Agenda 06/14/2011 Item #16A 6
6/1412011 Item 16.A.6,
. EXECUTIVE SUMMARY
Recommendation to authorize a budget amendment to recognize revenue through at reimbursement
from Florida Department of Transportation (FDOT) for the CR-901 Vanderbilt Dr. Bridge Project
within the Transportation Supported Gas Tax Fund (313) in the amount of $759,463.74.
OBJECTIVE: For the Board of County Commissioners (BCC) to authorize a budget amendment to recognize
revenue from FDOT for the CR-90 1 Vanderbilt Dr. Bridge Project within the Transportation Supported Gas
Tax Fund (313) in the amount of $759,463.74 back to project #60178.
CONSIDERATIONS: On June 9, 2008 the BCC entered into a settlement agreement (attached) with Lodge
Abbott that committed $3,000,000 towards Vanderbilt Drive corridor improvements (term #6, page 3). On
October 28, 2008, the Board of County Commissioners approved a Locally Funded Agreement between FDOT
and Collier County for construction of a new bridge over the Cocohatchee River on County Road 90 1
(Vanderbilt Dr.), This also included a memorandum of Agreement between FDOT and Collier County and the
State Department of Financial Services establishing an escrow account to deposit funds related to that project.
On December 10, 2008, a check in the amount of $1,761,811 was paid from the Lodge Abbott funds to the
Department of Financial Services to be held in escrow. The project has now been completed and the Florida
Department of Transportation has refunded the unencumbered balance of $694,316 plus interest in the amount
of $65,147.74 for a total of $759,463.74. These funds are part of the original settlement agreement and must be
used towards improvements within the Vanderbilt Drive corridor and therefore shall be deposited and
recognized back in the Vanderbilt Drive project account (project #60178) for use on future projects as directed
by the Board of County Commissioners.
LCAL)MPACT: The total amount of $759,463,74 was deposited into the Transportation Supported Gas
Tax Fund 313 for Vanderbilt Dr,; project 60178. A budget amendment is needed to recognize the revenue and
appropriate into this proj ect.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney and does
not present a legal issue. This item requires majority vote, -JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorize the necessary budget
amendment.
Prepared By: Michael Greene, Transportation Planning Manager, Growth Management Divisio~ Planning &.Regulation, Land Development Services
Attachments: Budget Amendment, Settlement Agreement
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6/14/2011 Item 16.A,6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16,A.6.
Item Summary: Recommendation to authorize a budget amendment to recognize
revenue through reimbursement from Florida Department of Transportation (FDOT) for the
CR-901 Vanderbilt Dr. Bridge Project
Meeting Date: 6/14/2011
Prepared By
Name: BradfordAlison
Title: Project Manager,Transportation Planning
5/10/2011 11 :30:50 AM
Approved By
Name: GreeneMichael
Title: Manager - Planning,Transportation Planning
Date: 5/1 0/2011 1 :21 :28 PM
Name: LorenzWiJIiam
Title: Director - CDES Engineering Services, Comprehensive
Date: 5/12/2011 11:05:16 AM
Name: PuigJudy
Title: Operations Analyst, CDES
pate: 5/13/2011 1:52:03 PM
Name: LaPierreBarbara
Title: ManagementlBudget Analyst,Transportation Administr
Date: 5/13/2011 4:55:56 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/16/2011 5:14:07 PM
Name: FederNonnan
Title: Administrator - Growth Management Div,Transportati
Date: 5/17/2011 2:56:06 PM
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6/14/2011 Item 16.A.6.
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/27/2011 3:46:50 PM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Office of Manage
Date: 6/2/2011 6:47:43 PM
Name: OchsLeo
Title: County Manager
Date: 6/5/2011 3:34:50 PM
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Retn:
CL!R( 'fa THB BOARD
IIfIRO!!IC! 4TH PLOOR
BIT 7240
4176441 OR: 4368 PG: 2~~r
RECORDED in the OPFICIAL RBCORDS of COLLIBR C 6/14/2011 I tern 16 .A. 6.
06/10/2008 at 10:46AK DWIGHT E. BROCE, CLIRI . ~urla~ ".uu
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement and Release") is made and
entered into on this "'"" day of~\"",~~
, 2008 by and between the Board of County
Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates,
LLC ("Lodge").
WITNESSETH:
WHEREAS, on or around May 10,2005, the County denied Lodge's Planned Unit
Development ("PUD") Amendment request, a request that more specifically asked for an
amendment to the PUD's Bald Eagle M~: and
aY~~OU;~
WHEREAS, the PUD jn&~~~"1:eferred to as the Cocohatchee
BayPUD;and !l~' ~. \~
. WHEREAS, Lodgl fil~ r T~ Twentieth Judicial Circuit in
and for Collier County, F\cla~~ ~ty'~iJ~J concerning the proposed
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amendment to the PUD's B~e Management ~Qse being styled Lodge Abbou
Associates. LLC v. Collier co~~ - -. - - . -, -~~
~~y
WHEREAS, on or around May~ge submitted a notice of claim to the
County purportedly, among other things, pursuant to the Bert J. Harris, Jr., Private Property
Rights Protection Act ("Bert Harris Act"), Section 70.001 et seq., Fla. Stat.; and
WHEREAS, in accordance with Section 70.001(4)(c) of the Bert Harris Act, the
County met at a regularly scheduled meeting on December 12, 2006 and authorized the
making of a written settlement offer to resolve any and all claims Lodge had against the
County; and
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WHEREAS, this Agreement and Release protects the public interest served by the
regulations at issue.
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0-6/14i2011 Ite~ 16.A.6.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
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Agreement and Release, the sufficiency of which is acknowledged, and with the intent to be
legally bound, Lodge and the County mutually agree to the following:
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; 1. The County and Lodge agree to adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas clauses" by reference into this Agreement and Release.
! 2. The settlement documents will consist of the original PUD Ord. No. 2000-88
(Exhfbit l), the amended PUD (Exhibit 2), the revised Bald Eagle Management Plan for the
ame~ded PUD (attached as Exhibit "B" to the amended PUD), a phasing diagram entitled
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"Cod"ohatchee Bay Golf Course Exhi~~d a Pathway Depiction (Exhibit 4).
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This !. Agreement and Release ~~~~~e. deviations in development
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stanqards from the original ~,. ~~aft explcSSrerm in"this\\greement and Release, the
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Ori~ PUD will controL I .. rmO I ,1
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: 3. The settle~. ~ b~lDI!l"Ilt)y: . Slte development plans
i\..) "'~'/
: tr\... ~/. .
("SDfs'1 that Lodge bas su . :, d be10g approV~lh~ty, 10 accordance WIth the
rulesi and regulations of the Co ~4~nt standards set forth in the
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original PUD and as may be varied by the express terms of this Agreement and Release.
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Thesr three SDPs are identified as AR5282, AR5283 and AR5284.
: 4. The County will expedite the review of these three SDPs and all future
buil~ing permit applications submitted by Lodge. The existing environmental impact
state~ent ("EIS") does not need t~ be ~ended unless the SDPs are revised to increase
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wet1~d impact beyond the impact currently permitted by the South Florida Water
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Man~gement District and the U.S. Army Corps of Engineers by more than five (5%) percent.
5. Lodge agrees to contribute $3 million to the County for affordable workforce
housing. Payment shall be made at the rate of $600,000 for each of five (5) residential .
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OR" A~lO n~" ~~~~
6/14/2011 Item 16.A.6.
. condominium buildings to be built by Lodge at the time each building permit is issued. This
payment shall be a credit against any affordable workforce housing fee adopted by the
County. If no fee is adopted or if the fee is less than the payment set forth, the County shall
retain the excess payment.
6. Within fifteen (15) days of the Effective Date of this Settlement Agreement,
Lodge shall contribute the sum of $3 million to the County to fund Vanderbilt Drive corridor
improvements and bridge enhancements. No impact fee credits shall be given for payment of
this sum. Lodge recognizes that the County may request additional contributions up to the
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Proposed road impact fees due ~or 59. . m . '.s to assist the County in funding the
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. fth V d b.l D .~ ~d nh -I\i^f\ h ddi. I .b.
construction 0 e an er It. R\!e' ge. e ancem . t 0 suc a bona contri utlons
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shall be required, howevfti ~~14s evi \n\that all parties have spent
$5,500,000.00 on the vani4w~ ~J1).~r such sums paid over the
. '.a1 $3 'IIi hall 1 f.) tl l A .~ U de td" ,/hi' thi A d
mIti rm on s rec~. e~ . '=[,.e I'J r,~ng m s greement an
R" I h .. d\\t~.\ hall' .Jl~ I~/th C ' b'I' d
e ease, owever, IS mten ~ ~\nor s It restn~im ~;Yr~ e ounty s a 1 Ity un er
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applicable laws, ordinances or ~ n~ .50%) of all transportation impact
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fees upon approval of the SDPs. These:fiiii s all be refunded to Lodge should Lodge be
permanently prevented from commencing construction based upon actions by any
governmental entity or any third party. County shall be entitled to retain these funds without
any need for reimbursement upon the earlier of (1) Lodge's commencement of construction
of the first tower, or (2) the exhaustion of time to file any third party challenge with respect
to any matter concerned by this Agreement and the attachments hereto.
7. Lodge and the County agree that the Cocohatchee Bay PUD shall be
. exempted from the County's PUD sunsetting provisions within the LDC until the Effective
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OR' ,,~un nf'l. '\~H n
6/14/2011 Item 16.A.6.
Date of this Settlement Agreement. At that point, the five year sunsetting provisions in the
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LDC ~hall govern. Lodge still shall be obligated to provide annual PUD monitoring reports.
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8. As each residential condominium building receives the first certificate of
occup,ancy or temporary certificate of occupancy, Lodge shall record restrictive covenants on
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one-fifth (115) of what is known as the GC Parcel, and when all five covenants are recorded,
they y.rill restrict the use of the entire GC Parcel to two (2) residential units and the uses
described in the PUD for the golf course development area. The phasing diagram of this
requUtement is attached as Exhibit 3. These restrictive covenants shall each provide that if
the gb, If course development area or QUI'~ . s ever discontinued or abandoned for
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: th all f th :.p."VV~ I d' !\i"'r'i1~'.. h . If
any rFason, en 0 e /. U~ mc u mg WI ~'nlltatIon t e entrre go course
devel~ent area, except fl t!j6s~ils alIowelb{or the ~ (2) residential units, shall
remair forever as green np~ ~~.~~!r~.. : je uses expressly allowed
. P I h 53 f th \ f'lll l ..~ U ~, J l I.. th . .
In afcl. grap . 0 e ~F~ e~ . ~ ~'f!ce . ') m~. ~f1s10ns to ese restrIctive
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cov~ants will require a SUP~~ vote of the Bdlli'd~ Commissioners.
i 9. To fully satisfy i' ~~~ldewalks along adjacent off-site
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public roads, Lodge shall construct a pathway ten (10) feet in width on the western side of
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Vandbrbilt Drive (consistent with the Comprehensive Pathways Plan adopted by the County
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in 20~6) in lieu of building a sidewalk on Wiggins Pass Road and a sidewalk on the east side
ofVarderbilt Drive. The pathway is depicted in Exhibit 4. This construction of the pathway
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shall ibe accomplished by Lodge with Lodge's funds and shall be completed upon the
issuarice of the first certificate .of occupancy or temporary certificate of occupancy for the
first r~sidential condominium building within the Cocohatchee Bay PUD Project.
i lO. Building Five as shown on the revised Bald Eagle Management Plan attached
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as Exhibit B to the amended PUD shall be increased from fifteen (15) stories to seventeen
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OR 6/-1-4/20-11It~~ -16.A.6.
. (17) stories, but shall not exceed 175 feet in Building Height, as defined in Paragraph 3.5
entitled "Amended Cocohatchee Bay Community Development Standards" of the amended
PUD, and Footnote 2 thereto.
11. The maximum number of dwelling units to be constructed by Lodge shall not
exceed 590 units. Of these, a maximum of590 units may be multi-family and constructed on
the R Parcel. However, two (2) units of the 590 may be single family units to be built on the
GC Parcel. The development standards for the single-family dwelling units on the GC Parcel
shall be as set forth in Section 4.4 in the amended PUD, attached hereto as Exhibit 2.
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12. What has been referr~. .. .. . -l-and R-2 Parcels shall be replaced by a
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single R pan:el as set forth in JIl:,~""ttached to the amended PUD.
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The development standards7(for ,.we~. ce.l i:Ue il5J. rge t.. fO.rtfi~. in Table II of Paragraph 3.5 of
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the amended PUD (except ~~ r:&\ HWh . A~eement and Release).
r:Jl\.\J~U) rj! ~J .
13. If there are. .. tionif' c~s It Bciltt-Eag~Management Plan reqUIred
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by federal or state agencies~ .. .. er County p~. en<Iment process shall be required.
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The County acknowledges thatfu9Amena. . -Ie ~gement Plan is in compliance
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with the County regulations. Lodge shall e exempt from any County regulations that may
be adopted in the future applicable to the Bald Eagle and the County shall defer to the state
and federal regulatory permitting process relating to the Bald Eagle Management Plan and
issues related thereto. Lodge, however, shall be required to notify the County of any such
changes required by state or federal agencies, which will then require an administrative
change by the County to any of the previously approved SDPs under review or that have
been approved by the County. Any change to the construction sequencing shall be
considered an insubstantial change to the SDP.
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The Cocohatchee Bay PUD is hereby amended as set forth in Exhibit 2.
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OR. A~r^ n~. ~~~^
6/14/2011 Item 16.A.6.
15. Lodge shall and hereby does without limitation release, waive and forever
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discharge the County, its present and former elected or appointed officials and employees,
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inSurers, sureties, agents, attorneys, and representatives of any and all claims, causes of
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action, costs, expense~, attorneys' fees, or charges of any kind that Lodge has or may have
that 8nse from, or reference, relate or refer in any way, whether directly or indirectly, to the
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Coc~hatchee Bay Project, PUD Ord. No. 2000-88, the related Bald Eagle Management Plan
or arty amendment or proposed amendment to the PUD Ord. No. 2000-88 or the Bald Eagle
Management Plan through the date this Agreement and Release are approved and authorized
by the Board for the Chairman's si . . without limitation all Bert Harris Act
c1aiJs and the claim assertf'l1~ release shall be immediately
effei..tive upon the countyT' i~lht: 3-sD. Ps in \ ~~~ance With. the terms and
d:.. ~ rth' ~.~ll?~:nh v\
con itlons set 10 In p.ar a . 0 ., &jot A~t1em t~. ~ . ease.
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I 16. In the even.' a . d ~ .1'ge }s,Qe<greement and Release, the
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this tegard, the County and Lod'gr '$n ~~e parties to any such challenge
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proc~eding if one or the other of them is not named as a party in the first instance. The
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Co~ty and Lodge shall each bear their own costs and attorney's fees in any such proceeding.
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17. If any third party challenge to this Agreement and Release should ever be
succ~ssful, after exhaustion of all appeals or other requests for review or reconsideration or
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fede~al permit conditions prevent Lodge from being able to develop the project consistent
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with!the amended PUD Master Plan then the County agrees to return all money provided by
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Lodge under this Agreement and Release upon sixty (60) days written notice from Lodge and
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to al~ow Lodge to retain the Bald Eagle Management Plan as permitted by this Agreement
and ~elease to the extent allowed by law. In addition, if Lodge is ultimately unable to obtain
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OP" ~~ln n~" ~~r1
6/14/2011 Item 16.A.6,
. required federal permits for the SDPs as referenced in this document and is therefore unable
to build this project (exclusive of any federal permits or approvals for docks), Lodge likewise
will be entitled to a refund of all money provided under this Agreement and Release within
sixty (60) days of written notice from Lodge and Lodge shall retain the Bald Eagle
Management Plan as permitted by this Agreement and Release to the extent allowed by law.
18. Nothing in this Agreement and Release or the settlement documents shall be
construed or interpreted to confer any right to docks or any particular number of docks.
19. The Agreement and Release shall be binding upon Lodge's and the County's
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predecessors, successors, assigns, offil~~eE~rmer employees, owners, present
and former elected or appnin~~~~and representatives, wbo shal1
woric together in good faith lac ~ llle iU~thi~S ~ ~ment and Release.
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20. This Agreemen rarr'd x.el Sh e I ~~~e by the laws of the State of
l ~\WI il }~}
Florida. \~ ~A. 1 / ~
21. This Agreem~' . d Release may b1\~J~~y by a written instrument
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specifically referring to this Agr~ el ~-ecuted with the same formalities
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as this Agreement and Release. This A~Release supersedes all prior discussions
and representations and contains all agreements of the parties.
22. The County and Lodge acknowledge that this Agreement and Release is the
product of mutual negotiation and no doubtful or ambiguous provision that my exist in this
Agreement and Release is to be construed against any party either based upon a claim that
the party drafted the ambiguous language or that the language in question was intended to
favor one party or the other.
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OR- A~~n n~. ~~r~
, 6/14/2011 Item 16.A.6.
23.
The Effective Date of this Agreement and Release shall be the date upon
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which the Chairman of the Board of County Commissioners of Collier County, Florida,
executes this document.
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i 24. The County and Lodge acknowledge and assume the risk that additional,
different or contrary facts to the facts which they believe exist may now exist or may be
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disco~ered after this Agreement and Release has been entered into, and they agree that any
such additional, different or contrary facts shall in no way limit, waive, affect or alter this
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Agreement and Release. The County affirmatively states that it is not aware of any facts that
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would. prohibit the construction Of~. e et . 'zed b. y the PUD and this Agreement
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and i1ease or the enforceabi~S Agreemeot an Fe. Lodge affirmatively states
that It is nnt aware of 7: : S ~ p",lI1~it the cLnn of the project as
authied by the PUD an\~ e:c~ ~Tr~~) e enforceability of this .
Agrel?ment and Release. t='. .. ) j.~
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: 25. In the event dm each of this Agr~m~~;Release, either party to this
Agrelment and Release may e~ ~~'}~th Judicial Circuit in and for
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Collif County, Florida. In this respect, the ounty and Lodge shall request that the Court in
Case !No. 05-967-CA approve this Agreement and Release as part of a stipulated judgment
and r~tain jurisdiction to enforce this Agreement and Release's terms and award any other
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ancill~ relief for the breach should such be necessary.
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REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
REMAINING SIGNATURE PAGE TO FOLLOW
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OR 6/14/2011 Item 16.A.6.
:;'.....
BOARD OF COUNTY COMMISSIONERS
COLLIER CO , F ORIDA
By:
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OR:
II 'll' ~ n,.. '\ ') ~ ,1
6/14/2011 Item 16.A.6.
ORDINANCE NO. 2000- ~
"0':
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102.
THE COLUER COUNrY LAND DEVELOPMENT CODE. WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNlNCORPORATED AREA OF COLLIER. COtnl.'TY,
FLORIDA; BY AMENDING THE omCIAL ZONING ATLAS
MAPS NUMBERED 85088, 8S16N, 8517N, 8S2ON, AND 8S2OS; BY
CHANGING THE ZONING CLASSIFICATION OF TIlE HEREIN
DESCRIBED REAL PROPERTY FROM RSF-3 (3). A (ST), RMF-6
(ST) (3), RMF-6 (3), RMF-12 (ST) (3), RMF-12 (3). RSF-3 (ST) (3).
RSF-4 (3), and RSF-4, TO "PUO- PLANNED UNIT
DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUO FOR. A
MAXIMUM OF 590 RESIDENTIAL DWELLING uNITs AND
RECREATIONAL FACILITIES INCLUDING A GOLF COURSE
AND CLUBHOUSE L THE NORTHWEST CORNER
.OFWlGGIN~_P~ '; C~~VANDERBILT'DRIVE
(C.R. 9(1) ~e V~'20, TOWNSHIP 48
SOtrrH, .~. ~ S EAST, COLL~~' La~. ' FLORIDA,
CONSI~j F 532i ACRES; AND hROVIDING AN
- EFFu. rn?~TF.
I~' 4
~~~~f~J.'-. andClbi.It~~II,
LOT., petitioned tljC.Bo~. dfCo",tyfCotPm~omn ~ ~Wthe\zOri~' S Classjficatio~~rthc
hcmn dcsc:nDcd ~LL\ /J \W J 11 1:- : '_ --::
\;...;.~ "\ /~- -- '--.
NOW, ~.~, BE IT ORDAINED b~e BoiIni d~~ Comm~~ o~
CoI"'~.FIori~ ~iOj L~.:--'
SECTION ONE. ~~"" .w. ;..r'1 '-'
The=iDgdmilicoli~~~ \ocoIcd" S........ '6.
.17- and-lO, Township 48 SouIh, Range lier County, Florida. -is clianged from RSF-3
.0 . .. .
~J), A (S,?' ~-6 (~T) (3). RMF-6 (3), RMF-12 ~ST) (3.>, ~~12 :(3.h~~-1' (51) (3), RSF-4
(3); md RSF-4, to "PUD" Phmncd Unit Dcvc1opmc:nt in acc:ordmcc: with 1M Cocobl%chcc Bay
PUD Document, atta.cbed bcn:lo as Exlu"bit · A.. and incorporated by n:fcn::ncc tu::n:in. The
Official Zoning At1u Maps numbct1:d 8508S, 8S16N. 8517N, 8S20N,II11d 85205, B5 dcscribed in
OidinlUlcc Number 91-102, the Collier County Land Developau:nl Code. are heRby Imc:nded
IICCOrdingly.
SECTION TWO:
This Ontinanc:c shall become effective upon filing with the Department ofStalc.
Exbuilf 1 to Settlement Agreement and Release
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or 6/';~;2^011Ite~1" 16.A.6.
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PASSED AND DULY ADOPTBD by the Bosrd of County CommiuiODCn of Collier
County. Florida., this ~y of aCJ ~-.. /~ .2000.
AlTEST::,
BOARD OF COUNTY COMMISSIONERS
COLUERF?E
BY:
JAMES D. CARTER. PhD., CHAIRMAN
&:~~~- Ay~<Z
DWIGHT E. BROCK. Clerk
Attest as to CbaSrIIIII.s
S 'g11lture 0111 J.
Approved IIlI to Form
and Legal Sufficiency
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OR. 6/1~/;0~~ -It;~; 6.A.6.
COCOHATCHEEBAY
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING COCOHATCHEE BAY A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
TIlE COI.J..IER COUNTY LAND DEVELOPMENT CODE
DATE REVlEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
12."~
.z~J.r
12114/00
EXHIBIT "An
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Of 6/14/2011 Item 16.A.B.
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INDEX PAGE
List of Exhibits and Tables n
Statement of Compliance ill
SEC110NI Property Ownership. Legal
Description and Short Title 1.1
SECIlON n Project Development 2.1
SECTION ill Residential Development AIeas 3.1
SECTION IV GoffCb~e/~nSp~e 4.1
SECrION V - Prcsc:rve' " 5.1
-\;\b~ COU);,
SECTION VI ~ 6.1
" " '\
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C ~, ) ~
~.\ \: f .::;y
~- '" .~O
r '""7 U
0", 0~7
.(" F. L y'
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OR "6/1 :V;011 It;;; 16.A.6.
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EXHIBIT "A ..
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LIST OF EXHIBITS AND TABLES
Planned Unit Development Master Plan
EXHIBIT "B"
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PUD Master Plan with Eagle Zone Overlay and
Bald Eagle Management Plan
TABLE I
Land Use Summary
TABLE n
Development Standards
IT
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OR' ~~'o n~, ~~tO
6/14/2011 Item 16.A.6.
STATEMENT OF COMPLIANCE
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The development of approximately 532.09 :l: acres of propeny in Collier County as a Planned Unit
Development (PUD) to be known as Cocobatchee Bay PUD will be in compliance with the goals.
objectives and policies of Collier County as set forth in the Collier County Growth Management Plan.
Cocohatchce Bay is a mixed use residential golf course community and will be consistent witb the
applicable elements of the Collier County Growth Management Plan for the following reasons:
1. TraffIC ways, utilities, and other public facilities necessary to serve the Cocohatchcc Bay Project
are adequate. The Cocobatcbce Bay Project will participate in the expansion of existing public
facilities to the extent of its impact on those facilities via payment of impact fees.
2. The Cocobatcbcc Bay Project will be compatible with and complimentary to existing and
planned land uses in the vicinity. Project lands lie in a tranSition area which includes Jow-rise
residential development and high-rise multi-family development,
3,
4.
5,
.
