Ordinance 95-05 ORDINANCE NO. 95- 5
AN ORDINANCE AMENDII~G ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCIJJDES THE COMPREHENSIVE ZONING REGUlaTIONS
FOR THE UNINCORPORATED AREA OF COLLIER CO~
FLORIDA, BY AMENDING THE OFFICIAL ZONING A
MAPS NUMBERED 8631N AND 8631S; BY CHANGING
ZONING CLASSIFICATION OF THE HEREIN DESCRII
wIT ozv x,,rz oWH AS Z SIRE
LAKES PUD, FOR PROPERTY LOCATED NOR~rH OF
VANDERBILT BEACH ROAD (CR-862), ADJACENT AND
or THz I-7 Ri -wAY, IN SECTION
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 246.41~ ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER
93-34, THE FORMER WILSHIRE LAKES PUD; AND BY
PROVIDING All EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of McAnly, Asher and Associates,
P.A., representing John N. Brugger and Delores Deeks,
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:
The zoning classification of the herein described real
property located in Section 31, To~qqship 48 South, Range 26
East, Collier County, Florida, is changed from "A" and "PUDs
to wPUDw Planned Unit Development in accordance with the
Wilshire Lakes PUD Document, attached hereto as Exhibit "Aw
and incorporated by reference herein. The Official Zoning
Atlas Haps Numbered 8631N and 8631S, as described in
Ordinance Number 91-102, the Collier County Land Development
Code, is hereby amended accordingly.
Ordinance Number 93-34, as amended, known as the
Wilshire Lakes PUD, adopted on June 22, 1993 b~ the Board of
County Commissioners of Collier County is hereby repealed in
its entirety.
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this ~F day of
O~,~'~"~__ , 1995.
/
BOARD OF COUNTY COMMISSIONERS
~ M[TEWS, CHAIRMANETTY
DWICHT E. BROCK, CLERK /M E ,~.
AND LEGAL SUFFICIENCY
PUD-94-8 ORDINANCE/12785
TNI ordlnonce f|le~ with the
SIc tory of ,S te's Office the
fill received this/' mb c~
-2-
WILSHIRE LAKES
A
PLANNED UNIT DEVELOPMENT
PREPARED FOR:
JOHN N. BRUGGER, TRUSTEE
& DE'LORES DEEKS
PREPARED I~:
McANLY, ASHER & ASSOCIATES, RA.
PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS
5101 TAMIAMI TRAIL EAST
SUITE 202
NAPLES, FLORIDA 33962
DATE FILED 9/'21/94
DATE REVIEWED BY CCPC 1/5/95
DATE APPROVED BY BCC 1/24/95
ORDINANCE NUMBER
EXHIBIT 'A'
WILPUDS.DOC
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS, AND TABLES I
STATEMENT OF COMPLIANCE &SHORT TITLE II
SF_,CTION I PROPERTY OWNERSHIP &DESCRIPTION I-1
SECTION H PROJECT DEVELOPMENT !I-I
SECTION 111 RESIDENTIAL DEVELOPMENT IH-I
SECTION IV COMMONS/RECREATION AREA IV-I
SECTION V NATURAL AREA V-I
SECTION V! BUFFER AREA VI-I
SEC~ON VII DEVELOPMENT COMMITMENTS VII-I
LIST OF EXHIBITS, TABLES
TABLE I RESIDEINTIAL DEVELOPMENT STANDARDS (Pale !11-7)
EXHIBIT A Planned Unit Devdopment Master Ran (Prepsred by MeA nly, Ashet & Associstn, EA.)
EXHIBIT B Planned Unit Development Tract Map (Prepared by Me. AMy, Ashet & Associates, P.A.)
EXHIBIT C Retained Native Vegetation Plan (Prepared by McAnly, Ashet & Associates, P.A.)
s
STATEMENT OF COMPLIANCE
The development of approximately 246 acres of property in Collier County, as a Planned Unit
Development to be known as Wllablre Lakes will be in compliance with the planning goals and
obJ~ttves of Collift Com~ as m forth in d~e Comprd~emive Plan. The residemid and
facilities of Wil~tre Lakes will be consistent with the growth policies, land development regulations,
and applicable comprehemive planning obje~tives for the following reuons:
1) The subject property b within the Urban P, esidemLal ~ Use Designation u identif~l on die
Futore LInd Use Map as re:Zuired in Objective !, POI|c7 J.l =~1Polic7 J.3 of the Fm l. Jnd
Use Element.
2) The subject propeny's location in relation to existing or proposed community facilities and
services permits the deveiopmenrs resklenttal density as required in Objective 2 of the Future
Land Use Element.
The proposed resklemlal density of 2.2 dwefllng unhs per gross acre is substantially less than
that defined by the Density Rating System in the Future Land Use Element. Policy 5.1 of the
Future Land Use Element requires that new residential zoning be at a density equal to, or
than that defined by the Density Paring Slatere.
4) The project development is compatible and complementary to existing and future surrounding
land u~es as required in Policy 5.4 of the Future Land Use Elm.
5) Improvements are planned to be in compliance with applicable provisions of Collier County's
Land Development Code, as set forth in Objective 3 of the Future La~d Use Element.
6) The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3.1.H and L of the Future Land Use Element.
7) The project development is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as set forth in Ordinanc~ 90-10 and
Coiltar County's Land Development Code as required by Objective 1.5 of the Drainage Sub-
Element of the Public Facilities Element.
SECTION 1
PROPERTY OWNERSHIP AND DESCRIIrrION
I. I PURPOSE:
The purpose of this Setion Is to m for~ the location and owneshtp of the property, and to de~ribe
the exIsting conditions of the property proposed to be developed under the projet name of Welshire
Lakes I~D.
