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Ordinance 2005-45 .."'" ORDINANCE NO. 05- 45 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UN INC ORP ORA TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE- . APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE~, SUBJECT REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT "PUD" TO PLANNED UNIT DEVELOPMENT KNOWN AS THE CRYSTAL LAKE. PUD, FOR PROPERTY LOCATED IN SECTION 2g',-: TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING Of. . APPROXIMATELY 168.8 ACRES; PROVIDING FOJ{ THE PARTIAL REPEAL OF ORDINANCE NUMBER 84-73, AS AMENDED BY ORDINANCE 90-1, THE EXISTING CR YST AL LAKE PUD ORDINANCE; AND PROVIDE FOR AN EFFECTIVE DATE. .: .) . J ¡¡:'-''''--'''1 .. ,j ,¡~ .-','.1"-;111 J " rj ':J ,.j WHEREAS, Crystal Lake POA Two, Inc., represented by Terrance Kepple, of Kepple Engineering, has petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition PUD-2003-AR-4965. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the subject real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD," Planned Unit Development, in accordance with the additions and deletions to Ordinance Number 84-73, the Crystal Lake PUD as reflected in the PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, islare hereby amended accordingly. SECTION TWO: Ordinance Number 84-73, as amended by Ordinance No. 90-1, known as the Crystal Lake PUD, adopted on October 9, 1984, by the Board of County Commissioners of Collier County, Florida, is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Crystal Lake PUD Document attached hereto as Exhibit Words struck through are deleted; words underlined are added. Page 1 of 2 "A". All other provisions of Ordinance Number 84-73, as amended by Ordinance No. 90-1, shall remain in full force and effect. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by superrajority vote of the Board of County Commissioners of Collier County, Florida, this -L..1·~ay of 0RØt'~J2005. . A TT.pSf-? ll.n";;,,;,, D.wIGHT E. BROßJ<.:' CLERK > , . ~, . ",.. -0' :, :_~ ... .~\ . . ( \.: \ i ~... __ ':.,', J .'1 .;.." : .< '" ~' \ '.. .,. , . c.. ! . (") BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'Oèplity,' lerk , ) , / 0 ~t~)~t\.I$' to Chl1 F'IIIft . s· 'Ugftiture 0111,. ,[JC BY: ~W. ~ FRED W. COYLE, CHAIR N Approved as to form and legal sufficiency: ~i~~ Assistant County Attorney PUDA-2003-AR -4965/H WIsp Words struck through are deleted; words underlined are added. Page2of2 CRYST AL LAKE RECREATIONAL VEHICLE SUBDIVISION RESORT A PLANNED UNIT DEVELOPMENT ORDINANCE 84-73 AS AMENDED BY ORDINANCE 90-1 AND ORDINANCE 94-61 PREPARED FOR: CR YSTL^..L L^~KE JOINT VENTURE 2310 IMMOK/..LEE ROL^~D N/\PLES, FLORIDL^" 33912 CRYSTAL LAKE POA Two. INC 14960 COLLIER BLVD. NAPLES. FL 34119 PREPARED BY: Mc.^~NL Y, L^~SHER /..ND L^..SSOCL^...TES, P..^... PROFESSIONL^..L ENGINEERS, PLf..NNERS & L^..ND SURVEYORS 5101 EL^.ST T AML\MI T~\IL SUITE 202 NAPLES, FLORIDL\ 33962 KEPPLE ENGINEERING. INC. 3806 EXCHANGE AVE NAPLES. FLORIDA 34104 DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC 9-13-2005 ORDINACE NUMBER /00S-45 TABLE OF CONTENTS PAGE LIST OF EXHIBITS I 1 STATEMENT OF COMPLIANCE H2 SECTION I PROPERTY OWNERSHIP & DESCRIPTION l-l-- 3 SECTION II PROJECT DEVELOPMENT ~5 SECTION III LOW DENSITY PARK TRAILER! RECREATIONAL VEHICLE DEVELOPMENT ~9 SECTION IV COMMONS/RECREA TION AREA 4-l- 14 SECTION V CONSERV A TION AREA M-17 SECTION VI LAKE AREA &-l- 18 SECTION VII BUFFER AREA +-l- 19 SECTION VIII ROADS/RIGHT -OF - WAY 8-l- 21 SECTION IX DEVELOPMENT COMMITMENTS 9-l- 22 LIST OF EXHIBITS EXHIBIT A Planned Unit Development Master Plan (PrepaíE~d BY Me.\nly, .\sher and ^ . n ^ ~ . ..ssoclates, r.. .../ (Prepared bv Kepple Engineering. Inc.) EXHIBIT B Planned Unit De','elopment Traet Map Collier Blvd. Berm Detail 1 Words underlined are added, words struek thrøl:lgR are deleted. STATEMENT OF COMPLIANCE The development of approximately +é9 159 acres of property in Collier County, as a Planned Unit Development known as Crystal Lake Recreational Vehicle Subdivision Resort is in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential and recreational facilities of Crystal Lake are 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 Land Use Designations as identified on the Future Land Use Map as required in Objective I, Policy 5.1, and Policy 5.3 of the Future Land Use Element. 2) The subject property's location in relation to existing or proposed community facilities and services pennits the development's travel trailerlrecreation vehicle density (490 units, ~ 3.07 units/acre) as required in Objective 2 of the Future Land Use Element. 