Ordinance 90-070 ORDINANCE 90-70
AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP
SSIFICATION OF THE HEREIN DESCRIBED REAL
PERTY FROM A-2 TO "PUD" PLANNED UNIT ~
ELOPMENT KNOWN AS WILSHIRE LAKES LOCATED
TI{ OF VANDERBILT ROAD RIGHT-OF-WAY, ADJACENT
WEST OF THE 1-75 RIGHT-OF-WAY, FOR 306 :
GLE FAMILY UNITS AND 108 MULTI-FAMILY UNITS
ATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANG~
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
214± ACRES; AND BY PROVIDING AN EFFECTIVE
E.
WI{E~S, William C. McAnly of William C. McAnly Associates,
Inc., 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, Range 26 East ,
Collier County, Florida,is changed from A-2 to "PUD" Planned Unit
Development in accordance with the PUD document attached hereto as
Exhibit "A" which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map Number 48-26-9, as described'
in ordinance Number 82-2, is hereby amended accordingly.
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.
DATE: September 11, 1990 BOARD OF COUNTY COMMISSIONERS
C~ .... COLLIER COUNTY, FLORIDA
A~TEST: BY:
J~d~ES C. GILES,.~CLEP~K MAX A HASSE, JR., CHAIRMAN
APPROVED AS TO FORM AND LEGAL SUFFICIENCY 'Thls ordinance filed
Sec~.~tary o!
ASSISTANT COUNTY
R-89-34 PUD ORDINANCE
nb/2187
WiLStlIRE LAKES
PLANNED UNIT DEVELOPMENT
PREPARED FOR:
JOHN N. BRUGGER, TRUSTEE
PREPARED BY:
WILLIAM C. MCANLY & ASSOCIATES P.A. ,
PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS
5101TAMIAMI TRAIL EAST
SUITE 202
NAPLES, FLORIDA 33962
DATE FI LED 11/14/$9
DATE REVIEWED BY CCPC 8/16/90
DATE APPROVED BY BCC__9_/_1/./_90_-
ORDINANCE N U M B E R__.911=3_0_-
EXlllBIT "A"
TABLE OF CONTENTS
~,. PAGE
.:" LIST OF EXHIBITS I
~:~:' STATEMENT OF COMPLIANCE & SHORT TITLE 'II
,'~ SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III LOW DENSITY SINGLE FAMILY 3-1
RESIDENTIAL DEVELOPMENT
SECTION IV MEDIUM DENSITY MULTI-FAMILY 4-1
RESIDENTIAL DEVELOPMENT
SECTION V COMMONS/RECREATION AREA 5-I
SECTION VI CONSERVATION AREA 6-1
SECTION VII BUFFER AREA 7-1
SECTION VIII DEVELOPMENT COMMITMENTS 8-1
LIST OF EXHIBITS
EXHIBIT A Planned Unit Development Master Plan
{Prepared by William C. McAnly & Associates
i, P.A )
EXHIBIT B Planned Unit Development Tract Map
STATEMENT OF COMPLIANCE
The development of approximately 214 acres of property in
Collier County, as a Planned Unit Development to be known as
Wllshire 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 Wllshire Lakes will be consistent with the
growth policies, land development regulations, and
applicable comprehensive planning objectives for the
following reasons:
1) The subject property is vithin the Urban Residen-
tial Land Use Designation as identified on the
Future Land Use Map as required in Objective 1,
Policy 5.1 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 project development is compatible and comple-
mentary to existing and future surrounding land
uses as required in Policy 5.4 of the Future Land
Use Element.
4) Improvements are planned to be in substantial
compliance with applicable forthcoming land
development regulations as set forth in Objective 3
of the Future Land Use Element.
5) The project development will result in an efficient
and economical extension of community facilities
and services as required in Policies 3.1.H and L of
the Future Land Use Element.
6) The project development is planned to incorporate
natural systems for water management in accordance
¥1th their natural functions and capabilities as
may be required in forthcoming regulations required
by Objective 1.5 of the Drainage Sub-Element of the
Public Facilities Element.
II
39,, , 415
SECTION X
PROPERTY OWNERSHXP AND DESCRXPTXON
PURPOSE:
The purpose of this Section is to set forth the
location and ownership of the property, and to de-
scribe the existing conditions of the property pro-
posed to be developed under the project name of
Wilshire Lakes PUD.