TOTAL
532.09 acres
1757.90 or 1758 units
The PUD will utilize a total of 590 units on 532.09 :t acres for a gross density of I,ll dwellings
per acre. This action makes the land use and density consistent with the Future Land Use
Element of the Growth Management Plan.
m
.
Packet Page -826-
OR: !~'O nr.. '~~n
S/14/2011 Item 1S.A.S.
~.
Improvements are planned to be in compliance with applicable sections of the Collier County
Land Development Code as set forth in Objective 3 of the Future Land Use Element.
t
'The project Development will result in an efficient and economical allocation of community
facilities and services as required in Policies 3.1.H and 3,1.L of the Future Land Use Element.
I
I
8.
The project Development is planned to protect the functioning of natural drainage features and
natural groundwalc~ aquifer recharge areas as described in Objective 1.5 of the Drainage
Sub-Element of the Public Facilities Element.
9.
All final local development orders foc this Project are subject to Division 3.15, Adequate Public
Facilities, of the Collier County Land Development Code (LDC).
IV
Packet Page -827-
( 6/14/2011 Item 16.A.6.
SECTION I
.
PROPERTY OWNERSmp & GENERAL DESCRIPTION
1.1
PURPOSE .
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project name
ofCOCOHATCHEEBA~
1.2
LEGAL DESCRIPrION
.
PARCELl
mE SOtrrHERL Y S48 FEET OF A TRAcr OF LAND LYING IN SECTION 8, TOWNSHIP
48 soum. RANGE 25 EAST, COlllER COUNTY. FLORIDA. SAID mAcr BEING
DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT
4, SAID SECTION 8, RUN S.88~4140''W. (SHOWN IN ERROR AS S.88~6'40"W. IN O.R.
BOOK 68. PAGE 235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167. PAGE
692: O.R. BOOK 218, PAGE ; .. . R CITED AS OFFICIAL RECORDS),
ALONG THE soum ~"Jii'AID'G-:-- . LOT 4 AND TIm WESTERLY
PROLONGATION OF,(~~INE;FQ~~ 71 FEET. TO AN INTERSECTION
WITH AN AG~ARY LINE AS ~DED IN O.R. BOOK 87, PAGES 439
TIlROUGH 447 (StJRVliWOR'S NOTE: A~~ouhH O~. BOOK 161, PAGE 692 AND O.R.
BOOK 218. PAGE 484/INB1~ ~ AGRBEDBOUNDARY UNE IS FOUND IN
O.R. BOOK 68, PAGE~I5' .. \~aisTANCEARE IN EFFECflHOSE
RECITEDINALA$~~~<b ... gI\~.' .,-n DBaoS O.R.BOOK87,PAGES 439
THROUGH 447),~~\rnE ~ ' :Os tpFplH6.,IEa COUNTY, R..ORIDA:
THENCERUN1f~~~\~., ~ ~/YLINE, FOR 300 FEET: TIlENCE
RUN N.3000'00'W~NG SAID AGREEp~BOpNp~ LINE. FOR 961.43 FEET
(SHOWN IN ERR~ 961.30 FEET IN ~~~ RECORDS); TIlENCERUN
N.6"]03O'OO"W. ~~ AGREED BO~RYJLINE, FOR 1397.99 FEET (SHOWN
IN ERROR AS 1397.~~ THE Or1'<l~RBCORDS); TIlENCE RUN
N.2203100"W.. (SHOwN~~''W' IN THE OFFICIAL RECORDS).
ALONG SAID AGREED BO ' R 944.72 FEET; nmNCE RUN NORm,
ALONG SAID AGREED BOUNDARY LINE. FOR 99.92 FEET, TO AN INTBRSECJ10N
WITH THE WESTERLY PROLONGATION OF TIIE NORTH LINE OF GOVERNMENT
LOT 3. SAID SECTION 8; mENCE RUN N.O"OS'S3''B., (SHOWN IN ERROR AS NORm IN
THE OFFICIAL RECORDS). FOR 429.82 FEET; THENCE S.S900000''E.. FOR 815.68 FEET,
TO AN lNTERSECflON WITH SAID WESTERLY PROLONGATION OFTIIE NORTII
LINE OF SAID GOVERNMENT LOT 3; 'IHENCE RUN N.89012'20''E., ALONG SAID
WESTERLY PROLONGATION AND ALONG TIlE NORm LINE OF SAID
GOVERNMENT LOT 3. FOR 1907.82 FEET. TO THE NORTHEAST CORNER OF SAID
GOVERNMENT WT 3, TIJENCE RUN S.00~3'10"E,. ALONG mE EAST LINE OF SAID
GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET. TO TIlE
POINT OF BEGINNING. PLUS ANY LAND ADDED TIlERETO BY ACCRETION OR
RELICl'ION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY
SUBMERGENCE OR EROSION.
1.1
.
Packet Page -828-
OR: 6/14/2011 Item 16.A.6.
PARCELS
TIlE NORTHWEST 1/4 OF SEcnON 16lN TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COUJER COUNTY, FLORIDA, EXCEPTING THEREFROM TIlE RIGHT-OF-WAY FOR
STATE ROADS S-86SA (ALSO KNOWN AS VANDERBILT DRIVE) AND S-865B (ALSO
KNOWN AS WIGGINS PASS ROAD).
. PARCEL 6
THAT PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY
DESCRIBED BY ACCURATE SURVEY AS THE NORm 268.54 FEE'I1 OF'lBE NORTH
1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTIl, RANGE 2S EAST.
COlllER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF us.
HIGHWAY 41 (ALSO KNOWN AS TAMIAMl TRAn.).
PARCEL 7
THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECflON 17, TOWNSHIP 48 SOUTH.
RANGE 2S EAST. C01lJER COUNlY, FLORIDA, EXCEPTING THEREFROM THE
SOUTIJEAST 1/4 OFTIIE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EX[;~f'lNG
THEREFROM THE RIGHT-O~TE ROAD S-865A (V ANDEROR.T DRIVE),
PLUS ANY LAND ADD~ I~ON OR REUCIlON. AND LESS AND
ACCEPT ANY u.ND~. 'stmI.fi!RGENCE OR EROSION.
PARCEL 8 /9:- '\ ~;;.\
BEGINNING AT ~/SO~AST("URNBR OF SECTION 17, TOWNSIDP 48 soum,
RANGE 25 EASt, coJ~ ~~'uN ~.8!rS4'20'W.. ALONG THE
SOUl1l UNB Of SdID.sillm~ro AN IN"IERSEcI10NWIllI
ANAGREBDBO!!.$~Y~~ <"" :rr:r~IBOOK68,PAGE23S
TIlROUGH 250 ~~Bhie ~ . R COUNTY, FLORIDA; THENCE
RUN N.01a3O'05€~NG SAID AGRErID B~AIt~ LINE, FOR 1298.70 FEET
(SHOWN IN ERIi~~ 13.00.00 FEET, ~. ,Bgbi(P'8. PAGE 235 AND O.R. BOOK 167,
PAGE 642 HER.EIN~R CITED AS OFFl~RDS); THENCE RUN
N.30000'OO"B., ALO. .... '> GREED BO ." - ~LlNE, FOR 800 PEEr; nmNCE RUN
N.OSoOOOO"W.. ALON . -'- ..; Y LINE. FOR 1480 FEET; TImNCE
RUN N.:z9Dl1'40'W.. AI.O . AG~OUNDARY LINE. FOR 1957.41 FEET, TO
AN INTERSECl'ION WITH mE WESTERLY PROLONGATION OF THE NORm UNE OF
SAID SECl10N 17; lHENCE RUN N.8S024'40'"E. (SHOWN IN ERROR AS N.88~'40"E. IN
THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE
NORTIIEAST CORNER OF SAID SECTION 17; TIIENCE RUN S,0027'30"8., ALONG TIm
EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35
FEET IN THE OFFICIAL RECORDS), TO TIm EAST QUARTER CORNER; "llffiNCE RUN
S,Q026'OO''E. (SHOWN IN ERROR AS S.OO26'OO'W.lN 'mE OFFICIAL RECORDS), ALONG
THE BAST LINE OF SAID SECflON 17. FOR 2584.65 FEET TO THE POINT OF
BEGINNING; EXCEPTING THEREFROM (1) TIlE EAST 1/2 OF TIlE NORTHEAST 114, (2)
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTIIEAST 114 OF THE
SOUI'HEAST 1/4, OF THE SOUTHEAST 1/4, AU.. IN SAID SECTION 17; AND
EXCEPTING mE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE),
AND EXCEPTING THAT PORTION OF THE SOUTHEAST J/4 OF TIlE SOUTHEAST ~
1.2
Packet Page -829-
OR: ~/;~/20111~;~f\ 16.A.6.
.
OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 soum, RANGE 25 EAST,
DESCRIBED AS FOLLOWS: FROM TIlE NORTHEAST CORNER OF THE SOUTIlEAST
1/4 OF THE SOUTHEAST 1/4 OF TIlE SOumEAST 1/4 OF SECI10N 17, RUN
S.89053'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN
S.89053118"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON
PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK I, PAGE 7, OF mE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.41011'03''W. FOR
133.10 FEET, ALONG SAID BULKHEAD LINE; TIlENCE RUN S.oo06'42'If.., FOR 120
FEET, TIIENCE RUN N.89053118''E., FOR 275.72 FEET, TO A POINT ON THE WEST
RlGHT-OF-W A Y LINE OF STATE ROAD S-865A (V ANDERBll..T DRIVE): THENCE RUN
N.O~6'OO'W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED
THERETO BY ACCRETION OR RELIcrION, AND LESS AND ACCEPT ANY LAND
LOST THEREFROM BY SUBMERGENCE OR EROSION.
.
PARCEL 9
THAT PORnON OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SEcrION 17,
TOWNSHIP 48 soum, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED
AS FOLLOWS: FROM APO~~G ATnIE NORTHWEST CORNER OF
THE SOUTHEAST 1I49~~OF SAID SEcrION 17, RUN
N.8904O'SS"E., FOR ~6Oc~)4~rn LINE OF THE SOUfHEAST 1/4
OF THE SOUTHEASU):4"OF SAID SECTION1~O~ POINT ON TIlE BULKHEAD LINE
AS SHOWN ON IjLAT~ RECORQED INJJtmKHEAD LINE PLAT BOOK I,
PAGE7,OF1Hij"PUB..[U~. '0 O.~~~~Sk~.~. ~.I~.\COtmrY,FLORIDA;nIENCERUN
N.O~6'O()l'W., FOR i~~~ 1 ' LINE; THENCE RUN
S.89040'SS"W.. FoR/~.23JfF.lh1 Atbij.G jAin1pKHEAD LINE. TO A POINT ON TIm
WESTLINEO~~N~STh{4~~SP~., : ST1I40FSAIDSECTION 17;
THENCE RUN ~~. PGtH"~'~fOINTOFBEGINNING. PLUS
ANY LAND ADD~TIlERETO BY AcawndN ~IcnON, AND LESS AND
ACCEPT ANY LA':NDWSTTHEREFRO~i!fYS~GENCE OR EROSION.
'\.-r' . 'Y . (71
PARCEL 10 'Z.... OJ.:;. _ .-< \&
BEGINNINGATTHE~.. '. ~FSECl10N20. TOWNSHIP 48 SOUTH.
RANGE 25 EAST, CO~A, RUN N.890S2'20IIW.. ALONG THE
SOtITH LINE OF SAID SECTION 20, FOR 2053,75 FEET; nmNCE RUN N.OOOI4'OO''W.
FOR 1698.91 FEET; THENCE RUN N.54047'S2''W., FOR 399.32 FEET, TO AN
. INTERSECTION Wl1lI AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK
68, PAGES 235 TIIROUGH 250, OF THE PUBUC RECORDS OF COlLIER COUNTY,
FLORIDA; TIIENCE RUN N.7go17'10''E., ALONG SAID AGREED BOUNDARY LINE. FOR
69.60 FEET; THENCE RUN N.020S9'30"W. ALONG SAID AGREED BOUNDARY LINE
. FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PAGB 235);
THENCE RUN N,2701S'20'W" ALONG SAID AGREED BOUNDARY LINE FOR 705.31
FEET; THENCE RUN N,18044'301'W., ALONG SAID AGREED BOUNDARY LINE FOR
887.03 FEET, TIiENCE RUN N.Oso37'SO''W., ALONG SAID AGREED BOUNDARY LINE
FOR 393.34 FEET, TO AN INTERSECI'ION WITH TIlE NORTH LINE OF SECI'ION 20;
THENCE RUN S.890S4'20''E.. ALONG SAID NORTH UNE FOR 2839.52 FEET, TO THE
NORTIlEAST CORNER OF SAID SECfION 20~ THENCE RUN S.02012'OO"E., ALONG THE
1.3
.
Packet Page -830-
OR- A~tn ~~. ~~lA
6/14/2011 Item 16.A.6.
EAST LINE OF SAID SECl10N 20, FOR 5273.90 FEET (SHOWN IN ERROR AS 5Tl7.24
FEET IN O.R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING.
PLUS ANY LAND ADDED TIJERETO BY ACCRETION OR RELICl10N, AND LESS AND
ACCEPT ANY LAND LOSTTHE~FROM BY SUBMERGENCE OR EROSION.
AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO
KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS BLUEBIll.. AVENUE).
AND LESS AND ACCEPrTHE FOll.OWING DESCRIBE REAL PROPERTY:
ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ADDmON. ACCORDING TO THE
PLAT 1HF.REOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBUC
RECORDS OF COUJER COUNTY. FLORIDA. AND ALL OF WIGGINS PASS LANDINGS
UNIT NO.1 ACCORDING TO TIm PLATTIlEREOF RECORDED IN PLAT BOOK 10. At
PAGE 44. OF TIm PUBliC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE
PARTICULARLY DFSCRIBED AS FOLLOWS:
BEGINNING AT THE SOUlHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS
LANDINGS UNIT NO.1 AD~.. ., CE r N.S. 9<<'52'20"W. ALONG THE SOUTIlERLY
LINE OF SAID LOT 4. ~~~~-FEET TO nmsoUIllWEST CORNER. OF
SAID LOT 4, THES~~~CORNEROFLOT 10. BLOCK 1 OF
SAID WIGGINS PA~INOS UNIT NO.~~CE N.8go52'20"W.. ALONG THE
SOUI'HERLY LINE OYS,AID ~~~ ~D~GS UNIT NO, 1 A DISTANCE OF
1400.65 FEETro nm S . OF"'SAID WIGGINS PASS LANDINGS
, i - \," '}.
UNIT NO.1; nIEN~l~. SlfBRLYLlNEOF SAID WIGGINS
PASS LANDINq;s~. Ne1 NefY~ P~E' '9Fi.60~..90\FEET. ; THENCE N.34~'151'E..
ALONG SAID ~);~J NItI JA.NOf OF 1~.{8 FErrTO A POINT ONnIE
NORTHERLYI~\O~OOAS~~yS UNIT NO.1; THENCE
N.8~48'OOUE.~. > , SAID NORTHERLYM-INE.. A~. __. lANCE OF 1481,48 FEET TO THE
NORmBAST~ OF LOT 3. B~OF S'AIDJWIGGINS PASS LANDINGS UNIT
NO.1; THENCE S.~~'E. A DISTANCE OFA~~ FEET TO THE NORTHWBST
CORNER OF LOT 1:B " OF SAID ASS LANDlNGS UNIT NO.1;
-' .... .( \. # .J'#
1lIENCEN.87048'OOI'E.D~ . . ~TO 'IHB NORnmAST CORNER
OF SAID LOT I; THENCE . I NO TIlE BASTERL Y LINE OF SAID
WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE
SOUTHEAST CORNER OF LOT I, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT
NO.1, TIlE SAME BEING THE NOR1HEAST CORNER OF LOT 1 OF SAID WIGGINS
PASS LANDlNOS UNIT NO.1 ADDmON; THENCE S.02012'OO''E. ALONG TIm
EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDmON. A
DISTANCE OF 1209.93 FEET TO TIlE POINT OF BEGINNING, PARCEL CONTAINS 88.56
ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1
ADOmON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10.
PAGE 81 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA).
PLUS ANY LAND ADDED 1HERETO BY ACCRETION OR RELIcrION, AND LESS AND
ACCEPr ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
AND lESS AND EXCEPT THE FOLLOWING DESCRmED REAL PROPERTY:
1.4
Packet Page -831-
OB 6/14/2011 It~~-16.A.6.
.
A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SEcrION 20. TOWNSHIP 48
SOUTH. RANGE 25 EAST OF COLLIER COm\i!Y. FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOtrrHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 20; 1lIENCE N.02012'OO"W., ALONG TIlE EASTERLY LINE OF SAID
SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87048'OO'W., A DISTANCE
OF 50,00 FEET TO A POINT ON THE WESTERLY RIGHT -OF-WAY LINE OF
VANDERBILT DRIVE. A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST
CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO.1, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF mE PUBUC
RECORDS OF COllIER COUNTY, FLORIDA, THE SAME BEING TIm POINT OF
BEGINNING OF mE PARCEL OF LAND HEREIN DESCRIBED; '!HENCE S.87048'OO'W.,
A DISTANCE OF 200.00 FEET TO TIlE NORTHWEST CORNER OF SAID LOT 1;
THENCE N.02012'OO''W. A DISTANCE OF 163.77 FEET TO 1HE NORTHEAST CORNER
OF LOT 3. BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; TIlENCE
S~87048'OO"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS,
UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.34~llS"W. ALONG TIm
NORTHWESTERLY LINE ~PASS LANDINGS, UNIT NO.1, A
DISTANCE OF 439.48 ~1)....~~RLY CORNER OFTRACf B,
BAKER-CARROLL ~~RDlNG Ta.~"'RLATTIfEREOF RECORDED IN PLAT
. BOOK. 8, PAGE 42~'o~ PUBLIC RECORDS~ ~LLIER COUNI'Y, FLORIDA;
THENCE N.s4047:S21"':,I.ALO~G~THR ~THEIU.. Y UNE OF SAID BAKER-CARROL
POINT, A DISTANCE oF'i99:32 FSE'J'. TO AN INTimsiicnON WITH AN AGREED
BOUNDARY LINE ~O~m~l':\~A1..,mco~S BOOK 68, AT PAGES 235
THROUGH 2SOJOF~ P~JIlIC\RBdolIDS &From..lER COUNfY. FLORIDA; THENCB
N.791117'10"E.. ~~ SA.ID~Q.REE.!b ~UN~~Y ~ A DISTANCE OF 69.60 FEET;
THENCE N.Oso~30t"r~N~~OVAlo'ARY LINE. A DISTANCB OF
1417.66 FEET; ~qB N.2T'IS'20"W., ~q S~GREeD BOUNDARY LINEA
DISTANCE OF 616~" " ; TIJENCE N.81, ~'P9r19,.<< DISTANCE OF 2472.71 FEETTO
A POINT ON TIlE Y RIGKr-OF-WA~~ OF SAID VANDERBll..T DRIVE;
TIlENCE S.02012'2S1~" ": SAID"- "iLY1..lNE, A DISTANCE OF 1373.11 FEm';
THENCE S.021112Wr.B. AioN~~.("Y LINE A DISTANCE OF 667.03 FBBT
TO TIlE POINT OF BEG~-&-CONTAINS 100 ACRES, MORE OR LESS.
.
1.3
PROPERTY OWNERSHIP
The subject property is owned by A.L. Dougherty Co. lite., a Delaware Corporation.
1.4 GENERAL DESCRIPrlON OF PROPERTY AREA
A. The Project site is bordered on the West by the Delenor Wiggins State Part and Barefoot
Beacb County Parle, on the East by Tarpon Cove PUD and Wiggins Bay PUD, on the
Soutb by the Dunes PUD and on the North by Arboc Trace PUD and the Retreat PUD.
B. The zoning classification of the project prior to approval of this PUD document was
RSF-3 (3). RSF-3ST (3), RSF-4, RSF-4 (3). RMF-12ST (3). RMF-12 (3). RMF-6 ST(3),
RMF-6(3), and A-ST.
1.5
.
Packet Page -832-
t6/14/2011 Item 16.A.6. !
no ..""" .. \It "'101\.1\.1 i
I
:1.5 PHYSICAL DESCRIPTION
A. The Project lies within South Florida Water Management District No.6. Drainage from
the property will discharge into Cocohatchee Bay
B. Water Management Facilities for the Project will be designed and constructed in order to
introduce project stonnwater runoff to wetland.arcas in an attempt to assist in the
restoration of historic water retention and preserve areas.
C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most
of the area. however, falls within the 10' to 11 . foot elevation catcgOl)', The site lies
within flood Zone AE (EL II ') and AE (EL 12') accoofing to Finn Maps
120067-0191D, 0187D, and 189D. dated June 3,1986.
D. Soil types within the Project include Keri fine sand (approximalely S()lJ,), Cypress
Swamp (approximately 48%) and Charlotte fine sand (approximately 2%), Soil
characteristics were derived from the Soil Survey of Collier County. Florida. issued by
the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954,
!
i
I
1.6
I
!
. \-;lbR CO~1\t
~~
PROJECT DESCR __ ;;. .
~ ,
The Cocobatchec a:y '~idendahl8Q\golf course mmunity with a maximum of S90
dwelling units. R'ecrelllirmalfac~.. ,...-,.,=. 2.JUW~, clubhouiC, maintenance facIlity,
. J i ~ ,... . "" "". ""~~"{:' ..,?~ I.. ..
caddie quarters. and gDCsCShites ~ pmvl Cd m.conJUnCbOn WIth the dwelling unllS.
R .dential and L ___IL,..L_l J L I 21. . / "'. Yrr, '-...!. harinol . .tb ---......
CSl mcrcBUuuw lane uses:are 19ned ~ . mous WI ODe auuuawr m a
-. I I \ \ j.r . ~ 11-01. . .
nanual setting by: GS".1q~O~ theftaCS;>ap~pnate SCl'CClllDg and buffenng and
open space. 'f-} . ~J .,s
~. ~t( 00
SHORT TITLE r OJ? ~~
This Ordinance shall be kilo .r~OHATCHEE BAY.PLANNBD UNIT
DEVFLOPMENT ORDINANCE."
,
i
~.,
1.6
Packet Page -833-
.
.
.
2.1
OR 6/14/2011 Item 16.A.6.
SECTION II
PROJECT DEVELOPMENT
PURPOSE
The purpose of this Section is to generally describe the Project plan of development,
relationships to applicable County ordinances, the respective land uses of the tracts included in
the Project, as well as othcrprojcctrelationships.
2.2 GENERAL
c,
E.
A.
Development of Cocohatchcc Bay shall be in accordance with the contents of the Planned
Unit Development document and applicable sections of the Collier County Land
Development Code and Growth Management Plan in effect at the time of issuance of any
development order, such as, but Dot limited to, Final Subdivision Plal, Final Sile
Development Plan, Excavation Pcnnit, and Preliminary Work Authorization, to which
such regulations~latc. . . ~la.tiODS fail to provide developmental standards,
then Ihc provisions ~~ iirt(illIt.cf~ct in the County Land Development Code
shall apply. Ov~v~
/0,/. _ _ _ y,\
Unless o~iset~ definitions of alrlcnnS\shall be the same as the definitions set
forth in lhi comer 'ac,~ Land oevQ'opment\Codc\ in effect at the time of building .
penmI1~~ h ~\ '\
Ail CODditiO~(' ( \J. aDalll I c ~~. nled de ictin restrictions for the
If"'\ \. ~n.. ~J ~ ~l P g
developmC~~.11 p. U9tsh~Il~qme part of the IegUlations which
govern th~~ p' erin which the P 'le.. rriay be$!eloped.
\\P \ ~'it 11.0/ .
Unless m~\'aved or excepted bytb~~ the provisions of the LOC. where
applicable, ~~':ru1.l force and eff~~.zCspcc1 to the development of the land
which compriseSibl$~
Development permitted by the approval of this Petition will be subject to a conc:urrency
review under the. provisions of Division 3.15. Adequate Public Facilities, of the LDC at
the earliest or next to occur of either final SDP approval, final plat approval, or building
pcnnit issuance applicable to this Development.
B.
D.
2.1
Packet Page -834-
OR: 6!~~~2~~~ 1!:~_16.A.6.
z.3 DESCRIPI'ION OF PROJECT PLAN AND PROPOSED LAND USES
I
A. The Project Master Plan, including land uses for the various tracts, is illustrated by
Exhibit "A." the PUD Master Plan. The nature and extent of land uses within the Project
are indicated on Table I. The specific location and size of individual ttacts and the
assignment of dwelling units thereto shall be determined at the time of detailed site
development planning or platting.