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 to be in compliance with applicable land development 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 Polices 3.1 G of the Future Land Use Element. 6) The project development incorporates natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective l.5 of the Drainage Sub-Element of the Public Facilities Element. 2 Words underlined are added, words struck tAro ugh are deleted. 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 Crystal Lake. 1.2 LEGAL DESCRIPTION: A Parcel of land located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, more particularly described as follows: Commencing at the Northwest Comer of Section 26, Township 48 South, Range 26 East, Collier County, Florida and run SOlo 27' 16" E along the Westerly Section line for 2678.28 feet to the West Quarter Corner of said Section 26; thence run S 89° 12'06" E for 100 feet to the intersection with the Easterly Right of way line ofa 100 foot canal easement and the POINT OF BEGINNING; thence run S 89° 12'06" E for 3203.28 feet; thence run N01°29'53"W for 1335.11 710.99 feet; thence run S89°12'01" E for 660.17 660.75 feet; thence run SOl030'26" E for 1335.10 706.73 feet; thence run S 89°12'06" E for 660.64 feet; thence run SOI°31'01" E for 1070.31 feet; thence run N89°12'43" W for 1615.75 feet; thence run SOI027'53" E for 300.55 feet; thence run N 89°12'00" W for 366.48 feet; thence run SOI027'14" E for 301.69 feet; thence run N89°13'24"W for 2542.51 feet to the intersection with the Easterly Right of Way line of said canal Easement: thence run N01 °29'19"W along said Right of Way line for 1673.77 feet to the POINT OF BEGINNING; subject to easements, restrictions and reservations of record, containing +é&-& 159.5 acres, more or less. 1.3 PROPERTY OWNERSHIP: The subject property is currently under the ownership ofCRYSTL^.L L\KE JOINT VENTURE, a joint 'lentui'e organized l:lÐder the lav:s of the State of Florida, the owner of the herein described laflds, by it's Mliilaging PartBer, L^.NDML^..RK M.^.N"\GEMENT COMP.\tN, me. CRYSTAL LAKE POA Two, INe. 3 Words underlined are added, words struck through are deleted. 1.4 SHORT TITLE: This Ordinance shall be known and cited as the "Crystal Lake Planned Unit Development Ordinance." 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: A. The project site is located in Section 26, Township 48 South, Range 26 East. Furthermore, the subject property is located on the east side of Collier Blvd. (County Road 951), approximately Y2 mile south ofNaples-Immokalee Road (C.R. 846). B. The zoning classification of the subject property prior to the date of this amendment was PUD, Crystal Lake (Ordinance 84-73, as amended by Ordinance 90-1 and Ordinance 94-61 ). 1.6 PROJECT DISCRIPTION: The Crystal Lake PUD is being developed as park trailerlrecreational vehicle (park/rv) development with associated facilities which may include, but shall not be limited to, convenience establishments of a commercial nature, clubhouses, swimming pools and decks, shuffleboard and tennis courts, storage, and landscaped open spaces; the individual lots shall be served with a full range of utilities including potable water, sanitary sewers, electricity, and additional services as may be deemed appropriate. A water management system shall be developed to serve the entire site, incorporating a large lake currently being excavated as a commercial fill pit, which will be phased out by November 1990. 4 Words underlined are added, words struck tRfOHgh are deleted. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE: The purpose of the 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 Crystal Lake. 2.2 GENERAL: A. Regulations for development of Crystal Lake 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 Land Development Code and Growth Management Plan in effect at the tine 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 Land Development Code in effect at the time this amendment is approved. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Crystal Lake PUD shall become part of the regulations which govern the manner on which the PUD site may be developed. 2.3 PROJECT PLAN LAND USE TRACTS: A. The project Master Plan, including layout of streets and general depiction ofland use, is illustrated graphically by exhibit "A", PUD Master Development Plan. The project Tl'act map idemifies approximate acreage and land use of the various tracts, and is illustrated by Exhibit "B", PUD Tract Map. There shall be land use tracts, plus necessary water management lakes, and street rights-of-way, the general configuration of which is also illustrated by Exhibit" A". 5 Words underlined are added, words struck thTÐl:Ign are deleted. TYPE UNITS ACREAGE +1- TRACT "A" ParklR. V. 490 41 TRACT "CR" CR 0 25 TRACT "CO" CO 0 19 TRACT "L" LAKES 0 60 TRACT "R" ROAD/ROW 0 14 B. Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts there of may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A", and Exhibit "B". C. In addition to the various areas and specific items sho'Nn in Exhibit "B", 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 490 habitable Park TrailerlRecreational Vehicle units shall be constructed in the total project area. The gross project area is approximately M9 159 acres. The gross project density, therefore, will be a maximum of3.07 2.95 Park Trailer/Recreational Vehicle unites per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS: Prior to the recording of the Record Plat, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the PUD Master Plan, Preliminary Subdivision Plat, and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to PUD approval, Preliminary Subdivision Plat and Final Construction Plans with plat shall be submitted for each tract or parcel to be developed '.vi thin the development as identified on Exhibit "B", PUD Tract Map. All division of property shall be in compliance with the Subdivision Regulations as contained in Division 3.2 of the Land Development Code, except as provided herein. 6 Words underJined are added, words strode through are deleted. A. The developer of any tract or parcel approved for recreational or common facility land uses shall be required to submit and receive approval of a preliminary site development plan in conformance with the requirements established within Division 3.3 of the Land Development Code, prior to the submittal of a final development plan for any portion of the tract or parcel. All recreation or common facility land must be identified on an approved plat prior to final site development plan approval. B. The developer of any tract or parcel approved for park traiIer/recreational vehicle development shall be required to submit and receive approval of a Preliminary Subdivision Plat for that tract in conformance with requirements established with Division 3.2 of The Land Development Code, prior to the submittal of a Construction Plans and Plat for any portion of the tract or parcel. C. The developer of any tract must submit, where applicable, prior to a Building Permit, a detailed Site Development Plan for his tract or parcel in conformance with Division 3.3, Site Development Planes ftom the Collier County Land Development Code. His plan shall also show the location and size of access to any tract that does not abut a public street. D. In the event that any established tract as identified on the approved PUD Master Plan and PUD Tract Map is proposed to be further divided in a manner that does not affect the approved inftastructure, increase the number of dwelling units, increase the density, change the dwelling unit type or change permitted uses within the tract, the developer shall submit a revised PUD Tract Map indicating the division of the established tract prior to the submittal of Construction Plans & Plat for the development of such tract. The Tract Map shall, in addition to depicting the subdivided tract, indicate the newly created tract's acreage as well as the number of dwelling units assigned to the parcel. The revised PUD Tract Map shall be submitted to the Current Planning Manager for review and approval. 2.6 GENERAL DESCRIPTION OF P ARKlRV DEVELOPMENT: Areas designated for park/rv land uses on Exhibit "A" are designated to accommodate a full range of park/rv types and customary accessory uses. Approximate acreages of all park/rv tracts have been indicated on Exhibit "A", and Exhibit "B", in order to indicate relative size and distribution of the park/rv uses. These acreages 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 the Section 2.5. 7 Words underlined are added, words strode tm-øügh are deleted. 2.7 DEDICA TION 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 Subdivision Regulations, as contained in Division 3.2 of the Land Development Code. All necessary easement, 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. 2.8 PARK TRAILER/RVRECREATIONAL VEHICLE MODELS: Park trailerlrecreational vehicle models shall be permitted in conjunction with the promotion of the development. Park/R V models may include dry models during the period of project development and sales. 2.9 VARIATIONS: Exceptions from the Subdivision Regulations shall be requested, reviewed and approved or denied at the time of Preliminary Subdivision Plat review. 8 Words underlined are added, words strode through are deleted. SECTION In LOW DENSITY PARK TRAILERlRECREA TIONAL VEHICLE DEVELOPMENT 3.1 PURPOSE: The purpose of this section is to identify specific development standards for areas designated on Exhibit "B" as Traet L^', ParklRV. 