Ordinance 93-34 ORDINANCE 93- 34
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COLLIER COUNTY LA~;D
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS MAPS NUMBERED 8631N AND 8631S BY ~
CHA/~GING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "A"
AND "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS WILSHIRE LAKES
PLANNED UNIT DEVELOPMENT, FOR PROPERTY
LOCATED NORTH OF VANDERBILT BEACH ROAD ~,.~
1-75 RIGHT-OF-WAY, IN SECTION 31,
TO S IP so.H, ST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 216 +
ACRES; PROVIDING FOR THE REPEAL OF '\~..-. %%,~%%%.~
ORDINANCE NUMBER 90-70, THE FORMER
WILSHIRE LAKES PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of McAnly, Asher and Associates,
P. A., representing John N., Brugger, as Trustee, 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, Township 48 South, Range 26
East, Collier County, Florida, is changed from "A" and "PUD"
to "PUD" Planned Unit Development in accordance with the
Wilshire Lakes PUD Document, attached hereto as Exhibit "A"
which is incorporated herein and by reference made part
hereof. The official Zoning Atlas Maps Numbered 8631N and
8631S, as described in Ordinance Number 91-102, the Collier
County Land Development Code, are hereby amended accordingly.
ordinance Number 90-70, as amended, known as the
Wilshire Lakes PUD, adopted on September 11, 1990 by the
Board of County Commissioners of Collier County is hereby
repealed in its entirety.
--1--
SECTION THREE'
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 22ndday of
June 1993.
ATTEST':,',,' BOARD OF COUNTY COMMISSIONERS
DWIG~fr'--'~.)BROCK, CLERK COLLIER COUNTY, FLORIDA
., MARJOR~E M. STUDENT Th~ (w~r~c~ fil~:l with t~l
omd ocknow~dgeme_nt
PUD-93-20RDTNRNCg fj~g received .th.J.~::: clay
WILSHIRE LAKES
PLANNED UNIT DEVELOPMENT
PREPARED FOR:
'. JOHN N. BRUGGER, TRUSTEE
,. PREPARED BY:
McANLY, ASHER & ASSOCIATES, P.A.
PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS
5101 TAMIAMI TRAIL EAST
SUITE 202
NAPLES, FLORIDA 33962
DATE FILED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 6/ZZ/~3
ORDINANCE NUMBER 93-3Z+
EXHIBIT "A"
WILPUD6.DOC
TABLE OF CONTENTS
ii LIST OF EXHIBITS, AND TABLES i
STATEMENT OF COMPLIANCE & SHORT TITLE 11
SECTION I PROPERTY OWNERSHIP & DESCRIPTION I-1
SECTION II PROIECT DEVELOPMENT II-1
SECTION III RESIDENTIAL DEVELOPMENT III-1
SECTION IV COMMONS/I~CREATION AREA IV-I
SECTION V NATURAL AREA V-I
· SECTION VI BUFFER AREA VI-I
. SEC-'rION VII DEVELOPMENT COMMITMENTS VII-I
il. · ~61 ~267
LIST OF EXHIBITS, TABLES
TABLE I RESIDENTIAL DEVELOPMENT STANDARDS (Page lli-7)
EXHIBIT A Planned Unit Development Master Plan (Prepared by McAnly, Asher &
Associates, P.A.)
EXHIBIT B Planned Unit Development Tract Map (Prepared by MeAnly, Asher &
Associates, P.A.)
EXHIBIT C Retained Native Vegetation Plan (Prepared by MeAnly, Asher & Associates,
P.A.)
STATEMENT OF COMPLIANCE
The development of approximately 216 acres of property in Collier County, as a Planned Unit
Development to be known as Wilshire Lakes will be in compliance with the planning goals and
objectives of Collier County as set forth in the Comprehensive Plan. The residential and
recreational facilities of Wilshire Lakes will be consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives for the following
rea.SoN:
I) 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. I
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 permits the development's residential density as
required in Objective 2 of the Future Land Use Element.
3) The proposed residential density of 2.0 dwelling units 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 less than that defined by the
Density Rating System.
4) The project development is compatible and complementary to existing and
fizture surrounding land uses as required in Policy 5.4 of the Future Land Use
Element.
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 Land Use Element.
6) 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 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 Ordinance 90-10 and Collier County's Land Development Code as
required by Objective 1.5 of the Drainage Sub-Element of the Public
Facilities Element.
00K
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
d~veloped under the project name of Wilshire Lakes PUD.
