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Agenda 04/08/2008 Item # 8B Agenda Item No. 8B April 8, 2008 Page 1 of 163 EXECUTIVE SUMMARY PUDZ-A-2007-AR-I1723: Amy Turner and/or Tammy Turner Kipp, represented by D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, Goodlette, Coleman and Johnson, request a rezone from Planned Unit Development (PUD) to Community Facility Planned Unit Development (CFPUD) for the Vanderbilt Trust 1989 PUD, 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 0.6 floor area ratio. The subject 7.8:1: acre property is located on the north side of Vanderbilt Beach Road (CR 862), approximately 1/4 mile east of Livingston Road (CR 881) in Section 31, Township 48 South, and Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced amendment and render a decision regarding the petition. CONSIDERATIONS: The petitioner requests that the BCC approve an amendment to the Vanderbilt Trust 1989 PUD 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. This amendment also proposes to change the property development regulations to allow taller buildings, fyom the originally approved three stories to allow four stories over parking in buildings whose actual height will not exceed 62 feet (zoned height is proposed to be a maximum of 50 feet). Reductions in setbacks are also proposed from the approved (1999 Ordinance) front setback of 50 feet for any structure over two stories in height; an east side setback of 40 feet instead of 100 feet; and a setback along the western boundary of 15 feet instead of 25 feet. The northern setback is not proposed to change; those setbacks will remain at 25 feet for principal structures and 15 feet for accessory structures. The petitioner seeks approval of three deviations to obtain relief from the Land Development Code (LDC) parking requirements for the continuing care retirement community, nursing home, retirement community units a reduction in the number of parking spaces for the clubhouse, and to allow an alternative buffer design for the clubhouse area. FISCAL IMPACT: The PUD amendment, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD amendment is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. Page 1 019 Agenda Item No. 88 April 8, 2008 Page 2 of 163 The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system, Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the CCPC to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban - Mixed Use District, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, as identified on the Future Land Use Map (FLUM) of the GMP. This Subdistrict consists of two parcels comprising approximately 17 acres that are located on the north side of Vanderbilt Beach Road and east of Livingston Road, as shown on the Subdistrict Map. The subject site is Parcel 2. This Subdistrict allows commercial uses, community facilities including assisted living facilities (ALF), and other offices, businesses and personal services. Specific requirements of the Subdistrict (for both parcels) require "Rezoning of the parcels comprising this Subdistrict is encouraged to be in the form of a PUD, Planned Unit Development. At the time of rezoning, the applicant must include architectural and landscape standards for each parcel." The petition is compliant with requirements. The PUD document includes the following commitment regarding architectural compliance: The Vanderbilt Trust 1989 CFPUD shall have an integrated and common building architectural style. Where multiple buildings are constructed within the CFPUD, all buildings shall be constructed using like exterior building materials and color palate. Staff believes that statement meets the intent of the GMP statement. The petition is a PUD and Exhibit G of the PUD document provides the landscape buffering standards. The Parcel 2 designated tract has specific limitations for commercial (retail and office) uses. Note when the Neighborhood Information Meeting (NIM) was held the petitioner stated that he was withdrawing the request to allow commercial uses at this site therefore the commercial use limitations are not applicable to the subject petition, The GMP Subdistrict text addresses the specific uses for Parcel 2 as follows: Permitted uses such as assisted living facilities, independent living facilities for persons over the age of 55, continuing care retirement communities, and nursing homes, shall be restricted to a maximum of 200 units and a maximum floor area ratio (FAR) of 0.6. The developer of Parcel 2 shall provide a landscape buffer along the eastern property line, abutting the Wilshire Lakes PUD, at a minimum width of thirty (30) feet. At the time of rezoning, the developer shall incorporate a detailed landscape plan for that portion of the Page 2 of 9 Agenda Item No. 88 Aprii 8, 2008 Page 3 of 163 property fronting Vanderbilt Beach Road as well as that portion along the eastern property line, abutting the Wilshire Lakes PUD. The petitioner is seeking to allow a maximum of the 200 units of the uses allowed, and is seeking a deviation to allow the 0.6 FAR to be consistent with the GMP. (The LDC still retains the 0.45 FAR that would be applicable in most other areas of the county.) The 30-foot wide landscape buffer location is depicted on the Master Plan, and as noted above, PUD Exhibit G provides the details of the 30-foot wide landscape buffer. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. This determination is included in the Zoning Analysis later in this report. In order to promote smart growth policies, and adhere to the existing development character of Collier County, adherence to Policies 7.1 and 7.3 is required. Policy 7.1 encourages connection to collector and arterial roads, This project is consistent with these policies because the project proposed access to Vanderbilt Beach Road which is classified as an arterial road. Policy 7.3 encourages new and existing developments to provide interconnection to other development. The project is bordered by a golf course to the north, which precludes any interconnection. To the east are structures within an existing residential development. Based upon aerial imagery (see previous page), an interconnection does not appear feasible because any interconnection would interfere with either existing buildings or existing parking areas within the Wilshire Lakes PUD. Thus no roadway interconnections would be required to the north or east. To the west is an agriculturally zoned and used tract that could, in the future seek rezoning and approval of more urban uses. An interconnection to this site is appropriate in order to preserve the capacity of Vanderbilt Beach Road. The Vanderbilt Trust PUD has agreed to provide for the possible interconnection to the west; that potential access has been provided on the Master Plan. A complete analysis of Comprehensive Planning issues can be found as Staff Report Exhibit C, a September 13, 2007 memo from the Comprehensive Planning staff. Transportation Element: Transportation Division Planning staff has reviewed the PUD Traffic Impact Statement (TIS) included in the application back-up material and the PUD documents to ensure the PUD documents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policies. Those policies require the review of all rezone requests with consideration of their impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating stipulations are approved. The project review was based on the current TIS guidelines and with respect to GMP Transportation Element Policy 5.1. The project traffic was distributed on the adjacent roadway network and analyzed through project build out with consideration given to the five-year planning period The Vanderbilt Trust PUD can be considered consistent with Policy 5.1 of the Transportation Element of the GMP. The adjacent roadway network has sufficient capacity to accommodate this project throughout the five-year planning period. Vanderbilt Beach Road (currently under construction) has a projected service volume of 3,540 vehicles, with a remaining capacity of Page 3 of 9 Agenda Item No. 88 April 8, 2008 Page 4 of 163 approximately 1,753 trips between Livingston Road and Logan Boulevard; and is currently operating at LOS "B" as stated in the 2007 Annual Update and Inventory Report (AUIR). Improvements to Vanderbilt Beach Road are anticipated to be completed in December 2008. The proposed amendment produces 27 PM Peak-hour trips/peak-direction trips, which represent a 0.9 percent impact. The adjacent roadway network is shown to have capacity throughout the five-year planning window to accommodate this project. The developer has added a commitment in the Transportation Section ofPUD Exhibit F stating he will make a payment in lieu of construction of the sidewalklbike lane provided along the project's Vanderbilt Beach Road frontage. Conservation and Coastal Management Element: Environmental staff has evaluated the preserve selection for compliance with the Conservation and Coastal Management Element (CCME) of the GMP and recommends that this petition be found consistent with the pertinent objectives, goals and policies of the CCME, including, but not limited to, the need to reduce the interface between the preserve area and the development area. The interface policy (CCME Policy 6.1.1(2)) was not in effect when the project was originally zoned to PUD in 1999 and the original Master Plan did not show any specific preserve area. Staff therefore could not compare the PUD Master Plan for this amendment with that original Master Plan. However, staff reviewed the Master Plan that was submitted in May 2007 with the original amendment application for compliance with the interface reduction requirement. The petitioner has reduced the interface from the May 2007 Master Plan to what is now proposed. Staff is satisfied that the current PUD documents, including the Master Plan, are consistent with the GMP CCME in the absence of specific interface criteria in the LDC. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staffbelieves the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion, The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff is recommending that the petition be found consistent with the CCME as well. Therefore, zoning staff recommends that the petition be found consistent with the overall GMP, and thus based upon the above analysis, staff concludes the proposed uses can be deemed consistent with the goals, objective and policies of the overall GMP. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable-Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. This petition was not required to submit an Environment Impact Statement (ElS) nor was a hearing before the Environmental Advisory Commission required because the site is below the LDC 10-acre size threshold requirement for a tract located landward of Agenda Item No. 88 April 8, 2008 Page 5 of 163 the coastal management boundary. The site is not located within a Special Treatment (ST) overlay which would also have required the submittal of an EIS. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because an EIS was not required and there are no impacts to wetlands, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on March 6,2008; a motion was passed to forward petition PUDZ-A- 2007-AR-11723 to the BCC with a recommendation of approval by a unanimous vote subject to the following stipulations: 1. The PUD document Exhibit A shall be revised to include the six commitments offered by the petitioner. These items are listed below: a. There will be on site dining for the residents; and b. Group transportation services will be provided for residents to take them to the grocery store and other shopping, Individual transportation will be coordinated for residents who need to go to the doctor or need other individualized transportation; and c. There will be an onsite Manager/Activities coordinator to assist residents with their individual needs. This person will also be setting up trips to offsite events as well as planning onsite lectures, movies, music and other entertainment for the residents at the onsite clubhouse; and d. A wellness center will be provided onsite. Exercise and other fitness programs will be provided for the residents; and e. Each apartment will have emergency pull chords that will immediately contact 911 if there is a medical or other emergency; and f. Each unit will be designed so a resident can age in place. For example, the kitchens can easily be revised to lower the sink if an individual later needs a wheel chair and the bathrooms can be revised to add grab bars if needed in the future. 2. The PUD document Exhibit A, Section 2.A.1. (the second sentence) shall be revised to add the word "combined" before the word "maximum" so that the sentence reads as follows: All uses shall be permitted at a combined maximum FAR. of 0.6. 3. The PUD document Exhibit A, Section B.3. shall be revised to add the word "private amenities such as" at the beginning of the sentence so that the sentence reads as follows: Private amenities such as beauty and barber shops, transportation services, resident dining, physicai fitness facilities, meeting rooms and other personal services related to Page 5 of 9 Agenda Item No. 88 April 8, 2008 Page 6 of 163 assisted living facilities, independent living facilities for persons over age 55, continuing care retirement communities. retirement communities, and nursing homes. 4. The PUD document Exhibit B shall be revised to remove the first portion of the ** footnoted item that states "per subdivided lot," such that the footnote contains only "excluding parking areas under buildings." 5. Deviation Number 1 has been withdrawn. There are three remaining deviations and the CCPC recommended approval of those deviations. The petitioner's agent revised the PUD documents to incorporate all the recommendations noted above and the revised documents were approved by the CCPC on March 20, 2008 as a consent item. Because there was a letter of obj ection submitted regarding this petition, this petition cannot be placed on the summary agenda. LEGAL CONSIDERATIONS: This is a site specific rezone from a Planned Unit Development Zoning District to a Community Facilities Planned Unit Development District for a project known as the Vanderbilt Trust 1989 CFPUD. Site specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shi fts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for CFPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: 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. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, 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? Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Consider: Conformity of the proposed CFPUD with the goals, objectives and policies of the growth management plan. 4. Consider: 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. Page 6 019 Agenda Item No. 88 April 8, 2008 Page 7 of 163 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8, Consider: Conformity with CFPUD 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. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed CFPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested CFPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn III relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Page 7 019 Agenda Item No. 88 April 8, 2008 Page 8 of 163 21. Are there substantial reasons why the property cannot ("reasonably") be used 1ll accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: 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. 25. Consider: The impact of development resulting from the proposed CFPUD rezone 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 [Code ch.1 06, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the CFPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. (MMSS) ADDITIONAL INFORMATION: Site Development Plan (SDP) approval has been sought for the subject site concurrent to this PUD amendment action. The project is identified as the Sandalwood Village project, in SDP-2007-AR 12626. During the review of that petition, it was determined that an additional deviation needs to be sought to address wall requirements along property boundaries where this project abuts residential uses. LDC Section 5.03.02.E contains the following requirements: 2. Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, said nonresidential development shall provide a masonry wall or prefabricated concrete wall and/or fence. 3. If located on a contiguous property, the wall and/or fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height and shall be located a minimum of six (6) feet from the residentially zoned district. As a commercial use this project would need to provide the wall noted above. The petitioner wishes to be excused from that requirement to the north and to east. This site abuts residential uses to the north (Pelican Marsh PUD) and to the east (Wilshire Lakes PUD). To the north, the projects are separated by water management lakes and a portion of the golf course; the most proximate platted lot is approximately 200 feet from this project property line. The Vanderbilt Trust PUD Page 8 019 Agenda Item No. 8B April 8, 2008 Page 9 of 163 Master Plan shows a preserve area separating the project from the nearest residential structure in Fieldstone Village, a multi-family development within the Wilshire Lakes PUD. It appears from aerial photographs that Fieldstone buildings are approximately 35 feet from the property line shared with the Vanderbilt Trust 1989 PUD. The Vanderbilt Trust 1989 PUD Master Plan shows the nearest building along the eastern property line will be set back approximately 80 feet. The combined setback distances mean structures within the two projects will be separated by approximately 115 feet. Furthermore, the buildings in this PUD are oriented such that this project's buildings present the least mass to the Fieldstone units. Thus the neighboring property owners should not be negatively impacted by this project even if a wall is not constructed along the shared property line. (No wall would be required along the south property because the site abuts an arterial roadway and LDC only requires a wall to be provided if the site fronts a local street or platted alley or to the west because that site is developed as the Bobbin Hollow Equestrian Center, which is a commercial use.) Staff therefore, is supporting an additional deviation to eliminate the wall requirement along the north and east property boundaries. That deviation is not reflected in the PUD document because it was not reviewed by the CCPC. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2007-AR- 11723 subject to the conditions of approval that have been incorporated in the Ordinance of Adoption as that document has been revised to reflect the CCPC recommendation, and is further revise to include the wall deviation noted above. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Page 9 019 Item Number: Item Summary: Meeting Date: Page 1 of2 Agenda Item No. 8B April 8, 2008 Page 10 of 163 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8B This item is to be continued to the May 13, 2008 Bee meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2007 -AR-11723: Amy Turner and/or Tammy Turner Kipp, represented by D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A.. and Richard D. Yovanovich, GoodleUe, Coleman and Johnson, request a rezone from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MPUD) for the Vanderbilt Trust 1989 PUD, to allow a maximum of 80,000 square feet of commercial land uses and a maximum of 200 assisted and independent living facilities for persons over the age of 55 at a 0.6 floor area ratio. The property is approximately 7.8 acres and is located on the north side of Vanderbilt Beach Road, approximately 1/4 mile east of Livingston Road, Section 31, Township 48, and Range 26, Collier County, Florida. 4/8/2008 9:00:00 AM Prepared By Kay Deselem, AICP Community Development & Environmental Services Principal Planner Date Approved By Zoning & Land Development Review 3/12/20085:14:08 PM Date Marjorie M. Student-Stirling Assistant County Attorney 3/13/20089:49 AM Approved By County Attorney County Attorney Office Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 3/18/20089:31 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 3/18/2008 10:42 AM Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 3/20/2008 4:40 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/25/20088:25 AM Approved By 4/2/2008 file://C:\AgendaTestlExport\ I 04-April%208, %202008\08. %20ADVER TlSED%20PUBLIC... Page 2 of2 Agenda Item No. 8B April 8, 2008 Page 11 of 163 Susan Murray, Alep Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 3/26/200811 :50 AM Approved By Norm E. Feder, Alep Transportation Division Administrator Date Transportation Services Transportation Services Admin. 3/27/20087:44 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 3/27/20081 :55 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 3/27/20086:03 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 3/30/200811:52 AM file://C:\AgendaT est\Export\ I 04-April%208, %202008\08. %20ADVER TISED%20PUBLI C... 4/2/2008 Agenda Item No. 8B April 8, 2008 Page 12 of 163 Co1Mr County '- ~- - FROM: STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MARCH 6, 2008 SUBJECT: PUDZ-A-2007 -AR-1l723 ; VANDERBILT TRUST 1989 COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) PROPERTY APPLICANT/AGENT: APPLICANT: Amy S. Turner and/or Tammy Turner Kipp 6625 Newhaven Circle Naples, FL 34109 AGENTS: D. Wayne Arnold AICP Q. Grady Minor & Assoc. 3800 Via Del Rey Bonita Springs, FL 34134 Richard D. Yovanovich, Esquire Goodlette, Coleman & Johnson 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 REOUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to the Vanderbilt Trust 1989 PUD 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. GEOGRAPffiC LOCATION: The subject 7.8"= acre property is located on the north side of Vanderbilt Beach Road (CR 862), approximately 1/4 mile east of Livingston Road (CR 881) in Section 31, Township 48 South, and Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSEIDESCRIPTION OF PROJECT: The original Planned Unit Development (PUD) rezoning was approved on October 12, 1999, with the adoption of Ordinance Number 1999-70. That ordinance would have allowed development of a maximum of200 Assisted Living Facility Units (ALF) or a combination of up to 180 ALF units and up to 50 Skilled Nursing Care beds, as well as a child day care center. Uses such as applicable accessory medical support services as well an ancillary retail/personal services were included in that initial approval. An extension to address the Land Development Code (LDC) sunsetting provisions was granted in Resolution No. 05-80 on January 25, 2005. That extension granted the developer until October 12, 2006 to meet the LDC sunsetting provisions. No development has occurred on site to date. Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC Page 1 of 12 Agenda Item No. 8B April 8, 2008 Page 13 of 163 In addition to the general changes noted in the "Requested Action" above, this amendment also proposes some additional changes, including a change to the property development regulations to allow taller buildings, from the originally approved three stories to allow four stories over parking in buildings whose actual height will not exceed 62 feet (zoned height is proposed to be a maximum of 50 feet). Reductions in setbacks are also proposed from the approved (1999 Ordinance) front setback of 50 feet for any structure over two stories in height; an east side setback of 40 feet instead of 100 feet; and a setback along the western boundary of ] 5 feet instead of 25 feet. The northern setback is not proposed to change; those setbacks will remain at 25 feet for principal structures and 15 feet for accessory structures. The petitioner seeks approval of three deviations to obtain relief from the LDC 0.45 Floor Area Ratio (FAR) requirement to allow a 0.6 FAR, a reduction in the number of parking spaces for the clubhouse, and to allow an alternative buffer design for the clubhouse area. The attached Master Plan for the proposed amendment depicts generalized areas of development, water management areas, and general traffic circulation. Notes on the Master Plan reinforce the petitioner's intention to comply with code for open space, road construction, landscaping, and project design. SURROUNDING LAND USE AND ZONING: North: Golf course within the Marsala at Tiburon subdivision, with a zoning designation of PUD (within the Pelican Marsh PUD) East: Condominium units with Fieldstone Village, with a zoning designation of PUD (within the Wilshire Lakes PUD) South: Vanderbilt Beach Road, then Village Walk Circle and a water retention pond within the Village Walk, with a PUD zoning designation (within the Vineyards PUD) West: a 4010 acre tract of agriculturally zoned land that is developed as the Bobbin Hollow Equestrian Center Aerial Photo (subject site depiction is approximate) Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6,2008 CCPC Page 2 of 12 Agenda Item No. 8B April 8, 2008 Page 14 of 163 PEU CAN ~ - MARSH ~ . (DRI) i J ~ 36 ~ 0 PELICAN MARSH (DRI) VANDERBILT !lEACH ROAD OUNTAIN ARK BRIGHTON GAROEN5 8 UCKLEY ~Ixm USE VINEYARDS (ORI) 8RADFORD SQUARE VANDERBILT TRUST (S) ~" VINEYARDS (DRI) An excerpt from the PUD Map GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban - Mixed Use District, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, as identified on the Future Land Use Map (FLUM) of the GMP. This Subdistrict consists of two parcels comprising approximately 17 acres that are located on the north side of Vanderbilt Beach Road and east of Livingston Road, as shown on the Subdistrict Map. The subject site is Parcel 2. This Subdistrict allows commercial uses, community facilities including assisted living facilities (ALF), and other offices, businesses and personal services. Specific requirements of the Subdistrict (for both parcels) require "Rezoning of the parcels comprising this Subdistrict is encouraged to be in the form of a PUD, Planned Unit Development. At the time of rezoning, the applicant must include architectural and landscape standards for each parcel." The petition is compliant with requirements. The PUD document includes the following commitment regarding architectural compliance: The Vanderbilt Trust 1989 CFPUD shall have an integrated and common building architectural style. Where multiple buildings are constructed within the CFPUD, all buildings shall be constructed using like exterior building materials and color palate. Staff believes that statement meets the intent of the GMP statement. The petition is a PUD and Exhibit G of the PUD document provides the landscape buffering standards. The Parcel 2 designated tract has specific limitations for commercial (retail and office) uses. Note when the Neighborhood Information Meeting (NIM) was held the petitioner stated that he was withdrawing the request to allow commercial uses at this site therefore the commercial use limitations are not applicable to the subject petition. The GMP Subdistrict text addresses the specific uses for Parcel 2 as follows: Permitted uses such as assisted living facilities, independent living facilities for persons over the age of 55, continuing care retirement communities, and nursing Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC Page 3 of 12 Agenda Item No. 88 April 8, 2008 Page 15 of 163 homes, shall be restricted to a maximum of 200 units and a maximum floor area ratio (FAR) of 0.6. The developer of Parcel 2 shall provide a landscape buffer along the eastern property line, abutting the Wilshire Lakes PUD, at a minimum width of thirty (30) feet. At the time of rezoning, the developer shall incorporate a detailed landscape plan for that portion of the property fronting Vanderbilt Beach Road as well as that portion along the eastern property line, abutting the Wilshire Lakes PUD. The petitioner is seeking to allow a maximum of the 200 units of the uses allowed, and is seeking a deviation to allow the 0.6 FAR to be consistent with the GMP. (The LDC still retains the 0.45 FAR that would be applicable in most other areas of the county.) The 30-foot wide landscape buffer location is depicted on the Master Plan, and as noted above, PUD Exhibit G provides the details of the 30-foot wide landscape buffer. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. This determination is included in the Zoning Analysis later in this report. In order to promote smart growth policies, and adhere to the existing development character of Collier County, adherence to Policies 7.1 and 7.3 is required. Policy 7.1 encourages connection to collector and arterial roads. This project is consistent with these policies because the project proposed access to Vanderbilt Beach Road which is classified as an arterial road. Policy 7.3 encourages new and existing developments to provide interconnection to other development. The project is bordered by a golf course to the north, which precludes any interconnection. To the east are structures within an existing residential development. Based upon aerial imagery (see previous page), an interconnection does not appear feasible because any interconnection would interfere with either existing buildings or existing parking areas within the Wilshire Lakes PUD. Thus no roadway interconnections would be required to the north or east. To the west is an agriculturally zoned and use tract that could, in the future seek rezoning and approval of more urban uses. An interconnection to this site is appropriate in order to preserve the capacity of Vanderbilt Beach Road. The Vanderbilt Trust PUD has agreed to provide for the possible interconnection to the west; that potential access has been provided on the Master Plan. A complete analysis of Comprehensive Planning issues can be found as Exhibit C to the staff report, a September 13,2007 memo from the Comprehensive Planning staff. Transportation Element: Transportation Division Planning staff has reviewed the PUD Traffic Impact Statement (TIS) included in the application back-up material and the PUD documents to ensure the PUD documents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policies. Those policies require the review of all rezone requests with consideration of their impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating stipulations are approved. The project review was based on the current TIS guidelines and with respect to GMP Transportation Element Policy 5.1. The project traffic was distributed on the adjacent roadway network and analyzed through project build out with consideration given to the five-year planning period Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC Page 4 of 12 Agenda Item No. 8B April 8, 2008 Page 16 of 163 The Vanderbilt Trust PUD can be considered consistent with Policy 5.1 of the Transportation Element of the GMP. The adjacent roadway network has sufficient capacity to accommodate this project throughout the five-year planning period. Vanderbilt Beach Road (currently under construction) has a projected service volume of 3,540 vehicles, with a remaining capacity of approximately 1,753 trips between Livingston Road and Logan Boulevard; and is currently operating at LOS "B" as stated in the 2007 Annual Update and Inventory Report (AUIR). Improvements to Vanderbilt Beach Road are anticipated to be completed in December 2008. The proposed amendment produces 27 PM Peak-hour trips/peak-direction trips, which represent a 0.9 percent impact. The adjacent roadway network is shown to have capacity throughout the five-year planning window to accommodate this project. The developer has added a commitment in the Transportation Section of Exhibit F stating he will make a payment in lieu of construction of the sidewalklbike lane provided along the project's Vanderbilt Beach Road frontage. Conservation and Coastal Management Element: Environmental staff has evaluated the preserve selection for compliance with the Conservation and Coastal Management Element (CCME) of the GMP and recommends that this petition be found consistent with the pertinent objectives, goals and policies of the CCME, including, but not limited to, the need to reduce the interface between the preserve area and the development area. The interface policy (CCME Policy 6.1.1(2)) was not in effect when the project was originally zoned to PUD in 1999 and the original Master Plan did not show any specific preserve area. Staff therefore could not compare the PUD Master Plan for this amendment with that original Master Plan. However, staff reviewed the Master Plan that was submitted in May 2007 with the original amendment application for compliance with the interface reduction requirement. The petitioner has reduced the interface from the May 2007 Master Plan to what is now proposed. Staff is satisfied that the current PUD documents, including the Master Plan, are consistent with the GMP CCME in the absence of specific interface criteria in the LDC. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff is recommending that the petition be found consistent with the CCME as well, Therefore, zoning staff recommends that the petition be found consistent with the overall GMP, and thus based upon the above analysis, staff concludes the proposed uses can be deemed consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC Page 5 of 12 Agenda Item No. 8B April 8, 2008 Page 17 of 163 I 0.02.l3.B.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The CCPC uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report (See Exhibits A and B). Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. This petition was not required to submit an Environment Impact Statement (EIS) nor was a hearing before the Environmental Advisory Commission required because the site is below the LDC lO-acre size threshold requirement for a tract located landward of the coastal management boundary. The site is not located within a Special Treatment (ST) overlay which would also have required the submittal of an EIS. TransDortation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues. Transportation Division staff has not recommended any stipulations be included in an approval recommendation. The applicant has incorporated Transportation Division staffs revisions in the PUD document, and Transportation Division staff recommends approval subject to the Transportation commitments contained in the PUD document. PUD Exhibit F, Developer Commitments, contains several commitments within the Transportation portion that may appear redundant based upon Board action on February 5, 2008 adopting LDC amendment changes. The requirements contained in items I, 2, 3, 4, 5, and 6 have been incorporated into the general requirements of the LDC as part of the LDC amendment affecting LDC Section 6.06.0. Although the LDC amendments have been adopted by the Board, the actual effective date for the amendments will not occur until after this staff report is prepared. Staff therefore has included the commitments that are customarily included in all PUD documents to anticipate the unlikely event that there could be an appeal to the amendments. It may be appropriate therefore to remove these commitments from Exhibit F prior to forwarding the document to the BCC for consideration if the amendment becomes effective prior to the BCC hearing date. Utilitv Review: Per the 2005 Water and Sewer Master Plan update, this project is located within the Collier County Water-Sewer District boundary. Any portions of this project to be developed shall be required to comply with regulations in effect at the time development order approvals are sought such as the conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. According to county GIS records, there is an existing 30-inch water transmission main and a 16 inch force main along Vanderbilt Beach Road. Emerzencv Manazement: The Emergency Management Department has no issues with this project. This project is located in a CAT 3 hurricane surge zone, which requires evacuation during some hurricane events. There is currently no impact mitigation required for this, however, it should be noted that approval of this PUD amendment could increase evacuation and sheltering requirements for the county. Parks and Recreation: The Public Services Division did not offer any comments regarding this petition. Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC Page 6 of 12 Agenda Item No. 8B April 8, 2008 Page 18 of 163 Housinf! and Human Services: This project does not propose any affordable housing component and was not reviewed by Housing and Human Services. Zoning Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. As noted previously, an increase in building height is proposed and some reductions in perimeter setbacks are proposed as part of this amendment for the Vanderbilt Trust PUD. Staffs compatibility analysis of the requested uses and proposed development standards includes a review of the subject proposal and its relationship to surrounding or nearby properties. Staff considers the uses proposed and their intensities and/or densities; the development standards such as building heights, setbacks, landscape buffers; building mass; building location and orientation; the amount and type of open space and its location; and traffic generation/attraction of the proposed use. As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, The Tiburon golf course development abuts this project's northern boundary, Marsala at Tiburon is the nearest residential development within that project, and it is separated from the proposed project by golf course holes and water management areas. Additionally no lots appear to be developed at this time within that subdivision; therefore no dwelling units should be impacted. To the west is the Bobbin Hollow Equestrian Center, a developed, agriculturally zoned four-acre tract. There are no compatibility issues between this project and that use as the equestrian center, with its potential for noise and odors, could be viewed as more intense than the use proposed in this proj ect. To the east is the Fieldstone Village Condominiums which are part of the Wilshire Lakes PUD which was approved at an overall density of 2.24 units per acre. Wilshire Lakes appears to be the only neighboring property whose residents could be negatively impacted by the proposed Vanderbilt Trust PUD changes. Staff evaluated this issue in more detail. Wilshire Lakes PUD contains both single family and multi-family development areas. The more densely developed multi-family area is adjacent to the subject tract, not the single-family areas. The Vanderbilt Trust PUD Master Plan shows a preserve area separating the project from the nearest residential structure in Fieldstone Village. It appears from aerial photographs that Fieldstone buildings are approximately 35 feet from the property line shared with the Vanderbilt Trust 1989 PUD. The Vanderbilt Trust 1989 PUD Master Plan shows the nearest building along the eastern property line will be set back approximately 80 feet. The combined setback distances mean structures within the two projects will be separated by approximately 115 feet. Furthermore, the buildings in this PUD are oriented such that this project's buildings present the least mass to the Fieldstone units. Structure height within Wilshire Lakes is limited to 35 feet with an unspecified number of stories allowed. The Vanderbilt Trust PUD was approved allowing three habitable floors (which would have allowed parking underneath those stories) with the allowable footage, with definitive zoned or actual height unspecified. This subject PUD developer wishes to increase the allowable height from three stories to allow 4 stories specifying that the 4 stories are to be over parking, but limiting the zoned height to 50 feet and the actual height to 62 feet. Staff has evaluated those proposed changes relative to the existing uses and believes the proposed changes, and thus the petition, can be deemed compatible with the neighborhood uses because the proposed building orientation, building locations and the location of the preserve area will offset any Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC Page 7 of 12 Agenda Item No. 88 April 8, 2008 Page 19 of 163 negative impacts the proposed changes may have had on the nearby multi-family use. The petition therefore is consistent with GMP Policy 5.4. Deviation Discussion: The petitioner is seeking four deviations from the requirements of the LDC. The deviations are listed in PUD Exhibit E with the petitioner's rationale provided to support each deviation. Deviation #1 seeks relief from LDC Section 5.05.04.D.l, which establishes a maximum floor area ratio (FAR) of 0.45 for group housing uses, to allow a maximum FAR of 0.60 for the Vanderbilt Trust CFPUD. Petitioner's Rationale and Staff Analysis: The petitioner has sought this deviation to make the zoning consistent with the FAR standard that was adopted for assisted living, independent living units and continuing care retirement communities located within the Vanderbilt Beach Road Neighborhood Commercial Subdistrict. Recommendation: This deviation, as stated above, brings the zoning regulations into compliance with the GMP sub-district language. Zoning and Land Development Review staff recommend APPROVAL of this deviation. finding that. in compliance with LDC Section W.02.B.A.3, the petitioner has demonstrated that "the element mav be waived without a detrimental effect on the health. safetv and welfare of the communitv." and LDC Section 10.02.B.B.5.h. the petitioner has demonstrated that the deviation is "justified as meeting public pumoses to a degree at least equivalent to literal application of such regulations. Deviation #2 seeks relief from LDC Section 5.05.04.D.3, which establishes parking standards for group housing uses including independent living units, assisted living units, and nursing care units, to allow a new parking standard for a retirement community use as one (1) parking space per dwelling unit. Petitioner's Rationale and Staff Analysis: The petitioner states that this deviation is being requested because the LDC does not include a definition for an independent living unit in the LDC, although that use appears to be the most similar use to what is proposed. Due to stated concerns about possible misinterpretations regarding the use and the parking requirement in the future, that petitioner has added the term, "retirement community" to this PUD to describe the proposed "product," citing the Collier County Impact Fee Ordinance as a source document for the definition. The petitioner asserts that independent living units and the proposed retirement community uses are similar and thus seeks to have the LDC adopted standard parking space requirement of one space per unit be applicable to the retirement community use. As explained this deviation request is not necessarily project specific. The petitioner wishes to correct a perceived LDC deficiency, rather than provide a measurable variation from some development standards. The rationale addresses a definition and seeks to set a new standard rather than requesting to allow fewer parking spaces than what a particular LDC provision requires. Normally staff would not support a deviation that seems to be less than project specific because good planning practices dictate that variances, i.e., deviations should not be granted when a requirement is more all-encompassing and has more wide-spread ramification rather than applicability to this one petition or this one unique site or site plan. In this instance however, it is likely that staff would utilize the LDC provision that directs staff to look at the most similar use's parking requirement if a specific use is not listed. It appears that this is what the petitioner is asking the BCC to do, only he is setting it forth in a more formal method to Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC Page 8 of 12 Agenda Item No. 8B April 8, 2008 Page 20 of 163 provide assurances to the developer that this interpretation will be consistently utilized both at the zoning stage and later, when development order approval are sought. Recommendation: A deviation will allow the petitioner to finalize the site plan without worrying that a change to the LDC or a different interpretation would increase the parking space requirement. Zoninl! and Land Development Review staff recommend APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element mav be waived without a detrimental effect on the health, safetv and welfare of the communitv," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purooses to a degree at least equivalent to literal application of such regulations. Deviation #3 seeks relief from LDC Section 4.05.04.G, which states that parking spaces for multi- family clubhouse structures must be provided 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 percent of the standard clubhouse parking standard. Petitioner's Rationale and Staff Analysis: The applicant is seeking this deviation to more clearly define the parking standards that will be applicable to this project. Staff, as part of the SDP review that is occurring concurrently with this PUD amendment, has advised the petitioner that the LDC multi-family clubhouse parking space requirement is an applicable standard for the proposed clubhouse. The required parking spaces for that clubhouse must be provided in addition to the provision of the required parking spaces for the independent living units. The PUD Master Plan does not include the detail upon which actual clubhouse and swimming pool parking calculations would be based, but the petitioner has provided a level of project intensity upon which to forecast the parking space requirements. Square parking USE Parking Space calculation criterion spaces Footage reauired Clubhouse 10,190 1 space per 200 square feet 51 Swimming 1 spacej75 square feet for the first 1,000 1,100 square feet, plus 1 space per 125 square 14 Pool feet above 1,000 square feet. TOTAL 65 As shown, this project would need to provide a maximum of 65 spaces if the project is required to provide parking for the clubhouse, the swimming pool and the independent living units. The petitioner contends that the multi-family clubhouse standard is not applicable to this project believing that the parking standard for independent units in Section 5.05.04 of the LDC would be the sole criterion. However, in an effort to resolve this difference of opinion and provide adequate parking to support the project, the applicant has agreed to provide parking spaces for guests and residents of the project in the amount of 25 percent of the required clubhouse parking for a total of 13 spaces (25 percent of 51 spaces). (No additional parking is proposed for the swimming pool.) The applicant contends that providing parking spaces at 25 percent of the normal standard for a clubhouse will be adequate and is, in fact, supported by the administrative reduction allowance to 25 Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC Page 9 of 12 Agenda Item No. 8B April 8, 2008 Page 21 of 163 percent in Section 4.05.04 for multi-family recreational facilities. That section of the LDC allows reduced parking for projects within which all units are located within 300 feet of the recreational amenity (clubhouse). That is the case in this project. Additionally the petitioner notes that residents are provided "good pedestrian access from each building exit to the central amenity." The Master Plan shows a sidewalk network that connects the buildings with the clubhouse, supporting that contention. Recommendation: Staff believes the parking proposed (if this deviation is approved) will be adequate to support the assisted living facility use of the site. That use is more restrictive by definition than the clubhouse. The schedule of uses limits this project to assisted living, independent living and continuing care facilities. The independent living facilities is further limited to persons over the age of 55; no other multi-family units are proposed that would allow development of a "conventional" multi-family project for which the clubhouse/pool parking space regulations were designed to accommodate. It may be appropriate to amend the LDC to address this situation once BCC direction is provided regarding this deviation. Zoning and Land Develooment Review staff recommend APPROVAL of this deviation. findinl! that. in comoliance with LDC Section W.02.l3.A.3. the oetitioner has demonstrated that "the element mav be waived without a detrimental effect on the health. safetv and welfare of the communitv." and LDC Section 10.02.13.B.5.h. the oetitioner has demonstrated that the deviation is "justified as meeting oublic ourooses to a degree at least equivalent to literal aoolication of such regulations. Deviation #4 seeks relief from LDC Section 4.06.02.C, which requires that a l5-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 multi-family (senior housing) buildings and the clubhouse in compliance with the alternative landscape plan, provided as Exhibit H. Petitioner's Rationale and Staff Analysis: The petitioner states that approval of this deviation is warranted for several reasons. He states that since the senior housing structures will be constructed with dwelling units over parking, the first habitable floor will be above the six-foot height of a Type B landscape buffer, thus residents would reap little benefit from the buffer anyway. Secondly, Environmental Staffs request to expand the native preservation area in the northeast area of the site reduces the area available to provide a centrally located amenity. The alternative landscape plan provided in Exhibit H includes the required five-foot tall shrubs, and provides taller canopy trees and sabal palms with staggered heights between 14 feet and 20 feet tall. These buffers will be placed in available planting areas to provide filtered screening of clubhouse and amenity areas from the senior housing buildings rather than a strict adherence to the buffering locational standard. The alternative landscaping plan exceeds the LDC minimum buffer requirements because it increases plant height, add an additional diversity of species, and increases the amount of plant material overall, to offset the reduction in the proposed buffering width and to offset the relocation of the buffer. The proposed buffer has an average width of approximately 10 feet rather than the required 15-foot width. The proposed landscaping plan contains approximately three times the code minimum amount of planting material and displays a more varied planting list thus the buffer will soften the effects of the amenity area upon the adjacent use that it is to buffer. Staff believes approval of this deviation is appropriate because the alternative planting height will provide sufficient landscaping and provide more efficient vertical screening. The deviation therefore, meets the intent of the buffer requirement. Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC Page 10 of 12 Agenda Item No. 8B April 8, 2008 Page 22 of 163 Recommendation: Staff believes the buffer proposed in this deviation will be adequate. Zoning and Land Development Review staff recommend APPROVAL of this deviation, finding that. in compliance with LDC Section 10.02.13.A.3. the petitioner has demonstrated that "the element mav be waived without a detrimental effect on the health, safety and welfare of the communitv," and LDC Section 10.02.l3.B.5.h, the petitioner has demonstrated that the deviation is "iustified as meetinl! public purposes to a degree at least equivalent to literal application of such regulations. NEIGHBORHOOD INFORMA nON MEETING (NIM): The applicant/agent duly noticed and held the required NIM on October 10, 2007, at 5:30 PM in the Vineyards Elementary School cafeteria. Fifteen persons attended, some of whom identified themselves as property owners at Village Walk or Fieldstone Village. The applicant's team and county staff were also present. Mr. Wayne Arnold, agent for the applicant stated, "We have been advised tonight by Tim Haskins to withdraw commercial uses". Mr. Haskins stated that he was associated with the United Group and the Senior Umbrella Network, which is an independent living and retirement organization that specializes in adult active communities and student housing. Mr. Haskins said this project may make arrangements with local entities to provide adult learning opportunities and services and benefits, such as grocery and/or pharmacy drop off and pick up services. Mr. Haskins stated that the company he represents manages its properties. He said the project is not a licensed care facility. He described the project as rental homes on an annual lease, age restricted; 55+ is average age. He clarifies that average, typical units are 1,600-2,100 square feet in size and the target customer has an income over $75,000 and is over 65 years of age. Mr. Arnold stated there will be a 30-foot wide landscape buffer next to Fieldstone and buffer improvement/preservation adjacent to Vanderbilt Beach Road will be provided. He stated that the proposed height of the buildings is 3-story over parking, at a maximum of 62 feet. There was no opposition stated to the proposed amendment and development. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-A-2007-AR-11723 to the BCC with a recommendation of approval of the rezoning request from the Planned Unit Development Zoning District to the Community Facilities Planned Unit Development (CFPUD) Zoning District subject to the stipulations that have been incorporated into the CFPUD document. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE Vanderbilt Trust 1989 PUD, PUDZ-A-2007-AR-11723 March 6, 2008 CCPC Page 11 0112 Agenda Item No. 8B April 8, 2008 Page 23 of 163 REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the April 8, 2008 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARKP. STRAIN, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings C. 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Exhibit A REZONE FINDINGS PUDZ-A-2007-AR-11723 VANDERBILT TRUST 1989 Agenda Item No. 8B April 8, 2008 Page 25 of 163 Chapter 1O.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: I. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map (FLUM) and the elements of the Growth Management Plan (GMP). Findings: The GMP and FLUM discussion of the staff report (beginning on page 3 of that document) provides a detailed analysis of this project's consistent with the FLUM Map and the elements of the GMP. The subject property is designated Urban - Mixed Use District, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, as identified on the FLUM of the GMP. This Subdistrict allows commercial uses, community facilities including assisted living facilities (ALF), and other offices, businesses and personal services. The staff report provides the support to justify a recommendation that this petition be deemed consistent with the GMP. 2. The existing land use pattern; Findings: The staff report analyzes the eXlstmg land use pattern; therefore, staff recommends that this petition be found consistent with GMP Policy 5.4 of the FLUE which requires new land uses to be compatible with, and complementary to, the surrounding land uses. See staff report, page 7 for the Zoning Review discussion that supports this recommendation. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Findings: The subject tract's existing zoning is already PUD, and would allow uses similar to what is currently being proposed. The original rezoning in 1999 was supported by a finding that an isolated zoning district was not being created. The neighboring zoning districts have not changed since that time, thus an isolated district will not be created by this rezoning from PUD to CFPUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Findings: The proposed PUD zoning boundaries follow the property ownership boundaries and result in a rectangular shaped tract. The location map on page 2 of the staff report illustrates the perimeter of the outer boundary of the subject parcel. A determination that the PUD boundaries were logically drawn was made to support the 1999 rezoning, and the boundaries are not changing as part of this proposed action, thus the boundaries remain logically drawn. February 4, 2008 Page 1 of 4 Agenda Item No. 8B April 8, 2008 5. Whether changed or changing conditions make the passage of the ji'MpOlfullf 163 amendment necessary. Findin!!s: The proposed change is warranted based upon the relatively recently created Subdistrict designation for the subject property. The proposed rezoning brings the subject property into compliance with that designation because it establishes the buffering requirements associated with the zoning of the tract and establishes the uses contemplated in that Subdistrict. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Findings: The County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP support the approval of this development at this location. Also, the PUD document provides assurances that the site improvements will include adequate landscaping, setbacks and buffering for the development. 