Agenda 12/12/2017 Item #17C12/12/2017
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance No. 2005-19, the Carolina Village Planned Unit Development by
changing the name of the Planned Unit Development to Vanderbilt Commons PUD; by adding
50,000 square feet of gross leasable area for a total of 200,000 square feet of gross leasable area for
commercial uses; by decreasing the maximum number of dwelling units from 64 to 58 dwelling
units; by revising the legal description and reducing the acreage of the PUD from 15.88 acres to
14.49 acres; and providing an effective date. The subject property, consisting of 15.8+/- acres, is
located on the north side of Vanderbilt Beach Road and approximately 1/4 mile east of Collier
Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida [PUDA -
PL20150002166]. (This is a companion to Agenda Item 17.D)
OBJECTIVE: The Applicant requests amending the PUD document by changing the name of the
Planned Unit Development to Vanderbilt Commons PUD; by adding 50,000 square feet of gross leasable
area for a total of 200,000 square feet of gross leasable area for commercial uses; by decreasing the
maximum number of dwelling units from 64 to 58 dwelling units; by revising the legal description and
reducing the acreage of the PUD from 15.88 acres to 14.49 acres.
CONSIDERATIONS: The Carolina Village PUD was originally approved in 2005, as a residential over
commercial project. It has been amended several times over the years. The proposed amendment would
add additional commercial square-footage to the PUD.
FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help
offset the impacts on public facilities of each new development. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as needed to
maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the
requirements of concurrency management, the developer of every local development order approved by
Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with
the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees
collected prior to issuance of a building permit include building permit review fees. Finally, additional
revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the
value of the improvements. Please note that impact fees and taxes collected were not included in the
criteria used by staff and the CCPC to analyze this petition.
GROWTH MANAGEMENT IMPACT: The GMP is the prevailing document to support land use
decisions such as this proposed PUD Amendment application. Staff is required to make a
recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the
recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of
consistency with the FLUE and the FLUM designation is a portion of the overall finding that is required,
and Staff believes the petition is consistent with the Collier County GMP as discussed in the attached
CCPC Staff Report. Staff believes that the proposed Amendment may also be found consistent with the
Future Land Use Element, GMP Transportation Element and the Conservation and Coastal Management
Element. Therefore, Zoning staff recommends that the petition be found consistent with the goals,
objective and policies of the overall GMP.
LEGAL CONSIDERATIONS: This is a proposed amendment to the existing Carolina Village PUD
(Ordinance No. 2005-19), which will change the name of the PUD to Vanderbilt Commons, and increase
the gross leasable floor area of commercial development. The burden falls upon the applicant for the
12/12/2017
amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden
then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not
arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment
does not meet one or more of the listed criteria.
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist you in making a determination for approval
or not.
1. Consider: 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.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, 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? Findings and
recommendations of this type shall be made only after consultation with the County Attorney.
3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the
Growth Management Plan.
4. Consider: 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.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring
the adequacy of available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate
expansion.
8. Consider: Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications are justified
as meeting public purposes to a degree at least equivalent to literal application of such
regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and future
land use map and the elements of the Growth Management Plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed
amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change 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?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
12/12/2017
19. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance
with existing zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: 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.
25. Consider: The impact of development resulting from the proposed PUD rezone 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 [Code ch.106, art.II], as
amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that the
Board of County Commissioners shall deem important in the protection of the public health,
safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the written
materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies,
letters from interested persons and the oral testimony presented at the BCC hearing as these items relate
to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of
four for Board approval. (HFAC)
PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, sitting as the
Environmental Advisory Council (EAC) was not required to hear this petition.
The CCPC heard this petition and incorporated much information from the neighboring residences,
including:
A minimum of 700 square feet for residences;
No adult entertainment and/or sexually-oriented businesses;
Include SIC Code 7922 as a permitted use;
Outdoor sound is prohibited;
The definition of eating places is revised;
Hardware stores with a maximum of 10,000 square feet are permitted;
The process for comparable/compatible uses is revised;
Revise drinking places as an accessory to eating places;
Free-standing donation boxes are prohibited;
Public doors facing residences are prohibited;
Remove Deviation #2;
Minor grammatical changes.
A motion was made by Commissioner Schmidt, seconded by Commissioner Dearborn, and the CCPC
voted for approval unanimously (7-0).
RECOMMENDATION: Staff agrees with the recommendation of the CCPC, including the revisions
which have been incorporated into the attached PUD Document, and recommends approval of the
amendment to the Carolina Village, now Vanderbilt Commons PUD.
12/12/2017
Prepared by: Fred Reischl, AICP, Principal Planner, Zoning Division
ATTACHMENT(S)
1. 2016-09-14 VC NIM MEETING MINUTES (PDF)
2. Legal Ad - Agenda ID 4150 (PDF)
3. Ordinance - 110617 (PDF)
4. Staff Report (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 4150
Item Summary: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve an Ordinance amending Ordinance No. 2005-19, the Carolina Village Planned Unit Development
by changing the name of the Planned Unit Development to Vanderbilt Commons PUD; by adding 50,000
square feet of gross leasable area for a total of 200,000 square feet of gross leasable area for commercial
uses; by decreasing the maximum number of dwelling units from 64 to 58 dwelling units; by revising the
legal description and reducing the acreage of the PUD from 15.88 acres to 14.49 acres; and providing an
effective date. The subject property, consisting of 15.8+/- acres, is located on the north side of Vanderbilt
Beach Road and approximately 1/4 mile east of Collier Boulevard in Section 34, Township 48 South,
Range 26 East, Collier County, Florida [PUDA-PL20150002166]. (This is a companion to Agenda Item
17.D)
Meeting Date: 12/12/2017
Prepared by:
Title: Planner, Principal – Zoning
Name: Fred Reischl
11/08/2017 10:40 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
11/08/2017 10:40 AM
Approved By:
Review:
Zoning Michael Bosi Additional Reviewer Completed 11/13/2017 1:43 PM
Zoning Ray Bellows Additional Reviewer Completed 11/14/2017 4:00 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/14/2017 4:56 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/29/2017 3:13 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/01/2017 3:42 PM
Growth Management Department James French Deputy Department Head Review Completed 12/01/2017 5:03 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/04/2017 8:42 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/04/2017 11:03 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/04/2017 1:22 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/04/2017 3:01 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
www.davidsonengineering.com
Page 1 of 8
4365 Radio Road, Suite 201 ∙ Naples, FL 34104 ∙ P: (239) 434.6060 F: (239) 434.6084
M E M O R A N D U M
September 14, 2016
TO: Corby Schmidt, AICP – Collier County Growth Management
Fred Reischl, AICP – Collier County Growth Management
FROM: Jessica Harrelson, Senior Project Coordinator
REVIEWED BY: Frederick Hood, AICP, Senior Planner
RE: Vanderbilt Commons PUDA - PL20150002166; GMPA - PL20150002167 / CP-2015-2
Neighborhood Information Meeting – Meeting Notes
A Neighborhood Information Meeting was held on Wednesday, September 7th, 2016 at the Collier County
Vineyards Community Park, located at 6231 Arbor Blvd W, Naples, 34119. The following individuals
associated with the review and presentation of the project were present:
• Frederick Hood, Davidson Engineering, Inc.
• Josh Fruth, Davidson Engineering, Inc.
• Jessica Harrelson, Davidson Engineering, Inc.
• Jenna Woodward, Davidson Engineering, Inc.
• Megan Polk, Davidson Engineering, Inc.
• Bruce Anderson, Cheffy Passidomo
• Corby Schmidt, Collier County
• Fred Reischl, Collier County
Fred Hood started the meeting by making a presentation, reading the following:
Introduction:
o Good evening. My name is Fred Hood with Davidson Engineering. I am the land development
consultant representing the applicant Vanderbilt Commons, LLC for a Growth Management Plan
Amendment (GMPA) and a Planned Unit Development Amendment (PUDA) application.
o Per the land development code, tonight’s meeting will be recorded. At the end of my presentation I
will be happy to answer any questions you may have about the rezone.
Page 2 of 8
o Here with me tonight is Bruce Anderson with Cheffy Passidomo (our land use attorney and co-agent
for the PUDA and GMPA applications), Josh Fruth, Jenna Woodward and Jessica Harrelson with
Davidson Engineering (project engineers and project coordinator) and George Vuko with Welsh
Properties, the applicant and developer.
o Corby Schmidt and Fred Reischl with the Collier County Growth Management Department are also in
attendance tonight and are the reviewing planners for Collier County.
Size and Location:
o The subject property is approximately 14.5 acres and is located immediately north of Vanderbilt Beach
Road about 1/4 of a mile west of Collier Boulevard. The property has frontage along Vanderbilt Beach
Road, Pristine and Buckstone Drives; with internal access provided from Vanderbilt Way which bisects
the property per an existing and approved plat.
o Along the western boundary, there is developed and undeveloped property within the Falls of
Portofino residential development within the Wolf Creek RPUD zoning across the Pristine Drive right-
of way. Preserve for the Black Bear Ridge residential community, also within the Wolf Creek RPUD, is
situated along northern boundary of the subject property. To the immediate east is Buckstone Drive
with the commercially zoned and developed Mission Hills CPUD across the Buckstone right-of-way.
