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Agenda 10/08/2019 Item # 9B (Ordinance: Vanderbilt Commons PUD)10/08/2019 EXECUTIVE SUMMARY This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 2005- 19, as amended, the Vanderbilt Commons Planned Unit Development; by removing the requirement that residential dwelling units be located in mixed -use buildings with commercial on the first floor and allowing stand-alone residential buildings; by reducing the density to 53 dwelling units; by revising the master plan; and providing an effective date. The subject property, consisting of 14.49+/- acres, is located on the north side of Vanderbilt Beach Road and approximately 1/4 mile east of Collier Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida. [PL20180003366] (This is a companion to Agenda Item 9.A). OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner proposes to remove the requirement to provide commercial uses on the first floor of mixed-use buildings, thereby allowing stand-alone, residential buildings within the 14.49 acre Vanderbilt Commons MPUD. (See Attachment A-Proposed PUD Ordinance.) The current Vanderbilt Commons MPUD allows up to 200,000 s.f. of commercial uses and up to 58 dwelling units pursuant to Ordinance 17-47. (See Attachment B-Ordinance 17-47.) According to the petitioner, the proposed revisions affect 2.51 acres on lots 5 and 6. (See Attachment C-Cover Letter.) There is a companion Small Scale Growth Management Plan Amendment (GMPA), GMPA- PL20180003372, to remove the text requiring the first floor commercial with upper story residential. There are no changes to the previously approved permitted land uses, development standards, open space, and preserve area. FISCAL IMPACT: The PUD Amendment (PUDA) 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 land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy 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 of the Growth Management Plan as needed to maintain the 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 a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDA and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See attachment: FLUE Consistency Review. 9.B Packet Pg. 44 10/08/2019 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, heard Petition PUDA-PL20180003366, Vanderbilt Commons MPUD on August 15, 2019, and voted 7-0 to forward this petition to the Board with a recommendation of approval subject to the following revisions to the PUD Document: - In residential-only buildings, dwelling units shall be rented for a minimum of 12 months. - In residential-only buildings, garages shall be provided for ground-floor units. - In residential-only buildings, only two and three-bedroom units shall be permitted. Two- bedroom units shall be a minimum of 800 square feet, and three-bedroom units shall be a minimum of 1,200 square feet. - In residential-only buildings, no exterior balconies are permitted. - In residential-only buildings, ground floor patios will be located on the south side of the building. - If all residential is built on Lots 5 and 6, the remaining unbuilt commercial square footage of the Vanderbilt Commons MPUD would not be used beyond that which is permitted as of the effective date hereof, and shall not exceed 175,000 square feet. - There will be a maximum of 53 residential dwelling units for the MPUD. The requested revisions have been made. See attachment: Proposed Ordinance. Letters of objection have been received. Many of the residents who live in the nearby Black Bear Ridge community prefer the currently approved mixed-use commercial/residential building. The residents oppose the proposed single-use residential building. Therefore, this petition has been placed on the Regular Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing Vanderbilt Commons Planned Unit Development (Ordinance No. 2005-19, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments 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 PUD 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. 9.B Packet Pg. 45 10/08/2019 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 as suring 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 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. 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 PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD 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 in 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 cong estion 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. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 9.B Packet Pg. 46 10/08/2019 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 PUD 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.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board 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 Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petit ion PUDR-PL20180001174, Vanderbilt Commons MPUD. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report Van Com - signed 7-18-19 (PDF) 2. Attachment A-Proposed Ordinance - 091219(1) (PDF) 3. Attachment B-Ordinance 2017-47 (PDF) 4. Attachment C-Cover Letter Request Narrative - Prepared (PDF) 5. Attachment D-FLUE Consistency Review (PDF) 6. Attachment E-NIM Synopsis (PDF) 7. [Linked] Attachment F-Petition and Letters of Objection.pdf 8-12-19 (PDF) 8. [Linked] Attachment G-Application.pdf 7-3-19 (PDF) 9. Legal Ad - Agenda ID 9777 (PDF) 9.B Packet Pg. 47 10/08/2019 COLLIER COUNTY Board of County Commissioners Item Number: 9.B Doc ID: 9777 Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 2005-19, as amended, the Vanderbilt Commons Planned Unit Development; by removing the requirement that residential dwelling units be located in mixed-use buildings with commercial on the first floor and allowing stand-alone residential buildings; by reducing the density to 53 dwelling units; by revising the master plan; and providing an effective date. The subject property, consisting of 14.49+/- acres, is located on the north side of Vanderbilt Beach Road and approximately 1/4 mile east of Collier Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida. [PL20180003366] (This is a companion to Agenda Item 9.A). Meeting Date: 10/08/2019 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 08/20/2019 2:10 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 08/20/2019 2:10 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 08/20/2019 4:15 PM Zoning Ray Bellows Additional Reviewer Completed 09/03/2019 8:43 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/03/2019 9:24 AM Growth Management Department James C French Deputy Department Head Review Completed 09/04/2019 4:45 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 09/18/2019 9:48 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2019 11:30 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/24/2019 2:22 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/24/2019 3:55 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/29/2019 7:42 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/08/2019 9:00 AM 9.B Packet Pg. 48 9.B.1Packet Pg. 49Attachment: Staff Report Van Com - signed 7-18-19 (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.1Packet Pg. 50Attachment: Staff Report Van Com - signed 7-18-19 (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.1Packet Pg. 51Attachment: Staff Report Van Com - signed 7-18-19 (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.1Packet Pg. 52Attachment: Staff Report Van Com - signed 7-18-19 (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.1Packet Pg. 53Attachment: Staff Report Van Com - signed 7-18-19 (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.1Packet Pg. 54Attachment: Staff Report Van Com - 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091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 82 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 83 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 84 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 85 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 86 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 87 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 88 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 89 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 90 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 91 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.2 Packet Pg. 92 Attachment: Attachment A-Proposed Ordinance - 091219(1) (9777 : PL20180003366-Vanderbilt Commons PUD) ORDINANCE NO. 17 - 4 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2005-19, THE CAROLINA VILLAGE PLANNED UNIT DEVELOPMENT BY CHANGING THE NAME OF THE PLANNED UNIT DEVELOPMENT TO VANDERBILT COMMONS PUD; BY ADDING 50,000 SQUARE FEET OF GROSS LEASABLE AREA FOR A TOTAL OF 200,000 SQUARE FEET OF GROSS LEASABLE AREA FOR COMMERCIAL USES; BY DECREASING THE MAXIMUM NUMBER OF DWELLING UNITS FROM 64 TO 58 DWELLING UNITS; BY REVISING THE LEGAL DESCRIPTION AND REDUCING THE ACREAGE OF THE PUD FROM 15.88 ACRES TO 14.49 ACRES; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 15.8+/- ACRES, IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 1/4 MILE EAST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. IPUDA-PL201500021661 WHEREAS, on April 26, 2005, the Board of County Commissioners approved Ordinance No. 2005-19, which established the Carolina Village Planned Unit Development (PUD); and WHEREAS, Frederick Hood, AICP of Davidson Engineering, Inc. representing Vanderbilt Commons, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2005-19, the Carolina Village PUD, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to the PUD Document attached as Exhibit A to Ordinance Number 2005-19, formerly the Carolina Village Planned Unit Development. The PUD Document attached as Exhibit A to Ordinance Number 2005-19, formerly the Carolina Village Planned Unit Development, is hereby amended and replaced with the PUD Document attached hereto as Exhibit A. 16-CPS-01577/1375824/1]243 Page 1 of 2 Vanderbilt Commons/PUDA-PL20150002166 11/3/17 9.B.3 Packet Pg. 93 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2017- ={'3 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this I , day of C e 1 b; 2017. 1,0 ,'ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLI 'NTY, FLORIDA By: Attest as to Qbapaurtslerk PE Or AYLOR ,irman tj k signature only. Approved as to form and legality: 4 N A H idi Ashto LL1 1 Managing Assistant County Attorney Attachment: Exhibit A—PUD Document (including Revised Master Plan) This ordinance filed with the Secretary of State's Office 1 1§t"day of ,e-nkk;"--- _" and 1Sof thatd+`` filing received this _----ay afD Byr Deputy , 1`" 16-CPS-01577/1375824/1]243 Page 2 of 2 Vanderbilt Commons/PUDA-PL20150002166 11/3/17 9.B.3 Packet Pg. 94 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) VANDERBILT COMMONS A MIXED USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CAROLINA VILLAGE VANDERBILT COMMONS MIXED USE PUD, A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. PREPARED FOR: WILLIAM L. HOOVER CATALINA PLAZA, LLC 3785 AIRPORT ROAD N., SUITE 8 1 NAPLES, FLORIDA 34105 VANDERBILT COMMONS, LLC 2950 TAMIAMI TRAIL NORTH NAPLES, FL 34103 GEORGE VUKOBRATOVICH AS SUCCESSOR TRUSTEE OF THE VANDERBILT COMMONS I LAND TRUST DATED 8/1/16 C/O WELSH COMPANIES FL, INC. 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 MIDGARD SELF-STORAGE NAPLES, LLC 1905 WOODSTOCK RD, BUILDING #900, SUITE #9100 ROSWELL, GA 30075 VANDERBILT COMMONS OWNER'S ASSOCIATION, INC. C/O WELSH COMPANIES FL, INC. 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 PREPARED BY: RICHARD D. YOVANOVICH GOODLETTE, COLEMAN &JOHNSON, P.A. 1001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 and Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words-struck through have been deleted Exhibit A 9.B.3 Packet Pg. 95 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) NORMAN J. TREBILCOCK, P.E., AICP Q. GRADY MINOR & ASSOCIATES, INC. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and 1 1 _ /11111 ? HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B 1 NAPLES, FLORIDA 31105 FREDERICK E. HOOD, AICP DAVIDSON ENGINEERING 4365 RADIO ROAD, SUITE 201 NAPLES, FLORIDA 34104 and R. BRUCE ANDERSON CHEFFY PASSIDOMO, P.A. 821 5TH AVENUE SOUTH NAPLES, FLORIDA 34102 DATE FILED August 9, 2004 DATE REVISED April 9, 2005, October 6, 2017 DATE REVIEWED BY CCPC April 7, 2005, October 5, 2017 DATE APPROVED BCC April 26, 2005, December 12, 2017 ORDINANCE NUMBER 2005-19 AMENDMENTS AND REPEAL Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 9.B.3 Packet Pg. 96 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5.6 SECTION III MIXED USE AREA PLAN g9 SECTION IV PRESERVE AREA PLAN 4-417 SECTION V DEVELOPMENT COMMITMENTS 1518 Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted ii 9.B.3 Packet Pg. 97 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) LIST OF EXHIBITS AND TABLES EXHIBIT"A" PUD MASTER PLAN/UTILITIES/WATER MANAGEMENT PLAN EXHIBIT"B" CROSS SECTIONS FOR PUD MASTER PLAN EXHIBIT"C" CAROLINA VILLAGE VANDERBILT COMMONS LEGAL DESCRIPTION EXHIBIT"D" LOCATION MAP EXHIBIT"E" BOUNDARY SURVEY TABLE I DEVELOPMENT STANDARDS Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted iii 9.B.3 Packet Pg. 98 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) STATEMENT OF COMPLIANCE The development of approximately 15.88 ±14.49 acres of property in Collier County, as a Mixed Use Planned Unit Development to be known as Carolina Villagc Vanderbilt Commons Mixed Use PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial and residential facilities of the Carolina Village Vanderbilt Commons Mixed Use PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the 14.49-Acre Expansion Area of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict land use designation,as identified on the Future Land Use Map-and as described in the Vanderbilt Beach/Collier Boulevard Commercial Sub-District of the Urban -Mixed Use District in the Future Land Use Element. The Future Land Use Element permits commercial and residential land uses in this area and this Mixed-Use PUD complies with both the commercial and residential development standards within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Expansion Area. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project is located within the Urban Mixed Use District 14.49 - Acre Expansion Area of the, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, on the Future Land Use Map. The 64 58 proposed units over commercial uses and resultant density of 4.03 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 1 9.B.3 Packet Pg. 99 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 15.88 Acres for a Mixcd Use Prefect Wit-la residential Uses Over Commercial Uses Within the Vanderbilt Bccach/Collier Boulevard Commercial Subdistrict Maximum Permitted Density 16 dwelling units/acre Maximum permitted units, per the Density Rating System of the Collier County Growth Management Plan = 15.88 acres (Expansion Area acreage) 14.49 acres x 16 dwelling units/acre = 251 231 as the maximum number of dwelling units at a maximum density of 46,99 15.94 dwelling units/acre. Requested Maximum Approved dwelling units=64 58. Requested density=4.03 dwelling units/acre. 8. All final local development orders for this project are subject to Division 6.02, Adequate Public Facilities Requirements. of the Collier County Land Development Code. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 2 9.B.3 Packet Pg. 100 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) SECTION PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Carolina Village Vanderbilt Commons Mixed Use PUD. 1.2 LEGAL DESCRIPTION The subject property being 15.88±14.49 acres, is located in Section 34,Township 48 South,Range 26 East, and is fully described on Exhibit "C". 1.3 PROPERTY OWNERSHIP The subject property is owned by: The Vanderbilt Beach Road Land Trust, c/o Mark L. Lindner, Trustee, Naples Realty Services, 1980 N.Tamiami Trail, 2nd Floor, Naples, Florida 34103. The subject property is under purchase contract by: William L. Hoover, President of Catalina Land Group, Inc., as the Manager of Catalina Plaza, LLC, 3785 Airport Road North, Suite B 1, Naples, Florida 34105. Vanderbilt Commons, LLC 2950 Tamiami Trail North Naples, FL 34103 George Vukobratovich, as Successor Trustee of the Vanderbilt Commons I Land Trust dated 8/1/16 c/o Welsh Companies FL, Inc. 2950 Tamiami Trail North,Suite 200 Naples, FL 34103 Midgard Self-Storage Naples, LLC 1905 Woodstock Rd, Building#900, Suite#9100 Roswell, GA 30075 Vanderbilt Commons Owner's Association, Inc. c/o Welsh Companies FL, Inc. 2950 Tamiami Trail North, Suite 200 Naples, FL 34103 Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 3 9.B.3 Packet Pg. 101 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road approximately one-quarter mile west of Collier Boulevard (unincorporated Collier County), Florida. B. The zoning classification of the subject property prior to the date of this approved Mixed Use PUD Document was Rural Agricultural. 1.5 PHYSICAL DESCRIPTION The Project site is located within the Harvey Drainage Basin, according to the Collier County Drainage Atlas.The proposed outfall for the Project is to the Vanderbilt Canal. Natural ground elevation varies from 12.3 to 13.2 NGVO; average site elevation is about 12.6 NGVO. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year. 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge south into the Vanderbilt Canal or discharge north into the Black Bear Ridge Subdivision water management system and eventual southerly discharge into the Vanderbilt Canal. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to:storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment. and wetland hydrology maintenance. Per the Natural Resource Conservation Service Soils Mapping for Collier County dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand. Limestone Substratum. Site vegetation consists predominantly of improved pasture grasses, except a narrow strip of native vegetation along the north property line which is pine cypress-cabbage palm forest. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words,truck through have been deleted 4 9.B.3 Packet Pg. 102 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 1.6 PROJECT DESCRIPTION The Carolina Village Vanderbilt Commons Mixed Use PUD is a project comprised of 15.88±14.49 acres designated for commercial and residential land uses and the commercial uses are limited to a maximum of 150000 200,000 square feet of gross leasable area and the residential land uses are limited to a maximum of€458 dwelling units. The remainder of the square footage may for retail and office land uses and all residential dwelling units shall be located in mixed-use buildings with commercial uses situated on at least the first floor.Commercial and residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering. and native vegetation,whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Carolina Village Mixed Use Planned Unit Development Ordinance" "Vanderbilt Commons Mixed Use Planned Unit Development Ordinance". Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 5 9.B.3 Packet Pg. 103 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project,as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Carolina Villagc Vanderbilt Commons Mixed Use PUD shall be in accordance with the contents of this document, MPUD - Mixed Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Carolina Village Vanderbilt Commons Mixed Use PUD shall become part of the regulations,which govern the manner in which the MPUD site may be developed. D. Unless modified,waived or excepted by this MPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval,or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A. Commercial uses are limited to 15.88 14.49 acres with a maximum of 150,000 200,000 square feet of gross leasable area_ Rfesidential uses are limited to a maximum of 6458 dwelling units and must be located on the second and/or third floors of mixed use buildings with commercial uses on at least the first floor. Carolina Village Vanderbilt Commons Mixed Use PUD is intended to create a pedestrian-friendly atmosphere that encourages area residents to work and shop there and on-site workers to walk to other services, such as having lunch within the project. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words,truck through have been deleted 6 9.B.3 Packet Pg. 104 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) The maximum of 64 58 residential units will not exceed a density of 4.03 units/per acre. The project is shown as 2 tracts, a "North Tract" located north of Carolina Way (the east-west roadway splitting the site) and a "South Tract" located south of Carolina Way. The South Tract is expected to be more retail-oriented with a sit-down restaurant,a bank,and a few residential uses. The North Tract is expected to be more office and service-oriented. The North Tract will likely have both medical and professional offices and some residential uses. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 4.03 Subdivision Design and Layout of the Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 SALES/RENTAL/CONSTRUCTION FACILITIES Temporary sales/rental trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 5.04.04 of the Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code. Section 10.02.13E. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 7 9.B.3 Packet Pg. 105 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words;truck through have been deleted 8 9.B.3 Packet Pg. 106 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) SECTION III MIXED USE AREA PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Mixed-Use Areas as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Mixed Use Areas on the PUD Master Plan are intended to provide a variety of retail uses and office uses,while providing for the opportunity of having residential uses on the second and/or third floor of mixed use buildings,that have commercial uses on at least the first floor.Commercial Areas are limited to a maximum gross leasable area of 150,000 200,000 square feet and residential uses are limited to a maximum of 6458 dwelling units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used,or land used, in whole or part. for other than the following: A. Permitted Commercial Principal Uses and Structures: 1. Amusement and Recreation Services (groups SIC 7911, except dance halls and discotheques, 7922, 7991, 7993 only for indoor video game arcade and indoor coin operated amusement machine. 7999 only for bicycle rental, ice skating rink operation, gymnastics instruction, judo instruction, karate instruction and yoga instruction). 2. Apparel and Accessory Stores(groups SIC 5611—5699 except thrift and or surplus stores). parts dealers, limited to retail sales without any installation). 4. Automobile Parking(group 7521). 63. Paint, Glass, and Wallpaper Stores (group SIC 5231). 64. Business Services (groups SIC 7311, 7313,7323, 7331 —7338, 7361, 7371 — 7379, 7384, 7389 only for service of interior decorating/design, mapmaking, notary public, paralegal service, and Postal Service contract stations). 75. Depository and Non-Depository Institutions (groups SIC 6021-6396091). Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 9 9.B.3 Packet Pg. 107 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 86. Eating Places (group SIC 5812) and Drinking Places (group SIC 5813 only cocktail lounges and on-premise consumption of beer,wine and liquor, in conjunction with a restaurant.) No freestanding food stands and or kiosks are permitted. Drinking Places are subject to the locational restrictions described in Section 2.6.10 5.05.01 of the Land Development Code. a. Lots 5 & 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) shall have the following limitations: i. No outdoor seating shall be permitted; ii. The hours of operation for any eating place shall be limited to 6 a.m.—4 p.m.; iii. Loading and deliveries shall be from the front entrance only; and iv. The consumption of alcohol is not permitted on these Lots. 97. Educational Services (groups SIC 8211 — 848222, 8243 — 8249, 8299 {r}e—regional li aries). 408. Food Stores with 5,000 square feet or less of gross floor area in the principal structure groups SIC 5411—5499). 449. General Merchandise Stores with 5,000 square feet or less of gross floor area in the principal structure (groups SIC 5311 and 5399 except variety stores: single-price point discount, surplus,overstock or liquidation outlets). 10. Hardware stores with 10,000 square feet or less of gross floor area in the principal structure (SIC 5251). 411. Health Services (groups SIC 8011—8049, 8082). 4-812. Home Furniture, Furnishings and Equipment Stores (groups SIC 5712-5736). 4413. Insurance Carriers, Agents, Brokers, and Services with 5,000 square feet or less of gross floor area in the principal structure (groups SIC 6311—6399, 6411). 4514. Legal Services (group SIC 8111). 4615. Membership Organizations (groups SIC 8611, 8621,8644-8661 only for offices related to religious organizations). 4-716. Miscellaneous Repair(groups SIC 7622, 7629, 7631, 7699 kg only bicycle repair, camera repair, locksmiths, luggage repair, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 4817. Miscellaneous Retail (groups SIC 5912, 5921, 5932 {antiques only-p, 5941 — 5949, 5961, 6964, 5992, 5994—5999 (except auction rooms, awning shops, fireworks, flea markets, gravestones, hot tubs, monuments, pawn shops, sales barns, swimming pools, Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words struck through have been deleted 10 9.B.3 Packet Pg. 108 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) tombstones and whirlpool baths).{The sale of swimming pool accessories and supplies is allowable under SIC 5999 but not the sale of swimming pools4. 19. Motion Picture Th aters and Video Tape Rental (groups 7832 7811). 29:18. Museums and Art Galleries (gip SIC 8412). 2-119. Personal Services (group SIC 7212 only dry-cleaning and laundry drop off and pickup stations ery, 7221 — 7251, 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental,massage parlor, and tanning salon). 2220. Professional Offices, Research, and Management Consulting Services (groups SIC 8711- 8743, 8748). 2321. Public Administration (groups SIC 9111 9199, 9229, 9311, 9411 9151 and 9431, 9511 9532, 9611—9661,9221). 2422. Real Estate Agents and Managers (groups SIC 6512, 6531—6552). 2623. Security and Commodity Dealers (groups SIC 6211—6289). 2-624. Social Services (gip SIC 8322 only adult day care services, counseling services, and senior citizens associations, 8351). 2-725. Travel Agencies (group SIC 4724). 2826. Any other use which is comparable and compatible in nature with the foregoing list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by the Board of Zoning Appeals (BZA). Prior to the approval of any uses, the applicant shall provide public notice in addition to an advertisement for the hearing which shall include a neighborhood information meeting, mailings and signage in the same manner as that required for substantial amendments to a Planned Unit Development. B. Permitted Residential Principal Uses and Structures: 1. Multi-Family dwellings. 2. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals (BZA). C. Accessory Commercial Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Drinking Places (group 5813 only cocktail lounges and on premise consumption of beer, wine, and liquor in conjunction with a restaurant). Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 11 9.B.3 Packet Pg. 109 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 32. Caretaker's residences subject to Section 5.03.05 of the Collier County Land Development Code. D. Accessory Residential Uses: 1. Customary residential accessory uses and structures including carports, garages, and storage buildings. 2. Recreational. uses and facilities including swimming pools, hot tubs, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, clubhouse, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Carports are permitted within parking areas. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 12 9.B.3 Packet Pg. 110 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 3.4 PROHIBITED USES 1. Auto stores (SIC 5531, tire dealers, and tire, battery, and accessory dealers— retail, and auto supply stores with service bays, lifts or other facilities for installing such automotive parts). 2. Gasoline service stations, and other facilities with fuel pumps (SIC 5541). 3. Fast food restaurants with drive-through lanes. 4. Any freestanding donation boxes/kiosks. 5. Outdoor amplified sound devices,televisions or live entertainment,with the exception for approved temporary use/event permits as outlined in LDC Section 5.04.01. 6. Adult entertainment and sexually oriented businesses 7. Lots 5&6(as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County)shall not provide main public access entryways along the northern facades of any proposed building. 3.45 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Carolina Village Vanderbilt Commons Mixed Use PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive,the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive,the setback is measured from the road easement or property line. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words struck through have been deleted 13 9.B.3 Packet Pg. 111 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) TABLE I MIXED USE DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the Vanderbilt Commons MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. COMMERCIAL USES RESIDENTIAL USES Minimum Lot Area 10,000 Sq Ft. square feet SCU on First Floor10,000 square feet Minimum Lot Width 751 feet(1) SCU on First Floor 75 feet(1) Front Yard Setback 201 feet SCU on First Floor 20 feet Side Yard Setback(2) 1-Story 61 feet SCU on First Floor 6 feet 2-Story 7.5-feet SCU on First Floor 7.5 feet 3-Story 10-feet SCU on First Floor 10 feet Rear Yard Setback Principal Structure 151 feet SCU on First Floor 15 feet Accessory Structure 101feet 101feet PUD Boundary Setback Principal Structure BH BH Accessory Structure 101 feet or buffer width 101 feet or buffer width Lake Setback(3) 201 feet or 0'feet 201 feet or 0'feet Preserve Area Setback Principal Structure 251feet 251feet Accessory Structures or 10 feet Other Site Alterations 10'feet Distance Between Structures Main/Principal 1-Story to 1-Story 121 feet 4i 13.5 feet 1-Story to 2-Story 13.51 feet 13.5' 15 feet 2-Story to 2-Story 151 feet 455'-17.5 feet 2-Story to 3-Story 17.51 feet 17.5' 20 feet 3-Story to 3-Story 201 feet 201 12 feet Accessory Structures Same as principal structure Same as principal structure Maximum Height(4) Retail Building 35 feet and 1-story N/A Office Building 42 feet and 3-stories N/A Accessory Building 35 feet 35'feet Mixed-Use Building(4) 451 feet and 3-stories 45-feet and 3-stories 700 square feet of principal 580700 square feet per dwelling unit Minimum Floor Area structure on first habitable floor Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 14 9.B.3 Packet Pg. 112 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%. 2)Where fee simple lots are created for each building unit no side yard shall be required between interior units of a unified principal structure. and the side yard shall be measured from the exterior wall(s)of the unified principal structure. 3) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 20'to 0'where a stemwall bulkhead or pier is constructed and the requirements of Section 4.02 05 of the LDC are met. 4) Retail uses are limited to the first floor of any building residential uses are limited to the second and third floors of mixed-use buildings (structures with retail or office uses on the first floor and office or residential uses on the second and third floors) Note 'BH" refers to building height_and "SCU" refers to same as thc commercial use on thc first floor of the mixed use building the residential use is located in. B. Off-Street Parking and Loading Requirements: As required by Division 4.05 Off-Street Parking and Loading of the Land Development Code in effect at the time of building permit application. Off-site parking is permitted where a shared parking facility is located within 300 feet of the building requiring such parking. C.Buffering Requirements: 1. A minimum twenty(20)foot wide Type "D" Buffer shall be provided along Vanderbilt Beach Road, with the landscaping as required in Section 4.06.02 of the Collier County Land Development Code. D. Commercial Design Standards The project shall meet the commercial design standards within Division 5.05.08 of the Collier County Land Development Code. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 15 9.B.3 Packet Pg. 113 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) E.Deviations 1. Deviation from Land Development Code(LDC)Section 5.06.04.G 5.06.01A.6.a. c.,in order to to allow one double-faced off-premises sign with a maximum of 8 feet in height and 32 64 square feet in area, located in the road right-of-way e . •. -- Carolina Village (labeled Pristine Drive on Exhibit "A") and on the west side of the Carolina Village advertising.The sign will be limited exclusively to no more than 3 residential developments within the abutting Wolf Creek PUD. The proposed sign must meet all vehicular safety sight distance standards for Collier County and have a minimum 10-foot setback from the Vanderbilt Beach Road right-of-way, as described in Section 5.06.04A.6.a. of the LDC. The proposed sign must be externally illuminated only. lighted and not internally lighted. This having the sign looking out of balance if it were located solely on the western half of the median in the road, and also minimizes confusion for visitors and deliveries to the 3 residential projects. Once Pristine Drive is accepted by the Board of County Commissioners as a public road, any structural changes to the sign shall require a right-of-way permit. The signage shall be perpetually maintained by the homeowner's associations of the developments named on the sign. The County at any time after the road becomes public may require the sign to be relocated for road expansion or to address capacity or safety issues. Vanderbilt Commons MPUD P U DA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 16 9.B.3 Packet Pg. 114 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) SECTION IV PRESERVE AREA PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan, as may be amended pursuant to Section 5.3. 4.2 PERMITIED USES No building, structure or part thereof,shall be erected, altered or used, or land used, in whole or part,for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 3. Native preserves and wildlife sanctuaries. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words struck through have been deleted 17 9.B.3 Packet Pg. 115 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this MPUD, in effect at the time of building permit application. B. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code shall apply to this project even if the land within the MPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. C. The developer, his successor or assignee,shall follow the PUD Master Plan and the regulations of this MPUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 18 9.B.3 Packet Pg. 116 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT submittal.The project is expected to be completed in one(1)or two (2) phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. The third anniversary date of this MPUD traffictraffic lanes arc open to traffic) of the 6 laning projects on both Collier Boulevard, between Boulevard and Collier Boulevard. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is The Vanderbilt Commons Owner's Association, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity.As Owner and Developer sell off tracts,the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. l3. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 4.03 Subdivision Design and Layout. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck througn have been deleted 19 9.B.3 Packet Pg. 117 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for any proposed lake(s) in accordance with Collier County and SFWMD rules. D. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-five(25)feet where a six (6)foot high fence or suitable substantial barrier is erected. 5.7 UTILITIES A: Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 5.8 TRAFFIC A. All traffic control devices.signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards MUMS),current edition,FDOT Design Standards,current edition,and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). B. Arterial level street lighting must be provided at all development access points.Access lighting must be in place prior to the issuance of the first Certificate of Occupancy. C. Access points. including both driveways and proposed streets, shown on the PUD Master Plan arc considered to be conceptual. Nothing depicted on any such PUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions.All such accesses shall be consistent with the Collier County Access Management Long Range Transportation Plan. The number of access points constructed may be less than the number depicted on the PUD Master Plan; however, no additional access points shall bo considered unless a PUD Amendment is processed. D. 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 required improvements shall be in place and available to the public prior to the issuance of the first Certificate of Occupancy. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 20 9.B.3 Packet Pg. 118 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) e :•-.- - ' ar ended- F. All work within Collier County rights of way shall require a Right of Way Permit. G. All proposed median openings shall be in accordance with the Collier County Access Resolution 01 247), as amended, and the LDC. as it may be amended- Collier County reserves the right to modify or close any median openings existing at the.time of approval of this MPUD which is found to be adverse to the health, safety and welfare of the public.Any such modifications shall be based on,but arc not limited to.safety,operational circulation,and roadway capacity. 4-4. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress.a point of egress or a median opening, nor the lack thereof. shall be the basis for any future cause of action for damages against Collier County by the developer. its successor in title,or assignee. 4. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments, with possible exceptions for Buckstone Drive and Pristine Drive, shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right of way or asement, compensating right of way, shall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right of way or casement is determined to be necessary, the cost of such improvement shall be borne by the developer and by County before the issuance of the first Certificate of Occupancy. A. 1 Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. M. The developer shall provide a copy of a shared road agreement for both Pristine Drive and payments on each prior to the issuance of the first Certificate of Occupancy. N. The project may commence construction of infrastructure, site work, and buildings upon receiving all applicable permits,however Certificates of Occupancy for any buildings shall not lanes arc open to traffic) of the 6 laning projects of both Collier Boulevard, between Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 21 9.B.3 Packet Pg. 119 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) B. A west bound right turn lane on Vanderbilt Beach Road, at the intersection of Pristine Drive and Vanderbilt Beach Road, shall be constructed by the Owner(s) prior to the certificates of occupancy for any building within Lot 3, as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County. C. An east bound left turn lane on Vanderbilt Beach Road, at the intersection of Pristine Drive and Vanderbilt Beach Road, shall be constructed by the Owner(s) at the earliest of either the granting of the certificates of occupancy for any building within Lots 5 and or 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) or within five years of the adoption of this PUD amendment. D. The maximum trip generation allowed by the proposed uses(both primary and ancillary) may not exceed 547 PM Peak Hour,two-way trips (total external with pass-by trips subtracted). E. Access to all parcels within the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County, or as amended, shall be from Vanderbilt Way. F. No public access or circulation drives shall be provided to, from or within lots 4, 5 and 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) between the northernmost property boundary lines(shared boundary with Black Bear Ridge of the Wolf Creek PUD) and the northernmost structures governed by their PUD setbacks) of the identified lots. G. Nothing in this PUD shall have any effect upon the obligations under any private agreements. 5.9 PLANNING Pursuant to Section. 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. B. All conservation/preservation areas shall be designated as Preserve on all construction plans, and shall be recorded on the plat as a separate tract or easement with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words struck through have been deleted 22 9.B.3 Packet Pg. 120 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) In the event the project does not require platting,all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. D. Any perimeter berms, shall be entirely outside of all upland and wetland preserve areas. E. A minimum of 0.17 acres of native vegetation shall be preserved on-site, including all 3 strata. and emphasizing the largest contiguous area possible. If created preserves will be used to make up any of the acreage, the landscape plans shall re-create the native plant community in accordance with Section 3.05.07 of the Collier County Land Development Code) shall be submitted with the First Development Order submittal for review and approval. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species,fire management,and maintenance. H. This MPUD shall be consistent with the Environmental Section of the GMP Conservation and Coastal Management Element and the Land Development Code at the time of final development order approval. I. This MPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site Plan approval. J. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. 5.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a temporary construction site office or temporary sales/rental facility. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 23 9.B.3 Packet Pg. 121 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 5.12 SIGNS Signs for this mixed-use project shall be permitted as described in Section 5.06 of the Collier County Land Development Code. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Chapter 4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POLLING PLACES Pursuant to Section 4.07.06 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to: condominium associations, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.15 LIGHTING Lighting provided at the rear of any building and structure adjacent to the Black Bear Ridge Subdivision,for development on lots 5 and 6, (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County)shall be in the form of shielded structure mounted sconces. These shielded structures shall be placed no higher than 10-feet measured from finished floor of the building or structure. The areas identified shall be free of"pole lighting". 5.16 ADDITIONAL SCREENING Owner(s) shall construct a 6-foot wall at the rear of lots 5 and 6; abutting the Black Bear Ridge Subdivision (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County).No wall will be located along Tract C,the Preserve Area. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 24 9.B.3 Packet Pg. 122 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 3 I RPUDOf-I °II D-I A D N C RPUDWOLFCREEK WOLF CREEKRI {[ ° N m m O IRERESIDENTIAL)RESIDENTIAL)P A N m AO3NC) Am• COy m D Z0CZ > m D PRISTINE DRIVE-RIGHT-OF-WAYDz731MIzN20'TYPE D LANDSCAPE BUFFERNm• 0 n 03 D 0 i, f .,` '" I I q0•TYPED LANDSCAPE BUFFERmOOIrEArF 101yIm264— 1p I I Inco 2N. Fr I+ N. 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T Q OHECKED Bv tSHEET TITLE I2NW NINTH STREET NORTH, r,6~6 a w S0E20, SUITE 101 pRp-0CT NO.: Caplet Porde W 34 6 CONCEPTUAL MASTER PLAN NCTLEs,il;alo3<a3s q x y^ Carp,can a. t.,woN..J\, J 9.B.3Packet Pg. 123Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) His1 i0f4, 2 ,..e liriisr— py „AO .! 8 vmg Oi;i 14 mF. 41 ll I Q, — z g ZZ a N 1 1 oQ„ 2 V8 a 42 XY a igi lig PI 1 ; 1 iti ani p rj s 4 ! 2 n ; p Yi8 4E 4 PZ 1-Mr 5 111 11E1 I N a(..:, 3 s g ;' cs I nIit1' g m I = 8 cn = I C q33 . . 19 aeIP70nD11C I is s $ >- So z 3a A ii; 7 Z I 4; 5 , '4 z k-;r y A. zea A_.F R9 2aF r X W a X1 gi c e gm4 i4 3 1 9.B.3Packet Pg. 124Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) Exhibit "G" Carolina Village Legal Description THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT VANDERBILT BEACH ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBEDASFOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°46'10" WEST. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THESOUTHWEST1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH02°14'20"WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST1/4 OF SAID SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTHRIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD. A 175 FOOT WIDE RIGHT-OF-WAY,AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCECONTINUENORTH02°14'20"WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OFTHESOUTHEAST1/4 OF SAID SECTION 34. FOR A DISTANCE OF 523.93 FEET TO THENORTHEASTCORNEROFTHESOUTH1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST1/4 OF SAID SECTION 34; THENCE RUN NORTH 89°47'36" WEST, ALONG THE NORTH LINEOFTHESOUTH1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION34, FOR A DISTANCE OF 1,322.04 FEET TO THE NORTHWEST CORNER OF THE SOUTH1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUNSOUTH02°13'26" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THESOUTHEAST1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.38 FEET TO A POINT ONTHENORTHRIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD: THENCE RUNSOUTH89°46'10" EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILTBEACHROAD, FOR A DISTANCE OF 1,322.20 FEET TO THE POINT OF BEGINNING;CONTAINING 15.879 ACRES, MORE OR LESS. 9.B.3 Packet Pg. 125 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) EXHIBIT "D " LOCATION MAP N W - -- E s PROPOSED NA GEL — CRA I G RESIDEN TIA L PUD 0 oc NOL F CREEK Loop Rd. RESID. PUD WOLF CREEKMISSION ai RESID. PUD oSubjec t Site HILLS 7/////////// //, 7 SHOPPING/// /////// CENTER VA NDERBIL T BEACH RD. 9.B.3 Packet Pg. 126 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) i .EXHIBIT .7g" — SURVEY.l4-,'i::2:,.,::s1..•:...,.I.'I?,,:,...'.:.,-...,.1:i;4.,.:'e,,:.:I'',:I..1..•J4.7:"I"s.t„':cn'r.r.I:,I.I.4..T2I. Ii,;." I,.Ail'1Ic....,.i,i.i.;`A4l.,41• 1t,,•:.:':,:If1.,..: t:..,:.I'.-i•.'.;.1-iI4•.t:e.L:l!;:i:.2I,I1...,I::p;I.:..!,:''.;...:,.•`,'.:•.......,.:, .•:...qik.44-,.r`g..•...)g,1I.1..,,.;%.-..,:..,.:..e5i,-,.-,!$4;,:'; I1l, VIrwr/ 4gi.riili;.. x','.,2.,•1'g..,:,,:, •: itt1-.' 1••:"Z* flt. ii11l1Vdick!t!-t..t.•!.r:1:!p,iV,,.k::: IPi:.,' . t r l01111444100lt c.7,5;:,5'-:..•$g..'-..-.l..P.o..•:t§s:i, tt*;,:'. eN4:..—I111illIgialtIqlsts:l'it1 It.:; z 0 2 .i• 1 $4:ti X z0011 1zf • g. i )t tii9iiii6g,h a gli il 1 k -g it 11*!I!*11ixiik 119 t tRME ; 01 1 ht !lt !Ilitlitii*I! !!'iAl! EA - ;tNot p -3 -Itselidtii!. . lsisi bei 1;; „.4' ; i li : i ml t f *,.: . ,. -•.- 1 ....1i14IZ!i44:01,11610,14 lit ' 11 " : ii =s1 11 ;,11.1 t& t 1—;11 ;111i4illitrVi:1!116: i, I it. . t la a 4.9 0 ,.., 0 .•,;Tt .14:0 s tqw 111 al f. hli: g o I!...t :.., v , t ,t 4,i4s;,-..1,till le" "il; ligavga i t,. g t* 1 41ti11. Z1Ctlt,4 II. CANAL O.W. A.- - M. ..itgotWARDCR.95/ 11 tie' I a 1 t g ••••"'N1ZA4 X ik g.t... . it [... igt 1 -,,. H fa 6.1 rr- Etri - I z. .-1 IE 0 6; 1.! k '''z..! ''-1 i- ..' •'!.kr $ ''' •'- AI arven-w 32503' 1 i4FIII.-,21t- 77_jIt';4".•tt'= 7. 4 I I C I 44. II I t140, I I: I7, ttt I4.1 i` ft I 4VI . i - 1%,. 4 . ' i . t `45' .4 • g.=.i 1 1 t t 1 1il il. I s -1 I - •4 'C..1' ' ' "576 I I - I • . - IV-r-4,1=4:•;:......... 1--"-'1) 1 4A itii 1 i 1 It111I14 •1 t§1 I . aft/I/WV 4,\ 4440, 4I. --- e I9.B.3Packet Pg. 127Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) 0, 01 sit, K L. e 7a at. y FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 15, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 17-47, which was filed in this office on December 15, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 9.B.3 Packet Pg. 128 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) RICK SCOTT Governor KEN DETZNER Secretary of State R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us August 8, 2018 Ms. Crystal K. Kinzel, Interim Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your corrected electronic copy of Collier County Ordinance No. 17-47, which was filed in this office on August 8, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 9.B.3 Packet Pg. 129 Attachment: Attachment B-Ordinance 2017-47 (9777 : PL20180003366-Vanderbilt Commons PUD) Vanderbilt Commons MPUD Cover Letter – Request Narrative Page 1 of 2 March 4, 2019 Ms. Nancy Gundlach, AICP, RLA Zoning & Land Development Review Department Community Development & Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Vanderbilt Commons MPUD PUD Amendment (PUDA-PL20180003366) Dear Ms. Gundlach: The purpose of this PUD Amendment application is to remove the requirement to provide commercial uses on the first floor of the mixed-use buildings on Lots 5 and 6, thereby allowing residential-only buildings in the Vanderbilt Commons Mixed Use Planned Unit Development (MPUD). The Vanderbilt Commons MPUD currently allows up to 200,000 square feet of commercial uses and up to 58 dwelling units pursuant to Ordinance 17-47. The amendments requested in this petition are specific to Lots 5 & 6 and no changes made affect any other portion of the MPUD. As currently approved, Lots 5 & 6 can be developed with up to 58 dwelling units with commercial uses required to be provided on the first floor. This request attempts to create a more compatible and complimentary development pattern adjacent to the Wolf Creek RPUD directly north by eliminating more intensive non-residential uses from the tract in proximity to single-family residential. An expansive 300-foot plus preserve is situated between the amendment area and the closest residential units in Wolf Creek, further reducing the impact of development. In addition to the elimination of first-floor commercial, the Applicant is seeking one (1) deviation for reduced width of the required building perimeter plantings, also specific to Lots 5 & 6. Please refer to the enclosed Deviation and Justification narrative for more details. A companion small-scale GMP Amendment (PL20180003372) to the Vanderbilt Beach/Collier Blvd. Commercial Subdistrict has been submitted to remove the text requiring first floor commercial with upper story residential. Per the Pre-Application Meeting Notes, the following items are enclosed for your review: 1. One (1) Check in the amount of $7,625; 2. One (1) copy of the Cover Letter; 3. One (1) copy of the Deviation and Justification Narrative; 4. One (1) copy of the PUDA application; 5. One (1) copy of the Pre-Application Meeting Notes; 6. One (1) copy of the Affidavit of Authorization; 7. One (1) copy of the Property Ownership Disclosure Form; 8. One (1) copy of the Covenant of Unified Control; 9. One (1) copy of the Completed Addressing Checklist; 10. One (1) copy of the Warranty Deed; 11. One (1) copy of the List Identifying Owner; 9.B.4 Packet Pg. 130 Attachment: Attachment C-Cover Letter Request Narrative - Prepared (9777 : PL20180003366-Vanderbilt Commons PUD) Vanderbilt Commons MPUD Cover Letter-Request Narrative Page 2 of 2 12. One (1) copy of the Boundary Survey Waiver E-mail; 13. One (1) copy of the Letter of No Impact prepared by Trebilcock Consulting; 14. One (1) copy of the Revised Master Plan (24”x36” and 8 1/2” x 11”); 15. One (1) copy of the Original Zoning Ordinance 17-46; 16. One (1) copy of the revised PUD document in strike-through/underline format; 17. One (1) copy of the Project Aerial; 18. One (1) copy of the Current Zoning Map; 19. One (1) copy of the Existing Land Use Map; and 20. One (1) copy of the Future Land Use Map. Should you require additional information or have any questions, please feel free to contact me directly at (239) 405-7777, extension 2232, or lindsay.robin@waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. Lindsay F. Robin, MPA Project Planner Enclosures cc: Ralph Cioffi, Vanderbilt Way Apartments, LLC Jeff Wright, Henderson, Franklin, Starnes & Holt, P.A. Norman J. Trebilcock, Trebilcock Consulting Solutions, LLC Nathalie White, Studio+ 9.B.4 Packet Pg. 131 Attachment: Attachment C-Cover Letter Request Narrative - Prepared (9777 : PL20180003366-Vanderbilt Commons PUD) ‒ 1 ‒ Growth Management Department Zoning Division C O N S I S T E N C Y R E V I E W M E M O R A N D U M To: Nancy Gundlach, AICP, Principal Planner Zoning Services Section From: Corby Schmidt, AICP, Principal Planner Comprehensive Planning Section, Zoning Division Date: April 8, 2019 Subject: Future Land Use Element (FLUE) Consistency Review of Proposed Planned Unit Development Amendment PETITION NUMBER: PL20180003366 [REV 1] PETITION NAME: Vanderbilt Commons Mixed Use Planned Unit Development Amendment (PUDA) REQUEST: The areas of the petition relevant to Comprehensive Planning request the Vanderbilt Commons Mixed Use Planned Unit Development (MPUD), PUD document, be amended to revise the Statement of Compliance, the Project Description, the Description of Project Density or Intensity of Land Uses, the General Description, and the Mixed Use Development Standards, allowing the already-approved residential dwelling units to be located on all floors of multi-story residential-use only buildings on Lots 5 and 6; with another revision removing a description of future mixed uses. LOCATION: The ±2.51-acre subject property comprising the two lots is located at the northwest corner of Buckthorn Drive and Vanderbilt Way, and which is generally 300 feet north of Vanderbilt Beach Road, approximately one-quarter mile west of Collier Boulevard (CR 951), in Section 34, Township 48 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, as identified on the Future Land Use Map in the Future Land Use Element (FLUE) of the Growth Management Plan. The commercial subdistrict promotes mixed-use development and is described in the FLUE as follows: “To encourage mixed use projects, this Subdistrict also permits residential development when located in a mixed-use building (residential uses over commercial uses). Such residential development is allowed at a maximum density of sixteen (16) dwelling units per acre; the gross acreage of the project is used in calculating residential density. Retail uses shall be limited to single-story. …Also, mixed-use buildings, containing residential uses over commercial uses, shall be limited to three (3) stories.” Residential is an allowable use in the Subdistrict. The companion Small-Scale GMP amendment will change Subdistrict provisions to allow single-use residential only buildings. The changes 9.B.5 Packet Pg. 132 Attachment: Attachment D-FLUE Consistency Review (9777 : PL20180003366-Vanderbilt Commons PUD) ‒ 2 ‒ proposed herein will also allow the residential units to be contained in single-use buildings, while maintaining a mixed use project overall. Relevant FLUE objectives and policies are stated below, followed by staff remarks. FLUE Policy 5.6 requires new development to be compatible with, and complementary to, surrounding land uses, as set forth in the Land Development Code. Comprehensive Planning staff leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. However, the compatibility analysis is encouraged to be comprehensive and include a review of both the subject property and surrounding or nearby properties regarding 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. The County recognizes Smart Growth policies and practices in its consideration of future land use arrangements and choice-making options. FLUE Objective 7 and Policies 7.1 through 7.4 promote Smart Growth policies for new development and redevelopment projects pertaining to access, interconnections, open space, and walkable communities. Given the nature of this petition and the minor changes proposed (no changes in permitted uses, densities, or intensities), staff is of the opinion that a re-evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary. These policies were recently evaluated during staff’s consistency review of the Vanderbilt Commons Mixed Use Planned Unit Development Amendment (PUDA) petition, approved December 12, 2017. CONCLUSION: Based upon the above analysis, this proposed PUDA may not be deemed consistent with the FLUE. However, the petition may be deemed consistent if the companion Small-Scale GMP amendment petition (PL20180003372/CPSS-2019-2) is adopted and goes into effect. The PUD Ordinance needs to provide for the effective date to be linked to the effective date of the companion Small- Scale GMP amendment petition. Stipulations: 1. This petition may only be deemed consistent with the FLUE if the companion Small-Scale GMP amendment petition (PL20180003372/CPSS-2019-2) is adopted and goes into effect. 2. The PUDA Ordinance needs to provide for the effective date to be linked to the effective date of the companion Small-Scale GMP amendment petition. cc: Ray Bellows, Zoning Manager, Zoning Services Section David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Michael Bosi, AICP, Director, Zoning Division G: Comp\Consistency Reviews\2019 G:\CDES Planning Services\Consistency Reviews\2019\PUDA\PUDA-PL2018-3366 VB Commons R1_drft.docx 9.B.5 Packet Pg. 133 Attachment: Attachment D-FLUE Consistency Review (9777 : PL20180003366-Vanderbilt Commons PUD) 1 of 5 Memorandum To: Nancy Gundlach, PLA, AICP From: Lindsay Robin cc: Ralph Cioffi, Vanderbilt Way Apartments, LLC Date: June 14, 2019 Subject: Vanderbilt Commons PUD & GMPA (PL20180003366 & PL20180003372) Neighborhood Information Meeting Synopsis Waldrop Engineering, P.A., and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Monday, June 3, 2019. The meeting was held at 5:30 p.m. at the Greater Naples Fire Rescue Headquarters at 14575 Collier Blvd., Naples, Florida 34119. The sign-in sheets are attached as Exhibit “A” and demonstrates 20 residents were in attendance. Handouts were distributed providing the project overview and development regulations. The handouts are attached as Exhibit “B”. Lindsay Robin (Agent) conducted the meeting with introductions of the consultant team and Staff, and an overview of the proposed MPUD amendment application, including the location of the 2.51-acre subject area and the request to remove the requirement to provide commercial uses on the first floor. She also outlined the PUD amendment and Growth Management Plan amendment process and opportunities to provide input at public hearings. Ralph Cioffi, the Applicant, also spoke about the project and provided input on details relating to the development of the site with 58 multi-family dwelling units. Following the Consultant’s presentation, the meeting was opened up to attendees to make comments and ask the consultant team questions regarding the proposed development. The following is a summarized list of the questions asked and responses given. The following comments were asked by attendees. The Applicant’s representatives’ responses are shown in bold. 9.B.6 Packet Pg. 134 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) 2 of 5 Question/Comment 1: Do you have a current drawing of the building and the site plan with the updates?  Response: Elevations of the building are currently worked on and can be provided at a follow-up meeting with the HOA. Question/Comment 2: The main concern is what you are going to do with the lower level, and how it will look.  Response: The first floor will be residential instead of commercial, so the architectural relief, including the entry way and doors will have higher standards, and the proposed landscaping will comply with County’s landscaping standards. We understand your concern. Question/Comment 3: Are you open to changing the plans? What exactly are you intending to do with these two buildings and how many apartment units will they have?  Response: It will be only one building, three (3) stories, with 58 apartments, 2 and 3-bedroom units. Question/Comment 4: Will you have enough parking for the proposed uses? Do you comply with the height limit?  Response: We have the sufficient parking spaces. We also comply with the PUD height limit. Question/Comment 5: There are some issues with the demand for this apartment housing product and the aesthetics of the built environment around it.  Response: We have done supply and demand studies and there is more than enough demand for apartment housing in this area. Question/Comment 6: Would you have any plans to show how the apartments will be structured? The density seems to be quite high for the subject area.  Response: The 2-bedroom units will have an 800-square foot floor plan, and the 3-bedroom units will have a 1,200-square foot floor plan and above. Question/Comment 7: Will you have parking spaces and parking garages? Where will vehicles enter and exit to park their cars?  Response: We have sufficient parking spaces, and the proposed development will have garages for the ground floor units. The garages are located behind the frontage. 9.B.6 Packet Pg. 135 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) 3 of 5 Question/Comment 8: So, there could be potentially more noise coming from the apartments?  Response: There are buffers in place to lessen the impact of noise. There is also the 6-foot masonry wall that is required, buffer plantings that will be in place and the significant preserve area in place directly north of the property. Question/Comment 9: What amenities are you offering to the potential residents of this apartment building? Will they be able to do outdoor activities right in front of their first-floor apartment?  Response: Currently the site plan does not provide any amenities. There will be POA restrictions that all future residents will have to conform to. There will be also be buffers in place, as mentioned previously, between the subject area and the abutting neighbors, including the Black Bear Ridge community. Due to the buffers that will be in place and the expansive preserve are as well as the 6-foot wall, visibility of the site from Black Bear Ridge will be very limited. Question/Comment 10: If you do parking garages, what will happen to the amount of parking spaces needed?  Response: Sufficient parking will be provided. Because no commercial uses are intended in the proposed development, parking requirements associated to those commercial uses will not be required. Question/Comment 11: There is an overall sense in the Black Bear Ridge community that the plans of this development have changed significantly and abruptly since the last time we were announced of this development. We would like for this development to be successful, but we do not believe we have been considered.  Response: We understand, and we would like to be present on any future HOA meetings Black Bear Ridge will host to show you site plans, floor plans and additional information about the proposed development. Question/Comment 12: What type of clientele are you looking to attract for this development? Or at what price point are you looking?  Response: The housing demand for the area is pretty strong, and there is a lot of old housing product in the market. There are some full-amenity housing products being developed on Immokalee Road, but the market is generally positive for housing products of newer standards at average price points. 