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. Findings: Based upon the review from Collier County Transportation Planning staff, the adjacent roadway network has sufficient capacity to accommodate this project throughout the five-year planning period. Vanderbilt Beach Road (currently under construction) has a projected service volume of 3,540 vehicles, with a remaining capacity of approximately 1,753 trips between Livingston Road and Logan Boulevard; and is currently operating at Level of Service (LOS) "B" as stated in the 2007 Annual Update and Inventory Report (AUIR). Improvements to Vanderbilt Beach Road are anticipated to be completed in December, 2008. The proposed amendment produces 27 PM Peak-hour trips/peak- direction trips, which represent a 0.9 percent impact. The adjacent roadway network is shown to have capacity throughout the five-year planning window to accommodate this project. 8. Whether the proposed change will create a drainage problem; Findin!!s: The proposed change should not create drainage or surface water problems because the Section 4.03.01 of the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. The proposed water management and drainage is designed to prevent drainage problems on site and is compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; EXHIBIT A Rezone Findings PUDZ-A-2007-AR-11723 February 4, 2008 Page 2 of 4 Agenda Item No. 88 April 8, 2008 Findin!!s: As depicted on the CFPUD Master Plan (Exhibit C in the PUD docuiffllllt)2th~f 163 buffering proposed and the setback distances from, and separation distances between buildings, should ensure adequate light and air are allowed to permeate adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Findings: 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 mayor 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. II. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Findings: Properties to the north and east are already developed; to the south is a major arterial roadway. The parcel to the west has an Agricultural zoning designation but is located with the Urban - Mixed Use District-Residential Subdistrict on the FLUE and could therefore seek a rezoning to allow residential uses at an increased density. Therefore, the proposed change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Findings: The proposed development complies with the Growth Management Plan, 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; Findin!!s: As explained in the staff report, the subject property's existing PUD zoning has sunsetted, which precludes the county from accepting any applications for development approvals until the PUD zoning is either extended or the PUD is amended. The petitioner opted to amend the zoning with the petition rather than seek a second extension. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Findings: The proposed development complies with the GMP, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. EXHIBIT A Rezone Findings PUDZ-A-2007-AR-11723 February 4, 2008 Page 3 of 4 Agenda Item No. 8B April 8, 2008 15. Whether is it impossible to find other adequate sites in the County for the ti'ffip~lIf 163 use in districts already permitting such use. Findings: There are many sites which are zoned to accommodate the proposed development but this is not the determining factor when evaluating the appropriateness of a rezoning decision, The determinants of the zoning are with consistency with all the elements of the GMP. The proposed CFPUD document was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed CFPUD is consistent with the FLUM because it is in the Urban - Mixed Use District, Vanderbilt Beach Road Neighborhood Commercial Subdistrict Urban Residential Subdistrict and meets all the criteria for that Subdistrict. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any ofthe range of potential uses under the proposed, zoning classification. Findings: Any development would require some site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval 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. Findings: The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project will need to be consistent with all applicable goals and objectives of the GMP. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process and those staff persons have concluded that no LOS will be adversely impacted because the proposed development is consistent with all Elements of the GMP. EXHIBIT A Rezone Findings PUDZ-A-2007-AR-11723 February 4, 2008 Page 4 of 4 EXHIBIT B PUD FINDING PUDZ-A-2007-AR-11723 VANDERBILT TRUST 1989 Agenda Item No. 8B April 8, 2008 Page 29 of 163 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: I. 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. Findings: As discussed in Exhibit A to the staff report, Rezoning Findings, items 2, 6, 7, 8, 16 and 17, the type and pattem of development proposed should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, 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. Findings: Documents submitted with the application provided satisfactory evidence of unified control. The PUD document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Findings: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Staff has recommended that the subject petition has been found consistent with the goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please see the staff report for a more detailed discussion. 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. Findings: The proposed development standards, landscaping and buffering requirements are designed to make the proposed uses compatible with the adjacent uses, The staff analyses contained in the staff report support a finding that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. Additionally, the Development Commitments contained in Exhibit F of the CFPUD document provide additional guidelines the developer will have to fulfill. March 4, 2008 Page 1 of 2 Agenda Item No. 8B April 8, 2008 Page 30 of 163 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Findings: The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. findings: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD rezoning process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Findings: Currently, the utility and roadway infrastructure has adequate capacity to serve the proposed CfPUD as well as the surrounding development at this time, i.e. GMP consistent at the time of rezoning as evaluated as part of the GMP consistency review indicates (see the staff report). Specific concurrency requirements will need to be met when development orders 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. findings: The petitioner is seeking four deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes the deviations proposed can be supported, finding that, in compliance with LDC Section lO.02.13.A.3, the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 1 0.02.l3.B.5.h, the petitioner has demonstrated that the deviations are 'Justified as meeting public purposes to a degree at least equivalent to literal application of such regulations," Please refer to the staff report for a more extensive examination of the deviations. EXHIBIT B Rezone Findings PUDZ-A-2007-AR-11723 March 4, 2008 Page 2 of 2 Co~r Cou.n:~y Agenda Item No. 8B April 8, 2008 Page 31 of 163 Consistency Review Memorandum To: Kay Deselem, Principal Planner, Zoning and Land Development Review From: Corby Schmidt, Principal Planner, Comprehensive Planning Date: September 13, 2007 Subject: Growth Management Plan, FLUE Consistency R"Jiew ~ Stage 2 PETITION NUMBER: PUDZ- A-2007-AR-11723 PETITION NAME: The Vanderbilt Trust 1989 PUD REQUEST: To rezone the subject property from pUD (Planned Unit Development) to MpUD (1vlixed Use Planned Unit Development), for developing up to 204,900 square feet of assisted living facilities and up to 80,000 square feet of commercial land uses ,,~thin the Vanderbilt Beach Road Neighborhood Commercial Subdistrict. The petitioner describes property uses found in C-1 through C-3 zoning districts that will range from medical, professional and commercial offices, to personal services and convenience businesses. No retail services are proposed. Assisted living facilities are restricted to a maximum of 200 units ,,~th a maximum floor area ratio (FAR) of 0.6 ~ approximately 51,000 square feet each on four floors - and commercial uses are limited to a maximum of 80,000 square feet of gross leasable floor area. No single commercial occupant may occupy more than 20,000 square feet. The existing PUD, comprising :1:7.84 acres was approved on October 12, 1999 for only the assisted li,~ng facilities and was granted an extension in 2005. LOCATION: The subject property is located on the north side of Vanderbilt Beach Road, approximately '/4 mile east of Livingston Road in Section 31, Township 48S, Range 26E. COMPREHENSIVE PLANNING COMMENTS: pUDZ- A-2007-AR-11723 application materials indicate that this petition also amends The Vanderbilt Trust 1989 PUD Document, PUD Master Plan, or in some manner to reflect changed development plans ~ but procedurally, this is not the case. In practice, the rezone from one PUD to another PL:D affectively discontinues standing PUD documents and introduces new materials. Amending a PUD is another malter. The subject property is desi!,'1lated Urban - I'vlixed Use District, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows commercial uses, community facilities including assisted living facilities (ALF), and other offices, businesses and personal services. -1- Agenda Item No. 88 Recent EAR-based GMP amendments moved this Subdistrict from the Urban - CommerciapDl.!iffitlt tO~~ to the Urban - Mixed Use District in the FLUE. There have been no substantive amendment~gt~ 1lic? 1 Growth Management Plan that would affect this Subdistrict or the proposed land uses. FLUE Section LA.II provides the necessary direction to consider during review of this PUD to MPUD rezoning petition, as follows: Note that staff commentary is inserted [set off with brackets in this bolded type-face) in these FLUE excerpts bolded for emphasis in places. A. Urban - Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Deveiopments. 11. Vanderbilt Beach Road NeiClhborhood Commercial Subdistrict The purpose of this Subdistrict is to provide primarily for neighborhood commercial development at a scale not typically found in the Mixed Use Activity Center Subdistrict. The intent is to provide commercial uses to serve the emerging residential development in close proximity to this Subdistrict, and to provide employment opportunities for residents in the surrounding area. Allowable uses shall be a variety of commercial uses as more particularly described below, and mixed use (commercial and residential). Prohibited uses shall be gas stations and convenience stores with gas pumps, and certain types of fast food restaurants. This Subdistrict consists of two parcels comprising approximately 17 acres, located on the north side of Vanderbilt Beach Road and east of Livingston Road, as shown on the Subdistrict Map. For mixed-use development, residential density shall be limited to sixteen dwelling units per acre. Residential density shall be calculated based upon the gross acreage of the Subdistrict parcel on which it is located (Parcel 1 or Parcel 2). Rezoning of the parcels comprising this Subdistrict is encouraged to be in the form of a PUD, Planned Unit Development. At the time of rezoning, the applicant must include architectural and landscape standards for each parcel. [The required standards for architecture and landscaping are given in the List of Developer Commitments and in the Conceptual Master Plan. respectively.) (These standards are referenced in sections B.1 and B.2 of Developer Commitments, as being stated in petitioner's Exhibit "E". Neither statement appears in Exhibit "E". Correct references should be made to Exhibit "F" for architecture and Exhibit "C" for landscaping.) [Note: Subdistrict text addressing Parcel I is not applicable so is not included.] b. Parcel 2 This parcel is located approximately Y. mile east of Livingston Road and is adjacent to multifamily residential uses. A maximum of 80,000 square feet of gross leasable fioor area for commercial uses may be allowed. Allowable uses shall be the following, except as prohibited above: General and medical offices, community facilities, and business and personal services, all as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development Code, Ordinance 04-41, as amended, in effect as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005). The maximum fioor area for any single commercial user shall be 20,000 square feet. -2- Agenda Item No. 8B At the time of rezoning of Parcel 2, the developer shall provide restrictions and staniafll\s~~ f008 insure that uses and hours of operation are compatible with surrounding land uses.age 0 163 Permitted uses such as assisted living facilities, independent living facilities for persons over the age of 55, continuing care retirement communities, and nursing homes, shall be restricted to a maximum of 200 units and a maximum floor area ratio (FAR) of 0.6. The developer of Parcel 2 shall provide a landscape buffer along the eastern property line, adjacent to the Wilshire Lakes PUD, at a minimum width of thirty (30) feet. At the time of rezoning, the developer shall incorporate a detailed landscape plan for that portion of the property fronting Vanderbilt Beach Road as well as that portion along the eastern property line, abutting the Wilshire Lakes PUD. [The required standards for compatihle hours of operation are addressed in the List of Developer Commitments, and state, "General business hours of operation for commercial uses shall be from 7:00 A.M. to 7:00 P.M. daily". All other Subdistrict requirements and limitations including the maximum number of ALF units and are met by this proposaL] (The hours of operation are now referenced in section B.3 of Developer Commitments, as being stated in petitioner's Exhibit "E" - Correct reference should be made to Exhibit "F") REVIEW OF APPLICATION MATERIALS: The Planned Unit Development (PUD) Document submitted as part of application materials is the version dating to 1999and is considered to-be-discontinued. FLUE Policy 5.4 requires new land uses to be compatible w~th rhe surrounding area. Comprehensive Planning leaves this determination to Zoning and r "and Development Re\~ew >!aff as part of their review of the petition in its entirety. However, staff notes that in reviewing the appropriateness of the requested uses/densities on the subject site, the compatibility analysis is to be comprehensive and inelude a re\~ew of both the subject proposal and surrounding or nearby properties with regard to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. Pre-Application Conference notes reflect staffs request for the petitioner to address FLUE Policies found in Objectives 5 and 7 in their application. Objective 5 and its Policies are indirectly addressed by statements responding to companion LDC prm~sions. But Objective 7 and its Policies are not addressed. Re\~se to include. FLUE Objective 7 and its applicable policies (Smart Growth - Community Character Plan) require that new development be pedestrian oriented, show traditional neighborhood design, pro\~de interconnections (vehicular, pedestrian, bicycle) to nearby residential areas, and to nearby commercial areas (pedestrian, bicycle). No statements w~th respect to Objective 7 are prO\~ded in application materials. Petitioner is requested to provide explanations, and/or specific traditional design proposals (including alternatives) sensitive to the surrounding neighborhood, according to Policies 7.1 through 7.5, included below for reference: Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [So proposed.] Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The -} - Agenda Item No. 8B information regarding the arrangement of buildings and internal accesses or loop roatll1sr3il48, f2008 d. Ii' . 1 . "N' . I d .,7auel 0 163 addresse In app catIOn matena s, statmg, 0 InterconnectIons or oop roa s are ,easfb e given the existing development on surrounding properties". Staff reply: Acknowledged.] Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [These interconnections, or the absence thereof, are explained in application materials.] Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The PUD intends to make these provisions through multiple land uses and interconnection to the sidewalk system.] Policy 7.5 The County shall encourage mixed-use development within the same buildings by allowing residential dwelling units over and/or adjacent to commercial development. This policy shall be implemented through provisions in specific subdistricts. [The Vanderbilt Trust 1989 property is proposed as a mixed-use development.] CONCLUSION: Based on the above analysis, the proposed PUD to MPUD rezone may be deemed consistent with the Future Land Use Element of the Growth Management Plan, subject to the corrections necessary to accurately reference Exhibits, as indicated above. (ON CD-PLUS) cc: Susan MUTrqy, AlCP, Director of Zoning & Lmd Development JVwiew Ray Bellows, AlCP, Zoning Manager Randy Cohen, AlCP, Comprehensive Planning Director David Weeks, AlCP, Planning Manager CD/FLUE File - 4- COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET Agenda Item No. 8B April 8, 2008 Page 35 of 163 2800 NORTH HORSESHOE DRIVE NAPLES. FLORIDA 341 04 (239) 403-2400 FAX (239) 643-6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDZ,-A-2007-AR-I1723 V ANDERBIL T TRUST PUD Project: 19990317 Date: 1/23/08 NAME OF APPLlCANT(S) AMY S. TURNER AND/OR TAMMY TURNER KIPP ADDRESS 6625 NEWHAVEN CIRCLE CITY NAPLES STATE EL- ZIP 34109 TELEPHONE # 239-594-0304 CELL # __________________ FAX # 239-594-0934 E-MAIL ADDRESS: ______________________________________________________________ NAME OF AGENT D. WAYNE ARNOLD. AICP ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FL ZIP 34134 TELEPHONE # 239-947-1144 CELL # ____________________ FAX # 239-947-0375 E-MAIL ADDRESS:WARNOLD@GRADYMINOR.COM NAME OF AGENT RICHARD D. YOVANOVICH ADDRESS 4001 TAMIAMI TR. N.. SUITE 300 CITY NAPLES STATE EL- ZIP 34103 TELEPHONE # 239-435-3535 CELL # ____________________ FAX # 239-435-1218 E-MAIL ADDRESS:RYOVANOVICH@GCJLAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For PubJic Hearing For PUP Rezone 1/22107 VTPA7 Agenda Item No. 8B April 8, 2008 of 163 Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: WILSHIRE LAKES MASTER ASSOCIATION MAILING ADDRESS 9877 CLEAR LAKE CIRCLE CITY NAPLES STATE.E!..- ZIP 34109 NAME OF HOMEOWNER ASSOCIATION: PELICAN MARSH OWNERS' ASSOCIATION MAILING ADDRESS 138S WOOD DUCK TRAIL CITY NAPLES STATE ~ ZIP 34108 NAME OF HOMEOWNER ASSOCIATION: PELICAN MARSH PROPERTY OWNER ASSOC. MAILING ADDRESS 1853 TIMARRON WAY CITY NAPLES STATE FL ZIP 34109 NAME OF MASTER ASSOCIATION: VILLAGE WALK HOMEOWNERS ASSN. OF NAPLES. INC. MAILING ADDRESS 3953 ISLA CIUDAD COURT CITY NAPLES STATE ~ ZIP 34109 a. If 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 percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Amv Turner - 6625 New haven Circle NaDles. Florida 34109 Tammv Turner - 3252 Reoatta Road NaDles. Florida 34103 50% 22% Application For Public Hearing For PUD Rezone 1/22/07 VTPA7 Agenda Item No. 8B April 8, 2008 b. If the property is owned by a CORPORATION, list the officersP~R'CI37 of 163 stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership -------------------- -------------------- ----------------------------------- -------------------- c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership ----------------------------------- ----------------------------------- ----------------------------------- ----------------------------------- d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership BRT (oastallnvestment Partnership General Partner BRT Educational Enterprises. Inc. Z! 0 Moorina Line Drive Naples. Florida 34102 Bernard Turner Rita Turner 28% ,. " Application For Public Hearing For PUD Rezone 1122/01 VTPA7 Agenda Item No. 8B April 8, 2008 Page 38 of 163 e. If 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, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership The Villaae at ASDen Grove. LLC Uccellinl Familv. LLC Walter Uccellinl Michael Uccellinl. Walter Uccellinl. The Crosswav Trov. NY 12180 Michael Uccellini. 3 Hiah Meadow Rd. 1 % Trov. NY 12180 90% 9% Date of Contract: Sept. 14. 2007 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. ;- Name and Address g. Date subject property acquired 0 leased 0 Term of lease _________yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: _______________________ Date option terminates: __________________. or Anticipated closing date __________________ h. 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. Application For Public Hearing For PUD Rezone 1/22/07 VTPA7 Agenda Item No. 8B April 8, 2008 Page 39 of 163 . Detailed legal description of the property covered by the application: THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST OUARTER OF THE SOUTHWEST OUARTER OF SECTION 31. TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA. TEN om ACRES MORE OR lESS. LESS A PERPETUAL AND EXCLUSIVE EASEMENT FOR RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER THE SOUTH 1 SO FEET AS RECORDED IN O.R. BOOK 915. PAGE 286. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBIECT TO OIL. GAS AND MINERAL RIGHTS PREVIOUSLY RESERVED OF RECORD AND SUBIECT TO EXISTING RESERVATIONS AND RESTRICTIONS OF RECORD. Section/Township/Range 31 / 48S / 26E Lot: _______ Block: ____ Subdivision: ______________________________ Plat Book ____ Page #: _________ Property I.D. #: 00201000003 Metes & Bounds Description: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST OUARTER 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 OUARTER OF SECTION 31. TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA: THENCE RUN NORTH 89'56'12" WEST. ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31. FOR A DISTANCE OF 661.05 FEET: THENCE RUN NORTH 02'11'18" WEST FOR A DISTANCE OF 1 50.12 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 OUARTER OF SAID SECTION. THENCE RUN NORTH 89'56'12" WEST. AND PARALLEL WITH. AND 150 FEET NORTH OF. SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTIQN 31, FOR A DISTANCE QF 660,98 FEET TO THE WEST LINE OF THE SOUTHWEST OUARTER OF THE SQUTHEAST QUARTER QF THE SOUTHWEST QUARTER OF SAID SECTION 31: THENCE RUN NORTH 02'09'51" 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 89'S6'42" 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 02"11'18' EAST. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER QF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31. FOR A DISTANCE OF S 17.43 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 7.843 ACRES. MORE OR. Size of property: ____________ft. X _________ft. = Total Sq. Ft. ______ Acres 7.8+ Address/general location of subject property: The site is located aODroximatelv 1/4 mile east of the intersection of LivinQston Road and Vanderbilt Beach Road. .. : PUD District (LDC 2.03.06); 0 Residential I2J Community Facilities o Commercial D Industrial 0 Mixed Use Application For Public Hearing For pun Rezone 1/22107 VTPA7 Agenda Item No. 8B April 8, 2008 Page 40 of 163 . Zoning land use N PUD S PUD E PUD W A. Aa Pelican Marsh PUD. aolf course Vinevards PUD (Villaae Walk). residential Wilshire Lakes PUD [Fieldstone Condos). residential Bobbin Hollow Eauestrian Center Does the owner Df the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section/Township/Range --~/-----_f _____ lot: ________ Biock: ____ Subdivision: __________________________ Piat Book ____ Page #: _____ Property I.D. #: ____________________ Metes & Bounds Description: . .:.' . ,"," ," !.I' . ~. ". , '. '.: . , : . ~ . ~ .. ~ This application is requesting a rezone from the PUD CFPUD zoning district(s). Present Use of the Property: Undevelooed zoning district(s) to the ---------------------------------------------------------------------------------- Proposed Use (or range of uses) of the property: Assisted Livina. continuinq care retirement communities. nursina homes. retirement communities and indeoendent Iivina facilities for oersons over the ace of 55 Original PUD Name: Vanderbilt Trust 1989 PUD Ordinance No.: 99-70 _......,..!~ . '. .' . , ',.' ~, . . . '. . . Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LOC Section 10.02.13.8) t: The subject application proposes to amend the existing Vanderbilt Trust 1989 Commercial Planned Unit Development to permit assisted Living, continuing care retirement communities, nursing homes, retirement communities and independent living Appliclltion For Public Hearing For PUD Rezone 1122107 VTPA7 Agenda Item No. 8B April 8, 2008 . Page 41 of 163 facilities for persons over the age of 55, at a floor area ratio (FAR) of 0.6. The property is approximately 7.8+/- acres in size and is located on Vanderbilt Beach Road, approXimately )4 mile east of Livingston Road. The original PUD was approved in 1999, and received an extension of the PUD in 2005. The project Is located within the Vanderbilt Beach Road Neighborhood Commercial Sub-district of the Future Land Use Element. The current property owners were the applicants for the sub-district, which was adopted by the Board of County CommissiDners as Ordinance 2005-25. The proposed land uses, and development standards are consistent with the intent and purpose of the sub-district. The conceptual master plan prepared for the property identifies the proposed building areas as well as the proposed points of ingress/egress to the site, landscape buffers, preserve area, and areas proposed for storm water retention. The proposed development is compatible with surrounding development. 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. The subject property is located in the Vanderbilt Beach Road Neighborhood CDmmercial Sub-district of the Future Land Use Element and Future Land Use Map. The property was previously zoned to PUD in 1999 to permit assisted living, skilled nursing and child care uses on the property. Due to the recent six- laning Df Vanderbilt Beach Road and the extension of Livingston Road, the Board of County Commissioner's recognized that the site is also appropriate for lower intensity commercial uses. The Vanderbilt Beach Road Neighborhood Commercial Sub-district includes some. development standards which were established to insure compatibility with neighboring property owners. The development standards proposed include provisions for a minimum thirty foot (30') wide landscape buffer adjacent to the Wilshire Lakes PUD to the east of the subject property, Assisted living and/or independent living uses for persons over the age of 55, continuing care retirement communities, nursing homes, and retirement communities have been limited by the establishment of a floor area ratio (FAR) of 0.6. The project has direct access to Vanderbilt Beach Road at an access location which was established in coordination with the Collier County Transportation Department during recent construction of the six-lane improvements for Vanderbilt Beach Road. Urban services are presently available to the property and sufficient capacity exists to serve the uses proposed in the PUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. Application For Public Hearing For PUD Rezone 1/22/07 VTPA1 Agenda Item No. 8B April 8, 2008 Page 42 of 163 The documents submitted with the application provide evidence of unified control and appropriate disclosures are provided in the application. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. As previously discussed, the PUD is consistent with the Vanderbilt Beach Road Neighborhood Commercial Sub-district of the Future Land Use Element.. which was approved by the Board of County Commissioners as Ordinance 2005-25. The PUD is also consistent with the Conservation and Coastal Management Element of the Growth Management Plan, by retaining 1 +/- acres of on-site native vegetation consistent with the criteria established in Policy 6.1.1. 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 proposed development is compatible with the surrounding land use pattern. The internal arrangement of the proposed development, access points and project buffers are consistent with the Growth Management Plan and Land Development Code and sound planning principles with respect to urban infill development. The PUD proposes a minimum thirty feet (30') wide landscape buffer and preserve area adjacent to the Fieldstone Village Condominium residential development, and the building setback from the neighboring project has been established at forty feet (40'). 