To the south of the subject property is Vanderbilt Beach Road right-of-way with Estates zoned
properties (developed and undeveloped) beyond.
Purpose of the GMPA and Rezone:
o As I noted earlier, there are two parts to the land use entitlement of the subject property.
o The Growth Management Plan describes the vision for the future of the County to ensure that all
lands are developed in a manner that makes sense and consistent with the goals and objectives that
Collier County has determined for its future.
o The PUD defines the development and design standards as well as the commitments outlined as part
of the zoning for the specific Vanderbilt Commons property.
o Because we are requesting to add the previously excluded land uses in the Vanderbilt Beach/Collier
Boulevard Commercial Subdistrict to the PUD (thereby making them permitted uses), not only do we
need to change the zoning, we are required to amend the future land use of the subject property. The
GMPA process is the application that allows that change to the future land use.
o The uses allowed in the current PUD are typically permitted in the C-3 and C-4 commercial Districts as
outlined by the LDC.
o Per the land development applications in for review with Collier County, the applicant is requesting
to make the following changes and or additions:
Page 3 of 8
Amend the future land use element to revise the Vanderbilt Beach/Collier Boulevard Commercial
Subdistrict of the Urban Mixed-Use District, identified in the Collier County Growth Management
Future Land Use Element, to remove an outdated development restriction imposed to address
transportation impacts that have been resolved;
Revise certain provisions specific to the 15.88-acre “expansion area” of the 49.33-acre Subdistrict;
Update the acreage in the PUD to show a reduction, from 15.88 acres to roughly 14.5 acres, to
reflect portions of Pristine & Buckstone Drive ROWs being deeded to Collier County;
Remove excluded uses to allow gas stations, convenience stores with gas pumps, fast food
restaurants with drive through lanes and tire stores;
Remove mixed residential-over-commercial uses;
To correct a scrivener’s error that omitted the previously approved square footage (150,000);
Add an additional 100,000 square feet (to the existing permitted 150,000 square feet) for the self-
storage land use;
And to include indoor self-storage as an allowed use.
Amending the Carolina Village MPUD to change the name of the PUD to “Vanderbilt Commons
CPUD”;
Replace the PUD master plan with an updated “conceptual master plan”;
Permit a deviation from Land Development Code (LDC) Section 5.03.02 H.1.b, in order to remove
the requirement to place a wall 4 feet in height a minimum of 3 feet from the rear of the right-of-
way landscape buffer line of Vanderbilt Beach Road; and
Reduce the 20-foot perimeter landscape buffers to the widths as required by the LDC as the
property is no longer 15 acres.
Impacts and Summary of the GMPA and Rezone:
o The land use and square footage additions to the PUD and GMP, as outlined previously, have been
analyzed through the traffic and utilities level of service studies provided to the County. It has been
shown that the proposed developable square footage, at build-out, is not significant or adverse from
a traffic generation or utilities consumption standpoint; and in some cases the impacts are less for the
available infrastructure at this location.
o The stormwater management system for the site has been approved by Collier County under
PL20150001453. Therefore, no level of service issues is created by either of the proposed site build-
out conditions with respect to surface water management.
Page 4 of 8
o The proposed development, upon completion, will be served by Collier County Public Utilities. The
previously proposed mixed-use development has been shown to be significantly higher than those
created by the maximum conceptually proposed commercially developed site. With the development
of a fully commercial development, less demands will be made on the existing water and sewer
systems.
o It should also be noted that these land use change requests do not propose revisions to the
development standards of the commercial use areas identified per the PUD document, with the
exception of the addition of development standards for the air conditioned and enclosed self-storage
facility. The addition of development standards have been added to the PUD document in place of
the residential standards; which are no longer applicable.
o The updated Conceptual Master Plan for both the rezone and the growth management plan
amendment, shows a development envelope for the property with required setbacks, buffers and on-
site native preservation as required by the Land Development Code and the existing PUD document.
o All required vehicular and pedestrian interconnections shall be adhered to with the development of
any future projects on the property subject of this application.
o The proposed self-storage and additional commercial land uses will result in increased development
options for the subject property but will not cause any detrimental level of service to the surrounding
area.
QUESTIONS:
1. The building under construction will be self-storage? Is it being built without the proposed
amendment?
Response: Fred explains the Comparable Use Determination and how the self-storage facility was
deemed comparable and compatible with the approved land uses within the existing PUD.
2. When was the additional 100,000 square feet added? Our community wasn’t made aware of the
additional square feet.
Response: Fred explains the scrivener’s error that occurred within the previous Growth
Management Plan Amendment.
3. Do you still have a line that will be connected into Black Bear Ridge’s (BBR) drainage system?
Response: Fred responded that a connection to the BBR’s drainage system is no longer proposed.
4. How will the site lighting be set up to not interfere with Black Bear Ridge?
Response: Fred uses the conceptual site plan to show the site and explains his current knowledge
of lighting on the site. He also explains that the back of the buildings will have wall-type sconces
Page 5 of 8
and not light poles.
5. What are you proposing to do about traffic control within the development? We’ve had a
problem with the private road being used as a “drag strip”.
Response: Fred and Josh Fruth both responded that typical traffic calming devices will be installed
along the private right of way (stop signs, etc.). Also, that once the properties develop the
opportunity for using the private right of way as a “drag strip” will no longer be available. Fred
also mentioned they may add speed bumps to the private road.
6. Residents expressed concerns with traffic controls and ingress/egress onto Vanderbilt. Are you
proposing a light at Buckstone?
Response: Fred stated that a traffic light is not proposed at Buckstone but instead being proposed
at Pristine. Fred also mentioned that out the County has plans to possibly close the access point
from Buckstone to Vanderbilt.
7. BBR residents expressed opposition for the additional uses proposed for the PUD and increasing
the intensity. The residents also expressed their concerns regarding traffic, safety, noise,
pollution, lights, taxes and the potential negative impacts to their property values. The residents
further inquired why the amendment is being requested?
Response: Fred replied that the developer is just looking for the opportunity to explore different
options.
8. Is there a specific tenant proposed at this time?
Response: Fred answered that just the zoning is being sought and there are no specific tenants at
this time.
9. What are the benefits to the BBR Community?
Response: Fred replied the additional land uses being sought.
10. Where will the reduced landscape buffers be and where will the wall be eliminated?
Response: Fred uses the conceptual site plan to indicate the landscape buffers and the location of
the wall deviation.
11. A resident requests information on why “neighboring properties” are responsible for a portion of
the roadway improvements.
Response: Fred explains the recorded Third-Party Cost Sharing Agreement that was previously
established.
12. Traffic control and issues were again discussed by several residents.
Page 6 of 8
13. Why is there a reduction in the landscape buffer being requested?
Response: Fred replied that it is no longer required because the site does not meet the criteria in
the Land Development Code for the buffer. He also states that it is the developer’s right to request
it.
14. Is there going to be an access road at the rear of the back lots/buildings? There is a road there
now.
Response: Fred answered that there is not an access road proposed in that location and explains
that the existing road is for construction purposes only. Plans for access along the rear of lots could
happen depending on the site development plan but are not proposed at this time. Fred uses the
conceptual site plan to show the currently approved access points to the site. Fred later explains,
per code, you have to be able to access three sides of the building.
Corby Schmidt requests that everyone speak one at a time.
15. Why is there a reduction in the acreage on the site?
Response: Fred explained the ROWs that were deeded to Collier County for both Buckstone and
Pristine reduced the acreage on the site.
16. Explanation of the scrivener’s error and when the PUD was approved? How was the self-storage
facility approved?
Response: Fred explained the 15.88 - expansion area of the GMP and the approved 150,000 square
feet that was omitted from the text language. Fred also explained the Comparable Use
Determination and that the self-storage facility was deemed comparable by Collier County, being
viewed as more of a retail establishment than an office use.
17. If you don’t get the approval for the additional square footage, does the self-storage facility take
up all of the retail space, only leaving office space square footage?
Response: Fred replied that was correct.
18. What are the next steps in the process and the timeframe?
Response: Fred and Corby explain the hearing processes and timelines for both the PUDA and
GMPA and the purpose of the Neighborhood Information Meeting.
19. If this is not approved, what will be the developer’s options for retail space? How much
remaining?
Response: Fred replied about 50,000 square feet of retail space remains currently on site.
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20. Are they selling parcels off or will there be a single owner?
Response: Fred uses the conceptual site plan to show the current plan of ownership/tenants.
21. Where are you going to have parking for the proposed two strip center buildings with the
proposed 16 units?
Response: Fred explained the parking standards for Collier County and how the site will meet the
standards.
22. How do we express our concerns in an organized fashion?
Response: Fred Reischl stated that emails, attendance to hearings, and phone calls would all be
ways to express concerns.
23. Will this project drag out?
Response: Fred replied that the developer is aggressively looking to develop the property.
24. Will the shopping centers have free standing units?
Response: Fred uses the conceptual site plan to indicate that there will be two separate buildings
for the shopping center.
