through Sunday), with entrance restricted to customers aged 21 and over. The use is entirely
internal to the existing shopping center and there is no amplified music/sound proposed as part of this
project.
The property is ±2.51 acres and Units 6 and 7 are two of 16 total units in the shopping center, per the most
recent site development plan approvals (SDPI-2002-AR-2413). The property is zoned C-3 and is within the
Estates Mixed Use District, Neighborhood Center Subdistrict as identified on the Urban Golden Gate
Estates Sub-Element Future Land Use Map (FLUM) of the Golden Gate Area Master Plan (GGAMP). The
table below describes land uses and future land use designations in the surrounding area.
Future Land Use District Zoning District Existing Uses
NORTH Estates Mixed Use District,
Neighborhood Center
Subdistrict
Dunkin Donuts Collier
Boulevard CPUD
Undeveloped
commercial lot
SOUTH Estates Mixed Use District,
Neighborhood Center
Subdistrict
ROW/Brooks Village
CPUD
Various commercial
uses
EAST Estates Mixed Use District,
Neighborhood Center
Subdistrict
C-3 Circle K gas station and
car wash
WEST Estates Mixed Use District,
Estates Residential
Subdistrict
Estates Single-family residence
Page 24 of 466
4075 Pine Ridge CU Page 2 of 4
Submittal #2
09/08/2025
5618 Whispering Willow Way, Fort Myers, FL 33908 | 239.398.2016
www.theneighborhood.company
EVALUATION CRITERIA
a. Describe how the project is consistent with the Collier County Land Development Code and
Growth Management Plan. Include information on how the request is consistent with the
applicable section or portions of the Future Land Use Element.
Pursuant to LDC section 2.03.03.C.1.c.5, the proposed use is an allowable conditional use within
the C-3 zoning district. Units 6 and 7 are within a shopping center with an approved SDP, and no
deviations are requested as part of this application. As described in the Urban Sub-Element of the
GGAMP, Neighborhood Centers “are designed to concentrate all new commercial zoning, and
conditional uses, as allowed in the Estates Zoning District, in locations where traffic impacts can
be readily accommodated and to avoid strip and disorganized patterns of commercial and
conditional use development.” The proposed use is located within an existing commercial
development and is not on the list of prohibited uses within the Neighborhood Center Subdistrict.
b. Describe the existing or planned means of ingress and egress to the property and proposed
structure thereon with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or catastrophe.
The existing shopping center has two ingress/egress points – one off of Pine Ridge Road and the
other on Neffs Way. Neffs Way also connects via internal circulation to Collier Boulevard. This
project proposes no change to the means of existing ingress/egress.
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact, and odor.
The proposed conditional use will be entirely internal to the existing Shoppes at 951 and is therefore
not anticipated to have an impact on noise, glare, economic impact, or odor.
d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other
properties in the district.
As mentioned previously, the existing Shoppes at 951 development was approved for ±24,980 SF
of commercial development. The existing uses in other units are a mix of permitted C-3 uses,
including a florist, a bakery, insurance offices, medical office, veterinary clinic, multiple salons, and
a restaurant. The addition of the proposed video arcade will have no anticipated impact on the
overall site’s compatibility with the surrounding area, as there are no proposed changes to the
existing development or buffers.
e. Please provide any additional information which you may feel is relevant to this request.
The proposed video arcade will be compliant with all Florida Statutes regarding amusement
games/machines (FS Ch. 849-161).
Page 25 of 466
4075 Pine Ridge CU Page 3 of 4
Submittal #2
09/08/2025
5618 Whispering Willow Way, Fort Myers, FL 33908 | 239.398.2016
www.theneighborhood.company
PROJECT PHOTOS
Page 26 of 466
4075 Pine Ridge CU Page 4 of 4
Submittal #2
09/08/2025
5618 Whispering Willow Way, Fort Myers, FL 33908 | 239.398.2016
www.theneighborhood.company
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Addressing Checklist 6/14/2024 Page 1 of 2
Growth Management Community Development • Operations & Regulatory Management
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Addressing Checklist
GMCD Public Portal
Land Development Code
Administrative Code
Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * are
required for every application, other items are optional and may not apply to every project.
Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after
that timeframe and any time the properties within the project boundary are modified.
*Name of Owner/Agent:
Firm [if agent]:
*Address:*City:*State:*ZIP:
*Telephone:Cell:Fax:
*E-Mail Address:
*Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]:
*Legal Description of subject property or properties [Attach list if necessary]:
Street Address(es) where applicable, if already assigned:
Applicant Contact Information
Location Information
Page 57 of 466
Collier County
Addressing Checklist 6/14/2024 Page 2 of 2
Growth Management Community Development • Operations & Regulatory Management
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Acceptance of this form does not constitute project and/or street name approval and is subject to further review by
the Addressing Official. Pre-approval of project name and/or street name may be requested by contacting us at
GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal.
Current Project Name:
Proposed Project Name:
Proposed Street Name:
Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####]
Additional documents may be attached to this form and can include.
Checkmark the items included with this application:
Requirements for Review: Required:
LOCATION MAP and/or SURVEY showing the proposed project boundary. ☒
List of additional folio numbers and associated legal descriptions. ☐
E-mail from Addressing Official for any pre-approved project and/or street names.☐
Project Information
Submittal Requirement Checklist
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMCD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: Front.Desk@colliercountyfl.gov
Page 58 of 466
Location Map
Folio Number: 37930510002
Name: BALDRIDGE PINEGATE LLC
Street# & Name: 4075 PINE RIDGE
RD
Build# / Unit#: 110 / 2
Legal Description: GOLDEN GATE
EST UNIT 26 TRACT 110,
EXCEPTING THERE- FROM THE
EAST 225FT AND THE SOUTHERLY
75FT, LESS ORDER
2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided
for the data herein, its use, or its interpretation.
2/28/25, 4:39 PM Print Map
https://maps.collierappraiser.com/mapprint.aspx?pagetitle=Location Map&orient=LANDSCAPE&paper=LETTER&minX=429828.314658475&minY=683342.24997291&maxX=430702.403547368&maxY…1/1Page 59 of 466
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Outlook
RE: PL20250000338 Pine Ridge CU
From Sean Sammon <Sean.Sammon@colliercountyfl.gov>
Date Mon 3/10/2025 2:29 PM
To Rachel Hansen <rh@theneighborhood.company>
Cc Pat Vanasse <pv@theneighborhood.company>
Good a ernoon Rachel,
No, not unless you have one. However, on the SDPI, please be certain to clearly dis nguish between the subject property (folio
37930510002) and the 4025 Pine Ridge Rd corner property(folio 37930500009), the vacant por on on the SDPI, so that there is no
confusion as to what the subject property actually is. If you can do so, then the a ached SDPI is sufficient since it includes the current
property boundary.
Lastly, be certain to iden fy/highlight/mark the subject unit that is associated with this pe on request.
Hope that helps, let me know if you have any other ques ons. Have a great day!
Sean Sammon
Planner III
Zoning
Office:239-252-8422
2800 N. Horseshoe Drive
Naples, FL 34104
Sean.Sammon@colliercountyfl.gov
From: Rachel Hansen <rh@theneighborhood.company>
Sent: Monday, March 10, 2025 11:54 AM
To: Sean Sammon <Sean.Sammon@colliercountyfl.gov>
Cc: Pat Vanasse <pv@theneighborhood.company>
Subject: PL20250000338 Pine Ridge CU
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Hi Sean,
The pre-app notes for the above referenced project indicate that we need a boundary survey for submi al. Because this is within an
exis ng development with an approved SDP, do we need to provide a new survey? I've a ached the most recent SDPI approval.
Thanks!
Page 64 of 466
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CU-PL20250000338
4075 PINE RIDGE CONDITIONAL USE
Neighborhood Information Meeting
June 30, 2025
Page 66 of 466
Intent
01 To inform the public of the
zoning petition that has
been submitted to Collier
County (PL20250000338)
02 Neighborhood Information
Meeting (NIM) required as
part of Conditional Use (CU)
petition
Page 67 of 466
Applicant Team
Applicant Land Use
Attorney
Zachary
Lombardo, Esq.
Patrick
Vanasse, AICP
Land Use
Planner
Land Use
Planner
Rachel Hansen,
AICP
Sarabi
Investments,
LLC
Page 68 of 466
Conditional Use to permit “coin-operated amusement devices” (SIC 7993).
Request
Request has NO IMPACT on commercial intensity or residential density.
Page 69 of 466
Subject Property
Two units (Units 6 and 7) within the existing
Shoppes at 951 shopping center
Located in the northwest quadrant of the
intersection of Pine Ridge Rd. and Collier Blvd.
Zoned Commercial Intermediate District (C -3)
Future Land Use designation is Estates Mixed Use
District, Neighborhood Center Subdistrict
Page 70 of 466
Page 71 of 466
Background
Shoppes at 951 is a ±24,980 SF shopping
center originally approved in 1998.
C -3 zoning permits a variety of commercial
uses, including “coin-operated amusement
devices” (SIC 7993) as a conditional use.
Neighborhood Centers within the Golden
Gate Area Master Plan provide commercial
goods and services throughout the Estates.
The proposed use will have no anticipated
impact on the overall site’s compatibility with
the surrounding area.
Page 72 of 466
Proposed Use
777 Arcade will consist of video
vending machines in compliance
with all state regulations
100 total machines with maximum
capacity of 50 people
Hours of operation: 10:00am to
11:00pm (Mon-Sun), entry limited
to 21 and over
Page 73 of 466
Next Steps
Filed CU application – waiting
for final finding of sufficiency
from Collier County staff
Hearing Examiner hearing: TBD
at Collier County Growth
Management Community
Development Department
Conference Room 609/610, 2800
N. Horseshoe Drive, Naples, FL
34104
Page 74 of 466
QUESTIONS?
pv@theneighborhood.company
(239) 398-2016
Patrick Vanasse, AICP Rachel Hansen, AICP
(614) 306-0678
rh@theneighborhood.company
Page 75 of 466
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FINAL INVOICE
No: 164497 Date: 06/13/25
Rachel Hansen
The Neighborhood Company
5618 Whispering Willow Way
Fort Myers FL 33908
SHIP TO:
The Neighborhood Company
5618 Whispering Willow Way
Fort Myers FL 33908
Acct.No
25731
Ordered by
Rachel Hansen
Phone
614-306-0678
P.O. No
Rachel
Prepared by
DANNY x.115
Sales Rep
DANNY x.115
Ship By
Mailing Services
Quantity Description Price
953 162.10NIM Letter Inserts - 8.5"x11" - Folded 2X to 8.5" x 3.66" - Printed 4/0 Full Color 1
Sided on 60# Uncoated Text
953 152.30#10 Envelopes - 4.125"x9.5" - 1/0 Black Ink 1 Sided - 24# White Wove #10 Envelopes
953 135.25MAILING SERVICES - Process Customer Mailing List - Direct Address Envelopes -
Presort Standard Panther Printing Indicia #972 - Insert Letter - Deliver to The USPS
(POSTAGE IS ADDITIONAL & is payable to the USPS)
1 No ChargePostage Expense - PAY AS SEPARATE CHECK (payable directly to the US
Exempt
The undersigned attests that he/she is authorized and hereby accepts this order.
All orders are based on 10% over/under runs. Color and quality guarantee is
limited to your artwork and your proof approval. Any claims of defects must be
made in writing within ten days. All invoices due upon receipt. Invoices not paid
within ten days are subject to interest at 1.5% per annum. By accepting this order,
you expressly agree to be bound by the Printing Trade Customs as found on the
reverse side. In the event that any issue arises regarding the work performed or
collection of the invoice, you agree to be liable for all collection costs including
attorney's fees.
Payment $478.88 Print Reach Pay 06/06/2025Received by ________________________________ Date ____________
Subtotal 449.65
Tax 29.23
TOTAL 478.88
Paid -478.88
BALANCE 0.00
Paid-in-Full Thank you
(print# 1)
Page 78 of 466
Page 1 of 1
5618 Whispering Willow Way, Fort Myers, FL 33908 | 239.398.2016
www.theneighborhood.company
May 30, 2025
Dear Property Owner:
Please be advised that a formal application has been submitted to Collier County seeking approval of a Conditional
Use (PL20250000338) for the following property:
Units 6 and 7 are located within the Shoppes at 951, a ±24,980 SF shopping center at the intersection
of Collier Boulevard and Pine Ridge Road in unincorporated Collier County, Florida. The specific
address is 4075 Pine Ridge Road, Naples, FL 34119.
This applicant is requesting a Conditional Use to permit “coin-operated amusement devices” (SIC 7993), which is
an allowable conditional use in the Commercial Intermediate District (C-3). The proposed project, known as 777
Arcade, will consist of video vending machines in compliance with all state regulations. In compliance with Land
Development Code requirements, two Neighborhood Information Meetings will be held to provide you with an
opportunity to fully understand the proposed use.
A virtual-only meeting will be held via Zoom on June 30 at 6:00pm. An in-person meeting with Zoom option will be
held on July 1 at 6:00pm at the following address:
Golden Gate Community Center
4701 Golden Gate Parkway, Naples, FL 34116
If you would like to participate via Zoom for either meeting, please send an email to
rh@theneighborhood.company prior to June 27 to request link. Should you have questions prior to the
meeting, please contact me at pv@theneighborhood.company or 239-398-2016.
Sincerely,
Patrick Vanasse, AICP
President & Partner
Page 79 of 466
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12/11/2025
Item # 3.B
ID# 2025-4498
PETITION NO. PDI-PL20250001275 –1766 Workman Way- Shoppes at Orange Blossom, LLC - Requests an
insubstantial change to Ordinance Number 04-74, as amended, the Orange Blossom Ranch MPUD, for (1) a deviation
from LDC Section 5.03.02.H to provide enhanced plantings instead of a four foot wall along Workman Way; (2) a
deviation from LDC Section 5.05.05.D.2.b to allow a 4-foot wall with enhanced plantings instead of an 8-foot wall where
Facilities with Fuel Pumps are within 250 feet of residential property. The subject property consists of 7.55 +/-acres out
of the 616 +/-acre PUD located at the northwest quadrant of Oil Well Road (C.R. 858) and Hawthorn Road in Section 13,
Township 48 South, Range 27 East, Collier County, Florida. [Coordinator: Timothy Finn, Planner III] Commissioner
District 5
ATTACHMENTS:
1. Staff Report - Orange Blossom Ranch PDI
2. Attachment A - Revised PUD Text - To be adopted with HEX decision
3. Attachment B - Revised Master Plan - To be adopted with HEX decision
4. Attachment C - Original Analysis and Findings
5. Attachment D - Application-Backup Materials
6. Attachment E - Hearing Advertising Signs
7. Attachment F - Michael Stein email and photographs
Page 82 of 466
PDI-PL20250001275, Orange Blossom Ranch
Hearing Examiner (HEX) Date: 12/11/25
Page 1 of 8
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT
DEPARTMENT
HEARING DATE: DECEMBER 11, 2025
SUBJECT: PDI-PL20250001275, ORANGE BLOSSOM RANCH
PROPERTY OWNER/APPLICANT/AGENT:
Property Owner/Applicant: Agent:
Shoppes at Orange Blossom, LLC Patty Kulak
270 W. Plant St. Suite 210 RVI Planning and Landscape Architecture
Winter Garden, FL 34787 28100 Bonita Grande Dr. Suite 305
Bonita Springs, FL 34135
REQUESTED ACTION:
The applicant requests that the Hearing Examiner consider an insubstantial to Ordinance Number 04-
74, the Orange Blossom Ranch MPUD, for (1) a deviation from LDC Section 5.03.02.H to allow for
no wall in the Type D buffer along Workman Way. To offset the request, the required double staggered
hedge row within the Type D buffer shall be planted and maintained at 48”; (2) a deviation from LDC
Section 5.05.05.D.2.b to allow for no wall, and plantings consisting of four canopy trees per 100 l.f.
planted at 14’ in height, two understory trees per 100 l.f. planted at 8’ in height, and a double hedge
row, planted at 36” and maintained at 60” on a 3-foot tall berm.
GEOGRAPHIC LOCATION:
The subject property consists of 7.55+/- acres out of the 616+/- acre PUD located at the northwest
quadrant of Oil Well Road (C.R. 858) and Hawthorn Road in Section 13, Township 48 South, Range
27 East, Collier County, Florida. (See Location Map on the following page.)
Page 83 of 466
PDI-PL20250001275, Orange Blossom Ranch
Hearing Examiner (HEX) Date: 12/11/25
Page 2 of 8
Page 84 of 466
PDI-PL20250001275, Orange Blossom Ranch
Hearing Examiner (HEX) Date: 12/11/25
Page 3 of 8
PURPOSE/DESCRIPTION OF PROJECT:
The 616± acre Orange Blossom Ranch MPUD was created by Ord. 04-74 and included a 44± acre tract
designated as Commercial/Office (C/O). Ord. 04-74 permitted 1,600 residential dwelling units and
200,000 square feet of commercial office leasable area. Ord 16-31 allowed for off-site removal of
excess material associated with excavation permits and to amend the master plan to change landscape
buffers to current land development code requirements. Ord. 20-46 increased the number of permitted
dwelling units from 1,600 to 1,950; no changes were made to the 44± acre C/O tract with respect to the
amount of commercial development, its permitted uses, or its designation. Ord 23-11 changed the 43.6±
acre Commercial Office (C/O) tract to the Mixed Use (MU) tract and allowed 400 multi-family rental
dwelling units with some affordable housing on a portion of the MU tracts in addition to the allowed
200,000 square feet of commercial development, changing the total density from 1950 to 2350 dwelling
units.
The applicant requests that the Hearing Examiner consider an insubstantial change to the Orange
Blossom Ranch MPUD, Ordinance 04-74, as amended, for (1) a deviation from LDC Section 5.03.02.H
to allow for no wall in the Type D buffer along Workman Way. To offset the request, the required
double staggered hedge row within the Type D buffer shall be planted and maintained at 48”; (2) a
deviation from LDC Section 5.05.05.D.2.b to allow for no wall, and plantings consisting of four canopy
trees per 100 l.f. planted at 14’ in height, two understory trees per 100 l.f. planted at 8’ in height, and a
double hedge row, planted at 36” and maintained at 60” on a 3-foot tall berm.
LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties near the
portion of the PUD affected by the request.
North: Vacant land; to the north, developed with duplexes, with a zoning designation
of Orange Blossom Ranch MPUD (4 DU/AC), approved for commercial, office,
single-family, and multi-family dwelling units.
East: Hawthorn Rd (local road). The area is developed with single-family residential,
with a zoning designation of Orange Blossom Ranch MPUD (4 DU/AC),
approved for commercial, office, single-family, and multi-family dwelling units.
South: Oil Well Road (4-lane arterial), developed with multi-family residential with a
zoning designation of Orange Blossom Ranch MPUD (4 DU/AC), which is
approved for commercial, office, single, and multi-family dwelling units.
West: Big Corkscrew Dr (local road) currently under construction with commercial,
with a zoning designation of Orange Blossom Ranch MPUD (4 DU/AC), which
is approved for commercial, office, single, and multi-family dwelling units.
Page 85 of 466
PDI-PL20250001275, Orange Blossom Ranch
Hearing Examiner (HEX) Date: 12/11/25
Page 4 of 8
Source: Collier County Appraiser
STAFF ANALYSIS:
Comprehensive Planning: Because this application does not add uses or increase the intensity of the
previously approved uses in the Orange Blossom Ranch MPUD, it is consistent with the Future Land
Use Element (FLUE) of the GMP.
Environmental Review: Environmental staff have evaluated the proposed changes to the PUD
documents and found no issue with consistency.
Transportation Review: The Transportation Planning staff has evaluated the proposed changes to the
PUD documents and found no issue with consistency.
Landscape Review: The applicant is requesting two deviations from wall requirements. Staff
recommends approval based on the enhanced landscaping proposed.
Stormwater Review: Engineering Stormwater staff have evaluated the proposed changes to the PUD
documents and found no issue with consistency.
Page 86 of 466
PDI-PL20250001275, Orange Blossom Ranch
Hearing Examiner (HEX) Date: 12/11/25
Page 5 of 8
LDC Sections 10.02.13.E.1 and 10.02.13.E.2 set forth the criteria by which insubstantial amendments
to a PUD Master Plan and/or minor text changes to a PUD Document are to be reviewed before they
can be approved. The criteria and a response to each have been listed as follows:
LDC Section 10.02.13.E.1:
a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)?
No, there is no proposed change in the boundary of the PUD.
b. Is there a proposed increase in the total number of dwelling units, intensity of land use,
or height of buildings within the development?
No, there is no proposed increase in the number of dwelling units, intensity of land use, or
height of buildings within the development.
c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas
within the development in excess of 5% of the total acreage previously designated as such,
or five acres in area?
No, there is no proposed decrease in preservation, conservation, recreation, or open space areas
within the development as designated on the approved Master Plan.
d. Is there a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial, and industrial land uses (excluding preservation, conservation,
or open space), or a proposed relocation of non-residential land uses?
There would be no increase in the size of areas used for non-residential uses and no relocation
of the non-residential regions.
e. Is there a substantial increase in the impacts of the development, which may include, but
are not limited to, increases in traffic generation; changes in traffic circulation; or impacts
on other public facilities?
No, there are no substantial impacts resulting from this amendment.
f. Will the change result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation
Engineers?
No, there are no substantial impacts resulting from this amendment.
g. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
Page 87 of 466
PDI-PL20250001275, Orange Blossom Ranch
Hearing Examiner (HEX) Date: 12/11/25
Page 6 of 8
No, the proposed changes will not impact or increase stormwater retention or increase
stormwater discharge.
h. Will the proposed change bring about a relationship to an abutting land use that would
be incompatible with an adjacent land use?
No. There will be no incompatible relationships with abutting land uses.
i. Are there any modifications to the PUD Master Plan or PUD Document or amendments
to a PUD ordinance which is inconsistent with the Future Land Use Element or other
elements of the Growth Management Plan, or which modification would increase the
density or intensity of the permitted land uses?
No, the request does not impact the project’s compliance with the Growth Management Plan.
(GMP).
LDC Section 10.02.13.E.2:
Does this petition change the analysis of the findings and criteria used for the original
application?
No, the proposed change does not affect the original analysis and findings for the most recent
zoning action in Petition PUDA-PL20210001860. An excerpt from the staff report prepared for
that petition is attached as Attachment C.
DEVIATION DISCUSSION:
The petitioner is seeking two deviations from the LDC's requirements. The petitioner’s rationale and
staff analysis/recommendation are outlined below.
Proposed Deviation #1 (Fences and Walls)
“Deviation #1 seeks relief from LDC Section 5.03.02.H. "Fences and Walls", which requires a 4-foot-
tall wall between the commercial outparcels and the adjacent residential to the north of Workman Way,
to allow for no wall in the Type D buffer along Workman Way. To offset the request, the required
double staggered hedge row within the Type D buffer shall be planted and maintained at 48”.
Petitioner’s Justification: The Applicant requests removal of the required 4-foot wall within the 10-
foot-wide Type D buffer along the internal right-of-way separating the commercial outparcels from the
residential uses north of Workman Way. A 45-foot-wide right-of-way already provides substantial
separation between the two uses, and the adjacent residential development includes its own 10-foot-
wide Type D buffer.
Page 88 of 466
PDI-PL20250001275, Orange Blossom Ranch
Hearing Examiner (HEX) Date: 12/11/25
Page 7 of 8
The relationship with the abutting high-density residential is that of a mixed-use project that was
intended for a cohesive and integrated form of development. The uses are screened from each other by
two (2) 10’ wide Type D buffers and separated by a 45-foot-wide right-of-way.
Eliminating the wall promotes pedestrian connectivity and avoids creating a visual barrier within this
integrated, mixed-use development. To maintain compatibility and meet the intent of the Land
Development Code, the Applicant will enhance the buffer by planting the required double staggered
hedge row at four feet in height to ensure consistent and effective visual screening along the corridor.
This is a context-sensitive adjustment that maintains the intent of the Land Development Code by
providing visual and functional separation without introducing adverse impact, while acknowledging
these uses are within the same MPUD and are separated by an internal right-of-way.
The deviation represents a minimal, site-specific adjustment that supports the design intent of the
MPUD and does not negatively impact public health, safety, or welfare.
Staff Analysis and Recommendation: Zoning and Landscaping staff recommends APPROVAL of
this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that “the element may be waived without a detrimental effect on the health, safety and
welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
deviation is “justified as meeting public purposes to a degree at least equivalent to literal application
of such regulations.”
Proposed Deviation # 2 (Facilities with Fuel Pumps)
“Deviation #2 seeks relief from LDC Section 5.05.05.D.2.b, “Facilities with Fuel Pumps”, which
requires a 30-foot-wide landscape buffer with an 8-foot-tall wall, three canopy trees per 100 l.f., and a
single hedge row planted at 4’ and maintained at 5’ on both sides of the wall, where facilities with fuel
pumps are located within 250 feet of residentially zoned or residentially developed properties, to allow
for no wall, and plantings consisting of four canopy trees per 100 l.f. planted at 14’ in height, two
understory trees per 100 l.f. planted at 8’ in height, and a double hedgerow, planted at 36” and
maintained at 60” on a 3-foot tall berm.”
Petitioner’s Justification: The Applicant is requesting to modify the 8-foot wall requirement for
facilities with fuel pumps located within 250 feet of residentially zoned or developed property, as
outlined in LDC Section 5.05.05.D.2.b. The subject parcel is separated from the residential
development by an internal roadway and is situated across from a parking lot and Building 12 within
the apartment complex, providing meaningful physical and visual separation between uses.
Constructing an 8-foot masonry wall along this frontage would create a harsh visual edge at the
gateway to the commercial center and conflict with the cohesive, integrated design of the overall
development. To maintain compatibility and meet the intent of the Land Development Code, the
Applicant will plant an alternative fully opaque buffer to include a mixture of canopy trees (planted at
an enhanced 14’ in height), understory trees, and a double hedge row planted on a 3-foot-tall berm.
The combination of these plantings and berm features will ensure an effective visual screening along
the corridor in lieu of the wall.
Page 89 of 466
PDI-PL20250001275, Orange Blossom Ranch
Hearing Examiner (HEX) Date: 12/11/25
Page 8 of 8
This is a context-sensitive adjustment that maintains the intent of the Land Development Code by
providing visual and functional separation without introducing adverse impact, while acknowledging
these uses are within the same MPUD and are separated by an internal right-of-way. The deviation
will not affect public health, safety, or welfare and supports the cohesive, mixed-use character
envisioned by the Orange Blossom Ranch MPUD.
Staff Analysis and Recommendation: Zoning and Landscaping staff recommends APPROVAL of
this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that “the element may be waived without a detrimental effect on the health, safety and
welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the
deviation is “justified as meeting public purposes to a degree at least equivalent to literal application
of such regulations.”
NEIGHBORHOOD INFORMATION MEETING (NIM):
The NIM was scheduled for Wednesday, April 30, 2025, 5:30 pm at the Collier County UF/IFAS
Extension, located at 14700 Immokalee Rd, Naples, FL 34120. Patty Kulak of RVI Planning +
Landscape Architecture gave an overview of the petition, then opened the meeting to the public. There
were questions about the traffic, egress onto Workman Way, wall with landscaping, and switching
from a wall to a landscape buffer. Patty answered all questions. No commitments were made at this
meeting. A copy of the NIM summary, PowerPoint, and sign-in sheet are included in Attachment D –
Backup Materials.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20250001275.
Attachments:
A) Revised PUD Text - To be adopted with HEX decision
B) Revised Master Plan - To be adopted with HEX decision
C) Original Analysis and Findings
D) Application-Backup Materials
E) Hearing Advertising Signs
Page 90 of 466
Words added are underlined, words deleted are struck-thru ii
INDEX PAGE
List of Exhibits ii
Statement of Compliance iii
SECTION I Legal 1-1
General Description and Short Title
SECTION II Project Development 2-1
SECTION III Residential/Golf Development Areas 3-1
SECTION IV Mixed Use Area 4-1
SECTION V Community Facility 5-1
SECTION VI General Development Commitments 6-1
SECTION VII Deviations 7-1
Page 91 of 466
Words added are underlined, words deleted are struck-thru 7-1
SECTION VII
DEVIATIONS
1. Deviation #1 seeks relief from LDC Section 5.03.02.H. "Fences and Walls", which
requires a 4-foot-tall wall between the commercial outparcels and the adjacent residential
to the north of Workman Way, to allow for no wall in the Type D buffer along Workman
Way. To offset the request, the required double staggered hedge row within the Type D
buffer shall be planted and maintained at 48”.
2. Deviation #2 seeks relief from LDC Section 5.05.05.D.2.b, “Facilities with Fuel Pumps”,
which requires a 30-foot-wide landscape buffer with an 8-foot-tall wall, 3 canopy trees per
100 l.f., and a single hedgerow planted at 4’ and maintained at 5’ on both sides of the wall,
where facilities with fuel pumps are located within 250 feet of residentially zoned or
residentially developed properties, to allow for no wall, and plantings consisting of 4
canopy trees per 100 l.f. planted at 14’ in height, 2 understory trees per 100 l.f. planted at
8’ in height, and a double hedgerow, planted at 36” and maintained at 60” on a 3-foot tall
berm.
Page 92 of 466
2
1
#
1
DEVIATION
Page 93 of 466
Original Analysis and Findings – Orange Blossom Ranch PUDA,
PL20210001860
LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make
findings as to the MPUD Master Plan’s compliance with the following criteria in addition to the
findings in LDC Section 10.02.08”.
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and
access, drainage, sewer, water, and other utilities.
The subject parcel, currently undeveloped, is part of the ±616-acre Orange Blossom MPUD. The
MPUD is partially constructed with a significant amount of undeveloped land remaining. The
parcel is surrounded on the north, east and south by other parts of the MPUD; to the west are the
Palmetto Ridge Hight School and several other residential PUDs. The previously approved
200,000 square feet of commercial uses will stay unchanged.
The subject parcel lies within the northeast service area of the Collier County Water Sewer District;
there are no anticipated LOS issues for the project. The project already receives CCWSD water
and wastewater services. There are adequate water and wastewater treatment capacities to serve
the project. Any improvements to the CCWSD’s water or wastewater systems necessary to provide
sufficient capacity to serve the project will be the responsibility of the owner/developer and will
be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance.
The Traffic Impact Statement (TIS) shows that the additional 400 dwelling units may be
accommodated within the existing trip cap which has not been increased.
With sufficient infrastructure, and being surrounded by residential development, this petition is
extremely well suited for the surrounding area.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Documents submitted with the application, which were reviewed by the County Attorney’s Office,
demonstrate unified control of the property.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Page 94 of 466
County staff has reviewed and analyzed this petition for conformity with the relevant goals,
objectives, and policies of the GMP within the GMP Consistency portion of this staff report (page
5) and finds that the petition may be found consistent with the overall GMP.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
As described in the Staff Analysis section of this staff report, the proposed uses and their locations
are compatible with the MPUD and do not affect the landscaping standards of the original MPUD.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Section 2.12 of the PUD document for this petition notes that at the time of site development plan
or plat approval, the developer shall demonstrate compliance with the open space requirement (a
minimum of 10% of the MU tract) of LDC §4.02.01.B.
6. The timing or sequence of development for the purpose of ensuring the adequacy of
available improvements and facilities, both public and private.
The project already receives CCWSD water and wastewater services. There are adequate water
and wastewater treatment capacities to serve the project. Any improvements to the CCWSD’s
water or wastewater systems necessary to provide sufficient capacity to serve the project will be
the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the
County at the time of utilities acceptance. The Traffic Impact Statement (TIS) shows that the
additional 400 dwelling units may be accommodated within the existing trip cap which has not
been increased.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The project already receives CCWSD water and wastewater services. There are adequate water
and wastewater treatment capacities to serve the project. Any improvements to the CCWSD’s
water or wastewater systems necessary to provide sufficient capacity to serve the project will be
the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the
County at the time of utilities acceptance. As determined in the Transportation Element of this
report, the roadway infrastructure has sufficient capacity to serve the proposed project.
8. Conformity with MPUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications are
justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Page 95 of 466
The petitioner is not requesting any deviations to the LDC or the MPUD document in this
Amendment.
Rezone Findings:
LDC Subsection 10.02.08.F states, “When pertaining to the rezoning of land, the report and
recommendations to the Planning Commission to the Board of County Commissioners…shall
show that the Planning Commission has studied and considered the proposed change in relation to
the following, when applicable”:
1. Whether the proposed change will be consistent with the goals, objectives, and policies
of the Future Land Use Map and the elements of the GMP.
Comprehensive Planning staff determined the subject petition is consistent with the goals,
objectives, and policies of the Future Land Use Element (FLUE) and other elements of the GMP.
2. The existing land use pattern.
The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use
and Zoning section of this staff report. The proposed use would be compatible with and would not
change the existing land use patterns of the surrounding properties.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The petition will continue the planned development of the Orange Blossom MPUD adding
residential dwellings to parts of the MPUD already developed with residential dwellings. As such,
the petition will not create an isolated district.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
This petition does not propose any changes to the boundaries of the MPUD that was originally
approved by Ord. 04-74.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The petition is seeking a change in use for one tract in the MPUD, not a rezoning. The request
complies with the provisions of the LDC and, while not necessary, is being sought to meet a market
demand for housing and is within the rights of the applicant.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed amendment will be compatible with existing and neighboring development therefore
it will not adversely influence living conditions in the neighborhood.
Page 96 of 466
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
As determined in the Transportation Element of this report, the roadway infrastructure has
sufficient capacity to serve the proposed project.
8. Whether the proposed change will create a drainage problem.
The proposed MPUD Amendment request is not anticipated to create adverse drainage impacts in
the area; provided stormwater best management practices, treatment, and storage on this project
are addressed through Environmental Resource Permitting (ERP) with the South Florida Water
Management District (SFWMD). County staff will evaluate the project’s stormwater management
system, calculations, and design criteria at the time of SDP and/or PPL.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
It is not anticipated that the changes proposed in this MPUD Amendment would seriously reduce
light or air to the adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
areas.
The project’s proposed change in use is to meet an existing demand and is compatible with the
existing neighboroing homes and, therefore, should not adversely impact adjacent property values.
However, there may be internal and/or external factors which are beyond the control of the
applicant which may negatively impact surrounding property values.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
The proposed construction of 400 residential dwelling units meets all County requirements relating
to traffic, stormwater management, and potable and wastewater capacity, and will comply with all
existing regulations. The proposed project will be compatible with adjacent properties and will not
impact improvement or development of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
The development complies with the GMP, which is a public policy statement supporting zoning
actions when they are consistent with said Comprehensive Plan (GMP), therefore the proposed
amendment does not constitute a grant of special privilege. Consistency with the FLUE is further
determined to be a public welfare relationship because actions consistent with plans are in the
public interest.
Page 97 of 466
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
There are no substantial reasons why the property cannot be used in accordance with the existing
zoning; however, in the opinion of the applicant, market demand for multi-family dwellings makes
them a more attractive investment than commercial development. The requested amendment is, in
the opinion of staff, in compliance with the GMP, and is needed to allow the applicant this change
in use of the property.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
It is staff’s opinion that the proposed uses, associated development standards, and developer
commitments will ensure that the project is not out of scale with the needs of the community. If
the petition is approved, the density of the MPUD will be four dwelling units per acre which is in
keeping with the scale of development of the immediate surrounding area or the County.
15. Whether it is impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however, this
is not the determining factor when evaluating the appropriateness of a zoning decision. The petition
was reviewed on its on merit for compliance with the GMP and the LDC; staff does not review
other potential sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Any development anticipated by this amendment would require considerable site alteration as it
currently is a citrus orchard that is no longer used. This project will undergo extensive evaluation
relative to all federal, state, and local development regulations during the SDP and/or platting
processes, and again later as part of the building permit process.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Page 98 of 466
The development will have to meet all applicable criteria set forth in the LDC regarding Adequate
Public Facilities. The project must also be consistent with all applicable goals and objectives of
the GMP regarding adequate public facilities. This petition has been reviewed by county staff that
is responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff has
concluded that the developer has provided appropriate commitments so that the impacts to the
Level of Service (LOS) will be minimized. As determined in the Transportation Element of this
report, the roadway infrastructure has sufficient capacity to serve the proposed project.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of the public health, safety, and welfare.
To be determined by the Board of County Commissioners during its advertised public hearing.
Page 99 of 466
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Date: 2025.11.10 11:18:48 -05'00'Patty Kulak
Patty Kulak
Page 100 of 466
Insubstantial Change to PUD (PDI) 4/12/24 Page 1 of 4
Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400
www.colliercountyfl.gov
APPLICANTCONTACTINFORMATION
DETAIL OF REQUEST
Pursuant to LDC subsection 10.02.13, a PUD insubstantial change includes any change that is not
considered a substantial or a minor change. A PUD insubstantial change to an approved PUD
ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.2 and shall require
the review and approval of the Hearing Examiner or Planning Commission. The approval shall be
based on the findings and criteria used for the original application.
Name of Property Owner(s):
Name of Applicant if different than owner:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
Name of Agent:
Firm:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
On a separate sheet, attached to the application, describe the insubstantial change request.
Identify how the request does not meet the PUD substantial change criteria established in LDC
subsection 10.02.13 E.
INSUBSTANTIAL CHANGE to PUD (PDI)
LDC Section10.02.13
Chapter 3.E of the Administrative Code
Need Help?
GMCD Public Portal
Online Payment Guide
E-Permitting Guides
SHOPPES AT ORANGE BLOSSOM LLC
270 W. Plant St. Suite 210
Winter Garden FL 34787
(217)540-2191 (941)545-6271
dmarvin@wmgdevelopment.com
Patty Kulak
RVI Planning and Landscape Architecture
28100 Bonita Grande Dr, Suite 305 Bonita Springs FL 34135
239-908-3408 609-477-8465
pkulak@rviplanning.com
Page 101 of 466
Insubstantial Change to PUD (PDI) 4/12/24 Page 2 of 4
PUD NAME: ORDINANCE NUMBER:
FOLIO NUMBER(S):
Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be
graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD,
provide a legal description for subject portion.
Yes No
Yes No
Attach on a separate sheet, a written description of the map or text change.
Does amendment comply with the Growth Management Plan?
If no, please explain:
Has a public hearing been held on this property within the last year?
If yes, in whose name?
Has any portion of the PUD been SOLD and/or DEVELOPED?
Are any changes proposed for the area sold and/or developed? Yes No
If yes, please describe on an attached separate sheet.
Orange Blossom Ranch 2023-11
00209961160
✔
✔
✔
✔
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Insubstantial Change to PUD (PDI) 4/12/24 Page 3 of 4
SUBMITTAL REQUIREMENTS
The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at
time of application submittal. At final submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section.Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)
Pre-Application Meeting notes
ProjectNarrative,includingadetaileddescriptionofproposedchanges
and why amendment is necessary
CurrentMasterPlan&1ReducedCopy
RevisedMasterPlan&1ReducedCopy
RevisedTextandanyexhibits
PUDdocumentwithchangescrossedthrough& underlined
PUD document as revised with amended Title Page with Ordinance #
Warranty Deed
LegalDescription of area of amendment
Boundarysurvey, no older than 6 months, ifboundaryoforiginalPUDisamended
IfPUDisplatted,includeplatbookpages
Affidavit of Authorization , signed & notarized
Completed Addressing Checklist ,no older than 6 months
Property Ownership Disclosure Form
Copyof8½ in.x11 in.graphic locationmapofsite
Electroniccopyofalldocumentsandplans
*Pleaseadvise:TheOfficeoftheHearingExaminerrequiresallmaterials
to be submitted electronically in PDF format.
IflocatedinImmokaleeorseekingaffordablehousing,includeanadditionalsetof
eachsubmittal requirement.
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
•FollowingthecompletionofthereviewprocessbyCountyReviewstaff,theapplicantshallsubmit
all materials electronically to the designated project manager.
•Pleasecontacttheprojectmanagertoconfirmthenumberofadditionalcopiesrequired.
✔
✔
✔
✔
✔
✔
✔
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Insubstantial Change to PUD (PDI) 4/12/24 Page 4 of 4
FEE REQUIREMENTS
PLANNERS – INDICATEIFTHEPETITIONNEEDSTOBEROUTEDTO THE FOLLOWINGREVIEWERS:
SchoolDistrict(ResidentialComponents):Bayshore/Gateway Triangle Redevelopment:
ExecutiveDirector
Utilities Engineering:Parks andRecreation:
Emergency Management: Naples Airport Authority
ConservancyofSWFL: Immokalee Water/Sewer District:
City of Naples: Other:
PUD Amendment Insubstantial (PDI):$1,500.00
Pre-ApplicationMeeting: $500.00
EstimatedLegalAdvertisingfeefortheOfficeoftheHearingExaminer: $1,125.00
Same feeappliesifthe petitionisreferredto the CollierCountyPlanningCommission,wherethe
CCPC serves as the deciding authority instead of the HEX.
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set
forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood
Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing.
Please submit the completed application online via GMCD Public Portal.
If you need assistance submitting the application or help with payment online, please review the
E-Permitting Guides and Online Payment Guide.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this
checklist is included in this submittal package. I understand that failure to include all necessary submittal
information may result in the delay of processing this petition.
Agent/Owner Signature Date
Applicant/Owner Name (please print)
nature
1/30/2025
Craig Kopko
✔
✔
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Palisades RPUD PDI
September 16, 2025
Mr. Timothy Finn
Collier County Growth Management Division
Zoning Services
2800 North Horseshoe Drive
Naples, FL 34104
RE: Orange Blossom Ranch
Insubstantial Change to a Planned Unit Development (PDI)
Dear Mr. Finn:
Enclosed for your review is an application for an Insubstantial Change to a PUD in regard to a
7.5+/-acre commercial tract within the Orange Blossom Ranch MPUD, a 616± acre mixed use
project located on the north and south sides of Oil Well Road and west of Hawthorn Road in
unincorporated Collier County, Florida.
The request is to modify buffer standards along the northern property lines of the commercial
tract abutting Workman Way in the northwest portion of the MPUD. The request includes
modifications to the Master Plan (Exhibit C) and the addition of two (2) deviations specific to
buffer requirements for the commercial parcels.
EXISTING CONDITIONS
The Orange Blossom Ranch MPUD was originally rezoned by the Board of County
Commissioners on November 16, 2004, under Ordinance No. 04-74. Subsequent amendments,
including Ordinance Nos. 16-31, 20-46, and 2023-11, revised the zoning to allow mixed-use
development, including up to 400 multi-family rental units with affordable housing and 200,000
square feet of commercial uses.
The portion of the MPUD that is subject to this PDI request is two (2) commercial tracts totaling
7.5± acres, located north of Oil Well Road, south of Workman Way, west of Hawthorn Road, and
east of Big Corkscrew Drive. The subject property is designated as Mixed Use (MU) per the PUD
Master Plan and is south of an apartment complex, also within the MU tract.
Site Development Plans have been filed for each commercial tract, to allow for an Eating Place
on the eastern tract, and a gas station on the western tract.
REQUEST
WMG Development ("Applicant") is requesting approval of an insubstantial change to the
Orange Blossom Ranch MPUD to address buffer and screening requirements associated with
the Mixed Use (MU) tract, as outlined in Ordinance 2023-11. The request includes two (2)
deviations limited to a portion of the MU tract and will be adjacent to additional commercial uses,
and south of planned multi-family dwellings. Orange Blossom Ranch MPUD’s MU tract is
designed to serve the residents of the master planned community, reduce the need for trips
entering Oil Well Rd., and create a sense of entry into the community. As a result, the following
deviation requests ensures compatibility with adjacent residential uses while also fostering a
sense of integration with the larger MPUD:
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Palisades RPUD PDI
Deviation #1 seeks relief from LDC Section 5.03.02.H, “Fences and Walls,” which requires a 4-
foot-tall wall between commercial and residential uses. The Applicant requests to omit the
required wall within the 10-foot-wide Type D right-of-way buffer along Workman Way, located
between the commercial outparcels and the residential development to the north. A 45-foot-wide
right-of-way provides substantial separation, and the adjacent apartment site includes its own
10-foot-wide Type D buffer. To maintain compatibility and meet the intent of the Land
Development Code, the Applicant will enhance the 10-foot-wide Type D buffer by planting the
required double staggered hedge row at four feet in height to ensure consistent and effective
visual screening along the corridor.
Deviation #2 seeks relief from LDC Section 5.05.05.D.2.b, “Facilities with Fuel Pumps”, which
requires a 30-foot-wide landscape buffer with an 8-foot-tall wall, 3 canopy trees per 100 l.f., and
a single hedgerow planted at 4’ and maintained at 5’ on both sides of the wall, where facilities
with fuel pumps are located within 250 feet of residentially zoned or residentially developed
properties, to allow for no wall, and plantings consisting of 4 canopy trees per 100 l.f. planted at
14’ in height, 2 understory trees per 100 l.f. planted at 8’ in height, and a double hedgerow,
planted at 36” and maintained at 60” on a 3-foot tall berm.
These deviations represent context-sensitive, site-specific adjustments that maintain the visual,
functional, and aesthetic intent of the MPUD and the Land Development Code. The request does
not increase density, intensity, or impacts to infrastructure and remains consistent with the
Growth Management Plan and the cohesive vision for the Orange Blossom Ranch development.
See also the Deviation Justification Narrative for further explanation of the request’s consistency
with the intent of the LDC, and protection of public health, safety and welfare.
JUSTIFICATION/COMPLIANCE WITH LDC §10.02.13 E.1:
The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§
10.02.13.E.1 as follows:
a. A proposed change in the boundary of the PUD;
No, the request will not impact the existing PUD boundary.
b. A proposed increase in the total number of dwelling units or intensity of land use or height
of buildings within the development;
No, the request will not increase the approved density or intensity, or the height
of proposed buildings.
c. A proposed decrease in preservation, conservation, recreation, or open space areas
within the development not to exceed 5 percent of the total acreage previously
designated as such, or 5 acres in area;
No, the request will not result in a decrease of preserve, conservation, recreation,
or open space areas.
d. A proposed increase in the size of areas used for nonresidential uses, to include
institutional, commercial, and industrial land uses (excluding preservation, conservation,
or open spaces), or a proposed relocation of nonresidential land uses;
No, the request does not impact the size of non-residential areas or propose to
relocate such areas within the PUD boundary.
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Palisades RPUD PDI
e. A substantial increase in the impacts of the development which may include, but are not
limited to, increases in traffic generation; changes in traffic circulation; or impacts on
other public facilities;
No, the request will not result in a substantial increase in the impact of the
development and no change to density or intensity is proposed. The proposed
alternative buffering will provide opaque and substantial screening meeting the
intent of the LDC. The relationship with the abutting high density residential is that
of a mixed-use project that were intended for cohesive and integrated form of
development. The uses are screened from each other by two (2) 10’ wide Type D
buffers and separated by a right-of-way.
f. A change that will result in land use activities that generate a higher level of vehicular
traffic based upon the Trip Generation Manual published by the Institute of
Transportation Engineers;
No, the request will not generate a higher level of vehicular traffic. No change in
land use activities or intensities is being requested.
g. A change that will result in a requirement for increased stormwater retention, or will
otherwise increase stormwater discharges;
No, the request will not result in increased requirements for stormwater retention
or increase stormwater discharges.
h. A change that will bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use;
No, the request will not result in any change to the existing land use pattern,
intensity, or design that would be incompatible with adjacent properties. The
proposed deviation maintains compatibility with the surrounding residential
development by replacing the required wall with an enhanced 4’ tall double
hedgerow. This, combined with the existing 10-foot-wide Type D buffer on the
north side of the right-of-way, preserves visual screening while supporting
pedestrian connectivity and the integrated, mixed-use character of the MPUD.
i. Any modification to the PUD master plan or PUD document or amendment to a PUD
ordinance which is inconsistent with the Future Land Use Element or other element of
the Growth Management Plan or which modification would increase the density or
intensity of the permitted land uses;
No, the request does not impact the project’s compliance with the Growth
Management Plan (GMP).
j. The proposed change is to a PUD district designated as a development of regional
impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a
determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any
change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD
master plan that clearly do not create a substantial deviation shall be reviewed and
approved by Collier County under this LDC section 10.02.13; or
No, the MPUD is not within a Development of Regional Impact.
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Palisades RPUD PDI
k. Any modification in the PUD master plan or PUD document or amendment to a PUD
ordinance which impact(s) any consideration deemed to be a substantial modification as
described under this LDC section 10.02.13.
No, the request is not a substantial modification to the MPUD and may be
processed as a PDI pursuant to the LDC and Administrative Code.
The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§
10.02.13.E.2 as follows:
1. Does this petition change the analysis of findings and criteria used for the original
application?
As outlined in the original Staff Report for the PUD Rezoning of the Orange
Blossom Ranch MPUD, the proposed petition does not alter the original analysis
of findings and criteria as outlined in the staff report for the Orange Blossom
Ranch MPUD rezoning. The request does not modify the permitted land uses,
development intensities, or dimensional standards (e.g., setbacks, height, density)
established within the approved MPUD.
The two deviations requested are limited in scope and respond to specific buffer
requirements related to internal compatibility within the Mixed Use (MU) tract.
These modifications preserve the functional and visual intent of the Land
Development Code and MPUD, while maintaining compatibility with adjacent high
density residential uses. The changes support pedestrian connectivity and
cohesive design without introducing new impacts. As such, the petition remains
consistent with the Growth Management Plan and the findings that supported the
original MPUD approval.
CONCLUSION
The requested insubstantial change to the Orange Blossom Ranch MPUD complies with Collier
County’s Land Development Code and maintains alignment with the original findings and criteria
established for the development.
The modifications to the buffer requirement represent the minimal adjustment necessary to
address site-specific conditions while preserving the intent and integrity of the MPUD. This
change does not increase density, intensity, or impacts to infrastructure, nor does it alter the
PUD’s boundaries, designated uses, or compliance with the Growth Management Plan.
Should you require additional information or have any questions, please feel free to contact me
directly at (239) 908-3408 or pkulak@rviplanning.com.
