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Ordinance 2007-27 ORDINANCE NO. 07- 27 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLlliR COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLlliR COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURE (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT KNOWN AS HAMIL TON GREENS RPUD LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF :t29.68 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Patrick D. Cunningham of Houston Cuozzo Group, Inc. and George L. Varnadoe ofCheffy, Passidomo, Wilson, & Johnson, LLP., representing Livingston Greens, LLC, 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 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from Agricultural (A) to "RPUD" Residential Planned Unit Development in accordance with the Hamilton Greens RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, 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 super-majority vote of the Board of County Commi~~~~~,~~~..ofCollier County, Florida, this / '5 day of+ ~~..-A.'''-~'O 2007. ATTE~i;":"; .;.,..... BOARD OF COUNTY COMMISSIONERS nwf~m'E:ln~~~)(;K, CLERK COLLIER COUNTY, FLORIDA ~t{JJ~~O-lju BY ~m ~- . ""~~,,':'Deputy Clerk JAM COLETTA, CHAIRMAN l /" '.'/~~/{.': "'~;\' -:\ Approved as to form and legal sufficiency -pu LL,--~~ 1 This ordinance filed with the 6'l!~ary of ~e/s Office the <:icy of b, 02?:0--:+- and acknowledgement of that filln~d thl, ~ doy of ~~L(~b~ Deputy Clerk PUDZ-2004-AR-68\ 0 HAMILTON GREENS A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE HAMILTON GREENS. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LIVINGSTON GREENS, LLC PREPARED BY: HOUSTON CUOZZO GROUP, INC. 2400 SE FEDERAL HIGHWAY SUITE 310 STUART, FLORIDA 34994 MR. GEORGE L. VARNADOE, ESQ. CHEFFY PASSIDOMO WILSON & JOHNSON LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL January 18, 2007 EXHIBIT A TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION ONE PROPERTY OWNERSHIP & DESCRIPTION SECTION TWO PROJECT DEVELOPMENT REQUIREMENTS SECTION THREE RESIDENTIAL DEVELOPMENT AREA SECTION FOUR CONSERVATION/PRESERVE AREA SECTION FIVE DEVELOPMENT COMMITMENTS SECTION SIX RPUD REGULATION DEVIATIONS SECTION SEVEN APPENDIX page ii Hi 1-1 through 1-3 2-1 through 2-4 3-1 through 3-4 4-1 through 4-1 5-1 through 5-3 6-1 through 6-1 7 -1 through 7-5 page i EXHIBITS EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 LIST OF EXHIBITS AND TABLES BOUNDARY SURVEY AFFIDAVIT OF UNIFIED OWNERSHIP LOCATION MAP RPUD MASTER PLAN 7 - 1 7-2 7-4 7-5 page ii STATEMENT OF COMPLIANCE The development of approximately 29.68 acres of property in Collier County, as a Residential Planned Unit Development to be known as HAMILTON GREENS RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). HAMILTON GREENS RPUD is a residential project, with associated recreational uses that will be 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 is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5,3 of the Future Land Use Element (FLUE). 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the FLUE. 3. The project development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.G of the FLUE. 4. The projected density of 2.96 D.U.'s per acre is in compliance with the FLUE of GMP. 5. A complete range of services and utilities as approved by the County will serve the project. 6. The Residential Planned Unit Development includes open spaces and natural features, which are preserved from future development in order to enhance their natural functions and to serve as project amenities, which furthers the objectives of Policy 3.1.b of the FLUE. page iii SECTION ONE 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 HAMILTON GREENS RPUD. 1.2 LEGAL DESCRIPTION The subject property being 29.68 acres, is described as: LeQal Description Of Survey As Furnished To Surveyor The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the South 30' and the East 30' and the West 30' and less the North 30' thereof, Collier County, Florida, containing 8.37 acres more or less, and The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the North 30', Collier County, Florida, containing 2.30 acres, more or less, and The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 1,29 acres, more or less, and The North 30' of the West 0/4 of the North Y2 of the South Y2 of the Northwest quarter of the Northwest quarter of Section 31, Township 38 South, Range 26 East, Collier County, Florida, containing 0.66 acres, more or less, and The West Y2 of the North Y2 of the South Y2 of the Northwest Quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the North 30', less the West 30', reserved for public right-of-way, containing 4.40 acres, more or less, and The East one-half (1/2) of the East one-half (1/2) of the North one-half (1/2) of the South one-half (1/2) of the Northwest one quarter (1/4) of the Northwest one quarter (1/4) of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 2.54 acres, more or less, and The South Y2 of the South Y2 of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 10.12 acres, more or less. LeQal Description Of Survey As Re-Written For Brevity The Northwest ~ of the