Ordinance 98-110 ORDINANCE 98-//d "
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
~24ENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED GGE25 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL "'
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS ASTRON PLAZA, FOR
PROPERTY LOCATED ON THE SOUTH SIDE OF PINE '~ I._.
RIDGE ROAD (C.R. 896) AND THE NORTHSIDE OF
10TM STREET S.W., IN SECTION 17, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 8.56+ ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 90-69, AS AMENDED; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Kenneth B. Cuyler of Roetzel and Andress, P.A.,
representing Cleveland Clinic of Florida, Inc., 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 17, Township 49 South, Range 26 East, Collier County,
Florida, is changed from "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 nu~d3ered GGE25, as described in Ordinance Number 91-102,
the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 90-69, as amended, known as the Astron Plaza PUD,
adopted on September 11, 1990 by the Board of County Commissioners of
Collier County, is hereby repealed in its entirety.
CTION THREE:
This Ordinance shall become effective upon filing with the
Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this ~__~ day Of~~llJ, 1998.
ATTEST: :' '1.1' BOARD OF COUNTY COMMISSIONERS
DWIGHT ~-~ BRO~-,. ~ erk COLLIER COUNTY, FLORIDA
1
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.Igal Su'ffici~ncy. /
~iS O~8~nanCe filed wlth
~ssis~n~ County ~o~ney ~day o ~
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and ocknowledgement of
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A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE ASTRON PLAZA, A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
CLEVELAND CLINIC OF FLORIDA, INC.
PREPARED BY:
THE V-GROUP OF FLORIDA, INC.
5150 TAMIAMI TRAIL NORTH, SUITE #303
NAPLES, FLORIDA 34103
ROETZEL & ANDRESS,
A LEGAL PROFESSIONAL ASSOCIATION
850 PARK SHORE DRIVE
NAPLES, FLORIDA 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
EXHIBIT "A"
LIST OF EXHIBITS AND TABLES i
STATEMENT OP COMPLIANCE ii
SECTION I PROPERTY OWNERSHIP & DESCRHrrION 1
SECTION H PROJECT DEVELOPMENT REQUIREMENTS 3
SECTION RI COMMERCIAL AREAS PLAN 5
SECTION IV DEVELOPMENT COMMITMENTS 7
EXHIBIT A Location Map/PUT) Master Plan
STATEMENT OF COMPLIANCE
The development of this project will be in compliance with the pining goals and objectives of Collier
County as set forth in the Growth Management Plan. This compliance includes:
1. The subject property is located in an area identified as an Activity Center in the Growth
Management Plan for Collier County.
2. Activity Centers are the preferred locations for the concentration of commercial and mixed use
development activities.
3. The subject tract is located on the southwest comer of the Pine Ridge Road and Oaks Boulevard
intersection. This strategic location allows the site superior access for the placement of
corranercial activities.
4. The project shall be in compliance with all applicable County regulations including the Growth
Management Plan.
5. The project will be served by a complete range of services and utilities as approved by the
County.
6. The project is compatible with adjacent land uses through the internal arrangement of structures,
the placement of land use buffers, and the proposed development standards contained herein.
7. The Planned Unit Development includes open spaces and natural features which are preserved
from future development in order to enhance their natural functions and to serve as project
amenities.
8. All final local development orders for this project are subject to the Collier County Adequate
Public Facilities Ordinance.
SECTION l
pROPERTY OWNERSHIP AND DESCRIPTION
The puq~ose of this Section is to set forth the location and ownership of the properly, and
to describe the existing conditions of the property proposed to be developed under the
project name .of The Astron Plaza PUD.
1.2 ~'
The subject property being 8.56 acres, is described as:
Description of land surveyed being a part of Tract 10, Tract 25, and Tract 26 of Golden
Gate Estates, Unit No. 33 (P.B.6, Page '10), Collier County, Florida, Containing '7.63
acres more or less as follows:
All that part of Tract 10 of Golden Gate Estates Unit No. 33 according to the plat thereof
as recorded in Plat Book 6, Page '70, Public Records of Collier County, Florida: LESS
AND EXCEPTING therefrom the parcel described as Parcel 138 in Official Records
Book 850, Page 159'7, Public Records of Collier County, Florida; subject to easements
and restrictions of records; containing 1.59 acres more or less;
All that part of Tract 25 of Golden Gate Estates Unit No. 33 according to the plat thereof
as recorded in Plat Book 6, Page '70, Public Records of Collier County, Florida; LESS
AND EXCEPTING therefrom that parcel described as Parcel 113-R in Official Records
Book 9'70, Page '705, Public Records of Collier County, Florida; subject to easement and
restrictions of record; containing 2.94 acres more or less:
All that part of Tract 26 of Golden Gate Estates Unit No. 33 according to the plat thereof
as recorded in Plat Book 6, Page 70, Public Records of Collier County, Florida; LESS
AND EXCEPTING therefrom that parcel described as Parcel 139 in Off'lcial Records
Book 850, Page 1598, Public Records of Collier County, Florida; subject to easements
and restrictions of record; containing 3.10 acres more or less.
