Ordinance 87-041ORDINANCE 8 7-__~f~_
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM-
PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR-
PORATED. AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE ZONING ATLAS MAP NUMBER 48-25-8 BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM RMF-6, C-4 AND PUD
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
PAVILION LAKE FOR A MAXI~RIM OF 156 MULTI-FAMILY
DWELLING UNITS FOR PROPERTY LOCATED ON THE WEST
SIDE OF US-41, DIRECTLY NORTH OF THE PAVILION
SHOPPING CENTER IN SECTION 33, TOWNSHIP 48
SOUTH, RANGE 25 EAST, 15.67 ACRES; AND PROVIDING
AN EFFECTIVE DATE.
WMEREAS, Coastal Engineering Consultants, Inc., representing
41/Vanderbilt Joint Venture, petitioned the Board of County Commis-
sioners to change the Zoning Classification of the herein described
real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commis-
sioners of Collier County, Florida:
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 33, Township 48 South, Range 25 East, dollier
County, Florida is changed from RMF-6, C-4 and PUD to "PUD" Planned
Unit Development in accordance with the PUD document attached hereto
as Exhibit "A" which is incorporated herein and by reference made
part hereof, the Official Zoning Atlas Map Number 48-25-8, aa
described in Ordinance 82-2, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon receipt of notice
DATE: May 26, 1987
.... Arr.~sT.. ~ ,,,
..", 'J.;DIF, S C. O~LES, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER C~TY, FLOR~h~ /
M~ ~./~LASS-E, -J,N'. t"CHAIRMA](-/
This c)s-dh-,o-,~ filed with the
· '" ' Sec/st=ry' of ~t~fe's
% .: '%. ~PROVED AS ~O,F0~ A~ LEGAL SUFFICIENCY ~~~./~
R8624C P~ Ordinanc, 50~K 0~,~
PAVILION LAKE
PLANNED UNIT DEVELOPMENT
CEC FILE NO. 86.023
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC.
CAPC Action: May 7, 1987
BCC Approval: May 26, 1987
Revision Data:
Revision l:
Revision 3:
Final Revision:
March 18, 1987
:'~a:rc~ ?~,,~'9~7
May 12, 1987
June 3, 1987
TABLE OF CONTENTS
Section I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 Purpose
1.2 Legal Description
1.3 Property Ownership
1.4 General Description of the Property Area
1.5 Physical Description
Section II
PROJECT DEVELOPMENT DESCRIPTION
Section III
2.1 Purpose
2.2 General
2.3 Project Plan and Land Use Tracts
2.4 Maximum Project Density
2.5 Project Plan Approval Requirements
2.6 Fractionalization
MULTI FAMILY RESIDENTIAL DEVELOPMENT
Page
3
3
3
3
3
4
3.1 Purpose : 7
3.2 Maximum Dwelling Units 7
3.3 Permitted Uses 7
3.4 Regulations 7
3.4.1 Minimum Yards
3.4.2 Minimum Floor Area
3.4,3 Maximum Height
3.4.4 Buffers
3.5 Off Street Parking 8
DEVELOPMENT STANDARDS
4.10 Other Utilities
4.11 Signs
Section IV
4.1 Purpose 9
4.2 General 9
4.3 P.U.D. Master Development Plan 9
4.4 Clearing, Grading, Earthwork & Site Drainage 9
4.5 Street Construction l0
4.6 Easements for Underground Utilities l0
4.7 Utility Department Stipulations l0
4.8 Water Supply 14
4.9 Solid Waste Disposal 14
15
15
027 114
4.12
4,13
4.14
4.15
4.16
Section V
Landscaping
Water Management
Exemptions from Subdivision
Environmental Stipulations
Traffic
DEVELOPMENT COMMITMENTS
Regulations
5.1 Purpose
5.2 Development Commitments
Section VI
STATEMENT OF COMPLIANCE
15
15
16
16
17
18
18
22
ii
115
SECTION 1
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and
ownership, and to describe the existing condition of the
property proposed to be developed under the project name of
Pavilion Lake.
