Agenda 04/08/2008 Item # 8B
Agenda Item No. 8B
April 8, 2008
Page 1 of 163
EXECUTIVE SUMMARY
PUDZ-A-2007-AR-I1723: Amy Turner and/or Tammy Turner Kipp, represented by D.
Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich,
Goodlette, Coleman and Johnson, request a rezone from Planned Unit Development (PUD)
to Community Facility Planned Unit Development (CFPUD) for the Vanderbilt Trust 1989
PUD, to allow development of a maximum of 200 assisted living, continuing care retirement
community, nursing home, retirement community and/or independent living facility units for
persons over the age of 55, to be developed at a 0.6 floor area ratio. The subject 7.8:1: acre
property is located on the north side of Vanderbilt Beach Road (CR 862), approximately 1/4
mile east of Livingston Road (CR 881) in Section 31, Township 48 South, and Range 26 East,
Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) review staffs findings and recommendations
along with the recommendations of the Collier County Planning Commission (CCPC) regarding the
above referenced amendment and render a decision regarding the petition.
CONSIDERATIONS:
The petitioner requests that the BCC approve an amendment to the Vanderbilt Trust 1989 PUD to
allow development of a maximum of 200 assisted living, continuing care retirement community,
nursing home, retirement community and/or independent living facility units for persons over the
age of 55. This amendment also proposes to change the property development regulations to allow
taller buildings, fyom the originally approved three stories to allow four stories over parking in
buildings whose actual height will not exceed 62 feet (zoned height is proposed to be a maximum of
50 feet). Reductions in setbacks are also proposed from the approved (1999 Ordinance) front
setback of 50 feet for any structure over two stories in height; an east side setback of 40 feet instead
of 100 feet; and a setback along the western boundary of 15 feet instead of 25 feet. The northern
setback is not proposed to change; those setbacks will remain at 25 feet for principal structures and
15 feet for accessory structures.
The petitioner seeks approval of three deviations to obtain relief from the Land Development Code
(LDC) parking requirements for the continuing care retirement community, nursing home,
retirement community units a reduction in the number of parking spaces for the clubhouse, and to
allow an alternative buffer design for the clubhouse area.
FISCAL IMPACT:
The PUD amendment, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development, however,
if the PUD amendment is approved, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities.
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April 8, 2008
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The County collects impact fees prior to the issuance of building permits to help offset the impacts
of each new development on public facilities. These impact fees are used to fund projects identified
in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) 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 50 percent of the estimated Transportation Impact
Fees associated with the project. Other fees collected prior to issuance of a building permit include
building permit review fees and utility fees associated with connecting to the County's water and
sewer system, Finally, additional revenue is generated by applying ad valorem tax rates to
applicable properties, and that revenue is directly related to the value of improvements. Please note
that the inclusion of impact fees and taxes collected are for informational purposes only; they are
not included in the criteria used by Staff and the CCPC to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property is designated Urban - Mixed Use
District, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, as identified on the Future
Land Use Map (FLUM) of the GMP. This Subdistrict consists of two parcels comprising
approximately 17 acres that are located on the north side of Vanderbilt Beach Road and east of
Livingston Road, as shown on the Subdistrict Map. The subject site is Parcel 2. This Subdistrict
allows commercial uses, community facilities including assisted living facilities (ALF), and other
offices, businesses and personal services.
Specific requirements of the Subdistrict (for both parcels) require "Rezoning of the parcels
comprising this Subdistrict is encouraged to be in the form of a PUD, Planned Unit Development.
At the time of rezoning, the applicant must include architectural and landscape standards for each
parcel." The petition is compliant with requirements. The PUD document includes the following
commitment regarding architectural compliance:
The Vanderbilt Trust 1989 CFPUD shall have an integrated and common building
architectural style. Where multiple buildings are constructed within the CFPUD, all
buildings shall be constructed using like exterior building materials and color palate.
Staff believes that statement meets the intent of the GMP statement. The petition is a PUD and
Exhibit G of the PUD document provides the landscape buffering standards. The Parcel 2
designated tract has specific limitations for commercial (retail and office) uses. Note when the
Neighborhood Information Meeting (NIM) was held the petitioner stated that he was withdrawing
the request to allow commercial uses at this site therefore the commercial use limitations are not
applicable to the subject petition,
The GMP Subdistrict text addresses the specific uses for Parcel 2 as follows:
Permitted uses such as assisted living facilities, independent living facilities for persons
over the age of 55, continuing care retirement communities, and nursing homes, shall be
restricted to a maximum of 200 units and a maximum floor area ratio (FAR) of 0.6. The
developer of Parcel 2 shall provide a landscape buffer along the eastern property line,
abutting the Wilshire Lakes PUD, at a minimum width of thirty (30) feet. At the time of
rezoning, the developer shall incorporate a detailed landscape plan for that portion of the
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Agenda Item No. 88
Aprii 8, 2008
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property fronting Vanderbilt Beach Road as well as that portion along the eastern property
line, abutting the Wilshire Lakes PUD.
The petitioner is seeking to allow a maximum of the 200 units of the uses allowed, and is seeking a
deviation to allow the 0.6 FAR to be consistent with the GMP. (The LDC still retains the 0.45
FAR that would be applicable in most other areas of the county.) The 30-foot wide landscape
buffer location is depicted on the Master Plan, and as noted above, PUD Exhibit G provides the
details of the 30-foot wide landscape buffer.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. This
determination is included in the Zoning Analysis later in this report.
In order to promote smart growth policies, and adhere to the existing development character of
Collier County, adherence to Policies 7.1 and 7.3 is required. Policy 7.1 encourages connection to
collector and arterial roads, This project is consistent with these policies because the project
proposed access to Vanderbilt Beach Road which is classified as an arterial road.
Policy 7.3 encourages new and existing developments to provide interconnection to other
development. The project is bordered by a golf course to the north, which precludes any
interconnection. To the east are structures within an existing residential development. Based upon
aerial imagery (see previous page), an interconnection does not appear feasible because any
interconnection would interfere with either existing buildings or existing parking areas within the
Wilshire Lakes PUD. Thus no roadway interconnections would be required to the north or east.
To the west is an agriculturally zoned and used tract that could, in the future seek rezoning and
approval of more urban uses. An interconnection to this site is appropriate in order to preserve the
capacity of Vanderbilt Beach Road. The Vanderbilt Trust PUD has agreed to provide for the
possible interconnection to the west; that potential access has been provided on the Master Plan.
A complete analysis of Comprehensive Planning issues can be found as Staff Report Exhibit C, a
September 13, 2007 memo from the Comprehensive Planning staff.
Transportation Element: Transportation Division Planning staff has reviewed the PUD Traffic
Impact Statement (TIS) included in the application back-up material and the PUD documents to
ensure the PUD documents contain the appropriate language to address this project's potential
traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policies.
Those policies require the review of all rezone requests with consideration of their impact on the
overall transportation system, and specifically notes that the County should not approve any
request that significantly impacts a roadway segment already operating and/or projected to operate
at an unacceptable Level of Service (LOS) within the five-year planning period unless specific
mitigating stipulations are approved.
The project review was based on the current TIS guidelines and with respect to GMP
Transportation Element Policy 5.1. The project traffic was distributed on the adjacent roadway
network and analyzed through project build out with consideration given to the five-year planning
period
The Vanderbilt Trust PUD can be considered consistent with Policy 5.1 of the Transportation
Element of the GMP. The adjacent roadway network has sufficient capacity to accommodate this
project throughout the five-year planning period. Vanderbilt Beach Road (currently under
construction) has a projected service volume of 3,540 vehicles, with a remaining capacity of
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Agenda Item No. 88
April 8, 2008
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approximately 1,753 trips between Livingston Road and Logan Boulevard; and is currently
operating at LOS "B" as stated in the 2007 Annual Update and Inventory Report (AUIR).
Improvements to Vanderbilt Beach Road are anticipated to be completed in December 2008. The
proposed amendment produces 27 PM Peak-hour trips/peak-direction trips, which represent a 0.9
percent impact. The adjacent roadway network is shown to have capacity throughout the five-year
planning window to accommodate this project.
The developer has added a commitment in the Transportation Section ofPUD Exhibit F stating he
will make a payment in lieu of construction of the sidewalklbike lane provided along the project's
Vanderbilt Beach Road frontage.
Conservation and Coastal Management Element: Environmental staff has evaluated the
preserve selection for compliance with the Conservation and Coastal Management Element
(CCME) of the GMP and recommends that this petition be found consistent with the pertinent
objectives, goals and policies of the CCME, including, but not limited to, the need to reduce the
interface between the preserve area and the development area. The interface policy (CCME Policy
6.1.1(2)) was not in effect when the project was originally zoned to PUD in 1999 and the original
Master Plan did not show any specific preserve area. Staff therefore could not compare the PUD
Master Plan for this amendment with that original Master Plan. However, staff reviewed the
Master Plan that was submitted in May 2007 with the original amendment application for
compliance with the interface reduction requirement. The petitioner has reduced the interface
from the May 2007 Master Plan to what is now proposed. Staff is satisfied that the current PUD
documents, including the Master Plan, are consistent with the GMP CCME in the absence of
specific interface criteria in the LDC.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this
proposed rezoning to CPUD. 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 FLUM designations is a portion of the overall finding that is required, and staffbelieves
the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP
discussion, The proposed rezone is consistent with the GMP Transportation Element as previously
discussed. Environmental staff is recommending that the petition be found consistent with the
CCME as well. Therefore, zoning staff recommends that the petition be found consistent with the
overall GMP, and thus based upon the above analysis, staff concludes the proposed uses can be
deemed consistent with the goals, objective and policies of the overall GMP.
AFFORDABLE HOUSING IMPACT:
This request contains no provisions to address the Affordable-Workforce housing demands that it
may create.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and the PUD document to address any
environmental concerns. This petition was not required to submit an Environment Impact
Statement (ElS) nor was a hearing before the Environmental Advisory Commission required
because the site is below the LDC 10-acre size threshold requirement for a tract located landward of
Agenda Item No. 88
April 8, 2008
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the coastal management boundary. The site is not located within a Special Treatment (ST) overlay
which would also have required the submittal of an EIS.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Because an EIS was not required and there are no impacts to wetlands, this petition was not required
to go to the EAC.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on March 6,2008; a motion was passed to forward petition PUDZ-A-
2007-AR-11723 to the BCC with a recommendation of approval by a unanimous vote subject to the
following stipulations:
1. The PUD document Exhibit A shall be revised to include the six commitments offered by the
petitioner. These items are listed below:
a. There will be on site dining for the residents; and
b. Group transportation services will be provided for residents to take them to the grocery store
and other shopping, Individual transportation will be coordinated for residents who need to go
to the doctor or need other individualized transportation; and
c. There will be an onsite Manager/Activities coordinator to assist residents with their
individual needs. This person will also be setting up trips to offsite events as well as planning
onsite lectures, movies, music and other entertainment for the residents at the onsite clubhouse;
and
d. A wellness center will be provided onsite. Exercise and other fitness programs will be
provided for the residents; and
e. Each apartment will have emergency pull chords that will immediately contact 911 if there
is a medical or other emergency; and
f. Each unit will be designed so a resident can age in place. For example, the kitchens can
easily be revised to lower the sink if an individual later needs a wheel chair and the bathrooms
can be revised to add grab bars if needed in the future.
2. The PUD document Exhibit A, Section 2.A.1. (the second sentence) shall be revised to add the
word "combined" before the word "maximum" so that the sentence reads as follows:
All uses shall be permitted at a combined maximum FAR. of 0.6.
3. The PUD document Exhibit A, Section B.3. shall be revised to add the word "private amenities
such as" at the beginning of the sentence so that the sentence reads as follows:
Private amenities such as beauty and barber shops, transportation services, resident
dining, physicai fitness facilities, meeting rooms and other personal services related to
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Agenda Item No. 88
April 8, 2008
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assisted living facilities, independent living facilities for persons over age 55,
continuing care retirement communities. retirement communities, and nursing homes.
4. The PUD document Exhibit B shall be revised to remove the first portion of the **
footnoted item that states "per subdivided lot," such that the footnote contains only "excluding
parking areas under buildings."
5. Deviation Number 1 has been withdrawn. There are three remaining deviations and the
CCPC recommended approval of those deviations.
The petitioner's agent revised the PUD documents to incorporate all the recommendations noted
above and the revised documents were approved by the CCPC on March 20, 2008 as a consent item.
Because there was a letter of obj ection submitted regarding this petition, this petition cannot be
placed on the summary agenda.
LEGAL CONSIDERATIONS:
This is a site specific rezone from a Planned Unit Development Zoning District to a Community
Facilities Planned Unit Development District for a project known as the Vanderbilt Trust 1989
CFPUD. Site specific rezones are quasi-judicial in nature. As such the burden falls upon the
applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The
burden then shi fts to the Board of County Commissioners (BCC), should it consider denying the
rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This
would be accomplished by finding that the proposal does not meet one or more of the listed criteria
below.
Criteria for CFPUD Rezones
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 CFPUD 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.
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April 8, 2008
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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 CFPUD 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 CFPUD Rezone be appropriate considering the existing land use
pattern?
11. Would the requested CFPUD 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 III 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?
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.
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April 8, 2008
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21. Are there substantial reasons why the property cannot ("reasonably") be used 1ll
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 CFPUD 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.1 06, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the CFPUD 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. (MMSS)
ADDITIONAL INFORMATION:
Site Development Plan (SDP) approval has been sought for the subject site concurrent to this PUD
amendment action. The project is identified as the Sandalwood Village project, in SDP-2007-AR
12626. During the review of that petition, it was determined that an additional deviation needs to be
sought to address wall requirements along property boundaries where this project abuts residential
uses. LDC Section 5.03.02.E contains the following requirements:
2. Whenever a nonresidential development lies contiguous to or opposite a residentially
zoned district, said nonresidential development shall provide a masonry wall or
prefabricated concrete wall and/or fence.
3. If located on a contiguous property, the wall and/or fence shall be a minimum of six
(6) feet and a maximum of eight (8) feet in height and shall be located a minimum of six
(6) feet from the residentially zoned district.
As a commercial use this project would need to provide the wall noted above. The petitioner
wishes to be excused from that requirement to the north and to east. This site abuts residential uses
to the north (Pelican Marsh PUD) and to the east (Wilshire Lakes PUD). To the north, the projects
are separated by water management lakes and a portion of the golf course; the most proximate
platted lot is approximately 200 feet from this project property line. The Vanderbilt Trust PUD
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Agenda Item No. 8B
April 8, 2008
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Master Plan shows a preserve area separating the project from the nearest residential structure in
Fieldstone Village, a multi-family development within the Wilshire Lakes PUD. It appears from
aerial photographs that Fieldstone buildings are approximately 35 feet from the property line shared
with the Vanderbilt Trust 1989 PUD. The Vanderbilt Trust 1989 PUD Master Plan shows the
nearest building along the eastern property line will be set back approximately 80 feet. The
combined setback distances mean structures within the two projects will be separated by
approximately 115 feet. Furthermore, the buildings in this PUD are oriented such that this project's
buildings present the least mass to the Fieldstone units. Thus the neighboring property owners
should not be negatively impacted by this project even if a wall is not constructed along the shared
property line. (No wall would be required along the south property because the site abuts an arterial
roadway and LDC only requires a wall to be provided if the site fronts a local street or platted alley
or to the west because that site is developed as the Bobbin Hollow Equestrian Center, which is a
commercial use.)
Staff therefore, is supporting an additional deviation to eliminate the wall requirement along the
north and east property boundaries. That deviation is not reflected in the PUD document because it
was not reviewed by the CCPC.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2007-AR-
11723 subject to the conditions of approval that have been incorporated in the Ordinance of
Adoption as that document has been revised to reflect the CCPC recommendation, and is further
revise to include the wall deviation noted above.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning and Land Development Review
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Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item No. 8B
April 8, 2008
Page 10 of 163
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8B
This item is to be continued to the May 13, 2008 Bee meeting. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission members.
PUDZ-A-2007 -AR-11723: Amy Turner and/or Tammy Turner Kipp, represented by D. Wayne
Arnold, AICP, Q. Grady Minor and Associates, P.A.. and Richard D. Yovanovich, GoodleUe,
Coleman and Johnson, request a rezone from Planned Unit Development (PUD) to Mixed
Use Planned Unit Development (MPUD) for the Vanderbilt Trust 1989 PUD, to allow a
maximum of 80,000 square feet of commercial land uses and a maximum of 200 assisted
and independent living facilities for persons over the age of 55 at a 0.6 floor area ratio. The
property is approximately 7.8 acres and is located on the north side of Vanderbilt Beach
Road, approximately 1/4 mile east of Livingston Road, Section 31, Township 48, and Range
26, Collier County, Florida.
4/8/2008 9:00:00 AM
Prepared By
Kay Deselem, AICP
Community Development &
Environmental Services
Principal Planner
Date
Approved By
Zoning & Land Development Review
3/12/20085:14:08 PM
Date
Marjorie M. Student-Stirling Assistant County Attorney
3/13/20089:49 AM
Approved By
County Attorney County Attorney Office
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
3/18/20089:31 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
3/18/2008 10:42 AM
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
3/20/2008 4:40 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/25/20088:25 AM
Approved By
4/2/2008
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Agenda Item No. 8B
April 8, 2008
Page 11 of 163
Susan Murray, Alep
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
3/26/200811 :50 AM
Approved By
Norm E. Feder, Alep
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/27/20087:44 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
3/27/20081 :55 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/27/20086:03 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/30/200811:52 AM
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4/2/2008
Agenda Item No. 8B
April 8, 2008
Page 12 of 163
Co1Mr County
'- ~- -
FROM:
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE:
MARCH 6, 2008
SUBJECT:
PUDZ-A-2007 -AR-1l723 ; VANDERBILT TRUST 1989 COMMUNITY FACILITY
PLANNED UNIT DEVELOPMENT (CFPUD)
PROPERTY APPLICANT/AGENT:
APPLICANT:
Amy S. Turner and/or
Tammy Turner Kipp
6625 Newhaven Circle
Naples, FL 34109
AGENTS:
D. Wayne Arnold AICP
Q. Grady Minor & Assoc.
3800 Via Del Rey
Bonita Springs, FL 34134
Richard D. Yovanovich, Esquire
Goodlette, Coleman & Johnson
4001 Tamiami Trail N. Suite 300
Naples, FL 34103
REOUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment
to the Vanderbilt Trust 1989 PUD to allow development of a maximum of 200 assisted living,
continuing care retirement community, nursing home, retirement community and/or independent living
facility units for persons over the age of 55.
GEOGRAPffiC LOCATION:
The subject 7.8"= acre property is located on the north side of Vanderbilt Beach Road (CR 862),
approximately 1/4 mile east of Livingston Road (CR 881) in Section 31, Township 48 South, and
Range 26 East, Collier County, Florida. (See location map on the following page)
PURPOSEIDESCRIPTION OF PROJECT:
The original Planned Unit Development (PUD) rezoning was approved on October 12, 1999, with the
adoption of Ordinance Number 1999-70. That ordinance would have allowed development of a
maximum of200 Assisted Living Facility Units (ALF) or a combination of up to 180 ALF units and up
to 50 Skilled Nursing Care beds, as well as a child day care center. Uses such as applicable accessory
medical support services as well an ancillary retail/personal services were included in that initial
approval. An extension to address the Land Development Code (LDC) sunsetting provisions was
granted in Resolution No. 05-80 on January 25, 2005. That extension granted the developer until
October 12, 2006 to meet the LDC sunsetting provisions. No development has occurred on site to date.
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 1 of 12
Agenda Item No. 8B
April 8, 2008
Page 13 of 163
In addition to the general changes noted in the "Requested Action" above, this amendment also proposes
some additional changes, including a change to the property development regulations to allow taller
buildings, from the originally approved three stories to allow four stories over parking in buildings
whose actual height will not exceed 62 feet (zoned height is proposed to be a maximum of 50 feet).
Reductions in setbacks are also proposed from the approved (1999 Ordinance) front setback of 50 feet
for any structure over two stories in height; an east side setback of 40 feet instead of 100 feet; and a
setback along the western boundary of ] 5 feet instead of 25 feet. The northern setback is not proposed
to change; those setbacks will remain at 25 feet for principal structures and 15 feet for accessory
structures.
The petitioner seeks approval of three deviations to obtain relief from the LDC 0.45 Floor Area Ratio
(FAR) requirement to allow a 0.6 FAR, a reduction in the number of parking spaces for the clubhouse,
and to allow an alternative buffer design for the clubhouse area.
The attached Master Plan for the proposed amendment depicts generalized areas of development, water
management areas, and general traffic circulation. Notes on the Master Plan reinforce the petitioner's
intention to comply with code for open space, road construction, landscaping, and project design.
SURROUNDING LAND USE AND ZONING:
North: Golf course within the Marsala at Tiburon subdivision, with a zoning designation of PUD
(within the Pelican Marsh PUD)
East: Condominium units with Fieldstone Village, with a zoning designation of PUD (within the
Wilshire Lakes PUD)
South: Vanderbilt Beach Road, then Village Walk Circle and a water retention pond within the
Village Walk, with a PUD zoning designation (within the Vineyards PUD)
West: a 4010 acre tract of agriculturally zoned land that is developed as the Bobbin Hollow Equestrian
Center
Aerial Photo (subject site depiction is approximate)
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6,2008 CCPC
Page 2 of 12
Agenda Item No. 8B
April 8, 2008
Page 14 of 163
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An excerpt from the PUD Map
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE):
The subject property is designated Urban - Mixed Use District, Vanderbilt Beach Road Neighborhood
Commercial Subdistrict, as identified on the Future Land Use Map (FLUM) of the GMP. This
Subdistrict consists of two parcels comprising approximately 17 acres that are located on the north
side of Vanderbilt Beach Road and east of Livingston Road, as shown on the Subdistrict Map. The
subject site is Parcel 2. This Subdistrict allows commercial uses, community facilities including
assisted living facilities (ALF), and other offices, businesses and personal services.
Specific requirements of the Subdistrict (for both parcels) require "Rezoning of the parcels comprising
this Subdistrict is encouraged to be in the form of a PUD, Planned Unit Development. At the time of
rezoning, the applicant must include architectural and landscape standards for each parcel." The
petition is compliant with requirements. The PUD document includes the following commitment
regarding architectural compliance:
The Vanderbilt Trust 1989 CFPUD shall have an integrated and common building
architectural style. Where multiple buildings are constructed within the CFPUD, all
buildings shall be constructed using like exterior building materials and color palate.
Staff believes that statement meets the intent of the GMP statement. The petition is a PUD and
Exhibit G of the PUD document provides the landscape buffering standards. The Parcel 2 designated
tract has specific limitations for commercial (retail and office) uses. Note when the Neighborhood
Information Meeting (NIM) was held the petitioner stated that he was withdrawing the request to
allow commercial uses at this site therefore the commercial use limitations are not applicable to the
subject petition.
The GMP Subdistrict text addresses the specific uses for Parcel 2 as follows:
Permitted uses such as assisted living facilities, independent living facilities for
persons over the age of 55, continuing care retirement communities, and nursing
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 3 of 12
Agenda Item No. 88
April 8, 2008
Page 15 of 163
homes, shall be restricted to a maximum of 200 units and a maximum floor area
ratio (FAR) of 0.6. The developer of Parcel 2 shall provide a landscape buffer along
the eastern property line, abutting the Wilshire Lakes PUD, at a minimum width of
thirty (30) feet. At the time of rezoning, the developer shall incorporate a detailed
landscape plan for that portion of the property fronting Vanderbilt Beach Road as
well as that portion along the eastern property line, abutting the Wilshire Lakes PUD.
The petitioner is seeking to allow a maximum of the 200 units of the uses allowed, and is seeking a
deviation to allow the 0.6 FAR to be consistent with the GMP. (The LDC still retains the 0.45 FAR
that would be applicable in most other areas of the county.) The 30-foot wide landscape buffer
location is depicted on the Master Plan, and as noted above, PUD Exhibit G provides the details of the
30-foot wide landscape buffer.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. This
determination is included in the Zoning Analysis later in this report.
In order to promote smart growth policies, and adhere to the existing development character of Collier
County, adherence to Policies 7.1 and 7.3 is required. Policy 7.1 encourages connection to collector
and arterial roads. This project is consistent with these policies because the project proposed access to
Vanderbilt Beach Road which is classified as an arterial road.
Policy 7.3 encourages new and existing developments to provide interconnection to other
development. The project is bordered by a golf course to the north, which precludes any
interconnection. To the east are structures within an existing residential development. Based upon
aerial imagery (see previous page), an interconnection does not appear feasible because any
interconnection would interfere with either existing buildings or existing parking areas within the
Wilshire Lakes PUD. Thus no roadway interconnections would be required to the north or east. To the
west is an agriculturally zoned and use tract that could, in the future seek rezoning and approval of
more urban uses. An interconnection to this site is appropriate in order to preserve the capacity of
Vanderbilt Beach Road. The Vanderbilt Trust PUD has agreed to provide for the possible
interconnection to the west; that potential access has been provided on the Master Plan.
A complete analysis of Comprehensive Planning issues can be found as Exhibit C to the staff report, a
September 13,2007 memo from the Comprehensive Planning staff.
Transportation Element:
Transportation Division Planning staff has reviewed the PUD Traffic Impact Statement (TIS) included
in the application back-up material and the PUD documents to ensure the PUD documents contain the
appropriate language to address this project's potential traffic impacts, and to offer a recommendation
regarding GMP Transportation Element Policies. Those policies require the review of all rezone
requests with consideration of their impact on the overall transportation system, and specifically notes
that the County should not approve any request that significantly impacts a roadway segment already
operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year
planning period unless specific mitigating stipulations are approved.
The project review was based on the current TIS guidelines and with respect to GMP Transportation
Element Policy 5.1. The project traffic was distributed on the adjacent roadway network and analyzed
through project build out with consideration given to the five-year planning period
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 4 of 12
Agenda Item No. 8B
April 8, 2008
Page 16 of 163
The Vanderbilt Trust PUD can be considered consistent with Policy 5.1 of the Transportation Element
of the GMP. The adjacent roadway network has sufficient capacity to accommodate this project
throughout the five-year planning period. Vanderbilt Beach Road (currently under construction) has a
projected service volume of 3,540 vehicles, with a remaining capacity of approximately 1,753 trips
between Livingston Road and Logan Boulevard; and is currently operating at LOS "B" as stated in the
2007 Annual Update and Inventory Report (AUIR). Improvements to Vanderbilt Beach Road are
anticipated to be completed in December 2008. The proposed amendment produces 27 PM Peak-hour
trips/peak-direction trips, which represent a 0.9 percent impact. The adjacent roadway network is
shown to have capacity throughout the five-year planning window to accommodate this project.
The developer has added a commitment in the Transportation Section of Exhibit F stating he will
make a payment in lieu of construction of the sidewalklbike lane provided along the project's
Vanderbilt Beach Road frontage.
Conservation and Coastal Management Element:
Environmental staff has evaluated the preserve selection for compliance with the Conservation and
Coastal Management Element (CCME) of the GMP and recommends that this petition be found
consistent with the pertinent objectives, goals and policies of the CCME, including, but not limited to,
the need to reduce the interface between the preserve area and the development area. The interface
policy (CCME Policy 6.1.1(2)) was not in effect when the project was originally zoned to PUD in
1999 and the original Master Plan did not show any specific preserve area. Staff therefore could not
compare the PUD Master Plan for this amendment with that original Master Plan. However, staff
reviewed the Master Plan that was submitted in May 2007 with the original amendment application for
compliance with the interface reduction requirement. The petitioner has reduced the interface from the
May 2007 Master Plan to what is now proposed. Staff is satisfied that the current PUD documents,
including the Master Plan, are consistent with the GMP CCME in the absence of specific interface
criteria in the LDC.
GMP Conclusion:
The GMP is the prevailing document to support land use decisions such as this proposed rezoning to
CPUD. 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 FLUM
designations is a portion of the overall finding that is required, and staff believes the petition is
consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The
proposed rezone is consistent with the GMP Transportation Element as previously discussed.
Environmental staff is recommending that the petition be found consistent with the CCME as well,
Therefore, zoning staff recommends that the petition be found consistent with the overall GMP, and
thus based upon the above analysis, staff concludes the proposed uses can be deemed consistent with
the goals, objective and policies of the overall GMP.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a
favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 5 of 12
Agenda Item No. 8B
April 8, 2008
Page 17 of 163
I 0.02.l3.B.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes
a factual basis to support the recommendations of staff. The CCPC uses these same criteria as the
basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the
criteria to support their action on the rezoning request. These evaluations are completed as separate
documents and are attached to the staff report (See Exhibits A and B).
Environmental Review: Environmental Services staff has reviewed the petition and the PUD
document to address any environmental concerns. This petition was not required to submit an
Environment Impact Statement (EIS) nor was a hearing before the Environmental Advisory
Commission required because the site is below the LDC lO-acre size threshold requirement for a tract
located landward of the coastal management boundary. The site is not located within a Special
Treatment (ST) overlay which would also have required the submittal of an EIS.
