Ordinance 2008-24
ORDINANCE NO. 08- 24
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER
04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH
INCLUDES 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 PLANNED UNIT
DEVELOPMENT (PUD) TO COMMUNITY
FACILITIES PLANNED UNIT DEVELOPMENT
(CFPUD) FOR A PROJECT TO BE KNOWN AS
THE V ANDERBIL T TRUST 1989 CFPUD, TO
ALLOW DEVELOPMENT OF A MAXIMUM OF
200 ASSISTED LIVING, CONTINUING CARE
RETIREMENT COMMUNITY, NURSING HOME,
RETIREMENT COMMUNITY AND/OR
INDEPENDENT LIVING FACILITY UNITS FOR
PERSONS OVER THE AGE OF 55, TO BE
DEVELOPED AT A MAXIMUM 0.6 FLOOR AREA
RATIO, FOR PROPERTY LOCATED ON THE
NORTH SIDE OF V ANDERBIL T BEACH ROAD
(CR 862), APPROXIMA TEL Y 1/4 MILE EAST OF
LIVINGSTON ROAD (CR 881), IN SECTION 31,
TOWNSHIP 48 SOUTH, AND RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF
7.8:1: ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 99-70, THE FORMER
VANDERBILT TRUST 1989 PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
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i..)
WHEREAS, Wayne Arnold, of Q. Grady Minor & Associates, Inc., and Richard D.
Yovanovich, of Goodlette, Coleman, and Johnson, P.A., representing Amy S. Turner and/or
Tammy Turner Kipp, petitioned the Board of County Commissioners 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 the Planned Unit
Development (PUD) Zoning District to the Community Facilities Planned Unit Development
CFPUD) Zoning District for the Vanderbilt Trust 1989 CFPUD, in accordance with Exhibits A-
H, which are attached hereto and which are incorporated herein and by referenc(~ made part
(1-29-08) Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-II723
Page I of2
hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-70, known as the VanderbiJt Trust 1989 PUD, adopted on October
12, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a super-majority vote of the Board of County
Commissioners of Collier County, Florida, this J3+tday Of~, 2008.
ATTEST:. \ .
\.J "-
DWf(JHTE. BR08K, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A 5tl$, t9 ~II<<',
. guUn GIrl,.: J
BY:
.:k
ty Clerk
Approved as to form and
legal sufficiency
1Pa(l^~;A~' on. ~ -~
arjo e M. Student-Stirling
Assistant County Attorney
PUDZ-A-2007-AR-II723/KD/sp
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
List of Allowable Uses
Development Standards
Master Plan
Legal Description
List of Deviations with Justification
List of Developer Commitments
Landscape Buffers
Alternative Landscape Plan
1'\..,ls -.>rdinance f!',:~ 1,,,' ',-
,S.eo'etary ot S~nte's Od-'.-;;' .
_U.',O\joy 'If ~_. 2.00$
end acknowjedq~~rncnt '~ :"','
:,m"C'"Ytd JS;' ~'2:'L "
(1-29-08) Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-II723
Page 2 of2
EXHIBIT A
FOR
VANDERBILT TRUST 1989 CFPUD
PERMITTED USES:
A maximum of 200 units of the principal uses identified below may be developed within
the CFPUD. Of the 200 authorized units within the CFPUD. a maximum of 175 units may
be developed for independent living units for persons aged 55 and over or retirement
community uses. For purposes of this CFPUD. retirement community shall be defined as
one or more dwelling units consisting of apartments, condominiums, or a self-contained
village, which is restricted to adults or senior citizens who are self-sufficient. They may
also contain special services such as medical facilities, dining facilities, and some
limited, supporting retail facilities. No building or structure, or part thereof, shall be
erected, altered or used, or land used, in whole or in part, for other than the following:
I. Community Facility Tract
A. Principal Uses:
1. Assisted living facilities, independent living facilities for persons over age 55,
continuing care retirement communities, retirement communities, and
nursing homes. All uses shall be permitted at a combined maximum F.A.R. of
0.6.
