Ordinance 2005-34
ORDINANCE NO. 05- 34
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY AMENDING
ORDINANCE NUMBER 2004-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING
REGULA TIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING A TLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
RURAL AGRICULTURE (A) ZONING DISTRICT TO
THE RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT TO BE KNOWN AS
PALERMO COVE RPUD LOCATED NORTH OF
WOLFE ROAD, WEST OF COLLIER BOULEVARD
(C.R. 951), IN SECTION 34, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 131± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, Dwight Nadeau, of R W A, Inc. and Chuck Basinait, of Henderson,
Franklin, Starnes & Holt, P .A., representing Elias Brothers Communities at Palermo
Cove, 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 herein described real property located in Section 34,
Township 48 South, Range 26 East, Collier County, Florida, is changed from the Rural
Agriculture (A) Zoning District to a Residential Planned Unit Development (~UD)
Zoning District to be known as the Palermo Cove RPUD in accordance with the Palermo
Cove RPUD 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:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
-I-) ~
County, Florida, this ) j dãyof . tvh<-- ,2005.
1 of 2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
k
BY, '1uJ-W. ~
FRED W. COYLE, CHAIR
"I,", "
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Marjori . Student-Stirling
Assistant County Attorney
PUDZ-2004-AR-62S8/MJD/sp
This ordinance filed with the
Secretary of State's Office the
.5!b.. day of -Tf~11~ ' Wa5
and acknowledgement ~ that
fi i i ng received this Ll:±!:l day
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B Z fi/r;2L I~
Depufy Clei'k
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PALERMO COVE RPUD
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING PALERMO COVE RPUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
ELIAS BROTHERS COMMUNITIES AT PALERMO COVE, INC.
15100 COLLIER BOULEVARD
NAPLES, FLORIDA 34119
PREPARED BY:
UWTA'C.
CONSULTING
........ Y y..L. .....
6610 WILLOW PARK DRIVE
SUI TE 200
NAPLES, FLORIDA 34109
And
HENDERSON, FRANKLIN, STARNES & HOLT, P.A.
1715 MONROE STREET
P.O. BOX 280
FT. MYERS, FL 33901-0280
DA TE REVIEWED BY CCPC
DA TE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
4/7/05
6/28/05
2005-34
Exhibit "A"
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TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance 11
Section I Property Ownership and Description 1-1
Section II Project Development Requirements II-I
Table I II-2
Section III Residential Development Standards III-l
Table II III - 3
Section IV Recreation Area IV-l
Section V Preserve Area V-I
Section VI Development Commitments VI-l
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LIST OF EXHIBITS. TABLES. AND APPENDICES
EXHIBIT "A"
RPUD MASTER PLAN
EXHIBIT "B"
BOUNDARY SURVEY
EXHIBIT "C"
VICINITY MAP
TABLE I
PROJECT LAND USE TRACTS
TABLE II
DEVELOPMENT STANDARDS
TABLE III
MEDIAN INCOME 2005
APPENDIX "A"
TYPICAL CROSS SECTIONS
APPENDIX "B"
CONCEPTUAL WATER MANAGEMENT
PLAN
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STATEMENT OF COMPLIANCE
The development of approximately. 131 acres of property in Collier County, Florida as a
Residential Planned Unit Development (RPUD) to be known as the Palenno Cove RPUD shall
comply with the goals, objectives and policies of Collier County as set forth in the Growth
Management Plan (GMP). The residential and recreational facilities ofPalenno Cove RPUD are
consistent with the growth policies, land development regulations, and applicable comprehensive
planning objectives of each of the elements of the GMP for the following reasons.
1. The subject property for development is within the Urban (Urban Mixed-Use District,
Urban Residential Sub-district) as identified on the Future Land Use Map as provided for
in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses
contemplated are consistent therewith.
2. The project is proposed to be a residential development located within the Urban (Urban
Mixed-Use District, Urban Residential Sub-district), as identified on the Future Land Use
Map from the FLUE, of the Collier County GMP. The Density Rating System of the
FLUE provides for a base density of four (4) dwelling units per gross acre. The proposed
density of Palenno Cove RPUD is 4.0 units per gross acre, or 524 units, and is therefore
consistent with the FLUE, Policy 5.1. of the Collier County GMP.
3. The development standards contained in this Document, combined with the requirements
of the Land Development Code (LDC) 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 LDC will assure compliance with Policy 3.1 of the FLUE.
5. The Palermo Cove 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 Palermo Cove 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 low residential density, will insure that the developed project will be
an attractive and enjoyable residential development.
8. The project shall comply with the provisions of Chapter 6.02. and Section 10.02.07 of the
LDC, and therefore, it will implement, and further Objective 2 of the Future Land Use
Element.
II
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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 Palermo Cove RPUD.