:-. 1.2 LEGAL DESCRXPTXON:
The subject property being 214 acres, Is described as
a parcel of land located in Section 31, Township 48
South, Range 26 East, Collier County, Florida, more
'.' particularly described as follows:
Commence at the Southwest corner of Section 31, Town-
ship 48 South, Range 26 East, Collier County, Florida
and run South 89o56'17'' East along the Southerly line
of said Section 31 for 2639.69 feet to the South
Quarter Corner of said Section 31; thence run North
02o09'03" West for 150.15 feet to the Northerly
Right-Of-Way line of Vanderbilt Beach Road and the
POINT OF BEGINNXNG; thence run North 89o56'17. West
for 659.97 feet; thence run North 02o10'04" West for
183.57 feet; thence run South 89o56'28" East 330.01
feet; thence run North 02o09'39" West for 333.74 feet;
thence run South 89o56' 39" East for 330.06 feet;
thence run North 02o09'03" West for 1335.01 feet;
thence run North 89o57'13'' West for 661.68 feet;
thence run North 02o16'08" West 667.52 feet; thence
run North 02007'05" West for 334.02 feet; thence run
South 89057'43" East for 496.84 feet; thence run North
02o11'39" West for 334.10 feet; thence run South
89o58'05" East for 165.47 feet; thence run North
02o13' 10" West for 668.22 feet; thence run North
89o58'48" West for 1321.36 feet; thence run North
02o13'08" West for 667.42 feet; thence run South
89o57'43" East for 1321.36 feet; thence run North
02o13'10" West for 333.50 feet; thence run South
89o57'10" 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 05031'29., a chord
of 1120.10 feet and a chord bearing of South 15o34'
24" East to a point of tangency;
1-1
thence run South 18o20'08" 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
06o52'05", a chord of 895.79 feet and a chord bearing
of South 14o53'57" East to the intersection with the
Northerly Right-Of-Way line of said Vanderbilt Beach
Road; thence run North 89o56'17'' 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 5729.58 feet, a central angle of 05o23'13",
a chord of 538.50 feet and a chord bearing of South
87o22'07" West to a point of tangency; thence run
South 84040'30" 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 05o23'13'',
a chord of 538.50 feet and a chord bearing of South
87o22'07" West to a point of tangency; thence run
North 89o56'17" West for 494.64 feet to the Point of
Beginning, containing 214 acres more or less.
1.3 PROPERTY OWNERSHIP:
The subject property is currently under the ownership
of John N. Brugger, as Trustee.
1.4 SHORT TITLE:
This Ordinance shall be known and cited as the
"Wilshire Lakes Planned Unit Development Ordinance."
1.5 GENERAL DESCRIPTION OF PROPERTY AREA:
A. The project site is located in Section
31, Township 48 South, Range 26 East. Further-
more, 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 A-2, Agriculture.
1-2
bOOK 3g 417
~ 20 21 22 23
30 25 28 27 I'l," 20
SI' .'E o
31 1,-.Ir-~ 32 33 34 (,f)'J~ 35
': VANDERBILT BEACH ROAD
!
%:,
,:~ 7 8 g
;~,,,. I0 11
'~' ~.~ ~,-~,. PINE RIDGE ROAD
VICINITY MAP
1.6 PHYSICAL DESCRIPTION:
~:., The project .site is located adjacent and to the north
of Vanderbllt Beach Road, and adjacent and to the vest
of the 1-75 Right-Of-Way. The project site lies in
....... ~he t~ibutary-basin o~_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 30 acres of lakes and 21 acres of preserve
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
---predominantly Arzell fine sand and Brovard fine sand,
and minor areas of Immokalee fine sand and Keri fine
sand in the southeastern and northern areas of the
site, respectively. Soil characteristics were derived
from the Soil Survey of Collier County, Florida,
issued by the U.S. Department of Agriculture in March,
1954.
1.7 PROJECT DESCRIPTION:
The Wilshire 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 and electricity.
Sever service will be provided by a temporary on-site
sewage treatment plant proposed to be located in the
northern portion of the project site. At such time
that the County treatment and collection system is
available, this project will be connected, and the
temporary wastewater treatment plant removed. Also,
additional services will be provided as deemed
appropriate.
SECTION X I
PROJECT DEVELOPMENT
2.1 PURPOSE:
The purpose of this Section is to delineate and gener-
ally describe the project plan of development, the
respective land uses of the tracts included in the
project, as well as the project criteria for Wllshire
Lakes.
GENERAL:
A. Regulations for development of Wllshire 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 Zoning Ordinance in effect at the
time of Building Permit application.
B. Unless otherwise noted , the definitions of all
terms shall be the same as the definitions set
forth in Collier County Zoning Ordinance in
effect at the time of Building Permit applica-
tion.
C. Ail conditions imposed and all graphic material
presented depicting restrictions for the develop-
ment of Wilshire Lakes PUD shall become part of
the regulations which govern the manner in which
the PUD site may be developed.
