Ordinance 97-70 ORDINANCE 97-70
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING
AS 5~~ '~' ~ ~.~
DESCRIBED REAL PROPERTY FROM "PUD" TO
'"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
'EAST SIDE OF SR-951, IN SECTION 15,
TOWNSHIP 51 SOUTH, ~NGE 26 EAST, COLLIER
ACRES; PROVIDING FOR THE REPEAL OF '
COUNTY, FLORIDA, CONSISTING OF 101.3+
ORDINANCE NUMBER 92-78, AS AMENDED, THE
FORMER SOUTHWOODS PUD; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Bruce Tyson of Wilson, Miller, Barton & Peek, Inc.,
representing Pelican Lake Limited Partnership, petitioned the Board of
County Commissioners to change the zoning classification of the herein
described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA;
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 15, Township 51 South, Range 26 East, Collier
County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map(s) numbered 1615N, as described
in Ordinance NunSper 91-102, the Collier County Land Development Code,
is hereby amended accordingly.
SECTION TWO:
Ordinance Number 92-78, as amended, known as the Southwoods PUD,
adopted on October 20, 1992 by the Board of County Commissioners of
Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the
Department of State.
-1-
PASSED AND DULY ADOPTED by the Board of County Commissioners of
ATTEST: ~ .... BOARD OF COUNTY COMMISSIONERS
· ~..~mM.~.. ~:~' :.~o'~',!.:~t'~ e r kCOLL I ER COUNTY, FLORIDA
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. ... '3i: ~' ',:~ "' ' , ' · ·
~'V "+V. ~ ~ ~vj:]~"z:'.' TiMOTH?~ HANCOCK, Chairman
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, .:' ~,::. '~;Y~.~d~:,.:r,t,~.,:~:~
Assistant County Attorney ~dey
filing r-c~i~ed ~his
f/~UD-92-6(1) Ordinance Of ~,
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-2-
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
O~DINANCE NO. 97-70
Which was adopted by the Board of County Commissioners on the 18th day
of November, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 19th day of November,
Clerk of Courts and'~C~er~":";~",,.':,' ".'
Ex-officio to Boaf~.b~ ':' "." ?.. ~ '~.
Deputy C18~k~.· ~ ..... "
PELICAN LAKE
A
PLANNED LrNIT DEVELOPMENT
101.3+ Acres Located in Section 15
Township 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
PELICAN LAKE LIMITED PARTNERSHIP
2330 W. JOPPA ROAD, SUITE 210
LUFHERVILLE, MD 21093
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 BAILEY LANE, SUITE 200
NAPLES, FLORIDA 34105
AND
YOUNG, VANASSENDERP & VARNADOE
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FLORIDA 34108
JUNE, 1997
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER 92-78
AMENDMENT FILED._~.mg_2.~Ld.9~
DATE APPROVED BY CCPC
DATE APPROVED BY BCC Nov. 18~ 1997
ORDINANCE NUMBER 97-70
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TABLE OF CONTENTS
LIST OF EXHIBITS ii
STATEMENT OF COMPLIANCE AND SHORT TITLE iii
SECTION I - PROPERTY OWNERSHIP &LEGAL DESCRIPTION 1-I
SECTION II - PROJECT DEVELOPMENT 2-1
SECTION III- RECREATIONAL VEHICLE LAND USE 3-1
SECTION IV - CYPRESS PRESEk'/E 4-1
SECIION V - GENERAL DEVELOPMENT COMMITMENTS 5-1
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LIST OF EXHIBITS
EXHIBIT A PUD MASTER PLAN AND CONCEPTUAL SURFACE WATER
MANAGEMENT PLAN (WMB&P, INC. FILE NO. RZ-206a)
EXHIBIT B AERIAL PHOTOGRAPH AND LOCATION MAP (WMB&P, INC. FILE NO.