9.B.6 Packet Pg. 136 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) 4 of 5 Question/Comment 13: There is significant traffic in the area. It is advisable for you to take that into consideration.  Response: We have noted your comment, and believe the County is in process of studying that area. Question/Comment 14: There is significant concerns about having children and infants playing on the first floor.  Response: We cannot restrict residents to be adults only. We have noted your concern. Question/Comment 15: Will there be a play area for children?  Response: At this point, there is no playground area planned for children inside the proposed development. That is something we can consider moving forward designing the site. Question/Comment 16: Are all the apartment units for rent only? What will be the minimum rental period?  Response: All apartment units are for rent. There are two companies that will be managing the property, the front of the house rental management company that collects rent, verifies rental checks, etc. The asset management will be ourselves and we perform management of the building and parcels, including maintenance and landscaping. The minimum rental period will be 12 months. Question/Comment 17: There was a hope within the residential communities for commercial uses in the subject area.  Response: There are commercial uses surrounding the subject area, with multiple tenants, neighborhood stores, etc. Question/Comment 18: Community residents believe that residential uses on first floors of any building will lead to a “spill-over” effect and will negatively impact the aesthetics and quality of life of current residents, such as putting out their lawn chairs, or dog chairs outside the residential premise and into the sidewalks. Additionally, when the PUD was first proposed, it was going to be mixed use development.  Response: We understand the communities concern and would be happy to be on any HOA or community meeting to share additional information regarding the proposed development. 9.B.6 Packet Pg. 137 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) 5 of 5 Question/Comment 19: Will you have balconies on the apartment units?  Response: There will be no balconies on the apartment units. There were no further questions or comments. Ms. Robin thanked the attendees for coming and noted that their contact information is available for those who wished to reach out with any further questions. The meeting concluded at approximately 6:30 p.m. The meeting was recorded per the CD attached as Exhibit “C”. 9.B.6 Packet Pg. 138 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.6Packet Pg. 139Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) 9.B.6Packet Pg. 140Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) Vanderbilt Commons Lots 5 & 6 PUD - PL20180003366 & PL20180003372 Neighborhood Information Meeting Monday, June 3, 2019 5:30 p.m. PROJECT INFORMATION SHEET Project Size: 2.51+/- Acres Future Land Use: Urban Mixed Use District, Vanderbilt Beach/Collier Blvd. Commercial Subdistrict Current Zoning: Planned Unit Development (PUD) Proposed Zoning: Planned Unit Development (PUD) Approved Density/Uses: 58 dwelling units Proposed Density/Uses: 58 dwelling units Project Requests: (PL20180003372) - Small-scale amendment to the Future Land Use Element, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, to remove the requirement to provide first-floor commercial uses with residential on the upper stories. (PL20180003366) PUD Amendment to remove the PUD requirement for commercial uses on the first floor of the mixed use buildings. 9.B.6 Packet Pg. 141 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) Vanderbilt Commons Lots 5 & 6 PUD DEVELOPMENT STANDARDS COMMERCIAL USES RESIDENTIAL USES Minimum Lot Area 10,000 square feet 10,000 square feet Minimum Lot Width 75 feet (1) 75 feet (1) Front Yard Setback 20 feet 20 feet Side Yard Setback (2) 1-Story 6 feet 6 feet 2-Story 7.5 feet 7.5 feet 3-Story 10 feet 10 feet Rear Yard Setback Principal Structure 15 feet 15 feet Accessory Structure 10 feet 10 feet PUD Boundary Setback Principal Structure BH BH Accessory Structure 10 feet or buffer width 10 feet or buffer width Lake Setback (3) 20 feet or 0' feet 20 feet or 0’ feet Preserve Area Setback Principal Structure 25 feet 25 feet Accessory Structures or Other Site Alterations 10 feet 10 feet Distance Between Structures Main/Principal 1-Story to 1-Story 12 feet 13.5 feet 1-Story to 2-Story 13.5 feet 15 feet 2-Story to 2-Story 15 feet 17.5 feet 2-Story to 3-Story 17.5 feet 20 feet 3-Story to 3-Story 20 feet 12 feet Accessory Structures Same as principal structure Same as principal structure Maximum Height (4) Retail Building 35 feet and 1-story N/A Office Building 42 feet and 3-stories N/A Accessory Building 35 feet 35 feet Residential & Mixed-Use Building (4) 45 feet and 3-stories 45 feet and 3-stories Minimum Floor Area 700 square feet of principal structure on first habitable floor 700 square feet per dwelling unit (1) May be reduced on cul -de-sac lots and lots along the inside and outside of curved streets by 25%. (2) Where fee simple lots are created for each building unit no side yard shall be required between interior units of a unified principal structure. and the side yard shall be measured from the exterior wall(s) of the unified principal structure. 9.B.6 Packet Pg. 142 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) (3) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 20' to 0' where a stem wall bulkhead or pier is constructed and the requirements of Section 4.02.05 of the LDC are met. (4) Retail uses are limited to the first floor of any building residential uses are limited to the second and third floors of mixed-use buildings (structures with ret ai l or office uses on the first floor and office or residential uses on the second and third floors) Note ‘BH’ refers to building height. 9.B.6 Packet Pg. 143 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) Vanderbilt Commons Lots 5 & 6 PUD PERMITTED USES A. Permitted Commercial Principal Uses and Structures: 1. Amusement and Recreation Services SIC 7911, except dance halls and discotheques, 7922, 7991. 7999 only for bicycle rental, gymnastics instruction, judo instruction, karate instruction and yoga instruction). 2. Apparel and Accessory Stores (SIC 5611- 5699 except thrift and or surplus stores). 3. Paint, Glass, and Wallpaper Stores (SIC 5231). 4. Business Services (SIC 7311, 7313, 7323, 7331 – 7338, 7361, 7371 — 7379, 7384, 7389 only for service of interior decorating/design, mapmaking, notary public, paralegal service, and Postal Service contract stations). 5. Depository and Non-Depository Institutions (SIC 6021 - 6091). 6. Eating Place (SIC 5812) and Drinking Places (SIC 5813 only cocktail lounges and on-premise consumption of beer, wine and liquor, in conjunction with a restaurant.) No freestanding food stands and or kiosks are permitted. Drinking Places are subject to the locational restrictions described in Section 5.05.01 of the Land Development Code. a. Lots 5 & 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) shall have the following limitations: i. No outdoor seating shall be permitted; ii. The hours of operation for any eating place shall be limited to 6 a.m. - 4 p.m.; iii. Loading and deliveries shall be from the front entrance only; and iv. The consumption of alcohol is not permitted on these Lots. 7. Educational Services (SIC 8211 – 8222, 8243 - 8249, 8299). 8. Food Stores with 5,000 square feet or less of gross floor area in the principal structure (SIC 5411- 5499). 9. General Merchandise Stores with 5,000 square feet or less of gross floor area in the principal structure (SIC 5311 and 5399 except variety stores: single-price point discount, surplus, overstock or liquidation outlets). 10. Hardware stores with 10,000 square feet or less of gross floor area in the principal structure (SIC 5251). 11. Health Services (SIC 8011 - 8049, 8082). 12. Home Furniture, Furnishings and Equipment Stores (SIC 5712 - 5736). 13. Insurance Carriers, Agents, Brokers, and Services with 5,000 square feet or less of gross floor area in the principal structure (SIC 6311- 6399, 6411). 14 . Legal Services (SIC 8111). 15. Membership Organizations (SIC 8611, 8621, 8661 only for offices related to religious organizations). 16. Miscellaneous Repair (SIC 7622, 7629, 7631, 7699 only bicycle repair, camera repair , locksmiths, luggage repair , medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 9.B.6 Packet Pg. 144 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) 17. Miscellaneous Retail (SIC 5912, 5921, 5932 antiques only, 5941 - 5949, 5961,5992, 5994 - 5999 (except auction rooms, awning shops, fireworks, flea markets, gravestones, hot tubs, monuments, pawn shops, sales barns, swimming pools, tombstones and whirlpool baths). The sale of swimming pool accessories and supplies is allowable under SIC 5999 but not the sale of swimming pools. 18. Museums and Art Galleries (SIC 8 412). 19. Personal Services ( SIC 7212 only dry-cleaning and laundry drop off and pickup stations, 7221 - 7251, 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental, and tanning salon). 20. Professional Offices, Research, and Management Consulting Services (SIC 8711 - 8743, 8748 ). 21. Public Administration (SIC 9111 - 91 99, 9229, 9311, 9411 and 9431, 9511 - 9532, 9611- 9661, 9221). 22. Real Estate Agents and Managers (SIC 6512, 6531- 6552). 23. Security and Commodity Dealers (SIC 6211 - 6289). 24. Social Services (SIC 8322 only adult day care services, counseling services, and senior citizens associations , 8351). 25. Travel Agencies (SIC 4724). 26. Any other use which is comparable and compatible in nature with the foregoing list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by the Board of Zoning Appeals (BZA). Prior to the approval of any uses, the applicant shall provide public notice in addition to an advertisement for the hearing which shall include a neighborhood information meeting, mailings and signage in the same manner as that required for substantial amendments to a Planned Unit Development. Permitted Residential Principal Uses and Structures : 1. Multi-Family dwellings. 2. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals (BZA) . Accessory Commercial Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Caretaker's residences subject to Section 5.03.05 of the Collier County Land Development Code. Accessory Residential 1. Customary residential accessory uses and structures including carports, garages, and storage buildings. 2. Recreational. uses and facilities including swimming pools, hot tubs, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, clubhouse, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model unit s. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Carports are permitted within parking areas. 9.B.6 Packet Pg. 145 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) PROHIBITED USES 1. Auto stores (SIC 5531, tire dealers, and tire, battery, and accessory dealers - retail, and auto supply stores with service bays, lifts or other facilities for installing such automotive parts). 2. Gasoline service stations, and other facilities with fuel pumps (SIC 5541). 3. Fast food restaurants with drive-through lanes. 4. Any freestanding donation boxes/kiosks. 5. Outdoor amplified sound devices, televisions or live entertainment, with the exception for approved temporary use/event permits as outlined in LDC Section 5.04.01. 6. Adult entertainment and sexually oriented businesses 7. Lots 5 & 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) shall not provide main public access entryways along the northern facades of any proposed building. 9.B.6 Packet Pg. 146 Attachment: Attachment E-NIM Synopsis (9777 : PL20180003366-Vanderbilt Commons PUD) Dear Commissioners, Donna.Fiala@colliercountyfl.gov Bu rt.sa unders@collierco u ntyfl .gov Penny.Taylor@colliercountyfl.gov KarenHorniak@colliergov.net Markstrain@colliergov.net pdearborn@johnrwood.com Karl.fry@colliercountyfl.gov.net StanChrzanowki @colliergov.net JosephSchmitt@ coll iergov .net Cc RayBellows@coll iercountyfl.gov BosiMichael@colliergov.ne t Vanderbilt Commons PUD Change -PUDA-PL20180003366 GMPA-PL20180003372 Opposition •--I live in Black Bear Ridge {directly behind this property) and adamantly oppose the change to remove the existing PUD requirement "residential dwelling units shall be located in a mixed-use building with commercial uses situated on at the first floor". Residential must be over commercial space. This has been in the document prior to this developer purchasing the parcel. We purchased our homes aware development would take place in Vanderbilt Commons but with certain requirements meant to keep a consistent appearance to the plaza. Allowing residential on the first floor removes the consistent appearance to the entire property and allows everyday living to spill onto the development which will have a negative impact to the area in terms of property value and quality of life. The requirement of commercial on the first floor and residential on the upper floors maintains the consistency of the development and promotes the intent of the development. The only benefit of allowing this to happen is for the developer. We are not opposing residential development that is compatible to the surrounding communities. Please send a message to developers .... " Residents Matter" Developer privilege needs to end. Please stop incompatibly issues with residents of our PUD and Naples Respectfully Name Address VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 APPLICATION COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 1 of 11 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): _________________________________________________________ Name of Applicant if different than owner: _____________________________________________ Address: _________________________City: _______________ State: _________ ZIP: ___________ Telephone: _______________________ Cell: ______________________ Fax: __________________ E-Mail Address: ____________________________________________________________________ Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: ____________________________City: _______________ State: _______ ZIP: __________ Telephone: ____________________ Cell: ____________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 2 of 11 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________ zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 3 of 11 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 4 of 11 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative 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. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. 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. b. 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. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d. 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. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such 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. 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 asce rtain whether or not the request is affected by existing deed restrictions. Vanderbilt Commons MPUD PL20180003366 Evaluation Criteria Page 1 of 3 VANDERBILT COMMONS MPUD EVALUATION CRITERIA PUD REZONE CONSIDERATIONS (LDC SECTION 10.02.13.B) a. 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 Vanderbilt Commons MPUD is approved for 200,000 square feet of commercial uses and up to 58 residential dwelling units. The proposed amendment seeks to amend the requirement to provide commercial uses on the first floor of mixed-use buildings on Lots 5 and 6. The amendment does not request additional density or intensity from what is currently approved. Based upon the nature of surrounding uses, the established development pattern in the general area of the property, and the existing levels of public infrastrcture to service the MPUD, the Property is suitable for development of 58 multi-family dwelling units in residential-only buildings as proposed through this application. Moreover, the project will ensure the existing land area within the County’s Urban-designated lands are not underutilized from a public infrastructure standpoint, thereby upholding sound planning principles b. 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 toe be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The subject property is under Unified Control by Vanderbilt Way Apartments, LLC, who has authorized Waldrop Engineering, P.A., and Henderson, Franklin, Starnes & Holt, P.A. to file this application. Please also refer to the enclosed Covenant of Unified Control. c. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what subdistrict, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy or other provision.) The MPUD will remain consistent with the Growth Management Plan (GMP) as follows: FUTURE LAND USE ELEMENT Policy 5.2: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. FUTURE LAND USE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). The proposed amendment will provide a mixed-use development option that is complimentary and compatible with the surrounding land uses, but that does not require integrated mixed uses. Currently, the property is surrounded by a variety of residential and commercial uses. Developing multi-family dwelling units will not impact compatibility with these approved uses. Additionally, the Vanderbilt Commons MPUD PL20180003366 Evaluation Criteria Page 2 of 3 MPUD provides buffers surrounding the perimeter of the property to provide separation and screening. The amendment does not request to modify the required landscape buffers or walls as required and as shown on the PUD Master Plan. FUTURE LAND USE 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. The proposed PUD Master Plan provides vehicular ingress/egress to Lots 5 and 6 from Vanderbilt Way, which bisects the MPUD from east to west. Vanderbilt Way provides access to all of the MPUD parcels directly in line with this policy’s intent to provide interconnections to surrounding properties. Please also refer to the Letter of No Impact prepared by Trebilcock Consulting Solutions. FUTURE LAND USE 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 proposed amendment is in direct compliance with this policy. Encouraging horizontally integrated mixed-use development will provide opportunities for reduced vehicle miles traveled, increased multi-modal options, and a decrease on overall automobile dependence by allowing residents to walk to goods, services and employment within the project and on adjacent properties. FUTURE LAND USE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. The proposed PUD Master Plan provides for interconnections internal to the project, thereby reducing the number of access points onto the arterial roadway network. The MPUD itself provides for interconnections to the surrounding developments through Vanderbilt Way, which as noted above, bisects the property from east to west. FUTURE LAND USE 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. In direct compliance with the policy above, the MPUD amendment proposes residential development within a mixed-use development containing both residential and commercial uses. The residential portion provides multi-family residential housing to provide in-demand workforce housing. Therefore, the MPUD amendment directly provides for diversity in the housing market, and in a location where such diversity can be accommodated by existing public infrastructure. The project is also walkable via connections to the surrounding sidewalk and pathway systems. CONSERVATION AND COASTAL MANAGEMENT ELEMENT GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. The MPUD will maintain the on-site preserve area as previously approved per Ordinance 2017-47. As shown on the PUD master plan, the project will continue to provide 0.18+/- acres of on-site native habitat preservation. Vanderbilt Commons MPUD PL20180003366 Evaluation Criteria Page 3 of 3 GOAL 7: TO PROTECT AND CONSERVE THE COUNTY’S FISHERIES AND WILDLIFE. The MPUD locates the required preserve area in the northern portion of the project to allow for connection with offsite preserves within the adjacent RPUD to the north. d. 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 amendment will allow for the development of multi-family residential buildings. The MPUD continues to provide for existing and planned commercial uses to form a well-integrated and compact, horizontal, mixed-use project. The commercial and residential uses are compatible and complimentary to the surrounding existing and future development pattern, thereby ensuring external compatibility. Landscape buffers and open space are provided in accordance with the requirements of the GMP and LDC. This amendment does not request to modify the required wall or buffers on Lots 5 and 6. The amendment reduces the impact to surrounding neighbors thereby increasing compatibility, by allowing the development of the 58-units in a building that does not require commercial uses on the first floor. The number of approved units is not being amended through this request. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed amendment will not modify the minimum requirement for 0.18+/- acres of on-site preserve area. Open space areas that are permitted within this MPUD will continue to meet or exceed the required open space per the LDC. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. All required public infrastructure is available and adequate to service the MPUD. g. The ability of the subject property and of surrounding areas to accommodate expansion. Once fully developed, the subject property will bordered by preserve, residential and commercial developed land on three sides and Vanderbilt Beach Road on the remaining fourth side. Being surrounded by development and off-site preservation areas, the PUD as amended will not have the ability to accommodate expansion outside the development parameters identified within its development standards. Additionally, the mixed-use development program of the overall MPUD will provide opportunities for housing and multi-modal movement through the site that will ultimately reduce the reliance on automobiles further reducing the need to expand. h. 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. The project will continue to conform to all applicable PUD regulations, except where a deviation is approved. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 5 of 11 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” 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 supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 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 submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 7 of 11 Narrative statement: 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. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and 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 an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: 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 adequate capacity to serve the project shall be provided. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 9 of 11 Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary Completed Application with required attachments (download latest version) 1 Pre-application meeting notes 1 Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of Utility Provisions 1 Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study 1 Historical Survey 1 School Impact Analysis Application, if applicable 1 Electronic copy of all required documents 1 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Checklist continues on next page COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 10 of 11 Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet:  Exhibit A: List of Permitted Uses  Exhibit B: Development Standards  Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code  Exhibit D: Legal Description  Exhibit E: List of Requested LDC Deviations and justification for each  Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams & David Berra Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: ASSOCIATED FEES FOR APPLICATION  Pre-Application Meeting: $500.00  PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre  PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre  PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre  Comprehensive Planning Consistency Review: $2,250.00  Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00  Listed or Protected Species Review (when an EIS is not required): $1,000.00  Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 PROJECT AERIAL ² Vanderbilt Beach Road Collier Boulevard/CR 9517th Avenue NWPristine Drive5th Avenue NW Collier Boulevard/CR 951Mission Hills Drive Wolfe Road 3th Avenue NW Weber Boulevard NVanderbilt Commons MPUDAERIAL MAP Vanderbilt WayApartments, LLC Source: Esri, DigitalGlobe, GeoEye. Earthstar Geographics, NES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 COVER LETTER/NARRATIVE OF REQUEST Vanderbilt Commons MPUD Cover Letter – Request Narrative Page 1 of 2 March 4, 2019 Ms. Nancy Gundlach, AICP, RLA Zoning & Land Development Review Department Community Development & Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Vanderbilt Commons MPUD PUD Amendment (PUDA-PL20180003366) Dear Ms. Gundlach: The purpose of this PUD Amendment application is to remove the requirement to provide commercial uses on the first floor of the mixed-use buildings on Lots 5 and 6, thereby allowing residential-only buildings in the Vanderbilt Commons Mixed Use Planned Unit Development (MPUD). The Vanderbilt Commons MPUD currently allows up to 200,000 square feet of commercial uses and up to 58 dwelling units pursuant to Ordinance 17-47. The amendments requested in this petition are specific to Lots 5 & 6 and no changes made affect any other portion of the MPUD. As currently approved, Lots 5 & 6 can be developed with up to 58 dwelling units with commercial uses required to be provided on the first floor. This request attempts to create a more compatible and complimentary development pattern adjacent to the Wolf Creek RPUD directly north by eliminating more intensive non-residential uses from the tract in proximity to single-family residential. An expansive 300-foot plus preserve is situated between the amendment area and the closest residential units in Wolf Creek, further reducing the impact of development. In addition to the elimination of first-floor commercial, the Applicant is seeking one (1) deviation for reduced width of the required building perimeter plantings, also specific to Lots 5 & 6. Please refer to the enclosed Deviation and Justification narrative for more details. A companion small-scale GMP Amendment (PL20180003372) to the Vanderbilt Beach/Collier Blvd. Commercial Subdistrict has been submitted to remove the text requiring first floor commercial with upper story residential. Per the Pre-Application Meeting Notes, the following items are enclosed for your review: 1. One (1) Check in the amount of $7,625; 2. One (1) copy of the Cover Letter; 3. One (1) copy of the Deviation and Justification Narrative; 4. One (1) copy of the PUDA application; 5. One (1) copy of the Pre-Application Meeting Notes; 6. One (1) copy of the Affidavit of Authorization; 7. One (1) copy of the Property Ownership Disclosure Form; 8. One (1) copy of the Covenant of Unified Control; 9. One (1) copy of the Completed Addressing Checklist; 10. One (1) copy of the Warranty Deed; 11. One (1) copy of the List Identifying Owner; Vanderbilt Commons MPUD Cover Letter-Request Narrative Page 2 of 2 12. One (1) copy of the Boundary Survey Waiver E-mail; 13. One (1) copy of the Letter of No Impact prepared by Trebilcock Consulting; 14. One (1) copy of the Revised Master Plan (24”x36” and 8 1/2” x 11”); 15. One (1) copy of the Original Zoning Ordinance 17-46; 16. One (1) copy of the revised PUD document in strike-through/underline format; 17. One (1) copy of the Project Aerial; 18. One (1) copy of the Current Zoning Map; 19. One (1) copy of the Existing Land Use Map; and 20. One (1) copy of the Future Land Use Map. Should you require additional information or have any questions, please feel free to contact me directly at (239) 405-7777, extension 2232, or lindsay.robin@waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. Lindsay F. Robin, MPA Project Planner Enclosures cc: Ralph Cioffi, Vanderbilt Way Apartments, LLC Jeff Wright, Henderson, Franklin, Starnes & Holt, P.A. Norman J. Trebilcock, Trebilcock Consulting Solutions, LLC Nathalie White, Studio+ VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 EVALUATION CRITERIA Vanderbilt Commons MPUD PL20180003366 Evaluation Criteria Page 1 of 3 VANDERBILT COMMONS MPUD EVALUATION CRITERIA PUD REZONE CONSIDERATIONS (LDC SECTION 10.02.13.B) a. 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 Vanderbilt Commons MPUD is approved for 200,000 square feet of commercial uses and up to 58 residential dwelling units. The proposed amendment seeks to amend the requirement to provide commercial uses on the first floor of mixed-use buildings on Lots 5 and 6. The amendment does not request additional density or intensity from what is currently approved. Based upon the nature of surrounding uses, the established development pattern in the general area of the property, and the existing levels of public infrastrcture to service the MPUD, the Property is suitable for development of 58 multi-family dwelling units in residential-only buildings as proposed through this application. Moreover, the project will ensure the existing land area within the County’s Urban-designated lands are not underutilized from a public infrastructure standpoint, thereby upholding sound planning principles b. 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 toe be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The subject property is under Unified Control by Vanderbilt Way Apartments, LLC, who has authorized Waldrop Engineering, P.A., and Henderson, Franklin, Starnes & Holt, P.A. to file this application. Please also refer to the enclosed Covenant of Unified Control. c. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what subdistrict, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy or other provision.) Upon adoption of the companion GMPA application the MPUD will remain consistent with the Growth Management Plan (GMP) as follows: FUTURE LAND USE ELEMENT Policy 5.2: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. FUTURE LAND USE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). The proposed amendment will provide a mixed-use development option that is complimentary and compatible with the surrounding land uses, but that does not require integrated mixed uses. Currently, the property is surrounded by a variety of residential and commercial uses. Developing Vanderbilt Commons MPUD PL20180003366 Evaluation Criteria Page 2 of 3 multi-family dwelling units will not impact compatibility with these approved uses. Additionally, the MPUD provides buffers surrounding the perimeter of the property to provide separation and screening. The amendment does not request to modify the required landscape buffers or walls as required and as shown on the PUD Master Plan. FUTURE LAND USE 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. The proposed PUD Master Plan provides vehicular ingress/egress to Lots 5 and 6 from Vanderbilt Way, which bisects the MPUD from east to west. Vanderbilt Way provides access to all of the MPUD parcels directly in line with this policy’s intent to provide interconnections to surrounding properties. Please also refer to the Letter of No Impact prepared by Trebilcock Consulting Solutions. FUTURE LAND USE 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 proposed amendment is in direct compliance with this policy. Encouraging horizontally integrated mixed-use development will provide opportunities for reduced vehicle miles traveled, increased multi-modal options, and a decrease on overall automobile dependence by allowing residents to walk to goods, services and employment within the project and on adjacent properties. FUTURE LAND USE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. The proposed PUD Master Plan provides for interconnections internal to the project, thereby reducing the number of access points onto the arterial roadway network. The MPUD itself provides for interconnections to the surrounding developments through Vanderbilt Way, which as noted above, bisects the property from east to west. FUTURE LAND USE 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. In direct compliance with the policy above, the MPUD amendment proposes residential development within a mixed-use development containing both residential and commercial uses. The residential portion provides multi-family residential housing to provide in-demand workforce housing. Therefore, the MPUD amendment directly provides for diversity in the housing market, and in a location where such diversity can be accommodated by existing public infrastructure. The project is also walkable via connections to the surrounding sidewalk and pathway systems. CONSERVATION AND COASTAL MANAGEMENT ELEMENT GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. The MPUD will maintain the on-site preserve area as previously approved per Ordinance 2017-47. As shown on the PUD master plan, the project will continue to provide 0.18+/- acres of on-site native habitat preservation. Vanderbilt Commons MPUD PL20180003366 Evaluation Criteria Page 3 of 3 GOAL 7: TO PROTECT AND CONSERVE THE COUNTY’S FISHERIES AND WILDLIFE. The MPUD locates the required preserve area in the northern portion of the project to allow for connection with offsite preserves within the adjacent RPUD to the north. d. 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 amendment will allow for the development of multi-family residential buildings. The MPUD continues to provide for existing and planned commercial uses to form a well-integrated and compact, horizontal, mixed-use project. The commercial and residential uses are compatible and complimentary to the surrounding existing and future development pattern, thereby ensuring external compatibility. Landscape buffers and open space are provided in accordance with the requirements of the GMP and LDC. This amendment does not request to modify the required wall or buffers on Lots 5 and 6. The amendment reduces the impact to surrounding neighbors thereby increasing compatibility, by allowing the development of the 58-units in a building that does not require commercial uses on the first floor. The number of approved units is not being amended through this request. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed amendment will not modify the minimum requirement for 0.18+/- acres of on-site preserve area. Open space areas that are permitted within this MPUD will continue to meet or exceed the required open space per the LDC. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. All required public infrastructure is available and adequate to service the MPUD. g. The ability of the subject property and of surrounding areas to accommodate expansion. Once fully developed, the subject property will bordered by preserve, residential and commercial developed land on three sides and Vanderbilt Beach Road on the remaining fourth side. Being surrounded by development and off-site preservation areas, the PUD as amended will not have the ability to accommodate expansion outside the development parameters identified within its development standards. Additionally, the mixed-use development program of the overall MPUD will provide opportunities for housing and multi-modal movement through the site that will ultimately reduce the reliance on automobiles further reducing the need to expand. h. 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. The project will continue to conform to all applicable PUD regulations, except where a deviation is approved. VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 PRE-APPLICATION MEETING NOTES VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 EXECUTED AFFIDAVIT OF AUTHORIZATION VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 EXECUTED DISCLOSURE FORM COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 1 of 3 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. 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: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % 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 % of Ownership COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 2 of 3 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 % of Ownership 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 % of Ownership Date of Contract: ___________ 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 _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 PROPERTY OWNERSHIP INFORMATION VANDERBILT COMMONS MPUD DISCLOSURE OF INTEREST Lots 5 and 6 of Vanderbilt Commons is owned in fee simple by Vanderbilt Commons, LLC Vanderbilt Commons LLC Manager - Ralph R. Cioffi, Jr. Member/Ownership % - • Vanderbilt Way Apartments, LLC - 100% VANDERBILT WAY APARTMENTS LLC Manager - Ralph R. Cioffi, Jr. Members/Ownership % - • Vandy Way LLC - 70% Manager - Ralph R. Cioffi, Jr. Member/Ownership % - Ralph R. Cioffi, Jr. - 100% • 227 Partners LLC - 20% Authorized Members - Juergen F. Mross and Lori A. Mross • IRC Investments LLC - 10% Manager - IRC Management, LLC Manager of Manager - Rainier N. Filthaut VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 EXECUTED COVENANT OF UNIFIED CONTROL VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 FUTURE LAND USE MAP ² Vanderbilt Commons MPUDFUTURE LAND USE MAP Estates Designation Urban Residential Fringe Subdistrict Vanderbilt Beach/Collier BlvdCommercial Subdistrict Vanderbilt WayApartments, LLC Source: Esri, DigitalGlobe, GeoEye. Earthstar Geographics, NES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 500 1,000250 Feet Wolfe Road Collier Boulevard/CR 951Mission Hills Drive Vanderbilt Beach Road 7th Avenue NW 5th Avenue NW Collier Boulevard/CR 951Pristine Drive VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 EXISTING LAND USE MAP ² Vanderbilt Beach Road Collier Boulevard/CR 9517th Avenue NWPristine Drive5th Avenue NW Collier Boulevard/CR 951Wolfe Road Vanderbilt Commons MPUDEXISTING LAND USE MAP Vanderbilt WayApartments, LLC 0 500 1,000250 Feet Source: Esri, DigitalGlobe, GeoEye. Earthstar Geographics, NES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community Preserve Single-Family Residential (Golden Gate) Single-Family Residential (Islandwalk) Multi-Family Residential (Summit Place) Existing Institutional (St. Agnes Church) Vacant Agriculture (Nursery) Preserve Single-Family Residential (Raffia Preserve)Single-Family Residential (Summit Place) Single-Family Residential (Tuscany Pointe) Multi-Family Residential (Portofino Falls) Single-Family Residential (Black Bear Ridge) Existing Commercial (Mission Hills Shopping Center) Single-Family Residential (Golden Gate) VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 CURRENT ZONING MAP ² Vanderbilt Beach Road Collier Boulevard/CR 9517th Avenue NWPristine Drive5th Avenue NW Collier Boulevard/CR 951Mission Hills Drive Wolfe Road Vanderbilt Commons MPUDCURRENT ZONING MAP PUD A Vanderbilt WayApartments, LLC RPUD MPUD 0 500 1,000250 Feet Source: Esri, DigitalGlobe, GeoEye. Earthstar Geographics, NES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community E A Rural Agricultural E EstatePUD Planned Unit DevelopmentRPUD Residential Planned Unit DevelopmentMPUD Mixed Use Planned Unit Development Zoning Districts PUD MPUD PUD MPUD RPUD RPUD PUD MPUD RPUD A VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 ADDRESSING CHECKLIST COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 LOCATION MAP VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 WARRANTY DEEDS VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 LIST IDENTIFYING ALL PROPERTY OWNERS & PARTIES OF THE CORPORATION 2/27/2019 Detail by Entity Name http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=VANDERBI…2/2 Document Number FEI/EIN Number Date Filed State Status Detail by Entity Name Florida Limited Liability Company VANDERBILT WAY APARTMENTS, LLC Filing Information L18000137672 NONE 06/05/2018 FL ACTIVE Principal Address 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 Changed: 07/11/2018 Mailing Address 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 Changed: 07/11/2018 Registered Agent Name & Address DENTI, KEVIN A, ESQ 2180 IMMOKALEE RD STE 316 NAPLES, FL 34110 Authorized Person(s) Detail Name & Address Title MGR CIOFFI, JR, RALPH R 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 Annual Reports No Annual Reports Filed Document Images 06/05/2018 -- Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 BOUNDARY SURVEY WAIVER EMAIL From:BellowsRay To:GundlachNancy Cc:Lindsay Robin Subject:RE: Is a Boundary Survey Required for Vanderbilt Commons Lots 5 and 6 PUDA (PL20180003366) Date:Friday, March 1, 2019 12:18:37 PM Attachments:image001.png oledata.mso A boundary survey can be waived if the proposed amendment is minor and doesn’t change the PUD boundary. In this case, the survey can be waived.   Ray   Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Exceeding expectations, every day!   Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.       From: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov>  Sent: Thursday, February 28, 2019 5:09 PM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Cc: Lindsay.Robin@waldropengineering.com Subject: Is a Boundary Survey Required for Vanderbilt Commons Lots 5 and 6 PUDA (PL20180003366)   Hi Ray,   I received a phone call from Lindsay Robin of Waldrop Engineering (908-3079).  She would like to know if a Boundary Survey is required.  (I checked the box for a Boundary Survey on the pre-app notes recently).    The proposal is to eliminate the requirement to locate residential units atop commercial units on the first floor.   Could you confirm if a Boundary Survey is required?   Thank you-   Respectfully,   Nancy Nancy Gundlach, AICP, PLA Principal Planner Zoning Services   (239)252-2484   Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 STATEMENT OF UTILITY PROVISIONS COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Package Treatment Plant (GPD Capacity): _________________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: __________________________ d. Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 February 1, 2019 Page 7 of 11 Narrative statement: 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. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and 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 an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: 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 adequate capacity to serve the project shall be provided. VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 TRAFFIC STATEMENT OF NO ADDITIONAL IMPACTS Trebilcock Consulting Solutions, PA  2800 Davis Boulevard, Suite 200  Naples, FL 34104 Phone 239-566-9551  ntrebilcock@trebilcock.biz  www.trebilcock.biz March 6, 2019 Ray Bellows Zoning Planning Manager Collier County Zoning Services 2800 N. Horseshoe Drive Naples, FL 34104 SUBJECT: Vanderbilt Commons PUD Lots 5 and 6-- PL20180003372; PL20180003366 Transportation Statement of No Additional Impacts Dear Mr. Bellows: The purpose of this letter is to provide an evaluation and statement of no additional transportation impacts and to clarify Institute of Transportation Engineers Land Use Codes (ITE LUC) as compared to Standard Industrial Classification (SIC) codes identified as allowable uses for the project. The proposed PUD land uses are not changing, just the elimination of the requirement regarding commercial on the first floor of the residential buildings. This does not change the project’s calculated traffic impact, since the project will still be mixed use and benefit from the applicable internal capture values assumed in the traffic analysis. With respect to SIC codes, the following table covers the SIC and ITE LUC’s that may likely be used for the lots: Development ITE Land Use (Relevant SIC in Parenthesis) ITE Land Use Code Residential Condominiums/Townhouses/Apartment (Not Applicable) 220; 230 Commercial General Office (73XX, 63XX, 86XX, 87XX, 9XXX, 65XX, and 62XX approved uses) 710 Medical Office (8011 through 8049) 720 Shopping Center (all PUD permitted uses possible—typical for a shopping center—as an inline/outparcel use—refer to PUD for applicable SIC Codes) 820 Let me know if you have any questions, or need anything else. Sincerely, Trebilcock Consulting Solutions, PA Norman J. Trebilcock, AICP, P.E. President VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 PUD CONCEPT PLAN (8.5”x 11” & 24”x 36”) TRACT A - VANDERBILT WAY R.O.W / A.E. / P.U.E. / D.E. / C.U.E. RPUD WOLF CREEK (PRESERVE) TRACT C (PRESERVE AREA, C.E.) LOT #6LOT #5 TRACT B (WATER MANAGEMENT)LOT #4 LOT #1 LOT #2 LOT #3 LIFT STATION LOCATION VANDERBILT BEACH ROAD (RIGHT-OF-WAY)PRISTINE DRIVE (RIGHT-OF-WAY)BUCKSTONE DRIVE (RIGHT-OF-WAY)PUD MISSION HILLS TRACT 1 (COMMERCIAL) PUD MISSION HILLS TRACT 5 (COMMERCIAL) RPUD WOLF CREEK (RESIDENTIAL) RPUD WOLF CREEK (RESIDENTIAL) 20' TYPE D LANDSCAPE BUFFER 20' TYPE D LANDSCAPEBUFFER10' TYPE D LANDSCAPE BUFFER 20' TYPE D LANDSCAPE BUFFER10' TYPE D LANDSCAPE BUFFER 10' TYPE A LANDSCAPE BUFFER 10' TYPE A LANDSCAPE BUFFER 10' TYPE D LANDSCAPE BUFFER 10' TYPE D LANDSCAPE BUFFER 20' TYPE D LANDSCAPE BUFFER20' TYPE D LANDSCAPE BUFFER6 FOOT HIGH WALL 10' TYPE A LANDSCAPE BUFFER 4 FOOT HIGH WALL 4 FOOT HIGH WALL20' TYPE D LANDSCAPE BUFFERB:\Projects\949-001 (Studio+) Vanderbilt Way Apartments - Planning\Drawings-Exhibits\949-001-01 MCP\Current Plans\9490010101.dwgDEVIATIONS DEVIATION FROM LAND DEVELOPMENT CODE (LDC) SECTION 5.06.04.G TO ALLOW ONE DOUBLE-FACED OFF-PREMISES SIGN WITH A MAXIMUM OF 8 FEET IN HEIGHT AND 32 SQUARE FEET IN AREA, LOCATED IN THE ROAD RIGHT-OF-WAY (LABELED PRISTINE DRIVE ON EXHIBIT "A"). THE SIGN WILL BE LIMITED TO NO MORE THAN 3 RESIDENTIAL DEVELOPMENTS WITHIN THE ABUTTING WOLF CREEK PUD. THE PROPOSED SIGN MUST MEET ALL VEHICULAR SAFETY SIGHT DISTANCES STANDARDS FOR COLLIER COUNTY AND HAVE A MINIMUM 10-FOOT SETBACK FROM VANDERBILT BEACH ROAD RIGHT-OF-WAY. THE PROPOSED SIGN MUST BE EXTERNALLY ILLUMINATED ONLY. ONCE PRISTINE DRIVE IS ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS AS A PUBLIC ROAD, ANY STRUCTURAL CHANGES TO THE SIGN SHALL REQUIRE A RIGHT-OF-WAY PERMIT. THE SIGNAGE SHALL BE PERPETUALLY MAINTAINED BY THE THE HOMEOWNERS ASSOCIATIONS OF THE DEVELOPMENTS NAMED ON THE SIGN. THE COUNTY AT THE TIME AFTER THE ROAD BECOMES PUBLIC MAY REQUIRE THE SIGN TO BE RELOCATED FOR ROAD EXPANSION OR TO ADDRESS CAPACITY OR SAFETY ISSUES. DEVIATION FROM LAND DEVELOPMENT CODE (LDC) SECTION 5.03.02 H.1.b, WHICH REQUIRES A WALL IF LOCATED ON A PROPERTY OPPOSITE A RESIDENTIALLY ZONED DISTRICT BUT FRONTING ON A LOCAL STREET OR ROADWAY, OR THE PROPERTIES ARE SEPARATED BY A PLATTED ALLEY, THEN HEIGHT SHALL BE 4 FEET AND PLACEMENT SHALL BE A MINIMUM OF 3 FEET FROM THE REAR OF THE RIGHT-OF-WAY LANDSCAPE BUFFER LINE, TO INSTEAD REMOVE THE REQUIREMENT TO PLACE A WALL ALONG VANDERBILT BEACH ROAD. DEVIATION FROM LDC SECTION 4.06.05.C. “BUILDING FOUNDATION PLANTING REQUIREMENTS”, WHICH REQUIRES BUILDING FOUNDATION PLANTING BEDS FOR BUILDING FOOTPRINTS OVER 10,000 SQUARE FEET TO BE A MINIMUM WIDTH OF 10-FEET, TO ALLOW THE MINIMUM WIDTH OF THE PLANTING BEDS TO BE 8-FEET. THE APPLICANT WILL PROVIDE AN ADDITIONAL FIVE (5) SOLITAIRE PALMS PLANTED WITH 10-FOOT CLEAR TRUNK TO SUPPLEMENT THE AREA OF FOUNDATION PLANTINGS AND NUMBER OF TREES REQUIRED BY LDC SECTION 4.06.05.C. THIS DEVIATION SHALL ONLY APPLY TO LOTS 5 AND 6 OF THE MPUD. 1 2 MPUD SUMMARY THE VANDERBILT COMMONS MIXED USE PUD IS A PROJECT COMPRISED OF 14.49 ACRES DESIGNATED FOR COMMERCIAL AND RESIDENTIAL LAND USES AND THE COMMERCIAL USES ARE LIMITED TO A MAXIMUM OF 200,000 SQUARE FEET OF GROSS LEASABLE AREA AND THE RESIDENTIAL LAND USES ARE LIMITED TO A MAXIMUM OF 58 DWELLING UNITS. ALL RESIDENTIAL DWELLING UNITS SHALL BE LOCATED IN MIXED-USE BUILDINGS WITH COMMERCIAL USES SITUATED ON AT LEAST THE FIRST FLOOR. COMMERCIAL AND RESIDENTIAL LAND USES AND SIGNAGE ARE DESIGNED TO BE HARMONIOUS WITH ONE ANOTHER IN A NATURAL SETTING BY USING COMMON ARCHITECTURE, QUALITY SCREENING/ BUFFERING AND NATIVE VEGETATION. ACCESS TO ALL PARCELS, WITHIN THE VANDERBILT COMMONS SUBDIVISION PLAT, RECORDED IN PLAT BOOK 60, PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, OR AS AMENDED, SHALL BE FROM VANDERBILT WAY. MPUD LAND USE SUMMARY USE WATER MANAGEMENT (TRACT B) PRESERVE AREA (TRACT C) LANDSCAPE BUFFERS UTILITY EASEMENT/ VANDERBILT WAY R.O.W. DEVELOPABLE AREA (LOTS 1-6) TOTAL SITE AREA ACRES +/- 1.28 AC +/- 0.18 AC +/- 1.44 AC +/- 1.71 AC +/- 9.88 AC +/- 14.49 AC SET NUMBER: SHEET :1 949-001-01PLAN REVISIONSFLORIDA CERTIFICATE OF AUTHORIZATION #8636WALDROPENGINEERINGLAND DEVELOPMENT CONSULTANTS28100 BONITA GRANDE DRIVE - SUITE 305 BONITA SPRINGS, FL 34135VANDERBILT COMMONSMPUDCLIENT: VANDERBILT WAY APARTMENTS, LLCPUD MASTER PLANREVISED PER COUNTY COMMENTS06/14/19213 1 2 2 3 3 0 SCALE IN FEET 100 200 400REVISED PER COUNTY COMMENTS04/17/19 TRACT A - VANDERBILT WAY R.O.W / A.E. / P.U.E. / D.E. / C.U.E. RPUD WOLF CREEK (PRESERVE) TRACT C (PRESERVE AREA, C.E.) LOT #6LOT #5 TRACT B (WATER MANAGEMENT)LOT #4 LOT #1 LOT #2 LOT #3 LIFT STATION LOCATION VANDERBILT BEACH ROAD (RIGHT-OF-WAY)PRISTINE DRIVE (RIGHT-OF-WAY)BUCKSTONE DRIVE (RIGHT-OF-WAY)PUD MISSION HILLS TRACT 1 (COMMERCIAL) PUD MISSION HILLS TRACT 5 (COMMERCIAL) RPUD WOLF CREEK (RESIDENTIAL) RPUD WOLF CREEK (RESIDENTIAL) 20' TYPE D LANDSCAPE BUFFER 20' TYPE D LANDSCAPEBUFFER10' TYPE D LANDSCAPE BUFFER 20' TYPE D LANDSCAPE BUFFER10' TYPE D LANDSCAPE BUFFER 10' TYPE A LANDSCAPE BUFFER 10' TYPE A LANDSCAPE BUFFER 10' TYPE D LANDSCAPE BUFFER 10' TYPE D LANDSCAPE BUFFER 20' TYPE D LANDSCAPE BUFFER20' TYPE D LANDSCAPE BUFFER6 FOOT HIGH WALL 10' TYPE A LANDSCAPE BUFFER 4 FOOT HIGH WALL 4 FOOT HIGH WALL20' TYPE D LANDSCAPE BUFFER1 0 SCALE IN FEET 30 60 120WALDROPENGINEERINGCIVIL ENGINEERING &LAND DEVELOPMENT CONSULTANTSSET NUMBER: SHEET :28100 BONITA GRANDE DRIVE - SUITE 305 BONITA SPRINGS, FL 34135P: 239-405-7777 F: 239-405-7899 EMAIL: info@waldropengineering.comB:\Projects\949-001 (Studio+) Vanderbilt Way Apartments - Planning\Drawings-Exhibits\949-001-01 MCP\Current Plans\9490010101.dwg6/14/2019 2:55:05 PM04/17/19 REVISED PER CLIENT AND COUNTY COMMENTS FLORIDA CERTIFICATE OF AUTHORIZATION #8636PLAN REVISIONSREV00 <<SUBMITTED / BID SET>> XX/XX/XX949-001-011MPUD SUMMARY THE VANDERBILT COMMONS MIXED USE PUD IS A PROJECT COMPRISED OF 14.49 ACRES DESIGNATED FOR COMMERCIAL AND RESIDENTIAL LAND USES AND THE COMMERCIAL USES ARE LIMITED TO A MAXIMUM OF 200,000 SQUARE FEET OF GROSS LEASABLE AREA AND THE RESIDENTIAL LAND USES ARE LIMITED TO A MAXIMUM OF 58 DWELLING UNITS. ALL RESIDENTIAL DWELLING UNITS SHALL BE LOCATED IN MIXED-USE BUILDINGS WITH COMMERCIAL USES SITUATED ON AT LEAST THE FIRST FLOOR. COMMERCIAL AND RESIDENTIAL LAND USES AND SIGNAGE ARE DESIGNED TO BE HARMONIOUS WITH ONE ANOTHER IN A NATURAL SETTING BY USING COMMON ARCHITECTURE, QUALITY SCREENING/ BUFFERING AND NATIVE VEGETATION. ACCESS TO ALL PARCELS, WITHIN THE VANDERBILT COMMONS SUBDIVISION PLAT, RECORDED IN PLAT BOOK 60, PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, OR AS AMENDED, SHALL BE FROM VANDERBILT WAY. MPUD LAND USE SUMMARY USE WATER MANAGEMENT (TRACT B) PRESERVE AREA (TRACT C) LANDSCAPE BUFFERS UTILITY EASEMENT/ VANDERBILT WAY R.O.W. DEVELOPABLE AREA (LOTS 1-6) TOTAL SITE AREA ACRES +/- 1.28 AC +/- 0.18 AC +/- 1.44 AC +/- 1.71 AC +/- 9.88 AC +/- 14.49 AC DEVIATIONS DEVIATION FROM LAND DEVELOPMENT CODE (LDC) SECTION 5.06.04.G TO ALLOW ONE DOUBLE-FACED OFF-PREMISES SIGN WITH A MAXIMUM OF 8 FEET IN HEIGHT AND 32 SQUARE FEET IN AREA, LOCATED IN THE ROAD RIGHT-OF-WAY (LABELED PRISTINE DRIVE ON EXHIBIT "A"). THE SIGN WILL BE LIMITED TO NO MORE THAN 3 RESIDENTIAL DEVELOPMENTS WITHIN THE ABUTTING WOLF CREEK PUD. THE PROPOSED SIGN MUST MEET ALL VEHICULAR SAFETY SIGHT DISTANCES STANDARDS FOR COLLIER COUNTY AND HAVE A MINIMUM 10-FOOT SETBACK FROM VANDERBILT BEACH ROAD RIGHT-OF-WAY. THE PROPOSED SIGN MUST BE EXTERNALLY ILLUMINATED ONLY. ONCE PRISTINE DRIVE IS ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS AS A PUBLIC ROAD, ANY STRUCTURAL CHANGES TO THE SIGN SHALL REQUIRE A RIGHT-OF-WAY PERMIT. THE SIGNAGE SHALL BE PERPETUALLY MAINTAINED BY THE THE HOMEOWNERS ASSOCIATIONS OF THE DEVELOPMENTS NAMED ON THE SIGN. THE COUNTY AT THE TIME AFTER THE ROAD BECOMES PUBLIC MAY REQUIRE THE SIGN TO BE RELOCATED FOR ROAD EXPANSION OR TO ADDRESS CAPACITY OR SAFETY ISSUES. DEVIATION FROM LAND DEVELOPMENT CODE (LDC) SECTION 5.03.02 H.1.b, WHICH REQUIRES A WALL IF LOCATED ON A PROPERTY OPPOSITE A RESIDENTIALLY ZONED DISTRICT BUT FRONTING ON A LOCAL STREET OR ROADWAY, OR THE PROPERTIES ARE SEPARATED BY A PLATTED ALLEY, THEN HEIGHT SHALL BE 4 FEET AND PLACEMENT SHALL BE A MINIMUM OF 3 FEET FROM THE REAR OF THE RIGHT-OF-WAY LANDSCAPE BUFFER LINE, TO INSTEAD REMOVE THE REQUIREMENT TO PLACE A WALL ALONG VANDERBILT BEACH ROAD. DEVIATION FROM LDC SECTION 4.06.05.C. “BUILDING FOUNDATION PLANTING REQUIREMENTS”, WHICH REQUIRES BUILDING FOUNDATION PLANTING BEDS FOR BUILDING FOOTPRINTS OVER 10,000 SQUARE FEET TO BE A MINIMUM WIDTH OF 10-FEET, TO ALLOW THE MINIMUM WIDTH OF THE PLANTING BEDS TO BE 8-FEET. THE APPLICANT WILL PROVIDE AN ADDITIONAL FIVE (5) SOLITAIRE PALMS PLANTED WITH 10-FOOT CLEAR TRUNK TO SUPPLEMENT THE AREA OF FOUNDATION PLANTINGS AND NUMBER OF TREES REQUIRED BY LDC SECTION 4.06.05.C. THIS DEVIATION SHALL ONLY APPLY TO LOTS 5 AND 6 OF THE MPUD. 1 2 PUD MASTER PLANVANDERBILTCOMMONS MPUDCLIENT: VANDERBILT WAY APRTMENTS, LLC1 2 2 3 3 3 06/14/19 REVISED PER COUNTY COMMENTS2 VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 AFFIDAVIT OF COMPLIANCE – NEIGHBORHOOD INFORMATION MEETING May 16, 2019 RE: Vanderbilt Commons PUDA-PL20180003366 GMPA-PL20180003372 Dear Property Owner: Please be advised that Waldrop Engineering, P.A. on behalf of Vanderbilt Way Apartments, LLC has filed two (2) concurrent applications to Collier County. These applications seek approval of: (1) a PUD amendment for the Vanderbilt Commons Mixed Use Planned Unit Development (MPUD) to remove the requirement to provide commercial uses on the first floor of the mixed-use building on Lots 5 and 6, and add one (1) deviation relating to building perimeter plantings; AND (2) a Growth Management Plan amendment (GMPA) to allow residential uses on the first floor of buildings on Lots 5 and 6. The GMPA does not request to increase density or intensity and no changes made affect any other portion of the MPUD. The subject property totals 14.49+/- acres and is generally located immediately north of Vanderbilt Beach Road, approximately ¼ of a mile west of Collier Boulevard in unincorporated Collier County, Florida. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this application and ask questions. The Neighborhood Information Meeting will be held on Monday, June 3rd, 2019 at 5:30 p.m. at the Greater Naples Fire Rescue Headquarters, 14575 Collier Blvd., Naples, FL 34119. Should you have questions prior to the meeting, please contact me directly at (239) 405-7777 ext. 2232, or lindsay.robin@waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. Lindsay F. Robin, MPA Project Planner *Please note that Greater Naples Fire Rescue does not sponsor or endorse this program. 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HOLLYWOOD, FL 33021---3430 PRIME HOMES AT PORTOFINO FALLS 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 PRIME HOMES AT PORTOFINO FALLS 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 PRIME HOMES AT PORTOFINO FALLS 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 PRIME HOMES AT PORTOFINO FALLS 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 PRIME HOMES AT PORTOFINO FALLS 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 PRIME HOMES AT PORTOFINO FALLS 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 PRIME HOMES AT PORTOFINO FALLS 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 PRIME HOMES AT PORTOFINO FALLS 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 PRIME HOMES AT PORTOFINO FALLS 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 PRIME HOMES AT PORTOFINO FALLS 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 R J FAY & J D FAY REV/L/TRUST 4191 7TH AVE NW NAPLES, FL 34119---1521 REFERENCE ONLY FALLS OF PORTOFINO CONDOMINIUM NO 1, THE REFERENCE ONLY FALLS OF PORTOFINO CONDOMINIUM NO 2, THE REFERENCE ONLY FALLS OF PORTOFINO CONDOMINIUM NO 5, THE REFERENCE ONLY FALLS OF PORTOFINO CONDOMINIUM NO 6, THE REYES, CRISTOBAL & LOYDA 110 9TH ST SW NAPLES, FL 34117---0 SCHMADER, JOHN F VIRGINIA M ELLIOTT 7323 ACORN WAY NAPLES, FL 34119---9625 SHALOM, YEHIEL SAR 4651 SHERIDAN ST STE 480 HOLLYWOOD, FL 33021---3430 SUN, WEIYONG QIUYAN KONG 210 STOKES FARM RD FRANKLIN LAKES, NJ 07417---0 SUNCOAST SCHOOLS FED CR UNION ATTN: CINDY CURTIS 6801 E HILLSBOROUGH AVE TAMPA, FL 33610---4110 TABOR, DONALD J & AGNES H 4241 7TH AVE NW NAPLES, FL 34119---1523 TERIMAKI LLC 175 SW 7TH STREET STE 1611 MIAMI, FL 33130---0 THE FALLS OF PORTOFINO LAND TRUST I 1615 S CONGRESS AVENUE STE 200 DELRAY BEACH, FL 33435---0 UNIVERSAL PROPERTY LLC 175 SW 7 STREET STE 1611 MIAMI, FL 33130---0 UNIVERSAL PROPERTY LLC 175 SW 7 STREET STE 1611 MIAMI, FL 33130---0 UNIVERSAL PROPERTY LLC 175 SW 7TH STREET STE 1611 MIAMI, FL 33130---0 VANDERBILT COMMONS OWNERS' ASSOCIATION INC 2950 TAMIAMI TRL N #200 NAPLES, FL 34103---0 VANDERBILT COMMONS I TRUST 2950 TAMIAMI TRAIL N #200 NAPLES, FL 34103---0 VANDERBILT COMMONS OWNERS ASSN INC 2950 9TH STREET NORTH NAPLES, FL 34103---0 VANDERBILT COMMONS OWNERS ASSN INC 2950 9TH STREET NORTH NAPLES, FL 34103---0 VANDERBILT WAY APARTMENTS LLC 2950 TAMIAMI TRL N STE 200 NAPLES, FL 34103---0 VANDERBILT WAY APARTMENTS LLC 2950 TAMIAMI TRL N STE 200 NAPLES, FL 34103---0 VASSAR, ROBERT A & ANGELA C 7343 ACORN WAY NAPLES, FL 34119---9611 VIGILANTE, ANTHONY KATHLEEN WHITE-VIGILANTE 7319 ACORN WAY NAPLES, FL 34119---0 VIVAS, NEOMI FREDDY VIVAS JACOB AGAY 1669 DIPLOMAT DR MIAMI, FL 33179---6404 WEILAND, JAY H & JOAN M 7338 ACORN WAY NAPLES, FL 34119---9610 WILLIAMS, SEAN S & TARA LEE 7363 ACORN WAY NAPLES, FL 34119---9611 WITT, DAVID C & JOYCE E 7334 ACORN WAY NAPLES, FL 34119---9610 WOERZ, GARY F & ANNA G 7315 ACORN WAY NAPLES, FL 34119---0 POList_500_PL20180003366 Published DailyNaples, FL 34110 Affidavit of PublicationState of FloridaCounties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Na-ples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.___________________________________________________________Customer Ad Number Copyline P.O.#_____________________________________________________________________________________ WALDROP ENGINEERING, P.A. 2281189 Neighborhood Meeting Pub DatesMay 17, 2019 _______________________________________(Signature of affiant) Sworn to and subscribed before meThis May 17, 2019 _______________________________________(Signature of affiant) 14A z FRIDAY, MAY 17, 2019 z NAPLES DAILY NEWS + NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood information meeting held by Waldrop Engineering,P.A. on behalf of Va nderbilt Way Apartments, LLC at the following time and location: Monday, June 3, 2019, at 5:30 p.m. Greater Naples Fire Rescue District Headquarters 14575 Collier Blvd, Naples, FL 34119 Please be advised that Va nderbilt Way Apartments, LLC has filed two (2) concurrent applications (PL20180003366 & PL20180003372) with Collier County.Theseapplicationsareseekingapprovalof:(1)aPUDamendmentforthe Va nderbilt Commons Mixed Use Planned Unit Development (MPUD) to remove the requirement to provide commercial uses on the first floor of the mixed-use building on Lots 5 and 6, and add one (1) deviation relating to building perimeter plantings; AND (2) a Growth Management Plan amendment (GMPA) to allow residential uses on the first floor of buildings on Lots 5 and 6. The GMPA does not request to increase density or intensity and no changes made affect any other portion of the MPUD. The existing MPUD consists of 14.49+/- acres and is generally located immediately north of Va nderbilt Beach Road, approximately ¼ of a mile west of Collier Boulevard in unincorporated Collier County, Florida. WE VA LUE YOUR INPUT Business and property owners and residents are welcome to attend the presentation and discuss the project with the owners’representatives and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed to: Wa ldrop Engineering,P.A. c/o Lindsay Robin 28100 Bonita Grande Dr., Suite 305, Bonita Springs, FL 34135 (239) 405-7777, ext. 2232 OR lindsay.robin@waldropengineering.com *Please note that Greater Naples Fire Rescue District does not sponsor or endorse this program. Summer Rate $38 Includes Green Fee and Cart Quail Run Golf Club 1 Forest Lakes Blvd Naples, FL 34105 239-261-3930 Call for Special Afternoon RatesCall for Special Afternoon Rates Memberships AvailableMembershipsAvailable MEMB E R F O R A D A Y ! A HIDDEN JEWEL IN THE MIDDLE OF NAPLES! HindmanAuctions.com Compliment ary Auction Estimates AMeissen Porcelain Pate sur Pate Four Piece Clock Garniture. Sold for 87,500. 8506th Avenue South Naples,Florida 34102 239.643.4448 naples@hindmanauctions.com hindmanauctions.com/naples SCHEDULE ACOMPLIMENTARY AUCTION ESTIMATE Hindmanspecialists in ourNaples of ficeare currentlyproviding complimentar yauction estimates foryourFineFurniture,Decorative Arts andSilver. Compliment ar y HAPPYHOUR $4 COCKTA ILS $6 APPETIZERS BAR 3PM -8PM 1DINNER PLUS 1GLASS OF WINE $14.99 10711 TA MIAMI TRL ACROSS FROMTRADER JOE’S 239-260-1075ND-GCI0110434-01 SEAFOOD-STEAKS-PASTA Breakfast-Lunch-Dinner 643-2559 933 Airport Rd. S, Naples, FL 34104 3.5 blks. N. of Davis, 1 blk S. of Naples Airport Open Sun 1-5pm • Mon.