1.2 LEGAL DESCRIPTION
A parcel of land lying ir, Section 33, Township 48 South,
Range 25 East, Collier County, Florida, being more particu-
larly described as follows:
Commencing at the east quarter corner of said Section 33,
run S00°37'39"E along the east line of said Section 33 a
distance of 17.65 feet to the extension of the northerly
right-of-way line of Vanderbilt Beach Road; thence
NBO°O8'20"W 152.55 feet along said extension to the inter-
section of said northerly right-of-way line with the
westerly right-of-way line of U.S. 41; thence continue
NSO°O8'20"W along said northerly right-of-way line 1565.50
feet; thence Nog°51'40"E 579.68 feet to the point of
beginninq of the herein described parcel; thence S84°14'58"E
562.44 feet; thence S89°34'49"E 1Og. O0 feet; thence
S63°08'19"E 300.35 feet; thence N26°51'41"E 221.15 feet;
thence S89°34'49"E 406.00 feet to the westerly right-of-way
line of U.S. 41; thence NOO°39'O6"W along said right-of-way
line 218.97 feet; thence leavinq said right-of-way line
N89°34'49"W 30.17 feet; thence N48°50'15"W 41.39 feet;
thence S77'°14'04"W 244.43 feet; thtnce NOO°39'O6"W 260.00
feet to the southerly right-of-way line of 91st Avenue
North; thence ~89°34'49"W along said right-of-way line
1169.74 feet; thence leaving said southerly right-of-way
line S09°51'40"W 436.36 feet; thence S80°08'20"E 120.00
feet; thence S09°51'40"W 12.19 feet to the Point of
Beginning of the herein descrii~ed parcel.
The above describes an area of apr, roximately 15.67 acres of
land.
~ubjecL ,~ .ear, men-ts. ~¢r~£n~ .~ ~se~Jons of
'~.--'~,C~.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of
Slavik-Rosenhaus Partnership.
1.4
Ao
1.5
GENERAL DESCRIPTrON OF TIlE PROPERTY AREA
The project site contains 15.67 acres (±). It is
located on the west side of U.S.' 41 North approximately
1/8 mile north of Vanderbilt Deach Drive. Vanderbilt
Drive intersects U.S. 41 approximately 2½ miles north
of Pine Ridge Road.
Current zoning is RMF-6 and C-4. The parcel is bounded
on the south by the Pavilion Shopping Center PUD, on
the west by land zoned'RMF-6, on the east by U.S. 41
and a 300' wide parcel zoned C-4 which abuts U.S. 41
right-of-way and on tile north by land zoned RIqF-6. The
property is within the Collie]' County Water and Sewer
District and Collier County Water Management District
#7.
PHYSICAL DESCRIPTION
Approximately 60% of the property has been cleared.? 'A
2.9 acre lake sits on tile cleared half. The lake and
clear area are on tile west half of the site.
There is a 2.5 acre cypress head at the southeast
corner. The rest of the site is divided between
pine/myrtle and pine/palmetto with some sabal palm
throughout. There are a few large pine trees on the
site. There are also substantial intrusions of
melaleuca near the cypress head with specimens up to 24
inches in diameter. There is Brazilian pepper near'the
lake.
Soil types found on the site are: Arzell Sand lapproxi-
mately 75%), Immokalee Fine Sand (approximately 20%)
and St. Lucie Fine'Sand (approximately 5%). These are
all deep,fine sands with rapid internal drainage (soil
characteristics from USDA soil survey of Collier
County, dated Idarch '54).
Elevations within the site range from.+9.0 to +12.0
with some mounds and ditches higher and lower. The
entire site is.within F.I.R.M.' Zone X, .i.e. above 100
year flood levels.
117
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE .-
The purpose of this section is to describe the general plan
of development for the project including land use and
density.
2.2 GENERAL
Regulations for development of Pavilion Lake shall be
in accordance with the contents of this document, and
any applicable sections and/or parts of the Collier
County Zoning Ordinance in effect at the time of
adoption of this ordinance.
Unless otherwise noted, the definitions of all terms
shall be the same as those set forth in the Collier
County Zoning Ordinance in effect at the time of
adoption of this ordinance.
2.3 PROJECT PLAN AND LAND USE TRACTS
The project site plan, including street layout and
land use is shown in Exhibit A, the P.U.D. Master Plan.
B o
In addition to the various areas and specific items
shown on Exhibit A, such easements'{utility, private,
semi-private, semi-public, etc.) shall be established
within or along tLe various tracts as may be necessary
or deemed desirable for the service, function or
convenience of the project residents.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 156 residential dwelling units in a
multi-family configuration shall be constructed on 15.67
acres of the project area. The gross density will be 10
units per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
~rior 'to .cDm~n~nci~g cDns~ruc%i'~n, f~ntl plans of the
required improvements shall receive the approval of all
appropriate Collier County governmental agencies to insure
compliance with applicable laws and requirements.
Exhibit A, The P.U.D. Master Plan, constitutes the required
P.U.D. development plan and the Master Plan. Subsequent to
its approval, the final site plans shall be submitted for
approval. . .
