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HEX Final Decision 2024-50 HEX NO. 2024-50 HEARING EXAMINER DECISION DATE OF HEARING. INSTR 6610594 OR 6413 PG 536 RECORDED 11/8/2024 9:50 AM PAGES 17 October 24, 2024 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$146 00 PETITION. 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 5.17.0 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. GENERAL PURPOSE FOR THE PETITION. The petitioner requests an insubstantial change(PDI)to Ordinance No. 2019-34 for the Vanderbilt Commons Planned Unit Development(PUD)to amend Section 5.17.0 so that the section no longer applies to Lots 5 and 6. This will bring the PUD document to match what has already been approved and constructed. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 4. The Neighborhood Information Meeting(NIM)was advertised and 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 1 of 5 5. The public hearing was conducted in the following manner: the County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative,public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing. 6. The County's Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2 lists the criteria for an insubstantial change to an approved PUD ordinance. The Hearing Examiner acting in the capacity of the Planning Commission shall make findings as to the original application with the criteria in Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2.1 LDC Section 10.02.13.E.1 Criteria: 1. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? The record evidence and testimony from the public hearing reflects that there is no proposed change in the boundary of the PUD. 2. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? The record evidence and testimony from the public hearing reflects that there is no proposed increase in the number of dwelling units, intensity of land use, or height of buildings within the development. 3. Is there a proposed decrease in preservation, conservation,recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? The record evidence and testimony from the public hearing reflects that there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. 4. 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? The record evidence and testimony from the public hearing reflects that there is no proposed increase to the size of areas used for non-residential uses and no relocation of non-residential areas. 5. 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? 'The Hearing Examiner's findings are italicized. Page 2 of 5 The record evidence and testimony from the public hearing reflects that there are no substantial impacts resulting from this amendment. 6. 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? The record evidence and testimony from the public hearing reflects that no additional traffic will be generated from this amendment. 7. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? The record evidence and testimony from the public hearing reflects that no, the proposed change is to the ordinance text and will not include any physical changes to the subject property. 8. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? The record evidence and testimony from the public hearing reflects that 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. 9. Are there any modifications 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 elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? The record evidence and testimonyfrom the public hearing reflects that 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. 10. 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 record evidence and testimony from the public hearing reflects that the question is not applicable to the request as the development does not rise to the level of a regional impact. Page 3 of 5 11.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 record evidence and testimony from the public hearing reflects that no, there is no change to the master plan; this is a non-substantial text amendment to the PUD document. LDC Sec. 10.02.13.E.2 Criterion: 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 record evidence and testimony from the public hearing reflects that the petitioner is requesting to modify 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 E1. DEVIATION DISCUSSION. The petitioner is not seeking any deviations. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public,the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve the Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. PDI-PL20240007161, filed by Patrick Vanasse, representing the applicant Vanderbilt 951 Apartments, LLC, with respect to the subject ±2.7-acre parcel that 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, in Section 34 Township 48 South, Range 26 East, in unincorporated Collier County, Florida, for the following: • An insubstantial change (PDI) to Ordinance No. 2019-34 for the Vanderbilt Commons Planned Unit Development (PUD) to amend Section 5.17.0 so that the section no longer applies to Lots 5 and 6. Page 4 of 5 Said changes are fully described in the Proposed PUD Text Changes attached as Exhibit"A" and the Excerpts from Ord. 19-34 and Site Development Plan SDP-PL20190001947 attached as Exhibit`B", and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—Proposed PUD Text Changes Exhibit B—Excerpts from Ord. 19-34 and Site Development Plan SDP-PL20190001947 LEGAL DESCRIPTION. 