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Open spaces will be provided for this project and will include areas for landscape buffers, native vegetation preserves, building landscaping, and water management areas. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed timing of development will be required to be consistent with the County's concurrency management system in effect at the time development order approvals are granted. At the time of application, there are no known deficiencies of the surrounding infrastructure system. 7, The ability of the subject property and of surrounding areas to accommodate expansion. At the filing date of the zoning application there are no plans to expand the boundaries of the proposed PUD. Adjacent properties are presently developed and occupied. The application includes all properties under the unified control of the applicant. Any expansion of the Vanderbilt Trust 1989 PUD would require an amendment to the Collier County Growth Management Plan. Application For Public; Hearing For PUD Rezone 1/22/07 VTPA7 Agenda Item No. 88 April 8, 2008 8. Conformity with PUD regulations, or as to desirable modifications of ~lW:'h 43 of 163 regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed PUD includes development standards and conditions which are appropriate for the group housing uses proposed. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use Is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect oropertv: To your knowledge, has a public hearing been held on this property within the last year? DYes r3J No If so, what was the nature of that hearing? _________________________________ NOTICE: This application will be considered flopen" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to suoolv necessarv information to continue orocessino or otherwise active Iv pursue the rezoninq for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 1O,03.0S.Q.) Application For Public Hearing For PUO Rezone 1/22/07 YTPA7 ~it~;;~~:~~ ":','-';'I~"~i:'~r~'~~lS~~:I~':.:,;~~j::..;~ ,.' ':,:fl~~\~;j) ','Ir., "~~';-'1. .';'):j',1;'t~~~1~\'Jrf; . ..' ... Agenda Item No. 88 April 8, 2008 P 4 of 163 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUBMITTALS WILL NOT BE ACCEPTED. 1 Additional set If located in the Bayshore/Gateway Triangle Redevelo ment Area) Co ies of detailed descri tlon of wh amendment is necessa Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments (downioad application from website for current form) Pre-a Iicatlon meetin notes PUD Conce tual Master Plan 24" x 36" and One 8 JI," x 11" co Proposed PUD Conceptual Master Plan 24" x 36"and One 8 V," x 1 1" co Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF AMENDING THE PUD Revised PUD a lication with chan es crossed thru & underlined Revised PUD application w/amended Title page w/ord #'s, LDC 1O.02.13.A.2 - Deeds/Legal's & Survey (if boundary of original PUD is amended) List identifying Owner & all parties of corporation Owner/Affidavit signed & notarized Covenant of Unified Control Completed Addressing checklist #OF NOT COPIES REQUIRED REQUIRE X 24 X 24 X 24 X 24 X 24 X 24 X 24 X 24 X 2 X 2 X 2 X 2 X 2 X Environmental Impact Statement (EIS) and digital/electronic copy of EIS X or exem tion 'ustification 4 Historical Surveyor waiver request 4 X Utility Provisions Statement w/sketches 4 X Architectural rendering of proposed structures 4 X Survey, signed & sealed 4 X Traffic Impact Statement (TiS) or waiver 7 X Recent Aerial Photograph (with habitat areas defined) min scaled X 1 "-400' 5 Electronic copy of ali documents in Word format and plans (CDRom or X Diskette) Letter of No Objection from the u.s. Postal Service X If located In RFMU (Rural Frinae Mixed Use) Receivina land Areas Applicant must contact Mr. Gerry J. avera. Stat of Florida Division of Forestry @ 239-690-3S00 for infOr~g ':Wild ire Mitiga n Preventlo Plan". lDC Section 2~03. 8.A.2.a.(b)i.c. ----------~_ _ ____ _ _ __~ _ ____jl-~? _og App IcanrjA -ent Signature Dare Application For Public Hesring For PUD Rezone 1 f22/07 ;.. VTPA7 Agenda Item No. 8B April 8, 2008 Page 45 of 163 Well, The Village at Aspen Grove, LLC being first duly sworn, depose and say that well amlare the contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As contract purchaser Well further authorize Q. Grady Minor and Associates, P.A. and Goodlette, Coleman and Johnson, P.A., to act as our Imy representative in any matters regarding this Petition. Walter Uccellini. Manaoer Typed or Printed Name of Contract Purchaser STATE OF COUN1Y OF ~ ~~~c.a(" Sworn to (or affirmed) and subscribed before me this ~*' day ofD:$,\~, _, 2007 by \,:)o-.\v';. \)~\.\L~ who is personally known to me or has produced _.'b.'&iSlS~__ as identification. Michelle M. Adams Nolll!Y Pu.bllc, !llale of New York Reg..tration NO. 01A06084277 Qualified in Saratoga Countv Commission Expires December 2, ~() ~.~\).~~, ~ f'JR,t'!ry. Public ('\ \ ~~S0}.._~~~ (Name typed, printed or stamped) (Serial Number, if any) PUDZ-A-07-AR-11723 REV: 3 VANDERBILT TRUST PUD Project: 19990317 Date: 10/16/07 DUE: 11/14/07 RECEIVED OCT 1 2 2007 Q. ((3rady Minor & Associates, PA YTPA7 Application For Public Hcarillg For POO Rezone 1/22107 AFFIDAVIT PUDZ-A-2007-AR_1J723 AgeMq))E;m No. 88 Project: 19990317 """-'JJtiI8,2008 Date: 5/10/07 DUE: ltlhJ~ 46 of 163 Well, BRT Coastal Investment limited Partnership being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, Including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Q. Grady Minor and Associates, P.A and Goodlette, Coleman and Johnson, P.A., to act as ourlmy representative in any matters regarding this Petition. BRT Coastal Investment Limited Partnership By: BRT Educational Enterprises, Inc., a Florida corporation, its General Partner ~~:~::~:::;~-;;- 6~Yowne;---- Bernard L. Turner. President Typed or Printed Name of Owner Rita Turner. Secretary Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this d-"l day of "1 2007, by ~~'VA.""-":>. .~ ~'--'"''''/ ''>-'~A.'~''''_'-''''I'_ who-tsa.~ . personally known 0 me or has produced as identification. "'mx;,:;~'~"""''''' NICOLE L. FELTS {ll .., Notary Public. Slate of Florida \~ ',i.iMy Commission Expires Apr 21, 2009 -..)i't;,'f' ~'f.,..., CommioslOl1 # DD 421461 Stat -". . County of Collier " - "'- ___1__LA-C:._ ~ ~_<.._\-:."-~g~___ (Signature of Notary Public - State of Florida) -~~~3.....~___~~__<:;c...-lo-"'S:..~ (Print, Type, or Stamp Commissioned Name of Notary Public) ~9v~~t 00 # UO!SS!WWOO ~,-$.~I;~g~., 600~ 't~ Jdv '"""'.3 vm",IWWOO Iw;~m:o':~. ep!JOl,! JO allllS . "IQnd ~1ll0N " . J S113,1 ., 3;OOIN 'io,,~. u;; ^..~'f,1 tl",,~,,\, Application For 'Pu15lic PUJ?Z-A-2007-Afu~ IternltRVtlB ProJect: 19990317 April 8, 2008 Date: 5/10/07 P;Jg;EI,76Yll/013 AFFIDAVIT We/I, Amy Turner and Tammy Turner Kipp being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Q. Grady Minor and Associates, P.A. and Goodlette, Coleman and Johnson, P.A., to act as our/my representative in any matters regarding this Petition. ___~~J~~____ Signature of Property Owner Amv Turner Typed or Printed Name of Owner Tammv Turner KioD Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this Oll'\ ,\'-' F<=.~'?-U"'''''' , 2007, by A~'\ ~~""-'-'-""-/~A""\-".'1 ~cR-,-,,","'- ",-,-...", day of who-r.;,."._ ~rsonally kn~ to me or has produced as identification. .tm'~~;,'~""~~ NICOLE l. FELTS r. ..i NolllfyPubIic.SlaleolFIoIlde '<" ~illrt Commission E........ AN 21 2009 ~," ~ ....".. t'" . ..If,.nr,.; . Commission # DO 421461 l' - -- -- --~-~~--~~~~- (Signature of Notary Public - State of Florida) State of Florida County of Collier -~~~\;;;- ____1.-_....:3;5.:- '-=~::, (Print, Type, or Stamp Commissioned Name of Notary Public) Application For Public Hearing For PUD Rezone 1122/07 2006 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 368540 Entity Name: BRT EDUCATIONAL ENTERPRiSES, INC. FILEl9genda Item No. 88 Apr11,2006 Apri1S,200S Secretary of Sffitee 48 of 163 Current Principal Place of Business: 801 ANCHOR RODE DR STE 206 NAPLES, FL 34103 US Current Mailing Address: 801 ANCHOR RODE DR STE 206 NAPLES, FL 34103 US New Principal Place of Business: New Mailing Address: FEt Number: 59-1347394 FE! Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: TURNER,BERNARD L 210 MOORING LINE DRIVE NAPLES, FL 34102 US Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agenL or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agant Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: TItle: Name: Address: iity-st~Zip: PO ( ) Delete lURNER,BERNARD L. 801 ANCHOR RODE DR NAPLES, FL 34103 SO ( ) Delete TURNER,RITA, 801 ANCHOR RODE DR NAPLES, FL 34103 TItle: Name: Address: City-Sf-Zip: ( ) Change ( ) Addltlon TItle: Name: Address: City-51-Zip: TItle: Nama: Address: Cily.st-Zlp: ( ) Change ( ) Addition PUDZ-A-2007-AR_1I723 REV: 1 Project: 19990317 Date: 51! 0/07 DUE: 6/8/07 I hereby certify that the information supplied with this filing does not qualifyforthe forthe exemption stated in Chapter 119. Florida statutes. I further certify that the information indicated on this report or supplemental report Is true and accurate and that my electronic signature shail have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above. or on an attachment with an address, with all other like empowered. SIGNATURE: BERNARD L. TURNER Electronic Signature of Signing Officer or Director PD 04/11/2006 Date COVENANT OF UNIFmD CONTROL Agenda Item No. S8 April 8, 200S Page 49 of 163 The undersigned do hereby swear or affinn that we are the fee simple titleholders and owners of record of property commonly known as Folio Number 00201000003. No Site Address (Street address and City. State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for residential planned Wlit development (RPUD) zoning. We hereby designate Q. Grady Minor and Associates, P. A. and Goodlette, Coleman and Johnson, P.A., legal representatives thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of Wlified control is delivered to Collier CoWlty. The Wldersigned recognize the following and will be guided accordingly in the pursuit of development of the project: I. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, mless and Wltil a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in lhe planned wit development process will constitute a violation oflhe Land Development Code. 4. All terms and conditions of lhe planned unit development approval will be incorporated into covenants and restrictions which TWl with the land so as to provide notice to subsequent owners that all development activity within the planned wit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the tenus, safeguards, and conditions of the planned Wlit development, seek equitable relief as necessary to compel compliance. The Comty will not issue permits, certificates, or licenses to occupy or use any part ofthe planned unit development and the Comty may stop ongoing construction activity Wltil the project is brought into compliance wilh all tenos, conditions and safeguards oflhe planned unit development 0~~~'WZ ~4:fiAP-tf(J Owner Amv Turner Printed Name Tammv Turner Kino Printed Name STA1EOFFLORlDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this .J<) ""day of ",";;::'a<;;>'u/>...Ia.'-I . 2007 by A'M.'\ ","^,,-n"'-"?-.. """"AV'\V\'\ ',,--\~~ =<<< hoois personally known me or has produced as identification. ') - - ? .--~ _=,"~n ':::::::?'_ \....;....~ Notary Public ~,\.r <"").. 12 "-. ~=-,-"'\ S (Name typed, printed or stamped) /.m'~;~;'~"}" NICOLE L. FELTS j~ '.g Notary Publi<:. Slale of Florida ',;h ~,MyCommisslonExpiresApr21,2OIl9 ~ "'.'ff,;.~..,.. CommISSion # DO 421461 Application For Public nearmg rnr (Serial Number, if any) 07 Agenda Item No. 8B April S, 200S Page 50 of 163 VANDERSILTTRUST 1989 PUD Exhibit A Legal Description OR 1417, PAGE 1398 THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTiON 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLliER COUNTY, FLORIDA, TEN (10) ACRES MORE OR LESS, LESS A PERPETUAL AND EXCLUSIVE EASEMENT FOR RIGHT OF WAY FOR PUBliC ROAD PURPOSES OVER THt= SOUTH 150 FEET AS RECORDED IN O.R. BOOK 915, PAGE 286, PUBliC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO OIL, GAS AND MINERAL RIGHTS PREVIOUSLY RESERVED OF RECORD AND SUBJECT TO EXISTING RESERVATIONS AND RESTRICTIONS OF RECORD. MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS: 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 89'56'12" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTiON 31, FOR A DISTANCE OF 661.05 FEET; THENCE RUN NORTH 02'11'18" 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 89'56'12" 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 02'09'51" 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 89'56'42" 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 02'11 '1S" 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.S43 ACRES, MORE OR LESS. COVENANT OF UNIFIED CONTROL Agenda Item No. 8B April 8, 200S Page 51 of 163 The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Folio Number 00201000003. No Site Address (Street address and City, State and Zip Code) and legaUy described in Exhibit A attached bereto. The property described herein is the subject of an application for residential planned unit development (RPUD) zoning. We bereby designate Q. Grady Minor and Associates, P. A. and Goodlett., Coleman and Johnson, P.A~ legal representatives thereof, as the legal representatives of the property and as sucb, these individuals are authorized to legally bind all owners of the property in tbe course of seeking the necessary approvals to develop. This authori1y includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessa!)' to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in cOIUlection with tbe planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance witb all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in wbole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departW'e from the provisions of the approved plans or a failure to comply with any requirements. conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions wbich run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the tenns, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all tenns, conditions and safeguards of the planned unit developmenl ~;~~ ~Lb1 o er (!6$rffP~tO Owner Amv Turner Printed Name Tammv Turner Kioo Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affrnned) and subscribed before me this .:l'1 "'"day of =.;::;a~......~,-\ .2007 by A""'-'" "''-'''''-,..,'''-'''- ...."^""""'''' ''C..'","\'> ~"'" ho.is personally known me or bas produced as identification. ') - - t ./ -- ...-'"2'"' ="- ,~~ Notary Public \......:,,,,... n.......G:. L.. ~-=-,--.." S (Name typed, printed or stamped) $~m'~~~~I~t~2"~ NICOLE L. FELTS . o. N ~.. :.; otaryPubliC-StateofFlorlda ,~ ~,;1.1y Commission Ex"", Apr21 2009 ~~ ~ r. "",w.::;. ,.... Commission # 00 421461 (Serial Number, if any) Application For ti ie g or 07 Agenda Item No. 8B April 8, 2008 Page 52 of 163 VANDERBILT TRUST 1989 PUD Exhibit A Legal Description OR 1417, PAGE 1398 THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, TEN (10) ACRES MORE OR LESS, LESS A PERPETUAL AND EXCLUSIVE EASEMENT FOR RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER THE SOUTH 150 FEET AS RECORDED IN OR BOOK 915, PAGE 286, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO OIL, GAS AND MINERAL RIGHTS PREVIOUSLY RESERVED OF RECORD AND SUBJECT TO EXISTING RESERVATIONS AND RESTRICTIONS OF RECORD. MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS: 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 02"09'51" 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. COLI.:it:R COUNTY GOVERNMENT ADDRESSING DEPARTMENT Agenda Item No. 8B April S, 200S 2800 NORTH HORSE8~~MS3 NAPLES, FLORIDA 34104 Please complete the following and fax to the Addressing Department at 239-659-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre-application meeting. Not all items will apply to every project items in bold type are required. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (check petition type below, complete a separate Addressing Checklist for each Petition Type) o BL (Blasting Permit) o BD (Boat Dock Extension) o CamivallCircus Permit o CU (Conditional Use) o EXP (Excavation Permit) o FP (Final Plat o LLA (Lot Line Adjustment) o PNC (Project Name Change) o PPL (Plans & Plat Review) o PSP (Preliminary Subdivision Plat) ~ PUD Rezone o RZ (Standard Rezone) DSDP (Site Development Plan) o SDPA (SDP Amendment) . o SDPI (Insubstantial Change to SDP) o SIP (Site Improvement Plan) o SIPI (Insubstantial Change to SIP) o SNR (Street Name Change) o SNC (Street Name Change - Unplatted) o TDR (Transfer of Development Rights) o VA (Variance) o VRP (Vegetation Removal Permit) o VRSFP (Vegetation Removal & Site Fill Permit) o OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) 31 4826 W1/2 of S1/2 of SE1/4 OF SW1/4. LESS S 150 FT RIW - PARCEL 31 FOLIO (Property 10) NUMBER(s) of above (attach to, or associate with. legal description if more fhan one) 00201000003 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) NO SITE ADDRESS . LOCA TrON MAP must be attached showing exact location of project/site in relation to nearest public road right-of-way . SURVEY (copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SOP or AR # PUDZ-A-2007-AR-1I723 REV: 1 Project: 19990317 Date: 5/10/07 DUE: 6/8/07 2 Agenda Item No. 8B April 8, 2008 Page 54 of 163 ADDRESSING CHECKLIST - PAGE lWO Project or development names proposed for. or already appearing in. condominium documents (if application: indicate whether proposed or existing) Please Check One: o Checklist is to be Faxed back 181 Personally Picked Up APPLICANT NAME: SHARON UMPENHOUR PHONE: 947-1144 FAX: 947-0375 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY Primary Number 4- \ <1 ~ .ddress Number Address Number Address Number Approved by: )l,,-~ Updated by: ~Q-. Date: bS- C~-Ol Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED /-- Page 2 of 2 CurrentlApplication Fonns\Addressing Checklist rev 020207.doc ... Agenda Item No. 88 April 8, 2008 3206582 OR: 3321 PG:g~565f 163 __ II omcm-. of CIWII CIOBft, '" M/M/ZIt! at II:UllIIt. I. IIIICI, l:IIII DC . II.S. "'.71 .n This bull'Umelll was prepared wllhoutlegBl opinion by and. after ltCOl'lIlD8. sbouJd be telUmed 10: KauIeIh D, 000dmBn. Esquire Goodman Breen & Gibbs 3838 Tamiami Trail North. Suite 300 Naples, Florida 34103 239-403.3000 ..tal .... 11III It lL !m !IIUIl ft I Ptt IIPUI '" Uta WARRANTY DEED (Reserved fur ReconIiDa 1nfotDllrion) TIUS INDENTURE, made this /i day of June, 2003, betw~D BuNARD L. TuRNEll AND RrrA TuRNEll, husband and wife. Grantor., and BRT COASTAL INvEsTMENT LIMITED PARTNERSHIP, A FLoRD>A LIMITED PARTNERSIIIP, whose post office address is 2 to Mooring Line Drive. Naples. Florida 34102, Grantee., SUBJECT TO restrictions, reservations, and easements of record. and taxes for year 2003 and subsequent years. Folio Number 002010??oo3. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, . "Grantor" and "Grantee" IIl'e WIed Cor sin&uIu or plun1. u cowext requires. PUDZ-A-2007-AR-1I723 REV: 1 Project: 19990317 Date: 5/10/07 DUE: 6/8/07 Agenda Item No. 88 April 8, 2008 Page 56 of 163 , ttt OR: 3321 PG: 2566 ttt IN WITNESS WHEREOF, Onmor bu berCUDIO set Grantor's bllld the dIy IIId )'011' lint above wrI_. SIped IftI!dd_ln oor_ c;~j:'I" .'2.:.{lt('..~ '/.I I - " !;z;; I Ii rile r T)'pt or prillf or WJmesli No. 1 .-:1_ _.r-f> ~..- . BlltNUD L. 1'VIND ~ ;r~ I.l c;,~~ Type..prllII.......fW_ No. a _4~'f. . RiTA 1'VIND STATE OF FLORIDA COUNTY OF COLLIER The foregolD8 inalnuDeIll wu T1JJtNEIt .I.ND RITA TtJRND. wbo IlI'O cP ".. ".. ... Agenda Item No. 88 April 8, 2008 Page 57 of 163 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONEREQUEST _.......~.................. , '. ., '. "~"'. '.' ,. . .~. .' ..' _.- , . " -'. .' ..',' ,:.. ., '. ," ,I. '0' '. NAME OF APPLlCANT(S) AMY S. TURNER AND/OR TAMMY TURNER KIPP ADDRESS 210 MOORING LINE DRIVE CITY NAPLES STATE FL ZIP 34102-4741 TELEPHONE # 239-594-0304 CELL # _____________ FAX # 239-594-0934 E-MAIL ADDRESS: ____ __________________ ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): No 51te Address _.. ,._...-....I_r.ll~ _.. - - .., .. I . .,._ ..... . Section/Township/Range 3 I Lot: ___ Block: .:.___ Subdivision: / 48S / 26E Plat Book ______ Page #: ___________ Property 1.0. #: 00201000003 Metes & Bounds DescriptioJ.1: A PARCEL OF LAND LOCATED IN THE SOUTHEAST OUARTER 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 QF SECTIQN 31. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA: THENCE RUN NORTH 89'56'12" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 1. FOR A DISTANCE OF 661.05 FEET: THENCE RUN NORTH 02'11 '18" WEST FOR A DISTANCE OF I 50.12 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED' FROM SAID POINT OF BEGINNING, ALSO BEING A POiNT 1 SO NORTH OF AND PERPENDICULAR TO SAID SOUTH LINE OF THE SOUTHWEST OUARTER OF SAID SECTION, THENCE RUN NORTH 89'56'12" WEST, AND PARALLEL WITH. AND 150 FEET NORTH OF. SAID SOUTH LINE OF THE SOUTHWEST OUARTER OF SAID SECTION 31. FOR A DISTANCE OF 660.98 FEET TO THE WEST LINE OF THE SOUTHWEST OUARTER OF THE SOUTHEAST OUARTER OF THE SOUTHWEST OUARTER OF SAID SECTION 31; THENCE RUN NORTH 02'09'5 I" WEST. ALONG SAID WEST LINE, FOR A DISTANCE OF 51732 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST OUARTER OF THE SOUTHEAST OUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31: THENCE RUN SOUTH 89'56'42" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST OUARTER OF THE SOUTHEAST OUARTER 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 OUARTER OF SAID SECTION 31: THENCE RUN SOUTH 02'11 '18" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST OUARTER OF THE SOUTHWEST OUARTER 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. I I i , I Application For Public Hearing For PUD Rezone 1/22/07 VTPA7 Agenda Item No. 8B April S, 200S Page 58 of 163 STATEMENT OF UTILITY PROVISIONS - page 2 IZI o o D o ! I , I I I I I. I 1 (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTI L1TY SYSTEM b. FRANCHISED UTILITY SYSTEM PROViDE NAME_ d. PACKAGE TREATMENT PLANT (GPO capacity)__ e. SEPTIC SYSTEM 1-- r3J o D o a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME _______________ d. PRIVATE SYSTEM (WEll) ~~~ 200 senior housina. retirement community or continulnq care retirement community units. A. WATER-PEAK 69.300 GPD AVERAGE DAILY 46.200 GPD B. SEWER-PEAK 46.800 GPO AVERAGE DAilY 36.000 GPO IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED 2009 ~ Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. NA ~~ If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an Application For Public Hearing For POO Rezone 1/22/07 YTPA7 Agenda Item No. 8B April 8, 2008 agreement that the applicable system development chargesPagr-.a9 of 163 connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. I I r I I , I , I \ I I i I i ! i. I 1 , i I ~~ Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. , i j I i I i I , I ; I ! i j , ; I I i I I , Application For Public Hearing For PUD Rezone 1/22/07 YrPA7 i ,'jill ,Il 'I I ,-, .11, 'I I I "i"" if ~ , _. Ii :i~ Ii!;! iif!!:f;l!ililliii: :! i it I !! l'i; Ii l. Ii ~;!! i: In !1:!II!!!!I!;II~t!llliiml ;; I :1 Q Ill~ :1,. II ~!. i. ~ Ip j; I'! ,'I ",!. i" ,i.,"i!l ilr '1, a ~,' I' I 'f ~ i" :1 I !l! ll!ii!liiiiii!liiiiiii!ii ii!!!i 111 11!1 ,II if !! ! ~i! 11 il i;' h':'llil.il!~'N!I:':' 1.1 I! Ii I ... il!-l ,;1" !; I ~I' ", J1t J 1,'1,'1, ~mid'I'llii-ili!lmmm~ m Ii iilll! Pi fiii, !Ili i! IIi I i; ;~ il 111 ~ll - IUi",. (lj~!l~. .Ii bri~~~~R 1m ~;!:I ,U il{~ I' ,111~~1~ ~e E..! i-I r U ~: lJ!~ i~i t .m !!l!.lu..mlill.l".!i il" _. .11. _ .." .I, ." .il , ,! ,,' ,.. Ij - :~ - :::'/r- "::.. :::;1'0 , l ! I ~-,---.JIi~ I,,;; _m ..:t~., ~."' U'~' _, .<.,;::"r;;/< 'P'-~_m''';'4r_ ~ -'"1- -'';11' d""M,I,,-,,,,q,tl) ~.. l . 't ~':~~:~'::~~ si ~! i,;;~~ JH' ..,,.., ".J 1><1 I!'" " . l,,',.~ . ~ l~. 9 L{".,. ~<:. ..j; -. ,ill' Xi 't~~ ~l:( "y/----.....--_.... , ~, ~b. / .......'" ..~.. . ~lr: .~.. t... ..) :~ ...._--... I . h ) l ~dI I I !i / / b:r " ..,. / ~ " . I, -..j__J ..,' ". ':- l!l" " <3 : "..}~ ,/ / ~~ . ~ i // .....J., I (/ \~ , .. .,1 ..... ,..,: "..', 1 " _.J ~?-" .-.---- ! II.v - '", 'Ii. " I l'll'!~~ ! i"~~ ~: ; di~e... ~~ ~.. l~~~i , I.illl 'I,fllll ~ :!!II' !id;~f bb , 1~!:ldi I ili!;!!', II!!!!I; ! ~~~!=~~i ~ ;!PIIII ~t~ r 'l'~ ~! ~!ll!!h- ! ~h'il'! I ! i,d!ll: I 11!1I1:11 ---.-...... ____.------."i-----. --- r'~- - -----J . L- ~!I 'I :, I "; . ,I, . ! ----r~~---------------------j ','I; : ; U I - e~ .,.~ : 1"1' : rH~ ~~ : r( ~ I, ;i i , I ! ~, ., '--... ------- i i " "-...,, :J!!:/!:::::t~ JOu"..fl/l,p.'U/'IQI.. ", "" if) -"", j~""" __ "". ..'....... ! . , = I I, ~ I ~ h ... I ,- , . I ". I' I' ,....._--'" , - , ~~- , , !:------ i; , -, !, j' , , , h::O .. I n"I' ~.~ I"l~:~! l:':i'M.!a I I .~ ."'" ~ .,,1<"" 1 .' -. .. ..1 " ; ~ I , '. - I '. ~... I '~": ( : , : ' .:. -1 .-'" ~'. : l~~ '. I I l,i1i ii ~ ~~!h J~ ~ ~~ t1 ~;:l-.H .,. _~ :~11!' I .r" ~ .......... . ". ~Ifi!~, "I ----- '. .51, I ;, ~:.i~l, ,I I ~~ih ", , ~;' '.. ,'" '~" " 'I . ,-'-'-~' I'! ...: ~1 ~ . I' : " II : ,.~ ~, ", ~1. ~. ..~ ~l! ~! ~ ", I .... _" ~II ~ , '... Q,~ t"-.~~-~~.~,;;."-,,-II (,1:-.1 !-..'.-.-....-..-.- , 1 !, In il 0'5 ~, Fi fl ~ $ I!/--,:I ---_._.~ -: I I , I , ,. , ,~ I ;::;I:!'O , --"1--- ~I- , -, '.. , -''''[ \ ! \ I I i \ \ i i n___,. j A enda Item No. 8B OOS . - 163 ... ;;7 iI~ ~ i- I: !!llh~ " ~a ~ I ! , JI I ~ ! i a . ~ ~ t . ~ Ii ~ ~ ", ~ ~ ~ h~~ i~ na .~..~.o : ;:; ~,~ ~ O~d ~! ;;i ~ ~g~ll, ! <0~.lh I ~~~i!'l d I 0.- !l! 1;;1 '.. I: '< mi'! 'I ~ .~~"i !. ",.~!!~ 4 ~i ,~ I~ :r II ';!I'~ll\ i Q: ~~,,~ h ~~~ll! I :1 I, ;1 II 'I I ; \ \ , I I I ~J ~ . . I ~ ~ O' i ;1 I , 11 -\ 1, ~ 1 ~ .. I, 'I " " , II II I! dt ; ~~, i ~~i;l :. -L'l.:l'b - i ,/.,-\" I :~t~U!i~!i ~ h ,I!h ~1::!:m;~!:~hh!!i!~ll!: ~ ~~!~~~:~;~~:m1~~ltl I' 'I ,I Agenda Item No. 8S" ., o ~ ~ ~1J'~lE JAN 2 4 2008 Vanderbilt Trust 1989 CFPUD Amendment to Ordinance 99-70 Project Description and Growth Management Plan Consistency The subject POO amendment application proposes to amend the previous POO by rezoning from POO to CFPOO to establish a new schedule of uses and conceptual master plan for the property consistent with the newly established future land use subdistrict. The proposed land uses are consistent with those authorized under the Vanderbilt Beach Road Neighborhood Commercial Subdistrict. The POO amendment proposes a maximum of 200 assisted Living, continuing care retirement communities, nursing homes, retirement communities and independent living facilities for persons over the age of 55, at a floor area ratio (FAR) of 0.6. The uses and intensities are consistent with the Vanderbilt Beach Road Neighborhood Commercial Subdistrict. Future Land Use Element The Vanderbilt Trust 1989 PUD was established by Ordinance 99-70 and extended by the Board of County Commissioners in 2005. Additionally, in 2005, the Board of County Commissioners established a new Future Land Use Map category titled, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, which included the subject 7.8 +/- acre property, identified as Parcel 2 in the subdistrict text and accompanying location map. This subdistrict permits a variety of general and medical office uses, personal services commercial land uses, as well as independent living for persons over age 55, assisted living, and nursing home uses. A maximum of 80,000 square feet of commercial land uses are authorized, and the independent and assisted living facility uses are restricted to a maximum of 200 units, not to exceed a maximum floor area ratio (FAR) of 0.6. A copy of the Vanderbilt Beach Road Neighborhood Commercial Subdistrict is attached. The conceptual master plan for the project also reflects commitments required in the Vanderbilt Beach Road Neighborhood Commercial Subdistrict, including a minimum landscape buffer of 30' in width adjacent to the eastern property boundary, and a landscape planting plan for the eastern buffer area and Vanderbilt Beach Road. The proposed amendment is also consistent with Policy 5.4 of the Future Land Use Element, which requires that development is compatible and complimentary to surrounding land uses. The amended PUD contains a schedule of uses and development standards that prescribe appropriate buffers, building setbacks and preservation areas which meet or exceed standard Land development Code provisions for similar land use relationships. Additional discussion of land use compatibility is described in the POO Evaluation Criteria attached to the subject PUD amendment application. An evaluation of the amendment's consistency with Objective 7, and its implementing policies (policies 7.1 through 7.7) in the Future Land Use Element, which address smart Narrative and plan consistency YTPA7 Vanderbilt Trust 1989 CFPUD ProjecJ Description and Growth Management Plan Consistency Page 2 of2 Agenda Item No. 8B April 8, 200S Page 62 of 163 growth principles. Of the subject policies, only Policies 7.1,7.3 and 7.4 are directly applicable. Policy 7.1 encourages developers to connect their properties to fronting collector and arterial roads. Access to the Vanderbilt Trust 1989 CFPOO is from Vanderbilt Beach Road, in the location established by Collier County at the time of 6- lane improvements to the roadway. Policy 7.3 encourages connection of local streets with adjoining neighborhoods. Due to the existing development established within the properties lying immediately north and east, no interconnection is practical or feasible. The property immediately to the west is presently utilized for horse training and stabling and a potential interconnection has been provided on the Master Plan. The applicant has understands that an appropriate transportation condition establishing future interconnection between properties may be required. Transportation Element Policy 1.3 requires that a level of service "0" or better shall be retained on all County collector and arterial roads. The proposed amendment does not reduce the operational level of service on Vanderbilt Beach Road below a level of service "0"; therefore, the project is consistent with this Policy. Policy 7.1 addresses consistency with the Access Management Policy. The project's access point has been coordinated in cooperation with Collier County and the 6-lane improvement to Vanderbilt Beach Road that are under construction will provide for a directional access point in the location established on the conceptual master plan. Conservation and Coastal Management Element Policy 6.1 of the Conservation and Coastal Management Element requires the preservation of native vegetation. For mixed use project less than 20 acres in size, a minimum of 15% of the native vegetation present on-site must be retained. The site contains approximately 7 +/- acres of native vegetation in both wetland and upland vegetation types. The wetland vegetation on-site is isolated and of low quality. The applicant has filed an Environmental Resource Permit (ERP) with the SFWMD and proposes to impact the poor quality wetland that lies in the center of the site, and the applicant will purchase off-site credits from a mitigation bank. The POO proposes to preserve approximately 1.1+1- acres of upland vegetation along the eastern portion of the site, which represents the largest and contiguous native area on-site consistent with this policy. ,. i I !