1.2 LEGAL DESCRIPTION:
The subject property being 216 acres, is described as a parcel of land located in
Section 31, Township 45 South, Range 26 East, Collier County, Florida, more
particularly described ~ follows:
Commence at the Southwest corner of Section 31, Township 4g South, Range 26
F.~st, Collier County, Florida a~d run South g9°56'!'/" F.~st along the Southerly line
of said Section 31 for 2639.69 feet to the South Quarter Corner of said Section 31;
thence run North 02'09'03' West for 150.15 feet to the Northerly Right-Of-Way line
of Vanderbilt Beach Road and the POINT OF BEGINNING; thence run North
g9°56'17" West for 659.97 feet; thence run North 02'10'04" West for 517.30 feet;
thence run South gg'56'2g" East 660.11 feet; thence run North 02"09'03' West for
1335.01 feet; thence run North g9°57'13" West for 661.68 feet; thence run North
02' 16'05" West 667.52 feet; thence run North 0200'/'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 gg"sg'05" East for 165.47 feet; thence run North
02'13'10" West for 668.22 feet; thence run North ggo5g'4g" West for 1321.36 feet;
thence run North 02'13'0g" West for 66'/.42 feet; thence run South g9°57'43" East
for 1321.36 feet; thence run North 02°1Y10" West for 333.50 feet; thence run South
g9"57'10" East for 898.67 feet to the intersection with the Westerly Right-Of-Way of
Interstate 75 and a Non-tangential intersection with a curve concaved to the
Northeasterly; thence run 1120.54 feet along the arc of said Right-Of-Way of said
curve having a radius of 11621.16 feet, a central angle 05°31'29", a chord of 1120.10
feet and a chord bearing of South 15'34' 24" E~t to a point of tangency; thence run
South lg°20'0g" East for 3002.74 feet to a point of curvature of a curve concaved
Southeasterly; thence run 896.32 feet along the arc of said curve having a radius of
7477.44 feet, a central angle of 06'52'05", a chord of 895.79 feet and a chord
bearing of South 14'53'57" East to the intersection with the Northerly Right-Of-Way
line of said Vanderbilt 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 along the arc of said curve having a
radius of 5729.5g feet, a central angle of 05'2Y13', a chord of 538.50 feet and a
chord bearing of South 8'/'22'07" West to a point of tangency; thence run South
84°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 said curve having a radius of
5729.58 feet, a central angle of 05'23'13', a chord of 538.50 feet and a chord
hearing of South 87"22'07" West to a polnt of tangency; thence run North 89"56'17"
West for 494.64 feet to the Point of Beginning, containing 216 acres m~" or less.
1.3 PROPERTY OWNERSHIP:
The subject property is currently under the ownership of John N. Brugger, as
Trustee.
i~7 1.4 SHORT TITLE:
,-. This Ordinance shall be known and cited as the "Wilshire Lakes Planned Unit
iF. Development Ordinance."
.5 GENERAL DESCRIPTION OF PROPERTY AREA:
A. The project site is located in Section 31, Township 48 South, Range 26 East.
Furthermore, the subject property 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 zoning classification of the subject property prior to the date of this
approved PUD Document was PUD and A, Agriculture.
1.6 PHYSICAL DESCRIPTION:
The project site is located adjacent and to the north of Vanderbilt Beach Road, and
adjacent and to the west of the 1-75 Right-Of-Way. The project site lies in the
tributary basin of the D-2 Canal tributary, of the Golden Gate Canal System, with
ultimate outfall into Naples Bay via the Gordon River. Existing elevations range from
+ 11 to + 13.3 N.G,V.D.
The water management system serving Wilshire Lakes PUD consists of lakes and
natural areas which receive all runoff from the residential areas, roads, and natural
areas. Runoff is collected from the roads and residential areas by catch basin and
culvert systems. Runoff from buffer and natural areas 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 substratum. Soil characteristics were 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 Wilshtre Lakes PUD shall be a single/multi-family residential development with
diverse recreational amenity opportunities. The amenities proposed to be provided in
the project include, but are not limited to structures designed to provide social and
recreational space, lakes, natural and landscaped open spaces, and a wide variety of
outdoor recreational opportunities. Each individual single-family lot, and each multi-
family parcel will be served with publicly provided utilities, including potable water,
sewer and electricity. Also, additional services will be provided as deemed
appropriate.
1-2
R 25 E R 26 E
We~'OUGHBY LAKES ~LLAG~ w(X~LANO$
25 C[N~R
u ? 00~
~ ~' A N
~ ,ESTATES
~R~ Z
~ ~CS P~[S 12 ? 8 9
I~ PINE RIOCE ROAD (C.R. 896)
R 25 E R 26 E
VICINITY
N.T.S.
PREPARED BY McANLY, ASHER & ASSOCIATES, P.A.
BASE MAP SOURCB: COLLIgR COUNTY GROWTH PLANNING DEPARTMBNT
I-3
SECTION II
:"'~ - PROJECT DEVELOPMENT
2.1 PURPOSE:
~:'" The purpose of this Section is to delineate and generally describe the project plan of
development, the respective land usa of the tracts included in the project, as well as
the project criteria for Wilshire Lakes.
2.2 GENERAL:
A. Regulations for development of Wilshire Lakes PUD shall be in accordance
with the contents of this document, PUD-Planned Unit Development District,
and other applicable sections and parts of the Collier County 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 Land Development Code shall
apply.
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 of Building Permit application.
C. All conditions imposed and all graphic material presented depicting
reatrictions for the development of Wilshire Lakes PUD shall become pan of
the regulations which govern the manner in which the PUD site may be
developed.
D. Development permitted by the approval of this petition wilt be subject to a
concurrency review under the provisions of Division 3.15 of the Collier
County Land Development Code.