2.6 FRACTIONALIZATION
Develo@ment and Fractionalization of Tracts
A. When the developer sells an entire tract or a
building parcel (fraction of a tract) to a subse-
quent owner, or proposes development of such
property himself, the developer shall provide to
the Zoning Director for approval, prior to the
development of the tract by the developer or prior
to the sale to a subsequent owner of such
property, a boundary drawing showing tile tract and
the building parcel therein (when applicable) and
the square footage assigned to the property. ~he
drawing shall also show the location and size of
access to those fractional' pa~ts that do not a'but
a public street. An updated Master Plan showing
the fractional parcel shall also be submitted.
B. In the event any tract or building parcel is sold
by any subsequent owner, as identified in Section
2.04(1), in fractional parts to other parties for
development, the subsequent owner shall provide to
the Zoning Director, for approval, prior to
development of the tract by the developer or prior
to the qale to a subsequent owner of a fracticnal
part, a boundary drawing showing his originally
purchased tract or building parcel and the frac-
tional parts therein and the number of units
and/or square.'~ootage,, as app!icable;.assigned'to
each of the fractional parts. The drawing shall
also show tile location and size of access to those
fractional parts that do not. abut a public street.
An updated Master Plan showing the fractional
parcel also shall be submitted.
C. The developer of any tract must submit a
Conceptual Site Plan for the'entire tract in
accordance with Section 2.5 of this document prior
to Final 'Site' Development Plan submittal for any
por.tion of that tract. The developer may choose
,~ct ~e .s~al~.t e Comc.ept~al $~,te Plan for the
approved for the entire tract.
D. The developer of any tract or building parcel must
submit, prior to or at the same time of applica-
tion for a building permit, a detailed site
development plan for his tract or parcel in
4
conformance with the Zoning Ordinance requirements
for site development plan approval. This plan
shall be in compliance with any approved
Conceptual Site Plan as well as all criteria
within this document.
In evaluating the fractionalization plans, the
Zoning Director's decision for approval or denial
shall be based on compliance with the criteria and
the development intent as set forth in.this
document, conformance with allowable amount of
building square footage and the reasonable acces-
sibility of the'fractional parts to public or
private roadways, common areas, or other means oF'
ingress and egress.
If approval or denial is not issued'within ten
(10) working days, the submission shall be con-
sidered automatically approved.
PUD Conceptual Site Plan Approval Process ..
When PUD Conceptual site plan approval is desired Or
required by this document, the following procedure shall 'be
followed:
A written request for conceptual site plan
approval .shall be submitted to the Director for
approval. The request shall include materials
necessary to demonstrate that the approval of the
conceptual site plan will be in harmony with the
general intent and purpose of this document. Such
material may include, but is not limited to he
following, where applicable:
1. Site p~ans' at an'~ppropriate scale show'ing
proposed placement of structures on the
property; provisions for ingress and egress,
off-street loading areas; yards and other
open spaces.
2. Plans showing proposed locations for util-
''ities hookup. ...
3. Plans for screening and buffering.
property development regulations may be waived or
reduced provided a site plan is approved under
this section.. · · · .....
C. A fee consistent with the current fee schedule for
County Site Development Plan approval shall
accompany the application, unless a specific fee
for Conceptual Site Plan Review is adopted.
D. If approval or denial is not issued within twenty
(20) working days, the submission shall be con-
sidered automatically approved.
Site Development Plan Approval nrocess
Site Development Plan approval, when desired or requested by
this document, shall follow the procedure as outlined in the
Zoning Ordinance.
121
SECTION III
MULTI FAMILY RESIDENTIAL DEVELOPMENT
3.1 PURPOSE
The purpose of this section is to set forth the development
plans and regulations for the multi-family tract of this
project.
3.2 MAXIMUM DWELLING UNITS
A maximum of 156 residential dwelling units in a multi-
family configuration shall be constructed on 15.67 acres of
the project area.
3.3 PERMITTED USES
No building, structure, or part thereof, shall be erected,
altered, or used, or land used, in w~ole or in part, for
other than the following:
Principal Uses:
1. Multiple-family dwellings.
3.4
B. Accessory Uses:
1. Accessory uses and structures, including
storage facilities, private club, laundry
facilities, manager's office and living
quarters.
2. Recreational uses and facilities, such as
tennis course and like, swimming pools, and
childrens playground areas. Such uses shall
be visually and architecturally compatible
with adjacent residences.
3. Sewage treatment facilities, if necessary.
REGULATIONS
3.4.1 Minimum Yards:
AD
Setback along property boundary as
defined in legal description : 1/2 of
the bldg. height or 25' whichever is
larger.
Je.tba.ck .~rom .1.ake : 20' Jv,erage seLbac.k,
individual setbacks divided by the
to~al number of setbacks.
Co
Distance between principal structures =
1/2 sum of heights.
