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Agenda 04/09/2013 Item #17C 4/9/2013 17.C. EXECUTIVE SUMMARY Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 03-54, as amended, the Royal Palm International Academy Planned Unit Development(PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to the east side of Livingston Road; by reducing the student population from 1,250 to 500 students; by reducing the campus building height to 50 feet; by amending the Master Plan; by deleting the Surface Water Management Plan; by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida consisting of 163±acres; and by providing an effective date. [PUDA-PL20120001225] 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 PUD 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 subject property contains a number of developed educational and residential parcels as well as undeveloped parcels. The original campus development was approved under Conditional Use Resolution Number 2000-160 and Site Development Plan SDP- 00-87. The development was later expanded and rezoned in 2003 from the Agriculture Zoning District (A) and Agricultural/Special Treatment Overlay District (A-ST) to Planned Unit Development District (PUD), specifically the Royal Palm International Academy PUD, Ordinance Number 03-54, approved by the Board of County Commissioners (BCC) on September 23, 2003. The approved ordinance allowed for the development of 550 dwelling units based on approximately 3.4 units per acre and a new school campus with 1,250 students on the west side of Livingston Road as well as the interim retention of the existing campus on the east. The project could be developed with any combination of single family, two family duplex or multi-family residential units as well as a range of educational/campus uses. The proposed changes are summarized below (taken from the narrative statement provided in the application and revised during the review of the application): • Designate the current campus on the east side of Livingston Road to be the permanent campus location with a reduction in the student population from 1,250 to 500 students. • The introduction of a new deviation regarding the size and number of display days allowed per calendar year for banner signs. • The introduction of a new deviation regarding the type of landscape buffer between the school campus and the adjacent Verona Pointe residential community. • The introduction of a new deviation regarding the required masonry wall/fence required between school campus (a non-residential development) and the adjacent Strand PUD residential community. • The introduction of six new deviations regarding the requirement of modular and other buildings to meet architectural and site design standards for the school campus portion of the project. PUDA-PL20120001225: Royal Palm Academy Page 1 of 6 February 22,201 (Revised 3-5-13, 3-12-13, 3-18-13) BCC Hearing Date April 9,2013 Packet Page -1513- 4/9/2013 17.C. Because this PUD is already partially developed, the petitioner cannot prepare a new PUD document using the latest format, e.g., Exhibits A-F rather than sections. To do so could create non-conformities in the existing development. Instead the petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. As noted above, the petitioner is seeking approval of nine new deviations, which are discussed at length in the staff report prepared for the Collier County Planning Commission(CCPC). 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: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The original Royal Palm Academy PUD, Planned Unit Development, was approved in 2003 for development of a mixed use project with a 50 acre school campus, 550 dwelling units, ancillary uses and open space preserve areas, all deemed consist with this sub district. The school campus portion of the project allowed a range of school and residential uses. The proposed rezone is consistent with the GMP, and further detail is provided in the attached staff report. Therefore, 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 February 7, 2013. By a vote of 8 to 0, with Commissioner Brougham making the motion and Commissioner Klein seconding the motion, the CCPC recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval with the following stipulations: The PUD document shall be revised as follows: 1) Approval of deviation 1 limited to a 100-foot setback from Livingston Road edge of pavement and installed on the Camden Lakes development perimeter wall located on the west side of Livingston Road. The banner sign is to be a maximum of 4 feet in height and 50 feet in length, with the display period limited to a maximum of 90 calendar days PUDA-PL20120001225: Royal Palm Academy Page 2 of 6 February 22, 201 (Revised 3-5-13, 3-12-13, 3-18-13) BCC Hearing Date April 9,2013 Packet Page-1514- 4/9/2013 17.C. per year during season which is defined as November 1St through April 30th 2) Revision of the campus building heights to be consistent with standard Land Development Code (LDC) zoned and actual designations. 3) Delete item 4 on page 3-2 of the PUD document. This item was the setback from the public school access road for the previous campus location and therefore is no longer applicable for the revised campus location. The campus will no longer be adjacent to the school access road. 4) Clarify that the easement on Collier County Schools parcel includes utility as well as access uses. 5) Minimum setback from Learning Lane to be a minimum of 30 feet. 6) PUD section 6.4.B to be revised to provide specific stub-out interconnection. 7) No additional play fields to be located north of the proposed Gymnasium building. Staff has not received any correspondence in opposition to this petition. This Executive Summary can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: [Quasi-judicial, Four-fifths vote for approval] This is an amendment to the existing Royal Palm International Academy Planned Unit Development. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for amendments (PUDA) 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. PUDA-PL20120001225: Royal Palm Academy Page 3 of 6 February 22, 201 (Revised 3-5-13, 3-12-13, 3-18-13) BCC Hearing Date April 9,2013 Packet Page-1515- 4/9/2013 17.C. 3. Consider: Conformity of the proposed PUDA with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUDA 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 PUDA Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUDA 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 change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? PUDA-PL20120001225: Royal Palm Academy Page 4 of 6 February 22, 201 (Revised 3-5-13, 3-12-13, 3-18-13) BCC Hearing Date April 9,2013 Packet Page-1516- 4/9/2013 17.C. 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...) 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 PUDA 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 PUDA 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 reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is necessary for Board approval. HFAC RECOMMENDATION: Staff concurs with the recommendations of the CCPC including the revisions noted in the approval motion and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance. Prepared by: Mike Sawyer, Project Manager, Planning and Zoning Department, Growth Management Division, Planning and Regulation • PUDA-PL20120001225: Royal Palm Academy Page 5 of 6 February 22, 201 (Revised 3-5-13, 3-12-13, 3-18-13) BCC Hearing Date April 9,2013 Packet Page-1517- 4/9/2013 17.C. Attachments: 1) Staff Report 2) Back-up information 3) Ordinance PUDA-PL20120001225: Royal Palm Academy Page 6 of 6 February 22, 201 (Revised 3-5-13, 3-12-13, 3-18-13) BCC Hearing Date April 9,2013 Packet Page-1518- 4/9/2013 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.C. 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 consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 03-54, as amended, the Royal Palm International Academy Planned Unit Development (PUD); by reducing the size of the school campus from 50 to 11 acres; by moving the permanent campus to the east side of Livingston Road; by reducing the student population from 1,250 to 500 students; by reducing the campus building height to 50 feet; by amending the Master Plan; by deleting the Surface Water Management Plan; by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13,Township 48 South, Range 25 East, Collier County, Florida consisting of 163± acres; and by providing an effective date. [PUDA-PL20120001225] Meeting Date: 4/9/2013 Prepared By Name: SawyerMichael Title: Project Manager,Engineering&Environmental Servic 3/13/2013 4:20:38 PM Approved By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning Date: 3/20/2013 3:28:49 PM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 3/20/2013 3:40:04 PM Name: BellowsRay Title: Manager-Planning,Comprehensive Planning Date: 3/21/2013 5:32:37 PM Name: AshtonHeidi Title: Section Chief/Land Use-Transportation,County Attor Packet Page -1519- 4/9/2013 17.C. Date: 3/25/2013 4:45:17 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/27/2013 9:16:02 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 3/27/2013 12:37:08 PM Name: KlatzkowJeff Title: County Attorney Date: 3/28/2013 1:54:38 PM Name: OchsLeo Title: County Manager Date: 3/30/2013 5:19:04 PM Packet Page-1520- 4/9/2013 17.C. $ 9yUflty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING&REGULATION HEARING DATE: FEBRUARY 7, 2013 SUBJECT: PUDA-PL20120001225: ROYAL PALM ACADEMY PROPERTY OWNER& APPLICANT/AGENT: Property Owner/Applicant: Royal Palm Academy, Inc. 16100 Livingston Road Naples, Fl 34110 Agents: Richard D. Yovanovich, Esq. Alexis Crespo,AICP Coleman, Yovanovich and Koester, P.A. Waldrop Engineering, P.A. 4001 Tamiami Trail North, Suite 300 28100 Bonita Grande Drive, Suite 305 Naples, FL 34103 Bonita Springs, Fl 34135 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Royal Palm International Academy PUD, to allow several changes to the development including a reduction in the size and location of the permanent school campus, amending the Master Plan, revising developer commitments, and proposing additional deviations. GEOGRAPHIC LOCATION: The subject property, consisting of 163+/- acres, is located approximately 1.5 miles north of Immokalee Road on both the east and west sides of Livingston Road, in Section 13, Township 48 South,Range 25 East, Collier County,Florida. 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N i A PLAN REVISIONS 10/11/12 REVISED PER COUNTY COMMENTS ROYAL PALM ACADEMY PUD I WALDROP ENGINEERING CLIENT:ROYAL PALM ACADEMY,INC. PUD MASTER PLAN nneowonteum e..K..urt,w aora.n.ie.,nan.. -Packet Page 1523 w..os.,,,,I<r....1 .a.W.........** 4/9/2013 17.C. PURPOSE/DESCRIPTION OF PROJECT: The subject property contains a number of developed educational and residential parcels as well as undeveloped parcels. The original campus development was approved under Conditional Use Resolution Number 2000-160 and Site Development Plan SDP-00-87. The Development was later expanded and rezoned in 2003 from the Agriculture Zoning District (A) and Agricultural/Special Treatment Overlay District (A-ST) to Planned Unit Development District (PUD), specifically the Royal Palm International Academy PUD, Ordinance Number 03-54, approved by the Board of County Commissioners (BCC) on September 23, 2003. The approved ordinance allowed for the development of 550 dwelling units based on approximately 3.4 units per acre and a new school campus with 1,250 students on the west side of Livingston Road as well as the interim retention of the existing campus on the east. The project could be developed with any combination of single family, two family duplex or multi-family residential units as well as a range of educational/campus uses. The proposed changes are summarized below(taken from the narrative statement provided in the application and revised during the review of the application): • Designate the current campus on the east side of Livingston to be the permanent campus location with a reduction in the student population from 1,250 to 500 students. • The introduction of a new deviation regarding the size and number of display days allowed per calendar year for banner signs. • The introduction of a new deviation regarding the type of landscape buffer between the school campus and the adjacent Verona Pointe residential community. • The introduction of a new deviation regarding the required masonry wall/fence required between school campus (a non-residential development) and the adjacent Strand PUD residential community. • The introduction of six new deviations regarding the requirement of modular and other buildings to meet architectural and site design standards for the school campus portion of the project. Because this PUD is already partially developed, the petitioner cannot prepare a new PUD document using the latest format, e.g., Exhibits A-F rather than sections. To do so could create non-conformities in the existing development. Instead the petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. As noted above, the petitioner is seeking approval of nine new deviations. These deviations are discussed later in this report. PUDA-PL20120001225: Royal Palm Academy Page 4 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Packet Page -1524- 4/9/2013 17.C. SURROUNDING LAND USE AND ZONING: North: Several undeveloped tracts with a zoning designation of Agricultural (A), and the undeveloped Grace Romanian Baptist Church of Naples with a zoning designation of Community Facility Plan Unit Development (CFPUD) and the undeveloped residential project known as Brandon with a zoning designation of Residential Planned Unit Development(RPUD), approved at an overall density of 3.99 units per acre. East: A developed residential project known as Pelican Strand with a zoning designation of Planned Unit Development (PUD), approved with an overall density of 2.09 units per acre. South: A portion of the developed residential project known as Imperial Golf Estates with a zoning designation of Residential Single Family 3 (RSF-3), then the undeveloped Marsilea Villas development with a zoning designation of Residential Planned Unit Development (RPUD), approved with an overall density of 2.63 units per acre, then the developed Madiera residential development with a zoning designation of Planned Unit Development (PUD), approved with an overall density of 4.0 units per acre. West: Another portion of the developed residential project known as Imperial Golf Estates with a zoning designation of Residential Single Family 3 (RSF-3). -,am 'q jF4c '- ' - , . Subject Property �' p°' _,�... .- —_- tr-A6�NaNG ti .( •' ..'V 1AWAY.. .�r .t 'W �^ _ ti- .-.eaep.me f 6 * l +C�r iIBF tiu,.C' ,. .- ,� '"�" '7�1y,+ � ' r " iIf,CASTLE C4010 N.LN t * appp te [y TTi+fht;anklzI''a1-.N ,� ∎ A. ""'da s. A E.f OJVCIS.N 1 ' ' ,C`q.I" Ai?tid a�,°K# `,4!Ai �'''' 41 i-"I* i 2'"it t' —_ r- �' 'k6,,...'tmil ' a " s,IkI tv an ,3, 1,4-` r" a nrs �t a `ra« 4-» .a ,,- 4-" r + 't1B"4P'" "1'l ''4 C.aA d ti -E a ,+ r. i"A 444' t"it_.. .6{ . .4 4. ' ' E ;- ° '`1 d�' 47 i aii i u1 '. '' r-4t! fJ a1 ".'r. �*M %'{. t � , "caner:Aw Prast xrig '�a=CARP:'IT R CT;" h:::'10't 0 fl9�a k'y--'�� err 1 _10... Aerial Photo (subject site depiction is approximate) PUDA-PL20120001225: Royal Palm Academy Page 5 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Packet Page-1525- 4/9/2013 17.C. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element(FLUE): The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map (FLUM) of the Growth Management Plan(GMP). The existing Royal Palm Academy Planned Unit Development was approved in 2003 per Ordinance Number 03-54, for development of a mixed use project with a 50 acre school campus, 550 dwelling units,ancillary uses and open space preserve areas, all deemed consist with this sub district. The school campus portion of the project allowed a range of school and residential uses. This request also seeks to reduce the school campus building height, and remove various reiterations of the LDC and GMP requirements that have been met. The PUD remains compatible with surrounding developments. The previously approved 50 acre campus site depicted on the original PUD Master Plan depicts residential development on the proposed Master Plan Exhibit A, however the applicant is not seeking to increase the residential density of 550 dwelling units as approved by Ordinance Number 03-54. Per FLUE Objective 7 and associated Policies 7.1 through 7.4, staff has verified the following as part of their analysis: Policy 7.1: The project entrances are primarily provided from Livingston Road an arterial roadway and further accessed by Learning Lane to Livingston Road. Policy 7.2: The RPUD Master Plan depicts several internal roadway configurations, some of what are loop road within the projects, and others that are not. The Master Plan further shows interconnections with adjacent developments as originally approved by Ordinance Number 03- 54. Policy 7.3: As noted above the RPUD continues to show the original interconnections with adjacent developments approved by Ordinance Number 03-54 as noted above in Policy 7.2. Policy 7.4: The RPUD will be developed with an internal sidewalk system. Additionally, the RPUD is proposed to include various housing types, including single family, townhomes; multi- family dwellings; and recreational facilities. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Based on the above analysis, Comprehensive Planning staff fmds the proposed amendment consistent with the GMP. PUDA-PL20120001225: Royal Palm Academy Page 6 of 22 January 18,2013(Revised January 23,2013, January 25,2013) Packet Page-1526- 4/9/2013 17.C. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). There are no proposed changes to the previously approved preserves. Per section 2-1193 of the Collier County Codes of Laws and Ordinances, this project no longer meets the qualification for an EAC hearing unless directed by the CCPC or BCC. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues and is recommending approval subject to the Transportation Development Commitments contained in Exhibit F of the RPUD Ordinance. Utility Review: This project is located within Collier County Water and Sewer District and Utility staff has requested the petitioner place specific commitments in the PUD; the petitioner has included those commitments as requested. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to,the surrounding land uses. The development standards contained in the PUD document have not been changed except for revisions required for consistence with the changes outlined in project description section above, the removal of residential uses in the"C" Campus development area east of Livingston Road, a building height reduction for structures in the "C" Campus development area, and the removal of the school use in the"R" Residential Development Area to the west of Livingston Road, and the removal of duplicated Land Development Code (LDC) standards and regulations, The types of uses that would be allowed in this project have not changed. PUDA-PL20120001225: Royal Palm Academy Page 7 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Packet Page-1527- 4/9/2013 17.C. As illustrated in the aerial photograph located on page 2 of the staff report, "the surrounding land use zoning discussion" of this staff report, and the Master Plan, the site is bounded to the east by the developed residential project known as Pelican Stand with a zoning designation of Planned Unit Development (PUD), that was approved at a overall density of 2.09 units per acre. To the south is a residential project known as Imperial Golf Estates with a zoning designation of Residential Single Family 3 (RSF-3), then the undeveloped Marsilea Villas with a zoning designation of Residential Planned Unit Development (RPUD), that was approved at an overall density of 2.63 units per acre, then the developed Madiera residential project with a zoning designation of Planned Unit Development (PUD), that was approved with an overall density of 4.0 units per acre. To the west is another portion of the developed residential project known as Imperial Golf Estates with a zoning designation of Residential Single Family 3 (RSF-3). To the north are several undeveloped parcels with a zoning designation of Agricultural (A), and the undeveloped Grace Romanian Baptist Church of Naples with a zoning designation of Community Facility Planned Unit Development (CFPUD), and the undeveloped residential project known as Brandon with a zoning designation of Residential Planned Unit Development (RPUD),that was approved with an overall density of 3.99 units per acre. This project was originally approved with a maximum density of 4 units per acre which will not change with this amendment petition and remains comparable to what has been approved for the surrounding projects. The surrounding PUDs have similar development standards to what is proposed herein, as to minimum setbacks and lot sizes except for the additional school campus which is limited to the location change with this petition request. Exhibit A, master plan for this petition maintains all of the previously approved perimeter landscape buffers except for the proposed deviations below. Deviation Discussion: The petitioner is seeking nine deviations from the requirements of the LDC. The deviations are listed in the deviation portion of the PUD. Deviation 1 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height. The requested deviation is to allow a temporary sign or banner up to a maximum of 200 square feet in area and a maximum of 5 feet in height. The temporary sign or banner to be limited to 90 days per calendar year. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The proposed deviation will allow for a banner sign located on the proposed masonry wall along Livingston Road in order to advertise new homes available within the community. The 4 square foot banner sign permitted by the LDC provides minimal visibility and likely will not be seen by vehicles travelling along Livingston Road. Additionally the applicant is requesting that the banner be allowed for up to 90 days per calendar year to allow display throughout the peak winter season for home sales. PUDA-PL20120001225: Royal Palm Academy Page 8 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Packet Page-1528- 4/9/2013 17.C. Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project except for the proposed 200 square foot banner size and allowable display days per calendar year. Staff suggests that the banner size be limited to 32 square feet which is consistent with commercially zoned properties and further that the number of display days be limited to 60 days per calendar year. The suggested limitations are consistent with other recently approved PUD petitions such as Buttonwood Preserve. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is `justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 2 seeks relief from LDC Section 4.06.02.C. which requires a 15 foot wide Type "B" landscape buffer where the school campus is adjacent to residential use, to not require the landscape buffer where the school campus is adjacent to the Verona Pointe community along the western edge of the school campus. Petitioner's Rationale: The petitioner provided the following justification for this deviation: The Verona Pointe community is buffered from the Royal Palm Academy campus by an existing Type "B" buffer on the Verona Pointe property, a 110 foot wide FPL easement, and an existing chain link fence on Royal Palm academy's western property line. Based upon the existing vegetation buffer and substantial separation provided by the FPL easement, the school campus will continue to be compatible and appropriately screened from the Verona Pointe community, thereby upholding the intent of the LDC. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. It is noted that the current school campus has successfully been in operation starting in the early 2000's, additionally the adjacent internal residential use approved with Site Development Plan SDP-2005-AR-7811 approved on June of 2005 provides the LDC required Type "B"landscape buffer . Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is `justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 3 seeks relief from LDC Section 5.03.02.H. that requires a masonry wall/fence along the perimeter of any non-residential development when it is adjacent to a residentially zoned district. Petitioner's Rationale: The applicant states in his justification for this deviation the following: PUDA-PL20120001225: Royal Palm Academy Page 9 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Packet Page-1529- 4/9/2013 17.C. The Royal Palm Academy campus predominantly abuts golf course uses and right-of-way internal to the Strand PUD; in effect only one (1) single family residence abuts the campus'eastern property line. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. It is also noted that the current school campus has successfully been in operation for over ten years. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h,the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 4 seeks relief from LDC Section 5.05.08.B, which requires new buildings in non- residential PUD districts to adhere to the architectural and site design standards. The requested deviation is to omit the architectural design standards for modular buildings associated with the Royal Palm Academy. Petitioner's Rationale: The applicant states in his justification for this deviation the following: Since existing modular buildings are currently utilized on the Royal Palm Academy campus the applicant requests that these temporary structures continue to be permitted without adhering to the County's architectural standards. The applicant is also requesting additional modular buildings be permitted until permanent buildings can be constructed. All modular buildings will be removed from the campus as the master plan is implemented. These buildings are temporary in nature and appropriately buffered from the Livingston Road view shed and adjacent properties. Staff Analysis and Recommendation: The requested deviation does not propose an alternative design that would meet the intent of the Section 5.05.08, principally because the proposed buildings have not yet been designed or were originally approved as temporary structures without architectural review at the time of the original SDP. The requested deviation seeks to exempt new and existing modular buildings from architectural code requirements. Staff notes that Deviation 8 seeks to allow buildings to qualify for an administrative determination of deviations from Section 5.05.08, permitted under Section 5.05.08F. Therefore, staff does not support this deviation request because Deviation 8 if approved will provide a process to allow consideration of alternative design solutions once specific building configurations, facades, and the continued use of the existing temporary modular structures are determined. Zoning and Land Development Review staff recommends DENIAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the PUDA-PL20120001225: Royal Palm Academy Page 10 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Packet Page-1530- 4/9/2013 17.C. deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 5 seeks relief from LDC Section 5.05.08.C.2.c, which requires the design of primary facades to include a minimum of two (2) specific design features. The requested deviation is to allow the design of primary facades to include a minimum of one (1) specific design feature for the Royal Palm Academy campus. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The Royal Palm Academy (RPA) campus is part of an existing Planned Unit Development, thereby requiring adherence to the most restrictive portions of the Collier County Architectural and Site Design Standards. The referenced standard requires that all exterior elevations of each individual building in a PUD be treated as a primary façade thereby requiring more design features and embellishment than required for a similar building on commercially zoned property which has one (1)primary facade. The basis for this more restrictive requirement is presumed to be that buildings located within commercial PUDs are more visible from multiple directions and their typical mixed use occupancy initiates more public interaction. The RPA campus, even though located in a planned unit development zoning district, is a much different atmosphere than the typical mixed use commercial property envisioned, and therefore the architectural standards are inappropriate and overly restrictive. The RPA property has limited street frontage on Livingston Road with very controlled accessibility Or student safety), which limits visibility and public access. There are more effective alternatives to selecting a second design feature from the prescribed list especially since the tight, interwoven campus design restricts views and building length perception. The Applicant proposes to provide other features such as additional roof offsets, wall planting latticework, covered outdoor areas that blend with building architecture and elements, such as sun screens or sun shelves, and canopies for shading and visual relief Staff Analysis and Recommendation: The requested deviation does not propose an alternative design that would meet the intent of the Section 5.05.08, principally because the proposed buildings have not yet been designed. However, staff notes that Deviation 8 seeks to allow buildings to qualify for an administrative determination of deviations from Section 5.05.08, permitted under Section 5.05.08F. Therefore, staff does not support this deviation request because Deviation 8 if approved will provide a process to allow consideration of alternative design solutions once specific building configurations and facades are determined. Zoning and Land Development Review staff recommends DENIAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3,the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the deviation is `justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDA-PL20120001225: Royal Palm Academy Page 11 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Packet Page-1531- 4/9/2013 17.C. Deviation 6 seeks relief from LDC Section 5.05.08.C.3.c.ii & iii, which requires specific transitional massing elements to be incorporated for a minimum of 60% of the length of the dacade, which is in part or whole within 150 feet of an existing building. Thje requested deviation is to omit the requirement for transitional massing elements for the Royal Palm Academy campus. Petitioner's Rationale: The applicant states in his justification for this deviation the following: Since the entire campus is under single ownership and will be designed with a common theme with buildings of similar height, the concept of transitional elements is not appropriate or needed for this specific development. The master plan will incorporates a series of buildings of multiple uses, sizes and heights that will inherently provide the massing variation and articulation that the architectural standards strive to create. Staff Analysis and Recommendation: The requested deviation does not propose an alternative design that would meet the intent of the Section 5.05.08, principally because the proposed buildings have not yet been designed. However, staff notes that Deviation 8 seeks to allow buildings to qualify for an administrative determination of deviations from Section 5.05.08, permitted under Section 5.05.08F. Therefore, staff does not support this deviation request because Deviation 8 if approved will provide a process to allow consideration of alternative design solutions once specific building configurations and facades are determined. Zoning and Land Development Review staff recommends DENIAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3,the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 7 seeks relief from LDC Section 5.05.08.C.4.a.i-v, which requires specified design treatments for projections and recesses to provide for variation in massing. The requested deviation is to omit the requirement for specified design treatment requirements relating to projections and recesses for the Royal Palm Academy campus. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The first line of Section C.4 states "A single, large, dominate building mass must be avoided. " The proposed master plan for the Royal Palm Academy accomplishes this purpose without major offsets due to the compact nature of the RPA campus. The relatively small footprint and juxtaposition of all the future buildings provides a massing variation similar to the requirements of the Collier County architectural standards. The diversity of building use, height and fenestration provides another level of detail and variation to meet this same requirement. Therefore, the buildings within the campus will maintain a varied appearance and will meet the intent of this section. PUDA-PL20120001225: Royal Palm Academy Page 12 of 22 January 18,2013(Revised January 23,2013,January 25, 2013) Packet Page-1532- 4/9/2013 17.C. Staff Analysis and Recommendation: The requested deviation does not propose an alternative design that would meet the intent of the Section 5.05.08, principally because the proposed buildings have not yet been designed. However, staff notes that Deviation 8 seeks to allow buildings to qualify for an administrative determination of deviations from Section 5.05.08, permitted under Section 5.05.08F. Therefore, staff does not support this deviation request because Deviation 8 if approved will provide a process to allow consideration of alternative design solutions once specific building configurations and facades are determined. Zoning and Land Development Review staff recommends DENIAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3,the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the deviation is `justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 8 seeks relief from LDC Section 5.05.08.F, which requires Planned Unit Developments (PUD's) to comply with the Architectural and Site Design Standards, to allow additional deviations for future buildings within the Royal Palm Academy Campus in conformance with Section 5.05.08.F- "Deviations and Alternative Compliance". Petitioner's Rationale: The applicant states in his justification for this deviation the following: Designs for future buildings have not been developed at this time; therefore it is not possible to identify a complete listing of appropriate deviations. The Applicant will follow the submittal and review process outlined in Section 5.05.08.F to ensure the intent of the LDC is upheld. Staff Analysis and Recommendation: The Deviations and Alternate Compliance Section of the LDC (5.05.08.F), states that buildings located within a PUD do not qualify for an administrative determination of deviations from the architectural and site design standards, Section 5.05.08. However, 5.05.08.F allows any non-commercial (retail) use project to seek approval trough an alternative design that meets the purpose and intent of Section 5.05.08. Because the buildings within the proposed PUD tract are intended to be limited to educational use, staff is of the opinion that the administrative variance through the 5.05.08.F is in compliance with the purpose and intent of Section 5.05.08. Zoning and Land Development Review staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 9 seeks relief from LDC Section 5.05.08.C.2.c.i and ii, which requires 30 percent glazing area for primary facades, to allow for a minimum of 15 percent glazing area for primary facades. PUDA-PL20120001225: Royal Palm Academy Page 13 of 22 January 18,2013(Revised January 23,2013, January 25,2013) Packet Page-1533- 4/9/2013 17.C. Petitioner's Rationale: The applicant states in his justification for this deviation the following: The assembly and educational building uses envisioned for this property provide varying opportunities for glazing and will vary widely with each building elevation. The amount of glazing for each building will be appropriate for the building use and consistent with educational needs. Staff Analysis and Recommendation: The requested deviation does not propose an alternative design that would meet the intent of the Section 5.05.08, principally because the proposed buildings have not yet been designed. However, staff notes that Deviation 8 seeks to allow buildings to qualify for an administrative determination of deviations from Section 5.05.08, permitted under Section 5.05.08F. Therefore, staff does not support this deviation request because Deviation 8 if approved will provide a process to allow consideration of alternative design solutions once specific building configurations and facades are determined. Zoning and Land Development Review staff recommends DENIAL of this deviation finding that, in compliance with LDC Section 10.02.13.A.3,the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." FINDINGS OF FACT: LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staff's responses to these criteria are provided in bold, non-italicized font]: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation,the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. PUDA-PL20120001225: Royal Palm Academy Page 14 of 22 January 18, 2013 (Revised January 23,2013,January 25,2013) Packet Page-1534- 4/9/2013 17.C. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the analysis provided by Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this PUD Amendment remains consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed changes and believes that the project will be compatible with the surrounding area. The uses are not proposed to change as part of this amendment and the uses approved in the original PUD rezone were determined to be compatible. The petitioner is revising only minor property development standards, and staff believes uses remain compatible given those standards and project commitments. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. PUDA-PL20120001225: Royal Palm Academy Page 15 of 22 January 18, 2013(Revised January 23,2013,January 25,2013) Packet Page-1535- 4/9/2013 17.C. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking nine deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of the deviations. Rezone Findings: LDC Subsection 10.03.05.1 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the PUDA-PL20120001225: Royal Palm Academy Page 16 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Packet Page-1536- 4/9/2013 17.C. subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. The applicant's request is consistent with the proposed GMPA. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes restrictions and development standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the commitment that has been provided by the developer. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; PUDA-PL20120001225: Royal Palm Academy Page 17 of 22 January 18,2013(Revised January 23, 2013,January 25,2013) Packet Page-1537- 4/9/2013 17.C. If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results,which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staff's conditions of approval are adopted, and further,believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier PUDA-PL20120001225: Royal Palm Academy Page 18 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Packet Page-1538- 4/9/2013 17.C. County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (MM): Royal Palm Academy, Inc. (RPA) in conjunction with Coleman, Yovanovich & Koester, P.A.,Waldrop Engineering, P.A., and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Wednesday, October 3, 2012. Also in attendance was a representative from Pulte Homes. The meeting was held at 5:30 p.m. at the Royal Palm Academy campus, located at 16100 Livingston Road. The sign-in sheet is attached as Exhibit "A". While only three (3) attendees signed in, approximately ten (10) attendees were present. Handouts were distributed outlining the proposed uses and site development regulations. The handout is attached as Exhibit`B". Rich Yovanovich PUDA-PL20120001225: Royal Palm Academy Page 19 of 22 January 18,2013(Revised January 23,2013, January 25,2013) Packet Page -1539- 4/9/2013 17.C. (Agent) began the meeting with introductions of the consultant team and County Staff. Mr. Yovanovich presented the currently approved PUD master plan and outlined the original intent to develop a 50+/-acre permanent campus west of Livingston Road, and relocate the current/temporary campus to the larger site. He noted RPA's plans have been subsequently downsized, and the purpose of the PUD amendment is to designate the temporary campus as the permanent campus on the PUD master plan. This amendment will allow the modular school buildings to be replaced with permanent buildings. The student population will be downsized accordingly from 1,250 to 500 students. He noted the preserve area next to Imperial Golf Estates is not proposed for modification as part of this amendment application. He also noted there is not a permanent master plan for the school campus at this time. Mr. Yovanovich reviewed the deviation request for a temporary banner sign that is larger than what is allowed by the Land Development Code. Lastly, Mr. Yovanovich noted the 50+/-acre site originally intended for the permanent campus will be developed with residential uses by Pulte Homes. Following his presentation, Mr. Yovanovich asked attendees if they had any questions or comments. The following is a summarized list of the questions asked and the responses given. Question/Comment 1: Frank Richards, President of Verona Pointe HOA, asked what the school has in mind for expansion adjacent to Verona Pointe. What is the intent for maintaining the FPL easement? Response: Mr. Yovanovich noted the FPL power lines separate the Royal Palm Campus from Verona Pointe and nothing can be built in that easement without FPL's permission. Mr. Saluan from RPA indicated that school-related uses may be developed in the northern portion of the campus area in the future. Mr. Saluan also advised he would provide Mr. Richards with the boundary survey of the RPA property to clarify the boundary between the campus and Verona Pointe. Question/Comment 2: Where is the entrance to Pulte's new residential community? I have concern regarding congestion generated by the North Naples Middle School. Response: Mr. Saluan advised that the entrance will be from Learning Lane. Mr. Yovanovich added that the applicant had to work with the school board to gain access via Learning Lane, which involved a detailed traffic analysis. He also noted access to the residential community is not a subject of the proposed PUD amendment. Question/Comment 3: Will there be another access point to the Pulte community? Response: No, there is just one access point to the community. Attendees offered that the neighboring Delasol community only has one access point as well. Mr. Yovanovich advised that the next step in the process is public hearings before the Planning Commission and Board of County Commissioners.The public has the opportunity to speak at these hearings. These hearings have not been scheduled. Staff advised the hearing dates are dependent upon the applicant's resubmittal to the County. Question/Comment 4: Will the school remain in the same location it is now? Response: Yes. PUDA-PL20120001225: Royal Palm Academy Page 20 of 22 January 18, 2013(Revised January 23,2013,January 25,2013) Packet Page-1540- 4/9/2013 17.C. Question/Comment 5: Will the 39 or 40 acres adjacent to Imperial Golf Estates remain as preserve? Response: Yes, no changes are proposed to the portion of the PUD west of Livingston Road. Residential uses were always permitted in the 50+/-acre campus area west of Livingston Road. There were no further questions or comments. Mr. Sawyer noted his business cards are available for anyone who has questions for him. Mr. Yovanovich thanked attendees for coming. The meeting concluded at approximately 5:45 p.m. The meeting was recorded per the CD attached as Exhibit"C". COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20120001225 to the BCC with a recommendation of approval subject to staff's recommended action on the deviations as shown below: Approval of Deviations 2, 3, and 8. Approval of Deviation 1 with the stipulation that the banner size be limited to 32 square feet and the number of display days is limited to 60 days per calendar year. Denial of Deviation 4, 5, 6, 7, and 9. Attachments: A. Application B. PUD Ordinance C. Back up material PUDA-PL20120001225: Royal Palm Academy Page 21 of 22 January 18,2013(Revised January 23,2013,January 25,2013) Packet Page-1541- 4/9/2013 17.C. PREPARED BY: olef L SAWY: , PROJECT MANAGER DATE PLA ING AND ONING DEPARTMENT REVIEWED BY: `<:i 18 - / 5 RAYMOND 1. BELLOWS, ZONING MANAGER DATE PLANNING AND ZONING DEPARTMENT Id- ( 3 MICHAEL BOSI,AICP,INTERIM DIRECTOR DATE PLANNING AND ZONING DEPARTMENT APPROVED BY: 4124 04 4i:I 1 .■1 I e 1 NICK CASAL P- G PTA, AD '�STRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the March 26, 2013 Board of County Commissioners Meeting PUDA-PL20120001225: Royal Palm Academy January 11,2013(Revised) Packet Page-1542- I 4/9/2013 17.C. WALDROP ENGINEERING \\ CIVIL ENGINEERING&LAND DEVELOPMENT CONSULTANTS /\ August 3, 2012 Mr. Michael Sawyer Zoning & Land Development Review Department Community Development& Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Royal Palm Academy PUD Amendment(PUDA) PUDA-P12012-1225 Dear Mr.Sawyer: Enclosed for your review is an application to amend the Royal Palm Academy PUD ("Property"), a 162+/- acre project located on Livingston Road, approximately 1.5 miles north of Immokalee Road in unincorporated Collier County, Florida. The Property is located within Section 13, Township 48 South, Range 25 East, and is designated within the Urban Residential Subdistrict per the Collier County Future Land Use Map. BACKGROUND/EXISTING CONDITIONS: The Property was originally rezoned in 2003 from Rural Agricultural (A), with portions having a Special Treatment (ST) overlay, to Planned Unit Development (PUD) per Ordinance 03-54. This approval allows for the development of a 50+/- acre school campus, 550 residential dwelling units, ancillary uses, and open space/preserve areas. In 2011, an administrative modification to the PUD master plan was approved per PMC-PL2011-1618, which resulted in a more conceptual layout of the campus area. To date, an 11+/-acre temporary campus has been developed in the portion of the project east of Livingston Road, in addition to 350 residential units in communities known as Milano and Verona Pointe. In terms of the surrounding development pattern, North Naples Middle School abuts the property to the north, in addition to vacant lands zoned for agricultural uses, and a CFPUD approved for a 500-seat church and pre-school. To the east are golf course and residential uses associated with the Pelican Strand community.To the south is the Madeira PUD developed with residential uses, RSF-3 zoned lands developed with residential and golf course uses as part of the Imperial Golf Estates, and vacant lands zoned RPUD known as Marsilea Villas. Lands to the west are zoned RSF-3 and are also part of the Imperial Golf Estates community. Livingston Road, which has a 275-foot wide right-of-way, runs parallel along the eastern property line then curves to the northwest bisecting the PUD. Royal Palm Academy PUDA-PL-2012-1225 Cover Letter Page 1 of 3 Packet Page-1543- 4/9/2013 17.C. REQUEST: Royal Palm Academy, Inc. ("Applicant") is requesting approval of a PUD Amendment to designate the 11- acre temporary campus to the east of Livingston Road as the permanent school campus, and reduce the estimated student population from 1,250 to 500. The Applicant is not seeking any additional density via this amendment. Additionally, the Applicant is not requesting changes to the approved schedule of uses or the site development regulations, with the exception of a reduction to campus building height. Buffer yards are proposed in compliance with the Land Development Code and the previous RPUD approval. As such, the Royal Palm Academy PUD will remain compatible with surrounding developments. The Applicant is also proposing the removal of various commitments that are reiterations of LDC and/or GMP requirements, or those commitments that have been satisfied. ENVIRONMENTAL CONDITIONS: The proposed PUD Amendment does not impact the environmental commitments approved as part of the original PUD. Jen Florida VI, LLC, the entity which owns the vacant portion of the PUD to the west of Livingston Road and south of Learning Lane, has concurrently filed an application for Minor Change to PUD Master Plan (PMC)to reconfigure the on-site native preserve administratively. This application will be reviewed and processed entirely separate from the proposed PUD amendment. However, for consistency purposes the enclosed revised master plan demonstrates the reconfigured preserve areas as proposed in the PMC application. The project will continue to provide the minimum 39 acres of on-site native preserve in accordance with the LDC and GMP. INFRASTRUCTURE: The proposed amendment will not negatively impact public infrastructure, as the Applicant is proposing a substantial decrease to the approved campus acreage, without a corresponding increase to the residential component of the PUD. Therefore, approval of this amendment will have a net positive impact on surrounding public infrastructure. CONCLUSION: In summary, the proposed amendment will allow for the continuation of the existing Royal Palm Academy campus in its current location due to changes in market demand since the original PUD approval. Future expansion of the campus will be in accordance with the all applicable PUD development standards, and will be consistent with the LDC and GMP. The Applicant is not seeking additional density or uses via this amendment,and no significant changes are proposed to the approved development standards. Royal Palm Academy—PUDA-PL2012-1225 Cover Letter Page 2 of 3 Packet Page-1544- 4/9/2013 17.C. Per the Pre-Application Meeting Notes,the following items are enclosed for your review: 1. Ten (10) copies of the submittal cover letter detailing the purpose of the amendment request; 2. A check(#0090162182) in the amount of$14,367.50 for the PUD Amendment Application Fee; 3. One (1)copy of the pre-application meeting notes; 4. Ten (10) copies of the completed PUD Amendment Application; 5. Ten (10) copies of the revised PUD Conceptual Site Plan (24"x36")and one reduced copy; 6. Ten (10)copies of the current PUD document and Master Plan (24"X36"); 7. Ten (10) copies of the proposed PUD document in strike-through/underline format; 8. Ten (10) copies of the Evaluation Criteria; 9. Three (3)copies of the Warranty Deed; 10. One (1)original and one (1) copy of the Owner Affidavit by Royal Palm Academy, Inc.; 11. One (1) original and one(1) copy of the Owner Affidavit by ten Florida VI,LLC; 12. One (1)original and one (1) of the Covenants of Unified Control by Royal Palm Academy, Inc.; 13. One (1) original and one(1) of the Covenants of Unified Control byJen Florida VI, LLC; 14. Two (2)copies of the approved Addressing Checklist dated 3/27/12; 15. One (1)copies of the Traffic Impact Statement(T15)Waiver request; 16. Three (3)copies of the entire submittal documents on CD-ROM. Should you require additional information or have any questions, please feel free to contact me directly at (239)405-7777, ext. 207,or alexisc(Wwaldrooengineering.com. Sincerely, WALDROP ENGINEERING, P.A. +,:j Alexis V.Crespo,AICP, LEED AP Principal Planner Enclosures cc: Andrew Saluan, Royal Palm Academy, Inc.w/enclosures Chris Hasty, Pulte Homes Corp.w/enclosures Richard Yovanvoich,Coleman,Yovanovich& Koester, P.A.w/enclosures Sandra Bottcher,SLB Consulting of SW Florida, LLC w/enclosures Royal Palm Academy—PUDA-PL2012-1225 Cover Letter Page 3 of 3 Packet Page-1545- 4/9/2013 17.C. EXHIBIT B DISCLOSURE OF INTEREST JEN FLORIDA VI,LLC Jen Florida VI,LLC is a Florida Limited Liability Company. Its sole partner and general partner is Jen III, L.P. Jen Partners,LLC is the Manager of Jen III, L. P with its Manager Reuben S. Leibowitz. Jen Florida VI,LLC has Co-Managers—Jen Partners,LLC—Rueben S. Leibowitz,Manager and Sun Terra Communities,Inc.