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CCPC Backup Documents 02/07/2013 R
CCPC MEETING BACKUP DOCUMENTS FEBRUARY 7, 2013 Court Reporter AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, FEBRUARY 7, 2013, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM,ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER,THIRD FLOOR,3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC 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 CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDA-PL20120000111, Creekside Commerce Park Commercial Planned Unit Development (CPUD), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by amending Section III, Industrial/Commerce District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of .6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height;by amending Section IV,Business District,to include hotel,motel, senior housing including independent living,assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of.6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 105 acres; and by providing an effective date. [Coordinator:Nancy Gundlach,AICP,RLA,Principal Planner] 1 Note: This item will be head immediately after agenda item 9A, the regular agenda item for this petition: B. PUDZ-A-PL20120000726, The Top Hat Auto CPUD(Commercial Planned Unit Development), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 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 the Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36+/- acre parcel to be known as The Top Hat Auto CPUD, to allow construction of an automotive sales facility with associated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Ordinance No. 84-34, as amended, the Princess Park PUD; and providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner 9. ADVERTISED PUBLIC HEARINGS NOTE: This item has been continued from the January 17, 2013 CCPC meeting, then will be heard as a consent agenda item 8B: A. PUDZ-A-PL20120000726, The Top Hat Auto CPUD(Commercial Planned Unit Development), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 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 the Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36+/- acre parcel to be known as The Top Hat Auto CPUD, to allow construction of an automotive sales facility with associated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Ordinance No. 84-34, as amended, the Princess Park PUD; and providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner B. PUDA-PL20120001225: Royal Palm Academy PUD an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 03-54, as amended, the Royal Palm International Academy Planned Unit Development(PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to the east side of Livingston Road; by reducing the student population from 1,250 to 500 students; by reducing the campus building height to 50 feet; by amending the Master Plan; by deleting the Surface Water Management Plan; by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida consisting of 1631 acres; and by providing an effective date. [Coordinator: Michael Sawyer, Project Manager] 10. OLD BUSINESS A. To have the Collier County Planning Commission (CCPC) to review past staff clarifications of the Land Development Code and to forward a recommendation to accept the selected Staff Clarifications to the Board of County Commissioners(BCC). [Coordinator:Ray Bellows,Zoning Manager] 11. NEW BUSINESS A. To appointment of a member of the Planning Commission to be seated on the Affordable Housing Advisory Committee 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 December 13, 2012 PU DZ -A- 20120000726 The Top Hat Auto CPUD Collier County Planning Commission Public Hearing Advertising Requirements January 17, 20,13 Please publish the following Advertisement and Map on Friday, December 28, 2012, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, January 17, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDZ- A- PL20120000726, The Top Hat Auto Commercial Planned Unit Development (CPUD), recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 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 the Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36 + /- acre parcel to be known as, to allow construction of an automotive sales facility with associated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Ordinance No. 84 -34, as amended, the Princess Park PUD; and providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be 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, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman .-. m C7 (,7 CD � M, rn Dm v m y AIR ORT- PULLING ROAD Q Z M m -r (n Orm O D 5U) -0a �rz Z mZ rim y N �rn oD r� rn �� z� mD M> C) ;o (1) ZN o c�� �m �ZZ BUCKLEY m M O �C �—i � D z (C. R. 31) �zm OZD >r OM o O co M�X �r- rn+tp Nz 0m Dn Dx MG7 r Z z r- ,.� — M 3: N C OO �O Zm DZ �5 mz v M c z � z 0 z M Cn D Cn cn� Mz ^M N °Z m �D c7 D C7 r M m m zrrn O y Cf) cn M = co W m U) y LIVINGSTON RD C: K: y z D Co � ;u m o r n D TI O —� � *r- M M O o < Z �N�� O Z� D O) y r- M �'' rn m O cn r O M '� M �� D > �z - Z m U) �0 �m INTERSTATE-75 Acct #068779 December 17, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDZ -A- 20120000726, Top Hat Auto CPUD (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/MAP) Friday, December 28, 2012 and send the Affidavit of Publication, in Triplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140024 December 13, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, December 28, 2012, and furnish proof of publication to the attention of the Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, FL 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, January 17, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, Florida 34112, to consider: PUDZ- A- PL20120000726, The Top Hat Auto Commercial Planned Unit Development (CPUD), recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 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 the Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36 +/- acre parcel to be known as Top Hat Auto CPUD to allow construction of an automotive sales facility with associated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Ordinance No. 84 -34, as amended, the Princess Park PUD; and providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be 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, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman 2 Orm O -u z Z m 0 N D �y � m <c N r- V) mZ m Gi CC) -.,>m y OE 2 mm m rn .- Mm Q> N O ,-ter Z U) m O� AM Z r� ym �C Dm "m y O z m> mD c)� (1) r- X--j �D m D_ Z� Z mD -<m AIR ORT- PULLING ROAD m �ZZ BUCKLEY (C.R.31) �Zm r— O 0 co X-1� X� mp 00 DC? OG7 O r � G� r v Z -=I c DZ �m mz z� �z M v� cnD cn N� Z �n y �M z N JO Z m �D Dn N rim mm O0 zm U m n co 2 D <x m N C -� N (n y LIVINGSTON RD c� �D °o M r * r- m m O � < �N�� O z ZZ �rn D —� L � XD z J --j > rn " Q r- m W m m O cn rumz) "z M `� � Z O m '� D Z� � m U) �m INTERSTATE-75 PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Col- lier County Planning Commission (CCPC) at 9:00 A.M.. Thursday, January 17, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, Florida 34112, to consider: PUDZ- A- PL20120000726, The Top Hat Auto Commercial Planned Unit Development (CPUD), recommendation to consider an Or- dinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehen- sive 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 the Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36 +/- acre parcel to be known as Top Hat Auto CPUD to allow construction of an automotive sales facility with as- sociated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier Coun- ty, Florida; providing for repeal of Ordinance No. 84 -34, as amended, the Princess Park PUD; and providing an effective date. [Coordina- tor: Nancy Gundlach, AICP, RLA, Principal Planner] FOUNTAIN BRIGHTON VINEYARDS PARK MONTEREY GARDENS (DRI) VINEYARDS (DRI) CITRUS EMERALD LAKES GARDENS OAK B (g) GROW SIENA sAV/'H u00O��mlcv LAKES PROJECT LL / LONGNEW SLEEPY F HOLLOW TAUAN ENTLER BAPTIST CHURCH LO C AT I 0 N w _ o KEYSTONE PLACE (s) j N1LLOW PRINCESS C p a PARK PARK GOLDEN GATE ESTATES x d+ MANCHESTER UNIT 35 PWE AIR LAKES U SQUARE '� 2 7 2 11 (DM) 0, 12 ANGRERI(S) CENTRAL CYPRESS NOR- GLEN CAMBRIDGE RAGGE PINE RIDGE /. SUMMER MIND SQUARE (S) COgSRS (C.R. 898) .u{ NAPLES OLESEN GATEWAY PINE RIDGE ROAD All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been autho- rized to represent a group or organization should limit their presen- tation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter con- sidered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommoda- tion 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, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman No. 231195043 December 28 2012 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee RECEN PUBLIC NOTICE JAN 0 7 201: FN4 Before the undersigned they serve as the authority, personall appeared Barbara Boyer, who on oath says that she serves a Sales Coordinator of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper l time in the issue on December 28th, 2012 Affiant further says that the said Naples Daily News is a n1 published at Naples, in said Collier County, Florida, and that newspaper has heretofore been continuously published in saa County, Florida; distributed in Collier and Lee counties of each day and has been entered as second class mail matter a office in Naples, in said Collier County, Florida, for a perio year next preceding the first publication of the attached co advertisement; and afiant further says that he has neither p PUBLIC NOTI NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Col- lier County Planning Commission (CCPC) at 9:00 A.M.. Thursday, January 17, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, Florida 34112, to consider: PUDZ- A- PL20120D00726, The Top Hat Auto Commercial Planned Unit Development (CPUD), recommendation to consider an Or- dinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as.amended, the Collier County Land Development Code, which established the comprehen- sive 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 prop- erty from the Princess Park Planned Unit Development Zoning Dis- trict to a Commercial Planned Unit Development (CPUD) Zoning Dis- trict for an 11.36 +/- acre parcel to be known as Top Hat Auto CPUD to allow construction of an automotive sales.facility with associated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier County, Flor- ida; providing for repeal of Ordinance No. 84 -34, as amended, the Princess Park PUD; and providing -an effective date. [Coordinator. Nancy Gundlach, AICP, RLA, Principal Planner] promised any person, firm or corporation any discount, reba" All interested parties are invited to appear and be heard. Individual Speakers will be limited to 5 minutes on any item. Expert witnesses commission or refund for the purpose of securing this advert shall be limited to 10 minutes each. Persons who have been autho- publication in the said newspaper. (Signature of affiant, - Sworn to and subs rib before me Thi,�,%2 °d day of J uary 2013 Al' . ./ _. . (Signature of notary public) r��! CAROLpOLIDORA _yt3k= *, • *% MY COMMISSION # EE 851758 B.,I d Th. Wn.rea i s ©r( Se A9. Iq rized to represent a group or organization should limit their presen- tation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said - material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter con- sidered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommoda- tion 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, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman No. 231195043 December 28 2012 F-TAIN BRIGHTON NNEYgR05 PARK GARDENS (DRI) VINEYARDS MONTEREY EMERALD '(DRI) CI TRuS LAKES 6 GgRDENS OAK 2 S&(5) DROVE SIENA B LAKES PROJECT w SLEEPY / LONGVIEW ENTER (5) IRST F HOLLOW LONE BAPTIST CHURCH LO CAT I O N w SM N� 0 V.F.W. _ (s)c KEYSTONE PLACE (S) W1LLOW PPRINCESS PARK ARK m MANCHESTER RZ GOLDEN DATE ESTATES UNIT 35 PINE AIR 7 11 LAKES U SQUARE .. - PARK 2 (DRI) CENTRAL 12 gNGILERI (S) CYPRESS N'TH GLEN CAMBRIDGE PINE RIDGE RAGCE K SUMMERWIND SQUARE IS CORS[RS ) l // (C.R. 898) NAPLES GATEWAY CLESEN PINE RIDGE ROAD promised any person, firm or corporation any discount, reba" All interested parties are invited to appear and be heard. Individual Speakers will be limited to 5 minutes on any item. Expert witnesses commission or refund for the purpose of securing this advert shall be limited to 10 minutes each. Persons who have been autho- publication in the said newspaper. (Signature of affiant, - Sworn to and subs rib before me Thi,�,%2 °d day of J uary 2013 Al' . ./ _. . (Signature of notary public) r��! CAROLpOLIDORA _yt3k= *, • *% MY COMMISSION # EE 851758 B.,I d Th. Wn.rea i s ©r( Se A9. Iq rized to represent a group or organization should limit their presen- tation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said - material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter con- sidered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommoda- tion 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, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman No. 231195043 December 28 2012 AGENDA ITEM 9-A Co er County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: FEBRUARY 7, 2013 SUBJECT: PUDZ-A-PL20120000726, TOP HAT AUTO CPUD PROPERTY OWNER& APPLICANT/AGENT: Property Owner&Applicant: Contract Purchaser: Bic's Investment Corp. Top Hat Holdings LLC. 6780 Airport Pulling Road North 1471 Airport Pulling Road North Naples, FL 34109 Naples, FL 34104 AGENTS: Mr. Tim Hancock, AICP Mr. Bruce Anderson, Esquire Davidson Engineering Roetzel &Andress 3530 Kraft Road Suite 301 850 Park Shore Drive Naples,FL 34105 Trianon Centre, Third Floor Naples,FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance to change the zoning classification of the herein described real property from the Princess Park PUD (Planned Unit Development) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36+/- acre parcel to be known as the Top Hat Auto CPUD, to allow construction of an automotive sales facility with associated repair services, providing for repeal of Ordinance No. 84-34, as amended,the Princess Park PUD; and providing an effective date. TOP HAT AUTO CPUD, PUDZ-A-PL2012000726 January 29,2013 Page 1 of 3 PROJECT STATUS: The Collier County Planning Commission heard the Top Hat Auto CPUD at its January 17, 2013 meeting. The petition was continued because the CCPC had requested that the petitioner meet with concerned neighbors to further resolve issues that they might have. In addition, the CCPC has requested the following stipulations (Staff clarification is in brackets): 1. The hours of operation will be: - 7 a.m. to 8 p.m. Monday thru Friday for sales - 7 a.m. to 6 p.m. Monday thru Friday for service - Until 5 p.m. Saturday and Sunday for sales and service [Add to the PUD document.] 2. There will be a 500-foot rear yard setback for principal and accessory structures. [Revise the Development Standards Table.] 3. The car wash blowers will be located on the west side of the building and will meet the car wash criteria in the LDC. 4. Lighting will be shielded from the neighborhood surrounding the property. There will be two types of lighting: - Display lighting - Security No lighting will be located past point`B" on the Master Plan. 5. The 6-foot high wall will be located in the 15-foot wide landscape buffer along the north and east property lines. 6. There will be no lighting around the lake. 7. Delete Tire Retreading and Accessory Use# 7 [from Exhibit A Permitted Uses]. 8. The Loading Area will be located along the north side [of the property] only. 9. The bay doors will be speed doors with an auto closure. The Chairman also requested that the PUD document clarify the request is for C-4 uses and not for C-5 uses. The petitioner has requested that the item be heard at the February 7, 2013 Planning Commission meeting. TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 29,2013 Page 2 of 3 The Department of Zoning and Land Development Review Staff recommendation remains the same as noted in the previous staff report dated January 2, 2013. Analysis indicates that this PUD is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding neighborhood. Staff recommends that the CCPC forward the Top Hat Auto CPUD to the Board of County Commissioners (BCC)with a recommendation of approval. ATTACHED INFORMATION: The following revised documents are attached: the Top Hat Auto CPUD (strike thru and underline), Top Hat Auto CPUD (clean copy) and Master Plan. PREPARED BY: Nancy Gundlach, Principal Planner, Planning and Zoning Growth Management Division, Planning and Regulation TOP HAT AUTO CPUD, PUDZ-A-PL2012000726 January 29,2013 Page 3 of 3 EXHIBIT A PERMITTED USES: The Top Hat CPUD shall be developed as a C 5 commercial use project, which will include an automotive sales facility with associated repair services, limited to 65,000 sq. ft., Gross Floor Area(GFA). Tract A: A. Principal Uses Motor Vehicle Dealers (New and Used) (Group 5511) B. Accessory Uses 1. Motor Vehicle Dealers, Used Only(Group 5521) 2. Automotive Exhaust System Repair Shops (Group 7533) 3. Tire Retreading-and Repair Shops, not including Tire retreading(Group 7534) 4. Automotive Glass Replacement Shops (Group 7536) 5. Automotive Transmission Repair Shops (Group 7537) 6. General Automotive Repair Shops (Group 7538) 7. Automotive Repair Shops,Not Elsewhere Classified(Group 7539) 8. Top, Body, and Upholstery Repair Shops and Paint Shops (Group 7532) Car wash, subject to the provisions of LDC Section 5.05.11. Blowers for drying must be located on the west side of the car wash. 9. Uses and structures that are accessory and incidental to an automotive sales facility. 10. Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer, and allowed within front, side and rear yard setbacks. Top Hat CPUD: Revised January 28,2013 Page 1 of 7 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Commercial use PUD (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C-45 zoning. TABLE I DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 10,000 square feet NA Minimum Lot Width 100 feet NA Maximum Height • Zoned: 35 ft. 35 ft. • Actual: 47 ft. 47 ft. Minimum Floor Area 700 square feet(ground floor) Maximum Floor Area Ratio None Minimum Building Setbacks • Front Yard(Airport 25 ft SPS Pulling Road) • Side yard 15ft loft • Rear yard' 4.00 500 ft SPS • Minimum Distance 25 ft 0 ft(Principal to Between Structures accessory) • Internal Drives None None • Lake 25 ft 25 ft 'For Primary and Accessory uses,not intended to include small structures not directly serving the permitted land uses such as an irrigation well pump house. Top Hat CPUD: Revised January 28,2013 Page 2 of 7 c 0 a .. \..+��F" -1'icF,!!ve.\�;,F�n'n•3 00I.ord�1 12-0323'\0 ',p, tl 0 inq!I J.IC2\201:� 0!-23-RC'ONf..F1 .IN�,.•;v:-��pp-HCF20 30J llfl .flLi:) In,o W',1 Inard Jo J0,7.013-i.',�7:p:^ -. c 5' 1 i 6 A >'c PORT ROAP H AIR O N F sn A = rn2 1 LANDSCAPE OFFER 7 D p z r r 20—FOOT TYPE .� �% -� op oor Z � D 1111111 11111 D .Tiz OZ. In 0 > rn � w �' t `� � rn 1 111111 = �.� .., N � � � � � �6 z � 1 111111 II � �+ ,0 i -(7° � g R � = IIIIIIIII � �p H 1 . 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Top Hat CPiJD:Revised January 28,2013 Page 5 of 7 EXHIBIT F DEVELOPMENT COMMITMENTS: PLANNING: a. The project is proposed to start construction of infrastructure in 2013. The project may be developed in a single phase or multiple phases over time. b. No outdoor paging or amplified systems will be used as part of the daily operation of the dealership. c. The automated car wash will be 600 feet or more from the nearest existing residential unit. d. The service area will be enclosed with the exception of entry/exit doors and a small number of`quick lube' service bays, facing south. e. The project access on Airport Road shall be considered a driveway unless the parcel is subdivided. f. Regular Hours of operation will be limited to 7am to 8pm Monday through Friday for Sales and 7am to 6pm for Service. Both Sales and Service will be limited to 7am to 5pm on Saturday and Sunday. g. All lighting will be shielded from residential areas to avoid glare. Display lighting will be limited to that area shown on the Master Plan as lying west of the line marked as line `A'. Security lighting that will have a minimum reduction in average lumens of 25% , will be the minimum needed for safety and security, and will occur in the area between lines `A' and `B' as shown on the Master Plan. No lighting will be located east of line `B'. h. The service door facing east will employ an automatic opening and closing `speed door' to minimize noise transfer to only those times when a vehicle is exiting the service area. All other times,the service door shall be closed. i. The Type `B' buffer along the north and east property lines will be inclusive of a 6' privacy wall. TRANSPORTATION a. The project access will remain in its current location and subject to the continuous northbound right turn lane; no modifications to the project access are required. UTILITIES a. County water service is available via an existing 10-inch water main located on- site. This 10-inch main is connected (tee and valve) to an existing 16-inch water main along the west right-of-way line of the southbound Airport-Pulling Road. The developer is responsible for providing the necessary connections at its cost to supply the site with County water service. b. County sewer service is available via an 8-inch gravity main/ system located on- site (along the northern property line). Existing and proposed flows are to the northeast via the gravity system off-site and to the Lone Oak PUD lift station. The developer is responsible for providing the necessary connections at its cost to supply the site with County sewer service. ENVIRONMENTAL Top Hat CPUD: Revised January 28,2013 Page 6 of 7 a. Due to the site being 100% impacted prior to 1975 through agricultural activity, no Preserve area is required. Top Hat CPUD:Revised January 28,2013 Page 7 of 7 EXHIBIT A PERMITTED USES: The Top Hat CPUD shall be developed as a commercial use project, which will include an automotive sales facility with associated repair services, limited to 65,000 sq. ft., Gross Floor Area(GFA). Tract A: A. Principal Uses Motor Vehicle Dealers (New and Used) (Group 5511) B. Accessory Uses 1. Motor Vehicle Dealers, Used Only(Group 5521) 2. Automotive Exhaust System Repair Shops (Group 7533) 3. Tire Repair Shops,not including Tire retreading(Group 7534) 4. Automotive Glass Replacement Shops(Group 7536) 5. Automotive Transmission Repair Shops (Group 7537) 6. General Automotive Repair Shops (Group 7538) 7. Automotive Repair Shops,Not Elsewhere Classified(Group 7539) 8. Car wash, subject to the provisions of LDC Section 5.05.11. Blowers for drying must be located on the west side of the car wash. 9. Uses and structures that are accessory and incidental to an automotive sales facility. 10. Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer, and allowed within front, side and rear yard setbacks. T Hat CPUD: Revised January 29,2013 Page 1 of 7 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Commercial use PUD (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C-4 zoning. TABLE I DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 10,000 square feet NA Minimum Lot Width 100 feet NA Maximum Height • Zoned: 35 ft. 35 ft. • Actual: 47 ft. 47 ft. Minimum Floor Area 700 square feet(ground floor) Maximum Floor Area Ratio None Minimum Building Setbacks • Front Yard (Airport 25 ft SPS Pulling Road) • Side yard 15 ft 10 ft .-. • Rear yard' 500 ft SPS • Minimum Distance 25 ft 0 ft(Principal to Between Structures accessory) • Internal Drives None None • Lake 25ft 25 ft 'For Primary and Accessory uses, not intended to include small structures not directly serving the permitted land uses such as an irrigation well pump house. Top Hat CPU : Revised January 29,2013 Page 2 of 7 EXHIBIT C: MASTER PLAN: 8 F .••■••■ gl -•••••—Z--, ' i a a O L°- .< Ri % #1 pk, Dig F V.6X liX hq EK�� h:i H 021 t_ 1 i ! I- Vi! 21 ILI vi e. o -_, r 1 JIIIIIIIIUIIIIIIIII 'I ° &�, e- _6 * q zat,li ligit '8* - e to i IP ' tr) gl 4 � = I .<1 �laZ .ci— Y z a a�o� r_-!11.1 .ill_�__ �o ORES 1 N . .. t k gl '10 ig - - - 1 _ = 11 1 i a - `11�1I11 ii a N .vN it2 01 . 1 0 ' i t i,-1 7' 'AN \kk 44 !: i k k EEg g_ - - iz.< 11/1 e ko I k-i; ,gri.,li, 2 , ti &j,_ JIIIIIIIIIV cI 5,7, la g Ng ! f1 _ I , � _ �� �P 61 " 0+H+H-o %0 .u 11111(11 4IIIII n IIIIII r I S . i . i w ° o 4 . ZII'd Z 2 o ado .lid a g IP s Top Ha D. ' edluary 29,2013 Page 3 of 7 EXHIBIT D LEGAL DESCRIPTION (OR 2296, PG 2000): The North 1/2 of the South 1/2 of the SW 1/4 of the SW 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less the West 100 feet thereof, previously reserved for road right-of-way purposes. Top H CPUD: Revised January 29 Page 4 of 7 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC: 1. Deviation #1 seeks relief from LDC Section 5.05.08C.9.b. requiring all facades for a freestanding building within a PUD to be treated as a primary façade. To the extent necessary, only wall planes facing Airport road shall be required to be treated as primary facades. Top Hat CPUD: evised January 29,2013 Page 5 of 7 EXHIBIT F DEVELOPMENT COMMITMENTS: PLANNING: a. The project is proposed to start construction of infrastructure in 2013. The project may be developed in a single phase or multiple phases over time. b. No outdoor paging or amplified systems will be used as part of the daily operation of the dealership. c. The automated car wash will be 600 feet or more from the nearest existing residential unit. d. The service area will be enclosed with the exception of entry/exit doors and a small number of`quick lube' service bays, facing south. e. The project access on Airport Road shall be considered a driveway unless the parcel is subdivided. f. Regular hours of operation will be limited to 7am to 8pm Monday through Friday for Sales and 7am to 6pm for Service. Both Sales and Service will be limited to 7am to 5pm on Saturday and Sunday. g. All lighting will be shielded from residential areas to avoid glare. Display lighting will be limited to that area shown on the Master Plan as lying west of the line marked as line `A'. Security lighting that will have a minimum reduction in average lumens of 25%, will be the minimum needed for safety and security,_and will occur in the area between lines `A' and `B' as shown on the Master Plan. No lighting will be located east of line `B'. h. The service door facing east will employ an automatic opening and closing `speed door' to minimize noise transfer to only those times when a vehicle is exiting the service area. All other times,the service door shall be closed. i. The Type `B' buffer along the north and east property lines will be inclusive of a 6' privacy wall. TRANSPORTATION a. The project access will remain in its current location and subject to the continuous northbound right turn lane; no modifications to the project access are required. UTILITIES a. County water service is available via an existing 10-inch water main located on- site. This 10-inch main is connected (tee and valve) to an existing 16-inch water main along the west right-of-way line of the southbound Airport-Pulling Road. The developer is responsible for providing the necessary connections at its cost to supply the site with County water service. b. County sewer service is available via an 8-inch gravity main/ system located on- site (along the northern property line). Existing and proposed flows are to the northeast via the gravity system off-site and to the Lone Oak PUD lift station. The developer is responsible for providing the necessary connections at its cost to supply the site with County sewer service. Top Hat CP Revised January 29,2013 Page 6 of 7 ENVIRONMENTAL a. Due to the site being 100% impacted prior to 1975 through agricultural activity, no Preserve area is required. Top Hat n: Revised Jan 13' Page 7 of 7 (PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE Z 0V-/ 13 (Circle Meeting Typ ) Regula.t Special Workshop Budget tom..-t `\�,_1^` AGENDA ITEM TITLE �. 11 / Or NAME (1)l) e i/1 I -gd JV ADDRESS 7 `1 _ -- L O k )2I) f) Representing/Petitioner: ( d...2,v Oy,, `> Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. (PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE °Z/ 7// / (Circle Meeting Type)( egulaj Special Workshop Budget AGENDA ITEM TITLE 7 U P I7 v l NAME fi /1/4_ �� 6,1-. I i ( ADDRESS (j 7 X L' I= o 4 A- n� Representing/Petitioner: U / /' / T Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. • ------- --(PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE F--i i 7/ " 0 / L) (Circle Meeting Type) Regulars Special Workshop Budget AGENDA ITEM TITLE c-c'' 1\ 3 NAME Rd irC p r, 7(.9 a c 1C- ADDRESS � C' ): C l rc l c-) Representing/Petitioner: 1/4.) Q ! (" 11 n Q Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDTNANCF 7nn4-nS Ann 7nm-,4 RFC'l ITRFC THAT Al I I /11:21:2VTCTC (PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE ��:"4/ 2//3 (Circle Meeting Type) Regular Sp ce La Workshop Budget AGENDA ITEM TITLE _ 0 // -7 ,rte v 1 , P "- '�• 1∎ : r Representing/Petitioner: (..k) A Q \r- O . Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR (PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE � + (Circle Meeting Type Regular, Special Workshop Budget AGENDA ITEM TITLE C)i 1 - /� ,&â44-if t NAME jk 61; gic Lt ADDRESS 6 S i 7 X(e y cl . Representing/Petitioner: tidttithak, (74644 Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD DE DAVIDSON ENGINEERING MEMORANDUM TO: Tim Zoellers, Josh Fruth FROM: Tim Hancock,AICP RE: Enclosed Car Wash criteria January 31, 2013 Based on our meeting with the residents, should enclosing the car wash be an acceptable option to the community, I propose adding the following language to the Development Commitments: Each end of the car wash will have bay doors that will remain closed during the entire wash cycle, including drying of the vehicles. The doors will open only for entry and exiting of vehicles. Please let me know if you find this acceptable. End of Memo 3530 Kraft Road,Suite#301 •Naples,Florida 34105 Phone:239.434.6060•Fax:239.434.6084 www.davidsonengineerinq.com Davidson Engineering, Inc. DE DAVIDSON ENGINEERING MEMORANDUM TO: Collier County Planning Commission FROM: Tim Hancock,AICP RE: PUDZ-A-PL20120000726, Top Hat Auto CPUD Addenda to Proposed Changes February 6, 2013 In addition to the changes identified in the `Strike through and underline" (STU) copy included in the CCPC packet, the petitioner requests the following changes: 1. Exhibit `A' under Principal Uses: a. Strike `and Used' 2. Exhibit `C' Master Plan in the note under the Building Setbacks Table a. Strike `ETC.' 3. Exhibit `F' Development Commitments, under Planning Item `c.': a. Add `and blowers for drying will be located at the west end of the car wash.' 4. Exhibit `F' Development Commitments,under Planning: a. Add item i. Lone Oak Boulevard will not be used for sales or service test drives by employees of the dealership. End of Memo 3530 Kraft Road,Suite#301 • Naples,Florida 34105 Phone:239.434.6060•Fax:239.434.6084 www.davidsonengineering.com Davidson Engineering, Inc. a) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet(50'). that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1') vertical foot of height for every two (2') horizontal feet). D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: tThirty-f give Meet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. For parcels east of Goodlette-Frank Road: zoned height seventy-five feet(75'). actual height eight-five feet(85'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. Amended PUD(revisionl revCCPC 1-17-2013)2-5-13.doc 3-7 February 5,2013 Minimum Building Setback from Perimeter Boundary of PUD for Properties West of Goodlette-Frank Road: a) Fifty feet(50')for buildings up to thirty five feet(35')in height. b) Three additional feet (3') for every one foot of building height over thirty five feet(35')adjoining residential districts. 7. Minimum Building Setback from Perimeter Boundary of PUD and from Public Roadways for Properties East of Goodlette-Frank Road: a) lmmokalee Road: Minimum of fifty feet(50') and for any portion of a building exceeding a zoned height of fifty feet(50'),that portion of the building shall have its building setback increased at a la For any portion of a hotel that may be constructed on the B designated tract at the southeast corner of Goodlette-Frank Road and Immokalee Road, a minimum five hundred foot (500') building setback from lmmokalee Road. b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet(50'),that portion of the building shall have the setback increased at a 1: ratki (i.e. one (1') vertical foot of height for every two en miaow feet). D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road, tThree stories over parking to a maximum of fifty feet(50') : :.• :•-: • - - - except that no structure shall be greater than thirty- five feet (35'), on property west of the Pine Ridge Drainage Easement. For parcels cast of Goodlettc Frank Road: zoncd hci:;ht scvcnty five feet (75'), actual hcizht ciAt five feet(85'). The B designated tract located at the southeast quadrant of the Goodlette-Frank Road and Immokalee Road intersection shall have a zoned height of sixty feet (60') and an actual height of seventy feet (70'). No portion of a hotel building or hotel structure constructed on this tract may exceed a zoned height of fifty feet(50'). The easternmost B designated tract adjacent to Immokalee Road. as shown on the Master Plan, shall have a zoned height of sixty-five feet (65') and an actual height of seventy-five feet(75'). 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DATE: DESCRIPTION Z:\Active Projects\T\Top Hat Auto (King Richards) 12-0023\dwg\Production Drawings\MCP\2013-01-23–REZONE MCP–FINAL.dwg (11X17 PLAN (2)) josh.fruth Jan 30, 2013 – 8:17am ad021 ONl11f1d- 1HOd2jIV -----** (r-------------- _ — � '—� LANDSCAPE �7-R070 r 20—POOi TYPE 'D _ _ 011 I'H I I U 11`'I` I I . /O IE 1111111 = /: / i i I �� (\Illlnlul" s ../��/ . 1-11 70 . i l 'cl° . f /0 oi !J1 11v1 1J MN o D i>F % o• m .z co �, mo s rn No WI d0 o D t IN i)- Rill%0 ?' I ' i" I / 11111111 11E111 6, • ,; �• , Ir 11u®111®111 /i i -u rn CO •si "! 1I . 1 I I I I'� 1 I 11 (1 I I I I I Ii a • L dill LI- I fir e _ ,," '. ., '' I 7 Awl -s iii . .,� , „ ‘,„11011 ,- --). S p . ,.. . _ 1 .._.,,;,..__. L. ,,_ .....,,..„.. , . .... . ,......, . ....:,_ ..,..,4%,,, k .• • • C:1 ,...,, . .. C 4 R . Z , ail 11111111. n ...'40:4 a L` LI t r 4 - r Jr ,rr a Irk •4 '� ,, 111* 4 s ipai • W1 . tir.. , , .' y r - 00,..:.4.. riot, iiki.. I- - ry ,. e x , �....• . .1...., r. > ... ....„..,. .). .L.. -,,,,. .. , . .. .. ., . .. .. . :,... „, . .„ .. „ . .. .. -12 , ,„, .,_,... ..- .„ . ,..: --lp .. ..... , ..,„,,,,,,,,,, , , , . IC. It , • 0 , , 2-7-13 PUDA—PL20120001225 411$ ROYAL PALM ACADEMY PUD Ann P. Jennejohn tiekt From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Tuesday,January 08, 2013 3:15 PM To: Minutes and Records; Sawyer, Michael Cc: Ashton, Heidi; Neet,Virginia Subject: re: NDN Ad - Royal Palm Academy Attachments: NDN Ad.rtf; Map for NDN As.pdf The title of the attached ad conforms to the language approved by this office, and the ad run date is appropriate. OK to proceed. Y'cuida Rodriguez, ACT .41.civan ect Certified Paralegal C ff rce of the County Attorney (239)252-8400 From: SawyerMichael Sent: Tuesday, January 08, 2013 3:05 PM To: Minutes and Records Cc: 'MorganTrish'; BellowsRay; BosiMichael; NeetVirginia; RodriguezWanda; WellsLaura Subject: NDN Ad Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks much, Mike Sawyer Project Manager,Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 3 r f c.spa!.aw e-mal a.lr,es, ...,are eULwc wc.r,rds l;you Jo out was,t ytt,t, owes .,.,ned€ fesportse to a us 2w ecotds s_ ,3 t be stt ,c;tr �s ii t.,this er0ls Stead etas otdic.,b teivt,esr 1 January 8, 2013 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 18, 2013, and furnish proof of publication to the attention of Michael Sawyer, Project Manager, Zoning Services in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches lonq in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. Thursday, February 7, 2013 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDA-PL20120001225: Royal Palm Academy PUD- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 03-54, as amended, the Royal Palm International Academy Planned Unit Development (PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to the east side of Livingston Road; by reducing the student population from 1,250 to 500 students; by reducing the campus building height to 50 feet; by amending the Master Plan; by deleting the Surface Water Management Plan; by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida consisting of 163± acres; and by providing an effective date. [Coordinator: Michael Sawyer, Project Manager] (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 7, 2013 in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be 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, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa G. Keene, Chairman • -� N -1 m w * 'U m ID Z Co W o- 1- o z cn 1 c) A o D 1— 1T1 M 1—�Z O � m� O O t> v ZJ Fn) (n \ T. -ix o W Sy c7 r�* =y r cZ G o ((Al- pp> sz porn cp rn D Z, �r D r3 / ______\____>> LIVINGSTON RD. D xi r- N3 _ m D o o- r''�Oc D W N z� W 3 � _ o � / -< om m MI O `Z D rZ r 7 o �_ °o z 1 C6 ; 0 r D � O zr- N -0 co no . -� m rn r- z xi E m - v z 0 m xi n cn x) z co m > 0 CO J ° z INTERSTATE - 75 -0 z r >73 CYPRESS WOODS 0 >x GOLF & COUNTRY CLUB 0 m 0 D o x HUNTINGTON rn rn O n g z -1 - D O me J m c co N 0 r O z D r N x _ m O po m Acct #068779 January 10, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA-PL20120001225 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/map) on Friday, January 18, 2013 and send the Affidavit of Publication, in Triplicate, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500140024 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday,January 10, 2013 2:14 PM To: Naples Daily News Legals Subject: PUDA-PL20120001225 Display Notice W/Map Attachments: PUDA-PL20120001225.doc; PUDA-PL20120001225.doc; PUDA-20120001225.pdf Hi again, Please advertise the attached Display Notice W/Map on Friday, January 18, 2013. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 January 10, 2013 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 18, 2013,and furnish proof of publication to the attention of the Minutes and Records Office, 3299 Tamiami Trail East, Suite 401, Naples, Florida, 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, February 7, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., to consider: PUDA-PL20120001225: Royal Palm Academy PUD -An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 03-54, as amended, the Royal Palm International Academy Planned Unit Development(PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to the east side of Livingston Road; by reducing the student population from 1,250 to 500 students; by reducing the campus building height to 50 feet; by amending the Master Plan; by deleting the Surface Water Management Plan; by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 163+/-acres; and by providing an effective date. [Coordinator: Michael Sawyer, Project Manager] (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 7, 2013 in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be 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, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa G. Keene, Chairman 1 N - m iv m * _. > m v O 4 Z ° m � mw vm r- o Z cn 73 > � � rr r m r- 71v WO 0 O R,m �m \ D -1;, z nO pp xi 3 cZ < > -D -<0> (nD 1> 2Z �m Or v cnr o yr Da LIVINGSTON RD. 0 o N - DWI' Z c D w N O -< cn 2 ° -< ° gm li N 7) rri z� D pz D O O z z C'} 0 6 rD O > : co rn 1 z ° D C 73 .� m � z0 ,�m8 m vz � m n cn � 73 z v� P M -< (CI M D c'> ° Z INTERSTATE - 75 1z r -0 N x CYPRESS WOODS Q >m GOLF & COUNTRY CLUB Q m o 0 m HUNTINGTON — rn Q n g Z -I = D_ r e fg? A I m v U) > op N) � � F. r 0 r O rz D0 m mul O m m Ann P. Jennejohn To: legals @naplesnews.com Subject: PUDA-PL20120001225 Display Notice W/Map Attachments: PUDA-PL20120001225.doc; PUDA-PL20120001225.doc; PUDA-20120001225.pdf Hi again, Please advertise the attached Display Notice W/Map on Friday, January 18, 2013. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Ann P. Jennejohn From: Polidora, Carol <CPawlinski @naplesnews.com> Sent: Wednesday,January 16, 2013 11:15 AM To: Ann P.Jennejohn Subject: BCC Display Ad Proof for 01.18 Attachments: NDN231195049[2].BCC0118.pdf Hi Ann, Please provide approval ASAP for the attached Display Ad scheduled for Friday, 01.18. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239)263-4871 I Fax: (239)325-1251 I cpolidoraAnaplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you?Call us at(239)213-6000 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Plan- ning Commission (CCPC) at 9:00 A.M.,Thursday, February 7, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., to consider: PUDA-PL20120001225:Royal Palm Academy PUD-An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 03-54, as amend- ed, the Royal Palm International Academy Planned Unit Development (PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to the east side of Livingston Road; by reducing the student population from 1,250 to 500 students; by reducing the campus building height to 50 feet; by amending the Master Plan; by deleting the Surface Water Management Plan; by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13,Township 48 South, Range 25 East, Collier County, Florida, consisting of 163+/-acres; and by providing an effective date. [Coordinator: Michael Sawyer, Project Manager] \i 12 11 PEZZE1110 7 8 MEDI TERRA 01 CIELO TUSCANY DUAL RESERVE wEST (DM) VETERANS MEMORIAL BLVD. SANDAAC00 Lo E 1 PROJECT DRACE ROMANIAN r e""" LOCATION BMnST CHURCH 14 PELICAN CISIlEwDOD >:G,''.'�•'�'-.4„DTI STRAND m 17 QJML AT IMPERIAL (DRI) 18 h CREEK MLLAS ARSILEA L ff« NADEIaA o � DUAL LONOSNORE PELICAN LAKE 21 STRAND PPER BLVD. 24 CARLTON (ORO 20 MEDICAL OFFICE 19 8RB VALL(Mtl18Y DEVELOPMENT GARDENS NAPL IMMOKALE= ����E ROAD(CR.848) _ All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materi- als included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 7, 2013 in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testi- mony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to partici- pate 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, Suite 101, Naples, FL 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa G. Keene, Chairman No.231195049 January 18.2013 Ann P. Jennejohn From: SawyerMichael <MichaelSawyer @colliergov.net> Sent: Wednesday,January 16, 2013 12:47 PM To: Rodriguez,Wanda;Ann P.Jennejohn Cc: Neet,Virginia Subject: RE: Display Ad Proof for 01.18 Agree...looks good to go. Mike Sawyer Project Manager,Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 From: RodriguezWanda Sent: Wednesday, January 16, 2013 12:19 PM To: Ann P. Jennejohn; SawyerMichael Cc: NeetVirginia Subject: RE: Display Ad Proof for 01.18 Looks fine. Wanda Rodriguez, .ACT .AdvarzcecfCert fieriParalegal Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn©collierclerk.com] Sent: Wednesday, January 16, 2013 11:35 AM To: SawyerMichael Cc: NeetVirginia; RodriguezWanda Subject: FW: Display Ad Proof for 01.18 Please check over and provide approval (or not) for the attached Display Notice for PUDA-PL20120001225, Royal Palm Academy PUD, scheduled to run this Friday, January 18th for the February 7th CCPC Meeting. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board 1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday,January 16, 2013 1:25 PM To: 'Polidora, Carol' Subject: RE: BCC Display Ad Proof for 01.18 Looks great Carol, please publish the display on Jan 18th Thank you! Ann From: Polidora, Carol [mailto:CPawlinski©naplesnews.com] Sent: Wednesday, January 16, 2013 11:15 AM To: Ann P. Jennejohn Subject: BCC Display Ad Proof for 01.18 Hi Ann, Please provide approval ASAP for the attached Display Ad scheduled for Friday, 01.18. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239)263-4871 I Fax: (239)325-1251 I cpolidora(c naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you?Call us at(239)213-6000 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Plan- ning Commission(CCPC)at 9:00 A.M.,Thursday,February 7,2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 NAPLES DAILY NEWS Tamiami Trail East, Naples FL.,to consider: Published Daily PUDA-PL20120001225:Royal Palm Academy PUD-An Ordinance of the Board of County Naples,FL 34110 Commissioners of Collier County,Florida,amending Ordinance Number 03-54,as amend- ed,the Royal Palm International Academy Planned Unit Development(PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to , Affidavit of Publicati the east side of Livingston Road; by reducing the student population from 1,250 to 500 students;by reducing the campus building height to 50 feet;by amending the Master Plan; State of Florida by deleting the Surface Water Management Plan; by adding deviations and revising and Counties of Collier and Lee deleting developer commitments. The property is located on Livingston Road in Section 13,Township 48 South,Range 25 East,Collier County,Florida,consisting of 163+/-acres; and by providing an effective date. [Coordinator: Michael Sawyer, Project Manager] Before the undersigned they serve as - 1 appeared Amy Davidson, who on oaj NFO FXX . 0 12 °J�= o nuµ' 8 NEST NEDIiE � RF� RES E MS Inside Sales Supervisor of the Naples, z VETERANS 88111013.1 BLVD newspaper published at Naples, in I I- sAXDALNOOD/ Tr PROJECT distributed in Collier and Lee counti- CUCFRpUN,M LOCATION Tar r= attached copy of the advertising, bei .,. "1`"" AT IMPERIAL PG) 18 to a d CRUX mARSILEA PUBLIC NOTICE NuA=,- is U C ,ADBRA o t 7 - a,w LONO910RE in the matter of PUBLIC NOTICE 23 PIPER a• 24 ARUM 20 4 ES g OEVELRGLENi GARDENS ,—{�, NAPLES4MM0RDL� PLAZA ONCE was published in said newspaper 1 ti R� `�.RBR, on January 18, 2013 . All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Affiant further says that the said N. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materi- published at Naples, in said Collier C als included in the CCPC agenda packets must submit said material a minimum of 10 newspaper has heretofore been Conti days prior to the respective public hearing. Written comments must be filed with the County, Florida; distributed in Collie Department of Zoning and Land Development Review prior to Thursday, February 7, 2013 in order to be considered at the public hearing. All materials used in presentation each day and has been entered as sect before the CCPC will become a permanent part of the record and will be available for office in Naples, in said Collier Coun presentation to the Board of County Commissioners, if applicable. year next preceding the first publicat If a person decides to appeal any decision made by the Collier County Planning advertisement; and affiant further say Commission with respect to any matter considered at such meeting or hearing, he promised any person, firm or corpora' will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testi- commission or refund for the purpose mony and evidence upon which the appeal is to be based. publicati•-,in the said newspaper. If you are a person with a disability who needs any accommodation in order to partici- pate in this proceeding,you are entitled, at no cost to you,to the provision of certain ar//L J,♦ i.v /(( assistance. Please contact the Collier County Facilities Management Department, (Signa ure 4,, affiant) located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- 8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Sworn to and subs,c/tice\d,before me Collier County, Florida Thi 3rd day of J uar 2Q13. Melissa G. Keene, Chairman No.231195049 January 18.2013 tt/v --- (Signature of notary public) ' P" ' "EE 81758 •�= ppv�,(lr`.iM!SSi ON r .; l x: Iii EXPIRES:November 28,to I ', 0?4 Bonded Thru P'Mhard Insurance A{Wnc_i_71: •FoF... AGENDA ITEM 9-B Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING®ULATION HEARING DATE: FEBRUARY 7, 2013 SUBJECT: PUDA-PL20120001225: ROYAL PALM ACADEMY PROPERTY OWNER& APPLICANT/AGENT Property Owner/Applicant: Royal Palm Academy, Inc. 16100 Livingston Road Naples, Fl 34110 Agents: Richard D. Yovanovich, Esq. Alexis Crespo,AICP Coleman, Yovanovich and Koester, P.A. Waldrop Engineering, P.A. 4001 Tamiami Trail North, Suite 300 28100 Bonita Grande Drive, Suite 305 Naples, FL 34103 Bonita Springs, Fl 34135 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Royal Palm International Academy PUD, to allow several changes to the development including a reduction in the size and location of the permanent school campus, amending the Master Plan, revising developer commitments, and proposing additional deviations. GEOGRAPHIC LOCATION: The subject property, consisting of 163+/- acres, is located approximately 1.5 miles north of Immokalee Road on both the east and west sides of Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida. 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' , , ,� x;, T-�i�mDDDZDI�ii m N 1--i .,,,r." .�� X °- z co Coo D .•.....,e•11.••• S v m Er FPL EASEMENT _ >'/ z° D r/- , � FPL EASEMENT _ D m 0 x m � 1° C CAMPUS n m r D AO 6'CHAIN LINK FENCE �� x.D m r W 5 p W r—1 1[ CO xi co r DOD 1/ mZ CD W -oi C) =Dm N W rmn iZ 10X 7Jn Ao mmv fro--�i°�c?Cn°mmc �n D7o vp D �C)m fnmy WZ°��1Z•• D {Z� �� m m00- m0 m zvm0 0> mao SCALE: N-T.S- PLAN REVISIONS PER COUNTY ROYAL PALM ACADEMY PUD m L1� 10/11/12 REVISED PER COUNTY COMMENTS WALDROP —IA— ENGINEERING 1/11 F CLIENT:ROYAL PALM ACADEMY,INC. T E e.`• u PUD MASTER PLAN .o�oe-,,.F:R+�no 1 PURPOSE/DESCRIPTION OF PROJECT: The subject property contains a number of developed educational and residential parcels as well as undeveloped parcels. The original campus development was approved under Conditional Use Resolution Number 2000-160 and Site Development Plan SDP-00-87. The Development was later expanded and rezoned in 2003 from the Agriculture Zoning District (A) and Agricultural/Special Treatment Overlay District (A-ST) to Planned Unit Development District (PUD), specifically the Royal Palm International Academy PUD, Ordinance Number 03-54, approved by the Board of County Commissioners (BCC) on September 23, 2003. The approved ordinance allowed for the development of 550 dwelling units based on approximately 3.4 units per acre and a new school campus with 1,250 students on the west side of Livingston Road as well as the interim retention of the existing campus on the east. The project could be developed with any combination of single family, two family duplex or multi-family residential units as well as a range of educational/campus uses. The proposed changes are summarized below(taken from the narrative statement provided in the application and revised during the review of the application): • Designate the current campus on the east side of Livingston to be the permanent campus location with a reduction in the student population from 1,250 to 500 students. • The introduction of a new deviation regarding the size and number of display days allowed per calendar year for banner signs. • The introduction of a new deviation regarding the type of landscape buffer between the school campus and the adjacent Verona Pointe residential community. • The introduction of a new deviation regarding the required masonry wall/fence required between school campus (a non-residential development) and the adjacent Strand PUD residential community. • The introduction of six new deviations regarding the requirement of modular and other buildings to meet architectural and site design standards for the school campus portion of the project. Because this PUD is already partially developed, the petitioner cannot prepare a new PUD document using the latest format, e.g., Exhibits A-F rather than sections. To do so could create non-conformities in the existing development. Instead the petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. As noted above, the petitioner is seeking approval of nine new deviations. These deviations are discussed later in this report. PUDA-PL20120001225: Royal Palm Academy Page 4 of 22 January 18,2013(Revised January 23,2013,January 25,2013) SURROUNDING LAND USE AND ZONING: North: Several undeveloped tracts with a zoning designation of Agricultural (A), and the undeveloped Grace Romanian Baptist Church of Naples with a zoning designation of Community Facility Plan Unit Development (CFPUD) and the undeveloped residential project known as Brandon with a zoning designation of Residential Planned Unit Development(RPUD), approved at an overall density of 3.99 units per acre. East: A developed residential project known as Pelican Strand with a zoning designation of Planned Unit Development(PUD), approved with an overall density of 2.09 units per acre. South: A portion of the developed residential project known as Imperial Golf Estates with a zoning designation of Residential Single Family 3 (RSF-3), then the undeveloped Marsilea Villas development with a zoning designation of Residential Planned Unit Development (RPUD), approved with an overall density of 2.63 units per acre, then the developed Madiera residential development with a zoning designation of Planned Unit Development (PUD), approved with an overall density of 4.0 units per acre. West: Another portion of the developed residential project known as Imperial Golf Estates with a zoning designation of Residential Single Family 3 (RSF-3). .:I , - a . Subject Property . LEPRN'IG ' _ 21;44.: -, S i ..„ Ae , 4 U ' p.7— er- anc+ns. "+ 34 1-41;',4.;;,14_ .0iit,;ih* _ 4, „+y . . t v' A ;4,k. Aid CASTLE G ctaf_N LN . s---- -"*"--"..,-,'.. - .., '1 _,� _ O q.b, 1[ y�' i 4 4+ - .'i '4 �x 0 I ' d Wit. ` dlv 'r 1",<-11.V 4 •T-Aed4�2Cf:V/A '.ji A. i,.%i. i _OS J"OSLsf ° . _ i - A ,4�.rr _ C ,I ,. L'-'i 714.- 1 r - ..,,,'' J t ' 4 � ( �1 �' '� ���i0 1fi-�1 �t'i►s� 14 a + ► I �y;.t . f N 1 � also County r +yl. .r:CAW:NTERCT," y.,34r0 i450 `-" -'*_ ".:, 0 1.1 1041 Aerial Photo (subject site depiction is approximate) PUDA-PL20120001225: Royal Palm Academy Page 5 of 22 January 18,2013(Revised January 23,2013,January 25,2013) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element(FLUE): The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map (FLUM) of the Growth Management Plan(GMP). The existing Royal Palm Academy Planned Unit Development was approved in 2003 per Ordinance Number 03-54, for development of a mixed use project with a 50 acre school campus, 550 dwelling units, ancillary uses and open space preserve areas, all deemed consist with this sub district. The school campus portion of the project allowed a range of school and residential uses. This request also seeks to reduce the school campus building height, and remove various reiterations of the LDC and GMP requirements that have been met. The PUD remains compatible with surrounding developments. The previously approved 50 acre campus site depicted on the original PUD Master Plan depicts residential development on the proposed Master Plan Exhibit A, however the applicant is not seeking to increase the residential density of 550 dwelling units as approved by Ordinance Number 03-54. Per FLUE Objective 7 and associated Policies 7.1 through 7.4, staff has verified the following as part of their analysis: Policy 7.1: The project entrances are primarily provided from Livingston Road an arterial roadway and further accessed by Learning Lane to Livingston Road. Policy 7.2: The RPUD Master Plan depicts several internal roadway configurations, some of what are loop road within the projects, and others that are not. The Master Plan further shows interconnections with adjacent developments as originally approved by Ordinance Number 03- 54. Policy 7.3: As noted above the RPUD continues to show the original interconnections with adjacent developments approved by Ordinance Number 03-54 as noted above in Policy 7.2. Policy 7.4: The RPUD will be developed with an internal sidewalk system. Additionally, the RPUD is proposed to include various housing types, including single family, townhomes, multi- family dwellings; and recreational facilities. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Based on the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the GMP. PUDA-PL20120001225: Royal Palm Academy Page 6 of 22 January 18,2013(Revised January 23,2013,January 25,2013) ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). There are no proposed changes to the previously approved preserves. Per section 2-1193 of the Collier County Codes of Laws and Ordinances, this project no longer meets the qualification for an EAC hearing unless directed by the CCPC or BCC. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues and is recommending approval subject to the Transportation Development Commitments contained in Exhibit F of the RPUD Ordinance. Utility Review: This project is located within Collier County Water and Sewer District and Utility staff has requested the petitioner place specific commitments in the PUD; the petitioner has included those commitments as requested. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to, the surrounding land uses. The development standards contained in the PUD document have not been changed except for revisions required for consistence with the changes outlined in project description section above, the removal of residential uses in the "C" Campus development area east of Livingston Road, a building height reduction for structures in the "C" Campus development area, and the removal of the school use in the "R"Residential Development Area to the west of Livingston Road, and the removal of duplicated Land Development Code (LDC) standards and regulations, The types of uses that would be allowed in this project have not changed. PUDA-PL20120001225: Royal Palm Academy Page 7 of 22 January 18, 2013(Revised January 23,2013,January 25,2013) As illustrated in the aerial photograph located on page 2 of the staff report, "the surrounding land use zoning discussion" of this staff report, and the Master Plan, the site is bounded to the east by ' the developed residential project known as Pelican Stand with a zoning designation of Planned Unit Development (PUD), that was approved at a overall density of 2.09 units per acre. To the south is a residential project known as Imperial Golf Estates with a zoning designation of Residential Single Family 3 (RSF-3), then the undeveloped Marsilea Villas with a zoning designation of Residential Planned Unit Development (RPUD), that was approved at an overall density of 2.63 units per acre, then the developed Madiera residential project with a zoning designation of Planned Unit Development (PUD), that was approved with an overall density of 4.0 units per acre. To the west is another portion of the developed residential project known as Imperial Golf Estates with a zoning designation of Residential Single Family 3 (RSF-3). To the north are several undeveloped parcels with a zoning designation of Agricultural (A), and the undeveloped Grace Romanian Baptist Church of Naples with a zoning designation of Community Facility Planned Unit Development (CFPUD), and the undeveloped residential project known as Brandon with a zoning designation of Residential Planned Unit Development (RPUD),that was approved with an overall density of 3.99 units per acre. This project was originally approved with a maximum density of 4 units per acre which will not change with this amendment petition and remains comparable to what has been approved for the surrounding projects. The surrounding PUDs have similar development standards to what is proposed herein, as to minimum setbacks and lot sizes except for the additional school campus which is limited to the location change with this petition request. Exhibit A, master plan for this petition maintains all of the previously approved perimeter landscape buffers except for the proposed deviations below. Deviation Discussion: The petitioner is seeking nine deviations from the requirements of the LDC. The deviations are listed in the deviation portion of the PUD. Deviation 1 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height. The requested deviation is to allow a temporary sign or banner up to a maximum of 200 square feet in area and a maximum of 5 feet in height. The temporary sign or banner to be limited to 90 days per calendar year. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will allow for a banner sign located on the proposed masonry wall along Livingston Road in order to advertise new homes available within the community. The 4 square foot banner sign permitted by the LDC provides minimal visibility and likely will not be seen by vehicles travelling along Livingston Road. Additionally the applicant is requesting that the banner be allowed for up to 90 days per calendar year to allow display throughout the peak winter season for home sales. PUDA-PL20120001225: Royal Palm Academy Page 8 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project except for the proposed 200 square foot banner size and allowable display days per calendar year. Staff suggests that the banner size be limited to 32 square feet which is consistent with commercially zoned properties and further that the number of display days be limited to 60 days per calendar year. The suggested limitations are consistent with other recently approved PUD petitions such as Buttonwood Preserve. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, 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 10.02.13.B.5.h, 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." Deviation 2 seeks relief from LDC Section 4.06.02.C. which requires a 15 foot wide Type `B" landscape buffer where the school campus is adjacent to residential use, to not require the landscape buffer where the school campus is adjacent to the Verona Pointe community along the western edge of the school campus. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The Verona Pointe community is buffered from the Royal Palm Academy campus by an existing Type "B" buffer on the Verona Pointe property, a 110 foot wide FPL easement, and an existing chain link fence on Royal Palm academy's western property line. Based upon the existing vegetation buffer and substantial separation provided by the FPL easement, the school campus will continue to be compatible and appropriately screened from the Verona Pointe community, thereby upholding the intent of the LDC. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. It is noted that the current school campus has successfully been in operation starting in the early 2000's, additionally the adjacent internal residential use approved with Site Development Plan SDP-2005-AR-7811 approved on June of 2005 provides the LDC required Type `B" landscape buffer . Zoning and Land Development Review staff recommends APPROVAL of this deviation, 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 10.02.13.B.5.h, 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." Deviation 3 seeks relief from LDC Section 5.03.02.H. that requires a masonry wall/fence along the perimeter of any non-residential development when it is adjacent to a residentially zoned district. Petitioner's Rationale: The applicant states in his justification for this deviation the following: PUDA-PL20120001225: Royal Palm Academy Page 9 of 22 January 18,2013(Revised January 23,2013,January 25,2013) The Royal Palm Academy campus predominantly abuts golf course uses and right-of-way internal to the Strand PUD; in effect only one (1) single family residence abuts the campus'eastern property line. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. It is also noted that the current school campus has successfully been in operation for over ten years. Zoning and Land Development Review staff recommends APPROVAL of this deviation, 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 10.02.13.B.5.h, 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." Deviation 4 seeks relief from LDC Section 5.05.08.B, which requires new buildings in non- residential PUD districts to adhere to the architectural and site design standards. The requested deviation is to omit the architectural design standards for modular buildings associated with the Royal Palm Academy. Petitioner's Rationale: The applicant states in his justification for this deviation the following: Since existing modular buildings are currently utilized on the Royal Palm Academy campus the applicant requests that these temporary structures continue to be permitted without adhering to the County's architectural standards. The applicant is also requesting additional modular buildings be permitted until permanent buildings can be constructed. All modular buildings will be removed from the campus as the master plan is implemented. These buildings are temporary in nature and appropriately buffered from the Livingston Road view shed and adjacent properties. Staff Analysis and Recommendation: The requested deviation does not propose an alternative design that would meet the intent of the Section 5.05.08, principally because the proposed buildings have not yet been designed or were originally approved as temporary structures without architectural review at the time of the original SDP. The requested deviation seeks to exempt new and existing modular buildings from architectural code requirements. Staff notes that Deviation 8 seeks to allow buildings to qualify for an administrative determination of deviations from Section 5.05.08, permitted under Section 5.05.08F. Therefore, staff does not support this deviation request because Deviation 8 if approved will provide a process to allow consideration of alternative design solutions once specific building configurations, facades, and the continued use of the existing temporary modular structures are determined. Zoning and Land Development Review staff recommends DENIAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3,_the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the -Xk , PUDA-PL20120001225: Royal Palm Academy Page 10 of 22 January 18,2013(Revised January 23,2013,January 25, 2013) deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 5 seeks relief from LDC Section 5.05.08.C.2.c, which requires the design of primary facades to include a minimum of two (2) specific design features. The requested deviation is to allow the design of primary facades to include a minimum of one (1) specific design feature for the Royal Palm Academy campus. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The Royal Palm Academy (RPA) campus is part of an existing Planned Unit Development, thereby requiring adherence to the most restrictive portions of the Collier County Architectural and Site Design Standards. The referenced standard requires that all exterior elevations of each individual building in a PUD be treated as a primary façade thereby requiring more design features and embellishment than required for a similar building on commercially zoned property which has one (1)primary facade. The basis for this more restrictive requirement is presumed to be that buildings located within commercial PUDs are more visible from multiple directions and their typical mixed use occupancy initiates more public interaction. The RPA campus, even though located in a planned unit development zoning district, is a much different atmosphere than the typical mixed use commercial property envisioned, and therefore the architectural standards are inappropriate and overly restrictive. The RPA property has limited street frontage on Livingston Road with very controlled accessibility (for student safety), which limits visibility and public access. There are more effective alternatives to selecting a second design feature from the prescribed list especially since the tight, interwoven campus design restricts views and building length perception. The Applicant proposes to provide other features such as additional roof offsets, wall planting latticework, covered outdoor areas that blend with building architecture and elements, such as sun screens or sun shelves, and canopies for shading and visual relief Staff Analysis and Recommendation: The requested deviation does not propose an alternative design that would meet the intent of the Section 5.05.08, principally because the proposed buildings have not yet been designed. However, staff notes that Deviation 8 seeks to allow buildings to qualify for an administrative determination of deviations from Section 5.05.08, permitted under Section 5.05.08F. Therefore, staff does not support this deviation request because Deviation 8 if approved will provide a process to allow consideration of alternative design solutions once specific building configurations and facades are determined. Zoning and Land Development Review staff recommends DENIAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDA-PL20120001225: Royal Palm Academy Page 11 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Deviation 6 seeks relief from LDC Section 5.05.08.C.3.c.ii & iii, which requires specific transitional massing elements to be incorporated for a minimum of 60% of the length of the dacade, which is in part or whole within 150 feet of an existing building. Thje requested deviation is to omit the requirement for transitional massing elements for the Royal Palm Academy campus. Petitioner's Rationale: The applicant states in his justification for this deviation the following: Since the entire campus is under single ownership and will be designed with a common theme with buildings of similar height, the concept of transitional elements is not appropriate or needed for this specific development. The master plan will incorporates a series of buildings of multiple uses, sizes and heights that will inherently provide the massing variation and articulation that the architectural standards strive to create. Staff Analysis and Recommendation: The requested deviation does not propose an alternative design that would meet the intent of the Section 5.05.08, principally because the proposed buildings have not yet been designed. However, staff notes that Deviation 8 seeks to allow buildings to qualify for an administrative determination of deviations from Section 5.05.08, permitted under Section 5.05.08F. Therefore, staff does not support this deviation request because Deviation 8 if approved will provide a process to allow consideration of alternative design solutions once specific building configurations and facades are determined. Zoning and Land Development Review staff recommends DENIAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 7 seeks relief from LDC Section 5.05.08.C.4.a.i-v, which requires specified design treatments for projections and recesses to provide for variation in massing. The requested deviation is to omit the requirement for specified design treatment requirements relating to projections and recesses for the Royal Palm Academy campus. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The first line of Section C.4 states "A single, large, dominate building mass must be avoided. " The proposed master plan for the Royal Palm Academy accomplishes this purpose without major offsets due to the compact nature of the RPA campus. The relatively small footprint and juxtaposition of all the future buildings provides a massing variation similar to the requirements of the Collier County architectural standards. The diversity of building use, height and fenestration provides another level of detail and variation to meet this same requirement. Therefore, the buildings within the campus will maintain a varied appearance and will meet the intent of this section. PUDA-PL20120001225: Royal Palm Academy Page 12 of 22 January 18, 2013(Revised January 23,2013,January 25,2013) Staff Analysis and Recommendation: The requested deviation does not propose an alternative design that would meet the intent of the Section 5.05.08, principally because the proposed buildings have not yet been designed. However, staff notes that Deviation 8 seeks to allow buildings to qualify for an administrative determination of deviations from Section 5.05.08, permitted under Section 5.05.08F. Therefore, staff does not support this deviation request because Deviation 8 if approved will provide a process to allow consideration of alternative design solutions once specific building configurations and facades are determined. Zoning and Land Development Review staff recommends DENIAL of this deviation fording that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 8 seeks relief from LDC Section 5.05.08.F, which requires Planned Unit Developments (PUD's) to comply with the Architectural and Site Design Standards, to allow additional deviations for future buildings within the Royal Palm Academy Campus in conformance with Section 5.05.08.F- "Deviations and Alternative Compliance". Petitioner's Rationale: The applicant states in his justification for this deviation the following: Designs for future buildings have not been developed at this time; therefore it is not possible to identify a complete listing of appropriate deviations. The Applicant will follow the submittal and review process outlined in Section 5.05.08.F to ensure the intent of the LDC is upheld. Staff Analysis and Recommendation: The Deviations and Alternate Compliance Section of the LDC (5.05.08.F), states that buildings located within a PUD do not qualify for an administrative determination of deviations from the architectural and site design standards, Section 5.05.08. However, 5.05.08.F allows any non-commercial (retail) use project to seek approval trough an alternative design that meets the purpose and intent of Section 5.05.08. Because the buildings within the proposed PUD tract are intended to be limited to educational use, staff is of the opinion that the administrative variance through the 5.05.08.F is in compliance with the purpose and intent of Section 5.05.08. Zoning and Land Development Review staff recommends APPROVAL of this deviation, 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 10.02.13.B.5.h, 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." Deviation 9 seeks relief from LDC Section 5.05.08.C.2.c.i and ii, which requires 30 percent glazing area for primary facades, to allow for a minimum of 15 percent glazing area for primary facades. PUDA-PL20120001225: Royal Palm Academy Page 13 of 22 January 18,2013(Revised January 23,2013, January 25,2013) Petitioner's Rationale: The applicant states in his justification for this deviation the following: The assembly and educational building uses envisioned for this property provide varying opportunities for glazing and will vary widely with each building elevation. The amount of glazing for each building will be appropriate for the building use and consistent with educational needs. Staff Analysis and Recommendation: The requested deviation does not propose an alternative design that would meet the intent of the Section 5.05.08, principally because the proposed buildings have not yet been designed. However, staff notes that Deviation 8 seeks to allow buildings to qualify for an administrative determination of deviations from Section 5.05.08, permitted under Section 5.05.08F. Therefore, staff does not support this deviation request because Deviation 8 if approved will provide a process to allow consideration of alternative design solutions once specific building configurations and facades are determined. Zoning and Land Development Review staff recommends DENIAL of this deviation fording that, in compliance with LDC Section 10.02.13.A.3,the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not 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: LDC Subsection 10.03.05.I.2 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." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staffs responses to these criteria are provided in bold, non-italicized font]: 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" (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 amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. PUDA-PL20120001225: Royal Palm Academy Page 14 of 22 January 18,2013(Revised January 23,2013, January 25,2013) 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 platting and/or 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 (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the analysis provided by Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this PUD Amendment remains consistent with the overall GMP. 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. Staff has provided a review of the proposed changes and believes that the project will be compatible with the surrounding area. The uses are not proposed to change as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising only minor property development standards, and staff believes uses remain compatible given those 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. PUDA-PL20120001225: Royal Palm Academy Page 15 of 22 January 18,2013(Revised January 23,2013,January 25,2013) 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 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 nine deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of the 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" (Staff's responses to these criteria are provided in bold font): 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 amendment. 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 and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. 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 amendment 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 amendment would not create an isolated zoning district because the PUDA-PL20120001225: Royal Palm Academy Page 16 of 22 January 18,2013(Revised January 23,2013,January 25,2013) subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing 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 in compliance with the LDC provisions to seek such amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. The applicant's request is consistent with the proposed GMPA. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes restrictions and development standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment 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 or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the commitment that has been provided by the developer. 8. Whether the proposed change will create a drainage problem; The proposed amendment 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; PUDA-PL20120001225: Royal Palm Academy Page 17 of 22 January 18,2013(Revised January 23,2013,January 25,2013) 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 Growth Management Plan 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, the petitioner is seeking this amendment in compliance with LDC provisions for such 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 staff's 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 already has a zoning designation of PUD; 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 PUDA-PL20120001225: Royal Palm Academy Page 18 of 22 January 18, 2013(Revised January 23,2013, January 25,2013) 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 petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended 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. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later 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 amendment 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. NEIGHBORHOOD INFORMATION MEETING (NIM): Royal Palm Academy, Inc. (RPA) in conjunction with Coleman, Yovanovich & Koester, P.A.,Waldrop Engineering, P.A., and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Wednesday, October 3, 2012. Also in attendance was a representative from Pulte Homes. The meeting was held at 5:30 p.m. at the Royal Palm Academy campus, located at 16100 Livingston Road. The sign-in sheet is attached as Exhibit "A". While only three (3) attendees signed in, approximately ten(10) attendees were present. Handouts were distributed outlining the proposed uses and site development regulations. The handout is attached as Exhibit "B". Rich Yovanovich PUDA-PL20120001225: Royal Palm Academy Page 19 of 22 January 18,2013(Revised January 23,2013,January 25,2013) (Agent) began the meeting with introductions of the consultant team and County Staff Mr. Yovanovich presented the currently approved PUD master plan and outlined the original intent to develop a 50+/-acre permanent campus west of Livingston Road, and relocate the current/temporary campus to the larger site. He noted RPA's plans have been subsequently downsized, and the purpose of the PUD amendment is to designate the temporary campus as the permanent campus on the PUD master plan. This amendment will allow the modular school buildings to be replaced with permanent buildings. The student population will be downsized accordingly from 1,250 to 500 students. He noted the preserve area next to Imperial Golf Estates is not proposed for modification as part of this amendment application. He also noted there is not a permanent master plan for the school campus at this time. Mr. Yovanovich reviewed the deviation request for a temporary banner sign that is larger than what is allowed by the Land Development Code. Lastly, Mr. Yovanovich noted the 50+/-acre site originally intended for the permanent campus will be developed with residential uses by Pulte Homes. Following his presentation, Mr. Yovanovich asked attendees if they had any questions or comments. The following is a summarized list of the questions asked and the responses given. Question/Comment 1: Frank Richards, President of Verona Pointe HOA, asked what the school has in mind for expansion adjacent to Verona Pointe. What is the intent for maintaining the FPL easement? Response: Mr. Yovanovich noted the FPL power lines separate the Royal Palm Campus from Verona Pointe and nothing can be built in that easement without FPL's permission. Mr. Saluan Amw from RPA indicated that school-related uses may be developed in the northern portion of the campus area in the future. Mr. Saluan also advised he would provide Mr. Richards with the boundary survey of the RPA property to clarify the boundary between the campus and Verona Pointe. Question/Comment 2: Where is the entrance to Pulte's new residential community? I have concern regarding congestion generated by the North Naples Middle School. Response: Mr. Saluan advised that the entrance will be from Learning Lane. Mr. Yovanovich added that the applicant had to work with the school board to gain access via Learning Lane, which involved a detailed traffic analysis. He also noted access to the residential community is not a subject of the proposed PUD amendment. Question/Comment 3: Will there be another access point to the Pulte community? Response: No, there is just one access point to the community. Attendees offered that the neighboring Delasol community only has one access point as well. Mr. Yovanovich advised that the next step in the process is public hearings before the Planning Commission and Board of County Commissioners.The public has the opportunity to speak at these hearings. These hearings have not been scheduled. Staff advised the hearing dates are dependent upon the applicant's resubmittal to the County. Question/Comment 4: Will the school remain in the same location it is now? Response: Yes. PUDA-PL20120001225: Royal Palm Academy Page 20 of 22 January 18, 2013(Revised January 23,2013,January 25,2013) Question/Comment 5: Will the 39 or 40 acres adjacent to Imperial Golf Estates remain as preserve? Response: Yes, no changes are proposed to the portion of the PUD west of Livingston Road. Residential uses were always permitted in the 50+/-acre campus area west of Livingston Road. There were no further questions or comments. Mr. Sawyer noted his business cards are available for anyone who has questions for him. Mr. Yovanovich thanked attendees for coming. The meeting concluded at approximately 5:45 p.m. The meeting was recorded per the CD attached as Exhibit"C". COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20120001225 to the BCC with a recommendation of approval subject to staffs recommended action on the deviations as shown below: Approval of Deviations 2, 3, and 8. Approval of Deviation 1 with the stipulation that the banner size be limited to 32 square feet and the number of display days is limited to 60 days per calendar year. Denial of Deviation 4, 5, 6, 7, and 9. Attachments: A. Application B. PUD Ordinance C. Back up material PUDA-PL20120001225: Royal Palm Academy Page 21 of 22 January 18,2013(Revised January 23,2013,January 25, 2013) PREPARED BY:i , 4 MAIM, �...L_.-.. • I • LE:.E . t3 EL SAWY ', PROJECT MANAGER DATE PL A ING AND ONING DEPARTMENT REVIEWED BY:a/- 72) ./L — /8 - 15 RAYMOND . BELLOW- ELLOWS, ZONING MANAGER DATE PLANNING AND ZONING DEPARTMENT ��- / - Id- ( 3 MICHAEL BOSI, AICP, INTERIM DIRECTOR DATE PLANNING AND ZONING DEPARTMENT APPROVED BY: 41,A41/— -17 NICK CASAL GA, AD `CSTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the March 26, 2013 Board of County Commissioners Meeting PUDA-PL20120001225: Royal Palm Academy January 11,2013(Revised) Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package PROPOSED PUD MASTER PLAN ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 03-54, AS AMENDED, THE ROYAL PALM INTERNATIONAL ACADEMY PLANNED UNIT DEVELOPMENT (PUD),BY REDUCING THE SIZE OF THE SCHOOL CAMPUS FROM 50 TO 11 ACRES; BY MOVING THE PERMANENT CAMPUS TO THE EAST SIDE OF LIVINGSTON ROAD; BY REDUCING THE STUDENT POPULATION FROM 1,250 TO 500 STUDENTS; BY REDUCING THE CAMPUS BUILDING HEIGHT TO 50 FEET; BY AMENDING THE MASTER PLAN; BY DELETING THE SURFACE WATER MANAGEMENT PLAN; BY ADDING DEVIATIONS AND REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 163± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS,ROYAL PALM ACADEMY,INC., represented by Alexis V. Crespo,AICP of WilsonMiller Stantec, and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester,P.A.,petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: AMENDMENT TO PUD DOCUMENT. The PUD Document,attached as Exhibit"A"to Ordinance No. 03-54,is hereby amended and replaced with the PUD Document attached hereto as Exhibit"A"and incorporated herein by reference. SECTION TWO: EFFECTIVE DATE 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 ,2013. Royal Palm Academy PUDA Page 1 of 2 PUDA-PL20120001225--Rev. 1/25/13 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk GEORGIA A. HILLER,ESQ. Chairwoman Approved as to form and legal sufficiency Heidi Ashton-Cicko ' Managing Assistant County Attorney Attachment: Exhibit A- PUD Document CP\12-CPS-01185\30 Royal Palm Academy PUDA Page 2 of 2 PUDA-PL20120001225—Rev. 1/25/13 Exhibit A . ROYAL PALM ACADEMY PLANNED UNIT DEVELOPMENT X163±Acres Located in Section 13,Township 48 South,Range 25 East Collier County,Florida PREPARED FOR: 6000-Liivingsten-Resd Naples,FL 31110 And Royal Palm Academy,Incorporated 16100 Livingston Road, Naples.FL 34110 PREPARED BY: Richard D.Yovanovich,Esq. Coleman,Yovanovich&Koester.P.A. 4001 Tamiami Trail North, Suite 300 Naples,Florida 34103 And 1),-Wayfie-Mvieldr MG*Alexis Crespo,AICP Waldrop Engineering.P.A. 3200-V-31 -del-Rey 28100 Bonita Grande Dr..Suite 305 Bonita Springs.FL 34135 DATE FILED DATE APPROVED BY CPCC DATE APPROVED BY BCC ORDINANCE NUMBER TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE iii SECTION 1 LEGAL DESCRIPTION,PROPERTY I-1 OWNERSHIP AND GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 11-1 SECTION III CAMPUS AREA HI-1 SECTION IV RESIDENTIAL AREA IV-1 SECTION V PRESERVE AREA V-1 SECTION VI DEVELOPMENT COMMITMENTS VI-1 EXHIBIT A PUD MASTER PLAN EXHIBIT B SURFACE WATER MANAGEMENT PLAN Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:1/24/13 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 162.7 163 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 substantial 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: 1. The subject property is located within the Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map. 2. The density provided for in the Royal Palm Academy PUD complies with the Future Land Use Element of the Growth Management Plan. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element(FLUE). 4. 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 5. 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. 6. 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. 7. This project shall be subject to applicable Sections of the LDC and Growth Management Plan at the time of development order approval,except as otherwise provided herein. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 iii z SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE Section 1 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. 1.2 LEGAL DESCRIPTION The subject property being 162.7 163 acres more or less, is described as: PARCEL 1-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 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 88°51'35" W, FOR A DISTANCE OF 1988.19 FEET; THENCE N 00°11'06" W,FOR A DISTANCE OF 673.98 FEET;THENCE RUN S 88°54'24"W,FOR A DISTANCE OF 663.00 FEET;THENCE RUN S 00°1224"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 00°15'00"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 58°22'58" 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 78°20'24" 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 RUNS 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: Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 I-1 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 36°24'45", SUBTENDED BY A CHORD OF 1279.34 FEET AT A BEARING OF N 18°1726" 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°3624" E, FOR A DISTANCE OF 378.62 FEET;THENCE RUN N 00°02'40"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 60°47'04", SUBTENDED BY A CHORD OF 179333 FEET AT A BEARING OF S 30°27'47"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 PARCEL 2-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: 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°5712" 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 00°02'40"W,FOR A DISTANCE OF 42.69 FEET;THENCE RUN S 33°36'24" W, FOR A DISTANCE OF 378.62 FEET; THENCE RUN S 00°04'15" E, FOR A Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:1/24/13 I-2 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 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 48°40'33" 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 1601.90 FEET TO THE POINT OF BEGINNING,CONTAINING 14.772 ACRES,MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The properly undeveloped portion of this PUD is currently owned by Naples Itterrand Royal Palm Academy,Inc.and Jen Florida VI.LLC. 1.4 GENERAL DESCRIPTION OF PROPERTY A. 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 RPUD: RSF 3—and 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. B. 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. C. 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. D. Soils on the site generally include Hallandale fine sand and Boca, Rivera, Limestone Substratum and Copeland fine sand depressional. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 1-3 • • E. Existing vegetation on the site consists of melaleuca, Brazilian Pepper, palmetto prairie, pine flatw000d, cypress, Cabbage Palm and disturbed lands. Wetland areas have been heavily impacted by melaleuca. F. 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 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." Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1t24/13 1-4 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE Section II delineates and generally describes the plan of development and identifies relationships to applicable County ordinances,policies,and procedures. 2.2 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 peflieft-ef4he school campus will be located east of Livingston Road. The Residential areas are designed to accommodate a variety of housing types. The overall project density is four(4)dwelling units per acre and the maximum units permitted in the PUD shall be 550 units. B. 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. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. 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 Land Development Code 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 Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Land Development Code in effect at the time of building permit application. C. Unless modified, waived or excepted from this PUD Document or associated exhibits, the provisions of other sections of the land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 11-1 D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Rivision--3,1-5--Adeqoate- blie FasiSties-of the Land Development Code. 2.4 LAND USES A. 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.'.3.` of the Collier County LDC. B. 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 County Code regulating subdivision,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- of the LDC. 2.5 LAKE SITING A. 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 applicant wishes to remove additional fill from the site, a commercial excavation permit shall be required. B. 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: 1. Lakes(control elevation)will 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 line. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 • II-2 2.6 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 verity -- •.- - - -- -- •. -- - •-- - :.- - . . in accordance with LDC Sec. 4.06.00 for engineering and safety considerations. 2.7 MODEL HOMES SALES OFFICE AND CONSTRUCTION OFFICE A. 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 Section 5.04.00 Soo•ion- 2 c 33 " Section 3.2.6.3.6_ad Divi3ion 3 3 of the LDC. B. Model Homes may be permitted in multi-family and townhome buildings and 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 5.04.04 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 2.73.5. 10.02.13 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 10.02.13.E.1 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 3.05.07 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) f acres of preserve area shall be shown on the applicable SDP or Plat for that residential component lying west of Livingston Road. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:1/24/13 11-3 4ir 2.11 COMMON AREA MAINTENANCE One or more Property Owner's Association (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. 2.12 DESIGN GUIDELINES AND STANDARDS A. 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 29 2.03.06. 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. 2.13 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS A. Landscape buffers,berms,fences and walls are generally permitted as a principal use throughout the PUD. B. 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. C. Perimeter Buffers shall maintain a minimum 50%of the required buffer width as a vegetative planting shelf (max. 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). 2.14 SIGNAGE A. GENERAL Signage shall be consistent with the LDC except as provided below: Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:1/24/13 1I-4 1. Each platted parcel shall be considered a separate parcel of land. 2. Signs and decorative landscaped entrance features within a County dedicated right-of-way shall require a right-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. 4. 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. B. PROJECT ENTRY SIGNS 1. Two ground or wall-mount entrance signs maybe located at each project entrance on Livingston Road including both sides of the entrance right-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. 2. 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. 3. 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. 5.06.02.B.1.b of the LDC. 4. 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. C. ON-PREMISES SIGNS 1. 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') a deviation from 10 feet as required by Section 2.5.5.1.1.2. 5.06.02.B.1.b 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. Royal Palm Academy Strikethrough text Ls deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 11-5 2. 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 22..5 Section 5.06.00 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 Section 3.2.8.3.19 6.06.01.H.2 of the LDC. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS AND DEVIATIONS A. 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. B. 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. C. The following substitutions are requested: 1. Subsection 3.2.°3.17 Section 6.06.02 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. b. A 5-fot sidewalk shall be provided on one side of each residential street. 2. Subsection ?2.8.1.1 6. Section 6.06.01 of the LDC, Streets and access improvements. a. Subsection 3' °" 16.5 Section 6.06.01.0.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 to meet this standard. Streets and drive aisles shall meet applicable NFPA criteria:. State Fire Code NFPA— 13.5.2.2. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 II-6 b. Section 3.2.8.4.16.6 6.06.01.J,Dead-end Streets Cul-de-sacs may exceed a length of one thousand(1,000)feet. c. . . . . ,Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five(35)foot radius for intersections at project entrances. 3. - == . . . = , . - : _' _• g� l D. The following deviations are requested: 1. Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height.to allow one(1)temporary banner sign up to 200 square feet in area and 5 feet in height,limited to a maximum of 90 calendar days per year. 2. Deviation from LDC Sec. 4.06.02.C.which requires a 15-foot wide Type`B" buffer where proposed community facilities abut existing residential uses, to omit the buffer requirement where the Royal Palm Academy campus abuts the Verona Pointe community. 3. Deviation from LDC Sec. 5.03.02.H. which requires a wall to be constructed where a nonresidential development abuts a residentially zoned district. The requested deviation is to permit the existing 6-foot high chain link fence in lieu of a wall along the eastern property line where the Royal Palm Academy abuts The Strand PUD, and a 4-foot high chain link fence in areas where the Royal Palm Academy abuts the Verona Pointe community. 4. Deviation from LDC Sec. 5.05.08.B. which requires new buildings in non- residential PUD districts to adhere to the architectural and site design standards in LDC Sec. 5.05.08. The requested deviation is to omit the architectural design standards for modular buildings associated with the Royal Palm Academy. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:1/24/13 11-7 5. Deviation from LDC Sec. 5.05.08.C.2.c,which requires the design of primary facades to include a minimum of two 12) specified design features. The requested deviation is to allow the design of primary facades to include a minimum of one (1) specific design feature for the Royal Palm Academy campus. 6. Deviation from LDC Sec. 5.05.08.C.3.c.ii & iii, which requires specified transitional massing elements to be incorporated for a minimum of 60%of the length of the facade, which is in part or whole within the 150 feet of an existing building. The requested deviation is to omit the requirement for transitional massing elements for the Royal Palm Academy campus. 7. Deviation from LDC Sec. 5.05.08.C.4.a.i-v. which requires specified design treatments for projections and recesses to provide for variation in massing. The requested deviation is to omit the requirement for specified design treatment requirements relating to projections and recesses for the Royal Palm Academy campus. 8. Deviation from LDC Sec. 5.05.08.F which requires Planned Unit Developments (PUDs) to comply with the Architectural and Site Design Standards.to allow additional deviations for future buildings within the Royal Palm Academy campus in conformance with LDC Section 5.05.08.F - "Deviations and Alternate Compliance". 9. Deviation from LDC Sec. 5.05.08.C.2.c.i and ii, which requires 30% glazing area for primary facades,to allow for a minimum 15%glazing area. 2.16 GENERAL PERMITTED USES A. 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: 1. Essential services as set forth under LDC;Section 2.6.9.1 2.01.03. 10.Water management facilities and related structures. 11.Lakes including lakes with bulkheads or other architectural or structural bank treatments. 12.Guardhouses,gatehouses,and access control structures. 13.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. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:1/24/13 11-8 14.Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.16 of this document. 15. Signage Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:1/24/13 11-9 SECTION III CAMPUS"C"DEVELOPMENT AREA 3.1 PURPOSE 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. 3.2 GENERAL DESCRIPTION A. Areas designated as "C" on the PUD Master Plan occupy SO 11± 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,�500 students. 3.3 PERMITTED USES AND STRUCTURES A. Principal Uses and Structures 1. Schools,Private(Pre-K through grade 12) 2. Administrative Offices 3. Chapel—incidental to private school function 4. Rectory 5. Cafeteria and food services ' - . .- 7. Recreational Uses, including but not limited to gymnasiums, tennis courts, basketball courts,natatorium,playgrounds and athletic fields. B. Accessory Uses and Structures 1. 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. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: None required. B. Minimum Lot Width: None required. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 111-I C. Minimum Yard Requirements: 1. Front Yard,internal roadways or drives: Five (5)Feet 2. From Livingston Road ROW: Thirty(30)Feet 3. From PUD Perimeter: Thirty(30)Feet 4. From Preserve Boundaries: Principal Structure Twenty-five(25; feet Accessory Structure 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. D. Maximum Building Height: x(30)Forty-five(45)feet zoned height and fifty (50) feet actual height, except for attached steeples, spires, cupolas or related architectural features, which may be a maximum of seventy-f-R43-(-75) fifty (50) feet zoned height and fifty-five(55)feet actual height. E. Required Parking: 1. Parking for all permitted uses in the campus area shall be provided based on the following standards: a. School(Pre K thru grade 8)—5 spaces per 4 faculty members. b. School (grade a 9 thru grade 12)— I space per faculty member, plus 1 space per 5 students. c. No additional parking shall be required for outdoor recreational facilities, administrative offices, chapel, and other permitted uses in the Campus Area. 3. 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. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:1/24/13 III.2 SECTION IV RESIDENTIAL"R"DEVELOPMENT AREAS 4.1 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. 4.2 GENERAL DESCRIPTION A. 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 Land Development Code. 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. B. Areas designated as "R" are intended to provide a maximum of 550 dwelling units. 4.3 PERMITTED USES AND STRUCTURES A. Principal Uses and Structures 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. _.. .. .. B. Accessory Uses and Structures I. Common area recreational facilities. 2. Gatehouses. 3. Temporary sales facilities. 4. Uses and structures that are accessory and incidental to uses permitted in this area. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 IV-1 I. 4.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. 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. 2. Recreation Facilities — 2 per court, 1 per 600 square feet of building area, 1 per 200 square feet of pool water area. No additional parking 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. C. Standards for parking, landscaping, signs and other land uses where such 440 Nt standards are not specified herein or within the Royal Palm Academy PUD, shall be in accordance with the Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated required yards,heights, and floor area standards apply to principal structures. D. 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: Section 4.02.00 of the Land Development Codc in accordance with those standards of the zoning district which is most similar to the proposed use. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added ' ' Last Revised: 1/24/13 1V-2 kf 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 Setbacks' 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' 10' 10' 15' Preserve Setback****4'6 Accessory 10' 10' 10' 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*****s Principal Structures 12' 0' 0' 0' 20' Floor Area Min.(SF) 1000 SF 1000 SF 1000 SF 850 SF 750 SF All distances are in feet unless otherwise noted. *1.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. D. For structures with side entry garages,the minimum 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 often(10)feet. Royal Palm Academy Strikethrough text is deleted PUDA-PL-201 2-1225 Underline text is added Last Revised: 1/24/13 IV-3 ******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. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 IV-4 SECTION V PRESERVE"P"AREAS 5.1 PURPOSE Section V establishes permitted uses and development regulations for areas within Royal Palm Academy PUD that are designated as Preserve"P"on the PUD Master Plan. 5.2 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. 5.3 PERMITTED USES AND STRUCTURES A. 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 1. Boardwalks and nature trails(excluding asphalt paved trails). 2. Water management facilities. 3. Educational kiosks and shelters. 4. 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. No building setbacks shall be applicable for any permitted structure. Maximum height for any structure shall be 25'. 5.4 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. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 V-1 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval,the Managing Entity is Royal Palm Academy,Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 6.2 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 Land Development Code 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. 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 Agreement. 6.3 PUD MASTER PLAN A. 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 Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text Ls added Last Revised:1/24/13 VI-1 ,k i I to the provisions of Section " 5 of the Collier County Land Development Code,amendments may be made from time to time. • r. _ .. - . .- __ .. = - - - - i - - •. . . _ -- r - .._ - -= - .. 6.5 ENGINEERING•• Y •' - retum-cpequeney: //. Imo�, L -_ _. _ . . _ .. • -- C oCnty- ita7 K f! • a - tefviees-Stall — 6.4 UTILITIES :- ., - - . .. _. •- .._ . --- - -- -• • -.. - a __ • , : . .:, . - - -; . - - -. : - -- ., • - Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 VI-2 • cequested. G A. A portion of the project is located within Collier County Weilfield Protection Zone WS/4. Development within the Royal palm Academy PUD shall be consistent with Div=°i 3.1` Section 3.06,Groundwater Protection of the LDC. D:B. Stubs for future interconnection with adjacent properties shall be provided to the southwest corner of the property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project., 6:8 6.55 TRAFFIC - .. : - • _ e .. -- . ; ; : ., - _ . . €ollowing-sentditiensi _ • t Y _ _ • • Y• L"a7r fer-impast-fee-efedits7 •• .. - - _ _ - . __ -... _. _. _. . - _. -- 2004-433-eframendedr • _. _.. - -. . Y - _ - - - _ - _ :: - - _ .. Royal Palm Academy Strilcethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:1/24/13 VI-3 Y . - .. - ' . • - _ _ _ . .- 7 -, __ LT A. All internal access(es),drive aisles and sidewalk(s)not located within the County right-of-way will be privately maintained by an entity created by the Developer(s),its successor(s)in title,or assignee(s). MT B. 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. • signalizcd. Royal Palm Academy Strikethraugh text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 VI-4 C. 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. 6:9 6_6 PLANNING Pursuant to Section 2.2.25.8.1 4.07.02 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. 6:44 67 ENVIRONMENTAL A. 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. B. A minimum of thirty (30) percent of the gross site area shall be open space, as described in Section 2.6.32 of the Land Development Code. A minimum of 39 acres of native vegetation must be retained within the PUD. C. 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. D. 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/ Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 VI-5 construction plan approval. At a minimum, a plan shall be provided for woodstorks that were observed on site. E. Setbacks from preserves shall be as required in the Royal Palm Academy PUD,Table 1. F. 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. G. 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. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:1/24/13 VI-6 EXHIBIT A-PUD MASTER PLAN nlra,e..rw.,Room lc+uwel.e/+ww,RArr N1...•rr,.nrgrr.rrrAAN.IIM mown alga ru 2 r1 A 07 Y r+ Y i p '� c pppp� � ' iitee: gli iiii Ili i Q .:r:l rl00 8111 818 08 I:I:+:Ir i g� h ,:+:l:r..4+h:r'u'y1 r.,.r:+.1:1.h:1. II yy :+1 : :: 4441.:.:.:.:.. 1 } � �� • 2.111g ���Y 0 Qs �+ :i�;,,:4.9�,:+:,',ti.:+:.:r:,:r:r:/:r ���^^^ ••,�1 1111 � �� pip� � ��. Ski tlih•1tr;lti:/ait�+.rl�,l�y'I:r'h� : L4 S T :ia ,:,:1i1:1:111. 1:1:1'I:Ii IIr.,. ii iii )x O o 1111 g i� III Z ,iy D IMY ','1:+.101.1:IS/.1:1'1:+:1:1:41:1:14 Y: ::::5,,.:.:::.,...,),:...„4.,....:.:,s:.6:.,:..:.....;rl 1:141'+.+1+'1:.;1+ a r I.1:1:,:.:1.r.x.'1.41:1.1.1:..1:1:1:4 RI irc SIN i ill 1 Cb 414116751 p i 1 i 11P tl 1 1-"CI !44 1 1 1 ll-"- 1 Iliv iiii nio) ii ill !I 171 1 03 i II 4 1a co 2 igfir 11-71 g "i / 11 il i ` 9 m 4 .'I q § r At li J 4 Sa M 1r M TQ 'f t7p/ 111 r 1 71\g v'3!4.L1S, :1-"t-r-Z/. / .4.1 1 4 . .. ii.: , . , ,3 P ' min c 6 A CAMPUS 1 Ill _ tee _ a gillig ill 3111 1 .Z r2 � SCALE:N_T.9. II " Ir1A® TMD:W6" ROYAL PALM ACADEMY PUD WALDROP ..i CAM: MAID oYloo1111TY=am= E11i8f11 3� N16 CLIENT:ROYAL PALM ACADEMY,INC— • PUD MASTER RAN ••_• Royal Palm Academy Strikethrough text is deleted "*"..., PUDA-PL-2012-1225 Underline text is added Last Revised: 1/24/13 VI-7 Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package COVER LETTER WALDROP ENGINEERING ,r; z / \ CML ENGINEERING&LAND DEVELOPMEN>f CONSULTANTS \\ — August 3, 2012 Mr. Michael Sawyer Zoning& Land Development Review Department Community Development& Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Royal Palm Academy PUD Amendment(PUDA) PUDA-PL2012-1225 Dear Mr. Sawyer: Enclosed for your review is an application to amend the Royal Palm Academy PUD ("Property"), a 162+/- acre project located on Livingston Road, approximately 1.5 miles north of Immokalee Road in unincorporated Collier County, Florida. The Property is located within Section 13, Township 48 South, Range 25 East, and is designated within the Urban Residential Subdistrict per the Collier County Future Land Use Map. BACKGROUND/EXISTING CONDITIONS: The Property was originally rezoned in 2003 from Rural Agricultural (A), with portions having a Special Treatment (ST) overlay, to Planned Unit Development (PUD) per Ordinance 03-54. This approval allows for the development of a 50+/- acre school campus, 550 residential dwelling units, ancillary uses, and open space/preserve areas. In 2011, an administrative modification to the PUD master plan was approved per PMC-PL2011-1618, which resulted in a more conceptual layout of the campus area. To date, an 11+/-acre temporary campus has been developed in the portion of the project east of Livingston Road, in addition to 350 residential units in communities known as Milano and Verona Pointe. In terms of the surrounding development pattern, North Naples Middle School abuts the property to the north, in addition to vacant lands zoned for agricultural uses, and a CFPUD approved for a 500-seat church and pre-school. To the east are golf course and residential uses associated with the Pelican Strand community. To the south is the Madeira PUD developed with residential uses, RSF-3 zoned lands developed with residential and golf course uses as part of the Imperial Golf Estates, and vacant lands zoned RPUD known as Marsilea Villas. Lands to the west are zoned RSF-3 and are also part of the Imperial Golf Estates community. 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. Royal Palm Academy PUDA-PL-2012-1225 Cover Letter Page 1 of 3 REQUEST: Royal Palm Academy, Inc. ("Applicant") is requesting approval of a PUD Amendment to designate the 11- acre temporary campus to the east of Livingston Road as the permanent school campus, and reduce the estimated student population from 1,250 to 500. The Applicant is not seeking any additional density via this amendment. Additionally, the Applicant is not requesting changes to the approved schedule of uses or the site development regulations, with the exception of a reduction to campus building height. Buffer yards are proposed in compliance with the Land Development Code and the previous RPUD approval. As such, the Royal Palm Academy PUD will remain compatible with surrounding developments. The Applicant is also proposing the removal of various commitments that are reiterations of LDC and/or GMP requirements, or those commitments that have been satisfied. ENVIRONMENTAL CONDITIONS: The proposed PUD Amendment does not impact the environmental commitments approved as part of the original PUD. Jen Florida VI, LLC, the entity which owns the vacant portion of the PUD to the west of Livingston Road and south of Learning Lane, has concurrently filed an application for Minor Change to PUD Master Plan (PMC) to reconfigure the on-site native preserve administratively. This application will be reviewed and processed entirely separate from the proposed PUD amendment. However, for consistency purposes the enclosed revised master plan demonstrates the reconfigured preserve areas as proposed in the PMC application. The project will continue to provide the minimum 39 acres of on-site native preserve in accordance with the LDC and GMP. INFRASTRUCTURE: The proposed amendment will not negatively impact public infrastructure, as the Applicant is proposing a substantial decrease to the approved campus acreage, without a corresponding increase to the residential component of the PUD. Therefore, approval of this amendment will have a net positive impact on surrounding public infrastructure. CONCLUSION: In summary, the proposed amendment will allow for the continuation of the existing Royal Palm Academy campus in its current location due to changes in market demand since the original PUD approval. Future expansion of the campus will be in accordance with the all applicable PUD development standards, and will be consistent with the LDC and GMP. The Applicant is not seeking additional density or uses via this amendment, and no significant changes are proposed to the approved development standards. Royal Palm Academy—PUDA-PL2012-1225 Cover Letter Page 2 of 3 Per the Pre-Application Meeting Notes,the following items are enclosed for your review: 1. Ten (10) copies of the submittal cover letter detailing the purpose of the amendment request; 2. A check(#0090162182) in the amount of$14,367.50 for the PUD Amendment Application Fee; 3. One (1)copy of the pre-application meeting notes; 4. Ten (10)copies of the completed Application, including Evaluation Criteria Narrative; 5. Ten (10)copies of the current PUD document and Master Plan; 6. Ten(10)copies of the proposed PUD Master Plan; 7. Ten (10)copies of the proposed PUD document in strike-through/underline format; 8. Three (3) copies of the Warranty Deed; 9. One (1)original and one (1)copy of the Owner Affidavit by Royal Palm Academy, Inc.; 10. One (1) original and one (1) copy of the Owner Affidavit by Jen Florida VI, LLC; 11. One (1)original and one (1)of the Covenants of Unified Control by Royal Palm Academy, Inc.; 12. One (1) original and one (1) of the Covenants of Unified Control by Jen Florida VI, LLC; 13. Two (2)copies of the approved Addressing Checklist dated 3/27/12; 14. One (1)copies of the Traffic Impact Statement(TIS)Waiver request; 15. Ten (10) copies of the Requested Deviation &Justifications; and 16. Three (3) copies of the entire submittal documents on CD-ROM. Should you require additional information or have any questions, please feel free to contact me directly at (239)405-7777, ext. 207, or alexisc Pwaldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. 0010 Alexis V. Crespo, AICP, LEED AP Principal Planner Enclosures cc: Andrew Saluan, Royal Palm Academy, Inc. w/enclosures Chris Hasty, Pulte Homes Corp.w/enclosures Richard Yovanvoich, Coleman,Yovanovich & Koester, P.A. w/enclosures Sandra Bottcher, SLB Consulting of SW Florida, LLC w/enclosures Royal Palm Academy—PUDA-PL2012-1225 Cover Letter Page 3 of 3 Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package PRE-APPLICATION MEETING NOTES 1 copy 1114 `�. Fc Co er County l b 4604344: 113113 : 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 PRE-APPLICATION MEETING NOTES C PUD Rezone (PUDZ) 1■ ∎PUD to PUD Rezone (PUDZ-A) 7 PUD Amendment (PUDA) PL# 2c:42. .112_6 1t4.t t-- Date: b. •2" .1,2 Timer-e=41:1 Firm:joiAg.i Project Name: { iC iALL T A Y_ Size of Project Site: acres Applicant Name: ALEA Cri--EFIC Phone: Owner Name: Phone: Owner Address: City State ZIP Existing PUD Name and Number_ .. P_ZWI dat • (IS, Assigned Planner f1Y •1lIh�`rf-f� Meeting Attendees: (attach Sign-In sheet) Meeting Notes CDMp PIahninj : Igo apparr -- FLUE/GMP 1Tsocs-. (MCC) /Vcsrmn-2 7� CCha r\I e POD i 5 -J red ur e 444 pr S e,ru e ec.Cr , -v +1,4_ (irn , A t m o/m 9 Ife< ✓:rte. SI., 0, _1_4_4, r., a (/L, :eSerJL u-t ?4j 4 S41 a� Cu_/�c;l&/.,-,J / yz '-F.4.2 PL�`!J S ✓h in t' ( 1 411-)17 I, c t-2 e n V r or'l►'�— ( C2uC"-r: l`C� ,S te ,-/ -i-1 L pC, secLi, 1,,,,4,,,..)1 qty Ci' � / //>�T"i� S ���G/ f j J (it,i��./, ..Y �/6.(:I' 4 r117 1 / f / / 4. " i /4 7.- /p/°e.S e .j `,n m, i !) e `.'E.. :.S Ue�✓� �p/Gl �`/0C/JSU. " J e"e P 'vide i.1 f t.%rn_..i., e i!cr-ta -I -c.!1 ci t' ii 'mot C')erVe. 7-/�jjke (714;77,-4 / / / /5 5 ii/ C On S/Pi, -I--r JUNE 2011 Additional Notes: RiOa4 l �� s 6C-11•4 /w,.,,{,,,��/ /�//\\ ; omeNik CoIP r Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coliiergov.net SCHOOL CONCURRENCY- For information regarding the school concurrency application process, please contact the School District of Collier County-Students, Staff Projections,Allocations and Reporting Department at 239-377-0254. PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ-A) PUD AMENDMENT (PUDA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN 1'HE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF REQUIRED NOT COPIES REQUIRE STANDARD.REQUTRL NTS 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary 2i x Completed Application(download from website for current form) ® X+ PUD Document& Conceptual Site Plan 24"x 36"and One 8 1/2" x ![Li 11"copy Revised Conceptual Site Plan 24"x 36"and One 8 %2" x 11"copy x Original PUD document and Master Plan 24"x 36" g ONLY IF AMENDLNG THE PUD X Revised PUD document with changes crossed thru&underlined Revised PUD document w/amended Title page w/ord#'s, LDC [i 10.02.13.A.2 X Deeds/Legal's &Survey(if boundary of original PUD is amended) 3 List identifying Owner&all parties of corporation 2 x Owner/Affidavit signed¬arized 2 x Covenant of Unified Control 2 :X Completed Addressing checklist 2 K Environmental Impact Statement(EIS) * or exemption justification 2 Digital/electronic copy of EIS (copy for Planner&Environmental) 2 Historical Survey or waiver request 4 Utility Provisions Statement w/sketches 4 Architectural rendering of proposed structures 4 Survey,signed&sealed 4 X Traffic Impact Statement(TIS) o waiver th applicable fees) 7 Copy of Traffic Impact Statement on CDROM 3 Aerial photographs (taken within the previous 12 months min. scaled 1"=200'), showing FLUCCS Codes, Legend, and project boundary 5 JUNE 2011 Cotter 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 Electronic copy of all documents in Word format and plans(CDRom 1 or Diskette) Justification/Rationale for the Deviations(must be on a separate ❑ sheet within the application material; DO NOT include it in the PUD )(I documents) Copies of Official Interpretations and/or Zoning Verifications 1 School Impact Analysis Application(residential components) 2 1 set for School District(residential components) Affordable Housing or Economic Development Council Projects: EDC"Fast Track"must submit approved copy of official application 2 DAffordable Housing"Expedited"must submit copy of signed Certificate of Agreement. **If project includes an Affordable Housing component,you are required to !" schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239-252-2273. ❑ Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Agreement# ❑Deltona ❑ Lely Barefoot Beach ❑ Port of the Islands Interlocal Route package to: The Conservancy,Attn:Nichole Ryan 1450 Merrihue Dr.,Naples,FL 34102 ❑ If located in RFMU (Rural Fringe Mixed Use)Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation& Prevention Plan", LDC Section 2.03.08.A2.a.(b)i.c. ❑ If located within V2 mile of City of Naples, send copy of submittal package to: Robin Singer, Planning Director City of Naples, 295 Riverside Circle, Naples, FL 34102 JUNE 2011 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DNISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX(239)252-6358 www.collieroov.net PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL DISTRICT(residential PARKS&REC-VICKY AHMAD omponents)Amy Taylor SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER P ► DISTRICT AR/EM1 -EMER.MGMT-Dan UTILITIES ENGINEERING: PAULO Summers MARTINS OF NAPLES, Robin Singer, BAYSHORE/GATEWAY TRIANGLE Planning Director REDEVELOPMENT Executive Director CONSERVANCY,Nichols Ryan N FIRE REVIEW: RICCO LONGO EMS-ARTIE BAY ENGINEERING:JACK MCKENNA NETRANS. PATHWAYS: ALISON ic COMP PLANNING: (SEE SIGN-IN BRADFORD SHEET FROM PRE APP MEETING) Nei l' ENVIRONMENTAL:SEE SIGN4N SHEET FROM PRE-APP MEETING) Fees Application Fee: ❑ $10,000 (PUD Rezone)+$25 per acre(or fraction of thereof) ❑ $8,000(PUD to PUD)+ $25 per acre(or fraction thereof) ❑ $6,000 (PUD Amendment) +$25 per acre(or fraction of an acre) ® Fire Code Review—New PUD Rezone$150,PUD to PUD Rezone$125, PUD Amendment$125 ® $2,250.00 Comprehensive Planning Consistency Review ® $500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting(advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). • xronm- •El is .- • fee �____ ❑ $1000.00 Listed or Protected Species survey review fee(when an EIS is not required) ❑ Property Owner Notification fees. Property Owner Notifications $1.50 Non-certified; $3.00 r,o4-'> Certified return receipt mail(to be paid after receipt of invoice from Dept. of Zoning& Development Review) Attach a Separate Check for Transportation Fees,(Refer to Exhibit A): $500.00 Methodology Review Fee,if required*Additional Fees to be determined at Methodology Meeting. Fee Total S JUNE 2011 Coy er County pisok COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.collieraov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shalt be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.6.8. Notification shall also be sent to property owners,condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no Less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location,time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five(5) days before,the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer(specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS.A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. JUNE 2011 �0, -5 5_ _ > `J c c 6 c C a) c 76 V a c-` a) o > 2 a HUH U O O - 0) -NC N 0 0 co _ 0 ` ^gal,W al y _ U v .-E. vY W C O v ` ` Y > ; .?*-4 .. , cu JO -a00a �=� � o � c 4 iii U � aac •c . I ' o • v ' � � rn rn1 -- , 00 °. i 3 Q m uso o L a a) c o .. L u u V) � p ` C) a ! r `E ) 0) 03 CD .�O w 2 aU C� a a , — "-q h .,g ce r c I— Co w r N 0LC) ) C) 1- N. 0e- oe- CC000 = aO cti L. r-- N CO 0 It G) N co LC) c- C) e.. Cr) O) e- Z C COc- C) (.C) Nt0) 0) CDCD 0N0) etLO E�� r''• `r G xN CO LC) N9NNNCOC CO (' '20009 W `r7 • rig. e i i Z [� In OVNNNNNNI` NNNNNN N to LC) LO in en en en C) to Ln u) en to to Q i `C} O vo N NNNNNNNCONNNNNN = r1 k a a N non 0 VS *BM ... g I N 0. ` a) , C� N a c .5 3 a) L c 3 Ec E3 ,z a. CD • , c N a. " .00_ .5 2 5 H ': m C I :� fA OC O a) W d Cann R3 a)•- "> a) c , rn a):= N p To c CO J c E o c E m c• o .c t C) a o w Q �'- yci � m c � N o CI) a.� E aai a. �' v 61 ' N o o a) o c u) c o = a W y j 0. IL WIYDDW E < MUJI- a. W QW Ar- _ 3 ..4 •4 1 w W N a c y U c licC.) f`r G a 8 i .2 a Z L oc .5 E — c � Q a`. a) 0 a z , Z o u) as LI N � 0) ac) N „ -C 3Y Q �� Vl 0 J ~ I- (.- mm V a3QLL � J U a 5 0 tv � Z c W W N c CD >+ a � a � U? .c v o: b o_ t ` w Y � a) saa . ao0to 1 0 r Cr Q2U0c.) a. LEA ll fnU .2 .. o 1 -1_1 , 1 I ,ii„,,„,, ti ....c.-%-------) , , /. # __ ,_, ! CI 1 I , a N G __E.___,)Q, , 2 tit — -' r f , .04 3 ,.1 �� (A oc u . k g �1-- ` CC us m b�' r ZhV K1 O ` f W N. n " 44 � O 4 ` `` n) ` 2 Q r6 U l c 0 i O ii a cto m Z d o Z F: iii 9' m 0 WH .c aI `` = r , • C co va ih ) -t t I r,. Cl- 4 8 S �• CO 0 g- -7 N 7 U as W S1 d' - ?� I i g z �, ` J i i cn , c..) _., 4 C L. � ; o i El i VT I MAR/26/2012/110N 04:03 PM Waldrop Engineering FAX 10, 239 405 7899 P. 001 Colker County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)25Z 2400 FAX (239)252-5724 WWW.COLUERGOV.NET ADDRESSING CHECKLIST Please complete the foliawing and fax to the Operatlone Department at 239.252-572.4 or submit in person to the Addressing Department at the above address. form must be sioned by Addrassina oersorrnel prior to application meeting:.meetht9.please allow 3 days-fotorocessink Not al Items will apply to every project. Items in bold type are required.FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department PETiTiON TYPE(Indicate We below, complete a separate Addressing Checl st tread?Pehtian type) BL(Blasting Penn (Site Development Plan) BD(Boat Dock Extension) ❑ DPA(DP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Ste Improvement Plan) ❑ EX?(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unpiattod) ❑ PNC(Project flame Change) ❑ TDR(Transfer of Development Rights) PPL(Plana&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site 91 Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description maybe attached) lt See attached 44 -an-13 Q .1 c e-_1_ 41 spa .1fnq j'�.0 eck Lo 7 ` -11 Q FOLIO(Property ID)NU MBER(s)of above(attach to, or essociata with,legal description if more than one) 00150320009, 00151280009, 00151440108, 00150200006,00151400009,00151160006 ,CO‘ 64:1.1-16C% STREET ADDRESS or ADDRESSES(ea applicable,ft'already assigned) no site address • LOCATION MAP must be attached showing exact location of project/sits in relation to nearest public road right- of-way • SURVEY(copy -needed only for unpiatted properties) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER (fcr existing projects/sites only) SOP - or AR or PL$ mnni :o/ Lu u11E0 uz waidrop Engineering t 11: 939' '4 5 7809 P. 002 County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ AP NORTH HORSESHOE DRIVE PLANNING AND REGULATION NAPLES,FLORIDA 34104 (235)252-2400 FAX (239)252.8724 WWW.COLUERGOV.NET Project or development names proposed for,or already appearing In,condominium documents(if indicate whether proposed or existing) C application; Part of Royal Palm Academy PUD Please Check One; ® Checklst is to be Faxed back ❑ Personally Picced Up APPLICANT NAME: Jeremy Arnold, PE PHON E 239.405.7777 FAX 239.405.7899 Signature ort Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department FOR STAFF USE ONLY FLN Number(Primary)np 1, 1r) e 0069 O( t 5 (5`P Folio Number n 0 l 1 n9 d a ISO eolinco 4 Polio Number g Folio Num ber O )do y(a t i-4 4aooq Approved b Oeto: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package ORIGINAL PUD DOCUMENT & MASTER PLAN 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, Fl 34134 DATE FILED DATE APPROVED BY CPCC DATE APPROVED BY BCC 9/23/03 ORDINANCE NUMBER 03-5 4 EXHIBIT"A" TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE SECTION I LEGAL DESCRIPTION, PROPERTY I-1 OWNERSHIP AND GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT II-1 SECTION III CAMPUS AREA III-1 SECTION IV RESIDENTIAL AREA IV-1 SECTION V PRESERVE AREA V-I SECTION VI DEVELOPMENT COMMITMENTS VI-1 EXHIBIT A PUD MASTER PLAN EXHIBIT B SURFACE WATER MANAGEMENT PLAN • 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 [62.7 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: 1. The subject property is located within the Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map. 2. 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. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. 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 5. 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. 6. 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. 7. 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 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE 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. 1.2 LEGAL DESCRIPTION The subject property being 162.7 acres more or less, is described as: PARCEL 1-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 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 88°5115" W. FOR A DISTANCE OF 1988.19 FEET; THENCE N 00°11'06" W, FOR A DISTANCE OF 67198 FEET;THENCE RUN S 88°54'24" W, FOR A DISTANCE OF 663.00 FEET;THENCE RUN S 00°1224" 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 00°15'00" 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°00'5I"E,FOR A DISTANCE OF 262.56 FEET;THENCE RUN S 58°22'58" 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 78°20'24" 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 I-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-1 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 36°24'45", SUBTENDED BY A CHORD OF 1279.34 FEET AT A BEARING OF N 18°1726" 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 00°02'40" 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°0621" 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 60°47'04", SUBTENDED BY A CHORD OF 1793.33 FEET AT A BEARING OF S 30°27'47" 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 PARCEL 2-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: 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 00°02'40" W, FOR A DISTANCE OF 42.69 FEET:THENCE RUN S 33°36'24" 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 9119/03 I-2 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 48°40'33" 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 1601.90 FEET TO THE POINT OF BEGINNING, CONTAINING 14.772 ACRES,MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The property is currently owned by Naples Education, Inc., and Royal Palm Academy, Inc. 1.4 GENERAL DESCRIPTION OF PROPERTY A. 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. B. 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. C. 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. D. Soils on the site generally include Hallandale fine sand and Boca, Rivera, Limestone Substratum and Copeland fine sand depressional. E. Existing vegetation on the site consists of melaleuca, Brazilian Pepper, palmetto prairie, pine flatw000d, cypress, Cabbage Palm and disturbed lands. Wetland areas have been heavily impacted by melaleuca. F. 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 9/19/03 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'III"LE This Ordinance is known and cited as the "Royal Palm Academy Planned Unit Development Ordinance". 9/19/03 1-4 Alomk SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE Section II delineates and generally describes the plan of development and identifies relationships to applicable County ordinances,policies, and procedures. 2.2 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. B. 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. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. 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. B. 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. C. 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 H-1 D. 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. 2.4 LAND USES A. 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. B. 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. 2.5 LAKE SITING A. 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. B. 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: 1. 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 Iine. 9/1 9/03 II-2 lok 2.6 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. 2.7 MODEL HOMES SALES OFFICE AND CONSTRUCTION OFFICE A. 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. B. 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) t acres of preserve area shall be shown on the applicable SDP or plat for that residential component lying west of Livingston Road. 9/1 9/03 11-3 2.11 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. 2.12 DESIGN GUIDELINES AND STANDARDS A. 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. 2.13 LANDSCAPE BUl-HERS, BERMS, FENCES AND WALLS A. Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the PUD. B. 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. C. 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). 2.14 SIGNAGE A. GENERAL Signage shall be consistent with the LDC except as provided below: 9/19/03 11-4 1. Each platted parcel shall be considered a separate parcel of land. 2. Signs and decorative landscaped entrance features within a County dedicated right-of-way shall require a right-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. 4. 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. B: PROJECT ENTRY SIGNS 1. Two ground or wall-mount entrance signs maybe located at each project entrance on Livingston Road including both sides of the entrance right-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. 2. 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. 3. 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. 4. 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. C. ON-PREMISES SIGNS 1. 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. 9/1 9/0 3 1I-5 2. 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. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. 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. B. 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. C. 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. b. A 5-foot wide sidewalk shall be provided on one side of each residential street. 2. 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 to meet this standard. Streets and drive aisles shall meet applicable NFPA criteria. 9/19/03 11-6 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. 3. 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 A. 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: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, subject to a Temporary Use Permit. 6. 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. 7. Signage. 9/19/03 II-7 SECTION III CAMPUS "C"DEVELOPMENT AREA 3.1 PURPOSE 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. 3.2 GENERAL DESCRIPTION A. 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. 3.3 PERMITTED USES AND STRUCTURES A. Principal Uses and Structures 1. Schools, Private (Pre-K through grade 12) 2. Administrative Offices 3. Chapel —incidental to private school function 4. Rectory 5. Cafeteria and food services 6. Residential dwellings, consistent with Section IV of this PUD 7. Recreational Uses, including but not limited to gymnasiums, tennis courts, basketball courts, natatorium, playgrounds and athletic fields. B. Accessory Uses and Structures 1. 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. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: None required. B. Minimum Lot Width: None required. 9/1 9/03 III-I C. 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 Twenty-five (25)* feet Accessory Structure 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. D. 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. E. Required Parking: 1. Parking for all permitted uses in the campus area shall be provided based on the following standards: a. School (Pre K thru grade 8)—5 spaces per 4 faculty members. b. School (grade 9 thru grade 12) — 1 space per faculty member, plus 1 space per 5 students. c. 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 SECTION IV RESIDENTIAL "R" DEVELOPMENT AREAS 4.1 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. 4.2 GENERAL DESCRIPTION A. 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. B. Areas designated as "R" are intended to provide a maximum of 550 dwelling units. 4.3 PERMU t ED USES AND STRUCTURES A. Principal Uses and Structures 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. 6. 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 2"d classroom building. B. Accessory Uses and Structures 1. Common area recreational facilities. 2. Gatehouses. 3. Temporary sales facilities. 4. Uses and structures that are accessory and incidental to uses permitted in this area. 9/19/03 IV-1 4.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. 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. 2. 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. 3. 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. C. 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. D. 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*' 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******' 20' 20' 20' 20' 20' Rear Yard Accessory Setback**2 10' 10' 10' 10' 15' Preserve Setback****4'6 Accessory 10' 10' 10' 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*****3 Principal Structures 12' 0' 0' 0' 20' Floor Area Min. (SF) 1000 SF 1000 SF _ 1000 SF _ 850 SF 750 SF All distances are in feet unless otherwise noted. *' From 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 minimum front yard may be reduced to 12'. **- 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 planing and/or SDP process. 7 No principal structure shall be located within 5'of a required landscape buffer. 9/19/03 IV-3 SECTION V PRESERVE"P"AREAS 5.1 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. 5.2 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. 5.3 PERMITTED USES AND STRUCTURES A. 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 1. Boardwalks and nature trails (excluding asphalt paved trails). 2. Water management facilities. 3. Educational kiosks and shelters. 4. 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. 5.4 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_ SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 6.2 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. 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. 6.3 PUD MASTER PLAN A. 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. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the LDC. B. 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. 9/19103 VI-1 6.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County LDC, Division 3.2. Subdivisions. 6.6 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. A. 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. C. Final construction plans will be reviewed and approved by Collier County Engineering Services Staff. 6.7 UTILITIES A. 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. B. 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. C. 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. 6.8 TRAFFIC The development of this PUD Master Plan shall be subject to and governed by the following conditions: Amos 9/19/03 VI-2 A. 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. B. 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. C. 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. D. 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. E. Road Impact Fees shall be paid in accordance with Collier County Ordinance 2001-13, as amended. F. 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. G. 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. H. 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). I. 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 document pedestrian and bicycle travel ways will be separated from vehicular traffic areas in accordance with recognized standards and safe practices. J. 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. K. All work within Collier County right-of-way shall meet the requirements of • Collier County Ordinance No. 93-64. L. 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). M. 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. N. 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. O. 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. P. 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 A. 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. B. 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. C. 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. D. 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. E. Setbacks from preserves shall be as required in the Royal Palm Academy PUD, Table 1. F. 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. G. 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 ckidwgeRpAzON IN NACPrsv4_172003Awg.EXHIBR A,O7=2003 099$;44 AM Yy • •• • Y M r �i■ ilipritill 1111 112 ill II /' a•NMI MIMI i 11 is I laij /I*1 If 1 1 .i + ,„,. ; . i 1 .......•.......•.......•.•...., ix, lif /1151 I ilk , �� ..11.11.••••••••••1.11.•••••; I . • ........ • ., r . 11 • • • • • • • • • • •/ r • ! 1 1 1, _...., I 4iiir gi P ra re ..... A Ir 1 •I ,,. , J ,rte —Th 4111E114 am -1. Tit ili VA 1 6 —11 4 Iii x )1 I s i t_:L707 / i 11". I / ///./It 9 1 {: 4 i Ij ao�- a r „A.." 0.4-04-0-0 � ll, O Is."° .r . / i 441 :i . . /i., i t P. 1111 - i ..... . --. ;,7 -.-cja " / / A , //e- / 11. 1 1 a * 1 • // / i _...j j h . . ,AIREA1:-,/ „,/„ ,c.c.. .‹.... , d �s , ...i__ ____,...-:„dompir/41~4 Id■ ilii ; i r--� a _ • 1 Exhibit "A" 92ntY 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 AP 'LICAION 7. yR . � � d .. ..� � W �..--. �� �� t•11FT��-—3 ���� i���'' �`^C 'eRH3n'"!�J^ `bu�';rN'k�j kv_ UI AMENDMENT TO!UD(E UDA Q PUD REZONE 7011:46i606#001414' PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ! APPLICANT/INFORMATION 1 NAME OF APPLICANT(S) Royal Palm Academy, Inc. ADDRESS 16100 Livingston Road CITY Naples STATE FL Zip 34110 TELEPHONE # (239) 596-9500 CELL# FAX# (239) 596-9505 E-MAIL ADDRESS: andrew @ajsrealtygroup.com NAME OF AGENT Richard D. Yovanovich, Esq. ADDRESS 4001 Tamiami Trail North, Suite 300 CITY Naples STATE FL zip 34103 TELEPHONE # (239) 435-3535 CELL# FAX# (239)435-1218 E-MAIL ADDRESS: rovanovich @cyklawfirm.com NAME OF AGENT Alexis Crespo,AICP ADDRESS:28100 Bonita Grande Dr., Suite 305 CITY Bonita Springs STATE FL ZIP 34135 TELEPHONE#(239)405-7777 ext. 207 CELL# (239)850-8525 FAX#(239)405-7899 EMAIL ADDRESS:alexisc(a�waldropenaineerinq.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. February 4,2011 Cor County Amok 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 Z 6/28/2011 leased ❑ Term of lease yrs./mos. 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. I PROPERTY LOCATION I Aollk Detailed legal 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 13 /48 /25 Lot: Block: Subdivision: Plat Book: Page #: Property I.D. #: SEE EXHIBIT "A" Metes & Bounds Description: See Attached PUD Document, Section I Size of property: ft. X ft. = Total Sq. Ft. Acres 162.7 Address/general location of subject property: 16100 Livingston Rd., Naples, FL 34110 PUD District (LDC 2.03.06): El Residential ❑ Community Facilities ❑ Commercial ❑ Industrial February 4,2011 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.collierqov.net ADJACENT,ZONING AN©LAND USE Zoning Land Use N A;CFPUD Collier County Public School(North Naples Middle School);Vacant S RSF-3;RPUD;PUD Single Family Residential;Vacant E PUD Single Family Residential;Golf Course(Pelican Strand) W RSF-3 Single Family Residential(Imperial Golf Estates) 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 / / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning distric(s). Present Use of the Property: School Campus, Residential Uses Proposed Use (or range of uses) of the property: School Campus, Residential Uses Original PUD Name:Royal Palm Academy Ordinance No.: 03-54 February 4.2011 — 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 EVALUATION CRITERIA 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.B) 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 Attached Evaluation Criteria Narrative. 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 onok recommendations of this type shall be made only after consultation with the county attorney. See Attached Evaluation Criteria Narrative. 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, policy or other provision.) See Attached Evaluation Criteria Narrative. 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 Attached Evaluation Criteria Narrative. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. See Attached Evaluation Criteria Narrative. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. See Attached Evaluation Criteria Narrative. 7. The ability of the subject property and of surrounding areas to accommodate expansion. See Attached Evaluation Criteria Narrative. 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 Attached Evaluation Cntena Narrative. February 4,2011 lab 41m000001.11.11.11° Co Io ff 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 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 property: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ❑ 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 last 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.Q.) Febjja42OEl CofaYCounty Department of Land Development Services, Growth Management Division,Planning and Regulation November 8,2011 Ms Sandra Bottcher SLB Consulting of SW Florida, LLC P.O. Box 2826 Bonita Springs, Fl 34133 Re: PMC-2011-PL2011-1618, Royal Palm International Academy Dear Ms Bottcher: This letter is in response to your application of August 3, 2010, requesting an administrative approval of a minor refinement to the adopted Royal Palm Academy Conceptual Master Plan pursuant to Section 10.02.13.E.8 of the Land Development Code (LDC). The proposed change is depicted in your application "Exhibit A, Conceptual Master Plan" dated September 2011 which is limited to the "Ca-Campus portion of the plan that designates the general location of the Campus Area and uses outlined in PUD section three. Staff notes that the minor change proposed on the revised Conceptual Master Plan as noted above is limited to the Campus Area and consists of removing site detail elements that include the conceptual location of campus buildings, parking areas, athletic fields and other site elements. The level of detail shown on the approved master plan does not accommodate all of the allowable uses permitted in the Campus Area section of the PUD. The revised Conceptual Master Plan will reduce confusion with the approval of potential future development for this portion of the development. From the information depicted on the revised Conceptual Master Plan provided in your application, it is the opinion of staff that the removal of the specific campus site elements is consistent with the Collier County Growth Management Plan and with the criteria contained in the LDC permitting administrative approval of minor changes to an approved Master Plan. Therefore, the requested minor revision is approved. A copy of this letter and the attached CPUD Master Conceptual Master Plan dated September 2011 will be filed with the adopted PUD documents. If you need further information or assistance please contact me at 239-252-2926. R- arched and prepared by: Reviewed by: • ich-el Sawyer, •roject Manager Raym d V. Bellows, Zoning Manager Land 'evelopme Services Land Development Services Cc: Peggy Jarrell, Addressing Section Laurie Beard, PUD Monitoring Royal Palm International Academy PUD file PMC-PL20I I-1618, Page 1 of 1 Royal Palm International Academy. S N ZOO.A DIVAING LYE VACIAC IAMMGM M...t V kAMICAM YR, AMMO A Ar rot....A IA. ZOOM A arm. • A. ■ AA 011.11C IJIE•.00 M.0:0WCPAIT Irgr;00% Ar MAMA.Mmera.}. "i•U"="4 .) ..la '''..../-"C.s.%•- al. ' ‘ •4' s R 9,,, ,/ --1---i- 1 R 7.4 --yr ....... . . . . . ...•.•.•. . . ,_..„ ...........,.......mama MEM . . . . . . . . . . . . . . Nell' '• v.•......, „ 1 •,..........:•:-:.:-:-:•---•:•------- CAM c PUS I I 1 V 1 I .IASC■V •MM.—.1.-- = • . . . . . a . . . . . . . . . . . . J.I ..1. Z.Z.-Z..;....P''. i .. .'s I •• . = •AW am.owl. e....N.ay.) L....."•.` .... I , .......e es. ......a. AC ,..-----,...-- ,_ X .00 AW-1 R 1.1.1 DEM.WM:MAMMAL COW COMM 13.1g5 ZOOM MAO I UM MOA .. ‘.__._.._,...)." E CA TE WWI OPMENT AMMO IAM !NOT ' % I AIAS.I UM 14 S.. ;IRO RAJ FR- R I Celf COME ■••,AV V um:Mak MAMA—..--.r` ' ,I ‘.. R R •aarrant=2'74•21=.7.21.•••••'••. •41==1■14==.•VS:::="Zsa XI 7 SUMMARY i A..6 1•• •,•:90•••• 3•• ......=Et.....t.:.■.....751."=.....i...÷.....trar.... I A.. . I 1 •001.....• M-MEAIM AMMAMMIMMI M. ....._ .=.4,7%,mr„..,..........................• .....,... L../.....: e i R , :,.1.1 __.: ...nee Ir.11•Nran soma R / MAMMA MAD MING tiM,MAMA 1 1 1 I I I • ....A.TORe...........,A■...I A,... 4.11 N•mili A ''' SLB CONSULTING ---- ..... _......._- OF SW FLORIDA,LLC EXHIBIT'A' CONCEPTUAL MASTER PLAN ........ .---,.... PO ACK AM IMMM~MI M.NAM 7.7--,_..,1 MOW MO2M.IM■ so. A 7 ! /Am., Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package PROPOSED PUD MASTER PLAN an cco Mill �7 m t1t 41 p rim j Z lr i� tit 9,'-9 NO NE ° li 41 11111111 a , M = Z••111 $I • j II ! Ø1I � ,, �m _ �R REWIRED -- -- 1 x I 0 g j a v a ii il?f41 ;r 1 -�� T di K , x E. A K it g mg A i ri y y a 5 4 F I. g.: II LI d m &li 5YE1 +' imo g. I t r n G7 r g d 0E] r _ .2 i ! 4..• n N d. i .,. '0.%*.• A C i I! f ,0 _,_`� A =D n s ' �' 1 ( 7-- 1- (off Q\ 71 ) X 710 1g K I a J VI ' - 1 Exhibit "A" OA COMVINCI1P.PUD le,W.01064.11M RC pa,P-11-1Ibm lo/24/2,I.NJ Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package WARRANTY DEED INSTR 4589978 OR 4704 PG 3173 RECORDED 7/26/2011 4:08 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 50.70 REC $35.50 CONS $0.00 Property Appraiser's Parcel Identification#s 00148480003;00151440108; 00151440205;00149960001;00150200006; 00150320009;00150640006;00151160006; 00151280009;&00151400009 This instrument was prepared without opinion of title by and after Recording Return to: William 3.Dempsey Cheffy Passidomo P.A. 821 Fifth Avenue South Naples,Florida 34IO2 (239)261-9300 S•ace above this line for recordin data WARRANTY DEED THIS WARRANTY DEED is made the •287 day of "—'— , 2011,by Racebrook,Inc.,a Connecticut non-stoc, : -• n,whose mailing address is 590 Columbus Avenue, Thornwood, New York 10 • ereutl, ailed the "Grantor," to Royal Palm Academy,Inc.,a Florida not-fo, '( orporation, ..- •ailing address is 16100 Livingston Road,Naples,Florida 34110,here er called the"Granter;,: (Wherever used herein the teips`Gr ntor' d(rante "include all the parties to this instrument t and the heirs, legal represen ati . i s `it3li u l 7aipd Ole successors and assigns of corporations) , ; ; I WITNESSETH: That grantor, for and in si4 ,'of the sum of One Dollar and other valuable considerations,, t whereof is herelSy�,ac 96;1ledged, hereby grants, bargains, sells,aliens,remises,releases,co i'e d confirms unto -.6r (ee,all that certain land situated in Collier County, Florida,viz: N 4,` SEE ATTACHED EXHIBIT"A,"WHICH IS D1CORPORATED HEREIN BY REFERENCE TOGETHER,with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever,and that said land is free of all encumbrances,except: Taxes for the current and subsequent years; that certain Mortgage, Security Agreement,and Assignment of Rents from Grantee to Iberia Bank,successor by merger to Orion Bank,recorded in Official Records Book 3897, Page 2167, of the Public Records of Collier County, Florida, as modified; liens, easements, covenants,and restrictions of record as of the date of this Deed;zoning and use restrictions imposed by governmental authority;and outstanding oil,gas and mineral interests of record, if any. OR 4704 PG 3174 Al Rik Warranty Deed Page 2 IN WITNESS WHEREOF,the said Grantor has executed these presents on the day and year first above written. Signed,sealed and delivered in our presence: Racebrook, Inc., a Connecticut non-stock ..�p corporation • By: .itl. 07):" c Witness Name: a 11- __o ., 1^ Print Name:14►�,—�;�n•�/,il►ir----, • Title: 'II Lf�%i/ 1 W'. - ►' e: i .` 1,+.Ylli Lv �� RC® 1 STATE OF NC v.) V oft / / . COUNTY OF R A.00 k ' �________'7 The foregoing instrumen,�w. . .'. le.ges,.."„.. , ' 57\4ed before me this -2 6 day of 3:4 f1/44::,_ , 2011, by 3c e! =�1?AA, d I4(2.c-�. of Racebrook,Inc.,a Connect{ntpon-stoc corpor'on,vq o is sonally known to me or who has produced d t,UQft k∎ce °, ,as'ti c,' ' t'\ f r� I am a commissioned no 3 ;c of the State of , vi Aii,V- and my commission expires jkir e,i.b., 1312013. N''\ `EL c NOTARY PUBLIC Name: Ax 42,4 17 i c.t [affix seal] (Type or Print) My Commission Expires: t ; becam tat 11)2°P. . ar AXEL DIAZ 1050=400'012 NOTARY PUBLIC-BRONX COUNTY --- •-• 1 ` % •REGISTRATION NO.021Y6032583 ''cr' '' . �`� MY COMMISSION EXPIRES 1� i3 P2013 ,, OR 4704 PG 3175 Warranty Deed Page 3 EXHIBIT"A" PROPERTY LEGAL DESCRIPTION PA4cEL 1-A A PARCEL OF LAND LOCATED 1N THE SOUTH HALF(1/2)Q?SECTION 14 MIND" 48 SOUTTL RANGE 25 EAST, COLLIER COUNTY ALARIO4 BEWC MORE PARTICULARLY DESCRIBED AS FCCLOfl ' C048101 CE AT THE SOUTHEAST C NiST OF SECTION 14 1081.19187 48 SWIH, RN1GE 25 EAST, COWER CWRTI; FLORIDA; RIME ROAN SWTN 88'47J.r IIEST, ALONG THE SCUM LNE OF.SAD SECT/AY 14 FU R A DISTANCE or 02108 FEET TO RE SOUREST CORNER OF THE SOUTHEAST WARIER OF THE SOUTHEAST QUARTER Cr SAD SECTION 1.; THENCE RUN NORTH 00176'50'NEST. ALONG THE TEST WE OF RE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECI1O1 14 FO?A DISTANCE OF 0407 FEET 10 THE NCRINTEST CORNER OF THE SOUTHEAST QUARTER OF THE SWTHEAST •emior -CRO N 13 ALSO 8EAVQ TILE PONT QF BEO�FD a OF THE P •� ' J"" •, Elie GE RLN SOUTH 885227'TEST, ALQYC• v " ^: , s.-► QUARTER a? PIE SOUTHEAST WARIER '.# ' TION 14 FOR A .- /'' 1.J21X07 FEET 70 TT1E SWTHTEST ••• :3 NQRTHTEST QUARTER + 't • 'TEASE WARIER SAD SE'CIIIN 1, 3 „ , 8850142•TEST, • • THE SOUTH LGVE OF THE NQRTHE•IS,0U4R 3 __�-THE SO1t1HTFSE'OWARTER?'SAIO SECnmY 14 FZi?A ((STANCE of 6• 61 FEET lt*E SOUTHEAST WARIER Of 1WL1 NCR " r,J, � „ �I, OF SAID =NW 14 mew „ , ,..�, `� ,i Sf or in SOUIlfAST RANTER •r 1, J• • ,r iL" • ARV AF SAD SECTION 14 Art' •' r ..6f`. 7� ' iT- .T;."* T •' ER Q? DIE NORTHEAST �R • DE 4 Ti�C 1►.", �t..•� WARIER Of SAGO TIONt 1J. ' CE • • Tr • i# i 0 E Swill LWE Or 'TZIIfEST ' • a j�`".., 't; i r'�iT,; SOUTHWEST WAR D SEC al(.x Fa? 4t; �, .. • . DE TINE SOUTHEAST WAR ,-'2, T•;. j,, T, ALQYC THE EAST LINE OF • s•, Vi �, j : '112 O1F'SAD SEC1TOY 14 FORA ' f�''' ,, TO THE' "•.1 ,l CCIRNER OF DE NCWHTfST QUARTER OF •J 'r' T QUARTER OF •,= ON 13. THENCE RUN SOUTH ezmoqr TESL;AL• l '• / .r •-- RITFST W A R I E R O F THE S W I H N E S T W A R I E R OF • •.► + TOW • ACE OF 1,J2522 FEET 117 THE SOUTHEEST CORNER O'F' / ''- • s. 7/4 OF THE SW1HT£3r 1/4 SND arm 1.1; 1IF VCE RUN NOM 00'13'09'HEsr AL= RE TEST LOVE AF SAID S1:CTIOY 14 FOR A DISTANCE OF 1.251.21 FEET 10 A PONT • 104200 FEET SOUTH OF RE NORTH LONE OF THE SOUTH HALF Cr SAID SECTION 13. THENCE RU/F PARALLEL Will.RE NORTN LIFE OE THE SOUTH HALF W 5410. SECTION 14 A BEARING Of NORTH 685775'EAST FOR A DISTANCE Or EsC282 FEET TO A PANT 10200 FEET SOUR/Of 1TVE NORTH LAVE OF TIE SOUTH HALF Or SAld SECTION 1.1; THENCE RUN SOUTH 34V0'51'EAST FOR A DISTANCE Of 262.0 FEET; THENCE RUN SW it 5822'58'EAST FU?A DISTANCE OF 31105 FEET 1O DE DEWING O1�A TANCEARTAL CIRCULAR OAK CtWC4 E NORN(• NNW RUN EASTER(1; ALOYC THE ARC OF SAID CURVE 10 THE LEFT, HAYING A RADIUS OF 184M FEET, 171RWQI A OEAIIRAL ANGLE Cr 861J2'53; Su81ETVDED sr A CHORD CF 25226 FEET AT A BEARING Or NORTH 7670'J6'EAST, FOR A DISTANCE'OF 277.94 FEET TO A POINT ON THE Iif.SIERL Y RRGIT--O-WAY LINE OF'MUMMY ROAD' THENCE RUN SOUTH 6031'il'EAST, ALCM THE TESIERLY NW-Or-WAY LAVE OF 5A/0 UYINGSRN ROAD, FOR A DISTANCE OF 38111 FEEL.' THENCE RUN SOUTH 00176$0'EAST Ft?A DISTANCE OF 759.16 FEET TO THE PdNT of BECTREM MAIMING 95.676 ACRES NORE OR LESS. *** OR 4704 PG 3176 *** AIN Ilk Warranty Deed Page 4 TOGETHER WITH: A PARCEL C F LAND LOCATED IN THE SOUTHEAST(1/4)OF SECTION 14 TOHNSTIIP 48 SOUK RANCE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLO1I'fi COMMENCE AT 1HE SOUTHEAST CORNER OF SECTION 14 TOONSNIP 48 St7U1H RANGE 25 FAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00V47J' HEST, ALONG THE EAST LINE OF SAID SECTION 14 FOR A DISTANCE OF 449.76 FEET 70 THE POINT AF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, RE SAME BEING A POINT ON PE EASTERLY RIGHT—OF—WAY LINE OF LVINGSION ROAD AND THE BE07NI NC OF A TANGEJVRAL CIRCULAR CURVE CONCAVE HEST: THENCE RUN NORTHERLY, ALONG THE EASTERLY RI LIT—OP—WAY LINE OF SAID LIVINGS1UY ROAD AND ALONG THE ARC OF SAID r 1;., v�' , HAVING A RADIUS OF 2047.38 FEET, THROUGH A�•�'y:; ` '' �j, ' T, SUBTENDED BY A WORD OF 1,279.78 a "'S'� �•{i • •"�1``•,r`r.'9' HEST, FAR A DISTANCE O' 1 JOI.59. .s3 f I ],l• • ' `� ' CE RUN NORTH 00114'13' HEST FAR,'A� • igr•- J -", NORTH JJ79'11' - EAST FOR A DISTANCE �'�' 7, ,j' -�,r ,: ''!T` i 1H ,114'13' HEST FOR ' irr IT• A DISTANCE'OF 419 '(�l*��r:�.����Ir,l� �k;l• t'r Old THE SOUTH 1/2 Cl�SAID SECTION 1J; ��• •,i, , ,„' . ��•�,.. C THE NORTH LINE Cr SUD SEQRON1 Ytk*iA NST • , • J 10�i1T,c NCRTHEAST CORNER OF' TTIE$,, tom, , - ,.1;j ' t t1N SOWN 010174'/J'EAST, AL y 1N .1 • Ir' • • .1e.a. •' 7 R A DISTANCE OF Z2J5J1 FEET TO ah1T • : Pi" , r.r• f / G r. 1'ACRES MORE OR LESS .. ,/ : rs Amok • INSTR 4705057 OR 4806 PG 1557 RECORDED 6/12/2012 10:22 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DoC @.70 $44,100.00 REC $35.50 CONS 56,300,000.00 Property Appraiser's Parcel Identification No. 00151440108;00149960001;00150200006; 00150320009;00150640006;00151160006; 00151280009;&00151400009 This instrument was prepared without opinion of title by and after Recording Return to: William J.Dempsey Cheffy Passidomo.P.A. 821 Fifth Avenue South Naples.Florida 34 102 (239)261-9300 (Space above this line for recording data) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made the 11th day of June,2012,by Royal Palm Academy, Inc.,a Florida not-for-profit corporation, hereinafter called the"Grantor",to Jen Florida VI,LLC,a Florida limited liability company,whose post office address is 1750 West Broadway—Suite Ill,Oviedo, Florida 32765,hereinafter called the"Grantee". ZfiRC4 ty (Wherever used herein the terms"Gr patties to this instrument and the heirs, legal representatives and assig scot' e dividuals,and the su sb°and assigns of corporations) W1TNESSETH: That the Gant. , 'e•and 'n co`i§�tderati n'of t e sum of One Dollar and other valuable considerations, receipt/whet 1e -., a--:„: _.:.,., b grants, bargains, sells, aliens, remises, releases, conveys and receipt/ un t the n e= al t a girt in Lind situated in Collier County, Florida,viz: 1\••L i SEE ATTACHED EXH4$I°1 'A,”WHICH IS IN RPORAMVI-IEREIN BY REFERENCE. TOGETHER,with all the to -en hereditaments and �ttces thereto belonging or in anywise appertaining. 1, _.„7...,,,N.i�// TO HAVE AND TO HOLD,the same - orever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through,or under said Grantor,and that said land is free of all encumbrances,except taxes and assessments for the current and subsequent years: ordinances, resolutions, and zoning and use restrictions imposed by governmental authority; and restrictions, easements, and other matters described on attached Exhibit"B," which is incorporated herein by reference. Grantor has executed these presents on the day and year first above written. Signed,sealed and delivered Royal Palm Academy,Inc.,a Florida not-for- in our presence: profit corporation ft WU Mite s N te: s . . . William Kastroll, its President t•./ . ----'01 -11 Witness Name: ion sip ► OR 4806 PG 1558 Special Warranty Deed Page 2 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged and witnessed before me this I( day of June,2012,by Witiiam-Kastroii as President of Royal Palm Academy,Inc.,a Florida not-for-profit corporation,who is Wally known to me or wh-o has produced ,as identification. I am a commissioned notary public of the State of _and_m commission expires � � NOTARY PUBLIC .007.4';;.„. WILLIAM JACK DEMPSEY Name: `¢ Notary Public-State of Florida ?r, �„ •ii My Comm.Expires Mar (Type or Print) 6,2016 •.,,,a• ,.• Commission•EE mg . V,R C®� y Commission Expires: t• sanded Through National N. ;i 1 %� C.J ' 10502-0003 a53 1 l J�1 1� r\ l V` t y I ;( U J . - tr1 `r' \ " \ a ; �—� % Allk OR 4806 PG 1559 Special Warranty Deed Page 3 EXHIBIT"A" A PARCEL OF LAND LOCATED IN THE SOUTH HALF (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 SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN SOUTH 88°47'39"WEST,ALONG THE SOUTH LINE OF SAID SECTION 13,FOR A DISTANCE OF 1,325.08 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13;THENCE RUN NORTH 00°06'50"WEST,ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1,344.37 FEET TO THE NORTHWEST CORNER OF THE SOUTHEA e . ' ' OF THE SOUTHEAST QUARTER OF SAID. SECTION 13, ALSO BEING THE POI. •i :'_ ' 4 F THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SO .i81' '27" W , • G THE SOUTH LINE OF THE NORTHWEST QUARTER OF C/ •UTHEAST QUAR - c SAID SECTION 13, FOR A DISTANCE OF 1,326.07 FEET T §SOU-TI I VEST CO,1tNER• T E NORTHWEST QUARTER OF THE SOUTHEAST QUARTER'OF. SAtb"S€,CT •N I , THENCE RUN SOUTH 88°50'42" WEST, ALONG THE SOUTH LINE OV T •"71 - Dv. ;' ',. , • , • s HE SOUTHWEST QUARTER OF SAID SECTION 13, FORA D.ST 1 E + ,621.6 ue r OOUHWEST CORNER OF THE SOUTHEAST QUARTER OF H$sN1 �, EdT' • TE OPT OUTHWEST QUARTER OF SAID SECTION 13; THENCE'' . NORT •1'1 I , .WES' ,''AILC I,G THE WEST LINE OF THE SOUTHEAST QUARTER OF�`_-� ORTHEAST QUA R F//�.'1� SOUTHWEST QUARTER OF SAID SECTION 13, FOR A DIS .E OF 673.65 FEE �QQ,,,trfl UTHWEST CORNER OF THE NORTHEAST QUARTER OF TH. 5 HEAST QUARTE ' AE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE RUN Tr'. ' :'54'00" 1' ONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NOf T q • :, • OF THE SOUTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13, THENCE RUN SOUTH 00°12'18" EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 674.28 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE RUN SOUTH 88°50'42" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER Of THE SOUTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1,325.22 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13;THENCE RUN NORTH 00°15'09" WEST,ALONG THE WEST LINE OF SAID SECTION 13,FOR A DISTANCE OF 1,251.21 FEET TO A POINT 100.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 13;THENCE RUN,PARALLEL WITH THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 13,A BEARING OF NORTH 83°57'15"EAST FOR A DISTANCE OF 2,900.82 FEET TO A POINT 100.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 13, THENCE RUN SOUTH 54°00'51"EAST FOR A DISTANCE OF 262.49 FEET;THENCE RUN SOUTH 58°22'58" EAST FOR A DISTANCE OF 335.05 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE 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°32'53"SUBTENDED BY A CHORD OF 252.26 FEET ATA BEARING OF NORTH 78°20'36"EAST, FOR A DISTANCE OF 277.94 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD;THENCE RUN SOUTH 60°51'17"EAST,ALONG THE WESTERLY RIGHT-OF- WAY LINE OF SAID LIVINGSTON ROAD. FOR A DISTANCE OF 383.11 FEET; THENCE RUN SOUTH 00°06'50"EAST FOR A DISTANCE OF 759.16 FEET TO THE POINT OF BEGINNING. *** OR 4806 PG 1560 *** Special Warranty Deed Page 4 EXHIBIT"B" 1. Easement contained in Warranty Deed recorded in Official Records Book 232, Page 300, Public Records of Collier County, Florida. 2. Easement contained in Warranty Deed recorded in Official Records Book 232, Page 312, Public Records of Collier County,Florida. 3. Resolution No.86-190 recorded in Official Records Book 1222,Page 995,Public Records of Collier County,Florida. 4. Terms and conditions of the Amended and Restated Entrance Road Easement Agreement recorded in Official Records Book 4806 , Page 1542 , Public Records of Collier County,Florida. 5. Environmental Resource Permit Notice recorded in Official Records Book 354I,Page 1432,Public Records of Collier County, Florida. 6. Ingress, Egress and Access Easement - . '• •fficial Records Book 4414, Page 1675, of the Public Records of Collier Coun .riciiR CQU 7. By acceptance of this Deed,G le5. ' ees on beha • 44 =nd its successors and/or assigns that it shall not use the herein-des it e-.4. roperty for any private. *Wilke school use,or any educational use, for so long as the prope is sub, terms of tile Roy Pa International Academy Planned Unit Development Ordman a et Count∎ Or No. 03-54 (the "PUD Ordinance"),as said PU6 O•• .. : .. ••.: nnso ed tar,*to time. The terms of this restrictive covenant shall run with tit' to th- pr.p- diL b n g�ion and inure to the benefit of the successors and/or assig --Q r nt, . . n o respe ti ely d;yrantor may exercise any remedy available at law or in egtkitj�tp en orce t i oregoini.restri nve/c ant,and the prevailing party in any action to interpret or,:isf"o e the restrictive cove t sf�all be-entitled to recover its attorney's fees and costs, including those' ed on appeal. f/ [E CIi°— Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package OWNER AFFIDAVIT SIGNED & NOTARIZED 1 original, 1 copy from Royal Palm Academy, Inc. & 1 original, 1 copy from Jen Florida VI, LLC Coder 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 AFFIDAVIT s(I' TeWe/I, % h rcw SAIL(4,r IQoy4I Pa(r, � "�".)bing first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the sublect matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this foil whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Coleman,Yovanovich&Koester, P.A.,Waldrop Engineering, P.A. As property owner We/I further authorize SLB Consulting of SW Florida, LLC to act as our/my representative in any matters regarding this Petition. /`/ Signatur= •f •roperty Owner Signature of Property Owner 1,1 J, , 5, (ca Typed or Printed Name of Owner Typed or Printed Name of Owner V t'. toy r' M rrco, " , ccc, The foregoing instrument was acknowledged before me this �� day of 20 (?a , by and rrv.i s-adot V"who is personally known to me or has produ ed as identification. State of Florida (Signature of Not ry Public—State of County of Collier Florida) • , . 1 ex S Cie Z . M1ro01p V.CRESPO (Print, Type, or Stamp Commissioned %Ind, WIRES:Naas*OS.m: Name of Notary Public) E+eswouer >1 WILY DiasetA Ca February 4,2011 9f% runty ftme COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.coliiergov.net AFFIDAVIT We/I, Richard A.Jarman being first duly sworn, depose and say that we/l am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disdosure of interest Information, all sketches, data, and other supplementary matter attached to and mode a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required Information has been submitted. Coleman,Yovanovich&Koester,P.A;Waldrop Engineering,PA;& • •roperty owner We/I further authorize SLB Consulting of SW Florida,LLC to act as our/my offif— • • ' •ny matters regarding this Petition. • .0406. Signature of • operty Owner Signature of Property Owner Richard A.Jennan Typed or Printed Name of Owner Typed or Printed Name of Owner (Managing Member of Sun Terra Communities I,LLC,which is Managing Member of Jen Florida VI, LLC) The foregoing instrument w now dged before me this 2-7t... day of S '.,4-t., , 20 J Y , by �+ P• LY'Arter.41, who is personally known to me o oducad c7t:7; i L I State of Florida (Signature of Notary Public—State of County of Cam' Florida) Ll (• DPI L. I QaAs (Print,Type, or Stamp Commissioned Name of Notary Public) ve'JNotary Public Slate of Florida • Linda t Mathews • My Commission 00839587 Expires 0 111 81201 3 February 4,2011 Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package COVENANT OF UNIFIED CONTROL 1 original, 1 copy from Royal Palm Academy, Inc. & 1 original, 1 copy from Jen Florida VI, LLC 9& nty 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 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as ROYAL PALM ACADEMY PLANNED UNIT DEVELOPMENT 16100 LIVINGSTON RD.,NAPLES,FL 34110 (Street address and City,State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for AMENOMENTTO planned unit development (wA PUD) zoning. We hereby designate Richard Yo iosith , legal representative thereof, as the legal representatives of the property and as such,these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications,plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: I. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan,even if the property is subsequently sold in whole or in part,unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards,and conditions of the planned unit development,seek equitable relief as necessary to compel compliance. The County will not issue permits,certificates,or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. caner Owner iJ Printed dame 12 44-4.1 r- Ct .p y � « -174.t Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) 53- 31 —��""'�- Gt �v�► Sc�tvur�' Sworn to(or affirmed)and subscribed before me this day of ,20�_by who is personally known tine or has produced as identification. 1 ,AlIP • LL \S CCC N.ary ublic • ' EMS V.CRESPO (Name typed,printed or stamped) MY COMAIISSZON r EE403112 EXPIRES:Nov *2014 I4S 4 rnrr RNmry Meow AsoeCa February 4,2011 COffier 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.collieraov.net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as ROYAL PALM ACADEMY PLANNED tart'DEVELOPMENT 16100 LIVINGSTON RD..NAPLES.PL 34110 (Street address and City,State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for ANT To planned unit development ( PUD)zoning. We hereby designate RICHARD YaVANOVtcrt , legal representative thereof, as the legal representatives of the property and as such,these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes,but is not limited to,the hiring and authorization of agents to assist in the preparation of applications,plans,surveys,and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: I. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions,safeguards, and stipulations made at the time of approval of the master plan,even if the property is subsequently sold in whole or in part,unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements,conditions,or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards,and conditions of the planned unit development,seek equitable relief as necessary to compel compliance. The County will not issue permits,certificates,or licenses to occupy or use any part of the planned unit development • • • • ay stop ongoing construction activity until the project is brought into compliance with all terms, f a , d se, , . • of the planned unit development. Owner Owner Ri -rd A.J-rm- Printed Name Printed Name (Managing Member of Sun Terra Communities I, LLC,which is Managing Member of Jen Florida VI,LLC) STATE OF FLORIDA) COUNTY OF C IER) $2'^:"."-`31-42 Sworn to(or affirmed)and subscribed before me this lANday of ,t44r-1•7„, ,200)1)y f.--j%.1--.6C). li . T f r•r,�., as..= who is personally known to me ArowN tary Public (Name typed,printed or stamped) February 4,2011 CVs* Notary Punk State o/Florida Llnda L Matneus s— ' My Commission 00839587 140,roc mi Expires 01/18/2013 i Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package APPROVED ADDRESSING CHECKLIST DATED 3/27/ 12 MAR/26/2012/MON 04:08 PM waldrop Engineering FAX No, 239 405 7899 P. 001 Coen County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX (239)252-5724 WWW.COLLIERGOV,NET ADDRESSING CHECKLIST Please complete the following and fax to the Operatlone Deportment at 239.252-5724 or submit in person to the Addressing Department at the above address. Form must be sinned by Addreasina oersonne( orior to ore- aoolication meeting.D ease allow 3 days-fo.ormeesainb. Not al Items will apply to every project Items in bold type are required.FOUO NUMBERS MUST BE PROVIDED. Forms older than 8 months will require additional review and approval by the Addressing Department PETITION TYPE(Indicate type below,complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SOP(Site Development Plan) ❑ BD(Boat Dock Extension) C) SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SOP'(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) FP(Final Plat ❑ SNR(Street Name Change) LLA(Lot Line Adjustment) SNC(Street Name Change—Unpiatted) PNC(Project Name Change) TDR(Transfer of Development Rights) ® PPL(Plane&Plat Review) ❑ VA(Variance) RPSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) PUD Rezone 0 VRSFP (Vegetation Removal&Site FYI Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) See attached 4q -an-J- P� '`tom 14 Is64i,2q?-�&1, Le,714-249 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description If more then one) 00150320009,00151280009, 00151440108, 00150200006,00151400009, 00151160006 NCO 16�e p STREET ADDRESS or ADDRESSES(es applicable,if already assigned) no site address • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road rfght- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL* sx1/4U/LJ 1 C/MUN 04:1J PM waldrop Engineering FAX No, 239 435 7899 P. CO2 Cocker County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)2525724 WWN.CQLUERGOV.NET Project or development names proposed for or already appearing In,condominium documents(if application-, Indicate whether proposed or existing) Part of Royal Palm Academy PUD opEmumminmenemommestisissieswimmemmw Please Check One: ® Cheddist is to be Faxed back ❑ Personally Picked Up APPUCANT NAME; Jeremy Arnold, PE PHONE 239.405.7777 FAX 239.405.7899 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary)n©1ih3?O O6:1 O CS t 5 t V AC O C5`3 Folio Number E ( a53 Cl9 0° 150 646c Folio Number Folio Number Oolth40000q Approved b Date: "Z. .- Updated by:_, Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package TRAFFIC IMPACT STATEMENT (TIS WAIVER 1 copy / WALDROP ENGINEERING CML ENGINEERING&LAND DEVELOPMENT CONSULTANTS August 3, 2012 Mr.John Podczerwinsky Zoning & Land Development Review Department Community Development& Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Royal Palm Academy PUDA Traffic Impact Statement(TIS)Waiver Request Dear Mr. Podczerwinsky, Royal Palm Academy, Inc. ("Applicant") is requesting an amendment to the Royal Palm Academy PUD, originally approved per Ordinance 03-54, in order to re-designate the temporary school campus east of Livingston Road as the permanent campus location. The Applicant is not requesting additional dwelling units, modifications to the approved dwelling unit types, or an increase to the approved student population as part of this application.Therefore,the proposed amendment will not result in an increase to the project's trip generation.As such,the Applicant respectfully requests a waiver from the requirement to provide a Traffic Impact Statement. Thank you in advance for your consideration of this request. Should you require additional information or have any questions, please feel free to contact me directly at (239) 405-7777, ext. 207, or alexisc@waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. dr +ii/ , Alexis V.Crespo, AICP, LEED AP Principal Planner Enclosures cc: Andrew Saluan, Royal Palm Academy, Inc. Richard Yovanovich, Esq., Coleman, Yovanovich & Koester, P.A. 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IA i;AA,,,4,- .,,,,, ,,, . . ,.,-,,,,,, ' 1.1". :Arl ::::,',4.:4, .• '::'`-' ..'''ll'I-.1.'‘''rs.,t''IA' '”'-1,4-. - ' '- 14::4:"V4:-*kt*44:7Ci'''''.4"‘ 4dirir"""' •p..:.;....,i447*-7-I 1.:4'•"'1-1..-'.::'.;:-:;''-',;:"41,---'...:.';'«-A:;: lt-;::111-:44r:r-Lit'-":".ej::::67.,1'Iv*- . , , .- ,, ,,,,,, ,,44.,,,,, , i„, 11.----------10. 1 ,,,..,0',4,44.0 '. . 44 P , , -- -- IlLli ^,y.# .. ...-4 '''*,,,, ' '- ,....-1'.. '.- e* ' ,,,.".., ., ' -4,...'!: '4,',,,,t, . ' i t,.. ti, t , , ° ..,„S , ,,,, VI il ~ - ' Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package REQUESTED DEVIATIONS & JUSTIFICATIONS LIST OF REQUESTED DEVIATIONS FROM LDC ROYAL PALM ACADEMY PUD AMENDMENT 1) Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow one (1) temporary banner sign up to 200 square feet in area and 5 feet in height, limited to a maximum of 90 calendar days per year. Justification:As shown on Attachment 1,the requested deviation will allow for a banner sign located on the proposed masonry wall along Livingston Road, in order to advertise new homes available within the community.The 4 s.f. banner sign permitted by the LDC provides minimal visibility, and likely could not be seen by vehicles travelling along Livingston Road, which has a posted speed of 45 mph. The proposed wall is setback more than 100' from the edge of pavement, which provides appropriate separation between the travel lanes and the proposed banner sign. The banner will be limited to the wall location shown on the attachment, and will not be displayed on stakes or poles that could result in a degraded visual appearance. The Applicant is requesting use of the banner sign up to 90 days per calendar year to allow for its display throughout the peak winter season when the vast majority of homes sales occur in Southwest Florida. Based upon the setback and the sign's proposed location on the masonry wall, the banner will not negatively impact viewsheds along Livingston Road,and will enhance visibility of this project. Additionally,the proposed signage will not negatively impact public health,safety or welfare. 2) Deviation from LDC Sec. 4.06.02.C, which requires a 15-foot wide Type "B" buffer where proposed community facilities abut existing residential uses, to omit the buffer requirement where the Royal Palm Academy campus abuts the Verona Pointe community. Justification: The Verona Pointe community is buffered from the Royal Palm Academy campus by an existing Type "B" buffer (on the Verona Pointe property), a 110-foot wide FPL easement, and an existing chain link fence on Royal Palm Academy's western property line. Based upon the existing vegetated buffer and substantial separation provided by the FPL easement, the school campus will continue to be compatible and appropriately screened from the Verona Pointe community,thereby upholding the intent of the LDC. 3) Deviation from LDC Sec. 5.03.02.H, which requires a wall to be constructed where a nonresidential development abuts a residentially zoned district. The requested deviation is to permit the existing 6- foot high chain link fence in lieu of a wall along the eastern property line where the Royal Palm Academy abuts The Strand PUD, and a 4-foot high chain link fence in areas where the Royal Palm Academy abuts the Verona Pointe community. Justification: The Royal Palm Academy campus predominantly abuts golf course uses and right-of- way internal to The Strand PUD; in effect only one (1) single family residence abuts the campus' eastern property line. Royal Palm Academy-PUDA-PL-2012-1225 Revised:October 31,2012 Page 1 of 3 As shown on the attached PUD master plan, the Applicant is proposing a Type "B" buffer along the entire eastern perimeter supplemented by a 6-foot high chain link fence, which will adequately screen the existing campus from The Strand,and achieve school security measures. While a 10-foot Type "A" buffer is required in areas where the campus abuts right-of-way or golf course uses within The Strand, the Applicant is proposing the Type "B" buffer in excess of the LDC requirement to ensure a visually consistent buffer that appropriately screens adjacent uses. For these reasons the proposed buffer yard will adequately screen adjacent uses from the campus. 4) Deviation from LDC Sec. 5.05.08.B, which requires new buildings in non-residential PUD districts to adhere to the architectural and site design standards in LDC Sec. 5.05.08.The requested deviation is to omit the architectural design standards for modular buildings associated with the Royal Palm Academy. Justification: Since existing modular buildings are currently utilized on the Royal Palm Academy campus, the Applicant requests that these temporary structures continue to be permitted without adhering to the county's architectural standards.The Applicant is also requesting additional modular buildings be permitted until permanent buildings can be constructed. All modular buildings will be removed from the campus as the master plan is implemented. These buildings are temporary in nature and appropriately buffered from the Livingston Road viewshed and adjacent properties. 5) Deviation from LDC Sec. 5.05.08.C.2.c, which requires the design of primary facades to include a minimum of two (2) specified design features. The requested deviation is to allow the design of primary facades to include a minimum of one (1) specific design feature for the Royal Palm Academy campus. Justification: The Royal Palm Academy (RPA) campus is part of an existing Planned Unit Development, thereby requiring adherence to the most restrictive portions of the Collier County Architectural and Site Design Standards. The referenced standard requires that all exterior elevations of each individual building in a PUD be treated as a primary façade thereby requiring more design features and embellishment than required for a similar building on commercially zoned property which has one (1) primary facade. The basis for this more restrictive requirement is presumed to be that buildings located within commercial PUDs are more visible from multiple directions and their typical mixed use occupancy initiates more public interaction. The RPA campus, even though located in a planned unit development zoning district, is a much different atmosphere than the typical mixed use commercial property envisioned, and therefore the architectural standards are inappropriate and overly restrictive.The RPA property has limited street frontage on Livingston Road with very controlled accessibility (for student safety), which limits visibility and public access. There are more effective alternatives to selecting a second design feature from the prescribed list especially since the tight, interwoven campus design restricts views and building length perception. The Applicant proposes to provide other features such as additional roof offsets, wall planting latticework, covered outdoor areas that blend with building architecture and elements, such as sun- screens or sun-shelves, and canopies for shading and visual relief. 6) Deviation from LDC Sec. 5.05.08.C.3.c.ii & iii, which requires specified transitional massing elements to be incorporated for a minimum of 60% of the length of the facade, which is in part or whole within the Royal Palm Academy PUDA-PL-2012-1225 Revised:October 31,2012 Page 2 of 3 150 feet of an existing building. The requested deviation is to omit the requirement for transitional massing elements for the Royal Palm Academy campus. Justification: Since the entire campus is under single ownership and will be designed with a common theme with buildings of similar height, the concept of transitional elements is not appropriate or needed for this specific development. The master plan will incorporates a series of buildings of multiple uses, sizes and heights that will inherently provide the massing variation and articulation that the architectural standards strive to create. 7) Deviation from LDC Sec. 5.05.08.C.4.a.i-v, which requires specified design treatments for projections and recesses to provide for variation in massing. The requested deviation is to omit the requirement for specified design treatment requirements relating to projections and recesses for the Royal Palm Academy campus. Justification: The first line of Section C.4 states "A single, large, dominate building mass must be avoided."The proposed master plan for the Royal Palm Academy accomplishes this purpose without major offsets due to the compact nature of the RPA campus. The relatively small footprint and juxtaposition of all the future buildings provides a massing variation similar to the requirements of the Collier County architectural standards. The diversity of building use, height and fenestration provides another level of detail and variation to meet this same requirement. Therefore, the buildings within the campus will maintain a varied appearance and will meet the intent of this section. 8) Deviation from LDC Sec. 5.05.08.F which requires Planned Unit Developments (PUDs) to comply with the Architectural and Site Design Standards, to allow additional deviations for future buildings within the Royal Palm Academy campus in conformance with Section 5.05.08.F "Deviations and Alternate Compliance". Justification: Designs for future buildings have not been developed at this time; therefore it is not possible to identify a complete listing of appropriate deviations. The Applicant will follow the submittal and review process outlined in Sec. 5.05.08.F to ensure the intent of the LDC is upheld. 9) Deviation from LDC Sec. 5.05.08.C.2.c.i and ii, which requires 30% glazing area for primary facades, to allow for a minimum 15%glazing area. Justification:The assembly and education building uses envisioned for this property provide varying opportunities for glazing and will vary widely with each building elevation.The amount of glazing for each building will be appropriate for the building use and consistent with educational needs. Royal Palm Academy—PUOA-PL-2012-1225 Revised:October 31,2012 Page 3 of 3 Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package NEIGHBORHOOD INFORMATION MEETING SYNOPSIS /-\\ WALDROP ENGINEERING CML ENGINEERING&LAND DEVELOPb1ENT CONSULTANTS September 14,2012 RE: Royal Palm Academy Planned Unit Development PL20120001225 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of an amendment to the Royal Palm International Academy Planned Unit Development (PUD) described as follows: 16100 Livingston Road, Naples, FL 34110 Generally located east and west of Livingston Road, south of Learning Lane, and 1.5 miles north of Immokalee Road The petitioner is asking the County to amend the existing PUD to designate the 11-acre temporary campus to the east of Livingston Road as the permanent school campus, and reduce the estimated student population from 1,250 to 500 students. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The Neighborhood Information Meeting will be held at 5:30 p.m. on Wednesday, October 3`d, 2012 at Royal Palm Academy, 16100 Livingston Road, Naples, FL 34110. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me directly at (239) 405-7777 ext. 207,or alexisc Awaldropengineering.com. Sincerely, WALDROP ENGINEERING,P.A. #A I Alexis V. Crespo, AICP Principal Planner Cc: Mike Sawyer, Collier County Government Andrew Saluan, Royal Palm Academy, Inc. Chris Hasty, Pulte Home Corp. Richard Yovanovich, Esq., Coleman, Yovanovich, & Koester, P.A. GROWTH MANAGEMENT DIVISION—PLANNING AND REGULATION GIS/CAD MAPPING DEPARTMENT GIS PROCESSING REQUEST Property Notification Address Listing (Does not include Civic or Homeowner Associations) Date: 8/8/2012 Requester's Name: Alexis Crespo Phone: 239-850-8525 Folio number of Property (or PUD name): Royal Palm Academy PUD Site address of Property: 16100 Livingston Road.,Naples, FL 34110 Legal Description of Property: Or AR/PL Number 00104840003; 00151440205; 00150320009;00151280009; 00151440108; 00150200006; 00151160006; 00151400009; 00150640006; 00149960001 How many Feet Buffer around Property? 150 500 X 1000 Include the Properties: Internal External X Results: Want Names and Addresses Only X or Want Names, Addresses. and Legal Descriptions Processing fees: 1. Spreadsheet (MS Excel)on Disc $70.00 2. Print out of Spreadsheet on Paper $75.00 ± 5c for every record over 1500 3. Mailing. Labels $80.00+ 6c for every record over 1500 4. Spreadsheet - Mailing Labels $85.00 ± l le for every record over 1500 WALDROP ENGINEERING A - A CIVIL ENGINEERING&LAND DEVELOPMENT CONSULTANTS October 15,2012 RE: Royal Palm Academy PUD Amendment PUDA-PL-2012-1225 To Whom It May Concern: I am writing on behalf of Royal Palm Academy, Inc. and Jen Florida VI, LLC (Property Owners) to inform you that the Property Owners have submitted an Application for Public Hearing for an amendment to the previously approved Royal Palm Academy Planned Unit Development (PUD). The application was submitted to Collier County Development Services for staff review, and will require final approval by the Board of County Commissioners. Because you are an owner of record within the overall PUD, the property owner wanted to take the opportunity to explain the proposed changes. First of all, there are no proposed changes to the Verona Pointe and Milano communities, including the property under your ownership. The existing entitlements and development standards for these communities will remain the same. Additionally, there is no proposed increase to the permitted density or intensity within the PUD. In fact, the proposed amendment will decrease the allowable size and student population of the Royal Palm Academy Campus, thereby reducing the overall development intensity. The Property Owners are seeking approval of the following: • Revise the PUD master plan to designate the 11+/-acre temporary campus on the east side of Livingston Road as the permanent Royal Palm Academy campus. • Decrease the maximum building height for architectural features such as steeples, spires, or cupolas from 75 feet to 55 feet within the Royal Palm Academy campus, and other minor revisions to the PUD document. • Provide a list of deviations to the Land Development Code. You will be notified in the future of public hearings associated with this application. If you should you have any questions, please do not hesitate to contact me directly at (239) 405-7777 ext. 207, or alex isc(d waldropengineering.com. Sincerely, WALDROP ENGINEERING,P.A. C. • 1 Alexis V. Crespo, AICP Principal Planner AFFIDAVIT OF COMPLIANCE - I hereby certify that pursuant to Ordinance 2004-41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time,and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. (Si illif / f b .0,404„. a ature of • • i licant) Alexis Crespo (Printed name of Applicant) State of Florida County of Collier The foregoing Affidavit of co mpliance was acknowledged before me this O I day of ©C'kflv32_e , 20 k' ^ a. by -t-.1,eXt 5 ex Qs Q , who is personally, own to me or who has produced as identification. IL4_.4 A... Al/ 01 -- • o . ,„,J . A1.,...—F, —AMA E 0 f A,.1,A (Notary Seal) Prints. 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E,iq.,;$:'.L J'..`J,ra*_, r:",i"1 (f7 Ir1f1?r.ri atib e,z',°C:J °,l;i 09 t8 09L9,0 k;aAv oane aggiledwca ww 19 x ww 9Z lewiol ap a 9nb113 09 L8/09190,uany tam afgIledwoo„gig Z x J.azis!age! aS��dJ SEPANIK,DAMIAN V=&JANET L SHADOW RIDGE PROPERTIES LLC SHADOW RIDGE PROPERTIES LLC 123 W COUNTY LINE RD 300 FIRST SAMFORD PLACE STE201 300 STAMFORD PL BARRINGTON,IL 60010-8616 STAMFORD,CT 06902-0000 STAMFORD.CT 06902-6765 SHERRILL,LORRAINE SHERRY A MCEWAN REV TRUST SHIELS,DANIEL J=&JEAN M 240 AVIATION DR N 5550 MYERDALE DR WALTER CONROY NAPLES,FL 34104-3.512 CINCINNATI,OH 45242- 0000 7 CREEK DR NORFOLK,MA 02056-1167 SHIMIZU,KIYOTAKA=&MACHIKO SHIRKEY,CYNTHIA A SIGNORELLO,JOSEPH 0 15 HELTON TER 18271 RAVINA WAY 111 HERBST RD MONTVILLE.NJ 07045-9131 NAPLES,FL 34110-3289 CORAOPOLIS,PA 15108-3621 SIKANOVSKI,VANGEL=&VERA SION,JONATW WA=&ELIZABETH V SLOVA,ARBEN 39 CAPRI DR 15818 DELAPLATA LN 15857 MARCELLO CIR SCHERERVILLE,IN 46375-0000 NAPLES,FL 34110-2804 NAPLES,FL 34110-2833 SMALLEY,GREGORY J SMITH,JEFFREY J SMITH,SAMUEL H=&NANCY N KATHLEEN P SMALLEY 5075 BROOKE WALK WAY 6053 ASHFORD LN 8301 15827 DELASOL LN ALPHARETTA,GA 30022-0000 NAPLES,FL 34110-2418 NAPLES,FL 34110-2810 SOFRANKO JR,JOSEPH J SPILLANE,DENNIS=&MICHELE SPILLANE,MATTHEW J 112 HEATH DR 28039 BRANDYWNE RD JANET MCGRAIL SPILLANE BADEN,PA 15005---9618 FARMINGTON HILLS,Mt 48334-3419 132 RUSSETT RD WEST ROXBURY,MA 02132-0000 SPINELLA.DAVID M=&JUDITH SPISKA,PETER J=&OLGA M STABILE,KAREN M 40 GREAT VIEW AVE 4876 SEDGEWOOD LN 432 TERRACINA WAY NORTH PROVIDENCE,RI 02904-3111 NAPLES.FL 34112-7930 NAPLES,FL 34119-1814 STAHLHEBER,BRENT R=&BRIGITTE STEFANELLI,SUSAN STEWART,BRUCE R=&SHARON M 17944 RIDGEVIEW DR 2008 IMPERIAL GOLF COURSE BLVD 2006 IMPERIAL GOLF COURSE',•.LVD NORTHVILLE.MI 4816E '-`h_ NAPLES,FL 34110-1081 NAPLES,FL 34110--108' - 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L I E ro ►nON ly.newspaper published at Naples, in Col ' distributed in Collier and Lee counties o �'� e attached copy of the advertising,being -•% I, PUBLIC NOTICE .7 r', )1 1 _i ) 1 ' ---( 1, . ' in the matter of PUBLIC NOTICE —— ftI was published in said newspaper 1 time N �1 /---\- r� � � on September 26th, 2012 t T-i i __ z ,I Affiant further says that the said Napl �y - 5 ; �.��� r - published at Naples, in said Collier Co -' -- ' — J --- -- newspaper has heretofore been contint )v, -a Q � 11�t ` ''u County, Florida; distributed in Collier ______ _ each day and has been entered as secoi The property owner has filed an Application for Public Hearing to office in Naples, in said Collier Coun amend the existing PUD to designate the 11-acre temporary campus year next preceding the first publics to the east of Livingston Road as the permanent school campus, and advertisement; and affiant further say reduce the estimated student population fr m 1,250 to 500 students. promised any person, firm or corpc commission or refund for the p rears WE VALUE YOUR IN UT publication in the said ne .paperer. Business and property owners and reside is are welcome to attend / ' ✓ a the presentation and discuss the project with the owners' representa- tives and Collier County staff. If you are unable to attend this meeting, ( Signatur of affiant) but have questions or comments, they can be directed to: Alexis Crespo, AICP Swo to and subs•ri ed before me Waldrop Engineering, P.A. T ' /8th day •f S-•to ber, 012 1 28100 Bonita Grande Dr., Suite 305 Y • Bonita Springs, FL 34135 �( (239) 405-7777, ext. 207 (Signature of notary public) alexisc@waldropengineerng.com No.240173701 September 26.2012 qtr"r'''. CAROL PAWLINSKI =.; '! ;._ MY COMMISSION 4 EE 45538 W...".61-.,..: EXPIRES.November 28,2014 ' 14,,4 ;,,, Bonded Thru Pickard Insurance Agency ee i� WALDROP ENGINEERING CIVIL ENGINEERING&LAND DEVELOPMENT CONSULTANTS Memorandum To: Michael Sawyer From: Alexis Crespo cc: Richard Yovanovich,Andrew Saluan Date: October 8,2012 Subject: Royal Palm Academy PUD(PUDA-PL-20120001225) Neighborhood Information Meeting Synopsis Royal Palm Academy, Inc. (RPA) in conjunction with Coleman, Yovanovich & Koester, P.A., Waldrop Engineering, P.A., and Collier County Staff conducted a Neighborhood Information Meeting(NIM) on Wednesday, October 3, 2012. Also in attendance was a representative from Pulte Homes. The meeting was held at 5:30 p.m. at the Royal Palm Academy campus, located at 16100 Livingston Road. The sign-in sheet is attached as Exhibit"A". While only three(3) attendees signed in, approximately ten (10) attendees were present. Handouts were distributed outlining the proposed uses and site development regulations. The handout is attached as Exhibit`B". Rich Yovanovich (Agent) began the meeting with introductions of the consultant team and County Staff. Mr. Yovanovich presented the currently approved PUD master plan and outlined the original intent to develop a 50+/-acre permanent campus west of Livingston Road, and relocate the current/temporary campus to the larger site. He noted RPA's plans have been subsequently downsized, and the purpose of the PUD amendment is to designate the temporary campus as the permanent campus on the PUD master plan. This amendment will allow the modular school buildings to be replaced with permanent buildings. The student population will be downsized accordingly from 1,250 to 500 students. He noted the preserve area next to Imperial Golf Estates is not proposed for modification as part of this amendment application. He also noted there is not a permanent master plan for the school campus at this time. Mr. Yovanovich reviewed the deviation request for a temporary banner sign that is larger than what is allowed by the Land Development Code. Lastly, Mr. Yovanovich noted the 50+/-acre site originally intended for the permanent campus will be developed with residential uses by Pulte Homes. Following his presentation, Mr. Yovanovich asked attendees if they had any questions or comments. The following is a summarized list of the questions asked and the responses given. Page 1 of 2 Question/Comment 1: Frank Richards, President of Verona Pointe HOA, asked what the school has in mind for expansion adjacent to Verona Pointe. What is the intent for maintaining the FPL easement? Response: Mr. Yovanovich noted the FPL power lines separate the Royal Palm Campus from Verona Pointe and nothing can be built in that easement without FPL's permission. Mr. Saluan from RPA indicated that school-related uses may be developed in the northern portion of the campus area in the future. Mr. Saluan also advised he would provide Mr. Richards with the boundary survey of the RPA property to clarify the boundary between the campus and Verona Pointe. Question/Comment 2: Where is the entrance to Pulte's new residential community? I have concern regarding congestion generated by the North Naples Middle School. Response: Mr. Saluan advised that the entrance will be from Learning Lane. Mr. Yovanovich added that the applicant had to work with the school board to gain access via Learning Lane, which involved a detailed traffic analysis. He also noted access to the residential community is not a subject of the proposed PUD amendment. Question/Comment 3: Will there be another access point to the Pulte community? Response: No, there is just one access point to the community. Attendees offered that the neighboring Delasol community only has one access point as well. Mr. Yovanovich advised that the next step in the process is public hearings before the Planning Commission and Board of County Commissioners. The public has the opportunity to speak at these hearings. These hearings have not been scheduled. Staff advised the hearing dates are dependent upon the applicant's resubmittal to the County. Question/Comment 4: Will the school remain in the same location it is now? Response: Yes. Question/Comment 5: Will the 39 or 40 acres adjacent to Imperial Golf Estates remain as preserve? Response: Yes, no changes are proposed to the portion of the PUD west of Livingston Road. Residential uses were always permitted in the 50+/-acre campus area west of Livingston Road. There were no further questions or comments. Mr. Sawyer noted his business cards are available for anyone who has questions for him. Mr. Yovanovich thanked attendees for coming. The meeting concluded at approximately 5:45 p.m. The meeting was recorded per the CD attached as Exhibit"C". Page 2 of 2 EXHIBIT A ROYAL PALM ACADEMY PUD AMENDMENT Neighborhood Information Meeting "' October 3, 2012 NAME f [ EMAIL ADDRESS /3.6 d �t I(24 i/s/1-F0 -6 o h cit 4i s 0e9M I i�4...�2 /���'►Jetri5 /1)7 ( f" 5 03J�Cif-Si v e MV k ems. t EXHIBIT B Royal Palm Academy PUD Amendment Project Information Sheet • Total Project Size: 162+/-acres • Approved Uses:550 units & 50-acre school campus • Proposed Uses:550 units& 11-acre school campus School Campus-Approved Uses & Development Regulations A. School Campus Principal Uses and Structures 1. Schools, Private (Pre-K through grade 12) 2. Administrative Offices 3. Chapel—incidental to private school function 4. Rectory 5. Cafeteria and food services - '. _ - •-: , • -- • - - -• • - ? (Proposed for deletion) 7. Recreational Uses, including but not limited to gymnasiums,tennis courts, basketball courts, natatorium, playgrounds and athletic fields. B. Accessory Uses and Structures 1. 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. C. Minimum Yard Requirements: 1. Front Yard, internal roadways or drives: Five (5) Feet 2. From Livingston Road ROW: Thirty (30) Feet 3. From Collicr County Public Schools access road: Thirty(30) Fcct(Proposed for deletion) 3. From PUD Perimeter: Thirty (30) Feet 4. From Preserve Boundaries: Principal Structure Twenty-five (25)*feet Accessory Structure Ten (10) feet May be reduced to an absolute minimum of twenty(20)feet to protect native vegetation as approved during the platting and/or SDP process. D. Maximum Building Height: fifty-(--50.}Forty-five (45)feet zoned height and fifty(50)feet actual height, except for attached steeples, spires, cupolas or related architectural features, which may be a maximum of;cvcnty five(75}fifty(50) feet zoned height and fifty-five (55) feet actual height. Page 1 of 2 Residential- Approved Uses & Development Regulations A. Principal Uses and Structures 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. (Proposed for deletion) B. Accessory Uses and Structures 1. Common area recreational facilities. 2. Gatehouses. 3. Temporary sales facilities. 4. Uses and structures that are accessory and incidental to uses permitted in this area. C. Minimum Yard Requirements Permitted Uses and Single Patio& Two Family Single Family Multi-Family Standards Family Zero Lot And Duplex Attached and Dwellings Detached Line 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 20' 20' 20' 20' 20' Side Yard Setback 6' 0'or 6' 0'or 6' 0' or 6' 15' Rear Yard Setback 15' 15' 15' 15' 15' Livingston Road R-O-W Setback 20' 20' 20' 20' 20' Rear Yard Accessory Setback**z 10' 10' 10' 10' 15' Preserve Setback Accessory 10' 10' 10' 10' 10' Principal 25' 25' 25' 25' 25' Maximum Building 2 Stories 2 Stories 2 Stories 2 Stories 3 Stories Height or 35' or 35' or 35' or 35' or 45' Distance Between Principal Structures 12' 0' 0' 0' 20' Floor Area Min. (SF) 1000 SF 1000 SF 1000 SF 850 SF 750 SF o Page 2 of 2 Royal Palm Academy PUD Amendment PUDA-PL2012-1225 CCPC Package SIGN POST AFFIDAVIT & PHOTOS SIGN POSTING INSTRUCTIONS (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning signs)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples, or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER �—` BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED "C%tS C,r 0 WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTI N 10.03.00 OF THE OLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER u01; -c.aoia- laa5 a5?)kDA) Bm SI ATURE�ANT OR AGENT 1 C� t"�-Q Dr- STREET OR P.O.BOX itii _) \s c_r O 1 �u Z 3 13 5 NAME(TYPED OR P TED) CITY, TATEIP / STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this ®oc,� day of ,_\ao(1 , 204 3 by Al e.`P1 s e.._;ftS tpQ , personally known to me or who produced as identification and who did/did not take an oath. nap frl ••:� JACQUitYN LMOCOUE I Ina of)otary Public t 1.` , Notary Nude•Mats of Flalda ■ I �7 r. 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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. Royal Palm Academy ("Property") is a partially built-out, mixed-use project located in an area of existing and planned urban development. Via this amendment, the Applicant is proposing to reduce the approved campus acreage from 50 acres to 11 acres, and designate the temporary campus site to the east of Livingston Road as the permanent campus site. The reduced campus size is requested due to changes in market demand. The Applicant is not proposing a corresponding increase to the residential unit count, or the addition of any other uses to compensate for the decreased campus size. In terms of the surrounding development pattern, North Naples Middle School abuts the property to the north, in addition to vacant lands zoned for agricultural uses, and a CFPUD approved for a 500-seat church and pre-school. To the east are golf course and residential uses associated with the Pelican Strand community. To the south is the Madeira PUD developed with residential uses known as Delasol; RSF-3 zoned lands Atiook developed with residential and golf course uses as part of Imperial Golf Estates; and vacant lands zoned RPUD known as Marsilea Villas. Lands to the west are zoned RSF-3 and are also part of the Imperial Golf Estates community. 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. In terms of traffic and access, the subject property has four(points) of ingress/egress via Learning Lane, Ravina Way, Entrada Avenue, and the existing driveway to Royal Palm Academy. These access points were permitted per the original PUD approval (Ord. 03-54). No additional access points are requested as part of this application. Furthermore, no additional density or intensity is requested that would impact capacity or traffic patterns along this segment of Livingston Road. Potable water and sanitary sewer services are currently provided to the project by Collier County Utilities. This amendment represents a decrease in total allowable intensity; therefore approval of this application will decrease the project's impact on public infrastructure in this area. Based upon the nature of surrounding uses, the established development pattern along Livingston Road, and the existing levels of public infrastructure to service the project, the Property is suitable for development as proposed through this application. Royal Palm Academy—PUD-A-PL2012-1225 Evaluation Criteria Page l of 4 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 toe be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The subject property is under Unified Control by Royal Palm Academy, Inc. and Jen Florida VI, LLC as demonstrated by the Statements of Unified Control submitted with the application. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what subdistrict, policy or other provision allows the requested uses/density,and fully explaining/addressing all criteria or conditions of that subdistrict, policy or other provision.) The Applicant's request to reduce the permanent campus size and allow for its continuation in the current location will not impact the PUD's compliance with the Growth Management Plan. The subject property is located within the Urban Residential Subdistrict per the Collier County Future Land Use Map. Per the Growth Management Plan, this Subdistrict is intended for higher density residential developments and supportive uses in areas with existing or planned public infrastructure and limited environmental constraints. As outlined in the Density Rating System, the base density for the subject property is four (4) du/acre. In addition to consistency with the Urban Residential Subdistrict, the proposed PUD is consistent with the following policies of the GMP: Policy 5.2: GMP Consistency The modifications proposed through this amendment will not impact the project's consistency with the GMP. Policy 5.3:Limit Urban Sprawl The PUD represents infill development in a location with available public services, thereby limiting sprawling development patterns. Policy 5.4: Compatibility with Surrounding Uses The proposed campus area abuts the Verona Pointe community to the north and a portion of the west, which is part of the overall Royal Palm Academy PUD; Livingston Road to the south and west; and golf course uses approved as part of the Pelican Strand community to the east. The abutting residential uses are appropriately buffered per the Royal Palm Academy—PUD-A-PL2012-1225 Evaluation Criteria Page 2 of 4 LDC, as shown on the attached PUD master plan. The temporary campus has operated in its current location since 2000 and has demonstrated compatibility with the surrounding uses. Policy 7.4: Walkability The PUD will continue to provide sidewalks throughout the development that connect to Livingston Road, in addition to recreational amenities and common open space in compliance with this policy. CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy 6.1.1: Native Vegetation Preservation Developments within Urban designated lands that are greater than 20 acres in size and outside of the Coastal High Hazard Area are required to retain 25% of the existing, on- site native vegetation. As shown on the PUD master plan and PUD document, the applicant is retaining the 39 acres of on-site native preserve required per the original zoning approval. No changes are proposed to on-site native preservation acreage; therefore, compliance with this policy will be maintained. 4. The internal and external compatibility of proposed uses,which conditions may include Amok restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The residential and community facilities currently approved per Ordinance 03-54 are consistent and compatible with the surrounding development pattern. Buffer yards are proposed in accordance with the LDC to ensure internal and external compatibility, as well as unified development standards outlined in the PUD document. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As set forth in the enclosed PUD document, 30% usable, on-site open space is provided to serve future residents and students. The preservation of native vegetation is also provided for in accordance with 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 Royal Palm Academy PUD represents a logical extension of the development pattern along Livingston Road. The requisite facilities are in place to accommodate the continued build-out of this project. Admik Royal Palm Academy—PUD-A-PL2012-1225 Evaluation Criteria Page 3 of 4 7. The ability of the subject property and of surrounding areas to accommodate expansion. The Royal Palm Academy PUD is in an area with existing, urban levels of public infrastructure to accommodate the approved uses. Moreover, the proposed amendment will decrease the project's impact on infrastructure. 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 Royal Palm Academy PUD conformed to all applicable regulations at the time of approval in 2003. The relocation of the campus area and minor modifications to the PUD document proposed through this application will remain consistent with the PUD regulations, LDC and GMP. Royal Palm Academy—PUD-A-PL2012-1225 Evaluation Criteria Page 4 of 4 Allow EXHIBIT A DISCLOSURE OF INTEREST ROYAL PALM ACADEMY, LLC Royal Palm Academy,Inc. is a not-for-profit corporation. Officer/Director Detail Name&Address Title:President,Director(PD) KASTROLL,WILLIAM 801 ANCHOR RODE DRIVE, SUITE 103 NAPLES FL 34103 US Title:Vice President, Director(VD) SALUAN,ANDREW 2950 IMMOKOLEE ROAD,SUITE 2 NAPLES FL 34110 US Title:Secretary, Director(SD) MADGEY,SCOTT 6445 SHILOH ROAD,SUITE B Amok ALPHARETTA GA 30005 US Title: Director(D) AVERY, KAREN 22220 WOOD RUN CT BONITA SPRINGS FL 34135 US Title: Director(D) MURGALO,JOSEPH A JR 1618 TRIANGLE PALM TERRACE NAPLES FL 34119 US EXHIBIT B DISCLOSURE OF INTEREST JEN FLORIDA VI,LLC Jen Florida VI, LLC is a Florida Limited Liability Company. Its sole partner and general partner is Jen III, L.P. Jen Partners,LLC is the Manager of Jen III, L. P with its Manager Reuben S. Leibowitz. Jen Florida VI,LLC has Co-Managers—Jen Partners,LLC—Rueben S. Leibowitz, Manager and Sun Terra Communities, Inc.—Co-Managers,John A Kraynick and Richard A.Jerman w rme/ac nrtvcna eemVt-u-∎aw ra MM.Vm\auvvm(13, / ' igl? gU4 i ii b All k: Q^ / I// B /1/ III, hil / 1 y/ /j dF I I, w' o t / I I ;/n' I di W d* •/ Z // .--- — -.... i ,,:,,r,f < 2 /� lu �/ ti �o 41,1 IIII w //'/ �' ° .14. 1� i;p qu�� �' \ , I�,, / au /M� ///; ��'e,� a Ivy�q�, I II /' 1/. _I /.0), .' r��� Iii "n`f� /1 n/ //// '14. .••' ;i"di IIil I q 4'4.<'// �Cl�� Qj'� Iii �7Y €i iiy I/ 0) Q, / 4, ',,,,,,,,,,44,:,/. / /a /(�� �� / I ',"40„,.;,,-41,:,`,,,,Ys „/,,,;,,,),7°,/,„,///,d v /h/ /�44\ ,{ 14 / /`�a/t /,-- �� �,, / , Li / iii gi 1 a 1 // � z g i// /', __) d,' W /,y,„ iii; ld .i 1 ' ' ///// / , k ' / W /W i / fn fR i //// //'`p /t'y,-.4/ /d' / �' - r iii ,„ (27� / $1/jq. � 44'- i / , `/ }}'' / �I III J I �' / v��I $/y\.`.' ///W i 1 4/.i W,ldr 1'i' III �+ /4/ d)'<``a`i °; ;/h/ 1 �:3'' / ,� W� ,i* O V \ I jly / ',\�� qa A// , . /* W W *11 )� / 'aJ ?d Ili ld / III to / /%� b °fI I III, nn V • � / � '� /� ,{� ;?//// �a`y+y � I `I i I n iii ili /it 3°i" / I'‘ViS / 0 un ddd ''',/c r N. / / 11 11111 III bf �- �/ /J j7L /// II II IPII 1�1'a d • . 4 4'� % tk 1 / 111 iOI °I vv0 8 / 4`i .%.17,, �'' i 1 Z'."'/' / 1 ''1'41 tl olot ♦ / , a.R 4���f /4/,, / 1``II` 11" 8 b /� ' 6 `�'SIi�. � / /;.t. / / 1111 6� 5 ii A./ . .(**/...4t,ie, '1,1' 44,/ i e, / / /' /s // /' // A4.. - , -- , ,_ 1Zy //, / W r Wed' . / =- / / / ��! ;.•° / / /g // i�,� 16A )) Friday,January18,2013 )) NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Plan- ning Commission(CCPC)at 9:00 A.M.,Thursday,February 7,2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government C nter, 3299 Tamiami Trail East, Naples FL.,to consider: PUDA-PL20120001225:Royal Palm Academy PUD-An Ordinance of the Boar of County Commissioners of Collier County,Florida,amending Ordinance Number 03-54 as amend- ed,the Royal Palm International Academy Planned Unit Development(PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to the east side of Livingston Road; by reducing the student population from 1,250 to 500 students;by reducing the campus building height to 50 feet;by amending the Master Plan; by deleting the Surface Water Management Plan; by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13,Township 48 South,Range 25 East,Collier County,Florida,consisting of 1 3+!-acres; and by providing an effective date. [Coordinator: Michael Sawyer, Project Man ger] 0000ERRA O 12 PE22ELO Oi OECD RESERVE NNEES um11ERRA RESERVE VETERANS MEMOS BLVD. __ I` SANDALWOOD ILL' i PROJECT GRACE ROMAMAN �1 LOCATION BAPmr WURCN q ��p��y�! {{, PELICAN CASTLEWOOD CL.��.O,I�::L!L:✓..9T4➢ STAND 0 m 17 AT IMPERIAL Ill, (OR) 18 F CREEK MARSILEA s u . MADEIRA= GUAR LONGSNORE 23 PELICAN a LAKE PIPER BLVD. 24 CARLTON S(Dfi1 MEDICAL OFFICE LIKES 1B 20 BRB NnLCUGNBE DEVELOPMENT G�ARDE/NS rarap-IMMOKALE= PuZA81 DONE p- 846) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. Persons wishing to have written or graphic materi- als included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday,February 7, 2013 in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners, if applicable. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testi- mony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to partici- pate 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, Suite 101, Naples, FL 34112-5356, (239) 252- 8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa G. 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