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Ordinance 2005-14 ORDINANCE NO. 05- 14 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, 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(S) BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "MPUD" MIXED 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 26:~:" ~3~ EAST, COLLIER COUNTY, FLORIDA, CONSISTING 0(1~' en '-'~ .- '.. 146± ACRES; PROVIDING FOR THE REPEAL O~::- :.:; ORDINANCE NUMBER 91-90, THE FORMER SILVERL";,, :..) LAKES PUD,' AND BY PROVIDING AN EFFECTIV&-:I~:. ;..':) P'i . DATE. ~ ~ S,; .:::. C) r""" r.ï c::_-~ C) þr·~ WHEREAS, Dwight Nadeau of RW A, 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. -n ~j"~ ¡ .:,·"""'1 ~ ~ ~~, ~"J NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 10 and 15, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "MPUD" Mixed Use Planned Unit Development in accordance with the MPUD 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 Collier County Land Development Code, is/are hereby amended accordingl y. SECTION TWO: Ordinance Number 91-90, known as the Silver Lakes PUD, adopted on September 24, 2001 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Page 1 of2 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED 1;>y the Board of County Commissioners of . /ll ( / Collier County, Florida, this .J~ day of 77) ¡J rt!. /) , 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . """ . I :-.::, At ~~' . '''to~' . ..~', sf' - ' ,\)'..... 011 " . . ., $,' ApprovèØ. a('s ~,~~~..a'nd ~~jÞY" ',' (y~ ,.' A)~ ~~~ ~ Marjorie M. Student Assistant County Attorney ,k.. BY: ~W. ~ FRED W. COYLE, CHA AN PUDZ-A-2003-AR -4942/M D/ld Page 2 of2 This ordinance filed wfth thii Secretary of State's OHic'" ¡hi" ~daï of ~, 1:ØJ5 and acknov,'!cdç'ernent of th:·' f..'· 'I ,.' ·s c.</-r) ,(.. 1119 ~ecc, vcc ,nl .;.J.__. , . , o p;,~~~~~~. ~+k Deputy C"'k SILVER LAKES A MIXED USE PLANNED UNIT DEVELOPMENT PREP ARED FOR: CONQUEST DEVELOPMENT USA, L.c. 1001 SILVER LAKES BLVD. NAPLES, FLORIDA 34114 PREPARED BY: ~WT^~C CONSULTING .JL.... Y 'f..L ..L RWA, INC. 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34 I 04 DATE FILED 10/29/03 DATE REVIEWED BY CCPC 1/20/05 DATE APPROVED BY BCC 3/22/05 ORDINANCE NUMBER 05-14 EXHIBIT "A" ~·2001\01-0091.00 Silver Lakes\OOOI Insubstantial PLID Amendment #3735\2003-Amendmem\Silver Lakes PLiO 3-22-05 Clean doc T ABLE OF CONTENTS PAGE LIST OF EXHffiITS I ST A TEMENT OF COMPLIANCE II SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III LOW DENSITY P ARK/TRA VEL TRAILER RECREATIONAL VEHICLE DEVELOPMENT 3-1 SECTION IV LOW DENSITY RECREATIONAL RESIDENCE DEVELOPMENT 4-1 SECTION V COMMONS / RECREA nON AREA 5-1 SECTION VI CONSER V A TION AREA 6-1 SECTION VII BUFFER AREA 7-1 SECTION VIII DEVELOPMENT COMMITMENTS 8-1 N.2001Ð1-009100 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc ~ - "'-._~-- LIST OF EXHIBITS EXHIBIT A Mixed Use Planned Unit Development Master Plan I "':\1001'01-00<)100 S,lver LIkeslOOOI InsubstantIal PUD Amendment #3735\2003·Amendment\Silver Lakes PUD 3·22·05 Clean.doc - -. ........-.-.-...---------- ST A TEMENT 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, 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). 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 ofthe 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. II N\200 1,01-0091.00 Silver LakeslOOO I Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc _..-.,._-~-~",-",----,-,,-- SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE: The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Silver Lakes MPUD, 1.2 LEGAL DESCRIPTION: The subject property being approximately 146 acres, is described as the South 1J2 of the Southeast Y4 of Section 10, Township 51 South, Range 26 East, lying East of State Road 951, Collier County, Florida, and the South 1J2 of the Southwest 'l4 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 1J2 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 Unit 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 % 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 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 \;,2001 \0 1-009100 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-AmendmentISilver Lakes PUD 3-22-05 Clean doc ".-"----<-,~~- 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. Proj ect dischàrge is into the adjacent Collier Blvd. (S.R.-95I ) 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 I 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 i~cluding potable water and electricity. Collier County provides sewer service via its central system. 1-2 N:\200 1 "OI-D091.00 Silver Llkes\OOO 1 Insubstantial PUD Amendment #3735\2003-AmendmentlSilver Lakes PUD 3-22-05 Clean.doc ~,-------_.- SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE: 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 MPUD shall become part of the regulations which govern the manner in which the MPUD 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 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 "A". TRACT "A" ParklT.T.R.V. 400 24 TRACT "AR" RECREATIONAL 160 15 RESIDENCE TRACT "CR" COMMONSIRECREA TION 0 79 TRACT "CO" CONSERV A TION 0 25 TRACT "B" BUFFER 0 3 Total 560 I 146 TYPE UNITS ACREAGE +1- 2-1 "1:\2001 \01-009100 Silver LakeslOOOl Insubstantial PUD Amendment #3735\2003-AmendmentISilver Lakes PUD 3-22-05 Clean.doc 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 "An. 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 parklTTRV 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 of3.84 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) Construction 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: I) 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 '\J :\200\ '0 1-0091.00 Silver Lakes\0001 Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc 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 confonnance 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. 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. 