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Backup Documents 10/08/2019 Item # 9B October 8, 2019 98 GMPA-PL20180003372/CPSS-2019-2 & COLLIER CO PL REQUEST FOR LEGAL ADVE. -20180003366 Vanderbilt Commons To: Clerk to the Board: Please place the following as a: X Normal Legal Advertisement 0 Other: (Display Adv.,location,etc.) ********************************************************************************************************** Originating Dept./Div.: CiNID/Zoning Person: Marcia R. Kendall,Senior Planner Date: 09/09/2019 Petition No.(If none,give brief description): PL20180003372/CPSS-2019-2 Petitioner:(Name&Address): Vanderbilt Way Apartments, LLC,2950 Tamiami Trail N., Ste 200,Naples, FL 34103& Lindsay Robin, Waldrop Engineering,28100 Bonita Grande Dr.,#305, Bonita Springs,FL 34134 Name& Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet)N/A Hearing before X BCC BZA Other Requested Hearing date:October 8,2019(Based on advertisement appearing 20 days before hearing). Newspaper(s)to be used: (Complete only if important): X Naples Daily News Account#068778 0 Other 0 Legally Required • Purchase Order number: 4500195266 Proposed Text:(Include legal description&common location& Size: the ad should he a% page advertisement and must not he placed in that portion of the newspaper where classified ads appear. Companion petition(s). if any& proposed hearing date: PL20180003366 Does Petition Fee include advertising cost?X Yes D No. If Yes.what account should be charged for advertising costs: 138317-649100-00000 Reviewed b- Division Administrator or Designee Date List Attachments: Ordinance vv/Exhibit"A"attachments& 2x3 advertisement map DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to D Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR //CLERK'S Date OFFICE USE ON1Y:Received: ate of Public hearing: /b///9 Date Advertised:, Ii_ 98 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on October 8, 2019, commencing at 9:00 a.m., in the Board of County Commissioners chamber, third floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL. The purpose of the hearing is to consider: AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO REVISE THE VANDERBILT BEACH/COLLIER BOULEVARD COMMERCIAL SUBDISTRICT OF THE URBAN MIXED USE DISTRICT AS TO LOTS 5 AND 6 OF THE VANDERBILT COMMONS SUBDIVISION TO REMOVE THE REQUIREMENT TO PROVIDE COMMERCIAL USES ON THE FIRST FLOOR WITH RESIDENTIAL UNITS ON THE UPPER STORIES AND ALLOW BUILDINGS TO BE ALL RESIDENTIAL USES ON LOTS 5 AND 6; AND DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. LOTS 5 AND 6 COMPRISE 10 ACRES WITHIN THE 47.94± ACRE SUBDISTRICT LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY ' MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. [PL20180003372] 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 EAST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20180003366] 1 9B " All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, FL., between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, the materials will be made available for inspection at the Collier County Clerk's Office, fourth floor, suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the GMD Zoning Division, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to October 8, 2019 will be read and considered at the public hearing. Any person who decides to appeal any decision of the Collier County Planning Commission will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: /s/ Deputy Clerk (SEAL) 2 98 r o3 o. o_ =io o 00 nlir • Collier BL•VD� @,oed 96 ORDINANCE NO. 19- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO REVISE THE VANDERBILT BEACH/COLLIER BOULEVARD COMMERCIAL SUBDISTRICT OF THE URBAN MIXED USE DISTRICT AS TO LOTS 5 AND 6 OF THE VANDERBILT COMMONS SUBDIVISION TO REMOVE THE REQUIREMENT TO PROVIDE COMMERCIAL USES ON THE FIRST FLOOR WITH RESIDENTIAL UNITS ON THE UPPER STORIES AND ALLOW BUILDINGS TO BE ALL RESIDENTIAL USES ON LOTS 5 AND 6; AND DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. LOTS 5 AND 6 COMPRISE 2.51 ACRES WITHIN THE 47.94±ACRE SUBDISTRICT LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 'A MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20180003372] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioner, Vanderbilt Commons, LLC has initiated this amendment to the Future Land Use element; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small-Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and [19-CMP-01050/1486190/1]38 Vanderbilt Commons Lots 5&6 SSGMPA Page 1 of 3 7/10/19 98 WHEREAS, the Collier County Planning Commission (CCPC) on considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on ; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment and map are attached hereto as Exhibit"A"and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. [19-CMP-01050/1486190/1]38 Vanderbilt Commons Lots 5&6 SSGMPA Page 2 of 3 7/10/19 9B PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk William L. McDaniel, Jr.,Chairman Approved as to form and legality: ,C P%l'\� Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—text and map [19-CMP-01050/1486190/1]38 Vanderbilt Commons Lots 5&6 SSGMPA Page 3 of 3 7/10/19 913 Exhibit PL20180003372/CPSS-2019-2 EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** text break *** *** *** *** I. URBAN DESIGNATION *** *** *** *** text break *** *** *** *** A. Urban Mixed Use District *** *** *** *** text break *** *** *** *** 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict [Page 36] This Subdistrict is located in the northwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, consisting of approximately 47.94 acres, comprised of 33.45 acres of land for the existing area and 14.49 acres of land for the expansion area, as depicted on the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map. The intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services and employment for neighboring and Golden Gate Estates residential areas,as well as to promote mixed- use development -.•--- '- - -- - - .- •--- - - - . The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring and Golden Gate Estates residents, assist in minimizing the road network required, and reduce traffic impacts in this part of Collier County. This Subdistrict is further intended to create a neighborhood focal point and any development within this Subdistrict will be designed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood. 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. Financial services and offices shall be limited to three(3) stories. A combination of these uses in a single building—financial services and/or offices over retail uses — shall be limited to three (3) stories. Also, mixed-use buildings, containing residential uses over commercial uses, shall be limited to three(3)stories. All principal buildings shall be set back a minimum of one (1) foot from the Subdistrict boundaries for each foot of building height. Development within each project or yet to be established Planned Unit Development (PUD) District shall be required to have common site, signage and building architectural elements. Each project or PUD District shall provide for both pedestrian and vehicular interconnections with abutting properties, where feasible. For Lots 5 and 6 of the Vanderbilt Commons Subdivision only, as depicted on the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict map,the following provisions apply: residential-only buildings are allowed: both residential-only and mixed use buildings shall be limited to three (3) stories, including parking; in mixed use buildings, commercial uses are limited to the first floor. Page 1of3 1 Words underlined are added;words struck-through are deleted. 