Ordinance 2023-50 ORDINANCE NO. 2023- 50
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 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 ESTATES
(E) ZONING DISTRICT TO A RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR
THE PROJECT TO BE KNOWN AS ASCEND NAPLES
RPUD, TO ALLOW CONSTRUCTION OF UP TO 208
MULTI-FAMILY RENTAL UNITS, 71 OF WHICH WILL
BE RESTRICTED AS AFFORDABLE, ON 17.5± ACRES OF
PROPERTY LOCATED ON THE SOUTH SIDE OF
VANDERBILT BEACH ROAD APPROXIMATELY '/2 MILE
EAST OF LOGAN BOULEVARD, IN SECTION 4,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20220002908]
WHEREAS, Patrick Vanasse, AICP, of The Neighborhood Company, and Richard D.
Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Vanderbilt Living,
LLC, petitioned the Board of County Commissioners of Collier County, Florida, 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 4,
Township 49 South, Range 26 East, Collier County, Florida, is changed from Estates (E) Zoning
District to a Residential Planned Unit Development(RPUD) for a 17.5± acre project to be known
as Ascend Naples RPUD, to allow up to 208 multi-family rental units, 71 of which will be rent
restricted as affordable, in accordance with Exhibits A through F attached hereto and
[22-CPS-02264/1808122/1] 122
Ascend Naples PUDZ-PL20220002908 Page 1 of 2
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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:
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. 2023- 5 I becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 24th day of October 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL . r I `CLERK COLLIER COUNTY, FLORIDA
By: By:
Attest a'm.:, ,Deputy Clerk Rick LoCastro, Chairman
sign,` urre oniy.
Approved as to form and legality:
OLIAA-/9
Derek D. Perry \v \`��
Assistant County Attorney \ \ b\',
Attachments: Exhibit A - List of Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E- Deviations
Exhibit F - Development Commitments
Th's ordinance filed with tho
So.rretiry of SiaM`s O`fic fh
day of NW
and ocknowled.e:n - of that
filing rece•ved _ . — ' doY
of 1 ,,' 41
Bar_. t_ r AO" -
•.Di"'Calk
[22-CPS-02264/1808122/1] 122
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1111
THE NEIGH BORN OOD
COMPANY
EXHIBIT A
Ascend Naples RPUD
LIST OF PERMITTED USES
Regulations for development of this PUD shall be in accordance with the contents of this document and all
applicable sections of the Growth Management Plan (GMD), the Land Development Code (LDC), and the
Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or plat. Where the
PUD ordinance does not provide development standards, then the provision of the specific sections of the
LDC that are otherwise applicable shall apply.
MAXIMUM DENSITY
This RPUD shall be limited to a maximum density of 11.9 dwelling units per acre (du/ac), which equates to
a maximum of 208 multi-family residential units.
PERMITTED USES
A. Multi-Family Residential—Tract"MF"
Principal Use(s):
1. Multi-Family Residential Dwelling Units
2. Any other principal use that is comparable in nature with the foregoing list of permitted principal
uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the
process outlined in the LDC.
Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Walls, berms, fences, gates, gatehouse, and access control structures
2. Stormwater management treatment and conveyance facilities and structures.
B. Amenity Center—Tract "AC"
Principal Use(s):
1. Clubhouses for residents and their guests, limited to 12,000 square feet.
2. Indoor and outdoor recreational uses and structures, such as pools, fitness centers,
playgrounds, dog parks, sport courts, pathways/bikeways, gazebos, grilling areas and fire pits.
3. Leasing Centers for rental units.
4. Any other principal use that is comparable in nature with the foregoing list of permitted principal
uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the
process outlined in the LDC.
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Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Walls, berms, fences, gates, gatehouse, and access control structures
2. Stormwater management treatment and conveyance facilities and structures.
C. Preserve—Tract"P"
Principal Use:
1. Preserve
Accessory Uses:
1. Mitigation for environmental permitting.
2. Water management structures and facilities as allowed by the LDC.
3. Pathways and boardwalks as allowed by the LDC.
4. Passive recreation areas and uses as allowed by the LDC.
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EXHIBIT B
Ascend Naples RPUD
DEVELOPMENT STANDARDS
Table 1 below sets forth the development standards for the land uses within the Ascend Naples RPUD.
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 Site Development Plan (SDP).
