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Ordinance 2012-05'.7 l.:T -P pn F 0924'32 ORDINANCE NO. 12- n 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMUNITY FACILITY (CF) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS COMMUNITY SCHOOL OF NAPLES CFPUD, LOCATED AT 13275 LIVINGSTON ROAD IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 73 +/- ACRES SUBJECT TO CONDITIONS; BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 2000 -06 AND 2004 -33, AS AMENDED; AND BY PROVIDING AN EFFECTIVE DATE. rte- - co f'i _- WHEREAS, RWA, Inc., representing Community School of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, located at 13275 Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida, is changed from a Community Facility (CF) Zoning District to a Community Facility Planned Unit Development (CFPUD) Zoning District for a 73 +/- acre project known PL DZ -PL201 10002 1 15 /Community School of Naples CFPUD m as the Community School of Naples CFPUD, in accordance with the CFPUD document attached hereto as Exhibit A and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Numbers 2000 -06 and 2004 -33, as amended, which established the CF Zoning District for the subject property, are hereby repealed in their entireties. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this o?Y'4—'day of , 2012. ATTEST: DWIG1jT E. BRO By Appro�kd as to and legal suffic ;K, CLERK r .c ut C�erk n � _�7c Steven T. Williams Assistant County Attorney I I - CPS - 01123/4 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman This ordinonce filed with the cry of te' rtf day o and acknowledgefilin,,g ece'ved this of j3 L M PUDZ -PL201 10002115 /Community School of Naples CFPUD 2 I EXHIBIT A PROJECT LAND USE TRACTS TRACT LAND USE ACREAGE± TRACT "CF" COMMUNITY FACILITY 71.34 TRACT "P" PRESERVE 1.66 TOTAL ACREAGE 73.00 TRACT CF PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Child care centers; 2) Civic and cultural facilities; 3) Museums; 4) Parks and playgrounds, noncommercial recreation facilities, open space uses; 5) Schools, private and parochial schools. This includes Educational Plants for public schools; 6) Social and fraternal organizations; 7) Educational services (groups 8211- 8231); 8) Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the Land Development Code (LDC). B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Customary accessory uses and structures associated with schools including but not limited to: administrative offices; theaters; auditoriums; pavilions; gymnasiums; residence halls; swimming pools with or without screened enclosures; aquatic centers; ball fields, with or without grandstands/stadium seating; press boxes; practice fields; track and field facilities and field houses, tennis courts, athletic equipment and general storage buildings, and other indoor or outdoor recreation facilities, maintenance and landscape storage; 2) Security gatehouses; 3) Polling place if deemed warranted by the Supervisor of Elections. Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 1 of II TRACT P PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Upland preserves; 2). Wetland preserves. B Accessory Uses and Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, shelters, viewing platforms, educational signs, and information kiosks; 2. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements; Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 2 of EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of Community School of Naples CFPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision plat, site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Table I below sets forth the development standards for land uses within the CFPUD Community Facility Subdistrict (Tract "CF "). Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Community School of Naples PL- 20110002115 CCPC Revisions 12/16/2011 Page 3 of 9 TABLE I COMMUNITY FACILITY DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS COMMUNITY FACILITIES PRINCIPAL STRUCTURES MINIMUM LOT AREA 10,000 S.F. MINIMUM LOT WIDTH LINEAR FEE 80 FEET MINIMUM FLOOR AREA 1,000 S.F (GROUND FLOOR) MIN FRONT YARD 25 FEET MIN SIDE YARD 15 FEET MIN REAR YARD 15 FEET MIN PRESERVE SETBACK 25 FEET MIN. DISTANCE BETWEEN STRUCTURES 1/2 SUM OF BUILDING HEIGHTS MINIMUM 25 FEET ZONED - MAX. BUILDING HEIGHT (NOT TO EXCEED 45 FEET* ACCESSORY STRUCTURES FRONT S.P.S. SIDE S.P.S. REAR S.P.S. PRESERVE SETBACK 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET ZONED - MAX. BUILDING HEIGHT (NOT TO EXCEED S.P.S. S.P.S. = Same as Principal Structures *Actual height: 71 feet (Existing LMA building) Community School of Naples PL-20110002115 CCPC Revisions 12/16/2011 Page 4 of EXHIBIT C MASTER PLAN I I ,3 jU1 1�� g�QBQ` PCPs I O ca I I 4 ell i. I , Fir , x >• RS . bRa� � )� :) �. - ,'R 4s r) 3 yEri� i 4�R +g< � )MI'x�` /i Xn • j1 � (ig Fp�7 �p�� r1t ��,� � } ti >o�?s R 1• � �� •`'° � ; I s 407 r w : i�gs ca tY f 5•. _. ., i xzA xrt gix?x� 'h 1w d� z , ik E iYs3p i� I 3 e x+ IM�R 1�G� itsi +i�1 �� i9rkk {��kkr. ii I r riT G °Fr, aTI R rri :�T i4xfax qi � <.Y�s`+ a 1:'5 A". c ,j F L i m i R y 1 I� + I Mil JOl W1 Ha Community School of Naples PL-20110002115 CCPC Revisions 12/16/2011 Page 5 of 9 EXHIBIT D Legal Description (Preliminary legal, pending title work) A PARCEL OF LAND LYING IN THE EAST ONE- QUARTER (1/4) OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST ONE - QUARTER (1/4) OF SAID SECTION 12, S89 °30'40 "E FOR 1386.36 FEET; THENCE ALONG THE WEST LINE OF THE EAST ONE - QUARTER OF SAID SECTION 12, THE FOLLOWING SIX (6) DESCRIBED COURSES: 1) THENCE N00 °05'00" W FOR 75.00 FEET, TO THE SOUTHWEST CORNER OF PARCEL 106 (FEE SIMPLE) AS DESCRIBED IN OFFICIAL RECORDS BOOK 2952, PAGE 1616 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; 2) THENCE ALONG THE WEST LINE OF SAID PARCEL 106, N00 °05'00 "W FOR 10.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE N00 °05'00" W FOR 1235.06 FEET; 4) THENCE N00 °05'25 "W FOR 1015.36 FEET; 5) THENCE N00° 10'26" W FOR 304.90 FEET 6) THENCE N00 °29'43 "W FOR 1219.68 FEET, T -O AN INTERSECTION WITH THE SOUTHERLY BOUNDARY OF OSCEOLA TRAIL (SHOWN ON SKETCH AND LEGAL DESCRIPTION PREPARED BY HOL.F: MONTES DATED 9/01 PROJECT NUMBER 1998149, DRAWING NUMBER B- 3404); THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID OSCEOLA TRAIL, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) TFIENCE' S89 °33'47 "E FOR 200.20 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 2) TIILNCE 172.82 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 285.00 FEET, THROUGH A CENTRAL ANGLE OF 34 044'38 ", AND WHOSE LONG CHORD BEARS S72 °1 1'29 "E FOR A DISTANCE OF 170.19 FEET, TO THE BEGINNING OF A NON - TANGENTIAL CURVE, ALSO BEING A POINT ON THE BOUNDARY OF A LAKE PARCEL DESCRIBED BY HOLE MONTES DATED 2/03, PROJECT NUMBER 03.515, DRAWING NUMBER B -4162; THENCE ALONG SAID LAKE PARCEL BOUNDARY, THE FOLLOWING NINE (9) DESCRIBED COURSES: 1) THENCE 7.88 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 10 °01'58 ", AND WHOSE LONG CHORD BEARS S80 003'03 "W FOR A DISTANCE OF 7.87 FEET; 2) THENCE S36 °05'39 "W FOR 106.66 FEET TO THE BEGINNING OF A NON - TANGENTIAL CURVE; 3) THENCE 34.38 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 43 046'27 ", AND WHOSE LONG CHORD BEARS S24 044'14 11E FOR A DISTANCE OF 33.55 FEET, TO THE BEGINNING OF A NON- TANGENTIAL CURVE; 4) TFIENCE 36.47 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 155.04 FEET, THROUGH A CENTRAL ANGLE OF 13 °28'45 ", AND WHOSE LONG CHORD BEARS S39 053'07 "E FOR A DIST ANCE OF 36.39 FEET, TO THE BEGINNING OF A NON - TANGENTIAL CURVE; 5) THENCE 71.28 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 120.00 FEET, THROUGH A CENTRAL ANGLE OF 34 002'07 ", AND WHOSE LONG CHORD BEARS S50 °36'17 "E FOR A DISTANCE OF 70.24 FEET; 6) THENCE S67 °37'21 "E FOR 62.82 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 7) TFIENCE 59.78 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 120.00 FEET, 'THROUGH A CENTRAL ANGLE OF 28 032'28 ", AND WHOSE LONG CHORD BEARS S81 053139 11E FOR A DISTANCE OF 59.16 FEET: 8) THENCE N83 °50'03 "E FOR 23.32 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; 9) THENCE 54.37 FEET ALONG A CURVE TO "THE LEFT, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 89 °00'31 ", AND WHOSE LONG CHORD BEARS N39 °19'12 "E FOR A DISTANCE OF 49.07 FEET, TO THE BEGINNING OF A NON - TANGENTIAL CURVE, ALSO BEING A POINT ON THE SOU THERLY BOUNDARY OF SAID OSCEOLA TRAIL; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID OSCEOLA TRAIL, THE FOLLOWING TWO (2) DESCRIBED COURSES: Community School of Naples PL-20110002115 CCPC Revisions 12/16/2011 Page 6 of 9 1) THENCE 244.65 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 385.00 FEET, THROUGH A CENTRAL ANGLE OF 36 024'34 ". AND WHOSE LONG CHORD BEARS S71 °2 1'30 "E FOR A DIS "I ANCE OF 240.56 FEET: 2) THENCE S89 °33'47 "E FOR 306.64 FEET, TO AN INTERSECTION WITH THE WESTERLY RIGHT -OF- WAY LINE OF LIVINGSTON ROAD (COUNTY ROAD 881, AS SHOWN ON THE PLANS FOR COUNTY PROJECT NUMBER 62071 DATE STAMPED 7/16/02 a 12:29:34 PM); THENCE ALONG THE WESTERLY RIGHT -OF -WAY LINE OF SAID LIVINGSTON ROAD, THE FOLLOWING FOUR (4) DESCRIBED COURSES: 1) THENCE S00 °50'38 "E FOR 134.04 FEET; 2) THENCE N89 010'59 "E FOR 10.00 FEET; 3) THENCE S00 050'38 "E FOR 783.66 FEET TO A BREAK POINT AS OFFSET FROM THE EAST LINE OF SECTION 12; 4) THENCE S00 °17'36 "E FOR 1316.08 FEET; THENCE LEAVING SAID LIVINGSTON ROAD WESTERLY RIGHT -OF -WAY, N89 030'32 "W FOR 235.06 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF FLORIDA POWER AND LIGHT COMPANY UTILITY EASEMENTS AS DESCRIBED IN OFFICIAL RECORDS BOOK 162, PAGE 211 AND OFFICIAL RECORDS BOOK 429, PAGE 356 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND AS SHOWN IN ROAD BOOK 2, PAGE 98 -101 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WESTERLY BOUNDARY OF SAID EASEMENTS, S00 017'18 "E FOR 521.25 FEET; THFNCE N89 031'12 "W FOR 181.55 FEET; THE:NC. S00° 10'47 "E FOR 139.04 FEET, TO A POINT ON THE MONUMENTED NORTH LINE OF THE SOUTH HALF (1/2) OF THE SOUTHEAST ONE- QUARTER (1/4) OF THE SOUTHEAST ONE - QUARTER (1/4) OF SAID SECTION 12; THENCE: ALONG SAID MONUMENTED NORTH LINE, N8903 1'23"W FOR 591.69 FEET, TO A POINT ON THE MONUMENTED EAST LINE OF THE WEST 100 FEET OF THE EAST ONE - QUARTER (1/4) OF SAID SECTION 12; THENCE ALONG SAID MONUMENTED EAST LINE OF THE WEST 100 FEET OF THE EAST ONE - QUARTER (1 /4). S00 °05'41 "E FOR 575.60 FEET, TO THE NORTHEAST CORNER OF SAID PARCEL 106; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 106, N89 °21'57 "W FOR 99.95 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3,181,994.68 SQUARE FEET OR 73.0 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICT IONS OF RECORD. Community School of Naples PL-20110002115 CCPC Revisions 12/16/2011 Page 7 of 9 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Subsection 4.06.02.C.4., which requires a 20' Type D buffer along all rights -of -way for projects of 15 acres or more, to allow a 15' Type D buffer. Deviation #2 seeks relief from LDC Subsection 4.03.08(B)1., and Section 22 -112 of the Code of Ordinances related to requirements for excavations, to allow the existing perimeter buffer to encroach into the lake maintenance easement area. Deviation #3 seeks relief from LDC Subsection 4.06.02.C.4., which requires a 20' Type D buffer along all rights -of -way for projects of 15 acres or more, to allow for no buffer adjacent to the easternmost water management pond along Osceola Trail. Deviation #4 seeks relief from LDC Subsection 4.06.02.C. L, which requires a 10' Type A buffer between CFPUD and AG zoning districts, to allow for no buffer along a short segment of the project boundary where the existing roadway abuts the boundary. Community School of Naples PL-20110002115 CCPC Revisions 12/16/2011 Page 8 of 9 EXHIBIT F LIST OF DEVELOPER COMMITMENTS The development of this CFPUD shall be subject to and governed by the following conditions: TRANSPORTATION Reserved ENVIRONMENTAL Reser\ ed PLANNING Reserved WATER MANAGEMENT Reserved Community School of Naples PL-20110002115 CCPC Revisions 12/16/2011 Page 9 of 9 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012 -05 Which was adopted by the Board of County Commissioners on the 24th day of January, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of January, 2012. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board ,�6f � - ^' County Commissioner's - By: Ann Jenne j ona4 - Deputy Clerk