- ':1 Nanative and plan consistency YBRPUD Agenda Item No. 8B April S, 200S Page 63 of 163 Vana~se __ Day~or _ PUDZ-A-07-AR-11723 REV: 3 V ANDERBIL T TRUST PUD Project: 19990317 Date: 10/16/07 DUE: 11/14/07 PUDZ-A-2007-AR-11723 TRAFFIC IMPACT STATEMENT VANDERBILT TRUST PUD October 15, 2007 Vanderbilt Beach Road east of Livingston Road Collier County, Florida Prepared For: Amy S. Turner and Tammy Turner Kipp 6625 New Haven Circle Naples. FL 34109 Prepared By: Vanasse & Daylor LLP 12730 New Brittany Boulevard. Suite 600. fort Myers. Florida 33907 T 239.437.4601 f 239.43704636 w vanday.tom Agenda Item No. 8B April S, 200S Page 64 of 163 VanasseDaylor is providing this Traffic Impact Statement for the Vanderbilt Trust PUD which is located off Vanderbilt Beach Road approximately ~ mile east of Livingston Road. Access will be provided via a driveway connection on Vanderbilt Beach road. The following Land Use program is proposed for this project: . Senior Adult Housing 200 Dwelling Units (LV 251) It should be noted that the Collier County Impact Fee schedule has a senior adult housing category that replicates the daily traffic for ITE Trip Generation Manual Land Use 251. Therefore, the traffic generation formulas for this LU were used in the preparation of this TIS. Because the proposed land development will not generate traffic volumes that are significant on any links, only traffic generation, distribution, AM and PM traffic assignment is prepared in this study. No intersections are studied or analyzed. Completion of Vanderbilt Trost PUD is anticipated to be the 2012 peak season. TRIP GENERATION Site-generated trips were estimated using Institute of Transportation Engineers (ITE) Iri.12 Generation (7th Edition), in accordance with the current Collier County policy. The following trip generation formulas were used, and the trips generation results are shown in Table 1: Senior Adult Housing (LU 251): ADT: Ln (T) = O.BS In (X) + 2.38 AM Peak Hour: Ln (T) = 0.B6 Ln (X) - 0.63 PM Peak Hour: Ln (T) = 0.72 In (X) + 0.5B TABLE 1 Site Generated Trips ProDosed Land Use Senior Adult Housing (LV 251) Q!x 200 Unit DU Qiillx 976 AM Pk I2UI Jmill Exit 51 19 32 PM Pk I2UI Jmill .Em. 81 49 32 Totals 200 976 81 49 32 1l7l0 New Brittany Boulevard, Suite 600, Fort Myen, Florida 33907 1239.431.4601 f 239.431.4636 w vanday.com Agenda Item No. 8B April 8, 2008 Page 65 of 163 TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based upon locations of attractors in the area of the project The previously submitted distribution was reviewed for relevancy and detennined to be representative to this project Exhibits 1 & 2 show the same graphically. TABLE 2 Trip Distribution/Assignment !Jnk Vanderbilt Bch Rd Vanderbilt Bch Rd Vanderbilt Bch Rd Uvingston Road Livingston Road Er2m Airport Rd Livingston Rd Project Access Immokalee Rd Vanderbilt Bch Rd II Livingston Rd Project Access Logan Blvd Vanderbilt Bch Rd Pine Ridge Road AM PK HR PM PK HR " !iIilN!!. WB/SB EBINB WB/SB 20% 4 6 10 6 55% 10 32 27 32 4S% 14 9 14 22 15% 5 3 5 7 20% 4 6 10 6 SIGNIFICANCE TEST The draft 2007 AUlR was utilized to attain the maximum service volumes (SFm",> for the links in the vicinity of the project TABLE 3 SIGNIFICANCE and LOS (PM Peak Hour) STD LOS Site Site as % of Link From II liEMM SID Trips LOS STO Vanderbilt Ben Rd Airport Rd Livingston Rd 3,540 E 10 0.3% Vanderbilt Ben Rd Livingston Rd Project Access 3,540 E 27 0.8% Vanderbilt Ben Rd Project Access Logan Blvd 3,540 E 14 0.4% Livingston Road ImmokaJee Rd Vanderbilt Ben Rd 3,840 E 5 0.1% livingston Road Vanderbilt Beh Rd Pine Ridge Road 3.800 E 10 0.3% The analysis shows that no roadway segments have estimated sitecgenerated trips that are significant (>2 percent of the SFmax). The estimated site-generated volumes on these links are de Copper Co~e Development V ANDERBIL TTRUST _ TJSOl ADOC Agenda Item No. 8B April 8, 200S Page 66 of 163 minimus (<1 percent). For this reason, no intersection capacity analysis is required at any intersection. ANALYSIS The draft 2007 AUIR was utilized to attain the 2007 background traffic volumes on the roadway links in the vicinity of the projecL The Collier County Traffic Count Report was used to determine a growth rate for these links. In accordance with County date, the links in the vicinity of the project exhibit negative or minimal growth. Therefore, a minimum growth rate of 2.0% was used for each roadway link. TABLE 4 Background Traffic 2007 Growth :llil.. I.ink .Er2m I2 Skgd Rate ~ Vanderbilt Bch Rd Airport Rd livingston Rd 1,490 2.0% 164S Vanderbilt Bch Rd Uvlngston Rd Project Ao:ess: 1,490 2.0% 1645 Vanderbilt Bch Rd Project Access logan Blvd 1.490 2.0% 1645 Livingston Road Immokalee Rd Vanderbilt Bch Rd I ,SOD 2.0% 1656 Livingston Road Vanderbilt Bch Rd Pine Ridge Road 1,760 2.0% 1943 The background traffic was then added to the project traffic to determine a total traffic situation. As can be seen in Table 5 no links are adversely impacted. TABLE 5 LOS (PM Peak Hour) STP 2012 Site I2t&. WJln SF MAX"? 1Jnk .Er2m I2 ~ ~ Trips ~ !!kg,;! I2tAI Vanderbilt Bch Rd Airport Rd Livingston Rd 3,S40 1645 10 1655 Y Y Yanderbilt Bch Rd Uvingston Rd Project Access 3,540 1645 27 1672 Y Y Vanderbilt Bch Rd Project Access Logan Blvd 3,540 1645 14 1659 Y Y Livingston Road Immokalee Rd Vanderbilt Bch Rd 3,B40 16S6 5 1661 Y Y Livingston Road Vanderbilt Bch Rod Pine Ridge Road 3,800 1943 10 1953 Y Y Copper q>ve Development 2 V ANDERBIL TTRUST _TISOIA.DOC Agenda Item No. 8B April 8, 2008 Page 67 of 163 INTERSECTION ANALYSIS The access with Vanderbilt Beach Road has been analyzed utilizing the Synchro 6.0 software to determine right and left turn lane lengths. Table 6 delineates the required turn lane lengths. TABLE 6 Intersection Analysis Intersection Project Access LOS A Turn Lane Length Bight, !&ft 18Sft. 235ft CONCLUSION AND RECOMMENDATION The project traffic is projected to be neither significant nor adverse in the horizon buildout year of 2012. Since Vanderbilt Beach Road is a multi-lane highway, the project should have both a westbound right turn lane and an eastbound left turn lane at the project access. These are considered site improvements. The project should pay appropriate road impact fees. Copper Cove Development VANDERBIL TTRUST _ TISO I ADOC J c g ~ .;: :::J Project Site ~ 15% .. .. 20% "., 1. 45% ~ "., ~ r 20% J 45% 20% -+- ". 55%.1 .. 0 N Vanasse . =~- rJ::= (irl1to:\ii ~1lI Daylor :::;~~.iIl .lilJJfllllilllUlllll lr'Vofir.lPf!: m>>',. 6625 New Haven Circle Naples, FL 34109 October 2007 Agenda Item No. 8B April 8, 2008 Page 68 of 163 W(>E I Not to Scale , Vanderbnt Beach Road '.Iii".. Vanderbilt Trust PUD Project Traffic Distribution EXHIBIT 1 Agenda Item No. 8B April 8, 2008 Page 69 of 163 -g ~ 0 II ~ .;; :! Project Site W(>E t. s 5/5 N I Notlo Scale I ~ ~ --- 6/. ;::, t. 9122 ~ '* C 6/6 J 14/14 4/10 ... r IO/27J Vanderbilt Beach Road 5! '" AM Peak Hour I PM Peak Hour Vanasse .=~!.l:.~~ mr.'ia / .,,,.11> 625 New Haven Vanderbilt Trust PUD Iii:["... R IU Daylor j~:~_llO'@ Circle Project Traffic Naples, FL 34109 Assignment . ~~dllmJJl October 2007 EXHIBIT 2 / Agenda Item No. 8B April S, 200S 3 l..i ~H . . Pa e700f16 " .. ...... ,... .. . ..,... .. .. ,. .. ,. .. .. .. .. " .. ...... ,. ... .. .. ... ..ft., .. .. . . E ~ , > ~ ; ~ ~ t. 0 ~ . " '1<< f' . U I I .tiJi ! '. . I ~~ i' I ~ ..; ~~ JC .!iHI v "> ~:: ~~ ee > a . a < . ~ ~ ~ 11" t&i" < ~ g ! . . ~ "' ~ !J ~ ~ ~ G G v ~ic 8i8lv : ~ . . > . > > > > > ~ , ! J;'1: i . " . " v v 0 . . v v . . .. 0 v . . v v . . . .- 0" ~ ~ ~ . - fi " ! . - , ! 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"'~'<"I*,'.O.~,I''' '/, 16'00'~edtOri~a~tY.'Ob't'6ii1oi(:(;f~'J:.{~~~fi:fl.&~~:-i!m4,~dJMk~B:i%!~ttr\f-n~1.filf~ctJ\Wifof:~f~~1f&,ar,~,~~;~W~~i!@tff..a~Wf.~~n%Wj~'Wi1.,W~}f,:~.U~~~f<:0il~:0f."~~;;~;J!t~~ AnIllysis Period (mln) t5 .. :;,;;.:~J.;~{!,::Wtij'f,':t:.\~N~9;:!~;i(~~'H{1\:;!:,~;W::'im~t0%::g,i~;;'i.~.;;~:~/i~i-~:.;~~:t;?~~~j~(~}~;;~5~~!L~~7;:~~:.{,,?:~~,'~g:,:::~!,~fY.:.!~ji?3;i?:,;f!~W1tt{~:)A~g;f.ii2lffi:':':~~;~~WB~#,{tff.':!~:;s:;;:;~!,;f}:,;h~~r~;.?-~r\i.fl~4f.~~~~ ,;. +- '- \. ~ 8udin\!; Van2.ue 8: Caylor, lLP Synchro 6.0 Report.. Page I J:\2007\QGM\QGMWlInderbilt TrustWal'lderbiltTrustPM2l)14y7 Agenda Item No. 8B April 8, 2008 Page 73 of 163 PUDZ-A-07-AR-11723 REV: 3 VANDERBILT TRUST PUD Project: 19990317 Date: 10/16/07 DUE: 11/14/07 Turner Vanderbilt Trust Protected Species Survey Collier County Section 31, Township 48 South, Range 26 East Approximately 7.85 Acres Prepared by: Boylan ~ E "".,..-0. nvironm:li\"';:;::;"; Consultants, '" C. Wetland & Wildlife Surve!~onmental Pennitting, Impact hsessmentJ 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33966 Phone:(94I) 418-0671 Fax:(941) 418-0672 November 14,2006 Agenda Item No. 8B T V d h,,~,ril (l, 200S urner an er.,-a I'Iof of 163 Protected Species urvey Page 2 INTRODUCTION Environmental scientists from Boylan Environmental Consultants, Inc conducted field investigations of the +/- 7.85 acre Vanderbilt Trust 1989 on August 23, 2006. A previous survey was conducted on December 10 & 20, 2001 & January 8, 2002. The purpose of the investigations was to identify the presence of protected species and habitat The site is located in portions of Section 31 Township 48 South, Range 26 East, in Collier County, Florida. The property is located immediately north of Vanderbilt Beach Road, approximately 12 mile west of 1-75. METHODOLOGY Where possible, the species survey waS conducted using the parallel belt transect survey methodology discussed in the Florida Game and Freshwater Fish Commission publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida." This method is comprised of a several step process. First, vegetation communities or land-uses on the study area are delineated on an aerial photograph using the Florida Land Use, Cover and Forms Classification System (FLUCFCS). Next, the FLUCFCS codes are cross-referenced with a Protected Species List. This species list names the protected species which have a probability of occurring in that particular FLUCFCS community. With a list of the potential listed plants and animals, each FLUCFCS community is searched in the field for these species. An intensive pedestrian survey is conducted using meandering & belt transects and lOx 50 binoculars as a means of searching for plants and animals. In addition, periodic "stop-look-listen" and quiet stalking methods are conducted for animals. Signs or sightings of these species are then recorded. For this survey, particular attention was paid to the presence or absence of Big Cypress fox squirrels. The following section describes the FLUCFCS communities identified on the site, followed by discussion ofthe species observed. Site Conditions The temperature ranged from the upper 80 to the mid 90 during the field investigations. Cloud cover varied from full sun to partly cloudy. Survey times varied from 9:00 a.m. to 5:00 p.m., with approximately 4 man-hours logged on the property during the species survey. The surrounding landscapes include: East - Wilshire Lakes residential development West - Equestrian Center Agenda Item No. 8B Turner VanderbUtil)niS6, 200S Protected Speciei'~ of 163 Page 3 North - Tiburon residential and golf course South - Vanderbilt Beach Road Listed below are the FLUCFCS communities identified on the site. The following community descriptions correspond to the mappings on the attached FLUCFCS map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation 1985) for definitions. 411E2 Pine Flatwoods (Exotics 25-49%) This community is comprised of a pine canopy, while midstory species include Brazilian pepper and melaleuca. Other groundcover includes myrsine, scattered palmetto, St. Augustine's grass, cabbage palm, carrot wood, poison ivy, and dog fennel. 419 Mesic Pine Flatwoods (Exotics 25-49%) This community is comprised of a pine canopy, while midstory species include cypress, coco plum, cabbage palm, Brazilian pepper and melaleuca. Other groundcover includes, myrsine, sparse palmetto, scattered saw grass, grape vine, pluchea, beak rush, hydrocotyle, smilax, and other sedges and rushes. (0- 1" inundated) 424 Melaleuca (Exotics 75-100%) This exotic community consists of a melaleuca monoculture. Swamp fern was noted in some areas of the understory. 625 Hydric Pine Flatwoods (Exotics 5-15%) This community is found in the north central portion of the site. Vegetation consists of slash pine in the canopy with a midstory dominated by cypress. Other species noted in the midstory include myrsine, cabbage palm, dahoon holly, and wax myrtle. Ground cover was dominated by swamp fern and saw grass. Hydrocotyle and pluchea were also present. (2-3" inundated) 740 Disturbed Areas A trail has been cleared that runs from the south end ofthe property to the north, approximately at its center line. Vegetation includes melaleuca saplings, maiden cane, and hydrocotyle. Areas along the perimeter include cleared areas with mowed grasses, dead pines, and other areas in transition with little vegetation present. 740H Hydric Disturbed Area (Exotics 25-49%) This area consists of a portion of the cleared trail that crosses the FLUCFCS 624 community. Vegetation in this area includes maidencane, mikania, arrowhead, mermaid weed, Bacopa, water lilies and melaleuca saplings. Agenda Item No. 8B ~..A.Rril S, 200S Turner Vander'Fl!gl:rl'6'of 163 Protected Species Survey Page 4 Species Presence The various listed species which may occur in the FLUCFCS communities have been tabulated on the attached Table 1. See attached drawing entitled "Vanderbilt Trust I 989-Protected Species Survey" for specific locations of field survey results. No stick nests or structures were observed on the site. No cavity trees or starter holes were observed. No other signs of protected species were observed on the parcel. DISCUSSION The following is a listing of other wildlife sightings on or near the property: Birds Cardinal Pine Warbler Pileated Woodpecker Mammals I Gray Squirrel Reptiles I Cuban Anole AoeQda.llem No. 8B Turner VaiJiIei'l>iIt ApRl'tl 200S Protected Speci"l"!i!j!\"l'Y ~f 163 Page 5 Table 1, Protected species list according to FLUCFCS category with corresponding field survey results. ( ~~~~~]~~r~jj~~'[iIE 411 Beautiful Pawpaw 100 X 20 Big Cypress Fox Squirrel 100 X 20 Eastern Indigo Snake JOO X 20 Fakahatchee Bwmannia 100 X 20 Florida Black Bear JOO X 20 Florida Coontie 100 X 20 Florida Panther 100 X 20 Gopher Frog 100 X 20 Gopher Tortoise 100 X 20 Red-Cockaded Woodpecker 100 X 20 Satinleaf 100 X 20 Southeastern American Kestrel 100 X 20 Twisted Air Plant 100 X 20 419(See 411) 619 Big Cypress Fox Squirrel JOO X 20 62S American Alligator 100 X 20 Everglades Mink 100 X 20 Florida Black Bear 100 X 20 Florida Panther 100 X 20 Gopher Frog 100 X 20 Little Blue Heron 100 X 20 Snowy Egret 100 X 30 Tricolored Heron JOO X 20 Wood Stork 100 X 20 740 Burrowing Owl 100 X 20 Gopher Tortoise JOO X 20 ~ 2 ~ ! ..... C/) :J f ~ :t= :J C/) .a en I- (J) Q) '0 -0 (J) C n. ro C/) > "0 (J) I- '0 Q) (J) c: - l- e :J 0... I- d II & 0 ." 0 o z w Cl W ..J en o :J :J ..J u.. ~ *' o :z N .Q VJ f/) VJ 15"8 -g e ~g 0 <{ '" ~v>'O ~J!! ~ro~ o u.. u.. ~ ... oQ) CD<t:2 1;.E;~..s:1J'~ .!2Q.a>Q..wo u.. u..2 ,9 € 0 CD "w 12 ... .a .t: .EQ)Q)~U)~ o..:;;;:;::r:i5:t: I I I I l I N ~cn'<t"lt')o5 ~:;~~;!;! IJJ ~ <D ~~ ~ o 't ;; 8 Z _-lll-<.H(( ~ I en - u Q) U) c ~ l- ~ .s 1i . ~ ~ fj~ <: e ~ i- t .! -;: s:= i f ~~u i i . ~ Agenda Item No. 8B April 8, 200S Page 79 of 163 PUDZ-A-2007-AR-II723 REV: 1 Project: 19~90317 Date: 5/10/07 DUE: 6/8/07 COLLIER COUNTY WAIVER APPLICATION FROM THE REOUIREI> HISTOIUCAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Ray V. Bellows. Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WANER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Vanderbilt Trust 1989 PUD LOCATION: (Common Description) Section 31. Township 48 S. Range 26 E. Vanderbilt Beach Road SUMMARY OF WAIVER REQUEST: (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator or his designee to waive the requirement for a Historical! Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) l!i~i(llir 1'n.."ie:l"\'1l1Ifm,l'{);ms"11iJI1.'iJ4 1 Agenda Item No. 8B April S, 200S Page 80 of 163 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Amv S. Turner and lor Tanunv TUrner Kipp Mailing Address: 2] 0 Mooring Line Drive. Naples. FL 34] 02 Phone: (239) 594-0304 FAX: 239-594-0934 B. Name ofagent(s) for applicant, ifany: D. Wayne Arnold Mailing Address: O. Gradv Minor and Associates. P.A.. 3800 Via Del Rey. Bonita Springs. Florida 34134 Phone: (239) 947-1144 FAX: 239-947-0375 C. Name of owner(s) of property: Arnv S. Turner andlor Tammv Turner Kipl!. Mailing Address: 210 Mooring Line Drive. Naples. FL 34102 Phone: (239)594-0304 FAX: 239-594-0934 Note: If namcs in answers to A illlcVor B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. tJi~t(l\'it Pre:=;('r~!ltinll/r .()ml~.' [] i )11:04 2 Agenda Item No. 8B April 8, 200S Page 81 of163 SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable fi'om Clerk's Office at the original scale) with subject propelty clea.rly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. I. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Page Unit Block Lot Section Township Range 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified surveyor boundary sketch to be submitted. B. Property dimensions: Area: square feet, or 7.85:10 acres Width along roadway: 6610, feet alon[l Vanderbilt Beach Road Depth: 5170, feet C. Present use of property: Undeveloped D. Present zoning classification: PUD Ili~l(.ric Pr\.'.,;,,\:i.liioni! "Jnll'~/J I :Jl':()4 3 Agenda Item No. 8B April 8, 2008 Page 82 of 163 SECTION THREE: WAIVER CRlTERIA Note: This provision is to cover instances in which it is obvious that any archaeological or histOlic resource that !nay have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. TIle Community Development & Environmental SL'l'vices Administrator may seek counsel of the chaimlan of the Historic and Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. A. Waiver Request Justification. I. Interpretation of Aerial Photograph The aerial identifies surrounding land uses which have been developed without havin[! evidence of historical or archeological artifacts. 2. Historical Land Use Description: Undeveloped 3. Land, cover, formation and vegetation description: The property is densely wooded and undisturbed. 4. Other: Attached is a letter from the Florida D~artment of State. Division of Historical Resources. dated Au~st 10. 2004. stating that no significant archaeological or historical sites are recorded for or considered likelv to be present within the project area. B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board, Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. I {i"{lllk P,,--'9:rvi.Uion+omls':11/JiliO<l 4 Agenda Item No. 8B April 8, 2008 Page 83 of 163 SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 \1," x 14") folder. ~ Printed Name of Applicant or Agent D. Wavne Arnold. AICP ------------- -------------------~---- ------------------------------------------- -TO BE COMPLETED BY THE COlVfMl1NITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following detemunation: I. Approved on: By: 2. Approved with Conditions on: By: (see attached) 3. Denied on: By: (see attached) I ri~,,-'ri.-' p?'~";;'r- ;.1'10r::h"rrm, ": 1 ,~n;r!.j. 5 I ~ ~ ~ .. " i:j . ;i, ~1I ffi :;. ~ ' ~ ~. Q~ .;~ I '"I . ~BIII vi . d. " ~I' I" ~!U II "'Ill I' ~ o 0 z. oj 31\ ~ is.h I ;:ili' i ~g I . I I , t "i !. ~! I ii, III 411 Agenda Item No. 8B April 8, 2008 Page 85 of 163 VANDERBILT TRUST 1989 PUD Legal Description O.R. 1417, PAGE 1398 THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, TEN (10) ACRES MORE OR LESS, LESS A PERPETUAL AND EXCLUSIVE EASEMENT FOR RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER THE SOUTH 150 FEET AS RECORDED IN OR BOOK 915, PAGE 286, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. SUBJECT TO OIL, GAS AND MINERAL RiGHTS PREVIOUSLY RESERVED OF RECORD AND SUBJECT TO EXISTING RESERVATIONS AND RESTRICTIONS OF RECORD. MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS: 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 89"56'12" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31, FOR A DISTANCE OF 661.05 FEET; THENCE RUN NORTH 02"11'18" 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 89"56'12" 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 02"09'51" 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 89'56'42" 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. Agenda Item No. 8B April 8, 200S Page 86 of 163 FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF HJSTORlCAL RESOURCES August 10, 2004 Ms. Sharon Umpenhour Q. Grady Minor & Associates, P.A, 3800 Via Del Rey Bonita Springs, Florida 34134-7569 Re: Crossroads Community Church of Naples, Inc. and Amy S. Turner Parcels Comprehensive Plan Amendment(s) Collier County, Florida DHR Project File No. 2004-6996 Dear Ms. Umpenhour: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the information submitted to determine if historic resources have been given sufficient consideration in the request to amend the Collier County Comprehensive Plan. A review of the Florida Master Site File indicates that no significant archaeological or historical sites are recorded for or considered likely to be present within the project area(s). Furthermore, because of the project location and/or nature, it is considered unlikely that historic properties will be affected. Therefore, it is the opinion ofthis office that the proposed comprehensive plan amendment(s) will have no effect on historic properties listed, or eligible for listing in the National Register of Historic Places, or otherwise of historical or archaeological value If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at (850) 245-6333. Sincerely, ~./ C!. ~ ~~~ '-tr Frederick Gaske, Director 500 S. Bronough Street. Tallahassee, FL 32399-0250 . http://www.flheritage.com CJ Director's Office (850) 245-6300 ' FAX: 245-6435 o Archaeological Research (850) 245-6444 . FAX: 245-6436 o Historic Preservation (850) 245-6333 . FAX, 245-6437 o Historical Museums (850) 245-<5400 ' FAX: 245-6433 o Palm Beach Regional Office (561)279-1475' FAX: 279-1476 o St. Augustine Regional Office 0 Tampa.Regional Office (904) 825.504S, FAX: 825.5044 (813) 272.3843, FAX; 272-2340 Q. GRADY MINOR & ASSOCIATES, P.A, Civil Engineers. Land Surveyors. Planners Agenda Item No. 86 April 8, 2008 Page 87 of 163 MARK W. MINOR, P.B. NORMAN J. TREBILCOCK, ALC.P.,P.E. C. DEAN SMl1'H, P.E. DAVID W. SCHMIT1', P.E. MICHAELJ. DELATF.,P.E. MA'lTIIEW J. HERMANSON. P.E. July 28, 2004 D. WAYNE ARNOLD, AI.C.P. ROBERT 'BOB' TIllNNEs, AI.C.P. THOMAS J. GARRIS, P .s.M. STEPHEN V. BURGESS, P .s.M. ALAN V. ROSEMAN Florida Department of State Division of Historical Resources A1TN: Compliance and Review Section. R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RB: Review of Project for Cultural Resources To Whom It May Concern: This letter is a request for information regarding historical, archeological, or cultural resources 1hat may be present within 1he Crossroads Community Church of Naples, Inc. and Amy S. Turner Parcels located in Section 31, Township 48, Range 26, Collier COlmty. Please find enclosed a location map, aerial, and current ownership of 1he property. r-:IY, -----._~ Sharon Urnpenhour cc: Richard Y ovanovich Amy Turner Tanuny Kipp (239) 947-1144. FAX (239) 947-0375 . E-Mail: engineexing@gradyminor.com F:\10B\1URNER VANDERBIL1\S~!.de~~ Springs. Florida 34134-7569 oEBILB 0005151 TYBCP AS Details Agenda R~o~~ April 8, 2008 Page 88 of 163 - Current OWnership FeUo No.1I oo203042108.M.a1l1 P'oporty Add,eosH NO SITE ADDRESS OWns,Name CROSSROADS COMMUNITY Add_sos CHURCH OF NAPLES INe ... 2051 TRADE CENTER WAY CIIII NAPLES I StateU.FL I Zlpll 34109 . 6244 Legal 31 4826 Sl/2 OF SW1/4 OF SW 114 LESS S 160FT LEss E 495FT . ..LESS R W DESC IN OR 3022 PG 1128 "For more than. four lines of Legal Description please call the PropertY Appraiser's Office. So!>!!on Township Range 31 48 26 Sub Ne. ~ 100 'I . "'e Use Code H 70 I INSTITUTIONAL Acres 9.18 Map No. 3631 . I Strap No. I . 1482631 085.0003631 I ~ l' MiI;;H>A'Oa ~ l' Millll!li 13.1244 ,. 2003 Final Tax Roll Values Latest Sales History Land. Value $ 596,700.00 (+) Improved Value $0.00 (=1 Market Value $ 596,700.00 r-I SOH Exempt Velue I $0.00 I (=) Assessed Value $ 596,700.00 (-I Homestead and other Exempt value' $ 596,700.00 I (=) Taxable Value $ 0.00 Date Book.. Page I Amount , 12/1999 2626 - 1550 $ 0.00 I 07/1998 2.438 ~ 2200 $ 675,000.00 I SOH = ~Save Our Homes" exempt value due to cap on assessment Increases. IiIlIiII The Information Is Updated Weekly. httn'//u.nxn.Xf ronll1por",nnro.1l:;<,:\>T r-nrnlTl ".,...............rin&of<.>..l <:>r;,.n?J:i'nl1'......rn=flM{)(\{)f'l")f\':):(M") 1 f)Q A!O/"')l\f\A Details Folio No. 00201000003 Mall ... Current Ownershl Property Address NO SITE ADORESS Page I of! Agenda Item No. 86 April 8, 200S Page 89 of 163 Owner Name TURNER, AMY S Addresses TAMMY TURNER K1PP BRT COASTAL INVESTMENT 210 MOORING LINE DR Cft. NAPLES If Slatell FL I Z1pll34102.4741 Legal 31 48 26 W1I2 OF S1/2 OF SE1/4 OF SW1I4, LESS S 150FT RIW 7.73 AC I I I Township 48 i Range 28' 1/ Acres 7.73 Map No. 3831 Slra No. 482631031.0003831 Section 31 ~ I , Sub No. '1J Use Code 100 99 NON-AGRICULTURAL ACREAGE 47 4!l Mlllaae 13.1244 2003 Final Tax Roll Values Latest Sales History .. 061 2003 II 061 2003 II Book ~ Page 3321 - 2565 lii!!..o.1m Amount I $ 0.00 $ 0.00 I Land Value $ 502,450.00 t {+ Improved Value $ 0.00 I I (~) Market Value II $ 502,450.00 II I (-) SOH EKempt Value II $ 0.00 I I (~) Assessed Value II $ 502,450.00 I I (-) Homestead and other hempl Value II $ 0.00 I I (~) TaKable Value II $ 502,450.00 I SOH = "Save OUf Homes" exempt value due 10 cap Dn assessment increases. Date ~ II BUd The Information is Updated Weekly. I1ttn:l/www,('.ollier;:mnT:;Il.t:f':1" ('.nmlRpr.llrrlnp.t~i1 ~~:m?Fnl,,,m=f)nOO()O()?01 O(}f)OO~ MOnO(\'! E-1 U ~ E-1 r/) ~ Eo-< Q ~ ~~I ~ ~ ~ ~ ~ ~ ~~ t ~ 9 '"::J .