TransDortation Review: Transportation Division staff has reviewed the petition and the PUD
document and Master Plan for right-of-way and access issues. Transportation Division staff has not
recommended any stipulations be included in an approval recommendation. The applicant has
incorporated Transportation Division staffs revisions in the PUD document, and Transportation
Division staff recommends approval subject to the Transportation commitments contained in the PUD
document.
PUD Exhibit F, Developer Commitments, contains several commitments within the Transportation
portion that may appear redundant based upon Board action on February 5, 2008 adopting LDC
amendment changes. The requirements contained in items I, 2, 3, 4, 5, and 6 have been incorporated
into the general requirements of the LDC as part of the LDC amendment affecting LDC Section
6.06.0. Although the LDC amendments have been adopted by the Board, the actual effective date for
the amendments will not occur until after this staff report is prepared. Staff therefore has included the
commitments that are customarily included in all PUD documents to anticipate the unlikely event that
there could be an appeal to the amendments. It may be appropriate therefore to remove these
commitments from Exhibit F prior to forwarding the document to the BCC for consideration if the
amendment becomes effective prior to the BCC hearing date.
Utilitv Review: Per the 2005 Water and Sewer Master Plan update, this project is located within the
Collier County Water-Sewer District boundary. Any portions of this project to be developed shall be
required to comply with regulations in effect at the time development order approvals are sought such
as the conditions associated with a Water and Sewer Availability Letter from the Collier County
Utilities Division. According to county GIS records, there is an existing 30-inch water transmission
main and a 16 inch force main along Vanderbilt Beach Road.
Emerzencv Manazement: The Emergency Management Department has no issues with this project.
This project is located in a CAT 3 hurricane surge zone, which requires evacuation during some
hurricane events. There is currently no impact mitigation required for this, however, it should be
noted that approval of this PUD amendment could increase evacuation and sheltering requirements for
the county.
Parks and Recreation: The Public Services Division did not offer any comments regarding this
petition.
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 6 of 12
Agenda Item No. 8B
April 8, 2008
Page 18 of 163
Housinf! and Human Services: This project does not propose any affordable housing component and
was not reviewed by Housing and Human Services.
Zoning Review:
FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the
surrounding land uses. As noted previously, an increase in building height is proposed and some
reductions in perimeter setbacks are proposed as part of this amendment for the Vanderbilt Trust PUD.
Staffs compatibility analysis of the requested uses and proposed development standards includes a
review of the subject proposal and its relationship to surrounding or nearby properties. Staff considers
the uses proposed and their intensities and/or densities; the development standards such as building
heights, setbacks, landscape buffers; building mass; building location and orientation; the amount and
type of open space and its location; and traffic generation/attraction of the proposed use.
As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning
discussion of this staff report, and the Master Plan, The Tiburon golf course development abuts this
project's northern boundary, Marsala at Tiburon is the nearest residential development within that
project, and it is separated from the proposed project by golf course holes and water management
areas. Additionally no lots appear to be developed at this time within that subdivision; therefore no
dwelling units should be impacted. To the west is the Bobbin Hollow Equestrian Center, a developed,
agriculturally zoned four-acre tract. There are no compatibility issues between this project and that use
as the equestrian center, with its potential for noise and odors, could be viewed as more intense than
the use proposed in this proj ect.
To the east is the Fieldstone Village Condominiums which are part of the Wilshire Lakes PUD which
was approved at an overall density of 2.24 units per acre. Wilshire Lakes appears to be the only
neighboring property whose residents could be negatively impacted by the proposed Vanderbilt Trust
PUD changes. Staff evaluated this issue in more detail.
Wilshire Lakes PUD contains both single family and multi-family development areas. The more
densely developed multi-family area is adjacent to the subject tract, not the single-family areas. The
Vanderbilt Trust PUD Master Plan shows a preserve area separating the project from the nearest
residential structure in Fieldstone Village. It appears from aerial photographs that Fieldstone buildings
are approximately 35 feet from the property line shared with the Vanderbilt Trust 1989 PUD. The
Vanderbilt Trust 1989 PUD Master Plan shows the nearest building along the eastern property line
will be set back approximately 80 feet. The combined setback distances mean structures within the
two projects will be separated by approximately 115 feet. Furthermore, the buildings in this PUD are
oriented such that this project's buildings present the least mass to the Fieldstone units.
Structure height within Wilshire Lakes is limited to 35 feet with an unspecified number of stories
allowed. The Vanderbilt Trust PUD was approved allowing three habitable floors (which would have
allowed parking underneath those stories) with the allowable footage, with definitive zoned or actual
height unspecified. This subject PUD developer wishes to increase the allowable height from three
stories to allow 4 stories specifying that the 4 stories are to be over parking, but limiting the zoned
height to 50 feet and the actual height to 62 feet.
Staff has evaluated those proposed changes relative to the existing uses and believes the proposed
changes, and thus the petition, can be deemed compatible with the neighborhood uses because the
proposed building orientation, building locations and the location of the preserve area will offset any
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 7 of 12
Agenda Item No. 88
April 8, 2008
Page 19 of 163
negative impacts the proposed changes may have had on the nearby multi-family use. The petition
therefore is consistent with GMP Policy 5.4.
Deviation Discussion:
The petitioner is seeking four deviations from the requirements of the LDC. The deviations are listed
in PUD Exhibit E with the petitioner's rationale provided to support each deviation.
Deviation #1 seeks relief from LDC Section 5.05.04.D.l, which establishes a maximum floor area
ratio (FAR) of 0.45 for group housing uses, to allow a maximum FAR of 0.60 for the Vanderbilt Trust
CFPUD.
Petitioner's Rationale and Staff Analysis: The petitioner has sought this deviation to make the zoning
consistent with the FAR standard that was adopted for assisted living, independent living units and
continuing care retirement communities located within the Vanderbilt Beach Road Neighborhood
Commercial Subdistrict.
Recommendation: This deviation, as stated above, brings the zoning regulations into compliance with
the GMP sub-district language. Zoning and Land Development Review staff recommend APPROVAL
of this deviation. finding that. in compliance with LDC Section W.02.B.A.3, the petitioner has
demonstrated that "the element mav be waived without a detrimental effect on the health. safetv and
welfare of the communitv." and LDC Section 10.02.B.B.5.h. the petitioner has demonstrated that the
deviation is "justified as meeting public pumoses to a degree at least equivalent to literal application of
such regulations.
Deviation #2 seeks relief from LDC Section 5.05.04.D.3, which establishes parking standards for group
housing uses including independent living units, assisted living units, and nursing care units, to allow a
new parking standard for a retirement community use as one (1) parking space per dwelling unit.
Petitioner's Rationale and Staff Analysis: The petitioner states that this deviation is being requested
because the LDC does not include a definition for an independent living unit in the LDC, although that
use appears to be the most similar use to what is proposed. Due to stated concerns about possible
misinterpretations regarding the use and the parking requirement in the future, that petitioner has added
the term, "retirement community" to this PUD to describe the proposed "product," citing the Collier
County Impact Fee Ordinance as a source document for the definition. The petitioner asserts that
independent living units and the proposed retirement community uses are similar and thus seeks to have
the LDC adopted standard parking space requirement of one space per unit be applicable to the
retirement community use.
As explained this deviation request is not necessarily project specific. The petitioner wishes to correct a
perceived LDC deficiency, rather than provide a measurable variation from some development
standards. The rationale addresses a definition and seeks to set a new standard rather than requesting to
allow fewer parking spaces than what a particular LDC provision requires. Normally staff would not
support a deviation that seems to be less than project specific because good planning practices dictate
that variances, i.e., deviations should not be granted when a requirement is more all-encompassing and
has more wide-spread ramification rather than applicability to this one petition or this one unique site or
site plan. In this instance however, it is likely that staff would utilize the LDC provision that directs
staff to look at the most similar use's parking requirement if a specific use is not listed. It appears that
this is what the petitioner is asking the BCC to do, only he is setting it forth in a more formal method to
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 8 of 12
Agenda Item No. 8B
April 8, 2008
Page 20 of 163
provide assurances to the developer that this interpretation will be consistently utilized both at the
zoning stage and later, when development order approval are sought.
Recommendation: A deviation will allow the petitioner to finalize the site plan without worrying that a
change to the LDC or a different interpretation would increase the parking space requirement. Zoninl!
and Land Development Review staff recommend APPROVAL of this deviation, finding that, in
compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element mav be
waived without a detrimental effect on the health, safetv and welfare of the communitv," and LDC
Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public
purooses to a degree at least equivalent to literal application of such regulations.
Deviation #3 seeks relief from LDC Section 4.05.04.G, which states that parking spaces for multi-
family clubhouse structures must be provided at a ratio of 1 parking space per 200 square feet and
swimming pools require parking spaces at 1 per 75 square feet for the first 1,000 square feet and each
additional 125 square feet, in order to provide parking for the clubhouse facility and pool at a ratio of 1
parking space per 800 square feet, or 25 percent of the standard clubhouse parking standard.
Petitioner's Rationale and Staff Analysis: The applicant is seeking this deviation to more clearly define
the parking standards that will be applicable to this project. Staff, as part of the SDP review that is
occurring concurrently with this PUD amendment, has advised the petitioner that the LDC multi-family
clubhouse parking space requirement is an applicable standard for the proposed clubhouse. The
required parking spaces for that clubhouse must be provided in addition to the provision of the required
parking spaces for the independent living units. The PUD Master Plan does not include the detail upon
which actual clubhouse and swimming pool parking calculations would be based, but the petitioner has
provided a level of project intensity upon which to forecast the parking space requirements.
Square parking
USE Parking Space calculation criterion spaces
Footage reauired
Clubhouse 10,190 1 space per 200 square feet 51
Swimming 1 spacej75 square feet for the first 1,000
1,100 square feet, plus 1 space per 125 square 14
Pool feet above 1,000 square feet.
TOTAL 65
As shown, this project would need to provide a maximum of 65 spaces if the project is required to
provide parking for the clubhouse, the swimming pool and the independent living units. The petitioner
contends that the multi-family clubhouse standard is not applicable to this project believing that the
parking standard for independent units in Section 5.05.04 of the LDC would be the sole criterion.
However, in an effort to resolve this difference of opinion and provide adequate parking to support the
project, the applicant has agreed to provide parking spaces for guests and residents of the project in the
amount of 25 percent of the required clubhouse parking for a total of 13 spaces (25 percent of 51
spaces). (No additional parking is proposed for the swimming pool.)
The applicant contends that providing parking spaces at 25 percent of the normal standard for a
clubhouse will be adequate and is, in fact, supported by the administrative reduction allowance to 25
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 9 of 12
Agenda Item No. 8B
April 8, 2008
Page 21 of 163
percent in Section 4.05.04 for multi-family recreational facilities. That section of the LDC allows
reduced parking for projects within which all units are located within 300 feet of the recreational
amenity (clubhouse). That is the case in this project. Additionally the petitioner notes that residents are
provided "good pedestrian access from each building exit to the central amenity." The Master Plan
shows a sidewalk network that connects the buildings with the clubhouse, supporting that contention.
Recommendation: Staff believes the parking proposed (if this deviation is approved) will be adequate to
support the assisted living facility use of the site. That use is more restrictive by definition than the
clubhouse. The schedule of uses limits this project to assisted living, independent living and continuing
care facilities. The independent living facilities is further limited to persons over the age of 55; no other
multi-family units are proposed that would allow development of a "conventional" multi-family project
for which the clubhouse/pool parking space regulations were designed to accommodate. It may be
appropriate to amend the LDC to address this situation once BCC direction is provided regarding this
deviation. Zoning and Land Develooment Review staff recommend APPROVAL of this deviation.
findinl! that. in comoliance with LDC Section W.02.l3.A.3. the oetitioner has demonstrated that "the
element mav be waived without a detrimental effect on the health. safetv and welfare of the
communitv." and LDC Section 10.02.13.B.5.h. the oetitioner has demonstrated that the deviation is
"justified as meeting oublic ourooses to a degree at least equivalent to literal aoolication of such
regulations.
Deviation #4 seeks relief from LDC Section 4.06.02.C, which requires that a l5-foot wide, Type B
buffer must be provided between a clubhouse and any multi-family dwelling unit, to allow the developer
to install landscape buffers between the multi-family (senior housing) buildings and the clubhouse in
compliance with the alternative landscape plan, provided as Exhibit H.
Petitioner's Rationale and Staff Analysis: The petitioner states that approval of this deviation is
warranted for several reasons. He states that since the senior housing structures will be constructed with
dwelling units over parking, the first habitable floor will be above the six-foot height of a Type B
landscape buffer, thus residents would reap little benefit from the buffer anyway. Secondly,
Environmental Staffs request to expand the native preservation area in the northeast area of the site
reduces the area available to provide a centrally located amenity.
The alternative landscape plan provided in Exhibit H includes the required five-foot tall shrubs, and
provides taller canopy trees and sabal palms with staggered heights between 14 feet and 20 feet tall.
These buffers will be placed in available planting areas to provide filtered screening of clubhouse and
amenity areas from the senior housing buildings rather than a strict adherence to the buffering locational
standard.
The alternative landscaping plan exceeds the LDC minimum buffer requirements because it increases
plant height, add an additional diversity of species, and increases the amount of plant material overall, to
offset the reduction in the proposed buffering width and to offset the relocation of the buffer. The
proposed buffer has an average width of approximately 10 feet rather than the required 15-foot width.
The proposed landscaping plan contains approximately three times the code minimum amount of
planting material and displays a more varied planting list thus the buffer will soften the effects of the
amenity area upon the adjacent use that it is to buffer. Staff believes approval of this deviation is
appropriate because the alternative planting height will provide sufficient landscaping and provide more
efficient vertical screening. The deviation therefore, meets the intent of the buffer requirement.
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 10 of 12
Agenda Item No. 8B
April 8, 2008
Page 22 of 163
Recommendation: Staff believes the buffer proposed in this deviation will be adequate. Zoning and
Land Development Review staff recommend APPROVAL of this deviation, finding that. in compliance
with LDC Section 10.02.13.A.3. the petitioner has demonstrated that "the element mav be waived
without a detrimental effect on the health, safety and welfare of the communitv," and LDC Section
10.02.l3.B.5.h, the petitioner has demonstrated that the deviation is "iustified as meetinl! public
purposes to a degree at least equivalent to literal application of such regulations.
NEIGHBORHOOD INFORMA nON MEETING (NIM):
The applicant/agent duly noticed and held the required NIM on October 10, 2007, at 5:30 PM in the
Vineyards Elementary School cafeteria. Fifteen persons attended, some of whom identified themselves
as property owners at Village Walk or Fieldstone Village. The applicant's team and county staff were
also present.
Mr. Wayne Arnold, agent for the applicant stated, "We have been advised tonight by Tim Haskins to
withdraw commercial uses". Mr. Haskins stated that he was associated with the United Group and the
Senior Umbrella Network, which is an independent living and retirement organization that specializes in
adult active communities and student housing. Mr. Haskins said this project may make arrangements
with local entities to provide adult learning opportunities and services and benefits, such as grocery
and/or pharmacy drop off and pick up services. Mr. Haskins stated that the company he represents
manages its properties. He said the project is not a licensed care facility. He described the project as
rental homes on an annual lease, age restricted; 55+ is average age. He clarifies that average, typical
units are 1,600-2,100 square feet in size and the target customer has an income over $75,000 and is over
65 years of age.
Mr. Arnold stated there will be a 30-foot wide landscape buffer next to Fieldstone and buffer
improvement/preservation adjacent to Vanderbilt Beach Road will be provided. He stated that the
proposed height of the buildings is 3-story over parking, at a maximum of 62 feet. There was no
opposition stated to the proposed amendment and development.
RECOMMENDATION:
Zoning and Land Development Review Services staff recommends that the Collier County Planning
Commission forward Petition PUDZ-A-2007-AR-11723 to the BCC with a recommendation of
approval of the rezoning request from the Planned Unit Development Zoning District to the Community
Facilities Planned Unit Development (CFPUD) Zoning District subject to the stipulations that have been
incorporated into the CFPUD document.
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 11 0112
Agenda Item No. 8B
April 8, 2008
Page 23 of 163
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the April 8, 2008 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARKP. STRAIN, CHAIRMAN
DATE
Exhibits: A. Rezone Findings
B. PUD Findings
C. Memo from Comprehensive Planning, dated September 13, 2007
Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC
Page 12 of 12
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PUDZ-A-2007-AR-11723
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Agenda Item No. 8B
April 8, 2008
Page 25 of 163
Chapter 1O.03.05.G of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
I. Whether the proposed change will be consistent with the goals, objectives, & policies
of the Future Land Use Map (FLUM) and the elements of the Growth Management
Plan (GMP).
Findings: The GMP and FLUM discussion of the staff report (beginning on page 3 of
that document) provides a detailed analysis of this project's consistent with the FLUM
Map and the elements of the GMP. The subject property is designated Urban - Mixed Use
District, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, as identified on
the FLUM of the GMP. This Subdistrict allows commercial uses, community facilities
including assisted living facilities (ALF), and other offices, businesses and personal
services. The staff report provides the support to justify a recommendation that this
petition be deemed consistent with the GMP.
2. The existing land use pattern;
Findings: The staff report analyzes the eXlstmg land use pattern; therefore, staff
recommends that this petition be found consistent with GMP Policy 5.4 of the FLUE
which requires new land uses to be compatible with, and complementary to, the
surrounding land uses. See staff report, page 7 for the Zoning Review discussion that
supports this recommendation.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Findings: The subject tract's existing zoning is already PUD, and would allow uses
similar to what is currently being proposed. The original rezoning in 1999 was supported
by a finding that an isolated zoning district was not being created. The neighboring
zoning districts have not changed since that time, thus an isolated district will not be
created by this rezoning from PUD to CFPUD.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Findings: The proposed PUD zoning boundaries follow the property ownership
boundaries and result in a rectangular shaped tract. The location map on page 2 of the
staff report illustrates the perimeter of the outer boundary of the subject parcel. A
determination that the PUD boundaries were logically drawn was made to support the
1999 rezoning, and the boundaries are not changing as part of this proposed action, thus
the boundaries remain logically drawn.
February 4, 2008
Page 1 of 4
Agenda Item No. 8B
April 8, 2008
5. Whether changed or changing conditions make the passage of the ji'MpOlfullf 163
amendment necessary.
Findin!!s: The proposed change is warranted based upon the relatively recently created
Subdistrict designation for the subject property. The proposed rezoning brings the
subject property into compliance with that designation because it establishes the
buffering requirements associated with the zoning of the tract and establishes the uses
contemplated in that Subdistrict.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Findings: The County's land use policies that are reflected by the Future Land Use
Element (FLUE) of the GMP support the approval of this development at this location.
Also, the PUD document provides assurances that the site improvements will include
adequate landscaping, setbacks and buffering for the development.
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.
Findings: Based upon the review from Collier County Transportation Planning staff, the
adjacent roadway network has sufficient capacity to accommodate this project throughout
the five-year planning period. Vanderbilt Beach Road (currently under construction) has
a projected service volume of 3,540 vehicles, with a remaining capacity of approximately
1,753 trips between Livingston Road and Logan Boulevard; and is currently operating at
Level of Service (LOS) "B" as stated in the 2007 Annual Update and Inventory Report
(AUIR). Improvements to Vanderbilt Beach Road are anticipated to be completed in
December, 2008. The proposed amendment produces 27 PM Peak-hour trips/peak-
direction trips, which represent a 0.9 percent impact. The adjacent roadway network is
shown to have capacity throughout the five-year planning window to accommodate this
project.
8. Whether the proposed change will create a drainage problem;
Findin!!s: The proposed change should not create drainage or surface water problems
because the Section 4.03.01 of the LDC specifically addresses prerequisite development
standards that are designed to reduce the risk of flooding on nearby properties. The
proposed water management and drainage is designed to prevent drainage problems on
site and is compatible with the adjacent water management systems. Additionally, the
LDC and GMP have regulations in place that will ensure review for drainage on new
developments.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
EXHIBIT A
Rezone Findings
PUDZ-A-2007-AR-11723
February 4, 2008
Page 2 of 4
Agenda Item No. 88
April 8, 2008
Findin!!s: As depicted on the CFPUD Master Plan (Exhibit C in the PUD docuiffllllt)2th~f 163
buffering proposed and the setback distances from, and separation distances between
buildings, should ensure adequate light and air are allowed to permeate adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
area;
Findings: This is a subjective determination based upon anticipated results which may be
internal or external to the subject property. Property valuation is affected by a host of
factors including zoning; however zoning by itself mayor may not affect values, since
value determination is driven by market value. There is no guarantee that the project will
be marketed in a manner comparable to the surrounding developments.
II. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Findings: Properties to the north and east are already developed; to the south is a major
arterial roadway. The parcel to the west has an Agricultural zoning designation but is
located with the Urban - Mixed Use District-Residential Subdistrict on the FLUE and
could therefore seek a rezoning to allow residential uses at an increased density.
Therefore, the proposed change 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;
Findings: The proposed development complies with the Growth Management Plan, 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.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Findin!!s: As explained in the staff report, the subject property's existing PUD zoning
has sunsetted, which precludes the county from accepting any applications for
development approvals until the PUD zoning is either extended or the PUD is amended.
The petitioner opted to amend the zoning with the petition rather than seek a second
extension.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Findings: The proposed development complies with the GMP, 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.
EXHIBIT A
Rezone Findings
PUDZ-A-2007-AR-11723
February 4, 2008
Page 3 of 4
Agenda Item No. 8B
April 8, 2008
15. Whether is it impossible to find other adequate sites in the County for the ti'ffip~lIf 163
use in districts already permitting such use.
Findings: There are many sites which are zoned to accommodate the proposed
development but this is not the determining factor when evaluating the appropriateness of
a rezoning decision, The determinants of the zoning are with consistency with all the
elements of the GMP. The proposed CFPUD document was reviewed on its own merit
for compliance with the GMP and the LDC; and staff does not review other sites in
conjunction with a specific petition. The proposed CFPUD is consistent with the FLUM
because it is in the Urban - Mixed Use District, Vanderbilt Beach Road Neighborhood
Commercial Subdistrict Urban Residential Subdistrict and meets all the criteria for that
Subdistrict.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any ofthe range of potential uses
under the proposed, zoning classification.
Findings: Any development would require some site alteration and this project will
undergo extensive evaluation relative to all federal, state, and local development
regulations during the site development plan approval process and again later as part of
the building permit process.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Findings: The project will have to meet all applicable criteria set forth in LDC Section
6.02.00 regarding Adequate Public Facilities for and the project will need to be consistent
with all applicable goals and objectives of the GMP. This petition has been reviewed by
county staff that is responsible for jurisdictional elements of the GMP as part of the
rezoning process and those staff persons have concluded that no LOS will be adversely
impacted because the proposed development is consistent with all Elements of the GMP.
EXHIBIT A
Rezone Findings
PUDZ-A-2007-AR-11723
February 4, 2008
Page 4 of 4
EXHIBIT B
PUD FINDING
PUDZ-A-2007-AR-11723
VANDERBILT TRUST 1989
Agenda Item No. 8B
April 8, 2008
Page 29 of 163
Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission
to make a finding as to the PUD Master Plans' compliance with the following criteria:
I. 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.
Findings: As discussed in Exhibit A to the staff report, Rezoning Findings, items 2, 6, 7,
8, 16 and 17, the type and pattem of development proposed should not have a negative
impact upon any physical characteristics of the land, the surrounding areas, traffic and
access, drainage, sewer, water, and other utilities. Furthermore, this project, if
developed, will be required to comply with all county regulations regarding drainage,
sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of
the LDC.
2. Adequacy of evidence of unified control and suitability of any proposed 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: Documents submitted with the application provided satisfactory evidence of
unified control. The PUD document and the general LDC development regulations make
appropriate provisions for the continuing operation and maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan (GMP).
Findings: County staff has reviewed this petition and has offered an analysis (see staff
report) of the relevant goals, objectives and policies of the GMP offering a
recommendation that this petition be found consistent with the overall GMP. Staff has
recommended that the subject petition has been found consistent with the goals,
objectives and policies of the GMP as provided for in the adopting ordinance. Please see
the staff report for a more detailed discussion.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Findings: The proposed development standards, landscaping and buffering requirements
are designed to make the proposed uses compatible with the adjacent uses, The staff
analyses contained in the staff report support a finding that this petition is compatible,
both internally and externally, with the proposed uses and with the existing surrounding
uses. Additionally, the Development Commitments contained in Exhibit F of the
CFPUD document provide additional guidelines the developer will have to fulfill.
March 4, 2008
Page 1 of 2
Agenda Item No. 8B
April 8, 2008
Page 30 of 163
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Findings: The amount of open space set aside for this project meets the minimum
requirement of the LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
findings: Timing or sequence of development in light of concurrency requirements does
not appear to be a significant problem as part of the PUD rezoning process, but the
project's development must be in compliance with applicable concurrency management
regulations when development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Findings: Currently, the utility and roadway infrastructure has adequate capacity to serve
the proposed CfPUD as well as the surrounding development at this time, i.e. GMP
consistent at the time of rezoning as evaluated as part of the GMP consistency review
indicates (see the staff report). Specific concurrency requirements will need to be met
when development orders are sought.
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.
findings: The petitioner is seeking four deviations to allow design flexibility in
compliance with the purpose and intent of the Planned Unit Development Districts (LDC
Section 2.03.06A). This criterion requires an evaluation of the extent to which
development standards and deviations proposed for this PUD depart from development
standards that would be required for the most similar conventional zoning district. Staff
believes the deviations proposed can be supported, finding that, in compliance with LDC
Section lO.02.13.A.3, the petitioner has demonstrated that "the elements may be waived
without a detrimental effect on the health, safety and welfare of the community" and LDC
Section 1 0.02.l3.B.5.h, the petitioner has demonstrated that the deviations are 'Justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations," Please refer to the staff report for a more extensive examination of the
deviations.
EXHIBIT B
Rezone Findings
PUDZ-A-2007-AR-11723
March 4, 2008
Page 2 of 2
Co~r Cou.n:~y
Agenda Item No. 8B
April 8, 2008
Page 31 of 163
Consistency Review Memorandum
To:
Kay Deselem, Principal Planner, Zoning and Land Development Review
From:
Corby Schmidt, Principal Planner, Comprehensive Planning
Date:
September 13, 2007
Subject:
Growth Management Plan, FLUE
Consistency R"Jiew ~ Stage 2
PETITION NUMBER: PUDZ- A-2007-AR-11723
PETITION NAME: The Vanderbilt Trust 1989 PUD
REQUEST: To rezone the subject property from pUD (Planned Unit Development) to MpUD
(1vlixed Use Planned Unit Development), for developing up to 204,900 square feet of assisted living
facilities and up to 80,000 square feet of commercial land uses ,,~thin the Vanderbilt Beach Road
Neighborhood Commercial Subdistrict.
The petitioner describes property uses found in C-1 through C-3 zoning districts that will range from
medical, professional and commercial offices, to personal services and convenience businesses. No
retail services are proposed. Assisted living facilities are restricted to a maximum of 200 units ,,~th a
maximum floor area ratio (FAR) of 0.6 ~ approximately 51,000 square feet each on four floors - and
commercial uses are limited to a maximum of 80,000 square feet of gross leasable floor area. No single
commercial occupant may occupy more than 20,000 square feet. The existing PUD, comprising :1:7.84
acres was approved on October 12, 1999 for only the assisted li,~ng facilities and was granted an
extension in 2005.
LOCATION: The subject property is located on the north side of Vanderbilt Beach Road,
approximately '/4 mile east of Livingston Road in Section 31, Township 48S, Range 26E.
COMPREHENSIVE PLANNING COMMENTS: pUDZ- A-2007-AR-11723 application
materials indicate that this petition also amends The Vanderbilt Trust 1989 PUD Document, PUD
Master Plan, or in some manner to reflect changed development plans ~ but procedurally, this is not
the case. In practice, the rezone from one PUD to another PL:D affectively discontinues standing
PUD documents and introduces new materials. Amending a PUD is another malter.
The subject property is desi!,'1lated Urban - I'vlixed Use District, Vanderbilt Beach Road Neighborhood
Commercial Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan.
This Subdistrict allows commercial uses, community facilities including assisted living facilities (ALF),
and other offices, businesses and personal services.
-1-
Agenda Item No. 88
Recent EAR-based GMP amendments moved this Subdistrict from the Urban - CommerciapDl.!iffitlt tO~~
to the Urban - Mixed Use District in the FLUE. There have been no substantive amendment~gt~ 1lic? 1
Growth Management Plan that would affect this Subdistrict or the proposed land uses.
FLUE Section LA.II provides the necessary direction to consider during review of this PUD to
MPUD rezoning petition, as follows:
Note that staff commentary is inserted [set off with brackets in this bolded type-face)
in these FLUE excerpts bolded for emphasis in places.
