Agenda 06/12/2018 Item # 9A06/12/2018
EXECUTIVE SUMMARY
Recommendation to remove the affordable housing payment requirement of the Cambridge Square
Commercial Planned Unit Development, located in the northeast quadrant of the intersection of
Livingston Road and Pine Ridge Road. [PL20170004306]
OBJECTIVE: To have the Board of County Commissioners remove the affordable housing commitment
of the Cambridge Square Commercial Planned Unit Development (Ordinance 06-01).
CONSIDERATIONS: The petitioner filed an application to remove the Affordable Housing
Commitment, Section 10.6, of the CPUD document, Ordinance No. 06-01, pursuant to Section
10.02.13.E.3.c of the Collier County Land Development Code (LDC).
During the years of 2005-2008 an Affordable Housing contribution of $1,000 per residential un it and/or
$0.50 per commercial square foot were commonly included as PUD conditions. In some instances, the
commitment was memorialized in the form of a Developer or Settlement Agreement. At the time these
commitments were made there was a stated lack of affordable housing within Collier County and such
contributions, or commitments, were intended to mitigate the issue. Said funds were to be restricted and
could only be used for specified affordable housing purposes (Resolution 2007-203).
With the economic downturn in 2009 the affordable housing issue became less significant because of
market price reductions so developers sought to modify or eliminate their Affordable Housing
Contribution requirements. Formal action was initiated by the Board on November 8, 2011, in response to
Agenda Item 6A which was a petition brought forth by Mr. Rich Yovanovich, representing the owners of
Sandalwood PUD, to remove the requirements for the payment of an Affordable Housing Contribution.
The Board subsequently suspended the collection of Affordable Housing Contributions pending an LDC
Amendment to remove Affordable Housing Commitments on December 13, 2011; Agenda Item 16A
moved to 10M. A change to the LDC was approved on September 25, 2012, which created a process to
make minor text changes to PUDs, Development Agreements and Settlement Agreements to remove such
affordable housing contribution commitments; See LDC section 10.02.13.E.3.c. There are no true staff
review criteria for this type of petition; it’s a matter of advertising and if a letter of objection is received,
such a letter triggers the requirement for a public hearing in lieu of administrative approval. It should be
noted that this administrative process to eliminate the affordable housing contribution has bee n approved
administratively nine times prior to the Cambridge Square petition.
A letter of objection was received via e-mail from Brian & Alison (Huber) Bickett at 6841 Livingston
Woods Lane - Naples, Florida 34109. The respondent states that they object to removal of the affordable
housing contribution commitment as there is no other mitigation for said payment that would benefit the
public welfare. They ask that the developer remain responsible for the commitment required in the
original Ordinance with a minimum of a contribution that is beneficial to the public.
The LDC requires that with a letter of objection filed, this matter must be referred to the Board of County
Commissioners for a public hearing.
FISCAL IMPACT: If enforced, the sum of $57,500 would be due if the project is built to its maximum
commercial intensity.
GROWTH MANAGEMENT IMPACT: The Housing Element of the Growth Management Plan
(GMP), while encouraging the development of affordable housing, does not require affordable housing
from individual projects. Based upon the adopted GMP, there is no growth management impact
associated with the requested action.
9.A
Packet Pg. 44
06/12/2018
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC did
not hear this item as it is not required.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, and is approved
as to form and legality. This is the first time this type of request has gone to the Board.
LDC Sec. 10.02.13.E.3.c provides as follows:
3. Minor changes. The following are consider ed minor changes, and may be approved by the
County Manager or designee under the procedures established in the Administrative Code.
c. Affordable housing commitments. Beginning October 3, 2012, the County Manager or
designee shall be authorized to make mi nor text changes to remove affordable housing
commitments to pay an affordable housing contribution in PUDs, Development
Agreements, and Settlement Agreements if the following conditions are met:
i. The applicant notices property owners in writing in acc ordance with LDC section
10.03.06.T
ii. If no written objection is received, the request to remove commitments is deemed
approved.
iii. If a property owner who receives notice submits a written objection within 30 days of
mailing of the notice, the matter shall be scheduled for public hearing before the Board
of County Commissioners. Public notice shall comply with LDC sections 10.03.05 and
10.03.06
The Administrative Code provisions appear to simply track the LDC Notice Requirements.
It is my understanding that this is the first time that Staff has received an objection to this type of request
that has required a Board hearing. Staff has been processing similar requests from Developers where
there is no objection with an approval letter. A sample of this is included as back-up to this agenda item.
As there are no criteria for the Board to weigh in its decision, this is a legislative decision by the Board.
However, since it is removing a PUD commitment, an affirmative vote of 4 is required to remove the
commitment. -JAK
RECOMMENDATION: That the Board approves Petition Number: PMC-PL20170004306 to remove
the Affordable Housing Commitment of the Cambridge Square Commercial Planned Unit Development
presently contained within the CPUD document, Ordinance 06-01 and authorize staff to issue an approval
letter.
Prepared by: John Kelly, Senior Planner, Zoning Division
ATTACHMENT(S)
1. Attachment 1 - Letter of Objection (PDF)
2. Attachment 2 - Location-Zoning Map (PDF)
3. Attachment 3 - Application (PDF)
4. Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (PDF)
5. Attachment 5 - BCC Resolution 2007-203 (PDF)
6. Attachment 6 - Sample Staff Approval Letter (PDF)
7. Attachment 7 -Draft Approval Letter PMC-PL20170004306 (PDF)
8. Legal Ad - Agenda ID #5670 (PDF)
9.A
Packet Pg. 45
06/12/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doc ID: 5670
Item Summary: Recommendation to remove the affordable housing payment requirement of the
Cambridge Square Commercial Planned Unit Development, located in the northeast quadrant of the
intersection of Livingston Road and Pine Ridge Road. [PL20170004306]
Meeting Date: 06/12/2018
Prepared by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
05/11/2018 2:33 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
05/11/2018 2:33 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/11/2018 3:59 PM
County Attorney's Office Judy Puig Level 2 Attorney Review Skipped 05/11/2018 4:02 PM
County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 05/22/2018 11:10 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/23/2018 5:52 PM
Growth Management Department James French Deputy Department Head Review Completed 05/24/2018 3:24 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/25/2018 8:32 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/29/2018 10:59 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/30/2018 3:01 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/03/2018 5:35 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/12/2018 9:00 AM
9.A
Packet Pg. 46
KellyJohn
From:
Sent:
To:
Cc:
Subject:
Attachments:
Alison Bickett <runningali@yahoo-com>
Friday, December 29, 2017 10:35 PM
KellyJohn
StrainMark; Alison & Brian
Cambridge Square CPUD - Ordinance ,106-01
Phoenix Associates - Cambridge Square Commitment docx
Follow up
Flagged
Mr. Kelly,
We have attempted to contact you this week but understand you were out of the office for the holidays. We have attached
a letter in response to the affordable housing commitment in Ordinance #06-01, the Cambridge Square Commercial
Planned Unit Development. lf you would please confirm receipt of this lettef, we would appreciate it.
Thank you,
Mr. & Mrs. Bickett
1
Follow Up Flag:
Flag Status:
9.A.1
Packet Pg. 47 Attachment: Attachment 1 - Letter of Objection (5670 : Cambridge PUD Minor Change)
December 27 ,2017
Mr. John Kelly
Collier County Growth Management Department
2800 N. Horseshoe Dr.
Naples, FL 341M
Re: Affordable Housing commitment in ordinance #06-01, the cambridge square commercial
Planned Unit Development
Dear Mr. Kelly,
We have received the document regarding the affordable housing commitment for Cambridge
Square Commercial Planned Unit Development at the Meridian Place Shopping Center, NE
corner of Livingston Rd. and Pine Ridge Rd. We object to the request to remove the
contribution of affordable housing commitments. There appears to be no other mitigation for
this payment that would benefit the public welfare.