~ _.,; ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~~ ! _~W "t:l ~ ~ ~ ~g , . ~ ~ ~ ~ ~~ 141 ' ~ 0 ~~ ~8 III II" ! ~ U ~ ~ l,e ~ ~ ~ ." ~ 8 r ~ o 0 >08 E@ d ~ ~ in I iet . ~5i I ; --- I i . I 5~ r::3~ II , E, ::l~i I ~ ' II ~ ~ I!. ! > ~ ~ ~ !ill : t\l:'lI~Ooll!l'V> g!5 O'O'QlIOI4rTlIhNlI h > ! II · Ii ! ......WNI...I~~_... ~; j- .... ~ :::'1J:!~fi!... "'...."'<1 ~~~~I~m Uu ~i '" ~ III ;:;J 0.. I,' ~ . ili j:Q ;" ~ i i " ~.. ~ II Ii (J'IDl<l<OUOH""'i !I . , !~. il Ii. " ~ . . ~Z__~ '" ... ""~ !, ~~ ." .:::5.:; "a.ll ~~ "'11 ~~ii il i!!il~:i 1'1', Iii: i ~~ ill ~g I 00 No SB Agenda Item 200S April S, 63 age 90 of 1 .... ~!'I. III " · r.' 1:1 il ~~ll !; ~ "I; <1\ ~II ~D ~~ I 0- II 'j I I I I : COI.~fE!T.COUNTY GOVERNMENT D~PT. OF ZONING & LAND DEVELOPMENT REVIEW -~ : WWW.~.l)lLlERGOV.NET (i) Agenda Item No. 8B April 8, 200S 2800 NORTH HORSESHOE DRMge 92 of 163 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PRE-APPLICATION MEETING NOTES ',;". . ,..... '.......:.':.....,..........,....,... ~~U6l.t~~q~~ ;, ...'~PU~.f~.,~.~Q.,:~~~~....'.'''~' 'r"'t "V, GA. " "n,l :""nt . '..,W!",.. ,m!il,"'~~ ". ...... PUDZ-A-2007-AR_1I723 REV: 1 . Project: 19990317 Date: 5/1 0/07 DUE: 6/8/07 .", '..: '. .~: ~ - q-os Time: g: 30 Firm: Q ~J)Y M I fJOI2. Date: Proiect Name: VANDE:l2.SILT !eDS! -:PuD Size of Project Site: 7,~.t acres Applicant Name: -Sho.yOY) Um.~~O UQ' Pllone: 9lf'7-I' 1f-{ Owner Name: Pllone: Owner Address: City State ZIP Existing PUD Name and Number VAN1>ERB1LTlI2.U5T 1>uD DieD QQ-70cf: f.1Sb D5-&J Assigned Planner 1<0..'1 De.s.e !e.rrI IYlMting Attendees: (qUach ~ign hi Slleet) Submittal requirlimei'!ts (see heX'tjiage ehllckliirth -1 - G:\Current\New Pre-Application Forms 2006\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404.doc I flfP AM~NbMe~f.{pliJ>AJ pub''',. "/sipilb"". . . .,..R"""Q"..\ .""'/' ." P~~~::~!it~=:~~~~.Aj~.... .' April 8, 200S Page 93 of 163 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS I Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary Completed Application (download from web site for current form) Pre-ap Iication meeting notes Current Conceptual S~e Plan 24" x 36" and One 8 Vi' x II" copy -ReY'.._ -'-Once tuol Site Plan 24" x 36"and One 8 '/2' x II" cO Original PUD document qnd Moster Plan 24" x 36" ONU'-W j ....rYllddPlIMfi\.~......,JI~ '=t' ~15'Y./lr,Q...o (oOe...- Revised PUD document with changes crossed thru & underlined Revised PUD document w/amended Title page w/ord #'s, lDC 10.02.13.A.2 lllia"l!li! ~.....~~ Deeds/Legal's & Survey (If boundary of original PUD Is amended) Ust identifying Owner & 011 parties of corporation j Owner/Affidavit signed & notarized Covenant of Unified Control Completed Addressing checklist ~. '" Environmental Impact Statement (EIS) and digital/electronic copy of EIS Of exem tion justification Historical Surveyor waiver request Utility Provisions Statement wfsJ<et~ Architectural rendering of proposed structures Survey, signed & sealed C no mole. 0') b jY)D Dlct Traffic Impact Statement (TIS) _. Recent Aerial Photograph (wilh habitat areas defined) min scaled j 1"=400' Electronic copy of all docu'!'enls in Word format and plans (CDRom'lr Diskette) --Plans, VI.J 01': d ~ If located in RFMU (Rural Frinae Mixed Use) Receivina Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Fiorida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Pian", lDC Section 2.03.0B.A.2.a.(b)i.c. ~-~._..------' #OF COPIES 24 24 24 24 24 24 24 24 2 2 2 2 2 REQUIRED NOT REQUIRED .~. /VA N(A "'" ~ lJA 4 4 '-+ 4' '---" 4 4 "-.......1 7 5 ~ 1 ~ Applicant/Agent Signature Dafe 0p"" 'tie' .....r-. ~ .. ~I ,,".A:JU' f'uW ~ C&Mp. fiAol p,.IO~ -2 - G:\Current\New Pre-Application Forms 2006\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404.doc ..11A. . Agenda Item No. 8B m$10,000 (PUD Rezone) + $25 per acre (or frachon thereof) Apri1S,200S @E $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) Page 94 of 163 o $6,000 (PUD Amendment) + $25 per acre (or fraction thereof) ~ $150.00 Fire Code Review a $2,250.00 Comprehensive Planning Consistency Review g $500,00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre.app meeting shall not be credited towards application fees and a new pr....application meeting will be required, N $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). -esr $363.00 Legal Advertising Fee for BCC meeting D $2500.00 Environmentallmpoct Statement review fee N Property Owner Notification fees. Property Owner Notifications $/.00 Non-certified; $3.00 Certified return receipt moil ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Fees: Application Fee. Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: C thldbf ddtthPI tthddt ommen S s ou e orwar e 0 e annerD nor 0 e ue ae SCHOOL DISTRICT l0(ft PARKS & REC -Amanda Townsend t-J/A SUPERVISOR OF ELECTIONS 1"'-1 IMMOKALEE WATER/SEWER DISTRICT N/A DR/EM1 - EMER. MGMT - Jim Von Rintein ---..... UTILITIES ENGINEERING - Zamlra Deltoro CDES Coordinator - Linda B. Route Sheet f"J ---.. . :>! only I."nd"- ,1\. '"" j' t:p , 1l."Ab k{'l>r~ 11'~""A~~ ltJ '.. .."M#~ji~9N~~~~.. ...... @ - r.;~(.D;, fl.u1 It>> ,?f :.-f~,PF " ;".-r.lIJ)C I (j) I ,IITPlFI':>ry@.;i'LJZ>cY,eJ . ( 17 N(V~tIl-p- j)f5V"611:T rI4NS. ~~ , " z.)' A*'I ""~Il..."..TS. "pw' CA.-...,. ~> TU-V6A-'T t e~ib"".u. ~(::l' ~'D ,tj $ (.laM". """.n.t.- oJ;( s.. 00_. I. ,/ .If-~\~ CP-Mp. ftAlJi n'O/lce A. ~lAIlf.{') u..;~ PLM ~ YMCt:t2&L" MD ~ ~. ll~. AiS::o ~D:K. l~ AAtf'ft-/6B oJ; \Jt5:t; ~. LJ..tE ~. To. ~ ~ "b tro I'fbrorff{ . 1/\J-E-\> ~ CV({)ut~e.. ~ Ukl\r+~ ?l({)lHS(OY5S\~ cfvr ~ ?1~' -:p(o-J : ,~s:>-- ~ \ \--\ fO-c \r.e-r _ 3- G:\Current\New Pre-Application Forms 2006\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404.doc '\ (~ SUG>! I '" AL-- rteJ...lc,.. ~..t It;;. 'Pvt:::>. Agenda Item No. 8B April 8, 2008 Page 95 of 163 MEETING NOTES -.C">.O ~ ~-FU ~ ~ "'7\,. c:27/l.'yp' \Jo)-!f2.. b"$\.. 'V \,. k.. L~ M'"l:}v~ 7 De-Jlfn~ ~VIS"ST . / ._'_ Agenda Item No. 8B -- - - (-:=.~ ~~ i\ W (";:- ('- ". April 8, 200S '- - \ \L "'-\ Page 96 of 163 MEETING NOTES \.~) ?r-o(l!1$9A ACLF :r."~flQ.{J\~ L\Vlr\3 ~(,~ tVc;lJo ..lA-b- l 1-)\ \ \ \'\11 \J~ c.a 'fC;' t:) S -+- a ~ \~ '\<.tch ~J. ~ w\\\ fuut ~o.(b~r. ~q~ .B;lj(l\t :t{Oposed (gOr It'I L.\ s6ilec,J ' K F - E 'rl.o (s.e:fO rllY\ -to W . fic.ourea..= N .30' ~ffeA' {'eo,U liool -+0 E (W,\.s'v;\(4 \ ~Q....' IS 0.. c,e.~ ~l olAl' ~ Qc.CI>~ 't>o;V\~ Ol'\ \JoJAdofM+ -Y{D~C; Ll-s FAe.. 200~ 100-13D ~s.\~ CoUr1:ia.rd IS o7'J/1 ~ .5CY~ bu.\- C>~ ~yk\~ fl0'fbY-d \ mrio.( 'o\A5 ~o-e.s c..our\-u,Qfd tpc",/lc~~ CDunt -\-0 FAR FLU E. -= \J (m::kd,)llL~ l~~Of hODd cSu~ o\IS~ ct 200 \); I ~s or 'M -o..:r- ...~~~A~ 0. ({-, ..- ~ Must ?(OU\~ ck\al\eA -\-n sC'o.\e. \(iHc9srGq.lSL V\<lll U\.\ (e'7e>r\\ Y\3 ? DC " U) ~ :ifr 0/0 oR pC '~e5 ~~~ () 85 ('(Jtqv' { d~ ~ ck. uJll& Ufe. AIl~~~.h'11l 0 tJ5P 1~)OIl\~ flQO& 6 ~ G.rc1\. S\o.u&o.,v&s _\~ ~QrI\\1Vv: ~~\\.t ~ro\)lJk,jush~c~-\-t~ It ~5 f&\ ~l\ ~\-te-Y\S c.'k.'~ w\r.o...l;;- c-pc. ,5.e c.. f-r...<a.n ~ il.cJvoQ ~C.( t\c- (e~v\re ~ oJ.~ 0Jf vv'vl-o.-k- \ 5 I(>('i) ?O~ vU~ ~~ UU ~~~~~G ........"--*'''-=1 .......... .......................~...'I...... ,.. . - Agenda Item No. 8B April 8. 200S Page 97 of 163 :ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will aoolv to every oroi ect. Items in bold me are reouired. 1. Legal description of subject property or properties (copy of lengthy description may be attached) 314826 Wl/2 OF S1/2 OF SEl/4 OF SWl/4. LESS S 150FT R/W - ?o....,;~ ~.1 2. Folio (property ID) number(s) of above (attach to, or associate with, legal description ifmore than one) 00201000003 3. Street address or addresses (as applicable, if already assigned) No site address 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way 5. Copy of survey (NEEDED ONLY FOR UNPLA TIED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTlNG PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) o SDPA (SDP Amendment) o SDPl (SDP Insubstantial Change) o SIP (Site Improvement Plan) o SIP A (SIP Amendment) o SNR (Street Name Change) o Vegetation/Exotic (Veg. Removal Permits) ~ Land Use Petition (Variance, Conditional Use, Boat Dock Ex!., Rezone, PUD rezone, etc.) o Other - Describe: 10. Project or development names proposed fOT, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) o o o o o o o o PPL (plans & Plat Review) PSP (preliminary Subdivision Plat) FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting Permit) ROW (Right-of-Way Permit) EXP (Excavation Permit) VRSFP (Veg. Removal & Site Fill Permit) 1 I. Please Check One: ~ Checklist is to be Faxed Back 0 Personally Picked Up 12. Applicant Name Sharon Umnenhour Phone 947-1144 Fax 947-0375 13. Signature on Addressing Checklist does not constitute Project andlor Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number L\- \ 9 'is Address Number Address Number n. Address Number Approved by j,JA, "'- ~ ~C\(\ \)"',{o. f'n Date '7 - ! 4-- 0 c;, ~ ....;1....... ~'tk~. I~ ~~. il ~:...~....:........ .... ',' ~ ".-".; .~~ ~." fC.f -t!>t ~.'~ 1tii de J(!) (\z uti \1.11 CJ~ 10 oo~ Cl "::J r ~ r ~W -:E tn~ I- U 1.11 23 Qg: ~ CIl 'S; CIl ~ - c CIl E a. o Gi > CIl 'i Q c "lJ > C 0 l:I -' <>is C) c '2 o N - o - c CIl E 1: l:I a. CIl o '5 E ~ Ql W Qj !fJ c ~ ~ (') 0- N I (') ~ N , aa 0- W (') Z N Z ... <( CIl -' A a. E Q ~ W Z Z CIl <-' c Vi 0 III .c <( a. ~ i6: 0,.... ~, g~: ~. i .~... t 8 ~ 'I ~ ..... Ill',. I ?I' w..' ~..... i; "I tr" l:I ~ IV "'I u-' , \0 'J\ '" I .~ IT" 'j-' "' ll"' ~ tb ~:. ti(;:. ';.'~ 'j;;;.' D;, ~. ~. C). .S:'. 5r ~. ~ z :) d .U . - \\ t ~ ~ ~ u...~ <' ~ .' ~ ~~ ? ~ --:t.~ U"-' 'J ~ ~ .~ 'Il '1 ~ M ~ 0> ,; l'! N >2 !Q "' -g '" 'S: 1! o o "0 ~ <0 '1' o ~ 0; Q) ~ .., c: C) 'in "0 Q) '" 'S: ~ '" "- "- 4= Q) 9; Ii: i.U ~. z VI VI W c:: Q Q <( ~ :;;: ~ ... l i Sl t I~'t'~ ~ i ~ ~ ~ :::z '{ 'I ~ !I I .. ~ ~'-b -~::. -l. ",~QI ~ I~~ ~ I ~ ,~., -' ...! ~l>..jC> --D ,~ --0 ' ' .~ '1 ~ ~ -t ~ ~ ~ Agenda Item No. 8B April S, 200S Page 99 of 163 ~ ~ !'. 1'-1 ~1 ? 'a f'O "'~ '" '0 .~'? % ~ ~ ~ ~r- I~ f ~<\. ~ ,~r--.l Q ..::: ~ " Z T~ J o :E ~~l~ \:; VI c:: 1 '\i I' 0. ;;ii: e (; ~ 1--..\i'J ~ l~ ~j 8 "'r- iN" ~ ~ ~I~~; ~ '- < ., ~ - ~ c:: w a:\ :E ::) z w Z o :c l:l. w :E <( z -j 1 ~ ~~! ~ ~ I~ --r. ~~i-, .. _ "'0;1'-- t-=:J d l.~~~ ..,. ~ ~ 0> ,; ~ oj !;2 !!2 0) i:i Q) '" 'S: ~ u o "0 " o <b ~ o ~ " Q) ~ '" .!; c: 0> .;;; "0 Q) '" 'S: ~ '" a. l' Q) S; u.: PUDZ-A-2007-AR4~a Item:~'18B Project: 19990317 ApCiI8, ~008 Date: 5/10/07 Pilm:igiSi/17163 _. .~ ;~~ \,~ .~ ORDINANCE NO. 99- 70 AN ORDINANCE AMENDING ORDINANCE NUMBl!R 91-1112 TIm COU,IER OOUNrY LAND DEVRLOPMENT CODE wHICH INCLUDES TIm COMPREIlRNSiVll ZONING REGULATIONS FOR TIm UNINCORPORATED AREA OF OOU,IER COUNTY, FLORIDA BY AMENDING TIm OFFICIAL ZONING A1t.AS MAP NUMBER 86JIS; BY CHANGING TIm ZONING CLASSIFICATION OF TIm HEREIN DESCRIBED REAL PROPERTY FROM "A' RURAL AGRICULTURAL TO "PlJD' PLANNE!P UNIT DI!YELOPMENT KNOWN AS TIm VANDERBILT TRUST J 989 FOR AN ASSISTED LlVING F AClLITY. CHILD CARE CENTER AND SKILLED NURSING FACILITY USES, LOCATED APPROXIMATELY I MILl! EAST OF AIRPORT ROAD (C.R. 31) ON TIlE NORTH SIDE OF VANDERBll.T BEACH ROAD (C.R. 862), IN SECfION 3 J, TOWNSHIP 48 sourn. RANGE 26 EAST. COLLIER COUNrY. FLORIDA, CONSISTING OF 7.85' ACRES; AND BY PROYlOlNG AN EFFECTIVE DA TR.. WHEREAS, D. Wayne Arnold, of WilsonMiJJer, Inc., and Kim Patrick Kobza, Esquire, ofTreiser. Kobza and Volpe. Chid., representing The Vanderbilt TrusI w ] 989, petitioned the Board of County Commissioners to change the 'Zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINBD by the Board of County Commissioners of Collier Connty, Florida: SECTION ONE' The zoning classification of the h=rein described real property located in Section 31, Township 48 Soulh, Range 26 East, Collier County, Florida, is changed from .. A" Rural Agricultural to "POO" Planned Unit Development in accordance with The VandeIbUl TIUSt 1989 PUD Document. anached hereto as Exhibit" A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8631S, as d?Scribed in Ordinance Numbel" 91 ~I02, the Comer"Cau~ty Land Development Code, is ~reby amended accordingly. SECTION TWO: This Ordinance sball become effective upon filing with the Department of Stale. :-I ~g ;:0 PASSED AND DULY ADOPTED by the Board 01 County Commissioners olColIier CoUll\l:;;r.1lIrid~ ::;:;::1 n IJ ~.dayof CCJa."'\'D2.t:.Q... .1999. ~3f -.., __ 0)", "':.;~ \.0 r- BOARD OF OOUN'IY OOMMlSSIONERS ",-< OOLLIEROOUNTY,fWRlDA ~!ii 5: m .LJ i!~O B~~il.e~ . U) f /:~~::~:T;f;~ii;~\ -'" """ ;\."""'''''', .- - ;"i:'''''I~:;~O :.::f:"....:.": .' ~--~ '\6 ~ ::....-......,. ". . ': -. ~ ". "-:;0, \;'~.. , ... lJI.,u..... ~ ~.-.:::,p .' . .?;. CIC, Cled< "''''':~ll~~~"t-'''t:.fO tltlll"lllll'1 "',,,..tQna'tufe On11. Approved as to FonD and Lop] SuJIlc;cncy Thl. onllnOn!:o flied willi ~ 21~~ ~:~.::. ~)~J"' and acknowl.dgem t of that 1;U'<!1f~lved 01 , By flt~ 711.fk:<...,ct Muj c M. Student Assistant Coumy Attorney sladmialpdhicmll'UD-~-lIJORDmANCBI ~UlTC" -1- IDIM-$DOl Vr, D11.WA"'H01.J) ~"~~":.~" ~-- ..."" THE VANDERBILT TRUST 1989 A PLANNED UNIT DEVELOPMENT Prepared for: TIlE VANDERBILT TRUST -1989. Amy Tumer, Trustee 6625 New Haven Circle Naples, FL 34102 Prepared by: Q. GRADY MINOR & ASSOCIATES, P.A. 3BOO Via Del Rey Bonita Springs, FL 34134 EXHlBIT uA" Dale Reviewed by CCPC Date Approved by BCC Ordinance Nnmber Amendments and Repeal Agenda Item No. 8B April 8, 2008 Page 101 of 163 Agenda Item No. 8B April S, 200S Pa9,e 102 of 163 TABLE OF CONTRNTS Statement of Compliance Section I Property Ownership and Description 1.1: Purpose 1.2. Legal Description 1.3. Property Ownership 1.4. General Description of Property Area 1.5. Project Description 1.6. Short Title Section n Project Development Requirements 2.1. Purpose 2.2. General 2.3. Description of the PUP Master Plan and Proposed Land Use. 2.4. Related Project Plan Approval Requirements 2.5. Sales Facilities 2.6. Amendments to PUD Document or PUP Master Plan 2.7. Common Area Maintenance 2,8. Design Guideline. and Standards 2.9. Provision of Off-site Removal of Earthen Material Section m General Development Regnlations 3. J. Purpose 3.2. Uses Permitted 3.3. Development Standards ..-. mlJM..5no1V<:r, OII.WAlHOLO n.....~.. OJI$'I.OOo.ooo.rl'\Jtl.ll:uf Section IV 4.1. 4.2. 4.3. 4.4. 4,5:' . 4.6. 4.7. 4.8. 4.9. 4.10. 4.11. 4.12. 4.13. 4.14. Exhibit "A" Agenda Item No. 88 April 8, 200S Page 103 of 163 Development Commitments Pwpose General PUD Master Plan Monitoring Report and Sunset Provision Transportation Water Management Utilities Engineering Landscaping Environmental J\ccessory StnJc~re9 Signs Polling Places Historic! Archeological PUD Master Plan Agenda Item No. 8B April 8, 200S Page 104 of 163 STATEMENT OF COMPLIANCE The development of this project will be in compliance with the planning goals and objectives of Collier County as sel forth in the Growth Management Plan for the following reasons: I. The project will consist of a maximwn of200 Assisted Living Facility (ALF) Units or a combination of up to 180 ALF units and up to 50 Skilled Nursing Care Facility '(SNCF) heds, as well as. ancillary uses, The PUD also provides for the development ofa child day care center on the 7.8S:!; acre site. The property is located in the Urhan Mixed Use District. Urban Residential Subdistrict. Non.residential uses such as ALFs and child care centers are pennitted land uses within this designatioIL The Collier County Land Development Code permits ALFs, suhject to a floor area ratio (FAR) of 0.45. The Vanderbill Trust 1989 POO will he developed in accordance with the FAR requirements of the Collier County LDC. 2. The. project shall be in compliance with all applicable County regulations including the Growth Management Plan, 3. The project will he served hy services and utilities as approved hy the County. 4. The project ia compatihle with adjacent land uses through the intem!'l arrangement of structures. the placement of laud nse huffers, and the proposed development standards contained herein. 5. All linallocal development orders for this project are suhject to the Collier County Adequate Pohlic Facilities Ordinance, Division 3.15 ofthe Land Development Code. l.--..... f.Il~1Jn'I"~.II-W,l.JtHelU) all"_>mIP-lIlH Agenda Item No. 8B April 8, 2008 Page 105 of 163 ,. .' STATEMENT OF COMPLIANCE The development of this project will be in compliance with the planning goals and objectives of Collier County as set furth in the Growth Management Plan for the following reasons: I. The project will consist of a maximum of200 Assisted Living Facility (ALP) Units or a combination of up 10 180 ALF units and up to 50 Skilled Nursing Care Facility . (SNCF) beds, as well as, ancillluy uses. The PUD also provides for the development ofa cbild day care center on Ihe 7.85:1: acre site. The property is located in the Urban Mixed Use District, Urban Residential Subdistrict Non~residenHal uses such as ALPs and child care centers are permitted land uses within this designation. The Collier County Land Development Code peIlDits ALPs, subject to a floor area ratio (FAR) of 0.45. The Vanderbilt Trusll9B9 PUD will be developed in accordance with the FAR requirements Qf the Co Hier County LDC. 2. The project shall be in compliance with an applicable County regulations including the Growth Management Plan. 3. The project will be served by services and utilities as apProved by the County. 4. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed dcvefopment standards contained herein.. 5, All linallocal development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. 6I2)M-'1JlrIVU,IIoWMIfQI.$l , Agenda Item No. 8B April 8, 200S Page 106 of 163 I-I SECTION I PROPERTY OWNERSIDP AND DESCRIl'TION 1.1. PURPOSE The purpose of this Section is to set forth the location and ownership ofthe property, and to describe the existing conditions of the property proposed to be developed under the project name of The Vanderbilt Trust 1989 PUD. 1.2. LRGAI. DESCRIPTION The West !i of the South V, of the Southeast Y. of the Southwest Y. of Section 31, Township 4B South, Range 26 East, Collier County, Florida, les. the south 150 feet thereof, consisting of 7.85:!: acres. 1.3. PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of The Vanderbilt Trust- 1989, Amy S. Turner, Trustee. . 1.4. GENERAL DESCRIPTION OF PROPRRTY AREA A. The 7.85:t acre site is located approximately 1 mile east of the intersection of Airport- Pulling Road and Vanderbilt Bcach Road in Scction 31, Township 48 South, Range 26 East The vacant property i. bordered on Ibe south byVanderbill Beach Road (CR 862); on the north by agricultural lands, zoned A., Rural Agricultural; to the east by the Wilshire Lakes PUD and on the west by the Bobbin Hollow Eqnestrian Center, zoned A., Rural Agricultural. B. The zoning olassification of the subject property prior to the date of this approved'. PUD Docwnent was A., Rural Agricultural. C. The project site ia located in Flood ZOno"X" according to FIRM Map No 120067, '..... Panel No. 0385 D, 195 D, 215 D, and 425 D, dated luno 3, 1986. 1.5. PROJECT DESCRIPTroN The Vanderbilt Trust 19B9 PUD is designed to accommodate continuing care facilities including an Assisted Living Facility (ALF), consisting of Independent and Dependent Uving Units, as well as a Skilled Nursing Care Facility (SNCF). The PUD also makes a provision for the construction of a child care f8l;Uity, whether free-standing or an integral component of the ALF rsclllty. The maximum nwnber of ALF units permitted within the OtJ~Ytt.I''''''.o.IlliQ.I> NI...........~I"W'-'.... Agenda Item No. 8B April 8, 2008 Page 107 of 163 1-2 PUD is 200. A maximum of 50 SNCF beds may be constrocted within the PUP; however the ability to constroct up 10 50 SNCF beds in combination with the ALF shall require a subsequent reduction in the number of ALF units. ALF and SNCF facilities shall be defined as those facilities described in Sections 400.402 and 400.407, F.S., respectively and Division 6 of the Collier County Land Development Cod.. The project will also include ancillary support medical. nursing, and retail dispensaI)' services to the ALF and SNF uses. The pennilled child day care facility shall be constructed in compliance with the Collier Counly Land Development Code and applicable provisions of The Vanderbilt Trosl1989 PUD. ."...:~. Ul........''h<I7Yor.GlJ,,,....tIOUl Agenda Item No. 8B April 8, 2008 Page 10S of 163 1-3 1.6. SHORTTTTI,E This Ordinance shan be known and cited as tbe "The Vanderbilt Trusl 1989 Planned Unit Development Onlinanc.e." _"","IF"',>.a~ IQIU_>-I'l'\Il)./I2H Agenda Item No. 8B April 8, 2008 Page 109 of 163 '. 2-1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1. PURPOSE The purpose of this Section is to delineate and generaUy describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in tbe project. as well as other project reJationships. 2.2. GF.NERAL Regulations for development of The Vanderbilt Trust 1989 PUP shall be in accordance with the contents of this Flanned Unit Development District document and other applicable sections and paris of the Collier County Land Development Code and Growth Management Plan in effect at the time of development order approval. Where this PUD Ordinance does Dot provide' development standards, then the provisions of the specific section of the LDC in effect at the time of Issuance of any development order to which said regnlation relates shall apply. . A. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building penni! application. B. All conditions imposed and all grnphic material presented depicting restrictions for the development of The Vanderbilt Trust 1989 PUD shall become part of the regnlations which govern the manner in which the PUD site may be developed. C. Unle.. modified, watved or excepted by thl. PUD, lho prnvi.iollB of any other aections of the l.,and Developmont Code, whore applicable, romatn in fbll force and' effect wilh respect to the development of the land which comprises this PUP. . :0~ D. Development ponni1ted by lhe apprnval of thl. Potition will bo subject to . concurrency review onder lhe proviBiona of Division 3.15, Adequate Public Facilities, of tbe Land Development Code, at lho earliest or next 10 occur of either linel SDP approval, !inel pIal approval, or building permit iasuence applicablo to thl. development ~.~~~~!Il::W.w.lCUl Agenda Item No. 8B April S, 200S Page 110 of 163 2-2 2.3. DESCRrPTION OF THE PIJD MASTER PLAN AND PROPOSF.D I.A ND lJSES A. The PUD Master Plan, which indicates project access points, internal circulation and land development envelopes. is illustrated graphically by Exhibil "An, PUD Master Plan. B. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at Ibe time of County development approval. Changes and variations in building tracts, location and acreage of these uses shan be permitted at time of County development approval 10 accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Comer County LDC. C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public) shall be established within or along the various tracts as may be necessary. 2.4 RELATED PRO.meT Pl.AN APPROVAL RF.QTlIREMENTS A. Prior to the recording of a Record PIal, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency 10 insure compliance with the PUD Master Plan, the Collier Counly Subdivision Code and the plaiting laws of the State of Florida. 1I,1l"".'lnl'\la:IHIoWAAHOlll "l~"l/l>.D7J,f Agenda Ilem No. 8B April 8, 200S Page 111 of 163 2-3 B. Exhibit "An, 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 property and the development of the land shall be in compliance . with Division 3.2 of the Collier County Land Development Code. and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable. shall apply to the development of all platted tracts, or paroels of land as provided in said Division prior to the issuance of a building pennit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 SALES AND CONSTRUCTlONOFFlCRS Wet OT dry temporary offices used for sales functions andlor constiuction offices and their support facilities shan be permitted uses in conjunction with the promotion and development of The Vandemilt Trust 1989 PUD. These uses shall he subject to the requirements of Section 2.6.33.3, Section 3.2.6.3.6 and Division 3.3 of the Collier County Land Development Code. 2.6 AMRNDMRNTS TO Pun DOCUMENT OR pun MASTF.R PT.AN The PUD Master Plan is designed to be flexible with respect to locations of buildings and water management facilities. Final designs shall be consistent with all development otandardJ contained in this PUD document, including building height and minimum yards. Th. Planniug Service. Director shall b. ,uthorized to appro",,' . minor cbanges to the PUD Master Plan upon written request: 1. Reoonfigmation of lakes, ponds or other water management features where changes are consistent with the criteria of the South Florida Waler Management District and/or Collier County. 2. Internal realignment of rights-of-way or driveways. 3. Reconfiguration of ALF/SNCF development envelope where proposed chonge does not reduce proposed buffers or preserve areas. _Y~.-!I.W;Ut)OJUJ 1IJ~~'1IJ.l ~1"""'. Agenda Item No. 88 April 8, 200S Page 112 of 163 2-4 Other amendments may be made to the PUP master plan as provided in the Collier Land Development Code, Section 2.7.3.5. County 2.7 ASSOCI A nON OF PROPERTY OWNER~ FOR COMMON AREA , MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest of all of the subsequent purchasers of property within said development in which the common interest is located, Ihat developer entity shall provide appropriate legal instruments Cor the establishment of a Property Owners' Association whose function shan include a provision for the perpetual care and maintenance of all conunon facilities and open space subject further to the provisions of the Comer County Land Development Code, Section 2.2.20.3.8. 2.8 DESIGN G1JIDELINRS AND STANDARDS The V underbilt Trust - 1989 PUP will feature an integrate~ and compatible architectural building style. Where multiple buildings are constructed within the PUD, all buildings shall be constnlcted using like exterior building materials and primary color palate, while retaining a common architectural buiJding style. 2.9 PROVISION FOR OFF-STTR REMOV AT, OF EARTIl1<N MA TERTAI, The excavation of earthen material and ils stock-piling in preparation of water management facilities or 10 otherwise develop water bodies is permitted. Off-site disposal of this material i. also permitted subject to the following conditions: I. Bxcavation octiviti.. lmatl comply with tho definition of a "devolopmCllt oxcavatio.... purauant to S..tlOIl 3.5.5.1.3 of the L<<nd Development Code wheieby off-sit. removal shall b. limited to 10% of the total up 10 . mmdmum of 20,000 cubic yards. 2. All otberpmvisions of Division 3.5. are applicable. ~,..,Yft',-Olr,..AaJlOUl OIIQ~1GJf Agenda Item No. 8B April 8, 2008 Page 113 of 163 3-1 SECTION m DEVELOPMENT REGULATIONS 3.1 , PURPOSE The purpose of this Section is to idontify the permitted uses and development standards ror ALF/SNCF and ancillary uses that will be applied to tbe development areas so designated on Exhibit "An. 3.2 USES PERMITTED A maximum of 200 ALF units, or a combination of up to 180 ALF units and a maximum of SO SNCF beds may be constructed within The Vanderbilt Trust 1989 PUD. .The PUP shall also pennit the construction of a child care facility, whether free-standing or integral to the ALF facility. ALF and SNCF uses shan he those deCmed under Sections 400.402 and 400.407 F.S., respectively and Division 6 of the Collier County Land Development Code. Pennitted uses. I. Assisted living facilities and including skilled nursing care facility, subject to the requirements of Scction 2.6.26 of the Collier Comty Land Developmont Code. 2. Child Day Care Services (83S I) Uses accessory to pennitted uses. " . I. Accessory retail/personal service facilities such as sundry shop, concierge service, gift shop, cafeteria, hainlresser, dry cleaning, florist, home health care ..rvlc.. and other similar us..lntomall%od within primary care structure. 2. Medical support Cacilities including phy.ician offices and mu.ing .taft 3. Child Day Care Services. 4. Customary ..e..sory us.s and stiueturca Including covered parking, and Indoor and outdoor recreation facilitics, boardwalks, gazebo. and nature trails. ~v.r.ftI"WAAl'ttlU) 3.3 DEVEl.OPMRNTSTANDARDS ~~;-:.,... &lJJM.mm......