The north forty feet (40') of the south seventy feet (70') of Tract 10, Tract 25, Tract 26,
of Golden Gate Estates Unit 33, recorded in O.R. Book ~.224, Page 998, Collier County,
Florida.
The subject property is currently under the ownership of Cleveland Clinic of Florida,
Inc., a Florida not-for-profit corporation.
A. The project site is located in Section 17, Township 49 South, Rage 25 East.
The property is bordered to the north by Pine Ridge Road, to the East by Oaks
Boulevard, to the South by 10th Street SW and to the West by the 1-75 canal
adjacent to Interstate 75.
B. The zoning classification of the subject property prior to the date of this approved
PUD Document was PUD.
The project site is located within the South Florida Water Management District
(SFWMD) and the surface water management system will be designed in accordance with
SFWMD criteria.
Stormwater runoff from the site will be directed to a surface water management area near
the west side of the site which will retain/detain the water prior to discharge into the 1-75
canal.
The project site currently consists of. a mix of mainly pines and palmettos and other
upland species.
Soils as per the Soil Survey of Collier County, Florida, issued by the U.S. Department
of Agricultural (Soil Conservation Service, March 1954) show an approximate 50/50 mix
of Boca Fine Sand and Malibar Fine Sand.
The site is within Fl~xt Insurance Rate Map Zone X. The building finish floor
elevations and pavement elevations will be determined by routing of the 100 year and 25
year 3 day storm events.
The project is intended to comprise a hotel/motel, medical uses, commercial uses and
other retail uses.
This Ordinance shall be known and cited as the "The Astron Plaza Planned Unit
Development Ordinance.'
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PRo~EcT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to delineate and generally describe the project plan of
development. relationships to applicable County ordinances. the rupeetire land uses of
the tracts Included in the project. as well as other project relationships.
A. Regulations for development of the Astron Plaza PUD shall be in accordance
with the contents of this document, PUD-Plann~d Unit Development District and
other applicable sections and pans of the Collier County Land Development Code
and GroWlIx Management Plan in effect at the time of building permit application.
Where these regulations fail to provide developmental standards then the
provisions of the most similar district in the County Land Development Code
shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Astron Plaza PUD shall become part of the
regulations which govern the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD the provisions of other
sections of the Land Deve|opment Code where applicable remain in ful[ force and
effect with respect to the development of the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the LDC at the earliest or next to occur of either final SDP approval,
final plat approval, or building permit issuance applicable to this development.
A. The project Master Plan is iljustrated graphically by Exhibit 'A', PUD Master
Development Plan.
2.4. P I R IN'FEN I F L U E.
The Astron Plaza PUD will be developed as a commercial PUD. The density or intensity
of use will be determined based upon the development standards set forth in this
document and the applicable provisions of the Collier County Land Development Code.
2.S. L R T PL R VAL RE UI S.
A. Prior to the recording of a Record Plat. and/or Condominium Plat for all or pan
of the PUD. final plans of all required improvements shall receive approval of
the appropriate Collier County governmental agency to insure compliance with
the PUD Master Plan. the Collier County Subdivision Code and the platting laws
of the State of Florida.
B. Exhibit "A', PUD Master Plan. constitutes the required PUD Development Plan
Subsequent to or concurrent with PUD approval. a PrelLminary Subdivision Plat
if applicable shall be submitted for the entire area covered by the PUD Master
Plan. Any division of propert), and the development of the land shall be in
compliance with Division 3.2 of the Collier County Land Development Code.
and the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code.
when applicable. shall apply to the development of all platted tracts, or parcels
of land as provided in said Division.
D. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and method for providing perpetual
maintenance of corru'non facilities.
2.6. NDMENT T P DO E P MATER PLAN.
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
2.7 ~
Whenever the developer elects to create land area and/or amenities whose ownership and
maintenance responsibility is a common interest to all of the subsequent purchasers of
property within said development in which the common interest is located, that developer
entity shall provide appropriate legal instruments for the establishment of a Property
Owners' Association or a reciprocal easement agreement among all property owners for
the perpetual care and maintenance of all common facilities and open space subject
further to the provisions of the Collier. County Land Development Code, Section
2.2.20.3.8.
