Ordinance 84-51 t~IiEP. FAS, Collier Develolment Corporation, petitioned the Board
of County Commissioners to chenaa the Zonin$ Classification of the
herein described reel propertyl
NOW, THEItEFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida=
SECTION ONE=
The Zonins Classification of the herein described real property
located in Section 33, Township A8 $., Range 25 E., Collier County,
Florida is chanaad from BHF-6
accordance w~th the PUD document attached hereto aa Exhibit "A"
which ie ~ncorporated herein and by reference made part hereof. The
Official Zonins Atlas Map Number, Number 48-25-8~
Ordinance 82-2, Ks hereby amended accordinaly.
This Ordinfnce .hal! becoua effecCLve upon receLpt
that Lo her been fLled vtth the SecreteF7 of State.
BOAI~ OJ~ COL~I'Y COI~SSIONERS
COLLIER CO~ FLORIDA
D~V~. BRO~, ~I~
R-8~-16C PUD O£dLnence
o:u~, o~ cocc~ )
I, ~ J, RE/~, Clerk of Courts tn and for the T~mCieth
Jud/cSal C[rcu/c, Collier Cocncy, Flor/da, do hereby cerCiff~ ~ha~ the
foregoing ia a true o~g/.'~l of:
ORDINAN(~ NO. 84-51
Clerk of CouPs m~d Clerk
1~ officio to Bo~'d of
PLANNED UNIT OEVELOPHENT DOCUI4ENT
FOR
THE PAVILION SHOPPING CENTER
PREPARED BY:
Collier Development Corporation
3003 North Tamtami Trail
Naples, Florida 339~O
Date Issued:
Date Approved by CAPC:
Date Approved by BCC :
July ~
Aui~u~C 7,
SECTION I:
SECTION I1=
SECTION II1:
SECTION IV:
lib
TABLE OF CONTENTS
PROPERTY OVtjERSHIP AND LEGAL DESCRIPTIOII
COMHERClAL DEVELOPMENT REGULATIONS
DEVELOPMENT COHHITMENTS
EXHIBITS
PAGE
2'5
6-8
SECTION I: PROPERTY O~/NERSHIP AND LEGAL DESCRIPTION
1,1 PROPERTY OI~ERSHIP
The subject property Il currently under the o~nershlp and control of
Collier 0evelopment Corporation, 3003 North Tamlami Trail Naples
Florida' 33940. ' '
LEGAL DESCRIPTION
A parcel of land lying In Section 33, To~nshlp 48 South, Range 25
East, Collier County, Florida, being more particularly descrlbed
as follows:
CoflTnenclng at the I/4 Corner on the East Il'ne of Section 33, and ·
point on the East right-of-way line of Tamlaml Trail (U.S. Highway 41,
a 150 foot right-of-way) run thence South along said East section line
18.5 feet, thence turn an angle 79°30. North to West wlth said Section
line, a distance of 152.55 feet to a point being the Intersection of the
Westerly right-of-way of Tamlaml Trail (U.S. Highway 41, a 150 foot right-
of-way) with the Northerly right-of-way 11ne of Vanderbilt Beach Road
(County Road 862, · 100 foot rlght-of-way) to the Point of Beginnlng.
Fro~ the Point of Beginning and along the said Northerly right-of-way 1ina
run North 80°29,30'' West · distance of 1565.50 feet to a point; run thence
North O9°30,30- East a distance of 591.87 feet to · point; run thence South
89°56~00'' East a distance of 1431.41 feet to a point on the aforesaid
Westerly right-of-way Ilne of Tamlaml Trail (U.S. Highway 41); ~n thence
alon9 said Westerly right-of-way line South O1"O0'32" East a dis~ance of
840.81 feet to the Point of Beginning. The described lands containlng
24.45 acres.
Described and ccxnpute~ in accordance with survey C-15331 by Tri County
Engineering, Inc.