2. Essential services, per Section 2.01 .03.A of the Land Development Code
(LDC).
B. Accessory Uses/Structures:
1. Signs, water management, essential services, gate houses, covered parking,
nature trails, indoor and outdoor recreational facilities.
2, Other accessory uses and structures customarily permitted for the above-
referenced principal use.
3. Private amenities such as beauty and barber shops, transportation services,
resident dining (including private restaurant/lounge and/or cafeteria),
physical fitness facilities, meeting rooms and other personal services related
to assisted living facilities, independent living facilities for persons over age
55, continuing care retirement communities, retirement communities, and
nursing homes.
4. Model units and on-site leasing, sales and maintenance facilities.
C. Operational Characteristics:
The developer of the independent living units and retirement community, its
successors or assigns, shall provide the following services and/or be subject to
the following operational standards:
1. The facility shall be for residents 55 years of age and older.
PUD Document 5-20-08 (BCC - clean).doc Page 1 of 10
VBRCPUD
2. There shall be on-site dining for the residents.
3. Group transportation services shall be provided for residents for the purposes
of grocery and other types of shopping. Individual transportation services
shall be coordinated for the residents' individualized needs including but not
limited to medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents
with their individual needs. The manager/coordinator shall also be
responsible for arranging trips to off-site events as well as planning for
lectures, movies, music and other entertainment for the residents at the on-
site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness
programs shall be provided for the residents.
6. Each unit shall be equipped with pull cords designed to notify emergency
service providers in the event of a medical or other emergency.
7. Each unit shall be designed so that a resident is able to age-in-place. For
example, kitchens may be easily retrofitted to lower the sink to
accommodate a wheelchair bound resident or batr,rooms may be
retrofitted to add grab bars.
II. Preserve Tract
A. Principal Uses:
1. Open space, passive recreation, walking trails, and water management
facilities.
2. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA) through the
process outlined in the LDC.
-
PUD DocumenI5-20-08 (BCC - clean).doc
Page 2 of 10
VBRCPUD
EXHIBIT B
FOR
VANDERBILT TRUST 1989 CFPUD
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the CFPUD.
Standards not specifically set forth herein shall be those specified in applicable sections
of the LDC in effect as of the date of approval of the site development plan [SDP) or
subdivision plat.
TABLE I
DEVELOPMENT STANDARDS FOR MIXED USE DISTRICT
PRINCIPAL STRUCTURES ACCESSORY USES
MINIMUM LOT AREA 10,000 NA
MINIMUM LOT WIDTH 75 ft. NA
MINIMUM YARDS (External)
From Vanderbilt Beach Road right- 25 ft. 25 ft.
of-way
From Northern Project Boundary 25 ft. 15 ft.
From Eastern Project Boundary 40 ft. 40 ft.
From Western Project Boundary 15 ft. 15 ft.
MINIMUM YARDS (Internal)
Internal Drives/Right-of- lOft. Oft.
way/Property Lines
Preserve
25 ft. 10 ft.
MIN. DISTANCE BETWEEN 20 ft. or Y:, sum of building heights*
STRUCTURES
MAXIMUM HEIGHT
Zoned Height 3 stories over parking, not to exceed 50 ft. 25 ft,
Actual Heiqht 3 stories over parkinq not to exceed 62 ft. 35 ft.
MAXIMUM FLOOR AREA RATIO (FAR) FAR. 0.6**
* whichever is greater
.. Excluding parking areas under buildings
PUD Document 5-20-08 (BCC - clean).doc Page 3 of 10
VBRCPUD
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EXHIBIT D
FOR
VANDERBILT TRUST 1989 CFPUD
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 31. TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 31. TOWNSHIP
48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89056'12" WEST.
