Ordinance 87-093 o~'r~c~ 87-
P~SI~ ZONING ~TIOflS FOR ~IE ~INCOR-
PO~I~ ~ OF ~LLI~ ~, ~ORIDA
~NG ~ ZONING A~S ~
~ING ~ ZONING ~SIFICATION OF ~ HE~IN
~IT D~~ ~ ~ ~O~D ~S C~K FOK
36~ ~SID~ ~ITS FOK PROP~ ~CAT~ AT
~800 AIraRT KO~ NOR~, 7~.645~ A~S, IN
~E~ION 13, T~IP &9 SOO'I~,
~ P~OVID~G AN ~E~X~ DATE.
~Y_AS, ~obart Y. Diffenderfar and ltlchard C. Crau~,
representing Warrenton Enterprises Co~., N.Y., pet~tioned the ~oerd
of ~ty C~ssioners to change the Zoning Class~f~caCiou of Che
here~ described real pr~er~7;
N~, ~t-m~O~ BE IT ~A~ by t~ Board of ~unty
SE~ON ~:
~e Zon~g C~msifi~ti~ of the h~rein described re~l property
~ed ~ Secti~ 13, T~hip 19 S~th, ~nte 25 ~s~, ~lll,r Co.U,
Flo~da is c~nsed fr~ ~ to "P~" Pla~ed Uni~ Develo~n~
~ccor~nce ~h ~h~ ~ do~nt a~tached hereto ss ~ibi~
w~ch is inco~orated herei~ ~nd by re~rence ~d, pa:t hereof.
Offic~l ~n~$ Acl~s ~p N~ber ~9-15-6. as described in Org~nce
82-2, is hereby ~nded accordin~ly.
SE~ION ~O:
~ls ~giuance shall bec~ effective up~ receipt of
=~= iC has been filed wi~h She $ecre=a~ of
DATE: NovemBer 17, 1987
BOARD OF COUNTY CO~gff$$ION~RS
COLLIER COUNTY, FLORIDA
ATTEST: BY:.~
JAHES C. GILES, CLERK
:.;~S . .
48'
~ :' ~F~D ~ ~FO~ ~ L~ S~FICI~
S~ecre~ah, ~f State's Office the
· R.],B~U~E'~NDF~ - - ~ Tdayof ~- , ~
~Sl~' ~ A~O~ a~ ock~ledgement ~h~
filing received this i~u ,-~
CHAI~J~tN
dpO:rcg28
AMENDED AND RESTATED
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
"WORLD TENNIS CENTER"
LOCATED IN SECTION 13
TOWNSHIP 49 SOUTH, RANGE 25 EAST
DATE ISSUED
DATE APPROVED BY CAPC
DATS APPROVED BY BCC
(ORDINANCE NUMBER)
November 17. 1987
87-9'3
,00~ 029,'.,~ 49
m
TABLE OF CONTENTS
SECTION I
STATEMENT OF COMPLIANCE
SECTION II
STATEMENT Or INTENT
SECTION III
PROPERTY OWNERSHIP & LEGAL DESCRIPTION
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
TRACT Az
TRACT B~
TRACT Cz
TRACT D:
SECTION V
PRESERVATION/CONSERVATION
PROFESSIONAL TENNIS CENTER
RESIDENTIAL
TENNIS COURTS/RESIDENTIAL
GENERAL DEVELOPMENT COMMITMENTS
PAGE
16
11.
2.
3.
4.
Evidence of Psvaloper Ownershi9
Mastsr Plan
Legal Description
Utilities Provisions Memorandum
dated June 26, 1987
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SECTION !
STATEMENT OF COMPLIANCE
The purpose of this section is to set forth the amended plan of
Warrenton Enterprises Corporation, NoV. ("Warrenton# or
'Developer"), 4800 Airport Road North, Naples, Florida 3]942,
concerning the development of 79.6454~ acres of land located in
part of Section 13, Township 49 South, Range 25 East, Collier
County, Florida. The name of this aevelopment is the World
Tennis Center and it is presently zoned as PUD under Ordinance
82-1 as amended. A portion of it is already developed. This
Amended PUD Document restates and supersedes the PUD Document
forming part of Ordinance 82-1, as amended. Warrenton was a
partner in World Tennis Center Associates, the original
developer, and is now the sole owner of the undeveloped portions
of World Tennis Center.
The development of the World Tennis Center as a Planned Unit
Development will be in compliance with the planning goals and
objectives of Collier County as set forth in the Comprehensive
Plan. The residential development with associated recreational
~acilities will be consistent with the growth policies and land
development regulations of the Comprehensive Plan Land Use
Element and other applicable documents for the following reasons=
1. The subject property has the necessary rating points
to determine availability of adequate community
facilities and services.
2. The project development wlll result in an efficient
and economical extension of community facilities and
services.
3. The project 6evelopment is compatible and
complementary to the surrounding land uses.
4. The propert~ will include a landscaping
buffer between County Road 31 and the surrounding
agricultural zoned lands.
5. All.improvements will be in compliance with all
'applicable regulations.
The development may contain up to 361 residential units
consisting of any of the types of housing herein set
forth.
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10.
The development will utilize natural systems for
water management such as the environmentally eensitive
areas as in accordance with their natural functions
and capabilities.
The value and functions of the environmentally
sensitive areas will not be adversely affected.
The development shall promote the maintenance of the
residential neighborhood as well as be aesthetically
pleasing and functionally efficient.
The number of egress and ingress points will be
limited so as to minimize the impact upon ~he traffic
flow along Airport Road.
SECTION II
STATEMENT OF INTENT
It is the Developer's plan to use the World Tennis Center tennis
complex in the manner set forth in Ordinance 82-1 as modified
hereby,
As a separate project> but part of the same property, it is the
Developer's plan tO develop a residential living unit project.
This may include the housing types set forth herein. The
development will emphasize open space, energy efficiency, water
conservation and preservation of ecologically sensitive areas.
