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Agenda 10/14/2008 Item #17BAgenda Itern No. 178 October 14, 2008 Page 1 of 151 EXECUTIVE SUMMARY PUDA- 2008 -AR- 13063, Dwight Nadeau of RWA, Inc. and Mr. Tony Pires, Esquire, of Woodward, Pires and Lombardo, representing the Corporation of the Silver Lakes Planned Unit Development (PUD), requesting an amendment to Ordinance No. 05 -14, the Silver Lakes Planned Unit Development (PUD), to permit additional, air- conditioned living area within certain accessory structures. The +146 -acre subject property is located approximately one and a half miles south of the Tamiami Trail East (US 41) and Collier Boulevard (CR 951) intersection, in Sections 10 and 15, Township 51 South, Range 26 East, of Collier County Florida OBJECTIVE: To have the Board of County Commissioners (BCC) consider an amendment to the Silver Lakes PUD (Ordinance No. 05 -14) to permit additional, air- conditioned living area within certain accessory structures; and to make certain that the project is in harmony with the applicable County codes and regulations in order to maintain the community's interests. CONSIDERATIONS: On March 29, 2005, the BCC approved Ordinance No. 05 -14 for the Silver Lakes PUD, which established a mixed -use development comprised of various "park and travel trailer recreational vehicle (TTRV)" uses, "recreational residence" uses, accessory uses, a nine - hole Golf course, clubhouse and passive recreational open- space. One of the permitted accessory uses was a "roofed, aluminum, screen /glass and /or vinyl enclosed porch," which several residents effectively converted into additional living shuce by equipping them with air - conditioning. In order to legitimize the existence of these air- conditioned accessory structures as additional living space and to permit the future construction of similar ones by other PUD residents, the property owners association is requesting a PUD Amendment (PUDA) to allow this type of accessory use to be air - conditioned, provided that, in general, its overall area does not exceed the permitted square - footage of the associated principle structure. FISCAL IMPACT: The rezoning action, in and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development; however, if the PUD is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on its public facilities. These impact fees are used to fund projects identified in the Growth Management Plan's (GMP) PUDA 2008-AR-13063 CiC'c; 71 2'age 2 Capital hnprovement Element (CIE) as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02.07(C) of the Land Development Code, 50 percent of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building pen-nit review fees and utility fees associated with connecting to the County's water and sewer system. It should be noted that the inclusion of impact fees and collected taxes are for informational purposes only, and they are not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict on the Future Land Use Map (FLUM) of the GMP. The proposed amendment does not affect the approved density of 3.83 dwelling units per acre within the PUD, which is consistent with the Future Land Use Element (FLUE). As such, staff deems the subject PUDA to be consistent with the FLUE of the GMP. AFFORDABLE HOUSING IMPACT: Affordable housing was addressed at the time of the original rezone and is not affected by this application. ENVIRONMENTAL ISSL3ES: Environmental Services staff has reviewed this amendment request and has determined that there are no environmental issues associated with it, as all environmental concerns were addressed at the time of the original rezone. EN17RONMENTAL ADVISORY COUNCIL (EAC) RECOI IMENDATION: This petition was not heard by the EAC as no Environmental Impact Statement was required for the proposed amendment. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their September 4, 2008 meeting, and voted unanimously (7 -0) to forward this petition to the BCC with a recommendation of approval. Because this item received a unanimous recommendation of approval and no letters of objection were received from the community, it has been placed on the BCC's Summary Agenda. PUDA 2008 -AR -93063 2 „ber ' 4. 2,” !3 P 3 u 1 1 LEGAL CONSIDERATIONS: This is an amendment to the existing Silver Lakes PUD (Ordinance No. 2005 -14), which proposes to amend the PUD to pen-nit additional, air- conditioned living area within accessory structures. This proposed amendment is quasi - judicial in nature. As such the burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the BCC, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the folloitinl questions. The answers assist you in nrakinl- a determination for approval or riot. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recorrrmendatr'orrs of this type shall be oracle Drily after consultation with the County Attornev. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design. and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. PUDA 2008 -AR -13063 3 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public sa 'ly? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a zraiit of special privile- to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) PUDA 2008 -AR -13063 4 cilNd ft��t hJF:r. , t cf 1 1 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already pennitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability, of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, article II], as amended. 26. .Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board of County Commissioners hearing as these materials relate to these criteria. MMSS RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve PUDA -2008- AR- 13063. PREPARED BY: John -David Moss, A1CP, Principal Planner Department of Zoning & Land Development Review PUDA 2008 -AR -13063 5 ,11 Pw,e I of 2 51 COLLIER COUNTY E�C,!,,RD C�F _-CJNTY CCIMM.ISSIONERS Item Number: Item Summary: This ;1ern requires that 2A participar,is be sworn in and ex parte disclosure be provided by Commission rnernbe,-s PUDA-2008-AR-1 3H3, Silver Lakes Property Owners Association of Collier County.. Irc_ represented by Dwight Nadeau of FVVA Consulting, Inc. request a PUD Amendment to the Silver Lakes P!jD (Ordinance No. 05-14) to provide additional living space for specific accessory structures. The ',46-acre subliect property is located approximately one and F half n - des south of the T3Mjarni Trail (US 41; and Collier 501-11evard (C.R 951) intersection in Section 1,3, Township 51 South. Range 26 Fast, C011"C' OC)Urty Florida (CTS) Meeting Date: '0114/2039 c' 00 00 AM Prepared By Jahn -David Moss Senior Planner Date Community Deve opirient& c, z C', 7CR I A for, Approved By Zoning & Land Dcvclzipme nt 9 2 12l 0 0 8 2: " 4: 5 4 AM ,1 2, Envirormerlal Services Approved By Judy Puig 0 P e, -a t i 0 n zi I y s t Date Community Development Community Development Yb Approved By Mi E:rviron.-nental Servic:,s En v ir --) 7. -n o n t al S e ry i c s A min. Approved By c, z C', 7CR I A for, Approved By Susan istienes, �,I-_P E n v; - o nn i r " a! S e V Approved By Do t:111 710 Approved By , v-, E i - o r -, e, rt a I Sa r v ic: e s 1,.,, Approved By C'N'r,S) CcorfloatLr Of;-,,�_ C_ Office Cfficf- Approved By file:/ /C:\AL,eiidaTest\Exiiort\1 14-0ctober%2014.%202008\1 7.°'020SUMMARY%20AGEN... 10/8/2008 ~~ �a,k|sa--I,son euune, t:ahM County wmnagersOffice oMcemman-agernentaBudget Approved By jamesv.mugu CnumvMIcnaQer Board mCounty County Manaoe/sO:/ca Commissioners �te 1011,12008 9:10 A10 Date 10,1111.008 4;17 PM Pa-t2of21 �g�nd�}iemNo. 17B 0 c|obsr^4.2OO8 Psge7of��1 D\c:/XC:\\�codaTusbExood\||4-[c1obec%2O|4.%2020UX\|7.Y62O9OK��/\RYY�20/\U6Y�— 10/8/2008 . - Co *,-r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: HEARING DATE: SUBJECT: Agenda Item N©. 17B AGENiIv 0 9,60A 3 sa e ( ,:,1 DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES AUGUST 21, 2008 PETITION NO: PUDA- 2008 -AR- 13063, SILVER LAKES PLANNED UNIT DEVELOPMENT (PUD) PROPERTY OWN�TER/AGENT: Owner: Silver Lakes Property Owners Association of Collier County, Inc. 1001 Silver Lakes Boulevard Naples, FL 34114 Agents: Dwight Nadeau RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 REQUESTED ACTION: Mr. Tony Pires, Esquire ) oodward, Pires and Lombardo 3200 Tarniami Trail North, Suite 200 Naples, FL 34109 The petitioner is requesting that the Collier County Planning Commission (CCPC) recommend approval of an amendment to Ordinance No. 05 -14, the Silver Lakes Planned Unit Development (PUD), to permit additional, air - conditioned living area within certain accessory structures. GEOGRAPHIC LOCATION: The - 146 -acre subject property is located approximately one and a half miles south of the Tamiami Trail East (US 41) and Collier Boulevard (CR 95 1) intersection, in Sections 1.0 and 151 Township 51 South, Range 26 East, of Collier County Florida (see location map on following page). PURPOSE/DESCRIPTION OF PROTECT: On March 29, 2005, the Board of County Commissioners (BCC) approved Ordinance No. 05 -14 for the Silver Lakes PIJD, ,Ahich established a mixed -use development comprised of various "park Silver Lakes PUDA - 2008 -AR -13063 August 21, 2008 CCPC Page 1 of 5 cc - Z:) Ll' J) -�S 01 iON . . ......... . __�____ . . .................. 0-0 I C) z z 0 N CL z 0 F- L) 0 -j tD ull r4, 173 Ocioher 14. 2-DA P<acte 101 0' 1 and travel trailer recreational vehicle (TTRV)" uses, "recreational residence" uses, accessory uses, a nine -hole golf course, clubhouse and passive recreational open - space, as described in the approved PUD document (see Appendix 3). One of the permitted accessory structures to the principal uses was a "roofed, aluminum, screen/glass and/or vinyl enclosed porch," which several residents effectively converted into additional living space by equipping them with air - conditioning. In order to legitimize the existence of these air - conditioned accessory structures as additional living space and to permit the future construction of sunilar ones by other PUD residents, the property owners association is requesting a PUD Amendment (PUDA) to allow this type of accessory use to be air- conditioned, provided that, in general, its overall area does not exceed the permitted square - footage of the associated principle structure (a more complete description of the size limitations is contained in the Zoning Review portion of this report on page three). The proposed changes to Ordinance No. 05 -14 are shov~n in strife- through and underline format in the attached ordinance. No other changes to the approved ordinance or to the PUD Master Plan are proposed. AERIAL VIEW SURROU\TDING LAND USE AND ZONING: North: Vacant; zoned ASGN Business Center of Naples PUD and Estates (E) Si!ver Lakes PUDA- 2008 - Aft -13063 August 21, 2008 CCPC Page 2 of 5 Pa -1 -2 . ! rJi ..;1 East: Cleared land, zoned Copper Cove Preserve PUD, with an approved density of 2.96 dwelling units /acre; and mobile homes; zoned Mobile Home (MH) South: TTRVs; coned Pelican Lake PUD, with an approved density of 3.9 dwelling units /acre West: Collier Boulevard, then Rookery Bay National Estuarine Sanctuary and FP&L property, zoned Agricultural (A); and developed property, zoned Heavy Commercial (C -5) GROWTH MANAGEMENT PLAN (GIMP) CONSISTENCY• The subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict on the Future Land Use Map (FLUM) of the GMP. The proposed amendment does not affect the approved density of 3.83 dwelling units per acre within the PUD, which is consistent 'Aith the Future Land Use Element (FLUE). As such, staff deems the subject PUDA to be consistent with the FLUE of the GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition the Land Development Code (LDC) criteria upon which a recommendation must be based, specifically noted in Subections 10.02.13.13.5. and 10.03.05.1-1, which establish factual bases to support a recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents, and have been attached to the staff report as Exhibits A and B. In addition to these documents, staff offers the following analysis: Environmental Review: Environmental Services star has reviewed this amendment application and has determined that there are no environmental issues associated with it, as all environmental concerns were addressed at the time of the original rezone. Transportation Planning Review: Transportation Planning staff has reviewed this project and has determined that the proposed amendment would not add any new site- generated trips. Therefore, no traffic impacts are associated with this PUDA. Utilities Review: Any portions of this project to be developed would be required to comply with Ordinance 2007 -60 and subject to the conditions associated with a Water and Server Availability Letter from the Collier County Public Utilities Division at the time of Site Development Plan (SDP). However, no new public utility issues are associated with this PUDA. Emergency Management Review: Since the proposed amendment would not increase the number of approved dwelling units, there l%rould be no adverse impacts on the evacuation and sheltering requirements for t }.e Coui.ty. Zoning Review: The subject petition proposes to permit additional, air- conditioned living area within certain enclosed accessory structures; Nvith the maximum square - footage of these accessory str etures to be no more than the area of the principal structure, up to 500 square -feet for par1JTTRV dwellings and 700 square -feet For the recreational residence dwellings. ThP only Silver Lakes PUDA- 2008 -AFt -13063 August 21, 2008 CCPC Page 3 cf 5 ' gen�a llen-i No. 173 r" E 12 Of 15 1 exception to this rule would be for over - the -road recreational vehicles, which are those not typically anchored to the ground permanently (i.e. all of the TTRN7s described in Section III of the PUD document, except for the "park trailer" model, defined in subsection 3.2.13.). Rather, these vehicles would be permitted to have an accessory air - conditioned structure up to 500 square feet in size, irrespective of the square - footage of the recreational vehicle. It should be noted that the setbacks for accessory structures originally approved with the PUD would remain the same. NEIGHBORHOOD INFORMATION MEETING (NIM}: (Synopsis provided by Cheri Rollins, Administrative Assistant) The NIM meeting was held by the applicant at 5:30 p.m, on March 31, 2008, at the Silver Lakes Park Diamond Club. Approximately 75 people from the Silver Lakes community were in attendance, as well as the applicants' agents, Dwight Nadeau, of RWA, Inc. and attorney, Tony Pires of Woodward, Pires and Lombardo; and county staff. Mr. Pires presented an overview of the PUDA that, if approved, would render currently constructed and fixture air - conditioned accessory structures consistent with the PUD. One participant wanted to know if the PUD amendment would be in compliance with all laws, if it were approved. Numerous others wanted confirmation that the amendment would allow them to completely enclose (with roofing, windows, etc.) their accessory structures' additional square - footage. Mr. Pires confirmed that they would, with the proviso that they must do so within the required setback area. Finally, Mr. Pires gold participants that all applicable impact fees would have to be paid. The remainder of the discussion was really outside the scope of the NIM's agenda and occurred between the Silver Lakes Board and their community members, centering on how the cost of the PUDA was being funded. The meeting ended at approximately 6:45 p.m. However, because the Naples Daily Neves erred in their advertisement of the meeting, a second NIM had to be scheduled. This meeting was duly noticed and held at 5:30 p.m. on May 18, 2008 at the same location. Only a few of the community members attended this meeting, at which Mr. Pires re- presented the proposed amendment and addressed the issues that had arisen at the first NIM. None of the attendees had any questions after his presentation, and the meeting was ended at approximately 6:00 p.m. As of the writing of this report, staff has received no letters of objection to the PUDA from the cominwiity. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA - 2008 -AR -13063 to the Board of County Commissioners with a recommendation of approval. APPENDICES: 1. Rezone Findings 2. PUD Findings 3. Ordinance No. 05 -14 Silver Lakes PUDA - 2008 -AR -13063 August 21, 2008 CCPC Page 4 of 5 t'ac,e 1 01 PREPARED BY: __ ZL; S JO -DAVID MOSS, AICP, PRINCIPAL PLANN'NER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: 7. - ?- 31- a 8 T r_r- j DT n C T4'TY�TAT Cj4 p n 54f tx n 7." W . t 1;ca M-3 — -- �-_— �_�_..� DATE ASSISTANT COUNTY ATTORNEY / ao RAY ND V. BELLOWS, MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW /31 1otq SUSAN MI ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: t—i -w—� _/' d b - 9 EPHO K. SCHMITT, ADMINISTRATOR DATE C MMUNI`I'Y DEVELOPMENT & -VIRONMENTAL SERVICES DIVISION Tentatively scheduled for the October 14, '2008 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: """ -- N'IARK P. 1STRAIN, CI-IAIRM.AN Silver Lakes PUDA- 2008 -AR -13063 August 21, 2008 CCPC Page 5 of 5 � - q'0 �' DATE 0c c }:per 4. '00)8 Appe6d4i REZONE FINDINGS PETTTION PUDA - 2008 -AR -13063 Silver Lakes PUD Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. As stated in the staff rep-61t, the subject property is designated Urban Mixed Use District, Urban Coastal Fringe Subdistrict on the` Future Land Use Map (PLUM) of the Growth Management Plan (GMP). According to the Future land Use Element (FLUE), the uses proposed with the development are allowed by the Subdistrict. Therefore, the project is consistent with the GMP. 2. The existing land use pattern; - The subject site is immediately bordered by residential PUDs with similar densities; the MH and E zoning districts; and a business park PUD. Across Collier Boulevard to the west, the land is zoned A and C -5. With appropriate buffering and screening, the PUD was found to be compatible with this land use pattern at the time of its rezoning. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject petition is to amend an existing PUD zoning district. Therefore, approval of the subject petition would not create an unrelated isolated district. As noted above, the GMP anticipates the uses planned for by the PUD and the surrounding residential uses have a similar density. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing boundaries of the subject property are not irregularly drawn in relation to the existing conditions. The location map on page two of the staff report highlights the logical, rectangular shape of the subject PUD's boundary. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUDA is not imperative, However, the request is reasonable because the proposed wnendinent would allow for increased living area within the dwelling units Page 1 of 3 l'.?nn No. i u J is r 4. _'00)3 Appen-dix —J without compromising either the design standards or the number of units permitted by the approved PUD. Furthermore; according to the applicant, the original intent of the PUD was, in fact; to allow the type of accessary structure being proposed. As such, approval of the petition would address the dilemma faced by residents who believed that such structures were permitted; and resolve the ongoing permitting problems that arise as they attempt to build them on their property. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed change to the Silver Lakes PUD will not adversely affect the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed change will have any impact on traffic congestion as the project's density w=ould remain unchanged. 8. Whether the proposed change will create a drainage problem; The proposed amendment would not change the current approved development plan. Additionally, the LDC and GMP have regulations in place to ensure review for adequate drainage on the proposed PUD. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed change would not have an adverse impact on adjacent properties in terms of the reduction of light or air. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results which may' be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by the market. 'There is no guarantee that the project would be marketed in a manner comparable to tlae surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property- in accordance with existing regulations; The adjacent properties are all developed or have already beers rezoned fur deNielonrni -nt, Thi -re. nre, the nro nocal w-oTld not be a deterrent to their :mp :,overnelit. S, r w. Page 2 of 3 r'an`ch iteill Nlo. '17B October 1 A = 008 Appenuik ' -,f Q ' 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; As stated, the proposed amendment complies with the Urban Coastal Fringe Subdistrict designation of the GMP. Furthermore, land use applications are subject to a public hearing process to insure that they do not constitute a grant of special privilege or are inconsistent with other properties in the vicinity in which they are situated. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; No. However, the amendment will legalize the current structures that are being used as additional living area; and permit other owners of the PUD to increase the air conditioned area of their units. 14. Whether the charge suggested is out of scale with the needs of the neighborhood or the County; The proposed amendment does not increase the number of approved units or density. In addition the approved PUD has previously been deemed to be in conformance with the goals and objectives of the GMP, and to be consistent with the approved density of the adjacent residential zoning. Therefore it is not out of scale with the needs of the neighborhood. 15. Whether is it impossible to rind other adequate sites in the County for the proposed use in districts already permitting such use. The proposed amendment will not change the permitted uses already approved for the subject site; and it was reviewed and deemed compliant with the GMP and the LDC. Therefore, the fact that other adequate sites for the proposed uses exist should not be a determining factor. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make= the property usable for any of the range of potential uses under the proposed zoning classification. The PUD is already developed and the area has already been cleared. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The proposed PUD amendment would them and to the not have a greater impact on public facilities or services than the existing, approved PUD since the density would remain the same. Page 3 of 3 ,tt� ber 14, 2,- "S I- Appendix 2 FINDINGS FOR PUD PETITION PUDA- 2008 -AR -13063 Silver Lakes PUD Section 10.02. 13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The project is located within the Urban Coastal Fringe Subdistrict. The uses in the Silver Lakes PUD are consistent with those permitted in the Subdistrict. The proposed PUD amendment is, therefore, consistent with the Future Land Use Element (FLUE) of the GMP. The minor changes to the PUD would not affect surrounding areas, traffic and access, drainage, sewer, water or other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Evidence of unified control «as provided with the application. All arrangements for the continuing operation and maintenance of the Silver Lakes PUD were made at the time of the original rezone and would not be affected by this PUDA. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GNIP). The project as proposed is consistent with the Future Land Use Map (FLUM), which desi <anates the subject property as Urban Coastal Fringe Subdistrict. The subject petition has been found consistent with the goals, objectil es and policies of the GIMP, as stated on page three of the staff report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As noted in the staff report, the subject parcel is located in the Urban Coastal Fringe Subdistrict, which permits the approved uses. Additionally, the proposed amendment to Ordinance No. 05 -14 vViould net affect the approved density or setbacks of the PUD. As such, this petition is compatible both internally and externally. Page 1 of 2 r.aarida i ert) No. 17D 0- ,u")er 14, 2DO8 Page 18 of 1:a1 Appendix 2 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The minimum 30 percent open space requirement of the LDC would still have to be met if this amendment were approved. G. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. This proposed amendment would not change the timing or sequence of development. Furthermore, no capacity issues would be created by its approval. 7. The ability of the subject property and of surrounding areas to accommodate expansion. No further expansion would be permitted on the PUD, and approval of this petition would not affect surrounding areas. S. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Staff has reviewed this petition and found it to be consistent with the Future Land Use Element (FLUE) and all the elements of the GMP. The proposed PUD standard would not change the approved density, setbacks or open space requirements of the PUD so, no compatibility issues are anticipated. Page 2of2 i' AAR r Ila FYI§ ORDINANCE NO. 05- 24 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPRE €IENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP(S) BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "MPUD" 10iXED USE PLANNED UNIT DEVELOPMENT KNOWN AS SILVER LAKES PUD, FOR PROPERTY LOCATED AT 1001 SILVER LAKES BOULEVARD IN SECTIONS 10 AND 15, TOWNSHIP 51 SOUTH, RANGE 267,— ; EAST. COLLIER COUNTY, FLORIDA, CONSISTING Ohr-: -.. i46-1- ACRES; PROVIDING FOR THE REPEAL OI'=:- ; ;:J t s ORDINANCE NUMBER 91 -90, ] -HE FORMER SILVER: --- ^a LAKES PUD; AND BY PROVIDING AN EFFECTIVEr" - D.ATiE. - r7 yrn � WHEREAS, D%vight Nadeau of RWA, Incorporated, representing Conquest Development V. U. S. A., L. C., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, ICE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONF: The zoning classification of the herein described real property located in Section 10 and 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "MIRLD" Mixed Use Planned Unit Development in accordance with the N4PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map(s), as described in Ordinance Number 2004 -41, the Coliicr County Land DnN,clopment Code, is /arc hereby amended accordingly. SECTION TVdO: Ordinance Number 91 -90, known as the Silver Lakes PUD, adopted on September 24, 2001 by the Board of County Conrrnissioncrs of Collier County, is hereby repealed in its entirety. Page I of 2 3c A:ienc�a liem 17B loctolber 14, 20(18 ' �j F a,,, e 2) ' v( I SECTION THREE; This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADj OPTED by the Board of County Commissioners of Collier County, Florida, this _2.Z�day of 2005. ATTEST: DWIGHT E 5ROCK, CLERK ' , MA Su I "�Y---%" - 5\ I 11v"t Marjorie M. Student Assistant County Attorney PUD7-A-2003-AR49421MDAd BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: (A) IL� FRED W. COYLE, CHAUZYAN This ordinance filed with tha Page 2 of 2 Secretary cf Mate's 04fic? th" I 4t. i x f. cnd of fill g "Teived 7--r: By r -,1 SILVER LAKES ►1 MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: CONQUEST DEVELOPMENT USA, L.C. 1401 SILVER LAKES BLVD. NAPLES, FLORIDA 34114 PREPARED BY: P WTA.