Northwest ~ of the Northwest ~ of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest ~ of the Southeast ~ of the Northwest ~ of the Northwest ~ of Section 31, Township 48 South, Range 26 East, and The North Y2 of the Southwest ~ of the Northwest ~ of the Northwest ~ of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and page 1- 1 The Northeast 'l4 of the Southeast 'l4 of the Northwest 'l4 of the Northwest 'l4 of Section 31, Township 48 South, Range 26 East The South Y:z of the South Y:z of the Northwest quarter of the Northwest Quarter of Section 31, Township 48 South, Range 26 East, all being in and a part of Collier County, Florida and containing 29.68 acres more or less. See Exhibit '~": Boundary Survey- (See Section 7: Appendix, page 7-1) 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Livingston Greens, LLC 222 South U.S. Highway One, Suite 209 Tequesta, Florida 33469 See Exhibit "B": Affidavit of Unified Ownership - (See Section 7: Appendix, page 7-2) 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject parcel is located in northern Collier County on the east side of Livingston Road, approximately one mile south of Immokalee Road. (4800 feet north of the Livingston RoadNanderbilt Beach Road intersection,) Vehicular access from Livingston Road to the west acts as the entrance into the community, while the parcel is bordered to the north and south by undeveloped lands consisting primarily of wetland preserves; and bordered to the east by Wilshire Lakes (a PUD community in Collier County). The project site is located in the West 1/2 of Section 31, Township 48 South, Range 26 East. See Exhibit "e": Location Map - (See Section 7: Appendix, page 7-3) B. The zoning classification of the subject property prior to the date of this approved RPUD Document was A: Agriculture. 1.5 PHYSICAL DESCRIPTION The project will be divided into two separate water management basins. Between the basins is an existing flow-way that coveys stormwater from the lands north of the HAMILTON GREENS RPUD including the North Naples Regional Park. The proposed improvement to the HAMILTON GREENS RPUD will not encroach into the flow-way. The two basins will discharge into the existing flow-way that travels northeast to southwest through Wilshire Pines (a community within Wilshire Lakes) and the HAMILTON GREENS RPUD. The discharge into the flow-way will have little effect on the drainage patterns and water levels in the surrounding areas. This flow-way handles stormwater from the areas north of Wilshire Pines and stormwater discharged from the North Naples Regional Park. The project also maintains existing flow conditions in the northwest by preserving the hydric pine flatwoods located in the northwest corner of the site. This preserve is located outside the water management area allowing the natural flow of stormwater traveling from north of Livingston Lakes through the on-site preserves of North Naples Regional Park from being disrupted. Stormwater from these areas will cross Livingston Road and enter the surface water management system for Tiburon development. The eventual outfall is the Cocohatchee Canal The site is bordered by a conservation easement to the north, a second conservation easement area and single-family homes to the east, a third conservation area to the south, and Livingston page 1- 2 Road to the west. The vegetative communities on-site consist of upland pine f1atwoods, wetland pine f1atwoods, cypress wetlands, and existing cleared areas. Varying degrees of exotic infestation are present within the native habitats on the property. The proposed project has been designed to preserve the majority of the wetlands on-site forming a connection between the existing off-site conservation areas to the northeast and south. 1.6 PROJECT DESCRIPTION A. Purpose and Intent The design guidelines for the HAMILTON GREENS RPUD have been established to ensure an overall quality of design throughout the planned community, with the flexibility to achieve an appropriate and harmonious variety in physical development. These design guidelines set forth the minimum standards to be utilized for the planning and design of the individual development parcels and are intended to supplement the existing development regulations of Collier County, Florida and other regulatory authorities. B. Implementation All land included in the residential tracts of the HAMILTON GREENS RPUD shall be subject to a Declaration of Restrictions and Covenants, which shall provide, among other things, formation of a single master property owners' association and automatic membership in the master association by any party holding title to any portion of the property. Build-out of the HAMILTON GREENS RPUD Master Plan is expected to require approximately five (5) years to complete. The developer reserves the right under this development order to modify any of the design criteria established, and to add housing types, subject to approval of a Master Plan modification, pursuant to applicable provisions of the Land Development Code (LDC). The HAMILTON GREENS RPUD community is envisioned as a compact, compatible residential community, comprised of 29.68 acres. Approximately 