Ordinance 82-024ORDINANCE 82- 24
AN ORDINANCE AMENDING ORDINANCE 82-2, THE
COMPREu~'~'~'~ ZONI,,~ REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY BY
AMENDING THE ZONING ATLAS MAP NUMBER 48-
25-8 BY CHANGING THE ZONING CLASSIFICATION
OF THE HEREIN DESCRIBED PROPERTY FROM "C-4"
& "RMF-6" COMMERCIAL AND MULTIFAMILY TO
"PUD" PLANNED UNIT DEVELOPMENT FOR THE PROP-
ERTY KNOWN AS THE PAVILION SHOPS: PART OF
SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST:
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier Development Corporation petitioned
the Board of County Commissioners to change the Zoning
Classification of the herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The Zoning Classification of the herein described real
property located in Section 33, Township 48 South, Range 25
East, Collier County, Elor~da is changea from C-4 & RMF-6
to PUD - Planned Unit Development ~n accordance with the
PUD Document attached hereto as Exhibit "A" which is incor-
porated herein and by reference made a part hereof. The
Official Zoning Atlas Map Numbcr 48-25-8, as described in
Ordinance 82-2, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall be~om- -ffective upon receipt of
notice Vh~t it has been filed with the Secretary of State.
DATE: April 20, 1982
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
I, WILLI~q J REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foreooina is a true original of:
ORDINANCE NO. 82-24
which was adopted by the Board of County Commissioners during
Regular Session April 20, 1982.
WITNESS my hand and ~he official sea] of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of April, 1982.
~ILLTAM ,T. REAGAN,
Cl'~.rk of Courts and Clerk
Ex-offic~o to qoar~ of
County Commissioners
\%' ~ ' ~ ~t,'_.~
V _
This ordinance filed with the Secretary of State's g.9~' :' '
Offico tho 2~th day of A,~ril, lqq2 and acknowled~emont ~"%'
of that filinq rocoiw,(] this lr(t day r~f '~a~', lq~2.
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
TIlE PAVILION SHOPS
Prepared by:
Land Design Research, Inc.
Columbii., Maryland
and
St. Petersburg, Florida
Date Issued:
Date Approved by CAPC:
Date Approved by BBC:
December 9, 1981
March 18, 1982
Aoril 20, lOq2
015 ,,~ 03
TABLE OF CONTENTS
SECTION I:
SEdTION II:
SECTION III:
'SECTION IV:
LEGAL DESCRIPTION
COMMERCIAL DEVELOPMENT REGULATIONS
DEVELOPMENT COMMITMENT
EXHIBITS
SECTION is LEGAL DESCRIPTION
LEGAL DESCRIPTION OF THE PUD PARCEL
The Easterly 1240' lying West of US 41, of the
South % of the North ½ of Section 33, T4'8S, R25E,
less the North 480' thereof, lying North of SR 862
(Vanderbilt Beach Road).
~oo~ 01~ ~ 05
SECTION II:
COMMERCIAL DEVELOPHENT REGUI,ATIONS
PURPOSE
2,2°
The purpose of this section is to set forth the regulations
for the development of the proposed 20.99 acre Planned Unit
Development.
PERMITTED USES AND STRUCTURES, SUBJECT TO SITE PLAN REVIEW
No building or struct~re, or part thereof, shall be
erected, alt¢.red or used, or land or water used, in whole
or in part, for other than the following:
2.2.a. Permitted ~.~inc~}~al Uses and Structures:
J
10.
11.
12.
'13.