9B Exhibit PL20180003372/CPSS-2019-2 Rezonings are encouraged to be in the form of a PUD zoning district, which must contain development and design standards to ensure that all commercial uses will be compatible with neighboring residential and institutional uses. In addition to retail uses and other uses permitted in the Plan, financial institutions, business services, and professional and medical offices shall be permitted. A total of 400,000 square feet of gross leasable floor area is permitted within this Subdistrict as follows: Development intensity for the existing area (Mission Hills Planned Unit Development) of this Subdistrict shall be limited to a maximum of 200,000 square feet of gross leasable floor area. Within the 14.49-acre expansion area, 200,000 square feet of gross leasable floor area for commercial land uses is permitted. The following land uses shall not be permitted: gas stations, convenience stores with gas pumps, fast food restaurants with drive-through lanes, and tire stores. *** *** ""' `*" text break *** *** *** *** Page 2of3 G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA1Comp Plan Amendments12019 Cycles and Smalls12019 Small Scale petitions\CPSS-19-2 VB Commons\Exhbt A txt&maps119-2 Vanderbilt-Collier txt Ex.A.2.docx 2 Words underlined are added;words struck-through are deleted. 9B EXHIBIT A PETITION PL20180003372 .S VANDERBILT BEACH/COLLIER BOULEVARD COMMERCIAL SUBDISTRICT QCOLLIER COUNTY,FLORIDA WOLFE RD C, 0 r r m 70 -+ m SUBJECT SITE • PL20180003372 MISSION HILLS DR _. j VANDERBILT BEACH RD n 0 m 7J 7TH AVE NW W v Legend ADOPTED-OCTOBER 26,2004 (Ord.No.200471) Subdivision Lots 5&6 PREPARED BY BETH YANG,AICPAMENDED-JUNE 7,2005 GROW0 125 250 500 750 GROWTH MANAGEMENT DEPARTMENT � (Ord.No.2005-25) Original Subdistrict Fan:Vanderbilt m Beach Doer n Ma I Feet rci Commeal Subdntrid Combo Map Coap.mxd DATE 07/10/2019 ED Subdistrict Expansion Page 3 of 3 9B ORDINANCE NO. 19 - 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 RESTATING A DEVIATION TO REMOVE THE WALL REQUIREMENT ALONG VANDERBILT BEACH ROAD AND ADDING A DEVIATION TO REDUCE BUILDING FOUNDATION PLANTINGS; 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] 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. [19-CPS-01878/1485927/1] 56 Page 1 of 2 Vanderbilt Commons/PUDA-PL20180003366 07/09/19 98 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. 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- becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—PUD Document(including Revised Master Plan) [19-CPS-01878/1485927/1]56 Page 2 of 2 Vanderbilt Commons/PUDA-PL20180003366 07/09/19 9B 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 COMMONS 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. 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 MIDGARD SELF STORAGE NAPLES, LLG 1905 WOODSTOCK RD, BUI 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 201 NAPLES, FLORIDA31101 Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Stfualc-thraug#items have been deleted,Items Underlined have been added Page 1 of 24 98 LINp$AY F,RQBIN,.ME WALDROP ENGINEERING, P.A. 28100 BONITA GRANDE DRIVE STE 305 BONITA SPRINGS, FL 34135 and R. BRUCE ANDERSON CHEFFY SOUTH NAPLES, FLORIDA 31 102 JEFF WRIGHT HENDERSON, FRAKLIN, STARNES& HOLT, P.A. 8889 PELICAN BAY BLVD. NAPLES, FL 34103 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 Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 StFuok4hcoug44 items have been deleted,Items Underlined have been added Page 2 of 24 98 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS 610 SECTION III MIXED USE AREA PLAN 912 SECTION IV PRESERVE AREA PLAN 4413 SECTION V DEVELOPMENT COMMITMENTS 48- 20 Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Skaek-through items have been deleted,Items Underlined have been added Page 3 of 24 98 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 Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Starek-through items have been deleted,Items Underlined have been added Page 4 of 24 9B 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.Gofthe 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 58 proposed units ever= 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: 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= 58. Requested density=4.03 dwelling units/acre. Vanderbilt Commons MPUD—P120180003366 Last Revised:July 15,2019 items have been deleted,Items Underlined have been added Page 5 of 24 9B 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—PL20180003366 Last Revised:July 15,2019 St.P4Gli-tlacaugh items have been deleted,Items Underlined have been added Page 6 of 24 98 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 Commons, 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 .. , •... 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-QS#5406 PO Box 320099 Alexandria, VA 22320 Lot 3 Vanderbilt Commons LLC do Welsh Companies FL Inc. 2950 Tamiami Trail North STE 200 Naples, FL 34103 Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Struckough items have been deleted,Items Underlined have been added Page 7 of 24 98 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. e .... .-. ..e":_ - - : -- - - - ° -- 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 58 dwelling units. -- - - e • ---- - -- --- - - : -• - • -: • • • hand uses and all residential- - _ - - - : --- °- •- • - •: - -- - -.. -: _'_ ._:_ _ :: _- - - -: °:: . 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Struck-threugh items have been deleted,Items Underlined have been added Page 8 of 24 I 98 1.7 SHORT TITLE This Ordinance shall be known and cited as the"Vanderbilt Commons Mixed Use Planned Unit Development Ordinance". Vanderbilt Commons MPUD—PL20180003366 Last Revised.July 15,2019 8tfusk through items have been deleted,Items t inderlined have been added Page 9 of 24 9B 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 MPU D. 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 14.49 acres with a maximum of 200,000 square feet of gross leasable area. Residential uses are limited to a maximum of 58 dwelling units acid commercial uces on at toast 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 58 residential units will not exceed a density of 4.03 units/per acre . Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Struck through items have been deleted,Items I Inderlined have been added Page 10 of 24 9B 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/RENTAUCONSTRUCTION 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Strask-threugh items have been deleted,Items Underlined have been added Page 11 of 24 9B SECTION III MIXED USEAREA 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, acad office uses, and residential us.es. wh}la floor- Commercial Areas are limited to a maximum gross leasable area of 200,000 square feet and residential uses are limited to a maximum of 58 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 &rusk-through items have been deleted,Items 1lnderlined have been added Page 12 of 24 98 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 —822 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). Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Std items have been deleted,Items Underlined have been added Page 13 of 24 96 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). 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 (SIC4724). 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Struckrthfough items have been deleted,Items Underlined have been added Page 14 of 24 98 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Struck rough items have been deleted,Items Underlined have been added Page 15 of 24 9 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 er- 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 WA Office Building 42 feet and 3-stories WA 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%. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 SEwsk-threugh items have been deleted,Items I Inderlined have been added Page 16 of 24 98 (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 stem wall bulkhead or pier is constructed and the requirements of Section 4.02.05 of the LDC are met. 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. 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. 2, •- .•1 • 1 .10 s- - •011-1 •.- - ••1 • 1 ■ • ie. 1 "• - - located on a property opposite a residentially zoned district but fronting 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 insteadlem9 the requirement to place a wall along Vanderbilt Beach Road. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Struckhrougt;items have been deleted,Items Underlined have been added Page 17 of 24 98 Deviation from LDC Section 4.06.05.C. "Building Foundation Planting Requirements", which requires build' g foundation planting_beds for buildina footprints over 10.000 s•uare feet to be a minimum width of 10-feet, to allow the minimum width of the Alantin• beds to be 8-feet. The :.. ' ..1 . . '.- . ...*'.1. - _ 0 * - .. II . .. -6 . I •- .. .1 • supplement the area of foundation plantings and number of trees re. ired b LDC section 4.06.05.C. This deviation shall only apply to Lots 5 and 6 of the MPUD. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Sim items have been deleted,Items Underlined have been added Page 18 of 24 98 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—PL20180003366 Last Revised:July 15,2019 S ic4hreagh items have been deleted,Items,'lnderlined have been added Page 19 of 24 98 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Skask-through items have been deleted,Items Underlined have been added Page 20 of 24 9B 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 St k-through items have been deleted,Items Undadinert have been added Page 21 of 24 98 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. 2.03.07 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:July 15,2019 Struck-through items have been deleted,Items Underlined have been added Page 22 of 24 9B 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 orderapproval. 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. Vanderbilt Commons MPUD—P120180003366 Last Revised:July 15,2019 St-rusk-through items have been deleted,Items llnrI Mined have been added Page 23 of 24 98 5.15 LIGHTING Lighting provided at the rear of any building and structure adjacent to the Black Bear Ridge Subdivision, for development on lots 5 and 6, (as shown on the Vanderbilt Commons Subdivision Plat,recorded in Plat Book 60,Page 31 of the Public Records of Collier County)shall be in the form of shielded structure mounted sconces.These shielded structures shall be placed no higher than 10- feet measured from finished floor of the building or structure. The areas identified shall be free of "pole lighting". 5.16 ADDITIONAL SCREENING Owner(s) shall construct a 6-foot wall at the rear of lots 5 and 6; abutting the Black Bear Ridge Subdivision (as shown on the Vanderbilt Commons Subdivision Plat, recorded in Plat Book 60, Page 31 of the Public Records of Collier County). No wall will be located along Tract C,the Preserve Area. 5,17 MISCELLANEOUS Pursuant to Section 125 022(5)F issuance of a development oermitby 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 reayisite_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. All other state or federal permits must be obtained before commencement of the development. 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(n'mm I -z — F r„ °SI<O ?m ym� m m A m 'II S - PLAN REVISIONS WALDROP m> F VANDERBILT COMMONS IQ 04/17/19 REVISED PER COUNTY COMMENTS , ` ENGINEERING m .3 r © 06/14/19 REVISED PER COUNTY COMMENTS MPUD y w i CLIENT:VANDERBILT WAY APARTMENTS,LLC s ° ° t ',!v e E 1 PUD MASTER PLAN ��a+rokalj�ei .n I,¢ g 96 I S i ei • 11-1 it .4: 84 ci ti • ' IU � r �aa c ) ,'411 Ilii F ti IV 111111011ii H ,• . a il �Z ag 0111111110 o Lii' ga OSA, 44 guuhIlr a Ili it 0 \ I $fie Ka 4 C Mi. : 1 I� 1{ 2ln / 01' 9111:11i . it ,:e- \ li. q�° 1� 'y b4 I 4 A02 It I tL;I I ler "_ �g z �-- s: . .., , . zz ,. q ,. _,. III 0 itii\ 4 II Y rio bb ii lY 4 t i a.\ S N I4( I _ 9B 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. 9B EXHIBIT "D LOCATION MAP N W � 0 E L S C PROPOSED C NA GEL—CRAIG RESIDENTIAL PUD 0 0 WOLF CREEK Loop Rd. (f) RESID. PUD I WOLF CREEK MISSION J RESID. 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't 1-111/1 1 1 i 4.Zrzsrt?tK!,i. 1 , i 96 NDN Acct #068778 September 9, 2019 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) on Wednesday, September 18, 2019, and send the Affidavit of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500195266 9B NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on October 8, 2019, commencing at 9:00 a.m., in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL. The purpose of the hearing is to consider: AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO REVISE THE VANDERBILT BEACH/COLLIER BOULEVARD COMMERCIAL SUBDISTRICT OF THE URBAN MIXED USE DISTRICT AS TO LOTS 5 AND 6 OF THE VANDERBILT COMMONS SUBDIVISION TO REMOVE THE REQUIREMENT TO PROVIDE COMMERCIAL USES ON THE FIRST FLOOR WITH RESIDENTIAL UNITS ON THE UPPER STORIES AND ALLOW BUILDINGS TO BE ALL RESIDENTIAL USES ON LOTS 5 AND 6; AND DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. LOTS 5 AND 6 COMPRISE 10 ACRES WITHIN THE 47.94± ACRE SUBDISTRICT LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY % MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20180003372] & 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 EAST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20180003366] 1 98 All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, FL., between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the GMD Zoning Division, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to October 8, 2019 will be read and considered at the public hearing. Any person who decides to appeal any decision of the Collier County Planning Commission will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL, JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 2 98 CD anl8•13 G L i0 m C c.) O d Q c Crystal K. Kinzel 9 B Collier County Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 k t i�'r rit ori `' September 9, 2019 Vanderbilt Way Apartments, LLC 2950 Tamiami Trail North Suite 200 Naples, FL 34103 Re: GMPA-PL20180003372/CPSS-2019-2 & P120180003366 — Vanderbilt Commons Dear Petitioner, Please be advised that the above referenced petition will be considered by the Collier County Board of County Commissioners on Tuesday, October 8, 2019, as indicated on the enclosed notice. A legal display notice regarding this petition will be published in the Naples Daily News on Wednesday, September 18, 2019. You are invited to attend this public hearing. Sincerely, CRYSTAL K. KINZEL, CLERK Martha Vergara, Deputy Clerk Enclosure Phone-(239) 252-2646 Fax-(239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com Crystal K. Kinzel Collier County Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 September 9, 2019 Waldrop Engineering Attn: Lindsay Robin 28100 Bonita Grande Dr. Suite 305 Bonita Springs, FL 34134 Re: GMPA-PL20180003372/CPSS-2019-2 & PL20180003366— Vanderbilt Commons Dear Petitioner, Please be advised that the above referenced petition will be considered by the Collier County Board of County Commissioners on Tuesday, October 8, 2019, as indicated on the enclosed notice. A legal display notice regarding this petition will be published in the Naples Daily News on Wednesday, September 18, 2019. You are invited to attend this public hearing. Sincerely, CRYSTAL K. KINZEL, CLERK Martha Vergara, Deputy Clerk Enclosure Phone-(239) 252-2646 Fax-(239)252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com 98 Martha S. Vergara From: Martha S. Vergara Sent: Monday, September 9, 2019 10:56 AM To: Naples Daily News Legals Subject: GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons (10-8-19) Attachments: GMPA-PL20180003372-CPSS-2019-2 &20180003366 Vanderbilt Commons (BCC 10-8-19).doc; GMPA-PL20180003372-CPSS-2019-2 & PL-20180003366 Vanderbilt Commons (BCC 10-8-19).rtf; GMPA-PL20180003372-CPSS-2019-2 & PL20180003366 Vanderbilt Commons (BCC 10-8-19).pdf Hello, Please advertise the following attached Wednesday, September 18, 2019 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk `ov cr ;,,,r Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergaraPCollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County r�„ .