The attached Master Plan (Exhibit 2) reflects the existing
development of the property as of the date hereof and the areas
of proposed future development. Existing uses are indicated by
shading. Exhibit 2 iljustrates each tract and its proposed and
approved uses,
SECTION III
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
3.1. PROPERTY OWNERSHIP:
Except for existi6g submitted condominium units in (i) World
Tennis Center I, a condominium according to the Declaration
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of Condominium in Official Records Book 1037, page 1237
(World Tennis Center I), and (ii) World Tennis Center II, a
condominium according to the Second Declaration of
Condominium recorded in Official Records Book 1215, Page
1868, Public Records of Collier County, Florida (World
Tennis Center Ii) the subject property is owned by
Developer, 4800 Airport Road North, Naples, Florida 33942.
Evidence of this is furnished with this document as Exhibit
1.
3.2 LEGAL DESCRIPTION:
The subject property is described as:
The West 1/2 of the East 1/2 of the Southwest
1/4 of Section 13, Township 49 South, Range
25 East, Collier'County, Florida; and
The South 1/2 of the West 1/2 of the
Southwest 1/4 of Section 13, Township 49
South, Range 25 East, Collier County,
Florida, less the West 100 feet thereof.
The land is also described on Exhibit 3. Of this area, the
Developer has conveyed and no longer owns (i) the 40 units
of World Tennis Center I, and (ii} certain units in World
Tennis Center II.
For the purposes of gross residential land use area, the
subject property, excluding its portion of the road
right-of-way, is 79.6454~ acres.
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
4.1. PURPOSE:
The purpose of this Section is to set forth the regulations
for development of the property identified on Exhibit 2. It
is the intent of the Developer to develop low to medium
density residences iQ a iow profile silhouette associated
with a professional tennis center. Where development
regulations are not specifically enumerated tn this~PUD
document for principal or accessory structures, the~
applicable sections of the Collier County Zoning Ordinance
shall apply. '
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4.2. PROJECT PLAN AND LAND USE TRACTS:
The project shall consist of four land use tra~ts of general
area and configuration as shown on Exhibit 2.
Tract A - (A-1 and A-2) - Preservation -
Conservation
Tract B - Professional Tennis Center
5.2~ Acres
Tract C - Residential Tract
Tract D - Tennis Complex/Residential
Total Area
8.3~ Acres
62.0~ Acres
4.1~ Acres
79.6~ Acres
Developer plans to develop the p~operty accord£ng to the
follow£ng phases and schedule.
Developed in 1983 - Existing Professional Tennis.Center
with 15 courts and 40 residential,'
units, Model and Sales Center
Developed in 1986 - 60 Residential Units
1987-1988 - 40 Residential Units
1988-1991 - 221 Residential Units
1987-1990 - Up to 10 Additional Tennis Courts
The maximum number o~ resident]al units will be 361 units at
a maximum density of 4.53 residential units per gross acre.
4.3 TRACT mA'z PRESERVATION/CONSERVATION
A. P,~rpoeez
The purpose of this subsection is to set forth the
function, treatment and use of the conservation/
preservation areas designated as Tracts A-1 and A-2 on
Exhibit 2.
Functfon~
The primary function will be to (i) preserve an
attractive natural resource community, (ii) retain
water during rainy season, and maintain a ground water
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4.4.
Ce
recharge area, as well as a water quality improvement
facility, and (iii} provide a unique recreation and
aesthetic experience for the pleasure of project
residents.
Treatment/U~e=
Existing flora and fauna will be preserved with an
exception for jogging trails, boardwalks or crosswalks
and roadway cuts through Tract A-1 as indicated on
Exhibit 2. Vehicles will be prohibited with the
exception of construction equipment and maintenance
equipment. Removal of obnoxious exotics, i.e.,
Meialeuca Lecudenda, Schinus Terebinthifolius, and
others in accordance with County Ordinance 75-21 will
be permitted. A maintenance program will be established
to insure a healthy environment by directing water flow
into Tract A to provide optimum surface f~ooding
.depths. Ail water management control structures in
this tract will be designed to insure that they neither
cause increased drainage during dry periods nor
increased water retention during the rainy season.
Development near vegetation which is valuable or unique
to the environment, shall be limited so as to maintain
the vegetation in an unmolested state. Minor passive
recreational facilities which are nature-appreciation
oriented may be permitted where deemed appropriate.
The roadway through Tract A-1 has been constructed with
culverts in order to maintain flow between the two
sections of this Tract.
TRACT B: PROFESSIONAL TENNIS'CENTER
Purpose:
The purpose of this subsection is to set forth the
development plan and regulations for the area
designated as Tract B, Professional Tennis Center on
Exhibit 2. , ~
B. Developmen~ Plan
oo
l;
The primary purpose and function of this Tract
will be to provide a professional tennis center
which shall include a clubhouse, pro s~op,
restaurant and bar area in conjunction with tennis
courts and a stadium center court.
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2) All bu£1dings and facilities within the Tract
shall be for the use of the club, club members and
their guests.
Permitted Uses and Structures
No building or structure, or part thereof, shall be
e~ected, altered or used, or land or water used, in
whole or in part, for other than the following=
1} Principal Uses:
A) Tennis courts, handball courts, and other
similar facilities, including a grandstand.
B} Swimming pools, shuffleboard courts, and any
other similar types of facilities.
C) Clubhouse with restaurant, cocktail lounge,
restaurant, pro shop, fitness r~oms, and
other similar uses intended to exclusively
serve patrons and members of the tennis
center and club.
D) Polling places in any community recreation/ '
public building/public room or similar common
facility in accordance with Section 9.11 of
the Collier County Zoning Ordinance.
2} Accessory Uses:
A} Gift shops, sports equipment sales, and other
customary accessories intended to exclusively
serve patrons of the Club and their guests.
B} Sign~ as permitted at time of permit
application.
C) ~mall buildings, private road, control gate
house, enclosures or other structures
constructed for the purpose of maintenance,
storage, recreation, or shelter with
appropriate screening and landscaping.
D) Any other customary accessory uses of tennis
clubs or similar establishments.