-1-
g
SECTION I1: COMMERCIAL DEVELOPMENT REGULATIONS
2.1
PURPOSE
The purpose of this section Is to set forth the regulations for the
~evelopment of the proposed 2q.q$ acre Planned Unit 0evelopment.
2,2 PERMITTEO USES AND STRUCTURES, SUBJECT TO SITE PLAN REVIEW
No building or structure, or part thereof, shall be erected, altered or
used, or land or water used, in whole or in part, for other than the
following:
2.2 a. Permitted Principal Uses and Structures
1. Antique shops
2. Appliance stores
3. Art studios
q. Art supplies
5. Automobile parts stores
6. Automobile service stations
7. Bakery shops
'8. Banks (branch or main office) and financial Institutions
9. Barber and Beauty shops
10. Blueprint shops ~.
11. Bicycle sales and services
12. Book stores
13. Carpet and floor covering sales (Including storage and
Installation)
14. Child care centers
15. Churches and other places of worship
16. Clothing stores
17. Cocktail lounges
13. Co~r~erclal recreation (indoor)
19. Confectlonary and candy stores
20. Delicatessens
21. Oepartment stores
22. Drug stores
23. 0fy cleaning shops
24. 0ry goods stores
25. Drapery shops
.26. Electrical supply stores
27. Fish stores
28. Florist shops
2~. Food markets
30. Furniture stores
il. Furrier shops
'2'
2.2
32. Garden supply stores
33, GIFt shops
34. Gourmet shops
36. Health Food stores
37. Hobby supply stores
Ice cream stores
Interior decorating showrooms
Jewelry stores
Laundries
42. Leather goods and luggage stores
Llquor stores
Locksmfths
Heat market
~edicel office or clinic For human care
47. Motion picture theater
Millinery shops
~uslc stores
50° OFFice (general)
51. Office (retail or proFesslonal)
52. Office supply stores
Paint and wallpaper stores
Pet shops
55. Pet supply stores
Photographic equipment stores
57. Post office
58. Publishing and mimeograph service shops
Prlvate clubs
Radio and televislon service and sales
61. Small appliance stores
62. Shoe sales and repairs
Restaurants (Including drive-ins and Fast Food stores)
Shopping centers
65, Souvenir stores
66, Stationary stores
67. Supermarkets
68. Tailor shops
69. Tobacco shops
70. Toy shops
71. Tropical fish stores
72. Variety stores
73. Veterinary offices and cilnlcs (no outslde kenneling)
Watch and preclslon Instruments sales and repa,r
75. Any other commercial use or professional service which
comparable in nature with the foregoing uses and which the
Zoning Director determines to be compatible in the district.
Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with the uses
permitted In this district.
-3-
2.3
HINIHUM YARD REQUIREMENTS
2.3. a. Front Yard
Minimum twenty-five (25) feet for buildings and fifteen (15)
feet from the right-of-way line of any public street in which
no parking shall be allowed.
2.3. b. Slde Yard
None, or a mlnlmum of five (5) feet wlth unobstructed passage
from front to rear yard.
2.3. c. Rear Yard
Twenty-five (25) feet.
MAXI~UH HEIGHT
Fifty (50) feet.
2.5
HINIMUM OFF-STREET PARKING AND OFF-STREET LOADIHG REQUIREMENTS
As required by the zoning ordinance In effect at the tlme of a~pllcation
for building permits. *
2.6 USABLE OPEN SPACE
Thirty percent of the site acreage to be developed In Phase One
(as Iljustrated on the Master Plan) Is devoted to useable open space. **
At least ~0~ of the gross area of the total slte will be devoted to useable
open space when fully developed.
The developer Intends to take advantage of the provisions of the Zoning
Ordinance which e11o~s the substitution of landscaping for pavement If the
Zoning Director views the number of required parking spaces as excessive
and provided that these landscaped areas are reserved for future parking
if the County should flnd additional spaces are needed.