A. Urban - Mixed Use District
This District, which represents approximately 116,000 acres, is intended to accommodate a variety
of residential and non-residential land uses, including mixed-use developments such as Planned
Unit Deveiopments.
11. Vanderbilt Beach Road NeiClhborhood Commercial Subdistrict
The purpose of this Subdistrict is to provide primarily for neighborhood commercial development at
a scale not typically found in the Mixed Use Activity Center Subdistrict. The intent is to provide
commercial uses to serve the emerging residential development in close proximity to this
Subdistrict, and to provide employment opportunities for residents in the surrounding area.
Allowable uses shall be a variety of commercial uses as more particularly described below, and
mixed use (commercial and residential). Prohibited uses shall be gas stations and convenience
stores with gas pumps, and certain types of fast food restaurants.
This Subdistrict consists of two parcels comprising approximately 17 acres, located on the north
side of Vanderbilt Beach Road and east of Livingston Road, as shown on the Subdistrict Map. For
mixed-use development, residential density shall be limited to sixteen dwelling units per acre.
Residential density shall be calculated based upon the gross acreage of the Subdistrict parcel on
which it is located (Parcel 1 or Parcel 2). Rezoning of the parcels comprising this Subdistrict is
encouraged to be in the form of a PUD, Planned Unit Development. At the time of rezoning, the
applicant must include architectural and landscape standards for each parcel. [The required
standards for architecture and landscaping are given in the List of Developer Commitments
and in the Conceptual Master Plan. respectively.)
(These standards are referenced in sections B.1 and B.2 of Developer Commitments, as being
stated in petitioner's Exhibit "E". Neither statement appears in Exhibit "E". Correct
references should be made to Exhibit "F" for architecture and Exhibit "C" for landscaping.)
[Note: Subdistrict text addressing Parcel I is not applicable so is not included.]
b. Parcel 2
This parcel is located approximately Y. mile east of Livingston Road and is adjacent to multifamily
residential uses. A maximum of 80,000 square feet of gross leasable fioor area for commercial
uses may be allowed. Allowable uses shall be the following, except as prohibited above: General
and medical offices, community facilities, and business and personal services, all as allowed,
whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the
Collier County Land Development Code, Ordinance 04-41, as amended, in effect as of the date of
adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005). The maximum fioor
area for any single commercial user shall be 20,000 square feet.
-2-
Agenda Item No. 8B
At the time of rezoning of Parcel 2, the developer shall provide restrictions and staniafll\s~~ f008
insure that uses and hours of operation are compatible with surrounding land uses.age 0 163
Permitted uses such as assisted living facilities, independent living facilities for persons over the
age of 55, continuing care retirement communities, and nursing homes, shall be restricted to a
maximum of 200 units and a maximum floor area ratio (FAR) of 0.6. The developer of Parcel 2
shall provide a landscape buffer along the eastern property line, adjacent to the Wilshire Lakes
PUD, at a minimum width of thirty (30) feet. At the time of rezoning, the developer shall
incorporate a detailed landscape plan for that portion of the property fronting Vanderbilt
Beach Road as well as that portion along the eastern property line, abutting the Wilshire
Lakes PUD. [The required standards for compatihle hours of operation are addressed in the
List of Developer Commitments, and state, "General business hours of operation for
commercial uses shall be from 7:00 A.M. to 7:00 P.M. daily". All other Subdistrict
requirements and limitations including the maximum number of ALF units and are met by this
proposaL]
(The hours of operation are now referenced in section B.3 of Developer Commitments, as
being stated in petitioner's Exhibit "E" - Correct reference should be made to Exhibit "F")
REVIEW OF APPLICATION MATERIALS:
The Planned Unit Development (PUD) Document submitted as part of application materials is the
version dating to 1999and is considered to-be-discontinued.
FLUE Policy 5.4 requires new land uses to be compatible w~th rhe surrounding area. Comprehensive
Planning leaves this determination to Zoning and r "and Development Re\~ew >!aff as part of their
review of the petition in its entirety. However, staff notes that in reviewing the appropriateness of the
requested uses/densities on the subject site, the compatibility analysis is to be comprehensive and
inelude a re\~ew of both the subject proposal and surrounding or nearby properties with regard to
allowed use intensities and densities, development standards (building heights, setbacks, landscape
buffers, etc.), building mass, building location and orientation, architectural features, amount and type
of open space and location, traffic generation/attraction, etc.
Pre-Application Conference notes reflect staffs request for the petitioner to address FLUE Policies
found in Objectives 5 and 7 in their application. Objective 5 and its Policies are indirectly addressed by
statements responding to companion LDC prm~sions. But Objective 7 and its Policies are not
addressed. Re\~se to include.
FLUE Objective 7 and its applicable policies (Smart Growth - Community Character Plan) require that
new development be pedestrian oriented, show traditional neighborhood design, pro\~de
interconnections (vehicular, pedestrian, bicycle) to nearby residential areas, and to nearby commercial
areas (pedestrian, bicycle). No statements w~th respect to Objective 7 are prO\~ded in application
materials. Petitioner is requested to provide explanations, and/or specific traditional design proposals
(including alternatives) sensitive to the surrounding neighborhood, according to Policies 7.1 through
7.5, included below for reference:
Policy 7.1
The County shall encourage developers and property owners to connect their properties to fronting
collector and arterial roads, except where no such connection can be made without violating
intersection spacing requirements of the Land Development Code. [So proposed.]
Policy 7.2
The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The
-} -
Agenda Item No. 8B
information regarding the arrangement of buildings and internal accesses or loop roatll1sr3il48, f2008
d. Ii' . 1 . "N' . I d .,7auel 0 163
addresse In app catIOn matena s, statmg, 0 InterconnectIons or oop roa s are ,easfb e
given the existing development on surrounding properties". Staff reply: Acknowledged.]
Policy 7.3
All new and existing developments shall be encouraged to connect their local streets and their
interconnection points with adjoining neighborhoods or other developments regardless of land use
type. [These interconnections, or the absence thereof, are explained in application materials.]
Policy 7.4
The County shall encourage new developments to provide walkable communities with a blend of
densities, common open spaces, civic facilities and a range of housing prices and types. [The
PUD intends to make these provisions through multiple land uses and interconnection to the
sidewalk system.]
Policy 7.5
The County shall encourage mixed-use development within the same buildings by allowing
residential dwelling units over and/or adjacent to commercial development. This policy shall be
implemented through provisions in specific subdistricts. [The Vanderbilt Trust 1989 property is
proposed as a mixed-use development.]
CONCLUSION: Based on the above analysis, the proposed PUD to MPUD rezone may be deemed
consistent with the Future Land Use Element of the Growth Management Plan, subject to the
corrections necessary to accurately reference Exhibits, as indicated above.
(ON CD-PLUS)
cc: Susan MUTrqy, AlCP, Director of Zoning & Lmd Development JVwiew
Ray Bellows, AlCP, Zoning Manager
Randy Cohen, AlCP, Comprehensive Planning Director
David Weeks, AlCP, Planning Manager
CD/FLUE File
- 4-
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
Agenda Item No. 8B
April 8, 2008
Page 35 of 163
2800 NORTH HORSESHOE DRIVE
NAPLES. FLORIDA 341 04
(239) 403-2400 FAX (239) 643-6968
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
PUDZ,-A-2007-AR-I1723
V ANDERBIL T TRUST PUD
Project: 19990317
Date: 1/23/08
NAME OF APPLlCANT(S) AMY S. TURNER AND/OR TAMMY TURNER KIPP
ADDRESS 6625 NEWHAVEN CIRCLE CITY NAPLES STATE EL- ZIP 34109
TELEPHONE # 239-594-0304 CELL # __________________ FAX # 239-594-0934
E-MAIL ADDRESS: ______________________________________________________________
NAME OF AGENT D. WAYNE ARNOLD. AICP
ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FL ZIP 34134
TELEPHONE # 239-947-1144 CELL # ____________________ FAX # 239-947-0375
E-MAIL ADDRESS:WARNOLD@GRADYMINOR.COM
NAME OF AGENT RICHARD D. YOVANOVICH
ADDRESS 4001 TAMIAMI TR. N.. SUITE 300 CITY NAPLES STATE EL- ZIP 34103
TELEPHONE # 239-435-3535 CELL # ____________________ FAX # 239-435-1218
E-MAIL ADDRESS:RYOVANOVICH@GCJLAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE
YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH
THESE REGULATIONS.
Application For PubJic Hearing For PUP Rezone 1/22107
VTPA7
Agenda Item No. 8B
April 8, 2008
of 163
Complete the following for all Association(s) affiliated with this petition.
Provide additional sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION: WILSHIRE LAKES MASTER ASSOCIATION
MAILING ADDRESS 9877 CLEAR LAKE CIRCLE CITY NAPLES STATE.E!..- ZIP 34109
NAME OF HOMEOWNER ASSOCIATION: PELICAN MARSH OWNERS' ASSOCIATION
MAILING ADDRESS 138S WOOD DUCK TRAIL CITY NAPLES STATE ~ ZIP 34108
NAME OF HOMEOWNER ASSOCIATION: PELICAN MARSH PROPERTY OWNER ASSOC.
MAILING ADDRESS 1853 TIMARRON WAY CITY NAPLES STATE FL
ZIP 34109
NAME OF MASTER ASSOCIATION: VILLAGE WALK HOMEOWNERS ASSN. OF NAPLES.
INC.
MAILING ADDRESS 3953 ISLA CIUDAD COURT CITY NAPLES STATE ~ ZIP 34109
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by
the entirety, tenancy in common, or joint tenancy, list all parties
with an ownership interest as well as the percentage of such
interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
Amv Turner - 6625 New haven Circle
NaDles. Florida 34109
Tammv Turner - 3252 Reoatta Road
NaDles. Florida 34103
50%
22%
Application For Public Hearing For PUD Rezone 1/22/07
VTPA7
Agenda Item No. 8B
April 8, 2008
b. If the property is owned by a CORPORATION, list the officersP~R'CI37 of 163
stockholders and the percentage of stock owned by each.
Name and Address
Percentage of Ownership
--------------------
--------------------
-----------------------------------
--------------------
c. If the property is in the name of a TRUSTEE, list the beneficiaries of
the trust with the percentage of interest.
Name and Address
Percentage of Ownership
-----------------------------------
-----------------------------------
-----------------------------------
-----------------------------------
d. If the property is in the name of a GENERAL or LIMITED
PARTNERSHIP, list the name of the general and/or limited partners.
Name and Address
Percentage of Ownership
BRT (oastallnvestment Partnership
General Partner
BRT Educational Enterprises. Inc.
Z! 0 Moorina Line Drive
Naples. Florida 34102
Bernard Turner
Rita Turner
28%
,.
"
Application For Public Hearing For PUD Rezone 1122/01
VTPA7
Agenda Item No. 8B
April 8, 2008
Page 38 of 163
e. If there is a CONTRACT FOR PURCHASE, with an individual or
individuals, a Corporation, Trustee, or a Partnership, list the names
of the contract purchasers below, including the officers,
stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
The Villaae at ASDen Grove. LLC
Uccellinl Familv. LLC
Walter Uccellinl
Michael Uccellinl.
Walter Uccellinl. The Crosswav
Trov. NY 12180
Michael Uccellini. 3 Hiah Meadow Rd. 1 %
Trov. NY 12180
90%
9%
Date of Contract: Sept. 14. 2007
f. If any contingency clause or contract terms involve additional
parties, list all individuals or officers, if a corporation, partnership,
or trust.
;-
Name and Address
g. Date subject property acquired 0 leased 0 Term of lease
_________yrs./mos.
If, Petitioner has option to buy, indicate the following:
Date of option: _______________________
Date option terminates: __________________. or
Anticipated closing date __________________
h. Should any changes of ownership or changes in contracts for
purchase occur subsequent to the date of application, but prior to
the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental
disclosure of interest form.
Application For Public Hearing For PUD Rezone 1/22/07
VTPA7
Agenda Item No. 8B
April 8, 2008
Page 39 of 163
.
Detailed legal description of the property covered by the application:
THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST OUARTER OF THE SOUTHWEST OUARTER
OF SECTION 31. TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA. TEN om
ACRES MORE OR lESS. LESS A PERPETUAL AND EXCLUSIVE EASEMENT FOR RIGHT OF WAY FOR
PUBLIC ROAD PURPOSES OVER THE SOUTH 1 SO FEET AS RECORDED IN O.R. BOOK 915. PAGE 286.
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBIECT TO OIL. GAS AND MINERAL RIGHTS
PREVIOUSLY RESERVED OF RECORD AND SUBIECT TO EXISTING RESERVATIONS AND
RESTRICTIONS OF RECORD.
Section/Township/Range 31 / 48S / 26E
Lot: _______ Block: ____ Subdivision: ______________________________
Plat Book ____ Page #: _________ Property I.D. #: 00201000003
Metes & Bounds Description: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF
THE SOUTHWEST OUARTER OF SECTION 31. TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER
COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST OUARTER OF SECTION 31.
TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA: THENCE RUN NORTH
89'56'12" WEST. ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31.
FOR A DISTANCE OF 661.05 FEET: THENCE RUN NORTH 02'11'18" WEST FOR A DISTANCE OF
1 50.12 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED:
FROM SAID POINT OF BEGINNING. ALSO BEING A POINT 150 NORTH OF AND PERPENDICULAR TO
SAID SOUTH LINE OF THE SOUTHWEST OUARTER OF SAID SECTION. THENCE RUN NORTH
89'56'12" WEST. AND PARALLEL WITH. AND 150 FEET NORTH OF. SAID SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTIQN 31, FOR A DISTANCE QF 660,98 FEET TO THE WEST
LINE OF THE SOUTHWEST OUARTER OF THE SQUTHEAST QUARTER QF THE SOUTHWEST QUARTER
OF SAID SECTION 31: THENCE RUN NORTH 02'09'51" WEST, ALONG SAID WEST LINE. FOR A
DISTANCE OF 517.32 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31: THENCE RUN SOUTH
89'S6'42" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31. FOR A DISTANCE OF 660.76 FEET
TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SAID SECTION 31: THENCE RUN SOUTH 02"11'18' EAST. ALONG
THE EAST LINE OF THE SOUTHWEST QUARTER QF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 31. FOR A DISTANCE OF S 17.43 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 7.843 ACRES. MORE OR.
Size of property: ____________ft. X _________ft. = Total Sq. Ft. ______ Acres 7.8+
Address/general location of subject property: The site is located aODroximatelv 1/4
mile east of the intersection of LivinQston Road and Vanderbilt Beach Road.
..
:
PUD District (LDC 2.03.06); 0 Residential I2J Community Facilities
o Commercial D Industrial 0 Mixed Use
Application For Public Hearing For pun Rezone 1/22107
VTPA7
Agenda Item No. 8B
April 8, 2008
Page 40 of 163
.
Zoning
land use
N PUD
S PUD
E PUD
W A. Aa
Pelican Marsh PUD. aolf course
Vinevards PUD (Villaae Walk). residential
Wilshire Lakes PUD [Fieldstone Condos). residential
Bobbin Hollow Eauestrian Center
Does the owner Df the subject property own property contiguous to the
subject property? If so, give complete legal description of entire contiguous
property. (If space is inadequate, attach on separate page). No
Section/Township/Range --~/-----_f _____
lot: ________ Biock: ____ Subdivision: __________________________
Piat Book ____ Page #: _____ Property I.D. #: ____________________
Metes & Bounds Description:
. .:.' . ,"," ," !.I' .
~. ". , '. '.: . , : . ~ . ~ .. ~
This application is requesting a rezone from the PUD
CFPUD zoning district(s).
Present Use of the Property: Undevelooed
zoning district(s) to the
----------------------------------------------------------------------------------
Proposed Use (or range of uses) of the property: Assisted Livina. continuinq care
retirement communities. nursina homes. retirement communities and indeoendent
Iivina facilities for oersons over the ace of 55
Original PUD Name: Vanderbilt Trust 1989 PUD
Ordinance No.: 99-70
_......,..!~
. '. .' . , ',.' ~, . . . '. . .
Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's
analysis and recommendation to the Planning Commission, and the Planning
Commission's recommendation to the Board of County Commissioners shall be based
upon consideration of the applicable criteria noted below. Provide a narrative statement
describing the rezone request with specific reference to the criteria noted below.
Include any backup materials and documentation in support of the request.
PUD Rezone Considerations (LOC Section 10.02.13.8)
t:
The subject application proposes to amend the existing Vanderbilt Trust 1989
Commercial Planned Unit Development to permit assisted Living, continuing care
retirement communities, nursing homes, retirement communities and independent living
Appliclltion For Public Hearing For PUD Rezone 1122107
VTPA7
Agenda Item No. 8B
April 8, 2008
. Page 41 of 163
facilities for persons over the age of 55, at a floor area ratio (FAR) of 0.6. The property
is approximately 7.8+/- acres in size and is located on Vanderbilt Beach Road,
approXimately )4 mile east of Livingston Road. The original PUD was approved in
1999, and received an extension of the PUD in 2005.
The project Is located within the Vanderbilt Beach Road Neighborhood Commercial
Sub-district of the Future Land Use Element. The current property owners were the
applicants for the sub-district, which was adopted by the Board of County
CommissiDners as Ordinance 2005-25. The proposed land uses, and development
standards are consistent with the intent and purpose of the sub-district. The conceptual
master plan prepared for the property identifies the proposed building areas as well as
the proposed points of ingress/egress to the site, landscape buffers, preserve area, and
areas proposed for storm water retention. The proposed development is compatible
with surrounding development.
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
The subject property is located in the Vanderbilt Beach Road Neighborhood
CDmmercial Sub-district of the Future Land Use Element and Future Land Use
Map. The property was previously zoned to PUD in 1999 to permit assisted
living, skilled nursing and child care uses on the property. Due to the recent six-
laning Df Vanderbilt Beach Road and the extension of Livingston Road, the
Board of County Commissioner's recognized that the site is also appropriate for
lower intensity commercial uses.
The Vanderbilt Beach Road Neighborhood Commercial Sub-district includes
some. development standards which were established to insure compatibility with
neighboring property owners. The development standards proposed include
provisions for a minimum thirty foot (30') wide landscape buffer adjacent to the
Wilshire Lakes PUD to the east of the subject property, Assisted living and/or
independent living uses for persons over the age of 55, continuing care
retirement communities, nursing homes, and retirement communities have been
limited by the establishment of a floor area ratio (FAR) of 0.6.
The project has direct access to Vanderbilt Beach Road at an access location
which was established in coordination with the Collier County Transportation
Department during recent construction of the six-lane improvements for
Vanderbilt Beach Road. Urban services are presently available to the property
and sufficient capacity exists to serve the uses proposed in the PUD.
2. Adequacy of evidence of unified control and suitability of any proposed
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.
Application For Public Hearing For PUD Rezone 1/22/07
VTPA1
Agenda Item No. 8B
April 8, 2008
Page 42 of 163
The documents submitted with the application provide evidence of unified control
and appropriate disclosures are provided in the application.
3. Conformity of the proposed PUD with the goals, objectives and policies of
the growth management plan.
As previously discussed, the PUD is consistent with the Vanderbilt Beach Road
Neighborhood Commercial Sub-district of the Future Land Use Element.. which
was approved by the Board of County Commissioners as Ordinance 2005-25.
The PUD is also consistent with the Conservation and Coastal Management
Element of the Growth Management Plan, by retaining 1 +/- acres of on-site
native vegetation consistent with the criteria established in Policy 6.1.1.
4. The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on
design, and buffering and screening requirements.
The proposed development is compatible with the surrounding land use pattern.
The internal arrangement of the proposed development, access points and
project buffers are consistent with the Growth Management Plan and Land
Development Code and sound planning principles with respect to urban infill
development. The PUD proposes a minimum thirty feet (30') wide landscape
buffer and preserve area adjacent to the Fieldstone Village Condominium
residential development, and the building setback from the neighboring project
has been established at forty feet (40').
5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
Open spaces will be provided for this project and will include areas for landscape
buffers, native vegetation preserves, building landscaping, and water
management areas.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
The proposed timing of development will be required to be consistent with the
County's concurrency management system in effect at the time development
order approvals are granted. At the time of application, there are no known
deficiencies of the surrounding infrastructure system.
7, The ability of the subject property and of surrounding areas to
accommodate expansion.
At the filing date of the zoning application there are no plans to expand the
boundaries of the proposed PUD. Adjacent properties are presently developed
and occupied. The application includes all properties under the unified control of
the applicant. Any expansion of the Vanderbilt Trust 1989 PUD would require an
amendment to the Collier County Growth Management Plan.
Application For Public; Hearing For PUD Rezone 1/22/07
VTPA7
Agenda Item No. 88
April 8, 2008
8. Conformity with PUD regulations, or as to desirable modifications of ~lW:'h 43 of 163
regulations in the particular case, based on determination that such
modifications of justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
The proposed PUD includes development standards and conditions which are
appropriate for the group housing uses proposed.
Deed Restrictions: The County is legally precluded from enforcing deed
restrictions, however, many communities have adopted such restrictions. You may
wish to contact the civic or property owners association in the area for which this
use Is being requested in order to ascertain whether or not the request is affected
by existing deed restrictions.
Previous land use petitions on the subiect oropertv: To your knowledge, has a
public hearing been held on this property within the last year? DYes r3J No
If so, what was the nature of that hearing? _________________________________
NOTICE:
This application will be considered flopen" when the determination of
"sufficiency" has been made and the application is assigned a petition
processing number. The application will be considered "closed" when the
petitioner withdraws the application through written notice or ceases to suoolv
necessarv information to continue orocessino or otherwise active Iv pursue the
rezoninq for a period of six (6) months. An application deemed "closed" will
not receive further processing and an application "closed" through inactivity
shall be deemed withdrawn. An application deemed "closed" may be re-opened
by submitting a new application, repayment of all application fees and granting
of a determination of "sufficiency". Further review of the project will be subject
to the then current code. (LDC Section 1O,03.0S.Q.)
Application For Public Hearing For PUO Rezone 1/22/07
YTPA7
~it~;;~~:~~
":','-';'I~"~i:'~r~'~~lS~~:I~':.:,;~~j::..;~
,.' ':,:fl~~\~;j) ','Ir., "~~';-'1.
.';'):j',1;'t~~~1~\'Jrf; .
..'
...
Agenda Item No. 88
April 8, 2008
P 4 of 163
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED
BELOW W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUBMITTALS WILL NOT BE ACCEPTED.
1 Additional set If located in the Bayshore/Gateway Triangle
Redevelo ment Area)
Co ies of detailed descri tlon of wh amendment is necessa
Completed Application with list of Permitted Uses; Development
Standards Table; List of proposed deviations from the LDC (if any); List
of Developer Commitments (downioad application from website for
current form)
Pre-a Iicatlon meetin notes
PUD Conce tual Master Plan 24" x 36" and One 8 JI," x 11" co
Proposed PUD Conceptual Master Plan 24" x 36"and One 8 V," x 1 1"
co
Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF
AMENDING THE PUD
Revised PUD a lication with chan es crossed thru & underlined
Revised PUD application w/amended Title page w/ord #'s, LDC
1O.02.13.A.2
-
Deeds/Legal's & Survey (if boundary of original PUD is amended)
List identifying Owner & all parties of corporation
Owner/Affidavit signed & notarized
Covenant of Unified Control
Completed Addressing checklist
#OF NOT
COPIES REQUIRED REQUIRE
X
24 X
24 X
24 X
24 X
24 X
24 X
24 X
24 X
2 X
2 X
2 X
2 X
2 X
Environmental Impact Statement (EIS) and digital/electronic copy of EIS X
or exem tion 'ustification 4
Historical Surveyor waiver request 4 X
Utility Provisions Statement w/sketches 4 X
Architectural rendering of proposed structures 4 X
Survey, signed & sealed 4 X
Traffic Impact Statement (TiS) or waiver 7 X
Recent Aerial Photograph (with habitat areas defined) min scaled X
1 "-400' 5
Electronic copy of ali documents in Word format and plans (CDRom or X
Diskette)
Letter of No Objection from the u.s. Postal Service X
If located In RFMU (Rural Frinae Mixed Use) Receivina land Areas
Applicant must contact Mr. Gerry J. avera. Stat of Florida Division of Forestry @ 239-690-3S00 for
infOr~g ':Wild ire Mitiga n Preventlo Plan". lDC Section 2~03. 8.A.2.a.(b)i.c.
----------~_ _ ____ _ _ __~ _ ____jl-~? _og
App IcanrjA -ent Signature Dare
Application For Public Hesring For PUD Rezone 1 f22/07
;..
VTPA7
Agenda Item No. 8B
April 8, 2008
Page 45 of 163
Well, The Village at Aspen Grove, LLC being first duly sworn, depose and say
that well amlare the contract purchaser of the property described herein and
which is the subject matter of the proposed hearing; that all the answers to the
questions in this application, including the disclosure of interest information,
all sketches, data, and other supplementary matter attached to and made a part
of this application, are honest and true to the best of our knowledge and belief.
Well understand that the information requested on this application must be
complete and accurate and that the content of this form, whether computer
generated or County printed shall not be altered. Public hearings will not be
advertised until this application is deemed complete, and all required
information has been submitted.
As contract purchaser Well further authorize Q. Grady Minor and Associates,
P.A. and Goodlette, Coleman and Johnson, P.A., to act as our Imy representative
in any matters regarding this Petition.
Walter Uccellini. Manaoer
Typed or Printed Name of Contract Purchaser
STATE OF
COUN1Y OF
~ ~~~c.a("
Sworn to (or affirmed) and subscribed before me this ~*' day ofD:$,\~, _, 2007 by
\,:)o-.\v';. \)~\.\L~ who is personally known to me or has produced
_.'b.'&iSlS~__ as identification.
Michelle M. Adams
Nolll!Y Pu.bllc, !llale of New York
Reg..tration NO. 01A06084277
Qualified in Saratoga Countv
Commission Expires December 2, ~()
~.~\).~~, ~
f'JR,t'!ry. Public ('\ \
~~S0}.._~~~
(Name typed, printed or stamped)
(Serial Number, if any)
PUDZ-A-07-AR-11723 REV: 3
VANDERBILT TRUST PUD
Project: 19990317
Date: 10/16/07 DUE: 11/14/07
RECEIVED
OCT 1 2 2007
Q. ((3rady Minor
& Associates, PA
YTPA7
Application For Public Hcarillg For POO Rezone 1/22107
AFFIDAVIT
PUDZ-A-2007-AR_1J723 AgeMq))E;m No. 88
Project: 19990317 """-'JJtiI8,2008
Date: 5/10/07 DUE: ltlhJ~ 46 of 163
Well, BRT Coastal Investment limited Partnership being first duly sworn, depose
and say that well am/are the owners of the property described herein and which is
the subject matter of the proposed hearing; that all the answers to the questions in
this application, Including the disclosure of interest information, all sketches, data,
and other supplementary matter attached to and made a part of this application,
are honest and true to the best of our knowledge and belief. Well understand that
the information requested on this application must be complete and accurate and
that the content of this form, whether computer generated or County printed shall
not be altered. Public hearings will not be advertised until this application is
deemed complete, and all required information has been submitted.
As property owner We/I further authorize Q. Grady Minor and Associates, P.A and
Goodlette, Coleman and Johnson, P.A., to act as ourlmy representative in any
matters regarding this Petition.
BRT Coastal Investment Limited Partnership
By: BRT Educational Enterprises, Inc., a Florida corporation, its General Partner
~~:~::~:::;~-;;- 6~Yowne;----
Bernard L. Turner. President
Typed or Printed Name of Owner
Rita Turner. Secretary
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this d-"l
day of
"1 2007, by ~~'VA.""-":>. .~ ~'--'"''''/ ''>-'~A.'~''''_'-''''I'_ who-tsa.~
.
personally known 0 me or has produced as identification.
"'mx;,:;~'~"""''''' NICOLE L. FELTS
{ll .., Notary Public. Slate of Florida
\~ ',i.iMy Commission Expires Apr 21, 2009
-..)i't;,'f' ~'f.,..., CommioslOl1 # DD 421461
Stat -". .
County of Collier
" - "'-
___1__LA-C:._ ~ ~_<.._\-:."-~g~___
(Signature of Notary Public - State of
Florida)
-~~~3.....~___~~__<:;c...-lo-"'S:..~
(Print, Type, or Stamp Commissioned
Name of Notary Public)
~9v~~t 00 # UO!SS!WWOO ~,-$.~I;~g~.,
600~ 't~ Jdv '"""'.3 vm",IWWOO Iw;~m:o':~.
ep!JOl,! JO allllS . "IQnd ~1ll0N " . J
S113,1 ., 3;OOIN 'io,,~. u;; ^..~'f,1
tl",,~,,\,
Application For 'Pu15lic
PUJ?Z-A-2007-Afu~ IternltRVtlB
ProJect: 19990317 April 8, 2008
Date: 5/10/07 P;Jg;EI,76Yll/013
AFFIDAVIT
We/I, Amy Turner and Tammy Turner Kipp being first duly sworn, depose and say
that we/I am/are the owners of the property described herein and which is the
subject matter of the proposed hearing; that all the answers to the questions in this
application, including the disclosure of interest information, all sketches, data, and
other supplementary matter attached to and made a part of this application, are
honest and true to the best of our knowledge and belief. We/I understand that the
information requested on this application must be complete and accurate and that
the content of this form, whether computer generated or County printed shall not
be altered. Public hearings will not be advertised until this application is deemed
complete, and all required information has been submitted.