Do
Carports can be located within 5' of the
property line.
D27,:',: 122
Setback from internal tract boundaries :
none.
Perimeter privacy wall setback : none
from property line.
Encroachment into setbacks and yards
will be permitted with the Zoning
Director's approval when such
encroachments are the result of
relocating structures to preserve trees
as dictated by the NRMD.
3.4.2
Minimum Floor Area:
All units will comply with minimum floor
areas as set forth in Seotion 7.27 f 6)
of the Zoning Ordinance. Maximum floor
area is unlimited.
3.4.3 Maximum Height:
Three floors of living area or two floors of
living area with one (1) floor of parking
beneath the living area except that struc-
tures within 100' of 91st R.O.W. will be
limited to two floors or one floor over
parking.
3.4.4
Buffers:
Along 91st Avenue North right-of-way
= 5' buffer with landscaped fence or a
masonry wall not higher than 6' above
the crown of 91st Avenue North.
Along south property line a 5' land-
scaped buffer with vegetation meeting
the requirements of Section 8.37 of the
Zoning Ordinance, or a solid wall not to
exceed 6' in height.
Along wetland preservation area a 10'
buffer within which a pedestrian walk-
way/bikepath may be constructed.
3.5' OFF S'F'REET PARKII/G
There will be space set aside for two parking spaces per
dwelling unit, one and one-half of which will be paved
during initial construction. One-half space per unit will be
held in reserve as green space for future paving until
deemed necessary by the Zoning Director or his Designee.
SECTION IV
DEVELOPMENT STANDARDS
4.1 PURPOSE
The purpose of this section is to set forth the standards
for the development of this project.
4.2 GENERAL
All facilities shall be constructed in strict accordance
with the final development plan and all applicable state and
local laws, codes and regulations.
4.3 P.U.D. MASTER DEVELOPMENT PLAN
Ao
Bo
Do
E o
Go
Exhibit 1, the P.U.D. Master Plan, iljustrates the
proposed development. Unit, street, and parking
locations are conceptual only.
Minor site alterations to the Master Plan may be
allowed subject to the approval of the Zoning
Director or his designee.
All necessary easements, dedications, or other
instruments shall be granted to insure the con-
tinued operation and maintenance of all service
utilities and project areas.
Prior to completion of the work shown on the
Master Plan, all commitments listed in this PUD
Document {Section 5.2) shall be met by the Devel-
oper or his designee at time of completion.
Polling places shall be permitted as deemed
appropriate by the Supervisor of Elections.
All entities utilizing common areas, drainage
facilities, recreational areas and open spaces
shall be responsible for maintenance of those
areas.
A five (5) foot easement for a bike and foot path
to be constructed by the petitioner shall be
provided along the easterly property line to
permit access from 91st Street to the shopping
center.
4.4 CLEARING, GRADING, EARTHWORK & SITE DRAINAGE
~ll ~ee removal,' clearing, grading, earthwork & site
drainage work shall be performed in accordance with
applicable State and local codes and ordinances. All
necessary permits will be obtained before construction.
].24
~m
4.5 STREET CONSTRUCTION
All internal roads will be 20' minimum pavement width.
Internal roads will remain private unless built to
subdivision regulations.
4.6 EASEMENTS FOR UNDERGROUND UTILITIES
Easements for underground utilities such as power, tele-
phone, cable T.V., wastewater collection, water dis-
tribution, and similar uses.shall be located and granted as
required for those purposes.
4.7 UTILITY DEPARTMENT S~IPULATIONS '
A. Water & Sewer
1) Water distribution and sewage collection and trans-
mission systems will be constructed throughout the
project development by the developer pursuant to ali
current requirements of Collier County and the State of
Florida. Water and sewer facilities will be
constructed within platted rights-of-way or within
utility easements required by the County and the State
of Florida. Water and sewer facilities constructed
within the platted righ~s-of-way or withiq utility
easements required by the County shall be conveyed to
the County for ownership, operation and maintenance
purposes pursuant to appropriate County Ordinances and
Regulations in effect at the time of conveyance. All
water and sewer facilities constructed on private
property and not required by the County to be located
within utility easements shall be owned, operated and
maintained by the Developer, his assigns or successors.
Upon completion of construction of the water and sewer
facilities within the project, the facilities will be
tested to insure that they meet Collier County's
utility construction requirements in effect at the time
construction plans are approved. The above tasks must
be completed to the satisfaction of the Utilities
Division prior to placing any utility facilities,
County owned or privately owned, into service. Upon
completion of the water and/or sewer facilities, and
prior to the issuance of Certificate of Occupancy for
structures within the project the utility facilities
shall be conveyed to the Ccunty, when required by the
requested.