1.2 LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR PARCEL "A"
PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA BEING MORE P ARTICULARL Y
DESCRIBED AS FOLLOWS.
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG
THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34,
N.89°51'50"W., A DISTANCE OF 100.09 FEET, TO A POINT ON THE WEST
RIGHT-OF-WAY OF COLLIER BOULEVARD (S.R. 951) AND BEING THE POINT
OF BEGINNING OF PARCEL "A" HEREIN DESCRlBED;THENCE CONTINUE
ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4, N.89°51'50"W., A
DISTANCE OF 2544.09 FEET, TO THE CENTER OF SAID SECTION 34; THENCE
LEAVING THE SOUTH LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE
WEST LINE OF THE SAID NORTHEAST 1/4, N.02°15'21"W., A DISTANCE OF
668.98 FEET, TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4; THENCE LEAVING THE WEST
LINE OF THE SAID NORTHEAST 1/4 AND ALONG THE NORTH LINE OF THE
SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4,
S.89°52'42"E., A DISTANCE OF 1322.11 FEET, TO THE NORTHEAST CORNER OF
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SAID NORTHEAST 1/4;
THENCE ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4
OF THE SAID NORTHEAST 1/4, S.02°15'1O"E., A DISTANCE OF 334.65 FEET, TO
THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4;
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THENCE ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF
THE SOUTHEAST 1/4 OF THE SAID NORTHEAST 1/4, S.89°52'16"E., A
DISTANCE OF 1222.01 FEET, TO A POINT THE SAID WEST RIGHT-OF-WAY;
THENCE ALONG THE SAID WEST RIGHT-OF-WAY, S.02°14'59"E., A DISTANCE
OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "A" HEREIN
DESCRIBED;
CONTAINING 29.7 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999)
ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE
FLORIDA EAST ZONE.
LEGAL DESCRIPTION FOR PROPOSED PARCEL "B"
PARCEL OF LAND SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG
THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34,
N.89°51'50"W., A DISTANCE OF 2644.18 FEET, TO THE CENTER OF SAID
SECTION 34; THENCE LEAVING THE SOUTH LINE OF THE SAID NORTHEAST
1/4 AND ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4,
N.02°15'21"W., A DISTANCE OF 668.98 FEET, TO THE SOUTHEAST CORNER OF
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID
SECTION 34 AND BEING THE POINT OF BEGINNING OF PARCEL liB" HEREIN
DESCRIBED; THENCE LEAVING THE WEST LINE OF THE SAID NORTHEAST
1/4 AND ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF
THE NORTHWEST 1/4 OF SAID SECTION 34, N.89°52'05"W., A DISTANCE OF
2642.61 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 34 AND BEING A
POINT ON THE EAST LINE OF ISLANDW ALK PHASE FIVE "A", AS RECORDED
IN PLAT BOOK 35, PAGES 81 THROUGH 84 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF THE SAID
NORTHWEST 1/4, N.02°13'33"W., A DISTANCE OF 1337.54 FEET, TO THE
SOUTHWEST CORNER OF INDIGO PRESERVE, AS RECORDED IN PLAT BOOK
40, PAGES 54 THROUGH 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT "C_3" OF SAID
INDIGO PRESERVE, S.89°52'34"E., A DISTANCE OF 1320.95 FEET, TO THE
SOUTHEAST CORNER OF SAID TRACT "C-3"; THENCE ALONG THE EAST
LINE OF SAID TRACT "C-3", N.02°13'51"W., A DISTANCE OF 668.93 FEET, TO
THE SOUTHWEST CORNER OF TRACT "C-4" OF SAID INDIGO PRESERVE;
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THENCE ALONG THE SOUTH LINE OF SAID TRACT "C-4", S.89°52'39"E., A
DISTANCE OF 1320.65 FEET, TO THE SOUTHEAST CORNER OF SAID TRACT
"C-4"; THENCE LEAVING THE SOUTH LINE OF SAID TRACT "C-4" AND
ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4, S.02°15'21 "E., A
DISTANCE OF 2006.93 FEET, TO THE POINT OF BEGINNING OF PARCEL "B"
HEREIN DESCRIBED;
CONTAINING 101.3 ACRES, MORE OR LESS; SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE 1983 NORTH AMERICAN DATUM (1999)
ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR THE
FLORIDA EAST ZONE.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Elias Brothers Communities at Palermo Cove, Inc. (Folio Nos. 00204760900, and
00203920000).
Elias Brother Communities at Palermo Cove, Inc. have the following properties under
contract for purchase:
Eleanor H. Rosenman Trust
Harry Rosenman
Norma M. Fleming Trust
Harvey Brothers Farms, Inc.
Allen M. Rosenman Trust
Michael D. Rosenman
(Folio No. 00203400009);
(Folio Nos. 00204000000, and 00203480003);
(Folio No. 00203720006);
(Folio No. 00203760008);
(Folio No. 00203440001), and
(Folio No. 00203360000).