�. C0NSU1 -71NG m.'l4.. ■ T! -a- RWA, INC. 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, F LORfDA 34104 DATE FILED 10/29/03 DATE REVIEWED BY CCPC 1/20105 DATE APPROVED BY BCC 3/22,105 O T1.11F1.:1 AN CE TV BER 11.7-' l Y EXHIBIT "A" X' (01' +JI- 009!.OU Silccr I-.a:es:000I Insubstantiai PUC A- cndrn^ -n: 13'3S20C 3- Amendm.ent`Sit ,e7 1':;p 3 -2? =05 CI_an.doc TABLE OF CONTENTS O ;0C 4. 20C3 p of iE1 PAGE LIST OF EXHIBITS I STATEMENT OF COMPLIANCE 1I SECTION I PROPERTY OWNERSHIP &. DESCRIPTION 1 -1 SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III LOW DENSITY PARK/TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3 -1 SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4-I SECTION V COMMONS /RE CREATION AREA 5-1 SECTION VI CONSERVATION AREA 6 -1 SECTION VII BUFFER AREA 7 -1 SECTION VIII DEVELOPMENT COMMITMENTS 8 -1 N,2001'M0 0091 00 Silvcr Lakrc50001 tnsubstamial PUD Amendment !137351«0()3- Amendmentl,';liver Lakes PUD 3 -22 -05 Cican,doc t 3,- 7 0 -e 2,31 of "51 LIST OF EXHIBITS EXHIBIT A Mixed Use Planned Unit Development Master Plan '2001'� I -0cq 1 00 silyr, , Lakc5MOI insAstnnnal PUD Ame idricntP3735,ZO,03-Amendmrnt,,Silver Lakes PUD 3-,,2-Q5C1z:2n.dcz Agenda Item Nio. 1 7 B Cl ;tabor 14. 2008 Page 2 4 ) f 151 STATEMENT OF COMPLIANCE The development of approximately 146 acres of property in Collier County, Florida as a Mixed Use Planned Unit Development (MPUD) to be known as Silver Lakes will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The recreational residential and recreational facilities of the Silver Lakes MPUD will be consistent with the growth policies, Iand development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The subject property is within the Urban Coast Fringe Subdistrict 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 proposed gross density of the Silver Lakes development, being 3.83 lots per acre is derived from the Density Rating System of the FLUE from Collier County's GMP. Therefore, the gross density of the Silver Lakes development is consistent with Collier County's GMP. 3) The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4) Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5) The project development will result in an efficient and economical extension of community facilities and services as required in Policy 5.3 of the FLUE. 6) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in regulations required by Objective 1.5 of the Drainage Sub - element of the Public Facilities Element. 7) The project shall comply with the provisions of Sections 6.02 and 10.02.07 of the LDC, and therefore, it will implement, and further Objective 2 of the Future Land Use Element. 11 N:LO01'01- 0691.00 Silver Lakm\0001 insubstantial PUB Amcndmcrt #3'73 51200 3- Amendmcntl.Silver lakes PUT) 3 -22 -05 0can.doc SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE: The purpose of this Section is to set forth the Iocation and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Silver Lakes MPUD_ 1.2 LEGAL DESCRIPTION: The subject property being approximately 146 acres, is described as the South '/z of the Southeast t/4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the South %2 of the Southwest 1/4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the North 220.00 feet of the North %z of the North 1/2 of Section 15, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida. 1.3 PROPERTY OWNERSHIP: The subject property is currently under the ownership of the individual lot owners, Conquest Development USA, L.C. and the Silver Lakes Property Owners Association of Collier County, Inc, 1.4 SHORT TITLE This Ordinance shall be known and cited as the "Silver Lakes Mixed Use Planned Emit Development Ordinance." 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: A. The project site is located in Sections 10 and 15, Township 51 South, Range 26 East. Furthermore, the subject property is located on the east side of State Road 951, approximately 1 '14 miles south of East Tami xni Trail (U.S. 41). B. The zoning classification of the subject property prior to the date of this approved MPUD Ordinance was PUD. 1.6 PHYSICAL DESCRIPTION: The project site is on the east side of Collier Blvd. (S.R. -951) in the Rookery Bay Watershed. The subject property receives little or no run -off from adjacent properties due to the existing farm outfall swales on adjacent properties, and the Collier Blvd. (S.R. —951) drainage system. Traversing through the site is an FPL easement, which isolates the property into two portions. Existing ground elevations range from +3.4 to —4.2 N.G.V.D., with the higher elevations in the northeast corner causing a southwesterly flow of on -site run-off - 1 -1 N 2OIN1- 0091.00 Silver [akes`.0001 bnsub,landai PUD Arncsidmcnt 93735 \2003- AmcndmcntUlbver ia:e; PUD 3.22 -05 Clcandoc Benda item No. 1 -a October 14, 2008 Page 26 of 1.i 1 Water management for the proposed project will be accomplished by two interconnected on -site lakes. Runoff will be directed to the lakes through a series of grass swales and culvert systems. Project discharge is into the adjacent Collier Blvd. (S.R.. -951) roadside outfall canal that runs along the westerly property boundary and flows toward Rookery Bay. The water management system will provide a balance between the needs of the residents of the project and the requirements of the natural hydraulic systems of the area. The soils found within the project boundaries include predominantly equal portions of Arzell fine sand and Charlotte fine sand and minor areas of Immokalee fine sand in the northwest, southwest, and southeast corners of the property. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March; 1954. 1.7 PROJECT DESCRIPTION The Silver Lakes MPUD shall be a mixed -use development incorporating park / travel trailer recreational vehicle (park/TTRV) development with recreational residential development. Also, the project will offer diverse recreational amenity opportunities. The amenities proposed to be provided in the project include, but are not limited to, a 9 -hole golf course, typical accessory uses, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces, and a wide variety of outdoor recreational opportunities. Each lot will be served with publicly provided utilities including potable water and electricity. Collier County provides sewer service via its central system. 1 -2 NA2001`01 0091 .00 Silver Ukcs\000S lnsubstaniial PUi) ,4mcndmcnt N3 7 3 512 00 3•AmendmentlSilver lake PUd 5 -22 -05 0tan.doc SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE: r =7 ne =7 The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Silver Lakes MPUD. 2.2 GENERAL: A. Regulations for development of the Silver Lakes MPUD shall be in accordance with the contents of this Document, MPL`D- Mixed -Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building permit application. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set fortis in the Collier County LDC in effect at the time of SDP approval or plat approval, where applicable. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Silver Lakes MPUD shall become part of the re,— rations :which govc—in the mar„-)cr in which the iJiPUD site may be developed. 2.3 PROJECT PLAN AND LAND USE TRACTS: A. The MPUD Master Plan, including layout of streets and general depiction of iand uses, is illustrated graphically by Exhibit "A ", MPUD Master Development Plan. There shall be land use tracts, plus necessary water management lakes, , street rights-of-way, the general configuration of which is also illustrated by Exhibit "All TVP7 3 T7.17TC n t-D>i n fr r- , i TRACT "A" Park/T.T.R.V. - - 400 � 24 L TRACT "AR" RECREATIONAL RESIDENCE 160 , 15 TRACT "CR" I COMMONS /RECREATION 0 7y TRACT "CO" CONSERVATION 0 ?5 TRACT "B" —] j 13UFFER ,3— -- ___ __ ! Total I tir;n 146 2 -1 '4:`2001%01-0091.00 Silver LakeskWDI Insub— anLlal PUD Amendment # 373512003- Anxndmerl'•.Silver l akcs PUD 3.22.05 Ocan.doc "'.,Ie rfa itemi No. I 7E3 CGAz;be !'-fit. 2'DOS Pace 2S, of B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A ". C. In addition to the various areas and specific items shown on Exhibit "A ", such easements as necessary (utility, private, semi - public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 400 parkCTTRV lots and 160 recreational residential lots shall be constructed in the total project area. The gross project area is approximately 146 acres. The gross project density will be a maximum of 3.84 lots per acre for 560 total lots. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS: The project shall be platted in accordance with Section 10.02. of the LDC to define the rights -of -way and tracts as shown on the Master Plan, unless ownership is to remain with one entity (no fee simple selling of lots or tracts), and a SDP is submitted for approval for the entire area encompassed by the MPUD Master Plan. A. If a plat is to be recorded on this project, the following shall occur prior to development of any individual parcel, tract or lot: 1) Construction plans and plats over the entire MPUD shall be submitted and approved in accordance with the LDC. 2) Constriction plans and plats for either the entire MPUD or that portion proposed for initial construction shall be submitted and approved. B. Further development of any platted tract or parcel shall be subject to the following: 1) The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided in said Section prior to the issuance of a building permit or other development order. 2_2 *2:12601'.UI.OD91 00 Silver Ukcs DMI blsub=ntiai PUD Amendment W35U003- Amcndrn=\SUvcr Lakes PUD 3 -22 -05 Clean.doc n ! -emE r, 1 ; g 1-mlo ,er 14, 2','18 P a a e 2, —�I 15 i 2) The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of a final subdivision plat, for that tract in conformance with the requirements established in Section 10.02.04 of the LDC. Construction plans and a final plat shall subsequently be submitted and approved. Additional lakes 0.e.: ;olf course lakes), and facilities characteristically incidental to such a development are excluded from this provision but remain subject to the requirements of Section 3.05.10 of the LDC. Construction plans and a plat shall subsequently be submitted and approved. 2.6 GENERAL DESCRIPTION OF DEVELOPMENT: Areas designated for park/TTRV land uses on Exhibit "A" are designed to accommodate a full range of recreational vehicle types and customary accessory uses. Areas designated for recreational residential land uses on Exhibit "A" are designed to accommodate a specific type of residential dwelling as set forth in Section IV of this Document. Approximate acreages of all tracts have been indicated on Exhibit "A" in order to indicate relative size and distribution of the pennitted uses. These acreages are based on conceptual designs and shall be considered to be approximate. Actual acreages of all development plan tracts shall be provided at the time of development plan approval in accordance with Section 2.5 of this MPUD Document. 2.7 DEDICATION AND MALNTENANCE OF COMMON IF CIL1TIES: Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in compliance with the Collier County LDC. ,",I] necessary easemen!s, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with the applicable regulations in effect at the time approvals are requested. A property owners' organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands, facilities and waters within the project. 18 P:�-RK TRAILER & RECREATIONAL RESIDENCE MODELS: Park trailer and recreationa! residential models, not to exceed four, (i.e. I "Sales Center" and 3 "Dry Models ") shall be permitted in conjunction with the promotion of the development. 2 -3 N: _OOl'.0; v091.oD Silver hkes`00n1 lnsubscandal PUD Amendment #3735`2003- A-ncndrnn1\Si1vcr Lakes PUD 3- 2.2_•05 Clean doc A,,genda 11,em Na. 17 g October 14 20M No more than three "dry models" may be constructed prior to recording a plat for the project if applied for by the owner. Site(s) for the model(s) shall conform to zoning standards and shall be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model from the model serving as a "sales center ", or an approved independent "sales center ". Access shall be for pedestrian traffic only, no paved road shall be allowed. A "sales center" may be constructed prior to recording of a plat. The "sales center" shall be limited to one structure tone building permit). It may be serviced by a temporary utility system (i.e. dry well and septic tank/drain field) prior to availability of central utility systems, at which time connection to the central system shall be made. interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available to serve the center. Review and approval of the "sales center" shall follow the requirements of the SDP process. A metes and bounds Iegal description shall be provided as part of the application. Access to the "sales center" shall be provided by a paved road or temporary driveway which meets County standards. A water management plan shall be provided which accommodates the run -off from the "sales center ", the required parking and access road / driveway and any other impen ious surfaces. The system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for the "sales center ", a temporary use permit shall be obtained, "Sales centers" may not be occupied until a certificate of occupancy (CO) is issued. Models shall obtain a conditional CO for model ptupose only. Models shall not be occupied until a permanent CO is issued. 2 -4 N:'000 00 1- 009 1.00 siNcy Ukes'A001 LuuSstandal PUD Amendment 93735'2003- AtncndmeniSITYcr Lakes PUD 3.22 -05 C1can.doc SECTION III LOW DENSITY PARK / TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract A, park/TTRV. 3.2 DEFINITIONS: (taken from the 2003 Florida Statutes, Chapter 320.01, Definitions, General. ) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicl e. B. Park Trailer: A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. ine total area of the unit in a setup mode, when measured from the exteror surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A -119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. C. Travel Trailer (includes fifth -wheel travel trailer): A vehicular portable unit, mounted on wheels, of such a size and/or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than & !/�, feet and an overall body length of no more than 45 feet when factory - equipped for tie road. 3 -1 N 11001101.0091.00 Silver 1 akes10001 Insuousntial PUD Amendment 93734.2003•Amendm; nttSilYet Likes PUB 3 -22 -05 C:esn doc P itern No. 17B 4actober 'A 2003 Paige ^2 ,ot 151 D. Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. E. Truck Camper: A truck which is equipped with a portable unit which is designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use. F. Motor Home: A vehicular unit which is built on a self- propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 3.3 MAXIMUM DWELLING UNITS: The maximum number of park/TTRV lots allowed within the MPUD shall be as follows: Tract A= 400 Total = 400 3.4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: I ) Park trailers: One (1) per lot. 2) Travel trailers (including fifth -wheel trailers). One (1) per lot. 3) Camping trailers: One (1) per tot. 4) Truck campers: One (1) per lot. 5) Motor homes: One (1) per lot. 3 -2 N',2001'01-009t 00 Siivcr Cakrs`,0001 insubstantial PUD Amendment 03735\2003- Amcndment Silver l akcs PUD 3 -22 -05 CIcmdoc r'V .J 6) Any other recreational unit not specifically mentioned above, that is designed to provide temporary or seasonal Iiving quarters for recreational, camping, or travel use: One (I) per Iot. B. Accessory Uses: 1} One (1) caretaker's residence in conjunction with the operation of the park. The residence may be a single family residence subject to the development standards of the RSF -5 Zoning District, as contained in the Collier County LDC in effect at the time construction permits are requested. Furthermore, any three (3) park/TTRV lots may be combined to satisfy this provision without being subject to Subsection 2.53.2 of this Document. 2) Accessory uses and structures customarily associated with park/TTRV recreational vehicle lots, including: (a) utility sheds, attached or detached, not to exceed sixty (60) square f et. (b) Roofed, aluminum with screen/glass, and/or vinyl enclosed porches, elevated or at ground level, not to exceed five hundred (500) square feet. Modular construction of the accessory structure is permitted, and may be constructed by the manufacturer of the park trailer principal structure, and assembled together on the lot within designated Tract A lots. Motor homes intended to be located on lots within the Tract A area shall be permitted to have a similarly modularly constructed accessory structure. (c) In addition to the foregoing, roofed, screened or enclosed rooms permanently anchored to a lot, or attached, provided such screen rooms are constructed in compliance with all County, State and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this NIPUD Document shall continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per Iot, ;} Utility and drainage facilities. 4) Golf cart paths. 3-3 P�;• 041 :01.0091 .00 Silver lakW000i Insubstantial PUD Amer: Amen t#3735t2p03•Amendmcnt'SiIvcr Lakes FUD .3.22 -OS Clean.dx Aga ,-1ca I e m71 No. 17 5 J finer 14. ?008 lc.e ^:f1 3.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel ()at) boundaries. B. MINIMUM LOT AREA: 2,350 square feet. C. MINIMUM LOT WIDTH: I ) Corner Lots: Forty -five (45) feet. 2) Interior Lots: Thirty -five (35) feet. D. MINIMUM YARDS: 1) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear Yard: Eight (8) feet. E. MAXIMUM GROSS FLOOR AREA: Five Hundred (500) square feet exclusive of decks and porches. F. MAXIMUM HEIGHT: 1) Principal Structure: Fifteen (15) feet. 2) Accessory Structure: Fifteen (15) feet. G. MINIMUM PRESERVE SETBACK: 1) Principal Structure: Twenty -four (24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty -five (25) feet. 2) Accessory Structure: Ten 10 feet. 3.6 PERMANENT LOCATION OF PARK/ TTRV UNITS: Park I travel trailer recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land shall be recorded in Public Records of Collier County restating the MPUD restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement measures: 3 -4 fv:'i0G1101 0091.00 silver lakcs`0901 Irsubsuntial PUD Amendment it373512003- Amendm- ttt\SiIvey lakes PUD 3 -22-05 CieanAm A. Lots Rented: For those parkJTTRV lots that are rented, the park manager shall maintain a register of tenants or occupants of the park, noting the duration of the rental arrangement. This register shall track the occupancy of the rental lots, and shall be provided to persons employed by Collier County, in an of—ficial capacity, upon their request. Failure to provide said register, duly describing the persons who have occupied a park/TTRV lot, and their occupancy shall be subject to the penalties prescribed by applicable Collier County Codes. B. Lots Sold: For those park/TTRV lots that are sold, the developer / owner of the lots shall include in the sales contract a notice that current zoning regulations prohibit the use of the lot for permanent occupancy. The new lot owner shall be responsible for registering his or her arrival and departure from their unit with the manager of the park. Failure to register will hold the new lot owner responsible for any penalties imposed by Collier County. 3.7 PERMANENCY CONTINGENCY: If, after the approval of this MPU'D, Collier County adopts a policy or ordinance to allow permanent occupancy of recreational vehicles in TTRVC or similar zoning districts, Section 3.6 of this MPU'D Document shall become null and void. 3.8 FLOOD PLAIN ELEVATIONS: All park I travel trailer recreational vehicles and accessory structures shall meet flood plain elevations if permanently attached to the ground or utility facilities. 3.9 ANCHORE,iG /SEWER, WATER AND ELECTRICAL CONNECTIONS: All travel trailer units that require a special license and+or permit to be transported on Florida state highways, when positioned on a lot in this MPUD, shall be anchored in accordance with the standards set forth in the Building Code adopted by Collier County. These units shall be connected to the public water and sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 3 -5 N-N-7'001U1 - 0091.M Silver La:;csToot tnsubsian:ial PUD Amendment t13735'1003- AmcndmenvSIIver lakes PUD 3 -22 -05 Clemdac SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4.1 PURPOSE: Agenda Item No. 17B dctoher 14. 2008 P age JIB of 1 :;1 The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract AR, Recreational Residence. 4.2 DEFINITIONS: A recreational residence is a transportable unit which has a body width not exceeding 14 feet, and which is built on an integral chassis, and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air- conditioning, and electrical systems contained therein. All recreational residences located in the development shall have water closets designed to have a maximum water flushing capacity of 1.5 gallons. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions including expandable rooms, but not including any bay window, shall not exceed 700 square feet. The total length of a recreational residence is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism, to the exterior of the wall at the opposite end of the unit, where such walls enclose living or other interior space. Such distance includes expandable rooms, but excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments that do not enclose interior space. The total length of a recreational residence shall not exceed 50 feet. All recreational residences shall be constructed to United States Department of Housing and Urban Development Standards. 4.3 MAXIMUM DWELLING UNITS: The maximum number of recreational residential lots allowed within the MPUD shall be as follows: Tract AR = 160 Total = 160 4-1 N: 2001 \01 -0091.00 Silver Lakcs \0001 In;ubs-andal PUD Amendment #J 73512003- Amendment`Slver Lakes PUD 3.22-05 0can.doc . -ber 4. `_'D0.3 4.4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Recreational Residences: One (1) per lot; 2) All land uses permitted in Section 3.4.A, of this Document. B. Accessory Uses: 1) Accessory uses and structures customarily associated with residential lots, including: (a) Utility sheds, attached or detached, not to exceed sixty (60) square feet. (b) Roofed, aluminum with screen/ glass, and/or vinyl enclosed porches, elevated or at ground level, not to exceed seven hundred (700) square feet. Modular construction of the accessory structure shall be permitted, and may be constructed by the manufacturer of the recreational residence principal structure, and assembled together on the Iot within designated Tract AR lots. (c) In addition to the foregoing, roofed, screened or enclosed rooms permanently anchored to a lot, or attached, shall be permitted provided such screen rooms are constructed in compliance with all County, State and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPUD Document may continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per lot. 2) Utility and drainage facilities. �) Golf cart paths. 4_2 W: 100H)1- 0091.00SiIver lakes4&)CI MSUbs (an U2a PUD Amendnwnt At_ Lakes PUD 3 -?2.05 C3eamdoc "�,nda Iterr, No. 1; Oct3Der 14. 2903 page 'S8 of 151 4.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (lot) boundaries. B. MINIMUM LOT AREA: 3,800 square feet. C. MINIMUM LOT WIDTH: 1) Corner Lots: Fifty -five (55) feet. 2) Interior Lots: Forty -five (45) feet. D. MINIMUM YARDS: 1) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear Yard: Eight (8) Feet. E. MAXLMUM GROSS FLOOR AREA: Seven Hundred (700) square feet, exclusive of decks and porches. F. MAXIMUM HEIGHT: 1) Principal Structure: Fifteen (15) feet. 2) Accessory Structure: Fifteen (15) feet. G. MINIMUM PRESERVE SETBACK: 1) Principal Structure: Twenty -four (24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a pres.-rve twenty -five (25) feet. 2) Accessory Structure: Ten 10 feet. 4,6 ANCHORING I SEWER, WATER AND ELECTRICAL CONNECTIONS: All recreational residential units, when positioned on a lot in this MPUD, shall be anchored in accordance with the standards set forth in the Building Code adopted by Collier County for mobile homes, and be connected to the public water and sewer system. Additionally, such units shall obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 4 -3 N,000I'W - 0091.00 Silver Lakes \000'. insubstantial PUD Amendment #3735\=3- Amendm=t\Silver lakes PUD 3 -22-05 Clean.doc SECTION V COMMONS / RECREATION AREA 5.1 PURPOSE v, C _, e 14, 20v,31 pa:} ,e ", P, :JI 1 51 The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract CR, Commons / Recreation Area on Exhibit "A ". The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open areas, hurricane evacuation shelter facilities for recreational uses, and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 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: A. Principal Uses: 1) Utility, water rnanagemert and right -of -way easements. 2) Golf courses for use by the residents of the development and golf cart paths. 3) Structures which house social, administrative, or recreational facilities. 4) Hurricane evacuation facilities for recreational residential land uses_ 5) Lakes. 5) Signage for project identification or advertising. `%) Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to, or passage through the commons areas. S) Small docks, piers or other such facilities constructed for purposes of lake recreation, or mooring, or use of non - internal combustion lake recreation apparatus used by residents of the project. -1 N `IOOi`71,g091 00 silver Ukesi0001 lnsubmn ia3 Pf D Amendment '3735.2 ^03- Amcrdmcni\Silver Lakcs PUD 3.22 -05 Clean.dac Agen' a Item ,,b. 173 J tuher 14. 