2) All construction plans and technical specifica-
tions and proposed plats, if applicable, for the
proposed water distribution and sewage collection and
transmission facilities must be reviewed and approved
by the Utilities Division prior to commencement of
construction.
10
3) All customers connecting to the water distribution
and sewage collection facilities will be customers of
the County and will be billed hy the County in accor-
dance with the County's established rates. Should the
County not be in a position to provide water and/or
sewer service to the project, the water and/or sewer
customers shall be customers of. the interim utility
established to serve the project until the County's
off-site water and/or sewer facilities are available to
serve the project.
4) It is anticipated that the County Utilities
Division will ultimately supply potable water to meet
the consumptive demand and/or receive and treat the
sewage generated by this project. Should the County
system not be in a position to supply potable water to
the project and/or receive the project's wastewater at'
the time development commences, the Developer, at his
expense, will install and cperate interim water supp'ly
and on-site treatment facilities and/or interim on-site
sewage treatment and disposal facilities adequate to
meet all requirements of the appropriate regulatory..
.agencies.
5) An Agreement shall be entered into between the
County and the Developer, binding on the 0eveloper, his
assigns or successors, legally acceptable to the
County, prior to the approval of construction documents
for the proposed project, stating that:
a) The proposed water supply and on-site treatment
facilities and/or on-site wastewater treatment and
disposal facilities, if required, are to be constructed
as part of the proposed project and must be regarded as
interim; they shall be constructed to State and
Federal standards and are to be owned, operated and
maintained by the Developer, his assigns or successors
until such time as.the County'.s.off-site water
facilities and/or off-site sewer facilities are
available to service the project. The interim treatment
facilities shall supply services only to those lands
owned by the Developer and approved by the County for
development. The utility facility(ies) may not be
expanded to provide water and/or sewer service outside
b) Upon connectidn to the County's off-site water
facilities, and/or sewer facilities, the Developer, his
assigns or successors shall abandon, dismantle and
remove from the site the interim water and/or sewage
treatment facility and discontinue use of the water
supply source, if applicable, in a manner'consi:tent
with State of Florida standards. All work related with
this activity shall be performed at no cost to th=
County.
11
c) Connection to the County's off-site water and/or
sewer facilities will be made by the owners, their
assigns or successors at no cost to the County within
90 d~ys after such facilities become available. The
cost of connection shall include, but not be limited
to, all engineering design and preparation of con-
struction documents, permitting, modification or
refitting of existing sewage pumping facilities or
construction of new master sewage pumping facilities,
interconnection with County off-site facilities, water
and/or sewer lines necessary to make.the con-
nections(s), etc.
d) At .the time County off-site water and/or sewer
facilities are available for the project to connect
with, the following water and/or sewer facilities shall
be conveyed to the County pursuant to appropriate
County Ordinances and Regulations in effect at the
time:
1) All water and/or sewer facilities constructed
in publicly owned rights-of-way or within utility
easements required by the County within the
project limits required to'make connection wit~ '
the County's off-site water and/or sewer facil-
ities; or,
2) All water and sewer facilities required to
connect the project to the County's off-site water
and/or sewer facilities when the on-site water
and/or sewer facilities are constructed on private
property and not required by the County to be
located within utility easements, including but
not limited to the following:
a) Main sewage lift station and force main
interconnecting with the County sewer facil-
ities including all.utility easements neces-
sary;
b) Water distribution facilities from the
point of connection with the County's water
facilities to the Taster water meter serving
~he ~r.ojec,~ ~m£]~dJng all ~.t~,~£y ~a~ements
~ e. ce~ a ry.
e) The customers served on an interim basis by the
utility system constructed by the Developer shall
become customers of the County at tile time when County.
off-site water and/or sewer facilities a.e available to
serve the project and such connection is made. Prior
to connection of the project to the County's off-site
water and or/or sewer facilities the Developer, 'his
12
assigns, or successors shall turn over to the County a
complete list of the customers served by the interim
utilities system and shall not compete with the County
for the service of those customers. The Developer
shall also provide the County with a detailed inventory
of the facilities served within the project and the
entity which will be responsible for the water and/or
sewer service billing for the project.
f) All construction plans and technical specifica-
tions related to connections to the County's off-site
water and/or sewer facilities will be submitted to the
Utilities Division for review and approval prio to
commencement of construction.
g) The Developer, his assigns or successors agree to
pay all system development charges in effect at the
time that Building Permits are required, pursuant to
appropriate County Ordinances and Regulations in effect
at the time of Permit request. This requirement shall
be made know to all prospective buyers of properties
for which building permits will be required prior to
the start of building construction.
h) The County will lease to the Developer, for
operation and maintenance, the water distribution
and/or sewage collection and transmission systems for
the sum of $10.C~ per year, when such system is not
connected to the off-site water and/or sewer facilities
owned and operated by the County. Terms of the lease
shall be determined upon completion of the proposed
utility construction and prior to activation of the
water supply, treatment and distribution facilities
and/or the sewage collection, transmission and treat-
ment facilities. The Lease, if required, shall remain
in effect until the County can provide water and/or
sewer service through its off-site facilities or until
such time that bulk rate water and/or sewer service
agreements are negotiated with the interim utility
system serving the project.
