Ordinance 2004-49
ORDINANCE NO. 04 - 49
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING ORDINANCE NUMBER 91-
102, AS AMENDED, THE COLLIER COUNTY LAND::;.
DEVELOPMENT CODE, OR ITS SUCCESOR, WHICH;:;
INCLUDES THE COMPREHENSIVE ZONING REGULA TIONS~-::
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, .,.. c.)
FLORIDA BY AMENDING THE APPROPRIA TE ZONING fi' '. .:;::)
ATLAS MAP(S) TO CHANGE THE ZONING CLASSIFICATION 171 S;
OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" ~'.:I,. 'f)
RURAL AGRICULTURAL AND "PUD" PLANNED UNIT g';::: u¡
DEVELOPMENT ZONING DISTRICT TO A "PUD" PLANNED ~;~ 0
UNIT DEVELOPMENT KNOWN AS SUMMIT PLACE IN
NAPLES PUD CONSISTING OF 98.47± ACRES AND A
MAXIMUM OF 394 DWELLING UNITS. THE SUMMIT PLACE
PUD IS LOCATED ON THE WEST SIDE OF COLLIER
BOULEVARD (C.R. 951 ) APPROXIMATELY 1/4 MILE NORTH
OF WOLFE ROAD IN SECTION 34, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 2000-76, THE
FORMER HIBISCUS VILLAGE OF NAPLES PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Dwight H. Nadeau, of RW A, Inc., representing Waterways Joint Venture IV,
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 herein described real property located in Section 34,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural
Agricultural and "PUD" to "PUD" Planned Unit Development in accordance with the Summit
Place in Naples PUD Document, attached hereto as Exhibit "A" and incorporated by reference
herein. The appropriate zoning atlas map or maps as described in Ordinance Number 91-102, as
amend~d the Collier County Land Development Code, or its successor, is/are hereby amended
accordingly.
SECTION TWO:
Ordinance 2000-76, known as the Hibiscus Village PUD, adopted on November 28, 2000,
by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
AR-2003-4046
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, Ihis .?l1f-bday of 9 fA /, r ' 2004.
BOARD OF COUNTY COMMISSIONERS
COLL::COUÇÆ::A d~_
DONN FIALA, CHAIRMAN
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- '. . . '.. I , _ ( .
I. :r.E.'BROCK;CLERK
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Apptoý~das to Fortn ." . .:..
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and Legar~µffiüiency, ,.~:'-;'\ _
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Marjori . Student
Assistant County Attorney
PUD-2oo3-AR-4046/RM
AR-2oo3-4046
This ordinance filed with ~~,
Secretary of Stote's Office th~
.,30~ doy of :j1~, ¡"Oø
and acknowledgement~f thát
fili~ received this .:L- day
of U.l3~ ~ bl)
B A~D h)
Y, Deputy Clerk
2
SUMMIT PLACE IN NAPLES RPUD
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING SUMMIT PLACE IN NAPLES RPUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
W A TERW A YS JOINT VENTURE IV
14627 COLLIER BOULEVARD, NAPLES, FLORIDA 34]20
PREPARED BY:
"RWTA"
C()NSULTING
......" Y 'f..L .....
3050 NORTH HORSESHOE DRIVE
SUI TE 270
NAPLES, FLORIDA 34104
And
GOODLETTE COLEMAN & JOHNSON, P.A.
400 I T AMIAMI TRAIL NORTH
SUITE 300
NAPLES, FLORIDA, 34] 03
DATE REVIEWED BY CCPC
DA TE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
7 ~lii/ ~. Y-
.toO -
1 -7
"EXHIBIT A"
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TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance
Section I Property Ownership and Description
Section II Project Development Requirements
Section III
Section IV
Section V
Appendix "A"
Residential Development Standards
Preserve Area
Development Commitments
Typical Cross Sections
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III-I
IV-I
V-I
A-I
LIST OF EXHIBITS. TABLES. AND APPENDIX
EXHIBIT "A"
RPUD MASTER PLAN
TABLE I
PROJECT LAND USE TRACTS
TABLE II
RESIDENTIAL DEVELOPMENT
ST ANDARDS
APPENDIX "A"
TYPICAL CROSS SECTIONS
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STATEMENT OF COMPLIANCE
The development of approximately 98.4 acres of property in Collier County, Florida as a Planned
Unit Development to be known as Summit Place In Naples RPUD will be in compliance with the
goals, objectives and policies of Colliér County as set forth in the Growth Management Plan. The
residential and recreational facilities of the Summit Place In Naples RPUD are consistent with the
growth policies, land development regulations, and applicable comprehensive planning objectives
of each of the elements of the Growth Management Plan for the following reasons.