3.2 DEFINITIONS: (takeR &-om 1988 8~lemeRt, Chapter 320.01, Definitions, general Florida Statutes) A. Recreational Vehicle: A unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has it's 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/multiple 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 &om 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- 1l9.5 standards, and 500 to 1.000 square feet when constructed to United States Department of Housing and Urban Development Standards. The length ofa park trailer means the distance &om the exterior of the &ont 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 12 feet and an overall body length of no more than 40 feet when factory-equipped for the road. 9 Words underlined are added, words struek thrÐ1:!£fl are deleted. D. Camping trailer: A vehicular portable unit moùnted on wheels and constructed '.'lith collapsible partial side'.valls '.'lhich fold f'Ûr towing by another vehicle and unfold at the campsite to pro'lide temporary living quarters for recreational, camping, or travel use. D.E:- Motor Home: A vehicular unit which is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 3.3 MAXIMUM DWELLING UNITS: The maximum number of habitable park trailerlrecreational vehicle units allowed within the PUD shall be as follows: Tract A = 490 Total = 490 Tract = 490 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: 1. Park Trailers: 2. Travel Trailers (including fifth-wheel trailers) 3. Camping Trailers 3.4:- Motor Homes 4..§..;. Conversion Vans (with utility connection capability) 5.~ Another recreational unit not specifically mentioned above, that is designed to provide temporary or seasonal living quarters for recreational, or travel use. 10 Words underlined are added, words struck through are deleted. 7. Storage with appropriate screening or landscaping. B. Accessory Uses: 1) One (1) caretakers residence in conjunction with the operation of the park ( may be a single family residence subject to the development standards of the RFS-5 Zoning District, as contained in the Collier County land Development Code in effect at the time construction permits are requested. Furthermore, any three (3) park/rv lots may be combined to satisfy this provision without being subject to Subsection 2.5.D. of this document. 2) Accessory uses and structures customarily associated with park trailerlrecreational vehicle lots, including: (a) Utility sheds, attached or detached, not to exceed one hundred (100) square feet. (b) Screenlvin)4 enclosed porches, elevated or at ground level, not to exceed five hundred (500) square feet, with a røof'.vmeh is part of the recreational 'ehicIe lll1it, and '....hieh ffil:lst be removed '::hen the reereatiønal vehicle unit is removed. 3.5 DEVELOPMENT STANDARDS: A. GENERAL: All yards, set-backs, etc. shall be in relation to the individual parcel boundaries. B. MINIMUM LOT AREA: 2,800 square feet. C. MINIMUM AVERAGE LOT WIDTH: I) Corner Lots: Forty-five (45) feet. 2) Interior Lots: Thirty-five (35) feet. D. MINIMUM YARDS: l) Front Yard: Ten (10) feet. 2) Side Yard: Five (5) feet. 3) Rear Yard: Eight (8) feet. F. MAXIMUM GROSS FLOOR AREA: Fi':e Hundred (~ 1) One thousand (1,000) square feet, exclusive of decks and porches, for HUD units, as defined by section 3.2.B of the PUD document. 2) Four hundred (400) square feet, exclusive of decks and porches, for ANSI A-lI9.5 units, as defined by section 3.2.B of the PUD document. I I Words underlined are added, words stmek throHgh are deleted. G. MAXIMUM HEIGHT 1) Principal Structure - Fifteen (15) feet. 2) Accessory Structure - fifteen (15) feet. 3.6 FLOOD PLAIN ELEVATIONS: All park trailerlrecreational vehicles and accessory structures shall meet flood plain elevation if permanently attached to the ground or utility facilities. 3.7 ANCHORING I SEWER, WATER AND ELECTRICAL CONNECTIONS: All park trailerlrecreational vehicle units that are permanently installed 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 a private or public water and sewer system. Additionally, such units must obtain electrical service directly fÌ'om the electric utility authorized to provide such service in Collier County. 3.8 PERMANERNT LOCATION OF PARK/RV UNITS: Park/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 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/RV lots that are rented, the park manager shall maintain a register of tenants or occupants of the park, nothing the duration of the rental arrangement. This register shall track the occupancy of the owned or 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/rv lot, and their occupancy shall be subject to the penalties prescribed by Collier County. B. Lots Sold: For those park/rv lots that are sold, the developerlowner 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 owner is responsible for registering his or her arrival and departure from their recreational residence with the manager of the park. Failure to register will hold the new lot owner responsible for any penalties imposed by Collier County. 