B, The final size of the recreation and open space lands will depend on the actual
requirements for water management facilities, golf course layout. roadway pattern, and
dwelling unit size and configuration.
COCOHATCHEE BAY
LAND USE SUMMARY
TABLE I
i
ttcsidcntial "R I"
!
~dcntial "R2"
ACRES
1lSE
44.00 +/-
9.70 +/-
Golf Course <lGC"
1
170,39 +/-
Open Space
~e, Lakes and
308,00 +/-
Total 532.09 +/- acres
~
A. Prior to the recording of a Record Plat. and/or Condominium Plat for all or pan of the
POD, final plans for all requ~ improvements shall ~ive approval of the appropriate
Collier County governmental agency to ensure compliance with the PUD Master Plan, Ibc
Collier County Subdivision Code, and the platting laws of the State of Florida.
B. Exhibit "A, II the PUD Master Plan. constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, ~ preliminary subdivision pial, if
applicable. ~] be submitted for the entire area covered by the PUD Master Plan. Any
division of propeny and the development of the land shall be in compliance with Division
3.2 of the Collier County Land Development Code. and the platting laws of the State of
Rorida.
2.2
Packet Page -835-
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OR- A~r^ ~~. ~~rn
6/14/2011 Item 16.A.6.
C.
The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable. shall apply to the development of all platted tracts or parcels of land as
provided in said Division prior to the issuance of a building pcnnit or other development
order.
D. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be required to
submit and'receive approval of a Preliminary Subdivision Plat in conformance with me
mquircmcnts of Division 3.2 of the Collier Co~nty Land Development Codc prior to the
submittal of coDSt:roction plans and a final plat for any portion of the tract or parcel.
. E, Utility, road. public and private casements shall be established as n:quircd during the SDP
and/or plat approval process.
F. Appropriate instruments will be provided at the time of infrastructure improvements
regarding dedications and the method for providing pClpCtual maintenance of the
common facilities,
25
MODEL HOMES I SALES . .. . 0
:\. ~~JV-"
Model homes, sales ,. < "~other uses and"sWctuI'CS related to the promotion and sale of real
estate such as, but not finji~d to. pavilions, view~$latro~ gazebos, parking areas, tents, and
signs, shall be ~tted"'p@CiPilD-~ th~out thb C~hatchee Bay PUD, subject to the
requirements of ~ctio' 2.6:3~ ColJie~ Count~\Lan\s Development Code and all other
::~.:n ~t~:~trcr)wrn :.rma1 plat approva1 as provided in
AMEND~\.r,\ PtID ~-9R P11D~.' /fER PLAN
\v. %J~:11
Amendments may ~ to the PUD as pmVl~ in~JCollier County Land Development
- "~r--~ VI
Code, Sectlon 2.7 .3.5~ ". 0 . .. ~7
~P..,.,~_ .~r0~
ASSOCIATION OF PR~R COMMON AREA MAINTENANCE
Common area maintenance will be provided by the Master Property Owners' Association. The
Association is a legitimate alternative for the timely and sustained provision of quality common
area infrastructure and maintenance under the tenns and conditions of County development
approval. For those areas not maintained by the .Mastcr Association, the Developer bas created a
property OWJlCrs' association(s), or condominium association(s}, whose functions sball include
provision for the pcrpclUal maintenance of common facilities and open spaces. The Master or
the propeny owners' association, as applicable, shall be responsiblc for the opcralion,
maintenance, and management of the surface water and stormwBter management systems, and
reserves serving the Cocohatchcc Bay PUD, together with any applicable pcnnits from lhe
Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South
Florida Water Management District.
2.6
2.7
2.3
Packet Page -836-
o~ 6/1.41201-1-lte~"1A6.A.6.
il.8 DESIGN GUIDELINES AND STANI)ARDS
The Collier County Planned Unit Development District is intended to encourage ingenuity,
innovation and imagination in the planning, design and development of relatively large tracts of
land under unified ownership or control, as set forth in the Collier County Land Development
Code, Section 2.2.20.2.3.
The Applicant bas not set "stages" for the development of the propeny. Since the property is to
be developed over an estimated ten (10) year time period. any projection of project development
can be no more that an estimate based on Current marketing knowledge, The estimate may, of
COUISC, change depending upon future economic factors.
~.9 GENERAL PERMITI'ED USES
Certain uses shall be considered general pelTIlitted uses throughout the Cocohatchcc Bay
Community PUD except in the Preserve District. General pennitted uses are those uses which
gcnc:rally serve the Developer and residents of the Cocohatchce Bay PUD and arc typically part
of the common infrastnJ~~mmunity facilities.
~,-,\:~~~Jv~
A. Gcoeml Pcrmi..o<i.b~ "-
I. ~~ ~-lbe.~erCAlunty Land Developmelll Cadc,
5efiOn/2.6.9J :--c-\.../~\ ~ \
2. w....~; ~.~ SlrU.' . ctures...\ .
\()\~\WJ. .U ,i,tl
3, T~~fY sewage treatmenMacil1tiCS.. I$.~j
\ v' \ A ) ~-. y .
4. Lak~1"*luding lakes with bu~0~ architectural or' sttuctum bank
~~y
S, Guardhous~~...rI, :d)r L.~ control structures.
-'t1~
6. Community and neighborhood parks, RCI'CationaI facilities, community centers.
7. Temporary co~tlUction. sales. and administrative offices foc the Developer and
the Developer's authorized contractors and consultants, including necessary
access ways, parking areas and related uses.
8. Landscape fealUres including, but DOt limited to. landscape buffers, berms. fences
and waIls which shall be in accordance with the Collier County Land
Development Code in effect at the time permits arc requested unless otherwise
specified herein.
9. Any other use which is comparable in nahlrC with the foregoing uses and which
the Planning Services Department Director determines to be compatible.
2.4
.
Packet Page -837-
-i'
Minimum fl. nNlm. 'red.
/."'"\. .1.....\....,.Vu.
{illi\~J\t~
Minh~~:.or parcel area - No~~.
Si~al;l{s. ~ths'1y ~'Placed within County required
buiferslbowcv~th of tlie requj~ buffer shall be increased
~tr\1)~m~~~~
S~~parlffiig, ~ing,lrignSJO_Iand.... wb= such
~ are not specified h~.Jb sic tci~jn accordance with the Collier County
LanCJ,~lopment Code in effCCur the~e of Site Development Plan Approval.
,,\f'~ . ... mnh VI
~j:;-~{;.7
OPENSPACESREQ~
.
B.
.
2.10
on. ~f\rn ,.."'. """..
6/14/2011 Item 16.A.6.
Development Standards:
Unless otherwise set forth in this document. the following development standards shall
apply to slrUctures:
1, Setback from back of curb or edge of pavement of any road - Fjfteen feet (1 S')
except for guardhouses, ga1ehouses. and access control structures which shall
have no required setback.
2, Setback from exterior propeny lines - One half (1/2) the height of the strucblre,
minimum of twenty feet (20').
3. Minimum distance between structures which are part of an archilceturally unified
grouping - Five feet (5').
4. Minimum distance between unrelated structures - Ten feet (10'),
5.
6.
7.
8.
The PUD Master Plan identiflCS approximately 483 acres included in the Recreation. Go)f
Course, l.anrlcocspclOpen Space. Lakes and Preserve District designations. Tbcse areas eqW1le to
.approximately 91 pcrccntofthe Project and fully satisfy the open space requirements of Section
2.6.32 of the Collier County Land Development Code.
2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be
preserved.
.
2.5
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OR: 4~hR pr.. '~7'
6/14/2011 Item 16.A.6.
~12 LANDSCAPING REQUIREMENTS
A. A perimeter berm shall be constructed in conformance with Section 2.4,4 of the Land
Development Code.
1, Trees and shrubs shall be planted along the base of the berm so as to visually
soften the appearance of the side of the benn.
2, Ground cover on the side of be bem1 shall form a dense allractive mat. and shall
not require mowing.
3, Trees shall be a minimum of 75 percent native species.
4. Shrubs shall be a minimum of 35 peICeDt native species.
B. A minimum lannsc.ape area of thirty-five feet (35') shall be developed along the
Vanderbilt Drive fro~ buffer on tbewcst side of Vanderbilt Drive .
shall include dcv~lg6me ~ .. @,iimDede the view of high rise residential structures
from Vanderbilt SO{ ,Y ..q,...p~,
<:;'-} .~
I. '\
~~
.
2.6
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Packet Page -839-
OR: 6i1~/2011 I;~~I\ 16.A.6.
.
SECTION In
RESIDENTIAL "R" DEVELOPMENT AREAS
3.1
PURPOSE
The pmpose of this Section is to establish land use regulations and development standards for the
residential development tracts designated on Exhibit "A." the PUD Master Plan as "RI" and
"R2" .
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted within the PUD is 590. The subject property
contains a gross acreage of 532.09 +/- acres and base density of 1.11 dwelling units per gross
acre.
3.3 GENERAL DESCRIPTION
3.4
Areas designated as "Rl" and .. ... the-P, tee Plan arc designed to accommodate
h. b. .de tia1 d ]1. .... ."'t ~j';.. ~ J:. r"~--a Iii ad I I.' f: .1..
Ig -nse resl n we ....mg,unJl . . -1aQ1'J~.1,.....~e ngs, u t IVlDg actltics,
compatible nonresidential G"s: a full range of ~€'rin'a1 facilities. essential seMCCS, and
customary accessory ~ <. ~. . ~ \
I I ~ -J'""\ H\
The approximate ~ arc inmu;atCd-cm the PTlID Mas~r Plan. These acreages arc based on
conceptual dcsi~ andf~r~ ~bllD~~all\ievcJopment IraCtS will be
provided at the ti~e o~~i~ neicl+prkrit PI~ ~~n~ ~ubdivision Plat approvals in
accordance with Di~1OO ~oJ iJ2. 'T~eJ~fefJthe CoUier County Land
Development Cod~~tR~~allniCts ~ ~ to ~odate int.cmal roadways, open
spaces, parks and ~~ areas, lakes and wattf;lll~gerhCiit/facilities. and other similar uses
fOOlld in midcnIW ~ ~'\J .0/
USFS PERMITTED q?;> "h . r'\)~'
-'-liB ClR tv
i
I"
I
.
A.
Principal Uses
1. Multiple-family dwellings.
2. Guest suites and cabanas.
3. Any other principal use which is comparable in nature with the foregoing uses and
which the Planning Services Department Director determines to be compatible in
the "R 1" and "R2" Districts.
3.1
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Packet Page -840-
3.5
.i
6/14/2011 Item 16.A.6.
On; ,JOO ru; 'J/'
B. Accessorv Uses
1. Uses and structutcs customarily associated with principal uses penniUCd.
2. Recreational uses such as. but not limited to, clubhouse, fitness center, health spa,
tennis courts. swimming pools or similar rcacational uses.
3. Any other accessory use whicb is comparable in naIUn: with the foregoing uses
and which the Planning Services Department Director determines to be
compatible in the "RI" and "R2" Districts.
DEVELOPMENT STANDARDS
A.
Table I sets (orth the dcvelo for land uses within the "R" Residential
Districts. ylbR COU .
. ~~~J\f^~
Standards fCl' . ~andscaping, signslma~ land uses where such standank me
not specified ~ or within the Cocohatch~aY'PUD, arc to be in acalnlancc with
Collier Co..futy ~~op~\ in e~ at ~ lime of Site Development Plan
ap,nrnval. Ju old ~ olherwiSUDdiC8tCd '~. 8,rds. bcights, and floor area standards
r'- I. .'~mTIJ' ~.,
apply to p,I1oc I .
Off~JIr..mn . .L~sodbypmldngaislco'"
drivew">"'l~ .... __ from :!i.adS....s whi/~' f"V I C more. than one development. A
green ~~of not less than ten fi . O~ il}~~th ~ measured from pavement edge
to ~..f~n __ any WaiSl,Q(j,;veway from any abuUing rood.
In lbe eVCDt ~~~y housing placed in the area between
Tarpon Cove and ~~~f30pen:cnt ofthc multiple family
housing shall be offc:ced~~ the golf course with pulChasc price 01" rental
rates consistent with traditionally accepted bousing costs to income ratios.
B.
c.
D.
3.2
I
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,
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Packet Page -841-
OR 6i1A4i201-1 Item 16.A.6.
.
.
\ol\Y'Wl( :1, l /~) .
IW: (8uildiDl HciglU): Baildin& ~ '..~. .... II be the YCftical diswx:c ~U;.. " jj;;fJ habitab1e finished ftoorelcvaliol1lO dII:
. IIppclDlClSt ~ cellins clC:Valion oflbc ~ 10-'1
\ '('(-J \ .,,"\. . //- /
SJW; (Sum c( Buildq HciJlll): C~~i&I!t or IWO adjacent bwlcliDp fcr~ ~ of clctamiDm, ICdlKk requiJancnIL
o~~
All diszInc:a lIIC in feet IIIIk:a 0Chcrwirc noccd. JliE CIR- C
-I FI'ClIIl yards shall tic mcasun:d as follows:
A. If Ehc.-cd is sem:d by. public riPI-of'-way. scrbact is mcasun:d from Ihe IdjlCl:llt right-of-way line.
B. Iftbc pacd is ~ by . private road. scrb8ck is me:asunld from Ihe bact of curb (if aJrbed) or edJe or plIw::mcnl (if.oc
curbed).
DEVELO~NT STANDARDS "RIo' I "Jt2"
HIGH-RISE MULTI.FAMlLY
Multi- FamDy Dwellings I
Mbllmum Lot Area N/A I Acre
MiDlmum Lot Width NJA NJA
Fro.t Ynd - InlenJaJ Road -I 0.5 BH not less 0.5 BH nOllcss
than 2S fecI than 2S fect
FroD1Yard. Accessory IIdg, 0.5 BH not less 0.5 BH DOt less
ladudlug ParkJDg Structure than 2S fect than 2S feet
FroDt Yard. VuderbUt Drive BH NlA
Fl'OIIt Yard - Acassory Bldg, SO NJA
Side Yard 0.5 BH 15
Rear Yard Priuc:ipaJ ..---: --- O.SBH IS
Rear Yard Accessory/"\ lb.K. .-,U(i~~ ]0
MulmIlJll Bldl: H~~ 20 $Uiric~.iOr~'n;wamum . 3S
/ L.', height 6F-2OO'ficr -2
,
I . / --.r-,0.5 8B\3 \ 0.5 BH not Jess
DlstIDce Betw_ Prf~ Sirucfi.p-
I I ~ Iban 15 feet
; "\., ............
PIoor Area ~D. t~:F';f\j i' f\ "\' . '\ '\ ..:;: v -'\ \ 1200 SF
i "\11 ,Jsqo~
COCOHATCHEE BAY COMMUNITY
DEVELOPMENT STANDARDS FOR
TABLE 1
-2 Buildilll hc:iPI for Ibcnonh propcny liae adjacent 10 ArborT~ in die "Rl " tract &ball be lSJIDric:s for a muimum beiFl of
ISO feeL
~ When: buiJdiDp wiIh . COIJIIIlDD arc:hitccturaJ tbcmc an: anglccl. stewed or offsc:r from OPe anot!Icr. and wa1Is an: DOt pcaIIct ID OIIC
uotber. &he Sdbec:ts can be adminilttativcly reduced.
3.3
.
Packet Page -842-
OR .6/~~~~0: 2 .It:~, ~ 6.A.6.
SECTION IV
GOLF COURSE "GC" DEVELOPMENT AREAS
I
4.1 PURPOSE
The PmPOse 'of this Section is to set forth the uses permitted and development standards for the
Golf Course tracts. The primary function and purpose of these tracts will be to provide
aesthetically pleasing open areas, golf course and recreational facilities, Except in areas
authorized for Development, all good quality native trees and shrubs shall be protected and
preserved wherever practicable,
~.2 PERMITI'ED USES AND STRUCTURES
No building or structure, or P!l:l1 thereof, shall be erected. altcrccl or used, or land or Walcr used,
in whole or in part, for other than the following:
A.
Permitted Principal U~ .
4y~UA~
1. Golf co~.~ 'Iv golf club facilili.~ quart.... clubhouse. gu.., sui....
iDCluctiilg~porary golf clubhouses.' \
I c/~ '- \
Pro" :1~ ~...,...n..l ~ \
!JCCt ~ormatJon ~ ~es cen . rs.
4f.F1~~~.~bWldiDg~cssenDBl
Se&dzs.. ~:~ cpU/.l!l1d~uctii stbra~chJw and ponds, water and
\.1..-:'1 -=--- ~ -:----e. - Sj' I
w~8{Cr treatment planlS, mility piimpip' ilties and pump buildings, utility
~ ~lenance.Sd offices. *J /c9!
Any O~~al use which is ~e in nature with the foregoing nscs and
which thc"i?~_fflirector dctc:nnines to be campabole,
'&E~1Ro/
Permitted Accessory U~~
2.
3.
.
4.
B.
1. Accessory uses and structures customarily associated with the principal uses
pennitted io this District.
2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack
bars and golf course maintenance yards.
3, Retail sales of associated recreational equipment and apparel, such as, but not
limited to, golf. tennis, and other recreational related equipment apparel and
accessories.
4. Restaurants and related uses intcnded to servc club members and club guests.
4.1
.
Packet Page -843-
.
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OR' A~'O n~. ~~77
6/14/2011 Item 16.A.6.
5.
Shuffleboard courts. tennis courts, health spas, swimming pools. and all other
types of acccssory facilities intended to provide recreational opportunitics for
membcrs.
6. Open space uses and structures such as. but not limited to. boardwalks. nature
trails. bikeways. landscape nurseries. gazebos, boat and canoe docks. fishing piers,
picnic areas, fitness trails and shelters.
7. Any other accessory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director determines to be
compatible.
4.3 DEVELOPMENT REGULATIONS
A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course
District boundaries and private roads, and twenty-five feet (25') from all PUD
boundaries.
A~~~~~umoften fcct (10') from Golf~
D~tnct ~undaries-ut\niJite-nraGSr..a.nt\t\W.enty feet (20') from all PUD boundaries and
"-'bW-Y~- ~\
Lighting f~ties' sna\l be ammg.cd..in;,a-manncrwhicq will protect roadways and
residential rn ~ ot\un.....i.,.blO, InJcrf=ncc.
Maximulqbei~~ 11J\\Y'\ 1
1. \ 0 ~\S~ -t;ori~ ;~ a)~~um hei.ght of 20 feet.
2. ~~cccssory Sffiidurcs ~, ~ for ,*!fjlmnm be1gh' of IS feeL
Mmimnm di~.betwcc1 between priDcipal L{,EiM feet (10').
Parking for tbc~~~~ three spaces per every one thousaud
(1.000) square feet "of~i1!p.pr~~aJI be considered inclusive of tbc required
golf course pamng. proV! ~u[sc and recreational facilities are privatc.
otherwise, applicable provisions of the Land Development Code shall apply.
B.
C,
D,
E.
F.
G. The: golf course maintenance building shall be located a minimum of 1750 linear feet
west of U.S. 41.
H, Standards for paIking. landscape, signs and other land uses where such standards are not
specified herein, are to be in accordance with Collier County !..aDd Development Code in
effect at lhc time of Site Development Plan approval. Unless otherwise indicated.
required yards. heights. and floor area standards apply to principal structures.
4.2
OR' A~~n n~. ~~~n
, 6/14/2011 Item 16.A.6.
SECTION V
PRESERVE ''Pt DISTRICT
S.l PURPOSE
The puIpOSC of this Section is to identify permincd uses and development standards for areas
within the Cocohatchcc Bay Community designated on the Master Plan as the Preserve District.
$.2 GENERAL DESCRIPTION
Areas designated as Preserve on the Master Plan are designed to accommodate a full range of
conservation and limited water management uses and functions. The primary purpose of the
Preserve District is to retain viable Iiaturally functioning wetland and upland systems, to allow
for restoration and enhancement of impacted or degraded wetland systems. and to provide an
open space amenity for Ihc enjoymeDt of ~ohatch~ Bay Community residents. .
I
5.3
i
I
USES PERl'dlrrED 1f:R COD: .
No building or stru~'~~~tcrcd or used. orland used. in whole oc
in part, for other th~onowing: :i\
/ I'. '\
A. Principal us.. ~. \
1. Jm..: ~fQ'reCtb1O,.ftJ~ ~i7 ~~alks,
. \n q~. US:~rr II J f-< j
B1~ ""'=~. )) S)
Go~ ~s are permitted i~ ~meas outside the limits of the bald
g1 \'A-"~ l.)
ea e ~ne. :'..
~~. n r\-0"
Wildlife san ~'flE erR \j
2,
3.
4.
5. Pathways and or bridges.
6. Recreational shelters. in Preserve upland areas,
7. Drainage and water management facilities as may be required by SFWMD.
8. Any other accessory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director detennincs to be
compatible.
5.1
Packet Page -845-
I
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OR: ~~~n n~. ~~~n
6/14/2011 Item 16.A.6.
5,4
DEVELOPMENT STANDARDS
A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. of
the Collier County Land Development Code, as amended. Any lot abutting a
proteCted/preserve area shall have a minimum 25 foot setback from the boundary of such
protected/preserve area in which no principal structure may be constructed. Further the
plat shall require that no alteration, including accessory structures, fill placement,
grading, plant alteration or removal, or similar activity shall be permitted within such
setback without the prior wollen consent of the Development Services Director. In no
event shall these activities be permitted wilhin ten feet of the preserve boundary.
B. Maximum height of structures - Twenty-five feet (25').
C. Minimum dislancc between principal structures - Ten feet (10').
D. Minimum distance between accessory structures - Five feet (5').
5.5
E. . Standards for parking, landscaping, signs and other land uses where such standards are
not specified herein ~.. .' _ ~DCe. with the Collier County Land Development
Code in effect at tbc~$~~~~~ Plan approval. Unless olberwisc
indicated, reqU~1icights, and fl~~'Standards apply to principal structures.
- 1% ~~ I \ \
PRESERVE DISTRICT ~TIOrGEAsEMEN'
A non-cxclusive Ln4~~~~~ brFollicr County Land Development
Code, Section 3'~8.1-r~'\e.~~~~ tb~rJ..r-J.fS~ct. In addition to Collier
County, a non-exMysa~f'cOiiScrv ~t mf'~o~Uired by other regulatory
agencies with juri~ie!iGn over Preserve Dis~ands. ~lion to complying with provisions
of the Collier Coun~ Development C~rsaid' ~e~t shall be provided in 8CCOlllance
with the tenns set f~~ applicable pcnnit Yiin~ other agencies. The Developer, its
succcssor{s) or assigns, . "- , the Master . . 'Den;' Association shall be responsible
I . ---~~-f~ ~"\ D-'
for contra and nwnte~~ IVe lstIiCL
5.2
Packet Page -846-
OR' .~r^ ft~. ~~^^
. 6/14/2011 Item 16.A.6.
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
i
6:.1 PURPOSE
i
!
The purpose of this Section is to set forth the development commilments for the development of
the project.
6.2 GENERAL
All facilities shall be. constructed in strict accordance with final site development plans, final
subdivision plals, and all applicable State and local laws, codes, and regulations applicable to this
PUD. Except where specifically noted or stated otherwise, the standards and specifications of
the Land Development Code, Division 3.2 shall apply to this Project even if the land within the
PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for Ihe
commitments outlined' in this document.
6.3
The Developer, his succ:cssor o~ollow the Master Plan and the regulations of the
pun as adopted, and any ~da~~~ncatiODS as may be agreed to in the rezoning
ofthc property. In addih~~\.t1e, is bound by the commitments
within this agreement! 07 ..(-"
/ II,. '\
PUDMASTERdJ' ~ ~b . \
A. . Exhibit" ..~.~.~. . .11 ~\roppscd development and is
II a-rU&.I:r-r I it. ~. . _1; f 1 I
conccp . ~osCd.msc.' at Dl\,181ld u~bGundaries or special land use
boundari~ .. fbe ~ ,!li~~ ah~y be adjusted during the platting
or site dev \ ~~eilt plan approval pr~. Subk~ the provisions of Section 2.7.3.5.
. of the Land '.. . ~Rnment Code, pu~-aicnd~ftt&.futY be made from time to time,
~~r . ~/ G~/
All necessary ~~ dedications, ~lIUmcots shall be granted to ~ the
continued operati~~qa~~icc utilities and all common areas in the
ProjeCt. ~
.
B.