As property owner We/I further authorize Q. Grady Minor and Associates, P.A. and
Goodlette, Coleman and Johnson, P.A., to act as our/my representative in any
matters regarding this Petition.
___~~J~~____
Signature of Property Owner
Amv Turner
Typed or Printed Name of Owner
Tammv Turner KioD
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this Oll'\ ,\'-'
F<=.~'?-U"'''''' , 2007, by A~'\ ~~""-'-'-""-/~A""\-".'1 ~cR-,-,,","'- ",-,-...",
day of
who-r.;,."._
~rsonally kn~ to me or has produced
as identification.
.tm'~~;,'~""~~ NICOLE l. FELTS
r. ..i NolllfyPubIic.SlaleolFIoIlde
'<" ~illrt Commission E........ AN 21 2009
~," ~ ....".. t'" .
..If,.nr,.; . Commission # DO 421461
l' - --
-- --~-~~--~~~~-
(Signature of Notary Public - State of
Florida)
State of Florida
County of Collier
-~~~\;;;- ____1.-_....:3;5.:- '-=~::,
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Application For Public Hearing For PUD Rezone 1122/07
2006 FOR PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# 368540
Entity Name: BRT EDUCATIONAL ENTERPRiSES, INC.
FILEl9genda Item No. 88
Apr11,2006 Apri1S,200S
Secretary of Sffitee 48 of 163
Current Principal Place of Business:
801 ANCHOR RODE DR
STE 206
NAPLES, FL 34103 US
Current Mailing Address:
801 ANCHOR RODE DR
STE 206
NAPLES, FL 34103 US
New Principal Place of Business:
New Mailing Address:
FEt Number: 59-1347394
FE! Number Applied For ( )
FEI Number Not Applicable ( )
Certificate of Status Desired ( )
Name and Address of Current Registered Agent:
TURNER,BERNARD L
210 MOORING LINE DRIVE
NAPLES, FL 34102 US
Name and Address of New Registered Agent:
The above named entity submits this statement for the purpose of changing its registered office or registered agenL or both,
in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agant
Date
Election Campaign Financing Trust Fund Contribution ( ).
OFFICERS AND DIRECTORS:
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
TItle:
Name:
Address:
iity-st~Zip:
PO ( ) Delete
lURNER,BERNARD L.
801 ANCHOR RODE DR
NAPLES, FL 34103
SO ( ) Delete
TURNER,RITA,
801 ANCHOR RODE DR
NAPLES, FL 34103
TItle:
Name:
Address:
City-Sf-Zip:
( ) Change ( ) Addltlon
TItle:
Name:
Address:
City-51-Zip:
TItle:
Nama:
Address:
Cily.st-Zlp:
( ) Change ( ) Addition
PUDZ-A-2007-AR_1I723 REV: 1
Project: 19990317
Date: 51! 0/07 DUE: 6/8/07
I hereby certify that the information supplied with this filing does not qualifyforthe forthe exemption stated in Chapter 119.
Florida statutes. I further certify that the information indicated on this report or supplemental report Is true and accurate and that
my electronic signature shail have the same legal effect as if made under oath; that I am an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above. or on an attachment with an address, with all other like empowered.
SIGNATURE: BERNARD L. TURNER
Electronic Signature of Signing Officer or Director
PD
04/11/2006
Date
COVENANT OF UNIFmD CONTROL
Agenda Item No. S8
April 8, 200S
Page 49 of 163
The undersigned do hereby swear or affinn that we are the fee simple titleholders and owners of record of property
commonly known as Folio Number 00201000003. No Site Address
(Street address and City. State and Zip Code)
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for residential planned Wlit development (RPUD) zoning.
We hereby designate Q. Grady Minor and Associates, P. A. and Goodlette, Coleman and Johnson, P.A., legal
representatives thereof, as the legal representatives of the property and as such, these individuals are authorized to legally
bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but
is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and
studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize
development activity on the property until such time as a new or amended covenant of Wlified control is delivered to
Collier CoWlty.
The Wldersigned recognize the following and will be guided accordingly in the pursuit of development of the project:
I. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and
stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in
part, mless and Wltil a new or amended covenant of unified control is delivered to and recorded by Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or
safeguards provided for in lhe planned wit development process will constitute a violation oflhe Land Development
Code.
4. All terms and conditions of lhe planned unit development approval will be incorporated into covenants and
restrictions which TWl with the land so as to provide notice to subsequent owners that all development activity within
the planned wit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the tenus,
safeguards, and conditions of the planned Wlit development, seek equitable relief as necessary to compel
compliance. The Comty will not issue permits, certificates, or licenses to occupy or use any part ofthe planned unit
development and the Comty may stop ongoing construction activity Wltil the project is brought into compliance
wilh all tenos, conditions and safeguards oflhe planned unit development
0~~~'WZ
~4:fiAP-tf(J
Owner
Amv Turner
Printed Name
Tammv Turner Kino
Printed Name
STA1EOFFLORlDA)
COUNTY OF COLLIER)
Sworn to (or affirmed) and subscribed before me this .J<) ""day of ",";;::'a<;;>'u/>...Ia.'-I . 2007 by
A'M.'\ ","^,,-n"'-"?-.. """"AV'\V\'\ ',,--\~~
=<<<
hoois personally known me or has produced
as identification.
') - -
? .--~ _=,"~n ':::::::?'_ \....;....~
Notary Public
~,\.r <"").. 12 "-. ~=-,-"'\ S
(Name typed, printed or stamped)
/.m'~;~;'~"}" NICOLE L. FELTS
j~ '.g Notary Publi<:. Slale of Florida
',;h ~,MyCommisslonExpiresApr21,2OIl9
~ "'.'ff,;.~..,.. CommISSion # DO 421461
Application For Public nearmg rnr
(Serial Number, if any)
07
Agenda Item No. 8B
April S, 200S
Page 50 of 163
VANDERSILTTRUST 1989 PUD
Exhibit A
Legal Description
OR 1417, PAGE 1398
THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTiON 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLliER COUNTY,
FLORIDA, TEN (10) ACRES MORE OR LESS, LESS A PERPETUAL AND EXCLUSIVE
EASEMENT FOR RIGHT OF WAY FOR PUBliC ROAD PURPOSES OVER THt= SOUTH 150
FEET AS RECORDED IN O.R. BOOK 915, PAGE 286, PUBliC RECORDS OF COLLIER
COUNTY, FLORIDA. SUBJECT TO OIL, GAS AND MINERAL RIGHTS PREVIOUSLY
RESERVED OF RECORD AND SUBJECT TO EXISTING RESERVATIONS AND
RESTRICTIONS OF RECORD.
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS:
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLliER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION
31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
NORTH 89'56'12" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTiON 31, FOR A DISTANCE OF 661.05 FEET; THENCE RUN NORTH 02'11'18"
WEST FOR A DISTANCE OF 150.12 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND HEREIN DESCRIBED;
FROM SAID POINT OF BEGINNING. ALSO BEING A POINT 150 NORTH OF AND
PERPENDICULAR TO SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION, THENCE RUN NORTH 89'56'12" WEST, AND PARALLEL WITH, AND 150 FEET
NORTH OF, SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31,
FOR A DISTANCE OF 660.98 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31;
THENCE RUN NORTH 02'09'51" WEST, ALONG SAID WEST LINE, FOR A DISTANCE OF
517,32 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE
RUN SOUTH 89'56'42" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31,
FOR A DISTANCE OF 660,76 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 31; THENCE RUN SOUTH 02'11 '1S" EAST, ALONG THE EAST liNE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 31, FOR A DISTANCE OF 517.43 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 7.S43 ACRES, MORE OR
LESS.
COVENANT OF UNIFIED CONTROL
Agenda Item No. 8B
April 8, 200S
Page 51 of 163
The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property
commonly known as Folio Number 00201000003. No Site Address
(Street address and City, State and Zip Code)
and legaUy described in Exhibit A attached bereto.
The property described herein is the subject of an application for residential planned unit development (RPUD) zoning.
We bereby designate Q. Grady Minor and Associates, P. A. and Goodlett., Coleman and Johnson, P.A~ legal
representatives thereof, as the legal representatives of the property and as sucb, these individuals are authorized to legally
bind all owners of the property in tbe course of seeking the necessary approvals to develop. This authori1y includes, but
is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and
studies necessa!)' to obtain zoning approval on the site. These representatives will remain the only entity to authorize
development activity on the property until such time as a new or amended covenant of unified control is delivered to
Collier County.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project:
1. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in cOIUlection with tbe planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance witb all terms, conditions, safeguards, and
stipulations made at the time of approval of the master plan, even if the property is subsequently sold in wbole or in
part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County.
3. A departW'e from the provisions of the approved plans or a failure to comply with any requirements. conditions, or
safeguards provided for in the planned unit development process will constitute a violation of the Land Development
Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions wbich run with the land so as to provide notice to subsequent owners that all development activity within
the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the tenns,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit
development and the County may stop ongoing construction activity until the project is brought into compliance
with all tenns, conditions and safeguards of the planned unit developmenl
~;~~ ~Lb1
o er
(!6$rffP~tO
Owner
Amv Turner
Printed Name
Tammv Turner Kioo
Printed Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
Sworn to (or affrnned) and subscribed before me this .:l'1 "'"day of =.;::;a~......~,-\ .2007 by
A""'-'" "''-'''''-,..,'''-'''- ...."^""""'''' ''C..'","\'>
~"'"
ho.is personally known me or bas produced
as identification.
') - -
t ./ -- ...-'"2'"' ="- ,~~
Notary Public
\......:,,,,... n.......G:. L.. ~-=-,--.." S
(Name typed, printed or stamped)
$~m'~~~~I~t~2"~ NICOLE L. FELTS
. o. N
~.. :.; otaryPubliC-StateofFlorlda
,~ ~,;1.1y Commission Ex"", Apr21 2009
~~ ~ r.
"",w.::;. ,.... Commission # 00 421461
(Serial Number, if any)
Application For ti ie
g or
07
Agenda Item No. 8B
April 8, 2008
Page 52 of 163
VANDERBILT TRUST 1989 PUD
Exhibit A
Legal Description
OR 1417, PAGE 1398
THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, TEN (10) ACRES MORE OR LESS, LESS A PERPETUAL AND EXCLUSIVE
EASEMENT FOR RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER THE SOUTH 150
FEET AS RECORDED IN OR BOOK 915, PAGE 286, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. SUBJECT TO OIL, GAS AND MINERAL RIGHTS PREVIOUSLY
RESERVED OF RECORD AND SUBJECT TO EXISTING RESERVATIONS AND
RESTRICTIONS OF RECORD.
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS:
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION
31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
NORTH 89056'12" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 31, FOR A DISTANCE OF 661.05 FEET; THENCE RUN NORTH 02011'18"
WEST FOR A DISTANCE OF 150.12 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND HEREIN DESCRIBED;
FROM SAID POINT OF BEGINNING, ALSO BEING A POINT 150 NORTH OF AND
PERPENDICULAR TO SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION, THENCE RUN NORTH 89056'12" WEST, AND PARALLEL WITH, AND 150 FEET
NORTH OF, SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31,
FOR A DISTANCE OF 660.98 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31;
THENCE RUN NORTH 02"09'51" WEST, ALONG SAID WEST LINE, FOR A DISTANCE OF
517.32 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE
RUN SOUTH 89056'42" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31,
FOR A DISTANCE OF 660.76 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 31; THENCE RUN SOUTH 02011'18" EAST, ALONG THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 31, FOR A DISTANCE OF 517.43 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 7.843 ACRES, MORE OR
LESS.
COLI.:it:R COUNTY GOVERNMENT
ADDRESSING DEPARTMENT
Agenda Item No. 8B
April S, 200S
2800 NORTH HORSE8~~MS3
NAPLES, FLORIDA 34104
Please complete the following and fax to the Addressing Department at 239-659-5724 or submit in person to the
Addressing Department at the above address.
Form must be signed by Addressing personnel prior to pre-application meeting. Not all items will apply to every project
items in bold type are required. Forms older than 6 months will require additional review and approval by the Addressing
Department.
PETITION TYPE (check petition type below, complete a separate Addressing Checklist for each Petition Type)
o BL (Blasting Permit)
o BD (Boat Dock Extension)
o CamivallCircus Permit
o CU (Conditional Use)
o EXP (Excavation Permit)
o FP (Final Plat
o LLA (Lot Line Adjustment)
o PNC (Project Name Change)
o PPL (Plans & Plat Review)
o PSP (Preliminary Subdivision Plat)
~ PUD Rezone
o RZ (Standard Rezone)
DSDP (Site Development Plan)
o SDPA (SDP Amendment) .
o SDPI (Insubstantial Change to SDP)
o SIP (Site Improvement Plan)
o SIPI (Insubstantial Change to SIP)
o SNR (Street Name Change)
o SNC (Street Name Change - Unplatted)
o TDR (Transfer of Development Rights)
o VA (Variance)
o VRP (Vegetation Removal Permit)
o VRSFP (Vegetation Removal & Site Fill Permit)
o OTHER
LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached)
31 4826 W1/2 of S1/2 of SE1/4 OF SW1/4. LESS S 150 FT RIW - PARCEL 31
FOLIO (Property 10) NUMBER(s) of above (attach to, or associate with. legal description if more fhan one)
00201000003
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
NO SITE ADDRESS
. LOCA TrON MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way
. SURVEY (copy -needed only for unplatted properties)
PROPOSED PROJECT NAME (if applicable)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
SOP or AR #
PUDZ-A-2007-AR-1I723 REV: 1
Project: 19990317
Date: 5/10/07 DUE: 6/8/07
2
Agenda Item No. 8B
April 8, 2008
Page 54 of 163
ADDRESSING CHECKLIST - PAGE lWO
Project or development names proposed for. or already appearing in. condominium documents (if application: indicate
whether proposed or existing)
Please Check One:
o Checklist is to be Faxed back
181 Personally Picked Up
APPLICANT NAME: SHARON UMPENHOUR
PHONE: 947-1144
FAX: 947-0375
Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is
subject to further review by the Addressing Department.
FOR STAFF USE ONLY
Primary Number 4- \ <1 ~
.ddress Number
Address Number
Address Number
Approved by: )l,,-~
Updated by:
~Q-.
Date: bS- C~-Ol
Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
/--
Page 2 of 2
CurrentlApplication Fonns\Addressing Checklist rev 020207.doc
...
Agenda Item No. 88
April 8, 2008
3206582 OR: 3321 PG:g~565f 163
__ II omcm-. of CIWII CIOBft, '"
M/M/ZIt! at II:UllIIt. I. IIIICI, l:IIII
DC . II.S.
"'.71 .n
This bull'Umelll was prepared wllhoutlegBl opinion by and. after
ltCOl'lIlD8. sbouJd be telUmed 10:
KauIeIh D, 000dmBn. Esquire
Goodman Breen & Gibbs
3838 Tamiami Trail North. Suite 300
Naples, Florida 34103
239-403.3000
..tal
.... 11III It lL
!m !IIUIl ft I Ptt
IIPUI '" Uta
WARRANTY DEED
(Reserved fur ReconIiDa 1nfotDllrion)
TIUS INDENTURE, made this /i day of June, 2003, betw~D BuNARD L.
TuRNEll AND RrrA TuRNEll, husband and wife. Grantor., and BRT COASTAL INvEsTMENT
LIMITED PARTNERSHIP, A FLoRD>A LIMITED PARTNERSIIIP, whose post office address is 2 to
Mooring Line Drive. Naples. Florida 34102, Grantee.,
SUBJECT TO restrictions, reservations, and easements of record. and taxes for
year 2003 and subsequent years.
Folio Number 002010??oo3.
And said Grantor does hereby fully warrant the title to said land, and will defend the
same against the lawful claims of all persons whomsoever,
. "Grantor" and "Grantee" IIl'e WIed Cor sin&uIu or plun1. u cowext requires.
PUDZ-A-2007-AR-1I723 REV: 1
Project: 19990317
Date: 5/10/07 DUE: 6/8/07
Agenda Item No. 88
April 8, 2008
Page 56 of 163
,
ttt OR: 3321 PG: 2566 ttt
IN WITNESS WHEREOF, Onmor bu berCUDIO set Grantor's bllld the dIy IIId )'011' lint above
wrI_.
SIped IftI!dd_ln oor_
c;~j:'I" .'2.:.{lt('..~
'/.I I -
" !;z;; I Ii rile r
T)'pt or prillf or WJmesli No. 1
.-:1_ _.r-f> ~..- .
BlltNUD L. 1'VIND
~
;r~ I.l c;,~~
Type..prllII.......fW_ No. a
_4~'f. .
RiTA 1'VIND
STATE OF FLORIDA
COUNTY OF COLLIER
The foregolD8 inalnuDeIll wu
T1JJtNEIt .I.ND RITA TtJRND. wbo IlI'O
cP
"..
".. ...
Agenda Item No. 88
April 8, 2008
Page 57 of 163
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONEREQUEST
_.......~..................
, '. ., '. "~"'. '.' ,. . .~. .' ..' _.- , . "
-'. .' ..',' ,:.. ., '. ," ,I. '0' '.
NAME OF APPLlCANT(S) AMY S. TURNER AND/OR TAMMY TURNER KIPP
ADDRESS 210 MOORING LINE DRIVE CITY NAPLES STATE FL ZIP 34102-4741
TELEPHONE # 239-594-0304 CELL # _____________ FAX # 239-594-0934
E-MAIL ADDRESS: ____ __________________
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): No 51te Address
_.. ,._...-....I_r.ll~
_.. - - .., .. I . .,._ ..... .
Section/Township/Range 3 I
Lot: ___ Block: .:.___ Subdivision:
/
48S
/ 26E
Plat Book ______ Page #: ___________ Property 1.0. #: 00201000003
Metes & Bounds DescriptioJ.1: A PARCEL OF LAND LOCATED IN THE SOUTHEAST OUARTER OF
THE SOUTHWEST QUARTER OF SECTION 31. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER QF SECTIQN 31.
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA: THENCE RUN NORTH
89'56'12" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 1.
FOR A DISTANCE OF 661.05 FEET: THENCE RUN NORTH 02'11 '18" WEST FOR A DISTANCE OF
I 50.12 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED'
FROM SAID POINT OF BEGINNING, ALSO BEING A POiNT 1 SO NORTH OF AND PERPENDICULAR TO
SAID SOUTH LINE OF THE SOUTHWEST OUARTER OF SAID SECTION, THENCE RUN NORTH
89'56'12" WEST, AND PARALLEL WITH. AND 150 FEET NORTH OF. SAID SOUTH LINE OF THE
SOUTHWEST OUARTER OF SAID SECTION 31. FOR A DISTANCE OF 660.98 FEET TO THE WEST
LINE OF THE SOUTHWEST OUARTER OF THE SOUTHEAST OUARTER OF THE SOUTHWEST OUARTER
OF SAID SECTION 31; THENCE RUN NORTH 02'09'5 I" WEST. ALONG SAID WEST LINE, FOR A
DISTANCE OF 51732 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST OUARTER OF THE
SOUTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31: THENCE RUN SOUTH
89'56'42" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST OUARTER OF THE SOUTHEAST
OUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, FOR A DISTANCE OF 660.76 FEET
TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST OUARTER OF SAID SECTION 31: THENCE RUN SOUTH 02'11 '18" EAST, ALONG
THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST OUARTER OF THE SOUTHWEST
OUARTER OF SAID SECTION 31. FOR A DISTANCE OF 517.43 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 7.843 ACRES, MORE OR.
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Application For Public Hearing For PUD Rezone 1/22/07
VTPA7
Agenda Item No. 8B
April S, 200S
Page 58 of 163
STATEMENT OF UTILITY PROVISIONS - page 2
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(Check applicable system):
COUNTY UTILITY SYSTEM
a. CITY UTI L1TY SYSTEM
b. FRANCHISED UTILITY SYSTEM
PROViDE NAME_
d. PACKAGE TREATMENT PLANT
(GPO capacity)__
e. SEPTIC SYSTEM
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a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME _______________
d. PRIVATE SYSTEM (WEll)
~~~ 200 senior housina. retirement
community or continulnq care retirement community units.
A. WATER-PEAK 69.300 GPD AVERAGE DAILY 46.200 GPD
B. SEWER-PEAK 46.800 GPO AVERAGE DAilY 36.000 GPO
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED 2009
~ Provide a brief and concise narrative statement
and schematic drawing of sewage treatment process to be used as well as
a specific statement regarding the method of affluent and sludge
disposal. If percolation ponds are to be used, then percolation data and
soil involved shall be provided from tests prepared and certified by a
professional engineer. NA
~~ If the project is
located within the services boundaries of Collier County's utility service
system, written notarized statement shall be provided agreeing to
dedicate to Collier County Utilities the water distribution and sewage
collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County
ordinances in effect at the at time. This statement shall also include an
Application For Public Hearing For POO Rezone 1/22/07
YTPA7
Agenda Item No. 8B
April 8, 2008
agreement that the applicable system development chargesPagr-.a9 of 163
connection fees will be paid to the County Utilities Division prior to the
issuance of building permits by the County. If applicable, the statement
shall contain shall contain an agreement to dedicate the appropriate
utility easements for serving the water and sewer systems.
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Unless waived or otherwise provided for at the pre-application meeting,
if the project is to receive sewer or potable water services from any
provider other than the County, a statement from that provider indicating
that there is adequate capacity to serve the project shall be provided.
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Application For Public Hearing For PUD Rezone 1/22/07
YrPA7
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Agenda Item No. 8S"
.,
o ~ ~ ~1J'~lE
JAN 2 4 2008
Vanderbilt Trust 1989 CFPUD
Amendment to Ordinance 99-70
Project Description and Growth Management Plan Consistency
The subject POO amendment application proposes to amend the previous POO by
rezoning from POO to CFPOO to establish a new schedule of uses and conceptual master
plan for the property consistent with the newly established future land use subdistrict.
The proposed land uses are consistent with those authorized under the Vanderbilt Beach
Road Neighborhood Commercial Subdistrict. The POO amendment proposes a
maximum of 200 assisted Living, continuing care retirement communities, nursing
homes, retirement communities and independent living facilities for persons over the age
of 55, at a floor area ratio (FAR) of 0.6. The uses and intensities are consistent with the
Vanderbilt Beach Road Neighborhood Commercial Subdistrict.
Future Land Use Element
The Vanderbilt Trust 1989 PUD was established by Ordinance 99-70 and extended by the
Board of County Commissioners in 2005. Additionally, in 2005, the Board of County
Commissioners established a new Future Land Use Map category titled, Vanderbilt
Beach Road Neighborhood Commercial Subdistrict, which included the subject 7.8
+/- acre property, identified as Parcel 2 in the subdistrict text and accompanying location
map. This subdistrict permits a variety of general and medical office uses, personal
services commercial land uses, as well as independent living for persons over age 55,
assisted living, and nursing home uses. A maximum of 80,000 square feet of commercial
land uses are authorized, and the independent and assisted living facility uses are
restricted to a maximum of 200 units, not to exceed a maximum floor area ratio (FAR) of
0.6. A copy of the Vanderbilt Beach Road Neighborhood Commercial Subdistrict is
attached.
The conceptual master plan for the project also reflects commitments required in the
Vanderbilt Beach Road Neighborhood Commercial Subdistrict, including a minimum
landscape buffer of 30' in width adjacent to the eastern property boundary, and a
landscape planting plan for the eastern buffer area and Vanderbilt Beach Road.
The proposed amendment is also consistent with Policy 5.4 of the Future Land Use
Element, which requires that development is compatible and complimentary to
surrounding land uses. The amended PUD contains a schedule of uses and development
standards that prescribe appropriate buffers, building setbacks and preservation areas
which meet or exceed standard Land development Code provisions for similar land use
relationships. Additional discussion of land use compatibility is described in the POO
Evaluation Criteria attached to the subject PUD amendment application.
An evaluation of the amendment's consistency with Objective 7, and its implementing
policies (policies 7.1 through 7.7) in the Future Land Use Element, which address smart
Narrative and plan consistency
YTPA7
Vanderbilt Trust 1989 CFPUD
ProjecJ Description and Growth Management Plan Consistency
Page 2 of2
Agenda Item No. 8B
April 8, 200S
Page 62 of 163
growth principles. Of the subject policies, only Policies 7.1,7.3 and 7.4 are directly
applicable. Policy 7.1 encourages developers to connect their properties to fronting
collector and arterial roads. Access to the Vanderbilt Trust 1989 CFPOO is from
Vanderbilt Beach Road, in the location established by Collier County at the time of 6-
lane improvements to the roadway. Policy 7.3 encourages connection of local streets
with adjoining neighborhoods. Due to the existing development established within the
properties lying immediately north and east, no interconnection is practical or feasible.
The property immediately to the west is presently utilized for horse training and stabling
and a potential interconnection has been provided on the Master Plan. The applicant has
understands that an appropriate transportation condition establishing future
interconnection between properties may be required.
Transportation Element
Policy 1.3 requires that a level of service "0" or better shall be retained on all County
collector and arterial roads. The proposed amendment does not reduce the operational
level of service on Vanderbilt Beach Road below a level of service "0"; therefore, the
project is consistent with this Policy.
Policy 7.1 addresses consistency with the Access Management Policy. The project's
access point has been coordinated in cooperation with Collier County and the 6-lane
improvement to Vanderbilt Beach Road that are under construction will provide for a
directional access point in the location established on the conceptual master plan.
Conservation and Coastal Management Element
Policy 6.1 of the Conservation and Coastal Management Element requires the
preservation of native vegetation. For mixed use project less than 20 acres in size, a
minimum of 15% of the native vegetation present on-site must be retained. The site
contains approximately 7 +/- acres of native vegetation in both wetland and upland
vegetation types. The wetland vegetation on-site is isolated and of low quality. The
applicant has filed an Environmental Resource Permit (ERP) with the SFWMD and
proposes to impact the poor quality wetland that lies in the center of the site, and the
applicant will purchase off-site credits from a mitigation bank. The POO proposes to
preserve approximately 1.1+1- acres of upland vegetation along the eastern portion of the
site, which represents the largest and contiguous native area on-site consistent with this
policy.
,.
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Nanative and plan consistency
YBRPUD
Agenda Item No. 8B
April S, 200S
Page 63 of 163
Vana~se __
Day~or _
PUDZ-A-07-AR-11723 REV: 3
V ANDERBIL T TRUST PUD
Project: 19990317
Date: 10/16/07 DUE: 11/14/07
PUDZ-A-2007-AR-11723
TRAFFIC IMPACT STATEMENT
VANDERBILT TRUST PUD
October 15, 2007
Vanderbilt Beach Road east of Livingston Road
Collier County, Florida
Prepared For:
Amy S. Turner and Tammy Turner Kipp
6625 New Haven Circle
Naples. FL 34109
Prepared By:
Vanasse & Daylor LLP
12730 New Brittany Boulevard. Suite 600. fort Myers. Florida 33907 T 239.437.4601 f 239.43704636 w vanday.tom
Agenda Item No. 8B
April S, 200S
Page 64 of 163
VanasseDaylor is providing this Traffic Impact Statement for the Vanderbilt Trust PUD which is
located off Vanderbilt Beach Road approximately ~ mile east of Livingston Road. Access will
be provided via a driveway connection on Vanderbilt Beach road. The following Land Use
program is proposed for this project:
. Senior Adult Housing
200 Dwelling Units (LV 251)
It should be noted that the Collier County Impact Fee schedule has a senior adult housing
category that replicates the daily traffic for ITE Trip Generation Manual Land Use 251.
Therefore, the traffic generation formulas for this LU were used in the preparation of this TIS.
Because the proposed land development will not generate traffic volumes that are significant on
any links, only traffic generation, distribution, AM and PM traffic assignment is prepared in this
study. No intersections are studied or analyzed.
Completion of Vanderbilt Trost PUD is anticipated to be the 2012 peak season.
TRIP GENERATION
Site-generated trips were estimated using Institute of Transportation Engineers (ITE) Iri.12
Generation (7th Edition), in accordance with the current Collier County policy. The following
trip generation formulas were used, and the trips generation results are shown in Table 1:
Senior Adult Housing (LU 251):
ADT: Ln (T) = O.BS In (X) + 2.38
AM Peak Hour: Ln (T) = 0.B6 Ln (X) - 0.63
PM Peak Hour: Ln (T) = 0.72 In (X) + 0.5B
TABLE 1
Site Generated Trips
ProDosed Land Use
Senior Adult Housing (LV 251)
Q!x
200
Unit
DU
Qiillx
976
AM Pk
I2UI Jmill Exit
51 19 32
PM Pk
I2UI Jmill .Em.