Sincerely,
RVi Planning + Landscape Architecture
Patty Kulak
Project Manager
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Palisades RPUD PDI
Enclosures
cc: Darenda Marvin, WMG Development
Rachel Tracey, Atwell, LLC
Page 109 of 466
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
The Shoppes at Orange Blossom, LLC
WMG Real Estate, LLC* 100
*Please refer to Ex A for the officers and stockholders of WMG Real Estate, LLC, which is the 100% owner of The Shoppes at Orange Blossom, LLC
Page 110 of 466
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
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EXHIBIT “A”
WMG Real Estate, LLC
NAME ADDRESS PERCENTAGE OF
INTEREST
Richard E. Workman 2001 Trust
Richard E. Workman, Trustee
9800 Walzer Court
Windermere, Florida 34786
33.33%
Workman 2017 Irrevocable Trust
f/b/o Jordan M. Workman
Angela M. Workman, Trustee
9800 Walzer Court
Windermere, Florida 34786
16.67%
Workman 2017 Irrevocable Trust
f/b/o Jared R. Workman
Angela M. Workman, Trustee
9800 Walzer Court
Windermere, Florida 34786
16.66%
Workman 2017 Irrevocable Trust
f/b/o Madison A. Workman
Angela M. Workman, Trustee
9800 Walzer Court
Windermere, Florida 34786
16.66%
Workman 2017 Irrevocable Trust
f/b/o Meredith A. Workman
Angela M. Workman, Trustee
9800 Walzer Court
Windermere, Florida 34786
16.66%
LIST OF OFFICERS
Curtis Frost 270 W. Plant St., Suite 210 Manager
Winter Garden, FL 34787
Jonathan Brumleve 270 W. Plant St., Suite 210 Manager
Winter Garden, FL 34787
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Orange Blossom Ranch MPUD –Insubstantial Change (Deviation Request)
Neighborhood Meeting
Wednesday April 30, 2025, 5:30 p.m.
UF/IFAS Extension - 14700 Immokalee Rd, Naples, FL 34120
& Via Zoom (Virtual)
A Neighborhood Information Meeting for the Orange Blossom Ranch MPUD
insubstantial change request was held in person at the community clubhouse on
Wednesday April 30, 2025, at 5:30 p.m. The purpose of the meeting was to present and
gather feedback on two proposed deviations related to buffer wall requirements on the
mixed-use tract of the development. Representatives from the applicant’s team,
including planning consultants, attended and provided a summary of the request.
During the meeting, attendees asked for clarification regarding the exact locations of
the proposed deviations, the reasoning behind omitting the wall, and how these changes
may affect safety, visibility, and neighborhood walkability. The applicant team
explained that the deviations apply only to specific commercial parcels and are intended
to maintain compatibility with adjacent residential areas while supporting the
community’s cohesive design. The team confirmed that pedestrian connections would
remain intact and that enhanced landscaping would provide appropriate screening.
Attendees were also informed that the petition would move to public hearings following
County staff review. The applicant concluded the meeting by thanking participants and
offering contact information for any follow-up questions.
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ORANGE BLOSSOM RANCHINSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI)Neighborhood Information MeetingApril 30, 2025ORANGE BLOSSOM RANCH PDIPage 117 of 466
ORANGE BLOSSOM RANCH PDI•9.32+/- Acre Site• North of Oil Well Road • West of Hawthorn Road• Approved for Commercial Outparcel DevelopmentsPROPERTY OVERVIEW2Page 118 of 466
ORANGE BLOSSOM RANCH PDI• MPUD originally rezoned in 2004 • Mixed-use designation includes multi-family and commercial uses• Subject area is platted, cleared, and partially improved• Infrastructure and water management systems are in place for developmentPROPERTY HISTORY3Page 119 of 466
ORANGE BLOSSOM RANCH PDI•Deviation #1: Remove 4-foot wall within 10' Type D buffer along Workman Way•Deviation #2: Modify 8-foot wall requirement for fuel facility parcel•Enhanced landscaping proposed in both cases•Supports connectivity and aesthetic integration with existing Residential CommunityREQUEST SUMMARY4Page 120 of 466
ORANGE BLOSSOM RANCH PDI•Relief from LDC Section 5.03.02.H 'Fences and Walls’•45-foot-wide right-of-way + existing 10' Type D buffer north of Workman Way•Applicant will install a matching 10' Type D buffer without a wall•Promotes pedestrian connectivity and open community designDEVIATION #1:5Page 121 of 466
ORANGE BLOSSOM RANCH PDI•Relief from LDC Section 5.05.05.D.2.b 'Facilities with Fuel Pumps’•Requires 8-foot wall within 250 feet of residential•Applicant proposes 4-foot wall + enhanced landscaping•Site context: separated by internal road, adjacent to parking and apartment building•Landscaping will maintain visual screening and site aestheticsDEVIATION #2:6Page 122 of 466
ORANGE BLOSSOM RANCH PDI•Continue Ongoing Neighborhood Coordination•Resubmit PDI application to County Staff for review•Public Hearing with Collier County Hearing Examiner (HEX) NEXT STEPS7Page 123 of 466
CONTACT USORANGE BLOSSOM RANCH PDI8PKULAK@RVIPLANNING.COMOFFICE: 239-908-3408Page 124 of 466
Page 1
Orange Blossom Ranch PDI
Deviations and Justifications
Deviation #1 seeks relief from LDC Section 5.03.02.H. "Fences and Walls", which requires a
4-foot-tall wall between the commercial outparcels and the adjacent residential to the north
of Workman Way, to allow for no wall in the Type D buffer along Workman Way. To offset the
request, the required double staggered hedge row within the Type D buffer shall be planted
and maintained at 48”.
Justification: The Applicant is requesting to remove the required 4-foot wall within the 10-
foot-wide Type D buffer along the internal right-of-way that separates the commercial
outparcels from the residential uses north of Workman Way. A 45-foot-wide right-of-way
already provides substantial separation between the two uses, and the adjacent residential
development includes its own 10-foot-wide Type D buffer.
The relationship with the abutting high density residential is that of a mixed-use project that
were intended for cohesive and integrated form of development. The uses are screened from
each other by two (2) 10’ wide Type D buffers and separated by a 45-foot-wide right-of-way.
Eliminating the wall promotes pedestrian connectivity and avoids creating a visual barrier
within this integrated, mixed-use development. To maintain compatibility and meet the intent
of the Land Development Code, the Applicant will enhance the buffer by planting the required
double staggered hedge row will be planted at four feet high to ensure consistent and
effective visual screening along the corridor.
This is a context-sensitive adjustment that maintains the intent of the Land Development
Code by providing visual and functional separation without introducing adverse impact, while
acknowledging these uses are within the same MPUD and are separated by an internal right-
of-way.
The deviation represents a minimal, site-specific adjustment that supports the design intent
of the MPUD and does not negatively impact public health, safety, or welfare.
Deviation #2 seeks relief from LDC Section 5.05.05.D.2.b, “Facilities with Fuel Pumps”, which
requires a 30-foot-wide landscape buffer with an 8-foot-tall wall, 3 canopy trees per 100 l.f.,
and a single hedgerow planted at 4’ and maintained at 5’ on both sides of the wall, where
facilities with fuel pumps are located within 250 feet of residentially zoned or residentially
developed properties, to allow for no wall, and plantings consisting of 4 canopy trees per 100
l.f. planted at 14’ in height, 2 understory trees per 100 l.f. planted at 8’ in height, and a double
hedgerow, planted at 36” and maintained at 60” on a 3-foot tall berm.
Justification: The Applicant is requesting to modify the 8-foot wall requirement for facilities
with fuel pumps located within 250 feet of residentially zoned or developed property, as
outlined in LDC Section 5.05.05.D.2.b. The subject parcel is separated from the residential
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Orange Blossom Ranch PDI
Deviations and Justifications
Page 2 of 2
development by an internal roadway and is situated across from a parking lot and Building
12 within the apartment complex, providing meaningful physical and visual separation
between uses.
Constructing an 8-foot masonry wall along this frontage would create a harsh visual edge at
the gateway to the commercial center and conflict with the cohesive, integrated design of the
overall development. To maintain compatibility and meet the intent of the Land Development
Code, the Applicant will plant an alternative fully opaque buffer to include a mixture of canopy
trees (planted at an enhanced 14’ in height), understory trees, and a double hedgerow
planted on a 3-foot-tall berm. The combination of these plantings and berm feature will ensure
an effective visual screening along the corridor in lieu of the wall.
This is a context-sensitive adjustment that maintains the intent of the Land Development
Code by providing visual and functional separation without introducing adverse impact, while
acknowledging these uses are within the same MPUD and are separated by an internal right-
of-way. The deviation will not affect public health, safety, or welfare and supports the
cohesive, mixed-use character envisioned by the Orange Blossom Ranch MPUD.
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STORMWATER CONVEYANCEPage 128 of 466
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IQ(F)IQ(F)IQ(F)IQ(F)IQ(F)IQ(F)IQ(F)IQ(F)IQ(F)IQ(F)IQ(F)()810106789926995666.005.5016.1016.2017.30 MEG17.30 MEG16.8016.8015.7515.7015.7515.70BIG CORKSCREW ISLANDWEST BUFFER
Planned Unit Development (M.P.U.D.)
10' TYPE 'D' BUFFER REQUIRED SOUTH BUFFER #2Planned Unit Development (M.P.U.D.)20' TYPE 'D' BUFFER REQUIREDOIL WELL ROADEAST BUFFER #2
Planned Unit Development (M.P.U.D.)
10' TYPE 'D' BUFFER REQUIRED
NORTH BUFFER #2Planned Unit Development (M.P.U.D.)10' TYPE 'D' BUFFER REQUIRED PER DIVIATION #1TO BE PROVIDED AT TIME OF LOT PERMITTING NORTH BUFFERPlanned Unit Development (M.P.U.D.)10' TYPE 'D' BUFFER REQUIRED PER DEVIATION#1 AND #2TO BE PROVIDED AT TIME OF LOT PERMITTINGWEST BUFFER #2
Planned Unit Development (M.P.U.D.)
10' TYPE 'D' BUFFER REQUIRED
TO BE PROVIDED AT TIME OF LOT PERMITTING
EAST BUFFER
Planned Unit Development (M.P.U.D.)
10' TYPE 'D' BUFFER REQUIRED
TO BE PROVIDED AT TIME OF LOT PERMITTING2 - QUE VI3Existing to be removedExisting to remain4 - QUE VI22 - ROY ELAExisting to remain5 - SAB SA3Existing to remainOIL WELL ROAD30'X 30' SIGHT TRIANGLE(PER LDC 4.06.01.d)30'X 30' SIGHT TRIANGLE(PER LDC 4.06.01.d)30'X 30' SIGHT TRIANGLE(PER LDC 4.06.01.d)30'X 30' SIGHT TRIANGLE(PER LDC 4.06.01.d)30'X 30' SIGHT TRIANGLE(PER LDC 4.06.01.d)30'X 30' SIGHT TRIANGLE(PER LDC 4.06.01.d)10'X 10' SIGHT TRIANGLE(PER LDC )20'X10' SIGHT TRIANGLE(PER LDC )12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MINOIL WELL ROAD12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MINLANDSCAPECALCULATIONSPLANL - 1SCALE 1" = 60'0' 30'60'120' 180'PLAN SCALE REDUCED WHEN PRINTED 11x17INTERNAL UTILITY EASEMENT - NO TREES OR LARGESHRUBS SHALL BE PLANTED INSIDE THESE ZONES.ALL TREES IN ISLANDS ARE LOCATED OUTSIDE OFEASEMENT, MIN. 10' FROM BACK OF CURBLANDSCAPE CALCULATIONS PLANTree Species Mix:MID ZONE; 75% Native Trees and 50% Native Shrubs required.97% Native trees and 81% Native Shrubs proposed.+41 --> Minimum 5 Tree Species RequiredEAST bUFFER #2 PLANNED DEVELOPMENT (M.p.u.d.) TOR.O.W10' TYPE 'D' BUFFER REQUIRED, WITH TREESNOT TO EXCEED 30' ON CENTER and acontinuous DOUBLE hedgerow AT 24"Height, 3' on center is required.150' / 30' = 5 TREES REQUIRED ANDPROVIDED150' / 3X2 = 100 shrubs required, 106PROVIDEDWEST bUFFER #2 PLANNED DEVELOPMENT (M.p.u.d.) TOR.O.W10' TYPE 'D' BUFFER REQUIRED, WITH TREESNOT TO EXCEED 30' ON CENTER and acontinuous DOUBLE hedgerow AT 24"Height, 3' on center is required.210' / 30' = 7 TREES REQUIRED ANDPROVIDED210' / 3X2 = 140 shrubs requirednorth bUFFER #2 PLANNED DEVELOPMENT (M.p.u.d.) TOR.O.W10' TYPE 'D' BUFFER REQUIRED, WITH TREESNOT TO EXCEED 30' ON CENTER and acontinuous DOUBLE hedgerow AT 48"Height, 3' on center is required.maintain at 48" ht. minimum.525' / 30' = 18 TREES REQUIRED ANDPROVIDED525' / 3X2 = 350 shrubs requiredSHRUBS TO BE PLANTED AT 3' HTS ANDMAINTAINED AT A MINIMUM OF 4' HT.2 UNDERSTORY TREES PER 100 LF.525' /100'X2 = 11 TREES REQUIRED ANDPROVIDEDsouth bUFFER #2PLANNED DEVELOPMENT (M.p.u.d.) TOR.O.W20' TYPE 'D' BUFFER REQUIRED, WITHTREES NOT TO EXCEED 30' ON CENTERand a continuous DOUBLE hedgerow AT24" Height, 3' on center is required.560' / 30' = 19 TREES REQUIRED andprovided, LABELED AS SOUTH buffer(S.b.).560' / 3X2 = 373 shrubs required and373 provided, LABELED AS, SOUTHbuffer (S.b.).OUTPARCELS INTERNAL BUFFERS15' SHARED TYPE 'A'146 LF /30= 4 TREES FOR EACH BUFFER4 TREES ON EACH OUT PARCEL SIDE LOTLINE.OUTPARCEL 1 REQUIRES 4 TREESOUT PARCEL 2 REQUIRES 4 TREES ON EACHSIDE LOTOUT PARCEL 3 REQUIRES 4 TREESnote: southern buffer plantingsproposed underPL20230001275.PLANTINGS HAVE BEEN ADJUSTED ASNEEDED FOR LIGHTING AND SIGNAGELOCATIONS. Install plantings toprovide 2' overhang for parking.PLAN NOTE:PLAN PREPARED FOR CODE MINIMUM PERMITTINGREQUIREMENTS ONLY. VERIFY WITH OWNER ADDITIONALPLANTINGS, PROVIDED BY OTHERS, TO BE INSTALLED ATOPTION OF THE OWNER. ANY MODIFICATIONS TO CODEPLANTINGS SHALL REQUIRE A PERMIT MODIFICATION.Plant Material Standards.1. Quality. Plant materials used to meet the requirements of thissection shall meet the standards for Florida No. 1 or better,as set out in Grades and Standards for Nursery Plants,part I and part II, Department of Agricultural, State ofFlorida (as amended). Root ball sizes on all transplantedplant materials shall also meet state standards.a. For sites South and West of US-41 all required landscapingshall be 100% native species as determined by acceptedvalid scientific reference.For sites South and West of I-75 and North and East of US-41, aminimum of 75% native trees and 50% Native shrubs arerequired.For sites North and East of I-75, a minimum of 75% native treesand 35% native shrubs are required. (Link to "RecommendedCollier County Native Plant list" and "Native RequiredPlanting Map").b. In addition, for all sites, at least 75 percent of the trees andshrubs used to fulfill these requirements shall bedrought-tolerant species as listed in the Xeriscape PlantGuide and Native Trees and Trees for South Florida (IFAS).Reference used in the native determination of native speciesmay include, but not be limited to:Long, R.W., and O. Lakela, 1976. A Flora of Tropical Florida.Small, J.K., 1933. A Manual of the Southeastern Flora.Wunderlin, R.P., 1982. Guide to the Vascular Plants of CentralFlorida.COLLIER COUNTY REQUIREMENT FOR ROOT BARRIER:-WHEN TREES ARE PLANTED WITHIN TEN FEET (10') OF CURB, PAVED AREA,SIDEWALKS OR UNDERGROUND UTILITIES.-WHEN TREES ARE PLANTED WITHIN FIFTEEN FEET (15') OF BUILDING FACE.ROOT BARRIER, WHEN REQUIRED, SHALL BE PROVIDED AS SHOWNSite DataDevelopment Note: PlannedDevelopment, (MPUD), ORD.#: 04-74 as amended PUDA-PL-2021-1860Parcel #:xZoning: Orange Blossom Ranch MPUDLanduse: CommercialProject Area:(THIS SUBMITTAL) 149,080 S.F.(3.42 Ac.)General Landscape Requirements(4.06.05.B.1) commercial Developments require treePER 1/ 3,000 S.F. of pervious site area.bld. site #1= 63,265 sf (19,196 SF PERVIOUS/3,000 sf) = 7 trees required and 7provided.bld. site #2= 41,315 sf (13,121 SF PERVIOUS/3,000 sf) = 5 trees required and 5provided.bld. site #3 = 44,500 sf (17,838 SF PERVIOUS/3,000 sf) = 6 trees required and 6provided.Vehicle Use Area (V.U.A.) LandscapeRequirements(4.06.03.B.1)10% of V.U.A. to be provided as interiorlandscaping areasOne (1) tree required per 250 s.f. ofrequired interior landscaping area.bld. site #1 = 32,640 sf x 10% = 3,264 s.f.required and 4,500 sf provided.3,264 /250= 13 trees required andprovided.bld. site #2= 21,640 sf x 10% = 2,164 s.f.required and 3,070 sf provided.2,164 /250= 9 trees required andprovided.bld. site #3 = 16,700 sf x 10% = 1,670 s.f.required and 1,690 sf provided.1,670 /250= 7 trees required andprovided.Building Foundation PlantingRequirements (4.06.05.C.)BUILDING WITH FOOTPRINT UNDER 10,000 S.F.:LDC 4.06.05.CBuilding foundation plantings. Allcommercial buildings, residentialbuildings with 3 or more units, and retailand office uses in industrial buildingsshall provide building foundationplantings in the amount set forth intable 4.06.05.C. and illustration4.06.05.C. These planting areas shall belocated adjacent to buildingentrance(s), primary façades, and/oralong façades facing a street. Forprojects subject to architecturaldesign standards, see LDC sections5.05.08 E.—F. for related provisions.1. Retail and office buildings shallhave foundation plantings on atleast 3 building façades. Plantingsshall occur along at least 30percent of each these façadelengths.2. Minimum planting area width fortrees and palms shall be 8 feet.3. Building foundation plantings shallbe covered with shrub, groundcover, raised planter boxes, andornamental grass plantings,except as provided in item 10.below.section: 5.05.08.f.1: providing for.Twoaccent or specimen trees above theminimum landscape code requirementsfor every 100 feet of the front faCAde,and a minimum of two for the rest of theproject, with a minimum height of 18 feetat planting;BLDG.BLDH. perimiter x 25% x 10' width = s.f.total area required 10' HT. trees andpalms required at 1 per 300 s.f.ALL BUILDING FOUNDATION PLANTING AREAS,ARE A MINIMUM OF FIVE FEET WIDE.bldg #1 = 100+100+80+80=360 x 25% x 10'width =900 s.f. required and 1,495 sfprovided.BLDG #1 FRONTAGE = 100' /100' = 2 TREESREQUIRED AND PROVIDED5.05.08- architectural and site design standardsF. Site design standards. Compliance with the standards set forth inthis section must be demonstrated by submittal of architecturaldrawings and a site development plan in accordance with theAdministrative Code and LDC section 10.02.03.1. Site design elements. Please see LDC section 4.06.00Landscaping, Buffering, and Vegetation for landscapingstandards and section 5.05.08 D.12. for entryway/customerentrance treatment requirements.All projects must have, at a minimum, one of the following:a. Decorative landscape planters or planting areas, aminimum of five feet wide, and areas for shaded seatingconsisting of aminimum of 100 square feet;b. Integration of specialty pavers, tile, or stamped ordecorative concrete along the building perimeterwalkway. This treatment must constitute a minimum of 60percent of walkway area;c. Two accent or specimen trees above the minimumlandscape code requirements for every 100 feet of thefront façade, and a minimum of two for the rest of theproject, with a minimum height of 18 feet at planting; ord. Site sculptures and/or water features including fountains.**pertains to building lot 3 onlyCALL 48 HOURSBEFORE YOU DIGIT'S THE LAW!DIAL 811Know what's BELOW.Call before you dig.811SUNSHINE STATE ONE CALL OF FLORIDA, INC.GREGORY J. DISERIO, RLARLA NO. 840 DATE:STATE OF FLORIDASHEET TITLE:SHEET NUMBER:ISSUED DATE:FAX (239) 337-4494AND ASSOCIATES, INC.LANDSCAPE ARCHITECTS Fort Myers, Florida 339012221 McGregor Blvd. PHONE: (239) 337-5525 L.A. LICENSE: LC COOOO63CONSULTANT:DAVID M. JONES, JR. AND PLANNERSPROJECT INFORMATION:DESIGN PROFESSIONAL:PROJECT NO.PREPARED FOR:REVISIONS:PROJECT MJR:FILE NAME:DESIGNER:CAD TECH:CHECKED BY:ISSUED FOR:DMJAGJDGJDJAN. 10, 2025ORANGEBLOSSOMRANCH OUTPARCELS-EASTOIL WELL ROAD,COLLIER COUNTY,FLORIDA224223 O.B.OUTPARCEL E. LSGJDGJDAtwell, LLC10511 Six Mile CypressParkwayFort Myers, FL 33966Tel:239-939-5490SITE PERMITAPRIL 18, 2025 RAI RESPONSEMAY 6, 2025 ENHANCED BUFFERJUNE 18, 2025 ZONING BUFFERS3AUG 24, 2025 RAI RESPONSE4SEPT 16, 2025 DEVIATIONS533333Collier County LandscapeCalculationsbldg #2 = 70+70+40+40=220 x 25%x 10' width = 550 s.f. requiredand 1,120 sf providedBLDG #2 FRONTAGE = 35' /100'2=TREE REQUIRED AND PROVIDEDbldg #3 = 120+120+60+60=360 x25% x 10' width = 900 s.f.required and 1,350 sf provided.BLDG #3 FRONTAGE = 123' /100' = 2TREES REQUIRED AND PROVIDEDPLUS 2 TREES FOR THE OVERALLDEVELOPMENT344444555Page 130 of 466
LANDSCAPEDETAILS, NOTES ANDMASTER PLANT LISTL - 2INTERNAL UTILITY EASEMENT - NO TREES OR LARGESHRUBS SHALL BE PLANTED INSIDE THESE ZONES.ALL TREES IN ISLANDS ARE LOCATED OUTSIDE OFEASEMENT, MIN. 10' FROM BACK OF CURBExotic Vegetation Removal Note:Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auriculiformis), Australian pine (Casuarina spp.),Melaleuca (Melaleuca spp.), Catclaw mimose (Minosa pigra), Downy rosemyrtle (Rhodomyrtus tomentosa), Brazilian pepper (Schinusterebinthifolius), Java plum (Syzygium cumini), Women's tongue (Albizia lebbeck), Climbing fern (Lygodium spp.), Air potato (Dioscoreabulbifera), Lather leaf (Colubrina asiatica), Carrotwood (Cupaniopsis anacardioides)A. General.1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order .2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation , in accord with the provisionsof LDC section 3.05.04.3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes:a. From all rights-of-way , common area tracts not proposed for development , and easements prior to preliminary acceptance of each phase of the required subdivision improvements.b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase.c. From all golf course fairways, roughs, and adjacent open space /natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility.d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy.4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more,property owners shall, prior to subsequent use of such land or water or structure , conform to the regulations specified bythis section.5. Verification of prohibited exotic vegetation removal shall be performed by the County Manager or designee.6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental ProtectionAgency. Any person who supervises up to eight (8) people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation in preserves, required retained native vegetation areas, wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated. When prohibited exotic vegetation is removed,but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied.B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the County Manager or designee for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order . This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constituteviolation of this section. The County Manager or designee shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section.C. Applicability to new structures and to additions on single-family and two-family lots . In addition to the other requirements of thissection, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots . This shall not apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not having a roof impervious to weather. This shall not apply to interior remodeling of any existing structure. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetationremoval permit, subject to the provisions in LDC section 3.05.02 F. and G., prohibited exotic vegetation may be removed prior to issuance of a building permit.D. Exceptions. Prohibited exotic vegetation may remain on property when the County Manager or designee receives a request from the property owner to retain the vegetation. The County Manager or designee shall approve such a request upon finding that at least one of the following criteria has been met.1. The prohibited exotic vegetation has been previously approved through the County development review process and planted in accordance with the landscape requirements at the time of final local development order approval.2. The subject lot is developed with, or proposed to be developed with, a single family dwelling unit, and:a. is not within the RFMU Sending Lands overlay district; andb. is not within a NRPA overlay district; andc. is not located on a undeveloped coastal barrier island; andd. the vegetation requested to be retained is an existing Java plum tree(s) that has attained a single-trunk diameter atbreast height (DBH) of 18 inches or more.3. The prohibited exotic vegetation contains a nest of a bald eagle. Where such vegetation occurs within a bald eagle nestprotection zone, removal shall be in accordance with the FWC Bald Eagle Management Plan and FWC Bald Eagle Management Guidelines, or as otherwise permitted by the FWC and/or USFWS. Where a bald eagle nest is determined to be "lost" as defined by the FWC, such vegetation shall be removed as required by LDC section 3.05.08.GENERAL LANDSCAPE NOTES1. THE QUALITY OF ALL PLANT MATERIAL WILL MEET THE STANDARDS FOR FLORIDA GRADE NO.1 (or better), ASGOVERNED IN "GRADES AND STANDARDS FOR NURSERY PLANTS".2. ALL PLANTED TREES AND PALMS WILL HAVE A 3" DEEP SAUCER CONSTRUCTED FROM THE TRUNK OF THE TREEOR PALM. MINIMUM OF 4' DIAMETER.3. ALL PLANTING BEDS SHALL BE COVERED WITH A 3" MINIMUM DEPTH OF MULCH AND SHALL BE WEED FREE.MULCH SHALL BE GRADE B OR BETTER AND NOT CONTAIN MORE THAN 25% CYPRESS MATERIAL. CONTRACTORSHALL REMOVE ANY VEGETATIVE GROWTH AND APPLY A PRE-EMERGENT WEED KILLER PER SPECIFICATIONSPRIOR TO MULCHING.4. NO CODE REQUIRED PLANTINGS SHALL BE INSTALLED IN EASEMENTS.5. ANY AND ALL EXOTIC VEGETATION INCLUDING: EARLEAF ACACIA, WOMAN'S TONGUE, BISHOPWOOD,AUSTRAILIAN PINE, CARROTWOOD, ROSEWOOD, AIR POTATO, MURRAY RED GUM, WEEPING FIG, CUBAN LAURELFIG, JAPANESE CLIMBING FERN, OLD WORD CLIMBING FERN, MELALEUCA, DOWNY ROSE MYRTLE, CHINESETALLOW, BRAZILLIAN PEPPER, FLORIDA HOLLY, TROPICAL SODA APPLE, JAVA PLUM, ROSE APPLE, CORK TREEAND WEDELIA, ON THE PROPERTY SHALL BE COMPLETELY REMOVED AND DISPOSED OF OFF SITE BY THECONTRACTOR. THE SITE SHALL BE MAINTAINED FREE OF INVASIVE EXOTIC VEGETATION IN PERPETUITY.6. TREES SHALL BE A MINIMUM OF 10' IN HEIGHT WITH A 1.75" CALIPER MEASURED AT 1' ABOVE GROUND LEVELWITH A FOUR FOOT CANOPY.7. REFER TO LANDSCAPE SPECIFICATIONS FOR ADDITIONAL LANDSCAPE REQUIREMENTS.8. REFER TO ENGINEERING PLANS FOR ADDITIONAL SPECIFICATIONS.9. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR FAMILIARIZING THEMSELVES WITH THELOCATIONS OF ALL UTILITIES AND ALL SITE CONDITIONS PRIOR TO THE START OF LANDSCAPE INSTALLATION.10. FERTILIZER SHALL BE IN ACCORDANCE WITH SPECIFICATIONS AND LOCAL ORDINANCES.11. IT SHALL BE THE RESPONSIBILITY OF THE LANDSCAPE CONTRACTOR TO FINE GRADE ALL PLANTING ANDSODDING AREAS PRIOR TO PLANT OR SOD INSTALLATION. CONTRACTOR SHALL OBTAIN OWNER APPROVAL OFFINAL GRADES.12. CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLETE TAKEOFFS. PLANT LIST IS PROVIDED FOR REFERENCEONLY.13. CONTRACTOR SHALL BE RESPONSIBLE FOR LANDSCAPE MAINTENANCE UNTIL FINAL ACCEPTANCE AND WORKSHALL BE IN COMPLIANCE WITH SPECIFICATIONS.14. CONTRACTOR SHALL REMOVE ALL TAGS, TAPE AND SUPPORTS (EXCEPT STAKING GUYS) FROM ALL PLANTINGSPRIOR TO FINAL ACCEPTANCE.15. ALL AREAS OF THE SITE SHALL BE SODDED OR SEEDED IN ACCORDANCE WITH PLANS.16. THE REQUIRED PLANTINGS SHALL BE IRRIGATED IN ACCORDANCE WITH COUNTY REQUIREMENTS. THEEXISTING IRRIGATION SYSTEM SHALL PROVIDE SUFFICIENT IRRIGATION TO ALL REQUIRED PLANTINGS ANDSHALL BE MAINTAINED AS NEEDED TO PROVIDE DESIGNED COVERAGE.17. THE PARKING LOTS SHALL BE SLEEVED FOR IRRIGATION BY THE LANDSCAPE CONTRACTOR. COORDINATEWITH CIVIL ENGINEERING PLANS.18. ALL BASE ROCK SHALL BE REMOVED FROM LANDSCAPE PARKING ISLANDS.19. ALL CODE REQUIRED LANDSCAPING SHALL BE IRRIGATED WITH AN AUTOMATIC IRRIGATION SYSTEM, SUPPLIEDBY ON-SITE WELL, PROVIDED BY OWNER. SYSTEM TO INCLUDE A RAIN SWITCH SHUT OFF.20. THE CONTRACTOR SHALL PROVIDE (PRESSURE COMPENSATING SCREENS) AS NECESSARY TO REDUCE ORELIMINATE OVERSPRAY INTO STREETS, WALKS OR OTHER AREAS AS DICTATED BY THE OWNER'S AUTHORIZEDREPRESENTATIVE.21. CONTRACTOR TO PROVIDE BACKFLOW DEVICE AND METERING AS REQUIRED BY COLLIER COUNTY UTILITIES, IFIRRIGATION WATER IS TO BE PROVIDED BY PUBLIC SERVICES.Collier County Public utility ancillary system landscaping requirements. Screening and buffering requirements are to be limited to the areasurrounding the public utility ancillary system . Ancillary systems that are physically located on a water or wastewater treatment propertyare not required to be individually fenced and landscaped. Existing, previously permitted public utility ancillary systems are not requiredto meet the landscaping requirements of this section if an SDPI application is required for modifications. A public utility ancillary systemrequiring an SDPA will need to meet the landscaping requirements of Section 4.06.00. Canopy trees as described in section 4.06.05B.1., will not be required. Projections visible above the fence or wall shall be screened from view by Sabal palms with a minimum cleartrunk height of 8 to 12 feet. Palms may be replaced or supplemented with native trees to enhance screening. Each palm shall be planted10 feet on center around the perimeter of the fence or wall. Surrounding fences or walls must have, at a minimum, ten-gallon shrubs, 5feet tall at the time of planting, placed 4 feet on center along the exterior perimeter of the surrounding fence or wall. Public utility ancillary systems enclosed in buildings without perimeter fences or walls must have, at a minimum, 2 rows of three-gallonshrubs, 2 feet tall at the time of planting, placed 3 feet on center and offset between rows. In all cases, mature vegetation must providean 80 percent sight-obscuring screen equal to 75 percent.CALL 48 HOURSBEFORE YOU DIGIT'S THE LAW!DIAL 811Know what's BELOW.Call before you dig.811SUNSHINE STATE ONE CALL OF FLORIDA, INC.GREGORY J. DISERIO, RLARLA NO. 840 DATE:STATE OF FLORIDASHEET TITLE:SHEET NUMBER:ISSUED DATE:FAX (239) 337-4494AND ASSOCIATES, INC.LANDSCAPE ARCHITECTS Fort Myers, Florida 339012221 McGregor Blvd. PHONE: (239) 337-5525 L.A. LICENSE: LC COOOO63CONSULTANT:DAVID M. JONES, JR. AND PLANNERSPROJECT INFORMATION:DESIGN PROFESSIONAL:PROJECT NO.PREPARED FOR:REVISIONS:PROJECT MJR:FILE NAME:DESIGNER:CAD TECH:CHECKED BY:ISSUED FOR:DMJAGJDGJDJAN. 10, 2025ORANGEBLOSSOMRANCH OUTPARCELS-EASTOIL WELL ROAD,COLLIER COUNTY,FLORIDA224223 O.B.OUTPARCEL E. LSGJDGJDAtwell, LLC10511 Six Mile CypressParkwayFort Myers, FL 33966Tel:239-939-5490SITE PERMITAPRIL 18, 2025 RAI RESPONSEMAY 6, 2025 ENHANCED BUFFERJUNE 18, 2025 ZONING BUFFERS3AUG 24, 2025 RAI RESPONSE4SEPT 16, 2025 DEVIATIONS5ATREE PLANTING DETAILNOT TO SCALETrunk caliper shallmeet ANSI Z60 currentedition for root ball size.Modified soil.Depth varies. (See soilpreparation plan).Finished grade.Bottom of root ball rests onexisting or recompactedsoil.Central leader. (See crownobservations detail).SECTION VIEWRoot ball modified asrequired. Round-topped soil berm 4" high x 8" wideabove root ball surfaceshall be constructed aroundthe root ball. Berm shallbegin at root ball periphery.Top of root ball shall beflush withfinished grade.Prior to mulching, lightly tampsoilaround the root ball in 6" lifts tobrace tree. Do not over compact.When the planting hole has beenbackfilled, pour water around theroot ball to settle the soil.4" layer of mulch.No more than 1" ofmulch ontop of root ball. (Seespecifications for mulch).Notes:1- Trees shall be ofquality prescribed incrown observations androot observations detailsand specifications.2- See L-1 for rootbarrier requirements,when applicable.Existing soil.L_tree planting_unmodified soil BTREE PLANTING ON SLOPE NOT TO SCALEL_tree planting_slope_unmodified soil Existing soil.TrunkRound-topped soil berm 6" highx 8" wide above root ball surfaceshall be centered on the downhillside of the root ball for 240°.Berm shall begin at root ballperiphery.Original grade.Bottom of root ball rests onexisting, loosened soil.SECTION VIEWOriginal slope should passthrough the point where thetrunk base / top of rootballmeets substrate/soil.(SLOPE VARIES) Do not over compact backfill.When the planting holehas been backfilled, pourwater around the root ball tosettle the soil.Root ball modified as required.No mulch on top of root ball,when planted inretention/detention areas.SodSlope sides of loosened soilarea.3x widest dimension of root ballLoosened soil. Dig and turnthe soil to reduce compactionto the area and depth shown.CTREE STAKING - LODGE POLES NOT TO SCALEL_tree staking_lodgepoles x 3SECTION VIEW6'-0"2'-0"Two (2") to three (3") two inch lodgepolestakes may be used. Installapproximately 2" away from theedge of the rootball.Stake location shall notinterfere with permanent branches.32" long non-abrasiverubber ties.PLAN VIEWRubber tree ties.Lodge pole stakes.Remove nursery stake. Ifcentral leader needs to bestraightened or held erect, it isacceptable to attach a 12" x 8'bamboo pole to the central leaderand trunk.Prevailingwind.(CABBAGE PALMS ONLY)AND BUD 6"-8" FROM EMERGENCECUT OFF ALL FRONDSCUT OFF UNOPENED FRONDS.BANDING IN TWO PLACESAND NOT INTO TRUNKMINIMUM 3-2"x4" BRACES120 APARTTOE NAIL 2"-4" TO BATTEN5-2"X4"X16" BATTENS2"x4"x30" STAKEFINISH GRADEPALMATE PALM DETAIL: CIGAR CUT3X ROOT BALL SIZEINSTALL SUMP IN AREAS WHERE SOIL ISCOMPACTED AND/OR WATER TABLE IS 24" BELOWFINISHED GRADE OR LESS.DEPTH OF SUMP TO BE EQUAL TO DEPTH OFPOORLY DRAINED SOILS OR 48" WHICHEVER ISGREATER.FINISHED GRADEWATERED IN CLEANBACKFILL (SEE SPEC.)SET ROOT BALL 1"-2" ABOVEFINISHED GRADEUNDISTURBED STABILIZEDSOIL4"-6" SAUCER ABOVEFINISHED GRADE (REMOVEAFTER 6 MONTHS)3" SETTLED MULCH. MAINTAIN 1"DEPTH AT TRUNK. MULCH RING TOINCORPORATE STAKING SYSTEM.NOT TO SCALEECLEAR TRUNKPER PLAN.BANDING IN TWO PLACESAND NOT INTO TRUNKMINIMUM 3-2"x4" BRACES120 APARTTOE NAIL 2"-4" TO BATTEN5-2"X4"X16" BATTENSCLEAR TRUNK PER PLAN2"x4"x30" STAKEFINISH GRADEROYAL PALM DETAIL3X ROOT BALL SIZEINSTALL SUMP IN AREAS WHERE SOIL ISCOMPACTED AND/OR WATER TABLE IS24" BELOW FINISHED GRADE OR LESS.DEPTH OF SUMP TO BE EQUAL TO DEPTHOF POORLY DRAINED SOILS OR 48"WHICHEVER IS GREATER.FINISHED GRADEWATERED IN CLEANBACKFILL (SEE SPEC.)SET ROOT BALL 1"-2" ABOVEFINISHED GRADEUNDISTURBED STABILIZEDSOIL4"-6" SAUCER ABOVEFINISHED GRADE (REMOVEAFTER 6 MONTHS)3" SETTLED MULCH. MAINTAIN 1"DEPTH AT TRUNK. MULCH RINGTO INCORPORATE STAKINGSYSTEM.NOT TO SCALEFSYMBOL CODEQTYCOMMON / BOTANICAL NAME SIZETREESARC ALE3Alexandra PalmArchontophoenix alexandrae14`-16` CTSAB SAB 21Cabbage PalmettoSabal palmettoNATIVE10`-16` clear trunkSAB SA35Cabbage PalmettoSabal palmettoEXISTING TO REMAINROY EL28Florida Royal PalmRoystonea elataNATIVE18` O.A.ROY ELA 2Florida Royal PalmRoystonea elataEXISTING TO REMAINCOC DI215Pigeon PlumCoccoloba diversifoliaNATIVE10`-12` ht, 2" cal, 4` sprMYR FR4 11Simpson's StopperMyrcianthes fragransNATIVE UNDER STORY TREE8` MIN. HT, 1.5" CALPIN DE48Slash PinePinus elliotti densaNATIVE10`-12` ht, 2" cal, 4` sprQUE VIR43Southern Live OakQuercus virginianaNATIVE10`-12` ht, 2" cal, 4` sprQUE VI32Southern Live OakQuercus virginianaEXISTING TO BE REMOVEDQUE VI24Southern Live OakQuercus virginianaEXISTING TO REMAINSHRUBSChr ica 417Coco PlumChrysobalanus icacoNATIVE3 gal., 24" htCHR IC2270Coco PlumChrysobalanus icacoNATIVE48" HT, MAINTAINED AT 48" HT. MIN.Cri asi6Crinum LilyCrinum asiaticum3 gal., 24" htIxo two17Dwarf IxoraIxora taiwanensis3 gal. 18"-24" htTri fak 224Fakahatchee GrassTripsacum dactyloidesNATIVE3 gal., 24" htHam fir46FirebushHamelia patensNATIVE3 gal., 24" htFor seg57Florida PrivetForestiera segregataNATIVEMin. 24" Ht., 3 GallonIxo mau 18Maui IxoraIxora x 'Maui'3 gal. 18"-24" htIxo nog39Nora Grant IxoraIxora x 'Nora Grant'3 gal. 18"-24" htSch arb46Pinarf ScheffleraSchefflera arboricola3 gal., 24" htVib su2 209Sandankwa ViburnumViburnum suspensum3 gal., 24" htSer cin32Silver Saw PalmettoSerenoa repens 'Cinerea'NATIVE7 GAL. 24" HTClu sma30Small Leaf ClusiaClusia guttifera3 gal., 24" htClu sm230Small Leaf ClusiaClusia guttifera7 GAL., 36"-42" Ht.Vib ob314Small-Leaf ArrowwoodViburnum obovatum `Miss Shillers Delight`Native3 gal. 12"-18" htSch tri8Trinette Variegated ScheffleraSchefflera arboricola 'Trinette'3 gal., 24" htVINE/ESPALIERTra co2 9Confederate JasmineTrachelospermum jasminoides 'Confederate'3` Ht.SYMBOL CODEQTYCOMMON / BOTANICAL NAME SIZE SPACINGSHRUB AREASTri dwf286Florida GamagrassTripsacum floridanumNATIVEMin. 24" Ht., 3 Gallon36" o.c.GROUND COVERSDia tas 156Flax LilyDianella tasmanica3 gal.18" o.c.Ern lit352Golden CreeperErnodea littoralis1 Gal., 12" Ht., Full18" o.c.Fic gr681Green Island Indian Laurel FigFicus microcarpa 'Green Island'3 gal.24" o.c.Lir mus416LilyturfLiriope muscari1 Gal., 12" Ht., Full16" o.c.DEC RCK 826 sfrockdecorative3/4" DEC. ROCK OVER FILTER FABRIC FOR12" MAINTENANCE EDGE2" depthIle sch 103Schillings Yaupon HollyIlex vomitoria 'Schillings'NATIVEMin. 3 gall, 12" Ht.30" o.c.MASTER PLANT SCHEDULEschedule and materials notes:ABOVE CODE PLANTINGS (ENHANCEMENTS) TO BE INSTALLED AT THE OPTIONOF THE OWNER.CONTRACTOR SHALL SOD ALL DISTURBED AREAS WITH BAHIA sod. verifysod species/variety with owner.ALL PLANTINGS TO BE MULCHED WITH 2" DARK BROWN ORGANIC MULCHGRADE B OR BETTER. .CONTRACTOR RESPONSIBLE FOR VERIFICATION OF all QUANTITIES AT TIME OFBIDDING.contractor responsible for all sod and mulch quantities.ALTERNATE SPECIES MAY BE ACCEPTAble with permit modificationsALL BASE ROCK SHALL BE REMOVED FROM LANDSCAPE PARKING ISLANDS.REMOVE SOIL IN PARKING ISLAND TO A DEPTH OF EIGHTEEN INCHES (18") ANDREPLACED WITH CLEAN SOIL WITH INFILTRATION RATES EQUAL TO EXISTINGNATIVE SOILS. SEE DETAIL SHEET L-5. CONTRACTOR TO VERIFY PERCOLATIONWITHIN ISLANDS WITH THE OWNER PRIOR TO PLANTING.CONTRACTOR IS RESPONSIBLE FOR ROOT BARRIER INSTALLATION PER DETAILSHEET L-1 WHERE REQUIRED BY CODEREFER TO SHEETS L-3 THRU L-5 FOR EACH BUILDING LOT PLANTLIST WHICH IS INCLUDED IN THE MASTER PLANT LIST ABOVE33445Page 131 of 466
OIL WELL ROAD30'X 30' SIGHT TRIANGLE(PER LDC 4.06.01.d)SIGHT TRIANGLE4.06.01.d)30'X 30' SIGHT TRIANGLE(PER LDC 4.06.01.d)MATCHLINE 'A'10'X 10' SIGHT TRIANGLE(PER LDC )12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN1 - COC DI223 - Chr ica89 - Vib su223 - Tri fak48 - Tri fak4 - Ham fir32 - Chr ica12 3 - Ham fir6 - Ser cin15 - Tri fak103 - Chr ica6 - QUE VIR39 - Dia tas8 - Sch tri10 - Ile sch5 - Tri dwf38 - Ern lit1 - COC DI234 - Dia tas8 - Dia tas64 - Ile sch6 - Cri asi6 - Ixo nog11 - Chr ica19 - Ile sch11 - Tri fak31 - Tri fak1 - QUE VIR1 - COC DI21 - QUE VIR1 - COC DI276 - Ern lit4 - Tri dwf3 - SAB SAB4 - QUE VIR19 - Tri dwf33 - Chr ica25 - Tri dwf16 - Tri dwf(ABOVE CODE)(ABOVE CODE)(VUA)(VUA)(VUA)(VUA)(VUA)(4 VUA)(VUA)(2 VUA)(VUA)(ABOVE CODE)(ABOVE CODE)(ABOVE CODE)59 - Ern lit86 - Ern lit(ABOVE CODE)(ABOVE CODE)12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5LIG12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN20 - Sch arb55 - Tri dwf1 - COC DI2(ABOVE CODE)4 - Chr ica2 - ROY EL2(BUFFER)9 - PIN DE3 - PIN DE3 - SAB SAB9 - Tra co214 - Tri dwf22 - Ixo nog28 - Ern lit1 - Q(BLD ENHANCEMENT)(5.05.08.f.1)7 - PIN DE1 - QUE VIR9 - QUE VIR(2 VUA)15 - Clu sm2(12) Chr ica(83) CHR IC2(4) MYR FR4UNDER STORY TREE(483 sf) DEC RCK(13) Ham firBLDG 1LANDSCAPE PLAN& PLANT LISTL - 3INTERNAL UTILITY EASEMENT - NO TREES OR LARGESHRUBS SHALL BE PLANTED INSIDE THESE ZONES.ALL TREES IN ISLANDS ARE LOCATED OUTSIDE OFEASEMENT, MIN. 10' FROM BACK OF CURBSCALE 1" = 20'0' 10' 20' 40' 60'PLAN SCALE REDUCED WHEN PRINTED 11x17CALL 48 HOURSBEFORE YOU DIGIT'S THE LAW!DIAL 811Know what's BELOW.Call before you dig.811SUNSHINE STATE ONE CALL OF FLORIDA, INC.GREGORY J. DISERIO, RLARLA NO. 840 DATE:STATE OF FLORIDASHEET TITLE:SHEET NUMBER:ISSUED DATE:FAX (239) 337-4494AND ASSOCIATES, INC.LANDSCAPE ARCHITECTS Fort Myers, Florida 339012221 McGregor Blvd. PHONE: (239) 337-5525 L.A. LICENSE: LC COOOO63CONSULTANT:DAVID M. JONES, JR. AND PLANNERSPROJECT INFORMATION:DESIGN PROFESSIONAL:PROJECT NO.PREPARED FOR:REVISIONS:PROJECT MJR:FILE NAME:DESIGNER:CAD TECH:CHECKED BY:ISSUED FOR:DMJAGJDGJDJAN. 10, 2025ORANGEBLOSSOMRANCH OUTPARCELS-EASTOIL WELL ROAD,COLLIER COUNTY,FLORIDA224223 O.B.OUTPARCEL E. LSGJDGJDAtwell, LLC10511 Six Mile CypressParkwayFort Myers, FL 33966Tel:239-939-5490SITE PERMITAPRIL 18, 2025 RAI RESPONSEMAY 6, 2025 ENHANCED BUFFERJUNE 18, 2025 ZONING BUFFERS3AUG 24, 2025 RAI RESPONSE4SEPT 16, 2025 DEVIATIONS5schedule and materials notes:ABOVE CODE PLANTINGS (ENHANCEMENTS) TO BE INSTALLED AT THE OPTION OF THE OWNER.CONTRACTOR SHALL SOD ALL DISTURBED AREAS WITH BAHIA sod. verify sod species/varietywith owner.ALL PLANTINGS TO BE MULCHED WITH 2" DARK BROWN ORGANIC MULCH GRADE B OR BETTER. .CONTRACTOR RESPONSIBLE FOR VERIFICATION OF all QUANTITIES AT TIME OF BIDDING.contractor responsible for all sod and mulch quantities.ALTERNATE SPECIES MAY BE ACCEPTAble with permit modificationsALL BASE ROCK SHALL BE REMOVED FROM LANDSCAPE PARKING ISLANDS. REMOVE SOIL INPARKING ISLAND TO A DEPTH OF EIGHTEEN INCHES (18") AND REPLACED WITH CLEAN SOIL WITHINFILTRATION RATES EQUAL TO EXISTING NATIVE SOILS. SEE DETAIL SHEET L-5. CONTRACTOR TOVERIFY PERCOLATION WITHIN ISLANDS WITH THE OWNER PRIOR TO PLANTING.CONTRACTOR IS RESPONSIBLE FOR ROOT BARRIER INSTALLATION PER DETAIL SHEET L-1 WHEREREQUIRED BY CODETree Species Mix:MID ZONE; 75% Native Trees and 50% Native Shrubs required.100% Native trees and 56% Native Shrubs proposed.+41 --> Minimum 5 Tree Species Required (Additional treespecies to be provided at time of lot permitting)SYMBOL CODEQTYCOMMON / BOTANICAL NAME SIZETREESSAB SAB6Cabbage PalmettoSabal palmettoNATIVE10`-16` clear trunkROY EL2 2Florida Royal PalmRoystonea elataNATIVE18` O.A.COC DI25Pigeon PlumCoccoloba diversifoliaNATIVE10`-12` ht, 2" cal, 4` sprMYR FR4 4Simpson's StopperMyrcianthes fragransNATIVE UNDER STORY TREE8` MIN. HT, 1.5" CALPIN DE15Slash PinePinus elliotti densaNATIVE10`-12` ht, 2" cal, 4` sprQUE VIR22Southern Live OakQuercus virginianaNATIVE10`-12` ht, 2" cal, 4` sprSHRUBSChr ica218Coco PlumChrysobalanus icacoNATIVE3 gal., 24" htCHR IC283Coco PlumChrysobalanus icacoNATIVE48" HT, MAINTAINED AT 48" HT. MIN.Cri asi6Crinum LilyCrinum asiaticum3 gal., 24" htTri fak128Fakahatchee GrassTripsacum dactyloidesNATIVE3 gal., 24" htHam fir22FirebushHamelia patensNATIVE3 gal., 24" htIxo nog28Nora Grant IxoraIxora x 'Nora Grant'3 gal. 18"-24" htSch arb20Pinarf ScheffleraSchefflera arboricola3 gal., 24" htVib su290Sandankwa ViburnumViburnum suspensum3 gal., 24" htSer cin6Silver Saw PalmettoSerenoa repens 'Cinerea'NATIVE7 GAL. 24" HTClu sm215Small Leaf ClusiaClusia guttifera7 GAL., 36"-42" Ht.Sch tri8Trinette Variegated ScheffleraSchefflera arboricola 'Trinette'3 gal., 24" htVINE/ESPALIERTra co2 9Confederate JasmineTrachelospermum jasminoides 'Confederate'3` Ht.SYMBOL CODEQTYCOMMON / BOTANICAL NAME SIZE SPACINGSHRUB AREASTri dwf138Florida GamagrassTripsacum floridanumNATIVEMin. 24" Ht., 3 Gallon36" o.c.GROUND COVERSDia tas 81Flax LilyDianella tasmanica3 gal.18" o.c.Ern lit287Golden CreeperErnodea littoralis1 Gal., 12" Ht., Full18" o.c.DEC RCK483 sfrockdecorative3/4" DEC. ROCK OVER FILTER FABRIC FOR12" MAINTENANCE EDGE2" depthIle sch93Schillings Yaupon HollyIlex vomitoria 'Schillings'NATIVEMin. 3 gall, 12" Ht.30" o.c.PLANT SCHEDULE BUILDING SITE #1 BUILDING SITE #1LANDSCAPE PLAN33 BUILDING #1 BLD.PERIMETER PLANTINGAREASSCALE: 1"=30'refer to sheet L-1 for calculationsfor Building Foundation PlantingRequirements (4.06.05.C.) and section:5.05.08.f.1:445Page 132 of 466
