Agenda 03/01/2021 Item #2C03/01/2021
EXECUTIVE SUMMARY
This item requires ex-parte disclosure be provided by the Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance
Number 2004-41, as amended, the Collier County Land Development Code, which established the
comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning classification of the
herein described real property from a Commercial Intermediate district (C-3) zoning district to a
Mixed Use Planned Unit Development (MPUD) zoning district for the project to be known a s One
Naples MPUD, to allow construction of up to 172 multi-family dwelling units and/or hotel
rooms/suites, but no less than 40 residential units, up to 208 feet in height including a parking deck,
and 10,000 square feet of C-3, commercial intermediate commercial uses, and a marina and a ship
store. The subject property is located at the northeast corner of the intersection of Gulf Shore Drive
and Vanderbilt Beach Road in Section 32, Township 48 South, Range 25 East, consisting of 5.42 ±
acres: and by providing an effective date. (PL20190000697) (This is a companion to Items 2B,
PL20190000696 and Item 3A).
OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC)
regarding the above-referenced petition, render a decision regarding this PUD rezone petition and ensure
the project is in harmony with all the applicable codes and regulations in order to ensure that the
community's interests are maintained.
CONSIDERATIONS: The subject property consists of 5.42 acres and is located at the northeast corner
of Gulf Shore Drive and Vanderbilt Beach Road in Section 32, Township 48 South, Range 25 East,
Collier County. The applicant is requesting the Board to consider an application to rezone a property from
C-3 Commercial Intermediate Zoning District to Mixed-Use Planned Unit Development (MPUD). The
project name is One Naples. There is a companion application for right -of-way vacations for Gulf Shore
Court between Southbay and Vanderbilt Beach Road, a portion of Center Street, and a public alleyway
from Southbay Drive to Gulf Shore Court. Additionally, there is a companion Small Scale GMPA for
5.42 acres related to this request. The applicant has requested to increase density at the project site from
16 DU/A to 31.7 DU/A. There is also a companion Landscape Maintenance Agreement for the One
Naples project.
The applicant proposes 172 residential units, up to 10,000 square feet of commercial uses, a marina with a
fuel dock, and a ship’s store. Please note that the applicant’s proposal is conceptual, and the PUD
Ordinance does not limit the number of buildings and units for each Tract.
The proposed PUD is split into two parcels, which has been aggregated from several smaller parcels. The
north parcel fronts on the Vanderbilt Lagoon and South Bay Drive. The south parcel fronts Vanderbilt
Beach Road and Gulf Shore Drive. The south parcel includes a pending right -of-way vacation for Gulf
Shore Court, the Gulf Shore Court alleyway, and part of Center Street. The One Naples project as
proposed, seeks to exceed the current C-3 Zone District standards from Section 4.02.01 of the LDC for all
buildings.
MU Tracts 3 and 4 (North Parcel on Vanderbilt Lagoon):
The applicant proposes two buildings that appear as a single structure with a length of ±525 feet. The
proposed height is zoned at 55 feet and the actual height is 87 feet. It is five stories over parking. The
proposed front setback for MU Tract 3 and 4 is 10 feet. The existing C-3 zone district requires 25 feet for
the front setback.
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MU Tract 2 (South Parcel intersection Southbay-Vanderbilt):
The applicant proposes one mid-rise building on Tract 2 with a length of ±260 feet. The proposed height
is zoned at 55 feet and the actual height is 77 feet. It is five stories over parking. The proposed MU Tract
2 building setback is 10 feet from Center Street. The setback along Vanderbilt Beach Road is 15 feet. The
existing C-3 zone district requires 25 feet for the front setback.
MU Tract 1 (South Parcel intersection Vanderbilt Beach Road-Gulf Shore Drive):
The applicant proposes two residential tower buildings above a 2-story parking structure. There is a
proposed roadway that connects Southbay to Vanderbilt Beach Road at the east side of the tower
buildings. After the Planning Commission meetings, the applicant revised the proposed PUD. For the
residential towers, the proposed height is 150 feet zoned and 186 feet actual height and 12 stories over 2
stories of parking. The previous proposal was reviewed by the Planning Commission at 182 feet zoned
height and 208 feet actual height and 14 stories over 2 stories of parking.
The proposed MU Tract 1 front setback for the parking structure is 15 feet along Vanderbilt Beach Road
and 15 feet along Gulfshore Drive. The front setback for the parking structure is 10 feet along Southbay.
The tower buildings are setback 35 feet or greater from both Vanderbilt Beach Road and Gulfshore Drive.
The tower building setback is shown with a gray shaded area on the PUD Master Plan document. The
current C-3 district setback along Vanderbilt Beach Road, Southbay and Gulf Shore Drive is 25 feet. The
height of the proposed parking structure is 35 feet at the front setback line.
Summary Findings MU Tract 1 (South Parcel intersection Vanderbilt Beach Road-Gulf Shore Drive):
As defined by Section 163.3164(9), FS [from the Florida Community Planning Act] and the Collier
County Land Development Code, “Compatibility” means a condition in which land uses or conditions can
coexist in relative proximity to each other in a stable fashion over time such that no use or condition is
unduly negatively impacted directly or indirectly by another use or condition.
The adjacent and abutting buildings include:
North-the Lighthouse Inn hotel, 2-stories, 25-feet height; Turtle Club Condominium Resort 9256
Gulfshore 5-stories, 60 feet height;
East-Vanderbilt Palms condominiums, two-stories over ground level parking, 40-feet, Daruma single-
story, 25-feet; and Regatta 148 feet (Miralia PUD)
South-Collier County parking garage 3-stories, 40-feet height;
West-Beachmoor Condominium 12-stories, ±125-feet, Phoenician Sands 6-stories, 75-feet;
The (revised) height of the proposed tower buildings at 186-feet actual height is 61 feet taller than the
Beachmoor building and 38 feet taller than the Regatta building. The maximum height in the C-3 zone
district is ±76 feet.
The proposed 15-foot parking structure wall setback along Vanderbilt Beach Road and Gulf Shore Drive
for the MU Tract 1 is 10 feet closer to the property line than the required 25 -foot setback in the C-3 zone
district, Section 4.02.01 of the LDC. The tower building setback along Vanderbilt Beach Road and
Gulfshore Drive is 35 feet or greater.
Summary Findings MU Tracts 3 and 4 (North Parcel on Vanderbilt Lagoon): The height of the
proposed buildings at 87 feet is 11 feet taller than the maximum height in the C-3 zone district, which is
±76 feet.
The proposed 10-foot setback for MU Tract 3 and 4 buildings is 15 feet closer to the property line than
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the required 25-foot setback in the C-3 zone district, Section 4.02.01 of the LDC.
Summary Findings MU Tract 2 (South Parcel intersection Southbay-Vanderbilt): The height of the
proposed buildings at 77 feet is about 1 foot taller than the maximum height in the C-3 zone district,
which is ±76 feet.
The proposed 10-foot setback for MU Tract 3 and 4 buildings is 15 feet closer to the property line than
the required 25-foot setback in the C-3 zone district for Center Street and 10 feet closer to the property
line for Vanderbilt Beach Road.
FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help
offset the impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as
needed to maintain an adopted Level of Service (LOS) for public facilities. Additionally, in order to meet
the requirements of concurrency management, the developer of every local development order approved
by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with
the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees
collected prior to issuance of a building permit include building permit review fees. Finally, additional
revenue is generated by application of ad valorem tax rates and that revenue is directly related to the value
of the improvements. Please note that impact fees and taxes collected were not included in the criteria
used by staff and the CCPC to analyze this petition.
GROWTH MANAGEMENT IMPACT: A companion petition [PL20190000696/CPSS-2019-10]
Small Scale Growth Management Plan Amendment (GMPA) application has been submitted for 5.42
acres. The amendment seeks to allow up to 172 multi-family residential dwelling units, up to 10,000
square feet of commercial uses, a marina, ships store, and to increase the allowable density from 16 DU/A
to 31.7 DU/A. Additionally, petition [PL20190000696/CPSS-2019-10] seeks to establish a new mixed-
use Subdistrict in the Future Land Use Element (FLUE) and on the Future Land Use Map (FLUM) and
map series for the subject property.
CONCLUSION FOR GMP CONSISTENCY
Due to the request for increased density from the maximum allowed density of 16 DU/A to 31.7 DU/A,
the petition is not consistent with the adopted GMP, therefore the petitioner submitted the companion
GMPA PL20190000696/CPSS-2019-10 for consideration.
The MPUD petition may be deemed consistent if and when, the companion GMP amendment petition
PL20190000696/CPSS-2019-10 is adopted and goes into effect. The PUD Ordinance needs to provide
for the effective date consistent with the effective date of the companion GMP amendment petition. The
Comprehensive Planning Consistency Review Memo has been included as Attachment E.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard petition PUDZ-PL20190000697 and companion item GMPA-PL2019000696 during 3 days of
public hearings on October 1, October 15, and November 5, 2020.
Following deliberation, Commissioner Schmitt moved to recommend approval, second by Commissioner
Homiak of PL20190000697, the One Naples PUDZ for no greater than 160-feet zoned height, which is 12
stories over parking; that all traffic improvements will be completed prior to the issuing of the first
certificate of occupancy; and that all the other requirements as specified by the developer to inclu de all of
the architectural renderings will be included as part of the PUD packet as a commitment to the design that
was presented and to include both the low-rise and the two towers as part of the petition; and to include
the three deviations as proposed by the applicant and recommended for approval by staff. Commissioners
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Schmitt, Homiak and Klucik voted in favor of the motion. Commissioners Shea, Vernon, and Fry voted
against the motion. The motion failed 3-3. A portion of the transcript of the CCPC minutes from the 11-
5-2021 meeting is included as an attachment “CCPC Minutes 11-5-2020.”
LEGAL CONSIDERATIONS: This is a site-specific rezone from a Commercial Intermediate District
(C-3) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for a project to
be known as the One Naples MPUD. The burden falls upon the applicant to prove that the proposed
rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County
Commissioners, should it consider denying the rezone, to determine that such denial would not be
arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does
not meet one or more of the listed criteria below.
Criteria for MPUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for approval
or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or
other instruments or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense? Findings and
recommendations of this type shall be made only after consultation with the County Attorney.
3. Consider: Conformity of the proposed MPUD with the goals, objectives, and policies of the
Growth Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring
the adequacy of available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate
expansion.
8. Consider: Conformity with MPUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications are justified
as meeting public purposes to a degree at least equivalent to literal application of such
regulations.
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9. Will the proposed change be consistent with the goals, objectives, and policies and future
land use map and the elements of the Growth Management Plan?
10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested MPUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed
amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types of
traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance
with existing zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
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24. Consider: The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
25. Consider: The impact of development resulting from the proposed MPUD rezone on the
availability of adequate public facilities and services consistent with the levels of service
adopted in the Collier County Growth Management Plan and as defined and implemented
through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as
amended.
26. Are there other factors, standards, or criteria relating to the MPUD rezone request that the
Board of County Commissioners shall deem important in the protection of the public health,
safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the written
materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies,
letters from interested persons and the oral testimony presented at the BCC hearing as these it ems relate
to these criteria. The proposed Ordinance was prepared by the County Attorney’s Office. This item has
been approved as to form and legality and requires an affirmative vote of four for Board approval.
(HFAC)
RECOMMENDATION: Staff recommends approval for petition number PL20190000697 One Naples
MPUD subject to approval of the GMPA PL20190000696 and Right-of-Way Vacation PL20200000368,
and subject to the following development standards and subject to Conditions 1 and 2:
Maximum building height for all Tracts is 76 feet actual height, except that Tract 1 can be increased to
±125 feet actual height.
Minimum Building setbacks for all Tracts is 25 feet, except that minimum building setbacks for Tract 1
can be reduced to 15 feet if street accessible pedestrian commercial uses are within a building at the
intersection of Vanderbilt Beach Road and Gulfshore Drive.
1. Developer commitment shall include a right-turn lane for northbound Gulf Shore Drive.
2. A Type B Buffer is required along the northern waterfront boundary, adjacent to Vanderbilt Lagoon,
for areas not developed with buildings or structures.
Prepared by: C. James Sabo, AICP, Comprehensive Planning Manager, Zoning Division
ATTACHMENT(S)
1. Final Staff Report One Naples 9-24-2020 (PDF)
2. Attachment A Revised PUD Ord. Final 2-5-21 (PDF)
3. Attachment B Revised Master Plans (PDF)
4. CCPC 10-15-2020 Attachment A Ordinance 10.07.2020 (PDF)
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5. CCPC 10-15-2020 Attachment B Master Plan (PDF)
6. Attachment C Density Map PUD OneNaples (PDF)
7. Attachment D Unit Counts OneNaples (PDF)
8. Attachment E Consistency Review Comp Plan (PDF)
9. Attachment F Transportation STAFF MEMO One Naples 8-28-20 (PDF)
10. Attachment G Building Envelope C-3 zone (PDF)
11. [Linked] One Naples MPUD Back-up and opposition letters (PDF)
12. legal ad (PDF)
13. [Linked] transcript.10-1-20 ccpc minutes pages 44-113 one naples (PDF)
14. [Linked] transcript.10-15-20 ccpc mtg minutes (PDF)
15. [Linked] transcript.11-05-20 ccpc mtg minutes.one naples (PDF)
16. Hybrid Waiver One Naples PUDZ and GMPA (PDF)
17. Procedural Memo One Naples Final 2-4-21 (PDF)
18. [Linked] - Save Vanderbilt Beach Comments (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 2.C
Doc ID: 14399
Item Summary: This item requires ex-parte disclosure be provided by the Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established
the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein
described real property from a Commercial Intermediate district (C-3) zoning district to a Mixed Use
Planned Unit Development (MPUD) zoning district for the project to be known as One Naples MPUD, to
allow construction of up to 172 multi-family dwelling units and/or hotel rooms/suites, but no less than 40
residential units, up to 208 feet in height including a parking deck, and 10,000 square feet of C-3,
commercial intermediate commercial uses, and a marina and a ship store. The subject property is located
at the northeast corner of the intersection of Gulf Shore Drive and Vanderbilt Beach Road in Section 32,
Township 48 South, Range 25 East, consisting of 5.42 ± acres: and by providing an effective date.
