Ordinance 2019-34 ORDINANCE NO. 19 - 34
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2005-19, AS AMENDED, THE VANDERBILT COMMONS PLANNED
UNIT DEVELOPMENT; BY REMOVING THE REQUIREMENT
THAT RESIDENTIAL DWELLING UNITS BE LOCATED IN MIXED-
USE BUILDINGS WITH COMMERCIAL ON THE FIRST FLOOR
AND ALLOWING STAND-ALONE RESIDENTIAL BUILDINGS; BY
REDUCING THE DENSITY TO 53 DWELLING UNITS; BY REVISING
THE MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE
SUBJECT PROPERTY, CONSISTING OF 14.49+/- ACRES, IS
LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD
AND APPROXIMATELY 1/4 MILE WEST OF COLLIER
BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. [PL20180003366]
WHEREAS, on April 26, 2005, the Board of County Commissioners approved Ordinance
No. 2005-19, which established the Carolina Village Planned Unit Development (PUD); and
WHEREAS, on December 12, 2017, the Board of County Commissioners approved
Ordinance No. 17-47, which changed the name of the PUD to Vanderbilt Commons PUD among
other changes; and
WHEREAS, Lindsay F. Robin, MPA of Waldrop Engineering, P.A. and Jeffrey Wright
of Henderson, Franklin, Starnes and Holt, P.A. representing Vanderbilt Way Apartments, LLC,
petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance
2005-19, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendments to the PUD Document attached as Exhibit A to Ordinance
Number 2005-19, as amended, now known as Vanderbilt Commons
Planned Unit Development.
The PUD Document attached as Exhibit A to Ordinance Number 2005-19, as amended,
now known as Vanderbilt Commons Planned Unit Development, is hereby amended and
replaced with the PUD Document attached hereto as Exhibit A.
[19-CPS-01878/1497474/I] 104 Page 1 of 2
Vanderbilt Commons/PUDA-PL20180003366
9/12/19
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. 2019-33 becomes
effective.
PASSED AND DULY ADOPTED by1,�per-majority vote of the Board of County
Commissioners of Collier County, Florida,this Sfti` day of Q e )-.6 1>c ( , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIERlit, LORIDA
AA
By: i^� By:
Attest as to Chairmat�epu'y C er + W; iam L. McDaniel, Jr., C firman
signature only. i1
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—PUD Document(including Revised Master Plan)
This ordinance filed with thta
Sscr tory of Stote's Of fje tt
l F doy of ( i b r ( .
and acknowledgemerit,pf:-that
fili.• re eived this - 11114doy
of IR '
By 11
Dw C
•
[19-CPS-01878/1497474/1] 104 Page 2 of 2
Vanderbilt Commons/PUDA-PL20180003366
9/12/19
VANDERBILT COMMONS
A MIXED USE PLANNED UNITDEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE VANDERBILT COMMONS MIXED USE
PUD, A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE .
PREPARED FOR:
VANDERBILT WAY
APARTMENTS, 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.
29.50 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL
34103
MIDGARD SELF STORAGE NAPLES, LLC
-ROSWELL GA 30075
VANDERBILT COMMONS OWNER'S ASSOCIATION, INC. C/O WELSH
COMPANIES FL, INC.
2950 TAMIAMI TRAIL NORTH, SUITE 200
NAPLES, FL 34103
7205 VANDERBILT WAY, LLC
PTA-CS#5406
PO BOX 320099
ALEXANDRIA, VA 22320
Lot 3 VANDERBILT COMMONS, LLC
C/O WELSH COMPANIES FL INC.
2950 TAMIAMI TRAIL NORTH STE 200
NAPLES, FL 34103
PREPARED BY:
FREDERICK E. HOOD, AICP DAVIDSON
ENGINEERING 1365 RADIO ROAD,SUITE
201 NAPLES, FLORIDA34104
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LINDSAY F. ROBIN, MPA
WALDROP ENGINEERING, P.A.
28100 BONITA GRANDE DRIVE STE 305
BONITA SPRINGS, FL 34135
and
R. BRUCE ANDERSON CHEFFY
PASSIDOMO, P.A. 821 5TH AVENUE
SOUTH NAPLES, FLORIDA 31102
JEFF WRIGHT
HENDERSON, FRAKLIN, STARNES & HOLT, P.A.
8889 PELICAN BAY BLVD.
NAPLES, FL 34108
DATE FILED August 9, 2004
DATE REVISED April 9, 2005, October 6, 2017, March X, 2019
DATE REVIEWED BY CCPC April 7,2005,October 5,2017. X
DATE APPROVED BCC April 26, 2005, December 12, 2017 X
ORDINANCE NUMBER 2005-19
AMENDMENTS AND REPEAL
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TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES iii
STATEMENT OF COMPLIANCE 4-5
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 32
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 612
SECTION III MIXED USE AREA PLAN 912
SECTION IV PRESERVE AREA PLAN 4-712
SECTION V DEVELOPMENT COMMITMENTS 4-8-20
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LIST OF EXHIBITS AND TABLES
EXHIBIT"A" PUD MASTER PLAN/UTILITIES/WATER MANAGEMENT PLAN
EXHIBIT"B"CROSS SECTIONS FOR PUD MASTER PLAN
EXHIBIT"C"VANDERBILT COMMONS LEGAL DESCRIPTION
EXHIBIT"D"LOCATION MAP
EXHIBIT"E" BOUNDARY SURVEY
TABLE I DEVELOPMENT STANDARDS
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STATEMENT OF COMPLIANCE
The development of approximately 14.49 acres of property in Collier County, as a Mixed Use Planned Unit
Development to be known as 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 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 14.49-Acre Expansion Area of the, Vanderbilt Beach/Collier
Boulevard Commercial Subdistrict, on the Future Land Use Map. The 55 53 proposed units ever-
commercial uccs and resultant density of 3.65 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:
Maximum Permitted Density 16 dwelling units/acre
Maximum permitted units, per the Density Rating System of the Collier County Growth
Management Plan =} 14.49 acres x 16 dwelling units/acre = 231 as the maximum number of
dwelling units at a maximum density of 15.94 dwelling units/acre .