81 49 32
Totals 200
976
81
49
32
1l7l0 New Brittany Boulevard, Suite 600, Fort Myen, Florida 33907 1239.431.4601 f 239.431.4636 w vanday.com
Agenda Item No. 8B
April 8, 2008
Page 65 of 163
TRIP DISTRIBUTION AND ASSIGNMENT
The pattern of site traffic distribution is based upon locations of attractors in the area of the
project The previously submitted distribution was reviewed for relevancy and detennined to be
representative to this project Exhibits 1 & 2 show the same graphically.
TABLE 2
Trip Distribution/Assignment
!Jnk
Vanderbilt Bch Rd
Vanderbilt Bch Rd
Vanderbilt Bch Rd
Uvingston Road
Livingston Road
Er2m
Airport Rd
Livingston Rd
Project Access
Immokalee Rd
Vanderbilt Bch Rd
II
Livingston Rd
Project Access
Logan Blvd
Vanderbilt Bch Rd
Pine Ridge Road
AM PK HR PM PK HR
" !iIilN!!. WB/SB EBINB WB/SB
20% 4 6 10 6
55% 10 32 27 32
4S% 14 9 14 22
15% 5 3 5 7
20% 4 6 10 6
SIGNIFICANCE TEST
The draft 2007 AUlR was utilized to attain the maximum service volumes (SFm",> for the links in
the vicinity of the project
TABLE 3
SIGNIFICANCE and LOS (PM Peak Hour)
STD LOS Site Site as % of
Link From II liEMM SID Trips LOS STO
Vanderbilt Ben Rd Airport Rd Livingston Rd 3,540 E 10 0.3%
Vanderbilt Ben Rd Livingston Rd Project Access 3,540 E 27 0.8%
Vanderbilt Ben Rd Project Access Logan Blvd 3,540 E 14 0.4%
Livingston Road ImmokaJee Rd Vanderbilt Ben Rd 3,840 E 5 0.1%
livingston Road Vanderbilt Beh Rd Pine Ridge Road 3.800 E 10 0.3%
The analysis shows that no roadway segments have estimated sitecgenerated trips that are
significant (>2 percent of the SFmax). The estimated site-generated volumes on these links are de
Copper Co~e Development
V ANDERBIL TTRUST _ TJSOl ADOC
Agenda Item No. 8B
April 8, 200S
Page 66 of 163
minimus (<1 percent). For this reason, no intersection capacity analysis is required at any
intersection.
ANALYSIS
The draft 2007 AUIR was utilized to attain the 2007 background traffic volumes on the roadway
links in the vicinity of the projecL The Collier County Traffic Count Report was used to
determine a growth rate for these links. In accordance with County date, the links in the vicinity
of the project exhibit negative or minimal growth. Therefore, a minimum growth rate of 2.0%
was used for each roadway link.
TABLE 4
Background Traffic
2007 Growth :llil..
I.ink .Er2m I2 Skgd Rate ~
Vanderbilt Bch Rd Airport Rd livingston Rd 1,490 2.0% 164S
Vanderbilt Bch Rd Uvlngston Rd Project Ao:ess: 1,490 2.0% 1645
Vanderbilt Bch Rd Project Access logan Blvd 1.490 2.0% 1645
Livingston Road Immokalee Rd Vanderbilt Bch Rd I ,SOD 2.0% 1656
Livingston Road Vanderbilt Bch Rd Pine Ridge Road 1,760 2.0% 1943
The background traffic was then added to the project traffic to determine a total traffic situation.
As can be seen in Table 5 no links are adversely impacted.
TABLE 5
LOS (PM Peak Hour)
STP 2012 Site I2t&. WJln SF MAX"?
1Jnk .Er2m I2 ~ ~ Trips ~ !!kg,;! I2tAI
Vanderbilt Bch Rd Airport Rd Livingston Rd 3,S40 1645 10 1655 Y Y
Yanderbilt Bch Rd Uvingston Rd Project Access 3,540 1645 27 1672 Y Y
Vanderbilt Bch Rd Project Access Logan Blvd 3,540 1645 14 1659 Y Y
Livingston Road Immokalee Rd Vanderbilt Bch Rd 3,B40 16S6 5 1661 Y Y
Livingston Road Vanderbilt Bch Rod Pine Ridge Road 3,800 1943 10 1953 Y Y
Copper q>ve Development
2
V ANDERBIL TTRUST _TISOIA.DOC
Agenda Item No. 8B
April 8, 2008
Page 67 of 163
INTERSECTION ANALYSIS
The access with Vanderbilt Beach Road has been analyzed utilizing the Synchro 6.0 software to
determine right and left turn lane lengths. Table 6 delineates the required turn lane lengths.
TABLE 6
Intersection Analysis
Intersection
Project Access
LOS
A
Turn Lane Length
Bight, !&ft
18Sft. 235ft
CONCLUSION AND RECOMMENDATION
The project traffic is projected to be neither significant nor adverse in the horizon buildout year
of 2012. Since Vanderbilt Beach Road is a multi-lane highway, the project should have both a
westbound right turn lane and an eastbound left turn lane at the project access. These are
considered site improvements. The project should pay appropriate road impact fees.
Copper Cove Development
VANDERBIL TTRUST _ TISO I ADOC
J
c
g
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Project Site
~ 15% ..
.. 20% "., 1. 45%
~ ".,
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45%
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Daylor :::;~~.iIl
.lilJJfllllilllUlllll
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6625 New Haven
Circle
Naples, FL 34109
October 2007
Agenda Item No. 8B
April 8, 2008
Page 68 of 163
W(>E
I Not to Scale ,
Vanderbnt Beach Road
'.Iii"..
Vanderbilt Trust PUD
Project Traffic
Distribution
EXHIBIT 1
Agenda Item No. 8B
April 8, 2008
Page 69 of 163
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Vanasse .=~!.l:.~~ mr.'ia / .,,,.11>
625 New Haven Vanderbilt Trust PUD
Iii:["... R IU
Daylor j~:~_llO'@ Circle Project Traffic
Naples, FL 34109 Assignment
. ~~dllmJJl October 2007 EXHIBIT 2
/
Agenda Item No. 8B
April S, 200S
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April 8, 200S
Page 72 of 163
HeM Unsignallzed Intersection Capacity Analysis
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Agenda Item No. 8B
April 8, 2008
Page 73 of 163
PUDZ-A-07-AR-11723 REV: 3
VANDERBILT TRUST PUD
Project: 19990317
Date: 10/16/07 DUE: 11/14/07
Turner Vanderbilt Trust
Protected Species Survey
Collier County Section 31, Township 48 South, Range 26 East
Approximately 7.85 Acres
Prepared by:
Boylan ~
E "".,..-0.
nvironm:li\"';:;::;";
Consultants, '" C.
Wetland & Wildlife Surve!~onmental Pennitting,
Impact hsessmentJ
11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33966
Phone:(94I) 418-0671 Fax:(941) 418-0672
November 14,2006
Agenda Item No. 8B
T V d h,,~,ril (l, 200S
urner an er.,-a I'Iof of 163
Protected Species urvey
Page 2
INTRODUCTION
Environmental scientists from Boylan Environmental Consultants, Inc conducted field
investigations of the +/- 7.85 acre Vanderbilt Trust 1989 on August 23, 2006. A previous survey
was conducted on December 10 & 20, 2001 & January 8, 2002. The purpose of the
investigations was to identify the presence of protected species and habitat The site is located in
portions of Section 31 Township 48 South, Range 26 East, in Collier County, Florida. The
property is located immediately north of Vanderbilt Beach Road, approximately 12 mile west of
1-75.
METHODOLOGY
Where possible, the species survey waS conducted using the parallel belt transect survey
methodology discussed in the Florida Game and Freshwater Fish Commission publication
"Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations
Found on Lands Slated for Large-scale Development in Florida." This method is comprised of a
several step process. First, vegetation communities or land-uses on the study area are delineated
on an aerial photograph using the Florida Land Use, Cover and Forms Classification System
(FLUCFCS). Next, the FLUCFCS codes are cross-referenced with a Protected Species List.
This species list names the protected species which have a probability of occurring in that
particular FLUCFCS community.
With a list of the potential listed plants and animals, each FLUCFCS community is searched in
the field for these species. An intensive pedestrian survey is conducted using meandering & belt
transects and lOx 50 binoculars as a means of searching for plants and animals. In addition,
periodic "stop-look-listen" and quiet stalking methods are conducted for animals. Signs or
sightings of these species are then recorded.
For this survey, particular attention was paid to the presence or absence of Big Cypress fox
squirrels.
The following section describes the FLUCFCS communities identified on the site, followed by
discussion ofthe species observed.
Site Conditions
The temperature ranged from the upper 80 to the mid 90 during the field investigations. Cloud
cover varied from full sun to partly cloudy. Survey times varied from 9:00 a.m. to 5:00 p.m.,
with approximately 4 man-hours logged on the property during the species survey.
The surrounding landscapes include:
East - Wilshire Lakes residential development
West - Equestrian Center
Agenda Item No. 8B
Turner VanderbUtil)niS6, 200S
Protected Speciei'~ of 163
Page 3
North - Tiburon residential and golf course
South - Vanderbilt Beach Road
Listed below are the FLUCFCS communities identified on the site. The following community
descriptions correspond to the mappings on the attached FLUCFCS map. See Florida Land Use,
Cover and Forms Classification System (Department of Transportation 1985) for definitions.
411E2 Pine Flatwoods (Exotics 25-49%)
This community is comprised of a pine canopy, while midstory species include Brazilian
pepper and melaleuca. Other groundcover includes myrsine, scattered palmetto, St.
Augustine's grass, cabbage palm, carrot wood, poison ivy, and dog fennel.
419 Mesic Pine Flatwoods (Exotics 25-49%)
This community is comprised of a pine canopy, while midstory species include cypress,
coco plum, cabbage palm, Brazilian pepper and melaleuca. Other groundcover includes,
myrsine, sparse palmetto, scattered saw grass, grape vine, pluchea, beak rush,
hydrocotyle, smilax, and other sedges and rushes. (0- 1" inundated)
424 Melaleuca (Exotics 75-100%)
This exotic community consists of a melaleuca monoculture. Swamp fern was noted in
some areas of the understory.
625 Hydric Pine Flatwoods (Exotics 5-15%)
This community is found in the north central portion of the site. Vegetation consists of
slash pine in the canopy with a midstory dominated by cypress. Other species noted in
the midstory include myrsine, cabbage palm, dahoon holly, and wax myrtle. Ground
cover was dominated by swamp fern and saw grass. Hydrocotyle and pluchea were also
present. (2-3" inundated)
740 Disturbed Areas
A trail has been cleared that runs from the south end ofthe property to the north,
approximately at its center line. Vegetation includes melaleuca saplings, maiden cane,
and hydrocotyle. Areas along the perimeter include cleared areas with mowed grasses,
dead pines, and other areas in transition with little vegetation present.
740H Hydric Disturbed Area (Exotics 25-49%)
This area consists of a portion of the cleared trail that crosses the FLUCFCS 624
community. Vegetation in this area includes maidencane, mikania, arrowhead, mermaid
weed, Bacopa, water lilies and melaleuca saplings.
Agenda Item No. 8B
~..A.Rril S, 200S
Turner Vander'Fl!gl:rl'6'of 163
Protected Species Survey
Page 4
Species Presence
The various listed species which may occur in the FLUCFCS communities have been tabulated
on the attached Table 1. See attached drawing entitled "Vanderbilt Trust I 989-Protected
Species Survey" for specific locations of field survey results.
No stick nests or structures were observed on the site.
No cavity trees or starter holes were observed.
No other signs of protected species were observed on the parcel.
DISCUSSION
The following is a listing of other wildlife sightings on or near the property:
Birds
Cardinal
Pine Warbler
Pileated Woodpecker
Mammals
I Gray Squirrel
Reptiles
I Cuban Anole
AoeQda.llem No. 8B
Turner VaiJiIei'l>iIt ApRl'tl 200S
Protected Speci"l"!i!j!\"l'Y ~f 163
Page 5
Table 1, Protected species list according to FLUCFCS category with corresponding field
survey results.
(
~~~~~]~~r~jj~~'[iIE
411 Beautiful Pawpaw 100 X 20
Big Cypress Fox Squirrel 100 X 20
Eastern Indigo Snake JOO X 20
Fakahatchee Bwmannia 100 X 20
Florida Black Bear JOO X 20
Florida Coontie 100 X 20
Florida Panther 100 X 20
Gopher Frog 100 X 20
Gopher Tortoise 100 X 20
Red-Cockaded Woodpecker 100 X 20
Satinleaf 100 X 20
Southeastern American Kestrel 100 X 20
Twisted Air Plant 100 X 20
419(See 411)
619 Big Cypress Fox Squirrel JOO X 20
62S American Alligator 100 X 20
Everglades Mink 100 X 20
Florida Black Bear 100 X 20
Florida Panther 100 X 20
Gopher Frog 100 X 20
Little Blue Heron 100 X 20
Snowy Egret 100 X 30
Tricolored Heron JOO X 20
Wood Stork 100 X 20
740 Burrowing Owl 100 X 20
Gopher Tortoise JOO X 20
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Agenda Item No. 8B
April 8, 200S
Page 79 of 163
PUDZ-A-2007-AR-II723 REV: 1
Project: 19~90317
Date: 5/10/07 DUE: 6/8/07
COLLIER COUNTY
WAIVER APPLICATION FROM THE REOUIREI> HISTOIUCAL AND
ARCHAEOLOGICAL SURVEY AND ASSESSMENT
DATE SUBMITTED:
PLANNER: Ray V. Bellows. Zoning Manager
PETITION NUMBER ASSOCIATED WITH THE WANER:
(To Be Completed By Zoning and Land Development Review Staff)
PROJECT NAME: Vanderbilt Trust 1989 PUD
LOCATION: (Common Description) Section 31. Township 48 S. Range 26 E.
Vanderbilt Beach Road
SUMMARY OF WAIVER REQUEST:
(Properties located within an area of Historical and Archaeological Probability but with a
low potential for historical/archaeological sites may petition the Community
Development & Environmental Services Administrator or his designee to waive the
requirement for a Historical! Archaeological Survey and Assessment. Once the waiver
application has been submitted, it shall be reviewed and acted upon within five (5)
working days. The waiver request shall adequately demonstrate that the area has low
potential for historical/archaeological sites.)
l!i~i(llir 1'n.."ie:l"\'1l1Ifm,l'{);ms"11iJI1.'iJ4
1
Agenda Item No. 8B
April S, 200S
Page 80 of 163
SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA
A. Name of applicant (s) (if other than property owner, state relationship such as
option holder, contract purchaser, lessee, trustee, etc.): Amv S. Turner and lor
Tanunv TUrner Kipp
Mailing Address: 2] 0 Mooring Line Drive. Naples. FL 34] 02
Phone: (239) 594-0304
FAX: 239-594-0934
B. Name ofagent(s) for applicant, ifany: D. Wayne Arnold
Mailing Address: O. Gradv Minor and Associates. P.A.. 3800 Via Del Rey.
Bonita Springs. Florida 34134
Phone: (239) 947-1144
FAX: 239-947-0375
C. Name of owner(s) of property: Arnv S. Turner andlor Tammv Turner Kipl!.
Mailing Address: 210 Mooring Line Drive. Naples. FL 34102
Phone: (239)594-0304
FAX: 239-594-0934
Note: If namcs in answers to A illlcVor B are different than name in C, notarized
letter(s) of authorization from property owner (C) must be attached.
tJi~t(l\'it Pre:=;('r~!ltinll/r .()ml~.' [] i )11:04
2
Agenda Item No. 8B
April 8, 200S
Page 81 of163
SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page
(obtainable fi'om Clerk's Office at the original scale) with subject propelty clea.rly
marked.)
A. Legal description of subject property. Answer only 1 or 2, as applicable.
I. Within platted subdivision, recorded in official Plat Books of Collier County.
Subdivision Name:
Plat Book
Page
Unit
Block
Lot
Section
Township
Range
2. If not in platted subdivision, a complete legal description must be attached
which is sufficiently detailed so as to locate said property on County maps or
aerial photographs. The legal description must include the Section, Township
and Range. If the applicant includes multiple contiguous parcels, the legal
description may describe the perimeter boundary of the total area, and need
not describe each individual parcel, except where different zoning requests
are made on individual parcels. A boundary sketch is also required. Collier
County has the right to reject any legal description, which is not sufficiently
detailed so as to locate said property, and may require a certified surveyor
boundary sketch to be submitted.
B. Property dimensions:
Area:
square feet, or 7.85:10
acres
Width along roadway: 6610, feet alon[l Vanderbilt Beach Road
Depth: 5170, feet
C. Present use of property: Undeveloped
D. Present zoning classification: PUD
Ili~l(.ric Pr\.'.,;,,\:i.liioni! "Jnll'~/J I :Jl':()4
3
Agenda Item No. 8B
April 8, 2008
Page 82 of 163
SECTION THREE: WAIVER CRlTERIA
Note: This provision is to cover instances in which it is obvious that any archaeological
or histOlic resource that !nay have existed has been destroyed. Examples would
be evidence that a major building has been constructed on the site or that an area
has been excavated as a quarry. TIle Community Development & Environmental
SL'l'vices Administrator may seek counsel of the chaimlan of the Historic and
Archaeological Preservation Board when it is not completely evident that the site
is without archaeological or historic value.
A. Waiver Request Justification.
I. Interpretation of Aerial Photograph The aerial identifies surrounding land
uses which have been developed without havin[! evidence of historical or
archeological artifacts.
2. Historical Land Use Description: Undeveloped
3. Land, cover, formation and vegetation description: The property is densely
wooded and undisturbed.
4. Other: Attached is a letter from the Florida D~artment of State. Division
of Historical Resources. dated Au~st 10. 2004. stating that no significant
archaeological or historical sites are recorded for or considered likelv to
be present within the project area.
B. The Community Development & Environmental Services Administrator or his
designee may deny a waiver, grant the waiver, or grant the waiver with
conditions. The official decision regarding the waiver request shall be provided
to the applicant in writing. In the event of a denial of the waiver request, written
notice shall be provided stating the reasons for such denial. Any party aggrieved
by a decision of the Community Development & Environmental Services
Administrator or his designee regarding a waiver request may appeal to the
Preservation Board, Any party aggrieved by a decision of the Preservation Board
regarding a waiver request may appeal that decision to the Board of County
Commissioners.
I {i"{lllk P,,--'9:rvi.Uion+omls':11/JiliO<l
4
Agenda Item No. 8B
April 8, 2008
Page 83 of 163
SECTION FOUR: CERTIFICATION
A. The applicant shall be responsible for the accuracy and completeness of this
application. Any time delays or additional expenses necessitated due to the
submittal of inaccurate or incomplete information shall be the responsibility of the
applicant.
B. All information submitted with the application becomes a part of the public record
and shall be a permanent part of the file.
C. All attachments and exhibits submitted shall be of a size that will fit or
conveniently fold to fit into a legal size (8 \1," x 14") folder.
~
Printed Name of Applicant or Agent
D. Wavne Arnold. AICP
------------- -------------------~----
-------------------------------------------
-TO BE COMPLETED BY THE COlVfMl1NITY DEVELOPMENT SERVICES DIVISION-
SECTION FIVE: NOTICE OF DECISION
The Community Development & Environmental Services Administrator or designee has made the
following detemunation:
I. Approved on: By:
2. Approved with Conditions on: By:
(see attached)
3. Denied on: By:
(see attached)
I ri~,,-'ri.-' p?'~";;'r- ;.1'10r::h"rrm, ": 1 ,~n;r!.j.
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Agenda Item No. 8B
April 8, 2008
Page 85 of 163
VANDERBILT TRUST 1989 PUD
Legal Description
O.R. 1417, PAGE 1398
THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, TEN (10) ACRES MORE OR LESS, LESS A PERPETUAL AND EXCLUSIVE
EASEMENT FOR RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER THE SOUTH 150
FEET AS RECORDED IN OR BOOK 915, PAGE 286, PUBLIC RECORDS OF COLLIER
COUNTY. FLORIDA. SUBJECT TO OIL, GAS AND MINERAL RiGHTS PREVIOUSLY
RESERVED OF RECORD AND SUBJECT TO EXISTING RESERVATIONS AND
RESTRICTIONS OF RECORD.
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS:
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION
31. TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
NORTH 89"56'12" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 31, FOR A DISTANCE OF 661.05 FEET; THENCE RUN NORTH 02"11'18"
WEST FOR A DISTANCE OF 150.12 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND HEREIN DESCRIBED;
FROM SAID POINT OF BEGINNING, ALSO BEING A POINT 150 NORTH OF AND
PERPENDICULAR TO SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION, THENCE RUN NORTH 89"56'12" WEST. AND PARALLEL WITH, AND 150 FEET
NORTH OF, SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31,
FOR A DISTANCE OF 660.98 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31;
THENCE RUN NORTH 02"09'51" WEST. ALONG SAID WEST LINE, FOR A DISTANCE OF
517.32 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE
RUN SOUTH 89'56'42" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31,
FOR A DISTANCE OF 660.76 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 31; THENCE RUN SOUTH 02011'18" EAST, ALONG THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 31, FOR A DISTANCE OF 517.43 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 7.843 ACRES, MORE OR
LESS.
Agenda Item No. 8B
April 8, 200S
Page 86 of 163
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF HJSTORlCAL RESOURCES
August 10, 2004
Ms. Sharon Umpenhour
Q. Grady Minor & Associates, P.A,
3800 Via Del Rey
Bonita Springs, Florida 34134-7569
Re: Crossroads Community Church of Naples, Inc. and
Amy S. Turner Parcels Comprehensive Plan Amendment(s)
Collier County, Florida
DHR Project File No. 2004-6996
Dear Ms. Umpenhour:
According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida
Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the information submitted
to determine if historic resources have been given sufficient consideration in the request to
amend the Collier County Comprehensive Plan.
A review of the Florida Master Site File indicates that no significant archaeological or historical
sites are recorded for or considered likely to be present within the project area(s). Furthermore,
because of the project location and/or nature, it is considered unlikely that historic properties will
be affected. Therefore, it is the opinion ofthis office that the proposed comprehensive plan
amendment(s) will have no effect on historic properties listed, or eligible for listing in the
National Register of Historic Places, or otherwise of historical or archaeological value
If you have any questions regarding our comments, please feel free to contact Susan M. Harp of
the Division's Compliance Review staff at (850) 245-6333.
Sincerely,
~./ C!. ~
~~~
'-tr Frederick Gaske, Director
500 S. Bronough Street. Tallahassee, FL 32399-0250 . http://www.flheritage.com
CJ Director's Office
(850) 245-6300 ' FAX: 245-6435
o Archaeological Research
(850) 245-6444 . FAX: 245-6436
o Historic Preservation
(850) 245-6333 . FAX, 245-6437
o Historical Museums
(850) 245-<5400 ' FAX: 245-6433
o Palm Beach Regional Office
(561)279-1475' FAX: 279-1476
o St. Augustine Regional Office 0 Tampa.Regional Office
(904) 825.504S, FAX: 825.5044 (813) 272.3843, FAX; 272-2340
Q. GRADY MINOR & ASSOCIATES, P.A,
Civil Engineers. Land Surveyors. Planners
Agenda Item No. 86
April 8, 2008
Page 87 of 163
MARK W. MINOR, P.B.
NORMAN J. TREBILCOCK, ALC.P.,P.E.
C. DEAN SMl1'H, P.E.
DAVID W. SCHMIT1', P.E.
MICHAELJ. DELATF.,P.E.
MA'lTIIEW J. HERMANSON. P.E.
July 28, 2004
D. WAYNE ARNOLD, AI.C.P.
ROBERT 'BOB' TIllNNEs, AI.C.P.
THOMAS J. GARRIS, P .s.M.
STEPHEN V. BURGESS, P .s.M.
ALAN V. ROSEMAN
Florida Department of State
Division of Historical Resources
A1TN: Compliance and Review Section.
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
RB: Review of Project for Cultural Resources
To Whom It May Concern:
This letter is a request for information regarding historical, archeological, or cultural resources 1hat
may be present within 1he Crossroads Community Church of Naples, Inc. and Amy S. Turner
Parcels located in Section 31, Township 48, Range 26, Collier COlmty. Please find enclosed a
location map, aerial, and current ownership of 1he property.
r-:IY,
-----._~
Sharon Urnpenhour
cc: Richard Y ovanovich
Amy Turner
Tanuny Kipp
(239) 947-1144. FAX (239) 947-0375 . E-Mail: engineexing@gradyminor.com
F:\10B\1URNER VANDERBIL1\S~!.de~~ Springs. Florida 34134-7569 oEBILB 0005151
TYBCP AS
Details Agenda R~o~~
April 8, 2008
Page 88 of 163
-
Current OWnership
FeUo No.1I oo203042108.M.a1l1 P'oporty Add,eosH NO SITE ADDRESS
OWns,Name CROSSROADS COMMUNITY
Add_sos CHURCH OF NAPLES INe ...
2051 TRADE CENTER WAY
CIIII NAPLES I StateU.FL I Zlpll 34109 . 6244
Legal 31 4826 Sl/2 OF SW1/4 OF SW
114 LESS S 160FT LEss E 495FT .
..LESS R W DESC IN OR 3022 PG
1128
"For more than. four lines of Legal Description please call the PropertY Appraiser's Office.
So!>!!on Township Range
31 48 26
Sub Ne. ~ 100 'I .
"'e Use Code H 70 I INSTITUTIONAL
Acres
9.18
Map No.
3631 .
I Strap No. I
. 1482631 085.0003631 I
~ l' MiI;;H>A'Oa ~
l' Millll!li
13.1244
,. 2003 Final Tax Roll Values
Latest Sales History
Land. Value $ 596,700.00
(+) Improved Value $0.00
(=1 Market Value $ 596,700.00
r-I SOH Exempt Velue I $0.00 I
(=) Assessed Value $ 596,700.00
(-I Homestead and other Exempt value' $ 596,700.00 I
(=) Taxable Value $ 0.00
Date Book.. Page I Amount ,
12/1999 2626 - 1550 $ 0.00 I
07/1998 2.438 ~ 2200 $ 675,000.00 I
SOH = ~Save Our Homes" exempt value due to cap on assessment
Increases.
IiIlIiII
The Information Is Updated Weekly.
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Details
Folio No. 00201000003 Mall
...
Current Ownershl
Property Address NO SITE ADORESS
Page I of!
Agenda Item No. 86
April 8, 200S
Page 89 of 163
Owner Name TURNER, AMY S
Addresses TAMMY TURNER K1PP
BRT COASTAL INVESTMENT
210 MOORING LINE DR
Cft. NAPLES If Slatell FL I Z1pll34102.4741
Legal 31 48 26 W1I2 OF S1/2 OF
SE1/4 OF SW1I4, LESS S 150FT
RIW 7.73 AC
I
I
I
Township
48
i
Range
28'
1/
Acres
7.73
Map No.
3831
Slra No.
482631031.0003831
Section
31
~
I
,
Sub No.
'1J Use Code
100
99
NON-AGRICULTURAL ACREAGE
47
4!l Mlllaae
13.1244
2003 Final Tax Roll Values
Latest Sales History
..
061 2003 II
061 2003 II
Book ~ Page
3321 - 2565
lii!!..o.1m
Amount I
$ 0.00
$ 0.00 I
Land Value $ 502,450.00 t
{+ Improved Value $ 0.00 I
I (~) Market Value II $ 502,450.00 II
I (-) SOH EKempt Value II $ 0.00 I
I (~) Assessed Value II $ 502,450.00 I
I (-) Homestead and other hempl Value II $ 0.00 I
I (~) TaKable Value II $ 502,450.00 I
SOH = "Save OUf Homes" exempt value due 10 cap Dn assessment
increases.
Date
~
II
BUd
The Information is Updated Weekly.
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April S, 63
age 90 of 1
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: COI.~fE!T.COUNTY GOVERNMENT
D~PT. OF ZONING & LAND DEVELOPMENT REVIEW
-~ : WWW.~.l)lLlERGOV.NET
(i)
Agenda Item No. 8B
April 8, 200S
2800 NORTH HORSESHOE DRMge 92 of 163
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
PRE-APPLICATION MEETING NOTES
',;".
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PUDZ-A-2007-AR_1I723 REV: 1
. Project: 19990317
Date: 5/1 0/07 DUE: 6/8/07
.", '..:
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~ - q-os Time: g: 30
Firm: Q ~J)Y
M I fJOI2.