RZ-206b)
EXHIBIT C BOUNDARY AND TOPOGRAPHIC SURVEY (WMB&P, INC. FILE NO. 4J-
24I)
EXHIBIT D COMMUNITY SERVICES MAP
EXHIBIT E LANDSCAPE BERM AND BUFFER STATE ROAD 951 AND MARRIOTT
CLUB DRIVE (CHAMPIONSHIP DRIVE) (WMB&P, INC. FILE NO. RZ-
206e)
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P40227.~OI.000-P-7373
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the WMBS&P Profit Sharing Plan and Trust,
hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 101.34-
acres of land located in Section 15, Township 51 South, Range 26 East, Collier County, Florida.
The name of this proposed Project shall be PELICAN LAKE. The development of PELICAN
LAKE as a PUD will be in compliance with the planning goals and objectives of Collier County as
set forth in the Growth Management Plan. The development will be consistent with the growth
policies and land development regulations adopted thereunder of the Growth Management Plan
Future Land Use Element and other applicable regulations for the following reasons:
1. The subject property is within the Urban Residential Land Use Designation as identified on
the Future Land Use Map as required in Objective I, Policy 5.1 and Policy 5.3 ofthe Future
Land Use Element.
2. The Future Land Use Element of the Growth Management Plan makes an exception of
Recreational Vehicle Campground or Parks from the density rating system applicable to all
other residential development, and specifically provides that the density prescribed in the
TTRVC zoning district is the density that is allowed. A PUD entirely devoted to
recreational vehicle development is for all intent and purposes equivalent to the TTRVC
zoning district.
3. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in substantial 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 Policies 3. I.H and L ofthe Future Land Use Element.
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 by Objective 1.5
of the Drainage Sub-Element of the Public Facilities Element.
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NO237-COI-4)CO-P-?37)
7. The subject property is within the area encompassed by the Stipulation for Dismissal and
Settlement Agreement, dated July 20, 1982, between Deltona Corporation, various agencies
of the State of Florida, conservation intervenors, and Collier County, hereinafter referred to
as the "Settlement Agreement."
SHORT TITLE
This ordinance shall be known and cited as the "PELICAN LAKE PLANNED UNIT
DEVELOPMENT ORDINANCE".
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SECTION 1
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 condition of the property proposed to be developed under the project
name of Pelican Lake.
1.2 LEGAL DESCRIPTION
The subject property being approximately 101.3 acres, is described as:
The south i l00 feet of the north V~, of the north '/2. of Section 15, Township 51 south,
Range 26 east, lying east of State Road No.951, Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Pelican Lake Limited F'artnership,
2330 W. Joppa Blvd., Suite 210, Lutherville, MD 21093.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located in Section 15, Township 51 south. Range 26 east. and is
bordered on the west by State Road 951. on the north by undeveloped land and
Silver Lakes PUD, on the east by property zoned MHSD and on the south by
Championship Drive and Marco Shores PUD.
B. The reference and zoning classification of the subject property prior to the date of
this approved PUD Document was Southwoods PUD.
1.5 PHYSICAL DESCRIPTION
The project site is located within South Florida Water Management District No. 6. Natural
drainage of the site is in a northeast to southwest direction. Sheetflow from the north is
collected by an interceptor ditch located in the Championship Drive right-of-way. 'Fhis
interceptor ditch discharges south and west via the SR 951 right-ol:xvay ditch and a
drainage pipe under Championship Drive discharging in Marco Shores PUD.
The proposed water management system will be the lake detention type.
VeT OI!-BTyso~ t - I
Vegetation on site is predominantly pine fiatwoods. A small cypress area, to be preserved,
is located adjacent to the eastern property line.
Elevations within the site range from 2.3 to 3.8 feet above mean sea level. Most of the site
averages an elevation of 3.0. All of the site is within Flood Zone AE7 according to FIRM
Map 120067 061SD.
1.6 pROJECT DESCRIPTION
Pelican Lake PUD shall be a Recreational Vehicle (TTRV) park with associated facilities
which may include, but shall not be limited to, a clubhouse, associated recreational facilities
and customary accessory uses, a cypress preserve and open space as more specifically set
forth in Section 3 ofthis document.
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SECTION 1I
PROJECT DEVELOPMENT
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for devel,.pment of Pelican Lake 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 in
effect at the time of building permit application. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district in
the County Land Development Code shall apply.
