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
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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:
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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.
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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:
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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
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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
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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.
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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
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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
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The landowners shall proceed and be governed according to the time limits
pursuant to Section 2.7.3.4 of the LDC.
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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
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This project shall be required to meet all County Ordinances in effect at the time
final construction documents are submitted for development approval.
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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.
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Final construction plans will be reviewed and approved by Collier County
Engineering Services Staff.
UTILITIES
6.8
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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
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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
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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
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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.
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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.
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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.
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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