I. The subject property for development is within the Urban Mixed Use DistrictlUrban
Residential Subdistrict as identified on the Future Land Use Map as provided for in
Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are
consistent therewith.
2. The project is proposed to be a residential development located within the Urban-Mixed Use
District, as identified on the Future Land Use Map from the FLUE, of the Collier County
Growth Management Plan. The Density Rating System of the FLUE provides for a base
density of four (4) dwelling units per gross acre. The proposed density of the Summit Place
In Naples RPUD is 4.0 units per gross acre, which is what is provided for by the FLUE
Density Rating System, and is therefore consistent with the FLUE, Policy 5.1. of the Collier
County Growth Management Plan.
3. The development standards contained in this Document, combined with the requirements of
the Land Development Code will insure that the proposed development will be compatible
with and complementary to existing and planned surrounding land uses as required by
Policy 5.4 of the FLUE.
4. The development commitments and standards contained in this Document, as well as the
requirements of the Land Development Code will assure compliance with Policy 3.1 of the
FLUE.
5. The Summit Place In Naples RPUD is consistent with and furthers Policy 5.5 of the FLUE
in that it is using existing land zoned (designated) for urban uses.
6. The Summit Place In Naples RPUD implements Policy 5.6 of the FLUE in that more than
60% of the project will be open space or reserved for conservation purposes.
7. The Master Development Plan, with its extensive natural area, lakes and open space areas,
and with its moderate residential density, will insure that the developed project will be an
attractive and enjoyable residential development.
8. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project
name of the Summit Place In Naples RPUD.
1.2 LEGAL DESCRIPTION
COMMENCING AT THE EAST 14 CORNER OF SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF THE NORTHEAST 14 OF SAID SECTION 34
AND ALSO BEING THE EAST RIGHT-OF-WAY LINE OF COLLIER BOULEVARD
(FORMERLY COUNTY ROAD 951), NORTH 02° 15'04" WEST 669.24 FEET;
THENCE LEAVING THE SAID EAST LINE, NORTH 89°52'43" WEST 100.09 FEET,
TO A POINT LYING ON THE WEST RIGHT -OF- WAY LINE OF SAID COLLIER
BOULEV ARD, AND THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
THENCE LEAVING THE SAID WEST RIGHT-OF-WAY LINE, NORTH 89052'43"
WEST 2544.16 FEET;
THENCE ALONG THE SAID WEST LINE, NORTH 02°15'24" WEST 2006.94 FEET,
TO THE NORTHWEST CORNER OF THE SAID NORTHEAST 14;
THENCE ALONG THE SAID NORTH LINE OF THE NORTHEAST 1/4, SOUTH
89°55' 19" EAST 1322.18 FEET;
THENCE LEAVING SAID NORTH LINE OF THE NORTHEAST 14, SOUTH 02015'14"
EAST 669.31 FEET;
THENCE SOUTH 89°54'27" EAST 1222.07 FEET, TO A POINT LYING ON THE WEST
RIGHT-OF-W A Y LINE OF SAID COLLIER BOULEVARD;
THENCE ALONG SAID WEST RIGHT -OF- WAY LINE, SOUTH 02° 15'04" EAST
1339.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED.
CONTAINING 98.41 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Waterways Joint Venture IV
Waterways Joint Venture IV
Waterways Joint Venture IV
Waterways Joint Venture IV
Waterways Joint Venture IV
Waterways Joint Venture IV
Waterways Joint Venture IV
(Folio No. 00204640004);
(Folio No. 00204600002);
(Folio No. 00203640005);
(Folio No. 00203640102);
(Folio No. 00204080004);
(Folio No. 00204240006); and
(Folio No. 00204320007).
1.4 DEVELOPER
The Summit Place In Naples RPUD is intended to be developed by Waterways Joint
Venture IV. All references to the "Developer" as may be contained in this RPUD Document
shall mean Waterways Joint Venture IV, unless, and until the subject property described and
depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of
Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance, or
assignment of the subject property described and depicted in this RPUD Document within
six months from the actual conveyance, or assignment.
1.5 PHYSICAL DESCRIPTION
The development property is located in the east half of Section 34, Township 48 South,
Range 26 East. The proposed project site is presently undeveloped, but has been disturbed
on portions of the property by clearing and off-road vehicle use. Historically timbering and
cattle grazing have occurred on the property. The property's jurisdictional wetlands have
been infested with the exotic species Melaleuca. The property is generally without
topographic relief, with elevations ranging from 9.02 feet to 13.7 feet above mean sea level.
The site contains areas of jurisdictional wetlands that are characterized as transitional
wetlands in which the predominant vegetation is a mix of pine and cypress and associated
upland and wetland plants, with an mixture of Melaleuca.