—Co-Managers,John A Kraynick and Richard A.Jerman Packet Page-1546- 4/9/2013 17.C. EXHIBIT A DISCLOSURE OF INTEREST ROYAL PALM ACADEMY,LLC Royal Palm Academy,Inc. is a not-for-profit corporation. Officer/Director Detail Name&Address Title:President, Director(PD) KASTROLL,WILLIAM 801 ANCHOR RODE DRIVE,SUITE 103 NAPLES FL 34103 US Title:Vice President, Director(VD) SALUAN,ANDREW 2950 IMMOKOLEE ROAD,SUITE 2 NAPLES FL 34110 US Title:Secretary, Director(SD) MADGEY,SCOTT 6445 SHILOH ROAD,SUITE B ALPHARETTA GA 30005 US Title:Director(D) AVERY,KAREN 22220 WOOD RUN CT BONITA SPRINGS FL 34135 US Title:Director(D) MURGALO,JOSEPH A JR 1618 TRIANGLE PALM TERRACE NAPLES FL 34119 US Packet Page-1547- 4/9/2013 17.C. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net AFFIDAVIT"�L Jr J �tCa �< We/I, +i ti..J S�(444 V P 2'y4( /) ( )being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the inforrti'ation requested on this application must be complete and accurate and that the content of this forts, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Coleman,Yovanovich&Koester, P.A.,Waldrop Engineering, P.A. As property owner We/I further authorize SLB Consulting of SW Florida,LLC to act as our/my representative in any matters regarding this Petition. Signature 'roperty Owner Signature of Property Owner 4,,Je I,/ j . 0,ILia Typed or Printed Name of Owner Typed or Printed Name of Owner V^r' c�[L{ t7olM I (,P•.,7 The foregoing instrument was acknowledged before me this J' day of 20 (moo , by CkrZt..rtNJ Soft .)t'iY 'who is personally known to me or has produ ed as identification. - �'3 State of Florida (Signature of Not.ry Public—State of County of Collier Florida) V. C.rczko 4 .MYCOMMINOW 61640312 (Print,Type, or Stamp Commissioned %""011 ' ct2eu Name of Notary Public) n Ncia,Diecon&JotCa February 4,2011 Packet Page-1548- 4/9/2013 17.C. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)2524358 www.colliergov.net AFFIDAVIT We/d! .?^ 1l 0 L-l-Cbeing first duly sworn, depose and say that we/r ,glr+fare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, ore honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. Coleman,Yovanovich&Koester, P.A., As property owner We/further authorize Waldrop Engineering, P.A. to act as our/Y- representative' anyzatters regarding this Petition. .}Pi►� .�r V,,1 , Sigma re of Prop-rty Owner Signature of Property Owner ,.�... A. . Je vf Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing inAumenhxas acknowledged before me this /4J4 day of , 201v/ ,by j,.� }�_ Set 1c.s 1 who is personally known to me State of Florida County of r /} Fl ic, '"" Notary Public State of Florida gig 7��r Linda L Mathews 4 My Commission DD83®587 `4'0c n• Expires 01/1E12013 (Print, ype,or tamp Commissioned Name of Notary Public) February 4,2011 Packet Page-1549- 4/9/2013 17.C. EVALUATION CRITERIA PUD REZONE CONSIDERATIONS(LDC SECTION 10.02.13.B) ROYAL PALM ACADEMY PUD AMENDMENT 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. Royal Palm Academy ("Property") is a partially built-out, mixed-use project located in an area of existing and planned urban development. Via this amendment, the Applicant is proposing to reduce the approved campus acreage from 50 acres to 11 acres, and designate the temporary campus site to the east of Livingston Road as the permanent campus site. The reduced campus size is requested due to changes in market demand. The Applicant is not proposing a corresponding increase to the residential unit count, or the addition of any other uses to compensate for the decreased campus size. In terms of the surrounding development pattern, North Naples Middle School abuts the property to the north, in addition to vacant lands zoned for agricultural uses, and a CFPUD approved for a 500-seat church and pre-school. To the east are golf course and residential uses associated with the Pelican Strand community. To the south is the Madeira PUD developed with residential uses known as Delasol; RSF-3 zoned lands developed with residential and golf course uses as part of Imperial Golf Estates; and vacant lands zoned RPUD known as Marsilea Villas. Lands to the west are zoned RSF-3 and are also part of the Imperial Golf Estates community. Livingston Road, which has a 275-foot wide right-of-way, runs parallel along the eastern property line then curves to the northwest bisecting the PUD. In terms of traffic and access, the subject property has four (points) of ingress/egress via Learning Lane, Ravina Way, Entrada Avenue, and the existing driveway to Royal Palm Academy. These access points were permitted per the original PUD approval (Ord. 03-54). No additional access points are requested as part of this application. Furthermore, no additional density or intensity is requested that would impact capacity or traffic patterns along this segment of Livingston Road. Potable water and sanitary sewer services are currently provided to the project by Collier County Utilities. This amendment represents a decrease in total allowable intensity; therefore approval of this application will decrease the project's impact on public infrastructure in this area. Based upon the nature of surrounding uses, the established development pattern along Livingston Road, and the existing levels of public infrastructure to service the project, the Property is suitable for development as proposed through this application. Royal Palm Academy—PUD-A-PL2012-1225 "' Evaluation Criteria Page 1 of 4 Packet Page-1550- 4/9/2013 17.C. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not toe be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The subject property is under Unified Control by Royal Palm Academy, Inc. and Jen Florida VI, LLC as demonstrated by the Statements of Unified Control submitted with the application. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what subdistrict, policy or other provision allows the requested uses/density,and fully explaining/addressing all criteria or conditions of that subdistrict,policy or other provision.) The Applicant's request to reduce the permanent campus size and allow for its continuation in the current location will not impact the PUD's compliance with the Growth Management Plan. The subject property is located within the Urban Residential Subdistrict per the Collier County Future Land Use Map. Per the Growth Management Plan, this Subdistrict is intended for higher density residential developments and supportive uses in areas with existing or planned public infrastructure and limited environmental constraints. As outlined in the Density Rating System, the base density for the subject property is four (4) du/acre. In addition to consistency with the Urban Residential Subdistrict, the proposed PUD is consistent with the following policies of the GMP: Policy 5.2: GMP Consistency The modifications proposed through this amendment will not impact the project's consistency with the GMP. Policy 5.3:Limit Urban Sprawl The PUD represents infill development in a location with available public services, thereby limiting sprawling development patterns. Policy 5.4: Compatibility with Surrounding Uses The proposed campus area abuts the Verona Pointe community to the north and a portion of the west, which is part of the overall Royal Palm Academy PUD; Livingston Road to the south and west; and golf course uses approved as part of the Pelican Strand community to the east. The abutting residential uses are appropriately buffered per the Royal Palm Academy—PUD-A-PL2012-1225 Evaluation Criteria Page 2 of 4 Packet Page-1551- 4/9/2013 17.C. LDC,as shown on the attached PUD master plan. The temporary campus has operated in its current location since 2000 and has demonstrated compatibility with the surrounding uses. Policy 7.4: Walkability The PUD will continue to provide sidewalks throughout the development that connect to Livingston Road, in addition to recreational amenities and common open space in compliance with this policy. CONSERVATION AND COASTAL MANAGEMENT ELEMENT Policy 6.1.1: Native Vegetation Preservation Developments within Urban designated lands that are greater than 20 acres in size and outside of the Coastal High Hazard Area are required to retain 25% of the existing, on- site native vegetation. As shown on the PUD master plan and PUD document, the applicant is retaining the 39 acres of on-site native preserve required per the original zoning approval. No changes are proposed to on-site native preservation acreage; therefore,compliance with this policy will be maintained. 4. The internal and external compatibility of proposed uses,which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The residential and community facilities currently approved per Ordinance 03-54 are consistent and compatible with the surrounding development pattern. Buffer yards are proposed in accordance with the LDC to ensure internal and external compatibility, as well as unified development standards outlined in the PUD document. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As set forth in the enclosed PUD document, 30% usable, on-site open space is provided to serve future residents and students. The preservation of native vegetation is also provided for in accordance with the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The Royal Palm Academy PUD represents a logical extension of the development pattern along Livingston Road.The requisite facilities are in place to accommodate the continued build-out of this project. Royal Palm Academy—PUD-A-PL2012-1225 Evaluation Criteria Page 3 of 4 Packet Page-1552- 4/9/2013 17.C. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The Royal Palm Academy PUD is in an area with existing, urban levels of public infrastructure to accommodate the approved uses. Moreover, the proposed amendment will decrease the project's impact on infrastructure. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The Royal Palm Academy PUD conformed to all applicable regulations at the time of approval in 2003. The relocation of the campus area and minor modifications to the PUD document proposed through this application will remain consistent with the PUD regulations, LDC and GMP. Royal Palm Academy—PUD-A-PL2012-1225 Evaluation Criteria Page 4 of 4 Packet Page -1553- 4/9/2013 17.C. Co*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net APPLICATION FOR PUBLIC HEARING FOR: j AMENDMENT TO PUD (PUDA) ❑ PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE(PUDZ-A) PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) Royal Palm Academy, Inc. ADDRESS 16100 Livingston Road CITY Naples STATE FL ZIP 34110 TELEPHONE# (239) 596-9500 CELL# FAX# (239) 596-9505 E-MAIL ADDRESS: andrew @ajsrealtygroup.com : NAME OF AGENT Richard D. Yovanovich, Esq. ADDRESS 4001 Tamiami Trail North, Suite 300 CITY Naples STATE FL ZIP 34103 TELEPHONE # (239) 435-3535 CELL# FAX# (239)435-1218 E-MAIL ADDRESS: rovanovich @cyklawfirm.com NAME OF AGENT Alexis Crespo,AICP ADDRESS:28100 Bonita Grande Dr., Suite 305 CITY Bonita Springs STATE FL ZIP 34135 TELEPHONE#(239)405-7777 ext.207 CELL# (239)850-8525 FAX#(239)405-7899 EMAIL ADDRESS: alexisc Awaldropengineerinq.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. February 4,2011 Packet Page -1554- 4/9/2013 17.C. Co et County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collierclov.net • ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.coliieraov.net/Index.aspx?page=774 NAME OF HOMEOWNER ASSOCIATION: Verona Pointe Recreation Association MAILING ADDRESS 3900 Woodlake Blvd.,Suite 309 CITY Greenacres STATE FL Zip 33463 NAME OF HOMEOWNER ASSOCIATION: The Strand Master Property Owners Association MAILING ADDRESS 4501 Tamlaml Trail North,Suite 300 CITY Naples STATE FL Zip 34103 NAME OF HOMEOWNER ASSOCIATION: Milano Recreation Association MAILING ADDRESS 5801 Pelican Bay Blvd. CITY Naples STATE FL Zip 34108 NAME OF HOMEOWNER ASSOCIATION: Delasol Homeowners Association,Inc.do Integrated Property Management MAILING ADDRESS 5020 Tamiami Trail North,Suite 208 CITY Naples STATE FL Zip 34103 NAME OF HOMEOWNER ASSOCIATION: Imperial Golf Estates Homeowners Association MAILING ADDRESS 1937 Countess Court CITY Naples STATE FL ZIP 34110 February 4,2011 Packet Page-1555- 4/9/2013 17.C. 9ternty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership ROYAL PALM ACADEMY, INC. LIST OF OFFICERS ATTACHED AS EXHIBIT"A" NOT FOR PROFIT N/A JEN FLORIDA VI, LLC DISCLOSURE ATTACHED AS EXHIBIT"B" c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership February 4,2011 Packet Page-1556- 4/9/2013 17.C. 9tjrnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieraov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address February 4,2011 Packet Page-1557- 4/9/2013 17.C. CO ET Comity }7} COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieraov.net g. Date subject property acquired ® 6/28/2011 leased ❑ Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four(4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE:The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description,an engineer's certification or sealed survey may be required. Section/Township/Range 13 /48 /25 Lot: Block: Subdivision: Plat Book: Page#: Property I.D.#: 00104840003;00151440205; 00150320009; 00151280009; See Attached PUD Document, Section I 00151440108; 00150200006; Metes &Bounds Description: 00151160006; 00151400009; 00150640006; 00149960001 Size of property: ft. X ft. =Total Sq. Ft. Acres 162.7 Address/general location of subject property: 16100 Livingston Rd., Naples, FL 34110 PUD District (LDC 2.03.06): n Residential n Community Facilities n Commercial ❑ Industrial February 4,2011 Packet Page-1558- 4/9/2013 17.C. Corner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net ADJACENT ZONING AND LAND USE • Zoning Land Use N A;CFPUD Collier County Public School(North Naples Middle School);Vacant S RSF-3;RPUD;PUD Single Family Residential;Vacant E PUD Single Family Residential;Golf Course(Pelican Strand) W RSF-3 Single Family Residential(Imperial Golf Estates) Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range / / Lot: Block: Subdivision: Plat Book Page#: Property I.D. #: Metes& Bounds Description: REZONE REQUEST This application is requesting a rezone from the PUD zoning district(s)to the PUD zoning district(s). Present Use of the Property: School Campus, Residential Uses Proposed Use (or range of uses) of the property: School Campus, Residential Uses Original PUD Name:Royal Palm Academy Ordinance No.: 03-54 February 4,2011 Packet Page-1559- 4/9/2013 17.C. 9TgnY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.8) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas,traffic and access, drainage, sewer, water, and other utilities. See Attached Evaluation Criteria Narrative. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. See Attached Evaluation Criteria Narrative. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density,and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) See Attached Evaluation Criteria Narrative. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. See Attached Evaluation Criteria Narrative. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. See Attached Evaluation Criteria Narrative. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. See Attached Evaluation Criteria Narrative. 7. The ability of the subject property and of surrounding areas to accommodate expansion. See Attached Evaluation Criteria Narrative. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. See Attached Evaluation Criteria Narrative. February 4,2011 Packet Page-1560- 4/9/2013 17.C. Corer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions.You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ❑ No If so,what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge,has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑ No If so,please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) February 4,2011 Packet Page-1561- 4/9/2013 17.C. /\ • WALDROP ENGINEERING ^` CIVIL ENGINEERING&LAND DEVELOPMENT CONSULTANTS {c " 214,/ ax ,f.t fi-xb -7.zkd,�i t :o r � , { � � � -6T ..�'4.+iK , n.:?�ka.. 'r .� .. ..:"4t. - ,F .. _ M1^x+^p?✓^;'4°"4-Y � August 3, 2012 Mr.John Podczerwinsky Zoning & Land Development Review Department Community Development& Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Royal Palm Academy PUDA Traffic Impact Statement(TIS)Waiver Request Dear Mr, Podczerwinsky, Royal Palm Academy, Inc. ("Applicant") is requesting an amendment to the Royal Palm Academy PUD, originally approved per Ordinance 03-54, in order to re-designate the temporary school campus east of Livingston Road as the permanent campus location. The Applicant is not requesting additional dwelling units, modifications to the approved dwelling unit types, or an increase to the approved student population as part of this application.Therefore,the proposed amendment will not result in an increase to the project's trip generation.As such,the Applicant respectfully requests a waiver from the requirement to provide a Traffic Impact Statement. Thank you in advance for your consideration of this request. Should you require additional information or have any questions, please feel free to contact me directly at (239) 405-7777, ext. 207, or alexisc@waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. l+il Alexis V.Crespo,AICP, LEED AP Principal Planner Enclosures cc: Andrew Saluan, Royal Palm Academy, Inc. Richard Yovanovich, Esq., Coleman,Yovanovich & Koester, P.A. Sandra Bottcher, P.E.,SLB Consulting of SW Florida, LLC Royal Palm Academy—PUDA-PL2012-1225 TIS Waiver Request Page 1 of 1 Packet Page-1562- INSTR 4589978 OR 4704 PG 3173 RECORDED 7/26/2011 4:08 PM PAGES 4 4/9/2013 17.C. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc @.70 $0.70 REC $35.50 CONS $0.00 • Property Appraiser's Parcel Identification#s 00148480003;00151440108; 00151440205;00149960001;00150200006; 00150320009;00150640006;00151160006; 00151280009;&00151400009 This instrument was prepared without opinion of title by and after Recording Return to: William J.Dempsey Cheffy Passidomo P.A. 821 Fifth Avenue South Naples,Florida 34102 (239)261-9300 • fSnace above this line for=limbo) WARRANTY DEED THIS WARRANTY DEED is made the e2S day of , 2011, by Racebrook,Inc.,a Connecticut non-st i /-r� n,whose mailing address is 590 Columbus Avenue, Thornwood, New York 10 '• 'I i r. 8PtY3)1;) _ led the "Grantor," to Royal Palm Academy,Inc.,a Florida not-fo ( ' orporation, '1''•�' :ailing address is 16100 Livingston Road,Naples,Florida 34110,h er called the"Grante- : (Wherever used herein the t . tor' •: rant-."inclu e . the parties to this instrument and the heirs, legal represen • . • s • 12 d +.e successors and assigns of corporations) +_ WITNESSETH: Tha . •tor, for and in si•- . '••of the sum of One Dollar and other valuable considerations, •t whereof is here a • Olt -•ged,hereby grants,bargains, sells,aliens,remises,releases,co - -•d confirms unto ee,all that certain land situated in Collier County,Florida,viz: C-11C�� SEE ATTACHED EXHIBIT"A,"WHICH IS1NCORPORATED HEREIN BY REFERENCE TOGETHER,with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever,and that said land is free of all encumbrances,except: Taxes for the current and subsequent years;that certain Mortgage, Security Agreement,and Assignment of Rents from Grantee to Iberia Bank,successor by merger to Orion Bank,recorded in Official Records Book 3897, • Page 2167, of the Public Records of Collier County, Florida, as modified; liens, easements, covenants,and restrictions of record as of the date of this Deed;zoning and use restrictions imposed by governmental authority;and outstanding oil,gas and mineral interests of record,if any. Packet Page-1563- OR 4704 PG 3174 4/9/2013 17.C. Warranty Deed Page 2 IN WITNESS WHEREOF,the said Grantor has executed these presents on the day and year first above written. Signed,sealed and delivered • in our presence: Racebrook, Inc., a Connecticut non-stock corporation By: Ifitt)..; Witness Name: • 11. -_d y v. Print Name:St.•— .,:.n.mAuili . Title: de :i �GfV W' :3' e: 1,t Ali t5r ��ZERcow, STATE OF uJ Y 0 COUNTY OF - - 4 The foregoing i . •• • j 7•ed before me this . 6 day of • ��+� , 2011, by a• t =L'%�L� r,.fr11 r, c-r of Racebrook,Inc.,a Connec 1 on-stoc corpo on, o onally known to me or who has produced _ V2f k:c�. as ,� I am a commissioned not. • +-. ' of the State of,.,11 • Ai;U. and my commission expires It),ei4.64,1312.4)13. 11/E CIR- Atr/ NOTARY PUBLIC Name: AxeA i at [affix seal] (Type or Print) • My Commission Expires: , )ec.onj 6.2/' I1) 013. . • .*I; L ; ttr :L. r AXEL DIAZ o '- '°'°=•°°°'"'= NOTARY PUBLIC-BRONX COUNTY=;f-0';... REGISTRATION NO.02016032583 „ NNE MY COMMISSION EXPIRES 12/1312013 Packet Page -1564- OR 4704 PG 3175 4/9/2013 17.C. Warranty Deed Page 3 • EXHIBIT"A" PROPERTY LEGAL DESCRIPTION PAEL 1-A • A PARCEL Or LAND LOCATED Pi PE SWV!HALF(1/2 or room 14 TOW" 48 scot RANGE 25 EAST, COWER COUMY,RASA;BENG/TARE PARI/CULMfLr DESCRIED AS FOLLOW ' COMMERCE AT 711E SOUTHEAST Calf&Or SECDON 14 MAW 48 SOUR RANW 25 EAST; COWS?COUNTX FLORIDA: beim RUN SOUTH orear leSt ALONG DIE SOUTH LWE()FWD SECTION 14 FOR AA DISTANCE J2408 FEET 10 WE SOUDIMFST CORNER Ar DIE SOUTHEAST QUARTER or 1IIE SOUTHEAST WARIER OF SW SEC17OY 14 VOICE RUN NQRTH 0006$0'HEST;ALOVM DIE HEST LAVE Or THE Si7U7NfAST QUARTER Or THE SWPE'AST WARIER A7 SAID SECTIOY 14 FA4 A DISTANCE Or 1,3437 FEET TO THE NORPINEST CORNER OF TIE SWDIEIST WARIER OF PE=war ,,- , 1a ALSO 6E61G DIE PONT OrBEa 1WQOIFPIEP .J ,,t. ,•q.,,s,-., 77 *or-,..n,100.40,-- • nave RLIN SOUDI 8852"17"IIE Z ALCYVC. ; y,,,y',r,,', ' , , .,,,,', WARM OF DE SOUTHEAST WARIER ,A.,i 1, - DON 14 FAR A , 4,444; 1.32&07�T IV DE SW1H EST •, J t, NMI/HEST WARIER • •, PEASE WARIER OF SAID SECTION 1 7 . • ,,, avow*NES, . , , PE Sam!UNE OF PIE NCR' , - , ., ,: ARIER ; SECPAY 14 FO?A DISTANCE , 6-r 61 •• , - ,-,17,1.0F '' SOUTHEAST WART O I]�I"i.w-. �. - • I•y����a�i I�4' "•` ' u 44 DIE SOUPE;IST JER ,' J � j �., SAID sECIlAY/ ,,4•, 7714, -4 ,21.1 _ , , „ ,-,i, or .�, ar or NA7THEAST -' ,,=±RE• ',' Ate"„1,r�guii;; how! '� 4. WARIER O 4 I 1. J 7 '• 17,, TJ. {j .) 'ffT W �7 SOLID!WE Or 1440 �.Y,,_u,� ;x 1• , i .���L�r�-L,*r r�'7', E f � 7 SWPINEST CLi4NER . �,; ; ,- !� r-..�,, ; , .k,. Ar nie DE 5Jflj w WAR ' ' ,' •'J T ALCWO PE FIST LIVE or , 't{�.•�.