2.3 PROJECT PLAN AND LAND USE TRACTS:
A. The project Master Plan, including layout of streets and general depiction of
land use, is iljustrated graphically by Exhibit "A", PUD Master Plan. The
project Tract Map identifies approximate acreage and land use of the various
tracts, and is iljustrated graphically by Exhibit 'B", PUD Tract Map. There
shall be land use tracts, plus necessary water management lakes, street rights-
of-way, the general configuration of which is also iljustrated by Exhibit 'A'.
Minor modifications to all tracts, lakes or other boundaries and acreage may
be permitted at the time of Preliminary or Final Subdivision Plat or Site
Development 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 432 108
~,,i TRACT "CR" COMMONS 0 72
TRACT "NA" NATURAL AREA 0 27
TRACT "B" BUFFER 0 9
~.'
i..~;. B. Areas iljustrated 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 purposes.
C. In addition to the various areas and specific items shown in Exhibit "A" and
Exhibit "B", such easements (utility, private, semi-public, common use, etc.)
shall be established within or along the various tracts as required.
2.4 MAXIMUM PROJECT DENSITY:
A maximum of 432 residential dwelling units, single and multi-family, shall be
constructed in the total project area. The gross project area is approximately
acres. The gross project density, therefore, will be a maximum of 2.0 units per acre.
2.5 PRelECT PLAN APPROVAL REQUIREMENTS:
A. Prior to the recording of' a Subdivision Plat, and/or Condominium Plat for all
or part of the PUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the PUD Master Plan, the County Land Development Code
and the platting laws of the State of Florida.
B. Exhibit "A=, PUD Master Plan, constitutes the required PUD Development
Plan. Subsequent to or concurrent with PUD approval, a Preliminary
Subdivision Plat, if applicable, shall be submitted for the entire area covered
by the PUD Master Plan. Any division of' property and the development of
the land shall be in compliance with the County Land Development Code, and
the platting laws of the State of Florida.
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
parcels 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 parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a Preliminary Subdivision Plat in
conformance with the requirements of Division 3.2 of the Collier County
Land Development Code or prior to the submittal of construction plans and
plat for any portion of the tract or parcel. Exception to this provision shall be
granted if development proposed for a tract or parcel will comply with the
provisions of Sub-sections 3.2.7.4 or 3.2.7.5 from Collier County's Land
Development Code.
E. Appropriate instruments will be provided at the time of infrastructurai
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
2.6 GENERAL DESCRIPTION OF RESIDENTIAL DEVELOPMENT:
Areas designated for residential land uses on Exhibit "A' are designed to
accommodate a full range of residential dwelling types and customary accessory uses.
Approximate acreages of all residential tracts 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 tracts will
be provided at the time of development plan approval in accordance with Section 2.5
of this Document.
II-3
.~!: ..
2.? DEDICATION AND MAINTENANCE OF COMMON FACILITIES:
Easements shall be provided for water management areas, rights-of-way, utilities and
other purposes as required.
All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of ali service utilities in compliance with
applicable tegulatiorts in effect at the time of adoption of this Ordinance.
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 MODEL HOMES:
Model homes, and model home sales centers shall be permitted as provided for in
Sub-section 2.6.33.$ from Collier County's Land Development Code.
II-4
SECTION III
RESIDENTIAL DEVELOPMENT
~;.' 3.1 PURPOSE:
The purpose of this Section is to identify specific development standards for areas
"i~ proposed to be developed with residential land uses. This Section will set forth five
development criteria which establish the means to improve residentially designated
lands with all forms of residential products.
3.2 MAXIMUM DWELLING UNITS:
The m~ximum number of residential dwelling units allowed within the PUD shall be
:: . established at the time of development plan review, but shall not exceed 432 dwelling.
units.
~ 3.3 USES PERMITI'ED:
','. The type of principal use that characterizes the initial development of any platted tract
".'" shall be carried throughout the development of that entire tract. No building or
' structure, or part thereof, shall be altered or used, or land used, in whole of part, for
.':' other th~n the following:
'i~~' A. Principal Uses:
:~ ~ 1) Single family housing.
2) Multi-family housing.
3) Model Homes (S~ Section 2.8 of this PUD Document).
4) Cjuster development, subject to the cjuster development requirements
contained in Collier County's Land Development Code in effect at the
time of Site Development Plan approval. The open space attendant
to the application of cjuster housing is deemed satisfied by virtue of
the open space provided over the entirety of the PUD.
5) Principal uses identified in Section 4.2 of this PUD Document.
B. Accessory Uses:
1) Customary accessonff uses and structures including but not limited to
private garages, tennis facilities and swimming pools with or without
screened enclosures.
2) Accessory uses and structures customary in multiple family residential
projects, including private garages, recreational buildings, equipment
and associated facilities.
3) Utility facilities and, or easements (including rights-of-way
easements).
.,: ~ 4) Signage.
;*'. 5) Project sales and administrative offices, which may occur in
residential or recreational buildings.
6) Water management facilities/lakes.
