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Ordinance 2024-45 ORDINANCE NO. 2024 - 45 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS MATTSON AT VANDERBILT RPUD, TO ALLOW CONSTRUCTION OF UP TO 150 MULTI-FAMILY RENTAL UNITS WITH AFFORDABLE HOUSING ON PROPERTY LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD, APPROXIMATELY 828 FEET FROM THE INTERSECTION OF VANDERBILT BEACH ROAD AND LIVINGSTON ROAD, IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 5.88± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. IPL20220001011] WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing 3333/3375 VBR, LLC, petitioned the Board of County Commissioners of Collier County, Florida. to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) for a 5.88± acre project to be known as Mattson at Vanderbilt RPUD, to allow construction of a maximum of 150 multi- family dwelling units. in accordance with Exhibits A through F-1 attached hereto and [23-CPS-02327/1899176/I]119 Mattson at Vanderbilt RP'JD-PL2022000101 I 1 of 2 10/23/24 Ordinance Number 2024-44, as amended, the Collier County Land Development Code. is/are hereby amended accordingly. SECTION TWO: 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. 2024-44 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida. this 22nd day of October. 2024. ATTEST '°'r,a• °art Q,? BOARD OF COUNTY COMMISSIONERS CRYSTAI-: P .`KI\7l I„AI ERK COLLIER COUNTY, FLORIDA 13v: By: Attest as to C :ai ah''s.••' puty Clerk C s all, Chairman signatu're, Approved as to tbrm and legality: This ordinance filed with the 0.,A‘ Se etary of toe' Officce the Heidi F. Ashton-Cicko day of and acknowledgement that Managing Assistant County Attorney ` . :Ned this q`0 day of - .r'-1' 'r �/ By � 71e r • putt otort Exhibit A: List of Permitted Uses Exhibit B: Development and Design Standards Exhibit C: Master Concept Plan Exhibit D: Legal Description Exhibit E: Deviations Exhibit F: Development Commitments Exhibit F-1: Enhanced Buffer 123-CPS-02327/1899176/11119 Mattson at Vanderbilt RPUD-PL20220001011 2 of 2 10/23/24 EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 150 multi-family rental dwelling units (at a density of 25.5+/- units per acre) shall be permitted within the PUD. No building or structure, or part thereof, shall be erected,altered or used,or land used,in whole or in part,for other than the following: RESIDENTIAL: A. Principal Uses: 1. Dwelling Units: Multi-family rental units Any other principal use which is comparable in nature with the foregoing list of permitted principal uses,as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Carports and garages; and 2. Clubhouses, to serve residents and guests; and 3. Community administrative facilities and recreational facilities intended to serve residents and guests; and 4. Construction offices (during active construction only); and 5. Leasing offices; and 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas; and 7. Screen enclosures; and 8. Swimming pools and spas for residents and their guests; and 9. Water management facilities to serve the project such as lakes. Mattson at Vanderbilt RPUD PL20220001011 October 17, 2024 Page 1 of 10 EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standard tables. 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. TABLE I PRINCIPAL STRUCTURES*2 MULTI-FAMILY Minimum Floor Area per unit 650 SF Minimum Lot Area N/A Minimum Lot Width N/A Minimum Lot Depth N/A Minimum Setbacks Front Yard 50 feet PUD Boundary(North, East&West) 75 feet Minimum Distance Between Buildings 20 feet Maximum Building Height Zoned 50 feet Actual 60 feet ACCESSORY STRUCTURES*2 Minimum Setbacks Front Yard 35 feet*4 PUD Boundary(East&West) *1 10 feet PUD Boundary(North) *1 15 feet Minimum Distance Between Buildings*3 10 feet Maximum Building Height Zoned 25 feet Actual 30 feet SPS-Same as Principal Structure *1-Does not apply to passive recreational uses such as trails/pathways. *2 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape,passive parks and access control structures shall have no required internal setback, except as listed below, and are permitted throughout the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. *3-Zero feet if attached. *4-Lakes and open space and water management facilities may be reduced to 15 feet. Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Note: nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Mattson at Vanderbilt RPUD PL20220001011 October 17, 2024 Page 2 of 10 I Cn N O m m < u) o -I m — o m O D Z . I Km > D D zKm � m C r= o z 2�333f19 3d` OSONV1 .V.3dl l 34IM,01. — , r-- _ _ _ _ I� u------7- m lJ z_ 1 ,, : ›, C; I I ,.: . __ .. _ ,-..„ c:, 0 �:: I ��,-. of I \\ \ \ \\\ \ \ g 1 C N cn 0 _ Iol ml m m - a < 1m1: - El N CZ 1 LI Cm f- Im. \ . r I o • n �0 t to - rr \ 70 \ l D I = n • o c \ 0 0z 0s= co � �m N I � = o _ � > \ 0 I 0 r lD m 73 -al - _ = a I r Qm y \ COI cn 1J C . Io \ Izc � \ \ � m ci j n X Il • m m1 r -t. I Wl W I 9 5 2 g - Iml \ mI 0' • . � I � _ � 111 _401 _ - � El I _ _ O m m _ m y b3AdnEl 3c1VOS4Md1 M.3dl l 34IM.01. 'i DDH m y mmW O r N P m0 O 0Cz m0 mm= ', Z ODD Z -1 cam ZX '- Orrnn m-0 b m -0 A � c-) tll 0m LU! p0m Z H Z C -I b 73 moo mcc gm v' � e. im 0 II 0 - N X - -0O C c.i o G:\6LANNING\PROD - PLANNING\VBRRL-22 MATTSON AT VANDERBILT\DRAWINGS\EXHIBIT C FAdSTER 111LAN-R4.DWG 12/6/2023 8:21 AM SITE SUMMARY TOTAL SITE AREA: 5.88± ACRES RESIDENTIAL: 5.48± ACRES (93%) BUFFERS: 0.40± ACRES (7%) RESIDENTIAL: MAXIMUM 150 MULTI-FAMILY RENTAL DWELLING UNITS OPEN SPACE: REQUIRED: 60% PROVIDED: 40% (SEE DEVIATION #2) PRESERVE: REQUIRED: 0± ACRES (0 ACRES NATIVE VEGETATION X 25%) PROVIDED: 0± ACRES TREE PRESERVATION: REQUIRED: 1.8 TREES (12 EXISTING TREES X 15%) PROVIDED: 2 TREES DEVIATIONS (SEE EXHIBIT E) 1. RELIEF FROM LDC SECTION 4.05.04, TABLE 17, PARKING SPACE REQUIREMENTS FOR MULTI-FAMILY DWELLINGS z 2. RELIEF FROM LDC SECTION 4.07.02.G.1, OPEN SPACE REQUIREMENTS 3 NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. MATTSON AT VANDERBILT RPUD SEAS: 1111GradyMinor 0.CraJy\Aliror aml n,.VIA I)S, JOB BRRZ :MOO VIA WI Ery g CODE:2 3 000:L:w SprinR..rluriae 3u3I EXHIBIT C GATE: OCTOBER 2011 42 Civil Engineers . Lund Surmors . Planners . Landscape Architects MASTER PLAN NOTES FILE NAME: u•rarwni_r:nonusl5l u•rr nuni_Ll unorl;l nwar..II,zruo°'60 REVISED DECEMBER 11, 2023 :BulBsC uns.Ea g 134nii I A Springs: 239.947.1144 Inn.Gr,)I,Winnr.rnm Pori\10 rr.:239 6911 43811 SHEET 2 OF 3 EXHIBIT D LEGAL DESCRIPTION THE EAST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE SOUTH 150.00 FEET FOR RIGHT-OF-WAY,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 31,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 89°56'12" E., ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31, FOR A DISTANCE OF 991.18 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31;THENCE RUN N 02°11'42"W.,ALONG THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, FOR A DISTANCE OF 150.12 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD. A 150 FOOT RIGHT-OF-WAY AS SHOWN ON FDOT RIGHT-OF-WAY MAP SECTION 03512-2601, DATED 11-21-78, SAID POINT LYING 150.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31 AND ALSO BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. 