Ordinance 82-075 ORDINANCE 82- 7~
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM-.j
PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR-~
POKATED AREA OF COLLIER COUNTY, FLORIDA-' BY
AMENDING TIlE ZONING ATLAS MAP NUMBER 49-25-6 BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO "PUl)"
PLANNED UNIT DEVELOPMENT FOR WORLD TENNIS CENTER
LOCATED ON TIlE EAST SIDE OF AIRPORT ROAD ACROSS
FROM PINEI4OODS SUBDIVISION ; AND PROVIDING AN
EFFECTIVE DATE:
WIIEREAS, World Tennis Center, petitioned the ~oard cf County
Commissioners to change the Zoning Classification of the herein
described real property;
NOW, TREREFORE BE IT ORDAINED
Commissioners of Collier County, Florida:
SECTION ONE:
by the Board of County
The Zoning Classification of the herein described real property
located in Section 13, Township 49, Range 2~, Collier County,
Florida is changed from "PUD" to "PUD" Planned Unit Development in
accordance with the PUD document attached hereto as Exhibit "A"
vhich is incorporated herein and by reference made part hereof. The
Official Zoning Atlas Hap Number, Number 49-25-6, as described in
Ordinance 82-2, is hereby amended accordingly.
SECTION TWO:
Thie Ordin. o¢~ ~.11 be¢o~ .f~e¢~iv..pon r.¢.ip~ of no,it.
that is bas been filed ~ith t~e Secretary of State.
DATE: August 24, 1982
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
I, I~ILLIA~! J. PEAG~N, Clerk of Courts in and for the Tw~n~e~
Judicial Circuit, Collier County, Florida, do bere/~., cert/fv that t. he
foreg~ing is a true original of:
O~DINANC~ ~. 82-75
wb/chw~s adopted by the r*~ard of Oounty Cu,,~ssio~ers during. ~yular
Session August 24, 1982.
WITNESS my hand and the official seal of the Board of County
Cu,,~.tssioners of Collier Oounty, Florida, this 25th .day of August, 1982.
~Z~.~ J. ~4~ ...................
Clerk of Courts and Clerk '*'. ,.*'~ .... ;'.?,,.
Ex-officio to .~oard of ~':~..'~'-'~'"'..: ".> ..
Oounty Cznmiasioners . ,.. . ...~, . ". ,,.~, ...
9ir~inJ6~aori, ner~utq C19~ '. .' '"...
',,, .'¥~1 .% ,
.This ordinance filed with the Secretary of State's Office the
31st day of August, 1982 and acknowledsement of that filin§
received this 3rd day of September, 1982,
-D~Pu~y Clerk-
WORLD TENNIS CENTER
PLANNED UNIT DEVELOPMENT
LOCATED IN SECTION 13
TOWNSHIP 49 SOUTH, RANGE 25 EAST
PREPARED BY:
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
1383 AIRPORT ROAD NORTH
NAPLES, FLORIDA 33942
DATE ISSUED July 12w1982
DATE APPROVED BY CAPC August 5. 19,82
DATE APPROVED BY BCC AUgUSt 2at lg~?
(ORDINANCE NUMBER)
TABLE OF CONTENTS
SECTION I
STATEMENT OF COMPLIANCE
SECTION II
STATEMENT OF INTENT
SECTION III
PROPERTY OWNERSHIP & LEGAL DESCRIPTION
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
TRACT A: PRESERVATION/CONSERVATION
TRACT B: PROFESSIONAL TENNIS CENTER
TRACT C: COMMONS/OPEN SPACE AREA
TRACT D: MULTI-FAMILY RESIDENTIAL
LOW TO MEDIUM DENSITY
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
PAGE
1-2
4
5-12
6-7
7-9'
9-11
11-12
13-15
SECTION
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of Ronald A.