(PL20190000697) (This is a companion to Items 2B, PL20190000696 and Item 3A).
Meeting Date: 03/01/2021
Prepared by:
Title: – Zoning
Name: James Sabo
12/08/2020 4:34 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
12/08/2020 4:34 PM
Approved By:
Review:
Growth Management Department Diane Lynch Department Head Review Skipped 01/28/2021 8:52 AM
Zoning Ray Bellows Additional Reviewer Completed 02/10/2021 3:21 PM
Zoning Anita Jenkins Additional Reviewer Completed 02/10/2021 4:33 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 02/11/2021 8:00 AM
Growth Management Department Thaddeus Cohen Additional Reviewer Completed 02/11/2021 9:34 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 02/12/2021 11:38 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/12/2021 12:06 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/12/2021 1:28 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/17/2021 4:32 PM
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County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/23/2021 3:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/01/2021 9:00 AM
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MUDZ-PL20190000697; One Naples MPUD Page 1 of 24
Revised: September 24, 2020
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 1, 2020
SUBJECT: MPUD-PL20190000697 ONE NAPLES MPUD
COMPANION GMPA, PL20190000696-CPSS-2019-10
COMPANION RIGHT-OF-WAY VAC, PL20200000368
______________________________________________________________________________
PROPERTY OWNERS/APPLICANT/AGENT:
Owner: Agents:
Vanderbilt Naples Holdings, LLC
2639 Professional Circle Suite 101
Naples, FL 34119
Applicant:
Vanderbilt Naples Holdings, LLC
2639 Professional Circle Suite 101
Naples, FL 34119
Robert J. Mulhere, FAICP, V.P.
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
Richard Yovanovich, Esq.
Coleman, Yovanovich, Koester
4001 Tamiami Trail N. suite 300
Naples, FL 34103
REQUESTED ACTION:
The applicant is requesting that the Collier County Planning Commission (CCPC) consider an
application to rezone a property from C-3 Commercial Intermediate Zoning District to Mixed-Use
Planned Unit Development (MPUD) One Naples. The property consists of two parcels created
from several small lots. There is a companion application for right-of-way vacations for Gulf Shore
Court between Southbay and Vanderbilt Beach Road, a portion of Center Street, and a public
alleyway from Southbay Drive to Gulf Shore Court. Additionally, there is a companion Small
Scale GMPA for 5.42 acres related to this request. The total acreage for the MPUD rezoning
request is 5.42 acres.
GEOGRAPHIC LOCATION:
The subject property is located at the northeast corner of Gulf Shore Drive and Vanderbilt Beach
Road in Section 32, Township 48 South, Range 25 East, Collier County (see location map, page
2). The proposed Master Plan is included in the PUD Ordinance, and as Attachment B.
2.C.1
Packet Pg. 140 Attachment: Final Staff Report One Naples 9-24-2020 (14399 : PL20190000697 PUDZ One Naples PUD)
MUDZ-PL20190000697; One Naples MPUD Page 2 of 24
Revised: September 24, 2020
2.C.1Packet Pg. 141Attachment: Final Staff Report One Naples 9-24-2020 (14399 : PL20190000697 PUDZ One Naples PUD)
MUDZ-PL20190000697; One Naples MPUD Page 3 of 24
Revised: September 24, 2020
PURPOSE/DESCRIPTION OF PROJECT:
The subject property consists of two aggregated parcels. The north parcel consists of platted lots
fronting the Vanderbilt Lagoon on the north side of Southbay Drive (Lots 11-32, Block A,
Vanderbilt Beach Center Subdivision). The south parcel is larger and consists of platted lots in
Block D of the Vanderbilt Beach Center Subdivision. The applicant proposes to vacate portions of
the rights-of-way for Gulfshore Court and Center Street. A connector road similar to Gulfshore
Court is proposed between Southbay and Vanderbilt Beach Road. The parcels and the proposed
right-of-way vacation make up the 5.42 acres of the proposed Subdistrict and MPUD requested
development area. The site is presently zoned C-3, Commercial Intermediate. The applicant
proposes 172 residential or hotel units, up to 10,000 square feet of commercial uses, a marina with
a fuel dock, and a ship’s store.
The applicant proposes to redevelop both parcels north and south. On the north parcel, the
applicant proposes to develop two mid-rise residential buildings on Tract 3 and Tract 4 fronting
on the Vanderbilt Lagoon. The buildings are 5 stories over 1 level of parking with 20 units per
building. (Note: the PUD Ordinance does not indicate the number of units for Tract 3 and 4) The
building height is 55-feet zoned and 87-feeet actual height. A marina is proposed at the Vanderbilt
Lagoon frontage for the Tract 3 and 4 buildings, which is primarily limited to residents and guests.
A maximum of 4 transient slips may be permitted and leased to charter boats. A ship’s store and
fuel dock are proposed as well.
On the south parcel at the northwest corner of Southbay Drive and Vanderbilt Beach Road, the
applicant proposes to develop one mid-rise residential building on Tract 2 fronting on Southbay
and Vanderbilt Beach Road. The building is 5 stories over 1 level of parking with 30 units
residential units. The building height is 55-feet zoned and 77-feet actual height.
On the south parcel at the northeast corner of Gulf Shore Drive and Vanderbilt Beach Road, the
applicant proposes to develop two high-rise residential tower buildings on Tract 1 fronting on Gulf
Shore Drive and Vanderbilt Beach Road. The tower buildings are 14 stories over 2 levels of
parking deck with 102 residential or hotel units. The building height is 182-feet zoned and 208-
feet actual height.
The residential towers are proposed to be constructed above a two-level parking structure. There
are commercial uses proposed on Tract 1, including up to 10,000 s.f. for the following uses: retail,
restaurant, personal services, and professional office. All proposed buildings for the project include
recreational uses, such as pools and fitness centers as permitted accessory uses.
Please note that the applicant’s proposal is conceptual, and the PUD Ordinance does not limit the
number of buildings and units for each Tract.
SURROUNDING LAND USE AND ZONING:
North: Restaurant-Hotel, Vanderbilt Lagoon, zoned CPUD and RSF-3ST
South: Hotel-Restaurant, Residential (high-rise), zoned Pelican Bay PUD
2.C.1
Packet Pg. 142 Attachment: Final Staff Report One Naples 9-24-2020 (14399 : PL20190000697 PUDZ One Naples PUD)
MUDZ-PL20190000697; One Naples MPUD Page 4 of 24
Revised: September 24, 2020
East: Residential condominium Barefoot Pelican, Vanderbilt Palms, zoned, C-3
West: Residential condominium Beachmoor, zoned RT-VBRTO overlay district
Aerial Map (County GIS)
The surrounding dwellings unit counts, and adjacent PUD densities are listed here:
Miralia PUD (Regatta) – 23.44 DU/A
Pelican Bay PUD – 3.7 DU/A
Residential Unit Counts from the Collier County Appraiser:
Admiralty of Vanderbilt Beach 12 units
Barefoot Pelican 60 units
Floridian Club (East) N/A
Floridian Club (West) N/A
Gulf Pointe 15 units
Lighthouse Inn N/A
Phoenician Sands 10 units
Regatta at Vanderbilt Beach I 92 units
Regatta at Vanderbilt Beach II 61 units
Regatta at Vanderbilt Beach III 79 units
2.C.1
Packet Pg. 143 Attachment: Final Staff Report One Naples 9-24-2020 (14399 : PL20190000697 PUDZ One Naples PUD)
MUDZ-PL20190000697; One Naples MPUD Page 5 of 24
Revised: September 24, 2020
Sausalito of Naples 7 units
Seawatch 26 units
The Beachmoor 33 units
The Vanderbilt 19 units
The Watermark 22 units
Vanderbilt B Harbour Club (East) 18 units
Vanderbilt B Harbour Club (West) 26 units
Vanderbilt Beach Motel N/A
Vanderbilt Beach Motel Condo 16 units
Vanderbilt Hideaway 15 units
Vanderbilt Palms 28 units
A density map of the surrounding PUD projects and a Residential Unit Count map of surrounding
properties have been included as Attachment C and D.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
A companion petition [PL20190000696/CPSS-2019-10] Small Scale Growth Management Plan
(GMPA) Amendment application has been submitted for 5.42 acres to rezone property from the
C-3, Commercial Intermediate Zoning District to a Mixed Use Planned Unit Development
(MPUD). The amendment seeks to allow up to 172 multi-family residential dwelling units or hotel
units, up to 10,000 square feet of commercial uses, and to increase the allowable density from 16
DU/A to 31.7 DU/A. Additionally, petition [PL20190000696/CPSS-2019-10] seeks to establish a
new mixed-use Subdistrict in the Future Land Use Element (FLUE) and on the Future Land Use
Map (FLUM) and map series for the subject property.
CONCLUSION FOR GMP CONSISTENCY
Due to the request for increased density from the maximum allowed density of 16 DU/A to 31.7
DU/A, the petition is not consistent with the adopted GMP, therefore the petitioner submitted the
companion GMPA PL20190000696/CPSS-2019-10 for consideration.
The MPUD petition may be deemed consistent if and when, the companion GMP amendment
petition PL20190000696/CPSS-2019-10 is adopted and goes into effect. The PUD Ordinance
needs to provide for the effective date consistent with the effective date of the companion GMP
amendment petition. The Comprehensive Planning Consistency Review Memo has been included
as Attachment E.
Transportation Element: The Transportation Division evaluation and staff review section is a
separate document and included as Attachment F.
Conservation and Coastal Management Element (CCME): Environmental review staff has
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). The project site consists of 0.11 acres of native vegetation. A minimum of 0.03 acres
(25%) of native vegetation is required to be preserved.
2.C.1
Packet Pg. 144 Attachment: Final Staff Report One Naples 9-24-2020 (14399 : PL20190000697 PUDZ One Naples PUD)
MUDZ-PL20190000697; One Naples MPUD Page 6 of 24
Revised: September 24, 2020
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition, including the criteria
upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5,
Planning Commission Recommendation (referred to as the “PUD Findings”), and Section
10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone
Findings”), which establish the legal basis to support the CCPC’s recommendation.
Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems
in the area. Stormwater best management practices, treatment, and storage will be addressed
through the environmental resource permitting process with the South Florida Water Management
District. County staff will also evaluate the project’s stormwater management system, calculations,
and design criteria at the time of site development plan (SDP) and if needed, platting (PPL).
Environmental Review: Environmental Planning staff has reviewed the petition to address
environmental concerns. The property was cleared in 1962 and consists of developed and vacant
parcels. The Master Concept Plan illustrates the minimum PUD preserve requirement will be
addressed offsite in accordance with LDC 3.05.07.H.1.f. The required preserve is 0.03 acres (25%
of 0.11 acres). No listed animal or plant species were observed on the property. The applicant has
proposed to remove existing docking facilities and construct a new multi-slip docking facility. The
property is located adjacent to Vanderbilt Lagoon, a man-altered waterbody.
In accordance with LDC section 5.05.02, all proposed multi-slip docking facilities with ten or more
slips are required to be reviewed for consistency with the Manatee Protection Plan (MPP). The
MPP has been adopted by the Board of County Commissioners and approved by the Florida
Department of Environmental Protection (DEP) in 1995. The MPP has been established to provide
protection for manatees by limiting slip counts in sensitive marine habitat and improving manatee
awareness. The marina citing criteria establishes three rankings for proposed multi-slip docking
facilities: “Preferred,” “Moderate,” and “Protected.” The rankings are determined based on an
analysis of the water depth, impact to native marine habitat and manatee use. The ranking outcome
establishes the maximum slip count allowed for a proposed multi-slip docking facility. The
ranking will be determined with the submittal of a Manatee Awareness and Protection Plan
Consistency Determination at the time of site development review.
Transportation Review: Transportation staff finds this petition consistent with the GMP with the
proposed Transportation Planning Staff condition of approval and therefore recommends
approval of the One Naples PUDZ PL20190000697, and further recommends that the Collier
County Planning Commission (CCPC) forward the petition to the Board of County
Commissioners (BCC) with a recommendation of approval with the following condition of
approval:
Transportation Planning condition of approval: Developer commitment 2.B.i. shall include a
right-turn lane for northbound Gulf Shore Drive. This condition is in addition to the Developer
Commitment for design and installation of a traffic signal at the intersection of Gul f Shore Drive
and Vanderbilt Beach Road. Therefore, it expands the Developer Commitment to a traffic signal
and northbound right-turn lane. Commitment 2.B.i can be found at the bottom of page 9 in the
proposed PUD ordinance.
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Landscape Review: The applicant is requesting one deviation pertaining to landscape
requirements. See deviation discussion below. The landscape buffers labeled on the Master Plan
(Exhibit C-1) of the PUD Ordinance are consistent with the LDC except for the SW corner of the
property where the applicant is seeking a deviation.
Within the buffers labeled on the Master Plan, the applicant is proposing enhanced planting above
and beyond the requirements of the LDC. These plantings are shown in Exhibit G.