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the Collier
County Land Development Code in effect at the time of building permit application.
C. Development permitted by the approval of this petition will be subject to a
concurrency review under the Adequate Public Facilities Art{cle 3, Division 3.15 of
the Collier County Land Development Code or its successor provision at the time of
building permit issuance.
D. All conditions imposed herein or contained on the Master Plan for Pelican Lake
PUD are part of the regulations which govern the manner in which the site may be
developed.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan, including layout of streets and use of land for the various Iracts. is
iljustrated graphically by Exhibit "A", PUD Master Plan, (WMB&P, inc. File No. RZ-
206a). Minor variations to land use designations and acreage within the project may be
permitted at final design to accommodate vegetation, encroachments, utilities, market
conditions, and other hereto unforeseen site conditions. The specific location, size, and
configuration of individual tracts or recreational vehicle sites shall be determined at the time
of site development plan approval in accordance with Article 3 Division 3.3 of the Collier
County Land Development Code, or its successor provision.
2.4 PROJECT DENSITY
A maximum of 400 TTRV lots shall be constructed in the total project area. The gross
project area is approximately 101.3 acres. The gross project density, therefore. will be a
maximum of 3.9 units per acre.
2.5 PROJECT PLAN APPROVAL REOUIREMENTS
A. !f'I"FRV lots are sold on a fee simple basis. the project shall follow the design and
development standards and review procedures in accordance with the requirements
established in Article 3, Division 3.2 of the Collier County Land Development Code
or its successor provision. The developer reserves the right to request substitutions
to the standards set forth in applicable regulations.
B. If the project is operated as a rental park (no fee simple sale of TI'RV lois). the
project shall follow the standards and review procedures established in Article 3.
Division 3.3 of the Collier County Land Development Code. or its successor
provision.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and method for providing perpetual
nmintenance of common facilities.
2.6 ROADWAYS
Roads and other infrastructure may be either public or priva|e. depending on location.
capacity, and design. The determination as to whether a road shall be public or private shall
be made by the developer, his successors or assignee at tbe time of County approval.
Stand~ds for roads shall be in compliance with the applicable provisions of County Code
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~llT~I~P-737J
regulating subdivisions, unless otherwise approved as a substitution during subdivision
approval. Standards for roads shall also be in compliance with the applicable provisions of
the Settlement Agreement. The Developer, his successors or assignee reserve the right to
request substitutions to Code design standards in accordance with Article 3, Division 3.2.,
Section 3.2.7.2 of the Collier County Land Development Code, provided the proposed
standards would be consistent with the Settlement Agreement standards.
2.7 ~
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7 of the
Collier County Land Development Code may be reduced with the approval of Project
Review Services.
2.8 USE OF RIGIITS-OF-WAy
Utilization of the rights-of-wa) for landscaping decorative entrance ways and signage shall
be reviewed and approved by Project Review Services prior to any installations.
2.9 MODEL HOMES/SALES CENTER
Model homes and a Sales Center shall be permissible pursuant to the requirements of
Article 2, Division 2.6, Section 2.6.33.5 and Article 3, Division 3.2, Section 3.2.6.3.6, of the
Collier County Land Development Code or their successor provision.
2.10 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD Document or PUD Master Plan as provided in
Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code, or
its successor provision.
2.11 ASSOCIATION FOR COMMON AREA MAINTENANCE
If the property is to be subdivided into any individual tracts or lots to be transferred to
another entity, then in that event, the developer shall create a property owners association
whose function shall include provision for the perpetual care and maintenance of all
common facilities and open spaces subject further to the provisions contained herein. Said
property owners association shall provide restrictive covenants concerning the use of the
common facilities and open space and shall provide an assessment process lbr funding the
maintenance and care of said facilities.
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SECTION Iii
RECREATIONAL VEHICLE LAND USE
The purpose of this Section is to identify specific development standards for areas
designated on Exhibit "A", PUD Master Plan as Recreational Vehicle (TTRV), Recreation
and/or Open Space.
3.2 MAXIMUM LOTS
The maximum number of TTR'. lots allowed within the project is 400.