The water management system consists of approximately 15.74 acres of water management
areas that will receive run-off from structures and parking areas. Run-off is collected by
catch basins and culvert systems for conveyance to the project's internal lake system. The
lakes are interconnected by culverts and/or the preserve areas, with project outfall being at
the project's southwest corner. Discharge will be into the wetland preserve in the southwest
corner of the project site. Flow will continue overland to eventually be collected into the
Islandwalk Water Management System, with ultimate discharge into the 1-75 Canal in
accordance with Collier County Ordinance No. 90-10, as amended, which incorporates the
Harvey Basin Study.
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1.6 PROJECT DESCRIPTION
The Summit Place In Naples RPUD shall be a residential development conslstmg of
attached single-family housing in a townhouse configured, multi-unit building. Each unit is
intended to be sold fee simple", including the platted lot upon which the residential unit is
located. The amenities proposed to be provided in the project include structures and areas to
provide social and recreational space, lakes, natural and landscaped open spaces, and a
variety of passive and active recreational opportunities. It is anticipated that the project will
have a single clubhouse tract, that will be developed with the actual clubhouse, and outdoor
recreational improvements including swimming pools, tennis courts, a playground, and
potentially a basketball court and volley ball court.
Access to the property will be from Collier Boulevard (C.R. 951). That segment of Collier
Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved
with a six-lane divided roadway, programmed to commence construction in 2005 (Capital
Road Project #65061).
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone facilities. Additional services will be provided as deemed
appropriate.
Summit Place is also providing access, potable water, sanitary sewer, electric power, and
telephone to sixteen single-family housing units in a townhouse configuration in the GGFD
Station 73 Mixed Use Planned Unit Development, abutting to the south.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Summit Place In Naples Residential
Planned Unit Development Ordinance".
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
Summit Place In Naples RPUD development, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Summit Place In Naples RPUD shall be in
accordance with the contents of this Document, the RPUD-Planned Unit
Development District and other applicable sections and parts of the Collier County
Land Development Code in effect at the time of building permit application. Where
these RPUD regulations or successor provisions, fail to provide developmental
standards, then the provisions of the most similar district in the County Land
Development Code, or successor provisions, shall apply.
B. This RPUD Document and attendant RPUD Master Plan is generally tailored to
provide specific development standards for the residential product proposed by the
developer.
C. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code, or successor
provisions, in effect at the time of building permit application.
D. All conditions imposed and all graphic material presented depicting restrictions for
the development of the Summit Place In Naples project shall become part of the
regulations that govern the manner in which the RPUD site may be developed.
E. Unless modified, waived or exempted through the approval of a deviation stated
herein, the provisions of the Land Development Code, or successor provisions,
remain in full force and effect with respect to the development of the land that
comprises this RPUD Zoning District.
F. 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 County Land Development Code, or successor provisions.
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets, sidewalks, pedestrian trails and
use of land is illustrated graphically by Exhibit "A", RPUD Master Plan.
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TABLE I
PROJECT LAND USE TRACTS
TYPE UNITS 1FT. ACREAGE±
TRACT "R" RESIDENTIAL 394 69.2
TRACT "RA" RECREA TION AREA 0 2.3
TRA CT "P" PRESERVE 0 26.9
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas, lakes and intermittent wet and
dry areas shall be in the same general configuration and contain the same general
acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other
boundaries may be permitted at the time of final plat or site development plan
approval, subject to the provisions of Subsections 3.2.6.3.5. and 2.7.3.5. respectively,
of the Collier County Land Development Code, or successor provisions, or as
otherwise permitted by this RPUD Document.
C. In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within or
along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 394 residential dwelling units may be constructed in the total project area.
The gross project area is approximately 98.4 acres. The gross project density, therefore, will
be a maximum of 4.0 dwelling units per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to development order issuance for all or part of the RPUD, final plans of all
required improvements shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the RPUD Master Plan and the
Collier County Land Development Code, or successor provisions.
B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan.
Any division of property and the development of the land shall be in compliance
with Division 3.2 of the Collier County Land Development Code, or successor
provisions, and the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code, or
successor provisions, when applicable, shall apply to the development of all platted
tracts, or parcels of land as provided in said Division prior to the issuance of a
building permit or other development order, except in the case in which individual
residential units within a multi-unit building will be conveyed in a fee simple
manner, including each individual lot. Deviation from Division 3.3 of the Land
Development Code, or successor provisions.
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D. Appropriate instruments will be provided at the time of infrastructural improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities. Additionally, the developer (being the owner and developer of 4
acres to the south), his successors, or assigns, will be responsible for the perpetual
maintenance of the infrastructural improvements and common facilities associated
with the residential component of the GGFD Station 73 MPUD to the south.