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 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' 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. 2.8 P ARK 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. 2-3 N\200 1 \0 1-0091.00 Silver Lakes\OOO I Insubstantial PUD Amendment #3 735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean doc ~ - .,-."-.--.----,.. 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 pennit). 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 NFP A 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 I 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 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 N:\2001 IOI-D091.00 Silver Lakes\OOOl hsubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3,22,05 C1ean.doc SECTION III LOW DENSITY P ARK I 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 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-119.S 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 8 ~ feet and an overall body length of no more than 45 feet when factory-equipped for the road. 3-1 N\200l \01-0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #37J5\2003,Amendment\Silver Lakes PlJO 3-22-05 Clean.doc 0, 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 ofparkfTTRV 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) perlot. 4) Truck campers: One (1) per lot. 5) Motor homes: One (1) per lot. 3-2 N:\200 l \0 1-009\00 S'¡ver Lakes\OOOl Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc ..,.....---- 6) Any other recreational unit not specifically mentioned above, that is designed to provide temporary or seasonal living quarters for recreational, càmping, or travel use: One (1) per lot. 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 2.5.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 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 MPUD 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) Golf cart paths. 3-3 N:\2001\Ol-0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003,Amendment\Silver Lakes PlJD 3-22,05 Clean.doc 3,5 DEVELOPMENT STANDARDS: A. GENERAL: All yards ånd setbacks shall be in relation to the individual parcel (lot) 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 (35) feet. D, MINIMUM YARDS: 1) Front Yard: Ten (to) 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 fÌ'om LDC Section 3.05.07 where a principal structure is required to be set back fÌ'om a preserve twenty-five (25) feet. 2) Accessory Structure: Ten 10 feet. 3.6 PERMANENT LOCATION OF PARK I 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 N:'200!\OI-0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc 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 I 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 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 I travel trailer recreational vehicles and accessory structures shall meet flood plain elevations ifpermanentIy attached to the ground or utility facilities. 3.9 ANCHORING I 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:\200110I-0091.00 Silver Lakes\OOOI hsubstantlal PUD Amendment #3735\2003'AmendmentISilver Lakes PUD 3-22-05 Clean.doc SECTION IV LOW DENSITY RECREA TIONAL 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 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:\200 I 101-0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc 404 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 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 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 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 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 N:\200 I '.01-0091.00 Silver Lakes\OOO I Insubstantial PUD Amendment #3735\2003,Amendment\Silver Lakes PUD 3-22-05 Ckan.doc 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) Comer 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: 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. MINIML'M 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 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\200 1 \01-0091.00 Silver LJkes\OOO' Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean,doc SECTION V COMMONS I RECREATION AREA 5.1 PURPOSE 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. 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 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. 5-1 N'1001 101-009\.00 Silver LakeslOOOI InsubstantIal PUD Amendment #3735\2003-Amendment\Silver lakes PUD 3-22-05 Clean.doc 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 pennitted 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 tenns 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 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 manner which will protect roadways and neighboring properties from direct glare, or other interference.. 5-2 "1:\2.0.01 '.0 1-0.091..0.0 Silver Lakes1.o.oO I Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-.05 Clean.doc 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 (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 ofthis 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 I lobby I pro shop I health club I clubhouse I lounge I snack bar I dining I 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) I 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 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 I construction plan approval. 5-3 N:\200 I \01-0091.00 Silver Lakes\OOO 1 Insubstantial PUD Amendment 113735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc ~-----_.._- 5.4 HURRICANE SHELTERS: The clubhouse called the Silver Lakes Clubhouse was constructed to specifications in place at the time of building pennit application. However, since that time period it has been detennined 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 N:'2001'OI-0091.00 Silver LakeslOOOl Insubstantial PUD Amendment #373512003-AmendmentlSilver Lakes PUD 3-22-05 Clean.doc --,---- SECTION VI CONSERVATION AREA 6.1 PURPOSE: 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 I nature preserves. 