12 Words underlined are added, words strueI( through are deleted. 3.9 PERMANENCY CONTINGENCY: If, after the approval of this PUD, Collier County adopts policy or ordinance to allow permanent occupancy of recreational vehicles in TTR VC or similar zoning districts, the provisions of Section 3.8 of this PUD document may be applied in a manner similar to the conditions a subsequent Collier County amendment may impose on the permanent occupancy of dwelling units defined as recreational vehicles. 13 Words underlined are added, words struek through are deleted. SECTION IV COMMONS/RECREA TION AREA 4.l PURPOSE: The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract CR, CommonslRecreation Area eH- Exhibit "B". The primary function and purpose of this Tract will be to provide aesthetically pleasing open areas, passivelactive recreational areas, 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. 4.2 USES PERMITTED: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I) Structures which house social, administrative, or recreational facilities. 2) Lakes. 3) Signage for project identification or advertising. 4) Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to, or passage through the commons areas. 5) 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. 6) Utilities and drainage. 7) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. 8) Recreational Vehicle Storage, limited to the recreational Outdoor storage for vehicles owned or leased by the residents of the Crystal Lake PUD. 14 Words underlined are added, words struck through are deleted. B. Accessory Uses: 1) 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. 2) Convenience establishments of a commercial nature, including but not limited to, stores, recreational vehicle sales, rentals and storage, laundry and dry cleaning agencies, beauty shops and barber shops, etc. shall be permitted subject to the following restrictions: Such establishments and the parking area primarily related to their operations shall not occupy more than five (5%) percent of the original project area (149 acres); shall be subordinated to the use and character of the park; shall be located, designed, and intended to serve the exclusive trade of the service needs of the persons residing in the park; and shall present no visible evidence of their commercial character from any portion of any public street or way outside the park. 4.3 DEVELOPMENT REGULATIONS: A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of screened areas. B. All buildings, with the exception of the gatehouse, shall be setback a minimum of fifteen (15) feet from all tract boundaries. C. Buildings shall be set back a minimum of thirty-five (35) feet from abutting residentially zoned districts, and a minimum five (5) foot landscaped, maintained buffer shall be provided. D. Setbacks from preserve areas shall be 25 feet for principal structure and 10 feet for accessory structure. E. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare, or other interference. F. A Site Development Plan in compliance with these Development Regulations shall be required in accordance with Section 2.5 of this PUD document. G. Maximum Height: 15 Words underlined are added, words strode throl:lgh are deleted. 1) Principal Structure: Thirty-five (35) feet. 2) Accessory Structure: Fifteen (15) feet. H. Minimum Off-Street Parking And Loading: 1) Recreationall Administrative Areas: One (1) space for each 200 square feet of gross floor area. 2) Convenience Commercial Areas: One (1) space for each 250 square feet of gross floor area. 3) Loading Areas: As required by the Land Development Code at the time of Final Site Development Plan approval. 16 Words underlined are added, words struek through are deleted. SECTION V CONSERVATION AREA 5.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract CO, Conservation Area on Exhibit "B". The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in it's natural state. 5.2 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: I) Open Spaceslnature Preserves. 2) Hiking trails and boardwalks. 5.3 MINIMUM TRACT AREA A. 10,000 sf 5.4 SETBACKS A. 25 feet to Principle structure B. 10 feet to accessory structure 17 Words underlined are added, words strode thfÐHgh are deleted. " "----_..,--'-- SECTION VI LAKE AREA 6.1 PURPOSE: The purpose of this Section is to set fourth the development plan for areas designated as Tract L, lakes on Exhibit "B". The primary function and purpose of this tract will be to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. 