B. Data required under County Ordinance 80-112 showing the
availability of sewage service, must be submitted and
appro,ved by the Utilities Division prior to approval of the
construction documents for the project. Submit a copy of
the approved DER permits for the sewage collection and
.~ma~.sm~.ssion s~stems ~md ~e wastewater ,~rea~men.t facility
C. If an interm on-site water supply, treatment and
transmission facility is utilized to serve the proposed
project, it must be properly sized to supply average and
peak day domestic demand, in addition to fire flow demand at
a rate approved by the Fire Control District servicing the
project area.
13
D. Construction and ownership of the water and sewer
facilities, including any proposed interim water and/or
sewage treatment facilities, shall be in compliance with all
Utilities Division Standards, Policies, Ordinances, Prac-
tices, etc. in effect at the time construction approval is
requested.
E. Detailed hydraulic design reports covering the water
distribution and sewage collection and transmission systems
to serve the project must be submitted with the construction
documents for the project. The report shall list all design
assumptions, demand rates and other factors pertinent to the
system under consideration.
1)
Hydraulic design evaluations fo~ the water system
shall includ' connection to the 12" supply line
being constructed on 91st Avenue North and loop
to the Pavilion Shopping Center main and to the
12" line on 91st at the western boudary of this
PUD, Pavilion Lake. The distribution system must
be properly sized to supply average and peak day
domestic demand, in addition to fire flow demand
at a rate approved by the appropriate Fire Control
Distirct serving the project area.
2)
Hydraulic design evaluations for the sewer system
shall include a pumping station collection of the
gravity sewer from Pavilion Lake and Pavilion
Shopping Center and a force main connecting to the
8" force main system on U.S. 41 North.
4.8 WATER SUPPLY
No Certificate of Occupancy shall be issued until the
developer/owner has demonstrated an adequate water supply
and fire flow exists.
4.9 SOLID WASTE DISPOSAL
Arrangements shall be made with the Collier County solid
waste disposal franchise holder to provide for solid waste
collection to serve the project.
14
mm
4.10 OTHER UTILITIES
Utility lines for Telephone, Power, and Cable T.V. service,
when available, shall be installed underground.
4.11 SIGNS
All signs erected on the site shall be in accordance with
the current Collier County Ordinances or ordinances in
effect at the time of application for said permits. The
developer of Pavilion Lake may install a sign of the project
entrance at Vanderbilt Ik~h.1~cl. after obtaining all necessary
approvals.
4.12 LANDSCAPING
All landscaping shall be in accordance with the appropriate
Collier County Ordinances and this document.
4.13 WATER MANAGEMENT
A)
Detailed site drainage plans shall be submitted to the
County Engineer for review. No construction permits
shall be issued unless and until approval of con-
struction in accordance with the submitted plans is
granted by the County Engineer.
An Excavation Permit may be required for the existing
lake in accordance with Collier County Ordinance No.
80-26, as amended by Ordinance No. 83-3, in order to
bring the existing lake into compliance with pre-
sent-day standards.
c)
D)
The Developer may aerate the lake if deemed desirable,
and may use lake for irrigation purposes.
A bulkhead may be constructed along all or part of~ the
lake bank in lieu of standard sideslopes.
E)
The Developer has the right to relocated the drainage
from the cypress area to the lake to facilitate
planning.
F)
Wells for lake recharge may be permitted as long as
required SFMWD permits are obtained.
G)
Developer shall demonstrate that this project causes no
adverse impact on the contributory wetlands east of
th:i~ ~roj.e£.~ e:l ~me ~£ ~mitta] .of drainage .plans.
H)
Developer shall provide a drainage easement to Collier
County encompassing the entire wetland/lake/outfall
system.
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4.14 EXEMPTIONS FROM SUBDIVISION REGULATIONS
The following exceptions to the Collier County Subdivision
Regulations apply to this project:
Article XI, Section 17F: Right of Way width with
review and approval by the Engineering Department
and Utility Division.
b. Article XI, Section 17I: Curb Radii.
