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Ordinance 91-090 ORDINANCE 91-90 AR ORDINANCE AMENDING ORDINANCE NU]~BER 82-2 THE COMPREHENSIVE ZONING REGULATIONS~,~ FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA.BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 1610S AND CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWqJ AS SILVER LAKES PUD FOR A DEVELOPMENT OF RECREATIONAL VEHICLE TRAVEL TRAILERS/PAtaK MODELS AND 'MOBILE HOME UNITS TOGETHER WITH SUPPORTING RE,.C~EATIONAL AMENITIES, FOR PROPERTY LOCATED ON THE EAST SIDE OF S.R. 951, APPROXIMATELY ~{I~EE-QU~TERS (3/4) OF A MILE SOU~ OF MA/~ATEE ROAD, IN SECTIONS 10 AND 15, TOWNSHIP 51 SOUTh{, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 146 ACRES, MORE OR LESS; ~ND.. BY PROVID:£NG AR EFFECTIVE DATE. . WHEREAS, Dwight Nadeau of William C. McAnly& ,:~/' .. Assocl~teI, P.A., representing Misty Harbor, Inc., petitioned the Board of County Commissioners to change the zoning 'classification of the herein described real property; ,THEREFORE BE IT ORDAINED BY THE BOARD OF coUNTy COMMISSION,S OF COLLIER CouNTY, FLORIDA; ,. ,:.~:~ Class~fi~ation of the herein described real ~ocated in Sections 10 and 15, Township 51 South, .~6.Ea~t, Collier County, ~lorida, is changed from "P~D · u document,, attached hereto as Exhibit "A" wh. ich is ..incorporated herein and by reference made part hereof. The 'OffiCial"Zoning Atlas Map(s) Numbered 1610S and 1615N, am described in Ordinance Number 82-2, is hereby amended .. accordtngly~ Ordinance Number 90-40, as amended, known as the Silver ~kes PUD, adopted on M~y 22, 1990 by the Board of .County Commiseloner~ of Collie~.' County is hereby repealed in its entirety. 150 --1-- SE~ION THREE: This Ordinance shall become effective upon receipt of notice from the Secreta~ of State that this Ordinance has been filed with the Secretary of State. PASSED ~D D~Y ADORED by the Board of County Co~issioners of Collier County, Florida, this ~ day of ATT. ES~,: '/?~ BOARD OF COUNTY COMMISSIONERS JAM~..S C. GIL1~,i,, Clerk COLLIER COUNTY, FLORIDA .,- .. PATRICIA ~NE G~DNIGHT, ~I~ ~.:', ' ~. App~gVed a~%}~ fo~ and ~i~~ ,' ';r~ "" · .',~. .",~: .. ~ar~6~le M. ~sistan~ County Atto~ey ~nd ock~w[edgem~f' ~ ' ftli~ received thi~ ~ ~ '~:.,: SILVER L,~ES ..~' PLANNED UNIT DEVELOPHENT . ~'~.'~, .: · . .... P~D FOR: · ......... · , P.O. BOX '.. W~ ~ 04090 .,- WI~I~ C. H~LY & ASSOCIATES P.A. PROFESSION~ ~GINE~S, P~NERS & ~D S~VEYORS 5101 ~ST T~I~I T~IL SUITE 202 ~APLES, F~RIDA 33962 ..... DATE FILED ~/29/91 DATE REVIEWED BY CCPC~ DATE APPROVED BY BCC~ ORDINANCE NUHBER 9~-90 : $~ LYm~O?.I:~OC EXHIBIT 'A# ~" TA~r~E OF CONTENTS PAGE OF EXHIBITS I ~i'i'"~ STATEHENT OF COMPLIANCE II ,~ SECTION I :PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III LOW DF~NSITY PARE/TRAVEL TRAILER .~ R~CREATIONAL VEHICLE DEVELOPMENT 3-1 SECTION IV LOW D~SITY RECREATIONAL . RESIDENTIAL DEVELOPMENT 4-1 ~,. ..:~: SECTION V COHHOliS/RECREATION AREA 5-1 - , .',~.,: .', %~ ,... ...'<,' · :'-.,,-,'?~SECTION VI .,'~. CONSEIIVATION AREA 6-1 · .¥ .... . .~.. ~i~.~- "~' " . ~:' :,SECTION VIII DEVELOPMENT COMMITMENTS 8-1 ! LIST OF EXHIBITS EXHIBIT A Planned Unit Development Master Plan (Prepared by William C. McAnly& Associates EXHIBIT B Plann,d Unit Development Tract Map STATEMENT OF COMPLIANCE The development of approximately 146 acres of property in Collier Cgunty, as a Planned Unit Devolopment to be known as Silver Lakes will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential and recreational facilities of Silver Lakes will'be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The. subject property is within the 'Urban Residential I~nd Use Designation as id~ntified on the Future band Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Uss Element. ~,,i~, 2) The proposed gross density of the Silver Lakes 'aT~,..,. development, being 3.83 lots per acre is derived ',~:~'' -. from the Density Rating System of the Future Land Use Element from Collier Countyts Comprehensive Plan. Therefore, the gross density of the Silver Lakes development is consistent with Collier Countyts Comprehensive Plan.. ,"' '~%.,,,' 3) The project development is compatible and ,, complementary to existing and future surrounding ~' ~ land uses as required in Policy 5.4 of the Future Land Use Element. .. ~ ...... .~ .. .. -::.?. ".'~ 4) Improvements are planned to be in substantial -t-' compliance with applicable forthcoming land dave1- , ' opment regulations as set forth in Objective 3 of ~,,........_.~ the Future Land Use Element. 5) The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 6) The project development is planned to incorporate natural systems for water management ~n accordance with their natural functions and capabilities as may be required in forthcoming regulations re- quired by Objective 1.5 of the Drainage Sub-. Element of the Public Facilities Element. II PROPERTY OWNERSHIP AND DESCRIPTION ~:.~.~. "' The purpose of th.Ls Section i8 to 8et forth the location and ownership, of the property, and to "~' describe the existing conditions of the property :'..U~."." proposed to be de~'eloped under the project name of ~..' '.' ~e ~ubJect propert'~ being approximately 146 acres, ".'.~" d.~o~:lbed as the ~outh 1/2 of the Southeast 1/4 of ~:"". Section 10, To,ship 51 South, Range 26 East, lying East of State Road 951, Collier County,Florida, and the South 1/2 of the Southwest 1/4 of Section 10, To~hip 51 Sou~, ~nge 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. 1.4 SHORT TITLE~ [~L~:~j~/.,t ....... .-'~?Thia Ordinance shall be known and cited as the ~.~;.¥~c:~.;. .... ~ Silver ~kea Planned Unit Development Ordinance." A. The project site is located In Sections : 1~, Township ~1 South, Range 26 East. ~rthemore, the subject property is located ~e e~st side of State Ro~d ~1, 1-1 046.. i65 ~'~ B. The zoning classification of the subject -' property prior to the data of this approved PUD · Document was A-2, Agriculture. 1.6 PHYSICAL DESCRIPTION = ~:" ' The project site is on the east side of S.R.-951 in the Rookery Bay Watershed. The subject property receives little or no runoff from adjacent properties due to the existing farm outfall swales on adjacent properties, and tile S.R.