1.0 acre of the community will be devoted to active recreation uses, as well as various passive recreation uses, such as paths and elevated boardwalks, to serve the residents of the community. The following major elements of the project site are located within the proposed Master Plan: · Significant contiguous areas of wetlands and upland vegetation. · The creation and utilization of surface water lakes for stormwater retention. · The main entrance to the community is from Livingston Road, a publicly dedicated right-of-way. Additionally, the site contains approximately 13.65 acres of wetland preserves, 1.79 acres of upland preserves, and 1.97 acres of lakes. C. Density The number of proposed homes is eighty-eight (88) residential units for a total gross density of 2.96 units per acre (du/ac). 1.7 SHORT TITLE This Ordinance shall be known and cited as the "HAMILTON GREENS RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE." page 1- 3 SECTION TWO 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 tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the HAMILTON GREENS RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections and parts of the LDC (to the extent they are not inconsistent with this RPUD Ordinance) and GMP in effect at the time of issuance of any development orders to which said regulations relate which authorize the construction of improvements, such as but not limited to, final subdivision plat, final site development plan (SDP), excavation permit and preliminary work authorization. Where this RPUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "D", RPUD Master Development Plan (Section 7: Appendix). There shall be seven (7) residential land use tracts, plus necessary water management lakes, street rights-of-way, and natural features, the general configuration of which is also illustrated by Exhibit "D". The Master Plan is conceptual, and the location, size and configuration of the recreational area, water management features, and development tracts shall be determined at the time of final SDP and/or preliminary subdivision plat approval, in accordance with the appropriate sections of the LDC. TABLE 1 PROJECT LAND USE/SITE DATA R-1, R-2, SU TYPE Multi Family UNITS ACREAGE Tract 88 9.08 ACRES DEVELOPMENT PARCELS (less lakes) WETLAND PRESERVES UPLAND PRESERVES LAKES ROADS/ROW 9.08 Acres 13.65 Acres 1 .79 Acres 1.97 Acres 3.19 Acres 29.68 TOTAL ACRES B. Areas illustrated as lakes by Exhibit "D" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water page 2 - 1 retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "D". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of preliminary subdivision plat or SDP approval, subject to the provisions of the LDC or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown in Exhibit "D", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts, excluding preserve areas, as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of eighty-eight (88) residential multi-family units shall be constructed in the total project area. The gross project area acreage devoted to residential purposes is 29.68 acres. The gross project density, therefore, will be a maximum of 2.96 units per acre. This RPUD Document and Master Plan provide for various housing structure types to be built on residentially designated tracts, therefore all housing structures are required to characterize the initial development of platted tract to be carried throughout the development of that entire tract. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The provisions of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said provision, prior to the issuance of a building permit or other development order. B. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with applicable provisions of the LDC, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. C. Utility, road, public, private, easements shall be established as required during the SDP and/or plat approval process. D. Appropriate instruments shall be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACiliTIES Model homes/model home centers including sales center (maximum number) shall be permitted in conjunction with the promotion of the development subject to the following: A. One "dry" structure (3 model units) may be constructed following plat approval, prior to recording of a plat. B. The models permitted as "dry models" shall obtain a conditional certificate of occupancy for model purposes only. C. Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, page 2 - 2 tents, and signs, shall be permitted principal uses throughout the HAMILTON GREENS RPUD subject to applicable requirements of the LDC. 2.7 ASSOCIATION OF PROPERTY OWNERS' FOR COMMON AREA MAINTENANCE 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 property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC. Common area maintenance will be provided by a master property owners' association to be created by the developer. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and preserves serving the HAMILTON GREENS RPUD, in accordance with the provisions of this RPUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.8 LANDSCAPE BUFFERS, BERM, FENCES AND WALLS A. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the HAMILTON GREENS RPUD boundary after subdivision plat or SDP approval. All such areas shall be included in a landscape buffer easement on final plats, or in a separate recorded instrument. B. There is a commitment for an eight (8) foot wall, landscaped on both sides, along the east property line, adjacent to Wilshire Lakes, to be installed prior to vertical construction adjacent to Lake 2 identified on the RPUD Master Plan. 2.9 DESIGN GUIDELINES AND STANDARDS The HAMILTON GREENS RPUD is planned as a private, functionally interrelated community under unified control, to be developed over an extended time period. The developer will establish community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities which include items such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berets and other similar facilities. The developer will achieve the above objectives by means of recorded covenants, conditions, and restrictions. 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the HAMILTON GREENS RPUD except in the Preserve. General permitted uses tie those uses, which generally serve the developer and residents of the HAMILTON GREENS RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the LDC effective at the time of RPUD approval. page 2 - 3 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Neighborhood parks, recreational facilities and community centers. 6. Landscape features such as landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this RPUD or pertinent sections of the LOC. 7. Temporary fill storage. 8. Benches, gazebos, and open space uses. 9. Recreational facilities that serve as an integral part of the residential development and have been designated, reviewed and approved on a SDP or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1 . Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, care-takers units, and access control structures, which shall have no required setback. 2. Setback from property lines - Twenty-five feet (25'). 3. Minimum distance between principal structures, which are part of an architecturally unified grouping - One half the building height. 2.11 OPEN SPACES REQUIREMENTS The RPUD Master Plan identifies approximately 17.4 acres included in the Landscape/Open Space, Lakes and Preserve designations, as well as approximately 2.6 acres of open space cumulatively within the residential tracts. These areas satisfy the open space requirements of the LDC. 2.12 SIDEWALKS/BIKEPATHS A. Pursuant to the LDC, sidewalks/bike paths shall be permitted as follows: 1. An internal pedestrian walkway system shall be permitted within drainage easements. 2. Sidewalks may be located outside platted rights-of-way, when located within a separate sidewalk easement or on a SDP. page 2 - 4 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment at the point of encroachment. page 2 - 5 SECTION THREE RESIDENTIAL DEVELOPMENT AREA 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "D", the RPUD Master Plan, as "R" Residential. (See Section 7: Appendix) 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted in the entire RPUD is eighty-eight (88) multi- family units. The property contains a gross acreage of 29.68 acres and based on a density of less than four (4) dwelling units per gross acre, the RPUD provides for a density of 2.96 units per acre. Distribution of the dwelling units in the residential areas is not predetermined, and may occur as authorized by the SDP approval process. 3.3 GENERAL DESCRIPTION R-1, R-2, and SU designations on the Master Plan are designed to accommodate multi-family residential dwelling units, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. Final tract configuration and actual acreages of all development tracts shall be provided at the time of SDP or preliminary subdivision plat approvals in accordance with the LDC. Residential tracts shall be designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Multi-family dwellings. 2. Townhouses. 3. Garden apartments. 4. Care-taker units. B. Accessory Uses: 1. Customary accessory uses and structures, including private garages. 2. Common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. 3. Recreational facilities that serve as an integral part of the residential development and have been designated, reviewed and approved on a SDP or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 4. Recreational facilities and amenities for use by residents of the residential tracts. page 3 - 1 3.5 DEVELOPMENT STANDARDS (See Table 2) A. General: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided for by this Document, or except as authorized by the SDP approval process. (See Table 2: Development Standards) 1. Table 2 sets forth the development standards for land uses within the "R" Residential District. 2. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with the LDC in effect at the time of SDP or plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3.6 SPECIAL USE (non-residential uses) A. Gatehouse/Guardhouse/Access Control Structure/Care-taker Unit: 1. Gatehouses/guardhouses may be located on any private roadway within the HAMILTON GREENS RPUD. Individual communities or subdivisions within the project may provide gated entrances to restrict access to residents and their guests. Such gatehouses which may be manned or secured by control devices such as card entry, shall be located and designed to ensure safe and convenient traffic flow, and to provide unimpeded access by emergency service vehicles. 2. Details of the design of any gatehouse or guardhouse shall be submitted with an application for SDP approval for individual residential tracts. B. Recreation: 1. The HAMILTON GREENS RPUD Master Plan envisions a complete living environment, providing a variety of recreational facilities and amenities to meet the needs of its residents, 2. There will be a clubhouse facility centrally located within the community. The clubhouse will be for the use of the residents of the entire residential community, offering a pool, spa, fitness center and a community meeting room. The clubhouse will be designed consistent with the architectural theme and quality of the overall community. 3. As part of the clubhouse/ pool facility, a maximum number of twelve (12) cabanas are to be utilized by residents of the community. These cabanas are not to exceed three hundred (300) square feet in size. 4. Development of the clubhouse, as well as all other common recreation facilities, shall be subject to SDP approval by the County. 3.7 RESIDENTIAL AND SPECIAL USE SETBACKS General Application For Setbacks: Setbacks are relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application: page 3 - 2 A. Front Yard: Front yard setbacks shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4. When principal buildings front upon a public or private right-of-way or non-platted drive a minimum distance of ten (10) feet shall separate the principal building and any related parking facility. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however when the parking structure faces the street, a parking apron of at least twenty-three (23) feet shall separate the enclosed parking space from the back of the sidewalk when on a public or private right-of-way or non-platted drive. B. Interior Yards (Not Adiacent any Riaht-of-Wav or Other Private Drive or Adiacent Ooen Soace Area) 1. The setback of principal structures from an interior lot/parcel/tract boundary shall not be less than ten (10) feet. TABLE 2 DEVELOPMENT STANDARDS Minimum Separation Max. Yard Setbacks between Hel ht CI) CI) .. .. "tIO) III S~ .c .c ... .- III ~ e! 0) 0) 0 .. en... ~ -0 "a; "a; .2 III C _Ill Q) :J III III J: J: e 3:0 ... "tI U .e. III u...e! III US U Q) "tI "i u... c:~ II) :J C U II) c< ... :J 0" a: .. "- U C .. :i ... c en 0=< ~ U Use u...W < R1 23 15 10 0.5 BH 0.5 SBH 10 40 50 1500 sf Principal (2) a. Structure 23 R2 (2) 15 10 0.5 BH 0.5 SBH 10 70 75 1500 sf b. Accessory 10 5 10 0.5 BH 10 10 15 15 n/a Structure (3) c. Special SU 10 10 10 10 0.5 SBH 10 45 50 1500 sf Use (4) Notes: All distances are in feet unless otherwise noted. "sf' indicates "square footage" "BH" indicates "building height" "SBH" indicates "sum of the building heights" Setbacks are measured from lot lines, tract boundaries or public or private streets. 1. This setback shall not violate the required 20-foot lake maintenance easement. 2. Front yards shall be measured as per Section 3.7 of this RPUD Document. page 3 - 3 3. Accessory uses such as any authorized recreational amenity (i.e. pool decks, spas, landscape features, cabanas, etc.) may be located within zero (0') feet of a structure. 4. All setbacks for the guardhouse/gatehouse/caretaker unit shall be zero (0) feet from any adjacent roadway or structure. 5. The building height will be measured and defined as per the LOC in effect on the date of RPUO approval. 3.8 PRIVATE ROADWAY STANDARDS A. Private streets shall conform to the right-of-way width requirements of Construction Standard Manual except as follows: 1. Cul-de-sac and local streets less than one thousand feet (1,000) in length shall be required to have two (2) ten foot (10') wide travel lanes. 2. All local streets shall be required to have a minimum forty foot (40') right-of-way and two ten foot (10') wide travel lanes. 3. Cul-de-sacs may exceed a length of one thousand feet (1,000). 4. Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets, and a fifty (50) foot radius for intersections at the project entrance. 5. Tangents shall not be required between reverse curves on any project streets. page 3 - 4 SECTION FOUR CONSERVATION/PRESERVE AREA 4.1 PURPOSE The purpose is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in their natural state, as well as identify permitted uses and development standards for areas within the HAMILTON GREENS RPUD designated on the Master Plan as Preserve. 4.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the residents. 4.3 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, subject to regional state and federal permits when required. Any clearing for these uses will not impact the minimum required vegetation: A. Principal Uses: 1. Open spaces/nature preserves. 2. Passive recreational areas, boardwalks, and recreational shelters. 3. Biking, hiking, and pervious nature trails. 4. Water management structures. 