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E) Model residential units and sales Office in
conjunction with the promotion of the project
which shall be converted into a manager's
apartment/office and meeting room for the
Community Association as determined to be
compatible with the adjacent zoning by the
Planning and Zoning Director.
General Requirements:
1) OveralI site design shall be harmonious in terms
of landscaping, enclosure of structures, location
of access streets and parking areas, and location
and treatment of buffer areas.
2) Lighting facilities shall be arranged in a manned
which will protect roadways and neighboring
properties from direct glare or other'
interference.
Maximum Heiqht:
Th~rty-five (35) feet within the Tract as measured from
the finished grade of the site or from the minimum base
flood elevation required by the Flood Elevation
Ordinance.
Minimum Setback Requirements:
1)
2)
3)
4.5 TRACT C~
All buildings shall be set back a minimum of
twenty (20) feet from Tract boundaries and the
property boundary line.
All princi~al use buildings shall have a minimum
separation of twenty {20) feet.
~et~acks from edge of all private pave~ roads
shall be twenty (20) feet.
RESIDENTIAL
Purpos9 i
The purpose of this Section is to set fort~ the
development regulations applicable to residential
development within Tract C as designated on the
approved Master Plan {Exhibit 2). Development of Tract
C may occur via subdivision and sale of individual
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building sites, and/or by cjuster housing development
in which housing units are constructed in accord with
an approved development site plan, with sale of the
individual dwelling units occurring subsequent to
development. The following regulations provide for
both forms of development. Should individual lots be
created, platting, or an appropriate waiver, ~hall be
required in accordance with the Collier County
Subdivisioq Regulations or applicable ordinances.
B. Permitted Uses and Structures
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:
l) Permitted Principal Oses and Structures:
A)
Single-family detached dwellings in areas
which have been approved for such use in
connection with approval of a subdivision
plat of record, or which have been approved
as a part of a cjuster housing development
site plan.
s)
Two family and/or multi-family dwellings in
areas which have been approved for such use
in connection with approval of a subdivision
plat of record or which have been approved as
part of a cjuster housing development site
plan.. Dwellin~ unit types may include zero
lotline, attached single family, townhouse,
garden apartment, patio homes, villas and the
like.
2) Permitted Accessory Uses and Structures,
Recreational uses and facilities customary in
residential areas, including, but not limited
to shuffleboard courts, playgrounds, tennis
courts, golf driving ranges, putting greens,
swimming pools with decking, and other types
of facilities intended for outdoor
recreation.
B)
Signs as permitted by the Zoning Ordinance at
the time of permit application.
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C)
Parking facilities which serve the
residential units and/or the recreational
facilities within the project.
D)
A temporary sewage treatmeht plant site.
Opon connection of the World Tennis Center
project to the County's Regional Sewerage
System, the temporary sewage treatment
facilities must be removed and the site
devoted to principal and accessory uses.
Polling places in accord with Section 9.11 of
the Collier County zoning Ordinance.
F)
Any other accessory uses which are customary
in residential areas.
G) O~en spaces.
~)
Lakes and other functional water management
'facilities or uses to serve for the flood
relief and drainage of project improved
areas.
Private road, pedestrian and bicycle paths,
boardwalks and crosswalks, or other similar
facilities constructed for purposes of access
to or passage through the common areas.
3)
Paved or unpaved parking facilities for use
by persons using the Tennis Club Facility.
K)
Small buildingS, enclosures or other
structures constructed for purposes of
maintenance, storage, recreation or shelter
with appropriate screening and landscaping.
Small docks, piers or other such facilities
constructed for purposes of lake recreation
for project occupants or members.
Maximum Dwellin9 Units:
A maximum of 361 residential dwelling units may be
constructed. This will be reduced to 360 if a
permanent manager's residence is included in Tract B.
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Minimum Lot Area:
Subdivided single family lots: 6,500 square
feet.
Subdi$ided two family or multi-family sites: 4,500
square feet per dwelling unit.
Cjuster housing: As approved during the
development site plan approval process.
Minimum Lot Width:
1] Subdivided single family lots: 60 feet.
2) Subdivided two family or multi-famil~ sites: 40
feet per ground floor dwelling units.
3) Cjuster housing: as approved during the
development site plan approval process.
Minimum Setbacks:
1)
2)
3)
Subdivided single family lots:
Front yard= 25 feet
Side yard: 7 1/2 feet
Rear yard: 25 feet
Subdivided two family or multi-family sites:
Front yards 25 feet
Side yard: 7 1/2 feet
Rear yard: 25 feet
Cjuster housing, recreational and other accessory
facilities: As approved during the development
site plan approval process.
G. Maximum Height=
1)
2)
Subdivided single family lots: 25 feet as
measured from the finished grade oc from the
minimum base flood elevation required by the Flood
Elevation Ordinance, whichever is higher.
Subdivided two family or multi-family sites: 35
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3)
feet as measured from the finished 9fade or from
the minimum base flood elevation requirediby the
Flood Elevation Ordinance, whichever is higher.
Cjuster housing: 35 feet as measured from the
finished grade or from the minimum base flood
elevation required by the Flood Elevation
Ocdinance, whichever is higher.
Hinimum Dwelling unit Floor Area:
1) Subdivided single family:
One-story: 750 square feet
Two-story: 1,000 square feet
Subdivided two family or multi-family:
One-story:
Two-story~
600 square feet
750 square feet
Cjuster housing:
One-story~ 600 square feet
Two-story: 750 square feet
I. Minimum Off-Street Parking:
1) Subdivided single family lots: TWo spac~es per
lot.
2) Subdivided'two famil~ or multi-family silt.s: TWo
spaces per residential unit with a minimum of 1
1/2 parking spaces per unit paved and 1/2 parking
space per unit reserved for paving if ever deemed
to be needed by the County.
3) Cjuster housing: TWo spaces per residefltial unit
with a minimum of I 1/2 parking spaces per unit
paved and 1/2 parking space per unit reserved for
paving if ever deemed to be needed by the County.