1.2 LEGAL DESCRJPTION:
The subJet property being 246 Ktu, Is described as a parcel of land located in Setion 31, Township
48 South, Range 26 East, Collier County, Florida, more particularly described as follows:
Commence at the Southwest corner of Setion 31, Township 48 South, Range 26 East, Collier County,
Florida and run South 89'56'!7' East along the Southerly line of said Setion 31 for 2639.69 feet to
the South Quarter Corner oftaid Setion 31; thence run North 02'09'03' Wut for 150.15 feet to the
Northerly Right-Of-~V'ay line of Vanderbilt Beach Road and the POINT OF BEGINNING; thence run
North 89'55'25" West for 659.97 feet; ther~:e run North 02'10'04' West for 517.30 feet; thence run
South 89*56'39' East 660.11 feet; thence run North 02'09'03' West for 1335.01 feet; thence run
North 89'57'13* West for 661.68 feet; thence run North 02'16'08' West 667.52 feet; thence run
North 02'07'05' West for 334.02 feet; thence run South 89'57'43' East for 496.84 feet; thence run
North 02'11'39' West for 334.10 feet; thence run South 89'58'05' East for 165.47 feet; thence run
North 02'!3'10' West for 668.22 feet; thence run North 89'58'48' West for 1321.56 feet; thence run
North 02'13'08' West for 667.42 feet; thence run North 89'57'43' West for 660.76 feet; thence run
North 02'13'11' West for 667.63 feet; thence run South 89'56'37' Fast for 1982.15 feet to the North
Quarter Cornet of raid Setion 31; thence run South 02'13'i0' Eat for 333.50 feet; thence run South
89'57'!0' East for 898.59 feet to the tnteneclion with the Westerly Right-Of-Way of interstate 75 and
a Non-tangential intersection with a curve conraved to the Northeaterly; thence run 1120.75 feet along
Mid RIght-Of-Way and the arc of a curve having a radius of 11621.16 feet, a central angle 05'31'29',
a chord of 1120.32 feet and a chord begins of South 15'34' 17' East to a point of tangency; thence run
South 18'20'08' East for 3002.74 feet to a point of curv-'ture of a curve concaved Southeasterly;
thence run 896.33 feet along the arc of said curve having a radius 0f7477.44 feet, a central angle of
06'52'05', a chord of 895.79 feet and a chord bestial of South 14'54'05' East to the intersection with
the Northerly Right-Of-Way !the of said Vsnderbilt Beach Road; thence run North 89*56' 17' West
along said Northerly Right-Of-Way line for 519.60 feet to a point of curvature of a curve concaved
Southeasterly; thence run 538.70 feet alonl the are of said curve having a radius of 5729.58 feet, a
central angle of 05.23'13', a chord of 538.50 feet and a c~ord bearing of South 87'22'07' West to a
point of rangehey; thence run South M'40'30" West for 99.55 feet to a point of curvature of a curve
concaved Northwesterly; thence run 538.70 feet along the arc of aid curve having a radius of 5729.58
feet, a central angle of 05'23'13 ', a chord of 538.50 feet and a chord bearing of South 87'72'07' West
to a point of tangency; thence run North 89 '56'17" West for 494.64 feet to the Point of Beginning,
containing 246.41 acres mote or
1.3 PROPERTY OWNERSHIP:
The subject property is currently under the ownership of John N. Brugger, as Trustee, and Delores
Decks.
1.4 SHORT TITLE:
This Ordinance shall be known and cited as the °Wilshire Lakes Planned Unit Development
OTdinance.'
!..5 GENERAL DESCRIPTION OF PROPERTY AREA:
A. The Foject she b located in Section 31, Township 48 South, Range 26 East. Furthermore, the
subject propes~ is located north of Vanderbilt Beach Road, adjacent and to the west of the 1-75
Right-Of-Way. (See Vicinity Map on following page)
B. The soninl clusl~cation of the subject property prior to the date of this approved PUD
Document was PUD nnd A, Agri~lt~n't
! .6 PHYSICAL DESCRIPTION:
The project site is Iotaled adjacent Ind to the north of Vanderbilt Bcach Road, and adjacent and to the
west of ~e 1-75 Right-Of-Way. The project site lies in the tributary buin of the D-2 Canal tributa~,
of the Golden Gate Canal System, with ultimate outfall into Naples Bay via the Gordon River. Existing
alerations range from + 11 to + 13.3 N.G.V.D.
The water management system sening Wilshire Lakes PUD coraists of lakes and natural ueas which
receive all runoff from the ruidemlal arm, roads, and natural arm. Runoff is collected from the
roads and residemini arm by catch basin and culvetl systems. Runoff from buffer and natural arm is
directed into grassed swales and catch basin and culvert systems for conveyance to the preserve areas
and lake system.
The soils found within the project boundaries include Boca Fine Sand and Pineda Fine Sand, limestone
suMtratum. Soil characteristics wife derived from the Soil Survey of Collier County, Florida, issued
by the U.S. Department of Agriculture on December 10, 1990.
1.7 PROJECT DESCRIPTION:
The Wilshire Lakes PUD shall be a single/multi-family residential development with diverse
recrmional amenity opportunities. The amenkies proposed to be provided in the project Include, but
are not limited to structures designed to provide social ar, d recreational apace, lakes, natural and
landscaped open spaces, and a wide variety of outdoor recreational opportunities. Each individual
single-family Ira, and each multi-family parcel will he served with publicly pawkind utilities, including
potable wmer, sewer and dectrlcity. Also, additional Hrvices will be provided as deemed appropriate.
i-2
R 25 E R 26 E
'!" .~.,~ " m
R 25 E I R 26 E
P~PA~D BY ~c~Y, ASttBR & ASSOCIKrBS, P.A
MAP 8OU~CB: CO~I~R COUNTY LONG RANCB P[,ANN1NC D~PAI{'I'~I~N'I'
SECTION H
PROJECt DEVELOPMENT
2. l PURPOSE:
The Imrpos~ of this Section is to delineate and generally descri~ the project plan of development, the
rssplctlve land uses of the tracts included in the project, u well u the project ulterla for Wllshire
~ 22 CIENERAL:
A. Regulations for development of Wilehire Lakes PUD shall be in accordance with the cements
of this document, PUD-planned Unit Development Dtstria, 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 men similar district in the Land Development Code shall apply.