Date:
Proiect Name: VANDE:l2.SILT !eDS! -:PuD
Size of Project Site:
7,~.t
acres
Applicant Name: -Sho.yOY) Um.~~O UQ'
Pllone: 9lf'7-I' 1f-{
Owner Name:
Pllone:
Owner Address:
City
State
ZIP
Existing PUD Name and Number VAN1>ERB1LTlI2.U5T 1>uD DieD QQ-70cf: f.1Sb D5-&J
Assigned Planner 1<0..'1 De.s.e !e.rrI
IYlMting Attendees: (qUach ~ign hi Slleet)
Submittal requirlimei'!ts (see heX'tjiage ehllckliirth
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050404.doc
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pub''',. "/sipilb"". .
. .,..R"""Q"..\ .""'/' ."
P~~~::~!it~=:~~~~.Aj~.... .'
April 8, 200S
Page 93 of 163
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
REQUIREMENTS
I Additional set if located in the Bayshore/Gateway Triangle
Redevelopment Area)
Copies of detailed description of why amendment is necessary
Completed Application (download from web site for current form)
Pre-ap Iication meeting notes
Current Conceptual S~e Plan 24" x 36" and One 8 Vi' x II" copy
-ReY'.._ -'-Once tuol Site Plan 24" x 36"and One 8 '/2' x II" cO
Original PUD document qnd Moster Plan 24" x 36" ONU'-W j
....rYllddPlIMfi\.~......,JI~ '=t' ~15'Y./lr,Q...o (oOe...-
Revised PUD document with changes crossed thru & underlined
Revised PUD document w/amended Title page w/ord #'s, lDC
10.02.13.A.2
lllia"l!li!
~.....~~
Deeds/Legal's & Survey (If boundary of original PUD Is amended)
Ust identifying Owner & 011 parties of corporation j
Owner/Affidavit signed & notarized
Covenant of Unified Control
Completed Addressing checklist
~.
'"
Environmental Impact Statement (EIS) and digital/electronic copy of
EIS Of exem tion justification
Historical Surveyor waiver request
Utility Provisions Statement wfsJ<et~
Architectural rendering of proposed structures
Survey, signed & sealed C no mole. 0') b jY)D Dlct
Traffic Impact Statement (TIS) _.
Recent Aerial Photograph (wilh habitat areas defined) min scaled j
1"=400'
Electronic copy of all docu'!'enls in Word format and plans (CDRom'lr
Diskette) --Plans, VI.J 01': d ~
If located in RFMU (Rural Frinae Mixed Use) Receivina Land Areas
Applicant must contact Mr. Gerry J. Lacavera, State of Fiorida
Division of Forestry @ 239-690-3500 for information regarding
"Wildfire Mitigation & Prevention Pian", lDC Section 2.03.0B.A.2.a.(b)i.c.
~-~._..------'
#OF
COPIES
24
24
24
24
24
24
24
24
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2
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2
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NOT
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..11A. . Agenda Item No. 8B
m$10,000 (PUD Rezone) + $25 per acre (or frachon thereof) Apri1S,200S
@E $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) Page 94 of 163
o $6,000 (PUD Amendment) + $25 per acre (or fraction thereof)
~ $150.00 Fire Code Review
a $2,250.00 Comprehensive Planning Consistency Review
g $500,00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre.app
meeting shall not be credited towards application fees and a new pr....application meeting will be required,
N $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily
News).
-esr $363.00 Legal Advertising Fee for BCC meeting
D $2500.00 Environmentallmpoct Statement review fee
N Property Owner Notification fees. Property Owner Notifications $/.00 Non-certified; $3.00 Certified return
receipt moil ( to be paid after receipt of invoice from Dept. of Zoning & Development Review)
Fees:
Application Fee.
Fee Total $
PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW:
C thldbf ddtthPI tthddt
ommen S s ou e orwar e 0 e annerD nor 0 e ue ae
SCHOOL DISTRICT l0(ft PARKS & REC -Amanda Townsend t-J/A
SUPERVISOR OF ELECTIONS 1"'-1 IMMOKALEE WATER/SEWER DISTRICT N/A
DR/EM1 - EMER. MGMT - Jim Von Rintein ---..... UTILITIES ENGINEERING - Zamlra Deltoro
CDES Coordinator - Linda B. Route Sheet f"J ---.. . :>!
only I."nd"- ,1\. '""
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Agenda Item No. 8B
April 8, 2008
Page 95 of 163
MEETING NOTES
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7 De-Jlfn~ ~VIS"ST
. / ._'_ Agenda Item No. 8B
-- - - (-:=.~ ~~ i\ W (";:- ('- ". April 8, 200S
'- - \ \L "'-\ Page 96 of 163
MEETING NOTES \.~)
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Agenda Item No. 8B
April 8. 200S
Page 97 of 163
:ADDRESSING CHECKLIST
Please complete the following and submit to the Addressing Section for Review. Not all items will aoolv to
every oroi ect. Items in bold me are reouired.
1. Legal description of subject property or properties (copy of lengthy description may be attached)
314826 Wl/2 OF S1/2 OF SEl/4 OF SWl/4. LESS S 150FT R/W - ?o....,;~ ~.1
2. Folio (property ID) number(s) of above (attach to, or associate with, legal description ifmore than one)
00201000003
3. Street address or addresses (as applicable, if already assigned)
No site address
4. Location map, showing exact location of project/site in relation to nearest public road right-of-way
5. Copy of survey (NEEDED ONLY FOR UNPLA TIED PROPERTIES)
6. Proposed project name (if applicable)
7. Proposed Street names (if applicable)
8. Site Development Plan Number (FOR EXISTlNG PROJECTS/SITES ONLY)
SDP
9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type)
DSDP (Site Development Plan)
o SDPA (SDP Amendment)
o SDPl (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIP A (SIP Amendment)
o SNR (Street Name Change)
o Vegetation/Exotic (Veg. Removal Permits)
~ Land Use Petition (Variance, Conditional Use,
Boat Dock Ex!., Rezone, PUD rezone, etc.)
o Other - Describe:
10. Project or development names proposed fOT, or already appearing in, condominium documents (if
applicable; indicate whether proposed or existing)
o
o
o
o
o
o
o
o
PPL (plans & Plat Review)
PSP (preliminary Subdivision Plat)
FP (Final Plat)
LLA (Lot Line Adjustment)
BL (Blasting Permit)
ROW (Right-of-Way Permit)
EXP (Excavation Permit)
VRSFP (Veg. Removal & Site Fill Permit)
1 I. Please Check One: ~ Checklist is to be Faxed Back 0 Personally Picked Up
12. Applicant Name Sharon Umnenhour Phone 947-1144 Fax 947-0375
13. Signature on Addressing Checklist does not constitute Project andlor Street Name approval and is subject to
further review by the Addressing Section.
FOR STAFF USE ONLY
Primary Number L\- \ 9 'is
Address Number
Address Number n.
Address Number Approved by j,JA, "'- ~ ~C\(\ \)"',{o. f'n Date '7 - ! 4-- 0 c;,
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April S, 200S
Page 99 of 163
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PUDZ-A-2007-AR4~a Item:~'18B
Project: 19990317 ApCiI8, ~008
Date: 5/10/07 Pilm:igiSi/17163
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ORDINANCE NO. 99- 70
AN ORDINANCE AMENDING ORDINANCE NUMBl!R 91-1112 TIm
COU,IER OOUNrY LAND DEVRLOPMENT CODE wHICH INCLUDES
TIm COMPREIlRNSiVll ZONING REGULATIONS FOR TIm
UNINCORPORATED AREA OF OOU,IER COUNTY, FLORIDA BY
AMENDING TIm OFFICIAL ZONING A1t.AS MAP NUMBER 86JIS; BY
CHANGING TIm ZONING CLASSIFICATION OF TIm HEREIN
DESCRIBED REAL PROPERTY FROM "A' RURAL AGRICULTURAL TO
"PlJD' PLANNE!P UNIT DI!YELOPMENT KNOWN AS TIm
VANDERBILT TRUST J 989 FOR AN ASSISTED LlVING F AClLITY.
CHILD CARE CENTER AND SKILLED NURSING FACILITY USES,
LOCATED APPROXIMATELY I MILl! EAST OF AIRPORT ROAD (C.R.
31) ON TIlE NORTH SIDE OF VANDERBll.T BEACH ROAD (C.R. 862),
IN SECfION 3 J, TOWNSHIP 48 sourn. RANGE 26 EAST. COLLIER
COUNrY. FLORIDA, CONSISTING OF 7.85' ACRES; AND BY
PROYlOlNG AN EFFECTIVE DA TR..
WHEREAS, D. Wayne Arnold, of WilsonMiJJer, Inc., and Kim Patrick Kobza, Esquire, ofTreiser. Kobza
and Volpe. Chid., representing The Vanderbilt TrusI w ] 989, petitioned the Board of County Commissioners to
change the 'Zoning classification of the herein described real property.
NOW, THEREFORE BE IT ORDAINBD by the Board of County Commissioners of Collier Connty,
Florida:
SECTION ONE'
The zoning classification of the h=rein described real property located in Section 31, Township 48 Soulh,
Range 26 East, Collier County, Florida, is changed from .. A" Rural Agricultural to "POO" Planned Unit
Development in accordance with The VandeIbUl TIUSt 1989 PUD Document. anached hereto as Exhibit" A" and
incorporated by reference herein. The Official Zoning Atlas Map Number 8631S, as d?Scribed in Ordinance
Numbel" 91 ~I02, the Comer"Cau~ty Land Development Code, is ~reby amended accordingly.
SECTION TWO:
This Ordinance sball become effective upon filing with the Department of Stale. :-I
~g ;:0
PASSED AND DULY ADOPTED by the Board 01 County Commissioners olColIier CoUll\l:;;r.1lIrid~
::;:;::1 n IJ
~.dayof CCJa."'\'D2.t:.Q... .1999. ~3f -.., __
0)",
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BOARD OF OOUN'IY OOMMlSSIONERS ",-<
OOLLIEROOUNTY,fWRlDA ~!ii 5: m
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Approved as to FonD
and Lop] SuJIlc;cncy
Thl. onllnOn!:o flied willi ~
21~~ ~:~.::. ~)~J"'
and acknowl.dgem t of that
1;U'<!1f~lved
01 ,
By
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Muj c M. Student
Assistant Coumy Attorney
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THE VANDERBILT TRUST 1989
A
PLANNED UNIT DEVELOPMENT
Prepared for:
TIlE VANDERBILT TRUST -1989.
Amy Tumer, Trustee
6625 New Haven Circle
Naples, FL 34102
Prepared by:
Q. GRADY MINOR & ASSOCIATES, P.A.
3BOO Via Del Rey
Bonita Springs, FL 34134
EXHlBIT uA"
Dale Reviewed by CCPC
Date Approved by BCC
Ordinance Nnmber
Amendments and Repeal
Agenda Item No. 8B
April 8, 2008
Page 101 of 163
Agenda Item No. 8B
April S, 200S
Pa9,e 102 of 163
TABLE OF CONTRNTS
Statement of Compliance
Section I Property Ownership and Description
1.1: Purpose
1.2. Legal Description
1.3. Property Ownership
1.4. General Description of Property Area
1.5. Project Description
1.6. Short Title
Section n Project Development Requirements
2.1. Purpose
2.2. General
2.3. Description of the PUP Master Plan and Proposed Land Use.
2.4. Related Project Plan Approval Requirements
2.5. Sales Facilities
2.6. Amendments to PUD Document or PUP Master Plan
2.7. Common Area Maintenance
2,8. Design Guideline. and Standards
2.9. Provision of Off-site Removal of Earthen Material
Section m General Development Regnlations
3. J. Purpose
3.2. Uses Permitted
3.3. Development Standards
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Section IV
4.1.
4.2.
4.3.
4.4.
4,5:' .
4.6.
4.7.
4.8.
4.9.
4.10.
4.11.
4.12.
4.13.
4.14.
Exhibit "A"
Agenda Item No. 88
April 8, 200S
Page 103 of 163
Development Commitments
Pwpose
General
PUD Master Plan
Monitoring Report and Sunset Provision
Transportation
Water Management
Utilities
Engineering
Landscaping
Environmental
J\ccessory StnJc~re9
Signs
Polling Places
Historic! Archeological
PUD Master Plan
Agenda Item No. 8B
April 8, 200S
Page 104 of 163
STATEMENT OF COMPLIANCE
The development of this project will be in compliance with the planning goals and objectives of
Collier County as sel forth in the Growth Management Plan for the following reasons:
I. The project will consist of a maximwn of200 Assisted Living Facility (ALF) Units or
a combination of up to 180 ALF units and up to 50 Skilled Nursing Care Facility
'(SNCF) heds, as well as. ancillary uses, The PUD also provides for the development
ofa child day care center on the 7.8S:!; acre site. The property is located in the Urhan
Mixed Use District. Urban Residential Subdistrict. Non.residential uses such as
ALFs and child care centers are pennitted land uses within this designatioIL The
Collier County Land Development Code permits ALFs, suhject to a floor area ratio
(FAR) of 0.45. The Vanderbill Trust 1989 POO will he developed in accordance
with the FAR requirements of the Collier County LDC.
2. The. project shall be in compliance with all applicable County regulations including
the Growth Management Plan,
3. The project will he served hy services and utilities as approved hy the County.
4. The project ia compatihle with adjacent land uses through the intem!'l arrangement of
structures. the placement of laud nse huffers, and the proposed development standards
contained herein.
5. All linallocal development orders for this project are suhject to the Collier County
Adequate Pohlic Facilities Ordinance, Division 3.15 ofthe Land Development Code.
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Agenda Item No. 8B
April 8, 2008
Page 105 of 163
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STATEMENT OF COMPLIANCE
The development of this project will be in compliance with the planning goals and objectives of
Collier County as set furth in the Growth Management Plan for the following reasons:
I. The project will consist of a maximum of200 Assisted Living Facility (ALP) Units or
a combination of up 10 180 ALF units and up to 50 Skilled Nursing Care Facility
. (SNCF) beds, as well as, ancillluy uses. The PUD also provides for the development
ofa cbild day care center on Ihe 7.85:1: acre site. The property is located in the Urban
Mixed Use District, Urban Residential Subdistrict Non~residenHal uses such as
ALPs and child care centers are permitted land uses within this designation. The
Collier County Land Development Code peIlDits ALPs, subject to a floor area ratio
(FAR) of 0.45. The Vanderbilt Trusll9B9 PUD will be developed in accordance
with the FAR requirements Qf the Co Hier County LDC.
2. The project shall be in compliance with an applicable County regulations including
the Growth Management Plan.
3. The project will be served by services and utilities as apProved by the County.
4. The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land use buffers, and the proposed dcvefopment standards
contained herein..
5, All linallocal development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code.
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Agenda Item No. 8B
April 8, 200S
Page 106 of 163
I-I
SECTION I
PROPERTY OWNERSIDP AND DESCRIl'TION
1.1. PURPOSE
The purpose of this Section is to set forth the location and ownership ofthe property, and
to describe the existing conditions of the property proposed to be developed under the
project name of The Vanderbilt Trust 1989 PUD.
1.2. LRGAI. DESCRIPTION
The West !i of the South V, of the Southeast Y. of the Southwest Y. of Section 31,
Township 4B South, Range 26 East, Collier County, Florida, les. the south 150 feet
thereof, consisting of 7.85:!: acres.
1.3. PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership of The Vanderbilt Trust-
1989, Amy S. Turner, Trustee. .
1.4. GENERAL DESCRIPTION OF PROPRRTY AREA
A. The 7.85:t acre site is located approximately 1 mile east of the intersection of Airport-
Pulling Road and Vanderbilt Bcach Road in Scction 31, Township 48 South, Range
26 East The vacant property i. bordered on Ibe south byVanderbill Beach Road (CR
862); on the north by agricultural lands, zoned A., Rural Agricultural; to the east by
the Wilshire Lakes PUD and on the west by the Bobbin Hollow Eqnestrian Center,
zoned A., Rural Agricultural.
B. The zoning olassification of the subject property prior to the date of this approved'.
PUD Docwnent was A., Rural Agricultural.
C. The project site ia located in Flood ZOno"X" according to FIRM Map No 120067,
'..... Panel No. 0385 D, 195 D, 215 D, and 425 D, dated luno 3, 1986.
1.5. PROJECT DESCRIPTroN
The Vanderbilt Trust 19B9 PUD is designed to accommodate continuing care facilities
including an Assisted Living Facility (ALF), consisting of Independent and Dependent
Uving Units, as well as a Skilled Nursing Care Facility (SNCF). The PUD also makes a
provision for the construction of a child care f8l;Uity, whether free-standing or an integral
component of the ALF rsclllty. The maximum nwnber of ALF units permitted within the
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Agenda Item No. 8B
April 8, 2008
Page 107 of 163
1-2
PUD is 200. A maximum of 50 SNCF beds may be constrocted within the PUP;
however the ability to constroct up 10 50 SNCF beds in combination with the ALF shall
require a subsequent reduction in the number of ALF units. ALF and SNCF facilities
shall be defined as those facilities described in Sections 400.402 and 400.407, F.S.,
respectively and Division 6 of the Collier County Land Development Cod.. The project
will also include ancillary support medical. nursing, and retail dispensaI)' services to the
ALF and SNF uses. The pennilled child day care facility shall be constructed in
compliance with the Collier Counly Land Development Code and applicable provisions
of The Vanderbilt Trosl1989 PUD.
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Agenda Item No. 8B
April 8, 2008
Page 10S of 163
1-3
1.6. SHORTTTTI,E
This Ordinance shan be known and cited as tbe "The Vanderbilt Trusl 1989 Planned Unit
Development Onlinanc.e."
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Agenda Item No. 8B
April 8, 2008
Page 109 of 163
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2-1
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. PURPOSE
The purpose of this Section is to delineate and generaUy describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in tbe project. as well as other project reJationships.
2.2. GF.NERAL
Regulations for development of The Vanderbilt Trust 1989 PUP shall be in
accordance with the contents of this Flanned Unit Development District document
and other applicable sections and paris of the Collier County Land Development
Code and Growth Management Plan in effect at the time of development order
approval. Where this PUD Ordinance does Dot provide' development standards, then
the provisions of the specific section of the LDC in effect at the time of Issuance of any
development order to which said regnlation relates shall apply. .
A. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the time of
building penni! application.
B. All conditions imposed and all grnphic material presented depicting restrictions for
the development of The Vanderbilt Trust 1989 PUD shall become part of the
regnlations which govern the manner in which the PUD site may be developed.
C. Unle.. modified, watved or excepted by thl. PUD, lho prnvi.iollB of any other
aections of the l.,and Developmont Code, whore applicable, romatn in fbll force and'
effect wilh respect to the development of the land which comprises this PUP. .
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D. Development ponni1ted by lhe apprnval of thl. Potition will bo subject to .
concurrency review onder lhe proviBiona of Division 3.15, Adequate Public Facilities,
of tbe Land Development Code, at lho earliest or next 10 occur of either linel SDP
approval, !inel pIal approval, or building permit iasuence applicablo to thl.
development
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Agenda Item No. 8B
April S, 200S
Page 110 of 163
2-2
2.3. DESCRrPTION OF THE PIJD MASTER PLAN AND PROPOSF.D I.A ND lJSES
A. The PUD Master Plan, which indicates project access points, internal circulation and
land development envelopes. is illustrated graphically by Exhibil "An, PUD Master
Plan.
B. The specific location and size of individual tracts and the assignment of square footage
or units shall be determined at Ibe time of County development approval. Changes and
variations in building tracts, location and acreage of these uses shan be permitted at time
of County development approval 10 accommodate utilities, topography, vegetation, and
other site and market conditions, subject to the provisions of Section 2.7.3.5. of the
Comer County LDC.
C. In addition to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public) shall be established within or
along the various tracts as may be necessary.
2.4 RELATED PRO.meT Pl.AN APPROVAL RF.QTlIREMENTS
A. Prior to the recording of a Record PIal, and/or Condominium Plat for all or part of
the PUD, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency 10 insure compliance with the PUD
Master Plan, the Collier Counly Subdivision Code and the plaiting laws of the State
of Florida.
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Agenda Ilem No. 8B
April 8, 200S
Page 111 of 163
2-3
B. Exhibit "An, 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 property and the development of the land shall be in compliance
. with Division 3.2 of the Collier County Land Development Code. and the platting
laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable. shall apply to the development of all platted tracts, or paroels of land as
provided in said Division prior to the issuance of a building pennit or other
development order.
D. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities.
2.5 SALES AND CONSTRUCTlONOFFlCRS
Wet OT dry temporary offices used for sales functions andlor constiuction offices and
their support facilities shan be permitted uses in conjunction with the promotion and
development of The Vandemilt Trust 1989 PUD. These uses shall he subject to the
requirements of Section 2.6.33.3, Section 3.2.6.3.6 and Division 3.3 of the Collier
County Land Development Code.
2.6 AMRNDMRNTS TO Pun DOCUMENT OR pun MASTF.R PT.AN
The PUD Master Plan is designed to be flexible with respect to locations of
buildings and water management facilities. Final designs shall be consistent with all
development otandardJ contained in this PUD document, including building height
and minimum yards. Th. Planniug Service. Director shall b. ,uthorized to appro",,' .
minor cbanges to the PUD Master Plan upon written request:
1. Reoonfigmation of lakes, ponds or other water management features where
changes are consistent with the criteria of the South Florida Waler Management
District and/or Collier County.
2. Internal realignment of rights-of-way or driveways.
3. Reconfiguration of ALF/SNCF development envelope where proposed chonge
does not reduce proposed buffers or preserve areas.
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Agenda Item No. 88
April 8, 200S
Page 112 of 163
2-4
Other amendments may be made to the PUP master plan as provided in the Collier
Land Development Code, Section 2.7.3.5.
County
2.7 ASSOCI A nON OF PROPERTY OWNER~ FOR COMMON AREA
, MAINTENANCE
Whenever the developer elects to create land area and/or amenities whose ownership
and maintenance responsibility is a common interest of all of the subsequent
purchasers of property within said development in which the common interest is
located, Ihat developer entity shall provide appropriate legal instruments Cor the
establishment of a Property Owners' Association whose function shan include a
provision for the perpetual care and maintenance of all conunon facilities and open
space subject further to the provisions of the Comer County Land Development
Code, Section 2.2.20.3.8.
2.8 DESIGN G1JIDELINRS AND STANDARDS
The V underbilt Trust - 1989 PUP will feature an integrate~ and compatible
architectural building style. Where multiple buildings are constructed within the
PUD, all buildings shall be constnlcted using like exterior building materials and
primary color palate, while retaining a common architectural buiJding style.
2.9 PROVISION FOR OFF-STTR REMOV AT, OF EARTIl1<N MA TERTAI,
The excavation of earthen material and ils stock-piling in preparation of water
management facilities or 10 otherwise develop water bodies is permitted. Off-site
disposal of this material i. also permitted subject to the following conditions:
I. Bxcavation octiviti.. lmatl comply with tho definition of a
"devolopmCllt oxcavatio.... purauant to S..tlOIl 3.5.5.1.3 of the L<<nd
Development Code wheieby off-sit. removal shall b. limited to 10%
of the total up 10 . mmdmum of 20,000 cubic yards.
2. All otberpmvisions of Division 3.5. are applicable.
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Agenda Item No. 8B
April 8, 2008
Page 113 of 163
3-1
SECTION m
DEVELOPMENT REGULATIONS
3.1 , PURPOSE
The purpose of this Section is to idontify the permitted uses and development
standards ror ALF/SNCF and ancillary uses that will be applied to tbe development
areas so designated on Exhibit "An.
3.2 USES PERMITTED
A maximum of 200 ALF units, or a combination of up to 180 ALF units and a
maximum of SO SNCF beds may be constructed within The Vanderbilt Trust 1989
PUD. .The PUP shall also pennit the construction of a child care facility, whether
free-standing or integral to the ALF facility. ALF and SNCF uses shan he those
deCmed under Sections 400.402 and 400.407 F.S., respectively and Division 6 of the
Collier County Land Development Code.
Pennitted uses.
I. Assisted living facilities and including skilled nursing care facility, subject to the
requirements of Scction 2.6.26 of the Collier Comty Land Developmont Code.
2. Child Day Care Services (83S I)
Uses accessory to pennitted uses.
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I. Accessory retail/personal service facilities such as sundry shop, concierge
service, gift shop, cafeteria, hainlresser, dry cleaning, florist, home health care
..rvlc.. and other similar us..lntomall%od within primary care structure.
2. Medical support Cacilities including phy.ician offices and mu.ing .taft
3. Child Day Care Services.
4. Customary ..e..sory us.s and stiueturca Including covered parking, and Indoor
and outdoor recreation facilitics, boardwalks, gazebo. and nature trails.
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3.3 DEVEl.OPMRNTSTANDARDS
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The foJlowing development standards shall apply to an permitted and accessory uses.
1. Minimum Yard Requirements:
Front:
Thirty-five reet (35') for one and two story structures.
Fifty feet (SO') ror structures exceeding two stories in
heighl
Side:
East
West
One hundred feet (100')
25 fee~ except that accessory structures may be constructed
a minimum or fifteen reet (1 S') from the PUD boundary.
Rear:
Agenda Item No. 8B
April 8, 200S
P!'lge 114 of 163
3-2
Twenty-five (25') feet, except that accessory structures may be
constructed a minimum of fifteen reet (IS') from the PUD
boundary
2. Maximum. Bldg. Height:
Three (3) habitable lIoon
Agenda Item No. 8B
April 8, 2008
Pa.ge 115 of 163
4-1
SECTION IV
4.1. , PURPOSE
DEVELOPMENTCOMmnTMENTS
The purpose of this section is to set forth the development commitments for the
development of the project.
4.2. GENERAL
All facilities shall he constructed in accordance with Final Site Development Plans,
Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicable to Ibis PUD. Except where specifically noted or stated
othctwlsc, the standards and specifications of the Land Development Code, Division
3.2, shall apply 10 this project even if the land within the PUD is not to be platted.
The developer, his successor and assigns shall be respOnsible for the conunitments
outlined in this document.
The developer, his successor or assignee shan follow the Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition, any successor or assignee
in tide is also subject to any commitments within this agreement.
4.3. pun MASTER PLAN
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A. Exhihit "A" PUD Master Plan, illnsttales the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries shall not be
construed to he final and may he varied at any subsequent approval phase such as
final pllltlna or .Ite development pllll1 application. Amendmonlo .hall be.
permitted IUbjoctto the provlsioDl of Section 2.3 snd 2.6 of this PUP document, .
and Section 2.7.3.S of the Land Development Code.
B. All necc.oary caacmenll, dedicatiOlll, or other lnatrumenlo shall be granted to
insure the continued operation and maintenance of all serviee utilities and all
common areas in the project.
MONITORrNG REPORT AND SUNSET PROVISION
A. The Vanderbilt Trust 1989 PUD aball he IUbject to the Sunset Provialons of
Section 2.7.3.4 oflbe Land Development Code.
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Agenda Item No. 8B
April 8, 200S
Page 116 of 163
4-2
B. An annual monitorlng report sball be submitted pursuant to Section 2.7.3.6. of
the Collier County Land Development Code.
4~. TRANSPORTATION
A. Primary site access shall be from Vandetbilt Beacb Road and shall be consistent
with the County's Access Management Policy, Resolution 92-422, as amended.
The project access point to V lUIdetbiJl Beach Road as shown on the PUD Master
Plan, Exhibit A, is conceptual and the actual project access point sball be located
in accordance with the County's Acoess Management Policy.
B. The developer sball be responsible for the installation of arterial 'level street
lighting at all project entrances prior to tbe issuance of any certificates of
occupancy.
C. Road impact fees sban be paid in aceordance witb Ordinance 92-22, as amended,
and shall be paid at the time building penuits are issued unless otherwise
approved by tbe Board of County Connnissioners. '.
D. The property owner shall reserve for additional Vanderbilt Beach Road Rigbt-of-
Way, an area fifteen feet (IS') wide along the soutb proJlO'lY bOWldary. This
reservation sball he considered as cOmpensating right-oI-way to provide roadway
and drainage related improvements as part of tbe futore Vanderbilt Beach Road
Iour-Ianing project. The dedication sball be eligible for impact fee credits and
shall be granted pursuant to Impact Fee Ordinance, 92-22. Compensating RoO.W.
for purposes of site-related impacts south as deceleration lanes shall not be
eligible for impact fee credits. The referenced rlghl-of-way reservation shall be
transferred to Colller County in fee simple title with 60 days of written request by
Collier County.
4.6. WATER MANAGEMF.NT
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The development of this Pun Master Plan shall be subject to and governed by lbe
following conditions:
A. In accordanco with tho rnles of tho South F1ot1da Waw Management Dlatrict
(SFWMD), Chapter 401l-4 and 40B-40, thi. project shall bo designed for a storm
event of a 3-doy duration snd 2S-year retorn frequency,
B. Drainago outfull shall be designed for discbargo to the Airport Road Canal, via
tho Vanderbilt Beach Road right-of-way.
C. Detailed waw management plans including oulfallloeations .hall be submitted at
the limo of site plan review.
