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Backup Documents 03/01/2021 Staff Report MUDZ-PL20190000697; One Naples MPUD Page 1 of 24 Revised: September 24, 2020 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 1, 2020 SUBJECT: MPUD-PL20190000697 ONE NAPLES MPUD COMPANION GMPA, PL20190000696-CPSS-2019-10 COMPANION RIGHT-OF-WAY VAC, PL20200000368 ______________________________________________________________________________ PROPERTY OWNERS/APPLICANT/AGENT: Owner: Agents: Vanderbilt Naples Holdings, LLC 2639 Professional Circle Suite 101 Naples, FL 34119 Applicant: Vanderbilt Naples Holdings, LLC 2639 Professional Circle Suite 101 Naples, FL 34119 Robert J. Mulhere, FAICP, V.P. Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Richard Yovanovich, Esq. Coleman, Yovanovich, Koester 4001 Tamiami Trail N. suite 300 Naples, FL 34103 REQUESTED ACTION: The applicant is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone a property from C-3 Commercial Intermediate Zoning District to Mixed-Use Planned Unit Development (MPUD) One Naples. The property consists of two parcels created from several small lots. There is a companion application for right-of-way vacations for Gulf Shore Court between Southbay and Vanderbilt Beach Road, a portion of Center Street, and a public alleyway from Southbay Drive to Gulf Shore Court. Additionally, there is a companion Small Scale GMPA for 5.42 acres related to this request. The total acreage for the MPUD rezoning request is 5.42 acres. GEOGRAPHIC LOCATION: The subject property is located at the northeast corner of Gulf Shore Drive and Vanderbilt Beach Road in Section 32, Township 48 South, Range 25 East, Collier County (see location map, page 2). The proposed Master Plan is included in the PUD Ordinance, and as Attachment B. MUDZ-PL20190000697; One Naples MPUD Page 2 of 24 Revised: September 24, 2020 MUDZ-PL20190000697; One Naples MPUD Page 3 of 24 Revised: September 24, 2020 PURPOSE/DESCRIPTION OF PROJECT: The subject property consists of two aggregated parcels. The north parcel consists of platted lots fronting the Vanderbilt Lagoon on the north side of Southbay Drive (Lots 11-32, Block A, Vanderbilt Beach Center Subdivision). The south parcel is larger and consists of platted lots in Block D of the Vanderbilt Beach Center Subdivision. The applicant proposes to vacate portions of the rights-of-way for Gulfshore Court and Center Street. A connector road similar to Gulfshore Court is proposed between Southbay and Vanderbilt Beach Road. The parcels and the proposed right-of-way vacation make up the 5.42 acres of the proposed Subdistrict and MPUD requested development area. The site is presently zoned C-3, Commercial Intermediate. The applicant proposes 172 residential or hotel units, up to 10,000 square feet of commercial uses, a marina with a fuel dock, and a ship’s store. The applicant proposes to redevelop both parcels north and south. On the north parcel, the applicant proposes to develop two mid-rise residential buildings on Tract 3 and Tract 4 fronting on the Vanderbilt Lagoon. The buildings are 5 stories over 1 level of parking with 20 units per building. (Note: the PUD Ordinance does not indicate the number of units for Tract 3 and 4) The building height is 55-feet zoned and 87-feeet actual height. A marina is proposed at the Vanderbilt Lagoon frontage for the Tract 3 and 4 buildings, which is primarily limited to residents and guests. A maximum of 4 transient slips may be permitted and leased to charter boats. A ship’s store and fuel dock are proposed as well. On the south parcel at the northwest corner of Southbay Drive and Vanderbilt Beach Road, the applicant proposes to develop one mid-rise residential building on Tract 2 fronting on Southbay and Vanderbilt Beach Road. The building is 5 stories over 1 level of parking with 30 units residential units. The building height is 55-feet zoned and 77-feet actual height. On the south parcel at the northeast corner of Gulf Shore Drive and Vanderbilt Beach Road, the applicant proposes to develop two high-rise residential tower buildings on Tract 1 fronting on Gulf Shore Drive and Vanderbilt Beach Road. The tower buildings are 14 stories over 2 levels of parking deck with 102 residential or hotel units. The building height is 182-feet zoned and 208- feet actual height. The residential towers are proposed to be constructed above a two-level parking structure. There are commercial uses proposed on Tract 1, including up to 10,000 s.f. for the following uses: retail, restaurant, personal services, and professional office. All proposed buildings for the project include recreational uses, such as pools and fitness centers as permitted accessory uses. Please note that the applicant’s proposal is conceptual, and the PUD Ordinance does not limit the number of buildings and units for each Tract. SURROUNDING LAND USE AND ZONING: North: Restaurant-Hotel, Vanderbilt Lagoon, zoned CPUD and RSF-3ST South: Hotel-Restaurant, Residential (high-rise), zoned Pelican Bay PUD MUDZ-PL20190000697; One Naples MPUD Page 4 of 24 Revised: September 24, 2020 East: Residential condominium Barefoot Pelican, Vanderbilt Palms, zoned, C-3 West: Residential condominium Beachmoor, zoned RT-VBRTO overlay district Aerial Map (County GIS) The surrounding dwellings unit counts, and adjacent PUD densities are listed here: Miralia PUD (Regatta) – 23.44 DU/A Pelican Bay PUD – 3.7 DU/A Residential Unit Counts from the Collier County Appraiser: Admiralty of Vanderbilt Beach 12 units Barefoot Pelican 60 units Floridian Club (East) N/A Floridian Club (West) N/A Gulf Pointe 15 units Lighthouse Inn N/A Phoenician Sands 10 units Regatta at Vanderbilt Beach I 92 units Regatta at Vanderbilt Beach II 61 units Regatta at Vanderbilt Beach III 79 units MUDZ-PL20190000697; One Naples MPUD Page 5 of 24 Revised: September 24, 2020 Sausalito of Naples 7 units Seawatch 26 units The Beachmoor 33 units The Vanderbilt 19 units The Watermark 22 units Vanderbilt B Harbour Club (East) 18 units Vanderbilt B Harbour Club (West) 26 units Vanderbilt Beach Motel N/A Vanderbilt Beach Motel Condo 16 units Vanderbilt Hideaway 15 units Vanderbilt Palms 28 units A density map of the surrounding PUD projects and a Residential Unit Count map of surrounding properties have been included as Attachment C and D. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: A companion petition [PL20190000696/CPSS-2019-10] Small Scale Growth Management Plan (GMPA) Amendment application has been submitted for 5.42 acres to rezone property from the C-3, Commercial Intermediate Zoning District to a Mixed Use Planned Unit Development (MPUD). The amendment seeks to allow up to 172 multi-family residential dwelling units or hotel units, up to 10,000 square feet of commercial uses, and to increase the allowable density from 16 DU/A to 31.7 DU/A. Additionally, petition [PL20190000696/CPSS-2019-10] seeks to establish a new mixed-use Subdistrict in the Future Land Use Element (FLUE) and on the Future Land Use Map (FLUM) and map series for the subject property. CONCLUSION FOR GMP CONSISTENCY Due to the request for increased density from the maximum allowed density of 16 DU/A to 31.7 DU/A, the petition is not consistent with the adopted GMP, therefore the petitioner submitted the companion GMPA PL20190000696/CPSS-2019-10 for consideration. The MPUD petition may be deemed consistent if and when, the companion GMP amendment petition PL20190000696/CPSS-2019-10 is adopted and goes into effect. The PUD Ordinance needs to provide for the effective date consistent with the effective date of the companion GMP amendment petition. The Comprehensive Planning Consistency Review Memo has been included as Attachment E. Transportation Element: The Transportation Division evaluation and staff review section is a separate document and included as Attachment F. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 0.11 acres of native vegetation. A minimum of 0.03 acres (25%) of native vegetation is required to be preserved. MUDZ-PL20190000697; One Naples MPUD Page 6 of 24 Revised: September 24, 2020 STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County staff will also evaluate the project’s stormwater management system, calculations, and design criteria at the time of site development plan (SDP) and if needed, platting (PPL). Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The property was cleared in 1962 and consists of developed and vacant parcels. The Master Concept Plan illustrates the minimum PUD preserve requirement will be addressed offsite in accordance with LDC 3.05.07.H.1.f. The required preserve is 0.03 acres (25% of 0.11 acres). No listed animal or plant species were observed on the property. The applicant has proposed to remove existing docking facilities and construct a new multi-slip docking facility. The property is located adjacent to Vanderbilt Lagoon, a man-altered waterbody. In accordance with LDC section 5.05.02, all proposed multi-slip docking facilities with ten or more slips are required to be reviewed for consistency with the Manatee Protection Plan (MPP). The MPP has been adopted by the Board of County Commissioners and approved by the Florida Department of Environmental Protection (DEP) in 1995. The MPP has been established to provide protection for manatees by limiting slip counts in sensitive marine habitat and improving manatee awareness. The marina citing criteria establishes three rankings for proposed multi-slip docking facilities: “Preferred,” “Moderate,” and “Protected.” The rankings are determined based on an analysis of the water depth, impact to native marine habitat and manatee use. The ranking outcome establishes the maximum slip count allowed for a proposed multi-slip docking facility. The ranking will be determined with the submittal of a Manatee Awareness and Protection Plan Consistency Determination at the time of site development review. Transportation Review: Transportation staff finds this petition consistent with the GMP with the proposed Transportation Planning Staff condition of approval and therefore recommends approval of the One Naples PUDZ PL20190000697, and further recommends that the Collier County Planning Commission (CCPC) forward the petition to the Board of County Commissioners (BCC) with a recommendation of approval with the following condition of approval: Transportation Planning condition of approval: Developer commitment 2.B.i. shall include a right-turn lane for northbound Gulf Shore Drive. This condition is in addition to the Developer Commitment for design and installation of a traffic signal at the intersection of Gul f Shore Drive and Vanderbilt Beach Road. Therefore, it expands the Developer Commitment to a traffic signal and northbound right-turn lane. Commitment 2.B.i can be found at the bottom of page 9 in the proposed PUD ordinance. MUDZ-PL20190000697; One Naples MPUD Page 7 of 24 Revised: September 24, 2020 Landscape Review: The applicant is requesting one deviation pertaining to landscape requirements. See deviation discussion below. The landscape buffers labeled on the Master Plan (Exhibit C-1) of the PUD Ordinance are consistent with the LDC except for the SW corner of the property where the applicant is seeking a deviation. Within the buffers labeled on the Master Plan, the applicant is proposing enhanced planting above and beyond the requirements of the LDC. These plantings are shown in Exhibit G. The Master Plan does not show a buffer on the northern boundary, adjacent to Vanderbilt Lagoon, because the Development Standards (Exhibit B) include a zero-foot setback adjacent to the waterfront. This is consistent with LDC Section 4.02.05, Specific Design Standards for Waterfront Lots, which allow development to be placed at the water’s edge in order to enhance the character of waterfront development. At time of Site Development Plan submittal, staff will require a Type B Buffer along the waterfront yard in areas that are not developed to the waterfront. The right turn lane onto Gulfshore Drive from Vanderbilt Beach Road required as a condition of approval from transportation staff will require compensating right-of-way. Therefore, a condition of approval is recommended to update the Master Plan, Exhibit G, to reflect the additi onal compensating right-of-way and its impacts on the required landscape buffer. School District: One Naples (PUDZ-PL20190000697) At this time, there is existing or planned capacity within the next 5 years for the proposed development at the elementary, middle, and high school levels. At the time of site plan or plat, the development project would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the project is located within or adjacent concurrency service areas. Utilities Review: The project lies within the regional potable water service area and the north wastewater service area of the Collier County Water-Sewer District (CCWSD. Water and wastewater services are readily available via connections to existing infrastructure on-site and within adjacent rights-of-way. Sufficient water and wastewater treatment capacities are available. The developer has committed to routing wastewater generated by the project to the gravity sewer on Vanderbilt Beach Road, approximately 400 feet southeast of the project, rather than utilizing the existing collection system that routes flow from Vanderbilt Beach Center to the northwest via the existing gravity sewer on Gulf Shore Drive. The project will necessitate modifications to the existing collection system, and the developer has committed to completing those improvements without interrupting service to existing customers. Furthermore, the developer has agreed that no vertical construction will be permitted within MU Tract 1 before permanent replacement easements are provided pursuant to commitments made for the companion application to vacate (VAC-PL20200000368). Adequate downstream wastewater system capacity must be confirmed at the time of development permit (SDP or PPL) review through a thorough engineering analysis, which will be discussed at a mandatory pre-submittal conference with representatives from the Public Utilities Engineering and Project Management Division and the Growth Management Development Review Division. Any improvements to the Collier County Water-Sewer District’s wastewater collection/transmission system necessary to provide sufficient capacity to serve the MUDZ-PL20190000697; One Naples MPUD Page 8 of 24 Revised: September 24, 2020 project will be the responsibility of the owner/developer and will be conveyed to the Collier County Water-Sewer District at no cost to the County at the time of utilities acceptance. Zoning Review: Zoning Division staff has evaluated the proposed uses related to their intensity and scale. The proposed development standards for the project were reviewed. The Zoning Division also evaluated the location and orientation of the existing uses related to the request for PUD rezone. For evaluation and comparison, the Zoning staff has provided examples of permitted uses, conditional uses, and development standards for the existing C-3 Commercial Intermediate zoning district from Section 4.02 of the Land Development Code (LDC). Current Zoning is C-3 Commercial Intermediate: Intent of the district is to provide a wider variety of goods and services for areas expected to receive a higher degree of auto traffic. The variety of good and services provides an opportunity for comparison shopping. The district is intended for planned shopping centers as well. Permitted Uses in C-3: General commercial uses, such as retail merchandise, healthcare offices, banks, religious and other comparable uses. Hotels are not listed as permitted or conditional uses in the C-3 zone district. Conditional Uses in C-3: Auto dealers, drinking places, grocery stores, hospitals, movie theaters, mixed-use commercial and residential and comparable uses determined by the Board of Zoning Appeals. Development standards for C-3 (maximum and minimum): Minimum Lot Area—10,000 square feet, meets the standard Minimum Lot Width—75 feet, meets the standard Maximum Building Coverage—None Maximum Building Height commercial—50 feet Minimum Distance Between Buildings—None Minimum Floor Area (first floor)—700 square feet, Floor to Area Ratio—None Maximum Building Height commercial and residential-mixed-use—±76 feet (FEMA first floor 12 feet NAVD), including 10 feet for mechanical equipment or peak roof. Maximum Number of Stories—2 stories, (4-stories if two levels of parking) Maximum Dwelling Units Per Acre—16 units Minimum Front Yard—50% of building height not less than 25 feet Minimum Side Yard—50 % of building height not less than 15 feet, minimum waterfront 25 feet, marina setback is 0.0 feet Minimum Rear Yard—50% of building height not less than 15 feet, minimum waterfront 25 feet, marina setback is 0.0 feet MUDZ-PL20190000697; One Naples MPUD Page 9 of 24 Revised: September 24, 2020 Maximum Commercial Square Footage (both parcels)—approximately 164,000 square feet, maximum building envelope, including proposed right-of-way vacation as detailed: A building envelope map is included as attachment G. North Parcel = building envelope is ±37,507 square feet. 37,507 sf commercial building 2-stories over a parking level with ±185 off-street spaces. South Parcel = building envelope is ±126,179 square feet. 126,179 sf commercial building 2-stories over a parking level with ±645 off-street spaces. (Note: Maximum commercial area is illustrative only. Several variables can affect the maximum square footage for C-3 uses, including stormwater, drainage, and utilities). Proposed PUD Rezone / Proposed Development Standards: The project site area is 5.42 acres. The applicant has requested to increase density at the project site from 16 DU/A to 31.7 DU/A. The proposed PUD is split into two parcels. The north parcel fronts on the Vanderbilt Lagoon and South Bay Drive. The south parcel fronts Vanderbilt Beach Road and Gulf Shore Drive. The south parcel includes a pending right-of-way vacation for Gulf Shore Court, the Gulf Shore Court alleyway, and part of Center Street. The One Naples project as proposed, seeks to exceed the current C-3 Zone District standards from Section 4.02.01 of the LDC. MU Tracts 3 and 4 (North Parcel on Vanderbilt Lagoon): The applicant proposes two buildings that appear as a single structure with a length of ±525 feet. The proposed height is zoned at 55 feet and the actual height is 87 feet. The buildings are proposed at 87 feet actual height and are five stories over a parking level. Rooftop pool amenities are proposed. The adjacent building Vanderbilt Palms is two-stories over a parking level. The abutting building Barfoot Pelican is four-stories over a parking level. The setback for both existing buildings, Barefoot Pelican and Vanderbilt Palms, is 25 feet. The proposed MU Tract 3 and 4 buildings are setback 10 feet. The buildings as proposed would be setback 15 feet (closer to the street) than the existing C-3 zoning district would require. MU Tract 2 (South Parcel intersection Southbay-Vanderbilt): The applicant proposes an additional single mid-rise building on Tract 2 with a length of ±260 feet. The proposed height is zoned at 55 feet and the actual height is 77 feet. The building is proposed at 77 feet (not 87 feet) and is five stories over a parking level; 10 feet less than the Tracts 3 and 4 buildings. A rooftop pool amenity is proposed. The adjacent building Sotheby’s Premier Real Estate is one-story over a parking level. The adjacent building Daruma restaurant is a single- story commercial building surrounded by surface parking. The building as proposed would be higher than the C-3 zoning district would allow from Section 4.02.01 of the LDC. The proposed MU Tract 2 building is setback 10 feet from Center Street. The proposed MU Tract 2 building setback along Vanderbilt Beach Road is 15 feet. MUDZ-PL20190000697; One Naples MPUD Page 10 of 24 Revised: September 24, 2020 MU Tract 1 (South Parcel intersection Vanderbilt Beach Road-Gulf Shore Drive): The applicant proposes two residential or hotel tower buildings above a 2-story parking structure at grade. There is a circular entry drive at the building entrance. There is a relocated roadway that connects Southbay to Vanderbilt Beach Road at the east side of the tower buildings. Tower 1 and Tower 2 occupy the area between Southbay, Gulfshore Drive, and Vanderbilt Beach Road. For each tower, the proposed height is zoned at 182 feet and the actual height is 208 feet. The towers are proposed at 14-stories over two-stories of a parking structure. The pool and amenity area are above the 2-story parking structure. The proposed MU Tract 1 building setback along Vanderbilt Beach Road is 15 feet and Gulf Shore Drive and; the building setback is 10 feet along Southbay. The current C-3 district setback along Vanderbilt Beach Road, Southbay and Gulf Shore Drive is 25 feet. The proposed parking structure for the tower 1 and tower 2 buildings fronts along Vanderbilt, Gulf Shore, and South Bay. The proposed parking structure wall is 15 feet from the sidewalk along Vanderbilt Beach Road and Gulf Shore Drive. The proposed parking structure wall is 10 feet from the sidewalk along South Bay Drive. The height of the proposed parking structure is 35 feet at the setback line. Summary Findings MU Tract 1 (South Parcel intersection Vanderbilt Beach Road-Gulf Shore Drive): As defined by Section 163.3164(9), FS [from the Florida Community Planning Act] “Compatibility” means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. The adjacent and abutting buildings include: North—the Lighthouse Inn hotel, 2-stories, 25-feet height; Turtle Club Condominium Resort 9256 Gulfshore 5-stories, 60 feet height; East—Vanderbilt Palms condominiums, two-stories over ground level parking, 40-feet, Daruma single-story, 25-feet; South—Collier County parking garage 3-stories, 40-feet height; West—Beachmoor Condominium 12-stories, ±125-feet, Phoenician Sands 6-stories, 75-feet; The height of the proposed tower buildings at 208-feet actual height are not directly compatible with the adjacent neighboring buildings. The current allowable maximum height in the C-3 zone district is ±76 feet. The Planning Commission may wish to request the applicant to reduce the height of the proposed MU Tract 1 buildings to the C-3 zoning Section 4.02.01 LDC standards. Residents from the surrounding neighborhoods have requested a reduction of building heights as well. At a reduced height, the buildings may be more compatible in height to the Barefoot Pelican, Vanderbilt Palms, Phoenician condominiums, Beachmoor condominiums, the Turtle Club condominiums and surrounding buildings in the Vanderbilt Beach neighborhood. The proposed 15-foot setback along Vanderbilt Beach Road and Gulf Shore Drive for the MU Tract 1 building and the proposed 10-foot setback along Southbay Drive for the MU Tract 1 building are not directly compatible with the 25-foot setback required in the C-3 zone district, MUDZ-PL20190000697; One Naples MPUD Page 11 of 24 Revised: September 24, 2020 Section 4.02.01 of the LDC. The Planning Commission may wish to request the applicant to increase the setback for MU Tract 1 buildings to 25 feet for all three street frontages: Vanderbilt Beach Road, Gulf Shore Drive, and Southbay. Residents from the surrounding neighborhoods have requested an increase in building setbacks as well. With a 25-foot setback, the proposed building would be more compatible with the C-3 zone district and with the adjacent buildings like the Beach Store, the Beach Box, Sotheby’s and surrounding buildings in the Vanderbilt Beach neighborhood. Alternatively, the Planning Commission may wish to consider reduced setbacks at the intersection of Vanderbilt Beach and Gulf Shore Drive if the applicant chooses to activate the street and proposes pedestrian commercial and retail uses. Importantly, the proposed tower 1 and 2 buildings and parking structure as proposed remove long standing pedestrian commercial uses from the intersection of Vanderbilt Beach Road and Gulf Shore Drive. The Beach Box dates to 2014, but prior to that there was Island Drug, Palm Beach Café, Dipper Del Ice Cream, and Will-A-the-Wisp beach clothing and sundries. Additionally, the Beach Store will be removed and not replaced. The Vanderbilt Beach access area is a high pedestrian traffic area and residents and business owners may benefit from street level commercial uses at the prominent intersection. If there were street level commercial spaces, the proposed tower 1 and 2 and the parking structure building may be more compatible with the existing conditions at the intersection of Vanderbilt Beach Road and Gulf Shore Drive. For illustrative purposes. An example of a design that is more pedestrian oriented for street level commercial uses would be a parking structure building with liner retail buildings similar to that shown in Photo 3. As proposed, there is an additional amount of landscape buffer material at the parking structure wall, which will screen the parking structure wall at the pedestrian level. The parking structure wall will be visible above the tree line and above the hedge row. The street interaction for MU Tract 1 will be very similar to Photo 1 and Photo 2., which shows the heavy landscape buffer at the Collier County parking garage. The tower 1 and 2 scale and massing are not directly compatible with the adjacent buildings. The current allowable maximum height in the C-3 zone district is ±76 feet and buildings in the surrounding Vanderbilt Beach neighborhood are between ±25 feet and ±125 feet. Residents from the surrounding neighborhoods have requested a reduction of the buildings scale and massing. The Planning Commission may wish to request the applicant to consider reducing the massing of the proposed towers to make them more compatible with the existing neighborhood. Alternatively, the Planning Commission may wish to consider increased building height at the intersection of Vanderbilt Beach and Gulf Shore Drive if the applicant chooses to utilize step back architecture for the tower 1 and tower 2 buildings designing the buildings to be narrow on the upper floors. For illustrative purposes, one example, of step back or “wedding cake” style architecture is Photo 4. If the proposed tower 1 and tower 2 were more narrow at the upper floors, it may allow more light and air to flow for the neighborhood residents. MUDZ-PL20190000697; One Naples MPUD Page 12 of 24 Revised: September 24, 2020 As stated, the proposed buildings exceed the C-3 height and setback provisions. The Planning Commission may wish to consider requesting the applicant to amend the development standards, so they are compatible with the C-3 zone district provisions of LDC Section 4.02.01 or other development standards that may be appropriate. Summary Findings MU Tracts 3 and 4 (North Parcel on Vanderbilt Lagoon): The height of the proposed buildings at 87 feet is not directly compatible with the neighboring buildings. The proposed height exceeds the C-3 zone district provisions of Section 4.02.01 of the LDC. The Planning Commission may wish to request the applicant to reduce the height of the proposed MU Tract 3 and 4 buildings. Residents from the surrounding neighborhoods have requested a reduction of building heights as well. At a reduced height, the buildings may be more compatible in height to the Barefoot Pelican, Vanderbilt Palms and other surrounding buildings in the Vanderbilt Beach neighborhood. The proposed 10-foot setback for MU Tract 3 and 4 buildings is not directly compatible with the 25-foot setback for Vanderbilt Palms and the Barefoot Pelican buildings and exceeds the C-3 zone district provisions of Section 4.02.01 of the LDC. The MU Tract 3 and 4 buildings are 15 feet closer to South Bay Drive than other buildings on the street. The Planning Commission may wish to request the applicant to increase the setback for MU Tract 3 and 4 buildings to 25 feet. With a 25 feet setback, the proposed buildings may be more compatible with the adjacent and abutting buildings and other surrounding buildings in the Vanderbilt Beach neighborhood. The Tract 3 side setback is 10 feet since the perimeter setback is not applicable. The Tract 4 side setback at Barefoot Pelican is ½ the zoned building height. The zoned height is 55 feet which results in a 27.5-foot setback. The actual building height is 87 feet, which results in a 43.5-foot setback. Using the zoned height reduces the east setback and distance between Barefoot Pelican condominiums and the proposed Tract 4 building. The Planning Commission may wish to request the applicant to change the Barefoot Pelican east side setback for Tract 4 to ½ the actual height instead of ½ the zoned height. A larger setback may allow more light and air to flow. The surrounding residents have expressed a desire for more open space for proposed buildings. As stated, the proposed buildings exceed the C-3 height and setback provisions. The Planning Commission may wish to consider requesting the applicant to amend the development standards, so they are compatible with the C-3 zone district provisions of LDC Section 4.02.01 or other development standards that may be appropriate. Summary Findings MU Tract 2 (South Parcel intersection Southbay-Vanderbilt): The height of the proposed building for Tract 2 at 77 feet is not directly compatible with the surrounding buildings. The proposed height exceeds the C-3 zone district provisions of Section 4.02.01 of the LDC. The Planning Commission may wish to request the applicant to reduce the height of the proposed MU Tract 2 building. Residents from the surrounding neighborhoods have requested a reduction of building heights as well. At a reduced height, the buildings may be more compatible in height to the Barefoot Pelican, Vanderbilt Palms and other surrounding buildings in the Vanderbilt Beach neighborhood. MUDZ-PL20190000697; One Naples MPUD Page 13 of 24 Revised: September 24, 2020 The proposed 10-foot setback along Center Street for the MU Tract 2 building is not directly compatible with the ±25-foot setback for Sotheby’s, Daruma, and the Barefoot Pelican building. The proposed setback exceeds the C-3 zone district provisions of Section 4.02.01 of the LDC. The MU Tract 2 building is 15 feet closer to Center Street than the existing C-3 zoning district would require. The Planning Commission may wish to request the applicant to increase the setback of the proposed MU Tract 2 building. Residents from the surrounding neighborhoods have requested an increase of building setbacks as well. With a 25-foot setback, the proposed building may be more compatible with the adjacent, and surrounding buildings in the Vanderbilt Beach neighborhood. The proposed 15-foot setback along Vanderbilt Beach Road for the MU Tract 2 building is not directly compatible with the 25-foot setback for Sotheby’s, the Beach Box buildings, and the larger setback at the Beach Store. The proposed setback exceeds the C-3 zone district provisions of Section 4.02.01 of the LDC. The MU Tract 2 building is 10 feet closer to Vanderbilt Beach Road than the existing C-3 zoning district would require. The Planning Commission may wish to request the applicant to increase the setback of the proposed MU Tract 2 building. Residents from the surrounding neighborhoods have requested an increase of building setbacks as well. With a 25- foot setback, the proposed building may be more compatible with the adjacent, and surrounding buildings in the Vanderbilt Beach neighborhood. As stated, the proposed buildings exceed the C-3 height and setback provisions. The Planning Commission may wish to consider requesting the applicant to amend the development standards, so they are compatible with the C-3 zone district provisions of LDC Section 4.02.01 or other development standards that may be appropriate. Photo 1—MU Tract 1 Pedestrian MUDZ-PL20190000697; One Naples MPUD Page 14 of 24 Revised: September 24, 2020 Photo 2—MU Tract 1 Pedestrian Photo 3—Parking structure retail liner building, coffee house MUDZ-PL20190000697; One Naples MPUD Page 15 of 24 Revised: September 24, 2020 Photo 4—Rendering step back architecture MUDZ-PL20190000697; One Naples MPUD Page 16 of 24 Revised: September 24, 2020 There are 3 Deviations requested as part of the proposed project. Discussion is covered below. PUD FINDINGS: LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08”: (Zoning Division staff responses in non-bold). 