Ordinance 2006-01
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
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:
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FRA ,l'KMAN
eput lerk
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Assistant County Attorney
PlJDZ-A-2004-AR -5431/HW Isp
This ordinance filed with the
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and ocknowledgem tho<
fill received this day
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Page 2 of2
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
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
,
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.
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
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
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.
"
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
..!(, 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
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
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
,
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
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
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
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.
"
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. 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
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) feet
Side Yard:
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
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
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
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
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
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
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
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
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
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
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
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
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
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........................", _. ................_ _"'""..."....u'"_....-'''''...'''''',,.
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~:;?<r
Ex-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 '. '~"':.:, ,.'