E. Prior to the development of single-family attached units following the development
standards set forth in Table II of this Document, in which each unit is on a separate
platted lot, the developer shall submit additional pages in the Improvement Plans
required by Section 3.2.8. of the Land Development Code, or successor provisions,
to show typical lots, and typical footprints of the proposed attached single-family
residences, including any anticipated accessory structures to the Planning Services
Department. The purpose of these additional sheets is to depict the unit/building
relationship with project boundaries and lot lines, provision for achieving the
minimum space between attached single-family buildings, and to ensure that no one
lot is adversely impacted by failing to provide the required side-yard in a uniform
manner. It must be understood that no side-yards are required between units, where
multiple units, intended for fee simple conveyance, including each individual lot, are
contained in a single principal structure.
2.6 LAKE SETBACK AND EXCA VA TIONS
A. Lake setbacks shall conform with the requirements described in Subsections
3.5.7.1.1., and 3.5.7.1.2. of the Land Development Code, or successor provisions.
Lakes may be excavated to the maximum commercial excavation depths set forth in
Subsection 3.5.7.3.1. of the Land Development Code, or successor provisions.
Removal of fill from the Summit Place In Naples RPUD shall be limited to an
amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total
volume excavated unless a commercial excavation permit is received.
2.7 RIGHTS-OF-W A Y
A. All platted project streets shall have a minimum 50-foot right-of-way. A deviation
from Section 3.2.8.4.16.5., of the Land Development Code, or successor provisions,
for cul-de-sac and local streets, and LDC Appendix B, Typical Street Section, B-4
and B-5 which requires 60 feet, to allow 50 feet. (See Appendix "A", Typical Cross
Sections, and Exhibit A, RPUD Master Plan). These streets shall be private, and
shall be classified as local streets.
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B. Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, for engineering and safety considerations
prior to installation.
C. Tangents between reverse curves are not required for any local street design in this
RPUD. A deviation from Section 3.2.8.4.16.] O. of the Land Development Code, or
successor provisions.
2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN
Changes and amendments may be made to this RPUD Ordinance or RPUD Master
Development Plan, Exhibit "A", as provided for in Subsection 2.7.3.5. of the Collier County
Land Development Code, or successor provisions, except as limited by PUD Document
Section Summit Place in Naples RPUD.
2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shall be provided for water management areas, rights-of-way, and utilities. 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 of final plat approval.
Whenever the developer elects to create land areas and/or recreation amemtles whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of residential units or real property within the Summit Place In Naples RPUD,
the developer shall provide appropriate legal instruments for the establishment of a Property
Owners' Association, or Master Condominium Association, whose function shall include
provision for the perpetual care and maintenance of all common facilities and open space.
subject further to the provisions of Subsection 2.2.20.3.8. of the Collier County Land
Development Code, or successor provisions.
2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
A. Models, sales/rental centers and other uses and structures related to the promotion
and sale and/or rental of real estate such as, but not limited to, pavilions, viewing
platforms, gazebos, parking areas, and signs, shall be permitted principal uses
throughout the Summit Place In Naples RPUD subject to the requirements of
Division 2.3, Division 2.4, Division 2.5, and Subsection 2.6.33.4. of the Collier
County Land Development Code, or successor provisions.
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B. Temporary use permits for sales centers, construction offices, and mode] homes may
be approved subsequent to zoning approval, and may be located in permanent
structures on a temporary basis. Temporary use permit applications, and, where
applicable, associated site development plan (SDP) application(s) for residential
models, and construction offices, may be submitted concurrently with applications
for Improvement Plans to depict the location of the model units within a future
platted lot. All model units must be located on lots that will be platted through
subsequent development order approvals.
C. Temporary uses for sales centers shall be serviced by temporary well and septic
systems.
D. A portion of the clubhouse facilities shall be used as a temporary sales facility to be
utilized to market residential products, including re-sale of residences within the
boundaries of the Summit Place In Naples RPUD.
2.11 CLUBHOUSE
Construction approvals for the clubhouse and related common recreational facilities may be
approved subsequent to zoning approval. SDP application(s) for the clubhouse and related
facilities may be submitted concurrently with applications for Improvement Plans to depict
the location of the clubhouse and related facilities within a future platted tract. If access,
drainage and utilities are available to service the clubhouse facilities, the SDP may be
approved before Improvement Plans for the subdivision are approved. The clubhouse and
related facilities shall be located on a tract that will be platted through subsequent
development order approvals.