The Master Plan does not show a buffer on the northern boundary, adjacent to Vanderbilt Lagoon,
because the Development Standards (Exhibit B) include a zero-foot setback adjacent to the
waterfront. This is consistent with LDC Section 4.02.05, Specific Design Standards for Waterfront
Lots, which allow development to be placed at the water’s edge in order to enhance the character
of waterfront development. At time of Site Development Plan submittal, staff will require a Type
B Buffer along the waterfront yard in areas that are not developed to the waterfront.
The right turn lane onto Gulfshore Drive from Vanderbilt Beach Road required as a condition of
approval from transportation staff will require compensating right-of-way. Therefore, a condition
of approval is recommended to update the Master Plan, Exhibit G, to reflect the additi onal
compensating right-of-way and its impacts on the required landscape buffer.
School District: One Naples (PUDZ-PL20190000697) At this time, there is existing or planned
capacity within the next 5 years for the proposed development at the elementary, middle, and high
school levels. At the time of site plan or plat, the development project would be reviewed for
concurrency to ensure there is capacity either within the concurrency service area the project is
located within or adjacent concurrency service areas.
Utilities Review: The project lies within the regional potable water service area and the north
wastewater service area of the Collier County Water-Sewer District (CCWSD. Water and
wastewater services are readily available via connections to existing infrastructure on-site and
within adjacent rights-of-way. Sufficient water and wastewater treatment capacities are available.
The developer has committed to routing wastewater generated by the project to the gravity sewer
on Vanderbilt Beach Road, approximately 400 feet southeast of the project, rather than utilizing
the existing collection system that routes flow from Vanderbilt Beach Center to the northwest via
the existing gravity sewer on Gulf Shore Drive. The project will necessitate modifications to the
existing collection system, and the developer has committed to completing those improvements
without interrupting service to existing customers. Furthermore, the developer has agreed that no
vertical construction will be permitted within MU Tract 1 before permanent replacement
easements are provided pursuant to commitments made for the companion application to vacate
(VAC-PL20200000368).
Adequate downstream wastewater system capacity must be confirmed at the time of
development permit (SDP or PPL) review through a thorough engineering analysis, which will
be discussed at a mandatory pre-submittal conference with representatives from the Public
Utilities Engineering and Project Management Division and the Growth Management
Development Review Division. Any improvements to the Collier County Water-Sewer District’s
wastewater collection/transmission system necessary to provide sufficient capacity to serve the
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project will be the responsibility of the owner/developer and will be conveyed to the Collier
County Water-Sewer District at no cost to the County at the time of utilities acceptance.
Zoning Review: Zoning Division staff has evaluated the proposed uses related to their intensity
and scale. The proposed development standards for the project were reviewed. The Zoning
Division also evaluated the location and orientation of the existing uses related to the request for
PUD rezone.
For evaluation and comparison, the Zoning staff has provided examples of permitted uses,
conditional uses, and development standards for the existing C-3 Commercial Intermediate zoning
district from Section 4.02 of the Land Development Code (LDC).
Current Zoning is C-3 Commercial Intermediate:
Intent of the district is to provide a wider variety of goods and services for areas expected to receive
a higher degree of auto traffic. The variety of good and services provides an opportunity for
comparison shopping. The district is intended for planned shopping centers as well.
Permitted Uses in C-3:
General commercial uses, such as retail merchandise, healthcare offices, banks, religious and other
comparable uses. Hotels are not listed as permitted or conditional uses in the C-3 zone district.
Conditional Uses in C-3:
Auto dealers, drinking places, grocery stores, hospitals, movie theaters, mixed-use commercial and
residential and comparable uses determined by the Board of Zoning Appeals.
Development standards for C-3 (maximum and minimum):
Minimum Lot Area—10,000 square feet, meets the standard
Minimum Lot Width—75 feet, meets the standard
Maximum Building Coverage—None
Maximum Building Height commercial—50 feet
Minimum Distance Between Buildings—None
Minimum Floor Area (first floor)—700 square feet,
Floor to Area Ratio—None
Maximum Building Height commercial and residential-mixed-use—±76 feet (FEMA first floor 12
feet NAVD), including 10 feet for mechanical equipment or peak roof.
Maximum Number of Stories—2 stories, (4-stories if two levels of parking)
Maximum Dwelling Units Per Acre—16 units
Minimum Front Yard—50% of building height not less than 25 feet
Minimum Side Yard—50 % of building height not less than 15 feet, minimum waterfront 25 feet,
marina setback is 0.0 feet
Minimum Rear Yard—50% of building height not less than 15 feet, minimum waterfront 25 feet,
marina setback is 0.0 feet
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Maximum Commercial Square Footage (both parcels)—approximately 164,000 square feet,
maximum building envelope, including proposed right-of-way vacation as detailed: A building
envelope map is included as attachment G.
North Parcel = building envelope is ±37,507 square feet.
37,507 sf commercial building 2-stories over a parking level with ±185 off-street spaces.
South Parcel = building envelope is ±126,179 square feet.
126,179 sf commercial building 2-stories over a parking level with ±645 off-street spaces.
(Note: Maximum commercial area is illustrative only. Several variables can affect the maximum
square footage for C-3 uses, including stormwater, drainage, and utilities).
Proposed PUD Rezone / Proposed Development Standards:
The project site area is 5.42 acres. The applicant has requested to increase density at the project
site from 16 DU/A to 31.7 DU/A.
The proposed PUD is split into two parcels. The north parcel fronts on the Vanderbilt Lagoon and
South Bay Drive. The south parcel fronts Vanderbilt Beach Road and Gulf Shore Drive. The south
parcel includes a pending right-of-way vacation for Gulf Shore Court, the Gulf Shore Court
alleyway, and part of Center Street. The One Naples project as proposed, seeks to exceed the
current C-3 Zone District standards from Section 4.02.01 of the LDC.
MU Tracts 3 and 4 (North Parcel on Vanderbilt Lagoon):
The applicant proposes two buildings that appear as a single structure with a length of ±525 feet.
The proposed height is zoned at 55 feet and the actual height is 87 feet. The buildings are proposed
at 87 feet actual height and are five stories over a parking level. Rooftop pool amenities are
proposed. The adjacent building Vanderbilt Palms is two-stories over a parking level. The abutting
building Barfoot Pelican is four-stories over a parking level.
The setback for both existing buildings, Barefoot Pelican and Vanderbilt Palms, is 25 feet. The
proposed MU Tract 3 and 4 buildings are setback 10 feet. The buildings as proposed would be
setback 15 feet (closer to the street) than the existing C-3 zoning district would require.
MU Tract 2 (South Parcel intersection Southbay-Vanderbilt):
The applicant proposes an additional single mid-rise building on Tract 2 with a length of ±260
feet. The proposed height is zoned at 55 feet and the actual height is 77 feet. The building is
proposed at 77 feet (not 87 feet) and is five stories over a parking level; 10 feet less than the Tracts
3 and 4 buildings. A rooftop pool amenity is proposed. The adjacent building Sotheby’s Premier
Real Estate is one-story over a parking level. The adjacent building Daruma restaurant is a single-
story commercial building surrounded by surface parking. The building as proposed would be
higher than the C-3 zoning district would allow from Section 4.02.01 of the LDC. The proposed
MU Tract 2 building is setback 10 feet from Center Street. The proposed MU Tract 2 building
setback along Vanderbilt Beach Road is 15 feet.
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MU Tract 1 (South Parcel intersection Vanderbilt Beach Road-Gulf Shore Drive):
The applicant proposes two residential or hotel tower buildings above a 2-story parking structure
at grade. There is a circular entry drive at the building entrance. There is a relocated roadway that
connects Southbay to Vanderbilt Beach Road at the east side of the tower buildings. Tower 1 and
Tower 2 occupy the area between Southbay, Gulfshore Drive, and Vanderbilt Beach Road. For
each tower, the proposed height is zoned at 182 feet and the actual height is 208 feet. The towers
are proposed at 14-stories over two-stories of a parking structure. The pool and amenity area are
above the 2-story parking structure.
The proposed MU Tract 1 building setback along Vanderbilt Beach Road is 15 feet and Gulf Shore
Drive and; the building setback is 10 feet along Southbay. The current C-3 district setback along
Vanderbilt Beach Road, Southbay and Gulf Shore Drive is 25 feet. The proposed parking structure
for the tower 1 and tower 2 buildings fronts along Vanderbilt, Gulf Shore, and South Bay. The
proposed parking structure wall is 15 feet from the sidewalk along Vanderbilt Beach Road and
Gulf Shore Drive. The proposed parking structure wall is 10 feet from the sidewalk along South
Bay Drive. The height of the proposed parking structure is 35 feet at the setback line.
Summary Findings MU Tract 1 (South Parcel intersection Vanderbilt Beach Road-Gulf Shore
Drive):
As defined by Section 163.3164(9), FS [from the Florida Community Planning Act]
“Compatibility” means a condition in which land uses or conditions can coexist in relative
proximity to each other in a stable fashion over time such that no use or condition is unduly
negatively impacted directly or indirectly by another use or condition.
The adjacent and abutting buildings include:
North—the Lighthouse Inn hotel, 2-stories, 25-feet height; Turtle Club Condominium Resort 9256
Gulfshore 5-stories, 60 feet height;
East—Vanderbilt Palms condominiums, two-stories over ground level parking, 40-feet, Daruma
single-story, 25-feet;
South—Collier County parking garage 3-stories, 40-feet height;
West—Beachmoor Condominium 12-stories, ±125-feet, Phoenician Sands 6-stories, 75-feet;
The height of the proposed tower buildings at 208-feet actual height are not directly compatible
with the adjacent neighboring buildings. The current allowable maximum height in the C-3 zone
district is ±76 feet. The Planning Commission may wish to request the applicant to reduce the
height of the proposed MU Tract 1 buildings to the C-3 zoning Section 4.02.01 LDC standards.
Residents from the surrounding neighborhoods have requested a reduction of building heights as
well. At a reduced height, the buildings may be more compatible in height to the Barefoot Pelican,
Vanderbilt Palms, Phoenician condominiums, Beachmoor condominiums, the Turtle Club
condominiums and surrounding buildings in the Vanderbilt Beach neighborhood.
The proposed 15-foot setback along Vanderbilt Beach Road and Gulf Shore Drive for the MU
Tract 1 building and the proposed 10-foot setback along Southbay Drive for the MU Tract 1
building are not directly compatible with the 25-foot setback required in the C-3 zone district,
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Section 4.02.01 of the LDC. The Planning Commission may wish to request the applicant to
increase the setback for MU Tract 1 buildings to 25 feet for all three street frontages: Vanderbilt
Beach Road, Gulf Shore Drive, and Southbay. Residents from the surrounding neighborhoods
have requested an increase in building setbacks as well. With a 25-foot setback, the proposed
building would be more compatible with the C-3 zone district and with the adjacent buildings like
the Beach Store, the Beach Box, Sotheby’s and surrounding buildings in the Vanderbilt Beach
neighborhood.
Alternatively, the Planning Commission may wish to consider reduced setbacks at the intersection
of Vanderbilt Beach and Gulf Shore Drive if the applicant chooses to activate the street and
proposes pedestrian commercial and retail uses.
Importantly, the proposed tower 1 and 2 buildings and parking structure as proposed remove long
standing pedestrian commercial uses from the intersection of Vanderbilt Beach Road and Gulf
Shore Drive. The Beach Box dates to 2014, but prior to that there was Island Drug, Palm Beach
Café, Dipper Del Ice Cream, and Will-A-the-Wisp beach clothing and sundries. Additionally, the
Beach Store will be removed and not replaced.
The Vanderbilt Beach access area is a high pedestrian traffic area and residents and business
owners may benefit from street level commercial uses at the prominent intersection. If there were
street level commercial spaces, the proposed tower 1 and 2 and the parking structure building may
be more compatible with the existing conditions at the intersection of Vanderbilt Beach Road and
Gulf Shore Drive. For illustrative purposes. An example of a design that is more pedestrian
oriented for street level commercial uses would be a parking structure building with liner retail
buildings similar to that shown in Photo 3.
As proposed, there is an additional amount of landscape buffer material at the parking structure
wall, which will screen the parking structure wall at the pedestrian level. The parking structure
wall will be visible above the tree line and above the hedge row. The street interaction for MU
Tract 1 will be very similar to Photo 1 and Photo 2., which shows the heavy landscape buffer at
the Collier County parking garage.
The tower 1 and 2 scale and massing are not directly compatible with the adjacent buildings. The
current allowable maximum height in the C-3 zone district is ±76 feet and buildings in the
surrounding Vanderbilt Beach neighborhood are between ±25 feet and ±125 feet. Residents from
the surrounding neighborhoods have requested a reduction of the buildings scale and massing. The
Planning Commission may wish to request the applicant to consider reducing the massing of the
proposed towers to make them more compatible with the existing neighborhood.
Alternatively, the Planning Commission may wish to consider increased building height at the
intersection of Vanderbilt Beach and Gulf Shore Drive if the applicant chooses to utilize step back
architecture for the tower 1 and tower 2 buildings designing the buildings to be narrow on the
upper floors.
For illustrative purposes, one example, of step back or “wedding cake” style architecture is Photo
4. If the proposed tower 1 and tower 2 were more narrow at the upper floors, it may allow more
light and air to flow for the neighborhood residents.
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As stated, the proposed buildings exceed the C-3 height and setback provisions. The Planning
Commission may wish to consider requesting the applicant to amend the development standards,
so they are compatible with the C-3 zone district provisions of LDC Section 4.02.01 or other
development standards that may be appropriate.