We have already identified several deficiencies from this development that have not been
addressed to date. Most significantly, the water management has posed a major concern for
the Livingston woods Lane conidor, contributing a heavy amount of surface water into the
already overloaded system. This is not consistent with the approved County plans nor the
south Florida water Management District plans for the development. several attempts to
bandage the problem have been made along the Livingston Woods Lane right-of-way
Washouts from the extensive amount of water inundating the Livingston Woods Ln. corridor
removed sod for an extended period of time and left additional sediment build-up within the
swale. Reviewing the Ordinance and plans for this property, it appears there are several items
that are still deficient post conslruction.
We ask that the developer remain responsible for the commitments required in the original
Ordinance with a minimum of a contribution that is beneficial to the public.
Sincerely,
Brian & Alison (HubeQ Bickett
684'l Livingston Woods Ln.
Naples, FL 34109
Cc: Mark Strain
9.A.1
Packet Pg. 48 Attachment: Attachment 1 - Letter of Objection (5670 : Cambridge PUD Minor Change)
9.A.2Packet Pg. 49Attachment: Attachment 2 - Location-Zoning Map (5670 : Cambridge PUD Minor Change)
9.A.3Packet Pg. 50Attachment: Attachment 3 - Application (5670 : Cambridge PUD Minor Change)
9.A.3Packet Pg. 51Attachment: Attachment 3 - Application (5670 : Cambridge PUD Minor Change)
9.A.3Packet Pg. 52Attachment: Attachment 3 - Application (5670 : Cambridge PUD Minor Change)
9.A.3Packet Pg. 53Attachment: Attachment 3 - Application (5670 : Cambridge PUD Minor Change)
ORDINANCE NO. 06- 01
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY, FROM PLANNED UNIT
DEVELOPMENT (PUD) AND ESTATES (E) TO
COMMERCIAL PLANNED UNIT DEVELOPMENT
CPUD) KNOWN AS CAMBRIDGE SQUARE PUD BY
REVISING THE PUD DOCUMENT AND MASTER
PLAN TO INCORPORATE A 3.3H ACRE PARCEL,
CURRENTL Y ZONED "E" INTO THE EXISTING
CAMBRIDGE SQUARE PUD AND TO ALLOW A
MAXIMUM OF 80,000 SQUARE FEET OF RETAIL OR
OFFICE USE ON THE 3.3H ACRE PARCEL FOR
PROPERTY LOCATED IN THE NORTHEAST
QUADRANT OF THE INTERSECTION OF
LIVINGSTON ROAD AND PINE RIDGE ROAD (CR
896), IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 15.75c!c ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 98-89, THE
FORMER CAMBRIDGE SQUARE PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, C & R Realty of Richmond, Inc., represented by Robert L. Duane, AICP, of
Hole Montes, 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 THAT:
SECTION ONE:
The zoning classification of the herein described real property located in Section 7,
Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit
Development (PUD) and Estates (E) to Commercial Planned Unit Development (CPUD) known
as Cambridge Square CPUD by revising the PUD Document and Master Plan to incorporate a
3.3 H acre parcel, currently zoned Estates (E) into the existing Cambridge Square PUD and to
allow a maximum of 80,000 square feet of retail or office use on the 3.3 Ic!c acre parcel 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, as described in
Page I of2
9.A.4
Packet Pg. 54 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION TWO:
Ordinance Number 98-89, known as the Cambridge Square PUD, adopted on November
10, 1998, by the Board of County Commissioners of Collier County, Florida, is hereby repealed
in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 10th day of January 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
o.c. BY:
FRA ,l'KMANeputlerk
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Assistant County Attorney
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This ordinance filed with the
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and ocknowledgem tho<
fill received this day
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Page 2 of2
9.A.4
Packet Pg. 55 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
CAMBRIDGE SQUARE
A COMMERCIAL PLANNED UNIT DEVELOPMENT
CPUD)
Prepared for:
Naples Gateway Land Trust
Prepared by:
ROBERT L. DUANE. A.I.C.p.
HOLE MONTES. INC.
950 ENCORE WAY AND
NAPLES. FLORIDA 34110
R. BRUCE ANDERSON. ESQ.
ROETZEL & ANDRESS. L.p.A.
850 PARK SHORE DRIVE
TRIANON CENTER - 3RD FL.
NAPLES. FLORIDA 34103
HM PROJECT 1997097
REYISED 01\ JANUARV 3, 2006
DATE ApPROnD Bv BCC: NOVEMBER 10, 1998-0RDINANCE No. 1998-89
EXHIBIT A
9.A.4
Packet Pg. 56 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance
SECTION II - Property Ownership, Legal Description and Short Title 2
SECTION III - Statement ofIntent and Project Description 3
SECTION IV - General Development Regulations 4
SECTION V - Description of Project & Proposed Land Uses II
SECTION VI - General Permitted Uses 12
SECTION VII- Pcrmitted Uses & Development Standards Tract A 13
SECTION VIII - Pennitted Uses & Development Standards Tract B 16
SECTION IX - Preserve Area Requirements 20
SECTION X - Development Commitments 21
10.1 - Transportation Requirements 2]
10.2 - Utility-Requirements 23
10.3 - Engineering Requirements 23
lOA - Water Management Requirements 24
10.5 - Environmental Requircments 25
10.6 - Affordable Housing Rcquirement 27
10.7 - Deviations 27
EXHIBITS
A.Master Plan
I. j. Currclll'\Villial11s'"PUDZ - Planned L-Ilit DcvdopmclH Zoning'Cambridge Syuare'.PUD document, ] -+-()(1.d\)C
9.A.4
Packet Pg. 57 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
SECTION I
STATEMENT OF COMPLIANCE
The development of 16.1 acres of property in Section 7, Township 49 South, Range 26
East, as a Planned Unit Development to be known as the CAMBRIDGE SQUARE
CPUD will be in compliance with the planning goals and objectives of the Collier
County Growth Management Plan for the following reasons:
1.1 The subject property is located in the Golden Gate Master Plan Area and is
consistent with the requirements of the Pine Ridge Road Mixed Use Sub-
District which permit limited office uses up to 35,000 S.F. on tract A and up to
80,000 S.F. of retail or office gross leasable area on tract B and is consistent
with Ordinance 2005-25 for the proposed area and development standards
contained in this CPUD.
1.2 Improvements are planned to be in compliance with applicable land
development regulations as set forth in Objective 3 of the Future Land Use
Element,
1.3 The project will be served by a full range of services, including sewer and
water by the County resulting in an efficient and economical expansion of
facilities as required by Objective 3 of the Future Land Use Element.
1.4 The project contains a mix of both retail and office, uses combined with
architectural controls and extensive screening and buffering that are designed
to make the project compatible with and complementary to both nearby
planned commercial and residential land uses.
1.5 All final local Development Orders for this project are subject to the Collier
County Concurrency Management System as implemented by the Adequate
Public Facilities Ordinance.
9.A.4
Packet Pg. 58 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION, AND SHORT TITLE
2.1 PROPERTY OWNERSHIP
The property is owned by Pine Ridge Livingston Development, LLC, the
Lessee" and C&R Realty of Richmond. Inc.. the "Lessor" at the time of
rezoning.
2.2 LEGAL DESCRIPTION
Tracts 1, 12, 13. & 28 of Golden Gate Estates Unit 35 as recorded in Plat Book
7, Page 85.