�� j,J `, , , OF LW=MY 1.T; Ftl4 A `3`� '�" 1O DE' � � .. OF DIE NARPO ST QUARTER OF ' •i T GC/ARIER OF "��ON 1 PENCE RUN SOUP/8630'42'NEST, AL, , N Al , �i • , T WARIER Or THE SWPIEST WARIER OF ' '. , OF 1,325.22 FEET TO THE SWPINEST CC&VER Or , 1/4 Or THE SW1FIHEST 1/4 or SMD SECPAY 13; MICE RUN ROM 0075109'HEST, ALAYC DE NEST LINE Or SAND SEMEN 14 fell A DISTANCE OF 1,251.21 FEET 10 A PONT • !MOO FEET SOUTH OF DE NOTIN UNE OF DE Same HALF Or SAID zoom 1. • PENCE ILUIL PARALLEL WBill•THENORM iRE(E RE=fill HALF OF SAID. $CPAY 14 A WARM Or NOM 8857'15'EAST Fa?A DISTANCE Cr 89047162 FEET TO A POINT moo FEET SOUTH or PE NOM Lilt OF PE SOUR!HILT Or SAId SECTION 1.k PENCE RUN SOUTH 5101031•EAST FOR A DISTANCE Qr 2620 FEED ReVCE RUN SWil/5822W FIST FOR A DISTANCE Cr.0 05 FELT 10 or BECINICNO Or A TANGENTIAL CIRWIAR CURVE; =CAE NA/1P$ PENCE RUN EASlERLT; ALOYG 1HE ARC CF SAO CURIE 70 NNE LOT HANNG A RADIUS OF 184.00 FEET, THROUGH A C1111TRAL•ANGLE Of 8652'53; SUBTENDED OT A CHOW OF 25126 FEED AT A BEARING Lir NORM 7870'J6'EAST, fill A DISTANCE Cr 277.91 FEET 10 A MKT ON PRE HESIERLY RRR!T-a-wAr LIVE Or UNIVGSTAY ROAD; TWICE RUN SO UN 6051'17 EAST, ALONG liE HESIDILY RIGNT-Or-WAY LINE Ar SAID LINNCSTAY Raw,FDA?A DISTANCE OF JB.L 11 FEET; THENCE RUN • SOUP!00176'50'EAST FORA DISTANCE OF 759.16 FEET TO THE POINT Or EGINNIn COVEN=96.676 ACRES Na?E On'LESS Packet Page-1565- *** OR 4704 PG 3176 *** 4/9/2013 17.C. Warranty Deed Page 4 TOGETHER WITH: A PARCEL OF LAND LOCATED IN THE S17UT1'AST(1/4)OF SECTION 14 ro$NSNIP 48 SOUR RANCE 25 EAST, COLDER COUNTY, FLORIDA, DEW MORE PARTICULARLY DESCRIBED AS FOC LOOS' COMMENCE AT lilt SOUTHEAST CORNER OF SECTION 14 TONNSJ/ 48 SOUR4 RANGE 25 EAST, COWER COUNTY, fLORV THENCE RUN NORTH 0017473'WEST, ALONG THE EAST UHF OF SAID SECTION 14 PQR A DISTANCE OF 449.76 FEET 10 TIE POINT QE BEGINNING OF PIE'PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON RE EASTERLY RICHT-C-WAY LINE OF MOM ROAD AND THE BECK OF A TANGENTIAL A'RCULAR CURV$ CONCAVE JEST PVC(RUN NORTHERLY, ALONG THE EASTERLY RICNT-OF WAY LINE OF SAID LflINCSICY ROAD AND ALOWC THE ARC CIF SAID •,-- ,. , HAWING A RADIUS Cr 2047.33 FEET, THROUGH A •,' , %� �� .31; SUBTENDED BY A CHORD Oe 1,279.78 '�° WEST, FOR A DISTANCE OF 1,J0i sir r a,1' ' ' • RUN NORTH 001747J'WEST FO �r ��rr_ r • •.,• NORTH 5379'11' • Jr.';.•-< w, :•�, r , EAST FOR A DIST ��;4�.... � �, 1N 174'/3'WEST FOIR �. * \ A DISTANCE OF 4 �a •ii• : ip*■ r,�• i t, A, r 111E 5011TH Tbc .0„. Cf'S.410 sECT10W 1' TN F NO ! IJNE OP SAID S `- �t+04 TO THE NORTHEAST G�IRKER Or JHE ►• O'•L„ SOWN 000473'EAST, -rt ar,y , i,wz -, ..,'• A DISTANCE OF 2235.31 FEET TO 1,• r :i •,' r••,t ,V ACRES► MORE OR LESS • '- O 211E CI% Packet Page-1566- INSTR 4705057 OR 4806 PG 1557 RECORDED 6/12/2012 10:22 AM PAGES 4 4/9/2013 17.C. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 544,100.00 REC 535.50 CONS 56,300,000.00 Property Appraiser's Parcel Identification No. 00151440108;00149960001;00150200006; 00150320009;00150640006;00151160006; 00151280009;&00151400009 This instrument was prepared without opinion of title by and after Recording Return to: William J.Dempsey Cheffy Passidomo,P.A. 821 Fifth Avenue South Naples,Florida 34102 (239)261-9300 (Space above this line for rccordine data SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made the 111h day of June,2012,by Royal Palm Academy, Inc.,a Florida not-for-profit corporation, hereinafter called the"Grantor",to Jen Florida VI,LLC,a Florida limited liability company,whose post office address is 1750 West Broadway—Suite 111,Oviedo, Florida 32765,hereinafter called the"Grantee" COU (Wherever used herein the terms"G + rraanttethe parties to this instrument and the heirs,legal representatives and assi y • . dividuals,and the sum- s and assigns of corporations) WITNESSETH: That t f e G nt. and • co i eration e sum of One Dollar and other valuable considerations, receipt wh • -.A a-. • b grants, bargains, sells, aliens, remises, releases, conveys and on un i - .n - t in I.nd situated in Collier County, Florida,viz: r E,, SEE ATTACHED EXH : "A,"WHICH IS IN ;!t_'O' h EREIN BY REFERENCE. 0 TOGETHER,with all the to - : r. hereditaments and a. • ces thereto belonging or in anywise appertaining. AN TO HAVE AND TO HOLD,the same r - . orever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through,or under said Grantor,and that said land is free of all encumbrances,except taxes and assessments for the current and subsequent years; ordinances, resolutions, and zoning and use restrictions imposed by governmental authority; and restrictions, easements,and other matters described on attached Exhibit"B," which is incorporated herein by reference. Grantor has executed these presents on the day and year first above written. Signed,sealed and delivered Royal Palm Academy,Inc.,a Florida not-for- in our presence: profit corporation ..A By: If l4. It •Ittt s N- �N IINTIMPIr a William Kastroll,its President Witness Name: MILII ! i.IM.- Packet Page-1567- OR 4806 PG 1558 4/9/2013 17.C. Special Warranty Deed Page 2 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged and witnessed before me this /l day of June,2012,by William-Kastrolca—s President of Royal Palm Academy,Inc.,a Florida not-for-profit corporation,who is os pally known to me or wti has produced ,as identification. I am a comm sioned notary public of the State of .and_m commission expires .0.1%":""4„ WILLIAM JACK DEMPSEY NOTARY PUBLIC 1 Notary Public-State of Florida Name: My Comm.Expires bier B,201• (Type or Print) .04.f∎.d ' Commission•EE 1706 �R- CO� y Commission Expires: ^A:ai Bonded Through 'r �j uOhNetionelN•, i 1030:-0003 1155 0 1111 V k. Packet Page -1568- i OR 4806 PG 1559 4/9/2013 17.C. Special Warranty Deed Page 3 EXHIBIT"A" A PARCEL OF LAND LOCATED IN THE SOUTH HALF (1/2) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN SOUTH 88°47'39"WEST,ALONG THE SOUTH LINE OF SAID SECTION 13,FOR A DISTANCE OF 1,325.08 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13;THENCE RUN NORTH 00°06'50"WEST,ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1,344.37 FEET TO THE NORTHWEST CORNER OF THE SOUTHEA ' ■ ■ OF THE SOUTHEAST QUARTER OF SAID SECTION 13, ALSO BEING THE PO I. •; 1'- ,4 4 F THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SO i\8 j' '27" ' • G THE SOUTH LINE OF THE NORTHWEST QUARTER OF -•UTHEAST QUAR" r SAID SECTION 13, FOR A DISTANCE OF 1,326.07 FEET To - EST CO'NER c T'E NORTHWEST QUARTER OF THE SOUTHEAST QUARTE'. OF SA I ? • HEN R SOUTH 88°50'42" WEST, ALONG THE SOUTH LINE O' T r •_•` s. i � T E OUTHWEST QUARTER OF SAID SECTION 13, FOR A D ST ( E • - • 6 a r •O THWEST CORNER OF THE SOUTHEAST QUARTER OF • o • i E; ' • .RTE') • . '.OUTHWEST QUARTER OF SAID SECTION 13; THENCE 614 `•RT i''I 1 , „WE-` , ' Q THE WEST LINE OF THE SOUTHEAST QUARTER OF ORTHEAST QUA'�!E. R •F -1 SOUTHWEST QUARTER OF SAID SECTION 13, FOR A DIS' t E OF 673.65 FEES • "0UTHWEST CORNER OF THE NORTHEAST QUARTER OF TH: HEAST QUARTE'y'� +'•E SOUTHWEST QUARTER OF SAID SECTION 13; THENCE RUN �:rA: ' :°54'00" 4 . ONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NO7- 17 r '' . r•:110' •F THE SOUTHWEST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF .. .° - TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13, THENCE RUN SOUTH 00°12'18" EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 674.28 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE RUN SOUTH 88°50'42" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER Of THE SOUTHWEST QUARTER OF SAID SECTION 13,FOR A DISTANCE OF 1,325.22 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13;THENCE RUN NORTH 00°15'09"WEST,ALONG THE WEST LINE OF SAID SECTION 13,FOR A DISTANCE OF 1,251.21 FEET TO A POINT 100.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 13;THENCE RUN,PARALLEL WITH THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 13,A BEARING OF NORTH 88°57'15"EAST FOR A DISTANCE OF 2,900.82 FEET TO A POINT 100.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 13, THENCE RUN SOUTH 54°00'51"EAST FOR A DISTANCE OF 262.49 FEET;THENCE RUN SOUTH 58°22'58" EAST FOR A DISTANCE OF 335.05 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTH;THENCE RUN EASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A RADIUS OF 184.00 FEET,THROUGH A CENTRAL ANGLE OF 86°32'53"SUBTENDED BY A CHORD OF 252.26 FEET AT A BEARING OF NORTH 78°20'36"EAST, FOR A DISTANCE OF 277.94 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD;THENCE RUN SOUTH 60°51'17"EAST,ALONG THE WESTERLY RIGHT-OF- WAY LINE OF SAID LIVINGSTON ROAD. FOR A DISTANCE OF 383.11 FEET; THENCE RUN SOUTH 00°06'50"EAST FOR A DISTANCE OF 759.16 FEET TO THE POINT OF BEGINNING. Packet Page-1569- *** OR 4806 PG 1560 *** 4/9/2013 17.C. Special Warranty Deed Page 4 EXHIBIT`B" 1. Easement contained in Warranty Deed recorded in Official Records Book 232, Page 300, Public Records of Collier County,Florida. 2. Easement contained in Warranty Deed recorded in Official Records Book 232, Page 312, Public Records of Collier County,Florida. 3. Resolution No.86-190 recorded in Official Records Book 1222,Page 995,Public Records of Collier County,Florida. 4. Terms and conditions of the Amended and Restated Entrance Road Easement Agreement recorded in Official Records Book 4806 ,Page 1542 ,Public Records of Collier County,Florida. 5. Environmental Resource Permit Notice recorded in Official Records Book 3541,Page 1432,Public Records of Collier County,Florida. 6. Ingress, Egress and Access Easement • - Ucial Records Book 4414, Page 1675,of the Public Records of Collier Coun •CO 7. By acceptance of this Deed,G •t tt . es on beha . Ii -nd its successors and/or assigns that it shall not use the herein-des tied roperty for any private. • b'c school use,or any educational use, for so long as the prope , is s •j • - terms of e Roy. Pa , International Academy Planned Unit Development Ord' an.- a•`. • • Co e Coun • 0 inance No. 03-54 (the "PUD Ordinance"),as said PU. O r •- • • • ' .7 to ''me. The terms ofthis restrictive covenant shall run wit 1 tit • th- • ••• i .. • ; r g on nd inure to the benefit of the successors and/or assi, n r ■ • n .S.respect ely 4 :ntor may exercise any remedy available at law or in eq e orce t i- oregot restFi- we : ant,and the prevailing party in any action to interpret or-R6o a the restrictive cove .••t s ,-.11 .,- - itled to recover its attorney's fees and costs,including those -**Tt ed on appeal. ''►` �Q O�41E C IRC�1� Packet Page-1570- 4/9/2013 17.C. '1, rum Co en County It COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coliiergov.net PRE-APPLICATION MEETING NOTES • ❑ PUD Rezone (PUDZ) PUD to PUD Rezone (PUDZ-A) ❑ PUD Amendment (PUDA) PL# 2C:12.17.25 2 Date: b. ,1,2• Timer-c4=1 Firm:jelAct Project Name: hL7"(AL Y Size of Project Site: acres Applicant Name: r` S Phone: ,` `7 1 Owner Name: Phone: Owner Address: City State ZIP Existing PUD Name and Number L P14J'4 Assigned Planner1 `it- Meeting Attendees: (attach Sign-In sheet) Meeting Notes 1.01hp Plahnin : I'Jo appar .l- FLuE/C•iP issocc. (11e4) _ I/`r. . . . - L. PLO 1-5 red 1, - . 4-Liz r e S erj e & -1-v +IAA. Irn n ;mom (?L);fr.i. ¢ LA , fl:eSen,c 4.fre,c) 4 .sit C4,/ec44 I r ` .4.0 POO S G.fir c Gc en V; r or wh.-1-di t PODS,3 Le cj L pC. se cJ,4. //,. Cad - pc,( I( „1ti G(.'C do ,, ,-1-141,J CjJd 7c) kit) S c� S UT, /cle✓ p /°&5e S ✓h/r. !fie Sur p/C�l /00 U`) 4.e_e. Arvid e in � �,r����.e ev4144,4," 6 -P r c e L k 15 5 t61I C0115 5-10") 1-, u� �' S Y e �'�� �� CYO�eY�4 JUNE 2011 Packet Page -1571- 4/9/2013 17.C. Additional Notes: SI6 - 9t9 Ives 2,1 4,.r14 Awe ti .4 • • • • Packet Page-1572- 4/9/2013 17.C. CoLier CoHnty ■ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coiliergov.net SCHOOL CONCURRENCY- For information regarding the school concurrency application process, please contact the School District of Collier County-Students, Staff Projections,Allocations and Reporting Department at 239-377-0254. PUD REZONE(PUDZ) PUD to PUD REZONE(PUDZ-A) PUD AMENDMENT(PUDA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMIrIED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER S1TI ETS ATTACH) D TO EACH SECTION. NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF REQUIRED NOT ��!�L �j W COPIES REQUIRE ! :+F 0 7n 5,4 2 L ukv M .r-,x u WIae 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary _ ` Completed Application(download from website for current form) Xs PUD Document&Conceptual Site Plan 24"x 36"and One 8 V2" x ai 11"copy Revised Conceptual Site Plan 24"x 36"and One 81/2" x 11"copy i x Original PUD document and Master PIan 24"x 36" ONLY IF AMENDING THE PUD X Revised PUD document with changes crossed thru&underlined ❑ Revised PUD document w/amended Title page w/ord#`s,LDC [! + 10.02.13.A.2 Deeds/Legal's&Survey(if boundary of original PUD is amended) 3 List identifying Owner&all parties of corporation 2 Owner/Affidavit signed&notarized 2 Covenant of Unified Control 2 ? .. Completed Addressing checklist 2 K Environmental Impact Statement(EIS) * or exemption justification 2 Digital/electronic copy of EIS (copy for Planner&Environmental) 2 �/ Historical Survey or waiver request 4 / Utility Provisions Statement w/sketches 4 Architectural rendering of proposed structures 4 Survey,signed&sealed 4 Traffic Impact Statement cflS)o waiver th applicable fees) 7 Copy of Traffic Impact Statement on CDROM 3 >( Aerial photographs (taken within the previous 12 months min. scaled 1"=200'),showing FLUCCS Codes,Legend, and project boundary 5 .\ JUNE 2011 • Packet Page-1573- 4/9/2013 17.C. Cotter COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net Electronic copy of all documents in Word format and plans(CDRom 1 or Diskette) Justification/Rationale for the Deviations(must be on a separate ❑ sheet within the application material;DO NOT include it in the PUD )(J documents) Copies of Official Interpretations and/or Zoning Verifications 1 School Impact Analysis alysis Application(residential components) 2 1 set for School District(residential components) 0 Affordable Housing or Economic Development Council Projects: EDC"Fast Track"must submit approved copy of official application 2 ❑Affordable Housing"Expedited"must submit copy of signed Certificate of Agreement. **If project includes an Affordable Housing component,you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239-252-2273. ❑ Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Agreement# ❑Deltona ❑Lely Barefoot Beach ❑Port of the Islands Interlocal Route package to: The Conservancy,Attn:Nichole Ryan 1450 Merrihue Dr.,Naples,FL 34102 El If located in RFMU(Rural Fringe Mixed Use)Receiving Land Areas Applicant must contact Mr. Gerry J.Lacavera, State of Florida Division of Forestry(4)239-690-3500 for information regarding "Wildfire Mitigation&Prevention Plan",LDC Section 2.03.08.A.2.a.(b)i.c. ❑ If located within'/mile of City of Naples, send copy of submittal package to: Robin Singer,Planning Director City of Naples, 295 Riverside Circle, Naples, FL 34102 Asift JUNE 2011 Packet Page-1574- 4/9/2013 17.C. Coffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.collieraov.net PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL DISTRICT(residential PARKS&REC-VICKY AHMAD components)Amy Taylor SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEINER ■ DISTRICT R/EM1-EMER.MGMT-Dan UTILITIES ENGINEERING: PAULO TN Summers MARTINS OF NAPLES,Robin Singer, BAYSHORE/GATEWAY TRIANGLE Planning Director REDEVELOPMENT Executive Director - CONSERVANCY,Nichole Ryan )( FIRE REVIEW: RICCO LONGO EMS-ARTIE BAY si( ENGINEERING:JACK MCKENNA N( TRANS.PATHWAYS:ALISON COMP PUNNING: (SEE SIGN-IN ff�v BRADFORD SHEET FROM PRE APP MEETING) ENVIRONMENTAL:SEE SIGN-IN SHEET FROM PRE APP MEETING) Fees Application Fee: ❑$10,000(PUD Rezone)+$25 per acre(or fraction of thereof) ❑$8,000(PUD to PUD)+$25 per acre(or fraction thereof) ❑ $6,000 (PUD Amendment)+$25 per acre(or fraction of an acre) ® Fire Code Review-New PUD Rezone$150,PUD to PUD Rezone$125,PUD Amendment$125 ® $2,250.00 Comprehensive Planning Consistency Review ® $500.00 Pre-application fee(Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting(advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). a a 1 e ", , oum Y Y,1 111 /., r..' 1■ - • C fee ��� ❑ $1000.00 Listed or Protected Species survey review fee(when an EIS is not required) v-(--�5 ❑ Property Owner Notification fees.Property Owner Notifications$1.50 Non-certified; $3.00 Certified return receipt mail(to be paid after receipt of invoice from Dept. of Zoning& Development Review) Attach a Separate Check for Transportation Fees,(Refer to Exhibit A): ❑ $500.00 Methodology Review Fee,if required*Additional Fees to be determined at Methodology Meeting. Fee Total$ JUNE 2011 Packet Page-1575- 4/9/2013 17.C. Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood informational Meeting (NIM) after Initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. • l Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners,condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Land Development Services Department and the Office of the Board of County Commissioners no less than ten(10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location,time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven(7) days prior to, but no sooner than five(5)days before,the NIM. The Collier County staff planner assigned to the protect must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. • The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Land Development Services Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Land Development Services Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer(specify name)at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the • recording requirements of Chapter 695,FS.A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. JUNE 2011 Packet Page -1576- i 4/9/2013 17.C. t 15 C c om �., ... c 0 u to c en N °oso c o c e ; " U' W U G -. v a CD �� c V C C VJ• W Ill � c 2 E " ma) 0. IL N -ay r t 3 al sa .mac ccg a) ca �. U D. .� c C ' W L c � E'° ° Ell0) E0. � cn •- •� Li 4 L � , . (-- r- ' Oo ul N 01.15 ) c71- V- f` oc- oe- 00000 k N L� r �r� 0) NCDO � � N0in - O) e- c 0) ,- e N cOro3 et0) 0) fococoNW .4- u, Z (0 t"(`� cr. l I Co u7Nu) NNNtoNtoI000ou7 W (0 4n N NNNNNCVNI� NCVNCVNN Z I C: OA i 1,() 00to00 «> �.C) CDu) 000toto O N NNNNNNNCONNNNNN = r4 (a N M a ii EL L 0 y. c m E c E .5.- CD f a) 1 c, a co = a > ce - N c ° W •- _ co c d co C I cp p @ .) S N rsj 0.) _ m c ° a G) c v a) , c E a) Cl- co CO c ..r co 0 a) Q.c a) c Ll. v N / C -- :E.; w•5 45 .IIU •8, c c cs E • 3- • a A Cu c 0 +. :� c -c N c R co U C _I m -,� Q. W � » W _ QILWI- � WQW �' A- `�s- d ,::11, Y e t a 1 W -se t i4 W U a_ c �- c U _ 'F 1.1 Q ri ° Cu • � Q c! W 2 Z L o S v co � = c ° = gym = p a c, ° ° _ t'iI— I— 5 get ° U aUi ft � 4 ° ° c .0- .2" ca > Z c 5 a. al 1W (4 ° m cr' O 'c •7 „,a)>' 8x c -os •O 5 m en G1 y [Q m .0 c6 m V U L ++ y ti 12 o. a. 2 0000t8.o000lim St.a. 0 J �� 0 Packet Page-1577- 4/9/2013 17.C. T6.,---c- + `._ °a 1i7t :,......., 6. u; 4 V6t1 ti -} ..: - f ! 1". 42 A �� 6 W • n t\z N in co 0 1 .. W N n CI ‘' O r..e N V 0 lg Cr' > O 1 z Z d I- Q v w 3 ` mil d co . o .=W i H cf., cn W �'i y a . _ a, . Y c d t c U Ili 3 "6 ...) r e\ d V m d W a. ■4 L. c ,... e. -g, . . . L.L., is (4,..s,s..) . ,...). , 0 Packet Page-1578- • 4/9/2013 17.C. 14AR/26/2012/ER 04:05 PI[ Waldrop Engineering FAX No, 239 405 7899 P. 001 . li:Y Ca;KVr�y COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWN MANAGEMENT DIVISION! NAPLES,FLORIDA =4104 PLANNING AND REGULATION (239)2622400 FAX (239)282.5724 WWW.COEWERGOV NET •• I • ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be sinned by Addres5.aersonnei prior to ore- aoeiicatian meeting.Dleaseaitow 3 cave fotoroeeseint. Not all Items will apply to every project. Items in bold type are required.FOLIO NUMBERS MUST BE PROVIDED. Forms older than 8 months will require additional review and approval by the Addressing Department PETITION TYPE(Indicate type below,complete a separate Addressing Checcst foreach Petition type) ❑ EL,(Blasting Permit) ❑ SDP(Site Development Plan) ❑ ED(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(insubstantial Change to SDP) ❑ CU(Conditional Use) SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) [ S)PI(Insubstantial Change to SIP) [] FP(Final Plat ❑ SNR(Street Name Change) LLA(Lot Line Adjustment) ❑❑ SNC(Street Name Change—Unplatted) PNC(Project Name Change) TDR(Transfer of Development Rights) PPL(Plans&Plat Review) • ❑ VA(Variance) ❑ PSP(Preliminary Subcvision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone VRSFP(Vegetation Removal&Site F91 Permit) ❑ RZ(Standard Rezone) IUI OTHER, LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) See attached 4- — P izc""_. tlo�- i„ '62A Ce4 r&7 4-49 FOLIO(Property ID)NU MBER(s)of above(attach fo, or dssocIate with,legal description If mare then one) 00150320009, 00151280009, 00151440108, 00150200006,00151400009,00151160006 BOO 46l64 STREET ADDRESS or ADDRESSES(es applicable.>Yalready assigned) no site address • • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(ifappOcable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sltes only) SDP - or AR or PL Packet Page-1579- sow . 4/9/2013 17.C.co cu lumu r �U7 waldro p Engine4rinj to;'2 135 r P. D02 Cta r county COWER COUNTY GOVERNMENT 2300 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION NAPLES,2400 F FLORIDA (239) (239)25.2-2400 FAX (239)252.6724 OLLIERG /. Project or development names proposed for,or already Indicate whether proposed or existing) appearing In,condominiwn doocttnenq C�application; Part of Royal Palm Academy PUD Please Check One: ® Chet:Viet is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: Jeremy Arnold,PE PHONE 239.405.7777 FAX 239,405,7899 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department FOR STAFF USE ONLY FLN Number(Primary) 9 00 ©(g I t I V.e0 0 0`P Folio Number Q ` 1 8C�C1,� ``'' �t , 00150 ea)4 Q Cci 6 Folio Number(01!1 l ) 4 L.Gt'1 tf1 Folio Nam ber 41,C:1150 » OOtStt-1OcxOQ — Approved by GD,d e'`_�,.Q/111 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page-1580- 4/9/2013 17.C. • ROYAL PALM ACADEMY PLANNED UNIT DEVELOPMENT 162±Acres Located in Section 13,Township 48 South, Range 25 East Collier County,Florida PREPARED FOR: Naples Education, Incorporated 6000 Livingston Road Naples, FL 34110 And Royal Palm Academy, Incorporated PREPARED BY: Richard D. Yovanovich,Esq. Goodlette,Coleman&Johnson 4001 Tamiami Trail North,Suite 300 Naples, Florida 34103 And D. Wayne Arnold, AICP Q. Grady Minor& Associates 3800 Via del Rey Bonita Springs, Fl 34134 DATE FILED DATE APPROVED BY CPCC DATE APPROVED BY BCC 9/23/03 ORDINANCE NUMBER 03-5 4 EXHIBIT"A" -Packet Page-1581- _- 4/9/2013 17.C. • TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE SECTION I LEGAL DESCRIPTION,PROPERTY I-1 OWNERSHIP AND GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT II-1 SECTION III CAMPUS AREA ID-1 SECTION IV RESIDENTIAL AREA IV-1 SECTION V PRESERVE AREA V-I SECTION VI DEVELOPMENT COMMITMENTS VI-1 EXHIBIT A PUD MASTER PLAN EXHIBIT B SURFACE WATER MANAGEMENT PLAN • 9/19/03 Packet Page-1582- 4/9/2013 17.C. STATEMENT OF COMPLIANCE Royal Palm Academy, Inc., referred to as Royal Palm Academy or the Developer,,intends to create a Planned Unit Development on approximately 162.7 acres of land located in Section 13, Township 48 South, Range 25 East, Collier County, Florida. The name of the Planned Unit Development (PUD) shall be Royal Palm Academy PUD. The development of the Royal Palm Academy PUD will be in compliance with the planning goals and objectives of Collier County as established in the Growth Management Plan. The development will be consistent with the policies of the land development regulations adopted under the Growth Management Plan and applicable regulations for the following reasons: 1. The subject property is located within the Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map. 2. The density provided for in the Royal Palm Academy PUD complies with the Future Land Use Element (FLUE) of the Growth Management Plan, since the density of 3.4 dwelling units per acre does not exceed the base density of 4 dwelling units per acre and the site is not eligible for bonuses or subject to reductions. In addition, the Urban designation allows for a variety of community facilities, such as schools. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with the applicable land development regulations as required in Objective 3 of the FLUE, except as may be modified in this PUD document 5. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance as required in Objective 2 of the FLUE. 6. The design of Royal Palm Academy PUD protects the function of the existing drainage features and natural groundwater aquifer recharge areas as required in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. This project shall be subject to applicable Sections of the Land Development Code (LDC) and Growth Management Plan at the time of development order approval, except as otherwise provided herein. 