-951 drainage system. Travers- ing through the sits is an FPL Easement which isolates · the property into two portions. Existing ground eleva- tions 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 runoff. Watmr management for the proposed project .w~11 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 S.R.-951 roadside outfall canal that runs along the westerly property boundary, and flows toward Rookez7 Bay. The water management system will provide a balance between the needs of the resi- .. dents of the project and the r~quirements of the natural hydrologic 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, Flori- da, issued by the U.S. Department of Agriculture in - - March, 1954. 1~7 ' PROJ~CT DESCRIPTION: The Silver Lakes PUD shall be a mixed uss development incorporating park/travel trailer recreational Yehicla development, Also, th~ project will offer diverse recreational amenity opportunities. The amenities proposed.to be provided in the project include, but ara not limited to, a 9 hole golf course and 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. Ultimately, Collier County will provide sewer service via their central system when it becomes available. In the interim, sewer service will be provided by the Spade Wastewater ' Treatment Plant located near the subject property. Also, additional services will bo provided as deemed appropriate. 1-2 SECTION II PROJECT DEVELOPKENT P~/RPOSE ~ The purpose of this Section ie to delineate and gener- ally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for Silver Lakes. 2.2 GENERAL~ A. Regulations for development of Silver Lakes PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Zoning Ordinance in effect at the time of building permit application. B. Unless Otherwise noted , the definitions of all terms shall be the same es the definitions set forth in Collier County Zoning Ordinance, or Subdivision Reg~latione in effect at the time of .~, eDP approval or SMP approval, where applicable. . C. ' All"c~n~tio,. impo.ed and all graphic material ' ~ presented depicting restrictions for the development of Silver Lakes PUD shall become part of the regulations which govern the manner in Which the PUD site may be developed. 2.3 PROJECT PLAN AND Z~uND USE TRACTS: A. The project Master Plan, including layout of streets and general depiction of land use, is illu~trated graphically by Exhibit #A", PUD Master Developmant Plan. The project Tract Map identifies approximate acreage and land use of the various tracts, and is iljustrated by Exhibit "B#, PUD Tract Map. There shall be land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration is which is also iljustrated by Exhibit "A". + '' TRACT "A# Park/T. T. 400 26 "C~" CR 0 97 'B. '"::' Areas iljustrated as lakes by Exhibit "A" shall · .i..;.:'-'.;- . -'";::' '.' . b~ constructed lakes or, upon approval, parts there of may be constructed as shallow, intermit- t~nt wet and dry depressions for water retention '.'. J~.....'pt~oses. Such areas, lakes and intermittent wet a~%d dry areas shall be in the same general con- figuration and contain the same. general acreage a~l shown by Exhibit "A", and Exhibit "B". C. In addition to the various areas and specific items shown in Exhibit "B" such easements as n~cessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMU~ 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, therefore, will be a maximum of 1.1 recreational residences per acre and 2.73 park/ttrv lots per acre. .~.~ 2.5 PROJECT PLANAPPROVALREQUIREHENTS= The project shall be platted in accordance with the Collier County Subdivision Regulations to define the R.O.N. and tracts as shown on the PUD Tract Hap, unless ownership is to remain with one entity fno fee simple selling of lots or tracts), and a SDP is submi~ted for approval for the entire area encompassed by the PUD Master Plan. A. If a plat £s to be recorded on this project, the following nust occur prior to development of any individual parcel, tract or lots: 1) A SMP over the entire PUD must be submitted and approved in accordance with the 'County Subdivision Regulations. 2) Construction plan and plat for either the entire PUD or that portion proposed for initial construction must be submitted and approved. ,'~'. B. Further development of any platted tract or .,")~,~'.'.i-/~~.~." parcel shah ~e subject to the following: "~".'"~' ,:": l) The developer of any platted tract or parcel i~.~..~.. ~ .. which is not intended to be further subdivided, shall be required to submit and '~t..~..'u.' .... ' -' receiv~ approval of a preliminary site plan, ,'..' where applicable, in conformance with the requirements established within Section 10.5 of the Zoning Ordinance, prior to the submittal of a final site plan. 2) The develcper of any platted tract or parcel which is intended to be further subdivided shall be required to submit and receive approval of a Subdivision Master Plan, for that tract in conformance with the requirements established in Article IX of the '~ubdivision Regulations, if the original SMP did not show specific development within that tract or parcel. Construction Plans and a Plat ~ha11 subsequently be submitted and approved. Additional lakes (is: golf course lakes), and facilities characteristically incide~tal to such a development are excluded from this provis~on but remain subject to Collier County Excavation Ordinance No. 88- 26. Construction plans and a plat shall subsequently be submitted and approved. 2-3 2.6 GF-NERAL DESCRIPTION OF DEVELOPHENT= Area~ designated for park/ttrv land uses on Exhibit "A" are designed to accommodate a full range of rQcreational vehicle types and customary accessory uses. Areas designa=ed for recreational residential land uses on Exhibit #A" are designed to accommodate a specific type of residential dwelling as set forth in Section IV. Approximate ac~reages of all tracts have been indicated on Exhibit "A", and Exhibit "B#, in order to indicate relative size and distribution of the permitted uses. These acreage~ are based on conceptual designs and ".' must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of development plan approval in accordance with Section 2.5. 2.7 DEDICATION AND KAINTENANCE OF COHMON FACILITIES= ~Easements shall be provided for water management i ~.'~ :'"areas, utilities and other purposes as may be needed. '.Said .easements and improvements shall be in -substantial compliance with the Collier County .