25. Will these have retail on the first floor and offices on the second?
Response: Fred replies that the shopping centers are currently only proposed to be one story.
26. Will you look at the rear of the buildings when driving east on Vanderbilt?
Response: Fred responded that the front of the buildings would face Vanderbilt, and explains the
landscape buffers.
27. If this change is approved, there could be more than one drive-thru?
Response: Fred responds that there could potentially be more than one drive thru, but currently
only one is proposed.
28. Has the proposed daycare gone away?
Response: Fred replied that the daycare use has not been eliminated.
29. Is there a possibility of a movie theater?
Response: Fred responded that a movie theater is a possibility but not feasible at this time.
Page 8 of 8
30. Are the proposed changes lot specific?
Response: Fred answered that the changes are for the entire development.
31. Are there requirements for security cameras?
Response: Fred replied security cameras are not a requirement but could be installed.
32. Will the preserve remain?
Response: Fred answered the existing preserve will remain. He also explained the Type “A” landscape
buffer requirement.
33. What is a Type “A” buffer?
Response: Fred responded that he believed it was a 10-foot wide buffer with trees planted 30 feet on
center and no shrubs required.
34. What triggers the traffic study? (More discussion regarding concerns with traffic & safety).
Response: Fred replied that the residents need to contact Collier County regarding their concerns
about existing intersections and traffic issues. Fred Reischl also replied and directed the residents
to contact Collier County Staff with their concerns. Fred discusses the traffic impact statement that
was prepared for the existing PUD and the proposed PUDA.
35. What are all of the roadway improvements that are part of the shared costs?
Response: Fred responded that there is information on the costs within the third-party agreement.
36. Can you install a barrier of some sort along the back so we can’t see headlights?
Response: Fred replied that it would be looked at.
Fred Reischl spoke more about the purpose of the Neighborhood Information Meeting and why they were
instituted.
37. Is the recording of the meeting available to the public?
Response: The recording becomes part of the public record and will be available.
The meeting was adjourned at approximately 7:00p.m.
End of memo.
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40
NOTICE OF PUBLIC HEARING,
NOTICE OF INTENT TO CONSIDER ORDINANCES)
Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on December
12, 2017 commencing at 9:00 a.m., in the Board of County Commissioners Chamber, Third Floor, Collier County
Government Center, 3299 E. Tamiami Trail, Naples, FL
The purpose of the hearing is to consider:
AN ORDINANCE AMENDING ORDINANCE NO. 89-059 AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA9 SPECWICALLY
ERBILT BOULEVARD
AMENDING THE FUTURE LAND USE ELEMENT TO USE DISTRIVISE THE CT T ADD THE PREVIOUSLY REQUESTED
COMMERCIAL SUBDISTRICT OF THE URBAN MIXED
150,000 SQUARE FEET OF CONIlVIERCIAL LAND USES FOR THE 14.492 ACRE AACTO TRACT ISTING PETITIONER 000 SQUARE
2003-1; TO ADD 50,000 SQUARE FEET OF GROSS LEASABLE FLOG
FEET OF COMAMRCIAL LAND USES AND THE PREVIOUSLY REQUESTED 150,000 SF OF COM RRCIAL LAND
USES FOR A TOTAL OF 400,000 SQUARE FEET OF GROSS LEASABLE FLOOR AREA OF COMI MRC AMEND D
USES; TO REMOVE A DEVELOPMENT RESTRICTION RELATED
O THEPORTATION IM[PACTS; TO ADOPTEDAMENDMENTS TO THE
AND RE -ORDER THE TEXT; AND PROVIDING FOR TRAM PROVIDING
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; �R O�R.EINGAND LOCAT DBONITHE NORTHIDE OF
AN EFFECTIVE DATE. THE SUBJECT SUBDISTRICT IS 47.9
NANDERBILT BEACH ROAD AND APPROXIMATELY 1/4 MILE WEST OF COLLIER BOULEVARD IN SECTION 34,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20150002167]
AN ORDINANCE OF THE BOARD OF COUNTY CON DUSSIONERS OFOLLI R COUNTY,
BY FLORIDA
AMENDGING ING
ORDINANCE NO. 2005-19, THE CAROLINA VILLAGE PLANNED UNITDEVELOPMENT
SQU
NAME OF THE PLANNED UNIT DEVELOPMENT TO NANDERBILUCOOMMON PUD; BY
AD ASABLE HE
G 509OAREA 0 FO
FEET OF GROSS LEASABLE AREA FOR A TOTAL OF 200,000 SQA
COMNMRCIAL USES; BY DECREASING THE NUMBER OF DWELLING UNITS FROM 64 TO 58
DWELLING UNITS; BY REVISING THE LEGAL DESCRIPTION AND REDUCING THE ACREAGE OF THE PUD FROM
RO�A�LY
15.88 ACRES TO 14.49 ACRES; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPE,RCO
OF 15.8+/- ACRES, IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND
1/4 MILE EAST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. [PUDA-PL20150002166]
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PROJECT
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S
All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE(S) will be made available
for inspection at the GMD, Department, Zoning Division, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples,
8 between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, the materials will be made available
for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail,
Suite 401, Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed
to the Comprehensive Planning Section of the GMD Department, Zoning Division. Written comments filed with the Clerk to
the Board's Office prior to December 122 2017 will be read and considered at the public hearing.
If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to
any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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.
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 Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112-5356 (239) 252-8380, at least two days prior
to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
ND -1826069
November 22, 2017
L
ORDINANCE NO. 17 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2005-19, THE CAROLINA VILLAGE PLANNED UNIT
DEVELOPMENT BY CHANGING THE NAME OF THE PLANNED
UNIT DEVELOPMENT TO VANDERBILT COMMONS PUD; BY
ADDING 50,000 SQUARE FEET OF GROSS LEASABLE AREA FOR A
TOTAL OF 200,000 SQUARE FEET OF GROSS LEASABLE AREA
FOR COMMERCIAL USES; BY DECREASING THE MAXIMUM
NUMBER OF DWELLING UNITS FROM 64 TO 58 DWELLING
UNITS; BY REVISING THE LEGAL DESCRIPTION AND REDUCING
THE ACREAGE OF THE PUD FROM 15.88 ACRES TO 14.49 ACRES;
AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT
PROPERTY, CONSISTING OF 15.8+/- ACRES, IS LOCATED ON THE
NORTH SIDE OF VANDERBILT BEACH ROAD AND
APPROXIMATELY 1/4 MILE EAST OF COLLIER BOULEVARD IN
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. [PUDA-PL20150002166]
WHEREAS, on April 26, 2005, the Board of County Commissioners approved Ordinance
No. 2005-19, which established the Carolina Village Planned Unit Development (PUD); and
WHEREAS, Frederick Hood, AICP of Davidson Engineering, Inc. representing
Vanderbilt Commons, LLC, petitioned the Board of County Commissioners of Collier County,
Florida, to amend Ordinance 2005-19, the Carolina Village PUD, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendments to the PUD Document attached as Exhibit A to Ordinance
Number 2005-19, formerly the Carolina Village Planned Unit
Development.
The PUD Document attached as Exhibit A to Ordinance Number 2005-19, formerly the
Carolina Village Planned Unit Development, is hereby amended and replaced with the PUD
Document attached hereto as Exhibit A.
[16 -CPS -01577/1375824/1] 243 Page 1 of 2
Vanderbilt Commons /PUDA-PL20150002166
11/3/17
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2017- becomes
effective.
PASSED AND DULY ADOPTED by super -majority vote of the Board of County
Commissioners of Collier County, Florida, this day of 12017.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk
Approved as to form and legality:
L
Heidi Ashton-Cicko
Managing Assistant County Attorney
PENNY TAYLOR, Chairman
Attachment: Exhibit A — PUD Document (including Revised Master Plan)
[16 -CPS -01577/1375824/11243 Page 2 of 2
Vanderbilt Commons /PUDA-PL20150002166
11/3/17
CAROLINA VILLAGE MIXED USE PUD
VANDERBILT COMMONS
A MIXED USE PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE GAROLINA VILLAGE
VANDERBILT COMMONS MIXED USE PUD, A MIXED USE PLANNED UNIT DEVELOPMENT
PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE.
PREPARED FOR:
VANDERBILT COMMONS, LLC
2950 TAMIAMI TRAIL NORTH
NAPLES, FL 34103
GEORGE VUKOBRATOVICH
AS SUCCESSOR TRUSTEE OF THE VANDERBILT COMMONS I LAND TRUST DATED 8/1/16
C/O WELSH COMPANIES FL, INC.
2950 TAMIAMI TRAIL NORTH, SUITE 200
NAPLES, FL 34103
MIDGARD SELF -STORAGE NAPLES, LLC
1905 WOODSTOCK RD, BUILDING #900, SUITE #9100
ROSWELL, GA 30075
VANDERBILT COMMONS OWNER'S ASSOCIATION, INC.
C/O WELSH COMPANIES FL, INC.
2950 TAMIAMI TRAIL NORTH, SUITE 200
NAPLES, FL 34103
Vanderbilt Commons MPUD
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PREPARED BY:
j21rLJAQr-1 r-1 .,.
