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HEX Agenda 10/24/2024COLLIER COUNTY Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 October 24, 2024 1:00 PM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Ailyn.Padron@CollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing 3.A. MT29844 Page 1 of 320 ** This item was continued from the 9/26/2024 HEX Meeting to the 10/10/2024 HEX Meeting and further continued to the 10/24/2024 HEX Meeting** Petition No. PDI- PL20240007161 – Vanderbilt Commons – Vanderbilt Way and Buckstone Drive - Request for an insubstantial change to Ordinance No. 2019-34, the Vanderbilt Commons Planned Unit Development (PUD), to amend Section 5.17.C so that the section no longer applies to Lots 5 and 6. The Vanderbilt Commons PUD was originally established as the Carolina Village PUD under Ordinance No. 2005-19, as amended. The PUD name was changed to the Vanderbilt Commons PUD by Ordinance No. 2017-47, as amended. The ±2.51- acre subject property is within the ±14.49-acre PUD and located in the northwest quadrant of the intersection of Vanderbilt Way and Buckstone Drive in Section 34, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: Eric Ortman, Planner III] (Commissioner District 3) (2024-1284) 3.B. MT29788 ** This item was continued from the 9/26/2024 HEX Meeting to the 10/10/2024 HEX Meeting and further continued to the 10/24/2024 HEX Meeting** Petition No. PDI- PL20240004116 – Naples Preserve Villas, LLC - Santa Barbara Boulevard, approximately one-half mile north of Rattlesnake-Hammock Road - Requests an insubstantial change to the Onyx RPUD, Ordinance 16-24 for (1), the modification to Exhibit B Table 1 – Residential Development Standards to add internal development standards for a platted townhouse development; and (2) a deviation from LDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. The subject 8.72 +/- acre parcel is located on the east side of Santa Barbara Boulevard, approximately one-half mile north of Rattlesnake- Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Timothy Finn, Planner III] (Commissioner District 1) (2024-1283) 3.C. ** This item has been continued from the 10/10/2024 HEX Meeting ** Petition No. SV- PL20240005230 – 3747 Tamiami Trail East - Request for a sign variance from the Land Development Code Section 5.06.04.F.4.a. which requires “On Premises Wall Signs” to have a maximum allowable display area for wall signs that shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for the subject unit up to 24,999 square feet in area, to instead allow one fascia sign that will be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 4. (2024-1183) 3.D. Petition No. VA-PL20240006022 – 230 Seabreeze Avenue – Request for a variance from LDC 4.02.01.A Table 2.1 to allow a reduction in the front yard setback from 30 feet to 22.8 feet for the proposed construction of a new residential structure to replace the existing residential structure on a ±0.3-acre property located at 230 Seabreeze Avenue in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 (2024-1613) 3.E. ** This item has been continued to the November 14, 2024, HEX Meeting ** Petition No. NUA - PL20240009263 - Benton Road and Lamb Lane - Request for a non-conforming use alteration pursuant to LDC Section 9.03.03.B to allow the replacement of a non-conforming manufactured home which was damaged beyond repair in the 2023 31st Street fire. The subject property is ±5 acres and located at 2650 Lamb Lane, approximately 350 feet north of the Page 2 of 320 intersection of Benton Road and Lamb Lane, in Section 24, Township 49 South, Range 27 East, Collier County, Florida [Sean Sammon, Planner III] Commissioner District 5 (2024-1287) 4. New Business 5. Old Business 6. Public Comments 7. Adjourn Page 3 of 320 10/24/2024 Item # 3.A ID# 2024-1284 MT29844 ** This item was continued from the 9/26/2024 HEX Meeting to the 10/10/2024 HEX Meeting and further continued to the 10/24/2024 HEX Meeting** Petition No. PDI-PL20240007161 – Vanderbilt Commons – Vanderbilt Way and Buckstone Drive - Request for an insubstantial change to Ordinance No. 2019-34, the Vanderbilt Commons Planned Unit Development (PUD), to amend Section 5.17.C so that the section no longer applies to Lots 5 and 6. The Vanderbilt Commons PUD was originally established as the Carolina Village PUD under Ordinance No. 2005-19, as amended. The PUD name was changed to the Vanderbilt Commons PUD by Ordinance No. 2017-47, as amended. The ±2.51-acre subject property is within the ±14.49-acre PUD and located in the northwest quadrant of the intersection of Vanderbilt Way and Buckstone Drive in Section 34, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: Eric Ortman, Planner III] (Commissioner District 3) ATTACHMENTS: 1. Staff Report Vanderbilt Commons 2. Attachment 1 - Proposed PUD Text Changes 3. Attachment 2 - Excerpts from Ord. 19-34 and SDP-PL20190001947 4. Attachment 3 - Applicant Backup 5. Attachment 4 Legal Ad Sign Posting Page 4 of 320 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: SEPTEMBER 26, 2024 SUBJECT: PDI-PL20240007161, VANDERBILT COMMONS RPUD APPLICANT/AGENT: Owner: Agent: Vanderbilt 951 Apartments, LLC Patrick Vanasse 7742 Alico Road The Neighborhood Company Fort Myers, FL. 33912 5618 Whispering Willow Way Fort Myers, FL. 33908 REQUESTED ACTION: The petitioner requests an insubstantial change (PDI) to Ordinance No. 2019-34 for the Vanderbilt Commons Planned Unit Development (PUD) to amend Section 5.17.C so that the section no longer applies to Lots 5 and 6 (Attachment 1). GEOGRAPHIC LOCATION: The subject parcel ±2.7-acre parcel is part of the ±15-acre PUD, which is in the northwest quadrant of the intersection of Vanderbilt Way and Buckstone Drive, approximately 1,200 feet west of Collier Boulevard. The property is in Section 34 Township 48 South, Range 26 East, in unincorporated Collier County. (See location map on page 2). PURPOSE/DESCRIPTION OF PROJECT: The Vanderbilt Commons PUD was originally established as the Carolina Village PUD under Ord. 05-19. No amendments were made to the PUD until Ord. 17-47, when, among other items, the PUD name was changed to Vanderbilt Commons. A Site Development Plan (SDP-PL20190001947) for 48 multi-family units on Lots 5 and 6 of the PUD was initially submitted on December 4, 2019, and approved on December 6, 2023. The site plan did not include garages for the ground floor units as required by Ord. 19 -34. At the time the SDP was submitted, the property was owned by Vanderbilt Way Apartments, LLC. The property was purchased by the current owner, Vanderbilt 951 Apartments, LLC, on July 14, 2021. Vanderbilt 951 Apartments, LLC constructed the 48 multi-family units pursuant to SDP-PL20190003366; the ground-floor units were constructed without garages. The Final Site Acceptance Letter was issued by the Collier County Development Review on December 6, 2023; a Certificate of Occupancy was issued on February 2, 2024 (Attachment 2). The applicant wishes to remove the commitment that first floor units must Page 5 of 320 PDI-PL20240007161, Vanderbilt Commons PUD Page 2 of 5 have garages for just Lots 5 and 6. This will bring the PUD document to match what has already been approved and constructed. LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties near the portion of the PUD affected by the request. North: Wolf Creek PUD (residential) East: Buckstone Dr., then Mission Hills PUD (commercial) South: Vanderbilt Beach Road, then Estates zoning (residential) West: Wolf Creek PUD (residential) Page 6 of 320 PDI-PL20240007161, Vanderbilt Commons PUD Page 3 of 5 STAFF ANALYSIS: LDC Sections 10.02.13.E.1 and 10.02.13.E.2 set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: LDC Section 10.02.13.E.1: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units, intensity of land use, or height of buildings within the development? No, there is no proposed increase in the number of dwelling units, intensity of land use, or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development greater than 5% of the total acreage previously designated as such, or five acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? No, there is no proposed increase to the size of areas used for non-residential uses and no relocation of non-residential areas. e. Is there a substantial increase in the impacts of the development, which may include, but are not limited to increases in traffic generation, changes in traffic circulation, or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No additional traffic will be generated from this amendment. g. Will the change result in a requirement for increased stormwater retention or otherwise increase stormwater discharge? No, the proposed change is to the ordinance text and will not include any physical changes to the subject property. Page 7 of 320 PDI-PL20240007161, Vanderbilt Commons PUD Page 4 of 5 h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No, the proposed change is to the ordinance text and will not include any physical changes to the subject property; therefore, there will be no impacts to abutting landowners. i. Are there any modifications to the PUD Master Plan or PUD Document or amendments to a PUD ordinance, which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined that Ord. 05-19, the ordinance which approved the PUD was consistent with the FLUE of the GMP. There will be no change in the density or intensity of development and no change in the list of permitted uses. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. §380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or This question is not applicable as the development does not rise to the level of a regional impact. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. No, there is no change to the master plan; there is only a textual change to the PUD document to reflect actions that have already been approved and constructed. LDC Section 10.02.13.E.2: Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 The petition is modifying the requirement for garages to be built for first floor units to reflect what has previously been approved and built. As such, it is an insubstantial change and successfully meets the criteria of LDC 10.02.13 E.1. DEVIATION DISCUSSION: The petitioner is not seeking any deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): A NIM was held at 5:30 p.m. on August 27, 2024, at the Greater Naples Fire Station #73, located at 14575 Collier Boulevard. No members of the public attended in person or via Zoom. Page 8 of 320 PDI-PL20240007161, Vanderbilt Commons PUD Page 5 of 5 RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20240007161. Attachments: 1. Proposed Text Changes to Section 5.17.C of Ord. 19-34 2. SDP (PL-20190001947), Excerpts from Ord. 19—34, Vanderbilt 951 Apt. Deed 3. Applicant Backup Materials 4. Legal Ad and Sign Posting Page 9 of 320 Attachment 1 Proposed Text Changes to Ord. No. 2019—34 Page 10 of 320 Section 5.17 – Miscellaneous * * * * * * * * * * * * * C. In residential-only buildings, except on Lots 5 and 6, garages shall be provided for ground-floor units. Page 11 of 320 Attachment 2 Site Development Plan (PL20190001947) (SDP does not include any garages.) Excerpts from Ord. 19-34 and Deed, Vanderbilt 951 Apartments, LLC Page 12 of 320 Section 5.17 – Miscellaneous * * * * * * * * * * * * * C. In residential-only buildings, except on Lots 5 and 6, garages shall be provided for ground-floor units. Page 13 of 320 ORDINANCE NO. 19 - 34 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2005-19, AS AMENDED, THE VANDERBILT COMMONS PLANNED UNIT DEVELOPMENT; BY REMOVING THE REQUIREMENT THAT RESIDENTIAL DWELLING UNITS BE LOCATED IN MIXED- USE BUILDINGS WITH COMMERCIAL ON THE FIRST FLOOR AND ALLOWING STAND-ALONE RESIDENTIAL BUILDINGS; BY REDUCING THE DENSITY TO 53 DWELLING UNITS; BY REVISING THE MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 14.49+/- ACRES, IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 1/4 MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20180003366] WHEREAS, on April 26, 2005, the Board of County Commissioners approved Ordinance No. 2005-19, which established the Carolina Village Planned Unit Development (PUD); and WHEREAS, on December 12, 2017, the Board of County Commissioners approved Ordinance No. 17-47, which changed the name of the PUD to Vanderbilt Commons PUD among other changes; and WHEREAS, Lindsay F. Robin, MPA of Waldrop Engineering, P.A. and Jeffrey Wright of Henderson, Franklin, Starnes and Holt, P.A. representing Vanderbilt Way Apartments, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2005-19, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to the PUD Document attached as Exhibit A to Ordinance Number 2005-19, as amended, now known as Vanderbilt Commons Planned Unit Development. The PUD Document attached as Exhibit A to Ordinance Number 2005-19, as amended, now known as Vanderbilt Commons Planned Unit Development, is hereby amended and replaced with the PUD Document attached hereto as Exhibit A. 19-CPS-01878/1497474/I] 104 Page 1 of 2 Vanderbilt Commons/PUDA-PL20180003366 9/12/19 Page 14 of 320 5.15 LIGHTING Lighting provided at the rear of any building and structure adjacent to the Black Bear Ridge Subdivision, for development on lots 5 and 6, (as shown on the Vanderbilt Commons Subdivision Plat,recorded in Plat Book 60,Page 31 of the Public Records of Collier County)shall be in the form of shielded structure mounted sconces.These shielded structures shall be placed no higher than 10- feet measured from finished floor of the building or structure. The areas identified shall be free of pole lighting". 5.16 ADDITIONAL SCREENING Owner(s) shall construct a 6-foot wall at the rear of lots 5 and 6; abutting the Black Bear Ridge Subdivision (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County). No wall will be located along Tract C,the Preserve Area. MZ MISCELLANEOUS A. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B, In residential-only buildings, dwelling units shall be rented for no less than 12-month periods. C— In residential-only buildings,garages shall be provided for ground-floor units. l2 In residential-only buildings, only two and three bedroom units shall be permitted. Two-bedroom units shall be a minimum of 800 square feet, and three-bedroom units shall be a minimum of 1,200 square feet. In residential-only buildings, no exterior balconies are permitted. E. In residential-only buildings, ground-floor patios will be located on the south side of the building Cz If all residential is built on Lots 5&6, the remaining unbuilt commercial square footage of the Vanderbilt Commons MPUD would not be used beyond that which is permitted as of the effective date hereof, and shall not exceed 175,000 square feet. All other state or federal permits must be obtained before commencement of the development. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 23 of 23 Page 15 of 320 December 06, 2023 Atwell Group 28100 Bonita Grande DR #305 Bonita Springs, FL 34135 Re:Final Site Acceptance Letter Project Number: PL20190001947 Project Name: Vanderbilt Way Apartments (SDP) Dear Applicant: Development Review Staff has reviewed the final certifications and record drawings for this project;conducted an onsite inspection on 11/29/2023;and determined your project’s final acceptance as it is in substantial conformance with approved plans, permits, and specifications. As the Engineer of Record,you are obligated to familiarize the owner with the operation of the infrastructure components of the site.The owner is responsible for site maintenance. If you should have any questions or if we may be of assistance,please advise us at 239- 252-2417. Sincerely, Development Review Division Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 Page 16 of 320 Page 17 of 320 Page 18 of 320 TRACT A - VANDERBILT WAY R.O.W / A.E. / P.U.E. / D.E. / C.U.E. RPUD WOLF CREEK (PRESERVE) TRACT C (PRESERVE AREA, C.E.) LOT #6LOT #5 TRACT B (WATER MANAGEMENT) LOT #4 LOT #1 LOT #2 LOT #3 LIFT STATION LOCATION VANDERBILT BEACH ROAD (RIGHT-OF-WAY)PRISTINE DRIVE (RIGHT-OF-WAY)BUCKSTONE DRIVE (RIGHT-OF-WAY)PUD MISSION HILLS TRACT 1 (COMMERCIAL) PUD MISSION HILLS TRACT 5 (COMMERCIAL) RPUD WOLF CREEK (RESIDENTIAL) RPUD WOLF CREEK (RESIDENTIAL) 20' TYPE D LANDSCAPE BUFFER 20' TYPE D LANDSCAPEBUFFER10' TYPE D LANDSCAPE BUFFER 20' TYPE D LANDSCAPE BUFFER10' TYPE D LANDSCAPE BUFFER 10' TYPE A LANDSCAPE BUFFER 10' TYPE A LANDSCAPE BUFFER 10' TYPE D LANDSCAPE BUFFER 10' TYPE D LANDSCAPE BUFFER 20' TYPE D LANDSCAPE BUFFER20' TYPE D LANDSCAPE BUFFER6 FOOT HIGH WALL 10' TYPE A LANDSCAPE BUFFER 4 FOOT HIGH WALL 4 FOOT HIGH WALL20' TYPE D LANDSCAPE BUFFERB:\Projects\949-001 (Studio+) Vanderbilt Way Apartments - Planning\Drawings-Exhibits\949-001-01 MCP\Current Plans\9490010101.dwgDEVIATIONS DEVIATION FROM LAND DEVELOPMENT CODE (LDC) SECTION 5.06.04.G TO ALLOW ONE DOUBLE-FACED OFF-PREMISES SIGN WITH A MAXIMUM OF 8 FEET IN HEIGHT AND 32 SQUARE FEET IN AREA, LOCATED IN THE ROAD RIGHT-OF-WAY (LABELED PRISTINE DRIVE ON EXHIBIT "A"). THE SIGN WILL BE LIMITED TO NO MORE THAN 3 RESIDENTIAL DEVELOPMENTS WITHIN THE ABUTTING WOLF CREEK PUD. THE PROPOSED SIGN MUST MEET ALL VEHICULAR SAFETY SIGHT DISTANCES STANDARDS FOR COLLIER COUNTY AND HAVE A MINIMUM 10-FOOT SETBACK FROM VANDERBILT BEACH ROAD RIGHT-OF-WAY. THE PROPOSED SIGN MUST BE EXTERNALLY ILLUMINATED ONLY. ONCE PRISTINE DRIVE IS ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS AS A PUBLIC ROAD, ANY STRUCTURAL CHANGES TO THE SIGN SHALL REQUIRE A RIGHT-OF-WAY PERMIT. THE SIGNAGE SHALL BE PERPETUALLY MAINTAINED BY THE THE HOMEOWNERS ASSOCIATIONS OF THE DEVELOPMENTS NAMED ON THE SIGN. THE COUNTY AT THE TIME AFTER THE ROAD BECOMES PUBLIC MAY REQUIRE THE SIGN TO BE RELOCATED FOR ROAD EXPANSION OR TO ADDRESS CAPACITY OR SAFETY ISSUES. DEVIATION FROM LAND DEVELOPMENT CODE (LDC) SECTION 5.03.02 H.1.b, WHICH REQUIRES A WALL IF LOCATED ON A PROPERTY OPPOSITE A RESIDENTIALLY ZONED DISTRICT BUT FRONTING ON A LOCAL STREET OR ROADWAY, OR THE PROPERTIES ARE SEPARATED BY A PLATTED ALLEY, THEN HEIGHT SHALL BE 4 FEET AND PLACEMENT SHALL BE A MINIMUM OF 3 FEET FROM THE REAR OF THE RIGHT-OF-WAY LANDSCAPE BUFFER LINE, TO INSTEAD REMOVE THE REQUIREMENT TO PLACE A WALL ALONG VANDERBILT BEACH ROAD. DEVIATION FROM LDC SECTION 4.06.05.C. “BUILDING FOUNDATION PLANTING REQUIREMENTS”, WHICH REQUIRES BUILDING FOUNDATION PLANTING BEDS FOR BUILDING FOOTPRINTS OVER 10,000 SQUARE FEET TO BE A MINIMUM WIDTH OF 10-FEET, TO ALLOW THE MINIMUM WIDTH OF THE PLANTING BEDS TO BE 8-FEET. THE APPLICANT WILL PROVIDE AN ADDITIONAL FIVE (5) SOLITAIRE PALMS PLANTED WITH 10-FOOT CLEAR TRUNK TO SUPPLEMENT THE AREA OF FOUNDATION PLANTINGS AND NUMBER OF TREES REQUIRED BY LDC SECTION 4.06.05.C. THIS DEVIATION SHALL ONLY APPLY TO LOTS 5 AND 6 OF THE MPUD. 1 2 MPUD SUMMARY THE VANDERBILT COMMONS MIXED USE PUD IS A PROJECT COMPRISED OF 14.49 ACRES DESIGNATED FOR COMMERCIAL AND RESIDENTIAL LAND USES AND THE COMMERCIAL USES ARE LIMITED TO A MAXIMUM OF 200,000 SQUARE FEET OF GROSS LEASABLE AREA AND THE RESIDENTIAL LAND USES ARE LIMITED TO A MAXIMUM OF 58 DWELLING UNITS. ALL RESIDENTIAL DWELLING UNITS SHALL BE LOCATED IN MIXED-USE BUILDINGS WITH COMMERCIAL USES SITUATED ON AT LEAST THE FIRST FLOOR. COMMERCIAL AND RESIDENTIAL LAND USES AND SIGNAGE ARE DESIGNED TO BE HARMONIOUS WITH ONE ANOTHER IN A NATURAL SETTING BY USING COMMON ARCHITECTURE, QUALITY SCREENING/ BUFFERING AND NATIVE VEGETATION. ACCESS TO ALL PARCELS, WITHIN THE VANDERBILT COMMONS SUBDIVISION PLAT, RECORDED IN PLAT BOOK 60, PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, OR AS AMENDED, SHALL BE FROM VANDERBILT WAY. MPUD LAND USE SUMMARY USE WATER MANAGEMENT (TRACT B) PRESERVE AREA (TRACT C) LANDSCAPE BUFFERS UTILITY EASEMENT/ VANDERBILT WAY R.O.W. DEVELOPABLE AREA (LOTS 1-6) TOTAL SITE AREA ACRES +/- 1.28 AC +/- 0.18 AC +/- 1.44 AC +/- 1.71 AC +/- 9.88 AC +/- 14.49 AC SET NUMBER: SHEET :1 949-001-01PLAN REVISIONSFLORIDA CERTIFICATE OF AUTHORIZATION #8636WALDROPENGINEERINGLAND DEVELOPMENT CONSULTANTS28100 BONITA GRANDE DRIVE - SUITE 305 BONITA SPRINGS, FL 34135VANDERBILT COMMONSMPUDCLIENT: VANDERBILT WAY APARTMENTS, LLCPUD MASTER PLANREVISED PER COUNTY COMMENTS06/14/19213 1 2 2 3 3 0 SCALE IN FEET 100 200 400REVISED PER COUNTY COMMENTS04/17/19Page 19 of 320 REF.REF.A B C UP REF.REF.REF.REF.REF.REF.REF.REF.REF.AREA AAREA BAREA AAREA B39'-3 1/2" 9'-8 3/8" 12'-11 5/8" 21'-9 3/8" 12'-11 5/8"20'-11 3/8" 12'-11 5/8" 21'-9 3/8" 12'-11 5/8" 20'-11 3/8" 12'-11 5/8" 21'-9 3/8" 12'-11 5/8" 9'-8 3/8" 39'-3 3/8" 283'-0 1/8"27'-7"9'-9 3/4"8'-2 1/2"9'-9 3/4"27'-6"82'-11"3 BED UNIT 102 ADA 2 BED UNIT 104 2 BED UNIT 106 2 BED UNIT 108 2 BED UNIT 110 2 BED UNIT 112 ADA 2 BED UNIT 114 2 BED UNIT 116 ADA 3 BED UNIT 115ADA 2 BED UNIT 113 2 BED UNIT 111 2 BED UNIT 109 2 BED UNIT 107 2 BED UNIT 105 ADA 2 BED UNIT 103 3 BED UNIT 101 CORRIDOR 1000 ELEC. #1 1002 STAIR #1 S-1-1 ELEVATOR E-1 STAIR #2 S-2-1 TRASH CHUTE 1001 A-201-SDP3 A-201-SDP 1 A-201-SDP 2 BUILDING SQUARE FOOTAGE - PER FBC CALC METHOD SQUARE FOOTAGEDESCRIPTION 1ST FLOOR SUPPORT AREAS RESIDENTIAL UNITS COVERED ENTRIES ELEVATOR / STAIRS 2,349 SF 17,175 SF 123 SF 433 SF 1ST FLOOR TOTAL 2ND FLOOR SUPPORT AREAS RESIDENTIAL UNITS 3RD FLOOR SUPPORT AREAS RESIDENTIAL UNITS 2ND FLOOR TOTAL 3RD FLOOR TOTAL TOTAL AREA UNDER ROOF AREA, BUILDING . THE AREA INCLUDED WITHIN SURROUNDING EXTERIOR WALLS (OR EXTERIOR WALLS AND FIRE WALLS) EXCLUSIVE OF VENT SHAFTS AND COURTS. AREAS OF THE BUILDING NOT PROVIDED WITH SURROUNDING WALLS SHALL BE INCLUDED IN THE BUILDING AREA IF SUCH AREAS ARE INCLUDED WITHIN THE HORIZONTAL PROJECTION OF THE ROOF OR FLOOR ABOVE. 20,080 SF 2,254 SF 17,319 SF 20,006 SF 2,254 SF 17,319 SF 20,006 SF 60,092 SF CALIFORNIA | FLORIDA ISSUED DATE: PROJECT NUMBER: 12271 TOWNE LAKE DRIVE, FT. MYERS, FL 33913 P: 239.357.4983 AA26002372 REVISIONS: PROJECT ADDRESS: SHEET TITLE: PROJECT TITLE: c Studio+ 2019 DATE: TRUE NORTH WALDROP ENGINEERING CIVIL/PLANNING/ LANDSCAPE 28100 BONITA GRANDE DR #305 BONITA SPRINGS, FL 34135 P:(239) 405-7777 LICENSE#: LC26000385 SELECT STRUCTURAL STRUCTURAL 12573 NEW BRITTANY BLVD FORT MYERS, FL 33907 P:(239) 244-1242 LICENSE#: CA 28357 BURGESS BRANT, CONSULTING ENGINEERS MPFE 12995 SOUTH CLEVELAND AVENUE SUITE 229 FORT MYERS, FL 33907 P:(239) 274-0020 LICENSE#: 6032 BA KEY PLAN ARCHITECT OF RECORD: CARLOS ARTURO MARCET, AIA, ACHA, LEED AP AR0009477 05.08.2020 A-101-SDP FIRST FLOOR OVERALL PLAN RCAM HOLDINGS LLC VANDERBILT WAY APARTMENT BUILDING FL 18050 05.08.2020 7245 & 7265 VANDERBILT WAY F/K/A CAROLINA WAY COLLIER COUNTY NAPLES, FL 34119 GENERAL NOTES 1 ALL DOCUMENTS AND DRAWINGS INCLUDED HEREWITH ARE INTENDED TO BE IN CONFORMANCE WITH ALL APPLICABLE CODES AND BUILDING REGULATIONS HAVING JURISDICTION OVER THIS TYPE OF FACILITY AND OCCUPANCY. IF A CONFLICT BETWEEN SUCH REQUIREMENTS OCCUR, THE MOST STRINGENT WILL GOVERN. 2 GENERAL CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY AND DOCUMENT ALL EXISTING FIELD CONDITIONS. ANY DEVIATIONS FROM THE EXISTING CONDITION DRAWINGS WILL BE ADDRESSED IMMEDIATELY WITH THE ARCHITECT. 3 PRIOR TO COMMENCING ANY WORK THE GENERAL CONTRACTOR IS RESPONSIBLE TO VERIFY THE LOCATION OF ALL UTILITY POINTS OF CONNECTION. 4 ALL SMOKE AND FIRE RATED WALLS WILL BE LABELED ABOVE THE CEILING FINISH WITH RED, PAINTED STENCILED LETTERING IDENTIFYING THE WALL RATING AND STATING "PROTECT ALL PENETRATIONS." STENCILED LABELING WILL OCCUR ON BOTH SIDES OF EACH SMOKE AND FIRE RATED WALL AT NOT MORE THAN 20 FEET ON CENTER AND ALL WALL TERMINATIONS OR CHANGES IN DIRECTION WILL BE DESIGNATED WITH A VERTICAL LINE. 5 SHOP DRAWINGS AND / OR SUBMITTALS FOR PRODUCTS, MATERIALS, ASSEMBLIES, AND SYSTEMS SPECIFIED IN THE CONTRACT DOCUMENTS WILL BE SUBMITTED BY THE GENERAL CONTRACTOR TO THE ARCHITECT PRIOR TO FABRICATION IN ORDER TO VERIFY GENERAL CONFORMANCE WITH THE CONTRACT DOCUMENTS. SHOP DRAWINGS AND SUBMITTALS MUST BEAR A REVIEW STAMP FROM THE GENERAL CONTRACTOR PRIOR TO BEING SUBMITTED TO THE ARCHITECT. SHOP DRAWING REVIEW WILL NOT RELIEVE ANY PARTY FROM MAINTAINING COMPLIANCE WITH THE CONTRACT DOCUMENTS. 6 DETAILS MARKED AS 'TYP' OR 'TYPICAL' WILL APPLY IN ALL CASES UNLESS OTHERWISE NOTED. 7 ALL DIMENSIONS ARE TAKEN FROM GRID LINES OR FINISHED FACE OF WALL / PARTITION UNLESS OTHERWISE NOTED. 8 WALL FINISHES SHALL MEET CLASS C REQUIREMENTS WHEN TESTED IN ACCORDANCE WITH ASTM E84. PER FFPMC NFPA 101; SECTION 38.3.3.2. 10 CONSTRUCTOR SHALL COMPLY WITH FBC CHAPTER 33 SAFE GUARDS DURING CONSTRUCTION. 3/32" = 1'-0" 1FIRST FLOOR OVERALL PLAN BUILDING INFORMATION STRAP SECTION 34, TOWNSHIP 48S, RANGE 26E - COLLIER COUNTY, NAPLES, FLORIDA STRAP NUMBER 683220 53834 WIND ZONE 160 MPH PLANNING ZONE CPUD FLOOD ZONE X FINISH FLOOR ELEVATION 16.50 NAVD CONSTRUCTION TYPE TYPE IIB (FBC), TYPE II (000) FPPC AUTOMATIC SPRINKLERS YES NUMBER OF STORIES 3-STORIES GROSS AREA REFER TO BUILDING AREA CALCULATIONS OCCUPANCY TYPE/USE (FBC CH 3) RESIDENTIAL: R-2 SCOPE OF WORK - TOTAL GROSS AREA REFER TO SCOPE AND CODE ANALYSIS SHEET FOR SCOPE OF WORK PROPOSED FUNCTION OF SPACE (FBC TABLE 1004.1.2) RESIDENTIAL (200 GROSS) NO DESCRIPTION DATE Page 20 of 320 Page 21 of 320 Page 22 of 320 Page 1 of 2 5618 Whispering Willow Way, Fort Myers, FL 33908 | 239.398.2016 www.theneighborhood.company June 7, 2024 Mr. Ray Bellows Collier County Growth Management Community Development Department Zoning Division 2800 North Horseshoe Drive Naples, FL 34104 Subject: Vanderbilt Commons PDI Planned Unit Development Insubstantial Change (PDI) PL20240009135 Submittal 1 Dear Mr. Bellows: The Neighborhood Company is pleased to submit, on behalf of our client, this Planned Unit Development Insubstantial Change (PDI) Application for the Vanderbilt Commons PUD located at the intersection of Vanderbilt Beach Road and Collier Boulevard. The following items are included pursuant to the application checklist: 1. Completed PDI Application 2. Pre-Application meeting waiver email from Michael Bosi 3. Project Narrative 4. Current Master Plan (see Current PUD Ordinance 2019-34) 5. Vanderbilt Commons PUD document with strikethrough and underline changes 6. Current PUD Ordinance 2019-34, as amended 7. Warrantee Deed 8. Legal Description (see Warrantee Deed) 9. Vanderbilt Commons Subdivision Plat 10. Affidavit of Authorization 11. Completed Addressing Checklist 12. Property Ownership Disclosure Form 13. Location Map We look forward to your review and are available to answer questions related to this application. Sincerely, The Neighborhood Company Patrick Vanasse, AICP Page 23 of 320 Page 2 of 2 5618 Whispering Willow Way, Fort Myers, FL 33908 | 239.398.2016 www.theneighborhood.company Attachments: Application Submittal Requirements (listed above) cc: David Torres Alex Licata Page 24 of 320 Insubstantial Change to PUD (PDI) 4/12/24 Page 1 of 4 Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercountyfl.gov APPLICANT CONTACT INFORMATION DETAIL OF REQUEST Pursuant to LDC subsection 10.02.13, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.2 and shall require the review and approval of the Hearing Examiner or Planning Commission. The approval shall be based on the findings and criteria used for the original application. Name of Property Owner(s): Name of Applicant if different than owner: Address: City: State: ZIP: Telephone: Cell: E-Mail Address: Name of Agent: Firm: Address: City: State: ZIP: Telephone: Cell: E-Mail Address: On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E. INSUBSTANTIAL CHANGE to PUD (PDI) LDC Section 10.02.13 Chapter 3.E of the Administrative Code Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Page 25 of 320 Insubstantial Change to PUD (PDI) 4/12/24 Page 2 of 4 PUD NAME: ORDINANCE NUMBER: FOLIO NUMBER(S): Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Yes No Yes No Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? If no, please explain: Has a public hearing been held on this property within the last year? If yes, in whose name? Has any portion of the PUD been SOLD and/or DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes No If yes, please describe on an attached separate sheet. Page 26 of 320 Insubstantial Change to PUD (PDI) 4/12/24 Page 3 of 4 SUBMITTAL REQUIREMENTS The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre-Application Meeting notes Project Narrative, including a detailed description of proposed changes and why amendment is necessary Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy Revised Text and any exhibits PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance # Warranty Deed Legal Description of area of amendment Boundary survey, no older than 6 months, if boundary of original PUD is amended If PUD is platted, include plat book pages Affidavit of Authorization, signed & notarized Completed Addressing Checklist , no older than 6 months Property Ownership Disclosure Form Copy of 8 ½ in. x 11 in. graphic location map of site Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: •Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. •Please contact the project manager to confirm the number of additional copies required. Page 27 of 320 Page 28 of 320 From:Michael Bosi To:Rachel Hansen; Ray Bellows Subject:RE: Vanderbilt Commons PUD - PDI pre-app waiver Date:Tuesday, May 14, 2024 8:28:48 AM Attachments:image002.png CountyLogo-FullColor_948165c4-9665-41b4-9162-fbb16abff557.png Facebook_0522f546-5e75-4698-95f9-f15590a3defe.png Instagram_a8da4774-4b5b-4ad1-8d23-20e69b3b605d.png X-Twitter_8d678efc-bd14-44ce-97cf-7fbab1003b00.png Youtube_0078f7f1-7789-4afd-a015-50689fe1f99b.png 311IconforSignature_87c558eb-83f5-449b-87c1-3cc5ac8b0859.png Rachel, Please utilize this e-mail to substitute for the required pre-app meeting. The proposed PDI application can be submitted without the pre-app. Sincerely, Mike Mike Bosi, AICP Director of Zoning 239-252-1061 – office 239-877-0705- cell Michael Bosi AICP Division Director - Planning & Zoning Zoning Office:239-252-1061 Mobile:239-877-0705 2800 North Horseshoe drive Naples, Florida 34104 Michael.Bosi@colliercountyfl.gov From: Rachel Hansen <rh@theneighborhood.company> Sent: Tuesday, May 14, 2024 8:26 AM To: Ray Bellows <Ray.Bellows@colliercountyfl.gov> Cc: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Subject: Vanderbilt Commons PUD - PDI pre-app waiver EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Ray, I’m working on a PDI for Vanderbilt Commons PUD and we would like to request a pre-app waiver. Based on Laurie Beard’s email below, the PDI application was a directive from Mike in order to remove the commitment to provide garages for residential-only ground floor units. Thank you and hope you’re doing well! -LAND PLANNING + DESIGN- RACHEL HANSEN, AICP Land Use Planner 614-306-0678 www.theneighborhood.company Page 29 of 320 From: Laurie Beard <Laurie.Beard@colliercountyfl.gov> Sent: Thursday, May 9, 2024 9:51 AM To: David E. Torres <David@Torrescompanies.com> Cc: Michael Bosi <Michael.Bosi@colliercountyfl.gov>; Lisa Blacklidge <Lisa.Blacklidge@colliercountyfl.gov> Subject: Vanderbilt Commons PUD Good morning and Happy Thursday! I was out doing site inspections the other week and stopped by the new apartment building in the Vanderbilt Commons PUD. (Bellavista At Vanderbilt Way). We have a slight problem with the building. The site development plan, PL20120001947, showed garages on the first two plan reviews. In revision three, the garages were taken out and additional units were added. Unfortunately, no one caught this change that is actually a PUD Ordinance requirement. (There was no mention of this change in the letter accompanying the revision.) In Section 5.17, item C of Ordinance 19-43, it states: In residential-only buildings, garages shall be provided for ground-floor units. (Shall is the key word here.) So, now the PUD is out of compliance. I have spoken with Mike Bosi, the Division Director of Zoning, and he has stated that in order to correct this situation you will need to apply for a PDI to remove this commitment. Please let me know when you will be applying for the PDI. Thank you. Laurie Beard Project Manager II PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie.Beard@CollierCountyFL.gov Phone: (239)-252-5782 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 30 of 320 Vanderbilt Commons PDI Page 1 of 3 Submittal #1 06/07/2024 5618 Whispering Willow Way, Fort Myers, FL 33908 | 239.398.2016 www.theneighborhood.company VANDERBILT COMMONS MPUD Planned Unit Development Insubstantial Change (PDI) PROJECT NARRATIVE & EVALUATION CRITERIA BACKGROUND & REQUEST The Vanderbilt Commons Lots 5 and 6 property comprises ±2.51 acres of the Vanderbilt Commons Mixed Use Planned Unit Development (MPUD). It is located at the northwest corner of Vanderbilt Way and Buckstone Drive, approximately one-quarter mile west of the intersection of Collier Boulevard and Vanderbilt Beach Road in unincorporated Collier County, Florida. The property’s future land use designation is Urban Mixed Use District, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict and it is zoned Vanderbilt Commons MPUD (Ordinance 2005-19, as amended). The MPUD currently allows a maximum of 53 residential dwelling units and 200,000 square feet of gross leasable area of commercial uses. To date, 48 residential units and 164,406 SF of commercial have been developed. During the approval of PUD amendment PL20180003366 (Ord. 2019-34) which permitted residential-only development on Lots 5 and 6, multiple conditions were placed on residential-only development. Included in these conditions was developer commitment 5.17.C, which requires that garages be provided for ground- floor residential units. Site Development Plan (SDP) PL20190003366 was approved in 2020 for Lots 5 and 6 with 48 multi-family units (known then as Vanderbilt Way Apartments under previous ownership) but did not include garages for the ground-floor units as required by Ord. 2019-34. The applicant, Vanderbilt 951 Apartments, LCC, purchased the property subsequent to SDP approval and constructed the Bellavista at Vanderbilt Way Apartments pursuant to SDP 20190003366, as amended, without garages for ground-floor units. A Final Site Acceptance letter was issued by Collier County Development Review on December 6, 2023 and a Certificate of Occupancy was issued on February 2, 2024. To be compliant with Ord. 2019-34 and as directed by Collier County staff, the applicant is requesting an insubstantial change to the Vanderbilt Commons MPUD to amend condition 5.17.C so that it does not apply to Lots 5 and 6. The proposed request has no impact on the approved Master Plan and is compliant with the insubstantial change criteria per LDC Section 10.03.13 E. COMPLIANCE WITH LDC SECTION 10.02.13 E a. A proposed change in the boundary of the PUD; This request does not include a change in the boundary of the PUD. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; This request does not increase the residential density or commercial intensity of the PUD. The 48 multi-family units that were built pursuant to SDP 20190001947 is below the maximum 53 units permitted by the PUD. Page 31 of 320 Vanderbilt Commons PDI Page 2 of 3 Submittal #1 06/07/2024 5618 Whispering Willow Way, Fort Myers, FL 33908 | PHONE NUMBER www.theneighborhood.company c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; There is no proposed change in preservation, conservation, recreation, or open space areas within the PUD. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; There is no proposed change in the size of areas used for nonresidential uses. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; This request will not change the impact of the development, which was already constructed pursuant to an approved SDP. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; This request does not propose a change in land use activities and will not generate a higher level of vehicular traffic. The 48 multi-family units that have already been constructed will generate a lower number of trips than the 53 units permitted by the PUD. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; This request will not require increased stormwater retention and will not cause increased stormwater discharge. The Bellavista at Vanderbilt Way apartments met all stormwater permitting requirements as part of the Collier County permitting process. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The removal of the requirement for garages for ground floor units in Lots 5 and 6 does not change the residential land use of the existing apartment complex and therefore does not create incompatibility between land uses. Compatibility with surrounding uses was addressed at the time of the PUDA to allow residential-only development. Additionally, planning best practices suggest that multi-family housing represents an ideal transition from the single-family development north of the subject property to the commercial development within the MPUD. Page 32 of 320 Vanderbilt Commons PDI Page 3 of 3 Submittal #1 06/07/2024 5618 Whispering Willow Way, Fort Myers, FL 33908 | PHONE NUMBER www.theneighborhood.company i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; This request is consistent with the Growth Management Plan. The Future Land Use Element does not regulate design standards for the Vanderbilt Commons MPUD and the change has no impact on permitted density. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; The Vanderbilt Commons MPUD is not within a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. The change is not considered a substantial modification to the PUD document and may be processed as an insubstantial change pursuant to LDC Section 10.02.13. Page 33 of 320 Project Name Page 1 of 1 Submittal #1 06/07/2024 5618 Whispering Willow Way, Fort Myers, FL 33908 | PHONE NUMBER www.theneighborhood.company VANDERBILT COMMONS MPUD Planned Unit Development Insubstantial Change (PDI) PROPOSED PUD TEXT CHANGES 5.17 MISCELLANEOUS A. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. In residential-only buildings, dwelling units shall be rented for no less than 12-month periods. C. In residential-only buildings, except on Lots 5 & 6, garages shall be provided for ground-floor units. D. In residential-only buildings, only two and three bedroom units shall be permitted. Two-bedroom units shall be a minimum of 800 square feet and three-bedroom units shall be a minimum of 1,200 square feet. E. In residential-only buildings, no exterior balconies are permitted. F. In residential-only buildings, ground-floor patios will be located on the south side of the building. G. If all residential is built on Lots 5 & 6, the remaining unbuilt commercial square footage of the Vanderbilt Commons MPUD would not be used beyond that which is permitted as of the effective date hereof, and shall not exceed 175,000 square feet. All other state or federal permits must be obtained before commencement of the development. Page 34 of 320 ORDINANCE NO. 19 - 34 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2005-19, AS AMENDED, THE VANDERBILT COMMONS PLANNED UNIT DEVELOPMENT; BY REMOVING THE REQUIREMENT THAT RESIDENTIAL DWELLING UNITS BE LOCATED IN MIXED- USE BUILDINGS WITH COMMERCIAL ON THE FIRST FLOOR AND ALLOWING STAND-ALONE RESIDENTIAL BUILDINGS; BY REDUCING THE DENSITY TO 53 DWELLING UNITS; BY REVISING THE MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 14.49+/- ACRES, IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 1/4 MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20180003366] WHEREAS, on April 26, 2005, the Board of County Commissioners approved Ordinance No. 2005-19, which established the Carolina Village Planned Unit Development (PUD); and WHEREAS, on December 12, 2017, the Board of County Commissioners approved Ordinance No. 17-47, which changed the name of the PUD to Vanderbilt Commons PUD among other changes; and WHEREAS, Lindsay F. Robin, MPA of Waldrop Engineering, P.A. and Jeffrey Wright of Henderson, Franklin, Starnes and Holt, P.A. representing Vanderbilt Way Apartments, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2005-19, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to the PUD Document attached as Exhibit A to Ordinance Number 2005-19, as amended, now known as Vanderbilt Commons Planned Unit Development. The PUD Document attached as Exhibit A to Ordinance Number 2005-19, as amended, now known as Vanderbilt Commons Planned Unit Development, is hereby amended and replaced with the PUD Document attached hereto as Exhibit A. 19-CPS-01878/1497474/I] 104 Page 1 of 2 Vanderbilt Commons/PUDA-PL20180003366 9/12/19 Page 35 of 320 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2019-33 becomes effective. PASSED AND DULY ADOPTED by1,per-majority vote of the Board of County Commissioners of Collier County, Florida,this Sfti` day of Q e )-.6 1>c ( 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIERlit, LORIDA AABy: i^ By: Attest as to Chairmat epu'y C er + W; iam L. McDaniel, Jr., C firman signature only. i1 Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—PUD Document(including Revised Master Plan) This ordinance filed with thta Sscr tory of Stote's Of fje tt l F doy of ( i b r ( . and acknowledgemerit,pf:-that fili.• re eived this - 11114doy of IR By 11 Dw C 19-CPS-01878/1497474/1] 104 Page 2 of 2 Vanderbilt Commons/PUDA-PL20180003366 9/12/19 Page 36 of 320 VANDERBILT COMMONS A MIXED USE PLANNED UNITDEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE VANDERBILT COMMONS MIXED USE PUD, A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE . PREPARED FOR: VANDERBILT WAY APARTMENTS, LLC 2950 TAMIAMI TRAIL NORTH NAPLES, FL 34103 GEORGE VUKOBRATOVICH AS SUCCESSOR TRUSTEE OF THE VANDERBILT COMMONS I LAND TRUST DATED 8/1/16 C/O WELSH COMPANIES FL INC. 29.50 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 MIDGARD SELF STORAGE NAPLES, LLC ROSWELL GA 30075 VANDERBILT COMMONS OWNER'S ASSOCIATION, INC. C/O WELSH COMPANIES FL, INC. 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 7205 VANDERBILT WAY, LLC PTA-CS#5406 PO BOX 320099 ALEXANDRIA, VA 22320 Lot 3 VANDERBILT COMMONS, LLC C/O WELSH COMPANIES FL INC. 2950 TAMIAMI TRAIL NORTH STE 200 NAPLES, FL 34103 PREPARED BY: FREDERICK E. HOOD, AICP DAVIDSON ENGINEERING 1365 RADIO ROAD,SUITE 201 NAPLES, FLORIDA34104 Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 1 of 23 Page 37 of 320 LINDSAY F. ROBIN, MPA WALDROP ENGINEERING, P.A. 28100 BONITA GRANDE DRIVE STE 305 BONITA SPRINGS, FL 34135 and R. BRUCE ANDERSON CHEFFY PASSIDOMO, P.A. 821 5TH AVENUE SOUTH NAPLES, FLORIDA 31102 JEFF WRIGHT HENDERSON, FRAKLIN, STARNES & HOLT, P.A. 8889 PELICAN BAY BLVD. NAPLES, FL 34108 DATE FILED August 9, 2004 DATE REVISED April 9, 2005, October 6, 2017, March X, 2019 DATE REVIEWED BY CCPC April 7,2005,October 5,2017. X DATE APPROVED BCC April 26, 2005, December 12, 2017 X ORDINANCE NUMBER 2005-19 AMENDMENTS AND REPEAL Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 St-Risk-through items have been deleted,Items Underlined have been added Page 2 of 23 Page 38 of 320 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE 4-5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 32 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 612 SECTION III MIXED USE AREA PLAN 912 SECTION IV PRESERVE AREA PLAN 4-712 SECTION V DEVELOPMENT COMMITMENTS 4-8-20 Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck-through items have been deleted,Items l lnderlined have been added Page 3 of 23 Page 39 of 320 LIST OF EXHIBITS AND TABLES EXHIBIT"A" PUD MASTER PLAN/UTILITIES/WATER MANAGEMENT PLAN EXHIBIT"B"CROSS SECTIONS FOR PUD MASTER PLAN EXHIBIT"C"VANDERBILT COMMONS LEGAL DESCRIPTION EXHIBIT"D"LOCATION MAP EXHIBIT"E" BOUNDARY SURVEY TABLE I DEVELOPMENT STANDARDS Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck items have been deleted,Items t lnderlined have been added Page 4 of 23 Page 40 of 320 STATEMENT OF COMPLIANCE The development of approximately 14.49 acres of property in Collier County, as a Mixed Use Planned Unit Development to be known as Vanderbilt Commons Mixed Use PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial and residential facilities of the Vanderbilt Commons Mixed Use PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the 14.49-Acre Expansion Area of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict land use designation, as identified on the Future Land Use Map-and as described in the Vanderbilt Beach/Collier Boulevard Commercial Sub-District of the Urban -Mixed Use District in the Future Land Use Element . The Future Land Use Element permits commercial and residential land uses in this area and this Mixed-Use PUD complies with both the commercial and residential development standards within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Expansion Area. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project is located within the 14.49-Acre Expansion Area of the, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, on the Future Land Use Map. The 55 53 proposed units ever- commercial uccs and resultant density of 3.65 4.03 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Maximum Permitted Density 16 dwelling units/acre Maximum permitted units, per the Density Rating System of the Collier County Growth Management Plan =} 14.49 acres x 16 dwelling units/acre = 231 as the maximum number of dwelling units at a maximum density of 15.94 dwelling units/acre . Maximum Approved dwelling units= 53_53. Requested density=4.03 3.65 dwelling units/acre. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck--through items have been deleted,Items Underlined have been added Page 5 of 23 Page 41 of 320 8. All final local development orders for this project are subject to Division 6.02, Adequate Public Facilities Requirements. of the Collier County Land Development Code. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck-through items have been deleted,Items Underlined have been added Page 6 of 23 Page 42 of 320 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Vanderbilt Commons Mixed Use PUD. 1.2 LEGAL DESCRIPTION The subject property being 14.49 acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described on Exhibit"C". 1.3 PROPERTY OWNERSHIP The subject property is owned by: Vanderbilt Apartments Common&, LLC 2950 Tamiami Trail North STE 200 Naples, FL 34103 George Vukobratovich, as Successor Trustee of the Vanderbilt Commons I Land Trust dated 8/1/16 c/o Welsh Companies FL, Inc. 2950 Tamiami Trail North, Suite 200 Naples, FL 34103 Midgard Self Storage Naples, LLG 1905 Woodstock Rd, Building #900, Suite 9100 Roswell, GA 30075 Vanderbilt Commons Owner's Association, Inc. c/o Welsh Companies FL, Inc. 2950 Tamiami Trail North, Suite 200 Naples, FL 34103 7205 Vanderbilt Way LLC PTA-CS#5406 PO Box 320099 Alexandria, VA 22320 Lot 3 Vanderbilt Commons LLC c/o Welsh Companies FL Inc. 2950 Tamiami Trail North STE 200 Naples, FL 34103 Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Str-usk-thfough items have been deleted,Items Underlined have been added Page 7 of 23 Page 43 of 320 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road approximately one- quarter mile west of Collier Boulevard (unincorporated Collier County), Florida. B. The zoning classification of the subject property prior to the date of this approved Mixed Use PUD Document was Rural Agricultural. 1.5 PHYSICAL DESCRIPTION The Project site is located within the Harvey Drainage Basin , according to the Collier County Drainage At las. The proposed outfall for the Project is to the Vanderbilt Canal. Natural ground elevation varies from 12.3 to 13.2 NGVO; average site elevation is about 12.6 NGVO. The entire site is located within FEMA Flood Zone " X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year . 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-sit e lake system prior to discharge south into the Vanderbilt Canal or discharge north into the Black Bear Ridge Subdivision water management system and eventual southerly discharge into the Vanderbilt Canal. The water management system will be permitted by the South Florida Water Management District SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevation s,water quality pre-treatment. and wetland hydrology maintenance. Per the Natural Resource Conservation Service Soils Mapping for Collier County dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand. Limestone Substratum. Site vegetation consists predominantly of improved pasture grasses, except a narrow strip of native vegetation along the north property line which is pine cypress- cabbage palm forest. 1.6 PROJECT DESCRIPTION The Vanderbilt Commons Mixed Use PUD is a project comprised of 14.49 acres designated for commercial and residential land uses and the commercial uses are limited to a maximum of 200,000 square feet of gross leasable area and the residential land uses are limited to a maximum of 54 53 dwelling units. -- -• - _ •- -_-- - ._ -. - _ - - _ _- commercial uses cituatod on at least the first floor. Commercial and residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering. and native vegetation, whenever feasible. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Strask-through items have been deleted,Items Underlined have been added Page 8 of 23 Page 44 of 320 1.7 SHORT TITLE This Ordinance shall be known and cited as the"Vanderbilt Commons Mixed Use Planned Unit Development Ordinance". Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 9 of 23 Page 45 of 320 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Vanderbilt Commons Mixed Use PUD shall be in accordance with the contents of this document, MPUD - Mixed Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Vanderbilt Commons Mixed Use PUD shall become part of the regulations, which govern the manner in which the MPUD site may be developed. D. Unless modified, waived or excepted by this MPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LANDUSES A. Commercial uses are limited to 14.49 acres with a maximum of 200,000 square feet of gross leasable area. Residential uses are limited to a maximum of 54 53 dwelling units atcd on the second and/or third floors of mixed use buildings, with commercial uses on at least the first floor. Vanderbilt Commons Mixed Use PUD is intended to create a pedestrian-friendly atmosphere that encourages area residents to work and shop there and on-site workers to walk to other services, such as having lunch within the project. The maximum of 5453 residential units will not exceed a density of 3.651.03 units/per Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck few items have been deleted,Items Underlined have been added Page 10 of 23 Page 46 of 320 acre . The project is shown as 2 tracts , a "North Tract" located north of Carolina Way (the east west roadway splitting the cite) and a "South Tract" located south of Carolina Way. The a few residential uses. The North Tract is expected to be more office and service oriented. Tho North Tract will likely have both-medical and professional offices and some residential uses . 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit"A", PUD Master Plan , constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 4.03 Subdivision Design and Layout of the Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable , shall apply to the development of all platted tracts, or parcels of land as provided in said Sect ion 10.02.03 prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 SALES/RENTAL/CONSTRUCTION FACILITIES Temporary sales/rental trailers and construction trailers can be placed on the site after Sit e Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 5.04.04 of the Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code. Section 10.02.13E. 2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 11 of 23 Page 47 of 320 SECTION III MIXED USE AREA PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Mixed-Use Areas as shown on Exhibit"A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Mixed Use Areas on the PUD Master Plan are intended to provide a variety of retail uses, and office uses, and residential uses,_w#ile providing for the opportunity of having residential uses on the second and/or third floor of mixed use buildings, that have commercial uses on at least the first fleet: Commercial Areas are limited to a maximum gross leasable area of 200,000 square feet and residential uses are limited to a maximum of 54 53 dwelling units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part. for other than the following: A. Permitted Commercial Principal Uses and Structures: 1.Amusement and Recreation Services SIC 7911, except dance halls and discotheques, 7922, 7991. 7999 only for bicycle rental, gymnastics instruction, judo instruction, karate instruction and yoga instruction;. 2.Apparel and Accessory Stores (SIC 5611- 5699 except thrift and or surplus stores). 3.Paint, Glass, and Wallpaper Stores (SIC 5231). 4.Business Services(SIC 7311, 7313, 7323, 7331 –7338, 7361, 7371 7379, 7384, 7389 only for service of interior decorating/design, mapmaking, notary public, paralegal service, and Postal Service contract stations). 5.Depository and Non-Depository Institutions (SIC 6021 -6091). 6.Eating Place (SIC 5812) and Drinking Places (SIC 5813 only cocktail lounges and on-premise consumption of beer, wine and liquor, in conjunction with a restaurant.) No freestanding food stands and or kiosks are permitted. Drinking Places are subject to the locational restrictions described in Section 5.05.01 of the Land Development Code. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Hugh items have been deleted,Items Underlined have been added Page 12 of 23 Page 48 of 320 a. Lots 5 & 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County), if developed with commercial, shall have the following limitations: i. No outdoor seating shall be permitted; ii. The hours of operation for any eating place shall be limited to 6 a.m. -4 p.m.; iii. Loading and deliveries shall be from the front entrance only; and iv. The consumption of alcohol is not permitted on these Lots. 7. Educational Services (SIC 8211 —8 2 2 2, 8243 - 8249, 8299)-. 8. Food Stores with 5,000 square feet or less of gross floor area in the principal structure (SIC 5411-5499). 9. General Merchandise Stores with 5,000 square feet or less of gross floor area in the principal structure (SIC 5311 and 5399 except variety stores: single-price point discount, surplus, overstock or liquidation outlets). 10. Hardware stores with 10,000 square feet or less of gross floor area in the principal structure (SIC 5251). 11. Health Services(SIC 8011 -8049,8082). 12. Home Furniture, Furnishings and Equipment Stores(SIC 5712 -5736). 13. Insurance Carriers,Agents, Brokers, and Services with 5,000 square feet or less of gross floor area in the principal structure (SIC 6311-6399, 6411). 14. Legal Services(SIC 8111). 1 5. Membership Organizations (SIC 8611, 8621,8661 only for offices related to religious organizations). 16. Miscellaneous Repair (SIC 7622, 7629, 7631, 7699 only bicycle repair, camera repair, locksmiths, luggage repair, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 17. Miscellaneous Retail (SIC 5912, 5921, 5932 antiques only, 5941 - 5949,5961, 5992, 5994-5999(except auction rooms, awning shops, fireworks, flea markets, gravestones, hot tubs, monuments, pawn shops, sales barns, swimming pools, tombstones and whirlpool baths). The sale of swimming pool accessories and supplies is allowable under SIC 5999 but not the sale of swimming pools. 18. Museums and Art Galleries(SIC 8 412). 19. Personal Services( SIC 7212 only dry-cleaning and laundry drop off and pickup stations, 7221 -7251, 7291, 7299(only car title and tag service, diet workshops, tuxedo rental, and tanning salon). Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Strask--through items have been deleted,Items Underlined have been added Page 13 of 23 Page 49 of 320 20. Professional Offices, Research, and Management Consulting Services (SIC 8711 - 8743, 8748). 21. Public Administration (SIC 9111 - 91 99, 9229, 9311, 9411 and 9431, 9511 9532, 961 1- 9661, 9221). 22. Real Estate Agents and Managers (SIC 6512, 6531- 6552). 2 3. Security and Commodity Dealers (SIC 6211 - 6289). 24. Social Services (SIC 8322 only adult day care services, counseling services, and senior citizens associations ,8351). 25. Travel Agencies (SIC 4724). 26. Any other use which is comparable and compatible in nature with the foregoing list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by the Board of Zoning Appeals (BZA). Prior to the approval of any uses, the applicant shall provide public notice in addition to an advertisement for the hearing which shall include a neighborhood information meeting, mailings and signage in the same manner as that required for substantial amendments to a Planned Unit Development. B. Permitted Residential Principal Uses and Structures: 1. Multi-Family dwellings. 2. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals BZA) . C. Accessory Commercial Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Caretaker's residences subject to Section 5.03.05 of the Collier County Land Development Code. D. Accessory Residential 1. Customary residential accessory uses and structures including carports, garages, and storage buildings. 2. Recreational. uses and facilities including swimming pools, hot tubs, volleyball courts, children's playground areas, tot lots,walking paths, picnic areas, clubhouse, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices,temporary sales trailers, and model unit s. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck-through items have been deleted,Items Underlined have been added Page 14 of 23 Page 50 of 320 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Carports are permitted within parking areas. 3.4 PROHIBITED USES 1. Auto stores (SIC 5531,tire dealers, and tire, battery, and accessory dealers- retail,and auto supply stores with service bays, lifts or other facilities for installing such automotive parts). 2. Gasoline service stations, and other facilities with fuel pumps (SIC 5541). 3. Fast food restaurants with drive-through lanes. 4. Any freestanding donation boxes/kiosks. 5. Outdoor amplified sound devices,televisions or live entertainment,with the exception for approved temporary use/event permits as outlined in LDC Section 5.04.01. 6. Adult entertainment and sexually oriented businesses 7. Lots 5&6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) shall not provide main public access entryways along the northern facades of any proposed building. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Vanderbilt Commons Mixed Use PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive,the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive,the setback is measured from the road easement or property line. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 was eugh items have been deleted,Items.lnrderlined have been added Page 15 of 23 Page 51 of 320 TABLE I MIXED USE DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the Vanderbilt Commons MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. COMMERCIAL USES RESIDENTIAL USES Minimum Lot Area 10,000 square feet 10,000 square feet Minimum Lot Width 75 feet(1) 75 feet(1) Front Yard Setback 20 feet 20 feet Side Yard Setback(2) 1-Story 6 feet 6 feet 2-Story 7.5 feet 7.5 feet 3-Story 10 feet 10 feet Rear Yard Setback Principal Structure 15 feet 15 feet Accessory Structure 10 feet 10 feet PUD Boundary Setback Principal Structure BH BH Accessory Structure 10 feet or buffer width 10 feet or buffer width Lake Setback(3) 20 feet or 0'feet 20 feet or 0'feet Preserve Area Setback Principal Structure 25 feet 25 feet Accessory Structures or Other Site Alterations 10 feet 10 feet Distance Between Structures Main/Principal 1-Story to 1-Story 12 feet 13.5 feet 1-Story to 2-Story 13.5 feet 15 feet 2-Story to 2-Story 15 feet 17.5 feet 2-Story to 3-Story 17.5 feet 20 feet 3-Story to 3-Story 20 feet 12 feet Accessory Structures Same as principal Same as principal structure structure Maximum Height 44) Retail Building 35 feet and 1-story N/A Office Building 42 feet and 3-stories N/A Accessory Building 35 feet 35 feet Residential& Mixed-Use 45 feet and 3-stories 45 feet and 3-stories Building{4). 700 square feet of 700 square feet per dwelling unit Minimum Floor Area principal structure on first habitable floor 1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struckrow items have been deleted,Items Underlined have been added Page 16 of 23 Page 52 of 320 2) Where fee simple lots are created for each building unit no side yard shall be required between interior units of a unified principal structure. and the side yard shall be measured from the exterior wall(s)of the unified principal structure. 3) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 20'to 0'where a stemwall bulkhead or pier is constructed and the requirements of Section 4.02.05 of the LDC are met. 1) Retail uses are limitod to tho first floor of any building recidontial usos are limited to the second and third floors of mixed use buildings (structuros with rot ail or office uses on tho first floor and office or residential uses on the second and third floors) Note'BH' refers to building height. B. Off-Street Parking and Loading Requirements: As required by Division 4.05 Off-Street Parking and Loading of the Land Development Code in effect at the time of building permit application. Off-site parking is permitted where a shared parking facility is located within 300 feet of the building requiring such parking . C. Buffering Requirements: 1.A minimum twenty(20)foot wide Type"D" Buffer shall be provided along Vanderbilt Beach Road, with the landscaping as required in Section 4.06.02 of the Collier County Land Development Code. D. Commercial Design Standards The project shall meet the commercial design standards within Division 5.05.08 of the Collier County Land Development Code-,for buildings that have a commercial component. E. Deviations 1. Deviation from Land Development Code (LDC) Section 5.06.04.G to allow one double-faced off- premises sign with a maximum of 8 feet in height and 32 square feet in area, located in the road right-of-way (labeled Pristine Drive on Exhibit"A")_The sign will be limited to no more than 3 residential developments within the abutting Wolf Creek PUD. The proposed sign must meet all vehicular safety sight distance standards for Collier County and have a minimum 10-foot setback from the Vanderbilt Beach Road right-of-way. The proposed sign must be externally illuminated only. Once Pristine Drive is accepted by the Board of County Commissioners as a public road, any structural changes to the sign shall require a right-of-way permit. The signage shall be perpetually maintained by the homeowner's associations of the developments named on the sign . The County at any time after the road becomes public may require the sign to be relocated for road expansion or to address capacity or safety issues. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck-threugh items have been deleted,Items Underlined have been added Page 17 of 23 Page 53 of 320 SECTION IV PRESERVE AREA PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit"A," PUD Master Plan, as may be amended pursuant to Section 5.3. 4.2 PERMITIED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 3. Native preserves and wildlife sanctuaries. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 dough items have been deleted,Items Underlined have been added Page 18 of 23 Page 54 of 320 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this MPUD, in effect at the time of building permit application. B. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code shall apply to this project even if the land within the MPUD is not to be plat t ed. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. C. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this MPUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibit"A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 10.02.6E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD. and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is The Vanderbilt Commons Owner's Association, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Sect ion . When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 19 of 23 Page 55 of 320 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 4.03 Subdivision Design and Layout. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SOP submittal. B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for any proposed lake(s) in accordance with Collier County and SFWMD rules. D. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-five (25) feet where a six (6)foot high fence or suitable substantial barrier is erected. 5.7 UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 5.8 TRAFFIC A. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. B. A west bound right turn lane on Vanderbilt Beach Road, at the intersection of Pristine Drive and Vanderbilt Beach Road, shall be constructed by the Owner(s) prior to the certificates of occupancy for any building within Lot 3, as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County. C. An east bound left turn lane on Vanderbilt Beach Road, at the intersection of Pristine Drive and Vanderbilt Beach Road, shall be constructed by the Owner(s) at the earliest of either the granting of the certificates of occupancy for any building within Lots 5 and or 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) or within five years of the adoption of this PUD amendment. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Stwsk-through items have been deleted,Items Underlined have been added Page 20 of 23 Page 56 of 320 D. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 547 PM Peak Hour, two-way trips (total external with pass-by trips subtracted). E. Access to all parcels within the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County, or as amended, shall be from Vanderbilt Way. F. No public access or circulation drives shall be provided to, from or within Lot 4 lots 4, 5 and 6 as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) between the northernmost property boundary lines shared boundary with Black Bear Ridge of the Wolf Creek PUD) and the northernmost structures (governed by their PUD setbacks)of the identified lots. G. Nothing in this PUD shall have any effect upon the obligations under any private agreements. 5.9 PLANNING Pursuant to Section. 2.03.07 E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. B. All conservation/preservation areas shall be designated as Preserve on all construction plans, and shall be recorded on the plat as a separate tract or easement with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. D. Any perimeter berms, shall be entirely outside of all upland and wetland preserve areas. E. A minimum of 0.17 acres of native vegetation shall be preserved on-site, including all 3 strata. and emphasizing the largest contiguous area possible. If created preserves will be used to make up any of the acreage, the landscape plans shall re-create the native plant community fin accordance with Section 3.05.07 of the Collier County Land Development Code) shall be submitted with the First Development Order submittal for review and approval. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Std items have been deleted,Items Underlined have been added Page 21 of 23 Page 57 of 320 F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council,shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. H. This MPUD shall be consistent with the Environmental Section of the GMP Conservation and Coastal Management Element and the Land Development Code at the time of final development order approval. I. This MPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site Plan approval. J. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. 5.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a temporary construction site office or temporary sales/rental facility. 5.12 SIGNS Signs for this mixed-use project shall be permitted as described in Section 5.06 of the Collier County Land Development Code. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Chapter 4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POLLING PLACES Pursuant to Section 4.07.06 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to: condominium associations, homeowners' associations, or tenants' associations . This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck—through items have been deleted,Items Underlined have been added Page 22 of 23 Page 58 of 320 5.15 LIGHTING Lighting provided at the rear of any building and structure adjacent to the Black Bear Ridge Subdivision, for development on lots 5 and 6, (as shown on the Vanderbilt Commons Subdivision Plat,recorded in Plat Book 60,Page 31 of the Public Records of Collier County)shall be in the form of shielded structure mounted sconces.These shielded structures shall be placed no higher than 10- feet measured from finished floor of the building or structure. The areas identified shall be free of pole lighting". 5.16 ADDITIONAL SCREENING Owner(s) shall construct a 6-foot wall at the rear of lots 5 and 6; abutting the Black Bear Ridge Subdivision (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County). No wall will be located along Tract C,the Preserve Area. MZ MISCELLANEOUS A. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B, In residential-only buildings, dwelling units shall be rented for no less than 12-month periods. C— In residential-only buildings,garages shall be provided for ground-floor units. l2 In residential-only buildings, only two and three bedroom units shall be permitted. Two-bedroom units shall be a minimum of 800 square feet, and three-bedroom units shall be a minimum of 1,200 square feet. In residential-only buildings, no exterior balconies are permitted. E. In residential-only buildings, ground-floor patios will be located on the south side of the building Cz If all residential is built on Lots 5&6, the remaining unbuilt commercial square footage of the Vanderbilt Commons MPUD would not be used beyond that which is permitted as of the effective date hereof, and shall not exceed 175,000 square feet. All other state or federal permits must be obtained before commencement of the development. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 23 of 23 Page 59 of 320 rl I OO 2 1 C g RPUD RPUD in 1 m G WOLF CREEK WOLF CREEK RESIDENTIAL) r p- O m Tm Or I IRESIDENTukw M q o p A D mom m D PRISTINE DRIVE- RIGHT- OF- WAY A I m m y z 20 TYPE D LANDSCAPE BUFFER 8 0 3 9 o j / TYPED LANDSCAPE BUFP.. R 1 rIx f j W ,-.< A j ? 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I 1 A ' O 6.( 1'< E° m gni= OAp r7A -' Z ) i m a YrIL.:_-- 07474 c- I1- o0rTDNco, 1 m p0 m3mNoizmibm o oM8 o . ohD i R° p Dv <> a u, > C2 m ` j WDvrn D r N'< QZm; 0. IIrmam0 ado p < O; ms m Limn.m0Oo .. O Oymmgmm2 L-_.. ---- joAz o ! itm Tbm g 20' TYPED LANDSCAPE BUFER L, 7== 0 r rn-< ro p v r v e;- mi g Z P' 20' TYPE D LANDSCAPE BUF - R 2*.` Q a ' ' CIp D o t=° n c P c z m S BUCKSTONE DRIVE- RIGHT- OF- WAY O m m` m O C 2 m m<,- 0- 2,- mom , m G) m m m N z < m O v DDr to b V OO mmA- e 16, 0 Qc V< Z p a mjacn yNmz°- 2u; Zmog i r SV Ip0 OrD- romctiMNZNo 1 o i( AppN S /' O A Z? DMX0, 1>* 2X42y-- nU= p nj 0 9, CN mSmCO mnmyy SCO AZ y y mw›,› mmO Z m m 7EZ- im m g GkxT — I 1,' neWEGt 0 VANDERBILT COMMONS. I` 7 ' I y- VANDERBILT COMMONS MPUD uo rEORrowwt JC,0 MUNI CORPAMES . WORM1 N' E t t 1 N O N1Bi litE. I 1 DJ.. ' r CONCEPTUAL MASTER PLAN , I HAPLES. iu: ies« u o, NO F i Imo____ Page 60 of 320 B:\ Projects\ 949- 001 ( Studio+) Vanderbilt Way Apartments- Planning\ Drawings- Exhibits\ 949- 001- 01 MCP\ Current Plans\ 9490010101. dwg 4O m< - Z m D m m r r N 0m p I c° f m D Z TTI g m m c c Am O O TD 3 DO mg D y m 2 r D g 0 OmD, ci Omz K m A Om '' qZ D10mm b. m , Z y — ix, .zN mm-> m0 zc m O PRISTINE DRIVE( RIGHT- OF- WAY) o mix. M - 1 zm , pp0 C 20' TYPED LANDSCAPE BUFFER c 0N m aZ D Dcm gOW A iv , 600 NKmF C O U1 C j > cmi. Om r n a 20' TYPED LANDSCAPE p. izn 10Z .. DDO x 4 rn I I BUFFER m mgm mho ‘, 25> r-- 1 > ZD1 v O A"" I I xf° < 5F, O 7000 ; u m - i Dom~ O o r, m z took z , mDNON 1 0 = Oz 2 A m ° . E A D A 3 i = r Z x O COM- 1 0,=-. 0 zCKO m m $ ' m m vmi 0 D u D AO< ZOOm .. - io; Am nOOOOO m rI cm r omD c? m 0- 00Ov w I ) 0 c D 1z Aon , i- yc t T I I m m m N> m O r O m 4 m Zmo0 c xi O z 0 c O D z co r D = m D m moos lo#, „ .. y - NO ca m m 2 0 D E r c m( mj i 00 zzz , ZOZ i I-'`"- I y O N m 0 - 0 .. P N D 0 Z = D C r 0 1- - 1 O c 2 m'- 0? m$ z m O 0 em 2 Z • y O 5 co m O m - - O 5:-, 0cm A- N Z mo m ° 0 D m . C D N O coW N mi' jn co p O i z m m W my I- I D r O .. 0 0 V I\ ./ I D D A p J1I Cm- I m x b I_ I T I J` I- 0 a D 712 7°, 22 t000 N ( 2v0 0 Ti_ o n C m y o m 0 o, z p E j m 1- v nnp° D Dog m < Inc I cO mm ogam< mD Cil va0mm0az _ 1o 1_ I ku, XI zzDL' zOTxmO0A r O zcmzNDONrmm1)OC0oO C j Page 61 of 320 H S e A e v I P ii 4. 4 iC 1!! 1111 i; t V 44 E; F} lix 3 Q ISS. fr ° J girt riA l' 0 e NC7 l ' i H 1 6. 474 2 sA f l I i- s 1 i? ill10& tit k if 1 iia 11! 11 1451! UF Ag ii iit 17:,' II! OM 8:-.., \ - • H '''';‘, g 4 gl roe a 4; t nis II: , z, 31 R /_.. r 4 jam' i l.-] i eyp v s, A5b ba k 1 r 4 F R9 A9 ix 4 a F g ci le f ,, 7i F I Page 62 of 320 Exhibit "C' Carolina Village Legal Description THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT VANDERBILT BEACH ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBEDASFOLLOWS, COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA THENCE RUN NORTH 89°46'10" WEST. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THESOUTHWEST1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH 02°14'20"WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD. A 175 FOOT WIDE RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCECONTINUENORTH02°14'20"WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34. FOR A DISTANCE OF 523.93 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH 89°47'36"WEST, ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,322.04 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUNSOUTH02°13'26" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THESOUTHEAST1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.38 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD; THENCE RUN SOUTH 89°46'10" EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD, FOR A DISTANCE OF 1,322.20 FEET TO THE POINT OF BEGINNING;CONTAINING 15.879 ACRES, MORE OR LESS Page 63 of 320 EXHIBIT "D " LOCATION MAP N c.*W E PROPOSED NA GEL -CRAIG RESIDENTIAL PUD 0 WOLF CREEK Loop Rd.f) RESID. PUD WOLF CREEK MISSION 631 RESID. PUD cr)Subject Site HILLS c)_/ //// /-/////// e /////////////,( SHOPPING z' CENTER VANDERBILT BEACH RD. Page 64 of 320 1 EXHIBIT "E" - SURVEYH .' ',':,‘.:' .'. •,::-,,. ••!,.s', •,:. ; ......',: ., ::-...,':. :-.• ;.. - .., :,',...', 4:.. ', -'. • i:',',.?..;;,';'„clit,,•;,!'"4k,7::Y .: :' ":'".""'"''5 '"1.YY'.'. . 1, ' '• . .".' '.'''' 1 A - 44:?..,..,'''..' 'v "., .. .:•.,,-,, ,;: ,.>:, '•' V ''.'' il 4 .'1 iIril‘i,;41tiell'allt i til 4 i '1 t t IVO a.,-iigelia,,,' si 1 .1 i iti 4 $.q*Etill" *h,t.P14.i 4k V.ittil Eg 1 g 1 q 4 I i,' ev X Z v* . t1111111qi*Itill* * All kt I i k•jil f. ''1_ _I lit 911411!bVIII;141i!b 1 1 I ; ii! i 1le 7a 1'.:t Zi ii t 1 gsli41ii1111giliallt111,04,•arti, II '•', E i Ili i i 1: 1 E-4 i, t,- §ti; if,t!!!;11Zitililli!! i i 1 : 1 "ifl ,Iii1;!iiirct:i!t!iIil 1 ! 1 iiiiiirg 1 il.' IR ; 1-i i)111,!.1:Ittl,t1111111t!: lel i $ 1 I-1 i ift ra*rial * vr. I A' -7.- I 10'CANAL'LOAF. 1 1 1 ' 1:1Eli g 3E, r COLLIER BOULEVARD CR 951 i E •I q *g. o A L '.• .?.F..' v --I1 1 LA"' I- --'•' • " 1 i 1 I 1 ,,• 01..,*••••,•..to e•w",4,1.,f E.a,, r411+,C...............of v'a, . _ : x Or',0"w 32-f 0.7 1 ••.1, I 1 f. ?I;;!I•! i 1 I I f f: i Xt. I v. 1 il, 1 I 6 Itr I 1t . titlit1' v. 4 !rr A E3 I A i?‘ ' 1 1 1, I t I t L 1 7,f.,*:',,.."73:'-.-1.-...... r I1 i! 1 I i I 0_ a)1 i,:/i!illt 1 I I Page 65 of 320 F (" 18.6` 4 FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State October 14, 2019 Ms. Martha Vergara, BMR &VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-34, which was filed in this office on October 11, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us Page 66 of 320 Page 67 of 320 Page 68 of 320 Page 69 of 320 Page 70 of 320 Page 71 of 320 Page 72 of 320 Page 73 of 320 Page 74 of 320 Page 75 of 320 Page 76 of 320 Page 77 of 320 Page 78 of 320 Page 1 of 2 5618 Whispering Willow Way, Fort Myers, FL 33908 | 239.398.2016 www.theneighborhood.company August 9, 2024 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of an Insubstantial Change to a Planned Unit Development (PL20240007161) for the following property: The subject property comprises 2.51± acres of the Vanderbilt Commons Mixed Use Planned Unit Development (MPUD) located northwest corner of the intersection of Vanderbilt Way and Buckstone Drive, approximately one-quarter mile west of the intersection of Collier Boulevard and Vanderbilt Beach Road (see map). The specific address is 7255 Vanderbilt Way, Naples, FL 34119 (Property ID: 79271800167). The applicant is requesting an insubstantial change to the Vanderbilt Commons MPUD to amend a specific developer commitment requiring garages for ground floor units of residential-only buildings. The proposed change would exempt the subject property from this requirement. The existing Bellavista at Vanderbilt Way apartments were built pursuant to an approved Site Development Plan (SDP) that did not include garages for ground floor units. The insubstantial change is therefore being requested to make the existing apartments consistent with the MPUD requirements. This change will have no impact on approved residential density or commercial intensity of the MPUD. Page 79 of 320 Page 2 of 2 5618 Whispering Willow Way, Fort Myers, FL 33908 | 239.398.2016 www.theneighborhood.company In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you with an opportunity to fully understand the insubstantial change. The meeting will be held on August 29, 2024 at 5:30pm at the following address: Greater Naples Fire Rescue - Station 73 14575 Collier Boulevard, Naples, FL 34119 If you are unable to attend in person, a Zoom option will be available. If you would like to participate via Zoom, please send an email to rh@theneighborhood.company prior to August 28 to request the meeting link. Should you have questions prior to the meeting, please contact me at pv@theneighborhood.company or 239-398- 2016. Sincerely, Patrick Vanasse, AICP President & Partner Page 80 of 320 Attachment 4 Legal Ad Sign Posting Page 81 of 320 Naples Daily News - 09/06/2024 Page : A13 September 6, 2024 2:51 pm (GMT -4:00) Powered by TECNAVIA +NAPLESNEWS.COM | FRIDAY, SEPTEMBER 6, 2024 |13A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 1:00 P.M., September 26, 2024, in the Hearing Examiner’s Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples |FL 34104, to consider: PETITION NO. PDI-PL20240007161- REQUEST FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 2019-34, THE VANDERBILT COMMONS PLANNED UNIT DEVELOPMENT (PUD), TO AMEND SECTION 5.17.C SO THAT THE SECTION NO LONGER APPLIES TO LOTS 5 AND 6. THE VANDERBILT COMMONS PUD WAS ORIGINALLY ESTABLISHED AS THE CAROLINA VILLAGE PUD UNDER ORDINANCE NO. 2005-19, AS AMENDED. THE PUD NAME WAS CHANGED TO THE VANDERBILT COMMONS PUD BY ORDINANCE NO. 2017-47, AS AMENDED. THE ±2.51-ACRE SUBJECT PROPERTY IS WITHIN THE ±14.49-ACRE PUD AND LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF VANDERBILT 8": AND BUCKSTONE DRIVE IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/ calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray. Bellows@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida ND-40166771 Ambros ia LNIslandwalk CIRMission Hills DR Acorn WAY Collier BLVDAnguilla WAY Acorn WAY BuckstoneDRVander bil t Beach RD SonomaOaksDRVanderbilt WAY 7 th AVE NW !I Project Location ND-40166784 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 1:00 P.M., September 26, 2024, in the Hearing Examiner’s Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. SV-PL20240007875 – REQUEST FOR A VARIANCE FROM THE LAND DEVELOPMENT CODE SECTION 5.06.04.F.9 WHICH REQUIRES “ON PREMISES DIRECTIONAL SIGNS” LOCATED INTERNAL TO THE SUBDIVISION OR DEVELOPMENT SHALL MAINTAIN A MINIMUM SETBACK OF 10 FEET FROM THE PROPERTY LINE, TO INSTEAD ALLOW FOR DIRECTIONAL SIGNS FOR PUBLIC PARKING FOR COMMERCIAL USES LOCATED IN THE ONE NAPLES MPUD MU TRACT 1, ALONG SOUTHBAY DRIVE NORTH OF VANDERBILT BEACH ROAD AND EAST OF GULF SHORE DRIVE, TO BE LOCATED A MINIMUM OF 5 FEET FROM THE PROPERTY LINE IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Vanderbilt DRPalm CT 91 s t AVE N 92 nd AVE N 9 3 rd AVE NGulf Shore DRVanderbilt B e a c h R D Southbay DR RitzCarltonDR!I Project Location All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of- events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida NOTICE OF PUBLIC HEARINGNotice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 1:00 P.M., September 26, 2024, in the Hearing Examiner’s Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider:PETITION NO. PDI PL20240004116 – NAPLES PRESERVE VILLAS, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE ONYX RPUD, ORDINANCE 16-24 FOR (1), THE MODIFICATION TO EXHIBIT B TABLE 1 – RESIDENTIAL DEVELOPMENT STANDARDS TO ADD INTERNAL DEVELOPMENT STANDARDS FOR A PLATTED TOWNHOUSE DEVELOPMENT; AND (2) A DEVIATION FROM LDC 4.07.02.G.1, OPEN SPACE REQUIREMENTS, WHICH REQUIRES RESIDENTIAL PUD DISTRICTS TO PROVIDE A MINIMUM OF 60% USEABLE OPEN SPACE TO ALLOW 40% USEABLE OPEN SPACE. THE SUBJECT 8.72 +/- ACRE PARCEL IS LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD APPROXIMATELY ONE-HALF MILE NORTH OF RATTLESNAKE-HAMMOCK ROAD IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record.Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104.As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk.As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov.If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting.Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Santa Barbara BLVDAdkins AVE Sunset BLVDCo bbl e s t on e LN RoyalWoodBLVDPolly AVEAmherstDROnyxCIRAdkins AVEEverett ST !IProjectLocationPARIS – French President Emman-uel Macron appointed Michel Barnier,the EU’s former Brexit negotiator, as hisnew prime minister on Thursday, task-ing him with unifying France and end-ing the political paralysis that followedan inconclusive snap election.The discreet, conservative politicianwill have the daunting challenge of try-ing to push reforms, and the 2025 bud-get, through a bitterly divided Parlia-ment, under the constant threat of avote of no confidence.At 73, Barnier is the oldest primeminister in France’s modern politicalhistory, taking over from Gabriel Attal,who was the youngest. It took Macrontwo months to appoint him, after theelection failed to yield a clear majority.The left – which placed first in theelection but without an absolute major-ity – made clear it would be a staunchopponent.“The election was stolen from theFrench people,” hard-left leader Jean-Luc Melenchon said, calling for streetprotests on Saturday. Another hard-leftlawmaker, Mathilde Panot, called it an“unacceptable democratic coup.”Much will depend on the far-rightNational Rally, Parliament’s biggestsingle party, which indicated it wouldnot block Barnier for now, but could doso later if demands were not met.“We will plead for the major emer-gencies of the French – the cost of liv-ing, security, immigration – to finally beaddressed, and we reserve all politicalmeans of action if this is not the case inthe coming weeks,” National Rally lead-er Jordan Bardella said.Barnier is a staunch pro-Europeanand a moderate career politician,though he toughened his discourseconsiderably during a failed 2021 bid tobecome his conservative party’s presi-dential nominee, saying immigrationwas out of control.Barnier first became a lawmaker atage 27, and held roles in several Frenchgovernments, including foreign minis-ter and agriculture minister, though hehas been out of political office in Francefor 15 years, spending most of that timeat EU headquarters in Brussels.He is best known abroad for havingled the EU’s talks with Britain over itsexit from the bloc.Macron had considered a string ofpotential prime ministers in recentweeks, none of whom musteredenough support to guarantee a stablegovernment.French bank sharesedged up, governmentborrowing costs fellslightly, and the euronudged higher, in posi-tive signs from financialmarkets following theappointment.Barnier’s politicalviews are overall close to Macron’s, andit was crucial for the French presidentthat his new prime minister not try toundo reforms pushed through over thepast years, in particular pensionchanges that angered the left.It remains unclear if Barnier willfully try to implement Macron’s politi-cal agenda or bring in new proposals.He will need in any case to negotiatewith other parties to get legislationadopted in Parliament.As Macron’s hunt for a prime minis-ter dragged on, public finances deterio-rated, and outgoing Finance MinisterBruno Le Maire has said that tens of bil-lions of euros in budget cuts are neededto plug the hole.Macron’s gamble to call the snapparliamentary election backfired, withhis centrist coalition losing dozens ofseats and no party winning an absolutemajority. Voters did, however, rally todeny the National Rally a victory.National Rally lawmaker Laurent Ja-cobelli said a condition for not oustingBarnier would be that Parliament bedissolved as soon as possible – whichwould be next July. Macron names Brexitnegotiator new PMDivided Parliament a challenge for Barnier Elizabeth Pineau and Ingrid MelanderREUTERSBarnier Page 82 of 320 Page 83 of 320 Page 84 of 320 10/24/2024 Item # 3.B ID# 2024-1283 MT29788 ** This item was continued from the 9/26/2024 HEX Meeting to the 10/10/2024 HEX Meeting and further continued to the 10/24/2024 HEX Meeting** Petition No. PDI-PL20240004116 – Naples Preserve Villas, LLC - Santa Barbara Boulevard, approximately one-half mile north of Rattlesnake-Hammock Road - Requests an insubstantial change to the Onyx RPUD, Ordinance 16-24 for (1), the modification to Exhibit B Table 1 – Residential Development Standards to add internal development standards for a platted townhouse development; and (2) a deviation from LDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. The subject 8.72 +/- acre parcel is located on the east side of Santa Barbara Boulevard, approximately one-half mile north of Rattlesnake-Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Timothy Finn, Planner III] (Commissioner District 1) ATTACHMENTS: 1. Staff Report - Onyx PDI 2. Attachment A - Revised PUD Exhibit B - Development Regulations Table 1 - To be adopted with HEX decision 3. Attachment B - Revised PUD Exhibt E - Deviations - To be adopted with HEX decision 4. Attachment C - Development Standards Locations - Illustrative purposes only 5. Attachment D - Corner Lot - Unit Setbacks - Illustrative purposes only 6. Attachment E - Clubhouse Detail - Illustrative purposes only 7. Attachment F - Approved SDP PL20190002911 - Illustrative purposes only 8. Attachment G - Draft Plat Plan PL20240002384 - Illustrative purposes only 9. Attachment H - Open Space Elements of Deviation 4 - Ilustrative purposes only 10. Attachment I - Original Analysis and Findings 11. Attachment J - Application-Backup Materials 12. Attachment K - NIM Materials 13. Attachment L - Hearing Advertisment Signs Page 85 of 320 PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 1 of 9 Hearing Examiner (HEX) Date: 9/26/24 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: SEPTEMBER 26, 2024 SUBJECT: PDI-PL20240004116, ONYX PROPERTY OWNER/APPLICANT/AGENT: Property Owner/Applicant: Agent: Naples Preserve Villas, LLC Margaret Emblidge, AICP 2385 NW Executive Center Dr., #370 LJA Engineering, Inc. Boca Raton, FL 33431 7400 Trail Boulevard, Ste. 200 Naples, FL 34108 REQUESTED ACTION: The applicant requests that the Hearing Examiner consider an insubstantial change to the Onyx RPUD, Ordinance 16-24 for (1) the modification to Exhibit B Table 1 – Residential Development Standards to add development standards for platted townhouses and (2) a deviation from LDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. GEOGRAPHIC LOCATION: The subject 8.72 +/- acre parcel is located on the east side of Santa Barbara Boulevard, approximately one-half mile north of Rattlesnake-Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida (See Location Map on the following page.) Page 86 of 320 PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 2 of 9 Hearing Examiner (HEX) Date: 9/26/24 Page 87 of 320 PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 3 of 9 Hearing Examiner (HEX) Date: 9/26/24 PURPOSE/DESCRIPTION OF PROJECT: In 2016, the subject property was rezoned from the Residential RMF-6 Zoning District to a Residential Planned Unit Development (RPUD) to allow development of up to 48 single family and/or multi-family dwelling units. In June 2024, the applicant applied for an insubstantial change to the Onyx RPUD, Ordinance 16-24 for (1) the modification to Exhibit B Table 1 – Residential Development Standards to add internal development regulations for a platted townhouse development and (2) a deviation from LDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space to address the challenges created by the platting regulations and the definition of useable open space. The following are the changes proposed for this PDI: 1. The modification to Exhibit B Table 1 – Residential Development Standards to add development standards for Townhouses. (See Staff Analysis Zoning section of staff report) 2. Add a deviation from the Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space . (See Deviation Discussion section in staff report) LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties near the portion of the PUD affected by the request. North: Adkins Avenue, a two-lane arterial, then farther north is a water management area, zoned Rural Agricultural (A) East: Sunset Boulevard, a two-lane arterial, then farther east is single-family residential, zoned A [0.2 dwelling units per acre (1 du/5 acres)] South: Polly Avenue, a two-lane arterial, then a vacant parcel, and farther south is single-family residential, zoned A [0.2 dwelling units per acre (1 du/5 acres)] West: Santa Barbara Boulevard, a six-lane arterial, then farther west is Tract N (drainage easement) of Royal Woods Golf and Country Club, zoned PUD (3.34 dwelling units per acre) Page 88 of 320 PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 4 of 9 Hearing Examiner (HEX) Date: 9/26/24 Source: LJA Engineering, Inc. STAFF ANALYSIS: Comprehensive Planning: Because this application does not add uses or increase the intensity of the previously approved uses in the Onyx RPUD, it is consistent with the Future Land Use Element (FLUE) of the GMP. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Zoning: The Onyx RPUD was approved on September 13, 2016, via Ordinance 16-24 for the development of up to 48 single family, zero lot line, townhouse and/or multi-family dwelling units. A SFWMD Permit No. 11-100683-P was approved on October 22, 2018, and was subsequently modified on December 6, 2023. A Site Development Plan (SDP) was approved on March 3, 2020. The SDP was based on developing a condominium style community. Page 89 of 320 PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 5 of 9 Hearing Examiner (HEX) Date: 9/26/24 The original owner started construction of two of the townhouse buildings and the clubhouse. Only the slabs and walls were complete. Due to a number of issues, construction stopped, and the applicant, Naples Preserve Villas, LLC, purchased the property. The applicant has demolished the existing improvements to construct a similar building product. As such, the applicant is requesting to revise Exhibit B, Table I Development Regulations Table, to specify internal development regulations for a platted townhouse development. The existing RPUD did not account for some of the regulations associated with a platted development, and the proposed differences only apply to internal setbacks, building separation, lot widths, and useable open space. All other elements remain the same. The following proposed changes are: 1. Minimum lot area of 1,800 SF is added to reflect the minimum platted lot size. None was previously provided for a Townhouse. 2. A 20ft. minimum lot width is proposed for each platted Townhouse unit. The existing 60ft. for multi-family and townhouse does not work for the typical platted attached townhouse product. 3. The minimum floor area per unit is 1,400 SF. 4. Setbacks from Polly Avenue, Sunset Avenue, Santa Barbara, and Adkins Avenue remain the same as previously approved. 5. The minimum 20ft. distance between structures applies at two locations. (See Attachment C, Development Standards Locations, illustrative purposes only). This separation will continue to accommodate emergency services and fire truck access, creating no safety issues. Accessory structures will meet a 10ft. separation. 6. Proposed minimum Townhouse unit internal setbacks (See Attachment C, Development Standards Locations, Attachment D – Corner Lot, Unit Setbacks, and Attachment E - Clubhouse Detail, illustrative purposes only): a. Front Yard – On lots that front on two rights-of-way, the front yard setback will be a minimum of 20 ft from the lot line on the side of the structure that has the driveway and the front yard setback of 6 ft. when adjacent to the side of the structure that does not have a driveway. The purpose of this differentiation is due to the plat creating a parcel line that ends at the platted rights-of-way and not the edge of pavement. A minimum 20ft distance from the structure’s exterior wall to the edge of pavement will be the same as the previously approved SDP setback (See Attachment D – Corner Lot, Unit Setbacks, illustrative purposes only). A 23ft. driveway will be maintained and includes the minimum front yard of 20ft. and the distance between the lot line and the sidewalk. b. Side Yard – A zero ft. side yard applies to the shared walls of the Townhouse units. The 6ft. setback applies to the side of the structure that does not have a driveway. c. Rear Yard – A 10 ft. rear yard setback is measured from the rear wall of the unit to the platted lot line while maintaining a 20ft. perimeter setback. 7. Accessory structures - will have the same setbacks as the principal structures. 8. The Clubhouse parcel setbacks (See Attachment E - Clubhouse Detail, illustrative purposes only). a. The clubhouse parcel will meet a 10ft. setback on the front, side, and rear to its parcel line and maintain the 20ft. setback from the perimeter. 9. Setbacks from landscape buffer easements (See Attachment D – Corner Lot, Unit Setbacks, and Attachment E – Clubhouse Detail, illustrative purposes only). a. Townhouse units, Clubhouse, and Accessory structures will have a 10ft. setback from perimeter buffers and a zero ft. setback from internal buffers. Page 90 of 320 PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 6 of 9 Hearing Examiner (HEX) Date: 9/26/24 It is important to note that the development layout is essentially the same as the approved site development plan (Attachment F – Approved SDP PL20190002911, illustrative purposes only), which was based on a condominium-style development. Attachment G – Draft Plat Plan PL20240002384, for illustrative purposes only, is the draft Plat plan that depicts the same layout as the previously approved SDP. There are no changes to the perimeter elements, including the perimeter setbacks to the adjacent County rights-of-way, stormwater and preserve areas, and buffers. There are no new external impacts; therefore, compatibility will remain as previously approved, and all other requirements will be met. The deviation request is based on a conflict between plats and the definition of useable open space. However, as detailed below, the project will still provide the previously approved 4.67 +/- acres of open space. LDC Sections 10.02.13.E.1 and 10.02.13.E.2 set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD Document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: LDC Section 10.02.13.E.1: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units, intensity of land use, or height of buildings within the development? No, there is no proposed increase in the number of dwelling units, intensity of land use, or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of 5% of the total acreage previously designated as such, or five acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, including institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? There would be no increase to the size of areas used for non-residential uses and no relocation of non-residential areas. e. Is there a substantial increase in the impacts of the development, which may include, but are not limited to, increases in traffic generation, changes in traffic circulation, or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. Page 91 of 320 PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 7 of 9 Hearing Examiner (HEX) Date: 9/26/24 f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, there are no substantial impacts resulting from this amendment. g. Will the change result in a requirement for increased stormwater retention or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance that is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan, or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff have reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the Conservation and Coastal Management Element (CCME) or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. LDC Section 10.02.13.E.2: Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed change does not affect the original analysis and findings for the most recent zoning action in Petition PUDZ-PL20140000890. An excerpt from the staff report prepared for that petition is attached as Attachment I. DEVIATION DISCUSSION: The petitioner is seeking one deviation from the requirements of the LDC. The petitioner’s rationale and staff analysis/recommendation are outlined below. Proposed Deviation #4 (Open space requirements) “Deviation #4 seeks relief from LDC Section 4.07.02.G.1, Open space requirements, which requires residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space.” Page 92 of 320 PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 8 of 9 Hearing Examiner (HEX) Date: 9/26/24 Petitioner’s Justification: As stated, the Applicant is requesting a deviation from the 60% open space requirement to allow 40% open space to address the conflict created by the platting regulations and with the definition of useable open space. The LDC definition of useable open space: Open space, usable: Active or passive recreation areas such as parks, playgrounds, tennis courts, golf courses, beach frontage, waterways, lakes, lagoons, floodplains, nature trails, and other similar open spaces. Usable open space areas shall also include those portions of areas set aside for the preservation of native vegetation, required yards (setbacks), and landscaped areas that are accessible to and usable by residents of an individual lot, the development, or the general public. Open water area beyond the perimeter of the site, street rights-of-way, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. This last sentence is what creates the conflict. The platting of the project results in privately owned street rights-of-way that coincides with the platted residential unit’s lot lines. The sidewalks and some of the greenspace/landscape areas are located within the platted rights of way. These elements were included in the open space calculations on the SDP. This request is to simply allow the same elements to be included in the useable open space calculations on the Townhouse Site Plan and Plat. Attachment G - Draft Plat Plan – PL20240002384, illustrative purposes only, depicts this scenario. The approved (SDP PL20190002911 – Attachment F) and the (Draft Plat Plan – Attachment G) have the same layout with the similar amount of open space of 4.67 acres. The following open space table approved for the SDP notes that the preserve, green space, sidewalk, & pool deck are included in the open space table. Since the plat layout is essentially the same as the SDP, the open space required and provided will be exactly the same 4.67 acres when the sidewalks and green space within the private platted rights-of- way are included. Attachment H, Open Space Elements of Deviation 4, illustrative purposes only, depicts the open space elements that are within the platted rights-of-way. Staff Analysis and Recommendation: Similar deviation requests have been approved with other zoning petitions; as such, staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety, and welfare of the community.” LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Page 93 of 320 PDI-PL20240004116, Onyx Last revised: 9/12/24 Page 9 of 9 Hearing Examiner (HEX) Date: 9/26/24 NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on September 10, 2024, at South Regional Library, located at 8065 Lely Cultural Pkwy, Naples, FL. The meeting commenced at approximately 5:31 p.m. and ended at 6:02 p.m. Margaret Emblidge, the agent, conducted the meeting by introducing the consultant team and staff and giving a PowerPoint presentation. The presentation consisted of an overview of the proposed PDI application. Following the agent’s presentation, the meeting was open to attendees to make comments and ask the consultant team questions regarding the proposed development. The issues discussed were public access, dry retention area, removal of exotics from the preserve, building height, lighting, maintenance of the preserve, timeline of the project, bedrooms in each unit, unit price, and detention area drainage. Margaret and the consultant team answered all concerns. The agent also confirmed that there will be no additional new materials submitted between the NIM and the September 26 HEX hearing. No commitments were made. A copy of the NIM Summary, sign-in sheet, and NIM PowerPoint presentation are included in Attachment K. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20240004116. Attachments: A) Revised PUD Exhibit B – Development Regulations Table 1 – To be adopted with HEX decision B) Revised PUD Exhibit E – Deviations – To be adopted with HEX decision C) Development Standards Locations – Illustrative purposes only D) Corner Lot – Unit Setbacks - Illustrative purposes only E) Clubhouse Detail - Illustrative purposes only F) Approved Site Development Plan PL20190002911 - Illustrative purposes only G) Draft Plat Plan PL20240002384 - Illustrative purposes only H) Open Space Elements of Deviation 4 - Illustrative purposes only I) Original Analysis and Findings J) Application – Backup Materials K) NIM Materials L) Hearing Advertising Signs Page 94 of 320 Page 1 of 3 Revised July 15,2024 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for Single-Family and Multi-Family Residential land uses within the proposed Residential Planned Unit Development (RPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE I - RESIDENTIAL DEVELOPMENT STANDARDS MULTI-FAMILY DWELLING & TOWNHOUSE (R) TOWNHOUSE (R) SINGLE-FAMILY DWELLING/ ZERO LOT LINE (R) AMENITY CENTER (AC) ACCESSORY STRUCTURES MINIMUM LOT AREA N/A 1,800 square feet 3,500 square feet N/A N/A MINIMUM LOT WIDTH 60 Feet 20 Feet 35 Feet N/A N/A MINIMUM FLOOR AREA OF BUILDINGS 1,400 square feet (per unit) 1,400 square feet per Unit 1,400 square feet 750 square feet N/A MINIMUM BUILDING SETBACK (From Polly Avenue) 70 feet 70 feet 70 feet NA 35 feet MINIMUM BUILDING SETBACK (From Sunset Avenue) 150 feet 150 feet 150 feet 150 feet 150 feet MINIMUM BUILDING SETBACK (From Santa Barbara Avenue) 30 feet 30 feet 30 feet 30 feet 30 feet MINIMUM BUILDING SETBACK (From Adkins Ave ROW) 20 feet 20 feet 20 feet 20 feet 20 feet Page 95 of 320 Page 2 of 3 Revised July 15,2024 MULTI-FAMILY DWELLING & TOWNHOUSE (R) TOWNHOUSE (R) SINGLE-FAMILY DWELLING/ ZERO LOT LINE (R) AMENITY CENTER (AC) ACCESSORY STRUCTURES MINIMUM DISTANCE BETWEEN STRUCTURES Principal Structure Accessory Structure 25 feet 15 feet 20 feet 10 feet 12 feet 0 or 10 feet N/A 10 feet SPS MINIMUM INTERNAL SETBACKS Front Yard Side Yard Rear Yard 20 feet 20 feet 20 feet 20/6 feet (2)(5) 0/6 feet (4) 10 feet 20 feet 6 feet, or 0' on one side and 12'on the other 20 feet 20 10 feet 10/15 feet(6) 20 10 feet SPS 20 feet 10 feet 20 feet SETBACKS FROM LANDSCAPE BUFFER EASEMENT (L.B.E.) (3) 10 feet 10 feet Perimeter Buffer 0 feet Internal Buffer 10 feet 10 feet 10 feet Perimeter Buffer 0 feet Internal Buffer 10 feet 10 feet Perimeter Buffer 0 feet Internal Buffer PRESERVE SETBACK 25 feet 10 feet MAXIMUM ZONED HEIGHT 2 stories & 35 feet 2 stories & 35 feet 2 stories & 35 feet 1 story & 25 feet 35 feet MAXIMUM ACTUAL HEIGHT 2 stories & 42 feet 2 stories & 42 feet 2 stories & 42 feet 1 story & 25 feet 42 feet Page 96 of 320 Page 3 of 3 Revised July 15,2024 Footnotes apply as noted to all tracts and lots in the PUD: 1. If the parcel is directly accessed by a private driveway, setback is measured from the back of curb (if curbed) or edge-of-pavement (if not curbed). This would apply to multi- family development tracts that do not have platted road rights-of-way. 2. Front yard setback from the back of sidewalk to the face of the garage door must be a minimum of 23 feet for internal private roads. 3. All L.B.E.'s shall be platted as separate tracts or easements on the Plat.or shown as separate tracts on the SDP. 4. 0/6 side yard – Zero (0) ft. for shared walls and six (6) ft. for exterior side walls of the units from a lot line. 5. Lots that have more than one front yard may reduce the front yard adjacent to the side of the structure that does not have a driveway, to six (6) ft. from a lot line. 6. Amenity Center - A 15ft. setback is required only at the south property line/tract line. Page 97 of 320 Onyx RPUD Ordinance No. 16-24 - Insubstantial Change to a PUD (PDI) PL20240004116 Last Revised June 5, 2024 Words underlined are added. EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. 1. A deviation from LDC Section 6.06.02. A.2 which requires that a 5-foot wide sidewalk be provided on both sides of public and private rights-of-way or easements which are internal to the site, to instead provide a 5-foot wide sidewalk on one side of the private right-of-way as depicted in the master plan (Exhibit C). The sidewalk may only be omitted on one side of a street which is immediately adjacent to the rear of the structures and where no driveway accesses are provided. When residential units front on or have driveway access to both sides of a street, sidewalks shall be provided on both sides of the right of way. Where the sidewalk is omitted, the owner shall install Type D landscape material in its place. A landscape buffer easement is not required for these plantings. 2. A deviation from LDC Section 2.03.07 D.4.g which requires, upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits and TDR Bonus credits shall be redeemed at a rate proportional to percentage of the PUD or DRl's approved gross density that is derived through TOR credits and TOR Bonus credits, to instead permit the developer to construct all units from base density (35 units) before requiring application of TDR credits. 3. A deviation from LDC Section 6.06.01.N which establishes the minimum right-of-way width of 60 feet be utilized, to instead establish that all internal roadways, if platted, may be reduced to a 50 foot right-of-way configuration in accordance with the right- of-way cross section attached to the Master Plan Exhibit C. 4. A deviation from LDC Section 4.07.02.G.1, Open space requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. Page 98 of 320 10' BUFFER 100.67'13.84'17.89'30.00' PER PUD 150.00' PER PUD 70.00'PER PUD30.13' 152.40'70.00'(70.0' MIN. REQD.)70.02'(70.0' MIN. REQD.)150.03'44444444311111111122333333333333333333355POLLY AVE.SANTA BARBARA BLVD.4SUNSET BLVD.ADKINS AVE.4PRESERVE1.12 ac.20' BUFFER STORMWATER1.07 ac.PROJECT NAME:DRAWING TITLE:ACAD FILE NAME: PLOT VIEW \ LAYOUT SHEET OF DESIGNED BY: DRAWN BY: CHECKED BY: REVIEWED BY: DATE:REVISIONSNO.DATEBYDATUM: LJA PROJECT #CLIENT NAME:ACAD FILE # 01 01ONXY RPUD23-0145 .Sobel CompanyMr. Tirso San JoseV. President of Residential Development2385 N.W. Executive Center Dr., Suite 370Boca Raton, Fl 33431....................................................N1" = 120'23-0145 (ONYK) MK.I LJA BLB ME JAC April 2024 N/A PLAN LEGEND: 1 - 20 ft. minimum lot width 2 - 20 ft. minimum between structures 3 - 0 ft. between units and 6 ft minimum internal side yard setback 4 - 10 ft. minimum rear setback 5 - 0 ft. setback from internal landscape buffer easements ORDINANCE 2016-24INSUBSTANTIAL CHANGEEXHIBIT A - TOWNHOME PLAT DEVELOPMENT REGULATIONS LOCATIONS Page 99 of 320 LL L L L 20' BUILDING SETBACK 6' BUILDING SETBACK50' R.O.W.6' BUILDING SETBACK10' BUILDING SETBACK 10' BUILDING SETBACK50' R.O.W. 50' R.O.W.20' SETBACKTO CURB20' SETBACKTO CURB23' SETBACK TO SIDEWALK PROJECT NAME:DRAWING TITLE:ACAD FILE NAME: PLOT VIEW \ LAYOUT SHEET OF DESIGNED BY: DRAWN BY: CHECKED BY: REVIEWED BY: DATE:REVISIONSNO.DATEBYDATUM: LJA PROJECT #CLIENT NAME:ACAD FILE # N1" = 30'23-0145 (ONYK) MK.I LJA BLB ME JAC May 2024 N/A CORNER UNIT 01 01ONXY RPUD23-0145 .SOBEL COMPANYMR.TIRSOSAN JOSEV.PRES OF RRESIDENTIAL DEVELOPMENT2385 N.W. EXECUTIVE CENTER DR., SUITE 370BOCA RATON, FL 33431....................................................EXHIBIT A.2 CORNER LOTPage 100 of 320 E5000FD MJ J J J J J J J J J J FD Clubroom 867 SF / 15 NET (ASSEMBLY UNCONCENTRATED TABLES AND CHAIRS) = 57 OCCUPANTS Fitness 290 SF / 50 GROSS (EXERCISE ROOM) = 5 OCCUPANTS MAILING ROOM 147 SF / 300 GROSS (SHIPPING AREA) = 1 OCCUPANT Office 233 SF / 150 GROSS = 2 OCCUPANTS Card Room 233 SF / 15 NET (ASSEMBLY UNCONCENTRATED TABLES AND CHAIRS) = 15 OCCUPANTS 20' BUFFER10' BUILDING SETBACK10' BUILDING SETBACK 10' BUFFER SIDEWALKLANDSCAPING55' R.O.W SIDEWALKLANDSCAPINGSIDEWALKSIDEWALK10' BUFFER0' BUILDING SETBACK (FROM BUFFER)CLUBHOUSE 50' R.O.W. 6' BUILDING SETBACK 15' TYPE "B" BUFFER 50' R.O.W.PROJECT NAME:DRAWING TITLE:ACAD FILE NAME: PLOT VIEW \ LAYOUT SHEET OF DESIGNED BY: DRAWN BY: CHECKED BY: REVIEWED BY: DATE:REVISIONSNO.DATEBYDATUM: LJA PROJECT #CLIENT NAME:ACAD FILE # N1" = 30'23-0145 (ONYK) MK.I LJA BLB ME JAC May 2024 N/A CLUB HOUSE 01 01ONXY RPUD23-0145 .SOBEL COMPANYMR. TIRSOSAN JOSEV. PRES OF RRESIDENTIAL DEVELOPMENT2385 N.W. EXECUTIVE CENTER DR., SUITE 370BOCA RATON, FL 33431....................................................CLUB HOUSEEXHIBIT A.3 Page 101 of 320 Date:Reviewed and Approved For:Permit IssuancePL2019000291103/03/2020EXHIBIT C - ONYX TOWNHOME VILLAS APPROVED SDP PL201900002911Page 102 of 320 EXHIBIT B - DRAFT PLAT PLAN PL20240002384 Page 103 of 320 L L L L LE5000FD MJ J J J J J J J J J J FD Clubroom 867 SF / 15 NET (ASSEMBLY UNCONCENTRATED TABLES AND CHAIRS) = 57 OCCUPANTS Fitness 290 SF / 50 GROSS (EXERCISE ROOM) = 5 OCCUPANTS MAILING ROOM 147 SF / 300 GROSS (SHIPPING AREA) = 1 OCCUPANT Office 233 SF / 150 GROSS = 2 OCCUPANTS Card Room 233 SF / 15 NET (ASSEMBLY UNCONCENTRATED TABLES AND CHAIRS) = 15 OCCUPANTS 55' R.O.WSIDEWALKLANDSCAPING SIDEWALKLANDSCAPINGSIDEWALKSIDEWALK50' R.O.W. 50' R.O.W.PROJECT NAME:DRAWING TITLE:ACAD FILE NAME: PLOT VIEW \ LAYOUT SHEET OF DESIGNED BY: DRAWN BY: CHECKED BY: REVIEWED BY: DATE:REVISIONSNO.DATEBYDATUM: LJA PROJECT #CLIENT NAME:ACAD FILE # N1" = 30'23-0145 (ONYK) MK.I LJA BLB ME JAC May 2024 N/A ROW 01 01ONXY RPUD23-0145 .SOBEL COMPANYMR.TIRSOSAN JOSEV.PRES OF RRESIDENTIAL DEVELOPMENT2385 N.W. EXECUTIVE CENTER DR., SUITE 370BOCA RATON, FL 33431....................................................LEGEND: Landscaped Areas (Useable Open Space) Sidewalks (Useable Open Space)R.O.W. WITHOPEN SPACE ELEMENTSEXHIBIT E - OPEN SPACE DEVIATION Page 104 of 320 Original Analysis and Findings – Onyx RPUD PUDZ-PL20140000890 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”: 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. Potable water and sanitary sewer lines are in the vicinity of the subject parcel. The master plan shows there is an existing eight (8)-inch water main and eight (8)-inch sanitary sewer line within the Santa Barbara Boulevard right-of-way. The master plan also shows the location of the existing six (6)-inch force main as well. The project proposes two (2) points of vehicular ingress/egress along Adkins Avenue. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney’s Office, demonstrate unified control of the property. The applicant states the property is under the unified control of the current property owner, “whose sole beneficiary is Jorge Savloff, Managing Member.” 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP Consistency section of this staff report (or within an accompanying memorandum). 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 applicant has responded to this criterion by stating as follows: “In addition to the use of native vegetation, buffering, increased setbacks, and building height limitations, the owner has agreed to ensure that each unit will include one attached garage. This self- imposed requirement is intended to ensure that apartment-style development with a high amount of at-grade parking lots will not be developed in this location. This commitment has been made in concert with the neighbors who have participated in the public process to date.” Page 105 of 320 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The total area required for open space is sixty percent (60%) or 4.67 acres. The land use summary in the master plan indicates that 3.32 acres would be open space. This equates to 42.6%, which is less than the minimum required. The applicant states the project would be compliant by “utilizing active or passive recreation areas as well as required yards and landscape areas which will meet or exceed the sixty percent (60%) requirement. Compliance with open space requirements must be demonstrated at the time of platting. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The applicant has responded to this criterion by stating as follows: “The development may be phased over the course of 2-3 years, and adequacy of roadway capacity, water and sewer availability, school capacity and fire/EMS service has been shown to be available.” The proposed rezoning petition represents a net increase in the number of peak hour trips; however, as noted in the GMP Consistency section of this staff report, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, such as wastewater systems and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals 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. Two (2) deviations are being requested with this petition. Staff supports both deviations. 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 proposed change in relation to the following when applicable”: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. Page 106 of 320 Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the adjacent properties) is described in the Surrounding Land Use and Zoning section of this staff report. Staff determined the proposed uses are appropriate for this area of the County. The PUD density would be approximately 5.5 dwelling units per acre, which is consistent with the density rating system in the FLUE of the GMP and would further the County’s TDR Program. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Official Zoning Map shows the parcels are directly adjacent to Waterford Estates PUD and the Royal Wood Golf and Country Club PUD. Therefore, it is staff’s opinion that rezoning these parcels from RMF-6 to RPUD would not create an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject parcel is currently owned by the Polly Ave, LLC. The square-shaped boundary of the new RPUD is not illogically drawn. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes. The rezoning to RPUD also allows for the two (2) deviations. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff does not anticipate the new uses would adversely impact living conditions in the neighboring community. 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 proposed rezoning represents a net increase in the number of peak hour trips; however, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips. The project’s development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of SDP or PPL review. 8. Whether the proposed change will create a drainage problem. Page 107 of 320 The proposed change will not create a drainage problem as the applicant will be required to submit a SFWMD permit and all required stormwater documentation to County staff to be evaluated during the development review process. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated that this amendment would significantly reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or 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. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Staff does not anticipate the rezoning to RPUD would be a deterrent to the improvement or development of the vacant property to the south of Polly Avenue; neither would it have any effect on the adjacent water management area to the north; nor the adjacent properties to the west; nor in connection with the Royal Wood Golf and Country Club PUD; nor the adjacent properties to the east, which have already been developed with residential uses. 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 development complies with the GMP through the proposed amendment, then that constitutes 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. The property may still be developed within the parameters of the current RMF-6 zoning district at a density cap of 3.2 units per acre; however, the petitioner is requesting a density bonus, which is allowed under the GMP. A density bonus requires a rezoni ng and therefore, the petition can be evaluated and action taken as deemed appropriate through the public hearing process. Page 108 of 320 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff’s opinion the proposed uses and associated development standards will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the platting or SDP 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. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of PPL or SDP review. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during their advertised public hearing. Page 109 of 320 Qovtnt! Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone : (2391 252-1036 | E ma i I : G M DClientSe rvices @col I i e rcou ntyfl .gov www.co I I ierco u ntyf l. gov Collier County Planning Commission Agenda Packet Checklist for PUDs to be submitted by Applicants and Agents Materials provided by Planner: o Staff Report o Complete Draft Ordinance /Resolution initialed by County Attorney Materials to be provided by applicant: V a Va V Application o Narrative of rezone request o Property lnformation o Property Ownership and general description of site Disclosure of lnterest Affidavit of Unified Control N/A Affidavit of Representation NIM lnformation (Sign-in sheet, notes, minutes and/or summary, audio or video recordingl NIM will be held on 9ll0l24 - we will provide on9ll1l24 Traffic lmpact Study (TlS) N/A Environmental Data N/A Historical/Archeological Survey or Waiver N/A Utility Letter Deviation J ustifications Boundary Survey Amended PUD Ordinan ce (the last submitted Ordinonce with strikethrough - color preferred) Other documents /os needed, on o cose-by-cose bosis) such as relevant prior ordinances, conditionaluses, historical documents, any "private or legal" agreements affecting the PUD etc. Write details below. I understond thot by submitting the above moteriols, it is the ogent/opplicont's responsibility to ensure oll moteriols ore in the some order for oll copies of bockup materiols to provide to the CCPC ond the CD must contoin the documents in one pdf file (not multiple files) in the some order os the printed moteriols. lt is the ogent's responsibility to ensure no documentotion is left out. M a rg a re t E m b I i d g e 3 :','j:'rryr;;ifr:,?,, X,1':,1f lffi i o n "Auwst23.2024 DateSignature of Agent Representative AICP ame { 0e12022 ng prese Page 1 of 1 Please provide the followinF documents to support your petition request: Page 110 of 320 C,Rfr,Corawry Need Help? GMCD Public Portal Online Pavment Guide E-Permittinq GuidesGrowth Management Community Development Department Pursuant to LDC subsection 10, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application APPLICANT CONTACT ! NFORMATION Name of Property Owner(s):Naples Preserve Villas, LLC Name of Applicant if different than owner: Address: 2385 NW Executive Center Dr., #370 6i1y.Boca Raton Clala.FL 7t p: 33431 Telephone: 661) 994-3434 Cell: _Fax: _ E-MailAddress:tsanjose@sobelco.com Name of Agent:Margaret Emblidge, AICP Firm:LJA Engineering,Inc. Address: 7400 Trail Boulevard, Ste. 200 City: Naples State FL Telephone:59',7 -31t1 Cell: E-MailAddress:memblidge@lja.com 7t P: 34108 DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. ldentify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 2024 Paqe 1 of 4 Division .2800 North Horseshoe Drive . Naples, FL34104.239-252-2400 www.colliercounM.qov/ lnsubstantial Change to a PUD (PDl) LDC subsection 10 Chaoter 3 of the Administrative Gode Page 111 of 320 C,Rff",Covrnty Growth Management Community Development Department PUD NAME: OnyT RPUD ORDINANCENUMBER: 16-24 FOIIO NUMBER(S): See attached list Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). lf applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan?x Yes Er,lo Has a public hearing been held on this property within the last year? ! v"t x No Has any portion of the PUD been x SOLD and/or x DEVELO P E D? Are any changes proposed for the area sold and/or developed? ! Ves lf yes, please describe on an attached separate sheet. x No Need Help? GMCD Public Portal Online Pavment Guide E-Permittinq Guides Revised 2024 Division .2800 North Horseshoe Drive . Naples, FL 34'104 .239-252-2400 w!wv.col,iercounM.aov/ Paa,e 2 ot 4 lf no, please explain: _ lf yes, in whose name? Page 112 of 320 C,Rft,Covrnql Need Help? GMCD Public Portal Online Pavment Guide E-Permittinq GuidesGrowth Management Community Development Department ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: . FollowinB the com pletion of the review process by County Review staff, the applica nt shall su bmit all materials electronically to the designated project manager. . Pleasecontacttheprojectmanagertoconfirmthenumberofadditional copies required. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre-Application Meeting notes Project Narrative, including a detailed description of proposed changes and why amendment is necessary Detail of request X Current Master Plan & l Reduced Copy Revised Master Plan & L Reduced Copy N/A - not beins revised X Revised Text and any exhibits x PUD document with chan crossed through & u nderlined x PUD document as revised with amended Title Page with Ordinance #x Warranty Deed I Legal Description x Boundarysurvey, if boundaryof original PUDisamended N.\ lf PUD is platted, include plat book pages N/A - Not platted yet List identifying Owner & all parties of corporation See Annual R ort x Affidavit of Authorization, sisned & notarized x X X Copy of I % in. x 11 in. gra phic location map of site x Electronic copy of all documents and plans +Please advise: The Office of the Hearing Examiner requ ires all materials to be su bmitted electronicall in PDF format. ilf located in lmmokalee or seeking affordable housing, include an additional set of each submittal requirement. Revised 2024 Division .2800 North Horseshoe Drive . Naples,FL34104 - 239-252-2400 w!wv.colliercounh/fl .oov/ Paqe 3 of 4 The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. lncomplete submittals will not be accepted. n Completed Addressins Checklist Propertv OwnershiD Disclosure Form n tr lr-r-fr ffi tf_lTtf I --uF t- t_l -r- --T_-f f-Er Page 113 of 320 Couttty Growth Management Community Development Department Age r Signature TZ,et o SAp roJC Applicant/Owner Name (please print) Need Help? GMCD Public Portal Online Pavment Guide E-Permittino Guides PLANNERS - !NDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOW!NG REVIEWERS: FEE REQUIREMENTS E PUDAmendmentlnsubstantial (PDI): 5L,500.00 D Pre-Application Meeting: SSOO.OO (Paid Prior to Prc-Application Mccting) E Estimated LegalAdvertising fee forthe Office of the Hearing Examiner: 5L,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. X Fire Planning Review Fee: $t50.OO Fire Code Plons Review Fees are collected ot the time of opplication submission and those fees dre set forth by the Authority having jurisdiction. The Lond Development Code requires Neighborhood Notification moilers for Applicotions heoded to hearing, and this fee is collected prior to heoring. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Naples Preserve Villas, LLC By: !School District (Residential Components):Bayshore/Gateway Triangle Redevelopment: Executive Director tr Utilities Engineering:Parks and Recreation Emergency Management:Naples Airport Authority: Conservancy of SWFL:Other: City of Naples Other: Revised 2024 Pase 4ol 4 Division . 2800 North Horseshoe Drive . Naples, FL 34104 . 239-252-2400 www. colliercountvfl . oov/ -4laflto*Date I n tr ft t-l f Page 114 of 320 64637000024 64637000040 64637000066 64637000082 64637000105 64637000r21 64637000147 64637000163 64637000189 64637000202 64637000228 64637000244 64637000260 64637000286 64637000309 64637000325 6463700034t 64637000367 64637000383 64637000406 64637000422 64637000448 64637000464 64637000480 Naples Preserve Villas, LLC (Santa Barbara Place Villas) Folio Numbers 64637000503 64637000529 64637000545 64637000s61 64637000587 64637000600 64637000626 64637000642 64637000668 64637000684 64637000707 64637000723 64637000749 64637000765 6463 7000781 64637000804 64637000820 64637000846 64637000862 64637000888 6463 7000901 64637000927 64637000943 64637000969 Page 115 of 320 Naples Preserve Villas, LLC 2385 NW Executive Center Drive Suite 370 Boca Raton, F1,33431 Main Line (551) 994-3434 Letter of Authorization Naples Preserve Villas, LLC Whose Address is: 2385 NW Executive Center Drive Suite 370 Boca Raton, Ft" 33431 Hereby designates: Tirso San Jose 2385 NW Executive Center Drive Suite 370 Boca Raton, Fl- 33431 To act on behalf of Naples Preserve Villas, LLC for the purpose of submitting any application needed for permitting, zoning or construction contracts on property located at: Parcel One: The East 1/2 of the Southwest U4 of the Southwest 1/4 of the Northwest 1/4 of Section 16, Township 50 South, Range 26 Eas! Less the North 30 Feet, the East 30 Feet and the South 30 Feet thereof, Collier County, Florida. AND Parcel Two: The West {2 ofthe Southwest L/4 otthe southwest Tl4ofthe Northwest 1/4 of Section 15, Township 50 South, Range 26 East, less the North 30 Feet and the South 30 Feet, Collier County, Florida. Parcel lD# of 528080 1015816, Containing approximately 8,7 total acres (378,972 Square feet) of land zoned multifamily around address 5950 Onyx Cir, Naples, FL,34L72 More commonly known as: Naples Preserve Villas, LLC Signed this 11th Naplesr7reserve a.Fbrida limited By: Jeffrey E. Sobel Its: Member ? Name NOTilftY'S as to Owner or reVAil or Produced I dentif ication_Personally of ldentification Produced_ *) Page 116 of 320 ONYX RESIDENTIAL PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE PROJECT NARRATIVE & DETAIL OF REQUEST NARRATIVE The Applicant, Naples Preserve Villas, LLC, is a requesting to amend the Onyx RPUD Ordinance No. 16-24 pursuant to LDC Section 10.02.1-3.E.2. lnsubstantial Change. Specifically, this request is to revise RPUD Exhibit B, Table I Development Regulations Table to specify internaldevelopment regulations for a platted townhome developm€nt. The existing RPUD did not account for some of the regulations associated with a platted development. The differences only apply to internal setbacks, building separation, lot widths and useable open space. All other elements remain the same. ln addition to the Development Regulations, the Applicant is requesting a deviation from the 60% open space requirement to allow 40% open space to address the challenges created by the platting regulations and the definition of useable open space. see detailed requests below. H istory The Onyx RPUD was approved on September 13,2015, see enclosed ordinance. A SFWMD permit No. 11- 100683-P was approved Odober 22,2018, and was subsequently modified on Decem ber 6, 2023. A Site Development Plan (SDP) was approved on March 3, 2020 (see Exhibit C). The SDP was based on developing a condominium style community. The original owner started construction of two of townhome buildings and the clu bhouse. Only the slabs and walls were complete. Due to a number of issues construction stopped and the property was purchased by the applicant, Naples Preserve Villas, LLC. The current owner has demolished the existing improvements to construct a similar building product. DETAIL OF REQUEST Development Regulations As depicted on the enclosed Revised RPUD Exhibit B, Table I Development Regulations Table and Exhibits A, A.2, and A.3 a new set of development regulations are proposed to specifically apply to a platted townhome development. The following standards are proposed: 1. Minimum lot area of 1,800 SF is added to reflect the minimum platted lot size. None was previously provided for a Townhome. 2. A20ft. minimum lot width is proposed for each platted Townhome unit. The existing 60ft. for multi- family and townhome does not work for the typical platted attached townhome product. 3. The minimum floor area per unit, setbacks from polly Avenue, Sunset Avenue, Santa Barbara, and Adkins Avenue remain the same as previously approved. 4. The minimum 20ft. distance between structures applies at two locations as depicted on Exhibit A. This separation will continue to accommodate emergency services and fire truck access creating no safety issues. Accessory structures will meet a Loft. separation. Page 117 of 320 5. Proposed minimum Townhome unit internal setbacks (See Exhibits A, A.2 and A.3): . Front Yard - On lots that front on two rights-of-way, the front yard setback will be a minimum of 20 ft from the lot line on the side ofthe structure that has the driveway and the front yard setback of 6 ft. when adjacent to the side of the structu re that does not have a d riveway. The pu rpose of this differentiation is d ue to the plat creating a pa rcel line that ends at the platted rights-of-way and not the edge of pavement. A minimum 20ft distance from the structure's exterior wall to the edge of pavement will be the same as the SDP setback (See Exhibit A.2). A 23ft. driveway will be maintained and includes the minimum front yard of 20ft. and the distance between the lot line and the sidewalk. . Side Yard - A zero ft. side yard applies to the shared walls of the Townhome units. The 6ft. setback applies to the side ofthe structure that does not have a driveway.. Rear Yard - A 10 ft. rear ya rd setback is measu red from the rear wall of the unit to the platted lot Iine while maintaining a 20ft. perimeter setback. 6. Accessory structures - will have the same setbacks as the principal structures. 7. The Clubhouse parcel setbacks (See Exhibit A.3). o The clubhouse parcel will meet a 10ft. setback on the front, side and rear to its parcel line and maintain the 20ft. setback from the perimeter. 