1. Antique shops
2. Appliance stores '
3. Art studios
4. Art suf>p] ies ·
5. AutoL.obii{: p~'ts stores
6. Automobile :;crvice stations
7. Bakery
8. Banks (branch or main office) and financial
institutions
Barber and I]oavty shops
B]:leprint shops
Bicycle :~ales and services
}look stores
Carpet and floor covering sales (including storage
and installat ion}
14. Child care centers
15. Churches and other places of worship
16. Clothing stores ..
17. Cocktail lounges
18. Commercial recreation (indoor) '
19. Confectionary and candy stores
20. Delicatessens "
21. Department stores
22. Drug stores '
23. Dry cleaning shops .' .
24. Dry goods stores
25. Drapery shops
26. Electrical supply stores
27. Fish stores
28. Florist shops
29. Food markets
30. Furniture stores
31. Furrier shops
'2' ·
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.·
72.
73.
74.
75.
Garden supply stores
Gift Shops
Gourmet shops
Hardware stores
}lealth food stores
Hobby supply stores
Ice cream stores
Interior decorating
Jewelry stores
Laundries
Leather goods and
Liquor stores
Locksmiths
~.~ea t market
~:edica] office
~lot ~ on picture
f~illinery shops
~lusic stores
Office
showrooms
luggage stores
or clinic for human
th,,ater
care
Office (retail or professional)
Office supply stores
Paint and wallpaper stores
Pet shop:;
Pet sup~ly stores
Photogral~hic equipment stores
P o ~'; t Office
Publish~ng nnd mimeograph service shops
Private clu~s
Radio and television service and sales
drive-ins and
Small appliance stores
Shoe sa]cs and repairs
Restaurants (including
food stores)
Shopping centers
Souvenir stores
Stationary stores
Supermarkets
Tailor shops
Tobacco
Toy shops
Tropical fish stores
Variety stores
Veterinary offices and
kenneling)
fast
clinics (no outside
Watch an(] precision instruments sales and repair
Any other commercial use or professional
service which is comparable in nature with
the foregoing uses and which the Zoning
Director detcrmine:~ to be compatible in the
district
-3-
2,4,
2.5,
2.2.b. Permitted Accessory Uses and Structures
Accessory uses and structures customarily
associated with the uses permitted in this district.
MI N IbfUM YARD REQU IREblENTS
2.3.a. Front yard
Minimum twenty-five (2S) feet for buildings and
fifteen {1S) feet from the right-of-way line of
any puhlic street in which no parking shall be
allowed.
2.3.b. Side yard
None, or a minimum of five (5) feet with
unobstructed passage from front to rear yard.
2.3.c. Rear yard
Twe~:ty-five (2S) feet.
IqAX IlqLltq llliI GIIT
Fifty (SO) feet.
bllNlbllJbl OFF-STRI!I:.T PARKING AND OFF-STREET LOADING
REQU I RI!blIiNTS
As required by the zoning ~rdinance in effect at the time
of application for building permits.*
The developer intends to take advantage of the provisions
of the Zoning Ordinance which allows tile substitution of
landscaping for pavement if tile 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 find additional spaces are needed.
-4-
2,6,
2,7o
USEABLE OPEN SPACE
Thirty percent or the site acreage to be developed
in Phase One (as iljustrated on the blaater Plan) is
devoted to useable open space.* At least 30% of the
gross area of the total site will be devoted to
useable open space when fully developed.
Not used
SIGNS
2.8.1
2.8.2
Individual Business Si~n~22
Wall, marquee, or hanging signs below the canop},
of the shopping center, with an area not more titan
twenty (20%) per cent of the total square footage
of the front wall or facade area under the canopy,
with a maximum of 250 square feet per rental unit.
0utparcel S i Cr~_~
Two wall or marquee si.~tns per outparcel with an
area not to exceed 20% o£ the tot;,1 square foot-
age of the wall to ~hich it shall be affixed,
with a maximum of 250 s~uare feet per sign, or
one wall/marqt~ee sign and one free-standing on
remise sip. n per outparcel not to exceed one
undred (100) square feet maximum, blaximum
height, twenty-five (25) feet for free-standing
signs.
