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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. f.2; r--r: c:? J>~ C -'- 4 n",,---' 0,. r1 tt:') r',) f'...) 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 W 0*"-., ftI ~lf} ~onn ann c :Lega\ Suf lCiency ."' . t~~~~~~- fk2d~~ Assistant County Attorney PlJDZ-A-2004-AR -5431/HW Isp This ordinance filed with the I ~ry 0 tote's Office In... day 0 -.iif1)ro and ocknowledgem tho< fill received this day of Q.(.. 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 9.A.4 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 9 9.A.4 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 9.A.4 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 9.A.4 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). 13 9.A.4 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 14 9.A.4 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 9.A.4 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 16 9.A.4 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 9.A.4 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. 18 9.A.4 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 9.A.4 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 9.A.4 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. 22 9.A.4 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. 23 9.A.4 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 24 9.A.4 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. 25 9.A.4 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) iiiIIii1ii i r i i i i i I0, 8i I z: 01 I z: 1 i 1 L i i i i i i i i r~~ffif I:iII111IIIIf:/ IIIIIII III i I, I I' Ii I' I; II I, II II I I I I I I Il! I,i1pillI' ; ~01iii!t ;:!j t ~l I" i -Qi'ill' t ~ gI:;:; i"":le ~~ R , ~d-l:: ~i;' I' ,I1. l'iI1i'i!I!I'1812i .1: 11111IIilh1l:1 :.ill II i! lil!111 Ih:il q III illll i~ l'I: I i ~:e~ <i~ ~ ~ nidlq i Ijill!i!! l il!i!iH h i I .1: oil ' " I 11'1 !" · .,I ';'!;= I nl h! II! o z '" .. o o w o ii: w z a: I I 1 I I i I I i I I i I I I I I I I I 1 I In 1 r U~~::'l L:::::~ l..:nJ i:__ ---. ' f~-:l!~~ <~ r~~Tn_--::c---_nnlf - -~-~~:J / l ~i__C-~--~---Ti ['\ f " I III ...J ~ L__-=_-. Q.......::l+----'-+---.;-t- Ooo'"h !!lm n<__ in-l [: ii~~~~~~;~- --i~ J1 i I I: : 1 " Lh_.J nJ-J I , : : L..~~.... __J L .J . ro. 11' I II~ 111'11 J II~ 0'f'01::l N01S~NI^1l : I J I 9- zzOoi0.::> wOow u z lE~ c, u_ w mi~ 11~1 i I IIII 1 i.I r0.0 ~ to I..I'n~r w c( l 0 Ul W 0 ii: III E c( 0 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)