Article XI, Section 17J: 100 foot tangent at
intersections.
do
Article XI, Section 10: Valve covers at monuments
in streets.
Article XI, Section 17K: 100 foot tangent at
reverse curves.
4.15 ENVIRONMENTAL STIPULATIONS
1)
A site clearing plan shall be submitted to the Natural
Resources Management department and the Community
Development Division for their review and approval
prior to any substantial work'on the site. This plan
may be submitted in phases to coincide with the devel-
opment schedule. The site clearing shall depict how
the final site layout incorporates retained native
vegetation to the maximum extent possible and how
roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate this goal.
2)
Native species shall be utilized, where available, to
the maximum extent possible in the site landscaping
design. A landscaping plan will be submitted to the
Natural Resources Management Department and the Commu-
nity Development Division for their review and approval.
This plan will depict the incorporation of native
species and their mix with other species, if any. The
goal of site landscaping shall be the re-creation of
native vegetation and habitat characteristics lost on
the site during construction or due to past activities.
3)
All exotic plants, as defined in the County Code, shall
be removed during e~ch phase of constr.uct~on from
areas. Following site development, a maintenance
program shall be implemented to prevent reinvasion of
the site by such exotic species. This plan, which will
describe control techniques and inspection intervals,
shall be filed with and approved by the Natural
Resources Management Department and the Community
Development Division.
16
131
4)
5)
6}
7)
8)
g)
If, during the course of site clearing, excavation, or
other construction activities, an archaeological or
historical site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Natural Resources Manage-
ment Department notified. Development will be
suspended for a sufficient length of time to enable the
Natural Resources Management Department or a designated
consultant to assess the find and determine the proper
course of action in regard to its salvageability. The
Natural Resources Management Department will respond to
any such notification in a timely and efficient manner
so as to provide only a minimal interruption to any
construction activities.
Prior to a more "finalized" site plan, a conceptual
site plan must be submitted to NRMD for review NRMD
wishes to cooperate with the petitioner to maximize
retention of native habitat and landscaping.
All butterfly orchids must be transplanted to areas
approved by NRMD prior to site development.
The petitioner shall satisfy all state {Florida Game
and Fresh Water Fish Commission) stipulations
concerning protected plant and animal species (i.e.,
gopher, turtles).
Petitioner will be subject to Ordinance 75-21 {or the
tr~e/vegetation removal ordinance in existence at the
time of permitting), requiring the acquisition of a
tree removal permit prior to any land clearing.
For all of the stipulations above, mutual agreements
must be reached between NRMD and personnel of the
Pavilion Lake development. If mutual agreements cannot
be reached, the matter will be brought before the EAC
or whatever County environmental review board is in
power at the time of disputes; this governing entity
will act as an arbitrator for disputes. If arbitration
is futile, the matters will be brought before the Board
of County Commissioners (BCC), the BCC to act as the
final arbitrator.
1)
The developer shall provide a fair share contribution
toward the capital cost of traffic signals and related
intersection improvements should they become needed in
the future. The signals will be owned, operated and
maintained by the County. Road impact fees shall be
credited toward this fair share contribution.
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27 , ,:132
SECTION V
5'.1 PURPOSE'I
The purpose of this Section is to set for the..standards .for
development of the project.
5.2 DEVELOPMENT COMMITMENTS
Energy
1. Construction shall comply with applicable
local and state energy codes..
2. Reasonable "good faith" efforts to utilize
state-of-the art energy conservation tech-
niques shall be made where practically and
economically feasible. Such techniques may
include, but not be limited to the.follow.lng:
a. Use of energy-efficient features in
window design {e.g., shading and
tinting).
b. installation of energy-efficient appli-
ances and equipment.
c. Reduced coverage by asphalt, concrete,
rock and similar substances in street,
parking lots and. other areas to reduce
local air temperature and reflected
light and heat.
d. Installation of energy-efficient
lighting for streets, parking area,
recreation areas and other interior and
exterior public areas.
e. Selection of native plants, trees, and
other vegetation and landscape design
features that reduce requirements for
water, fertilizer,, maintenance and other
needs.
f. Planting of'shade'trees to provide
'and.'par'kingl'areas ....
g. Provision for structural shading (e.g.,
trellises, awnings and roof overhangs)
wherever practical whe~'hatural shading
_cannot be used effectivel.y.
h .... Inclusion of porch/patio area in res-
idential units.
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Bo
Co
3o
Deed restrictions and other mechanisms, shall
not prohibit or prevent th use of alternative
energy devises such as solar collectors
(except when necessary to protect the public
health, safety and welfare).
Air Quality
The developer shall comply with applicable
codes and apply for required permits relative
to air quality.