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31, FOR A DISTANCE OF
661.05 FEET: THENCE RUN NORTH 02011' 18" WEST FOR A DISTANCE OF 150.12 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED:
FROM SAID POINT OF BEGINNING, ALSO BEING A POINT 150 NORTH OF AND PERPENDICULAR TO
SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, THENCE RUN NORTH 89056'12"
WEST, AND PARALLEL WITH, AND 150 FEET NORTH OF, SAID SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 31. FOR A DISTANCE OF 660.98 FEET TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
31; THENCE RUN NORTH 02009'51" WEST. ALONG SAID WEST LINE, FOR A DISTANCE OF 517.32 FEET
TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 31; THENCE RUN SOUTH 89056'42" EAST. ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 31, FOR A DISTANCE OF 660.76 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31: THENCE
RUN SOUTH 02011'18" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, FOR A DISTANCE OF 517.43 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 7.843 ACRES,
MORE OR LESS.
PUD Document 5-20-08 (BCC - clean).doc Page 5 of 10
VBRCPUD
EXHIBIT E
FOR
VANDERBILT TRUST 1989 CFPUD
DEVIATIONS
1, A deviation from LDC Section 5.05.04.0.3, which establishes parking
standards for group housing uses including independent living units, assisted
living units, and nursing care units, to establish a parking standard for a
retirement community use as one (1) parking space per unit.
2. A deviation from LDC Section 4.05.04.G, which states that multi-family
clubhouse structures require parking spaces at a ratio of 1 parking space per
200 square feet and swimming pools require parking spaces at 1 per 75
square feet for the first 1,000 square feet and each additional 125 square
feet, in order to provide parking for the clubhouse facility and pool at a ratio
of 1 parking space per 800 square feet. or 25% of the standard clubhouse
parking standard.
3. A deviation from LDC Section 4.06.02.C., which requires that a 15 foot wide
Type B buffer must be provided between a clubhouse and any multi-family
dwelling unit, to allow the developer to install landscape buffers between the
senior housing buildings and the clubhouse amenity building in compliance
with the alternative landscape plan, Exhibit H.
4. A deviation from LDC Subsection 5.03.02.E which requires that nonresidential
projects contiguous to residential projects provide a masonry wall or
prefabricated concrete wall or fence, to permit the developer to provide a
15 foot wide Type B landscape buffer without a wall along the northern and
eastern project boundaries.
PUD DocumenI5-20-08 (BCC - clean).doc Page 6 of 10
VBRCPUD
EXHIBIT F
FOR
VANDERBILT TRUST 1989 CFPUD
LIST OF DEVELOP~R COMMITMENTS
Regulations for development of the Vanderbilt Trust 1989 CFPUD shall be in accordance with the
contents of this CFPUD Document and applicable sections of the LDC and Growth
Management Plan (GMP) in etfect at the time of Issuance of any development order to which
said regulations relate. Where this CFPUD Ordinance does not provide development standards.
then the provisions of the specific sections of the LDC that are otherwise applicable shall apply.
A. TRANSPORTATION
I. All traffic control devices, signs, pavement marking, and design criteria shall
be in accordance with the Florida Department of Transportation (FOOT)
Manuai of Uniform Minimum Standards (MUMS), current edition, FOOT Design
Stondards, current edition, and the Manual on Uniform Traffic Control Devices
(MUTCD), current edition.
2. Access poinfs shown on the CFPUD Master Plan are considered to be
conceptuaL Nothing depicted on any such Master Pian shall vest any right of
access at any specific point along any property boundary. The number of
access points constructed may be less than the number depicted on the
Master Plan: however, no additional access points shall be considered unless
a PUD amendment is approved.
3. Site related improvements (as opposed to system related improvements)
necessary for safe ingress and egress to this project. as determined by Coliier
County, shall not be eiigible for impact fee credits. All improvements
necessary to provide safe ingress and egress for construction-related traffic
shall be in place and operational prior to commencement of on-site
construction.