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) Lakes. 2) Storm water retention. B. Accessory Uses: 1) Irrigation. 2) 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 the residents of the project. 18 Words underlined are added, words strueI, through are deleted. SECTION VII BUFFER AREA 7.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as TraÐt B, Buffer Area on EJc.hiàit "B". The primary function and purpose of this Tract will be to protect recreational land uses from more intensive residential land uses, possible impacts from adjacent roadways and, or non- residential land uses. 7.2 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) Landscaped buffer in accordance with the Land Development Code in effect at the time the of Final Site Development Plan approval. Existing native plant types may be substituted for those plant types mentioned in the Land Development Code subject to Current Planning staff administrative approval. 2) Earthen berms: 3:1 minimum slope. Note: No earthen berm slope gradient shall be established within the canal easement and western buffer area. 3) Fences/walls: In accordance with the Land Development Code in effect at the time of Final Site Development Plan approval. ,except that the height of the wall or fence shall be measured from the final grade. includinl? top of berm. if a landscape berm is provided. The maximum heil?ht of the fence shall be 4 feet as measured from final grade. 4) Deviation from LDC Section 5.03.02.B (fence height) and Section 5.03.02.C (height measurement from existing ground level). Deviation is requested to provide for both noise and visual buffer from Collier Blvd.. which is planned for widening. The deviations will allow for construction a fence along Collier Blvd.. located on top of the berm and to allow measurement of the fence height to be from finish grade rather than from natural ground (see 3 above). In consideration of this deviation. a type "B" landscape buffer would be provided along the right-of -way side of the fence. 19 Words underlined are added, words strnek through are deleted. 7.3 DEVELOPMENT REGULATIONS: A. Where the project abuts the c.R. 951 Right-Of-Way, a twenty-five (25) 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, or the Canal Widening & Maintenance Easement, if required, a five (5) foot buffer shall be provided and maintained to effectively screen this project from the roadway. B. For those areas identified on Exhibit "B" as Tract B, other than those addressed in A above, shall be maintained with a minimum five (5) foot wide buffer strip. 20 Words underlined are added, words struck through are deleted, ....,.._._~.--- SECTION VIII ROADS/RIGHT-OF-W A Y 8.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designed as Tract R, Roadsl Right-Of-way on Exhibit "B". The primary function and purpose of this tract will be to provide ingress and egress to the project and to the project's land uses. 8.2 USES PERMITTED: No structure, or part thereof, shall be constructed altered or used, or land uses, in whole or in part, for other than the following: A. Principal Uses: 1) Private roads. 2) Sidewalks. B. Accessory Uses: 1) Utility installations. 2) Water management facilities. 3) Landscaping, when approved by Development Services Staff. 4) Street lighting. 5) Any other use which the Current Planning manager determines to be appropriate and compatible with private roadways. 21 Words underlined are added, words struelc tlmHlgh are deleted. SECTION IX DEVELOPMENT COMMITMENTS 9.1 PURPOSE: The purpose of this section is to set forth the development commitments for the development of the project. 9.2 GENERAL: All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Land Development Code shall apply to this project. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to develop in accordance with 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 any successor or assignee in title, any commitments within this agreement. 9.3 PUD MASTER PLAN: A. Exhibit "A", PUD Master Plan illustrates the proposed development. Minor site alterations may be permitted subject to planning staff administrative approval. 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. 9.4 SCHEDULE OF DEVELOPMENT: A. A development plan shall be submitted, where required, for each phase 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 document. Crystal Lake PUD is planned to be developed on four (4) phases, over the next twelve (12) years, allowing three (3) years for the marketing and construction of each phase. Should marketing of the project prove to be favorable, the developer reserves the right to develop various phases 22 Words underlined are added, words strode through are deleted. T .'0' simultaneously, and not be subject to separate platting procedures. .