�"' 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com 1 9B Martha S. Vergara From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Monday, September 9, 2019 10:56 AM To: Martha S.Vergara Subject: Thank you For Your Email External Message: Please use caution when opening attachments, clicking links, or replying to this message. Thank you for contacting the legal department. This is a general response to inform you that your email has been received. All Legal Notices will be processed for desired publication date if received by the correct deadline time. Office Hours: Monday-Friday, 8:00 AM - 5:00 PM CST Thank you, Legal Notice Department 1 98 Martha S. Vergara From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Wednesday, September 11, 2019 9:23 AM To: Martha S. Vergara Subject: RE: GC10265647 GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons (10-8-19) Attachments: ND-GC10265647-01.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Morning, The notice is scheduled to publish in the Naples Daily News on September 18.The total cost is$945.00 and a proof is attached. Please let me know if any changes need to be made. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office:239-263-4700,option 3 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Monday, September 9, 2019 9:56 AM To: NDN-Legals<legals@naplesnews.com> Subject: GCI0265647 GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons (10-8-19) Hello, Please advertise the following attached Wednesday, September 18, 2019 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, 1 98 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on October 8,2019,commencing at 9:00 a.m., in the Board of County Commissioners Chamber,Third Floor, Collier County Government Center, 3299 E.Tamiami Trail, Naples, FL. The purpose of the hearing is to consider: An Ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element to revise the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict of the Urban Mixed Use District as to lots 5 and 6 of the Vanderbilt Commons Subdivision to remove the requirement to provide commercial uses on the first floor with residential units on the upper stories and allow buildings to be all residential uses on Lots 5 and 6; and directing transmittal of the adopted amendments to the Florida Department of Economic Opportunity; providing for severability; providing for an effective date. Lots 5 and 6 comprise 10 acres within the 47.94± acre subdistrict 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. [PL20180003372] 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 east of Collier Boulevard in Section 34,Township 48 South, Range 26 East,Collier County,Florida. [PL20180003366] All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, FL., between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore,the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the GMD Zoning Division, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to October 8, 2019 will be read and considered at the public hearing. Project Location I o VanderbiIt-Be ach•RD— c NO-.1036560-01 ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC ZONING DEPARTMENT PROOF CREATED AT:9/10/2019 9:46 AM SALES PERSON: NDUX00 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:09/18/19 ND-GCI0265647-01. SIZE:3 col X 9.32 in INDD Martha S. Vergara B From: Martha S. Vergara Sent: Wednesday, September 11, 2019 9:29 AM To: 'GRSC-West-Legals mbx' Subject: RE: GC10265647 GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons (10-8-19) Importance: High Hi Brittany, Sorry but the highlighted portion (on the right) of the ad is missing from the bottom of the ad (on the left). utile east of Collier Boulevard In Section 34,Township 48 South,Range 26 East,CollorCounty,Florida, (PL201800033676) All.interested pantos are twted to apuear and be heard. Copies of the proposed ORDINANCES wll be rnade atailanle for inspxtipn at the GMD Zoning Division, CorcrehoIsNe Planning Secticn,2800 N.Horseshoe Dr,.,Navies,FL..between tie hours 0,18:00 A.M.and 5'00 PM.,Monday through Friday.Furthermore,the matena s wi+f vial mane dvairabii?fy irt5;v+rton Wale Coagr County Clerk's Off;C',.Fourth Floor, Suite 401,Colicin County Government Center,East Naples,one was-k uei'O to the scheduled hearing.Any questions pertaining to the documents should be directed to the CMD Zoning 0,vcian,Conpreh?nwe Planning Section.Written comments Paled wit11 the Clsak to ti*Board's Office prior to October 8.2019 wc 1 rraJ ar d considered at the pr Pec hearing.Project (lipekt Location • .`a ndv ria Il Bva, 'Fillk 0 a K.BYi . ❑O K.WITH CORRECTIONS BY . All interested ponies are Invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division, Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,FL„between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, the materials wilt be made available for Inspection at the Collier County Clerk's Office, Fourth Floor. Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the GMO Zoning Division, Comprehensive Planning Section,Written comments filed with the Perk to the Board's Office prior to October 8,2019 will be read and considered at the public hearing. Any person who decides to appeal any decision of the Collier County Planning Commission wilt n need a record of the proceedings pertaining thereto and therefore,may need to ensure that a ` K verbatim record of the proceedings Is made,which record includes the testimony and evidence Tv\ upon which the appeal Is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamlami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380. at least two days prior to the meeting. Assisted listening devices for the hearing Impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR..CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara,Deputy Clerk (SEAL) Please send a revised ad proof. Thanks, Martha From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent: Wednesday, September 11, 2019 9:23 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: RE: GC10265647 GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons (10-8-19) External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good Morning, 2 98 Martha S. Vergara From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Wednesday, September 11, 2019 3:04 PM To: Martha S. Vergara Subject: RE: GC10265647 GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons (10-8-19) Attachments: ND-GC10265647-01 (1).pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, The updated proof is attached. Thank you! Brittany Grady Public Notice Representative Naples Daily News l LOCALiQ PART OF THE USA TODAY NETWORK Office:239-263-4700,option 3 From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday, September 11, 2019 8:29 AM To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Subject: RE: GC10265647 GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons (10-8-19) Importance: High