8. S€tbacks from landscape buffer easements (See Exhibits A.2 and A.3). . Townhome units, Clubhouse and Accessory structures will have a 10ft. setback from perimeter buffers and a zero ft. setback from internal buffers. It is important to note that the development layout is essentially the same as the approved site development plan (Exhibit C) which was based on a condominium style development. Exhibit D is the draft Plat plans that depicts the same layout. There are no changes to the perimeter elements including the perimeter setbacks to the ad.iacent County rights-of-way, stormwater and preserve areas, and buffers. There are no new external impacts therefore compatibility will remain as previously approved, and all other requirements will be met. The following deviation request is based on a conflict between plats and the definition of useable open space. However, as detailed below, the project will still provide the previously approved 4.67 +/- acres of open space. Open Space Deviation Request Requesting relieffrom LDC Section 4.07.02.G.1,, Open space requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. Justification As stated, the Applicant is requesting a deviation from the 60% open space requirement to allow 40% open space to address the conflict created by the platting regulations and with the definition of useable open space. The definition of useable open space: Open spoce, usdble: Active or possive recreotion oreos such os porks, ploygrounds, tennis courts, golf courses, beoch frontoge, waterwdys, lokes, logoons, floodploins, noture troils and other similar open spoces- Usoble open space areos sholl olso include those portions of oreos set oside for preservotion of notive vegetotion, required yords (setbacks)ond londscoped dreas, which ore accessible to ond usoble by residents Page 118 of 320 oI dn individuol lot, the development, or the generol public. Open woter oreo bevond the oerimeter of the site. street rio hts-o wo v.drivewavs. off-street Dorkino ond loodina oreos. s holl not be counted towordsf- reo uired Usoble Open Spoce This last sentence is what creates the conflict. The platting of the project results in privately owned street rights-of-way that coincides with the platted residential unit's lot lines. The sidewalks and some of the gree ns pa ce/la ndsca pe areas are located within the platted rights of way. These elements were included in the open space calculations on the SDP. This request is to simply allow the same elements to be included in the useable open space calculations on the Townhouse Site Plan and Plat. Exhibit B - Draft Plat Plan depicts this scenario. The approved SDP P120190002911 -Exhibit C and the Draft Plat Plan have the same layout with the similar amount of open space of 4.67 acres. The following open space table approved for the sDP notes that the preserve, green space, sidewalk, & pool deck are included in the open space table. f USABU OPEH SPACE REQUIREMENT PER LDC 1.08.02 MIX UsE l]m 4,67 50,}6 TOTAL PROVIDEDT 4.67 6e/6 r ( PRESERVE+GRE EN 5 PA CE+SI DEWALK+0E66171 r. 79 AC) Since the plat layout is essentially the same as the SDP, the open space required and provided will be exactly the same 4.67 acres when the sidewalks and green space within the private platted rights-of-way are included. See Exhibit E which depicts the open space elements that are within the platted rights-of-way COMPLIANCE WITH LDC SECTION 10.02.13 E. Based on the following findings, the request is not a substantial modification and may be processed as a PUD lnsubstantial Change. E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, lnsubstantial, and Minor. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose ofthis section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the pUD; The request does not include a change in the boundary of the pUD. I I I) i) I /+.H/4\/6\ AC TOTAL REQUTRED {7,79 AC X 0.5) Page 119 of 320 b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; c. A proposed decrease in preservation, conservation, recreation, or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; The request does not change the preservation, conservation, recreation, or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open spaces), or a proposed relocation of nonresidential Iand uses; The request will not modify any existing uses or intensities that would impact surrounding Iand uses or that would be incompatible. All committed perimeter buffers and setbacks remain the same. The conservation area (preserve) has been recorded in OR Book 5605 Page 1241 as part of the SDP approval. e. A substantial increase in the impacts ofthe development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; There are no changes that would increase the impacts previously assessed and addressed. i A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the lnstitute of Transportation Engineers; The request does not change the approved land uses and nor will it generate additional traffic. Pursuant to Ordinance No. 2015-24 the maximum trip teneration allowed by the proposed uses (both primary and ancillary) may not exceed 33 PM Peak Hour, two way trips. This commitment will not change. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; The request does not result in increased stormwater retention or increased stormwater discharges. The stormwater volume as permitted by the SFWMD and the SDP will remain the same. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The request to reduce internal setbacks does not create an incompatibility with, or negatively impact, adjacent land uses. The development will still meet the required perimeter setbacks and buffering requirements. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management plan or which modification would increase the density or intensity of the permitted land uses; No, the request will not generate a higher level of vehicular traffic. There is no change to the approved 48 residential units and development commitments pursuant to Ordinance No, 16-24. Page 120 of 320 There are no changes that would create an inconsistency with the Growth Management plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. S 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. 5 380.06(19). Any change that meets the criterion of F.S. 5 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or The request is not located within a DRl. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. There are no substantial modifications as noted above. CONCLUSION This petition provides development regulations for a platted Townhouse development by establishing specific development standards for this typ€ of residential product. ln addition, a deviation requested for the open space requirement is necessary to address a conflict between the definition of useable open space and the reBulations for a platted development. The Townhouse Plat Plan (See Exhibit B.) proposes the same land use coverage as the approved Site Development Plan (See Exhibit C.), which provides 60% open space. The deviation is requested to document that the sidewalks and open space elements within the private platted rights-of-way are included in the useable open space calculation on the Townhouse Site Plan. Page 121 of 320 239.597.311 1 FBPR:31200 FDACS:188416 www.LJA.com 7400 Trail Blvd. Suite 200, Naples, Florida 34108 LEGAL DESCRIPTION ALL THAT PART SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COTINTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 16; THENCE S 89'l 8'5 1 ', E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION I6 A DISTANCE OF 67.00 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SANTA BARBARA BOULEVARD (R.O.W. VARTES); THENCE LEAVING SAID NORTH LINE N OOOIO'IO'' E ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 3O.OO FEET TO TTM POINT OF BEGINNING OF THE PARCEL TMREIN BEING DESCRIBED; THENCE CONTINUING AIONG SAID EAST RIGHT-OF-WAY LINE N OOOIO'IO' E A DISTANCE OF 604.49 FEET TO AN INTERSECTION WITH TriE SOUTH RrGHT-OF-WAY LINE OF ADKINS AVENUE (60' R.O.W.); THENCE S 89'20'16'' E ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 560.75 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SLINSET BOULEVARD (60' R.O.W.); THENCE S OOOO3'32'W ALONG SAID WEST zuGHT-OF-WAY LINE A DISTANCE OF 604.73 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF pOLLy AVENUE (60' R.O.W.); THENCE N 89" I 8'5 I '' W ALONG SAID NORTH RIGHT.OF-WAY LINE A DISTANCE OF 56I .92 FEET TO THE POINT OF BEGINMNG OF THE PARCEL HEREIN DESCzuBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 7.79 ACRES REF. LJA DWG #I3763-PLAT Page 122 of 320 INSTR 6500502 oR 6323 PG 3983 E-RECoRDED L/24/2O24 4:33 pM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $35,540.00 REc $27.00 coNs $5,220,000-00 Proparcd Bv: Craig M. Domg Esq. Cnig M, Dome, PA. 2655 S. Lc Jeunc Rd PH 2C Coral Gables, FL 33134 After Rccordine Retum To; Jacob H. Piomrar; Esq. Akcrman LLP 98 Soulheast Seventh Str€et SuiG tl00 Miami, FL 33131 Above This Line For Recording I)efa'l (Whenever individuals, THIS SPECIAL limited liability company Hallandale Beach, FL 33009, aud called the "GIAntee"), whose post office used hcroin tbc terms "Grantor{ and and lhe successors and assigns of That the Gruutor, for and in consideration valuable consideration, to the Grantor in hand paid acknowledged, has granted, bargainod, sold and the Grantee, and the Grantee's successors and assigns being in Collier County, Florida, to-wit; ecial'Warranty Deed is marle this 23'd day of January,2024,by POLLY AVE, LLC, a Florida "-GrA$oI'), whose post office address is 800 SE 4th Avenuo, Suite 704, VILLAS, LLC, a Florida timited liability company @ereinafter NW Executive Center Drive, Suite 370, Boca Raton, FL33431 tho parties to this instrument and thc heirs, legal reprcsentatives, and assigns of and other entities.) AND NO/100 DOLLARS ($10.00), and other good and Condominlum Unit Nos. 101, I02, I03, 104, 105, 106, 303,304, 401,402,403,404,405, 406 4A7 r 408,501, 502, AND 605, 606, 701, 702, 703, 704, 801, 802, 803, 804, of CONDOMINfUM, according to the Declaration of O,R. Book 5608, Page 1943, and all exhibits and County, Florida. NI<IA Parcel One: The East Yt of the Southrvest % of the Southwest % of the Northrvest % of South, Range 26 East, less the North 30 X'eet, the East 30 Feet and the South County, Florida, the receipt and sulEcienoy of which are hereby presents does grant batgain, sell and transfer unto described land (the "&sper1y"), sifuate, lying and 202, 203, 204, 205, 206, 301, 302, 506, 507, 508, 601, 602, 603,604, TOWNIIOME VILLAS, A recorded March 18,2019 in Public Records of Collier Torvnship 50 Collier Parcel Two: The West Yz of. tb,e Southrvest % of the Southwest % oI the Northvest % of Section 16, Torvnship 50 South, Range 26 East, Ie.ss the North 30 Feet and the South 30 X'eet, Collier County, f,'lor.itla. Parcel Identification Number: 64637000024;64631000040; 64637000066; 64537000087; 64637000105; 64637000127; 64637000141;64637000163; 64637000189; 64631000202i 64637000228; 64637000244i 64637000260; 64$7A00286i 64637000309; 64637000325; 64637000341; 64637000367i 64637000383; 64637000422; 64637000448i 64637000464;64637000480; 64637000503; 64637000529i 64637000545; 64637000561i 6C637000587; 64637000600; 64631000626; 64637000642i 64637000668; 64637000684; 64637000701; 64$7A00723; 64637000749; 64637000765t 64637000781; 64637000804;64637000820; {nta nrCam llnn I Ft. A?Q1 2 aQA -h.7el.l-4e,1 ?_haoA _Oapp,,4,oL2 1 Ap,\ i I I I I I I i I I I I I Page 123 of 320 oR 6323 PG 3984 64$70A0846i 64637000862; 64637000888; 64537000901; 64637000969; and 64637000406 64637000927; 64$7A00943i TOGETHER WITII all t[e tenements, hereditamonts aBd apputenances, with every privilege, right, title, interest and estate, reversion, remainder and easementthereto belonging or iu anywise appertaining, TOHAVE HOLD the same in fee simple forever. SUBJECT reservations and easements of record, if any, and only to the extent that the same may this reference, reimposing same, (2) taxes for the year 2024 and subsequentyears, whichstill be in force and aro not yet due and Order of the Collier County Code Enforcement Board (the "Board") recot'ded on Public Records ofCollier County, Florida, aud (4) that oertain Order ofthe BoardMay23,2A22n ORB 6130, recorded on March 77, 2023 n PG 912 in the Public Records of Collier County, Florida, AND the Grantor hereby the Grantee tha! except as to those matters speciffed above, at the time of the delivery of this dee4 the from all encumbrances made by the Grantor; the Grantor.is lawfully seized of the Property in fee simple; thatthe good right and lawfuI authority to sell and coavey the ProPerfy; that the Grantor hereby fi.rlly waffants the title to the through or undet the Grantor. defend the same against the lawful claims of all persons claiming by, on the Followiug Pagel .r.,..t. Vnta nr(la m l.tnn I l-t, /. ?e 1 2neA_h7e0-de,l 2-he oA -O o aA.la 12 1 AA E, Special Wananty Deed- pagc 2 rl Page 124 of 320 *** oR 6323 PG 3gg5 *** [Sipatue Page to Special V/arranty Deed] IN WITNESS WIIEREOF, the Grautor has hereuuto set the Grantor's hand and seal the day and year fust above written. Signed, sealed and delivered in our presence: PoLLY AvE, LLC, a Florida limited liability company Wifness Printed P.O. Addess: P.O. Address: t36O P"st Oat< e|vd. S ST-{TE OI'\'IRCINL,1. COL}TY OT RO.{TOi{E The foregoing instnunent was aclanowledged before me day of Jauuary, 2024 by Victor G. Bazzano Ambrosoni, behalf of the company, who [_] is personally knowa or [Seal] sy: iltblor O. fuzzzza,4nlrusoru Victor G. Binaro Ambrosoni, Manager physical presence or gl2online notarization, this 23 Ave, LLC, a Florida limited liability company, otr as identification. Uruguay I dentification ,9tate Of I'arfle: P&flessa ,{ct*g,ir tlte -|Il' (orrrnlssbn Er?:-- using 2-nal Audiof ideo VANESSA PAIZ Electronlc Notary Publlc Commonwealth of Virglnia Reglstratlon No. 7783998 My Commlssion Expires Jun 30, 2026 \l^ta n/(l. m l-lnn I lt. aae 1 2 nq{-h,7e0_4e 1 2_haeA _lrnaRA aA7 1 AR 4 Spccial Wananty Dced - Page 3 Roanoke Page 125 of 320 C-aunty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (2391 252-L036 | Emai!: G M DClientServices@col liercountyfl .gov www,col liercou ntyf l.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additionalsheets if necessary. a. lf 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 perce of such interest b. lf the property is owned by a CORPORATION, list the officers and stockholders and the percen of stock owned each c.lf the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the perce of interest Name and Address % of Ownership Name and Address % of Ownership Naples Preserve Villas, LLC 100%, 2385 NW Executive Center Drive, #370 Boca Raton, FL 33431 Persons with Equitable lnterest: Jeffrey E. Sobel and Samuel R. Sobel Name and Address % of Ownership oLl2023 Page 1 of 3 Page 126 of 320 e Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: 12391 252-LO35 | Emai!: G M DC|ientServices@co| IiercountyfLgov www.col liercou ntyfl.gov d. lf the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the ral an or limited rtners lf 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, stockhold beneficiaries, or a rtners: Date of Contract: f. lf any contingency clause or contract terms involve additional parties, list all individuals or officers, if a co rtnershi or trust: g. Date subject property acquired 112312024 ! teased: Term of lease years /months lf, Petitioner has option to buy, indicate the following: Name and Address % of Ownership Name and Address % of Ownership Name and Address otl2023 Page 2 of 3 Page 127 of 320 Crounty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, tlorida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountW,gov Date option terminates: _, or AFFIRM PROPERW OWNERSHIP INFORMATION Any petition required to have Property Ownershlp Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated applicatlon form. Any change in ownership whether individually or with a Trustee, Company or other interest-holdlng party, must be dlsclosed to Collier County immediately if such change occurs prior to the petition's final public hearing, As the outhorized ogent/opplicont for this petition, I ottest thot oll ol the inlormation indicoted on this checklist is included in this submittol pockoge. I understand thot foilure to include oll necessory submittol inJormdtion moy result in the deloy of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.col liercountyf l.gov/cityviewweb Questions? Email: GM Dclientservices@colliercountyfl .gov Naples Preserve Villas, LLC By f/>-t f z't? Age nt/Owner Signature Date Tz,$o sAp/oie Atent/Owner Name (please print) otl2023 Page 3 of 3 Date of option: _ Anticipated closing date: _ Page 128 of 320 2024 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCU MENT# L23OOO538OB4 Entity Name: NAPLES PRESERVE VILLAS, LLC Current Principal Place of Business: 2385 NW EXECUTIVE CENTER DR STE 370 BOCA RATON, FL 33431 FILED Apr 25, 2024 Secretary of State 50668'17180CC Current Mailing Address: 2385 NW EXECUTIVE CENTER DR STE 370 BOCA RATON, FL 33431 US FEI Number:93-4761162 Name and Address of Current Registered Agent: SOBEL, JEFFREY E 2385 NW EXECUTIVE CENTER DR STE 370 BOCA RATON, FL 33431 US Certificate of Status Desired: No Electronic Signature of Registered Agent Authorized Person(s) Detail : Title AUTHORIZED MEMBER Name SOBEL, JEFFREY E Address 2385 NW EXECUTIVE CENTER DR STE 370 City-State-Zip: BOCA RATON FL 33431 Date Title Name Address City-State-Zip: AUTHORIZED MEMBER SOBEL, SAMUEL R 2385 NW EXECUTIVE CENTER DR sTE 370 BOCA RATON FL 3343,1 Title Name Address City-State-Zip: AUTHORIZED MEMBER NAPLES PRESERVE VILLAS DEVELOPMENT LLC 2385 NW EXECUTIVE CENTER DR STE 370 BOCA RATON FL 33431 that my name appeas above, or on an attachment with all other like empowered, SIGNATURE: JEFFREY E. SOBEL AUTHORIZED MEMBER 0412512024 Electronic Signature of Signing Authorized person(s) Detail Date The above named entity submits this statement for the purpose of changing rts registered office or registered agent, or both, in the State of Florida. SIGNATURE: Page 129 of 320 Naples Preserve Villas, LtC 2385 NW Executive Center Drive Suite 370 Boca Raton, FL, 33431 Main Line (551) 994-3434 Letter oI Authorization Naples Preserve Villas, LLC Whose Address is: 2385 NW Executive Center Drive Suite 370 Boca Raton, Fl- 33431 Hereby designates: Tlrso San Jose 2385 NW Executive Center Drive Suite 370 Boca Raton, Fl- 33431 To act on behalf of Naples Preserve Villas, LLC for the purpose of submitting any application needed for permitting, zoning or construction contracts on property located at: ParcelOne: The East 1/2 ofthe Southwest ,4 of the Southwest 1/4 of the Northwest 1/4 of Sectlon 16, Township 50 South, Range 26 East, Less the North 30 Feet, the East 30 Feet and the South 30 Feetthereof, Collier County, Florida. AND ParcelTwo: The West V2 ofthe Southwest 1/4 of the Southwest V4 of the Northwest V4 of Section 15, Township 50 South, Range 26 East, lessthe North 30 Feet and the South 30 Feet, Collier County, Florida, Parcel lD# of 528080 1015816, Containlng approximately 8.7 total acres (378,972 Square feet) of land zoned mu ltifamily around address 5950 Onyx Clr, Naples, Fl- 34112 More commonly known as: Naples Preserve Villas, LLC By: Jeffrey E. sobel Its: Member N S SIGNA Owner or re Name (Printe Personally Kn or Produced ldentification_ v RE as to Fet, ,--ffi EVAN YNFANTE Not.rv Pulillc-Sl.ta o( Florld. co;milslon I HH 61603 Erpirr! 2021 0mc SSrOnml o8N ? of ldentification P.oduced_ Page 130 of 320 AFFIDAVIT OF AUTHORIZATION / l{r7>-s,(print name), as FOR PETITION NUMBERS(S} - PL202400041t6 (title, if lfa licable), swear or affirm and that t,Z applicable) of under oath, that I am the (choose one) owner applicant {,-J (company, ct purchase I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the county in accordance with this applicatjon and the Land Development Gode; All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; I have authorized the statf of Colljer County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this applicationi and that The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action We/l authorize LJA Engineering, Inc.to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: . lf the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres.. lf the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's 'Managing Member.". lf the applicant is a painership, then typically a painer can sign on behalf of the paftnership.. lf the aPplicant is a limited partnership, then the general paftner must sign and be identified as the 'general paftnef' of the named painership. . ff the applicant is a trust then they must include the trustee's name and the words "as trustee".. ln each instance, first determine the applicant's stafus, e.g., individual, corponte, trust, partnership, and then use tho appropriate format tor that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it true. Signature STATE OF FLORIDA COUNTY OF COLLIER 2 4 5 \ The foregoing inslrument was acknowleged before me by means of flfphys?O 6.t s1 APRZL ,20!1, iy (prinrea n"." ot o*n", o, firit,"4 ical presence or Eonline notarization thisf Zrcs " .fa ". 7ct1'6 Notary Signature Commis!ion ErPirss EVA NY bllc- NTA EFN d.Fttt6 loriofsuNotr 6 360HHtm!oomc cP\08-coa-00115\l5s REV 3/41020 ot//3o/Zattt Da/e Such person(s) Notary Public must check applicable box: El Are personally known lo me I Has produced a current drivers license E Has produced _ as identirication. /l Page 131 of 320 PL20240004116 Naples Preserve Villas, IIC 2385 NW Executive Center Drive Suite 370 Boca Raton, F1,33431 Main Line (561) 994-3434 Letter of Authorization Naples Preserve Villas, LLC Whose Address is: 2385 NW Executive Center Drive Suite 370 Boca Raton, Fl.33431 Hereby designates: Tirso San Jose 2385 NW Executive Center Drive Suite 370 Boca Raton, FL,33431 To act on beha lf of Naples Preserve Villas, LLC for the purpose of submitting a ny application needed for permitting zoning or construction contracts on property located at: Parcel One: The East 7/2 ol the Southwest 7/4 of the Southwest L/4 ol the Northwest 1/4 of Section 16, Township 50 South, Range 26 East, Less the North 30 Feet, the East 30 Feet and the South 30 Feet thereof, Collier County, Florida. AND Parcel Two: The West V2 of the Southwest t/4 of the Southwest 7/4 of the Northwest 1/4 of Section 15, Township 50 South, Range 26 East, less the North 30 Feet and the South 30 Feet, Collier County, Florida. Parcel lD# of 528080 1015816, Containing approximately 8.7 total acres (378,972 Square feet) of land zoned multifamily around address 5950 Onyx Cir, Naples, FL,34L12 More commonly known as: Naples Preserve Villas, LLC Signed this 11th limited By: Jeffrey E. Sobel Its: Member ? NOT{RY'S RE as to Owner orVAt{ or Produced I dentif ication_ re Name Personally of ldentification Produced_ ) Page 132 of 320 c,ffi*Covmty Public Utilities Department Engineering & Project Management DivisionAptil L2,2024 Kyle Poorman Land Development 7400 Trail Blvd., Suite 200 Naples, FL 34108 Su bject: Project: Parcel #: VIA: E-MAIL kpoorman @ lja.com Water and Wastewater Service Availability Na ples Preserve Villas 64537000959 Dear Kyle: The subject project is in the service areas of the Collier County Water-Sewer District's (CCWSD) regional potable water system and South Collier Water Reclamation Facility. Connection to the CCWSD's water distribution and wastewater collection systems will be permitted only after the GMD Development Review Division's approval of hydraulic calculations prepared by the Developer's Engineer of Record in accordance with the Design Criteria found in Section 1 of the Collier County Water-Sewer District Utilities Standards Manual. Adequate capacity to this project is not guaranteed until the project receives a commitment for service. Water service is available to the site via a 10" PVC water line running along Santa Barbara BLVD and 8" pVC along the north side of Adkins Ave. Potable water is available for domestic use, fire protection, and irrigation, subiect to the provisions of LDC 4.03.08 C, the Collier County lrrigation Ordinance l2OL5-77],, and other applicable rules and regulations. Potablewatersourcepressureshallbeverifiedbytheresultsof afireflowtest not older than six months, in accordance with subsection 2.2.1, paragraph A. Wastewater service is available to the site via 30" PVC force main running along the north side of Polly Ave. Please contact the Wastewater Engineering Section (WasteWaterEngineerinq@colliercountvfl.gov) to confirm downstream wastewater transmission system capacity and force main connection pressure. A preliminary utility plan must be reviewed and discussed at a pre-submittal conference with representatives of the Public Utilities Department and the Growth Management Department, as required by Sec. 134-58, paragraph (bX2) of the Code of Ordinances. This conference may be conducted by email at the discretion of the Public Utilities Department. Please contact Joanna Nicholson (Joanna. N icholson@colliercountvfl.eov) for assistance with this requ irement. Ptl'b uflibs ErqnesirE & Prcied lllaEgelrE{Il Dil/tul ' 3339 TamEmi rrail East. suile 303 . Naptes, Fto nda u112-5&1 Q3g-2524285 , FiU.23g-252-5378 Page 133 of 320 See the attached GIS screenshot for approximate utility locations. Record drawings for CCWSD utility infrastructure can be requested by emailing Utility Planning (UtilitvPlannins lliercou ntvfl.sov). Respectfully, Va rg a s C 9:?t:['"il',1:"", Iaudia ?ii;;','i!;ffi;i; Claudia Vargas Pu blic Utilities Department Operations Support Specialist ll, Engineering and Project Management CC Howard Brogdon, Division Director, PUD/WD; Robert Von Holle, Division Director, pUD/WWD; Matthew Mclean, Division Director, PUD/EPMD; Joe Bellone, Division Director, pUD/FOSD; Craig pajer, Division Director, PUD/SRU; Ben Bullert, Supervisor Project Manager (Licensed) - Water, pUD/EpMD; Shon Fandrich, Supervisor Project Manager (Licensed) - Wastewater, pUD/EpMD; Brett Rosenblum, Supervisor Project Manager (Licensed), GMD/DRD; Joanna Nicholson, Site plans Reviewer , GMD/DRD; Utility Pla nning Section Page 134 of 320 G lS Screenshot (Overview) A-\5 I I I ! + l] 5975 5927 5950 5963 595 1 I - J_' -Ln--.i Ill .I Page 135 of 320 GIS Screenshot (Water Connection) I e o IL ,,59?5 5527 I 595 1 oz + 597 5 wS, 5iamrratE_O03so79 1 T -l* -.-Y 5963 E 5990 5950 Page 136 of 320 GIS Screenshot (Wastewater Con nection ) ssMan I LJ vtLVJ64Ai,i&= !II vc 'qq -------I f =- Page 137 of 320 ONYX RPUD PDI J ustifications for Deviations Deviations 1-3 No Changes Deviation 4: A deviation from LDC Section 4.07 .02.G.L, Open space requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. Justification: As stated, the Applicant is requesting a deviation from the 60% open space requirement to allow 40% open space to address the conflict created by the platting regulations and with the definition of useable open space. The LDC definition of useable open space: Open spoce, usoble: Active or possive recreotion oreos such as parks, ploygrounds, tennis courts, golf courses, beach frontoge, woterwoys, lokes, lagoons, floodploins, noture troils ond other similor open spoces. usable open spoce oreos sholl olso include those portions of areas set oside for preservation of notive vegetotion, required yards (setbocks) ond londscaped oreos, which ore occessible to and usable by residents of on individual lot, the development, or the general public. Open woter oreo beyond the perimeter of the site, street rights-of-way, drivewoys, off-street porking ond loading oreas, shall not be counted towords required Usoble Open Space. This last sentence is what creates the conflict. The platting ofthe project results in privately owned street rights-of-way that coincides with the platted residential unit's lot lines. The sidewalks and some of the gree n space/la ndsca pe areas are located within the platted rights of way. These elements were included in the open space calculations on the SDP. This request is to simply allow the same elements to be included in the useable open space calculations on the Townhouse Site Plan and Plat. Exhibit B - Draft Plat Plan depicts this scenario. The approved SDP P120190002911 -Exhibit C and the Draft plat plan have the same layout with the similar amount of open space of 4.67 acres. The following open space table approved for the SDP notes that the preserve, green space, sidewalk, & pool deck are included in the open space table. Onyx RPUD Ordinance No. 16-24 - Insubstantial Change to a pUD (pDl) qL2O24OOO4:I16 Last Revised June 5, 2024 Page 138 of 320 USABTT OPEH SPACE REQUIREMENT PER LDC LO8,O2 MIX USE AC otto ToTAL REQUTRED (7.79 AC X 0.6)4.67 6tr/6 TOTAL PROVIDEDI'4,67 6tr/6 r ( PRESERVE+GREEN SPACE+SI DEWALK+DECK)/( 7,79 AC) A Since the plat layout is essentially the same as the SDP, the open space required and provided will be exactly the same 4.67 acres when the sidewalks and green space within the private platted rights-of-way are included. See Exhibit E which depicts the open space elements that are within the platted rights-of-way. Onyx RPUD Ordinance No. 16-24 - Insubstantial Change to a PUD (pDD pL20240004116 Last Revised June 5,2024 Page 139 of 320 :R E:T o;6 E} t3 I 68 o { e zo zI{ !d o 2kt.5 SHIR 01 0l & ot i TalLg:_-_:_: I EXHIBIT E . OPEN SPACE DEVIATION I +_ I I I.EGEND: tlr Londscoped Areos (Useoble Open Spoce) Sidewolks (Useoble Open Spoce) 59 R.O.W 50 LOW 5d 8.OW lIt I .t ,:l-i ,'l -i,:ll-r t l_-l_J--t I I .t L , . t, {.t- I t I it z.;t t- t I :l I I { t I r-l =--rt + = .l- ilr -2-l -Jlr I I I t ,t E 23{lr (oNfr) Page 140 of 320 - soBEL FUND tV LLc lr"*"h ^Lr suwrY* ltu()M1ffiIVLU8 T M* lldd! lL.@atMtEiL.^ n t -HM*:.-ffiffi -- - 16- sozs'ES p I ---IEM 9CW*RVANN EA$MENII A@K 5605 PAG 1211 FH $x 9d 3B - E; HU s1.92'(C) CWNft RM*$TANN SYMAOLS LECEND o - Fm !A' no @/cp a-FmxiILlog o. Fm ffiE ra*rt . - sI 5A'm mrcP fl-&amAI -_wmtEm X- l E VAE --Sa-ffiI&G a-srwM B . 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ACCCDING IO ftOERAL EM€RENCY HANAGIENI AEICY!25rS, rlm TNSURANe R^t MAp NIIBER t202lc,$MIX H, OAI OF FIRX INDET IAY I€, 2012, frE SUMCT PREERft LES NzN $. sn l alg [@ ELEv^nd 6 t. Ar frt nrE tr E9n6 s Hrs sEt nB aEy^ fiFrunoHM ftOI MIN SUATIIE TO frE LEI EU MG^LSnI L@ Al @O[S m m frrA eB6rB RECmNC BEvtDn ANo $FAO!*CY S ffrS Erl OrTA. BER mMff $OD * BTAINED PRIS IO ruLYNC OT N6 OATA, CNTACI fuB CONTY GROWil !,i$ryi!lr3.iafl!:!j: 2m N. ffisE$G DirE. raPrs. nmo^ J4ro.. nrs lRwY w s PruPAR@ sn H mEFrr tr A nu c*rrilE{r reaRED BY 40 @U&C NAnq[ nU fi$RrNG frpNi ryrrffEXr f,u*oml4a77r. durilENr oaE trffi [. 202J. hq ftE sGtoult t-n. ffEltuosxc EtGPnils &E gm ao oENnoo d frls $REy 3. 9-torxePnss 1-5. 7-6 Bofl fficr aur {t aoI tuonr& BLMI N NArunreD r-r2 AiE NOI PLOftA8E. CERNNEO rc: SEL ruNO V, LLCI dO REfuBLIC NANO& NtrE IN$RANC cilPANY. NAPUS PftSW VtrAa [C, A tlffro^ Lryttro L[AuTyC*NYi CRrE r. mlE. P.A.r XAUAN [P HS rS TO @nF! hAt HS tp O Ut S0 nE Mf,y d s0 rT rsaAsD ffi x& il Am^E tfi fft Mt rrtw sTAom dTeft&naaE m [t^Ags t& [M $REE Eity 6r&$0 N@Eo ay &rr aD f,$i riD r@Es rErs r-{ {d, (Dn. {d. C r,r!, ra ra a0 E f t & A fift6 BE nEoffi XAs cmfrO C orE tr 4Ar fi rp: xNUeY 12, 202a:s.dr"* ewnhil4ffiHffir :t. F POLLY AVENUE 60' --r @ 80u 620t 2022 LLC PC 2J52 I I I I I I I I + I I I I I I I I I B 0 d \ U h- I I I (r.re NE eB)t ) sl I .l I I l t t I I I (I Tl l\ FEETsWH JO FEEI ANO hE ftSf 67'd H€REff, cquER @Nft. 4@IoA. r,9 r \:: J. tfv nGs & arso d NAW olrur. Page 141 of 320 EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. 1. A deviation from LDC Section 6.06.02. A.2 which requires that a S-foot wide sidewalk be provided on both sides of public and private rights-of-way or easements which are internal to the site, to instead provide a S-foot wide sidewalk on one side of the private right-of-way as depicted in the master plan (Exhibit C). The sidewalk may only be omitted on one side of a street which is immediately adjacent to the rear of the structures and where no driveway accesses are provided. When residential units front on or have driveway access to both sides of a street, sidewalks shall be provided on both sides of the right of way. Where the sidewalk is omitted, the owner shall installType D landscape material in its place. A landscape buffer easement is not required for these plantings. 2. A deviation from LDC Section 2.03.07 D.4.9 which requires, upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRl, TDR credits and TDR Bonus credits shall be redeemed at a rate proportionalto percentage of the PUD or DRI's approved gross density that is derived through TOR credits and TOR Bonus credits, to instead permit the developer to construct all units from base density (35 units) before requiring application of TDR credits. 