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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. Page 7 of 8 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. V! W z J Q W J IL a z ti 0 N N N o: W 0 z Q - D W z 0 W 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] Immokalee RD PROJECT LOCATION m .. N 1=75 0 o Vanderbilt Beach RD C J °D Golden Gate BLVD W CDC .>_ o J _ J � Pine Ridge RD W E 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 PUDA - PL20150002166 November 2, 2017 PREPARED BY: j21rLJAQr-1 r-1 .,. T.T. . . . IT, 1 , . _ , . 1RE a� Words added are underlined and words stFW& Neagh have been deleted 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 Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 AMENDMENTS AND REPEAL Words added are underlined and words stFUCk thFGugh have been deleted _.. .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 Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 AMENDMENTS AND REPEAL Words added are underlined and words stFUCk thFGugh have been deleted 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 Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 PAGE -56 89 4417 4518 Words added are underlined and words stFUCk theugh have been deleted 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 Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words StFU& theugh have been deleted 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: Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words StFUel( thFeegh have been deleted 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words thFeugh have been deleted 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 Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stFUeak thFOugh have been deleted 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stFuck thFeegh have been deleted 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". Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words StFWGI( thFeugh have been deleted 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stFUGI( thFei+gh have been deleted 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words s el( thFeugh have been deleted 7 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words 64Ui thFeugh have been deleted 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). Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stFUCak thFeagh have been deleted 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, Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words st-F►eak thFsegh have been deleted 10 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words Neagh have been deleted 11 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stF ek thFeagh have been deleted 12 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stF►eac thFeegh have been deleted 13 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 Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stFWekthFeagh have been deleted 14 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 Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stFWekthFeagh have been deleted 14 (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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words s,ueIrtrreugh have been deleted 15 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words ugh have been deleted 16 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words StFUGI( thFeugh have been deleted 17 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words st%ek thFeegh have been deleted 18 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stFweae thFeagh have been deleted 19 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 nr. Y.M1A111IAAiAliA'IAyfILNi]'N'�iIWA�lFIMNll lot I MIM�151M . .001111111 1111 nr. . .001111111 1111 Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words StFUek thFeugh have been deleted 20 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 Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stFUc-I( thFeagh have been deleted 21 IMMIT .. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stFUc-I( thFeagh have been deleted 21 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words stFU61( thFeegh have been deleted 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. Vanderbilt Commons MPUD PUDA - PL20150002166 November 2, 2017 Words added are underlined and words 54U& thFeugh have been deleted 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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I� 0 m j 120' TYPED A I o m O 0EnrME I m O O>Tx I I x l m �0� I co 0 0 I f ms zml I DO m� I ms m mz ! m Xp p n r u N m D m m 0 m m, -i� Z or O D O w m _ C, m � m IA D r DO m� I ms m mz Xp N m O Ai RPUD WOLF CREEK (RESIDENTIAL) BUFFER -n m O O x O x D � o m ED m cD ms mz ;0p En D TYPED LAN DSCAPE BUFFER I__' -=,'�N 20' TYPE D LANDSCAPE BUFFER BUCKSTONE DRIVE - RIGHT-OF-WAY A 0 -i C) m m cnm m m a D O m m m mD ms M .Z1 p n m m 1 -g F JECT 1 CI ENT, REVISIONS JI VANDERBILT COMMONS, oar VANDERBILT COMMONS MPUD-- -- LLC _.— ... ._...- ��FLORIDASHC MPNNE9 FLORIDA INC E RE ev: '-- "" � O HEEi T ttE ]E00 NINTH STREET NORTH - - _ _ NO 8081 5 Ill CONCEPTUAL MASTER PLAN NNPlE5, EL 3<103i435 Ky K o �9 -i� N 0 mozo D r 1 -g F JECT 1 CI ENT, REVISIONS JI VANDERBILT COMMONS, oar VANDERBILT COMMONS MPUD-- -- LLC _.— ... ._...- ��FLORIDASHC MPNNE9 FLORIDA INC E RE ev: '-- "" � O HEEi T ttE ]E00 NINTH STREET NORTH - - _ _ NO 8081 5 Ill CONCEPTUAL MASTER PLAN NNPlE5, EL 3<103i435 1110 x��R Sil q�I a �2 a ;" A4 u? CVI t99 , it AQP Y � ss:F I 1 f-7 _I �N Q � N \ J \ �Y� a a G \ 041 Q pqS [S 1110 x��R Sil q�I a �2 a ;" A4 u? CVI t99 , it AQP Y � ss:F I 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. EX /I BI T "D L OCA TION MAP VANDERB/L 9 EXHI.AIT ...... SURVEY Is bi -o YP I 16 it Ilk. lip RusfeWo w VVI ➢ g 61 d '100TAIVALRAFF COLLIER BOMETARDCR, 9.q •L, 37397' tj 3,3 it C AGENDA ITEM 9-D God le -r C014nty 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 (C3 CD O N CL co G O U O J C0 CD IrN C N J D D n L E Z 0 LU F - oz N 0 Z o Z OGS NJ 0WN pY L7 0LL 0_ On -19 J811103cl � p 00 p N CL 0 �w W H cl a w w a>�a y J 00j L L1 a, V Q w p s once ue a� CL LLLVIN ILL Y J LUw o a 3� _ F � � tai Y p a A 3 a z (C3 CD O N CL co G O U O J C0 CD IrN C N J D D n L E Z 0 � o L7 On -19 J811103cl � €� p m W H y J L1 s once ue a� LLLVIN (C3 CD O N CL co G O U O J C0 CD IrN C N J D D n L E Z 0 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. Vanderbilt Commons PUD, PUDA-PL20150002166 Page 8 of 10 October 5, 2017 CCPC 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. Vanderbilt Commons PUD, PUDA-PL20150002166 Page 9 of 10 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 Vanderbilt Commons PUD, PUDA-PL20150002166 Page 10 of 10 October 5, 2017 CCPC