~:-...~!Subdivision Regulations. ~' ~l:l. "~:,~ .. . _ : ,,. . .~ ~:;"All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time 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. PARK TRAILER & RECREATIONAL RESIDENCE MODELS= Park trailer and recreational residential models, not to exceed 4, (is= I "Sales Center", and 3 "Dry Models") shall b~ permitted in conjunction with the promotion of the deYelopment. No more than three "Dry Models" may be constructed prior to recording of a plat for the project if applied for by the owner, site(s) for the model(s) must conform to zoning standards and 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 "Sale~ Center". Access shall be for pedestrian traffic only, no paved road will 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/drainfield) prior to availability of central utilitysystsms, at which time connection to the central system will 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 Site Development Plan process (Zoning Ordinance Section 10.5). 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 must be provided which accommodates the runoff 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 master water management system for the entire development. At th~ time of building permit application for a "Sales Center", a temporary use permit shall be obtained. "Sale~ Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. The purpose of this Section is to identify specific dev~lopment standards for areas designated on Exhibit NB# as Tract A, park/ttrv. DEFINITIONS: (taken from 1988 Supplement, Chapter 320.01, Definitions, general. Florida Statutes) A. Recreational Vehiclec 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 drawnby nnother vehicle. B. Park Trailer= '-' A transportable unit which has a body width not exceeding 14 feet end 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 aC tho 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 fe~t when constructed to United States Department of Housing and Urban Development Standards. Th~ 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 trallar)~ 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 designc~d and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8 1/2 feet and an overall body length of no more than 40 feet when factory-eq%tipped for the road. D. Camping Trailers 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 desiqned to be loaded onto, or affixed to, the bed or chassis of the truck and con- etructed to provide temporary living quarters for recreational, camping, or travel use. F. Motor Home: A vehicular ul~lt which is built on a self-pro- ':palled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. MAXIMUM DWELLING UNITS = The maximum number of park/travel trailer lots allowed within the PUD shall be as follows: Tract A = 400 Total m 400 3.4 USES PERMITTED; No building or structure, or part thereof, shall be altered or used, or land us~d, in whol~ of part, for other than the following= A. Principal Uses; · .i'~-. 1) Park Trailers= One (1) per lot. '~ 2) Travel Trailers (including fifth-wheel trail- '~... ers): One (1) per lot. 3) Camping Trailers: One (1) per lot. 4) Truck Camparss One (1) per lot. 5) Motor Homesl One (1) per lot. · ~ ..... 6) Conversion Vans: One (1} per lot. 7) Any other recreational unit not specifically mentioned above, that is designed to provide ...~,.... temporary or seasonal living quarters for :,.~ ~r -'recreational, camping, or travel use: One (1) ~,' ' ,per lot. ~. Accessory Use~; ~i~:" · .;, .: ~1) . One (1) caretakers residence in conjunction · with the operation of the park, which may be ~,~ '' a single family residence subject to the devmlopment standards of the RSF-5 Zoning Distric=, as contained in the Collier County ~ Zoning Ordinance in effect at the time con- struct~on permits ars 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 docu- ment. 2) Accessory uses and structures customarily "associated with park/travel trailer recrea- tional vehicle lots, including: (a} Utility sheds, attached or detached, (b) Almtinum with screen and/or vinyl an- closed porches, elevated or at ground level, not to exceed five hundred (500) square feet, with a roof which is an integral part of the park/ttrv unit, and which must be removed when the recreational vehicle unit is removed. 3) Utility ~nd drainage facilities, 4) Golf cart paths. .. 3.5 DEVELOPMENT STAND.M1DS 1 A. G].INERAL= All yards, set-backs, etc. ~hail be in relation to the individual parcel (lot) botmdaries. B. MINIMUH LOT Jtlt~A: 2,350 sq~lare feet. C. MINIMUH LOT WIDTh{: ~ ,,..:~ .,.' 1) Come= LOtl: Forty-five (45) feet. 2) Interior Lots= Thirty-five (35) , .. feet. ~'~ '"'"' :' ' 2) Side Yard= Five (5) feet. -' ..... : - '. ' 3) Rear Yard: Eight (8) feet. E. MAXIMUM GROSS FLOOR AREA= Five Hundred (500) square feet, -':,~x'j"-~:.- excl[~sive of decks and porches. 1) Principal structure- Fifteen (15) :]; feet. : 2) Accessory Structure- Fifteen (15) feet. 3-4 3.6 PERMJU{ENT LOCATION OF PARK/TTRVUNITS= 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 the Public Records of Collier County referencing the PUD's 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 regl~ter shall track the occupancy of the owned or rental lots, and shall be provided to persons Etmployed 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 Collier County. 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 prohibits the use of · "' the lot for permanent occupancy. The new lot 3... owner is 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: Ira'·After the approval of this PUD, Collier County adopts policy or ordinance to allow permanent occupan- cy of recreational vehicles in TTRVC or similar zoning districts, Section 3.6 of this PUD document shall become null and void. 3 · 8 FLOOD PLAIN ELEVATIONS ~ All park/trava~ trailer recreational vehicles and accessory structure,s shall meet flood plain elevation if permanently attached to the ground or utility facilities. ANCHORING ! SEWER, WATER AND ELECTRICAL CONNECTIONS~ All travel trailer units that require a special li- cense and, or permit to be transported on Florida state highways, wh~n positioned on a lot in this PUD, shall be anchored in accordance with the standards set forth in the Collier County Mobile Home and Travel Trailer Ordinance for mobile homes, and be connected to the public water a~d sewer system. Additionally, such units must obtain electrical service directly from the electric utility authorized to provide such service in Collier County. SECTION IV LOW DENSITY RECREATIOI{AL RES£DENCE DEVELOPM~/~T 4.1 PURPOSEC ,~ ..... The purpose of this Section is to identify specific .'