~ 2.3 PROJECT PLAN AND LAND USE TRACTS:
..~ A. The project Master Plan, including layout of
>i. streets and general depiction of land use,
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"
~' ,TYP~ VNITS ACREAGE-
TRACT "A" SF 306 90
TRACT "B" HF 46 5
TRACT "C" MF 62 6
TRACT "CB" CR 0 46
TRACT "CO" CO 0 21
' '. TRACT "S" BUFFER 0 9 ::..
B. Areas iljustrated as lakes by Exhibit "A" shall
be constructed lakes or, upon approval, parts
~ there of may be constructed as shallow,
:" intermittent wet and dry depressions for water
retention purposes. Such areas, lakes and
intermittent wet and dry areas shall be in the
same general configuration and contain the same
i,, general acreage as shown by Exhibit "A".
C. In addition to the various areas and specific
items shown in Exhibit "B", such easements as
necessary (utility, private, semi-public, etc.)
shall be established within or along the various
tracts as may be necessary.
MAXIMUM PROJECT DENSITY:
A maximum of 414 residential dwelling units, single
and multi-.family, shall be constructed in the total
project area. The gross project area is approximately
214 acres. The gross project density, therefore, will
be & maximum of 1.9 units per acre.
i. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS:
~:" ' The project shall be platted in accordance with the
Collier County Subdivision Regulations to define the
:i... Right-Of-Way and tracts as shown on the PUD Master
Plan, unless ownership is to remain with one entity
(no fee simple selling of lots or tracts) and a Site
Development Plan is submitted for approval for the
entire area encompassed by the PUD Master Plan.
ii. If a plat is to be recorded on this project, the
~r~ following must occur prior to development of any
<
individual parcel, tract or lots:
~ A. A Subdivision Master Plan over the entire PUD
~i' must be submitted and approved in accordance with
the County Subdivision Regulations.
B. Construction plan and plat for either the entire
PUD or that portion proposed for initial
construction must be submitted and approved.
. Subsequent further development of any platted tract or
· parcel shall follow the following:
"~ C. The developer of any platted tract or parcel
· which is not intended to be further subdivided,
shall be required to submit and receive approval
~.~ of a site plan in conformance with the
requirements established within Section 10.5 of
the County's Zoning Ordinance.
D. The developer of any platted tract or parcel
which is intended to be further subdivided shall
be required to submit and receive approval of a
Subdivision Master Plan for that tract in
conformance with the requirements established
within Article IX of the Subdivision Regulations,
if the original Subdivision Master Plan did not
,h show specific development within that tract or
,. parcel. Then, construction plans and a plat
:~,' shall be submitted and approved.
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 dweliing 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 of all development tracts
will be provided at the time of development plan
approval in accordance with Section 2.5.
2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES:
Easements shall be provided for water management
areas, utilities and other purposes as may be needed.
Said easements and improvements shall be in
substantial compliance with the Collier County
Subdivision Regulations.
All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities in
compliance with applicable regulations in effect at
the time'approvals are requested. ,
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 pro3ect.
2,8 MODEL HOMES:
No more than three "Dry Models" may be constructed
~'~"' prior to recording of a plat for the project if
.. applied for by the project owner. Site(s) for the
model(s) must conform to zoning standards and be
~,' located on a future platted lot. A metes and bounds
legal description shall be provided on the site plan
required as part of the building permit issuance.
i~. Access shall be provided to each model from the model
I serving as a "Sales Center" or an approved independent
" "Sales Center". Access shall be for pedestrian
!':" traffic only, no paved road will be allowed.
A "Sales Center" may be constructed prior to recording
of a plat. The "Sales Center" shall be limited to one
structure (one building permit}. It may be serviced
by a temporary utility system (ie: dry well and septic
tank/drainf'ie Id) prior to availability o f central
utility systems at which time connection to the
central system will be made. Interim fire protection
facilities in accordance with NFPA requirements are
required unless a permanent water system is available
to serve the Center.
Review and approval of the "Sales Center" shall follow
the requirements of the Site Development Plan process
(County Zoning Ordinance, Section I0.5}. A metes and
bounds legal description shall be provided as part of
the application. Access to the "Sales Center" shall
be provided by a paved road or temporary driveway
which meets County standards. A water management plan
must be provided which accommodates the runoff from
the "Sales Center", the required parking and access
road/driveway and any other impervious surfaces. The
system shall be designed to fit in with the master
water management system for the entire development.
