Ordinance 2008-44
AGENDA ITEM 8-B
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~ Se-r!l ORDINANCE NO. 08-...iL-
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~') ~ AN ORDINANCE OF THE BOARD OF COUNTY
~"OI""~ COMMISSIONERS OF COLLIER COUN1Y, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
TIIE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNfY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATE
(E) ZONING DISTRICT TO A COMMERCIAL
INTERMEDIATE (C-3) ZONING DISTRICT FOR THE
PROJECT KNOWN AS HEALTHCARE MEDICAL CENTER,
LOCATED AT THE SOurHWEST CORNER OF GOLDEN
GATE BOULEVARD (C.R. 876) AND wn..SON BOULEV ARO,
IN SECTION 4, TOWNSHIP 49 soum, RANGE 27 EAST.
COLLIER COUNTY. FLORIDA, CONSISTING OF 6.25+/-
ACRES; PROVIDING FOR STAFF AND PLANNlNG
COMMISSION STIPULATIONS; AND BY PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, Michael R. Fernandez, of Planning Development, Incorporated,
representing Michael A Corder, 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, that:
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SECTION ONE: ~:: i"; ~
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The zoning classification of the real property more particularly descnoed in ~t ~
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attached hereto and incolpOrated herein by reference, and depicted on the bound#~:~
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attached hereto as Exhibit B and incorporated herein by reference, located in ~on-4
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Township 49 South, Range 27 East, Collier County, Florida, is changed from an ~~ ~
Zoning District to a Commercial Intermediate (C-3) Zoning District for a 6.25+/- ~~roj~
known as Healthcare Medical Center. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004-41. as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
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SECTION TWO:
This project shall be subject to the conditions and stipulations set forth in Exhibit C
attached hereto and incorporated by reference herein.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this q~ day of ~,^~2008.
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AT~ijSt.r,:\J ,:lir J',,:-,"
DWIGHT Ji'.gROt;K, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, LORlDA
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By:
Approved as to form
and legal sufficiency:
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Marjo M. Student-Stirling
Assistant County Attorney
08-CMP-00454/IIIMMSS 6-13-08
ThIs ordinance filed with the
~~.tOry of State's Office~e
day of SepT ~
a.n.d acknowledgemen; of that
'IIlng, N>cei\<ed l-~'t do
of ~~~ a&: br Y
DIlpuIy ~ -
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EXHIBIT A
Legal Description
Tho North ~ of Tad 124, OOWEN OATS BSTATBS, UNIT NO. 12. acndiDa to the
plat tbereo' ncardfIl in P!It Book 4, Pages 105 IIld 106, ortbe Public Records at ColDer
CouDty, FloridIL
AND
Tho South ~ at,.. 124, GOLDEN GATE BSTATBS, UNIT NO. 12, ICCOl'dia& to the
plat thereo( . ....,w ill PWBook 4, Paps 105 aad 106, or tho Public ICIcordI of
Collier Couai)". PIodda.
AND
The Nardl15O' ofT_ 126. GOWEN OATB BSTATSS. UNIT 12. acoorcIiDa to the
plat thenxJf;. hCXI.'dcd ba PIll Book 4, PIps 105 and 106, ofb PubHc Recorda of
Collier Couaty, FbIdL
subject 10 WfV,.....ts.l8IdrictioDI. reservadoaI COIDIDOD to the subdivilialllDd 1BXtJI for
tbe cummt,. IIIMlIUbroqueot JtlIU3.
Above Lop) ~~ iI fBbq from ~ warranty Deeds for the property u
1bl1ows:
Wemd!J Deed: Oil Book 3641, PIp 0412
Folio NoI.: 37169480000 and 37169440008
WIII1IdyDeed: ORBookJ819,Pap2285
FoUoNo.: 37169560108
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EXHIBIT C
STIPULA TIONS
1. Planning
A. Permitted uses - The following uses shall be the principal C-3 uses permitted for
Healthcare Medical Center:
1. Accounting (Group 8721).
2. Advertising agencies (Group 7311).
3. Architectural services (Group 8712).
4. Auditing (Group 8721).
5. Bookkeeping services (Group 8721).
6. Business consulting services (Group 8748).
7. Debt counseling (Group 7299), no other miscellaneous services.
8. Drug stores (Group 5912)
9. Engineering services (Group 8711).
10. Essential services, subject to Section 2.01.03.ofthe Land Development Code.
11. Health services, offices and clinics (Groups 8011-8049).
12. Home health care services (Group 8082).
13. Insurance agents, brokers and service (group 6411).
14. Landscape architects, consulting and planning (Group 0781).
15. Legal services (Group 8111).
16. Loan brokers (Group 6163).
17. Management services (Group 8742).
18. Optical goods stores (Group 5995).
19. Orthopedic and artificial limb stores only (Group 5999), no other
miscellaneous retail stores, not classified elsewhere.
20. Public relations services (Group 8743).
21. Real estate (Groups 6531-6552).
22. Tax return preparation services (Group 7291).
23. Title insurance (Group 6361).
24. Veterinary offices, excluding outside kenneling.
25. Wellness center, including one or more ofthe following uses: physical
therapy and rehabilitation, diet and nutritional services, and medically-related
physical fitness, excluding health clubs and gymnasiums.
26. Any other medical office, clinic, medical related or professional use which is
comparable with the above C-3 list of permitted uses as determined by the
Board of Zoning Appeals.
B. Prohibited uses - The following uses shall be the principal prohibited uses for
Healthcare Medical Center:
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1. Drinking places (Group 5813) and liquor stores (Group 5921).
2. Mail order houses (Group 5961).
3. Merchandizing machine operators (Group 5962).
4. Power laundries (Group 7211).
5. Crematories (Group 7261) (Does not include non-crematory funeral parlors).
6. Radio, TV representatives (Group 7313) and direct mail advertising services
(Group 7331).
7. NEC recreational shooting ranges, waterslides, etc. (Group 7999).
8. General hospitals (Group 8062), psychiatric hospitals (Group 8063), and
specialty hospitals (Group 8069).
9. Elementary and secondary schools (Group 8211), colleges (Group 8221),
junior colleges (Group 8222).
10. Libraries (Group 8231).
11. Correctional institutions (Group 9223).
12. Waste management (Group 9511).
13. Homeless shelters and soup kitchens.
14. Drive- through establishments.
15. Surveying services (Group 8713).
C. Medical Offices and Clinics Use Limitations
1. No less than sixty percent (60%) of the gross square footage ofthe project
shall be designated for medical offices and clinics.
2. No building footprint shall exceed 5,000 square feet.
D. Parking
1. The entire project shall be subject to the parking requirements set forth in the
Land Development Code for medical office and medical clinic uses so as to
allow 100 per cent medical office use.
2. Lighting for the parking lot shall be restricted to bollard type lighting fixtures
except as may be required by the lighting standards set forth in the Land
Development Code and other governing regulations.
3. The developer shall make arrangements with the owners ofthe adjoining
commercial uses in the subject Neighborhood Center to provide for shared
parking.
E. Landscaping and Buffering
1. The developer shall provide a 25 foot wide landscape buffer abutting the
external rights-of-way. The buffer shall contain: (a) two staggered rows of
trees that shall be spaced no more than 30 feet on center; and (b) a double row
hedge at least 24 inches in height at the time of planting and attaining a
minimum of 3 feet in height within one year. A minimum of 50 per cent of
the 25 foot wide buffer area shall be comprised of a meandering bed of shrubs
and ground covers other than grass. Existing native trees shall be retained
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within this buffer area, where possible, to assist in achieving this buffer
requirement. Water retention/detention areas shall be allowed in this buffer
area if left in its natural state. Drainage conveyance shall be allowed if
necessary to reach the external outfall.
2. The developer shall provide a minimum 75 foot wide buffer along the
boundary of the property abutting residential uses (property zoned Estates
with no approved conditional use). No parking areas shall be allowed within
this buffer area. Twenty-five feet of the width of this buffer area shall consist
of landscape materials. A minimum of 50 feet of the buffer width shall consist
of retained native vegetation and shall be consistent with Subsection
3.05.07.H. of the Land Development Code. The native vegetation retention
area may consist of a perimeter berm and may be used for water management
detention purposes. Any newly constructed berm shall be re-vegetated to
meet the requirements of Subsection 3.05.07 H. of the Land Development
Code.