3. A deviation from LDC Section 6.06.01.N which establishes the minimum right-of-way width of 60 feet be utilized, to instead establish that all internal roadways, if platted, may be reduced to a 50 foot right-of-way configuration in accordance with the right- of-way cross section attached to the l/aster Plan Exhibit C. 4.A deviation from LDC Section 4.07.02.G.1. Ooen sDace reouirements.which requires Residential PUD districts to provide a minimum of 60% u ble open space to allow 40% useable open space. Onyx RPUD Ordinance No. 1 6-24 - Insubstantial Change to a PUD (PDI) PL202400041 1 6 Last Revised ltne 5,2024 Words underlined are added. Page 142 of 320 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for Single-Family and tr/ulti-Family Residential land uses within the proposed Residential Planned Unit Development (RPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE I -RESIDENTIAL DEVELOPMENT STANDARDS M!tr+l+Adr{lt+ DWEttING & TEWNHEUSE (R) TOWNHOUSE LRl SINGLE-FAMILY DWELLING/ ZERO LOT LINE (R) AMENIry CENTER (AC) ACCESSORY STRUCTURES MINIMUM LOT AREA NIA 1.800 souare feet 3,500 square feet N/A N/A MINIMUM LOT WIDTH 6e-Feet 20 Feet 35 Feet N/A N/A MINIMUM FLOOR AREA OF BUILDINGS f;+eO-s+are- fee+{pe+++*)1.400 square feet oer Unit 1,400 square feet 750 square feet N/A MINIMUM BUILDING SETBACK (From Pollv Avenue) TeJeet 70 feet 70 feet NA 35 feet MINIMUM BUILDING SETBACK (From Sunset Avenue) 1€O-f€et 150 feet 150 feet 150 feet 150 feet MINIMUM BUILDING SETBACK (From Santa Barbara Avenue) 3etuet 30 feet 30 feet 30 feet 30 feet MINIMUM BUILDING SETBACK (From Adkins Ave ROW) 2eJeet 20 feet 20 feet 20 feet 20 feet Page 1 of 3 Revised July 15,2024 Page 143 of 320 MUtI FNMTY DWEItING & TOWNHEUSE a) TOWNHOUSE G) SINGLE-FATUILY DWELLING/ ZERO LOT LINE (R) AMENITY CENTER (AC) ACCESSORY STRUCTURES MINIMUM DISTANCE BETWEEN STRUCTURES Principal Structure Accessory Structure 25{ee+ {Sfieet 20 feet 10 feet 12 leet 0 or 10 feet N/A 10 feet SPS MINIMUM INTERNAL SETBACKS Front Yard Side Yard Rear Yard 2€Jee+ 2e-fee+ 2eJee+ 20/6 feet (2X5) 0/6 feet (4) 10 feet 20 feet 6 feet, or 0'on one side and 12' on the other 20 feet 2O 10 feet 10/15 feet(6) 2O 10 feet SPS Z0jeet {9bet 20jee{ SETBACKS FROM LANDSCAPE BUFFER EASEMENT (L.B.E.) 13) {-O{eet 10 feet Perimeter Buffer 0 feet lnternal Buffer 10 feet 4{I{ee+ 10 feet Perimeter Buffer 0 feet lntemal Buffer {4tue+ 10 feet Perimeter Buffer 0 feet lnternal Buffer PRESERVE SETBACK 25 feet 10 feet MAXIMUM ZONED HEIGHT 2-steries-&€5 feet 2 stories & 35 feet 2 stories & 35 feet 1 story & 25 feet 35 feet MAXIMUM ACTUAL HEIGHT 2-ste+ies*an f€et 2 stories & 42 feet 2 stories & 42 feet 1 story & 25 feet 42feet Page 2 of 3 Revised July 15,2024 Page 144 of 320 Footnotes apply as noted M: zurbed) er edge ef pavement (if net eurbed), This weuld apply te multi- family develepment traets that 2. Front yard setback from the back of sidewalk to the face of the garage door must be a minimum of 23 feet for internal private roads. 3.AllL.B.E.'sshallbeplaftedaSseparatetractsoreasementsonthePlat. 4. 0/6 side vard - Zero (0) ft. for shared walls and six (6) ft. for exterior side walls of the units from a lot line. 5. Lots that have more than one front vard mav reduce the front vard adiacent to the side of the structure that does not have a drivewav. to six (6) ft. from a lot line. 6. Amenifu Center - A 15ft. setback is reouired onlv at the south orooertv line/tract line. Page 3 of 3 Revised July 15,2024 Page 145 of 320 Re: 239.597.3111 FBPE: 31 200 FDACS: LBB41 6 www.LJAcom 7400 Trail Blvd. Suite 200, Naples, Florida 34108 September 11,2024 The Intake Team Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Via E-Permitting Onyx RPUD Ordinance No.16-24 - Insubstantial Change to a PUD (PDI) PL20240004116 Neighborhood Information Meeting Compliance Dear Intake Team Attached to this cover letter are the following documents in accordance with Collier County's Neighborhood Information Meeting requirements : o Affidavit of Compliance . Neighborhood Information Meeting Advertisement as shown inthe Naples Daily News. Neighborhood Information Meeting Property Owner Letterso Property Owner Mailing List o Affidavit of Publication from the Naples Daily Newso Neighborhood Information Meeting Summaryo Neighborhood Information Meeting Sign-ln Sheeto PowerPoint Presentation (in PDF format) o Recording of the Neighborhood Information Meeting (uploacled separately at an Mp|.file) If you have any questions, you may reach me by telephone or email at memblidge@lja.com. Sincerely, LJA ENGINEERING,INC. l4wgar6tmbl,idaet Margaret E. Emblidge, AICP Planning Director MEB/drr Enclosures K:\2023tr3-0145 Santa Barbara Place Villas\Correspondences\DocumentsU.JIM (PDl)\Compliance\Cover Letter.docx Page 146 of 320 Neighborhood lnformation Meeting Affidavit of Compliance I hereby certifu that pursuant to Ordinance 200441, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appe and I did give notice by mail to the following property owners and/or condominium and civic associations whose memben may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requiremmt, the names and addresses of property otners shall be deemed those appearing on the latest tax rolls of Collier Counly and any other persons or entities who have made a formal request of the County to be noti,fied. The said notice contained the la)rmen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature of plicant) STATE OF FLORI The foregping in tnt4daay ot DA, COUNW OF COTTIER strument was acknowledg August ,2024,by ed before me by means of Margaret Emblidge physical presence or !online registration who is as identification ature o Nota Public Denise R. Rakich Print Name of Notary Public or [has produced J, lgn iffi:DEt{tsE R. MXrS CdnnlsCor t Hll 2',lt0 ESl!! ffey 2{, ,()AC Z personally known to me Page 147 of 320 PETITION2 PL20240004116 - Onyx PDI (Insubstantial Change to PUD) The public is invited to attend a neighborhood information meeting in person or via Zoom held by Margaret Emblidge, AICP, of LJA Engineering, Inc. Tuesday, September 10,2024, at 5:30 PM Collier County - South Regional Library* 8065 Lely Cultural Parkway Naples, FL 34113 *The Collier County Public Library does not sponsor or endorse this program. Subject Property: Parcel No 00418680009 The property owner is petitioning Collier County to approve the revision of PUD Exhibit B, Table I, to specify internal development standards for a platted townhouse development and request a deviation on the subject property. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation, review project materials and discuss the project with the owner and Collier County staff. If you are unable to attend this meeting but have questions or comments, they can be directed by mail, phone or e-mail to: Margaret Emblidge, AICP LJA Engineering,Inc. 7400 Trail Boulevard, Suite 200 Naples, FL 34108 Telephone: (239) 597 -3Lll Email: memblidge@LJA.com Project Location \tlLinr.\\ [. J NEIGHBORHOOD INFORMATION MEETING Zoom Meeting Link: https.,llljazoom.us/j/84846516060?pwd:LmhVttoyQEGYIzlLaEiTnAYnJk5XtN.l Meting ID: 848 4651 6060 Passcode:988153 + Page 148 of 320 239.597.31't1 FBPR:31200 FDACS:188416 www.LJA.com 7400 Trail Blvd. Suite 200, Naples, Florida 34108 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of an Insubstantial Change to PUD under PL20240004116. The applicant is petitioning Collier County to approve the revision of PUD Exhibit B, Table l, to specify internal development standards for a platted townhouse development and request a deviation on the subject property. In compliance with the Collier County Land Development Code requirements, a Neighborhood Information Meeting will be held on Tuesday, September 1012024, at 5:30 pm at the Collier County South Regional Library, Meeting Room B, 8065 Lely Cultural Parkway, Naples, FL 34113. (The Collier County Public Library does not sponsor or endorse this program.) Subject Property: Parcel No 00418680009 The subject property is located on the east side of Santa Barbara Boulevard abutting Adkins Avenue on the north and Polly Avenue on the south. The purpose and intent of this Neighborhood Information Meeting is to provide the public with notice of an impending zoningapplication and to foster communication between the applicant and the public. The expectation is that all attendees will conduct themselves in such a manner that their presence will not interfere with the orderly progress of the meeting. At this meeting, the petitioner will explain the project in detail, record your input as an interested neighbor and answer any questions you may have. If you have any questions, comments or do not feel comfortable attending the meeting in person, you do have the opportunity to participate virtually via an online Zoom meeting. Please note that remote participation is provided as a courtesy and is at the user's risk. The petitioner and LJA Engineering are not responsible for technical issues. The link and passcode for the online zoom meeting are shown below. Zoom Meeting Link: https://lja.zoom.us/j 184846516060?pwd:LmhVttoyQEGYIzILaEiTnAYnJk5XtN.l Meeting ID: 848 4651 6060 Passcode: 988153 LJA ENGINEERING,INC. l,largardCml>l,idao Margaret Emblidge, AICP Planning Director 7400 Trail Boulevard, Suite 200 Naples, FL 34108 Telephone: (239) 597 -31 ll Email: memblidge@lja.com ProJect Location .il- I I I Page 149 of 320 Public Notices Public Notices Naples Daily News - 0412212024 Yoll] Source for the latest... Your Source Your Source Page:DIo Public Notices NEIGHBORHOOD INFORMATION MEETING PETITION: PL20240004116 - Onyx PDI (lnsubstantial Change to PUD) The public is invited to attend a neighborhood information meeting in person or via Zoom held by Margaret Emblidge, AICB of LJA Engineering, lnc. Tuesday, September 10,2024, at 5:30 PM Collier County - South Regional Library* 8065 Lely Cultural Parkway Naples, FL 341 13 .The Collier County Public Library does not sponsor or endorse this program. Subject Property: Parcel No 00418680009 Projecl Location td/ The property owner is petitioning Collier County to approve the revision of PUD Exhibit B, Table l, to specify internal development standards for a platted townhouse development and request a deviation on the subject property. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation, review pro.ject materials and discuss the project with the owner and Collier County staff. lf you are unable to attend this meeting but have questions or comments, they can be directed by mail, phone or e-mail to: Margaret Emblidge, AICP LJA Engineering, lnc. 7400 Trail Boulevard, Suite 200 Naples, FL 34108 Telephone: (239) 597-31 1 1 Email: memblidge@LJA,com Zoom Meetin g Link: https ://l ja. zoom.us/j/ 848465 1 6060? pwd=LmhVttoyQEGYlzlLaEiTnAYnJk5XtN. 1 Meting !D: 848 4651 6060 Passcode: 988153 August 23,2024 5:57 pm (GMT-4:00)Powered by TECNAVIA for the latest...for the latest.,. I 1 =s#,F/ Page 150 of 320 ONYX PDI NIM Notice: This data belongs to the collier County Property Appraiser's Office (CGPA). Therefore, the recipient agrees not to represent this data to anyone as other thanCCPA provided data' The recipient may not transfer this data to others without consent from the ccpA.rtkr I't.tHftI3rft l artu # i tlkiiliftlEr t tilrt.Dffi mrffiB .. BALLARD, DAVID H & BARBARA L -__ 60'9 POLLVAVE BARCELO, DAGOBERTO ALEJANDRO BARCELO 6090 EVERETTST BARCELO, DAGOBERTO ALEJANDRO BARCELO 6090 EVERETTST BCLMCJ LLC 6 CASTLE DR BLOOM, JAMES&SAMANTHA 6072 POLLYAVE BLOOM, JAMES STEWART 6072 POLLYAVE BLOOM, JAMESSTEWART SAMANTHA BLOOM 6072 POLLYAVE BONNER, WILLIAM J & CHERYL C 1460 BLUE COURSE DR APT 14 CLAUSELL, ANTONIO & CECILIA 1 5913 SW 43RD STREET coLLlER CNTY TRANSpoRTATIoN RtcHT-oF-wAy zBBs HoRSESHoE DRrvE s COUPLAND, GENE ALAN HELYN CHRISTINE COUPLAND 3953 ROYAL WOOD BLVD DIAZ, KENNYYUSET 6067 POLLYAVE ELBA DEVELOPMENT CORP 600 5TH AVE S STE 207 ELBA DEVELOPMENT CORP 600 5TH AVE S STE 207 EVELY FAMILY REVOCABLE TRUST 6080 EVERETT ST FONTAINE, SUZANNE O 3865 ROYALWOOD BLVD GALDAMEZ, DAVID ULISES AGNERYS CANIZAREZ 6098 EVERETT ST GONZALEZ, MADERLINE 6066ADKINSAVE GOREY, PAUL J PAUL J GoREY II 3733 RoYAL WooD BLVD HINGSTON, SHIRLEY 3755 ROYAL WOOD BLVD IM, RICHARD J & HELEN 3843 ROYAL WOOD BLVD JONES, ROBERTO 6100 POLLYAVE JONES, WILLIAM L & BARBARA F 3OOO COUNTY BARN RDKNOTCOLDLLC 12CRESCENTAVE LAKE & WETLAND MANAGEMENT-WEST COAST INC 938 TROPIC BLVD LANNING, SUSAN M ROBERT K GRISDALE 3982 ROYAL WOOD BLVDLAPORTE, DONALD J & PATRICIA A 2OO1 MARINA DR #410LUTZ,MARYM 3931 ROYALWOODBLVD MATTHEW&TERYLS KOONMEN REVOCABLETRUST 3887 ROYALWOOD BLVD MICHAEL S SCHOESSEL REV TRUST KERI LYNNE SCHOESSEL REV TRUST 4314 SUNSET BLVD MURPHY, LANCE W & MAUREEN A 4O1O ROYAL WOOD BLVD NAPLES PRESERVE VILLAS LLC 2385 NW EXECUTIVE CENTER DR STE#370 NAPLES PRESERVE VILLAS LLC 2385 NW EXECUTIVE CENTER DR STE#370 NAPLES PRESERVE VILLAS LLC 2385 NW EXECUTIVE CENTER DR STE #370 NAPLES PRESERVE VILLAS LLC 2385 NW EXECUTIVE CENTER DR STE #370 NAPLES PRESERVE VILLAS LLC 2385 NW EXECUTIVE CENTER DR STE #370 NAPLES PRESERVE VILLAS LLC 2385 NW EXECUTIVE CENTER DR STE #370 NAiIEI NAME6 NAME6 NAPLES, FL 34112..-2985 NAPLES, FL 34112---0 NAPLES, FL 34112---0 WILMINGTON, MA 0,I887.--0 NAPLES, FL 34112---0 NAPLES, FL 341 12...2946 NAPLES, FL 34112..-0 STATE COLLEGE, PA 1680,I.--O MtAMt, FL 33185---0 NAPLES, FL 34104---O NAPLES, FL 34112---8842 NAPLES, FL 34112_-O NAPLES, FL 34102...6642 NAPLES, FL 34102-_6642 NAPLES, FL 34112--2938 NAPLES, FL 34112---2853 NAPLES, FL 34112-..0 NAPLES, FL 34112---2979 NAPLES, FL 34112---8840 NAPLES, FL 34112---8840 NAPLES, FL 34112--0 NAPLES, FL 34112.-.0 NAPLES, FL 34112---5438 WINDHAM, ME 04062--.0 DELRAY BEACH, FL 33483--0 NAPLES, FL 34112.--0 QU|NCY, MA 02171---0 NAPLES, FL 34112---8842 NAPLES, FL 34112---0 NAPLES, FL 34112___2959 NAPLES, FL 34112---8843 BOCA RATON, FL 33431---O BOCA RATON, FL 33431---O BOCA RATON, FL 33431---0 BOCA RATON, FL 33431_-O BOCA RATON, FL 33431---0 BOCA RATON. FL 33431--O Onyx PDI NIM - Property Owner List 500 Feet 1 Page 151 of 320 2 NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILTAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILLAS LLC NAPLES PRESERVE VILTAS LLC NELSON FAI\4ILY REVOCABLE TRUST BOCA RATON, FL 33431-O BOCA RATON, FL 33431-.0 BOCA RATON, FL 33431_-O BOCA RATON, FL 33431_-0 BOCA RATON, FL 3343,1--0 BOCA RATON, FL 33431--0 BOCA RATON, FL 33431_-0 BOCA RATON, FL 33431_-0 BOCA RATON, FL 33431-0 BOCA RATON, FL 33431-_O BOCA RATON, FL 33431-_O AOCA RATON. FL 33431-.0 BOCA RATON. FL 33431.-0 BOCA RATON. FL 33431-.0 BOCA RATON. FL 3343,1--0 BOCA RATON, FL 33431--0 BOCA RATON, FL 33431_0 BOCA RATON, FL 3343'1_0 BOCA RATON, FL 33431-0 BOCA RATON, FL 33431-0 BOCA RATON, FL 33431-O BOCA RATON, FL 33431..0 BOCA RATON, FL 33431--O BOCA RATON, FL 33431--0 BOCA RATON, FL 33431---0 BOCA RATON, FL 33431---0 BOCA RATON, FL 33431---0 BOCA RATON, FL 3343'1--O BOCA RATON, FL 33431-.0 BOCA RATON. FL 33431...0 BOCA RATON, FL 33431-.0 BOCA RATON, FL 33431-0 BOCA RATON, FL 33431-0 BOCA RATON, FL 33431-_O BOCA RATON, FL 33431_O BOCA RATON, FL 3343I---O BOCA RATON, FL 33431-_0 BOCA RATON, FL 33431-_0 BOCA RATON, FL 33431---O BOCA RAION, FL 33431-_0 BOCA RATON, FL 33431.-0 BOCA RATON, FL 33431_0 NAPLES, FL 34113-4019 STE #370 STE #370 STE #370 STE #370 STE #370 STE #370 STE #370 sTE #370 STE #370 STE #370 sTE #370 STE #370 sTE #370 STE #370 sTE #370 sTE #370 STE #370 STE #370 STE #370 STE #370 STE #370 STE #370 srE #370 srE #370 srE #370 STE #370 STE #370 STE #370 STE #370 STE #370 STE #370 STE #370 STE #370 STE #370 STE #370 sTE #370 sTE #370 STE #370 STE #370 sTE #370 sTE #370 sTE #370 Onyx PDI Nllvl - Property Owner List 500 Feet 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUIIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 2385 NW EXECUTIVE CENTER DR 23 PELICAN ST E Page 152 of 320 3 PHELPS. BRADA PHYLLIS T BOND TRUST RHODES, ELIZABETH ANN RIPPINGER, DENISE L ROMAN, ALEXANDER QUINN ROYAL WOOD MASTER ASSOC INC ROYAL WOOD N,,IASTER ASSOC INC SANTA BARBARA 2022 LLC STEPHANIE L RUBINO REV TRUST SIEPHEN HIIVISEL REV TRUSI THOI\4AS J FITZPATRICK 2019 TRAN, TUAN DINH VIGILIO, JOHN ERIK ONYX TOWNHOI\4E VILLAS A C 3777 ROYAL WOOD BLVD HAROLD H BOND JR TRUST 43OO SUNSET BLVD 3645 ROYAL WOOD BLVD 6050 EVERETT ST 43OO ROYAL WOOD BLVD 43OO ROYAL WOOD BLVD 14OO GULFSHORE BLVD N 4016 ROYAL WOOD BLVD 4538 NORTH STATEROAD 39 LIVING TRUST HUYEN CHINH CAO 678 RIVERSIDE AVE ON DO I\4IN IU I\4 3821 ROYAL WOOD BLVD 106 371,1 ROYAL WOOD BLVD 6051 POLLY AVE DANVILLE, IN 46122--O NAPLES, FL 34112_BA4O NAPLES, FL 34112_O NORWALK, CT 06850-_0 NAPLES, NAPLES, NAPLES, NAPLES, NAPLES, NAPLES, NAPLES, NAPLES, NAPLES, 112-A 112-0 112-2958 112*0 112--D 112--0 112--8A24 102-0 112-O FL 34 FL 34 FL 34 FL 34 FL 34 FL 34 FL 34 FL 34 FL 34 Onyx PDI NIM - Propedy Owner List 500 Feet Page 153 of 320 * LocaliQ Florida GANNETT AFFIDAVIT OF PUBI-ICATION Agnoli Barber Bmndage Inc LJA Engineering Inc.? 7400]iail BLVD # 200 Naples FL 14108-2855 STATE OF WISCONSIN. COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertlsing Representative of the Naples Daily News, a newspaper published in Collier County, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Classified Legal CLEGI. was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues oi on: 08127/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 08/22/2024 PO Box 631244 Cincinnati, OH 45253-1244 otary of I,Brown My commission expires PublicationCost: $1413.20 Tax Amount $0.00 Payment Cost $1413.20 Order No: 10491989 Customer No: 1125687 PO #: THIS IS NOT AN II.[/OICE! Ple asr do not $e thitlonn{ot Wneniemittance # of Copies 0 NANCY Nota HEYRMAN ry Pubtic State of Wlsco nsin Page 1 ol 2 5/5-fl Page 154 of 320 NEIGHBO HOOD INFORMATIO N MEETING PETITION: P[2O24O00,4116 - Onyx PDI (lnsubstantial Change to PUD) The public is invited to attend a neighborhood information meeting in person or via Zoom held by Margaret Emblidge, AICP, of LIA Engineering, lnc. Tuesday, September 10,2024, at 5:30 PM Collier County - South Regional Library* 8065 Lely Cultural Parkway Naples, FL 34113 .The Collier County Public Library does not sponsor or endorse this program. Subject Property: Parcel No 00418680009 The property owner is petitioning Collier County to approve the revision of PUD Exhibit B, Table l, to specify internal development standards for a platted townhouse development and request a deviation on the subject property. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation, review project materials and discuss the project with the owner and Collier County staff. lf you are unable to attend this meeting but have questions or comments, they can be directed by mail, phone or e-mail to: Margaret Emblidge, AlCp LJA Engineering, lnc. 74OO Trail Boulevard, Suite 200 Naples, FL 34109 Telephone: (299) S9Z-91 1 I Email: memblidge@LJA.com Zoom Meeting Link: https://lja.zoom. uVj/848465 1 6060? pwd=LmhWoyQEGYtzt LaEiTnAynJ k5XtN..1 Meting lD: 848 4651 6060 Passcode: 988153 I Prol6ct Location I 3i tJH -rll Page 155 of 320 239.597.3111 FBPR:31200 FDACS: LBB41 6 www.LJA.com 7400 Trail Blvd. Suite 200, Naples, Florida 34108 Date: Septemberll,2024 To: Tim Finn, Collier County From: Margaret Emblidge, AICP, Planning Director Re: NeighborhoodlnformationMeeting PL20240004116 - Onyx PDI (Insubstantial Change to PUD) Meeting Summary The Neighborhood Information MeetingforPL20240004116 - Onyx PDI (Insubstantial Change to PUD) was held on Tuesday, September 10,2024, at 5:30 PM at the Collier County - South Regional Library located at 8065 Lely Cultural Parkway, Naples, Florida 34113. Margaret Emblidge, AICP, Planning Director for LJA Engineering, introduced herself and the other project team in attendance: Jim Carr, P.E., LJA Engineering, Inc. Kyle Castillo, SobelCo Brent Bolde, Designer, LJA Engineering, Inc. Elise Wilcox, LJA Engineering, Inc. There were six (6) neighbors that attended in person, and no one called in through the Zoom link. The sign- in sheets are attached. Margaret presented the attached PowerPoint explaining the project: The Applicant, Naples Preserve Villas, LLC, is a requesting to amend the Onyx RPUD Ordinance No l6-24 pursuant to LDC Section 10.02.13.8.2. The following are proposed for this PUD Insubstantial Change: 1. The modification to Exhibit B Table I - Residential Development Standards to add internal development regulations for a fee simple ownership platted townhouse development; and 2. A deviation from LDC 4.07.02.G-1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60%o useable open space to allow 40% useable open space to address the challenges created by the platting regulations and the definition ofuseable open space. A history of the project was presented. It was explained that the current plan for the project is to construct a platted subdivision insteadof the previously planned condominium style development. An exhibit was reviewed that depicts the similarity of Uottr layouts. This included the buffers, wall and preserve to remain Page 156 of 320 the same as the previous plan. Also noted was the request will not increase the number of units (48) nor create external impacts. The revised internal development standards for the platted fee simple ownership townhouse product were reviewed. The requested deviation regarding open space was explained that it would address the conflict between the definition and the actual useable open space being provided. The sidewalks and open space elements within the private platted rights-of-way are technically not included in the useable open space. However, these elements are still provided and would result in the Townhouse Site Plan providing 4.67 acres of useable open : 60%. Exhibits depicting these elements were presented along with the overall landscape and buffer plan. The next steps were reviewed regarding the scheduled HEX meeting which will be held September 26, 2024, at I pm at the Growth Management Department located at 2800 North Horseshoe Drive, Room 6091610. Questions from the attendees: 1. Confirmed the single access from Adkins Avenue. 2. What would be done with the existing wall? - The wall will be repaired where needed. 3. Who will be responsible for the maintenance of the preserve area? - The owner has entered into an agreement with the County and SFWMD regarding the maintenance into perpetuity. 4. Asked what the height of the buildings will be - Confirmed they are two-story units with a zoned height of 35ft. 5. Asked about lighting - Confirmed that the development will meet the County requirements that includes shielded lamps, and the lighting plan will be submitted by a photometric consultant. 6. Asked about the outfall of the drainage system - The stormwater system will have an outfall into the Santa Barbara drainage swales and will not outfall anywhere else. Margaret Emblidge, AICP Planning Director LJA Engineering, Inc. memblidge@lja.com (239) s97-3111 Page 157 of 320 NEIGHBORHOOD INFORMATION MEETING PETITION; PL2O24OOO4L16 - ONYX PDI (INSUBSTANTIAL CHANGE TO PUD) TUESDAY, SEPTEMBER 10, 2O24t AT 5:3O PM COLLIER COUNTY . SOUTH REGIONAL LIBRARY 8065 LELY CULTURAL PARKWAY NAPLES, FL 34113 MEETING SIGN.IN NAME ADDRESS <rL"< 1 ts--<'" Cc-\ocf(d *1 r.t r*r-t Bt-4 PHONE EMAIL jl,rrs b[",^ (eo l' r oa'L r\\? -7J F*o"SY (tA Pz1 s .1<Lc".<o* Snn3bont 6(/4 3\il M ,Mk{V'ilI l^{xr-x)sv Page 158 of 320 NAME NEIGHBORHOOD INFORMATION MEETING PETITION: PL2O24OOO4116 - ONYX PDI (INSUBSTANTIAL CHANGE TO PUD) TUESDAY, SEPTEMBER 10, 2024, AT 5:3O PM COLLIER COUNTY - SOUTH REGIONAL LIBRARY 8065 LELY CULTURAL PARKWAY NAPLES, FL 34113 MEETING SIGN.IN ADDRESS PHONE EMAIL 6Tv I I..)r]Oce tlwvLnt B".lttey.-( I Pr ,., me- Page 159 of 320 o NAME lJoevukt\) €',, Tx6.- NEIGHBORHOOD INFORMATION MEETING PETITION: PL2O24OOO4116 - ONYX PDI (INSUBSTANTIAL CHANGE TO PUD) TUESDAY, SEPTEMBER LO,2024, AT 5:3O PM COLLIER COUNTY - SOUTH REGIONAL LIBRARY 8065 LELY CULTURAL PARKWAY NAPLES, FL 34113 MEETING SIGN.IN ADDRESS PHONE EMAIL Aogo Eueeetr zsl^sVl- o /J-O?tt1A.l Zu 26ou l"L*L. )--Zsl - Zsz-9lr,r-T,urr" r ,[4*- 6c.l[,"-r-*{XPl. cu^ e-o kr.1 .1- I Page 160 of 320 \\\-\ \<-I ONYX PUDI INSUBSTANTIAL CHANGE PL202400041 16 ,ab $.r rf ;{PLANNING & LANDSCAPE ARCH!TECTURE I I J I UI rrgir,\.\U t-x t*?t1$t'. ttl \ I 5 = L' L \! L lL\ \ t,rt r\t ,\N \ I / d YE Page 161 of 320 PROJECT TEAM Applicant and Owner: Naples Preserve Villas, LLC Land Use Planner: Margaret Emblidge, AICP - LJA, Engineering, lnc. Project Engineer: Jim Carr, P.E. - LJA, Engineering, Inc. tJ \HHi&t* Page 162 of 320 o. =zo -ktJoJ s \ l! d, .IHE g5E 29ii24() ist E H E F.t I 't E I Page 163 of 320 IJA\PLANNING & LANDSCAPE ARCHITECTURE The Applican! Naples Preserve Villa+ ttC, is a rcquesting to amend the Onyx RPUD Ordinance No. 15-24 pursuant to LDC Section 10.02.13.E.2. The foltowing are proposed for this PUD lnsubstantial Change: 1 the modification to Exhibit B Table 1 - Residential Development Standards to add internal development regulations for a fee simple ownership platted townhouse development; and 2. a deviation from tDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 6O% useable oPen space to allow 40% useable open space to address the challenges created by the platting regulations and the definition of useable oPen space. REQUEST Page 164 of 320 The onyx RPUD was approved on september 1 l, zo1i. A SFWMD Permit No. 11-100683-P was approved October 22,2018, and was subsequently extended on December G, ZOZ}. A site Development Plan (SDP) was approved on March 3, zozo. The sDp was based on developing a condominium style community. The original owner started construction of two condominium building+ the clubhouse and perimeter wall. Due to a number of issues construction stopped. The property was purchased by the applicant, Naples prcserve Villas, LLC. who has demolished the existing improvements except the perimeter wall which will remain. tJA\',ffHi&i,..HISTORY Page 165 of 320 PLAT vs. CONDOMINIUM The Plat creates 48 individual lots, one for each Townhouse, a tract for the Amenity Centeti and tracts for private right-of-way, common areas and Preserve. The front, rear and side yard setbacks for structures are measured to the internal Townhouse lot lines. Vs. A Condominium development is one big parcel of land. The front, reor and side yard setbacks for structures are meosured to the lot lines of the Condominium development porcel. There are no internol property lines. tJA\HHHfti,". Page 166 of 320 IIlIIIIIlaIII I F I l I I I Lc B IIlIIl:E E< la* I I I _ L(rot frtu,og)zJo- F J o. '-rl-- , ------J f I -;--- I -..,\'9{!trr.-{}1r.. S z Ja. UIF ln ! i7 i'ii liiri /:, ) I 1a-..'r l l: :1 { Ei a lil s \ H SHEz(Jl- 29.=z=o ist ;::;8,, iltI.t:j .-B z Jo. l- Jo. oullnoo.o&o. d zJa.Fzrll =a.oJ UI UIo EIF -ln olrl o&o.o. III I l Page 167 of 320 DEVELOPMENT STANDARDS EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for Single-Family and Multi-Family Residential land uses within the proposed Residential Planned Unit Development (RPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. TABLE I . RESIDENTIAL DEVELOPMENT STANDARDS [4lltIliEAl,lltY- E[AtEtUAr€F-& TgWt.IHEUSE (R) TOWNHOUSE a) SINGLE-FAMILY DWELLING/ ZERO LOT LINE (R) AMENITY CENTER (Ac) ACCESSORY STRUCTURES MINIMUM LOT AREA AIIA 1.800 souare feet 3,500 square feet N/A N/A MINIMUM LOT WIDTH 6e-Feel 20 Feet 35 Feet N/A N/A MINIMUM FLOOR AREA OF BUILDINGS +rqgg+,que+e- +eet-{per-unit)1.400 souare feet per Unit 1,400 square feet 750 square feet N/A MINIMUM BUILOING SETBACK (From Pollv Avenue) Tejee+70 feet 70 feet NA 35 feet MINIMUM BUILDING SETBACK lFrom Sunset Avenuel 45e+eet 1 50 feet 150 feet 150 feet 1 50 feet MINIMUM BUILDING SETBACK(From Santa Barbara Avenue) 3€Jeet 30 feet 30 feet 30 feet 30 feet MINIMUM BUILDING SETBACK(From Adkins Ave ROW) 2O-{6€t 20 feet 2O feet 20 feet 20 feet Page 1 of 3 Revised July 15,2024 . ,I I PLANNING &LrtAi ffi*i?€8f,". Page 168 of 320 DEVELOPM ENT STAN DARDS CONT. li{Utr+l+Aii{ltY. DWEtt|NG & TEWNHoUSE {R} TOWNHOUSE a} SINGLE-FAMILY DWELLING/ ZERO LOT LINE (R) AMENIry CENTER (AC) ACCESSORY STRUCTURES MINIMUM DISTANCE BETWEEN STRUCTURES Structure 2s-feet JSJeet 20 feet 10 feet 12feet O or 10 feet N/A 1O feet SPS MINIMUM INTERNAL SETBACKS Front Yard Side Yard Rear Yard estur SeJeet eeJeet 20/6 feet (2X5) 0/6 feet (4) 10 feet 20 feet 6 feet, or 0'on one side and 12'on the other 20 feet 3e 10 feet 1 0ll5 feet(6) ?el! feet SPS 2OJe€t J$fraet 2e+eet SETBACKS FROM LANDSCAPE BUFFER EASEMENT (L.B.E.)I3i {4.feet 10 feet Perimeter Buffer 0 feet lntemal Buffer 10 feet l+te€t l9-feet PgiCIelel Buffer O feet lnternal Buffer d$feet '10 feet Perimeter Mg 0 feet lnternal Buffer 25leet 10 feet MAXIMUM ZONED HEIGHT 3e,lerie€{.3,S {eet 2 stories & 35 feet 2 stories & 35 feet '1 story & 25 feet 35 feet MAXIMUM ACTUAL HEIGHT S+terie€"&a+ tuet 2 stories & 42 feet 2 stories & 42 feet 'l story & 25 feet 42feet Foolnoles apply lglgl l+il'{rects-end-l0t}.in-S€+Ug: '1, lf lhe psrel is dirsdy a€ttsoei bfa privat€ Crivevay; 8s$e6h is measureC ksm UE ba* ef 6u{b (i{ @ 2. Front yad seback ftom he bacl of sidewalk to ltp face oftre gange door musl be a minimum ol 23 feel for intarnal private roads. 3 All L.B.E.! shall be phtted as sepaate lmcts or eassmenls on he Pla[@ 4 0/6 side vard - Zem [0] fl. for shared walls and six 16) fr. fa exteior srde walls of tlre units from a lot line. 5. Lols hal have rttile Uun one lont vard rnav r€duce fie fr001 liard adiacenl lo the side 0f the strucbre tiat does nol luve a dnveyray. to srx 16) fl. ftom a hl line, 6. Amenrttl Cenlsr - A 15ft. setbad is reouired onh atthe south orooertv linenractline. Page 2 of 3 Revised July 15,2024 tJA\',ffHi&i,.= Page 169 of 320 obar.st ,, ui rI$*SEEE:tEg$ig E us ES:; u ur B-:= t S tEE'* s [E il$$I$:E $ EE* i$EIIEEI E :EE HEEF$EF$$ oaa l-tnEI3dIIIu zoIh : UIa lu IE euEzoF z=o ist s \Page 170 of 320 IJA\PLANNING & LANDSCAPE ARCHITECTURE . The last sentence of the definition of useable o pen space is what creates the conflict. . The platting of the project results in privately owned street rights-of-way that coincides with the platted residential unit's lot lines vs. tlie rights ofway that are not platted in a condominium development.. The sidewalks and some of the greenspace/landscape areas are located within the plafted rights of way which based on the definition would not be considered useable open space. Howeve[ these elements were included in the open space calculations on the Condominium SDP. . This request is to simply allow the same elements to be included in the useable open space calculations on the Townhouse Site Plan and Plat. DEVIATION J USTI FI CATION Page 171 of 320 s!!ii{ Itli sdt lrNo E )oiI ,86 tq I ac 66t-& '*<b 6E6,oofio I q, .E€ ;€!o oo l3 63 EI IIzo F =tlto tltI o.tazUILo I llt tso Ixlll FIEII.Lxul zo Ih I lJla lII TJ dln zulo.o g6. __t_ rr --+- rl T- I I I I L_ ,l I l I I tq L- I .,, I I li l I li - _t N .'0 lr rUiifl rl F:I 'lHr$ 3 II ---t r I I ulc EEEzoF =o=2=O I3t s \Page 172 of 320 tl@ i t6 ! :. =!. !. rri!! rfJ?1jSN]h DNd YWIIW YTNYS iiEB E!ai IIIlt fiif,i I9!H Nfd llts ltY& o s , :l 3 Irrie EI a r t r -, llt I t:l tt tl , I I !r :ia r ;ilT I a : tI e6*.r rereE lJ 'NorvE v)orotE 3rns t^rxou31N3) 3^tln)fn 'AN 98tZ'f l.l'sylIrA l^dls3ud sildvN rd r l3 t lliiII: i II rlti3 = II ";.ii*t:f' , I II aiill .E! r I !! I J I ! i I I i I IIt :l :l a : 6 E dt it ?a ! zJa.&ull&t&3E fi rII a. Ulnoz J JJ &EI o H s3E29=z=o ist I :l -l rl :l-l:t.l I , -- .- -!-- -- *.- ., . i l I s \Page 173 of 320 coNcLUsloNs The request complies with LDc section 10.02.13.E.2. - lnsubstantialchange: . There is no increase in the number of approved residential units = 48 . There are no external impacts. The previous approved buffers will be provided' . All changes are internal to the development. . The deviation as requested would address the conflict between the definition and the actual useable open space being provided. The sidewalks and open space elements within the private platted rights-of-way are technically useable open space. lncluding these elements would result in the Townhouse Site Plan providing 4.67 acres of useable open = 60% l,lA\'ffH}ffi.", Page 174 of 320 IJA\PLANNING & LANDSCAPE ARCHITECTURE NEXT STEPS HEX Meeting: September 26,2024 - 1:00pm Growth Management Department 2800 North Horseshoe Dr., Room 6091610 Contacts: Ma rgaret Emblidge, AICP mem lid aeI a m 239.597.3 11 Tim Finn, AICP Timoth Finn colliercoun ova 239.252.4312 Page 175 of 320 E T I o(, 33 @'l r/t 17t7 77 = oi- g : -* .gE HaF HEE EB- if,sEEEr €Et Ee:r*EESESE EEi:iBEsESEEEE 'EE EE- E daaaoa € ,.a 'x, U l|l e, SHEzo'-29=z=o ist s \ \.ilnl9z T&UIozul& J &3FIJ UIl-T IIIJ& i r FI II t IL go o gD6'6 o rf \ \ ,l g I. r,''J '1r Page 176 of 320 ul u, s5E =ur=z=o ist s \ o. I zo -kIJoJ Page 177 of 320 ORIGINAL PUD MASTER CONCEPT PLANIJA\',ffHifri,.. LAND USE SUMMARY ACREAGECATEGORY PERCENTAGE OF TOTAL ROW EASEMENT (SANTABT.RMRA BLVD.) INTERNAL ROW RESIO€NTIAL AREA (R) AUENITY CENIER (AC} OPEN SPACE WATER IiIANAGEMENT PRESERVE (P) PERIMETER BUFFERS ADOITIONAL OPEN SPACE 0.93 '1.28 2.69 0.32 10.7% 14.5% 33.'l% 3.7 1.4'l 1.12 0.37 0.12 1e2% 12.8ft 1.21, 4.8% TOTAL PROJECT 4.72 100% 9E I I I I I I I I I I I CI(il I I I I I I I I J I I tr6EIF ErU I :---'l I I I I I I 1 PROVED MCP PL2O1 4OOOO89O t x q t ruYAEMlridl I I I I I I I I I I I !t .FINAL ROW WIDTH SHALL BE IN ACCORDANCE WITH SECTION 6,06.01.N OF THE LANO OEVELOPMENT CODE. PI.ANNING NOTES CURRENT ZONING: RMF-6 PROPOSED ZONING: RPUO CURRENT LAND USE: VACANT PROPOSEO LANO USE: RESIOENTIAL uslELE leEllSeAeE*-BEgUlEEllENl 7.79 AC x 60',6 = 4.67 AC PIE9ERlG,EEO-UIBEUE-NT: 7.il6AC r 15% = 1.12 AC \l "t{l 8ldl I I Q st"nt""Onyx RPUD Moster Plon Exhibit C #. I )t\ r) POLLY AVENUE, LtC Page 178 of 320 F t! ,l '! ! lrl d, snE2e6 i3ts \ +IGI I =(,z IzoN Page 179 of 320 fI I I luc AHEzoF :z9=.z=o ist s \ ,''l trtLitI\,\ \, I ,'"\ ^lt [/ r Ir 7 7f /\ Il-tzulvtUI&o.lII& ofn ., ,i f I 4( t7 I a t (q,l A- ft ) E ! It J \ \ \I F o 0 Page 180 of 320 tJA\',ffHi&i,.. I a{\a \ I PLANT SCHEDL,I.E BULDING 1ryPE 8 INII sYm ffi ow rcTAutME qmME W !E sYm ffi ow q49! @eE Sr soqs@ [-l* 7.1r2d s@tudtuFbrh.Ms.