9/19/03 iii — Packet Page-1583- 4/9/2013 17.C. SECTION LEGAL DESCRIPTION,PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE Section I sets forth the location and ownership of the property, and describes the existing conditions of the property proposed to be developed under the project name Royal Palm Academy PUD. 1.2 LEGAL DESCRIPTION The subject property being.162.7 acres more or less,is described as: PARCEL 1-A A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 13;THENCE RUN S 88°51'53"W, , ALONG THE SOUTH LINE OF SAID SECTION 13,FOR A DISTANCE OF 1325.25 FEET;THENCE RUN N 00°06'21" W FOR, A DISTANCE OF 1342.12 FEET TO THE POINT OF BEGINNING; THENCE RUN S 88°5115" W, FOR A DISTANCE OF 1988.19 FEET;THENCE N 00°11'06" W,FOR A DISTANCE OF 673.98 FEET;THENCE RUN S 88°54'24"W,FOR A DISTANCE OF 663.00 FEET;THENCE RUN S 00°12'24" E,FOR A DISTANCE OF 674.52 FEET;THENCE S 88°51'35"W, FOR A DISTANCE OF 1325.51 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 13; THENCE N 00°15'00" W, ALONG THE WEST LINE OF SAID SECTION 13, FOR A DISTANCE OF 1251.18 FEET; THENCE RUN N 88°57'12" E, FOR A DISTANCE OF 2900.77 FEET;THENCE RUN S 54°00'51"E,FOR A DISTANCE OF 262.56 FEET;THENCE RUN S 58°22'58" E, FOR A DISTANCE OF 335.05 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 184.00 FEET, THROUGH A CENTRAL ANGLE OF 86°33'16",SUBTENDED BY A CHORD OF 252.27 FEET AT A BEARING OF N 78°20'24" E,FOR AN ARC LENGTH OF 277.96 FEET TO THE END OF SAID CURVE AND A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD;THENCE RUN S 60°51'19" E,FOR A DISTANCE OF 383.11 FEET;THENCE RUN S 00°0671"E,FOR A DISTANCE OF 759.51 FEET TO THE POINT OF BEGINNING.CONTAINING 96.705 ACRES,MORE OR LESS. AND PARCEL 1-B A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 9/19/03 I-1 • Packet Page-1584- 4/9/2013 17.C. 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 in 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°4704", 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°5712" W, ALONG THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 13, FOR A DISTANCE OF 189.98 FEET TO THE POINT OF BEGINNING;THENCE RUN S 00°0T40"W,FOR A DISTANCE OF 42.69 FEET;THENCE RUN S 33°36'24" W, FOR A DISTANCE OF 378.62 FEET; THENCE RUN S 00°04'15" E, FOR A DISTANCE OF 658.59 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD,THE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST WHOSE RADIUS POINT BEARS S 53°30'13" W, A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE 9/19/03 1-2 Packet Page-1585- _ _... 4/9/2013 17.C. LEFT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 24°21'31", SUBTENDED BY A CHORD OF 863.87 FEET AT A BEARING OF N 48°40'33" W, FOR AN ARC LENGTH OF 870.41 FEET TO THE END OF SAID CURVE;THENCE RUN N 60°51'19" W. FOR A DISTANCE OF 774.19 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST;THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 1772.36 FEET,THROUGH A CENTRAL ANGLE OF 2°32'47", SUBTENDED BY A CHORD OF 78.76 FEET AT A BEARING OF N 59°34'55"W,FOR AN ARC LENGTH OF 78.77 FEET TO THE END OF SAID CURVE,THE SAME BEING A POINT ON THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 13; THENCE RUN N 88°57'12" E, ALONG SAID NORTH LINE,FOR A DISTANCE OF 1601.90 FEET TO THE POINT OF BEGINNING, CONTAINING 14.772 ACRES,MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The property is currently owned by Naples Education, Inc., and Royal Palm Academy, Inc. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project is located in Section 13, Township 48 South, Range 25 East and is generally bordered on the north by Agriculturally zoned land that is undeveloped, on the east by Livingston Road; on the south by Madeira PUD and Imperial Golf Estates zoned RSF-3 and undeveloped land zoned RSF-3 and Agriculture, and on the west by Imperial Golf Estates zoned RSF-3. A 235 to 260 foot wide FPL easement overlaps the property along its eastern boundary. Livingston Road, which has a 275-foot wide right-of-way, runs parallel along the eastern property line then curves to the northwest bisecting the PUD. B. The zoning classification of the subject property at the time of PUD application is Agriculture (A) with portions having a Special Treatment (ST) overlay. A conditional use approval for the existing Royal Palm Academy has also been authorized. C. Site elevations range from 10.6 to 13.8 FT, NGVD. According to FEMA/FIRM Map Panel Number 120067 0195 D, dated June 3, 1986, the property is located within Zone X. D. Soils on the site generally include Hallandale fine sand and Boca, Rivera, Limestone Substratum and Copeland fine sand depressional. E. Existing vegetation on the site consists of melaleuca, Brazilian Pepper, palmetto prairie, pine flatw000d, cypress, Cabbage Palm and disturbed lands. Wetland areas have been heavily impacted by melaleuca. F. According to the Collier County Drainage Atlas, the site is located in the Cocohatchee River Basin. The northern portion of the•site is located in the Imperial Drainage Outlet Sub-Basin; the southern portion of the site is located in 9/19/03 I-3 Packet Page-1586- - - _— 4/9/2013 17.C. the Palm River Canal Sub-Basin. The conceptual water management plan is depicted in the Surface Water Management Report which accompanied the rezone application submittal. 1.5 SHORT TITLE This Ordinance is known and cited as the "Royal Palm Academy Planned Unit Development Ordinance". • 9/19/03 I-4 -•Packet Page-1587- -------• --- - ---------- 4/9/2013 17.C. • SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE Section II delineates and generally describes the plan of development and identifies relationships to applicable County ordinances,policies,and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT •A. Royal Palm Academy PUD is a mixed-use project and will consist of four development parcels and multiple preservation areas. Categories of land uses include those for educational campus, residential and preserve areas. The main portion of the school campus will be located in the center of the property west of Livingston Road. The Residential areas are designed to accommodate a variety of housing types. The overall project density is approximately 3.4 dwelling units per acre and the maximum units permitted in the PUD shall be 550 units. B. Exhibit A depicts the PUD Master Plan. The PUD Master Plan includes a table that summarizes land use acreage. The location, size and configuration of individual tracts shall be determined at the time of preliminary and final subdivision plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Royal Palm Academy PUD shall be in accordance with the contents of this Document, Planned Unit Development District and other applicable sections and parts of the Collier County LDC and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. Unless modified, waived or excepted from this PUD Document or associated exhibits, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. 9/19/03 II-1 _Packet Page-1588- 4/9/2013 17.C. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the LDC. 2.4 LAND USES A. Land uses are generally depicted on the PUD Master Plan, Exhibit A. The specific location and size of individual tracts and the assignment of square footage or units shall be determined by the developer at the time of site development plan approval,preliminary subdivision plat approval, or final subdivision plat approval subject to the provisions of Section 2.7.3.5 of the Collier County LDC. B. Infrastructure, not including roads, located internal to the PUD may be either public, private or a combination of public and private, depending on location, design and purpose. Roads internal to the education campus shall be private. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise approved during subdivision approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. 2.5 LAKE SITING A. Lakes have been preliminary sited on the PUD Master Plan and are subject to change based upon final surface water management permitting by the South Florida Water Management District, and site plan design criteria. Fill material from lakes is planned to be utilized within the PUD; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the Developer wishes to remove additional fill from the site, a commercial excavation permit shall be required. B. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County Staff at time of final construction plan approval: 1. Lakes (control elevation) shall be setback a minimum of thirty (30) feet from the right-of-way of Livingston Road and perimeter property lines. except that the lake located within the 38± acre preserve area may be located twenty(20)feet from the northern perimeter property line. • 9/19/03 II-2 Packet Page-1589- +_ . �_..... 4/9/2013 17.C. 2.6 USE OF RIGHTS-OF-WAY The Developer may utilize land within the rights-of-way within the PUD for landscaping, decorative entranceways, and unified signage. This utilization is subject to review and administrative approval during the development review process by the Community Development and Environmental Services Administrator for engineering and safety considerations. 2.7 MODEL HOMES SALES OFFICE AND CONSTRUCTION OFFICE A. Model Homes Sales offices, construction offices, temporary school offices, and other uses and structures related to the promotion and sale of real estate or the school such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout the Royal Palm Academy PUD. These uses shall be subject to the requirements of Sections 2.6.33.and Division 3.3 of the LDC. B. Model Homes may be permitted in multi-family and townhome buildings. Up to one 8-unit building per phase may be utilized for wet or dry models, subject to the time frames specified in Section 2.6.33 of the LDC. 2.8 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application pursuant to Subsection 2.7.3.5.6 of the LDC. 2.9 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the development parcels may be accomplished in phases to correspond with the planned development of the property. 2.10 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS A minimum of 30% of the project shall be devoted to usable open space. A minimum of 25% of the on-site native vegetation shall be retained,consistent with Section 3.9.5.5.3 of the LDC as conceptually shown as preserve areas on the Exhibit "A", Conceptual PUD Master Plan. In conjunction with the residential phase(s) of construction, a minimum of four (4) ± acres of preserve area shall be shown on the applicable SDP or plat for that residential component lying west of Livingston Road. 9/19/03 II-3 Packet Page-1590- _. _ 4/9/2013 17.C. 2.11 COMMON AREA MAINTENANCE One or more property owner's associations (POA) will provide most common area maintenance. The POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving Royal Palm Academy PUD, in accordance with any applicable permits from the South Florida Water Management District. 2.12 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. 1. Individual Projects a) Site Planning: Each distinct project within the PUD will provide an aesthetically appealing, identifiable path of entry for pedestrians and vehicles. The orientation of buildings and structures will be sensitive to adjacent land uses and the surrounding community. b) Landscaping: Where applicable, plantings along public rights-of way will be complimentary to streetscape landscaping. 2.13 LANDSCAPE BUrr±RS,BERMS, FENCES AND WALLS A. Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the PUD. B. The maximum fence, wall or berm height internal to the PUD shall be eight (8) feet, not including those portions of walls incorporated into project identification signs. The maximum fence height shall be measured relative to the greater of the crown of the adjacent roadway or the adjacent minimum finished floor, as applicable. C. Perimeter Buffers shall maintain a minimum 50% of the required buffer width as a vegetative planting shelf (maximum. 10:1 slope) and return to grade.shall be permitted at a 3:1 slope, or a maximum 2:1 slope when planted with native grasses (at 3 feet on center). 2.14 SIGNAGE A. GENERAL Signage shall be consistent with the LDC except as provided below: 9/19/03 11-4 Packet Page-1591- --- 4/9/2013 17.C. 1. Each platted parcel shall be considered a separate parcel of land. 2. Signs and decorative landscaped entrance features within a County dedicated right-of-way shall require a right-of-way permit subject to the review and approval of the County. 3. All signs shall be located so as not to cause sight line obstructions. 4. The Royal Palm Academy shall be permitted one off-site ground sign which may be located within the Collier County Public Schools access roadway and shall be no greater than 60 square feet in area. B: PROJECT ENTRY SIGNS • 1. Two ground or wall-mount entrance signs maybe located at each project entrance on Livingston Road including both sides of the entrance right-of- way and in the entry median. Such signs may contain only the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 80 square feet and the total sign face area of Entrance Signs may not exceed 160 square feet. The sign face area shall 0.$4.not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet; a deviation from 10 feet as required by Section 2.5.5.1.1.2.of the LDC. 4. Entrance signs may not exceed a height of 8 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. C. ON-PREMISES SIGNS 1. A maximum of two residential and community facilities entrance signs may be located at each subdivision entrance including both sides of the entrance street and within the entry median. Setbacks from internal road right-of-way shall be zero feet(0 feet) a deviation from 10 feet as required by Section 2.5.5.1.1.2.of the LDC. Such signs may be used to identify the location of neighborhoods,clubhouse,recreational areas and other features within the residential property. Individual signs shall be a maximum of 80 square feet per sign face area. Such signs shall have a maximum height of 8 feet. 9/19/03 II-g —Packet Page-1592- 4/9/2013 17.C. 2. The education campus area shall be permitted on-premises directional signage without restriction to number of signs to facilitate on-site pedestrian and vehicular movement, unless the signage is visible from any public right-of-way in which case said signage shall be in compliance with Division 2.5 of the LDC. D. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. shall be designed to reflect a common architectural theme, in accordance with Subsection 3.2.8.3.19. of the LDC. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. B. The Developer shall construct a minimum five (5) foot wide sidewalk from Livingston Road to the project entry, along the south side of the Collier County Public Schools access road. C. The following substitutions are requested: 1. Subsection 3.2.8.3.17 of the LDC, Sidewalks,bike lanes and bike paths a. Sidewalks shall be provided throughout the campus area to provide pedestrian links between campus uses. The location of sidewalks within the campus area shall be shown on the final site development plan. b. A 5-foot wide sidewalk shall be provided on one side of each residential street. 2. Subsection 3.2.8.4.16. of the LDC, Streets and access improvements a. Subsection 3.2.8.4.16.5 of the LDC,Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet, a deviation from the 60 foot width required.by Appendix B of the LDC, Typical Street Sections. Drive aisles serving multi-family tracts shall not be required to meet this standard. Streets and drive aisles shall meet applicable NFPA criteria. 9/19/03 11-6 Packet Page-1593- 4/9/2013 17.C. b. Subsection 3.2.8.4.16.6 of the LDC,Dead-end Streets • Cul-de-sacs may exceed a length of one thousand(1,000) feet. c. Subsection 3.2.8.4.16.8,Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty-five (25) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 3. Subsection 3.2.8.3.6 (b) 3 of the LDC, Vegetation Removal and Site Filling Permits Vegetation Removal and site clearing: the developer may clear and fill the entirety of each phase of an approved final site plan or plat, in conjunction with infrastructure improvement, not to exceed a maximum of 25 acres per phase. 2.16 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Royal Palm Academy PUD except in the Preserve Areas. General permitted uses are those uses that generally serve the entire PUD or distinct projects there within. B. General Permitted Uses: 1. Essential services as set forth under LDC,Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses,and access control structures. 5. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, subject to a Temporary Use Permit. 6. Landscape features including, but not limited to, landscape buffers,berms, fences and walls subject to the standards set forth in Section 2.13 of this document. 7. Signage. 9/19/03 11-7 Packet Page-1594- - —— 4/9/2013 17.C. SECTION III CAMPUS "C"DEVELOPMENT AREA 3.1 PURPOSE Section III establishes permitted uses and development regulations for areas within the Royal Palm Academy PUD that are designated Campus"C"on the PUD Master Plan. 3.2 GENERAL DESCRIPTION A. Areas designated as "C" on the PUD Master Plan occupy 50± acres and are designed to accommodate a full range of educational, social, religious and recreational opportunities for students from pre-kindergarten through high school. Student population is estimated at 1,250 students. 3.3 PERMr'I-IED USES AND STRUCTURES A. Principal Uses and Structures 1. Schools, Private(Pre-K through grade 12) 2. Administrative Offices 3. Chapel—incidental to private school function 4. Rectory 5. Cafeteria and food services 6. Residential dwellings, consistent with Section IV of this PUD 7. Recreational Uses, including but not limited to gymnasiums, tennis courts, basketball courts,natatorium, playgrounds and athletic fields. B. Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this PUD including but not limited to miscellaneous recreational uses, architectural features, and on-site housing for teachers and staff. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: None required. B. Minimum Lot Width: None required. 9/19/03 III-1 Packet Page -1595-. 4/9/2013 17.C. C. Minimum Yard Requirements: 1. Front Yard, internal roadways or drives: Five (5)Feet 2. From Livingston Road ROW: Thirty(30)Feet 3. From Collier County Public Schools access road: Thirty(30)Feet 4. From PUD Perimeter: Thirty(30) Feet 5. From Preserve Boundaries: Principal Structure Twenty-five (25)"feet Accessory Structure Ten(10)feet Twenty-five(25)foot minimum principal structure setback,may be reduced to an absolute minimum of twenty(20)feet to protect native vegetation as approved during the platting and/or SDP process, D. Maximum Building Height: Fifty (50) feet except for attached steeples, spires, cupolas or related architectural features, which may be a maximum of seventy five(75) feet. E. Required Parking: 1. Parking for all permitted uses in the campus area shall be provided based on the following standards: a. School Pre K thru ( grade 8)—5 spaces per 4 faculty members. b. School (grade 9 thru grade 12)— 1 space per faculty member,plus 1 space per 5 students. c. No additional parking shall be required for outdoor recreational facilities, administrative offices, chapel, and other permitted uses in the Campus Area. 2 Up to 20 percent of the required parking or up to 70 percent of the parking exceeding the minimum requirements of this Section may be surfaced with grass or lawn with a stabilized subgrade. 9/19/03 111-2 Packet Page-1596- 4/9/2013 17.C. • 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 PIan or Preliminary Subdivision Plat approvals in accordance with the Collier County LDC. Areas designated as "R" accommodate internal roadways, open space, parks and amenity areas, lakes and water management facilities, and other similar facilities that are accessory or customary to residential development. B. Areas designated as "R" are intended to provide a maximum of 550 dwelling units. 4.3 PERMTI ibD USES AND STRUCTURES A. Principal Uses and Structures 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. 6. The existing school campus shall be relocated to the area designated Campus "C" on the conceptual master plan, concurrent with phases of construction and building completion of the 2"d classroom building. B. Accessory Uses and Structures 1. Common area recreational facilities. 2. Gatehouses. 3. Temporary sales facilities. 4. Uses and structures that are accessory and incidental to uses permitted in this area. 9/19/03 [V- Packet Page-1597- 4/9/2013 17.C. 4.4 DEVELOPMENT STANDARDS • A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Required Parking: Parking within the residential area shall be provided based on the following standards: 1. Single-family house, townhouse, multi-family dwelling unit — 2 spaces per unit. 2. Recreation Facilities — 2 spaces per court, 1 per 600 square feet of building area, 1 per 200 square feet of pool water area. No additional parking spaces shall be required for outdoor playground facilities. Up to 10 parking spaces per recreational.facility may be directly loaded off a private roadway serving the recreational area. 3. Temporary Model Sales Facility — minimum 6 parking spaces per building. Parking for models or temporary sales facilities shall be permitted to back directly onto private roadways serving the units. C. Standards for parking, landscaping, signs and other land uses where such ;. standards are not specified herein or within the Royal Palm Academy PUD, shall be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during the site development plan approval as set forth in Division 3.3. of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. • 9/19/03 IV-2 Packet Page-1598- i 4/9/2013 17.C. TABLE I ROYAL PALM ACADEMY DEVELOPMENT STANDARDS FOR "R"RESIDENTIAL AREAS Permitted Uses and Single Patio&Zero Two Family Single Family Multi-Family Standards Family Lot Line And Duplex Attached and Dwellings Detached Townhouse Minimum Lot Area 5,000 SF 5,000 SF 3,500 SF 1,700 SF NA Minimum Lot Width 50' 40' 35' 17' 90' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard Setback*t 20' 20' 20' 20' 20' Side Yard Setback*' 6' 0' or 6' 0'or 6' 0'or 6' 15' Rear Yard Setback**2 15' 15' 15' 15' 15' Livingston Road R-O-W Setback******7 20' 20' 20' 20' 20' Rear Yard Accessory Setback**2 10' 10' 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*****) 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. *' Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). C. If the parcel has frontage on two sides,setback is measured from the side with the longest frontage with the other frontage designed as a side yard. B. For structures with side entry garages,the minimum front yard may be reduced to 12'. **2 Rear yards for principal and accessory structures on lots and tracts which abut lake,or open space may be reduced to 0'feet;however,a reduced building setback shall not reduce the width of any required landscape buffer,as may be applicable. ***3 Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. ****4 For purposes of this Section.accessory structures shall include but not be limited to attached screen enclosures and roofed lanais. 5 Building separation may be zero(0)feet with a minimum building separation of twelve(12)feet between detached structures. Detached garages may be separated by a minimum of ten(10)feet. ******6 Twenty-five(25)foot minimum rind p pal structure setback may be reduced to an absolute minimum of twenty(20)feet to protect native vegetation as approved during the planing and/or SDP process. 7 No principal structure shall be located within 5'of a required landscape buffer. 9/19/03 IV-3 .. ---Packet Page -1599- • -- --- 4/9/2013 17.C. SECTION V PRESERVE"P"AREAS 5.1 PURPOSE Section V establishes permitted uses and development regulations for areas within the Royal Palm Academy PUD that are designated as Preserve"P"on the PUD Master Plan. 5.2 GENERAL DESCRIPTION Areas designated as "P" on the PUD Master Plan are designed to accommodate natural systems existing or created as preserves and Iimited water management uses and functions. 5.3 PERM1 i n D USES AND STRUCTURES A. No building or structure, or part thereof, shall be erected, altered or used, or land or water used,in whole or in part,for other than the following: B. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (excluding asphalt paved trails). 2. Water management facilities. 3. Educational kiosks and shelters. 4. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Preserve Area. 5.4 PRESERVE AREA ADJUSTMENTS The proposed preserve areas depicted on the Royal Palm Academy PUD Master Plan are intended to meet the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservation areas at the time of preliminary plat or site development plan approval based on jurisdictional agency permit requirements. If adjustments are needed, the Developer will have the option to increase the preservation in other areas, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The Preserve area shall consist of a minimum of 39 acres of native vegetation. 9/19/03 V-1 Packet Page-1600- 4/9/2013 17.C. SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan • approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC shall apply to this project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title, or assignee, is subject to the commitments within this Document. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County LDC, amendments may be made from time to time. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 9/19/03 VI-1 Packet Page-1601- 4/9/2013 17.C. • • 6.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County LDC,Division 3.2. Subdivisions. 