Backup Documents 03/01/2021 Staff Report
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.
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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
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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
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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.
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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