Any community recreation/public building/public room located within the Astron Plaza
PUD may be used for a polling place, if determined necessary by the Supervisor of
Elections, in accordance with Section 2.6.30 of the Collier County Land Development
Code.
SECTtON ITt
COMMERCIAL AREAS PLAN
3.1 PURPOSE.
The purpose of this Section is to identify the type of Commercial Uses and development
standards for the 'A~tron Plaza PUD.
3.2
No building or structure or part thereof, shall be erected, altered or used, or land used,
in whole or part, for other than the following:
A.
1. Miscellaneous retail (Groups 5912, 5941-5949)
2. Insurance ~ Reml Estate Offices (Groups 6311-6399, 6411, 6512)
3. Hotels and Mote]s (Group 7011)
4. Legal Services (Group
5. Engineering, Accounting, R~earch, Manag:ment and relaxed services
(Group 8721-8749)
6. Apparel and ar~.essory stores (Groups 5611, 5621, 5641, 5651, 5661,
5699)
1. Depository Institutions (Groups 6021-6062)
8. Child Day Car~ Services (Group 8351)
9. Group care facilities (category I and H, except for homeless shelters);
care uniLs; nursing homes; assisted living facilities pursuant to ~.~0.402,
Florida S~atutes, and. Chapter 58A-5 F.A.C; and continuing care
ntirement communiti~ pursuant to Chapter 65 I, Florida Statutes and
Chapter 4-193 F.A.C; all subject to §2.6.26 of the LDC.
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:
I0. Individual and family services (Group 8322); activity centers for the
elderly and handicapped; adult day care centers; and day care centers,
adult and handicapped only.
II. Eating places (Group 5812 only). All establishments engaged in retail
sale of alcoholic beverages for on-premises consumption are subject to
Iocational requirements of §2.6.10 of the LDC.
12. Health services (Groups 8011-8059); wellhess center.
B. A~so~Us~
1. Parking lots
2. Signs
3. Other
A. The following are the development standard~ within the PUD:
I. ~ - Thirty-nine Thousand (39,000) square feet.
2. ~ - One Hundred Fifty feet (150').
3. ' ° t
(a) Front Yard - Fifteen feet (15') from the international road right-
of-way or road easemere line.
(b) Side Yard - One-half (1/2) of building height with a ten foot
(10') minimum.
(c) Building setback from the Pine Ridge Road and Oaks Boulevard
right-of-way - Twenty-five feet (25 ').
(d) Building setback from the 1-75 Canal Easement - Twenty-five
feet (25').
(e) Building Setback from 10th Avenue SW right-of-way - Fifty feet
(50') provided, however, a building setback of one hundred
twenty-five feet (125') shall be required between the 10tit
Avenue SW property line and any structure constructed to four
or five stories in height.
4. ' e " - Fifteen feet (15') or a distance
equal to one-half (1/2) the sum of the building heights, whichever is
greater.
5. ' ' - Sixty feet (60').
6. . ~ ' ' t - One Thousand (1,000)
square feet per building on the ground floor.
B. Lighting: All lights shall be located and oriented in such a manner so as not to
produce glare onto adjacent roadways or nearby properties.
C. Prior to any site plan approvals or the sale of any fractional pan of the
project/site, the owners shall establish and record covenants and/or deed
restriction applicable to all of the properties under this PUD. These covenants
and/or deed restrictions shall set one consistent theme for architectural design and
signage so that all individual parcel developments shall have compatible
character, color schemes, roof materials, and signage design. Said regulations,
covenants, and/or deed restrictions shall be of acceptably high standards and shall
be enforced by the owner and developer.
D. All development shall comply with the architectural standards set forth in the
Collier County Land Development Code.
The excavation of earthen material and its stockpiling in preparation of water management
facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill
activities on those buildable portions of the project site are such that there is a surplus of earthen
material then its off-site disposal is also hereby permitted subject to the following conditions.
1. Excavation activities shall comply with the definition of a 'development excavation'
pursuant to Division :3.5 of the Land Development Code whereby off-site removal shall
be limited to 10% of the total up to a maximum of 20,000 cubic yards.
2. All other provisions of said Division 3.5 are applicable.
SECTION IV
DEVELOPMENT COMMITMENTS
The purpose of this Section is to set forth the development commitments for the
development of the project.
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans and all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically noted or stated otherwise, the standards
and specifications of the Land Development Code of Division 3.2 shall apply to this
project even if the land within the PUD is not to be platted. The developer, his successor
7
and assigns, shall be responsible for the commitments outlined in this document.