4.4 GENERAL NOTES A. Buffers shall be provided around all wetlands, extending at least fifteen (15') feet landward from the edge of wetland preserves in all places, and averaging twenty-five (25') feet from the landward edge of wetlands. Where natural upland buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit and the LDC. page 4 - 1 SECTION FIVE DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2. GENERAL All facilities shall be constructed in strict accordance with final SDPs, final subdivision plats 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 the LDC shall apply to this project even if the land within the RPUD is not to be platted. The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by commitments within this Document. 5.3. RPUD MASTER PLAN A. Exhibit "D", RPUD Master Plan (See Section 7: Appendix) illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP application. Subject to the provisions 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 service utilities and all common areas in the project. 5.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the HAMILTON GREENS RPUD project is expected to occur in calendar year 2007 - 2008. Construction is expected to be concluded by no later than calendar year 2012. This RPUD shall be subject to the sunset provisions of the LDC. B. Monitorina Report: An annual monitoring report shall be submitted pursuant to the LDC. 5.5. SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS A. The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with the LDC. B. Sidewalks shall be permitted on one (1) side of the roadway when adjacent to preserve areas with limited access areas or single loaded residential roadways. C. All local streets shall be required to have a minimum forty foot (40') right-of-way and two ten foot (10') wide travel lanes. page 5 - 1 D. Cul-de-sacs may exceed a length of one thousand feet (1,000). E. Fence or wall maximum height: Eight feet (8'), as measured from the finished grade of the ground at the base of the fence or wall. 5.6. AFFORDABLE HOUSING The developer wishes to cooperate with Collier County to address affordable housing impacts associated with the project. The developer, or its successor in interest, will make a financial contribution to Collier County in the amount of $1,000 per dwelling unit constructed in the project. This contribution shall be paid prior to the issuance of a CO for the unit receiving the CO. The payment of this contribution shall be credited to the development's obligations to pay affordable or workforce housing fees that may be adopted in the future by Collier County. 5.7 LANDSCAPING The developer shall provide landscaping on both sides of an eight (8) foot wall, along the east property line, adjacent to the Wilshire Lakes development, to be installed prior to vertical construction adjacent to Lake 2 identified on the RPUD Master Plan. This landscaping will be similar in nature to the landscaping (as installed) associated with the Estuary portion of the Grey Oaks development along Golden Gate Parkway. 5.8 DECORATIVE PAVING The developer shall provide decorative paving on both ends of the roadway extending to the easternmost portion of the site. This decorative paving material shall act as a traffic calming device. 5.9 TRANSPORTATION The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, 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 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. Access points, including both driveways and proposed streets. shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. D. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for page 5 - 2 impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with the transportation section of the County's consolidated impact fee ordinance and the LDC, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a rght-of-way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Res. No. 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. H. 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, I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of an existing County right-of-way or easement, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. K. If, in the sole opinion of Collier County, 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. . . 5.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 5.11 POLLING PLACES Pursuant to the LDC provisions 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. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners' associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. page 5 - 3 SECTION SIX RPUD REGULATION DEVIATIONS A. Deviation from 6.06.02.A.3 and 6.06.02.A.4 Sidewalk and Bike Lane Reauirements. Within the HAMILTON GREENS RPUD, a seven (7) foot and five (5) foot concrete sidewalk is designed for one (1) side of the local street instead of the required two (2) sides. These deviations occur in two (2) specific locations within the community as follows: 1. Entrance Drive. The seven foot (7') sidewalk is located along one side (south) of the entrance drive from the property line to the recreation parcel. At that point, a pedestrian crosswalk provides access to a five foot (5') sidewalk that is adjacent to both sides of the local street, throughout the remainder of the western portion of the property. If a second sidewalk was required, a retaining wall along the north side of the entire driveway would be required. Forgoing a sidewalk along the north side of the entrance drive allows for an easier and natural transition from the proposed grade of the driveway, to the adjacent upland preserve area, thus minimizing the overall environmental impact of the site. Additionally, since HAMILTON GREENS is a gated community, a single pedestrian controlled access point into the community is a logical design solution. 