6.6 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), this project shall be designed for a storm event of 3-day duration and 25-year • return frequency. A. The project will be permitted with the South Florida Water Management District and copies of the applicable permits and plans, which have been approved by SFWMD, will be provided to Collier County prior to issuance of applicable County permits. B. Lakes shall be designed in accordance with the SFWMD permit. C. Final construction plans will be reviewed and approved by Collier County Engineering Services Staff. 6.7 UTILI t'ImS A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 01-57, as amended, and other applicable County rules and regulations. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. C. A portion of the project is located within Collier County Wellfield Protection Zone WS/4. Development within the Royal palm Academy PUD shall be consistent with Division 3.16, Groundwater Protection of the LDC. 6.8 TRAFFIC • The development of this PUD Master Plan shall be subject to and governed by the following conditions: 9/19/03 VI-2 Packet Page-1602- 4/9/2013 17.C. A. All traffic control devices used shall be in accordance with the traffic control standards as adopted by the Florida Department of Transportation (FDOT), and as required by Florida Statutes—Chapter 316 Uniform Traffic Control Law. B. All traffic speed limit postings shall be in accordance with the Speed Zoning Manual, as amended, and as adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes — Chapter 316 Uniform Traffic Control Law. C. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy. D. External and internal improvements determined by Collier County Staff to be essential to the safe.ingress and egress to the development shall not be considered for impact fee credits. E. Road Impact Fees shall be paid in accordance with Collier County Ordinance 2001-13,as amended. F. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change, as determined by Collier County Staff. The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues and roadway capacity problems. The previous conditions notwithstanding, the County acknowledges that access to a public road will be maintained at all times and the County is prohibited from denying access to a public road. G. Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and LDC, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues and roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of nor lack of a future median opening be the basis for any future cause of action for damages against the County by the Developer(s),its successor(s)in title, or assignee(s). The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Notwithstanding standards otherwise specified in this 9/19/03 V1-3 Packet Page-1603-.._ __ 4/9/2013 17.C. document pedestrian and bicycle travel ways will be separated from vehicular traffic areas in accordance with recognized standards and safe practices. J. The Developer(s) shall provide any and all site related transportation improvements) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent certificate of occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s),whether left turn lane(s) and/or right turn lane(s),are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s),as determined by Collier County Staff. K. All work within Collier County right-of-way shall meet the requirements of • Collier County Ordinance No. 93-64. L. All internal access(es), drive aisles and sidewalk(s) not located within the County right-of-way shall be privately maintained by an entity created by the Developer(s),its successor(s)in title,or assignee(s). M. The Developer shall pay its fair share cost of traffic signals required at the project access points. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. N. There shall be a full access intersection at the primary entrance to the school on Livingston Road. When justified by traffic warrants, this intersection shall be signalized. 0. The Developer is not obligated to permit or construct Marquis Boulevard. However, in the event that Marquis Boulevard is constructed by a third party, any excess mitigation credits owned by the Developer shall be made available to the third party for use in permitting and constructing Marquis Boulevard if such credits are permitted to be utilized by applicable governmental agencies. P. An access and utility easement in the general area depicted on the conceptual PUD Master Plan, located along the northern property line and east of Livingston Road, shall be conveyed to the property owners to the north, provided that the Developer's share of the cost of constructing any roadways, landscaping and utilities within the easement is not greater than 1/3 the actual cost of constructing the roadway,landscaping and utilities. 9/19/03 V1-4 Packet Page -1604- 4/9/2013 17.C. • 6.9 PLANNING Pursuant to Subsection 2.2.25.8.1 of the Land Development Code, if during the course of site clearing,excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.10 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, shall be submitted to Environmental Services Staff for review and approval prior to Final Site Development Plan/Construction Plan approval for all parcels included on that project. B. A minimum of thirty (30) percent of the gross site area shall be open space, as described in Section 2.6.32 of the LDC. A minimum of 39 acres of native vegetation shall be retained within the PUD. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetlands in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Review Staff. D. The petitioner shall comply with the guidelines and recommendations of the US Fish and Wildlife Service (USFWS and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species and their habitats on site. A Habitat Management Plan for those species shall be submitted to Environmental Services staff for review and approval prior to final site plan/ construction plan approval. At a minimum, a plan shall be provided for woodstorks that were observed on site. E. Setbacks from preserves shall be as required in the Royal Palm Academy PUD, Table 1. F. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. G. A current gopher tortoise survey shall be submitted prior to the first development order approval. A gopher tortoise management plan may be required at this time. 9/19/03 VI-5 Packet Page-1605- ,►12:0NMPAIOPosvil_17 ,,,,,E ,.MAO=MAW AM 4/9/201317.0. • • 4 I rill i• • • • • 11111 s III��W� - -.,11....11. . .. 0 0 it it II 11'. .11•' 11. 1111•.'••. .•.11•11•• . . .•••.••' . . . . . • . .•. • •1111••• A . . • . • 1111. . . .1111•. • • • • • • • • • ••• 1111• cs • • . . • . .•.• .1111'•j I.II 1 i 11 i I • . • 11 . . . • . . 11 Ill ,41.••••••••••••••••11.11.e.•••II!l4P lill t1 11P ' ' 1111••• I E l 4 1• I • • '1111• • •• • • •1, ,• p• 11:4:••11•••• •••••••• ••••• • • • • • • • • Ell `[` 1 • • • • • • • ‘ ‘• ••• I • • • • ;�, Y AMAX r ^� E i y I • „� , I � (4I11T! $ . ■ r,--il •1 ii . 1 t 'i / 400Mt= • ji il I i 1 ! I • 1 j II 4 1 of li I 1 '{ // , Ai. I i 11 O.-F•�e•-F—D 1 r ic ii 1 ,. ;.:.:.• //f / _ • t1:11 .. 1 ll '11'11 11 ' • � /// a j� t lb.. � ff• • a � � .••• =." 11 I44 • ,11 t t t i 1 t I 19 . i pi I E t 9 . PacketPage -1606 - 4/9/2013 17.C. LIST OF REQUESTED DEVIATIONS FROM LDC ROYAL PALM ACADEMY PUD AMENDMENT 1) Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height,to allow one (1)temporary banner sign up to 200 square feet in area and 5 feet in height, limited to a maximum of 90 calendar days per year. Justification: As shown on Attachment 1, the requested deviation will allow for a banner sign located on the proposed masonry wall along Livingston Road, in order to advertise new homes available within the community. The 4 s.f. banner sign permitted by the LDC provides minimal visibility, and likely could not be seen by vehicles travelling along Livingston Road,which has a posted speed of 45 mph. The proposed wall is setback more than 100' from the edge of pavement,which provides appropriate separation between the travel lanes and the proposed banner sign. The banner will be limited to the wall location shown on the attachment, and will not be displayed on stakes or poles that could result in a degraded visual appearance. The Applicant is requesting use of the banner sign up to 90 days per calendar year to allow for its display throughout the peak winter season when the vast majority of homes sales occur in Southwest Florida. Based upon the setback and the sign's proposed location on the masonry wall,the banner will not negatively impact viewsheds along Livingston Road, and will enhance visibility of this project. Additionally, the proposed signage will not negatively impact public health, safety or welfare. 2) Deviation from LDC Sec. 4.06.02.C, which requires a 15-foot wide Type "B" buffer where proposed community facilities abut existing residential uses, to omit the buffer requirement where the Royal Palm Academy campus abuts the Verona Pointe community. Justification: The Verona Pointe community is buffered from the Royal Palm Academy campus by an existing Type "B" buffer (on the Verona Pointe property), a 110-foot wide FPL easement,and an existing chain link fence on Royal Palm Academy's western property line. Based upon the existing vegetated buffer and substantial separation provided by the FPL easement, the school campus will continue to be compatible and appropriately screened from the Verona Pointe community,thereby upholding the intent of the LDC. 3) Deviation from LDC Sec. 5.03.02.H, which requires a wall to be constructed where a nonresidential development abuts a residentially zoned district. The requested deviation is to permit the existing 6-foot high chain link fence in lieu of a wall along the eastern property line where the Royal Palm Academy abuts The Strand PUD, and a 4-foot high chain link fence in areas where the Royal Palm Academy abuts the Verona Pointe community. Royal Palm Academy PUDA-PL-2012-1225 Revised:October 15,2012 Page 1 of 3 Packet Page-1607- 4/9/2013 17.C. Justification:The Royal Palm Academy campus predominantly abuts golf course uses and right-of- way internal to The Strand PUD; in effect only one (1) single family residence abuts the campus' eastern property line. As shown on the attached PUD master plan, the Applicant is proposing a Type "B" buffer along the entire eastern perimeter supplemented by a 6-foot high chain link fence, which will adequately screen the existing campus from The Strand,and achieve school security measures. While a 10-foot Type "A" buffer is required in areas where the campus abuts right-of-way or golf course uses within The Strand,the Applicant is proposing the Type"B" buffer in excess of the LDC requirement to ensure a visually consistent buffer that appropriately screens adjacent uses. For these reasons the proposed buffer yard will adequately screen adjacent uses from the campus. 4) Deviation from LDC Sec. 5.05.08.B, which requires new buildings in non-residential PUD districts to adhere to the architectural and site design standards in LDC Sec.5.05.08.The requested deviation is to omit the architectural design standards for modular buildings associated with the Royal Palm Academy. Justification: Since existing modular buildings are currently utilized on the Royal Palm Academy campus, the Applicant requests that these temporary structures continue to be permitted without adhering to the county's architectural standards. The Applicant is also requesting additional modular buildings be permitted until permanent buildings can be constructed. All modular buildings will be removed from the campus as the master plan is implemented. These buildings are temporary in nature and appropriately buffered from the Livingston Road viewshed and adjacent properties. 5) Deviation from LDC Sec. 5.05.08.C.2.c, which requires the design of primary facades to include a minimum of two (2) specified design features. The requested deviation is to allow the design of primary facades to include a minimum of one (1) specific design feature for the Royal Palm Academy campus. Justification: The Royal Palm Academy (RPA) campus is part of an existing Planned Unit Development,thereby requiring adherence to the most restrictive portions of the Collier County Architectural and Site Design Standards. The referenced standard requires that all exterior elevations of each individual building in a PUD be treated as a primary façade thereby requiring more design features and embellishment than required for a similar building on commercially zoned property which has one (1) primary facade.The basis for this more restrictive requirement is presumed to be that buildings located within commercial PUDs are more visible from multiple directions and their typical mixed use occupancy initiates more public interaction. The RPA campus, even though located in a planned unit development zoning district, is a much different atmosphere than the typical mixed use commercial property envisioned, and therefore the architectural standards are inappropriate and overly restrictive.The RPA property has limited street frontage on Livingston Road with very controlled accessibility (for student safety), which limits visibility and public access. Royal Palm Academy PUDA-PL-2012-1225 Revised:October 15,2012 Page 2 of 3 Packet Page-1608- 4/9/2013 17.C. There are more effective alternatives to selecting a second design feature from the prescribed list especially since the tight, interwoven campus design restricts views and building length perception.The Applicant proposes to provide other features such as additional roof offsets, wall planting latticework, covered outdoor areas that blend with building architecture and elements, such as sun-screens or sun-shelves,and canopies for shading and visual relief. 6) Deviation from LDC Sec. 5.05.08.C.3.c.ii &iii, which requires specified transitional massing elements to be incorporated for a minimum of 60% of the length of the facade, which is in part or whole within the 150 feet of an existing building. The requested deviation is to omit the requirement for transitional massing elements for the Royal Palm Academy campus. Justification: Since the entire campus is under single ownership and will be designed with a common theme with buildings of similar height, the concept of transitional elements is not appropriate or needed for this specific development.The master plan will incorporates a series of buildings of multiple uses,sizes and heights that will inherently provide the massing variation and articulation that the architectural standards strive to create. 7) Deviation from LDC Sec. 5.05.08.C.4.a.i-v, which requires specified design treatments for projections and recesses to provide for variation in massing. The requested deviation is to omit the requirement for specified design treatment requirements relating to projections and recesses for the Royal Palm Academy campus. Justification: The first line of Section C.4 states "A single, large, dominate building mass must be avoided." The proposed master plan for the Royal Palm Academy accomplishes this purpose without major offsets due to the compact nature of the RPA campus. The relatively small footprint and juxtaposition of all the future buildings provides a massing variation similar to the requirements of the Collier County architectural standards. The diversity of building use, height and fenestration provides another level of detail and variation to meet this same requirement. Therefore,the buildings within the campus will maintain a varied appearance and will meet the intent of this section. Royal Palm Academy PUDA-PL-2012-1225 Revised:October 15,2012 Page 3of3 Packet Page-1609- 4/9/2013 17.C., 1. .. ro ? r.57i. . }e Y.4r„ 1-'-'::4'1,'",- i'S. C R [4 -',, ,-;,.:=.5.!# MN �„ x'r a 2 cW ^ r. r c L„ f �j� , . 44.1' ; A iL ' a• i0' r d -4 Packet Page-1610- I 4/9/2013 17.C. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.collieroov.net AFFIDAVIT We/1, Richard A.Jerman being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. Coleman,Yovanovich&Koester, P.A;Waldrop Engineering, PA;& As_property owner We/I further authorize SLB Consulting of SW Florida,LLC to act as our/my repre • _ • •ny matters regarding this Petition. !ft Signature of • operty Owner Signature of Property Owner Richard A.Jerman Typed or Printed Name of Owner Typed or Printed Name of Owner (Managing Member of Sun Terra Communities I, LLC,which is Managing Member of Jen Florida VI, LLC) The foregoing instrument�wa�'Q knowJdged before me this 2-7L., day of Se't UAL, , 20 J Ni , by R,Jf....L� 14 . JP(ettr i who is personally known to me or ced -a--identfflcaslon. c2yr.....s2t... c7t, ,,,7111.11)0, State of Florida (Signature of Notary Public—State of County of&Mar Florida) LI ry DA L.• IWX/t rVexS (Print,Type,or Stamp Commissioned Name of Notary Public) . (Prr4 Notary Public State of Florida ` Linda L Matheus My Commission DD839587 ''t f�op/I Expirea 01/18/2013 February 4,2011 Packet Page-1611- 4/9/2013 17.C. Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliereov.net COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as ROYAL PALM ACADEMY PLANNED UNIT DEVELOPMENT 16100 LMNGSTON RD..NAPLES.FL 34110 (Street address and City,State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for AMENDMENT TO planned unit development ( PUD) zoning. We hereby designate RICHARD YOVANOVICH , legal representative thereof,as the legal representatives of the property and as such,these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications,plans,surveys,and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan,even if the property is subsequently sold in whole or in part,unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements,conditions,or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards,and conditions of the planned unit development,seek equitable relief as necessary to compel compliance. The County will not issue permits,certificates,or licenses to occupy or use any part of the planned unit development • • ay stop ongoing construction activity until the project is brought into compliance with all terms, ir,�'0 Id sa, guards of the planned unit development it. , Owner Owner Richard A. Jerrn Printed Name Printed Name (Managing Member of Sun Terra Communities I,LLC,which is Managing Member of Jen Florida VI, LLC) STATE OF FLORIDA) COUNTY OF G91J1s1 +R) 5471:""4/1 4 Sworn to(or affirmed)and subscribed before me this �'�okday of ill... ,20#Vl,y ‘...a ( _ ,,,,,w..— who is personally known to me asid .:..,:., •tary Public (Name typed,printed or stamped) February 4,2011 cps'Pk Notary Public State of Florida `f` Linda L Mathews - . IA,r.,,n,minfon 00839587 i Packet Page-1612-1812°13 4/9/2013 17.C. I — WALDROP ENGINEERING /-\\\ CIVIL ENGINEERING&LAND DEVELOPMENT CONSULTANTS / \ , Memorandum To: Michael Sawyer From: Alexis Crespo cc: Richard Yovanovich,Andrew Saluan Date: October 8,2012 Subject: Royal Palm Academy PUD(PUDA-PL-20120001225) Neighborhood Information Meeting Synopsis Royal Palm Academy, Inc. (RPA) in conjunction with Coleman, Yovanovich & Koester, P.A., Waldrop Engineering, P.A., and Collier County Staff conducted a Neighborhood Information Meeting(NIM) on Wednesday, October 3, 2012. Also in attendance was a representative from Pulte Homes. The meeting was held at 5:30 p.m. at the Royal Palm Academy campus, located at 16100 Livingston Road. The sign-in sheet is attached as Exhibit"A". While only three(3)attendees signed in,approximately ten (10) attendees were present. Handouts were distributed outlining the proposed uses and site development regulations.The handout is attached as Exhibit`B". Rich Yovanovich (Agent) began the meeting with introductions of the consultant team and County Staff. Mr. Yovanovich presented the currently approved PUD master plan and outlined the original intent to develop a 50+/-acre permanent campus west of Livingston Road, and relocate the current/temporary campus to the larger site. He noted RPA's plans have been subsequently downsized, and the purpose of the PUD amendment is to designate the temporary campus as the permanent campus on the PUD master plan. This amendment will allow the modular school buildings to be replaced with permanent buildings. The student population will be downsized accordingly from 1,250 to 500 students. He noted the preserve area next to Imperial Golf Estates is not proposed for modification as part of this amendment application. He also noted there is not a permanent master plan for the school campus at this time. Mr. Yovanovich reviewed the deviation request for a temporary banner sign that is larger than what is allowed by the Land Development Code. Lastly, Mr.Yovanovich noted the 50+/-acre site originally intended for the permanent campus will be developed with residential uses by Pulte Homes. Following his presentation, Mr. Yovanovich asked attendees if they had any questions or comments. The following is a summarized list of the questions asked and the responses given. Page 1 of 2 Packet Page-1613- 4/9/2013 17.C. Question/Comment 1: Frank Richards, President of Verona Pointe HOA, asked what the school has in mind for expansion adjacent to Verona Pointe. What is the intent for maintaining the FPL easement? Response: Mr. Yovanovich noted the FPL power lines separate the Royal Palm Campus from Verona Pointe and nothing can be built in that easement without FPL's permission. Mr. Saluan from RPA indicated that school-related uses may be developed in the northern portion of the campus area in the future. Mr. Saluan also advised he would provide Mr. Richards with the boundary survey of the RPA property to clarify the boundary between the campus and Verona Pointe. Question/Comment 2: Where is the entrance to Pulte's new residential community? I have concern regarding congestion generated by the North Naples Middle School. Response: Mr. Saluan advised that the entrance will be from Learning Lane.Mr. Yovanovich added that the applicant had to work with the school board to gain access via Learning Lane, which involved a detailed traffic analysis. He also noted access to the residential community is not a subject of the proposed PUD amendment. Question/Comment 3: Will there be another access point to the Pulte community? Response: No, there is just one access point to the community. Attendees offered that the neighboring Delasol community only has one access point as well. Mr. Yovanovich advised that the next step in the process is public hearings before the Planning Commission and Board of County Commissioners. The public has the opportunity to speak at these hearings. These hearings have not been scheduled. Staff advised the hearing dates are dependent upon the applicant's resubmittal to the County. Question/Comment 4: Will the school remain in the same location it is now? Response:Yes. Question/Comment 5: Will the 39 or 40 acres adjacent to Imperial Golf Estates remain as preserve? Response: Yes, no changes are proposed to the portion of the PUD west of Livingston Road. Residential uses were always permitted in the 50+/-acre campus area west of Livingston Road. There were no further questions or comments. Mr. Sawyer noted his business cards are available for anyone who has questions for him. Mr. Yovanovich thanked attendees for coming. The meeting concluded at approximately 5:45 p.m.The meeting was recorded per the CD attached as Exhibit"C". Page 2 of 2 Packet Page-1614- 4/9/2013 17.C. EXHIBIT A ROYAL PALM ACADEMY PUD AMENDMENT Neighborhood Information Meeting October 3, 2012 NAME EMAIL ADDRESS 13c5b d L-r 11 C?l /s�i cv oo c1s 4.0 1• (OM rd' S (yh /'l`t 3 f irs eo-s/•► Ai e f fro' �.� ��� b� mot,car`'( Packet Page-1615- EXHIBIT B 4/9/2013 17.C. Royal Palm Academy PUD Amendment Project Information Sheet • Total Project Size: 162+/-acres • Approved Uses: 550 units &50-acre school campus • Proposed Uses: 550 units& 11-acre school campus School Campus -Approved Uses & Development Regulations A. School Campus Principal Uses and Structures 1. Schools, Private (Pre-K through grade 12) 2. Administrative Offices 3. Chapel—incidental to private school function 4. Rectory 5. Cafeteria and food services - - •- - - , • -- • - - •- - • - (Proposed for deletion) 7. Recreational Uses, including but not limited to gymnasiums,tennis courts, basketball courts, natatorium, playgrounds and athletic fields. B. Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this PUD including but not limited to miscellaneous recreational uses, architectural features, and on-site housing for teachers and staff. C. Minimum Yard Requirements: 1. Front Yard, internal roadways or drives: Five (5) Feet 2. From Livingston Road ROW: Thirty(30) Feet 3. From Collier County Public Schools access road: Thirty(30) Feet(Proposed for deletion) 3. From PUD Perimeter: Thirty(30) Feet 4. From Preserve Boundaries: Principal Structure Twenty-five (25)*feet Accessory Structure Ten (10)feet May be reduced to an absolute minimum of twenty(20)feet to protect native vegetation as approved during the platting and/or SDP process. D. Maximum Building Height: Fifty(50)Forty-five (45)feet zoned height and fifty(50)feet actual height, except for attached steeples, spires, cupolas or related architectural features, which may be a maximum of seventy five(75) fifty(50)feet zoned height and fifty-five (55)feet actual height. Asift Page 1 of 2 Packet Page-1616- 1 4/9/2013 17.C. Residential-Approved Uses & Development Regulations A. Principal Uses and Structures 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. 