7) Development excavations as provided for by Collier County's
excavation regulations (Collier County Land Development Code,
Division 3.5). Ali lakes greater than two (2) acres may be excavated
to the maximum commercial excavation depths set forth in Section
3.5.'/.3.1, however, removal of fill from Wilshire Lakes shall be
limited in an amount up to 10% (to a maximum of 20,000 cubic
yards), unless a commercial excavation permit is received.
3.4 RESIDENTIAL LAND USE INTEGRITY: The mixing of single family detached
' housing units with any other form of multiple family housing structures shall not be
permitted within the same platted tract of land where platted tracts exist, or on lots
platted for the expressed purpose of accommodating the placement of a single family
detached housing unit.
3.5 DEVELOPMENT STANDARDS:
A. GENERAL: At the time of application to Collier County for residential
development orders (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 nor interior condominium/ homeowner's
association(s) boundaries.
B. DEFINITIONS:
R-l: Typical,large lot, detached single family development.
R-2: Detached/semi-attached alternative single/two-family development.
R-3: Multi-family development.
R-4: Townhouse development.
R-S: Cjuster development. (See Section 3.6 of this document).
soot ; 78
· ; III-2
C. MINIMUM LOT OR PARCEL AREA:
1) R-I: 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-family structure.
~'~' 3) R-3: One (1) acre.
'. i 4) R-4:1,000 square feet for single story units; 1,200 square feet for
two (2) story units. However, each dwelling unit shall have a gross
area relationship within a unified plan of development so that no less
than 3,500 square feet of parcel area is attributable to each dwelling
unit.
D. MINIMUM LOT/PARCEL WIDTH:
!) R-l:
.:~ ~ a) Corner Lots: Seventy C70') feet.
b) Interior Lots: Sixty (60') feet.
2) R-2: Forty (40') 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 townhouse structure. Parcel width shall be determined at
the time of development plan review, but shall be no less than one
hundred (IIX)') feet.
E. MINIMUM YARD REQUIREMENTS:
I) R-l:
Front yard: Twenty-five (25') feet.
Side yard: Seven and one half Cl.5') feet.
Rear yard: Twenty (20') feet.
Accessory use/structure front yard: Same as principal structure.
Accessory use/structure side yard: Same as principal structure.
Accessory structures which are attached to the principal structure may
have the same side yard setback as for principal structures.
Accessory use rear yard: Ten (I0') feet*.
III-3
2) R-2:
.... Development envelopes shall he established and depicted on
~?,' Improvement Plans and Final Plat to ensure the spatial arrangement of
principal uses are consistent throughout the development parcel.
Front yard: Twenty (20') 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 a three (3') foot easement.
Rear yard: Fifteen (15') feet.
Accessory use/structure front yard: San~e as principal structure.
Accessory (detached) use/structure, side and rear* yard: Five (5') feet.
Accessory (attached) use/structure, side and rear* yard: Same as
principal structure.
Minimum distance between structures on different lots or parcels: Ten
(10') feet.
3) R-3:
Front yard: Twenty-five (25') feet.
Side yard: Fifteen (15') feet.
Rear yard: Twenty (20') feet *
Accessory use/structure front yard: Same as principal structure.
Accessory use/structure side yard: Same as principal structure.
Accessory use rear yard: Ten (10') feet*.
A distance of fifteen (15') feet, or one-half (112) the sum of the
heights of adjacent structures, whichever is greater, shall be
maintained between structures.
4) R-4: Setbacks for side and rear* yards shall be measured from parcel
boundaries. A minimum distance of fifteen (15') feet, or one-half
('A) the sum of the heights of adjacent residential buildings,
whichever is greater, shall be maintained between structures.
Front yard: Twenty (20') feet.
Side yard: Seven and one-half (7.5') feet, or one-half (sA) the sum of
the heights of adjacent residential buildings, whichever is greater.
Rear yard: Twenty (20') feet*.
Accessory use/structure front yard: Same as principal structure.
Accessory use side and rear* yards: Five (5') feet.
· - Rear Yard: A parcel or lot boundary which abuts a natural area designated for preservation:
zero (0) feet, provided buffering required by South Florida Water Management District is
accommodated. Where a parcel abuts a lake: zero (0) feet may be allowed provided approval is
obtained from Project Plan Review at the time of subdivision Construction Plans submittal.
F. MINIMUM FLOOR AREA:
· 1) One Story Single Family Structures: One Thousand (10(X)) square feel.
2) Two Story Single Family Structures: One Thousand Two Hundred
(1,200) square feet.
3) Multi-family Structures: Seven hundred-fifty (750) square feet.
11I-4
? G. OFF-STREET PARKING AND LOADING REQUIREMENTS:
As required by Collier County's 12nd Development Code in effect at the time
of building permit application, however, egress onto any street for residential
units, with structurally attached garages, shall be the same as for single and
two family residential dwellings.
H. MAXIMUM HEIGHT:
1) R-3 buildings: principal structure - thirty-five (35') feet.
2) All other principal structures - thirty (30') feet.
3) Accessory Structure - fifteen (15') feet, except pool enclosures which
may be twenty-five (25') feet.