: B. Unless othenvise 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 of Building Permit
application.
C. All conditions Imposed and all graphic material presented depicting restrictions for the
development of Wilehire Lakes PUD shall become part of the regulations which govern the
manner in which the PUD site may be developed.
D. Development permitted by the approval of this petition will be subject to a concurrency review
under the provisions of Division 3.15 of the Collier County ~ Development Code.
2.3 PROJECT PLAN AND LAND LtSE TRACTS:
A. The project Master Plan, including layout of streeu and general depiction of land use, is
iljustrated graphically by Exhibit 'A', PUD Mater Plan. The project Tract Map identifies
approximate acreage and !and use of the various tracts, and is Hjustnted graphically by Exhibit
'B', PUD Tract Map. There shall be land use tracts, plus neceasaty water management lake,
street rights-of-way, the general configuration of which Is also iljustrated by Exhibit 'A".
Mtnot modifications to all tracts, lakes or other bcmndaries and acreage may be permitted at the
time of Preliminary or Final Subdivision Plat or Site D~-velopment Plan approval, subject to the
provisions of Section 2.7.3.5 of the Collier County Land Development Code.
TYPE UNITS ACREAGE~
· TRACT "A" RESIDENTIAL 552 118
TRACT "CR" COMHONS 0 61
TRACT "}IA" NATURAL AREA 0 58
TRACT "B" BUFFER 0 9
11-1
B. Arm iljustr~_-cl_ as lakes or lake/recreation area by Exhibit 'A' shall be constructed lakes or,
upon approval, parts there of may be constructed as shallow, dry depressions for water
~ detention proposes.
In addition to the va:bn areas and specific items shown in Exh~it "A' and Ex~it 'B', such
eaements (utility, private, semi-l:mblic, common use, etc.) shall be enablished within or along
the various tracts as required.
· 2.4 MAXIMUM PROJECT DENSITY:
A maximum of 552 residential dwelling units, single and multi-family, shall be constructed in the total
project area. The grms ptojea area is approximately 246 acres. The gross project dens itT, ther~t~re,
will be a maximum of 2.2 units pet acre.
2,5 PROJECT PLAN APPROVAL REQUIREMENTS:
A. Prior to the reco~linI of a Subdivision Plat, and/or Condominium Plat for all or part of the
PUD, final pin of all required imptm, nnentl shall receive ~ of the appropriate Collier
Ccmnty gavetmnental alehey to insure compliance with the PUD Master Plan, the County Land
Development Code and the platlinI laws of the State of FIo~Ma.
B. Exhibit 'A', PUD Master Plan, constitutes the required FUD Development Plan. Subsequent
to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be
submined for the entire area cove~ed by the PUD Master Plan. Any division of property and
the development of the land shall be in compliance with the County ~ Development Code,
and the platting laws of the State of FioTida.
C. The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts, or parceb of land as provided in
said Division prior to the issuance of a building permit or other development order.
D. The development of any tract or parcd apprtrved for residential development contemplating fee
simple ownership of land for each dwelling unit shall be required to submit and receive
approval of a Prdjminary Subdivision Plat in conformance with the requirements of Division
~i 3.2 of the CoiHer County Land Development Code or prior to the submittal of construction
: plans and plat for any portion of the tract or parcel. Exception to thla provision shall be
granted if development proposed for a tract or parcd will comply with the provisions of Sub-
seclions 3.2.7.4 or 3.2.7.5 from Collier County's Land Development Code.
E. Appropriale instruments will be provided at the time of infrastructural improvements rqarding
any dedications and method for providing perpetual maintenance of common facilities.
2.6 GENERAL DESCRIPTION OF RESIDENTIAL DEVELOPMENT:
Arm designated for residential land uses on Exhibit 'A' are d~igned to accommodate a full range of
residential dwelling types and customary acceunry uses.
Approximate acreage~ of all residentiaJ tracu have been indicated on Exhibit 'A". and Exhibit "B'. in
order to indicate relative size and distribution of the residential uses. These acreages are based on
conceptual designs and must be considered to be approximate. Actual acreages, configurations and
densities of development tram will be provided at the time of development pl:m approval in accordance
with Section 2.5 of this Document.
!i-2
2.7 D!~ICATION AND MAINTENANCE OF COMMON FACIL~'IF.S:
Eannn~ shall be provided for water management areas, rights-of-way, utilities and other purposes as
required.
!?! All nee. nsary easements, dedications, or other instruments shall be granted to insure the ~ontlnued
~. opention and maintmance of all s~tvice utilities in compliance with applicable regulations in effect at
A property owners organization shall be created and shall be railned responsibility for operation,
tnaint~-,i~ce and manalto of all nmm'xmly owned lands, facilities and watch within the project.
· ' 2.S MODEL HOMES:
Model Ix)men, and modal home lain cemers shall be permitted as provided for in Sub4ection 2.6.33.5
from Collier County's !.and Devdopm~nt Code.
II-3
SECTION HI
RESIDENTIAL DEVELOPMENT
3.1 PUR-°OSE:
The purpose of this Section is to identify specific development standards for arm proposed to be
developed with residgntlal land usa. This Section will set fords five development criteria which
esublish the meam to improve residetxlally designated lands with a/I forms of residemid prodam,
3.2 MAX]MUM DWELUNG UNITS:
The maximum number of residential dwdling units allowed within the PUD shall be established at the
time of devdopmem plan review, but shall not exceed 552 dwelling units.