C. The following shall be considered minor changes and refinements, subject to the
limitations of POO, Section 6.3A:
1. Rcconfiguration of preserve arcas,jurisdictional wetland limits, and mitigation
features as a result of environmental regulatory agency review, as long as the
changes do not cause additional impacts to protected species or habitat.
2. Reconfiguration of lakes, ponds, canals, or other water management facilities
where such changes are consistent with the criteria of the South Florida Water
Management District and Collier County and where there is no further
encroachment into preserv~ areas.
3. Rc:configuration of golf course envelopes and design features where there is no
encroachment into preserve areas.
6.J
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Packet Page -847-
. .op. !')CO n". '\,)01
6/14/2011 Item 16.A.6.
.
4.
Internal realignment of rights-of-way other than a relocation of access points to
the PUD.
5. Rcconfiguration ofrcsidentiaJ parcels when there is no enaoachmcnt into
preserve areas.
6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION
A. Initiation of construction on the Cocohatchec Bay Project is contemplated in calendar
year 2000 with completion of the golf course and Project infrastructure anticipated to
occur in calendar year 200012001. Marketing of commercial and residential sites and golf
course memberships are to begin in calendar year 2000, and are expected to be concluded
in calendar year 2010.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section
2.7.3.6. of the Collier County Land Development Code. .
6.6
C, The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of
Section 2.7.3.4 of the ~...code.
/ '\;1.\::.1'- \,,;VUA ~
POLLlNGPLACES/S~
Punuanllo Secti...i6.36..... UIc ,_ ~opmcnt ~ \m.ion shall be made for the
future use of space/within a ~ding 'fdr the pu~of accommodating the function of
an ekctoral poIlmfPI::C~J ~~/1\ I
An-=-~( 1_. iJ>.I!":~~~oftheCircuiICounofCollier
County, which ~~ upon any~1 sua;essdriJiPl interest that acquire ownership of
such c;:o~on ~\dcl~ding, but ~~t.limitcd~ co?doi~m 8S5OCi8ti~, ho~wncn' .
3SSOC18tlOns. that s~~. . on fllcihtics may~'iusCd.101:..U electoral polling place If dctcnnined
to be necessary by the~~or of Elections. ./..~~ ~
~;p~\\-/
SUBDIVISION ~~ARD DESIGN SUBSTITUTIONS
A, Sidewalks I bike palhs shall conform with Subsection 3.2.8.3,17. oftbc LOC.
Due to the environmental issues on Ibis Project impacts are to be minimized.
6.5
.
B. Private streets shall conform with the right-of-way width requirements of Subsection
3.2.8.4.16.5. of the LDC except as follows:
1. Cul-de-sacs and local streets less than one thousand feet U ,ooe)') in lenglh are
required to have a minimum fifty foot (SO') right-of-way width and two leD foot
(10') wide travel lanes as required by Subsection 3.2,8.4.16.5.
2. All other cul-de-sacs are required to have a minimum of fifly foot (SO')
right-of-way width and two ten foot (10') wide travel lanes as required by
Subsection 3.2.8.4.16.5.
6.2
.
Packet Page -848-
0: 6/14/2011 Item 16.A.6.
3. Tangents between reverse curves shall not be required under Subsection
3.2.8.4.16.10. of the Land Development Code.
4. Street grades may exceed four percent (4%) under Subsection 3.2,8,4.16.14, of the
Land Development Code provided that applicable Florida Department of
Transportatio,n, Manual of Uniform Minimum Standards (FOOT MUMS) and
AASHTO criteria arc met,
5. LOC Subsection 3.2.8.3.19.: The standard that street name markers shall be
approved by the Development Services Director and confonn with lhc Florida
Department of Transportation Federal Highway Administration Manual on
Unifonn Traffic Control Devices are waived. The requirements for street
pavement painting, slIiping and reflective edging of the main road system will be
waived. Traffic circulation signage shall be in conformance with Florida
Department of Transportation Federal Highway Administration Manual on
Uniform Traffic Control Devices standards. ,
6.
6.7
LDC Subsection 3.2.8.4,16.8.: The minimum back ,of curb radii for ~tcma1 roads
shall be ;t~ ~. t .~. of both entranccroad intersections which shall
bc40f~O~b.K CO'!JV'"
TRANSPORTAfi~r ~
A. The Develt.l'~vi4e a.Iioir ~COOIri""tiDD lowanIlhc capilal costs of any
tIaffic si~s ~~~~\deeined warranted by the County
{ 1 L~ _\J~ I \ 1:-\1 } \ \ I I
Engineer. 'IbJ1ttaffiC Sl~~ wU . ~i" 0JtallCid, owned, operated, and maintained
b Coif < eoJb-.l rra..J ;.::J.v~ 1 ~ Shall ~e afu:0811evel street lightin at all Pro---
Y .~.~ )\~.~~l~..... ~~ 1."/ ' .. g ~.
accesses ~w IDe" lSsu~of'ii ~rt1ncale of d@F;Upancy for a buddmg ~d from
a ProjCCl"~, ~) 0/
The Devel~~ that CoIUcr ~ty ~ the right to disallow developer
improvements . ..... ilt Dri~ .. .'~ / tLivingston Road, andIorWiggins Pass
Road rigbts-of-wa~) nflict with or negatively impact public
roadway, drainage, or un ..1.. , . i: anned as part offuturc four-laning construction.
.
B.
C. 1be Developer shall provide additional right-of-way in fee simple title, when necessary,
along the PUD frontage to Vanderbilt Drive. Additional right-of-way is required in
varying widths from 10 feet to 2S feet on both sides ofVandcrbilt Drive as shown on the
final four-lane design plans prepared for Collier County by Johnson Engineering, Inc.
Such required right-of-way along each side of Vanderbilt Drive shall be dedicated and
conveyed to Collier County wilbout consideration for impact fee credits for public
roadway. drainage, and public utility improvements. The right-of-way conveyance shall
occur at the time requested by the County.
6.3
.
Packet Page -849-
.
.
.
oft 6/1a4f2~11"lte;^16.A.6.
D.
The Developer shall provide additional right-of-way in fee simple title, when necessary,
along Vanderbilt Drive and Wiggins Pass Road at.all proposed and authorized access
points wherein right turn lanes for development purposes are required or specified. Such
additional right-of-way is declared to be compensating right-of-way and accordingly will
not be subject to road impact fee credits. The fmal four-lane design plans prepared for
Collier County by JOMson Engineering, Ine, do not show required right-of-way for right
turn lanes for this PUD, but the right-of-way shall generally be of a typical width of
approximately 15 feet. The right-of-way conveyance shall occur at the time requested by
the County.
E.
The Developer shall provide the additional] 0 feet of right-of-way in fee simple title,
when necessary, along the PUD frontage to Wiggins Pass Road, Additional right-of-way
is required in varying widths on the north side of Wiggins Pass Road as shown on the
final four-lane design plans prepared faT, Coll,ier County by Johnson Engineering. Inc.
. Such required right-of-way along Wiggins Pass Road shall be dedicated and conveyed to
Collier CountY without consideration for impact fee aedits for public roadway, drainage,
and public utility improvements. The right-of-way conveyance shall occur at the time
requested by the County. '
The Dcvel~ . . . ~.p~f-Way in fee simple title, when l'eCCSsary,
along the PUD~/ . , for' t/ '. . t1Wcst Livingston Road between
Vanderbilt Dri~a U.S. 41. The Vi1la~~UD directly to the north of this PUD
has dedi~ 67..5ic:ct-ofrighta()f-w~ along1ts sduthcm property line for the fururc
EastlWest.Livuigs~. ~ f~ ol right~""W~~ along the northern propelty line for
future F.1J!itIW~' . m~L../.: o8d-sbalJtbc-ded-m.tcd to the County. Such required
. I I' { I~\ l\ .
nght-of-way JfiaJ be cd! laD. . .. W/o Collier County for publIC roadway,
drainage.\~~u~~~ilt,~r~v ,mcn~ celliF~unty shall compensate the
Developcr~~t-en==w-ay ~on ~CJl!!ll'land appraisals of the fair market
value b~\ts value prior to apP'~al of th.e'. I~. TIle right-of-way conveyance shall
occur at tbe\~. . uested by the co . . J.. / ~9 /
'\+ :\. /0/
The Dcvelopcr~ p~o~~ road improvements to Vanderbilt
Drive that will pro"vIde ~)~~thiS includes turn lanes and Other
improvements such asIiinl&' se improvements are made prior to Ihe construction
of the County's Vanderbilt Drive four-lane expansion project. the Developer sball pay the
design' and construction .coSlS related to access for the Project for the existing two-llU1C
section of Vanderbilt Drive. Future four-lane expansion ofVandcrbilt Drive shall include
the project's access and shall be designed and paid for by the County during the
constrUction of Vanderbilt Drive. If these improvements are made after the construction
of the County's Vanderbilt Drive four-lane expansion project. the Developer shall pay all
design and construction costs related to access for the Project
F.
G,
6.4
Packet Page -850-
OR: Si14/201 1 it~~ 16.A.6.
H, The Developer shall meet the stonnwater attenuation and water quality requirements for
the future EastlWest Livingston Road between Vanderbilt Drive and US 41. The
Developer shall be compensated for the stormwatcr management commitments at a rate
to be determined. The Project shall accept future stonnwatcr commitments from
East/West Livingston Road along the Project property line in the form of water quantity.
Water quality will be handled within the 1675' right-of-way reservation.
I. The Developer shall design noise mitigation/abatement systems in accordance with the
Collier County Land Development Code.
J. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pus
Road precedes the development of this Project's access to Vanderbilt Drive, the
Developer sball bear the fun cost for the access and appropriate turn lanes.
6.8 UTILITIES
,
The development of this PUD Master Plan shall be subject to and governed by the following
conditions: l."BR Co U
A Water diStributio~~~ion lines to serve the Project arc to be
dcsi"....~ / .::~~ .~ __..:II '" .t.--... '-_...1 . ODed. -----' .111
~ COD'S...,.....,......, convey""", iiIUUIor ov.mea auu mamtai ID ~uancc WI
Collier Couhty. ~inancc-N~ ame\d~\8Dd other applicable County roles and
",gulati~. "/ ~\/\ \ ~ \
B. All ~~ ~UD :"1d ~agc c:o_ facil!ties 10 be
consttu~"\ill ~t~CB~:\ Co. u~ ~d),aJ~be bIlled by the County m
accordan~(Wl~Co~ ~S'/ ~ I
Th '\~~d..OO . ~..) ..1~. be o-..lI ..1.-
C. e on-slte\w~ 1M lion system~Yln6',,*......+,nJjeCtmust connecuou to UIl;;
District's w~~niam and must be consis1ini -MtH the main sizing requirements specified
in the CountY'S~~ P_~ed throughout the ProjccL During design
of these faciIitics~ a~g 1- ___r' . all be incorporated into the distribution
system: ~
1. Dead-end mains shall include dead-end flushing hydrants.
2. Stubs for future system interconnection with adjacent properties shall be provided
to the 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.
6.5
Packet Page -851-
.
.
.
t
OR: .~ 6/14/2011 Item 16.A.6.
D.
A water distribution system shall be constructed throughout the project development by
the Developer pursuant to all current requirements of Collier County and the State of
Florida. Water facilities constructed within platted rights-of-way or within utility
easements as set fanh in Collier County Ordinance 97-17, shall be conveyed to the
County Water/Sewer District for ownership, operation and maintenance. All water
facilities constructed on private propeny and not required by the County to be located
within utility easements shall be owned, operated and maintained by the Developer, his
assigns or successors.
E. All construction plans and technical specifications and proposed plats, if applicable, for
lhc proposed water system must be reviewed and approved prior to commencement of
constrUction. . .
F.
A sewer distribution system shall be constructed throughout the project development by
the Developer pursuant to all current requirements of Collier County and the State of
Florida. Sewer facilities constructed within platted rights-of-way or within utility
easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the
County Wat:cr1Sewer Disttietfor-owncrship, operation and maintenance, All sewer
f~~tics ~?nstm~~~~.~......not required. by ~ County to be located.
Wlthm UtilIty easememnnill be OWiiai:.~~01Fi1ted and mamtamed by the Developer, hIS
. /,A~/ U\
assIgns or su~ors. ~
All /. 11llms"3Dd ~fj " . d __..I I .f 1. bl ~
constnictlon p lcatlons an PropoliiCU pats, I app lea e, lor
'I L/ \ \ \ \
::ns=~COJTID~71:rvcdpriOrW~C=1 of
\?\~ ~) 0:;'1
~\ ,. :;:yj
,~ ~ {~O/ .
'~ci. ~~
~
G.
6.6
Packet Page -852-
OR' a~~^ ftft. ~~^~
, 6/14/2011 Item 16.A.6.
~.9 ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
;E.
A. Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rulcs and be subject to review and approval by Current Planning
Environmental Staff. Removal of exotic vegetation shan not be the sole means of
mitigation for impacts to Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
casements on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks
shall be in accordance with 3.2.8.4.7.3, of the Collier County Land Development Code,
C.
Buffers around presc::cved jurisdictional wetlands shall be in accordance with the State of
Florida Environmental Resource Permit Rules, Preserved jurisdictional wetlands and
surrounding buff CIS sh~ in Conservation Areas which shall be platted.
An. ~~al C --:1!.~a' (' &.-._) 1 ~ the .
exotic veg~ v, mODJtormgl3J} '-J:I1allltenance exotic-ll~ p an lor Site,
with emphasi ~j~ conservationlpreserv~lIICaS, shall be submitted to Cl.Iqent
Planning IJrivirDJ(mcntal SfBff for ~ew and'1ij)prb,val prior to final site plan/construction
planapproval.( -~\-/\ h ~ \
Pctiti~sm.r .,QI@ ~ ~ ~dationsof.tbc U.S. ~~ and
Wildlife ~,ce ~W .f1~da ~~ @!1dJ~I~hf~ Consc~anon CommIssIon
(FFWCC) ~~ poiCiiffiillmplKiJS to pmtec~lldhfe speClcs. Where protected
~ies ~ ~ed on site, a Habiti\.Min!ag~t'Plan for those pr:otcctcd species shall
be submi~,pJanning Services S~n/s~1 review and approval prior (0 final site
y~~" -?/ \ I
planlconstnlcl1Em approval. A Ba1d~ anagemcnt Plan and a Gopher Tortoise
Management Pf~~t9"\.Y
-!..lIE CIR~
Any amendment to the Ba anagement Plan shall require review of the
Environmental Advisory Council or any successor body.
.
D.
F.
6~lO ENGINEERING
A. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering
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 the Engineering Review Services.
B. Design and construction of all improvements shall be subject to compliance with all
applicable provisions of the Collier County Land Development Code.
6.7
.
Packet Page -853-
OR: ~~'o n~. ~~o,
6/14/2011 Item 16.A.6.
C,
The Developer. its successors and assigns, shall be required to satisfy the requirements of
all applicable County ordinances or codes in effect prior to or concurrent with any
subsequent development order relating to this site, including Site Development Plans and
any other application that will result in the issuance of a final or local development order.
.
6.11 WATER MANAGEMENT
A. An excavation pennit shall be required for the proposed lakes in accordance with
Division 3.5 of the Land Development Code and South Florida Water Management
District Rules,
6.12 msTORICAL AND ARCHAEOLOGICAL
6.13
Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site
clearing, excavation or other construction activity a historic or archaeological artifact is found,
all development within the minimum area neceSsary to protect the discovery shall be. immediately
stopped and the Collier Co. U~Dty. ~ mcDtDc. partmcnt contacted. .
~v~ CO~l\l
'~ ~t-.'
ACCESSORY STRU I. \~ '\ . . . ..r- .
A~ strUC~ sJW1 ~~ srIfuiltaneo~~~ with ~ following ~ con~ction of
the pnnclpal strufturct ~ l!W~.. 1 \ ~~,ngs\ tradc:zs. nwk~~g facl~lbes, .
contractors storage mid office.rfacll~ . ' . ~~may' be en:ctcd and utilized dunng the pcnod
of Project develcmmdht dud nktetins: Sue ~o(arylbuilkings shall be removed upon
. f' QV" '-/.,1 "- V...L_ ). '1-~ "XI h ~L
completion 0 thC,~ uang. ~:~. ~. :'5/"'1 are a=ssoryto.
{ /. ~~ (:yO
"'.f' . --)
. .,~
o/'. --0''''- .
~ FIlE elF- C
.
'6.8
.
Packet Page -854-
OR 6i1^4I2011It~~"16.A.6.
6114 SIGNS
1 ~ General
A. All County sign regulations shall apply unless such regulations are in conflict with
the conditions set forth in this Section.
B. For the purpose of this PUD Document/Ordinance, each platted parcel shall be
considered a separate parcel of land and shall be entitled to signs as permitted
herein.
C. Should any of the signs be requested to be placed within the public rights-of-way,
a right-of-way pennit must be applied for and approved.
D. All sig~ shall be located so as not to cause sight distance problems. '
2J
Entrance Sims
A. Two (2) Si~area-of 40 square feet each or one (1) sign with a
maximum#~~..M1~quare eei~~pcnnjttcd at each entrance to the
DcvcI~ ~\
mil~ ~heigbl'Of~(IS) feci above the IOW=I
cenlcr~ P~~. . \ivaic right-of-way to the uppcnnost
po/uon(bffuc Tlstr \ )]
En~~ ~~.J'I'0 a11~ts are shielded in a manner which
pre~~. !I}~. irect glare. into the ~n df dri~ using the adjacent streets or going
into ~eent residences. ~~ I. ~O .
~., """'7' {,
'f' \...I
O. ""~,
:.(':;> h --:::::.. C:0 y
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B,
C.
3J
i
i
i
Proiect Signs
A, Project signs. designed to promote the Cocohatchee Bay Project. or any major use
within the Project shall be pennitted along the east side of CR 901, the north side
of CR 888, the south'side of Livingston Road Extension and on all land tracts
within the Coeohatchee Bay PUD limits subject to the following conditions:
1) Project signs shall not exceed a height of twenty (20) feet above the
finished ground level of the sign site nor may the overall area of the sign
face exceed one hundred (100) square feet.
2} A maximum of four (4) project signs sball be permitted. Two (2) signs
shall be located along the CR 901 frontage, one (1) shall be located along
the Livingston Road Extension frontage. and one (I) shall be located along
the CR 888 frontage.
6.9
.
Packet Page -855-
OR' A~CO n~. ~~on
, 6/14/2011 Item 16.A.6.
3)
Project signs may be lighted provided all lights are shielded in a manner
which prevents direct glare which would impact the vision of drivers using
the adjacent streets or going into adjacent residences.
.
6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street- parking areas shall be in accordance with the Division 2.4 of the
Collier County Land Development Code in effect at the time of building permit application.
6.16
PROVISION FOR OFF-81TE REMOVAL OF EARTHEN MATERIAL
.
The excavation of earthen material and its stockpiling in preparation of water management
facilities or other water bodies is hereby pcimittcd subject to applicable sections of the Land
Development Codc.- If it is demonstrated that fill activities on those buildable portions of the
Project site arc such that there is a surplus of earthen material, then its off.site disposal is also
hereby pennittcd subject to the following conditions:
- ~ur~... ---
.~1_~~UA~. _.
Excav~tY.ities shall com ~JWith -the definttion- of a "development
excavatf~~uant to Division -~~.k-~ Land Development Code whereby
off-,(tc rcm..oval shatl be limited to tcn..pe~Dt (to a maximum of 20,000 cubic
yati'!s) 01 thlk6lBl..volumc e~at.ed un'1css ~ commercial excavation pennit is
"h'~ ~ \
rC<ZClv.f{ ( ~ ~Vl \ \
Ail ort P.fOvj(;lJ)wd vil: 3.S am aDDUcable.
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B.
6.10
.
Packet Page -856-
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eXHIBIT
" A II
COCOHATCHEE BAY
PUI) MASTER PIAN
(FtJ'IVRE CONDrDON)
~\.' - f, ~C)
VANASSE. DAYLOR
~.,.." .... ~ ~
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!
Packet Page -857-
~~
lMTE": otJ-29-00
~ "-06-00
SCALE: N. r.s.
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PRaJECT NO.: lK2205
AQ40 NO,
80205-PfDjI.
OR 6/;4i2011It~~";6.A.6.
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EXHIBIT l1a"
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OOCOH&TCRn? BAY
PUD MASTER. PIAN
WlDII'AGLE ZONE OVElllA
'\; ~ f:1 1C)
D4n: 0/J-29-00
VANASSE A DAYLOR REV: 11-06-00
-----
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_ ICPOIN. ft ..,.
PRO.ECT NO.: IJQ205
SCALE: N.T.S,
A.CAD NO, II02OS-PIJDIIp.
'-----,--.--- -
Packet Page -858-
OR 6/14/2011 Item 16.A.6.
Bald Eagle HllbiUd MtuUJKemnl Pili"
COCOHATCHEE
Sections 8, 16, 17. & 20, Township 48 S, Range 25 E, OorJer County.
Turrell & Associates. Inc. August 2000
4.0 Bald Eagle (Hal/aeetus leucocephalus leucocephalus)
4.1 Occurrence on Site
An active bald eagle nest is located on the site on the west side of
Vanderbilt Drive, shown on the attached site plan I preserve map.
According to FFWCC records, the site has been active for at Jeast the last
7 years with nest being constructed in two different trees. The current nest
was constructed in 1995 and the original nest tree was cut down in 1997,
the nest had already fallen. The parent birds fledged one hatchling in
1998-99 and two young during the survey period. The nest is located in a
dead and rapidly de~eriorating Slash Pine tree on the western portion of
the property. The tree is located between a small sawgrass marsh area
and the bay forest I mangrove swamp. The birds have an open view to the
water over the ~ngroves to the west. Almost all of the
established tr~~1ii1?er06e~ee and Vanderbilt Drive have died,
mostly due to'~"liJ.EHnat occu~hItfte,property several years ago so the
birds a1sqAlt~a relatively unobs~'\view of Vanderbilt Drive. Due to
the condition/Q.f-tf:le-~e. it is nR.! e~at the eagles will continue to
use the' neSt mere4han a catiple of more years at the most It is more
likely t,hat ~~ ~~W ~"4~\ . \ \ ith~r destroy the tree supporting
the nest, cif deSbi0y pt. e nr,mfBe)f It~ no..t clear where the eagles wiD try
to co~s~ 4 n~~ Ele~ ~ ~rS( a~cific observations were made
durind1 tile, ~~ : as~o JD7if~ flight patterns and feeding
behaV1~ound the nest TheSe ob~rvP!!91JS showed that flights into and
out of ~~ were predorni~y ~O}1e south and south-west from the
nest tree\~al other dead pine~OJ,!jij( the nest served as perches for
the parentS "dp.JI"- the nesting / R. An effort was made by the parent
birds to con . J .. . ~~nt to the existing marina early in the
199-100 season, . vlii. ~ orts were unsuccessful.
2.2 Biology and Habitat Requirements
The bald eagle is the largest raptor that breeds on the peninsula of
Florida, with a wingspan of about seven feet. Body plumage is dark
brown with the head and tail a distinctive while. Juveniles are browrH>lack
and fully develop the white head and tail by the age of five or six.
Eagles typically nest close to water with their diet comprised mainly of fish
but supplemented with a variety of vertebrates including birds and turtles,
Thus nests must provide prey opportunities in the vicinity, good visibility
and a clear flight path.
Nest laying begins in early fall and the cone shaped nests can be 6 feet
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BtJd Eagle Hllbiltd MlUIlIgemellt PlIUI
COCOHATCHEE
Sections 8. 16, 17, & 20. Township 48 S. Range 25 E. Collier County.
Turrell & Associates. Inc. August 2000
across and 6-8 feet deep, lined with soft materials. Most commonly, living
pine or cypress trees are chosen where some canopy remains above the
nest. The ratio of water to land edge is one of the most important
considerations and so long as prey density does not diminish, habitat
suitability of an area remains constant
Egg laying peaks in early December and clutches usually consist of one to
two eggs with incubation of approximately 35 days. The young fledge
after 10-12 weeks although parental care may continue a further 4 to 6
weeks after this. Most of Aorida's eagle pairs are year round residents
while the young are migratory.
In addition to th~ nesting tree. diurnal perch sites are an important part of
the eagle's territory. when, during the non-nesting season, perching may
take up 74-83% of the day (FWS). Selection is similarly based on' how
much prey is avaU~~ity and how well the bird can see it, thus
perch sites ar~. 1~lKtr~red by an open area such. as river or
lakebanks;<O~;'~
As a top,t~tor eagles are wlnerable to~e build up of contaminants In
the food ~n~~lalion-sim-\ was Severely affected by the use of the
~ti#e ~~OW:.b~~).~~h r~~u~ reproductiv~ success by
thlnnJl'lg eggs.tfel~~n.' drJT1~ rQUtY~lsontng are on-golOg concerns.