OIL WELL ROADMATCHLINE 'A'MATCHLINE 'B'20'X10' SIGHT TRIAN(PER LDC )12.5' FROMLIGHT MIN17 - Vib su21 - QUE VIR12 - Chr icar19 - Ham fir7 - Tri fakVIRDI2VIR7 - Ham fir1 - QUE VIR3 - PIN DE15 - Tri dwf5 - For seg28 - Vib su26 - SAB SAB21 - Tri dwf27 - For seg13 - Tri fak22 - Tri fak3 - Ixo mau35 - Lir mus11 - Ixo nog3 - ARC ALE66 - Fic gr65 - Ixo two9 - Sch arb47 - Lir mus4 - Vib ob36 - Ixo two6 - Ixo two10 - Vib ob334 - Lir mus2 - COC DI21 - COC DI24 - Sch arb10 - Lir mus19 - Lir mus7 - Ser cin1 - COC DI225 - Tri dwf17 - Tri fak16 - Tri dwf3 - PIN DEUA)(VUA)(2 VUA)(VUA)(VUA)(VUA)(VUA)20 - Tri dwf(ABOVE CODE)(ABOVE CODE)(ABOVE CODE)(ABOVE CODE) lit12.5' FROMLIGHT MINn lit12.5' FROMLIGHT MIN12.5' FROMLIGHT MINROMMIN12.5' FROMLIGHT MINdwf8 - Chr ica14 - Vib su275 - Dia tas15 - Ixo mau9 - PIN DE(BUFFER)AB3 - PIN DE1 - QUE VIR89 - Lir mus2 - COC DI21 - QUE VIR(VUA)4 - QUE VIR(2 VUA)2 - ROY EL2(BLD ENHANCEMENT)(5.05.08.f.1)QUE VIR8 - Clu sm215 - Fic gr6SOD(15) CHR IC2(37) CHR IC2(10) Chr icaUNDER STORY TREE(2) MYR FR4(145 sf) DEC RCKK9L - 4INTERNAL UTILITY EASEMENT - NO TREES OR LARGESHRUBS SHALL BE PLANTED INSIDE THESE ZONES.ALL TREES IN ISLANDS ARE LOCATED OUTSIDE OFEASEMENT, MIN. 10' FROM BACK OF CURBSCALE 1" = 20'0' 10' 20' 40' 60'PLAN SCALE REDUCED WHEN PRINTED 11x17CALL 48 HOURSBEFORE YOU DIGIT'S THE LAW!DIAL 811Know what's BELOW.Call before you dig.811SUNSHINE STATE ONE CALL OF FLORIDA, INC.GREGORY J. DISERIO, RLARLA NO. 840 DATE:STATE OF FLORIDASHEET TITLE:SHEET NUMBER:ISSUED DATE:FAX (239) 337-4494AND ASSOCIATES, INC.LANDSCAPE ARCHITECTS Fort Myers, Florida 339012221 McGregor Blvd. PHONE: (239) 337-5525 L.A. LICENSE: LC COOOO63CONSULTANT:DAVID M. JONES, JR. AND PLANNERSPROJECT INFORMATION:DESIGN PROFESSIONAL:PROJECT NO.PREPARED FOR:REVISIONS:PROJECT MJR:FILE NAME:DESIGNER:CAD TECH:CHECKED BY:ISSUED FOR:DMJAGJDGJDJAN. 10, 2025ORANGEBLOSSOMRANCH OUTPARCELS-EASTOIL WELL ROAD,COLLIER COUNTY,FLORIDA224223 O.B.OUTPARCEL E. LSGJDGJDAtwell, LLC10511 Six Mile CypressParkwayFort Myers, FL 33966Tel:239-939-5490SITE PERMITAPRIL 18, 2025 RAI RESPONSEMAY 6, 2025 ENHANCED BUFFERJUNE 18, 2025 ZONING BUFFERS3AUG 24, 2025 RAI RESPONSE4SEPT 16, 2025 DEVIATIONS5BLDG 2LANDSCAPE PLAN& PLANT LISTTree Species Mix:MID ZONE; 75% Native Trees and 50% Native Shrubs required.100% Native trees and 56% Native Shrubs proposed.+41 --> Minimum 5 Tree Species Required (Additional treespecies to be provided at time of lot permitting)SYMBOL CODEQTYCOMMON / BOTANICAL NAME SIZETREESARC ALE3Alexandra PalmArchontophoenix alexandrae14`-16` CTSAB SAB6Cabbage PalmettoSabal palmettoNATIVE10`-16` clear trunkROY EL2 2Florida Royal PalmRoystonea elataNATIVE18` O.A.COC DI26Pigeon PlumCoccoloba diversifoliaNATIVE10`-12` ht, 2" cal, 4` sprMYR FR4 2Simpson's StopperMyrcianthes fragransNATIVE UNDER STORY TREE8` MIN. HT, 1.5" CALPIN DE18Slash PinePinus elliotti densaNATIVE10`-12` ht, 2" cal, 4` sprQUE VIR8Southern Live OakQuercus virginianaNATIVE10`-12` ht, 2" cal, 4` sprSHRUBSChr ica30Coco PlumChrysobalanus icacoNATIVE3 gal., 24" htCHR IC252Coco PlumChrysobalanus icacoNATIVE48" HT, MAINTAINED AT 48" HT. MIN.Ixo two17Dwarf IxoraIxora taiwanensis3 gal. 18"-24" htTri fak59Fakahatchee GrassTripsacum dactyloidesNATIVE3 gal., 24" htHam fir24FirebushHamelia patensNATIVE3 gal., 24" htFor seg32Florida PrivetForestiera segregataNATIVEMin. 24" Ht., 3 GallonIxo mau 18Maui IxoraIxora x 'Maui'3 gal. 18"-24" htIxo nog11Nora Grant IxoraIxora x 'Nora Grant'3 gal. 18"-24" htSch arb13Pinarf ScheffleraSchefflera arboricola3 gal., 24" htVib su2 58Sandankwa ViburnumViburnum suspensum3 gal., 24" htSer cin 7Silver Saw PalmettoSerenoa repens 'Cinerea'NATIVE7 GAL. 24" HTClu sm28Small Leaf ClusiaClusia guttifera7 GAL., 36"-42" Ht.Vib ob314Small-Leaf ArrowwoodViburnum obovatum `Miss Shillers Delight`Native3 gal. 12"-18" htSYMBOL CODEQTYCOMMON / BOTANICAL NAME SIZE SPACINGSHRUB AREASTri dwf97Florida GamagrassTripsacum floridanumNATIVEMin. 24" Ht., 3 Gallon36" o.c.GROUND COVERSDia tas 75Flax LilyDianella tasmanica3 gal.18" o.c.Fic gr681Green Island Indian Laurel FigFicus microcarpa 'Green Island'3 gal.24" o.c.Lir mus 234LilyturfLiriope muscari1 Gal., 12" Ht., Full16" o.c.DEC RCK145 sfrockdecorative3/4" DEC. ROCK OVER FILTER FABRIC FOR12" MAINTENANCE EDGE2" depthPLANT SCHEDULE BUILDING SITE #2schedule and materials notes:ABOVE CODE PLANTINGS (ENHANCEMENTS) TO BEINSTALLED AT THE OPTION OF THE OWNER.CONTRACTOR SHALL SOD ALL DISTURBED AREASWITH BAHIA sod. verify sod species/variety withowner.ALL PLANTINGS TO BE MULCHED WITH 2" DARKBROWN ORGANIC MULCH GRADE B OR BETTER. .CONTRACTOR RESPONSIBLE FOR VERIFICATION OFall QUANTITIES AT TIME OF BIDDING.contractor responsible for all sod andmulch quantities.ALTERNATE SPECIES MAY BE ACCEPTAble withpermit modificationsALL BASE ROCK SHALL BE REMOVED FROMLANDSCAPE PARKING ISLANDS. REMOVE SOIL INPARKING ISLAND TO A DEPTH OF EIGHTEEN INCHES(18") AND REPLACED WITH CLEAN SOIL WITHINFILTRATION RATES EQUAL TO EXISTING NATIVE SOILS.SEE DETAIL SHEET L-5. CONTRACTOR TO VERIFYPERCOLATION WITHIN ISLANDS WITH THE OWNER PRIORTO PLANTING.CONTRACTOR IS RESPONSIBLE FOR ROOT BARRIERINSTALLATION PER DETAIL SHEET L-1 WHEREREQUIRED BY CODEBUILDING SITE #2LANDSCAPE PLAN333 BUILDING #2 BLD.PERIMETER PLANTINGAREASSCALE: 1"=30'refer to sheet L-1 for calculationsfor Building Foundation PlantingRequirements (4.06.05.C.) and section:5.05.08.f.1:445Page 133 of 466
7 - Ser cin61 - Vib su2Existing to remain4 - QUE VI22 - ROY ELAExisting to remain5 - SAB SA3Existing to remain106 - Chr ica3 - QUE VIR3 - SAB SAB30'X 30' SIGHT TRIANGLE(PER LDC 4.06.01.d)30'X 30' SIGHT TRIANGLE(PER LDC 4.06.01.d)MATCHLINE 'B'IGHT TRIANGLEC )12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN25 - For seg1 - COC DI21 - QUE VIRak2 - QUE VIR15 - Tri dwf3 - PIN DE6 - SAB SAB3 - PIN DE13 - Tri fak65 - Ern lit2 - ROY EL221 - Tri dwf7 - Clu sm21 - COC DI212 - Ser cin15 - Tri dwf9 - Chr ica9 - Clu sma37 - Lir mus13 - Sch arb103 - Lir mus12 - Clu sma6 - Chr ica5 - Ile sch1 - COC DI212 - Tri fak5 - Ile sch2 - PIN DE(1 VUA)(VUA)(VUA)(VUA)(VUA)(ABOVE CODE)(ABOVE CODE)M12.5' FROMLIGHT MIN(BLD SITE ENHANCEMENT)12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN12.5' FROMLIGHT MIN2 - ROY EL2(BLD ENHANCEMENT)9 - Clu sma12 - Tri fak1 - QUE VIRus32 - Chr ica42 - Lir mus1 - COC DI2(VUA)2 - QUE VIR(VUA)(5.05.08.f.1)(5.05.08.f.1)3 - PIN DE4 - QUE VIR(38) CHR IC2(97) CHR IC2(11) Chr ica(5) Chr icaUNDER STORY TREE(5) MYR FR4(198 sf) DECRCK9212.5' FROMLIGHT MINLIGHT MINL - 5INTERNAL UTILITY EASEMENT - NO TREES OR LARGESHRUBS SHALL BE PLANTED INSIDE THESE ZONES.ALL TREES IN ISLANDS ARE LOCATED OUTSIDE OFEASEMENT, MIN. 10' FROM BACK OF CURBSCALE 1" = 20'0' 10' 20' 40' 60'PLAN SCALE REDUCED WHEN PRINTED 11x17Tree Species Mix:MID ZONE; 75% Native Trees and 50% Native Shrubs required.100% Native trees and 56% Native Shrubs proposed.+41 --> Minimum 5 Tree Species Required (Additional treespecies to be provided at time of lot permitting)CALL 48 HOURSBEFORE YOU DIGIT'S THE LAW!DIAL 811Know what's BELOW.Call before you dig.811SUNSHINE STATE ONE CALL OF FLORIDA, INC.GREGORY J. DISERIO, RLARLA NO. 840 DATE:STATE OF FLORIDASHEET TITLE:SHEET NUMBER:ISSUED DATE:FAX (239) 337-4494AND ASSOCIATES, INC.LANDSCAPE ARCHITECTS Fort Myers, Florida 339012221 McGregor Blvd. PHONE: (239) 337-5525 L.A. LICENSE: LC COOOO63CONSULTANT:DAVID M. JONES, JR. AND PLANNERSPROJECT INFORMATION:DESIGN PROFESSIONAL:PROJECT NO.PREPARED FOR:REVISIONS:PROJECT MJR:FILE NAME:DESIGNER:CAD TECH:CHECKED BY:ISSUED FOR:DMJAGJDGJDJAN. 10, 2025ORANGEBLOSSOMRANCH OUTPARCELS-EASTOIL WELL ROAD,COLLIER COUNTY,FLORIDA224223 O.B.OUTPARCEL E. LSGJDGJDAtwell, LLC10511 Six Mile CypressParkwayFort Myers, FL 33966Tel:239-939-5490SITE PERMITAPRIL 18, 2025 RAI RESPONSEMAY 6, 2025 ENHANCED BUFFERJUNE 18, 2025 ZONING BUFFERS3AUG 24, 2025 RAI RESPONSE4SEPT 16, 2025 DEVIATIONS5BLDG 3LANDSCAPE PLAN& PLANT LISTSYMBOL CODEQTYCOMMON / BOTANICAL NAME SIZETREESSAB SAB9Cabbage PalmettoSabal palmettoNATIVE10`-16` clear trunkSAB SA35Cabbage PalmettoSabal palmettoEXISTING TO REMAINROY EL2 4Florida Royal PalmRoystonea elataNATIVE18` O.A.ROY ELA 2Florida Royal PalmRoystonea elataEXISTING TO REMAINCOC DI2 4Pigeon PlumCoccoloba diversifoliaNATIVE10`-12` ht, 2" cal, 4` sprMYR FR45Simpson's StopperMyrcianthes fragransNATIVE UNDER STORYTREE8` MIN. HT, 1.5" CALPIN DE15Slash PinePinus elliotti densaNATIVE10`-12` ht, 2" cal, 4` sprQUE VIR13Southern Live OakQuercus virginianaNATIVE10`-12` ht, 2" cal, 4` sprQUE VI31Southern Live OakQuercus virginianaEXISTING TO BE REMOVEDQUE VI24Southern Live OakQuercus virginianaEXISTING TO REMAINSHRUBSChr ica169Coco PlumChrysobalanus icacoNATIVE3 gal., 24" htCHR IC2134Coco PlumChrysobalanus icacoNATIVE48" HT, MAINTAINED AT 48" HT. MIN.Tri fak37Fakahatchee GrassTripsacum dactyloidesNATIVE3 gal., 24" htFor seg27Florida PrivetForestiera segregataNATIVEMin. 24" Ht., 3 GallonSch arb13Pinarf ScheffleraSchefflera arboricola3 gal., 24" htVib su2 61Sandankwa ViburnumViburnum suspensum3 gal., 24" htSer cin19Silver Saw PalmettoSerenoa repens 'Cinerea'NATIVE7 GAL. 24" HTClu sma30Small Leaf ClusiaClusia guttifera3 gal., 24" htClu sm2 7Small Leaf ClusiaClusia guttifera7 GAL., 36"-42" Ht.SYMBOL CODEQTYCOMMON / BOTANICAL NAME SIZE SPACINGSHRUB AREASTri dwf51Florida GamagrassTripsacum floridanumNATIVEMin. 24" Ht., 3 Gallon36" o.c.GROUND COVERSErn lit65Golden CreeperErnodea littoralis1 Gal., 12" Ht., Full18" o.c.Lir mus182LilyturfLiriope muscari1 Gal., 12" Ht., Full16" o.c.DEC RCK 198 sfrockdecorative3/4" DEC. ROCK OVERFILTER FABRIC FOR 12"MAINTENANCE EDGE2" depthIle sch 10Schillings Yaupon HollyIlex vomitoria 'Schillings'NATIVEMin. 3 gall, 12" Ht.30" o.c.PLANT SCHEDULE BUILDING SITE #3 BUILDING SITE #3LANDSCAPE PLANschedule and materials notes:ABOVE CODE PLANTINGS (ENHANCEMENTS) TOBE INSTALLED AT THE OPTION OF THE OWNER.CONTRACTOR SHALL SOD ALL DISTURBEDAREAS WITH BAHIA sod. verify sodspecies/variety with owner.ALL PLANTINGS TO BE MULCHED WITH 2" DARKBROWN ORGANIC MULCH GRADE B OR BETTER. .CONTRACTOR RESPONSIBLE FOR VERIFICATIONOF all QUANTITIES AT TIME OF BIDDING.contractor responsible for all sod andmulch quantities.ALTERNATE SPECIES MAY BE ACCEPTAble withpermit modificationsALL BASE ROCK SHALL BE REMOVED FROMLANDSCAPE PARKING ISLANDS. REMOVE SOIL INPARKING ISLAND TO A DEPTH OF EIGHTEENINCHES (18") AND REPLACED WITH CLEAN SOILWITH INFILTRATION RATES EQUAL TO EXISTINGNATIVE SOILS. SEE DETAIL SHEET L-5.CONTRACTOR TO VERIFY PERCOLATION WITHINISLANDS WITH THE OWNER PRIOR TO PLANTING.CONTRACTOR IS RESPONSIBLE FOR ROOTBARRIER INSTALLATION PER DETAIL SHEET L-1WHERE REQUIRED BY CODE33 BUILDING #3 BLD.PERIMETER PLANTINGAREASSCALE: 1"=30'refer to sheet L-1 for calculationsfor Building Foundation PlantingRequirements (4.06.05.C.) and section:5.05.08.f.1:445Page 134 of 466
OIL WELL ROADExisting to remain4 - QUE VI22 - ROY ELAExisting to remain5 - SAB SA3Existing to remainOIL WELL ROADOIL WELL ROADCC2C3RS1RS2RS3IR-1IRRIGATION CODEPLANCODE MASTER IRRIGATION PLAN SCALE 1" = 30'0' 15' 30' 60' 90'PLAN SCALE REDUCED WHEN PRINTED 11x17PLAN NOTE:PLAN PREPARED FOR CODE MINIMUMPERMITTING REQUIREMENTS ONLY.VERIFY WITH OWNER ADDITIONALPLANTINGS, PROVIDED BY OTHERS, TO BEINSTALLED AT OPTION OF THE OWNER.ANY MODIFICATIONS TO CODE PLANTINGSSHALL REQUIRE A PERMIT MODIFICATION.IRRIGATION NOTE:SHRUB AREAS TO BE IRRIGATEDSEPARATELY FROM TURFGRASS AREAS.Irrigation system requirements.Cultivated landscapes. Cultivated landscape areas shall be provided with an automatic irrigation system to improve the survivability of the required landscaping.Sprinkler heads irrigating lawns or other high water demand areas shall be zoned separately from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas.Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering "high water" requirement areas at different frequencies and duration than "low waterrequirement areas.Landscaping shall be watered on an as-needed basis only.Irrigation systems shall be designed for the zoning of high and low water use areas.Heads shall be designed for 100 percent head-to-head coverage unless specified by the manufacturer.These requirements may be adjusted for retention areas.The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining of the building , walks, walls, and other site improvements. All systems shall be designed toeliminate the application of water to impervious areasIrrigation systems, other than drip or soaker hose systems, shall be operated between the hours of midnight and 10:00 a.m., unless the operation of multiple zones requires additional time.South Florida Water Management District (SFWMD) or other utility company water use restrictions shall supersede these requirements. There are no operational requirements for irrigation systemsutilizing effluent.All new residential, commercial, and industrial developments shall be irrigated by the use of an automatic irrigation system with controller set to apply water in a manner consistent with this section.Moisture detection devices shall be installed in all automatic sprinkler systems to override the sprinkler activation mechanism during periods of increased rainfall.Where existing irrigation systems are modified requiring the acquisition of a permit, automatic activation systems and overriding moisture detection devices shall be installed in compliance with thissection.SEE SHEET IR-2 FOR IRRIGATION NOTESCALL 48 HOURSBEFORE YOU DIGIT'S THE LAW!DIAL 811Know what's BELOW.Call before you dig.811SUNSHINE STATE ONE CALL OF FLORIDA, INC.GREGORY J. DISERIO, RLARLA NO. 840 DATE:STATE OF FLORIDASHEET TITLE:SHEET NUMBER:ISSUED DATE:FAX (239) 337-4494AND ASSOCIATES, INC.LANDSCAPE ARCHITECTS Fort Myers, Florida 339012221 McGregor Blvd. PHONE: (239) 337-5525 L.A. LICENSE: LC COOOO63CONSULTANT:DAVID M. JONES, JR. AND PLANNERSPROJECT INFORMATION:DESIGN PROFESSIONAL:PROJECT NO.PREPARED FOR:REVISIONS:PROJECT MJR:FILE NAME:DESIGNER:CAD TECH:CHECKED BY:ISSUED FOR:DMJAGJDGJDJAN. 10, 2025ORANGEBLOSSOMRANCH OUTPARCELS-EASTOIL WELL ROAD,COLLIER COUNTY,FLORIDA224223 O.B.OUTPARCEL E. LSGJDGJDAtwell, LLC10511 Six Mile CypressParkwayFort Myers, FL 33966Tel:239-939-5490SITE PERMITAPRIL 18, 2025 RAI RESPONSEMAY 6, 2025 ENHANCED BUFFERJUNE 18, 2025 ZONING BUFFERS3AUG 24, 2025 RAI RESPONSE4SEPT 16, 2025 DEVIATIONS5APPLICABLE IF SPRAY ZONES ARE PROVIDEDSYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYHunter PROS-06-PRS40 15 SeriesShrub Spray, 40 psi regulated 6in. pop-up66Hunter PCBFlood Bubbler, 1/2in. FIPT.7SYMBOLMANUFACTURER/MODELHunter ICV-GHunter I2C-0800-PPHunter I2C-0800-PPHunter I2C-0800-PPHunter CLIK-DELAYHunter CLIK-DELAYHunter CLIK-DELAYPoint of Connection Irrigation Master SystemIrrigation Mainline: PVC Class 200 SDR 21Pipe Sleeve: PVC Class 200 SDR 21QT H TT TQ F15151515151525 50 10 20CC2C3RS1RS2RS3WELLValve NumberValve FlowValve SizeValve Callout###"IRRIGATION SCHEDULEPage 135 of 466
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Words added are underlined, words deleted are struck-thru ii
INDEX PAGE
List of Exhibits ii
Statement of Compliance iii
SECTION I Legal 1-1
General Description and Short Title
SECTION II Project Development 2-1
SECTION III Residential/Golf Development Areas 3-1
SECTION IV Mixed Use Area 4-1
SECTION V Community Facility 5-1
SECTION VI General Development Commitments 6-1
SECTION VII Deviations 7-1
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SECTION VII
DEVIATIONS
1. Deviation #1 seeks relief from LDC Section 5.03.02.H. "Fences and Walls", which
requires a 4-foot-tall wall between the commercial outparcels and the adjacent residential
to the north of Workman Way, to allow for no wall in the Type D buffer along Workman
Way. To offset the request, the required double staggered hedge row within the Type D
buffer shall be planted and maintained at 48”.
2. Deviation #2 seeks relief from LDC Section 5.05.05.D.2.b, “Facilities with Fuel Pumps”,
which requires a 30-foot-wide landscape buffer with an 8-foot-tall wall, 3 canopy trees per
100 l.f., and a single hedgerow planted at 4’ and maintained at 5’ on both sides of the wall,
where facilities with fuel pumps are located within 250 feet of residentially zoned or
residentially developed properties, to allow for no wall, and plantings consisting of 4
canopy trees per 100 l.f. planted at 14’ in height, 2 understory trees per 100 l.f. planted at
8’ in height, and a double hedgerow, planted at 36” and maintained at 60” on a 3-foot tall
berm.
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1
Timothy Finn
From:Michael <estatesbod.mstein@gmail.com>
Sent:Tuesday, December 2, 2025 11:29 AM
To:Timothy Finn
Subject:Public Hearing Notice - Petition No. PDI-PL20250001285
Attachments:20251202_085456.jpg; 20251202_085531.jpg; 20251202_085310.jpg; 20251202_
085258.jpg; 20251202_085141.jpg; 20251202_085446.jpg; 20251202_090042.jpg
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Good Morning Mr. Finn,
My name is Michael Stein. I am the Vice President and Treasurer of the Estates at Orange Blossom.
I am reaching out to request that the attached photographs be added to the official record for the above-
mentioned public hearing petition.
I will be in attendance and will be requesting to speak.
Thank you for your assistance in this matter.
Sincerely,
Michael Stein
347 831 3604
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12/11/2025
Item # 3.C
ID# 2025-4810
PETITION NO. PDI-PL20250006723 – 10003 Marc Anthony Way - Request for an insubstantial change to ordinance
no. 03-51, as amended, the Wentworth Estates mixed-use planned unit development (MPUD), commonly known as
Treviso Bay, by decreasing the required width of the northern type ‘B’ landscape buffer and reducing the minimum side
yard setback for the commercial area. The parcel, which is approximately +/- 9.07 acres, is specifically located at 10003
Marc Anthony Way, Lot Tract FD-1 of the Treviso Bay Subdivision, Section 30, Township 50 South, Range 26 East,
Collier County, Florida. [Coordinator: Maria Estrada, Planner II] Commissioner District 1
ATTACHMENTS:
1. PDI Staff Report PL20250006723-Wentworth Estates
2. Attachment A-Backup Package
3. Attachment B-PUD Language Changes
4. Attachment C- Sign & Notification
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STAFF REPORT
TO: HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT
DEPARTMENT
HEARING DATE: DECEMBER 11, 2025
SUBJECT: PDI-PL20250006723; WENTWORTH ESTATES
APPLICANT: AGENT:
Prima Partners LLC Jessica Harrelson, AICP
2201 Main St. Peninsula Engineering
Pittsburgh, PA 15215 Naples, FL 34105
REQUESTED ACTION:
The petitioner requests that the Hearing Examiner approve an insubstantial change to the Wentworth
Estates Planned Unit Development (PUD) by decreasing the required width of the Northern Type “B”
Landscape Buffer and reducing the minimum side yard setback for the commercial area.
GEOGRAPHIC LOCATION:
The subject PUD is located at 10003 Marc Anthony Way, Naples, FL 34113, in Section 30, Township
50 South, Range 26 East, Collier County, Florida. (See location map on the following page)
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Wentworth Estates PUD, PDI-PL20250006723 December 11, 2025
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Wentworth Estates PUD, PDI-PL20250006723 December 11, 2025
PURPOSE/DESCRIPTION OF PROJECT:
The insubstantial change request to the Wentworth Estates PUD commercial area proposes two
primary changes. A reduction of the Northern Type “B” Landscape Buffer and Reduction of the
Minimum Required Side Yard Setback. The developer is seeking to reduce the width of the
landscape buffer along the property line where it abuts an FPL easement and will provide enhanced
landscaping between the commercial area and the adjacent residential community. Additionally, a
reduction in the minimum side-yard setback for the Commercial Area is requested due to the existing
Florida Power & Light (FPL) Access Easement, which cannot be relocated. These adjustments aim to
address design constraints while ensuring no negative impacts on public health, safety, or welfare.
The subject site encompasses the 1,563.84-acre Wentworth Estates MPUD, also known as Treviso Bay,
situated south of Tamiami Trail East (US 41), approximately 1.5 miles south of Thomasson Drive. The
9.07±-acre Commercial Area is designated for development under Ordinance 03-51.
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Wentworth Estates PUD, PDI-PL20250006723 December 11, 2025
Subject
Property
SURROUNDING LAND USE AND ZONING (related to the subject site location)
This section of the staff report identifies the land uses, zoning classifications, and maximum approved
densities for properties surrounding the boundaries of the Wentworth Estates MPUD:
North: Tamiami Trail East ROW; a six-lane, arterial roadway, and then
Developed General Commercial (C4) Zoning District.
East: Developed Residential; Mixed Planned Unit Development (MPUD) of
Wentworth Estates.
South: Developed Residential; Mixed Planned Unit Development (MPUD) of
Wentworth Estates.
West: Canal and Developed Residential; Mixed Planned Unit Development (MPUD) of
Sabal Bay
Collier County Property Appraiser
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Wentworth Estates PUD, PDI-PL20250006723 December 11, 2025
Subject
PUD
Base Zoning Map – Collier County GIS/Addressing, ESRI
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Wentworth Estates PUD, PDI-PL20250006723 December 11, 2025
STAFF ANALYSIS
Comprehensive Planning: The proposal to reduce the landscape buffer while still providing the
required plantings and to include the remaining buffer area elsewhere within the site is deemed
consistent with the Wentworth Estates PUD and the GMP. The proposed revisions do not require an
amendment to the GMP.
Transportation Element: Not applicable.
Zoning Review: The subject site is part of the Commercial Area within the Wentworth Estates
MPUD (Ordinance 2013-45). The overall MPUD encompasses 1,563.84 acres, located south of
Tamiami Trail East (US 41), approximately 1.5± miles south of Thomasson Drive. The Commercial
Area is currently encumbered by a Florida Power & Light (FPL) Access Easement along the northern
property line, which impacts site design and development capabilities. The proposed adjustments are
necessary because FPL denied the request to relocate the access easement. This denial is likely
influenced by logistical challenges, costs, and the need to maintain operational integrity and
regulatory compliance. These factors have also resulted in design constraints for the applicant at the
site. These changes are intended to facilitate the construction of the site plan as previously approved
under the Prima Auto Suites SDP (PL20230015821). The requested deviations will not have a
negative impact on public health, safety, or welfare and are intended to align the site design with
current development standards. The Commercial Area is adjacent to the Isles of Collier residential
community, situated north of the canal. A 15-foot Type ‘B’ landscape buffer is required to provide a
separation between commercial and residential uses. The addition of Deviation #13 in this context is
to reduce the buffer referenced in Exhibit “C” and Section IV.4.4.A.7 of the PUD text. As outlined in
Section IV, Item 4.4.2 of the PUD documentation, the side yard setback is currently measured from
the FPL Access Easement. The requested amendment, which reduces the setback, will also
accommodate the necessary landscape buffer in conjunction with the approved site design. The
proposed changes to the Commercial Area within the Wentworth Estates MPUD are necessary to
comply with environmental and infrastructural limitations posed by the encumbered FPL easement
and to ensure the feasibility of the approved site plan.
Landscape Review: Staff recommends approval, of Deviation 13 finding that, in compliance with
LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived without
detrimental effect on the health, safety and welfare of the community” and LDC section
10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
Conservation and Coastal Management Element (CCME): Environmental review staff have found
this project to be consistent with the Conservation & Coastal Management Element (CCME). No
revisions to the environmental portions of the PUD are being requested.
Environmental Review: Environmental Planning staff have reviewed the PUD petition to address
environmental concerns. The proposed PUD changes will not affect any of the environmental
requirements of the PUD document (Ordinance 2023-45). A minimum of 258.68 acres of native
vegetation is required; however, 291.94 acres have been preserved (PB 3980, PG 159).
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Wentworth Estates PUD, PDI-PL20250006723 December 11, 2025
This project does not require Environmental Advisory Council (EAC) review because it does not fall
within the EAC's scope of land development project reviews, as identified in Section 2-1193 of the
Collier County Code of Laws and Ordinances. Environmental Services staff recommend approval of
the proposed petition.
PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA:
There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An
insubstantial change includes any change that is not considered a substantial or minor change. An
insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC
subsection 10.02.13 E.1.
LDC Section 10.02.13.E.1 Criteria:
a. Is there a proposed change in the boundary of the PUD?
No, there is no proposed change in the boundary of the PUD.
b. Is there a proposed increase in the total number of dwelling units, intensity of land use,
or height of buildings within the development?
No, there is no proposed increase in the number of dwelling units, the intensity of land use, or
the height of buildings within the development.
c. Is there a proposed decrease in preservation, conservation, recreation, or open space
areas within the development in excess of 5% of the total acreage previously designated
as such, or five acres in area?
No, there is no proposed decrease in preservation, conservation, recreation, or open space
areas within the development as designated on the approved Master Plan.
d. Is there a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial, and industrial land uses (excluding preservation,
conservation, or open space), or a proposed relocation of non-residential land uses?
No, there would be no increase in the size of areas used for non-residential uses and no
relocation of non-residential uses.
e. Is there a substantial increase in the impacts of the development, which may include, but
are not limited to, increases in traffic generation, changes in traffic circulation, or
impacts on other public facilities?
No, there are no substantial increases in the impacts of the development, which may include,
but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts
on other public facilities.
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Wentworth Estates PUD, PDI-PL20250006723 December 11, 2025
f. Will the change result in land use activities that generate a higher level of vehicular
traffic based upon the Trip Generation Manual published by the Institute of
Transportation Engineers?
The requested changes do not result in land use activities that generate a high level of
vehicular traffic.
g. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
No, the proposed changes will not impact or increase stormwater retention or increase
stormwater discharge.
h. Will the proposed change bring about a relationship to an abutting land use that would
be incompatible with an adjacent land use?
No. There will be no incompatible relationships with abutting land uses.
i. Are there any modifications to the PUD Master Plan or PUD Document or Amendment
to a PUD Ordinance which are inconsistent with the Future Land Use Element or other
elements of the Growth Management Plan, or which modification would increase the
density or intensity of the permitted land uses?
No. Staff from Comprehensive Planning staff determined the proposed changes to the PUD
Document would be consistent with the FLUE of the GMP. Both environmental and
transportation planning staff reviewed this petition, and no changes to the PUD Document are
proposed that would be deemed inconsistent with the CCME or the Transportation Element of
the GMP. This petition does not propose any increase in density or intensity of the permitted
land uses.
j. The proposed change is to a PUD District designated as a Development of Regional
Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such
change requires a determination and public hearing by Collier County pursuant to Sec.
380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and
any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation
shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC.
The PUD is not designated as a development of regional impact (DRI).
k. Are there any modifications to the PUD Master Plan or PUD document or amendments
to a PUD ordinance that impact any consideration deemed to be a substantial
modification as described under Section 10.02.13 E.?
Based upon the analysis provided above, the proposed change is not deemed to be substantial
per LDC section 10.02.13.
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Wentworth Estates PUD, PDI-PL20250006723 December 11, 2025
The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC
Sec. 10.02.13.E.2 as follows:
a. Does this petition change the analysis of findings and criteria used for the original
application?
No changes are requested for permitted land uses, intensities, or design standards, nor are
there any changes to the original PUD findings.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The NIM was advertised and held on Tuesday, September 24, 2025, at 5:30 pm, at Treviso Bay
Clubhouse, Naples, FL 34109. There were five (5) members of the public present, and three (3) who
participated remotely on Zoom. A copy of the meeting transcript is attached to the backup package. A
copy of the NIM advertising and the prepared presentation are included in the Backup Package
(Attachment A).
PETITION APPEAL TO HEARING EXAMINER
As to any petition upon which the Hearing Examiner takes action, any party may appeal such final
action. Such an appeal shall be filed per Section 2-89 of the Collier County Code of Ordinances
within 30 days of the Decision by the Hearing Examiner. In the event that the Hearing Examiner has
approved the petition, the applicant shall be advised that he/she proceeds with construction at his/her
own risk during this 30-day period. Any construction work completed ahead of the approval
authorization shall be at their own risk.
STAFF RECOMMENDATION:
Staff recommends the Hearing Examiner APPROVE Petition PDI-PL2023006723, Wentworth
MPUD PDI, subject to including the following attachments in the HEX Decision:
1. Attachment B – PUD Language Changes
Attachments:
Attachment A – Backup Package
Attachment B – PUD Language Changes
Attachment C – Signs & Notification
Attachment D – Original PUD Findings (Page 16)
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Wentworth Estates PDI-PL2025000672
Words struck through are deleted; words underlined are added
October 14, 2025
SECTION IV
COMMERCIAL AREA
****
4.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25’) minimum or one-half the building height,
whichever is greater
2. Side Yard: Fi�een feet (15’), except a minimum setback of seven and a half
feet (7.5’) shall apply from the Florida Power & Light Access
Easement (OR Book 4296, Page 1817). See Exhibit C-1, Devia�on
#13 for the loca�on of the Florida Power & Light Access Easement.
3. Rear Yard: Fi�een feet (15’)
4. Preserve Setbacks:
i. Principal Structures: Twenty-five feet (25’)
ii. Accessory Structures: Ten feet (10’)
5. Setbacks from a lake for all principal and accessory uses may be zero (0) feet
provided architectural bank treatment is incorporated into the design.
6. Where residen�al landscape buffers are located adjacent to a commercial
property, clubhouse, or community pool facility, a 10-foot-wide Type A landscape
buffer is required on the residen�ally zoned property, and a 15-foot-wide Type B
landscape buffer is required along commercial, clubhouse, or community pool
property.
7. The perimeter landscape buffer, adjacent to the Florida Power and Light Access
Easement (OR Book 4296, Page 1817), is subject to Devia�on #13 in Exhibit C.
B. Exterior ligh�ng shall be arranged in a manner which will protect roadways and
residen�al proper�es from direct glare or unreasonable interference.
C. Maximum height of structures – Sixty feet (60’) Zoned height. Seventy feet (70’) Actual
height
D. Minimum distance between all other principal structures – Twenty feet (20’)
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Wentworth Estates PDI-PL2025000672
Words struck through are deleted; words underlined are added
October 14, 2025
E. Minimum distance between all other accessory structures (excluding drive-through
facili�es) – Ten feet (10’)
F. Minimum floor area – Seven hundred (700) square feet gross floor area on the ground
floor
G. Minimum lot or parcel area – Ten thousand (10,000) square feet
H. Minimum lot width – Seventy-five feet (75’)
I. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein are to be in accordance with the Collier County Land
Development Code in effect at the �me of site development plan approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
J. Architectural standards – All buildings shall maintain a consistent architectural theme
along theme along each building façade as required by Sec�on 5.05.08 of the Collier
County Land Development Code.
****
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Wentworth Estates PDI-PL2025000672
Words struck through are deleted; words underlined are added
October 14, 2025
EXHIBIT “C”
LIST OF DEVIATIONS
****
Devia�on 13: seeks relief from LDC Sec�on 4.06.02 C. Table 2.4 “Buffer Requirements,” which
requires a 15’ Type ‘B’ landscape buffer between commercial and residen�al uses, to instead
allow a 7.5’ Type ‘B’ landscape buffer for a total distance of ±320’, adjacent to the Florida Power
and Light Access Easement, as shown on Exhibit C-1. A compensa�ng buffer area will be provided
along the landscape buffer in the area shown on Exhibit C-1. The compensa�ng buffer area will
be sodded or mulched, or a combina�on thereof.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)
at 1:00 P.M., December 11, 2025, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe
Drive, Room 609/610, Naples, FL 34104, to consider:
PETITION NO. PDI-PL20250006723 – REQUEST FOR AN INSUBSTANTIAL CHANGE
TO ORDINANCE NO. 03-51, AS AMENDED, THE WENTWORTH ESTATES MIXED
USE PLANNED UNIT DEVELOPMENT (MPUD), COMMONLY KNOWN AS TREVISO
BAY, BY DECREASING THE REQUIRED WIDTH OF THE NORTHERN TYPE ‘B’
LANDSCAPE BUFFER AND REDUCING THE MINIMUM SIDE YARD SETBACK FOR
THE COMMERCIAL AREA. THE PARCEL, WHICH IS APPROXIMATELY +/- 9.07
ACRES, IS SPECIFICALLY LOCATED AT 10003 MARC ANTHONY WAY, LOT
TRACT FD-1 OF THE TREVISO BAY SUBDIVISION, SECTION 30, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
All interested parties are invited to appear and be heard. All materials used in presentation before the
Hearing Examiner will become a permanent part of the record.
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Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier
County Growth Management Community Development Department, Zoning Division, 2800 North
Horseshoe Drive, Naples, FL 34104.
As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such
final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances
within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by
the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be advise d that he/she
proceeds with construction at his/her own risk during this 30-day period. Any construction work completed
ahead of the approval authorization shall be at their own risk.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to
provide public comments remotely, as well as in person, during this proceeding. Individuals who would
like to participate remotely should register through the link provided within the specific event/meeting entry
on the Calendar of Events on the County website at www.collier.gov/Calendar-Events-directory events
after the agenda is posted on the County website. Registration should be done in advance of t he public
meeting, or any deadline specified within the public meeting notice. Individuals who register will receive
an email in advance of the public hearing detailing how they can participate remotely in this meeting.
Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for
technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or
email to Ray.Bellows@collier.gov.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2)
days prior to the meeting.
Andrew W. J. Dickman, Esq., AICP
Chief Hearing Examiner
Collier County, Florida
Page 261 of 466
Page 262 of 466
Page 263 of 466
Page 264 of 466
Page 265 of 466
12/11/2025
Item # 3.D
ID# 2025-4805
PETITION NO. SV-PL20250004410 – 8940 Sage Ave, Heritage Bay Commons - Request for a variance from the
Land Development Code Section 5.06.04 F.5 which allows for one menu sign with a maximum height of 6 feet,
measured from the drive-thru lane grade adjacent to the sign, and permits a maximum area of 64 square feet per drive-
thru lane with a limit of two signs per parcel, to instead allow an additional menu board for a total of two signs in one
drive-thru lane at 8940 Sage Ave, Heritage Bay Commons Tract D, Section 23, Township 48 South, Range 26 East,
Collier County, Florida. [Coordinator: Maria Estrada, Planner II] Commissioner District 3
ATTACHMENTS:
1. Staff Report SV-PL20250004410-CULVER'S 8940 Sage Ave
2. Attachment A-Sign Plans
3. Attachment B-Heritage Bay Ordinance No. 03-40
4. Attachment C- Applicatino & Backup Materials
5. Attachment D-Legal Ad & Sign Posting
Page 266 of 466
SV-PL20250004410– 8940 Sage Ave / Culver’s
December 11, 2025
Page 1 of 8
MEMORANDUM
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
ZONING DIVISION-ZONING SERVICES SECTION
HEARING: DECEMBER 11, 2025
SUBJECT: PETITION SV-PL20230004410, CULVER'S - 8940 SAGE AVE
PROPERTY OWNER/AGENT:
Owner: Naples Sunset Dreams LLC Agent / Applicant: Lora Trent
840 Lake Rd Springfield Sign
Brookfield, WI 53005 4825 E Kearney St.
Springfield, MO 65803
REQUESTED ACTION:
The petitioner requests a Sign Variance from Land Development Code Section 5.06.04.F.5 to
allow an additional menu sign in one drive-thru lane, enabling a total of two menu boards located
within Heritage Bay (PUD), Ordinance 03-40, as amended.
GEOGRAPHIC LOCATION:
The subject 1.06-acre parcel is located at 8940 Sage Ave, within the Heritage Bay Development,
and is also described as Heritage Bay Commons Tract D Second Replat Trace 1A, in Section 23,
Township 48 South, Range 26 East, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The subject 1.06-acre property is located within the Activity Center Commercial District, Section
VI of PUD, Ordinance 03-40, as amended. Per Section 2.17 of the PUD document, Signage is to
be as permitted or required by the LDC in effect at the time a permit is requested, unless such
regulations conflict with the conditions outlined in this Section, in which case the PUD documents
shall govern. Additionally, the ordinance does not address menu boards, so it reverts to the LDC
regulations. The applicant seeks the subject sign variance to maximize the efficiency of the drive-
thru lane operation and quality service. The existing design and limited physical space do not
allow or accommodate tandem drive-thru lanes. Allowing two menu boards, two order takers, and
two pickup windows in one lane will enhance customer service efficiency and increase capacity.
Page 267 of 466
SV-PL20250004410– 8940 Sage Ave / Culver’s
December 11, 2025
Page 2 of 8
(Location Map)
Page 268 of 466
SV-PL20250004410– 8940 Sage Ave / Culver’s
December 11, 2025
Page 3 of 8
(Culver’s Sign Placement Plan)
Page 269 of 466
SV-PL20250004410– 8940 Sage Ave / Culver’s
December 11, 2025
Page 4 of 8
Current Site Plan (Collier County SDP)
SURROUNDING LAND USE AND ZONING:
North: Interconnecting Private Sage Ave ROW and Developed Commercial Lot 5 within
Heritage Bay Plan Unit Development (PUD) Zoning District
East: Developed 0.63-acre Commercial parcel within Heritage Bay Plan Unit Development
(PUD) Zoning District
South: Canal, followed by Six-Lane Immokalee Road ROW and Baumgarten Mixed Plan
Unit Development (MPUD)
West: Developed 1.64-acre commercial parcel within Heritage Bay Plan Unit Development
(PUD) Zoning District
Page 270 of 466
SV-PL20250004410– 8940 Sage Ave / Culver’s
December 11, 2025
Page 5 of 8
Aerial Photo (Collier County GIS)
Street View – Sage Ave – Google Earth
Page 271 of 466
SV-PL20250004410– 8940 Sage Ave / Culver’s
December 11, 2025
Page 6 of 8
Street View – Sage Ave Entrance– Google Earth
Street View – Immokalee Rd Dr westbound approaching Goodland Bay Dr– Google Earth
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located in the Heritage Bay PUD on the Northeast corner of Immokalee
Road and Collier Boulevard in proximity to the Activity Center Subdistrict of the Future Land Use
Map (FLUM) of the GMP. The GMP does not address individual Variance requests but focuses
on the larger issue of the actual use. The Heritage Bay PUD is consistent with the FLUM.
Based upon the above analysis, Staff concludes that the proposed use for the subject site is
consistent with the Future Land Use Element, although the Variance request is not specifically
addressed.
STAFF ANALYSIS OF SIGN VARIANCE CRITERIA UNDER LDC SECTION 5.06.08 B.1:
a. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district.
Page 272 of 466
SV-PL20250004410– 8940 Sage Ave / Culver’s
December 11, 2025
Page 7 of 8
The staff recognizes that the challenges faced by the landowner are due to circumstances
specific to the property, which were not caused by the landowner themselves. It is important
to note that granting the variance will not significantly change the essential character of the
area within the same district. Culver’s current physical footprint limits the possibility of
adding a double drive-through lane. Allowing the installation of two menu boards, two order
takers, and two pickup windows within a single lane will improve operational capacity. This
strategy will effectively serve more customers in one lane, increase vehicle counts without
lengthening service times, and encourage customers to use the tandem lane because of the
perceived shorter wait. Ultimately, these changes are expected to improve the business's
operational efficiency.
b. That literal interpretation of the provisions of the sign code would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district
and would work unnecessary and undue hardship on the applicant.
The applicant states that a strict interpretation of these regulations would cause unnecessary
hardships on their operation, especially affecting the efficiency of their drive-thru services.
Staff acknowledge that the proposed tandem double-drive-thru design aims to increase
customer throughput by allowing two vehicles to be served at once, even with a single
entrance and exit. It's essential to note that the requested modification aligns with the broader
goal of enhancing operational efficiency and customer satisfaction during peak periods. The
findings suggest that denying this request could lead to operational inefficiencies, resulting
in longer wait times and lower customer service quality. Staff agrees.
c. That the special conditions and circumstances which are peculiar to the land,
structure, or building do not result from the actions of the applicant.
The applicant states that the special conditions and circumstances peculiar to the land,
structure, or building do not result from the applicant's actions. Some restaurants with
limited space, such as Culver’s, which features a tandem drive-through that includes two
menu boards, can increase capacity without expanding the drive-through’s physical
footprint. Staff concur.
d. That granting the Variance requested will not confer on the applicant any special
privilege that is denied by this sign code to other lands, structures, or buildings in the
same zoning district.
The requested variance will not grant any special privileges that are unavailable to others
in the same zoning district. Approving the request aligns with Culver’s brand standard and
national branding efforts. Denying the request would impose unnecessary hardship on the
landowner. Allowing two menu boards in a single lane will help manage queue lengths,
optimize staffing, improve operational efficiency, and enhance customer experience.
Page 273 of 466
SV-PL20250004410– 8940 Sage Ave / Culver’s
December 11, 2025
Page 8 of 8
e. That the Variance granted is the minimum relief that will make possible the
reasonable use of the land, building, or structure.
The applicant is seeking a variance for an additional menu board at Culver's to improve
drive-thru operations. This variance request represents the minimum relief necessary and
the reasonable use of the property to increase efficiency and allow two cars to be served
simultaneously, improving overall throughput. Additionally, it aims to reduce wait times
and enhance staff performance. Staff concur.
f. That the granting of the Variance will be consistent with the general intent and
purpose of the Collier County Sign Code and the Growth Management Plan, and will
not be injurious to adjacent properties or otherwise detrimental to the public welfare.
The requested variance aligns with the Collier County Sign Code and Growth
Management Plan, ensuring it won't negatively affect neighboring properties or public
welfare. It represents a minor adjustment that supports effective communication while
maintaining safety and efficiency. The variance will not hinder community health or
property rights, and it won't obstruct light or air access for nearby properties.
Additionally, it is expected to improve operational efficiency and reduce wait times at the
drive-thru lane, benefiting the community overall.
CONCURRENT LAND USE APPLICATIONS:
There are no concurrent land use applications under review at present.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner render a Decision to approve Petition
SV-PL20250004410 to deviate from LDC Sections 5.06.04.F.5 by allowing an additional menu
board at the subject location.
Attachments:
A. Sign Plan
B. Heritage Bay, Ordinance No. 03-40
C. Applicant’s Application and Backup Materials
D. Legal Ad and HEX Sign Posting
Page 274 of 466
SCALE 1" = 25'Client:
Culver Franchising System, Inc.
540 Water Street
Prairie du Sac, WI 53578
p (608) 643-7980Sheet Number:
1 OF 1
Project Number:
Drawn By:
Reviewed By:
Date:
CLH
MW
SPRINGFIELD SIGN
4825 E. Kearney St.
Springfield, MO 65803
(417) 862-2454
8-26-25
LOCATION:
55465
NAPLES, FL.
CULVER FRANCHISING SYSTEM, INC.
NEW CULVER'S-SIGNAGE
8940 SAGE AVE.
NAPLES, FL. 34120
SIGN PLACEMENT PLAN DRIVETHRUSAGE AVE
9'-6"5'-4"EXISITNG MENU
BOARD AND
CANOPY TO
REMAIN
197.5'235.75'197.5'235.4'N
MENU
BOARD
(MB-DT-46)
DRIVE THRU
CANOPY
(DTC-1)
63.43'
38.68'
29.0'
116.80'
Per the Land Development Code Section 5.06.04.F.5 Menu boards: One sign with a maximum height of 6 feet
measured from drive thru lane grade adjacent to the sign and 64 square feet of area is allowed per drive thru
lane, not to exceed 2 signs per parcel. Our request is for 2 Menu Boards at 38.39 s.f., totaling 76.78 for 2 Menu
Boards. We are proposing an in line double drive through with 2 Menu Boards and Ordering Canopies.
VARIANCE
BOUNDARY
MB-DT-46 38.39 S.F.99" (W) X 55.50" (H)
MENU BOARD TOTAL = 76.78 S.F.