I. LANDSCAPING AND BUFFERING:
Unless otherwise specified in this Section, landscaping shall be in accordance
with Collier County's landscaping requirements in effect at the time of
building permit application.
;' I. REQUIRED LANDSCAPING ADJACENT TO VEHICULAR RIGHTS-OF-
WAY;
· ::" Landscaping adjacent to vehicular rights-of-way shall be in accordance with
Collier County's Land Development Code in effect at the time of building
.: permit application.
K. REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING:
Interior landscaping pertaining to vehicular use areas shall be in accordance
with Collier County's Land Development Code in effect at the time of
building permit application.
L. VEHICULAR OVERHANG OF LANDSCAPED AREAS:
The front of a ve~icle may overhang any landscaped area a maximum of two
(2') feet, provided the landscaped area is protected by motor vehicle wheel
stops or curbing. Two feet of such landscaped area or walkway may be part
of the required depth of each abutting parking space.
3.6 CjustER DEVELOPMENT:
Cjuster development (R-5), may only utilized for R-i and R-2 uses on any
residentially designated lands in the Wilshire Lakes PUD subject to the provisions of
Sub-section 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 approval(s). The open space attendant to the application of cjuster
housing is deemed satisfied by virtue of the open space provided over the entirety of
the PUD.
3.7 GENERAL APPLICATION OF SETBACKS: Front 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 ~ljacent 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 edge of pavement.
C. If the parcel is served by a platted drive, setback is measured from the road
easement or property line.
D. When principal buildings front upon a common parking area, which in turn
fronts upon a public or private right-of-way or non-planed drive, a minimum
distance of ten (10') feex shall separate the principal building and ~ny related
parking facility, and a green belt of ten feet shall separate said right-of-way,
or other non-platted private drive from the common parking area. This shall
not prohibit the attachment of enclosed parking structures to the principal
residential structure.
· ~. 3.8 MAID/GUEST QUARTERS:
Maid/guest quarters, with secondary kitchen facilities (ie: kitchenette), shall be
permitted for R-I, R-2 and R-5 development, subject to the following restrictions,
which shall be recorded as deed restrictions:
A. A dwelling unit containing two thousand five hundred (2,500) square feet of
living area shall be limited to one (1) primary kitchen. A dwelling unit
containing two thousand five hundred (2,500) of living area, or greater, may
have a second primary kitchen provided all rooms are internally accessible.
B. Maid/guest quarters shall only be occupied by the property owner, domestic
employee of the property owner, or guest(s) of the property owner.
C. Maid/guest quaners are not a separate dwelling unit, and therefore may not be
sold, leased, rented, interest transferred or conveyed in any way so as to
separate said quarters from the residential unit.
!11-6
RESIDENTIAL DEVELOPMENT STANDARDS
TABLE 1
~' ( DEVELOPMENT
~, .:,. STANDARDS R-1 R-2 R-3 R-4
MINIMUM LOT/ 6,000 SF 4,000 SF ONE ACRE 1,000 SF
PARCEL AREA PER LOT PER LOT PER PARCEL See 3.5 (~.4)
· MINIMUM LOT 70'CORNER 40 FEET 100 FEET SAME WIDTH
WIDTH 60' INT. PER LOT PER PARCEL AS UNIT
FRONT YARD 25 FEET 20 FEET 25 FEET 20 FEET
REQUIREMENT
SIDE YARD 7.5 FEET 0-5 FEET 15 FEET * 7.5 FEET
REQUIREMENT
i,?;~ REAR YARD 20 FEET 15 FEET ** 20 FEET * 20 FEET
.~...~. REQUIREMENT ** APPLIES TOO
~ ' "~ ACCESSORY
· ,! FRONT 25 FEET 20 FEET 25 FEET 20 FEET
SIDE 7.5 FEET 0-5 FEET 15 FEET 7.5 FEET
i: REAR *,10 FEET **5 FEET ** 10 FEET ** 5 FEET
MINIMUM 1,000 SF i STORY 750 SF SAME AS R-1
FLOOR AREA 1,200 SF 2 STORY AND R-2
DIST. BETWN. 15 FEET 10 FEET 15 FEET OR 15 FEET OR
PRINC. STR. ½ SUM OF HT ~ SUM OF HTS.
MAX. BLDG. 30' PRIN. 30' PRIN. 35' PRIN. 30' PRIN.
HEIGHT .15' ACC. ,:15' ACC. ,15' ACC. .15' ACC.
NOTES: Cjuster housing development standards are set forth in Section 3.6.
· Setbacks for side and rear yards shall bc measured from parcel boundaries.
A parcel or lot boundary which abuts a natural area designated for
preservation: zero (0) feet, provided buffering required by South Florida
Water Management District is accommodated. Where a parcel abuts a lake:
zero (0) fcct may bc allowed provided approval is obtained from Project Plan
Review at thc time of subdivision Construction Plans submittal.
O Pool enclosures may bc twenty-five (25) t'cct.