3.3 USES PERMFITED:
The type of principal use tha~ chancterizes the initial development of any platted Iract shall be carried
throq~lhom Ihe development of that entire tract. No building or structure, or pan thereof, shall be
altered or used, or land used, in whole of part, for other ehan the following:
A. Principal Uses:
1) Single family housinl.
2) Multi-family housing.
3) Model Homes (See Section 2.8 of this PUD Ducumem).
4) Cjuster development, subject to Ihe cjuster development requirements contained in
Collier County's Land Developmere Code in effect at the tlnm of Site Development
Plan approval. The ~ space attendam to the application of cluncr homing is deemed
misfled by virtue of the open ~a~e provided over the emirny of the PUD.
5) Principal uses identified in Section 4.2 of this PUD Document.
B. Aocessory Uses:
I) Cuatomary accessory uses and nructures including but nol. limited to private garages,
tennis facilities and swimming pools with or without screened enclosureL
2) Accessory uses and structures customary in multiple family residential projects,
including private garages, recreational buildinp, ~quipmem and associated facilities.
3) Utility facilities and, or easements (including rights-of-way easemems).
4) Signage.
I!I-I
5) Project saga and administrative offices, which may occur in residential or recreational
Imlidingt
6) Water management fuilitles/lakes.
~) Development excavations u provided for by Collier County's excavation teplmions
(Collier Count7 Land Development Code, Division 3.~). All lakes Itemer th~ two (2)
acres may be excavated to the maximum commercial excavatiou depths set forth in
Section 3.5.7.3.1, however, removal of fill from Wilshire takes shall be limited in an
amount up to 10% (to a maximum of 20,0OO cubic yards), unless a commercial
', exc,wmion permit is received.
3.4 RESIDENTIAL LAND USE INTO: The mixing of single family detached housing units with
any other form of multiple family housing structures shall not be permitted within the satne platted tract
of land where platted tram exbt, of on lots platted for the expreaed purpose of accornmodating the
placement of a single family detached housing unit.
3.5 DEVELOPMENT STANDARDS:
A. GENEILAL: At the dine of application to Collier County for residential devdopment orden
(ie: Preliminary Subdivision Plat, Subdivision Construction Plan, or Site
Development Plan, whichever applies), the applicant(s) shall identify which
residential development standards set forth herein shall be conformed with.
Except where noted, all criteria listed below shall be understood to be in
relation to individual parcel or lot boundary lines or between buildings.
Setback/yard requirements set forth below shall not apply to interior phase
boundaries not interior condomtnlum/~'s association(s) boundaries.
B. DEFINITIONS:
R-I: Typical,large lot, detached single family development.
R-2: Detached/semi-attached altern,,ive single/two-family developmere.
R-3: Multi-family developmere.
R-4: Townhouse development.
R-S: Cjuster developmere. (See Seclion 3.6 or' this document).
C. MINIMUM LOI' OR PARCEL AREA:
I) R-l: 6,000 square feet per lot.
2) R-2:4,000 square feet per lot; or 4,000 square feet per dwelling unit for a two--f~mily
structure.
3) R-3: One (I) acre.
4) R4:1 ,O00 square feet for single saory units; 1,200 square feet for two C2) story units.
However, each dwelling unit shall have a gross area relationship within a unified plan
of development so that no lea than 3,500 square feet of parcel area is attributable to
each dwdltnIumt.
11[-2
D. MINIMUM LOT/PARCEL WIDTH:
, I) R-I:
a} Cornet' Lots: Seventy (70') feet.
b) Inte'Jor I.~ts: Sixty (60') feet.
2) R-2: Forty (,10') feet per lot/residential dwelling unit.
3) R-3: One-hundred (100') feet,
4) R4: Lot width may be the same width as an individual dwelling unit within the
~ sum:rare. Parch width shall be determined at the time of devdopmem plan
.~ review, beat shall be no less th.m one hundred (100') feet.
~!* E. MINTMUM YARD REQUIREMENTS:
!) R-l:
Front yard: Twenty-five C25') feet.
Side yard: Seven and one half C/.5') feet.
Rear yard: Twenty (20') feet.
Accessory use/structure from yard: Same as principal structure.
Accessory use]structure side yard: Same as principal su'ucture.
Accessory structures which are attached to the principal structure may have the
same side yard setback as for principal structures.
Accessory use rear ya:d: Ten (10') feet*.
2) R-2:
Development envelopes shall be established and depicted on Improvement Plans and
Final Plat to ensure the r, patial arrangement of principal uses are consistent throughout
the development parcel.
Front yard: Twenty C20') feet.
Side yard: Zero to five (0-5') feet on the zero lot line side; a roof overhang not
to exceed thirty (30*) inches shall be allowed, subject to the recording of x
three (3') fc~t easement.
Rear yard: Fit~een (15') feet.
Accessory use/structure front yazd: Same as principal structure.
Accessory (detached) use/structure, side and rearm yard: Five (5') feet.
Accessory (attached) use/structure, side and rearm yard: Same as princjpai
Minimum distance between structures on different lots or parcels: Ten (10') feet.
111-3
Front yard: TWenty-f~ (2~') feet.
Side yard: Fled~en (15') fe~.
Rear yard: Twenty (20') feet *.
A~zssoty me/ms:ms f~o,~ yard: San~ m principal structure.
A~r, essory me/sm~ture side yard: Same as prtn~pal structure.
Ae~$sury use rear yard: Ten (10') feet'.
A distance of fifteen (15') feet, or one-half (1/2) the sum of the heighu of adjacent
stnuma'm, whk~evet is Itemlet, shall be mainuined between su'uctures.