Multiple d"$iuinaife$ qy ~~ Ofl n"estirg tiirds has been shown to lead
ultimat~1Y 'ioJL~ ~ I '" t. ~~ and temporal isolation from the
nest s\~. ~ feeding areas we co.- m~. rY Jrts of species management
PI~ns. \~~ . ~)oJ.
GIVen the~~a1 reqUirements ~(Ah~loglcal success of the eagle,
an overvieW\Q(~.~ ~~eR~t~jA), e project site will allow continued
habitation is proVi~
4.3 Site Development Considerations. and Species Management
Protocol
.
The current site plan calls for development of a golf course only with an
option to conduct future residential construction should the site conditions
or. management techniques change to allow it. It should be noted that
existing flight paths. are predominantly to the south and south-west and a
far greater area of preserve extends .from the nest tree to the west.
keeping the site in a similar configuration to how it is currently utilized by
the birds. The main foraging area is the Wiggins Pass estuarine system
which is.designated as Outstanding Florida Waters, 280 acres of whic~
will be deeded by conservation easement to the South Florida Water
Management District preserving this habitat in perpetuity,
2
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Bald Ealle Habitlzt MDlUlKcnrellt PUll'
COCOHATCHEE
Sections 8,16,17, &20, Township 48 S, Range 25 E. Collier County.
Turrell & Associates, Inc. August 2000
The Habitat Management Guidelines outlined in the Recovery Plan for the
Southeastern States Bald Eagle call for a primary protection zone, except
under unusual circumstances, extending 750 to 1500 feet outward from
the nest tree. The precise distance being dependent upon the proximal
and spatial configuration of critical elements such as the nest tree, feeding
area, and roost trees. No residential, commercial, or industrial
development, logging or mining should occur within this zone.
The site plan for the golf course as proposed projects into the 750 foot
primary zone to the east of the nest tree. It is not anticipated that this will
adversely affect the eagles because of the existing circumstances of the
site. There are no existing living trees within this area and the birds
currently have a relatively unobstructed view of Vanderbilt Drive. The golf
course would remove some of the dead snags left in the area but
observations over th~ have shown that these snags are not
utilized bythe)~n~JGt,~~~ing. Also, flight paths into and out
of the nes~~EJ..o~~ direction and not over the area
propos~impacted. A screenhlNiving vegetation will be planted
betweeV the/~If-eettrse and ttte neSt sit~ to block views and sounds of
the gqffer$1. 1r. ~~ ~~. ;,'i. :on \would result in a buffer of
approximBt~o . ;.to~ tfl.8 nest A buffer of 750' would be
maint+ineC( tp ".' so)rtfi ~V~D~f the) nest, and ,,!O impacts are
nmooSed ~ the wed. ~iJJeem the Reii th~ Gulf of MeXICO.
'---'--T\n,.., '-S7-~ ~ ~ ',;';1
T . r. d. turb d k ~.J. L::::iL t esti riod te
o mln~ IS ance lB1rg~Tu~ 1r1)~n n ng pe . a grea r
buffer iOice "of 1500' in radiu~ ~ ~Iished and maintained during
site ~ activities. No Co~Ction activities will take place within
the 15OO-f00C .. during the ~~riod which runs from October 1
through May 'y ~lIE ClltCY _
Inco~rated throughout the site is an education plan consisting of signs
and posters located at golf hole tees, with information and pictures of the
habitats and species located in the vicinity of each hole. In this way
players and residents will gain knowledge and an appreciation of the
system as they progress through the course. The eagle wiD be highlighted
at the appropriate location with details on the species biology, ecology
and conservation status.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
.
ORDINANCE NO. 2000-88
Which was adopted ~unty Commissioners on
d f .../01. d" ....{:,., .
the ~2th ay 0 DeceLl~~ 2000. ur~ng ~~gu~~r Sess~on.
/~.'" ,\\ ~~
WITNESS my h~d !and~t.-off>i~ se:a~of\ the Board~::' g
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. Ex-officio to Board ot .: ,~:._.
County Commissioners ..
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By:
Ellie Hoffman,
Deputy Clerk
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COCOHATCHEEBAY
PLANNED UNIT DEVELOPMENT
REGUIATIONS AND SUPPORTING AMENDED MASTER PLAN
GOVERNING COCOHATCHEE BAY A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
mE COILIER. COUNTY LAND DEVELOPMENT CODE
.,y
DATE REVlBWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER.
AMENDMENTS AND REPEAL
DOCUMBNTDATE
SRTn..RUmIT AGBRP.Mml.JT AND JU~T .RA~E DATED
12111100
2000-88
12114100
."2008
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F~hiblt 1 to SeUlemeDt Agreemmt aDd Release
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INDEX PAGE
'List of Exhibits and Tables n
Statement of Compliance m
SECl10N I Property Ownership. Legal
Description and Short Title 1.1
SECTION n Project Development 2.1
SECTION m Residential Development AIeas 3.1
SECl10N IV GolfCo~- 4.1
. d ~~ L-tJ;
. "\;.. ,.If,
SBCTION V ~~ 5.1
/07 ..{-"-
SECl10N VI (~b 6.1
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I.IST OF DHIBlTS ANDTABI.E.~
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E.XHlBIT "A"
!
:
EXHIBIT "B"
Amended Planned Unit Development Master Plan
Ptm 11188_ Pl_ wHIl 'illS', ~e ~wlay IIBd
Blld ~e Me8BgIlBllBtPl&B
Cocohatchcc Bav PUD Amended Bald Ea2:le MIUU\MmeDt Plan
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TABLE I
,
,
,
Settlement A2reement and Rel~.JWI!
T,f.BIE n
LandU~
h\;~UA~
~Dt Standalds~"~ .
/~/ '" ~
,I De~9RJI~t Sbmdmts fur "GC~-S. e Family
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STATEMENT OF COMPLIANCE
The development of approximately 532.09 % acres of propcny in Collier County as a P1anDed
Unit Development (POO) to be known as Cocobatcbce Bay PUD will be in compliance with the
goals. objectives and policies of Collier County as set forth in the Collier County Growth
Management Plan. Cocohatcbcc Bay is a mixed use residential golf COUISe community and will
be consistent with the applicable clements of the Collier County Growth Management Plan for
the following reasons:
1.
Traffic ways. utilities, and other public facilities ncccssary to serve the Cocobatchce Bay
Project 8le adequate, The Cocohatcbec Bay Project will participate in the expansion of
existing public facilities to the extent of its impact on those facilities via payment of
impact fees.
2.
1"bc CocohRtl"lx;e Bay Project ~~~with and complimentary to existing and
planned land uses in the ~i~\~dS~"j.n a transition area which includes
low-rise residential dcve'~~ hi..risc ~f3ri\iJ!y develOpmcnL
/U.!"~ ~ ~. -1-"\
OI'L._ b' t lz:.~ . 1 . . " ~..ad . ~ ili..
.Ill'"' su ~cct propertY s ~on m IP. Ahon~lsting ,r p.~ commumty ~ac ties
and services ':-~d:' tbe"De~pmen~dential density as\described in Obv..t'tive 2 of
~I ----" ' ~
the Futwc~d Use ~Dr\I(T)J ~W, ,
Tbc proj~ ~~ ~t'1IIld ~~~ to cxistiDg IIIld ~
surrounding IImd uses. as required irlPOIky 5~of Q;FU~d Use Bement.
\t-0\ ~~ J ! /;:);
The property was dd~~ during the Zoning'iR.e-e/~on Process which n:sultcd in
an action cstablishing~vccili,zoning districts and ~~i~
~J~~'0.-'/
" ~~ ~-()
Pm:el1 - 11. t9-aG~l.E . ,1ll3st. =
ParcelS - 161.63. =
Parcel 6 - 13.15 acres RSF-4(3) =
Parcel 7 - 69.61 acres RSF-3st(3) =
RSF-3(3)
RMF-6(3)
RMF-6st(3)
RMF-12(3)
RMF-I2st(3)
RMF-12st(3)
RMF-12st(3)
RMF-6st(3)
3.
4.
5,
33.57 units
646.52 units
39.45 units
208.83 units
ParcelS
194.60 acres
583.80 units
=
Parcc19
Parcel 10
1.26 aaes
80,65 acres
3.78 units
241.95 units
=
=
TOTAL
532.09 acres
1757.90 or 1758 units
=
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6/14/2011 Item 16.A.6.
The PUD will utilize a total of 590 units on 532.09 :t: acres for a gross density of 1.11
dwellings per acre, 'Ibis action makes the land use and density consistent with the Future
Land Use Element of the Growth Management Plan.
6.
Improvements are planned to be in compliance with applicable sections of the Collier
County Land Development Code as set forth in Objective 3 of the Future Land Use
BlemcnL
t.
The project Dcvelopmc:nt will result in an efficient and economical allocation of
community facilities and services as reqDiIcd in Policies 3.1.H and 3.1L of the Future
Land Use Element.
8.
The project Development is planned to protect the functioning of D8b1r8l drainage
features and natural groundwater aquifer recharge areas as described in Objective 1.5 of
the Drainage Sub-Element of the Public Facilities Element.
9.
AIl final local development orders for this Project ~ subject to DRilisB 3.1S, ASeEfUIlle
PBBlie F8BiIi1ies. eftbc Colli~.cr ~l.op. ment Code (LDC).
.<:::::<v\-\BK\::UU~
This PUD amendment is~~~o1 -, ~JDent A2recment and Release, a
CQi)v of which is att8cbed4tcrcto as Exhibit ''C'' Bud which terms and conditions are
hereby deemed to ~ inc6Inoratea hctcin bY rcf.cICDCe ''88 iflfuI1v set forth herein. If any
terms between thiS' PuD ariieilOmeDt..end thi Settlement ~t and Release are in
conflict. the SCttlelnenl~' ". .tlrrrmru
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SECTION I
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of COCOHATCHEE BAY.
_ 1.2 LEGAL DESCIUPrION
PARCEL 1
TIm SOtmlERLY S48 FEET OF A TRACI' OF LAND LYING IN SECTION 8.
TOWNSHIP 48 SOlmI, RANGE 2S BAST, COlL1BR COUNTY, FLORIDA, SAID
TRAeI' BEING DESCRIBED AS: BBGINNlNG AT TIm SOurHEAST CORNER OF
GOVERNMBNT LOT 4, SAID SE 8, RUN S.88024'4Q"W. (SHOWN IN ERROR
AS S.88"26'40'"W. IN 0 /. .,,' .....~ F.. {>-:-t:.3__5; OoR. BOOK 87, PAGE 439
TIlROUGH 447; O,R.~~, ~~;,:--Q.R. BOOK 218, PAGE 484;
HERElNA.FTBR crr.eIY-AS.-QFFICIAL RECORBS)):A1.pNG THE SOlmI UNB OF
SAID GOVBRNMHNT~ THE WESTERLY'PROLONGATION OF SAID
soum LINE, FOR 1i6.7~ECi10N WITH AN AGREED
BOUNDARY LINE AS JUig)~n& QJt ~, PAGES 439 THROUGH 447
(SURVEYOR'S ~arB( A1:mOWGH'OiklfBQOJc\1P, \pAGE 692 AND O.R. BOOK
218. PAGE 484 IJrnI~tE ~T ~A~~ ~b~.t.aY LINB IS FOUND IN
O.R. BOOK 68, PAG~ ~RA:R1NGS ahffi> -Jl)J!11ANCB ARE IN EFFECT
THOSE RBCITEI>\~,,^ LATER BXCHAN~ OF PIJJ4'~ DBBDS O.R. BOOK
87, PAGES 439 ~'qUOH 447), OF ~Ppl}~'RECORDS OF COUJER
COUNTY, FLORID'(~CE RUN N.290'1 N9~tALONG SAID BOUNDARY
LINE, FOR 300 FEEl';~CE RUN N.~;W., ALONG SAID AGREED
BOUNDARY LINE, FOR.'9ti1.4~Mim-ERROR AS 961.30 FEET IN THE
OFFICIAL RECORDS); _3000"W. ALONG SAID AGREED
BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN
THE OFFICIAL RECORDS); THENCE RUN N.22031 'OO"W .. (SHOWN IN ERROR AS
N.220)0'OO"W. IN THE OFFICIAL RECORDS). ALONG SAID AGREED
BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH. ALONG SAID
AGREED BOUNDARY LINE, FOR 99,92 FEET, TO AN lNTBRSECTION WITH THE
WESTERLY PROLONGATION OF TIlE NORTH LINE OF GOVERNMENT LOT 3,
SAID SEC'l10N 8; THENCE RUN N.0OO8'S3"E. (SHOWN IN ERROR AS NORTH IN
THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S,S9000'OO"E" FOR 815,68
FEET, TO AN lNTBRSECTION WITH SAID WESTERLY PROLONGATION OF THE
NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89D12'20''E.,
ALONG SAID WESTERLY PROLONGATION AND ALONG TIm NORTH LINE OF
SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER
OF SAID GOVERNMENT LOT 3. THENCE RUN S.OO"'23'10"E., ALONG nIB EAST
UNE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4. FOR
2744.30 FEET, TO TIlE POINT OF BEGINNING. PLUS ANY LAND ADDED
1.1
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nmRETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY
LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 5 \, .
THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 soum, RANGE 2S
EAST, COLLJER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-
OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE)
AND S-86SB (ALSO KNOWN AS WIGGINS PASS ROAD).
PARCEL I)
TIIAT PART OF THE NORTHERLY O~FIFIlI (BEING MORE PARTICULARLY
DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEB11 OF THE
NORTH 1/2 OF THE NORTIlEAST V4 OF SECrION 16, TOWNSlUP 48 SOurH,
RANGE 2S BAST, COLLIER COUNTY, FLORIDA WlfiCH UBS WEST OF THE
RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMITRAlL).
PARCEL 7
THE BAST If2 OF THE N9R~ON 17, TOWNSHIP 48 soum,
RANGE 2S EAST, co~ .~~"EXc~G THEREFROM THE
SOUTHEAST 1/4 oFt ." SOUTHEAST 114~THE NORTHBAST 1/4 AND
EXCEPTING' ~ THE RIGHT-OF-w-A,Y OF STATE ROAD S-865A
(V ANDBRBILT DRwm. PLIISc.~\ADDEQ rimRETo BY ACCRETION
~~~~J.15.. tr). \LOSTTIIERI!FROMBY
PARCEL~ b\~ V , ,.bi
BBGINNlNG AT\~ SOUTHEAST CO~ pF fl~ON 17, TOWNSHIP 48
SOUTH, RANGE ~, COWER c+y. ~A, RUN N.890S4'20"W.,
ALONG TIlE SO~~ OF SAID SECTIaN~&.FOR 2839.52 FEET TO AN
INTERSECTION Wlm" ~~REBD BO~~ AS RECORDED IN OR
BOOK 68. PAGE 235 ~O]l9H~J;1'W:)puc RECORDS OF COlLlER
COUNTY. FLORIDA; THBN~~'OS"B.. ALONG SAID AGREED
BOUNDARY LINE. FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 FEET. IN
O.R. BOOK 68. PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED
AS OFFICIAL RECORDS); THENCE RUN N.30000'00"E.., ALONG SAID AGREED
BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.OS"OO'OO"W,. ALONG SAID
AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29011'40"W..
ALONG SAID AGREED BOUNDARY LJNE. FOR 1957.41 FEET, TO ANEINTERSBCTION WII'H THE WESTERLY PROLONGATION OF THE NORm L1NE
OF SAID SECTION 17; THENCE RUN N.88"'24'40"E. (SHOWN IN ERROR AS
N.88026'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORm LINE FOR
3449.51 FBBT TO TIm NORTHEAST CORNER OF SAID SECIlON 17; THENCE
RUN S.OO27'3O"E., ALONG THE EAST L1NE OF SAID SECI'ION 17. FOR 2690,04
FBET (SHOWN IN ERROR AS 2689.3S FEET IN THE O~CIAL RECORDS). TO
THE EAST QUARTER CORNER; THENCE RUN S.OOU'OO"E. (SHOWN IN ERROR
AS S.O"26'OO"W.lN THE OFFICIAL RECORDS). ALONG THE EAST LINE OF SAID
SECfION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING
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THBRBFROM (1) THE BAST In OF TIlE NORTHBAST 1/4, (2) THE NORTHEAST
1/4 OF nIB SOUTHEAST 114. (3) THE NORllIEAST 1/4 OF THE SOUTHEAST 1/4.
OF THE SOUTHEAST 1/4, AIL IN SAID SECTION 17; AND EXU2'TING THE
R1GlIT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND
EXCEPTJNG THAT PORTION OF THE SOUl'HBAST 1/4 OF THE SOUTHEAST ~
OF THE SOUTHEAST 1/4 OF SBCl'ION 17. TOWNSHIP 48 SOUTH, RANGE 25
EAST, DESCRlBEDAS FOu..oWS: FROM"TIIE NORnmAST'CORNER. OF TIlE
SOUTHEAST 1/4 OF THE SOUTHEAST 114 OFTIIB SOUTHEAST 1/4 OF SECTION
17, RUN S.8goS3'18"W. FOR so FEET, TO THE POINT OF BEGlNNlNG; THENCE
RUN S,89053'18"W., FOR 186,65 FEET. TOA POINT ON BULKHEAD LINE AS
SHOWN ON PLAT THEREOF RECORDED IN BtJLKHBAD L1NB PLAT BOOK I,
PAGE 7, OF THE PUBliC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
RUN S.410ll'03"W, FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE
RUN S.oo06'42"E.. FOR 120 FEET, THENCE RUN N.890S3'18"E" FOR 27S.72 FEET,
TO A POINT ON THE WEST RIGHf-OF-WAY UNE OF STATE ROAD S-865A
(V ANDBRBlLT DRIVE): nmNCE RUN N.O~6'OO"W., FOR 220 FEET, TO TIlE
POINT OF BBGlNNlNG,'PLUS ANY T -AND ADDED THERETO BY ACCRETION
OR REUcrION, AND ~.. ',. ~)~CK:tj~ LAND LOST THEREFROM BY
SUBMERGENCE OR EROSI.. Obr------'::::-'. u~ AVl'~.~
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PARCRr., / /, , '\ \
TIlAT PORTION 0F1lIB llIORTHBAST114:'OF THB"sOU\rHEAST 114 OF SECTION
I J ~" \. \~.
17. TOWNSHIP )IS S~.~ ~~ C9'l1RR COUNTY. FLORIDA,
DESCRIBED ~ ~:rfR~~')~-)P9~ pF \BEGINNING AT THE
NORTHWEST CO~ OF\THE ~~111~ ~ 1lfE SOtmIEAST 1/4 OF
SAID SBCTION ~t1;1,~893d.s5'~R ~ rfJIf. ALONG THE NORm
L1NE OF nIB SOtfIHEAST 1/4 OF mE S:O~/4 OF SAID SECrION 17.
TO A POINT O~-q'~ BULKHEAD ~~ siI'cJjN ON PLAT THEREOF
RECORDED IN Bl:JLKHBAD LINE PLAT BooK'd7PAGE 7, OF THE PUBUC
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RECORDS OF CO~. FI.D~A(~CE RUN N.OO26'OO"W., FOR
100 FBBT, ALONG SAm~~\.lJmNCB RUN S.89040'SS"W., FOR
560.23 FEET. ALONG SAID t... ~TO A POJNT ON THE 'WEST LINE
OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECfION 17;
THENCE RUN S,O~'41 "E,. FOR 100.00 FEET, TO THE POINT OF BEGlNNING.
PLUS ANY LAND ADDED THBRBTO BY ACCRE'l10N OR RBLlCTION, AND
I.E.SS AND ACCEPT ANY LAND LOST 1lIERBFROM BY SUBMERGENCE OR
EROSION.
PARCEL 10
BEGINNING AT THE SOUTHBAST CORNER OF SECTION 20. TOWNSHIP 48
SOUTH, RANGE 2S EAST, COUJBR COUNTY, FLORIDA. RUN N.890S2'2D"W.,
ALONG THE SOUTII LINE OF SAID SECl10N 20. FOR 2053.75 FEET; THENCE
RUN N.ooo14'OO''W. FOR 1698.91 FEET; THENCE RUN N.54047'S2"W., FOR 399.32
FEBT, TO AN INTERSECTION wrm: AN AGREED BOUNDARY LINE AS
RECORDED IN O.R. BOOK 68, PAGES 23S THROUGH 250. OF TIm PUBUC
RECORDS OF COI.LlBR COUNTY, FLORIDA; THENCE RUN N.79017'IO"E..
ALONG SAID AGREED BOUNDARY LINE. FOR 69.60 FEET; THENCE RUN
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N.020.S9'30"W._ ALONG SAID- AGREED BOUNDARY LINE FOR 1417.66 FEET
,(SHOWNlN ERROR AS 1475.01 FEET IN O.R. BOOK 68, PA~235); THENCE .
RUN N.2701~"W., ALONG SAID AQREED ~OUNDARY LINE FOR 705.31 FEET;
. THENCE RUN .N.18044'30"W., ALONG 'SAID AGREED BOUNDARY L1NE .FOR
887.03 FEET. THENCE RUN N,Oso31',50"W., ALONG SAIP AGREED BOUNDARY
I..JNE FOR 393.34. FEET. TO AN INTERSECTION' WITH THE NOR1HIJNE OF,
SECTION 20; THENCE RUN. S.890S4'20"E., ALONG SAID NORTH LINE FOR
2839.52 FEET. TO.THE NORTHEAST CORNER OF SAID SBCIlON 20; TIlENCE
RUN S.02012'OO"E., ALONG THE BAST UNE OF SAID SECI'lON 20, FOR 5273.90
FEET (SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68. PAGE 235) TO THE
POINT OF BEGINNING.
PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICl'ION. AND
LBSS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR
EROSION,
AND lESS AND AC~.'~~.Y OF STATE ROADS S-865 A
(ALSO KNOWN AS ~ERBlI:lD. ~fF. S-846 (ALSO KNOW AS
BUJEBIILAVBNUB)'0r <(\
AND LESS AND A~'iBIl6.l0U:OWiNO,DBSCRlBINmALPROPERTY:
I I "m-' \ ~ \
AIL OF ~~S~ ~.~~.~~ fj. NO~Y1A\DDinON. ACCORDING TO
THE PLAT THBRBOF. RECORDED JIN. T~oold ~J AT PAGE 81 OF THE
PUBLIC RECORbS'2~ J.,~~~0i.JN:ry. B1n~m~ANo AIL OF WIGGINS
PASS LANDJNGs.\~ NO.1 ACCORD~/fO ~j~t THBREOF RECORDED
IN PLAT BOOK lp~~ PAGE 44, OF ~ '~iRECORDS OF COWER
COUNTY. FLORIDA\.~G MORE PARTI~pBSCRlBED AS FOlLOWS:
BEGINNING AT THB'S~T CO~ 4 OF SAID WIGGINS PASS
LANDINGS UNIT NQj,~~~/ N.89052'20"W, ALONG THE
SOUTHERLY LINE OF S . I${. bISfANCE OF 599.96 FEET TO THE
SOUTHWEST CORNER. OF SAID LOT 4. THE SAME BEING THE SOUTHEAST
CORNER OF LOT 10, BLOCK. 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N,89052'20"W,. ALONG TIm SOUTHERLY I.JNE OF SAID WIGGINS
PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FBBT TO TIlE
SOUTHWEST CORNER. OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N.OOO14'OO'W.. ALONG THE WESTERLY LINE OF SAID WIGGINS PASS
LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEEl'; THENCE N.34026'lS"E.,
ALONG SAID WESTERLY LINE. A DISTANCE OF 439.38 fEETTO A POINT ON
TIm NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N,87048'OO"E. ALONG SAD> NORTHF.RLY L1NE A DISTANCE OF
1481.48 FEET TO TIlE NORTHEAST CORNER OF LOT 3. BLOCK 3 OF SAID
WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.02012'OO"B. A DISTANCE OF
163.TI FBBT TO THE NORTHWEST CORNER OF LOT 1. BLOCK 3 OF SAID
WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87048'OO"E. A DISTANCE OF
200.00 FEET TO THE NORlHEAST CORNER OF SAID LOT 1; THENCE
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S.()2.012'OO"B. ALONG TIlE EASTERLY UNE OF SAID WIGGINS PASS LANDINGS
UNlI' NO.1, A DISTANCE OF. 668.16 FEET TO THE SOUTHEAST CORNER OF
LOT 1. BLOCK I OF ~AlD WIGGINS PASS LANDINGS UNIT NO.1, THE SAME
BEING THE NORTHEAST CORNER OF LCYf 1 OF SAID WIGGINS PASS
LANDINGS UNIT NO.1 ADDmO:N; TIiENCB S.02012'OO''E, ALONG THE
EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDmON. A
DISTANCE OF 1209.93 FEET TO TIlE POINT OF BEGlNNlNG, PARCEL
CONTAINS 88.56 ACRES, MORE OR L5SS (BEARINGS REFER TO WIGGJNS
PASS LANDINGS UNIT NO.1 ADDmON, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBliC RECORDS OF
COlLlBR. COUNTY, FLORIDA).