Summary Findings MU Tracts 3 and 4 (North Parcel on Vanderbilt Lagoon): The height of the
proposed buildings at 87 feet is not directly compatible with the neighboring buildings. The
proposed height exceeds the C-3 zone district provisions of Section 4.02.01 of the LDC. The
Planning Commission may wish to request the applicant to reduce the height of the proposed MU
Tract 3 and 4 buildings. Residents from the surrounding neighborhoods have requested a reduction
of building heights as well. At a reduced height, the buildings may be more compatible in height
to the Barefoot Pelican, Vanderbilt Palms and other surrounding buildings in the Vanderbilt Beach
neighborhood.
The proposed 10-foot setback for MU Tract 3 and 4 buildings is not directly compatible with the
25-foot setback for Vanderbilt Palms and the Barefoot Pelican buildings and exceeds the C-3 zone
district provisions of Section 4.02.01 of the LDC. The MU Tract 3 and 4 buildings are 15 feet
closer to South Bay Drive than other buildings on the street. The Planning Commission may wish
to request the applicant to increase the setback for MU Tract 3 and 4 buildings to 25 feet. With a
25 feet setback, the proposed buildings may be more compatible with the adjacent and abutting
buildings and other surrounding buildings in the Vanderbilt Beach neighborhood.
The Tract 3 side setback is 10 feet since the perimeter setback is not applicable. The Tract 4 side
setback at Barefoot Pelican is ½ the zoned building height. The zoned height is 55 feet which
results in a 27.5-foot setback. The actual building height is 87 feet, which results in a 43.5-foot
setback. Using the zoned height reduces the east setback and distance between Barefoot Pelican
condominiums and the proposed Tract 4 building. The Planning Commission may wish to request
the applicant to change the Barefoot Pelican east side setback for Tract 4 to ½ the actual height
instead of ½ the zoned height. A larger setback may allow more light and air to flow. The
surrounding residents have expressed a desire for more open space for proposed buildings.
As stated, the proposed buildings exceed the C-3 height and setback provisions. The Planning
Commission may wish to consider requesting the applicant to amend the development standards,
so they are compatible with the C-3 zone district provisions of LDC Section 4.02.01 or other
development standards that may be appropriate.
Summary Findings MU Tract 2 (South Parcel intersection Southbay-Vanderbilt): The height of
the proposed building for Tract 2 at 77 feet is not directly compatible with the surrounding
buildings. The proposed height exceeds the C-3 zone district provisions of Section 4.02.01 of the
LDC. The Planning Commission may wish to request the applicant to reduce the height of the
proposed MU Tract 2 building. Residents from the surrounding neighborhoods have requested a
reduction of building heights as well. At a reduced height, the buildings may be more compatible
in height to the Barefoot Pelican, Vanderbilt Palms and other surrounding buildings in the
Vanderbilt Beach neighborhood.
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The proposed 10-foot setback along Center Street for the MU Tract 2 building is not directly
compatible with the ±25-foot setback for Sotheby’s, Daruma, and the Barefoot Pelican building.
The proposed setback exceeds the C-3 zone district provisions of Section 4.02.01 of the LDC. The
MU Tract 2 building is 15 feet closer to Center Street than the existing C-3 zoning district would
require. The Planning Commission may wish to request the applicant to increase the setback of the
proposed MU Tract 2 building. Residents from the surrounding neighborhoods have requested an
increase of building setbacks as well. With a 25-foot setback, the proposed building may be more
compatible with the adjacent, and surrounding buildings in the Vanderbilt Beach neighborhood.
The proposed 15-foot setback along Vanderbilt Beach Road for the MU Tract 2 building is not
directly compatible with the 25-foot setback for Sotheby’s, the Beach Box buildings, and the larger
setback at the Beach Store. The proposed setback exceeds the C-3 zone district provisions of
Section 4.02.01 of the LDC. The MU Tract 2 building is 10 feet closer to Vanderbilt Beach Road
than the existing C-3 zoning district would require. The Planning Commission may wish to request
the applicant to increase the setback of the proposed MU Tract 2 building. Residents from the
surrounding neighborhoods have requested an increase of building setbacks as well. With a 25-
foot setback, the proposed building may be more compatible with the adjacent, and surrounding
buildings in the Vanderbilt Beach neighborhood.
As stated, the proposed buildings exceed the C-3 height and setback provisions. The Planning
Commission may wish to consider requesting the applicant to amend the development standards,
so they are compatible with the C-3 zone district provisions of LDC Section 4.02.01 or other
development standards that may be appropriate.
Photo 1—MU Tract 1 Pedestrian
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Photo 2—MU Tract 1 Pedestrian
Photo 3—Parking structure retail liner building, coffee house
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Photo 4—Rendering step back architecture
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There are 3 Deviations requested as part of the proposed project. Discussion is covered below.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make
findings as to the PUD Master Plan’s compliance with the following criteria in addition to the
findings in LDC Section 10.02.08”: (Zoning Division staff responses in non-bold).
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Zoning Division staff has reviewed the proposed rezoning request and finds the uses for
hotel, commercial, marina, and residential are compatible and suitable. The traffic
suitability was reviewed by the Transportation Division in a separate memo. Drainage will
be reviewed at the time of SDP. The Public Utilities Division states that the Vanderbilt
Beach Center already receives potable water and wastewater services from the CCWSD,
and there are adequate water and wastewater treatment capacities available to future
development as proposed by this petition.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Documents submitted with the application were reviewed by the County Attorney’s Office
and demonstrate unified control.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Comprehensive Planning staff has reviewed the petition and analyzed it for consistency
with goals, objectives, and policies of the GMP and they find it to be consistent, if the
companion amendment application is approved.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on the location of improvements, restrictions on design, and
buffering and screening requirements.
The proposed development project eliminates long standing existing “street level”
neighborhood commercial uses like the Beach Store and the Beach Box restaurant. The
applicant has not proposed street level replacement uses at or near the intersection of
Vanderbilt Beach Road and Gulf Shore Drive. Adding street level commercial uses at the
intersection of Vanderbilt Beach Road and Gulf Shore Drive may be more compatible with
the Vanderbilt Beach neighborhood. Additionally, the proposed development standards for
MU Tracts 1 through 4 are not directly compatible with the C-3 zone district standards of
Section 4.02.01 of the LDC. The proposed PUD Document buffering, and screening
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standards have been reviewed the landscape review staff and the deviations for the buffers
are acceptable.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
There is no deviation from the required usable open space as submitted. However, the
proposed open space for the project area is located mostly on roof top amenity facilities.
Compliance with approved open space standards would be demonstrated at the time of
SDP.
6. The timing or sequence of development for the purpose of ensuring the adequacy of
available improvements and facilities, both public and private.
Compliance with all other applicable concurrency management regulations is required,
including but not limited to, plat plans or site development plans. The Public Utilities
Division states that the CCWSD has sufficient treatment capacities for water and
wastewater services to the project. Conveyance capacity must be confirmed at the time of
development permit application. The Transportation Division states that the roadway
infrastructure is sufficient to serve the proposed project as noted in the attached
Transportation Staff Report memo. Additional operational impacts will be addressed at
time of first development order (SDP or Plat), at which time a new TIS will be required to
demonstrate turning movements for all site access points. Finally, the project’s
development must comply with all other applicable concurrency management regulations
when development approvals, including but not limited to any plats and or site
development plans, are sought.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
All the surrounding area has been developed at some point in the past. The area has
adequate supporting infrastructure to accommodate this project, including readily available
County water and wastewater mains within the adjacent rights-of-way. Adequate public
facility requirements will be addressed when future development approvals are sought.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on a determination that such modifications are justified
as meeting public purposes to a degree at least equivalent to the literal application of
such regulations.
There are three deviations proposed for the requested PUD, which are detailed in the
deviations section of the report.
REZONE FINDINGS:
LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and
recommendations to the Planning Commission to the Board of County Commissioners…shall
show that the Planning Commission has studied and considered the proposed change in relation to
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the following when applicable.” Zoning Division staff responses are in non-bold:
1. Whether the proposed change will be consistent with the goals, objectives, and policies
of the Future Land Use Map (FLUM) and the elements of the GMP.
Comprehensive Planning staff has determined the petition is consistent with the goals,
objectives, and policies of the FLUM and other elements of the GMP, if the companion
small scale amendment is approved.
2. The existing land use pattern.
The existing land use pattern related to surrounding properties is described in the
Surrounding Land Use and Zoning section of this report. The proposed uses will not change
the existing land use patterns in the area. However, the proposed project will intensify the
residential land use pattern at the intersection of Vanderbilt Beach Road and Gulf Shore
Drive. A portion of the proposed development is vacant. Additionally, some buildings
along Southbay have been razed by the applicant.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The property is zoned C-3 Commercial Intermediate. The application request is to rezone
to MPUD and there are existing PUD projects in the nearby area.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The existing district boundaries are logically drawn. The proposed MPUD boundaries are
logical and appropriate in terms of PUD boundaries.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary. As stated in the Zoning Division review, the
property could be developed under the C-3 zone district. The property owner does not wish
to develop the property utilizing the current C-3 zoning provisions and has requested to
rezone the property, as well as amend the Growth Management Plan.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed project is not likely to adversely influence living conditions in the
neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The Transportation Division states that the roadway infrastructure is sufficient to serve the
proposed project as noted in the attached Staff Report memo. Additional operational
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impacts will be addressed at time of first development order (SDP or Plat), at which time
a new TIS will be required to demonstrate turning movements for all site access
points. Finally, the project’s development must comply with all other applicable
concurrency management regulations when development approvals, including but not
limited to any plats and or site development plans, are sought.
8. Whether the proposed change will create a drainage problem.
It is not anticipated that the rezone request to MPUD will create drainage problems in the
area. Stormwater best management practices, treatment, and storage for this project will be
addressed through Environmental Resource Permitting (ERP) with the South Florida Water
Management District (SFWMD). County environmental staff will evaluate the stormwater
management system and design criteria at the time of SDP.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The project proposes construction of some buildings where none exist. The light and air to
adjacent areas will be affected.
10. Whether the proposed change will adversely affect property values in the adjacent
areas.
Property value is affected by many factors. It is driven by market conditions and is
generally a subjective determination. Zoning alone is not likely to adversely affect the
property values. Generally, market conditions prevail.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
Most of the adjacent property is already developed as commercial or residential uses. The
approval of the rezone request from C-3 to MPUD is not likely to deter development
activity of surrounding property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
If the proposed rezone to MPUD complies with the GMP (if companion amendment is
approved) and is found consistent, then it is consistent with public policy and the change
does not result in the granting of a special privilege. Consistency with the FLUE is
determined to be consistent with public welfare.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The subject property can be used in accordance with existing zoning. The applicant has not
provided any evidence that the property cannot be used in accordance with C-3 zoning.
The applicant has stated that the rezoning is necessary to develop the property.
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14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
The Zoning Division staff finds that the proposed change exceeds the existing C-3 zone
district and Section 4.02.01 LDC standards for maximum for height, setbacks, scale and
massing. However, with Staff conditions of approval, it is not out of scale with the needs
of the neighborhood or the County.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
The application was reviewed and found compliant with the GMP (if the companion
amendment is approved) and the LDC. The Zoning Division staff does not review other
sites related to a specific petition.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
The applicant has requested a street right-of-way vacation as part of their project
application in a separate petition to the Board of County Commissioners. The vacation and
subsequent removal and relocation of the street is a significant site alteration to make the
property usable for the proposed project. If the project is approved, the final development
standards would be applied during any future SDP application process.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The project must comply with the criteria set forth in LDC Section 6.02.00 regarding
Adequate Public Facilities (APF) and must be consistent with applicable goals and
objectives of the GMP related to adequate public facilities. The concurrency review for
APF is determined at the time of SDP review. This petition has been reviewed by
Comprehensive Planning staff for consistency with the GMP, and they find it to be
consistent, if the companion amendment application is approved.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of the public health, safety, and welfare.
DEVIATION DISCUSSION:
The petitioner is seeking three deviations from the requirements of the LDC. The petitioner’s
rationale and staff analysis/recommendation are outlined below.
Deviation #1 (Architectural Standards)
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“Deviation #1 requests relief form LDC 5.05.08.D.3.c.i., which requires that “Transitional
massing elements can be no more than 100 percent taller than the average height of adjacent
buildings, but no more than 30 feet, and no less than ten feet above the existing grade” to instead
allow for the parking deck to be a maximum of 35 feet in height.”
Petitioner’s Justification:
Although the parking deck is +/- 30 feet in height measured from existing grade, consistent with
this Code Section, elements required for safety, include railings and/or safety walls, add an
additional 5’ of height above existing grade, necessitating the requested deviation.
Staff Analysis and Recommendation: The deviation is reasonable and justifiable; In compliance
with LDC section 10.02.13 A.3., the petitioner has demonstrated that “the element may be waived
without detrimental effect on the health, safety and welfare of the community” and LDC section
10.02.13 B.5.h., the petitioner as demonstrated that the deviation is “justified as meeting pub lic
purposes to a degree at least equivalent to literal application of such regulations.” Zoning and
Development Review staff recommends APPROVAL of this deviation.
Deviation #2 (Parking Space Requirements)
“Deviation #2 requests relief from LDC Section 4.05.04.G Table 17 Parking Space Requirements
which allows small-scale recreation facilities that are accessory to a Multi-family project and
intended only for the residents of that project, exclusive of “golf courses/clubhouses”, to be
calculated at 50 percent of normal requirements where the majority of the dwelling units are not
within 300 feet of the recreation facilities and at 25 percent of the normal requirements where the
majority of the dwelling units are within 300 feet of the recreation facilities, to instead allow “golf
courses/clubhouses” to be included in the applicable parking reductions allowed for Multi-family
projects.”