TABLE 1
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA N/A N/A
MINIMUM LOT WIDTH 150 FEET N/A
MINIMUM SETBACKS (EXTERNAL)
MINIMUM FRONT YARD - FROM
NORTHERN BOUNDARY (VANDERBILT 50 FEET 50 FEET
BEACH RD)
MINIMUM FRONT YARD - FROM
SOUTHERN BOUNDARY (CHERRY 110 FEET 110 FEET
WOOD DRIVE)
MINIMUM SIDE YARD - FROM EASTERN 45 FEET 45 FEET
BOUNDARY
MINIMUM SIDE YARD - FROM WESTERN 80 FEET 80 FEET
BOUNDARY
MINIMUM SETBACKS (INTERNAL)
INTERNAL DRIVE AISLE (MEASURED 10 FEET 10 FEET
FROM EDGE OF PAVEMENT)
PRESERVE BOUNDARY 25 FEET 10 FEET
MINIMUM DISTANCE BETWEEN 20 FEET 10 FEET
STRUCTURES
MAXIMUM HEIGHT
ZONED 35 FEET 30 FEET
ACTUAL 45 FEET 35 FEET
MINIMUM FLOOR AREA, subject to dwelling occupancy standards per Code of Laws Sec. 22-231
STUDIO 575 SF N/A
1 BEDROOM 675 SF N/A
2 BEDROOM 1,000 SF N/A
3 BEDROOM 1,300 SF N/A
Ascend Naples RPUD Page 3 of 14
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EXHIBIT D
Ascend Naples RPUD
LEGAL DESCRIPTION
[FOLIO: 4182-73-20-003]
THE EAST 180 FEET OF TRACT 77, LESS THE NORTHERLY 45 FEET
THEREOF "GOLDEN GATE ESTATES UNIT No. 95", ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 45, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
Together with:
[FOLIO: 4182-93-61-002]
THE SOUTH 1/2 OF TRACT 92, "GOLDEN GATE ESTATES UNIT No.
95", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
Together with:
[FOLIO: 4182-93-20-001]
THE NORTH I /2 OF TRACT 92, "GOLDEN GATE ESTATES UNIT No.
95", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 9, PAGE 45, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LESS THE NORTHERLY 45 FEET OF THE NORTH 1/2 OF
TRACT 92, "GOLDEN GATE ESTATES No. 95", RECORDED IN PLAT
BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
Together with:
[FOLIO: 4182-94-00-002]
TRACT 93, LESS THE NORTHERLY 45 FEET THEREOF, "GOLDEN
GATE ESTATES UNIT No. 95", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
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06004.
EXHIBIT E
Ascend Naples RPUD
LIST OF REQUESED DEVIATIONS
No deviations are requested.
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EXHIBIT F
Ascend Naples RPUD
LIST OF DEVELOPER COMMITMENTS
The purpose of this Section is to set forth the development commitments for the development of this
project.
1. GENERAL
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 PUD.At the time of this PUD approval, the Managing Entity
is Vanderbilt Living, LLC., or its assigns. Should the Managing Entity desire to transfer the
monitoring and commitments to a successor entity, then it must provide a copy of a legally
binding document that needs to be approved for legal sufficiency by the County Attorney. After
such approval, the Managing Entity will be released of its obligations upon written approval of
the transfer by County staff, and the successor entity shall become the Managing Entity. As
Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County
that includes an acknowledgement of the commitments required by the PUD by the new owner
and the new owners agreement to comply with the Commitments through the Managing Entity,
but the Managing Entity shall not be relieved of its responsibility under this Section. When the
PUD is closed out, then the Managing Entity is no longer responsible for the monitoring and
fulfillment of PUD commitments.
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." (Section 125.022, FS)
C. All other applicable state or federal permits must be obtained before commencement of the
development.
D. At the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan
(SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater
collection/transmission system may be required to adequately handle the total estimated peak
hour flow from the project. Whether or not such improvements are necessary, and if so, the
exact nature of such improvements and/or upgrades shall be determined by the county
manager or designee during PPL or SDP review. Such improvement and/or upgrades as may
be necessary shall be permitted and installed at the developer's expense and may be required
to be in place prior to issuance of a certificate of occupancy for any portion or phase of the
development that triggers the need for such improvements and/or upgrades.
2. TRANSPORTATION
A. The maximum total daily trip generation for the PUD shall not exceed 110 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 applications for SDP/SDPA or subdivision plat approval.
B. Access to the project will be via a primary point of ingress/egress along Vanderbilt Beach Road
and will be gated. There will also be a secondary access point along Vanderbilt Beach Road,
which will be limited to emergency access only. There will be no access point along Cherry
Wood Drive.
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4.
411.
C. The developer will construct an eastbound left-turn lane on Vanderbilt Beach Road at the Palm
Royale Cemetery median opening to accommodate U-turns as determined by the County
Manager or designee. This improvement will be designed, permitted, and constructed by
Developer at its sole expense as a ROW improvement with the initial phase of
development. This improvement will be completed prior to the first residential certificate of
occupancy for the project and is considered a site related improvement and will not be subject
to any roadway impact fee credits.