Hi Brittany, Sorry but the highlighted portion (on the right) of the ad is missing from the bottom of the ad (on the left). NOTICE OF PUBLIC HEARING 9B NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on October 8, 2019,commencing at 9:00 a.m.,in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamiami Trail,Naples,FL. The purpose of the hearing is to consider: An Ordinance amending Ordinance No.89-05,as amended,the Collier County Growth Management Plan for the unincorporated area of Collier County,Florida,specifically amending the Future Land Use Element to revise the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict of the Urban Mixed Use District as to lots 5 and 6 of the Vanderbilt Commons Subdivision to remove the requirement to provide commercial uses on the first floor with residential units on the upper stories and allow buildings to be all residential uses on Lots 5 and 6;and directing transmittal of the adopted amendments to the Florida Department of Economic Opportunity;providing for severability;providing for an effective date. Lots 5 and 6 comprise 10 acres within the 47.94±acre subdistrict located on the north side of Vanderbilt Beach Road and approximately Ya mile west of Collier Boulevard in Section 34,Township 48 South,Range 26 East,Collier County,Florida. [PL20180003372] 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 east of Collier Boulevard in Section 34,Township 48 South,Range 26 East,Collier County,Florida. [PL20180003366] Project Location CO N Varide rbilt•Beach•RD— o U �ti a All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,FL,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore,the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the GMD Zoning Division, Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to October 8,2019 will be read and considered at the public hearing. Any person who decides to appeal any decision of the Collier County Planning Commission will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR.,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara,Deputy Clerk (SEAL) NbGC10265617-01 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC ZONING DEPARTMENT PROOF CREATED AT:9/11/2019 10:59 AM SALES PERSON: NDUX00 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:09/18/19 ND-GCI0265647-01. SIZE:3 col X 9.32 in INDD 913 Martha S. Vergara From: KendallMarcia <Marcia.Kendall@colliercountyfl.gov> Sent: Wednesday, September 11, 2019 3:17 PM To: Martha S. Vergara; NeetVirginia; CasanovaAlexandra Cc: ashton h Subject: RE: GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons Looks good! I'll will now forward to the applicant and staff for their approvals . Respectfully, Marcia R. Kendall, Senior Planner Zoning Division/Comprehensive Planning Section 2.800 N. Horseshoe Drive, Naples, FL 34104 Phone: 239.252.2387 Collier County Motto:"To exceed expectations." Tell us how we are doing by taking our Zoning Division Survey at http:/Jbit._IyJColi_ierZoning 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. From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday, September 11, 2019 3:14 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons Hi All, Attached is the ad proof for the Vanderbilt Commons Ad. Let me know of any changes ASAP. Martha 9B Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, September 13, 2019 8:38 AM To: Martha S.Vergara Cc: kendall_m Subject: FW: ad proof with corrections - Vanderbilt Commons Attachments: ad proof.pdf Martha: See attached corrections. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 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. From:AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Sent: Friday, September 13, 2019 8:22 AM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: ad proof with corrections-Vanderbilt Commons Dinny, There is one more change to the ad proof. The acreage is incorrect in the first ad. I handwrote it on the attachment.yy// Thanks and have a happy Friday! F eiaskton-rick. Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8400 From: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Sent: Friday, September 13, 2019 8:20 AM To:AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Subject: ad proof with corrections-Vanderbilt Commons 1 litB NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hokl a public hearing on October 8, 2019,commencing at 9:00 a.m.,in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamiaml Trail,Naples,FL The purpose of the hearing is to consider: An Ordinance amending Ordinance No.89-05,as amended,the Collier County Growth Management Plan for the unincorporated area of Collier County,Florida,specifically amending the Future Land Use Element to revise the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict of the Urban Mixed Use District as to lots 5 and 6 of the Vanderbilt Commons Subdivision to remove the requirement to provide commercial uses on the first floor with residential units on the upper stories and allow buildings to be all residential uses on Lots 5 and 6;and directing transmittal of the adopted amendments to the Florida Department of Economic Opportunity;providing for severability;providing for an effective date. Lots 5 and 6 comprise within the 47.94±acre subdistrict located on the north side of Vanderbilt Beach Road and approximately t '/.mile west of Collier Boulevard in Section 34,Township 48 South,Range 26 East,Collier County,Florida. i{ [PL20180003372] 4C)7 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+1-acres,Is located on the north �^ side of Vanderbilt Beach Road and approximately 1/4 mile f Collier Boulevard in Section 34,Township a. 48 South,Range 26 East,Collier County,Florida. [PL2018000336 (� Project Location co m Vanderbilt-Beach-RD- c U All Interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for Inspection at the GMD Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,FL,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore,the materials will be made available for Inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the GMD Zoning Division, Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to October 8,2019 will be read and considered at the public hearing. Any person who decides to appeal any decision of the Collier County Planning Commission will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiaml Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L MCDANIEL,JR.,CHAIRMAN CRYSTAL K.IONZEL,CLERK By: Martha Vergara,Deputy Clerk (SEAL) 1,1044102•11.7411 ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC ZONING DEPARTMENT PROOF CREATED AT:9/11/2019 10:59 AM SALES PERSON: NDUX00 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:09/18/19 ND-GCI0265647-01. SIZE:3 col X 9.32 in INDD 9B Martha S. Vergara From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Friday, September 13, 2019 1:44 PM To: Martha S. Vergara Subject: RE: GC10265647 GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons (10-8-19) Attachments: N D-GC10265647-01.