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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.