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,Florida. CONDITIONS. • All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. 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. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. November 6,2024 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 "A" Section 5.17 — Miscellaneous * * * * * * * * * * * * * C. In residential-only buildings, except on Lots 5 and 6, garages shall be provided for ground-floor units. EXHIBIT " 6 " 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. [I9-CPS-01878/I497474/I] 104 Page 1 of 2 Vanderbilt Commons/PUDA-PL20180003366 9/12/19 Ord. 19-34 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. 5.17 MISCELLANEOUS A. Pursuant to Section 125 022(55.) 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 a y I'abTty th part of the countyfor issuance of the •ermit 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. l3. n residential-only buildings.dwelling units shall be rent.d for no I .ss than 12-month p -riods ^Jn residential-only b 'Id' gs garages shall he provided for ground-floor units Imo. In residential-only b 'Id' g , only two and three bedroom units shal be •ermitted. Two-bedroom units shall be a minimum of 800 square feet, and three-bedroom units shall be a minimum of 1,20Q square feet Jr 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, If all residential is built on Lots 5&6,the remaining unbuilt commercial square footage of the Vanderbilt Commons MPUD would not be used beyQj d_that_6rhichjs_permitted as of the effegt(ye_date hereof,and shall not exceed 175,000 square feel All other state or federal permits must be obtained before commencement of the development. Vanderbilt Commons MPUD-PL20180003366 Last Revised:August 15,2019 Shuck-through items have been deleted,Items Underlined have been added Page 23 of 23 Copier County Growth Management Department Development Review Division December 06, 2023 Atwell Group 28100 Bonita Grande DR 4305 Bonita Springs, FL 34135 Re: Final Site Acceptance Letter Project Number:IPL20190001947 I Project Name:IVanderbilt Way Apartments(SDP) I Dear Applicant: II 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. 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E w t i i i i i I 0 i•• RI 11 11 11,E Mil III ii1 II1 INSTR 6096209 OR 5982 PG 1474 RECORDED 7/15/2021 4:46 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $12,600.00 REC $18.50 CONS $1,800,000.00 This instrument prepared without review or opinion of title by,and after recording return to: Kevin A.Denti,Esquire KEVIN A.DENTI,P.A. 2180 Immokalee Road—Suite#316 Naples,Florida 34110.-`' Telephone: 239-261 ; 0-$ > Consideration: $1,800, 00:00'\. Documentary Stamp Tax; W,60 ;01;) Parcel I.D.Number#: 7927180014T ai%d 79271800183 ;r.{,. 1 Above Space for Clerk's Use Only . ,WARRANTY DEED r f, THIS INDENTURE, made,this i 1 " day of July, 2021, by and between VANDERBILT WAY APARTMEN ''S J :,C, a Florida limited liability company, whose post office address is 3838 Tamiami 'Nil o , Naples, Florida 34103, "GRANTOR", and VANDERBILT 951 APARTMENTS LC a\Florida limited liability company, whose post 11 office address is 7742 Alico Road,Fort Mye, ,E1on3a 33912,"GRANTEE". WITNESSETH,that said GRANTOR,for. d.:ltl\consideration of the sum of TEN($10.00) DOLLARS, and other good and valuable consi e 6 1, ;o said GRANTOR in hand paid by said GRANTEE, the receipt whereof is hereby acknowledgelbas granted, bargained, and sold to the said GRANTEE,and GRANTEE'S heirs and assignsrever;the following described real property situate,lying and being in Collier County,Florida,to witN:);;:4 Lots 5 and 6, Vanderbilt Commons,according to tt ,pla- ereof recorded in Plat Book 60, Pages 31 and 32,of the Public Records of Collier ounty,Florida. SUBJECT to easements, restrictions and reservations cortimo�to,the subdivision, oil, gas calendar and mineral rights of record, if any, and real estate taxes for , ear,` 021 and all subsequent years. TOGETHER with all the tenements, hereditaments, and appurtenances'fh reto belonging or in anywise appertaining. GRANTOR does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. *** OR 5982 PG 1475 *** Signed,sealed,and delivered VANDERBILT WAY APARTMENTS, in the presence of: /—. LLC,a Florida limited liability company BY: Ore,d,._kr Itja fiaNN, Witness#1 , Ralph Cioffi,Jr.,Mariar Print Below ! ; ' Witness#Print Name Below f(2.- J • STATE OF FLORIDA j, . COUNTY OF COLLIER The foregoing instrument v'a 2a kt owledged before me by means of [•-hysical presence or [ ] online notarization thls )It' day of July, 2021, by Ralph R. Cioffi, Jr., as Mangier of VANDERBILT WAY APA'1�2��rrM• NTS, LLC, a Florida limited liability company, [ who is personally known to me or [ `Vwho" ., produced as identification. ;�' NOUBLIC J ,:^v% •. MICHAELAJ.BLANCHARD D NAME '••'•�-; TYP Ij lRINTED M OF NOTARY • ,•Commission#GG946658 MY O ISSION EXPIRES: Expires May 12,2024 n';%:P,.f;;;• Bonded Thru Troy Fain Insurance 800.385-7019 S:\Clients\Vanderbilt Way Apartmcnts\Hacienda Lakes\Warranty Deed '.,