3.3 USES PERMITrED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Travel trailers, park trailers, truck campers, camping trailers, motor homes,
conversion vans and any other recreational vehicle not specifically
mentioned, that is designed to provide temporary or seasonal living quarters
for recreational, camping or travel use: One (1) per lot, or site.
2. Commercial earthmining.
3. Any other use or service which is comparable in niture with the uses set
forth in 3.3.A.1. of this document and which the Development Services
Director determines to be compatible in the district.
B. Accessory Uses:
1. Customary uses and structures that are accessory and incidental to the uses
permitted as of right.
2. One (1) caretakers residence in conjunction with the operation ofthe park.
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3. Accessory uses m,.d structures customarily associated with travel trailer
recreational vehicle parks, including recreation and social facilities (both
indoor and outdoor), administration buildings, service/maintenance
buildings including bathrooms, storage (including RV and boat storage),
laundries and similar services for residents of the park.
4. Pedestrian and bicycle paths or other similar facilities constructed for
purposes of access to, or passage through the recreation and open space
areas°
5. Small docks, piers or other such facilities constructed for purposes of lake
recreation.
6. Accessory uses and structures customarily associated with travel trailer
recreational vehicle lots, including:
a) An enclosed utility/storage area not to exceed an area of one hundred
(100) square feet. Any utility/storage area may be located adjacent
to its associated recreation vehicle in compliance with the setbacks
provided in Section 3.4.C of this document. The utility/storage area
may be a continuous part of a screened-in porch where such a porch
is attached to the vehicle as herein provided.
b) An attached screened-in porch elevated or at ground level with a
solid roof structure, architecturally compatible with its associated
recreation vehicle, not to exceed an area equal to the area of the
recreational vehicle to which it is attached. Said screened-in porch
may provide for any site utility/storage space requirements as herein
provided and shall not contain any other interior walls. All such
screened enclosures must be permitted and co, nstructed according to
this Code and applicable building codes. No heating, air
conditioning or heater systems or parts of systems including ducts or
grills may be constructed or contained in such screened-in porch.
Exterior walls may be enclosed with vinyl windows, except that the
storage area may be enclosed with the same material as the principal
unit.
7. A convenience commercial facility (including store, laundry and dry
cleaning agencies, beauty shops and barber shops) no greater than fifteen
thousand square feet (15,000) in total land area. This facility shall provide
for the exclusive sale of convenience items to park patrons only, and shall
present no visible evidence of their commercial character, including signage
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and lighting, from any public or private street or right or way external to the
park.
8. Water Management Facilities and lakes.
3.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 2800 square feet, 5600 square feet for caretakers residence.
B. Minimum Lot Dimensions:
1. Width: Average of 40 feet
2. Depth: Average of 70 feet
C. Minimum Yards:
1. Front: Ten (I0) feet
2. Side: Five (5) feet
3. Rear: Eight (8) feet, five (5) feet for an enclosed utility/storage area
located on a TTRV lot.
4. From Exterior Boundary of Park: Thirty (30) feet
5. From State Road 95 ! or Championship Drive: Fifty (50) feet
6. From Buildings or Structures: Ten (10) feet. no setback from an enclosed
utility/storage area adjacent to its associated recreation vehicle.
D. Maximum Height of Structures: Thirty (30) feet
3.5 REQUIRED FACILITIES
A. Electricity, central water and sewer shall be available to each TTRV lot.
B. A trash container such as a dumpster may be located in areas easily accessible and
not obstructed by 'FFRV lots or the developer or property owners association may
contract with a solid waste collection and disposal service.
C. An enclosed space shall be open at all times wherein a portable fire extinguisher in
operable condition and first aid equipment is available and a telephone is available
for public use.
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3.6 OFF STREET PARKING REOUIREMENTS
Parking for principal uses shall be as set forth in Article 2, Division 2.3, Section 2.3.14 of
the Collier County Land Development Code or successor provision.
Parking for accessory uses may be computed at 50% of the normal requirements set forth in
Article 2, Division 2.3, Section 2.3.14 of the Collier County Land Development Code, or
successor provision.