At the time of building permit application for a
"Sales Center" a Temporary Use Permit shall be
obtained. "Sales Centers" may not be occupied until a
Certificate of Occupancy is issued. Models must
obtain a conditional Certificate of Occupancy for
model purposes only. Hodels may not be occupied until
a permanent Certificate of Occupancy is issued.
2-5
SECTION Ill
LOW DENSITY
SI~!GLE FAMILY RESIDENTIAL DEVELOPMENT
3.1 PURPOSE:
The purpose of this Section is to identify specific
development standards for areas designated on Exhibit
"B" as Tract A, Single Family Residential.
MAXIMUM DWELLING UNITS:
The maximum number of single family dwelling units
allowed within the PUD shall be as follows:
Tract A = 306
Total = 306
USES PERMITTED:
No building or structure, or part thereof, shall be
altered or used, or land used, in ~hole of part, for
other than the following:
A. Principal Uses:
1) Single Family D~elling Unit
On-site sewage treatment plant/facilities
(see Section 3.5 of this PUD document).
3) Model Homes (see Section 2.8 of this PUD
document).
B. Accessory Uses:
1) Customary accessory uses and structures,
including private garages.
2) Utility facilities and, or easements.
DEVELOPMENT STANPARDS:
A. GENERAL: Except where noted, all yards, set-
backs, etc. shall be in relation to the
individual parcel boundaries.
B. MINIMUM LOT AREA: Ten Thousand (10,000) square
feet.
C. MINIMUM LOT WIDTH:
1) Corner Lots - Ninety-five (95)
21 Interior Lots - Eighty five {85)
feet.
D. MINIMUM YARDS - PRINCIPAL STRUCTURE:
l) Front Yard - Thirty (30) feet.
2) Side Yard - Seven and one half
(7.5) feet, except for lots located
on the perimeter of the project
with buffer area included within
the lot boundaries. A 7.5 foot
side yard setback shall not be
required for such lots, based upon
the fact that no structure is
permitted within the buffer area,
as set forth in Section 8.
3) Rear Yard - Twenty-five (25) feet.
E. MINIMUM YARDS - ACCESSORY STRUCTURE(S):
1)Front Yard - Same as principal
structure.
2)Side Yard - Same as p~incipal
structure.
3) Rear Yard - Ten (10) feet, except
for lots located on the perimeter
of the project with buffer area
included within the lot boundaries.
A 10 foot rear yard accessory
structure setback shall not be
regired for such lots, based upon
the fact that no structures are
permitted within the buffer area,
as set forth in Section 8.
::i F. MINIMUM FLOOR AREA:
1) One Story Structures: One Thousand
(1000) square feet.
!!~. 2) Two Story Structures: One Thousand
~ Two Hundred (1,200) square feet.
· '~'. G. OFF-STREET PARKING AND LOADING REQUIREMENTS:
· As required by Collier County Zoning
Ordinance in effect at the time of Final
~' Subdivision Master Plan approval
=: H. MAXIMUM IIEIGHT:
1) Principal Structure - Thirty
feet.
2} Accessory Structure- Fifteen
i~ feet.
~.'~ 3.5 SPECIAL USE:
A portion of Tracts A and CR ma)' be used as the
temporary location of a sewage treatment plant and
oxidation/evaporation ponds until the Count)' treatment
and collection system is available to serve the
pro~ect. At such time as the treatment plant is
~:' discontidued, Tract CR shall be utilized as set forth
~: in this document, and all of Tract A shall be utilized
for single family development as provided for by this
Section.
A. DEVELOPMENT STANDARDS:
A Florida Department of Environmental Regulation
permit must be obtained prior to the installation
of the temporary sewage treatment facility.
Setbacks for the sewage treatment plant shall be
dictated by the DER permit and shall be measured
from the sewage treatment facility parcel
boundaries. If sewage treatment percolation
ponds are utilized, a minimum two hundred (200)
foot setback from any water body or one hundred
(lO0) feet from dry retention/detention areas
shall 'be maintained in accordance with the South
Florida Water Management District rules.
,~-~:: ' 3-3
~:,: ~001( 39 PAr,[ ~27
LANDSCAPED BUFFER RE(~UIREMENTS:
:~ a. Landscaped buffer in accordance
with the Zoni n~; Ordimance in
i~ effect at the time of Site
1,~ Development Plan approval .
Existing native plant types may
be utilized, or;
, b. Earthen berms: 3:1 minimum
~':.., slope, or;
~!i' ' c. Fences/walls in accordance with
the Zoning Ordinance in effect
at the time of Site Development
Plan approval.
2) MAXIMUM HEIGHT: Thirty (30) feet.