11I-7
.' SECTION IV
~ COMMONS/RECREATION AREA
4.1. PURPOSE:
Thepurpose of this Section is to set forth the development plan and development
standards for the areas designated as Tract CR, Commons/Recreation Area on
Exhibit "B". The primary function and purpose o f this Tract will be to provide access
and aesthetically pleasing open areas and passive/active recreatio.n.al areas, a~..d u~
areas intended to satisf)/the residents' basic needs for a quality recreauonai
opportunity. Any recreational, social, administrative or maintenance facility which
may be indicated on the PUD Master Plan, Exhibit 'A', shall be considered
conceptual, and the placement of such facilities, as may be indicated on the PUD
Master Plan shall be considered non-binding. Except in areas to be used for water
impoundment and principal or accessory use areas, all natural tr~s and other
vegetation, as practicable, shall be protected and preserved.
4.2. USES PERMITFED:
·, No building or structure, or part thereof, shall be erected, altered or used, or land
· .... used, in whole or in part, for other than the following:
A. Principal Uses:
1) Structures which house social, recreational, project sales,
administrative, or security facilities.
2) Lakes/water management facilities.
3) Utility, water management and rights-of-way/access easements.
4) Signage.
5) Open Spaces / Nature Preserves.
6) Pedestrian and bicycle paths, or other similar facilities constructed
for purposes of aec. ess to, or passage through the commons areas.
7) Smail docks, piers or other such facilities constructed for purposes of
lake recreation for residents of the project.
8) Shuffleboard courts, tennis courts, swimming pools, and other types
of facilities intended for outdoor recreation.
9) Development excavations as provided for by Collier County's
excavation regulations (Collier County Land Development
Code, Division 3.5). All lakes greater than two (2) acres may
be excavated to the 'maximum commercial excavation depths set
forth in Section 3.5."/.3.1, however, removal of fill from
Wilshire Lakes shall be limited in an amount up to 10% (to a
maximum of 20,000 cubic yards), unless a commercial
excavation permit is received.
IV-I
~;, .- B. Accessory Uses:
1) Customary accessory ut~:s or structures incidental to recreational areas
i?; and, or facilities, including structures constructed for purposes of
maintenance, storage, recreation or shelter with appropriate screening
and landscaping.
4.3 DEVELOPMENT REGULATIONS:
A. Overall site desil~n shall be harmonious in terms o f landscaping, enclosure o_f
structures, location of access streets and parking areas, and location of
buffer areas.
B. Ail recreational buildings shall be setback a minimum of thirty (30) feet from
all parcel boundaries. Accessory facilities and equipment shall maintain a
minimum distance of no less than ten (10') feet from all parcel boundaries.
C. Buildings shall be setback a minimum of fifty (5.0). feet from abutting,
off-site residentially zoned districts, and a mmtmum ten (10) foot
landscaped, maintained buffer shall be provided.
D. Buildings adjacent to one another shall be separated a minimum often (10')
feet, or one half of the sum of the building heights, which ever is greater.
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 the Development
Regulations shall be required in accordance with Section 2.:5 of this
PUD document, and Division 3.3 of Collier County's Land
Development Code.
G. Maximum Height:
1) Principal Structure: Thirty-five (3:5) feet.
2) Accessory Structure: Fifteen (15) feet.
H. Minimum Off-Street Parking And Loading:
1) Recreation Areas: One (1) space for each 200 square feet of gross
~i~ ~ floor area.
:' i 2) Loading Areas: As required by the Land Development Code at the
:' time of Site Development Plan approval.
SECTION V
NATURAL AREA
5.1 PURPOSE:
;: The purpose of this Section is to set forth the development plan for the areas
. designated as Tract "NA', Natural Area on Exhibit "B". The primary function
- and purpose of ~his Tract will be to preserve and protect native flora and fauna
in it's natural state.
5.2 USES PERMITTED:
Elevated boardwalk~ may be constructed in the variouspreserve areas for the purpose
of enjoyment of the natural amenities by the residents of the project, subject to receipt
of appropriate permits.
m i i
,~ SECTION VI
~ ..,/ BUFFER AREA
}~": 6.1 PURPOSE:
The purpose of the Section is to set forth the development plan for the areas
designated as Tract "B", Buffer Area on Exhibit "B". Tract "B", Buffer Area,
is an easement intended to protect project land uses from possible impacts
from adjacent land uses. Tract "B", Buffer Area, shall not be construed to be
a typical tract which must be platted, although it may. The developer reserves
the right to include perimeter land use buffer areas in residential acreages.
Although no structures 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 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; existing native vegetated areas may be
utilized and, or;
2) Earthen berms and, or;
3) Fences/walls: Nine (9) foot maximum height; permitted only
adjacent to major roadways, (i.e. I-7S and Vanderbilt Beach
Road).
4) $ignage.
B. Accessory Uses: Water, sewer and drainage facilities as
required by the Final Construction Plan.
6.3 SPECIAL BUFFERING:
A. Where the project's main roadway right-of-way abuts the project's westerly
property boundary, a minimum ten (10) foot buffer shall be provided within
the western portion of the right-of-way to screen adjacent properties. Such
buffering shall be installed and maintained as set forth above.