PLUS ANY LAND ADDED THERETO BY ACCRETION OR REL.ICl'ION, AND
LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERG~CE OR
EROSION,
ANDLESSANDEXCEPTTHE.~ _..,.-, .. GDDESESCCRlBEDRBALPROPERTY:
6~~Ot~
A PORTION OF LANl?~~1W IN THH~.J1ROF SECTION 20, TOWNSHIP
48 SOtmI, RANGE/2S'~ OF COILIBR CGt1.N'J'Y, FLORIDA, BEING MORE
PARTICULARLY DEsCR:m-ED ~... FOlLOWS: ~\
I/~'_~~
COMMENCING AT :r!J5..!P~~... ~ SOtmmAST 1/4 OF
SAID SECl'ION (20; ~ 1)l.~o~POJ'V.1~q ~ EASTERLY LINE OF
SAID SOU'lllEAFf ~(4 ~ D~TAN~qFM97O~" FpEJ'" Tf;IENCE S.87048'OO"W., A
DISTANCE OF s,o~....,,"FBEr/~::tON .. ~Y RIGHT-OF-WAY
IlNE OF VAND~T DRIVE, A lOO')Q FOpT/RlfiHT-OF-WAY AND THE
NORTHEAST CO~ OF LOT 1 BLOC.~OO~S/PASS LANDINGS, UNIT
NO,l, ACCORDING~. PLAT TIlBREoF~Q..ii'w IN PLAT BOOK 10, AT
PAGE 44, OF TIm PUBtl6-RECORDS OF cm~~~ COUNTY, FLORIDA, TIlE
SAME BEING mE POINIlo~nm PARCEL OF LAND HBREIN
DESCRIBED; THENCE S:s,q(~ANCB OF 200.00 FEET TO THE
NORTHWBST CORNER OF SAID LOT 1; THENCE N.02012'OO"W. A DISTANCE OF
163.77 FEET TO THE NORTHEAST CORNER. OF LOT 3, BI..OCK 3, OF SAID
WIGGINS PASS LANDINGS UNII' 1; THENCE S.87048'OO"W. ALONG THE
NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS. UNIT NO.1. A
DISTANCE OF 1481.48 FEET; THENCE S.34~6'15"W, ALONG THE
NORTHWESTERLY LINE OF SAID WIGGJNS PASS LANDJNGS, UNIT NO.1, A
DISTANCE OF 439.48 FEET TO THE NORTHBASTERLY CORNER OF TRAcr B,
BAKER.-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 8, PAGE 42, OF 'mE PUBLIC RECORDS OF COILlER COUNTY,
FLORIDA; THENCE N.54047'52"W.. ALONG THE NORTHERLY LINE OF SAID
BAKER-cARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION
WITH AN AGREED BOUNDARY lJNE AS RECORDED IN OFFICIAL RECORDS
BOOK 68, AT PAGES 23S TIJROUGH 250, OF THE PUBUC RECORDS OF
COUJER. COUNTY, FLORIDA; THENCE N.79017'lO"B., ALONG SAID AGREED
BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.oso9'30"W., ALONG
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6/14/2011 Item 16.A.6.
. SAID AGREED BOUNDARY LINE. A DISTANCE OF 1417.66 FBBT~ THENCE
N.27DI5'2O"W., ALON~ SAID AGRE6D BOUNDARY" LINE A DIST~CB OF
"f)i6.67"FBBT; THENCE N.87D48'OO"E., A DISTANCE OF 2412.71 FEET TO A POINT
" ON THE WEsTERLy ~GHI'-OF-WAY L1NE OF SAID VANDERBR..T DRIVE;
'lHBNCE S.02DI2'2S"E.. ALONG SAID WESTBRL Y LINE. A DISTANCE OF 1373.11
FEBT; THBNCB S.02012'OO"E. ALONG sAID WBSTBRLY LINE A DlSTANCE.OF
667.03 FBET TO TIlE POINT OF BEGINNING, PARCPL CONTAINS 100 ACRES,
MORE OR LBSS.
1~ PROPERTY OWNERSHIP
1\.4
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2(28Jo8 revision
The subject property is owned by A.L. Dougherty Co. Jnc" a Delaware Corporation.
GENERAL DESCRIPTION OF PROJ!'KKTY AREA
The Project site is bordered on the West by the Delenor Wiggins State Park and
Barefoot Belch County ~ by Tarpon Cove POD and Wiggins Bay
" . PUD, on the So~ Y!'.-diCi~~ ~ ~ the North by ArborTracc PUD and
tbe~PUD;(~A
The zoning c'~c:Jrinn nf the project prior to ~va1 of this PUD document,
I ,. i" '\ \
was RSF-3!(3),JRS&3~(3), ~r'=4rRSF-4 (3), RMF-l2ST (3), RMF-12 (3).
RMF-6 sr(3),~. m"< A:rr~~. \ \
(' If /\J. -" i " VI"\ 1
PRYSICALT~IJ1J. ~,l lei
A. The Pro~k within South F1riBda w.ater! ~agemcnt District No.6.
Drainage ~\ " \.~ '. ill di ~~.~. I c6cu~ L.-. B
piOpeny W sc " nto f!~ ay
'r' . I"'\.-)" / ~V '
W Mana~ '1" ti the Pro. .;/~,~Z des' -.I d -....-.....-... .
Eller. <J~~.ir.~ ~ ."'f~ U'iOi 19n~ ~ ',.uwnu~~ m
order to lnt:rocb:e~J~t . . _. ~-10 wetland meas 10 an attempt to
assist in the MStOnlti~" . ~r \ o. "./ tion and preserve areas,
A.
B.
B.
C. Elevations within the Project site range from I.S to 11 feet above mean sea level.
Most of the area, however. falls within the 10' to II' foot elevation category. The
site lies within Flood Zone AE (BL 11') and AE (BL 12') according to Fll'Dl Maps
120067-0191D, 01&70, and 189D, dated June 3, 1986.
D, Soil types within tb: Project include Ken tine sand (approximately ~), Cypress
Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil
characteristics were derived from the Soil Survey of Collier County, Florida,
issued by the U.S. Department of Agriculture (Soil Conservation Service) in
March, 1954,
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PROBer DFSCRIPTlON
The Cocob8tcbec Bay PUD is a residential and golf course community with a maxim~
of S90 dwelling units. Recreational facilities including a golf course. clubhouse.
maintenance, facility, caddie quarters, and guest suites will be provided in conjunction
with the dwelling units. Residential and rc:crcational land uses are designed to be
harmonioos with one anotbcr in a natnral setting by using common BIChitcctural themes,
appropriate scr=ning and buffering and open space.
L7 SHORTTITLE
This OrdinBDCC shall be known and cited as the "AMENDED COCOHA TCHEE BAY
PLANNED UNIT DEVELOPMENT ORDINANCE."
... ~<lt,RCO{lA,.~.
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SECllON n
. PROJECT DEVELOPMENT
~1 PURPOSE
i
The pmpose of this Section is to generally describe the Project plan of development,
relationships to appIicable County ordin~, the respective land uses of the tracts
included in the Project, as well as other project relationships.
~ GENERAL
A.
Development of Cocohalcbee Bay shall be in accordance with the contents of the
Amended Plauncd Unit Development document, the Scttlem:nt Al!I'CC1DCnt and
Release AttA~Mon hereto. and appHcable sections of the Collier County Land
Development Code and Growth Management Plan in effect at the time of issuance
of any development ordCr, such as, but not limited to. Fmal Subdivision Plat,
Fmal Site Developmcn..J-:!mq, Excavation Permit, and Preliminary Work
Authorization. to wbi~ ~~6!1~~atc, Where these regulations fail to
provide develop~~!.:-s~~ons of the most similar district
in the County T"~~vclopmcnt Code sha1i~y.\
Unless ~~ oefm1tions of ~.tenrls shall be the same as the
definitions/set fivthl~~~~vel~rt Code in effect at the
time fbuiInift~rr:q ..1feaiiOtl "'7( )\
o ~~113pp I ,. Vi I
All cooJcm.\~JJal!l2ll ~ dqRctiDg_ODS
for the ~~t of the ~ Bay pfi:D;' shall become part of the
regulations ~ch. govern the manner ~wbic;h ~Un site may be developed.
\~" r~/?iY
Unless modifiCd, ~ved or excepted ~,PJ1D, the provisions of the LDC,
where applicabl&Jta.i~l1 fnYCe 1iDd~ with respect to the development
oftbeland WhiChCO~
Development permitted by the approval of this Petition will be subject to a
concuuency review under the provisions of DbieisB 3.tS, "lIr~F-.- PHeBe
FllBilities, ef the IDC at the earliest or next to occur of either final SDP approval,
final plat approval, or building permit issnancc applicable to this Development.
B.
c.
D.
E.
i
~ DESCRIPI'ION OF PROJECf PLAN AND PROPOSED LAND USES
A. The Project Master Plan, including land uses for the various tracts, is illustrat.ed
by Exhibit "A," thC Amended PUD Master Plan. The nature and extent of land
. uses within the Project arc indica1ed on Table L The specific location and size of
individual tracts and the assignment of dwelling units thereto shall be determined
at the time of detailed site development planning or platting.
2.1
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6/14/2011 Item 16.A.6.
B. The final size of the recreation and open space lands will depend on the actual
teqWrements for water managelDCllt facilities, golf course layout, roadway pattern.
and dwelling unit size and configuration. .
COCORATCBEEBAY
LAND USE SUMMARY
TABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
Residential "R-I-"
S2Q 4&G
a1QH.99 II
1
llB
MAX. D.V.'s I Sauare Foota2e
ACR~
ft--:deBliBlICR2" ~ ----
-- /~\p.rf... LUU~
Golf"'-'-- "Ge' /~O.~. 2* ~ ~^~
'-UWlKO /Cy-- - -<-"\
Open S~ I / ~ N/A --JI \
(PIeServe, Lakes and Lan" B~J"'-"L---'~ \ .. \
, ~Ota1.(~C~ 1"'11.) \ \. r)ToIw 532.09<1-lIClOS
\().\\~ J II ~ itl
~ "OC" IIIIim to be """'..-4 fmm~ J*l iJI the "R" Ute 10 total o~~ 590!~1
\ t~~ \ ~~ i 1.':::-'1
. \Vi;~ APPRnV AT. :~\...)L/CY/ ... .
2.4 RELATEDPRO .'~p~~
.,.~ ,,-0 L'-Y'::
A. Prior to the recording ~ or Condominium Plat for all or part of
the PUD, final plans for all reqDiied improvements shall receive approval of the
applupliatc Collier County govr:nuncntBl agency to ensure COmpliBDCC with the
Amended PUD Master Plan, the Collier County Subdivision Code, and the
platting laws of the State of Florida.
9.79 II
17039 +1-
308,00 +1-
B. Revised Exhibit "A," the Amended PUD Master Plan, constitutes the required
PUD Development Plan. Subsequent to or co~nt with POD approval, a
prelimimuy subdivision plat, if applicable. shall be submitted for the entire IUC&
coVCled by the Amended PUD Master Plan. Any division of property and the
development of the land shall be in compliance with DP.isiaB 3.2 af the Collier
County Land Development Code, and the platting laws of the State of Florida.
C. The provisions of Di.AsleR 3.3 af the Collier County Land Development Code,
when applicable, shall apply to the development of all platted tracts or parcels of
2.2
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.. land. as provided in the Collier Countv l.and Developmeilt Code seW ])i,.jsi9B
prior to the iSsuance. of a buildingpemlit. or otbef development Older..
. .
. .
D. The development of any tract (W parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and l'IlCCive approval of a Pleliminary Subdivision Plat in
conformance with the rcquirem.ents ef DiviBiBll. ~.J of the Collier County Land
Development Code prior to the submittal of construction plans and a final plat for
any portion of the tract or parcel.
E. Utility, road, public and private easements shall be established as mquired during
the SDP and/or plat approval procesS.
F. Appropriate instruments will be provided at the time of infrastmcturc
improvements regarding dedications and the method for providing perpetual
maintenance of the common facilitlcs~
j
I
2!5
i
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MODEL HOMES I SALES.o~C~(j'"
~"'v~V-..
Model bomes, sales e;cq~a ocher uses and ~ related to the promotion and
sale of real estate suCb~ but Dot limited to, paYi~oDS,\ viewiDg platforms. gazebos.
. parking areas, ~. mid ~ ShalI-be-.~\~ipal uses throughout the
Cocohatcbee Bay tUrf. subject ~~18 ef ~eetieB ~.'33.i. af IRe Collier
County Land Devel~all ether &PP1i~kctions. Sales facilities will be
.tted .or to., &wI, l~ ~ I Jaj kJ., t: <'~ in the.' Collier Countv Land
perm1 pn ~_L_ J' ~ P ~\ ,PPfOn ~ l 1 r -- -
DeveI~t UXJ;'." -till S_ :LUJA.LJ'" - :l L.)
:.,...<' - - ~ '1 ~
\Ie' . Lf I '---.,
AMENDMENTS ~ DOCUMENT O~\troJ) . . PLAN
\~, '~/G'-X.
Amendments may be,\~,-to the PUD as vfdeQ 10 the Collier County Land
~. lJ. .... \\.. .. .
Development , . . .... ~ c'-)
~ -< erR:
OWNERS FOR COMMON AREA
.
2+6
~7
ASSOCIATION
MAINTENANCE
OF
Common area maintenance will be provided by the Master Property Owners' Association.
The Association is a legitimate alternative for the timely and sustained provision of
quality common area infrastructure and maintenance under the terms and conditiona of
County development approval. For those areas not maintained by the Master Association,
the Developer has CICated a ~ty owners' association(s). or condominium
association(s), whose functions shall ioclude provision for the perpetual maintenance of
common facilities and Open spaces. TIle Master or the property owners' association, as
applicable. sball be responsible for tile operatiOD, maintenaDce, and management of the
surface water and stonnwater management systems, and reserves serving the Cocobatcbee
Bay PUD, together with any applicable permits from the Florida Department of
Environmental Protection. u.s. Army CoIpS of Engineets, and South Florida Water
Managcmcot District.
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2.8 DESIGN GUIDELINFS AND STANDARDS
The Collier ComIty Planned Unit Development Disttict is intended to cncouragc
ingenuity, inDovation and i~n:rtion in the planning, design and dcvelopm...-nt of
relatively large tracts of land under unified ownership or control, as set forth in the
Collier County Land Development Code, SeekeR 2.2~.2.3.
The Applicant has Dot set "stages" for the development of the property. Since the
property is to be developed over an esnmAbo(J ten (10) year time period, any projection of
project development can be no more that an estimaIe based on c:orrent marketing
knowledge. The estimate may. of course, change depending upon futme economic
factoIS.
2.9 GENERAL PERMI'ITED USES
Certain ~ sball be CO~i~.~. ~~lW..tted uses throu~. t the Cocoharchec Bay
Co~umty PUD except In./. "D....e~DCral pcrmllted uses are those uses
w~cb generally serve ~~~~TCSI~~.e Cocobatc~ Bay .~l!D and are
typIcally part of the co~v~ or are COns~ comm1Dl1ty facilities.
A GencnJ~V~' 4 \ \
1 'C._L.:...l~ ~ L .~ (56'm }.....ftft> Land De 1
. ~'ii/~arsyt~~~~v1- er~~l veopment
Co&,gruIl1~~UJ! (f ;' . r)".J
\n,\..S1 V ~,. ~ t::,
W~~t facilities aiilrelattd stNauics.
\~)~ ~ J ~v/
T~~agc treatTMnt ~ili1i~. .,/00/
, . <\'.7.
r .1._- .~().. ^; . ~ j _L.- bi.---1 ..._1
~ mcIUamg I~.-or owr;;~ arc IQ,iWlGl or strucWolGl
'~ffR re." KR'<..-l'<....l./ .
bank treabDcn.... ~
2.
3.
4,
5. Guardhouses, gatchouses, and access control structures.
6. Community and neighborhood parks, recreational facilities. community
centers.
7. Temporary construction, sales, and administrative offices for the
Developer and the Developer's authorized contnlCtom and cansnltants,
including necessary access ways. parking areas and related uses.
8. Landscape features including. but not limited to, landscape buffers, benns,
fences and walls which shall be in accordance with the Collier County
Land ~Yelopment Code in effect at the time permits arc ~ted unless
otherwise specified herein.
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9. Any other use which is comparable in nature with the foregoing uses and
which the Planning Services Department Din:ctor determines to be
compatible.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
shall apply to structures:
1.
Setback from back of curb or edge of pavement of any road - Fifteen feet
(IS') except for guardbouscs, gatchouses, and access cootrol structmcs
which sball have no required setback.
2.
Setback from exterior ~ lines - One half (112) the height of the
structure, minimum of twenty feet (20').
3.
Minimum distance between structUIes which are part of an architcctura1ly
unified . ~
~~,...1Pl'-~U~~",.
Mini, ~~~~..(\l~,>" L.__(
m~vuulce bctwc:cn unrclBlC( ~ - Ten ~ 10').
~~cm ~~~omL ~\
I~"~'
I I ---L./\ \
MiDim1im1dt1)t arcefan;l'-Nc*~ I
!( u iF ( . I 'V ., VI
~u.JJ~~~wilbinCooo~requDaI
~\bowever the width 'Q( the I~/buffer shall be increased
~atcly to the width of.~~b oftbe sidewalk, bikepath.
\~j-J. ~ '''I.: ( /.~V/
or 'I y, !.....)/
'r. ~~~/ .
s~ - .1l&.:B '. ond other Iond IISClI w...... such
standards arc ~Sl-f1i~~ be in accordance with the Collier
County Land Dev&~~ in effect at the time of Site Development
Plan Approval.
4.
S.
6.
7.
8.
i
I
2.10 OPEN SPACES REQUIREMENTS
i
The .Amended PUn Master Plan itieBlifill6 IppfSJi---Iy ~g3 .188 iBelaW ill tBe
RNfMBBH. Gelf CetIne. T .ar-Elsllap&fQpeB g,..., T -1.'1l _Ii PfeaeI"VB Dillriet
dlliW-"':!II8. 11I11( __ ""<}'"--- Ie .,,_alli-~$ely 91 pen58Bt af lite Plejeet _II fully
~ -tillfics the open space requirements of gNaSH 2.'.a~ ef the Collier Conoty Land
Development Code.
~11 NATIVE VEGETATION RETENTION REQUIREMENTS
i
Twenty Five Pen:cnt (2S~) of the viable naturally functioning native vegetation on site
shall be preserved.
~8108 revision
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2.12 LANDSCAPING REQUIREMENTS
A. A pcrimctcr berm shall be constructed in confonmmcc with SeeliBB 2. ~. ~ sf the
Land Development Code.
1. Tn:es and shrubs shall be planted along the base of the berm so as to
visually soften the appearance of the side of the berm.
2. Ground cover on the side of be berm shall form a dense auractive mat, and
shall not rcquiIc mowing.
3. Trees shall be a minimum of 7S percent native species.
4. Shmbs shall be a minimmn of 35 percent native species.
B,
A minimum landscape area of thirty-five feet (3S") shall be developed along the
V~ilt ~ve fro~~~~ buffer: on the west 8;ide of V8;D~t
Drive sball 1DClude:\cr:~y.el . ~ I~ the VIew of high me
iesidential SlrU~).~fuVandcrbilt Dri~/~.)- -~ ~
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SEcrION m
RESIDENTIAL "R"DEVELOPMENT AREAS
Jtl PURPOSE
The pwposc of this Section is to establish land use regulations and development
standards for the residential development tracts designated on Exhibit'" A," the A~
PUD Master Plan as :R: "R.I" and "R2".
311 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted wilhin the PUD is 590. Tbe subject
property contains a gross acreage of 532.09 +1- acres and base density of 1.11 dwelling
units per gross acre.
33
GENERAL DESCRIPI'ION
Areas designated as ~~~~ded PUD Master Plan are designed
to accommodate hip:,~~al dwelling uni~ multi-family dwellings, adult
living facilities, Cu~t nmm:sidcntial uses, a Nn ~~ of recreaDonal facilities,
essential servi~, aDd~ ~\ ~ \
The approximate~~A~). .' PlID Master Plan. 1bcsc
b I. I, I \Jl J .oiL. \ I lt1... l..~ .. U ':':_ftl_ Actual fall
aaeagcs arc asen Oil! conceptual UCOl!iI~ ~\ appro.............. acreage 0
development tracti.fWW:~ dipe of Si~cJoi,mcnt Plan or Preliminary
S bdi . . PI \'"'' \ . als' accordanc:b .th'" 9R' ~ I ;; 3 II 9i . . ; ;!
U VISIOD at \~v 10 ~~-;~-:-~t(WJ i I!~~ . &B "J'ISIBB. ,
tupeeavely, sf ~'(COllier County Land ~lnnmenl~, Residential tracts me
dcsi cd ----~~.~ . mal ~.a.... "'11rrj ~"r1-.. and. 1-'-
gn to ~1lJWWWi&c;'Ultc I\HUWays, o~~.t'"""..... amemty areas, _CS
and water managcmcn\~'1i~and other similar ~ fblmd in residential 8l'C8S.
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USES PERMITTED -!liE C~ ;
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A. PrinciPal Uses
1. Multiple-family dwellings.
2. Guest suites and cabanas.
3. Any other principal use which is comparable in nature with the foregoing
uses and which the Planning Sccvices Department Director detcnnines to
be compatible in the:a:: "R.l" _Ii "JUn District&.
B. Acccssorv Uses
1.
Uses and structures customarily associated with principal uses pcrmit1cd.
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2, Recreational uses such as, but not limited to. clubhouse, fitness center,
health spa. tennis courts. swimming pools or similar recIe8lional uses.
3. Any other accessory use wbich is companble in nal11re with the foregoing
uses and which the Planning Services Department Director determines to
be compatible in the ''R'' "RI" H6 "R2" District&.
3.5 DEVELOPMENT STANDARDS
A.
Table I II sets forth the development standmds for land uses within the "'RIO
Residential District&.
B.
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within the Cocohatcbee Bay PUn, arc to be
in accordance with Collier County Land Development Code in effect at the time
of Site Development Plan approval. Unless otherwise indicated, required yards.
heights. and floor area standards ly to principal structures.
ru: ft..9'lrm. .-:;~"'PR C01 }-vI ball be sed b ....IMn...
Vll-street ~.....g~~~Or=-mW~IJ!Il,Y".. .. s acccs y p_~
aWes or drivew.aYs$in'~ ale separate rrotitiilii-roads which serve more than ODe
/'" 1/ ''f' \,
dcvelopmcnLj A'-grcen space area of not Iw tHan ten feet (10') in width as
measured iipm J?lv~nt edge s~ separate any parking aisle
or drivewar froman~~. ,\ \ \
1R the eveRt J/;Q1~f~\l~ ~BII!iBg p)lN6 ill tile 81M
, h' 'I \ t ! 'I I. ~t I I r I
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D.
DEVELOPMENT STANDARDS ~ !!U! NON HIGH
HJGB.RISE JAlI.1t J!.Ym.P RISE (OIlIer
M..... F-.iIJ DwIIiIIp* ~-)*
1tfI... . Lot Ana N/A ~
ltfl"'- Lot WidIIl N/A MIA
I'I"DlIIt Yard - ~ JloMI -I 0.5 BH Dot less 9.j lIH 8._
tban 2S feet ... :JI ...
FJoHt Yard - A m n.,. JAde. 0.5 BH BOt less 9A JlH ....
SIrac:mre than 2S fc::ct ... :JI het
Ft'DIIt Yard. VudIrIIiIt Drift BH NIle
Freat Yard. SO Hlt\
Side Yard 005 BH ~
:acarYanl ~ o.s BB ~
ReRYud& IS ~ 1
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20 staric:a for a JDa'l[imnm
Iu:i of200 fEet *2-
005 SBH *3
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1100 SF
9rJ illllet..