T.T. . .
. IT, 1 , . _ ,
. 1RE
a�
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Exhibit A
..,,.,4'
_.. .A M 11,1
IreqNs.
1 ft�TAW
M11
a+4
FREDERICK E. HOOD, AICP
DAVIDSON ENGINEERING
4365 RADIO ROAD, SUITE 201
NAPLES, FLORIDA 34104
and
R. BRUCE ANDERSON
CHEFFY PASSIDOMO, P.A.
8215TH AVENUE SOUTH
NAPLES, FLORIDA 34102
DATE FILED August 9, 2004
DATE REVISED April 9, 2005, October 6, 2017
DATE REVIEWED BY CCPC April 7, 2005, October 5, 2017
DATE APPROVED BCC April 26, 2005, December 12, 2017
ORDINANCE NUMBER 2005-19
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AMENDMENTS AND REPEAL
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_.. .A M 11,1
IreqNs.
FREDERICK E. HOOD, AICP
DAVIDSON ENGINEERING
4365 RADIO ROAD, SUITE 201
NAPLES, FLORIDA 34104
and
R. BRUCE ANDERSON
CHEFFY PASSIDOMO, P.A.
8215TH AVENUE SOUTH
NAPLES, FLORIDA 34102
DATE FILED August 9, 2004
DATE REVISED April 9, 2005, October 6, 2017
DATE REVIEWED BY CCPC April 7, 2005, October 5, 2017
DATE APPROVED BCC April 26, 2005, December 12, 2017
ORDINANCE NUMBER 2005-19
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AMENDMENTS AND REPEAL
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TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III MIXED USE AREA PLAN
SECTION IV PRESERVE AREA PLAN
SECTION V DEVELOPMENT COMMITMENTS
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-56
89
4417
4518
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LIST OF EXHIBITS AND TABLES
EXHIBIT "A" PUD MASTER PLAN/UTILITIES/WATER MANAGEMENT PLAN
EXHIBIT "B" CROSS SECTIONS FOR PUD MASTER PLAN
EXHIBIT "C" CAROLINA VILLAGE AGE VANDERBILT COMMONS LEGAL DESCRIPTION
EXHIBIT "D" LOCATION MAP
EXHIBIT "E" BOUNDARY SURVEY
TABLE I DEVELOPMENT STANDARDS
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STATEMENT OF COMPLIANCE
The development of approximately x.88-±14.49 acres of property in Collier County, as a Mixed Use
Planned Unit Development to be known as Vie -Vanderbilt Commons Mixed Use PUD will be
in compliance with the planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The commercial and residential facilities of the GaFeiina Viiiage Vanderbilt
Commons Mixed Use PUD will be consistent with the growth policies, land development regulations, and
applicable comprehensive planning objectives for the following reasons:
1. The subject property is within the 14.49 -Acre Expansion Area of the Vanderbilt Beach/Collier
Boulevard Commercial Subdistrict land use designation, as identified on the Future Land Use Map -and
as described in the Vanderbilt Beach/Collier Boulevard Commercial Sub -District of the Urban -Mixed
Use District in the Future Land Use Element. The Future Land Use Element permits commercial and
residential land uses in this area and this Mixed -Use PUD complies with both the commercial and
residential development standards within the Vanderbilt Beach/Collier Boulevard Commercial
Subdistrict Expansion Area.
2. The subject property's location in relation to existing or proposed community facilities and services
permits the development's commercial intensity as described in Objective 2 of the Future Land Use
Element,
3. The project development is compatible and complimentary to surrounding land uses as required in
Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable sections of the Collier County Land
Development Code as set forth in Objective 3 of the Future Land Use Element.
5. The project development will result in an efficient and economical allocation of community facilities
and services as required in Policy 3.1.G of the Future Land Use Element.
6. The project development is planned to protect the functioning of natural drainage features and
natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub -Element
of the Public Facilities Element.
7. The project is located within the UFIJaR Mixed Use DiStFi6t 14.49 - Acre Expansion Area of the,
Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, on the Future Land Use Map. The 64 58
proposed units over commercial uses and resultant density of 4.03 dwelling units per acre is in
compliance with the Future Land Use Element of the Growth Management Plan based on the
following relationships to required criteria:
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Maximum Permitted Density 16 dwelling units/acre
Maximum permitted units, per the Density Rating System of the Collier County Growth
Management Plan = 15.88 @GFes (Expansion AFea affeage) 14.49 acres x 16 dwelling units/acre =
2-54 231 as the maximum number of dwelling units at a maximum density of 15.99 15.94 dwelling
units/acre.
Requested Maximum Approved dwelling units= &4 58.
Requested density= 4.03 dwelling units/acre.
8. All final local development orders for this project are subject to Division 6.02, Adequate Public
Facilities Requirements. of the Collier County Land Development Code.
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SECTION
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project
name of GaF9liAa Village-yanderlAt Commons Mixed Use PUD.
1.2 LEGAL DESCRIPTION
The subject property being 15.88 X14.49 acres, is located in Section 34, Township 48 South, Range
26 East, and is fully described on Exhibit "C".
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Vanderbilt Commons, LLC
2950 Tamiami Trail North
Naples, FL 34103
George Vukobratovich, as Successor Trustee of the Vanderbilt Commons I Land Trust
dated 8/1/16
c/o Welsh Companies FL, Inc.
2950 Tamiami Trail North, Suite 200
Naples, FL 34103
Midgard Self -Storage Naples, LLC
1905 Woodstock Rd, Building #900, Suite #9100
Roswell, GA 30075
Vanderbilt Commons Owner's Association, Inc.
c/o Welsh Companies FL, Inc.
2950 Tamiami Trail North, Suite 200
Naples, FL 34103
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1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the north side of Vanderbilt Beach Road approximately
one-quarter mile west of Collier Boulevard (unincorporated Collier County), Florida.
B. The zoning classification of the subject property prior to the date of this approved Mixed Use
PUD Document was Rural Agricultural.
1.5 PHYSICAL DESCRIPTION
The Project site is located within the Harvey Drainage Basin, according to the Collier County
Drainage Atlas. The proposed outfall for the Project is to the Vanderbilt Canal.
Natural ground elevation varies from 12.3 to 13.2 NGVO; average site elevation is about 12.6
NGVO. The entire site is located within FEMA Flood Zone "X" with no base flood elevation
specified.
The water management system of the Project will include the construction of a perimeter berm
with crest elevation set at or above the 25 -year. 3 -day peak flood stage. Water quality
pretreatment will be accomplished by an on-site lake system prior to discharge south into the
Vanderbilt Canal or discharge north into the Black Bear Ridge Subdivision water management
system and eventual southerly discharge into the Vanderbilt Canal.
The water management system will be permitted by the South Florida Water Management
District (SFWMD) through the Environmental Resource Permit process. All rules and regulations
of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with
a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline,
perimeter berm and finished floor elevations, water quality pre-treatment. and wetland
hydrology maintenance.
Per the Natural Resource Conservation Service Soils Mapping for Collier County dated January
1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand. Limestone
Substratum.
Site vegetation consists predominantly of improved pasture grasses, except a narrow strip of
native vegetation along the north property line which is pine cypress- cabbage palm forest.
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4
1.6 PROJECT DESCRIPTION
The C-aFei+aa-Village Vanderbilt Commons Mixed Use PUD is a project comprised of 15.88!k14.49
acres designated for commercial and residential land uses and the commercial uses are limited to
a maximum of 159000 200,000 square feet of gross leasable area and the residential land uses
are limited to a maximum of 6458 dwelling units. The remainder of the square footage may for
retail and office land uses and all residential dwelling units shall be located in mixed-use buildings
with commercial uses situated on at least the first floor. Commercial and residential land uses and
signage are designed to be harmonious with one another in a natural setting by using common
architecture, quality screening/buffering. and native vegetation, whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the XaF91ina Village Mixed Use PlanAPA '-I R
Deyelepment " "Vanderbilt Commons Mixed Use Planned Unit Development
Ordinance".
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of development,
relationships to applicable County ordinances, the respective land uses of the tracts included in
the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of theQrel+na-V+llaVanderbilt Commons Mixed Use PUD
shall be in accordance with the contents of this document, MPUD - Mixed Use Planned Unit
Development District and other applicable sections and parts of the Collier County Land
Development Code and Growth Management Plan in effect at the time of building permit
application. Where these regulations fail to provide developmental standards, then the
provisions of the most similar district in the Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in the Collier County Land Development Code in effect at the time of building permit
application.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of the GaFelina Village Vanderbilt Commons Mixed Use PUD shall become part
of the regulations, which govern the manner in which the MPUD site may be developed.
D. Unless modified, waived or excepted by this MPUD the provisions of other land development
codes where applicable remain in full force and effect with respect to the development of the
land which comprises this MPUD.
E. Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division 6.02 Adequate Public Facilities Requirements of the
Collier County Land Development Code at the earliest, or next, to occur of either Final Site
Development Plan approval, Final Plat approval, or building permit issuance applicable to this
development.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A. Commercial uses are limited to 15.88 14.49 acres with a maximum of 150,000 200,000 square
feet of gross leasable area. Rfesidential uses are limited to a maximum of 6458 dwelling units
and must be located on the second and/or third floors of mixed use buildings with
commercial uses on at least the first floor. Vanderbilt Commons Mixed Use
PUD is intended to create a pedestrian -friendly atmosphere that encourages area residents
to work and shop there and on-site workers to walk to other services, such as having lunch
within the project.
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The maximum of 64 58 residential units will not exceed a density of 4.03 units/per acre.
The project is shown as 2 tracts, a "North Tract" located north of Carolina Way (the east -west
roadway splitting the site) and a "South Tract" located south of Carolina Way. The South Tract is
expected to be more retail -oriented with a sit-down restaurant, a bank, and a few residential uses.
The North Tract is expected to be more office and service-oriented. The North Tract will likely
have both medical and professional offices and some residential uses.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the MPUD,
final plans of all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the PUD Master Plan, the Collier
County Subdivision Code and the platting laws of the State of Florida.
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent
to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be
submitted for the entire area covered by the PUD Master Plan. Any division of the property
and the development of the land shall be in compliance with the PUD Master Plan, Division
4.03 Subdivision Design and Layout of the Land Development Code, and the platting laws of
the State of Florida.
C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code,
when applicable, shall apply to the development of all platted tracts, or parcels of land as
provided in said Section 10.02.03 prior to the issuance of a building permit or other
development order.
D. Appropriate instruments will be provided at the time of infrastructural improvements
regarding any dedications to Collier County and the methodology for providing perpetual
maintenance of common facilities.
2.5 SALES/RENTAL/CONSTRUCTION FACILITIES
Temporary sales/rental trailers and construction trailers can be placed on the site after Site
Development Plan approval and prior to the recording of Subdivision Plats, subject to the other
requirements of Section 5.04.04 of the Land Development Code.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development Code.
Section 10.02.13E.
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2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or amenities whose ownership and
maintenance responsibility is a common interest to all of the subsequent purchasers of property
within said development in which the common interest is located, that developer entity shall
provide appropriate legal instruments for the establishment of a Property Owners Association
whose function shall include provisions for the perpetual care and maintenance of all common
facilities and open space.
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SECTION III
MIXED USE AREA PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the Mixed -Use Areas
as shown on Exhibit "A", PUD Master Plan.
3.2 GENERAL DESCRIPTION
Areas designated as Mixed Use Areas on the PUD Master Plan are intended to provide a variety
of retail uses and office uses while providing for the opportunity of having residential uses on the
second and/or third floor of mixed use buildings, that have commercial uses on at least the first
floor. Commercial Areas are limited to a maximum gross leasable area of 150,000 200,000 square
feet and residential uses are limited to a maximum of 6458 dwelling units.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or
part. for other than the following:
A. Permitted Commercial Principal Uses and Structures:
1. Amusement and Recreation Services (gFeUPs SIC 7911, except dance halls and
discotheques, 7922, 7991,
7999 only for bicycle rental, iee SkatiAg FiAk epeFati9A,
gymnastics instruction, iudo instruction,
karate instruction and Volta instruction).
2. Apparel and Accessory Stores (g5 SIC 5611— 5699 except thrift and or surplus stores).
U. Paint, Glass, and Wallpaper Stores (gip SIC 5231).
64. Business Services (gFeaffs SIC 7311, 7313,7323, 7331 — 7338, 7361, 7371 — 7379, 7384,
7389 only for service of interior decorating/design, mapmaking, notary public, paralegal
service, and Postal Service contract stations).
�5. Depository and Non -Depository Institutions (@Feeps SIC 6021-61996091).
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86. Eating Places (group SIC 5812) and Drinking Places (gip SIC 5813 only cocktail lounges
and on -premise consumption of beer, wine and liquor, in conjunction with a restaurant.)
No freestanding food stands and or kiosks are permitted. Drinking Places are subject to
the locational restrictions described in Section 2.6.19 5.05.01 of the Land Development
Code.
a. Lots 5 & 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat
Book 60, Page 31 of the Public Records of Collier County) shall have the following
limitations:
I. No outdoor seating shall be permitted:
ii. The hours of operation for any eating place shall be limited to 6 a.m. - 4 p.m.;
iii. Loading and deliveries shall be from the front entrance only; and
iv. The consumption of alcohol is not permitted on these Lots.
97, Educational Services (greeps SIC 8211 - 82338222, 8243 - 8249, 8299 (Re-Feg+eRal
tibraFies).
308. Food Stores with 5,000 square feet or less of gross floor area in the principal structure
(greUps SIC 5411- 5499).
339. General Merchandise Stores with 5,000 square feet or less of gross floor area in the
principal structure (greUps SIC 5311 and 5399 except variety stores: single -price point
discount, surplus, overstock or liquidation outlets).
10. Hardware stores with 10,000 square feet or less of gross floor area in the principal
structure (SIC 5251).
3411. Health Services (greeps SIC 8011- 8049, 8082).
3312. Home Furniture, Furnishings and Equipment Stores (greaps SIC 5712-5736).
3413. Insurance Carriers, Agents, Brokers, and Services with 5,000 square feet or less of gross
floor area in the principal structure (gfeeps SIC 6311- 6399, 6411).
3514. Legal Services (greUp SIC 8111).
3615. Membership Organizations (g*eeps SIC 8611, 8621, 8641-8661 only for offices related to
relip,ious organizations).
3416. Miscellaneous Repair (groups SIC 7622, 7629, 7631, 7699 only bicycle repair, camera
repair, locksmiths, luggage repair, medical/dental instrument repair, musical instrument
repair, piano repair, saw/knife sharpening service, and custom picture framing).
3817. Miscellaneous Retail (greups SIC 5912, 5921, 5932 kantiques only}, 5941 - 5949, 5961,
39962, 5992, 5994 - 5999 (except auction rooms, awning shops, fireworks, flea markets,
gravestones, hot tubs, monuments, pawn shops, sales barns, swimming pools,
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tombstones and whirlpool baths). {The sale of swimming pool accessories and supplies is
allowable under SIC 5999 but not the sale of swimming pools}.
218. Museums and Art Galleries (gam SIC 8412).
.2419. Personal Services (gip SIC 7212 only dry-cleaning and laundry drop off and pickup
stations ems, 7221 — 7251, 7291, 7299 (only car title and tag service, diet workshops,
tuxedo rental, massage-paFlef, and tanning salon).
2520. Professional Offices, Research, and Management Consulting Services (gds SIC 8711-
8743, 8748).
.2-321. Public Administration (gFOUPs SIC 9111— 9199, 9229, 9311, 9411--9451 and 9431, 9511
— 9532, 9611— 9661, 9221).
2422. Real Estate Agents and Managers (gds SIC 6512, 6531 — 6552).
.1423. Security and Commodity Dealers (gds SIC 6211-6289).
2-624. Social Services (gam SIC 8322 only adult day care services, counseling services, and
senior citizens associations, 8351).
2-725. Travel Agencies (gF9Up SIC 4724).
2526. Any other use which is comparable and compatible in nature with the foregoing list of
permitted principal and the accessory uses, as rescribed by the LDC, shall be heard by
the Board of Zoning Appeals (BZA). Prior to the approval of any uses, the applicant shall
provide public notice in addition to an advertisement for the hearing which shall include
a neighborhood information meeting, mailings and signage in the same manner as that
required for substantial amendments to a Planned Unit Development.
B. Permitted Residential Principal Uses and Structures:
1. Multi -Family dwellings.
2. Any other use which is comparable in nature with the foregoing list of permitted principal
and the accessory uses by the Board of Zoning Appeals (BZA).
C. Accessory Commercial Uses:
Uses and structures that are accessory and incidental to the Permitted Uses within this
PUD Document.
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32. Caretaker's residences subject to Section 5.03:05 of the Collier County Land Development
Code.
D. Accessory Residential Uses:
1. Customary residential accessory uses and structures including carports, garages, and
storage buildings.
2. Recreational. uses and facilities including swimming pools, hot tubs, volleyball courts,
children's playground areas, tot lots, walking paths, picnic areas, clubhouse, verandahs,
and basketball/shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and model units.
4. Gatehouse.
S. Essential services, including interim and permanent utility and maintenance facilities.
6. Carports are permitted within parking areas.
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3_4 PROHIBITED USES
1. Auto stores (SIC 5531, tire dealers, and tire, battery, and accessory dealers — retail, and
auto supply stores with service bays, lifts or other facilities for installing such automotive
Parts .
2. Gasoline service stations, and other facilities with fuel pumps (SIC 5541).
3. Fast food restaurants with drive-through lanes.
4. Any freestanding donation boxes/kiosks.
5. Outdoor amplified sound devices, televisions or live entertainment, with the exception
for approved temporary use/event permits as outlined in LDC Section 5.04.01.
6. Adult entertainment and sexually oriented businesses
7. Lots 5 & 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book
60 Page 31 of the Public Records of Collier County) shall not provide main public access
entryways along the northern facades of any proposed building.