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, The updated proof is attached. Thank you! Brittany Grady Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office:239-263-4700, option 3 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Friday, September 13, 2019 7:51 AM To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Subject: RE: GC10265647 GMPA-PL20180003372/CPSS-2019-2 & PL20180003366 Vanderbilt Commons(10-8-19) Happy Friday Brittany, This ad needs to be revised as requested below by the legal dept. 1 NOTICE OF PUBLIC HEARING 913 NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on October 8, 2019,commencing at 9:00 a.m.,in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamiami Trail,Naples,FL. The purpose of the hearing is to consider: An Ordinance amending Ordinance No.89-05,as amended,the Collier County Growth Management Plan for the unincorporated area of Collier County,Florida,specifically amending the Future Land Use Element to revise the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict of the Urban Mixed Use District as to lots 5 and 6 of the Vanderbilt Commons Subdivision to remove the requirement to provide commercial uses on the first floor with residential units on the upper stories and allow buildings to be all residential uses on Lots 5 and 6;and directing transmittal of the adopted amendments to the Florida Department of Economic Opportunity;providing for severability;providing for an effective date. Lots 5 and 6 comprise 2.51 acres within the 47.94±acre subdistrict located on the north side of Vanderbilt Beach Road and approximately V4 mile west of Collier Boulevard in Section 34,Township 48 South,Range 26 East,Collier County,Florida. [PL20180003372] 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] Project Location 0 co m m Vanderbilt-Beach-RD— o U All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,FL.,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore,the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing.My questions pertaining to the documents should be directed to the GMD Zoning Division, Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to October 8,2019 will be read and considered at the public hearing. My person who decides to appeal any decision of the Collier County Planning Commission will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR.,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara,Deputy Clerk (SEAL) N0..103856,17-01 ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC ZONING DEPARTMENT PROOF CREATED AT:9/13/2019 10:28 AM SALES PERSON: NDUX00 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:09/18/19 ND-GCI0265647-01. SIZE:3 col X 9.32 in INDD 9B Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:01 PM To: Martha S. Vergara Cc: kendalf m Subject: FW: revised ad proof - Vanderbilt Commons Attachments: N D-GC10265647-01.pdf From: AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:00 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov> Subject: FW: revised ad proof-Vanderbilt Commons Approved.��, 'l.£eidash-ion-tick-0 Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8400 From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, September 13, 2019 1:54 PM To:AshtonHeidi <Heidi.Ashton@colliercountyfl.Rov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.Rov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: FW: revised ad proof-Vanderbilt Commons Heidi: See attached for your review. Dinny Virginia A. Neel, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 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 entityinstead,contact this office by telephone or in writing. 1 9B Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:25 PM To: Martha S. Vergara Cc: ashton_h Subject: FW: revised ad proof- Vanderbilt Commons From: KendallMarcia <Marcia.Kendall@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:24 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: RE: revised ad proof-Vanderbilt Commons Just sent this off to applicant and Nancy Gundlach. I am approving on behalf of Corby as he is out of the office on vacation,and if Heidi approved it, it must be ok! Respectfully, Marcia R. Kendall, Senior Planner Zoning Division/Comprehensive Planning Section 2800 N. Horseshoe Drive, Naples, FL.34104 Phone:239.252.2387 Collier County Motto:"To exceed expectations." Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning 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. From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:01 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Cc: KendallMarcia <Marcia.Kendall@colliercountyfl.gov> Subject: FW: revised ad proof-Vanderbilt Commons From: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:00 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov> Subject: FW: revised ad proof-Vanderbilt Commons 1 98 Approved. `fo Vick. Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8400 From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, September 13, 2019 1:54 PM To:AshtonHeidi <Heidi.Ashton(a)colliercountyfl.gov> Cc: CrotteauKathynell <Kathynell.Crotteau@colliercourityfl.gov>; KendallMarcia <Marcia.Kendall(atcolliercountvfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: FW: revised ad proof-Vanderbilt Commons Heidi: See attached for your review. Dinny Virginia A. Neel., FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Honda 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. From: Martha S.Vergara <Martha.Vergara(c@collierclerk.com> Sent: Friday, September 13, 2019 1:53 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: revised ad proof-Vanderbilt Commons Attached for your review. Thanks, 2 9B Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:25 PM To: Martha S. Vergara Subject: FW: revised ad proof- Vanderbilt Commons From: KendallMarcia <Marcia.Kendall@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:24 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Subject: FW: revised ad proof-Vanderbilt Commons See below From: Lindsay Robin <L.indsay.Robir7@waldropengineering.corn> Sent: Friday, September 13, 2019 2:22 PM To: KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov>; SchmidtCorby<Corby.Schrnidt@colliercountyfl.Rov> Cc:Alexis Crespo <Alexis.CCrespo@waldropengineering.com> Subject: RE: revised ad proof-Vanderbilt Commons Approved. Lindsay Robin Pro}(e:,< P'lannor II LDROP tENGINEERING lindsay.roibin©x,x,waldropengineering.COM I waldropengineering.com o ., BONITA SPRINGS I FORT MYERS I ORLANDO I SARASOTA I TAMPA From: KendallMarcia <Marcia.Kendall@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:21 PM To: Lindsay Robin <Lindsay.Robin@waldropengineering.com>; GundlachNancy<Nancy.Gundlach@colliercountyfl.gov>; SchmidtCorby<Corby.Schmidt@colliercountyfl.gov> Subject: FW: revised ad proof-Vanderbilt Commons The ad was revised to correct the GMPA title to show 2.51 acres and NOT 10. The Zoning title was corrected to show 1/1 West NOT East of Collier Blvd. Please re-approve ASAP, this is due hack to NDN as quickly as we can send it. Thank you for your prompt replies. 1 96 Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:26 PM To: Martha S. Vergara Subject: FW: revised ad proof- Vanderbilt Commons From: KendallMarcia <Marcia.Kendall@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:25 PM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; AshtonHeidi<Heidi.Ashton@colliercountyfl.gov> Subject: FW: revised ad proof-Vanderbilt Commons See below... This concludes necessary approvals for posting to NDN. Respectfully, Marcia R. Kendall, Senior Planner Zoning Division/Comprehensive Planning Section 2800 N. Horseshoe Drive, Naples, FL 34104 Phone: 239.252.2387 Collier County Motto:"To exceed expectations." Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning 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. From: GundlachNancy<Nancy.Gundlach@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:24 PM To: KendallMarcia <Marcia.Kendall(criicolliercountyfl.gov>; Lindsay Robin <Lindsav.Robin@waldropengineering.com>; SchmidtCorby<Corby.Schmidt@colliercountyfl.gov> Subject: RE: revised ad proof-Vanderbilt Commons Ad is approved, Marcia. Nancy From: KendallMarcia <Marcia.Kendall(c@colliercountyfl.gov> Sent: Friday, September 13, 2019 2:21 PM To: Lindsay Robin <Lindsay.Robin@waldropengineering.coni>; GundlachNancy<Nancy.Gundlach@colliercountvfl.gov>; SchmidtCorby<Corby.Schmidt@colliercountyfl.gov> Subject: FW: revised ad proof-Vanderbilt Commons 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners wit hold a public hearing on October 8, 2019,commencing at 9:00 a.m.,in the Board of County Commissioners Chamber,Third Floor,Collier County Government • Center,3299 E.Tamiami Trail,Naples,FL The purpose of the hearing is to consider An Ordinance amending Ordinance No.89-05,as amended,the Collier County ty Growth Management flan for the unincorporated area of Collier County,Florida,specifically amending the Future Lard Use Element to revise the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict of the Urban Mixed Use District as to lots 5 and 6 of the Vanderbilt Commons Subdivision to remove the requirement to provide commercial uses on the first floor with residential units on the upper stories and allow buildings to be all residential uses on Lots 5 and 6;and directing transmittal of the adopted amendments to the Florida Department of Economic Opportunity;providing for severability;providing for an effective date. Lots 5 and 6 comprise 2.51 acres within the 47.94:acre subdistrict located on the north side of Vanderbilt Beach Road and approximately `!i mile west of Collier Boulevard in Section 34,Township 48 South,Range 26 East,Collar County,Hodito rn cn [PL201800033721 D & An Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance No. v 2006-19,as amended,the Vanderbilt Commons Planned Unit Development;by removing the roqulremettttat residential dwelling units be located In mixed-use buildings with commercial on the fest Boar and allowing stand-alone residential buildings;by reducing the density to 53 dwelling units;by revising the master pian; un and providing an effective date.The subject property,consisting of 14A9+/-acres,Is located on the north side of Vanderbilt Beach Road and approximately 114 mile west of Collier Boulevard in Section 34,Townal 48 South,Range 26 East,Collier County,Florida. [PL20180003366] iO Project Location z m m to Vanderbilt-Beach-RD- c z m • 0 All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,FL,between the hours of 8:00 A.M.and 5:00 PM.,Monday through Friday.Furthermore,the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the GMD Zoning Division, Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office Out October 6,2019 will be read and considered at the public hearing. Any person who decides to appeal any decision of the Collier County Planning Commission will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing Impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COWER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR.,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara,Deputy Clerk (SEAL) Nouroxsa,,.u, S',c ♦ 7 B \apirE1 =1aiLl ratty PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC ZONING DEPARTMENT 3299 TAMIAMI TRL E 700 NAPLES, FL 34112 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Vicky Felty who on oath says that she serves as legal clerk 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 Naples,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. September 18,2019 ( i Mitil 6) 1 Subscribed and sworn to before on September 19,2019: — __h .c a__Yv.w‘‘.SLI.oc:.l- .) _ Notary,State of WI,County of Brown r 11 TARA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6,2021 Publication Cost:$945.00 Ad No:GC10265647 Customer No:323534 PO#: 98 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on October 8, 2019,commencing at 9:00 a.m.,in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 E.Tamiami Trail,Naples,FL The purpose of the hearing is to consider: An Ordinance amending Ordinance No.89-05,as amended,the Collier County Growth Management Plan for the unincorporated area of Collier County,Florida,specifically amending the Future Land Use Element to revise the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict of the Urban Mixed Use District as to lots 5 and 6 of the Vanderbilt Commons Subdivision to remove the requirement to provide commercial uses on the first floor with residential units on the upper stories and allow buildings to be all residential uses on Lots 5 and 6;and directing transmittal of the adopted amendments to the Florida Department of Economic Opportunity;providing for severability;providing for an effective date. Lots 5 and 6 comprise 2.51 acres within the 47.94±acre subdistrict located on the north side of Vanderbilt Beach Road and approximately Y4 mile west of Collier Boulevard in Section 34,Township 48 South,Range 26 East,Collier County,Florida. [P120180003372] 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] Project Location CO Vanderbilt•8each-RD 0 0 All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,FL.,between the hours of 8:00 A.M.and 5:00 PM.,Monday through Friday.Furthermore,the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor,Suite 401,Collier County Government Center,East Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the GMD Zoning Division, Comprehensive Planning Section,Written comments filed with the Clerk to the Board's Office prior to October 8,2019 will be read and considered at the public hearing. Any person who decides to appeal any decision of the Collier County Planning Commission will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR.,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara,Deputy Clerk (SEAL) ND.GC102656J7-01 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 El TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office HOC C J o ( (I 4. BCC Office Board of County LNk Commissioners \ ' / / \4\ \ cp\, 5. Minutes and Records Clerk of Court's Office PIT IDiVI\ 11 a;540)51-- - PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Nancy Gundlach Phone Number (239)252-2484 Contact/ Department / Agenda Date Item was October 8,2019 Agenda Item Number 9.B. , / Approved by the BCC ////// Type of Document Ordinance Number of Original Attached Documents Attached PO number or account j number if document is ^�1- to be recorded '�G`J INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? c , 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N.G. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 8,2019 (date)and all changes N.G. N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. / � this line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC,all changes directed by the BCC have been made,and the document is ready for t option for Chairman's signature. . - • I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 9 B 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-01878/1497474/1] 104 Page 1 of 2 Vanderbilt Commons/PUDA-PL20180003366 9/12/19 9 S 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 by leper-majority vote of the Board of County Commissioners of Collier County, Florida,this V,Th day of Q C,}-ti j (- , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER 41, LORIDA 1110 By: •i... _ By. 41. irmanliepu P NV/ iam L. McDaniel, Jr., C irman Attest as to Lha signature only. Approved as to form and legality: 1L `° d,,, Heidi Ahton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—PUD Document (including Revised Master Plan) ThiS ordinance filed with tho> Secrrary of tate's Office ttAe I'm day of Fie:d:Ye ;.riVl and acknowledgement,pf._that fill g re eived this _ day of owuty �► [19-CPS-01878/1497474/1] 104 Page 2 of 2 Vanderbilt Commons/PUDA-PL20180003366 9/12/19 98 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 COMMONS 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. 2950 TAMIAMI TRAIL NORTH, SUITE 200 NAPLES, FL 34103 MIDGARD SELF STORAGE NAPLES, LLC •e- .1 &gill_ •_ '� =- a ` _ .ISS .. .1 55 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, FLORIDA31101 Vanderbilt Commons MPUD-PL20180003366 Last Revised:August 15,2019 Struck-thfeugh items have been deleted, Items Underlined have been added Page 1 of 23 B 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,A ORDINANCE NUMBER 2005-19 AMENDMENTS AND REPEAL Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 2 of 23 9B TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE -1-5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3Z SECTION II PROJECT DEVELOPMENT REQUIREMENTS 610 SECTION III MIXED USE AREA PLAN 812 SECTION IV PRESERVE AREA PLAN SECTION V DEVELOPMENT COMMITMENTS 4-8-20 Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck--through items have been deleted,Items 11nderlined have been added Page 3 of 23 98 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 Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted, Items I lnderlined have been added Page 4 of 23 98 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 56 53 proposed units over commercial USCG and resultant density of 3.65 443 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 =3 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= 55 53. Requested density=4.03 3.65 dwelling units/acre. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 5 of 23 E3 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—PL20180003366 Last Revised:August 15,2019 Struck-through items have been deleted,Items Underlined have been added Page 6 of 23 9 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 Commons, 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 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 Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck-threugh items have been deleted, Items Underlined have been added Page 7 of 23 98 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 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 a&53 dwelling units. •- -• _'•:- •- ...- - .. -. - . - _ . . _- 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck-through items have been deleted, Items Underlined have been added Page 8 of 23 B 1.7 SHORT TITLE This Ordinance shall be known and cited as the"Vanderbilt Commons Mixed Use Planned Unit Development Ordinance". Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 9 of 23 98 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 LAND USES 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 commercial uses on at leact the firct 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 Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Stwsk-throes items have been deleted, Items Underlined have been added Page 10 of 23 9 8 acre . 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 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 11 of 23 9 SECTION III MIXED USEAREA 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, acid office uses, and residential 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 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck-through items have been deleted, Items Underlined have been added Page 12 of 23 9B 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 —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). 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). Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 S#usthrough items have been deleted,Items Underlined have been added Page 13 of 23 98 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck items have been deleted,Items Underlined have been added Page 14 of 23 B 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Statok-threugh items have been deleted,Items Underlined have been added Page 15 of 23 B 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(4) Retail Building 35 feet and 1-story NYA Office Building 42 feet and 3-stories IIA 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%. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 dough items have been deleted,Items Underlined have been added Page 16 of 23 9 (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 limited to tho first floor of any building residential uses are limited to the second and third floors of mixed use buildings (structures with rot ail or office uses on the 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck-through items have been deleted,Items Underlined have been added Page 17 of 23 B 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—PL20180003366 Last Revised:August 15,2019 dough items have been deleted,Items.1 Jndprlined have been added Page 18 of 23 9 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck through items have been deleted,Items Underlined have been added Page 19 of 23 98 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struck items have been deleted,Items Underlined have been added Page 20 of 23 9 13 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Str-trisk-thfeugh items have been deleted,Items Underlined have been added Page 21 of 23 98 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Struslc-through items have been deleted,Items I lnderlined have been added Page 22 of 23 9 13 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. 517 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. lay 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. E. In residential-only buildings, no exterior balconies are permitted. 1 In residential-only buildings, ground-floor patios will be located on the south side of the building Sa 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. Vanderbilt Commons MPUD—PL20180003366 Last Revised:August 15,2019 Stwsk-threes items have been deleted,Items l lnderlined have been added Page 23 of 23 i 1 1 k„ B _ ..... .„. .. ::: ...... . :.. RPUO ~O m $ i I f m RPM CR WOLF CREEK •1 A ,<I. I N > m C WOLF CREEK (RESIDENTIAL) F r A v,!. m O (RESIDENTIAL) N i3 p O m iE m Z Z M ii > m 0 > PRISTINE DRIVE-RIGHT-OF-WAY z m ID m j mLANDSCAPE BUFFER D<D N Z 20'TYPE D .__ . 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I o Z-r z 0 z z m Z 3 N 20'TYPE BDF LANDSCAPE I' II 20'TYPE 0 ENRDSCAPE X o ATDDOE--i-im �Y m � rTNm17Dm3n _____,_________11m 1 O r O 0 f O m m m 0��<o��p '�1 D =OZm9I ,1Z m0 m 0-c p c 6 r n BUCKSTONE DRIVE(RIGHT-OF-WAY) —_ — D D�O D O zaEZp N�2m2.2 —mmmoi.0 ii E ii ; lnm m=Nr > <Øo mo �-iy ;A1v ;AN r;rn=C pr"y nzrx4 zar fly?o 0, v py mcTrn=m0 y ODODA3AG)zXO* N v! O D m*=rn g yw ZoWvTz m mO0xO (Dc vOmZjA comaiwc'- y° `)< N6mmOmm _z� x m PLAN REVISIONS i - Q 04/17/19 REVISED PER COUNTY COMMENTS VANDERBILT COMMONS WALDROP ENGINEERING P e I1 \ 06/14/19 REVISED PER COUNTY COMMENTS MPUD v l' A 08/02/19 REVISED PER COUNTY COMMENTS CLIENT:VANDERBILT WAY APARTMENTS,LLC b a 1 08/15/19 REVISED PER COUNTY COMMENTS PUD MASTER PLAN ^°'° ^'^°°°^'^^ ^°^'°^°^°°^^^°�°^•""'°' Exhibit A ______ _ _ _ 9 8 1 ® 2 1 7.0 11i i ,, .4" iii r- lq -,41111. ... , g 94 a i Li 1r \--i -=, g . :3 , tut I n w O i r,/i'"_ �m N .1 1 ., 71 oo-4 2 $1 ' 'I ;! 8! C t 11 _ ° aI ' s go : . , ! tiff 4 19q1 '1; 4 r iii wg4 .N9. 1" i 4' Ao fIi ijLE7 II! $ \' N 'e _, ;,,: ara =4. Ili I —{ i Z gli .(2 1'0'1 ; ,,i ri c ,7.. › ; ? 99'4 VkN x i F ap ri II at IPg i 1. q ! A N I c,i 1 98 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 98 EXHIBIT "D " LOCATION MAP N W E PROPOSED NA GEL -CRAIG RESIDENTIAL PUD WOLF CREEK Loop Rd. u-) RESID. PUD cS WOLF CREEK MISSION RESID. PUD (8 Subject Site HILLS Q_ /, e ////////////// SHOPPING a_ ////////// /// ///////// //// CENTER ///// // /// VANDERBILT BEACH RD. , . , 1 EXHIBIT "E" - SURVEY. . 98 , .. . .. . • 9 .1. •. . i ,. ,, 10.iili.441 Av., .tntat.t.4 1,„,. _,i,g„; ti '• . '' . 4' Z $ 1.' 114.:reszg,iiti44itiehai ii ..h- 1,,!! .. ,41411i 1./ g i t•LI3 l'' ..1. 46 . "tit t L.- Id... t t.ta fltta 1 sil Itill'141*,,' ;61 tg a . ", ia, 4 1 4 4 •-3 .... .. r' g4; 'Pt 1 IlijetnaL Lle i i i iii ! g i 1 '1.!"1! 1 g tit Itaxi!iiittiPititti 9 I 1 i 111 t: ; ti sip 'tti pi 1 1 t ,t 13 t 41; ;11/;11 YVt‘' WAVIP ;Tk i X,V1 i ._ g. 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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. 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