2.12 FILL STORAGE
Notwithstanding the provIsIOns of Subsection 3.2.8.3.6. of the Collier County Land
Development Code, or successor provisions, fill storage is generally permitted as a
temporary principal use throughout the Summit Place In Naples RPUD. Fill material
generated may be stockpiled within areas designated for residential development. Prior to
stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with
plans showing the locations and cross-sections shall be submitted to Collier County
Planning Services Staff for review and approval. The following standards shall apply:
A. Stockpile maximum side slope: 3: 1
B. Stockpile maximum height: thirty-five (35) feet
C. Fill storage areas shall be screened with a security fence at least six (6) feet in height
above ground level. If fill is spread to a height less than five feet over residential
development areas that are depicted on an approved SDP, or approved subdivision
Improvement Plans, no fencing is required.
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D. Soil erosion control shall be provided in accordance with Division 3.7 of the Land
Development Code, or successor provisions.
E. Fill storage shall not be permitted in Preserve Areas.
F. Fill may be stored on site for the maximum length of time of twenty-four (24)
months. This period may be extended by the written permission of the Planning
Services Director.
2.13 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Summit Place In Naples RPUD requires a permit
from a local, State, or Federal agency with jurisdiction over the property proposed for
development, the developer shall obtain such permits prior to final development order
approval.
2.14 NA TIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Collier County Growth Management Plan, and Subsection 3.9.5.5.3 of the Collier County
Land Development Code, or successor provisions, a minimum of 24.4 acres (25% of the
native vegetation on site) is required to be retained or replanted. Tract "P", contains
approximately 27 acres. For the purposes of this RPUD, the Preserve Tract will fully satisfy
the native vegetation requirements of Collier County.
Viable, naturally functioning native vegetation areas do not include those areas of vegetation
that have seventy-five percent (75%), or greater aerial coverage of exotic species.
Refer to Appendix "A", Typical Cross Sections, for details related to separation of structures
from nati ve vegetation preserve areas.
2.15 RPUD INTERFACE WITH ZONING TO THE SOUTH
The Summit Place In Naples RPUD is bounded on the south by a 9.4 acre property that is
intended to be rezoned to Golden Gate Fire Department Station 73 MPUD, to provide for a
community facility (Golden Gate Fire Control and Rescue District Station 73), as well as the
final 16 dwelling units in the attached single-family townhouse product line being developed
in the Summit Place In Naples development. The Summit Place In Naples RPUD will
provide the infrastructure, including access, to the residential buildings proposed to be
located in the GGFD Station 73 MPUD. Perimeter buffering that would typically be
required between different zoning districts will not be provided at the southern boundary of
Summit Place In Naples RPUD, and the residential portion of the GGFD Station 73 MPUD.
Section 6.1 I. B of this RPUD Document provides for the necessary deviation to allow this
development intent. Should the residential component of the GGFD PUD not be developed.
it is acknowledged that the required perimeter buffering shall be provided on the Summit
Place RPUD property. The Amended and Restated Real Estate Exchange Agreement
between Waterways Joint Venture IV and the Golden Gate Fire Control and Rescue District
articulates the development commitments for the construction and perpetual maintenance of
common facilities between the two adjacent developments.
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2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 2.7.3.3.of the Land Development Code, or successor provisions.
upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of
the RPUD Document become a part of the Land Development Code and shall be the
standards of development for the RPUD. Thenceforth, development in the area delineated
as the Summit Place In Naples RPUD District on the Official Zoning Atlas shall be
governed by the adopted development regulations set forth in this RPUD Document, and
RPUD Master Plan.
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SECTION III
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated as Tract "R" on the RPUD Master Plan, Exhibit "A".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
established at the time of development plan review, but shall not exceed 394 dwelling units.
3.3 USES PERMITTED
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:
I) Single-family attached dwellings, including townhouses intended for fee
simple conveyance including the platted lot associated with the residence.
2) Model Homes (See Section 2.] 0 of this RPUD Document).
3) Project sales and administrative offices, which may occur in residential or
recreational buildings, and/or in temporary buildings (See Section 2.10 of this
RPUD Document).
B. Accessory Uses:
I) Customary accessory uses and structures including, but not limited to,
clubhouses, private garages, tennis facilities, and swimming pools with, or
without screened enclosures, and other outdoor recreation facilities.
2) Utility facilities and/or easements (including right-of-way easements).
3) Signage (see Section 6.10 of this Document).
4 ) Water management faci I ities/lakes.
5) Storage areas, for the exclusive use of the residents of the RPUD.
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3.4 DEVELOPMENT STANDARDS
A. GENERAL: 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, as applicable~ Condominium, and/or homeowners' association boundaries
shall not be utilized for determining development standards.
B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by
Division 2.3 of the Collier County Land Development Code, or successor provisions,
in effect at the time of building permit application.