MENU BOARD AREA CALCULATIONS
SIGN SIZE (APPROX.)AREA
MB-DT-46 38.39 S.F.99" (W) X 55.50" (H)
Page 275 of 466
DRIVETHRUW
IMMOKALLEE ROAD
(PUBLIC)
SAGE AVENUE
(PRIVATE)
COCOHATCHEE CANAL
RESTAURANT
4,190 S.F.
PATIO
FUTURE
RESTAURANT
(BY OTHERS)
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Bonita Springs: 239.947.1144 Fort Myers: 239.690.4380
0 20' 40'10'
SCALE: 1" = 20'
SITE DATA
LAND USE ACRES SF
%
TOTAL SITE AREA: = 1.06
46,137 100%
IMPERVIOUS = 0.84
36,167 78.4%
BUILDING(s)= 0.10 4,190 9.1%
PAVEMENT
(INCL CURB)= 0.67
29,071 63.0%
CONCRETE
(SIDEWALK/DUMPSTER/OTHER)= 0.07 2,906 6.3%
PERVIOUS (OPEN SPACE)= 0.22 9,970 21.6%
PARKING CALCULATIONS
REGULAR SPACES: PER COLLIER COUNTY LAND DEVELOPMENT CODE §4.05.04.G, TABLE 17
HANDICAP SPACES: PER COLLIER COUNTY LAND DEVELOPMENT CODE §4.05.07.B, TABLE 19
DATA CRITERIA CALCULATION
REQUIRED
PROVIDED
(INCL H/C)
BUILDING = 4,190 S.F.
GREATER OF 1/2 SEATS or
1/70 SF DINING, INCLUDING OUTDOOR SEATING AREAS AND
1/200 SF SERVICE
110 / 2 = 55 or
(2,028 + 375 (PATIO)) = 2,403 S.F./70=34.3
AND (2,162 / 200) =10
55 + 10 = 65
65 50
4
HANDICAP SPACES 26-50 TOTAL SPACES = 2 H/C 50 TOTAL SPACES = 2 2 2
BICYCLE PARKING REQUIREMENTS PER COLLIER COUNTY LAND DEVELOPMENT CODE §4.05.08
50 PROVIDED PARKING
SPACES 5% OF PARKING OR MIN. OF 2 SPACES 5% * 50 = 2.5 3 3
STACKING
9 SPACES WITH (5) PRECEDING THE MENU BOARD. FIRST VEHICLE BEING SERVED IS
NOT INCLUDED IN THE TOTAL REQUIRED. COMPUTED AT 20' PER VEHICLE AND 22'
PER VEHICLE ON TURNS MEASURED AT THE OUTSIDE OF THE DRIVE.
N/A
(9) SPACES WITH (5)
PRECEDING THE
MENU BOARD
(7) SPACES WITH (3)
PRECEDING THE MENU
BOARD AND (4) ORDER
WAITING SPACES. SEE
NOTE 2.
LOADING
BUILDINGS WITH LESS THAN 5,000 SF ARE NOT LISTED TABLE 18 OF LDC SECTION
4.05.06. PER SECTION 4.05.06.B.3 FOR FACILITIES NOT OF SUFFICIENT SIZE TO MEET
THE MINIMUM REQUIREMENTS SET FORTH THEREIN, EACH SUCH FACILITY SHALL
PROVIDE OFF- STREET LOADING ON THE PROPERTY FOR THE PARKING OF A
DELIVERY VEHICLE TO ENSURE THAT NO DELIVERIES OR SHIPMENTS OF GOODS OR
PRODUCTS WILL REQUIRE THE USE, HOWEVER TEMPORARY, OF ANY PUBLIC
RIGHT-OF-WAY OR REQUIRED OFF- STREET PARKING SPACE.
N/A
NO USE OF PUBLIC
R.O.W. FOR
DELIVERIES OR USE
OF OFF-STREET
REQUIRED PARKING
DURING BUSINESS
HOURS.
NO DELIVERIES WILL
TAKE PLACE DURING
BUSINESS HOURS AND
DELIVERIES WILL BE
ON-SITE.
1. NO LOADING SPACE REQUIRED PER §4.05.06 SINCE THE PROPOSED RESTAURANT IS LESS THAN 5,000 S.F.
2. A REDUCED STACKING ADMINISTRATIVE DEVIATION HAS BEEN APPROVED UNDER PL20170002932.
3. SEAT COUNT CONSISTS OF 86 SEATS INSIDE AND 24 SEATS ON THE PATIO.
4. AN ADMINISTRATIVE PARKING REDUCTION FOR PARKING SPACES HAS BEEN APPROVED UNDER PL20170002932.
ZONING AND PERIMETER LANDSCAPE BUFFERS
EXISTING ZONING / USE BUFFER (TYPE)
R.O.W. / SAGE AVENUE (N) 10' (D)
R.O.W. / COCOHATCHEE CANAL R.O.W. & IMMOKALEE ROAD R.O.W. (S) 20' (D)
HERITAGE BAY COMMONS PUD, ACTIVITY CENTER COMMERCIAL / VACANT COMMERCIAL
(RESTAURANT PROPOSED UNDER SEPARATE CONCURRENT SDP) (E)2.5' (A) (5' SHARED)
HERITAGE BAY COMMONS PUD, ACTIVITY CENTER COMMERCIAL / VACANT COMMERCIAL
( PROPOSED HEARTLAND DENTAL PROJECT UNDER PL#20160003383) (W)7.5' (A) (15' SHARED)
ZONING DATA PER TABLE 3 OF SECTION VI, ORD. NO. 03-40 (DEVELOPMENT
STANDARDS FOR ACTIVITY CENTER COMMERCIAL AND GOVERNMENTAL FACILITY SITE)
REQUIRED PROVIDED
MINIMUM LOT OR PARCEL AREA 10,000 S.F. 46,140 S.F.
MINIMUM LOT WIDTH 75' 196.9'
FRONT YARD SETBACK (N)
SAGE AVENUE R.O.W.15.0' 68.0'
REAR YARD SETBACK (S)
100' CANAL R.O.W. & IMMOKALEE ROAD R.O.W.
35' OR BH, WHICHEVER IS
GREATER, 35'78.3'
SIDE YARD (E)
COMMERCIAL 15.0' 110.4'
SIDE YARD (W)
COMMERCIAL 15.0' 32.8'
EX. PAVEMENT
PROP. PAVEMENT
EX. SIDEWALK
PROP. SIDEWALK/CONCRETE
PROP. PAVERS
BUILDING HEIGHT
MAXIMUM ALLOWED 1 50.0'
PROVIDED ZONED HEIGHT 2 29.43'
PROVIDED ACTUAL HEIGHT 3 37.93'
1. PER TABLE 3 OF SECTION VI, ORDINANCE NO. 03-40.
2. PER SECTION 1.8 OF ORD. NO. 03-40, BUILDING HEIGHT IS MEASURED FROM THE FINISHED FLOOR TO THE HIGHEST
POINT OF THE ROOF SURFACE OF A FLAT OR BERMUDA ROOF. WHERE MINIMUM FINISHED FLOOR ELEVATIONS HAVE
BEEN ESTABLISHED BY LAW OR PERMIT REQUIREMENTS, THE BUILDING HEIGHT SHALL BE MEASURED FROM SUCH
REQUIRED MINIMUM FINISHED FLOOR ELEVATIONS (F.F.E.).
PER FEMA THE MINIMUM F.F.E. IS 13.00 FT-NAVD + 1.00 FT = 14.00 FT-NAVD.
PER THE EXISTING SFWMD PERMIT THE MINIMUM F.F.E. IS 15.85 FT-NAVD.
THERE FORE, THE PROVIDED ZONED HEIGHT IS MEASURED FROM 15.85 FT-NAVD.
3. ACTUAL HEIGHT IS MEASURED FROM THE AVERAGE ADJACENT STREET ELEVATION TO THE HIGHEST POINT ON THE
STRUCTURE. THE AVERAGE ADJACENT ROAD ELEVATION IN 14.93 FT-NAVD.
REFUSE AND SOLID WASTE DISPOSAL
LDC §5.03.04
REQUIRED PROVIDED
AT LEAST ONE STANDARD BULK
CONTAINER FOR GARBAGE AND
ONE RECEPTACLE FOR RECYCLE
ONE STANDARD BULK CONTAINER
FOR GARBAGE AND ONE
STANDARD BULK CONTAINER FOR
RECYCLE
Page 276 of 466
ORDINANCE NO 03 4 0
AN ORDINANCE AMENDING ORDINANCE NUMBER 91102
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS
NUMBERED 8613S 8613N 8614S 8614N 8623S 8623N 8624S
AND 8624N BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL
AGRICULTURAL TO PUD PLANNED UNIT DEVELOPMENT
KNOWN AS THE HERITAGE BAY PUD LOCATED ON THE
NORTHEAST CORNER OF IMMOKALEE ROAD CR 846 AND
COLLIER BOULEVARD CR 951 IN SECTIONS 13 14 23 AND
24 TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER
COUNTY FLORIDA CONSISTING OF APPROXIMATELY 2562
ACRES AND BY PROVIDING AN EFFECTIVE DATE
WHEREAS Richard Woodruff AICP of WilsonMiller Inc representing US Home
Corporation 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 Sections 13 14 23
and 24 Township 48 South Range 26 East Collier County Florida is changed from A Rural
Agricultural to PUD Planned Unit Development in accordance with the Heritage Bay PUD
Document attached hereto as Exhibit A and incorporated by reference herein The Official Zoning
Atlas Maps numbered 8613S 8613N 8614S 8614N 8623S 8623N 8624S and 8624N as
described in Ordinance Number 91102 the Collier County Land Development Code are hereby
amended accordingly
SECTION TWO
This Ordinance shall become effective upon filing with the Department of State
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County
Florida this 2 9 th day of JULY
Approved as to Form
and Legal Sufficiency
Mmjori0vl Student
Assistant County Attorney
PUDZ2002AR2841RBsp
2003
BOARD OF COUNTY COMMISSIONERS
COLLIERTIA
This ordinance filed with the
fStntes Office tbeSecretary
day f
and acknowledgement of that
filincx received this day
Page 277 of 466
HERITAGE BAY
A
PLANNED UNIT DEVELOPMENT
PREPARED FOR
US Home Corporation
10491 Six Mile Cypress Parkway
Suite 101
Fort Myers Florida 339126404
PREPARED BY
WilsonMiller Inc
3200 Bailey Lane Suite 200
Naples Florida 34105
and
Young van Assenderp Varnadoe Anderson PA
801 Laurel Oak Drive Suite 300
Naples FL 34108
DATE FILED July 2002
REVISED February 2003
REVISED May 2003
REVISED July 30 2003
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC rrTv 9 n n 3ORDINANCENUMBER2an4
N0442005 003 PPHS 26902
Page 278 of 466
TABLE OF CONTENTS
SECTION
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
LEGAL DESCRIPTION PROPERTY OWNERSHIPANDGENERALDESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL DISTRICTS
VILLAGE CENTER DISTRICT
RECREATION OPEN SPACE DISTRICT
ACTVITY CENTER COMMERCIAL DISTRICT
CONSERVATION AND PRESERVATION DISTRICT
EXHIBITS
EXHIBIT A
EXHIBIB
EXHIBIT C
EXHIBIT D1
EXHIBIT D2
HERITAGE BAY MASTER CONCEPT PLAN
WilsonMiller file C044255 sheet 1 of 2
LOCATION MAP
HERITAGE BAY BICYCLE PEDESTRIAN PLAN
WilsonMiller file C044255 sheet 2 of 2
WELL SITES PLAN
POTENTIAL WELL LOCATIONS PLAN
PAGE
i
11
21
31
41
51
61
71
712112003 119347 Vet 12DVVEHR
N0442 005003 PPH320902
Page 279 of 466
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of US Home Corporation hereinafter referredtoasUSHometocreateaPlannedUnitDevelopmentPUDon2562acresoflandlocatedinSections131423and24Township48SouthRange26EastCollierCountyFloridaThenameofthisPlannedUnitDevelopmentshallbeHeritageBayThedevelopmentofHeritageBaywillbeincompliancewiththeplanninggoalsandobjectivesofCollierCountyassetforthintheCollierCountyGrowthManagementPlanGMPThedevelopmentwillbeconsistentwiththeadoptedgrowthpoliciesandlanddevelopmentregulationsoftheGMPFutureLandUseElementFLUEandotherapplicableregulationsforthefollowingreasons
Heritage Bay encompasses four square miles of land Sections 13 14 23 and 24Township48SouthRange26EastSection23locatedatthenortheastquadrantoftheintersectionofCollierBoulevardCountyRoad951andImmokaleeRoadiswithintheGMPsurbanboundaryandisclassifiedasUrbanResidentialFortyacresattheintersectionofCollierBoulevardCountyRoad951andImmokaleeRoadisidentifiedasActivityCenter3TheremainingthreesectionswithinHeritageBaySections1314and24aredesignatedasRuralFringeMixedUse
An UrbanRural Rural Fringe Transition Zone Overlay URFTZO encompasses all four
square miles of the Heritage Bay PUD This Overlay includes nine performancestandardsTheHeritageBayPUDisconsistentwitheachofthesestandards
URFTZO Standards
1 The Heritage Bay PUD exceeds Standard 1 by providing a minimum of 863 acres initsConservationPreservationdesignationwhicharecontiguoustooffsitewetlandsownedbytheCorkscrewRegionalEcosystemWatershedCREW2TheHeritageBayPUDexceedsthe40requirednativevegetationrequirement3TheHeritageBayPUDexceedsthe70openspacerequirement4Tothegreatestextentpracticaltheexistingrockquarriesareincorporatedintotheregionalwatermanagementsystemandutilizedtoaccommodatethepassingthroughofoffsitewaterflowsandmaybeusedforrecreationalpurposes5TheHeritageBayPUDwillconnecttotheCountysregionalwaterandwastewaterfacilities
6 The Heritage Bay PUD does not exceed the 3450 not including the 200 ALF unitsmaximumnumberofresidentialunitsontheentireHeritageBayproperty7TheHeritageBayPUDisdesignedtoencourageinternalvehicletripcapturebyprovidingcommercialandrecreationalusesandprovidingforpedestrianand
bicyclist access to internal community recreation and convenience retail centersInternalprojectroadwaysareconnectedandprovideaccesstotheActivityCenter8TheHeritageBayPUDcomplieswiththelimitationsforcommercialdevelopmentwithintheURFTZOTheHeritageBayActivityCenterislimitedto40acresandthethreeVillageCentersarelimitedto26acresTheActivityCentercommercialusesincludeamaximumof150000squarefeetofretailusesand50000squarefeetofofficeusesTheVillageCentercommercialusesincludeamaximumof10000
square feet of retail uses 10000 square feet of restaurant uses 5000 square feet ofmarinarelatedretailusesand5000squarefeetofofficeuses
71212003 119347 Yet 12 DWEHR
N0442005003PPHS 26902
Page 280 of 466
Section 54N of the Heritage Bay PUD requires that one transfer of developmentrightcreditshallbeacquiredfromareasidentifiedbytheCountyasSendingLands
for each five gross acres of land area utilized as part of the golf courses
The Heritage Bay PUD includes property designated as Urban Urban Commercial DistrictMixedUseActivityCenterSubDistrictActivityCenter3amasterplannedmixeduseActivityCenterGMPFLUESectionIB1statesthatsuchmasterplannedmixeduseActivityCentersareunderstoodtobeflexibleandsubjecttomodificationTheHeritageBayActivityCenterisconsistentwiththe40acresizelimitationItsconfigurationrespondstoexistingandfuturesurroundinglanduses
Heritage Bay is compatible with and complementary to existing and future surrounding land
uses as required in Policy 54 of the FLUE
Improvements are planned to be in compliance with applicable land developmentregulationsassetforthinObjective3oftheFLUE
The development of the Heritage Bay PUD will result in an efficient and economicalextensionofcommunityfacilitiesandservicesasrequiredinPolicies31HandLofthe
FLUE
SHORT TITLE
This Ordinance shall be known and cited as the HERITAGE BAY PLANNED UNITDEVELOPMENTORDINANCE
N0442005003PPHS 26902
Page 281 of 466
11
12
13
14
SECTION I
LEGAL DESCRIPTION PROPERTY OWNERSHIP AND GENERAL DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the legal description and ownership of theHeritageBayPUDandtodescribetheexistingconditionofthepropertyproposedtobedeveloped
LEGAL DESCRIPTION
All of Sections 13 14 23 and 24 and less to the South 100 feet of Sections 23 and 24Township48SouthRange26EastCollierCountyFlorida
PROPERTY OWNERSHIP
Purchase contracts have been entered into with the existing property owners ClosingswilloccurandpropertyacquisitionwillbeconcludedatsuchtimeasprojectdevelopmentplanshavebeenapprovedbytheCountyandotherjurisdictionalagenciesTheprojectpurchaserdeveloperisUSHomeCorporationwhoseaddressis10491SixMileCypressPkwyFortMyersFlorida33912
GENERAL DESCRIPTION OF PROPERTY
The project site is located in Sections 13 14 23 and 24 Township 48 SouthRange26EastCollierCountyFloridacontainingapproximately2562acres
and is generally located at the northeast corner of the Immokalee Road CR 846andCollierBoulevardCountyRoad951intersection
The property has been actively mined for limerock by Florida Rock Industries for
over 28 years Currently the mine is active with 414 acres of existing quarriesandispermittedtomineanadditional1286acresforanadditional25yearsSections1314and24ofthepropertycontainlargewetlandareastothenorthwhicharecontiguoustowetlandsproposedfortheCocohatcheeWestFlowwayandapprovedfordesignationbytheCorkscrewRegionalEcosystemWatershed
CREW Trust Approximately 533 acres of the wetlands which exist on the
property are in a conservation easement granted to CREW
The Heritage Bay PUD is bordered on the east by the Bonita Bay East golf courses
on the north by CREW lands approved for designation as a Natural Resource
Protection Area and on the west by the Mirasol PUD To the south is Immokalee
Road
The existing ground elevation of the Heritage Bay PUD varies from approximately110to155feetNGVD
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DEVELOPMENT OF REGIONAL IMPACT
The Development of Regional Impact DRI has been submitted for approval in accordancewithFloridaStatuesChapter38006NothinginthisPUDOrdinanceshallbedeemedtowaivetheDRIandothervestingprovisionsofFloridaStatutesSection16331678andChapter380
DEVELOPMENT PARAMETERS
The number of dwelling units to be built in the Heritage Bay PUD pursuant to thisPUDandDRIdevelopmentorderwillnotexceed3450plusanAssistedLivingFacilitycontainingupto200units
B Up to 54 holes of golf may be built in the Heritage Bay PUD
Commercial activities are limited to a total of 40 acres within the Activity Center
located at the northeast quadrant of the intersection of Collier Boulevard andImmokaleeRoadandthreeVillageCenterstotalingapproximately26acreswithintheresidentialpartofHeritageBayTheActivityCentercommercialuseswillincludeamaximumof150000squarefeetofretailusesand50000squarefeetofofficeusesTheVillageCentercommercialuseswillincludeamaximumof10000
square feet of retail uses 10000 square feet of restaurant uses 5000 square feet
of marina related retail uses and 5000 square feet of office uses
D Conservation and Preserve Areas will total a minimum of 863 acres
DENSITY
A maximum of 3450 dwelling units and an Assisted Living Facility containing up to200unitsmaybebuiltontheHeritageBayPUDs2562acresThegrossprojectdensitywillbeamaximumof13unitsperacreForthepurposeofcalculatingdensityeachassistedlivingfacilitiescongregatecarefacilitiesunitshallbe
considered to be equal to 33 of a residential dwelling unit
At all times all property included within the Heritage Bay PUD shall be included indeterminingprojectdensityincludingpropertyreservedortobededicatedforpublicusessuchasbutnotlimitedtopublicroadwaysandconservationareas
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BUILDING HEIGHT DEFINITION
The vertical distance from the first finished floor to the highest point of the roof surface of
a flat or Bermuda roof to the deck line of a mansard roof and to the mean height levelbetweeneavesandridgeofgablehipandgambrelroofsWhereminimumfloorelevationshavebeenestablishedbylaworpermitrequirementsthebuildingheightshallbemeasuredfromsuchrequiredminimumfloorelevationsSeeSection263oftheLDCExclusionsfromHeightLimitsRequiredminimumfloorelevationsshallbeinconformancewiththeCollierCountyBuildingConstructionAdministrativeCodeandif
necessary FDEP requirements for minimum habitable firstfloor structural supportInfrastructureinsupportofthebuildingsuchasmechanicalroomsforfiresuppressionandorairconditioningequipmentandelevatorshaftsarenotincludedinthedeterminationofbuildingheightAccessoryfacilitiesarealsoexemptedfromthelimitationsestablishedformeasuringtheheightofbuildings
EXISTING EARTHMINING AND RELATED PROCESSING ASPHALT PLANTCOMMERCIALEXCAVATIONANDOFFSITEHAULING
Nothing in this PUD Ordinance shall limit prior approvals for and the continuation and
expansion of the existing earth mining and related processing asphalt plant commercialexcavationandoffsitehaulingoperationsbyFloridaRockindustriesIncandtheMule
Pen Quarry Corporation their successors and assigns hereinafter collectively referred to
as Florida Rock Industries on all areas of the Heritage Bay PUD not designated as aPreserveArea
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SECTION II
PROJECT DEVELOPMENT
PURPOSE
The purpose of this Section is to generally describe the plan of development for theHeritageBayPUDandtoidentifyrelationshipstoapplicableCountyordinancespoliciesandprocedures
GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Heritage Bay PUD a proposed 2562 acre master planned community located inSections131423and24Township48SouthRange26EastinCollierCountyFloridawillincludearangeofsinglefamilyandmultifamilyhousinganassistedlivingfacilityandbothwaterrelatedandgolfrelatedamenitiesalongwiththreeVillageCenterswhichwillprovidemanyservicesandfacilitiesthatsupportitsresidentsincludingbutnotlimitedtoclubfacilitiescommunitymeetingroomssmallscaleneighborhoodcommercialgoodsandservicesandarecreationcenterThedevelopmentalsoincludesanActivityCenterlocatedatthenortheastquadrantoftheintersectionofCollierBoulevardCountyRoad951andImmokaleeRoad
Approximately 533 acres of the subject propertys wetlands are in a conservationeasementthathasbeengrantedtotheCREWTrustAdditionalundisturbednaturalwetlandsanduplandsonthenorthendofthepropertyandamitigationarealocated
near Immokalee Road bring the total Conservation and Preserve Area shown on theMasterConceptPlanto863acres
The Heritage Bay PUD Master Concept Plan is illustrated graphically on Exhibit AWMIncFileNoC044255ALandUseSummaryindicatingapproximatelanduse
acreages is shown on the Master Concept Plan The location size and configuration ofndividualtractsshallbedeterminedatthetimeofpreliminarysubdivisionplatapprovalwithminoradjustmentspermittedatthetimeoffinalplatapprovalinaccordancewithSection3272oftheLDC
COMPLIANCE WITH COUNTY ORDINANCES
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Regulations for development of the Heritage Bay PUD shall be in accordance withthecontentsofthisPUDOrdinanceandtotheextenttheyarenotinconsistentwiththisPUDOrdinanceapplicablesectionsoftheLDCwhichareineffectatthetimeofissuanceofanydevelopmentordertowhichsaidregulationsrelateandwhichauthorizetheconstructionofimprovementssuchasbutnotlimitedtofinalsubdivisionplatfinalsitedevelopmentplanexcavationpermitandpreliminaryworkauthorizationWherethisPUDOrdinancedoesnotprovidedevelopmentalstandardsthentheprovisionsofthespecificsectionoftheLDCthatisotherwiseapplicableshallapply
Unless otherwise defined herein or as necessarily implied by context thedefinitionsofalltermsshallbethesameasthedefinitionssetforthintheLDCineffectatthetimeofdevelopmentorderapplication
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Unless modified waived or excepted by this PUD or by subsequent request theprovisionsofotherapplicablesectionsoftheLDCremainineffectwithrespecttothedevelopmentofthelandwhichcomprisesthisPUD
All conditions imposed herein are part of the regulations which govern the mannerinwhichthelandmaybedeveloped
The Subdivisions Division of the LDC Article 3 Division 32 shall apply to theHeritageBayPUDexceptwhereanexemptionissetforthhereinorotherwisegrantedpursuanttoSection324oftheLDC
The Site Development Plans Division of the LDC Article 3 Division 33 shall applytotheHeritageBayPUDexceptwhereanexemptionissetforthhereinorotherwisegrantedpursuanttoSection334oftheLDC
COMMUNITY DEVELOPMENT DISTRICT
The developer may elect to petition to establish a Community Development District CDDtoprovideandmaintaininfrastructureandcommunityfacilitiesneededtoservealloforaportionoftheprojectSuchaCDDwouldconstituteatimelyefficienteffectiveresponsivemeasuretoensuretheprovisionandongoingmaintenanceoffacilitiesandinfrastructurefortheproposeddevelopmentSuchinfrastructureimprovementsaswouldbeconstructedmanagedandfinancedbysuchaCDDshallbesubjecttoandshallnotbeinconsistentwiththeGMPandallapplicableordinancesdealingwithplanningandpermittingoftheHeritageBayproject
SUBSTITUTIONS TO DESIGN STANDARDS
Standards for roads shall be in compliance with the applicable provisions of theLDCregulatingsubdivisionsunlessotherwisemodifiedwaivedorexceptedbythisPUDorapprovedduringpreliminarysubdivisionplatapprovalThedeveloperalsoretainstherighttoestablishgatesguardhousesotheraccesscontrolssignsandmonumentsasmaybedeemedappropriatebythedeveloperonallprojectroadways
Roadways within the Heritage Bay PUD shall be designed and constructed inaccordancewithSection328oftheLDCwiththefollowingsubstitutions
LDC Section 328319 Street name signs shall be approved by thePlanningServicesDirectorbutneednotmeettheUSDOTFHWAManualonUniformTrafficControlDevicesTherequirementsforstreetpavementpaintingstreetstripingandreflectiveedgingshallbewaived
LDC Section 3284166 The 1000foot length culdesac streetmaximumshallbewaived
LDC Section 3284165 Street right of way width The minimum rightofwaytobeutilizedforalocalstreetwithintheHeritageBayPUDshallbe50feet
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A pedestrian and bicycle pathway network shall be established throughout the project asshownconceptuallyontheHeritageBayPUDBicyclePedestrianPlanThepedestrianandbicyclesystemwillservetolinktheActivityCenterandthethreeVillageCenters
areas with residential uses throughout the project See Exhibit C Sidewalks and bikepathsshallconformtoSection328317oftheLDCexceptasfollows
All streets designated as Bikepath Loop on Exhibit C shall have a 4fourfootwidebikelaneoneachsideofthestreetwithintherightofway
All locations designated as Sidewalk on Exhibit C shall have a 4footwidesidewalkononesideofthestreetwithintherightofwayoranoffstreetsidewalk
The area designated as internal BikepathSidewalk Loop on Exhibit C shall have
an 8foot wide internal bikepathsidewalk loop permitted within the drainage andmaintenanceeasements
PROJECT NAME AND ROAD NAMES
The provisions of Section 32712and 328319 of the LDC and Ordinance No 0314whichplacerestrictionsontheduplicationoruseofcloselyapproximatenamesforprojectsandsubdivisionsshallbewaivedtoallowtheentireprojectandsubdivisions
within the project to utilize the words Heritage Bay as part of their respective namesprovidedthat
Ao Only the main entrance road within the Heritage Bay PUD may be namedHeritageBayBoulevard
AKE
No other roadway within the Heritage Bay PUD will include the word Heritage initsnameAllroadwaynamesshallbesubjecttoapprovalbythePlanningServicesDirectorduringthepreliminarysubdivisionplatapprovalprocess
SETBACK AND EXCAVATION
As depicted on the Heritage Bay PUD Master Concept Plan lakes have beenpreliminarilysitedwiththeultimatelocationandconfigurationtobedeterminedduringthesitedevelopmentreviewstagesofprojectdevelopment
All lakes greater than two acres may be excavated to the maximum commercial
excavation depths set forth in Section 35731of the LDC
Lake banks and edge of water may be sculpted for aesthetic purposes and tocomplementtheoverallprojectthemeThedevelopermayusecombinationsofverticalbulkheadsrockconcretewoodvegetationbeachandearthenbermsforaestheticpurposesconsistentwiththeintentofSection28374oftheLDCSidewalksmaybeconstructedalongthelakeedges
Final lake area determinations shall be in accordance with the South FloridaWaterManagementDistrictstormwatercriteriaandSection357oftheLDC
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E Lake Setbacks
The lake setback requirements described in Section 3571 of the LDC
may be reduced with the administrative approval of the CommunityDevelopmentandEnvironmentalServicesAdministrator
Lake excavations shall be located so that the control elevation shalladheretothefollowingminimumsetbackrequirementsunlessbulkheadingisprovidedperLDCandFloridaDepartmentofTransportationFDOTstandards
Lakes and stormwater management features may be locatedadjacenttointernalroadsTheroadsshallbedesignedtoAASHTOroadstandardsandshallincorporatesuchfactorsasroadalignmenttravelspeedbanksloperoadcrosssectionsandbarriers
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b Lakes and stormwater management features shall be set back aminimumof20feetfromexternalpropertyboundariesoftheHeritageBayPUD
MODEL HOMESSALES CENTERSSALES OFFICESCONSTRUCTION OFFICES
A Model homes sales centers sales offices construction offices and other usesandstructuresincludingtemporarysalesandtemporaryservicecentersrelatedtothepromotionandsaleofrealestatesuchasbutnotlimitedtopavilionsviewingplatformsgazebosparkingareasandsignsshallbepermittedprincipalusesthroughouttheHeritageBayPUDsubjecttotherequirementsofSection26334andSection32636oftheLDC
B The limitation of Section 2633415a of the LDC regarding the number ofmodelhomesallowedpriortoplatrecordationshallbeapplicabletoeachsubdivisiontractratherthaneachsubdivisionphase
C The model homesale centers temporary use permits shall be valid through thebuildoutoftheprojectwithnoextensionofthetemporaryuserequired
D Model homesale centers may be either wet or dry facilities The model homesalecentersmayuseseptictanksorholdingtanksforwastedisposalsubjecttopermittingunderSection10D6FloridaAdministrativeCodeandmayusepotablewaterexistinglakesorirrigationwellsforirrigation
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29 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or the Heritage BayPUDMasterConceptPlanasprovidedinSection2735oftheLDCMinorchangesorrefinementsasdescribedhereinmaybemadeinconnectionwithanytypeofdevelopmentorpermitapplicationrequiredbytheLDC
The Community Development and Environmental Services Administrator shall beauthorizedtoapproveminorchangesandrefinementstotheHeritageBayPUDMasterConceptPlanuponwrittenrequestofthedeveloper
A The following limitations shall apply to such requests
The minor change or refinement shall be consistent with the Collier CountyGMPandtheHeritageBayPUDdocument
The minor change or refinement shall not constitute a substantial changepursuanttoSection27351oftheLDC
The following shall be deemed minor changes or refinements
Reconfiguration of lakes ponds canals or other water managementfacilitieswheresuchchangesareconsistentwiththecriteriaoftheSouthFloridaWaterManagementDistrictandCollierCounty
Internal realignment of rightsofways including a relocation of access
points to the Heritage Bay PUD itself where water management facilitypreservationareasorrequiredeasementsarenotadverselyaffectedor
otherwise provided for
3 Reconfiguration of parcels when there is no encroachment into theconservationarea
Minor changes and refinements as described above shall be reviewed byappropriateCollierCountyStafftoensurethatsaidchangesandrefinementsareotherwiseincompliancewithallapplicableCountyOrdinancesandregulationsineffectpriortotheCommunityDevelopmentandEnvironmentalServicesAdministratorsconsiderationforapproval
Approval by the Community Development and Environmental ServicesAdministratorofaminorchangeorrefinementmayoccurindependentlyfromandpriortoanyapplicationforsubdivisionorsitedevelopmentplanapprovalhoweversuchapprovalshallnotconstituteanauthorizationfordevelopmentorimplementationoftheminorchangeorrefinementwithoutfirstobtainingallother
necessary County permits and approvals
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COMMON AREA MAINTENANCE
Common area maintenance will be provided by a CDD or a Property Owners AssociationForthoseareasnotmaintainedbyaCDDthedevelopershallcreateapropertyownersassociationorassociationswhosefunctionsshallincludeprovisionfortheperpetualmaintenanceofcommonfacilitiesandopenspacesACDDorthepropertyownersassociationasapplicableshallberesponsiblefortheoperationmaintenanceandmanagementofthesurfacewatermanagementsystemsandpreservesservingtheHeritageBayPUDinaccordancewiththeprovisionsofCollierCountyOrdinancestogetherwithanyapplicablepermitsfromtheSouthFloridaWaterManagementDistrict
Most common area maintenance will be provided by a Property Owners Association orotherappropriateentitywhosefunctionshallincludeprovisionsfortheperpetualcareandmaintenanceofallcommonfacilitiesandopenspacesubjectfurthertotheprovisionsoftheLDCSection222038
211 LANDSCAPE BUFFERS BERMS FENCES AND WALLS
Landscape buffers berms fences and walls are generally permitted as a principal usethroughouttheHeritageBayPUDThefollowingstandardsshallapply
A Landscape berms shall have the following maximum side slopes
1 Grassed berms 31
2 Ground covered berms 21
3 RipRap berms 11 with geotextile mat
4 Structural walled and stacked rock berms vertical
Fence or wall maximum height Ten feet as measured from the finished floorelevationofthenearestresidentialstructurewithinthedevelopmentIfafenceorwallisconstructedonalandscapedbermwhichincludesmaterialstominimizethevisualimpactofthewallthewallheightshallbemeasuredfromthetopofthebermelevationandshallnotexceed8feetinheight
Fences and walls which are an integral part of security and access controlstructuressuchasgatehousesandcontrolgatesshallbegovernedbytheheightlimitationsforprincipalstructuresoftheDistrictinwhichtheyarelocatedInthe
case of access control structures within rightsofway adjoining two or moredifferentDistrictsthemorerestrictiveheightstandardshallapply
Fences or walls may be placed zero feet from the internal rightsofway providedthatshrubsareprovidedintherightofwayandmaybelocatedfivefeetfromtheprojectperimeter
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Water management systems drainage structures and utilities are allowed inlandscapebufferseasementssubjecttotheprovisionsinSection247312and3oftheLDCPedestriansidewalksandorbikepathsandsignsareallowedinlandscapebufferseasementssubjecttotheprovisionsofSection24734oftheLDC
Within the project landscaping including palm trees shrubs and ground coversidewalkspathswillbeallowedwithinautilityeasementincludingplacementwithinthreefeetofautilitylineCanopytreesmaybelocatedsevenfeetfromtheutilitylinesaidsevenfeetbeingmeasuredfromthetrunkofthetreetothecenteroftheutilitylineReconstructionofsidewalkspathsormodificationreinstallationofplantmaterialsduetothenecessarymaintenanceofutilitylineswillbetheresponsibilityofthedeveloperitssuccessorsorassigns
CLEARING AND FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Heritage BayPUDFillmaterialmaybetransportedandstockpiledwithinareaswhichhavebeendisturbedPriortostockpilingintheselocationsthedevelopershallnotifytheCommunityDevelopmentandEnvironmentalServicesAdministratorThefollowingstandardsshallapply
1 Stockpile maximum height 45 feet
2 Fill storage areas in excess of 5 feet in height shall be separated fromdevelopedareasbyfencingexcavatedwaterbodiesorotherphysicalbarriersifthesideslopeofthestockpileissteeperthan4to1ie3to1
B Soil erosion control shall be provided in accordance with Division 37 of the LDC
PRELIMINARY SUBDIVISION PLAT PHASING
Submission review and approval of preliminary subdivision plats for the project may beaccomplishedinphasestocorrespondwiththeplanneddevelopmentoftheproperty
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Heritage Bay PUDexceptinthePreserveDistrictGeneralpermittedusesincludethecontinuationofearthminingasphaltconcreteplantrockcrushingandcommercialexcavationoperationsandthoseuseswhichgenerallyservetheresidentsoftheHeritageBayPUDandaretypicallypartofthecommoninfrastructureorareconsideredcommunityfacilities
A General Permitted Uses
Essential services as set forth under Section 2691 of the LDC
Water management facilities and related structures
3 Temporary sewage treatment facilities
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Septic system for remote golf shelters
Water management facilities and related structures including lakes withbulkheadsorotherarchitecturalorstructuralbanktreatments
Guardhouses gatehouses and access control structures
Architectural features and elements including walls fences arbors gazebosandthelike
Community and neighborhood parks boardwalks trails and recreationalfacilities
Temporary construction sales and administrative offices for the developerandthedevelopersauthorizedcontractorsandconsultantsincludingnecessaryaccesswaysparkingareasandrelateduses
Landscapehardscape features including but not limited to landscapebuffersbermsfenceswaterfeaturesandwallssubjecttothestandardssetforthinSection211oftheHeritageBayPUD
Fill storage site filling and grading are subject to the standards set forth inSection212oftheHeritageBayPUD
Earth mining and related processing asphaltconcrete plant rock crushingcommercialexcavationandoffsitehaulingsubjecttothetermsofpriorapprovalsreferencedinSection27LakeSetbackandExcavationoftheHeritageBayPUDandthefollowing
Florida Rock Industries will continue to conduct mining operationsandminingrelatedactivitiesonportionsofthesitepursuanttoCollierCountyExcavationPermitNo59113andanysubsequentmodificationsapprovedbyCollierCountyfortheportionsofthepropertyownedbyFloridaRockIndustriesThisprojectwillbedevelopedinstagesthroughtransferofpropertyownershipfromFloridaRockIndustriestoUSHomeCorporation
bo Where the existing approvals and excavation permit are lessrestrictivebytheirtermsthantheprovisionsoftheHeritageBayPUDapprovaltheprovisionsoftheexistingexcavationpermitandotherapprovalsshallprevailforanyareasthatremainownedbyFloridaRockIndustriesIncForanyareasthataretransferredtoUSHomethetermsoftheHeritageBayPUDOrdinanceshallcontrol
Excavation for earth mining shall be consistent with that shown ontheHeritageBayPUDMasterConceptPlanNoadditionalimpactstothePreserveAreashallbeallowedasaresultoftheexistingexcavationpermitforearthminingactivities
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B Development Standards
Unless otherwise set forth in this Document the following developmentstandardsshallapplytogeneralpermitteduses
Guardhouses gatehouses signage landscape features and access controlstructuresshallhavenorequiredsetback
Other general permitted uses shall be set back a minimum of five feet frompropertylinesexceptforthetemporarytreatmentplantwhichshallhaveaminimumsetbackof100feetfrompropertylines
Minimum distance between structures which are part of an architecturallyunifiedgroupingFivefeet
4 Minimum distance between unrelated structures Ten feet
5 Maximum height of buildings 35 feet
6 Maximum height of architectural features 65 feet
Maximum height of earth mining asphaltconcrete plant and rock crushingstructures50feet
8 Minimum floor area None required
9 Minimum lot or parcel area None required
10 Sidewalks and bikepaths mayoccur within County required buffers subjecttotheprovisionsinSection24734oftheLDC
11 Standards for parking landscaping signs and other land uses where suchstandardsarenotspecifiedhereinaretobeinaccordancewiththeLDCprovisionsineffectatthetimethisPUDisapproved
OPEN SPACE REQUIREMENTS
The Heritage Bay PUD Master Concept Plan identifies approximately 1793 acres includedinthepreserveslakesrecreationopenspacegolfcoursesandbufferareasThese
areas fully satisfy the open space requirements of Section 2632 of the LDC and therequirementintheUrbanRuralFringeTransitionZoneOverlaythat70ofthepropertybeopenspace
NATIVE VEGETATION RETENTION REQUIREMENTS
The 863 preserve acres on site fully satisfy the requirements of Section 39552 of theLDC
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217 SlGNAGE
A General
All Collier County sign regulations in force at the time of approval of this
Ordinance shall apply unless such regulations are in conflict with the
conditions set forth in this Section in which case the PUD Document shall
govern
For the purpose of this PUD Document each platted parcel shall be
considered a separate parcel of land and shall be entitled to any sign as
permitted herein
Should any of the signs be placed within a County dedicated rightofway
a rightofway permit shall be applied for and approved except for
signage pertaining to andor facilitating traffic movement
All signs shall be located so as not to cause sight line obstructions
All internal project rightsofway may be utilized for decorative landscaped
entrance features and signage subject to review and approval from the
Planning Services Department for consistency with the requirements set
forth herein
o Signs may be allowed in landscape bufferseasements
Entrance and boundary markers may be placed prior to subdivision
approval provided a building permit for the markers is obtained prior to
placement
Boundary Markers
Boundary marker monuments containing project identification signs
designed to promote the project or any major use within the project shall be
permitted along the project boundaries Vtype boundary marker
monuments shall be permitted only at intersections
A maximum of ten boundary marker monuments shall be permitted
The sign face area of each side of the boundary marker monument shall not
exceed 64 square feet and shall not exceed the height or length of the
monument upon which it is located If the boundary marker monument is
twosided each sign face shall not exceed 64 square feet of area
The total sign face area shall not exceed 64 square feet The size of the
letters graphics and the typography and color scheme used in each
individual project business or directional identification on boundary marker
monuments shall be similar to and consistent with the other identifications
placed on the same boundary marker monument
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Sign face area is calculated by total square footage of name insigniaandmottoonly
Boundary marker monuments may not exceed a height of eight feet abovethecrownofthenearestroad
Boundary marker monuments may be lighted provided all lights aredirectedtothesignorareshielded
Directional or Identification Signs
Directional or identification signs may be allowed internal to the HeritageBayPUDSuchsignsmaybeusedtoidentifythelocationordirectionofapprovedusessuchassalescentersmodelcentersrecreationalusesinformationcentersortheindividualcomponentsofthedevelopment
Individual signs may be a maximum of 6 square feet per side or signsmaintainingacommonarchitecturalthememaybecombinedtoforma
menu board with a maximum size of 64 square feet per side and amaximumheightofeightfeet
No building permit is required unless such signs are combined to form a
menu board
Residential Project Entrance Signs
One ground or wallmounted entrance sign may be located on both sidesofeachentrancerightofwayandintheentrymedianofeachindividualresidentialdevelopmentwithintheHeritageBayPUDSuchsignsmaycontainthenameofthesubdivisionandtheinsigniaormottoofthedevelopmentThesesignsmaybeonetwoorthreesided
The size of letters graphics and the typography and color scheme used inindividualprojectonanentrancesignshallbesimilarandconsistentSuchsignsmaycontainuptofourindividualprojectoridentificationmessageareaspersideaslongasthetotalsignfaceoneachsidedoesnotexceed100squarefeetinarea
No sign face area shall exceed 100 square feet and the total sign face
area at each entrance may not exceed 200 square feet If the sign is asingletwosidedsigneachsignfaceshallnotexceed100squarefeetin
area The sign face area shall not exceed the height or length of the wall
or monument upon which it is located Where a threesided sign is utilizedthethirdsignsideshallfaceinternaltothedevelopmentandthesignmessageareashallnotexceedtensquarefeet
The setback for the signs from any rightsofway and any perimeterpropertylineshallbefivefeet
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Entrance signs may be lighted provided all lights are directed to the signorareshielded
Entrance signs shall not exceed a height of 20 feet above the finishedgradelevelofthesignsiteForthepurposeofthisprovisionfinishedgradelevelshallbeconsideredtobenogreaterthan18inchesabovethehighestcrownelevationofthenearestroad
Internal Signs
Residential and community facility entrance signs may be located on bothsidesoftheneighborhoodentrancestreetandwithintheentrymediansSetbacksfrominternalroadrightsofwaymaybezerofeetSuchsignsshallbeusedtoidentifythelocationofneighborhoodsclubhouserecreationalareasandotherfeatureswithintheHeritageBayPUDIndividualsignsshallbeamaximumof100squarefeetpersignfaceareaSuchsignsshallhaveamaximumheightof12feetNobuildingpermitisrequired
Identification signs for approved uses such as sales centers informationcentersVillageCentersortheindividualcomponentsofthedevelopmentmaybeallowedinternaltotheprojectIndividualsignsshallbeamaximumof6squarefeetpersideSignsmaintainingacommonarchitecturalthememaybecombinedtoformamenuboardandshallbeamaximumsizeof64squarefeetpersideandamaximumheightof8feet
Village Center Signs
Village Center entrance signs may be located on both sides of theentrancedrivetoaVillageCenterandwithinitsentrymedianSetbacksfrominternalroadrightsofwaymaybezerofeetSuchsignsmaybeusedtoidentifythelocationofVillageCenterclubhouserecreationalareasandotherfeatureswithintheHeritageBayPUDIndividualsignsshallbeamaximumof100squarefeetpersignfaceareaSuchsignsshallhaveamaximumheightof12feetNobuildingpermitisrequired
Wall Mansard Canopy or Awning Signs
a One wall mansard canopy or awning sign shall be permitted foreachsingleoccupancyparcelorforeachestablishmentinamultipleoccupancyparcelCornerunitswithinmultipleoccupancyparcelsormultifrontagesingleoccupancyparcelsshallbeallowedthreesignsSuchsignsshallnotbecombinedforthepurposeofplacingthecombinedareaononewallInadditionoutparcelswithinaVillageCentershallbeallowedoneadditionalwallsignfacingtheVillageCenteriftheadditionalsignisnotvisiblefromanyroadrightofwayThecombinedareaof
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those signs shall not exceed the maximum allowable display areaforsigns
The maximum allowable display area for signs shall not be morethan20percentofthetotalsquarefootageofthevisualfacadeofthebuildingtowhichthesignwillbeattachedandshallnotinanycaseexceed250squarefeetinareaforanyonesign
Pole signs
Two pole signs shall be permitted for each internal street provided thereisa500footseparationbetweensuchsigns
ao Maximum allowable sign area 100 square feet per side if twosided
b Maximum allowable height 20 feet
Setbacks 10 feet from any rightsofway or property lines
Spot or floodlights may be permitted provided said light shinesonlyonthesignsandisshieldedfrommotoristsandadjacentresidents
Projecting signs
Projecting signs may be substituted for wall or mansard signs providedthatthedisplayareaoftheprojectingsignshallnotexceed60squarefeetofdisplayarea
A projecting sign shall not project more than four feet from thebuildingwalltowhichitisattached
A projecting sign shall not extend above the roofline of the buildingtowhichitisattached
Projecting signs shall not project into rightsofway
Projecting signs which project over any pedestrian ways shallbeelevatedtoaminimumheightofeightfeetabovesuchpedestrianway
UnderCanopy Signs
In addition to any other sign allowed by this ordinance one undercanopysignshallbeallowedforeachestablishmentintheVillageCenterSuch
a sign shall not exceed six square feet in area and shall be a minimum ofeightfeetabovefinishedgrade
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Activity Center Commercial Signs
Activity Center Commercial Project Entrance Signs Project Directory Signs andFreeStandingUseMonumentSignsshallconformtotherequirementsofDivision25oftheLDC
Real Estate Signs
Real estate signs with a maximum size of six square feet per side shall bepermittedNobuildingpermitisrequired
Temporary Signs
Temporary signs shall conform to the requirements of Division 25 of the LDC
Special Event signs are permitted Such signs shall not exceed 32 square feet insizepersideSuchsignshallbelocatednocloserthan15feettoanypropertylineNobuildingpermitisrequired
Grand Opening Signs
Grand Opening Signs may be displayed onsite Such sign shall not exceed 32squarefeetonasideand64squarefeettotalAnybannersignsshallbeanchoredandshallbedisplayedonsiteforaperiodnotexceeding14dayswithinthefirstthreemonthsthattheentitydisplayingthesignisopenforbusiness
Construction Entrance Signs
1 Two construction ahead signs may be located at appropriate distancesfromaconstructionentranceSuchsignsshallbeamaximumof20squarefeeteachinsizeNobuildingpermitisrequired
One sign may be located at each construction entrance to identify theentranceassuchSuchsignsshallbeamaximumof20squarefeeteachinsizeNobuildingpermitisrequired
Traffic Signs
Traffic signs such as street signs stop signs and speed limit signs shallbedesignedtoreflectacommonarchitecturaltheme
The placement and size of such signs shall be in accordance with FDOTcriteria
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UTILITIES
Ao Water distribution sewage collection and transmission systems shall beconstructedthroughouttheprojectbythedeveloperPotablewaterandsanitarysewerfacilitiesconstructedwithinplattedrightsofwayorwithindedicatedCountyutilityeasementsshallbeconveyedtoCollierCountypursuanttoCollierCountyOrdinance0157asamendedexceptasmaybeprovidedinSection24ofthisDocument
All customers connecting to the potable water and sanitary sewer system shallbecustomersoftheCountyexceptasmaybeprovidedinSection24ofthisdocument
Temporary construction andor sales trailers may use septic tanks or holdingtanksforwastedisposalsubjecttopermittingunderRule10D6FloridaAdministrativeCodeandmayusepotableorirrigationwells
Golf course rest stations and maintenance buildings may be permitted to useseptictanksorholdingtanksforwastedisposalsubjecttopermittingunderRule10D6FloridaAdministrativeCodeandmayusepotableorirrigationwells
219 SURFACE WATER MANAGEMENT SITE FILLING AND GRADING
In accordance with the rules of the South Florida Water Management District thisprojectshallbedesignedforastormeventofathreedaydurationand25yearreturnfrequency
The Heritage Bay PUD is a reclamation project from an existing mining activityLakeexcavationsandlittoralzoneplantingsshallconformtotherequirementsoftheGMPandLDCineffectatthetimeoffinaldevelopmentorderapprovalThefollowingGMPpoliciesandLDCregulationshavebeenappliedtothisPUDtocreatetheresultantregulations
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The Heritage Bay PUD shall comply with the regulations for all wetdetentionpondsthatareusedasapartofitswatermanagementsystemasidentifiedbyitsSouthFloridaManagementDistrictEnvironmentalResourcePermitWetdetentionpondsaredescribedaslakesthatprovide1ofwaterqualitydetentionAttenuationlakesaredescribedaslakesthatprovidefloodattenuationbutnottherequiredwaterqualitydetentionWetdetentionpondsorportionsthereofwithintheurbanboundaryshallhavealittoralshelfwithanareaequalto7ofthepondssurfaceareameasuredatthecontrolelevationThelittoralareasshallbeplantedwithnativeaquaticvegetationWetdetentionpondsorportionsthereofoutsidetheurbanboundaryshallhavealittoralshelfwithanareaequalto30ofthepondsurfaceareameasuredatthecontrolelevationThelittoralareasshallbeplantedwithnativeaquaticvegetationThe
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total area of littoral plantings shall be calculated and the planting areas
shall be provided in accordance with Division 35 of the LDC
As an alternative to the planting or creation of littoral shelves credit for
wetlands that are preserved above the minimum required by Policy 61 of
the Conservation and Coastal Management Element shall be applied
toward meeting littoral zone planting area requirements on a ratio of one
to one For each acre of wetlands set aside above the minimum
requirement of said Policy 61 one acre of littoral zone plantings shall be
subtracted from the littoral zone planting area requirements Said Policy61requirespreservationof40ofnativevegetationpresentnotto
exceed 25 of the total PUD property Twentyfive percent of the PUDs
total site area 2562 acres is 640 acres This PUD provides for
preservation of 863 acres of native vegetation including wetlands that
have significant hydrologic value therefore the extra 221 acres shall be
credited toward meeting littoral zone planting area requirements
Lake side slopes shall be sloped at 41 from control elevation to a depth of five feet
220 ENVIRONMENTAL
The developer shall be subject to Division 39 of the LDC in effect at the time of
permitting requiring the acquisition of a tree removal permit prior to any land
clearing
All invasive exotic plants as defined in the LDC shall be removed from
development areas open space areas and preserve areas during each phase of
construction Following site development a continuing maintenance program
shall be implemented to prevent reinvasion of the site by such exotic species
All conservation areas shall be designated as conservationpreservation tracts or
easements on all construction plans and shall be recorded on the plat with
protective covenants per or similar to Section 70406of the Florida Statutes Buffers
shall he provided in accordance with Section 328473of the LDC Conservation
easements shall be dedicated on the plat to the homeowners association or like
entity for ownership and maintenance responsibility and to Collier County with no
responsibility for maintenance
Buffers shall be provided around wetlands extending at least 15 feet landward from
the edge of wetland preserves in all places and averaging 25 feet from the
landward edge of wetlands Where natural buffers are not possible structural
buffers shall be provided in accordance with the State of Florida Environmental
Resources Permit Rules and be subject to review and approval by Environmental
Services Staff
Final alignment and configurations of water management structures shall be
subject to minor field adjustments to minimize habitat destruction
