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Ordinance 2006-30 , 1'-23242S~ ~~ ~ ~~ ~ -- ~ i -.__ j '& ; \ ~~tl\ ~, ':' ~ l\U ORDINANCE NO. 06- 30 ~~. - ~ q, . ~ .. ., C"lttOL69Lcaq) bN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS '~OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY TO AMEND THE PALERMO COVE RPUD. THE PROPOSED CHANGE TO THE RPUD, ADDS MUL TI- FAMILY DWELLING UNITS AS A PERMITTED USE. TABLE 1 IN THE RESIDENTIAL SECTION OF THE RPUD DOCUMENT HAS BEEN REVISED TO REFLECT APPROPRIA TE DEVELOPMENT STANDARDS FOR THE MULTI-FAMILY DWELLING UNITS, FOR PROPERTY LOCATED NORTH OF WOLFE ROAD, EAST OF COUNTY ROAD 951, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 131 ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 05-34, THE FORMER PALERMO COVE RPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, ofQ Grady Minor, representing the Elias Brothers Communities at Raffia Preserve Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property known as petition PUDZ-A-2005- AR-8918. 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 "RPUD" to "RPUD" Residential Planned Unit Development in accordance with the RPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 05-34, known as the Palermo Cove RPUD, adopted on June 28, 2005, by the Board of County Commissioners of Collier County, is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Palermo Cove RPUD Document attached hereto, as Exhibit "A". All other provisions of Ordinance Number 05-34 shall remain in full force and effect. Words struck through are deleted; words underlined are added. Page 1 of2 SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this [p't'\ day of J u.n €- , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . " ,lJt By ~~.L FRANK HALAS, CHAIRMAN IhQ-'~-11" Ih. ~uLuL-L -/kl1h~ Marjori M. Student-Stirling , Assistant County Attorney PUDZ-A-2005-AR-8918/MJD/sp This ordinance fjled with fl1e ~ary of ~ate/s Office the ~ oay of( Uf\~, Zoby. , and acknoWledgema~ of that fili'i'1 received this vd day' of Words struek through are deleted; words underlined are added. Page20f2 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 RAFFIA PRESERVE, INC. 15100 COLLIER BOULEVARD NAPLES, FLORIDA 34119 PREPARED BY: Q. GRADY MINOR AND ASSOCIATES 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 AND GOODLETTE, COLEMAN AND JOHNSON 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 DATE REVIEWED BY cepe DA TE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 4/7/05 6/06/2006 2006-30 2004-41 Exhibit "A" Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance 11 Section I Property Ownership and Description I-I Section II Project Development Requirements II-I Table I II-2 Section III Residential Development Standards III -1 Table II III-3 Section IV Recreation Area IV-l Section V Preserve Area V-I Section VI Development Commitments VI-l Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) LIST OF EXHIBITS. TABLES. AND APPENDICES EXHIB IT "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 Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) ST A TEMENT 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 Palermo 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 of Palermo 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 Palermo 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 ofthe 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. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) 11 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 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.89051'50"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 DESCRIBED;THENCE CONTINUE ALONG THE SOUTH LINE OF THE SAID NORTHEAST 1/4, N.89051'50"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.02015'21"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.89052'42"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.02015'1O"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; 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.89052'16"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.020l4'59"E., A DISTANCE OF 334.80 FEET, TO THE POINT OF BEGINNING OF PARCEL "A" HEREIN DESCRIBED; Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) I-I 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.89051'50"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.02015'21 "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 "B" 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.89052'05"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.020l3'33"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.89052'34"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.02013'51 "W., A DISTANCE OF 668.93 FEET, TO THE SOUTHWEST CORNER OF TRACT "C-4" OF SAID INDIGO PRESERVE; THENCE ALONG THE SOUTH LINE OF SAID TRACT "C-4", S.89052'39"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.02015'21"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. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) 1-2 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 Raffia Preserve, Inc. 15100 Collier Boulevard Naples, Florida 34119 1.4 DEVELOPER The Palermo Cove RPUD is intended to be developed by Elias Brothers Communities at Raffia Preserve, Inc. All reference to the "developer" as may be contained in this RPUD Document shall mean Elias Brothers Communities at Raffia Preserve, 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 Raffia Preserve, 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. 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 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 of Melaleuca. 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 corner. 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 I-75 Canal in accordance with Collier County Ordinance No. 90-10, as amended, which incorporates the Harvey Basin Study. ].6 PROJECT DESCRIPTION The Palermo Cove RPUD shall be a residential development consisting of detached single-family villas, attached single-family villa residences, and multi-family dwellings. The amenities proposed to be provided in the project include structures and areas to Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) 1-3 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. 