Cjuster Housing Development Standards:
Cjuster housing plans are not required to meet
definitive standards for lot area, lot width~, setbacks
or separation between buildings. Freedom from these
design standards is intended to provide the cjuster
housing planner with the flexibility to provide a
better distribution of structures, more usable open
space, and more attractiveness and innovation in design
and construction than might otherwise result~under the
standards which are applicable to subdividedtindividual
building sites. Prior to approval of a development
site plan for cjuster housing, the Planning and Zoning
Director shall insure that the design features
incorporated in the cjuster housing plan are suitable
and that the basic character and quality of development
intended by this PUD document will be achieved. The
cjuster housing planning option may not be utilized to
increase the height, reduce the parking or increase the
density standards contained within this PUD document.
4.6 Tract D. Tennis Courts/Residential:
A. Purpose: This tract is designed to be used for (i) an
expansion of the Professional Center Tract B, (ii) for
an expansion of the Residential Tract C, or (iii) for
an expansion of both Tracts B and C provided that the
setbacks from tract boundaries which are provided in
Sections 4.4 and 4.5 are adhered to.
Co
Development Plan: The Developer desires to use this
Tract to expand the Professional Tennis Center, Tract
B, by the addition of more tennis courts and related
amenities or to permit the addition of residential
units of the type permitted on Tract C without
increasing overall project density. If used for a
partial expansion of both Tracts, an appropriate
dividing line will be established between the two.
Uses Permitted: No building or structure, or part
thereof, shall be erected, altered or used,*or land or
water used, in whole or in part for other than the
following:
1. Principal Uses
A) Tennis courts, handball courts and similar
facilities;
Swimming pools, shuffleboard courts and any
other similar facilities.
c)
Uses permitted in Section 4.4 C(l~} (except
for those in 4.4 C (1) (C)) and those uses
permitted in Section 4.5 B (1).
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2. Permitted accessory uses and structure:
A) Uses permitted in Section 4.4C(2) except for
4.4C(2)[E). Uses permitted in Section
4.5S(2) except 4.5B(2),(D) and (L).
D. Other Limitations= The limitations on unit size,
building separation, building height, parking and other
matters in Sections 4.4 and 4.5 applicable to the
Tennis Center and Residential Tract will apply to that
part of Tract D into which each may be expanded. Prior
to any development of Tract D, a Conceptual Site
Development Plan for its development must be submitted
to and approved by the Planning and Zoning Director in
conformance with Section 4.9 hereof.
4.7 INTEGRATION OF ~IFFERENT HOUSING TYPES:
~ecognizing that the plans for development of Tracts C and D
have not been specified and that different types of
residential development are permitted thereon, the approval
of any specific Conceptual Site Development Plan for
development of such Tracts, or any part thereof, with
respect to the particular type of residential dwellings and
the location and mixture thereof, will be based upon and
take into consideration such of the following factors as are
deemed appropriate by the Planning and Zoning Director for
the harmonious development of each Tract with a minimum of
interference between different housing types.
A., Physical separation of h~using types into discrete
areas.
B. Landscape or constructed barriers between different
housing types meeting at a minimum the standards of
Section 8.37 of the Zoning Ordinance unless~modified by
the Planning and Zoning director, or open space deemed
appropriate by the Planning and Zoning Director.
C. Separation of housing types by common amenities.
Consistent with the foregoing, the Developer will not mix
individual single-family dwellings with attached
single-family or with multi-family dwellings. Contiguous
detached single-family residential areas within Tracts C
a~d D will contain a minimum of 12 units. The procedure for
review of proposed groupings of housing types shall be as
provided in Sections 4.8 and 4.9 of this document.
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4.8 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS
PURPOSE
Exhibit 2, the World Tennis Center Master Plan, provides a
basic development plan framework but does not indicate the
specific manner in which development within the various
tracts is to occur. Prior to development of any undeveloped
portion of the World Tennis Center project, detailed
development plan approval must be granted for that portion.
The purpose of this Section is to set forth the procedure to
be followed in ~onnection with the required detailed plan
approval for the various World Tennis Center development
increments.
When the developer sells an entire tract or a building
parcel (fraction of a tract) to a subsequent owner, or
proposes development of such property itself, the
developer shall provide to the Planning and Zoning
Director for approval, prior to the development of the
tract to be developed or sold by the developer or prior
to the sale to a subsequent owner of such property, a
boundary drawing showing the tract and the number of
units and/or the square footage assigned to the
property, as applicable. The drawing shall also show
the location and size of access to those fractional
parts that do not abut a public street. An updated
Master Plan showing the fractional parcel also shall be
submitted.
In the event any tract or building parcel is sold by
any subsequent owner in f{actional parts to other
parties for development, the subsequent owner shall
provide to the Planning and Zoning Director for
approval, prior to development of the tract by the
developer or prior to the sale to a subsequent owner of
a fractional part, a boundary drawing showing its
originally purchased tract or building parcel and the
factional parts therein and the number of units and/or
square footage, as applicable, assigned to each of the
fractional'parts. The drawing shall also show the
location and size of access to those fractional parts
that do not abut a public street. An updated Master
Plan showing the fractional parcel also shall be
submitted.
i'
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C. The developer of any tract or building parcel must
submit a Conceptual Site Plan for the entireltract or
building parcel in accordance with Section 4~9 of this
document 9riot to Final Site Development Plah submittal
for any portion of that tract. The developer may
choose not to submit a Conceptual Site Plan for the
entire tract or building parcel if a Final Site Plan is
submitted and approved for the entire tract or building
parcel.
D. The developer of any tract or building parcel must
submit, prior to or at the same time of application for
a building permit, a detailed site development plan for
his tract or parcel in conformance with the Zoning
Ordinance requirements for site development plan
approval. This plan shall be in compliance with any
approved Conceptual Plan as well as all criteria within
this document.