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The developer shall comply with the guidelines and recommendations of the USFishandWildlifeServiceUSFWSandFloridaFishandWildlifeConservationCommissionFFWCCregardingpotentialimpactstoprotectedspeciesonsiteAHabitatManagementPlanforthoseprotectedspeciesshallbesubmittedtoEnvironmentalServicesStaffforreviewandapprovalpriortofinalsiteplanconstructionplanapproval
TRANSPORTATION
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The developer shall provide street lighting at the project entrances in conjunctionwiththeconstructionofsame
The developer shall make a fair share contribution toward the capital cost of atrafficsignalonImmokaleeRoadandanyaccesspointswhenandifdeemedwarrantedbyCollierCountyThesignalshallbeownedoperatedandmaintainedbyCollierCounty
The developer shall dedicate a 100foot rightofway along the western boundaryoftheHeritageBaypropertyfromthesouthwestcornerofthepropertynorthtotheconservationpreserveareaapproximatelythemidpointofSection14whichisadistanceofgenerally1miletotheCountyThedevelopershallreceivenoimpactfeecreditsforthededicationThededicationshalltakeplacewithinthetimeframeestablishedbySubsection222037oftheLDC
If the County acquires the needed rightofway at the intersection of County Road951andImmokaleeRoadnotownedorcontrolledbythedeveloperthenthedevelopershallconstructforadistanceofmilefromsaidintersectiona2lane
access road within the 100foot dedicated rightofway The developer shallreceivenoimpactfeecreditsforthecostofsuchconstructionThedevelopershallconstructthis2laneaccessroadtoarterialstandardswithinamultilaneurbanarterialcrosssection
Within 45 days of the Countys issuance of a Notice to Proceed on a constructioncontracttowidenimmokaleeRoadtosixlanesbetween175andtheeasternboundaryoftheHeritageBayprojectthedevelopershallprepaytotheCountythefirst500000000oftheHeritageBayroadimpactfeesforthepurposeofadvancingthesixlaningofImmokaleeRoadfrom175toCollierBoulevardandfromCollierBoulevardtotheeasternboundaryoftheHeritageBayprojectInexchangeforthisprepaymentCollierCountyshallamodifytheImmokaleeRoadconstructionprojecteastofCollierBoulevardProject60018toprovidesixlanesonImmokaleeRoadfromCollierBoulevardtoatleasttheeasternboundaryofHeritageBayandbadvancetheconstructionofthesixlaningofImmokaleeRoadbetween175andCollierBoulevardtoatleast2006unlessunforeseencircumstancesmakeitimpracticaltomeetthisscheduleIftheconstructionisphasedastwoormorephasestheimpactfeeprepaymentshallbephasedandequallyapportionedforeachphase
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The road impact fee prepayment of 500000000shall be applied as the first50paymentrequiredunderDivision315oftheLDCtoobtainCertificatesOfPublicFacilityAdequacywhichCertificatesshallbeissuedbyCountyuponreceiptofpayment
The developer shall not request a full median opening on Immokalee Road noronCountyRoad951anycloserthanmilefromtheintersectionofsaidroadwaysHoweverarightinandrightoutaccessmaybeconstructedoneitherorbothoftheseroadwayswithinthatmiledistanceatthemiledistance
The developer shall not be entitled to receive building permits for more than 2588dwellingunitswhichrepresent75ofthetotalapprovednumberofdwellingunitsuntilthefirstofthefollowingoccurs1CountyRoad951ExtensionisunderconstructiontoconnecttoBonitaBeachRoadformorethanamilenorthofitscurrentterminusatImmokaleeRoador2afterJuly12006andtogetherwiththecompletionoftheLeeCollierCountyProjectDevelopmentandEnvironmentalStudyforCountyRoad951ExtensionandapprovalofthenobuildoptionbytherespectiveLeeandCollierCountyCommissionsor3July12008BuildingpermitsfordwellingunitswhichmeettheCountysguidelinesforworkforceoraffordablehousingareexemptfromandshallnotbeincludedincalculatingthe2588dwellingunitbuildingpermitlimitation
OTHER PUBLIC BENEFIT COMMITMENTS
General Government Site
The developer agrees to donate 773 acres to the County for utilization by theCountyasasatelliteoperationscenterincludingemergencymedicalservicessheriffssubstationfirestationpumpstationwellsiteandgeneralgovernmentcenterincludingofficesforotherconstitutionalofficersThisdonationisnotsubjecttothereceiptofimpactfeecredits
Parks and Recreation
The developer agrees to prepay 28 million in park impact fees to the Countywithin45daysoftheeffectivedateofthisOrdinanceThisamountshallbecreditedagainsttheparkimpactfeesduefromthedevelopmentAdditionallythedeveloperwilldonate717000totheCountyforuseindevelopingregionalparkfacilitiesThispaymentisinlieuofanydonationtotheCountyofanylakesystemoraccesstheretowithintheproject
Well Sites
Responsibility of the Developer
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Provide locations for six potential well sites with each site capable of fittingtwowellsforusebyCollierCountyforpotablewatersupplywellssupplementalwaterwellsandoraquiferstorageandrecoverywells
Three well sites will be located as shown on Exhibit D 1 The easements foreachwellsitewillbeasshownonExhibitD1
Well sites 4 6 may be located in one of the following two optional locationswiththeunderstandingthatwells45and6mustbelocatedwithinthesameoptionallocationTheoptionallocationsare
Option 1 951 rightofway as deeded by the developer to Collier County
Option 2 Littoral zone between the recreational lake and the southpropertylineoftheproject
These two optional locations are shown on Exhibit D 2 It is agreed that Option1willbeutilizedprovidedthatthePredesignandEngineeringPDEstudyforthe951extensionshowsthat951isnotfeasibleforconstructionatthislocationwhichisapproximately1milenorthoftheImmokaleeRoad951IntersectionShouldthePDEstudyshowthefeasibilityof951atthislocationthenOption2willbeutilized
Sizing of Electrical Systems for Heritage Bay will be coordinated with CollierCountytoensurethatFPLprojectionsandinstallationofequipmentwillaccommodatethesewellpumpsandgenerators
5 Proposed well locations shown on Exhibits D 1 and 2 will not be utilized forlittoralcreditorbeplacedinaconservationeasementbythedeveloper
ollier County Government will be Responsible for
Design permitting funding developing and maintaining all transmissionlineswellsandwellsiteslocatedontheHeritageBayproject
All wells and generators will be encased within a building which isarchitecturallycompatiblewiththesurroundingbuildingsorlocatedinanundergroundvault
3 Total cost of transmission lines including design purchase and installation
4 Well sites may result in environmental impactscostandpermittingwillbebyCollierCounty
General Conditions
Mitigation and all associated
The easement granted for each well site shall be as shown below
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Well Site 1 100 feet by 100 feet
Well Site 2 150 feet by 150 feet
Well Site 3 100 feet by 100 feet all above ground facilities shall be Iowprofileandminimizedtothegreatestextentpossibleatthislocation
4 Well Site 4 5 and 6
ao Option I locations 100 feet by 150 feet
Option 2 locations middle site 150 feet by 150 feet and two sitesoneitherside100feetby100feet
Landscaping shall be initially installed by Collier County to specificationsmutuallyagreedtobetweenthedeveloperandCollierCountyOnceinstalledthedevelopershallberesponsibleforthemaintenanceoflandscapingforwellsites12andforwellsitesestablishedunderOption2LandscapingforwellsitesestablishedunderOption1willbemaintainedbyCollierCountyGovernment
Approximate locations are shown in the attachments Final locations tobeapprovedbyUSHomeorthelandowner
Proposed wells will not prohibit or impact existing or proposed land uses
Transmission lines will be loCated around the perimeter of the projecteitherwithinthe100rightofwaydedicationtoCollierCountyalongthewesternpropertyboundaryorwithintheSFVVMD100Canalrightofway
223 ARCHAEOLOGICALRESOURCES
Any significant archaeological sites discovered within the Heritage Bay PUD shallbepreservedinperpetuityandshallberecordedaspreserveonallappropriateplatssiteplansandtheMasterDevelopmentPlanfortheHeritageBayPUD
In areas where there are existing archaeological sites in the vicinity of proposeddevelopmentabufferorconservationeasementaveraging25feetinwidthorotherequivalentprotectionsuchastemporaryfencingorotherstructuralbarriersshallbeplacedaroundthearchaeologicalsitesAnyexoticvegetationremovalintheseareasshallbebyhandandnotbymechanicalmeans
The developer shall support registration of any significant archaeological sites intheNationalReqsterofHistoricPlaces
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The developer shall cooperate with the Division of Historical Resources DHRinvestigationofanyexistingsitesbyallowingaccesstothearchaeologicalsitesbytheStatewheneversuchaccesscanbereasonablyaccommodated
If any additional archaeologicalhistorical sites are discovered duringdevelopmentactivitiesallworkintheimmediatevicinityofsuchsitesshallceaseimmediatelyandthedevelopershallcontactDHRSouthwestFloridaRegionalPlanningCommissionSWFRPCandCollierCountyCodeEnforcementDepartmentsothatastatecertifiedarchaeologistcandeterminethesignificanceofthefindandrecommendappropriatepreservationandmitigationactionsasnecessary
AFFORDABLE HOUSING
Bo
The developer shall construct onsite on the lands designated ACR3 on theMasterConceptPlanaminimumof160townhouseunitsandamaximumof190townhouseunitstobeofferedforsaletopersonsmeetingtheCollierCountyaffordablehousingguidelinesfor80moderateincomelevelforaperiodbeginningwiththedateofissuanceofthebuildingpermitforeachbuildingcontainingsaidtownhouseunitsandcontinuingforsix6monthsthereafterorfor30daysaftertheCertificateofOccupancyforeachbuildingcontainingsaidtownhouseunitsisissuedwhicheverislaterAiscforatimeperiodextendingfromthedateoftheissuanceoftheCertificateofOccupancythedevelopershalloffertheremainingunsoldunitstotheCountyoritsdesigneeforpurchaseforaperiodof45daysafterwhichtimeanyunsoldunitmaybesoldatmarketrates
The developer shall donate 475000 to Habitat for Humanity of Collier CountyHabitatThedonationrepresentsonehalfofthepurchasepriceof10acresoflandcurrentlyundercontractbyHabitatandlocatedjustsouthofImmokaleeRoadandgenerallyeastofCountyRoad951Thedonationshalloccurwithin120daysofthefinalapprovaloftheHeritageBayPUDDRIbytheBoardofCountyCommissionersandtheexpirationofallappealperiodswithoutanappealbeingfiled
Prior to the issuance of the final Certificate of Occupancy for the developmentthedevelopershallhavealltheaffordablehousingunitsonsitecompletedandavailableforoccupancyAtaminimumtheaffordablehousingunitsshallbephasedinthirdstocoincidewiththedevelopmentofotherresidentialdwellingunitsintheproject
If the developer constructs less than 190 affordable housing townhouse units onsiteforeachunitlessthanthemaximumof190thedevelopershalldonatethesumof10000perunittoHabitatForexampleif180affordablehousingtownhouseunitsareconstructedonsitethedeveloperwoulddonate10000000toHabitatwhichrepresents10unitstimes10000
At any time in the future should the developer request an extension to theapprovedbuildoutdatefortheprojectthedevelopershallreexaminethehousingneedsoftheprojectandprovideanupdatedreanalysisoftheaffordablehousingrequiredThedevelopershallusethemethodologyinuseat
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the time of the reanalysisby SWFRPC the Florida Department of CommunityAffairsandCollierCountyAnyfuturemitigationrequirementsthatarecausedasaresultofthereanalysisshallbeconsistentwiththeoptionslistedinRule9J2048oftheFloridaAdministrativeCode
MONITORING REPORT
An annual monitoring report shall be submitted pursuant to Section 2736of the LDC
SUNSETTING
This PUD is not subject to the sunsetting provision of Section 2734 of the LDC TheDRIDevelopmentOrderfortheHeritageBayCommunityrelativetodurationshallgovern
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PURPOSE
whole or part for other than the following
A
SECTION III
RESIDENTIAL DISTRICTS
The purpose of this Section is to identify permitted uses and development standards forareaswithintheHeritageBayPUDdesignatedontheHeritageBayPUDMasterConceptPlanasRIR2R3andR4Districts
GENERAL DESCRIPTION
Areas designated as RI R2 R3 and R4 Districts on the Heritage Bay PUD MasterConceptPlanaredesignedtoaccommodateafullrangeofresidentialdwellingtypescompatiblenonresidentialusesafullrangeofrecreationalfacilitiesessentialservicesandcustomaryaccessoryuses
The approximate acreage of the RI R2 R3 and R4 Districts is indicated on theHeritageBayPUDMasterConceptPlanThisacreageisbasedonconceptualdesignsandisapproximateActualacreagesofalldevelopmenttractswillbeprovidedatthetimeofsitedevelopmentplanorpreliminarysubdivisionplatapprovalsinaccordancewithDivision33andDivision32respectivelyoftheLDCResidentialtractsaredesignedtoaccommodateinternalroadwaysopenspacesrecreationalfacilitiesandothersimilarusesfoundinresidentialareas
PERMITTED USES AND STRUCTURES RI AND R2 DISTRICTS
No building or structure or part thereof shall be erected altered or used or land use in
Principal Uses
Single family detached dwellings
Single family attached townhouse dwellings and duplexes
Zero lot line dwellings
Multifamily dwellings Iowrise
Assisted living facilities
Model homes sales centers including administrative offices andconstructionoffices
Any other principal use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
Accessory Uses
Accessory uses and structures customarily associated with the principalusespermittedinthisDistrictincludinggaragesgazebospicnicareaspedestrianandbicyclepathstenniscourtsswimmingpoolsotherfacilitiesintendedforoutdoorrecreationprojectmaintenancefacilities
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guest houses cabana bedrooms boat docks beaches boat ramps piersorothersuchfacilitiesconstructedforpurposesoflakerecreationforresidentsoftheprojectandtheirguestsotherrecreationalfacilities
Any other accessory use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
PERMITTED USES AND STRUCTURES R3 DISTRICT
No building or structure or part thereof shall be erected altered or used or land use inwholeorpartforotherthanthefollowing
A Principal Uses
All of the uses permitted in the Residential RI and R2 Districts
Multifamily dwellings Iowrise
Any other principal use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
B Accessory Uses
All of the accessory use permitted in the Residential RI and R2Districts
Any other accessory use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
PERMITTED USES AND STRUCTURES R4 DISTRICT
No building or structure or part thereof shall be erected altered or used or land use inwholeorpartforotherthanthefollowing
A Principal Uses
1 All of the uses permitted in the Residential R3 District
2 Multifamily dwellings midrise
o Any other principal use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
B Accessory Uses
All of the accessory use permitted in the Residential R3 District
Any other accessory use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
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Bo
Fo
Table 1 and Table 2 set forth the development standards for land useswithintheRIR2R3andR4Districts
Site development standards for single family uses apply to individualresidentiallotboundariesMultifamilystandardsapplytoplattedparcelboundaries
Multiple family buildings shall have 15 parking spaces for all bedroomunittypeswithanadditional10percentofparkingformultiplefamilybuildingstoaccommodateguestparking
Standards for parking landscaping signs and other land uses where suchstandardsarenotspecifiedhereinaretobeinaccordancewiththeLDCineffectatthetimeofsitedevelopmentplanapprovalorpreliminarysubdivisionplatapprovalUnlessotherwiseindicatedrequiredyardsheightsandfloorareastandardsapplytoprincipalstructures
Development standards for uses not specifically set forth in Table I andTable2shallbeestablishedduringsitedevelopmentplanapprovalassetforthinDivision33oftheLDCinaccordancewiththosestandardsofthezoningdistrictwhichismostsimilartotheproposeduse
Required property development regulations may be approved that aredifferentthanthosesetforthinTable1andTable2subjecttotherequirementsofSection2627oftheLDCCommonopenspacerequirementsaredeemedsatisfiedpursuanttoSection215ofthisPUD
Off Street Parking For MultiFamily Uses
1 A green space area of at least 10 feet or more in width as measuredfrompavementedgetopavementedgeshallseparateanyparkingaisleordrivewayfromanyabuttingroadwiththeexceptionofculdesacsserving24unitsorless
2 Offstreet parking required for multifamily tracts of 120 or more unitsshallbeaccessedbyparkingaislesordrivewayswhichareseparatedfromanyabuttingroadsthatservethedevelopment
3 A culdesac road within the development may have abutting surfaceparkingwheretheparkingserves24unitsorless
Single family zero lot line dwellings are identified separately from singlefamilydetacheddwellingswithconventionalsideyardrequirementstodistinguishthesetypesofresidencesforthepurposeofapplyingdevelopmentstandardsunderTable1andTable2ZerolotlinedwellingsshallbedefinedasanytypeofdetachedsinglefamilystructureemployingazeroorreducedsideyardassetforthhereinandwhichconformtorequirementsofSubsection2627oftheLDC
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Lo
Attached or detached residences which include those having cabanabedroomsaccessedfromthecourtyardandnotthemainhousearepermittedprovidingthat
The cabana structure must be connected to other portions of theresidenceinamannerthatgivestheentireresidencethe
appearance in elevation from the street of being one singlefamilyresidence
2 The cabana structures must be accessible only from the enclosedcourtyardandmustnotbeaccessibledirectlyfromthestreetand
3 The cabana structure may not contain primary cooking facilities
In the case of residential areas with a Traditional NeighborhoodDevelopmentTNDtheTNDshallbedeemedacommonarchitecturalthemeRequiredpropertydevelopmentregulationsmaybeapprovedthataredifferentthanthosesetforthinTable1subjecttoapprovalbytheCollierCountyPlanningCommissioninaccordancewiththecriteriacontainedinSection2627461through2627463oftheLDCCommonopenspacerequirementsaredeemedsatisfiedpursuanttoSection215ofthisPUD
For the purpose of calculating density in the RI R2 R3 and R4Districtswhenassistedlivingfacilitiescongregatecarefacilitiesaredevelopedeachsuchfacilitysdwellingunitshallbeconsideredtobeequalto33ofaresidentialdwellingunit
Standards for trash or recycle receptacles shall conform with Section2615oftheLDCexceptinthecaseofmultiplefamilybuildingsthatdonotreceivecurbsideservicepickupandchoosetousedumpsterserviceInthatcaseatleastonestandardsizebulkcontainerpereverythirtyunitsshallberequired
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TABLE 1
DEVELOPMENT STANDARDS FOR RI RESIDENTIAL DISTRICT
SINGLE SINGLE SINGLE MULTIFAMILYFAMILYFAMILYFAMILYDETACHEDDETACHEDZEROLOTLINEDUPLEXATTACHEDDWELLINGS12TOWNHOUSELowRise
Minimum Lot Area 5000 sqft 2800 sqft 3500 sqft 3500 sqft 2000 sqft 10000 sqft
Minimum Lot Width5 50 ft 35 ft 35 ft 35 ft 20 ft 100 ff
Minimum Average Site
Depth9 100 lt 65 ft 100 ft 100 ft 40 ff 120 ft
Principal
Accessory 20 ff 20 ft 15 ft 15 ft 20 ft 15 ft
Garage
Front Yard FrontSide 23 ft10ft 23 ft10ft 23 ft10ft 23 ft10ft 23 ft10ff 23 ft10ftSetback17Entry
12 Garage or
Carport on
Parking na na 0 ft 0 ft na 0 ftLot
Accessway
Rear Yard Principal 10 ft 5 ft 10 ft 10 ft 10 ft 20 ftSetback
67 Accessory2lO1112 5ft 5ft 5ft 5ft 5ff 10ff
0 ft one side
Side Yard Setback
10 ft other side
ORPrincipalAccessory6ft6ft31one side 6 ft 0 It or 7 ft the Building2478101112611othersideHeight
OR
5 ft on both sides
Preserve Principal 25 ft 25 ft 25 ft 25 ft 25 ft 25 ft
Setback Accessory 10 ft 10 ft 10 ft 10 ft 10 ft 10 ft
Maximum Height 3 35 ft 35 ft 35 ft 35 ft 50 ft 65 ft
Distance Between the Sum of
Principal Structures na na na na 10 ft the Building
HeightsMinimumFloorArea1000sqft900sqft900sqft900sqft750sqft750sqft
I Front yards for dwellings and sideentry garages are measured from back of curb or edge of pavement if not curbed Front yards for a frontloadedgaragearemeasuredfromgaragedoortobackofcurbedgeofpavementorsidewalkwhicheverisclosertothegaragedoor2Whereadjacenttoagolfcourselakemeasuredfromtopofbankoropenspacereducedto0feet3BuildingheightSeeSection18
4 All zero lot line units in a series shall have the Ofootside setback on the same side of the lot The zerofoot setback side may change onlyifaminimum10footwidespaceisprovidedintheformofaneasementgolfcoursecrossingorthelikewhichseparatethelots5Minimumlotwidthmaybereducedby29forculdesaclotsprovidedminimumlotarearequirementsaremet6Foranylotservedbothbyastreetandanalleythelotlineadjacenttothealleyshallbetreatedasarearlotlineandthesetbackshallbemeasuredfromtheedgeofpavement
7 Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures8Thesidecomersetbackshallbethesameastherequiredsideprincipalstructuresetback
9 Site depth average determined by dividing the site area by the site width
10 Accessory pool enclosurescreen lanai setback may be reduced to 0 feet when attached to common privacy wall11Accessorypoolenclosurescreenlanaisetbackfromlakemaintenanceeasementmaybereducedto0feet12Commonarchitecturalfeaturessucharchwaysarborsandcourtyardentryfeaturesshallbeexemptfromtheminimum yard requirements listed above13ForthepurposeofTable2thetermmultifamilybuildingincludesassistedlivingfacilities
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TABLE 2
DEVELOPMENT STANDARDS FOR R2 R3 AND R4 RESIDENTIAL DISTRICTS
SINGLE SINGLE MULTI FAMILY DWELLINGSFAMILYZEROLOTLINEDUPLEXFAMILY
DETACHED AIIACHED
TOWNHOUSE LowRise MidRise
Minimum Lot Area 5000sqft 3500sqfl 3500sqft 2000sqft 10000 sqfl 10000 sqft
Minimum Lot Width5 50 ft 35 ft 35 ft 20 ft 100 ft 100 ft
MinAverage Site Depth 9 100 fl 100 ft 100 ft 40 ft 120 ft 120 ft
Principal
Accessory 20 ft 20 ft 15 ft 15 ft 15 ft 20 ft
GarageFrontYardFrontSide 23 fl10 ft 23 ft10ft 23 ft10fl 23 ft10ft 23 ft10ft nal0 ftSetback17Entry12Garageor
Carport on
Parking Lot na na 0 ft na 0 ft 0 ft
Accessway
Rear Yard Principal 10 ft 10 ft 10 ft 10 ft 10 ft 20 ftSetback6
Accessory72101112 5ft 5ft 5ft 5ft 10ft 10ft
0 ft one side
10 ft other sideSideYardSetbackOR thePrincipalAccessory6ft31oneside6ft0itor7ftBuilding the Building2478101112611othersideHeightHeight
OR
5 ft on both sides
Preserve Principal 25 ft 25 ft 25 ft 25 ft 25 ft 25 ftSetbackAccessory10ft10ft10ft10ft10ft10ft
Maximum Height 3 35 fl 35 ft 35 ft 35 It 65 ft 100 ft
Distance Between
Principal Structures 10 ft 10 ft na 10 ft the Sum of the Building
Heights
Minimum Floor Area 1000sq ft 900 sq ft 900 sq ft 750 sq ft 750 sq ft I 750 sq ft
1 Front yards for dwellings and sideentry garages are measured from back of curb or edge of pavement if not curbed Front yards for a frontloadedgaragearemeasuredfromgaragedoortobackofcurbedgeofpavementorsidewalkwhicheverisclosertothegaragedoor2Whereadjacenttoagolfcourselakemeasuredfromtopofbankoropenspacereducedto0feet3BuildingheightSeeSection18
4 All zero lot line units in a series shall have the Ofootside setback on the same side of the lot The zero foot setback side may change onlyifaminimum10footwidespaceisprovidedinthefonnofaneasementgolfcoursecrossingorthelikewhichseparatethelots5Minimumlotwidthmaybereducedby29forculdesaclotsprovidedminimumlotarearequirementsaremet6Foranylotservedbothbyastreelandanalleythelotlineadjacenttothealleyshallbetreatedasarearlotlineandthesetbackshallbemeasuredfromtheedgeofpavement
Guesthouses or cabana bedrooms are subject to the setback requirements for principal structuresThesidecomersetbackshallbethesameastherequiredsideprincipalstructuresetbackSitedepthaveragedeterminedbydividingthesiteareabythesitewidth
Accessory pool enclosurescreen lanai setback may be reduced to 0 feet when attached to common pdvacy wallAccessorypoolenclosurescreenlanaisetbackfromlakemaintenanceeasementmaybereducedto0feetCommonarchitecturalfeaturessucharchwaysarborsandcourtyardentryfeaturesshallbeexemptfromtheminimum yard requirements listed aboveForthepurposeofTable2thetermmultifamilybuildingincludesassistedlivingfacilities
8
9
10
11
12
13
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SECTION IV
VILLAGE CENTER DISTRICT
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for thethreeVillageCenterareaswithintheHeritageBayPUDdesignatedontheHeritageBayPUDMasterConceptPlanasVC
MAXIMUM SQUARE FOOTAGE
The Village Center commercial uses will include a maximum of 10000 square feet of retailuses10000squarefeetofrestaurantuses5000squarefeetofmarinarelatedretailusesand5000squarefeetofofficeusesCommercialactivitieswithintheVillageCentersarelimitedtoatotalof26acres
GENERAL DESCRIPTION
The approximate acreage of the Village Center District is indicated on the Heritage BayPUDMasterConceptPlanTheVillageCenterportionofthisDistrictshallbeconsistentwiththerequirementsofGMPFLUESectionIBThisacreageisbasedonconceptualdesignsandisapproximateActualacreagesofalldevelopmenttractswillbeprovidedatthetimeofsitedevelopmentplanorpreliminarysubdivisionplatapprovalsinaccordancewithDivision33andDivision32respectivelyoftheLDCTheVillageCentertractsareisdesignedtoaccommodateinternalroadwaysopenspaceslakesandwatermanagementfacilitiesandothersimilaruses
PERMITTED USES AND STRUCTURES
No building or structure or part thereof shall be erected altered or used or land or waterusedinwholeorinpartforotherthanthefollowing
A Permitted Principal Uses and Structures
5
6
7
8
9
10
12
Accounting Auditing and Bookkeeping Services Group 8721AutomaticTellerMachinesGroup3578AmusementsandRecreationServicesIndoorGroups79117941 799179937997
Apparel and Accessory Stores Groups 56115699GasolineServiceStationsGroup5541AutomotiveCarwashesGroup7542BusinessServicesGroups73347349EatingandDrinkingEstablishmentsGroups58125813FoodStoresGroups54115499GeneralMerchandiseStoresGroups53115399GolfClubhouseandBoatClubFacilitiesincludingAncillary TeachingFacilitiesandTemporaryGolfClubhousesGroups799279977999MiscellaneousRetailGroups5912596359925999
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13
14
15
16
17
18
19
20
21
Personal Services Groups 7211 7212 7215 7216 nonindustrial drycleaningonly72177219725172917299RealEstateGroups651265316541ResortRecreationFacilitiesincludingbutnotlimitedtoTennisClubsHealthSpasandotherRecreationalClubsGroups79917999RecreationServicesGroups791179227929793379417991799379977999
Residential uses as set forth in Section 34 of this Document includingresidentialunitsintegraltoVillageCenterstructuresandasfreestandingusesFreestandingresidentialusesshallcomplywiththedevelopmentstandardssetforthinSection36
Travel Agencies Groups 4724 and 4725UnitedStatesPostalServiceGroup4311 except major distribution centerVideoTapeRentalGroup7841
Any other principal use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
B Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with principal usespermittedinthisDistrict
Customary accessory uses include but are not limited to recreationalfacilitiesthatserveasanintegralpartofthepermittedusessuchaspoolstennisfacilitiesbeachesboatdocksparksplaygroundsandplayfieldsrestroomssheltersgolfcartstorageareasandsnackbarsAnyotherprincipalusewhichiscomparableinnaturewiththeforegoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
OEVELOPMENT STANDARDS
Ao The frontagedepth criteria often included in development standards is notapplicablesincetheVillageCenterusesarelocatedinternaltotheHeritageBayPUDandhavenoactualroadfrontage
B Minimum Setback Requirements
Principal structures shall be set back a minimum of 10 feet from VillageCenterDistrictboundariesandroads25feetfromallresidentialtractsand25feetfrompreserves
Accessory structures shall set back a minimum of five feet from VillageCenterDistrictboundariesandroads20feetfromallresidentialtractsand10feetfrompreserves
Setbacks from lakes for all principal and accessory uses may be zero feetprovidedarchitecturalbanktreatmentisincorporatedintothedesignandsubjecttowrittenapprovalfromCollierCountyPlanningServicesDepartment
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Exterior lighting shall be arranged in a manner which will protect roadways andresidentialpropertiesfromdirectglareorunreasonableinterference
Maximum height of buildings including architectural features 65 feet
Maximum height of communication antennas 65 feet
Minimum distance between principal structures 10 feet
Minimum distance between accessory structures excluding drivethrough facilities10feet
Maximum floor area ratio for the commercial component 025
Due to the internal orientation the number the different locations the types of usesandthemultipurposefunctionoftheVillageCenterbuildingswherecommercialuseswillbefullyintegratedwithrecreationalandotherusesTherequirementthat30oftheresidentialbuildingpermitsshallbeissuedpriortothedevelopmentofneighborhoodcommercialusesshallbewaived
Each of the three Village Center shall have a unified plan of development which isarchitecturallyintegratedinternallyandwiththeneighborhooditservesThatplanwillbesubmittedwitheachoftheVillageCenterSiteDevelopmentPlan
Due to the nature location and internal orientation of the Village Centers theLDCarchitecturalreviewrequirementsforVillageCentersshallbewaived
Required parking for Village Center nonresidential uses shall be consistent withSection22204716oftheLDCResidentialparkingrequirementsaresetforthinSection36CofthisPUDDocumentGolfcartstorageareasareconsideredaccessorytothegolfclubhouseandhavenorequiredparking
A unified sign plan shall be submitted and made a part of the approval for each oftheVillageCenterSiteDevelopmentPlans
Standards for landscaping where such standards are not specified herein are tobeinaccordancewithDivision24oftheLDCineffectatthetimeofsitedevelopmentplanapproval
Unless otherwise indicated required yards heights and floor area standardsapplytoprincipalstructures
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SECTION V
RECREATION I OPEN SPACE DISTRICT
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master ConceptPlanasRO
GENERAL DESCRIPTION
The approximate acreage of the RecreationOpen Space District is indicated on the
Heritage Bay PUD Master Concept Plan Actual acreage of all development tracts will be
provided at the time of site development plan or preliminary subdivision plat approvals in
accordance with Division 33 and Division 32 respectively of the LDC The
RecreationOpen Space tracts are designated to accommodate a full range of golf course
waterrelated uses other recreational uses water management and open space uses
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
Principal Uses
1 Golf courses and other recreational uses
2 Clubhouses community and golf course maintenance areas
maintenance buildings utility storage buildings chemical storage
buildings essential services irrigation water and effluent storage tanks
and ponds water and wastewater treatment plants utilities pumping
facilities and pump buildings utility and maintenance staff offices
3 Utility water management and rightofwayaccess easements
4 Lakes and water management facilities
5 Land use andor landscape buffers which may or may not be easements
depending on the buffer use
6 Signs as permitted by the LDC in effect at the time permits are requested
except as modified in this PUD Document
7 Open space uses and structures including but not limited to nature trails
riding trails fitness trails and shelters boardwalks landscape nurseries
gazebos and picnic areas
8 Pedestrian and bicycle paths or other similar facilities constructed for
purposes of access to or passage through the RecreationOpen Space
District
9 Docks piers boat ramps beaches or other such facilities constructed for
purposes of lake recreation for residents of the project and their guests
10 Shuffleboard courts tennis courts swimming pools and other facilities
intended for outdoor recreation
11 Lake excavations as permitted by Division 35 of the LDC
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12 Any other principal use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
Accessory Uses
1 Practice driving range golf cart barns restroomsshelters and othercustomaryaccessoryusesofgolfcoursesincludinggasolineservice
2 Customary accessory uses or structures incidental to recreational areasandorfacilitiesincludingstructuresforpurposesofmaintenancestoragerecreationorshelterwithappropriatescreeningandlandscaping
3 Communications facilities including but not limited to digital fiberopticmicrowavesatelliteUHFVHFFMAMshortwaveantennaswithrelatedgroundmounteddishesandothersendingandreceivingfacilitiessubjecttoapplicablepermittingThecommunicationsfacilitieslocatedinthisDistrictareaccessoryincidentalandsubordinateactivitiestotheoverallHeritageBayPUD
Any other accessory use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
DEVELOPMENT STANDARDS
Principal structures shall be set back a minimum of 25 feet from RO Districtboundariesandprivateroadsand25feetfromallPUDboundariesconservationandpreservetractsandresidentialtractsexceptwherethePUDabutsapublicrightofwayinwhichcasethesetbackshallbeonehalftheheightofthestructure
Accessory structures shall set back a minimum of 10 feet from RO Districtboundariesandprivateroadsand20feetfromallPUDboundariesconservationandpreservetractsandresidentialtractsexceptwherethePUDabutsapublicrightofwayinwhichcasethesetbackshallbeonehalftheheightofthestructure
Lighting facilities shall be arranged in a manner which will protect roadways andresidentialpropertiesfromdirectglareorunreasonableinterference
D Maximum height of buildings 65 feet
E Maximum height of communications facilities 65 feet
Minimum distance between principal or accessory structures which are a part of anarchitecturallyunifiedgrouping10feet
G Minimum distance between all other principal structures 15 feet
H Minimum distance between all other accessory structures 10 feet
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Minimum floor area None required
J Minimum lot or parcel area None required
Ko 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 site development plan approval
Lo Unless otherwise indicated required yards heights and floor area standards applytoprincipalstructures
Mo Golf course rest stations and secondary maintenance buildings will be permitted to
use septic tanks or holding tanks for waste disposal subject to permitting under
Rule 10D6 Florida Administrative Code and may use potable and irrigation wells
TRANSFER OF DEVELOPMENT RIGHTS
Ao For golf courses located in Sections 13 14 and 24 for each 5 gross acres of
land area utilized as part of the golf courses golf course shall include the club
house area rough fairways greens and lakes internal to the golf course
boundary but excludes any area dedicated as a conservation area which is non
irrigated and retained in a natural state one transfer of development right TDRcreditshallbeacquiredfromareasidentifiedbytheCountyasSendingLands
In the event that construction of approved golf courses commences in Sections
13 14 or 24 prior to the effective date of the Countys applicable TDR program
the developer shall provide in a manner and form acceptable to the Countyfinancialassurancestoguaranteesufficientfundstopurchasethenecessary
number of TDR credits for golf courses The funds guaranteed by the developer
or paid to the County for the golf course TDR credits shall be equal to the
required number of TDRs multiplied by the estimated value of a TDR as
established by the applicable County TDR program If such program is not in
existence at the time of payment as set forth below then the amount shall be as
set forth in the Final Report by Dr James C Nicholas dated November 23
2001
Bo If the construction of approved golf courses commences in Section 13 14 or
24 prior to the effective date of the Countys applicable TDR program then the
developer shall be required to acquire the appropriate TDR credits for golfcourseswithin90daysfollowingimplementationoftheCountysTDRprogram
In the event that an applicable TDR program has not been implemented by the
County and is not effective within 48 months from the adoption date of the
Heritage Bay GMP Amendment then funds guaranteed by the developer or held
by the County for the transfer of development right credits for golf courses
pursuant to this paragraph shall be released or refunded to the developer and the
requirements of this paragraph shall be null and void
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SECTION VI
ACTIVITY CENTER COMMERCIAL DISTRICT
PURPOSE
The purpose of this Section is to identify permitted uses and development standards forareaswithintheHeritageBayPUDdesignatedontheHeritageBayPUDMasterConceptPlanasActivityCenterAC
MAXIMUM SQUARE FOOTAGEUNITS
Commercial activities are limited to a total of 40 acres within the Activity Center located atthenortheastquadrantoftheintersectionofCollierBoulevardCountyRoad951andImmokaleeRoadTheActivityCentercommercialuseswillincludeamaximumof150000squarefeetofretailusesand50000squarefeetofofficeusesAmaximumof200assistedlivingfacilityunitsmaybeconstructedonlandsdesignatedActivityCenter
GENERAL DESCRIPTION
Areas designated as Activity Center on the Heritage Bay PUD Master Concept Plan aredesignedtoaccommodateafullrangeofretailserviceandofficecommercialusesessentialservicesandcustomaryaccessoryuses
The approximate acreage of the Activity Center District is indicated on the Heritage BayPUDMasterConceptPlanThisacreageisbasedonconceptualdesignsandisapproximateActualacreagesofalldevelopmenttractswillbeprovidedatthetimeofsitedevelopmentplanorpreliminarysubdivisionplatapprovalsinaccordancewithDivision33andDivision32respectivelyoftheLDCCommercialtractsaredesignedtoaccommodateinternalroadwaysopenspaceslakesandwatermanagementfacilitiesandothersimilarusesfoundincommercialareas
PERMITTED USES AND STRUCTURES
No building or structure or part thereof shall be erected altered or used or land used inwholeorpartforotherthanthefollowing
A Permitted Principal Uses and Structures
Accounting Auditing and Bookkeeping Services Group 8721AmusementsandRecreationServicesIndoorGroups79117941 7991799379977999
Apparel and Accessory Stores Groups 56115699AssistedLivingFacilitiesCongregateCareFacilities
Automotive Dealers and Gasoline Service Stations Groups 55115599subjecttoSection2628
Automotive Repair Services and Carwashes Groups 7514 7515 752175427549
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7 Automobile Parking Group 7521 except for towin parking8AutoandHomeSupplyStoresGroup55319BarberShopsGroup724110BeautyShopsGroup723111BuildingMaterialsHardwareandGardenSuppliesGroups 5211526112BusinessServicesGroups731173527359exceptairplaneindustrialtruckportabletoiletandoilfieldequipmentrentingandleasing73617397exceptarmoredcaranddogrental7389exceptauctioneeringbronzingfieldwarehousingsalvagingofdamagedmerchandise13ChildDayCareServicesGroup835114ChurchesandotherPlacesofWorship15CommercialPrintingGroup2752excludingnewspapers16DepositoryInstitutionsGroups6011609917EatingandDrinkingEstablishmentsGroups5812581318EngineeringAccountingResearchManagementandRelatedServicesGroups8711874819FireStationEMS
20 Food Stores Groups 5411549921GeneralMerchandiseStoresGroups 5311539922GlassandGlazingWorkGroup179323GolfClubFacilitiesincludingAncillaryTeaching Facilities and TemporaryGolfClubhousesGroups79927997799924GroupCareFacilitiesCategoryIandIICareUnitsNursingHomesandFamilyCareFacilitiesALFGroups8051excludingmentalretardationhospitals8052805925HardwareStoresGroup525126HealthServicesGroups8011804980828093809927HoldingandOtherInvestmentOfficesGroups6712679928HomeFurnitureFurnishingandEquipmentStoresGroups5712573629IndividualandFamilySocialServicesGroup8322activitycenterselderlyorhandicappedadultdaycarecentersanddaycarecentersadultandhandicappedonly30InsuranceCarriersAgentsandBrokersGroups63116399641131LegalServicesGroup811132LibrariesGroup823133ManagementandPublicRelationsServicesGroups874187438748MembershipOrganizationsGroups8611869934MiscellaneousPersonalServicesGroup729135MiscellaneousRepairServicesGroups762276417699exceptagriculturalequipmentrepairawningrepairbeerpumpcoilcleaningandrepairblacksmithshopscatchbasinseptictankandcesspoolcleaningcoppersmithingfarmmachineryrepairfireequipmentrepairfumaceandchimneycleaningindustrialtruckrepairmachinerycleaningrepairofservicestationequipmentboilercleaningtinsmithingtractorrepair36MiscellaneousRetailGroups5912596359845992599937ModelUnitsSalesCenters38MotionPictureTheatersGroup7832783339MultiFamilyDwellingsincludingbutnotlimitedtoApartments
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47
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55
56
57
58
59
Museum Art Galleries Group 8412 NonDepository Credit InstitutionsGroups61116163
Paint Glass and Wallpaper Stores Group 5231PersonalServicesGroups721172127215 7216 nonindustrial drycleaningonly721772197261exceptcrematories72917299PhotographicStudiosGroup7221
Physical Fitness Facilities Group 7991RealEstateGroups6512653165416552ResortRecreationFacilitiesincludingbutnotlimited to Tennis Clubs HealthSpasEquestrianClubsandotherRecreationalClubsGroups79917999RetailNurseriesLawnandGardenSupplyStoresGroup5261PublicAdministrationMajorGroups91929394959697RecreationServicesGroups791179227929793379417991799379977999
Security and Commodity Brokers Dealer Exchanges and Services Groups62116289
Shoe Repair Shops and Shoeshine Parlors Group 7251SocialServicesGroups83228399UnitedStatesPostalServiceGroup4311exceptmajordistribution centerVeterinaryServicesGroups07420752excludingoutsidekennelingVideoTapeRentalGroup7841VocationalSchoolsGroups82438299UsespermittedunderSection34ofthisPUDsubjecttotheDevelopmentStandardsofSection36
Any other principal use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with principal usespermittedinthisDistrictincludingkioskvendors
Outdoor dining shall be permitted as an accessory use to an eatingestablishment
Communications facilities including but not limited to digital fiberopticmicrowavesatelliteUHFVHFFMAMshortwaveantennaswithrelatedgroundmounteddishesandothersendingandreceivingfacilitiessubjecttoapplicablepermitting
Any other accessory use which is comparable in nature with the foregoingusesandisapprovedthroughtheprocesssetforthintheLDCineffectatthetimeoftherequestforsuchuse
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65 DEVELOPMENT STANDARDS
Property Development RegulationsThePropertyDevelopmentRegulations for the Activity Center District and theadjacentGovernmentFacilitysitearesetforthinTable3
Exterior lighting shall be arranged in a manner which will protect roadways andresidentialpropertiesfromdirectglareorunreasonableinterference
Shared parking between and among permitted uses shall be permitted throughouttheActivityCenterDistrictEachfreestandinguseshallnotberequiredtoprovide100oftheLDCminimumparkingontheprojectsitehoweverthetotalparkingprovidedforActivityCentershallmeetorexceedtheminimumparkingrequiredforthecombinedlanduses
Access to the government facility site adjacent to the Activity Center shall befromtherightsofwayreservedfortheCountyforfutureextensionofCollierBoulevardCountyRoad951aminimumof660feetnorthoftheintersectionofCollierBoulevardCountyRoad951withImmokaleeRoad
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TABLE 3DEVELOPMENTSTANDARDSFORACTIVITYCENTER AND GOVERNMENT FACILITY SITE
PRINCIPAL
USES ACCESSORY USES
Minimum Lot or Parcel Area 10000 sq ft na
Minimum Lot Width 75 ft na
Minimum Building Setbacks
Immokalee Road 35 fl or BH whichever greater 20 ft
Future Extension of Collier Boulevard
County Road 951 35 ft or BH whichever greater 20 ft
Internal Frontage Drives 15 ft 20 fl
0 ft to bulkhead or dprap at topofbankprovidedarchitectural
Waterfront bank treatment is incorporatedintothedesignandsubjectto 0 fl
written approval from Collier
CountyNonRightofWayPerimeterProjectBoundarybuildingsupto50ftin 30 ft 20 ftheight
Preserves 25 ft 10 ft
NonRightofWayPerimeter Project 35 ft or the BuildingBoundarybuildingsover50flin50ftHeightswhicheverisheightgreater
Minimum Distance
Between Commercial Structures
which are part of an architecturally 10 ft 10 ftunifiedgroup
Between All Other Commercial
Structures 20 ft 10 ft
Between All MultiFamilyBuildings the Sum of the Building
Heights 10 ft
Maximum Height
Retail Buildings 50 ft 35 ft
Office Buildings 65 ft 35 ft
MultiFamily Buildings 65 ft 35 ft
Communications facilities na 65 ft
excluding drivethrough facilities
For the purpose of Table 3 the term MultiFamily Building includes Assisted Living Facilities
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SECTION VII
CONSERVATION AND PRESERVATION DISTRICT
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within the Heritage Bay PUD designated on the Heritage Bay PUD Master ConceptPlanasCOandP
GENERAL DESCRIPTION
The 863 acres designated as Conservation and Preservation District on the Heritage BayPUDMasterConceptPlanaredesignedtoaccommodateconservationinterpretiveeducationaltrailsandlimitedwatermanagementusesandfunctions
PERMITTED USES AND STRUCTURES
No building or structure or part thereof shall be erected altered or used or land or waterusedinwholeorinpartforotherthanthefollowing
Permitted Principal Uses and Structures
o
Conservation and Preserve
Passive recreation nature trails recreational shelters gazebos and othersimilaruses
Water management structures
Temporary construction access road
Utility or roadway crossings as shown on the Heritage Bay PUD Master
Concept Plan
Mitigation areas and mitigation maintenance activities
Hiking trails pedestriangolf cart boardwalks nature trails elevated and at
grade riding trails and other such facilities constructed for the purpose of
passage through or enjoyment of the sites natural attributes subject toapprovalbypermittingagencies
Signs as permitted by the LDO in effect at the time permits are requestedexceptasmodifiedherein
Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and is approved through the
process set forth in the LDO in effect at the time of the request for such
use
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AAGRICULTURAL ZONEDNURSERYANDRESIDENTIALmmmmmmmmmmm iii mmm mmmmmm m mm mmmmmmmm mm dAGRICULTURAL ZONED
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HERITAGE BAY WilsMillerPage 325 of 466
II
HERITAGE BAYPage 326 of 466
Bonita
Springs
COLLIER COUNTY
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Page 328 of 466
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OPTION
FINAL WELL LOCATIONS
TO BE APPROVED BY
US HOME
OPTION 2
EXHIBIT D2
memmmmmmmmmmmm Z meememm N mm
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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 copy of
ORDINANCE NO 200340
Which was adopted by the Board of County Commissioners on
the 29th day of July 2003 during Regular Session
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County Florida this 5th day
Of August 2003
DWIGHT E BROCK
Clerk of Courts and Clerk
Page 330 of 466
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
HEARING PACKAGE CHECKLIST Return this form with printed materials
A. Backup provided by the County Planner
The Planner is responsible for all required data included in the printed packets of information for the Hearing
Examiner (Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLICATES OF ANY
DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION.
PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN “BACKUP PROVIDED BY APPLICANT.”
Planner responsible for providing the County Attorney-drafted Ordinance for PUDs and placing in backup
materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT – STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE
STAFF REPORT]
B. Backup provided by Applicant:
PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY
DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE
BACKUP PROVIDED BY APPLICANT IS IN DISARRAY-MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE
APPLICANT PROVIDES MULTIPLE DUPLICATES-THE APPLICANT COULD LOSE ITS HEARING DATE.
____ Application, to include but not limited to the following:
____ Narrative of request
____ Property Information
____ Property Ownership Disclosure Form
____ Any other documents required by the specific petition type; such as a variance, a boat
dock extension; PUD amendment, rezone request, etc.
____ Disclosure of Property Ownership Interest (if there is additional documentation aside from
disclosure form)
____ Affidavit of Unified Control
____ Affidavit of Representation
____ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
____ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)
Include 3 thumbnail drives of video and/or audio
____ Traffic Impact Study (TIS)
____ Environmental Data
____ Historical/Archeological Survey or Waiver
____ Utility Letter
____ Deviation Justifications
X
X
X
X
X
X
PL202500004410
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Page 331 of 466
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
____ Boundary Survey
____ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc.
___ Submerged Resource Surveys may be included here if required.
____ CD with only one pdf file for all documents in the same order as the packets are put together.
They must be in the same order.
I understand that by submitting the above materials, it is the agent’s/applicant’s responsibility to ensure all materials are in the same
order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple
files) in the same order as the printed materials. It is the agent’s responsibility to ensure no documentation is left out.
________________________________________ ____________________
Signature of Agent Representative Date
________________________________________
Printed Name of Signing Agent Representative
Lora Trent
10/31/2025
N/A
N/A
N/A
X
Page 332 of 466
Sign Variance (SV) 6/28/2024 Page 1 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
GMCD Public Portal
Land Development Code
Administrative Code
Name of Property Owner:
Address: City: State: ZIP:
Phone: __________________________ E-Mail:
Name of Applicant/Agent:
Firm:
Address: City: State: ZIP:
Phone: __________________________ E-Mail:
Provide a detailed legal description of the property covered by the application. (If space is inadequate,
attach description on a separate sheet.)
Property ID Number: Section/Township/Range:______/______/_____
Subdivision: Unit: Block:______ Lot:______
Metes & Bounds Description:
Address of Sign Location:
Current Zoning: Land Use of Subject Parcel:
If a wall sign, length & height of wall upon which the Sign will be secured:
SIGN VARIANCE PETITION (SV)
Land Development Code section 5.06.08 and 10.03.06 F.