3.7 REOUIRED BUFFERS
A. Adjacent to State Road 951 and Championship Drive: An area not less than twenty
feet (20') in width shall be provided. This area shall include a landscaped area of
five feet (5') inside its entire length. The landscape plan for this area will be
determined at project plan approval in accordance with Section 2.5 A or B of this
document. The entix2 buffer area may be combined to achieve a visual screen
between State Road 951/Championship Drive and the TTRV park. A perimeter
berm and swale may be permitted within the buffer area.
Irrespective of the foregoing, a minimum distance of lifty (50) ti:ct shall be
maintained between the proposed on-site road pavement surface running parallel to
S.R. 951 and the most easterly pavement surface on S.R. 951.
B. All other project boundaries: A buffer strip at least fifteen feet (15') wide in which
ornamental screening composed of structural or plant material shall be provided.
The landscape plan for this area will be determined at project plan approval in
accordance with Section 2.5A or B of this docurncnt. A perimeter benn and swalc
may be permitted within the bufli:r area. No bufli::r shall be required between the
Cypress preserve and the project boundary.
C. No buffer shall be required between recreation areas and TTRV lots.
D. Required buffers shall be maintained and constructed in accordance with the
landscape provisions of Article 2, Division 2.4 of the Collier County Land
Development Code, or its successor provision.
3.8 OTHER STANDARDS
Standards for parking. landscaping, signage. lighting and other land uses not spccilicd
herein are to be in accordance with the Collier County Land Development Code in elli:ct at
the time of Project Plan Approval as stipulated in Section 2.5 of this document.
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3.9 PERMANENT LOCATION OF PAI~KfFTRV UNH'S
Recreational vehicles may be permanently located on a lot; however. no permanent
residency is allowed. A covenant running with the land shall be recorded in the Public
Records of Collier County referencing the PUD's restriction on permanent residehey.
Compliance with this provision shall be insured by utilizing the following enforcement
measures:
A. Lots rented: For those 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 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 lot, and their occupancy shall be subject to the penalties prescribed by
Collier County.
B. Lots Sold: For those lots that are sold. the developer/owner of the lots shall include
in the sales contract a notice that current zoning regulalions 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 unit with the manager of the park. Failure to
register will hold the new lot owner responsible for any penalties imposed by
Collier County.
3.10 I'ERMANENCY CONTINGENCY
If, afier the approval of this PI. JD. Collier County adopts a policy or ordinance lo allow
permanent occupancy of recreational vehicles in TI'RVC or similar ZOIlill g districts. Seelion
3.9 of this PUD document shall become null and void.
3.11 FLOOD PLAIN ELEVATIONS
All travel trailers, park model travel trailers, recreational vehicles and accessory structures
shall meet flood plain elevation ifpermanently attached to the ground or utility facilities.
3.12 ANCHORING SEWER. WATER AND ELECTRICAL CONNECTION$
Park model travel trailers n'mst be anchored in accordance with the standards set li~rth in the
Collier County Mobile l lome District (M!I) and 'I'I'RVC District and other applicable
regulations and be connected to a public or private water and sewer system. Additionally.
such units must obtain electrical se~ice directly t~om the electric utility authorized to
provide such se~ice in Collier County.
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3.13 ~ (Taken from 1996 Supplement, 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 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 th= exterior stud walls at the level of maximum dimensions. not
including any bay window, does not exceed 400 square feet when constructed to
ANSI A-119.5 standards, and 500 square feet when constructed to United States
Department of Housing and Urban Development Standards. The length of a park
trailer means the distance from the exterior of the front of the body (nearest to the
drawbar and coupling mechanism) to the exterior of the rear of the body lat 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 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 I/2 feet
and an overall body length of no more than 40 feet when fdctory equipped for the
road.
D. Camping Trailer:
A vehicular portable unit mounted on ~vheels and constructed with collapsible
partial sidewalls which fold for towing by another vehicle and unlbld at the
campsite to provide temporary living quarters ti3r recreational, camping, or travel
use.