1.4 DEVELOPER
The Palermo Cove RPUD is intended to be developed by Elias Brothers Communities at
Palermo Cove, Inc. All reference to the "developer" as may be contained in this RPUD
Document shall mean Elias Brothers Communities at Palermo Cove Inc., unless, and
until the subject property described and depicted in this RPUD Document is sold. It is
the responsibility of Elias Brothers Communities at Palermo Cove, Inc. to notify Collier
County, in writing, of the land conveyance, of the subject property described and
depicted in this RPUD Document within six months of the actual conveyance.
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I.S 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 portions of the
property have been disturbed 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 12.4 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 a mixture ofMelaleuca.
The water management system consists of approximately 10 acres of water management
areas that will receive run-off from structures and parking areas. Run-off will be
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 comer. Discharge will be into the wetland
preserve in the southwest portion 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.
1.6 PROJECT DESCRIPTION
The Palermo Cove RPUD shall be a residential development consisting of detached
single-family villas and attached single-family villa residences. 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.
The property will be accessed by Wolfe Road on the west side of Collier Boulevard.
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 shall be served with centrally provided potable water, sanitary
sewer, electric power, and telephone. Additional services shall be provided as deemed
appropriate.
1. 7 SHORT TITLE
This Ordinance shall be known and cited as the "Palermo Cove Residential Planned Unit
Development Ordinance".
1-4
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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 Palermo Cove RPUD development, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Palenno Cove RPUD shall be in accordance
with the contents of this Document, the RPUD-Planned Unit Development
District - and other applicable sections and other applicable sections and parts of
the Collier County LDC and GMP in effect at the time of building permit
application. Where these RPUD regulations fail to provide developmental
standards, then the provisions of the most similar district in the County LDC shall
apply.
B. This RPUD Document and attendant RPUD Master Plan is 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 LDC in effect at the time of building
pennit application.
D. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Palermo Cove RPUD shall become part of the
regulations that govern the manner in which the RPUD site may be developed.
E. Unless modified, waived or deviated from by this RPUD, the provisions of other
sections of the LDC, where applicable, remain in full force and effect with respect
to the development of the land that comprises this RPUD.
F. Development permitted by the approval of this petition shall be subject to a
concurrency review under the provisions of Chapter 6.02.00 and Section
10.02.07, Adequate Public Facilities, of the County LDC.
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets, sidewalks, pedestrian trails
and use ofland is illustrated graphically by Exhibit "A", RPUD Master Plan.
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TABLE I
PROJECT LAND USE TRACTS
TYPE UNITS/FT. ACREAGE±
TRACT "R" RESIDENTIAL 524 90
TRACT "RA" RECREATION AREA 0 3
TRACT "P" PRESERVE 0 38
B. Areas illustrated as lakes on 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 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
Sections 10.02.05. and 10.02.03. respectively, of the Collier County LDC, 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 524 residential dwelling units (including attached and detached single-
family villas), may be constructed in the total project area. The gross project area is
approximately 131 acres. The gross project density, therefore, shall be a maximum of 4.0
dwelling units per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to final local 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 LDC.
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 Section 10.02.04. of the Collier County LDC, and the platting
laws of the State of Florida.
C. The provisions of Section 10.02.03. of the Collier County LDC, when applicable,
shall apply to the development of all platted tracts, or parcels of land as provided
in said Chapter prior to the issuance of a building permit or other development
order
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D. Appropriate instruments shall be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
E. No side-yards shall be 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 Section 22-122(a)
of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances.
Lakes may be excavated to the maximum commercial excavation depths set forth
in Section 22-112(c) of Ordinance No. 04-55, of the Collier County Code of Laws
and Ordinances. Removal of fill from the Palermo Cove 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-WAY
A. All platted project streets shall have a minimum 50-foot right-of-way. Deviation
1 from Sub-section 6.06.01(0) of the LDC, for cul-de-sac and local streets, and
LDC Appendix B-2 and B-3 for cul-de-sac and local streets respectively, and
Section III, Exhibit "A", Design Requirements for Subdivisions C.l3.e. of the
Administrative Code for Collier County Construction Standards Manual adopted
through Ordinance No. 2004-66 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.
B. Utilization of areas 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. Deviation 2 nom Section III, Exhibit "A", Design Requirements for
Subdivisions C.l3.j. of the Administrative Code for Collier County Construction
Standards Manual adopted through Ordinance No. 2004-66 .
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2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN
Changes and amendments may be made to this RPUD Document or RPUD Master
Development Plan, Exhibit "A", as provided for in Subsection lO.02.13.E. of the Collier
County LDC. Minor changes and refinements as described in Subsection 6.3.C. of this
RPUD Document may be made in connection with any type of development or permit
application required by the Collier County LDC.