In the interest of public welfare, the
Developer agrees not to burn cleared
materials on-site.
Water Management
Detailed water management construction plans
shall be submitted for approval to the County
Engineering Department prior to commencement
of construction.
The drainage system for Pavilion Lake shall
implement the commonly accepted water quality
and management practices.
3o
An on-going maintenance and monitoring
program that regularly inspects and maintains
the stormwater drainage system shall be
implemented.
Utilities
A central water supply system shall be made
available to all areas of the project, The
water supply source for~ the project shall be
Collier County Utilities.
All areas of the project shall be served by
the Collier County central sewage system if
available,
3 °
The development shall be in substantial
compliance with applicable County laws and
'~n,U';f~il.'i~i;~s.
4o
Telephone, power and T.V. cable service shall
be made available to the site.
19
Transportation
The Developer will make improvements neces-
sary to provide LOS "c" Capacity on U.S. 41.
These improvements are:
Bo
Addition of a second left turn lane on
northbound U.S. 41 at the Vanderbilt
Beach Intersection.
b o
Addition of another westbound lane on
Vanderbilt Beach Road from U.S. 41 to
the westerly entrance to the Pavilion
Shopping Center.
C o
Contribution toward construction of
improvements to right turn lane from
Vanderbilt Beach Road onto U.S. 41, not
to exceed one-half the cost thereof or
$5,000.00, whichever is less, provided
said improvements are undertaken at the
same time as those described in "a" and
"b" above.
o
There will be no project entrance on 91st
Avenue North except for emergency vehicles.
This emergency entrance will be landscaped
and guarded by a "knock-down" barrier to
prevent normal vehicular traffic.
This entrance may be used during construction
as an access for construction vehicles, and
if so used, such dust control measures as may
be reasonable to prevent construction traffic
from causing a nuisance to residents of 91st
Avenue North will be instituted.
3 o
A 5-foot sidewalk/bikepath is to be
constructed as shown on the P.U.D. Master
Plan to replace an existing sidewalk
traversing the site. The existing sidewalk
will be kept in service until the replacement.
is completed. At least one park bench will
be provided along the path near the cypress
area and dt such time as the developer
constructs a parking lot along the eastern
boundary of the project, lighting will be
20
:-135
4 o
Where the replacement sidewalk terminates at
the shopping center pavement, the developer
will provide a marked pedestrian crossing
with appropriate signage connecting the end
of the walk to the center and striping along
the north edge of the shopping center rear
parking lot to create a bikeway, both
improvements subject to the approval of the
shopping center owner.
Fo
Payment in Lieu of Land Dedication
Section 3.III.B.8. of the future land use element
of the Collier County Comprehensive Plan provides
for payment in lieu of recreational land
dedication.
The recreational land dedication requirement for
Pavilion Lake is 0.78 acres {156 D.U. x 2.5
persons/D.U, x 0.002 ac/person - 0.78 acres}. In
accordance with the provisions of the
Comprehensive Plan, an appraisal, acceptable to
the Board of County Commissioners, was made by the
developer for the purpose of determining the value
of land to be dedicated. A total payment in the
amount qf $70,200 is to be made by The Pavilion
Lake's developer or his designee, one-half payable
prior to issuance of the first certificate of
occupancy, the balance due prior to the issuance
of the seventy-eighth certificate of occupancy or
within one year after the first payment, whichever
first occurs.
21
SECTION VI
STATEMENT OF COMPLIANCE
The development of 15.02 acres of property in Section 33,
Township 48, South, Range 25 East, Collier County, Florida,
as a Planned Unit Development to be known as Pavilion Lake,
will be in compliance with the planning goals and objectives
of Collier County as set forth in the Comprehensive Plan.
The residential development of Pavilion Lake will be consis-
tent with the growth policies, land development regulations
and applicable Comprehensive Plan documents for the
following reasons:
The project development is compatible and comple-
mentary to the surrounding land uses.
Improvements are planned to be in compliance with
applicable regulations.
The project is an example of good land planning in
that it provides proper transition between a
commercial P.U.D. (the property faces the rear of
The Pavilion Shops) and the low-rise, multi-family
and single family units of North Naples. This
follows classical zoning practices of
stair-stepping from a higher class of conventional
zoning district to a lower class. In effect, it
will provide a buffer between commercial and low
to medium density residential districts.
22
I_37
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STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts In and for the
Twentieth Judlclal Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
ORDINANCE NO. 87-41
which was adopted by the Board of County Commissioners on the
26th day of May, 1987, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
day of June, 1987.
JAMES C. GILES
Clerk of Courts and Clerk'/
Ex-officio to the Board.of
County Commissioners...
I]oulse Chesonls Deputy Clerk