E. In evaluating the fractionalization plans, the Zoning
Director's decision for approval or denial shall be
based on compliance with the criteria and the
development intent as set forth in this document,
conformance with allowable amount of building square
footage and the reasonable accessibility of the
fractional parts to public or private roadways, common
areas, or other means of ingress and egress.
F. If approval or denial is not issued within ten (10)
working days, the submission shall be considered
automatically approved.
CONCEPTUAL SITE DEVELOPMENT APPROVAL PROCESS:
When Conceptual Site Development Plan approval isdesired or
required by this document, the following procedure shall be
followed:
A. A written request for Conceptual Site Development Plan
approval shall be submitted to the Zoning Director for
approval. The request shall include materials
necessary to demonstrate that the approval of the
Conceptual Site Development Plan will be in harmony
with the general intent of this document. Such
material may include, but is not limited to, the
following where applicable:
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1)
Site plans at an appropriate scale showing
proposed placement of structures on the property;
provisions for ingress and egress, off-street
loading areas; yards and other open spaces.
2)
Plan showing proposed locations for utilities
hookup.
3) Plans for screening and buffering.
In the case of cjustered housing, required property
development regulations may be waived or reduced
provided a site plan is approved under this section.
A fee consistent with the current fee schedule for
County Site Development Plan approval shaI1 accompany
the application, unless a specific fee for Conceptual
Site Plan Review is adopted.
If approval or denial is not issued within twenty (20)
working days, the submission shall be considered
automatically approved.
4.10 SITE DEVELOPMENT PLAN APPROVAL PROCESS:
Site Development Plan approval, when desired or requested by
this document, shall follow the procedure as outlined in the
Zoning Ordinance.
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1. PURPOSE:
Thelpurpose of this Section is to set forth the standards
for development Of the project.
5.2. DEVELOPMEKT COM~ITMENTS-GEN£RAL~
A. All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities.
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Overall site design shall be harmonious in terms
landscaping, structure location and design, locations
of all improved facilities, and location and treatment
of buffer areas.
To protect the integrity of the planned unit
development, the only access road shall be the private
road as shown on Exhibit 2 with an exception of
temporary construction roads.
Areas iljustrated as "lakes" shall be constructed
lakes, or upon approval, parts the£eof may be green
areas in which as much natural foliage as practicable
shall be preserved. The lake size and shape m~y be
varied so 1°nE as uses in Tract boundaries are not
changed. Such areas, lakes and/or natura~ green areas,
shall be of general area and configuration as shown on
Exhibit 2.
The perimeter'of the PUD shall be buffered from
adjacent properties by the use of a landscape buffer i~
:those areas identified as buffered areas on the
attached Master Plan, Exhibit 2. The temporary sewage
treatment facility shall be buffered with a landscape
buffer on all sides. Areas to be buffered shall
conform to Section $.37 of the Zoning'Ordinance with
the exception that the opacity requirement shall be 40%
rather than 80% except'for the buffering surrounding
the temporary sewage treatment facility. Buffering
reguired in respect to areas which have been previously
developed need not be added until the earlier of
issuance of 100'more individual residential unit
certificates of occupancy or November 11, 1989.
5.3 CLEARING~ GRADING~ EARTHWORK~ AND SITE DRAINAGE
All clearing, grading, earthwork and site drainage work
shall be p,~rformed in accordance with all applicable State
and local codes.
The two cypress zone areas (Tracts A-1 & A-2), iljustrated
in Exhibit 2 will be protected during construction with
fencing an~ posting. The haul roads will be identified, and
the contractor will adhere to these roads, which will be
stabilized if sand traps occur.
-17-
5.4. UTILITIES
ae
Provisions concernin~ the provision of water and sewer
services to the project shall he in accordance with the
stipulations and requirements enumerated in the
memorandum dated June 26, 1987, from John F.
HadaJewski, Utilities Engineering Director, to Ann
McKim, Planning Department, a copy of which is attached
hereto as Exhibit 4 and incorporated herein by
reference. The requirements are intended to represent
current county utilities policy. In the event the
cdunty policy and/or ordinances regarding utilities are
modified, the modified policy and/or ordinance
requirements shall be applicable. The foregoing
stipulations and requirements shall be applied to the
project on a phase by phase basis as the project is
developed.
Be
Telephone, power and television cable service shall be
made available to all residential areas. All such
utility lines shall be installed underground.
5.5. SOLID WASTE DISPOSAL
Such arrangement and agreements as necessary shall be made
with an approved solid waste disposal service to provide for
solid waste collection service to all areas of the project.
5.6 RECREATION FACILITIES
Additional recreational facilities beyond those provided by
the developer, as may be need%d by the future residents of
this project, shall be funded through a system of revenues
collected by the WTC Community Association, Inc. The
Co~uaunity Association By-Laws shall include a provision that
the creation of a capital improvement fund is mandatory, and
every property owner in the development shall become a
member of the Community Association. All owners of units
developed on the property shall have a membership in the
professional tennis center.
5.7 TRAFFIC IMPROVEHENTS
The developer or WTC Community Association, Inc. shall
provide a fair share contribution toward the capital cost of
a traffic signal when deemed warranted by the County
Engineer. The signal will be owned, operated and
maintained by Collier County.
-18-
5.8
5.9
All ro~ds within the project are private and will be
maintained by th~ developer and/or property owners.
associations. The roads will be exempt from applicable
requirements of the Collier County Subdivision Regulations
provided, however, that all plans for road construction
shall be subject to final approval by the County Engineering
Department
SIDEWALKS/BIKE PAT~S
Sidewalks/bike paths shall be constructed to be harmonious
with the natural environment of the development.
ENVIRONMENTAL REQUIREMENTS
A. Site Clearin~
The developer shall be subject to Ordinance 7~-21 (or
the tree/vegetation removal ordinance in ~xistance at
the time of permitting), requiring the acquisition of a
tree removal permit prior to any land clearing. A site
clearing plan shall be submitted to the Natural
Resources Management Department for its review and
approval prior to any work on the site. This plan may
be submitted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict
how the final site layout incorporates retained native
vegetation to the maximum extent possible and how
roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate this goal.