· 4) R-4:
Setbacks for aide and rear' yards shall be measured from parcel boundaries. A
minimum distance of fifteen (15') feet, or one-half (%) the sum of the heights of
adjacent residential buildings, whichever is greater, shall be maintained between
From yard: Twenty (20') feet.
Side yard: Seven and one-half (7.5') feet. or one-half ('A) the sum of the
k, tghts of adjacent r~idential buildings, whichever is greater.
Rear y'axl: Twemy (20') feet*.
Acceasocy use/structure from yard: Same as principal structure.
Accessory use side a~d rear* yards: Five (5') feet.
* - Rear Yard: A parcel or lot boundary which abuts a natural area designated for preservation: z~o (0)
feet, provided buff~rinl required by South Florida Water Management Distri~ is accommodated.
Where a parcel abuts a lake: zero (0) feet may be aftowed provided approval is obtained from Project
Plan Review at the time of subdivision Consu-actkm Plans submittal.
R MINIMUM FLOOR AREA:
1) On~ Swry Single Family Sm~cmrcl: One Thousand (10(X}) square fete.
2) Two S|ory Single Family SIr~cmres: One Thousand Two Hundred (1.200) ~qua~e feet.
3) Multi-family S~ruclures: Seve~ hundred-fifty (7S(}) square feel
a. OFF-STRELrr PARKING AND LOADING REQUIREMENTS:
As required by Collier County's Land Development Code in effect at the time of building
permit application, however, egress onto any stree~ for rasidentlai units, with strucxurally
auached prag~, shall be the same as for single and two family residential dwellings.
H. MAXIMUM HEIGIIT:
1) R-3 buildings: principal structure - thirty-five (35') feet.
2) All ix, her principal structures - thirzy (30') fee~.
3) Acceu~ry Structure - fifteen (15') feci, except pool enclosures which may be twenty-
five C2S') fee~.
!114
I. LANDSCAPING AND BUFFER/NG:
Unless otherwise specified in this Section, landscaping shall be in accordance with Collier
CosneTs landscaping requirements in effect at the time of trending permit application.
J. REQUIRED LANDSCAPING AD,/ACENT TO VEHICULAR RIGHTS-OF-WAY:
Landscaping adjacent to vehicular rights-of-wa shall be in accordance with Coillet County's
Land Devdopment Code In effect at the time o~t'~ildinf permit application.
K. REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING:
Interior landscaping perlslnlnI to vehicular use areas shall be in accordance with Collier
County's Land Development Code in effect at the time of beilding permit application.
L. VEHICULAR OVERHANG OF LANDSCAPED AREAS:
The from of a vehicle may overhang any landssped area a maximum of two (2') feet, provided
the landscaped area is protected by motor vehicle wheel stops or curbing. Two feet of such
lands~ area or walkway may be part of the required depffi of eac~ abutting parking space.
3.6 CjustER DEVELOPMENT:
Cjuster development (R-5), may only utilized for R-I and R-2 uses on any residentgaily designated
lands in the Wllshire Lakes PUD subject to the provisions of Sub-seclion 2.:5 C. of this document.
Cjuster development standards shall be as set forth in Collier County's Land Development Code in
effect at the time of Site Development Plan appronl(s). The open space attendant to the application of
cjuster housing is deemed satisfied by virtue of the open space provided over the emirsty of the FUD.
3.7 GENERAL APPLICATION OF SETgACKS: From yard setbacks shall comply with the following:
A. if the parcel is served by a public or private right-of-way, setback is measured from the
adjacent right-of-way line.
· B. If the parcel is served by a non-platted private drive, setback is measured from the back of curb
or nile of pavement.
C. if the parcel is served by a platted drive, setback is measured from the road easement or
property line.
D. When pdnctpal buildings front upon a common parking area, which in tun from upon · public
or private right-of-way or non-platTed drive, · minimum distance of ten (10') feet shaJI separate
the principal building and any rdated parking facility, and a green belt often feet shall separate
said fight-of-way, or other non-pined private drive from the common parking area. Thb shall
not prohibit ~e amachment of enclosed parking Struc'ture~ to the principal residential structure.
!II-5
3.g MAID/GUEST QUARTERS:
Maid/guest quarters, with secondary kitchen facilities Or.. kitchenette), shall be permitted for R-i, R-2
and R-5 devdopmem, subject to the folk/wing ~, which shaft be recorded as deed restrictions:
<.
:.' A. A dwelling unit containing less than two thousand f'we hundred (2,500) square feet of livtng
aras shall be limited to o~ (I) primary kitchen. A dwelling unit containing two I~sand f'we
hundred (2,500) of living area, or greater, may have · second primat7 kitchen provided all
rooms arm internally acceuible.
B. Maid/pat q~arten shall only be occupied by the property owner, dorn~tic employe~ of the
C. MaMIput quartm are not · separate dwelling unit, and therefore ray not be sold, leased,
rented, interest transferred or conveyed in any way so as to separate said quarters from the
rasidentlal unit.
RESIDENTIAL DEVELOFIHENT STANDARDS
TABLE I
DL'VELOPHENT
; BTANDARDS R-X R-2 R-3 R-4
PfZNZI~ LOT/! 6,000 Slm* 4,000 S!s* ONE ACRE 1,000 SF
P,~RC*gI. A,RF..A PER LOT PER LOT PER PARCEL See 3.5 C.4)
IIINX!fU~ LOT 70*CORNER 40 FEET 100 FEET SAPIE WIDTH
WIDTH 60*lIFt. PER LOT PER PARCEL 2g.S UNIT
FRONT YARD 25 FEET 20 FEET 25 FEET 20 FEET
RF~UIRDdIENT
SIDE YJ~RD 7.5 FEET 0-5 FEET 15 FEET * 7.5 FEET
REQUIRE~IENT
RF..AR YARD 20 FEET 15 FEET '0 20 FEET * 20 FEET
REQUIREI~IENT ** APPLIES TOO
ACCESSORY
FRONT 25 FEET 20 FEET 25 FEET 20 FEET
SIDE 7.5 FEET 0-5 FEET 15 FEET 7.5 FEET
REAR oo10 FEET 005 FEET 00 10 FEET 00 5 FEET
HININUN 1,000 SF I STORY 750 SF SAI4E AS R-1
FL4DOR AREA 1,200 SF 2 STORY AND R-2
DIST. BETWN. 15 FEET l0 FEET 15 FEET OR 15 FEET OR
PRINC. STR. tt SUI~ OF HT !t SUt4 OF HTS.