20 18 Paine 40 of 151 9) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. B. Accessory Uses: 1) Clubhouse, pro -shop, practice driving range and other customary accessory uses of golf courses. 2) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage (including R.V. storage), recreation or shelter with appropriate screening and landscaping. 3) Upon completion of the development of this project, convenience establishments of a commercial nature including stores, laundry and dry cleaning agencies, beauty shops and barber shops shall be permitted subject to the following restrictions: Such establishments and the parking area primarily related to their operations shall not occupy more than five (5%) percent of the project; shall be subordinate to the use and character of the project; shall be located in the area of the northernmost and, or westemmost recreation facilities as may be depicted on the MPUD Master Plan. Said accessory commercial uses shall serve the exclusive trade of the service needs of the persons residing in the project; and shalt present no visible evidence of their commercial character from any portion of any public street or way outside the project. 4) Solid waste refuse facilities (i.e.: dumpster, compactor, etc.) 5.3 DEVELOPMENT REGULATIONS: A. Overall site design shall be harmonious in terms of Iandscaping, enclosure of structures, location of access streets and parking areas, and location of screened areas. B. All buildings shall be set back a minimum of fifteen (15) feet from all parcel boundaries and the right -of -way tract. C. Buildings shall be set back a minimum of thirty -five (35) feet from abutting off - site residentially zoned districts, and a minimum fifteen (15) foot Type "B" perimeter landscape buffer shall be provided. D. Lighting facilities shall be arranged in a mariner which will protect roadways and neighboring properties from direct glare, or other interference. 5 -2 \:12005101 -0091.00 Silver Lakes10001 insubstantial PUD Amendment 93735Q003•Amendment\Siivcr Lakes PUD 3 -22 -05 Clean.doc :'-,i `1 ce. h�h i `AG I ?� E. Preserve Setbacks: I) Principal Structure: Twenty -four (24) feet. Deviation. from LDC Subsection 3.05.0; where a principal structure is required to be set back from a preserve twenty -five (25) feet. 2) Accessory Structure: Ten 10 feet. F. A SDP in compliance with these Development Regulations shall be required in accordance with Section 2.5 of this MPUD Document. G. Maximum Height: 1) Principal Structure: Thirty -five (35) feet. 2) Accessory Structure: Fifteen (15) feet. H. Minimum Off - Street Parking and Loading: 1) Private Golf Course: Two (2) spaces per hole plus one (1) space per 300 square feet for office / lobby/ pro shop / health club / clubhouse / lounge / snack bar / dining / meeting room areas and 50% of normal requirements for exterior recreation uses not accessory to the golf course use including: swimming pools and tennis courts. No additional parking spaces shall be required for the golf course. Golf cart, golf bag, and equipment storage rooms; Maintenance buildings; and rooms for mechanical equipment shall be computed at one (1) space per 1,000 square feet. 2) Recreation (non — golf course) / Administrative Areas: One (1) space per tennis court; one (1) space per 150 square feet of water area for the first 1,000 square feet, and one (1) space per additional 250 square feet of water area for swimming pools, spas and hot tubs. One (1) space per additional 250 square feet of gross Boor area for other (enclosed) recreational /administrative facilities. �) Convenience Commercial Areas: One (1) space for each 250 square feet of gross floor area for all uses set forth in Subsection 5.2.3.3. of this Document. 4) Leading Areas: As required by the LDC in effect at the time of final site development plan approval. Landscaping: The landscaping requirements shall conform to the County LDC in effect at the time of final site development plan / construction plan approval. 5 -3 'N':'-001"o I �0()_r'.00 Siivcr LakcsW0I InsrsGs tan' M] PUD Amendment 4'3735Q003•A rend- nent%Siivcr Lakes PUD 3 -22 -05 C'can.doc Agell!:;a item No. 1 %B October 14. 2.0,-03 Page 42 of 151 5.4 HURRICANE SHELTERS: The clubhouse. called the Silver Lakes Clubhouse was constructed to specifications in place at the time of building permit application. However, since that time period it has been determined that hurricane shelters shall not be provided within the Coastal High Hazard Area. Therefore, the Clubhouse shaII not be deemed a hurricane shelter. 5 -4 N ^?001`014)0919D Silvcr Lakts\0001 lnsubscsraial PUD Amcndmant N37351 ?003 -Amend m=t'Silver Utkes PUD 3 -22 -05 Clean.doe SECTION VI CONSERVATION AREA 6.1 PURPOSE: 'd I,d3 ::m No. ! r E The purpose of this Section is to set forth the development plan for the areas designated as Tract CO, Conservation Area on Exhibit "A ". The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. 6.2 USES PERMITTED: No structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Open spaces / nature preserves. 2) Boardwalks or pervious paths constructed for the enjoyment of the conservation area by the residents of the project. 6 -1 W-H)Ot I- 009(.00 Silver Lakes'.0001 Insub&Lanlial PUD Amendment a3,35\2003vAmendmern'Sih,er Cakes PI)D 3 -?2.05 Clean.doe Agenda Item !Ja. 173 October 14, 20J3 Page 44 of 151 SECTION VII BUFFER AREA 7.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract B, Buffer Area on Exhibit "A ". Tract "B ", Buffer Area, is subject to an easement intended to protect residential land uses from more intensive residential land use, possible impacts from adjacent roadways and / or nonresidential land uses. Although no structures other than those set forth in this Section may be located within buffer easements, buffer easements shall be included in yard requirements set forth elsewhere in this Document. 7.2 USES PERMITTED: A. Principal Uses: 1) Landscaped buffer in accordance with the LDC in effect at the time of final site development plan approval. Existing native plant types may be substituted for those plant types set forth in the LDC subject to Planning Services Staff administrative approval. 2) Berms a. Grassed berms: 4:1 maximum slope. b. Berms planted with ground cover and landscaping: 3:1 maximum slope. 3) Fences /walls. In accordance with the LDC in effect at the time of SDP approval. 4) Signage. B. Accessory Uses: I) Utility and drainage facilities, 7 -1 NA20011DI-0091.DO Silver LakeO(1001 Insubstantial PUD Amendment 43735\2003•Amendmrnt\Silver lakcs PUD 3 -22-05 Clean.doc , "je - ;, �,t _ 1 7.3 DEVELOPMENT REGULATIONS: A. A twenty (20) foot wide right -of -way has been provided and maintained adjacent and parallel to the Collier Boulevard (S. R. 951) rights -of -way. Furthermore, adjacent and to the east of the clear area, a twenty -five (25) foot buffer shall be provided and maintained to effectively screen this project from the roadway. The property owners' organization shall be responsible for the responsibility of maintaining said clear area and buffer. B. For those areas identified on Exhibit "A" as Tract B, other than those addressed in "Paragraph A" above, shall be maintained with a minimum fifteen (15) foot wide buffer strip. 7 -2 W,2001 \01- 0091.00 Silver Ukes10001 Insubstantial PUD Arnend men t #3733512003 - Amend .,nmOSilvcr Lakcs PUD 3 -22 -05 Ocan.doc SECTION VIII DEVELOPMENT COMMITMENTS 8.1 PURPOSE: r^.,;enda item No. f 7B October '14, 2008 Page 46 of 151 The purpose of this Section is to set forth the development commitments for the development of the project. 8.2 GENERAL: All facilities shall be constructed in strict accordance with the final SDPs, final plats and all applicable State and local laws, codes and regulations in effect at the time of submission of the petition for final plat or SDP, as the case may be. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall develop the project in accordance with Exhibit "A ", MPUD Master Plan, and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer, his successor or assigns, in title, are bound by the commitments within this Document. 8.3 MPUD MASTER PLAN: A. Exhibit "A ", MPUD Master Plan illustrates the proposed development. Minor site alterations may only be administratively handled pursuant to Subsections 10.02.03 and 10.02.05 of the LDC. 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. 8.4 SCHEDULE OF DEVELOPMENT: A. A development plan shall be submitted, where required, for each phase of development identified in this Section. SDP procedures for this MPUD are set forth in Section 2.5 of this Document. 8 -1 W-2001V.0091.00 Silver Lnkez0001 lnsubstanual PUD Amendment 9373512003- Amendmen'Silver Iakcs PUD 3.22.05 Clean.doc ieill . Q. 17 4 7 r, f 1 5 1 The Silver Lakes MPUD is planned to be developed in two phases. The development of Phase I'may include the construction of 178 park/TTRV lots and 81 recreation residence lots along with their related infrastructure. The lakes and recreation facilities may also be developed in Phase I. The plan of development for Phase II will be to construct the remaining lots and related infrastructure, as well as the remaining recreational facilities. The developer reserves the right to develop portions of the described phases, or both phases simultaneously, as market demands change. Commencement of construction of Phase II will occur no later than three (3) years afler Phase I is completed. 8 -5 TRANSPORTATION AND ENGII`'EERING: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC B. A 20 foot wide strip of land along the entire west property line was dedicated for the widening of Collier Boulevard (S.R. 951). C. A FDOT right -of -way permit shall be provided before construction plans approval. All work within Collier County rights- of-way or public easements shall require a -,ight -of -way permit. D. A letter of no- objection from Florida Power and Light allowing encroachment into the Florida Power and Light easement shall be provided before construction plans approval_ E. The developer provided a southbound left turn lane on Collier Boulevard (S.R. 951) at the project entrance. The length is sufficient to accommodate two of the largest vehicle combinations expected to use it. F. The developer provided a turning radius of not Less than 50 feet to serve northbound turning movements. G. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first CO. H. The existing approval of the entrance location shall not imply that a median opening will be permitted upon the four Ianing or Collier Rniiht and (S.R, 9511_ 8 -2 NA2001014JN 1 .00 Silver Lake"00I Insubstantial PUD Amendment #3735\2003- A rncndmet&S& cr' L I cs PUD 3-22-05 Clean doe ,y C rdo 1`4-2:;1 No. 17 B 0ctober 14. 2008 Pa g e 11 8 of 151 Site - related improvements necessary for safe ingress and egress to this project, as determined by Collier County, 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. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Subsection 10.02.07 of the LDC, as it may be amended. K. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 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 MPUD 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. L. 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. M. All internal roads, driveways, alleys, pathways, and sidewalks 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. N. If any required turn lane improvement requires the use of existing County rights - of -way or easements, compensating right -of -way shall be provided without cost to Collier County as a consequence of such improvement. 0. 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. 8.5 UTILITIES A. Water distribution, sewage collection and transmission and interim water and / or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance Number 04 -31, and other applicable County rules and regulations. 8 -3 N,'W001t01 -0091.00 Silver Lakes',000t Imubmittial PUD Amendment tt37 %2W3•Amendment\Silver Lakes PUD 3.22.05 Clean.doc Y M1vG. I i E3 t�1er ? -4. 20 13 P .,49u.f :5 B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and / or sewer service to the project, the water and / or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and / or sewer facilities are available to serve the project. C. It is anticipated that the County Utilities Division will ultimately supply potable water to ineet the consuinptive demand and / or receive and treat the sewage generated by this project. Should the County system not be in a position to supply the potable water to the project and / or receive the project's wastewater at the time development commences, the developer, at his expense will install and operate interim water supply and on -site treatment facilities and / or interim on- site sewage treatment and disposal facilities adequate to meet all requirements of all the appropriate regulatory agencies. If an existing private utility will be utilized to provide service to the project, such service shall be regarded as interim, with the project connecting to County owned facilities when they become available. An agreement shall be entered into between the County, the interim utility provider and the developer, binding on the interim provider and the developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement shall be determined to be legally sufficient by the County prior to the approval of construction documents for the project, and shall be in conformance with the requirements of Collier County Ordinance itiTo. 04 1. D. The existing off-site water facilities of the District shall be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. E. The on -site water distribution system to serve the project shall be connected to the District's 10 -inch water main on the east side of SR -951 (Isle of Capri Road) and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1) Dead -end mains shall be eliminated by looping the internal pipeline network on cul -de -sacs, unless otherwise approved by the Collier County Utilities Division, Z) Stubs for future system interconnection with adjacent properties shall be provided to the east, south and the west property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. 8 -4 N:12001`01- 0091.00 Silver Lakes:,0001 Insubstamiaf PIK) Arnendmnt 437,3512003 -Amend mcnt\SiIver L.akcs PUD 3.2205 Cican.doc A,gerida I'Lem No. 1 7B, October 14, 21003 Page 50 of 151 F. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on —site force main which will ultimately connect the project to the future central sewerage facilities of the District in the SR 951 right-of-way. The force main shall be extended from the main on -site pump station to the east right -of -way. The force main shall be extended from the main on -site pump station to the east right -of -way line of Collier Boulevard (S.R.951) and capped and valved for future disconnection from the proposed interim utility system to serve the project. The configuration will permit the simple redirection of the project's sewerage when connection to the County's central sewer facilities becomes available. G. OTHER UTILITIES Telephone, power, and TV cable service shall be made available to all park/TTRV and residential areas, All such utility lines shall be installed underground. 8.7 WATER MANAGEMENT: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering and Environmental Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Department of the Community Development and Environmental Seriices Division. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. C. An excavation permit will be required for the proposed lakes in accordance with Section 22 of the Collier County Code of Laws and Ordinances (COde) and SFWMD Rules. D. Fill material from the lake is planned to be utilized within the project, however, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards, may be removed and utilized off -site subject to the requirements of the Code. Removal of material in excess of 10% of the total, or a maximum of 20,000 cubic yards shall meet the requirements of a commercial excavation pursuant to Section 22 of the Code. E. A copy of SFWMD Permit or early work permit is required prior to construction plan approval. 1;. N7\2001'01- ON1.00 Silver Lakesl0001 Insubstantial PUD Amendment #3735%2003- Amendmen0';i1ver Lakes PUD 3.22.05 Cicamdoc r .nom "l�,Jaa lier- !'� o 175 O o� P'aC1e �1 '}f . 5 1 F. A Florida Department of Transportation permit approval to outfall into the Collier Boulevard (S.R. 951) right -of -way shall be submitted before construction plan approval. if the 1Separtment of Transportation requirements for water management significantly alter the master plan submitted for approval, the developer shall consult with the Planning Services Department which shall coordinate the Engineering Department of the Community Development and Environmental Services Division to affirm that the project design is consistent with the approved master plan. G. The off -site drainage shall be routed through the project in an interceptor Swale that discharges to the Collier Boulevard (S.R. 951) canal or to an existing ditch located on the easterly, adjacent property at the property boundaries. The off -site drainage shall not be incorporated in the on -site water management system. H. At the time of construction plan review, the developer shall provide an analysis of the capacity of the proposed off -site runoff interceptor swale. The proposed off -site runoff interceptor swale shall be platted and dedicated as a drainage easement. All proposed casements for Collier County storm water facilities shall be maintained free of landscaping, berms, or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 8.8 ENVIRONMENTAL A. This MPUD shall be consistent with the Environmental Sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. B. This MPUD shall comply with the guidelines and recommendations of the USF«S and FFWCC for impacts to protected species. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final SDP/ construction plan approval. C. Except where provided for elsewhere in this Document, all new principal structures erected or placed pursuant to permits applied for after the effective date of this MPUD shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 -foot setback. E:£91 NA20,0!101-0091M 5ilve: Lzkes�0001 Insubstantial PUD Amendrmnt X3735\2003- AnnmdmentLSilver lake, [IUD 3 -22 -05 Clean.doc Agenda item No. 17a Cotober 14. 2068 Page 52 of 151 D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas by the developer and . subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. E. A preserve area management plan shall be provided to Environmental Staff for approval prior to sitelconstruction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All required approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final SDP/ construction plan approval. G. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and shall be protected by a permanent conservation easement to prohibit further development. H. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff by the developer for review and approval prior to final SDP /construction plan approval. A schedule for removal of exotics within all preservation areas shall be submitted by the developer with the above - mentioned plan. 8.9 PLANNING COMMITMENTS: A. Improvements within Unit 30B, as described in the Deltona Settlement Agreement, on the site shall meet the requirements of the Deltona Settlement Agreement at the time of permit submission. B. Although construction plans / plat(s) may be approved, the Silver Lakes development may not proceed with infrastructure improvements prior to May 1, 1992. SDP approval and the resulting construction of a "Sales Center" and associated "Dry Models" are exempt from this provision. C. If during the course of site, clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, the applicable provisions of the Collier County LDC shall be followed. S -7 N:� 001I91- 0091.00 Silver Ukes=01 Insubstantial PUD Amendment #3735 \2003- Amendment\Silvcr fakes PliD 3 -22 -05 Clcan.doc !-1V iisd ileryI iii J. I'7D c -ber 14. 2 G3 cia 3 1 E 1 D. The following tracts and parcels will be conveyed to the Silver Lakes Property Owners Association, Inc., by the delivery of executed deed(s), within sixty (60) calendar days after the adoption of this PUD.: 1. Tract CR2 of Silver Lakes, Phase Two -B according to the plat thereof recorded in Plat Book 25, pages 69 and 70 of the Public Records of Collier County, Florida; 2. Except for the Southwest 300± foot, fenced parcel, lying south of the FP &L Easement, Tract CR5 of Silver Lakes, Phase Two -C according to the plat thereof recorded in Plat Book 27, Pages 74 and 75 of the Public Records of Collier County, Florida. Said excepted parcel may be used for a temporary construction staging area, including storage of construction equipment and materials, for a period not to exceed three (3) years from March 8, 2005. On, or before March 8, 2008, all construction equipment and materials shall be removed from said excepted parcel, and that parcel deeded to the Silver Lakes Property Owners Association, Inc.; Tract B2 of Silver Lakes, Phase Two -E according to the plat thereof recorded in Plat Book 31, pages 45 through 47 of the Public Records of Collier County, Florida.; 4. Tract CO2 of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.; 5. Tract CR6 of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.; 6. Tract CRIO of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records DfCoilier County, Florida.; 7. Tract CRI 1 of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida. E. The real property described in that certain Conservation Easement recorded in Official Records Book 3242 , Pages 0981 through 0987 of the Public Records of r Ir r rf a L >> a ! 7 r .. .�_. %1-011 rr L,utir :ty, t tvetua Jl[ati ve conveyed to t�18 Sl.�- La1teS rroperty Uwters Association, hic. by the delivery of executed deed(s), on or before March 8, 2009. 8 -a NA200l101 -0091.00 Silver LaknM01 Insubstantial PUD Amendment tr3 73512C -03- Amcndment\Silvcr Lakes PUD 3 -22 -05 Clcamdac r;ger�aa lielrE No. 17B October 14. 2008 Page 54 of 151 8.10 SIGNS: All signage shall be in accordance Section 5.06.00 of the LDC, with the following exceptions; A. Two (2) project identification signs may be affixed to a proposed wail adjacent and along the Collier Blvd. (S.R. 951) frontage, and may protrude above said wall to the extent of not more than three (3) feet, subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain promotional or sales material; 2) Any project identification sign(s) shall not exceed sixty (60) square feet. B. One (1) ground or wall sign may be located along the Collier Boulevard (S.R. 951) frontage for the purpose of promoting the development. Such a promotional sign shall not exceed thirty (30) square feet. 8.11 LANDSCAPING FOR OFF - STREET PARKING AREAS: All landscaping for off - street parking areas shall be in accordance with the Collier County LDC in effect at the time of final site development plan approval. 8.12 POLLING PLACES: Pursuant to the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Cleric of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, 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. :, W\2001\01 -0091.00 Silver lakes \0001 Insubstantial PUD Amendment #3735\ .'.403- Am=dmen6Sitver takes PUD 3 -22 -05 0c".doc rn c-, c- (j N _ O elGllYnlihnMluO �M�1n1.�V.A1ew/w4wYa I .e(TtuOb/�W O...p YAlm isa'.atpl ; Mx0 i wu�t�� r r � i ^� T Mr'7d d31�F1W Qf7dlh' jpm4ONAA, SI��Cd//'dh //SLjj�M��73'IIAl'J .,,u i sr one �,�yw �� 1h'�^iY.k7'�t�Y >H'17he77 K M e a ©iac'irr ... �+, �... ..I.u.�..�— «...-- �...v.�n.�...Y Yom., ..�.,..�.. w..l......�.. ....,. e..,� 'u:° m. Y.e L L7 J __.•�� rya- .0 Q 1 ch B�1/J z a J CL J cc m Lu j3 M C/) Q t,V66 .LISIHX3 E - - - -- r _ - -- _ - -_ -- j ,:j — '1vis � ■1WT1Vw^4I116�{fm noel. 'WNIrI WIl li wtb w.wwn unwW i32CN IMd ii•1JS>t7t nf1d1( S � ilk, tfi ,� t •j z T-05 2i n, so. Ulld%�"i ti'• ;fin � ..1 o9 - w go&a�O�r�Z1 Q E- U a,aaaaa a .-r a to aW v � �z �a< ,CY6ea 41CKW< >zrz °'o9, cKOy <a �aoaca 0. U U m `xx�• F F F F F U U U U UC i H F H i• H Ems,• Gy il' r a Gy " j �i � — i '7a i e ITI 1`4 0. 1 0 1 C) e, r 14. 2003 Pa,--,e 56 of 151 t' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT 2. 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: I ORDINANCE 2005-14 Which was adopted by the Board of county Commissioners on the 22nd day of March 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of March, 2005. ..... ..... -- DWIGHT E. BROCK 901ef7D - Clerk of Courtpcctnd ... c•e"4 Ex-officio tot l County Commi sz I C*1 s By: Linda A. Hou Deputy Clerk A w+e l ."a iii N, 0. ! �„�7 yr id 2r'; ORDINANCE NO, 08- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD TO PUD PLANNED UNIT DEVELOPMENT KNOWN AS THE SILVER LAKES PUD, FOR THE PURPOSE OF AMENDING THE PUD DOCUMENT TO PROVIDE ADDITIONAL REQUIREMENTS FOR ACCESSORY STRUCTURES INCLUDING ADDITIONAL LIVING SPACE FOR SPECIFIC ACCESSORY STRUCTURES, FOR PROPERTY LOCATED IN SECTIONS 10 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COIJNTY, FLORIDA, CONSISTING OF ±-146 ACRES; PROVIDING FOR A PARTIAL REPEAL OF ORDINANCE NUMBER 05 -14, THE FORIAER SILVER LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA, Inc, representing Silver Lakes Property Owners Association of Collier County, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CON N41SSIONER.S OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE: The zoning classification of the herein described real property located in Sections 10 and 15, Township 51 South, Range 2 6 East, Collier County, Florida, is changed from PUD to PUD Planned Unit DevelopTnent in accordance with the additions and deletions to Ordinance Number Words srtl e -r- h are deleted; words underlined are added 1 of 2 ea Item No. 1 r 3 fictoLvor 14. 2r't13 page �8 of 151 05 -14, the Silver Lakes PUD, as reflected in the PUD Document attached hereto as Exhibit A, which is incorporated herein and by reference made a part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 05 -14, known as the Silver Lakes PUD, adopted on March 22, 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 Silver Lakes PUD Document attached hereto as Exhibit A. All other provisions of Ordinance Number 05 -14 shall remain in full force and effect. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK BY: , Deputy Cleric Approved as to Form and Legal Sufficiency: '40 , MarJorle M. Student _ -S 1 i ttr . ng Assistant County Attorney 08 -CPS- 00854 /21MMSS 6.18 -08 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: _ TOM HENNING, CHAIRMAN Words 4t-a thFetigh are deleted; words underlined are added 2 of 2 p n �r tl "tip?. " ^B 14, 20C3 rc::8 5, 9 -11 "S1 SILVER LAKES A MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: f''(lNQ TA'C'T USA, A L.G. SILVER LADES PROPERTY OWNERS ASSOCIATION OF COLLIER COUNTY INC. 1001 SILVER LAKES BLVD, NAPLES, FLORIDA 34114 PREPARED BY: P"WTANf. CC)N SI -JLTIN G -a- IL & 9 .L AL RWA, INC. Nr 0 —I z4(4R-, - I4- 0E -DRJV1 6610 WILLOW PARK DRIVE SUITE 2- 90.270 NAPLES; FLORIDA -34-114 -34109 DATE FILED 10/29/03 DATE i'.EVIE�r'ED BY CCPC 1/20/05 DATE APPROVED BY BCC 3/22/05 ORDINANCE NUMBER 05 -14 AMENDED 10/14/08 ORDINANCE NUMBER 08 -XX E '\'f4lI3TT "A" Text 4ruel,�thre ii is to be deleted. Underlined text is to be added. TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP & DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III LOW DENSITY PARIQTRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT SECTION V COMMONS / RECREATION AREA SECTION VI CONSERVATION AREA SECTION VII BUFFER AREA SECTION VIII DEVELOPMENT COMMITMENTS Text stfuok tiff eugh is to be deleted. Underlined text is to be added. Odc,,ber 14, lac,- 50 c.,f 151 PAGE I II 1 -1 2 -1 3 -1 4 -1 S -1 6 -1 7 -1 8 -1 .7E3 v 0 14, y^, l;33 P ail+ =' J 1 CA " 5 1 LIST OF EXHIBITS EXHIBIT A Mixed Use Planned Unit Development Master Plan Text stmakAhrough is to be deleted. Underlined text is to be added. A,c e n d a item No. 1715 Y October 14. 200 pa Je E2 of 151 STATEMENT OF COMPLIANCE The development of approximately 146 acres of property in Collier County, Florida as a Mixea Use Planned Unit Development (MPUD) to be known as Silver Lakes will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The recreational residential and recreational facilities of the Silver Lakes MPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The subject property is Aithin the Urban Coast Fringe Subdistrict 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 proposed gross density of the Silver Lakes development, being 3.83 lots per acre is derived from the Density Rating System of the FLUE from Collier County's GMP. Therefore, the gross density of the Silver Lakes development is consistent with Collier County's GMP. 3) The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4) Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5) The project development will result in an efficient and economical extension of community facilities and services as required in Policy 5.3 of the FLUE. 6) The project development is plaruied to incorporate natural systems for water management in accordance with their natural functions and capabilities as maybe required in regulations required by Objective 1.5 of the Drainage Sub - element of the Public Facilities Element. 7) The project shall comply with the provisions of Sections 6.02 and 10.02.07 of the LDC, and therefore, it will implement, and further Objective 2 of the Future Land Use Element. II Text straek through is to be deleted. Underlined text is to be added. SECTION I PROPERTY OININTERSHIP AND DESCRIPTION 1.1 PURPOSE: , %:i% te a i i i iii N1 o. 1i3 C..., 1 -_ r I +. ? 3 gef2- c; 1 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 Silver Lakes MPUD. 1.2 LEGAL DESCRIPTION: The subject property being approximately 146 acres, is described as the South %z of the Southeast '/4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the South !/z of the Southwest 114 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the North 220.00 feet of the North '/2 of the North %z of Section 15, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida. 1.3 PROPERTY OWNERSHIP: The subject property is currently under the ownership of the individual lot owzlers, Conquest Development USA, L.C. and the Silver Lakes Property Owners Association of Collier County, Inc. 1.4 SHORT TITLE This Ordinance shall be known and cited as the "Silver Lakes Mixed Use Planned Unit Development Ordinance." 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: A. The project site is located in Sections 10 and 15, Township 51 South, Ran ge 26 East. Furthermore, the subject property is located on the east side of State Road 951, approximately 1 '4 miles south of _Fast TainiwTd Trail (I.J.S. 41). B. The zoning classification of the subject property prior to the date of this approved MPUD Ordinance was PUD. 1.6 PHYSICAL DESCRIPTION: The project site is on the east side of Collier Blvd. (S.R. —971) in the Rookery Bay i'atershecl. The suhi�ct nrnn_rtv rz rail -a little r 33a :; Off fi- ^•,, A' - r r s C 2n -C�� om adjacent properties due to the existing farm autfall swales an adjacent properties, and the Collier Blvd. (S.R. —951) drainage system. Traversing through the site is an FPL easement, which isolates the property into two portions. Existing ground elevations range from +3.4 to +4.2 N.G.V.D.. with the higher elevations in the northeast career cai-ising a soutllN.esterly flow of on -site run -off. 1 -1 Text seek thFOUA is to be deleted. Underlined text is to be added. ,:�,erj a iterrl f4'0. 17P_ L October 14, 2008 Pa ;e 64 of 151 Water .management for the proposed project will be accomplished by two interconnected on -site lakes. Runoff will be directed to the lakes through a series of grass swales and culvert systems. Project discharge is into the adjacent Collier Blvd. (S.R. -951) roadside outfall canal that runs along the westerly property boundary and flows toward Rookery Bay. The water management system will provide a balance between the needs of the residents of the project and the requirements of the natural hydraulic systems of the area. The soils found within the project boundaries include predominantly equal portions of Arzell fine sand and Charlotte fine sand and minor areas of lmmokalee fine sand in the northwest, southwest, and southeast corners of the property. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March, 1954. 1.7 PROJECT DESCRIPTION The Silver Lakes MPUD shall be a mixed -use development incorporating park / travel trailer recreational vehicle (parklTTRV) development with recreational residential development. Also, the project Mll offer diverse recreational amenity opportunities. The. amenities proposed to be provided in the project include, but are not limited to, a 9 -hole golf course, typical accessory uses, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces, and a wide variety of outdoor recreational opportunities. Each lot will be served with publicly provided utilities including potable water and electricity. Collier County provides sewer service via its central system. 1 -2 Text stmek thfaugh is to be deleted. Underlined text is to be added. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE: err, !:c. 1 7B Pcl�'J The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Silver Lakes MPUD. 2.2 GENERAL: A. Regulations for development of the Silver Lakes MPUD shall be in accordance with the contents of this Document, MPUD- Mixed -Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building permit application. B. 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 SDP approval or plat approval, where applicable. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Silver Lakes 112LTD shall becorn:, part of the regulations which govern the inamaer in which the MPUD site may be developed. 2.3 PROJECT PLAN AND LAND USE TRACTS: TS: A. The MPUD Master Plan., including layout of streets and general depiction of land uses, is illustrated graphically by Exhibit "A ", MPUD Master Development Plan. There shall be land use tracts, plus necessary water management lakes, street rights -of -way, the general configuration of which is also illustrated by Exhibit TYPE T )NTTIfi A C R F. A GP -1- TRACT A ( Park/T.T.R.V. 400 24 TRACT "AR" _ RECREATIONAL 160 13 RESIDENCE i TRACT "CR" COMMONS /RECREATION 0 79 n" i l N.4-31 I.- 1 C V "B" r \'ATQ LDN7 � L Tn-kT ' _ V 1 V 0 J; l\ Y= t 2 1 TRACT _ BU ER0 _ 3 — -- —� Total 560 I 146 Text str--r 6&thre bh is to be deleted. Underlined text is to be added. Agenda Item No. 173 0c aber 14. 20OS Page 66 of 151 B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts thereof may be constructed as shallow, intermittent' wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A ". C. In addition to the various areas and specific items shown on Exhibit "A ", such easements as necessary (utility, private, semi - public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 400 park /TTRV lots and 160 recreational residential lots shall be constructed in the total project area. The gross project area is approximately 146 acres. The gross project density will be a maximum of 3.84 lots per acre for 560 total lots. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS: The project shall be platted in accordance with Section 10.02. of the LDC to define the rights -of -way and tracts as shown on the Master Plan, unless ownership is to remain with one entity (no fee simple selling of lots or tracts), and a SDP is submitted for approval for the entire area encompassed by the MPUD Master PIan. A. If a plat is to be recorded on this project, the following shall occur prior to development of any individual parcel, tract or lot: 1) Construction plans and plats over the entire MPUD shall be submitted and approved in accordance with the LDC. 2) Consinzetion plans and plats for either the entire MPUD or that portion proposed for initial constriction shall be submitted and approved. B. Further development of any platted tract or parcel shall be subject to the following: 1) The provisions of Section 10,02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided in said Section prior to the issuance of a building permit or other development order. 2 -2 Text— ih�-o' is to be deleted. Underlined text is to be added. .CEiI a heir'; rglo. i Jctober 14. 2 "1' 3 PF,g,2 37 O 14 t w 2) The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of a final subdivision plat, for that tract in conformance with the requirements established in Section 10.02.04 of the LDC. Construction plans and a final plat shall subsequently be submitted and approved.. Additional lakes (i.e.: golf course lakes), and facilities characteristically incidental to such a development are excluded from this provision but remain subject to the requirements of Section. 3.05.10 of the LDC. Construction plans and a plat shall subsequently be submitted and approved. 2.6 GENERAL DESCRIPTION OF DEVELOPMENT: Areas designated for park/TTRV land uses on Exhibit "A" are designed to accommodate a full range of recreational vehicle types, and customary accessory uses, and accessory uses /structures outlined herein. Areas designated for recreational residential land uses on Exhibit "A" are designed to accommodate a specific type of residential dwelling a_s set forth in Section IV of this Docurent, and accessory uses /structures outlined herein. Approximate acreages of all tracts have been indicated on Exhibit "A" in order to indicate relative size and distribution of the permitted uses. These acreages are based on conceptual designs and shall be considered to be approximate. Actual acreages of all development plan tracts shall be provided at the time of development plan approval in accordance Mth Section 2.5 of this MPUD Document. 2.7 DEDICATION AND NLAINTENANCE OF COMMON FACILITIES: Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in compliance with the Collier County LDC. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with the applicable regulations in effect at the time approvals are requested. A property owners' organizatioir shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly oi,,,aied lands, facilities and waters within the project. 2.8 PARK TRAILER & RECREATIONAL RESIDENCE MODELS: Park trailer and recreational residential models, not to exceed four, (i.e. 1 "Sales Center" and 3 "Dry Models ") shall be permitted in conjunction with the promotion of the development. 2-3 Text l�thre x is to be deleted. Underlined text is to be added. Agenda Item No. 1'E3 actob r 14. 2003 Page 63 of 151 No more than three "dry models" may be constructed prior to recording a plat for the project if applied for by the owner. Site(s) for the model(s) shall conform to zoning standards and shall be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model from the model serving as a "sales center ", or an approved independent "sales center ". Access shall be for pedestrian traffic only, no paved road shall be allowed. A "sales center" may be constructed prior to recording of a plat. The "sales center" shall be limited to one structure (one building permit). It may be serviced by a temporary utility system (i.e. dry well and septic tank/drain field) prior to availability of central utility systems, at which time connection to the central system shall be made. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available to serve the center. Review and approval of the "sales center" shall follow the requirements of the SDP process. A metes and bounds legal description shall be provided as part of the application. Access to the "sales center" shall be provided by a paved road or temporary driveway which meets County standards. A water management plan shall be provided which accommodates the run -off from the "sales center ", the required parking and access road / driveway and any other impervious surfaces. The system shall be designed to fit in with the piaster water management system for the entire development. At the time of building permit application for the "sales center ", a temporary use permit shall be obtained. "Sales centers" may not be occupied until a certificate of occupancy (CO) is issued. Models shall obtain a conditional CO for model purpose only. Models shall not be occupied until a permanent CO is issued. 2 -4 Text °t�^.uek Offi-o .. is to be deleted. Underlined text is to be added. SECTION III LOW DENSITY PARK / TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract A. parklTTRV. 3.2 DEFINITIONS: (taken from the 2003 Florida Statutes, Chapter 320.01, Definitions, General. ) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by azxother vehicle. B. Park Trailer: .A, transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters connected to utilities necessary for operation of installed fixtures and appliances. T1he total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud v ails at the level of maximutn dimensions, not including any bay windovv, does not exceed 400 square feet when constructed to ANSI A -119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism.) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. C. Travel Trailer (includes fifth -wheel travel trailer): A vehicular portable emit, mounted on wheels, of such a size and/or weight as not to require special high��,ay movement permits vdien dra-,vn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8 1/z feet and an overall body length of no more than 45 feet when factory- equipped for the road. 3 -1 Text stmxkn og� is to be deleted. Underlined teat is to be added. Agenda item No. 173 (October 14. 2003 Page 70 of 151 D. Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. E. Truck Camper: A truck which is equipped with a portable unit which is designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use. F. Motor Home: A vehicular unit which is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 3.3 MAXIMUM DWELLING UNITS: The maximum number of park/T TRV lots allowed within the MPUD shall be as follows: Tract A = 400 Total = 400 3.4 USES PER 1TTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1) Parr trailers: One (1) per lot. 2) Travel trailers (including fifth -wheel trailers): One (1) per lot. 3} Camping trailers: One (1) per lot. 4) Truck campers: One (1) per lot. 5) Motor homes: One (1) per lot. 3 -2 `text st Hugh is to be deleted. Underlined text is to be added. 14. 2vrr3 PC-"ye 71 of °;,1 6) Any other recreational unit not specifically mentioned above, that is designed to provide temporary or seasonal living quarters for recreational, camping, or travel use: One (1) per lot. B. Accessory Uses: I) One (1) caretaker's residence in conjunction with the operation of the park. The residence may be a single family residence subject to the development standards of the RSF -5 Zoning District, as contained in the Collier County LDC in effect at the time construction permits are requested. Furthermore, any three (3) parlc/TTRV lots may be combined to satisfy this provision without being subject to Subsection 2.5.B.2 of this Document. 2) Accessory uses and structures customarily associated with park/TTRV recreational vehicle lots, including: (a) Utility sheds, attached or detached, not to exceed sixty (60) square feet. (b) Roofed, aluminum with screen glass, andlor vinyl enclosed pees strictures, elevated or at ground level, not to exceed five hundred (500) square feet of additional living area which may be air conditioned. Modular constriction of the accessory structure is permitted, and may be constructed by the manufacturer of the park trailer principal structure, and assembled together on the lot within designated Tract A lots. Motor homes intended to be located on lots within the Tract A area shall be permitted to have a similarly modularly constructed accessory structure. The square footage of the cec ssorV structures delineated herein [3.4.B.2(b) shall not exce, d the square footage of the associated principal structure This square footage restriction shall not apple to recreational vehicles such as over the road recreational vehicles that are tv lea 11 Y not ner�nanently anchored to the ground. The restriction_ shall anppl;- to park model trailers, (c) In addition to the foregoing, roofed, screened or enclosed structures, permanently anchored to a lot, or attached, provided such structures are constricted in compliance with all County, State and Federal building standards. (d) Structural additions, for which a building pern -iit was issued, in existence as of the date of adoption of this MPUD Document shall continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. 3 -3 Text 4, i^ ek *',r � b' is to be deleted. Underlined text is to be added. Ager)ta item, No. 1 7'3 r)ctob °r 14. 2003 Page 72 of 151 (e) One carport per lot. 3) Utility and drainage facilities. 4) Golf cart paths. 3.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (Jot) boundaries. B. MINIMUM LOT AREA: 2,350 square feet. C. MINIMUM LOT WIDTH: 1) Corner Lots: Forty -five (45) feet. 2) Interior Lots: Thirty -five (3 5) feet. D. MINIMUM YARDS: 1) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear Yaxd: Eight (8) feet. E. MAXIMUM GROSS FLOOR AREA OF PRINCIPAL STRUCTUREXNIT: Five Hundred (500) square feet, exc4us: v� — � per_a1 -°,s. F. MAXB UM HEIGHT: 1) Principal Structure: Fifteen (15) feet. 2) Accessory Structure: Fifteen (15) feet. G. MINIMUM PRESERVE SETBACK: 1) Principal Structure: Twenty -four (24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five (25) feet. 2) Accessory Structure: Ten 10 feet. 3 -4 Text stpaek t1ga„gi is to be deleted. Underlined text is to be added. 17 B ��.....BC 4 210, ;8 7 -1 Dr J 1 3.6 PER1vIANENT LOCATION OF PARK / TTRV UNITS: Park / travel trailer recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land shall be recorded in Public Records of Collier County restating the MPUD restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement measures: A. Lots Rented: For those park/TTRV lots that are rented, the park manager shall maintain a register of tenants or occupants of the park, noting the duration of the rental arrangement. This register shall track the occupancy of the rental lots, and shall be provided to persons employed by Collier County, in an official capacity, upon their request. Failure to provide said register, duly describing the persons who have occupied a parkiTTRV lot, and their occupancy shall be subject to the penalties prescribed by applicable Collier County Codes. B. Lots Sold: For those park/TTRV lots that are sold, the developer / owner of the lots shall include in the sales contract a notice that current zoning regulations prohibit the use of the lot for permanent occupancy. The new lot owner shall be responsible for registering his or her arrival and departure from their unit with the manager of the park. Failure to register will hold the new lot owner responsible for any penalties imposed by Collier County. 3.7 PERMANENCY CONTINGENCY: If, after the approval of this MPU.D, Collier County adopts a policy or ordinance to allow permanent occupancy of recreational vehicles in TTRVC or similar zoning districts, Section 3.6 of this MPUD Document shall become null and void. 3.8 FLOOD PLAIN ELEVATIONS: All park % travel trailer recreational vehicles and accessory structures shall meet flood plain elevations if permanently attached to the ground or utility facilities. 3.9 ANCHORING / SEWER, WATER AND ELECTRICAL CONNECTIONS: All travel trailer units that require a special license and/or permit to be transported on Florida state highways, when positioned on a lot in this I1,1PUD, shall be anchored in accordance with the standards set forth in the Building Code adopted by Collier County. 7hiese units shall be connected to the public water and sewer system. Additionally, such 'knits insist obtain electrical sciilcG- directly from the ciei;tric utility authorized to provide such service in Collier County. 3`J Text tf -a4-tl rsugh is to be deleted. Underlined test is to be added. SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4.1 PURPOSE: r�' nra it:-, i', f r'o. 1 i October 14, 2DA 2 14 Gi ''51 The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract AR, Recreational Residence. 4.2 DEFINITIONS: A recreational residence is a transportable unit which has a body width not exceeding 14 feet, and which is built on an integral chassis, and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air - conditioning, and electrical systems contained therein. All recreational residences located in the development shall have water closets designed to have a maximum water flushing capacity of 1.5 gallons. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions including expandable rooms, but not including any bay window, shall not exceed 700 square feet. The total length of a recreational residence is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism, to the exterior of the wall at the opposite end of the unit, where such -, alls enclose living or other interior space. Such distance includes expandable rooms, but excludes bay -�Arindows, porches, drawbars, couplings, hitches, gall and roof extensions, or other attaclunents that do not enclose interior space. The total length of a recreational residence shall not exceed 50 feet. All recreational residences shall be constructed to United States Department of Housing and Urban Development Standards. 4.3 MAXIMUM DWELLING UNITS: The maximum number of recreational residential lots allowed 'Mthin the MPUD shall be as follows: Tract AR = 160 Total = 160 4 -1 Text strueh -: 4-ffaugh is to be deleted. Underlined text is to be added. 17 3 ..I, 22C r3 age ; := ref I 4.4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or in part, for other than the follo-Mrig: A. Principal Uses: 1) Recreational Residences: One (1) per lot; 2) All land uses permitted in Section ") A.A. of this Document. B. Accessory Uses: 1) Accessory uses and structures customarily associated with residential Iots, including: (a) Utility sheds, attached or detached, not to exceed sixty (50) square feet. (b) Roofed, alununum with screen/ glass, and/or vinyl enclosed pere-hes structures, elevated or at ground level, not to exceed seven hundred (700) square feet of additional living area. Nvhich may be arr conditioned. Modular construction of the accessory structure shall be permitted, and may be constructed by the manufacturer of the recreational residence principal structure, and assembled together on the lot within d:.signated Tract AR lots. The accessory land uses permitted by this Subsection 4.4.B.1)(b) shall not exceed the souare footage of the associated principal Structure (c) In addition to the foregoing, roofed, screened or enclosed Feeiias structures, permanently anchored to a lot, or attached, shall be permitted provided such structures are constructed in compliance «vith all County, Slate and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this IMPUD Document may continue to exist. Expansion of such additions shall only be pursued in strict compliance Nvith the applicable development standards. r ) n., car—port i 2)) Utility and drainage facilities. �) Golf' cart pat s. a_o Text sty-ucz.0 is to be deleted. Underlined text is to be added. 07,tc r 14 .` +003 Pap 76 of 151 4.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (lot) boundaries. B. MINIMUM LOT AREA: 3,800 square feet, C. MINIMUM LOT WIDTH: 1) Corner Lots: Fifty -five (55) feet. 2) Interior Lots: Forty -five (45) feet. D. MINIMUM YARDS: 1) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear Yard: Eight (8) feet. E. MAXIMUM GROSS FLOOR AREA OF PRINCIPAL STRUCTUREIUNIT: Seven Hundred (700) square feet, exelusive of weeks and pa--ehes. F. MAXIMUM HEIGHT: 1) Principal Structure: Fifteen (15) feet, 2) Accessory Stricture: Fifteen (15) feet. G. MINIMUM PRESERVE SETBACK: 1) Principal Structure: Twenty -four (24) feet. Deviation from LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty -five (25) feet. 2) Accessory Structure: Ten 10 feet. 4.6 ANCHORING / SEWER, WATER AND ELECTRICAL CONNECTIONS: All recreational residential units, when positioned on a lot in this MPUD, shall be anchored in accordance with the standards set forth in the Building Code adopted by Collier Courtly for rno rile homes, and be- connected to the public water and Silver Sj'Stelii. Additionally, such units shall obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 4 -3 Text stru6k4 is to be deleted. Underlined text is to be added. SECTION V C01VE IONS / RECR.EATION AREA 5.1 PURPOSE r - ��cer, d (t ill f'uQ. 17B 14, 2j)',3 u e 77 of ?31 The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract CR, Commons I Recreation Area on Exhibit "A ". The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open areas, hurricane evacuation shelter facilities for recreational uses, and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 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: A. Principall.Ises: 1) Utility, water management and right-of-way easements. ') Golf courses for use by the residents of the development and golf cart paths. 3) Structures which house social, administrative, or recreational facilities. 