SECTION IV
MEDIUM DENSITY
MULTI-FAMILY RESIDENTIAL DEVELOPMENT
PURPOSE:
The purpose of this Section is to identify specific
development standards for the areas designated on
Exhibit "B" as Tracts B and C, Medium Density Multi-
Family Residential.
MAXIMUM DWELLING UNITS:
A maximum number of multi-family dwelling units al-
lowed within the PUD shall be as follows:
TRACT B = 46
TRACT C = 62
TOTAL = 108
~.'~:~' 4.3 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:
A. Principal Uses:
1) Multi-Family dwelling units.
B. Accessory Uses:
~,. 1) Accessory uses and structures,
including private garages.
4-1 ~
2) Recreational uses and facilities
such as svimmlng pools,tennis
courts,children's playground areas,
etc. Such uses shall be visually
and functionally compatible with
the adjacent residences which may
have the use of such facilities.
4.4 DEVELOPMENT STANDARDS:
A. GENERAL: Ail criteria listed below shall be
understood to be in relation to
respective tract boundary lines or
between buildings.
B. MINIMUM LOT WIDTH: One hundred (100) feet.
C. MINIMUM YARDS - PRINCIPAL STRUCTURE:
1) Front Yard: Thirty (30) feet.
2) side Yard: Twenty (20) feet, except
where a side yard contains a
portion of the buffer area (Tract
S). A 20 foot side yard setback
shall not be required for such
areas, based upon the fact that no
structure is permitted within the
buffer area, as set forth in
Section 8. '
3) Rear Yard: Thirty (30) feet.
4) Distance Between Principal Struc-
tures: Twenty (20) feet, or one-
half (1/2) the sum of the heights
of adjacent structures, whichever
is greater.
D. MINIMUM YARDS - ACCESSORY STRUCTURE(S):
1) Front Yard: Fifteen (15) feet.
2) Side Yard: Fifteen (15) feet.
3) Rear Yard: Ten (10) feet.
Note: No structures are permitted within
the buffer area (Tract S), as set forth
in Section 8.
4-2
,oo
E. MINIMUH FLOOR AREA: Seven hundred fifty (750)
square feet.
F. MAXIMUM }IEIGIIT:
~! I } P~'lncipal Structure; Thirty-five
i~ (35} feet.
~,'- 2) Acces-ory Structure: Fifteen (15)
feet.
~: . G. OFF-STREET PARKING AND LOADING REQUIREMENTS:
As required bF Collier County Zoning Ordinance in
effect at the time of Site Development Plan
approval.
4-3
39 431
COMMONS/RECREATION AREA
5.1. PURPOSE:
The purpose 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 of
this Tract will be to provide aesthetically pleasing
open areas and passive/active recreational areas.
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.
5.2. 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:
A. Principal Uses:
1) Structures which house social,
recreational, administrative, or
security facilities.
2) Lakes/water management facilities.
3) On-site sewage treatment plant
facilities (see Section 3.5 of this
PUD document).
4)Signage for pro3ect identification
or advertising.
5) Open Spaces / Nature Preserves.
6) Pedestrian and bicycle paths, or
other similar facilities construct-
ed for purposes of access to, or
passage through the commons areas.
7) Small docks, piers or other such
facilities constructed for purposes
of lake recreation for residents of
the project.
8i Shuffleboard courts, tennis courts,
swimming pools, and other types of
facilities intended for outdoor
recreation.
B. Accessory Uses:
1} Customary accessory uses or struc-
tures incidental to recreational
areas and, or facilities, including
structures constructed for purposes
of maintenance, storage, recreation
or shelter with appropriate screen-
ing and landscaping.
DEVELOPMENT REGULATIONS:
A. Overall site design shall be harmonious in terms
of landscaping, enclosure of structures, location
of access streets and parking areas, and location
of screened areas.
B. All recreational buildings shall be setback a
minimum of thirty (30) feet from all parcel bound-
aries.
C. Buildings shall be setback a minimum of fifty
feet from abutting residentially zoned districts,
and a minimum five {$1 foot landscaped, maintained
buffer shall be provided. ,
D. Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring
properties from direct glare, or other interfer-
ence.
E. A Site Development Plan in compliance with the
Development Regulations shall be required in
accordance with Section 2.5 of this PUD document.
F. Maximum Height:
1) Principal Structure: Thirty-five
(35) feet.
2) Accessory Structure: Fifteen
(15) feet. '
BOOK
,qinimum Off-Street Parking And Loading:
11 Recreation Areas: One 11) sprite for
~ ' each 200 square feet of gr-oss floor
:. area,
;' 2) Loading Areas: As required by the
Zoning Ordinance at the time of
i~ Site Development Plan approval.