Y. AX. BLDG. 30' PRIN. 30' PRIN. 35' PR~IN. 30' PRIN.
HEIGHT e15' ACC. o15' J~CC. o15' /~CC. o15' XCC.
NOTES: Cjuster hottsinl~ development standards are set forth in Section 3.6.
: Setbacks for ude and r~ar yards ~ be measured from parcel boundaries.
· A parcel or lot boundary which abuts a natural area designated for
reservation: zero (0) feet, provided buffering required by South Florida
~-tter Management District is accommodated. Where a parcel abuts a lake:
zero (0) feet may be allowed provided approval is obtained irrom Project Plan
Review at the time of subdivision Con~o~ Plans submitUd.
O Pool enclosures my be twenty-five (25) feet.
1) Customary sccessory uses or structures incidental to recreational ar~s and, or
facilities, mc uding structures for purposes of maintenance, storage,
retreation or shelter with appropriate screening and landscaping.
4.3 DEVELOPMENT REGULATIONS:
A. Overall site design shall be harmonious in terms of !andscaptn , enclosure of
s~ructures, location of ~ streeU and parking areits, and location o~!~ffer a~as.
B. All re~eational buildings shall be setback a minimum of thirW (30) feet from all pan:el
b~undaries. A facilitie~ and uipment shall maintain a minimum distance of
C. Buildinl~s shall be setback a minimum of fifty (50) feet from abutting, off-site
residentzally zoned districts, and a minimum ten (10) foot landscaped, maintained
buffer shall be provided.
E. Lt!~hting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direc~ ghre, or olher interference.
E A Site Development Plan in compliance with the Development Regulations shall be
O. l~hximum Height:
1} Principal Structure: Thirty-five {35) feet.
2) A_cces__~ry Structure: Fifteen (15) feet.
H. Minimum Off-Street Parking And Loading:
1 ) Recreation Areas: One (1) space for each 200 square feet of gross floor area.
2) Loading Areas: As required by the Land Development Code at the time of Site
Development Plan approval.
IV-2
SECTION V
NATURAL AREA
The pu se of this Section is to set forth the development plan for the arm desi nated as
Tract '~A"s, Natural Area on Exhibit 'B'. The primary function tnd purpose of this ~ will
be to preserve and protect native flora and fauna in it's natural state.
5.2 USES PERMH'r]~:
Elevated boardwalks ma be constructed in the various preserve areas for the purpose of
enjoyment of the naturaiYamenities by the residents of the project, subject to receipt of
approixia~ permiu.
REQUIRED ACREAGE
· A minimum of 56 acres of native vegetation shall be provided within the Wilshire l ~l..~ PUD
in compliance with Exhibit "C' and Sectkon 3.9.5.5 of the Collier Cot~nty Land DTe~pment
Code.
SECTION VI
BUFFER AREA
6.1 PURPOSE:
The pu~,,se of the Section is to set forth the devel~rJnent lan for the areas designated as
Tract ' Buffer Area on Exhibit 'B'. 'll-act "B', ffer/~:~, is an easement intended to
protect project land usu from tbl e impacu from adjacent !and uses. 'll-ac't "B ' , Buffer
Area, shall not be construed to ~a al tract which must be platted, although it may. The
dev~ reserves the right to incl~N~meter !and use buffer areas in ruidential actcages.
Although no structuru other than those set forth in this Section may be located within buffer
easements, buffer easements are permitted to be included in yard requirements set forth
elsewhere in this document.
6.:2 USES PERMTTTED:
No structure or part thereof, shall be erected, altered or used, or land used, in whole or in
pan, for other than the following:
A. Principal Uses:
I) Landscaped buffer, existing native vegetated areas may be utilized and,
2) Earthen berms and, or;
Fences/walls: Nine (9) foc4 maximum hel ht; SUed only adjacent major
3) roadways, (i.e. 1-75 and Vanderbilt Beach f~ to
4) Signage.
B. Accessory Uses: Water, sewer and drainage facilities as required by the Final
6.3 SPECIAL BUFFERING:
of the right-of-wa to screen adjacent properties. ~uch buffering shall be instal~rc~man~
maintained as set Tc~ above.
VI-I
SECTION VII
DEVELOPMENT COMMITMENTS
7.1 PURPOSE:
The purpose of this Section is to set forth the development commitments for the development
of ~ project.
7.2 GENERAL:
Subdivision Plans, and adl applicable Sum ~KI local laws, codes ud regulations applkable m
this PUD in effect at the time of Building Permit application(s). Except where specifically
noted or stated o~erwise, the standards and speci~catsons of the current official County land
Development Cede shall apply to this project even if the land within the PUD is not lancd.
The Developer, his successor and assigns shaJ1 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 Mastcr Plan, and the rcgulations of the PUD as adopted, and any other conditions
or modifications as may be agreed to in the rezoning of the property. In addition, the
Developer will agree to convey to any succe~____qo_r or auignee in title, any commitments within
this agreement.