6. Existing Private School (K 8) to remain in its current location until such time the first the certificate of occupancy(Proposed for deletion) B. Accessory Uses and Structures 1. Common area recreational facilities. 2. Gatehouses. 3. Temporary sales facilities. 4. Uses and structures that are accessory and incidental to uses permitted in this area. C. Minimum Yard Requirements Permitted Uses and Single Patio& Two Family Single Family Multi-Family Standards Family Zero Lot And Duplex Attached and Dwellings Detached Line Townhouse Minimum Lot Area 5,000 SF 5,000 SF 3,500 SF 1,700 SF NA Minimum Lot Width 50' 40' 35' 17' 90' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard Setback 20' 20' 20' 20' 20' Side Yard Setback 6' 0'or 6' 0'or 6' 0'or 6' 15' Rear Yard Setback 15' 15' 15' 15' 15' Livingston Road R-O-W Setback 20' 20' 20' 20' 20' Rear Yard Accessory Setback**2 10' 10' 10' 10' 15' Preserve Setback Accessory 10' 10' 10' 10' 10' Principal 25' 25' 25' 25' 25' Maximum Building 2 Stories 2 Stories 2 Stories 2 Stories 3 Stories Height or 35' or 35' or 35' or 35' or 45' Distance Between Principal Structures 12' 0' 0' 0' 20' Floor Area Min. 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AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date,time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. Oil / Ii (Si: attire of ' ..licant) Alexis Crespo (Printed name of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 0 1 day of OC i'Oxy , 20 k'a. by A\Q,,1 15 eX9S pS , who is personally kn _to_4ne or who has produced as identification. lif . o ota O ' . . /// r` ♦ ♦ (Notmy Seal) ihi /a L �Atili F O f Ilii ��1pYP ..� "a dACOtfEtYN LAROCOUE Pnnte•�� ame f No .. _� h �1 & Notary Public-State of Florida h ,% � My Comm.Expires Oct 12,2016 ` 4 7c,r` Commission N EE 531330 „„nay Revised: 7/26/11 Packet Page-1619- 4/9/2013 17.C. WALDROP ENGINEERING f CIVIL ENGINEERING&LAND DEVELOPMENT CONSULTANTS . #�i�,,�5�. T � 7�tr�}jS�C��}�t+ � f' �Y 3 4 S�^-.+ai 4e-5� k 1' / \/\ 4 a �4 ;%qtr ,,,,t v,.4A; s `1 Y5 9 wh.'1,*"f.r r I ..¢ . p:,,, :',.r.', -" � H. �'.:'$:� .J.h?:..a ,r ',,: spa ,�✓1 . G.r, vJ? September 14,2012 RE: Royal Palm Academy Planned Unit Development PL20120001225 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of an amendment to the Royal Palm International Academy Planned Unit Development (PUD) described as follows: 16100 Livingston Road, Naples, FL 34110 Generally located east and west of Livingston Road, south of Learning Lane, and 1.5 miles north of Immokalee Road The petitioner is asking the County to amend the existing PUD to designate the 11-acre temporary campus to the east of Livingston Road as the permanent school campus, and reduce the estimated student population from 1,250 to 500 students. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The Neighborhood Information Meeting will be held at 5:30 p.m. on Wednesday, October 3rd, 2012 at Royal Palm Academy, 16100 Livingston Road, Naples, FL 34110. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me directly at (239) 405-7777 ext.207,or alexisc r&waldropeneineeri rig.com. Sincerely, WALDROP ENGINEERING,P.A. ift 1irt i Alexis V. Crespo,AICP Principal Planner Cc: Mike Sawyer,Collier County Government Andrew Saluan,Royal Palm Academy,Inc. Chris Hasty,Pulte Home Corp. Richard Yovanovich,Esq., Coleman,Yovanovich, &Koester,P.A. Packet Page-1620- 4/9/2013 17.C. GROWTH MANAGEMENT DIVISION—PLANNING AND REGULATION GIS/CAD MAPPING DEPARTMENT GIS PROCESSING REQUEST Property Notification Address Listing (Does not include Civic or Homeowner Associations) Date: 8/8/2012 Requester's Name; Alexis Crespo Phone: 239-850-8525 Folio number of Property(or PUD name): Royal Palm Academy PUD Site address of Property: 16100 Livingston Road.,Naples, FL 34110 Legal Description of Property: Or AR/ PL Number 00104840003;00151440205; 00150320009; 00151280009; 00151440108; 00150200006; 00151160006; 00151400009; 00150640006; 00149960001 How many Feet Buffer around Property? 150 500 ');' 1000 Include the Properties: Internal External X Results: Want Names and Addresses Only X or Want Names, Addresses, and Legal Descriptions Processing fees: 1. Spreadsheet (MS Excel) on Disc $70.00 2. Print out of Spreadsheet on Paper $75.00-+ Sc for every record over 1500 3. Mailing Labels $80.00+6c for every record over 1500 x 4. Spreadsheet+ Mailing Labels $85.00+ l i e for every record over 1500 Packet Page-1621- 4/9/2013 17.C. 1qji, u—S. ,;innw.m i .. _bm,- ..:. „...„,,,,o lit 'w C �!���m���SS' r�11q ynlGn�-� '^V ti if- v a .: :..d ► unuu 111 iii 4,D- �'; v p Minn! ow TUSCANY RESER Jy� ♦♦� !urniriiii J'~��� Y 1 :i'1•IjI ti'.. �r 'air1477.1.<3'.:,!,'4,4 yr�a� . A�`�\�`` 0�1NW,+ i b ♦ �,' s Diu .�� 1�$1111 Q '-'7+14 1 ���7-.i ,, r /i/y 10-+ r d iL� S rt s i ,. • a. w< ,As 4 qk 11.10:0:at:::.; •::,,,,,:mv_,,..2,1:: : 41.-..-:-.44--'4”<,4*4.1iiiti, ■i C f . — $��,71''''� ,:ice h ii yrx. � 7 r .ti f 6 ( ski l:��v .• 41J1$!�u�(�i�E- ,M�x..���� r ,''`.",• �, '° r.,�s � F, 11 iti k/ 1f a r. :.�' 3•i lPti 3t}31�ul�itx r. h�7.01111 z 2 ow d i ' f!!A>•� I' 4� ari m� a{;"'�} he aEr,u iglllr r °�� - �1 �= XI � .�J'.Gys d.'nsx L$^w.S9B 1 i iii.o1+ IIS,. L[ F !i. i` w�J1� w.,� MO K ,$}..ssue�m!°s " w'- _ _ w en.�: .�e1•�: -took t +� �•iumm w� 1 1 '11tq `S tu' 1 • �'. ? a�7 'tee J: 1_ LI +�� $Gx a il��t.i1:r7 v ►� wr �I 1�` + 9, y ° s $ A s'`4 Y S�' w.re,-..:_ _.nr:1 ��'�A,�\ �I .-,:-a1:t:NM63"F~t- �' qp 44'W,'. ;4',:':;.'''''','44:':as w "`air• M. ���;.s•� } .'L`^'�t'""'..`i , , � .4'.' ”"an ii aI AF11A A—V' � ��Neal: • Alp liftl, 1 Itllllll11/ t1 r3 w:�ww .r fi:n.:,,�re,,.,�,,,l n.t1i111111111� n sQ:Vwwww 1.. A 1 111�l7.l1�Fn uIulIi11111 unt. red t fi E7�rl X11 0111•llMMl..iglilx— 1 i1111H11iiii% °.ws.'s .,..u..r ... I I"Ir1 /Im1nlinii Lrd� r'•-- �I q�prrrrrgl a,iii - ; 1 �`/!►�,•j�yJU' f /4 i ca 6 i L'e } ? '„�a1 11a►� �1Htrp r�� ��lrrr a�a w i 1111.1 �'r s 10s ►! !' . 4.` m ,. 4,” 7+'1 z AN- ley �1. a � .i ar.�r �, i �,.■r. ," ••ik v� .`t�I v.. ,was`I•�I 0:t ids ,! s_ 4r gin111112 .1* 1041 le n•>ntnralur • Illihi o wy� 1 w y 1 1 1 1 7., I.I11� r. .., i: i co LI him 1♦ t "'` t r 4' ea A,tar,.I .w `f al ti, ,r /N nru�eaanp� /��` r'"` �/� i r.�,►��"�` n ��*+� ♦�I.unm+�r • �'� far,...ilanummis, 1:,., !TiR �wiglr.I,�.q r a 1. * • ill ter ' 1nt1�+�t4,'0,4 R 1 11.4 4 ��r & ¶ -TT.-' rrrrn� 'I? �nr •lrrri W alb sr � ••#� Iff►� �•IA—t1 mow„.• T 111 alInmliva t -'L �w- (/) ,..„,..,. a • ' 6 di III Packet Page-1622- 1 4/9/2013 17.C. PUBLIC NOTICE. PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD • • NAPLES DAILY NEWS INFORMATION% MEETING Published Daily • Naples,FL 34110 The public Is invited to attend.a neighborhood information meeting held by Royal Palm•Academy, Inc.regarding the Royal Palm Academy Affidavit of Publication. PUD (PUDA-PL•20120001225) represented.by.Richard.Yovanovich of Colernan,Yovanvoich&Koester, P.A. and Alexis Crespo,AICP of Wal- State of Florida drop Engineering, P.A.on: . •Counties of Collier and Lee •Wednesday, October 3,2012; 5:30 p.m. Before the undersigned they serve as the At Royal Palm Academy • appeared Lynn Schneider, who on oath; 161 OO.Livingston Rd., Naples, FL 34110 Order Entry Data Specialist of the Naples. II . -OM TION • newspaper published at Naples, in Col distributed in Collier and Lee counties o • ---C • attached copy of the advertising,being iA, ,L.;*► s PUBLIC NOTICE N • - in the matter of PUBLIC NOTICE �1 • was published in said newspaper 1 time. on September 26th, 2012 1 0 • Affiant further says that the said Napl I Mil published at Naples,in said Collier Co . - = '•newspaper has heretofore been continl `- �_ R��,a . • iN j ad County, Florida; distributed in Collier ;, is-i��� ;MIMIMN�11111 yi`r each day and has been entered as secoi The property owner has filed an Application for Public Hearing to office in Naples,in said Collier Coun amend:the existing.PUD to designate the 11-acre temporary campus year next preceding the first public2 to the east of'Livingston Road as the permanent school campus, and advertisement; and affiant further say reduce the estimated student population from 1,250 to 500 students. promised any person, firm or corpc WE VALUE YOUR INPUT commission or refund for the R • publication in the said ne .p .er. Business and property owners and residents are welcome to attend I�,+ the presentation and discuss the project with the.owners' representa- �/� ' ( fives and Collier County staff. If you are unable to attend this meeting; (Signatur of affiant) ,but have questions or comments,they cari be directed to: Alexis Crespo,AICP • - • Swo to and subs. '.-d before me Waldrop Engineering, P.A. •-i 28th day of S-.t- .ber 012 28100 Bonita Grande Dr., Suite 305 • . . / :� f ' ` •Bonita Springs, FL 34135 J. . .1.1111. , ./ (239)405-7777, ext.207 (Signature of notary public) aiexisc®waldropengineering.com • • No.240173701 September 26.2012 • .e""4„.., CAROLPAWLIN6f0 A; s MY COMMISSION Y EE 45538 W -4,; EXPIRES:Noverrber28,2014 - ig. . Bandedlbru PlohardinsuranasAgency Packet Page-1623- - 4/9/2013 17.C. WALDROP ENGINEERING I /\\ ENGINEERING&LAND DEVELOPMENT CONSULTMRS os '3x $ .r .411 w +t.s yr ' r'" e,f'°` „ , ,401:001-m a ` a',` ,!-i z., October 15,2012 RE: Royal Palm Academy PUD Amendment PUDA-PL-2012-1225 To Whom It May Concern: I am writing on behalf of Royal Palm Academy, Inc. and Jen Florida VI, LLC (Property Owners) to inform you that the Property Owners have submitted an Application for Public Hearing for an amendment to the previously approved Royal Palm Academy Planned Unit Development (PUD). The application was to Collier County Development Services for staff review, and will require final approval by the Board of County Commissioners. Because you are an owner of record within the overall PUD, the property owner wanted to take the opportunity to explain the proposed changes. First of all, there are no proposed changes to the Verona Pointe and Milano communities, including the property under your ownership. The existing entitlements and development standards for these communities will remain the same. Additionally, there is no proposed increase to the permitted density or intensity within the PUD. In fact, the proposed amendment will decrease the allowable size and student population of the Royal Palm Academy Campus, thereby reducing the overall development intensity. The Property Owners are seeking approval of the following: • Revise the PUD master plan to designate the 11+/-acre temporary campus on the east side of Livingston Road as the permanent Royal Palm Academy campus. • Decrease the maximum building height for architectural features such as steeples, spires, or cupolas from 75 feet to 55 feet within the Royal Palm Academy campus, and other minor revisions to the PUD document. • Provide a list of deviations to the Land Development Code. You will be notified in the future of public hearings associated with this application. If you should you have any questions, please do not hesitate to contact me directly at (239) 405-7777 ext. 207, or al exi scawal dropenaineerinu.com. Sincerely, WALDROP ENGINEERING,P.A. Alexis V. Crespo,AICP Principal Planner Packet Page-1624- 1 4/9/2013 17.C. f -4 ..... -vim we- L'Afblifti"j iltral.'r111. 1..... . to it, II an IN ;. 110, N1oa01-1s le UM • 4 lit- �• a 7 1 au N'ISDNI "I II '■■■■■ ^N -,alb , , „�I,�, I oo .moo 4 :.----= -a- Atl----____Z-Hvrail'' g';'1111111111111111111111111111111111111111111kt !if rg `' '11111111111111111111 S r t*itt:;:ly kiipullibuilitil■A 1 1 Illfr :1,:i4:0:4a..,,,,I.:. 1 nalmlia 5 a, % , .,:s.174,41 wilpl., ii, „.,..„ ... „r„,,,, ,,,,,,„ �� t' �► 111111111111111'11 '�`', M■ ■ lig a, .., E 1 :;i:',0,--I.,!- - kft II1 osliE n IIII� x ''� 1 : MN al= ���1111111111111I um gm .i�;�ira: :l No ■� .. .. .. ,.. .� . .. .. . i ,, vr .E .D .MMEI ;& v4k�! Is`. ' ' , IN .. . -∎ .UIIIIIII'h[JIP1ifii:I t �"�_ vli Ir ����$,�'".�,— :' 111111•• A . . i� ' a . le = .•.640 akv,IimplarbA IV r to■ L. 1: 11 ®11 I ILI aii, ow. .„ Packet Page-1625- 4/9/2013 17.C. MAR/26/2012/0N 04:06 P( waldrop Engineering PAX 110, 299 405 7899 P. 001 Co*, r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX (239)262-5724 WVVW.COLLIERGOVtiET ADDRESSING CHECKLIST Please complete the fotawing and fax to the Operations Department at 239.2525724 or submit in person to the Addressing Department at the above address. Form must be sinned by Addressi�aersonnel odor to ore- moolication meeting.please allow 3 dava-toLat ocessinfy. Not all Items will apply to every protect. Items in bold type are required.FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department PETITION TYPE(Indents type below,complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) q SD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Camival/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) FP(Final Plat a SNR(Street Name Change) LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Right's) ® PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) See attached 44—2 '3 Ptaizce111 14 ICA enci � 7 ` -49 FOLIO(Property ID)NUMBER(s)of above(attach to,or associate with,legal description if more than one) 00150320009,00151280009, 00151440108, 00150200006,00151400009, 00151160006 X00 Ifep STREET ADDRESS or ADDRESSES(as applicable,if already assigned) no site address • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(it applicable) PROPOSED STREET NAMES(If applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL* Packet Page-1626- 4/9/2013 17.C. SW b/tUlY/HUN U4:U7 PM waldrop Engineering FAX No, 239 405 7899 P. 002 Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX (239)2524724 UMW.COLUERGOV.NET Project or development names proposed for,or already appearing In,condominium documents(if application; indicate whether proposed or existing) Part of Royal Palm Academy PUD Please Chedc One: ® Checklist is to be Faxed back ❑ Personally Pica d Up APPLICANT NAME: Jeremy Arnold, PE PHONE 239.405.7777 239405.7899 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department FOR STAFF USE ONLY FLN Number(Primary)no 11 (*)3?0469 0(5 151V,0004 Folio Number O Q` . t i?i c-) — 0°150 J 0 �p Q 0 l Folio Number L.�a g � Folio Number . 0°15 i 1-4 00009 yC4firdr9LisfulL__ Approved b Data: .T'2,7--j O Updated by: _Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page-1627- - , ,�'/ A tc.- ' ." 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A ff a1r � e� �,a E .r4 .4 $R N Y���y� ;4t `p� y y�74a�\ug��4 x .i- �7$' t, i G' ,- rN ' vZi`N ;aa�yyr�44 ..:*•t • A c • ar r .s s' a ? a r ! � c: 741*s a f i w '' :— 'ar.:1 g- ° LB'''. ,_ei # j-rf—it,- 4:*-t.':-.'-';'''r it*I''' i ...., ' ' , t41' ; rp + :•"" r qf �. . r..` � `'` ttb _ wtl wr, ; ,^��- ^. ...s w�we.,nusowxww,.,..�w.n Packet Page-1628- 4/9/2013 17.C. ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 03-54, AS AMENDED, THE ROYAL PALM INTERNATIONAL ACADEMY PLANNED UNIT DEVELOPMENT (PUD), BY REDUCING THE SIZE OF THE SCHOOL CAMPUS FROM 50 TO 11 ACRES; BY MOVING THE PERMANENT CAMPUS TO THE EAST SIDE OF LIVINGSTON ROAD; BY REDUCING THE STUDENT POPULATION FROM 1,250 TO 500 STUDENTS; BY REDUCING THE CAMPUS BUILDING HEIGHT TO 50 FEET; BY AMENDING THE MASTER PLAN; BY DELETING THE SURFACE WATER MANAGEMENT PLAN; BY ADDING DEVIATIONS AND REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 163± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, ROYAL PALM ACADEMY, INC., represented by Alexis V. Crespo, AICP of 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: AMENDMENT TO PUD DOCUMENT. The PUD Document, attached as Exhibit"A"to Ordinance No. 03-54, is hereby amended and replaced with the PUD Document attached hereto as Exhibit"A" and incorporated herein by reference. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of , 2013. Royal Palm Academy PUDA Page 1 of 2 PUDA-PL20120001225—Rev.2/28/13 Packet Page -1629- 4/9/2013 17.C. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk GEORGIA A. HILLER,ESQ. Chairwoman Approved as to form and legal sufficiency Heidi Ashton-Cickoy-7,11% Managing Assistant County Attorney Attachment: Exhibit A - PUD Document CP112-CPS-01185\36 Royal Palm Academy PUDA Page 2 of 2 PUDA-PL20120001225—Rev.2/28/13 Packet Page-1630- �. 4/9/2013 17.C. ROYAL PALM ACADEMY PLANNED UNIT DEVELOPMENT 1 62163±Acres Located in Section 13,Township 48 South,Range 25 East Collier County, Florida PREPARED FOR: 6000-Li.v'i g o Naples. FL 31110 And Royal Palm Academy,Incorporated 16100 Livingston Road Naples. FL 34110 PREPARED BY: Richard D. Yovanovich, Esq. .. -- . - - - - Coleman, Yovanovich& Koester. P.A. 4001 Tamiami Trail North, Suite 300 Naples,Florida 34103 And D. Wayne Arnold,AICP Alexis Crespo,AICP Q. Grady Minor& Associates Waldrop Enaineerine. P.A. 3800 Via del Rey 28100 Bonita Grande Dr., Suite 305 Bonita Springs, Fl 34131 Bonita Sprinas.FL 34135 DATE FILED DATE APPROVED BY CPCC DATE APPROVED BY BCC ORDINANCE NUMBER Packet Page-1631- 4/9/2013 17.C. 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-I SECTION V PRESERVE AREA V-1 SECTION VI DEVELOPMENT COMMITMENTS VI-1 EXHIBIT A PUD MASTER PLAN EXHIBIT B SURFACE WATER MANAGEMENT PLAN Royal Palm Academy Strikethrough text is deleted dwito PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 ii Packet Page -1632- 4/9/2013 17.C. STATEMENT OF COMPLIANCE Royal Palm Academy, Inc., referred to as Royal Palm Academy or the Developer, intends to create a Planned Unit Development on approximately 162.7 163 acres of land located in Section 13, Township 48 South, Range 25 East, Collier County, Florida. The name of the Planned Unit Development (PUD) shall be Royal Palm Academy PUD. The development of the Royal Palm Academy PUD will be in substantial compliance with the planning goals and objectives of Collier County as established in the Growth Management Plan. The development will be consistent with the policies of the land development regulations adopted under the Growth Management Plan and applicable regulations for the following reasons: 1. The subject property is located within the Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map. 2. The density provided for in the Royal Palm Academy PUD complies with the Future Land Use Element of the Growth Management Plan. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element(FLUE). 4. Improvements are planned to be in compliance with the applicable land development regulations as required in Objective 3 of the FLUE, except as may be modified in this PUD document 5. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance as required in Objective 2 of the FLUE. 6. The design of Royal Palm Academy PUD protects the function of the existing drainage features and natural groundwater aquifer recharge areas as required in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. This project shall be subject to applicable Sections of the LDC and Growth Management Plan at the time of development order approval, except as otherwise provided herein. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 iii Packet Page-1633- 00, 4/9/2013 17.C. SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE Section I sets forth the location and ownership of the property, and describes the existing conditions of the property proposed to be developed under the project name Royal Palm Academy PUD. 1.2 LEGAL DESCRIPTION The subject property being 162.7 163 acres more or less, is described as: PARCEL 1-A A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 13;THENCE RUN S 88°51'53"W, ALONG THE SOUTH LINE OF SAID SECTION 13,FOR A DISTANCE OF 1325.25 FEET; THENCE RUN N 00°06'21" W FOR, A DISTANCE OF 1342.12 FEET TO THE POINT OF BEGINNING; THENCE RUN S 88°51'35" W, FOR A DISTANCE OF 1988.19 FEET; THENCE N 00°11'06" W, FOR A DISTANCE OF 673.98 FEET; THENCE RUN S 88°54'24"W,FOR A DISTANCE OF 663.00 FEET; THENCE RUN S 00°12'24" E, FOR A DISTANCE OF 674.52 FEET; THENCE S 88°51'35"W, FOR A DISTANCE OF 1325.51 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 13; THENCE N 00°15'00"W,ALONG THE WEST LINE OF SAID SECTION 13, FOR A DISTANCE OF 1251.18 FEET; THENCE RUN N 88°57'12" E, FOR A DISTANCE OF 2900.77 FEET;THENCE RUN S 54°00'51"E,FOR A DISTANCE OF 262.56 FEET;THENCE RUN S 58°22'58" E, FOR A DISTANCE OF 335.05 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTH; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 184.00 FEET, THROUGH A CENTRAL ANGLE OF 86°33'16",SUBTENDED BY A CHORD OF 252.27 FEET AT A BEARING OF N 78°20'24" E,FOR AN ARC LENGTH OF 277.96 FEET TO THE END OF SAID CURVE AND A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE RUN S 60°51'19" E, FOR A DISTANCE OF 383.11 FEET; THENCE 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 Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 1-1 Packet Page -1634- 4/9/2013 17.C. 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,FORA 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 Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 I-2 O Packet Page -1635- 4/9/2013 17.C. DISTANCE OF 658.59 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD,THE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST WHOSE RADIUS POINT BEARS S 53°30'13" W, A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 24°21'31", SUBTENDED BY A CHORD OF 863.87 FEET AT A BEARING OF N 48°40'33" W, FOR AN ARC LENGTH OF 870.41 FEET TO THE END OF SAID CURVE; THENCE RUN N 60°51'19" W,FOR A DISTANCE OF 774.19 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST;THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 1772.36 FEET,THROUGH A CENTRAL ANGLE OF 2°32'47", SUBTENDED BY A CHORD OF 78.76 FEET AT A BEARING OF N 59°34'55" W, FOR AN ARC LENGTH OF 78.77 FEET TO THE END OF SAID CURVE,THE SAME BEING A POINT ON THE NORTH LINE OF THE SOUTH 1/2 OF SAID SECTION 13;THENCE RUN N 88°57'12" E, ALONG SAID NORTH LINE, FOR A DISTANCE OF 1601.90 FEET TO THE POINT OF BEGINNING,CONTAINING 14.772 ACRES,MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The pfeperty undeveloped portion of this PUD is currently owned by Naples Education, Inc.,and Royal Palm Academy, Inc. and Jen Florida VI, LLC. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project is located in Section 13, Township 48 South, Range 25 East and is generally bordered on the north by Agriculturally zoned land that is undeveloped, on the east by Livingston Road; on the south by Madeira PUD and Imperial Golf Estates zoned RSF-3, and undeveloped land zoned RPUD: RSF 3 and Agriculture, and on the west by Imperial Golf Estates zoned RSF-3. A 235 to 260 foot wide FPL easement overlaps the property along its eastern boundary. Livingston Road, which has a 275-foot wide right-of-way, runs parallel along the eastern property line then curves to the northwest bisecting the PUD. B. The zoning classification of the subject property at the time of PUD application is Agriculture (A) with portions having a Special Treatment (ST) overlay. A conditional use approval for the existing Royal Palm Academy has also been authorized. C. Site elevations range from 10.6 to 13.8 FT, NGVD. According to FEMA/FIRM Map Panel Number 120067 0195 D, dated June 3, 1986, the property is located within Zone X. D. Soils on the site generally include Hallandale fine sand and Boca, Rivera, Limestone Substratum and Copeland fine sand depressional. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 I-3 Packet Page-1636- Ct ' 4/9/2013 17.C. E. Existing vegetation on the site consists of melaleuca, Brazilian Pepper, palmetto prairie, pine flatw000d, cypress, Cabbage Palm and disturbed lands. Wetland areas have been heavily impacted by melaleuca. F. According to the Collier County Drainage Atlas, the site is located in the Cocohatchee River Basin. The northern portion of the site is located in the Imperial Drainage Outlet Sub-Basin; the southern portion of the site is located in the Palm River Canal Sub-Basin. The conceptual water management plan is depicted in the Surface Water Management Report which accompanied the rezone application submittal. 1.5 SHORT TITLE This Ordinance is known and cited as the "Royal Palm Academy Planned Unit Development Ordinance." Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 I-4 Packet Page -1637- 4/9/2013 17.C. SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE Section II delineates and generally describes the plan of development and identifies relationships to applicable County ordinances,policies,and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT A. Royal Palm Academy PUD is a mixed-use project and will consist of four development parcels and multiple preservation areas. Categories of land uses include those for educational campus, residential and preserve areas. The portion of the school campus will be located in the center of the property west east of Livingston Road. The Residential areas are designed to accommodate a variety of housing types. The overall project density is four(4)dwelling units per acre and the maximum units permitted in the PUD shall be 550 units. B. Exhibit A depicts the PUD Master Plan. The PUD Master Plan includes a table that summarizes land use acreage. The location, size and configuration of individual tracts shall be determined at the time of Preliminary and Final Subdivision Plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Royal Palm Academy PUD shall be in accordance with the contents of this Document, Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Land Development Code in effect at the time of building permit application. C. Unless modified, waived or excepted from this PUD Document or associated exhibits, the provisions of other sections of the land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Royal Palm Academy Strikethrough text is deleted , > PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 11-1 Packet Page-1638- �� 4/9/2013 17.C. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Land Development Code. 2.4 LAND USES A. Land uses are generally depicted on the PUD Master Plan, Exhibit A. The specific location and size of individual tracts and the assignment of square footage or units shall be determined by the developer at the time of site development plan approval,preliminary subdivision plat approval, or final subdivision plat approval subject to the provisions of Section 2.7.3.5 of the Collier County LDC. B. Infrastructure, not including roads, located internal to the PUD may be either public, private or a combination of public and private, depending on location, design and purpose. Roads internal to the education campus shall be private. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivision, unless otherwise approved during subdivision approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. 2.5 LAKE SITING A. Lakes have been preliminary sited on the PUD Master Plan and are subject to change based upon final surface water management permitting by the South Florida Water Management District, and site plan design criteria. Fill material from lakes is planned to be utilized within the PUD; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to remove additional fill from the site, a commercial excavation permit shall be required. B. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: 1. Lakes (control elevation)will be setback a minimum of thirty (30) feet from the right-of-way of Livingston Road and perimeter property lines, except that the lake located within the 38± acre preserve area may be located twenty (20) feet from the northern perimeter property line. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 II-2 Packet Page -1639- 4/9/2013 17.C. 2.6 USE OF RIGHTS-OF-WAY The Developer may utilize land within the rights-of-way within the PUD for landscaping, decorative entranceways, and unified signage. This utilization is subject to review and administrative approval during the development review process by the Community - .. - - . _ - - - . - - • _ 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 Sections 2.6.33.1, Section 3.2.6.3.6 and Division 3.3 of the LDC. B. Model Homes may be permitted in multi-family and townhome buildings and up to one 8-unit building per phase may be utilized for wet or dry models, subject to the time frames specified in Section 2.6.33 5.04.04 of the LDC. 2.8 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. 10.02.13 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application pursuant to Subsection 2.7.3.5.6 10.02.13.E.1 of the LDC. 2.9 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the development parcels may be accomplished in phases to correspond with the planned development of the property. 2.10 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS A minimum of 30% of the project shall be devoted to usable open space. A minimum of 25% of the on-site native vegetation shall be retained, consistent with Section 3.9.5.5.3 3.05.07 of the LDC as conceptually shown as preserve areas on the Exhibit "A", Conceptual PUD Master Plan. In conjunction with the residential phase(s) of construction, a minimum of four (4) ± acres of preserve area shall be shown on the applicable SDP or Plat for that residential component lying west of Livingston Road. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 II-3 Packet Page-1640- ;, 4/9/2013 17.C. 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 2.2.20 2.03.06. 1. Individual Projects a) Site Planning: Each distinct project within the PUD will provide an aesthetically appealing, identifiable path of entry for pedestrians and vehicles. The orientation of buildings and structures will be sensitive to adjacent land uses and the surrounding community. b) Landscaping: Where applicable, plantings along public rights-of way will be complimentary to streetscape landscaping. 2.13 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS A. Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the PUD. B. The maximum fence, wall or berm height internal to the PUD shall be eight (8) feet, not including those portions of walls incorporated into project identification signs. The maximum fence height shall be measured relative to the greater of the crown of the adjacent roadway or the adjacent minimum finished floor, as applicable. C. Perimeter Buffers shall maintain a minimum 50% of the required buffer width as a vegetative planting shelf (max. 10:1 slope) and return to grade shall be permitted at a 3:1 slope, or a maximum 2:1 slope when planted with native grasses(at 3 feet on center). 2.14 SIGNAGE A. GENERAL Signage shall be consistent with the LDC except as provided below: Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 II-4 Packet Page -1641- ` �� 4/9/2013 17.C. 1. Each platted parcel shall be considered a separate parcel of land. 2. Signs and decorative landscaped entrance features within a County dedicated right-of-way shall require a right-of-way permit subject to the review and approval of the County. 3. All signs shall be located so as not to cause sight line obstructions. 4. The Royal Palm Academy shall be permitted one off-site ground sign which may be located within the Collier County Public Schools access roadway and shall be no greater than 60 square feet in area. B. PROJECT ENTRY SIGNS 1. Two ground or wall-mount entrance signs maybe located at each project entrance on Livingston Road including both sides of the entrance right-of-way and in the entry median. Such signs may contain only the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 80 square feet and the total sign face area of Entrance Signs may not exceed 160 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet; a deviation from 10 feet as required by Section 2.5.5.1.1.2. 5.06.02.B.1.b of the LDC. 4. Entrance signs may not exceed a height of 8 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. C. ON-PREMISES SIGNS 1. A maximum of two residential and community facilities entrance signs may be located at each subdivision entrance including both sides of the entrance street and within the entry median. Setbacks from internal road right-of-way shall be zero feet (0') a deviation from 10 feet as required by Section 2.5.5.1.1.2. 5.06,02.B.1.b of the LDC. Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the residential property. Individual signs shall be a maximum of 80 square feet per sign face area. Such signs shall have a maximum height of 8 feet. Royal Palm Academy Strikethrough text is deleted - PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 11-5 Packet Page-1642- �� 4/9/2013 17.C. 2. The education campus area shall be permitted on-premises directional signage without restriction to number of signs to facilitate on-site pedestrian and vehicular movement, unless the signage is visible from any public right-of- way in which case said signage shall be in compliance with Division 2.5 Section 5.06.00 of the LDC. D. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. shall be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19 6.06.01.H.2 of the LDC. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS AND DEVIATIONS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. B. The Developer shall construct a minimum five (5) foot wide sidewalk from Livingston Road to the project entry, along the south side of the Collier County Public Schools access road. C. The following substitutions are requested: 1. Subsection 3.2.8.3.17 Section 6.06.02 of the LDC, Sidewalks, bike lanes and bike paths a. Sidewalks shall be provided throughout the campus area to provide pedestrian links between campus uses. The location of sidewalks within the campus area shall be shown on the final site development plan. b. A 5 ft. sidewalk shall be provided on one side of each residential street. 2. Subsection 3.2.8.4.16. Section 6.06.01 of the LDC, Streets and access improvements. a. Subsection 3.2.8.1.16.5 Section 6.06.01.0, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet, a deviation from the 60 foot width required by Appendix B of the LDC, Typical Street Sections. Drive aisles serving multi-family tracts shall not be required to meet this standard. Streets and drive aisles shall meet applicable NFPA criteria:, State Fire Code NFPA— 13.5.2.2. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 I1-6 Packet Page-1643- r-Th 4/9/2013 17.C. b. Section 3.2.8.1.16.6 6.06.01.J,Dead-end Streets Cul-de-sacs may exceed a length of one thousand(1,000)feet. c. Section 3.2.8.4.16.8,Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five(35)foot radius for intersections at project entrances. 3. Subsection 3.2.8.3.6(b) 3, Vegetation Removal and Site Filling Permit& • entirety of each phase of an approved final site plan or plat, in conjunction with infrastructure improvement,not to exceed a maximum of 25 acres per 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 Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 11-7 Packet Page-1644- r� 4/9/2013 17.C. Palm Academy. Approval of this deviation is limited to the existing,permitted 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 facade. which is in part or whole within the 150 feet of an existing building. The requested deviation is to omit the requirement for transitional massing elements for the Royal Palm Academy campus. 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. 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. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 I1-8 Packet Page -1645- cl. 4/9/2013 17.C. B. General Permitted Uses: 1. Essential services as set forth under LDC;Section 2.6.9.1 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 Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 1I-9 Packet Page -1646- 4/9/2013 17.C. 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 58 1 l± 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 47250 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 Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 III-1 Packet Page-1647- Cci 4/9/2013 17.C. C. Minimum Yard Requirements: 1. Front Yard, internal roadways or drives: Five (5)Feet 2. From Livingston Road ROW: Thirty(30) Feet 3. From Collier County Public Schools access road: Thirty(30)Feet 3. From PUD Perimeter: Thirty(30)Feet 1. From Preserve Boundaries: Principal Structure Twenty five(25)1 feet Accessory Structure Ten(10) feet D. Maximum Building Height: Fifty (50) Forty-five (45) feet zoned height and fifty-five (55) feet actual height., - - - - - - - - _ - , = - , ----related architectural features, which may be a maximum of seventy five(75) feet. E. Required Parking: 1. Parking for all permitted uses in the campus area shall be provided based on the following standards: a. School (Pre K thru grade 8)—5 spaces per 4 faculty members. b. School (grade 3 9 thru grade 12) 1 space per faculty member, plus I space per 5 students. c. No additional parking shall be required for outdoor recreational facilities, administrative offices, chapel, and other permitted uses in the Campus Area. 3. Up to 20 percent of the required parking or up to 70 percent of the parking exceeding the minimum requirements of this section may be surfaced with grass or lawn with a stabilized subgrade. F. Outdoor athletic fields are not allowed between the north property line and 360' south of the north property line. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 L11-2 Packet Page-1648- A 4/9/2013 17.C. 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 Nat approvals in accordance with the Collier County Land Development Code. Areas designated as "R" accommodate internal roadways, open space, parks and amenity areas, lakes and water management facilities, and other similar facilities that are accessory or customary to residential development. B. Areas designated as "R" are intended to provide a maximum of 550 dwelling units. 4.3 PERMITTED USES AND STRUCTURES A. Principal Uses and Structures 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. - • . - ---:'n in its current location until such campus area, at which time the existing facility shall be abandoned no later than 90 days following the issuance of the certificate of occupancy 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 Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 IV-1 Packet Page -1649- �`;�1 4/9/2013 17.C. 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. Temporary Model Sales Facility minimum 6 parking spaces per building. directly onto private roadways serving the units. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Royal Palm Academy PUD, shall be in accordance with the 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 lien 3.3. 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 Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 1V-2 Packet Page-1650- (: 4/9/2013 17.C. 1 TABLE I ROYAL PALM ACADEMY DEVELOPMENT STANDARDS FOR "R"RESIDENTIAL AREAS Permitted Uses and Single Patio&Zero Two Family Single Family Multi-Family Standards Family Lot Line And Duplex Attached and Dwellings Detached Townhouse Minimum Lot Area 5,000 SF 5,000 SF 3,500 SF 1,700 SF NA Minimum Lot Width 50' 40' 35' 17' 90' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard Setback*' 20' 20' 20' 20' 20' Side Yard Setback*' 6' 0'or 6' 0' or 6' 0' or 6' 15' Rear Yard Setback**2 15' 15' 15' 15' 15' 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 line. B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). C. If the parcel has frontage on two sides,setback is measured from the side with the longest frontage with the other frontage designed as a side yard. D. For structures with side entry garages,the minimum front yard may be reduced to 12'. **2.Rear yards for principal and accessory structures on lots and tracts which abut lake,or open space may be reduced to 0' feet;however,a reduced building setback shall not reduce the width of any required landscape buffer,as may be applicable. ***3.Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. ****4.For purposes of this Section,accessory structures shall include but not be limited to attached screen enclosures and roofed lanais. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 IV-3 Packet Page -1651- ET 4/9/2013 17.C. 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 Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 IV-4 Packet Page-1652- �r3�> 4/9/2013 17.C. SECTION V PRESERVE"P"AREAS 5.1 PURPOSE Section V establishes permitted uses and development regulations for areas within Royal Palm Academy PUD that are designated as Preserve"P"on the PUD Master Plan. 5.2 GENERAL DESCRIPTION Areas designated as "P" on the PUD Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES A. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: B. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (excluding asphalt paved trails). 2. Water management facilities. 3. Educational kiosks and shelters. 4. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Preserve Area. No building setbacks shall be applicable for any permitted structure. Maximum height for any structure shall be 25'. 5.4 PRESERVE AREA ADJUSTMENTS The proposed preserve areas depicted on the Royal Palm Academy PUD Master Plan are intended to meet the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservation areas at the time of preliminary plat or site development plan approval based on jurisdictional agency permit requirements. If adjustments are needed, the Developer will have the option to increase the preservation in other areas, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The Preserve area shall consist of a minimum of 39 acres of native vegetation. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 V-1 Packet Page -1653- 4/9/2013 17.C. SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Royal Palm Academy,Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff. and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out. then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 6.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 VI-1 Packet Page-1654- 4:ar� 4/9/2013 17.C. to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 6.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents arc submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with 3.2. Subdivisions. 6.6 SURFACE WATER MANAGEMENT in accordance with the Rules of the South Florida Water Management District (SFWMD), this project shall be designed for a storm event of 3 day duration and 25 year return frequency. A. The project will be permitted with the South Florida Water Management District SFWMD, will be pfeviiled to Collier Cep . • • •• - - •-- •- - - County permits. B. Lakes shall be designed in accordance with cross sections as shown on Surface Water Management Plan, Exhibit"B". Final construction plans will be reviewed and approved by Collier County Engineering Services Staff. 6.7 6.4 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or conveyed, owned and maintained in accordance with Collier County Ordinance Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 VI-2 Packet Page-1655- c.A) 4/9/2013 17.C. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. A. A portion of the project is located within Collier County Wellfield Protection Zone WS/4. Development within the Royal palm Academy PUD shall be consistent with Division 3.16 Section 3.06, Groundwater Protection of the LDC. 1)713. 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. 64 6_5 TRAFFIC The development of this PUD Master Plan shall be subject to and governed by the A. All traffic control devices used must be in accordance with the traffic control standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes Chapter 316 Uniform Traffic Control Law. t . -- -• - - Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes Chapter 316 Uniform Traffic Control Law. C. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy. D. External and internal improvements determined by Collier County Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. E. Road Impact Fees will be paid in accordance with Collier County Ordinance 2001 13, as amended. submittals) are conceptual in nature and subject to change, as determined by Collier County Staff. The .- - - -- •• t to modify or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 VI-3 Packet Page-1656- 1 Aol 4/9/2013 17.C. e public road will be maintained at all times and the County is prohibited from County "cccs. '`Management Policy, as amended, and Land Development Code , . _ . . . .-- - - - - -- . - . _ - ' authority. The County reserves the right to modify or close any median of the public. These include but are not limited to safety concerns, operational • right in/right out condition. Neither will the existence of nor lack of a future median opening be the basis for any future cause of action for damages against the County by the Developer(s), its successor(s) in title, or assignee(s). I. The development will be designed to promote the safe travel of all users including document pedestrian and bicycle travel ways will be separated from vehicular traffic areas in accordance with recognized standards and safe practices. J. The Developer(s) must provide any and all site related transportation related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right of way and/or compensating right of way, will be provided K. All work within Collier County right of way will meet the requirements of Collier County Ordinance No. 93 61. IT 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). 44 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. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 VI-4 Packet Page -1657- r{^ 4/9/2013 17.C. Livingston Road. When justified by traffic warrants, this intersection shall be signalized. O. The Developer is not obligated to permit or construct Marquis Boulevard. However in the event that Marquis Boulevard is constructed by a third party, any third party for use in permitting and constructing Marquis Boulevard if such credits are permitted to be utilized by applicable governmental agencies. P.C. An access and utility easement in the general area depicted on the conceptual PUD Master Plan, located along the northern property line and east of Livingston Road, shall be conveyed to the property owners to the north, provided that the Developer's share of the cost of constructing any roadways, landscaping and utilities within the easement is not greater than 1/3 the actual cost of constructing the roadway, landscaping and utilities. 6.9 6_6 PLANNING Pursuant to Section 2.2.25.8.1 4.07.02 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6_7 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, shall be submitted to Environmental Services Staff for review and approval prior to Final Site Development Plan/Construction Plan approval for all parcels included on that project. B. A minimum of thirty (30) percent of the gross site area shall be open space, as described in Section 2.6.32 of the Land Development Code. A minimum of 39 acres of native vegetation must be retained within the PUD. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetlands in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Review Staff. D. The petitioner shall comply with the guidelines and recommendations of the US Fish and Wildlife Service (USFWS and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species and their Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised:2/21/13 VI-5 Packet Page -1658- IOi 4/9/2013 17.C. habitats on site. A Habitat Management Plan for those species shall be submitted to Environmental Services staff for review and approval prior to final site plan/ construction plan approval. At a minimum, a plan shall be provided for woodstorks that were observed on site. E. Setbacks from preserves shall be as required in the Royal Palm Academy PUD, Table 1. F. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. G. A current gopher tortoise survey shall be submitted prior to the first development order approval. A gopher tortoise management plan may be required at this time. Royal Palm Academy Strikethrough text is deleted PUDA-PL-2012-1225 Underline text is added Last Revised;2/21/13 VI-6 Packet Page -1659- 4/9/2013 17.C. J:12135.O1 Royal Pala AulOCAD1285-01-05 PUDA Exh9Ht(Change Campus to Resldentlal)(Rev0112B5010501.8x11.dwg 10/12/2012 10:35(37 AM - -— ;p CD 37 T P, a w r.1 -` (n DC00c--n0>ZZ-71Z001-n Tm DD1Zz Mn* DvtnD nvD C)D mccA'n A-ZI-r<m mZ 4''10 zi-Z4 ZIC (nZ vZODD MOD c)�2r OPar Or. 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I A M: l m z w co m C 1 M. i x m CO W a cn µ ifs H. hF 1+ 1?) z I(:' :_'.:r ./¢i/)/ / _T <2 N n°t A�vz-cnlC `;1 .0,rnl : . ..i / m: II 71 mZD ZDIC c -�IZI '4 I �I� �� ���`X Ao z m o m t z..— - �j III o m u, FPL EASEMENT , z n -'I . a 70 ,�FPL EASEMENT n m -1 "B;1T °' — ` ' m r _ 11 I- 6'CHAIN LINK FENCE I- ,I v 73 10 m 1 r C p 4 c D 0? m w 1 r C m c;° -1 OD-I ',. m°-0 -no- mo.< CO(n20(nmzoOcIrr. mc°i)x °O C -0c ADm ma)-0 cn m. iz0.G2'•)�Z iZC 7JDm {�� m m W -0 m z m C, C> m m SCALE: N.T.S. r Q VISE REVISIONS ROYAL PALM ACADEMY PUD WALDROP 10!11/12 REVISED PER COUNTY COMMENTS ENGINEERING CLIENT: ROYAL PALM ACADEMY,INC. PUD MASTER PLAN v'se sorts=war sow-ammo....�0111.01.114q1 Packet Page-1660- CI 4/9/2013 17.C. 32D D Wednesday, March 20, 2013 )) NAPLES DAILY NEWS. NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE ' Notice is hereby given that on,Tuesday,April 9,2013, in the Boardroom,3rd Floor, Administration Building, Collier. County Government Center, 3299 East Tamiami Trail, Naples Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance 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 REDUCING THE SIZE OF THE SCHOOL CAMPUS FROM 50 TO 11 ACRES;BY MOVING THE PERMANENT CAMPUS TO THE EAST SIDE OF UVINGSTON ROAD;BY REDUCING THE STUDENT POPULATION FROM 1,250 TO 500 STUDENTS; BY REDUCING THE CAMPUS BUILDING HEIGHT TO.50 FEET;.BY,AMENDING THE MASTER PLAN;,BY DELETING THE SURFACE WATER MANAGEMENT PLAN; BY ADDING DEVIATIONS AND REVISING AND DELETING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON LIVINGSTON ROAD IN SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 163+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are 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 administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If. recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located.at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, • (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK • By:Teresa'Cannon,Deputy Clerk • (SEAL) March 70.2013 No.1982773 • Packet Page-1661-