2.3 SHORT TITLE
This ordinance shall be known and cited as the "CAMBRIDGE SQUARE
COMMERCIAL PLANNED UNIT DEVELOPMENT".
2.-\ PHYSICAL DESCRIPTION
The project site lies entirely within the 1-75 Canal Basin. The site drains to
roadside swales on Pine Ridge Road to the south and Livingston Woods Road
81h Avenue S.W.) to the north.
Water management for the project will include a retention/detention system to
provide water quality and attenuate the peak discharge rate.
Existing site elevations range 10.0 to 11.0.
The site is entirely within Flood X, according to FIRM MAP 120067 04250.
Flood Zone X designates areas of 500 year flood and areas of 100 year flood
with average depths less than I foot.
Soil types found on this site include HoJopan fine sand (approximately 25%),
Malaber fine sand (approximately 65%), and Oldsmar fine sand
approximately 10%). Soil characteristics derived from the soil survey of
Collier County, Florida, issued by the U.S. Department of Agriculture (Natural
Resources Conservation Service) issued in 1998.
2
9.A.4
Packet Pg. 59 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.1 INTRODUCTION
The developer's intent is to establish a Planned Unit Development meeting or
exceeding the applicable standards of the Collier County Land Development
Code. It is the purpose of this document to set forth guidelines for future
development of the project that meet accepted planning principles and
practices, and to implement the Collier County Growth Management Plan.
3.2 PROJECT DESCRIPTION
The project is comprised of 16.1 acres, more or less, and is located on the north
side of Pine Ridge Road, al the northeast corner of the intersection of Pine
Ridge and Livingston Roads north. Cambridge Square may support a number
of tracts for development, which are expected to develop with a mixture of
office and retail uses. Access to the subject parcel will be from Pine Ridge
Road and Livingston Road. A loop road is depicted on the CPUD Master Plan
to facilitate access through the subject property between Pine Ridge and
Livingston Roads.
3.3 LAND USE PLAN
The project permits a range of office and retail uses to meet the needs of the
developing area. The CPUD Master Plan depicts a wetland preserve area,
internal circulation, open spaces, landscape buffer areas, and a loop road from
Pine Ridge Road 10 Livingston to reduce traffic at the intersection. The CPUD
Master Plan is designed to be flexible inasmuch as the size and configuration
of tracts will not be finally determined until site plan approval is requested.
3.4 PROJECT PHASING
The applicant has set a preliminary development schedule for the subject
property for completion of improvements by January 2008. This projection of
the project's development can be no more than an estimate based on current
market knowledge.
3
9.A.4
Packet Pg. 60 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
fhe purpose of this section is to set forth the development regulations that may be
applied generally to the development of the Cambridge Square Planned Unit
De\elopment and Master Plan.
4.1 GENERAL
The following are general provisions applicable to the CPUD Master Plan:
A. Regulations for development of Cambridge Square CPUD shall be in
accordance with the contents of this document. the CPUD-Planned Unit
Development District, and other applicable sections and parts of the
Collier County Land Development Code (LDC), and the Growth
Management Plan, in effect at the time of issuance of any development
order, to which said regulations relate which authorizes the construction
of improvements. Should these regulations fail to provide specific
developmental standards, then the provisions of the most similar zoning
district in the LDC shall apply. The developer, his successor or
assignee shall follow the CPUD Master Plan and the regulations of this
CrUD, as adopted. and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor in
title or assignee is subject to the commitments within this agreement.
B. Unless otherwise noted, the definitions of all ternlS shall be the same as
the definitions set forth in the LDC in effect at the time of building
permit application.
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of Cambridge Square shall become part
of the regulations. which govern the manner in which this site may be
developed.
D. Development pemlitted by the approval of this petition will be subject
to a concurrency review under the provisions of Sections 6.02.0 I and
10.02.07, Adequate Public Facilities Requirements of the LDC.
9.A.4
Packet Pg. 61 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
E. Unless specifically waived through any variance or waiver, provisions
from any other applicable regulations, the provisions of those
regulations not otherwise provided for in this CPUD, remain in full
force and effect.
4.2 SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be performed in
accordance with the LDC, and the standards and commitments of this
document in effect at the time of construction plan approval.
4.3 EASEMENTS FOR UTILITIES
Easements, where required, shall be provided for water management areas,
utilities and other purposes as may be required by Collier County.
All necessary easements, dedications or other instruments shall be granted to
ensure the continued operation and maintenance of all services and utilities.
This will be in compliance with applicable regulations in effect at the time
construction plans and plat approvals are requested.
4.4 CPUD MASTER PLAN
A. Exhibit "A", The CPUD Master Plan, illustrates the proposed
development and is conceptual in nature. Proposed tract or special land
use boundaries shall not be construed to be final and may be varied at
any subsequent approval phase such as at final platting or site
development plan application.
B. All necessary 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.
4.5 PROJECT PLAN APPROVAL REOUIREMENTS
The Site Development Plan for individual tracts shall be submitted and
reviewed, in accordance with all provisions of Section 10.02.03 of the LDC
Submittal Requirements for Site Development Plans, unless otherwise
pro\'ided for within this CPUD and prior to the issuance of a building permit or
other required development orders.
5
9.A.4
Packet Pg. 62 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water
management facilities or to otherwise develop water bodies is hereby
pennitted. 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:
A. Excavation activities shall comply with the definition of a
Development Excavation" as provided for in the (Code of Laws and
Ordinances ss 22-106 - 22-119, whereby off-site removal shall not
exceed ten (10) percent of the total volume excayated up to a maximum
of 20,000 cubic yards.
B. A timetable to facilitate said removal shall be submitted to the Planning
Services Director for approvaL Said timetable shall include the length
of time it will take to complete said removal, hours of operation and
haul routes.
C. All provisions of Section 3.05.00 of the LDC pertaining to Vegetation
Removal, Protection, and Preservation are applicable.
U SUNSET AND MONITORING PROVISIONS
The Cambridge Square CPUD shall be subject to Section 10.02.13 0 of the
LDC, Time Limits for Approved PUDs, and Section 1O.02.13F of the LDC
pertaining to Monitoring Requirements.
I.S POLLING PLACES
Any community recreation/public building/public room located within the
Cambridge Square CpUD may be used for a polling place, if determined
necessary by the Supervisor of Elections, in accordance with Section 2.01.04
of the LDC pertaining to polling places
H NA TIVE VEGET A nON RETENTION REOUIREMENTS
The project shall preserve native habitat, in accordance with the provisions of
Section, 3.05.07 of the LDC pertaining to Preservation Standards.
6
9.A.4
Packet Pg. 63 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
4.10 COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities,
open spaces, water management facilities shall be the responsibility of the
Developer, their successors or assigns.
4.11 ARCHITECTURAL AND SITE DESIGN STANDARDS
All commercial buildings will be designed in accordance with Section 5.05.08
of the LDC pertaining to Architectural and Site Design Standards and as
further specified in Sections VII and VIII ofthis CpUD.
4.12 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation 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
another appropriate entity, whose function shall include provisions for the
perpetual care and maintenance of all common facilities and open space subject
further to the provisions of Section 2.03.06 of the LDC Planned Unit
Development Districts.
4.13 OPEN SPACE REQUIREMENTS
A combination of the lakes, wetland and upland preserves, landscape buffers
and open space shall meet the 30% open space requirement for the
development as set forth in Section 4.02.0 I.B2 of the LDC. Open space shall
include all pervious green space within development parcels and lots and shall
also include all land that may be dedicated for public purposes.