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T ABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT
STANDARDS
SINGLE-
FAMILY
ATTACHED
TOWNHOUSE
CLUBHOUSE/
RECREATION
BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA
2,250 S.F. 10.000 S.F.
25 FEET N/A
1,000 S.F. N/A
20 FEET N/A
o FEET or N/A
6 FEET
15 FEET N/A
25 FEET 25 FEET
15 FEET or N/A
1;2 BH whichever is greater
2 STORIES 2 STORIES
35 FEET 35 FEET
MINIMUM LOT WIDTH
MINIMUM FLOOR AREA
MIN FRONT YARD
MIN SIDE YARD
MIN REAR YARD
MIN PRESERVE SETBACK
MIN, DIST,
BETWEEN STRUCTURES
MAX. BLDG, HT.
NOT TO EXCEED
ACCESSORY STRUCTURES
FRONT
S.P.S.
20 FEET
SIDE
S.P.S
Y2BH
REAR (ATTACHED)
(DETACHED)
5 FEET
5 FEET
10 FEET
20 FEET
PRESER VE SETBACK
10 FEET
10 FEET
MIN. DIST.
BETWEEN STRUCTURES
12 FEET
greater of 15 feet
or Y2 BH whichever is greater
MAX. BLDG, HT.
NOT TO EXCEED
2 STORIES
35 FEET
2 STORIES
35 FEET
S.P.S.: Same as Principal Structures,
BH: Building Height
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Notes:
1) The location of structures proposed adjacent to a lake may have no setback from the
lake maintenance easement.
2) No structures are pennitted Ùl the required, 20 foot lake maintenance easement.
3) For all residential units in Summit Place In Naples Phase I, garages must be located a
minimum of 21 feet from the back of the sidewalk located in the street rights-of-way
closest to the garage, except for side load garages, wherein a parking area 23 feet in
depth must be provided perpendicular to the side~valk to avoid vehicles being parked
across a portion, or all of the referenced sidewalk.
4) For all residential units not in Summit Place In Naples Phase I, garages must be located
a minimum of 23 feet from the back of the sidewalk located in the street rights-of-H/a)'
closest to the garage, except for side load garages, wherein a parking area 23 feet in
depth must be provided perpendicular to the sidewalk to avoid vehicles being parked
across a portion, or all of the referenced sidewalk.
5) The residential units in the GGFD Station 73 PUD are on the property line between
Summit Place and Station 73 and therefore the setback for these structures will be
provided from the rear of the sidewalk on the abutting roadway in Summit Place PUD as
required by Land Development Code, or successor provisions Residential structures
must be located a minimum of 23 feet from the back of the sidewalk located in the street
rights-of-way closest to the garage, except for side load garages, wherein a parking area
23 feet in depth must he provided perpendicular to the sidewalk to avoid vehicles being
parked across a portion, or all of the referenced side~valk.
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SECTION IV
RECREA TION AREA
4.1 PURPOSE
The purpose of this Section is' to set forth the development plan for areas designated as
Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function
and purpose of this Tract is to provide for social and recreational areas/spaces as an
amenity for the residents of the project.
4.2 USES PERMITTED
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, subject to the issuance of regional, State and
Federal permits, when required:
Principal Uses:
1) Structures intended to provide social and recreational space;
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive
and/or active water features;
3) Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the Land Development
Code, or successor provisions, at the time of the request for such use.
Accessory Uses:
Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance, storage
or shelter with appropriate screening and landscaping.
4.4 DEVELOPMENT STANDARDS
A. GENERAL: 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. Condominium, and/or homeowners' association boundaries shall not
be utilized for determining development standards. Development standards for
Tract RA are contained in Table II in this Document. There shall be a minimum of
20 feet separation of recreational building(s) from all residential units.
B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by
Division 2.3 of the Collier County Land Development Code, or successor
provisions, in effect at the time of building permit applicatiQn.
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SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and
purpose of this Tract is to preserve and protect vegetation and naturally functioning
habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state.
5.2 USES PERMITTED
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, subject to the issuance of regional, State and
Federal permits, when required:
Principal Uses:
1) Native preserves.
2) Water management structures.
3) Mitigation areas.
4) Hiking trails, boardwalks, shelters, or other such facilities constructed for
the purposes of passage through or enjoyment of the site's natural attributes,
subject to approval by permitting agencies.
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SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section IS to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with site development plans, final
subdivision plans (if required), and all applicable State and local laws, codes, and
regulations applicable to this RPUD. Except where specifically noted or stated otherwise,
the standards and specifications of Division 3.2 of the Collier County Land Development
Code, or successor provisions, shall apply to this project, even if the land within the RPUD
is not to be platted. The developer, its successors and assigns, shall be responsible for the
commitments outlined in this Document.