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E. Truck Camper:
A truck which is equipped with a portable unit 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 does not exceed 40 feet in length and the height and width
limitations provided in S. 316.515, is a self-propelled motor vehicle, and is
primarily designed to provide temporary living quarters for recreational, camping,
or travel use.
G. Conversion Van:
A vehicular unit which does not exceed the length and height limitations provided in
S. 316.515, is built on a self-propelled motor chassis, and is designed for recreation,
camping and travel use.
H. Private Motor Coach
A vehicular unit which does not exceed the length, width and height limitations
provided in S. 316.515 (9), is build on a self-propelled bus type chassis having no
fewer than three load bearing axles. and is primarily designed to provide
temporary quarters for recreational, camping, or travel use.
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NO2,17-OOI-4~O-P-7373
SECTION IV
CYPRESS PRESERVE
The purpose of this Section is to set forth the development plan for the area designated
Cypress Preserve on Exhibit "A", PUD Master Plan (WMB&P, Inc. File No. RZ-206a).
The primary function and purpose of this Tract will be to preserve and protcct native flora
and fauna in its natural state.
4.2 USES PERMITrED
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 space/Nature Preserve
2. Boardwalks or pervious paths
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NO237~OI-000-P-?373
SECTION V
GENERAL DEVELOPMENT COMMri'MENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments of the project.
5.2 GENERAL
All facilities shall be constructed in accordance with Final Site Developmcnt Plans. Final
Subdivision Plats and all applicable State and local laws, codes, and regulations in effect at
the time of each approval, except as otherwise noted herein. Except where specifically
noted or stated otherwise, as for matters addressed in the Settlement Agreement, the
standards and specification. of the official Collier County Land Development Code shall
apply to this project. The developer, his successors and assigns shall be responsible Ibr the
commitments outlined in this document.
The developer, his successors 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
of modifications as may be agreed to for the rezoning of the property. In addition. the
developer will agree to convey to any successor or assignees in title, any comnfitments
within this agreement.
5.3 P.U.D. MASTER PLAN
A. Exhibit A, P.U.D. Master Plan (WMB&P, Inc. File No RZ-206a) is an iljustrative
preliminary development plan. The design criteria and layout iljustrated on the
Master Plan shall be understood to be flexible, so that, the final design may satisfy
project criteria and comply with all applicable requirements rifthis ordinance.
B. All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities.
C. Site dcsign rclirmmcnls shall be pcnnittcd sub. jcct to County stall' adminislr;~live
approval. wilere such changes are consistent with tile intent of this i~.U.I). and do
not cause significant impact to surrounding properties. An'~endrnents to the P.U.D.
Master Plan and document shall be accomplished in accordance with Article 2.
Division 2.7, Section 2.7.3.5. of the Collier County Land Development Code or its
successor provision.
10/I/v7-29611 Vef 0l~-BTyso~
N0'llT.-001.-000-P.7373
5.4 POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code or its successor provision, accommodation shall be made for the thture
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. This agreement shall provide for said community recreation/public
building/public room or similar common facility to be used for a polling place if determined
to be necessary by the Supervisor of Elections.
5.5 MONITORING REPORT
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7. Section
2.7.3.6. of the Collier County Land Development Code or its successor provision.
5.6 T!~.ANSi'OI~,TATION
The development of the PUD Master Plan shall be subject to and governed by the !bllowing
conditions:
A. The Developer, his successors or assignee shall provide local level street lighting at
all project entrances.
B. The Developer, his su. ccessors or assignee shall be responsible fbr the payment of
impact fees for both the excavation phase of the development and liar the lot
development at the rates and in the manner stipulated by Ordinance 92-22.
C. All entrance turning radii should bc at least 50 ti2ct to adcommodatc the larger
vehicles expected in this type of development.
D. Work within and in~provcmcnts to S.R.. 951 shall be coordinated with and permitted
by the Florida Department of Transportation.
5.7 WATER MANAGEMENT
The development of the PUD Master Plan shall be subject to and governed by the Ibllowing
conditions:
NOll~-O(II-0OO-P.TJTI
A. The Developer, his successors or assignee shall adhere to the requirements of
Exhibit E - "Conceptual Drainage Design Criteria" of the Stipulations for Dismissal
and Settlement Agreement dated July 20, 1982.