4) Hurricane evacuation fac.iIities for recreational residential land uses. 5) Lakes. 6) Signage for project identification or advertising. 7) Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to, or passage through the commons areas. 8) Small docks, piers or other such facilities constructed for purposes of lake recreation, or mooring, or use of non - internal combustion lake recreation apparatus iiSc;u by rti:Siututa of utc. Project. 7) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. Text str- ek t i-- -1 is to be deleted. Underlined text is to be added. 0end I:errl No. 175 Oct:.")er 14, 2003 Pace t'S of 151 B. Accessory Uses: 1) Clubhouse, pro -shop, practice driving range and other customary accessory uses of golf courses. 2) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage (including R.V. storage), recreation or shelter with appropriate screening and landscaping. 3) Upon completion of the development of this project, convenience establishments of a commercial nature including stores, laundry and dry cleaning agencies, beauty shops and barber shops shall be permitted subject to the following restrictions: Such establishments and the parking area primarily related to their operations shall not occupy more than five (5 %) percent of the project; shall be subordinate to the use and character of the project; shall be located in the area of the northernmost and, or westernmost recreation facilities as may be depicted on the MPUD Master Plan. Said accessory commercial uses shall serve the exclusive trade of the service needs of the persons residing in the project; and shall present no visible evidence of their commercial character from any portion of any public street or way outside the project. 4) Solid waste refuse facilities (i.e.: dumpster, compactor, etc.) 5.3 DEVELOPMENT REGULATIONS: A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of screened areas. B. All buildings shall be set back a minimurn of fifteen (15) feet from all parcel boundaries and the right -of -way tract. C. Buildings shall be set back a minimum of thirty -five (35) feet from abutting off - site residentially zoned districts, and a minimum fifteen (15) foot Type "B" perimeter landscape buffer shall be provided. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties fronl direct glare, or other interference. Text strae gh is to be deleted. Underlined text is to be added. N13. TB 4o'_er 14 lnng E. Preserve Setbacks: 1) Principal Structure: Twenty -flour (24) feet. Deviation from LDC Subsection 3.05.07 where a principal structure is required to be set back from a preserve twenty -five (25) feet. 2) Accessory Structure: Ten 10 feet. F. A SDP in compliance with these Development Regulations shall be required in accordance Aridi Section 2.5 of this M1'UD Document. G. Maximum Height: 1) Principal Structure: Thirty -five (35) feet. 2) Accessory Structure: Fifteen (15) feet. H, Minimum Off-Street Parking and Loading: l) Private Golf Course: Two (2) spaces per hole plus one (1) space per 300 square feet for office / lobby / pro shop / health club / clubhouse / lounge / snack bar / dining / meeting room areas and 50% of normal requirements for exterior recreation uses not accessory to the golf course use including: swimming pools and tennis courts. No additional parking spaces shall be required for the golf course. Golf cart, golf bag, and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed at one (1) space per 1,000 square feet. 2) Recreation (non — golf course) / Administrative Areas: One (1) space per tennis court; one (1) space per 150 square feet of water area for the first 1,000 square feet, and one (1) space per additional 250 square feet of water area for swimming pools, spas and hot tubs. One (1) space per additional 250 square feet of gross floor area far other (enclosed) recreational / administrative facilities. 3) Convenience Commercial Areas: One (1) space for each 250 square feet of gross floor area for all uses set forth in Subsection 5.2.B.3. of this Document. A) Loading Areas: As required by the LDC in effect at the time of final site develvpn ient plan approval. I. Landscaping: The landscaping requirements shall conform to the County LDC in effect at the time of final site development plan / construction plan approval. s_; Text stT- -u^t f0-1,+gzis to be deleted. Underlined text is to be added. Agenda l em No. 17B October 14, 2,008 Page 80 of 151 5.4 HURRICANE SHELTERS: The clubhouse called the Silver Lakes Clubhouse was constructed to specifications in place at the time of building permit application. However, since that time period it has been determined that hurricane shelters shall not be provided within the Coastal High Hazard Area. Therefore, the Clubhouse shall not be deemed a hurricane shelter. 5 -4 Text 5 11 +1,- -1- is to be deleted. Underlined teat is to be added. SECTION VI CONSERVATION AREA 6.1 PURPOSE: ua fer; h o. 1 i E3 0cIob r 14. 2DO3 f'a'Ie g 1 of 51 The purpose of this Section is to set forth the development plan for the areas designated as Tract CO, Conservation Area on Exhibit "A ". The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. 6.2 13SES PERMITTED: No structure or part thereof, shall be erected, altered or used, or land used, in -Whole or in part, for other than the following: A. Principal Uses: 1) Open spaces / nature preserves. 2) Boardwalks or pervious paths constructed for tine enjoyment of the conservation area by the residents of the project. 6 -1 Text k traur is to be deleted. Underlined teat is to be added. SECTION VII BUFFER AREA 7.1 PURPOSE: rk,gf- nc,a 1,ze i No. 1 7B October 14. 2003 Page 82 of 151 The purpose of this Section is to set forth the development plan for the areas designated as Tract B, Buffer Area on Exhibit "A ". Tract "B ", Buffer Area, is subject to an easement intended to protect residential land uses from more intensive residential land use, possible impacts from adjacent roadways and / or nonresidential land uses. Although no structures other than those set forth in this Section may be located within buffer easements, buffer easements shall be included in yard requirements set forth elsewhere in this Document. 7.2 USES PERMITTED: A. Principal Uses: 1) Landscaped buffer in accordance with the LDC in effect at the time of final site development plan approval. Existing native plant types may be substituted for those plant types set forth in the LDC subject to Planning Services Staff administrative approval. 2) Berms a. Grassed berms: 4:1 maximum slope. b. Berms planted with ground cover and landscaping: 3:1 maximum slope. 3) Fences / walls: In accordance with the LDC: in effect at the time of SDP approval.. 4) Sig-nage. B. Accessory Uses: 1) Utility and drainage facilities. 7 -1 Text Lek tlafeiabh is to be deleted. Underlined text is to be added. vnd`a !4'& ,1 No. 1 15 20)"0 P -age S3 Of 151 7.3 DEVELOPMENT REGULATIONS: A. A twenty (20) foot wide right -of -way has been provided and maintained adjacent and parallel to the Collier Boulevard (S. R. 951) rights-of-way. Furthennore, adjacent and to the east of the clear area, a twenty -five (25) foot buffer shall be provided and maintained to effectively screen this project from the roadway. The property owners' organization shall be responsible for the responsibility of maintaining said clear area and buffer. B. For those areas identified on Exhibit "A" as Tract B, other than those addressed in "Paragraph A" above, shall be maintained with a minimum fifteen (15) foot wide buffer strip. 7 -2 Text s*°•a gh is to be deleted. Underlined teat is to be added. SECTION VIII DEVELOPMENT COMMITMENTS 8.1 PURPOSE: n � A,:enda !4erri Na. 1 7 Gctc",er 14, 2008 Page ?4 of 151 The purpose of this Section is to set forth the development commitments for the development of the project. 8.2 GENERAL: All facilities shall be constructed in strict accordance with the final SDPs, final plats and all applicable State and local laws, codes and regulations in effect at the time of submission of the petition for final plat or SDP, as the case may be. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall develop the project in accordance ,Nrith Exhibit "A ", MPUD Master Plan, and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer, his successor or assigns, in title, are bound by the commitments within this Document. 8.3 MPUD MASTER PLAN: A. Exhibit "A ", MPUD Master Plan illustrates the proposed development. Minor site alterations may only be administratively handled pursuant to Subsections 10.02.03 and 10.02.05 of the LDC. 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 area.-, in the project. 8.4 SCHEDULE OF DEVELOPMENT: A. A development plan shall be submitted, where required, for each phase of development identified in this Section. SDP procedures for this MPUD are set forth in Section 2.5 of this Document. Text struc4i- ugh is to be deleted. Underlined text is to be added. 14, 2''X18 Pace 85 of .151 The Silver Lakes MPUD is planned to be developed in two phases. The development of Phase I may include the construction of 178 park/TTRV lots and 81 recreation residence lots along with their related infrastructure. The lakes and recreation facilities may also be developed in Phase I. The plan of development for Phase II will be to construct the remaining lots and related infrastructure, as well as the remaining recreational facilities. The developer reserves the right to develop portions of the described phases, or both phases simultaneously, as market demands change. Commencement of construction of Phase II will occur no later than three (3) years after Phase I is completed. 8.5 TRANSPORTATION AND ENGINEERING: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) A1anival of Uniform IVinimuin Standards (MI UMS), current edition, FDOT .Design Standards, current edition, and the iWanual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC B. A 20 foot wide strip of land along the entire west property line was dedicated for the widening of Collier Boulevard (S.R. 951). C. A FDOT right -of- -way permit shall be provided before construction plates approval. Ail work within Collier County rights -of -way or public easements shall require a right -of -way permit. D. A letter of no- objection from Florida Power and Light allow -ing encroachment into the Florida Power and Light easement shall be provided before construction plans approval. E. The developer provided a southbound left turn lane on Collier Boulevard (S.R. 951) at the project entrance. The length is sufficient to accommodate two of the lw-gest vehicle combinations expected to use it. F. The developer provided a turning radius of not less than 50 feet to serve northbound turning movements. CT. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first CO. H. T1-►e existing approval of the entrance location shall not imply that a median opening v4711 be permitted upon the four laning of Collier Boulevard (S.R. 951). 8 -2 Text is to be deleted. Underlined text is to be added. Acenda Item No_ 1-1 B October {4. 200,8 Parwa �j5 of 1;51 Site - related improvements necessary,for safe ingress and egress to this project, as determined by Collier County, 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. J. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended., and Subsection 1 0.02.07 of the LDC, as it may be amended. K. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 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 MPUD 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. L. Nothing in any development order shall vest a right of access in excess of a right- h- /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 fiiture cause of action for damages against the County by the developer, its successor in title, or assignee. - M. All internal roads, driveways, alleys, pathways, and sidewalks 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. N. If any required turn lane improvement requires the use of existing County rights - of -way or easements, compensating right -of -way shall be provided without cost to Collier Cotmty as a consequence of such improvement. O. 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. 8.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water and / or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance Number 04 -31, and other applicable County rules and re nzlations. 8 -3 Text stf: e tb_fe„ is to be deleted. Underlined text is to be added. r .. ; 3c',ot r '4, 21003 r ar;C- 8' of '151 B. 111 customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and / or sewer service to the project, the water and / or sewer customers shall be customers of the interim, utility established to serve the project until the County's off site water and / or sewer facilities are available to serve the proj ect. C. It is anticipated that the County Utilities Division will ultimately supply potable v,rater to meet the consum. pave demand and / or receive and treat the sewage generated by this project. Should the County system not be in a position to supply the potable water to the project and / or receive the project's wastewater at the time development commences, the developer, at his expense will install and operate interim water supply and on -site treatment facilities and / or interim on- site sewage treatment and disposal facilities adequate to meet all requirements of all the appropriate regulatory agencies. If an existing private utility will be utilized to provide service to the project, such service shall be regarded as interim, with the project connecting to County owned facilities when they become available. An agreement shall be entered into between the County, the interim utility provider and the developer; binding on the interim provider and the developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement shall be determined to be legally sufficient by the County prior to the approval of construction documents for the project, and shall be in conformance with the requirements of Collier County Ordinance No. 04 -31. D. The existing off -site water facilities of the District shall be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water mistetn cw-i hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. L. The on -site water distribution system to serve the project shall be connected to the District's 10 -inch water plain on the east side of SR -951 (Isle of Capri Road) and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1) Dead -end mains shall be eliminated by looping the internal pipeline network on cul- de- sacs, unless otherwise approved by the Collier County Utilities Division. 2) Stubs for future system interconnection with adjacent properties shall be provided to the cast, south and the west property lines of the project, at locations to be mutually agreed to by the County and the developer during the desigii phase of the project. Text str--ue.lr thr-eugh is to be deleted. Underlined text is to be added. ;yen as Item fro. 17B October 14. ?0G3 Pa er8or151 F. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on —site force main which will ultimately connect the project to the future central sewerage facilities of the District in the SR 951 right -of -way. The force main shall be extended from the main on -site pump station to the east right -of -way. The force main shall be extended from the main on -site pump station to the east right --of -way line of Collier Boulevard (S.R.951) and capped and valved for future disconnection from the proposed interim utility system to serve the project. The configuration will permit the simple redirection of the project's sewerage when connection to the County's central sewer facilities becomes available. G. OTHER UTILITIES Telephone, power, and TV cable service shall be made available to all park/TTRV and residential areas. All such utility lines shall be installed underground. 83 WATER MANAGEMENT: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering and Environmental Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Department of the Community Development and Environmental Services Division. B. Design and construction of all improvements shall be subject to compliance with The appropriate provisions of the Collier County LDC. C. An excavation permit will be required for the proposed lakes in accordance with Section 22 of the Collier County Code of Laws and Ordinances (COde) and SFWMD Rules. D. Fill material from the lake is planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards, may be removed and utilized off -site subject to the requirements of the Code. Removal of material in excess of 10% of the total, or a maximum of 20,000 cubic yards shall meet the requirements of a commercial excavation pursuant to Section 22 of the Code. E. A copy of SFWMD Permit or early work pen-nit is required prior to construction plan approval. 8 -5 Text struck z e • gr, is to be deleted. Underlined text is to be added. n G '::y of 1 1 F. A Florida Department of Transportation permit approval to outfall into the Collier Boulevard (S.R. 951) right-of-way shall be submitted before construction plan approval. If the Department of Transportation requirements for water management significantly alter the master plan submitted for approval, the developer shall consult with the Planning Services Department which shall coordinate the Engineering Department of the Community Development and Environmental Services Division to affirm that the project design is consistent with the approved master plan. G. The off -site drainage shall be routed through the project in an interceptor swale that discharges to the Collier Boulevard (S.R. 951) canal or to an existing ditch located on the easterly, adjacent property at the property boundaries. The off-site drainage shall not be incorporated in the on -site water management system. H. At the time of construction plan review, the developer shall provide an analysis of the capacity of the proposed off -site runoff interceptor swale. 1. The proposed off -site runoff interceptor Swale shall be platted and dedicated as a drainage easement. J. All proposed easements for Collier County storm water facilities shall be maintained free of landscaping, berms, or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 8.8 ENVIIZONMENI,AL: A. This MPUD shall be consistent with the Environmental Sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. B. This MPUD shall comply with the guidelines and recormriendations of the USF AIS axed FFWCC for impacts to protected species. A, Habitat Management Plan for those protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final SDP/ construction plan approval. C. Except where provided for elsewhere in this Document, ail new principal structures erected or placed pursuant to permits applied for after the effective date of this NIPUD shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 1 0-toot setback. s -6 Text wok thfaugh is to be deleted. Underlined text is to be added. � yvliGa ! +n 1 INo. 17 B C tober 14, 2008 Pace 90 of 157 i D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas by the developer and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. E. A preserve area management plan shall be provided to Environmental Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All required approved agency (SF' .%4D, ACOE, FF'WCC) permits shall be submitted prior to final SDP/ construction plan approval. G. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and shall be protected by a permanent conservation easement to prohibit further development. H. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department Staff by the developer for review and approval prior to final SDP /construction plan approval. A schedule for removal of exotics within all preservation areas shall be submitted by the developer with the above- mentioned plan. 8.9 PLANNING COMMITMENT'S, A. Improvements within Unit 3013, as described in the Deltona Settlement Agreement, on the site shall meet the requirements of the Deltona. Settlement Agreement at the time of permit submission. B. Although construction plans / plan(s) may be approved, the Silver Lakes development may not proceed with infrastructure improvements prior to May 1, 1992. SDP approval and the resulting construction of a "Sales Center" and associated "Dry Models" are exempt from this provision. C. If during the course of site, clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, the applicable provisions of the Collier County LDC shall be followed. 8 -7 Text struck- threugh is to be deleted. Underlined text is to be added. to�er 14, i Page 91 of ,�5 i D. The following tracts and parcels will be conveyed to the Silver Lakes Property Owners Association, h)c., by the delivery of executed deed(s), within sixty (60) calendar days after the adoption of this PUD.: Tract CR2 of Silver Lakes, Phase Two -B according to the plat thereof recorded in Plat Book 25, pages 69 and 70 -of the Public Records of Collier County, Florida; 2. Except for the Southwest 3001 foot, fenced parcel, lying south of the FP &L Easement, Tract CR5 of Silver Lakes, Phase Two -C according to the plat thereof recorded in Plat Book 27, Pages 74 and 75 of the Public Records of Collier County, Florida. Said excepted parcel may be used for a temporary construction staging area, including storage of construction equipment and materials, for a period not to exceed three (3) years from March 8, 2005. On, or before March 8, 2008, all construction equipment and materials shall be removed from said excepted parcel, and that parcel deeded to the Silver Lakes Property Ourners Association, Inc.; Tract B2 of Silver Lakes, Phase Two -E according to the plat thereof recorded in Plat Book 31, pages 45 through 47 of the Public Records of Collier County, Florida.; 4. Tract CO2 of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.; Tract CR6 of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book. 33, pages 37 and 38 of the Public Records of Collier County, Florida.; 6. Tract CRIO of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.; 7. Tract CRI I of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.E. The real property described in that certain Conservation Easement recorded in Official Records Book 3242, Pages 0981 through 0987 of the Public Records of Collier County, Florida shall 'tie conveyed to the Silver lakes Property O «-hers Association, Inc. by the delivery of executed deed(s), on or before 1\,Iarch 8, 2009. 8 -8 .AV ULU�V U. Text °t uek4hfetigh is to be deleted. Underlined text is to be added. agenda item No. 17B Gcfohc. r 14. 2003 rr� ;e92of 151 All signage shall be in accordance Section 5.06.00 of the LDC, with the following � exceptions; A. Two (2) project identification signs may be affixed to a proposed wall adjacent and along the Collier Blvd. (S.R. 95 1) frontage, and may protrude above said wall to the extent of not more than three (3) feet, subject to the follo�Aring requirements: 1) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain promotional or sales material; 2) Any project identification sign(s) shall not exceed sixty (60) square feet. B. One (1) ground or wall sign may be located along the Collier Boulevard (S.R. 95 1) frontage for the purpose of promoting the development. Such a promotional sign shall not exceed thirty (30) square feet. 8.11 LANDSCAPING FOR OFF- STREET PARKING AREAS: All landscaping for off - street parking areas shall be in accordance with the Collier County LDC in effect at the time of final site development plan approval. 8.12 POLLING PLACES: Pursuant to the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral tolling place. An agreement shall be 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 common areas including, homeo,tivners' associations, or tenants' associations. This agreement shall provide for said community recreation / public building / public roorn or similar common facility to be used for a polling place, if determined to be necessary by the Supervisor of Elections. M Text Aruck t�,-eu is to be deleted. Underlined text is to be added. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 51 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 APPLICATION FOR PUBLIC HEARING FOR: s AMENDMENT TO PUD (PUDA) ❑ PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE (PUDZ -A) PETITION NO (AR) PUDA- 2008 -AR -13063 REV: 1 PROJECT NAME SILVER LAKES PUD PROJECT NUMBER Project: 2003100066 DATE PROCESSED Date: 3118/08 DUE: 4115108 ASSIGNED PLANNER APPLICANT INFOPUNIATION NAME OF APPLICANT(S) SILVER LAKES PROPERTY OWNERS ASSOCIATION OF COLLIER COUNTY, INC. ADDRESS 1001 SILVER LAKES BOULEVARD CITY NAPLES STATE FL ZIP 34114 TELEPHONE # 239- 775 -4808 CELL # FAX # E -MAIL ADDRESS: LABOOK904 @AOL.COM NAME OF AGENT DWIGHT NADEAU, RWA, INC. ADDRESS 6610 WILLOW PARK DRIVE, SUITE 200 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 597 -0575 CELL # 825 -9371 FAX # 597 -0578 E -MAIL ADDRESS: DHN @CONSULT- RWA.COM NAME OF AGENT TONY PIRES, WOODWARD, PIRES AND LOMBARDO ADDRESS 3200 TAMIAMI TRAIL NORTH, SUITE 200 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 649 -6555 CELL # 450 -2474 FAX # 649 -7342 E-MAIL ADDRESS: APIRES @WPL- LEGAL.COM Applica €ion For Public Hen-ins i o; PUD Rezone G i %i Siu?, rev i;'i�. %03 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELT- Octc) per 14. 2�� ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONM g of ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http:llwww.colIiergov .net /index.aspx ?pape =774 NAME OF HOMEOWNER ASSOCIATION: PELICAN LAKES MOTOR COACH RESORT MAILING ADDRESS 4555 SOUTHERN BREEZE DRIVE CITY NAPLES STATE FL ZIP 34114 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Application For Public Hearing For PUD Rezone Ob ] 8 07, rev 2112.08 Percentage of Ownership b, if the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address See attached Silver Lakes Property Owners Association Board Of Directors Exhibit Percentage of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership pl c; ation ro- P.,b'i„ :ira -ino T'or PUD Rc=,— 01 13;07, rc 2'12103 .p J ii _......_..... � l + D t e i-1 21') _ cx Z,7jz' b, if the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address See attached Silver Lakes Property Owners Association Board Of Directors Exhibit Percentage of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership pl c; ation ro- P.,b'i„ :ira -ino T'or PUD Rc=,— 01 13;07, rc 2'12103 .p J ii ,:` nc,a ! ern �o. v )-tc c-r 14. 