- :: development standards for areas designated on Exhibit ..... ' .... ~B" as Tract AR, recreational residence. -' 4.2 DEFINITIONS= A. Recreational Residence= :,.;~..~ 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 · ~';iL plumbing, heating, air-conditioning, and · '!' '" :.. electrical oyetems contained therein All ', recreational residences located in the ..... . development shall have water closets designed to have a maximum water flushing capacity of 1.$ gallons. The total area of the unit in a setup .mods, 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 6f 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. Ail recreational residences shall be constructed to United States Department of Housing and Urban Development Standards. 4-1 The maximum number of recreational residential lots allowed within the PUD shall be as follows= Tract A~ - 160 4.4 USES PERMITTED: ~ altered or used, or land used, in whole of part, for other than the following= A. Principal l) Recreational Residences: One (1) par lot. 1) Accessory uses and structures customarily associated with residential lots, including: '.'J ~.' (a) Utility'sheds, attached or detached, ' ..':~ not to exceed forty-eight (48) square ' feet. (b) Aluminum with screen and/or vinyl en- closed porches, elevated or at ground level, not to exceed seven hundred (?00) square feet, with a roof which is an integral part of the unit. 2) Utility and drainage facilities. '4.5 DEVELOPMENT STANDARDS: A. GENERAL: Ail yards, set-backs, etc. shall be in r~latton to the individual parcel (lot) B. HINIMUH LOT AREA: 3,800 ~quare feet. C. I{INIMUM LOT WIDTH: 1) Corner Lots= Fifty-five (55} fast. 2) Interior Lots: Forty-five (45) feet. '~-' D. MINIMUM YARDS ~ ,:-: '" 1) Front Yard~ Ten (10) feet. 2)' Side Yard: Five (5) fee=. , :. 3) Rear Yard: Eight (8) feet. E. MAXIMUM GROSS FLOOR AREA: Seven Hundred (700) square feet, exclusive of decks and porches. .~.,~. .. G. MAXIMUM HEIGHT: "-' 1) Principal Structure- Flftee'n (15) ,: 2) gc0eeeo~ Structure- Fifteen (15) feat. 4.6 ANCHORING / SEWER, WATER AND ELECTRICAL CONNECTIONS: "*i,'" .' 'All recreational residential units, when positioned on ~.~¢., a lot in this PUD, shall be anchored in accordance ~,... with the standards set forth in the Collier County Mobile Home and Travel Trailer Ordinance for mobile homes, and 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. SECTION V COMMONS/RECREATION AREA The purpose of this Section is to set forth the devel- opment plan and development standards for'the areas designated as Tract OR, Commons/Recreation Area on Exhibit aba. The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open areas, passive/active recreational areal, hurricane evacuation shelter faci.litiee for recreational residential uses, and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facilities which may be indicated on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and the placement of such facilities, as may be indicated on the PUD Master Plan shall be considered non-binding. Except in areas to be t~sed for water impoundment and principal or accessory uss arsa~, all natural trees and other vegetation, as practicable, shall be protected and preserved. USES PERMITTED I .... ~o build~ng or at=ucture, or part thereof, shall be erected, altered o= used, or land used, in whole or in part, for other than the following= ? ~ ~'-. ~.~,,~. .- . A. Pr~noipal Uses= 1) Utility, water management and rights-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 5) Lakes. 5-1 6) Signage for project identification · or advertising. ?) Pedestrian and bicycle paths or 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 used by residents of the project. 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 struc- tures 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 .~. .:.' i .. ,,:.:~ landscaping. 3) Upon completion of the development of this project, ~onvenience estab- lishments of a commercial nature including stores, laundry and dry cXeaning agencies, beauty shops and barber shops shall be permitted subject to the following restric- tions= 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 PUD' Master Plan. 182 Said accessory commercial uses shall be designed, and intended to 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. 5 · 3 DEVELOPMENT REGULATIONS = A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, l~cation of access streets and parking areas, and location of screened areas. B. Ail buildings shall be setback 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 r~sidentially zoned districts, and a minimum five (5) foot landscaped, maintained buffer shall be .., provided. .,.. D. Lighting facilities shall be arranged in a manner .. '.' which will protect roadways and neighboring - ,. ..,properties from direct glare, or other interfer- · ' ' · ence. E. A Site Development Plan in compliance with these . ... Development Regulations shall be required in accordance with Section 2.5 of this PUD document. F. Maximum Height: i'..; , '. 1) Principal Structure: Thirty-five ~,:.. :. (35) feet. 2) Accessory Structure: Fifteen (15) feet. 5-~ G. Hinimum 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 shall be required for a golf driving range .' or miniature golf course. Golf cart, golf bag and equipment ~torage rooms~ maintenance bulidings~ and rooms for mechanical equipment ~ shall be computed a 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 ~'~i ...... the first 1,000 square feet, an~ space per :.. square feet of water area for . . swimming pools, spas and hot tubs. .... One (1) space per 250 square feet of gross floor area for other ~' administrative facilities. · .,..i~ 3). Convenience Commercial Areas: One (1) space for each 250 square feet of gross floor area for all uses set forth in Sub-section 5.2.B.2). .. 