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". Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) 1-4 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 Palermo 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 permit 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. 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. Palenno C~ve RPUD (Amend)(BCC 6-6-06 strike thru) II-I T ABLE I PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE:t 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". 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. Appropriate instruments shall be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. C. 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 EXCAVATIONS A. 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 Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) II-2 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 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 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. 2.8 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 adoption of this Ordinance establishing the Palermo Cove RPUD. Whenever the developer elects to create land area andlor 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. 2.9 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A 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. B. 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. C. Temporary uses for sales centers may be served by temporary well and septic systems. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) II-3 D. 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. 2.10 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 final development order approval. 2.11 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. 2.12 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. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) II-4 SECTION In 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) Multi-family dwellings. Multi-family dwellings, developed in accordance with standards in Table 2, shall maintain a minimum seventy-five (75') foot setback from the boundary of the Indigo Lakes PUD. In addition, no multi- family dwelling shall exceed a building height of two (2) stories or thirty- five (35') feet, unless a minimum building setback of two hundred (200') feet is maintained from the boundary of the Indigo Lakes PUD and Summit Place in Naples PUD. Except as limited by this paragraph, multi-family dwelling units developed in accordance with Table 2 may be located throughout the project. 4) Model homes (See Section 2.9 of this RPUD Document); 5) Project sales, construction and administrative offices, which may occur in residential, andlor in temporary buildings (See Section 2.9 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. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) III-I 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, andlor homeowners' association boundaries shall not be utilized for determining development standards. PaleMlo Cove RPUD (Amend)(BCC 6-6-06 strike thru) III-2 TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- PATIO HOME MULTI- CLUBHOUSE/ STANDARDS F AMIL Y & VILLAS F AMIL Y RECREATION ATTACHED & DWELLINGS BUILDINGS TOWNHOUSE PRINCIP AL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 9,000 S.F. I 0,000 S.F. MINIMUM LOT WIDTH 25 FEET 40 FEET 80 FEET N/A MINIMUM FLOOR AREA I,OOO S.F. 1,500 S.F. 1,000 S.F. N/A MINIMUM FRONT Y ARD3 20 FEET 20 FEET 20 FEET N/A MINIMUM SIDE YARD o FEET or 3 FEET or 10 FEET N/A 6 FEET4 9 FEET6 MINIMUM REAR YARD 15 FEET 20 FEET 15 FEET8 N/A MINIMUM PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MINIMUM DIST. BETWEEN STRUCTURES 12 FEET 12 FEET 20 FEET7 N/A MAXIMUM BLDG. HT. 2 STORIES 2 STORIES 3 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 45 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S S.P.S 20 FEET SIDE S.P.S. S.P.S S.P.S ~BH REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 5 FEET (DETACHED) 20 FEET 20 FEET 20 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DIST. Greater of 15 BETWEEN STRUCTURES I2 FEET I2 FEET 20 FEET feet or ~ BH MAXIMUM BLDG. HT. 2 STORIES 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) 1II-3 Notes: 1) 5) 6) 7) 8) The location of structures proposed adjacent to a lake may have no setback from 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 from 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. 4) 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. Building separation measured from outside building wall. Three (3) story buildings shall maintain a minimum twenty-five (25') foot setback from any boundary of the RPUD. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) III-4 SECTION IV RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas desigrJated 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 areaslspaces 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 mch 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, andlor 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. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) IV-l 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, andlor 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 functions properly. Paler"lo Cove RPUD (Amend)(BCC 6-6-06 strike thru) V-I SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of the proj ect. 6.2 GENERAL All facilities shall be constructed in strict accordance with site development plans, final 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 condominiuml 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 condominium/homeowners' 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. 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. 6.4 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 Paler-no Cove RPUD (Amend)(BCC 6-6-06 strike thru) VI-I 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. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. E. 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. F. Nothing in any development order shall vest a light 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. 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. H. 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 opillion 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 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. Palermo Cov~ RPUD (Amend)(BCC 6-6-06 strike thru) VI-2 K. Wolf Road east/west storm water drainage will be incorporated into the storm water drainage system of this RPUD. L. 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. M. The project access shall only be from Vanderbilt Beach Road, via improved Pristine Drive (aka: Wolf Road north-South), until the completion of the Collier Boulevard six-Ianing project. Prior to completion of the Collier Boulevard improvements, project access to Collier Boulevard shall be restricted limited to construction and emergency vehicles only. Construction traffic shall be permitted a right-in only access from Collier Boulevard. 6.5 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. 6.6 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. 04-31, 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. 6.7 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 Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) VI-3 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 "listed 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. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from 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 sitelconstruction 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 final 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 final 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 from the boundary of any preserve. Accessory structures and all other site alterations shall have a Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) VIA mInImUm 10- foot setback. Where jurisdictional wetlands are a component of a preserve, a structural buffer shall be required to utilize the 10 foot setback. 6.8 PLANNING A. The development 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 260 dwelling units may receive certificates of occupancy prior to September M30, 2007. The Phase 1 dwelling units shall be limited to twenty (20) certificates of occupancy for each month commencing September 1,2006, 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. Of the 260 units approved for the initial phase, a maximum of 150 patio homes and villas (detached units) may be constructed. The remaining 110 units in Phase I shall be either single family attached, townhouse or multi-family. A minimum of 10% of the multi-family dwellings constructed in Phase I shall be sold to individuals meeting the intermediate gap housing requirements set forth in Section 6.9 of this Document. 6.9 INTERMEDIATE GAP HOUSING UNITS A. Ten (10%) percent of the dwelling units requested at the final 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 of the 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. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) VI-5 TABLE In MEDIAN INCOME 2005 Naples, MSA (Collier County) 1 2 J 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 applicants whose household income has not been verified and certified to be equal to, or less than 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 6.2-W.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 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 information to any person who is interested in purchasing such intermediate gap housing unit. The developer shall agree to be responsible for payment of any real estate commissions and fees for the initial sale from the developer to the buyer. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) VI-6 5) These intermediate gap housing units shall be developed III phases at the discretion of the Developer. 6.9 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 purposes 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 from the date of approval of this RPUD. 6.10 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. 6.11 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. 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Palermo 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 berms 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 Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) VI-7 setback is required from a property line for the toe-of-slope, when the proposed berm is greater 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. No structure shall encroach into a required landscape buffer, nor any landscape buffer that is adjacent to a lake maintenance easement. 6.13 DEVIATIONS A. All platted project streets shall have a minimum 50-foot right-of-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 :!.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 2.10.8. of this RPUD Document. D. 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-premises directional signage is prohibited in residential zones. E. No toe-of-slope setback shall be required from the common propertyltract 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 Palermo Cove RPTJD (Amend)(BCC 6-6-06 strike thm) VI-8 berm is greater than two feet in height. This deviation is found under Section 6.12.B. of this RPUD Document. Palermo Cove RPUD (Amend)(BCC 6-6-06 strike thru) VI-9 " : I Ilh.' :. ;., I I .'.!, .!f" , I II- "I ;.r.iJii;i..... ' . , I .+. . . I 11- "I .... . .. I' g 919~III!Ueml!!ilU:fl . . 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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 2006-30 Which was adopted by the Board of County Commissioners on the 6th day of June, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of June, 2006. DWIGHT E. BROCK Clerk of Courts and. 'Gl,erk Ex-officio to.BG~id'of , County Commiss~Qners '. ~.a:(),M.I~' .,:", F ' t I '. By: Heidi R. Rockhold, Deputy Clerk .[)c