B. Should the South Florida Water Management District, or any other agency, during
its review process require significant changes to be made to the site plan and/or the
water management facilities, Collier County reserves the fight to re-review the
project and have it heard by the Environmental Advisory Board.
C. A twenty (20) foot maintenance easement shall be provided to allow maintenance
access to the lake.
D. A littoral shelf shall be provided on the lake equal to 10% of the shoreline. The
type, quantity and spacing of plants shall be submitted to Project Review Services
for approval.
E. The commercial excavation permit cannot be issued until the l'lanncd Unit
Development Petition No. PUD-92-6 is approved by the Board or County
Commissioners.
5.8 I).I]I.,LT.hF.,8
The development of the PUD Master Plan shall be subject to and governed by the following
conditions:
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed. constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance No.
88-76, as amended, and other applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities to
be constructed will be customers of the County and will be billed by the County in
accordance with the County's established rates. Should the Count>' not be in a
position to provide water and/or sewer service to the project, the water and/or sewer
customers shall be customers of the interim utility established to serve the project
until the County's off-site water and/or sewer facilities are available to scr,,'e the
project.
C. The on-site water distribution system to serve the project must be consistent with
the main sizing requirements specified in the County's Water Master Plan and
extended throughout the project. During design of these facilities, the following
features shall be incorporated into the distribution system:
ICYlfi?-29(,I~ Vet Oll-BT)l(x~
1. Dead end mains shall be eliminated by looping the intemal pipeline
network.
2. Stubs for future system interconnection with adjacent properties shall be
provided at locations to be mutually agreed to by the County and the
Developer during the design phase of the project.
D. The existing off-site water facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent with
the 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 existing off-site sewage transmission facilities ofthe District must bc evaluated
for hydraulic capacity to serve this project and improved as required outside the
projects boundary to provide adequate capacity to transport the additional
wastewater generated without adverse impact to the existing transmission thcilities.
5.9 ENGINEERING
The development of the PUD Master Plan shall be subject to and governed by the fi~llowing
conditions:
A. The Developer. his successors or assignee shall adhere to all requirements of the
Dedication dated October 3 !, 1990 between Wilbur M. Christiansen. Jr. and (';arv I,.
Danca and Collier County as recorded in O.R. Book 1572, Pages 2253 through
2257.
B. The Developer, his successors or assignee shall adhere to all applicable
requirements of the Stipulation for Dismissal and Settlement Agreement dated July
30, ! 982.
5.10 ENVIRONMENTAL
At such time as the Developer, his successors or assignee has prepared Iinal construction
plans (site development ph'ms. construction plans/plat) for any phase or the proposed
development, the Developer, his successors or assignee shall submit such plans to the
Florida Department or Environmental Regulation. South Florida Water Management
District, and the Conservancy Inc. in accordance with the provisions of the "Stipulation tbr
Dismissal and Settlement Agreement" dated July 20, 1982.
10/1~7.2061B Vet 01t-BTys~n
NO237-OOI-OOO-p. TlTJ
5.11
The Commercial Earth Mining and TTRV uses are to be independently subject to the time
limits set forth in Section 2.7.3.4 of the Collier County Land Development Code, so that
each use shall require compliance with said provision of the Land Development Code.
Should either primary use fail to meet the criteria set forth for project commencement in
earnest, then the entire PUD shall be subject to review under Section 2.7.3.4.
Vet OIt-BTyf, otq
.5'5
NO2IT-CQI-OOO-P-7)TI
NAPLES
RAI'Tt, E~,NAKE-HAMI, IOCX
TREATMF~T
·PROPERTY
-,A,' SHERIFF SUBSTATION o · I 2 4 ~
FIRE DEPARTMENT ~ I', ?"', I "] ·
in miles
SCHOOLS
I. LELY ELEMENTARY SCHOOL
2. EAST NAPLES MIDDLE SCHOOL
3. LELY HIGH SCHOOL N EXHIBIT D
4ml,,