5-3
CONSERVATION AREA
~!,.~
6.1 PURPOSE:
i~ The purpose of this Section is to set forth the devel-
!~' '. opment plan for the areas designated as Tract CO,
~- Conservation Area on Exhibit "B". The primary function
!. and purpose of this Tract will be to preserve and
protect native flora and fauna in it's natural state.
6.2 USES PERMITTED:
Elevated boardwalks may be constructed in the various
preserve areas for the purpose of enjoyment of the
natural amenities by the residents of the project,
subject to receipt of appropriate permits.
SECTION VII
BUFFER AREA
7.1 PURPOSE:
The purpose of the Section is to set forth the
development plan for the areas designated as Tract S,
Buffer Area on Exhibit "B". The primary function and
purpose of this Tract will be to protect residential
land uses from more intensive residential land uses,
possible impacts from adjacent roadways and, or non-
residential land uses.
7.2 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 in accordance
with the Zoning Ordinance in
effect at the time of Building
Permit approval. Existing native
plant types may be utilized and,
or;
21Earthen berms: 3:1 minimum slope
and, or;
3) Fences/walls: Nine (9) foot maximum
height; permitted only adjacent to
major roadways, (i.e. 1-75 and
Vanderbilt Beach Road) all others
limited to a maximum six (6) foot
height
B. Accessory Uses: None.
?.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 VIII ~'
D£V ELOP.~tENT C08HITMENTS
8.1 PURPOSE:
The purpose of this Section is to set forth the
development commitments for the development of the
project.
8.~ CENERAL:
All facilities shall be constructed in strict accord-
ance with Site Development Plans, Final Subdivision
Plans, and all applicable State and local laws, codes
and regulations. Except where specifically noted or
stated otherwise, the standards and specifications of
the current official County Zoning Ordinance and
Subdivision Regulations shall apply to this project.
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
developew will agree to convey Lo any successor or
assignee in title, any commitments within this
a~reement.
8.3 PUD MASTER PLAN:
A. Exhibit "A", PUD Master Plan iljustrates the
proposed development. Minor site alterations may
be permitted subject to the requirements of
Section $.27 J. of the Zoning Ordinance, or
planning staff administrative approval, as
appropriate.
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.
8.4 SCH£DUL£ OF DEVELOPM£NT:
A development plan shall be submitted, where required,
for each phase of development identified in this
Section. Any phase lines which may be depicted on
Exhibit "B", PUD Tract Map shall be considered
conceptual and may be modified prior to platting
according to market demands. Applicability of the
Site Development Plan procedure to this PUD is set
forth in Section 2.5 of this document.
The Wilshire Lakes PUD is planned to be developed in
three phases. Should marketing of the project prove to
be favorable, the developer reserves the right to
develop various phases simultaneously. Platting of
the entire PUD will be required. Phases of development
may include construction of residential, social or
recreational structures, roadway or lake construction,
or construction of on site utility treatment
facilities. The multi-family Tracts B and C may not be
developed in conformance with the phasing schedule
proposed.
The development of Phnse I will include the
construction of single-family lots and their related
infrastructure. The southerly lakes and
recreation/sales facility may also be developed in
Phase I. Phase I may include the development of the
multi-family Tract B.
The development of Phase II will include the
construction of single-family lots and their related
infrastructure. The two central interior water
management lakes may be excavated in Phase II also.
Phase II may include the development of the multi-
family Tract C.
The development of Phase III will include the
construction of single-family lots and their related
infrastructure. The westerly water management lake
may also be excavated in Phase III, as well as any
reshaping of the existing excavated lake.
8.5 ENGINEERING:
A. Detailed paving, grading, site drainage and
utility plans shall be submitted to Project
Review Services 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 Review
Services.
8-2
39 ,,; 438
~" B. Design and construction of all improvements shall
~'~<' be subject to compliance with the appropriate
~., provisions of the Collier County Subdivision
Regulations.
!~{~. 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
I~;'~'< meet the requirements of Collier County
,.--~ Right-Of-Way Ordinance 82-91. The multi-family
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 100 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, but not less than 40 feet,
~[' may be allowed provided that an analysis for lake
'i setback curves is made and roadside curbing
barrier curb is installed.
~i 8.6 UTILITIES:
A. Water distribution, sewage collection and
transmission and interim water and/or sewage
~, treatment facilities to serve the project are to
!,~ be designed, constructed, conveyed, owned and
· ~.~ maintained in accordance with Collier County
!~[. Ordinance No. 88-76, as amended, and other
.i~.~!I applicable County rules and regulations.