Maximum Approved dwelling units= 53_53.
Requested density=4.03 3.65 dwelling units/acre.
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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.
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SECTION I
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 Vanderbilt Commons Mixed Use PUD.
1.2 LEGAL DESCRIPTION
The subject property being 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:
Vanderbilt Apartments Common&,
LLC 2950 Tamiami Trail North
STE 200
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, LLG
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
7205 Vanderbilt Way LLC
PTA-CS#5406
PO Box 320099
Alexandria, VA 22320
Lot 3 Vanderbilt Commons LLC
c/o Welsh Companies FL Inc.
2950 Tamiami Trail North STE 200
Naples, FL 34103
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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 At las. 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-sit e 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 elevation s,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.
1.6 PROJECT DESCRIPTION
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 54 53 dwelling units. -- -• - _ •- -_-- - ._ -. - _ - - _ _-
commercial uses cituatod 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.
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1.7 SHORT TITLE
This Ordinance shall be known and cited as the"Vanderbilt Commons Mixed Use Planned Unit
Development Ordinance".
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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 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 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 LANDUSES
A. Commercial uses are limited to 14.49 acres with a maximum of 200,000 square feet of
gross leasable area. Residential uses are limited to a maximum of 54 53 dwelling units
atcd on the second and/or third floors of mixed use buildings, with
commercial uses on at least the first floor. 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.
The maximum of 5453 residential units will not exceed a density of 3.651.03 units/per
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acre .
The project is shown as 2 tracts , a "North Tract" located north of Carolina Way (the east
west roadway splitting the cite) and a "South Tract" located south of Carolina Way. The
a few residential uses. The North Tract is expected to be more office and service oriented.
Tho 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 Sect ion 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 Sit e
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.
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.
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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, and residential uses,_w#ile
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
fleet: Commercial Areas are limited to a maximum gross leasable area of
200,000 square feet and residential uses are limited to a maximum of 54 53
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 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.
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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), if developed with commercial, 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 —8 2 2 2, 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).
1 5. 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).
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).
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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, 961 1- 9661, 9221).
22. Real Estate Agents and Managers (SIC 6512, 6531- 6552).
2 3. 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.
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. Caretaker's residences subject to Section 5.03.05 of the Collier County Land
Development Code.
D. 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.
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4. Gatehouse.
5. Essential services, including interim and permanent utility and maintenance
facilities.
6. Carports are permitted within parking areas.
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.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the 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.
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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 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 Same as principal structure
structure
Maximum Height 44)
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 45 feet and 3-stories 45 feet and 3-stories
Building{4).
700 square feet of 700 square feet per dwelling unit
Minimum Floor Area principal structure on first
habitable
floor
(1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%.
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Page 16 of 23
(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.
(1) Retail uses are limitod to tho first floor of any building recidontial usos are limited to the second and
third floors of mixed use buildings (structuros with rot ail or office uses on tho first floor and office or
residential uses on the second and third floors)
Note'BH' refers to building height.
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-,for buildings that have a commercial component.
E. Deviations
1. 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 distance standards for Collier County and have a minimum 10-foot
setback from the 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 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.
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Page 17 of 23
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.
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Page 18 of 23
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 plat t ed. 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 10.02.6E. 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.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
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 Sect ion . When the PUD is closed-out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of PUD commitments.
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Page 19 of 23
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.
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 SOP 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
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. 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.
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.
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Page 20 of 23
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 Lot 4 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. 2.03.07 E. 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.
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
fin 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.
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Page 21 of 23
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.
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.
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Page 22 of 23
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.
MZ MISCELLANEOUS
A. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
B, In residential-only buildings, dwelling units shall be rented for no less than 12-month periods.
C— In residential-only buildings,garages shall be provided for ground-floor units.
l2 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.
E. In residential-only buildings, ground-floor patios will be located on the south side of the building
Cz If all residential is built on Lots 5&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.
All other state or federal permits must be obtained before commencement of the development.
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Page 23 of 23
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Exhibit "C'
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 DESCRIBED
AS FOLLOWS,
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 THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH
02°14'20"WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 34, FOR A DISTANCE OF 145.13 FEET TO A POINT ON THE NORTH
RIGHT-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; THENCE
CONTINUE NORTH 02°14'20"WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF
THE SOUTHEAST 1/4 OF SAID SECTION 34. FOR A DISTANCE OF 523.93 FEET TO THE
NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 34; THENCE RUN NORTH 89°47'36"WEST, ALONG THE NORTH LINE
OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION
34, FOR A DISTANCE OF 1,322.04 FEET TO THE NORTHWEST CORNER OF THE SOUTH
1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN
SOUTH 02°13'26" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.38 FEET TO A POINT ON
THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD; THENCE RUN
SOUTH 89°46'10" EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT
BEACH ROAD, 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
c.*W E
PROPOSED
NA GEL -CRAIG
RESIDENTIAL
PUD
0
WOLF CREEK Loop Rd.
(f)
RESID. PUD
WOLF CREEK MISSION
631
RESID. PUD cr) Subject Site HILLS
c)_/ //// /-///////
e /////////////,( SHOPPING
////////// ///
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
October 14, 2019
Ms. Martha Vergara, BMR &VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-34, which was filed in this office on October 11, 2019.
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