^.. graphio depiction oftàe projeet's phasing is illastrated on EJ(hibit "B", PUD Traet map. The fOllowi?g table indicates the time frame proposed for each phase and corresponding park/rv lot count. Phase Estimated Completion # Park/RV Lots Phase I 1991 201 Phase II 1994 92 Phase III 1997 81 Phase N 2000 116 Phase II is proposed to include and interim road for emergency access until such time is permitted loop road is constructed. Also, the developer will be required to construct a water main along the general route of the proposed loop road to interconnect with the temporary terminus of the Phase I water main if the system is not capable of serving the domestic and fire flow demands of Phase I. Such looping will be facilitated through the creation of an easement which the road and water main may be located. The easement ',vill geneFally follow '.vi thin the Road /R.O.\V. Traot (Tract "R"), as indicated OR Exhibit liB". 9.5 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 Land Development code (LDC) B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15. LDC, as it maybe amended. E. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. 23 Words underlined are added, words strnek thrOl:lgh are deleted. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD 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. G. 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 will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. L. The five (5) foot wide buffer along the western property line. innediately east of the 25 foot wide canal widening and maintenance easement shall be provided to Collier County, at no cost to the County. upon request. for the purpose of preventing the berm from encroaching into a sidewalk that may be installed within the existing canal widening easement. 9.6 UTILITIES A. WATER AND SEWER: (Taken from the Agreement Sheet for PDA-89- 12.) 24 Words underlined are added, words strucl, through are deleted. 1 ) Water distribution, sewage collection and transmission and interim water and or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 2) All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County, and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and lor sewer facilities are available to serve the project. 3) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and lor receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/ or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment 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. 4) If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fie flow demand at a rate approved by the appropriate Fire Control District servicing the project area. 5) Water Facilities Looping and Stubs: The on-site water distribution system to serve the project shall be internally looped. During design of these facilities, the following features shall be incorporated into the distribution system: i. Unless it can be demonstrated that the system can properly flush, looping the internal pipeline network on 25 Words underlined are added, words struek tÀr8l::1gh. are deleted. cul-de-sacs longer than 800 feet shall eliminate dead-end mams. ii. Stubs for future system interconnection with adjacent properties shall be provided to the east, south and north 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. 6) Sewer system connection when interim sewage treatment plant utilized: 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 CR-951 Rights-Of- Way. The force main must be extended from the main on-site pump station to the Rights-Of-Way line CR-951 and capped. It must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. 7) Public Service Commission Service Territories: Prior to approval of construction documents by the County, the Developer must be present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through it's water and sewer facilities. B. SOLID WASTE DISPOSAL: Arrangements and agreements shall be made with an approved solid waster disposal service to provide for solid waste collection service to all areas of the project. C. OTHER UTILITES: Telephone, power, and TV Cable service shall be made available to all residential areas. All such utility lines shall be installed underground. 9.7 WATER MANAGEMENT: A. Detailed grading, paving and site drainage plans shall be submitted to 26 Words underlined are added, words struck through are deleted. 