These open space areas Include perimeter landscape buffers, planting Islands
in parking lots and other vehicular usa areas, and the landscaped areas on
the perimeter of the building. The "Expansion" and "Out Parcel"
areas shown on the Halter Plan are not Included In this calculation of open
IplCl Itel,
2..7
SIGNS
2.7.1
Individual, Business Signs
~all, marquee, or hanging signs below the canopy of the shopping
center, with an area not more than twenty percent (20~) of the
total square footage of the front wall or facade area under the
canopy, wlth a maximum Of 250 square feet per rental unit.
2.7.2
Out Parcel Signs
Two wall or marquee signs per out parcel with an area not to
exceed 20~ of the total square footage of the wall to which It
shall be affixed, with a maximum of 250 square feet per sign,
or one wall/marquee sign and one free-standlng,on-premise sign
per out parcel not to exceed one hundred (100) square feet
maximum. Haxlmum height, twenty-five (25) feet for free-standing
signs.
2.7.3
?Z.oJect Identlf.lcation Signs
One project Identification slgn not to exceed two hundred and
f~fty (250) square feet at the Intersection of U.S. ql and
Vanderbllt Beach Road~ plus one project Identlflcatlon slgn at
each major entrance to the shopping center not to exceed one
hundred and fifty (150) square feet per entrance. H&Ylmum height,
twenty-five (25) feet.
2.7.~
Addltlonal 0eslgn..Requlreme.~ts
Additional gulda-Ilnes which are more stringent than those
contained In the Zoning Ordinance In effect at the tlrm~pf
application for · building permit may be established by the
developer to ensure maximum consistency and continuity In the
design and location of signs.
2.8 HINIHU~ LANDSCAPING
As required by the Zoning Ordinance In effect at the time of application
for building permits.*
The landscaping shown In the Haster Plan 'Is substantially greater than required
by the existing Zoning Ordinance. It is the developer's Intention to provide
this addltional landscaping to create an outstanding shopping environment.
-5-
SECTION II1: DEVELOPMENT COf~41TMENTS
3.1 UTILITIES
A)
C)
~)
E)
F)
Potable water will be supplled by the County water service system
through an exlsting 12" main running north/south on the west side
of U.S. 41. Ali customers connecting to the water distribution
facility will be customers of the County Water-Se~er OIstrict and
will be billed in accordance with the approved County Rate Structure.
All on-site and off-site Utility Facilities construction by the
Oeveloper In connectlon with the development shall be constructed to
County Standards at no cost to the County and shall be deeded to the
County Water-Sewer Dlstrlct~ In accordance with applicable County
Ordinances and Regulations.
Ali customers connecting to the sanitary sewer facilities will be
customers of the County Water-Sewer 01strlct and will be billed In
accordance with the approved County Rate Structure.
All construction plans and technical specifications for the proposed
Utility Facilities must be reviewed and approved by the Utility
Olvlslon prior to commencement of construction.
Construction documents for all water and sewer facilities e~Lenslons
to this property must be reviewed and approved by the Utilities
Division prior to commencement of construction.
The owners, their assigns or successors shall agree to pay all
applicable system development and connection charges at the time
that Building Permits are required, pursuant to appropriate
County Ordinances and Regulations in effect at the time of Permit
request.
Connections to the existing sewage collection system serving the
Pavillon Shopping Center for structures constructed on the property
covered by the subject petltlon cannot be authorized by the County
Water-Sewer District un, il the current program oF expansion of the
Sewer Area '~Ae* ~astewater Treatment Facillty is approved and permitted
by the O.E.R. for treatment and disposal at a rated capacity of
MCO.
-6-
3.2 TRAFFIC IMPROVEMENTS
3,2 a. Vehicular
3.2 b.
The major entrance to the proposed development from U.S. 41 will
be located to align with the existing median crossover. A second
major entrance will be provided on Vanderbllt Beach Road and
located a minimum of 500~ west of U,S, ~1. A third entrance
be also provided on Vanderbllt Beach Road located along the
western boundary line.