02°11'42" W., ALONG THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31,FORA DISTANCE OF 517.35 FEET TO A POINT ON THE NORTH LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE RUN S. 89°56'42' E., ALONG SAID NORTH LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31,FORA DISTANCE OF 330.09 FEET TO A POINT ON THE EAST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31.THENCE RUN S. 02°13'16" E.ALONG THE EAST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, FOR A DISTANCE OF 517.41 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD;THENCE RUN N.89°56'12"W.PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31 AND ALONG SAID NORTH RIGHT-OF-WAY LINE FORA DISTANCE OF 330.33 FEET TO THE POINT OF BEGINNING. AND THE EAST 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, LESS THE SOUTH 150 FEET OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONTAINING 5.88 ACRES, MORE OR LESS Mattson at Vanderbilt RPUD PL20220001011 October 17, 2024 Page 5 of 10 EXHIBIT E LIST OF DEVIATIONS Deviation #1: Relief from LDC Section 4.05.04, Table 17, Parking Space requirements for multi-family dwellings, which requires: All units shall have 1 parking space per unit plus visitor parking computed at 0.5 per efficiency unit, 0.75 per 1-bedroom unit,and 1 per 2-bedroom or larger unit. Office/administrative buildings shall have parking provided at 50 percent of normal requirements. Where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project, exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities. However, any recreation facility shall have a minimum of 2 spaces exclusive of parking spaces for dwelling units. To instead allow parking to be provided at a ratio of 1.6 parking spaces per unit, with no requirement to provide additional parking for the recreation facilities. Deviation #2: Relief from LDC Section 4.07.02.G.1, Open space requirements,which requires within PUD districts composed entirely of residential dwelling units and accessory uses, at least 60 percent of the gross area shall be devoted to usable open space to instead allow 40 percent of the gross area be devoted to usable open space. Mattson at Vanderbilt RPUD PL20220001011 October 17, 2024 Page 6 of 10 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. 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 3333/3375 VBR LLC, 3838 Tamiami Trail N, Suite 402, Naples, FL 34103. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff,and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity,but the Managing Entity shall not be relieved of its responsibility under this Section.When the PUD is closed-out,then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. 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." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: A. The maximum total daily trip generation shall not exceed 85 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. In lieu of providing compensatory right-of-way for the required turn lane, the owner at the time of SDP shall convey to County, at no cost to County and free and clear of all liens and encumbrances,a 5 foot by 25 foot easement adjacent to the turn lane for use as a future CAT bus stop shelter.The perimeter landscape buffer will be located outside of this easement. ENVIRONMENTAL: A. No native preservation area is required as there is no native vegetative community on the property. Twelve native trees exist on-site, and 15%, or 2 trees will be retained or replanted consistent with LDC Section 3.05.07.A.2. The retained or replanted trees will be shown on the Site Development Plan. Mattson at Vanderbilt RPUD PL20220001011 October 17, 2024 Page 7 of 10 B. The required Type B buffer along the northern property boundary shall be enhanced to include additional tree plantings consisting of Sabal Palms planted at a staggered heights ranging from 14' to 22' at time of planting, planted in clusters of 3 trees 10' on center, with clusters spaced no greater than 50' on center and Areca Palms (or similar) ranging from 8'to 10'at time of planting, planted at 50' on center. See Exhibit Fl, Enhanced Buffer. AFFORDABLE HOUSING: A. Of the total units constructed the project shall comply with the following: 1. 15% of the units would be rented to individuals or families that make 80% or less of the area median income (AMI) for Collier County. 2. 