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Ordinance 2003-54 ORDINANCE NO. 03- 5._~_4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVEI,OPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8513N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL AND "A-ST" RURAL AGRICULTURAL/SPECIAL TREATMENT OVERLAY TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "ROYAL PALM INTERNATIONAL ACADEMY PUD" LOCATED ON LIVINGSTON ROAD (CR# 881) IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 162.7+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates., representing Royal Palm International Academy, 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 Sectiofl 13, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural and "A-ST" Rural Agricultural with Special Treatment Overlay to "PUD" Planned Unit Development in accordance with the Royal Palm International Academy PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8513N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~.~ day of ,~~~ ,2003. ! and Legal S6fficiency' - Ma0orie ~7 Student Assistant CounW Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C~Y, F~A . TOM HENNING, CHAIRMAN This ordinance filed wlth the P UDZ-2002-A R-2944/FR/sp ROYAL PALM ACADEMY PLANNED UNIT DEVELOPMENT 162+ Acres Located in Section 13, Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: Naples Education, Incorporated 6000 Livingston Road Naples, FL 34110 And Royal Palm Academy, Incorporated PREPARED BY: Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 And D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via del Rey Bonita Springs, F1 34134 DATE FILED DATE APPROVED BY CPCC DATE APPROVED BY BCC ORDINANCE NUMBER 9/23/03 03-54 EXHIBIT "A" TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI EXHIBIT A EXHIBIT B LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION PROJECT DEVELOPMENT CAMPUS AREA RESIDENTIAL AREA PRESERVE AREA DEVELOPMENT COMMITMENTS PUD MASTER PLAN SURFACE WATER MANAGEMENT PLAN PAGE I-1 II-1 III- 1 IV-1 V-I VI-1 9/19/03 ii STATEMENT OF COMPLIANCE Royal Palm Academy, Inc., referred to as Royal Palm Academy or the Developer, . intends to create a Planned Unit Development on approximately 162.7 acres of land located in Section 13, Township 48 South, Range 25 East, Collier County, Florida. The name of the Planned Unit Development (PUD) shall be Royal Palm Academy PUD. The development of the Royal Palm Academy PUD will be in compliance with the planning goals and objectives of Collier County as established in the Growth Management Plan. The development will be consistent with the policies of the land development regulations adopted under the Growth Management Plan and applicable regulations for the following reasons: The subject property is located within the Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map. The density provided for in the Royal Palm Academy PUD complies with the Future Land Use Element (FLUE) of the Growth Management Plan, since the density of 3.4 dwelling units per acre does not exceed the base density of 4 dwelling units per acre and the site is not eligible for bonuses or subject to reductions. In addition, the Urban designation allows for a variety of community facilities, such as schools. o The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Improvements are planned to be in compliance with the applicable land development regulations as required in Objective 3 of the FLUE, except as may be modified in this PUD document All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance as required in Objective 2 of the FLUE. o The design of Royal Palm Academy PUD protects the function of the existing drainage features and natural groundwater aquifer recharge areas as required in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. o This project shall be subject to applicable Sections of the Land Development Code (LDC) and Growth Management Plan at the time of development order approval, except as otherwise provided herein. 9/19/03 iii 1.1 PURPOSE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.2 Section I sets forth the location and ownership of the property, and describes the existing conditions of the property proposed to be developed under the project name Royal Palm Academy PUD. LEGAL DESCRIPTION The subject property being 162.7 acres more or less, is described as: PARCEL I-A A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE RUN S 88051'53" W, ALONG THE SOUTH LINE OF SAID SECTION 13, FOR A DISTANCE OF 1325.25 FEET; THENCE RUN N 00°06'21'' W FOR, A DISTANCE OF 1342.12 FEET TO THE POINT OF BEGINNING; THENCE RUN S 88051'35'' W, FOR A DISTANCE OF 1988.19 FEET; THENCE N 00°11'06" W, FOR A DISTANCE OF 673.98 FEET; THENCE RUN S 88054'24'' W, FOR A DISTANCE OF 663.00 FEET; THENCE RUN