SubJect to FOOT approval, a northbound left=turn lane and a south-
bound right-turn lane shall be provided on U.S. ql. Subject to
FOOT approval and when deemed by the County Engineer, the developer
or his assigns shall provide a fair share contrlbution toward the
capital cost of a traffic signal at the U.S. 41 entrance.
The developer shall provide left and right turn lanes on Vanderb[It
Beach Road'at the easterly and westerly entrance.
A fair share contribution shall be provided toward the capltal cost
of any traffic signals at the entrances on Vanderbllt Beach Road
when deemed warranted by the County Engineer.
Ali traffic signals shall be owned, operated and maintained by
Collier County.
A seventeen and one-half (17.5) foot easement to the benefit of the
County for future roadway Improvements if required shall be
provided along the south property line on Vanderbilt Beach Road.
The developer shall provide for the Installation/operation/maintenance
of street lights at the adjacent entrance off Vanderbllt Beach Road.
The developer shall revise pavement markings on Vanderbllt Beach Road
in accordance wlth previously approved plans and Include pavement
~arklngs for a westbound left=turn lane to serve the County Library
should sufficient area be available for a proper transition and ~
storage lane.
The developer will be subject to provisions of the proposed fair share
ordinance for traffic improvements if adopted by the Board of County
Commissioners.
Pedestrian and Bicycle
It is the Intent of the developer to promote pedestrian and bicycle
access by linking the existing pedestrian/bicycle pathway on the
north side of Vanderbllt Beach Road to the corr~erclal PUD, Pedes-
trian and bicycle access along U,S. ql does not appear to be appro-
priate given the character of the roadway and the volume of traffic
it carries.
-7-
MAINTENANCE OF COHMON OPEN SPACE
The developer will provide for and/or establish an organization for the
maintenance of any common open space and/or common facilities, including
but not limited to, all Interior streets and off-street parking areas.
FIRE PREVENTION
The development will comply with all applicable codes and regulations.
For the pur~ose of Building Code Standards as found In the Southern
Standard Bulidlng Code, this PUO is hereby designated as a Co~nerclal-
Fire Olstrlct.
3.5 OEVELOPMENT PLAN
3.5 a. Phasing
The proposed commercial PUD will be developed in two phases. The
master development plan Is Iljustrated In the attached as prepared
by The Haskell Company, Sheet No. IOI-B. The specific uses In and
)aydut of Out Parcel #3 have not been determlned.
3.5 b. Layout and Design Criteria
The design criteria and layout iljustrated In the Master Development
Plan and the architectural elevations and cross-sections which
accompany thls submis$1on shall be Interpreted as prel~minary and
understood to be flexlble so that the final design may best satisfy
the project and comply with all applicable requirements.
3,5 c. Easementst Oedication~. and Other Instruments
All necessary easements, dedications, or other Instruments shall be
granted to insure the continued operation and maintenance of all
service utllitles.
3.5 d. Minor Design ~hanges
Minor design changes, such as but not limited to, location and
design of buildings, distribution of parklng, etc., shall be
permitted subject to site plan approval.
-8-
~.5 e. .F.,!nal Site,Plan Ravlev
The Haster Development Plan is a visual representa~lon of the
proposed Pavilion Shopping Center commercial PUD, This plan is
not Intended to represent the final development plan. Colller
Development Corporation reserves the right to modify the plan as
It deems appropriate and subject to the normal review end approval
processes of Collier County.
Prior to the Issuance of building permits for each phase, a final
site plan shall be submitted to the Zoning Department for their
review and approval,
PRESERVATION AREA
The cypress head located near U.S. 41 at the northern end of the proposed
PU0 site will be preserved in Its natural state (except for minor adjust-
ments in coordination with the County environmental of¢lce) and clearly
marked prior to any clearing or construction.