Petitioner’s Justification:
The projects conceptual amenity area is 22,000 square feet (in total). Per LDC Section 4.05.04.G
Table 17 Parking Space Requirements, this would require 110 parking spaces. Use of the
amenities is limited to residents and their guests. Under the multi-family parking requirements,
the LDC requires that all units “shall have 1 [parking space] per unit plus visitor parking
computed at 0.5 per efficiency unit, 0.75 per 1-bedroom unit, and 1 per 2-bedroom or larger unit.
This calculation requires more than adequate guest parking to serve the project. Given the unique
project design, the proximity of the amenity facilities to the units they serve, and the fact that the
majority of parking for unit owners and guests is multi-level structured parking, it is obvious
residents and their guests will not drive to these facilities and therefore parking beyond that
required in the LDC for multi-family development is not necessary. As required by code, there will
be limited parking to serve these facilities for pick or drop of individuals or loading/unloading as
may be necessary.
Staff Analysis and Recommendation: The deviation is reasonable and justifiable; staff sees no
detrimental effect with this deviation. The residents and guests are not likely to drive to the
amenity. In compliance with LDC section 10.02.13 A.3., the petitioner has demonstrated that “the
element may be waived without detrimental effect on the health, safety and welfare of the
community” and LDC section 10.02.13 B.5.h., the petitioner as demonstrated that the deviation
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is “justified as meeting public purposes to a degree at least equivalent to literal application of such
regulations.” The Zoning and Development Review staff recommends APPROVAL of this
deviation.
Deviation #3 (Buffer Type)
“Deviation #3 requests relief from LDC Section 4.06.02.C.4., which states that the minimum
width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting
right-of-way, thus requiring a 10 foot wide Type “D” perimeter buffer adjacent to Gulf Shore Drive
and a 15 foot wide Type “D” perimeter buffer adjacent to Vanderbilt Beach Road, to instead allow
for the buffer along Gulf Shore Drive and Vanderbilt Beach Road to terminate 36’ from the
Vanderbilt Beach Road / Gulf Shore Drive property corner as depicted on Sheet 2 of the Master
Concept Plan.
This deviation allows for public placemaking elements to include a water feature, expanded public
sidewalk with a public art centerpiece and public seating, and green wall as depicted on Sheet 7 of
7 of Exhibit G. The green wall planting system will be attached to the exterior of the garage
structure. This system may consist of a variety of plants that will grow vertically upward on a
lattice / trellis like structure or may utilize a living wall system. The green wall will be a minimum
of 10 feet in height. The types of plants at installation are anticipated to be Trachelospermum
jasminoides (Confederate jasmine) with 7’ tall runners supplemented with Mandevilla with 5’ tall
runners, or comparable species depending upon availability. A minimum of 20 of these vines will
be planted. The number of Living Wall plants will be determined at time of design and will be
suitable for sun and salt exposure. A detailed green wall plan shall be submitted at time of SDP
application.”
Petitioner’s Justification:
This area experiences very high levels of pedestrians and bicycle traffic. The treatment of this
corner, providing an enhanced pedestrian level experience, was discussed at the neighborhood
information meeting. The treatment of the corner with the “placemaking” elements identified in
this deviation and graphically depicted on Exhibit G, sheet 7 of 7, goes well beyond the provision
of a 10 or 15-foot-wide perimeter landscape buffer, in terms of public benefit. The area within
which the deviation applies is limited to a dimension of 36 feet in either direction from the center
point of the corner (see below). We will still provide the required number of trees and overall, the
plantings provided in the buffers along Gulfshore Drive and Vanderbilt Beach Road exceed LDC
planting requirements (See Exhibit “G” Sheets 2 of 7 and 3 of 7 for details). The “placemaking”
treatment of this corner will be a significant public benefit and approval of the deviation request
is warranted.
Staff Analysis and Recommendation: Per LDC 4.06.01.A.2, buffers are intended to, among other
things, screen and buffer harsher visual aspects of urban development, reduce noise, and enhance
community identity. The water feature will help mitigate some of the noise from within the
development and, along with the green wall, will provide an opaque screen to visually buffer the
parking deck behind it. Staff believes that the placemaking features to be included in this area will
help enhance community identity. In compliance with LDC section 10.02.13 A.3., the petitioner
has demonstrated that “the element may be waived without detrimental effect on the health, safety
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and welfare of the community” and LDC section 10.02.13 B.5.h., the petitioner as demonstrated
that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.” Therefore, Zoning Division and Development Review staff
recommends APPROVAL of this deviation with the following conditions:
1. Revisions to the Master Concept Plan and Exhibit G, Perimeter Buffers, are required to
reflect the compensating right-of-way for the turn lane and its impact on the required
landscape buffer.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on March 3, 2020, 5:30 PM, at Saint John the Evangelist Catholic
Church, The Ballroom 625 111th Avenue North Naples, FL34108. For further information, please
see the NIM Summary information in the back-up material.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2 -1193 of
the Collier County Codes of Laws and Ordinances.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney’s Office reviewed this staff report for content and legal sufficiency on
September 23, 2020
RECOMMENDATION:
Zoning Division staff recommends the CCPC forward a recommendation of approval to the BCC
for petition number PL20190000697 One Naples MPUD subject to approval of the GMPA
PL20190000696 and Right-of-Way Vacation PL20200000368, and subject to the following
development standards and; subject to Conditions 1 through 5:
Maximum building height for all Tracts is 76 feet zoned, except that Tract 1 can be increased to
±125 feet zoned height if step back architecture is used for the upper floors of buildings.
Minimum Building setbacks for all Tracts is 25 feet, except that minimum building setbacks for
Tract 1 can be reduced to 15 feet if street level pedestrian commercial uses are within a building
at the intersection of Vanderbilt Beach Road and Gulfshore Drive.
1. For the PUD Deviation Section and Site Plan with Deviations process. The language appears to
be redundant because the LDC allows it. It appears that the applicant is creating a hybrid process
for administrative deviations that apply to new structures by utilizing the DR process, which was
created for redevelopment of old commercial areas. The Site Plan with Deviations language should
be removed from the PUD document.
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2. Developer commitment 2.B.i. shall include a right-turn lane for northbound Gulf Shore Drive.
(Commitment 2.B.i can be found at the bottom of page 9 in the proposed PUD ordinance).
3. Update and revise the Master Concept Plan and Exhibit G, Perimeter Buffers, to reflect the
compensating right-of-way for the turn lane and its impact on the required landscape buffer.
4. A Type B Buffer is required along the northern waterfront boundary, adjacent to Vanderbilt
Lagoon, for areas not developed with buildings or structures. This will be reviewed and required
at time of Site Development Plan.
5. If Deviation #3 is used, the placemaking elements are required.
Attachments:
A) Proposed One Naples MPUD Ordinance
B) Proposed Master Plan One Naples
C) Density Map Vanderbilt Beach Area
D) Unit Count Map Vanderbilt Beach Area
E) FLUE Consistency Memo One Naples
F) Transportation Staff Memo
G) Building Envelope Map C-3 zone
H) Back up material
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ORDINANCE NO. 2021-_____
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A
COMMERCIAL INTERMEDIATE DISTRICT (C-3) ZONING
DISTRICT TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS ONE NAPLES MPUD, TO
ALLOW CONSTRUCTION OF UP TO 172 MULTI-FAMILY
DWELLING UNITS, BUT NO LESS THAN 40 RESIDENTIAL
UNITS, UP TO 186 FEET IN ACTUAL HEIGHT INCLUDING
A PARKING DECK, AND 10,000 SQUARE FEET OF C-3,
COMMERCIAL INTERMEDIATE COMMERCIAL USES,
AND A MARINA AND A SHIP STORE. THE SUBJECT
PROPERTY IS LOCATED AT THE NORTHEAST CORNER
OF THE INTERSECTION OF GULF SHORE DRIVE AND
VANDERBILT BEACH ROAD IN SECTION 32, TOWNSHIP
48 SOUTH, RANGE 25 EAST, CONSISTING OF 5.42± ACRES;
PROVIDING FOR REPEAL OF RESOLUTION RELATING
TO P.U. 77-7-C FOR PROVISIONAL USE; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20190000697]
WHEREAS, Vanderbilt Holdings, LLC, represented by Robert J. Mulhere, FAICP of
Hole Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A.,
petitioned the Board of County Commissioners to change the zoning classification of the herein
described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 32,
Township 48 South, Range 25 East, Collier County, Florida, is changed from a Commercial
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One Naples / PL20190000697
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Intermediate (C-3) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning
District for a 5.42+/- acre parcel to be known as One Naples MPUD, in accordance with Exhibits
A through G attached hereto and incorporated by reference herein. The appropriate zoning atlas
map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Resolution Relating to Petition No. P.U. 77-7-C for Provisional Use dated May 31, 1977
is hereby repealed.
SECTION THREE:
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. 21 -____ becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _______ day of _________________, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: _____________________________ By: _______________________________
, Deputy Clerk Penny Taylor, Chairman
Approved as to form and legality:
HFAC
Heidi Ashton-Cicko 2-5-21
Managing Assistant County Attorney
Attachments: Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: Requested Deviations from LDC
Exhibit F: Developer Commitments
Exhibit G: Buffer Landscape Exhibit
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EXHIBIT A
ONE NAPLES MPUD
LIST OF PERMITTED USES
MU TRACTS
PERMITTED USES:
The PUD may be developed entirely as a mixture of residential and commercial uses. No building
or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, within
the One Naples MPUD, for other than the following:
I. Principal Uses
A. Mixed Uses
1. Multi-family residential units not to exceed 172 total units. In order to ensure the
project is mixed use in nature, a minimum of 40 multifamily dwelling units shall be
developed.
2. Up to 10,000 square feet of the following uses:
a. Retail (SIC 5311-5399; 5411-5499; 5611-5699; 5712-5736; 5912; 5921);
b. Restaurant, eating and drinking establishments (5812 and 5813); and
c. Personal services (7212, 7231, and 7241).
d. Professional Office.
3. Marina, up to the maximum number of slips permitted under the LDC and the
Manatee Protection Plan, primarily limited to use by residents and guests, except as
follows: a maximum of 4 transient slips may be permitted, which may be leased to
charter boat vessels for public use; and, a ship’s store, limited to 1,000 square feet
and marine fueling facility may be open to the public accessing the site via the water.
Liveaboards and/or overnight use shall not be permitted.
B. Any other principal use which is comparable in nature with the forgoing list of permitted
principal uses, as determined by the Hearing Examiner or the Board of Zoning Appeals, by
the process outlined in the LDC.
II. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures permitted by right in this MPUD, including, but not limited to:
A. Residential Accessory Uses:
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1. Recreational uses and facilities that serve the residents of the PUD, such as swimming
pools, fitness centers, dining facilities, sports courts, and recreation/amenity
buildings.
2. Customary accessory uses and structures to residential units, including parking
structures, gazebos, fountains, trellises, signage, and similar structures.
3. Temporary sales facilities may be permitted.
B. Commercial Accessory Uses:
1. One caretaker’s residences, subject to LDC Section 5.03.05.
2. Temporary display of merchandise during business hours provided it does not
adversely affect pedestrian or vehicular traffic or public health or safety as
determined by the County. Merchandise storage and display is prohibited within front
yards adjacent to public rights of way, unless permitted though a temporary use
permit for a special event.
3. Customary accessory uses and structures to commercial development, including
parking structures, gazebos, fountains, trellises, and similar structures.
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EXHIBIT B
ONE NAPLES MPUD
DEVELOPMENT STANDARDS
The table below sets forth the development standards for residential and commercial land uses within
One Naples 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.
MU Tract 1 MU Tract 2 MU Tract 3 MU Tract 4
PRICIPAL USES
MIN. LOT AREA 20,000 s.f. 25,000 s.f 25,000 s.f. 25,000 s.f.
MIN. LOT WIDTH1 50’ 50’ 50’ 50’
MIN. FLOOR AREA2 1,000 s.f. 1,000 s.f. 1,000 s.f. 1,000 s.f.
PERIMETER SETBACKS
GULF SHORE DRIVE
15’ to Parking Deck,
25’ to Tower3 N/A N/A N/A
VANDERBILT BEACH RD.
15’ to Parking Deck,
25’ to Tower3 15’ N/A N/A
SOUTHBAY DRIVE
10’ to Parking Deck,
25’ to Tower3 10’ 10’ 10’
CENTER STREET 10’ 10’ N/A N/A
WATERFRONT N/A N/A 0’ 0’
BAREFOOT PELICAN CONDO. PL N/A N/A N/A ½ ZONED BH
ALL INTERNAL DRIVES/ACCESS
EASEMENTS 0’ 0’ 0’ 0’
ALL OTHER YARDS 10’ 10’ 10’ 10’
MIN. DISTANCE BETWEEN
STRUCTURES 50’ N/A 30’ 30’
MAXIMUM BUILDING
HEIGHTMAX. BUILDING HEIGHT
NOT TO EXCEED (ZONED)
182’ 55’ 55’ 55’
MAX. BUILDING HEIGHT NOT TO
EXCEED (ACTUAL) 3 208’ 77’ 87’ 87’
ACCESSORY USES
SETBACKS: ADJACENT TO
PUBLIC STREET S.P.S. S.P.S. S.P.S. S.P.S.