S 00°12'24'' E, FOR A DISTANCE OF 674.52 FEET; THENCE S 88°51'35"W, FOR A DISTANCE OF 1325.51 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 13; THENCE N 00015'00'' W, ALONG THE WEST LINE OF SAID SECTION 13, FOR A DISTANCE OF 1251.18 FEET; THENCE RUN N 88°57'12'' E, FOR A DISTANCE OF 2900.77 FEET; THENCE RUN S 54°00'51" E, FOR A DISTANCE OF 262.56 FEET; THENCE RUN S 58022'58'' E, FOR A DISTANCE OF 335.05 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 184.00 FEET, THROUGH A CENTRAL ANGLE OF 86°33'16", SUBTENDED BY A CHORD OF 252.27 FEET AT A BEARING OF N 78020'24'. E, FOR AN ARC LENGTH OF 277.96 FEET TO THE END OF SAID CURVE AND A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE RUN S 60°51'19'' E, FOR A DISTANCE OF 383.11 FEET; THENCE RUN S 00°06'21'' E, FOR A DISTANCE OF 759.51 FEET TO THE POINT OF BEGINNING~ CONTAINING 96.705 ACRES, MORE OR LESS. AND PARCEL 1-B A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 9/19/03 I- I COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE RUN N 00°04'15'' W, ALONG THE EAST LINE OF SAID SECTION 13, FOR A DISTANCE OF 450.05 FEET TO THE POINT OF BEGINNING, THE SAME BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD AND THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 36024'45'', SUBTENDED BY A CHORD OF 1279.34 FEET AT A BEARING OF N 18017'26'' W, FOR AN ARC LENGTH OF 1301.12 FEET; THENCE RUN N 00°04'15'' W, FOR A DISTANCE OF 658.59 FEET; THENCE RUN N 33°36'24'' E, FOR A DISTANCE OF 378.62 FEET; THENCE RUN N 00002'40'' E, FOR A DISTANCE OF 42.69 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 13; THENCE RUN N 88°57'12'' E, ALONG SAID NORTH LINE, FOR A DISTANCE OF 189.98 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 13; THENCE S 00°04'15'' E, ALONG THE EAST LINE OF SAID SECTION 13, FOR A DISTANCE OF 2234.80 FEET TO THE POINT OF BEGINNING, CONTAINING 11.937 ACRES, MORE OR LESS. AND PARCEL 2-A A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE RUN S 88°51'53" W, ALONG THE SOUTH LINE OF SAID SECTION 13, FOR A DISTANCE OF 275.05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 88°51'53" W, ALONG SAID SECTION LINE, FOR A DISTANCE OF 1050.20 FEET; THENCE RUN N 00°06'21'' W, FOR A DISTANCE OF 1342.12 FEET; THENCE CONTINUE N 00°06'21'' W, FOR A DISTANCE OF 759.51 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE RUN S 60°51'19'' E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 165.02 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 60047'04'', SUBTENDED BY A CHORD OF 1793.33 FEET AT A BEARING OF S 30027'47'' E, FOR AN ARC LENGTH OF 1880.28 FEET TO THE END OF SAID CURVE; THENCE RUN S 00°04'15'' E, FOR A DISTANCE OF 454.68 FEET TO THE POINT OF BEGINNING, CONTAINING 39.318 ACRES, MORE OR LESS. AND PARCEL2-B A PARCEL OF LAND LYING IN THE SOUTH I/2 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 9/19/03 COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE RUN N 00°04'15" W, ALONG THE EAST LINE OF SAID SECTION 13, FOR a DISTANCE OF 2684.85 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 13; THENCE RUN S 88°57'12'' W, ALONG THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 13, FOR A DISTANCE OF 189.98 FEET TO THE POINT OF BEGINNING; THENCE RUN S 00002'40'' W, FOR A DISTANCE OF 42.69 FEET; THENCE RUN S 33036'24'' W, FOR A DISTANCE OF 378.62 FEET; THENCE RUN S 00°04'15'' E, FOR A DISTANCE OF 658.59 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD, THE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST WHOSE RADIUS POINT BEARS S 53°30'13" W, A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE I-2 1.3 LEFT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 24°21'31", SUBTENDED BY A CHORD OF 863.87 FEET AT A BEARING OF N 48040'33" W, FOR AN ARC LENGTH OF 870.41 FEET TO THE END OF SAID CURVE; THENCE RUN N 60°51'19'' W, FOR A DISTANCE OF 774.19 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 2°32'47", SUBTENDED BY A CHORD OF 78.76 FEET AT A BEARING OF N 59°34'55" W, FOR AN ARC LENGTH OF 78.77 FEET TO THE END OF SAID CURVE, THE SAME BEING A POINT ON THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 13; THENCE RUN N 88°57'12" E, ALONG SAID NORTH LINE, FOR A DISTANCE OF ! 601.90 FEET TO THE POINT OF BEGINNING, CONTAINING 14.772 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PROPERTY OWNERSHIP The property is currently owned by Naples Education, Inc., and Royal Palm Academy, Inc. 1.4 GENERAL DESCRIPTION OF PROPERTY Ao The project is located in Section 13, Township 48 South, Range 25 East and is generally bordered on the north by Agriculturally zoned land that is undeveloped, on the east by Livingston Road; on the south by Madeira PUD and Imperial Golf Estates zoned RSF-3 and undeveloped land zoned RSF-3 and Agriculture, and on the west by Imperial Golf Estates zoned RSF-3. A 235 to 260 foot wide FPL easement overlaps the property along its eastern boundary. Livingston Road, which has a 275-foot wide right-of-way, runs parallel along the eastern property line then curves to the northwest bisecting the PUD. Bo The zoning classification of the subject property at the time of PUD application is Agriculture (A) with portions having a Special Treatment (ST) overlay. A conditional use approval for the existing Royal Palm Academy has also been authorized. 