Ire, Managing Partner, for the World Tennis Center Associates,
4800 Airport Road North, Naples, Florida 33942, to develop +82.6
acres of land located in part of Section 13, Township 49 So~th,
Range 25 East, Collier County, Florida. The name of this proposed
development shall hence forth be known as the 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
facilities 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:
The subject property has the necessary rating points to
determine availability of adequate community facilities
and services.
The project development shall result in an efficient and
economical extension of community facilities and
services.
The project development is compatible and complimentary
to the surrounding land uses.
The subject property will provide a vegetative buffer
between County Road 31 and the surrounding agricultural
zoned lands.
All improvements shall be in compliance with all
applicable regulations.
The development shall consist of eight cjuster villages
and provide additional common open space.
-l-
SECTION
STATEMENT OF INTENT
It is the property owner's intention to commence development of a
substantial World Tennis Center which will include participant
sport facilities, clubhouse including concessions, locker rooms,
saunas, jaccuzzies, a pro shop, trophy area, and other support
facilities required of a highly professional tennis center.
As a separate project but part of the 'same property, it is the
intent of the World Tennis Center Associates to develop a
condominium complex consisting of four villages, 80 units per
village, with forty multi-family residential units, one and two
story attached, per cjuster. The villages will be centered around
major focal points such as the tennis club, lakes, pine and
cypress trees, and environmentally sensitive areas of unique
vegetation. Each village will have a private swimming pool. and
deck area. The villages shall emphasize utilization and
presentation of open space, energy efficiency, water conservation
and preservation of ecologically sensitive areas.
The residential development of a mix of one-two story, mid-rise
multi-family units shall demonstrate a way of life for its
residents that will be eminently desireable, esthetically
pleasing, and environmentally sound. The residents of this
project shall enjoy a low profile, silhouette residential
recreational development among a scenic natural environmental
setting.
-3-
3.1.
3.2.
SECTION III
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
PROPERTY OWNERSHIP.'
The subject property is currently under the control of
World Tennis Center Associates, 4800 Airport Road North,
Naples, Florida 33942. Evidence of assignment of the
Owner's agent and of unified control of the property are
furnished with this document as Exhibit "A" and Exhibit
respectively.
LEGAL DESCRIPTION:
The subject property is described as~
The Southwest 1/4 of the Southwest 1/4 and 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, less the West 100 feet
thereof heretofore conveyed to Collier County, Florida
for road right-of-way.
For the purposes of gross residential land use area, the
subject property including its portion of the road
right-of-way is ~82.6 acres.
-4-
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 the Master
Plan. It is the intent of the project sponsor to develop
low to medium density multi-family residences in a low
profile silhouette with ample common open space associated
with a professional tennis center.
PROJECT PLAN AND LAND USE TRACTS:
The project plan including street layout and land use Tracts
is iljustrated in Exhibits 'C', Master Plan of Development.
The project shall consist of---~our land use tracts of general
area and configuration as shown in Exhibit 'D' .
1. Tract A - Preservation-Conservation
2. Tract B - Professional Tennis Center
3. Tract C - Commons/Open Space Area
4. Tract D - Multi-Family Residential
Low to Medium Density
+ 5.2 Acres
+ 15.0 Acres
+ 29.6 Acres
+ 32.8 Acres
Total Area + 82.6 Acres
It is the project sponsor's intent to develop the property
according to the following phases and schedule.
Year One - Professional Tennis Center
40 Residential Units
Year Two - 80 Residential Units
Year Three - 80 residential Units
Year Four - 120 Residential Units
The total maximum residential units will be 321 units at a
maximum density of 3.88 residential units per gross acre.
--5--
4,4,
TRACT
PRESERVATION/CONSERVATION
A. Purpose:
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 'D' .
B. Function:
The primary function shall be the preservation of an
attractive natural resource community. Retention of
water during rainy season, and a ground water recharge
area as well as a water quality improvement facility.
Provide a unique recreation and aesthetic experience for
the pleasure of project residents.