2) Boardwalks or pervious paths constructed for the enjoyment of the conservation area by the residents of the project. 6-1 N:1200 1 10 1-0091.00 SIlver LakeslOOO 1 Insubstantial PUD Amendment #373512003-Amendment\Silver LIkes PUD 3-22-05 Clean.doc 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 I 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 I walls: In accordance with the LDC in effect at the time of SDP approval. 4) Signage. B. Accessory Uses: 1) Utility and drainage facilities. 7-1 N\200! '.0 1-0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22,05 Clean.doc 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 N:\2001\01-0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean doc 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 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 N:\200 I 101-0091.00 Silver LakeslOOO \ Insubstanual PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc 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) 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 FOOT 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 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 N:\2001\01-0091.00 Silver Lakes\OOOI Insubstantia! PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc I. Site-related improvements necessary for safe ingress and egress to this project, as detennined 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 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. 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 detennined 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 I 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:\2001 101-0091.00 Silver Lakes'OOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean,doc 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 I or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and I 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 I 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 I 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 I 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 detennined to be legally sufficient by the County prior to the approval of construction documents for the project, and shall be in confonnance 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 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-95 I (Isle of Capri Road) and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: I) 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 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:\2001\0 1-0091.00 Silver Lakes\OOOl Insubstantial PUD Amendment #3735\2003,Amendment\Silver Lakes PUD 3,22-05 Clean,doc 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 fÌ'om 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 parklTTRV 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 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 fÌ'om 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 pennit is required prior to construction plan approval. 8-5 N:\2001 \01-0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment 113735\2003,Amendment\Si1ver Lakes PUD 3-22-05 Clean.doc 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 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 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 SDPI 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, 8-6 N:'1001 \01--009\.00 Silver LakeslOOOI Insubstantial PUD Amendment #3735\2003-Amendment\Silver Lakes PUD 3,22-05 Clean.do' D, All Category I invasive ~xotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed ftom 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 (SFWMD, ACOE, FFWCC) pennits shall be submitted prior to final SDPI 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 penn anent conservation easement to prohibit further development. H, An exotic vegetation removal, monitoring, and maintenance (exotic ftee) 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 I plates) may be approved, the Silver Lakes development may not proceed with inftastructure improvements prior to May 1, 1992. SDP approval and the resulting construction of a "Sales Center" and associated "Dry Models" are exempt ftom 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 :'-1:'2001 \01-0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment #373S\2003-Amendment\Silvcr Lakes PUD 3,22-05 Clean.doc D. The following tracts arid 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 POO.: 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.; 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 C02 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Piat 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 ofthe Public Records of Collier County, Florida.; 6. Tract CRI0 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 ofthe Public Records of Collier County, Florida.; 7. Tract CR11 of Silver Lakes, Phase Two-F according to the plat thereof recorded in Plat Book 33, pages 37 and 38 ofthe 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. 8-8 N:\2001\OI--0091.00 Silver Lakes\OOOI Insubstantial PUD Amendment 113735\2003-Amendment\Silver Lakes PUD 3-22-05 Clean.doc 8.1 0 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 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 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 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. 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""" CJVIL ENGINEmtS DøveIapment" '''''"'''''' A' MPW ,lM51E¡¿ PL.AN ..a. "" . ...L. ..... EnvIronmental Con&ullan1s -- ........ ..ttIIII................I1'I,............_ MI)"'_Mll:: lJlt)...~ I ~ , .- ~ MYIII.. 1 IIØLIICTI CllMfI:II lIJIIfUønD IY ......P.OA. '>....--....---- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-14 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 ;~~:~n~.~Ð . ~ . Clerk of Court~~nd Cle~¡ Ex-officio to~o~~..f \t.. County commisj¡i~¡:S,~}(: ~ : ~ a ~;iflJ;J!jj vg I)~~~~:: '~,\,~<.,. . By: Linda A. Hout.~....···' Deputy Clerk ,j ~'-'"-"--"-'---