D. There will be no bicycle or pedestrian access/connection onto Cherry Wood Drive.
E. A drive aisle is depicted on the master plan. Parking may be provided along the drive aisle
and/or may be provided as separate parking lots within the MF tracts. The drive aisle and
parking will be designed in compliance with LDC standards.
F. Developer shall provide for School District student pick up and drop off(e.g., bussing, etc.) at
the project's amenity center, at the determination of the Collier County Public Schools.
3. ENVIRONMENTAL
A. This project has ±14.4 acres of existing native vegetation. A minimum of 15 percent of the
existing native vegetation on-site shall be retained. The minimum required native vegetation
for this RPUD is ±2.16 acres. Developer shall commit±2.35 acres to preserve.
4. STORMWATER
A. There shall be no encroachment by the internal stormwater management system, common
areas, LBE's, or LME's into the existing bypass drainage easement located along eastern
perimeter boundary, as depicted on the Master Plan.
B. The right-in turn lane into the project shall be included in the stormwater management calculations
for the project, and required attenuation and treatment associated with the turn lane shall be
accommodated in the project's stormwater management system at time of SDP, as allowed by the
South Florida Water Management District.
C. Based on the developer's representation of future ownership, the developer shall utilize the
property to the west of the project for stormwater management purposes and record a restriction
preventing development on and for said property, in favor of the County and in a form approved by
the County Attorney's Office. Said property is located at 5131 Cherry Wood Drive, Parcel No.
41827360005, and further described as the West 150 Feet of Tract 77, Golden Gate Estates, Unit
No. 95, according to the plat thereof, recorded in Plat Book 9, Page 45, of the Public Records of
Collier County, Florida,
5. LANDSCAPING
A. Preserves may be used to satisfy landscape buffer requirements after exotic vegetation
removal in accordance with LDC Section 4.06.02 and 4.06.05.e.1. Supplemental plantings with
native plant materials shall be in accordance with LDC section 3.05.07. A minimum 6-foot-
wide landscape buffer easement located outside of the preserve will be conveyed by the owner
to an owner's association or condominium association at time of SDP approval. In the event
that the preserve does not meet the buffer requirement after removal of exotics and addition
of supplemental planting in accordance with 3.05.07, landscape material will be provided by
owner in the 6-foot-wide landscape buffer easement outside of the preserve to meet the size
and spacing standards of a type `D' or `B' buffer, size, and number of such plantings will be
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determined at time of initial SDP approval. All supplemental plantings within the 6-foot-wide
landscape buffer easement will be upsized from the code recommended height by 2 feet
minimum. This plan will be submitted to the county for review and approval. If necessary, all
random plantings within the preserve to assist with tiered buffering will follow the planting
schedule on sheet 4 of 4 of the Master Plan.
B. A minimum 75-foot wide retained native vegetation preserve/buffer shall be provided on the
western project boundary.
C. A minimum 50-foot wide retained native vegetation preserve/buffer shall be provided on the
southern project boundary.
D. A minimum 25-foot wide landscape buffer shall be provided along Vanderbilt Beach Road.
This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet
on center, and a double row hedge at least 24 inches in height at time of planting and attaining
a minimum of three feet height within one year.
E. A minimum 10-foot wide enhanced landscaped buffer shall be provided along the eastern
project boundary. This buffer shall contain a row of trees that shall be spaced no more than
25 feet on center, and a single row hedge, with shrubs 4 feet on center and at least 60 inches
in height at time of planting.
F. Planting Schedule Notes. For areas within the preserve that exceed exotic growth / plant
material in densities greater than 75%, the following will be applied:
a. After exotic removal is completed within the preserve, these areas may require
supplemental native plantings. If the preserve does not achieve an 80% coverage by
indigenous native vegetation appropriate for the target habitat type by the end of the
first year of the monitoring program, supplemental plantings will be required. This will
be evaluated at that time and a supplemental planting plan will be submitted to the
county for review and approval by environmental staff.
b. Mid-story and groundcover would be chosen from the following species but would be
dependent\adjusted based on a field assessment after the recruitment period. They
would also be tailored to the wetland and upland portions of the preserve. Plant sizes
will be 1 gallon for groundcover and 2 gallons for mid-story.
COMMON NAME SCIENTIFIC NAME
MYRSINE MYRSINE GUTANENSIS
COCOPLUM CHRYSOBAlANU. ICACO
WAX MYRTLE MYRICA CERIFERA
BEAUTYBERRY CALLICARPA AMERICANA
'NATIVE GRASSES
* Native Grasses may include but not limited to Sawgrass, Fakahatchee Grass,
Maidencane, and Wiregrass.