SECTION ¥II
DEVELOPMENT COMMITMENTS
~. 7.1 PURPOSE:
The purpos~ of this Section is to set forth the development commitments for the
:. :;., development of the project.
7.2 GENERAL:
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans, and all applicable State and local
laws, codes and regulations applicable to this PUD in effect at the time of
Building Permit application(s). Except where specifically noted or stated.
otherwise, the standards and specifications of the current official County Land
Development Code shall apply to this project even if the land within the PUD
is not platted. 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 to
any successor or assignee in title, any commitments within this agreement.
7.3 PUD MASTER PLAN:
A. Exhibit 'A", PUD Master Plan iljustrates the proposed development,
and is conceptual in nature. Proposed tract, lot or land use boundaries
shall not be construed to be final, and may be varied at any subsequent
approval phase as may be approved at the time of Preliminary
Subdivision Plat as provided for by Sub-section 2.7.3.5.6 of the
County's Land Development Code. Any substantial, insubstantial
change shall be subject to Section 2.7.3.5 of the County's Land
Development Code.
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.
m i i
7.4 SCHEDULE OF DEVELOPMENT:
A development plan shall bc submitted, where required, for any phase of
development.
Thc Develol:~r will obtain approval for improvement plans or a development
order for infrastructure improvements to include utihties, roads and similar
improvements required by the approved PUD Master Plan for at least fifteen
(15%) percent of thc gross land area of the PUD site within five (5) years of
the date of approval by the Board of County Commissioners, subject to the
provisions of Section 7.5, b~low. Thc Developer reserves the right to develop
portions of the p.roject, non-sequential development of portions of the project,
or thc entire project, as market demands change. Platting of thc entire PUD
will be required. Phases of development may include construction of
residential, social or recreational facilities/structures, roadway or lake
construction.
7.5 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL:
Sub-section 2.7.3.4 of Collier County's Land Development Code shall be
applicable to the Wilshire Lakes PUD Master Plan upon the effective date of
this PUD Ordinance.
7.6 ENGINEER. lNG:
A. Detailed paving, grading, site drainage and utility plans shall be
submitted to Project Plan Review 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 Plan Review.
B. Design and construction of ali improvements shall be subject to
compliance with the appropriate provisions of the Collier County
LandDevelopment Code.
C. Access into each parcel shall be from internal roads only. No direct
access to parcels shall be allowed from Vanderbilt Beach Road.
D. Work within Collier County Right-Of-Way shall meet the requirements
of Collier County Right-Of-Way Ordinance 82-91. The multi-family
tract and the single-family tract located in the south part of the project
site shall maintain their access entrances a minimum 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 I00 feet from any right-of-way
line and a minimum 200 feet from any wetland, subject to permitting
by the South Florida Water Management District. A setback less than
100 feet may be allowed provided that an analysis for setback is made
based on the 'Roadside Design Guide'.
?.? UTILITIES:
'~, A. Water distribution, sewage collection and transmission 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.
C. The on-site water distribution system to serve the project must be
connected to the District's 30 inch water main on the north side of
Vanderbilt Beach Road, extended eastward to the east boundary line of
the project consistent with the main sizing requirements specified in the
County's Water Master Plan and extended throughout the project.
During the design of these facilities, the following features shall be.
incorporated into the distribution system:
I) Dead end mains shall be eliminated by looping the internal
pipeline network, or provided flushing hydrants.
2) Stubs for future system interconnection with adjacent properties
shall be provided to the west, and the 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.
D. The existing off-site 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.
Prior to approval of construction documents by the County, the
Developer must present verification pursuant to Chapter 367, Florida
Statutes, that the Florida Public Service Commission has granted
territorial fights to the Developer to provide sewer and/or water service
to the project until the County can provide these services through its
sewer facilities.
F. The utility construction documents for the project's sewerage system
shall be prepared to contain the design and construction of the on-site
force main which will ultimately connect the project to the future
central sewerage facilities of the District in the Yanderbilt 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 pum]~ 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.
SO~ (]61 ~:~.~. VII-3
7.8 TRANSPORTATION:
A. A gatehouse/security facility may be provided within the project's main
entrance area but shall not be located so as to impede traffic flow on
Vanderbilt Beach Road, nor shall such facilities be located within the
Vanderbilt Beach Road rights-of-way.
B. The developer shall provide left and right turn lanes on Vanderbilt
Beach Road at the project entrance.
C. The radius of development influence of this project will extend to
Airport Road, on the west, and CR-951 on the east. The developer
should b~ responsible for a fair share contribution toward signalization,
or signal upgrades at both of these intersections. It is doubtful that this
development would warrant a signal at it's entrance on Vanderbilt
Beach Road, considering the expected traffic compared to the ultimate
traffic the four lane Vanderbilt Beach Road could carry. However, in
the eventuality that some future condition would necessitate a signal at.
the project entrance, the Developer, assigns or successors in interest
should also bear that responsibility.
D. The.developer shall provide arterial level street lighting at the project
entrarl~.
E. ~The developer shall provide a sidewalk/bikepath along the entire Vanderbilt
tseach Road frontage. At the time of the future four-laning,
compensating right-of-way is required for bikepath/sidewalk and turn
lanes. Accordingly, frontage width of 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
Vandeffoilt Beach Road.