15%of the units would be rented to individuals or families that make 100%or less of the area median income (AMI) for Collier County. 3. 10% of the units would be rented to individuals or families that make 50% or less of the area median income (AMI) for Collier County. 4. 8%of the units would be rented to individuals or families that make 120% or less of the area median income (AMI) for Collier County. 5. At time of each SDP,no less than 48%of the dwelling units will be identified as affordable and shown on the SDP with the AMI required ranges and fractional numbers will be rounded up to the nearest whole unit. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. By way of example,the 2023 Florida Housing Finance Corporation Income and Rent Limits are: boom.Wwr br Nw.4n d Fea.le to tr.lt Asir tea ey Number u .ei oanr In unit 2023 Percentage c. ..x 1 2 4 1 2 Comer 3096 tn......q,u. $ 21,000 $ 24,000 $ 10,000 $ 562 $ 615 $ 819 County 50% v.rylow $ 34,950 LS 39,950 $ 49,900 S 936 $ 1,123 $ 1,297 Median 60% •.. $ 41,940' 5 47,940 $ 53,940 S 1,123 $ 1,348 $ 1,557 Household 80% Low $ 55.900 $ 63,900. $ 79,850 $ 1,497 $ 1,797 $ 2,076 Income 100% was $ 69,890 $ 79,890 $ 99,805 $ 1,872;$ 2,247.$ Z595 S104,700 120% Moderes. $ 83,880 5 95,880, $ 119,760 $ 2,247.S 2,697 $ 3,114 141Yi. ' .? $ 97,860 $ 111,860 $ 139,72D $ 2.621 $ 3.146 $ 3,633 Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. B. Initial preference to Set Aside Units shall be given to Essential Service Personnel (ESP). a. ESP means natural persons or families at least one of whom is employed as police or fire personnel, a childcare worker, a teacher or other educational personnel, healthcare personnel, or public employee. Mattson at Vanderbilt RPUD PL20220001011 October 17, 2024 Page 8 of 10 b. Initially,each Set Aside Unit will be held vacant and advertised for ESP for a minimum of 90 days prior to the issuance of a certificate of occupancy. In the event that no ESP rents the available Set Aside Unit, then the unit may also be offered to the general public (non-ESP) but shall remain a Set Aside Unit and be rent and income restricted accordingly. After the initial offering of a unit, no preference will be given to ESP. However, when a unit becomes available advertising as set forth in paragraph (c) below shall be provided. c. At a minimum, advertising will consist of provided written notice to the Collier County Community and Human Services Division and the human resource departments for local hospitals, the Collier County Public School District, Collier County Government, other municipalities within Collier County, all EMS and fire district, and the Collier County Sheriff's Office. C. As part of the annual PUD monitoring report,the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units,including rent data for rented units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on-site monitoring by the County. Mattson at Vanderbilt RPUD PL20220001011 October 17, 2024 Page 9 of 10 �F m m /r 3O • 1. Z Y 3D O O Z1 4 zA Z -0 • =,m z -ri CD A - 1:1 0 3 I fTt m CJ F d -4 a Ifi. mI:I m aD 1 A I �a 9� 11 a 1 z o II r fii < E P N � Y II OD� N a Al:F Dc -J =. , = $ t Y • � rnrn * rn z r in Ill f_ '. s i: i Z m fl Dlia Q r j s =. r Ili 73 -c Z m 1 A3 c i s. + d rTl A D 7 co g m m m A . - H g� D ¢ Z rn o M o "„ oA `-) OA . . .„, -C1 T .,;.# 0. rn x o � ➢ <Z rnr _ L�J 3 mpZm •9 X • ' cm� ca . Zom .. m co O . :.... - cn c m t%n ...� . - m f ti, h 9e N m qi W y 0. CP ()` • Z I. N ZI h 0 rn T x co W - Z . - B 1 ime—z,—int.--- N ,_ i,:\PLANNING\MROJ - 6LA141IN(,\VHl R-22 MA1'SDN AI VANDERBIL,\DRAWINGS\EXHIBIT F1.DWG 6/5/2021 9:38 AM FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 28, 2024 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2024-45, which was filed in this office on October 28, 2024. Sincerely, Alexandra Leijon Administrative Code and Register Director AL R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270