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. Zoning Division staff has reviewed the proposed rezoning request and finds the uses for hotel, commercial, marina, and residential are compatible and suitable. The traffic suitability was reviewed by the Transportation Division in a separate memo. Drainage will be reviewed at the time of SDP. The Public Utilities Division states that the Vanderbilt Beach Center already receives potable water and wastewater services from the CCWSD, and there are adequate water and wastewater treatment capacities available to future development as proposed by this petition. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application were reviewed by the County Attorney’s Office and demonstrate unified control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Comprehensive Planning staff has reviewed the petition and analyzed it for consistency with goals, objectives, and policies of the GMP and they find it to be consistent, if the companion amendment application is approved. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The proposed development project eliminates long standing existing “street level” neighborhood commercial uses like the Beach Store and the Beach Box restaurant. The applicant has not proposed street level replacement uses at or near the intersection of Vanderbilt Beach Road and Gulf Shore Drive. Adding street level commercial uses at the intersection of Vanderbilt Beach Road and Gulf Shore Drive may be more compatible with the Vanderbilt Beach neighborhood. Additionally, the proposed development standards for MU Tracts 1 through 4 are not directly compatible with the C-3 zone district standards of Section 4.02.01 of the LDC. The proposed PUD Document buffering, and screening MUDZ-PL20190000697; One Naples MPUD Page 17 of 24 Revised: September 24, 2020 standards have been reviewed the landscape review staff and the deviations for the buffers are acceptable. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. There is no deviation from the required usable open space as submitted. However, the proposed open space for the project area is located mostly on roof top amenity facilities. Compliance with approved open space standards would be demonstrated at the time of SDP. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. Compliance with all other applicable concurrency management regulations is required, including but not limited to, plat plans or site development plans. The Public Utilities Division states that the CCWSD has sufficient treatment capacities for water and wastewater services to the project. Conveyance capacity must be confirmed at the time of development permit application. The Transportation Division states that the roadway infrastructure is sufficient to serve the proposed project as noted in the attached Transportation Staff Report memo. Additional operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. All the surrounding area has been developed at some point in the past. The area has adequate supporting infrastructure to accommodate this project, including readily available County water and wastewater mains within the adjacent rights-of-way. Adequate public facility requirements will be addressed when future development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. There are three deviations proposed for the requested PUD, which are detailed in the deviations section of the report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners…shall show that the Planning Commission has studied and considered the proposed change in relation to MUDZ-PL20190000697; One Naples MPUD Page 18 of 24 Revised: September 24, 2020 the following when applicable.” Zoning Division staff responses are in non-bold: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map (FLUM) and the elements of the GMP. Comprehensive Planning staff has determined the petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP, if the companion small scale amendment is approved. 2. The existing land use pattern. The existing land use pattern related to surrounding properties is described in the Surrounding Land Use and Zoning section of this report. The proposed uses will not change the existing land use patterns in the area. However, the proposed project will intensify the residential land use pattern at the intersection of Vanderbilt Beach Road and Gulf Shore Drive. A portion of the proposed development is vacant. Additionally, some buildings along Southbay have been razed by the applicant. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is zoned C-3 Commercial Intermediate. The application request is to rezone to MPUD and there are existing PUD projects in the nearby area. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing district boundaries are logically drawn. The proposed MPUD boundaries are logical and appropriate in terms of PUD boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary. As stated in the Zoning Division review, the property could be developed under the C-3 zone district. The property owner does not wish to develop the property utilizing the current C-3 zoning provisions and has requested to rezone the property, as well as amend the Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed project is not likely to adversely influence living conditions in the neighborhood. 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. The Transportation Division states that the roadway infrastructure is sufficient to serve the proposed project as noted in the attached Staff Report memo. Additional operational MUDZ-PL20190000697; One Naples MPUD Page 19 of 24 Revised: September 24, 2020 impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 8. Whether the proposed change will create a drainage problem. It is not anticipated that the rezone request to MPUD will create drainage problems in the area. Stormwater best management practices, treatment, and storage for this project will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County environmental staff will evaluate the stormwater management system and design criteria at the time of SDP. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The project proposes construction of some buildings where none exist. The light and air to adjacent areas will be affected. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property value is affected by many factors. It is driven by market conditions and is generally a subjective determination. Zoning alone is not likely to adversely affect the property values. Generally, market conditions prevail. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the adjacent property is already developed as commercial or residential uses. The approval of the rezone request from C-3 to MPUD is not likely to deter development activity of surrounding property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed rezone to MPUD complies with the GMP (if companion amendment is approved) and is found consistent, then it is consistent with public policy and the change does not result in the granting of a special privilege. Consistency with the FLUE is determined to be consistent with public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning. The applicant has not provided any evidence that the property cannot be used in accordance with C-3 zoning. The applicant has stated that the rezoning is necessary to develop the property. MUDZ-PL20190000697; One Naples MPUD Page 20 of 24 Revised: September 24, 2020 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The Zoning Division staff finds that the proposed change exceeds the existing C-3 zone district and Section 4.02.01 LDC standards for maximum for height, setbacks, scale and massing. However, with Staff conditions of approval, it is not out of scale with the needs of the neighborhood or the County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The application was reviewed and found compliant with the GMP (if the companion amendment is approved) and the LDC. The Zoning Division staff does not review other sites related to a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The applicant has requested a street right-of-way vacation as part of their project application in a separate petition to the Board of County Commissioners. The vacation and subsequent removal and relocation of the street is a significant site alteration to make the property usable for the proposed project. If the project is approved, the final development standards would be applied during any future SDP application 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. The project must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. The concurrency review for APF is determined at the time of SDP review. This petition has been reviewed by Comprehensive Planning staff for consistency with the GMP, and they find it to be consistent, if the companion amendment application is approved. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. DEVIATION DISCUSSION: The petitioner is seeking three deviations from the requirements of the LDC. The petitioner’s rationale and staff analysis/recommendation are outlined below. Deviation #1 (Architectural Standards) MUDZ-PL20190000697; One Naples MPUD Page 21 of 24 Revised: September 24, 2020 “Deviation #1 requests relief form LDC 5.05.08.D.3.c.i., which requires that “Transitional massing elements can be no more than 100 percent taller than the average height of adjacent buildings, but no more than 30 feet, and no less than ten feet above the existing grade” to instead allow for the parking deck to be a maximum of 35 feet in height.” Petitioner’s Justification: Although the parking deck is +/- 30 feet in height measured from existing grade, consistent with this Code Section, elements required for safety, include railings and/or safety walls, add an additional 5’ of height above existing grade, necessitating the requested deviation. Staff Analysis and Recommendation: The deviation is reasonable and justifiable; In compliance with LDC section 10.02.13 A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety and welfare of the community” and LDC section 10.02.13 B.5.h., the petitioner as demonstrated that the deviation is “justified as meeting pub lic purposes to a degree at least equivalent to literal application of such regulations.” Zoning and Development Review staff recommends APPROVAL of this deviation. Deviation #2 (Parking Space Requirements) “Deviation #2 requests relief from LDC Section 4.05.04.G Table 17 Parking Space Requirements which allows small-scale recreation facilities that are accessory to a Multi-family project and intended only for the residents of that project, exclusive of “golf courses/clubhouses”, to be calculated at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of the normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities, to instead allow “golf courses/clubhouses” to be included in the applicable parking reductions allowed for Multi-family projects.” Petitioner’s Justification: The projects conceptual amenity area is 22,000 square feet (in total). Per LDC Section 4.05.04.G Table 17 Parking Space Requirements, this would require 110 parking spaces. Use of the amenities is limited to residents and their guests. Under the multi-family parking requirements, the LDC requires that all units “shall have 1 [parking space] per unit plus visitor parking computed at 0.5 per efficiency unit, 0.75 per 1-bedroom unit, and 1 per 2-bedroom or larger unit. This calculation requires more than adequate guest parking to serve the project. Given the unique project design, the proximity of the amenity facilities to the units they serve, and the fact that the majority of parking for unit owners and guests is multi-level structured parking, it is obvious residents and their guests will not drive to these facilities and therefore parking beyond that required in the LDC for multi-family development is not necessary. As required by code, there will be limited parking to serve these facilities for pick or drop of individuals or loading/unloading as may be necessary. Staff Analysis and Recommendation: The deviation is reasonable and justifiable; staff sees no detrimental effect with this deviation. The residents and guests are not likely to drive to the amenity. In compliance with LDC section 10.02.13 A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety and welfare of the community” and LDC section 10.02.13 B.5.h., the petitioner as demonstrated that the deviation MUDZ-PL20190000697; One Naples MPUD Page 22 of 24 Revised: September 24, 2020 is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” The