The developer, its successors or assignee, shall follow the Master Plan and the regulations
of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in
the rezoning of the property. In addition, any successors or assignee in title to the
developer, are bound by any commitments within this Document. These commitments
may be assigned or delegated to a condominium! homeowners' association to be created by
the developer. Upon assignment or delegation, the Developer shall be released from
responsibility for the commitments for that portion of the project turned over to such
condominiumlhomeowner association.
6.3 RPUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Subsection 2.7.3.5 of the Land
Development Code, or successor provisions, amendments may be made from time
to time.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all services and all common
areas in the project.
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6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET
PROVISION
A. This RPUD is subject to the Sunset Provisions of Subsection 2.7.3.4 of the Land
Development Code, or successor provisions.
B. An annual RPUD monitoring report shall be submitted pursuant to Subsection
2.7.3.6 of the Land Development Code, or successor provisions.
6.5 TRANSPORT A TION
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions: .
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS). current edition, FOOT Design Standards, current
edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current
edition. All other improvements shall be consistent with and as required by the
Collier County Land Development Code, or successor provisions.
B. Arterial level street lighting shall be provided at all access points. Access lighting
must be in place prior to the issuance of the first Certificate of Occupancy (CO).
C. Site-related improvements necessary for safe ingress and aggress to this project, as
determined by Collier County Transportation Department, shall not be eligible for
impact fee credits. All required improvements shall be in place and available to the
public prior to the issuance of the first CO.
D. Road impact fees shall be paid in accordance with Collier County Ordnance 01-13,
as amended, and Division 3.15 of the Land Development Code, as it may be
amended or superceded.
E. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
F. Nothing in any development order shall vest a right of access in excess of a right
in/right out condition at any access point. Neither the existence of a point of
ingress, a point of egress or a median opening, nor the lack thereof, shall be the
basis for any future cause of action for damages against the County by the
developer, its successor in title, or assignee.
G. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer. Collier County shall have no responsibility for maintenance of any
such facilities.
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H. If any required turn lane improvement requires the use of existing County right-of-
way or easement, compensating right-of-way, shall be provided without cost to
Collier County as a consequence of such improvement.
I. If, the Collier County Transportation Staff determine that, a traffic signal, or other
traffic control device, sign or pavement marking improvement within a public
right-of-way or easement is necessary, the cost of such improvement shall be borne
by the developer and shall be paid to Collier County before the issuance of the first
CO.
J. Adjacent developments have been designed to provide shared access or
interconnections with this development. The RPUD Master Plan indicates these
locations. The developer, or assigns, shall assure that any such shared access or
interconnection is utilized and shall accommodate the perpetual use of such access
by incorporating appropriate language into the development covenants or plat.
6.6 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction permits shall be issued
unless and until Planning Services Staff grants approval of the proposed
construction in accordance with the approved plans.
B. An excavation permit shall be required for the proposed lakes in accordance with
the Collier County Land Development Code, or successor provisions, and South
Florida Water Management District Rules.
C. The project must obtain a Surface Water Management Permit from the South
Florida Water Management District prior to any site development plan approval.
6.7 UTILITIES
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed. owned, and maintained in
accordance with Collier County Ordinance Number. 04-3 t, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
shall be considered to be customers of the County, and shall be billed by the
County in accordance with the County's established rates.
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6.8 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Environmental Review Staff. Removal of exotic vegetation alone shall not be the
sole component of mitigation for impacts to Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shall be recorded Qn the plat with
protective covenants per, or similar to, Section 704.06, Florida Statutes. All
setbacks and buffers shall be provided in accordance with Division 3.9 of the
Collier County Land Development Code, or successor provisions.
C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge of the wetland preserves 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 Resource Permit Rules, and be subject to review and
approval by Environmental Review Staff.
D. The PUD shall comply with the guidelines and recommendations of the U.S. Fish
and Wildlife Service (USF&WS), the Florida Fish and Wildlife Conservation
Commission (FFWCC), and Collier County regarding potential impacts to "listed
species". Where protected species are observed on site, a Habitat Management
Plan for those protected species shall be submitted to Environmental Review Staff
for review and approval prior to final site plan/construction plan approval.
E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Review Staff for review and approval prior to final site
plan/construction plan approval. This plan shall include methods and a time
schedule for removal of exotic vegetation within conservation/preservation areas.
F. The RPUD shall be consistent with the environmental sections of the Collier
County Growth Management Plan, Conservation and Coastal Management
Element. The RPUD shall also be consistent with the Collier County Land
Development Code, or successor provisions, except as provided for in the lawfully
adopted RPUD Ordinance, in effect at the time of final development order
approval.
G. At the time of the next development order submittal, the petitioner shall provide
copies of their SFWMD. Environmental Resource Permit applications.