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. Prior to the excavation on site, an excavation permit was issued pursuant to Ordinance 80-26, as amended. C. Modifications to the lake shall be done in accordance with excavation Permit No. 59.114. A revised plan shall be submitted and approved prior to any filling of the lake. D. In accordance with the rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration, and a 25-year return frequency. E. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. 9.8 ENVIROMENTAL: A. The petitioner shall be subject to all environmental sections of the Collier County Land Development Code and Growth Management Plan Conservation and Costal Management Element at the time of the final development order approval. B. All exotic vegetation as listed in the Collier County Land Development Code (3.9.6.4.1) shall be eradicated for the preserves (or conservation areas) within six months of the approval of this ~UD. C. This PUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A habitat management plan for those species shall be submitted to environmental review staff for review and approval prior to Site Plan approval. D. All conservation areas shall be designated as tractsleasements with protective covenants. Easements shall be dedicated on the plat to the homeowner's association for ownership and maintenance and to Collier County with no responsibility for maintenance. E. All Category I invasive exotic plants. as defined by the Florida Exotic Pest Plant Council. shall be removed from within preserve areas and subsequent annual removal of these plant (in perpetuity) shall be the responsibility of the property owner. F. A preserve area management plan shall be provided to environmental staff for 27 Words underlined are added, words struek through are deleted. ...--....,.--..'...'. approval prior to site Iconstruction plan approval identifying methods to address treatment of invasive exotic species. fire management and maintenance. G. All approved Agency' (SFWMD. ACOE. FFWCC) permits shall be submitted prior to final site plan/construction plan approval. H. Setback to preserve areas shall be in accordance with the setbacks provided in Sections III and N of the PUD document. 9.9 ACCESSORY STRUCTURES: Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. 9.10 SIGNS: All signage shall be in accordance with the Collier County Land Development Code, in effect at the time of permit application. 9.11 LANDSCAPING FOR OFF-STREET PARKING AREAS: All landscaping for off-street parking areas shall be in accordance with the Collier County Land Development Code in effect at the time of Final Site Development Plan approval. 28 Words underlined are added, words stmek thrc:mgh are deleted. + + + +0 + + + 0+ n + + ... + + + + + +0 + + + + Ö + + +~ .. ++ + + + + + + + + + + + + '0 + c¡. + + + + +~' + + "!l.t + + ... .+ + ... + 8 + + ... +. ... + + ++ + + + + + + + + +.... + + + + cJr + + + + + + + + + + + + ;/'+ + + + + + -t> + + + + + ++-10+ + + + + + + + + + + + + + + ++.. + + + + + + + + + + + ¡ .-: LAND USE SUMMARY Tract Land Use Acreage Legend Tract "A- Park/R.V. 41 AC. Tract OCR" Commons/Recreation Area 35 AC. ROOOOoOððI Tract -CO" Conservation Area 19 AC. L·..····t Tract "L- Lake Area 60 AC. Tract -R- Roads/R.O.W. 14 AC. I. . . . 169 AC. 1"####41 ... Exhibit "A" Terrance Kepple FL PE , 41953 3808 EXchange Aft. Napla. Fl 34104 (239) 403-1780 SCALE 1--800' DATI!: 8/1/03 DRAWN BY TLK APP'D BY TLK PROJECT Crystal Lake lOa Cyrstal Lake Property Owners Assoc. Two 11TLI!: DAft In' - Master Plan -- ~ ..... lIP. \ . , I ~ ~ I . I . 01 . U . +' 0 i ! E l- I ~ I I J i .:I . I I I . :] I --- (151) J in ~ Q. ¡¡.'i! ! i 0 J :;: E I c J 0 ;; --- 0 ° ..9 ~711 QI Q) cc:i) :5 ¿.o 0 .- ã. .¡ .2 15 0 "o.s E õ~.... QlOO "OQlII)"O =Eo ~cp'1I) Þ 0Ql ~ +'....1/) gEE >. II) '- .... .... QI.o .s"o c iií .8 .0 "0 QI §.2 c: -Ql..o Õ O-CNO> -::J °oo:::c=E.... Q)c:~:ë=ö~~1;) .oo-°"OI/).oc .- Q.iií 0 ° >'õ E fII QI _ 0 °c:o>. 00_ E·- 0 1) .... c: ._ .0 +,oQlQlë EEc:°o>.....32::J ....00'tic:_1I) I/) QI 0 Q. QI ._ ::: QI QlID =>E"o(I}iiío +' >. QI 00 o.c 'EQlt'")wã. z... ° N __ I/) I I~ "" = "" ro ~ ~ - . ~ IX! "" Ñ "" Q) IIIS- .¡j ¡: Ñ -+-J I rñ 18Æ . ,... ~ ,.Q . ,... III I ~ ~ ~ J ~i -. ¡::i1 ~III ~~ . uClq I I !) 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 2005-45 Which was adopted by the Board of County Commissioners on the 13th day of September 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of September, 2005. 'Q~~'~ ~<~ . ~/ I"'~' ". "fiI". ,r"?···" '" "'. '0) DWIGHT E. BR?C~-~\íli¡':1 ~_ .~.. Clerk of Courtæ".--and ....Clerk -~ Ex-officio t:o iw;¡fd Q£'¡,. '- Cou ty com(1'::' siõ:;ei~:;:':~'" 5 - ,::, . ,.....'/,' ,', {)C . ~. "'I~. " . Qt1Qô'c" Heidi R. Rockhold, .Deputy Clerk ----r--- .