C. Treatment/Use:
The treatment of these areas shall be the preservation
and protection of flora and flauna, with an exception to
introduce jogging trails, boardwalks, or cross walks and
a roadway to Tract A-1 as indicated on Exhibit 'D'
Prohibit vehicles and construction equipment wi~~
exception of maintenance equipment. Removal of
obnoxious exotics, i.e. Melaleuca Lecudenda, Schinus
Terebinthifolius, and others in acC6rdanCe With County
Ordinance 75-21. Establishment of a maintenance program
to insure a healthy environment by directing water flow
into Tract A to provide optimum surface flooding depths.
Irrigation of the cypress areas during periods of
drought for protection against fire, premature cypress
defoliation and excessive plant stress. All water
management control structures in this tract shall be
designed to insure that they neither cause increased
drainage during dry periods nor increased water
retention during the rainy season.
·
In areas of vegetative types which are valuable or
unique to the environment, development 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.
-6-
4.5.
Final design and location of the roadway.,t~ Tract A-l,
shall be approved by the County Environmental
Consultant. The roadway shall be designed with culverts
in order to maintain flow between the two sections of
this tract.
TRACT B: PROFESSIONAL TENNIS CENTER
A. 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 'D'..·.
Development Plan:
1. The primary purpose and function of this Tract will
be to provide a professional tennis center which
shall include a clubhouse, pro-shop, snack and bar
area in conjunction with tennis courts and a stadium
center court.
All buildings and facilities within the Tract shall
be for the use of the club, club members and their
guests.
C. 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 other
similar facilities.
B)
Swimming pools, shuffleboard courts, and any
other similar types of facilities.
c)
Clubhouse with snack bar, cocktail lounge,
restaurant, pro-shop and other similar uses
intended to exclusively serve patrons of the
tennis center.
-7-
Accessory Uses~ ~ ,
A) Gift shops, sports equipment sales, and other
customary accessories intended to exclusively
serve patrons of the Club and their guests.
Signs as permitted at time of permit
application.
c)
Small buildings, private road, control gate
house, enclosures or other structures
constructed for the purposes of maintenance,
storage, recreation, or shelter with appropriate
screening and landscaping.
D)
Any other customary accessory uses of tennis
clubs or similar establishments.
E)
A residential model unit 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 Condominium
Association Directors as determined to be compatible
with the adjacent zoning by the Zoning Director.
General Requirements:
l)
Overall 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 manner
which will protect roadways and neighboring
properties from direct glare or other
interference.
E. Maximum Height:
Two stories or thirty-five (35 feet within the Tract as
measured from the finished grade of site or from the
minimum base flood elevation required by the Flood
Elevation Ordinance whichever is greater.
F. Minimum Setback Requirements:
All principal use buildings shall be set back a
minimum of fifty (50) feet from abutting residential
Tract boundaries and property boundary line. All
other uses shall be set back a minimum of twenty
(20) feet from abutting Tract and property boundary
lines.
--8--
2) All principal use buildings shall have a
minimum separation of twenty (20) feet.
3) Setback from edge of all private paved roads
shall be twenty-five (25) feet.
4.6.
TRACT C: COMMONS/OPEN SPACE AREA
A. Purpose
The purpose of this Section is to set forth the
development plan and regulations for the areas
designated as Tract C, commons/open space area on
Exhibit 'D'.
B. DevelopmEnt Plan:
The primary function and purpose of this Tract will
be to provide aesthetically pleasing open space
areas and minor private recreational facilities.
Further, these areas shall provide for the flood
relief and drainage of the project.
Except in areas to be used for water impoundment and
principal or accessory use areas, all natural trees
and other vegetation as practicable shall be
protected and preserved. Ail landscaping and
earthwork to be performed in the Commons Area shall
be of high quality and in keeping with the primary
9oals set for this development.
-9-
Uses Permitted:
No building or structure or part thereof, shall be
erected, altered or used, or land used, in whole or 'in
part, for other than the following:
Principal Uses:
a) Open spaces and outdoor recreation facilities.
b)
Lakes and other functional water management
facilities or uses to serve for the flood relief
and drainage of project improved areas.
c)
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.
d)
Shuffleboard courts, tennis courts, swimming
pools with decking, and other types of
facilities intended for outdoor recreation.