B. All customers connecting to the water
distribution and sewage collection facilities to
be constructed will be customers of the County
and will be billed by the County in accordance
with the County's established rates. Should the
County not be in a position to provide water
and/or sewer service to the project, the water
and/or sewer customers shall be customers of the
interim utility established to serve the project
until the County's off-site water and/or sewer
facilities are available to serve the project.
It is anticipated that the County Utilities
Division will ultimately supply potable water to
meet the consumptive 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 wastewater at the time
development commences, the Developer, at his
expense will install and operate interim water
supply and on-site treatment facilities and/or
interim on-site sewage treatment and disposal
facilities adequate to meet all requirements of
regulatory agencies. An
the
appropriate
agreement shall be entered into between the
County and the Developer, binding on the
Developer, his assigns or successors regarding
any interim treatment facilities to be utilized.
The agreement must be legally sufficient to the
County, prior to the approval of construction
documents for the project and be in conformance
with the requirements of Collier County Ordinance
No. 88-76, as amended.
If an interim on-site water supply, treatment and
transmission facility is utilized to serve the
project, it must be properly sized to supply
average peak day domestic demand, in addition to
fire flow demand at a rate approved by the
appropriate Fire Control District servicing the
project area.
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. The coordination for
the extension shall be processed through the
County Utility Division. During the design of
these facilities, the following features shall be
incorporated into the distribution system:
1) Dead end mains shall be eliminated by looping
the internal pipeline network or a hydrant
shall be provided at the end.
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.
,~- F. The existing off-site facilities of the District
must be evaluated for hydraulic capacity to serve
this project and reinforced as required, if
necess.ary, consistent with the County's WaLer
tlaster Plan to insure that the District's water
mystem can hydraulically provide a sufficient
quantity of water Lo meet the anticipated demands
of the project and the District's existing
~, committed capacity.
G. Prior to approval of constrtiction documents by
ig'. the County, the Developer must present
verification pursuant to Chapter 367, Florida
..... Statutes, that the Florida Public Service
. Commission has granted territorial rights to the
"' Developer to provide sewer and/or water service
to the project until the County can provide these
? services through its sewer facilities.
H. The utility construction documents for the
i/ project's sewerage system shall be prepared to
j:,.~ conLain the design and consLruction of the on-
~ site force main which will ultimately connect the
. project to the future central sewerage facilities
of the District in the Vanderbilt Beach Road
z rights-of-way. The force main must be extended
from the main on-site pump station to the north
rights-of-way line of Vanderbilt Beach Road and
:~ capped. It must be interconnected to the pump
~' station with appropriately located valves to
permit for simple redirection of the project's
sewage when connection to the County's central
sewer facilities becomes available. '
TRANSPORTATION:
A. A gatehouse/security facility ma)- 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 pro~ect
entrance.
C. The developer shall provide a fair share
contribution toward the capital cost of a traffic
signal at the pro~ect entrance when deemed
warranted by the Count)-. The signal will be
owned, operated and maintained by Collier County.
8-5
~. D. The developer shall provide arterial level street
lighting at the project entrance.
E. The developer shall provide a sidewalk/bikepath
along the entire Vanderbilt Beach Road frontage.
F. The gate house shall be located so as not to
cause vehicles to be backed up to Vanderbilt
Beach Road.
C. The road impact fee shall be in accordance with
the schedule contained in Ordinance 85-55, 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, as required
by Chapter 316.0747, Florida Statutes.
J. Access to Vanderbilt Beach Road shall be designed
~ and constructed so as not to adversely affect
~ existing access to private parcels lying ,:utside
the PUD.
%. K. The Count)' reserves the right to control median
':~ opening locations under future multi-laning of
i~' Vanderbilt Beach Road to include limiting access
to right turns in and right turns out.
L. 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.
M. 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.
8.8 WATER MANAGEMENT:
A. Detailed paving, grading and site drainage plans
· shall be submitted to Project Review Services
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 Review Services.
B. Design and construction of all improvements shall
be sub3ect to compliance with the appropriate
provisions of the Collier County Subdivision
Regulations.
C. A copy of the SFWMD Permit of Early Work Permit
is required prior to construction plan approval.
D. Prior to construction plans approval, a DER,
ACOE, and SFWMD permit for any alteration done to
wetlands under their jurisdiction shall be
provided.
E. An Excavation Permit will be required for the
proposed lake(s} in accordance with Collier
County Ordinance No. 88-26 and SFWMD rules.
F. This approval does not constitute acceptance of
the proposed control elevation. Prior to SMP
approval, the petitioner shall provide
documentation from the South Florida Water
Management District confirming the proposed
control elevations for the project.
