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Agenda 01/24/2012 Item #17AProposed Agenda Changes Board of County Commissioners Meeting January 24, 2012 Page 2 Move Item 17A to Item 8B: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ -PL- 2011 -2115 Community School of Naples CFPUD. An ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Community Facility (CF) zoning district to a Community Facility Planned Unit Development (CFPUD) zoning district for the project known as Community School of Naples CFPUD, located at 13275 Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida consisting of 73 +/- acres subject to conditions; by providing for the repeal of Ordinance Numbers 2000- 06 and 2004 -33, as amended; and by providing an effective date. (Commissioner Hiller's request) Move Item 17E to Item 80 Recommendation to adopt an amendment to Ordinance No. 2011 -07, the Flood Damage Prevention Ordinance (FDPO) with an effective date of March 30, 2012. (Commissioner Hiller's request) Note: 1/24/2012 Item 17.A. _M PUDZ -PL -2611 -2115 Comity School of Naples CFPUD. An ordinance of the Board of County Commissioaers.of Collier County, Florida amending Ordinance Number 2©0441, As 'amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by chal>tging the zoning class eatioa;of the bwein described real property from a Community Facility (CF) zoning district to a Community Facility Planned Unit Development ( CFPUD) zoning district for the project known as Community School of Naples CFPUD, located at 13275 Livingston Road in Section 12, Township- 49 South, Range 25 East, Collier County, Florida consisting of 73 +/. acres subject to conditions; by - providing for the repeal of Ordinance umbers 2060 -66 and 2OW331, as amended; and by providing an effective date. To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with _the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this Planned Unit Development petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting a rezone from the current CF zoning district to the proposed CFPUD zoning district for a project to be known as the Community School of Naples CFPUD. The purpose of the rezone can best be described as an action to reflect the actual site conditions. The petitioner submitted a Site Development Plan Amendment (SDPA) to add a wing to the existing Upper School. The application was rejected because the proposed building height was 32 feet, while the maximum building height in the CF zoning district is 30 feet. Staff research indicated that other existing buildings on. the campus also exceeded the maximum building height. The petitioner decided to abate the situation by creating a CFPUD with development standards identical to the CF zoning district, except for the maximum zoned building height, which is proposed as 45 feet, to address the tallest existing structure. The Community School of Naples CFPUD will legitimize all of the existing structures on site and will permit the construction of the Upper School wing with a roofline matching the existing school. ACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, ,in order le 1 to meet the requirements of emcurrency management, the developer of every local development Community Sd vol of Naples CFPLA PUDZ -PL- 2011 -2115 Page 1 of s BCC Hearing Date January 24, 2012 Packet Page -2353- 1/24/2412 Item W.A. order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other few collected prior to issuance of a building permit include building'. permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH NANAGE.MOT PLA�t = ACCT: The GMP is the prevailing document to support land use decisions such as this proposed Rezone application. Staff is,required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and the FLUM designation is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County GMP as discussed in the attached CCPC Staff Report. Staff believes that the proposed Rezone may also be found consistent with the GMP Transportation Element and the Conservation and Coastal Management Element. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. CO R Gfl_, PI.t NNiJ CO1V S SON (C PC) RECO1V=NUA, T_ON The CCPC heard this petition on December 15, 2011. A motion was made by Commissioner Ahern, seconded by Commissioner Klein and, by a vote of 9 to 0, the CCPC forwarded this petition to the BCC with a recommendation of approval subject to the following changes to be made to the PUD document: 1. Master Plan: a. Eliminate Note 3. b. Add the Preserve Matrix. 2. Add the Actual Height to the Development Standards Table. 3. Revise the wording of Deviation number 3 to more correctly reflect the buffer. These revisions have been incorporated into the PUD document that is included in the draft ordinance. Because the CCPC recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is a rezone from CF to PUD. The burden falls ,upon the applicant to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. COMM* Sdx)d of Naples CFPUD, PUDZ -PL 2011 -2115 Page 2 of 5 BcC Hearing Date January 24, 2012 Packet Page- -2354 �, n, 1/24/2012 Item 17.A. Criteria for PUD Rezones Ask .yourself the following questions The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Community School of Naples CFPUD, PUDZ -PL- 2011 -2115 Page 3 of 5 BCC Hearing Date January 24, 2012 .Packet Page -2355- 1/24/2012 Item 17.A. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in n accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? Community School of Naples CFPUD, PUDZ -PL- 2011 -2115 Page 4 of 5 BCC Hearing Date January 24, 2012 Packet Page -2356- 1/24/2012 Item 17.A. n The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is required for Board approval. (STV) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Fred Reischl, AICP, Senior Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation. Attachments: 1) Staff Report 2) Back -up information 3) Ordinance Community School of Naples CFPUD, PUDZ -PL- 2011 -2115 BCC Hearing Date January 24, 2012 Packet Page -2357- Page 5 of 5 COLLIER COUNTY Board of County Commissioners Item Number: 17.A. 1/24/2012 Item W.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. of Collier County, Florida amending Ordinance Number 2004 -41, as amended, PUDZ - PL2011- 2115 Community School CFPUD An ordinance of the Board of County Commissioners he Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Community Facility (CF) zoning district to a Community Facility Planned Unit Development (CFPUD) zoning district for the project known as Community School of Naples CFPUD, located at 13275 Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida consisting of 73 +/- acres subject to conditions; by providing for the repeal of Ordinance Numbers 2000 -06 and 2004 -33, as amended; and by providing an effective date. [Coordinator: Fred Reischl, AICP, Senior Planner] Meeting Date: 1/24/2012 Prepared By Name: ReischlFred Title: Sr. Planner, Land Development Services 12/28/20112:39:08 PM Submitted by Title: Sr. Planner, Land Development Services Name: ReischlFred 12/28/20112:39:09 PM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 12/29/20112:19:44 PM Packet Page -2358- Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 1/4/2012 6:03:55 PM Name: PuigJudy Title: Operations Analyst, CDES Date: 1/5/2012 8:51:38 AM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 1/5/2012 9:46:07 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 1/9/2012 9:24:38 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/11/2012 10:21:40 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/11%2012 4:26:40 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 1/13/2012 8:26:15 AM Name: OchsLeo Title: County Manager Date: 1/14/2012 3:25:05 PM Packet Page -2359- 1/24/2012 Item 17.A. UCIT FROM: 1/24/2012 Item 17.A. Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION ZONING SERVICES —LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: DECEMBER 15, 2011 SUBJECT: PUDZ- PL2011 -2115: COMMUNITY SCHOOL CFPUD PROPERTY OWNER & APPLICANT /AGENT- Owner /Applicant: Community School of Naples, Inc. 13275 Livingston Road Naples, FL 34109 REOUESTED ACTION: Agents: Patrick Vanasse, AICP RWA, Inc. 6610 Willow Park Drive Naples, FL 34109 Richard Yovanovich, Esq. Coleman, Yovanovich & Koester, PA 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone from the Community Facility (CF) zoning district to the Community Facility Planned Unit Development ( CFPUD) zoning district. GEOGRAPHIC LOCATION: The subject property is 77t acres in size and is located in the northwest quadrant of the intersection of Pine Ridge Road and Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. PURPOSE AND DESCRIPTION OF PROJECT: The petitioner is requesting a rezone from the current CF zoning district to the proposed CFPUD zoning district for a project to be known as the Community School of Naples CFPUD. The purpose of the rezone can best be described as a corrective action to legitimize the existing site conditions. The petitioner submitted a Site Development Plan Amendment (SDPA) to add a wing to the existing Upper School. The application was rejected because the proposed building height was 32 feet, while the maximum building height in the CF zoning district is 30 feet. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 1 of 11 December 15, 2011 CCPC Revised: 11/22/11 Packet Page -2360- 1/24/2012 Item 17.A. �. Research indicated that other existing buildings on the campus also exceeded the maximum building height. The petitioner decided to abate the situation by creating a CFPUD with development standards identical to the CF zoning district, except for the maximum zoned building height, which is proposed as 45- feet, to address the tallest existing structure. The Community School of Naples CFPUD will legitimize all of the existing structures on site and will permit the construction of the Upper School wing with a roofline matching the existing school. SURROUNDING LAND USE AND ZONING: North: Osceola Trail ROW; CF — a small water - management pond associated with Osceola Trail; and across Osceola Trail, RPUD — Manchester Square residential development. East: Livingston Road ROW, across which are properties zoned Estates (E), a residential area of Golden Gate Estates commonly known as Livingston Woods. South: Pine Ridge Road ROW and property zoned Agricultural (A) used as a sports academy, a dance studio, and produce sales. West: Property zoned RSF -3 with a Provisional Use (PU, the prior name for Conditional Use) for school facilities — currently being used as Osceola Elementary School, Barron Collier High School and the School Board Administration Center; there is also a portion of the RSF -3/PU property owned by the Community School of Naples; and PUD, the Cypress Glen residential development. Aerial Photo (subject site depiction is approximate) Community School of Naples CFPUD, PUDZ- PL2011 -2115 December 15, 2011 CCPC Revised: 1122/11 Packet Page -2361- Page 2 of 11 1/24/2012 Item 17.A. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated as the Urban Mixed Use District on the Future Land Use Map of the Growth Management Plan (GMP). This district allows a variety of residential and nonresidential land uses including: parks, open space and recreational uses; and, dommunity facilities such as schools, cemeteries, group housing, libraries and community centers. Future Land Use Element (FLUE) Policy 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code." It is the responsibility of the Zoning Services staff as part of their review of the petition in its entirety to perform the compatibility analysis. FLUE Objective 7 and relevant policies are stated below (in italics); each policy is followed by staff analysis (in bold). Policy 7.1. The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The project's entrance is provided from Livingston Road, Pine Ridge Road and Osceola Trail) Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle ^ congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The CFPUD Conceptual Master Plan does provides for internal accesses within the project and contains only multiple entrances.) Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The subject site abuts a street to the north and mostly to the east. Commercial development lies to the south and southeast which is partially blocked by preserve land and an existing lake; further, interconnection does not seem appropriate given the type of land use on the subject site and that on the site to the south and southeast. To the west is an existing multi - family development and preserve lands.) Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (The Master Plan depicts a sidewalk system within the campus facility, and an external sidewalk along Livingston Road. The project includes significant open space in the form of preserves, lakes and ball fields. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 3 of 11 December 15, 2011 CCPC Revised: 11/22111 Packet Page -2362- 1/24/2012 Item 17.A. 1111N, FLUE EVALUATION CONCLUSION: Based upon the above analysis and review, Comprehensive Planning staff concludes that the proposed rezone from Residential Single Family (3) with a Provisional Use and Community Facility to Community Facility CFPUD may be deemed consistent with the FLUE. Transportation Element: Transportation Planning staff has reviewed the petitioner's application and has determined that there is no significant change triggered by the rezoning action. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the proposed rezone for compliance with the CCME and finds it consistent. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed Rezone application. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GNP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and the FLUM designation is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County GMP as discussed above. The proposed Rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the COME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Deviation Discussion: The deviations are listed in PUD Exhibit E, with the petitioner's rationale provided to support the deviation provided in the Deviation and Justification document that is included in the application material. Deviations are a normal derivative of the PUD rezoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs .... may depart from the strict application of setback height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest.... The four deviations are landscape related and are existing. They include a 15 -foot type D buffer instead of the required 20 -foot type D; a buffer on the north side of the subject property that was installed prior to the Osceola Trail land -swap; the lack of a buffer as a result of previous zoning; Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 4 of 11 December 15, 2011 CCPC Revised: 11/W11 Packet Page -2363- 1/24/2012 Item 17.A. and the fact that a portion of the buffer along Osceola Trail falls within the lake - maintenance n easement. Petitioner's Rationale: The petitioner provided the following justification for this deviation: These deviations are requested because the landscaping has been installed this way on site. This may have occurred when the property was zoned Agricultural. In addition, when the Community School exchanged property with the School Board for the construction of Osceola Trail, a portion of the north buffer became the property of the School Board. Staff Analysis and Recommendation: Staff sees no detrimental effect if these deviations are approved. Zoning and Land Development Review staff recommends APPROVAL of these deviations, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" n (Staffs responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD and believes the uses and property development regulations are compatible with the development approved in the area as limited by staff. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GAIP). Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 5 of 11 December 15, 2011 CCPC Revised: 11/22/11 Packet Page -2364- 1/24/2012 Item 17.A. Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMT. Based on those staff analyses, planning staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which eonditions.may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area, subject to the proposed development standards and project commitments. 5. The adequacy. of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The Community School is an existing facility; the proposed addition which triggered this petition, will, according to the petitioner, increase classroom space only, and will not increase the number of students. No acreage or intensity or density is being added. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking deviations which stem from the site's previous Agricultural zoning as well as prior property ownership. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of all deviations. Rezone Findings: LDC Subsection 10.03.05.1 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 6 of 11 December 15, 2011 CCPC Revised: 11/22/11 Packet Page -2365- 1/24/2012 Item 17.A. 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME. Therefore, staff recommends that this petition be deemed consistent with the GMT. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed PUD is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts, The proposed PUD creates a small area on the northern border of the property with CF zoning. The parcel is used as water management for Osceola Trail and is owned by the School Board. The parcel's zoning (CF) is closely related to the proposed CFPUD zoning district, however, this zoning action cannot rezone it, because it is not under the control of the applicant. 4. Whether existing district boundaries are illogically drawn in relation to existing n conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested to bring the building height of the existing buildings into compliance, as well as to allow the construction of an architecturally consistent addition. Without rezoning, the applicant would have to seek a variance. The applicant's request is consistent with the GMT. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed PUD, with the commitments made by the applicant, can been deemed consistent the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 7 of 11 December 15, 2011 CCPC Revised: 11/22/11 Packet Page -2366- 1/24/2012 Item W.A. or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed change involves building height only; therefore, the roadway infrastructure will continue to have adequate capacity to serve the proposed project with the mitigation that will be provided by the developer. Staff believes the petition can be deemed consistent with all elements of the GMP. 8. Whether the proposed change will create a drainage problem; Since the school is existing, the proposed PUD should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject, property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, past approvals have led to some buildings which exceed the maximum building height in the district. The petitioner could have remedied the situation Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 8 of 11 December 15, 2011 CCPC Revised: 11/22/11 Packet Page -2367- 1/24/2012 Item W.A. through the variance process, but has chosen to proceed through this rezoning action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staffs conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property is already developed as a school; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The subject site is currently developed as a school. The proposed PUD is consistent with the GMP as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION• The EAC was not required to hear this petition because no environmental issues were identified. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 9 of 11 December 15, 2011 CCPC Revised: 11 /22/11 Packet Page -2368- 1/24/2012 Item 17.A. NEIGHBORHOOD INFORMATION MEETING (NM: The NIM meeting was duly noticed by the applicant and held on November 28, 2011. The applicant was represented by Richard Yovanovich,Esquire, Patrick Vanasse, AICP and several members of the Community School staff. Fred Reischl, AICP, Collier County Senior Planner also attended. A CSN teacher, who is also a resident of neighboring Cypress Glen, asked the applicant's agent some questions informally, but did not want to stay for a meeting. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on November 30, 2011. RECOMMENDATION: The Community School of Naples is currently zoned CF, but certain buildings on site exceed the maximum building height of the CF zoning district. The Community School of Naples CFPUD incorporates all of the standards of the CF district, with the exception of an increased maximum building height. Because the proposed CFPUD is consistent with the GMP and compatible with the surrounding land uses, the Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition CU- PL2011 -2115 to the BZA with a recommendation of approval. Community School of Naples CFPUD, PUDZ- PL2011 -2115 Page 10 of 11 December 15, 2011 CCPC Revised: 11/22/11 Packet Page -2369- 1/24/2012 Item 17.A. PREPARED BY: (:7 �- eze. // -30 -11 fK�OIISCHL, AICP, NIOR PLANNER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: -d. IF 30 - tl RA ND V. BELLOWS, ZONIl-qG MANAGER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES '`.." 17- -01 —Zofl ILIAM D. LO Z, JR P.E., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK CASALANGUIDA, DE MINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the January 24, 2012 Board of County Commissioners Meeting Community School of Naples CFPUD, PUDZ- PL2011 -2115 December 15,2011 CCPC Revised: 11/22/11 Packet Page -2370- Page 11 of 11 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 1/24/2012 Item 17.A. C: d ier County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PUDZ -PL 20110002115 REV: 1 PETITION NO COMMUNITY SCHOOL OF NAPLES PROJECT NAME DATE: 11/7/11 DATE PROCESSED DUE: 12/8/11 APPLICANT INFORMA'TlON NAME OF APPLICANT(S) Community School of Naples, Inc clo Jeff Hassell ADDRESS 13275 Livingston Road CITY Naples STATE Florida ZIP 34109 TELEPHONE # 239 -597 -7575 CELL # E -MAIL ADDRESS: jehpe @comcast.net NAME OF AGENT RWA, Inc c/o Patrick Vanasse ADDRESS 6610 Willow Park Drive TELEPHONE # 239- 597 -0575 CELL # E -MAIL ADDRESS: Pvanasse @consult- rwa.com FAX # 239 - 597 -2973 CITY Naples STATE FL ZIP 34109 FAX # 239 - 597 -0578 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. February 4, 2011 Packet Page -2371- 1/24/2012 Item 17.A. Co),r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ASSOCIATIONS: Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at bffR://www.colriwoov.not/index,asox?Raqe=774 NAME OF HOMEOWNER ASSOCIATION: NIA MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: �1 MAILING ADDRESS CITY STATE ZIP February 4, 2011 Packet Page -2372- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 1/24/2012 Item 17.A. CO)�r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliermov.net Disclosure -of ,Inierest,ln #ornation` . a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address I % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownershi See attached list of Trustees February 4, 2011 Packet Page -2373- 1/24/2012 Item 17.A. E Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieruov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address I % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownershia Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address February 4, 2011 Packet Page -2374- 1/24/2012 Item 17.A. Co elr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net g. Date subject property acquired ® 11130/I z3 leased ❑ Term of lease yrs. /mos. Podon of the Northwest Quarter of ft Southeast Quarter - 09/25/03 If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION ^ Detailed leeal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township /Range 12 1149 125 Lot: Block: Subdivision: Plat Book: Page #: Property I.D. #: Metes & Bounds Description: Please see legal description 00256320000 Size of property: 3745 +/- ft. X 1100 +/- ft. = Total Sq. Ft. 3354120 Acres 77 Address/aeneral location of subject propertv: 13275 Livingston Road, Naples, Florida 34109 PUD District (LDC 2.03.06): ❑ Residential K Community Facilities ❑ Commercial ❑ Industrial February 4, 2011 Packet Page -2375- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 1/24/2012 Item 17.A. r-cover County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net ►DJACENT Zt3*11NG AND 1.A�1D <USf Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range 12 / 49 /25 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00256320000 Metes & Bounds Description: See attached legal description .. REZONE BEQUEST This application is requesting a rezone from the RSF -3 PU & CF zoning districts) to the CFPUD zoning district(s). Present Use of the Property: Private School Proposed Use (or range of uses) of the property: Private School Original PUD Name: Ordinance No.: February 4, 2011 Packet Page -2376- Zoning Land Use N RPUD Manchester Square RPUD S A, Agricufture Gymnastic Camp and Nursery E E, Estates Single Family Residential W RSF -3 PU, Cypress Glen Barron Collier High School, Condominium Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range 12 / 49 /25 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00256320000 Metes & Bounds Description: See attached legal description .. REZONE BEQUEST This application is requesting a rezone from the RSF -3 PU & CF zoning districts) to the CFPUD zoning district(s). Present Use of the Property: Private School Proposed Use (or range of uses) of the property: Private School Original PUD Name: Ordinance No.: February 4, 2011 Packet Page -2376- 1/24/2012 Item 17.A. Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliernov.net EYAI.UTATIOI±I iCR1TER�A Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.6) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. SEE ATTACHMENT A 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. SEE ATTACHMENT A 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district. oolicv or other provision.) SEE ATTACHMENT A 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. SEE ATTACHMENT A 5. The adequacy of usable open space areas in existence and as proposed to serve the development. SEE ATTACHMENT A 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. SEE ATTACHMENT A 7. The ability of the subject property and of surrounding areas to accommodate expansion. SEE ATTACHMENT A 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. SEE ATTACHMENT A February 4, 2011 Packet Page -2377- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 1/24/2012 Item 17.A. Cor County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieroov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject propert . To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes O No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the lost year? ❑ Yes ❑ No If so, please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.0.) February 4, 2011 Packet Page -2378- 1/24/2012 Item 17.A. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT �1NFOR1NA1 fON NAME OF APPLICANT(S) Community School of Naples, Inc. c/o Jeff Hassell ADDRESS 13275 Livingston Road CITY Naples STATE FL ZIP 34109 TELEPHONE # 239- 597 -7575 CELL # FAX # 239- 597 -2973 E-MAIL ADDRESS: Jehpe @comcast.net ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 13275 Livingston Road, Naples, Florida 34109 iEGAL DESCRIPTiUN Section/Township /Range 12 /49 / 25 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00256320000 Metes & Bounds Description: see attached legal description TYPE `4F SEWAGE' DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM PROVIDE NAME c. PACKAGE TREATMENT PLANT (GPD capacity) d. SEPTIC SYSTEM I 10 C TYPE OF WATER `SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM In/ b. CITY UTILITY SYSTEM F1 c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) February 4, 2011 Packet Page -2379- C Y County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION T+DTAL P9PUiL�I#TION:TO BE SERVED: 850 Students 1/24/2012 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PEAK AND,A/ERAG>~QAiLY,DEMANDS A. WATER -PEAK 12,750 gauday AVERAGE DAILY 8.500 gauday B. SEWER -PEAK t1,05o gayday AVERAGE DAILY 8,500 gaVday IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED connections are existing NARRATIVE STATEMENT Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER "COUNTY UTILITY DEDICATION ,STATEMENT; If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVWLABILITY CAPACITY. FROM OTHfR PROVIDERS. ;:Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. February 4, 2011 Packet Page -2380- 1/24/2012 Item 17.A. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieroov.net THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED_ REQUIREMENTS # OF COPIES REQUIRED 'NOT REQUIRE 1 Additional set if located in the Bayshore/Gatoway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary L3 N 11 Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download application from web for current form) ❑ ® ❑ PUD Conceptual Master Site Plan 24" x 36" and One 8 1/2" x 1 1 " cop Revised Conceptual Master Site Plan 24" x 36 "and One 8 1/2" x 11" copy ❑ X Original PUD dot ord and Master Plan 24" x 36" — ONLY IF AMENDING THE PUD Revised PUD application with changes crossed thru & underlined ❑ Revised PUD application w amended Title page w ord #'s, LDC 10.02.13.A.2 Q Justification /Rationale for the Deviations (must be on a separate sheet within the application material; lease DO NOT include it in the PUD documents) ❑ ❑ ❑ n• Deeds /Legal's & Survey (if boundary of original PUD is amended) 3 ® ❑ List identifying Owner & all parties of corporation 2 ❑X ❑ Owner /Affidavit signed & notarized 2 Q ❑ Covenant of Unified Control 2 ® ❑ Completed Addressing checklist 2 © ❑ Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 4 ❑ Historical Survey or waiver request 4 Utility Provisions Statement w /sketches 4 ❑ ❑ Architectural rendering of proposed structures 4 ❑ ❑ Survey, signed & sealed 4 © ❑ Traffic Impact Statement (TIS) with applicable fees. For TIS guidelines & procedures refer to h!lp://www.coll ie Moy.net/Index.as a e =566 7 ® ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400' 5 ❑ ❑ Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 ® ❑ Copy of Official Interpretation and /or Zoning Verification 1 ❑ School Impact Analysis Application — residential projects only (download the School Impact Analysis Application from website) 2 ❑ 0 If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas - Applicant must contact Mr. Gerry J. Locavera, State of Florida Division of Forestry @ 239 - 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. Packet Page -2381- February 4, 2011 1/24/2012 Item 17.A. ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMUNITY FACILITY (CF) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS COMMUNITY SCHOOL OF NAPLES CFPUD LOCATED AT 13275 LIVINGSTON ROAD IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 73 +/- ACRES SUBJECT TO CONDITIONS; BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 2000 -06 AND 2004- 33, AS AMENDED; AND BY PROVIDING AN EFFECTIVE � DATE. WHEREAS, RWA, Inc., representing Community School of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, located at 13275 Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida, is changed from a Community Facility (CF) Zoning District to a Community Facility Planned Unit Development (CFPUD) Zoning District for a 73 +/- acre project known as the Community School of Naples CFPUD in accordance with the CFPUD document attached Community School of Naples CFPUD / PUDZ- PL2011 -2115 Rev. 12/20/11 I of 2 Packet Page -2382- 1/24/2012 Item 17.A. hereto as Exhibit B and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance Numbers 2000 -06 and 2004 -33, as amended, which established the CF Zoning District for the subject property, are hereby repealed in their entireties. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legal sufficiency: Steven 1'. Williamse�ti Assistant County Attorney Attachments: Exhibit A — Legal Description Exhibit B — CFPUD Document 1 1 -CPS -01 123/13 FRED W. COYLE, Chairman Community School of Naples CFPUD / PUDZ- PL2011 -2115 Rev. 12/20/11 2 of 2 Packet Page -2383- 1/24/2012 Item 17.A. EXHIBIT A Legal Description A PARCEL OF LAND LYING IN THE EAST ONE- QUARTER (1/4) OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST ONE - QL:ARTER (1 /4) OF SAID SECTION 12, S89 °30'40 "E FOR 1386.36 FEET; THENCE ALONG THE WEST LINE OF THE EAST ONE- QUARTER OF SAID SECTION 12, THE FOLLOWING SIX (6) DESCRIBED COURSES: 1) THENCE N00 005'00" W FOR 75.00 FEET, TO THE SOUTHWEST CORNER OF PARCEL 106 (FEE SIMPLE) AS DESCRIBED IN OFFICIAL RECORDS BOOK 2952, PAGE 1616 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; 2) THENCE ALONG THE WEST LINE OF SAID PARCEL 106, N00 °05'00" W FOR 10.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE N00 °05'00" W FOR 1235.06 FEET; 4) THENCE NOO °05'25 "W FOR 1015.36 FEET; 5) THENCE N00 °10'26" W FOR 304.90 FEET 6) THENCE N00 029'43 "W FOR 1219.68 FEET, TO AN INTERSECTION WITH THE SOUTHERLY BOUNDARY OF OSCEOLA TRAIL (SHOWN ON SKETCH AND LEGAL DESCRIPTION PREPARED BY HOLE MONTES DATED 9/01 PROJECT NUMBER 1998149, DRAWING NUMBER B- 3404); THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID OSCEOLA TRAIL, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S89 033'47 "E FOR 200.20 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 172.82 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 34 044'38 ", AND WHOSE LONG CHORD BEARS S72 011'29 "E FOR A DIS'T'ANCE OF 170.19 FEE "1','1'0 THE BEGINNING OF A NON - TANGENTIAL CURVE, ALSO BEING A POINT ON THE BOUNDARY OF A LAKE PARCEL DESCRIBED BY HOLE MONTES DATED 2/03, PROJECT NUMBER 03.515, DRAWING NUMBER 134162; THENCE ALONG SAID LAKE PARCEL BOUNDARY, THE FOLLOWING NINE (9) DESCRIBED COURSES: 1) THENCE 7.88 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 10001'58 ", AND WHOSE LONG CHORD BEARS S80 003'03 "W FOR A DISTANCE OF 7.87 FEET; 2) THENCE S36 °05'39 "W FOR 106.66 FEET TO THE BEGINNING OF A NON- TANGENTIAL CURVE; 3) THENCE 34.38 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE, OF 43 °46'27 ", AND WHOSE LONG CHORD BEARS S24 °44'14 "E FOR A DISTANCE OF 33.55 FEET, TO THE BEGINNING OF A NON- TANGENTIAL CURVE; 4) THENCE 36.47 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 155.04 FEET, THROUGH A CENTRAL, ANGLE OF 13 028'45 ", AND WHOSE LONG CHORD BEARS S39 053'07 "E FOR A DISTANCE OF 36.39 FEET, TO THE BEGINNING OF A NON - TANGENTIAL CURVE; 5) THENCE 71.28 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 120.00 FEET, THROUGH A CENTRAL, ANGLE OF 34 002'07 ", AND WHOSE LONG CHORD BEARS S50 036'17 "E FOR A DISTANCE OF 70.24 FEET; 6) THENCE S67 °37'21 "E FOR 62.82 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 7) THENCE 59.78 FEET ALONG A CURVE, TO THE LEFT, HAVING A RADIUS OF 120.00 FEET, THROUGH A CENTRAL ANGLE OF 28 032'28 ", AND WHOSE LONG CHORD BEARS S81 053139 11E FOR A DISTANCE, OF 59.16 FEET; 8) THENCE N83 050'03 "E FOR 23.32 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 9) THENCE 54.37 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 89 °00'31 ", AND WHOSE LONG CHORD BEARS N39019'1 2"E FOR A DISTANCE OF 49.07 FEET, TO THE BEGINNING OF A NON - TANGENTIAL CURVE, ALSO BEING A POINT ON rHE SOUTHERLY BOUNDARY OF SAID OSCEOLA TRAIL; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID OSCEOLA TRAIL, THE FOLLOWING TWO (2) DESCRIBED COURSES: Community School ol'Napies PL- 201100021 IS CCPC Revisions 12/16/2011 �\ Packet Page -2384- 1/24/2012 Item 17.A. 1) THENCE 244.65 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 385.00 FEET, THROUGH A CENTRAL ANGLE OF 36 °24'34 ", AND WHOSE LONG CHORD BEARS S71 °21'30 "E FOR A DISTANCE, OF 240.56 FEET; 2) THENCE S89 °33'47 "E FOR 306.64 FEET, TO AN INTERSECTION WITH THE WESTERLY RIGHT -OF- WAY LINL OF LIVINGSTON ROAD (COUNTY ROAD 881, AS SHOWN ON THE PLANS FOR COUNTY PROJECT NUMBER 62071 DATE STAMPED 7/16/02 @ 12:29:34 PM); THENCE ALONG THE WESTERLY RIGHT -OF -WAY LINE OF SAID LIVINGSTON ROAD, THE FOLLOWING FOUR (4) DESCRIBED COURSES: [)THENCE S00 °50'38 "E FOR 134.04 FEET; 2) THENCE N89 °10'59 "E FOR 10.00 FEET; 3) TI IENCE S00 °50'38 "E FOR 783.66 FEET 1.0 A BREAK POINT AS OFFSET FROM THE EAST LINE OF SECTION 12; 4) THENCE S00 °1 7'36 "F FOR 1316.08 FEET; TI IENCE LEAVING SAID LIVINGSTON ROAD WESTERLY RIGHT -OF -WAY, N89 030'32 "W FOR 235.06 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF FLORIDA POWER AND LIGHT COMPANY UTILITY EASEMENTS AS DESCRIBED IN OFFICIAL RECORDS BOOK 162, PAGE 211 AND OFFICIAL RECORDS BOOK 429, PAGE 356 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND AS SHOWN IN ROAD BOOK 2, PAGE 98 -101 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WESTERLY BOUNDARY OF SAID EASEMENTS, S00 °17'18 "E FOR 521.25 FEET; THENCE N9903 1'12"W FOR 181.55 FEET; THENCE S00° 10'47 "E FOR 139.04 FEET, TO A POINT ON THE MONUMENTED NORTH LINE OF THE SOUTH HALF (1/2) OF THE SOUTHEAST ONE- QUARTER (1/4) OF THE SOUTHEAST ONE- QUARTER (1/4) OF SAID SECTION 12; THENCE ALONG SAID MONUMENTED NORTH LINE, N89 031'23 "W FOR 591.69 FEET, TO A POINT ON THE MONUMENTED EAST LINE OF THE WEST 100 FEET OF THE EAST ONE - QUARTER (1/4) OF SAID SECTION 12; THENCE; ALONG SAID MONUMENTED EAST LINE OF THE WEST 100 FEET OF THE EAST ONE - QUARTER (1 /4), S00 005'41 "E FOR 575.60 FEET, TO THE NORTHEAST CORNER OF SAID PARCEL 106; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 106, N89 °21'57 "W FOR 99.95 FEET, r� TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3,181,994.68 SQUARE FEET OR 73.0 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Community School ol'Naples PL-20110002115 CCPC Revisions 12/16/2011 Packet Page -2385- 1/24/2012 Item 17.A. EXHIBIT A PROJECT LAND USE TRACTS TRACT LAND USE ACREAGE+ TRACT "CF" COMMUNITY FACILITY 71.34 TRACT "P" PRESERVE 1.66 TOTAL ACREAGE 73.00 I TRACT CF PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Child care centers; 2) Civic and cultural facilities; 3) Museums; 4) Parks and playgrounds, noncommercial recreation facilities, open space uses; 5) Schools, private and parochial schools. This includes Educational Plants for public schools; n 6) Social and fraternal organizations; 7) Educational services (groups 8211- 8231); 8) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by the process outlined in the Land Development Code (LDC). B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures associated with schools including but not limited to: administrative offices; theaters; auditoriums; pavilions; gymnasiums; residence halls; swimming pools with or without screened enclosures; aquatic centers; ball fields, with or without grandstands /stadium seating; press boxes; practice fields; track and field facilities and field houses, tennis courts, athletic equipment and general storage buildings, and other indoor or outdoor recreation facilities, maintenance and landscape storage; 2) Security gatehouses; 3) Polling place if deemed warranted by the Supervisor of Elections. Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 1 of 9 Packet Page -2386- 1/24/2012 Item 17.A. II TRACT P PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Upland preserves; 2). Wetland preserves. B Accessory Uses and Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, shelters, viewing platforms, educational signs, and information kiosks; 2. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements; Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 2 of 9 Packet Page -2387- 1/24/2012 Item 17.A. EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of Community School of Naples CFPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision plat, site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Table I below sets forth the development standards for lan4mses within the CFPUD Community Facility Subdistrict (Tract "CF "). Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 3 of 9 Packet Page -2388- 1/24/2012 Item 17.A. TABLE I COMMUNITY FACILITY DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS J COMMUNITY FACILITIES PRINCIPAL STRUCTURES MINIMUM LOT AREA 10,000 S.F. MINIMUM LOT WIDTH (LINEAR FEET) 80 FEET MINIMUM FLOOR AREA 1,000 S.F (GROUND FLOOR) MIN FRONT YARD 25 FEET MIN SIDE YARD 15 FEET MIN REAR YARD 15 FEET MIN PRESERVE SETBACK 25 FEET MIN. DISTANCE BETWEEN STRUCTURES 1/2 SUM OF BUILDING HEIGHTS MINIMUM 25 FEET ZONED - MAX. BUILDING HEIGHT (NOT TO EXCEED) 45 FEET* ACCESSORY STRUCTURES FRONT S.P.S. SIDE S.P.S. REAR S.P.S. PRESERVE SETBACK 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET ZONED - MAX. BUILDING HEIGHT (NOT TO EXCEED S.P.S. S.P.S. = Some as Principal Structures *Actual height: 71 feet (Existing LMA building) Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 4 of 9 Packet Page -2389- r wrap MMAW On MULIN Ii I A EXHIBIT C MASTER PLAN V4 IF '77 al RokaT 5 .1140 R.3124 tf o 1/24/2012 Item 17.A. Community School of Naples PL-20110002115 Packet Page -2390- 0 o a a Mph I I U i --- :<j4 0119', wo- OL0440 CCPC Revisions 12/16/2011 Page 5 of 9 1/24/2012 Item 17.A. ^ EXHIBIT D Legal Description (Preliminary legal, pending title work) A PARCEL OF LAND LYING IN THE EAST ONE - QUARTER (1/4) OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST ONE - QUARTER (1/4) OF SAID SECTION 12, S89 °30'40 "E FOR 1386.36 FEET; THENCE ALONG THE WEST LINE OF THE EAST ONE - QUARTER OF SAID SECTION 12, THE FOLLOWING SIX (6) DESCRIBED COURSES: 1) THENCE N00 °05'00 "W FOR 75.00 FEET, TO THE SOUTHWEST CORNER OF PARCEL 106 (FEE SIMPLE) AS DESCRIBED IN OFFICIAL RECORDS BOOK 2952, PAGE 1616 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; 2) THENCE ALONG THE WEST LINE OF SAID PARCEL 106, N00 °05'00 "W FOR 10.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE N00 °05'00 "W FOR 1235.06 FEET; 4) THENCE N00 °05'25 "W FOR 1015.36 FEET; 5) THENCE N00 °10'26 "W FOR 304.90 FEET 6) THENCE N00 °2943 "W FOR 1219.68 FEET, TO AN INTERSECTION WITH THE SOUTHERLY BOUNDARY OF OSCEOLA TRAIL (SHOWN ON SKETCH AND LEGAL DESCRIPTION PREPARED BY HOLE MONTES DATED 9/01 PROJECT NUMBER 1998149, DRAWING NUMBER B- 3404); THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID OSCEOLA TRAIL, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S89 °33'47 "E FOR 200.20 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 2) THENCE 172.82 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 34 °44'38 ", AND WHOSE LONG CHORD BEARS S72- 11'29 "E FOR A DISTANCE OF 170.19 FEET, TO THE BEGINNING OF A NON - TANGENTIAL CURVE, ALSO BEING A POINT ON THE BOUNDARY OF A LAKE PARCEL DESCRIBED BY HOLE MONTES DATED 2/03, PROJECT NUMBER 03.515, DRAWING NUMBER B -4162; THENCE ALONG SAID LAKE PARCEL BOUNDARY, THE FOLLOWING NINE (9) DESCRIBED COURSES: 1) THENCE 7.88 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 10 °01'58 ", AND WHOSE LONG CHORD BEARS S80 °03'03 "W FOR A DISTANCE OF 7.87 FEET; 2) THENCE S36 °05'39 "W FOR 106.66 FEET TO THE BEGINNING OF A NON - TANGENTIAL CURVE; 3) THENCE 34.38 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 43 046'27 ", AND WHOSE LONG CHORD BEARS S24 044'14 "E FOR A DISTANCE OF 33.55 FEET, TO THE BEGINNING OF A NON - TANGENTIAL CURVE; 4) THENCE 36.47 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 155.04 FEET, THROUGH A CENTRAL ANGLE OF 13 °28'45 ", AND WHOSE LONG CHORD BEARS S39 °53'07 "E FOR A DISTANCE OF 36.39 FEET, TO THE BEGINNING OF A NON - TANGENTIAL CURVE; 5) THENCE 71.28 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 120.00 FEET, THROUGH A CENTRAL ANGLE OF 34 °02'07 ", AND WHOSE LONG CHORD BEARS S50 °36'17 "E FOR A DISTANCE OF 70.24 FEET; 6) THENCE S67 °3721 "E FOR 62.82 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 7) THENCE 59.78 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 120.00 FEET, THROUGH A CENTRAL ANGLE OF 28 032'28 ", AND WHOSE LONG CHORD BEARS S81 °53'39 "E FOR A DISTANCE OF 59.16 FEET; 8) THENCE N83 °50'03 "E FOR 23.32 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 9) THENCE 54.37 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 89 °00'31 ", AND WHOSE LONG CHORD BEARS N39 °19'12 "E FOR A DISTANCE OF 49.07 FEET, TO THE BEGINNING OF A NON - TANGENTIAL