9/19/03 Do Eo Fo Site elevations range from 10.6 to 13.8 FT, NGVD. According to FEMA/FIRM Map Panel Number 120067 0195 D, dated June 3, 1986, the property is located within Zone X. Soils on the site generally include Hallandale fine sand and Boca, Rivera, Limestone Substratum and Copeland fine sand depressional. Existing vegetation on the site consists of melaleuca, Brazilian Pepper, palmetto prairie, pine flatwoood, cypress, Cabbage Palm and disturbed lands. Wetland areas have been heavily impacted by melaleuca. According to the Collier County Drainage Atlas, the site is located in the Cocohatchee River Basin. The northern portion of the'site is located in the Imperial Drainage Outlet Sub-Basin; the southern portion of the site is located in I-3 the Palm River Canal Sub-Basin. The conceptual water management plan is depicted in the Surface Water Management Report which accompanied the rezone application submittal. 1.5 SHORT TITLE This Ordinance is known and cited as the "Royal Palm Academy Planned Unit Development Ordinance". 9/19/03 I-4 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 2.2 2.3 Section II delineates and generally describes the plan of development and identifies relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF THE PROJECT .A. Royal Palm Academy PUD is a mixed-use project and will consist of four development parcels and multiple preservation areas. Categories of land uses include those for educational campus, residential and preserve areas. The main portion of the school campus will be located in the center of the property west of Livingston Road. The Residential areas are designed to accommodate a variety of housing types. The overall project density is approximately 3.4 dwelling units per acre and the maximum units permitted in the PUD shall be 550 units. Exhibit A depicts the PUD Master Plan. The PUD Master Plan includes a table that summarizes land use acreage. The location, size and configuration of individual tracts shall be determined at the time of preliminary and final subdivision plat approval. COMPLIANCE WITH COUNTY ORDINANCES ho Regulations for development of Royal Palm Academy PUD shall be in accordance with the contents of this Document, Planned Unit Development District and other applicable sections and parts of the Collier County LDC and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the LDC shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Co Unless modified, waived or excepted from this PUD Document or associated exhibits, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. 9/19/03 II- 1 2.4 LAND Development permitted by the approval of this petition will be subject.to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the LDC. USES 2.5 mo LAKE A. Bo Land uses are generally depicted on the PUD Master Plan, Exhibit A. The specific location and size of individual tracts and the assignment of square footage or units shall be determined by the developer at the time of site development plan approval, preliminary subdivision plat approval, or final subdivision plat approval subject to the provisions of Section 2.7.3.5 of the Collier County LDC. Infrastructure, not including roads, located internal to the PUD may be either public, private or a combination of public and private, depending on location. design and purpose. Roads internal to the education campus shall be private. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise approved during subdivision approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. SITING Lakes have been preliminary sited on the PUD Master Plan and are subject to change based upon final surface water management permitting by the South Florida Water Management District, and site plan design criteria. Fill material from lakes is planned to be utilized within the PUD; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the Developer wishes to remove additional fill from the site, a commercial excavation permit shall be required. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County Staff at time of final construction plan approval: Lakes (control elevation) shall be setback a minimum of thirty (30) feet from the right-of-way of Livingston Road and perimeter property lines. except that the lake located within the 38+ acre preserve area may be located twenty (20) feet from the northern perimeter property tine. 9/19/03 II-2 2.6 2.7 USE OF RIGHTS-OF-WAY The Developer may utilize land within the rights-of-way within the PUD for landscaping, decorative entranceways, and unified signage. This utilization is subject to review and administrative approval during the development review process by the Community Development and Environmental Services Administrator for engineering and safety considerations. MODEL HOMES SALES OFFICE AND CONSTRUCTION OFFICE mo Model Homes Sales offices, construction offices, temporary school offices, and other uses and structures related to the promotion and sale of real estate or the school such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout the Royal Palm Academy PUD. These uses shall be subject to the requirements of Sections 2.6.33.and Division 3.3 of the LDC. Model Homes may be permitted in multi-family and townhome buildings. Up to one 8-unit building per phase may be utilized for wet or dry models, subject to the time frames specified in Section 2.6.33 of the LDC. 2.8 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application pursuant to Subsection 2.7.3.5.6 of the LDC. 2.9 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the development parcels may be accomplished in phases to correspond with the planned development of the property. 2.10 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS A minimum of 30% of the project shall be devoted to usable open space. A minimum of 25% of the on-site native vegetation shall be retained, consistent with Section 3.9.5.5.3 of the LDC as conceptually shown as preserve areas on the Exhibit "A", Conceptual PUD Master Plan. In conjunction with the residential phase(s) of construction, a minimum of four (4) _+ acres of preserve area shall be shown on the applicable SDP or plat for that residential component lying west of Livingston Road. 9/19/03 II-3 2.11 2.12 2.13 2.14 COMMON AREA MAINTENANCE One or more property owner's associations (POA) will provide most common area maintenance. The POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving Royal Palm Academy PUD, in accordance with any applicable permits from the South Florida Water Management District. DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. 1. Individual Projects a) Site Planning: Each distinct project within the PUD will provide an aesthetically appealing, identifiable path of entry for pedestrians and vehicles. The orientation of buildings and structures will be sensitive to adjacent land uses and the surrounding community. b) Landscaping: Where applicable, plantings along public rights-of way will be complimentary to streetscape landscaping. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS mo Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the PUD. Bo The maximum fence, wall or berm height internal to the PUD shall be eight (8) feet, not including those portions of walls incorporated into project identification signs. The maximum fence height shall be measured relative to the greater of the crown of the adjacent roadway or the adjacent minimum finished floor, as applicable. Perimeter Buffers shall maintain a minimum 50% of the required buffer width as a vegetative planting shelf (maximum. 10:1 slope) and return to grade .shall be permitted at a 3:1 slope, or a maximum 2:1 slope when planted with native grasses (at 3 feet on center). SIGNAGE A. GENERAL Signage shall be consistent with the LDC except as provided below: 9/19/03 II-4 B; 1. Each platted parcel shall be considered a separate parcel of land. o Signs and decorative landscaped entrance features within a County dedicated right-of-way shall require a fight-of-way permit subject to the review and approval of the County. 3. All signs shall be located so as not to cause sight line obstructions. The Royal Palm Academy shall be permitted one off-site ground sign which may be located within the Collier County Public Schools access roadway and shall be no greater than 60 square feet in area. PROJECT ENTRY SIGNS Two ground or wall-mount entrance signs maybe located at each project entrance on Livingston Road including both sides of the entrance fight-of- way and in the entry median. Such signs may contain only the name of the subdivision, and the insignia or motto of the development. No sign face area may exceed 80 square feet and the total sign face area of Entrance Signs may not exceed 160 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. Co o The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet; a deviation from 10 feet as required by Section 2.5.5.1.1.2. of the LDC. Entrance signs may not exceed a height of 8 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. ON-PREMISES SIGNS A maximum of two residential and community facilities entrance signs may be located at each subdivision entrance including both sides of the entrance street and within the entry median. Setbacks from internal road right-of-way shall be zero feet (0 feet) a deviation from 10 feet as required by Section 2.5.5.1.1.2. of the LDC. Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the residential property. Individual signs shall be a maximum of 80 square feet per sign face area. Such signs shall have a maximum height of 8 feet. 9/19/03 II-5 2.15 The education campus area shall be permitted on-premises directional signage without restriction to number of signs to facilitate on-site pedestrian and vehicular movement, unless the signage is visible from any public right-of-way in which case said signage shall be in compliance with Division 2.5 of the LDC. D. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. shall be designed to reflect a common architectural theme, in accordance with Subsection 3.2.8.3.19. of the LDC. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS mo The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. Co The Developer shall construct a minimum five (5) foot wide sidewalk from Livingston Road to the project entry, along the south side of the Collier County Public Schools access road. The following substitutions are requested: 1. Subsection 3.2.8.3.17 of the LDC, Sidewalks, bike lanes and bike paths a° Sidewalks shall be provided throughout the campus area to provide pedestrian links between campus uses. The location of sidewalks within the campus area shall be shown on the final site development plan. bo A 5-foot wide sidewalk shall be provided on one side of each residential street. Subsection 3.2.8.4.16. of the LDC, Streets and access improvements a. Subsection 3.2.8.4.16.5 of the LDC, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet, a deviation from the 60 foot width required, by Appendix B of the LDC, Typical Street Sections. Drive aisles serving multi-family tracts shall not be required t.o meet this standard. Streets and drive aisles shall meet applicable NFPA criteria. 9/19/03 1I-6 b. Subsection 3.2.8.4.16.6 of the LDC, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. c. Subsection 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty-five (25) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. Subsection 3.2.8.3.6 (b) 3 of the LDC, Vegetation Removal and Site Filling Permits Vegetation Removal and site clearing: the developer may clear and fill the entirety of each phase of an approved final site plan or plat, in conjunction with infrastructure improvement, not to exceed a maximum of 25 acres per phase. 2.16 GENERAL PERMITTED USES mo Certain uses shall be considered general permitted uses throughout the Royal Palm Academy PUD except in the Preserve Areas. General permitted uses are those uses that generally serve the entire PUD or distinct projects there within. B. General Permitted Uses: o Essential services as set forth under LDC, Section 2.6.9.1. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Guardhouses, gatehouses, and access control structures. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, subject to a Temporary Use Permit. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.13 of this document. Signage. 9/19/03 II-7 3.1 PURPOSE SECTION III CAMPUS "C" DEVELOPMENT AREA 3.2 Section III establishes permitted uses and development regulations for areas within the Royal Palm Academy PUD that are designated Campus "C" on the PUD Master Plan. GENERAL DESCRIPTION 3.3 3.4 Areas designated as "C" on the PUD Master Plan occupy 50+ acres and are designed to accommodate a full range of educational, social, religious and recreational opportunities for students from pre-kindergarten through high school. Student population is estimated at 1,250 students. PERMITTED USES AND STRUCTURES A. Principal Uses and Structures 2. 3. 4. 5. 6. 7. Schools, Private (Pre-K through grade 12) Administrative Offices Chapel - incidental to private school function Rectory Cafeteria and food services Residential dwellings, consistent with Section IV of this PUD Recreational Uses, including but not limited to gymnasiums, tennis courts, basketball courts, natatorium, playgrounds and athletic fields. B. Accessory Uses and Structures Uses and structures that are accessory and incidental to uses permitted in this PUD including but not limited to miscellaneous recreational uses, architectural features, and on-site housing for teachers and staff. DEVELOPMENT STANDARDS A. Minimum Lot Area: None required. B. Minimum Lot Width: None required. 