B. Native Plant Species Utilization
Native species .shall be utilized, where available, to
the maximum extent possible in the site landscaping
plan. A landscaping plan will be submitted to the
Natural Resources Management Department and .the
Community Development Divisiion for their review and
approval. This plan will depict the incorporation of
native species and ,their mix with other species. The
goal of site landscaping shall be the recreation of
native vegetation and habitat characteristics lost on
the site during construction or due to past activities.
C. Exotic Plant Removal
All exotic plants, as defined in the CountylCode, shall
be removed during each phase of construction from
-19-
development areas, open space areas, and preserve
areas. ~ollo~ing s£te development, a maintenanace
program shall be implemented to prevent r~invasion of
the site by such exotic species. A maintenance plan,
which will describe control techniques and inspection
intervals, shall be filed with and subject to. approval
by the Natural Resources Management Department and the
Community Development Division.
De
Archaeological and Historical Sites
If, during the course of site clearing, excavation, or
other constructional activities, an archaeological or
.historical site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Natural ResourCes
Management Department notified. Development will be
suspended for a sufficient length of time to enable the
Natural Resources Management Department or a designated
consultant to assess the find and determine the proper
cause of action in regard to its salvageability. The
Natural Resources Management Department will respond to
any such notification in a timely, efficient manner so
as to provide only a minimal interruption to
c~nstruction activities.
Paving Surfaces
The petitioner shall investigate the use of paver
bricks as surface material to be used on road and
parking area surfaces proposed for paving to promote
more thorough ground water ~ercolation, reduce the
effects of chemical runoff, and heat absorption, and to
provide an aesthetically appealing method of road
surfacing.
5.10 STIPULATIONS
In addition to the requirements previously set forth herein,
the developer has agreed to other stipulations with the
county planning staff concerning the project and its
developm,nt as follows:
A. Water Management Department
l}
Upon approval of this PUD ordinance, no further
building permits will be approved by the Water
Management Department, except for any construction
-20-
around the ex£sting south lake, unt£1 an
appropriate modification to SFWMD Permit No.
11-00225-S has been apgroved by the SFWMD and a
copy is provided to the Nater ~anagement Director.
Excavation Permit No. 59.141 shall be transferred
to Warrenton Enterpr£ses Corporation, N.V.
No building permit will be issued adjacent to the
north lake until ¢omple:£on of the excavation of
the north lake in accordance with Excavation
Permit No. 59.141.
-21-
dst of rtbruarT,
consideration of the s~u of TE~ DO~LA~S ($10.00) and other
valuable consideration to Grantor in hand paid bT Grafltee~
receipt vheteo~ il hereby Icknovlt~9~, has granted, ~tga/ned,
The West 2/2 at the Emit 2/2 o£ the So~tbvest
2/4 o~ Sec:ton 23, tovflshLp 4~ South, ~ange
%asa, Collier CoufltTwFlotida! and
The South %/2 o~ the Mesa 2/2 o~ th.
EASt, CoAl/er CoufltT, Florida, 3ess the ~est
to the cofldom/n~tm %orm of OvnerhsLp £ot Vorld
Tennis Center 'X"~ I co~domL~/~
County, Florida, There Js excluded here~toa
units end ~e eppur~en~n~ cough e~eB*n~s
~.fluar~, 2s82, by u.T.~., 2,c., i F~or~da
cor~rlt~on; Jfld ~ARR~NTON ~NT~RXSCS
CO~O~TIO~, ~.V.~ a Nether%ands AAcLXXes
cot~tat~on authotAze~ to transact
Florida, as a Joint venture doLng business as
venture, as Mortgagor, and CZ~lCO~ ~A~
recorded lA O~ficial ~ecordl Book ~53, Page
I~Y3~ el ~e Fublic ~ecords of Collier Counted
Flor~, as modified ~ ~IC certain
~ODIFX~TXON or N~E ~O NO~TGAGC dated ~uly
recorded Ln O~f/cia% Records BooX t?J, page
e~ ~e Pub~ Records e~ Co~et Ceunty~ Florida
and as further B~/%Led by thac certain
AG~g~:~T dated October 7; 2~82 ~tveen ~e
Mortgagor and Nortgagee and recorded in
Records ~ook ~0~ pago 1147~ al ~s ~ubll~
EXIIIBIT "1" ....
O01 J 90 O0 J 007 51 "~:~
· SUL~ECT also to · ~ortgage to Narine Savings
LOin Isaac/etlon oK ~Zorida, recorded In
O£r~Clal ~ecords Ao~k 2174, ~age 3SJ~ of tho
Public Accords of Collier County, Florida.'
sun~£cr also to conditions, restrictions,
~ ~e ·aid Granter does here~ specially var:ant
title to said 2and and viZ2 de,end ~t s~e against ~e
· cla~a o~ a~2 ~rnona clab~flg by~ ~cough and u~e~ At a~ no
other· aa o~ such date.
pa~eflt o~ ~e debt secured by ~e foregoing mortgages.
The. deed L. gL,em Ln o,der ~ ~:~ to Oran~.. an7
o~ ~e ~oiflt venture kno~ as MOFXd ~*fl~s Cen~eF ~soc/ates
which has heretofore ezisted ~tveen G~afl~ot an~Orafl~ee vi~
zes~ct to such
2~ MI~ESS~E~0F~ ~e said Grantor has caused ~ese
~esefl~s to be executed as provided ~ 2ay, on ~ls, ~e day
a~ year first above written.
S1~fled, Sealed and ~ellve~ed
In ~e presence o~
X J~a~ C~X~I~ that th9 foregoing t~scrumefl~ vas
~o~ary Public .
~S conveyance is ~lng ~de V~n ~e tenlnat/on of'a
The grantee ~s ~en a~ rill con~nue ~ ~ individually liable
all ~tes which ~e seared ~ ~e Bortgages which
being ~ansfe~ s~lect ~. Accordingly, only n~lnal
*- s~ps ire re~ed.