2.8.3
One project idcntificalion sign not to exceed
two hundred and fifty (250) square feet at the
intersection o£ U.S. ,11 and Vanderbilt [leach
Road, plus one projec! identification sign at
each major entrance to the shopping center not
to exceed one ht, ndrcd and fifty (150) square
feet per entrz, nce. blaximum height, twenty-
five (25) feet.
These open space areas include perimeter landscape buffers,
planting islands in parking lots and other vehicular use
areas, and the landscaped areas on the perimeter of thc
building. The "Expansion" and "Future Opportunity" areas
shown on th~ blaster Plan are not included in this
calcul'ntior~ of open space area.
2.9.
2.8.4 Additional Design Requirements
Additional guidelines which are more stringent
than those contained in the Zoning Ordinance in
effect at thc time of application for a building
permit may be c~ablished by the developer to
ensure maximum consistency and continuity in the
design and location of signs.
MINIMUM I.ANDSCAPING
As required b>' the Zoning Ordinance in effect at the
time of application for building permits.*
The landscaping shown in the Master Plan is substantially
greater than required b>' the existing Zonin£ Ordinance. It
is the developer's inlention to ?rovide this additional
landscaping to create an outstanding shopping environment.
-6-
SECTION III: DEVEI,OPMENT CObi~,IITMENTS
3.1. WATER SUPPI,Y
Potable water will be supplied by the County water service
system through an existing 12" main running north/south
on the west side of U.S. 41. All construction plans and
technical specifications for thc proposed water service
system shall bc reviewed and approved by thc Utility
Division prior to commencement of construction. All
customers connecting to the water distribution facility
will be customers of thc County Water-Sewer District and
will be billed in accordance with thc approved County
Rate Structure.
3.2. SANITARY SI!i~'AGE I) ISPOSAI.
3.2.a.
All on-site and off-site Utility Facilities con-
3truction by the l}eveloper in connection with
the development shall be constructed to County
Standards ;,t no cost to the Cot,nty and shall be
deeded to the Count>' I';ater-Se,ver District, in
accordance with ;~pp]ic;~b]e County Ordinances
and Rcf, uI:~t ions.
3.2.b.
A1 1 customers connect ins; to the sanitary sewer
facilities will be customers of the Count>' Water=
Sewer District and will be billed in accordance
with the approved Count>' Rate Structure.
3.2.c.
All construction plans and technical specifications
for the proposed lltility Facilities must be re-
viewed and approved b)' the Utility Division prior
to commencement of construct ion.
3.2.d.
3.2.e.
At the present time, capacity within the Sewer
Area "A" wastcwater treatment facility is not
available to handle the proposed flows from this
project. Thc use of on-site wastewater treat-
ment facilities will bc required.
Any on-site wastewater treatment facility con=
structcd as part of the proposed project must
be regarded as interim; deeded to thc County
Water-Sewer District and be operated by the
County Utility Division or leased back to the
Developer for operation and maintenance under
a separate agreement with the County lqater-
Sewer District.
-.7-
3.2.f.
A written Agreement with the County Water-Sewer
District shall be made by the Developer of the
'project stating that:
1) Any on-site wastewater treatment facilities
and related appurtenances constructed as part
of the project will be removed by the owners
or their assigns at no cost to the County
Water-Sewer District when the proposed
Development is connected to the County's
Central Sewer System.
2) Connection to the County's Central Sewer
Facilities will be made by the Owners or
their assigns at no cost to the County or the
County Water-Sewer District within 90 days
after such facilities become available.
3)
All constructions plans and technical.
specifications related to connections to the
County's Central Sewer Facilities will be
submitted for review and approval prior to
commencement of construction.