2.9 DEDICA TION 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 adoption of this Ordinance establishing the Palermo
Cove RPUD.
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of residential units or real property within the Palermo Cove 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 Section lO.02.l3.L. of the Collier County LDC.
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 Palermo Cove RPUD subject to the requirements of Chapter
5.04.04. of the Collier County LDC.
B. Temporary use permits for sales centers, and model homes may be approved
subsequent to zoning approval, and prior to final plat approval, subject to the
provisions of Subsection 5.04.04.B.5.c. of the LDC. However, Palermo Cove
may have one model home representing each type of residential product. The
number of model homes may exceed five, but shall not exceed a total of eight.
Deviation 3 from LDC Section 5.04.04.B.5.c. that limits the total number of
model homes in a single development to five.
C. Temporary use permit applications, and associated site development plan (SDP)
application(s) for residential models, 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 shall be located on lots that shall be
platted through subsequent development order approvals.
II-4
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D. Temporary uses for sales centers may be served by temporary well and septic
systems.
E. A portion of the clubhouse facilities may be used as a permanent sales facility to
be utilized to market residential products, including the re-sale of residences
within the boundaries of the Palermo Cove RPUD.
2.11 CLUBHOUSE
Construction approvals for the clubhouse and related common recreational facilities may
be approved subsequent to zoning approval, but not prior to approval of the final plat by
the Board of County Commissioners pursuant to Subsection 10.02.04. A.4.d. of the LDC.
The clubhouse and related facilities may be submitted for concurrent review with the
plans and plat, but remain subject to the above-referenced approval requirement of the
LDC.
2.12 FILL STORAGE
Notwithstanding the prOVISIOns of Section 4.06.04. of the Collier County LDC, fill
storage is generally permitted as a temporary principal use throughout the Palermo Cove
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.
D. Soil erosion control shall be provided in accordance with Subsection 1O.02.02.C.
of the LDC.
E. Fill storage shall not be permitted in preserve areas.
F. Fill shall be stored on site for the maximum length of time of twenty-four (24)
months. This period may be extended through the written permission of the
Planning Services Director.
II-5
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2.13 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Palermo Cove RPUD requires an
environmental permit from a local, State, or Federal agency with jurisdiction over the
property proposed for development, the developer shall obtain such permits prior to fmal
development order approval.
2.14 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the
Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of
14.2 acres (25% of the native vegetation on site) is required to be retained or replanted.
Tract "P", contains approximately 38 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 a seventy-five percent (75%), or greater canopy coverage of exotic
specIes.
Appendix "A", Typical Cross Sections, sets forth details related to separation of
structures from native vegetation preserve areas.
2.15 RPUD INTERFACE WITH ZONING TO THE NORTH
The Palermo Cove RPUD is bounded on the north by a 9.4 acre property that is intended
to be rezoned to Golden Gate Fire Department (GGFD) 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 Subdivision. The 9.4 acre parcel lying south
and adjacent to the proposed GGFD Station 73 MPUD will provide project access, as
well as access to the proposed fire station from Wolfe Road. It also provides for a water
management easement to benefit Collier County for the Collier Boulevard six-Ianing
project. This RPUD has been designed to share perimeter land use buffering and to
create contiguous adjoining conservation areas with both the proposed GGFD Station 73
MPUD and the developing Summit Place In Naples Subdivision. Storm water run-off
will be accepted from off-site areas to pass through the Palermo Cove master drainage
system.
2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 1O.02.13.C of the LDC, upon adoption of the RPUD Ordinance
and attendant RPUD Master Plan, the provisions of the RPUD Document become a part
ofthe LDC and shall be the standards for development ofthe RPUD.
11-6
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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". Infrastructure,
perimeter land use buffers, as well as project signage shall occur within this Tract "R".
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 524 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 uses:
A. Principal Uses:
1) Single-family attached dwellings (including townhouses intended for fee
simple conveyance including the platted lot associated with the residence);
2) Villa/patio dwellings (detached single-family dwellings of a smaller scale
than the typical single-family detached dwelling.);
3) Model homes (See Section 2.10 of this RPUD Document);
4) Project sales, construction and administrative offices, which may occur in
residential, and/or in temporary buildings (See Section 2.10 of this RPUD
Document).
B. Accessory Uses:
1) Customary accessory uses and structures including, but not limited to,
private garages, swimming pools with, or without screened enclosures,
and other outdoor recreation facilities.
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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
Sections 4.05.04 and 4.05.07 of the Collier County LDC in effect at the time of
building permit application.
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TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT
STANDARDS
SINGLE-
FAMILY
ATTACHED &
TOWNHOUSE
PATIO HOME
& VILLAS
CLUBHOUSE/
RECREA TION
BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10,000 S.F.