3.45 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the GaFelina Village
Vanderbilt Commons Mixed Use PUD. Front yard setbacks in Table I shall be measured as
follows:
1. If the parcel is served by a public or private right-of-way, the setback is measured from the
adjacent right-of-way line.
2. If the parcel is served by a non -platted private drive, the setback is measured from the back
of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is
measured from the road easement or property line.
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TABLE
MIXED USE DEVELOPMENT STANDARDS
The table below sets forth the development standards for land uses within the Vanderbilt Commons
MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the
LDC in effect as of the date of approval of the SDP or subdivision plat
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COMMERCIAL USES
RESIDENTIAL
USES
Minimum Lot Area
10,000 Sq-Ftr square feet
SGW OR FiFSt 10,000 square feet
Minimum Lot Width
75= feet (1)
SC61 en FiFSt PleeF 75 feet 1
Front Yard Setback
20= feet
20 feet
Side Yard Setback (2)
1 -Story
6L feet
SG61 en PiFSt PleeF 6 feet
2 -Story
7.5= feet
SGU en FiFSt PI 7.5 feet
3 -Story
10' feet
10 feet
Rear Yard Setback
Principal Structure
15= feet
SGU on FmFst FleeF 15 feet
Accessory Structure
10=feet
10=feet
PUD Boundary Setback
Principal Structure
BH
BH
Accessory Structure
10= feet or buffer width
10= feet or buffer width
Lake Setback (3)
20' feet or 0' feet
20= feet or 0' feet
Preserve Area Setback
Principal Structure
25= feet
25= feet
Accessory Structures or
Other Site Alterations
10=feet
10- feet
Distance Between Structures
Main/Principal
1 -Story to 1 -Story
12 -'feet
4-X 13.5 feet
1 -Story to 2 -Story
13.5=feet
43-5 15 feet
2 -Story to 2 -Story
feet
4S-17.5 feet
2 -Story to 3 -Story
-15L
17.5'- feet
44:5= 20 feet
3 -Story to 3 -Story
20= feet
2& 12 feet
Accessory Structures
Same as principal structure
Same as principal structure
Maximum Height (4)
Retail Building
35 feet and 1 -story
N/A
Office Building
42 feet and 3 -stories
N/A
Accessory Building
35 feet
35 -'feet
Mixed -Use Building (4)
45 --feet and 3 -stories
45L feet and 3 -stories
Minimum Floor Area
700 square feet of principal
structure on first habitable
floor
SN700 square feet per dwelling unit
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(1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%.
(2) Where fee simple lots are created for each building unit no side yard shall be required between
interior units of a unified principal structure. and the side yard shall be measured from the exterior
wall(s) of the unified principal structure.
(3) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be
reduced from 20' to O' where a stemwall bulkhead or pier is constructed and the requirements of Section
4.02 05 of the LDC are met.
(4) Retail uses are limited to the first floor of any building residential uses are limited to the second and
third floors of mixed-use buildings (structures with retail or office uses on the first floor and office or
residential uses on the second and third floors)
Note 'BH" refers to building height_ " "
Off -Street Parkins and Loading Requirements:
As required by Division 4.05 Off -Street Parking and Loading of the Land Development Code in
effect at the time of building permit application. Off-site parking is permitted where a shared
parking facility is located within 300 feet of the building requiring such parking.
C. Buffering Requirements:
A minimum twenty (20) foot wide Type "D" Buffer shall be provided along Vanderbilt Beach
Road, with the landscaping as required in Section 4.06.02 of the Collier County Land
Development Code.
D. Commercial Design Standards
The project shall meet the commercial design standards within Division 5.05.08 of the Collier
County Land Development Code.
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E. Deviations
Deviation from Land Development Code (LDC) Section 5.06.04.G . . .,+R erderte
to allow one double-faced off -premises sign with a
maximum of 8 feet in height and 32 64 square feet in area, located in the road right-of-way
Plage (labeled Pristine
Drive on Exhibit "A") and ^^ the vosest side 9f the
adyeFt+sinff. The sign will be limited exelusiyely to no more than 3 residential developments
within the abutting Wolf Creek PUD. The proposed sign must meet all vehicular safety sight
distance standards for Collier County and have a minimum 10 -foot setback from the
Vanderbilt Beach Road right-of-way, . The
proposed sign must be externally illuminated only. lighted and not inteMally Ii.ghted. T+s
haviRg the sign 1991(iRg ow of halanee if it were IeGated selely en the western half of the
Fesidential pFejeets. Once Pristine Drive is accepted by the Board of County Commissioners
as a public road, any structural changes to the sign shall require a right-of-way permit. The
signage shall be perpetually maintained by the homeowner's associations of the
developments named on the sign. The County at any time after the road becomes public
may require the sign to be relocated for road expansion or to address capacity or safety
issues.
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SECTION IV
PRESERVE AREA PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the Preserve Areas
as shown on Exhibit "A," PUD Master Plan, as may be amended pursuant to Section 5.3.
4.2 PERMITIED USES
No building, structure or part thereof, shall be erected, altered or used, or land used, in whole
or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
3. Native preserves and wildlife sanctuaries.
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SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development of this project.
5.2 GENERAL
A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final
Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to
this MPUD, in effect at the time of building permit application.
B. Except where specifically noted or stated otherwise, the standards and specifications of the
Collier County Land Development Code shall apply to this project even if the land within the
MPUD is not to be platted. The developer, his successor and assigns, shall be responsible for
the commitments outlined in this document.
C. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations
of this MPUD as adopted and any other conditions or modifications as may be agreed to in
the rezoning of the property. In addition, any successor in title or assignee is subject to the
commitments within this Agreement.
5.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in
nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be
construed to be final and may be varied at any subsequent approval phase such as Final
Platting or Site Development Plan approval. Subject to the provisions of Section 10.02.13E. of
the Collier County Land Development Code, amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
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5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
Seet4en 10.02.13D. ef the 6and Develepment Cede. The th*Fd anR*YeFSaFy date ef this A411211P
One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until
close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval, the Managing
Entity is The Vanderbilt Commons Owner's Association, Inc. Should the Managing Entity
desire to transfer the monitoring and commitments to a successor entity, then it must provide
a copy of a legally binding document that needs to be approved for legal sufficiency by the
County Attorney. After such approval, the Managing Entity will be released of its obligations
upon written approval of the transfer by County staff, and the successor entity shall become
the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide
written notice to County that includes an acknowledgement of the commitments required by
the PUD by the new owner and the new owner's agreement to comply with the Commitments
through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility
under this Section. When the PUD is closed -out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of PUD commitments.
5.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at the time final
construction documents are submitted for development approval.
B. Design and construction of all improvements shall be subject to compliance with appropriate
provisions of the Collier County Land Development Code, Division 4.03 Subdivision Design and
Layout.
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5.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit
Application shall be sent to Collier County Development Services with the SDP submittal.
B. A copy of the SFWMD Surface Water Permit, SFWMD Right -of -Way Permit, and SFWMD
Discharge Permit shall be submitted prior to Final Site Development Plan Approval.
C. An Excavation Permit will be required for any proposed lake(s) in accordance with Collier
County and SFWMD rules.
D. Lake setbacks from the perimeter of the MPUD maybe reduced to twenty-five (25) feet where
a six (6) foot high fence or suitable substantial barrier is erected.
5.7 UTILITIES
X Water distribution, sewage collection and transmission and interim water and/or sewage
treatment facilities to serve the project are to be designed, constructed, conveyed, owned
and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and
other applicable County rules and regulations.
5.8 TRAFFIC
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A. 6 Adjacent developments have been designed to provide shared access or interconnections
with this development. The PUD Master Plan indicates these locations. The developer, or
assigns, shall assure that any such shared access or interconnection is utilized and shall
accommodate the perpetual use of such access by incorporating appropriate language into
the development covenants or plat.
UUM
IMMIT
..
. &NM
A. 6 Adjacent developments have been designed to provide shared access or interconnections
with this development. The PUD Master Plan indicates these locations. The developer, or
assigns, shall assure that any such shared access or interconnection is utilized and shall
accommodate the perpetual use of such access by incorporating appropriate language into
the development covenants or plat.
UUM
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IMMIT
..
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B. A west bound right turn lane on Vanderbilt Beach Road, at the intersection of Pristine Drive
and Vanderbilt Beach Road, shall be constructed by the Owner(s) prior to the certificates of
occupancy for any building within Lot 3, as shown on the Vanderbilt Commons Subdivision
Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County.
C. An east bound left turn lane on Vanderbilt Beach Road at the intersection of Pristine Drive
and Vanderbilt Beach Road, shall be constructed by the Owner(s) at the earliest of either the
granting of the certificates of occupancy for any building within Lots 5 and or 6 (as shown on
the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public
Records of Collier County) or within five years of the adoption of this PUD amendment.
D. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may
not exceed 547 PM Peak Hour, two-way trips (total external with pass -by trips subtracted).
E. Access to all parcels within the Vanderbilt Commons Subdivision Plat, recorded in Plat Book
60, Page 31 of the Public Records of Collier County, or as amended, shall be from Vanderbilt
Way.