7.3 FUD MASTER PLAN:
A. Exhibit 'A", PUD Master Plan ilhustrates the proposed development, and ist~~z~,
in nature. Proposed tract, lot or land use boundaries shall not be construed
and may be varied at any sub.~quent ~ phase as may be ap ed at the time of
~! Preliminary Sub<Jivision Plat as provi~by Sub-section 2.7.~.5~.6 of the County's
Land Development Cede. Any substantial, insubstantial change shall be subject to
Section 2.7.3.5 of the County's Land Development Code.
B. All nazssary easement.% dedications, or other instruments shall be granted to insure the
con.tinued operation and maintenance of all service utilities and all common areas in the
projecL
Vll-I
7.4 SCHEDULE OF DEVELOPI~IT:
A development plan shall be submitted, where ,'equired, for any phase of development.
The Developer will obtain approval for improvement lans or a development order for
infrastructure im eraeats to :nclude utilities, road.~ andPsimilar improvements required by
qV-. d for at tss> t of of
subject to t · provisions of Section .5, 1xlow. The Devel.o~er reserves the right to develop
d t~ 7
portions of the oct, non-sequential development of perlions of the project, or the entire
pro~ect, as rr~r~t~emands change. Plattin of the eat:re PUD will be required. Phases of
evelopment may include construction o~residential, social or recreational facilities/
7.5 LIMITATIONS OF PLANNED UNTT DEVELOPMENT APPROVAL:
Sub-section 2.7.3.4 of Collier County'$ Land Development Cede shall be applicable to the
Wilshire l~kes PUD Master Plan upon the effective date of this PUD Ordinance.
7.6 ENGINEERING:
A. Detailed pavin , grading, site drainage and utility plans shall be submitted to Project
Plan Review Pt;r review. No construction permits shall be issued unless and until
approval of the propos~ construction in accordance with the submitZed plans is granted
by Project Plan Review.
B. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County Land Development Cede.
C. Am into each parcel shall be from internal roads only. No direct access to parcels
shall be allowed from Vanderbilt B~ach Road.
D. Work within Collier County Right-Of-Way shall meet the requirements of Collier
County Right-Of-NA'ay Ordinance 93-64. The multi-family tract and the single-family
~ Icx:ated in the south part of the project site shall maintain their access entrances a
m:nsmum of 180 feet from the right-of-way intersection of Vanderbilt Beach Road and
the main road of the project.
E. Lakes shall be maintained a minimum 100 feet from an right-of-wa line and a
minimum 200 feet from any wetland, subject to itting ~y the South ~ V~ter
Matml~ement District. A setback less than 100 ~t~ay be allowed provided that an
analyns for set!~ack is made based on the "Roadside Design Guide'.
7.7 UTILITIES:
A. Water distribution, sewage coilcerium and transmission facilities to serve the projet.'t are
to be designe~, constructed, conve ed, owned and maintained in accordance with
Collier County Ordinance No. 88-7~, as amended, and other applicable County rules
and regulations.
Vll-2
K 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.
C. The on-site water distribution system to serve the 'ect must be connected to the
DLstrict's 30 inch water main on the north side of ~lJerbilt Beach Road, extended
eastward to the no. st boundary line of the project consistent with the main sizing
incorporated into the distribution system:
1) Dead end mains shall be eliminated by looping the internal pipeline network, or
provided flushing hydnmts.
2) Stubs for future system interconnection with ad'acent properties shall be
ded to the west, and the north lines o~ the 'ect, at locations to
of the project.
D. The existing off-site facilities of the District must be evaluated for hydraulic ca 'ty to
sense this project and reinforced as _r~uired, if neces.mry, consistent with the ~nt'ty's
Water Master Plan to insure that the District's water s stem can hydraulically provide a
sufficient quantity of water to meet the anticipateYdemands of the project and the
District's existing committed capacity.
E. Prior to approval of construction documents by the County, the Developer must t
verification pursuant to Chapter 367, Florida Statutes, that the Florida Public ~
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 thwugh its
sewer facilities.
connect the project to the future central sewerage facililies of the District in the
Vanderbilt Beach Road rights-of-way. The force main must be extended from the main
on-site pump station to the north rights-of-way line of Vanderbilt Beach Road 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 centraJ sewer facilities becomes available.
7.8 TRANSPORTATION:
but shall not be located so as to impede traffic flow on
shall such facilities be located within the Vandcrbilt Beach Road rights-of-way.
B. The developer shall provide left and right turn lanes on Vandcrbilt Beach Road at the
project enwat,~e.
VII-3
C. The radius of development influence of this project will extend to Airporl Road, on tim
w~st, and CR-9:~ 1 on the east. The developer should be sine for a fair share
doubtful that this development would warrant a signal at it's-entr~ce on Vanderbilt
Beach Road, considering the ex traffic compared to the ultimate traffic the four
lane Vande:hilt lieach Road ctm did~t~. However, in the eventuaiity that some future
condition would necessitate a zighal at the project entrance, the Developer, assigns or
succetsors in interest should aim bear that responsibility.
D. The developer shall provide arterial level street lighting at the project entrance.
E. The developer shall rovide a sidewallrfoikepath along the entire Vanderbilt Beach
Road fronta e. At ~ time of the future four-lanin , corn sating right-~f-w'ay is
r~uired for ~"Izpat~sidewaik and turn lanes. A~:x~ingly, re'rage width or up to 15
feet shall be reserved for future road purposes.
~ F. The gate house shall be located so as not to cause vehicles to be backed up to
:~ Vanderbilt Beach Road.
G. The road impac/fee shall be in accordance with the schedule contained in Ordinance
92-22, or as it may be amended, and shall be aid at the time building permits are
issued unless otherwise approved by the Boazd otP~tmnty Commissienen.
H. Required access improvements are not eligible for im t fee credits, and except for
signalizatien, shall be in place before any certificates o~oc~t~pancy are issued.
I. All traffic control devices used, excluding street name signs, shall conform with the
Manual On Uniform Traffic Control Devices.