~II.WAANOcJl Q)111_H'I'\II).IflN The foJlowing development standards shall apply to an permitted and accessory uses. 1. Minimum Yard Requirements: Front: Thirty-five reet (35') for one and two story structures. Fifty feet (SO') ror structures exceeding two stories in heighl Side: East West One hundred feet (100') 25 fee~ except that accessory structures may be constructed a minimum or fifteen reet (1 S') from the PUD boundary. Rear: Agenda Item No. 8B April 8, 200S P!'lge 114 of 163 3-2 Twenty-five (25') feet, except that accessory structures may be constructed a minimum of fifteen reet (IS') from the PUD boundary 2. Maximum. Bldg. Height: Three (3) habitable lIoon Agenda Item No. 8B April 8, 2008 Pa.ge 115 of 163 4-1 SECTION IV 4.1. , PURPOSE DEVELOPMENTCOMmnTMENTS The purpose of this section is to set forth the development commitments for the development of the project. 4.2. GENERAL All facilities shall he constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to Ibis PUD. Except where specifically noted or stated othctwlsc, the standards and specifications of the Land Development Code, Division 3.2, shall apply 10 this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be respOnsible for the conunitments outlined in this document. The developer, his successor or assignee shan follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in tide is also subject to any commitments within this agreement. 4.3. pun MASTER PLAN .~ I . 4.4. 6n/W.,mnVc:r:OII.W.oI.kHOLD '::.~~!':'. ~.._ om A. Exhihit "A" PUD Master Plan, illnsttales the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to he final and may he varied at any subsequent approval phase such as final pllltlna or .Ite development pllll1 application. Amendmonlo .hall be. permitted IUbjoctto the provlsioDl of Section 2.3 snd 2.6 of this PUP document, . and Section 2.7.3.S of the Land Development Code. B. All necc.oary caacmenll, dedicatiOlll, or other lnatrumenlo shall be granted to insure the continued operation and maintenance of all serviee utilities and all common areas in the project. MONITORrNG REPORT AND SUNSET PROVISION A. The Vanderbilt Trust 1989 PUD aball he IUbject to the Sunset Provialons of Section 2.7.3.4 oflbe Land Development Code. : " Agenda Item No. 8B April 8, 200S Page 116 of 163 4-2 B. An annual monitorlng report sball be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. 4~. TRANSPORTATION A. Primary site access shall be from Vandetbilt Beacb Road and shall be consistent with the County's Access Management Policy, Resolution 92-422, as amended. The project access point to V lUIdetbiJl Beach Road as shown on the PUD Master Plan, Exhibit A, is conceptual and the actual project access point sball be located in accordance with the County's Acoess Management Policy. B. The developer sball be responsible for the installation of arterial 'level street lighting at all project entrances prior to tbe issuance of any certificates of occupancy. C. Road impact fees sban be paid in aceordance witb Ordinance 92-22, as amended, and shall be paid at the time building penuits are issued unless otherwise approved by tbe Board of County Connnissioners. '. D. The property owner shall reserve for additional Vanderbilt Beach Road Rigbt-of- Way, an area fifteen feet (IS') wide along the soutb proJlO'lY bOWldary. This reservation sball he considered as cOmpensating right-oI-way to provide roadway and drainage related improvements as part of tbe futore Vanderbilt Beach Road Iour-Ianing project. The dedication sball be eligible for impact fee credits and shall be granted pursuant to Impact Fee Ordinance, 92-22. Compensating RoO.W. for purposes of site-related impacts south as deceleration lanes shall not be eligible for impact fee credits. The referenced rlghl-of-way reservation shall be transferred to Colller County in fee simple title with 60 days of written request by Collier County. 4.6. WATER MANAGEMF.NT .,.-... ~)1"""'...mW~Mr:Uio "'1f~~lI>>t The development of this Pun Master Plan shall be subject to and governed by lbe following conditions: A. In accordanco with tho rnles of tho South F1ot1da Waw Management Dlatrict (SFWMD), Chapter 401l-4 and 40B-40, thi. project shall bo designed for a storm event of a 3-doy duration snd 2S-year retorn frequency, B. Drainago outfull shall be designed for discbargo to the Airport Road Canal, via tho Vanderbilt Beach Road right-of-way. C. Detailed waw management plans including oulfallloeations .hall be submitted at the limo of site plan review. ,.. I Agenda Item No. 8B April 8, 2008 Page 117 of 163 Q GRADY HINOR 941 947 037S 10/14 '99 11:56 NO.761 03/03 4.7. UTILITIES The dcvelopmcmt of ihls PUD Master Plan shall be subject to and governed hy the following conditions: A. Water distribution, sewage conection and transmission systems shall be constructed tbroughout the project by the developer at no cost to Collier County and the State of Florida. Potable water and SBDitary sewer faelliti.. constrocted witlUn platted rights-of-way or within dedicated County utility easements, reqUired by the County, shall be conveyed to tho County for ownership, opel3lion end maintenance pursuant to Collier County Ordinance No. 97-17, as amended and all Slate and Fede..1 rogu1etions and adopted policies in effect at the tjme of conveyance. All potable watet 'and sanitary .ewer facilitics consttncted On private property and not required by the County to be located within County utillty easOlll.enls shall be owned, opmted and maintained by lh.. de-veloper, his assigns or successors. B. All customtl'S counocting to the potable water dis1ribution system shan be customers of the County and shall be billed by the County in accordance wilh tho CountY's established rates. C. Collier County shall assume ownership end mainlenBnc<> responsibility for any lift station required to se"", The Vanderbilt Trust 1989 PUO, should such 11ft station also be designed to serva adjacent site('). . 4,8. ENGINEERING A. Design and constraotlOll of all iropl:OVOlXlo:nll shall be subject to compliance with tho appropriat<l provisions of the Collier County Land Development Cod., Division 3.2. B. Work within Collier ColDJIy right-of-way shalllllect tho requirements of the Collier County Right-of-Way Ordinance No. 93-64, as amended. 4.9 T ....NDR(;.A.'PING ,,- '\. A. All requlreclllndloap. bulfers shall be In 8OCOl'danc. with Soction 2.4.7.4, oflb. Colllox County Lend Dev.lopment Code, oxcept tlw minimum buffi>r wic!tbl .ball be ooDllatent with tho... shoWn on tho PUD __ pi.... Exldblt A. B. The ._.most ltndsoape bulJer shall cons\!t of rotalned native v.setatlon to tho gr_ extent possible end shall be a minimum of thirty teet (30') in width as shown on th!l PUD Mas1l:r Plan, Exhibit A. In additlOll, ~ exotic vegetation removed from the _-most bulier shall be replaced with l1lIfive v.getation wbich will amin 8Il opacity equal to tho removed exotic vegetation. ',. Agenda Item No. 8B April 8, 2008 Page 118 of 163 . -'" ~'" . -. '" . . ;';:>":''':, ". " ,.' 4.10. ENVIRONMENTAl. 4-4 A. 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 plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within conservation/preservation areas. B. Pennits or letters of exemption from the U.S. Anny Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall he presented prior to final site plan/construction plan approval. C. Petitioner shall relain a minimum of 15% of the PUD of the native vegelation on site as required hy Section 3.9.5.5.4 of the Collier County Land Development Code. 4.11. ACCESSORY STRIJCTIIRES Accessol}' structures shall be con'lmcled simnltaneously with . or following the conslmction of the principal stmcture(s). Temporary offices to be u,ed for sales functions and/or constmction offices may be constructed prior to the construction of principal structures. 4.12. SIGNS ..-::~ ~'no?"""~'r.lI'AAIG..tl ",,~,........,_rl)U 4.13. 4,14, All signs shall be in accordance with Division 2.5 oftbe Land Development Cod.. POJ.I,INGPLACES Pursuant to Section 2.6.30 of tho Land Devolopment Code, at the written requOSl DC'. the Collier County SnporviBDr of Elections, pmvisloos shall bo rosdo for tho futuro use of building space within common areas fur the purposes of accommodating tho function oC an electoral polHng place. mSTORICAVARCHAROI.OGlCAI. The subjoct property is located outsldo an area of historie/archeologieal probability and therefore is granted a waiver pursuant to Section 2.2.25.3.10 of the Collier County Land Development Code. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artif""t or Indicator is found, the developer shall invoke the procedureS as established in Section 2.2.25,8.1 ofthe comer County Land Development Code. i' ,'. .... ..: - , ." . ,:"-; .:: ~ .~....'. ,~:.:: r, .', .' '. :,. .' '.; I . '. " -.' ., '. ,~.,-,.~;. . '.~' ""~'. . 3~ . I ! --. .. ~ I Ii i ~I r I ~ ~~ i I II ii I i~ . ~ I ~m I i lJp . ~ I . 2 ! I . ~ ~i I I I --.... ~ i iJ Irm~m 1i'W WaJlHlllml.V V/ilOlIll'ii' nml!J WL~..!' . PUO MABTEA PlAN --.........- -.. PrIlplfWd b11he VIIdltbI lhIIISMeJ -....-.-.-.- ------- --.---.-- EXHIBIT .. A II Agenda Item No. 8B April 8, 200S Pag~. 119 of 163 " " '. .... t~f~~,t::\' ,.~. '.. Agenda Item No. 8B .April 8, 200S Page 120 of 163 . ~" ..... .... .", .:' .. . .. ~ . . :'.: .. '.;r. ." :" /': ",,- . ; :.~ '. ~ :. ....:.l :,>'. ..... .... '~ . .'.'" ;'" . .;. .-.!"::'.: :":." ./:':.::~' STATE OF FLORIDA) COtlNTY 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: ::;;, ~~ ~ -1\ "'"'!p ~ "..,. ~~ - ."..,. ;;,.-, .p \".,.,. Which was adopted by the Board of County Commissioners on ~ ~ '(:) 12~b, day of October, 1999, during Regular Session. ~~ ~ ~~ ~ ~~ c:> WITNESS my hand and the official seal of the Board of County ~~ ORDINANCE NO. 99.70 Commissioners of Collier County, Florida, this 13th day of October, 1999. DWIGHT B. BROCK . .<~;~~~.~i~~.(;~?:';:>,. Clerk of' Courts and Clerk ....~.~./~.. ,;..:(ll.t~,""o:. ffi i : ,-'.' ,\\,'tII'.' ".", "'c.'. Ex-o c 0 ~o Board of t :-,:~",r~*.' ':?..~\:;;'l""~d, ~ County Comm~ssioners :;;:"::',€{::' ::,,~.;,~t::~f=' \r\ ~~ ~ ~~~r;;:::.{t1}l!lJ?S~r;jj ~ . ~ '1~/\1h';~,t~ ""?'!-t~~.l . : ',/, dJ.' ""'':-~'';'" \'\' ,,'" ,." By: Arlene J. Baker, : ";'~/'l'!';f!.>.r:,f)':;'..". Deputy Clerk ~ .:,."....,.."".1 Agenda Item No. 8B April 8, 2008 Page 121 of 163 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers _ Land Surveyors _ Planners LETTER OF TRANSMITTAL Date: September 24, 2007 Project: Vanderbilt Trust MPUD, AR-11723 Location: S31, T48S, R26E, Collier County, Florida TO: Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Division Administration 2800 N. Horseshoe Drive Naples, FL 34104 Items transmitted via: Courier We are sending you the following items: Affidavit of Compliance Notification letter Project location map List of property owners notified Remarks: Signed: mpenhour cc: 3&00 Vi. Del Rey Bonita Springs, Florida 34134 (239) 947-1144 Fax (239) 947-037S VTPA7 La 9-24-07 T.doc Agenda Item No. 88 A[Ujl.ll 200S Vanderbilt TI1lIllt~If~f 163 AR-11723 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2005-27 of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes at their current address as shown by the records of the Collier County Property Appraiser of an application request for an amendment to the Collier County Growth Management Plan, at least ten days prior to the scheduled Neighborhood Information Meeting. The said notice contained the laymen's description of the site property of proposed change and the time and place of a Neighborhood Information Meeting. Per the attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. State of Florida County of 6ellier U;;: c The foregoing Affidavit of Compliance was acknowledged before me this 21 ,\ day of September, 2007, by Sharon Umpenhour, who is personallY known to me or who has produced l~A'"r~~ PMlEIAM.H\'Y11 lei ,~MYCOMMISSION#DD631212 '"J,.....~~' EXPIRES: May 24, 2009 '.P.tHff,-.. 8ondedThnJrlmaryPubllt:Undl!rwrilors r:J~ /1// ature of Notary Public) fil/.fEUI 1'1. II yy n (Print name of Notary Public) 10/2512006-179337 Ver. 01!- MPERRY CA#43 N0155-011-00Q- PPHS- 29251 VTPA7 Q. G..~-\.DY MINOR & ASSOCIATE_ . P,A. Civil Engineers II Land Surveyors II Planners II Landscape Architects Agenda Item No. 8B April 8, 2008 Page 123 of 163 MARKW.MlNOR,.P.E. JOSHUA R F:V ANS, P.l!. MICHAEL T. HERRERA. P.E. DAVlDW.SCHMlTI.P.E. MICHAELJ. DELATE, P.E. C. DEAN SMITH. P.E. GARY J. GASPERlNI, P.E. WIlSON A. GARCIA, P.E. D. WAYNEARNOW,A.LCP. STEPHEN V. BURGESS, P S.M. JUAN A. ARAQUE, P S.M. KEl1H A. STEPHENSON, P S.M. KENNETIi W. PAHlJTSI(J HEIDI K. WIl.UAMS, A.lC.P. PAMELA M. HYYI1 September 21,2007 RE: Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-11723 . Dear Property Owner: This letter serves as Notification of a Neighborhood Information Meeting for Rezoning. Amy Turner and/or Tammy Tumer Kipp, owners, represented by D. Wayne Arnold, AICP of Q Grady Minor and Associates, PA and Richard Yovaoovich of Goodlette, Coleman and Johnson, P.A. have made a formal application to Collier County to request a rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit Development (CFPUD) for the Vanderbilt Trust 1989 PUD. The property consisting of 7.8:!: acres is located on the north side of Vanderbilt Beach Road, approximately 1/4 mile east of Livingston Road, Section 31, Township 48, and Range 26, Collier County, Florida. The proposed zoning change would allow a maximum of 80,000 square feet of commercial land uses and assisted and independent living facilities for persons over the age of 55 at a 0.6 floor area ratio. In order to provide you an opportunity to become fully aware of our intention to develop the described property as indicated above and to give you an opportunity to provide comment regarding the development intended, we are holding a Neighborhood Information Meeting on Wednesday, October 10, 2007, 5:30 P.M. at the Vineyards Elementary School Cafeteria, 6225 Arbor Boulevard, Naples, FL. At this meeting, we will share with you the conceptual development plans for the property. S on Umpenhour lanning Technician (239) 947-1144 II FAX (239) 947-0375 II Web Site: www.gr.dyminor.com 3800 Vi. Del Rey II Bonita Springs. Florida 34I34-7S69 EB 0005151 II LB 0005151. LC 26000266 Nofitlcation letter.DOC VTPA7 Agenda Item No. 8B April 8, 200S Complete the following for all Assoclatlon(s) affiliated with this petition~age 124 of 163 Provide additional sheets if necessary, NAME OF HOMEOWNER ASSOCIATION: WILSHIRE lAKES MASTER ASSOCIATION MAILING ADDRESS 9877 CLEAR LAKE CIRCLE CITY NAPLES STATE.E.l- ZiP 34109 NAME OF HOMEOWNER ASSOCIATION: PELICAN MARSH OWNERS' ASSOCIATION MAILING ADDRESS 1385 WOOD DUCK TRAIL CITY NApLES STATE FL ZiP 34108 NAME OF HOMEOWNER ASSOCIATION: PELICAN MARSH PROPERTY OWNER ASSOC. MAILING ADDRESS 1853 TIMARRON WAY CITY NAPLES STATE FL ZIP 34109 NAME OF MASTER ASSOCIATION: VILLAGE WALK HOMEOWNERS ASSN. OF NAPLES, INC. MAILING ADDRESS 3953 ISLA C1UDAD COURT CiTY NAPLES STATE.Eb- ZIP 34109 Application For Public Hearing For POO Rezone 1/22/07 vrPA7 pARt:ElJD H~ ~_ M&NIlEI'....n.w.PAMl!l.A :l.t4-=~_1i.A, --"""" ;U4SllllXlIi8lV~o.oIOlW""'Ql.Ol\I4 3MUClIOSIN LOIIN,kliYlI<tJal.IW'l5NM ~IllLW4.Ol.Hl1lROTTO ~aIcma'I''fUIttZ\'tGIO.fIlC;ItT_BUBAN'" :Q4_~C~SUSolH :l.tQlDOl)llJaLOCKDt,lA..Lllool_F :l.t4~MU.III.~ n43SCClO7lllBA.'n!ST1\,~1 UUSllllOTM Sll.w.,1JOIC;:E >>CUlXJCI7.~1l\,RfU'IIV...JJoNETp DUIXllIJa ""'I',lII&RIn'oICl 3243S1lDD712 AA"I'ISIJl'IM..ESIlCA 3lIC_l.AMONT,I",UM:lf"J UCUllIlIlIIZ1 GIICll'ftfO.lIICIMRot&.PAUlANW 32.QS1X1014,~TIl.IlI!IIEl';Q"" D4'J!lIlIOHI AOI9.U,CoIr.RMN!o&,tJE(lllGV..L ~ tliN\wu.w-.lMNA. 32ftSIIOOICIlIl.EOlNICI(.JONl;""'~. 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S213 ""''' FI. 34118 .~ I > .-12 . & < a ~ ~ ~ ~ . g , , a " VANDERBILT TRUST 1989 PUD April S, 200S Page 126 of 163 LOCATED IN SECTION 31. TOWNSHIP 48 S, RANGE 26 E. COLLIER COUNTY, FLORIDA VANDERBILT BEACH ROAD ~ n e>:: c.S ~ o <( o e>:: '-' z :::; ..J :::> Q I l- e>:: o Q e>:: ::;: 896 PINE RIDGE ROAD LOCATiON MAP N.T.S. SUBJECT PROPERTY o <( o e>:: z o l- V> '-' Z ;> :::; Q. GRADY MlNOR & ASSOCIATES, P.A. OVlL&102NEEkS. _LANOSUItWtOlS .~w _!..oIJ<lvsco.nA.kCllITEC'1'J ~5T'lIIIOS . FOk1/olnQ . ~t1HOJ.l' _I'"'''''' IDOI_ ....._ www.GJl.AD.Il..fl.NO)..COM. _"'u.oco......s..." ..........'lI"_........._ ....""..._._....._ If) " W I- <( I- (I') 0:: W I- Z ~ bedtel on I I\) t Y\f\ . 1 D \J) r~ Agenda Item No. 8B April 8, 2008 Page 127 of 163 From: Sent: To: Subject: Vincent Lucas [vplucas@comcaslnet) Friday, october 05, 2007 3:05 PM bedtelyonJ Re: Vanderbilt Trust 1989 CFPUO. PUOZ-A-2007 -AR-11723 To Whom It Is Concerned: We, Vincent p, Lucas & John E. Van Dellen, residents of 3735 Fieldstone Blvd. *903, Naples, FL 34109 do hereby voice our objections to the above-mentioned rezoning request. We did not buy our property in 2000 to be living next door to a nursing home, storage facility or any other "business". This area is residential and if nothinq else, it should be kept that way. Any "business" in our immediate vicinity to the Wilshire Lakes coxmnunity is not in character with the community, plain and simple. We also fear that our property values will go down if this rezoning change is allowed to take place. For those reasons, we oppose this request for rezoning. Further, we are just plain sick and tired of watching any and every available postage- stamp size lot of Southwest Florida upland habitat be bulldozed out of existence, turned into "moonscapes" and then "developed" into yet another shopping mall, gated community, spa, retirement community, golf course or (feel free to add your own choice here), for the whims of avaricious millionaire "wannabes" who have no stake in the community other than to make a killing off of the good folks that live there~ We are also sick and tired of seeing certain narcissistic attorneys in the media defending these greedy developers at the expense of the public who have virtually no say in their communities any more with regard to these developments, since the.Powers That Be rubber-stamp their clients' every request for permits and rezoning. When will it ever stop? What will be left of Native Florida for future generations to enjoy? Something needs to change. We fully support the Florida Hometown Democracy movement to get this very issue on the 2008 ballot so that we, the voters, and we, the public community have the final say as to what development WE want in OUR communities. We urge others who feel the same way t( join us. . Sincerely, Vincent P. Lucas John Van Dellen 3735 Fieldstone Blvd. t903 Naples, FL 34109 1 ,-. \~ Agenda Item No. 8B April 8, 2008 Page 128 of 163 ORDINANCE NO. 99- 70 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND OEVELOPMENT CODE WIllCH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS POR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY AMENDING THE OFFICIAL WNING ATLAS MAP NUMBER 8631S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TIlE VANDERBILT TRUST 1989 FOR AN ASSISTED LIVING FACILITY CHILD CARE CENTER AND SKILLED NURSING FACILITY USES' LOCA lEP APPROXlMA lEL Y I MILE EAST OF AIRPORT ROAD (c.i 31) ON THE NORTH SIDE OF VANDERBILT BEACH ROAD (CR 862). IN SECTION 31. TOWNSHIP 48 SOUTIl, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. CONSISTING OF 7.85% ACRES; AND BY PROYlOING AN EFFECTIVE DAlE. WHEREAS, D. Wayne Arnold. of WilsooMiller, Inc., and Kim Patrick Kobza. Esquire, afTreiscr, Kob:ra and Volpe, Chtd., representing The Vanderbilt Trust ~ 1989, petitioned the Board of County Commissioners to change the zoning classification of the herein descnbed real property; NOW. THEREFORE BE IT ORDAINED by the Board of County Commissioners ofCollicr County, Florida: 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 "A" Rural Agricultural 10 "PUD" Planned Unit Development in accordance with The Vanderbilt Trust 1989 PUD Document, attached herelo 85 Exhibit" A" and incorporated by reference herein. The Official Zoning Atlas Map Number 86318, .85 d7scribcd in Ordinance Number 91.102, the Collier County Land Development Code, i5 hereby amended accordingly. SECTION TWO: I~~'~~l\ ~'~ I." 1l'I' ~.,,:, 1\_'-6..~,l).~. \ t>q;",:;~ ~WfG ..~;:~ Clerk ""-:'~II.,~..t.'4,fO CllItl'lllll" -....~gnltut'f on 1,. Approved.. to Form and LesaI Sufficiency This Ordinance shall become effective upon filing with the Department of State. :-i "'''' - '--r>1 ~ PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County~~. ~.dayof <U~"'\~G.Q.. .1999. ~f~: ~ :!! ;::; ~;~ \0 r- BOARD OF COUNTY COMMISSIONERS r-;,18 ~ Irn COLLIER COUNTY. FLORIDA " ~ .. I 00' ..... 2:!~ Y? ~ 0... <:> ", "" BY: p fHA;i.w. r'tl. Ikt. ~,~~t. Mati e M Student AWtant County Attorney Thl. ordl_ fn.d wltli \IMi ~~ry of &"....... OffI>>!I-<e ay of ~. ~ Il?L- end ock.nowl.dgem of that flll~e elwd t of_ , By OotcluryC'- ~lion/PUI).!I9.11/0RDINANCE1 -1- stlll9l>-"J.lI1V." Oll-WARNOLD ......."'.-... O)161-OOOOOO.'Pll[).IU54 THE VANDERBILT TRUST 1989 A PLANNED UNIT DEVELOPMENT Prepared for: THE V ANDERBIL T TRUST - 1989. Amy Turner, Trustee 6625 New Haven Circle Naples. FL 34102 Prepared by: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs. FL 34134 EXHIBIT uA" Date Reviewed by ecpe Dale Approved by Bee Ordinance Number Amendments and Rq>eaI Agend"ltem No. 8B April 8, 2008 Page 129 of 163 Agendq Item No. 8B April 8, 200S Pag.e 130 of 163 TABLE OF CONTENTS Statement of Compliance Section I Property Ownership and Description 1.1: Purpose 1.2. Legal Description J.3. Property Ownership 1.4. General Description of Property Area 1.5. Project Description 1.6. Short Title Section II Project Development Requirements 2.1. Purpose 2.2. General 2.3. Description of the PUD Master Plan and Proposed Land Uses 2.4. Related Project Plan Approval Requirements 2.5. Sales Facilities 2.6. Amendments to PUD Document or PUD Master Plan 2.7. Cornmon Area Maintenance 2.8. Design Guidelines and Standarda 2.9. Provision of Off-site Removal of Earthen Material Section m General Development Regnlations 3.1. Purpose 3.2. Uses Permitted 3.3. Development Standards 5.Ill_S711l7 \1...-. OII-WARNOl.D O)I'7.ooo.ooo_PPUD-I'~~ Section IV 4.1. 4.2. 4.3. 4.4. 4.5;' 4.6. 4.7. 4.8. 4.9. 4.10. 4.11. 4.12. 4.13. 4.14. Exhibit "An c.rn.r.o."..7Yr..,,-W4RIlOUI ",...In>....,_'''...., Agenda Item No. 8B April 8, 200S Page 131 of 163 Development Commitments Purpose General PUD Master Plan Monitoring Report and Sunset Provision Transportation Water Management Utilities Engineering Landscaping Environmental Accessory Structures Signs Polting Places Historic! Archeological PUD Master Plan Agenda Item No. 8B April S, 200S Page 132 of 163 STATEMENT OF COMPLIANCE The development of this project will be in compliance with the planning goals and objectives of CoUier County as set forth in the Growth Management Plan for the following reasons: 1. The project will consist of a maximum of200 Assisted Living Facility (ALF) Units or a combination of up to 180 ALF units and up to 50 Skilled Nursing Care Facility . (SNCF) beds, as well as, ancillary uses. Tbe PUD also provides for lbe development of a child day care center on the 7.85:!: acre site. The property is located in lbe Urban Mixed Use District, Urban Residential Subdistrict Non-residential uses such as ALFs and child care centers are pennitted land uses within this designation. The Collier County Land Development Code permits ALFs, subject to a floor area ratio (FAR) of 0.45. Tbe Vanderbilt Trust 1989 PUD will be developed in accordance witb the FAR requirements oftbe Collier County LDC. 2. The project shall be in compliance with all applicable County regulations including tbe Growth Management Plan. 3. The project will be served by services and utilities as approved by lbe County. 4. The project is compatible with adjacent land uses throngh lbe internal ammgement of structures, the placement ofland use buffers, and the proposed development standards contained herein. 5. All linalloeal develnpment orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. .mM-t'l1llTVor;.II.\VAltNOLP n"6T-...mll-l'Pl1l>-IUI' Agenda Item No. 8B April 8, 200S PagB 133 of 163 STATEMENT OF COMPLIANCE The development of this project will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan for the following reasons: 1. The project will consist of a maximum of200 A.sisled Living Facility (ALF) Units or a combination of up to 180 ALF units and up to 50 Skilled Nursing Care Facility '(SNCF) beds, as well as, ancillary uses. The PUD also provides for tbe development of a child day care cenler on the 7.85:t acre site. The property is located in the Urban Mixed Use District, Urban Residential Subdistrict. Non-residential uses such as ALFs and child care centers are permitted land uses within this designation. The Collier County Land Development Code permits ALFs, subject to a floor area ratio (FAR) of 0.45, The Vanderbilt Trust 1989 PUD will be developed in accordance with the FAR requirements ofthe Collier County LDC. 2. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 3. The project will be served by services and utilities as approved by the County. 4, The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 5. All finalloeal development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. _........"""""" "U....AR><OLD ft\lP~__ID_"IS< : Agenda Item No. 8B April 8, 2008 Pag" 134 of 163 I-I SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSF: The purpose of tbis 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 The Vanderbilt Trust 1989 PUD. 1.2. LF:GAL DF:SCRlPTION The West y, of the South y, of the Southeast V. of the Southwest V. of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the south 150 feet thereof, consisting of 7.85! acres. 1.3, PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of The Vanderbilt Trust- 1989, Amy S. Turner. Trustee. 1.4. GENF:RAI, DESCRIPTION OF PROPERTY AREA A. The 7.85:1: acre site is located approximately 1 mile east of the intersection of Airport- Pulling Road and Vanderbilt Beach Road in Section 31, Township 4B South, Range 26 East The vacant property is bordered on the south by Vanderbilt Beach Road (CR 862); on the north by agricultura1lands, zoned A, Rural Agricultural; to the east hy the Wilshire Lakes PUD and on the west by the Bobbin Hollow Equestrian Center, zoned A, Rural Agricultural. B. The zoning classillcation of the subject property prior to the date of this approved'. PUD Document was A, Rural Agricultural. C. The project sito is locatod in Flood Zone .X" accordlnJ to FIRM Map No 120067, ,.~ Panel No. 03gS D, 195 D, 21S D, and 425 D, dated June 3, 1986. 1.5. PROJECT DESCRIPTION The Vanderbilt Trust 1989 PUD is designad to accommodate continuing care facilities including an Assisted Living Facility (ALF), consisting of Independent and Dependent Living Units, as well as a Skillad Nursing Care Facility (SNCF). The PUD also makes a provision for the construction of a child care facility, whether free-standing or an integral component of the ALF facility. The maximum number of ALF units pcnnitted within the W:l1M-fI1l1'J",""a"_"'''''"",.D "".............~I".. Agenda Item No. 8B .April S, 200S Page 135 of 163 1-2 PUD is 200. A maximum of 50 SNCF beds may be constructed within the PUD; however Ihe ability to construct up to 50 SNCF beds in combination wilh Ihe ALF shall require a subsequent reduction in the number of ALF units. ALF and SNCF facilities shall be defined as those facilities described in Sections 400.402 and 400.407. F.S., respectively and Division 6 of the Collier County Land Development Code. The project will also include ancillary support medical, nursing. and retail dispensary services to the ALF and SNF uses. The permitted child day care facility shall be constructed in compliance with the Collier County Land Development Code and applicable provisions of The Vanderbilt Trust 1989 PUD. 6tUIM........v.,DIl_W....N(lLD 1Il"'...........-mII>lnJl Agenda Item No. 8B April 8, 2008 Page 136 of 163 1-3 1.6. SHORT Tm.E This Ordinance shall be known and cited as the "The Vanderbilt Trust 1989 Planned Unit Development Ordinance." OI2"l....-'7W1Ver:ltU.W....NOLIl ml.T.........'_Jl)-I.,,~ Agenda Item No. 8B April 8, 200S Page 137 of 163 2-1 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 Regulations for development of The Vanderbilt Trust 1989 POO shall be in accordance with the contents of this Planned Unit Development District document and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of development order approval. Where this POO Ordinance does not provide development standards, then the provisions of the specific section of the LDC in effect at the time of issuance of any development order to which said resulation relates shall apply. A. Unless otherwise noted. the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. B. All conditions imposed and all graphic material presented depicting restrictions for the development of The Vanderbilt Trust 1989 POO shall become part of the resulations which govern the manner in which the POO site may be developed. C. Unl... modified, waived or excepted by thi. POO, tlte proviaiDDl of any other sections of tlte Lond Developmont Code, where applicable, remain in full farce and effect with respect to the development of lite land whieh comprises this POO, .,..