Chapter 3 I. of the Administrative Code
Applicant Contact Information
Project Information
34120
Page 333 of 466
Collier County
Sign Variance (SV) 6/28/2024 Page 2 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
1. On a separate sheet attached to the application, provide a detailed explanation of the variance
request including what signs are existing and what is proposed; the amount of encroachment
proposed using numbers, e.g. reduce setback from 15 ft to 10 ft; why encroachment is necessary;
how existing encroachment came to be; etc.
Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that
the Hearing Examiner shall be guided in the determination to approve or deny a variance petition
by the below listed criteria:
2. Pursuant to LDC subsection 5.06.08 B, on a separate sheet attached to the application, please
address the following criteria:
a) That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in the
same district.
b) That literal interpretation of the provisions of the sign code would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district and would present
unnecessary and undue hardship on the applicant.
c) That the special conditions and circumstances which are peculiar to the land, structure, or
building do not result from the actions of the applicant.
d) That granting the variance requested will not confer on the applicant any special privilege that
is denied by this sign code to other lands, structures or buildings in the same zoning district.
e) That the variance granted is the minimum relief that will make possible the reasonable use of
the land, structure or building.
f) That the granting of the variance will be consistent with the general intent and purpose of the
Collier County Sign Code and the Growth Management Plan, and will not be injurious to
adjacent properties or otherwise detrimental to the public welfare.
Nature of Petition
Page 334 of 466
Collier County
Sign Variance (SV) 6/28/2024 Page 3 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Complete the following for all registered Home Owner / Civic Association(s) that could be affected by
this petition. Provide additional sheets if necessary. Information can be found on the Civic
Associations and Communities page on the Board of County Commissioner’s website. Applicant
is responsible for and shall confirm the current mailing addresses for each association as registered
by the Florida Department of State, Division of Corporations.
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and
at time of application submittal. At time of submittal, the checklist is to be completed and submitted
with the application packet. Please provide the submittal items in the exact order listed below with
cover sheets attached to each section. Incomplete submittals will not be accepted or processed.
REQUIREMENTS FOR REVIEW:
Application Form
Pre-Application Meeting notes
Affidavit of Authorization, signed and notarized
Property Ownership Disclosure Form
Completed Addressing Checklist
Location Map 8 ½ in. x 11 in. depicting major streets in area for reference
Survey or Site Plan of Property
Once the first set of review comments are posted, provide the assigned planner
with draft Agent Letter, address of property owners, and certification.
Electronic copy of all documents and plans.
Associations
Pre-Application Meeting and Final Submittal Requirement Checklist
Sign Variance (SV)
Chapter 3 I of the Administrative Code
Page 335 of 466
Collier County
Sign Variance (SV) 6/28/2024 Page 4 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Pre-Application Meeting fees are applied as credit towards review fees upon submittal of
application, if received within nine months from the date the pre-application meeting is held.
Pre-Application Meeting: $500.00 $
Sign Variance Petition: $2,000.00 $
Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 $
Fee Subtotal: $
Pre-application fee credit: $
Total Fees Required: $
All fees are collected at the time of application. Property Notification Letters, if required by The Land
Development Code, will be invoiced after the petition is heard by the Board of County Commissioners.
As the authorized agent/applicant for this petition, I attest that all information indicated on this checklist
is included in this submittal package. I understand that failure to include all necessary submittal
information may result in the delay of processing this petition. Additional fee for the 5th and subsequent
re-submittal will be accessed at 20% of the original fee.
______________________________________
Signature of Petitioner or Agent
_______________________________________ ___________
Printed Named of Signing Party Date
Fee Calculation Worksheet
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMCD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDClientServices@colliercountyfl.gov
Page 336 of 466
Addressing Checklist 6/14/2024 Page 1 of 2
Growth Management Community Development • Operations & Regulatory Management
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Addressing Checklist
GMCD Public Portal
Land Development Code
Administrative Code
Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * are
required for every application, other items are optional and may not apply to every project.
Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after
that timeframe and any time the properties within the project boundary are modified.
*Name of Owner/Agent:
Firm [if agent]:
*Address:*City:*State:*ZIP:
*Telephone:Cell:Fax:
*E-Mail Address:
*Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]:
*Legal Description of subject property or properties [Attach list if necessary]:
Street Address(es) where applicable, if already assigned:
Applicant Contact Information
Location Information
Page 337 of 466
Collier County
Addressing Checklist 6/14/2024 Page 2 of 2
Growth Management Community Development • Operations & Regulatory Management
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Acceptance of this form does not constitute project and/or street name approval and is subject to further review by
the Addressing Official. Pre-approval of project name and/or street name may be requested by contacting us at
GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal.
Current Project Name:
Proposed Project Name:
Proposed Street Name:
Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####]
Additional documents may be attached to this form and can include.
Checkmark the items included with this application:
Requirements for Review: Required:
LOCATION MAP and/or SURVEY showing the proposed project boundary. ☒
List of additional folio numbers and associated legal descriptions. ☐
E-mail from Addressing Official for any pre-approved project and/or street names.☐
Project Information
Submittal Requirement Checklist
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMCD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: Front.Desk@colliercountyfl.gov
Page 338 of 466
May 9, 2025
Culver’s Restaurant
8940 Sage Ave.
Naples, FL 34120
RE: Sign Variance Request
Culver’s located at 8940 Sage Ave. Naples, FL 34120, would like to request one additional menu board to be
placed in a tandem double drive-thru lane to help with the efficient operation of the drive-thru lane. Per the
Land Development Code Section 5.06.04.F.5 Menu boards: One sign with a maximum height of 6 feet
measured from drive thru lane grade adjacent to the sign and 64 square feet of area is allowed per drive thru
lane, not to exceed 2 signs per parcel.
That special conditions and circumstances exist which are peculiar to the land, structure, or building involved
and which are not applicable to other lands, structures, or buildings in the same district. The plight of the
landowner is due to circumstances unique to the property not created by the landowner; and the variance, if
granted, will not alter the essential character of the locality in the same district. Culver’s physical layout of the
land does not allow the option for a double drive through lane to be added due to the footprint of the parking
lot and drive through lane therefore physically causing a hardship as there is not enough room to add a second
lane to the property. Neighboring properties in the same zoning district are different in size and shape and have
their own footprints with different configurations in their layouts. At the time that this location was designed
and built Culver’s Franchisee didn’t offer the option for tandem drive through lanes or double drive through.
The need and demand is out there, therefore by allowing Culver’s the use of two menu boards allowing two
order takers, and two pickup windows all in one lane increases the number of customers you can serve in one
lane, increase car counts without driving service times higher, encourage customers to use the tandem lane
because the line looks shorter and overall improves the operational efficiency.
That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district and would present unnecessary and undue hardship on
the applicant. Denial of our request would result in unnecessary and undue hardship to the landowner which
will cause inefficiency delays in the operation of the drive-thru lane. Other fast food restaurants like Chick-
Fil-A have the ability and the site layout to have a functional double drive through lane with dual menu boards
whereas Culver’s site’s configuration prevents them from having a conventional double drive through lane, and
denying them the dual menu boards will hinder the applicant’s efficiency, creating an undue hardship not faced
by other fast food restaurants with more adaptable site designs. Culver’s request to have a tandem double-
drive-thru at their restaurant, would allow them to have two functional menu boards which is designed
to increase efficiency and customer satisfaction throughput. It essentially allows two vehicles to be served
Page 339 of 466
simultaneously, even when the drive-thru has only one physical entrance and exit. This can be beneficial for
busy periods and reduce perceived wait times for customers.
That the special conditions and circumstances which are peculiar to the land, structure, or building do not result
from the actions of the applicant. No, the special conditions which are peculiar to the land are not a result from
the actions of the applicant or the owner. Due to Culver’s size of the property and their site configuration to
meet Culver’s Brand Standard layouts and the need to meet code requirements the design layout doesn’t allow
the ability to have a double drive through lane
For some restaurants with limited space such as Culver’s, a tandem drive through is a good way to increase
capacity without expending the drive through physical footprint.
That granting the variance requested will not confer on the applicant any special privilege that is denied by this
sign code to other lands, structures or buildings in the same zoning district. Correct, by approving our request
Culver’s Brand Standard format will be consistent with CFS’s branding nationwide. Granting this request does
not provide Culver’s with a unique advantage but aligns them with other restaurants nearby with similarly zoned
properties. Denied by the provisions of the ordinance and not granting the request will constitute unnecessary
and undue hardship to the landowner such as operational delays, increased customer wait times, affect the
efficient operation of the drive though, reduce competitiveness, and inability to meet Culver’s Franchise System
Brand Standards. Approving the allowance of two menu boards in a single lane can better predict queue
lengths, optimize staffing, improve operational efficiency, and make data-driven decisions to enhance the
customer’s experience.
That the variance granted is the minimum relief that will make possible the reasonable use of the land, structure
or building. Culver's is a nationally recognized restaurant, and with that comes Brand Standard consistencies.
Allowing the additional menu board for a tandem drive-thru lane update will increase efficiency by allowing two
cars to be served at the same time, the overall throughput of the drive-thru increases meaning customers can be
served in a shorter period of time. Allowing the additional menu board will reduce wait times making the line
appear to be shorter and reduce the feeling of waiting in a long line. With two ordering points it will improve
operational efficiency allowing staff to work more efficiently to server customers faster. The request for the
additional menu board is the least deviation necessary from the Collier County Sign Code and without it, Culver’s
cannot function properly as a quick-service operational restaurant to meet with todays fast paced demands.
That the granting of the variance will be consistent with the general intent and purpose of the Collier County
Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise
detrimental to the public welfare. The requested variance for the additional menu board is minimum and
reasonable use to our business and shall not be opposed to the general spirit and intent of Collier County Sign
Code. Granting our request is intended to establish a comprehensive and balanced system of sign control and
accommodates the need for a well maintained, safe and effective communications. Additionally, our request
aligns with the County’s goal and the support of business development by maintaining visual harmony while
Page 340 of 466
improving and increasing efficiency through the drive through lane, decreasing traffic congestion, reducing
longer wait times, and enhancing traffic flow and safety to the general public. The granting of this Variance will
not adversely affect the public's health, safety, morals, convenience, prosperity, or general welfare in which this
property is located. The granting of the Variance will not adversely affect the rights of neighboring parties or
impair the property values. Granting our request will enhance the drive through lane featuring a dedicated lane
with clear signage, which will effectively improve traffic flow for all road users therefore enhancing public safety.
We are respectfully asking for you to review our request, see our need, and approve our Variance request.
Kind Regards,
Lora Trent
Lora Trent
Springfield Sign
4825 E Kearney St.
Springfield, MO 65803
loram@springfieldsign.com
417-862-2454
Page 341 of 466
Culver’s Restaurant
8940 Sage Ave.
Naples, FL 34120
A brief overview of the property located at 8940 Sage Ave Naples, FL:
Culver’s located at 8940 Sage Ave. Naples, FL 34120, would like to request one additional menu board to be placed in a
tandem double drive-thru lane to help with the efficient operation of the drive-thru lane. Per the Land Development Code
Section 5.06.04.F.5 Menu boards: One sign with a maximum height of 6 feet measured from drive thru lane
grade adjacent to the sign and 64 square feet of area is allowed per drive thru lane, not to exceed 2 signs per parcel.
.
SURROUNDING LAND USE AND ZONING:
North: Goodwill Thrift Store, with a zoning designation of PUD Zoning District
West: Bellaire Bay Dental Care – Dentist, with a zoning designation of PUD Zoning District
East: Taco Bell – Restaurant (single drive through), with a zoning designation of PUD Zoning District
South: 8908 Founders Pl, Naples FL 34120, with a zoning designation of MPUD Zoning District
Explanation of our Request:
Culver’s would like to request an additional menu board to provide a tandem drive through lane to improve operational
efficiency and quality service.
Page 342 of 466
Page 343 of 466
Page 344 of 466
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Page 346 of 466
SCALE 1" = 25'Client:
Culver Franchising System, Inc.
540 Water Street
Prairie du Sac, WI 53578
p (608) 643-7980Sheet Number:
1 OF 1
Project Number:
Drawn By:
Reviewed By:
Date:
CLH
MW
SPRINGFIELD SIGN
4825 E. Kearney St.
Springfield, MO 65803
(417) 862-2454
8-26-25
LOCATION:
55465
NAPLES, FL.
CULVER FRANCHISING SYSTEM, INC.
NEW CULVER'S-SIGNAGE
8940 SAGE AVE.
NAPLES, FL. 34120
SIGN PLACEMENT PLAN DRIVETHRUSAGE AVE
9'-6"5'-4"EXISITNG MENU
BOARD AND
CANOPY TO
REMAIN
197.5'235.75'197.5'235.4'N
MENU
BOARD
(MB-DT-46)
DRIVE THRU
CANOPY
(DTC-1)
63.43'
38.68'
29.0'
116.80'
Per the Land Development Code Section 5.06.04.F.5 Menu boards: One sign with a maximum height of 6 feet
measured from drive thru lane grade adjacent to the sign and 64 square feet of area is allowed per drive thru
lane, not to exceed 2 signs per parcel. Our request is for 2 Menu Boards at 38.39 s.f., totaling 76.78 for 2 Menu
Boards. We are proposing an in line double drive through with 2 Menu Boards and Ordering Canopies.
VARIANCE
BOUNDARY
MB-DT-46 38.39 S.F.99" (W) X 55.50" (H)
MENU BOARD TOTAL = 76.78 S.F.
MENU BOARD AREA CALCULATIONS
SIGN SIZE (APPROX.)AREA
MB-DT-46 38.39 S.F.99" (W) X 55.50" (H)
Page 347 of 466
Page 348 of 466
PROJECT # 24-0524 OWNER: CULVER'S
August 15, 2024 8940 SAGE AVENUE
DRAWING # B1861502 NAPLES, FL 34120
WIND LOAD 49.670 PSF
WIND SPEED 170 MPH CLIENT: SPRINGFIELD SIGN
# COLUMNS 2 FBC 8TH ED (2023)4825 E. KEARNEY ST.
DESIGNER SR SPRINGFIELD, MO
SHAPE CENTROID TOTAL
ITEM HEIGHT WIDTH FACTOR HEIGHT AREA FORCE MOMENT
======== ======== ======== ======== ======== ======= ======== ========
CANOPY 2.206 6.208 1.000 1.103 13.694 0.680 0.750
COLUMN 0.510 2.604 1.000 0.255 1.329 0.746 1.114
CLADDING 6.893 2.604 1.000 3.447 17.951 1.638 9.331
PEDESTAL 0.125 3.750 1.000 0.063 0.469 1.661 9.537
SUBGRADE 0.167 0.083 0.000 1.661 9.814
OAH 9.734
DL MOMENT = 1.093 DL+WL 10.907
BOLT CALCULATIONS
*****************OBLIQUE
BOLT BOLTS/ TENSION/ BOLT ALLOW. ALLOWABLE
ITEM MOMENT SPACING PLATE BOLT DIAM. STRESS TENSION
============== ======= ======= ======= ======= ======= ========
BASE PL.10.907 10.000 4.000 6.850 0.750 19.100 8.438
ANCHOR BOLT PROJECTION ANCHOR EMBEDMENT ANCHOR BOLT MIN. LENGTH
3.750 18.171 22.000
VERTICAL SLAB
MOMENT 10.907 FT-KIP
FORCE 1.661 KIP
ASSUME SOIL CLASS #4 SW, SP, SM, SC, GM & GC
LATERAL BEARING PRESSURE - PSF/FT OF DEPTH 150.0 PSF/FT
S1 575.0
SLAB DEPTH (d)5.750 FT.
SLAB WIDTH (b)4.500 FT.
SLAB THICKNESS 2.000 FT.
AVERAGE HEIGHT (h)6.566 FT.
A = 2.34*FORCE/(S1*b)1.373
CALCULATED DEPTH 3.895 FT.
MINIMUM THICKNESS WITHOUT REBAR 11.433 IN.
SQRT(M*12*6*1.7*.75/(.178*12*WIDTH))
ACTUAL THICKNESS 24.000 IN.
CONCRETE 1.972 CU. YD.
REFERENCE IBC 1807.3.2 & TABLE 1806.2
Page 349 of 466
MB-DT-46 EXTERIOR MENU BOARD
POPP-Out
Blue Outdoor Drive-Thru Menu Board
SCALE: 3/8” = 1’*SCALE AND COLORS NOT REPRESENTATIVE FROM EMAIL ATTACHMENTS
*ALL MEASUREMENTS ARE APPROXIMATE
FRONT
REAR
A - INSIDE BACK OF MENU BOARD FACE (ONLY ONE PANEL SHOWN FOR
CLARITY)
B - FRONT PANEL IS ANTI-GLARE (CLEAR) FOR INCREASED VISIBILITY
C - POP PANEL - PRODUCT GRAPHIC
D - REAR PANEL FITTED WITH POPP-Out PANEL
E - SUPPORTING “TIP TRAY” FOR PANELS (SELF ALIGNING)
F - POPP-Out TAB HANDLE
G - PAIRED MAGNETIC “LATCH” (MAGNETS EMBEDDED IN POP-Out PANEL
& BACK OF MENU BOARD)
PANEL BEING REMOVED
INTERIOR VIEW OF MENU BOARD
A
B
C
D
E
F
Point Of Purchase Panel System
PANEL IN PLACE
F
G
This drawing is Copyrighted material, it remains the property of Springfield Sign unless otherwise agreed upon in writing. It is unlawful to use this drawing for
bidding purposes, nor can it be reproduces, copied or used in the production of a sign without written permission from Springfield Sign & Graphics.
T h i s i s a n a r t i s t i c r e n d i t i o n a n d f i n a l c o l o r s / s i z e s m a y v a r y f r o m t h a t d e p i c t e d h e r e i n .
2020 Springfield Sign & Graphics Inc., Springfield Sign
DATE CREATED / REVISION HISTORY
04/16/24 - NEW
4/19/24 - Permitting
10/16/24 - Height to 6’
SALES PERSON:
MARK WESSELL
AO:
49669
DESIGNED BY:
J KROEGER
MB-DT-46
Standard Menu Board for Drive-
Thru Lane
LED Internal Illumination
POP Graphic panels must be
purchased separately
POPP-Out magnet access panels
included for easy in & out of POP
panels
“-CS” option for 160mph coastal
wind standards available
Locking rear access doors (4)
PANELS INDIVIDUAL V.O.
TOTAL = 38.39 SQ. FT.
99” FULL V.O.55-1/2” FULL V.O.Page 350 of 466
PROJECT # 24-0524R OWNER: CULVER'S
January 14, 2025 8940 SAGE AVENUE
DRAWING # B1861503R NAPLES, FL 34120
WIND LOAD 40.476 PSF
WIND SPEED 170 MPH CLIENT: SPRINGFIELD SIGN
# COLUMNS 1 Florida Building Code 4825 E. KEARNEY ST.
DESIGNER GHK 8th Ed. (2023)SPRINGFIELD, MO
SHAPE CENTROID TOTAL
ITEM HEIGHT WIDTH FACTOR HEIGHT AREA FORCE MOMENT
======== ======== ======== ======== ======== ======= ======== ========
MENUBOARD 5.229 8.854 1.000 2.615 46.300 1.874 4.900
SKIRT 0.771 2.229 1.000 0.385 1.718 1.944 6.371
OAH 6.000
DL MOMENT 0.069
COLUMN CALCULATIONS (CODES P=PIPE;O=OTHER;T=TUBE)
DESIGN AVAILABLE
COLUMN COLUMN COLUMN Ixx MODULUS REQUIRED FLEXURAL
ITEM WIDTH DEPTH WALL COLUMN COLUMN MOMENT STRENGTH UNITY
= ======== ======== ======== ======== ======= ======== ======== ======== ========
P SKIRT 5.563 0.241 14.3 6.83 6.441 12.27 0.663
CAISSON
MOMENT 6.441 FT-KIP
FORCE 1.944 KIP
ASSUME SOIL CLASS #4 SW, SP, SM, SC, GM & GC
LATERAL BEARING PRESSURE - PSF/FT OF DEPTH 150.0 PSF/FT
S1 666.7
DEPTH 6.667 FT.
DIAMETER 2.000 FT.
3.314 FT.
3.411 FT.
CALCULATED DEPTH 5.608 FT.
MINIMUM THICKNESS WITHOUT REINFORCEMENT 21.235 IN.
ACTUAL DIAMETER 24.000 IN.
CONCRETE 0.776 CU. YD.
REFERENCE IBC 1807.3.2 & TABLE 1806.2
Page 351 of 466
Page 352 of 466
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)
at 1:00 P.M., December 11, 2025, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe
Drive, Room 609/610, Naples, FL 34104, to consider:
PETITION NO. SV-PL20250004410 – REQUEST FOR A VARIANCE FROM THE LAND
DEVELOPMENT CODE SECTION 5.06.04 F.5 WHICH ALLOWS FOR ONE MENU
SIGN WITH A MAXIMUM HEIGHT OF 6 FEET, MEASURED FROM THE DRIVE -
THRU LANE GRADE ADJACENT TO THE SIGN, AND PERMITS A MAXIMUM AREA
OF 64 SQUARE FEET PER DRIVE-THRU LANE WITH A LIMIT OF TWO SIGNS PER
PARCEL, TO INSTEAD ALLOW AN ADDITIONAL MENU BOARD FOR A TOTAL OF
TWO SIGNS IN ONE DRIVE-THRU LANE AT 8940 SAGE AVE, HERITAGE BAY
COMMONS TRACT D, SECTION 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
All interested parties are invited to appear and be heard. All materials used in presentation before the
Hearing Examiner will become a permanent part of the record.
Page 353 of 466
Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier
County Growth Management Community Development Department, Zoning Division, 2800 North
Horseshoe Drive, Naples, FL 34104.
As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such
final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances
within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by
the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be advise d that he/she
proceeds with construction at his/her own risk during this 30-day period. Any construction work completed
ahead of the approval authorization shall be at their own risk.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to
provide public comments remotely, as well as in person, during this proceeding. Individuals who would
like to participate remotely should register through the link provided within the specific event/meeting entry
on the Calendar of Events on the County website at www.collier.gov/Calendar-Events-directory events
after the agenda is posted on the County website. Registration should be done in advance of t he public
meeting, or any deadline specified within the public meeting notice. Individuals who register will receive
an email in advance of the public hearing detailing how they can participate remotely in this meeting.
Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for
technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or
email to Ray.Bellows@collier.gov.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2)
days prior to the meeting.
Andrew W. J. Dickman, Esq., AICP
Chief Hearing Examiner
Collier County, Florida
Page 354 of 466
From: Lora Trent <LoraM@springfieldsign.com>
Sent: Wednesday, November 19, 2025 3:46 PM
To: Maria Estrada
Subject: PL202500004410
Attachments: 2f831aaa-072e-457a-a041-72d0c1537576.JPG; 3c7a345a-191d-479f-9469-
216be155c801.JPG; 09ddb675-002e-4f10-a79d-2f516c099819.JPG;
6890bd01-df57-4252-9af5-49e5b62c7a72.JPG; 46579e58-c48b-4f2d-a16d-
defe8de2ce09.JPG; a9ac5694-2e45-4ad0-81a3-75b352eb26ab.JPG
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender
and use extreme caution when opening attachments or clicking links.
Maira, here are the photos of the signs posted on the property. Please let me
know if you need anything else.
Lora Trent / Permit Department
Manager
loram@springfieldsign.com
Springfield Sign
Office: 417.862.2454
4825 E Kearney St | Springfield, MO
65803
springfieldsign.com
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Page 355 of 466
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12/11/2025
Item # 3.E
ID# 2025-4807
PETITION NO. SV-PL20250004411 – 5102 Tamiami Trail E, Sabal Bay - Request for a variance from the Land
Development Code Section 5.06.04.F.5. which allows for one menu sign with a maximum height of 6 feet, measured
from the drive-thru lane grade adjacent to the sign, and permits a maximum area of 64 square feet per drive-thru lane,
with a limit of two signs per parcel, to instead allow an additional menu board for a total of two sings in one drive-thru
lane at 5102 Tamiami Trail E, Sabal Bay Commercial Plat Phase Four, Tract M, Section 19, Township 50 South, Range
26 East, Collier County, Florida. [Coordinator: Maria Estrada, Planner II] Commission District 4
ATTACHMENTS:
1. Staff Report SV-PL20250004411-CULVER'S 5102 Tamiami Trail E
2. Attachment A-Sign Plan
3. Attachment B- Sabal Bay MPUD,Ordinance No. 05-59
4. Attachment C-Application & Backup Material
5. Attachment D-Legal Ad & Sign Posting
Page 358 of 466
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
ZONING DIVISION-ZONING SERVICES SECTION
HEARING: DECEMBER 11, 2025
SUBJECT: PETITION SV-PL20230004411, CULVER'S – 5102 TAMIAMI TRAIL EAST
PROPERTY OWNER/AGENT:
Owner: Naples Sunset Dreams LLC Agent / Applicant: Lora Trent
840 Lake Rd Springfield Sign
Brookfield, WI 53005 4825 E Kearney St.
Springfield, MO 65803
REQUESTED ACTION:
The petitioner requests a Sign Variance from Land Development Code Section 5.06.04.F.5 to allow
an additional menu sign in one drive-thru lane, enabling a total of two menu boards located within
Sabal Bay (PUD), Ordinance 05-59, as amended.
GEOGRAPHIC LOCATION:
The subject 1.09-acre parcel is located at 5102 Tamiami Trail East, within the Sabal Bay Planned
Unit Development, and is also described as Sabal Bay Commercial Plat Phase Four Tract M, in
Section 19, Township 50 South, Range 26 East, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The subject 1.09-acre property is located within the Sabal Bay Mixed Planned Unit Development.
According to Section 2.17 of the PUD document, all signs must comply with Section 5.06.00 of the
Land Development Code (LDC), with two specific exceptions noted in the ordinance, particularly in
Section 2.17.A on page 19, which is included with this staff report. Notably, this section does not
mention menu boards, meaning they will default to the regulations set by the Land Development
Code (LDC). Additionally, because the ordinance does not address menu boards, the relevant LDC
regulations will apply. The applicant seeks the subject sign variance to maximize the efficiency of the
drive-thru lane operation and quality service. The existing design and limited physical space do not
allow or accommodate tandem drive-thru lanes. Allowing two menu boards, two order takers, and
two pickup windows in one lane will enhance customer service efficiency and increase capacity.
Therefore, this request for a sign variance is necessary.
SV-PL20250004411– 5102 Tamiami Trail East / Culver’s
December 11, 2025
Page 1 of 6
Page 359 of 466
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Page 360 of 466
SV-PL20250004411– 5102 Tamiami Trail East / Culver’s
December 11, 2025
Page 3 of 6
Drive-Through / Menu Board Layout
SURROUNDING LAND USE AND ZONING:
North: Developed Commercial Tract L within Sabal Bay Mixed Planned Unit Development
(MPUD) Zoning District
East: Six-lane Tamiami Trail East ROW, followed by General Commercial (C-4) Zoning
District
South: Developed Commercial 2.07-acre parcel, Tract N within Sabal Bay Mixed Planned
Unit Development MPUD Zoning District
West: Developed Commercial 2.97-acre parcel, Tract P & portion of Tract N, and vacant
4.34-acre parcel, Tract O, within the Sabal Bay Mixed Planned Unit Development
MPUD Zoning District
Page 361 of 466
SV-PL20250004411– 5102 Tamiami Trail East / Culver’s
December 11, 2025
Page 4 of 6
Aerial Photo (Collier County GIS)
Street View – Tamiami Trail East– Google Earth
Street View – Entrance from Internal Connect Rd– Google Earth
Page 362 of 466
SV-PL20250004411– 5102 Tamiami Trail East / Culver’s
December 11, 2025
Page 5 of 6
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the
Sabal Bay Mixed Planned Unit Developed (MPUD) south side of Tamiami Trail East Road of the Future
Land Use Map (FLUM) of the GMP. The GMP does not address individual Variance requests but
focuses on the larger issue of the actual use. The Sabal Bay MPUD is consistent with the FLUM.
Based upon the above analysis, Staff concludes that the proposed use for the subject site is consistent
with the Future Land Use Element, although the Variance request is not specifically addressed.
STAFF ANALYSIS OF SIGN VARIANCE CRITERIA UNDER LDC SECTION 5.06.08 B.1:
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures, or buildings
in the same district.
Staff recognize that the challenges faced by the landowner are due to circumstances specific to
the property and not caused by the landowner. The conditions unique to Culver’s property create
a physical obstacle that prevents the addition of a double drive-through lane, as the parking lot
and drive-through layout do not permit it. This situation does not apply to other properties in
the same district, and the requested variance would not alter the area's essential character.
Allowing two menu boards, order takers, and pickup windows within a single lane would
improve operational efficiency, handle increased customer demand, and shorten service times,
while making the drive-through experience more pleasing.
b. That literal interpretation of the provisions of the sign code would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district and would
work unnecessary and undue hardship on the applicant.
The applicant states that a strict interpretation of the sign code would unfairly restrict their
rights compared to other properties in the same zoning district, resulting in unnecessary
hardship. They assert that denying their request for dual menu boards and a tandem double
drive-thru lane at their Culver's location would hinder efficiency and customer satisfaction,
particularly during busy times. Unlike other fast-food chains like Chick-fil-A, which have
site layouts conducive to conventional double drive-thrus, Culver's configuration limits
their options. The requested adjustments aim to improve service efficiency and reduce
customer wait times. Staff agree.
c. That the special conditions and circumstances which are peculiar to the land, structure,
or building do not result from the actions of the applicant.
The applicant states that the special conditions and circumstances peculiar to the land,
structure, or building do not result from the applicant's actions. Some restaurants with limited
space, such as Culver’s, which feature a tandem drive-through that includes two
menu boards can increase capacity without expanding the drive-through’s physical
footprint. Staff concur.
d. That granting the Variance requested will not confer on the applicant any special
privilege that is denied by this sign code to other lands, structures, or buildings in the
same zoning district.
Page 363 of 466
SV-PL20250004411– 5102 Tamiami Trail East / Culver’s
December 11, 2025
Page 6 of 6
The requested variance will not grant any special privileges that are unavailable to others in
the same zoning district. Approving the request aligns with Culver’s brand standard and
national branding efforts. Denying the request would impose unnecessary hardship on the
landowner. Allowing two menu boards in a single lane will help manage queue lengths,
optimize staffing, improve operational efficiency, and enhance customer experience.
e. That the Variance granted is the minimum relief that will make possible the reasonable
use of the land, building, or structure.
The applicant is seeking a variance for an additional menu board at Culver's to improve
drive-thru operations. This variance request represents the minimum relief necessary and the
reasonable use of the property to increase efficiency and allow two cars to be served
simultaneously, improving overall throughput. Additionally, it aims to reduce wait times and
enhance staff performance. Staff concur.
f. That the granting of the Variance will be consistent with the general intent and purpose
of the Collier County Sign Code and the Growth Management Plan, and will not be
injurious to adjacent properties or otherwise detrimental to the public welfare.
The requested variance aligns with the Collier County Sign Code and Growth Management
Plan, ensuring it won't negatively affect neighboring properties or public welfare. It
represents a minor adjustment that supports effective communication while maintaining
safety and efficiency. The variance will not hinder community health or property rights,
and it won't obstruct light or air access for nearby properties. Additionally, it is expected to
improve operational efficiency and reduce wait times at the drive-thru lane, benefiting the
community overall.
CONCURRENT LAND USE APPLICATIONS:
There are no concurrent land use applications under review at present.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner render a Decision to approve Petition SV-
PL20250004411 to deviate from LDC Sections 5.06.04.F.5 by allowing an additional menu board at
the subject location.
Attachments:
A. Sign Plan
B. Sabal Bay MPUD, Ordinance No. 05-59
C. Applicant’s Application and Backup Materials
D. Legal Ad and HEX Sign Posting
Page 364 of 466
PROPOSED DRIVETHRU CANOPY(DTC-2)PROPOSED DIGITALMENU BOARD(MB-DT-46)EXISTING CANOPYAND MENU BOARDTO REMAINTAMIAMI TRAIL E.1 OF 1SCALE 1" = 40'CLHDrawn By:
MWReviewed By:
Date: 9-26-25
DRIVE THROUGH/MENU BOARD
LAYOUT
CULVER FRANCHISING SYSTEM, INC.Client:
Culver Franchising System, Inc.
540 Water Street
Prairie du Sac, WI 53578
p (608) 643-7980
LOCATION:
Sheet Number:
Project No.: 55566
NAPLES, FL.
SPRINGFIELD SIGN
4825 E. Kearney St.
Springfield, MO 65803
(417) 862-2454N67.19'49.71'74.88'37.13'2
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'38.13'21.75'16.5'40.93'42.92'31.18'9'-10 38"6'
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16"Existing & Proposed Menu Board Page 365 of 466
ORDINANCE NO 05 59
AN ORDINANCE OF THE BOARD OF COUNT
COMMiSSIONERS AMENDING ORDINANCE NUMBER
200441 AS AMENDED THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES TE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY
FLORIDA BY AMENDING THE APPROPRIATE ZONIŁF
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM THE PLANNED UNIT DEVELOPMENT
PUD ZONING DISTRICT AND AGRICULTURAL A
ZONING DISTRICT A PORTION OF WHICH HAS AN
AGRICULTURAL SPECIAL TREATMENT OVERLAY TO
THE MIXED USE PLANNED UNIT DEVELOPMENT
MPUD ZONING DISTRICT FOR A PROJECT TO BE
KNOWN AS THE SABAL BAY MPUD THE PROPOSED
PROJECT WILL INCLUDE A RESIDENTIAL COMPONENT
CONSISTING OF A MAXIMUM OF 1 999 VARIED
HOUSING TYPE UNITS AND GOLF COURSE
COMMERCIAL USES RECREA TIONNILLAGE CENTER
USES AND PUBLIC FACILITY USES PRESERVE AREAS
AND RIGHTSOFWAY THE SUBJECT PROPERTY IS
LOCATED SOUTH OF THOMASSON DRIVE SOUTH AND
WEST OF US 41 NORTH AND WEST OF THE
WENTWORTH PUD AND EAST OF THE NAPLES BAY
INTERCOASTAL WATERWAY IN SECTIONS 23 24 25 26
AND 36 TOWNSHIP 50 SOUTH RANGE 25 EAST AND
SECTION 19 TOWNSHIP 50 SOUTH RANGE 26 EAST
COLLIER COUNTY FLORIDA CONSISTING OF 241608
ACRES THIS ORDINANCE ALSO IS PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 8677 THE CDC PUD
AND BY PROVIDING AN EFFECTIVE DATE
1
1
WHEREAS Robert Mulhere of RW A Inc and Richard D Y ovanovich of Goodlette
Coleman and Johnson PA representing WCI Communities Inc and CDC Land Investments
Inc in Petition Number PUDZA2004AR6126petitioned 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 Sections 23 24
2526 and 36 Township 50 South Range 25 East and Section 19 Township 50 South Range
26 East Collier County Florida is changed from the Planned Unit Development PUD Zoning
District and Agricultural A Zoning District a portion of which has an agricultural special
treatment overlay to a Mixed Use Planned Unit Development MPUD Zoning District in
accordance with the PUD Document attached hereto as Exhibit A which is incorporated
herein and by reference made part hereof The appropriate Zoning Atlas Map or Maps as
Page I of2
Page 366 of 466
described in Ordinance Number 200441 as amended the Collier County Land Development
Code isare hereby amended accordingly
SECTION TWO
Ordinance Number 8677 known as the CDC PUD adopted on November 10 1986 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 supermajority vote of the Board of CountyJICommissionersofCollierCountyFloridathisdayofLVInittI2005
ATTEST
DWIGHT E BROCK CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
J
BY WFREDWCOYLECHAIR
¯prpyed as tQ Form and
Lega Sufficiency
Marjo e M StudentStirling
Assistant County Attorney
PUDZA2004AR6126Sabal Bay PUDKDsp
This ordinance fjed with theSfetoryofStatesOfficetheCTdayofJIJOC6ondaCknwledgethatflngreceIvedthidayOMV5ByQ
lit
Page 2 of2
Page 367 of 466
ØO tW ARNOLD
SabalBay
A
MIXEDUSE PLANNED UNIT DEVELOPMENT
241608 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
WCI Communities Inc and Collier Development Corporation
PREPARED BY
Robert J Mulhere AICP
RWA Inc
6610 Willow Park Drive
Suite 200
Naples FL 34109
And
Richard D Y ovanovich
Goodlette Coleman Johnson PA
4001 Tamiami Trail North Suite 300
Naples FL 34103
EXHIBIT A
DA TE REVIEWED BY CCPC
DATE REVIEWED BY BCC November IS 20
ORDINANCE NUMBER 200559
AMENDMENT ANDOR REPEAL Repeals 8677
Page 368 of 466
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE 11
SECTION I LEGAL DESCRIPTION PROPERTY OWNERSHIP 11
GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 21
SECTION III RESIDENTIALGOLF RIG 31
SECTION IV RECREATIONNILLAGE CENTER RECNC 41
SECTION V COMMERCIALOFFICE CO 51
SECTION VI PRESERVE P 61
SECTION VII PUBLIC FACILITIES PF 71
SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 81
EXHIBIT A MPUD MASTER PLAN
EXHIBIT B LEGAL DESCRIPTION
EXHIBIT C SCHEDULE OF DEVIATIONS
APPENDIX A BALD EAGLE MANAGEMENT PLAN
Page 369 of 466
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the applicants WCI Communities IncWCIandCDCLandInvestmentsInchereinafterreferredtocollectivelyasthedeveloperto
create a MixedUse Planned Unit Development MPUD on 241608 acres ofland located in
Sections 23 24 25 26 and 36 Township 50 South Range 25 East and Section 19 Township50SouthRange26EastCollierCountyFloridaThenameofthisMPUDshallbeSabalBayThedevelopmentofSabalBaywillbeincompliancewiththeplanninggoalsandobjectivesofCollierCountyassetforthintheGrowthManagementPlanGMPThedevelopmentwillbe
consistent with the GMP goals objectives and policies and with the Collier County LandDevelopmentCodeLDCandotherapplicableregulationsforthefollowingreasons
1 The subject property is within the Urban Coastal Fringe SubDistrict as identified on the
Future Land Use Map of the Future Land Use Element FLUE The purpose of the UrbanCoastalFringeSubDistrictistoprovideforavarietyofresidentialandmixedusedevelopmentssuchasPlannedUnitDevelopments
a The proposed residential density of Sabal Bay is 126 dwelling units DUs per acre1999units1585acreswhichexcludesthe3100acreeducationalfacility100acreEast
Naples Fire Control and Rescue District site 7501 acres of commercial uses 1240 acres of
platted rightofway and 71167 acres of tidal wetlands This density is consistent with the
maximum density permitted by the FLUE Density Rating System and is therefore consistent
with FLUE Policy 51 The base density allowed by the FLUE for the entire subjectpropertyisfour4DUsperacreDuetotheprojectslocationwithintheTrafficCongestionZoneone1dwellingunitissubtractedITomthebasedensitypermittinga
maximum density of three 3 dwelling units per acre
b The maximum combined density and intensity within this PUD shall not exceed theDevelopmentofRegionalImpactDRIthresholdsformixedusedevelopmentsestablishedforCollierCountyonthedateofadoptionofthisPUDSpecificallythisPUDislimitedto
a maximum of onehundred and sixty percent 160 of any combination of the individualDRthresholdsforthreeormoreusesincludingresidentialofficeretailandhotelusesandnosingleuseexceedsonehundredpercent100oftheDRthresholdforthatuse
Further in no case shall commercial uses inclusive of the existing 87038 square feet ofexistingcommercialdevelopmentexceedthefollowing250hotelrooms200000squarefeetofretailand60000squarefeetofoffice
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
ii
Page 370 of 466
d Commercial uses within the RecreationNillage Center District are consistent with FLUEfap11whichidentifiesexistingzoningconsistentwiththeFLUEbyPolicies59510511and512MoreovertheareaandallowableuseswithintheRecreationNillageCenterDistrictareconsistentwiththeprovisionssetforthinPolicy51
3 The Sabal Bay MPUD is compatible with and complementary to existing and futuresurroundinglandusesasrequiredinPolicy54oftheFLUE
4 Improvements are planned to be in compliance with the LDC as set forth in Objective 3 oftheFLUE
5 The development of the Sabal Bay MPUD will result in an efficient and economicalextensionofcommunityfacilitiesandservicesasrequiredinPolicy31oftheFLUE
6 The Sabal Bay MPUD is planned to incorporate natural systems for water management inaccordancewiththeirnaturalfunctionsandcapabilitiesasmayberequiredbyObjective15oftheDrainageSubElementofthePublicFacilitiesElement
7 All final local development orders for this project are subject to the Collier CountyAdequatePublicFacilitiesOrdinanceChapter6andChapter10oftheLDCTransportationconcurrencyispartiallyvestedinthattheDeveloperisentitledtoaCertificateofAdequatePublicFacilitiesfortransportationconcurrencyfor1766dwellingunitsuponcompliancewiththeprovisionssetforthintheStandardFormCollierCountyContributionAgreementforRoadImpactFeeCreditsdatedOctober222002betweenCollierLandDevelopmentIncCollierDevelopmentCorporationandtheBoardofCountyCommissioners
8 By virtue of compliance with the provisions of Chapter 6 of the LDC the project willalsoimplementandfurtherObjective20oftheFLUEObjective12oftheSanitarySewerSubElementandObjective15oftheRecreationandOpenSpaceElement
9 The native vegetation provisions of the Sabal Bay MPUD implement Policy 611 of theConservationCoastalManagementElementinthatnativepreserveswillbeincorporatedintotheprojectdesign
10 The developments commitment regarding the Lely Area Stormwater ImprovementProjectSection86EofthisDocumentisconsistentwithandfurthersPolicy134oftheDrainageSubelementofthePublicFacilitiesElementinthatitimprovestheexistingLelyCanaldrainagefacility
ii
Page 371 of 466
SHORT TITLE
ordinance shall be known and cited as the SABAL BAY PUD MIXEDUSE PLANNED
T DEVELOPMENT ORDINANCE
IV
Page 372 of 466
SECTION I
LEGAL DESCRIPTION PROPERTY OWNERSHIP AND GENERAL DESCRIPTION
11 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the SabalBayMPUDandtodescribetheexistingconditionsofthepropertyproposedtobedeveloped
12 LEGAL DESCRIPTION
The subject property referred to within this Document as project site and project areaiscomprisedof241608acresandlocatedwithinSections23242526and36
Township 50 South Range 25 East and Section 19 Township 50 South Range 26 EastCollierCountyFloridaandislegallydescribedas
See Exhibit B
13 GENERAL DESCRIPTION OF PROPERTY
A The subject property is located in Sections 23 24 25 26 and 36 Township 50SouthRange25EastandSection19Township50SouthRange26EastCollierCountyFloridaThepropertyisgenerallylocatedsouthofThomassonDrivesouth
and west of US 41 north and west of the Wentworth PUD and east of the NaplesBayIntercoastalWaterwayinthewesternportionofCollierCounty
B The zoning classification of the subject property at the time of the MPUDapplicationisPUDAAgricultureandASTAgricultureSpecialTreatment
Overlay
C Elevations within the subject property are approximately 8 to 11 feet above MSL
Per FEMA Firm Map Panel No 1200670 581 F 1200670582 F 1200670 583 E1200670584Eand1200670605EdatedAugust31992theSabalBaypropertyislocatedwithinAE811oftheFEMAfloodinsuranceratemap
D A large portion of the subject property contains native vegetation habitats ofvaryingqualityThepropertyalsocontainsasignificantamountofjurisdictionalwetlandsAnEnvironmentalImpactStatementEIShasbeensubmittedpursuanttoSubsection100202AoftheLDCandprovisionsforonsitepreservationofhigherqualitywetlandsinterspersedwithuplandsareincorporatedintothedesignoftheconceptualmasterplanandoverallwatermanagementsystemTheSabalBayMPUDcontainsawidevarietyofvegetativecommunitiesinventoriedandmappedintheEISThesitehasbeendesignedtoprovideforonsiteprotectionofhabitatforlistedspecies
11
mn rpq1 ot
Page 373 of 466
E The soil types on the subject property include a variety of hydric and nonhydricsoilslistedinEIS
F The subject property is located within the Collier County Water ManagementDistrictHendersonCreekWatershed
G A portion of the subject property is located within the City of Naples Water ServiceDistrict
H The subject property is partially developed pursuant to the January 7 2002
Preliminary Development Agreement PDA with the State of FloridasDepartmentofCommunityAffairstoallowdevelopmenton83acresofthepropertywithin
Collier County
DENSITY
A A maximum of 1999 residential dwelling units may be constructed in the total
project area The gross project area excluding commercialoffice codevelopmentVillageCommercialRECVCtidalwetlandsandplattedrightsofwayisapproximately1585acresThegrossprojectdensityshallbea
maximum of 126 dwelling units per acre
2
Page 374 of 466
SECTION II
PROJECT DEVELOPMENT
21 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
22 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A The Sabal Bay MPUD will be a mixeduse planned unit development The MPUD
will incorporate residential golf commercial recreational and preserve land uses
The northeastern portion of the property along US 41 is located within ActivityCenter17andshallallowforcommercialofficeusesTherecurrentlyexists
87038 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 ITom East Tamiami Trail US 41 Thomasson DriveandBayshoreDrive
The project will be served with centrally provided potable water sanitary sewerelectricpowerandtelephoneAdditionalservicesshallbeprovidedasdeemed
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 individualresidentialcommercialrecreationalareaswatermanagementfeaturesandtract
development areas shall be detennined at the time of site development plan SDPandorsubdivisionplatapproval
23 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 SDPexcavationpermitandpreliminaryworkauthorizationWheretheseMPUD
regulations fail to provide developmental standards then the provisions of the
most similar district in the LDC shall apply
21
Page 375 of 466
B Unless otherwise defined herein or as necessarily implied by context thedefinitionsofalltermsshallbethesameasthedefinitionssetforthintheLDCin
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 60200 and Section 100207 of the
LDC At this time 1766 residential units are vested for transportation concurrencypursuanttothetermsoftheStandardFormCollierCountyContributionAgreementforRoadImpactFeeCreditsdatedOctober222002betweenCollierLand
Development Inc Collier Development Corporation and the Board of CountyCommissionersInaddition87038squarefeetofcommercialdevelopmentexists
within the MPUD boundary
D Unless modified waived or excepted by this MPUD or by subsequent request theprovisionsofothersectionsoftheLDCremainineffectwithrespecttothe
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 bedeveloped
F The Subdivisions Division of the LDC Section 100204 and Appendix B shall
apply to the Sabal Bay MPUD except where an exemption or substitution is setforthhereinorotherwisegrantedpursuanttoSubsection100202BtheLDC
G The Site Development Plans Section of the LDC 100203 shall apply to the SabalBayMPUDexceptwhereanexemptionissetforthhereinorotherwisegrantedpursuanttoSubsection1O0203BoftheLDC
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 anyplattedtractorphaseofaplattedtractshallbecarriedoutthroughoutthedevelopmentofthattractorphase
I Regardless of the ultimate mix of uses in no case shall this MPUD exceed DRthresholdsforamixeduseproject100percentforaspecificuseand160percentof
any combination of three or more uses as they exist on the date the MPUD isapprovedTheprojectshallbemonitoredthroughthePUDmonitoringprocesson
an annual basis and during SDP andor subdivision plat review process as may beapplicable
22
Page 376 of 466
24 ROADWAYS
A Roadways within the Sabal Bay MPUD shall be privately owned and maintainedexceptforThomassonandXericDrivewhichwillbepublicroadsStandardsfor
roads shall be in compliance with the applicable provisions of the LDC regulatingsubdivisionsunlessotherwisemodifiedwaivedorexceptedbythisMPUDor
approved during subdivision plat approval The developer reserves the right to
request substitutions to design standards in accordance with Subsection
1O0204A3 of the LDC The developer retains the right to establish gatesguardhousesandotheraccesscontrolsasmaybedeemedappropriatebythe
developer 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 RightofWay Width At the discretion of the developer the
minimum rightofway width to be utilized for local streets and culdesacs
may be fifty feet 50 a deviation from LDC Subsection 606010 that
requires rightsof way for local roads to be at least sixty feet 60 Drive
aisles serving multifamily tracts shall not be required to meet this
standard
b Deadend Streets Culdesacs may exceed a length of one thousand feet1000adeviationfromLDCSubsection606011thatlimitsculdesacs
to 1000 feet
c Reverse Curves Tangents between reverse curves are not required for anylocalstreetdesigninthisMPUDAdeviationfromSectionIIIExhibit
A Design Requirements for Subdivisions C13jof the AdministrativeCodeforCollierCountyConstructionStandardsManualadoptedthroughOrdinanceNo200466
25 SIDEWALKSBIKEPATHS BIKE LANES
A Sidewalks All roads other than local roads shall have a six foot 6 wide sidewalk
on both sides of the street as illustrated on Exhibit A or a minimum ten foot 10widepathwayononesideofthestreetwhichmaymeanderinandoutoftherightofway
B Bike lanes shall be provided on both sides of collector and arterial streets
C Pursuant to Chapter 60602 of the LDC sidewalkslbike paths shall be permittedasfollows
23
Page 377 of 466
I An internal pedestrian walkway system is permitted within drainageeasementsWheresuchapedestriansystemisprovidednosidewalkshallberequiredadjacenttotherightofwayservingtheadjacentresidentialtract
2 Sidewalks may be located outside platted rightsofway when locatedwithinaseparatesidewalkeasement
3 Sidewalks may be located within landscape buffers andor easementshoweverthelandscapebuffershallbeincreasedinwidthbyanamountequaltotheencroachmentatthepointofencroachment
26 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Section 22122aof the Collier County Code ofLawsandOrdinancesmaybereducedsubjecttotheprovisionsestablishedinSection22l22aoftheCollierCountyCodeofLawsandOrdinancesAlllakesgreaterthantwo2acresmaybeexcavatedtothemaximumcommercialexcavationdepthssetforthinSection22I22cofCollierCountyCodeofLawsandOrdinancesandsubjecttopermitapprovalITomtheSouthFloridaWaterManagementDistrictRemovaloffillandrockITomtheSabalBayMPUDshallbeadministrativelypennittedtoanamountuptoten10percentperlake20000cubicyardsmaximumunlesstheprojectisissuedacommercialexcavationpennit
27 FILL STORAGE
Fill storage is generally allowed throughout the Sabal Bay MPUD Fill may be transportedandstockpiledwithinareasthathavebeendisturbedfarmedPriortostockpilingintheselocationsthedevelopershallnotifytheCommunityDevelopmentandEnvironmentalServicesAdministratorandshalldemonstratecompliancewiththefollowingstandards
I Stockpile maximum slope 2 1
2 Stockpile maximum height Thirty Feet 303Fillstorageinexcessofsixfeet6inheight shall be located no closer thanonehundredfeet100ITomanyexistingresidentialunitorresidentialunitunderconstructionThisexcludesfillstorageareasassociatedwiththeLelyAreaSurfaceDrainageImprovementsProject4SoilerosioncontrolshallbeprovidedinaccordanceSubsection100202CoftheLDC