4) Loading Areas= As required by the Zoning Ordinance at the time of Final sate Development Plan approval. H. Landscaping= The landscaping requirements shall :, Conform to the County code ~n effect at the t~me ,' of F~nal Site Development Plan/Construction Plan ~ approval. . · '~ PAC,[ SPECIAL REGULATIONS (HURRICANE SHELTERS): In following with the intent of Collier County's hurricane shelter requirements for all mobile home parks, these special regulations shall provide c=iteria by which the required hurricane evacuation shelter shall be constructed, operated and maintained within the Silver Lakes development. Hurricane evacuation shelter space shall only be required to be provided for the recreational residential land uses as follows: (a) 20 sq. ft. x (U) 1.75 x (c) units x (d) 50% a - The area approved for short-term shelter by the American Red Cross for sleeping space Per person. b - The occupancy rate of each recreational residence. c - The total number o~ recreational residential lots in Silver Lakes. d - The average population rate occupying recrsatio*~al residences during the June through November time frame. A. Minimum Shelter Size: 20 x 1.75 x 160 x 0.5 - 2,800 square feet. B. Minimum Shelter Elevation: ' The required hurricane evacuation shelter shall · ' be elevated to a minimum height equal to, or above worst case Category 3 flooding level utilizing the current National Oceanic and Atmospheric Administration Storm Surge "SLOSH" (Sea, Lake and Overland Surges from Hurricanes), model. C. Shelter Construction: The design and construction of the required hurricane evacuation shelter shall be guided by the wind loads applied to buildings and structures designated as "Essential Facilities" in the Standard Building Code/1988 Edition, Table 1205. D. ~he required hurricane evacuation shelter shall provide the followi~g: 1) The shelter shall provide for adequate glass protection w~th shtltters or boards. 2) The shelter shall be equipped with adequate emergency power. 5-5 ~' ' ' 3) The shelter shall provide for adequate ventilation. s'~i 4) The shelter shall provide first-aid 5) The shelter shall provide potable water storage at a rate of 10 gallons per recreational residence, divided by two (2). 6) The shelter shall provide full kitchen facilities operated by natural or L.P. gas. ?) The shelter shall provide toilets and showers at a minimum rate of one (1) fixture for every recreational residence, divided by two 8) The shelter shall provide a minimum 144 square foot locked storage room. 9) The shelter shall provide separate rooms that can be used for nursing and office/ administration. 10) The shelter shall be available year round. 11) The shelter shall have a shelter team .:":i. trained by the Red troll Shelter Management .. Training Program, provided by the park management, developer, association or other acceptable body. 12} The shelter shall have the perk management confirm the availability of a shelter team i.:.: <:~ 'to Collier County's Emergency Management Department, Emergency Services Division, :~::.. prior to June 1st. of each year. /' "~ 13) The shelter shall provide a permanent exterior wall sign measuring 2 feet x 2 feet to be located at the main entrance which ... shall identify the building as an emergency ,>. ...... . .. storm shelter, and capacity limits. 14) The shelter shall provide s telephone and battery operated radio within the shelter. 15) A written agreement specifying the use of a shelter management team and the designated emergency storm shelter shall be entered into with Collier County's Emergency Management Department, Division of Emergency · Services. 16) A special Certificate of Occupancy shall be issued specifically for the emergency storm shelter before occupancy of the twenty-sixth (26th) recreational residence is authorized. The shelter team shall be formed, trained and operational before the special Certificate of Occupancy is issued for =he shelter. :.2 ;. 5-6 17) The required shelter space as herein provided may be equally designed to incorporate the above requirements and to serve a double purpose for the day-to-day needs of the residents of Silver Lakes as part of the common amenities regularly available to the residents o~ Silver Lakes. In no way is such a dual use structure's Certificate of Occupancy dependent upon the issuance of the special Certificate of Occupancy for the required emergency storm shelter, unless the Certificate of Occupancy for the dual use structure is requested at the time occupancy authorization for the twenty-sixth (26th) recreational residence is desired. CONSERVATTON ARF. A P~OSE t ~e pu~ose of this Section ~s to set forth the devel- opment plan for the areas designated as Tract CO, Conse~at~on ~ea on ~ibit "B". The prima~ function and purpose of this Tract will be to preserve and protect native flora and fauna in it ts natural state. or used, or land used, ~n whole or In par2, for ~an ~e foll~nq~ A. ~nc~pal Uses ~ 1) 0p&n Spaces/Nature 2) Boardwalks or pervious paths constructed for the enJo~ant of the conservation area by the residents of ~e project. 6-1 SECTION VII BUFFER AREA 7.1 PUIlPOSE~ The purpose of this Section is to set forth the development plan for the areas designated as Tract B, Buffer Area on Exhibit "B". Tract "Be, Buffer Area, is an easement intended to protect residential land uses from more intensive residential land uses, possible impacts from adjacent roadways a~d,.o~ non- residential 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 rsquirementm set forth elsewhere in this document. ?.2 USES PERMITTED ~ ~.~,. No structure Or part thereof, shall be erected, al- tered or used, or land used, in whole or in part, for ~'" ..... · ~'other than the following= '~''"" " ~ ~":-~'~. A. 'Princi~al 'Uses~' ' "'~-~' '1) Landscaped buffer in accordance "''~-~ .... " with the Zoning Ordinance in effect at the time of Final Site Develop- ment Plan approval. Existing native plant type~ may be substituted for · those plant types mentioned in the Zoning Ordinance subject to Plan- ning Services Staff administrative approval. 2) Earthen be~s: 3:1 minimum elope. Fences/walls: In accordance with the Zoning Ordinance in effect at the time of Final Site Development Plan approval. 4) Signage. B. Accesso~z Uses: : l) Utility and drainage facilities. ~ ' 7.3 DEVELOPMENT REGULATIONS: A. . Where the project abuts the S.R.