MINIMUM LOT WIDTH 25 FEET 40 FEET N/A
MINIMUM FLOOR AREA 1,000 S.F. 1,500 S.F. N/A
MINIMUM FRONT YARD 20 FEET 20 FEET N/A
MINIMUM SIDE YARD o FEET or 3 FEET or N/A
6 FEET 9 FEET
MINIMUM REAR YARD 15 FEET 20 FEET N/A
MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET
SETBACK
MINIMUM DIST.
BETWEEN STRUCTURES 12 FEET 12 FEET N/A
MAXIMUM BLDG. HT. 2 STORIES 2 STORIES 2 STORIES
NOT TO EXCEED 35 FEET 35 FEET 35 FEET
ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S. 20 FEET
SIDE S.P.S. S.P.S Y2 BH
REAR (ATTACHED) 5 FEET 5 FEET 10 FEET
(DETACHED) 20 FEET 20 FEET 20 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET
MINIMUM DIST.
BETWEEN STRUCTURES 12 FEET 12 FEET greater of 15 feet
or Y2 BH
MAXIMUM BLDG. HT. 2 STORIES 2 STORIES 2 STORIES
NOT TO EXCEED 35 FEET 35 FEET 35 FEET
S.P.S.: Same as Principal Structures.
BH: Building Height
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Notes:
1)
4)
5)
6)
The location of structures -proposed adjacent to a lake may have no setback trom the
lake maintenance easement.
2)
No structures are permitted in the required 20-foot lake maintenance easement.
3)
For all residential units, garages shall be located a minimum of 23 feet trom the back
of the sidewalk located in the street rights-of-way closest to the garage, except for
side loaded garages, wherein a parking area 23 feet in depth shall be provided to
avoid vehicles being parked across a portion, or all of the referenced sidewalk.
Side Yards - No side yard shall be required between units when more than one
residential unit is in a single structure (ie: attached single-family and townhomes).
Varying side yards are provided for to allow side entry garages and to maintain the
required separation between buildings.
No structure shall encroach into a required landscape buffer nor any landscape buffer
that is adjacent to a lake maintenance easement.
Patio homes and villas (detached single-family dwellings of a smaller scale than the
typical single-family detached dwelling), shall have minimum side yards of either 3
feet, or 9 feet, with a minimum separation between structures on different lots of 12
feet.
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SECTION IV
4.1 PURPOSE
RECREATION AREA
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:
A. Principal Uses:
1) Structures intended to provide social and recreational space (private,
intended for use by the residents and their guest only).
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 LDC in effect at
the time of the request for such use.
B. Accessory Uses:
1) 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.
4.3 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 of this Document. There shall be a minimum of
a 20 foot separation of recreational building(s) from all residential units.
B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by
Sections 4.05.04. and 4.05.07. of the Collier County LDC in effect at the time of
building pennit application.
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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.
Tract P is designated as a preserve, but it is also used as a storm water flow-way for this
project and surrounding properties.
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:
A. 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.
B. Flowway: Tract P is used as a flow-way for storm water, and as such will
also be placed in a drainage easement that will allow for maintenance
activities to be performed to ensure that the flow-way always ñmctions
properly.
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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, fmal
subdivision plats (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 Section III, Exhibit "A", Design Requirements for
Subdivisions of the Administrative Code for Collier County Construction Standards
Manual adopted through Ordinance No. 2004-66 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 assignees, 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 is bound by the 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
condominiumlhomeowners' 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 SDP application. Subject
to the provisions of Subsection 10.02.13.E. of the LDC, 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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C. The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refmements to the
Palermo Cove RPUD Master Plan upon written request of the developer.
1) The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County GMP and the Palermo Cove RPUD Document.
b. The minor change or refmement shall not constitute a substantial change
pursuant to Subsection 10.02.13.E. of the Collier County LDC.
c. The minor change or refinement shall be compatible with adjacent land
uses and shall not create detrimental impacts to abutting land uses,
water management facilities, and preserve areas within, or external to
the RPUD boundaries.
2) The following shall be considered minor changes or refmements, subject to
the limitations of Subsection 1O.02.13.E. of the LDC:
a. Reconfiguration of preserve areas, in accordance with the LDC, as a
result of regulatory agency review and permitting. There may be no
overall decrease in Preserve Area.
b. Reconfiguration of lakes or other water management facilities where
such changes are consistent with the criteria of the South Florida Water
Management District and Collier County.
c. Internal realignment of roadways and interconnection to off-site areas,
other than a relocation of access points from publicly maintained
roadways (i.e.: State or County roadways), to the RPUD itself, where no
water conservation/preservation areas are affected, or otherwise
provided for.
d. Reconfiguration of residential parcels when there is no proposed
encroachment into preserve areas, except as provided for in Paragraph
6.3.C.2.)a above.
3) Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
Ordinances and regulations prior to the Administrator's consideration for
approval.
4) Approval by the Administrator of a minor change or refmement may occur
independently from, and prior to any application for subdivision (if
required), or SDP approval, however, the Administr~tor's approval, shall
not constitute an authorization for development or implementation of the
minor change or refinement without first obtaining all applicable County
pennits and approvals.
VI-2
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6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. This RPUD is subject to the Sunset Provisions of Subsection 1O.02.B.D of the
LDC.
B. An annual RPUD monitoring report shall be submitted pursuant to Subsection
10.02. 13.F. of the LDC.
6.5 TRANSPORTATION
The development of this RPUD 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, FDOT 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 LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting
shall 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 Staff, 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 Ordinance 01-13,
as amended, and Sections 6.02.00, and 10.02.07. of the LDC, as it may be
amended.
E. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
F. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as it may be amended,
and the LDC, as it may be amended. Collier County reserves the right to modify or
close any median opening existing at the time of approval of this RPUD which is
found to be adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
G. 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 shall the existence of a point of
ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for
any future cause of action for damages against the County by the developer, its
successor in title, or assignee.
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H. 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.
I. If any required turn lane improvement requires the use of existing County rights-of-
way or easements, compensating rights-of-way, shall be provided without cost to
Collier County as a consequence of such improvement.
1. If, in the sole opinion of Collier County Transportation Staff, a traffic signal, or
other traffic control device, sign or pavement marking improvement within a public
right-of-way or easement is determined to be necessary, the cost of such
improvement shall be borœ by the developer and shall be paid to Collier County
before the issuance of the fIrst CO.
K. 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.
L. Wolf Road east/west storm water drainage will be incorporated into the storm
water drainage system of this RPUD.
M. Section G-G on Sheet 5 of 5 of the RPUD Plans Set reflects the street cross-section,
as mandated by the Collier County Transportation Division.
N. The project ac.:ess shall only be from Vanderbilt Beach Road, via improved
Pristine Drive (aka: Wolf Road North-South), until the earlier of either October 1,
2007, or the completion of the Collier Boulevard six-Ianing project.
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 will be required for the proposed lakes in accordance with
the Collier County Code of Laws and Ordinances and South Florida Water
Management District Rules.
C. The project shall obtain a Surface Water Management Permit from the South
Florida Water Management District prior to any site development plan approval.
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6.7 UTILITIES AND ENGINEERING
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 No. 04-51, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County
in accordance with the County's established rates.
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 Services Department. Removal of exotic vegetation alone shall not
be the sole component of mitigation for impacts to Collier County jurisdictional
wetlands.
B. All conservation/preservation areas shall be designated as preserves on all
construction plans and, if the project is platted, shall be recorded on the plat with
protective covenants per or similar to Section 704.06 of the Florida Statutes.
Preserve areas shall be dedicated on the plat to the project homeowners' association
or like entity for ownership and maintenance responsibilities and to Collier County
with no responsibility for maintenance. In the event the project does not require
platting, all conservation areas shall be recorded as conservation easements
dedicated to the project's homeowners' association or like entity for ownership and
maintenance responsibility and to Collier County with no responsibility for
maintenance.
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 Services Department.
D. The PUD shall comply with the guidelines and recommendations of the U.S. Fish
and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to "list,ed species". Where
protected species are observed on site, a Habitat Management Plan for those
protected species shall be submitted to the Environmental Services Department for
review and approval prior to final site plan/construction plan approvaL
VI-5
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E. All Category I invasive exotic plants, as defmed by the Florida Exotic Pest Plant
Council, shall be removed ITom within preserve areas and subsequent annual
removal of these plants (in perpetuity) shall be the responsibility of the property
owner.
F. A Preserve Area Management Plan shall be provided to Environmental Services
Staff for approval prior to site/construction plan approval identifying methods to
address treatment of invasive exotic species, fIre management, and maintenance.
G. The RPUD shall be consistent with the Conservation and Coastal Management
Element of the Collier County GMP in effect at the time of fmal development order
approval.. The RPUD shall be consistent with the LDC except as provided for
within this Ordinance.
H. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to fmal site plan! construction plan approval.
1. Areas that fulfIll the native vegetation retention standards and criteria of the GMP
shall be set aside as preserve areas.
J. All principal structures shall have a minimum setback of 25 feet ITom the boundary
of any preserve. Accessory structures and all other site alterations shall have a
minimum lO-foot setback. Where jurisdictional wetlands are a component of a
preserve, a structural buffer shall be required to utilize the 10 foot setback.
6.9 PLANNING
A. The developme nt agreements between Elias Brothers Communities and Wolf
Creek, Limited Partnership, Waterways Joint Venture IV, and the Golden Gate Fire
District, shall be executed and provided to Zoning and Land Development Review
Staff prior to the Board of County Commissioners public hearing for this rezone
petition.