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Agenda Item No. 8B
April 8, 2008
Page 117 of 163
Q GRADY HINOR
941 947 037S
10/14 '99 11:56 NO.761 03/03
4.7. UTILITIES
The dcvelopmcmt of ihls PUD Master Plan shall be subject to and governed hy the
following conditions:
A. Water distribution, sewage conection and transmission systems shall be
constructed tbroughout the project by the developer at no cost to Collier County
and the State of Florida. Potable water and SBDitary sewer faelliti.. constrocted
witlUn platted rights-of-way or within dedicated County utility easements,
reqUired by the County, shall be conveyed to tho County for ownership,
opel3lion end maintenance pursuant to Collier County Ordinance No. 97-17, as
amended and all Slate and Fede..1 rogu1etions and adopted policies in effect at
the tjme of conveyance. All potable watet 'and sanitary .ewer facilitics
consttncted On private property and not required by the County to be located
within County utillty easOlll.enls shall be owned, opmted and maintained by lh..
de-veloper, his assigns or successors.
B. All customtl'S counocting to the potable water dis1ribution system shan be
customers of the County and shall be billed by the County in accordance wilh tho
CountY's established rates.
C. Collier County shall assume ownership end mainlenBnc<> responsibility for any
lift station required to se"", The Vanderbilt Trust 1989 PUO, should such 11ft
station also be designed to serva adjacent site('). .
4,8. ENGINEERING
A. Design and constraotlOll of all iropl:OVOlXlo:nll shall be subject to compliance with
tho appropriat<l provisions of the Collier County Land Development Cod.,
Division 3.2.
B. Work within Collier ColDJIy right-of-way shalllllect tho requirements of the
Collier County Right-of-Way Ordinance No. 93-64, as amended.
4.9
T ....NDR(;.A.'PING
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A. All requlreclllndloap. bulfers shall be In 8OCOl'danc. with Soction 2.4.7.4, oflb.
Colllox County Lend Dev.lopment Code, oxcept tlw minimum buffi>r wic!tbl
.ball be ooDllatent with tho... shoWn on tho PUD __ pi.... Exldblt A.
B. The ._.most ltndsoape bulJer shall cons\!t of rotalned native v.setatlon to
tho gr_ extent possible end shall be a minimum of thirty teet (30') in width
as shown on th!l PUD Mas1l:r Plan, Exhibit A. In additlOll, ~ exotic vegetation
removed from the _-most bulier shall be replaced with l1lIfive v.getation
wbich will amin 8Il opacity equal to tho removed exotic vegetation.
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Agenda Item No. 8B
April 8, 2008
Page 118 of 163
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4.10. ENVIRONMENTAl.
4-4
A. 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 plan/construction plan approval. This plan shall include the methods and
time schedule for removal of exotic vegetation within conservation/preservation
areas.
B. Pennits or letters of exemption from the U.S. Anny Corps of Engineers (ACOE)
and the South Florida Water Management District (SFWMD) shall he presented
prior to final site plan/construction plan approval.
C. Petitioner shall relain a minimum of 15% of the PUD of the native vegelation on
site as required hy Section 3.9.5.5.4 of the Collier County Land Development
Code.
4.11. ACCESSORY STRIJCTIIRES
Accessol}' structures shall be con'lmcled simnltaneously with . or following the
conslmction of the principal stmcture(s). Temporary offices to be u,ed for sales
functions and/or constmction offices may be constructed prior to the construction of
principal structures.
4.12. SIGNS
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4.13.
4,14,
All signs shall be in accordance with Division 2.5 oftbe Land Development Cod..
POJ.I,INGPLACES
Pursuant to Section 2.6.30 of tho Land Devolopment Code, at the written requOSl DC'.
the Collier County SnporviBDr of Elections, pmvisloos shall bo rosdo for tho futuro
use of building space within common areas fur the purposes of accommodating tho
function oC an electoral polHng place.
mSTORICAVARCHAROI.OGlCAI.
The subjoct property is located outsldo an area of historie/archeologieal probability
and therefore is granted a waiver pursuant to Section 2.2.25.3.10 of the Collier
County Land Development Code. If during the course of site clearing, excavation
or other construction activity, a historic or archaeological artif""t or Indicator is
found, the developer shall invoke the procedureS as established in Section 2.2.25,8.1
ofthe comer County Land Development Code.
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EXHIBIT .. A II
Agenda Item No. 8B
April 8, 200S
Pag~. 119 of 163
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.April 8, 200S
Page 120 of 163
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STATE OF FLORIDA)
COtlNTY OF COLLIER)
,.
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing "is a true copy of:
::;;,
~~ ~ -1\
"'"'!p ~ "..,.
~~ - ."..,.
;;,.-, .p \".,.,.
Which was adopted by the Board of County Commissioners on ~ ~ '(:)
12~b, day of October, 1999, during Regular Session. ~~ ~
~~ ~
~~ c:>
WITNESS my hand and the official seal of the Board of County ~~
ORDINANCE NO. 99.70
Commissioners of Collier County, Florida, this 13th day of October,
1999.
DWIGHT B. BROCK . .<~;~~~.~i~~.(;~?:';:>,.
Clerk of' Courts and Clerk ....~.~./~.. ,;..:(ll.t~,""o:.
ffi i : ,-'.' ,\\,'tII'.' ".", "'c.'.
Ex-o c 0 ~o Board of t :-,:~",r~*.' ':?..~\:;;'l""~d, ~
County Comm~ssioners :;;:"::',€{::' ::,,~.;,~t::~f='
\r\ ~~ ~ ~~~r;;:::.{t1}l!lJ?S~r;jj
~ . ~ '1~/\1h';~,t~ ""?'!-t~~.l
. : ',/, dJ.' ""'':-~'';'" \'\' ,,'" ,."
By: Arlene J. Baker, : ";'~/'l'!';f!.>.r:,f)':;'..".
Deputy Clerk ~ .:,."....,.."".1
Agenda Item No. 8B
April 8, 2008
Page 121 of 163
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers _ Land Surveyors _ Planners
LETTER OF TRANSMITTAL
Date: September 24, 2007
Project: Vanderbilt Trust MPUD, AR-11723
Location: S31, T48S, R26E, Collier County, Florida
TO: Linda Bedtelyon
Community Planning Coordinator
Community Development & Environmental Services Division Administration
2800 N. Horseshoe Drive
Naples, FL 34104
Items transmitted via:
Courier
We are sending you the following items:
Affidavit of Compliance
Notification letter
Project location map
List of property owners notified
Remarks:
Signed:
mpenhour
cc:
3&00 Vi. Del Rey
Bonita Springs, Florida 34134
(239) 947-1144 Fax (239) 947-037S
VTPA7
La 9-24-07 T.doc
Agenda Item No. 88
A[Ujl.ll 200S
Vanderbilt TI1lIllt~If~f 163
AR-11723
AFFIDAVIT OF COMPLIANCE
I hereby certify that pursuant to Ordinance 2005-27 of the Collier County Land
Development Code, I did give notice by mail to the following property owners and or
condominium and civic associations whose members may be impacted by the proposed land
use changes at their current address as shown by the records of the Collier County Property
Appraiser of an application request for an amendment to the Collier County Growth
Management Plan, at least ten days prior to the scheduled Neighborhood Information Meeting.
The said notice contained the laymen's description of the site property of proposed change and
the time and place of a Neighborhood Information Meeting.
Per the attached letters and or property owner's list, which are hereby made a part of
this Affidavit of Compliance.
State of Florida
County of 6ellier U;;: c
The foregoing Affidavit of Compliance was acknowledged before me this 21 ,\ day of
September, 2007, by Sharon Umpenhour, who is personallY known to me or who has produced
l~A'"r~~ PMlEIAM.H\'Y11
lei ,~MYCOMMISSION#DD631212
'"J,.....~~' EXPIRES: May 24, 2009
'.P.tHff,-.. 8ondedThnJrlmaryPubllt:Undl!rwrilors
r:J~ /1//
ature of Notary Public)
fil/.fEUI 1'1. II yy n
(Print name of Notary Public)
10/2512006-179337 Ver. 01!- MPERRY
CA#43
N0155-011-00Q- PPHS- 29251
VTPA7
Q. G..~-\.DY MINOR & ASSOCIATE_ . P,A.
Civil Engineers II Land Surveyors II Planners II Landscape Architects
Agenda Item No. 8B
April 8, 2008
Page 123 of 163
MARKW.MlNOR,.P.E.
JOSHUA R F:V ANS, P.l!.
MICHAEL T. HERRERA. P.E.
DAVlDW.SCHMlTI.P.E.
MICHAELJ. DELATE, P.E.
C. DEAN SMITH. P.E.
GARY J. GASPERlNI, P.E.
WIlSON A. GARCIA, P.E.
D. WAYNEARNOW,A.LCP.
STEPHEN V. BURGESS, P S.M.
JUAN A. ARAQUE, P S.M.
KEl1H A. STEPHENSON, P S.M.
KENNETIi W. PAHlJTSI(J
HEIDI K. WIl.UAMS, A.lC.P.
PAMELA M. HYYI1
September 21,2007
RE: Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-11723 .
Dear Property Owner:
This letter serves as Notification of a Neighborhood Information Meeting for Rezoning.
Amy Turner and/or Tammy Tumer Kipp, owners, represented by D. Wayne Arnold,
AICP of Q Grady Minor and Associates, PA and Richard Yovaoovich of Goodlette,
Coleman and Johnson, P.A. have made a formal application to Collier County to
request a rezone from Planned Unit Development (PUD) to Community Facilities
Planned Unit Development (CFPUD) for the Vanderbilt Trust 1989 PUD. The property
consisting of 7.8:!: acres is located on the north side of Vanderbilt Beach Road,
approximately 1/4 mile east of Livingston Road, Section 31, Township 48, and Range
26, Collier County, Florida.
The proposed zoning change would allow a maximum of 80,000 square feet of
commercial land uses and assisted and independent living facilities for persons over the
age of 55 at a 0.6 floor area ratio.
In order to provide you an opportunity to become fully aware of our intention to develop
the described property as indicated above and to give you an opportunity to provide
comment regarding the development intended, we are holding a Neighborhood
Information Meeting on Wednesday, October 10, 2007, 5:30 P.M. at the Vineyards
Elementary School Cafeteria, 6225 Arbor Boulevard, Naples, FL.
At this meeting, we will share with you the conceptual development plans for the
property.
S on Umpenhour
lanning Technician
(239) 947-1144 II FAX (239) 947-0375 II Web Site: www.gr.dyminor.com
3800 Vi. Del Rey II Bonita Springs. Florida 34I34-7S69
EB 0005151 II LB 0005151. LC 26000266
Nofitlcation letter.DOC
VTPA7
Agenda Item No. 8B
April 8, 200S
Complete the following for all Assoclatlon(s) affiliated with this petition~age 124 of 163
Provide additional sheets if necessary,
NAME OF HOMEOWNER ASSOCIATION: WILSHIRE lAKES MASTER ASSOCIATION
MAILING ADDRESS 9877 CLEAR LAKE CIRCLE CITY NAPLES STATE.E.l- ZiP 34109
NAME OF HOMEOWNER ASSOCIATION: PELICAN MARSH OWNERS' ASSOCIATION
MAILING ADDRESS 1385 WOOD DUCK TRAIL CITY NApLES STATE FL ZiP 34108
NAME OF HOMEOWNER ASSOCIATION: PELICAN MARSH PROPERTY OWNER ASSOC.
MAILING ADDRESS 1853 TIMARRON WAY CITY NAPLES STATE FL
ZIP 34109
NAME OF MASTER ASSOCIATION: VILLAGE WALK HOMEOWNERS ASSN. OF NAPLES,
INC.
MAILING ADDRESS 3953 ISLA C1UDAD COURT CiTY NAPLES STATE.Eb- ZIP 34109
Application For Public Hearing For POO Rezone 1/22/07
vrPA7
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April S, 200S
Page 126 of 163
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COLLIER COUNTY, FLORIDA
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Agenda Item No. 8B
April 8, 2008
Page 127 of 163
From:
Sent:
To:
Subject:
Vincent Lucas [vplucas@comcaslnet)
Friday, october 05, 2007 3:05 PM
bedtelyonJ
Re: Vanderbilt Trust 1989 CFPUO. PUOZ-A-2007 -AR-11723
To Whom It Is Concerned:
We, Vincent p, Lucas & John E. Van Dellen, residents of 3735 Fieldstone Blvd. *903,
Naples, FL 34109 do hereby voice our objections to the above-mentioned rezoning request.
We did not buy our property in 2000 to be living next door to a nursing home, storage
facility or any other "business". This area is residential and if nothinq else, it should
be kept that way. Any "business" in our immediate vicinity to the Wilshire Lakes coxmnunity
is not in character with the community, plain and simple. We also fear that our property
values will go down if this rezoning change is allowed to take place. For those reasons,
we oppose this request for rezoning.
Further, we are just plain sick and tired of watching any and every available postage-
stamp size lot of Southwest Florida upland habitat be bulldozed out of existence, turned
into "moonscapes" and then "developed" into yet another shopping mall, gated community,
spa, retirement community, golf course or (feel free to add your own choice here),
for the whims of avaricious millionaire "wannabes"
who have no stake in the community other than to make a killing off of the good folks that
live there~ We are also sick and tired of seeing certain narcissistic attorneys in the
media defending these greedy developers at the expense of the public who have virtually no
say in their communities any more with regard to these developments, since the.Powers That
Be rubber-stamp their clients' every request for permits and rezoning. When will it ever
stop? What will be left of Native Florida for future generations to enjoy? Something needs
to change. We fully support the Florida Hometown Democracy movement to get this very issue
on the 2008 ballot so that we, the voters, and we, the public community have the final say
as to what development WE want in OUR communities. We urge others who feel the same way t(
join us. .
Sincerely,
Vincent P. Lucas
John Van Dellen
3735 Fieldstone Blvd. t903
Naples, FL 34109
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Agenda Item No. 8B
April 8, 2008
Page 128 of 163
ORDINANCE NO. 99- 70
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND OEVELOPMENT CODE WIllCH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS POR THE
UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY
AMENDING THE OFFICIAL WNING ATLAS MAP NUMBER 8631S; BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TIlE
VANDERBILT TRUST 1989 FOR AN ASSISTED LIVING FACILITY
CHILD CARE CENTER AND SKILLED NURSING FACILITY USES'
LOCA lEP APPROXlMA lEL Y I MILE EAST OF AIRPORT ROAD (c.i
31) ON THE NORTH SIDE OF VANDERBILT BEACH ROAD (CR 862).
IN SECTION 31. TOWNSHIP 48 SOUTIl, RANGE 26 EAST. COLLIER
COUNTY, FLORIDA. CONSISTING OF 7.85% ACRES; AND BY
PROYlOING AN EFFECTIVE DAlE.
WHEREAS, D. Wayne Arnold. of WilsooMiller, Inc., and Kim Patrick Kobza. Esquire, afTreiscr, Kob:ra
and Volpe, Chtd., representing The Vanderbilt Trust ~ 1989, petitioned the Board of County Commissioners to
change the zoning classification of the herein descnbed real property;
NOW. THEREFORE BE IT ORDAINED by the Board of County Commissioners ofCollicr County,
Florida:
SECTION ONE'
The zoning classification of the herein described real property located in Section 31, Township 48 South.
Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural 10 "PUD" Planned Unit
Development in accordance with The Vanderbilt Trust 1989 PUD Document, attached herelo 85 Exhibit" A" and
incorporated by reference herein. The Official Zoning Atlas Map Number 86318, .85 d7scribcd in Ordinance
Number 91.102, the Collier County Land Development Code, i5 hereby amended accordingly.
SECTION TWO:
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Approved.. to Form
and LesaI Sufficiency
This Ordinance shall become effective upon filing with the Department of State. :-i
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County~~.
~.dayof <U~"'\~G.Q.. .1999. ~f~: ~ :!!
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BOARD OF COUNTY COMMISSIONERS r-;,18 ~ Irn
COLLIER COUNTY. FLORIDA " ~ .. I
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BY:
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fHA;i.w. r'tl. Ikt. ~,~~t.
Mati e M Student
AWtant County Attorney
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THE VANDERBILT TRUST 1989
A
PLANNED UNIT DEVELOPMENT
Prepared for:
THE V ANDERBIL T TRUST - 1989.
Amy Turner, Trustee
6625 New Haven Circle
Naples. FL 34102
Prepared by:
Q. GRADY MINOR & ASSOCIATES, P.A.
3800 Via Del Rey
Bonita Springs. FL 34134
EXHIBIT uA"
Date Reviewed by ecpe
Dale Approved by Bee
Ordinance Number
Amendments and Rq>eaI
Agend"ltem No. 8B
April 8, 2008
Page 129 of 163
Agendq Item No. 8B
April 8, 200S
Pag.e 130 of 163
TABLE OF CONTENTS
Statement of Compliance
Section I Property Ownership and Description
1.1: Purpose
1.2. Legal Description
J.3. Property Ownership
1.4. General Description of Property Area
1.5. Project Description
1.6. Short Title
Section II Project Development Requirements
2.1. Purpose
2.2. General
2.3. Description of the PUD Master Plan and Proposed Land Uses
2.4. Related Project Plan Approval Requirements
2.5. Sales Facilities
2.6. Amendments to PUD Document or PUD Master Plan
2.7. Cornmon Area Maintenance
2.8. Design Guidelines and Standarda
2.9. Provision of Off-site Removal of Earthen Material
Section m General Development Regnlations
3.1. Purpose
3.2. Uses Permitted
3.3. Development Standards
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Section IV
4.1.
4.2.
4.3.
4.4.
4.5;'
4.6.
4.7.
4.8.
4.9.
4.10.
4.11.
4.12.
4.13.
4.14.
Exhibit "An
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Agenda Item No. 8B
April 8, 200S
Page 131 of 163
Development Commitments
Purpose
General
PUD Master Plan
Monitoring Report and Sunset Provision
Transportation
Water Management
Utilities
Engineering
Landscaping
Environmental
Accessory Structures
Signs
Polting Places
Historic! Archeological
PUD Master Plan
Agenda Item No. 8B
April S, 200S
Page 132 of 163
STATEMENT OF COMPLIANCE
The development of this project will be in compliance with the planning goals and objectives of
CoUier County as set forth in the Growth Management Plan for the following reasons:
1. The project will consist of a maximum of200 Assisted Living Facility (ALF) Units or
a combination of up to 180 ALF units and up to 50 Skilled Nursing Care Facility
. (SNCF) beds, as well as, ancillary uses. Tbe PUD also provides for lbe development
of a child day care center on the 7.85:!: acre site. The property is located in lbe Urban
Mixed Use District, Urban Residential Subdistrict Non-residential uses such as
ALFs and child care centers are pennitted land uses within this designation. The
Collier County Land Development Code permits ALFs, subject to a floor area ratio
(FAR) of 0.45. Tbe Vanderbilt Trust 1989 PUD will be developed in accordance
witb the FAR requirements oftbe Collier County LDC.
2. The project shall be in compliance with all applicable County regulations including
tbe Growth Management Plan.
3. The project will be served by services and utilities as approved by lbe County.
4. The project is compatible with adjacent land uses throngh lbe internal ammgement of
structures, the placement ofland use buffers, and the proposed development standards
contained herein.
5. All linalloeal develnpment orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code.
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Agenda Item No. 8B
April 8, 200S
PagB 133 of 163
STATEMENT OF COMPLIANCE
The development of this project will be in compliance with the planning goals and objectives of
Collier County as set forth in the Growth Management Plan for the following reasons:
1. The project will consist of a maximum of200 A.sisled Living Facility (ALF) Units or
a combination of up to 180 ALF units and up to 50 Skilled Nursing Care Facility
'(SNCF) beds, as well as, ancillary uses. The PUD also provides for tbe development
of a child day care cenler on the 7.85:t acre site. The property is located in the Urban
Mixed Use District, Urban Residential Subdistrict. Non-residential uses such as
ALFs and child care centers are permitted land uses within this designation. The
Collier County Land Development Code permits ALFs, subject to a floor area ratio
(FAR) of 0.45, The Vanderbilt Trust 1989 PUD will be developed in accordance
with the FAR requirements ofthe Collier County LDC.
2. The project shall be in compliance with all applicable County regulations including
the Growth Management Plan.
3. The project will be served by services and utilities as approved by the County.
4, The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land use buffers, and the proposed development standards
contained herein.
5. All finalloeal development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code.
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Agenda Item No. 8B
April 8, 2008
Pag" 134 of 163
I-I
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1. PURPOSF:
The purpose of tbis 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 The Vanderbilt Trust 1989 PUD.
1.2. LF:GAL DF:SCRlPTION
The West y, of the South y, of the Southeast V. of the Southwest V. of Section 31,
Township 48 South, Range 26 East, Collier County, Florida, less the south 150 feet
thereof, consisting of 7.85! acres.
1.3, PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership of The Vanderbilt Trust-
1989, Amy S. Turner. Trustee.
1.4. GENF:RAI, DESCRIPTION OF PROPERTY AREA
A. The 7.85:1: acre site is located approximately 1 mile east of the intersection of Airport-
Pulling Road and Vanderbilt Beach Road in Section 31, Township 4B South, Range
26 East The vacant property is bordered on the south by Vanderbilt Beach Road (CR
862); on the north by agricultura1lands, zoned A, Rural Agricultural; to the east hy
the Wilshire Lakes PUD and on the west by the Bobbin Hollow Equestrian Center,
zoned A, Rural Agricultural.
B. The zoning classillcation of the subject property prior to the date of this approved'.
PUD Document was A, Rural Agricultural.
C. The project sito is locatod in Flood Zone .X" accordlnJ to FIRM Map No 120067,
,.~ Panel No. 03gS D, 195 D, 21S D, and 425 D, dated June 3, 1986.
1.5. PROJECT DESCRIPTION
The Vanderbilt Trust 1989 PUD is designad to accommodate continuing care facilities
including an Assisted Living Facility (ALF), consisting of Independent and Dependent
Living Units, as well as a Skillad Nursing Care Facility (SNCF). The PUD also makes a
provision for the construction of a child care facility, whether free-standing or an integral
component of the ALF facility. The maximum number of ALF units pcnnitted within the
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Agenda Item No. 8B
.April S, 200S
Page 135 of 163
1-2
PUD is 200. A maximum of 50 SNCF beds may be constructed within the PUD;
however Ihe ability to construct up to 50 SNCF beds in combination wilh Ihe ALF shall
require a subsequent reduction in the number of ALF units. ALF and SNCF facilities
shall be defined as those facilities described in Sections 400.402 and 400.407. F.S.,
respectively and Division 6 of the Collier County Land Development Code. The project
will also include ancillary support medical, nursing. and retail dispensary services to the
ALF and SNF uses. The permitted child day care facility shall be constructed in
compliance with the Collier County Land Development Code and applicable provisions
of The Vanderbilt Trust 1989 PUD.
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Agenda Item No. 8B
April 8, 2008
Page 136 of 163
1-3
1.6. SHORT Tm.E
This Ordinance shall be known and cited as the "The Vanderbilt Trust 1989 Planned Unit
Development Ordinance."
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Agenda Item No. 8B
April 8, 200S
Page 137 of 163
2-1
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
Regulations for development of The Vanderbilt Trust 1989 POO shall be in
accordance with the contents of this Planned Unit Development District document
and other applicable sections and parts of the Collier County Land Development
Code and Growth Management Plan in effect at the time of development order
approval. Where this POO Ordinance does not provide development standards, then
the provisions of the specific section of the LDC in effect at the time of issuance of any
development order to which said resulation relates shall apply.
A. Unless otherwise noted. the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the time of
building permit application.
B. All conditions imposed and all graphic material presented depicting restrictions for
the development of The Vanderbilt Trust 1989 POO shall become part of the
resulations which govern the manner in which the POO site may be developed.
C. Unl... modified, waived or excepted by thi. POO, tlte proviaiDDl of any other
sections of tlte Lond Developmont Code, where applicable, remain in full farce and
effect with respect to the development of lite land whieh comprises this POO,
.,..-....
D. Development permitted by tlte spproval af this Petition will b. aubjeet to &
concurrency review under the provisions of Division 3.1 S, Adequate Public Facilities,
af tbe Land Development Code, at the earliest or nextta occur of eitlter final SDP
approval, final plat approval, or building permit issuone. applicable to tbia
development.
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Agenda Item No. 8B
April 8, 200S
Pag'e 138 of 163
2-2
2.3. DESCRIPTION OF THF: PUD MASTF:R PLAN AND PROPOSF:D LAND lISF:S
A. The PUD Master Plan, which indicates projcet access points, internal circulation and
land development envelopes, is illustrated graphically by Exhibit "A", PUD Master
Plan.
B, The specific location and size of individual tracts and the assigmnent of square footage
or units shall be detennined at the time of C01Ulty development approval. Changes and
variations in building tracts, location and acreage of these uses shall be permitted at time
of County development approval to accommodate utilities, topography, vegetatio~ and
other site and market conditions. subject to the provisions of Section 2.7.3.5. of the
Collier County LOC.
C. In addition to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public) shall be established within or
along the various tracts as may be necessary.
2.4 RELATED PROJECT PI ,AN APPROVAL REOUlREMF:NTS
A. Prior to the recording of a Record Plat, andlor Condominium Plat for all or part of
the PUD, 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.
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Agenda Item No. 8B
April 8, 200S
Page 139 of 163
2-3
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, 8 Preliminary Subdivision Plat, if
applicable. sball be submitted for the entire area covered by the PUD Master Plan.
Any division of property and the development of the land shall be in compliance
'. with Division 3.2 of thc Collier County Land Development Code, and the platting
laws ofthc State of Florida.
C. The provisions of Division 3.3 ofthe Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
development order.
D. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities.
2.5 SALES AND CONSTRUCTION OFFICES
Wet or dry temporary offices used for sales functions and/or construction offices and
their support facilities shall be permitted uses in conjunction with the promotion and
dcvelopment of The Vanderbilt Trust 1989 PUD. These nses shall be subject to the
requirements of Section 2.6.33.3, Section 3.2.6.3.6 and Division 3.3 of the Collier
County Land Development Code.
2.6 AMENDMFNTS TO PUD DOCUMENT OR PUD MASTER PI.A N
The PUD Master Plan is designed to be flexible with respect to locations of
buildings and water management facilities, Final designs shall be consistent with all
development stondords contained in this PUD document, includinll buildinj hoillht
and minimum yarda. The Planning ServiCOl Directnr shall bo authorized to approve. .
minor changes to the PUD Master Plan upon written request:
.---)
1. Reconfiguration of lakes, ponds or other water management features where
changes are consistent with the criteria of the South Florida Water Management
District andlor Collier County.
2. Internal realigmnent of rights-of-way or driveways.
3. Reconfiguration of ALF/SNCF development envelope where propooed change
does not reduce proposed buffers or preserve areas.
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Agenda. Item No. 8B
April 8, 2008
Page 140 of 163
2-4
Other amendments may be made to the PUD master plan as provided in the Collier
Land Development Code, Section 2.7.3.5.
County
2.7 ASSOCIATION OF PROPERTY OWNF.RS FOR COMMON AREA
, MAINTENANCE
Whenever the developer elects to create land area andior amenities whose ownership
and maintenance responsibility is a common interest of all of the subsequent
purchasers of property within said development in which the common interest is
located, lhat developer entity shall provide appropriate legal instruments for the
establishment of a Property Owners' Association whose function shall include a
provision for the perpetual care and maintenance of all common facilities and open
space subject further to the provisions of the CoUier County Land Development
Code, Section 2.2.20.3.8.
2.8 DESIGN GUIDELINES AND STANDARDS
The Vanderbilt Trust - 1989 PUD will feature an integrated and compatihle
architectural building style. Where multiple buildings are constructed within the
PUD. all buildings shat! be conslructed using like exterior building materials and
primary color palate, while retaining a common architectural building style.
2.9 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl.
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is permitted. Off-site
disposal of this material is also pennitted subject 10 the following conditions:
I. Excavation activiti.. ~hall comply with the definition of a
"development excavatl...... purauant to SOCtiDll 3.'.'.1.3 of the Land
Development Code whereby off-sile removal shall bo limited to 10%
of the total up to a maximum of 20,000 cubic yards.
f........
2. All other provisions of Division 3.5. are applicable.
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Agenda Item No. 8B
April 8, 200S
Page 141 of 163
3-1
SECTION III
DEVELOPMENT REGULATIONS
3.1 .' PURPOSE
The purpose of this Section is to identify the pcnnitted uses and development
standards for ALF/SNCF and ancillary uses that will be applied to the development
areas so designated on Exhibit "A",
3.2 USES PERM1TI'ED
A maximum of 200 ALF units. or a combination of up to 180 ALF units and a
maximum of 50 SNCF beds may be constructed within The Vanderbilt Trust 1989
PUD, The PUD shall also pennil the construction of a child care facility, whether
free-standing or integral to the ALF facility. ALF and SNCF uses shall be those
defined under Sections 400.402 and 400.407 F.S., respectively and Division 6 of the
Collier County Land Development Code.