4. Nothing in any development order (DO) shall vest a right of access in excess
of a right-in/rlght-out condition at any access point. Neither shall the
existence of a point of ingress, a point of egress, or a median opening, nor the
lack thereof, be the basis for any future cause of action for damages against
the County by the developer, its successor In title, or assignee. Coliier County
reserves the right to close an, median opening existing at any time which is
found to be adverse to the health, safety, and welfare of the pubiic. Any
such modifications shall be based on, but not limited to, safety, operational
circulation, and roodway capacity.
5. If any required tum lane improvement requires the use of any existing County
rights-of-way or easement(s), then compensating right-of-way or easements
shall be provided at no cost 10 Coiiier County as a consequence of such
improvement{s) upon tinal approvai of the tum lane design during the review
and approval of the first subsequent development order. The typical cross-
section may not differ from the existing roadway unless approved, in writing
by the Transportation Division Administrator, or his designee.
6. If, in the sole opinion of Coliier County, traffic signal(s), other traffic control
devices, signs, pavement marking improvements within a public right-of-way
or easement, or site related improvements (as Opposed to system related
improvements) necessary for safe ingress and egress to this project. as
determined by Coliier Countv, are determined to be necessary, the cost of
such improvements shall be Ine responsibility of the developer, his successors
PUD DocumenI5-20-08 (BCC - clean).doc
Page 7 of 10
VBRCPUD
or assigns. The improvements shall be paid for or insfalled, at fhe Counfy's
discretion, prior to issuance of fhe appropriafe corresponding CO.
7. The developer shall make a payment in lieu of construcfion of fhe sidewalk
and/or bike lane provided along the projecf's frontage on Vanderbilt Beach
Road. The paymenf shall be made in accordance with fhe LOC and must be
paid at fhe fime of site developmenf plan or plaf approval. whichever occurs
first.
B. PLANNING
1. The Vanderbilt Trust 1989 CFPUO shall have an integrated and common
building architectural style. Where multiple buildings are constructed within
the CFPUO, all buildings shall be constructed using like exterior building
materials and color palate.
2. At the time of SOP approval. the developer shall provide a detailed
landscape plan, which must be in compliance with Exhibit G, Landscape
Buffers, which is adopted as part of the CFPUO commitments.
3. The developer shall supplement the LDC required buffer plantings along the
northern property line by installing a minimum of thirty (3D) sabal paims, wifh a
clear trunk height ranging from 12 feet to 22 feeL and fifteen (15)
Washingtonia Palms with a clear trunk height ranging from 25 feet to 35 feet
for the apprOXimately 270 foot distance of the building facade. These
supplemental plantings shall be planted in an area between lhe northern
building fac;:ade and the project buffer and must be installed prior to the
issuance of the certificate of occupancy for the northern most building.
4. Eastern-facing window views from the living units located in the southernmost
building as depicted on the conceptual master pian must be screened with
vegetation to achieve at least a 90 percent opacity between window views
of the subject project and the neighboring Fieldstone Village Condominiums.
The 90 percent opacity requirement may be achieved through building
and/or landscape design and shall be in place at the time the cerfificate of
occupancy is issued for such building.
5. If the developer builds 175 independent living units, fhe developer shall
provide 175 parking spaces for the independent living units and 13 parking
spaces for the clubhouse for a minimum of 188 parking spaces. The provided
number of parking spaces may be reduced shouid there be a corresponding
reduction in the number of independent living units constructed and/or the
size of the clubhouse facility. The total number of parking spaces for the
project shall be determined at the time of SOP approval.
C. ENVIRONMENTAL
1. A minimum preserve area of 1 . 18 acres shall be provided at the time of site
plan approval.
PUD Document 5-20-08 (Bee - clean).doc
Page 8 of 10
VBRCPUD
EXHIBIT G
FOR
VANDERBILT TRUST 1989 CFPUD
LANDSCAPE BUFFERS
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"jlh:15'hc<lgc) Bufln- j~ ((1 be
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2008-24
Which was adopted by the Board of County Commissioners on
the 13th day of May 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st day
of May 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
Count'Y'Commissioners
By:Martha Ve~~a
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