11M IS fell
121Kl gp
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IJl: (BaildisIJ HciJtll): BuiktiJII JII:iIbt Iball be !be vatical diItIDce IIII:aIIJZ'Cd from the finl habitIbIc fizIiIbed ~ devlliOll to
~ Upps1llDlt fiDbbed c:ci!iIII dcYIIioa of tbe IIJ1IClUre.
aim: (Sum of BlJiIdIDa fkiIht): CombiDed beight of two Idjaceat buiIdiDp for the purpoIl:I or ~ ICtbKk
.~~
All ciItIIICeI are in fa:t aIIIcII CJIbcnriIc 1IOCed.
i
-1 PnlIIl yards Ihall be 1IIeIIDnld . follows:
! A. If cbe pcc:cl is IIrftId b)' . pablie riIbt<<-way. JCCback is DaIIIRd from &be Idja:alt IiJbl-of-way line.
B. Iftbe I*'Cd is ICnIIl b)'. pri.. roId. scU.ct is -= from die bKk or cmb ('If cudled) ar edp of pavaDCIIl (if
DOt cmbed),
~ BlZikIiD. beiPt far tile JIIIItb property IiDc Idj~ 10 AIbor Tnce in tile "R-I-" hCt Ib&Il bell '" ltDries for . "",,,i_....
: height or m -110 feet.
i~~
~ 'WIIae buildIDp willi . _ ~ .~ .. ~I#\ 'at oftIcI from ODe 1DOIbet, IUd WIlls II'C DOt
: paIldIDOIIC~.tbc~/cD~~4iwdy~t
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SEcrION IV
GOLF COURSE"GC" DEVELOPMENT AREAS
4.1 PURPOSE
The purpose of this Section is to set forth the uses pennitted and development standards
for the Golf Course tractS. The primary functioo and purpose of tbcsc tracts will be to
provide aesthetically pleasing open areas, golf course and recreational facilities. Except
in areas authorized for Development, all good quality native trees and shrubs shall be
protected and preserved wherever practicable.
4.2 PERMrITED USFS AND STRUCTVRES
No building or structure, or part thereof, shall be erectcd, altered or used, or land or water
used. in whole or in part. for otber than the following:
A.
PermiUCd Principal Uses~~
/'y~\.~
1. Golf ~~a golf club f&ciliticS':icl.ddie quarters, clubhouse, guest
soiteS.~lidfng tcmpol'CY golf CI~\
2. UP~ 2 Ltd~ilY ~~~el1in2~\
3.;' J...(~~~ 'f) )
4 ':l. eo\ (') \Wd~ U j U . 'J. It. buildin
--:. :r. mmumty an i gow- course \IIlBllltcJlaIlC:C iar.cas, mamtcnllD<:e 81,
~~rvices. inigation w~ mjd o~~ storage tanks and ponds,
watd~~astewatcr treatment p~t5,A~~1 pumping facilities and pump
buildi}"<"r ulili~intAstaff:O. ' :ffiees.
ll~U,~/
, '-.;::'J;-. -;l'>", . . {"'"\J Y
~ Anv of the uscs...of~~triet..8Ubicct to the develOl'meJlt standards of
the "P" District. ~ ~
6. 4:- Any other principal use which is comparable in na1UIe with the foregoing
uses and which the Planning Services Department DiR:ctor dctennines to
be compatible.
B, Permitted Accessmy Uses and Structmcs
1. Accessory uses and strDctlm:S customarily associated with the principal
uses pe~ttcd in this District
2. Pro-shops, practice areas and ranges, golf cart barns. rest rooms, shelters.
snack bars and .golf coune maintenance yards.
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3.
Retail sales of associated recrealional equipment and apparel, such as, but
not limited to. golf, tennis, and other rcc:reational related equipment
apparel and accessories.
4. - Restaurants and related uses intended to serve club members and club
guests.
5. Shufilcboard courts. tennis courts. health spas, swimming pools, and all
other types of accc&soIY facilities intended to provide recreational
opportunities for members.
6. Open space uses and structures such as, but not limib:d to, boardwalks.
n~ trails. bikeways, 1andscapc nurseries, gazebos, boat and canoe
docks. fishing piers, picnic areas. fitness trails and shelters.
7.
.u
Any other ~ssory use which is comparable in nature with the foregoing
uses and which the Plannin Services Department DiIector detennincs to
be compatible. 1."BR CO"'"
/-- ,}..;/----~::?V"'_
DEVELOPMENT ~TlONS . GOLF FA-cILFI'mil
'~" \
Principal ~ lItwI be ~~ of-~CDty feet (20') from Golf
Course Disftict .bo~~1JdV8le rQads, and, twenty-five feet (25') from all
PUD bounclari~rr\l1lf' 17\\. jW)W) \
A=ssmy!.JlC,WJJ~a W tclI feet (10') from Golf
Coone ~~ aod priV*. Cl)and/~... t"V 'ty feet (20') from all PUD
boundaries ~~.idcntial tracts. ~ J /~. / -
\~~ .~ /,~O/
Lighting facilitic:r sh, be ammgcd in a ~~ch will protect roadways and
residential ~_le intcrfemoce..
~ ClRL7
Maximumbeightof~
1. Principal Structures - 2 stories for a maximum height of 20 feet.
2. Accessory StIUctures - 1 story for a maximum. height of IS feet.
A.
B.
c.
D.
E. MinimlUD distance between principal structures - Ten feet (10').
F. Parking for the community center/clubhouse sball be three spaces per every one
thousand (1.000) square feet of gross floor area, which shall be considcJed
inclusive of the rcquiJed golf course parking, provided the golf course and
recteltional facilities are priV8le, otherwise, applicable provisions of the Land
Development Code shall apply.
G. The golf ~ maintenance building sball be locared a minimum of 1750 linear
feet west of U.S. 41.
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Standards for parking. landscape. signs and other land uses where such standards
are not specified herein. are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan approval.
Unless otherwise indicated, required yards. heights. and floor area. standaIds apply
to principal structures.
4.4 DEVELOPMENT REGULATIONS -SINGLE FAMILY CRITERIA
H.
No buildioe or structure. or part thereof. sball be erected. altm:d or used.. or land or water
used.. in whole or in part. for other than the foUowinJ:
A. Princinal structures shall be set back a minimum of twenty feet (20') from Golf
Course District boundaries and private roads. and two hwubed feet (200') from all
PUD boundaries.
B.
Ac:ccssory str1Jet\m:s ghalJ be set bat:k a minimum of ten feet (10') from Golf
Course Disttict boundaries and Plivate mart!: and two blJndlWl feet (200') from all
PUD boundaries and .resiWal~Fenccs. InIlt~..s and non-habitable pt~
houses are eXeDlDtfr6m\.tDe~menl~f~h 4.4,B.
... o. r' , -~ .,(>~~'
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, / DEYELOPMENT STANDARDS-IlOR
I ll.. "GC""SIN~ FAMILY" \
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18 ZODlld bcimt
All di~ ~ ill feI!I: tlnlf!!D athr:rwise nnMrI
· Fronl wnIIlhaJl he ftW!BI1red _ follows:
A. If dJIlllm'Cllll is .erwd bv . IlUhlic Mht.of-WlIY. ____J. Is --- fmm !be ~i__r
rildlt-Gf-wavline..
B. If the Il&ta!I is sr:naI bv . Drivare road.. -'-10 is ..-.-f from !be bacl: of curb (if
curbed) or ed2e of- fifllOl ~),
.. .. wrdI ~. for Drincioll and ~ stnICbIreS on lob that abut ~ all be nertbe l.-nd
~..,.-=-ltr~
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~ Permitted accessorv uses and structures:
a. Customarv accessorY uses and structures, includine: but not limited to:
i. Covered parkin!!:. Rtt~herl and detached nral!eS.
ii. Recreational facilities includine: but not limited to pools and tennis
~
iii. Eaucstrian barns and BDJ)UrtCDanccs
iv, W at.er man~ment facilities and lakes
v. One (I) 2UeSt house (as allowed by the I JlI1d Dcvclo,pment Code) ocr
princloal structure aDd two (2) service ouarters sU[Joortin~ the orincipal
stmcture. The I!UCSt house and service CJU&rtCrs combined sball not
cX-M 4O'J, of the size of the princiual structure. . The service qJJartcrs
will not be counted as additional density.
vi. Stor82e facilities
b.
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SECl'ION V
PRESERVE "P'DISTRICT
5.1 PURPOSE
'The purpo5C of this Section is to identify permitted uses and development standards for
m=s within the Cocobatchee Bay Community designated on the Amended Master Plan
as the Preserve District.
5.2
GENERAL DESCRIPrION
5.3
Areas desigoarcd as Preserve on the Amended Master Plan are designed to accommodate
a full range of conservation and limited water management uses and functions. The
primary purpose of the Preserve District is to retain viable naturally functioning wetland
and upland systems. to allow for restoration and enhancement of j~ or degraded
wetland systems, and to provide an ~ s ace amenity for the enjoyment of Cocobatcbce
Bay Community residents. /' ' \."BR Co tJ
/: ~~>~
USFSPERMITrED//0~~ ~\
No buil~g or ~,Z~theie9~be ~ a1~ or used, or land used, in
whole or In part, for ~ than theiollowplg: \ \ \
A. Principal~ses~/~/?\}rF0\lL;rJ\ l'0W) \
\(i . J II j ~ ~J
\"" ---.-- -' I '/
1. P~~. p15M"Je NI8IllII!ilt j' ~~y' ~.81&.
2. BiIBB~~-", ell RIlIUe 1fBiIs;t~ /~LJ~()
.D',~~ .. -<~7.
2. Passive ~~ bm~-'the..followJDe:
b B~~ crR~'
ii.. BJcyc~
ill.. Environmental uses (wetlands and conservation areas)
iv. Flower beds
L Golf cart nalM *
vi. Pathwavs andlor brid2eS
vii. Handicap n~
!ill:. Equestrian uses and trails *
i& Fitness trails and shelters *
L. Hikinl! and nllUre trails
xi. 0Jlcn &,pace drainAl'e svstems (reauired for the 1Xmlittine: of the
~icct)
xii. Parkin!!: Jots (in suo,port of anv use within this section) ·
xiii.. Sidewalks *
xiv. Undcreround drain82C
!.!:. Water Darks (fountains)
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m Lake (includin2 structural bank treatments)
.uii.. Boat (non-motorized). kayak and canoe docks
xviii. FiShin2 piers
~ Guardhouses. Pa.tl!'!bouses *
n:. Passive parks, with na.uive r=reational uses subject to this
section. IIntcnded to be limited to the definition in the I..and
DevelOJ'ment Codcl
~ Gazebos
xxii. Picnic are@
~ Wildlife mnctnArv
~ RecteationaJ shelters. in preserve unland areas onlv
~ Drainae and water manas!ClDel1t facilities as mav be rcauired
bv SFWMD ,
~ Motorized devices reauiMd ~v DhvsicaDv mwaiIal indiviwlAh:.
~ Restroom facilities *
-1:1.11I ofV....v.ri.ilt Drive onlv.
3. Celf 88lt ~~~ 8l'N8 eMde !he limHfi ef tile
M1lln81&~..JJ8_' ~.rJ:.
/ 0/ ,~'\
i. Wildlife .(eBlE'y. '---- ('0, \
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s. 11~ttfiIDW\ I
ft. RMrll~8IIil_ltem..Hl.Ptilln!F~..lIpliIl1l18H(B~ J
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Ptwr''''{'"d.. W8fefHIIB-owm3-\.'ijeeiIi.. .liee. ,'May he ~~. ~~.
\~~ . -~~ 1/-'''1
~ &. Any oihf-.g. iSS~ry use which i; ~~ in nature with the foregoing
uses and .cb'~ces..~t DiIector determines to
becompa1ibt~~
DEVELOPMENT STANDARDS
7.
I
SA
A. Setback requirements for all stroctures shall be in accordance with SeetieB
]'~.8.4.7.3. sf the Collier County Land Development Code. as amended. Any lot
abutting a protcctcdIpresce area shall have a minimum 2S foot setback from the
boundary of such protectedJprcserve area in which no principal structure may be
CODStIUCtCd. Further the plat sbaU require that DO alteration, including accessory
structures. fill placement, grading. plant alteration or removal. or similar activity
sba1l be permitted within such setback without the prior written consent of the
Development Services Director, In no event shall these activiticsbe permitted
within ten feet of the preserve boundaIy.
B. Maximum height of structures - Twenty-five feet (25').
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C. Minimum distance between principal structures - Ten feet (10'),
D. Minimum distance between ~sory structures - Five feet (5').
B, Standards for parking, landscaping, signs and other land uses where such
standards am not specified herein ;R to be in accordaoce with the Collier
County Land Development Code in effect at the time of Site Development
Plan approval. Unless otherwise indicated, required yards, heights, and
floor area standards apply to principal structures.
5.5 PRESERVE DISTRICf CONSERV ADON EASEMENT
A non-eJtclusive conservation casement or tract is required by Collier County Land
Dcvelopmeut Code, EeeBBB 1.2.&A.7.~. for lands included in the Preserve District. In
addition to Collier County. a non-cxclusive conservation casement may also be required
by other rcgularory agencies with jurisdiction over Preserve District lands. In addition to
complying with provisions of the Collier County Land Development Code. said casement
shall be provided in accordancc-wif11.~~orth in any applicable permit granted
by other agencies. Th~~~ts ~~s.)~r assigns, including the Master
Property Owners' Associ8Uc)i(~ be responsi~ .fu"bcontrol and maintenance of lands
within the Plcscrve ~~ . '\ "'\ '\
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SECI'ION VI
GENERAL DEVELOPMENT COMMITMENTS
,
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6.~ PURPOSE
1be purpose of this Section is to set forth the development commitments for the
development of the project.
i
6.2
GENERAL
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All facilities shall be constructed in strict accordance with final site development plans,
final subdivision plats, and all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically noted or stated otherwise, the
standards and specifications of the Land Development Code, DivWBB 3.2 sba1l apply to
this Project even if the land within the PUn is not to be platted. The Developer. his
successor and assigns, shall be responsible for the commitments outlined in this
documenL l"CR COt-.
'\...}..J . VN "-
The Developer, his ~&Dr~fonoQltbe, Amended Muter Plan and the
regulations of the PUri lmJ.aiioptcd, and any other ctiDditiOBS or modifications as may be
agreed to in the +!j..6f~roporty. T1[I If!elition, afi.y su~ or ISSipee in title; is
bound by the commitments withi~I..:~ --mcnL.. \ \
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PUDMASTER! (- ~~ \ R
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A. Exhibit "~'. AmcDaed P~MastCr P~ i iIlostrales the proposed
developmen\Carit1 is conceptual in ~. J ~Sed tract, lot or land use
boundaries ot~~ land use boUD~csJjat"{ be construed to be specific
and may be ;idJ~~ng the pJBttiI),l/ot... ~1te development plan approval
process. Subject~~'R'~iOQ!: !!...f,.~.~i') .as. of the Land Development
Code,PUD~~~~iimctotimc.
6~
B. All IJeCf"'Isary casements, dedications, or other instruments sball be granted to
ensure the continued operation and maintenance of all service utilities and all
common areas in the Project.
C. 11Ie fo11owing shall be considered minor changes and refinements, subject to the
limitations of PUD, Section 6.3A:
1. Rcconfiguration of preserve areas, jurisdictional wctlaDd limits, and
mitigation features as a esult of environmental regulatory agency review,
as long as the changes do not cause additiooal impacts to protected species
or habitat.
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Reconfiguration of lakes, ponds, canals. or other watcr management
facilities where such changes arc: consistent with the criteria of the South
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Florida WBler Management District and Collier County and where there is
no further encroachment into preserve areas.
3. Rcconfiguration of golf course envelopes and design featmcs where there
is no encroachment into preserve arc8S.
4. Internal realignment of rights-of-way other than a relocation of access
points to the PUD.
5. RcconfigoratiOD of r=sidential parcels when there is no eucroacbmcnt into
preserve areas.
6.4
SCHEDULE OF DEVELOPMENTIMONlTORlNG REPORT AND SUNSET
PROVISION
6.S
Initiation of consttuction on the Cocobatcbee Bay Project is contemplated in
calendar ~ 2000 with ~_~ ~~!.f course and Project in.frastmctore
anticipated to occur ~~ ~l. Marketing of commercial and
residential sites and'lciff~ ~~ID~'tUe to begin in calendar year 2000.
and are ~1ole.~ludcd in cal~'iZ010.
M . . liAn MAl .. "\: \~,," be bmi-.l
~tor1JlgI~~ ~,annucu-~g ~ s~ SU .UGU pursuant to
SeeliBll ~.1..:Ui"ef the Co'lP~ rJ--ty Larld Devel-t Code,
I r II~~. -~---\
The ~~~~ ~ S~t Provisions of 8eeU8B
2.7.~.~ ef~:JI1n~~{~ as ~ed'lJv;P~h 7 oftheatt~hed
Settlement'rt and Re1ease~~) /5J
POLLlNGPLA~~ ~~/!.O/
T"" /A .....)
PumJant to Seeti . . ~. :~l~~ provision sball be made for
.... ,"'r"Or---.-- ~., '-.,./
the future use of spICC withl~~or the purpose of accommodating the
function of an electoral polling place.
c.
A.
B.
An agreement sball be recorded in the official records of me Clerk of the Circuit Cowt of
Collier County, which shaI1 be binding 1lIX;'D any and all successors in interest that acquire
ownership of such common areas including, but not limited to, condominium
associations, homeowners' associations, that such common.facilities may be used for an
electoral polling place if determined to be ~st'ry by the Supervisor of Elections.
6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
FROM THE co, .T.lRR COUNTY LAND DEVELOPMENT CODE lLDC)
A. Sidewalks I bike paths shall conform with 8118seeBBB 3.2.&.3.17. sf the LDC.
Due to the environmental issues on this Project impacts arc to be minimi7.ed.
6.2
2/28/08 revision
Packet Page -892-
-O~6/1 ~/2011~lte;;'; 1S.A.6.
B, Private streets shall conform with the right-of-way width requirements of
SHS.8ft 3.2JL (.1 fi.S. af the I Jmd DevelO1lment Code I:BG except as follows:
i
6!7
I
1. Cul.<fe-sacs and local streets less tb8D one tbo1188Dd feet (1,OOO') in length
are required to have a minimum fifty foot (SO') right-of-way width and
two ten foot (10') wide travel lanes as required by the l.and DcveloDmCnt
~ SIlas.stieR ].2.8. ~.l'.s.
2. All other cul-de-sacs are required to have a minimum of fifty foot (SO')
right-of-way width and two ten foot (lO') wide travel1anes as required by
the I .and DeveIQJ)JDent Code SUhllng9ft 3.2.8.~. Hi.S.
3. Tangents between reverse curves shall not be tequin:d under S_eeliSft
].2.g.~.1'.19. efthe Land Development Code.
4.
Sm:ct grades may exceed four percent (4~) under SulIseea9B
3.2.8. U6.11. af the Land Developmcot Code provided that applicable
Florida ~~.:.: .on. Manual of Uniform Minimum
Standards~. ~~: ~'t'~"-"'e"~Hro criteria are met.
/(97 ~l;,\
LDC S~eR :].2.8.3,19.: Pursuanl-,t e l.and DevelODment Code.
~I stancfard that Str=t-name maricrs Shall be vcd b the
_ r I ~.\ \ \ appro Y
De~loP,iDc!!t Sem~ and confoIUl wjth the Florida Department
of l1'ran~o~'2\ ~di;?roi!ttrtttion Manual on Uniform
. 1_ It: ( w, ii' I J.J.Ii I i
Trame l.:ODtrol Devices a,re 8ivtd: line rea~ts for stRet pavement
~~~g~ ~fi~ Pwn road system will be
wai~\ Traffic circulati~ ~ ,~! confOl1lWlCC with Florida
De~t of Transponation ~IHiJP\h.j Administration Manual on
Unifi~...tJ. '. C 1"-' l~-'L '-;U1
,( ~bo ~7'
. \.O^ ~,,,7
IDe BUBsee ..8.4..!e~~. t'to the I ..and Dcvel~mcnt Code.
~ minim~~ internal roads shall be 30 feet with
the exception of both cntraocc road inteDeCtions which shall be 40 feet
s.
6.
TRANSPORTATION - For AddltioaallDfonnatioa.eee SettJN-t ~t aDd
Release
A Tbe Developer shall provide a fair s~ contribution toward the capital costs of
any traffic signals necessary at Project ~ when deemed warranted by the
County EngiDcer. The traffic signals will be designed, instW1Jed. owned, operated,
and maintained by Collier County. The Developer shall provide anerial level
street lighting at all Project ~ priOl" to the issuance of any certificate of
occupancy for a building accessed from a Project entrancc.
B.
i
_ revision
i
i
I
i
I
f
The Developer agrees that Collier County reserves the right to disallow developer
improvements within Vanderbilt Drive. EastIWest Livingston Road, and/or
Wiggins Pass Road rights-of-way if such improvements conflict with or
6.3
.
Packet Page -893-
f
2128108 levision
o~~,o n~. ~~~,
un 6/14/2011 Item 16.A.6.
negatively impact public roadway, drainage, or utility facilities planned as part of
future four-laDing construction.
C.
The Developer sball provide additional right-of-way in fee simple title, when
necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way
is required in varying widths from 10 feet to 2S feet on both sides of Vanderbilt
Drive as shown on the final four-lane design plans prepared for Collier County by
. Johnson Engineering, Inc. Such reqnied right-of-way along each side of
Vanderbilt Drive sball be dedicated and conveyed to Collier County without
consideration for impact fee credits for public roadway, drainage, and public
utility improvements. The right~f-way conveyance shall occur at the time
requested by the County.
D.
The Developer sba1l provide additional right-of-way in fee simple title, when
DCCCSS8l)', alODg Vanderbilt Drive and Wiggins Pass Road at all proposed md
authorized access plin~ wherein right turn lanes for development purposes are
required or specified. Such additional right-of-way is declared to be
CO~utiDg right~. '8Dr.~f. will.' . not be subject to road impact fee
credits. The finalAour:t .. . ['0... ,-,. .1.1 ~ for Collier County by Johnson
Engineering, ~::..dp)i(cf(;how ~ti~'i~way for right turn lanes for this
POO, but the;ftgbt..of-way sball gencra11y ~'Qf a typical width of approximately
15 feeL ~ riglit~y ~ ~ at the time requested by the
County. 1 I ~~\ \ \
The n- ,t ~~ 1"'~\. }~1,:t1\ fJ'gh ~ . ti . I
~ve opeIj(~ Pipvr i~ ~i u(a~!> r t-ua-way In ee sunp e
title. wheJ,~~o.e~-tUB1.fron~ w WigplS Pass Road. Additiooal
rigbt-of-w~ ~ in varying wi~ on"thc ~~/sidc of Wiggins Pass Road
as shown ()("~ final four-lane ~:..pl~ ~ for Collier County by
Johnson EngiJ}~g., Inc, Such req~.t,o~y along Wiggins Pass Road
shall be dedi~~ c(). nv.c. yed to. CoUiCf. .I',CotiRty without consideration for
i~ f= crcdits~PUPJj.G-mIId~~~~/ and public utility improvements.
The nght-of-way con~~~ time n:quested by the County.
The Developer shall provide additional right-of-way in fee simple title. when
neceasary, along the PUD's north boundary for future EastlWest Uvingstoo Road
betwcco Vanderbilt Drive and U.S. 41.. The Village Place PUD directly to the
north of this PUD has dedicared 67.s feet of right-of-way along its southern
property line for the future East/Wcst Uvingston Road. 100 feet of right-of-way
along the northern property line for future EastlWcst Uvingstoa Road shall be
. dedicated to the County. Such RlqUircd right-of-way shall be dedicated and
conveyed to Collier County for public roadway, drainage, and public utility
improvements. Collier County shall compensate the Developer for the right-of-
way based on professional land appraisals of the fair market value based on its
value prior to approval of the PUD, The right-of-way convcyBDCC shall occur at
the time requested by the COlDlty.
E.
F.
6.4
Packet Page -894-
;r-"-'
I "
OR 6/14/2011 Item 16.A.6. -
G.