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c. Supplemental canopy trees would be chosen from the following species but would be
dependent\adjusted based on a field assessment after the recruitment period. They
would also be tailored to the wetland and upland portions of the preserve. Plant sizes
will be 7 gallon for trees.
6. LIGHTING
A. Light poles shall be limited to a mounting height of 15 ft and dark sky compliant(flat panel, full cut-
off fixtures-backlight, up light and glare (BUG) rating where U=0) to avoid light trespass onto
adjacent property. Site lighting fixtures will be a 3000K maximum color temperature.
7. ARCHITECTURE
A. The development shall have a common architectural theme and buildings shall be consistent with
the Old Florida Style and/or Modern Farmhouse vernacular.
8. AFFORDABLE HOUSING COMMITMENTS
A. Seventy-one (71) units (collectively referred to as "Set Aside Units") shall be restricted as follows:
i. Thirty-one(31) units shall be rented to households whose incomes are up to and including 80%
of the Area Median Income (AMI) for Collier County and the corresponding rent limits.
ii. Thirty-one (31) units shall be rented to households whose incomes are up to and including
100% of the AMI for Collier County and the corresponding rent limits.
iii. Nine (9) units shall be rented to households whose incomes are up to and including 120% of
the AMI for Collier County and the corresponding rent limits.
iv. The Set Aside Units shall be committed for a period of 30 years from the date of issuance of
certificate of occupancy of the first Set Aside Unit. Income and rent limits may be adjusted
annually based on combined income and rent limit table published by the Florida Housing
Finance Corporation or as otherwise provided by Collier County.
B. Preference to Set Aside Units shall be given to Essential Service Personnel (ESP) and military
veterans.
i. ESP means natural persons or families at least one of whom is employed as police or fire
personnel, a childcare worker, a teacher or other educational personnel, health care personnel,
or public employee.
ii. Each Set Aside Unit will be held vacant and advertised for ESP and military veterans for a
minimum of 90 days from the date the unit is first built and for forty-five (45) days after said unit
becomes available again for rental, unless it is rented to an income qualifying ESP or military
veteran. In the event that no ESP or military veteran rents the available Set Aside Unit, then
the unit may also be offered to the general public (non-ESP/military veteran), but shall remain
a Set Aside Unit and be rent and income restricted accordingly.
iii. At a minimum, advertising will consist of providing written notice to the Collier County
Community and Human Services Division and the human resource departments for local
hospitals, the Collier County Public School District, Collier County Government, other
municipalities within Collier County, all EMS and fire districts, and the Collier County Sheriff's
Office.
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iv. Advertising for the development shall identify that the project prioritizes units for ESP and
military veteran households.
v. The Developer shall maintain a waiting list of pre-qualified ESP and military veteran renters for
subsequent vacancies. Waitlist participants shall be notified of subsequent vacancies.
vi. This commitment for ESP and military veteran preference shall remain in effect for a period of
30 years from the date of issuance of certificate of occupancy of the first Set Aside Unit.
C. These affordable housing commitments shall be monitored for a period of 30 years from the date
of issuance of certificate of occupancy of the first Set Aside Unit.
i. As part of the annual PUD monitoring report, the developer will include an annual report that
provides the progress and monitoring of occupancy of the income and rent restricted units, as
well as ESP and military veteran preference compliance, in a format approved by Collier County
Community and Human Services Division. Developer agrees to annual on-site monitoring by
the County or its designee.
9. MISCELLANEOUS
A. The developer shall build and maintain a minimum 6-foot-tall solid wall around the entire property.
The wall shall be located on the project-side of the applicable adjacent preserve or landscape buffer
(away from the adjacent residential properties on Cherry Wood Drive). The wall shall not be in a
preserve, and only be in a landscape buffer if permitted by the Land Development Code.
B. Dumpsters shall be located on the north side of the project, near the community's entrance, and
away from the adjacent residential properties on Cherry Wood Drive.
C. Parking for the rental units shall be evenly distributed around each residential building to ensure
there is no clustering of parking on the south side of the project near Cherry Wood Drive.
D. A fire hydrant shall be permitted and installed at the developer's expense adjacent to the
project on Cherry Wood Drive for emergency purposes prior to issuance of a certificate of
occupancy for the first dwelling unit. The fire hydrant will be an extension from the waterline
serving the project.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
November 6, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-50, which was filed in this office on November 2,
2023.
If you have any questions or need further assistance,please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270