5 Stockpiles with side slopes greater than 4 1 shall be fenced with childprooffencing
24
101
Page 378 of 466
28 USE OF RIGHTSOFWAY
Utilization of lands within all project rightsofway for landscaping decorative
entranceways and signage shall be allowed subject to review and administrative approvalbytheCollierCountyEngineeringDirectorforengineeringandsafetyconsiderationsduringthedevelopmentreviewprocessandpriortoanyinstallations
29 MODEL HOMESSALES CENTERSSALES OFFICES
CONSTRUCTION OFFICES
A Models salesrental centers and other uses and structures related to the promotionandsaleresaleandorrentalofrealestateandorgolfsportsmembershipssuchasbutnotlimitedtopavilionsviewingplatfonnsgazebostentsparkingareasand
signs shall be permitted principal uses throughout the Sabal Bay MPUD subject totherequirementsofChapters405004060050600and50404oftheLDCSuch
temporary use permits shall be valid through the life of the project with no extension
of the temporary use pennit required
B Temporary use pennits for sales centers and model homes may be approvedsubsequenttozoningapprovalTemporaryusepermitapplicationsandwhererequiredassociatedSDPorsiteimprovementplanSIPapplicationsforresidentialmodelsshallbesubmittedandapprovedpursuanttoChapters405004060050600and50404oftheLDCwithapplicationsforthesubdivisionplatThelocationofthemodelunitswithinafutureplattedlotshallbedepictedonthe
SDP or SIP as the case may be All model units shall be located on lots that will beplattedthroughsubsequentdevelopmentorderapprovalsandshallcomplywithalldevelopmentstandardsapplicabletosaidlots
C Temporary uses for sales centers may be serviced by temporary well and septicsystems
D A portion no more than 13 of the gross floor area of the clubhouse facilities maybeusedasatemporarysalesfacilitytobeutilizedtomarketresidentialproductsincludingtheresaleofresidenceswithintheboundariesoftheSabalBayMPUDandorgolfandsportsclubmembershipsTheuseofaportionoftheclubhouseasa
temporary sales facility shall cease when the project is released to the control of thehomeownersassociation
210 CHANGES AND AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTERPLAN
Changes and amendments may be made to this MPUD Ordinance MPUD Master Plan asprovidedinLDCSubsection100213EMinorchangesandrefmementsasdescribedinSection83CofthisDocumentmaybemadebythedeveloperinconnectionwithanytypeofdevelopmentorpermitapplicationrequiredbytheLDC
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211 COMMON AREA MAINTENANCE
Common area maintenance shall be provided by a Community Development DistrictCDDestablishedpursuanttoChapter190FloridaStatutesorbyapropertyowners
association For those areas not maintained by a CDD the developer will create a propertyownersassociationorassociationswhosefunctionsshallincludeprovisionsforthe
perpetual maintenance of common facilities and open spaces The CDD or the propertyownersassociationasapplicableshallberesponsiblefortheoperationmaintenanceand
management of the surface water and stormwater management systems
212 LANDSCAPE BUFFERS BERMS FENCES AND WALLS
Landscape buffers berms fences and walls are generally permitted as a principal usethroughouttheSabalBayMPUDThefollowingstandardsshallapply
A Landscape berms shall have the following maximum side slopes
1 Grassed berms 41
2 Ground covered berms
a Perimeter 3 I
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 riprap11
4 Structural walled berms vertical
B Fence or wall maximum height
I Perimeter fences or walls shall be permitted at a height of eight feet 8 as
measured ITom the finished grade of the ground at the base of the fence or
wall This constitutes a deviation ITom Subsection 50302B of the LDCallowingwallheighttobemeasuredITomfinishedgraderatherthan
existing grade of the ground at the base of the wall For the purpose of thisprovisionfinishedgradeshallbeconsiderednogreaterthan18inchesabovethecrownelevationofthenearestexistingroadIfthefenceorwallis
constructed on a perimeter landscape berm the berm and wall incombinationshallnotbehigherthan8feetITomthefinishedgrade
2 All other fences or walls shall not exceed a height of six feet 6 as
measured ITom the finished floor elevation of the nearest residential
structure Fences or walls constructed on a landscaped berm shall not exceed
a height of six feet 6 as measured ITom the top of the berm and thecombinationofbermandfenceshallnotexceedeightfeet8asmeasuredITomexistinggrade
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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 heightlimitationsforprincipalresidentialstructuresnottoexceed35feet
C Pedestrian sidewalks andor bike paths and utilities may be allowed in landscapebuffersWheresuchstructuresorfeaturesarelocatedintherequiredlandscapebufferthelandscapebuffershallbeincreasedinwidthequaltotheencroachmentinthatlocationasrequiredinChapter40602oftheLDCWatermanagementsystemsanddrainagestructuresshallbepermittedwithinarequiredbufferasprovidedinSubsection40602D4oftheLDC
213 DESIGN GUIDELINES AND STANDARDS
A The Collier County Planned Unit Development District is intended to encourageingenuityinnovationandimaginationintheplanningdesignanddevelopmentor
redevelopment of relatively large tracts of land under unified ownership or controlassetforthinPolicy56oftheFLUEoftheCollierCountyGMP
B The Sabal Bay MPUD is a planned community and shall be developed underunifiedcontrolThedeveloperwillestablishdesignguidelinesandstandardsto
ensure a high and consistent level of quality for residential units and relatedcommunityfeaturesandfacilitiessuchaslandscapeshardscapeswaterscapessignagelightingpedestriansystemsbicyclepathspavementtreatmentsroadwaymediansfenceswallsbuffersbermsandothersimilarfacilities
214 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Sabal Bay MPUDexceptinthePreserveAreaGeneralpermittedusesarethoseuseswhichgenerallyservethedeveloperandresidentsoftheSabalBayMPUDandaretypicallypartofthecommoninfrastructureorareconsideredcommunityfacilities
A General Permitted Uses
I 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 banktreatments
5 Guardhouses gatehouses and access control structures
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6 Community and neighborhood parks recreational facilities
7 Temporary construction sales and administrative offices for the developer anddevelopersauthorizedcontractorsandconsultantsincludingnecessaryaccesswaysparkingareasandrelateduses
8 Landscape features including but not limited to landscape buffers benns fencesandwallssubjecttothestandardssetforthinSection212ofthisDocument
Development Standards
Unless otherwise set forth in this Document the following development standardsshallapplytostructures
I Setback from back of curb or edge of pavement of any road Twelve feet12exceptforguardhousesgatehousesandaccesscontrolstructureswhichshallhavenorequiredsetback
2 Setback from MPUD boundary See Table I Section III DevelopmentStandards
3 Minimum distance between unrelated structures Ten feet 10
4 Maximum height of structures See Table I Section III DevelopmentStandards
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 suchstandardsarenotspecifiedhereinaretobeinaccordancewithLDCineffectatthetimeofSDPapproval
215 OPEN SPACE REQUIREMENTS
The Collier County LDC requires that mixeduse residential projects maintain open space ataminimumof30oftheentireMPUDTheMPUDMasterPlanidentifiespreserveslakesrecreationtractsincludinggolfcourseareaandbuffersasopenspacesTheseareasinconjunctionwithopenspaceareasincludedwithintheresidentialareaswillsatisfythe30openspacerequirementsofSubsection4020IBoftheLDCformixedusedevelopments
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216 NATIVE VEGETATION RETENTION REQillREMENTS
Pursuant to Policy 6l10ftheConservation and Coastal Management Element of theCollierCountyGMPandSection30507oftheCollierCountyLDCaminimumof55952acres25ofthe223807acresofnativevegetationonsiteisrequiredtoberetainedorreplantedForthepurposesofthisMPUDthePreserveTractswhichequal56125624acresofthe223807acresofnativevegetationoccurringonsitewillfullysatisfythenativevegetationrequirementsofCollierCounty
Of the 241608 acres on the project site l780l acres are not considered habitats withnativevegetationpresentThosehabitatsnotincludedasnativevegetationhabitatsincludecommercialusesopenwaterclearedlandsandagriculturallandsOftheremaininghabitattypesexoticplantspeciescoveragewasnotevaluatedaccordingto
canopy coverage alone therefore these habitats are not excluded from the native
vegetation preservation requirement pursuant to Policy 611 of the Conservation andCoastalManagementElementoftheGMPSincetheonsitepreservewillexceedtheGMPrequirementtheapplicanthaselectednottofurtherevaluatenativehabitatsonsite
to exclude them from this requirement
217 SIGNAGE
A GENERAL
All signs shall be in accordance with Section 50600 of the LDC except in the followinginstances
I 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 feeteachandshallnotexceedaheightof6feetasmeasuredfromfinishedgradeThesesignsshallnotcontainmorethantheprojectnameofthe
individual tract the main project name or any major use the insignia or
motto of the project and the developersname and logo Said signs shall
be located so that they are visible only internal to the Sabal Bay MPUDThisconstitutesadeviationfromSubsection50604A6boftheLDCwhichlimitssuchsignsto64squarefeet
2 Two ground signs are permitted for each project entrance on US 41ThomassonDriveandBayshoreDriveandshallbeallowedinadditionto
other signage allowed by Section 50600 of the LDC Each of these
permitted signs shall be limited to 120 square feet in area and shall onlycontainthenameoftheprojectoranymajoruseinsigniaormottoofthe
entire development and the developers name and logo and shall be
architecturally compatible with the landscape buffer along the projectboundariesandthecommonarchitecturalthemeoftheentireprojectThis
constitutes a deviation from LDC Section 50605 which limits such signsto64squarefeet
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3 Boundary marker monuments containing project identification signsdesignedtoidentifytheprojectoranymajorusewithintheprojectshall
be pennitted in locations depicted on the MPUD Master Plan ExhibitAThesignfaceareaforsuchboundarymarkersshallnotexceed64
square feet in area and shall not exceed the height or length of the
monument on which it is located If the sign is twosided 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
developersname and logo
4 In the case of commercial development within the RECNC DistrictwhichisinternalizedwithintheMPUDandinconsiderationofmixeduseandorneotraditionaldevelopmentsignagemayvaryfromthe
requirements of Chapter 50600 ofthe 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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SECTION III
RESIDENTIALGOLF
31 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 RIGResidentiaVGol
32 MAXIMUM DWELLING UNITS
A maximum of 1999 approved residential dwelling units may be constructed on landsdesignatedRIGResidentialontheMPUDMasterPlanForpurposesofprojectdensity4ALFunitsshallconstitute1golfresidentialdwellingunitHoweverthemaximumdensityontractRlG8islimitedto390dwellingunits
33 GENERAL DESCRIPTION
Areas designated as RIG ResidentiaVGolf on the Master Plan are designed toaccommodateafullrangeofresidentialdwellingtypesgeneralpermittedusesasdescribedbySection214ofthisDocumentafullrangeofrecreationalfacilitiesessentialservicesandcustomaryaccessoryuses
The approximate acreage of the area designated as RIG ResidentialGolf is indicated ontheMPUDMasterPlanThisacreageisbasedonconceptualdesignsandisapproximateActualacreagesofalldevelopmenttractswillbeprovidedatthetimeofSDPorsubdivisionplatapprovalsinaccordancewithSections100203and100204oftheLDCResidentiaVGolftractsaredesignedtoaccommodateinternalroadwaysopenspacesgolfcourseusesandothersimilarusesfoundinresidentialareas
34 PERMITTED USES AND STRUCTURES
No building or structure or part thereof shall be erected altered or used or land used inwholeorpartforotherthanthefollowing
A Principal Uses
I Single family attached and detached dwellings townhomes
2 Single family and zero lot line dwellings
3 Twofamily and duplex dwellings
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4 Multifamily dwellings including midrise coach home and garden
apartments Multifamily buildings are limited to a maximum buildingheightof50feetmeasuredassetforthintheLDCSection10802
Definitions building zoned height of except that within tract RG4
depicted on Exhibit A multifamily buildings shall be pennitted up to a
height of 10 residential floors over parking not to exceed a zoned height of
150 feet and an actual height of 165 feet
5 Timeshares
6 Model homes and model home centers including offices for projectadministrationconstructionsalesandmarketing
7 Assisted living facilities ALF with ancillary medical uses and personalservicesforresidentsandtheirguestsincludingbutnotlimitedtobeautysalonbankpharmacyandconveniencestorearepermittedasancillaryuses
Such ancillary medical or personal service uses shall only be accessed from
inside the ALF No external signage or advertising is permitted in supportoftheseancillarymedicalorpersonalserviceusesAsancillaryusesnot
intended for utilization by the general public such ancillary medical or
personal service uses shall be limited in size and intensity to an amount
detennined to be necessary to serve the residents of the ALF their guests
and the facility employees
8 Golf course and golf course related facilities except within tract RlG8
9 Recreational facilities such as parks playgrounds and pedestrianbikeways
B Accessory Uses and Structures
1 Accessory uses and structures customarily associated with principal uses
pennitted in this District including swimming pools spas and screen
enclosures recreational facilities designed to serve the development and
provide essential services
2 Community and golf course related recreational facilities and structures
including clubhouses health and fitness facilities restaurants cocktail
lounges proshops driving ranges pools meeting rooms communitybuildingsplaygroundsplayfieldstenniscourtsandsimilarusesintendedto
exclusively serve community residents and their guests
3 Community and golf course related maintenance facilities water
management facilities and utility and maintenance structures and staff
offices
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35 DEVELOPMENT STANDARDS
A Table I sets forth the development standards for land uses within the Sabal BayMPUDResidentiaVGolfAreaStandardsnotspecifiedhereinshallbethosespecifiedinChapter5oftheLDCineffectasofthedateofadoptionofthisMPUD
Ordinance
B The following standards shall be applicable to the proposed ALF use Standards notspecifiedhereinshallbethosespecifiedinSection50504oftheLDCineffectasofthedateofadoptionofthisMPUDOrdinance
I Minimum Lot Size 1 acre
2 Minimum Yard Requirements
i Front 25 feet
ii Side 15 feet except no setback shall be required fom any lake
easement
iii Rear 25 feet except that no setback shall be required fom any lake
easement
3 Floor Area Ratio 045 FAR
4 Maximum height 3stories over one level of parking not to exceed a zonedheightof50feet
C Site development standards for single family zero lot line twofamily duplexsinglefamilyattachedandtownhomeusesapplytoindividualresidentiallotboundariesMultifamilystandardsapplytoplattedparcelboundariesunlessotherwisespecified
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 ofSDPapprovalUnlessotherwiseindicatedrequiredyardsheightsandfloorareastandardsapplytoprincipalstructures
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TABLE I SABAL BAY MPUDDEVELOPMENT STANDARDS FOR RG RESIDENTIALGOLF AREASETBACKSINGLEZEROTWOSINGLEMULTIFAMILYICLUBHOUSEALFsFAMILYLOTLINEFAMILYIFAMILYTIMESHARERECREATIONDETACHEDDUPLEXATTACHEDDWELLINGSBUILDINGS
TOWNHOMEPRINCIPAL
STRUCTURESJOII
Minimum Lot Area 5000SF 4000SF 3500SF 3500SF NA Per Section
per lot or 35B
unit 10000 SFMinimumLotWidth2403535perlot20NA NA
or unit NA
15 15 15 15 15 or5 BH Per Section
whichever is greater 35 B
notto exceed 50 feet
and a minimum of75
feet om the POOFrontYardSetback6perimeterboundary 20FrontYardforSide
NAEntryGarage1010101015or5BH
whichever is greater
not to exceed 50 feet
and a minimum of75
feet ITom the POO
perimeter boundary NA
15 or5 BH
whichever is greater
notto exceed 50 feet
and a minimum of75
feet ITom the POORearYard10101010perimeterboundary 15SideYard60or630or60or60315or5CofBH Per Section
whichever is greater 35 B
not to exceed 50 feet
and a minimum of75
feet om the POO
perimeter boundary 4 10FromGolfCourse000000 0FromPreserveI25252525252525
50 above FEMA Per SectionMaximumHeightS35353535elevation575535BFloorAreaMinimum1200SF1200SF1200SF1200SF700SFNASF
NAMinimumDistance
15 or5 SBH 15 or 5Between15or5SBHSBHPrincipalStructures412121212whicheverisgreater49whicheveriswhicheverisgreater4greater4ACCESSORY
STRUCTVRES10II
Front SPS SPS SPS SPS SPS SPS SPSSideSPSSPSSPSSPSSPSSPSSPSRear555551010FromPreserveI10101010101010MinimumDistance
0 or 10BetweenAccessory
Structures on same lot 0 or 10 0 or 10 0 orlO 0 or 10 0 or 104 0 or 104MinimumDistance
0 or 10BetweenAccessory
and Principle
Structures on same lot 0 or 10 0 or 10 0 or1O 0 or 10 0 or 104 0 or 104MaximumHeightSPSSPSSPSSPS50SPS 50
34
GCurrcntDcsclcmPUDRczonesSabaJ Bay PLrnZA1004AR6126PUDdocumcntsSabal Bay MPUD 11905doc 1192005
Page 388 of 466
BH Building Height measured as defined in LDC Section 10802Definitions building zoned height ofSBHSumofBuildingHeightsCombinedheightoftwoadjacentbuildingsforthepurposeofdetermining setback requirementsSPSSameasPrincipalStructure
Front yards shall be measured as follows Ifthe parcel is served by a public or private rightofwaysetback is measured fiom the adjacent rightofwaylineISetbackfiomlakeeasementsforallaccessoryusesandstructuresmaybe0feetSetbackfiompreserveareasshallbe25feetforprincipals1ructuresand 10 feetforaccessorystructuresorasmayotherwisebepermittedinaccordancewiththeapplicableprovisionssetforthinLDCSection305072MinimumlotwidthforculdesacJotsconsistentwiththemeasurementstandardsestablishedintheLDC
3 Zero feet 0 Where the zero foot 0yard option is utilized the opposite side of the structure or attached structures shall have a twelve foot 12 side yardWherezerolotlinedevelopmentisproposedaconceptualsiteplanshallbesubmittedwiththeapplicationforfinalsubdivisionplatapprovalTheconceptualsiteplanshalldepicttheproposedlocationofdwellingunitsandtherequiredsetbacks
4 Distance between principal and accessory structures for multifamily development Where common architectural themes are utilized for a commondevelopmenttractdistancesbetweenprincipalstructuresmaybereducedsubjecttoFireDistrictapprovalatthetimeofsiteplanreviewInnocaseshallthedistancebetweenprincipalstructuresbelessthan10feetor25SBHwhicheverisgreaterAcommonarchitecturalthemeshallbedemonstratedduringSDPreviewthroughsubmittalofdrawingsandrenderingsdepictingcommonsignagecommonentrydesignfeaturescommonlandscapeandlandscapefeaturesandcommonarchitecturalbuildingdesignfeatures
5 Building height is measured as set forth in LDC Section 10802Definitions building zoned height of Midrisestructures within Tracts RG4 as depictedontheMPUDMasterPlanExhibitAshallhaveamaximumheightofJOresidentialfloorsoverparkingnottoexceed150feetofzonedheightasmeasuredpursuanttoLDCSection10802DefinitionsBuildingszonedheightofandamaximumactualheightof165feet6Frontloadinggaragesshallhaveaminimumfiontyardsetback23feetasmeasuredfiomthebackofsidewalkSideloadedgaragesmaybelocatedlessthan23feetfiomthebackofsidewalkprovidedthatthedrivewaydesignallowsforparkingofvehiclessoasnottointerferewithorblockthesidewalk750feetforRlG8
8 Standards not specified herein shall be those specified in Section 50504 of the LDC in effect as of the date of adoption of this MPUD Ordinance There is nominimumfloorareaestablishedforanALFhoweverthemaximumfloorarearatioFARis45assetforthinSection50504oftheLDC9Minimumseparationbetweenparkingdecksundermidrisestructuresshallnotbelessthan60feet0InnoinstanceshallastructureencroachintoarequiredlandscapebufferotherthanthosestructurespermittedtobeocatedwithinalandscapebufferinaccordancewithLDCapplicableprovisionsineffectatthetimeorpermittingIWheresetbacksaremeasureasapercentorfactorofbuildingheighttheZonedbuildingheightshallbeutilized
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SECTION IV
RECREATIONMLLAGE CENTER
41 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 RecreationNillageCenter
42 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 aUdevelopmenttractswillbeprovidedatthetimeofSDPorsubdivisionplatapprovalsin
accordance with Section 100203 and Section 100204 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 usesassociatedwiththepennittedprincipaluseandessentialservices
The RECNC Subdistrict shall not be subject to the conditions limitations or restrictions setforthinChapter40704oftheLDCThecommercialusesidentifiedwithinthissubdistrict
are pennitted pursuant to FLUE Map 11 that establishes exempt commercial areas withintheboundariesoftheMPUDwhichhavebeendetenninedtobeconsistentbypolicyFLUEPolicy59RegardlessoftheultimatemixofusesinnocaseshallthisMPUDexceedDRthresholdsestablishedforamixeduseproject100percentforaspecificuseand160
percent of any combination of three or more uses as those regulations exist on the date thisMPUDisapprovedThedevelopershallprovidetheCountywithincrementaldevelopmentinfonnationincludingtheaggregatecommercialsquarefootagewithintheRECNCTractandwithinthePUDintotalasrequiredduringtheannualPUDmonitoringprocessandthroughtheSDPandorsubdivisionplatapplicationsubmittalprocess
t3 PERMITTED USES AND STRUCTURES
No building or structure or part thereof shall be erected altered or used or land used inwholeorpartforotherthanthefollowing
A Permitted Principal Uses and Structures
I Recreational facilities and structures such as but not limited to pools tennis
courts health and fitness facilities clubhouses meeting rooms communitybuildingsplaygroundsandplayfields
2 Commercial banks Groups 60216029 drivethrough facilities are
prohibited
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3 Real estate agents and managers for property within PUD only Group6531
4 Hardware store only 2500 square feet maximum floor area Group 5251
5 Variety stores 2500square feet maximum floor area Group 5331
6 Miscellaneous general merchandise stores except catalog showrooms
2500 square feet maximum floor area Group 5399
7 Grocery stores 10000 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 2500 square feet maximum floor
area Group 5499
12 Gasoline service stations except truck stops Group 5541
13 Apparel and accessory stores 2500 square feet maximum floor area
Groups 56115661
14 Record and prerecorded tape stores Group 5735
15 Eating places except caterers and industrial and institutional food service
establishments dinner theaters drivein restaurants and restaurants with
drivethrough 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 Coinoperated laundries and drycleaning Group 7215
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22 Diaper service and garment alteration and repair shops only Group 7219
23 Beauty shops except beauty schools and cosmetology schools Group7231
24 Barber shops except barber colleges Group 7241
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 andor clinics of physicians and offices andor clinics of dentists
Groups 80118021
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 70 II in the Standard
Industrial Classification Manual Within the RECVC 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 250 temporarylodgingunitsshallbepermittedwithintheentireMPUD
32 Timeshares
33 Miscellaneous Retail Stores not elsewhere provided for above Groups56995999whetheraccessorytoahotelmotelclubhouseorindependent
33 Open space uses and structures such as but not limited to boardwalks
nature trails bikeways landscape nurseries gazebos fishingobservationpierpicnicareasfitnesstrailsandshelters
B Permitted Accessory Uses and Structures
I Customary accessory uses or structures incidental to recreation and village
center areas and or facilities including structures constructed for purposes
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of maintenance storage or shelter with appropriate screening and
landscaping
2 Accessory uses and structures customarily associated with the permittedprincipalusesandstructuresincludingbutnotlimitedto
a Parking facilities and signage
b One caretakers residence
c Temporary licensed uses such as art festivals displays outdoor
gatherings or performances and outdoor food markets
44 DEVELOPMENT STANDARDS
A Minimum Yard Requirements
1 Front Yard Twentyfive 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 accessor structure setbacks from Preserve Area
i Principal structure Twentyfive feet 25iiAccessorystructureTenfeet10
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 seventyfive feet 75
D Minimum distance between principal structures Ten feet 10 or greater if
required by local fire codes in effect at time ofdevelopment
E Minimum distance between accessory structures Ten feet 10
F Parking for uses and structures constructed in the RecreationVillage 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 utilizingthemodalsplitsandparkingdemandsforvarioususesrecognizedbytheInstituteof
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
44
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use or function recognizing the required parking spaces will vary depending on the
multiple functions or uses in close proximity which are unlikely to require the
spaces at the same time The shared parking analysis methodology will be
determined and agreed upon by the County Transportation Staff and the applicantduringtheSDPpreapplicationmeetingThesharedparkinganalysisshallusethe
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 40504
G Architectural and Site Design Standards
Commercial development within the RECNC Subdistrict shall conform with the
guidelines and standards of Section 50508 of the LDC or if variations from
these guidelines are needed to accommodate mixeduse residential or neo
traditional neighborhoodscale commercial development a separate plan for
architectural design and site design and signage shall be submitted to the Collier
County Zoning and Land Development Review Director at the time of the first
SDP approval for commercial or mixed use development within this subdistrict
The plan for architectural design shall indicate the exact nature of any deviation
from the requirements of Section 50508 of the LDC and shall further
demonstrate that any such deviation while varying from one or more of the
provisions of Chapter 50508 nonetheless are deemed to meet the overall purposeandintentofChapter50508
45
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SECTION V
COMMERCIALOFFICE
51 PURPOSE
The purpose of this Section is to set forth the development plan for tracts designated as
CO CommercialOffice 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
52 MAXIMUM COMMERCIALOFFICE SQUARE FEET
The 45 acre CommercialOffice Areas Tracts CO 1 C02 and C03 shall be
developed with an amount of commercialoffice square footage that will not exceed
individual DRI thresholds Total retail or other uses on the CO 1 and C02 shall not
exceed 142000 square feet of retail and 40000 square feet of office space
Regardless of the ultimate mix of uses in no case shall this MPUD exceed DR thresholds
established for a mixeduse project 100 percent for a specific use and 160 percent of anycombinationofthreeormoreusesasthoseregulationsexistonthedatethisMPUDis
approved This shall be monitored through the PUD monitoring process on an annual basis
and through the SDP andor subdivision plat review process
53 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 I
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 ManualonlyincludingIndustryNumber0742veterinaryservicesforanimal
specialties
51
I Reference Executive Office of the President Office of Management and Budget Standard Industrial Classification Manual1987Edition
Page 395 of 466
2 Establishments furnishing pointtopoint 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 IndustryGroup555intheStandardIndustrialClassificationManual
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 includingalcoholicdrinksforconsumptiononthepremisesasdefinedunderthe
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 GroupNumbers596nonstoreretailers598fueldealersandnotincludingretailsaleoffireworks
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11 Establishments operating primarily in the fields of finance insurance and
real estate as defined under Major Groups 60 61 62 63 64 65 and 67 in
the Standard Industrial Classification Manual
12 Within Tract C03 only establishments operating primarily to provide
temporary lodging such as hotels or motels as defined under IndustryGroup7011intheStandardIndustrialClassificationManualNomore
than 150 units shall be permitted No more than 250 units shall be
pennitted in total within the RECNC District and Tract C03
13 Establishments operating primarily to provide personal services as defined
in the Standard Industrial Classification Manual for the following IndustryGroups
a 721 Laundry cleaning and garment services only includingGroup7211powerlaundriesfamilyandcommercialGroup
7215 coinoperated laundries and drycleaning 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 parlorsf729Miscellaneouspersonalservicesonlyincluding 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 hairremovalgenealogicalinvestigationservicehairweavingor
replacements service dress suit or tuxedo rental and tanningsalons
14 Establishments operating primarily to provide business services as defined
in the Standard Industrial Classification Manual for the following industryGroups
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 includingGroup7352medicalequipmentrentalandleasing
d 737 Computer programming data processing and other
computer related services not including Group 7371
prepackaged software
53
Page 397 of 466
15 Establishments primarily engaged in developing film and in makingphotographicprintsandenlargementsforthetradeorforthegeneralpubliconlyincludingGroup7384Photofinishinglaboratories
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 Utilitytrailerandrecreationalvehiclerental
17 Establishments engaged in miscellaneous repair services only includingGroup7631WatchclockandjewelryrepairandGroup7699Repairshopsandrelatedservicesnotelsewhereclassified
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 exceptdriveinandGroup7841Videotaperental
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 campssports 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 osteopathyd804Officesandclinicsofotherhealthpractitioners
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
54
Page 398 of 466
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 onlyincludingGroup8231Libraries
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 accountingresearchandmanagementforthefollowingGroups
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
1 8748 Business consulting services
26 Offices of government as defined under Major Group 91 in the Standard
Industrial Classification Manual
27 Mixed multifamily residential and commercial uses located within COl
and C02 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 RlG8 COl and
C02 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 DR thresholdsestablishedinchapter380ofFloridaStatutesforamixeduseproject100
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 shall be
monitored through the PUD monitoring process on an annual basis and
during all SDP andor subdivision plat submittals The mixed residential
and commercial uses shall be subject to the following criteria
55
Page 399 of 466
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 mixedcommerciaVresidential 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 TNDprinciples
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 caretakersresidence
3 Temporary licensed uses such as art festivals displays outdoor gatherings
or performances and outdoor food markets
C Should market conditions not warrant commercial development within the C03
Tract that Tract shall be used for any uses permitted within the RIG SubdistrictsubjecttoalldevelopmentstandardssetforthinSectionillofthisMPUD
Document
54 DEVELOPMENT STANDARDS
A Minimum Lot Area 10000 square feet
B Minimum Lot Width 100 feet
C Minimum Yards Internal
1 Front Yard Twenty 20 feet plus one 1 foot for each two 2 feet of
building height over fifty 50 feet
56
Page 400 of 466
2 Side Yard None or a minimum of five 5 feet with unobstructed
passage from ont to rear yard
3 Rear Yard 15 feet
4 Parcels with two ontages may reduce one ont yard by 10 feet
5 In no instance shall a structure encroach into a required landscape bufferotherthanthosestructurespermittedtobelocatedwithinalandscapebufferinaccordancewithLDCprovisionineffectatthetimeor
permitting
D Minimum Yards and Buffers External
1 East Tamiami Trail US 41 50foot setback except that canopies for gasstationsshallmaintaina30footsetbackprovidednogaspumpsorpumpislandsarelocatedcloserthan30feetomtheEastTamiamiTrailrightofwayA20footlandscapebufferinaccordancewithSection212of
this Document and Section 40600 of the LDC shall be provided alongtheentireontageofUS41InaccordancewithSubsection50505Dlof
the LDC should a gasoline service station be developed a 25 foot widelandscapebufferisrequiredalongrightsofwayadjacenttotheservice
station In no instance shall a structure encroach into a required landscapebufferotherthanthosestructurespermittedtobelocatedwithina
landscape buffer in accordance with the LDC provisions in effect at the
time or permitting
E Minimum Distance Between Nonattached Structures Fifteen feet 15 or onehalfthesumofthebuildingheightswhicheverisgreater
F Maximum Height Five stories or fifty feet 50 whichever is greater except for
hotels which may be developed up to seventyfive feet 75in height asmeasuredinaccordancewiththeLDCdefinitionofthetermbuildingzonedheightof
G Minimum Floor Area 500 square feet per principal structure on the finished fIrstfloorKioskvendorconcessionsandtemporaryormobilesalesstructuresshall
be permitted to have a minimum floor area of 25 square feet and shall not besubjecttothesetbackrequirementssetforthonParagraph54Cabovehoweverinnoinstanceshallastructureencroachintoarequiredlandscapebufferotherthanthosestructurespermittedtobelocatedwithinalandscapebufferin
accordance with LDC provision in effect at the time or permitting
H OffStreet Parking and Loading Requirements
As required by Section 40500of the LDC in effect at the time ofSDP approval
57
Page 401 of 466
I Architectural and Site Design Standards
Commercial development within this District shall conform with the guidelinesandstandardsofSection50508oftheLDCorvarianceGrayprimaryandor
secondary colors shall be permitted as a predominant exterior roof colors This is
a deviation from Subsection 50508C13b of the LDC
58
Page 402 of 466
SECTION VI
PRESERVE
61 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
62 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 changeduetopermittingrequirementswiththeSouthFloridaWaterManagementDistrictUnited
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 100203and 100204of the LDC
63 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 Pennitted Principal Uses and Structures
I Upland preserves
2 Wetland preserves
B Permitted Accessory Uses and Structures
I Boardwalks nature trails shelters viewing piers viewing platformseducationalsignskioskselevatedgolfcartpathsgolfcourseroughareasand
docks or platfonns for launching and mooring or storage of nonmotorized
vessels utilizing movable storage racks
2 Water management structures in accordance with Collier County SFWMD
DEP and USACOE permitting requirements
64 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
61
Page 403 of 466
3 From lake Zero Feet 0
4 Maximum Height of Structures Twentyfive Feet 25 except for
viewing platforms that may be forty feet 40
62
Page 404 of 466
SECTION VII
PUBLIC FACILITY
71 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 FacilityThePFdistrictlandissetasideforCollierCountySchoolBoardtobuildanelementaryor
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 RIG Subdistrict subject to all developmentstandardssetforthinRIGSubdistrict
72 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
100203 and 100204 of the LDC
73 PERMITTED USES AND STRUCTURES
No building or structure or part thereof shall be erected altered or used or land or water
used in whole or in part for other than the following
A Permitted Principal Uses and Structures
I Educational facilities limited to public elementary or middle school
2 Educational plant limited to public elementary or middle school
3 Safety service facilities limited to fire stations and EMS facilities
B Accessory Uses
Accessory uses customarily associated with the principal permitted uses
74 DEVELOPMENT STANDARDS
A Minimum Yard Requirements
1 Front Yard Twentyfive feet 25
2 Side Yard Fifty feet 50
3 Rear Yard Fifty feet 50
71
Page 405 of 466
C Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference
1 Maximum height of structures Thirtyfive feet 35
2 Minimum distance between principal structures Ten feet l0 or half the
sum of building heights
3 Minimum distance between accessory structures Ten feet 10
4 Minimum offstreet parking Subject to Chapter 40500 of the LDC
72
Page 406 of 466
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
81 PURPOSE
The purpose of this Section is to set forth the development commitments for the Sabal
Bay MPUD
82 GENERAL
All facilities shall be constructed in strict accordance with SDPs subdivision plats ifrequiredandallapplicableStateandlocallawscodesandregulationsapplicabletothis
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 throughOrdinanceNo200466shallapplytothisprojectevenifthelandwithintheMPUDis
not to be platted The developer its successors and assigns shall be responsible for the
commitments outlined in this Document
The developer its successors or assignee shall follow the Master Plan and the regulationsoftheMPUDasadoptedandanyotherconditionsormodificationsasmaybeagreedto
in the rezoning of the property In addition any successors or assignee in title to the
developer is bound by the commitments within this Document These commitments maybeassignedordelegatedtoacondominiumhomeownersassociationtobecreatedbythe
developer Upon assignment or delegation the developer shall be released from
responsibility for the commitments
83 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 speciallanduseboundariesshallnotbeconstruedtobefinalandmaybevariedatanytimeatanysubsequentapprovalphasesuchassubdivisionplatorSDP
application Subject to the provisions of Subsection 1O0213E of the LDC
amendments may be made from time to time
R All necessary easements dedications or other instruments shall be granted to
insure the continued operation and maintenance of all services and all common
areas in the project
C The Community Development and Environmental Services Administrator or his
designee shall be authorized to approve minor changes and refinements to the
Sabal Bay MPUD Master Plan upon written request of th developer subject to
the provisions set forth in LDC Subsection 1O0213E
81
r
Page 407 of 466
84 ENGINEERING
A Except as noted and authorized as a deviation in this PUD Document all projectdevelopmentwillbeconsistentwithprovisionsofSections100204and100203oftheLDC
85 UTILITIES
A All County or City water distribution and sewage collection and transmissionfacilitiestoservetheprojectshallbedesignedconstructedconveyedownedandmaintainedinaccordancewithCollierCountyOrdinanceNo0451asamendedandotherapplicableCountyorCityrulesandregulations
B All customers connecting to the water distribution and sewage collection facilitiesshallbeconsideredtobecustomersoftheCountyortheCityofNaplesasthe
case may be and shall be billed by the County or City in accordance with theCountysorCitysestablishedrates
C The development shall be subject to application for and conditions associated with
a water and sewer availability letter Tom the Collier County Public WorksDivisionorTomtheCityofNaplesUtilitiesDepartmentwhicheverisapplicableinaccordancewithapplicablefranchi5eservicesboundaries
o The developer shall reserve three requested easements and associated utility and
access easements to connect with a public rightofway These sites shall be usedforwellsnottoexceed100by100foreachsitewithaminimumspacingof500feetbetweenwellsThisconveyanceshalloccuratthetimetheSDPorfinalsubdivisionapprovalfortheareawithinthedevelopmentphasethatcontainsthe
easement
E The developer shall provide a 10 foot wide utility easement on the developmentpropertyalongbothsidesofBayshoreDriveifdetenninedtobeneededbyCollierCounty
86 WATER MANAGEMENT
A In accordance with the Rules of the South Florida Water Management Districtthisprojectshallbedesignedforastormeventofa3daydurationand25yearreturnfrequency
B The developer shall design the water management facilities in accordance withCountyordinancesStateandFederalminimumdesignregulationsineffectatthetimeofsubmittalofSOPsorconstructionplansorplatapprovalsasthecasemaybeAnanalysisofpredevelopmentpollutantloadingandpostdevelopment
82
Page 408 of 466
pollutant loading in general accordance with the Harvey Harper methodology
shall be completed and submitted prior to the issuance of final site development
plans or construction plan approvals
C An excavation permit shall be required for the proposed lakes in accordance with
Sibsection 22l22c of Ordinance 0455 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 EngineeringReviewServicesStaffforreviewandapprovalNoconstructionpermitsshallbe
issued unless and until approval of the proposed construction in accordance with
the approved plans is granted
E This developer shall obtain an Environmental Resource Permit or Early Work
Permit from the South Florida Water Management District prior to SDP approval
F The developer shall adhere to the conditions set forth in the September 23 2003
Contribution Agreement by and between 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
87 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 twentyfive 25 feet from the edge of the jurisdictional wetland
boundary Where natural buffers are not possible structural buffers shall be
provided in accordance with the State of Florida Environmental Resources Permit
Rules
B A preserve area management plan shall be provided to Environmental Services
Staff for approval prior to siteconstruction plan approval identifying methods to
address treatment of invasive exotic species fire management and maintenance
C All conservation areas shall be placed under conservation easements with
protective covenants per or similar to Section 70406 of the Florida Statutes
D This PUD shall comply with the guidelines of the USFWS and FFWCC and as
applicable Collier County regulations for impacts to protected species With
respect to the Bald Eagle Management Plan restrictions within bald eagle nest
protection zones shall be in accordance with the USFWS South Florida Multi
Species Recovery Plan May 1999 and Habitat Management Guidelines for the
83
Page 409 of 466
Bald Eagle in the Southeast Region USFWS 1987 except to the degree that thesitespecificbaldeaglemanagementplanprovidesforallowanceorrestrictionsthatvaryfromtheUSFWSSouthFloridaMultiSpeciesRecoveryPlanMay1999andHabitatManagementGuidelinesfortheBaldEagleintheSoutheastRegionUSFWS1987UponreceiptoftechnicalassistancefromtheUSFishWildlifeServiceUSFWSandtheFloridaFishandWildlifeConservationCommissionFFWCCallproposedimprovementsmayberequiredtoberemovedfromtheBaldEaglePrimaryNestProtectionZoneAHabitatManagementPlanforlistedspeciesshallbesubmittedtoEnvironmentalServicesStaffforreviewandapprovalpriortoSDPapproval
E This Bald Eagle Management Plan shall be updated to depict the location of neweaglesnestsortoremovethelocationofneststhathavebeenabandonedinthefollowingmanner
1 If the nest is abandoned in accordance with US fish and WildlifeRegulationstheBaldEagleManagementPlanmaybeadministrativelyupdatedtoeliminatetheabandonednest
2 If the eagles relocate to a tree that is not located on the subject property and
the primary and secondary protection zones of the tree are located entirelyoutsideofanyareaofthePUDproposedforanytypeofdevelopmentthenthebaldeaglemanagementplanshallbeadministrativelyupdatedtoreflectanyofthefollowingnewnestlocationnewprimaryzonelocation
new secondary zone location If the eagles relocate to a tree and the
primary or secondary protection zones of the tree are located on any areaofthePUDproposedforanytypeofdevelopmentthenthebaldeaglemanagementplanshallbeamendedandshallrequireaPUDamendmentincludingpublichearingbeforetheEnvironmentalAdvisoryCouncil
EAC Collier County Planning Commission CCPC and Board ofCountyCommissionersBCC
F Approximately 60 acres of the project site are identified as an old agriculturaloperationSoilsamplingwithinthisfonneragriculturalareashallberequiredatthetimedevelopmentisproposedwithintheseareasSamplingshallprovidesoilanalysisforherbicidespesticidesandheavymetalsMeasuresneededtocleanupthesiteshallbeaddressedpriortositeplanconstructionplanapproval
G A gopher tortoise relocationmanagement plan shall be submitted for review andapprovalatthetimeoffinalSDPconstructionplansubmittalandshallbeinaccordancewiththerequirementsofLDCThesuccessoftheestablishmentofgophertortoiseswithinproposedgophertortoisepreservesshallbestudiedbyanindependentnongovernmentalpartytodocumentthesuccessoftherelocationeffortAcopyofthereportdetailingthestudyandtheresultsshallbeprovidedtoEnvironmentalServicesDepartmentStaff
84
O I
Page 410 of 466
H In accordance with requests from Rookery Bay National Estuarine Research
Reserve RBNERR and the Conservancy of Southwest Florida Conservancy the
Developer agrees to the following
I The developer shall establish a surface water hydrology monitoring
program which will include annual reports of said monitoring to be shared
with RBNERR
2 The developer shall include a provision in the conservation easement
requiring notification to RBNERR and the Conservancy in advance of any
changes to the conditions of and or dedication language set forth in the
projects conservation easement The RBNERR and the Conservancy will
be allowed to participate in the discussions of any proposed changes
3 The developer shall allow the Conservancy to review and comment on the
draft master declaration document pertaining to any provisions that will
address language to protect and sustain the environmental integrity of the
developmentspreserves
4 In order to minimize environmental impacts to water quality within
RBNERR the developer shall do the following conducting pre
development water quality testing by an independent laboratory testing of
sediments at the furthest downstream stormwater outfalls for pollutantloadingpriortosoildisturbanceforconstructionoftheseoutfalllocations
to assess existing sediment quality utilizing water management Best
Management Practices BMPs during construction to minimize adverse
impacts on water quality during development conducting postdevelopmentwaterqualitymonitoringandreportingassetforthin
Paragraph 87 H1 above and increasing public awareness by educating
residents and the homeowners association through 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 developer 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
include water management Best Management Practices BMPs from the
proposed Southwest Florida Basin BMP Matrix rule with the selection of
BMPs based on minimum of two 2 from Group A two 2 from GroupBandone1fromGroupCaspartoftheSFWMDERP
5 The developer 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 managementofaccesswithinRBNERRlandscontrollingandtrappingwhennecessary
feral nuisance and domestic animals
85
Page 411 of 466
6 The two archeological sites determined to be of prehistoric culturalsignificance8cr535and8cr227shallbepreservedandthedevelopershallcoordinatewiththeFloridaDivisionofHistoricResourcestominimizeanydisturbancetothesesitesduringdevelopmentandasaresultofexoticvegetationremoval
88 TRANSPORTATION
A All traffic control devices signs pavement markings and design criteria shall beinaccordancewithFloridaDepartmentofTransportationFDOTManualofUniformMinimumStandardsMUMScurrenteditionFDOTDesignStandardscurrenteditionandtheManualonUniformTrafficControlDevicesMUTCDcurrenteditionAllotherimprovementsshallbeconsistentwiththeLDC
B Arterial level street lighting shall be provided at all access points Access lightingshallbeinplacepriortotheissuanceofthefirstcertificateofoccupancyCOfortheunitssquarefootagethatwilldirectlyutilizetheaccess
C Access points including both driveways and proposed streets shown on the PUDMasterPlanareconsideredtobeconceptualNothingdepictedonanysuchMasterPlanshallvestanyrightofaccessatanyspecificpointalonganypropertyITontageAllsuchaccessissuesshallbeapprovedordeniedduringthereviewofrequiredsubsequentSDPorfinalplatsubmissionsAllsuchaccessesshallbeconsistentwiththeCollierCountyAccessManagementPolicyRes01247asit
may be amended ITom time to time and with the Collier County LongrangeTransportationPlanThenumberofaccesspointsconstructedmaybelessthanthenumberdepictedontheMasterPlanhowevernoadditionalaccesspointsshallbeconsideredunlessaPUDamendmentistobeprocessed
D Siterelated improvements as apposed to systemrelated improvements necessaryforsafeingressandegresstothisprojectasdeterminedbyCollierCountyshall
not be eligible for impact fee credits Site related improvements shall be in placebyphaseandavailableforaccesspriortotheissuanceofthefirstCOforthatphase
E Road impact fees shall be paid in accordance with Ordinance 0113 as amendedandsectionChapter602andSection100207oftheLDCasitmaybeamended
F All work within Collier County rightsofway or public easements shall require arightofwaypermit
G All proposed median opening locations shall be in accordance with the CollierCountyAccessManagementPolicyResolution01247asitmaybeamended
86
Page 412 of 466
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 PUD 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 operationalcirculationandroadwaycapacity
H Nothing in any development order shall vest a right of access in excess of a rightinrightoutconditionatanyaccesspointNeithershalltheexistenceofapointof
ingress a point of egress or a median opening nor the lack thereof be the basis
for any future cause of action for damages against the County by the developer its
successor in title or assignee
I All internal roads driveways alleys pathways sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created bythedeveloperandCollierCountryshallhavenoresponsibilityformaintenanceof
any such facilities
J If any required turn lane improvement requires the use of existing County rightsofwayoreasementscompensatingrightofwayshallbeprovidedwithoutcostto
Collier County as a consequence of such improvement
K If in the sole opinion of Collier County a traffic signal or other traffic control
device sign or pavement marking improvement within a public rightofway or
easement is determined to be necessary the cost of such improvement shall be
borne by the developer
L The development shall abide by Section 60200 of the LDC in regards to
Transportation Demand Management TDM strategies required for a project thatislocatedwithinandaffectsaTransportationConcurrencyExemptionArea
TCEA
89 ADDITIONAL COMMITMENTS
A The developer shall provide a minimum of one playground for use by residents
and their guests meeting ASTM design guidelines
B The developer shall install a pathway along the lake where the lake frontsThomassonDriveandshallprovideaminimumofthreebenchesforpublicusethis
portion oflakeftontage
810 AFFORDABLEWORKFORCE HOUSING COMMITMENTS
A The developer or its successors or assigns shall pay the sm ofIOOOOO
87
11 q1
Page 413 of 466
to the Collier County Affordable Housing Trust Fund for each residential unit not
located within Tracts RG8 CO 1 and C02 The payment shall be made within
seven 7 days on the closing of the residential unit
B The developer or its successors or assigns shall pay the sum of fifty cents 050foreachsquarefootofretaildevelopmentconstructedonthepropertyexcludingTractsCO1andC02totheCollierCountyAffordableHousingTrustFund
within seven 7 days of the improvement receiving a CO
C The payment of the sums set forth in the Section shall satisfy any obligations of
the project to pay linkage fee or similar types of fees should an ordinance
establishing such fees be adopted by the Board of County Commissioners in the
future
88
Page 414 of 466
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SABAL BAY
BALD EAGLE MANAGEMENT PLANFORNESTSCO009CO009ACO024AAND CO028
December 2004
Revised May 2005
Prepared For