4.14 SIGNAGE
Monumental entry signage may be developed at each of the project entrances
in addition to the provisions of 5.06.04 of the LDC pertaining to Sign Standard
for Specific Situations. Project and directory signage shall be limited to
ground signs and signage shall be architecturally compatible with the CpUD
architectural design theme.
7
9.A.4
Packet Pg. 64 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
4.15 SITE LIGHTING
Lighting facilities shall be arranged in a manner which will protect roadways
and neighborhood residential properties from direct glare or other interference.
The maximum height of parking lot light fixtures shall be 16 feet.
4.16 ARCHAEOLOGICAL RESOURCES
If, during the course of site clearing, excavation, or other construction
activities, an archaeological or historical site, artifact, or other indicator is
discovered other than that already identified, all development at that location
shall be immediately stopped. Development will be suspended for a sufficient
length of time to enable the Collier County Historic and Archeological
Preservation Board, or a designated consultant, to assess the find and determine
the proper course of action in regard to its salvageability. The Environmental
Review Staff will respond to any such notification in a timely and efficient
manner so as to provide only a minimal interruption to any construction
activity.
4.17 LANDSCAPING AND BUFFERING
The development of the CrUD Master Plan shall be subject to Section. 4.06.00
of the LDC pertaining to Landscaping, Buffering and Vegetation Retention.
A. Pine Ridge and Livingston Roads Landscape Buffer;!
I. Width:
A minimum of 15 feet.
2. Shade Trees:
25 foot on center, minimum: 14 feet in height at installation.
3. Palm or Pine Trees:
In addition to the required shade trees. I per 15 feet may be
clustered with a 30 foot maximum distance between trees. The
cluster of trees shall be an average height of 18 feet and a
minimum height of 8 feet.
4. Hedge:
A hedge of at least 24 inches in height at the time of planting
and attaining a minimum of three feet in height within one year
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Packet Pg. 65 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
where vehicular areas are adjacent to road right-of-way,
pursuant to Section 4.06.05 of the LDC, General Landscaping
Requirements.. The required hedge shall be designed to be
curvilinear.
B. East Landscaped Buffer
None. The site's existing wetland preserve shall provide the
project's required buffer.
C. North (Rear) Setback/Buffer Area
1. Setback:
75 foot setback; A minimum of 30 feet without water
management.
2. Buffer Design Criteria:
A twenty (20) foot wide Type "0" Buffer shall be provided
along Livingston Woods Lane with more stringent screening
than required in Section 4.06.02 of the LDC, Buffer
Requirements. Trees shall be spaced a minimum of fifteen
15) feet on-center and a single row of shrubs shall be spaced a
minimum of three (3) feet on-center, with both trees and shrubs
located on the northern side of an eight (8) foot tall
architecturally finished masonry wall. Such trees and shrubs
shall meet the requirements of Section 4.06.05 of the LDC,
General Landscaping Requirements. Such wall shall have a
common architectural theme with the other buildings and
signage within the CpUD, as described in this CpUD
Document, and shall be installed and maintained with the
finished side out towards Livingston Woods Lane.
Construction of the wall shall occur concurrently with building
construction on each parcel and shall be carried out in a
diligent manner such that the architecturally finished side of
the wall shall be completed prior to the completion of building
construction. This buffer shall be installed as a required
improvement for the first Site Development Plan within Tract
B of the subject CpUD. Additionally, along the southern side
of the wall, there shall be planted at least forty-five (45) Red
Maple trees, or similar species, that are at least eight (8) feet
taiL
D. Internal Buffer Between Uses
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Packet Pg. 66 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
I. Width: .-\5 provided for in 4.06.05 of the LDC
pertaining to General Landscaping
Requirements.
2. Shade Trees: 20 foot on center, minimum 12 foot in height at
installation.
3. Palm or Pine Trees:
In addition to the required shade trees, 1 per 10
feet; may be clustered with a 30 foot maximum
distance between trees or cluster of trees. The
trees shall be an average height of 18 feet and a
minimum height of 8 feet.
10
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Packet Pg. 67 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
SECTION V
DESCRIPTION OF PROJECT AND PROPOSED LAND USES
5.1 PURPOSE
The purpose of this section is to set forth the General Permitted Uses and
development standards for Tracts "A" and "B".
5.2 DEVELOPMENT INTENSITY
The maximum development intensity permitted on Tract "A" is thirty-five
thousand (35,000) S.F. of gross leasable office space within the Eastern parcel,
not to exceed five (5) acres. Transitional uses on Tract "A" are permitted to be
developed up to a floor area ratio of .45. On Tract "B", the maximum
development intensity is eighty thousand (80,000) S.F. of gross leasable retail
or office area.
5.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan, including and use of land for the acreage noted, is
illustrated graphically by Exhibit "A", CPUD Master Plan.
TABLE I:
CAMBRIDGE SQUARE SUMMARY OF DEVELOPMENT INTENSITY
TYPE ACREAGE S. F.
TRACT A Office Use c!c 3.4 35,000 S.F.
TRACT B Retail/Office c!c10.2 80,000 S.F.
TRACT C Preserve* c!c 2.41
The Preserve area includes 2.2 acres, more or less, of the 2.41 acres more or
less contained in Tract C.
Table I is a schedule of the intended land uses, with approximate acreage of the
total project indicated. The arrangement of these land areas is shown on the
Master Plan (Exhibit "An). The Master Development Plan Exhibit A is an
illustrative preliminary development plan. Design criteria and layout that is
illustrated on the Master Development Plan and other exhibits supporting this
project shall be understood to be flexible so that final design may satisfy
development objectives and be consistent with the project development, as set
forth in this Document. .
II
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Packet Pg. 68 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
SECTION VI
GENERAL PERMITTED USES
6.1 PURPOSE
The purpose of this section is to set forth the general permitted uses for both
Tracts A and B depicted on the CpUD Master Plan.
Certain uses shall be considered general permitted uses throughout the
Cambridge Square CpUD. General permitted uses are those uses which
generally serve the Developer and end-users of Cambridge Square CPUD and
typically are part of the common infrastructure of the proposed development.
6.2 GENERAL PERMITTED USES
I. Essential services as set forth under Collier County Land Development
Code, Sections 2.01.03 and 2.04.03 of the LDC.
2. Water management and facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouscs, and access control structures.
5. Temporary construction, sales, and administrative offices for the
developer and developer's authorized contractors and consultants,
including necessary access ways, parking arcas and related uses.
6. Preserve areas or landscape features including but not limited to
landscape buffers, bern1s, and fences.
7. Fill storage subject to the standards set forth in the Collier County LDC
8. Landscape butfers, berms, fences and walls.
9. Any other permitted uses which are comparable in nature with the
foregoing list of permitted uses and consistent with purpose and intent
statement of the district, as determined by the Board of Zoning
Appeals.
9.A.4
Packet Pg. 69 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
SECTION VII
PERMITTED USES & DEVELOPMENT STANDARDS
TRACT A
7.1 PURPOSE
The purpose of this section is to set forth the regulations for the area designated
on Exhibit "A", CpUD Master Plan, as "Commercial-Tract A". A maximum
of 35,000 square feet of leasable commercial area shall be developed wiiliin
Tract A.
7.2 No building or structure, or part thereof, shalI be erected, altered, or used, or
land or water used, in whole or in part, for oilier than the following:
A. Permitted Principal Uses and Structures
1. Group Care Facilities (category I & II); care units, subject
to the provisions of Section 5.05.04 of the LDC; Group
Housing nursing homes; assisted living facilities pursuant
to this definition of Assisted Living Facility, of Section
400.402 Florida Statutes and Chapter 58A-5 Florida
Administrative Code.; and continuing care retirement
communities pursuant to Chapter 651 Florida Statutes and
Chapter 4.183 Florida Administrative Code.