3.2.g. Provide data on percolation rates for the pro-
posed sewage disposal ponds to evaluate the
capacity of the site to handle the proposed waste-
water flow.
gub ¢ to nd t S pula
3.2.h ~p,'~? ~9, lO~. ?~c~ ~gho~ ~ions pot momo of
TRAFFIC INPROVEMliNTS
3.3.a. Vchi ct, 1 ,~r
The major entrance to thc proposed development from
U.S. 41 will be located to align with the existing
median cross-over. A second major entrance will
be provided on Vanderbilt Beach Road and located
a minimum of 500' west of U.S. 41. A secondary
(temporary) entrance to the PUD site will be
located approximately 1,000' west of U.S. 41 on
Vanderbilt Beach Road. (To be removed when expansion
occtlrs. )
Subject to FDOT approval, a northbound left-turn
lane and a southbound right-turn lane shall be
provided on U.S. 41. Subject to FDOT approval
and when deemed by the County Engineer, the
developer or his assigns shall provide a fair
ghare contribution toward the capital cost of
a'traffic signal at the U.S. ~1 entrance.
3.4.
3,6,
The developer shall provide left and right turn
lanes on Vanderbilt Beach Road at the easterly
entrance. ,
A fair share contribution shall be provided toward
the capital cost of any traffic signals at the
entrances on Vnnderbilt Beach Road when deemed
warranted by the County Engineer.
All traffic signals shall be owned, operated
and maintained by Collier County.
A seven~een and one-half (17.5) feet easement
to the benefit of the County for future road-
way improvements if required shall be provided
along the south property line on Vanderbilt
Beach Road.
3.3.b. ?edestrtan and Bic¥c]e
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 Vanderhilt Beach Road to the commercial PUD.
Pedestrian and bicycle access along U.S. 41 does
not appear to be appropriate given the character
of the roadway and the volume of traffic it carries.
blAINTENANCE OF COMblON OPEN SPACE
The developer will provide for and/or establish an organi-
zation 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 purpose of Building Code
Standards as found in the Southern Standard Building
Code, this PUD is hereby designated as a Commercial
Fire District.
DEVELOPblENT PLAN
3.6.a.
.'Phasing
~he proposed commercial PUD will be developed in
two phases. The character of the first development
~hase is iljustrated on the attached plan (Exhibit 4.1).
~he specific uses in and layout of the expansion area
to be developed in Pha~e Two have not yet been determined.
3.6.b.
Layout and Design Criteria
The design criteria and layout,iljustrated in Exhibit
4.1 and the architectural elevations and cross-sections
which accompany this s~bmission shall be interpreted as
preliminary and understood to be flexible so that
the final design may best satisfy the project and
comply with all applicable requirements.
3.6.c. ~asementg~ Dedication, and Other Instruments
All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance, of all service utilities.
3.6.d. Minor Design Changes
Minor design changes, such as but not limited to.
location and design of buildings, distribution
of parking, etc., shall b: permitted subject to
site plan approval.
3.6.e. Final Site Plan Review
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 PUD site will be preserved in its natural
state (except for minor adjustments in'coordination with
the County environmental office) and clearly marked prior
to any clearing or construction.
-lq-
015., r, t 14
SECTION IV: EXHIBITS
4.1. PURPOSE AND INTENT
The Haster Plan (Exhibit 4.1) is a visual representation of
the proposed Pavilion Shops commercial PUD. This plan is
not intended to represent the final development plan,
Collier Development Corporation reserves t'he right to
modify the plan as it deems appropriate and subject to
the normal review and approval processes of Collier
County.
-il-
MEMORANDUM
DATE: April 19~. 19.82
TO:....Torry Virta, Community Development
APR 1
FROM: I, L....Bq~on,' U~ilities Manager
Re: Petition R-81-29C, The Pavilign.Shops,
Amended Utility Conditions
When Peti'tion R-81-29C was reviewed by the Utility Division
the project was recommended for approval subject to stipulations
which appear in our memorandum of January 5, 1982 (a copy is
attached).
The Developer, Collier Development Corporation, now estimates
that the project will be ready for occupancy on or about
October, 1983. The Utility Division also estimates that the
expansion of the North Naples Sewage Treatment Plant will be com-
pleted in the same time period. Th~ Developer ha~ asked for special
consideration with regard to the original stipulations by the
Utility Division, due to the coincidence of the completion of their
project and the Sewage Treatment Plant expansion. It should be
noted that the Developer's estimate for completion of their project
and the Utility Division's estimate for completion of the Plant
expansion, are by no means firm or certian at this time.