B. The project shall be phased such that up to 260 dwelling units may receive
certificates of occupancy prior to September 31, 2007. The Phase 1 dwelling units
shall be limited to twenty (20) certificates of occupancy for each month
commencing September I, 2006, and ending September 30, 2007. The remaining
dwelling units permitted by this RPUD may receive certifIcates of occupancy
subsequent to October 1,2007, without limitation.
VI-6
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6.10 INTERMEDIATE GAP HOUSING UNITS
A. Ten (10%) percent of the dwelling units requested at the fmal local development
order approval stage of development for platting, or site development plan, shall be
sold by the developer to individuals, or families that earn between one hundred
(100%) percent and one hundred twenty five (125%) percent of the Collier County
median family income. For the purposes of this RPUD, these specific units shall be
described as "intermediate gap housing units". The median income ofthe area as
defined by the U.S. Department of Housing and Urban Development (HUD) shall
be the then current median income for the Naples Metropolitan Statistical Area,
established periodically by HUD and published in the Federal Register, as adjusted
for family size as shown on the tables attached below,
which Table shall be automatically adjusted from time to time in accordance with
any adjustments that are authorized by HUD, or any successor agency. In the event
that HUD ceases to publish an established median income as aforesaid, the
developer and the County shall mutually agree to another reasonable and
comparable method of computing adjustments in median income.
TABLE III
MEDIAN INCOME 2005
Naples, MSA (Collier County)
! ~ ~ 4 ~ 6 7 ~
100% 48,890 55,805 62,805 69,805 75,390 80,975 86,585 92,110
105% 51,335 58,595 65,945 73,295 79,160 85,024 90,914 96,716
110% 52,812 60,264 67,824 75,834 81,432 87,480 93,528 99,468
115% 55,746 63,612 71,592 79,572 85,956 92,340 98,724 104,994
120% 58,680 66,960 75,360 83,760 90,480 97,200 103,920 110,520
125% 61,614 70,308 79,128 87,948 95,004 102,060 109,116 116,046
B. The following limitations and performance standards shall be adhered to:
1). No intermediate gap housing unit in the development shall be sold by the
developer to those whose household income has not been verified and certified
to be equal to, or less one hundred twenty five (125%) percent of the median
family income for Collier County, and that the applicant is a "first time home
buyer" as defined by Collier County Ordinance Number 2000-69. Such
verification and certification shall be the responsibility of the developer and
shall be submitted to the County Manager, or his designee, for approvaL
2) No intermediate gap housing unit shall be sold, or otherwise conveyed, to a
buyer whose household income has not been verified and certified in
accordance with Section 6.10.A of this RPUD Document. It is the intent of this
section to keep intermediate gap housing as such; therefore, any person who
buys an intermediate gap housing unit from the developer shall agree, in a lien
instrument to be recorded with the Clerk of the Circuit Court of Collier County,
Florida, that if the intermediate gap housing unit is sold, (including the land
and/or the unit) within 15 years after his original purchase at a sales price in
excess of five percent per year of his original purchase price that the seller shall
VI-7
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pay to the County an amount equal to one-half of the sales price in excess of
five percent increase per year. Such payment shall be maintained in a
segregated fund, established by the County solely for affordable housing
purposes and such money shall be used to encourage, provide for, or promote
affordable housing in Collier County. The lien instrument may be subordinated
to a qualifying first mortgage.
3) No intermediate gap housing unit in any building or structure in the
development shall be occupied by the developer, any person related to or
affiliated with the Developer, or a resident manager.
4) When the developer advertises, and sells, or maintains the intermediate gap
housing unit, it must advertise, and sell, and maintain the same in a
nondiscriminatory manner and make available any relevant nformation to any
person who is interested in purchasing such intennediate gap housing unit. The
developer shall agree to be responsible for payment of any real estate
commissions and fees for the initial sale ffom the developer to the buyer.
5) These intennediate gap housing units shall be developed in phases at the
discretion of the Developer.
6.11 AFFORDABLE HOUSING
A. The developer shall make a $250,000 contribution to The Empowerment Alliance
of Southwest Florida Community Development Corporation on or before
September 12,2005 for the pmposes of providing housing.
B. The developer shall convey a five acre parcel of land to Habitat For Humanity of
Collier County, Inc. within 90 days ffom the date of approval of this RPUD.
6.12 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.
6.13 SIGNS
Except as provided herein, all signs shall be in accordance with Chapter 5.06.00 of the
LDC in effect at the time of sign permit approvals. The Golden Gate Fire Control and
Rescue District's illuminated off-site directional sign for Station 73 may be incorporated
into the residential ground or wall signage for Palermo Cove. Said signage for Station 73
is limited to the directional signage size prescribed by Subsection 5.06.06.C.12.b.i., and
would be in addition to the residential ground or wall signage provided for in Subsection
5.06.04.A.6.b. of the LDC. Deviation 4 from Section 5.06.03.F. of the LDC where
illuminated signage is prohibited in residential zones. Deviation 5 from Section
5.06.06.C.12.a. where off-premise directional signage is prohibited in residential zones.