20",B Page e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. f. 9. Name and Address Date of Contract: Percentage of Ownership If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Date subject property acquired ❑ leased 7� Term of lease If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date Application For Public Hearing For PUD Rezone 01,118.107, rev 2!1208 , or yrs./mos. h. Should any changes of ownership or changes in contracts for purchase -o c6f J 1,-; 3 subsequent to the date of application, but prior to the date of the final publral?ccr► :c„ 5 -1 it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range TO / 51 South / 26 East Lot: Block: Subdivision: Silver Lakes MPUD Plat Book Page #: Property I.D. #: Metes & Bounds Description: The subject property being approximately 146 acres, is described as the South '/2 of the Southeast'/ of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the South'/ of the Southwest 114 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the North 220.00 feet of the North 1/2 of the North 1/2 of Section 15, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida. Size of property: ft. X ft. = Total Sq. Ft. Acres146 Addressl2enet-al location of subject property: 1001 Silver Lakes Blvd, Naples FL 34114 PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ❑ Commercial [7 Industrial ADJACENT :BONING AND LAND USE Zoning Land use N PUD ASGM Business Center of Naples N E. Estates S PUD Pelican Lake E IMH Mobile }come E RPUD Coper Cove Preserve Applicatim Fo: P ublic Hcarin., For PUD Rezone 011; &i07, rev 2,'!2!(;9 W A Rookery Bay National Estuary Sanctuary I er,' 1 1`P- 0 c e r 14, -, 0", 3 W C-5 Florida Power and Light p a- W C -5 Lee County Electric Coop, Inc. W C -5 Improved Industrial Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the MPUD zoning district(s) to the MPUD zoning district(s). Present Use of the Property: Silver Lakes RV & Golf Resort Proposed Use (or range of uses) of the property: Same Original PUD Name: Silver Lakes MPUD Ordinance No.: Ord. 89 -15, Ord. 05 -14 EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.6) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The suitability of the existing land uses were determined to be appropriate and compatible at the time of the original PUD approval of Ordinance 91 -90, and the umonded Ordinance 05 -14. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such Application For Public Hea,;ng For PLJD Rezone W19107, rev 21?2.108 areas and facilities that are not to be provided or maintained at public expense. F r:dtn s 67nd t� 'o-a r ' A. D :' 3 recommendations of this type shall be made only after consultation with the county a;ltaraev,� `, ; , Unified control was demonstrated through the original PUD zoning approval , and subsequent amendments. This application is presented by the Silver Lakes Property Owners Association, Inc., that has control of the common areas and facilities of the MPUD. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested usesfdensity, and fully explaining %addressing all criteria or conditions of that Sub- district, policy or other provision.) Consistency with the GMP was determined at the time of the original PUD approval of Ordinance 91 -90, and the amended Ordinance 05 -14. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design; and buffering and screening requirements. Compatibility was determined at the time of the original PUD approval of Ordinance 91 -90, and the amended Ordinance 05 -14. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Adequacy of usable open space was determined to be appropriate at the time of the original PUD approval of Ordinance 91 -90, and the amended Ordinance 05 -14. b. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Public facilities have been servicing the existing subdivision for over 15 years. 7. The ability of the subject property and of surrounding areas to accommodate expansion. No expansion of the MPUD is proposed as a part of this Petition. S. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed modifications to the NAPUD language does not change development standards, and the purpose for the proposed modifications were found to be prudent to ensure issuance of building permits. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions, Previous land use petitions on the subject property To your knowledge, has a public hearing been held on this property within the last year? 17 Yes [A No If so, what was the nature of that hearing? Application For Public Htarng For PUD Rezone 01 /18/07, rev 2:12108 r N 7 H ii 3sli -` J. . 3 14. 2c)r1a Fag e ? Ct: f 151 NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "dosed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.0.) Application For Public Hearing For PUD Rezone Ol /18/07, rev 2/12/08 PUD AMENDMENT (PUDA) y. :3! 4. PUD REZONE (PUDZ) " "`�` VJ1 PUD to PUD REZONE (PUDZ -A) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W(COVER SHEETS ATTACHED TO EACH SECTION. nr—re. 1---01 CTC SI IMRITTA3 S WILL NOT RE !ACCEPTED If located in RFMU !Rural Frinae,V%-jxec[ ULe receiving Larc1 Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida v:visrar: or : Fcrestry -@ 239-u90 -3500 for irtormaiion regarding °Wildfire Mitigatio> & n Plan ", LDC Section 2.C3.08,A.2.a.(b)i.c. Appiiconf/ Agent Signature lcfe Application For Public Hearing 101 PUD Rezone 01;1STI, rev 2112!09 # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD'REQUIREMENTS: _ I Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary 24 ❑ Completed Application with list of Permitted Uses; Development Standards Table; List 24 [� ! !� ❑ of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative I (download application from website for current form) Pre - application meeting notes 24 PUD Conceptual Master Site Plan 24" x 36" and One 8 1 /2" x 11" copy 24 Revised Conceptual Master Site Plan 24" x 36 "and One 8'/2" x 11" copy 24 ❑ Original PUD document /ordinance and Master Plan 24" x 36" — ONLY IF AMENDING 24 © ❑ THE PUD Revised PUD application with changes crossed thru & underlined 24 ❑ Revised PUD application w / amended Tille page word #'s, LDC 10.02.13.A.2 24 _ _ ❑ � j Justification/Rotionale for the Deviations (must be on a separate sheet within the j 24 [_J ( ❑ r application material; ;ease DO NOT include it in the PUD documents) es of, he following: 2C Pi� Deeds /Legal's & Survey (if boundary of original PUD is amended) € 2 -2- —M� List identifying Owner & ok parties of corporation i' �i ❑ Owner /Affidavit signed & notarized 2 Covenant of Unified Control 2 j ❑ Completed Addressing checklist j 2 (J j ❑ 4 Copies of the following: I. Environmental Impact Statement ("EIS) and digital /electronic copy of ElS or exemption Lj iustificati0n _ _ 4 { Historical Survey or waiver request 4 ❑ � ❑ Utility Provisions Statement w /sketches 4� ❑ ! Architectural rendering of proposed structures 4 _ f m Ll Survey, signed & sealed 4 i � y I l Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 ❑ ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400' 5 ❑ > � Electronic copy of all documents in Word €orr2at and plans (CDP.om or Diskette) 1 ❑ ❑ If located in RFMU !Rural Frinae,V%-jxec[ ULe receiving Larc1 Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida v:visrar: or : Fcrestry -@ 239-u90 -3500 for irtormaiion regarding °Wildfire Mitigatio> & n Plan ", LDC Section 2.C3.08,A.2.a.(b)i.c. Appiiconf/ Agent Signature lcfe Application For Public Hearing 101 PUD Rezone 01;1STI, rev 2112!09 0c t1-1 bl ,r 4 r� r�LI3 r-z< ,''2 of 151 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that they are the property owner of record of property commonly known as Silver Lakes PUD and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Silver Lakes Planned Unit Development Amendment. (PUDA) zoning. We hereby designate Dwight Nadeau, of RWA, Inc., and Anthony Fires Esquire, of Woodward, Pires and Lombardo, legal representatives thereof as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the proj ect: 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 responsible for compliance with M terms, conditions, safeguards, and stipulations made at the time of approval of the master 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. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned twit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terns and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought tut compliant wryit terms, conditions and safeguards of the planned unit development. roperty Owner .Iames Bach, President PUDA- 2008 -AR -13063 REV: 1 Silver Lakes Property Owners Association, lne. SILVER LAKES PUD Printed Name __ Project: 2003100066 Date: 3118108 DUE: 4115108 (STATE OF L (COUNTY OF 41 Sworn to (or affirmed) and subscribed before me this _1� day of Alto ''L k , 200 ? b jj y _ C La %72 S Cjs wlto i ersonally f. a fvto me or has produced as identification. ROBYN LEE JONES ' (Dame ed, printed or stamped) MY COMMISSION # DD654532 (Serial Number, if any) EXPIRES March 22, 2091 (407y3)8-0153 Florltlallotary5orvioa -=n EXHIBIT A The subject property being approximately 146 acres, is described as the South 1/2 of the Southeast 1/4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the South '/2 of the Southwest `/a of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the North 220.00 feet of the North V of the North �z of Section 15, To«mship 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida. /F, 0:;Iober 14, 2008 AFFIDAVIT We /I, James Bach. President, Silver Lakes Property Owners Association Of Collier County. Inc. being first duly sworn, depose and say that we/1 am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this for, whether computer generated or County Printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /1 further authorize Dwight Nadeau of RWA, Inc. and Anthony Pires Esquire, of Woodward, Pires and Lombardo, PA, to act as our /my representatives fi any matters regarding this Petition. Signature of Property Owner James Bach President Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this /0 day of ,iyi,/�-,Ct d 200 f , by Sc' c-ff who is ,pe rsonally known to me or has produced as identification. State of Florida (Signature of Notary Public(�� #�J County of Collier "' l z,i.iC - 1T ATE OF FLORIDA ` Charles R. Heidelberg (Print, Type, or Stamp Commissioned Na e °' .• = Cc : i slot, a� Dn626136 of Notary Public Y ) '� � � Expires; F'F.P. 17, 2011 ENDED THRG Ali Fi TtC BOiDING C6, L'JC. PUDA- 2008 -AR -13063 REV: 1 SILVER LAKES PUD ProjerA, 2003100056 Date: 3118/08 DUE: 4115/08 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW W COLLIERGOV NET W L'J 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 PRE - APPLICATION MEETING NOTES PUD Rezone (PUDZ) PUD to PUD Rezone (PUDZ -A) X PUD Amendment (PUDA) Date: 2/28/08 Time: 10:00 Firm: RWA Consulting Inc. Project Name: Silver Lakes MPUD Size of Project Site: 146 acres Applicant Name: Dwight Nadeau Phone: 597 -0575 Owner Name: Jim & Liz Bach Phone:, 775 -4808 _ Owner Address: i 0_9 Silver Lakes 31vd. -._ -- City: _ Naples State F L ZIP 34 i 1 d Existing PUD Name and Number Silver Lames MPUD (AR -4942 & Ordinance 05 -14) Assigned Planner: John David Moss Meeting Attendees: Jim Bach, Dwight Nadeau, Joe Schmitt, Ross Gochennur, Tony Pieres, Ray Bellows Joe Schmitt approved this meeting to serve as the official Pre - application hAleeting Submittal requirements (see next page chpckik, PUDA - 2008 -AR -13063 REV:1 SILVER LAKES PUD Project: 2003100056 Date: 3118108 DUE: 4115108 -9- -:120071070078.00.02 Silver Lakes Minor NIPUD Amendment10002 10PUD Amendment Application\Silver Lakes Pre -app Notes.doc PUD REZONE (PUDZ) x. erica item N1 0. i PUD to PUD REZONE (PUDZ -A) Octc;ber 1-1 "?CrrB I PUD AMENDMENT (PUDA) mace 1 L) ES, of i 51 APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS wti I NnT AF ArreaTen REQUIREMENTS __ __ # OF COPIES ...__ .. _ . __ ..___..•�'. REQUIRED NOT REQUIRED STANDARD 'REQUIREMENTS. 1 Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) N/A Copies of detailed description of why amendment is necessary 24 X Completed Application (download From website for current form) 24 X Pre - application meeting notes 24 X PUD Document & Conceptual Site Plan 24" x 36" and One 8 1/2" x 1 1" copy 24 X Revised Conceptual Site Plan 24" x 36 "and One 8 1,/2" x 1 1" copy 24 X Original PUD document and Master Plan 24" x 36" ONLY IF AMENDING THE PUD 24 X Amending PUD Ordinance with changes crossed thru & underlined 24 X Revised PUD document w 'amended Title page w ord #'s, LDC 10,02.13,A.2 24 X 2,C-00 e$ of fhe!follo+.virig:' Deeds /Legal's & Survey (if boundary of original PUD is amended) 2 X List identifying Owner & all parties of corporation 2 X Owner/Affidavit signed & notarized 2 X Covenant of Unified Control 2 -- X Completed Addressing checklist 2 X Environmental Impact Statement (EIS) " or exemption justification 2 X Digital /electronic copy of EIS I X Historical Survey or waiver request 4 X Utility Provisions Statement w /sketches 4 X Architectural rendering of proposed structures — 4 — X Survey, signed & sealed 4 X Traffic Impact Statement (TIS) or waiver 7 X Aerial photographs {taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and proiect boundary 5 X Electronic copy of all documents in Word format and plans (CDRom or Diskette) I _ X Affordable Housing or Economic Development Council Projects: X ❑ EDC "Fast Track" must subin11 approved copy of official application ❑ Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. 2 X F1 If located in RFMU (Rural Fringe Mixed Use) Receiving Land Aroas Applicant must contact Mr. Gerry !. Lacavera, State of Florida Division of Forestry @ 239 -690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. FILE located within '.h mile of City of Naples send copy of submittal package to: Robin Singer, Planning Director City of Naples 295 riverside Circle Naples, FL 34102 -2- -:120071070078.00.02 Silver Lakes Minor MPUD Amendment\0002 MPUD Amendment ApplicationlSilver Lakes Pre -app Notes.doc t+ Fees: Application Fee: ❑ $10,000 (PUD Rezone) + S25 per acre (or fraction of thereof) ❑ $8,000 (PUD to PUD) + $25 per acre (or traction thereof) X $6,000 (PUD Amendment) + $25 per acre (or fraction of an acre) X $150.00 Fire Code Review ❑ $2,250.00 Comprehensive Planning Consistency Review ❑ $500.00 Pre - application fee (This fees was waived for the pre -app) (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. X $760.00 Legal Advertising Fee for CCPC meeting X $363.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). ❑ $2500.00 Environmental Impact Statement review fee ❑ $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) ❑ Property Owner Notification fees. Property Owner Notifications $ 7.50 Non - certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Transportation Fees, if required: ❑ $500.00 Methodology Review Fee, if required ❑ $750.00 Minor Study Review Fee, if required ❑ $1,500.00 Major Study Review Fee, if required Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner prior to the due date SCHOOL DISTRICT ! PARKS & REC — Amanda Townsend SUPERVISOR OF ELECTIONS I I IMMOKALEE WATER/SEWER DISTRICT DRIEMI — EMER. MGMT — Jim Von Rintein i UTILITIES ENGINEERING — Zamira Deltoro CDES Coordinator — Linda B. Route Sheet i only Meeting Motes The Silver Lakes ueolole are reauestinq to do a minor change to the Silver Lakes MPUD (Amending the Current Ordinance) that would allow the additions to be identified as living space, although not part of the park model unit. In fact. they could do what they've been doing to enclosed area as living space. This way, the PUD will allow it legally, plus to ensure the County collects the required impact fees. -3- -:120071070078.00.02 Silver Lakes Minor MPUD Amendment10002 MPUD Amendment ApplicationlSilver Lakes Pre -app Notes.doc L "WTA NC sEngineering Surveying O N S U L T I N G- Planning JL M. Visualization Project No, —D.1-00 • bi'lz-).2�-Oke r� No. 1 TE3 r Project P-d'Ee',; t-A", Calculated By Date Checked By. Date Sheet-- of Scale ................... ......... ........... ........ ............... .............. ......... ,_aiDer t 4. 2,D.5 8 1 V 6) Any other recreational unit not specifically mentioned above, that is designed to provide temporary or seasonal living quarters for recreational, camping, or travel use: One (1) per lot. 13. Accessory Uses: 1) One (1) caretaker's residence in conjunction with the operation of the park. The residence may be a single family residence subject to the development standards of the RSF -5 Zoning District, as contained in the Collier County T DC in effect at the tit'ne eo;:straction pc-nnits are requested. Furthermore, any three (3) park/TTRV lots may be combined to satisfy this provision without being subject to Subsection 2.5.13.2 of this Document. 2) Accessory uses and structures customarily associated with park/TTRV recreational vehicle lots, including: (a) Utility sheds, attached or detached, not to exceed sixty (60) square feet. (b) Roofed, aluminum with screen'glass, and'or vinyl enclosed porches, elevated or at ground level, not to exceed five hundred (500) square feet. Modular construction of the accessory structure is permitted, and may be constructed by the manufacturer of the park trailer principal structure, and assembled together on the lot within designated Tract A lots. Motor homes intended to be located on lots within the Tract A area shall be permitted to have a similarly modularly constructed acccssory stricture. (c) In addition to the foregoing, roofed, screened or enclosed rooms pe=, anen,'ly anchored to a lot, or attached, provided such screen rooms are constructed in compliance with all County, State and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPT-0 Document shall continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per lot. 3) Utility and drainage facilities. 4) volfcart paths. 3 -3 f :''G6(`.Cl -0C41.00 Silvct Lakcs`000I In"bmntial PUD Amendment t13735�— 'X)3- Amendme1t\5iIyer Lakc, PUD = -22 -05 Clcan.doc Vc�.'da lielm ` "). 1rvG 7ctc b r 14. 2 o C 3 9„ 3.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards ind setbacks shall be in relation to the individual parcel (lot) boundaries. E. MINIMUM LOT AREA: 2,350 square feet. C. MWIMUM LOT WIDTH: 1) Corner Lots: Forty -five (45) feet. 2) Interior Lots: Thirty -five (35) feet. D. M1IvIMUM YARDS: 1) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear Yard: Eight (8) feet. E. MAXIMUM GROSS FLOOR AREA: Five Hundred (500) squ= feet, exclusive of decks and porches. F. MAXIMUM HEIGHT: 1) Principal Structure: Fifteen (15) feet. 2) Accessory Structure: Fifteen (15) feet. G. MlNnl ±UM PRESERVE SETBACK: 1) Principal Structure: Twenty -four (24) feet. morn LDC Section 3.05.07 where a principal structure is required to be set back from a preserve twenty-five (25) feet. 2) Accessory Structure: Ten 10 feet. 3.6 PERMANENT LOCATION OF PARK / TTRV UNITS: Park / travel trailer recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land shall be recorded in Public Records of Collier County restating the 1 PUD restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement measures: 3 -4 N�'?001501- 6091.00 Silver Lakes1000i inWbSMndal PUD A. mend meet #373 -',I2iS03- hmmdment\Siiver lakes PUD 3 -22-05 Cleandoc 4.4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Recreational Residences: One (1) per lot; ?) Al ad iScS pe►utted n eGt ..A. Of t1I5 Document. i ii iS1 j4 B. Accessory Uses: 1) Accessory uses and structures customarily associated with residential lots, including: (a) Utility sheds, attached or detached, not to exceed sixty (60) square feet. (b) Roofed, aluminum with screen/ glass, andlor vinyl enclosed porches, elevated or at ground level, not to exceed seven hundred (700) square feet. ASodular construction of the accessory structure shall be permitted, and may be constructed by the manufacturer of the recreational residence principal structure, and assembled together on the lot within designated Tract AR lots. (c) In addition to the foregoing, roofed, screened or enclosed rooms permanently anchored to a lot, or attached, shall be permitted provided such screen rooms are constructcd in compliance tivith all County, State and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPUD Document may continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per lot. 2) Utility and drainage facilities. j) Go f car! paths- 4-2 W200101= 0041.00 Silver fakes\OOW insubstantial f UD Lakes P�JD ?•22.05 Clean.doc 11 j 4.4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Recreational Residences: One (1) per lot; ?) Al ad iScS pe►utted n eGt ..A. Of t1I5 Document. i ii iS1 j4 B. Accessory Uses: 1) Accessory uses and structures customarily associated with residential lots, including: (a) Utility sheds, attached or detached, not to exceed sixty (60) square feet. (b) Roofed, aluminum with screen/ glass, andlor vinyl enclosed porches, elevated or at ground level, not to exceed seven hundred (700) square feet. ASodular construction of the accessory structure shall be permitted, and may be constructed by the manufacturer of the recreational residence principal structure, and assembled together on the lot within designated Tract AR lots. (c) In addition to the foregoing, roofed, screened or enclosed rooms permanently anchored to a lot, or attached, shall be permitted provided such screen rooms are constructcd in compliance tivith all County, State and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPUD Document may continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per lot. 2) Utility and drainage facilities. j) Go f car! paths- 4-2 W200101= 0041.00 Silver fakes\OOW insubstantial f UD Lakes P�JD ?•22.05 Clean.doc ra '11-2 of 151 4.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (lot) boundaries. B. MINIMUM. LOT AREA: 3,840 square feet. C. ME\T1MLUN4 LOT WIDTH: 1) Corner Lots: Fifty -five (55) feet. 2) interior Lots: Forty -five (45) feet. D. 1\4NI IMUM YARDS: 1) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear Yard: Eight (8)' feet. E. MAXIMUM GROSS FLOOR AREA: Seven Hundred (700) square feet, exclusive of decks and porches. F MAXIIVLUM HEIGHT: 1) Principal Structure: Fifteen (15) feet. 2) Accessory Structure: Fifieen (15) feet. 0. MINIIVi~UM PRESERVE SETBACK: 1) Principal Structure: Twenty -four (24) feet. Dev aada a from LDC Section 3.0 5.07 where a principal structure is required to be set back from a preserve twenty-five (25) feet. 2) Accessory Structure: Ten 10 feet. 4.6 ANCHORING f SEWER, WATER AND ELECTRICAL CONNECTIONS: All recreational residential traits, when positioned on a lot in this BAPUD, shall be anchored in accordance with the standards set foF11 in the Building Code adopted by Collier County for mobile homes, and be connected to the public water and sewer system. Additionally, such units shall obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 4-3 N:1?o01 0! 9091 DO Silvrr LakcstifOC +': insubstantial ?UD Amendment s$3735%1�OD3- Amendment\Sifver Lattes PUD 3.22 -05 C3ran.doc ✓ ;8 a rC J Df, ORDINANCE NO. 08 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 05 -14, SILVER LAKES MIXED USE PLANNED UNIT DEVELOPMENT (MPUD), BY AMENDING THE COVER PAGE; BY AMENDING SECTION 2.6 ENTITLED "GENERAL DESCRIPTION OF DEVELOPMENT "; BY AMENDING SECTION 3.4(B)(2)(b) ENTITLED "ACCESSORY USES "; BY AMENDING SECTION 3.5(E) ENTITLED "MAXIMUM GROSS FLOOR AREA "; BY AMENDING SECTIONS 4.4(B)(1)(b) and (c) ENTITLED "USES PER'�IITTED: ACCESSORY USES "; BY AMENDING SECTION 4 -5(E) ENTITLED "MAXIMUM GROSS FLOOR AREA "; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 22, 2005, the Board of County Commissioners approved Ordinance No. 05 -14, ,A-hich established the Silver Lakes Planned Unit Development (MPUD); and WHEREAS, Dwi-ht Nadeau of R%ETA., Inc., representing Silver Lakes Property Owners Association of Collier County, Inc., petitioned the Board of Collier County Commissioners of Collier County, Florida, to ennead Ordi:.:ance 05 -14, the Silver Lakes 'Mixed Use Plaim(A unit Development. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO THE COVER PAGE OF ORDINANCE NO. 05- 14, SILVER LAKES A MIXED USE PLANNED UNIT DEVELOPMENT. The Cover Page of the Mixed Use Planned Unit Development previously attached as r- xhibit "A" to Ordinance 05 -14, the Silver bakes MPUD, is hereby amended to read as follows: g -- n t a ie rn N'o, Fa,me- I 14 f 15 1 SILVER LAKES U MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: CONQUEST DEVELOPMENT USA, &G. SILVER LAKES PROPERTY OVviNrERS ASSOCIATION OF COLLIER COUNTY, INC. 1001 SILVER LAKES BLVD. NAPLES, FLORIDA 34114 PREPARED BY: (RWA logo) RWA, INC. 3050 -NORq44 HORSESHOE D14dV-E 6610 WILLOW PARK DRIVE SUITE 299 270 NAPLES, FLORIDA 34104 34109 DATE FILED. 10/29/03 DATE REVIEWED BY CCPC 1/20/05 DATE APPROVED BY BCC 3/22/05 ORDINANCE NUMBER 05-14 AMENDED 10/14/08 ORDINANCE NUMBER 08-XX SECTION TWO: AMENDMENT TO SECTION 2.6, ENTITLED GENERAL DESCRIPTION OF DEVELOPMENT. Subsection 2.6 of Section 11 of the Mixed Use Planned Unit Development previously attached as Exhibit "A" to Ordinance 05-14, the Silver Lakes MPUD, is hereby amended to read as follows: Areas designated for park/TTRV land uses on Exhibit "A" are designed to accommodate a full range of recreational type vehicle types= and customary accessory uses, and accessory uses /structures outlined herein. Areas designated for recreational residential land uses on Exhibit "A" are designed to accommodate a specific type of residential dwelling as set forth in Section W of this Document, and accessory uses /structures outlined herein. Approximate acreage of all tracts have been indicated on Exhibit "A" in order to indicate relative size and distribution of the permitted uses. These acreages are based on conceptual designs and shall be considered to be approximate. Actual acreages of all development plan Cp tracts shall be provided at the time of development plan approval in accordance with section 2.5 of this MPUD Document. SECTION THREE: AMENDMENT TO SECTION 3.4(B)(2)(b) ENTITLED ACCESSORY USES Subsection 3.4(B)(2)(b) of Section III of the Mixed Use Planned Unit Development previously attached as Exhibit "A" to Ordinance 05-14, the Silver Lakes MPUD, is hereby amended to read as follows: Roofed, aluminum with screen/glass, and/or vinyl enclosed per-elres stnictures, elevated or at ground level, not to exceed five hundred (500) square feet of additional living area which may be air conditioned. Modular construction of the accessory structure is permitted, and may be constructed by the manufacturer of the park trailer principal structure, and assembled together on the lot within desiarrated Tract A lots. Motor homes intended to be located on lots within the Tract A area shall be permitted to have a similarly modularly constructed accessory structure. The square footage of the accessory structures permitted by this Subsection 3.4.B.2)(b) shall not exceed the square footage of the associated nrincinal than. park model str2ictuxe e:�cel�t for recreational vehicles other lNo. 17 3 14 201,A, 6 of trailers (i.e., over the road recreational vehicles tyTically not permanently anchored to the ground), where this restriction shall not apply. SECTION FOUR: AMENDMENT TO SECTION 3.5(E) ENTITLED MAXIMUM GROSS FLOOR AREA Subsection 3.5(E) of Section III of the Mixed Use Planned Unit Development previously attached as Exhibit "A" to Ordinance 05 -14, the Silver Lakes MPUD, is hereby amended to read as follows: MAXIMUM GROSS FLOOR AREA OF PRINCIPAL STRUCTURE: Five Hundred (500) square feet, . SECTION FIVE: AMENDMENT TO SECTIONS 4.4(B)(1)(b) and (e) ENTITLED USES PERMITTED Subsections 4.4(B)(1)(b) and (c) of Section N of the Mixed Use Planned Unit Development previously attached as Exhibit "A" to Ordinance 05 -14, the Silver Lakes MPUD, is hereby amended to read as follows: (b) Roofed, aluminum with screen/glass, and/or vinyl enclosed par-ehes structures, elevated or at ground level, not to exceed seven hundred (700) square feet of additional living area which may be air conditioned. Modular construction of the accessory structure shall be permitted, an may be constructed by the manufactuxer of the recreational residence principal structure, and assembled together on the lot within designated Tract AR lots. The accessory land uses permitted by this Subsection 4A.B.1)(b) shall not exceed the s uare footage of the associated principal structure. (c) In addition to the foregoing, roofed screened or enclosed xoonis structures, permanently anchored to a lot, or attached, shall be permitted provided such structures are constructed in compliance with all County, State and Federal building standards. 