SETBACKS: ALL OTHER YARDS S.P.S. S.P.S. S.P.S. S.P.S.
MAX. BUILDING HEIGHT NOT TO
EXCEED (ZONED) 40’ 30’ 30’ 30’
MAX. BUILDING HEIGHT NOT TO
EXCEED (ACTUAL) 45’ 40’ 40’ 40’
s.f. = square feet
S.P.S. = Same as Principal Structures
PL = Property Line
1 As measured by frontage on a public right-of-way or internal driveway.
2 For residential dwelling units. Commercial uses are not subject to a minimum floor area requirement.
3 The term Parking Deck refers to the multi-story parking structure located under the two Tower elements, located on Tract MU as depicted on Exhibit
G. The Parking Deck shall not exceed 35’ in Actual Height.
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EXHIBIT D
ONE NAPLES MPUD - LEGAL DESCRIPTION
LOTS 11 THROUGH 32, BLOCK “A” VANDERBILT BEACH CENTER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 16, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
AND
A PORTION OF VANDERBILT BEACH CENTER SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 16, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1, BLOCK “D”, OF SAID
VANDERBILT BEACH CENTER SUBDIVISION AND A POINT OF INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY LINE OF GULF SHORE DRIVE (70 FEET WIDE PER SAID
PLAT) AND THE SOUTHERLY RIGHT OF WAY LINE OF SOUTHBAY DRIVE (PER
RESOLUTION 94-61) (COMMERCE STREET PER SAID PLAT) (60 FEET WIDE PER SAID
PLAT); THENCE S.89°52'30"E. ALONG SAID SOUTHERLY RIG HT-OF-WAY LINE A
DISTANCE OF 552.44 FEET TO THE NORTHEAST CORNER OF LOT 10, BLOCK "B" OF
SAID PLAT; THENCE S.00°07'30"W. ALONG THE EASTERLY LINE OF SAID LOT 10 A
DISTANCE OF 100.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 10, BLOCK "B";
THENCE N.89°52'30"W ALONG THE SOUTHERLY LINE OF LOTS 7 THROUGH 10, BLOCK
"B" OF SAID PLAT A DISTANCE OF 100.00 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 7; THENCE S.00°07'30"W. A DISTANCE OF 143.60 FEET TO A POINT ON THE
NORTHERLY LINE OF LOT 4, BLOCK "C" OF SAID PLAT AND A P OINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF CENTER STREET (60.00 FEET WIDE PER SAID
PLAT); THENCE S.84°40'40"E. ALONG THE NORTHERLY LINE OF LOTS 4 THROUGH 18,
BLOCK "C" OF SAID PLAT AND SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE
OF 358.37 FEET TO THE NORTHEASTERLY CORNER OF LOT 18, BLOCK "C" OF SAID
PLAT AND THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
CENTER STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID SOUTHBAY
DRIVE (60.00 FOOT WIDE COMMERCE STREET PER SAID PLAT); THENCE S.06°04'30"E.
ALONG THE EASTERLY LINE OF SAID LOT 18, BLOCK "C", AND SAID WESTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 125.71 FEET TO THE SOUTHEASTERLY CORNER
OF SAID LOT 18, BLOCK "C" AND A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF VANDERBILT BEACH ROAD (100.00 FOOT WIDE PER SAID PLAT) THENCE
N.80°29'30"W. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 792.84
FEET TO THE SOUTHWESTERLY CORNER OF LOT 8, BLOCK "D" OF SAID PLAT AND
THE INTERSECTION OF SAID NORTHERLY RIGHT-OF-WAY LINE WITH THE
EASTERLY RIGHT-OF-WAY LINE OF GULFSHORE DRIVE (70.00 FOOT WIDE PER SAID
PLAT); THENCE N.08°23'20"W. ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 274.80 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 5.42 ACRES MORE OR LESS
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EXHIBIT E
ONE NAPLES MPUD
LIST OF DEVIATIONS FROM LDC
In addition to the specific deviations listed below, additional deviations may be requested from
any otherwise applicable architectural, landscape, dimensional, or design standards set forth in
the LDC, excluding building height. Any such request for deviation shall utilize process and
procedures set forth in LDC Section 10.02.03.F, Site plan with deviations for redevelopment
projects, but shall not be subject to the limitations set forth therein.
Architectural Standards:
1. Deviation from LDC 5.05.08.D.3.c.i., which requires that “Transitional massing elements
can be no more than 100 percent taller than the average height of adjacent buildings, but no
more than 30 feet, and no less than ten feet above the existing grade” to instead allow for the
parking deck to be a maximum of 35 feet in height.
Other:
2. Deviation from LDC Section 4.05.04.G Table 17 Parking Space Requirements which
allows small-scale recreation facilities that are accessory to a Multi -family project and
intended only for the residents of that project, exclusive of “golf courses/clubhouse s”, to be
calculated at 50 percent of normal requirements where the majority of the dwelling units are
not within 300 feet of the recreation facilities and at 25 percent of the normal requirements
where the majority of the dwelling units are within 300 fee t of the recreation facilities to
instead allow golf courses/clubhouses to be included in the applicable parking reductions
allowed for Multi-family projects.
3. Deviation from LDC Section 4.06.02.C.4., which states that the minimum width of the
perimeter landscape buffer shall vary according to the ultimate width of the abutting right-
of-way, thus requiring a 10 foot wide Type “D” perimeter buffer adjacent to Gulf Shore Dr.
and a 15 foot wide Type “D” perimeter buffer adjacent to Vanderbilt Beach Rd., to instead
allow for the buffer along Gulf Shore Dr. and Vanderbilt Beach Rd. to terminate 36’ from
the Vanderbilt Beach Rd. / Gulf Shore Dr. property corner as depicted on Sheet 2 of the
Master Concept Plan. This deviation allows for public placemaking elements to include a
water feature, expanded public sidewalk with a public art centerpiece and public seating, and
green wall as depicted on Sheet 7 of 7 of Exhibit G. The green wall planting system will be
attached to the exterior of the garage structure. This system may consist of a variety of plants
that will grow vertically upward on a lattice / trellis like structure or may utilize a living wall
system. The green wall will be a minimum of 10 feet in height. The types of plants at
installation are anticipated to be Trachelospermum jasminoides (Confederate jasmine) with
7’ tall runners supplemented with Mandevilla with 5’ tall runners, or comparable species
depending upon availability. A minimum of 20 of these vines will be planted. The Living
Wall plants will be determined at time of design and will be suitable for sun and salt
exposure. A detailed green wall plan shall be submitted at time of SDP application.
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EXHIBIT F
ONE NAPLES MPUD
LIST OF DEVELOPER COMMITMENTS
1. PUD COMMITMENTS
A. 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 MPUD. At the time of this PUD approval,
the Managing Entity is Vanderbilt Naples Holdings, LLC. 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, 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 the County that
includes an acknowledgement of the commitments required by the MPUD by the new
owner and the new owner’s agreement to comply with the Commitments through the
Managing Entity, but the Managing Entity will not be relieved of its responsibility
under this Section. When the MPUD is closed out, then the Managing Entity is no
longer responsible for the monitoring and fulfillment of PUD commitments.
B. 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.
C. All other applicable state or federal permits must be obtained before commencement
of the development.
2. TRANSPORTATION
A. The maximum total daily trip generation for the PUD shall not exceed 148 two-way
PM peak hour net trips based on the use codes in the ITE Manual on trip generation
rates in effect at the time of application for SDP/SDPA or subdivision plat approval.
B. Subject to approval of a right-of-way permit if within the public right-of-way, the
Developer shall provide the following, at no cost to Collier County, prior to the
issuance of the first Certificate of Occupancy for a residential dwelling unit:
i. Design and installation of a traffic signal at Vanderbilt Beach Road and Gulf
Shore Drive, subject to design approval by Collier County Transportation;
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ii. Design and installation of an extended left turn into Collier County parking
garages, subject to design approval by Collier County Transportation;
iii. Design and installation of enhanced technology for Collier County parking
garage including signage upgrades for notification to public of garage parking
availability, subject to design approval by Collier County Transportation and
Parks and Recreation;
iv. Design and installation of improvements to South Bay Drive, including removal
of roadside swales and installation of a closed drainage system, 10’ travel lanes,
4’ bike lanes, 5’ sidewalks on both sides of the road, subject to design approval
by Collier County Transportation;
v. Design and installation of a sidewalk along east side of Gulf Shore Drive
adjacent to project, subject to design approval by Collier County
Transportation;
vi. Design and installation of an 8’ wide multi-use pathway along the north side of
Vanderbilt Beach Road, from the terminus of existing pathway to Gulf Shore
Drive subject to design approval by Collier County Transportation; and
vii. Design, install, and maintain enhanced landscaping (above and beyond required
perimeter buffers) as depicted on Exhibit G,
viii. Design, install, and maintain enhanced landscaping within the adjacent rights-
of-way, in accordance with the County approved Landscape Maintenance
Agreement.
C. No vertical construction within MU Tract 1 will be allowed until the permanent
replacement easements required by the Petition to Vacate, PL20200000368, are
approved by staff and recorded in the official land records of Collier County.
D. The Developer will replace the vacated Gulf Shore Court with a privately maintained
access drive that will be open to the general public in the area depicted on the page 2 of
the Master Concept Plan. The access drive shall include a sidewalk on the western edge
and shall include a replacement County utility easement to the Collier County Water-
Sewer District in the area shown on the access drive depicted on page 2 of the Master
Concept Plan.
3. PUBLIC UTILITIES
A. Wastewater generated by the proposed development shall be routed to gravity sewer
on Vanderbilt Beach Road, southeast of the project.
B. No vertical construction within MU Tract 1 will be allowed until the permanent
replacement easements required by the Petition to Vacate, PL20200000368, are
approved by staff and recorded in the official land records of Collier County. The
Developer shall ensure that there is no lapse in County potable water service and
wastewater service to existing customers in the event that potable water and
wastewater infrastructure is required to be relocated or upgraded during construction.
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4. EMERGENCY MANAGEMENT
A. The Developer shall provide the following, at no cost to Collier County:
i. Twenty-four (24) Medical and Standard Cots and one hundred fifty (150)
Standard cots are to be shipped FOB to Collier County Emergency Management
at the time of the issuance of the first Certificate of Occupancy. Collier County
Emergency Management will provide specifications, a roster of vendors and the
shipping address upon request of the developer prior to the issuance of the first
certificate of occupancy.
ii. One (1) 16 ft. dual axel trailer enclosed utility trailer shall be shipped FOB Naples
prior to the issuance of first certificate of occupancy with instructions to convey
title or certificate of origin to the Collier County Board of County
Commissioners.
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Packet Pg. 209 Attachment: CCPC 10-15-2020 Attachment B Master Plan (14399 : PL20190000697 PUDZ One Naples PUD)
RMF-6
RMF-16
CPUDVANDERBILT BEACHCOMMERCIAL TOURIST
RSF-3
RT-VBRTO
RSF-3 /ST
RMF-6
RSF-3 /ST
C-3 PUDMIRALIADensity: 23
PUDPELICAN BAYDensity: 3.7 Vanderbilt DRGulf Shore DRVanderbilt Beach RD
Document Path: G:\GIS-Team\GIS_Requests\2020\07-Jul\GSD-8953_OneNaples-DensityMap(JSabo)\Request25.mxd
GROSS DENSITY UNITS PER ACRE (UPA)FOR PROPERTIES SURROUNDING PROPOSEDONE NAPLES MPUD(PL-19-697) [WITHIN 1/4 MILE]
One Na ples MPUD(Pro posed)
1/4 mi. Buffe r
Map Date: 9/18/2020
Growth Management DepartmentOperations & RegulatoryManagement Division
I 0 250 500125
Feet
Proposed MPUDOne Naples
Disclaimer: Density values are approximate,as provided by PUD Monitoring.
2.C.6
Packet Pg. 210 Attachment: Attachment C Density Map PUD OneNaples (14399 : PL20190000697 PUDZ One Naples PUD)
Vanderbilt DRVanderbilt Beach RDGulf Shore DRThe BeachmoorUnits: 33
Phoenican SandsUnits: 10
The VanderbiltUnits: 19
Vanderbilt Beach &Harbour Club (West)Units: 26
Vanderbilt Beach &Harbour Club (East)Units: 18
SeawatchUnits: 26
Admiralty ofVanderbilt BeachUnits: 12 TheWatermarkUnits: 22
Gulf PointeUnits: 15
Sausalitoof NaplesUnits: 7
FloridianClub (West )Units: N/A
Floridian Club (East)Units: N/A
Vanderbilt Beach MotelUnits: N/A Lighthouse InnUnits: N/A
Vanderbilt BeachMotel CondoUnits: 16
Regatta atVanderbilt Beach IUnits: 92
Regatta atVanderbilt Beach IIUnits: 61
VanderbiltPalmsUnits: 28
BarefootPelicanUnits: 60
VanderbiltHideawayUnits: 15 Regatta atVanderbilt Beach IIIUnits: 79
Document Path: G:\GIS-Team\GIS_Requests\2020\09-Sep\GSD-10142_HighRiseUnits(JSabo)\Request.mxd
UNIT COUNTS FOR BUILDINGS ADJACENT TOPROPOSED ONE NAPLES MPUD(PL-19-697)One Na ples MPUD(Pro posed)
Map Date: 9/18/2020
Growth Management DepartmentOperations & RegulatoryManagement Division
I 0 280140
Feet
Proposed MPUDOne Naples
Disclaimer: Unit counts are based on numberof Units Addressed in each structure
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Growth Management Department
Zoning Division
CO N S I S T E N C Y RE V I E W M E M O RA N D U M
To: James Sabo, AICP, Principal Planner, Zoning Services Section
From: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section
Date: revised to July 10, 2020
Subject: Future Land Use Element (FLUE) Consistency Review of Proposed Planned Unit
Development Rezone
PETITION NUMBER: PL20190000697 [REV: 4]
PETITION NAME: One Naples Planned Unit Development (PUD) Rezone
REQUEST: The request has substantively changed from its previous proposal, now with lesser
residential density and lower commercial intensity. The current proposal is to rezone property
from the C-3, Commercial Intermediate zoning district to a Mixed Use Planned Unit Development
(MPUD) to allow development of up to 172 multi-family residential or hotel units, a private 99
wet-slip marina and ships store, and, up to 10,000 sq. ft. of commercial space.