F. No public access or circulation drives shall be provided to, from or within lots 4, 5 and 6 (as
shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the
Public Records of Collier County) between the northernmost property boundary lines (shared
boundary with Black Bear Ridge of the Wolf Creek PUD) and the northernmost structures
(governed by their PUD setbacks) of the identified lots.
G. Nothing in this PUD shall have any effect upon the obligations under any private agreements.
5.9 PLANNING
Pursuant to Section. 2.03.07E. of the Land Development Code, if during the course of site
clearing, excavation or other construction activity a historic or archaeological artifact is found,
all development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
5.10 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by Environmental Services Staff.
All conservation/preservation areas shall be designated as Preserve on all construction plans,
and shall be recorded on the plat as a separate tract or easement with protective covenants
per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on
the plat to the project's homeowners association or like entity for ownership and
maintenance responsibilities and to Collier County with no responsibility for maintenance.
Buffers shall be provided in accordance with Section 3.05.07 of the Collier County Land
Development Code.
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22
In the event the project does not require platting, all conservation areas shall be recorded as
conservation/preservation tracts or easements dedicated to Collier County with no
responsibility for maintenance and subject to the uses and limitations similar to or as per
Section 704.06 of the Florida Statutes.
C. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site,
with emphasis on the conservation/preservation areas, shall be submitted to Current
Planning Environmental Staff for review and approval prior to Final Site Development
Plan/Construction Plan approval.
D. Any perimeter berms, shall be entirely outside of all upland and wetland preserve areas.
E. A minimum of 0.17 acres of native vegetation shall be preserved on-site, including all 3 strata.
and emphasizing the largest contiguous area possible. If created preserves will be used to
make up any of the acreage, the landscape plans shall re-create the native plant community
din accordance with Section 3.05.07 of the Collier County Land Development Code) shall be
submitted with the First Development Order submittal for review and approval.
F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall
be removed from within preserve areas and subsequent annual removal of these plants (in
perpetuity) shall be the responsibility of the property owner.
G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior
to site/construction plan approval identifying methods to address treatment of invasive
exotic species, fire management, and maintenance.
H. This MPUD shall be consistent with the Environmental Section of the GMP Conservation and
Coastal Management Element and the Land Development Code at the time of final
development order approval.
I. This MPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to
protected species. A Habitat Management Plan for those species shall be submitted to
environmental review staff for review and approval prior to Site Plan approval.
J. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site
Plan/Construction Plan approval.
5.11 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of
the principal structure except for a temporary construction site office or temporary sales/rental
facility.
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23
5.12 SIGNS
Signs for this mixed-use project shall be permitted as described in Section 5.06 of the Collier
County Land Development Code.
5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Chapter 4 of the Collier
County Land Development Code in effect at the time of building permit application.
5.14 POLLING PLACES
Pursuant to Section 4.07.06 of the Land Development Code provision shall be made for the future
use of building space within common areas for the purposes of accommodating the function of
an electoral polling place.
An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County,
which shall be binding upon any and all successors in interest that acquire ownership of such
common areas including, but not limited to: condominium associations, homeowners'
associations, or tenants' associations. This agreement shall provide for said community
recreation/public building/public room or similar common facility to be used for a polling place if
determined to be necessary by the Supervisor of Elections.
5.15 LIGHTING
Lighting provided at the rear of any building and structure adjacent to the Black Bear Ridge
Subdivision, for development on lots 5 and 6, (as shown on the Vanderbilt Commons Subdivision
Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) shall be in the form
of shielded structure mounted sconces. These shielded structures shall be placed no higher than
10 -feet measured from finished floor of the building or structure. The areas identified shall be
free of "pole lighting".
5.16 ADDITIONAL SCREENING
Owner(s) shall construct a 6 -foot wall at the rear of lots 5 and 6: abutting the Black Bear Ridge
Subdivision (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60,
Page 31 of the Public Records of Collier County). No wall will be located along Tract C, the Preserve
Area.
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24
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Exhibit "C"
Carolina Village
Legal Description
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 34,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT
VANDERBILT BEACH ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°46'10" WEST,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A
DISTANCE OF 1,322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH
02014'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD. A 175 FOOT WIDE RIGHT-OF-WAY,
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE NORTH 02°14'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF
THE SOUTHEAST 1/4 OF SAID SECTION 34. FOR A DISTANCE OF 523.93 FEET TO THE
NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 34; THENCE RUN NORTH 89°47'36" WEST, ALONG THE NORTH LINE
OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION
34, FOR A DISTANCE OF 1,322.04 FEET TO THE NORTHWEST CORNER OF THE SOUTH
1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN
SOUTH 02013'26" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.38 FEET TO A POINT ON
THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD; THENCE RUN
SOUTH 89046'10" EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT
BEACH ROAD, FOR A DISTANCE OF 1,322.20 FEET TO THE POINT OF BEGINNING, -
CONTAINING 15.879 ACRES, MORE OR LESS.
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STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION — ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 5, 2017
SUBJECT: PUDA-PL201500002166 VANDERBILT COMMONS PUD
FKA: CAROLINA VILLAGE
COMPANION TO GMP-PL20150002167
PROPERTY OWNER APPLICANT & AGENT:
Vanderbilt Commons, LLC:
c/o Welsh Companies FL, Inc.
2950 Tamiami Trail North, Suite 200
Naples, FL 34103
REQUESTED ACTION:
Agents:
R. Bruce Anderson, Esq.
Cheffy Passidomo
821 5t" Avenue South
Naples, FL 34102
Fred Hood, AICP
Davidson Engineering, Inc.
4365 radio Road, Suite
Naples, FL 34104
The Applicant requests amending the PUD document by changing the name of the Planned Unit
Development to Vanderbilt Commons PUD; by adding 50,000 square feet of gross leasable area
for a total of 200,000 square feet of gross leasable area for commercial uses; by decreasing the
maximum number of dwelling units from 64 to 58 dwelling units; by revising the legal
description and reducing the acreage of the PUD from 15.88 acres to 14.49 acres
GEOGRAPHIC LOCATION:
The subject property is located in the northwest corner of the intersection of Collier Boulevard (CR -951)
and Vanderbilt Beach Road. Within the Briarwood PUD, the commercial tract is 15.99 acres of the
209.17—acre PUD (see Location Map on the following page).
PURPOSE AND DESCRIPTION OF PROJECT:
The Carolina Village PUD was originally approved in 2005, as a residential over commercial project. It
has been amended several times over the years. The proposed amendment would add additional
commercial square -footage to the PUD.
Vanderbilt Commons PUD, PUDA-PL20150002166 Page 1 of 10
October 5, 2017 CCPC
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SURROUNDING LAND USE AND ZONING:
Subject: Carolina Village PUD; density: current 4.03 DU/A; proposed: 4.03 DU/A
North: Wolf Creek RPUD; density: 3.99 DU/A
East: Buckstone Drive ROW, across from which is Mission Hills PUD, with commercial uses
South: Vanderbilt Beach Road ROW, across from which is Golden Gate Estates Unit 19; (E);
density: 1 DU/2.25 Acre
West: Pristine Drive ROW, across from which is Wolf Creek RPUD; density 3.99 DU/A
Aerial Photo (Google)
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Staff has determined that the proposed PUD Amendment is consistent with the Future Land Use Element
(FLUE), Conservation and Coastal Management Element, and the Transportation Element of the Growth
Management Plan. (Please see the staff report for the amendment for the subdistrict for additional details).
STAFF NALYSIS:
Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which
a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5, Planning
Commission Hearing and Recommendation (commonly referred to as the "PUD Findings"), and
Subsection, 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone
Findings"), which establish the legal basis to support the Collier County Planning Commission's (CCPC)
recommendation. The CCPC uses these same criteria as the basis for its recommendation to the Board,
Vanderbilt Commons PUD, PUDA-PL20150002166 Page 3 of 10
October 5, 2017 CCPC
who in turn use the criteria to support its action on the rezoning request. An evaluation relative to these
subsections is discussed below. In addition, staff offers the following analysis.
Environmental Review: Environmental Planning staff has reviewed the petition and the PUD Document
for environmental sufficiency. This project does not require review by the Environmental Advisory
Council (EAC) since the project did not meet the EAC scope of land development project reviews as
identified in Section 2-1193 of the Collier County Code of Laws and Ordinances.
Transportation Review: The property is bounded on the south by Vanderbilt Beach Road.
Transportation staff reviewed the PUDA and found that the Level of Service continues to be acceptable.
Zoning Review: The Applicant wishes to increase the commercial square footage.
PUD FINDINGS:
This PUD Amendment qualifies as a Substantial Change under LDC Section 10.02.13.E.1.b, "a proposed
increase in the total number of dwelling units or intensity of land use or height of buildings within the
development." LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the CCPC
shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's
responses to these criteria are provided in bold font):
1. The suitability of the area for the type and pattern of development proposed in relation to physical
characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other
utilities.
Staff has reviewed the proposed PUD Amendment and believes that the addition of commercial
square -footage is compatible within the PUD. The addition will not have a major effect on traffic
and other infrastructure.
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.