3.7 ENVIRONMENTAL CONSIOERATIONS
Ae
The pines of Outparcel #~ shall be Incorporated into the landscaping
to the greatest extent possible.
Any exotic vegetation (as classified In the County Code) shall 'be
removed from the site and the site shall be maintained free of such
vegetation.
'9-
SECTION IVz EXHIBITS
4.1 PURPOSE AND INTE~4T
The Haster Plan (Exhibit 4) Is a visual representation of the Pavilion
Shops commercial PUD. This plan is not Intended to represent the final
development plan. Collier Development Corporation reserves the rlght
to modify the plan as it deems appropriate and subject to the normal
review and approval processes of Collier County.
-10-
VANOI!
It
/
°d
ROYAl.
COYI
PALM
I
COCONATC~I
tSTATILI
OAK
SUB'JE~T
PROPERTY
LAKE
~IUNTING
COLLIER OEVELOPHEHT CORPORATION
A. ~a~or Shareholders
Isabel Collier Read
Miles C. Collier
Barron G. Collier, II
Inglis U. Collier
EXHIBIT 2
Be
Officers
Hiles C. Collier
Roy E. Cawley, Jr.
Richard E. Oriscoll
Clifford B. Barksdale
Bruce S. Sherman
President
Vice President
Vice President
Vice President
Secretary and Treasurer
Ce
The S} of the NV~ of Section 33, Township q8 South, Range 25 East,
lying north of Vandarbllt Beach Road, less the west 30 feet thereof;
end also the S~ of the NE~ of Section 33, Township 48 South, Range
25 East, lying north of Vanderbllt Beach Road, less the east 150
feat thereof; and atso less the subject property of com~erclal PUO
being 2q.45 acres as described in the accompanying PUD document.
L
EXHIBIT
The purpose of this rezoning request Is to obtain permit approval for the
development of an additional 9,100 gross square Feet of retail shops and a
5,000 square foot con~erclal building as a part of Out Parcel #3 and the
existing Pavllion Shopping Center. This retorting request could have been
submitted during the time the Pavilion Shopping Center, Phase II, was under
construction, but was prohib~ted From formal application by the County until
such time as the Hew Comprehensive Plan was adopted. Due to the construction
delay and at the recon~ndation of County Staff, the applicant obtained an
off-site parking permit on April 18, 1983 which granted construction of the
.westerly entrance road, parking spaces, and drainage system For the 3.46 acres
under consideration for rezonlng by this petition. The area shaded in the
attached site development plan (Sheet No. 101-B) represents the area proposed
for rezonlng and currently constructed with the exception of a 9,100 square
foot building extension co the shopping center and a 5,000 square foot building
in Out Parcel #3.
The approval of this petition will simply amend the existing Pavilion Shopping
Center PUO by Including an additional 3.45 acres for a total project site size
of 2q.45 acres and permit the completion of the Shopping Center's retail shops
and the commercial building. It Is evident that the success In demand For the
Shopping Center,s service was greater than anticipated due to It being I00~
leased and the current cornmercial construction of branch banks on Out Parcels
.#I and #2. It is the applicant~s belief that approval of thls request w111
continue to provide a quality shopping center and promote a desired expansion
of Collier County's economic base among greater Job opportunities For the Countyes
citizenry.
The Pavilion Shopping Center was designed to meet the neighborhood and community
needs of the County residents and has since Its opening served t~customers
most effectively. It has and will continue to provide convenience and community
shopping facilities for a large number of nearby residents, reducing the need to
travel to more distant centers.
The unified development approval under the PUD district designation has and will
continue to ensure that the Pavilion Shopping Center is aesthetically pleasing
and functionally nfficlent. It has allowed an efficient pattern of Internal
circulation to be established, limiting points of vehicular Ingress and egress.
These funciotnal and aesthetic advantages, which cannot be provided in the
conventional strlp conraerclal development conflguration, have been maximlzed
and shall be sustained in the approval of this rezontng request.