VI-8
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6.14 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, benns, fences and walls are generally pennitted as a principal use
throughout the Palenno Cove RPUD, except in preserve areas. All landscaping shall be in
accordance with the Collier County LDC in effect at the time of building permit
application. The following standards shall apply:
A. Landscape benns shall have the following maximum side slopes:
1) Grassed berms 4:1
2) Ground covered berms 3:1
B. No toe-of-slope setback shall be required from the common property/tract
boundary of the residential tract (Tract R), and the proposed GGFD Station MPUD,
the Summit Place In Naples Subdivision, and Wolf Creek PUD. Cross-section C-
C, and D- D and F- F on Sheet 5 of 5 of the PUD Plans Set illustrates this common
berming. Deviation 6 from Subsection 4.06.05.1. of the LDC where a five-foot
setback is required from a property line for the toe-of-slope, when the proposed
benn is geater than two feet in height.
C. 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.
D. Landscape plantings associated with the attached single- family residential
buildings shall comply with Subsection 4.06.05.B.4. of the LDC.
E. No structure shall encroach into a required landscape buffer, nor any landscape
buffer that is adjacent to a lake maintenance easement.
6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Subsection
4.06.03.B. of the Collier County LDC in effect at the time of building permit application.
6.16 POLLING PLACES
Pursuant to Sections 2.01.04. and 4.07.06. of the LDC, 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
that acquire ownership of such common areas including homeowners' associations.
VI-9
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6.17 DEVIATIONS
A. All platted project streets shall have a minimum 50-foot right-ot:way. Deviation 1
from Subsection 6.06.01(0) of the LDC, for cul-de-sac and local streets, and LDC
Appendix B-2 and B-3' for cul-de-sac and local streets respectively, and Section
III, Exhibit "A", Design Requirements for Subdivisions C.13.e. of the
Administrative Code for Collier County Construction Standards Manual adopted
through Ordinance No. 2004-66 , 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. This deviation is found under Section 2.7.A. of this RPUD
Document.
B. Tangents between reverse curves are not required for any local street design in this
RPUD. Deviation 2 from Section III, Exhibit "A", . Design Requirements for
Subdivisions C.13.j. of the Administrative Code for Collier County Construction
Standards Manual adopted through Ordinance No. 2004-66. This deviation is
found under Section 2.7.C. of this RPUD Document.
C. Palermo Cove may have one model home representing each type of residential
product. The number of model homes may exceed five, but shall not exceed a total
of eight. Deviation 3 from LDC Subsection 5.04.04.B.5.c. that limits the total
number of model homes in a single development to five. This deviation is found
under Section 2.1O.B. of this RPUD Document.
D. The Golden Gate Fire Control and Rescue District's illuminated oft:site directional
sign for Station 73 may be incorporated into the residential ground or wall signage
for Palermo Cove. Said signage for Station 73 is limited to the directional signage
size prescribed by Subsection 5.06.06.C.12.b.i., and would be in addition to the
residential ground or wall signage provided for in Subsection 5.06.04.A.6.b. of the
LDC. Deviation 4 from Section 5.06.03.F. of the LDC where illuminated signage
is prohibited in residential zones. Deviation 5 from Section 5.06.06.C.12.a. where
off-premises directional signage is prohibited in residential zones.
E. No toe-ot:slope setback shall be required from the common property/tract
boundary of the residential tract (Tract R), and the proposed GGFD Station MPUD,
the Summit Place In Naples Subdivision, and Wolf Creek PUD. Cross-section C-
C, and D-D and F-F on Sheet 5 of 5 of the PUD Plans Set illustrates this common
berming. Deviation 6 from Subsection 4.06.05.1. of the LDC where a five-foot
setback is required from a property line for the toe-ot:slope, when the proposed
berm is greater than two feet in height. This deviation is found under Section
6.12.B. of this RPUD Do cument.
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CONCEPTUAL WATER
MANAGEMENT PLAN
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 2005-34
Which was adopted by the Board of County Commissioners
on the 28th day of June 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of July, 2005.
DWIGHT E. BROCK
Clerk ~f. courts~~p~~~~~~~
Ex-offlclo to/go-arã of'-,. "¿~.
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County COmmlS¡;¡.:L.oners,¡., '-..~::
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By: Linda A. 'I{Ó):,I.,ç.'ze-r.';" ~~,'j .,,'
"If ""'",~; '......81 ~ \I-"' ...,' .
Deputy Clerk-,.,;'......"",,"