2. Accounting, auditing, and bookkeeping services (8721).
3. Business services (groups 7311, 7313, 7322-7331, 7338,
7361,7371,7372,7374-7376,7379).
4. Chi1dcare centers and adult day care centers (8351).
5. Churches and other places of worship (8661).
6. Depository institutions without drive-through (groups
6011-6099).
7. Engineering, architectural, and surveying services (groups
8711-8713).
8. Health services (groups 8011-8049).
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Packet Pg. 70 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
9. Insurance carriers, agents and brokers (groups 6311-6399.
6411).
10. Lega] services (8111).
11. Management and public relations services (groups 8741-
8743, 8748)
12. Medical office (groups 8011 - 8049)
13. Miscellaneous personal services (7291).
14. Non-depository credit institutions (groups 614] - 6163).
15. Real estate (groups 653]-6541)
6. Schools, public and private (8211).
17. Any other use, which is comparable in nature with the
foregoing uses and consistent with the purpose and intent
of the district as determined by the Board of Zoning
Appeals.
B. Permitted Accessorv Uses and Structures
Accessory uses and structures customarily associated with
the above permitted principal uses and structures,
including vehicular garages or covered parking.
2. Essential services and facilities, such as sewer and water
lines, sewage lift stations, telephone lines, and electrical
transmissions lines.
3. Any other permitted uses which are comparable in nature
with the foregoing list of permitted uses and consistent
with purpose and intent statement of the district, as
determined by the Board of Zoning Appeals.
DEVELOPMENT STANDARDS FOR TRACT A
A.Site Area:Twenty thousand (20,000) square feet
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Packet Pg. 71 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
B. Site Width: One hundred (100) feet
C. Setbacks from CpUD Boundaries:
1. Front Yard:
Single Story Structure: Twenty-five (25) feet from the
north property line and 25 feet from all other boundaries
Two Story Structure: Thirty-five (35) feet
Three Story Structure: Forty-five (45) feet
2.Twenty-five (25) feetSideYard:
3.Rear Yard:Seventy-five (75) feet
D.Maximum Height of Structures:Thirty-Five (35) feet.
E.Maximum Number of Stories:Three (3) habitable floors.
F. Distance Between Principal Structures: None, or a minimum of ten
10) feet with unobstructed passage from front to rear.
G. Minimum Floor Area of Principal Structures: One thousand (1,000)
square feet per building on the ground floor.
H. Architectural Common Theme: Structures within this Tract shall have
a common architectural theme, inclusive of common or compatible use
of materials and colors. Structures must include the following common
elements.
I. Primary Exterior Walls: Stucco.
2. Porches or exterior covered areas: Stucco or wood frame.
3. Primary Roofs and Covered Parking: Clay or cement,
tile; 5/12 roof pitch or greater.
4. Parking and site lighting: Anodized bronze fixtures
15
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Packet Pg. 72 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
SECTION VIII
PERMITTED USES & DEVELOPMENT STANDARDS
TRACT B
8.1 PURPOSE
The purpose of this section is to set forth the regulations for the area designated
on Exhibit "A", CPUD Master Plan, as "Tract B",
8.2 No building or structure, or pari thereof, shall be erected, altered, or used, or
land or water used, in whole or in part, for other than the following:
A. Pernlitted Principal Uses and Structures:
I. All permitted principal uses and structures allowed on Tract "A"
other than group care facilities, childcare centers, day care
centers, churches, and other places of worship, public, and
private Schools.
2. Apparel and accessory stores (groups 5611-5699).
3 Barber shops, except barber schools (group 7241).
4. Beauty shops, except beauty schools (group 723 I).
5. Business services (groups 7311, 7313, 7322, 7331, 7334. 7338,
7371,7372,7374-7376,7379,7384).
6. Depository institutions (groups 6011-6099 including drive-
through windows).
7. Drinking places (group 5813 excluding bottle clubs). Note: All
establishments engaged in the retail sale of alcoholic beverages
for on-premise consumption are subject to the location
requirements of Section 5.05.01 of the LDC, Businesses Serving
Alcoholic Beverages.
8. Eating places (group 5812, except contract feeding, dirmer
theaters, institutional food service, and industrial feeding).
Note: All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to the
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Packet Pg. 73 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
location requirements of Section-5.05.01 of the LDC.
9. Food stores (groups 5411-5499).
10. Gasoline service stations (group 5541, subject to Sections
5.05.05 and 9.04.07 of the LDC.
11. General merchandise stores (groups 5331-5399).
12. Hardware stores (group 5251) limited to a maximum size of
15,000 S.F. of gross leasable area.
13. Health services (group 8082).
14. Home furniture, furnishing, and equipment (groups 5712-5736).
15. Miscellaneous personal services (groups 7215, 7216 non-
industrial dry cleaning only, 7291, 7299 baby sitting bureaus,
clothing rental, costume rental, dating service, depilatory salons,
diet workshops, dress suit rental, electrolysis, genealogical
investigation service and hair removal only).
16. Miscellaneous repair services (groups 7629, 7631, 7699 except
blacksmith shops, boiler cleaning, boiler repair or manufacture,
cesspool cleaning, cleaning bricks, farm machinery repair,
furriers or blacksmith shops, furnace or chimney cleaning
service, harness repair shops, horseshoeing, industrial truck
repair, lawrunower repair shops, machinery cleaning, mattress
renovating and repair shops, septic tank cleaning service, sewer
cleaning and rodding, ship boiler and tank cleaning and repair
contractors, ship scaling contraclors, tank and boiler cleaning
service, tank truck cleaning service, tent repair shops and tractor
repair).
17. Miscellaneous retail (groups 5912-5949, 5992-5999, except
auction rooms, awning shops, gravestones, fireworks, hot tubs,
monuments, swimming pools, tombstones, and whirlpool
baths ).
18. Offices for engineering, architectural, and surveYIng servIces
group 0781).
19. Paint, glass, and wallpaper stores (group 5231).
17
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Packet Pg. 74 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
20. Photographic studios (group 7221).
21. Physical fitness facilities (group 7991).
22. Real estate (groups 6541-6552).
23. Shoe repair shops and shoeshine parlors (group 7251).
24. Security and commodity brokers, dealer, exchanges, and
services (groups 6211-6289).
25. Transportation services, travel agencies only (group 4724).
26. United States Postal Service except major distribution center
group 4311).
27. Videotape rental (group 7841).
28. Veterinary services (group 0742 with no outside boarding).
29. Any other permitted uses, which are comparable in nature with
the foregoing list of pernlitted uses and consistent with purpose
and intent statement of the district, as detenllined by the Board
of Zoning Appeals.
B. Permitted Accessorv Uses and Structures
I. Accessory uses and structures customarily associated with the
above permitted principal uses and structures.
2. Essential services and facilities such as sewer and water lines,
sewage lift stations, telephone lines, and electrical transmission
lines.
3. Customary accessory uses and structures, including vehicular
garages or covered parking.
4. Any other permitted uses which are comparable in nature with
the foregoing list of permitted uses and consistent with purpose
and intent statement of the district, as detemlined by the Board
of Zoning Appeals.
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Packet Pg. 75 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
8.3 DEVELOPMENT STANDARDS FOR TRACT B
A. Minimum Site Area: 20,000 square feet
B. Minimum Site Width: 150 feet
C. Setbacks: 75 feet from the north property line and 25 feet from all
other boundaries
D. Setbacks Internal to the CpUD: 15 feet; none ifunder unified control.
E. Maximum Height of Structures: Thirty-five (35) feet.
F. Maximum Number of Stories: Three (3) habitable floors.
G. Distance Between Principal Structures: None, or a minimum of ten
10) feet with unobstructed passage from front to rear.