The developer, his successor or assignee, shall agree to follow the Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee In title
is bound by the commitments withIn this agreement.
A. Exhibit 'A' PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Subject to the provisions of Section 2.7.3.5 of the Land
Development Code amendments may be made from time to time.
B. All nece~ary easements, dedications, or other instruments shall be granted to
insure the continued operation and maIntenance of all service utilities and all
common areas in the project.
4.4.
A. The proposed start date of the project is within three (3) years of approval of the
PUD and completion date is within five (5) years of approval. This PUD shall
be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development
Code.
B. ~ An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County Land Development Code.
4.5 ~
A. Streets shall be private and located within a fifty foot (50') easement. Project
design and construction shall meet or exceed Collier County standards in effect
at the time of construction plan approval.
B. All traffic control devices used, excluding street signs, shall conform with the
Manual on Uniform Traffic Control Devices (Chapter 316.0747 Florida Statutes).
C. There shall be only one point of access to the project from Oaks Boulevard and
it shall be approximately centered on that frontage. There shall be no right turns
out onto Oaks Boulevard and no left turns onto the property off of Oaks
Boulevard.
D. The Developer shall construct a south-bound right turn lane on Oaks Boulevard
at the project entrance.
E. The developer shall provide collector level street lighting at the project.
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F. The above improvements are considered "site related" as defined in the Collier
County Road Impact Fee Ordinance and shall not be applied as credits toward
any impact fees required by that Ordinance. They shall be in place before any
certificate of occupancy are issued. Payment of impact fees shall be in
accordance with the fee schedule as set forth in the Collier County Road Impact
Fee Ordinance.
G. Work within Collier County right-of-way shall meet the requirements of Collier
County Right-of-Way Ordinance No. 93.-64.
4.6 ~
A. An excavation permit will be required for the proposed detention area in
accordance with Collier County Regulations and South Florida Water
Management District.
B. Detailed landscape and water management plans and water management
calculations shall be submitted to show that the required quantity of water can be
provided in the area jointly used as a landscape and drainage easement.
A. Design and construction of all improvements shall be subject to compliance with
appropriate provisions of the Collier County Land Development Code. Division
3.2 Subdivisions.
B. This project shall be required to meet all County Ordinances in effect at the time
final construction documents are submitted for development approval.
A. Water distribution, sewage collection and transmission water facilities to setwe
the project are to be designed, constructed, conveyed, owned and maintained in
accordance with Collier County Regulations and Ordinances.
B. All customers connecting to the water distribution and sewage collection facilities
to be constructed will be customers of the County and will be billed by the
County in accordance with the County's established rates.
C. The existing off-site water facilities of the District must be evaluated for
hydraulic capacity to setwe this project and reinforced as required, if necessary,
consistent with the County's Water Master Plan to insure that the District's water
system can hydraulically provide a sufficient quantity of water to meet the
anticipated demands of the project and the District's existing committed capacity.
D. Appropriate easements for the projects internal water and sewer system shall be
documented on the construction plans and shall be dedicated to the Collier
County Water Sewer District.
E. Construction drawings, technical specifications and all pertinent information shall
be submitted in accordance with the applicable Collier County ordinance then in
effect and shall be approved prior to the issuance of building permits.
F. Power, telephone, cable television and any additional utilities that may initially
or at some future date serve the project, shall be installed u per Collier County
Ordinances and in compliance with any ohher applicable state or county laws,
codes, and regulations.
4.9 ~
A. An appropriate portion of native vegetation shall be retained on site as required
in Section 3.9.5.5.4 of the Land Development Code.
B. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for
the site, with emphasis on areas of retained native vegetation, shall be submitted
to Current Planning Environmental Staff for review and approval prior to final
site plan/construction plan approval.
4.10 .
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure except for a construction site office and model
4.11 SIGNS.
All signs shall be in accordance with Division 2.5 of the Land Development Code.
4.12 ~.
Landscaping buffers shall be provided as follows:
A. All internal landscape buffers shall be ten feet (10') wide.
B. A twenty foot (20') wide landscape buffer easement shall be provided along Pine
Ridge Road.
C. A Type B landscape buffer shall be provided along 10th Avenue and Oaks
Boulevard. In addition, a three foot (3') high hedge at three feet (3') on-center
shall be planted on the right-of-way side of the wail and the trees shall be
fourteen feet (14') to sixteen feet (16') in height.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 98-110
Which was adopted by the Board of County Commissioners on the 24th day
of November, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 25th day of November,
1998. ,
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board'of
~Maureen Kenyon Deputy Clerk