G. The road impact fee shall be in accordance with the schedule contained
in Ordinance 92-22, or as it may be amended, and shall be paid at the
time building permits are issued unless otherwise approved by the
Board of County Commissioners.
H. Required access improvements are not eligible for impact fee credits,
and except for signalization, shall be in place before any certificates of
occupancy are issued.
I. All traffic control devices used, excluding street name signs, shall
conform with the Manual On Uniform Traffic Control Devices.
/I. Access to Vanderbilt Beach Road shall be designed and constructed so
as not to adversely affect existing access to private parcels lying outside
the PUD.
K. The County reserves the right to control median opening locations
under future multi-laning of Vanderbilt Beach Road to include limiting
access to right tums in and fight tums out.
I I I
L. In consideration of pending implementation of Growth Management
Regulations and the potential of adjacent roadways not conforming to
appropriate service levels due to the rate of increase of traffic volumes
versus scheduled/funded roadway capacity improvements, the applicant
should be advised that future land development activities in the area
may be subject to future land use control consistent with the above
regulations.
WATER MANAGEMENT:
A. Detailed paving, l[rading and site drainage plans shall be submitted to
Project Plan Revtew 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 Plan
Review.
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 to construction plan approval.
D. Prior to construction plans approval, a DER, ACOE, and SFWMD
rmit for any alteratioa done to wetlands under their jurisdiction shall
provided.
E. An Excavation Permit will be required for the proposed lake(s) in
accordance with Collier County's Land Development Code and
S~D rules.
F. This approval does not constitute acceptance of the proposed control
elevation. Prior to PSP approval, the petitioner shall provide
documentation from the South Florida Water Management District
confirming the proposed control elevations for the project.
7.10 ENVIRONMENTAL:
A. The petitioner shall be subject to the Collier County Land Development
Code and Growth Management Plan Conservation and Coastal
Management Element at the time of final development plan approval.
B. Forty-eight and one-half (481A) acres (the equivalent of twenty-five
percent) of the existing native vegetation on site shall be retained in all
three strata and platted with protective covenants (see Exhibit
Should any of th~s acreage be proposed for development, the petitioner
shall provide existing native vegetation (like for like) in lieu of the
vegetation to be lost. This vegetation shall be provided in areas not yet
platted for development, and shall be platted w~th protective covenants.
'c '~ C. "Natural" areas shall retain the existing natural canopy, undcrstory, and
i:~" ' groundcover vegetation, 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 envelope.
Nature trails, picnic are. aa, and educational displays are permissible in
these areas. These areas may be credited as serving buffers around
lake areas and preserves.
E. A minimum of 4.4 acrea of mitigation shall be provided. A mitigation
plan for the entire project shall be submitted upon the first SDP
submittal, with final SDP ap.proval contingent upon the mitigation
scheme being approved by Project Plan Review.
F. All "preserves' and 'natural buffer' areas shall be identified by a
survey and preserved on the plat document by easement or tract.
Protective covenants pursuant to Florida Statutes shall appear on the
cover of the plat contained within the dedication or general notes.
7.11 ACCESSORY STRUCTURES:
Acccssor~ structures may be constructed simultaneously with, or following the
construcuon of the princlpal structure.
7.12 SIGNS:
All signage shall be in accordance with Division 2.5 of the County's Land
. :i Development Code in effect at the time of Site Development Plan 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 rr~ident~ within the PUD to vote during all elections. The number and
location of needed rooms shall be determined by the Collier County Superviaor of
Elections.
? LAND USE SUMMARY
RI~"2~ IDEN"f AL (R~} IOB, O
" COM~O~$ / R~RgATION A~EA (CR) ?Z,O
~ NATURAl AREA (NA) 27.0
.~:
YANDERBIL? BEACH ROAD(R/W II1DTII VARIES)
WI~HIRE LAKES
P. U.D. MASTE~ PLAN
E~IBIT "A"
LAND USE; SUMMARY
LAND USE
¥~ND£RBILT B~.ACH RO.~R/W lrIDTl! VARIg)
.:,, '~ILSHIRE LAKES
):':~ P.U.D. TRACT MAP
:: :~i-.'. EXHIBIT "B~
'POI.AL AR£A3
VAND£RBILT BEACH ROAD
EXHIBIT "C"
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, DWIGHT E. BROCK, Clerk of Courts /n and for the
Twentieth Judtc/al Ctrcu/t, Co/l/er County, Florida, do
hereby certify that the foregoing ts a true copy of:
which was adopted by the Board of County Commissioners on
the 21nd day of June, 1993, during Re.la= Session.
WITNESS my h~d and the offtc~a~ seal of the Board of
Cowry Co~lsstoners of Collier County, Florida, this 25th
da~ of June. 1993.
,~ ' ~
DWIGHT E. BROCK ..~-~'. ..../~'.?~
Clerk of Courts and Cle~..' .. /~
Ex-officio to Board offS.. ' '~
t- Deputy Clerk ' ~'2 ;1~1.1.¢~~ ' '
.... 061 297