E~HIBIT "1"
-2-
~'litl .~nbrllllzr?. ~ ~ I1~ d,~ ~ ~cember
d~d ~l Angeles .~ Clli~or~l~
·
X. T., $ Netberlangs Antilles corporation qullltleG to do bull·ell
~4,~ 3~1 Worth ~edersl
Ten tnd 00/100 (5 10.00)
~~~ Collier-
~e Ves~ t of ~he ~s~ t of ~he 3ou~h~s~t of ~ec~ioe
13, T~ship 49 ~outh, Range 25
(Tb~ th·ye ntme4 L~ntee is · .1oi·~ venture doing business
~ ~li~. i 72ori~ ~o~: venture.)
.~,J~ J. ~ ~ -
OO?IIS.S~ g~zj)ntt m~os 0~0953~'~.- ~ 0019!I;
P~
f
Legal description for WORLD TENNIS CENTER:
The West 1/2 of the East 1/2 of the Southwest
1/4 of Section 13, Township 49 South, Range I
25 East, Collier County, Florida~ and
The South 1/2 of the West 1/2 of the
Southwest 1/4 of Section 13, Township 49
South, Range 2S East, Collier County,
Florida, less the West 100 feet thereof.
EXHIBIT "3"
DATE
TO:
1~ OM
'JU;; ? '
June 26, 1987 ~'"~'~ .... '.'-. * .... *
~n HtR.tm, Planning Department
~ohn ~. MadaJevskt, Utilities £nsineerin$ Dlrector~?l~
Petit/on R-87-20C, Vorld Tennis Center
We have revioved the above referenced Petition and have no objection to
the rezone ss requested. Rovever, ye require the follovtng stipulations
· s · condition to our reco~mendation for approval~
A) Water & Sever
1) Water distribution ·nd sevage collection ·nd transmission
systems rill be constructed throughout the project development by the
developer pursuant to all current requirements of Collier County and the
State of Florida, Water and sever facilities constructed vtthin platted.
rightsgof-vay or vithin utility easements required by the County shall be
conveyed to the County for ownership, operation and maintenance purposes
pursuant to appropriate County Ordinances and tabulations in effect at
the time of conveyance. 'ill rater and sever facilities constructed on
privets property ·nd not required by the County to be located vithin
utility easements shall be ovned, operated and maintained by the
Developer, his aasiBns or successors. Upon completion of construction of
the rater and sever facilities vlthin the project, the facilities rill be
tested to insure they meet Collier County's utility construction
requirements in effect at the time construction plans are approved. The
above tasks must be completed to the satisfaction of the Utilities
Division prior to placing any utility facilities, County o~ed or
privately o~.~ed, into service. Upon completion of the rater and/or
sever facilities and prior to the issuance of Certificates of Occupancy
for structures vithin the project the utility tacilities shall be con-
veyed to the County, vhen required by the Utilities Division, pursuant
to County Ordinances and Regulations in effect at the'time conveyance is
requested.
2) All cons~ruction plans and technical specifications an~ proposed
platao if applicable, for the proposed rater distribution and
collection and transmission £actltttea must be revieved and approved by
the Utilities Division prior to commencement of construction.
3) All customers connecting to the vater distribution and aevage
collection facilities rill be customers of the County and viii be billed
by the County in ·ccordance vith the County's established rates, Should
the County nq~ be in · position to provide ~ater and/or sever service to
the project, the rater and/or sever customers shall be customers of the
interim .utility established to serve the project until the County*a
off-site rater and/or sever facilities are available to serve the
project,
EXHIBIT
4.,
To: Ann NcKlm~ Plannin~ Department
June 26, 1987
&) It ia anticipated that the County Utilitles Division will ultimately
supply potable va=er to meet the cons~ptive demand and/or receive and
treat the sewage generated by this project. Should the County system
not be in a position to supply potable water to the project and/or
receive the project's wes=eva=er at the time development commences, the
Deve!oper, at his expense, will install and operate interim water supply
and on-site treatment facilities and/or interim on-site sewage treatment
and disposal facilit~es adequate to meet all requirements of the
appropriate regulatory agencies.
5) An Agreement shall be entered into between the County and the
Developer, binding on the Developer, his assigns or successors, leg;lly
acceptable to the County, prior to the approval of coast,.ut=ion documents
for the proposed project, stating that:
a) The proposed va=er supply and on-site treatment facilities and/or
on-site vas=eva=er treatment and disposal facilities, if required, are to
be constructed as part of the proposed project and ~ust be regarded ab
interim; the~ shall be constructed to State and Federal standards and
are to be Dbmed, operated and maintained by the Developer, his assigns or
successors until such time aa the County's o~f-site water facilities
and/or o/f-site sever fac~lities are available to service the project.
The in=erie treatment facilities shall supply services only to those
2ands owned ~y the Developer and approved by the County for development.
The utility facility(les) may not be expanded to provide va=er and/or
sever service outside the development boundary approved by the County
without the written consent of the County.
b) Upon =onnection to the County~a-off-site va=er facilities, and/or
sever facilities, the Developer, his assigns or successors shall abandon,
dismantle and remove ~rola the site the in=erie water and/or sewage
treatment facility and discontinue use of the water supply source, if
applicable, in a manner consistent with State of £1orida standards.
All work related with this activity shall be performed at no cost to the
CountX.
c) Connectio~ to the County's off-site va=er and/or sever facilities
~il1 be made by the o~rnere, their assigns or successors at no cost to the
County within 90 days a~ter such facilities become available. The cost
of connection shall include, but not be limited to, all end/amerind
design and preparation of construction documents, permittinE, m-difica..
=Ion or refit=ins of existing sewage pumpinS facilities or conscructiot~
o! ne~ =aster sewage pumping facilities, interconnection with County
off-site facilities~ water and/or sever lines necessary to make the
connection(a)~ etc.