2. Access towards Lake #2. The five foot (5') sidewalk is located along south side of the access drive servicing the easternmost portion of the site (towards Lake #2). The cross-section local street is designed to minimize the overall environmental impact, utilizing an existing unimproved roadway to the easternmost portion of the site. This local street services twelve (12) proposed units, therefore the anticipated pedestrian traffic by the residents is low. If an additional five foot (5') sidewalk is required along the north side of the local street in this area, the adjacent preserve areas to the south, as well as the off-site preserve area to the north, would be impacted greater than the proposed configuration. B. Deviation from 6.06.01,J Street System Reauirements. Within the HAMILTON GREENS RPUD, the proposed cul-de-sac roadways extend beyond the maximum one thousand (1000) feet in length. This is to service the easternmost portion of the site (towards Lake #2) while minimizing the overall environmental impact of the development. If the maximum length of the cul-de-sac is limited to one thousand (1000) feet, access to this portion of the site would be impossible. C. Deviation from 5.03.02.C.1 Fences and Walls. Within the HAMILTON GREENS RPUD, the proposed wall height is a maximum of eight (8) feet along the eastern property line (adjacent to Lake #2). This is the height of the wall described, presented and committed to during the two (2) NIM meetings. The creation of this wall, along with the proposed landscaping will minimize the impact on the adjacent land owners in Wilshire Lakes. page 6 - 1 EXHIBIT 1 BOUNDARY SURVEY ~:~ 'q ><; i~ ;",,,, I*, '1 p ~il ~! ; ~ , , t';; t~ '."" ~.~ ~ d -'.' )"; ~ ;J: , e ~ ~ VI ~ ).. ~ ~ a ~ ! g >- w > V) ,..~ cr ~ :~, :::J <t (/) l..J i3 7" >- cr 6 -< K 0 ~ Z :::J -q: 0 :t CD ~ ~ i i a ~ ~ ~: ~ I; i;'; "'!'" ": . < t ; ;i ~! '" ~: ~ j i: .:,. '" I ;. '.. n ~ ~(~~ ,t; ~;;^ ).. 1". ','. r ~. ~ ~ ;;; t ; c, ~ ;1 I; li !Hi ~ '." ..... "... .....' J.. fX ';:': :-': ....., ..~ . ~ :nW ~: ~ '"', "", h ~ xf ~~ ,L: 'n ~ '\. .. ".. "'''\,. '-.. ,~~ ~. .. "... "'<!o.." "\]'0 '"\,. ~ . , ;; ~ i II to I I G! ~ .. ! ~ ~J ~~I ~ ,.;!f~ ~ tift'1a: ~ ~ ~~I ~ ::11.. :. ':I ~ r r ~ ~- ~ , :~ )1 ",,;j i/ . . ',i . "_"~ In':' <k, A - -......:,.. r ! ~ I I' - ;,.46'....... i ~ I ! ! a ~ (lot "1If') 0"'" 0WfYW""~ ." b1 .,.:.'.< 'i . ..;, .< >'{' .'~ ~.~ :'1. , . !-~ ... "":~ . - "'-t- ", I {. ~ <i\ l::! ~ ~ ~ ',1- , IlI.v ~ ~ i! h ;! :~ ~ ~ .~ ~~ ~ ! page 7 - 1 EXHIBIT 2 AFFIDAVIT OF UNIFIED OWNERSHIP COVENANT OF UNIFIED CONTROL The undersigned do herehy swear or affirm that they arc the fee simple titleholders a.nd owners of record of property cllInmnnly known as _.,.....__, Livinllston Greens POD , 222 So, U.S. Hii!hwav 1. Ste, 209, Tequcsta,..!:'L 33~69_ (Street address and City, Statt' and Zip Code) llnd legally described in Exhibit ^ attached bereto. The property descrihed herein is the subject of an application for planned unit development (PUD) zoning. We hereby designate GeOl'l(e L. Val)ladoc, Esquire and Patrick CUllningham. legal representatives thercof, as the legal n:prcscntativcs of the property and as such, these individuals arc authorized to legally bind all owners of the property in the course of sceking the necessary approvaL~ to develop, This authority includes, but is not limited to, the hiring and authorization of agents to assist in tbe prcparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site, These representativcs will rClllain the only entity to autlll>rize development activity on the property until sueh time as a new or amended covenant of unilied control is dclivered to Collicr County. The undernigned recognize the following and will bc guitkd accordingly in the pursuit of development of the ]If(Uect: I, The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning, 2. The legal representative identified herein is responsiblc for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the mastcr plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3, ^ departure from the provisions of the approvl.'(l plans or a faihU"e to comply with any requirements, conditions, or saft'gnurds provided Il,r in the planned unit development process will constitute a violation of the 1.and Development Codc. 4. All terms and conditions of the planned unit development approval will be incorporated into covcnant'i and restrictions which run with the land so as to providc notice to subst:quent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So IOllg as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, atKt conditions of the planncd unit dcvelopment, seck equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planncd unit development and the County lIlay stop ongoing construction activity until the project is brought into compliance with all tt.'l'ffiS, conditions und safcguards of the planned tUlit development. LIVINGSTON GREENS, LLC By: '1"'/ ' . ......,......