8.8 ENVIRONMENTAL:
A. The petitioner shall be subject to Ordinance No.
75-21, as amended by Ordinance No. 89-58
(preservation of native habitat and tree removal
permit).
B. Pursuant to Ordinance No. 89-58 and Collier
County Growth Management Plan, Coastal
Conservation Zone Element, Goal 8, Objective 8.2,
Policies 6.2.2, 6.3.7, 6.2.9, 6.2.13, 6.2.14, and
Objective 6.5, net loss of viable naturally
functioning fresh water wetlands. Approximately
fifty-one (50.8) acres, the equivalent of
twenty-five percent (25~) of the existing natural
habitat on site (i.e. disturbed and agricultural
land uses not included), shall be retained or
provided for. Twenty-one (21) acres of the total
acreage shall be designated as preserve areas.
Distribution of the remaining acreage shall be
determined at the time of Subdivision Master Plan
o (SMP) review and may require reduction of lake
C. "Preserve" areas shall retain the existing
~. natural canopy, underst ory, and groundcover
vegetation, and shatl be maintained free of
'" exotic species pursuant Lo applicable ordinances.
' A boardwalk may be permitLed in each preserve
~" area as determined by County, StaLe and Federal
~'~ Review .Agencies.
~/" D. "Natural buffer" areas shall be defined as ail
areas not designated as "preserve", and which are
not within the development enxelope, ~aLure
trails, picnic areas, and educational displays
are permissible in these areas. These areas may
¢ be credited as serx'lng buffers around
i. and preserves.
E. A minimum of 4.4 acres of mitigation shall be
provided, A mitigation plan for the entire
project shall be submitted upon Lhe first SDP
.~ubmltt. al, with final SDP approval contingent
upon the mitigation scheme t;e in~ ~ppro%'ed by
{2 Prc.)ect Review Services.
F. Tie petitioner shall be subject to Ordinance No.
82-37, as amended by Ordinance No. 89-~3 ( removal
· : of exotic species}.
G. The petitioner shall be subject to Ordiuance No.
' 89-57 (use of native species in landscaping}.
: H. If during the course of site clearing,
~,'~[!~ e.%cavation, or other' construction activities, ar,
archaeological or historical site, ar%ifact, or
other indicator is disco%'ered, all development at
(~, the location shall be immediately stopped and
· Project Review Services notified. Development
will be suspended for a sufficient length of time
; Lo enable Project Review' Services, or a
designated consultant to assess the find and
determine the proper course of action in regard
to its salvage&bility. Project Review' Services
· . will respond to an>' such notification in a timely
,, and efficient manner so as to pr'ovide only a
~ minimal interruption to an>' construction
activity.
I. Ail "preserves" and "natural buffer" areas shall
be identified by a survey and preserved on the
F:. 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.
8-8
..., 39 , ,,444
~' 8,9 ACCESSORY STRUCTURES:
Accesscr.v structures may be construe'Led :~imulL,~ne~m~ly
:'~ with, or f.oll~win~ the construction of the
,, ~t ructure.
A11 ~i~n~e ~hall be in accorda~'e ~'kth L'ollker Count>
Ordinance
.,o. 89-60 or similar re~ulation formall:.'
adopted by the Board Count:.' ~ommksskoners in erfect
the Lime of Site Development ['Inn
'~ 8.11 LANDSCAPING EOR OEF-S?REE? PARKING AREAS:
All landscaping for off-street parkint areas shall be
In accordance ~'ith the Collier Count:,' Zonin~ Ordinance
in effect at the time of Site Development Plan
approval .
~' Rooms may be provided within common areas,lTract
~] '- for the purpose of permittin~ residents ~'ithi~ tl,e
PUD to vote durin~ all elections. The number and
~' location of needed rooms shalk be determined b:.' the
Collier Count:.' Supervisor of Elections.
SECTION 30, TOWNSHIP 48 SOUTH. RANGE 26 EAST
EXHIBITS TO THE P.U.D.
LAND USE BUUUARY
..r. MUtmm-r~T Ri~IDi3C{*AI, iLO
~Urr~ ~.0 ~
~T~ ~ fl4.0 ~.~
VANDERBI],T BEACH ROAD
?' WILSHIRE LAKES
P.U.D. MASTER PLAN
WILSHIRE LAKES
'""] P.U.D. TRACT MAP
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts An and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 90-70
~hich waa adopted by the Board of County Commissioners on
the 1Xth day of September, 1990, dur/ng Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this
day of September, 1990.
JAMES C. GILES
Clerk of Courts and Cl~.~k
Ex-officio to Board
County Commissioners -- ."
_ ~ t . /
B~: /s/Maureen Kenyon "~,' ',.,..,'
Deputy Clerk '