Unified control was established at the time of rezoning and continues through the present
ownership.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the
Growth Management Plan (GMP).
Staff has reviewed this petition and has determined that this amendment to add additional square
footage does not affect the PUD's consistency with the GMP, with approval of the companion
GMPA. Therefore, staff is of the opinion that this petition may be found consistent with the overall
GMP.
Vanderbilt Commons PUD, PUDA-PL20150002166 Page 4 of 10
October 5, 2017 CCPC
4. The internal and external compatibility ofproposed uses, which conditions may include restrictions on
location of improvements, restrictions on design, and buffering and screening requirements.
The proposed change is the addition of square footage. Staff believes that the approval of this
amendment will not cause any compatibility issues with the additional locational restrictions
imposed.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
The Applicant proposes to add square footage. Required open space of the PUD will not be
affected.
6. The timing or sequence of development for the purpose of assuring thy, adequacy of available
improvements and facilities, both public and private. 1 k)/4 W'
It is staffs opinion that the addition of n C uses ' 1 not affect public or private facilities
beyond what was approved in the existin
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The current PUD was found consistent with the GMP and compatible with the neighborhood. The
addition of the proposed square -footage is compatible with the existing uses.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications are justified as meeting public purposes
to a degree at least equivalent to literal application of such regulations.
The proposed amendment, if the increase is approved, will remain consistent with the PUD
regulations.
REZONE FINDINGS:
LDC Subsection 10.02.08.F. states, "When pertaining to the rezoning of land, the report and
recommendations from the Planning Commission to the Board of County Commissioners... shall show
that the Planning Commission has studied and considered proposed change in relation to the following
when applicable" (Staff s responses to these criteria are provided in bold font):
1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future
Land Use Map and the elements of the Growth Management Plan.
The proposed change has been found consistent with the FLUE with adoption of the companion
GMPA. Staff recommends that this petition be deemed consistent with the GMP.
2. The existing land use pattern.
The existing land use pattern was reviewed and approved at the time of the original rezone. The
proposed amendment will not substantially alter that pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
No isolated districts will be created through this amendment.
Vanderbilt Commons PUD, PUDA-PL20150002166 Page 5 of 10
October 5, 2017 CCPC
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the
property proposed for change.
This amendment will not affect existing district boundaries.
S. Whether changed or changing conditions make the passage of the proposed rezoning necessary.
Staff believes that this location is appropriate for the proposed square footage.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
Allowable commercial uses are generally compatible with the uses in the PUD.
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.
Transportation staff reviewed the PUD and found the Level of Service acceptable.
8. Whether the proposed change will create a drainage problem.
The PUD is required to meet South Florida Water Management District standards and therefore,
will not create a drainage issue.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The site planning process, PUD dimensional standards, and LDC requirements will ensure that
light and air circulation are not seriously affected.
10. Whether the proposed change will adversely affect property values in the adjacent area.
This is a subjective determination based upon anticipated results, which may be internal or
external to the subject property. Property valuation is affected by many factors including zoning;
however, zoning by itself may or may not affect values, since value determination is driven by
market conditions.
11. Whether the proposed change will be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations.
Since the Carolina Village PUD is existing, the proposed amendment should not be a deterrent to
the improvement of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual owner as
contrasting with the public welfare.
The proposed development complies with the GMP which is a public policy statement supporting
zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the
proposed change does not constitute a grant of special privilege. Consistency with the FLUE is
further determined to be a public welfare relationship, because actions consistent with plans are in
the public interest.
Vanderbilt Commons PUD, PUDA-PL20150002166 Page 6 of 10
October 5, 2017 CCPC
13. Whether there are substantial reasons why the property cannot be used in accordance with existing
zoning.
A portion of the PUD has been developed within the parameters of the existing allowable land uses.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the County.
The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP.
The GMP is a policy statement which has evaluated the scale, density, and intensity of land uses
deemed to be acceptable throughout the urban -designated areas of Collier County. Staff is of the
opinion that the development standards and the developer commitments will ensure that the project
is not out of scale with the needs of the community.
15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts
already permitting such use.
There are other parcels in the County suitable for commercial uses. However, an existing PUD,
outside of an Activity Center is deemed to be an appropriate place for commercial uses.
16. The physical characteristics of the property and the degree of site alteration, which would be required
to make the property usable for any of the range of potential uses under the proposed zoning
classification.
This project will undergo evaluation relative to all federal, state, and local development regulations
during the site development plan approval process and again as part of the building permit process.
However, since the site is partially developed, this process will be minimal.
17. The impact of development on the availability of adequate public facilities and services consistent
with the levels of service adopted in the Collier County Growth Management Plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance, as amended.
This petition has been reviewed by County staff who is responsible for jurisdictional elements of the
GMP as part of the PUD process and staff has concluded that no Level of Service will be adversely
impacted with the commitments contained in the PUD Document.
18. Such other factors, standards, or criteria that the Board of County Commissioners (Board) shall deem
important in the protection of the public health, safety, and welfare.
To be determined by the Board during its advertised public hearing.
DEVIATION DISCUSSION.•
The petitioner is seeking two deviations from the requirements of the LDC. The deviations are
directly extracted from PUD Document Section 3.45 (E). The petitioner's justification and staff
analysis/recommendation is outlined below.
Proposed Deviation 41: Off -Premises Signage, deviates from LDC Section 5.06.04.A.6. a -c
"Deviation from the Land Development Code (LDC) Section 5.06.04.G
5;06.04.A.6. , inter � per -mit approximately one hat f g ...,,. to allow one double-
faced off -premises sign with a maximum of 8 feet in height and 32 64 square feet in
Vanderbilt Commons PUD, PUDA-PL20150002166 Page 7 of 10
October 5, 2017 CCPC
area, located in the road right -of way a median in *_A Mead 6KAffle.. the Wolf G_eek
PUD and the Carolina Village (labeled Pristine Drive on Exhibit "A") and on the west
Village-ff-epei-ty line with the advertising -7 The sign will be limited
e3celusively to no more than 3 residential development within the abutting Wolf Creek
PUD. The proposed sign must meet all vehicular safety sight distance standards for
Collier County and have a minimum 10 -foot setback from the Vanderbilt Beach Road
right-of-way, as deser-:bed in Seetion s 06 04 of the T.PQ The proposed sign
must be externally illuminated only. Lighted and not iiita ally lighted, This deNi tion
howing the sign leeking out of balance if it were 1 eeateg se lely on the westem half ef
the inedian in the read, and also minifaizes 4he eenfusion for visites and deliveries to
Once Pristine Drive is accepted by the Board of County
Commissioners as a public road, any structural changes to the sign shall require a right-
of-way
ight`of way permit. _ The signage shall be perpetually maintained by the homeowner's
associations of the developments named on the sign. The County at any time after the
road becomes public may require the sign to be relocated for road expansion or to
address capacity or safety issues."
Petitioner's Justification: This deviation, with slight modification, was previously approved. The
modifications are caused by the conveyance of the ROW and maintenance of the sign by the HOA.
Staff Analysis and Recommendation: Staff has no objection to this previously approved deviation, as
long as it includes the added language.
Proposed Deviation #2: Removal of a Wall Requirement along Vanderbilt Beach Road, deviating
from LDC Section 5.03.02.H.1.b
"Deviation from Land Development Code (LDC) Section 5.03.02.H.1 b. which
requires a wall if located on a property opposite a residentially zoned district but
kointing on a local street or roadway, or the properties are se crated by a platted -alley,
then height shall be 4 feet and placement shall be a minimum of 3 feet from the rear of
the right-of-way jandscape buffer line, to instead remove the requirement to place a
wall along Vanderbilt Beach Road."
Petitioner's Justification: The petitioner believes that the buffer is sufficient to shield the Estates zoned
properties across Vanderbilt Beach Road.
Staff Analysis and Recommendation: Staff agrees that a buffer and the width of Vanderbilt Beach Road
are sufficient to shield the residences.
ENVIRONMENTAL ADVISORY COUNCIL {EAC] REVIEW:
This project does not require review by the EAC since the project did not meet the EAC scope of land
development project reviews.
NEIGHBORHOOD INFORMATION MEETING MM):
A NIM was held on September 7, 2016 at 5:30 PM at Vineyards Community Park, 6231 Arbor
Boulevard, Naples, FL 34109. The NIM summary is attached as part of the back-up.
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COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's office reviewed this Staff Report on September 27, 2017.
RECOMMENDATION:
Staff recommends that the CCPC forward Petition PUDA-PL20150002166 to the Board with a
recommendation of approval.
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October 5, 2017 CCPC
PREPARED BY:
9_ 7- 7
FRE SCHL, AICP, PRINCIPAL PLANNER DATE
ZONING DIVISION
REVIEWED BY:
9 �z 17
RXYMONB0V. BLILOWS, ZONING MANAGER DATE
ZONING DIVISION
MIKE BOSI, AICP, DIRECTOR DATE
ZONING DIVISION
APPROVED BY:
MES FRENCH, DEPUTY DEPARTMENT HEAD DATE
GROWTH MANAGEMENT DEPARTMENT
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October 5, 2017 CCPC