-Sat. 10am-6pm all widths AAAA - EEEE custom fi tting by trained factory sales staff. We help consumers achieve pain-free walking by providing 5 star service, great selection, and superior quality comfort fashion footwear. NAOT,Mephisto,Ta ryn Rose,Helle Comfort,Wo lky,Cole Haan, Thierry Rabotin,Beautifeel, Sperry,Ecco,Birkenstock,Florsheim, Finn Comfort,New Balance, SAS,Saucony,Asics, Sebago, Hushpuppy,Te va, Merrell,Fit Flop, Orthaheel,Acorn Slippers and many more... COUPONCOUPON www.shoewarehousenaples.com $25 OFF Must present Coupon at time of purchase. Not valid with any other offer. Expires 5/31/19 *Excludes SAS & Mephisto Kybun and Birkenstock Qual it y Co mfort and Service ND-GCI0177716-10 When Sergio Hostins moved from Maine to Saraso- ta in April of 2018, he planned to visit his aunt often. They talked on the phone every other day, and Hos- tins told Teresa Giani, 66, of West Palm Beach, he was looking forward to only being a few hours in the car away. However, Hostins, 55, was killed by a man he was having a relationship with — about six months after he moved to Florida. “Sergio was very friendly,” Giani said. “He liked to help friends and he helped his family a lot in Brazil. He worked here and all he thought about was his family back in Brazil.” Hostins moved to the U.S. as a child and worked at an Italian restaurant in Maine for 22 years. Then he accepted a job near Sarasota that was opening under the same ownership. “He used to do everything,” Giani said. “He would do plumbing, he was a good painter, he was a good waiter, he was a good electrician. He did it all at the restaurant.” Hostins often sent money to his mother and other family he left behind in Brazil , Giani said. “He was such a good person,” she said. “He was a very happy person, Sergio. He was al- ways making jokes.” On Tuesday, a jury found Daniel Da- venport, 31, of Sarasota, guilty of sec- ond-degree murder. Davenport killed Hostins in October 2018, stole his car and credit cards then dumped his carpet-wrapped body at a home in Naples Park, prosecutors said during the trial. The jury also found Davenport guilty of grand theft of a motor vehicle, 10 counts of fraudulent use of per- sonal identification information and unlawful posses- sion of four or fewer identities. Davenport was arrested in Orlando after eluding authorities for more than a week. He and Hostins met on a social media app for gay men, called Grindr, in September 2018 and developed a relationship. The last time Giani talked with her nephew it seemed like he knew he was in danger, she said. A few days before Hostins’ body was discovered at the home in the 700 block of 102nd Avenue North, he called Giani and asked for her address. Hostins told Giani he needed it so authorities would know to contact her in case something bad happened to him. Hostins was at the Department of Motor Vehicles and didn’t have time to explain what was going on. He told her he would call her back later, Giani said. “I gave the address to him, and those were the last words I heard from him,” Giani said. Hostins told a different family member he was fighting with his boyfriend, who kept asking him for money, Giani said. “What happened to Sergio with this guy, it was just for money,” Giani said. “He just wanted more and more money and then Sergio told him to get out because he needed money to pay his own bills.” It was hard for Giani to sit in the Sarasota courtroom for more than a week so close to her nephew’s killer, she said. “There was a lot, a lot of evidence,” Giani said. “They had so much evidence to prove he was guilty.” Twelfth Judicial Circuit Court Judge Stephen Walk- er deferred Davenport’s sentencing, pending a pre- sentence investigation. Everyone, from Hostins’ family to his boss loved him, Giani said. Homicide victim moved to Fla. shortly before his death Sergio Hostins is pictured inside the Italian restaurant he worked at near Sarasota. Hostins was killed about six months after he moved down to Florida from Maine.COURTESY OF TERESA GIANI Jake Allen Naples Daily News USA TODAY NETWORK - FLORIDA Davenport VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 LIST OF REQUESTED DEVIATIONS & JUSTIFICATIONS Vanderbilt Commons MPUD Deviation Narrative Page 1 of 1 JUSTIFICATIONS FOR REQUESTED DEVIATIONS FROM LDC VANDERBILT COMMONS MPUD REVISED JUNE 2019 Deviation No. 3: Deviation from LDC Section 4.06.05.C. “Building Foundation Planting Requirements”, which requires building foundation planting beds for building footprints over 10,000 square feet to be a minimum width of 10-feet, to allow the minimum width of the planting beds to be 8-feet. The Applicant will provide an additional five (5) solitaire palms planted with 10-foot clear trunk to supplement the area of foundation plantings and number of trees required by LDC section 4.06.05.C. This deviation shall only apply to Lots 5 and 6 of the MPUD. JUSTIFICATION: As shown on the PUD Master Plan, Lots 5 and 6 are proposed for residential-only buildings. Due to the design of the building, the Applicant is requesting a reduced building foundation planting width, specifically a reduction from 10-feet required for building footprints over 10,000 square feet, to 8-feet. The Applicant will provide an additional five (5) solitaire palms planted in accordance with LDC Section 4.06.05.D.2. to offset the minor reduction in width of plantable area. The Applicant respectfully submits that the five (5) additional solitaire palms will be located along the primary frontage street side of the building, upholding the intent of the requirement to screen the building with plantings. Please note the Applicant is not requesting relief from the requirements to provide perimeter buffers, or walls, along the parcel or MPUD boundaries, except where a previous deviation has already been approved. These required buffers are shown on the enclosed PUD master plan in accordance with the LDC. VANDERBILT WAY COMMONS LOTS 5 & 6 PUDA CCPC PACKAGE PL20180003366 ORDINANCE 2017-47 ORDINANCE NO. 17 - 4 7 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2005-19, THE CAROLINA VILLAGE PLANNED UNIT DEVELOPMENT BY CHANGING THE NAME OF THE PLANNED UNIT DEVELOPMENT TO VANDERBILT COMMONS PUD; BY ADDING 50,000 SQUARE FEET OF GROSS LEASABLE AREA FOR A TOTAL OF 200,000 SQUARE FEET OF GROSS LEASABLE AREA FOR COMMERCIAL USES; BY DECREASING THE MAXIMUM NUMBER OF DWELLING UNITS FROM 64 TO 58 DWELLING UNITS; BY REVISING THE LEGAL DESCRIPTION AND REDUCING THE ACREAGE OF THE PUD FROM 15.88 ACRES TO 14.49 ACRES; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 15.8+/- ACRES, IS LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 1/4 MILE EAST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. IPUDA-PL201500021661 WHEREAS, on April 26, 2005, the Board of County Commissioners approved Ordinance No. 2005-19, which established the Carolina Village Planned Unit Development (PUD); and WHEREAS, Frederick Hood, AICP of Davidson Engineering, Inc. representing Vanderbilt Commons, LLC, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2005-19, the Carolina Village PUD, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to the PUD Document attached as Exhibit A to Ordinance Number 2005-19, formerly the Carolina Village Planned Unit Development. The PUD Document attached as Exhibit A to Ordinance Number 2005-19, formerly the Carolina Village Planned Unit Development, is hereby amended and replaced with the PUD Document attached hereto as Exhibit A. 16-CPS-01577/1375824/1]243 Page 1 of 2 Vanderbilt Commons/PUDA-PL20150002166 11/3/17 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2017- ={'3 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this I , day of C e 1 b; 2017. 1,0 ,'ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLI 'NTY, FLORIDA By: Attest as to Qbapaurtslerk PE Or AYLOR ,irman tj k signature only. Approved as to form and legality: 4 N A H idi Ashto LL1 1 Managing Assistant County Attorney Attachment: Exhibit A—PUD Document (including Revised Master Plan) This ordinance filed with the Secretary of State's Office 1 1§t"day of ,e-nkk;"--- _" and 1Sof thatd+`` filing received this _----ay afD Byr Deputy , 1`" 16-CPS-01577/1375824/1]243 Page 2 of 2 Vanderbilt Commons/PUDA-PL20150002166 11/3/17 VANDERBILT COMMONS A MIXED USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CAROLINA VILLAGE VANDERBILT COMMONS MIXED USE PUD, A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. PREPARED FOR: WILLIAM L. HOOVER CATALINA PLAZA, LLC 3785 AIRPORT ROAD N., SUITE 8 1 NAPLES, FLORIDA 34105 VANDERBILT COMMONS, LLC 2950 TAMIAMI TRAIL NORTH NAPLES, FL 34103 GEORGE VUKOBRATOVICH AS SUCCESSOR TRUSTEE OF THE VANDERBILT COMMONS I LAND TRUST DATED 8/1/16 C/O WELSH COMPANIES FL, INC. 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 MIDGARD SELF-STORAGE NAPLES, LLC 1905 WOODSTOCK RD, BUILDING #900, SUITE #9100 ROSWELL, GA 30075 VANDERBILT COMMONS OWNER'S ASSOCIATION, INC. C/O WELSH COMPANIES FL, INC. 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 PREPARED BY: RICHARD D. YOVANOVICH GOODLETTE, COLEMAN &JOHNSON, P.A. 1001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 and Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words-struck through have been deleted Exhibit A NORMAN J. TREBILCOCK, P. E., AICP Q. GRADY MINOR & ASSOCIATES, INC. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and 1 1 _ /11111 ? HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B 1 NAPLES, FLORIDA 31105 FREDERICK E. HOOD, AICP DAVIDSON ENGINEERING 4365 RADIO ROAD, SUITE 201 NAPLES, FLORIDA 34104 and R. BRUCE ANDERSON CHEFFY PASSIDOMO, P.A. 821 5TH AVENUE SOUTH NAPLES, FLORIDA 34102 DATE FILED August 9, 2004 DATE REVISED April 9, 2005, October 6, 2017 DATE REVIEWED BY CCPC April 7, 2005, October 5, 2017 DATE APPROVED BCC April 26, 2005, December 12, 2017 ORDINANCE NUMBER 2005-19 AMENDMENTS AND REPEAL Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5.6 SECTION III MIXED USE AREA PLAN g9 SECTION IV PRESERVE AREA PLAN 4-417 SECTION V DEVELOPMENT COMMITMENTS 1518 Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted ii LIST OF EXHIBITS AND TABLES EXHIBIT"A" PUD MASTER PLAN/UTILITIES/WATER MANAGEMENT PLAN EXHIBIT"B" CROSS SECTIONS FOR PUD MASTER PLAN EXHIBIT"C" CAROLINA VILLAGE VANDERBILT COMMONS LEGAL DESCRIPTION EXHIBIT"D" LOCATION MAP EXHIBIT"E" BOUNDARY SURVEY TABLE I DEVELOPMENT STANDARDS Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted iii STATEMENT OF COMPLIANCE The development of approximately 15.88 ±14.49 acres of property in Collier County, as a Mixed Use Planned Unit Development to be known as Carolina Villagc Vanderbilt Commons Mixed Use PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial and residential facilities of the Carolina Village Vanderbilt Commons Mixed Use PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the 14.49-Acre Expansion Area of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict land use designation,as identified on the Future Land Use Map-and as described in the Vanderbilt Beach/Collier Boulevard Commercial Sub-District of the Urban -Mixed Use District in the Future Land Use Element. The Future Land Use Element permits commercial and residential land uses in this area and this Mixed-Use PUD complies with both the commercial and residential development standards within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Expansion Area. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical allocation of community facilities and services as required in Policy 3. 1.G of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project is located within the Urban Mixed Use District 14.49 - Acre Expansion Area of the, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, on the Future Land Use Map. The 64 58 proposed units over commercial uses and resultant density of 4.03 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 1 15.88 Acres for a Mixcd Use Prefect Wit-la residential Uses Over Commercial Uses Within the Vanderbilt Bccach/Collier Boulevard Commercial Subdistrict Maximum Permitted Density 16 dwelling units/acre Maximum permitted units, per the Density Rating System of the Collier County Growth Management Plan = 15.88 acres (Expansion Area acreage) 14.49 acres x 16 dwelling units/acre = 251 231 as the maximum number of dwelling units at a maximum density of 46,99 15.94 dwelling units/acre. Requested Maximum Approved dwelling units=64 58. Requested density=4.03 dwelling units/acre. 8. All final local development orders for this project are subject to Division 6.02, Adequate Public Facilities Requirements. of the Collier County Land Development Code. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 2 SECTION PROPERTY OWNERSHIP AND DESCRIPTION 1. 1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Carolina Village Vanderbilt Commons Mixed Use PUD. 1.2 LEGAL DESCRIPTION The subject property being 15.88±14.49 acres, is located in Section 34,Township 48 South,Range 26 East, and is fully described on Exhibit "C". 1.3 PROPERTY OWNERSHIP The subject property is owned by: The Vanderbilt Beach Road Land Trust, c/o Mark L. Lindner, Trustee, Naples Realty Services, 1980 N.Tamiami Trail, 2nd Floor, Naples, Florida 34103. The subject property is under purchase contract by: William L. Hoover, President of Catalina Land Group, Inc., as the Manager of Catalina Plaza, LLC, 3785 Airport Road North, Suite B 1, Naples, Florida 34105. Vanderbilt Commons, LLC 2950 Tamiami Trail North Naples, FL 34103 George Vukobratovich, as Successor Trustee of the Vanderbilt Commons I Land Trust dated 8/ 1/16 c/o Welsh Companies FL, Inc. 2950 Tamiami Trail North,Suite 200 Naples, FL 34103 Midgard Self-Storage Naples, LLC 1905 Woodstock Rd, Building#900, Suite#9100 Roswell, GA 30075 Vanderbilt Commons Owner's Association, Inc. c/o Welsh Companies FL, Inc. 2950 Tamiami Trail North, Suite 200 Naples, FL 34103 Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 3 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road approximately one-quarter mile west of Collier Boulevard (unincorporated Collier County), Florida. B. The zoning classification of the subject property prior to the date of this approved Mixed Use PUD Document was Rural Agricultural. 1. 5 PHYSICAL DESCRIPTION The Project site is located within the Harvey Drainage Basin, according to the Collier County Drainage Atlas.The proposed outfall for the Project is to the Vanderbilt Canal. Natural ground elevation varies from 12.3 to 13.2 NGVO; average site elevation is about 12.6 NGVO. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25-year. 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge south into the Vanderbilt Canal or discharge north into the Black Bear Ridge Subdivision water management system and eventual southerly discharge into the Vanderbilt Canal. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to:storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment. and wetland hydrology maintenance. Per the Natural Resource Conservation Service Soils Mapping for Collier County dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand. Limestone Substratum. Site vegetation consists predominantly of improved pasture grasses, except a narrow strip of native vegetation along the north property line which is pine cypress-cabbage palm forest. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words,truck through have been deleted 4 1.6 PROJECT DESCRIPTION The Carolina Village Vanderbilt Commons Mixed Use PUD is a project comprised of 15.88±14.49 acres designated for commercial and residential land uses and the commercial uses are limited to a maximum of 150000 200,000 square feet of gross leasable area and the residential land uses are limited to a maximum of€458 dwelling units. The remainder of the square footage may for retail and office land uses and all residential dwelling units shall be located in mixed-use buildings with commercial uses situated on at least the first floor.Commercial and residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering. and native vegetation,whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Carolina Village Mixed Use Planned Unit Development Ordinance" "Vanderbilt Commons Mixed Use Planned Unit Development Ordinance". Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 5 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project,as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Carolina Villagc Vanderbilt Commons Mixed Use PUD shall be in accordance with the contents of this document, MPUD - Mixed Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Carolina Village Vanderbilt Commons Mixed Use PUD shall become part of the regulations,which govern the manner in which the MPUD site may be developed. D. Unless modified,waived or excepted by this MPUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 6.02 Adequate Public Facilities Requirements of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval,or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A. Commercial uses are limited to 15.88 14.49 acres with a maximum of 150,000 200,000 square feet of gross leasable area_ Rfesidential uses are limited to a maximum of 6458 dwelling units and must be located on the second and/or third floors of mixed use buildings with commercial uses on at least the first floor. Carolina Village Vanderbilt Commons Mixed Use PUD is intended to create a pedestrian-friendly atmosphere that encourages area residents to work and shop there and on-site workers to walk to other services, such as having lunch within the project. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words,truck through have been deleted 6 The maximum of 64 58 residential units will not exceed a density of 4.03 units/per acre. The project is shown as 2 tracts, a "North Tract" located north of Carolina Way (the east-west roadway splitting the site) and a "South Tract" located south of Carolina Way. The South Tract is expected to be more retail-oriented with a sit-down restaurant,a bank,and a few residential uses. The North Tract is expected to be more office and service-oriented. The North Tract will likely have both medical and professional offices and some residential uses. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 4.03 Subdivision Design and Layout of the Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 SALES/RENTAL/CONSTRUCTION FACILITIES Temporary sales/rental trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 5.04.04 of the Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code. Section 10.02.13E. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 7 2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words;truck through have been deleted 8 SECTION III MIXED USE AREA PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Mixed-Use Areas as shown on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Mixed Use Areas on the PUD Master Plan are intended to provide a variety of retail uses and office uses,while providing for the opportunity of having residential uses on the second and/or third floor of mixed use buildings,that have commercial uses on at least the first floor.Commercial Areas are limited to a maximum gross leasable area of 150,000 200,000 square feet and residential uses are limited to a maximum of 6458 dwelling units. 3. 3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used,or land used, in whole or part. for other than the following: A. Permitted Commercial Principal Uses and Structures: 1. Amusement and Recreation Services (groups SIC 7911, except dance halls and discotheques, 7922, 7991, 7993 only for indoor video game arcade and indoor coin operated amusement machine. 7999 only for bicycle rental, ice skating rink operation, gymnastics instruction, judo instruction, karate instruction and yoga instruction). 2. Apparel and Accessory Stores(groups SIC 5611—5699 except thrift and or surplus stores). parts dealers, limited to retail sales without any installation). 4. Automobile Parking(group 7521). 63. Paint, Glass, and Wallpaper Stores (group SIC 5231). 64. Business Services (groups SIC 7311, 7313,7323, 7331 —7338, 7361, 7371 — 7379, 7384, 7389 only for service of interior decorating/design, mapmaking, notary public, paralegal service, and Postal Service contract stations). 75. Depository and Non-Depository Institutions (groups SIC 6021-6396091). Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 9 86. Eating Places (group SIC 5812) and Drinking Places (group SIC 5813 only cocktail lounges and on-premise consumption of beer,wine and liquor, in conjunction with a restaurant.) No freestanding food stands and or kiosks are permitted. Drinking Places are subject to the locational restrictions described in Section 2. 6.10 5.05.01 of the Land Development Code. a. Lots 5 & 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) shall have the following limitations: i. No outdoor seating shall be permitted; ii. The hours of operation for any eating place shall be limited to 6 a.m.—4 p.m.; iii. Loading and deliveries shall be from the front entrance only; and iv. The consumption of alcohol is not permitted on these Lots. 97. Educational Services (groups SIC 8211 — 848222, 8243 — 8249, 8299 {r}e—regional li aries). 408. Food Stores with 5,000 square feet or less of gross floor area in the principal structure groups SIC 5411—5499). 449. General Merchandise Stores with 5,000 square feet or less of gross floor area in the principal structure (groups SIC 5311 and 5399 except variety stores: single- price point discount, surplus,overstock or liquidation outlets). 10. Hardware stores with 10,000 square feet or less of gross floor area in the principal structure (SIC 5251). 411. Health Services (groups SIC 8011—8049, 8082). 4-812. Home Furniture, Furnishings and Equipment Stores (groups SIC 5712-5736). 4413. Insurance Carriers, Agents, Brokers, and Services with 5,000 square feet or less of gross floor area in the principal structure (groups SIC 6311—6399, 6411). 4514. Legal Services (group SIC 8111). 4615. Membership Organizations (groups SIC 8611, 8621,8644-8661 only for offices related to religious organizations). 4-716. Miscellaneous Repair(groups SIC 7622, 7629, 7631, 7699 kg only bicycle repair, camera repair, locksmiths, luggage repair, medical/dental instrument repair, musical instrument repair, piano repair, saw/knife sharpening service, and custom picture framing). 4817. Miscellaneous Retail (groups SIC 5912, 5921, 5932 {antiques only-p, 5941 — 5949, 5961, 6964, 5992, 5994—5999 (except auction rooms, awning shops, fireworks, flea markets, gravestones, hot tubs, monuments, pawn shops, sales barns, swimming pools, Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words struck through have been deleted 10 tombstones and whirlpool baths).{The sale of swimming pool accessories and supplies is allowable under SIC 5999 but not the sale of swimming pools4. 19. Motion Picture Th aters and Video Tape Rental (groups 7832 7811). 29:18. Museums and Art Galleries (gip SIC 8412). 2-119. Personal Services (group SIC 7212 only dry-cleaning and laundry drop off and pickup stations ery, 7221 — 7251, 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental,massage parlor, and tanning salon). 2220. Professional Offices, Research, and Management Consulting Services (groups SIC 8711- 8743, 8748). 2321. Public Administration (groups SIC 9111 9199, 9229, 9311, 9411 9151 and 9431, 9511 9532, 9611—9661, 9221). 2422. Real Estate Agents and Managers (groups SIC 6512, 6531— 6552). 2623. Security and Commodity Dealers (groups SIC 6211—6289). 2-624. Social Services (gip SIC 8322 only adult day care services, counseling services, and senior citizens associations, 8351). 2-725. Travel Agencies (group SIC 4724). 2826. Any other use which is comparable and compatible in nature with the foregoing list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by the Board of Zoning Appeals (BZA). Prior to the approval of any uses, the applicant shall provide public notice in addition to an advertisement for the hearing which shall include a neighborhood information meeting, mailings and signage in the same manner as that required for substantial amendments to a Planned Unit Development. B. Permitted Residential Principal Uses and Structures: 1. Multi-Family dwellings. 