7 f ` .�51 SECTION SIX: AMENDMENT TO SECTION 4.5(E) ENTITLED MAXIMUM GROSS FLOOR AREA Subsection 4.5(E) of Section IV of the Mixed Use Planned Unit Development previously attached as Exhibit "A" to Ordinance 05 -14, the Silver Lakes MPUD, is hereby amended to read as follows: MAX1N4UM GROSS FLOOR AREA OF PRINCIPAL STRUCTURE: Seven Hundred (700) square feet, °lusive ef- and -)er-ehes. SECTION SEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. THIS RESOLUTION ADOPTED after motion, second and super - majority vote favoring same this day of ATTEST: DWIGHT E. FROCK, CLERK , Deputy Clerk ,Approved as to form and legal sufficiency: Steven T. WilIiarns Assistant County Attorney ?00g. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIILMAN r 141 2 D 8 p a e i51 SILVER LAKES 0 MIXED USE PLANNED UNIT DEVELOPMENT PREPARED FOR: G-GaNQUEST DENT-iLOPMENT UgA, L.G. SILVER LAKES PROPERTY OWNERS ASSOCIATION OF COLLIER COUNTY. INC. 1001 SILVER LAKES BLVD. NAPLES, FLORIDA 34114 PREPARED BY: ANC. CONSUI'TT: NG -m- 'IL T T -L —u- RWA, INC. 6610 WILLOW PARK DRIVE SUITE 420-2'010 NAPLES, FLORIDA -3-1404-34109 DATE FILED 10/291/03 DATE REVIENAIED BY CCPQ 1/20/05 DATE APPROVED BY BCC 3/22/05 ORDINANCE NUMBER 05-14 AMENDED 10/1.4/08 Exhibit A ORDINANCE NUMBER 08 -X- Text stnae.-k-41ifeugh is to be deleted. Underlined text is to be added. `FABLE OF CONTENTS e : ` a y PAGE LIST OF EXHIBITS I STATEMENT OF COMPLIANCE II SECTION I PROPERTY OWNERSHIP & DESCRIPTION I -1 SECTION II PROJECT DEVELOPMENT 2 -I SECTION III LOW DENSITY PARK/TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 7 -I SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4 -1 SECI10N V COMMONS / RLC PEAL ION AREA 5, -I SECTION VI CONSERVATION AREA 5 -1 SECTION "v'II BUFFER AREA 7 -1 SECTION VIII DEVELOPIVIE- NT COMMIT -MENTS 8 -1 Test srF clti 133 � is to he deleted. jlnderlined text is to be added. d a e r, "k). i 7B 14 20,03 Fag 01 'D 51 LIST OF EXHIBITS EXHIBIT A Mixed Use Planned Unit Development Master Plan Text stvaelyc: ihi--eu i is to be deleted. Underlined text is to be added. 14. 2, STATEMENT OF COMPLIANT CE The development of approximately 146 acres of property in Collier County, Florida as a Mixed Use Planned Unit Development (MPUD) to be known as Silver Lakes will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The recreational residential and recreational facilities of the Silver Lakes MPUD will be consistent Mth the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The subject property is within the Urban Coast Fringe Subdistrict 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;). ?) The proposed gross density of the Silver Lakes development; being 3.83 lots per acre is derived from the Density Rating System of the FLUE from Collier Count's GMP. Therefore, the gross density of the Silver Lakes development is consistent with Collier CountVs GMP. 3) The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4) Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5) The project developincnt will result in an efficient and economical extension of co,nir_unhy fiaciiities and services as required in Policy 5.3 of the FLUE. 6) The project development is planned to incorporate natural systems for water naanacement in accordance with their natural functions and capabilities as may be required in regulations required by Objective 1.5 of the Drainage Sub - element of the Public i�acilities Element. 7) The protect shall comply with the provisions of Sections 6.02 and 10.02.07 of the LDC, and therefore, it will implement, and further Objective 2 of the future Land Use Element. I1 Text str -ue', 43 ±e.,gr, is to be deleted. Underlined text is to be added. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE: � a I m Na. 17B a �+ ^ - r 2of'51 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 Silver Lakes MPUD. 1.2 LEGAL DESCRIPTION: The subject property being approximately 146 acres, is described as the South I/,- of the Southeast k/4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the South %2 of the Southwest. 1/4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the North 220.00 feet of the North % of the North 1/i of Section 15, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida. 1.3 PROPERTY OWNERSHIP: The subject property is currently under the ownership of the individual lot owners, Conquest Development USA, L.C. and the Silver Lakes Property Owners Association of Collier County, Inc. 1.4 SHORT TITLE This Ordinance shall be Icno�si and cited as the "Silver Lakes Mixed Use Planned Unit Development Ordinance" 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: A. The project site is located in Sections 1.0 and 15, Township 51 South, Range 26 East. Fuxthennore, the subject property is located on the east side of State Road 951, approximately 1 ;/; miles south of East Tamiami Trail (U.S. 41). B. The zoning classification of the subject property prior to the date of this approved .MPUD Ordinance vas PUD. 1.6 PHYSICAL DESCRIPTION: The project site is on the east side of Collier Blvd. (S.R.-951) in the Rookery Bay Watershed. The subject property receives little or no run -off from adjacent properties due to the existing farm outfall swales on adjacent properties, and the Collier Blvd. (S.R. -- 951) drainage system. Traversing tlu•ough the site is an FP1, easement, which isolates the property into tyro portior_s. Existing ground elevations range from x-3.4 to +4.2 N.G. -'.D., with the higher elevations in the northeast corner causing a southwesterly flow of on -site run -off. 1 -1 Text stfuek tlr-au is to be deleted. Underlined text is to be added. ,- of Water management for the proposed project will be accomplished by two interconnected on -site lakes. Runoff will be directed to the lakes through a series of grass swales and culvert systems. Project discharge is into the adjacent Collier Blvd. {S.R.951) roadside outfall canal that runs along the westerly property boundary and flows toward Rookery Bay. The water management system will provide a balance between the needs of the residents of the project and the requirernents of the natural hydraulic systems of the area. The soils found within the project boundaries include predominantly equal portions of Arzell fine sand and Charlotte fine sand and minor areas of Iinmokalee fine sand in the northwest, southwest, and southeast corners of the property. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March, 19 -54. 1.7 PROJECT DESCRIPTION The Silver Lakes MPUD shall be a mixed -use development incorporating park / travel trailer recreational vehicle (parklTTRti') development with recreational residential development. also, the project will offer diverse recreational amenity opportunities. The amenities proposed to be provided in the project include; but are not limited to, a 9 -hale golf course, typical accessory uses, structures designed to provide social and recreational space, laltes, natural and landscaped open spaces, and a wide variety of outdoor recreational opportunities. Each lot will be served with publicly provided utilities including potable '�vater and electricity. Collier County provides sewer service via its central system. I -? Text ,t c' -hi-E)Heh is to be deleted. Underlined text. is to be added. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE: i 'E 124 of '51 The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Silver Lakes MPUD. 2.2 GENERAL: A. Regulations for development of the Silver Lakes MPUD shall be in accordance with the contents of this Document, MPUD - Mixed -Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building permit application. B. Unless otherlvise 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 SDP approval or plat approval, where applicable. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Silver Lakes MPUD shall become part of the regulations which govern the marurer in which the MPUD site may be developed. 2.3 PROJECT PLAN AND LAND USE TRAC"T"S: A. The MPUD Master Plan, including layout of streets and general depiction of land uses, is illustrated graphically by Exhibit "A ", N4PUD Master Development Plan. There shall be land use tracts, plus necessary water n ianagem.ent lakes, street. rights -of -way, the general configuration of which is also illustrated by Exhibit TYPE IfNI T1;1 A('RF.AGP +/- TRACT "A" Parlci'T.T.R.V._ 400 —24-- � TRACT "AP." RECREATIONAL RESIDENCE 160 15 TRACT "CR" COMMONS.%RECREATION 0 79 TRACT "CO" CONSER.V ATION 0 25 TRACT "B" — BUFFER 0 3 Total 560 146 2 -1 Text stmgli is to be deleted. Underlined text is to be added. B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts thereof may be constructed as shallow, intennittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A ". C. In addition to the various areas and specific items shown. on Exhibit "A ", such easements as necessary (utility, private, semi - public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 400 park/TTRV lots and 160 recreational residential lots shall be constructed in the total project area. The gross project area is approximately 146 acres. The gross project density will be a maximum of 3.84 lots per acre for 560 total Iots. 2.5 PROJECT PLAN APPROVAL REQUIREiv1ENTS: The project shall be platted in accordance with Section 10.02. of the LDC to define the rights -of -way and tracts shown on the Master Plan, unless ownership is to remain with one entity (no fee simple selling of lots or tracts), and a SDP is'submitted for approval for the entire area encompassed by the MPUD Master Plan. A. If a plat is to be recorded on this project, the following shall occur prior to development of any individual parcel, tract or lot: 1) Construction plans and plats over the entire MPUD shall be submitted and approved in accordance with the LDC. `} Construction plans and plats for either the entire MPL D or that portion proposed .Cor initial construction shall be submitted and approved. B. Further development of any platted tract or parcel shall be subject to file foilo•'ving: 1) The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided in said Section prior to the issuance of a building permit oi- other development order. Text 7va&k --i- ugh is to be deleted. Underlined text is to be added. 2) The developer of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of a final subdivision plat, for that tract in conformance with the requirements established in Section 10.02.04 of the LDC. Construction plans and a final plat shall subsequently be submitted and approved. Additional lakes (i.e.: golf course lakes), and facilities characteristically incidental to such a development are excluded from this provision but remain subject to the requirements of Section 3.05.10 of the LDC. Construction plans and a plat shall subsequently be submitted and approved. 2.6 GENERAL DESCRIPTION OF DEVELOPMENT: Areas designated for park/TTRV land uses on Exhibit "A" are designed to accommodate a full range of recreational vehicle types, aii4 customary accessory uses, and accessory uses /structures outlined herein. Areas designated for recreational residential land uses on Exhibit "A" are designed to accommodate a specific type of residential dwelling as set forth in Section N of this Document_ and accessory uses /structures outlined herein. Approximate acreages of all tracts have been indicated on Exhibit "A" in order to indicate relative size and distribution of the pennitted uses. These acreages are based on conceptual designs and shall be considered to be approximate. Actual acreages of all development plan tracts shall be provided at the time of development plan approval in accordance with Section 2.5 of this MPUD Document. 2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES: Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvennents shall be in compliance with the Collier County LDC. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with the applicable regulations in effect at the time approvals are requested. A property o xiiers' organization shall be created and shall be assigned responsibility for operation, Maintenance and management of all commonly owned lands, facilities and waters talithin the project. 2,8 PARK TRAILER & RECREATIONAL RESIDENCE MODELS: Park trailer and recreational residential models, not to exceed four, (i.e. 1 "Sales Center" and 3 "Dry Models ") shall be pennitted in conjunction with the promotion of the development. Text str- ,•k di:.,.0 is to be deleted_ underlined text is to be added. No more than three "dry models" may be constructed prior to recording a plat for the project if applied for by the owner. Site(s) for the models) shall conform to zoning standards and shall be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model from the model serving as a "sales center ", or an approved independent "sales center ". Access shall be for pedestrian traffic only, no paged road shall be allowed. A "sales center" may be constructed prior to recording of a plat. The "sales center" shall be Iirnited to one structure (one building pen-nit). It may be serviced by a temporary utility system (i.e. dry well and septic tank/drain field) prior to availability of central utility systems, at which time connection to the central system shall be made. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent , "-ater system is available to serve the center. Review and approval of the "sales center" shall follow the requirements of the SDP process. A metes and bounds legal description shall be provided as part of the application. Access to the "sales center" shall be provided by a paved road or temporary driveway which meets County standards. A water management plan shall be provided which accommodates the run -off from the "sales center ", the required parking and access road / driveway and any other impervious surfaces. ""he system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for the "sales center ", a temporary use permit ,hail be obtained. "Sales centers" may not be occupied until a certificate of occupancy (CO) is issued. Models shall obtain a conditional CO for model purpose only. J��lodels shall not be occupied until a permanent CO is issued. 2-4 Text -Ai-i4ek tl �-h is to be deleted. Underlined text is to be added. t,J. i C,:a 'a r 14. 2C z =roe `, of .j ,? SECTION III LOW DENSITY PARK / TRAVEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract A, park/TTRV. 3.2 DEFINITIONS: (taken from the 2003 Florida Statutes, Chapter 320.01, Definitions, General. ) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. B. Park Trailer: A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A -1 19.5 standards, and 500 square feet «hen constructed to United States Department: of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the bode (at the opposite end of the body), including any protrusions. C. Travel Trailer (includes fifth -wheel travel trailer): A vehicular portable unit, mounted on wheels, of such a size and:`or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to ng temporary living quarters for recreational, camping, or travel use. It has a body �� ,,idth of no more than 8 �/ feet and an overall body length of rro more than 45 feet when factory- equipped for the road. 3 -1 Text stru t h is to be deleted. Underlined text is to be added. -"rt': "� In D. Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial side-walls which fold for towing by another vehicle mid unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. E. Truck Camper: A truck which is equipped with a portable unit which is designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quafers for recreational, camping, or travel use. F. Motor Home: A vehicular unit which is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 3.3 MAXIMUM DWELLING UNITS: The maximum number of park /TTRV lots allowed �Nithin the MPiJD shall be as follows: Tract A = 4 00 Total = 400 3,4 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used; in whole or Part. yr other than the folk: wing: A. Principal Uses: 1) Park trailers: One (I) per lot. 2) Travel trailers (including fifth -wheel trailers): One. (1) per lot. 3:) Camping traders: One (1) per lot. 4) `hnicl: can.pers: One (1) per lot. �) ivlotor homes: One (1) per lot. Text stfaek t:b is to be deleted. underlined teat is to be added. r-�,g: rid I' m r,ro. R 3 Oct: "_:r '4. 2; 03 Pa ^ge is 0 of �) I 6) Any other recreational unit not specifically mentioned above, that is designed to provide temporary or seasonal living quarters for recreational, camping, or travel use: One (1) per lot. B. Accessory Uses: I ) One (1) caretakefS residence in conjunction with the operation of the park- The residence may be a single family residence subject to the development standards of the RSF -5 Zoning District, as contained in the Collier Comity LDC in effect at the time construction permits are requested. Furthermore, any three (3) park./TTRV lots may be combined to satisfy this provision without being subject to Subsection 2.5.B.2 of this Document. 2) Accessory uses and structures customarily associated with park/TTRV recreational vehicle lots, including: (a) Utility sheds, attached or detached, not to exceed sixty (60) square feet. (b) Roofed, aluminum with screen/glass, and/or vinyl enclosed pees structures, elevated or at ground level, not to exceed five hundred (500) square feet of additional livinu area which may be air conditioned. Modular construction of the accessory structure is permitted, and nay be constructed by the manufacturer of the park trailer principal structure, and assembled together on the lot within designated Tract A lots. Motor homes intended to be located on lots within the Tract A area shall be pennit:ted to have a similarly t-,)odularly constructed accessory structure. Tlie ware footage of the accessory structures permitted by this Subsection 3.4.13.2)(b) shall not exceed the square footage of the associated principal structure. except for recreational vehicles other than, park model trailers ("i.e.. over the -road recreational vehicles typically not pennanently anchored to the Lround). where this restriction shall not apply. (c) In addition to the foregoing, roofed, screened or enclosed structures, permanently anchored to a lot, or attached, provided such structures are constructed in compliance with all County, State and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPUD Document shal l continue to exist. Expansion of such additions shall only be pursued in strict compliance «ith the applicable development standards. Text stpaek tIffeuEh is to be deleted. Underlined text is to be added. _ r a 4e o . 1 (e) One carport per lot. Utility and drainage facilities. 4) Golf cart paths. 3.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks sball be in relation to the individual parcel (lot) boundaries. B. MINIMUM LOT AREA: 2,3)50 square feet. C. MINIMUM LOT WIDTH: I ) Corner Lots: Forty -five (45) feet. 2) Interior Lots: Thirty -five (35) feet. D. MINIMUM YARDS: I) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear i a 'i il:'_ Ili t (o) seEt. E. NIA.XIMUM GROSS FLOOR AREA OF PRINCIPAL STRUCTURE: Five Hundred (500) square feet, exelu iv e of a, ks and per-'-- e-S. F. NIAXINiUM HEIGHT: 1 t Principal Structure: i teen'15) feet. 2) Accessory Structure: Fifteen 0'5) feet. G. 1\1INIIv1UM PR SERN E SETBACK: I) Principal Structure: Trventy -four (214) feet. Deviation from LDC Section 3.05.07 where a principal structUre is required to be set back from a preserve twenty -five (25) feet. 2 } Accessory Structure: Ten 10 feet. Text stf :Liek is to be deleted. Underlined text is to be added. uno ^,2;i 1"I 3.6 PERMANENT LOCATION OF PARK / TTRV UNITS: Park / travel trailer recreational vehicles may be permanently located on a lot; however, no permanent residency is allowed. A covenant running with the land. shall be recorded in Public Records of Collier County restating the MPUD restriction on permanent residency. Compliance with this provision shall be insured by utilizing the following enforcement measures: A. Lots Rented: For those park/TTRV lots that are rented, the park manager shall maintain a register of tenants or occupants of the park, noting the duration of the rental arrangement. This register shall track the occupancy of the rental lots, and shall be provided to persons employed by Collier County, in an official capacity, upon their request. Failure to provide said register, duly describing the persons who have occupied a park/TTRV lot, and their occupancy shall be subject to the penalties prescribed by applicable Collier County Codes. B. Lots Sold: For those park/TTRV lots that are sold, the developer / ow-ner of the lots shall include in the sales contract a notice that current zoning regulations prohibit the use of the lot for permanent occupancy. The new lot owner shall be responsible for registering his or her arrival and departure from their unit with the manager of the park. Failure to register will hold the new lot owner responsible for any penalties imposed by Collier County. 3.7 PERMANENCY CONTINGENCY: If after the approval of this MPUD, Collier County adopts a policy or ordinance to allow permanent occupancy of recreational vehicles in TTRVC or similar zoning districts, Section 3.6 of this MPUD Document shall become null and void. 3.8 FLOOD PLAIN ELEVATIONS: All park / travel trailer recreational vehicles and accessory structures shall meet flood plain elevations if permanently attacbed to the ground or utility facilities. 3.9 ANCHORING SEINER, WATER AND ELECTRICAL CONNECTIONS: All travel trailer units that require a special license and, /or permit to be transported on Florida state highways, when positioned on a lot in this MPUD, shall be wichored ill accordance with the standards set forth in the Building Code adopted by Collier County. These units shall be connected to the public water and server system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. 3 -5 Text sc -lam tich is to be deleted. Underlined text is to be added. L SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4.1 PURPOSE: The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract AR, Recreational Residence. 4.2 DEFINITIONS: A recreational residence is a transportable unit which has a body width not exceeding 14 feet, and which is built on an integral chassis, and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air - conditioning, and electrical systems contained therein. All recreational residences located in the development shall have water closets designed to have a maximum water flushing capacity of 1.5 gallons. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud Nx alls at the level of maximum dimensions including expandable rooms, but not including any bay window, shall not exceed 700 square feet. The total length of a. recreational residence is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism, to the exterior of the wall at the opposite end of the unit, «here such walls enclose living or other interior space. Such distance includes expandable rooms, but excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments that do not enclose interior space. The total length of a recreational residence shall not exceed 50 feet. All recreational residences shall be constructed to United States Department. of Housing and Urban Development Standards. 4.3 JOAXIMUM DWELLING UNITS: The maximum number of recreational residential lots allowed "vi-thin the MPUD shall be as follows: Tract AR = 160 Total = 160 4 -1 Text si ."„ k tki, a :a is to be deleted. Underlined text is to be added. :icin ite i N o. {l� 31ct�Ijber 14 . i3 %3 Pa -j e 1 .x.,4. :JI f 151 4.4 USES PERM=ED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Recreational Residences: One (1) per lot; 2) All land uses permitted in Section 3A.A. of this Document. B. Accessory Uses: 1) Accessory uses and structures customarily associated with residential lots, including: (a) Utility sheds, attached or detached, not to exceed sixty (60) square feet. (b) Roofed, aluminum with screen/ glass, and/or vinyl enclosed 1e e-s structures, elevated or at ground level, not to exceed seven hundred (700) square feet of additional living area, which may be air conditioned. Modular construction of the accessory structure shall be permitted, and may be constructed by the manufacturer of the recreational residence principal structure, and assembled together on the lot within designated Tract AR lots. The accessory land uses permitted by this Subsection 4.4.13.1)(b) shall not exceed the square footage of the associated principal structure. (c) In addition to the foregoing, roofed, ,screened or enclosed Poems structures, permanently anchored to a lot, or attached, shall be permitted provided such structures are constructed in compliance with all County, State and Federal building standards. (d) Structural additions, for which a building permit was issued, in existence as of the date of adoption of this MPUD Document may continue to exist. Expansion of such additions shall only be pursued in strict compliance with the applicable development standards. (e) One carport per lot. 2) Utility and drainage facilities. 