- 951 Right-Of- Way, a twenty (20) foot wide clear area shall be provided and maintained adjacent and parallel to the ROW. Furthermore, adjacent and to the east of the clear area, a five (5) foot buffer shall be provided and maintained to effectively screen this project from the roadway. The property owners organization shall be charged with the responsibility of maintaining said clear area and buffer. B. For those areas identified on Exhibit "B" as Tract B, other than those addressed in A above, shall be maintained with a minimum fifteen (15) foot wide buffer strip. C. In anticipation that additional right-of-way may be necessary for the widening of SR 951, the developer has reserved 20 feet of this tract along the entire westerly property boundary. Negotiation for the use of this land may be undertaken subsequent to the approval of PUD. Should the use of this land ultimately become SR 951 Right-Of-Way, those requirements contained in Section 7.3.A. above shall occur adjacent, and to ,..~ the east of the described 20 foot wide strip of fF' D. Should the South Florida Water Management ~. ~: ' · District, during it's permit review process, ~.:' ' require a natural vegetative buffer be created ~ .. . ~,~. between the lots and any Jurisdictional wetland preserve and/or conservation tract, the buffer ~hall not be located within the boundaries of the lot(s) unless waived by the SoUth Florida Water ~lanagement District. It shall be created as a separate platted tract or as a buffer easement over an expanded limit of the preserve tract, which would be dedicated as preserve/drainage . traots, to include the buffer within the preserve tract. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilit~es and if necessary, to Collier County with no responsibility for maintenance. All preserve buffer easements or buffer tracts shall be created in conformance with the provisions of Chapter 704.06, Florida Statutes. SECTION VIII DEVELOPMENT COMMITMENTS PURPOSe: The purpose of this Section is to set forth the development commitments for the development of the proJect. GENERAL: All facilities shall be constructed in strict accord- " ance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations in effect at the time of submissions. The Developer, his successor and assigns shall be responsible for the c'ommitments outlined in ~his document. The DeYeloper, his successor or assignee shall agree to develop in accordance wi~h Exhibit "A", PUD Master Plan, and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed ' to in the rezoning of the property. In addition, the Developer will agree to convey to any successor or assignee in title, any commitments within this agreement. The Developer and all subsequent petLtioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Subdivision Master Plans and any other application that will result in the issuance of a final or final local development order. PUD MASTER PLAN = : A. Exhibit "A", PUD Haste= Plan iljustrates the proposed development. Minor site alterations may only bi admin~ltratively handled pursuant to Subsection 7.27~. of the Collier County Zoning Ordinance. 8-1 B. All necessary easements, dedications, or other tnstruments 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 pl&n aha11 be submitted, where required, for each phaee of development identified in this Section. Applicability of the site development plan procedure to this PUD is set forth in Section 2.5 of this docum~nt~ Silver Lakes PUD is planned to be developed in two phases. The development of Phase I may include the construction of 178 park{ttrv lots and 81 residential 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 recreation 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 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL: Unless the land uses proposed by this PUD regulatory document and Master Plan ara substantially complete (l.e.~ 50% or greater of all infrastructure, includin~ drainage, road, potable water and sanitary sewer facilities, is ~netalled or under construction), the land owner of record shall submit a status report pursuant ~o County Ordinance No. 87-87 regarding PUD Monitoring Reports. The first of such reports shall be submitted to Collier County on or before September 24, 1993. Upon receipt of the report, Planning Services shall review said report and present its f~ndings to the Board of County Commissioners. The report shall submit an argument that supports the continued development schedule proposed by the owner. The singular purpose of this review, and the review criteria for the extension of the PUD approval, is whether the development of the PUD has commenced in earnest. 8-2 Should the Board of County Commissioners determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification. Should'the Board of County Commissioners determine that the development has not commenced in earnest, then upon reviuw and consideration o£ the report provided by the owner, the Board of County Commissioners shall elect one of the following: A. Extend the current PUD approval for a period of two years or a greater period of time~, at. the end of which time, the owner will again submit to the reporting procedure set forth above. B. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the Growth Management Plan. The existing PUD shall remain in effect until subsequent action by the Board on the submitted amendment of the PUD. If the owner fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board may initiate proceedings to rezone, and subsequently rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management Plan. TRANSPORTATION AND ENGINEERING: A. . Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. B. A 20 ft. wide strip of land along the entire west property line shall be reserved for future widening of SR 951. C. A Florida Department of Transportation right-of- way permit shall be provided before construction plans approval. D. A letter of no-objection from Florida Power and Light allowing encroachment in the Florida Power and Light easement shall be provided before ' construction plans approval. 8-3 193 E. Subject to FDOT approval, the Developer shaX1 provide a southbound left turn lane on SR 951 et the proJ~mct entrance. It's length shall be sufficient to accommodate two of the largest vehicle combinations expected to use it. F. In lieu of & north bound right turn lane, the developer shall provide a turning radius of not leis than 50 feet to serve this movement. G. The developer shall provide arterial level street lighting at the pro~act entrance. H.Approval o~ the entrance location at this time does not imply that a median opening will be permitted upon the four laning of SR 951. ':' I. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. All improvements shall be in place before any certificates of occupancy are issued. 8.7 '.SUBDIVISION EXC~TIONS= Th~ following exceptions from Collier Countyee .~i'."~:Subdivision Regulations (Ordinance No. 76-6, as .... :~amended), are applicable to the development of the '.i' Silver. L~kss PUl): A,Subdivision Regulations, Article X, Section 24 - Utility Casings: Waived subject to all utilities being lastS.lied prior to construction of the roadway pavement and base. B. Subdivision Regulations, Articlo X, Section 19 - Street Namo Harkors and Traffic Control Devices= Waive the pavement striping requirement only, provided roads have a valley gutter section. C. Subdivision Regulations, Article XI, Section 3 - Blocks= Waive the maximum block length of 1,320 feet to length as shown on Subdivision Master Plan. However, crosswalks will be provided as required. D. Subdivision Regulations, Article XI, Section 10 - Monuments= Waived subject to monuments installed in accordance with Florida Administrative Code Rules 21-HH-6. 8-4 E. Subdivision Re,elations, .~ticle Xl, section .~" - Dead End Street not to exceed one thousand feet j. (1000') in length: Waived. · F. Subdivisio~ Regulations, Article XI, Section 17-I - Curb Radii= Waived subject to a minimum 30 feet c~2rb radius internally and a minimum 40 feet radius externally. .~. 8.8 UTILXTIES .~ A. Water distribution, sewage collection and .M'~'L transmission and interim water and/or sewage i-~." treatment facilities to serve the project %re to : be designed, constructed, conveyed, owned and maintained in accordance with Collier County · Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to " be constructe~ will be customers of the County and will be billed by the County in accordance wi~h 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 ...~..:?in~erim 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 anticipa=ed that the .County Utilities Division will ultimately supply potable water.to meet the consumptive demand and/or receive and treat the ~ewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at h~s expense will install and operate interim water supply and on-.s~te 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 purveyor and the developer, binding on the interim purveyor and the developer, his assigns or successors regarding any interim tr~atment facilities to be utilized. The agreement must be legally "sufficient to the County, prior to the approval of construction documents for the project, and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. D. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the Countyts Water Master Plan to insure that the District~e water system can hydraulically provide a sufficient quantity of water to meet the anticipated.demands of the project and the Dlstrict~s existing ~. committed capacity. E. The on-site water distribution system to serve the project must 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 Utl~ities Division. 2) Stubs for futurf~ 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 ~he project. F. The utility construction documents for the .. project's sewerage system shall be prepared to contain the design and cons=ruction 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 rights-of-way. The force main must be extended from the main on-site pump station to the east rights-of-way line of SR 951 capped and valved for future disconnection from the proposed interim utility system to serve =he 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. Prior to approval of construction documents by ~:,.: the County, the Developer must present ~." verification pursuant to Chapter 367, Florida ::' Statures, =hat the Florida Public Service Commission has granted territorial rights to the Developer on an existing interim utility system to provide s,~wer service to the project until the county can Drovide these services through its sewer facilities. H. OTHER UTILITIESI :, Telephone, power, and TV Cable sQrvice shall be "' made available to all park/ttrv end residential areas. All such utility lines shall be installed ' .'' underground. 8.9 WATER MANAGEMENT: A. Detailed paving, grading and site drainage plans ~'~'"' shall be submitted to Project 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 Project Review Services. B. Design and construction of all improvements shall be subject to compliance with ~he appropria~e provisions of the Collier County Subdivision ~. Regulations. ':ii C. An Excavation Permit will be required for the proposed lakes in accordance with Collier County ordinance No. 88-26 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 Ordinance 88-26, including but not limited to traffic impact fees, etc. Removal of material An excess of 10% of the total, or a maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance 88-26. E. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. ~.i~' F. A Florida Department of Transportation permit approval to outfall into SR 951 right-of-way shall be submitted before construction plan approval. Xf Department of Transportation requirements for water management significantly alters the 'master plan submitted for approval a= this time, the petitioner shall consult with Planning Services who shall coordinate with Project Review Services to affirm that the project desiqn is consist~nt with the approved master plan. G. The off-site drainage will be routed through the project in an interceptor swale that discharges to the SR 951 canal or to an existing ditch located on the easterly adjacent property ~t the property boundaries. The off-site drainage will not be incorporated in the on-site water management system. H. At the time of construction plans review, petitioner shall provide analysis on the capacity of the proposed off-site runoff interceptor I. The proposed off-site runoff interceptor swale shall be platted end dedicated as a drainage '~" "~? .easement. ,,.-. ~. 