H. In the event the project does not require platting, all conservation areas shall be
recorded as conservation / preservation tracts or easements dedicated to the
project's home owners' association or like entity for ownership and maintenance
responsibility and to Collier County with no responsibility for maintenance.
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6.9 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure. A construction operation/management office, and
model center, may be construCted after zoning approval but before construction of any
principal structures.
6.10 SIGNS
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code, or successor provisions, in effect at the time of sign permit approvals.
6.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Summit Place In Naples RPUD, except in Preserve Areas. All landscaping
shall be in accordance with Collier County Land Development Code, or successor
provisions, in effect at the time of building permit application. The following standards
shall apply:
A. Landscape berms may have the following maximum side slopes:
1) Grassed berms 4: I
2) Ground covered berms 3: 1
B. No buffer is required along the southerly property boundary of Tract R, associated
with Tract R of the proposed GGFD Station 73 MPUD to the south, and a shared
buffer will be provided where the proposed project interfaces with Tract CF in the
proposed GGFD Station 73 MPUD to the south, however the trees that would be
required as part of the buffer will be provided as part of the landscaping for the
residential unit, with some flexibility for number of trees and spacing based on
driveway locations.. Deviation from Section 2.4.7.2. of the Land Development
Code, or successor provisions, related to a requirement to create a perimeter land
use buffer between the developing Summit Place subdivision and the proposed
GGFD Station 73 MPUD. If the residential units proposed in Tract R of the GGFD
Station 73 MPUD are not development then the appropriate landscape buffer shall
be provided along the boundary as required by the Land Development Code, or
successor provIsIons
C. No tow-of-slope setback is required from the common property/tract boundary of
the Residential Tract (Tract R) in the Summit Place In Naples RPUD, and the
Community Facilities Tract (Tract CF) in the proposed GGFD Station 73 MPUD.
A wide, bermed, landscaped, land use buffer will be installed between, and
unequally bridging that common boundary. Cross-section E-E, on Sheet Sof S of
the RPUD Plans Set illustrates this common berming. Deviation from Section
2.4.4.18. of the Land Development Code, or successor provisions, where as-foot
setback is required from a property line for the tow-of-slope, when the proposed
berm is greater than two feet in height.
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D. No tow of slope setback will be provided along the project frontage on Collier
Boulevard. While a five foot (5') flat area will be provided within the project
adjacent to the Collier Boulevard right-of-way, that flat area shall be nominally
filled due to the contiimation of the project's east-sloping portion of land use
buffer/berm into the Collier Boulevard right-of-way to interface with the proposed
6-lane roadway's westerly grading. Cross-section D-D, on Sheet 5 of 5 of the
RPUD Plans Set illustrates this berming interface with the Collier Boulevard Right-
Of-Way. Deviation from Section 2.4.4.18. of the Land Development Code, or
successor provisions, where a 5-foot setback is required from a property line for the
tow-of-slope, when the proposed berm is greater than two feet in height.
E. No tow-of-slope setback is required from the common property/tract boundary of
the Residential Tract (Tract R) in the Summit Place In Naples RPUD, and the
proposed Palermo Cove RPUD. A bermed, landscaped, land use buffer will be
installed between, and bridging that common boundary. Cross-section F-F, on
Sheet 5 of 5 of the RPUD Plans Set illustrates this common berming. Deviation
from Section 2.4.4.18. of the Land Development Code, or successor provisions,
where a 5-foot setback is required from a property line for the tow-of-slope, when
the proposed berm is greater than two feet in height.
F. Pedestrian sidewalks, bike paths, water management facilities and structures may
be allowed in landscape buffer areas, provided that the landscape buffer area is
increased by an equivalent width.
G. Landscape plantings associated with the attached single-family residential
buildings must comply with Section 2.4.6.6. of the Land Development Code, or
successor provIsIons.
6.12 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the
Collier County Land Development Code, or successor provisions, in effect at the time of
building permit application.
6.13 POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code, or successor provIsIons,
provision shall be made for the future use of building space within common areas for the
purposes of accommodating the function of an electoral polling place, only if requested by
the Supervisor of Elections.
An agreement between the developer and the Supervisor of Elections for the provision of
polling places shall be recorded in the official records of the Clerk of the Circuit Court of
Collier County. The agreement shall be binding upon any and all successors in interest to
the developer that acquire ownership of such common areas including homeowners'
associations.
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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 copy of:
ORDINANCE NO. 2004-49
Which was adopted by the Board of County Commissioners on
the 27th day of July, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of July, 2004.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~cL - Q<-"ê~ JJ.f.
By: Heidi R-/J~ockh014~/.'",....
Deputy ~'Cle:rik' . ....'.'..±,
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