3) Golf cart paths. 4 -2 Text strut 44afeugh is to be deleted. Underlined text is to be added. 4.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards and setbacks shall be in relation to the individual parcel (Iot) boundaries. B. MINIMUM LOT AREA: 3,800 square feet. C. MINIMUM LOT WIDTH: 1) Corner Lots: Fifty -five (55) feet. 2) Interior Lots: Forty -five (45) feet. D. MINIMUM YARDS: 1) Front Yard: Ten (10) feet. ') Side Yard: Five (5) feet. 3) Rear Yard: Eight (8) feet. E. MAXIMUM GROSS FLOOR AREA OF PRINCIPAL STRUCTURE: Seven Hundred (700) square feet, ofcltes. F. :vi__IN W U12V 11 1 In`I: 1) Principal Structure: Fifteen (I5) feet. 2) Accessory Structure: Fifteen (15) fect. G. MINIMUM PRESER'\, "E SETBACK: 1) Principal ,Structure: Twenty -four (24) feet. Deviation from LDC Sectioli ;.05.0' ", -here a principal structure is required to be sett bade from a preserve twenty -five (25) feet. 2) Accessory Structure: Ten 10 Feet. 4.6 ANCHORING / SEVER 'WATER AND ELECTRICAL CONNECTIONS: All recreational residential units, \When positioned on a lot in this MPUD, shall be anchored in accordance wifll the standards set forth in the Building Code adopted by Collier County for mobile homes, and be connected to the public water and Sewer system. AdditioIlally, such flints shall obtain eleetrica,l seri'ICe directly Irom the electric utility authorized to provide such service in Collier County. 4 -3 Text sty =taek eu is to be deleted. Underlined text is to be added. SECTION V COMMONS / RECREATION AREA 5.1 PURPOSE ID .o b— "4, 201.,8 Pa oe 136 of 15 The purpose of thus Section is to set forth the development plan and development standards for the areas designated as Tract CR, Commons / Recreation. Area on Exhibit "A ". The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open areas, hurricane evacuation shelter facilities for recreational uses, and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 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: A. Principal Uses: 1) Utility, water management and right -of -way easements. 2) Golf courses for use by the residents of the development and golf cart paths. 3) Structures which house social, administrative, or recreational facilities. 4) Hurricane evacuation facilities for recreational residential land uses. 5) Lakes. 6) Signage for project identification or advertising. 7) Pedestrian and bicycle paths or other similar facilities constructed for pusl)oses of access to, or passage through the commons areas. S) Small docks, piers or other such facilities constructed for purposes of lake recreation, or mooring, or use of non - internal combustion lake recreation apparatus used by residents of the project. 9) Shuffleboard courts, tennis courts, swinun.ing pools, and other types of facilities intended for outdoor recreation. Text 4fu,4 ifi g is to be deleted. Underlijled text is to be added. B. Accessory Uses: 1) Clubhouse, pro -shop, practice driving range and other customary accessory uses of golf courses. 2) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage (including R.V. storage), recreation or shelter Frith appropriate screening and landscaping. 3) Upon completion of the development of this project, convenience establishments of a conunercial nature including stores, laundry and dry cleaning agencies, beauty shops and barber shops shall be permitted subject to the following restrictions: Such establishments and the parking area primarily related to their operations shall not occupy more than five (5 %) percent of the project; shall be subordinate to the use and character of the project; shall be located in the area of the northernmost and, or westernmost recreation facilities as may be depicted on the MPUD Master Plan. Said accessory commercial uses shall serve the exclusive trade of the service needs of the persons residing in the project; and shall present no visible evidence of their commercial character froze any portion of az,y public street or way outside the project. 4) Solid waste refuse facilities (Le.: dunlpster, compactor, etc.) 5.3 DEVELOPMENT REGULATIONS: A. Overall site design shall be hannonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of screened areas. B. All buildings shall be set back a minimurn of fifteen (I5) feet from all parcel boundaries and the right- of -Nvay tract, C. Buildings shall be set back a minimum of thirty -five (35) feet from abutting off- site residentially zoned districts, and a nziniznum fifteen (15) foot Type `B' perimeter landscape buffer shall be provided. D. Lighting facilities shah be arranged in a manner which will protect roadways and neighboring properties from direct glare, or other interference. ti_2 Teat Ar-uc4l -- thr -&ug3 is to be deleted. Underlined text is to be added. vtlda ert'c No. i B 1Ci ar '`4. KO'`3 E. Preserve Setbacks: 1) Principal Structure: 'Twenty -four (24) feet. Deviation from LDC Subsection 3.05.07 where a principal structure is required to be set back from a preserve twenty -five (2 5) feet. 2) Accessory Structure: Ten 10 feet. F. A SDP in compliance with these Development Regulations shall be required in accordance with Section 2.5 of this MPUD Document. G. Maximum Height: 1) Principal Structure: Thirty -five (35) feet. 2) Accessory Structure: Fifteen (15) feet. H. Minimum Off- Street Parking and Loading: I) Private Golf Course: Two (2) spaces per hole plus one (1) space per 300 square feet for office / lobby / pro shop / health club / clubhouse / Lounge / snack bar / dining / meeting room areas and 50% of normal requirements for exterior recreation uses not accessory to the golf course use including: swimming pools and tennis courts. No additional parking spaces shall be required for the golf course. Golf cart, golf bag, and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed at one (1) space per 1,000 square. feet. 2) Recreation (non —golf course) / Administrative Areas: One (1) space per tennis court; one (1) space per 150 square feet of water area for the first 1,000 square feet, and one (1) space per additional 250 square feet of water area for swimming pools; spas and hot tubs. One (1) space per additional 250 square feet of gross fl.00r area for other (enclosed) recreational / administrative facilities. 3) Convenience Commercial Areas: One (1) space for each 250 square feet �{ of gross floor area for all uses set forth in Subsection 5.2.B.3, of this Document. 4) Loading* Areas: As required by the LDC in effect at the time of final site development plan approval. 1. Landscaping: The landscaping requirements shall conform to the County LDC in effect at the time of final site development plan ! construction plan approval. -_ 5 -3 Text struek t1u$u h is to be deleted. Underlined text is to be added. n � r- .. ..; J 5.4 HURRICANE SHELTERS: The clubhouse called the Silver Lakes Clubhouse was constructed to specifications in place at the time of building permit application. However, since that time period it has been determined that hurricane shelters shall not be provided within the Coastal HiL-h Hazard Area. Therefore, the Clubhouse shall not be deemed a hurricane shelter. 5_4 Text sti -u k th -.,ugh is to be deleted. Underlined text is to be added. SECTION V1 CONSERVATION AREA 6.1 PURPOSE: g I ---'J o) 51 The purpose of this Section is to set forth the development plan for the areas designated as Tract CO, Conservation Area on Exhibit "A ". The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. 6.2 USES PERMITTED: No structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the follmking: A. Principal Uses: 1) Open spaces / nature preserves. 2) Boardwalks or pervious paths constructed for the enjoyment of the conservation area by the residents of the project. 6 -1 Text °t-ue'eu is to be deleted. Underlined text is to be added.. ac u�, SECTION VII BUFFER AREA 7.1 PURPOSE: '41 of , The purpose of this Section is to set forth the development plan for the areas designated as Tract B, Buffer Area on Exhibit "A ". Tract "B ", Buffer Area, is subject to an easement intended to protect residential land uses from more intensive residential land use, possible impacts from adjacent roadways and / or nonresidential land uses. Although no structures other than those set forth in this Section may be located -vvithin buffer easements, buffer easements shall be included in yard requirements set forth elsewhere in this Document. 7.2 USES PERMITTED: A. Principal Uses: 1 } Landscaped buffer in accordance with the LDC in effect at the time of final site development plan approval. Existing native plant types may be substituted for those plant types set forth in the LDC subject to Planning Services Staff administrative approval. 2) Berens a. Grassed berms: 4:1 maxiinwn slope. b. Berns planted with ground cover and landscaping: 3 :l maximum slope. ~ ,l Fences / walls: In accordance with the LDC in effect at the time of SDP approval. 4) Sig rage. B. Accessory Uses; 1 1 Utility and drainage facilities. Texts l t��l� is to be deleted. Underlin.d text is to be added. 7.3 DEVELOPMENT REGULATIONS: A. A twenty (20) foot wide right -of -way has been provided and maintained adjacent and parallel to the Collier Boulevard (S. R. 951) rights- of-way. Furthermore, adjacent and to the east of the clear area, a twenty -five (25) foot buffer shall be provided and maintained to effectively screen this project from the roadA,ay. The property ownerg organization shall be responsible for the responsibility of maintaining said clear area and buffer. B. For those areas identified on Exhibit "A" as Tract B, other than those addressed in "Paragraph A" above, shall be maintained with a minimum fifteen (15) foot wide buffer strip. 7 -2 Text struclr#ral is to be deleted. Underlined text is to be added. SECTION VIII DEVELOPMENT COMMITMENTS 8.1 PURPOSE: The purpose of this Section is to set forth the development commitments for the development of the project. 8.2 GENERAL: All facilities shall be constructed in strict accordance with the final SDPs, final plats and all applicable State and local laws, codes and regulations in effect at the time of submission of the petition for final plat or SDP, as the case may be. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall develop the project in accordance with Exhibit "A ", MPUD Master Plan, and the regulations of the MPUD, as adopted, and any other conditions or modifications as m iv be agreed to in the rezoning of the. property. In addition, the developer; his successor or assigns, in title, are bound by the comritments r� -ithin this Document. 8.3 MPUD MASTER PLAN: A. Exhibit "A ", A%IPUD Master Plan illustrates the proposed development. Minor site alterations may only be administratively handled pursuant to Subsections 10.02.03 an;l i 0.02.047 of the LDC. 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. 8.4 SCHEDULE OF DEVELOPMENT: A. A development plan shall be submitted, `vhere required, for each phase of development identified in this Section. SDP procedures for this MPUD are set forth in Section 2.5 of this Document. 8 -1 Text suck tau is to be deleted. Underlined text is to be added. Crt` a :4 it! N' D. 17B l:, r 14 1 -i-,e 44 r! ',51 The Silver Lakes MPUD is planned to be developed in two phases. The development of Phase I may include the construction of 178 park/TTRV lots and 81 recreation residence lots along with their related infrastructure. The lakes and recreation facilities may also be developed in Phase 1. The plan of development for Phase II will be to construct the remaining lots and related infrastructure, as well as the remaining recreational facilities. The developer reserves the right to develop portions of the described phases, or both phases simultaneously, as market demands change. Commencement of construction of Phase II will occur no later than three (3 )) years after Phase I is completed. 8.5 TRANSPORTATION AND ENGINEERING: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Winimuin Standards (MUMS), current edition, FDOT Design Standards, current edition; and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC B. A 20 foot wide strip of land along the entire west property line was dedicated for the widening of Collier Boulevard (S.R. 951). C. A FDOT right -of -way permit shall be pro-6ded before construction plans approval. All work within Collier County rights- of -wav or public easements shall require a right-of-way permit. D. A letter of no- objection from Florida Power and Light allowing encroachment into the Florida Power and Light easement shall be provided before construction plans approval. E. The developer provided a southbound left turn lane on Collier Boulevard (S.R. 951) at the project entrance. The length is sufficient to accommodate two of the largest vehicle combinations expected to use it. F. The developer provided a turning radius of not less than 50 feet to serve northbound turning movements. G. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first CO. H. The existing approval of the entrance location shall not imply that a median opening will be permitted upon the four laning of Collier Boulevard (S.R. 951)- 8 -2 Teat t-Riek t4ea is to be deleted. Underlined text is to be added. t 1. Site - related improvements necessar-y for safe ingress and egress to this project, as determined by Collier County, 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. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Subsection 10.02.07 of the LDC, as it may be amended. K. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 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 MPUD 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. L. 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. M. All internal roads, driveways, alleys, pathways, and sidewalks shall be operated and maintained by an entity created by the developer and Collier Country shall have no respor3sibility ['or maintenance of any such facilities. N. If any required turn lane improvement requires the use of existing County rights - of-way or easements, compensating right- of-cvay shall be provided without cost to Collier Counter as a consequence of such improvement. O. I£ 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. 8.6 UTILITIES r�. 1�1 ater distribution, sewage collection and transmission and 'interim water and l or Cewage treatment faCrlrtie.s to serve the project are to lJe designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance Number 04 -31, and other applicable County rules and regulations. n Text 4rueh- tirr-o,., is to be deleted. Underlined text is to be added. Age,—' as 1tEnr No. I ct♦ ,-�t,_ -r 14 ?) i8 B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and / or sewer service to the project, the water and / or sewer customers shall be customers of the interim utility established to serve the project until the County's off -site water and / or sewer facilities are available to serve the project. C. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and / or receive and treat the sewage generated by this project. Should the County system not be in a position to supply the potable grater to the project and / or receive the project's wastewater at the time development commences, the developer, at his expense will install and operate interim water supply and on -site treatment facilities and / or interim on- site sewage treatment and disposal facilities adequate to meet all requirements of all the appropriate regulatory agencies. If an existing private utility will be utilized to provide service to the project, such service shall be regarded as interim, with the project connecting to County owned facilities when they become available. An agreement shall be entered into between the County, the interim utility provider and the developer, binding on the interim provider and the developer, his assigns or successors regarding any interim treatment facilities to be utilized. The ry- agreement shall be determined to be legally sufficient by the County prior to the approval of construction doctunents for the project, and shall be in conformance with the requirements of Collier County Ordinance No. 04 -31. D. The existing off-site water facilities of The District shall be evaluated for hydraulic capacity to serve this project and reinforced as required; if necessary, consistent with the County's Water Master Ilan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. E. The on -site water distribution system to serve the project shall be connected to the District's 10 -inch water rain on the east side of SR -951 (Isle of Capri Road) and extended throughout the project. During design of these facilities, the following f,atures shall be incorporated into the distribution system: 1) Dead -end mains shall be eliminated by looping the internal pipeline network on cul -de -sacs, unless otherwise approved by the Collier County Utilities Division, 2} Stubs for fixture system interconnection with adjacent properties sha1.1 be provided to the cast, south and the west property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. b -4 Text fslR+ k tlu--ough is to be deleted. Underlined text is to be added. i E dQ. F. The utility construction documents for the project's sewerage. system shall be prepared to contain the design and construction of the on -site force main which will ultimately connect the project to the future central sewerage facilities of the District in the SR 951 right -of way. The force main shall be extended from the main on -site pump station to the east right -of -way. The force main shall be extended from the main on -site pump station to the east right -of -way line of Collier Boulevard (S.R.951) and capped and valved for future disconnection from the proposed interim utility system to serve the project. The configuration will permit the simple redirection of the project's sewerage when corunection to the County's central sewer facilities becomes available. G. OTHER UTILITIES Telephone, power, and TV cable service shall be made available to all park/TTRV and residential areas. All such utility lines shall be installed underground. 8.7 WATER MANAGEMENT: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering and Envirorunental Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Department of the Community Development and Environmental Services Division. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. C, An excavation permit will be required for the proposed lakes in accordance with Section 22 of the Collier County Code of La«vs and Ordinances (COde} and SF'VV-1\41) Rules. D. Fill material from the lake is planned to be utilized within the project. However, excess fill material, up to 10°o of the total or a maxill),um of 20,000 cubic yards, may be removed and utilized off -site subject. to the rerlrrirc_mcnts of the Cod.. Removal of material in excess of 10�% of the total, or a maximum of 20,000 cubic yards shall meet the requirements of a commercial excavation pursuant to Section ;2 of the Code. E. 4 copy of SFWMD Permit or early work pennit is required prior to construction plan approval. 9 -5 Text st-z:aek +4eti � is to be deleted. Underlined text is to be added. F. A Florida Department of Transportation permit approval to outfall into the Collier Boulevard (S.R. 951) right -of -way shall be submitted before construction plan approval. If the Department of Transportation requirements for water management significantly alter the master plan submitted for approval, the developer shall consult with the Plaiuung Services Department which shall coordinate the Engineering Department of the Community Development and Environmental Services Division to affirm that the project design is consistent with the approved master plan. G. The off -site drainage shall be routed through the project in an interceptor swale that discharges to the Collier Boulevard (S.R. 95 1) canal or to an existing ditch located on the easterly, adjacent property at the property boundaries. The off-site drainage shall not be incorporated in the on -site water management system. H. At the time of construction plan review, the developer shall provide an analysis of the capacity of the proposed off site runoff interceptor swale. I. The proposed off -site runoff interceptor swale shall be platted and dedicated as a drainage easement. All proposed easements for Collier County storm water facilities shall be maintained free of landscaping, benrns, or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 8.8 ENVIRONMENTAL A. This MPUD shall be consistent with the Environmental Sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. B. This MPUD shall comply with the guidelines and recommendations of the USFWS and FFWC:C for impacts to protected species. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final SDP/ construction plan approval. C. Except where provided for elsewhere in this Document, all new principal structures erected or placed pursuant to permits applied for after the effective date of this MPUD shall have a minimum setback of 25 feet from the boundary of an), preserve. Accessory structures and all other site alterations shall have a minimuni 10 -foot setback. 8 -6 Text is to be deleted.. Underlined text is to be added. D. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas by the developer and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. E. A preserve area management plan shall be provided to Environmental Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All required approved agency (S W14D, ACCE, FFWCC) permits shall be submitted prior to final SDI'/ construction plan approval. G. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and shall be protected by a permanent conservation easement to prohibit further development. H. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Environmental Services Department Staff by the developer for review and approval prior to final SDP /construction plan approval. A schedule for removal of exotics within all preservation areas shall be submitted by the developer with the above - mentioned plan. 8.9 PLA-NNING CONIMITNIENTS: A. Improvements within Unit 3013, s described in the Deltona Settlement Agreement, on the site shall meet the requirements of the Deltona Settlement Agreement at the time of permit submission.. B. Although constriction plans / plat(s) nlay be approved, the Silver Lakes development may not proceed with infrastructure i.mprovennents prior to May 1, 1992. SDP approval and the resulting construction of a "Sales Center" and associated "Dry Models" a-i —, exempt from this provision, C. If during the course of site, clearinM,, excavation, or other constructional activities, an archaeological or historical site, aiiifact, or other indicator is discovered, the applicable provisions of the Collier County LDC shall be followed. R_; Text is to be deleted. Underlined text is to be added. D. The following tracts and parcels will be conveyed to the Silver Lakes Property Owners Association, Inc., by the delivery of executed deed(s), within sixty (60) calendar days after the adoption of this PUD.: 1. Tract CR2 of Silver Lakes, Phase Two -B according to the plat thereof recorded in Plat Book 25, pages 69 and 70 of the Public Records of Collier County, Florida; 2. Except for the Southwest 300± foot, fenced parcel, lying south of the FP &L Easement, Tract CR5 of Silver Lakes, Phase Two -C according to the plat thereof recorded in Plat Book 27, Pages 74 and 75 of the Public Records of Collier County, Florida. Said excepted parcel may be used for a temporary construction staging area, including storage of construction equipment and materials, for a period not to exceed three (3) years from March 8, 2005. On, or before March 8, 2008, all construction equipment and materials shall be removed from said excepted parcel, and that parcel deeded to the Silver Lakes Property O -wners Association, Inc.; 3. Tract B2 of Silver Lakes, Phase 'Two -E according to the plat thereof recorded in Plat Book 31, pages 45 through 47 of the Public Records of Collier County, Florida.; 4, Tract CO2 of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida_; 5. Tract CR6 of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.; 6. Tract CR 10 of Silver Lakes, Phase TNvo -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.; 7. Tract CRI 1 of Silver Lakes, Phase Two -F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 of the Public Records of Collier County, Florida.E. The real property described in that certain Conservation Easement recorded in Official Records Book 3242. Pages 0981 through 0987 of the Public Records of Collier County, Florida shall be conveyed to the Silver Lakes Property Owners Association, Inc. by the delivery of executed deed(s), on or before March 8, 2009, Rim 8.10 SIGNS: Text st=-uelE t4eug r is to be deleted. Underlined text is to be added. 1 - 0; 1 All signage shall be in accordance Section 5.06.00 of the LDC, with the following exceptions; A. Two (2) project identification signs may be affixed to a proposed wall adjacent and along the Collier Blvd. (S.R. 951) frontage, and may protrude above said wall to the extent of not more than three (3) feet, subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain promotional or sales material; 2) Any project identification sign(s) shall not exceed sixty (60) square feet. B. One (1) ground or wall sign inay be located along the Collier Boulevard (S.R. 95 1) frontage for the purpose of promoting the development. Such a promotional sign shall not exceed thirty (30) square feet. 8.11 LANDSCAPING FOR OFF- STREET PARKING AREAS: All landscaping for off - street parking areas shall be in accordance with the Collier County LDC in effect at the time of final site development plan approval. 8.12 POLLING PLACES: Pursuant to the LDC, provision shall be made for the future use of building space within common areas ibr the purposes of accommodating tine function of an electoral polling Place. An aureement shall be 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 comillon areas includin' -, homeowners' associations, or tenants associations. This agreement shall provide for said cornmut -ity recreation i public building / public room or similar common facility to be used for a polling place, if det- -- -mined to be accessary- by the Supervisor of Elections. 8 -9 Text is to be deleted. Underlined text is to be added.