H. Minimum Floor Area of Principal Structures: One thousand (1,000)
square feet per building on the ground floor.
1. Architectural Common Theme: Structures within this Tract shall have
a common architectural theme, inclusive of common or compatible use
of materials and colors. Structures must include the following common
elements.
I. Primary Exterior Walls: Stucco
J. Size limitations on uses: There are no limitations on the square footage
of uses in this CPUD other than the requirements set forth in Section
5.2 of this Ordinance and that the maximum size of any single retail use
or tenant shall not exceed twenty-five thousand square feet (25,000.) of
gross leasable floor area, except that hardware stores (group 5251) may
not exceed fifteen-thousand square feet (15,000.) of gross leasable floor
area.
19
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Packet Pg. 76 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
SECTION IX
pRESER VE AREA REOUIREMENTS
9.1 PURPOSE
The purpose of this section is to identify permitted uses for the Preserve Areas
as shown on the CpUD Master Plan.
9.2 PERMITTED USES
The Master Plan provides for +/- 2.2 acres more or less of wetland preserve
areas on Tract C, which comprises 2.41 acres. The Pine Ridge Road Mixed
Use District of the Future Land Use Element requires the preservation of the
area proposed to be preserved in this CPUD. No building, structure or part
thereof shall be erected, altered or used or land used in whole or in part for
other than the following:
Permitted Principal Uses and Structures in accordance with the preservation
standards of Section 3.05.07 of the LDC, Preservation Standards.
I. Passive recreation areas
2. Biking, hiking and nature trails
3. Water management facilities and water management structures
4. Native preserves and wildlife sanctuaries
5. Supplemental landscape planting, screening and butTering
within the Preserve Area, subject to SOP approvaL
B. Any other use, which is comparable in nature with the foregoing uses,
consistent with the permitted uses and purpose and intent statement of
this CPUD, as determined by the Board of Zoning Appeals.
cO
9.A.4
Packet Pg. 77 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
SECTION X
DEVELOPMENT COMMITMENTS
10.1 TRANSPORTATION REQUIREMENTS
The purpose of this section is to set forth the transportation commitments of
the project development.
A. Pedestrian access shall be provided between all parcels and uses in the
development, at the time of final site development plan approval for
each individual tract.
B. Within the western c!c 10.2 acres of the subject property a loop road shall
be provided and constructed through the property to provide access
from Pine Ridge Road to Livingston Road in order to reduce traffic at
the intersection. The loop road shall be dedicated as a public easement
at the time of platting or SOP approval, as the case may be.
C. All traffic control devises, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation
FOOT) Manual of Uniform Minimum Standards (MUMS), current
edition, FOOT Design Standards, current edition, and the Manual on
Uniform Traffic Control Devices (MUTCD), current edition. All other
improvements shall be consistent with and as required by the Collier
County LDC.
D. Arterial level street lighting shall be provided at all access points.
Access lighting must be in place prior to the issuance of the first
certificate of occupancy (CO).
E. Site-related improvements necessary for safe ingress and egress to this
project, as determined by Collier County, shall not be eligible for
impact fee credits. All required improvements shall be in place and
available to the public prior to the issuance of the first CO
F. Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, as amended and Sections 6.02.01 and 10.02.07 of the
LDC, as it may be amended.
G. All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
21
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Packet Pg. 78 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
H. Except as to the deviation which is hereby approved in this CPUD, to
reduce the minimum connection spacing from Livingston Road from
1320 feet to 450 feet as shown on the CpUD Master Plan, all proposed
median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may
be amended, and the LDC, as it may be amended. Collier County
reserves the right to modify or close a median opening existing at the
time of approval of this CpUD, which is found to be adverse to the
health, safety, and welfare of the public. Any such modifications shall
be based on, but are not limited to, safety, operational circulation, and
roadway capacity.
I. Nothing in any development order shall vest a right of access in excess
of a right in/right out condition at any access point. Neither shall the
existence of a point of ingress, a point of egress or a median opening,
nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
aSSIgnee.
J. All internal roads (including the public easement for the loop road),
driveways, alleys, pathways, sidewalks, and interconnections to
adjacent developments shall be operated and maintained by an entity
created by the developer and Collier County shall have no
responsibility for maintenance of any such facilities.
K. If any required turn land improvement requires the use of an existing
County right-of-way or easement, compensating right-of-way, shall be
provided without cost to Collier County as a consequence of such
improvement.
L If a traffic signal, or other traffic control device, sign or payment
marking improvement within a public right-of-way or easement is
determined to be necessary by Collier County, the cost of such
improvement shall be borne by the developer and shall be paid to
Collier County before the issuance of the first CO.
M. The two (2) out-parcels depicted on the Master Plan for building areas
8" and "C" , including building area "0", "A", and "E", may be
issued COs while improvements are being undertaken to Livingston
Road as access will be available from Pine Ridge Road.
N. No COs shall be issued for any permitted uses in this CPUD for Tract
8" until December of2006.
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Packet Pg. 79 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
10.2 UTILITY REOUIREMENTS
The purpose of this section is to set forth the utilities and engmeenng
commitments of the project developer.
A. Potable water will be supplied by the County water service system
through an existing 12 inch main running east and west on the north
side of Pine Ridge Road. All construction plans and technical
specifications for the proposed project shall be reviewed and approved
by the Planning Department, Engineering Review Services prior to
commencement of construction. On-site water mains shall be installed
by the developer at no cost to the County and shall be master metered.
All on-site water mains shall be owned and maintained by tl3e
developer, his assigns or heirs.
B. Connection to the County sewer system shall be to the County force
main located on the south side of Pine Ridge Road, at no cost to the
County. Sewage shall be pumped by an on-site station to the County
system. All construction plans and technical specifications shall be
approved by the Planning Department, Engineering Review Service,
prior to constrLlction.
10.3 ENGINEERING REQUIREMENTS
A. Detailed paving, grading, site drainage, and utility plans shall be
submitted to the County Manager, or designee, for review. No
construction permits shall be issued unless and until approval of the
proposed construction, in accordance with the submitted plans, is
granted by the County Manager, or designee.
B. Design and construction of all improvements shall be subject to
compliance with all applicable provisions of the LDC, including those
set forth in Chapter 4, Site Design and Development Standards, of the
LDC.
C. The developer, and all successors in interest to the developer shall be
required to satisfy the requirements of all County development
ordinances or codes in effect prior to or concurrent with any subsequent
development order relating to this site, including site development
plans and any other application that will result in the issuance of a final
local development order.
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Packet Pg. 80 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
1 0.4 WATER MANAGEMENT REOUIREMENTS
The purpose of this section is to set forth the water management commitments
of the project developer.
A. Detailed paving, grading, and site drainage plans shall be submitted to
the Development Services Director for review. No construction
permits shall be issued unless and until approval of the proposed
construction, in accordance with the submitted plans is granted by
County Manager, or designee.
B. Design and construction of all improvements shall be subject to
compliance with the appropriate provisions of the LDC.
C. Landscaping, within the water management areas, is permitted, except
as prohibited by the Collier County Land Development Code.
D. An excavation permit shall be required where applicable in accordance
with (Code of Laws and Ordinance, Sections 22-106-22-119) and South
Florida Water Management District Rules.
E. The subject property is currently under common ownership with the
adjacent property to the east. Under this circumstance, a water
management system may be shared with propcrty to the east and the
cypress area within this system as generally depicted on the CpUD
Master Plan, shall be preserved and enhanced. If the ownership
changes on the property to the east, water management facilities may be
shared with the necessary easements in place.