WCI Communities Inc
24301 Walden Center Drive
Bonita Springs Florida 34134
239 9472600
Prepared By
Passarella and Associates Inc
9110 College Pointe Court
Fort Myers Florida 33919
239 2740067
Project Na 04WCII042
Page 418 of 466
TABLE OF CONTENTS
Pae
Introduction
1
Bald Eagle Habitat and Reproduction 1
Bald Eagle Status
4
History of Management Guidelines Application 5
Nest Locations and Site Conditions 6
Nesting History and Observations 6
Bald Eagle Management Plan 7
References
1 0
Page 419 of 466
Figure 1
F ˛19ure LIST OF FIGURES
Pasze
Project Location Map 2
FLUCFCS and Wetlands Map with
Bald Eagle Nest Locations 3
11
Page 420 of 466
Exhibit A
Exhibit B LIST OF EXHIBITS
PalZe
Aerial Photograph with Bald Eagle Nest Locations A1
Site Plan with Protection Zones for Bald Eagle Nests B1
111
Page 421 of 466
INTRODUCTION
This Bald Eagle Management Plan BEMP has been prepared for bald eagle Halaeetusleucocephalusnestslocatedonandwithin1500feetofthe233105acreSabalBaypropertyProjectlocatedinSections23242526and36Township50SouthRange25EastandSection19Township50SouthRange26EastCollierCountyFigure1ThisBEMPcoversatotaloffourbaldeaglenestsitesincludingCO009alternatenestCO009CO009AalternatenestCO024CO024AandnestCO028Figure2TheSabalBayBEMPhasbeenpreparedtocomplywithUSFishandWildlifeServiceUSFWSHabitatManagementGuidelinesfortheBaldEagleintheSoutheastRegionUSFWS1987GuidelinesThebaldeagleislistedasthreatenedbytheFloridaFishandWildlifeConservationCommissionFWCCandUSFishandWildlifeServiceUSFWS
The Project is a proposed master planned community that will include a school site single andmultifamilyresidencesagolfcourseaclubhousewithrecreationalamenitiesandneighborhoodcommercialTheProjectincludesaportionofthepreviouslypermittedLelyAreaStonnwaterImprovementProjectincludingtheLelyMainCanalthatrunsnortheasttosouthwestthroughtheProjectTheProjectsurroundinglandusesareamixtureofresidentialdevelopmentsundevelopedlandagriculturaldisturbedlandpreserveandcommercialdevelopmentsOnthewesternboundarytheprojectabutsundevelopedlandsinthesoutheasternmostcitylimitsoftheCityofNaplesAbuttingthesiteimmediatelytothenorthistheNaplesBotanicalGardenHamiltonHarborMarinaEastNaplesCommunityParkcommercialdevelopmentThomassonDriveandTamiarniTrailEastUS41TothesouthisRookeryBayWildlifeSanctuaryTotheeastareundevelopedandagricuIturallandsthatarepartoftheWentworthPUD
BALD EAGLE HABITAT AND REPRODUCTION
The following information on the biology of the bald eagle is excerpted from the South FloridaMultiSpeciesRecoveryPlanUSFWS1999
Bald eagles are considered a waterdependant species typically found near estuaries large lakesreservoirsmajorriversandsomeseacoasthabitatsRobardsandKing1966KingetaI1972Weekes1974Whitfieldetal1974GerrardetaI1975Grier1977AnthonyandIsaacs1989Woodetal1989TheirdistributionisinfluencedbytheavailabilityofsuitablenestandperchsitesnearlargeopenwaerbodiestypicallywithhighamountsofwatertolandedgeBaldeaglesdemonstratearemarkableabilitytotolerateperturbationstotheirhabitatthroughouttheirrange
Their adaptability to a variety ofhabitat conditions makes generalizations about habitat requirementsandnestingbehaviordifficultThoughvariableeagleshavebasichabitatrequirementsthatmustbemetinordertosuccessfullyreproduceandsurviveduringthewinterornonnestingseasonFloridabaldeaglenestsareoftenlocatedintheecotonebetweenforestandmarshorwaterandareconstructedindominantorcodominantlivingpinesPinusspporbaldcypressTaxodiumistichumMcEwanandHirth1979Approximatelytenpercentofeaglenestsarelocatedindead
1
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NtIw E
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i FIGURE 1 PROJECT LOCATION MAPSABALBAY
PASSARELLA and ASSOCIATES INCConsultingEcologists
DRAWN BY Pr DATE 12005
Page 423 of 466
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DESCRIPTION
COMMERCIAL AND SERVICES UNDER CDNSTRUCTION
PINE FLATWOODS DISTURBED 1024 EXOTICS
PINE FLATWOODS DISTURBED 12549 EXOTICS
PINE FLATWOODS DISTURBED 15075EXOTiCS
PINE FLATWOODS DISTURBED 176100 EXOTICS
MIXED PINE FLATWOODS DISTURBED 5075 EXOTICS
SCRUBBY PINE FLATWOODS DISTURBED 024 EXOTICS
SCRUBBY PINE FLATWOODS DISTURBED 12549 EXOTICS
SCRUBBY PINE FLATWOODS DISTURBED 5075 EXOTICS
XERIC OAK
XERIC OAK DISTURBED 024EXOTICS
XERIC OAK DiSTURBED 2549 EXOTICS
BRAZILIAN PEPPER
BRAZILIAN PEPPER HYDRIC
MELALEUCA
MELALEUCA HYDRIC
UVE OAK
LIVE OAK DISTURBED 024EXOTiCS
LIVE OAK DISTURBED 2549EXOTICS
CABBAGE PALM HYDRIC 024EXOTICS
WAXMYRTLEIWILLOW HYDRIC 024EXOTICS
W AXMYRTLEIWILLOWHYDRIC 2549EXOTICS
HARDWOODCONIFER MIXED OISTURBED 024EXOTICS
HARDWOODCONIFER MIXED OISTURBED 575EXOTICS
HARDWOODICONIFER MIXED DISTURBED 76100EXOTICS
AUSTRAUAN PINE HYDRIC
TIDAL CREEK
DRAINAGE CANAL
STORMWATER MANAGEMENT POND
BAYS AND ESTUARIES
INLAND TIDAL PONDS
MANGROVE SWAMPS
MANGROVE SWAMPS DISTURBED 024EXOTICS
MIXED WETLAND HARDWOODS DISTURBED 1024EXOTICS
MIXED WETLAND HARDWOODS DISTURBED 12549 EXOTICS
WILLOW DISTURBED 02400EXOTICS
WILLOW DISTURBED 2549EXOTICS
CYPRESS DRAINED 75100EXOTICS
CYPRESS DISTURBED 024EXOTICS
CYPRESS DISTURBED 2549EXOTICS
CYPRESS DISTURBED 176100 EXO nCS
CYPRESSPINECABBAGEPALM DRAINED 5075 EXOTICS
CYPRESSPINECABBAGEPALM DRAINED 7600 EXOTICS
CYPRESSPINECABBAGEPALM DISTURBED 024EXOTICS
CYPRESSPINECABBAGEPALM DISTURBED 2549 EXOTICS
CYPRESSPINECABBAGE PALM DISTURBED 5075 EXOTICS
CYPRESSPINECABBAGEPALM DISTURBED 176100 EXOTICS
PINE DRAINED 15075 EXOTICS
PINE HYDRIC DISTURBED 24 EXOTICS
PINE HYDRIC DISTURBED 2549 EXOTICS
PINE HYDRIC DISTURBED 5075 EXOTICS
PINE HYDRIC DISTURBED 76100 EXOTICS
MIXED WETLAND FOREST DISTURBED 1024 EXOTICS
MIXED WETLAND FOREST DISTURBED 2549 EXOTICS
MIXED WETLAND FOREST DISTURBED 5075 EXOTICS
MIXED WETLAND FOREST DISTURBED 176100 EXOTICS
WETLAND SHRUB DISTURBED 024EXOTICS
WETLAND SHRUB DISTURBEO 2549 EXOTICS
WETLAND SHRUB DISTURBED 5075 EXOTICS
FRESHWATER MARSH
FRESHWATER MARSH DISTURBED 24EXOTICS
FRESHWATER MARSH DISTURBED 2549EXOTICS
SALTWATER MARSHES
SALTWATER MARSHES DISTURBED 024EXOTICS
WET PRAIRIES DISTURBED ID24 EXOTICS
WET PRAIRIES DISTURBED 12549 EXOTICS
SALTERN DISTURBED
DISTURBED LAND
SPOIL AREAS
BERM
ELECTRICAL POWER TRANSMISSION LINE
TOTAL
OF
ACREAGE 1AL
7272 Ac 3C
0162Ac 2
732 Ac 3D
15686 Ac e5
3300 Ac 4
447At 2
822 Ac
347 Ac
646 Ac
2512 Act 0
3324 Ac 411
069 Ac 00
13 Ac
414At
116 Ac
5060 Ac 2
525 Ac 2
126 Ac 01
016 Ac 00
1270 Ac 05
4585 Ac 19
155 Ac
1081 Ac
567 Ac
42 Ac
198 Ac 01
1864 Ac O7
139 Ac
1231 ACt
316 Ac
1920 Ac
62368 Ac
3250 Ac
260 ACt
979 Ac
072 Ac
145 Ac
5127 Ac
4232 Act
1300 ACt
1243 Ac
504 Ac 02
8591 ACt
400 Acz
2080 Ac
331 Ac
19996 ˜c
1450 Ac
430 Ac
1784 Ac
8289 Ac
5700 Ac
1577 Ac
063 Ac
2726 Ac
176 Ac
9299 Ac
927 Ac
301 Ac
1344 Ac
5504 Ac
634 ACI
250 Ac
250Act
358 Ac
023 Ac
380 Ac
4874 Ac
998 Ac
27 Ac
46 Ac 02
241608Ac 1000
34
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vDNS DESIGNED BY DotTE H
DRAWING NoAW81004oot81004CHECKEDBYDATEABALBAY04WCI1042
1200S KCP 81004 I EXHIBIT No
DRAWN BY DATE iFE SPECIES LOCATION MAPPFWC81004 FIGURE 2Page 424 of 466
pine trees while two to three percent occur in other species such as Australian pine CasuarinaequisetifoliaandliveoakQuercusvirginianaThestatureofnesttreesdecreasesfromnorthtosouthWood1987Woodetal1989andinextremeSouthwestFloridaeaglesnestinblackAvicenniagerminansandredmangrovesRhizophoramanglehalfofwhicharesnagsCurnuttandRobertson1994NesttreesinSouthFloridaaresmallerandshorterthanreportedelsewherehowevercomparativelytheyarethelargesttreesavailableWoodetal1989Hardesty1991ThesmallsizeofnesttreesinSouthFloridarelativetoothernestsitesthroughouttheeaglesrangeisduetothenaturallysmallerstatureofPinuselliottiiPtaedaPpalustrisandPclausQinSouthFloridaandthelackofpinesPinussppinextremeSouthernFlorida
Bald eagles are monogamous and annual courtship behavior reinforces pair bonds Palmer 1988PairbondformationincludesdramaticpursuitflightshighsoaringtalonlockingandcartwheelingJohnsgard1990EaglemayalsoflyaroundtheperimeteroftheirnestingareasvisuallycommunicatingtheirpresencefurtherestablishingtheirterritoriesPairbondbehavioraswellasterritoryestablishmentanddefenseprobablyoccurconcurrentlythroughoutmuchoftheeaglesrangeSuccessfulpairbondinformationultimatelyleadstonestsiteselectionandnestconstructionfornewlyformedpairsorestablishedpairswithoutnestsPairsthathavepreviouslynestedmayrepairestablishednestsorconstructanalternatenestconcurrentwithcopulation
Nesting activities generally begin in early September in South Florida with egg laying occurring asearlyaslateOctoberandpeakinginthelatterpartofDecemberIncubationmaybeinitiatedfromasearlyasOctoberthroughaslateasMarchdependinguponlatitudeClutchesusuallyconsistofoneortwoeggsbutoccasionallythreeorfourarelaidIncubationtakesapproximately35daysandfledgingoccurswithin10to12weeksofhatchingParentalcaremayextendfourtosixweeksafterfledgingeventhoughyoungeaglesarefullydevelopedandmaynotremainatthenestafterfledgingUSFWS1989
BALD EAGLE STATUS
The bald eagle is a federally and state listed Threatened species that has been protected since themid1970sundertheEndangeredSpeciesActof1973ESAandChapter68A27004FloridaAdministrativeCodeManagementandrecoveryeffortsforthespeciesgenerallyhaveincludedactionstoimprovereproductivesuccessandsurvivalby1reducinglevelsofpersistentorganochlorinepesticidessuchasDDToccurringintheenvironmentand2habitatprotectionHabitatprotectionmŁasuresinFloridaprimarilyhavefocusedonprotectionofnestingterritoriesthroughimplementationoftheHabitatManagementGuidelinesfortheBaldEagleintheSoutheastRegionUSFWS1987ManagementGuidelinesRecoverygoalsforthebaldeaglehavebeenachievedasaresultoftheseandrelatedmanagementactionsthroughouttheUnitedStatesandtheUSFWSsubsequentlypublishedaproposedruleinJuly1999toremovethebaldeagleinthelower48statesfromthelistofThreatenedorEndangeredwildlifeTheBaldandGoldenEagleProtectionActBGEPAwillprovideprimaryfederalprotectionforbaldeaglesfoUowingdelisting
The FWCC documented 88 active bald eagle nesting territories in Florida during their initial surveysofthisspeciesin1973andthatnumberhadincreasedto391activeterritorieswhentheManagement
4
liOwl
Page 425 of 466
Guidelines were implemented in 1987 The recovery goal for Florida is 1000 breeding pairs ofbaldeaglesandthenumberofactivenestingterritoriescurrentlybeingsurveyedannuallyinFloridaexceeds1133territoriesNesbittetal2003NumbersofbaldeagleneststhathavebeendocumentedinLeeCountyduringthissamegeneralperiodhaveincreasedfromsixneststoapproximately62neststhatweredocumentedduringthe20022003nestingseasonPetersonandRobertson1978reportedthathistoricnumbersofbreedingpairsofbaldeaglesinFloridawerelikelyinexcessof1000breedingpairsandthecurrentpopulationmaynowapproximatehistoricdensitiesSteveNesbittFWCCpersonalcommunications
HISTORY OF MANAGEMENT GUIDELINES APPLICATION
The Management Guidelines generally have been applied through a coordinated effort of theUSFWSandFWCCbyrecommendingcertainrestrictionstolanduseanddevelopmentactivitieswithinaPrimaryZone0750feetfromnesttreeandSecondaryZone7501500feetfromnesttreearoundeachactivenesttreeThenestingterritoryisconsideredtobethatareathatiswithin1500feetofthenesttreeActivitiesthatincludetimbercuttinglandclearingchemicalapplicationinstallationofinfrastructureandresidentialandcommercialdevelopmentgenerallyarerecommendedtonotoccurwithinthePrimaryZoneatanytimeofyearThenestingseasonisconsideredtobeOctober1throughMay15ofeachyearandtheagenciesgenerallyrecommendtheabovementionedactivitiesberestrictedtooccuronlywithintheSecondaryZoneandonlyduringthenonnestingseasonMay16September30Nesbittefal1993evaluatedtheeffectivenessoftheManagementGuidelinesandconcludedthatbirduseofnestingterritoriesdidnotalterinresponsetoconstructionactivitieswheretheManagementGuidelineswereappliedTheUSFWSandFWCCsubsequentlybeganmodifyingtheirrecommendedapplicationoftheManagementGuidelinesduringthemid1990sandby1997hadbegunastandardpracticeofapprovinginstallationofinfrastructureielandclearinggradingroadconstructionconstructionofstormwaterfacilitiesandinstallationofutilitieswithinSecondaryZonesbutonlyduringthenonnestingseasonTheyalsobeganapprovingresidentialandcommercialconstructionwithinSecondaryZonesduringthenestingseasonatthattimebutonlyinconjunctionwithamonitoringprotocoltoevaluatebaldeagleresponsestoconstructionactivitiesandtoevaluatethesemodificationstotheirapplicationoftheManagementGuidelinesKeytoendorsementofexteriorhomeconstructionwithintheSecondaryZoneduringthenestingseasonwastheprovisionofmonitoringtoprovidedatauponwhichthesemodificationscouldbeevaluatedRecommendationsformonitoringhavesubsequentlybeenfonnalizedasBaldEagleMonitoringGuidelinesUSFWS2002
Millsap ef al 2002 provided further insight into the effectiveness of the Management GuidelinesforprotectingnestingbaldeaglesfromdevelopmentandhumanrelateddisturbancesProductivityofbaldeagleswascomparedat60ruralnestsiteslessthan5percentofthelandareawithin1500metersofthenestwasinintensivehumanusewith60urbannestsitesgreaterthan50percentofthelandareawithin1500metersofthenestwasinintensivehumanuseanditwasdeterminedthatproductivitywasnotsignificantlydifferentbetweenthesenestsitecategoriesTheyfoundthatsomebaldeaglessuccessfullycoexistwithintensivehumanactivityandrecommendeditwascriticaltomaintainsuitablenestingsitesmaturepinePinussptreesasrefugeswithingreenspaceswherehumanactivityshouldbeprohibitedduringnestingperiods
5
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NEST LOCATIONS AND SITE CONDITIONS
Nest CO009 is in the joint of a live slash pine tree located near the northwest side of the Saba BaypropertyinSection23Township50SouthRange25EastFigure2Thenestisapproximately1900feetwestofHollyAvenue3150feetwestofKellyRoadand2450feetsoutheastofBayviewParkExhibitA
Nest CO009A is in the joint of a live slash pine tree located approximately 740 feet offsite in anoutparcelonthewestsideoftheprojectsiteinSection26Township50SouthRange2SEastFigure2NestCO009Aisapproximately1200feetsouthofHollyAvenueand2850feetsoutheastofbaldeaglenestCO009
Alternate nest CO024 was located in the joint ofa live cypress tree on the east side ofthe Saba BaypropertyinSection19Township50SouthRange26EastFollowingastrongcoldfrontattheendofMarch2004thenestfellfromthetreeNestCO024Awaslocatedapproximately1000feetnorthwestofnestsiteCO024andisbelievedtobethefirstreportedalternatenestsiteforthispreviouslyrecordedterritoryCO024Awaslocatedapproximately21OOfeetsouthwestofTamiamiTrailEastDS41Directlysouthofthenestapproximately1600feetisundevelopedandagriculturallandsthatarepartoftheWentworthPDD
Nest CO028 is located in the joint of a large slash pine tree near the southern property boundary inSection36Township50SouthRange25EastThenestissurroundedbyundevelopedland
NESTING HISTORY AND OBSERVATIONS
Nesting history and direct nesting observations for CO009 CO009A CO024 and CO024A wereobtainedfromFWCCandKevinLErwinConsultingEcologistsIncKLECEPassarellaandAssociatesIncPAIconductednestingobservationsofCO009CO009AandCO024foraperiodofthreetofourtimesperweekfromFebruary272004throughMarch302004
According to FWCC records and KLECE observations bald eagle nest CO009 was last activeduringthe20002001seasonThenestwasnotutilizedbyeaglesduringthe2001200220022003or20032004nestingseasonsKLECEdocumentedgreathomedowlsinnestCO009duringthe20022003nestingseasonAnecologistfromPAIrecordednoactivityinthenestduringsurveysconductedthreetofourtimesperweekduringthemonthofMarch2004NestCO009hasnotbeendocumentedasabreedingsitebyeaglesforthelastthreeconsecutivenestingseasonsAccordingtoFWCCrecordsnestCO009wasinactiveduringthe20022003seasonTheFWCCstatedthatnestactivitywasundeterminedforthe20032004seasonduetoalateflyover
Nest CO009A is believed to be the alternate nest site for the bald eagle breeding pair that occupyterritoryCO009AccordingtotheKLECEobservationstheCO009alternatenestwasfirstidentifiedduringthe20022003nestingseasonThenestwasobservedtobeactiveduringthe20022003and20032004seasonsFieldobservationsbyPAlmadefromapproximately120ofeet
6
Page 427 of 466
southwest and 800 feet northeast ofnest CO009A documented two adult bald eagles flying intothenestingareafromthenorthwestwestandsouthwestTheadulteagleswereobservedflyingfromthenestingareatowardthenorthwestwestandsouthwestduringmorningsurveysOnejuvenilebaldeaglewasobservedsoaringoverthenestonMarch162004NestCO009AhasbeenundocumentedbyFWCCforthe20022003and20032004nestingseasons
Nest CO024A was located by Passarella and Associates Inc during a site visit conducted in March2004AdultbaldeagleswereobservedflyingtoandfromthenesttowardthenorthwesteastnortheastwestandsouthTwoadulteaglesandtwojuvenileeagleswereobservedonthenestonMarch172004Onejuvenileeaglewasobservedsquattinginthenestwhilethesecondjuvenilewasobservedflyingtoperch300feetnorthwestofthenestThenestwasobservedtobediminishinginsizeonMarch302004asaresultofastrongcoldfrontwhichmovedthroughtheareaduringtheweekendofMarch272004DuringsubsequentsitevisitsitwasnotedthatthenesthadfallenfromthecypresstreeNestCO024Awaslocatedapproximately1000feetnorthwestofnestsiteCO024TheFWCChasdocumentednestCO024Alocatedinacypresstreetobeactiveforthepasttwonestingseason
Nest CO024 was first reported by the FWCC during the spring of 2001 On May 21 2002photographsweretakenbyKLECEdocumentingthattheCO024nesthadfallenfromthepinetreeOnNovember252003andFebruary162004KLECEconfirmedthatthenesthadnotbeenrebuiltUndertheUSFWSdraftSLOPESguidanceandHabitatManagementGuidelinesfortheBaldEagleintheSoutheastRegionnestCO024isconsideredlostasofthecompletionofthe20042005nestingseasonThislostnestdeterminationisbasedontwoconsecutiyebreedingseasons20032004and20042005oflossofnest
Nest CO028 was located during an aerial flyover event conducted by Passarella and Associates Inc
on March 18 2004 No eagles were observed during the flyover event No further observations
were recorded for CO028 The FWCC documented nest CO028 as active dUIing the 20022003
season but inactive during the 20032004 nesting season
BALD EAGLE MANAGEMENT PLAN FOR SABAL BAY
This BEMP is proposed as part of the project and is intended to facilitate construction of residentialfeatUIesoftheprojetwhileprovidingsufficientmeasurestominimizethepotentialforadverseimpactstonestingbaldeaglesthatcouldoccurasaresultoftheproposedprojectTheprojectssiteplanwithprotectionzonesisattachedasExhibit2
Specific elements of the BEMP are as follows
1 Infrastructure grading clearing filling paving laying foundation guttering installation ofundergroundutilitiesandexcavationandinstallationofstormwatermanagementfacilitiesthatwillbeconstructedwithin1500feetofthebaldeaglenestswillbeinstalledduringthenonnestingseasonMay16September30Infrastructureinstallationshallbeginearlyduringthenonnestingseasonandanyportionofsuchinfrastructureinstallationthatmayrequirecompletionactivitiestoextendintothefollowingnestingseasonandoratsuchtime
7
Page 428 of 466
the bald eagle nest is active courtship nest tending egg laying incubation brooding andorthefledgingoftheyoungisoccurringsuchactivitiesshallbeaccomplishedundertheMonitoringProtocol
2 No buildingsstructures shall be constructed within 750 feet ofa bald eagle nest The projectwillonlyincludesurfacewatermanagementareaslakesanddetentionareaswithin750feetofabaldeaglenestProjectactivitiesgradingclearingexcavationandinstallationofstonnwatermanagementfacilitiesthatwillbeconstructedwithin750feetofthebaldeaglenestswillbeconstructedduringthenonnestingseasonMay16September30AnyinstallationthatmayrequirecompletionactivitiestoextendintothefollowingnestingseasonandoratsuchtimethebaldeaglenestisactivecourtshipnesttendingegglayingincubationbroodingandorthefledgingoftheyoungisoccurringsuchactivitiesshallbeaccomplishedundertheMonitoringProtocol
3 Singlefamily residences shall be constructed no closer than 750 feet from a bald eagle nestSinglefamilyresidencesconstructedwithin1500feetofnestshallnotexceed35feetinheightfrombasefloodelevationVerticalinteriorandfInishconstructionmayoccurduringthenonnestingseasonasneededwithoutmonitoringVerticalconstructionegframinglayingfoundationsidingwindowsroofIngetcandheavyconstructiongradingpouringconcreteincludingdrivewayspaintingotherthanbyhandetcoccurringwithin1500feetofanestandduringthenestingseasonshallbeaccomplishedundertheMonitoringProtocolInteriorandfinishconstructionthatisdeemednottobeheavyconstructionbytheUSFWSmaycontinueduringthenestingseasonwithin1500feetwithoutmonitoring
4 Multifamily residences shall be constructed no closer than 750 feet from a bald eagle nestMultifamilyresidencesconstructedwithin1500feetofnestshallnotexceed50feetinheightfrombasefloodelevationVerticalinteriorandfinishconstructionmayoccurduringthenonnestingseasonasneededwithoutmonitoringVerticalconstructionegframinglayingfoundationsidingwindowsroofingetcandheavyconstructiongradingpouringconcreteincludingdrivewayspaintingotherthanbyhandetcoccurringwithin1500feetofanestandduringthenestingseasonshallbeaccomplishedundertheMonitoringProtocolInteriorandfmishconstructionthatisdeemednottobeheavyconstructionbytheUSFWSmaycontinueduringthenestingseasonwithin1500feetwithoutmonitoring
5 Midrises shaJI be constructed no closer than 1500 feet from a nest
6 The use ofany chemicals which are known to be toxic to wildlife shall be prohibited within750feetofabaldeaglenestandchemicalsusedforpurposeofcontrollinginvasiveexoticplantsshallbeprohibitedaroundthebaseofthenesttree
7 Outdoor lighting installed within 750 feet of a bald eagle nest shall be subdued shielded anddirectedawayfromthenesttree
8 Habitat features within the project that may be utilized presently or in the future by baldeaglesfornestingforagingroostingandorperchingshallbeprotectedShouldtheproject
8
t
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require the removal or alteration of habitat features used by bald eagles within the projectlimitstheapplicantshallrequestpermissionfromUSFWSTheapplicantmustsupplyproofthroughsiteplansorothermŁansthatthefeaturecannotbeprotectedversusremovedoraltered
9
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REFERENCES
Anthony RG and FB Isaacs 1989 Characteristics of bald eagle nest sites in Oregon Journal ofWildlifeManagement531148159
Curnutt 1L and WB Robertson Jr 1994 Bald eagle nest site characteristics in south FloridaJournalofWildlifeManagement582218221
Gerrard 1M PN Gerrard WJ Maher and DWA Whitfield 1975 Factors influencing nest siteselectionofbaldeaglesinnorthernSaskatchewanandManitobaBlueJay333169176
Grier JW 1977 Quadrat sampling of a nesting population of bald eagles Journal of WildlifeManagement41438443
Hardesty J1 1991 Conservation of coastal nesting bald eagles in Florida history demographyandhabitatuseUnpublishedMastersThesisUniversityofFloridaGainesvilleFlorida
J ohnsgard P A 1990 Hawks Eagles and Falcons ofNorth America Smithsonian Institution PressWashingtonDC
King 1 F Robards and C Lensink 1972 Census of the bald eagle breeding population insoutheastAlaskaJournalofWildlifeManagement3612921295
McEwan LC and DH Hirth 1979 Southern bald eagle productivity and nest site selectionJournalofWildlifeManagement43585594
Millsap B L Phillips L McConnell N Douglass S Taylor J Jones T Breen and T Steffer2002ComparativefecundityandsurvivalofbaldeaglesfledgedfromsuburbanandruralnatalareasWCCAnnualPerformanceReport
Nesbitt SA MJ Folk and DA Wood 1993 Effectiveness of bald eagle habitat protectionguidelinesinFloridaProcAnnuConfSEAFWAPp333338
10
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REFERENCES continued
Nesbitt SA lA Bozzo NJ Douglass K Lamonte PS Kubilis TW Regan ST SchwikertandlHWhite2003BaldeaglepopulationmonitoringFWCCAnnualPerformanceReport
Palmer RS 1988 Handbook of North American Birds Volume 4 Yale University Press NewHavenConnecticut
Peterson DW and WB Robertson Jr 1978 Threatened southern bald eagle Pages 2730 inHWKaleIIedRareandendangeredbiotaofFloridavolumetwobirdsUniversityPressesFloridaGainesvilleFlorida
Robards RC and J G King 1966 Nesting and productivity ofbald eagles southeast Alaska 1966DSFishandWildlifeServiceJuneauAlaska
US Fish and Wildlife Service 1987 Habitat Management Guidelines for the Bald Eagle in theSoutheastRegion
US Fish and Wildlife Service 1989 Southeastern states bald eagle recovery plan US Fish andWildlifeServiceAtlantaGeorgia
us Fish and Wildlife Service 1999 Multispecies recovery plan for south Florida US Fish andWildlifeServiceVeroBeachFlorida
U S Fish and Wildlife Service 2002 Bald Eagle Monitoring Guidelines
WeŒkes F M 1974 A survey of bald eagle nesting attempts in southern Ontario 19691973CanadianFieldNaturalist884415419
Whitfield DWAlM Gerrard WJ Maher and DW Davis 1974 Bald eagle nesting habitatdensityandreproductionincentralSaskatchewanandManitobaCanadaFieldNaturalist884399407
11
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REFERENCES continued
Wood PB TC Edwards and MW Collopy 1989 Characteristics of bald eagle nesting habitat inFloridaJournalofWildlifeManagement532441449
Wood PB 1987 Distribution ownership status and habitat characteristics ofbald eagle nest sitesinFloridaFinalreportNongameWildlifeProject85020FloridaGameandFreshWaterFishCommissionTallahasseeFlorida
12
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EXHIBIT A
AERIAL WITH NEST LOCATIONS
I
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l T
EXHmIT B
SITE PLAN WITH PROTECTION ZONES FOR NESTS
T
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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 200559
Which was adopted by the Board of County Commissioners
on the 15th day of November 2005 during Regular Session
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County Florida this 18th
day of November 2005
1
fG0IJJDWIGHTEBROCKI
Clerk of Courts aClerk 75
Exofficlo o oa gCountyCommlsslonSS p
fL
Iv v tJ
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By Ann Jennejohn
Deputy Clerk
Page 438 of 466
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
HEARING PACKAGE CHECKLIST Return this form with printed materials
A. Backup provided by the County Planner
The Planner is responsible for all required data included in the printed packets of information for the Hearing
Examiner (Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLICATES OF ANY
DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION.
PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN “BACKUP PROVIDED BY APPLICANT.”
Planner responsible for providing the County Attorney-drafted Ordinance for PUDs and placing in backup
materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT – STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE
STAFF REPORT]
B. Backup provided by Applicant:
PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY
DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE
BACKUP PROVIDED BY APPLICANT IS IN DISARRAY-MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE
APPLICANT PROVIDES MULTIPLE DUPLICATES-THE APPLICANT COULD LOSE ITS HEARING DATE.
____ Application, to include but not limited to the following:
____ Narrative of request
____ Property Information
____ Property Ownership Disclosure Form
____ Any other documents required by the specific petition type; such as a variance, a boat
dock extension; PUD amendment, rezone request, etc.
____ Disclosure of Property Ownership Interest (if there is additional documentation aside from
disclosure form)
____ Affidavit of Unified Control
____ Affidavit of Representation
____ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
____ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)
Include 3 thumbnail drives of video and/or audio
____ Traffic Impact Study (TIS)
____ Environmental Data
____ Historical/Archeological Survey or Waiver
____ Utility Letter
____ Deviation Justifications
X
X
X
X
X
X
X
PL202500004411
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Page 439 of 466
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
____ Boundary Survey
____ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc.
___ Submerged Resource Surveys may be included here if required.
____ CD with only one pdf file for all documents in the same order as the packets are put together.
They must be in the same order.
I understand that by submitting the above materials, it is the agent’s/applicant’s responsibility to ensure all materials are in the same
order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple
files) in the same order as the printed materials. It is the agent’s responsibility to ensure no documentation is left out.
________________________________________ ____________________
Signature of Agent Representative Date
________________________________________
Printed Name of Signing Agent Representative
Lora Trent
10/31/2025
N/A
N/A
N/A
X
Page 440 of 466
Sign Variance (SV) 6/28/2024 Page 1 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
GMCD Public Portal
Land Development Code
Administrative Code
Name of Property Owner:
Address: City: State: ZIP:
Phone: __________________________ E-Mail:
Name of Applicant/Agent:
Firm:
Address: City: State: ZIP:
Phone: __________________________ E-Mail:
Provide a detailed legal description of the property covered by the application. (If space is inadequate,
attach description on a separate sheet.)
Property ID Number: Section/Township/Range:______/______/_____
Subdivision: Unit: Block:______ Lot:______
Metes & Bounds Description:
Address of Sign Location:
Current Zoning: Land Use of Subject Parcel:
If a wall sign, length & height of wall upon which the Sign will be secured:
SIGN VARIANCE PETITION (SV)
Land Development Code section 5.06.08 and 10.03.06 F.
Chapter 3 I. of the Administrative Code
Applicant Contact Information
Project Information
Sabal Bay MPUD
Page 441 of 466
Collier County
Sign Variance (SV) 6/28/2024 Page 2 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
1. On a separate sheet attached to the application, provide a detailed explanation of the variance
request including what signs are existing and what is proposed; the amount of encroachment
proposed using numbers, e.g. reduce setback from 15 ft to 10 ft; why encroachment is necessary;
how existing encroachment came to be; etc.
Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that
the Hearing Examiner shall be guided in the determination to approve or deny a variance petition
by the below listed criteria:
2. Pursuant to LDC subsection 5.06.08 B, on a separate sheet attached to the application, please
address the following criteria:
a) That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in the
same district.
b) That literal interpretation of the provisions of the sign code would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district and would present
unnecessary and undue hardship on the applicant.
c) That the special conditions and circumstances which are peculiar to the land, structure, or
building do not result from the actions of the applicant.
d) That granting the variance requested will not confer on the applicant any special privilege that
is denied by this sign code to other lands, structures or buildings in the same zoning district.
e) That the variance granted is the minimum relief that will make possible the reasonable use of
the land, structure or building.
f) That the granting of the variance will be consistent with the general intent and purpose of the
Collier County Sign Code and the Growth Management Plan, and will not be injurious to
adjacent properties or otherwise detrimental to the public welfare.
Nature of Petition
Page 442 of 466
Collier County
Sign Variance (SV) 6/28/2024 Page 3 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Complete the following for all registered Home Owner / Civic Association(s) that could be affected by
this petition. Provide additional sheets if necessary. Information can be found on the Civic
Associations and Communities page on the Board of County Commissioner’s website. Applicant
is responsible for and shall confirm the current mailing addresses for each association as registered
by the Florida Department of State, Division of Corporations.
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and
at time of application submittal. At time of submittal, the checklist is to be completed and submitted
with the application packet. Please provide the submittal items in the exact order listed below with
cover sheets attached to each section. Incomplete submittals will not be accepted or processed.
REQUIREMENTS FOR REVIEW:
Application Form
Pre-Application Meeting notes
Affidavit of Authorization, signed and notarized
Property Ownership Disclosure Form
Completed Addressing Checklist
Location Map 8 ½ in. x 11 in. depicting major streets in area for reference
Survey or Site Plan of Property
Once the first set of review comments are posted, provide the assigned planner
with draft Agent Letter, address of property owners, and certification.
Electronic copy of all documents and plans.
Associations
Pre-Application Meeting and Final Submittal Requirement Checklist
Sign Variance (SV)
Chapter 3 I of the Administrative Code
Page 443 of 466
Collier County
Sign Variance (SV) 6/28/2024 Page 4 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Pre-Application Meeting fees are applied as credit towards review fees upon submittal of
application, if received within nine months from the date the pre-application meeting is held.
Pre-Application Meeting: $500.00 $
Sign Variance Petition: $2,000.00 $
Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 $
Fee Subtotal: $
Pre-application fee credit: $
Total Fees Required: $
All fees are collected at the time of application. Property Notification Letters, if required by The Land
Development Code, will be invoiced after the petition is heard by the Board of County Commissioners.
As the authorized agent/applicant for this petition, I attest that all information indicated on this checklist
is included in this submittal package. I understand that failure to include all necessary submittal
information may result in the delay of processing this petition. Additional fee for the 5th and subsequent
re-submittal will be accessed at 20% of the original fee.
______________________________________
Signature of Petitioner or Agent
_______________________________________ ___________
Printed Named of Signing Party Date
Fee Calculation Worksheet
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMCD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDClientServices@colliercountyfl.gov
Page 444 of 466
Addressing Checklist 6/14/2024 Page 1 of 2
Growth Management Community Development • Operations & Regulatory Management
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Addressing Checklist
GMCD Public Portal
Land Development Code
Administrative Code
Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * are
required for every application, other items are optional and may not apply to every project.
Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after
that timeframe and any time the properties within the project boundary are modified.
*Name of Owner/Agent:
Firm [if agent]:
*Address:*City:*State:*ZIP:
*Telephone:Cell:Fax:
*E-Mail Address:
*Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]:
*Legal Description of subject property or properties [Attach list if necessary]:
Street Address(es) where applicable, if already assigned:
Applicant Contact Information
Location Information
Page 445 of 466
Collier County
Addressing Checklist 6/14/2024 Page 2 of 2
Growth Management Community Development • Operations & Regulatory Management
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Acceptance of this form does not constitute project and/or street name approval and is subject to further review by
the Addressing Official. Pre-approval of project name and/or street name may be requested by contacting us at
GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal.
Current Project Name:
Proposed Project Name:
Proposed Street Name:
Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####]
Additional documents may be attached to this form and can include.
Checkmark the items included with this application:
Requirements for Review: Required:
LOCATION MAP and/or SURVEY showing the proposed project boundary. ☒
List of additional folio numbers and associated legal descriptions. ☐
E-mail from Addressing Official for any pre-approved project and/or street names.☐
Project Information
Submittal Requirement Checklist
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMCD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: Front.Desk@colliercountyfl.gov
Page 446 of 466
May 9, 2025
Culver’s Restaurant
5102 Tamiami Trail E
Naples, FL 34113
RE: Sign Variance Request
Culver’s located at 5102 Tamiami Trail E. Naples, FL 34113, would like to request one additional menu board to
be placed in a tandem double drive-thru lane to help with the efficient operation of the drive-thru lane. Per the
Land Development Code Section 5.06.04.F.5 Menu boards: One sign with a maximum height of 6 feet
measured from drive thru lane grade adjacent to the sign and 64 square feet of area is allowed per drive thru
lane, not to exceed 2 signs per parcel.
That special conditions and circumstances exist which are peculiar to the land, structure, or building involved
and which are not applicable to other lands, structures, or buildings in the same district. The plight of the
landowner is due to circumstances unique to the property not created by the landowner; and the variance, if
granted, will not alter the essential character of the locality in the same district. Culver’s physical layout of the
land does not allow the option for a double drive through lane to be added due to the footprint of the parking
lot and drive through lane therefore physically causing a hardship as there is not enough room to add a second
lane to the property. Neighboring properties in the same zoning district are different in size and shape and have
their own footprints with different configurations in their layouts. At the time that this location was designed
and built Culver’s Franchisee didn’t offer the option for tandem drive through lanes or double drive through.
The need and demand is out there, therefore by allowing Culver’s the use of two menu boards allowing two
order takers, and two pickup windows all in one lane increases the number of customers you can serve in one
lane, increase car counts without driving service times higher, encourage customers to use the tandem lane
because the line looks shorter and overall improves the operational efficiency.
That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district and would present unnecessary and undue hardship on
the applicant. Denial of our request would result in unnecessary and undue hardship to the landowner which
will cause inefficiency delays in the operation of the drive-thru lane. Other fast food restaurants like Chick-
Fil-A have the ability and the site layout to have a functional double drive through lane with dual menu boards
whereas Culver’s site’s configuration prevents them from having a conventional double drive through lane, and
denying them the dual menu boards will hinder the applicant’s efficiency, creating an undue hardship not faced
by other fast food restaurants with more adaptable site designs. Culver’s request to have a tandem double-
drive-thru at their restaurant, would allow them to have two functional menu boards which is designed
to increase efficiency and customer satisfaction throughput. It essentially allows two vehicles to be served
Page 447 of 466
simultaneously, even when the drive-thru has only one physical entrance and exit. This can be beneficial for
busy periods and reduce perceived wait times for customers.
That the special conditions and circumstances which are peculiar to the land, structure, or building do not result
from the actions of the applicant. No, the special conditions which are peculiar to the land are not a result from
the actions of the applicant or the owner. Due to Culver’s size, width, and depth, of the property and their site
configuration to meet Collier County parking regulations which is out of their control does not allow for the
space and the ability to have double drive through lane. So for some restaurants with limited space ability such
as Culver’s, a tandem drive through is a good way to increase capacity without expending the drive through
physical footprint.
That granting the variance requested will not confer on the applicant any special privilege that is denied by this
sign code to other lands, structures or buildings in the same zoning district. Correct, by approving our request
Culver’s Brand Standard format will be consistent with CFS’s branding nationwide. Granting this request does
not provide Culver’s with a unique advantage but aligns them with other restaurants nearby with similarly zoned
properties. Denied by the provisions of the ordinance and not granting the request will constitute unnecessary
and undue hardship to the landowner such as operational delays, increased customer wait times, affect the
efficient operation of the drive though, reduce competitiveness, and inability to meet Culver’s Franchise System
Brand Standards. Approving the allowance of two menu boards in a single lane can better predict queue
lengths, optimize staffing, improve operational efficiency, and make data-driven decisions to enhance the
customer’s experience. .
That the variance granted is the minimum relief that will make possible the reasonable use of the land, structure
or building. Culver's is a nationally recognized restaurant, and with that comes Brand Standard consistencies.
Allowing the additional menu board for a tandem drive-thru lane update will increase efficiency by allowing two
cars to be served at the same time, the overall throughput of the drive-thru increases meaning customers can be
served in a shorter period of time. Allowing the additional menu board will reduce wait times making the line
appear to be shorter and reduce the feeling of waiting in a long line. With two ordering points it will improve
operational efficiency allowing staff to work more efficiently to server customers faster. The request for the
additional menu board is the least deviation necessary from the Collier County Sign Code and without it, Culver’s
cannot function properly as a quick-service operational restaurant to meet with todays fast paced demands.
That the granting of the variance will be consistent with the general intent and purpose of the Collier County
Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise
detrimental to the public welfare. The requested variance for the additional menu board is minimum and
reasonable use to our business and shall not be opposed to the general spirit and intent of Collier County Sign
Code. Granting our request is intended to establish a comprehensive and balanced system of sign control and
Page 448 of 466
accommodates the need for a well maintained, safe and effective communications. Additionally, our request
aligns with the County’s goal and the support of business development by maintaining visual harmony while
improving and increasing efficiency through the drive through lane, decreasing traffic congestion, reducing
longer wait times, and enhancing traffic flow and safety to the general public. The granting of this Variance will
not adversely affect the public's health, safety, morals, convenience, prosperity, or general welfare in which this
property is located. The granting of the Variance will not adversely affect the rights of neighboring parties or
impair the property values. Granting our request will enhance the drive through lane featuring a dedicated lane
with clear signage, which will effectively improve traffic flow for all road users therefore enhancing public safety.
We are respectfully asking for you to review our request, see our need, and approve our Variance request.
Kind Regards,
Lora Trent
Lora Trent
Springfield Sign
4825 E Kearney St.
Springfield, MO 65803
loram@springfieldsign.com
417-862-2454
Page 449 of 466
Culver’s Restaurant
5102 Tamiami Trail
Naples, FL 34113
A brief overview of the property located at 5102 Tamiami Trail Naples, FL:
Culver’s located at 5102 Tamiami Trail E. Naples, FL 34113, would like to request one additional menu board to be placed in
a tandem double drive-thru lane to help with the efficient operation of the drive-thru lane. Per the Land Development Code
Section 5.06.04.F.5 Menu boards: One sign with a maximum height of 6 feet measured from drive thru lane grade adjacent
to the sign and 64 square feet of area is allowed per drive thru lane, not to exceed 2 signs per parcel.
SURROUNDING LAND USE AND ZONING:
South East: Motorcars Management, LLC, Carwash, with a zoning designation of MPUD Zoning District
South: Naples Inn & Suites, LLC, hotel, with a zoning designation of MPUD Zoning District
South West: RSS Capital Naples New Town, car lot, with a zoning designation of MPUD Zoning District
North West: DT 5080 Tamiami Trl E, LLC with a zoning designation of MPUD Zoning District
North: Farley White Tamiami, LLC, Accountant, with a zoning designation of C-4 Zoning District
North East: YBV Naples. SS LLC, office building, with a zoning designation of C-4 Zoning District
Explanation of our Request:
Culver’s would like to request an additional menu board to provide a tandem drive through lane to improve operational
efficiency and quality service.
Page 450 of 466
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b.If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
Page 451 of 466
d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f.If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g.Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
Page 452 of 466
Page 453 of 466
PL20250004411
Page 454 of 466
PROPOSED DRIVETHRU CANOPY(DTC-2)PROPOSED DIGITALMENU BOARD(MB-DT-46)EXISTING CANOPYAND MENU BOARDTO REMAINTAMIAMI TRAIL E.1 OF 1SCALE 1" = 40'CLHDrawn By:
MWReviewed By:
Date: 9-26-25
DRIVE THROUGH/MENU BOARD
LAYOUT
CULVER FRANCHISING SYSTEM, INC.Client:
Culver Franchising System, Inc.
540 Water Street
Prairie du Sac, WI 53578
p (608) 643-7980
LOCATION:
Sheet Number:
Project No.: 55566
NAPLES, FL.
SPRINGFIELD SIGN
4825 E. Kearney St.
Springfield, MO 65803
(417) 862-2454N67.19'49.71'74.88'37.13'2
6
9
.
0
'149.50'36.
3
'
3
7
.
9
'
3
3
.
0
'
91.
0
8
'
5
7
.
8
3
'38.13'21.75'16.5'40.93'42.92'31.18'9'-10 38"6'
-
4
5
16"Existing & Proposed Menu Board Page 455 of 466
Page 456 of 466
Page 457 of 466
MB-DT-46 EXTERIOR MENU BOARD
POPP-Out
Blue Outdoor Drive-Thru Menu Board
SCALE: 3/8” = 1’*SCALE AND COLORS NOT REPRESENTATIVE FROM EMAIL ATTACHMENTS
*ALL MEASUREMENTS ARE APPROXIMATE
FRONT
REAR
A - INSIDE BACK OF MENU BOARD FACE (ONLY ONE PANEL SHOWN FOR
CLARITY)
B - FRONT PANEL IS ANTI-GLARE (CLEAR) FOR INCREASED VISIBILITY
C - POP PANEL - PRODUCT GRAPHIC
D - REAR PANEL FITTED WITH POPP-Out PANEL
E - SUPPORTING “TIP TRAY” FOR PANELS (SELF ALIGNING)
F - POPP-Out TAB HANDLE
G - PAIRED MAGNETIC “LATCH” (MAGNETS EMBEDDED IN POP-Out PANEL
& BACK OF MENU BOARD)
PANEL BEING REMOVED
INTERIOR VIEW OF MENU BOARD
A
B
C
D
E
F
Point Of Purchase Panel System
PANEL IN PLACE
F
G
This drawing is Copyrighted material, it remains the property of Springfield Sign unless otherwise agreed upon in writing. It is unlawful to use this drawing for
bidding purposes, nor can it be reproduces, copied or used in the production of a sign without written permission from Springfield Sign & Graphics.
T h i s i s a n a r t i s t i c r e n d i t i o n a n d f i n a l c o l o r s / s i z e s m a y v a r y f r o m t h a t d e p i c t e d h e r e i n .
2020 Springfield Sign & Graphics Inc., Springfield Sign
DATE CREATED / REVISION HISTORY
04/16/24 - NEW
4/19/24 - Permitting
10/16/24 - Height to 6’
SALES PERSON:
MARK WESSELL
AO:
49669
DESIGNED BY:
J KROEGER
MB-DT-46
Standard Menu Board for Drive-
Thru Lane
LED Internal Illumination
POP Graphic panels must be
purchased separately
POPP-Out magnet access panels
included for easy in & out of POP
panels
“-CS” option for 160mph coastal
wind standards available
Locking rear access doors (4)
PANELS INDIVIDUAL V.O.
TOTAL = 38.39 SQ. FT.
99” FULL V.O.55-1/2” FULL V.O.Page 458 of 466
PROJECT # 24-0536R2 OWNER: CULVER'S
January 29, 2025 5102 TAMIAMI TRAIL
DRAWING # B1861508R NAPLES, FL 34113
WIND LOAD 40.476 PSF
WIND SPEED 170 MPH CLIENT: SPRINGFIELD SIGN
# COLUMNS 1 Florida Building Code 4825 E. KEARNEY ST.
DESIGNER GHK 8th Ed. (2023)SPRINGFIELD, MO
SHAPE CENTROID TOTAL
ITEM HEIGHT WIDTH FACTOR HEIGHT AREA FORCE MOMENT
======== ======== ======== ======== ======== ======= ======== ========
MENUBOARD 5.229 8.854 1.000 2.615 46.300 1.874 4.900
SKIRT 0.771 2.229 1.000 0.385 1.718 1.944 6.371
OAH 6.000
DL MOMENT 0.069
COLUMN CALCULATIONS (CODES P=PIPE;O=OTHER;T=TUBE)
DESIGN AVAILABLE
COLUMN COLUMN COLUMN Ixx MODULUS REQUIRED FLEXURAL
ITEM WIDTH DEPTH WALL COLUMN COLUMN MOMENT STRENGTH UNITY
= ======== ======== ======== ======== ======= ======== ======== ======== ========
P SKIRT 5.563 0.241 14.3 6.83 6.441 12.27 0.663
CAISSON
MOMENT 6.441 FT-KIP
FORCE 1.944 KIP
ASSUME SOIL CLASS #4 SW, SP, SM, SC, GM & GC
LATERAL BEARING PRESSURE - PSF/FT OF DEPTH 150.0 PSF/FT
S1 666.7
DEPTH 6.667 FT.
DIAMETER 2.000 FT.
3.314 FT.
3.411 FT.
CALCULATED DEPTH 5.608 FT.
MINIMUM THICKNESS WITHOUT REINFORCEMENT 21.235 IN.
ACTUAL DIAMETER 24.000 IN.
CONCRETE 0.776 CU. YD.
REFERENCE IBC 1807.3.2 & TABLE 1806.2
Page 459 of 466
Page 460 of 466
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)
at 1:00 P.M., December 11, 2025, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe
Drive, Room 609/610, Naples, FL 34104, to consider:
PETITION NO. SV-PL20250004411 – REQUEST FOR A VARIANCE FROM THE LAND
DEVELOPMENT CODE SECTION 5.06.04.F.5. WHICH ALLOWS FOR ONE MENU
SIGN WITH A MAXIMUM HEIGHT OF 6 FEET, MEASURED FROM THE DRIVE -
THRU LANE GRADE ADJACENT TO THE SIGN, AND PERMITS A MAXIMUM AREA
OF 64 SQUARE FEET PER DRIVE-THRU LANE, WITH A LIMIT OF TWO SIGNS PER
PARCEL, TO INSTEAD ALLOW AN ADDITIONAL MENU BOARD FOR A TOTAL OF
TWO SINGS IN ONE DRIVE-THRU LANE AT 5102 TAMIAMI TRAIL E, SABAL BAY
COMMERCIAL PLAT PHASE FOUR, TRACT M, SECTION 19, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
All interested parties are invited to appear and be heard. All materials used in presentation before the
Hearing Examiner will become a permanent part of the record.
Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier
County Growth Management Community Development Department, Zoning Division, 2800 North
Horseshoe Drive, Naples, FL 34104.
Page 461 of 466
As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such
final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances
within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by
the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be advise d that he/she
proceeds with construction at his/her own risk during this 30-day period. Any construction work completed
ahead of the approval authorization shall be at their own risk.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to
provide public comments remotely, as well as in person, during this proceeding. Individuals who would
like to participate remotely should register through the link provided within the specific event/meeting entry
on the Calendar of Events on the County website at www.collier.gov/Calendar-Events-directory events
after the agenda is posted on the County website. Registration should be done in advance of t he public
meeting, or any deadline specified within the public meeting notice. Individuals who register will receive
an email in advance of the public hearing detailing how they can participate remotely in this meeting.
Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for
technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or
email to Ray.Bellows@collier.gov.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2)
days prior to the meeting.
Andrew W. J. Dickman, Esq., AICP
Chief Hearing Examiner
Collier County, Florida
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1
Maria Estrada
From:Lora Trent <LoraM@springfieldsign.com>
Sent:Wednesday, November 19, 2025 3:47 PM
To:Maria Estrada
Subject:PL202500004411
Attachments:b7422edc-58ef-4b9a-994b-8f53ab143fcc.JPG; c5d549a8-60a8-49fc-bd71-
ed336d1503dc.JPG; c1638f7b-30c5-44c4-9dc5-d014540424c6.JPG;
da2d3228-77ee-4085-a598-b258e2e08b4a.JPG;
ddb289b5-0a9f-43ab-98aa-26750955b336.JPG;
e518e048-7c08-4929-998d-44b544e42b90.JPG; ec563254-3070-43d4-
a7f1-061483577634.JPG; fc05be66-c16d-4558-bf20-c8cf67c8d52a.JPG
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
Maria, here are the photos of the signs posted on the property. Please let me know if you
need anything else.
Lora Trent / Permit Department
Manager
loram@springfieldsign.com
Springfield Sign
Office: 417.862.2454
4825 E Kearney St | Springfield, MO
65803
springfieldsign.com
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any funds or sending account information via email, call the intended recipient at a phone number you know
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