&!hd d REFERENCE NOTES SCHEDT'-E BULDING 1ryPE 8 I.ATT olffim 9l!@! pE$Rm ffAMME Wdtutu-Uh' elEffi@@ MTAI&AL ME htuMd ascd. E cBr 60d oircNw ff UDO@h !!d, Y*tu fF. @mM scE @l E' 9A! 9A! cE t& Sffi -(^?,il @. HT @ @)ffANR % $=@ilh Jfl,JU JT ;J h *'eJ1.., ,.,J1 tdrfktuqtE rm Mtu-ffiffidbe aEu! sq!fl d I c4E9! [J4-il 9r! 355 f 9g)tr Gi :;{+a TYHCAL zuILDING 1 ryFE8 UNIT 1"='lO P LA MT SC HED I..I.E B tI-O T'IG I TY P E 6 UIIT OPEN SPACE DEVIATION EXHIBIT i I UI@INGmt uNrS ,.4\w-r ffim Page 181 of 320 SIGN POSTTNG INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on thc parccl for a minimum of fifteen (15) calendardays in advance of the frst public hearing and said sign(s) must be maintained by ihe petitioner or the petitioner,s agent througbthe Board of County Commissioners Hearing. Belorv are general guidelines for signs, howelrr these guidelines- should n-otbe conskued to supersede any requirement of the LDC. For specific sign requireirents, please refer to the Administrative Code, Chapter 8 E. l. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street righl-of-$ay or easement. 2. The sigrr(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other strucfure. The sign may not be affixed to a tree or other foliage.3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. Ifthe sign(s) is destroyed, los! or rendered unreadable, the peiitioner or thepetitioner's agent must replace the sign(s NOTE: AFTER TIIE SIGN HAS BEEN POSTED, THIS AFFIDAI.IT RETURI{ED NO LATER THAN TEN (10) WORKING DAYS BEFORE ASSIGNED PLANNER. OF POSTNG NOTICE SHOULD BE TIIE T'IRST HEARING DATE TO THE AI.'TIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE TNDERSIGNED AUTHORITY, PERSONALLY APPEARED MATUATET EMbIidtE WHO ON OATH SAYS TITAT HEiSHE HAS POSTED PROPER NOTTCE AS REQUIRED By SECTION 10.03.00 OF THE THE PARCEL COVERED IN PETITION \\JMBERCOLLIER COUNTY LAND DEVELOPMENT CODE ON PL202UnO411 LJA Engineering,Inc. Z+=09=Irqrl eorrtevard. Suite 2qA, STREET OR P.O. BOXAGENT Margaret Emblidge, AICP Nr FL 34108 ATENAME (TYPED OR PRNTED) STATE OF FLORIDA COUNTY OF COLLIER The this My Comnrission Expires: (Stamp with seriat number) -"{l'.;to% DENTSERRAIccH Lwi H;$ixtflr ,/' of t/_)frrysical presence or _ online notarization is t/ personally known to me or who has produced of Rev.3/4/2015 Page 182 of 320 t {.'*r\ t-')*a ,.r i rl ..rf;I ;{ I t!,.t', t' -Iv t:, & PUBLIC HEARING NOTICE Onyx RPUD PUD lnsubstantlal Change Petition No. ?024@04116 HEX: September 26, 202t1 - 1:00 P'm' Growtft Urntgan€nt O.Parlmrnr 2E0O North Horg.-ho. D... Room 609'610 Neplc.. FL t410' Timolhy Flnni 239-252{312 rl' .lI '-^ t. Page 183 of 320 Page 184 of 320 10/24/2024 Item # 3.C ID# 2024-1183 ** This item has been continued from the 10/10/2024 HEX Meeting ** Petition No. SV-PL20240005230 – 3747 Tamiami Trail East - Request for a sign variance from the Land Development Code Section 5.06.04.F.4.a. which requires “On Premises Wall Signs” to have a maximum allowable display area for wall signs that shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for the subject unit up to 24,999 square feet in area, to instead allow one fascia sign that will be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 4. ATTACHMENTS: 1. Staff Report - SV-PL20240005230 - Planet Fitness Signage 2. Attachment A - Backup Package 3. Attachment B - Sign Variance Rendering 4. Attachment C - Legal Ad & Sign Posting Page 185 of 320 SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 1 of 8 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING & ZONING DIVISION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: OCTOBER 10, 2024 SUBJECT: PETITION SV-PL20240005230, PLANET FITNESS SIGNAGE ______________________________________________________________________________ PROPERTY OWNER/AGENT: Owner: NTC North LLC Agent: David Clark, Contractor 950 3rd Avenue Southeastern Lighting Solutions New York, NY 10022 821 Fentress CT Daytona, FL 32117 REQUESTED ACTION: The applicant is requesting a sign variance from the Land Development Code (LDC) Section 5.06.04.F.4.a. which requires “On Premises Wall Signs” to have a maximum allowable display area for wall signs that shall not be more than 20 percent of the total square footage of the visual facade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for the subject unit up to 24,999 square feet in area, to instead allow one fascia sign that will be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number 3725. GEOGRAPHIC LOCATION: The approximate 5.08 acres subject property, folio number 00393520006, is located at 3747 Tamiami Trail East, Naples, FL 34112, and is located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. (Please see the location map on the following page) Page 186 of 320 SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 2 of 8 Page 187 of 320 SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 3 of 8 PURPOSE/DESCRIPTION OF PROJECT: The subject unit, 3725, is located within the subject property’s existing shopping center located at 3747 Tamiami Trail East permitted in 1982 under permits numbered 82-1856 and 82-4993. Planet Fitness is proposed to utilize the 3725 unit at the shopping center and provide a recreational gym to enhance people’s lives by providing affordable, high-quality fitness experience in a welcoming, non-intimidating environment. The general intent for the installation of the proposed sign is to welcome current and future patrons to the Planet Fitness gym. However, there is an existing facade for the subject unit that provides a larger area that could potentially overshadow the maximum requirement by code for a sign on the facade. Aside from the facade area, the subject unit is obscured by existing vegetation and existing commercial outparcel structures for patrons entering from Tamiami Trail East. Aerial of subject property and subject unit. Subject Unit identified with the red X. Street views identified by corresponding circles. Source: Collier County GIS Page 188 of 320 SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 4 of 8 The specific request is from LDC Sec. 5.06.04.F.4.a. which states: “The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade , including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area.” The variance request for the subject unit in the subject property is because the area of the subject unit is less than 24,999 square feet, but the wall sign on the facade will exceed 150 square feet. The total facade area is 2,972.4 square feet; therefore, the proposed sign display area will be 238.7 square feet, equating to only an 8% coverage of the visual facade, less than the maximum aloowed 20%. Therefore, the variance request is only for the 88.7 square feet in excess of the allowable display area of 150 square feet. The subject unit offers unique reasons to justify the variance request. The proposed wall sign will be proportional to the location and the storefront facade for easier wayfinding for patrons. The sign area to facade area ratio results in only 8% of the overall facade coverage. Even though the sign area request is in excess of the ratio to the store area, it is minimal in its impact on its visibility when attached to the commercial unit’s facade. A large blank space in the facade where the signage is anticipated to be is detrimental through its appearance of a vacant unit on the site. If the code was applied, the letters would appear to be much smaller than other tenants, and the sign would appear even smaller within the existing facade. The location of the proposed Planet Fitness is approximately 450 feet from the edge of the Right-Of-Way, Tamiami Trail East, and is obscured by heavy vegetation as well as existing commercial outparcels. The requested excess in the sign display area will provide patrons who frequent the fitness center by walking, biking, or commuting a better visual and wayfinding display to know where to enter or park. Page 189 of 320 SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 5 of 8 Aerial photo; Source: Collier County Property Appraiser SURROUNDING LAND USE AND ZONING: North: Developed residential uses with a zoning designation of a Residential Planned Unit Development (RPUD), known as Vornado RPUD. South: Tamiami Trail E (U.S. 41) Right-of-Way (R.O.W.) and then a mix of developed and vacant commercial and residential lots with a zoning designation of Commercial Intermediate (C-3) zoning district and Travel Trailer Recreational Vehicle Compound (TTRVC) zoning district, respectively. East: Developed commercial and golf course/driving range with a zoning designation of Commercial Intermediate (C-3) zoning district and Golf Course (GC) zoning district, respectively. West: Developed commercial with a zoning designation of Commercial Intermediate (C-3) zoning district. SUBJECT PROPERTY SUBJECT UNIT #3725 Page 190 of 320 SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 6 of 8 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Future Land Use Map (FLUM) of the GMP. The GMP does not address individual variance requests but focuses on the larger issue of the actual use. The subject property, 3747 Tamiami Trail East, Naples, FL 34112, folio number 00393520006, is consistent with the FLUM. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element (FLUE), although the variance request is not addressed by the GMP. STAFF ANALYSIS OF SIGN VARIANCE CRITERIA: LDC Section 5.06.08.B.1.: a. That special conditions and circumstances exist that are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. Yes, the subject property location has a collection of buildings that have unique facades where they are taller than other tenants in the commercial plaza. The subject unit’s facade’s length is 120 feet wide and differs from other facades in the shopping plaza. The existing Goodwill store has a facade length of approximately 120 feet wide with an approximate leasable area of 34,000 square feet. The Goodwill wall sign is 110 square feet which is less than what was allowable. The existing Publix Grocery store has a facade length of approximately 220 feet wide with an approximate leasable area of 41,000 square feet. The Publix wall sign is 119 square feet and is also less than what was allowable. Lastly, the existing Bealls store has a facade length of approximately 388 feet wide with an approximate leasable area of 81,027 square feet. The Bealls wall sign is 247 square feet, which conforms to code standards. Store Store Area (SF) Facade Length (feet) Wall Sign Area (SF) Store-Wall Ratio (%) Goodwill 34,000 120 110 0.3 Publix 41,000 220 119 0.2 Bealls 81,027 388 247 0.3 Planet Fitness 21,009 120 238.7 1.1 Table 1 - Subject Property facade sign comparison; lowest amount per category in bold From the table above, the subject unit Planet Fitness, when compared, has a facade length similar to that of the Goodwill unit. The wall sign area will still be less than the largest sign area belonging to the Bealls unit. The major setback for the proposed Planet Fitness sign is the store area since it is the smallest when compared to the other larger units but still contains a similar facade length to that of Goodwill. The unit’s location is in the middle of the plaza and is obscured by a mixture of existing vegetation as well as multiple commercial outparcels. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would cause unnecessary and undue hardship on the applicant. Page 191 of 320 SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 7 of 8 The hardship for Planet Fitness is that the building and development are preexisting, as are the sightlines, landscape obstructions, and several commercial outparcels that obscure the view of various commuters. All the obstructions create a hindrance to the visibility of the proposed storefront. The proposed wall sign will be proportional to the location and the storefront facade for easier wayfinding for patrons. The height of the facade is important; however, it is also unknown compared to the other uses, as found in Table 1. According to the renderings, the subject unit’s facade’s height is 24.77 feet for an overall facade area of 2,972.4 SF. The sign area to facade area ratio results in an 8% coverage of the overall facade. Even though the sign area request is in excess of the ratio to the store area, it is minimal in its impact on its visibility when attached to the commercial unit’s facade. A large blank space in the facade where the signage is anticipated to be is detrimental through its appearance of a vacant unit on the site. If the code was applied, the letters would appear to be much smaller than other tenants, and the sign would appear even smaller within the existing facade, which may diminish any aesthetic appeal for the overall shopping center. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. The proposed signage wouldn’t change the essential character of the plaza since this sign will be placed solely on the dedicated facade of the proposed unit. The applicant is not altering any of the facade’s structure and, therefore, will be using the pre-existing facade that has existed for over 40 years, since 1982. The parapet locations above the entrance are meant to allow the installation of the sign. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures, or buildings in the same zoning district. This proposed sign variance, when compared to the other storefronts included in Table 1, has less impact when compared to the facade area of the store font. To create balance and an aesthetically appealing look for the plaza, the sign variance will create consistency on the higher facade frontage. Both Publix and Goodwill have a higher facade but what appears to be a smaller facade area; otherwise, their wall sign would be overshadowed. e. That the variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The proposed sign variance doesn’t appear overbearing compared to its own facade area since the sign would occupy only 8% of the entire facade area and elevation, which is much less than the 20% maximum allowable display area. The request is reasonable for the proposed use since the face of the unit is setback approximately 450 feet from the respective nearby right-of-way, along with obstructions from existing vegetation and multiple commercial outparcel structures. f. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Page 192 of 320 SV-PL202400005230, Planet Fitness Signage September 17, 2024 Page 8 of 8 The proposed sign will be designed in accordance with the Florida Building Code, stamped by an engineer, and installed according to what is permitted, pending the approval of this sign variance request. There are no adverse impacts on public health or safety that will result from this proposal. The signs are adequately spaced so as not to produce an undue proliferation of signage and have a clean appearance on the facade. In staff’s opinion, the request for the sign variance to instead allow one fascia sign that will be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number 3725 located at 3747 Tamiami Trail East, meets the intent of the LDC and is thus consistent with the GMP. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a decision to approve Petition SV- PL20240005230 as requested by the Applicant, with the following condition: 1. This approval is strictly for the sign variance request of the business use for Planet Fitness. Any change of business use will require a conforming wall sign. Attachments: A) HEX Backup Package B) Sign Variance Rendering C) Legal Ad & HEX Sign Posting Page 193 of 320 Page 194 of 320 Page 195 of 320 Page 196 of 320 Page 197 of 320 Page 198 of 320 Page 199 of 320 Page 200 of 320 Page 201 of 320 Page 202 of 320 Page 203 of 320 Page 204 of 320 Page 205 of 320 Page 206 of 320 Page 207 of 320 Page 208 of 320 Page 209 of 320 Page 210 of 320 Page 211 of 320 Page 212 of 320 Page 213 of 320 Page 214 of 320 Page 215 of 320 Page 216 of 320 Page 217 of 320 00393520006Folio # - Page 218 of 320 Page 219 of 320 Page 220 of 320 Page 221 of 320 Page 222 of 320 Page 223 of 320 Page 224 of 320 Page 225 of 320 Page 226 of 320 Page 227 of 320 Page 228 of 320 Page 229 of 320 Page 230 of 320 Page 231 of 320 Page 232 of 320 Page 233 of 320 Page 234 of 320 Page 235 of 320 City of Naples March 8, 2024 735 8th Street South, Naples, Florida 34102 Attn: Sign Variance Committee Re: Planet Fitness –3725 Tamiami Trail E, Naples, FL – Sign Variance To whom it may concern, Please accept this letter on behalf of our client, Planet Fitness as part of the submission requesting a sign variance for the location listed above. The client wishes to install 1 fascia sign on the west elevation; however, the Land Development Code permits a sign area no greater than a maximum of 150 sq ft. Summary of Variances and Relief Requested To permit one (1) fascia signs on the west elevation Drawing Reference: PF__-CL070X0491.120K_PERMIT •Overall Size – 5’ 10” X 40’ 11” •Overall sign area – 238.70x sq ft •Clearance From Grade – 16.88 ft Page 236 of 320 Image from Google View site outlined in red. Site Location: The subject lands are located at 3725 Tamiami Trail E. The subject lands are zoned as C-3 under the Collier County zoning. The site is generally surround by Commercial properties located to the north and south. The property is currently being developed for the new Planet Fitness. Page 237 of 320 Background: Planet Fitness was founded in 1992, in Dover, New Hampshire, United States. The company started as a single gym location named “Planet Fitness” and aimed to provide an affordable and judgment-free fitness experience to a broad range of individuals. Planet Fitness has become known for its distinctive branding and marketing as a “judgment-free zone,” emphasizing inclusivity and a non- intimidating atmosphere for people of all fitness levels. Throughout its history, Planet Fitness has focused on community engagement and promoting fitness in a friendly and approachable environment. It has become one of the largest and most recognizable gym chains in the United States and has expanded its presence internationally. More than 90% of Planet Fitness stores are owned and operated by independent businessmen and women. Today, Planet Fitness has become one of the largest and fastest-growing franchisors and operators of fitness centers in the United States by number of members and locations. With more than 2,400 locations in 50 states, the District of Columbia, Puerto Rico, Canada, Panama, Mexico and Australia, Planet Fitness has continued to spread its unique mission of enhancing people’s lives by providing an affordable, high- quality fitness experience in a welcoming, non-intimidating environment. Rationale: As per the Collier County Land Development Code Section 5.06.04 Development Standards for Signs in Nonresidential Districts • One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel or or for each unit in a multiple-occupancy parcel • The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet • No wall sign shall exceed 80 percent of the width of the unit(s) or the building with a minimum of 10 percent clear area on each outer edge of the unit(s) or of the building. Rendering of Proposed Plane Fitness Sign Page 238 of 320 Planet Fitness will be occupying Unit 3725 which has an overall square footage of 21009 for the unit. The elevation frontage is over 120 ft and is in the middle of the plaza. The proposed Planet Fitness although exceeds the sign area allowance for the maximum square footage permitted it does not exceed 80% of the width of the unit 120’ X 80% = 96’ permitted, the proposed sign is 40’ 11” which is 34% of the elevation width. Although the sign area exceeds the maximum 150 sq ft sign area permitted the proposed signage will occupy 8% of the elevation and only 11% of the front entrance area. Google Street view of the Unit location from Tamiami Trail E. Google Street view from Palm Drive Page 239 of 320 Based on the attached photos from Google Street view it is very difficult to see the Planet location due to the landscaping and building located in the vicinity of their unit. Sign visibility and awareness is extremely important as it can be the difference between running on losses or running a profitable business. The proposed signs will play a vital role in increasing visibility for the business and making passersby aware of their presence and enticing them to explore more. This location has a few buildings that have unique facades where they are taller that other tenants in this plaza. With the unique façade by following the regulations the sign would look time in comparison to the other sites. The letters would appear to be much smaller than other tenants and the sign would appear to be lost on the façade. To create balance and an appealing look for this plaza the larger sign would create the consistency on the higher façade frontage. I have included 2 sites Publix and Goodwill located within the plaza that have a similar higher façade and where a larger sign area is required otherwise the sign would appear to be lost The proposed signage would not alter the essential character of the area as it proposes a sign in a location within the unit’s facade in an appropriate context within the commercial development which it is a part of. The parapet locations above the entrance were intended to contain signage, and a large blank space in the façade where signage is anticipated to be is detrimental through its appearance of a vacant unit on the site. The proposed sign also helps achieve urban design principles by breaking up the massing of the blank parapet with a change of material and color. The hardship for Planet Fitness is the building and development are pre-existing, as are the sightlines and associated landscape obstructions which hinder visibility to the unit. Planet Fitness will be occupying a large space, and therefore requires signage to identify and reflect the size of their space and investment. Page 240 of 320 The signage does not appear overbearing, particularly from the public realm as the unit face is setback over 450 ft from the respective surrounding right of ways. The proposed Planet Fitness sign would occupy less than 8% of the overall elevation and only 11% of the front entrance area. The proposed signage will allow Planet Fitness to maintain the corporate branding standards. The sign will be advertising the tenant and will help to provide identification for vehicular traffic. As the proposed sign will be designed in accordance with the Florida Building Code, stamped by an Engineer and installed in accordance with the approved plans should the variance and subsequent permit be approved. Accordingly, there are no adverse impacts to public safety resulting from the proposal. The proposal will not have a negative impact on the site or surrounding neighborhood. The signs are adequately spaced to not produce an undue proliferation of signage and have a clean appearance on the façade. Based on the foregoing, the proposed signage for Planet Fitness will not detract from the general surrounding area, nor will it create a precedent. Conclusion: In conclusion, the building is in an area with a variety of businesses and sign types and sizes. The signage proposed represents the identification of Planet Fitness in an attractive and contemporary way, while architecturally integrating it in an effective manner that does not adversely impact the surrounding uses. Given the unique physical constraints of the site and the surrounding area, Planet Fitness is subject to a hardship relating to visibility of the signage and their unit. The signage proposed is not overbearing and does not appear out of context with the existing development or surrounding area. The proposed sign would benefit the business by allowing it to be more easily identifiable by-passing pedestrians and motorists. Having legible signage within the plaza will help limit distractions for internal vehicular and pedestrian traffic by allowing the unit location to be quickly identified on site, encouraging safe movement within the site. The proposed signage does not result in a substantial change relative to the previous signage in this location and will help ensure that the development is not perceived to have a vacancy in this location. The signage is reflective of the scale of the investment which Planet Fitness has put into this location and will help ensure that their commitment to the community is successful. Planet Fitness looks forward to creating positive change within the township through their pledge to promote healthy and active lifestyles at this location, and the consideration and support of Zoning relating to this application is very much appreciated. Should you have any questions relating to the proposal, please do not hesitate to contact the undersigned. The proposed signage program represents a significant investment into the site and enhances the on-site experience for customers while identifying Planet Fitness business to the public. The signage will not impede visibility of any adjacent premises and will not pose a threat to public safety. Page 241 of 320 We thank the City of Naples, Collier County for their consideration of this proposal, and should you have any questions, please contact the undersigned. Thank you, Donna Thomson – Senior Permit Coordinator Pride Signs Ltd T: 519-622-4040 x213 E: dthomson@pridesigns.com Page 242 of 320 Page 243 of 320 Page 244 of 320 Page 245 of 320 Page 246 of 320 Page 247 of 320 Page 248 of 320 Page 249 of 320 Page 250 of 320 Page 251 of 320 Page 252 of 320 Page 253 of 320 Page 254 of 320 Page 255 of 320 REPRESENTATION ONLY, NOT FOR CONSTRUCTION: All images shown are a representation of the design intent and may not portray the exact scale, colors, materials, or construction that could occur due to material availability and final architectural modifications. © 2021 pb2 architecture & engineering | All information contained in this document is confidential and may not be reproduced without permission. 11.14.2023 Naples, FL Conceptual Renderings Page 256 of 320 Page 257 of 320 Page 258 of 320 NAPLES TOWNE CENTRE NORTH 3701 – 3771 Tamiami Trl E (US Hwy 41) | Naples, FL 34112 8902 N Dale Mabry Hwy Tampa, FL 33614 800.728.5379 www.RMCPG.com FOR LEASING INFORMATION: Luli Cannon 813.712.3054 lcannon@rmcpg.comPALM DR3701 37113713 3725 3737 374337453747374937513753(NIC) (NIC) (NIC)(NIC) PYLON SIGN RI/RORI/RORI/RORI/ROFULL ACCESS CROSS ACCESS (NIC)3755UNIT TENANT SF 3701 Bealls 81,027 3711 Looking Good Salon 1,328 3713 Dollar Tree 8,200 3725 New Tenant Coming Soon 21,009 3737 Rent-A-Center 4,770 3743 Tokyo Sushi 2,000 UNIT TENANT SF 3745 Nails & Spa 2,000 3747 AVAILABLE 2,608 3749 Metro by T-Mobile 1,760 3751 Jose Ramirez, DDS 2,640 3753 Szechuan Chinese Restaurant 3,504 3755 SPS PoolCare 3,746 All information given herein is obtained from sources considered reliable. However; we are not responsible for misstatement of facts, errors, omissions, prior sale, withdrawal from market, modification of mortgage commitment, terms and considerations, or change in price without notice. The information supplied herein is for informational purposes only and shall not contain a warranty or assurance that said information is correct. Any person intending to rely upon the information supplied herein should verify said information independently. UPDATED: 111623 TAMIAMI TRAIL E (US HWY 41) TAMIAMI TRAIL E (US HWY 41) (44,103 AADT)(44,103 AADT) Page 259 of 320 PalmDRWi nne r s CIRCaloosa STS eminole AVEOsceolaAVETa mia miT R L E AlbiRDDi amondLNTopazLNTa mia miL N CambriaLN N ea polita n CIR !I Projec tLocation Page 260 of 320 Page 261 of 320 Page 262 of 320 Page 263 of 320 Page 264 of 320 10/24/2024 Item # 3.D ID# 2024-1613 Petition No. VA-PL20240006022 – 230 Seabreeze Avenue – Request for a variance from LDC 4.02.01.A Table 2.1 to allow a reduction in the front yard setback from 30 feet to 22.8 feet for the proposed construction of a new residential structure to replace the existing residential structure on a ±0.3-acre property located at 230 Seabreeze Avenue in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 ATTACHMENTS: 1. Staff Report 10112024b 2. Attachment A - Proposed Site Plan 3. Attachment B - Backup -Digital Hearing Package 4. Attachment C - Public Hearing Sign Posting 10112024 5. Attachment D - Correspondence Page 265 of 320 VA-PL20240006022; 230 Seabreeze Ave Page 1 of 7 10/07/2024 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: OCTOBER 24, 2024 SUBJECT: VA-PL20240006022, 230 SEABREEZE AVENUE _____________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: M. Travis Hayes Clay Brooker Trustee of the 230 Seabreeze Ave. Land Trust Cheffy Passidomo, P.A. 230 Seabreeze Ave. 821 Fifth Ave. S. Naples, FL 34108 Naples, FL 34102 REQUESTED ACTION: To have the Collier County Hearing Examiner consider a variance from Land Development Code (LDC) Section 4.02.01.A., Table 2.1, to allow the construction of a new single-family dwelling unit on a triangular-shaped lot by reducing the required Minimum Front Yard setback from 30 feet to 22.2 feet. GEOGRAPHIC LOCATION: The subject property is located at 230 Seabreeze Avenue, which is the last house on the southern side of the road, approximately 700 east of the intersection of Gulfshore Drive and Seabreeze Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (See location map of property on page 2.) PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises 0.3± acres within a Residential Single-Family-3 (RSF-3) Zoning District. The subject property is legal-nonconforming concerning the minimum lot area as are the other similarly zoned properties in this area; the minimum lot area is 2.25 acres. The petitioners recently purchased the subject property which is improved with a single-family residence and boat dock. They desire to reconstruct a new single-family dwelling unit that is compatible in size, scale, and quality with the surrounding properties in the neighborhood. The triangular shape of the subject lot creates additional challenges with respect to setbacks. Page 266 of 320 VA-PL20240006022; 230 Seabreeze Ave Page 2 of 7 10/07/2024 Page 267 of 320 VA-PL20240006022; 230 Seabreeze Ave Page 3 of 7 10/07/2024 Page 268 of 320 VA-PL20240006022; 230 Seabreeze Ave Page 4 of 7 10/07/2024 SURROUNDING LAND USE AND ZONING: North: Seabreeze Avenue (Right-of-Way), then a single-family dwelling in an RSF-3 Zoning District East: A single-family dwelling located within an RSF-3 Zoning District South: Canal/waterway, then a single-family dwelling in an RSF-3 Zoning District West: A single-family dwelling located within an RSF-3 Zoning District Collier County GIS Page 269 of 320 VA-PL20240006022; 230 Seabreeze Ave Page 5 of 7 10/07/2024 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is in the Urban Mixed Use Residential land use classification on the County’s Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses, including single-family, multi-family, duplex, mobile homes, and mixed-use projects. As previously noted, the subject petition seeks a variance to reduce the required front yard for a single-family residence, which is an authorized use within this land use designation. Therefore, the use is consistent with the FLUM. The Growth Management Plan (GMP) does not address individual variance requests; the Plan deals with the larger issue of the actual use. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved? Yes, the subject property is a waterfront lot that, by definition, is also a corner lot. Additionally, the lot is primarily triangular, which results in the property having a front yard and two side yards; a corner lot has no rear yard. The unique shape and configuration of the property result in a disproportionately long front yard, which impacts the buildable area of said property. The required front yard setback within the RSF-3 Zoning District is 30 feet. b. Are there special conditions and circumstances that do not result from the applicant's action, such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes, the subject property was platted in 1952 and was initially improved in 1958. In 1986 a survey obtained for several additions to the existing residence revealed encroachments that were addressed using an approved Variance, Resolution 86-102, to reduce the required 30- foot front yard to 18 feet. The current property owner now desires to raze the existing single- family dwelling and replace it with another that will require the front yard to be reduced to 22.8 feet which is less than was previously approved for the prior dwelling unit. c. Will a literal interpretation of the provisions of this zoning code work cause unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The applicant’s agent states: “Yes. The County Commission in 1986 unanimously agreed that the 30-foot front yard setback worked unnecessary and undue hardship on the then owner of the property, approving back then an encroachment into the setback greater than that requested by this petition.” Zoning staff concurs. d. Will the Variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promotes standards of Page 270 of 320 VA-PL20240006022; 230 Seabreeze Ave Page 6 of 7 10/07/2024 health, safety, and welfare? Yes, the applicant’s agent states: “This petition requests an encroachment into the front yard setback that is lesser than the encroachment unanimously approved by the County Commission in 1986. Accordingly, the requested variance would make possible the reasonable use of the land as compared to the existing home and other properties on Seabreeze Avenue.” Zoning staff concurs. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? By definition, a variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the variance process for any dimensional development standard. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case- by-case basis. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code and not be injurious to the neighborhood or otherwise detrimental to the public welfare? Yes, the applicant’s agent states: “Petitioner is unaware of any objection by nearby property owners to this variance request. Accordingly, the variance, if granted, would not injure the neighborhood or upset the intent and purpose of the zoning code.” Zoning staff concurs and has received three letters of support from nearby property owners; no objections have been received in response to public notices. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf courses, etc.? The applicant’s agent states: “Yes. The subject property is located at the dead-end of Seabreeze Avenue, with the canal immediately to the south. Therefore, the number of abutting properties is limited, and the objective of the front yard setback is ameliorated. Zoning staff concurs. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, approval of this Variance will not affect or change the requirements of the GMP concerning density, intensity, compatibility, access/connectivity, or any other applicable provisions. SUMMARY FINDINGS: Zoning staff concurs that Seabreeze Avenue's curvature and the subject property's unique shape combine to reduce the allowable building footprint. Given that a variance was previously granted for the existing single-family residence, staff supports the petitioner’s endeavors. Page 271 of 320 VA-PL20240006022; 230 Seabreeze Ave Page 7 of 7 10/07/2024 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject Variance doesn’t impact any preserve area, the EAC did not hear this petition. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at present. PUBLIC NOTICE: Notice Requirements for variance petitions are contained within LDC Section 10.03.06.F.2. The required Agent Letter was sent to all property owners located within 150 feet of the subject property on or about September 27, 2024, as evidenced by an executed Affidavit of Compliance contained within Attachment B. Notice of the Hearing Examiner meeting was provided by posting on the Clerk of Court’s website and by means of a mailed notice to owners within 500 feet of the site on or about October 4, 2024, and the posting of a public notice sign on the site on October 11, 2024 (delayed due to Hurricane Milton which made landfall the evening of October 9, 2024). RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve petition PL20240006022 to allow the construction or redevelopment of a single-family dwelling unit and accessory structures on a triangular-shaped corner lot by reducing the required Minimum Front Yard from 30 feet to 22.8 feet; all other development standards are to be respected. Attachments: A. Site Plan with Elevations B. Applicant’s Backup - Application, Narrative, Agent Letter, etc. C. Public Hearing Sign Posting D. Correspondence – Letters of Support Page 272 of 320 HOLTAN RESIDENCE 239 SEABREEZE AVENUE 2024 | 1793-24 HOLTAN VARIANCE Exhibit AFRONT PROPERTY L INE 10' POOL SETBACK LINE (deck less than 4' above top of seawall)SIDE PROPERTY LINE10'-0"25'-2 1/ 2" 23'-6 1/2" S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C REAR PROPERTY LINE 30' FRONT SETBACK 4'-9 1/ 2" 6'-5 1/2"7.5 SIDE YARD SETBACK LINE26'-6" 3'-6"23'-3 1/2"6'-8 1/2"22'-9 1/2"7'-2 1/2"10' SIDE YARD ( WATERFRONT ) SETBACK LINE 7'-6" S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C2 C3 134.0584132.6438 116.5566 309.1612 30' 182.9368EAST 15'OF LOT 26100' WIDE WATERWAY FRONT PROPERTY L INE 25' REAR SETBACK LINE 20' POOL SETBACK LINE (if more than 4' above top of seawall) 10' POOL SETBACK LINE (if 4' or less above top of seawall)SIDE PROPERTY LINE10'-0"25'-0"20'-0"10'-0"100' WIDE WATERWAY25'-0"20'-0"10'-0"17'-5 1/ 2" 21'-1"23'-4"25'-2 1/ 2" 23'-6 1/2"22'-8 1/2"36'-6 1/2"13'-7"22'-9 1/2"25' REAR SETBACK LINE 20' POOL SETBACK LINE (if more than 4' above top of seawall) 10' POOL SETBACK LINE (if 4' or less above top of seawall) S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C REAR PROPERTY LINEREAR PROPERTY LINE EAST 15'OF LOT 26PROPOSED HOME FOR VARIANCEEXISTING HOMESIDE PROPERTY LINE10' SIDE SETBACK LINE1'-9 1/2" 2'-7" 250 sqft 14 sqft 4 sqft 8 sqft 216 sqft 131 sqft 85 sqft 196 sqft 30' FRONT SETBACK30' FRONT SETBACK13'-0"3'-6"17'-0 1/2"26'-6 1/2" 12'-6 1/ 2" 8'-11" 4'-7 1/ 2"6'-10"7'-2"6'-1 1/2"FRONT PROPERTY L INE DIAGRAM KEY AREA OF ENCROACHMENT Page 273 of 320 Page 274 of 320 Page 275 of 320 Page 276 of 320 Page 277 of 320 Page 278 of 320 Page 279 of 320 230 Seabreeze Variance Application PL20240006022 NATURE OF PETITION Petitioner seeks approval of a variance from the 30-foot front yard setback required in the RSF-3 zoning district for property located at 230 Seabreeze Avenue. The property is currently improved with a house, built in 1958, portions of which encroach into the required 30-foot front yard setback. The maximum existing encroachment is twelve feet (12’). As explained in more detail below, the County approved a variance for the existing encroachments in 1986. Petitioner desires to demolish the existing structure and replace it with a new house. As illustrated in attached Exhibit A, the front façade of the proposed new house variably encroaches into the front yard setback, ranging from three feet, six inches (3’-6”) to seven feet, two-and-a-half inches (7’-2½”). Accordingly, the maximum requested encroachment for the new house would reduce the front yard setback from thirty feet (30’) to twenty-two feet, nine- and-a-half inches (22’-9½”). The property is part of the Conner’s Vanderbilt Beach Estates Unit 1 subdivision, which was approved by the County more than seventy years ago in 1952. At that time, the 30-foot front yard setback requirement did not exist. The property’s existing home was built six years later in 1958. Some time thereafter, the County adopted the 30-foot front yard setback, thereby rendering the portions of the existing home that encroached into the new setback nonconforming, yet legally so (since the house pre-existed the new setback). In 1986, a predecessor owner of the property proposed three additions to the existing home, each of which also encroached into the front yard setback. The County required the predecessor owner to request a variance for the additions because expansions of legal nonconformities are not permitted by code. County staff recommended denial of the variance application because, in its opinion, “a genuine land-related hardship does not exist.” However, the County Commissioners disagreed with staff. The Commissioners unanimously granted the variance, the maximum encroachment being twelve feet into the 30-foot front yard setback. These details are set forth in the minutes from the County Commission hearing at which the variance was granted, attached as Exhibit B. This petition seeks approval of a variance that reduces the amount of the encroachments into the required front yard setback. As explained above, the maximum encroachment proposed for the new house is seven feet, two-and-a-half inches (7’2½”), while the maximum encroachment of the existing house is twelve feet (12’). Page 280 of 320 LDC SECTION 9.04.00 – VARIANCE CRITERIA a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes. The shape of the subject property is generally triangular, caused by an extended front yard as Seabreeze Avenue curves to the south and ends at the water. This unique shape and configuration results in a disproportionately long front yard as compared to the other lots on Seabreeze Avenue. Therefore, the required 30-foot front yard setback impacts the buildable area of the subject property more so than it does the other lots on Seabreeze Avenue. b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes. The shape and configuration of this property (with its extended front yard) was created by the plat approved in 1952, before the County imposed the current 30-foot front yard setback. The County’s subsequent adoption of the 30-foot front yard setback resulted in the special circumstance of a disproportionate impact on the buildable area of the property due to its unique shape and configuration. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. The County Commission in 1986 unanimously agreed that the 30-foot front yard setback worked an unnecessary and undue hardship on the then- owner of the property, approving back then an encroachment into the setback greater than that requested by this petition. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. This petition requests an encroachment into the font yard setback that is lesser than the encroachment unanimously approved by the County Commission in 1986. Accordingly, the requested variance would make possible the reasonable use of the land as compared to the existing home and other properties on Seabreeze Avenue. Page 281 of 320 e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No special privilege would be conferred on Petitioner if this variance request is granted. Petitioner is merely seeking reasonable accommodation to remedy the unique burden borne by the subject property due to its shape and configuration. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Petitioner is unaware of any objection by nearby property owners to this variance request. Accordingly, the variance, if granted, would not injure the neighborhood or upset the intent and purpose of the zoning code. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Yes. The subject property is located at the dead-end of Seabreeze Avenue, with the canal immediately to the south. Therefore, the number of abutting properties is limited, and the objective of the front yard setback is ameliorated. h) Will granting the variance be consistent with the Growth Management Plan? Petitioner is not aware of any provision of the Growth Management Plan that would be implicated or violated if the requested variance is granted. Page 282 of 320 HOLTAN RESIDENCE 239 SEABREEZE AVENUE 2024 | 1793-24 HOLTAN VARIANCE Exhibit AFRONT PROPERTY L INE 10' POOL SETBACK LINE (deck less than 4' above top of seawall)SIDE PROPERTY LINE10'-0"25'-2 1/ 2" 23'-6 1/2" S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C REAR PROPERTY LINE 30' FRONT SETBACK 4'-9 1/ 2" 6'-5 1/2"7.5 SIDE YARD SETBACK LINE26'-6" 3'-6"23'-3 1/2"6'-8 1/2"22'-9 1/2"7'-2 1/2"10' SIDE YARD ( WATERFRONT ) SETBACK LINE 7'-6" S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C2 C3 134.0584132.6438 116.5566 309.1612 30' 182.9368EAST 15'OF LOT 26100' WIDE WATERWAY FRONT PROPERTY L INE 25' REAR SETBACK LINE 20' POOL SETBACK LINE (if more than 4' above top of seawall) 10' POOL SETBACK LINE (if 4' or less above top of seawall)SIDE PROPERTY LINE10'-0"25'-0"20'-0"10'-0"100' WIDE WATERWAY25'-0"20'-0"10'-0"17'-5 1/ 2" 21'-1"23'-4"25'-2 1/ 2" 23'-6 1/2"22'-8 1/2"36'-6 1/2"13'-7"22'-9 1/2"25' REAR SETBACK LINE 20' POOL SETBACK LINE (if more than 4' above top of seawall) 10' POOL SETBACK LINE (if 4' or less above top of seawall) S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C REAR PROPERTY LINEREAR PROPERTY LINE EAST 15'OF LOT 26PROPOSED HOME FOR VARIANCEEXISTING HOMESIDE PROPERTY LINE10' SIDE SETBACK LINE1'-9 1/2" 2'-7" 250 sqft 14 sqft 4 sqft 8 sqft 216 sqft 131 sqft 85 sqft 196 sqft 30' FRONT SETBACK30' FRONT SETBACK13'-0"3'-6"17'-0 1/2"26'-6 1/2" 12'-6 1/ 2" 8'-11" 4'-7 1/ 2"6'-10"7'-2"6'-1 1/2"FRONT PROPERTY L INE DIAGRAM KEY AREA OF ENCROACHMENT Page 283 of 320 Exhibit B Page 284 of 320 Page 285 of 320 Page 286 of 320 Page 287 of 320 Page 288 of 320 Page 289 of 320 Page 290 of 320 Page 291 of 320 Page 292 of 320 Page 293 of 320 Page 294 of 320 Page 295 of 320 EDWARD K. CHEFFY Board Certified Civil Trial Lawyer Board Certified Business Litigation Lawyer JOHN M. PASSIDOMO Co-Founder (1952 – 2024) LOUIS D. D’AGOSTINO Board Certified Appellate Practice Lawyer DAVID A. ZULIAN Board Certified Construction Lawyer CLAY C. BROOKER Board Certified City, County and Local Government Lawyer DEBBIE SINES CROCKETT 821 Fifth Avenue South Naples, Florida 34102 Telephone: (239) 261-9300 www.napleslaw.com RACHAEL S. LOUKONEN Board Certified Business Litigation Lawyer BRIAN J. THANASIU Board Certified Real Estate Lawyer C. LANE WOOD Board Certified Real Estate Lawyer KIMBERLY D. SWANSON JONATHAN R. FITZMAURICE CHELSEA L. BRANCO Of Counsel: GEORGE L. VARNADOE September 25, 2024 Subject: 230 Seabreeze Variance Petition No. PL20240006022 Dear Property Owner: We are writing to inform you that a formal application has been submitted to Collier County requesting a variance from the 30-foot front yard setback requirement for the property located at: 230 Seabreeze Avenue, Naples, Florida 34108 (see map on next page). The Applicant desires to demolish the existing home on the triangular-shaped lot and replace it with a new house. The existing home encroaches 12 feet into the front yard setback, and the Applicant is proposing to reduce that encroachment to a maximum of 7 feet, 2.5 inches. Please see the attached Exhibit A which illustrates the proposed encroachment. Even though the existing encroachment would be reduced, a variance must be obtained because the new home would still encroach into the front yard setback. In compliance with the Land Development Code requirements, and to provide you an opportunity to become fully aware of their intention, Applicant is providing this letter to you in advance of the Collier County Hearing Examiner (HEX) Hearing which will be held on October 24, 2024, 1:00 P.M., at the Collier County Hearing Examiner’s meeting room 609/610 located at 2800 N. Horseshoe Drive, Naples, FL 34104. Should you have any questions or require further details, please contact Clay Brooker by email at ccbrooker@napleslaw.com or by phone at 239-261-9300. Very truly yours, Clay C. Brooker Clay C. Brooker, Esq. Cheffy Passidomo, P.A. Page 296 of 320 4882-2442-1097, v. 1 CCB/cnl Enclosure Page 297 of 320 HOLTAN RESIDENCE 239 SEABREEZE AVENUE 2024 | 1793-24 HOLTAN VARIANCE Exhibit AFRONT PROPERTY L INE 10' POOL SETBACK LINE (deck less than 4' above top of seawall)SIDE PROPERTY LINE10'-0"25'-2 1/ 2" 23'-6 1/2" S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C REAR PROPERTY LINE 30' FRONT SETBACK 4'-9 1/ 2" 6'-5 1/2"7.5 SIDE YARD SETBACK LINE26'-6" 3'-6"23'-3 1/2"6'-8 1/2"22'-9 1/2"7'-2 1/2"10' SIDE YARD ( WATERFRONT ) SETBACK LINE 7'-6" S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C2 C3 134.0584132.6438 116.5566 309.1612 30' 182.9368EAST 15'OF LOT 26100' WIDE WATERWAY FRONT PROPERTY L INE 25' REAR SETBACK LINE 20' POOL SETBACK LINE (if more than 4' above top of seawall) 10' POOL SETBACK LINE (if 4' or less above top of seawall)SIDE PROPERTY LINE10'-0"25'-0"20'-0"10'-0"100' WIDE WATERWAY25'-0"20'-0"10'-0"17'-5 1/ 2" 21'-1"23'-4"25'-2 1/ 2" 23'-6 1/2"22'-8 1/2"36'-6 1/2"13'-7"22'-9 1/2"25' REAR SETBACK LINE 20' POOL SETBACK LINE (if more than 4' above top of seawall) 10' POOL SETBACK LINE (if 4' or less above top of seawall) S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C REAR PROPERTY LINEREAR PROPERTY LINE EAST 15'OF LOT 26PROPOSED HOME FOR VARIANCEEXISTING HOMESIDE PROPERTY LINE10' SIDE SETBACK LINE1'-9 1/2" 2'-7" 250 sqft 14 sqft 4 sqft 8 sqft 216 sqft 131 sqft 85 sqft 196 sqft 30' FRONT SETBACK30' FRONT SETBACK13'-0"3'-6"17'-0 1/2"26'-6 1/2" 12'-6 1/ 2" 8'-11" 4'-7 1/ 2"6'-10"7'-2"6'-1 1/2"FRONT PROPERTY L INE DIAGRAM KEY AREA OF ENCROACHMENT Page 298 of 320 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72,of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption.For the purposes of this requirement,the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notiifed.The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list,which are hereby made a part of this Affidavit of Compliance. (Signature oMpplicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 27'^day of September, 2024 by Clav C.Brooker.who is (^sonally known to in^or who has produced as identification. ure of Notary^blic) Printed Name of Notary (Notary Seal) _KARA A.SCOTT#1%wr COMMISSION# Page 299 of 320 EDWARD K. CHEFFY Board Certified Civil Trial Lawyer Board Certified Business Litigation Lawyer JOHN M. PASSIDOMO Co-Founder (1952 – 2024) LOUIS D. D’AGOSTINO Board Certified Appellate Practice Lawyer DAVID A. ZULIAN Board Certified Construction Lawyer CLAY C. BROOKER Board Certified City, County and Local Government Lawyer DEBBIE SINES CROCKETT 821 Fifth Avenue South Naples, Florida 34102 Telephone: (239) 261-9300 www.napleslaw.com RACHAEL S. LOUKONEN Board Certified Business Litigation Lawyer BRIAN J. THANASIU Board Certified Real Estate Lawyer C. LANE WOOD Board Certified Real Estate Lawyer KIMBERLY D. SWANSON JONATHAN R. FITZMAURICE CHELSEA L. BRANCO Of Counsel: GEORGE L. VARNADOE September 25, 2024 Subject: 230 Seabreeze Variance Petition No. PL20240006022 Dear Property Owner: We are writing to inform you that a formal application has been submitted to Collier County requesting a variance from the 30-foot front yard setback requirement for the property located at: 230 Seabreeze Avenue, Naples, Florida 34108 (see map on next page). The Applicant desires to demolish the existing home on the triangular-shaped lot and replace it with a new house. The existing home encroaches 12 feet into the front yard setback, and the Applicant is proposing to reduce that encroachment to a maximum of 7 feet, 2.5 inches. Please see the attached Exhibit A which illustrates the proposed encroachment. Even though the existing encroachment would be reduced, a variance must be obtained because the new home would still encroach into the front yard setback. In compliance with the Land Development Code requirements, and to provide you an opportunity to become fully aware of their intention, Applicant is providing this letter to you in advance of the Collier County Hearing Examiner (HEX) Hearing which will be held on October 24, 2024, 1:00 P.M., at the Collier County Hearing Examiner’s meeting room 609/610 located at 2800 N. Horseshoe Drive, Naples, FL 34104. Should you have any questions or require further details, please contact Clay Brooker by email at ccbrooker@napleslaw.com or by phone at 239-261-9300. Very truly yours, Clay C. Brooker Clay C. Brooker, Esq. Cheffy Passidomo, P.A. Page 300 of 320 4882-2442-1097, v. 1 CCB/cnl Enclosure Page 301 of 320 HOLTAN RESIDENCE 239 SEABREEZE AVENUE 2024 | 1793-24 HOLTAN VARIANCE Exhibit AFRONT PROPERTY L INE 10' POOL SETBACK LINE (deck less than 4' above top of seawall)SIDE PROPERTY LINE10'-0"25'-2 1/ 2" 23'-6 1/2" S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C REAR PROPERTY LINE 30' FRONT SETBACK 4'-9 1/ 2" 6'-5 1/2"7.5 SIDE YARD SETBACK LINE26'-6" 3'-6"23'-3 1/2"6'-8 1/2"22'-9 1/2"7'-2 1/2"10' SIDE YARD ( WATERFRONT ) SETBACK LINE 7'-6" S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C2 C3 134.0584132.6438 116.5566 309.1612 30' 182.9368EAST 15'OF LOT 26100' WIDE WATERWAY FRONT PROPERTY L INE 25' REAR SETBACK LINE 20' POOL SETBACK LINE (if more than 4' above top of seawall) 10' POOL SETBACK LINE (if 4' or less above top of seawall)SIDE PROPERTY LINE10'-0"25'-0"20'-0"10'-0"100' WIDE WATERWAY25'-0"20'-0"10'-0"17'-5 1/ 2" 21'-1"23'-4"25'-2 1/ 2" 23'-6 1/2"22'-8 1/2"36'-6 1/2"13'-7"22'-9 1/2"25' REAR SETBACK LINE 20' POOL SETBACK LINE (if more than 4' above top of seawall) 10' POOL SETBACK LINE (if 4' or less above top of seawall) S E A B R E E Z E A V E N U E (6 0 ' R I G H T - O F - W A Y ) C1 C REAR PROPERTY LINEREAR PROPERTY LINE EAST 15'OF LOT 26PROPOSED HOME FOR VARIANCEEXISTING HOMESIDE PROPERTY LINE10' SIDE SETBACK LINE1'-9 1/2" 2'-7" 250 sqft 14 sqft 4 sqft 8 sqft 216 sqft 131 sqft 85 sqft 196 sqft 30' FRONT SETBACK30' FRONT SETBACK13'-0"3'-6"17'-0 1/2"26'-6 1/2" 12'-6 1/ 2" 8'-11" 4'-7 1/ 2"6'-10"7'-2"6'-1 1/2"FRONT PROPERTY L INE DIAGRAM KEY AREA OF ENCROACHMENT Page 302 of 320 1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPE 230 SEABREEZE AVENUE LAND TRST 266 EGRET AVE NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 27 + E 15FT OF LOT 26 27484200001 U BASTANI, KEN K KRISTIN A CARTER 261 CHANNEL DR NAPLES, FL 34108---2143 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 3 27483320005 U BLUE DIAMOND 2806 LLC PO BOX 393 SADDLE RIVER, NJ 07458---393 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 6 27483440008 U BOLL INVESTMENTS LLC 2263 COACH HOUSE LN NAPLES, FL 34105---2712 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 32 27484400005 U CF SEABREEZE LLC 184 SEABREEZE AVE NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 24 27484120000 U GEORGE, FRANKLIN 196 SEABREEZE AVE NAPLES, FL 34108---2146 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 25 & LOT 26,LESS E 15FT OF LOT 26 27484160002 U GUS OLYMPIDIS REV TRUST BETH ANN OLYMPIDIS REV TRUST 213 S STATE RD 49 VALPARAISO, IN 46383---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 1 27483240004 U HENSLEY, CYNTHIA D DARREN C WHITENER 235 SEABREEZE AVE NAPLES, FL 34108---2147 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 30 27484320004 U KENNETH & EILEEN ROLLIN TRUST 257 SEABREEZE AVE NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 29 27484280005 U KOHLER III, CHARLES E RUTHANN P KOOHLER KAUF 1060 LONG SHOALS PT GREENSBORO, GA 30642---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 5 27483400006 U KONKUS PROPERTIES LTD LLC MARC A & ANDREA L KONKUS CHRISTOPHER JOHNSON 5061 BRITTON FARMS DR HILLIARD, OH 43026---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 4 27483360007 U SANCHEZ FAMILY INVESTMENTS LTD 18300 NW 62ND AVE STE 300 HIALEAH, FL 33015---8217 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 28 27484240003 U WARFEL, DAMON F & NANETTE O 17069 MARINA COVE LN FORT MYERS, FL 33908---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 33 27484440007 U WEAVER, LYNN A 283 CHANNEL DR NAPLES, FL 34108---0 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 2 27483280006 U WYATT JR, E LEE & JACI L 219 SEABREEZE AVENUE NAPLES, FL 34108---2147 CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 31 27484360006 U PAQUETTE, GERALD & DEBORAH 100 WATERLOO TIMMINS P4N 4X5 CANADA CONNER'S VANDERBILT BCH EST UNIT 1 BLK D LOT 34 27484480009 F Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. Petition: PL20240006022 | Buffer: 150' | Date: 9/25/24| Site Location: 27484200001 POList_150 4862-5900-5417 v.1 Page 303 of 320 www.surveyflorida.comLAND SURVEYORS AND MAPPERS L.B. 78627422 MELDIN COURTNAPLES, FLORIDA 34104PHONE: 239-595-7632SPage 304 of 320 1 John Kelly From:John Kelly Sent:Friday, October 11, 2024 4:50 PM To:John Kelly Subject:VA-PL20240006022 - 230 Seabreeze Ave - Public Hearing Sign Posting Attachments:Posting1.jpg; Posting2.jpg; Posting3.jpg I, John Kelly, personally posted a Public Notice sign announcing the October 24, 2024, public hearing for the subject project to the front of the subject location at approximately 2:40 P.M. this date as evidenced by the attached photographs. Posting of this sign was delayed by Hurricane Milton and public safety concerns. Respectfully, John Kelly Planner III Zoning Office:239-252-5719 2800 N Horseshoe Dr. Naples, Florida 34104 John.Kelly@colliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 305 of 320 Page 306 of 320 Page 307 of 320 Attachment D – Public Correspondence VA -PL20240006022 230 Seabreeze Ave Letters of Support Collins – 184 Seabreeze Ave Whitener – 235 Seabreeze Ave Rollins – 257 Seabreeze Ave Sanchez – 291 Seabreeze Ave Olympidis – 295 Channel Dr Page 308 of 320 1 John Kelly From:John Collins <cfseabreeze@gmail.com> Sent:Monday, October 7, 2024 9:57 AM To:John Kelly Cc:matthew.holtan@mac.com; Tom Collins Subject:VA-PL20240006022 - 230 Seabreeze Ave variance request Attachments:230 Seabreeze - Variance Support Letter.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Kelly, please find attached the signed support letter for the subject variance. Thanks, john. -- Page 309 of 320 Page 310 of 320 Page 311 of 320 Page 312 of 320 1 John Kelly From:Darren C. Whitener <dwhitener@doc2MD.net> Sent:Friday, October 4, 2024 4:16 PM To:John Kelly Cc:Matthew Holtan Subject:230 seabreeze variance letter Attachments:VL-PL20240006022.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Kelly, Please see attached regarding a variance for 230 Seabreeze Ave. If you have any questions, please call me on my cell at: 239-821-5554. Best regards, Darren Whitener 235 Seabreeze Ave Page 313 of 320 Page 314 of 320 1 John Kelly From:Eileen Rollin <rollin92@me.com> Sent:Monday, October 14, 2024 10:14 AM To:John Kelly Subject:Holtan Variance support letter Attachments:Holtan Variance -- Ltr of Support.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme cau Ɵon when opening aƩachments or clicking links. Please let us know if you require anything else from us. Eileen and Ken Rollin 248-719-6619 257 Seabreeze Ave. Naples, FL 34108 Page 315 of 320 John Kelly, County Planner Collier County Growth Management Via E-mail: john.kelly@colliercountyfl.gov 2800 North Horseshoe Drive Naples, Florida 34104 Re: VA-PL20240006022 - 230 Seabreeze Ave variance request Mr. Kelly, I/We own the property located at 257 Seabreeze Ave., Naples FL 34108, and we write in support of the above-referenced variance applica[on. I/We have reviewed the variance request and understand that it will be considered by the County Hearing Examiner on October 24, 2024. I/We have no objec[on to the variance request and therefore urge that the County approve the applica[on. Please include this le_er in the agenda materials for this applica[on and ensure that the County Hearing Examiner receives a copy. Thank you. Sincerely, ___________________________ 10/14/2024__ Signature Date Kenneth and Eileen Rollin ___________________________ Printed Name Page 316 of 320 1 John Kelly From:vivian sanchez <vtsanchez@bellsouth.net> Sent:Wednesday, October 9, 2024 1:58 PM To:John Kelly Subject:VA-{:20240006022-230 Seabreeze Ave Attachments:230 Seabreeze Variance Request.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Kelly, attach please find signed Variance Request as per requested. your attention to this matter is appreciated. Cordially, Ref: Fernando J. Sanchez, MD. Owner of property: 291 Seabreeze Ave, Naples Fl. 34108 Cell: (954)914-5421 Vivian T. Sanchez Internal Medicine Of Miami Gardens Office Administrator 18300 NW 62ND. Ave. Suite 300 Hialeah, Florida 33015 (305)628-4600: Office (305)628-8090: Fax Page 317 of 320 Page 318 of 320 Page 319 of 320 10/24/2024 Item # 3.E ID# 2024-1287 ** This item has been continued to the November 14, 2024, HEX Meeting ** Petition No. NUA - PL20240009263 - Benton Road and Lamb Lane - Request for a non-conforming use alteration pursuant to LDC Section 9.03.03.B to allow the replacement of a non-conforming manufactured home which was damaged beyond repair in the 2023 31st Street fire. The subject property is ±5 acres and located at 2650 Lamb Lane, approximately 350 feet north of the intersection of Benton Road and Lamb Lane, in Section 24, Township 49 South, Range 27 East, Collier County, Florida [Sean Sammon, Planner III] Commissioner District 5 ATTACHMENTS: None Page 320 of 320 AGENDA COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 1:00 PM ON THURSDAY, OCTOBER 24, 2024, IN CONFERENCE ROOMS 609/610 AT THE GROWTH MANAGEMENT- COMMUNITY DEVELOPMENT DEPARTMENT PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA THE PUBLIC WILL HAVE THE OPPORTUNITY TO PROVIDE PUBLIC COMMENTS REMOTEL Y, AS WELL AS IN PERSON, DURING THIS PROCEEDING. INDIVIDUALS WHO WOULD LIKE TO PARTICIPATE REMOTELY SHOULD REGISTER AT: https://bit.ly/102424HEX ANY TIME AFTER THE AGENDA IS POSTED ON THE COUNTY WEBSITE, WHICH IS 6 DAYS BEFORE THE MEETING OR THROUGH THE LINK: https://colliercofl.portal.civicclerk.com/ INDIVIDUALS WHO REGISTER WILL RECEIVE AN EMAIL IN ADVANCE OF THE PUBLIC HEARING DETAILING HOW THEY CAN PARTICIPATE REMOTELY IN THIS MEETING. FOR ADDITIONAL INFORMATION ABOUT THE MEETING, EMAIL AILYN PADRON AT Ailyn.Padron@colliercountyfl.gov INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING THE PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO AND, THEREFORE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT, AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS A. ** This item has been continued from the 9/26/2024 HEX Meeting to the 10/10/24 HEX Meeting and further continued to the 10/24/24 HEX Meeting** Petition No. PDI- PL20240007161 – Vanderbilt Commons – Request for an insubstantial change to Ordinance No. 2019-34, the Vanderbilt Commons Planned Unit Development (PUD), to amend Section 5.17.C so that the section no longer applies to Lots 5 and 6. The Vanderbilt Commons PUD was originally established as the Carolina Village PUD under Ordinance No. 2005-19, as amended. The PUD name was changed to the Vanderbilt Commons PUD by Ordinance No. 2017-47, as amended. The ±2.51-acre subject property is within the ±14.49-acre PUD and located in the northwest quadrant of the intersection of Vanderbilt Way and Buckstone Drive in Section 34, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: Eric Ortman, Planner III] (Commissioner District 3) B. ** This item has been continued from the 9/26/2024 HEX Meeting to the 10/10/24 HEX Meeting and further continued to the 10/24/24 HEX Meeting ** Petition No. PDI-PL20240004116 – Naples Preserve Villas, LLC requests an insubstantial change to the Onyx RPUD, Ordinance 16-24 for (1), the modification to Exhibit B Table 1 – Residential Development Standards to add internal development standards for a platted townhouse development; and (2) a deviation from LDC 4.07.02.G.1, Open Space Requirements, which requires Residential PUD districts to provide a minimum of 60% useable open space to allow 40% useable open space. The subject 8.72 +/- acre parcel is located on the east side of Santa Barbara Boulevard approximately one-half mile north of Rattlesnake-Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Timothy Finn, Planner III] (Commissioner District 1) C. ** This item has been continued from the 10/10/2024 HEX Meeting** Petition No. SV- PL20240005230 – 3725 Tamiami TRL E – Request for a sign variance from the Land Development Code Section 5.06.04.F.4.a. which requires “On Premises Wall Signs” to have a maximum allowable display area for wall signs that shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for the subject unit up to 24,999 square feet in area, to instead allow one fascia sign that will be a total of 238.7 square feet for the 21,009 square foot subject commercial unit number 3725 at 3747 Tamiami Trail East, Naples, FL 34112, located approximately 700 feet southeast of the intersection of Tamiami Trail East and Palm Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida. (Coordinator: Sean Sammon, Planner III) (Commissioner District 4) D. Petition No. VA-PL20240006022 – 230 Seabreeze Avenue – Request for a variance from LDC 4.02.01.A Table 2.1 to allow a reduction in the front yard setback from 30 feet to 22.8 feet for the proposed construction of a new residential structure to replace the existing residential structure on a ±0.3-acre property located at 230 Seabreeze Avenue in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: John Kelly, Planner III) (Commissioner District 2) E. ** This item has been continued to the November 14, 2024, HEX meeting *** Petition No. NUA-PL20240009263 – 2650 Lamb LN – Request for a non-conforming use alteration pursuant to LDC Section 9.03.03.B to allow the replacement of a non-conforming manufactured home which was damaged beyond repair in the 2023 31st Street fire. The subject property is ±5 acres and located at 2650 Lamb Lane, approximately 350 feet north of the intersection of Benton Road and Lamb Lane, in Section 24, Township 49 South, Range 27 East, Collier County, Florida. (Coordinator: Sean Sammon, Planner III) (Commissioner District 5) 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN