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Agenda 10/27/2015 Item #17B
10/27/2015 17.B. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an amendment to Ordinance Number 03-54, as amended, the Royal Palm International Academy Planned Unit Development (PUD), by increasing the number of dwelling units from 550 to 600; by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 15.35± acres of land zoned Rural Agricultural (A) to the Royal Palm International Academy PUD; by revising the development standards; by amending the master plan; and adding deviations and revising developer commitments. The property is located on Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida consisting of 178± acres; and by providing an effective date [Petition: PUDR-PL20140002683]. OBJECTIVE: To have the Board of County Commissioners (BCC) review Staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this Planned Unit Development Amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting an amendment to the current Royal Palm Academy Planned Unit Development (PUD) zoning district for the purpose of adding 15.35± acres of land to the existing PUD and adding a maximum of 50 residential dwelling units. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates. and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The GMP is the prevailing document to support land use decisions such as this proposed PUD Amendment application. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and the FLUM designation is a portion of the overall finding that is required, and Staff believes the petition is consistent with the Collier County GMP as discussed in the attached CCPC Staff Report. Staff believes that the proposed Amendment may also be found consistent with the Future Land Use Element, GMP Transportation Element and the Conservation and Coastal Management Element. Therefore, Packet Page-1651- 10/27/2015 17.E. Zoning Staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on September 17, 2015. The CCPC heard testimony from the Applicant's agent and County Staff. During the discussion, the CCPC determined that the requested conditions had been satisfied. The CCPC requested the following revisions, which have been incorporated into the attached PUD document: the single- loaded sidewalk shall be on the side of the street that provides access to the dwelling unit, depict the access easement to show future interconnection to the 15± acres added to the north, correct Section 6.5.D (Transportation Commitment), and add language regarding the relocation of butterfly orchids. A motion was made by Commissioner Homiak and seconded by Commissioner Roman to recommend approval. The motion passed by a vote of 4-0. LEGAL CONSIDERATIONS: This is a PUD Amendment. The burden falls upon the applicant to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the BCC, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? Packet Page -1652- 10/27/2015 17.B. 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed chance create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core" question...) Packet Page-1653- 10/27/2015 i r. . 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality. An affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approves the Royal Palm Academy PUD Amendment, subject to the attached PUD Ordinance. Prepared By: Fred Reischl, AICP, Principal Planner, Zoning Division Attachments: 1) Staff Report 2) Ordinance 3) Application/Back-up Information http://www.colliergov.net/ftp/2015BCCMeetinas/AgendaOct27I 5/GrowthMg mt/RovalPalmAcademvApplication.pdf Packet Page-1654- 10/27/2015 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an amendment to Ordinance Number 03-54, as amended,the Royal Palm International Academy Planned Unit Development (PUD), by increasing the number of dwelling units from 550 to 600; by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 15.35± acres of land zoned Rural Agricultural (A) to the Royal Palm International Academy PUD; by revising the development standards; by amending the master plan; and adding deviations and revising developer commitments. The property is located on Livingston Road in Section 13,Township 48 South, Range 25 East, Collier County, Florida consisting of 178± acres; and by providing an effective date [Petition: PUDR- PL20140002683]. Meeting Date: 10/27/2015 Prepared By Name: ReischlFred Title: Planner,Principal, Growth Management Department 9/30/2015 2:12:49 PM Approved By Name: BosiMichael Title: Division Director-Planning and Zoning, Growth Management Department Date: 10/7/2015 8:24:43 AM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 10/12/2015 9:37:57 AM Name: PuigJudy Title: Operations Analyst, Operations&Regulatory Management Date: 10/12/2015 9:38:38 AM Name: BellowsRay Packet Page -1655- 10/27/2015 17.B. Title: Manager-Planning,Zoning Date: 10/12/2015 11:40:13 AM Name:MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 10/13/2015 2:11:37 PM Name:AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 10/19/2015 11:42:02 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/19/2015 1:18:18 PM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 10/19/2015 2:25:50 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 10/19/2015 4:44:13 PM Packet Page-1656- 10/27/2015 7. . AGENDA ITEM 9-D Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT BEARING DATE: SEP''EMBER 17,2015 SUBJECT: PETITION NO.: PUDR-PL20140002683 ROYAL PALM ACADEMY PROPERTY OWNER/AGENT: Owner: Agents: Center Point Community Church of Naples,Inc. Alexis Crespo,AICP 6590 Golden Gate Parkway Waldrop Engineering,P.A. Naples, FL 34105 28100 Bonita Grande Drive Bonita Springs,FL 34135 Contract Purchaser/Applicant: Pulte Home Corporation Richard D. Yovanovich,Esq. 24311 Walden Center Drive, Suite 300 Coleman, Yovanovich&Koester,P.A. Bonita Springs,FL 34134 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission(CCPC) consider a rezone of 15.35 from the Rural Agricultural (A) zoning district, incorporating it into the existing Royal Palm Academy Planned Unit Development(PUD). GEOGRAPHIC LOCATION: The subject PUD is located on Livingston Road, approximately one-half mile south of the intersection with Veterans' Memorial Boulevard in Section 13., Township 48 South, Range 25 East, Collier County, Florida. (Please see location map on following page) PURPOSE/DESCRIPTION OF PROJECT: The Royal Palm International Academy PUD was created by Ordinance 03-54 and amended by Ordinance 13-26. 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R- . .,.. - il g 1,14 el o 1 z 11 ' 3> 1 15$ 3 usnrtu lrvvwnl I ' I I Packet Page-1658 10/27/2015 17.B. SURROUNDING LAND USE AND ZONING: Subject Proposed New Acreage: Undeveloped land,zoned A; density: 1 DU/5 acres North: Undeveloped land, zoned A and A-ST; density 1 DU/5 acres and residential lots under development,zoned Brandon RPUD; density: 3.99 DU/A East: Stormwater pond across which are residences, zoned Pelican Strand PUD; density: 2.02 DU/A South: Residences,zoned Royal Palm International Academy PUD; density: 4 DU/A West: Preserve and residential lots under development, zoned Brandon RPUD; density: 3:99 DU/A • S �T t, ,4 I u -W ' l t. +fhaiemFT _ ,,d4 �krNE ' I,- ,« a 7 l .s{J, i '. `s,.,`°n �.'1 ' ..1.�. , � �i�_ E �..�-.ra,.�_�` Candi+4rhwL'iR..q,,,,,-i k , 1.c4 b ,, t ..iC II'�I ■ ' L'°' P I4 r �_ FmL 1rt , 71 , !� ! f. Air 1i I:�' I F - 1 .. ∎Y 1 ri , .i rr, .y,r' 1 , .:�ecomin J t ,', 1I4-I", 1 ,i , � (L, I{ti4:}' 4 t 3.r ! ��£I I 1 ! 4 (1 f i}f• Y ilk ; r r:•r s , ,(.� I ,_ i '�l 1 a a. h 9� 1 -+ u" V ,� `' ., 1..., � — •as~ . Aerial-Existing PUD outlined in white;proposed additional acreage outlined in yellow(CCPA) GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use District, Urban Residential Subdistrict, as depicted on the Future Land Use Map (FLUM) and addressed in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan(GMP). The provisions of the Urban Residential Subdistrict and the Density Rating System are listed below, followed by staff analysis in [bold text]. The Urban Residential Subdistrict encourages a rezone to be in the form of a planned unit development. [Royal Palm Academy began as a PUD and is proposed here as a PUD amendment. This PUD amendment adds acreage but reduces the overall density to 3.37 DU/A from the existing 4.00 DU/A. This site is eligible for the base density of 4 DU/A. Therefore, the requested density is consistent with Subdistrict and Density Rating System provisions.] Page 3 of 14 PUDR-PL20140002683 Royal Palm International Academy CCPC•9/17/2015 Packet Page-1659- 10/27/2015 17.B. FLUE Policy 5.4 requires new developments to be compatible with, and complementary to, the surrounding land area. [Comprehensive Planning leaves this determination to the Zoning ..s Services staff as part of their review of the petition in its entirety. However, staff notes that in reviewing the appropriateness of the requested uses/densities on the subject site, the compatibility analysis is to be comprehensive and include a review of both the subject property and surrounding or nearby properties with regard 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, traffic generation/attraction, etc.] In recognition of growth management practices that reduce greenhouse gas emissions, promote smart growth policies and for other purposes, the FLUE provides Objective 7 and its implementing Policies for new development and redevelopment projects, where applicable. These Policies are applicable here. For the most part, staff analysis focuses on the northernmost acreage—to be added to the PUD— and its surrounding affected geographic area. Each Policy is followed by staff analysis in [bold text]. OBJECTIVE 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable.[emphasis added] Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [By encouraging connections to fronting major roads, this Policy is discouraging the lack thereof. This site fronts Livingston Road, classified as an arterial road in the Transportation Element. Exhibit A,PUD Master Plan, depicts a single, direct access to Livingston Road.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [By encouraging internal accesses or loop roads, this Policy is discouraging the lack thereof. Exhibit A, PUD Master Plan, depicts an internal road configuration providing internalized accesses and a loop roadway. All vehicular traffic accesses Livingston Road from the single street access.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [By encouraging interconnection, this Policy is discouraging the lack thereof. Interconnecting neighborhoods/developments provides convenient movement throughout the road network and may lessen trips onto external roadways, typically arterials or collectors. Transportation Policy 9.3 provides that "The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The LDC shall identify the circumstances and conditions that would require the interconnection of Page 4 of 14 PUDR-PL20140002683 Royal Palm International Academy CCPC:9/17/2015 Packet Page-1660- 10/27/2015 17.B. neighboring developments". LDC Section 6.06.01.B provides that "The street layout of all subdivisions or developments shall be coordinated with the street systems of the surrounding areas [and] adjacent properties shall be provided with local street interconnections unless topography, other natural features, or other ordinances/regulations do not allow or require said connections". With respect to the Transportation Policy and LDC requirement, Comprehensive Planning leaves these particular determinations to the Transportation Planning and Zoning Services staff as part of their review of the petition. Comprehensive Planning staff provides the following observations,however,toward implementation of this Policy. Local street connections with adjoining neighborhoods or other developments are not disallowed by other ordinances or regulations, and appear to be feasible on two sides of the subject site, as follows: • Lands to the north of the subject PUD are approved as the Brandon RPUD and presently undeveloped residentially designated land. Preserve area, undeveloped residential areas and a special treatment overlay lie along the adjacent boundary. Vehicular interconnection is feasible and already planned in the Brandon PUD. The Brandon PUD Master Plan designates a "reserved interconnection"with a 2-headed arrow between the `planned'portion and the subject PUB. [Refer to image below] REsE�#: E / PRESERVE 4 REWIRED o 44 a 0 .ter - -- - - - ez) IV 'HYPE : _ 'fi' BUFFER 15' 'ME R �' - "Er BUFFER — �.r i ' Si\ 4111 - Wir iel Ft j oil 0 k No .._ E O�FEI - * 3t Et URRAIN - I RESClN 111; v:\-� - . ,.,..-4.4,,,,/:.`; _ . a - I _:Puy 1/4'1 j •i `• w M r 1- Y ti The subject PUD provides for a future vehicular interconnection between the two otherwise separated Brandon PUD areas across the extreme northwest corner of the subject site, but does not provide interconnection to the subject site itself. [Refer to Exhibit A.] The approved plat in Brandon also demarcates the cul-de-sac that appears to match the location on the Page 5 of 14 PUDR-PL20140002683 Royal Palm International Academy CCPC:9/17/2015 Packet Page-1661- 10/27/2015 17.8. Brandon PUD Master Plan. Two separate issues present themselves here, as the arrow symbol shown on Exhibit A,PUD Master Plan does not align with the approximate location found in the Brandon PUD or subdivision plat and, the interconnection proposed does not illustrate or provide local street connection with the adjoining Brandon development. • An FPL easement and the Pelican Strand DRI/PUD feast of the FPL easement] lie to the east of the subject PUD, where golf course and water features make vehicular interconnection infeasible. • Land to the south of the subject PUD is a developed portion of the subject PUD — Verona Pointe. The present Royal Palm Academy PUD Master Plan designates a "future vehicular interconnection" between these 2 properties, noted with an arrow. Vehicular interconnection fully feasible and is provided with Ravina Way by this request. • Lands to the west of the subject PUD are developed as the Brandon RPUD,where a Preserve area lying along the common boundary makes vehicular interconnection infeasible. ] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [By encouraging walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types, this Policy is discouraging the lack thereof. As to walkable communities, the PUD [Deviation 2.15.C.1.b.] provides for a five- foot wide sidewalk to be located on only one side of residential streets. Sidewalks are just one characteristic by which walkability is gauged in communities and among individual developments, and along with pedestrian connectivity, may be the most tangible. Consider LDC subsection 6.06.02.A.4. that allows for alternative sidewalk designs where they will be at least equivalent in function and area to that which would otherwise be required. Reservations for pedestrian and bicycle interconnection/interconnection points do not appear in Exhibit A, PUD Master Plan, or other PUD exhibits. The addition of labeling to indicate potential future non-vehicular interconnection/interconnection points would lend effective support to the commitment for these connections. With regard to common open spaces, preserve areas and civic facilities, the PUD provides the thirty percent (30%) open space the LDC requires, and permits parks and amenity areas, common area recreational facilities, and open space uses and structures in residential areas. Designated preserve areas permit hiking and nature trails, educational kiosks and shelters, and boardwalks. Residential communities often provide a clubhouse or community center within a recreational tract which can serve a civic purpose, e.g. polling facility. With regard to a blend of densities and a range of housing prices and types, the application identifies a variety of residential units (with 750, 850 and 1,000 sq. ft. minimum floor areas for multi-family, single-family attached and other one- and two-family units, respectively).] Based upon the above analysis, the proposed Planned Unit Development expansion rezone and amendment may be deemed consistent with the FLUE. In an effort to support the County Policies discussed above however, staff recommends the following changes: Page 6 of 14 PUDR-PL20140002683 Royal Palm International Academy CCPC:9/17/2015 Packet Page -1662- 10/27/2015 17.3. Staff Recommendations: 1. Exhibit A, PUD Master Plan: Reposition arrow symbols on the boundary between adjoining sites with labeling to indicate potential future vehicular and non-vehicular interconnection/interconnection points, which aligns more-closely with the Brandon RPUD reserved interconnection, with labeling to indicate a future vehicular and non- vehicular interconnection/interconnection point. Revise to provide interconnection to and through the subject site from the adjoining Brandon site. APPEARS TO BE REMOVED FROM REVISED MASTER PLAN. 2. Development Commitments: Modify language to provide,to the maximum extent feasible, vehicular and non-vehicular interconnectivity between adjoining sites. This commitment will indicate that the developer shall provide to staff all correspondence between the parties so as to document efforts to interconnect — applicable only if interconnection efforts are unsuccessful.DOES NOT APPEAR. 3. Deviations from the LDC: Modify language to ensure sidewalks in this part of the development are constructed on both sides of streets, or, provide for widened sidewalks where constructed on one side of streets in accordance with the LDC [PUD Document Section II, subsection 2.15.C.]. LANGUAGE HAS NOT BEEN MODIFIED. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan,which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current A UTR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the .five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed rezoning will generate approximately 56 PM Peak Hour trips on the immediately adjacent link, Livingston Road. Livingston Road is a six-lane divided facility and has a current service volume of 1,411 trips, with a remaining capacity of approximately 1,589 trips between Immokalee Road and Imperial Street; and is currently at LOS `B" as shown in the 2014 AUIR The proposed project does not significantly impact adjacent roadway links. Page 7 of 14 PUDR-PL20140002683 Royal Paim International Academy CCPC:9/17/2015 Packet Page-1663- 10/27/2015 17.B. 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 LDC Subsection 10.02.13 B.5, Planning Commission Hearing and Recommendation (commonly referred to as the "PUD Findings"), and Subsection, 10.02.08 F., 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 basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis."In addition, staff offers the following analyses. Environmental Review: Environmental Services staff has reviewed the petition to address any environmental concerns. The proposed changes do not affect any of the environmental requirements of the GMP or LDC. An EAC review is not required in accordance with Section 2- 1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Department Staff has reviewed the petition and notes that the Level of Service on Livingston Road will not be significantly affected. Zoning Review: Zoning Staff has reviewed the proposed changes and suggested changes have been incorporated into the exhibits by the Applicant. PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria": 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 analysis has found that the addition of land to the Royal Palm International Academy is compatible with the physical characteristics of the land, neighboring properties and existing infrastructure. The proposed single-family residential development will generate approximately 56 new PM Peak Hour trips, which can be accommodated by the surrounding road network. Additionally, the subject project will access Livingston Road through a shared drive with an adjacent development; no new access points onto Livingston Road are proposed by the subject project. 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. The Applicant has demonstrated unified control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Page 8 of 14 PUDR-PL20140002683 Royal Palm International Academy CCPC:9/17/2015 Packet Page -1664- 10/27/2015 17.3. Staff has found that the proposed amendment conforms to the GMP (please see a more complete analysis beginning on page 3). 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. During review, Staff suggested revisions to increase external and internal compatibility,which were incorporated by the Applicant. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Staff review has found that open space will meet LDC requirements in the amended PUD. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The sequence of development will be determined during plat or site development plan review. The existing road network has sufficient capacity to serve the project at this time and no new public roads improvements are needed to accommodate the project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject site is located within the Urban Designated Area and is believed to be able to accommodate expansion,along with the surrounding properties. 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. After review, Staff believes that the proposed amendment conforms to the LDC requirements,with the requested deviations. Rezone Findings: LDC Subsection 10.02.08 F. 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): L 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. Staff has found that the proposed amendment conforms to the GMP (please see a more complete analysis beginning on page 3). 2. The existing land use pattern; The subject site is located within the Urban Designated Area and is compatible with the surrounding land uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Page 9 of 14 PUDR-PL20140002683 Royal Palm International Academy CCPC:9/17/2015 Packet Page-1665- 10/27/2015 1 7 . The proposed amendment adds additional acreage to an existing PUD and does not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed amendment adds additional acreage to an existing PUD and is not a result of illogically drawn district boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. Changing conditions do not necessitate the proposed amendment. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; During review, Staff did not encounter any changes that may adversely influence neighborhood living conditions. 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. Access to the additional acreage will be through the PUD via Ravina Way 8. Whether the proposed change will create a drainage problem; Any proposed development will be required to obtain a South Florida Water Management District Permit and,therefore, should not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The added residential acreage will utilize the existing dimensional standards of the PUD and will not seriously reduce light and air to adjacent areas. 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 many 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 subject site is located within the Urban Designated Area along with the surrounding properties and should not deter development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Page 10 of 14 PUDR-PL2D140002683 Royal Palm International Academy CCPC:9/17/2015 Packet Page -1666- 10/27/2015 17.B. The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property could be used according to the current A zoning,however, the Applicant wishes to create a neighborhood, similar to adjacent lots. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are other parcels in the County suitable for residential use. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan or plat approval process and again as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the PUB process and Staff has 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 shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. Page 11 of 14 PUDR-PL20140002683 Royal Palm International Academy CCPC:9/17/2015 Packet Page-1667- 10/27/2015 17.B. Deviation Discussion: The petitioner is seeking approval of three deviations from the requirements of the LDC. The deviations are listed in the PUD document. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs . . . . may depart from the strict application of setback height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . Please see attached Deviation Justifications provided by the applicant. Deviation 1 — A Deviation from LDC Section 6.06.01.J which prohibits dead end streets, to allow the dead end street as shown on the Revised PUD Master Plan,Exhibit A. Petitioner's Rationale: The Applicant wishes to have access to a future lot and protect a portion of a preserve. Staff Analysis and Recommendation: Staff believes that this will not create an unsafe condition and has no objection to this deviation. Deviation 2—A Deviation from LDC Section 4.02.04.D.1 which prohibits windows on the zero lot line portion of dwelling units, to allow for standard window treatments along the zero lot line portion of dwelling units. Petitioner's Rationale: The Building Code permits windows on zero-lot line sides of structures. Staff Analysis and Recommendation: This deviation is common in PUDs with the zero- lot line option. Staff has no objection to the deviation. Deviation 3 — Deviation from LDC Sec. 4.06.05.J which allows a slope no steeper than 2:1 for rip rap, to allow a 1:1 slope for the proposed rip rap and geotextile at the entrance to the development. Petitioner's Rationale: The Applicant believes this Deviation will not create an unsafe condition. Staff Analysis and Recommendation: Engineering Staff agrees that it will not create an unsafe condition and has no objection to this Deviation. ENVIRONMENTAL ADVISORY COUNCIL(EAC) REVIEW: The CCPC sitting as the EAC is not required to hear this petition. Page 12 of 14 PUDR-PL20140002683 Royal Palm International Academy CCPC:9/17/2015 Packet Page -1668- 10/27/2015 17.1. NEIGHBORHOOD INFORMATION MEETING(NIM): A NIM was held on July 14, 2015 at the Camden Lakes clubhouse, 16080 Camden Lakes Circle at 5:30 PM. Sixteen people signed in. There were no objections to the proposed PUD amendment. Please see attached NIM Summary. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on September 2, 2015. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDR-PL20140002683 to the Board of County Commissioners with a recommendation of approval,subject to the following conditions: 1. Exhibit A, PUD Master Plan: Reposition arrow symbols on the boundary between adjoining sites with labeling to indicate potential future vehicular and non-vehicular interconnection/interconnection points, which aligns more-closely with the Brandon RPUD reserved interconnection, with labeling to indicate a future vehicular and non- vehicular interconnection/interconnection point. Revise to provide interconnection to and through the subject site from the adjoining Brandon site. 2. Development Commitments: Modify language to provide, to the maximum extent feasible, vehicular and non-vehicular interconnectivity between adjoining sites. This commitment will indicate that the developer shall provide to staff all correspondence between the parties so as to document efforts to interconnect — applicable only if interconnection efforts are unsuccessful. 3. Deviations from the LDC: Modify language to ensure sidewalks in this part of the development are constructed on both sides of streets, or, provide for widened sidewalks where constructed on one side of streets in accordance with the LDC. Attachments: A. Proposed Ordinance B. Application C. Traffic Impact Statement (TIS) D. Environmental Impact Statement(EIS) Page 13 of 14 PUDR-PL20140002683 Royal Palm International Academy CCPC.9/17/2015 Packet Page -1669- 10/27/2015 17.B. PREPARED BY: _-- FRE 1.1 ISCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION—ZONING SERVICES SECTION REVIEWED BY: . ... /. 3.3/. /s` RAYM F ll V. BELLOWS,ZONING MANAGER DATE ZONIN r IVISION—ZONING SERVICES SECTION MICHAEL BOSI,AICP DI CTOR DATE ZONING DIVISION APPROVED BY: AMES FRENCH,DEPUTY DEPARTMENT HEAD DATE ? TH TAGEMENT DEPARTMENT 41;7';- DAVID S. WILKISON, P.E.;DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT Page 14 of 14 PUDR-PL20140002683 Royal Palm International Academy CCPC:9/17/2015 Packet Page 4670- 10/27/2015 17.B. ORDINANCE NO. 15- i 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 INCREASING THE NUMBER OF DWELLING UNITS FROM 550 TO 600; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 15.35± ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE ROYAL PALM INTERNATIONAL ACADEMY PUD; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 178± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION: PUDR-PL201400026831 WHEREAS, Pulte Home Corporation, represented by Alexis V. Crespo, AICP of Waldrop Engineering, P.A. 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: ZONING CLASSIFICATION The zoning classification of approximately 15.35± acres of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida is changed from a Rural Agricultural zoning district to the Royal Palm International Academy Planned Unit Development (PUD) zoning district and when combined with the existing Royal Palm International Academy PUD provides for a 178± acre project in accordance with the revised PUD document attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. [15-CPS-01433/1212977/1}64 Royal Palm Academy PUDA Page 1 of 2 PUDR-PL20140002683—rev. 9/30/15 Packet Page-1671- 10/27/2015 17.b. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida. this day of , 2015. Al VEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: F Heidi Ashton-Cicko , Managing Assistant County Attorney Attachment: Exhibit A- PUD Document [15-CPS-01433/1212977/1]64 Royal Palm Academy PUDA Page 2 of 2 PUDR-PL20140002633 --rev.9/30/15 Packet Page -1672- 10/27/2015 17.B. ROYAL PALM ACADEMY PLANNED UNIT DEVELOPMENT 163178±Acres Located in Section 13, Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: Royal Palm Academy, Incorporated 16100 Livingston Road Naples, FL 34110 And Pulte Home Corporation 24311 Walden Center Dr., Suite 300 Bonita Springs,Florida 34134 PREPARED BY: Richard D. Yovanovich, Esq. Coleman, Yovanovich& Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 And Alexis Crespo, AICP Waldrop Engineering, P.A. 28100 Bonita Grande Dr., Suite 305 Bonita Springs, FL 34135 DATE FILED DATE APPROVED BY CPCC DATE APPROVED BY BCC ORDINANCE NUMBER Packet Page -1673- 10/27/2015 17. TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE iii SECTION I LEGAL DESCRIPTION, PROPERTY I-1 OWNERSHIP AND GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT II-i SECTION III CAMPUS AREA III-1 SECTION IV RESIDENTIAL AREA IV-1 SECTION V PRESERVE AREA V-1 SECTION VI DEVELOPMENT COMMITMENTS VI-1 EXHIBIT A REVISED PUD MASTER PLAN Royal Palm Academy text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised:9/28/2015 ii Packet Page -1674- 10/27/2015 17.B. STATEMENT OF COMPLIANCE Royal Palm Academy, Inc., referred to as Royal Palm Academy or the Developer, and Pulte Home Corporation intends to create a Planned Unit Development on approximately 163178 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 Stigliethrsugh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 iii Packet Page -1675- 10/27/2015 1 ., 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 163178 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°5424" 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°5P19" E, FOR A DISTANCE OF 383.11 FEET; THENCE RUN S 00°06'21" E, FOR A DISTANCE OF 759.51 FEET TO THE POINT OF BEGINNING,CONTAINING 96.705 ACRES,MORE OR LESS. AND PARCEL 1-B A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 13,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Royal Palm Academy Strrl elegh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 I-1 Packet Page -1676- 10/27/2015 17.B. 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°17'26" W, FOR AN ARC LENGTH OF 1301.12 FEET;THENCE RUN N 00°04'15" W, FOR A DISTANCE OF 658.59 FEET; THENCE RUN N 33°36'24" E, FOR A DISTANCE OF 378.62 FEET;THENCE RUN N 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 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 Royal Palm Academy Strik througis text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 1-2 Packet Page -1677- 10/27/2015 17.B. 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. AND A PARCEL OF LAND LYING WITHIN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRANDON, AS RECORDED IN PLAT BOOK 56, PAGES 75 THROUGH 80 (INCLUVISE) OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA;SAID POINT ALSO BEING AN INTERSECTION WITH THE NORTH jINTEDE VERONA POINTE, PLAT BOOK 44, PAGES 36 THROUGH 40 (INCLUSIVE); THENCE ALONG THE EASTERLY BOUNDARY OF SAID BRANDON THE FOLLOWING THREE COURSES: COURSE ONE: NORTH 00°07'17" WEST, A DISTANCE OF 336.51 FEET; COURSE TWO: THENCE NORTH 89919'12" EAST, A DISTANCE OF 663.86 FEET; COURSE THREE: THENCE NORTH 00°05'46" WEST, A DISTANCE OF 336.31 FEET ; THENCE NORTH 88°59'56" EAST,A DISTANCE OF 663.41 FEET TO AN INTERSECTION ON THE WESTERLY BOUNDARY OF A FLORIDA POWER AND LIGHT COMPANY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 166, PAGE 493; THENCE ALONG SAID WESTERLY BOUNDARY, SOUTH 00°04'56" EAST, A DI 'N E • . TO ., T : Si. T. • •' ✓<► •F ' • POINTE; THENCE ALONG SAID NORTH LINE, SOUTH 88°57'13" WEST, A DISTANCE OF 1,326,98 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 668,843 SQUARE FEET OR 15.355 ACRES,MORE OR LESS, SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS, RECORDED AND UNRECORDED, 1.3 PROPERTY OWNERSHIP The undeveloped portion of this PUD is currently owned by • : .. ':, -- • .- , - and Jen Florida VI, LLC Pulte Home Corporation and Center Point Community Church of Naples, Inc. 1.4 GENERAL DESCRIPTION OF PROPERTY Royal Palm Academy Striketaareurgh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 I-3 Packet Page -1678- 10/27/2015 i B. A. The project is located in Section 13, Township 48 South, Range 25 East and is generally bordered on the north by the Brandon PUD and Agriculturally zoned land that is undeveloped,owe east by Livingston Road; on the south by Madeira PUD and Imperial Golf Estates zoned RSF-3, and the undeveloped Marsilea Villas le RPUD; 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, funs bisects the PUD. B. The zoning classification of the subject property at the time of PUD application is PUD and Agriculture (A) with portions having a Special Treatment (ST) overlay. 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 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 Striketht.ougis text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised:9/28/2015 1-4 Packet Page -1679- 10/27/2015 17.E. 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 fe multiple development parcels and multiple preservation areas. Categories of land uses include those for educational campus, residential and preserve areas. The 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 (') 3.37 dwelling units per acre and the maximum units permitted in the PUD shall be 550 600 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 &rilcetkreurgh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised:9/28/2015 11-1 Packet Page -1680- 10/27/2015 17.3. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions 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 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 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 Strrkethroug14 text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised:9/28/2015 II-2 Packet Page -1681- 10/27/2015 17.B. 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 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 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 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 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 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 3.05.07 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) ± 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 Sfrikethretegli text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 II-3 Packet Page -1682- 10/27/2015 17.B. 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 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), or ground cover. Rip rap berms may be a maximum of 1:1 with geotextile mat. Vertical berms consisting of structural wall and stacked rock berms are also permitted at a 1:1 slope. Royal Palm Academy Striliethrreugh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 II-4 Packet Page -1683- 10/27/2015 ','. .; . 2.14 SIGNAGE A. GENERAL Signage shall be consistent with the LDC except as provided below: 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 and on Ravina Way. Such signs may contain only the name of the subdivision, and the insignia or motto of the development, and the developer name. 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 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 Royal Palm Academy Strrketisreugh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 II-5 Packet Page -1684- 10/27/2015 17.B. shall be zero feet (0') a deviation from 10 feet as required by Section 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. 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 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 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. 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 ft. sidewalk shall be provided on one side of each residential street. The sidewalk will be provided on the side of the residential street that provides access to the dwelling unit within the 15.35-acre portion of the PUD located north of Verona Pointe. 2. Section 6.06.01 of the LDC, Streets and access improvements. a. Section 6.06.01.0, Street Right-of-Way Width Royal Palm Academy Strikcthreaegh text is deleted - PUDA-PL-2014-2683 Underline text is added Last Revised:9/28/2015 I1-6 Packet Page-1685- 10/27/2015 17.B. 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. b. Section 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. 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 (maximum 4 feet in height and 50 feet in length), limited to a maximum of 90 calendar days per year during season, which is defined as November 1st through April 30th. The banner sign shall be setback a minimum of 100 feet from the Livingston Road edge of pavement, and it shall be installed on the Camden Lakes masonry wall located on the western side of Livingston Road. 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. Approval of this deviation is limited to the existing, permitted Royal Palm Academy Strikethhreugh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised:9/28/2015 II-7 Packet Page -1686- 10/27/2015 17.B. modular buildings and the two (2) modular buildings submitted in pending application PL20120000006. 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. Approval of this deviation is limited to the gymnasium building as submitted in pending application PL20120000006. 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 façade, 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. Approval of this deviation is limited to the gymnasium building Approval of this deviation is limited to the gymnasium building as submitted in pending application PL20120000006. 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. Approval of this deviation is limited to the gymnasium building as submitted in pending application PL20120000006. 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. Approval of this deviation is limited to the gymnasium building as submitted in pending application PL20120000006. 10. Deviation from LDC Sec. 6.06.01.J which prohibits dead end streets, to allow the dead endstreet as shown on the Revised PUD Master Plan,Exhibit A, 11. Deviation from LDC Sec. 4.02.04.D.1 which prohibits windows on the zero lot line portion of dwelling units, to allow for standard window treatments. along the zero lot line portion of dwelling units. Royal Palm Academy Strikethreuegh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised:9/28/2015 II-8 Packet Page -1687- 10/27/2015 17.B. 12. Deviation from LDC Sec. 4.06.05.J which allows a slope no steeper than 2:1 for rip rap, to allow a 1:1 slope for the proposed rip rap and geotextile at the entrance to the development, 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 2.01.03. 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 2.16 of this document. 7. Signage. Royal Palm Academy Strilcerhrough text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised:9/28/2015 II-9 Packet Page -1688- 10/27/2015 17.B. 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 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 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 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. Royal Palm Academy $trfk hraugh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 III-1 Packet Page -1689- 10/27/2015 17.B. 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 D. Maximum Building Height: Forty-five (45) 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: d. School (Pre K thru grade 8)—5 spaces per 4 faculty members. e. School (grade 9 thru grade 12) — 1 space per faculty member, plus 1 space per 5 students. f. 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. F. Outdoor athletic fields are not allowed between the north property line and 360' south of the north property line. Royal Palm Academy Strikehreug]h text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 III-2 Packet Page -1690- 10/27/2015 17.B. 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 6-50 600 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 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. Royal Palm Academy Swikeihrettgh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 IV-1 Packet Page -1691- 10/27/2015 17.B. 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 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 Section 4.02.00 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Royal Palm Academy Strikethreurgh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised:9/28/2015 IV-2 Packet Page-1692- 10/27/2015 17.B. 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*1 20' 20' 20' 20' 20' Side Yard Setback*1 6' 0' or 6' 0' or 6' 0' or 6' 15' Rear Yard Setback**2 15' 15' 15' 15' 15' Learning Lane R-O-W- Setback 30' 30' 30' 30' 30' • 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*****5 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 Iine. 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. Royal Palm Academy Strileethrsugk text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 IV-3 Packet Page -1693- 10/27/2015 17.B. Building separation may be zero(0)feet with a minimum building separation of twelve(12)feet between detached structures. Detached garages may be separated by a minimum of ten(10)feet. ******6.Twenty-five(25)foot minimum principal structure setback, may be reduced to an absolute minimum of twenty (20)feet to protect native vegetation as approved during the platting and/or SDP process. *******7.No principal structure shall be located within 5' of a required landscape buffer. • Royal Palm Academy &rikethreugh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 IV-4 Packet Page-1694- 10/27/2015 17.B. 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. Principal Uses and Structures 1. Preserve B. Permitted Principal Uses and Strictures Accessory 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 42.8 acres of native vegetation. Royal Palm Academy Striket Peugh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 V-1 Packet Page-1695- • 10/27/2015 17.b. 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", Revised 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 Royal Palm Academy Strikethreugh text is deleted PUDA-PL-20I4-2683 Underline text is added Last Revised: 9/28/2015 VI-1 Packet Page -1696- 10/27/2015 17.B. approval. Subject to the provisions of the Collier County Land Development Code, amendments may be made from time to time. 6.4 UTILITIES Zone WS/4. Development within the Royal Palm Academy PUD shall be consistent with Section 3.06, Groundwater Protection of the LDC. AB. A future potable water main connection from the 50+/-acre residential tract, located south of Learning Lane and west of Livingston Road, will be provided to the Delasol community. The location of the interconnection will align with Delasol Lane, and will be permitted at the time of construction plan approval. B. The project will provide potable water and sanitary sewer force main connection points to the north. The location of the interconnect will be permitted at the time of construction plan approval. Sizing of infrastructure shall be appropriate to service the land-locked parcels to the north based on a build-out of 3 du/acre on approximately 20 acres. 6.5 TRAFFIC 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). 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. PUD Master Plan, located along the northern property line and east of Livingston Development within the 15-acre portion of the PUD located to the north of Verona Pointe shall be limited to a maximum of 56 Two Way. unad.usted PM Peak hour trips. D. At the time of plat recordation, the Owner shall convey one (1) access easement to the eight parcels to the north, identified as Parcel IDs 00148440001, 00148360000 00149600002 00150720007, 00150240008, 00149120003, Royal Palm Academy Str-iliethrough text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 VI-2 Packet Page -1697- 10/27/2015 17.B. 00149040002, and 00148240007. The access easement shall be located as shown on the PUD Master Plan in the northwestern portion of the site and provide access to Livingston Road via the Brandon PUD. The access easement shall be free and le.. if .l1 e c b . c- Th- • o.-. own-r ti t e orth all • - i!i .em' mit'.at- . d ins it.ct •- .c - . I addi ion •- . ••e own- to •- . shall not permit the physical access in the access easement until the SFWMD permit is approved for the 15.35 acre portion of the PUD to the north of Verona Pointe. 6.6 PLANNING Pursuant to Section 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. 6.7 ENVIRONMENTAL that project. 137 A. 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 3-9 42.8 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 structural buffers shall be provided in accordance with the State of Florida 1X B. 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. • -. _ :._ 4-- : - - .- -t .: _. - , - • . . I.. - ..- - I _ i, . : - Royal Palm Academy Strikeitreteght text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised: 9/28/2015 VI-3 Packet Page -1698- 10/27/2015 17.B. covenants per or similar to Section 704.06 of the Florida Statutes. C. 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. D. Butterfly orchids within -i•ht feet of the ground and located in developable .ortions of the 15.35 acres to the north of Verona Pointe will be relocated to the designated preserve areas, where practical based upon plant size and survivability upon relocation. Royal Palm Academy Strikethreugh text is deleted PUDA-PL-2014-2683 Underline text is added Last Revised:9/28/2015 VI-4 Packet Page-1699- 10/27/2015 17.1_. 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Notice Notice NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE ' Notice is hereby given that on Tuesday,October 27,2015, in the Board of County Commissioners Meeting Room: Third Floor, Collier Government Center,3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 increasing the number of dwelling unit;from 550 to 600;by amending Ordinance Number 2004-41,the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 15.35± acres of land zoned Rural Agricultural (A) to the Royal Palm International Academy PUD; by revising the development standards; by amending the master plan; and adding deviations and revising developer commitments. The property is located on Livingston Road in Section 13,Township 48 South, Range 25 East, Collier County, Florida consisting of 178± acres; and by providing an effective date. [Petition: PUDR- PL20140002683] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection, All interested parties are invited to attend and be heard. • ,., NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or 0 organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in 0 the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, co written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of a seven days prior to the public hearing. All materials used•in presentations before the Board will become a permanent part of the record. a Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and N therefore, may need to ensure that a verbatim record of the w proceedings is made, which record includes the testimony and z evidence upon which the appeal is based. >- a If you are a person with a disabilitywho needs any accommodation in order to participate in this proceeding, you are entitled, at w no cost to you, to the provision of certain assistance. Please a contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- z 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E. BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) Ocytober 7,2015 No.722189 Packet Page-1701-