The Developer shall design and pay for any required road improvements to
Vandcrbilt Drive that will provide access for the Project (this includes turn lanes
and other improvements such as lighting). If these improvements are made prior
to the CODStmction of the County's Vanderbilt Drive four-lane expansion project,
the Developer shall pay the design and constmction costs related to access for the
Project for the existing two-lane section of Vanderbilt Drive. Future four-lane
expansion of Vanderbilt Drive shall include the Projcct"s access and shall be
designed and paid for by the County during the construction of Vanderbilt Drive.
If these improvements arc made after the construction of the County's Vandcrbilt
Drive four-lane expansion project, the Developer shall pay all design and
constmction costs related to access for the Project.
~
H. 'Ibe Developer shall meet the stormwatcr attenuation and water quality
Rlquircmcnts for the future EastlWest Livingston Road between V8Ddemilt Drive
and us 41, The Developer shaU be compc:osatcd for the stormwatcr management
commitments at a rate to be dctcnnincd. The Project sba1l accept future
stormwater commitments from EastlWest Livingston Road along the Project
property line in the fW~GFPJi~ Water quality will be handled within
the 167.5' right-O~.f-O~e~}v)>,
L '"-- n.. ,.-I (: ~ des" . "" ~E~ . __.....1____
us; ~ve....i?"& SbiIl Ign nolSe nutigatiuui_tcmcnt systems m ~IUGU\N
with the Collier c6untv Land. ~-L,...-t code. \\
I I~. ~\ .
J. In !be eveut thp~~~ V~t Drive or Wiggins
Pass RoadI ~ the dCve ' f~. JMSject'S access to Vanderbilt Drive,
! 1\' --;\ I ! I I J~__. \1 I I r' .
the Devel~.s~"!I=.fi!U'~,~,ci~lappropnate turn lanes,
UI1Ul1F8 ~~ *J ~~.-//
~, Yt //
The development oftOiS ~ ~ ~~~ be subject to and governed by
the following conditions'="- -V P n C:0'-~.
..~ .J.!iEc~.
A. Water distribution" sewage co on and ttansmission liDes to serve the Project
are to be designed, constructed, conveyed, and/or owned and maintained in
accordaDce with Collier County Ordinll~ No. 97-17, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the wa1er distribution and sewage co11cction facUities
to be constructed will be custoIDCl'S of the County and will be billed by the County
in accordance with the County's established rates.
c. The oo-site water distribution system serving the Project must be connected to the
District's water main and must be consistent with the main sizing requirements
specified in the County's Water Master Plan and extended throughout the Project.
During design of these facilities. the following features sbal1 be incorpot'lded into
the distribution system:
;
]
~ revision
:
I
65
.
Packet Page -895- -
OR- 6i14/201-1 It~~ -16.A.6. -
1. Dead-end mains shall iDclude dead-end flushing hydrants.
D.
2. Stubs for futwc system interconnection with adjacent properties shall be
provided to the 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.
A water distribution system shall be constructed throughout the project
development by the Developer pursuant to all current requirements of Collier
Coonty and the State of Florida. Watcr facilities constnK:ted within platted rights-
of-way or within utility casements as set forth in Collier County Ordinance 97-17.
shall be conveyed to the County WaterlSewer District for ownership. operation
and maintcDance. All water facilities consttucted on private property and not
rc:quircd by the COWlty to be located within utility easements sbaIl be owned.
operated and maintained by the Developer. his assigns or successors,
All construction plans and technical specifications and proposed plats. if
applicable. for the pro.....".~--must be reviewed and smnrnvedpo. or to
commeDZIDODt~~ ~r'-
A di ,fL9/ball - -- - be ~ .~~ .-.1 througbou'1.- .
sewer stnuuJion system s CODStrut.wu t wv project
developmeo,{ by Ahc~velopef-p~t to alh curi-cnt requircmcDts of Collier
County andftbe Stale of Fr-oridCSewer f~ilities ~ within platted rights-
of-way or i.>ithi!r~~. tS1as~.. NortIi. Jiii iiColli~ County Ordinancc 97-17.
I Ii uluu~ I I \ I U, ; J.\/! \ I
shall be c~nv~~ to the t'~tv !Wi~' . CifDiStrict for ownership. operation
. I -I'\-~....\ rr-::t !~:f~ ~I! I r .1 .
and 1Daln~~ ~wc~b -COIiStril~ un pnvate Jh<>perty and not
required by"~ County to be loc:atatwitbln uqii~~ts sball be owned,
operarcd ana~tained by the Devel~hip asS~/or successors.
\~ \.. ..~ '"Y/??/
All constructi'oir ,lans and technical ~ons and p1Opulia1 plats. if
applicabJe. for the~~'" reviewed and approved prior to
f " J.;klri;t.. ("'1 ~iI'Q-o L" L" >-"
commeoc:cmcnt 0 cons~
E.
F.
G.
6.9 ENVIRONMENTAL
2128108 revision
The developmc~t of this Amended PUD Master PlaD shall be subject to and govc.med by
the following conditions:
A Enviromncntal permitting shall be in accordance with the State of Florida
Envimmncntal Resource Permit Rules and be subject to review and approval by
Current Planning Environmental Staff. Removal of exotic vegewion shall DOt be .
the sole means of mitigation for impacts to Collier County jurisdictional wetlands.
B. All conservation areas shan be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded OIl the plat with
protective covenants per or similar to Section 704.06 of the Florida Sbi1Utes.
6.6
L
Packet Page -896-
6.10
!
.A~A ..._
6/14/2011 Item 16.A.6.
I
Buffers and setbacks shall be in ICCOrdaDce with 3.2.8.4.1.3. af the Collier County
Land Development Code.
c. Buffers around ~rvc:d jurisdictional wetlBDds sball be in accordance with tho
State of Florida Environmental Rcsomce Permit Rules. Preserved jurisdictional
wetlands and surrounding buffers shall be incorporated in Conservation Areas
which I~ be platted.. .
D. An exotic vegetation 1CID0val, IDODitoring, and maintenauce (exotic-free) plan for
the sire, with emphasis on the conservationlpreservations mcas, shall be submitted
to Current Planning Environmental Staff for review and approval prior to final site
plBDfconstructioo plan approval.
Petitioner shall comply with the guidelines and r=ommcndations oftbe U.S. Fish
and WIldlife Service (USFWS) and Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to protected wildlife species.
Where protected species are observed on site, a Habitat Management Plan for
those protected species.-s:~'be ~~ Planning Services Section staff for
review and '~~~~Bpf;.~on plan approval. A Bald
Eagle ~~ and a OopbcrToftoi~t Plan arc rcquin:d for
this site. I ^ " ~ \ \
i\tly 1lIBIlIl~ Ie ~e lI,~t 'plBB\~ ~. Rlview af the
. I, . .~~C'"? \
! (( \If U '! V ~ VI) J
ENGINEERlNG\()..~~)U. 1l f;.
,-- '~ 1 /.'Y/
A. Detailed pa~~ing, site ~\,mdJ uti~f~ans shall be submitted to
F-ng;n-.rmg R!'~,\Serviccs for revie~c6~on permits sball be issued
unless and 1~ I ... val of the ~'oon'S6i.ction in ICCOrdaDce with the
submitmd p~~ ~.. . ./':~"\ '0- '~ew Services.
~FiE C~~
Design and construction ~JIlCDts sba1l be subject to compliance with
all applicable provisions of the Collier County Laud Development Code.
E.
F.
B.
c. The Developer, its succcsson and assigns, shall be required to satisfy the
rcqu:iremeDts of all applicable County ordinanCes or codes in effect prior to or
concurrent with any subsequent development order relating to this site, including
Site Dcvelopmeat Plans and any other application that will result in the isswmce
of a final or local development order.
6).11 WATER MANAGEMENT
A. An excavation permit shall be required for the proposed lakes in accordance with
DiviBieB 3.S ef the Lallli !)e.JeI&p1Beftt Cede Collier County Code of Laws and
Orriin~~ and South Florida Walcr Management District Rules,
2{28108 revision
6.7
Packet Page -897-
.
OR- 6i14i201-1 It~.~~ 16.A.6.
6.12 HISTORICAL AND ARCHAEOLOGICAL
Pursuant to 8111i_ ~2.~.g.1. ef the Land Development Code, if, during the course of
site clearing, excavation or other constJUction activity a historic or an:hacologica1 artifact
is found, all development within the minimum area necessary to protect the discovel)"
shall be immediately stopped and the Collier County Code Enforcement Department
contacted.
6..13 ACCESSORY STRUC11JRES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structore except that temporary sales bIlildings, trailers,
marketing facilities, contractors storage and office facilities and the like, may be erected
and utilized during the period of Project development and marketing, Such temporary
buildings shall be removed upon completion of the marketing or constnJction activity
wbicb they arc accessory to.
"'-'R reOr
6.14 SIGNS ......t .~-~-~~-~~>.:; .....
~O~. vZZ~
1. ~ I/~~ ~ ~ ~\
A All JCouPty Slgn-~labons shal,l apply\unl~ sucb quJaiioDS are in
cmrict~l. '~(rr~~~~Hlon.
Fat\ ~ ~\~fJDj~.Ir!!!t ~tJ~. each p~atted ~l
shall~ dcred a separatC~1 of lari~d sball be entitled to SignS
BS~~bcrem. . ~Vj5Y
Sboul~~~,tbe signs be ~~: '~laccd within the public: rigbts-
of-way. a'ris~~I~\~lied for and approved.
All signs sbaIl be l~ cause sight distance problems.
B.
c.
D,
2. EntIance Silms
A Two (2) signs with a maximum area of 40 squme feet each or one (1) sign
with a maximum area. of 100 square feet shall be permitted at each
cntrauc:c to the Development.
B.
Entrance signs sha11 DOt exceed a b::ight of fifteen (15) feet above the
lowest cenb:rline grade of the neamst public or private right-of-way to the
uppermost portion of the sign stnJct11re,
I .
c. Entram:e signs may be Iigbtcd provided all lights are shielded in a manner
which prevents direct glare into the vision of drivCIS using the adjacent
stn::ets or going into adjacent n:sidences.
6.8
21281'08 revision
Packet Page -898-
if
1
}
::
. .
or- ~~tn n~_ ~A~~
6/14/2011 Item 16.A.6.
. 3. Pr9iect Sims
A. Project signs, designed to promote the Cocobatchce Bay Project, or any
major use within the Project shall be permitted along the east side of CR
901, the north .side of CR 888, the south side of Livingston Road
Extension and on all land tracts within the Cocobatcbee Bay PUD limits
subject to the following conditions:
i
6.15
'~16
I
1) Project signs shall not exceed a height of twenty (20) feet above
the finished ground level of the sign site nor may the overall m:a
of the sign face exc:ccd one hundred (100) square feet.
2) A maximum of four (4) project signs shall be permitted. Two (2)
signs shall be located along the- CR 901 frontage; one (1) sball be
located along the Livingston Road Extension frontage. and one (1)
shall be located along the CR 888 frontage.
3} Pro.~~Vidcd allligbts arc shielded in a
:?J.." v d:(h ~il~ bich ould' the. .
~1UC prevents -:.:-~ _ w w unpact VISion
I~ ~ the adj-='t.- or going into adjaamt
. Lr-=-~ ~ \ \
LANDSCAPINGlI,FOrr~{. \.;/I~}.. )- EI~~~ \
All landscaping f~~f(~~~ ~ irl.;#CC with the DMsiee 2.~
sf tile Collier Co1inJY Land Development Code in Cffec,t .~~ time of building permit
application. \~ ~~)9/ .
PROVlSIO~FOR~~~~K~~~
The excavatiOn of ~ @ifN~lling m preparation of water
management facilities or other ~is hereby pemritt.cd subject to applicable
sections of the l.8BIl DerJelepmeBt Cede Code of Laws and Ordinances. If it is
demonstrated lhat fill activities on those buildable portions of the Project site are such
that there is a surplus _ of earthen material, then its off-site disposal is also hereby
permitted subject to the following conditions:
A. Excavation activities sball comply with the definition of a "development
excavation" pursuant to Divisiell 3.5 sf the 1.111 Devel~lMIlt Cede ~
of Laws and Ordinances wbclcby off-site removal shall be limited to ten
percent (to a maximum of 20.000 cubic yards) of the total volume
excavated unless a commc:reial excavation permit is received.
B. All other provisions of the Code of Laws and Ordinances _d Divtsi8ll ~ .3
arc applicable.
6.9
2l2sJos revision
.
Packet Page -899-
.""^..... ft."''''
6/14/2011 Item 16.A,6. 1
.1 ~DI 0) @ 8
i ;g ~~ ~ ~"ll ......~ ~;o
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Exhibit "A" to Amended Pl~ed Unit Development Document
=----
.
COCOHATCHEE BAY
PUB MASTERPlAN
Vanasse _ ~~ 1.1- 'I-~ DATF:: 08-29-00 SCALE:
W......, fl)U REY: 01-25-08 N.T.S.
Darlor :::~::-.... PROJIT;T NO.: 80-447
~- ..,..-
_ ~lII,m.lIlI.JIU1tIll6 ACAD NO. B0447-PUD_liP7
Packet Page -900-
( 6/14/2011 Item 16.A.6.
.
EXHIBIT B
COCOHATCHEEBAYPUD
AMENDED BALD EAGLE MANAGEMENT PLAN
The foregoing Bald Eagle Management Plan has been coordinated through, and
approved by, the U.S. Army Corp of Engineers (''USACE''), the U.S. Fish &
Wildlife Service (''USFWS''), and the Florida Fish & Wildlife Conservation
Commission ("FFWCC").1
A. PROJECT DESCRIPTION
The ap~licant proposed to construct five high-rise condominiums (each 17 to 20
stories) , a social and fitness center, a golf driving range,3 tennis courts, guest
cottages, parking areas, and st a management facilities on a 111.3-acre
.. . ~"';""', 0 . .
project SIte. /. -(. )v .
appro'o'eEi ey this B~ 'fi;f'~ MaBagemeBt PI~; ~eti-;;R ~ties~o;ia;i
with the projeet wm m{~et 1.51~.fresR ~late~'\wetlaflCiG. To eompensate
for impaets to wef.IEmis, ~~, has ptppesed-~o pr-ehase mitigatioB erealts
from Em 8fJl3ro-/ed miii~t. ~'fCf'Coriip"ensa. ~ Mor unavoidable effects to bald
I ...J{ f '" i UL /' " VI \ I
eagles at nest C(j)-I~. {. ad nc;>w! CO- ~AI;:-me appl1capt pr-epeseG to shall purchase
d ..1.:1:.1'\ ._t,/l\. .... I J !.Ih b-'~ Ln1 c:..:;J . th ". f.
an preserve sLlJll.i?Ule~ta't~~g cutl..-Cill&C;S';JIl, or m e VlClIl1ty 0,
Collier County, ~ ~~thwest Florida. Th~.rOjdct .stt~s located north of Wiggins
Pass Marina in S~'ns 8, 16, 17, and ~~~48 South, Range 25 East,
Collier County, FlO~... 'Y . 07
",0)> . -0---
B. TERMS AND coNDFD~ C~
1. In the event of project implementations, the entry road, stormwater pond,
parking area, and golf club house areas will be cleared and constructed in
the first non-nesting season (May 16 through September 30). Exterior
construction of the golf club house would also occur in the first non-
nesting season.
.
2. Land clearing and the initiation of construction of condominium number 1
also would be initiated in the non-nesting season (May 16 through
September 30). However, construction of this 20-story building, which is
I This section is from the DESCRIPTION OF THE PROPOSED ACI10N section in the U.S. Fish &
Wildlife Service's Biological Opinion dated February 27,2004, as amended on February 6 and February
27.2007
2 rniaccordance with the Cocohatchee Bay Development Standards. buildings #1, #2, #3, and #4 are 20-
stoties and building #5 is 17-stories. .
3 Private practice area. Not open to the public. , .
4 Biplogical Opinion dated February 27.2004, Page 14. as amended on February 6 and February 27.2007.
Packet Page -901-
OR: A~lO n~. ~n~t
6/14/2011 Item 16.A.6.
.
anticipated to take about 2 years to complete, would not be limited to the
non-nesting season. The staging area for building number 1 would be at
the future location of building number 3 (Figure 1). Site clearing for the
staging areas would occur in the same non-nesting period.
3. In the second non-nesting season, construction of the remammg
recreational facilities east of the access road (Le., fitness facility, social
facility, pool, cottages and tennis areas) would be initiated and exterior
construction completed. These facilities are intended to be operational
upon completion of the 2-year construction phase for condominium
number 1.
.
4. Land clearing and the initiation of construction of condominium number 2
likely would begin in the next non-nesting season, depending on economic
conditions, The pad for condominium number 3 would again serve as the
staging area for condominium number 2. The permittee agrees the
construction seque~-the-..remaining condominiums would be
buildings 3, 4 anQ..,8 ~ ~ ~nstruction of these condominiums
initiated onIy .i(~~)1'o~~~.\rigure 1~. The co~ction
start dates of ~e condormmums likel}' would be m consecutIve non-
nesting se~ns7!bU[ coul.d'.he..del(!Y..ed bascl1 on the economy.
/, u.--~~-h \ \ \
5. The boardw~e~Jld0nihlium Rillnbers 4 and 5 inside 660' of
CO-19A Iwo~d (onI"t He po~~~ \0... \th. i eJ uplands in the non-nesting
aft ~.I.\ , /(\ \ i no.L~ l'L+JA r..:.. I th . ed I .
season er).tli~()...unus are..oomp~ ana; at e reVlS ocation as
\~\ ~ ) I ~J
shown.. \ ~ 7~ I::;; I
\~~,. . ~~, ~O/ .
6. In the event\fh:'~bald eagle parr returrisJA lCQ-19 or bwlds other nests on
property owncii,~~~As$~1te{, LLC, the permittee agrees to
s~lar:ly modify 'tne~~qti~~~e on the: remaining buildings to
mmllnlze the adverse ett~roJect on nesting bald eagles.
7. The permittee has proposed to preserve an off-site bald eagle nesting
territory as compensation for unavoidable effects to eagle nest CO-19A,
Securing a territory may be in the form of fee simple title or a
conservation easement to be granted to an acceptable third party. The
territory must include sufficient area to accommodate alternate nest trees
in the event that the primary nest tree is lost. The permittee will use best
effortS to locate and secure a territory in Collier County, but reserves the
right to search elsewhere if an acceptable contract cannot be secured in
Collier County.
C. ADDmONAL TERMS AND CONDITIONSs
.
S Amended Biological Opinion dated June 30. 2004 pursuant to a request for letter oftcchnical assistance
from Collier County. Page 4-5, as amended and lor re-stated in the February 6 and 27, 2007 Biological
Opinion.
Packet Page -902-
OR' ~'co n~. ~~~c
I 6/14/2011 Item 16.A.6.
The USACE has 'requested the USFWS to modify the February 17, 2004 .
biological opinion for the Cocohatchee development based on modifications to
the project proposed by the applicant. The USFWS has reviewed the proposed
project modifications and notes that they will result in the addition of the
following two (2) items to the Terms and Conditions Section of the biological
oprmon:
1. The construction of condominiums numbers 2 and 3 can be initiated only
during the non-nesting season (May 16 through September 30) (no earlier
than 2008). However, once initiated, construction activities can carry over
through the nesting season until the construction of each condominium is
completed.
2.
The applicant has agreed to pmchase and preserve an offsite bald eagle
nesting territory prior to the initiation of construction activities for the
project. Securing a t~.' bee iJ in the form of fee simple title or a
conservation easem6ii~1aEe ~e.ft'tq an acceptable third party. The
. #j""V ffi' . ./\r...,,"- da al
temtory must " U clent area:...tQl apc,ommo te ternate nest trees
in the event ~ primary nest tree ~~ The applicant will use best
efforts to 1j~catel a!fd secur-e ~ tef!ttory in ~olli'er County, but reserves the
right to searc1/ els~ acc~table 'contract cannot be secured in
COllierc6un~m~11t':
. 1_ l~ 1..11 ,() I ~ ~ . I ~
I) prefer~~~~ 1 ti~ p,~1 that presently supports
active nes\igg y bald eaglest but'a(parcel tha. . tsu'pports suitable habitat for
attracting ~ .upporting nestin~~cf e4~' may also be considered
acceptable. "* ~ 'Y ./._lj
.. ~P. r \~ .
11) Preference Wl~~~21ted tOt selection of a parcel of
suitable habitat that e ected and ranked as a conservation
priority for preservation by agency process.
.
iii) Proximity to other conservation lands being managed or identified for
preservation and management, proximity to foraging areas, size, cover
types, and presence of other species of conservation concern will be
considered for selection of a parcel of suitable habitat for nesting bald
eagles.
D. CONSERVATION MEASURE6
Provided the necessary federal, state and local permits are obtained, the applicant
will construct a 50- to 60-foot artificial nest tree on a salt flat approximately 5,000
feet northwest of the existing nest tree CO-19. The applicant shall utilize diligent
efforts to attempt to obtain the necessary federal, state and local permits. The
.
,
6 Biological Opinion dated February 27.2004, page 15
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Packet Page -903-
OR: n~'o n~. ~n~'
6/14/2011 Item 16.A.6.
.
purpose of the artificial nest tree is to ascertain if eagles that are utilizing nest CO-
19 will relocate to the adj acent artificial tree. This specific location was chosen
because it is within the territory of the eagles that nest at CO-19, farther than
1,000 feet from the proposed condominium construction area, well buffered from
other potential conflicting land uses, and will minimize disturbance to wetland
resources. The geotechnical engineer (ASC Geoservices, Incorporated) suggest
that actual fill for the base structure in the salt flat wetland will be limited to a 25-
square foot area, and can be pile driven by a crane from a floating barge. Water
depths are adequate to reach the site, and representatives of the South Florida
Water Management District will accompany the contractor during barging and
tree installation to ensure that environmental damage will be rninimi7.ed.
.
The artificial nest tree will use technology developed for monopole cell towers
with artificial bark, limbs and needles matching that of a mature slash pine with a
crotch configuration suitable for construction of a nest by bald eagles. The tree
will be designed to withstand 140 mph winds, be lightning proof and constructed
of non-toxic materials. ExamR1es-efthi.s..technology can be found at manufacturer
b . h '---:~:!:L.n Ie" :::----.... 010 Th
we ~ltes sue as www~~~~al\.~~e~^~" :www.utlltycamo.com. . e
applicant also proposysi9~~"U1 the nest tree to prOVide the
residents of Cocohatt~I'Bay and other intere~~ ~'8flies with ~ opportunity to
monitor eagle nestthg bf~...desi~s of 'the base, the nest tree, and
the camera will b.f suhfm~ce. \ ~ \
I fm(~I"D)"J11
E. CHANGES TlHAIf AFFECT 'ERE IABQvaTERMS AND CONDmONS
I(")\\"'y~ 4 J.~ l I~I
Any revision by ~ U.S. Army Corp o'tlEng41eer.t4PSACE), the U.S. Fish &
Wildlife Service ~WS), and the ~~ B<mr/& Wildlife Conservation
Commission (FFW~~'that may cause revisrnJ.,6't.i9'e above described terms and
conditions will not req~Yy.> er amen~~~e Cocohatchee PUD or this
Bald Eagle Management~ait:~~~9JlTent eagle pair or a second eagle
pair build a new nest wi~~undary, any revisions to the above
described terms and conditions required by the agencies listed above shall not
require an amendment to this Bald Eagle Management Plan. The applicant shall
notify the County in writing of any revisions to the above described terms and
conditions approved by the agencies listed above and such revisions shall
automatically become part of this Bald Eagle Management Plan and no further
action to amend this Bald Eagle Management Plan shall be required.
F. PHASING PLAN
In accordance with B & C above, a phasing diagram has been included for
reference. See Attachment 1.
G. REASONABLE AND PRUDENT MEASURES7
.
7 From Biological Opinion dated February 27,2004. pages 13-14
Packet Page -904-
or. JI')cn n/'l. ,\.,')n
6/14/2011 Item 16.A.6.
1. For the duration of the project, the applicant must take all necessary steps .
to Il1;n;m;ze the potential for incidental take of bald eagles during each
nesting season. During the construction of the project, the applicant must
ll!-ake reasonable effort to prolong the integrity of the bald eagle nest tree,
the nest, and the surrounding habitat.
2. Upon the onset of the nesting season each year of construction (October
1), the applicant must initiate monitoring according to Service draft
monitoring guidelines, to detect the presence of bald eagles on the project
site and, if present, any abnormal bald eagle behavior, since site work and
building construction within the primary zone is proposed to occur during
the nesting season. This monitoring consists of 4 hours per morning, for 3
days per week while construction is occurring.
.
.
Packet Page -905-
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