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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. 15 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. 17 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. 18 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 ) ( 00'09~ O0 -u*t 'J -'J IF_o~ ~ Z > LU 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