-.... D. Development permitted by tlte spproval af this Petition will b. aubjeet to & concurrency review under the provisions of Division 3.1 S, Adequate Public Facilities, af tbe Land Development Code, at the earliest or nextta occur of eitlter final SDP approval, final plat approval, or building permit issuone. applicable to tbia development. ~""'7V_..,~..""NOu> .'''''_'''",-,,"1D-''"'''' Agenda Item No. 8B April 8, 200S Pag'e 138 of 163 2-2 2.3. DESCRIPTION OF THF: PUD MASTF:R PLAN AND PROPOSF:D LAND lISF:S A. The PUD Master Plan, which indicates projcet access points, internal circulation and land development envelopes, is illustrated graphically by Exhibit "A", PUD Master Plan. B, The specific location and size of individual tracts and the assigmnent of square footage or units shall be detennined at the time of C01Ulty development approval. Changes and variations in building tracts, location and acreage of these uses shall be permitted at time of County development approval to accommodate utilities, topography, vegetatio~ and other site and market conditions. subject to the provisions of Section 2.7.3.5. of the Collier County LOC. C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public) shall be established within or along the various tracts as may be necessary. 2.4 RELATED PROJECT PI ,AN APPROVAL REOUlREMF:NTS A. Prior to the recording of a Record Plat, andlor Condominium Plat for all or part of the PUD, 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. &I11_,'lJll'lVOrllll.........NlJLlI 'nI67...........I'PutHllSl Agenda Item No. 8B April 8, 200S Page 139 of 163 2-3 B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, 8 Preliminary Subdivision Plat, if applicable. sball be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance '. with Division 3.2 of thc Collier County Land Development Code, and the platting laws ofthc State of Florida. C. The provisions of Division 3.3 ofthe Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 SALES AND CONSTRUCTION OFFICES Wet or dry temporary offices used for sales functions and/or construction offices and their support facilities shall be permitted uses in conjunction with the promotion and dcvelopment of The Vanderbilt Trust 1989 PUD. These nses shall be subject to the requirements of Section 2.6.33.3, Section 3.2.6.3.6 and Division 3.3 of the Collier County Land Development Code. 2.6 AMENDMFNTS TO PUD DOCUMENT OR PUD MASTER PI.A N The PUD Master Plan is designed to be flexible with respect to locations of buildings and water management facilities, Final designs shall be consistent with all development stondords contained in this PUD document, includinll buildinj hoillht and minimum yarda. The Planning ServiCOl Directnr shall bo authorized to approve. . minor changes to the PUD Master Plan upon written request: .---) 1. Reconfiguration of lakes, ponds or other water management features where changes are consistent with the criteria of the South Florida Water Management District andlor Collier County. 2. Internal realigmnent of rights-of-way or driveways. 3. Reconfiguration of ALF/SNCF development envelope where propooed change does not reduce proposed buffers or preserve areas. ..-n'"-"lO'l"""a'I.WIUlICll-D o"M-mII_Pl"U[).l.,.. Agenda. Item No. 8B April 8, 2008 Page 140 of 163 2-4 Other amendments may be made to the PUD master plan as provided in the Collier Land Development Code, Section 2.7.3.5. County 2.7 ASSOCIATION OF PROPERTY OWNF.RS FOR COMMON AREA , MAINTENANCE Whenever the developer elects to create land area andior amenities whose ownership and maintenance responsibility is a common interest of all of the subsequent purchasers of property within said development in which the common interest is located, lhat developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include a provision for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the CoUier County Land Development Code, Section 2.2.20.3.8. 2.8 DESIGN GUIDELINES AND STANDARDS The Vanderbilt Trust - 1989 PUD will feature an integrated and compatihle architectural building style. Where multiple buildings are constructed within the PUD. all buildings shat! be conslructed using like exterior building materials and primary color palate, while retaining a common architectural building style. 2.9 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl. The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is permitted. Off-site disposal of this material is also pennitted subject 10 the following conditions: I. Excavation activiti.. ~hall comply with the definition of a "development excavatl...... purauant to SOCtiDll 3.'.'.1.3 of the Land Development Code whereby off-sile removal shall bo limited to 10% of the total up to a maximum of 20,000 cubic yards. f........ 2. All other provisions of Division 3.5. are applicable. ~11>lIT__al~WAa/llllUl .11..'...".......,.PUlMllU Agenda Item No. 8B April 8, 200S Page 141 of 163 3-1 SECTION III DEVELOPMENT REGULATIONS 3.1 .' PURPOSE The purpose of this Section is to identify the pcnnitted uses and development standards for ALF/SNCF and ancillary uses that will be applied to the development areas so designated on Exhibit "A", 3.2 USES PERM1TI'ED A maximum of 200 ALF units. or a combination of up to 180 ALF units and a maximum of 50 SNCF beds may be constructed within The Vanderbilt Trust 1989 PUD, The PUD shall also pennil the construction of a child care facility, whether free-standing or integral to the ALF facility. ALF and SNCF uses shall be those defined under Sections 400.402 and 400.407 F.S., respectively and Division 6 of the Collier County Land Development Code. Permitted uses. 1. Assisted living facilities and including skilled nursing care facility, subject to the requirements of Section 2.6.26 of the Collier County Land Development Code. 2. Child Day Care Services (8351) Uses accessory to pennitted uses. 1. Accessory retail/penlonal service facilities such as sundxy shop, concierge service, gid shop, cafeteria, hairdresser, dxy cleaning, florist. home health care services and other similar uses Intcrna1lzcd within primary care structure. 2. Medical support facilities including physician offices and nUISing staff. 3. Child Day Care Services. 4. Customary accessory uses and otru_ includina covered parking, IIld lndoor and outdoor recreation facilities, boardwalks, gszebos and nature trails. ~'v.or.~I"W"'>IOlD (I),".......'.ff'lF[).IU" 3.3 DEVEI,OPMRNT STANDARDS OiIl._SJlQ1V,<OIl_W,u1'iOUl G'I"~rll$4 Agenda Item No. 8B April S, 200S Pag~ 142 of 163 3-2 The following developmenl standards shall apply 10 all pennilled and accessory uses. Fronl: 1. Minimum Yard Requirements: Side: East Wesl Rear: Thirty-five feet (35') for one and two slory slIUctures. Fifty feel (50') for slIUctures exceeding two slories in height One hundred feel (lOa') 25 feet, excepl that accessory slIUctures may he constructed a minimum of fifteen feel(15') from the PUD boundary. Twenty-five (2S') feet, except that accessory structures may be constructed a minimum of fifteen feet (15 ') from the PUD boundary 2. Maximum Bldg. Height: Three (3) habitable floors Agenda Item No. 8B ,April 8, 200S Page.143 of 163 4-1 SECTION IV DEVELOPMENTCOMNUTMENTS 4.1. , PIJRPOSF, The purpose of this section is to set forth the development commitments for the development ofthe project. 4.2. GENER i\I , All facilities shall be constructed in acconlance with Final Site Development PlllllB, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2, shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall follow the Master PlBIl and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is also subject to any commitments within this agreement. 4.3. PlJn MASTER PI,AN A. Exhibit "A" PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract. Jot or land use houndaries shall not be construed to be final and may be varied at any subsequent spproval phaie such as final ploWn. or 1110 dovolopmont plan application. Amo_onll Ihall bo. pmnitted aubjoct to tho provisioDl of Soction 2.3 and 2,6 of this PUD dOCUUlOllI, . and Section 2.7.3.5 of the Land Development Code. ,. B. All _Ill')' euomOllll, dedleallona, or other iDllnlmOllIl Iball bo srantocl to insure the continued operation lIIld maintenance of all service utilities and all common areas in the project. 4.4. MONITORING REPORT AND SUNSET PROVISION A. The Vanderbill Trust 1989 PUD shall be &UbjectlO the Sunset Provisiona of Section 2.7.3.4 of the Land Development Code. ~m61Vcr:Oll-WAaNO\..D ".....,..--,. OJlfo7.alD.OOO.PPUD-IIU' ~ .. Agenda Item No. 88 April 8. 2008 Page'144 of 163 4-2 B. An annual monitoting report shall be submitted pU!SU811t 10 Section 2.7.3.6. of the Collier County Land Development Code. 4.5. TRANSPORTATION A. Primary site access shall be from Vandemilt Beach Road and shall be consistent with the County's Access Management Policy, Resolution 92-422, as amended. The project access point to Vanderbilt Beach Road as shown on the PUD Master Plan, Exhibit A, is conceptual and the actual project access point shall be located in accordance with the Countyts Access Management Policy. B. The developer shall be responsible for the installation of srterial level street lighting at all project entrances prior to the issuance of any certificates of occupancy. C. Road impact fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. . D. The property owner shall reserve for additional Vanderbilt Beach Road Right-of- Way, an area fifteen feet (IS') wide along the south property boundary. This reservation shall be considorod as compensating tight-of-way to provide roadway and drainage related improvements as psrt of the futuro Vanderbilt Beach Road four-Ianing project. The dedication shall be eligible for impact fee credits and shall be granted pursuant to hopact Fee Ordinance, 92-22. Compensating R.O.W. for purposes of site~relatcd impacts soutb as deceleration lanes shall not be eligible for impact fee credits. The reforcnced tight-of-way reservation shall be transferred to Collier County in fee .imple title with 60 days of written request by Collier County. 4.6. W,l.TERMANAGEMF.NT '. -'''''''V..,III.''''IlNOLD ""l~'-""'m.n.ln" The development of this PUD Mast.. Plan shan be subject to and governed by the following conditions: A. In sccordanoe with tho rules of the South Florid. Water Management Distrlot (SFWMD), Chapter 4OE-4 and 4OE-40, this project shall b. designed for a stann event of a 3-day duration and 2S-year rotum frequency. B. Drainage outfall .haIl be designed for discharge to the Airport Road Canal, via the Vandelbilt Beach Road right-of-way. C, Detailed wa"" management plaoa including outfall locations .haI1 be submitted at the time of site plan review. Agenda Item No. 8B April 8, 2008 Page 145 of 163 Q GRADY MINOR 941 947 0375 10/14 '99 11:56 "0.761 03/03 4.7. urJLlnES The development of this PUD Master Plan sball be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission systems sball be constructed throughout Ibe project by the developer at no cost to Collier CO\D1ty and the Stale of Florida. Potable waler and sllllitary sewer fiu:l1lties constructed within platted rights-of-way or within dedicated County utility easementa, required by the County, shall be conveyed to the County for ownership, operation and maintenance pursuant to Collier County Ordinance No. 97-17, as amended and all StBl:e and Federal regulations and adopted policies in effect at the time of conveyance. AU potable walt:< and oanltsry sewer facilities constructed on private property and not required by Ibe CO\D1ty to be located within County utility easements shall be owned, opeI8lod and maintained by the developer, his assigns or successors. B. All customers conneeting to the potable wale: distribution syste:n sball be customers of the County and shall be billed by the County in oceordanco with the CountY's establisbed rstcs. C. Collier County shall USIIlDO ownership and maintt:nancc responsibility for any lift ststion required to serve The Vandel:bilt Trust 1989 PUP, should such lift station a1so be designed to serve adjscen1sile(s). . 4.8. ENGlNEERlNG A. Design and construetinn of all improv<ments shall be subject to compliance with the appropriate provisiOllll of the Collier County Land Dovelopmcmt Code, Division 3.2. 4., B. Work within Collier County right-of-way shall meet the requiremomts of the Collier County Right-of- Wey Ordinance No. 93-64, as am.ended. LANDSCAPING A. All requ1recIl.n~~1pO bu:fI'en oba1I be in ~ with SectIon 2.4.7.4. oftbJI Co1lle.t CoUDty Land Development Code. except that minimum buffer widtba oball be ~ with tboto oboWll 011 ~ PUP _ pi.... ExbIbit A. B. The OBStem-moat ,.....,oope but'for shall consiet of retslDed Dati.... vegetatioll to the greatest extent possible and sball be a minimum of thirty feet (30') in width as shown on the PUD Master Plan, llxbibit A. In sddiilOll, any exotic vegetation removed &om the eulm1-most buffer shall be repl~ with native vegetation wbicb will ol!ain an opacity oqual to the removed exotic vegetation. " Agenda Item No. 8B April 8, 2008 Pagec146 of 163 ,-' 4-4 4.10. ENVIRONMENTAl. A. 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 sitc plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within conservation/preservation areas. B. Permits or lelters of exemption from the U.S. Army Corps of Engineers (ACOE) and thc South Fiorids Water Mansgemeut District (SFWMD) shall be presented prior to final site plan/constructiou plan approval. C. Petitioner shall retain a minimum of 15% of the POO of the native vegetation on site as required by Section 3.9.5.5.4 of the Collier County Land Development Code. 4.11. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with Dr following the construction of the principal structure(s). Temporary offices to be used for sales functions and/or construction offices may be constructed prior to the construction of principal structures. 4.12. ~ All signs sball be in accordance with Division 2.5 of the Land Development Code. 4.13. POI.J .TNG PI ,...~.~ Purouant 10 Section 2.6.30 of the Land Development Code, at the written request of' . the Collier County SUporvilOI of Elections, provisiODl shall be made for the future use of building space within common areas fur the pwpo..s of accommodating the function of an electoral pollinS place. 4.14. H1STORICAIJARCHAW.OI.OGICAI. The subject proporty is locsted outside an ares of historic/archeological probability 8I1d therefore i. granted a waiver pUfllusnt to Section 2,2.25,3.10 of the Collior County Land Dcvelopment Code. If durins the coUflle of site clearing, excavation or other consbuction activity. a historic or archaeological artifact or indicator i. found, the dcveloper shall invoke the procedures u established in Section 2.2.25.8.1 of the Collier County L8I1d Development Code. ,;n~v.r.OIl.wMNOl.D m'47..............,un...nR '. ~I ~ . ~ ~ I IJ lttmm 3 I l I I I " ! ! II ~ I i 2 ~~ . I ! ~_. ~i! ~m i~ "!J1 ~1lI of' . ~ ; ! ~. I i VailE WIOmlIIIIII1IIl.lr VIIIIIIIII11 1IillilII P\J[) w.sTEl'l PLAN ~fcrI""'llndwbl:TnlII" EXHIBIT "A" .'-',"'.J",,""~, ~~ j ! I WJ...~ -_.......-- -.. -.--.-.-.- ---......--- --...-.-- Agenda'llem No. 8B April 8, 2008 . Page 147 of 163 ,;; Agenda Item No. 88 Apr~ 8, 2008 Page: 148 of 163 -.' ",' ~ . . 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: -:;;, ~~ '$ -1\ ;;:~ '?> - 7":"; :.,....4 ~ ":t-~ _ \ Which was adopted by the Board of County Commissioners on ~ t1\ y~~~ -: ~ <::'0 ~ '-' -<>"" u> r- ffl ,. 0'-' _ -a~ 0 WITNESS my hand and the official seal of the Board of County ~~ ORDINANCE NO. 99-70 12~. day of October, ~999, during Regular Session. commissioners of Collier County, Florida, this 13th day of October, 1999. ".."'",'.''''''''''' DWIGHT E. BROCK ......,,~,_}.,~,:E/:T...~.,;:'~'II,F Clerk of Courts and Clerk _:-.,~< ,-':":\~-':"'~,'_\;;.:b{..:~\ Ex-officio to Board of /" c:. .:~~:,\:lt.?)_ ,;~>:-.._.:;;. ~ i i - ." '-". ,~- County Carom ss oners E .~-~!, ~'i"::. :~::;:-.:i~'.;'t:' ~ . \{\ ,~ ~ oeJi$:;<t,"2!li>\:/!/ j ~i.'u.......~. ~ ._-;.~.r;Y:"v.~'l ,:..:'~.'o<>~ By: ~~~~~ gie~~ker, . --"':::;'~:i?~..r?::;~::/' Agenda Item No. 88 April 8. 2008 Page 149 of 163 RESOLUTION NO. 05 - 80 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.I3.D OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE NUMBER 99-70 KNOWN AS VANDERBILT TRUST 1989 PUD, EXTENDING THE CURRENT PUD APPROVAL TO OCTOBER 12, 2006, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Vanderbilt Trust 1989 PUD, Ordinance Nwnber 99-70 adopted on October 12, 1999 is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and ' WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD extension petition, identified as PUDEX-2004-AR-6630, filed by Wayne Arnold of Q. Grady Minor and Associates, P,A., representing Arny Turner, Tammy Turner Kipp and BRT Coastal Investments, requesting an extension of the Vanderbilt Trust 1989 PUD per LDC Section 10.02.D.6. of the LDC and has determined to extend the current PUD Zoning for two (2) years, or until October 12,2006. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: I. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Subsection 1O.02..D.6. ofthe LDC. 3. Pursuant to said Subsection ofthe LDC, the current PUD approval is hereby extended to October 12, 2006. This Resolution is effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. . . Agenda Item No. 88 April 8, 2008 Page 150 of 163 . Done this ;;>5t{,yor kMZJ20050 ,ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ." "', I~' D uty rtrf t~";~' !;~~~-t:"~I: > Attest::I~t6;:,/jjJe(~:" ~ ~ I t",- ~. -1 ~...~-, ~,t, . ~ . s \lDa~':f:?;.,.,1Y'~l~~Jil5~ ....,~'.' . ApproYed.:~~'Ii:p.rm.lll!~~gal Sufficiency: . ".:!.:,;'.i,~i.._ ~_"S1l3t~~,J, ." . : .;: ..; ";.;':, ~', .. BY: ~W~ FRED W. COYLE, C -1'1'\, . ~'..-<.111. ~~. MaIjorie. . Student . Assistant County Attorney Agenda Item No. 88 April 8, 2008 Page 151 of 163 From: Vincent Lucas [vplucas@comcast.net] Sent: Friday, October 05, 2007 3:05 PM To: bedtelyon 1 Subject: Re: Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-11723 To Whom It Is Concerned: We, Vincent P. Lucas & John E. Van Dellen, residents of 3735 Fieldstone Blvd. #903, Naples, FL 34109 do hereby voice our objections to the above-mentioned rezoning request. We did not buy our property in 2000 to be living next door to a nursing home, storage facility or any other "business". This area is residential and if nothing else, it should be kept that way. Any "business" in our immediate vicinity to the Wilshire Lakes community is not in character with the community, plain and simple. We also fear that our property values will go down if this rezoning change is allowed to take place. For those reasons, we oppose this request for rezoning. Further, we are just plain sick and tired of watching any and every available postage-stamp size lot of Southwest Florida upland habitat be bulldozed out of existence, turned into "moonscapes" and then Ildeveloped" into yet another shopping mall, gated community, spa, retirement community, golf course or (feel free to add your own choice here), for the whims of avaricious millionaire I'wannabes" who have no stake in the community other than to make a killing off of the good folks that live there. We are also sick and tired of seeing certain narcissistic attorneys in the media defending these greedy developers at the expense of the public who have virtually no say in their communities any more with regard to these developments, since the Powers That Be rubber-stamp their clients' every request for permits and rezoning. When will it ever stop? What will be left of Native Florida for future generations to enjoy? Something needs to change. We fully support the Florida Hometown Democracy movement to get this very issue on the 2008 ballot so that we, the voters, and we, the public community have the final say as to what development WE want in OUR communities. We urge others who feel the same way to join us. Sincerely, Vincent P. Lucas John Van De11en 3735 Fieldstone Blvd. #903 Naples, FL 34109 r ORDINANCE NO, 08-_ AN ORDINANCE OF TIiE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, TIiE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES TIiE COMPREHENSIVE WNING REGULATIONS FOR TIiE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING TIiE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING TIiE WNING CLASSIFICATION OF TIiE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) FOR A PROJECT TO BE KNOWN AS TIiE VANDERBILT TRUST 1989 CFPUD, TO AlLOW DEVELOPMENT OF A MAXIMUM OF 200 ASSISTED UVlNG, CONTINUING CARE RETIREMENT COMMUNITY, NURSING HOME, RETIREMENT COMMUNITY AND/OR INDEPENDENT LIVING FACILITY UNITS FOR PERSONS OVER TIiE AGE OF 55, TO BE DEVELOPED AT A MAXIMUM 0,6 FLOOR AREA RATIO, FOR PROPERTY LOCATED ON TIiE NORm SIDE OF VANDERBILT BEACH ROAD (CR 862), APPROXIMATELY 1/4 MILE EAST OF LNINGSTON ROAD (CR 881), IN SECTION 31, TOWNSHIP 48 SOUTH, AND RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.B% ACRES; PROVIDING FOR TIiE REPEAL OF ORDINANCE NUMBER 99-70, TIiE FORMER VANDERBILT TRUST 1989 PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Wayne Arnold, of Q. Grady Minor & Associates, Inc., and Richard D. Yovanovich, of Goodlotte, Coleman, and Johnson, P.A., representing Amy S, Tomer and/or Tammy Turner Kipp, petitioned the Board of County Commissioners to change the zoning classification of the heroin described real property, NOW, THEREFORE, BE IT ORDAINED BY TIiE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA !bat: SECTION ONE' The zoning classification of the herein described real property located in Section 31, Township 48 South, Rang. 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 accordanoo with Exhibits A- H, wbicb are attached homo and which are incorporated herein and by reforenoo made psrt (1-29-08) Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-II723 Page I of2 Agenda Item No. 88 April 8, 2008 Page 152 of 163 haroot The appropriate zoning atlas map or maps, as described in 0rdi.aaDce Number 04-41, as amended, tho Collier County Land Development Code, islue hereby amended accordingly. SECTION TWO: 0rdi.aaDce Number 99-70, kDown as the Vanderbilt Trust 1989 PUD, odopted on October 12, 1999, by tho Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION lHRF.E: This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by . super-majority vote of the Board of County Commissioners of Collier County, Florida, Ibi. _ day of ,2008, ATTEST: DWIGHT E, BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency ~~ Ma.:iorie M. Student-Stirling . Assistant County Attorney PUDZ-A.JOO7-AJl.ll n3JKD1lp Exhibit A: List of Allowable Uses Exhibit B: Dovclopment S1aodards Exhibit C: Master Plan Exhibit D: Legal Dosctiption Exhibit E: List of Deviations with Justification Exhibit F: List of Developer Commitments Exhibit G: Landscape Buffers Exhibit H: Alternative Landscape Plan (1-29-08) Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-11723 Page 2 of2 Agenda Item No. 88 April 8, 2008 Page 153 of 163 EXHIBIT A FOR VANDERBILT TRUST 1989 CFPUD Agenda Item No. 88 April 8, 2008 Page 154 of 163 PERMITTED USES: A maximum of 200 units may be developed for assisted and independent living units for persons aged 55 and over. nursing home units, retirement community or continuing care retirement communities. 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, physical fitness facilities, meeting rooms and other personai 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. 2. There shall be on-site dining for the residents. PUD Document 3-10-08 (2) MMSS revisions (2).doc Page 1 of 10 VBRCPUD Agenda Item No. 86 April 8. 2008 Page 155 of 163 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services shall be proved 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 abie to age-in-place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms 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 Documenl3-10-08 (2) MMSS revisions (2).doc Page 2 of 10 VBRCPUD EXHIBIT B FOR VANDERBILT TRUST 1989 CFPUD Agenda Item No. 88 April 8, 2008 Page 156 of 163 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 ACCI!SSOR.'f 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-wav 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- 10ft. Oft. wav /Prooerlv Lines Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN 20 ft. or Y2 sum of building heights. STRUCTURES MAXIMUM HeIGHT , , Zoned Height 4 stories over parking, not to exceed 50 ft. 25 ft. Actual Heiaht 4 stories over oarking not to exceed 62 ft. 35 ft. MAXIMUM FLOOR AREA RATIO (FAR) F.A,R.0.6.. . whichever is greater .. Excluding parking areas under buildings PUD Document 3-10-08 (2) MMSS revisions (2),doc Page 3 of 10 VBRCPUD roco(') ~ "'ow I .o~ I 0"'_ z .0 CO..... I E:CLD .ill 0....... ~~ -<(QJ .~ <tl Ol "0 <tl ~ w, c: D. ~I QJ Ol I <( t ~ ~ ~ ~= l NO ! i i ~ ,... . . . . . . . . . . . . . . . . . . -I- t . . . . . . . . . . . of . . I . . . . . . . r...t--t .___.....'"f,-.-_....!-._._._............~~-, - ........ ......~.I l' I .. ........... .J- - - -~ ',. , . . . . ...:J I l' .'. I . a.. . . . . . . . . I ! f . t. .... .- !. . . . . . . . . I 1. . .' I . . . . . . . .. ~ t . . . . . . . . , . . . . . . . . . . . . . ~ i I I ~ I I I I I I I I I I I I I I ~~ 18 ig ~~ ~~ '. I' - , Ii I! - , I, Ii - i I, I' i' , Ii I! I' - , Ii I! - , I, Ii - i Ii I l..-____ I~ ~ ~ - ,--,--,- -,- -,--,- -' _ -,--, ~.~ ~~~ IiPi~ ill 0{ @ ! i ~ . ~ ~~ NO I ~ 'I I,I...., [l ~ Z " .. ~ '" ~ --- ~ U~ I .. ...~ ~ ffi2 I f:: Z--' X" I .. "'~ '" ~ I ~ ~ I ~ I .. I I ~I I I ": I I ; ~illl I I ~..' . ~ I g~ :!ull I i! "'III · ~ I ~ . I! ,,~ I i~ ~'I' i :;. I "51 I ~~ IiI! 0 o ' 0: S I ~~ I NO C/ . I I I I I I I I I g~ II h ~I m~ ~ h ~> i3 n I .~ h ~~ ~ ~ ~g l~ 0- '0 ~a ~~ .. ~ ~ h m~ ~ ~ ~~ ~g ~ ~ Ii ~ ~~;~ I ~~~ ~ i! .J,,~ II~ lh n ! ~ ~ihm "Ii ! , I I @i~ , i. EXHIBIT D FOR VANDERBILT TRUST 1989 CFPUD LEGAL DESCRIPTION Agenda Item No. 88 April 8, 2008 Page 158 of 163 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 3-10-08 (2) MMSS revisions (2),doc Page 5 of 10 VBRCPUD EXHIBIT E FOR VANDERBILT TRUST 1989 CFPUD DEVIATIONS Agenda Item No. 88 April 8, 2008 Page 159 of 163 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 I 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. PUD Document 3-10-08 (2) MMSS revisions (2),doc Page 6 of 10 VBRCPUD EXHIBIT F FOR VANDERBILT TRUST 1989 CFPUD LIST OF DEVELOPER COMMITMENTS Agenda Item No. 88 April 8. 2008 Page 160 of 163 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 effect 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 1. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD). current edition. 2. Access points shown on the CFPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan 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 Collier County, shall not be eligible 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/right-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. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health. safety. and welfare of the public. Any such modifications shall be based on, but not limited to. safety. operational circulation, and roadway capacity. PUD Document 3-10-08 (2) MMSS revisions (2),doc Page 7 of 10 VBRCPUD Agenda Item No. 88 April 8, 2008 Page 161 of 163 5. If any required turn 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 to Collier County as a consequence of such improvement{s) upon final approval of the turn 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 Collier 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 Collier County, are determined to be necessary, the cost of such improvements shall be the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's discretion. prior to issuance of the appropriate corresponding CO. 7. The developer shall make a payment in lieu of construction of the sidewalk and/or bike lane provided along the project's frontage on Vanderbilt Beach Road. The payment shall be made in accordance with the LDC and must be paid at the time of site development plan or plat approval. whichever occurs first. B. PLANNING 1. The Vanderbilt Trust 1989 CFPUD shall have an integrated and common building architectural style, Where multiple buildings are constructed within the CFPUD, all buildings shall be constructed using like exterior building materials and color palate. 2, At the time of SDP 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 CFPUD commitments. C, ENVIRONMENTAL 1. A minimum preserve area of 1.18 acres shall be provided at the time of site plan approval. 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