8.10 ..'ENVIRO}~ENTAL= -'~ .... A. Petitioner shall be subject to Ordinance 75.21 [or the tree/vegetation removal ordinance in existence at the time of permitting] requiring "~ the acquisition of a tree removal permit prior to any lan~ clearing. A site clearing plan shall be submitted to the Project Review Services Environmental staff for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout inc~rporates retained native vegetation to the maximum extent possible, and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, as required by Collier Countyts Zoning Ordinance No. 82-2, as amended by Ordinance No. 89-57, in the site landscaping plan. A landscape plan for all landscaping in the development shall be submitted to the Project llvllw SsrviCel Environmental staff for their review and approval. I C. All exotic plants, as'defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with, and approved by Project Review Services Environmental Staff prior to Final Site Development Plan/ Construction Plan approval. D. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at the location shall bt immediately stopped and the Project Review Environmental Staff notified. Development will be suspended for a sufficient length of time to enable the Project Review .Environmental Staff, or a designated consultant .' .... to assess the find and determine the proper ..' ~!."~course of action in regard to its salvageability. .:' The Project Review Environmental Staff will " .... respond to any such notification in a timely and efficient manner so as to provide only a minimal ,interruption to any construction activities. E. "In accordance with the D.E.R. Joint Application for Works in the Waters o'f Florida, the northernmost lake shall maintain a littoral zone i'.'i.' '?ii. '' with typical native aquatic vegetation, subject to South Florida Water Management District · . :' (SFWMD) approval. The remaining water bodies in ~-'~ the development shall maintain lake side slopes '~: as required by SFW~D permit specifications. F. All applicable local, State and Federal permits .~' must be obtained prior to final Site Development ?:~.ii:]· Plan approval. 8-9 .::;~, 6. Ail Jurisdictional wetlands shall be flagged by the petitioner prior to any conbtruction. These areas shall be field approved by Project Review Services Environmental staff. These areas shall not be altered or modified with the exception of exotic vegetation removal, from the natural state unless otherwise stipulated in an approved mitigation plan. H. Prior to development activities, wetlands, preservation areas, buffer zones, natural vegetation/landscape areas, or other areas ,>:?' designated protected during the site plan review · ':.' process shall be clearly marked by suitable barriers or visual markers no closer than six feet from such areas. '~' I. The project's plans shall be brought to the attention of the Rookery Bay Aquatic Preserve Manager for review. .., J. Prior to Final Site Development/Construction Plan ','~ approval, demonstrate that twenty-five percent 'i' (25%) of the viable, naturally functioning native .~(,. vegetation on site will be retained. K. A Wildlife survey shall be completed by a environmental consultant acceptable to the Florida Game & Freshwater Fish Commission ~%~'~..".. (FGFFC), and shall be transmitted to the FGFFC and Colliflr County for review and approval prior ~%~". ~o Construction Plan,/Plat approval(s). If listed species are found, a mitigation or · ~.-.. relocation plan shall be submitted to the FGFFC ~ '" and Collier'County for review and approval prior to Construction Plans/Plat approval(s). 8 . 11 PLANNING CO~I~ENTS ~ '. A. Improvements within Unit 30B, as described in the Oeltona Settlement Agreement, on the site shall meet the requirements of the Deltona Settlement Agreement at the time of permit submission. B. The petitioner may agree to provide a roadway interconnection to adjacent property to the north. C. The future roadway interconnection may provide for public use and be located in the vicinity of the recreational area. Any subdivision master plan and/or ~ite development plan that is filed for that tra.=t shall also identify the roadway interconnection. D. Although Construction Plans/Plat(s) may be approved, the Silver Lakes development may not proceed with infrastructure1 improvements prior to Nay 1, 1992. Site Development Plan approval and the resulting construction of a "Sales Center" and associated "Dry Models" are exempt from this provision. 8.12 ACCESSORY STRUCTURES: Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. 8.13 SIGNS { All eignage shall be in accordance with the Collier County Sign Ordinance, Ordinance No. 89-60, or its amended version in effect at the time of Final Site Development Plan approval, with the following exceptions: A. Two (2) project identification signs may be affixed to a proposed wall adjacent and along the S.R. 951 frontage, and may protrude above laid waXX 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 B.R. 951 frontage for 'the purpose of promoting the development. Such a promotional sign shall not exceed thirty (30) ~quare feet. 8.14 LANDSCAPING FOR OFF-STREET PARKING AREAS: All landscaping for off-street parking areas shall be in accordance with the Collier County Zoning Ordinance in effect at the time of Final Site Development Plan approval. 8-11 POLLING PLACES ~ Pursuant to Section 9.11 of the Zoning Ordinance or its..successor in the Unified Land Development Code, 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 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, homeowners associations, or tenants associations. This agreement shall provide rom said community recreation/public building/publ~c room or similar common facility to ba used for a polling place if determined to be necessary by the Supervisor of Elections. OiI SILVER LAKES I.,ND u~. su~,~Y P.U.D. MASTER PLAN LAND USE ACREACE PHASE 11 PHASE 2 ~ SILVER LAKES L~ ~. -~Y P.U.D. TRACT MAP ..OF FLORZDA ) C 01'.T.,Z~R ) Z,-3AI~S C, GZL]~S, Cl,~rk of Courts tn ~d for the :.~entleth ~dtctal Clrcult, Collier Cowry, F/or/da, do . hereby certify that the fore~otn~ tea true copy '.'.' ., Ordln~ce ~o. 91-90 adopted ~ ~he ~oard of Cowry Co~lsetonerm on ~ h~ ~d the official seal of the Board ~onere of Co111e~ Cowry, Flor/da, this 30th '., 1991. ~X-O~E~C~O to Board o~ ''''~ .' ..,-- ~. Cowry Co~tsstoners Deputy Clerk