J. Access to Vanderbilt Beach Road shall be alesiC:ned and constructed so as not to
adversely affec: existing access to private parcels lying OilBide the PUD.
~,. K. The County reserves the right to cor~trol median opening locations under future multi-
~ laning of Vanderbiit Beach Road to include limiting access to right turns in and right
.~ turns out.
~ L, In consideration of pending implen~entation of Growth Management Regulations and
the potential of adj__ncen_.t roadways not conforming to a ' te service levels due to
the rate of increase of traffic volumes versus sched:~l~ded roadway cain. city
improvements, the applicant should be advised that future land development activities in
the area may be subject to future la~d use control consistent with the above regulations,
M. The County reserves the right to monitor traffic volu me~ at the projecx entrance and if,
in the Count's opinion, there are operational or safety problems created by the
pro'eet's tra~Yf~c, the County further reserves the right to make adjustments to the
r~ian, roadway and 5,__,:ces___e configuration at the pro~ect entrance.
N. Under the four lane condition for Vandcrbilt Beach Road, the Wilshire Lakes
,developer, or assigns, shall be responsible for the assumption of turn lane and access
Improvement costs as may be required to provide for safe operation as determined by
the County.
Vll-4
WATER MANAGEMENT:
~ A. Detailed pavin;, grading and site drainage plans shall be submitted to Project Plan
Review for review. No construction permiU shall be issued unle.,,s and until approval
of the proposed construction, in accordance with the submitted plans, is granted by
B. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County Land Development Code.
C. A copy of the SFWMD Surface Water Permit or Early Work Permit is required prior
D. Prior to construction plans a proval, a DER, ACOE, and SFWMD permit for any
alteration done to wetlands un~P~ their jurisdiction shall be provided.
E. An Excavation Permit will be required for the proposed lake(s) in accordance with
Collier County's Land Development Code and SFWMD rules.
R This approval does not constitute acceptance of the proposed control elevation. Prior to
PSP approval, the ,petitioner shall provide documentation fwm the South Florida Water
Management District confirming the proposed control elevations for the project.
7. I0 ENVIRONMENTAL:
;! A. The petitioner shall be sub'net to Ihe Collier County Land Development Code and
Growth Management Plan ~onservation and Coastal Management Element at the time
of final development plan approval.
B. Fifty-six and one-tenth (56. l ) acres (the equivalent of twenty-five percent) of the
existinl~ native vegetation on site shall be retained in all three strata and platted with
protective covenants (see Exhibit 'C'). Should any of this acrea · be p for
development, the petitioner shall provide existing native ve~etatlon ~ke for~ic)~h)h lieu
of the vegetation to be lost. This vegetation shall be prov|ded in areas not yet platted
for development, and shall be platted w~th protective covenants.
C. 'Natural' areas shall retain the existin natural canopy, understory, and groundcover
6, ve elation, and shall be maintained Free of exotic species pursuant to applicable
~ ordinances. A boardwalk may be permitted in each preserve area as determined by
!~ County, State and Federal Review Agencies.
.~ D. "Natural buffer" areas shall be defined as all areas not designated as 'preserve', and
which are not within the development e~velope. Nature trails, picnic areas. and
educational displays are permissi le in these areas. These arm may be credited as
r serving burfen around lake areas and presen. es.
E. A minimum of 4.4 acres of mitigation shall be provided. A mitigation lan for the
entire project shall he %ubmitted upon the first SDP submittal, with final SI~P approval
contingent upon the mitigation scheme being approved by Project Plan Review.
VIi-5
F. All 'l:nzserv~' and 'natural buffer' arns shall be identified by a survey and preseneed
on the plat document by easement or tract. Protective covenants pursuant to Florida
Statutts shall appear on the cover of the plat contalned~within the dedication or general
notes.
7. 11 AI3CESSORY STRUCTURES:
Accessory structures may be constructed simultaneously with, or following the construction of
the principal structure.
7. 12 SIGNS:
All signale shall be in Kcordance with Division 2.5 of the County's Land Development Code
in effect at the time of Site Development P/an approval.
7.13 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 Site Development Plan approval.
7.14 POLLING PLACES:
Rooms may be provided within common areas,(Tract CR) for the purpose of permitting
residents within the PUD to vote during all elections. The number and location of needed
rooms shall be deiermined by the Collier County Supervisor of Elections.
7.1:$ HISTORICAL/ARCHAEOLOGICAL CRITERIA
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site
clearing, excavation or other construction activity an historic or archaeological arttract is
found, all development within the minimum area necessary to protect the discovery shall be
immediately stoplzd and the Collier County Compliance Services Department contacted.
vII-6
LAND USE SUMMARY
Ri3l~i3rrAl,
coxweNs /
~A~ ~ (~A) ~.0
r_ell $t$ '.
~LSHIRE LAKES ..-~. ~. ~. ~
P.U.D. ~ASTER PLAN '-'-~'~"-' X
r ....
LAND USE SUMMARY
LAND USE Ir-GEND
-r
P.U.D. TRACT MAP ......
EXHIBIT 'B' . '
WILSHIRE LAKES
s'1:~'Jow 31. TOWI~SHIp 46 S/')t~ RANCF 28 EAST
VANDERBILT B~ACII RO.~D
STATE OF FLORIDA
COUNT/OF COLLIE~
X, eWIGHT E. BRCC~,
Twentieth ;ud£clal CIrcuit,
hareby certify that the foregolag
copy of:
Ordinance No. ~5-5
which was adopted by the Board of County ~,D:nmls~oners on
the 24th day of 3anuary, 1995, d~ring ~egu],~ S~ssion.
WITNESS my hand and the offic:hl ~-~i ,f .- zcax-d of
County Commlsston..~ of Collier County, Flnc~,!~,, ;his 25th
day of January, 1995.