9/i 9/03 III- 1 Co Eo Minimum Yard Requirements: 1. Front Yard, internal roadways or drives: Five (5) Feet 2. From Livingston Road ROW: Thirty (30) Feet 3. From Collier County Public Schools access road: Thirty (30) Feet 4. From PUD Perimeter: Thirty (30) Feet 5. From Preserve Boundaries: Principal Structure ,Accessory Structure Twenty-five (25)* feet Ten (10) feet Twenty-five (25) foot minimum principal structure setback, may be reduced to an absolute minimum of twenty (20) feet to protect native vegetation as approved during the platting and/or SDP process. Maximum Building Height: Fifty (50) feet except for attached steeples, spires, cupolas or related architectural features, which may be a maximum of seventy five (75) feet. Required Parking: Parking for all permitted uses in the campus area shall be provided based on the following standards: ao co School (Pre K thru grade 8) - 5 spaces per 4 faculty members. School (grade 9 thru grade 12) - 1 space per faculty member, plus 1 space per 5 students. No additional parking shall be required for outdoor recreational facilities, administrative offices, chapel, and other permitted uses in the Campus Area. 2 Up to 20 percent of the required parking or up to 70 percent of the parking exceeding the minimum requirements of this Section may be surfaced with grass or lawn with a stabilized subgrade. 9/19/03 III-2 4.1 4.2 4.3 SECTION IV RESIDENTIAL "R" DEVELOPMENT AREAS PURPOSE Section IV establishes permitted uses and development regulations for areas within the Royal Palm Academy PUD that are designated Residential "R" on the PUD Master Plan. GENERAL DESCRIPTION Bo Areas designated as "R" on the PUD Master Plan are designed to accommodate a broad range of residential types, recreational uses, essential services, and customary accessory uses. Acreage is based on a conceptual design. Actual acreage of the development and preserve areas shall be established at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the Collier County LDC. Areas designated as "R" accommodate internal roadways, open space, parks and amenity areas, lakes and water management facilities, and other similar facilities that are accessory or customary to residential development. Areas designated as "R" are intended to provide a maximum of 550 dwelling units. PERMITTED USES AND STRUCTURES A. Principal Uses and Structures Bo 2. 3. 4. 5. 6. Single-family detached dwelling units. Single-family patio and zero lot line dwellings. Single-family attached and townhouse dwellings. Two-family and duplex dwellings. Multiple-family dwellings. The existing school campus shall be relocated to the area designated Campus "C" on the conceptual master plan, concurrent with phases of construction and building completion of the 2na classroom building. Accessory Uses and Structures 2. 3. 4. Common area recreational facilities. Gatehouses. Temporary sales facilities. Uses and structures that are accessory and incidental to uses permitted in this area. 9/19/03 IV-I 4.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. Required Parking: Parking within the residential area shall be provided based on the following standards: 1. Single-family house, townhouse, multi-family dwelling unit - 2 spaces per unit. Co Do Recreation Facilities - 2 spaces per court, 1 per 600 square feet of building area, 1 per 200 square feet of pool water area. No additional parking spaces shall be required for outdoor playground facilities. Up to 10 parking spaces per recreational, facility may be directly loaded off a private roadway serving the recreational area. Temporary Model Sales Facility - minimum 6 parking spaces per building. Parking for models or temporary sales facilities shall be permitted to back directly onto private roadways serving the units. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Royal Palm Academy PUD, shall be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during the site development plan approval as set forth in Division 3.3. of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. 9/19/03 IV-2 TABLE I ROYAL PALM ACADEMY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS Permitted Uses and Single Patio & Zero Two Family Single Family Multi-Family Standards Family Lot Line And Duplex Attached and Dwellings Detached Townhouse Minimum Lot Area 5,000 SF 5,000 SF 3,500 SF 1,700 SF NA Minimum Lot Width 50' 40' 35' 17' 90' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard Setback*t 20' 20' 20' 20' 20' Side Yard Setback*~ 6' 0' or 6' 0' or 6' 0' or 6' 15' Rear Yard Setback*.2 15' 15' 15' 15' 15' Livingston Road R-O-W Setback*****.7 20' 20' 20' 20' 20' Rear Yard Accessory Setback*.2 10' 10' l 0' 10' 15' Preserve Setback***.4' 6 Accessory 10' 10' 1 O' 10' 10' Principal 25' 25' 25' 25' 25' Maximum Building 2 Stories 2 Stories 2 Stories 2 Stories 3 Stories Height ***3 or 35' or 35' or 35' or 35' or 45' Distance Between*****~ Principal