A companion petition [PL20190000696/CPSS-2019-10] currently seeks to establish a new mixed-
use Subdistrict in the Future Land Use Element (FLUE) and on the Future Land Use Map (FLUM)
and map series for the subject property.
LOCATION: The two-part subject site, consisting of ±5.42 acres, comprises a portion of the block
located immediately north of the County’s Vanderbilt Beach Parking Garage, generally bounded
on the south by Vanderbilt Beach Road (CR 862), Gulf Shore Drive on the west, and by South Bay
Drive on the north and east, in Section 32, Township 48 South, Range 25 East. This part of the site
also comprises all of Gulf Shore Court, an unnamed alley, and a westerly segment of Center Street.
The second part of the subject site comprises a portion of mid-block waterfront lots located on
Vanderbilt Lagoon.
COMPREHENSIVE PLANNING COMMENTS:
The FLUE’s Urban Mixed Use District permits water-dependent and water-related land uses within
the coastal region of this District. Mixed-use sites of water-dependent and water-related uses
and other recreational uses may include water-related parks, marinas (public or private), yacht
clubs, and related accessory and recreational uses, such as boat storage, launching facilities,
fueling facilities, and restaurants. Any development that includes a water-dependent and/or
water-related land use shall be encouraged to use the Planned Unit Development technique and
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other innovative approaches to conserve environmentally sensitive areas and to assure
compatibility with surrounding land uses.
The County’s Land Development Code allows for marinas as permitted uses in the Commercial
(C-3) and Commercial (C-4) Districts. The County’s Manatee Protection Plan (NR-SP-93-01) May
1995 restricts the location of marinas and may limit the number of wet slips, the construction of
dry storage facilities, and boat ramps, based upon the Plan’s marina siting criteria.
The One Naples MPUD rezone property is contingent, in part, upon approval of the companion
Growth Management Plan amendment (GMPA) petition PL20190000696/CPSS-2019-10. That
GMPA will establish the Vanderbilt Beach Road Mixed Use Subdistrict. The Future Land Use
Element (FLUE) states the following: “The Urban Mixed Use District is intended to accommodate
a variety of residential and non-residential land uses, including mixed-use developments such as
Planned Unit Developments.”
CCME Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the
Coastal High Hazard Area (CHHA). “The County shall consider the CHHA as a geographical area
lying below the elevation of the Category 1 storm surge line as presently defined in the 20 11
Southwest Florida Regional Planning Council’s Hurricane Evacuation Study, or subsequently
authorized storm surge or evacuation planning studies coordinated by the Collier County Bureau
of Emergency Services and approved by the Board of County Commissioners.” The CHHA Overlay
in the FLUE states, in part, “The CHHA boundary is generally depicted on the Future Land Use Map
and is more precisely shown in the Future Land Use Map series; all lands lying seaward of that
boundary are within the CHHA. The Capital Improvement Element and Conservation and Coastal
Management Element both contain policies pertaining to the expenditure of public funds for
public facilities within the CHHA.”
FLUE Policy 5.3 states, “All rezonings must be consistent with this Growth Management Plan.“
This request for the rezone to the MPUD zoning district cannot be consistent with the GMP until
such time as the small-scale GMPA is approved and in effect.
FLUE Policy 5.6 requires new developments to be compatible with the surrounding land area. To
be consistent with this policy, the companion MPUD must demonstrate compatibility with the
surrounding land area.
The County recognizes Smart Growth policies and practices in its consideration of future land use
arrangements and choice-making options. FLUE Objective 7 and Policies 7.1 through 7.4 promote
Smart Growth policies for new development and redevelopment projects pertaining to access,
interconnections, open space, and walkable communities.
Objective 7:
Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing
development character of Collier County, where applicable, and as follows:
Policy 7.1:
The County shall encourage developers and property owners to connect their properties to
fronting collector and arterial roads, except where no such connection can be made without
violating intersection spacing requirements of the Land Development Code.
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The One Naples Master Concept Plan Exhibit C-1, dated to 3/26/20, shows consistency with this
policy as it depicts the subject property fronts Vanderbilt Beach Road (CR862) classified as a major
arterial road, Gulf Shore Drive, and South Bay Drive. The One Naples ROW Landscape Exhibit G,
dated to 3/27/20, depicts the main tract with its primary connection to Vanderbilt Beach Road,
and secondary connection to South Bay Drive.
Policy 7.2:
The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traffic signals.
The accesses to Vanderbilt Beach Road and South Bay Drive described above are supplemented
by access via Center Street. It’s noted the project site is too constrained to provide internal
accesses or loop roads.
Policy 7.3:
All new and existing developments shall be encouraged to connect their local streets and/or
interconnection points with adjoining neighborhoods or other developments regardless of land
use type. The interconnection of local streets between developments is also addressed in Policy
9.3 of the Transportation Element.
The Concept Plan depicts existing roadways that maintain their connection to other local roads.
It also depicts portions of other streets and alleys that are to be vacated as part of the project.
The subject property comprises a length of Center Street, which is an unclassified urban street.
The site abuts streets on most sides and developed residential and commercial uses on the
remaining sides. There appears to be no opportunity for interconnecting to those developed
parcels.
Policy 7.4:
The County shall encourage new developments to provide walkable communities with a blend of
densities, common open spaces, civic facilities and a range of housing prices and types.
The One Naples ROW, Mobility and Landscape Enhancement Plan, Sidewalk Exhibit G, dated to
1/14/2020, shows compliance with this policy with sidewalks along the entire perimeter on the
near side of by Vanderbilt Beach Road (CR 862), Gulf Shore Drive on the west, and by South Bay
Drive. New sidewalks are depicted on the far side of South Bay Drive, and on the south side of
Center Street, in front of new multi-family buildings there. Walkways internal to the site are also
depicted.
The proposed development site is constrained to 5.42 acres and proposes multi-family residential
units at a density of 31.7 DU/A, along with a mix of non-residential uses and a marina. The Concept
Plan depicts pools, fountains, a marina, with pier-side and pool-side seating areas as common
open space. The proposed community amenities and recreational uses may function as civic
facilities when used as for such things a polling place neighborhood meeting areas and group
activities.
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CLOSING REMARKS:
Due to the request for increased density from the maximum allowed density of 16 DU/A to 31.7
DU/A, the petition is not consistent with the adopted GMP and therefore the petitioner submitted
the companion GMPA PL20190000696/CPSS-2019-10.
The MPUD petition may be deemed consistent if and when the the companion GMP amendment
petition PL20190000696/CPSS-2019-10 is adopted and goes into effect. The PUD Ordinance
needs to provide for the effective date consistent with the effective date of the companion GMP
amendment petition.
cc: Ray Bellows, Zoning Manager, Zoning Services Section
Anita Jenkins, AICP, Interim Planning & Zoning Director, Zoning Division
G: Comp\Consistency Reviews\2020
\\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Consistency Reviews\2020\PUDZ\PUDZ-PL2019-697 One N_R4 ajFNL.docx
2.C.8
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.
‒ 1 ‒
PETITION: PL2019-0697, PUDZ
ONE NAPLES
August 28, 2020
STAFF MEMO: Petition ONE NAPLES
COLLIER COUNTY PLANNING COMMISSION
GROWTH MANAGEMENT DEPARTMENT,
Transportation Planning Section
HEARING DATE: CCPC October 1, 2020, BCC December 8, 2020
SUBJECT: PETITION: PL2019-0697, PUDZ
Growth Management Plan (GMP) Consistency Findings, Transportation Element.
TRANSPORTATION ENGINEER FOR THE PETITION:
JMB Transportation Engineering, Inc.
4711 7th Avenue Southwest
Naples, Florida 34119
GEOGRAPHIC LOCATION: The subject property comprises approximately +/-5.42 acres and
is located at the northeast quadrant of the intersection of Vanderbilt Beach Road and Gulf Shore
Drive, in Section 32, Township 48 South, Range 25 East, in Collier County, Florida.
Aerial
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PETITION: PL2019-0697, PUDZ
ONE NAPLES
August 28, 2020
REQUESTED ACTION: This request is seeking a Mixed Use Planned Unit Development
(PUDZ) rezone approval.
PURPOSE/DESCRIPTION OF PROJECT:
The proposed development is approximately +/- 5.42 acres in size and located at the northeast
corner of the Vanderbilt Beach Road and Gulf Shore Drive intersection in Collier County, Florida.
The request according to the proposed PUD is to allow the development of approximately 172
multi-family or hotel units, approximately 10,000 square feet of commercial uses on the subject
parcel.
STAFF ANALYSIS: GMP TRANSPORTATION ELEMENTS AND STAFF FINDINGS
Transportation Element: In evaluating this project, staff reviewed the applicants Traffic Impact
Statemen, dated May 24, 2020 by electronic signature, for consistency with Policy 5.1 of the
Transportation Element of the Growth Management Plan (GMP) using the applicable 2019 Annual
Update and Inventory Reports (AUIR).
Policy 5.1 of the Transportation Element of the GMP states;
“The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall countywide density or intensity of permissible development,
with consideration of their impact on the overall County transportation system, and shall
not approve any petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently operating and/or is projected to
operate below an adopted Level of Service Standard within the five year AUIR planning
period, unless specific mitigating stipulations are also approved. A petition or application
has significant impacts if the traffic impact statement reveals that any of the following
occur:
a. For links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic is considered to be significant up to the point where
it is equal to or exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project’s
significant impacts on all roadways.”
Staff finding: According to the PUDZ document provided with the proposed rezoning the applicant
is requesting a maximum of approximately 172 multi-family or hotel units, approximately 10,000
square feet of commercial uses on the subject parcel. Additionally, the PUD and TIS indicate that
there will be approximately 1,000 square feet of marina ship store, accessed via the water, that also
includes boat docks primarily for residents and guests except for 4 transient slips.
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PETITION: PL2019-0697, PUDZ
ONE NAPLES
August 28, 2020
According to the Transportation Impact Statement (TIS) provided with this rezone petition the
proposed mixed-use development will generate an additional projected total of +/-148 PM peak
hour two-way trips on the following adjacent roadway segment with the listed capacities according
to the current 2019 AUIR. Specifically; Vanderbilt Beach Road from Gulf Shore Drive to
Tamiami Trail North (US 41) has a current service volume of 1,400 trips and a remaining capacity
of 462 trips and is currently operating at LOS “C”. Gulf Shore Drive from Vanderbilt Beach Road
to 111th Avenue has a current service volume of 800 trips and a remaining capacity of 500 trips
and is currently operating at LOS B. It is noted that this segment of Vanderbilt Beach Road is
“constrained by policy”, this means that the roadway cannot be expanded without authorization
action by the Board of County Commissioners (BCC). Based on the 2019 AUIR, the adjacent
roadway network has sufficient capacity to accommodate the proposed new trips for this
development within the 5-year planning period. Therefore, the subject Rezone can be found
consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan.
Policy 7.1 of the Transportation Element of the GMP states;
“Collier County shall apply the standards and criteria of the Access Management Policy as
adopted by Resolution and as may be amended to ensure the protection of the arterial and
collector system’s capacity and integrity.”
Staff finding: The development is proposing two main access points for this development. One
on Vanderbilt Beach Road opposite the existing access to the beach access parking structure, and
one on Southbay Drive. There are also several secondary access points that are needed according
to the applicant for internal operational access. Due to the known operational challenges at this
location which are not related to the roadway capacity staff requested that the applicant provide an
operational analysis with this request (see Appendix B Vanderbilt Beach Road Operational
Analysis, dated May 22, 2020). This analysis was based on in-season traffic counts taken before
the coronavirus shut-down. The results of this study are the following developer commitments:
• Design and installation of a traffic signal at Vanderbilt Beach Road and Gulf
Shore Drive, subject to design approval by Collier County Transportation;
• Design and installation of an extended left turn into Collier County parking
garages, subject to design approval by Collier County Transportation;
• Design and installation of enhanced technology for Collier County parking
garage including signage upgrades for notification to public of garage parking
availability, subject to design approval by Collier County Transportation and
Parks and Recreation;
• Design and installation of improvements to South Bay Drive, including removal
of roadside swales and installation of a closed drainage system, 10’ travel lanes,
4’ bike lanes, 5’ sidewalks on both sides of the road, subject to design approval
by Collier County Transportation;
• Design and installation of a sidewalk along east side of Gulf Shore Drive
adjacent to the project, subject to design approval by Collier County
Transportation;
• Design and installation of an 8’ wide multi-use pathway along the north side of
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PETITION: PL2019-0697, PUDZ
ONE NAPLES
August 28, 2020
Vanderbilt Beach Road, from the terminus of existing pathway to Gulf Shore
Drive subject to design approval by Collier County Transportation;
• Design, install, and maintain enhanced landscaping (above and beyond required
perimeter buffers) as depicted on Exhibit G,
• Design, install, and maintain enhanced landscaping within the adjacent rights-of-
way, in accordance with the County approved Landscape Maintenance
Agreement.