In recognition of this unique and singular situation, the
Utility Division recommends that the orginal stipulations attached
to the Utility Division's recommendation for approval of this
project, be amended by the following additional stipulations:
A) If at the time that The Pavilion Shops are ready
for a certificate of occupancy and the County's North
Naples Plant expansion is either not underway or
comp]etlon is estimated to be greater than six (6)
month~, then the original stipulations as set forth
should govern in their entirety.
B) If at the time that a certificate of occupancy
is requested and completion of the Plant expansion
as estimated by the Utilities Manager, is to be
within four (4) month~ of .th(. time of this request,
then the Developer may provide an interim, on-site
sewage treatment facility, without being required
to dedicate the land and equipment. In such an
event, two (2) additional months may be granted
by the Board of County Commissioners to permit the
Developer to connect to the District's expanded
system and to remove the onsite equipment at no
cost to the District or the County.
Terry Virta
April 19, 1982
Page 2
Please have this matter presented to 'the Board
Commissioners during the meeting of April 20, 1982, when this
Plant and pro3ect will be considered by the Board.
Thank you for your assistance and cooperation.
ILB/seh
Attachment
cc: Board of County Commissioners
~oo~ 0i5 ~ 17
Jnnuary 5, 1982
TO: Lee ~:!rckkoff, Pl~nnin5 Deer. FROM: I.L. Berzo~ Utilities Manaser
¢
Rez Petition R-81-29C - The Pavilion Sltops
We have reviewed the referenced Petition and have no
objection to the rezone as requested. However, we require the
following stipulations as a condition to our recommendation
for approval:
1) All on-site and off-site Utility Facilities
construction by the Developer in connection with
[~e ~evelopment shall be constructed to County
Standards at no cost to the County and shall be
deeded to the County Water-Sewer District, in accord-
ance with applicable County Ordinances and Regulations.
2) All customers connecting to the sanitary sewer and
water distribution facilities will be customers of
the County Water-Sewer District and will be billed
in accordance with the approved County Rate Structure.
3) All const~:ctlon F!~ns and technical specifications
fpr the proposed Utility Facilities must be reviewed
and apprcvcd by the Utility Division prior to cormv, ence-
ment of construction,
4) At the present time capacity within the Sewer Area "A"
wa~tewater treatment facility is not available to handle
the proposed flows from this project. The use of on-site
wastewater treatment facilities will be required.
5) Any on-site wastewatcr treatment facility constructed
as part of the proposed project must be regarded as
interim; deeded to the County Water-Sewer District and
be operated by the County Utility Division or leased
back to the Developer for operation and maintenance
under a separate agreement with the County Water-
Sewer District.
6) We require a written Agreement w~th the Developer of
the project stating that:
a) Any on-site wastcwater treatment facilities and
related appurtenances constructed as part of the
project will be removed by the owners or their
assigns at no cost to the County Water-Sewer
District when the proposed Development is connected
to the County's Central Sewer System.
, 1
Lee Ktrchhoff
January 5,.1982 .
Page 2
b) Connection to the County's C%ntral Sewer
..... Facilities will.be made by the Owners or
.:-- .;. their assigns at no. cost to. the County or
~.'.r- :-- -the County ~:ater-Sewer District within 90
Provide data on perco_lation rates for the pro-
days after such facilities become available,
C) A~'co~strU~tions plan~ nnd technical spec-
ifications rela~ed to conne-c~ions to the County's
Central Sewer Facilitic~ will,-Se submitted for
review and approval pri6r to commencement of
construction,
posed sewage disposal ponds to evaluate the cap-
acity of the site to handle the proposed wastewater
~L~/JFM/sp
t