3. The following criteria shall be met ifthe native vegetation retention area is to
be used for water management purposes:
a. There shall be no adverse impacts to the native vegetation to be
retained. The additional storm water directed to this area shall not
increase the annual hydro-period unless it is proven that the
diversion ofthe storm water to this area would have no adverse
impact on the existing vegetation.
b. Ifthe project requires permitting by the South Florida Water
Management District, the developer shall provide a letter or other
official document from the District indicating that the native
vegetation within the retention area will not have to be removed to
comply with water management requirements. If the District cannot
or will not supply such a letter, then the native vegetation retention
area shall not be used for water management purposes.
c. Ifthe project is reviewed by the County, the County engineer shall
provide evidence that no removal of native vegetation is necessary
to facilitate the necessary storage of water in the water management
area.
F. Lighting
1. All lighting fixtures shall be architecturally designed and shall be limited to a
height of 25 feet. Such lighting fixtures shall be shielded to avoid glare
impacts to neighboring residential uses.
G. Fences and Walls
1. Fences or walls may be constructed on the commercial side of the required
landscape buffer between the adjacent commercial and residential uses. If
constructed, such fences or walls shall not exceed 5 feet in height. Walls shall
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be constructed of brick or stone. Fences shall be of wood or concrete post or
rail types and shall be of open design, meaning that the fence shall not be
covered by slats, boards or wire.
H. Pedestrian Circulation
1. The project shall be designed in such a way so as to encourage pedestrian use
through the placement of sidewalks. Pedestrian walkways and marked
crosswalks within the parking areas. The subject project shall be connected
with adjacent development to the east by sidewalks in order to create a
continuous pathway throughout the Neighborhood Center.
I. Architectural Theme
1. All buildings shall have tile roofs, Old Florida Style metal roofs or decorative
parapet walls above the roofline.
2. The buildings shall be finished in light, subdued colors, except for decorative
trim.
3. The project shall be designed to utilize the architectural theme of the adjacent
development site, for both building design and signage, to assure a common
architectural theme in the subject quadrant of this Neighborhood Center.
4. Building height shall be limited to one (1) story with a maximum height of
thirty-five (35) feet.
J. Transportation
1. The project shall utilize a shared access from Golden Gate Boulevard with the
comer parcel located to the east of the subject property. The developer of the
project shall additionally provide for an east-west interconnection between the
two parcels. Locations shall be coordinated during the site development plan
process.
2. As mitigation oftransportation impacts as required for compliance with
Transportation Element Policy 5.1 of the Growth Management Plan (GMP),
the developer shall provide the following three forms of mitigation:
a. The developer shall pay his fair share contribution, up to a maximum of
$30,000, towards the intersection improvements at Golden Gate Boulevard
and Wilson Boulevard. This amount shall be quantified at the time of site
development plan application and must be provided prior to site
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development plan approval.
b. The developer shall purchase 10 annual bus passes for use of the Collier
Area Transit (CAT) public bus line for a period of five years. The bus
passes shall be purchased up front prior to issuance of the first certificate
of occupancy for the project.
c. The development shall be phased and limited to a maximum intensity of
60,000 square feet. The initial phase(s) of development shall not exceed
40,000 square feet. The balance of20,000 square feet shall not be eligible
to receive a certificate of occupancy until the completion ofthe widening
of the Golden Gate Boulevard roadway segment east of Wilson
Boulevard. The developer has acknowledged that the widening of this
segment to four or six lanes is not presently funded or scheduled.
K. Consistency with the Growth Management Plan and Land Development Code:
1. Development of the Healthcare Medical Center project shall be in accordance
with the applicable sections and parts of the Land Development Code and
Growth Management Plan in effect at the time of application for any
development order to which such regulations relate, such as, but not limited to
final site development plan, final subdivision plat and preliminary work
authorization. Should there be a conflict between the development standards
contained within this Ordinance and a provision of the Growth Management
Plan, as may be amended, the Growth Management Plan provision shall apply.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
II DWIGHT E. BROCKI Clerk of Courts in and for the
Twentieth Judicial Circuitl Collier County I Floridal do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-44
Which was adopted by the Board of County Commissioners
on the 9th day of September I 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier CountYI Floridal this 15th
day of September I 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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Teresa
Deputy