2. Any other use which is comparable in nature with the foregoing list of permitted principal and the accessory uses by the Board of Zoning Appeals (BZA). C. Accessory Commercial Uses: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this PUD Document. 2. Drinking Places (group 5813 only cocktail lounges and on premise consumption of beer, wine, and liquor in conjunction with a restaurant). Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 11 32. Caretaker's residences subject to Section 5.03.05 of the Collier County Land Development Code. D. Accessory Residential Uses: 1. Customary residential accessory uses and structures including carports, garages, and storage buildings. 2. Recreational. uses and facilities including swimming pools, hot tubs, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, clubhouse, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Carports are permitted within parking areas. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 12 3.4 PROHIBITED USES 1. Auto stores (SIC 5531, tire dealers, and tire, battery, and accessory dealers— retail, and auto supply stores with service bays, lifts or other facilities for installing such automotive parts). 2. Gasoline service stations, and other facilities with fuel pumps (SIC 5541). 3. Fast food restaurants with drive-through lanes. 4. Any freestanding donation boxes/kiosks. 5. Outdoor amplified sound devices,televisions or live entertainment,with the exception for approved temporary use/event permits as outlined in LDC Section 5.04.01. 6. Adult entertainment and sexually oriented businesses 7. Lots 5&6(as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County)shall not provide main public access entryways along the northern facades of any proposed building. 3.45 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Carolina Village Vanderbilt Commons Mixed Use PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive,the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive,the setback is measured from the road easement or property line. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words struck through have been deleted 13 TABLE I MIXED USE DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the Vanderbilt Commons MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. COMMERCIAL USES RESIDENTIAL USES Minimum Lot Area 10,000 Sq Ft. square feet SCU on First Floor10,000 square feet Minimum Lot Width 751 feet(1) SCU on First Floor 75 feet(1) Front Yard Setback 201 feet SCU on First Floor 20 feet Side Yard Setback(2) 1-Story 61 feet SCU on First Floor 6 feet 2-Story 7.5-feet SCU on First Floor 7. 5 feet 3-Story 10-feet SCU on First Floor 10 feet Rear Yard Setback Principal Structure 151 feet SCU on First Floor 15 feet Accessory Structure 101feet 101feet PUD Boundary Setback Principal Structure BH BH Accessory Structure 101 feet or buffer width 101 feet or buffer width Lake Setback(3) 201 feet or 0'feet 201 feet or 0'feet Preserve Area Setback Principal Structure 251feet 251feet Accessory Structures or 10 feet Other Site Alterations 10'feet Distance Between Structures Main/Principal 1-Story to 1-Story 121 feet 4i 13.5 feet 1-Story to 2-Story 13.51 feet 13. 5' 15 feet 2-Story to 2-Story 151 feet 455'-17.5 feet 2-Story to 3-Story 17.51 feet 17.5' 20 feet 3-Story to 3-Story 201 feet 201 12 feet Accessory Structures Same as principal structure Same as principal structure Maximum Height(4) Retail Building 35 feet and 1-story N/A Office Building 42 feet and 3-stories N/A Accessory Building 35 feet 35'feet Mixed-Use Building(4) 451 feet and 3-stories 45-feet and 3-stories 700 square feet of principal 580700 square feet per dwelling unit Minimum Floor Area structure on first habitable floor Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 14 1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%. 2)Where fee simple lots are created for each building unit no side yard shall be required between interior units of a unified principal structure. and the side yard shall be measured from the exterior wall(s)of the unified principal structure. 3) Lake setbacks are measured from the control elevation established for the lake. Lake setbacks can be reduced from 20'to 0'where a stemwall bulkhead or pier is constructed and the requirements of Section 4.02 05 of the LDC are met. 4) Retail uses are limited to the first floor of any building residential uses are limited to the second and third floors of mixed-use buildings (structures with retail or office uses on the first floor and office or residential uses on the second and third floors) Note 'BH" refers to building height_and "SCU" refers to same as thc commercial use on thc first floor of the mixed use building the residential use is located in. B. Off-Street Parking and Loading Requirements: As required by Division 4.05 Off-Street Parking and Loading of the Land Development Code in effect at the time of building permit application. Off-site parking is permitted where a shared parking facility is located within 300 feet of the building requiring such parking. C.Buffering Requirements: 1. A minimum twenty(20)foot wide Type "D" Buffer shall be provided along Vanderbilt Beach Road, with the landscaping as required in Section 4.06.02 of the Collier County Land Development Code. D. Commercial Design Standards The project shall meet the commercial design standards within Division 5.05.08 of the Collier County Land Development Code. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 15 E.Deviations 1. Deviation from Land Development Code(LDC)Section 5.06.04.G 5.06.01A.6.a. c.,in order to to allow one double-faced off-premises sign with a maximum of 8 feet in height and 32 64 square feet in area, located in the road right-of-way e . •. -- Carolina Village (labeled Pristine Drive on Exhibit "A") and on the west side of the Carolina Village advertising.The sign will be limited exclusively to no more than 3 residential developments within the abutting Wolf Creek PUD. The proposed sign must meet all vehicular safety sight distance standards for Collier County and have a minimum 10-foot setback from the Vanderbilt Beach Road right-of-way, as described in Section 5.06.04A.6.a. of the LDC. The proposed sign must be externally illuminated only. lighted and not internally lighted. This having the sign looking out of balance if it were located solely on the western half of the median in the road, and also minimizes confusion for visitors and deliveries to the 3 residential projects. Once Pristine Drive is accepted by the Board of County Commissioners as a public road, any structural changes to the sign shall require a right-of-way permit. The signage shall be perpetually maintained by the homeowner's associations of the developments named on the sign. The County at any time after the road becomes public may require the sign to be relocated for road expansion or to address capacity or safety issues. Vanderbilt Commons MPUD P U DA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 16 SECTION IV PRESERVE AREA PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan, as may be amended pursuant to Section 5.3. 4.2 PERMITIED USES No building, structure or part thereof,shall be erected, altered or used, or land used, in whole or part,for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 3. Native preserves and wildlife sanctuaries. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words struck through have been deleted 17 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5. 2 GENERAL A. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this MPUD, in effect at the time of building permit application. B. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code shall apply to this project even if the land within the MPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. C. The developer, his successor or assignee,shall follow the PUD Master Plan and the regulations of this MPUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 18 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT submittal.The project is expected to be completed in one(1)or two (2) phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. The third anniversary date of this MPUD traffictraffic lanes arc open to traffic) of the 6 laning projects on both Collier Boulevard, between Boulevard and Collier Boulevard. One entity ( hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is The Vanderbilt Commons Owner's Association, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity.As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. l3. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. 5. 5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 4.03 Subdivision Design and Layout. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck througn have been deleted 19 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for any proposed lake(s) in accordance with Collier County and SFWMD rules. D. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-five(25)feet where a six (6)foot high fence or suitable substantial barrier is erected. 5.7 UTILITIES A: Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88- 76, as amended, and other applicable County rules and regulations. 5. 8 TRAFFIC A. All traffic control devices.signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards MUMS),current edition,FDOT Design Standards,current edition,and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). B. Arterial level street lighting must be provided at all development access points.Access lighting must be in place prior to the issuance of the first Certificate of Occupancy. C. Access points. including both driveways and proposed streets, shown on the PUD Master Plan arc considered to be conceptual. Nothing depicted on any such PUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions.All such accesses shall be consistent with the Collier County Access Management Long Range Transportation Plan. The number of access points constructed may be less than the number depicted on the PUD Master Plan; however, no additional access points shall bo considered unless a PUD Amendment is processed. D. 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 required improvements shall be in place and available to the public prior to the issuance of the first Certificate of Occupancy. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 20 e :•-.- - ' ar ended- F. All work within Collier County rights of way shall require a Right of Way Permit. G. All proposed median openings shall be in accordance with the Collier County Access Resolution 01 247), as amended, and the LDC. as it may be amended- Collier County reserves the right to modify or close any median openings existing at the.time of approval of this MPUD which is found to be adverse to the health, safety and welfare of the public.Any such modifications shall be based on,but arc not limited to.safety,operational circulation,and roadway capacity. 4-4. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress.a point of egress or a median opening, nor the lack thereof. shall be the basis for any future cause of action for damages against Collier County by the developer. its successor in title,or assignee. 4. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments, with possible exceptions for Buckstone Drive and Pristine Drive, shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right of way or asement, compensating right of way, shall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right of way or casement is determined to be necessary, the cost of such improvement shall be borne by the developer and by County before the issuance of the first Certificate of Occupancy. A. 1 Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. M. The developer shall provide a copy of a shared road agreement for both Pristine Drive and payments on each prior to the issuance of the first Certificate of Occupancy. N. The project may commence construction of infrastructure, site work, and buildings upon receiving all applicable permits,however Certificates of Occupancy for any buildings shall not lanes arc open to traffic) of the 6 laning projects of both Collier Boulevard, between Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 21 B. A west bound right turn lane on Vanderbilt Beach Road, at the intersection of Pristine Drive and Vanderbilt Beach Road, shall be constructed by the Owner(s) prior to the certificates of occupancy for any building within Lot 3, as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County. C. An east bound left turn lane on Vanderbilt Beach Road, at the intersection of Pristine Drive and Vanderbilt Beach Road, shall be constructed by the Owner(s) at the earliest of either the granting of the certificates of occupancy for any building within Lots 5 and or 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) or within five years of the adoption of this PUD amendment. D. The maximum trip generation allowed by the proposed uses(both primary and ancillary) may not exceed 547 PM Peak Hour,two-way trips (total external with pass-by trips subtracted). E. Access to all parcels within the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County, or as amended, shall be from Vanderbilt Way. F. No public access or circulation drives shall be provided to, from or within lots 4, 5 and 6 (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County) between the northernmost property boundary lines(shared boundary with Black Bear Ridge of the Wolf Creek PUD) and the northernmost structures governed by their PUD setbacks) of the identified lots. G. Nothing in this PUD shall have any effect upon the obligations under any private agreements. 5.9 PLANNING Pursuant to Section. 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. B. All conservation/ preservation areas shall be designated as Preserve on all construction plans, and shall be recorded on the plat as a separate tract or easement with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2,2017 Words added are underlined and words struck through have been deleted 22 In the event the project does not require platting,all conservation areas shall be recorded as conservation/ preservation tracts or easements dedicated to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. An exotic vegetation removal, monitoring, and maintenance ( exotic-free) plan for the site, with emphasis on the conservation/ preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. D. Any perimeter berms, shall be entirely outside of all upland and wetland preserve areas. E. A minimum of 0.17 acres of native vegetation shall be preserved on-site, including all 3 strata. and emphasizing the largest contiguous area possible. If created preserves will be used to make up any of the acreage, the landscape plans shall re-create the native plant community in accordance with Section 3.05.07 of the Collier County Land Development Code) shall be submitted with the First Development Order submittal for review and approval. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. A Preserve Area Management Plan shall be provided to Environmental Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species,fire management,and maintenance. H. This MPUD shall be consistent with the Environmental Section of the GMP Conservation and Coastal Management Element and the Land Development Code at the time of final development order approval. I. This MPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A Habitat Management Plan for those species shall be submitted to environmental review staff for review and approval prior to Site Plan approval. J. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/Construction Plan approval. 5.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a temporary construction site office or temporary sales/rental facility. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 23 5.12 SIGNS Signs for this mixed-use project shall be permitted as described in Section 5.06 of the Collier County Land Development Code. 5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Chapter 4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POLLING PLACES Pursuant to Section 4.07.06 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to: condominium associations, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 5.15 LIGHTING Lighting provided at the rear of any building and structure adjacent to the Black Bear Ridge Subdivision,for development on lots 5 and 6, (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County)shall be in the form of shielded structure mounted sconces. These shielded structures shall be placed no higher than 10-feet measured from finished floor of the building or structure. The areas identified shall be free of"pole lighting". 5.16 ADDITIONAL SCREENING Owner(s) shall construct a 6-foot wall at the rear of lots 5 and 6; abutting the Black Bear Ridge Subdivision (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County).No wall will be located along Tract C,the Preserve Area. Vanderbilt Commons MPUD PUDA-PL20150002166 November 2, 2017 Words added are underlined and words struck through have been deleted 24 3 I RPUDOf-I °II D-I A D N C RPUDWOLFCREEK WOLF CREEKRI {[ ° N m m O IRERESIDENTIAL)RESIDENTIAL)P A N m AO3NC) Am• COy m D Z0CZ > m D PRISTINE DRIVE-RIGHT-OF-WAYDz731MIzN20'TYPE D LANDSCAPE BUFFERNm• 0 n 03 D 0 i, f .,` '" I I q0•TYPED LANDSCAPE BUFFERmOOIrEArF 101yIm264— 1p I I Inco 2N. Fr I+ N. 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T Q OHECKED Bv tSHEET TITLE I2NW NINTH STREET NORTH, r,6~6 a w S0E20, SUITE 101 pRp-0CT NO.: Caplet Porde W 34 6 CONCEPTUAL MASTER PLAN NCTLEs,il;alo3<a3s q x y^ Carp,can a. t.,woN..J\, J His1 i0f4, 2 ,..e liriisr— py „AO .! 8 vmg Oi;i 14 mF. 41 ll I Q, — z g ZZ a N 1 1 oQ„ 2 V8 a 42 XY a igi lig PI 1 ; 1 iti ani p rj s 4 ! 2 n ; p Yi8 4E 4 PZ 1-Mr 5 111 11E1 I N a(..:, 3 s g ;' cs I nIit1' g m I = 8 cn = I C q33 . . 19 aeIP70nD11C I is s $ >- So z 3a A ii; 7 Z I 4; 5 , '4 z k-;r y A. zea A_.F R9 2aF r X W a X1 gi c e gm4 i4 3 1 Exhibit "G" Carolina Village Legal Description THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT VANDERBILT BEACH ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBEDASFOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°46'10" WEST. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 1,322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THESOUTHWEST1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH02°14'20"WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST1/4 OF SAID SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTHRIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD. A 175 FOOT WIDE RIGHT-OF-WAY,AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCECONTINUENORTH02°14'20"WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OFTHESOUTHEAST1/4 OF SAID SECTION 34. FOR A DISTANCE OF 523.93 FEET TO THENORTHEASTCORNEROFTHESOUTH1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST1/4 OF SAID SECTION 34; THENCE RUN NORTH 89°47'36" WEST, ALONG THE NORTH LINEOF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION34, FOR A DISTANCE OF 1,322.04 FEET TO THE NORTHWEST CORNER OF THE SOUTH1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUNSOUTH02°13'26" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THESOUTHEAST1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.38 FEET TO A POINT ONTHE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD: THENCE RUNSOUTH89°46'10" EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILTBEACHROAD, FOR A DISTANCE OF 1,322.20 FEET TO THE POINT OF BEGINNING;CONTAINING 15.879 ACRES, MORE OR LESS. EXHIBIT "D " LOCATION MAP N W - -- E s PROPOSED NA GEL — CRA I G RESIDEN TIA L PUD 0 oc NOL F CREEK Loop Rd. RESID. PUD WOLF CREEKMISSION ai RESID. 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EA - ;tNot p -3 -Itselidtii!. . lsisi bei 1;; „.4' ; i li : i ml t f *,.: . ,. -•.- 1 .... 1i14IZ!i44:01,11610,14 lit ' 11 " : ii =s1 11 ;,11.1 t& t 1—;11 ;111i4illitrVi:1!116: i, I it. . t la a 4.9 0 ,.., 0 .•,;Tt .14:0 s tqw 111 al f. hli: g o I!...t :.., v , t ,t 4,i4s;,-..1,till le" "il; ligavga i t,. g t* 1 41ti11. Z1Ctlt,4 II. CANAL O.W. A.- - M. ..itgotWARDCR.95/ 11 tie' I a 1 t g ••••"'N1ZA4 X ik g.t... . it [... igt 1 -,,. H fa 6.1 rr- Etri - I z. .-1 IE 0 6; 1.! k '''z..! ''-1 i- ..' •'!.kr $ ''' •'- AI arven-w 32503' 1 i4FIII.-,21t- 77_jIt';4".•tt'= 7. 4 I I C I 44. II I t140, I I: I7, ttt I4.1 i` ft I 4VI . i - 1%,. 4 . ' i . t `45' .4 • g.=.i 1 1 t t 1 1il il. I s -1 I - •4 'C..1' ' ' "576 I I - I • . - IV-r-4,1=4:•;:......... 1--"-'1) 1 4A itii 1 i 1 It111I14 •1 t§1 I . aft/I/WV 4,\ 4440, 4I. --- e I 0, 01 sit, K L. e 7a at. y FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 15, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 17-47, which was filed in this office on December 15, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us RICK SCOTT Governor KEN DETZNER Secretary of State R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us August 8, 2018 Ms. Crystal K. Kinzel, Interim Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your corrected electronic copy of Collier County Ordinance No. 17-47, which was filed in this office on August 8, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 9.B.9 Packet Pg. 147 Attachment: Legal Ad - Agenda ID 9777 (9777 : PL20180003366-Vanderbilt Commons PUD)