F. Water management requirements of the CPUD's individual
developments shall be linked through the proposed drainage easement,
as shown on Exhibit "A" CPUD Master Plan, which outfalls to the
site's eastern wetland preserve area.
G. A copy of the SFWMD permit is required prior to development plan
approvaL
H. For perimeter berm heights in excess of two feet, side slopes shall be at
a maximum of 4: I.
L Existing or proposed easements for Collier County storm water
facilities shall be maintained free of landscaping berms, or any other
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Packet Pg. 81 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
kind of obstacle that could impede adequate access to maintenance
crews and equipment.
1 0.5 ENVIRONMENTAL REQUIREMENTS
The purpose of this Section is to set forth the environmental requirements of
the project developer.
A. The project shall meet all pertinent environmental related requirements
of the Collier County Growth Management Plan, including the Coastal
and Conservation Management Element and the LDC in effect at the
time that requests are made for site development plan approval.
B. A wetland preserve area comprising c!c 2.2 acres more or less is depicted
on the CpUD Master Plan. This Preserve area satisfies the requirements
of Section 3.05.00 of the LDC pertaining to Vegetation Removal,
Protection, and Preservation. The project's plan for development is to
preserve this wetland area in its entirety and to enhance it with shared
water management areas between the subject property and the Naples
Gateway CpUD.
C. Environmental permitting shall be in accordance with the state of
Florida Environmental Resource Permit Rules and be subject to review
and approval by Environmental Review Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
D. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on
the plat or site plan, whichever is applicable, with protective covenants
per or similar to Section 704.06 of the Florida Statutes.
In the event, the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County, with no
responsibility for maintenance and subject to the uses and limitations
similar to or as per Florida Statutes Section 704.06.
E. All Category I invasive exotic plants, as defined by the Florida Exotic
Pest Plant Council, shall be removed from within preserve areas and
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner. This information shall be
provided to Environmental Review Staff for review at the time
development orders are requested.
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Packet Pg. 82 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
F. Proof of ownership for the shared water management areas for the
adjoining property to the east shall be provided to Environmental
Review Staff prior to final site plan approval. If the ownership changes
for lands to the east of the subject property, water management
facilities may be shared with the required easements.
G. The Developer shall retain the existing wetland preserve consisting of
c!c 2.2 acres more or less, per the requirement of this CpUD.
H. Buffers shall be provided around wetlands, extending at least fifteen
15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of the wetlands
to remain on site. Where natural buffers are not possible, structural
buffers shall be provided in accordance with the State of Florida
Environmental Resource Permit Rules.
I. This CPUD shall be consistent with the Environmental sections of the
Growth Management Plan, Conservation and Coastal Management
Element and the LDC in effect at the time of final development order
approval.
J. This CpUD shall comply with the guidelines of the United States Fish
and Wildlife Service and Florida Fish and Wildlife Conservation
Commission for impacts to protected species. A Habitat Management
Plan for those species shall be submitted to Environmental Review
Staff for review and approval prior to Site/Plan approval.
K. A Preserve Area Management Plan shall be provided to Environmental
Review Staff for approval prior to site/construction plan approval
identifying methods to address treatment of invasive exotic species, fire
management, and maintenance.
26
9.A.4
Packet Pg. 83 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
10.6 AFFORDABLE HOUSING REQUIREMENT:
The developer shall make a payment of fifty cents ($.50) per gross leasable square foot
to the Collier County Affordable Housing Trust Fund at the time of site development
plan approval for the amount of square footage being approved in the site development
plan on Tract B. This commitment and the subsequent payments may be credited
against any subsequently adopted affordable, work force, and/or other gap housing or
housing needs impact fee, mitigation, exaction, fee, contribution, linkage fees and/or
other similar tax or charge which would otherwise be applicable to the CpUD
property, as may be so contemplated by such subsequently adopted provisions.
10.7 DEVIATIONS:
A deviation is approved as part of this CpUD Master Plan to County Resolution
Number 01-247 Collier County Access Management Policy to allow access onto
Livingston Road to enhance the traffic circulation of the CpUD by reducing the
minimum cormection spacing from Livingston Road from 1,320 feet to 450 feet as
shown on the CpUD Master Plan.
27
9.A.4
Packet Pg. 84 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
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u'"_....-'''''...'''''',,.9.A.4Packet Pg. 85Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor
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 and correct
copy of:
ORDINANCE 2006-01
Which was adopted by the Board of County Commissioners
on the lOth day of January, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of January, 2006.
DWIGHT E. BROCK . ",.-...", .
Clerk <;,f, Courts and.\~iI~:;?<
rEx-off~c~o to Boarq'.0f ,/.)""
1'.'/,' ,'"", ... ".,: \...
County Comm~ss~on<,!"rs.:,:" \ "'j ;;\:.e; .
J\p1JJi.~(jd&"'cr,.- >....~ .....'~:>~r,~
By: Ann JenneJohn,' , ,~":;.:;,'0' '"..,
Deputy Clerk '. '~"':.:, ,.'
9.A.4
Packet Pg. 86 Attachment: Attachment 4 - Cambridge Square CPUD Ordinance 2006-01 (5670 : Cambridge PUD Minor Change)
RESOLUTION NO. 2007---2.Q3
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
DECLARING A VALID PUBLIC PURPOSE FOR ACCEPTING
VOLUNTARY DONATIONS FOR AFFORDABLE-
WORKFORCE HOUSING MADE DIRECTLY TO THE
COUNTY, ESTABLISHING AN AFFORDABLE-WORKFORCE
HOUSING TRUST FUND AND PROVIDING GENERAL
GUIDELINES FOR USE OF MONIES IN THE AFFORDABLE-
WORKFORCE HOUSING TRUST FUND.
RECITALS
WHEREAS, the Board of County Commissioners of Collier County, Florida (the
Board") has determined that the public health, safety and general welfare requires the
implementation of an affordable-workforce housing program for the following purposes:
a. To implement the goals, objectives and policies of the Collier County
Comprehensive Plan;
b. To provide housing opportunities for Collier County families in order to
meet the existing and anticipated housing needs of such persons and to
maintain a more balanced socio-economic mix in the community;
c. To assist in satisfying the community's obligation to ensure that a fair
share of the community's housing production is affordable to Collier
County families;
d. To provide for a range of home ownership opportunities for those who
work in Collier County and who provide the community with essential
services but presently cannot afford to purchase a home within the
community; and
e. To provide an opportunity for developments which create additional
affordable-workforce housing demands within Collier County to share in
the responsibility to provide affordable-workforce housing.
WHEREAS, the Board has directed staff to develop an inclusionary zonmg
ordinance and related affordable-workforce housing mitigation fee for Board
consideration; and
9.A.5
Packet Pg. 87 Attachment: Attachment 5 - BCC Resolution 2007-203 (5670 : Cambridge PUD Minor Change)
WHEREAS, from time to time, voluntary donations for affordable-workforce
housing or as a credit against any affordable-workforce housing mitigation fee that might
be adopted in the future are made directly to the County; and
WHEREAS, the Board finds that there is a valid public purpose for accepting
such voluntary donations for affordable-workforce housing; and
WHEREAS, the Board also finds that such voluntary donations for affordable-
workforce housing should be maintained in a trust fund with the use of such mOnies
limited to meeting affordable-workforce housing needs;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows:
SECTION ONE.PUBLIC PURPOSE.
The Board hereby declares that a valid public purpose exists for accepting
voluntary donations for affordable-workforce housing and that such donations should be
deemed to be a credit against any affordable-workforce housing mitigation fee, including
fees in lieu of any inclusionary zoning obligation, that may be adopted in the future.