2. Accessory Uses:
Small buildings, enclosures or other structures
constructed for purposes of maintenance,
storage, recreation or shelter with appropriate
screening and landscaping.
be
Small docks, piers or other such facilities
constructed for purposes of lake recreation for
project occupants or members.
Ce
Signs as permitted at time of permit
application.
d. A temporary sewerage treatment plant.
-10-
D. General Requtrements~
1)
Duildings shall be set back a minimum of fifty (50)
feet abutting residential districts and the setback
area shall be appropriately landscaped and
maintained to act as a buffer zone.
2)
Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring
properties from direct glare or other interference.
E. Maximum lleight:
Thirty-five (35) feet within the Tract as measured from
the finished grade of site or from the minimum base
flood elevation required by the Flood Elevation
Ordinance whichever is greater.
F®
Minimum Off-street Parking:
As required by Zoning Ordinance at time of permit
application.
TRACT D: MULTI-FAMILY RESIDENTIAL LOW TO MEDIUM DENSITY
A. Purpose:
The purpose of this Section is to indicate the
development plan land regulations for the areas
designated on Exhibit 'D' as Tract "D", Multi-Family
Residential, Low to Medi-~ Density.
B. Permitted Uses and Structures:
No building or structure, or part thereof, shall be
erected, altered or used, or land used, in whole or
part, for other than the following:
1. Permitted Principal Uses and Structures:
(A) Multi-family residences.
2. Permitted Accessory Uses and Structures:
(A) Customary accessory uses and structures.
-11-
(B) Recreational uses 'and faci'lffff~ Such uses
shall be visually and functionally compatible
with the adjacent residences which have use of
such [acilitieso
(C) signs as permitted at time of permit
applications.
C. Maximum Dwelling Units
A maximum of 320 residential dwelling units may be
constructed.
D. Minimum Yard Requirements:
1) Depth from property boundary line (50) feet.
2)
Depth from edge of all private paved roads
(25) feet.
3)
Setbacks from Professional Tennis Center Tract B
Line (20) feet.
4)
Minimum distance between two principal structures
(15) feet.
E. Minimum Floor Area of Principal_S. tructure:
900 square feet for each dwelling unit.
F. Maximum Height of Principal Structure:
Two (2) stories above the finish grade with a maximum
height of thirty-five (35) feet.
In order to comply with the minimum flood elevation
requirements, the maximum height of a structure shall be
measured from the minimum base flood elevation required
by the Flood Elevation Ordinance.
G. Minimum Off-Street Parking:
Two (2) parking spaces per residential unit with a
minimum of 1.5 parking space/unit paved and ..5 parking
spaces/unit reserved for paving at a time deemed to be
appropriate by the County.
Limitation On Signs:
As permitted by the zoning ordinance in effect at time
of application for building permit.
-12-
5·2,
PURPOSE:
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
The purpose of this Section is to set forth the standards
for development of the project.
PUD MASTER DEVELOPMENT PLAN:
F®
The PUD Master Plan (Team Plan, Inc.) and the Land Use
Tract Map (Wilson, Miller, Barton, Soll& Peek, Inc.,
Drawing File No. RZ-58 , Sheet 1 of 1), is an
iljustrative preliminary development plan.
The design criteria and layout iljustrated on the Master
Plan and Land Use Tract Map shall be understood as
flexible so that, the final design may satisfy the
project and comply with all applicable requirements·
Ail necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities.
Minor design changes shall be permitted subject to staff
approval.
Overall site design shall be harmonious in terms of
landscaping, enclosure of structure, locations of all
improved facilities, and location and treatment of
buffer areas.
To protect the integrity of the planned unit
development, residential village neighborhood cjusters,
the only access road shall be the private road as shown
on the master plan with an exception for a temporary
construction road at the northeast end of the property.