EXHIBIT "4"
To: ~nn NcKim, Planning Department
?age 3
June 26, 1987
d) At the tine County off-site water and/or sever faciIities ere
available for the project to connect with, the following water and/or
sewer facilities shall be conveyed ~o the County pursuant to appropriate
County Ordinancen and Eegulations in effect at the ti=e:
1) All water and/or sever facilities constructed in publicIy
owned rights-of--way or within utility easements required by the
County within the project lintts required to make connection
with the County's off-site water and/or sewer facilitiesl or,
2) All water and sever facilities required to connect the
project to the County's off-site water and/or sever facilities
when the on-site water and/or sever facilities are constructed
on private property and hOC required by the County to be
located ~ithin utility easements, includinl but not limited to
the follovinl:
a) Eain sewage lift station and force hain. inter-
connecting vich the County sever facilities including
all utility easements necessaryl
b) Vater distribution facilities from the point of
connection with the County's water fa~ilities leo the
master water m~ter serving the project, including all
utility easements necessary.
e) The custoners served on an interin basis by the utility systen
constructed by the Developer shall become customers o! the County at the
tine when County off-sits water and/or sewer facilities are available to
serve the project and such connection is made. Prior to c'onnection of
the proJec~ to the County's off-site water and/or sewer facilities the
Developer, his assigns, of successor[ shall turn over to the County a
complete list of the customers served by the interim utilities sys~en and
shall not compete with the County for the service o[ thos~ customers.
The Developer shall-also provide the County with a detailed tinventory of
the facilities sen'ed within the project and the entity ~hich viii be
responsible for the water and/or sever service billing for the project.
f) All construction plans ~nd technical specifications~ related to
connections to the County's off-sit~ water and/or sewer facilities will
be submitted to the Utilities Division for review and approval prior to
co~ence=en~ of cons~ruction.
EXHIBIT
To: ~A~n HcKL~,~Plann~n& Depsr~ent
June 28, 1~87
S) The Developer. his ssstSns or successors agree to psy all system
development charges at the time that Bulldin$ remits are requ~red,
pursu~n~ to ~ppropr~ate Coufl~y Ordinances and ReguXa~ons
the cane of Pe~i~ request. ~is requirenen~ shall be ~e kno~
prospective buyers of properties for which buildini pe~ics v~ll be'
required prior Co ~he s~ar~ of buildin~ cons~ruc~iofl.
h) ~e ~ounc~ ~11 lease ~o ~he De~eloper ~or operation and'nain~enance
~he vf~r gis~rib~ion and/or se~ate collection mhd ~rfnsmi~siofl system
~or the s~ of SIO.O0 per ~ear~ ~hen such system is no~ connected ~o ~he
o~f-si~e ~acer and/or se~er faclli~ies o~ed ond opera,ed by ~he ~oun~y.
Te~s.o~ the lease shall be ge~e~ined upon completion of ~he ~roposed
~ili~I cons~c~ion and ~rior co fc~iva~ion oI ~he va~er supply,
crea~uenc ~nd dis~ribucion facilt~ies and/or ~he aerate collec~ion,
transmission and ~rea~en~ ~acill~ies. %e Lease, if req~ired, s~all
re. tn iff effect until the County can provide water and/or sever se~lce
through its oii-si~e iacili:ief or un~il such tine thai'bulk ra~e water
and/or sever semite agreements.are nelocia~ed vi:h the
system sfrvtn~ the project.
~) 'Data required under ~unty Ordinanct No. 80-112 shoving the fylil-
fbility of ftvale fenice, ~s: be submitted and approved by the
Ocili~ief Division prior ~o approval of the cons:ruc~ion doc~ents for
the project. SuSie a copy of the appr~ed DER pe~lCs
collection and transnissi~n systens and the vastewacer treatnen:
to be ucilized~ upon receipt thereof.
C) If sn in,erin on-site water supply, {reacmen: and ~rans=ission
iacili:y is u~tlized ~o se~t the proposed project, ic must be properly
sizft ~o supply average and peak gay t~es:ic de.nd, in addiCtofl ~o fire
fl~ de.nd at ~ r~ce ~pproved by the appropriate Fire Con:to1 District
ffrvicin~ the proJfcc area. .
D) Conscruc~ion and ~ership of the va:er and sewer facilities,
includinG ~ny proposed in,erin va~er and/or sewage trea~nefl~ ficili~ies,
shall be in c~pliante vi:h all 0~ili:ies Division Standards, Policies~
Ordinances, Prat:ices, fcc. in ef/ec~ at the tine coflst~cCion approval
is raquested.
E) De~ailed hydraulic design reports covering the water dis~rib~ion and
sewage.collection and ~ransmission systems ~o serve the pro~ec~ ~us~ be
submitted vi~h the cons~rvc~ion documents for ~he project. The reports
shall lis~ all design ass~pcions, de~and ra~es and o~her factors
per,in, nc ~o the system under consideration.
EXHIBIT
June 26, 1987 "
Y) SeccLon 5.& UCLILtLea of the ~ document shal~ be revised to make
reference to thLs memorandum, by date. and specify the ?eC~tioner's
acceptance of the scipu~ations contained herein. A revised copy of the
FLTD document and draft Ordinance for the rezoning approval must be
sulmnitted to the Uc~lities Division for review and approva~ prior Co the
Petition be~n~ considered by t~e ~oard of County Commiss~onere.
cc~
K~chard C. Grant
Nezshon, Sa~ryer. Johnston, Du~vody & Cole
~00 F~fch A'~enue. $oucho Suite lO~
Naples. F~or~da 3~9~0
EXHIBIT
STATE OF FLORIDA
CO~l"f OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the ~{entieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
Ordinahce No. 87-93
which was adopted by the Board of County Commissioners on. the 17th
day of November 1987, during regulgr session·
WITNESS my hand and'~he official seal of'the Board of County
Commissioners of Collier County, Florida, this 18th day of
November, 198T,
JAMES C. GILES ' '.'-.,
Clerk of Courts and .~l~r.k
Ex-officio to
Coun tv-Corem i s s iq~..r s~. %%% ~... ;,~.
,-, / ',~ .~.~ :- '../,
~'~'~'~~2' - '~