_.. .~,._~_,_......,...,.....".~~.. .~_. ._~w^'.,,_' ,~...._,_"w..._._.__.._.:", Rich I'd P. Bellinger, Manag\:r .'..i I....' STATE OF FI.ORID^) COUNTY OF COtxfER) f'(\~(f\ Bl', It< ,\{ ,/ Sworn h) (or affirmed) and subSCribed before me this _;,j:~_~_ day of ____111 IV I , 200( by I) . ,.\((~..,J p. B f' ( Il~(~<:{ '. ~ ,t.1.n,~ ,..~~~ht~~~~. ,~ ....;.""&81011 ~. ~ 41 ..,::).0" ~.<.... ,,:!C:;>." t. .1('.1" .~, ~ ...... _ · July 26,2008 . *.. .. * : .........;...-... . s ... ... "".;19- 1lOD31617& ~:Ji}... "'_r;.;>,. '"' 11or.J.l'I.'fC.~. es' ...?-9.......~~~~' #,:~.~~,.... ~<l"i,'~. who is p~~('n_~!ly~g~u to me or has produced ~_~Cli~we!~~ (~~~;:.d, ~ri~t~}:/';~~)---'" (Serial Number, ifany) page 7 - 2 EXHIBIT '2-A' (For Covenant Of Unified Control) LEGAL DESCRIPTION The subject property being 29.68 acres, is described as: Leqal Descriotion Of Survey As Furnished To Surveyor The Northwest quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the South 30' and the East 30' and the West 30' and less the North 30' thereof, Collier County, Florida, containing 8.37 acres more or less, and The Northwest quarter of the Southeast quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, less the North 30', Collier County, Florida, containing 2.30 acres, more or less, and The South 30' and the East 30' and the North 30' of to the Northwest Quarter of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 1.29 acres, more or less, and The North 30' of the West % of the North ~ of the South ~ of the Northwest quarter of the Northwest quarter of Section 31, Township 38 South, Range 26 East, Collier County, Florida, containing 0.66 acres, more or less, and The West ~ of the North ~ of the South ~ of the Northwest Quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, less the North 30', less the West 30', reserved for public right-of-way, containing 4.40 acres, more or less, and The East one-half (1/2) of the East one-half (1/2) of the North one-half (1/2) of the South one-half (1/2) of the Northwest one quarter (1/4) of the Northwest one quarter (1/4) of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 2.54 acres, more or less, and The South ~ of the South ~ of the Northwest quarter of the Northwest quarter of Section 31, Township 48 South, Range 26 East, Collier County, Florida, containing 10.12 acres, more or less. Leqal Descriotion Of Survey As Re-Written For Brevity The Northwest X of the Northwest X of the Northwest X of Section 31, Township 48 South, Range 26 East, Less The West 30 feet thereof, and The Northwest X of the Southeast X of the Northwest X of the Northwest X of Section 31, Township 48 South, Range 26 East, and The North ~ of the Southwest X of the Northwest X of the Northwest X of Section 31 Township 48 South, Range 26 East, Less The West 30' thereof, and The Northeast X of the Southeast X of the Northwest X of the Northwest X of Section 31, Township 48 South, Range 26 East The South Y2 of the South Y2 of the Northwest quarter of the Northwest Quarter of Section 31, Township 48 South, Range 26 East, all being in and a part of Collier County, Florida and containing 29,68 acres more or less. page 7 - 3 EXHIBIT 3 LOCATION MAP The subject parcel is located in northern Collier County on the east side of Livingston Road, approximately one mile south of Immokalee Road. (4800 feet north of the Livingston RoadNanderbilt Beach Road intersection.) Vehicular access from Livingston Road to the west acts as the entrance into the community, while the parcel is bordered to the north and south by undeveloped lands consisting primarily of wetland preserves; and bordered to the east by Wilshire Lakes (a PUD community in Collier County). The project site is located in the West 1/2 of Section 31, Township 48 South, Range 26 East. See Location Map - (below) 4 QUEEN L (; KING GEORGE LA -6 HENRY LA 7 WtLUAM CT 8 ERICK LAKE DR 30 9 STERN CIR 10 SAILfiSH LA 11 COURT WY 12 COURT LA 13 PRESERVE WY page 7 - 4 EXHIBIT 4 RPUD MASTER PLAN i,1!! I eplJOI::f U91d Jel~~~aJQ~~ Ij1Hf and~SUaaJD UOlllWeA :'~:U~~Hb ~ ~, . .li~~~'$ _ ,Sbr,;t.. IX! ,..!' I ~~~J ;~!J x ijlll !~,J W !.1 .t mill JiJ'd lid}lf ! I I ~I~I hh J~~I !H J w ~_m '.'-r----::dI , ~""~.;,,~ . " . Co :i a -~ <=lI g ..... ~ II)-lillll It ~ It_ tt ~ '~I~9..a eo . ~al If 2 ~~!.1~~~. ..~ -= I U H. .. 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"'1 J "1i:1 In.h"1 WliJi!!1I page 7 " 5 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2007-27 Which was adopted by the Board of County Commissioners on the 13th day of February 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of February 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners \' '0'\J~~CLL~1c \'-~ere~~ Dl1lal?d, ;;~ D~p1..tty CJ;~k '~,' ~'~ :: ~','t"v ~": ,v <:.; " ,'; J1 J"