Additionally, the developer will replace the vacated Gulf Shore Court with a privately
maintained access drive that will be open to the general public in the area depicted on the page 2
of the Master Concept Plan. The access drive shall include a sidewalk on the western edge and
shall include a replacement County utility easement to the Collier County Water-Sewer District
in the area shown on the access drive depicted on page 2 of the Master Concept Plan.
Policy 7.3 of the Transportation Element of the GMP states;
“The County shall implement, through its Land Development Code and Code of Laws and
Ordinances, the provision of safe and convenient onsite traffic flow and need for adequate
parking for both motorized and non-motorized vehicles as a primary objective in the review
of Planned Unit Developments, Site Development Plan, and other appropriate stages of
review in the land development application review process. Coordination shall occur with
County Engineering staff where traffic circulation is outside the limits of the public ROW.”
Staff finding: The roadway infrastructure is sufficient to serve the proposed project as noted above.
Additional operational impacts will be addressed at time of first development order (SDP or Plat),
at which time a new TIS will be required to demonstrate turning movements for all site access
points. Finally, the project’s development must comply with all other applicable concurrency
management regulations when development approvals, including but not limited to any plats and
or site development plans, are sought.
Policy 9.3 of the Transportation Element of the GMP states;
“The County shall require, wherever feasible, the interconnection of local streets between
developments to facilitate convenient movement throughout the road network. The LDC
shall identify the circumstances and conditions that would require the interconnection of
neighboring developments and shall also develop standards and criteria for the safe
interconnection of such local streets.”
Staff finding: The proposed developments master plan shows that the development connects to the
existing adjacent roadway network. As noted above there will be an access drive through the
development between the two main access points which will be open to the public and privately
maintained and integrates-connects into the existing network. Therefore, staff finds that the
proposed development can be found consistent with this policy.
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PETITION: PL2019-0697, PUDZ
ONE NAPLES
August 28, 2020
Policy 9.5 of the Transportation Element of the GMP states,
“The County shall encourage projects which provide local resident, pedestrian, bicyclist
and motorist movement between and among developments on neighborhood streets in a
deliberate balance with its efforts to route cut-through traffic away from neighborhoods
and to the arterials and collectors designated in the Transportation Element of the Collier
County Growth Management Plan.”
Staff finding: As noted above in Policy 9.3 the proposed master plan indicates interconnects
between the proposed development and the adjacent road network to the developed residential
projects to the north and east. There are also developer commitments noted above that enhance
pedestrian, bicyclist and motorist movements within the road network. Therefore, the proposed
development is found consistent with this policy.
As noted, the proposed development is projected to generate an additional total of +/- 148 PM
peak hour two-way trips on the following adjacent roadway segments with the listed capacities
according to the current 2019 AUIR.
Existing Roadway Conditions:
Roadway Link 2019
AUIR
Existing
LOS
Current Peak
Hour Peak
Direction Service
Volume/Peak
Direction
2019 AUIR
Remaining
Capacity
Vanderbilt
Beach Road
Gulf Shore
Drive to
Tamiami Trail
North (US 41)
C 1,400/East 462
Gulf Shore
Drive
Vanderbilt
Beach Road to
111th Avenue
B 800/North 500
STAFF RECOMMENDATION:
Transportation staff finds this petition consistent with the GMP with the proposed Transportation
Planning Staff condition of approval and therefore recommends approval of the One Naples PUDZ
PL20190000697, and further recommends that the Collier County Planning Commission (CCPC)
forward the petition to the Board of County Commissioners (BCC) with a recommendation of
approval with the following condition of approval:
Transportation Planning condition of approval: Developer commitment 2.B.i. shall
include a right-turn lane for northbound Gulf Shore Drive.
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RMF-6
RMF-16
CPUDVANDERBILT BEACHCOMMERCIAL TOURIST
RSF-3RSF-3
RT-VBRTO
RSF-3/ST
C-3
PUDMIRALIA
PUDPELICANBAY
Vanderbilt Beach RDGulf Shore DRBuilding Envelope= 126179 sq.ft.(Approx.)
Building Envelope =37507 sq.ft. (Approx.)
Document Path: G:\GIS-Team\GIS_Requests\2020\08-Aug\GSD-9633_OneNaples-EnvelopeMap(JSabo)\Request.mxd
Proje ct Boun dary
15' Setback
25' Setback
Map Date: 9/21/2020
Growth Management Departm entOperations & RegulatoryManagement Division I 0 100 20050
Feet
APPROXIMATE BUILDING ENVELOPE FOR PROPERTIESCOMPRISING PROPOSED ONE NAPLES MPUD(PL-19-697)UTILIZING THE CURRENT C-3 ZONING
Disclaimer: The information provided is to be used for illustrativemapping purposes only. Ground sur veying and records search mustbe used to determine absolute boundaries/areas.
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2.C.16Packet Pg. 223Attachment: Hybrid Waiver One Naples PUDZ and GMPA (14399 : PL20190000697 PUDZ One Naples PUD)
2.C.16Packet Pg. 224Attachment: Hybrid Waiver One Naples PUDZ and GMPA (14399 : PL20190000697 PUDZ One Naples PUD)
2-4-21 Page 1 of 3
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
DATE: February 2021
TO: Commissioner Penny Taylor, District 4, Chair
Commissioner William L. McDaniel, Jr.,Vice-Chair, District 5
Commissioner Rick LoCastro, District 1
Commissioner Andy Solis, District 2
Commissioner Burt Saunders, District 3.
FROM: Jeffrey A. Klatzkow, County Attorney
SUBJECT: Proposed Procedure for the One Naples Hearing
The applicant is requesting that the Board consider an application to rezone a property from
C-3 Commercial Intermediate Zoning District to Mixed-Use Planned Unit Development
(MPUD) One Naples. The property consists of two parcels created from several small lots. There
is a companion application for right-of-way vacations for Gulf Shore Court between Southbay
Drive and Vanderbilt Beach Road, a portion of Center Street, and a public alleyway from
Southbay Drive to Gulf Shore Court. Additionally, there is a companion Small Scale GMPA for
5.42 acres related to this request. The total acreage for the MPUD rezoning request is 5.42 acres.
A Landscape Maintenance Agreement will also be presented to the Board. The County Attorney
recommends that all items be heard at the same time.
1. General –the hearings on the rezone and vacation petitions are quasi-judicial in nature
and are therefore subject to the provisions of Resolution Number 95-376, requiring
proper disclosure of any Commissioners ex-parte contacts, communications, site visits, or
investigations, or receipt of expert opinions. Likewise, the procedural requirements of
Resolution Number 98-167 also apply. Copies of both resolutions are attached for your
convenience. The hearing on the growth management plan amendment and the
Landscape Maintenance Agreement is legislative.
2. The standard of review is:
a. Whether there is competent, substantial evidence to support the rezone and
vacation of public roadways; and
b. Whether the growth management plan amendment, as a legislative decision, is
rationally related to a legitimate public purpose.
3. Only relevant evidence should be considered at the hearing. The Chairman, with the
assistance of the County Attorney, will determine what is relevant evidence.
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4. Although there will be several attorneys representing various HOA’s, the only parties are
the applicant and the County.
5. The County Attorney recommends the following procedures:
a. The growth management plan amendment, rezone and vacation petitions and
landscape maintenance agreement should be heard concurrently.
b. The court reporter administers the oath to all those wishing to speak. If a speaker
arrives at the hearing after the oath is given, the speaker must be sworn in before
they can speak.
c. The Board members then make their individual ex-parte disclosures for the rezone
and vacation petitions. All communications must be disclosed including letters,
e-mails, phone calls, and meetings. Any personal investigation, such as a site
visit, must also be disclosed. The subject matter of the communication and the
identity of the person, groups or entity with whom the communication took place
are all part of the disclosure. This applies to all communications that took place
even before the appeal was filed. These disclosures must be made at the
beginning of the hearing. The Board must give any person who wishes to
question its members concerning the ex-parte disclosure the opportunity to ask
questions of it. This right may be waived by a failure to ask questions of the
Board.
d. The presentation of the petitions should be as follows:
i. The applicant presents their case. The time limit is two hours. This time
limit includes any presentation by an expert witness.
a) The Zoning Director, or designee may question the applicant
and/or any of his experts. The time limit is 10 minutes.
ii. Staff presents its case including the testimony of any expert witnesses.
The time limit is two hours.
a) The applicant may ask questions. The time limit is 10 minutes.
iii. Each person who has been authorized to represent an organization with 5
or more members or a group of 5 or more members may presents its case
including the testimony of any expert witnesses. The time limit is 15
minutes.
a) The Zoning Director, or designee may ask questions. The time
limit is 10 minutes.
b) The applicant may ask questions. The time limit is 10 minutes.
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iv. The Board members may ask questions at any time during the
proceedings. There is no time limit to the Board’s questions, subject,
however, to the discretion of the Chair.
v. Interested members of the public may then speak. Time limits per speaker
is 3 minutes. The Board should only give consideration to “public
testimony” that is relevant to the issues being discussed.
vi. After Public Comment, in order, the Zoning Director, or designee and the
applicant, will each have one hour to sum up. This summation could
include any rebuttal.
vii. Time limits may be extended at the discretion of the Chair.
viii. Upon conclusion of the public speakers’ presentations, the Board should
close the public hearing and commence discussion.
ix. Upon conclusion of the discussion, the Board will make its motion, second
and then vote for each petition separately. An affirmative vote of four is
required for the growth management plan amendment and the rezone. A
simple majority is required to approve the vacation petition and the
landscape maintenance agreement.
Attachments:
Resolution Number 95-376
Resolution Number 98-167
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JUN 2 0 1995
RESOLUTION riD. 95-J76
1\ RESOLUTIon RELATInG TO ACCESS TO LOCM~
PUOLIC OFFICIALS i PHOVIDItlG 1\ DEFInITION OF
LOCAL PUBLIC OFFICIAL; PROVIDING FOR ACCESS
TO PUBLIC OFFICIALS; AUTHORIZING I!lVESTIGA-
TIONS AND RECEIPT OF INFORMATION; REQUIRING
DISCLOSURE OF EX PARTE COf1MUHICATIONS; AND
REPEALING RESOLUTIOIl 110. ~S-J5~.
WHEREAS, government in Florida is conducted in the sun-
shine pursuant to Ch~pter 286, Florida Statutes; and
t,.;rHEREAS, the public should be able to voice its opinions
to local Alccted publ~c officials; nnd
WHEREAS, elected and public officials are presumed to
perform their duties in a lawful and proper manner; and
WHEREAS,quasi-judicial decision-making must be based on
competent, substantial evidence of record; and
officials have been
HEREAS,loca 1 elected public
obstructed or impeded from the fair and effective discharge of
their sworn duties ann responsibilities due to expansive inter-
pretations of Jen_niDSl.f>~_:;LQe Co_untv I
il. decision rendered by
the Third District Court of Appeal; and
WHEREAS, Section 5, Article I of the Florida Constitution
gives the people the right peaceably to assemble, to instruct
their representatlves, and to petition for redress of griev-
anccs.
NOH, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COuNTY, FLORIDA, that:
SECTION ONE:AUTHORITY
Pursuant to Subsection 286.0115, Florido Statutes, Collier
County has the authority to enact this ReSOlution which removes
the presumption of prejudice from ex parte communications with
local officials by establishing the process set forth herein to
disclose such communications.
SECTION TWO:DEFINITION
As used in this Section, the term '1locol public official"
means any elected or appointed public official holding a county
1-
100'Uf]O ". 191
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office who recommends or takes guasi-judiciul action as a
member of such board or commission.
SECTION THREE:ACCESS PERMITTED
1. Any person not attlerwise prohibited by statute,
charter provision, or ordinance may discuss with any local
public official the merits of any matter on which action may be
taken by the board or commission on which the local public
official is i) member. Adherence to the following procedures
shall remove the presumption of prejudice arising from ex-parte
communications with local public officials.
a) The substdncc of any ex-parte communication with a
local public offici<:ll which relates to quasi-judicial action
pending before the official is not presumed prejudicial to the
action if the subject of the communication and the ident1ty of
the person, group, or entity with whom the communication took
place is disclosed and made a part of the record before final
action on the matter.
b) A local public official may read a written communi-
cation from any person. However a written communication that
relates to quasi-judicial action pending before the local
public official shall not be presumed prejudicial to the action
and such written communication shall be made a part of the
record of the board or commission before final action on the
matter.
cl Local public officials may conduct investigations and
site visits {lnd may receive expert opinions regarding quasi-
jUdicial action pending before them. Such activities shall not
be presumed prejudicial to the action if the existence of the
investigation, site visit, or e:..:pert opinion is made a part of
the record before final action on the matter.
d) Disclosure made pursuant to paragraphs (3), (b) and
c) must be made before or during the public meeting at which a
vote is taken on such matters, so that persons who have opin-
2-
100\noo " Hl2
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ions contr~ry to those expressed in the ex-par~e communication
are given a reasonable opportunity to refute or respond to the
communication.
SECTION FOUR: REPEAL OF RESOLUTION NO. 95-354
Resolution No. 95-354 is hereby repealed in its entirety.
20th day of ~, 1995,
This Resolution adopted this
after motion, second and majority vote favoring same.
ATTEST: .
DWIGHT E. BROCK, Clerk
4.: ;;;/./-,~4~-, ~e
Approved as to form and
legal sufficiency:
mmo.llw'IJ735
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~
8ETTYE
3 -
100'noo w, 193
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