Structures 12' 0' O' 0' 20' Floor Area Min. (SF) 1000 SF 1000 SF 1000 SF 850 SF 750 SF All distances are in feet unless otherwise noted. ,I Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C. If the parcel has frontage on two sides, setback is measured from the side with the longest frontage with the other frontage designed as a side yard. B. For structures with side entry garages, the ~ninimum front yard may be reduced to 12% **2 Rear yards for principal and accessory structures on lots and tracts which abut lake. or open space may be reduced to 0' feet; however, a reduced building setback shall not reduce the width of any required landscape buffer, as may be applicable. ***3 Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. ****4 For purposes of this Section, accessory structures shall include but not be limited to attached screen enclosures and roofed lanais. *****5 Building separation may be zero (0) feet with a minimum building separation of twelve (12) feet between detached structures. Detached garages may be separated by a minimum of ten (10) feet. ******6 Twenty-five (25) foot minimum principal structure setback may be reduced to an absolute minimum of twenty (20) feet to protect native vegetation as approved during the platting and/or SDP process. *******7 No principal structure shall be located within 5' of a required landscape buffer. 9/19/03 IV-3 5.1 5.2 5.3 5.4 SECTION V PRESERVE "P"AREAS PURPOSE Section V establishes permitted uses and development regulations for areas within the Royal Palm Academy PUD that are designated as Preserve "P" on the PUD Master Plan. GENERAL DESCRIPTION Areas designated as "P" on the PUD Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: B. Permitted Principal Uses and Structures 2. 3. 4. Boardwalks and nature trails (excluding asphalt paved trails). Water management facilities. Educational kiosks and shelters. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Preserve Area. PRESERVE AREA ADJUSTMENTS The proposed preserve areas depicted on the Royal Palm Academy PUD Master Plan are intended to meet the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservation areas at the time of preliminary plat or site development plan approval based on jurisdictional agency permit requirements. If adjustments are needed, the Developer will have the option to increase the preservation in other areas, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The Preserve area shall consist of a minimum of 39 acres of native vegetation. 9/19/03 V- 1 6.1 PURPOSE SECTION VI DEVELOPMENT COMMITMENTS 6.2 The purpose of this Section is to set forth the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC shall apply to this project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. 6.3 The Developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD 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 Document. PUD MASTER PLAN 6.4 mo Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County LDC, amendments may be made from time to time. SCHEDULE OF DEVELOPMENT/MONITORING REPORT mo The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the LDC. Bo Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 9/19/03 VI- 1 6.5 ENGINEERING 6.6 6.7 Ao This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Bo Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County LDC, Division 3.2. Subdivisions. SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The project will be permitted with the South Florida Water Management District and copies of the applicable permits and plans, which have been approved by SFWMD, will be provided to Collier County prior to issuance of applicable County permits. B. Lakes shall be designed in accordance with the SFWMD permit. Co Final construction plans will be reviewed and approved by Collier County Engineering Services Staff. UTILITIES 6.8 Ao Co Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. A portion of the project is located within Collier County Wellfield Protection Zone WS/4. Development within the Royal palm Academy PUD shall be consistent with Division 3.16, Groundwater Protection of the LDC. TRAFFIC The development of this PUD Master Plan shall be subject to and governed by the following conditions: 9/19/03 VI-2 Bo All traffic control devices used shall be in accordance with the traffic control standards as adopted by the Florida Department of Transportation (FDOT), and as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. All traffic speed limit postings shall be in accordance with the Speed Zoning Manual, as amended, and as adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. H° Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy. External and internal improvements determined by Collier County Staff to be essential to the safe. ingress and egress to the development shall not be considered for impact fee credits. Road Impact Fees shall be paid in accordance with Collier County Ordinance 2001-13, as amended. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change, as determined by Collier County Staff. The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues and roadway capacity problems. The previous conditions notwithstanding, the County acknowledges that access to a public road will be maintained at all times and the County is prohibited from denying access to a public road. Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and LDC, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues and roadway capacity problems. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of nor lack of a future median opening be the basis for any future cause of action for damages against the County by the Developer(s), its successor(s) in title, or assignee(s). The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Notwithstanding standards otherwise specified in this 9/19~03 VI-3 Jo Ko Mo Po document pedestrian and bicycle travel ways will be separated from vehicular traffic areas in accordance with recognized standards and safe practices. The Developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent certificate of occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s), as determined by Collier County Staff. All work within Collier County right-of-way shall meet the requirements of Collier County Ordinance No. 93-64. All internal access(es), drive aisles and sidewalk(s) not located within the County right-of-way shall be privately maintained by an entity created by the Developer(s), its successor(s) in title, or assignee(s). The Developer shall pay its fair share cost of traffic signals required at the project access points. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. There shall be a full access intersection at the primary entrance to the school on Livingston Road. When justified by traffic warrants, this intersection shall be signalized. The Developer is not obligated to permit or construct Marquis Boulevard. However, in the event that Marquis Boulevard is constructed by a third party, any excess mitigation credits owned by the Developer shall be made available to the third party for use in permitting and constructing Marquis Boulevard if such credits are permitted to be utilized by applicable governmental agencies. An access and utility easement in the general area depicted on the conceptual PUD Master Plan, located along the northern property line and east of Livingston Road, shall be conveyed to the property owners to the north, provided that the Developer's share of the cost of constructing any roadways, landscaping and utilities within the easement is not greater than 1/3 the actual cost of constructing the roadway, landscaping and utilities. 9/19/03 VI-4 6.9 PLANNING Pursuant to Subsection 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.10 ENVIRONMENTAL mo An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, shall be submitted to Environmental Services Staff for review and approval prior to Final Site Development Plan/Construction Plan approval for all parcels included on that project. Bo A minimum of thirty (30) percent of the gross site area shall be open space, as described in Section 2.6.32 of the LDC. A minimum of 39 acres of native vegetation shall be retained within the PUD. Co Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetlands in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Review Staff. The petitioner shall comply with the guidelines and recommendations of the US Fish and Wildlife Service (USFWS and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species and their habitats on site. A Habitat Management Plan for those species shall be submitted to Environmental Services staff for review and approval prior to final site plan/ construction plan approval. At a minimum, a plan shall be provided for woodstorks that were observed on site. Setbacks from preserves shall be as required in the Royal Palm Academy PUD, Table 1. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Go A current gopher tortoise survey shall be submitted prior to the first development order approval. A gopher tortoise management plan may be required at this time. 9/19/03 VI-5 G.4~ IIT.~PA~'ONIN .............. Exhibit "A" 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 2003-54 Which was adopted by the Board of County Commissioners on the 23rd day of September, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of September, 2003. DWIGHT E. BROCK .- ~''¥~,.~ . Clerk of Courts and Clerk'~. Ex-officio to Board~of.... ..? County Commissioners ~ ~ By: Patricia L'~ ~organ, Deputy Clerk