Permitted uses.
1. Assisted living facilities and including skilled nursing care facility, subject to the
requirements of Section 2.6.26 of the Collier County Land Development Code.
2. Child Day Care Services (8351)
Uses accessory to pennitted uses.
1. Accessory retail/penlonal service facilities such as sundxy shop, concierge
service, gid shop, cafeteria, hairdresser, dxy cleaning, florist. home health care
services and other similar uses Intcrna1lzcd within primary care structure.
2. Medical support facilities including physician offices and nUISing staff.
3. Child Day Care Services.
4. Customary accessory uses and otru_ includina covered parking, IIld lndoor
and outdoor recreation facilities, boardwalks, gszebos and nature trails.
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Agenda Item No. 8B
April S, 200S
Pag~ 142 of 163
3-2
The following developmenl standards shall apply 10 all pennilled and accessory uses.
Fronl:
1. Minimum Yard Requirements:
Side:
East
Wesl
Rear:
Thirty-five feet (35') for one and two slory slIUctures.
Fifty feel (50') for slIUctures exceeding two slories in
height
One hundred feel (lOa')
25 feet, excepl that accessory slIUctures may he constructed
a minimum of fifteen feel(15') from the PUD boundary.
Twenty-five (2S') feet, except that accessory structures may be
constructed a minimum of fifteen feet (15 ') from the PUD
boundary
2. Maximum Bldg. Height:
Three (3) habitable floors
Agenda Item No. 8B
,April 8, 200S
Page.143 of 163
4-1
SECTION IV
DEVELOPMENTCOMNUTMENTS
4.1. , PIJRPOSF,
The purpose of this section is to set forth the development commitments for the
development ofthe project.
4.2. GENER i\I ,
All facilities shall be constructed in acconlance with Final Site Development PlllllB,
Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated
otherwise, the standards and specifications of the Land Development Code, Division
3.2, shall apply to this project even if the land within the PUD is not to be platted.
The developer, his successor and assigns shall be responsible for the commitments
outlined in this document.
The developer, his successor or assignee shall follow the Master PlBIl and the
regulations of the PUD as adopted, and any other conditions or modifications as may
be agreed to in the rezoning of the property. In addition, any successor or assignee
in title is also subject to any commitments within this agreement.
4.3. PlJn MASTER PI,AN
A. Exhibit "A" PUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract. Jot or land use houndaries shall not be
construed to be final and may be varied at any subsequent spproval phaie such as
final ploWn. or 1110 dovolopmont plan application. Amo_onll Ihall bo.
pmnitted aubjoct to tho provisioDl of Soction 2.3 and 2,6 of this PUD dOCUUlOllI, .
and Section 2.7.3.5 of the Land Development Code.
,.
B. All _Ill')' euomOllll, dedleallona, or other iDllnlmOllIl Iball bo srantocl to
insure the continued operation lIIld maintenance of all service utilities and all
common areas in the project.
4.4.
MONITORING REPORT AND SUNSET PROVISION
A. The Vanderbill Trust 1989 PUD shall be &UbjectlO the Sunset Provisiona of
Section 2.7.3.4 of the Land Development Code.
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..
Agenda Item No. 88
April 8. 2008
Page'144 of 163
4-2
B. An annual monitoting report shall be submitted pU!SU811t 10 Section 2.7.3.6. of
the Collier County Land Development Code.
4.5. TRANSPORTATION
A. Primary site access shall be from Vandemilt Beach Road and shall be consistent
with the County's Access Management Policy, Resolution 92-422, as amended.
The project access point to Vanderbilt Beach Road as shown on the PUD Master
Plan, Exhibit A, is conceptual and the actual project access point shall be located
in accordance with the Countyts Access Management Policy.
B. The developer shall be responsible for the installation of srterial level street
lighting at all project entrances prior to the issuance of any certificates of
occupancy.
C. Road impact fees shall be paid in accordance with Ordinance 92-22, as amended,
and shall be paid at the time building permits are issued unless otherwise
approved by the Board of County Commissioners. .
D. The property owner shall reserve for additional Vanderbilt Beach Road Right-of-
Way, an area fifteen feet (IS') wide along the south property boundary. This
reservation shall be considorod as compensating tight-of-way to provide roadway
and drainage related improvements as psrt of the futuro Vanderbilt Beach Road
four-Ianing project. The dedication shall be eligible for impact fee credits and
shall be granted pursuant to hopact Fee Ordinance, 92-22. Compensating R.O.W.
for purposes of site~relatcd impacts soutb as deceleration lanes shall not be
eligible for impact fee credits. The reforcnced tight-of-way reservation shall be
transferred to Collier County in fee .imple title with 60 days of written request by
Collier County.
4.6. W,l.TERMANAGEMF.NT
'.
-'''''''V..,III.''''IlNOLD
""l~'-""'m.n.ln"
The development of this PUD Mast.. Plan shan be subject to and governed by the
following conditions:
A. In sccordanoe with tho rules of the South Florid. Water Management Distrlot
(SFWMD), Chapter 4OE-4 and 4OE-40, this project shall b. designed for a stann
event of a 3-day duration and 2S-year rotum frequency.
B. Drainage outfall .haIl be designed for discharge to the Airport Road Canal, via
the Vandelbilt Beach Road right-of-way.
C, Detailed wa"" management plaoa including outfall locations .haI1 be submitted at
the time of site plan review.
Agenda Item No. 8B
April 8, 2008
Page 145 of 163
Q GRADY MINOR
941 947 0375
10/14 '99 11:56 "0.761 03/03
4.7. urJLlnES
The development of this PUD Master Plan sball be subject to and governed by the
following conditions:
A. Water distribution, sewage collection and transmission systems sball be
constructed throughout Ibe project by the developer at no cost to Collier CO\D1ty
and the Stale of Florida. Potable waler and sllllitary sewer fiu:l1lties constructed
within platted rights-of-way or within dedicated County utility easementa,
required by the County, shall be conveyed to the County for ownership,
operation and maintenance pursuant to Collier County Ordinance No. 97-17, as
amended and all StBl:e and Federal regulations and adopted policies in effect at
the time of conveyance. AU potable walt:< and oanltsry sewer facilities
constructed on private property and not required by Ibe CO\D1ty to be located
within County utility easements shall be owned, opeI8lod and maintained by the
developer, his assigns or successors.
B. All customers conneeting to the potable wale: distribution syste:n sball be
customers of the County and shall be billed by the County in oceordanco with the
CountY's establisbed rstcs.
C. Collier County shall USIIlDO ownership and maintt:nancc responsibility for any
lift ststion required to serve The Vandel:bilt Trust 1989 PUP, should such lift
station a1so be designed to serve adjscen1sile(s). .
4.8. ENGlNEERlNG
A. Design and construetinn of all improv<ments shall be subject to compliance with
the appropriate provisiOllll of the Collier County Land Dovelopmcmt Code,
Division 3.2.
4.,
B. Work within Collier County right-of-way shall meet the requiremomts of the
Collier County Right-of- Wey Ordinance No. 93-64, as am.ended.
LANDSCAPING
A. All requ1recIl.n~~1pO bu:fI'en oba1I be in ~ with SectIon 2.4.7.4. oftbJI
Co1lle.t CoUDty Land Development Code. except that minimum buffer widtba
oball be ~ with tboto oboWll 011 ~ PUP _ pi.... ExbIbit A.
B. The OBStem-moat ,.....,oope but'for shall consiet of retslDed Dati.... vegetatioll to
the greatest extent possible and sball be a minimum of thirty feet (30') in width
as shown on the PUD Master Plan, llxbibit A. In sddiilOll, any exotic vegetation
removed &om the eulm1-most buffer shall be repl~ with native vegetation
wbicb will ol!ain an opacity oqual to the removed exotic vegetation.
"
Agenda Item No. 8B
April 8, 2008
Pagec146 of 163
,-'
4-4
4.10. ENVIRONMENTAl.
A. 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
sitc plan/construction plan approval. This plan shall include the methods and
time schedule for removal of exotic vegetation within conservation/preservation
areas.
B. Permits or lelters of exemption from the U.S. Army Corps of Engineers (ACOE)
and thc South Fiorids Water Mansgemeut District (SFWMD) shall be presented
prior to final site plan/constructiou plan approval.
C. Petitioner shall retain a minimum of 15% of the POO of the native vegetation on
site as required by Section 3.9.5.5.4 of the Collier County Land Development
Code.
4.11. ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with Dr following the
construction of the principal structure(s). Temporary offices to be used for sales
functions and/or construction offices may be constructed prior to the construction of
principal structures.
4.12. ~
All signs sball be in accordance with Division 2.5 of the Land Development Code.
4.13.
POI.J .TNG PI ,...~.~
Purouant 10 Section 2.6.30 of the Land Development Code, at the written request of' .
the Collier County SUporvilOI of Elections, provisiODl shall be made for the future
use of building space within common areas fur the pwpo..s of accommodating the
function of an electoral pollinS place.
4.14.
H1STORICAIJARCHAW.OI.OGICAI.
The subject proporty is locsted outside an ares of historic/archeological probability
8I1d therefore i. granted a waiver pUfllusnt to Section 2,2.25,3.10 of the Collior
County Land Dcvelopment Code. If durins the coUflle of site clearing, excavation
or other consbuction activity. a historic or archaeological artifact or indicator i.
found, the dcveloper shall invoke the procedures u established in Section 2.2.25.8.1
of the Collier County L8I1d Development Code.
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Agenda'llem No. 8B
April 8, 2008
. Page 147 of 163
,;;
Agenda Item No. 88
Apr~ 8, 2008
Page: 148 of 163
-.'
",'
~ . .
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
-:;;,
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Which was adopted by the Board of County Commissioners on ~ t1\
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WITNESS my hand and the official seal of the Board of County ~~
ORDINANCE NO. 99-70
12~. day of October, ~999, during Regular Session.
commissioners of Collier County, Florida, this 13th day of October,
1999.
".."'",'.'''''''''''
DWIGHT E. BROCK ......,,~,_}.,~,:E/:T...~.,;:'~'II,F
Clerk of Courts and Clerk _:-.,~< ,-':":\~-':"'~,'_\;;.:b{..:~\
Ex-officio to Board of /" c:. .:~~:,\:lt.?)_ ,;~>:-.._.:;;. ~
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County Carom ss oners E .~-~!, ~'i"::. :~::;:-.:i~'.;'t:' ~ .
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By: ~~~~~ gie~~ker, . --"':::;'~:i?~..r?::;~::/'
Agenda Item No. 88
April 8. 2008
Page 149 of 163
RESOLUTION NO. 05 - 80
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PURSUANT TO SECTION 10.02.I3.D OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE AFFECTING
ORDINANCE NUMBER 99-70 KNOWN AS VANDERBILT
TRUST 1989 PUD, EXTENDING THE CURRENT PUD
APPROVAL TO OCTOBER 12, 2006, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Vanderbilt Trust 1989 PUD, Ordinance Nwnber 99-70 adopted on
October 12, 1999 is subject to the provisions of Section 10.02.13.D., of the Land Development
Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective
Master Plans; and '
WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier
County Growth Management Plan; and
WHEREAS, the Board of County Commissioners has reviewed the PUD extension
petition, identified as PUDEX-2004-AR-6630, filed by Wayne Arnold of Q. Grady Minor and
Associates, P,A., representing Arny Turner, Tammy Turner Kipp and BRT Coastal Investments,
requesting an extension of the Vanderbilt Trust 1989 PUD per LDC Section 10.02.D.6. of the
LDC and has determined to extend the current PUD Zoning for two (2) years, or until October
12,2006.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
I. The above recitals are adopted herein by reference as if fully set forth herein.
2. This Resolution shall constitute evidence of compliance with the review requirements
of Subsection 1O.02..D.6. ofthe LDC.
3. Pursuant to said Subsection ofthe LDC, the current PUD approval is hereby extended
to October 12, 2006.
This Resolution is effective immediately upon its approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and in the records of the Petition for which the extension is granted.
.
.
Agenda Item No. 88
April 8, 2008
Page 150 of 163
.
Done this
;;>5t{,yor kMZJ20050
,ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
." "',
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D uty rtrf t~";~' !;~~~-t:"~I: >
Attest::I~t6;:,/jjJe(~:" ~ ~
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s \lDa~':f:?;.,.,1Y'~l~~Jil5~ ....,~'.' .
ApproYed.:~~'Ii:p.rm.lll!~~gal Sufficiency:
. ".:!.:,;'.i,~i.._ ~_"S1l3t~~,J, ."
. : .;: ..; ";.;':, ~', ..
BY: ~W~
FRED W. COYLE, C
-1'1'\, . ~'..-<.111. ~~.
MaIjorie. . Student .
Assistant County Attorney
Agenda Item No. 88
April 8, 2008
Page 151 of 163
From: Vincent Lucas [vplucas@comcast.net]
Sent: Friday, October 05, 2007 3:05 PM
To: bedtelyon 1
Subject: Re: Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-11723
To Whom It Is Concerned:
We, Vincent P. Lucas & John E. Van Dellen, residents of 3735 Fieldstone Blvd.
#903, Naples, FL 34109 do hereby voice our objections to the above-mentioned
rezoning request. We did not buy our property in 2000 to be living next door
to a nursing home, storage facility or any other "business". This area is
residential and if nothing else, it should be kept that way. Any "business"
in our immediate vicinity to the Wilshire Lakes community is not in character
with the community, plain and simple. We also fear that our property values
will go down if this rezoning change is allowed to take place. For those
reasons, we oppose this request for rezoning.
Further, we are just plain sick and tired of watching any and every available
postage-stamp size lot of Southwest Florida upland habitat be bulldozed out
of existence, turned into "moonscapes" and then Ildeveloped" into yet another
shopping mall, gated community, spa, retirement community, golf course or
(feel free to add your own choice here), for the whims of avaricious
millionaire I'wannabes"
who have no stake in the community other than to make a killing off of the
good folks that live there. We are also sick and tired of seeing certain
narcissistic attorneys in the media defending these greedy developers at the
expense of the public who have virtually no say in their communities any more
with regard to these developments, since the Powers That Be rubber-stamp
their clients' every request for permits and rezoning. When will it ever
stop? What will be left of Native Florida for future generations to enjoy?
Something needs to change. We fully support the Florida Hometown Democracy
movement to get this very issue on the 2008 ballot so that we, the voters,
and we, the public community have the final say as to what development WE
want in OUR communities. We urge others who feel the same way to join us.
Sincerely,
Vincent P. Lucas
John Van De11en
3735 Fieldstone Blvd. #903
Naples, FL 34109
r
ORDINANCE NO, 08-_
AN ORDINANCE OF TIiE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER
04-41, AS AMENDED, TIiE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH
INCLUDES TIiE COMPREHENSIVE WNING
REGULATIONS FOR TIiE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING TIiE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING TIiE WNING
CLASSIFICATION OF TIiE HEREIN DESCRIBED
REAL PROPERTY FROM PLANNED UNIT
DEVELOPMENT (PUD) TO COMMUNITY
FACILITIES PLANNED UNIT DEVELOPMENT
(CFPUD) FOR A PROJECT TO BE KNOWN AS
TIiE VANDERBILT TRUST 1989 CFPUD, TO
AlLOW DEVELOPMENT OF A MAXIMUM OF
200 ASSISTED UVlNG, CONTINUING CARE
RETIREMENT COMMUNITY, NURSING HOME,
RETIREMENT COMMUNITY AND/OR
INDEPENDENT LIVING FACILITY UNITS FOR
PERSONS OVER TIiE AGE OF 55, TO BE
DEVELOPED AT A MAXIMUM 0,6 FLOOR AREA
RATIO, FOR PROPERTY LOCATED ON TIiE
NORm SIDE OF VANDERBILT BEACH ROAD
(CR 862), APPROXIMATELY 1/4 MILE EAST OF
LNINGSTON ROAD (CR 881), IN SECTION 31,
TOWNSHIP 48 SOUTH, AND RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF
7.B% ACRES; PROVIDING FOR TIiE REPEAL OF
ORDINANCE NUMBER 99-70, TIiE FORMER
VANDERBILT TRUST 1989 PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wayne Arnold, of Q. Grady Minor & Associates, Inc., and Richard D.
Yovanovich, of Goodlotte, Coleman, and Johnson, P.A., representing Amy S, Tomer and/or
Tammy Turner Kipp, petitioned the Board of County Commissioners to change the zoning
classification of the heroin described real property,
NOW, THEREFORE, BE IT ORDAINED BY TIiE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA !bat:
SECTION ONE'
The zoning classification of the herein described real property located in Section 31,
Township 48 South, Rang. 26 East, Collier County, Florida, is changed from the Planned Unit
Development (PUD) Zoning District to the Community Facilities Planned Unit Development
CFPUD) Zoning District for the Vanderbilt Trust 1989 CFPUD, in accordanoo with Exhibits A-
H, wbicb are attached homo and which are incorporated herein and by reforenoo made psrt
(1-29-08) Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-II723
Page I of2
Agenda Item No. 88
April 8, 2008
Page 152 of 163
haroot The appropriate zoning atlas map or maps, as described in 0rdi.aaDce Number 04-41, as
amended, tho Collier County Land Development Code, islue hereby amended accordingly.
SECTION TWO:
0rdi.aaDce Number 99-70, kDown as the Vanderbilt Trust 1989 PUD, odopted on October
12, 1999, by tho Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
SECTION lHRF.E:
This Ordinance shall become effective upon filing with the Department of State,
PASSED AND DULY ADOPTED by . super-majority vote of the Board of County
Commissioners of Collier County, Florida, Ibi. _ day of
,2008,
ATTEST:
DWIGHT E, BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
TOM HENNING, CHAIRMAN
Approved as to form and
legal sufficiency
~~ Ma.:iorie M. Student-Stirling
. Assistant County Attorney
PUDZ-A.JOO7-AJl.ll n3JKD1lp
Exhibit A: List of Allowable Uses
Exhibit B: Dovclopment S1aodards
Exhibit C: Master Plan
Exhibit D: Legal Dosctiption
Exhibit E: List of Deviations with Justification
Exhibit F: List of Developer Commitments
Exhibit G: Landscape Buffers
Exhibit H: Alternative Landscape Plan
(1-29-08) Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-11723
Page 2 of2
Agenda Item No. 88
April 8, 2008
Page 153 of 163
EXHIBIT A
FOR
VANDERBILT TRUST 1989 CFPUD
Agenda Item No. 88
April 8, 2008
Page 154 of 163
PERMITTED USES:
A maximum of 200 units may be developed for assisted and independent living units for
persons aged 55 and over. nursing home units, retirement community or continuing
care retirement communities. For purposes of this CFPUD, retirement community shall
be defined as one or more dwelling units consisting of apartments, condominiums, or a
self-contained village, which is restricted to adults or senior citizens who are self-
sufficient. They may also contain special services such as medical facilities, dining
facilities. and some limited, supporting retail facilities. No building or structure, or part
thereof, shall be erected, altered or used, or land used. in whole or in part, for other
than the following:
I. Community Facility Tract
A. Principal Uses:
1. Assisted living facilities, independent living facilities for persons over age 55,
continuing care retirement communities. retirement communities. and
nursing homes. All uses shall be permitted at a combined maximum F.A.R. of
0.6.
2. Essential services, per Section 2.01,03.A of the Land Development Code
(LDC).
B. Accessory Uses/Structures:
1. Signs, water management, essential services, gate houses, covered parking,
nature trails, indoor and outdoor recreational facilities.
2. Other accessory uses and structures customarily permitted for the above-
referenced principal use,
3. Private amenities such as beauty and barber shops, transportation services,
resident dining, physical fitness facilities, meeting rooms and other personai
services related to assisted living facilities. independent living facilities for
persons over age 55, continuing care retirement communities, retirement
communities, and nursing homes.
4. Model units and on-site leasing, sales and maintenance facilities.
C. Operational Characteristics:
The developer of the independent living units and retirement community, its
successors or assigns, shall provide the following services and/or be subject to
the following operational standards:
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
PUD Document 3-10-08 (2) MMSS revisions (2).doc Page 1 of 10
VBRCPUD
Agenda Item No. 86
April 8. 2008
Page 155 of 163
3. Group transportation services shall be provided for residents for the purposes
of grocery and other types of shopping. Individual transportation services
shall be proved for the residents' individualized needs including but not
limited to medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents
with their individual needs. The manager/coordinator shall also be
responsible for arranging trips to off-site events as well as planning for
lectures, movies, music and other entertainment for the residents at the on-
site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness
programs shall be provided for the residents.
6. Each unit shall be equipped with pull cords designed to notify emergency
service providers in the event of a medical or other emergency.
7. Each unit shall be designed so that a resident is abie to age-in-place. For
example, kitchens may be easily retrofitted to lower the sink to
accommodate a wheelchair bound resident or bathrooms may be
retrofitted to add grab bars.
II. Preserve Tract
A. Principal Uses:
1. Open space, passive recreation, walking trails, and water management
facilities.
2. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA) through the
process outlined in the LDC.
PUD Documenl3-10-08 (2) MMSS revisions (2).doc Page 2 of 10
VBRCPUD
EXHIBIT B
FOR
VANDERBILT TRUST 1989 CFPUD
Agenda Item No. 88
April 8, 2008
Page 156 of 163
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the CFPUD.
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 site development plan (SDP) or
subdivision plat.
TABLE I
DEVELOPMENT STANDARDS FOR MIXED USE DISTRICT
PRINCIPAL STRUCTURES ACCI!SSOR.'f USES
MINIMUM LOT AREA 10,000 NA
MINIMUM LOT WIDTH 75 ft. NA
MINIMUM YARDS (External)
From Vanderbilt Beach Road right- 25 ft. 25 ft.
of-wav
From Northern Project Boundary 25 ft. 15 ft.
From Eastern Project Boundary 40 ft. 40 ft.
From Western Project Boundary 15 ft. 15 ft.
MiNIMUM YARDS (Internal)
Internal Drives/Right-of- 10ft. Oft.
wav /Prooerlv Lines
Preserve
25 ft. 10 ft.
MIN. DISTANCE BETWEEN 20 ft. or Y2 sum of building heights.
STRUCTURES
MAXIMUM HeIGHT ,
,
Zoned Height 4 stories over parking, not to exceed 50 ft. 25 ft.
Actual Heiaht 4 stories over oarking not to exceed 62 ft. 35 ft.
MAXIMUM FLOOR AREA RATIO (FAR) F.A,R.0.6..
. whichever is greater
.. Excluding parking areas under buildings
PUD Document 3-10-08 (2) MMSS revisions (2),doc Page 3 of 10
VBRCPUD
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EXHIBIT D
FOR
VANDERBILT TRUST 1989 CFPUD
LEGAL DESCRIPTION
Agenda Item No. 88
April 8, 2008
Page 158 of 163
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 31. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 31. TOWNSHIP
48 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA: THENCE RUN NORTH 89056'12" WEST,
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31, FOR A DISTANCE OF
661.05 FEET: THENCE RUN NORTH 02011'18" WEST FOR A DISTANCE OF 150.12 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED:
FROM SAID POINT OF BEGINNING, ALSO BEING A POINT 150 NORTH OF AND PERPENDICULAR TO
SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION. THENCE RUN NORTH 89056'12"
WEST, AND PARALLEL WITH, AND 150 FEET NORTH OF, SAID SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 31, FOR A DISTANCE OF 660,98 FEET TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
31: THENCE RUN NORTH 02009'51" WEST, ALONG SAID WEST LINE, FOR A DISTANCE OF 517.32 FEET
TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 31: THENCE RUN SOUTH 89056'42" EAST, ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 31, FOR A DISTANCE OF 660.76 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE
RUN SOUTH 02011'18" EAST. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31. FOR A DISTANCE OF 517.43 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 7,843 ACRES,
MORE OR LESS.
PUD Document 3-10-08 (2) MMSS revisions (2),doc Page 5 of 10
VBRCPUD
EXHIBIT E
FOR
VANDERBILT TRUST 1989 CFPUD
DEVIATIONS
Agenda Item No. 88
April 8, 2008
Page 159 of 163
1. A deviation from LDC Section 5.05,04.0.3, which establishes parking
standards for group housing uses including independent living units, assisted
living units, and nursing care units, to establish a parking standard for a
retirement community use as one (1) parking space per unit.
2. A deviation from LDC Section 4.05,04.G, which states that multi-family
clubhouse structures require parking spaces at a ratio of I parking space per
200 square feet and swimming pools require parking spaces at 1 per 75
square feet for the first 1,000 square feet and each additional 125 square
feet. in order to provide parking for the clubhouse facility and pool at a ratio
of 1 parking space per 800 square feet, or 25% of the standard clubhouse
parking standard.
3. A deviation from LDC Section 4.06.02.C.. which requires that a 15 foot wide
Type B buffer must be provided between a clubhouse and any multi-family
dwelling unit, to allow the developer to install landscape buffers between the
senior housing buildings and the clubhouse amenity building in compliance
with the alternative landscape plan. Exhibit H.
PUD Document 3-10-08 (2) MMSS revisions (2),doc Page 6 of 10
VBRCPUD
EXHIBIT F
FOR
VANDERBILT TRUST 1989 CFPUD
LIST OF DEVELOPER COMMITMENTS
Agenda Item No. 88
April 8. 2008
Page 160 of 163
Regulations for development of the Vanderbilt Trust 1989 CFPUD shall be in
accordance with the contents of this CFPUD Document and applicable sections of the
LDC and Growth Management Plan (GMP) in effect at the time of issuance of any
development order to which said regulations relate. Where this CFPUD Ordinance
does not provide development standards, then the provisions of the specific sections of
the LDC that are otherwise applicable shall apply.
A. TRANSPORTATION
1. All traffic control devices, signs, pavement marking, and design
criteria shall be in accordance with the Florida Department of
Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS),
current edition, FOOT Design Standards, current edition, and the
Manual On Uniform Traffic Control Devices (MUTCD). current edition.
2. Access points shown on the CFPUD Master Plan are considered to be
conceptual. Nothing depicted on any such Master Plan shall vest any
right of access at any specific point along any property boundary.
The number of access points constructed may be less than the
number depicted on the Master Plan; however, no additional access
points shall be considered unless a PUD amendment is approved.
3. Site related improvements (as opposed to system related
improvements) necessary for safe ingress and egress to this project. as
determined by Collier County, shall not be eligible for impact fee
credits. All improvements necessary to provide safe ingress and egress
for construction-related traffic shall be in place and operational prior
to commencement of on-site construction.
4. Nothing in any development order (DO) shall vest a right of access in
excess of a right-in/right-out condition at any access point. Neither
shall the existence of a point of ingress, a point of egress, or a median
opening, nor the lack thereof. be the basis for any future cause of
action for damages against the County by the developer, its
successor in title, or assignee. Collier County reserves the right to close
any median opening existing at any time which is found to be adverse
to the health. safety. and welfare of the public. Any such
modifications shall be based on, but not limited to. safety. operational
circulation, and roadway capacity.
PUD Document 3-10-08 (2) MMSS revisions (2),doc Page 7 of 10
VBRCPUD
Agenda Item No. 88
April 8, 2008
Page 161 of 163
5. If any required turn lane improvement requires the use of any existing
County rights-of-way or easement(s), then compensating right-of-way
or easements shall be provided at no cost to Collier County as a
consequence of such improvement{s) upon final approval of the turn
lane design during the review and approval of the first subsequent
development order. The typical cross-section may not differ from the
existing roadway unless approved, in writing by the Transportation
Division Administrator, or his designee.
6. If, in the sole opinion of Collier County, traffic signal[s), other traffic
control devices, signs, pavement marking improvements within a
public right-of-way or easement, or site related improvements (as
opposed to system related improvements) necessary for safe ingress
and egress to this project, as determined by Collier County, are
determined to be necessary, the cost of such improvements shall be
the responsibility of the developer, his successors or assigns. The
improvements shall be paid for or installed, at the County's discretion.
prior to issuance of the appropriate corresponding CO.
7. The developer shall make a payment in lieu of construction of the
sidewalk and/or bike lane provided along the project's frontage on
Vanderbilt Beach Road. The payment shall be made in accordance
with the LDC and must be paid at the time of site development plan
or plat approval. whichever occurs first.
B. PLANNING
1. The Vanderbilt Trust 1989 CFPUD shall have an integrated and
common building architectural style, Where multiple buildings are
constructed within the CFPUD, all buildings shall be constructed using
like exterior building materials and color palate.
2, At the time of SDP approval, the developer shall provide a detailed
landscape plan, which must be in compliance with Exhibit G,
Landscape Buffers, which is adopted as part of the CFPUD
commitments.
C, ENVIRONMENTAL
1. A minimum preserve area of 1.18 acres shall be provided at the time
of site plan approval.
PUD Document 3-10-08 (2) MMSS revisions (2}.doc Page 8 of 10
VBRCPUD
EXHIBIT G
FOR
VANDERBILT TRUST 1989 CFPUD
Agenda Item No. 88
April 8, 2008
Page 162 of 163
LANDSCAPE BUFFERS
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