SECTION TWO.AFFORDABLE-WORKFORCE HOUSING TRUST FUND.
There shall hereby be established an Affordable-Workforce Housing Trust Fund
sometimes referred to hereafter as the "Fund"). All voluntary donations made directly
to the County for affordable-workforce housing shall be deposited into the Fund either
upon the day of receipt or the next business day following receipt.
The Fund shall be maintained in an interest bearing account and any interest
derived from deposits in the Fund shall follow and remain with the Fund. Any recaptured
monies, e.g., repayments on loans, shall also be deposited in the Fund. Monies in the
Fund, including interest and recaptured monies, shall be disbursed according to the
2
9.A.5
Packet Pg. 88 Attachment: Attachment 5 - BCC Resolution 2007-203 (5670 : Cambridge PUD Minor Change)
eligible uses as set forth in this Resolution and as approved by the Board and
administered by the Housing and Human Services Department staff.
SECTION THREE. USE OF AFFORDABLE-WORKFORCE HOUSING TRUST
FUND MONIES.
Collier County shall use the funds deposited within the Fund for the following
purposes, including but not limited to the options set forth in numbered paragraphs 1-8 in
this Section. Annually, the staff of Housing and Human Services will solicit project
proposals from local nonprofit organizations and "for profit" developers as well as
indi viduals. Staff will review and score the projects based on established criteria. The
staff recommendations for funding of specific options and projects will be presented
annually to the Board of County Commissioners for approval. An annual application
workshop will be conducted to provide technical assistance to applicants and address any
issues or concerns. All projects will be secured by a contractual agreement developed in
conjunction with the County Attorney Office. Each such Agreement shall be submitted
to the Board for approval and, following approval, shall be signed by the Chairman.
Applications for assistance for the individual home buyer will be accepted and reviewed
throughout the year by Housing and Human Services staff. Availability of funds and
applicant income verification would determine approval.
Options for use of Fund monies may include:
1. Down Payment Assistance - for units located in Collier County. Units
must be primary residence and homesteaded. Residency will be verified annually.
Available to households earning between 81-150% of the Median Family Income as
determined by the Department of Housing and Urban Development. The maximum
3
9.A.5
Packet Pg. 89 Attachment: Attachment 5 - BCC Resolution 2007-203 (5670 : Cambridge PUD Minor Change)
deferred loan amount is $50,000. All participants must attend a recognized homebuyer
education program. This loan would not be forgivable.
2. Impact Fee Relief - for units being developed within Collier County who
are serving households between 81-150% of the Median Family Income as determined by
the Department of Housing and Urban Development. Unit must be primary residence and
homesteaded. Residency will be verified annually. This loan would not be forgivable.
3. Land Acquisition - For proposed rental and homeownership projects
targeting households earning below 150% of the Median Family Income as determined
by the Department of Housing and Urban Development. Deed and land use restrictions
must be recorded. Construction and occupancy requirements will be based on the size of
the project.Applicant must apply for the applicable incentives and provide
documentation. This loan would not be forgivable.
4. Construction Loans - For proposed rental and homeownership projects
targeting households earning below 150% of the Median Family Income as determined
by the Department of Housing and Urban Development. Applicants may be non-profit
organizations, for profit developers or individual first time homebuyers.
5. Community Land Trust - For acquiring land, existing homes and/or
establishing land trust(s) with local non-profit organizations and/or developer partners or
county govemment. Down payment assistance for buyers who purchase homes in the
CLT. Targeting households below 150% of the median income.
6. Homebuyer Education and Counseling - For non-profit organizations
interested in delivering on-going programs to help prepare first time home buyers of all
income categories for homeownership. Annual contracts will be based on specific
4
9.A.5
Packet Pg. 90 Attachment: Attachment 5 - BCC Resolution 2007-203 (5670 : Cambridge PUD Minor Change)
deliverables including subject matter, diverse geographical coverage and availability of
programs.
7. Disaster Recovery and Mitigation - Emergency specific disaster recovery
initiatives will be presented to the Board to address housing needs for households below
150% of the Median Family Income based on the extent of the need. Assistance may
include providing temporary housing for our most vulnerable populations after a disaster
strikes, supplemental funding to organizations that house disaster victims and/or
providing disaster mitigation funds to individual homeowner or organization projects.
8. A maximum of 10% of collections may be used to monitor, administer and
oversee the Program.
9. As may be required by any stipulation or agreement with the donor
provided the funds are used to meet affordable-workforce housing needs as determined
by the Board.
First preference in receiving assistance from the Fund for allowed options or uses
shall be given to applicants who have not received assistance from other affordable-
workforce housing programs administered by Housing and Human Services during the
same budget year.
SECTION FOUR. REPORTING RESPONSIBILITIES.
A staff report on the receipt and uses of funds donated for affordable-workforce
housing and deposited into the Fund will be presented to the Affordable Housing
Commission on a quarterly basis and to this Board yearly.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes
of this Board.
5
9.A.5
Packet Pg. 91 Attachment: Attachment 5 - BCC Resolution 2007-203 (5670 : Cambridge PUD Minor Change)
This Resolution adopted after motion, second and majority vote, this 25th day of
July, 2007.
ATTEST:
DWIGHT E. BROCK, CLERK
1t8ti:....,to~~~rf
Sf",.tur'f oa 1 ·
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ByL~1I/U
JA ES COLETTA, CHAIRMAN
Approved as to form and legal sufficiency:
W!UI--
Michael W. Pettit
Chief Assistant County Attorney
06-cps-0038 1/595
6
9.A.5
Packet Pg. 92 Attachment: Attachment 5 - BCC Resolution 2007-203 (5670 : Cambridge PUD Minor Change)
9.A.6
Packet Pg. 93 Attachment: Attachment 6 - Sample Staff Approval Letter (5670 : Cambridge PUD Minor Change)
Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 ● www.colliergov.net
June 12, 2018
Chris Lascano
Phoenix Associates of Florida, Inc.
13180 Livingston Road, Suite 204
Naples, FL 34109
RE: PUD Minor Change, Cambridge Square CPUD, PMC-PL20170004306.
Dear Mr. Lascano:
This letter is in response to your application accepted on December 8, 2017, requesting administrative
approval to remove affordable housing commitments to pay an affordable housing contribution in a PUD
for the Cambridge Square CPUD pursuant to Section 10.02.13.E.3.c of the Land Development Code
(LDC). Having received a letter of objection, the subject request was scheduled for public hearing.
The Board of County Commissioners subsequently heard the subject item on June 12, 2018, and approved
your request. This approval does not relieve the project from compliance with all applicable federal, state
and local regulations and procedures. Staff had recommended approval having found the removal
consistent with the Collier County Growth Management Plan and with the criteria contained in the LDC
citation noted above allowing for the removal of affordable housing commitments to pay affordable
housing contributions in a PUD.
A copy of this letter will be filed with the adopted PUD documents. You may wish to have this letter
recorded in the official records of Collier County as a permanent record of this administrative approval.
If you need further information or assistance, please contact me at 239-252-5719 or via email at
john.kelly@colliercountyfl.gov.
Sincerely,
John A. Kelly
Senior Planner
cc: Laurie Beard, PUD Monitoring
Amy Patterson, Director – Impact Fees and Program Management
PUD File
9.A.7
Packet Pg. 94 Attachment: Attachment 7 -Draft Approval Letter PMC-PL20170004306 (5670 : Cambridge PUD Minor Change)
9.A.8
Packet Pg. 95 Attachment: Legal Ad - Agenda ID #5670 (5670 : Cambridge PUD Minor Change)