Zoning and Development Review staff recommends APPROVAL of this deviation. Deviation #3 (Buffer Type) “Deviation #3 requests relief from LDC Section 4.06.02.C.4., which states that the minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way, thus requiring a 10 foot wide Type “D” perimeter buffer adjacent to Gulf Shore Drive and a 15 foot wide Type “D” perimeter buffer adjacent to Vanderbilt Beach Road, to instead allow for the buffer along Gulf Shore Drive and Vanderbilt Beach Road to terminate 36’ from the Vanderbilt Beach Road / Gulf Shore Drive property corner as depicted on Sheet 2 of the Master Concept Plan. This deviation allows for public placemaking elements to include a water feature, expanded public sidewalk with a public art centerpiece and public seating, and green wall as depicted on Sheet 7 of 7 of Exhibit G. The green wall planting system will be attached to the exterior of the garage structure. This system may consist of a variety of plants that will grow vertically upward on a lattice / trellis like structure or may utilize a living wall system. The green wall will be a minimum of 10 feet in height. The types of plants at installation are anticipated to be Trachelospermum jasminoides (Confederate jasmine) with 7’ tall runners supplemented with Mandevilla with 5’ tall runners, or comparable species depending upon availability. A minimum of 20 of these vines will be planted. The number of Living Wall plants will be determined at time of design and will be suitable for sun and salt exposure. A detailed green wall plan shall be submitted at time of SDP application.” Petitioner’s Justification: This area experiences very high levels of pedestrians and bicycle traffic. The treatment of this corner, providing an enhanced pedestrian level experience, was discussed at the neighborhood information meeting. The treatment of the corner with the “placemaking” elements identified in this deviation and graphically depicted on Exhibit G, sheet 7 of 7, goes well beyond the provision of a 10 or 15-foot-wide perimeter landscape buffer, in terms of public benefit. The area within which the deviation applies is limited to a dimension of 36 feet in either direction from the center point of the corner (see below). We will still provide the required number of trees and overall, the plantings provided in the buffers along Gulfshore Drive and Vanderbilt Beach Road exceed LDC planting requirements (See Exhibit “G” Sheets 2 of 7 and 3 of 7 for details). The “placemaking” treatment of this corner will be a significant public benefit and approval of the deviation request is warranted. Staff Analysis and Recommendation: Per LDC 4.06.01.A.2, buffers are intended to, among other things, screen and buffer harsher visual aspects of urban development, reduce noise, and enhance community identity. The water feature will help mitigate some of the noise from within the development and, along with the green wall, will provide an opaque screen to visually buffer the parking deck behind it. Staff believes that the placemaking features to be included in this area will help enhance community identity. In compliance with LDC section 10.02.13 A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety MUDZ-PL20190000697; One Naples MPUD Page 23 of 24 Revised: September 24, 2020 and welfare of the community” and LDC section 10.02.13 B.5.h., the petitioner as demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Therefore, Zoning Division and Development Review staff recommends APPROVAL of this deviation with the following conditions: 1. Revisions to the Master Concept Plan and Exhibit G, Perimeter Buffers, are required to reflect the compensating right-of-way for the turn lane and its impact on the required landscape buffer. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on March 3, 2020, 5:30 PM, at Saint John the Evangelist Catholic Church, The Ballroom 625 111th Avenue North Naples, FL34108. For further information, please see the NIM Summary information in the back-up material. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2 -1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office reviewed this staff report for content and legal sufficiency on September 23, 2020 RECOMMENDATION: Zoning Division staff recommends the CCPC forward a recommendation of approval to the BCC for petition number PL20190000697 One Naples MPUD subject to approval of the GMPA PL20190000696 and Right-of-Way Vacation PL20200000368, and subject to the following development standards and; subject to Conditions 1 through 5: Maximum building height for all Tracts is 76 feet zoned, except that Tract 1 can be increased to ±125 feet zoned height if step back architecture is used for the upper floors of buildings. Minimum Building setbacks for all Tracts is 25 feet, except that minimum building setbacks for Tract 1 can be reduced to 15 feet if street level pedestrian commercial uses are within a building at the intersection of Vanderbilt Beach Road and Gulfshore Drive. 1. For the PUD Deviation Section and Site Plan with Deviations process. The language appears to be redundant because the LDC allows it. It appears that the applicant is creating a hybrid process for administrative deviations that apply to new structures by utilizing the DR process, which was created for redevelopment of old commercial areas. The Site Plan with Deviations language should be removed from the PUD document. MUDZ-PL20190000697; One Naples MPUD Page 24 of 24 Revised: September 24, 2020 2. Developer commitment 2.B.i. shall include a right-turn lane for northbound Gulf Shore Drive. (Commitment 2.B.i can be found at the bottom of page 9 in the proposed PUD ordinance). 3. Update and revise the Master Concept Plan and Exhibit G, Perimeter Buffers, to reflect the compensating right-of-way for the turn lane and its impact on the required landscape buffer. 4. A Type B Buffer is required along the northern waterfront boundary, adjacent to Vanderbilt Lagoon, for areas not developed with buildings or structures. This will be reviewed and required at time of Site Development Plan. 5. If Deviation #3 is used, the placemaking elements are required. Attachments: A) Proposed One Naples MPUD Ordinance B) Proposed Master Plan One Naples C) Density Map Vanderbilt Beach Area D) Unit Count Map Vanderbilt Beach Area E) FLUE Consistency Memo One Naples F) Transportation Staff Memo G) Building Envelope Map C-3 zone H) Back up material