CURVE, ALSO BEING A POINT ON THE SOUTHERLY BOUNDARY OF SAID OSCEOLA TRAIL; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID OSCEOLA TRAIL, THE FOLLOWING TWO (2) ^ DESCRIBED COURSES: Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 6 of 9 Packet Page -2391- 1/24/2012 Item 17.A. 1) THENCE 244.65 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 385.00 FEET, THROUGH A CENTRAL ANGLE OF 36 °24'34 ", AND WHOSE LONG CHORD BEARS S71-2 1'30"E FOR A DISTANCE OF 240.56 FEET; 2) THENCE S89 °33'47 "E FOR 306.64 FEET, TO AN INTERSECTION WITH THE WESTERLY RIGHT -OF- WAY LINE OF LIVINGSTON ROAD (COUNTY ROAD 881, AS SHOWN ON THE PLANS FOR COUNTY PROJECT NUMBER 62071 DATE STAMPED 7/16/02 @ 12:29:34 PM); THENCE ALONG THE WESTERLY RIGHT -OF -WAY LINE OF SAID LIVINGSTON ROAD, THE FOLLOWING FOUR (4) DESCRIBED COURSES: 1) THENCE S00 °50'38 "E FOR 134.04 FEET; 2) THENCE N89 °10'59 "E FOR 10.00 FEET; 3) THENCE S00 °50'38 "E FOR 783.66 FEET TO A BREAK POINT AS OFFSET FROM THE EAST LINE OF SECTION 12; 4) THENCE S00 °17'36 "E FOR 1316.08 FEET; THENCE LEAVING SAID LIVINGSTON ROAD WESTERLY RIGHT -OF -WAY, N89 030'32 11W FOR 235.06 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF FLORIDA POWER AND LIGHT COMPANY UTILITY EASEMENTS AS DESCRIBED IN OFFICIAL RECORDS BOOK 162, PAGE 211 AND OFFICIAL RECORDS BOOK 429, PAGE 356 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND AS SHOWN IN ROAD BOOK 2, PAGE 98 -101 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WESTERLY BOUNDARY OF SAID EASEMENTS, S00 °17'18 "E FOR 521.25 FEET; THENCE N89 031'12 "W FOR 181.55 FEET; THENCE S00 °10'47 "E FOR 139.04 FEET, TO A POINT ON THE MONUMENTED NORTH LINE OF THE SOUTH HALF (1/2) OF THE SOUTHEAST ONE- QUARTER (1/4) OF THE SOUTHEAST ONE - QUARTER (1/4) OF SAID SECTION 12; THENCE ALONG SAID MONUMENTED NORTH LINE, N89 031'23 "W FOR 591.69 FEET, TO A POINT ON THE MONUMENTED EAST LINE OF THE WEST 100 FEET OF THE EAST ONE - QUARTER (1/4) OF SAID SECTION 12; THENCE ALONG SAID MONUMENTED EAST LINE OF THE WEST 100 FEET OF THE EAST ONE - QUARTER (1/4), S00 °05'41 "E FOR 575.60 FEET, TO THE NORTHEAST CORNER OF SAID PARCEL 106; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 106, N89 °21'57 "W FOR 99.95 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. /'1 CONTAINING 3,181,994.68 SQUARE FEET OR 73.0 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 7 of 9 Packet Page -2392- 1/24/2012 Item W.A. EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Subsection 4.06.02.C.4., which requires a 20' Type D buffer along all rights -of -way for projects of 15 acres or more, to allow a 15' Type D buffer. Deviation #2 seeks relief from LDC Subsection 4.03.08(B)1., and Section 22 -112 of the Code of Ordinances related to requirements for excavations, to allow the existing perimeter buffer to encroach into the lake maintenance easement area. Deviation #3 seeks relief from LDC Subsection 4.06.02.C.4., which requires a 20' Type D buffer along all rights -of -way for projects of 15 acres or more, to allow for no buffer adjacent to the easternmost water management pond along Osceola Trail. Deviation #4 seeks relief from LDC Subsection 4.06.02.C.1., which requires a 10' Type A buffer between CFPUD and AG zoning districts, to allow for no buffer along a short segment of the project boundary where the existing roadway abuts the boundary. Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 8 of 9 Packet Page -2393- 1/24/2012 Item W.A. EXHIBIT F LIST OF DEVELOPER COMMITMENTS The development of this CFPUD shall be subject to and governed by the following conditions: TRANSPORTATION Reserved ENVIRONMENTAL Reserved PLANNING Reserved WATER MANAGEMENT Reserved Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 9 of 9 Packet Page -2394- 1/24/2012 Item 17.A. 24D * Wednesday, January 4,2012 WNAPLES DAILY •NEWS !f *ICE NC NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government. Center, 3299 East Tamiami Trail, Naples, Florida; the Board of County Commissioners . will consider the enactment of .a County Ordinance. The meeting will commence, at.9:00 A.M. The title of the proposed Ordinance isas follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004.41, AS` AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING -THE ZONING CLASSIFICATION OF. THE .HEREIN DESCRIBED REAL PROPERTIY FROM A COMMUNITY FACILITY (CF) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT .DEVELOPMENT (CFPUD). ZONING DISTRICT FOR THE .PROJECT KNOWN AS COMMUNITY SCHOOL OF NAPLES CFPUD, LOCATED AT 13275 LIVINGSTON. ROAD IN SECTION 12, TOWNSHIP 49, SOUTH, RANGE 25 EAST, COLLIER COUNTY,' FLORIDA CONSISTING OF 73+J- ACRES SUBJECT TO CONDITIONS; BY PROVIDING FOWTHE REPEAL OF ORDINANCE NUMBERS 2000• 06 AND 200433, AS AMENDED; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are' on, file with the Clerk to the Board and are available for inspection. All interested parties are invitedto attend.and be heard. NOTE: All persons wishing to, speak on any agenda item must register with the County administrator prior 'to " preseritation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or. group is encouraged. If recognized by the Chairman, a spokesperson far a group or organization may be allotted 10 minutes to speak on an item. r Persons wishing to have written or.-graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days .prior to the public hearing. All material used in presentations before the Board Will become a permanent part of'the record. Any person who decides to appeal a decision of the Board will.need a record of the proceedings pertaining thereto•and therefore, may need to ensure that a verbatirn record of the proceedings . is. made,. which record includes the testimony and evidence upon which -the appeal is based. If you are a person with a disability who needs any accommodation in order to, participate in this proceeding, you are entitled, at no-cost to you, to the provision of certain assistance. Please contact the. Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W. Naples, Florida 34112, (239)2S2 -6380; . Assisted, listening devices for the hearing impaired -are available in the County Commissioners' Offtce. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, :FLORIDA FRED COYLE, CHAIRMAN . DWIGHT E. BROCK, CLERK Byy' Teresa Palaski; Deputy Clerk (SEAIa 2052 No. 1926962 Iwnu- '4' Packet Page -2395-