Areas iljustrated as "lakes" shall be constructed lakes,
or upon approval, parts thereof may be green areas in
which as much natural foliage as practicable shall be
preserved. Such areas, lakes and/or natural green
areas, shall be of general area and configuration as
shown on the Master Plan.
-13-
5.3.
5.4.
.CLEARING{ GRADING, EARTHWORK~ AND SITE DRAINAGE
All clearing, grading, earthwork and site drainage work,.,~
shall be performed in accordance with all applicable sta~[D
and local codes.
The two cypress zone areas (Tracts A-1 & A-2), iljustrated
in Exhibit 'D' will be protected during construction with
fencing a6d posting. The haul roads will be identified, and
the contractor will adhere to these roads, which will be
stabilized if sand traps occur.
UTILITIES
A central water supply system shall be made available to
all areas of the project. The water supply source for
the project shall be the City of Naples system. A
letter shall be obtained from the water agency approving
extension of the water lines prior to site development.
A letter shall also be obtained from the water agency
committing delivery of water service prior to issuance
of building permits for construction of dwelling units.
Individual wells shall not be permitted for potable
water supplies for residential areas.
The water mains constructed are to be deeded to the
County Water-Sewer District or other legally constituted
governmental entity designated by the Board of County
Commissioners.
Be
All areas of the project shall be served by a central
wast,water collection system and by a temporary on-site
treatment system in an approved location. The project
sponsor agrees to dedicate the collection system to the
County within 30 days following the placing of the
sewage collection system and sewage treatment plant into
service.
Ce
Plans and D.E.R. permit applications for the sewage
collection and treatment plant shall be submitted to the
Utility Division for review and approval in accordance
with Ordinance 80-112.
D. An agreement between County and the owner of the
development stating that:
l)
The owner or their assigns will enter into a lease
agreement with Collier County wherein:
a)
The County will lease for operation and
maintenance the collection system to the project
owner or his assigns for the sum of ten dollars
($10.00) per year.
-14-
b)
All users of the sewage system shall be County
customers. Rates charged for sewage collection
and treatment service shall be approved by the
County.
2)
Connection to the County's central sewer facilities
will be made by the owners or their assigns at no
cost to the County or the County Water-Sewer
District within 90 days after such facilities become
available at the site.
3)
The owners or their assigns will pay all system
development charges mandated by County Ordinance,
District Resolution or other legally acceptable
instruments.
4)
The sewage treatment plant and related appurtenances
will be removed by the owners or their assigns at
not cost to the County Water-Sewer District when the
proposed development is connected to the County's
Central Sewer System.
E. Telephone, power and T.V. cable service shall be made
available to all residential areas. All such utility lines
shall be installed underground.
The above utilities related requirments (A. thru D.) are as
dictated by Utilities Manager, I.L. Berzon's memos of October 7
and 14, 1981 and July 2 and 22, 1982 to Mary Lee Kirchhoff,
Planning Department. The requirements are intended to represent
current County Utilities Policy. In the event the County policy/
ordinances regarding utilities are modified, the modified policy
and/or ordinance requirements shall be applicable.
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.
-15-
5.6.
5,7°
5.8.
RECREATION FACILITIES
By the time that the 80th dwelling unit for each village has
been issued a certificate of occupancy, the project sponsor
agrees to have constructed a swimming pool and deck area in
the location shown on the PUD Master Development Plan as
Recreation Center.
Any additional recreationsl facilities, as may be needed by
the futuer residents of this project, shall be funded
through a system of revenues collecting by the World Tennis
Center Homeowner's Association. The Homeowner's Association
By-Law 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
Homeowner's Association. All Homeowner's shall have a
membership in the professional tennis center.
TRAFFIC IMPROVEMENTS
Provide a three-lane access in alignment with the existing
access to Pine Woods with right turn deceleration lane.
The developer or property owners association 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.
SIDEWALKS/BIKE PATHS
Sidewalks/bike paths may be constructed of crushed shell to
be consistent with the natural environment of the
development.
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